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HomeMy WebLinkAboutAgenda Council Agenda 011504City of Palm Beach Gardens Council Agenda January 15, 2004 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 January 15, 2004 7:00 P.M. L PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. (Page 6 Mayor for a Day — Student from St. Mark's Episcopal Church. b. (Pa 2e S Recreation Division Football Cheerleaders. C. (Page 9) Frank Koutnik, Bureau Chief for the Bureau of Recovery and Mitigation, Division of Emergency Management to present a plaque for the City's induction into FEMA's CRS (Community Rating System). 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: a. Pa a 11 Consideration of approving Minutes from the December 02, 2003 Joint Council Meeting with Lake Park. b. (Page 15) Consideration of approving Minutes from the December 04, 2003 Regular City Council Meeting. C. (Pate 21) Consideration of approving Minutes from the December 18, 2003 Regular City Council Meeting. d. (Pa 2e 28 Resolution 1, 2004 - Downtown at the Gardens and Landmark Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Downtown at the Gardens and Landmark Plat; and proving an effective date. e. (Page 38) Resolution 4, 2004 — Elm Avenue Jurisdiction. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of the jurisdictional roadway transfer agreement to allow for the transfer of Elm Avenue from the Florida Department of Transportation (FDOT) to the City of Palm Beach Gardens, from the Western boundary of Sabal Ridge Road to the Eastern boundary of SR -809 (Military Trail); providing for transmittal to the Florida Department of Transportation (FDOT); and providing an effective date. f. (Page 55) Resolution 5, 2004 - Frenchman's Reserve PCD -Pod E Subdivision Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Frenchman's Reserve PCD -Plat E Subdivision Plat; and providing an effective date. g. (Page 67) Resolution 7, 2004 — Agreement between the City and Sandalwood Homeowner's Association for landscape improvements along Burns Road. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for the installation and maintenance of landscape improvements between the City of Palm Beach Gardens and Sandalwood Estates Homeowner's Association, Inc.; and providing an effective date. h. (Pa 2e 83 Resolution 9, 2004 — Application requesting distribution of a portion of the Palm Beach County Emergency Medical Services Surcharge Award Program Funds. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager to file an application requesting distribution of a portion of the Palm Beach County Emergency Medical Services Surcharge Award Program Funds to which the City is entitled; and providing an effective date. (Page 94) Resolution 11, 2004 — Purchase of Computer Voice Stress Analyzer System. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of a computerized voice stress analyzer (CVSA); and providing an effective date. j. (Page 114) Resolution 16, 2004 — Oakbrook Square Subdivision Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Oakbrook Square Boundary Plat; and providing an effective date. k. (Page 121) Resolution 17, 2004 - Mirasol Walk subdivision plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Mirasol Walk Plat; and providing an effective date. (Page 129) Resolution 23, 2004 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Non - exclusive easement in favor of Seacoast Utility Authority for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the easement premises; authorizing the Mayor and the City Clerk to execute said easement; and providing an effective date. m. (Page 140) Consider approval of Change Order No. 3 in the amount of $42,770.83 to Coral -Tech Associates, Inc. for additional construction services necessary for improvements to the Burns Road Community Recreation Campus. n. (Page 153) Proclamation — Arbor Day. o. (Page 154) Proclamation — Florida Jewish History Month. IX. PUBLIC HEARINGS: PART I — QUASI- JUDICIAL a. (Page 155) Resolution 3, 2004 — NorthCorp — 4750 East Park Drive — principal building sign. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a principal building sign located on Lot 4 of the NorthCorp Planned Community Development (PCD); providing for a waiver; providing for conditions of approval; and providing an effective date. X. RESOLUTIONS: a. (Page 179) Resolution 8, 2004 — Approve a contract award to D. S. Eakins Construction Corporation. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a "piggyback" contract for stormwater drainage construction services to D.S. Eakins Construction Corporation; and providing an effective date. b. (Page 223) Resolution 10, 2004 - Purchase award to Schwarze Industries for one Street Sweeper. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract for the purchase of one street sweeper to Schwarze Industries via an existing contract with Brevard County, Florida (Bid No. B- 2- 02 -74); and providing an effective date. XI. ORDINANCES: (For Consideration on First Reading) a. (Page 261) Ordinance 1, 2004 - Fiscal Year 2003 year -end adjustments An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' Budget for the fiscal year beginning October 1, 2002, and ending September 30, 2003, inclusive; and providing an effective date. b. (Pate 274) Ordinance 2, 2004 - Fiscal Year 2004 carry forward adjustments An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' Budget for the fiscal year beginning October 1, 2003, and ending September 30, 2004, inclusive; and providing an effective date. C. (Page 284) Ordinance 4, 2004 — Old Palm Golf Club PCD Amendment An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 32, 2002 relating to the Old Palm Golf Club Planned Community Development to transfer the Master Plan approval and related conditions to a separate resolution; and providing an effective date. Resolution 20, 2004 is a companion item to Ordinance 4, 2004 and will require Council action at second reading. Resolution 20, 2004 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving amendments to the Master Development Plan for Old Palm Golf Club Planned Community Development located on the Northwest corner of PGA Boulevard and Central Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, and to modify certain conditions of approval; 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 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 -8770 (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. x nm FROM: SUBJECT: CITY OF PALM BEACH GARDENS MEMORANDUM Mayor /Council DATE: January 8, 2004 Patricia Snider, City Clerk 0 for a Each year, St. Mark's Episcopal School organizes a fundraiser by having items donated for auction. The City of Palm Beach Gardens participates by providing a proclamation (see attached certificate) for "Mayor for a Day ". The recipient of the proclamation receives a day with the Mayor and has the opportunity to accompany him through his various meetings and events. The student will also have the opportunity to visit departments within City Hall as well as the Police and Fire Stations. The highlight of the day is when the student accompanies the Mayor to the City Council meeting and leads everyone in the Pledge of Allegiance. We will extend an invitation for the student to stay for the meeting but they usually have to go home because it's past their bed time. I will make sure introductions are made to each of you prior to the beginning of the meeting. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Charlotte Presensky, CPRP Recreation Director DATE: January 8, 2004 FROM: Rick Audet, CPRP Recreation Supervisor SUBJECT: Cheer This memorandum serves to allow for a presentation to be made at the January 15, 2004 City Council meeting. The Pop Warner Cheerleading Program Coordinators, Carolee Holland and Janet Greewald, and Cheerleading Coach Wendy Walker, wish to present the trophies on behalf of this program to the City. The Cheer Team participated in the Pop Warner Program in the Fall of 2003. They then competed in both local and regional competitions at the conclusion of this program. The Junior Pee Wee Squad placed third at local competition while winning the Spirit Award and continued on to the regional competition where they performed admirably. The Pee'Wee Squad placed second at local competition and went on to place fourth at the Southeast Regionals, a statewide competition. Due to the overwhelming success of these girls, their coaches, and their parents, we respectfully request that they be allowed to present to City Council the awards they earned while representing the City of Palm Beach Gardens. + -ram -4� - l�0 10 FROM: SUBJECT: CITY OF PALM BEACH GARDENS MEMORANDUM Mayor /Council DATE: January 8, 2004 Patricia Snider, City Clerk PIS Item IV (c Mr. Frank Koutnic, Bureau Chief for the Bureau of Recover and Mitigation with the Division of Emergency Management, Department of Community Affairs has asked to present a plaque to the Mayor and Council in recognition of the City of Palm Beach Gardens' induction into FEMA's CRS (Community Rating System). Attached is information from the FEMA web site. Community Rating System The NFIP's Community Rating System (CRS) provides discounts on flood insurance premiums in those communities that establish floodplain management programs that go beyond NFIP minimum requirements. Under the CRS, communities receive credit for more restrictive regulations, acquisition, relocation, or floodproofing of flood -prone buildings, preservation of open space, and other measures that reduce flood damages or protect the natural resources and functions of floodplains. The CRS was implemented in 1990 to recognize and encourage community floodplain management activities that exceed the minimum NFIP standards. Section 541 of the 1994 Act amends Section 1315 of the 1968 Act to codify the Community Rating System in the NFIP, and to expand the CRS goals to specifically include incentives for reducing the risk of flood - related erosion and for encouraging measures that protect natural and beneficial floodplain functions. These goals have been incorporated into the CRS and communities now receive credit towards premium reductions for activities that contribute to them. Under the CRS, flood insurance premium rates are adjusted to reflect the reduced flood risk resulting from community activities that meet the three goals of the CRS: (1) Reduce flood losses, i.e., • Protect public health and safety, • Reduce damage to property, • Prevent increases in flood damage from new construction, • Reduce the risk of erosion damage, and • Protect natural and beneficial floodplain functions; (2) Facilitate accurate insurance rating; and (3) Promote the awareness of flood insurance. There are 10 CRS classes: Class 1 requires the most credit points and gives the largest premium reduction; Class 10 receives no premium reduction. CRS premium discounts on flood insurance range from 5 percent for Class 9 communities up to 45 percent for Class 1 communities. The CRS recognizes 18 creditable activities, organized under four categories: Public Information, Mapping and Regulations, Flood Damage Reduction, and Flood Preparedness. For example, credits are provided for use of future conditions hydrology and more restrictive floodway standards, prohibiting fill in the floodway, and adopting compensatory storage regulations, innovative land development criteria, stormwater management regulations, other higher regulatory standards, and local floodplain management plans. Credits are also provided in the CRS for preserving open space in their natural state and for low- density zoning and for acquiring and clearing buildings from the floodplain and returning the area to open space. The 2002 CRS Coordinator's Manual includes a new section, "Land Development Criteria," which specifically credits community land development regulations that limit development in the floodplain or provide incentives to limit floodplain development. Communities receive credits for adopting smart growth land development criteria and for creating open space through their land development process. There are now over 900 communities receiving flood insurance premium discounts based on their implementation of local mitigation, outreach, and educational activities that go well beyond minimum NFIP requirements. Although premium discounts are one of the benefits of participation in the CRS, these communities are carrying out important activities that save lives, reduce property damage, and protect the natural and beneficial functions of floodplains. These 900 -plus communities represent a significant portion of the nation's flood risk as evidenced by the fact that they account for over 66% of the NFIP's policy base. Communities receiving premium discounts through the CRS cover a full range of sizes from small to large, and a broad mixture of flood risks, including coastal and riverine. The CRS — its development and implementation — has benefited from the advice and effort of Federal, State, and local officials, professionals with expertise in floodplain management and insurance, and academics. A multidisciplinary approach led to successful implementation of the program and this same approach has been employed in reviewing and refining the CRS over the last 10 years. CITY OF PALM BEACH GARDENS JOINT COUNCIL MEETING PALM BEACH GARDENS AND LAKE PARK December 2, 2003 The December 2, 2003 Joint Council Workshop Meeting between the City Council of the City of Palm Beach Gardens, Florida, and the Town of Lake Park, Florida was called to order at 7:12 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the pledge of allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, and Councilmember Delgado. Councilmember Russo and Councilmember Clark were absent from the meeting. Mayor Castro, Vice Mayor Balius, and Commissioner Longtin were present from the Town of Lake Park. Commissioner Garretson and Commissioner Otterson were absent from the meeting. ORDINANCES: Ordinance 35, 2003 — Northlake Square West Planned Unit Development. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning the 5 -acre portion of an 8.80 —acre parcel of land located on the Southwest corner of Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, from a zoning designation of research and light industrial park (M1) to Planned Unit Development (PUD) overlay with an underlying zoning district of general commercial (CG -1); and providing an effective date. Resolution 176, 2003 is a companion item to Ordinance 35, 2003 and will not require Council action until second reading. Resolution 176, 2003 -- Northlake Square West Planned Unit Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for Congress Plaza West on the 5 -acre portion of an 8.80 —acre parcel of land located on the Southwest corner of Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, to allow for a 41,000 square -foot fitness center, a 12,389 square -foot pharmacy with a two -lane drive - through, and a 12,000 square -foot restaurant/retail building with an outdoor seating area; providing for waivers; providing conditions of approval; and providing an effective date. Senior Planner Natalie Wong made a presentation of changes since the last joint meeting. Major changes were to the CVS pharmacy and the restaurant building and to the signage on those buildings. One row of parking had been eliminated in front of the CVS pharmacy building and the building had been moved approximately 8' closer to Northlake Boulevard. The building square footage had been reduced to accommodate the reduction in parking and landscape islands had been reduced in size. Other areas had been increased to accommodate more landscaping. Faux windows had been provided on both buildings to improve the architecture. The central tenant would be allowed 24" signage letters with the other tenants having 18" letters. Staff objected to the applicant's proposal to re -name the project to LA Fitness Plaza. Cut - through traffic from Northlake Boulevard to the Lowe's to the south had been reviewed by the City Engineer and the drive was found to meet all emergency vehicle requirements and to provide traffic calming by use of pavers. The landscaping at the rear of the restaurant had been changed to provide adequate screening. One new waiver for landscape island width was requested. Mayor Castro agreed with staff's objection to naming the plaza after a business and indicated he would rather see CITY OF PALM BEACH GARDENS JOINT MEETING WITH TOWN OF LAKE PARK, 12/02/03 2 the name of the plaza with the two major tenants and he did not like the red on the yellow and green sign as shown. Mayor Jablin agreed. Ms. Wong explained that the Northlake Boulevard Overlay allowed only one tenant name in addition to the plaza name on a monument sign. Councilmember Delgado suggested LA Fitness on one side and the CVS name on the other side of the sign. Ms. Wong recommended a condition of approval that the first tenant who came in and was allowed to establish the signage font must choose from a list of fonts provided by staff. Other commissioners indicated they did not object to more than one name on the sign. Discussion ensued regarding allowing an exception for these two corners to make a statement, stating the reasons for the exception. It was clarified that the plaza name could be one color and font, and the two tenant names could be in a different font size and color, the same color for both tenants. A yellow background with green lettering for the tenants and red lettering for the plaza name was suggested. Consensus was to bring the signage back at second reading. Bus stop locations were reviewed. It was noted that Jamie Gentile, Planner for Lake Park, was present at the meeting. It was suggested that the next joint meeting be held the week of January 5, 2004, probably after January 8, and the City Clerk for each municipality would establish the date according to when the elected officials could attend. ITEMS FOR DISCUSSION: Interlocal Agreement between the City of Palm Beach Gardens and the Town of Lake Park for Northlake Square East — Senior Planner Natalie Wong provided a presentation on the proposed interlocal agreement that had been included in the staff report. Mayor Castro expressed concern about the agreement not being mutually fair, allowing the City of Palm Beach Gardens to issue occupational licenses and enforce codes on the property located in Lake Park. Issues of fire and police jurisdiction were discussed. Consensus was that fire calls would be covered by whoever responded first. A suggestion was made to use Congress as a dividing line for police jurisdiction with the City of Palm Beach Gardens having jurisdiction on the west side south to Lowe's and the Town of Lake Park having jurisdiction on the east side. Code enforcement as presented in the agreement on page 3 paragraph 4 was agreed to by the City of Palm Beach Gardens, and Mayor Castro indicated that needed to be discussed when all the Town Commissioners could be present. It was agreed that collection of impact fees was not a problem. Commissioner Longtin objected to points in the agreement which indicated some items were under the control of the City of Palm Beach Gardens, and she felt the Town of Lake Park should have control. Each point was clarified. During discussion regarding who should take the lead on development process for this project, it was clarified that joint staff agreement would be required before moving forward. After extensive discussion, both Vice Mayor Sabatello and Councilmember Delgado indicated their position was to have Lake Park take the lead. Applicant Dodi Glas pointed out the agreements for the east and west sides were different and did not indicate who would lead on permitting and inspections, and that site work would be divided between the two jurisdictions. It was indicated that before Lake Park issued the certificates of occupancy the City of Palm Beach Gardens would need to sign off, and the applicant felt the language did not currently reflect that. The applicant expressed concern that the owner would not be a party to any amendments to the agreement between the municipalities that might be made in the future and therefore could have financing issues. Direction was to bring back the revised agreement. Mayor Castro expressed his opinion that the agreement and site plan should move concurrently. The operating agreement for police protection was discussed and it was CITY OF PALM BEACH GARDENS JOINT MEETING WITH TOWN OF LAKE PARK, 12/02/03 3 pointed out this agreement would not be needed if the project did not get approved. Mayor Castro indicated the project should not have to wait on the operating agreement. The developer of the project indicated he was under a lot of pressure from Target, who wanted to be scheduled for the next P &Z meeting, that they had a difficult time being delayed by the interlocal agreement, and requested some way to help move forward. The permitting process was discussed. Vice Mayor Sabatello summarized that what was being said was the document goes forward and whatever the City and Town approved, the CO would not be issued until the documents were fulfilled, with which he would agree, but wanted it very clear on the record because when a CO was not issued because the City would not agree because something was not right that could be a problem. Mayor Castro commented the permitted plans for the landscaping and paving and drainage could not deviate unless brought back before the Town and City. Vice Mayor Sabatello commented if something was not right with the building then nothing could be issued until both the Town and City agreed. The Vice Mayor stated everyone was ready to move forward if both attorneys agreed, and the next meeting would be held as soon as possible. The developer indicated he had owned the land for three years. It was pointed out that the interlocal agreement did not have to be approved at a joint meeting. Discussion ensued regarding hopefully being able to consider the interlocal agreement in January at the Town's Commission meeting and then at the City's Council meeting. CITY OF PALM BEACH GARDENS JOINT MEETING WITH TOWN OF LAKE PARK, 12/02/03 4 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 9:30 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST: PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 4, 2003 The December 4 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:10 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the pledge of allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Russo, and Councilmember Delgado. Councilmember Clark was absent from the meeting. Mayor Jablin welcomed former Councilmember Linda Monroe. ADDITIONS, DELETIONS & MODIFICATIONS: Mayor Jablin announced that conditions of approval were required for approval of Resolution 224, 2003 and a copy of those conditions had been provided to each Councilmember; and the following resolutions were requested to be postponed to the December 18, 2003 meeting: Resolution 223, 2003, Resolution 212, 2003, and Resolution 130, 2003. Councilmember Russo made a motion to approve the modifications and deletions as presented. Councilmember Delgado seconded the motion. Councilmember Russo requested the policy regarding the number of times a petition could be postponed. Motion carried by unanimous 4 -0 vote. ITEMS OF RESIDENT INTEREST: Mayor Jablin reported that he had received a call from Congressman Shaw's office that afternoon with the good news that $20,000 had been appropriated for bus shelters, and thanked both Congressman Shaw and Tom DeRita for their work on this issue. Mayor Jablin thanked the volunteers who participated in the Big Heart Brigade, cooking turkey dinners for Thanksgiving. CITY MANAGER REPORT: Police Chief Stepp presented the third quarter crime report statistics, which included a rise in auto theft. The Chief described some new programs including checking businesses and leaving a card so the owner would know their property had been checked, signage to slow traffic for school children and in parks, and reactivation of neighborhood watches. Chief Step described other programs, indicated steps were being taken to reduce crime statistics, and answered questions from the City Council. COMMENTS FROM THE PUBLIC: Mike South, 9886 Daisy Avenue, spoke on behalf of the Student Government Association at Palm Beach Gardens High School, announcing they were preparing the Florida Association for Student Council District 5 Convention to be held at Doubletree Hotel, and requested any help that could be provided. Consensus was for the City Manager to research to find the City's policy on such donations, and report to Mr. South regarding what the City might donate. Carol Estrada, 309 Riverside Drive, read questions regarding Resolution 196, 2003, the Landmark, approved at the last meeting. The City Manager indicated he would be happy to meet with Ms. Estrada to provide the information she requested. Ms. Estrada's question regarding legal research was answered by the City Attorney, who explained that she reviewed everything for legal sufficiency before it was placed on the agenda. Vice Mayor Sabatello requested in the future that every question raised be addressed, and that the CITY OF PALM BEACH GARDENS REGULAR MEETING, 12 /04/03 2 information provided to Ms. Estrada be documented so that anyone else interested could have the same information. Councilmember Russo pointed out that holding workshops would provide an opportunity to answer all the questions. Councilmember Delgado noted that she met with staff on every application prior to every meeting. Ms. Estrada requested something be worked out such as holding workshops to better inform the residents. Linda Monroe, 619 Hudson Bay Drive, expressed amazement that workshops were no longer held and stated her opinion that City Council members should be able to obtain needed information without taking two hours from their day so they would still be able to hold down full -time jobs, in order not to limit the council to retirees or wealthy people. Ms. Monroe indicated she had come to speak regarding Northlake Task Force and requested the City not give up on it and work with, their neighbors to continue working with this group. Councilmember Delgado indicated she would provide a presentation regarding this task force probably at the next meeting. CONSENT AGENDA: Councilmember Russo made a motion to approve the Consent Agenda as submitted. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. a. Resolution 222, 2003 — Re- appointments of Beautification and Environmental Board Members. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the re- appointment of two (2) regular members and the appointment of one (1) regular member to the Beautification and Environmental Committee of the City of Palm Beach Gardens; and providing an effective date. b. Resolution 225, 2003 — Seacoast Easement along portion of Plant Drive Park. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a non - exclusive Easement in favor of Seacoast Utility authority for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the Easement premises; authorizing the Mayor and City Clerk to execute said Easement; and providing an effective date. C. Resolution 226, 2003 — Addendum 1 to agreement with Staffing Connection & Action Labor for School Crossing Guard Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida. authorizing the Mayor and City Clerk to execute Addendum I to the agreement with Staffing Connection and Action Labor for School Crossing Guard Services; and providing an effective date. d. Resolution 232, 2003 — Purchase of space saver shelving. A resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of space saver shelving from United Business Systems for additional shelving for the Police evidence room; and providing an effective date. PUBLIC HEARINGS: Part I — Quasi - Judicial — Mayor Jablin read aloud the list of quasi-judicial hearings and the procedure to be followed. Resolution 212 2003 — Downtown at the Gardens Site Plan Amendment A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Site Plan Approval for Downtown At The Gardens located within the Regional Center DRI/PCD, as described more particularly herein, to modify certain conditions of approval; to allow for architectural modifications; to delete previously unaccounted for 11,000 square feet; to reduce the number of theater seats from 3,220 To 3,130; to increase the regional retail square footage by 1,473 square feet; and to make minor site plan modifications; CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/04/03 3 providing for waivers; and providing an effective date. Councilmember Russo made a motion to continue the public hearing for Resolution 212, 2003 to a date certain of December 18, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 227, 2003 — Evergrene Parcel 2 Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the site plan approval for Parcels 1, 2, and 7 of the Evergrene Planned Community Development (PCD), specifically amending rear setbacks for lots B1 through B28 of Parcel 2; providing for a waiver; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 227, 2003 by title. Planner Brad Wiseman presented the proposed amendment. Hank Skokowski, representing the applicant, advised other lots in this development had been granted this same request. Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. During disclosure of ex -parte communication, Councilmember Delgado reported she had met with staff. Councilmember Russo moved approval of Resolution 227, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 36, 2003 — Evergrene PCD Amendment — An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 43, 2001 and amending two conditions of approval to the Evergrene PCD relating to the timing for construction of the clubhouse parcel; and providing an effective date — for consideration of second reading and approval. The City Clerk read Ordinance 36, 2003 on second reading by title only. Planner Brad Wiseman presented the project. Councilmember Russo requested a condition of approval to hold the City harmless. Hank Skokowski spoke on behalf of the petitioner and detailed the status of the clubhouse construction. Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. During disclosure of ex -parte communications, Councilmember Delgado reported she had met with staff and Mayor Jablin reported he had spoken with the petitioner. City Attorney Tatum read the following language to be added to paragraph 4: If on that date the amenities parcel is not complete the City shall cease issuing certificates of occupancy or any new residential building permits until a certificate of occupancy is issued for the amenities parcel. Paragraph 60 would be amended to read: The amenities parcel shall be builtprior to April 15, 2004. The City shall cease issuing certificates of occupancy and building permits after that date if it is not complete. The following would be added to the end of No. 60: In the event that the City is made a party to any action relating to the extension of time for completion of the clubhouse, the applicant shall defend and indemnify the City for any damages and costs arising there from. Vice Mayor Sabatello made a motion to approve Ordinance 36, 2003 on second reading by title only with the changes as read into the record by the City Attorney. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 213, 2003 — Fairway Office Center Monument Sign Addition. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a monument sign at the Fairway Office Center, located within the PGA National Planed Community Development (PCD) and Development of Regional Impact (DRI); providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 213, 2003 by title. Planner Brad Wiseman presented the project. Councilmember CITY OF PALM BEACH GARDENS REGULAR MEETING, 12 /04/03 4 Delgado moved approval of Resolution 213, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 224, 2003 — Brio Tuscan Grille — modifications to approved site plan and elevations. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the site plan approval for the Brio Tuscan Grille Restaurant within the Gardens Mall located within the Regional Center Development of Regional Impact; providing for an additional condition of approval; and providing an effective date. Senior Planner Michael Sanchez presented the project. Councilmember Russo stated he wanted this built as originally approved. Councilmember Delgado commented the arrogance of the owners in going ahead and constructing unapproved outside seating and signage was despicable. Jim McKenzie, Director of Design and Development for the owner, spoke on behalf of the applicant and indicated the landlord had submitted the application without notifying the owner. Mr. McKenzie apologized, but explained that the plans they had submitted to the landlord were not what was submitted to the city, and they were here to rectify this matter. Mayor Jablin declared the public hearing open held on the intent of Resolution 224, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado disclosed ex -parte communication that she had met with staff. The City Manager was requested to provide a report on how the building was completed not in compliance with the approval. Vice Mayor Sabatello made a motion to approve Resolution 224, 2003 with approval of the outdoor seating area, installation of solid color olive awnings, and removal of the thirteen additional signs leaving only the three approved in the original approval. Councilmember Russo seconded the motion. Motion carried 3 -1 with Councilmember Delgado opposed. Part R — Non -Quasi Judicial Resolution 215 2003 - Old Palm Golf Club Easement Abandonment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida abandoning a ten -foot wide Utility Easement as shown on open space tract -2, Old Palm Plat Two, as recorded in Plat Book 98, Pages 139 through 145, inclusive, of the public records of Palm Beach County, Florida; and providing an effective date. City Engineer Dan Clark presented the request. Vice Mayor Sabatello commented he was not a home builder in Old Palm. Vice Mayor Sabatello moved approval of Resolution 215, 2003. Councilmember Russo seconded the motion, which carried by unanimous 3 -0 vote. ORDINANCES: Ordinance 37, 2003 — Small Scale Land -Use Amendment for a portion of Parcel 31.04 Legislative. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving a small scale land use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 6.416 acres, generally located at the Southeast corner of Central Boulevard and Hood Road, commonly referred to as "a portion of parcel 31.04 ", to change the land use designation from Mixed Use (MXD) land use designation to Residential High (RH) land use designation; and providing an effective date — for consideration of first reading. The City Clerk read Ordinance 37, 2003 by title. Senior Planner Kara Irwin explained that Ordinance 37, 2003 and Ordinance 38, 2003 were being submitted for first record a second time since changes had been made in the titles to correct an error. Councilmember Russo moved Ordinance 37, 2003 be placed on first reading. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/04/03 5 Ordinance 38, 2003 — Small Scale Land -Use Amendment for a portion of Parcel 31B Legislative. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving a small scale land use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 3.42 acres, generally located at the Southeast corner of Central Boulevard and Hood Road, commonly referred to as "a portion of parcel 31B ", to change the land use designation from Residential High (RH) land use designation to Mixed Use (MXD) land use designation; and providing an effective date — for. The City Clerk read Ordinance 38, 2003 by title. Councilmember Russo moved Ordinance 38, 2003 be placed on first reading. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4 -0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Mayor Jablin commented that he, Vice Mayor Sabatello, and Councilmember Delgado were present at the last joint meeting with Lake Park regarding the interlocal amendment. The members from Lake Park had been angry and upset, and Vice Mayor Sabatello had placated their concerns, but Mayor Jablin commented he was concerned the city had given up too much and he thought the City Manager's discussion of this at the time was right and the city did not care who got credit for this but wanted it safe going forward for the shoppers. Mayor Jablin stated he trusted the city's police and fire services and wanted to make sure that control was not given up. The Mayor commented that all of Lake Park's services were contracted out. Councilmember Delgado commented she had investigated after the meeting, and explained that the city had police and fire control but Lake Park felt since the entire building was on their property they should provide those services. Other issues such as permitting and impact fees were discussed. Impact fees only applied to the city since Lake Park did not have impact fees. Councilmember Delgado indicated she was now concerned about police coverage since Lake Park only had three sheriffs and it took forever for them to answer calls to some areas. Councilmember Delgado commented crimes happen in parking lots and advised she would be looking at this issue differently at the next meeting. Councilmember Russo advised he would like to provide services but wanted compensation, and stated he had no problem with the mutual aid agreement if the city had coverage and was being properly compensated. Mayor Jablin asked if the city covered mutual aid for the county for those areas that were contracted by the county. Vice Mayor Sabatello received praise for the way he handled issues at the meeting to defuse tempers. Mayor Jablin indicated the city only wanted to help Lake Park to pull themselves up financially. Councilmember Delgado suggested a presentation showing their response time versus our response time. Councilmember Russo reported Mr. Otterson had been mugged which was why he did not attend the meeting. Attorney Tatum reported a revised version of the interlocal agreement had been received that day and she would provide that to the Council members. Mayor Jablin commented he wanted Lake Park to know that Palm Beach Gardens was their friend and only wanted to help them. Mayor Jablin reported one of the City's volunteer firefighters, Stuart Swartz, had been in a fatal car accident, and commented on his energy and spirit. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/04/03 6 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 9:35 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST: PATRICIA SNIDER CITY CLERK Z) CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 18, 2003 The December 18, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:16 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the pledge of allegiance. ROLL CALL: The Deputy City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, and Councilmember Delgado. Mayor Jablin announced Councilmember Clark and Councilmember Russo would be present later in the meeting. Councilmember Russo arrived at 8:08 pm, and Councilmember Clark arrived at 8:55 pm. ADDITIONS, DELETIONS & MODIFICATIONS: Mayor Jablin announced that Councilmember Clark would be needed to vote on item 9C, which would be considered when Councilmember Clark arrived after finishing the item that was in process at that time. Councilmember Delgado made a motion to move item 9C to the next item after Councilmember Clark's arrival and to modify Resolution 212, 2003 as per memos distributed to the City Council. Vice Chair Sabatello seconded the motion, which carried by unanimous 3 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Councilmember Delgado introduced Dr. Monroe Benaim from the Palm Beach County School Board, who discussed the population growth in the county. Chris Garrison made a presentation regarding capital projects and discussed the school referendum for funding capital projects. The Vice Mayor stressed the need for a school at Mirasol. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported she had been elected again to a full voting position on the Treasure Coast Regional Planning Council. Councilmember Delgado distributed the new legislative agenda, with the state's priority being annexation. Councilmember Delgado reported she was working on a golf tournament to benefit a scholarship fund to honor the young lady recently killed who was from PGA National. Mayor Jablin noted that annexation issues would be addressed and resolved. The Mayor announced the federal decision that towns and cities could now petition the FRA to establish quiet zones and stop trains blowing whistles during evening hours, and advised that the Council would move forward to petition for a quiet zone in the City. CITY MANAGER REPORT: The City Manager announced there was no report and that he had provided material to the Council regarding directives from the last meeting. Vice Mayor Sabatello indicated he wished the new format used in this document to continue. COMMENTS FROM THE PUBLIC: Dodi Glas, Urban Design Studio, West Palm Beach, requested that CO's be issued for residential buildings in Legacy Place which were being withheld because of changes in the field made to paint colors, with a miscellaneous petition to be submitted after the fact. John Gary advised this had been a mistake, and there were 29 buildings ready to receive CO's. Mr. Gary suggested CO's be granted for 16 buildings, leaving 12 buildings which would have to come back for approval. Discussion ensued. Councilmember Russo arrived at this point in the meeting at 8:08 p.m. Following further discussion City Manager clarified the City Council wanted to authorize co's up to 16 building's until buildings were painted back to the i CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 2 approved color or a petition to change the approved colors was approved. Councilmember Delgado made a motion to approve based on what had been stated in the record. Vice Chair Sabatello seconded the motion, which carried by 4 -0 vote. Jennifer Morton with Land Design South, in Palm Beach Gardens, announced she was a new resident but was present tonight on behalf of Toll Brothers and their Frenchman's Reserve project, in particular the model homes that had been approved approximately two years ago. Toll Brothers would like to add options for models. Ms. Morton asked if new models could be approved through administrative process at staff level. Discussion ensued. Consensus was to hold this item until later in the agenda when Councilmember Clark was present. Manny Graham, Greenway Drive, North Palm Beach, asked for forgiveness that the Village of North Palm Beach had gone ahead with changes to their comprehensive plan without consulting the City regarding annexation. Charles O'Meilia commented he understood the Northlake Task Force had a meeting next Monday night and there was a meeting January 15 regarding annexation. Roger Blangy, Garden Woods, expressed excitement over the railroad decision that quiet zones could be established. Mr. Blangy reported cabbage palms planted in Garden Woods by Mr. MacArthur were no longer to be trimmed by the City, and suggested the City continue but trim these in their spare time and trim each tree for a nominal fee of $25. Linda Hughey, Reed Drive, on behalf of Weekday newspaper, asked when the meeting for the Northlake Boulevard Task Force would be discussed. Mayor Jablin responded it would be at the January 15 meeting. Mr. Wu would be the representative for the City at the task force meeting on Monday. Julia Byrd, Daffodil Circle, requested information on when workshops could be held, which was provided by the City Attorney, who explained they could be held and explained the parameters. Councilmember Delgado requested a Council retreat. CONSENT AGENDA: Councilmember Delgado made a motion to approve the consent agenda. Councilmember Russo 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 November 20, 2003 Regular City Council Meeting. b. Resolution 234, 2003 — Traffic Control Jurisdiction agreement. 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 Bent Tree Property Owners Association; and providing an effective date. C. Resolution 236, 2003 — Work authorization with LBFH for the master planning of the Burns Road Community Recreation Center expansion. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization for engineering services with LBFH, Inc. in connection with the master planning of the Burns Road Community Recreation Center, as well as site designing for construction of a new pool; authorizing the Mayor and City Clerk to execute such work authorization; providing an effective date. d. Resolution 239, 2003 - Marina Gardens Plat III Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Marina Gardens Plat III Subdivision Plat; and providing an effective date. e. Resolution 240, 2003 — Agreement with PBCC for education and training. A CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 3 Resolution of the City Council of the City of Palm Beach Garden, Florida approving an agreement with Palm Beach Community College providing for the education and training of students in the Paramedic and EMT Programs; and providing an effective date. f. Resolution 241, 2003 — Withdrawal from the Florida Intergovernmental Finance Commission. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the withdrawal of the City from the Florida Intergovernmental Finance Commission; authorizing the execution and delivery of all necessary documents to effectuate the withdrawal; and providing an effective date. PUBLIC HEARINGS: PART I — QUASI- JUDICIAL Mayor Jablin announced the procedure to be followed for quasi-judicial cases. The Deputy City Clerk swore in all those intending to testify to quasi-judicial cases. Mayor Jablin announced that Councilmember Clark had just arrived at 8:55 p.m. Resolution 212, 2003 — Downtown at the Gardens Site Plan Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Site Plan Approval for Downtown At The Gardens located within the Regional Center DRI /PCD, as described more particularly herein, to modify certain conditions of approval; to allow for architectural modifications; to delete previously unaccounted for 11,000 square feet; to reduce the number of theater seats from 3,220 To 3,130; to increase the regional retail square footage by 1,473 square feet; and to make minor site plan modifications; providing for waivers; and providing an effective date. The Deputy City Clerk read Resolution 212, 2003. Principal Planner Talal Benothman presented the project and explained that two, changes had been made to the conditions of approval in the resolution provided tonight, which were to revise condition 19 to reflect that the applicant will provide at least two public restrooms on the first floor; and to revise condition 54 to state applicant shall work with the Police Chief regarding digital cameras. Donaldson Hearing spoke on behalf of the petitioner. Mayor Jablin declared the public hearing open, held on the intent of Resolution 212, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado disclosed ex -parte communication that she had met with staff and Councilmember Clark and Mayor Jablin disclosed they had attended joint meetings of petitioner and staff sometime in the past. Vice Mayor Sabatello and Councilmember Russo stated they had had no ex -parte communications. Councilmember Clark moved approval of Resolution 212, 2003 with the amendments as read into the record by staff. Councilmember Delgado seconded the motion which carried by unanimous 5 -0 vote. It was clarified that there was no additional condition regarding theater capacity since it was done by fire code, and the word "separate" was fine. Resolution 130, 2003 — Accepting Lake parcel and Quit Claim Deed for Downtown at the Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a Quit -Claim Deed from the Northern Palm Beach County Improvement District for the Lake Parcel at Downtown at the Gardens; authorizing the Mayor and Deputy City Clerk to execute a Quit -Claim Deed in favor of Downtown at the Gardens, LLC for the Lake Parcel at Downtown at the Gardens; reserving rights for the public to access and use the lake parcel; authorizing the Mayor and City Clerk to execute an operating agreement with Downtown at the Gardens, LLC for use of the public area; authorizing the Mayor and City CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 4 Clerk to execute an Escrow Agreement with Downtown at the Gardens, LLC to provide for reconveyance of the public area if the project is not completed by a date certain; and providing an effective date. The Deputy City Clerk read Resolution 130, 2003 by title only. Mayor Jablin announced that Resolution 130, 2003 was a companion resolution to Resolution 212, 2003 and this was not a public hearing. Councilmember Russo moved approval of Resolution 130, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 223, 2003 — BallenIsles Temporary Sales Center Time Extension. A Resolution of the City Council of the City of Palm Beach Gardens, Florida an 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. The Deputy City Clerk read Resolution 223, 2003 by title only. Vice Mayor Sabatello stated he would step down because one of his companies was a builder in BallenIsles. Councilmember Russo stated he would also step down due to the fact that Vice Mayor Sabatello was his client. Planner Jackie Holloman presented the project. Anne Booth spoke on behalf of the petitioner. Attorney John Gary provided history and made comments on behalf of builders. Mayor Jablin declared the public hearing open, held on the intent of Resolution 223, 2003. Dr. Robert Davis spoke against extension. Roma Joseph, Chairman of Board of BallenIsles Community Association, commented staff for their work and stated their Board supported staff in denial of this project, and recommended a short-term extension. Bob Kaplan asked the City Council to uphold the original resolution. Joe Martalese, President of BallenIsles Community Association, stated their board was opposed to permitting the sales center. John Gary spoke again, indicating Dr. Davis had made comments that were incorrect. Resident Bernard Summers indicated his house was sold to him by a broker outside BallenIsles. Robert Freen commented on the number of units sold during the past year by BallenIsles sales staff and by outside brokers and requested the extension be granted. Growth Management Director Charles Wu clarified that the request also included making the sales center permanent. Linda Cassidy, representing a builder in BallenIsles, spoke against any changes during season, which she indicated would hurt sales. Len Saltzman, President of Concerned Homeowners of BallenIsles, repeated Mr. Wu's remarks about the developer request for a permanent sales center as well as an extension, and stated the developer sales office was the only one who could sell new homes in BallenIsles. Dr. Robert Davis advised the sales center was not within the gates of BallenIsles. Mayor Jablin declared the public hearing closed. Councilmember Delgado reported ex -parte communication with staff and several members of the community. Councilmember Clark reported ex -parte discussion with Roma Joseph and John Gary. Mayor Jablin reported ex -parte communications with the petitioner and several members of the community. Each member of the City Council expressed their desire that this be the final extension. Councilmember Clark made a motion to approve Resolution 223, 2003. Councilmember Delgado seconded the motion. The vote on the motion was 2 -1 with Mayor Jablin opposed. PART II — NON -QUASI JUDICIAL Ordinance 37, 2003 — Small Scale Land -Use Amendment for a portion of Parcel 31.04. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving a small scale land use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 6.416 acres, generally i CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 5 located at the Southeast corner of Central Boulevard and Hood Road, commonly referred to as "a portion of parcel 31.04 ", to change the land use designation from Mixed Use (MXD) land use designation to Residential High (RH) land use designation; and providing an effective date — for consideration of second reading and approval. The Deputy City Clerk read Ordinance 3 7, 2003 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 37, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion that Ordinance 37, 2003 be placed on second reading by title only and approved Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 38, 2003 — Small Scale Land -Use Amendment for a portion of Parcel 31B. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving a small scale land use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 3.42 acres, generally located at the Southeast corner of Central Boulevard and Hood Road, commonly referred to as "a portion of parcel 31 B ", to change the land use designation from Residential High (RH) land use designation to Mixed Use (MXD) land use designation; and providing an effective date — for consideration of second reading and approval. The Deputy City Clerk read Ordinance 38, 2003 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 3 8, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion that Ordinance 38, 2003 be placed on second reading by title only and approved Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 40, 2003 — City Code Amendment relating to Building Permit Fee Collection. An Ordinance of the City Council of the City of Palm Beach Gardens; Florida relating to building permit fee collection; amending Section 86 -26, Code of Ordinances entitled "Building Code Adopted; Permit Fees "; replacing Section 104.6.4 of the Florida Building Code entitled "Schedule of Permit Fees "; providing for codification; and providing an effective date — for consideration of second reading and approval. The Deputy City Clerk read Ordinance 40, 2003 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 40, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion that Ordinance 40, 2003 be placed on second reading by title only and approved Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 233, 2003 — Authorizing the collection of Non -ad Valorem Assessments. A Resolution of the City Council of the City of Palm Beach Gardens, Florida electing to use the uniform method of collecting Non -Ad Valorem Assessments levied within the incorporated area of the City for the construction of certain local improvements and for the maintenance of the Stormwater system; stating a need for such levy; providing for the mailing of this Resolution; and providing an effective date. The Deputy City Clerk read Resolution 233, 2003 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 233, 2003. Pat Hughey, Reed Drive, commented this Council had commented in the past there would not be an assessment for stormwater areas and asked what areas were considered for assessment. City Manager Ferris noted this was only an enabling motion and no areas had yet been considered for assessment; and clarified there would be public hearings if this went forward. Ms. Hughey stated she was against it. Hearing no further comments CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 6 from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion that Resolution 233, 2003 be approved Councilmember Delgado seconded the motion, which carried by 4 -1 vote with Councilmember Russo opposed. RESOLUTIONS: Resolution 209, 2003 - Agreement with Kislak National Bank to purchase 10 marked Police Vehicles. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the lease - financing of certain equipment pursuant to a master lease - purchase agreement with Kislak National Bank; providing for the payment of the lease payments; making certain other covenants and agreements in connection therewith; and providing an effective date. Staff presentation was made on Resolution 209, 2003, Resolution 229, 2003, and Resolution 230, 2003 by James Lund, Fleet Superintendent. Councilmember Clark moved approval of Resolution 209, 2003. Councilmember Delgado seconded the motion. Motion carried 4 -1 with Vice Mayor Sabatello opposed. Resolution 229, 2003 — Purchase award to Duval Ford for nineteen vehicles. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding contracts for the purchase of nineteen vehicles to Duval Ford, Don Reid Ford, Mike Davidson Ford, Gus Machado Ford, and Atlantic Truck Center via an existing contract with the Florida Sheriff s Association, Contract No. 03 -11 -0825; and providing an effective date. Councilmember Clark moved approval of Resolution 229, 2003. Councilmember Delgado seconded the motion. Motion carried 4 -1 with Vice Mayor Sabatello opposed. Resolution 230, 2003 — Purchase award to Nortax Equipment for one Tiger Slope mower. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract for the purchase of one slope mower to Nortrax Equipment via an existing contract with the State of Florida, Contract No. 765- 900- 21 -01; and providing an effective date. Councilmember Clark moved approval of Resolution 230, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 235, 2003 — Contract award to Murray Logan, Inc. for canal restoration services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract for the reconstruction of the Thompson River Canal to Murray Logan Construction, Inc.; and providing an effective date. City Engineer Todd Engle presented the project. Councilmember Clark moved approval of Resolution 235, 2003. Councilmember Delgado seconded the motion. Motion carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Mr. Wu explained Frenchman's Reserve had requested approval of new models to be done administratively which staff had not felt comfortable approving, and requested clarification as to whether the City Council wished staff to approve new models administratively. Direction was that staff could approve new models administratively or if uncomfortable to bring before City Council. Vice Mayor Sabatello suggested a shortened review process if possible. CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/18/03 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:05 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST: PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 29, 2003 Meeting Date: January 15, 2004 Resolution 1, 2004 Subject/Agenda Item: Downtown at the Gardens and Landmark Plat [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ N/A Council Action: (Total) Gro h Management [ ] Approved De ment I $ N/A [ ]Approved w/ Current FY conditions City Attorney UV � [ ]Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [X ] Other Resolution 238, 2003 City Engineer Memo Submitted by: X ] Not Required Judy A. Taylor Dye Assistant City Engineer Affected parties [X ] Notified Budget Acct. #: [ ] None Approved by: Ro City Man ger [ ] Not required Page 2 of 2 Date Prepared: December 29, 2003 Meeting Date: January 15, 2004 Resolution 1, 2004 STAFF RECOMMENDATION Staff recommends approval of Resolution 18, 2004. \\ pbgsfile \Attomey\attorney_share\AGENDA SUMMARY \downtown at the gardens plat.doe L b r INC, CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (772) 286 -3883 Fax (772) 286 -3925 www.lbfli.com MEMORANDUM TO: Patricia Snider -City Clerk FROM: Sean C. Donahue, PE DATE: January 6, 2004 FILE NO. 01 -4191 SUBJECT: Downtown at the Gardens and Landmark Plat We have completed our review of the plat for the referenced project prepared by Landmark Surveying & Mapping, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. Based on our review, we have no other engineering concerns with this plat. Therefore, we recommend its approval. SCDi \\PC\Proj ects\PBGMEMO \4191 \4191 zzp.doc 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 Date Prepared: December 29, 2003 RESOLUTION 1, 2004 A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE DOWNTOWN ATTHE GARDENS AND LANDMARK PLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Downtown at the Gardens and Landmark 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 the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Downtown at the Gardens and Landmark Plat consisting of four (4) sheets, prepared by Landmark Surveying & Mapping, Inc., attached hereto as Exhibit "A." 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 ATTEST: 10 11 12 BY:_ 13 14 15 Patricia Snider, City Clerk 16 APPROVED AS TO FORM AND 17 LEGAL SUFFICIENCY 18 19 20 BY: 21 Christine P. Tatum, City Attorney 22 23 24 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 \ \pbgsfile\Attorney \attorney share \RESOLUTIONS \PLAT - downtown at gardens boundary-reso 1 2004.doc day of Date Prepared: December 29, 2003 Resolution 1, 2004 .2004. CITY OF PALM BEACH GARDENS, FLORIDA ric Jablin, Mayor AYE NAY ABSENT 2 V1 Date Prepared: December 29, 2003 Resolution 18, 2004 EXHIBIT A DOWNTOWN AT THE GARDENS AND LANDMARK LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING A REPLAT OF REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA GARDENS AVENUE, AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A REPLAT OF WATER MANAGEMENT TRACT 3 -13 AND A PORTION OF PARCEL 27.13, REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3 -13, AS RECORDED IN PLAT BOOK 90, PAGES 199 THROUGH 201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SHEET I OF 4 MORTGAGEE'S CONSENT STATE OF DEDICATION AND RESERVATION CONTAINING 6339 ACRES, MORE OR LESS. HAS CAUSED THE BANE TO BE SURVEYED AND PLATTED AS BROWN HEREON AND DOES HEREBY DEDICATE AB FOLLOWS: {. EASEMENTS FDA SERIES PURPOSES AB SHOWN HEREON ARID DESIGNATED AS HL.E. ARE IEMY MUM TO SEACOAST UTILITY AUTIpDTT, IT SUCCESSORS AND /OR ASSIGNS. FOR NHTALLATMN, OPERATION AND MANTENAME OF SERIES FACILITIES. BAD LANDS ENCUMBERED BY BRIG BAN EASEMENTS BEING THE PERPETUAL MAINTENANCE aN10ATRIN or THE ONE, W OTHERS or THE FEE SIMPLE INTERMIT W SAID LAMS. TIER SUCCESSORS AND ASSIGN TRMOUT RECOLRBE TO THE CRY OF PAW BEACH GARDENS. B. THE WATER MANAGEMENT EASEMENT, AS SHOWN HEREON, 18 HEREBY DEDICATED TO NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR THE CONSTRUCTION. OPERATION. INSPECTION AND MAINTENANCE OF WATER MANAGEMENT FACILITIES. THE LANDS THEREIN AND THEREUNDER BEING THE PERPETUAL MAINTENANCE OBLIGATION OF DOWNTOWN AT THE GARDENS, LLC. ITS SUCCESSORS AND /OR ASSIGNS, WRMOUT RECOURSE TO BAD NORTHERN PALM BEACH COUNTY IMPROVEMENT DIST MY AND WITHOUT RECOURSE TO THE CRY OF PALM BEACH GARDENS. BAD NORTHERN PAW BEACH COURTY Tm?T IR DISTINCT SMALL HAVE THE RIDS, BUT HOT THE OBLIGATOR TO CONSTRUCT, OPERATE, INSPECT A" MANTAN WATER MANAGEMENT FACLRE8 WITHIN THESE EASEMENTS. E A 9011- E%CLUBNE EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTON OF THE PLAT COVERED BY PAVEMENT IS MUM DEDICATED TO SEACOAST MARY AUTHORITY. ITS SUCCESSORS Alp ASSIGNS, FOR ACCESS PIRBWEA ONLY, SAD LANDS TEND THE THE PERPETUAL MANTEMANCF DOMINATION OF DOWNTOTM AT THE GARDENS. LLC. ITS SUCCESSORS AND ASSIGNS. T. THE BUFFER EASEMENTS. A8 KNOWN XEREOK ARE HEREBY DEDICATED TO THE DOWNTOWN AT THE GARDENS. LLC., RB SUCCESSORS AND /OR ASSIGNS FOR BUFFER AND OTHER PURPOSES AND IS THE PERPETUAL MAINTENANCE OBLIGATION OF SAD LIMITED LIABILITY COMPANY. IT3 SUCCESSORS AND /OR ASSIGNS. WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. B. THE LAKE MAINTENANCE EASEMENT. AS SHOWN HEREON. 18 HEREBY RESERVED FOR DOWNTOWN AT THE GARDENS. L.L.C.. A FLORIDA LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND ASSIGNS. FOR ACCESS TO STORMWATER MANAGEMENT AND DRAINAGE FACILITIES LOCATED WITHIN THE ASSOCIATED WATER MANAGEMENT EASEMENT FOR PURPOSES OF PERFORMING AMY AND ALL MAINTENANCE ACTIVITIES PURSUANT TO THE MAINTENANCE OBLIGATION OF RAID LIMITED LIABILITY COMPANY. ITT SUCCESSORS AND ASSIGNS. WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS OR NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT. N W MOO WHEREOF. THE ABOVE -NAMED LIMITED LABILITY COMPANY HAS CAUSED HEBE PRESENTS TO BE SIGNED BY A8 MANAGING MEMBER. CRAIG L YENIN AND ITS CORPORATE REAL TO BE AFFl %ED HERETO BY ANp WITH THE AUTHORITY M ITS BOARD OF DM.T.RL THIS _ DAY OF SOW. DOWNTOWN AT THE GARDENS, LL.C. A FLORIDA UNTIED LIABILITY COMPANY LICENSED TO DO BUSINESS N FLORDL WRNEMS: BY: FORM NINE CRAM L MEHL MANNINO REEBOK WITNESS. DOWNTOWN AT THE GARDENS. LLG. FORMED KARL ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME PERSONALLY APPEARED CRAIG L MOON. WHO IS PERSONALLY KNOWN TO ME. AND WHO EXECUTED THE FOREGONG NBTRUMENT AS WNAOMO TRIGGER, OF DOWNTOWN AT THE GASOEM. LLD. AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT HE EXECUTER 6UCM pBT11Ul_ AB SUCH OFFlCER OF BAD LUSTED LIABDJTY COMPANY AND THAT SAD INSTRUMENT IS THE FREE ACT AND DEED UP SAM LIMITED -LIAML COMPANY. WRITW W HAKD AND OFFIOIAL SEAL TIES _SAY OF •OW. MY COMMBSION EXPIRES, NOTARY PUBLIC COMMISSION NO MORTGAGEE'S CONSENT --D MAME STATE aR COUNTY OF THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE MOLDER OF A MORTGAGE. UPON THE PROPERTY DESCRIED HEREON AND DOES HEREBY JON IN AND CONSENT TO THE DEDICATION OF THE LAND DESCRIBED 1N'AID DEDICATION BY THE OWNER THEREOF AND AGREES THAT ITS MORTGAGE WHICH 18 RECORDED IN OFFICIAL RECORD BOOK M5I1 AT PASS IS37 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SMALL BE SUBORDINATED TO THE DEDICATION SHOWN HEREON. IN WITHERS WHEREOF. THE SAID BANK HAS CAUSED THESE PRESENTS TO BE BONED BY ITS TMIB DAY OF . 2004 MMRERN COMRRMT SAM of SRRM FLORIDA MTNUSi Bn PRINTED MANE PRINTED MARKS, RIRIEsm TITLE: PRINT , SAME, L THE DRAINAGE EASEMENTS. AS SHOWN HEREON. ARE HEREBY DEDICATED TO DOWNTOWN AT TIKE GARDENS. L". US SUCCESSORS ANA /OR ASSIGNS. ACKNOWLEDGMENT STATE OF AND AM THE PERPETUAL MAINTENANCE REBPONBIBRJTY OF SAID LIMITED LIABILITY COMPANY. ITS SUCCESSORS AND /OR ASSIGNS WITHOUT COUNTY OF RECOURSE TO THE CRY OF PAW BEACH GARDENS. BEFORE ME PERSONALLY APPEARED WHO M PERSONALLY L THE PENEIIIAL ACCESS UNDER ARE NEARBY KNOWN TO ME OR MAB PRODUCED At IDENTIFICATION AND WHO EXECUTED THE FOREBOWG NSWUMENT AB OF P TO THE CRY OF PAW BEACH GARDENS FOR PUBLIC ACCESS AND UTILITY M GARDE S FOR SS AN UTILITY PURPOSES AND ARE THE PWETUAL MAINTENANCE OBLIGATION OF DOWNTOWN AT W SOUTHERN COIDNNTY BUN OF SOUTH FUORDL AND SEVERALLY ACINGREOBED TO AND BEFORE ME THAT ME EXECUTED SUCH INSTRUMENT AS BUCM OFFICER THE GARDENS. —C. ITS MCCESEORB AND ASSIGNS. WITHOUT RECOIMSE TO THE CITY OF PALM BEACH GARDENS AND THE NORTHERN PALM BEACH COUNTY OF SAID CORPORATION, AND THAT THE SEAL AFFIXED TO THE FOREGONG INSTRUMENT I8 THE CORPORATE SEAL OF BAD CORPORATION AND THAT IT IMPROVEMENT DISTRICT. TTRUCTRT9 WY BEPEMBTTm UPON PERPETUAL PUBLIC ACCE88 EABEMEMB AS WAS AFFIXED TO SAID INSTRUMENT BY DUE AND REGULAR CORPORATE AUTHORITY. AND THAT SAID INSTRUMENT 18 THE FREE ACT AND DEED APPROVED OR SRH PROM NOTES CONSENT By THE CRT OF PAW BEACH .P OF SAD CORPORATOR S. EASEMENTS FAR TAM PURPOSES RE SHOWN HEREON AND DESIGNATED AS WAX. WITNESS W NAM, AND OFFICIAL SEAL THIS DAY OF -INXW ARE MEMORY DEDICATED TO SEACOAST UTILITY AUTHORITY. ITS SAMESSORS AM /w "EOM FDA MSTALL KTOR OP TEN AID MAINTENANCE OF WATER FACBJTE8. MY COMMISSION COMM SAD LANDS ENCUMBERED BT SAID SAD EASEMENTS BEND THE PERPETUAL MANTOIANCE OBLIGATION OF THE ONE, RI DOWNS a THE FEE SIMPLE INTEREST NOTARY PUBLIC N ARM LANDS. TIER SUCCESSORS AND ASSIGNS WRHOVT RECOURSE TO TIE UTY OF PALM BEACH COMMMSDON NO PRINTED NAME COUNTY OF THE UNDERSIGNED HEREBY CERTIFIES THAT IT 18 THE HOLDER OF A MORTGAGE UPON THE PROPERTY DESCRIBED HEREON AND GOES HEREBY JON N AND CONSENT TO THE DEDICATAN OF THE LAND DESCRIBED N BAD pSIR ATION BY THE OWNER THEREOF An AGREES THAT ITS MORTGAGE WHICH IS RECORDED N OFFICIAL RECORD BOOK W039 AT PAGE 208 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SMALL BE DWe1WATED TO THE NGUYEN BDWN HI]Fe1L N WITNESS WHEREOF. THE SAID BANK HAS CAUSED THESE PRESENTS TO BE SIGNED BY RB THIS _DAY OF 2001. BANKATLANTIC WRITER PANTED NAME WRHTSN FROM NAME: ACKNOWLEDGMENT STATE OF COUNTY OF BEFORE ME PER80NALL APPEARED WHO 18 PERSONALLY DROWN TO ME OR HAS PRODUCED AS DENTFICATION, AND WHO EXECUTED THZ FOREGOING INSTRUMENT AS OF BANKATLANTIC. AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT HE /SHE EXECUTED SUCH INSTRUMENT AS SUCH OFFICER OF BAD CORPORATION. AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT 18 THE CORPORATE SEAL OF BAD CORPORATION AND THAT IT WAS AFFIXED TO SAID INSTRUE TIT BY DUE AND REGULAR CORPORATE AUTHORITY. AND THAT BAD INBTRUENT 18 THE FREE ACT AND DEED OF SAID CORPORATION. SIT SOW MAMA Alm OFFKULL REAL THe._OAY OF 2004. MY CORNING. EXPWO NOTARY PUBLIC MM0Wd1 NOs PRINTER am— NORTHERN PAW BEACH COWTY WRDVEYENT DISTRICT DFBCM) ACKNOWLEDGMENT STATE OF FLORID A COUNTY OF PALM BEACH THE NwT1ElIN PAW SUCH COUNTY IMPROVEMENT (TOMMY Ooatm) HEREBY ACCEPTS THE OENCATNW OF THE WATER MANAGEMENT EASEMENT AS KNOWN IEREN4 Alm (EERY ACKNOWLEDGES THAT SAD NATRDT MAB NO YANTENMICE OBLIGATION ON OR UNDER THE LAND OVER WHICH SAD EASEMENT LET. AND FURTHER ACKNOWLEDGES THAT THERE ARE NO OTHER DEDICATIONS TO NOR ARE ANY MANTpMNCE IETPONNBUTES BEING NCUMED BY SAID NPBCD ON THIS PLAT. W WITNESS WHEREOF. THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT (WBCM) HAS CAUSED THESE PRESENTS TO BE SIGNED BY M000 PMNRUR ITS PRESIDENT, BOARD OF SUPERVISORS. AND ATTEBTED BY O'WAL BARON JR. ITS SECRETARY. BOARD OF SUPERVISORS THE DAY OF ,UOOL NORTHERN PAW BEACH COUNTY IMPROVEMENT DISTRICT (KPBCD) O MEAL SU JR. SECRETARY OF BUP H000 P. UNRUH. PREBD , BOARD OF FRVISOR BORED OF SUPERVISOR TITLE CERTIFICATION STATE OF FLORIDA COUNTY OF PAW BEACH L A DULY LICENSED ATTORNEY N THE STATE Or FLORIDA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO THE HEREON DESCRIBED PROPERTY; THAT I FIND THE TITLE TO THE PROPERTY IS VESTED TO DOWNTOWN AT THE GARDENS. L.L.C. A FLORIDA LIMITED LIABILITY COMPANY LICENSED TO DO BUSINESS IN FLORIDA; THAT THE CURRENT TAKES HAVE BEEN PAID; THAT ALL MORTGAGES NOT SATISFIED NOR RELEASED OF RECORD NOR OTHERWISE TERMINATED BY LAW ARE SHOWN HEREON; AND THAT THERE ARE ENCUMBRANCES OF RECORD BUT THOSE ENCUMBRANCES DO NOT PROHIBIT THE CREATION OF THE SUBDIVISION DEPICTED TY THIS PLAT. DATD BY: FOR THE FIRM OF BOOME. CASEY. CNLIN. LUBITZ. MARTENS. MCBANE B O'CONNELL BIT M FLAGLER DRIVE WEST PALM BEACH, FL 83401 APPROVALS CITY OF PALM BEACH GARDENS COUNTY OF PALM BEACH, FLORIDA THIS PLAT 18 HEREBY APPROVED FOR RECORD THIS _DAY OF 20 W. BY: ERIC JABLIN. MAYOR ATTEST, PATRICIA ENDER, CITY CLERK THIS PLAT 18 HEREBY APPROVED FOR RECORD TRIM 20". DAY OF BY, DOWNTOWN AT THE DANIEL P. CLARK. P.E. GARDENS. L.L.C. CITY ENGINEER AREA TABULATION TRACT -V —78 ACRES 0 TRACT %. lee ACRES TOTAL 5339 ACRES VSHEET KEY MAP NOT TO SCALE SURVEYOR'S NOTES: L BUIWNG SETBACK LIKES SMALL BE AS REOUIRM BY ORMANCES OF THE CRT OF PALM BEACH GARDENS. Z. NO STRUCTURE OR BUILONG OR ANY KIND OF LANDSCAPING SMALL BE PLACED ON OR WRMN ANY EASEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF ALL EASEMENT BENEMIARES AND THE CRY ENGINEER FURTHER NO DULOWER. STRUCTURES OF ANY IOm. OR TNF PLANTRG Or TREES OR SHRUBS SMALL BE PLACED N DRAINAGE 8=8 UNLEBM SPECIFICALLY AUTHORIZED BY THE CRY Alm THE PROPERTY OWNER EXECUTES A REMOVAL AGREEMENT. L DE. DENOTES UTILITY UNESCO BE DENOTES NM MME EASEMENT LAX. DENOTES LIT STAMO EASEMENT PAM S� SUMMIT WDVm1E SUM (LB MN L V IuEDR2 ET HVeMIATR EFVpMT WON9m ILt afM) $MHO RAEMOM ®BT�i[mYE rt1W ®Ir HIN Pt DENOTES, PONT K SENSORS PJLL COMM NTS, 6 BEGMYMG A ROOM A DEMTES LENTS LISTEN ANNE L OEM11IS QRVE lal1Gi11 Q DEMOT's E CANTERLDE 118 OFlIORD NYNM S[WN Pa O OiG TU, PLAT S00X RB DER MIO davAL REME BEd( P8C GDIOTES PAW BEACH COIMT Pall DENOTES PRNEtNINAL 6MWEYOR AID YAPPpI w GDDTES BPmALL LYE CLWITE S SA YA LIKE EA E EASEMENT WJL DEMM WATER LIKE EASEMENT BLE DOIOTES SEWER LINE EASEMENT lit BDATEB MDm WBUIrr MMPANr CE OEMNEU MIAAEIE INGS r MR. DEMOTES MM PLAT B00N1 Pa MOTES BOOR PPAE DEIVI Ee PEMETUAL PI MEN ACCENT EASEMENT SA DEIWTEt PFDECOAS EUTDEff ORAL DENOTES COAST EASEMENT AVTIdiRY EABFJEHi BE DENOTES BUFFER E SUFFER Lae OENOiEB LANDSCAPE BUFFER EASEMENT O. ALL BEARIMB MOWN NOTED AB RADIAL HEREON ARE ASSUMED TO BE NON - RADIAL UNLESS B. BEARINGS AS KNOWN HEREON ARE BASED UPON THE SOUTHERLY L HAVING A VL�TTED BEARINGROF NORPAL F22'09 AST: AND ALroOTHE BEARMOS ARE RELATIVE THERETO. REVIEWING SURVEYOR STATE OF FLORIDA COUNTY OF PAW BEACH THIS PLAT MAO BEEN REVIEWED FOR CONFORMITY IN ACCORDANCE WITH CHAPTER ITT.041 OF THE FLORIDA STATUTES AND THE ORDINANCE$ OF THE CRY OF PALM BEACH GARDENS. THIS REVIEW DOES NOT INCLUDE THE VERIFICATION OF THE GEOMETRIC DATA OR THE FIELD VERIFICATION OF PERMANENT CONTROL POINTS AND MONUMENTS AT LOT CORNERS, 0. HOWARD DUKE& PROFESSIONAL SURVEYOR AND MAPPER LICENSE NO. LS 4838 SURVEYOR'S CERTFICATwN STATE OF FLORIDA COUNTY OF PAW BEACH I HEREBY CERTIFY THAT THE PLAT SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION AND 18 A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE UNDER MY RESPONSISLE DIRECTION AM SUPERVISION AND THAT SAID SURVEY 18 ACCURATE TO THE BEST OF MY KNOWLEDGE AND 9S, ,ve; THAT PERMANENT REFERENCE MONUMENTS FeAL'S) AND MONUMENTS ACCORONo TO CHAPTER ITT.091 IS). FLORIDA STATUTES. HAVE BEEN PLACED AM REQUIRED BY LAW AND FURTHER THAT THE PLAT AND SURVEY DATA COMPLIM WITH ALL THE REQUIREMENTS OF CHAPTER IT] FLORIDA STATUTES. AS AMENDED, AND ORDWARCES OF THE CRY Or PAW SUCH GARDENS. FLORIDA. wTD CRAIG E PUBEY STATE OF FLO SURVEYOR A RIMER STATE OF FLORIDA CERTIFICATE ING AND MA NA LB INC. LANDMARK HILL AND MAP NO. INC. 1850 WEST FOREST HILL BLVD. SUITE 100 WEST PAW BEACH FLORIDA 83108 CFITWIwIE OF AUTNODEATDN 1.8, B 1398 NOTICE, THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, 18 THE OFFICIAL DEPICTION OF THE SUBDIVIDED LAMB DESCRIBED HEREIN AND WILL IN NO CECUMSTANCE8 BE IMPLANTED IN AUTHORITY BY ANY OTHER GRAPMC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT REGORGED ON THIS PLAT THAT MAY BE FWND N THE PUBLIC RECORD: OF THI S COUNTY. THIS INSTRUMENT WAS PREPARED BY LESLIE BISPOTT. P.B.M. UNDER THE SUPERVISION OF CRAIG S. PUSSY, P.eAL OF LANDMARK SURVEYING AND MAPPING. INC. NOTARY II MORTGAGEE BANKATLANTIC 0 MORTGAGEE NOTARY NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT 0 MORTGAGEE SOUTHERN COMMUNITY BANK 0 LIKE MORTGAGEE NOTARY CITY OF PAW BEACH GARDENS 0 REVIEWING SURVEYOR 0 SURVEYOR 0 1 1 DOWNTOWN AT THE GARDENS AND LANDMARK LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING A REPLAT OF REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA GARDENS AVENUE, AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A REPLAT OF WATER MANAGEMENT TRACT 3-B AND A PORTION OF PARCEL 27.13, REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3-B, AS RECORDED IN PLAT BOOK 90, PAGES 199 THROUGH 201, PUBLIC RECORDS OF PALO BEACH COUNTY, FLORIDA. SHEET 2 OF 4 / �\ I� seorowvw3uae 1 1 I 1 I i I I ' 1 r o o m I I 11 1 1 I m ' Imtom 1 °I ° I lv II 1 11 p,1 14 I q q 1 1 1 gig 1 It z 1 PAGE--- II , , V , 1 , 11 ' C 21.81'TFJ.PORARY ROADWAY 1 1~ 11 1 1 I 11 I 1 11 1 } L04' \ 1, N 5w4" w , 11 V11 1 I \ \ 1 1\ 1 SIB 1 I I L7 �- w,MCORrd;n oFSECnONa TOWN910P138, MNGE43 E BO 0 80 lA 1a0 Scale 1" = 60' MATCH TO SHEET 3 TRACT "A" 4ate' 4e tdrr°br' O.Ra.1pBB), PAGE 1515 NORTHEALV RgMTdF WAY IINE OA AREA TABULATION (P.P.A.E.1©0(D R /��0w = 11.91 ACRES �rw F 9 Q = 2.32 ACRES Q = 0.55 ACRES ® = 0.33 ACRES Q = 0.92 ACRES © = 0.50 ACRES 8 = 0.54 ACRES I /'4 el I Im�/ I � a \ 6• �O A % 9 F 9 F [An OF RO80A ux)Y OF FALM M D FOR R0 DULY tECOtam M FLIT eOpK M0. �� e�1Y19' \ \\ � \\ / Cltlal OF M Olgll] CWRT MATCH TO SHEET 4 6Y 6` �— WATER MANAGEMENT EASEMENT / — s. V PAROELA(OAa. .PAGE I, I Iv R -33.00 P.PAE I e =73zspr v -Ir e so•,r1s• 22 �,� R51.W I f E n U fib` alb aG. n w a W�OI ��n1• �41T WlE. L 0 wtoAji5 i0 OP P 4( 11 L�]O0 1 aIm :aIDl \8� \I•�L_L.s3.n ',cL�,'oPy i ie e- la•lo'ae• o�'�L7"a '°`f4\ \ \ en?;`� / / rs.ssav t. �Ptpp�aw p/ w STO.3)9i6'W i "LV'\ i� / d =OB'zlM• 1�,pW"�i ( •� 000 P ...111 1J /0 / L- �1.at• yB" �- � \� '� ]0'TB'15E SB.BO ��9•i e1t�pW \. @mo.E yLEi i p.i� ,�$ e`ryotstisw °:,, \1' \`°P' \�' �'�� 1\�°'I��.t°�Sa• �:1�� "�� Py <� >} L= 10B.Tr• 5f1 \ + \'��, \� iY (r\ ��. 1\ TS.UA.E F$ _1� /' +.,f? ��I f. $ Sf \ J• O.R.0. 13611, PAGEBN�% ' r,]5' A�V � \!,e e^01•STli' ��� \ se L 5510 Rdt..00 �G ' `a �1 / / .\•. R= 11619' �n 11E �Q Q -. s:lrae'4a'w 'IP ? °' QH' 10 FPL EASEMENT ���``;� y m $�; 1 rao. :e•� �'� G�i�'p�+ ORB.BSBB,PAGE.7 2 1�0 o]•' y H )J 0ti6 \ \P.P � -� L.tsa. a0• 1.11 110 � 'Y4yo4,P'. da3=•32.4T 4 'Y6r. 6 ' 1y gOgt 9 � 5? Ol •' 3 >Al sla e R.�a)•d:y1�- L:350.�3• _� 'p',P �' 0��� © = 0.05 ACRES REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA GARDENS AVENUE, Q9 = 0.35 ACRES PLAT BOOK 94, PAGES 40 - 42 = 0.44 - ACRES TOTAL = 17.91 ACRES Lanarnarx aurveying to mapping Inc. 1850 Fotes Hill Boulevard PR. (567)433.5505 L 8 S# 700 W.P.B. Fbritle L8 # 4396 DOWNTOWN AT THE GARDENS ANDLANDMARK I /'4 el I Im�/ I � a \ 6• �O A % 9 F 9 F [An OF RO80A ux)Y OF FALM M D FOR R0 DULY tECOtam M FLIT eOpK M0. �� e�1Y19' \ \\ � \\ / Cltlal OF M Olgll] CWRT MATCH TO SHEET 4 6Y 6` �— WATER MANAGEMENT EASEMENT / — s. V PAROELA(OAa. .PAGE I, I Iv R -33.00 P.PAE I e =73zspr v -Ir e so•,r1s• 22 �,� R51.W I f E n U fib` alb aG. n w a W�OI ��n1• �41T WlE. L 0 wtoAji5 i0 OP P 4( 11 L�]O0 1 aIm :aIDl \8� \I•�L_L.s3.n ',cL�,'oPy i ie e- la•lo'ae• o�'�L7"a '°`f4\ \ \ en?;`� / / rs.ssav t. �Ptpp�aw p/ w STO.3)9i6'W i "LV'\ i� / d =OB'zlM• 1�,pW"�i ( •� 000 P ...111 1J /0 / L- �1.at• yB" �- � \� '� ]0'TB'15E SB.BO ��9•i e1t�pW \. @mo.E yLEi i p.i� ,�$ e`ryotstisw °:,, \1' \`°P' \�' �'�� 1\�°'I��.t°�Sa• �:1�� "�� Py <� >} L= 10B.Tr• 5f1 \ + \'��, \� iY (r\ ��. 1\ TS.UA.E F$ _1� /' +.,f? ��I f. $ Sf \ J• O.R.0. 13611, PAGEBN�% ' r,]5' A�V � \!,e e^01•STli' ��� \ se L 5510 Rdt..00 �G ' `a �1 / / .\•. R= 11619' �n 11E �Q Q -. s:lrae'4a'w 'IP ? °' QH' 10 FPL EASEMENT ���``;� y m $�; 1 rao. :e•� �'� G�i�'p�+ ORB.BSBB,PAGE.7 2 1�0 o]•' y H )J 0ti6 \ \P.P � -� L.tsa. a0• 1.11 110 � 'Y4yo4,P'. da3=•32.4T 4 'Y6r. 6 ' 1y gOgt 9 � 5? Ol •' 3 >Al sla e R.�a)•d:y1�- L:350.�3• _� 'p',P �' 0��� © = 0.05 ACRES REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA GARDENS AVENUE, Q9 = 0.35 ACRES PLAT BOOK 94, PAGES 40 - 42 = 0.44 - ACRES TOTAL = 17.91 ACRES Lanarnarx aurveying to mapping Inc. 1850 Fotes Hill Boulevard PR. (567)433.5505 L 8 S# 700 W.P.B. Fbritle L8 # 4396 DOWNTOWN AT THE GARDENS ANDLANDMARK wtoAji5 i0 OP P 4( 11 L�]O0 1 aIm :aIDl \8� \I•�L_L.s3.n ',cL�,'oPy i ie e- la•lo'ae• o�'�L7"a '°`f4\ \ \ en?;`� / / rs.ssav t. �Ptpp�aw p/ w STO.3)9i6'W i "LV'\ i� / d =OB'zlM• 1�,pW"�i ( •� 000 P ...111 1J /0 / L- �1.at• yB" �- � \� '� ]0'TB'15E SB.BO ��9•i e1t�pW \. @mo.E yLEi i p.i� ,�$ e`ryotstisw °:,, \1' \`°P' \�' �'�� 1\�°'I��.t°�Sa• �:1�� "�� Py <� >} L= 10B.Tr• 5f1 \ + \'��, \� iY (r\ ��. 1\ TS.UA.E F$ _1� /' +.,f? ��I f. $ Sf \ J• O.R.0. 13611, PAGEBN�% ' r,]5' A�V � \!,e e^01•STli' ��� \ se L 5510 Rdt..00 �G ' `a �1 / / .\•. R= 11619' �n 11E �Q Q -. s:lrae'4a'w 'IP ? °' QH' 10 FPL EASEMENT ���``;� y m $�; 1 rao. :e•� �'� G�i�'p�+ ORB.BSBB,PAGE.7 2 1�0 o]•' y H )J 0ti6 \ \P.P � -� L.tsa. a0• 1.11 110 � 'Y4yo4,P'. da3=•32.4T 4 'Y6r. 6 ' 1y gOgt 9 � 5? Ol •' 3 >Al sla e R.�a)•d:y1�- L:350.�3• _� 'p',P �' 0��� © = 0.05 ACRES REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA GARDENS AVENUE, Q9 = 0.35 ACRES PLAT BOOK 94, PAGES 40 - 42 = 0.44 - ACRES TOTAL = 17.91 ACRES Lanarnarx aurveying to mapping Inc. 1850 Fotes Hill Boulevard PR. (567)433.5505 L 8 S# 700 W.P.B. Fbritle L8 # 4396 DOWNTOWN AT THE GARDENS ANDLANDMARK © = 0.05 ACRES REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA GARDENS AVENUE, Q9 = 0.35 ACRES PLAT BOOK 94, PAGES 40 - 42 = 0.44 - ACRES TOTAL = 17.91 ACRES Lanarnarx aurveying to mapping Inc. 1850 Fotes Hill Boulevard PR. (567)433.5505 L 8 S# 700 W.P.B. Fbritle L8 # 4396 DOWNTOWN AT THE GARDENS ANDLANDMARK DOWNTOWN AT THE GARDENS AND LANDMARK LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, SHEET 4 ( PALM BEACH COUNTY, FLORIDA, BEING A REPLAT OF REGIONAL CENTER PARCELS 27.12, 27.14 AND f� I LAKE VICTORIA GARDENS AVENUE, AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A REPLAT OF WATER MANAGEMENT TRACT 3 -B AND A SHEET 2 PORTION OF PARCEL 27.13, REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3-B, AS RECORDED IN PLAT BOOK 90, PAGES 199 THROUGH 201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SHEET 3 OF 4 O oo P FPALAI as COUNTY OF FOR NOR01 LAE OFSEGTON & llLt MJIT 9M PLID FOR RECdO 4T- TOWNSHIPtl9,RAN0E19E _W1MN_04Y OPT LOL KEY MAP " " _ _ �_ 8 eM44'88•E Le60A0' 410 ALT RPCAOED N rui BOOK NL, NOT ToswE — ..— ..— ..- 1,— .. —.. —. cnRNex OFSELTIONa ucoRxERasECnoNe � B.BB'e•se •BS•sa•• ox °AM L= 33Y.4a • WROTNY x 9LIRlL TOWNSHIP09, RrWGE �3E TONTISHIP 438. PANGE49E _ � � � — 1 � -yE MIK 0/ iK cAWT COYLi G e NTA \' "18 t• °r BY 0 I 6z O Igl I 16AV ~� 0 $ E16 WLE �I I m p =30'03'20' L= 214.30• I y,YE ' /R=pi5 .07' - Ix I sue' N•sr•B,1>t. N g ` \ AREA. TABULATION (P.PA:E..1 �06) '� - SEE OE7AIL'A• 1 187 e��, 1Y L•LL s\ 11.97 ACRES 1 �.gg 400Bg d7 \•185 NM•O•Y L•t0.ffi ,L\ \\ P ��g rrO.Ee 10.4g8� Gq `P r> ® - 2.32 ACRES X8.08' Ci, �i,5 L -t559t A43W,B•m $$ \ •P'qE 74r N 538 S I S P• q.,BS,'az •�.� \ \ © / �lCiy `` © o.ss ACRES r Suw EASeMErtr R -540 25!00, 00'x' S / 18190 �SB.er q.�4\ \ / '[`� o; 4}y''� /}/ (q'�CW„•��AB(�� eO Q 0.33 ACRES OAB. 6970. PAGE BBB I L =18 .80'A- �i P.P.A.E Ng70',ry 35 EE 1" \ ` `d' / p- ��� "rOpfW \ Q = 0.92 ACRES 3087 _ x eCYa'00'+I IB4.0/ • -- - 5 ���AAA �O Q = 0.s0 ACRES _ s 4MI—E __ O Pf y R1° ' N 9ao3 uo.eeT —J ea,�rmo,'8Y M Trur • �� µ Y p' "/ IB.Bt' ©i x 38y7 %yl�P/ I J b.(e9� e•'yNW'BR �1S FP.L EASEMFM NI �6, •W �����.�y, 4Yy� ` "SS/ Q = 0.56 ACRES ��Ot �' R�19.B7 O.R.B. 6375, PAGE 17055 . I.^!!�„' / Ofr ,a49'"� ��` �S r� h� ® - 0.05 ACRES H I 1 1 x/ Ae• I6UY OI y .c YYf4 9 \aaAB \ s 0.35 ACRES _LI a• 16118' x00'OdOW9 81 // W �4/ 486'x°' I 5 n 81�•59171E NBO.00 OOt L168' of /' NTR 83SY86YW 180.70 �b'� % �� °F ® 0.44 ACRES 1 U+ III I Lrte3' eK0.00'00• L 4 9 Q,3 F.— EASEMENT S"1` .p`�,, TOTAL a 17.91 ACRES 4a �� III I eRy sr ­33. Y9 T �f x/j ORB. 6975, PAGE 1185 3S xE. J �� J� I we E �n o III 1 o 00 0 1 K/' 95T11Rf a w8� •s ei 11 / TRACT NA" O.RB S97L W 6, P�i,L ,m �•Yt. W Q III 6a OA0. 19311,PME2W � 2d\ 3I 4d I —�3� III I ¢.T �\k0 \B. A�0•IPIB' �\ p 8•Y Rv>e �L +a \ wAT w G Q W '< � III 1 w o Bo\ jZ3j e\ p�0e•6ou• �(��i a I�7N ZQ�; I'I 1 1YS.UA.E = 4• +i`�v.�� wzsr � $ r $ III I oxe.nw. PAGE naz z . �T.� eas•5mr C• Iz z FN�� III 1 � <,7e � LAI.B3 a a gl II I 'B7�• .� ` `� ^e zv o.E G o III I 4_ $ $I II I 4cg \ \`\� 1T s 11P GARDENS BLVD. 111 1 \ \ \ �N b'AStlTE B40'FROM PROPERLY $I I mSUAE 8 It f ue���\+$���` 4t� - oFiz FV'�EasEmExr E ,dd O.RL 10887. PAGE 151! 1 L O� \ \� S 88°!17E IF 1m.er $1 II Y s+ SS°142— R= 540.87. _ — Nm6aaw TRACT "A" ° 5 _ _ I II yp?"\a \� 6 •,y ��sAZ7 -_ sr ae _ �-- 1 -- GAE6375, _1m IA y I II I j n IH \e. N w� I it a IR If b91' TEMPORARY O ROPDWAY F i l II I I C h0 W 1 CONBTRUCII0N EA8EMEM I i II I I O.RB. 10887, PAGE 157[ I ii- -1 1 � 1,1 Ir Iu � .1 I I I SIGN E/SEMEIR II I I Im B9r4s4e sT7a. PAGE WB ILLu, w Rimer E= �: I �' I I�zA01•TEMPORAnr ROHDWAr CANSrxtIOiION EASEMENr 1 " 1 TTTCCC 1 oAa lmn. PAGE,sn Im' IIr09s 11 S .fie^ �I � � I I 1 ! 1 III 11 1 J �dA• I Az � : PA.A.E I 11 1 I I� •FQs°3p. % L, I I I ss L.E. N I L,— O.R.B.1]NI, PAGE 3B3 i a Yl /dgy 11 1 I I ili i i I DETAIL "A" I II i I I — (NOT TO BrwLEt 680.00OOYI214.BB' JAL MATCH TO SHEET 2 eo a e0 1. ,BO Scale 1" = 60' ) SHEET 3 SHEET 2 KEY MAP NOT TO SOME DOWNTOWN AT THE GARDENS AND LANDMARK LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, r PALM BEACH COUNTY, FLORIDA, BEING A REPLAT OF REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA GARDENS AVENUE, AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A REPLAT OF WATER MANAGEMENT TRACT 3-B AND A PORTION OF PARCEL 27.13, REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3-8, AS RECORDED IN PLAT BOOK 90, PAGES 199 THROUGH 201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SHEET 4 OF 4 MA ( UH TO SHEET 2 SEE DUAL 'B' R401 GARDENS BOULEVARD AREA TABULATION ( P.P.A.E. 100 0 T 1 _ )( �v 0 p p c m� A 50 -m �J- ;z S? z i )� m i e� GARDENS BOULEVARD ��W' (O.RB. bbTl, PAGE 96�) GARDENS PARKWAY (P.) L- �.ao•� �I �N e- ors�•w' ,� DETAIL "B" NOTTOSfAIE Scale 1"= 60' = 11.91 ACRES Q = 2.32 ACRES (2 ) = 0.55 ACRES ® = 0.33 ACRES Q = 0.92 ACRES © = 0.50 ACRES = 0.54 ACRES © = 0.05 ACRES Q9 = 0.35 ACRES 1� = 0.44 ACRES TOTAL = 17.91 ACRES 0 T 1 _ )( �v 0 p p c m� A 50 -m �J- ;z S? z i )� m i e� GARDENS BOULEVARD ��W' (O.RB. bbTl, PAGE 96�) GARDENS PARKWAY (P.) L- �.ao•� �I �N e- ors�•w' ,� DETAIL "B" NOTTOSfAIE Scale 1"= 60' CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 20, 2003 Meeting Date: January 15, 2004 Resolution 4, 2004 Subject /Agenda Item: Resolution 4, 2004: Elm Avenue Jurisdictional Transfer Consideration for approval: An agreement between the City of Palm Beach Gardens and the Florida Department of Transportation (FDOT) to authorize the jurisdictional transfer of Elm Avenue from FDOT to the City of Palm Beach Gardens. The applicable transfer area of Elm Avenue will be from the western boundary of Sabal Ridge Road to the eastern boundary of Military Trail. [X] Recommendation to APPROVE WITHOUT MODIFICATIONS OR CONDITIONS Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council Action: Growth Management: Principal Planner Talal Benothman, AICP Project A �� Costs: $ N/A Total [ ] Approved [ ] App. w/ conditions City Attomey D Manager ,V [ ] Denied Christine Tatum, Esq. Natalie Wong $ N/A [ ] Rec. approval Senior Planner Current FY [ ] Rec. app. w/ conds. Development Compliance [ ] Rec. Denial [X] Quasi - Judicial Funding Source: [ ] Continued to: N/A [ ] Legislative Bahareh Keshavarz, AICP [ ] Public Hearing [ ] Operating Growth Man ement "[I Advertised: Attachments: Director Date: [X] Other N/A • Resolution 4, 2004 Charles K. Wu, AICP Paper: • FDOT transfer agreement package [X] Not Required Budget Acct. #: • FDOT letter dated Ap�rovell By: NA December 5, 2003 • Location Map Affected parties: Cit a ger: • Map O [ ]Notified • Map O Road List Ronal M. Fe is [X] Not Required Date Prepared: December 20, 2003 Meeting Date: January 15, 2004 Resolution 4, 2004 Page 2 BACKGROUND Sabal Ridge is a residential development located on the west side of Military Trail, approximately 1/2 mile south of Hood Road. The community is accessed from Military Trail via Elm Avenue, the main and only access road into the development. For a number of years, the Sabal Ridge Condominium Association has been maintaining Elm Avenue despite the fact that the road has been under ownership of the Florida Department of Transportation (FDOT). The community has expressed its desire in acquiring the road under its private ownership. In order to assist in the acquisition of the road, the City has requested a jurisdictional transfer of the road from FDOT to the City of Palm Beach Gardens, so that the road can be eventually transferred back to the Sabal Ridge Condominium Association. The proposed agreement will allow for the jurisdictional transfer Elm Avenue from Sabal Ridge Circle to Military Trail. After the subject Resolution is adopted by the City Council, and the agreement is signed, the package will be sent to FDOT district office. The district office will send the package to the Secretary of the Florida Department of Transportation in Tallahassee. Upon Secretary Abreu's signature, the road will be officially transferred to the-City's jurisdiction, which in effect will make it a local road. A north/south extension of Elm Avenue is planned to be extended from Elm Avenue east /west to Hood Road. This north/south extension of Elm Avenue is designated as Road Number 14 on the City's Conceptual Thoroughfare Plan (Map 0), and as Elm Avenue extension to Hood Road on the Conceptual Thoroughfare Plan Roads list of the City's Comprehensive Plan. Please see attachments. STAFF RECOMMENDATION Staff recommends approval of Resolution 4, 2004. T Planning & Environmental Management Office Date: 9/30/02 Prepared By: Angela M. Acosta, F.R. Aleman & Associates, Inc. Checked By: Lucinda Cooke (954) 777 -4360 CITY OF PALM BEACH GARDENS CONCEPTUAL THOROUGHFARE PLAN ROADS 1. Burma Road extension to Northlake Boulevard Reliever. 2. Alternate AIA bypass (west of Alt. AIA) from RCA Boulevard to north of PGA Boulevard, connecting Military Trail turnout. 3. Gardens Boulevard from Alternate AIA to Prosperity Farms Road. 4. Flamingo Road from Prosperity Farms Road (Frenchman's Landing) to Hood 'Road/Alternate AIA. 5. Donald Ross Road extension from 69th Drive to Alexander Run/Jupiter Farms. 6. Alexander Run from Beeline Highway to future Donald Ross Road. 7. Coconut Boulevard extension from Northlake Boulevard to Beeline Highway. 8. Future 101 st Street from Seminole Pratt Whitney Road to Coconut Boulevard. 9. Shady Lakes extension to 117th Court North. 10. 117th Court North from Central Blvd. to Shady Lakes. 11. Hood Road protected as six -lane ultimate section (Turnpike east to Prosperity Farms Road). 12. Florida Boulevard from Lone Pine extension to Central Boulevard. 13. New facility midpoint of Donald Ross Road and Hood Road from Military Trail to west of Central Boulevard and north to Donald Ross Road. 14. Elm Avenue extension to Hood Road. 15. Right -of -Way for I95 /Central Boulevard Interchange. i� - Florida Department of Transportation JEB BUSH PLANNING AND ENVIRONMENTAL MANAGEMENT - DISTRICT 4 GOVERNOR 3400 West Commercial Blvd., Ft. Lauderdale, FL 33309 -3421 Telephone (954) 777 -4601 Fax (954) 777 -4671 Toll Free Number: 1- 866 - 336 -8435 December 5, 2003 Mr. Charles Wu, Growth Management Administrator Attn: Ms. Nancy Wong City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 -4698 Dear Mr. Willi: JOSE ABREU SECRETARY SUBJECT: Proposed Jurisdictional Transfer of Elm Avenue from FDOT to the City of Palm Beach Gardens Roadway Limits: From Sable Ridge Circle to SR -809 (Military Trail) Enclosed are three (3) copies of the proposed Transfer Agreement signed by District Secretary Chesser. The next step of the transfer process is the execution of this agreement by the City Commission. The Department will require a City Commission Resolution. The resolution authorizes the execution of the Transfer Agreement. This resolution must be attached to the finalized Transfer Agreement prior to submittal to FDOT Central Office. The resolution should include language that identifies the following items: Resolution number • Name of involved local governmental entity • Description and limits of the transfer • The City's request for the transfer • Purpose of the transfer • Authorization for the Mayor or City Administrator to sign the Transfer Agreement • Statement that the resolution authorizes the execution of the Transfer Agreement • and, the City recognizes and accepts the terms and conditions found therein • Date passed and adopted • Signatures Once executed, all originals (3) of the Transfer Agreement will be returned to the Department, together with two (2) originals or certified copies of the resolution authorizing the City to enter into and execute the Transfer Agreement. The transfer package is then forwarded to FDOT Secretary Abreu for final approval. Once executed by the Department, an original will be returned to the Town for its records. If you have any questions or suggestions please contact me at (954) 777 -4653 or email doug.ohara @dot.state.fl.us. Thank you for your attention in this matter. Zue r elg O'Hara - District Statistics Administrator @ JDO :jdo a cffyOF PBG -b - DEC 9 2003 j i Attachments:: D�i�ts File: 4350.17 r �^ www.dot.state.fl.uS ® RECYCLED PAPER 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: December 23, 2003 RESOLUTION 4, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE EXECUTION OF THE JURISDICTIONAL ROADWAY TRANSFER AGREEMENT TO ALLOW FOR THE TRANSFER OF ELM AVENUE FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO THE CITY OF PALM BEACH GARDENS, FROM THE WESTERN BOUNDARY OF SABAL RIDGE ROAD TO THE EASTERN BOUNDARY OF SR -809 (MILITARY TRAIL); PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 7, 1984, the City Council of the City of Palm Beach Gardens approved the Sabal Ridge residential development through Ordinance 10, 1984; and WHEREAS, the City has requested the transfer of Elm Avenue from the Florida Department of Transportation (FDOT) to the City of Palm Beach Gardens; and WHEREAS, the City has received the Roadway Transfer Agreement of Elm Avenue, and recognizes and accepts the terms and conditions found therein; and WHEREAS, such agreement has been prepared and is attached hereto; 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 City Council of the City of Palm Beach Gardens, Florida hereby authorizes the execution of the Roadway Transfer Agreement to allow for the jurisdictional transfer of Elm Avenue from the western boundary of Sabal Ridge Circle to the eastern boundary of SR -809 (Military Trail), and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. 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: December 23, 2003 Resolution 4, 2004 PASSED AND ADOPTED this day of , 2004. ATTEST: Aw 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 CITY OF PALM BEACH GARDENS, FLORIDA xw Eric Jablin, Mayor AYE NAY ABSENT \ \pbgsfile\Attorney\attorney_ share \RESOLUTIONS \transfer of elm avenue - reso 4 2004.doc 2 s FDOT /City of Palm Beach Gardens ROADWAY TRANSFER AGREEMENT for Elm Avenue from Sable Ridge Circle to SR -809 (Military Trail) THIS AGREEMENT, made and entered into this day of, 2003 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the City of Palm Beach Gardens, hereinafter called the CITY; WITNESSETH WHEREAS, the CITY, has requested the transfer of Elm Avenue to the CITY Road System, and this transfer is mutually agreed upon, between the CITY and the DEPARTMENT. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CITY and the DEPARTMENT agree as set forth below: This Agreement sets forth the terms and conditions under which the CITY and the DEPARTMENT will abide, commencing on the date of approval by the Department's Secretary. (a) The CITY accepts all responsibility for operation and maintenance of Elm Avenue. In addition to the roadbed, this agreement includes all curbs, culverts, bridges, and drainage structures within the right -of -way at the time of transfer. (b), The CITY shall be responsible for maintenance of public sidewalks, bike paths, and other ways in the right -of -way.. - (c) The CITY shall be responsible for the continuation of any existing landscaping agreements with private companies. (d) The DEPARTMENT gives up all right to the roadway, except as may be specified in this agreement. (e) It is agreed that all obligations of the DEPARTMENT, under any maintenance, or utility agreement or other such agreement, relating to Elm Avenue, shall be transferred at the same time and in the same manner as jurisdictional responsibility. (f) If there is evidence of historical or archaeological resources that could be adversely impacted after a transfer, the CITY agrees to maintain the resources in accordance with Cultural Resource Management coordinator recommendations. No evidence of historical or archaeological resources have been identified; however, the CITY agrees not to adversely affect any such resources if found after the transfer. t J Transfer Agreement Elm Ave. in City of Palm Beach Gardens (g) Existing deeds or right -of -way maps will be recorded, by the DEPARTMENT, in the public land records of Palm Beach County. If right -of -way maps do not exist, it is recommended that the DEPARTMENT make maps and file them for possible future use. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communication, representation, or agreements, either verbal or written, between the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. For communication purposes, the parties may be reached at the following addresses and phone numbers. Florida Department of Transportation J. Douglas O'Hara, Sr. Transportation Planner Planning and Environmental Management 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309 Telephone: (954) 777 -4601 City of Palm Beach Gardens Mr. Charles Wu, Growth Management Administrator City of Palm Beach Gardens 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 -4698 Telephone: (561) 799 -4100 Each party is an independent contractor and is not an agent of the other party. Nothing contained in this Agreement shall be construed to create any fiduciary relationship between the parties, during or after the performance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent of the other. No modification, amendment, or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Page 2 of 3 o� p Transfer Agreement Elm Ave. in City of Palm Beach Gardens If any part of the Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF CITY OF PALM BEACH GARDENS TRANSPORTATION BY: BY: Eric Jablin Rick Chesser, P.E. Mayor -City of Palm Beach Gardens District 4 Secretary APPROVED AS TO FORM APPROVED AS TO FORM City Attorney District Leg ounsel ATTEST: (SEAL) Notary ATTEST: Notary Page 3 of 3 1 Y'P BETH A WELCH MY COMMISSION # CC 903906 EXPIRES: March 10, 2004 RF .. Bonded Thru Notary Pub➢c Underwriters .4 FDOT /City of Palm Beach Gardens ROADWAY TRANSFER AGREEMENT for Elm Avenue from Sable Ridge Circle to SR -809 (Military Trail) THIS AGREEMENT, made and entered into this day of, 2003 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the City of Palm Beach Gardens, hereinafter called the CITY; WITNESSETH WHEREAS, the CITY, has requested the transfer of Elm Avenue to the CITY Road System, and this transfer is mutually agreed upon, between the CITY and the DEPARTMENT. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CITY and the DEPARTMENT agree as set forth below: This Agreement sets forth the terms and conditions under which the CITY and the DEPARTMENT will abide, commencing on the date of approval by the Department's Secretary. (a) The CITY accepts all responsibility for operation and maintenance of Elm Avenue. In addition to the roadbed, this agreement includes all curbs, culverts, bridges, and drainage structures within the right -of -way at the time of transfer. (b) The CITY shall be responsible for maintenance of public sidewalks, bike paths, and other ways in the right -of -way. (c) The CITY shall be responsible for the continuation of any existing landscaping agreements with private companies. (d) The DEPARTMENT gives up all right to the roadway, except as may be specified in this agreement. (e) It is agreed that all obligations of the DEPARTMENT, under any maintenance, or utility agreement or other such agreement, relating to Elm Avenue, shall be transferred at the same time and in the same manner as jurisdictional responsibility. (f) If there is evidence of historical or archaeological resources that could be adversely impacted after a transfer, the CITY agrees to maintain the resources in accordance with Cultural Resource Management coordinator recommendations. No evidence of historical or archaeological resources have been identified; however, the CITY agrees not to adversely affect any such resources if found after the transfer. Transfer Agreement Elm Ave. in City of Palm Beach Gardens (g) Existing deeds or right -of -way maps will be recorded, by the DEPARTMENT, in the public land records of Palm Beach County. If right -of -way maps do not exist, it is recommended that the DEPARTMENT make maps and file them for possible future use. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communication, representation, or agreements, either verbal or written, between the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. For communication purposes, the parties may be reached at the following addresses and phone numbers. Florida Department of Transportation J. Douglas O'Hara, Sr. Transportation Planner Planning and Environmental Management 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309 Telephone: (954) 777 -4601 City of Palm Beach Gardens Mr. Charles Wu, Growth Management Administrator City of Palm Beach Gardens 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 -4698 Telephone: (561) 799 -4100 Each party is an independent contractor and is not an agent of the other party. Nothing contained in this Agreement shall be construed to create any fiduciary relationship between the parties, during or after the performance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent of the other. No modification, amendment, or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Page 2 of 3 d Transfer Agreement Elm Ave. in City of Palm Beach Gardens If any part of the Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. CITY OF PALM BEACH GARDENS I Eric Jablin Mayor -City of Palm Beach Gardens APPROVED AS TO FORM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY:C�� Rick Chesser, P.E. District 4 Secretary APPROVED AS TO FORM City Attorney District 4 L Counsel ATTEST: (SEAL) Notary ATTEST: Notary 1�'�''• Page 3 of 3 BETH AWELCH _.: A MY COMMISSION # CC 903906 ��pi dR Bonded ThlruENotaryrPublicUUnd_ FDOT /City of Palm Beach Gardens ROADWAY TRANSFER AGREEMENT for Elm Avenue from Sable Ridge Circle to SR -809 (Military Trail) THIS AGREEMENT, made and entered into this day of, 2003 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the City of Palm Beach Gardens, hereinafter called the CITY; WITNESSETH WHEREAS, the CITY, has requested the transfer of Elm Avenue to the CITY Road System, and this transfer is mutually agreed upon, between the CITY and the DEPARTMENT. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, the receipt and. adequacy of which are hereby acknowledged, the CITY and the DEPARTMENT agree as set forth below: This Agreement sets forth the terms and conditions under which the CITY and the DEPARTMENT will abide, commencing on the date of approval by the Department's Secretary. (a) The CITY accepts all responsibility for operation and maintenance of Elm Avenue. In addition to the roadbed, this agreement includes all curbs, culverts, bridges, and drainage structures within the right -of -way at the time of transfer. (b) The CITY shall be responsible for maintenance of public sidewalks, bike paths, and other ways in the right -of -way. (c) The CITY shall be responsible for the continuation of any existing landscaping agreements with private companies. (d) The DEPARTMENT gives up all right to the roadway, except as may be specified in this agreement. (e) It is agreed that all obligations of the DEPARTMENT, under any maintenance, or utility agreement or other such agreement, relating to Elm Avenue, shall be transferred at the same time and in the same manner as jurisdictional responsibility. (f) If there is evidence of historical or archaeological resources that could be adversely impacted after a transfer, the CITY agrees to maintain the resources in accordance with Cultural Resource Management coordinator recommendations. No evidence of historical or archaeological resources have been identified; however, the CITY agrees not to adversely affect any such resources if found after the transfer. j* n Transfer Agreement Elm Ave. in City of Palm Beach Gardens (g) Existing deeds or right -of -way maps will be recorded, by the DEPARTMENT, in the public land records of Palm Beach County. If right -of -way maps do not exist, it is recommended that the DEPARTMENT make maps and file them for possible future use. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communication, representation, or agreements, either verbal or written, between the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. For communication purposes, the parties may be reached at the following addresses and phone numbers. Florida Department of Transportation J. Douglas O'Hara, Sr. Transportation Planner Planning and Environmental Management 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309 Telephone: (954) 777 -4601 City of Palm Beach Gardens Mr. Charles Wu, Growth Management Administrator City of Palm Beach Gardens 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 -4698 Telephone: (561) 799 -4100 Each party is an independent contractor and is not an agent of the other party. Nothing contained in this Agreement shall be construed to create any fiduciary relationship between the parties, during or after the performance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent of the other. No modification, amendment, or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Page 2 of 3 Transfer Agreement Elm Ave. in City of Palm Beach Gardens If any part of the Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. CITY OF PALM BEACH GARDENS V Eric Jablin Mayor -City of Palm Beach Gardens APPROVED AS TO FORM City Attorney ATTEST: (SEAL) Notary STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: PWIYZ2�41 Rick Chesser, P.E. District 4 Secretary APPROVED AS TO FORM ATTEST: �`��EAL� Notary Page 3 of 3 Nay MY COMME SS p� CC 903 ,. .R EXPIRES 908 : Ma 'O 200 Bonded Thru o Nta 4 ry Public Underwdters CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 11, 2003 Meeting Date: January 15, 2004 Resolution 5, 2004 Subject/Agenda Item: Frenchman's Reserve PCD — Plat E Subdivision Plat [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ N/A Council Action: (Total) Gr wth Management D rtment [ ] Approved $ N/A [ ]Approved w/ Current FY conditions City Attorney [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [X ] Other Resolution 5, 2004 City Engineer Memo Submitted by: C cam [ X ] Not Required Sean C. Donahue, P.E. Assistant City Engineer Affected parties [X ] Notified Budget Acct. #: [ ] None Approved by: Ron Ferris 6� City Mana er [ ] Not required Page 2 of 2 Date Prepared: December 11, 2003 Meeting Date: January 15, 2004 Resolution 5, 2004 STAFF RECOMMENDATION Staff recommends approval of Resolution 5, 2004. CADocuments and Settings \clevy \Local Settings \Temporary Internet Files \OLKB \4297n.doc b, hINC C CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (772) 286 -3883 Fax (772) 286 -3925 www.lbfh.com MEMORANDUM TO: Patricia Snider, City Clerk FROM: Judy A.T. Dye DATE: December 11, 2003 FILE NO. 03 -4297 SUBJECT: Frenchman's Reserve PCD — Plat E We have completed our review of the plat for the referenced project prepared by Bench Mark Land Surveying & Mapping, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. Based on our review, we have no other engineering concerns with this plat. Therefore, we recommend its approval. JATD /cpr C:\Documents and Settings\clevy \Local Settings \Temporary Internet Files \OLKB \4297m.doc 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: December 11, 2003 RESOLUTION 5, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE FRENCHMAN'S RESERVE PCD — PLAT E SUBDIVISION PLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Frenchman's Reserve PCD — Plat E 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 LDRs; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Frenchman's Reserve PCD — Plat E Subdivision Plat consisting of six (6) sheets dated November 2003, prepared by Bench Mark Land Surveying & Mapping, Inc., attached hereto as Exhibit "A." SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 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 PASSED AND ADOPTED this day of ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: December 11, 2003 Resolution 5, 2004 , 2004. CITY OF PALM BEACH GARDENS, FLORIDA M. Eric Jablin, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS \PLAT - frenchman's reserve plat e - reso 5 2004.doc 2 Date Prepared: December 11, 2003 Resolution 5, 2004 EXHIBIT A NOVEMBER 2003 FRENCHMAN'S RESERVE PCD - PLAT E SHEET 1 OF 6 BEING A REPLAT OF TRACT E, FRENCHMAN'S RESERVE PCD - PLAT ONE, AS RECORDED IN PLAT BOOK 92, PAGE 11, AND BEING A REPLAT OF PORTIONS OF TRACT OS2, FRENCHMAN'S RESERVE PCD -PLAT "D ", AS RECORDED IN PLAT BOOK 93, PAGE 123, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA, AND LYING IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA DEDICATION STATE OF FLORIDA ) ss COUNTY OF PALM BEACH ) KNOW ALL MEN BY THESE PRESENTS. THATBUIKS ESTATES LIMITED PARTNERSHIP AFLORIDA LIMITED PARTNERSHIP AHD FRENCHMAN'S RESERVE COUNTRY CLUB. INC., A FLORIDA NOT -FOR- PROFIT CORPORATION. OWNERS OF THE LAND SHOWN HEREON. BEING A REPLAT OF TRACT E FRENCHMANS RESERVE ROD - PUT ONE. RECORDED IN PI-AT BOOK 92, RAGE 11, AND BEING A REPLAT OF PRTIONS OF TRACT OS2. FRENCHMANS RESERVE PCD PLAT "D -. RECORDED IN PLAT BOOK M. PAGE 123. PUBLIC RECORDS PA' M BEACH COUNTY FLORIDA, AND LYING IN SECTION 31 TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY FLORIDA, AND BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT E. THENCE THE FOLLOWING TWENTY -SIX 126) COURSES ALONG THE BOUNDARY OF SAID TRACT E THENCE. NORTH 8)'IB31 "WEST, A DISTANCE OF 173.44 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 215.00 ;HEN AND OWHOSERADIUSF IS MAPS SOUTH POINT WESTERLY THROUGH N E L E TEAL ANGLE PDX 3 T OF C-. A DISTANCE A CURVE FEET TO THE POINT OF TANGENCY THENCE. SOUTH 06'30'08- WEST. A DISTANCE DF CURVE, FEET TO A NT R CURVATURE � A CURVE TO THE RIGHT HAVING A RADIUS OF 830!10 FEE T: (HENCE WESTERLY ALONG SAID CURVE, TH DISTANCE OF 110, FEE ANGLE OFT 16-00 DNA C A DISTANCE OF 233.91 EE ET TO THE END OF SAID CURVE: THENCE. SOUTH OB'tUS POINT WEST. 6 A DISTANCE OF 501FEETT, HPOINT UNACURVECONCAVENORTHERLYHAVINGA RADIUSOF6]500FEETANDWHOSE RADIUSPOINTBEAMS NORTH 12.3720 EAST, THENCE. WESTERLY H'WI SAID CURVE, THROUGH A CENTRAL ANGLE OF NT ON S", A DISTANCE OF 1743 FEET TO THE POINT OF TANGENCY. THENCE, NORTH) DIUS9'WEST,ADISTANCE OF28S FEET TO APOINTONACURVE CON SAID WESTERLY HAVING A RADIUS LH AND 25 FEET AND WHOSE RADIUS POINT DEAR$ SOUTH ND OF S WEST: THENCE. NORTHERLY ALONG SAID CURVE. THROUGH ACENTRAL AMEN OF ORTST,' DISTANCE OF DISTANCE TO THE ENO OF$ AID CURVE: THENCE. NORTH 83•CS2T EAST, A DISTANCE Of 48 81 27.E FEET; THENCE, NORTH 2T, A DISTANCE OF DISTANCE Of THENCE, , SOUTH NORTH 83'05'22- EAST. A DISTANCE O PO FEET: 140 SO THENCE. NORTH 22"31'30" WEST, A DISTANCE G 190.55 FEET; THENCE SOUTH BYSZ"2T' LVEST, A DISTANCE OF SS O FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIOS OF fi CENTRAL FEET AND WHOSE RADIUS POINT BEARS SOUTH To TH 3' WEST; THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH F 121 NAL ANGLE NC 12-1174% A DISTANCE T, 11042 FEET TO THE END OF $AID CURVE: THENCE, NORTH ,A DISTANCE EAST. A DISTANCE OF 121 M FEED THENCE. NORTH 13'A CU EAST, A DISTANCE OF 256.31 FEET: OF THENCE. OZ00 FEE 1 TENCE, NORTHERLY ALONG SAID CURVE. VE TOROUGH A CE HTN LANGLE OF OVS-.A THE LEFT HAVING FEET OF 2015.00 FEET: THENCE, NORTHERLY ALONG SAID CURVE. THROUGH A CENTRAL FEET ANGLE OF EPCIRT, A DISTANCE 01 243,22 FEET TO THE POINT HA TANGENCY'; THENCE. NORTH THEM FAST. A DISTANCE OF 212.18 FEET TO THE POINT OF ENT A L AN OF A CURVE TO THE RIGA HAVING A RADIUS OF 23000 FEET: THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF E, SOU I", 1 DISTANCE OF 324.91 FEET TO THE POINT OF TANGENCY; THENCE. NORTH 86'52' TA EAST, A DISTANCE : T 65 20 FEET, THENCE SOUTH A GET 2' WEST. 4.32 FE Er OF67229 FEET:THENCESOUTH 1DISTANEAST.ApSTANCE OF 299.02FEET; TIERCE, SOUTH 19'0204 EAST . A VING A H D 16.32 FEET: THENCE, NORTH 29 RADIUS EAST, A DISTANCE OF 16482 FEET ARIA POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS R 718 97 FEET AND 21r. A RADIUS POINT BEARS SOUTH HE EN' EAST: THENCE. AND TO ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF ADIOS O A DISTANCE FEET OF 138.55 FEET IU THE END OF SAID CURVE AND TO A POINT ON A CURVE CONCAVE NORTHERLY HAVING A NGTHE BO 5G0.00 FEET AND IC WHOSE RADIO$ POINT BEARS NORTH IDVt'S' EAST: THENCE. EASTERLY ALONG SAIDCURVE AND DEPARTING THEBOUNDARY OFSAIDT AS E. THROUGHA CENTRAL ANGLETH THENCE. S'.ADISTANCE OFREFS 15 FEET TO THE END FE SAID CURVE; THENCE. NORTH 80"2 OF EAST. A DISTANCE OF NT 325 AL FEET': THENCE, SOUTH CLIR 2T WEST, A SOUTHERLY DISTANCE OF 1034 FEET DI A POINT ON THE BOUNDARY OF SAID TRACT E: SAID POINT 11.1 BEING A POINT NC q CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 110.47 FEET MID WHOSE RADIUS POINT BEARS SOUTH 11`15'01' WEBS; THENCE. EASTERLY ALONG ENO CURVEANDALONGTHE,SOUT D'1 SAID TRACT E. THROUGH A CENTRALANGLE OFID TROT ADISTANCEOF OF FEET TOTHE END PO SAID CURVE, THENCE. SOUTH 02'10'2]' WEST. ALONG THE EAST BOUNDARY OF SAID TRACT E A DISTANCE OF 668.59 FEET TO THE POINT Of BEGINNING. N . ) r N /SHEET60F6\ j DONALD 0.0S5 0.D. ;\ I JJ/ 3 , f RING T sH 1'sx�Eri 'tip LOCATION MAP (NOT TO SCALE) SHEET INDEX (NOT TO SCALE) IN WITNESS WHEREOF, SINKS ESTATES LIMITED PARTNER SHIP. A FLORIDA UMETED PARTNERSHIP HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS GENERAL PARTNER TOLL FL GP CORP., A FLORIDA CORPORATION, AND ITS CORPORATE SEAL TO BE AFFIXED HERET O BY ANDWITH THE AUTHORITY OF ITS BOARD OF DIRECTORS THIS RAYOF 2E]. Litt OF PALM BEACH GARDENS ) SINKS ESTATES LIMITED PARTNERSHIP THIS PLAT IS HEREBY APPROVED FOR RECORD THIS DAY OF A FLORIDA LIMITED PARTNERSHIP BV: E RIC JA6LIN. MAYOR ATTEST: PATRIC IA SNIDER, CRY CLERK IdV�Y: TOLL FL GP CC RP AFlOR R�A(NPV LS GENERgL PARTNER ' LVITNESS:C� /lG -�. -'? BY:C � "�� ✓ N %�� (PRINTEDNAME:) T•E� oY2uuir� _ - MICHAEL P NNELLY. VI i CE RESIDEu .4 n WITNES L- 5: TALI (2b.C(hlLU -• 205 (PRINTED NAME.) ti .FO4 SQECI IC � CONTAINING'. 42.53 ACRES. MORE OR LESS, ACKNOWLEDGMENT NAVE CAUSED THE SAME TO M SURVEYED AND PLATTED, AND DO HEREBY MAKE THE FOLLOWING DEDICATIONS ANDADR RESERVATIONS: STATE OF FLORIDA ) 1. ILLCT 'q AS SHOW HEREON. IS HEREBY DEDICATED TO THE FRENCHMAN'S RESERVE MASTER PROPERTY OWNERS ASSOCIATION. INC., A FLCFIOA CORPORATION NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS, FOR PRIVATE STREET, DRAINAGE. UTLITY AND OTHER PROPER PURPOSES NOT INCONSISTENT WITH THIS DEDICATION AM IS THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION, ITS SUCCESSORS AND ASSIGNS. WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 2. A NONEXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER TRACT -A' IS HEREBY OEOICATED TO SEACOAST UTILITY AUTHORITY ITS SUCCESSORS AND ASSIGNS FOR ACCESS PURPOSES ONLY. SAID LAND BEING THE PERPETUAL MAINTENANCE ORLGATION OF THE FRENCH EARNS RESERVE MASTER PROPERTY OWNERS ASSOCIATION, INC.. A FLORIDA CORPORATION NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS A NOW EASEMENT ON OVER AND UNDER TRACT 'A' IS HEREBY DEDICATED TO SEACOAST UTILITY AUTHORITY, ITS SUCCESSORS AND ASSIGN FOR INSTALLATION, OPERATION AND MAINTENANCE OF WATER ANC SEWER FACILITIES, AND NO ADOVE GROUND UTILITIES OR APPURTENANCES THERETO ARE TO GE CONSTRUCTED THAT WOULD OBSTRUCT OR PREVENT ACCESS OVER TRACL A, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 4. TRACT -Gr AND TRACT 'G2'. AS SHOWN HEREON. ARE HEREBY DEDICATED TO, AND RESERVED BY, FRENCHMANE RESERVE COUNTRY CLUB. INC , ITS SUCCESSORS AND AS51GNS. FOR OPEN SPACE AND GOLF COURSE PURPOSES, S. THE PRIVATE WATER AND SEWER EASEMENTS INNS E). AS SHOWN HEREON. ARE HEREBY DEDICATED TO SEACOAST UTILITY AUTHORITY FOR THE PURPOSE OF INSTALLING. MAINTAINING AND REPAIRING WATER AND SEWER FACILITIES WITHIN THE AREAS DESIGNATED ON THE PLAT AS 15 W S.E AND 2D* W E. AND NO RIGHTS OF THE PUBLIC ARE CREA TEO BY THIS EASEMENT. D. THE UTILITY EASEMENTS (IOC. E.), AS SHOWN HEREON AND DESIGNATED AS ID U . ARE HEREBY DEDICATED IN PERPETUITY TO ALL GOVERNMENTAL ENTITIES AND PUBLIC UTILITIES WITH THE RIGHT TO ENTER THE PROPERTY HEREIN DESCRIBED TO INSTALL. OPERATE A MAINTAIN THEIR RESPECTIVE UTILITY FACILITIES, THE INSTALLATION OF CABLE TELEVISION SYSTEMS SHALL NOT INTERFERE WITH THE INSTALLATION. OPERATION ANDIOR MAINTENANCE OF OTHER UTILITY FACILITIES. J. THE DRAINAGE EASEMENTS AS SHOWN HEREON ARE HEREBY DEDICATED IN PERPETUITY TO THE FRENLHMANS RESERVE MASTER PROPERTY OWNERS ASSOCIATION, INC. A FLORIDA CORPORATION NOT FOR PROFIT. ITS SUCCESSORS AND ASSIGNS. FOR DRAINAGE PURPOSES. THE MAINTENANCE OF ALL DRAINAGE FACILITIES LOCATED THEREIN SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION. INC.. ITS SUCCESSORS AND ASSIGNS. WITHOUT RECOURSE TO THE CITY OF PALM REACH GARDENS. B. THE CITY OF PALM BEACH GARDENS SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO MAINTAIN ANY PORTION OF THE DRAINAGE SYSTEM ENCOMPASSED BY THIS PI-AT WHICH IS ASSOCIATED WITH THE DRAINAGE R PUBLIC STREETS. INCLUDING THE RIGHT TO UTILIZE FOR PROPER PURPOSES ANY AND ALL DRAINAGE EASEMENTS. IAHE MAINTENANCE EASEMENTS. WATER MANAGEMENT EASEMENTS AND PRIVATE STREETS ASSOGATED WITH SAID DRAINAGE SYSTEM. 9. TRACT'L -I" AND TRACT'L -T, A$ SHOWN HEREON. ARE HEREBY GEOCATED TO THE FRENCHVAN'5 RESERVE MASTER PROPERTY OWNERS ASSOCIATION. INC.. A FLORIDA CORPORATION NOT FOR PROFIT. ITS SUCCESSORS AND ASSIGNS. FOR WATER MANAGEMENT AND DRAINAGE PURPOSES AND ARE THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION. ITS SUCCESSORS ANS ASSIGN$. WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS, 10. A WATER MANAGEMENT EASEMENT OVER ALL OF TRACT'S 1" AND TRACT -G2" IS HERESY DEDICATED TO THE FRENCHMANS RESERVE MASTER FROPERTY OWNERS ASSOCIATION, INC.. A FLORICA CORPORATION NOT FOR PROFIT. ITS SUCCESSORS AND ASSIGNS. FOR THE CONSTRUCTION. OPERATION, INSPECTION AND MAINTENANCE OF WATER MANAGEMENT FACILITIES, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS, 11 THE LANE MAINTENANCE EASEMENTS LLA E.). AS SHOWN HEREON, ARE HEREBY DEDICATED TO THE FRENCHMAN'S RESERVE MASTER PROPERTY OWNERS ASSOCIATION. INC., ITS SUCCESSORS AND ASSIGNS. FOR ACCESS TO AND FROM WATER MANAGEMENT AND DRAINAGE FACILITIES LOCATED WITHIN ME ASSOCIATED WATER MANAGEMENT TRACTS FOR PURPOSES OF PE AI NFORMING ANY AND ALL MAINTENANCE ACTIVITIES PURSUANT TO THE MAINTENANCE OBLIGATION OF SAID ASSOCIATION. ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. IZ THE LANDSFAPE BUFFER EASEMENTS N.B.E3, AS SHOWN HEREON. ARE HEREBY DEDICATED TO THE FRENCHMANS RESERVE MASTER PROPERTY OWNERS ASSOCIATION. INC.. ITS SUCCESSOR$ AM ASSIGNS, FOR LANDSCAPING AND BUFFER PURPOSES AND ARE THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION, ITS SUCCESSORS AND ASSIGNS. WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 5S COUNTY OF PALM BEACH ) BEFORE ME PERSONALLY APPEARED MICHAEL DONNELLY, WHO IS_PERSONALLY KNOWN TO ME. OR HAS PROOIICED -' - -- . AS IOENTIFICATON; AM WHO EXECUTED THE FOREGOING INSTRUMENT AS -VICE PRESIDENT OP TOLL FL GP CORP.. A FLORIDA CORPORATION. AS GENERAL PARTNER ON BEHALF OF RINKS ESTATES UMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT HE EXECUTED SUCH INST101MENT AS SUCH OFFICER OF SAID CORPORATION, AND THAT THE SEAL AFFIXED TO THE FOP.EGOIN , INSTRUMENT IS THE CORPORATE SEAL OF SAID CORPORATION AND THAT IT WAS AFFIXED TO SAID INSTRUMENT BY DUE AND REGULAR CORPORATE AUTHORITY, AND THAT SAID INSTRUMENT IS THE FREE ACT AND GEED OF SAID CORPORATION, AS GENERAL PAN MIN ON BEHALF OF SAID PARTNERSHIP. WITNESS MY HAND AND OFFICIAL SEAL THIS_Llgg_n y DAYOF iL4O! VP1heY MY COMMISSION EXPIRES dMe .:. 2007 BY; ,1S5E A L m ~ T,RYPULL PRINTED NAME: -C .• EGU 6acc C. l ) l 'NtAlk,�:iLd IN WITNESS WHEREOF, FRENCHMAN'S RESERVE COUNTY CLUB. INC.. A FLORIDA NOT - FOR - PROFIT CORPORATION, HAS CAUSED THERE PRESENTS TO BE SIGNED BY ITS PRESIDENT AND ITS In CNR TE SEAL TO M AFFIXED HERETO BY AND WITH THE AUTHORITY OFITSDOARDOFDIRECTORS. THIS I9T DAY OF NOJ<Fr1YYI .200). FRENCHMAN'S RESERVE CO kY CLUB INC. AFLORIGANOrfON.PROFII'G O /ION WITNESS. BY IPRINTEONAME.) VATNESSU Ylll r- IYL:A:1 iL N: L C' IFIRINTEDNAME:) F' .�'CVN� �ACLI -KFJ1 ACKNOWLEDGMENT STATEOFFLOUQA 1 SS COUNTY OF PALM BEACH 1 BEFORE ME PERSONALLYAFFS,YMO tN1J g 4X)1 \T1e )ICJ ,`?LT O IS PERSONALLY KNOWN TO ME. OR HAS PROWLED AS IDENTIFICATION, rWD WHO E ELUTED THE FOR INEGO G INSTRUMEI�`F AS PRESIDENT OF FRENCHMAN'S RESERVE COUNTRY CLU3. INC., A FLORIDA NOT - FOR - PROFIT LORPoRATION. ANO SEVERALLY ACKNOWLEDGED i0 ANp BEFORE ME THAT HE EXECUTED SUCH INSTRUMENT AS SUCH OFFICER OF SAIL) CORPORATION. AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE CORPONATE SEAL OF SAID CORPORATION AND THAT IT WAS AFFIXED TO SAID INSTRUMENT BY DUE AND REGULAR CORPORATE AUTHORITY. AND THAT SAID INSTRUMENT IS THE `FREE ACT AND DEED OF SAID COIj('„ {ORATION. WITNESS MY HAND ANDOFFICIALSEAL THIS _Ki DAY -D1F_t\blfmh'+Y F9•'M•.T:"4WnW MYCOMMISSION EXPER.0oM_) 2nOI BY T.�/111 UVLFi SEAL - f�yt�'�O• NOTARCCY�P,UBLIC` PRINTED NAME: F. FTAAj �,LCCI W1TI1 `d lEtl AREA SUMMARY TRACT -A" 21IAIRES IRACT-GI' 67-RES ACRES OUST TJ ACRES RACT 115 TRACT LOTSHSiIi ACRES 1s:0 .CRS iOTAt 12 CITES STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) THIS PLAT WAS FILED FOR RECORD AT ,THIS_ DAY OF zam. AND DULY RECORDED IN PLAT ROCK NO. __ _ ON PAGES DOROTHY WILKEN CLERK OF THE CIRCUIT COUNT SURVEYOR'S NOTES: 1, BUILDING SETBACKS SHALL CONFORM TO THE CURRENT CITY OF PALM BEACH GARDENS ZONING CODE 2. NO BUILDINGS. IMPROVEMENTS OF ANY KIND. TREES OR SHRUBS SHALL BE PLACED ON ANY EASEMENT WITHOUT PRIOR WRITTEN APPROVAL OF ALL EASEMENT BENEFICIARIES AND ALL APPLICABLE CITY OR COUNTY APPROVALS OR PERMITS AS REOUIRED FOR SUCH ENCROACHMENTS. 3. IN THOSE CASES WHERE EASEMENTS OF DIFFERENT TYPES CROSS OR OTHERWISE COINCIDE, DRAINAGE EASEMENTS SHALL HAVE FIRST PRIORITY, UTILITY EASEMENTS SHALL HAVE SECOND PRIORITY, ACCESS EASEMENTS SHALL HAVE THIRD FRORITY, AND ALL OTHER EASEMENTS SHALL BE SUBORDINATE TO THESE WITH THEIR PRIORITIES BEING DETERMINED BY USE RIGHTS GRANTED. A. THE SASE SEARING, AS SHOWN HEREON. IS SOUTH 02'10'2T WEST ALONG THE EAST LINE OF TRACT E. FRENCHMAN'S RESERVE PCD - PLAT ONE, RECORDED IN PLAT BOOK U). PAGE 11, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA TITLE CERTIFICATION: STATEOFFLORIDA ) S$ COUNTY OF PALM BEACH I I. DAVID M. LAYMAN, A DULY LfCENSED ATTORNEY IN THE STATE OF FLORIDA DO HERESY CERTIFY THAT I HAVE EXAMINED THE TITLE TO THE HEREON DESCRIBED PROPERTY. THAT I FIND THE TITLE TO THE PROPERTY IS VESTED TO BI NKS ESTATES LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP, AND TO FRENCHMAN "5 RESERVE COUNTRY CLUB, INC.. A FLORIDA NOT - FOR - PROFT CORPORATION; THAT THE CURRENT TAXES HAVE BEEN PAID. AND THAT THERE ARE NO MORTGAGES OF RECORD AND THAT THERE ARE ENCUMBRANCES OF RECORD, BUT THOSE ENCUMBRANCES GO NOT PROHIBIT THE CREATION OF THE SUBDIVISION CREATED BY THIS PUT. � ` DATE:�J ....- V OA MA GREENBERG TRA'UPID, P.A. FLORIDA BAR NO. 02946]0 CITY APPROVAL: STATE OF FLORIDA 1 SS COUNTY OF PgL1A B'cACM ) S$ Litt OF PALM BEACH GARDENS ) THIS PLAT IS HEREBY APPROVED FOR RECORD THIS DAY OF . 253. BV: E RIC JA6LIN. MAYOR ATTEST: PATRIC IA SNIDER, CRY CLERK CITY ENGINEER: C THIS PLAT IS HEREBY ACCEPTED FOR RECORD THIS DAY OF 205 BV' DANIEL P. CUR!( P . -CRY ENGINEER CERTIFICATE OF REVIEW: THIS PUT WAS REVIEWED FOR CONFORMITY IN ACCORDANCE WITH CHAPTER 177U51 (I) OF THE FLORIDA STATUTES AND THE ORDINANCES OF THE CITY OF PALM BEACH GARDENS. THIS REVIEW DOES NOT INCLUDE THE VERIFICATION OF 1 G'OMETRIC DATA OR THE FIELD VERIFICATION OF THE, PERMANENT CONTROL POINT C'S),OR I M qT LOT CORNEflS. �Iy �/�w SEAL OY: DATE. O.OFESSIDDUKES PROFESSIONAL SURVEYOR AND MAPPER LICENSE NO. 15]7 RVEYO- IFNFICATION: IHEREBY CERTIFY. THAT THE III SHOWN HEREON IS A TRUE AND CORRECT REPRESENTATON OF A SURVEY AND PLAT MADE NOTICE: a BENCH MARK UNDER MY RESPONSIBLE DIRECTION AND SUPERVISION; THAT SAID WRWY AND PUT ARE ACCURATE TO THE BEST OF MY TH R9 DRAFNIL FORM, S THE OFFICML OEPICTroN OF THE SEAL SEAL KNOWLEDGE AND BELIEF; THAT PERMANENT REFERENCE MONUMENTS 1P RAPS) HAVE BEEN PLACED AS REOUIRED BY LAW'. SUBSNVIDED LANDBR NSCFUMD HEREIN AND WILL IN NO COKSUMSTANCE9 BE AND THAT PERMANENTCONTROL POINTS (PC P.'SIANOMONUMENTS ACCORONG TO CHAPTER 1]'09119). FLORIDA STATUTES, SUPPLANTED W AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. PENCHMAN 5 SEAL WILL BE SET UNDER THE GUARANTEES POSTED WITH THE CITY OP PALM BEACH GARDENS FOR THE REQUIRED IMPROVE- THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS FLAT LAND SURVEYING & MAPPING, INC. TOLL FL GP RESERVE COUNTRY WN.0. MENTS: AM FURTHER THAT THIS PUT AND THE SURVEY DATA COMRLIES WITH ALL THE REQUIREMENTS OF CHAPTER 1]), THAT MAY BE FOUNO W THE PUBLIC RECORDS OF THIS COUNTY. 4152 W. BLUE HERON BLVD. SUITE 121 CORP. CAB. INC. VAR CAYPfN FLORIN STATU ES, AS AMENpED, AND THE ORDINAN CES.OF THE CITY PALM BEACH GARDENS. P.$ M. 2421 19 C 1 ����� THS INSTRUWENT WAS PREPARED BY WM. R VAN CAMPEN, P.B.M. 2424 W AND FOR THE 1 P RIVIERA BEACH, FLORIDA 33404 BY 1, OATEDTM$�DAV OF lVf �eL`_Q 2003. BOULEVARD. SURE 121. RIVIERABEACH.FLRID4."PINQ INC.. 4162 WEST BLUE HERON PHONE: 1561) 848.2102 FAX:(561)BW -9659 L.B. NO. 21)1 WM A, VAN CAMPER, P.S.M. 1 EMAIL: bmRmQaol.com WEB: http:I /membera.eol.eomODmlem NOVEMBER 2003 FRENCHMAN'S RESERVE PCD - PLAT E SHEET 2 OF 6 BEING A REPLAT OF TRACT E, FRENCHMAN'S RESERVE PCO - PLAT ONE, AS RECORDED IN PLAT BOOK 92, PAGE 11, AND BEING A REPLAT OF PORTIONS OF TRACT OS2, FRENCHMAN'S RESERVE PCD - PLAT "D ", AS RECORDED IN PLAT BOOK 93, PAGE 123, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA, ANDLYING IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA ) ss COUNTY OF PALM BEACH y ACCEPTANCE OF DEDICATIONS: ACCEPTANCE OF DEDICATIONS AND RESERVATIONS: STATE OF FLORIDA I STATE OF FLORIDA ) COUNTY OF PALMBEACH ) COUNTY OF PALM BEACH ) THE FRENCHMAN'S RESERVE MASTER PROPERTY OWNERS ASSOCIATION, INC.. A FLORIDA CORPORATON NOT-FOR PROFIT. HEREBY THE FRENCHMA.N'S RESERVE COUNTRY CLUB, INC.. A FLORIDA NGT.FOR.PROFIT CORPORATION. HEREBY ACCEPTS THE DEDICATIONS ACCEPTS THE DEDICATIONS TO SAID ASSOCIATION. AS STATED AND SHOWN HER =ON, AND HEREBY ACCEPTS ITS MAINTENANCE AND RESERVATIONS TO SAID CORPORATION. AS STATED AND SHOWN HEREON. AND HEREBY ACCEPTS ITS MAINTENANCE OBLIGATIONS OBLIGATIONS FOR SAME, AS STATED HEREON. BATED THIS DAY OF ,2ppB FOR SAME. AS STATED HEREON, BATED THIS DAY OF FRENCHMAN'S RESERVE MASTER PROPERTY OWNERS S IATIQNNI, A FLORIDA CORPOPAD OTFOR.PROFIT VATNESS: BY PRINTEUNAME(()�Y. %O A6 _1��,1ce JrTZ. RONALD GLUM, VICE PRESIDENT WITNEB' 4. POQ dW I�YA 1 (PRINTEDNAME:) F.Ph \/ C..ac-chetM ACKNOWLEDGMENT. STATE OF FLORIDA ) BB COUNTY OF PALM REACH I BEFORE ME PERSONALLY APPEARED RONALD BLUM. WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. AND WHO EXECUTED THE FOREGOING INSTRUMENT AS VICE PRESIDENT OF FRENCHMANS RESERVE MASTER PROPERTY OWNERS ASSOCIATION, INC., A FLORIDA CORPORATOR NOT- FOR - PROFIT, AND SEVERALLY ACKNOWLEDGED TO AND SE-ORE ME THAT HE EXECUTED SUCH INSTRUMENT AS SUCH OFFICER OF SAID CORPORATON. AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE CORPORATE SEAL OF SAID CORPORATION AM THAT IT WAS AFFIXED TO SAID INSTRUMENT BY WE AND REGULAR CORPORATE AUTHORITY, AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID CORPORATION YY11� , ``�� WITNESS MY HAND AND OFFICIAL SEAL THIS AJ �_^D�AY•O-F`� �N�1I'IVI:IYYip✓ ,200]. 1 ' MY COAIWSSIIXJ EXPIRESyLfTiD 1. 2007 BY: I :C.f1 SEAIj NOTARYGPU_BLIC I PRINTEDNAME. �.. FC7\I JUCCII�'fr /1u d� FRENCHMAN'S RE VE COUNTRY CLUB. IN C. AfU. FI WT:7T./ NT WITNESS: BY (PNIN TEO NAME'. Ilca r� _ F) WITNESS. (PRINTEONAMEE) ACKNOWLEDGMENT: STATE OF FLORIDA COUNTY OF PALM B BEFORE MEPERSONALLYAPPEARED NIICJ YIU LY3nnL.IIV .12'HO IS PERSONALLY KNOW jO ME, OR HAS PRODUCED AS IDENTIFICATION, aWHO EX Cc� UTED THE FOREG -DING IN�STRU. ENT AS PRESIDENT OF FREN[:H MAN'S RESERVE CWNTRY CLUB, INC.. A FLORIDA CORPORATION NOT - FOR-PROFIT, ANO SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT HE EXECUTED SUCH INSTRUMENT AS SUCH OFFICER OF SAID CORPORATION. AND THAT THE SEAL AFFIXED TO THE fOREGOING INSTRUMENT IS THE CORPORATE SEAL OF SAID CORPORATION AND THAT IT WAS AFFIXED TO SAID INSTRUMENT BY DUE ANDFEGULAR CORPORATEAUTHORITY, AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEEOCF SAID C( ? RATION. WITNESS MY HAND ANDOFFILULSEALTHIS IQ" � \\�O���N- Ij11tmber ,—S. L,�,�ueuo�uerr f MY COMMISSION EXPIRES 00rd,?.067 BY: 1F.. CCA.LI OILON SEA ♦'T/' d� NOTARY PUBLIC PRINTED NAME. DCCY` Yr_' kl Q THIS PLAT WAS FQED FOR RECORD AT _,THIS_ DAY OF 2003. AND DULY RECORDED IN PLAT BOOK NO. ON PAGES DOROTHY WILKEN CLERK OF THE CIRCUIT COURT DEPUTY CLERK SEAL SEAL &--BEN CH MARK AND SURVEYING & MAPPING, INC. 4152 W. B UE HERON BLVD. SUITE U'ETEI RIVIERA BEACH, FLORIDA 33404121 PHONE: (MI) W`H 02 FAX: (501) 36 659 L.B. NO. 21" EMAIL: 1,111 - @OW-1 WEB: http: /(momhon.ad.coMihmlAm NOVEMBER 2003 FRENCHMAN'S RESERVE PCD - PLAT E SHEET 3 OF 6 BEING A REPLAT OF TRACT E, FRENCHMAN'S RESERVE PCD- PLAT ONE, AS RECORDED IN PLAT BOOK 92, PAGE 11, AND BEING A REPLAT OF PORTIONS OF TRACT OS2, FRENCHMAN'S RESERVE PLAT -'D', AS RECORDED IN PLAT BOOK 93. PAGE 123. PUBLIC RECORDS, PALM BEACH COUNTY. FLORIDA AND LYING IN SECTION 31, TOWNSHIP 41 SOUTH. RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA NOT PUTTED eo A V -- ym II AO l U M1�AOSF -_ IOn o� ON 11 W W 1T � 04 I� SOMi BLUNOAW IF IIUIT 052 {RENL I RCSERK - -' "' f- 93, PG.123 FRENCHMAN'S RESERVE PCD — PLAT 0" (PUT BOON 93, PAGE 123) OiM 271 12' IHLR[ss �[GgMIfHSSUSEIYEPIVI- (P B 9J. 1aJ%\ / 7� CCpp9 %AE - BM)—l— L= 61.74 (O M XLOROS BOON SBBO PAE 1695) R= 410.47' CA= 08'37'03" • ;fy LEGENDt (R) DENOTES A RA➢VL UME C/L DENOTES A CENTERUNE U.E. DENOTES A NRTTY USENENT OE. DENOTE S DRNWLE EASENENI C.N.E. DEN-S O N-I EASEMENT LB E, DENOTES UNDSUPE wJFRR EASENENT U.E. DENOTES —M EASEMENT W.SE oENOTES WATER G SEWER WENENT R OENOTES RADIUS 0""" LL OENOTES "'C IEN'GPI DISTIN'CE OENOTES CENDUL — ltB DENOTES LONG CNORD BEARBlG CND DENOTES CHORD DISTANCE ONE DENOTES BFP.CIAL REIONDS BOON PB CENOTES PUT WON NUMBER PG DENOTES PAGE NUMBER PCF` DENOTES PERNNIE IT CONTROL POINE RBA CEW'n PER"'Er FERRENCE NoNUNENF DENOTES ZERO LOT UME O DENOTES A SET PERNMIEM REFERENCE NONIMENT (I.. 2111) ■ DENOTES A FWNO PERMANENT REFERENCE MONUMENT (a Toss) ® DENOTES A SET PERMWEM —I— 4pN1 (LB. 2111) ® DENOTES A FOUND PERN.WENT CONTROL "' 0.B. 2171) N SURVEYOR'S OTES: I. THE WE BURWG, AS SNONN NE9EON IS SOUM OTIO'21' WEST MONG ME FAST UME OF TRACT E FRIK-5 RfSEFrvE POO - PUT ONE. 2. IN THOSE INSTANCCS —E U OR --E SIMUC — ARE CONSNUCfEO IN CONFLICT AN ME PUTTED PEREUMEM WMTROL PONT Po MIN 9OMICRS NONUNEMED AS PCRMAN•EM CONN POINTS — SE SET TO REFERENCE THE PATTED PDSII.N. ]. UNES MAT !NTFASECT CURKS ARC NOT RADIAL M- C.—SE NCTEA 4. MIS INSTRUMENT WAS P.REPAREO B✓ WV. R VAX CANPEN, PSA N0. 2424. IN MID FOR ME OFFICES OF BENCH NNM LWD SUR—NG 8 NAPPING. Po .. 4152 WEST BLUE HERON DWLEV.VIC. STATE 121, ­EM B N. ROMOA ]5101 CURVE TABLE �_ J54' R =9911:" 1=I.IJ' ICC- 71 010 �.1F I9 LIO U =W29'11 U=-54' R -1-19' 1 =fl65' R —.. 1=21.81' LCD- S)Z]9'17E LCB- H61'S6'OJT PQ =S65' CIO 1.18' III C12 Ci SWO)'N' .A =CO'0)'a0- P =25M' 1 =2187' Ra5p0W' L�I.G)' LCB- INS'S6'22V LCB- NBBJ)'IS'E CN041.70' CNP•I.Or C13 CII U =04''. W U= 0YW04• R= 50000' 1=40.4.'' R= )1882' L- 25.11• LCB- S81'32'027 LCB=N801256W G10-40.4fi 010 -2510' 2'O.N E. E� u� IT]Y IAS.6s_� ,5 ii °I CIS C.0rSTOV R- 71882' L- J).22' II8- OeB46Y0W CNMA.22' FOR MATCH SEE SHEET 4 OF 6 NOT PUTTED eo A V -- ym II AO l U M1�AOSF -_ IOn o� ON 11 W W 1T � 04 I� SOMi BLUNOAW IF IIUIT 052 {RENL I RCSERK - -' "' f- 93, PG.123 FRENCHMAN'S RESERVE PCD — PLAT 0" (PUT BOON 93, PAGE 123) OiM 271 12' IHLR[ss �[GgMIfHSSUSEIYEPIVI- (P B 9J. 1aJ%\ / 7� CCpp9 %AE - BM)—l— L= 61.74 (O M XLOROS BOON SBBO PAE 1695) R= 410.47' CA= 08'37'03" • ;fy LEGENDt (R) DENOTES A RA➢VL UME C/L DENOTES A CENTERUNE U.E. DENOTES A NRTTY USENENT OE. DENOTE S DRNWLE EASENENI C.N.E. DEN-S O N-I EASEMENT LB E, DENOTES UNDSUPE wJFRR EASENENT U.E. DENOTES —M EASEMENT W.SE oENOTES WATER G SEWER WENENT R OENOTES RADIUS 0""" LL OENOTES "'C IEN'GPI DISTIN'CE OENOTES CENDUL — ltB DENOTES LONG CNORD BEARBlG CND DENOTES CHORD DISTANCE ONE DENOTES BFP.CIAL REIONDS BOON PB CENOTES PUT WON NUMBER PG DENOTES PAGE NUMBER PCF` DENOTES PERNNIE IT CONTROL POINE RBA CEW'n PER"'Er FERRENCE NoNUNENF DENOTES ZERO LOT UME O DENOTES A SET PERNMIEM REFERENCE NONIMENT (I.. 2111) ■ DENOTES A FWNO PERMANENT REFERENCE MONUMENT (a Toss) ® DENOTES A SET PERMWEM —I— 4pN1 (LB. 2111) ® DENOTES A FOUND PERN.WENT CONTROL "' 0.B. 2171) N SURVEYOR'S OTES: I. THE WE BURWG, AS SNONN NE9EON IS SOUM OTIO'21' WEST MONG ME FAST UME OF TRACT E FRIK-5 RfSEFrvE POO - PUT ONE. 2. IN THOSE INSTANCCS —E U OR --E SIMUC — ARE CONSNUCfEO IN CONFLICT AN ME PUTTED PEREUMEM WMTROL PONT Po MIN 9OMICRS NONUNEMED AS PCRMAN•EM CONN POINTS — SE SET TO REFERENCE THE PATTED PDSII.N. ]. UNES MAT !NTFASECT CURKS ARC NOT RADIAL M- C.—SE NCTEA 4. MIS INSTRUMENT WAS P.REPAREO B✓ WV. R VAX CANPEN, PSA N0. 2424. IN MID FOR ME OFFICES OF BENCH NNM LWD SUR—NG 8 NAPPING. Po .. 4152 WEST BLUE HERON DWLEV.VIC. STATE 121, ­EM B N. ROMOA ]5101 N1 & d � $ = zs.ao• as.00' Hb AnM __ ...••. -••- - u r1 �1 Y.I .____.____3W_'BI 2'O.N E. E� u� IT]Y IAS.6s_� ,5 ii °I 2' OH.E u. I - 1 , pp •02' III^ Y.- Div - ^ a TRACT 1 I11 u - _ V xazlp: ;fit I.ssq_ox.c. o m m z 3�" 8F I aq 2 - - - - f -- - .SLLL(i•�.w 2'OH,E SN v4, 1o�$• - 2 -- - - _-- _Lw2'.WdZT.j55.)1____ , 1 ' < v� P d I 1 1 I 2' O.Hf. � i' 1 P 2'0 H. ^ . E IN � ___________SOYJ7TI'AJ6SII I r� ` NGBM WUNOARY OF TRACT E —� � I I • y aV 4 �I i I I 1 ---------- I � o� s04'SX.,w -t u - ___ — 44xti . -_ �'� � M 602 Y122W_VA64_OE_ III „ o 1 1 w t N N1 2 ON.E. V •b:. 2' O.HC. \ I 8i _._____._.502102TSE. J 4SJ 6____ __ L ____________ SOYJD1IW lI9T4'. L. i �s . � L 1 A 1 T'(Q111118 4' 1'OHE 11) B.SJ' I N 2 I TRACT -G2- 9 1 1 __ . 2. O HE, 1)4 I 2'ONE - m .M I N'.SE ANO U.E. SI r'/5 "IlW R �. 19x98' . ' J v 10 .50• —NL ------------ -------------------------------- f C, IB[ n .Try... _.— ."+, 20 WSE� — _ __ __ I _ ____ �I 1 ---- - - - - -- _ —IYSiL �__— (UTK4L RCCOROS BOOK 1- 1_P.YF 1w) __ _ _ _ _ __ __ _ _ _ _ _ _ _ --.. ..- -- - - -- 0..13 SOUM SO 10'27"W 668 $9' TRASE FAST Bq/A1]4RY OF TRAa E ANO EAST WUN64RY OF LIST UNE OF RCIMW "1"143— 12' SUCOSF USENEM TREwI 1 RESLR4' aD- RAT ONE BOI WEST BEAR7NGJ (PUr WOK 9z (E#f,CMt RELOF09 "OCW GOOK 4)52. PALE 1635) 0 GS NOT PUTTED eo A V -- ym II AO l U M1�AOSF -_ IOn o� ON 11 W W 1T � 04 I� SOMi BLUNOAW IF IIUIT 052 {RENL I RCSERK - -' "' f- 93, PG.123 FRENCHMAN'S RESERVE PCD — PLAT 0" (PUT BOON 93, PAGE 123) OiM 271 12' IHLR[ss �[GgMIfHSSUSEIYEPIVI- (P B 9J. 1aJ%\ / 7� CCpp9 %AE - BM)—l— L= 61.74 (O M XLOROS BOON SBBO PAE 1695) R= 410.47' CA= 08'37'03" • ;fy LEGENDt (R) DENOTES A RA➢VL UME C/L DENOTES A CENTERUNE U.E. DENOTES A NRTTY USENENT OE. DENOTE S DRNWLE EASENENI C.N.E. DEN-S O N-I EASEMENT LB E, DENOTES UNDSUPE wJFRR EASENENT U.E. DENOTES —M EASEMENT W.SE oENOTES WATER G SEWER WENENT R OENOTES RADIUS 0""" LL OENOTES "'C IEN'GPI DISTIN'CE OENOTES CENDUL — ltB DENOTES LONG CNORD BEARBlG CND DENOTES CHORD DISTANCE ONE DENOTES BFP.CIAL REIONDS BOON PB CENOTES PUT WON NUMBER PG DENOTES PAGE NUMBER PCF` DENOTES PERNNIE IT CONTROL POINE RBA CEW'n PER"'Er FERRENCE NoNUNENF DENOTES ZERO LOT UME O DENOTES A SET PERNMIEM REFERENCE NONIMENT (I.. 2111) ■ DENOTES A FWNO PERMANENT REFERENCE MONUMENT (a Toss) ® DENOTES A SET PERMWEM —I— 4pN1 (LB. 2111) ® DENOTES A FOUND PERN.WENT CONTROL "' 0.B. 2171) N SURVEYOR'S OTES: I. THE WE BURWG, AS SNONN NE9EON IS SOUM OTIO'21' WEST MONG ME FAST UME OF TRACT E FRIK-5 RfSEFrvE POO - PUT ONE. 2. IN THOSE INSTANCCS —E U OR --E SIMUC — ARE CONSNUCfEO IN CONFLICT AN ME PUTTED PEREUMEM WMTROL PONT Po MIN 9OMICRS NONUNEMED AS PCRMAN•EM CONN POINTS — SE SET TO REFERENCE THE PATTED PDSII.N. ]. UNES MAT !NTFASECT CURKS ARC NOT RADIAL M- C.—SE NCTEA 4. MIS INSTRUMENT WAS P.REPAREO B✓ WV. R VAX CANPEN, PSA N0. 2424. IN MID FOR ME OFFICES OF BENCH NNM LWD SUR—NG 8 NAPPING. Po .. 4152 WEST BLUE HERON DWLEV.VIC. STATE 121, ­EM B N. ROMOA ]5101 NOVEMBER 2003 FRENCHMAN'S RESERVE PCD - PLAT E BEING A REPLAT OF TRACT E. FRENCHMAN'S RESERVE PCD - PLAT ONE, AS RECORDED IN PLAT BOOK 92, PAGE 11, AND BEING A REPLAT OF PORTIONS OF TRACT OS2, FRENCHMAN'S RESERVE PLAT -'D -. AS RECORDED IN PLAT BOOK 93, PAGE 123, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA AND LYING IN SECTION 31 • TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA __-CURVE (R) DENOTES A RADIAI. FINE DENOTES A CENTEAINE u :E DENOTES A UDLOY FASEINEM TABLE ONE. CI 11 .,I'I "IS' G2528'53- R•I TES. )6' R= 8.00' L= 31.56' 33 ' LCB 42217114 --S. END 1' C] _ __ -------- __._ '�2)o'3ZT.1' T .9017 T =9.5' '-CNO LLvB9JV =JS CHO 9.56' CI] 018 G- J9'S5'03' G= 1b't0'OJ' R =ED. 8=68.08' L= "..]0' L= 55.63 LC6= HIR "59'S!V LCB=.Y29'Ia'VOT CHO= 61.11' ­31.0 CI9 CYJ G= 13'19'11' ­32W'15' N= 221.6,' = WSI L =-9' = 110.00' 11=6.1.13' LC9=N51'05'18T tCO= SJB'17'IIV CN0=51A6' 110=1'-7' 011 C22 G= 23'55'5'3 G -2 %aD2i R =1 TTIT' 9 - 11311' L =51 6Y IGR= NIZJ]'211' L[8= .v /t'a1'.OT. 040=62.6% CI!0 =5110' 013 C2a G�6V5201• CA=JJ'0)'!]' .11 DE, F= 6x.09' L =5.31' l= '3].0.5' ;CB= SSZ19'12w LLB= .vO'!.1't)T 010 =5.0 / CNO =36.51 015 116 '27 G= 3228'01' G= 25'21'30' G =6206'16' .9=]135' R= 11875' N =37.09' 1= 10.51' L= 52.66' L=1J11' LCB= ]nZ14391 LLB- 5]1'50'057 ' LC8=52626'1D 'E CHD- IO.VO' END 5"61* ND =I I.CC 129 C29 G/ G= 01'! "26' 0=32'19.21• G= 1'3'14 '01 - R= 9'35.59' R =700' R- ..LU' 1+19.11' L .. 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IRIS INSTRIMENT WAS PREPARED BY WY. R NAN CANPEN. P.S.Y. M. 2424, IN AND MR THE OFFICES OF BENCH MARK LAND SUMtiiI.NG h VACPNG. INC. 4152 WESt BLUE HERON COLD, SURE 121. W101A BEACH, FLORIDA 33402 IN CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum REC ETVED DEC 2 0 2003 Date Prepared: December 22, 2003 Meeting Date: January 15, 2004 Resolution 7, 2004 Subject/Agenda Item: Resolution 7, 2004 — Consider approval of an agreement between the City of Palm Beach Gardens and Sandalwood Estates Homeowner's Association, Inc., to provide for additional landscaping to buffer impacts from the Burns Road widening project. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY [ ] Recommendation to POSTPONE Reviewed by: Originating Dept.: Costs: $48.809.20 Council Action: Angela Wong (Total) Project Manager City Attorney Community Services Department [ ] Approved $48.809.20 [ ]Approved w/ at Current FY conditions [ ] Denied Finance Administrator Advertised: Funding Source: [ ] Continued to: Attachments: 14-0 Date: [ X ] Operating Civil Engine Paper: [ ] Other . Resolution 7, 2004 • Exhibit A: Agreement Submitted by: [ X ] Not Required Jack Doughney, Community Services Adm i ato Depa me ector Affected parties [ ] Notified Budget Acct. #: 309 - 0900 - 519.6300 [ ] None Appro Zdyr: City MAnaq6r [ ] Not required Date Prepared: December 22, 2003 Meeting Date: January 15, 2004 Resolution 7, 2004 BACKGROUND: Burns Road was widened in an effort to alleviate traffic congestion within the City, providing an alternate east -west thoroughfare to PGA Blvd. Due to the City's reconstruction of Burns Road, the Sandalwood Estates community was impacted by increased noise and the overall appearance of Burns Road from residences along the Burns Road corridor. The City investigated what could be done to mitigate the expansion of Burns Road to their community. Staff recommended additional landscaping would be the most cost effective way to mitigate the project's impact. Sandalwood Estates received a $48,809.20 proposal for the installation of a landscape buffer adjacent to Burns Road. The Sandalwood Estates HOA agreed to the City's offer to pay $48,809.20 for landscaping improvements with the understanding that the HOA will be responsible for the design, installation and maintenance of said improvements. The attached agreement recognizes the responsibilities of both the City and Sandalwood EstatE:s HOA, Inc. as it pertains to the installation and maintenance of the landscaping. STAFF RECOMMENDATION: Approve Resolution 7, 2004 authorizing the execution of an agreement between the City of Palm Beach Gardens and Sandalwood Estates Homeowners Associations, Inc. for additional landscaping to buffer the Burns Road widening project. 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: December 23, 2003 RESOLUTION 7, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPE IMPROVEMENTS BETWEEN THE CITY OF PALM BEACH GARDENS AND SANDALWOOD ESTATES HOMEOWNER'S ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has completed the construction of additional lanes of traffic on Burns Road; and WHEREAS, the City desires to mitigate impacts of the Burns Road project for the Sandalwood E- states community; and WHEREAS, the Sandalwood Estates Homeowner's Association, Inc. has agreed to install and maintain additional landscaping within its community. The City will provide an allowance of $48,809.20 for the landscape improvements; and WHEREAS, the City and the Sandalwood Estates Homeowner's Association wish to enter, into a contract for the installation and maintenance of the landscape improvements; and WHEREAS, such agreement has been prepared and is attached hereto; and WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby accepts and approves the Agreement for the installation and maintenance of landscape improvements between the City of Palm Beach Gardens and Sandalwood Estates Homeowner's Association, Inc., and hereby authorizes they Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall take effect immediately upon adoption. 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: December 31, 2003 Resolution 7, 2004 PASSED AND ADOPTED this day of J2004. ATTEST: Mv Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY xw Christine P. Tatum, City Attorney VOTE: MAYOR JABL.IN VICE MAYOR; SABATELLO COUNCILMEIiMBER CLARK COUNCILMEMBER RUSSO COUNCILMEIMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA xw Eric Jablin, Mayor AYE NAY ABSENT G:\ attorney _share \RI = SOLUTIONS \Sandalwood HOA - reso 7 2004.doc IPA Date Prepared: December 22, 2003 Meeting Date: January 15, 2004 Resolution 7, 2004 I:0111GTW_1 Agreement between the City of Palm Beach Gardens and Sandalwood Estates Homeowner's Association, Inc. Page 1 of 5 AGREEMENT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPE IMPROVEMENTS THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "City "), and Sandalwood Estates Homeowner's Association, Inc., a Florida non - profit corporation, C/O Capital Realty Advisors, whose address is 8895 N. Military Trail, Suite 201E, Palm Beach Gardens, Florida, 33410, (hereinafter "Association "). WHEREAS, City has completed the construction of additional lanes of traffic on Burns Road, a City connector road located within its corporate limits, in order to increase the traffic capacity on Burns Road and thereby decrease the demand placed on other east -west thoroughfares within the City, notably PGA Boulevard (hereinafter "Project "); and WHEREAS, the City deems it necessary to mitigate the impacts of the Project to the Sandalwood Estates development by providing an allowance for landscape improvements adjacent to the Project; and WHEREAS, the Association has agreed to install and maintain an additional landscape buffer adjacent to the Project in accordance with the plans, design, specifications,, drawings and estimate submitted by the Association and approved by the City (the "Improvements "), a copy of which is attached as Exhibit "A ", and that an allowance of $48,809.20 will be provided by the City to the Association for the design and installation of the Improvements; and WHEREAS, in consideration of the allowance to install these improvements, the Association has agreed to accept certain installation and maintenance obligations with respect to such improvements; and WHEREAS, the City and the Association wish to enter into an agreement to specifically delineate the obligations of each and to bind their respective successors and assigns. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Association and the City agree as follows: ARTICLE 1. RECITALS. The recitals as set forth hereinabove are hereby deemed true and correct to the best of the knowledge of the parties hereto and are incorporated herein by this reference. ARTICLE 2. AUTHORITY FOR AGREEMENT. Each party does hereby acknowledge and agree that it has the lawful authority to enter into this Agreement for the purposes contained herein. ARTICLE 3. OBLIGATIONS OF THE CITY. The City shall, within 15 days of receipt of the executed agreement, provide the Association's attorney with a landscape allowance in the amount of $48,809.20 to be held in escrow by such attorney. ARTICLE 4. RELEASE OF ESCROW FUNDS. The Association shall be entitled to receive partial releases from the Escrow fund upon approval by the City's Civil Engineer of invoices for design services, materials and /or labor relating ito the installation of the Improvements. ARTICLE 5. OBLIGATION OF THE ASSOCIATION. A. The Association shall be solely responsible for the installation and maintenance of the Improvements installed pursuant to this Agreement B. The Association shall be required to obtain all required approvals and permits associated with the landscape improvements. C. The Association shall complete all improvements subject to this Agreement within one year firom the effective date of this Agreement or return all unused funds to the City. ARTICLE 6. "TERMINATION; AMENDMENT. Unless otherwise provided herein, this Agreement shall remain in full force and effect until it is terminated by the mutual written consent of both parties hereto. This Agreement shall only be amended pursuant to the written agreement or consent of both parties hereto. ARTICLE 7. MISCELLANEOUS PROVISIONS. A. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be mailed by registered or certified mail (postage prepaid), return receipt requested to the following addresses: PA As to City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager with a copy to: Palm Beach Gardens City Attorney 10500 North Military Trail Palm Beach Gardens, Florida 33410 Palm Beach Gardens Civil Engineer 10500 North Military Trail Palm Beach Gardens, Florida 33410 As to the Association: Sandalwood Estates Homeowner's Association, Inc. c/o Capital Realty Advisors 8895 N. Military Trail Suite 201 E Palm Beach Gardens, Florida 33410 with a copy to: Edward Dicker Dicker, Krivok & Stoloff, P.A. 1818 Australian Avenue South Suite 400 West Palm Beach, Florida 33409 B. Entire Agreement. This Agreement constitutes the entire understanding and agreement: between the parties with respect to the subject matter hereof. C. Binding Elect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and permitted assigns. D. Assignabiliity. This Agreement may not be assigned without the prior written consent of both parties to this Agreement. E. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed oirnitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. In the event this Agreement is unenforceable or invalid for any reason, the parties hereto agree to take any action, including executing any amendments or addenda, required to make this Agreement binding and enforceable. 3 F. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. G. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. H. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. J. Attorney's Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the prevailing party shall be entitled to recover from the non - prevailing 1party the reasonable attorney's fees and costs incurred by such prevailing party, including all attorney's fees and costs incurred in any appeal. (The remainder of this page left intentionally blank) N IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinaifter written. Executed by the City this ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ristine {'. Tatum, City Attorney day of Executed by the Association this CITY: , 2004. CITY OF PALM BEACH GARDENS, a Florida municipal corporation In day of Eric Jablin, Mayor ASSOCIATION: [SEAL] 2004. ATTEST: SANDALWOOD ESTATES HOMEOWNER'S ASSOCIATION, INC., a Florida non - profit corporation in Secretary By:_ Name: Title: [CORPORATE SEAL] Consented to by Dicker, Krivok: and Stoloff, P.A. Attorney for Sandalwood Estates Homeowner's Association, E Exhibit "A" Landscaping Installation Proposal MICHAEL REDD ASSOCIATEES, P.A. K14*ael T Redo Pneamew Finak & AWakam, vice rPYe ide a FACSIMILE Date: December 12, 003 Attn: Todd Engle City of Palm Beach Gardens 799.4134 Re: Sandalwood Estates Cost Estimate 031148 2 Total number of pages including cover sheet ❑ Urgent ❑ For Your Information • Please Review /Comment • As Requested ❑ Please Reply ASAP COMMENTS As per your request, the attached cost estimate represents the proposed landscape buffer along the south side of Burn Road for Sandalwood Estates. Please note that these costs include retro- fitting the irrigation to the existing system, a 10% construction contingency, and MRAPA's design and construction administration fees. If you have any further questions, comments, or requests, please do not hesitate to call. CC: Todd Jackson - Capital Realty Advisors, Inc. 624.8827 From- Patrick Cunningham 631 U.S. Highway One, Suite 3W Noft Palm Beach, FL 33408 Voice: 561.863.2500 Fax: 561 .863-205 E-mail: pesigMMroddplan.cam 12/12/2003 15:52 5618632505 MICHAEL REDD & ASSOC PAGE 02/02 December 12, 2003 Sandalwood Estates Overall Estimate of Construction Cost ftM a unit Quan" LANDSCAPING 1 Li ushim Tree Privet ea. 6 2 Live Oak ea. 1 3 Sebal Palm ea. 6 4 Croton ea. 19 5 Crinum Lily ea. 16 6 lCocoph um ea. 400 7 Silver Buttonwood ea. 36 8 Fakahatchee Grass ea. 106 9 Dwarf Yaupon Holly ea. 235 10 Blue Rqq Juniper ea. 1 1,185 11 Lirlope ea. 2,2201 12 IMulch 3- Eucalytu s c . 70 13 lPlantinji Soil / Fertflizer c . 10 Subtotal Subtotal MICHAEL R.EDD 6� ASSOCIATES, P.A. Mrebad T. Redo Prcaidad Fr" k 4 Baynhom rwe 1%Wdad Unit Total $625.00 $3,760.00 00.00 $600.00 150.00 900.00 $12.00 $228.00 $65.00 $1040.00 $9.00 $3,600.00 $9.00 $324.00 $10.00 $1080.00 $12.00 $2,820.00 8.00 $9,4 80.00 $4.00 $8880.00 $70.00 $4900-00 1.00 3 0.00 $37,892.00 $4.00 $180.00 3 800.00 3 800.00 $3,080.00 DESIGN / ADMINISTRATION FEES 16 Professional Services I IS-1 1 750.00 2 750.00 Subtotal $2.750.00 Landscaping Lan(iscaping Subtotal Miscellaneous Subtotal on to enC - o Design/ Administration Fees Subtotal Total 37892.'00 3980.00 750.00 $48,809.20 631 U.S. Highway One, Suite 300 A North Palm Beach, FL 33408 Voice: 561.863.2500 Fax: S61.863.2505 E -mail: designQreddplan.com 56 U ® _ ]d I TTY ] n 7 } - n E a o T EO n• f SaewU PwUrns T _ LVEi ` Tra. 72 z" V`•` 1 1 a 50\ \' 3 d Cry 50 111 — _ LL • 1` ` ` \ 1 -. \` `\ 11 E \ 1\ G. ua E LF Ca _ a p W Z i r v1, 1 0 o . 3 w [ 61.00 , � CorvcacEeN� Tra •. 60A0 � Paoaosco NEw' x _ D �\ r" r t _ o 0 sp �a <9 TVP. 1 F } / + s.n..�P ��. �/. 1 / Tr� lSoA� _� a cal m .I .. � 65 2 I i I O IEE • :/ _ 0.. DR cal c' - a a; ° eoo I o°s—z ayo o ;! —o- i —p I' LANDSCAPE PLAN } �z r SANDALWOOD ESTATES E -.. W . oa\\hlunIN.\,..0 .,,,� m - �_- .uuia.,,.�� ,. r.i I'll ..\,_•, Plant List Trees & Palms o" 11 u" 4 "1 "1 1 =11MI -4 mVlc % c— Shrubs & Groundcovers c Typical Large Tree Planting Detail .. 11 - 1 c. .. c1c, - W , �1 � '.. W — . C. P..— V C. ca.—I scmccos 21: =,=V Un_ 11 cl:= U11111 11 2r- T2yp.C,0,.5hrub Planting Detail PLANT LIST AND DETAILS SANDALWOOD ESTATES W 0.\l . --d. —i'. ..... .. . ..... Typical Large Palm Planting Detail W 0 LL W z W 0 0 0 m pa U w —G.y 120 E-1 lj� U): 1'— .1 P-1 Typical Tree Guying Detail Typrcol Plant Spacing Detail ❑Z Z LP-2:11� �1: Ml, 11AHJUDD& —N 1 \11 .IA A5BREVIATEO SPECIFICA1101S (SEE SUPPLEMENTAL SPEC FC[?0N BOOKLET) m. 71MI DZ10 IZ'.`�"11.11 J`.`-1i:i1.',,, 11, C U2 50 R—.— Sector 02910 Lu 5"i"' 02910 Lan —1-I.—I A cG ASSURANCE ZXZ�11111—`. 1=1111=1-111 Vil�-.t�=%:- 1 'L AMENpMEN I7 S M`.C1=CZ1I 61 1-11N P—ENT"!I.U�17 .. (...E ' ZCZ11,1:1.1 V M II-1.111J. ViM . ..... — 1 1. `1-A — I - I — ; g -r- 01 111 ALL 1-1 .1 All—­ .1 . -1, U. xx I.— C—Eii. :n r 0 GRASS MATERIALS ...... . . MISCELLANLOUS LANDSCAPE MATERIALS F PREPARATION OF PLANTING SOIL G PREPARATION FOR P LANIINI LA wl15 F. PREP _.ARAIIUN BIT PLANTING BEDS w I PLANTING [S AND SHRUBS, j SODDING c­ —W. L MAINTENANCE M .7 1 . ............ AC[F A I IUAL­ �T 1.�l iM C.—I 0 CCINTAIN Fi CROWN STOCI I I,E 11111"El I LAI ISI-101 wnCxw I PLANT —T_FiIALI S FASUIEMIPIS olrw c A'. c) END OF SECTION LANDSCAPE SPECIFICATIONS SANDALWOOD ESTATES . . ..... ... . All, If AI L KI I 'I" A", \HnY V 1. s u Z: CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 11, 2003 Meeting Date: January 15, 2004 Resolution 9, 2004 Subject/Agenda Item: Resolution authorizing the City Manager to file an application requesting distribution of a portion of the Palm Beach County Emergency Medical Services Surcharge Award Program Funds. [X] Recommendation to APPROVE [ ] Recommendation to DENY ] Recommendation to POSTPONE Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Fire Rescue (Total) City Attorney [ ] Approved $ Current FY [ ]Approved w/ conditions [ ] Denied Finance Director Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Resolution Application Submitted by: Peter T. Bergel [ x ] Not Required Fire Chief Department Director Affected parties r[- ]"Notified Budget Acct. #: [ ] None Ap o e by: City an ger [ x ] Not required Date Prepared: December 11, 2003 Meeting Date: January 15, 2004 Resolution 9, 2004 BACKGROUND: The Fire Rescue Department has applied and been tentatively approved for Grant funds in the amount of $39,000.00, for the purchase of two Special Event Transport Units. These units will be utilized at the Honda Classic Golf Tournament, High School Football Games, and other events where a full -size rescue unit cannot. maneuver. The County EMS Grant Program requires a Resolution from the applicant in order to distribute these grant funds. STAFF RECOMMENDATION: Staff recommends approval of Resolution 9, 2004. 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: December 15, 2003 RESOLUTION 9, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION REQUESTING DISTRIBUTION OF A PORTION OF THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES SURCHARGE AWARD PROGRAM FUNDS TO WHICH THE CITY IS ENTITLED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, public records indicate there exists today in Palm Beach County an Emergency Medical Services Surcharge Fund to be distributed to providers of Emergency Medical Services to improve and /or expand the County EMS system; and WHEREAS, certain funds have been collected within the City of Palm Beach Gardens, and the City is requesting that these funds be made available on a pro -rata share basis; and WHEREAS, the City of Palm Beach Gardens Fire Department is the sole provider of Advanced Life Support within the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The City Manager is hereby authorized and directed to make application to Palm Beach County Emergency Medical Services for funds to be made available to the City of Palm Beach Gardens from the Palm Beach County Emergency Medical Services Surcharge Fund for the purchase of two Special Event Transport Units. SECTION 2. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) "S C4 1 2 3 4 5 6 7 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: December 15, 2003 Resolution 9, 2004 PASSED AND ADOPTED this day of , 2004. ATTEST: f-W Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA LI-YA Eric Jablin, Mayor AYE NAY ABSENT \ \pbgsfile\ Attorney \attorney_share \RESOLUTIONS \emergency medical svcs surcharge award program funds -reso 9 2004.doc %i am J � f 't 1(14 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 -4698 October 30, 2003 Robert A. Butterfield EMS Manager Department of Public Safety Division of Emergency Management Office of Emergency Medical Services 20 S. Military Trail West Palm Beach, FL 33415 Dear Mr. Butterfield, CITY nr_ oRG OCi 3� 2003 FIRE RESCUE This letter is written to confirm receipt of our grant application approval in the amount of $39,000. It is our intention to disburse these funds as per our proposed expenditure plans. We also agree to complete all requirements set forth by the county and state grant program. If further information is needed, please feel free to contact myself or Deputy Chief Chris Brown at (561) 799 -4367 at your convenience. Sincerely, Ron Ferris City Manager RF /lp It Department of Public Safety Division of Emergency Management Office of Emergency Medical Services Palm Beach County EMS Grant Award Application PRIMARY GRANT REQUEST 1. Organization: Palm Beach Gardens Fire Rescue Department Authorized Official: Mr. Eric Jablin Title: Mayor Alternate Official: Mr. Ron Ferris Title: City Manager Mailing Address: 10500 N. Military Trail, Palm Beach Gardens, Fl. 33410 2. Authorized Contact Person: C. R. Brown Title: Commander of Emergency Medical Services Mailing Address: Telephone: 561- 799 -4367 3. Agency's Legal Status: 4. First Responders: 5. Federal Tax ID Number: 6. EMS County Plan Goals: 7. Communications Projects: 10500 N. Military Trail, Palm Beach Gardens, Fl. 33410 FAX: 561 - 799 -4399 Municipality Not Applicable 602711631554C 1 -D Medical Rescue Equipment (Specialty Vehicles) Not Applicable PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: Palm Beach Gardens Fire Rescue Department 8. Background: The Palm Beach Gardens Fire Rescue Department is the largest municipal Fire Rescue provider in the northern end of Palm Beach County. The primary response area is 53 square miles with additional ancillary coverage areas via active automatic and mutual aid agreements. The agency provides basic and advanced life support (BLS / ALS) treatment and transport services utilizing four transport and two non - transport advanced life support units and two basic life support first response units. These services are delivered from four fire stations which each have an engine and rescue company assigned. Field supervision is provided by a Shift Commander and EMS Captain who respond to calls via dispatch or by Medical Quality Assurance Protocols. Active units include 4 Fire Engines, 4 Transport Rescue Units, 1 90 foot Aerial Platform, 3 Brush Trucks and 2 Command Units. In addition, a Light / Air and Rehab Unit are available. The department is currently staffed by 84 Field and 12 Administrative Employees. 9. Grant History: The Palm Beach Gardens Fire Rescue Department was the recepient of a County Grant Award in 2000 for I. V. Infusion Pumps. Currently, we are participating in a State EMS Grant, which funded a Public Education Specialist. In addition, the department has received funds from the Fire Act Grant Program for physical fitness equipment, rescue hand tool equipment and thermal imaging cameras. None of these awards involved the purchase of vehicles of any type. 10. Project Needs Statement: The Palm Beach Gardens Fire Rescue Department proposes the purchase of two electric powered specialty transport vehicles. The units will be used at a number of special events throughout the year and will serve as the primary on course units at the Honda Classic Golf Tournament. They will also be made available to other agencies on an as needed basis. The City of Palm Beach Gardens has been well known as the Golf Capital of the World for a number of years. In the past, the City hosted the PGA Seniors Golf Championship Tournament and is routinely the home of regional golf tournaments. In 2003, the city also became the host of the Honda Classic PGA Tour event. This tournament is an annual contest held at the Mirasol Golf and Country Club. The event is contracted for three additional years; however an extension is anticipated as Mirasol has constructed the Honda Classic offices in it community. PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: Palm Beach Gardens Fire Rescue Department (Needs Statement Continued) The director of the Honda Classic reports that there were over 26,500 spectators with another 400 workers and volunteers each event day, for a total of 80,700 attendees. The length of the course combined with the March heat led to a number of overheated and /or injured victims. Fire Rescue records indicate that over fifty patients were treated on the course with 27 of those being transported to the local emergency department for care. This is the largest of a number of annual events which receive specialty EMS coverage. 11. Project Outcome Statement: The successful use of smaller electric powered units for crowded events has been well documented. The Palm Beach Gardens Fire Rescue Department will use these units in conjunction with bike medics to provide rapid treatment and transport from heavily congested and /or outlying areas. The units will decrease transport times and provide the best possible means of field transport. During the construction of the units, a changeable signage package will be installed, so that the vehicles may be loaned to other county EMS providers for use at their events. This will not only improve the impact to patients within Palm Beach Gardens, but will also assist in the care of patients in other county areas. As an example, the Northern Palm Beach County Chamber of Commerce reports that the 2003 Artigras Festival had over 150,000 visitors during the three -day event. This is only one of many other area events that would benefit from this request, through existing mutual or automatic aid agreements. The use of the units will be tracked through dispatch records and statistical data will be documented for the purpose of post grant review. PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: Palm Beach Gardens Fire Rescue Department 12. Major Activities and Time Frames First Quarter = October 1 through December 31 Second Quarter = January 1 through March 31 Third Quarter = April 1 through June 30 Fourth Quarter = July 1 through September 30 Activity Design Units Purchase Units Provide Training Time Frames 1st Quarter 2003 1St Quarter 2003 2nd Quarter 2004 13 Items / Quantities / and Position / FTE's Cost Per Unit Total Two Transport Capable Special Event Vehicles $19,500.00 $39,000.00 RESOLUTION 144, 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AUTHORIZATION OF THE CITY MANAGER TO FILE AN APPLICATION REQUESTING A PORTION OF THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES SURCHARGE AWARD PROGRAM FUNDS TO WHICH THE CITY IS ENTITLED; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, public records indicate there exists today in Palm Beach County an Emergency Medical Services Surcharge Fund to be distributed to providers of Emergency Medical Services to improve and/or expand the County EMS system; WHEREAS, certain funds have been collected within the City of Palm Beach Gardens, and the City is requesting that these funds be made available on a pro -rata share basis; and WHEREAS, the City of Palm Beach Gardens Fire Department is the sole provider of Advanced Life Support within the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Manager is hereby authorized and directed to make application to Palm Beach County Emergency Medical Services for funds to be made available to the City of Palm Beach Gardens from the Palm Beach County Emergency Meical Services Surcharge Fund. SECTION 2. Upon receipt of such funds by the City of Palm Beach Gardens, no por;tion of the existing operating budget for Emergency Medical Services shall be reduced or deminished. SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall be effective upon adoption. RESOLUTION 144, 1997 PAGE 2 OF 2 J INTRODUCED, PASSED AND ADOPTED THIS (g DAY P , 1997. S RUS O, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK AP OVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY NAY ABSENT VOTE: An MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK CITY ATTORNEY NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 12/17/03 Meeting Date:01 115104 Resolution 11, 2004 Subject/Agenda Item: Consideration of the purchase of a Computerized Voice Stress Analyzer (CVSA) from the National Institute for Truth Verification (NITV), a sole source provider. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY f i Recommendation to POSTPONE Reviewed by: Originating Dept.: Costs: $12,617.75 Council Action: Police (Total) City Attorney [ ] Approved $ 12.617.75 [ ]Approved w/ conditions Current FY [ ]Denied Finance Director Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Proposal- Description Justification National Institute for Truth Verification document Submitted by: [ x ] Not Required Department Director Affected parties ( ] Notified Budget Acct. #: [ ] None Approved by: ®ter -1000- poi /o City Manager [ x ] Not required Date Prepared: 12117/03 Meeting Date:01 /15/04 Resolution 11, 2004 BACKGROUND: The Computerized Voice Stress Analyzer (CVSA) uses innovative technology to detect deception. It does this by measuring stress - related components of the human voice. Unlike the Polygraph, the CVSA does not require elaborate set- up for each individual and can even be used on some tape recorded statements. The CVSA machine's results are conclusive, indicating whether deception is present or is not There are several uses for the CVSA. It can be used for the screening of new applicants (background investigations). In criminal cases it can be used to verify suspicious allegations, especially where there is an absence of proof (i.e. sexual battery cases, robberies, child abuse /molestation cases) and other cases in which there are one - against -one allegations. It is an excellent investigative tool to assist the investigator in obtaining confessions. The City will save money by bringing these examinations in- house. Currently the City pays $95.00 per Polygraph examination for pre - employment applicants and $150.00 per crime - related Polygraph examination. While the Police Department will be administering the testing, the CVSA is being purchased in partnership with Human Resources and the Fire Department. The National Institute for Truth Verification is an approved, official, vendor to the U.S. Government, and other qualified agencies by contract GS- 07F- 0114M, Federal Supply System, General Services Administration STAFF RECOMMENDATION: Staff recommends the approval for the purchase of the Computerized Voice Stress Analyzer from the National Institute for Truth Verification for the amount of $12,617.75. :(Official Website of The National Institute For Truth Verification Official Website of The National Institute For Truth Verification. Welcome Our Company Our Staff Computer Voice Stress Analyzer VSA Comparisons Cost - CVSA vs. Polygraph Funding Assistance GSA Current Agencies Utilizing CVSA Real Cases Solved VSA Validation Studies Top Endorsements CVSA Training & Class Schedule Advanced / Recert Training Investigative Training Training Registration VSA Associations Page 1 of 2 Our mission is to develop the latest in truth verification instruments, training and testing techniques and to equip the criminal justice community to identify the guilty and absolve the innocent. RELATED LINKS: history I Cases Solved I Pricing I Current Agencies CVSATM Perfects Crime - Fighting Technology Unlike the computer polygraph, the CVSA requires no wires be attached to the subject being tested. The CVSA uses only a microphone plugged into the computer to analyze the subject's responses. As the subject speaks, the computer displays each voice pattern, numbers it and saves each chart to file. Unlike the polygraph, drugs do not affect the results of the exam and there are no known counter - measures that will cause the ubiquitous "inconclusive" results associated with the polygraph. The CVSA is effective in all investigative situations such as homicide, sex crimes, robbery, white collar crimes, and internal affairs investigations, as well as pre - employment examinations for background investigators. Embraced by the Department of Corrections, the system has also proven itself a very reliable investigative tool for verifying statements of witnesses, denials of suspects, and for determining the validity of allegations made against police officers. Micro tremors are tiny frequency modulations in the human voice. When a test subject is lying, the automatic, or involuntary nervous system, causes an inaudible increase in the Micro tremor's frequency. The CVSA detects, measures, and displays changes in the voice frequency. Truthful A state -of -the -art computer processes these voice frequencies and graphically displays a picture of the voice patterns. The CVSA is not restricted to "yes" and I "no" answers and is able to analyze accurately, tape recordings of unstructured conversations. CVSA Outperforms Any Other Method Lying Introduced into the law enforcement community in 1988, the original analog CVSATM' became an instant success at every agency that purchased it, solving crimes that, in some cases, had languished for years (cold cases). In other cases, individuals that were either untestable or had been called "inconclusive" on the old polygraph agreed to take a CVSATM exam and subsequently confessed to their crimes. With results like that, it wasn't long before word -of -mouth spread the CVSA's reputation like wild -fire in the law enforcement community. Today's CVSATM' has been digitized and incorporated into a powerful multi- functional notebook computer. The latest version of the CVSATM enjoys the reputation of being the most effective investigative tool to be introduced into the law enforcement community within the past three decades. When used in conjunction with the National Institute for Truth Verification's (NITV rm) interviewing and interrogation techniques, http://viww.cvsal.com/product.php 11/18/2003 M ; Official Website of The National Institute For Truth Verification Page 2 of 2 including its widely acclaimed Defense Barrier Removal (DBRrM) Request Information technique to obtain confessions, the results are swift and dramatic. "Cold" cases are solved by analyzing old interview tapes. The CVSA rm gets to the truth and accurately identifies deception, or validates Contact Us statements in the shortest possible time (average exam time is 40 mins.). © 1999 -2003, CVSA1.com. All Rights Reserved. Design and Hosting by AAA Web Solution http://www.cvsal.com/product-php 11/18/2003 TO: FROM: SUBJECT CITY OF PALM BEACH GARDENS MEMORANDUM Ron Ferris, City Manager DATE: December 17, 2003 H. A. DuFour, Human Resources Administrator 1 Purchase of CVSA The shared purchase of the CVSA will allow the Human Resources Department to administer a polygraph examination to new employees directly on site. Currently this procedure is being done by outside contractors at a fee of $95.00 per person. With the large number of applicants processed for the Fire and Police Departments, the in -house testing will result in a considerable cost savings to the City. This cost savings will be further expanded as the Police Department will use the machine for their own investigations, both external and internal. HAD /pm cc: Mayor and Council 12/16/2003 13:56 5617981594 MTV PAGE 01 Fj" TRANSMISSION NrIV I14.00 FORTUNE CIRCLE WEST PALM BEACH, FL 33414 PH. 561 -798 -628© FAX 561 - 798-1594 DATE: DEc, 16, 2ooS To: 1ZICHAR.Dr.GEIST FROM: LYNN HANDYSIDE lF: EsixMAxJ6 #705 & 7o6 RicHAxD, FAX: 799-4559 DEYT: PALM BcH GrA"BNS P.D. NUMBER OF PAGES: (q ) INCLUDUir, THIS CONTERSHEET Here are the estimates you. requested with the GSA discount included. I am also faxing you info for the optional warranty as well as sole source letter and laptop specs. If you need anything else, please do not hesitate to call. Thank you Lynn 12f 16f 22G3 13:50 5617981594 NITV PAGE 02 NITV 11400 Fortune Circle West Palm ,Beach, FL 33414 NAME /ADDRESS Palm Beach Gardens Police Dept 10500 No. Military Trail Palm Beach. Gardens, FL 33410 Artn: Richard J. Gcist f i Estimate �EAT7­­' E* STIMATE NO. 12/16/2003 706 DESCRIPTION I QTY COST PROJECT � I TOTAL. 11400 Fortune Circle • Wcst Palm Reach, Florida 33414 • (561) 798 -6280 • tax (561) 798.1594 • E -Mail N(TV @CVSA1,com • www.CVSA!,com 12/16/2003 13:50 5617581594 NITV PAGE 03 NITV 11400 Fortune Circle `Vest Palm Beach, FL 33414 NAME /ADDRESS Palm Beech. Gardens Police Dept - 10500 No. Military Trail Palm Beach, Gardens, FL 33410 Attn: Richard J. Geist I DESCRIPTION QTY COST Estimate DATE ESTIMATE NO. 12/16/2003 705 PROJECT I � TOTAL 222.00 � 10,222.00 517.75 I 517.75 t $10,739.75 11400 Fortunc Circle • 1WeA Palm Beach, P1060 33414 . (561) 798..6280 • Fax (561) 798 -1594 • r -Mail N1TV@,,CVSAI,cuir • www,CVSA Lcum 17/16/2003 13:50 5617991594 NITV PAGE_ 04 Introdud ng SystemGue Ao -Fault Damage Protection Coverage! from Toshiba and N It is katown throughout the industry that Toshiba portable computers are designed for reliability... reliability that can handle most day - today bumps and scrapes. But today's mobile computing environment is hard on portable computers. Accidents do happmt A, portable can be dropped, damaged while wmmuting or traveling, or have something spilled on it. The resulting repair costs are often substantial and can exceed the unit replacement cost! Introducing SysWMGuarci the newest SelcclServ' service that protects ycut portable when accideats occur, SyrsfemGuard Overview SystoroGaard provides for tlu repair or replwcmcat of a Toshiba portable computer (one incident per year; in the even' of: • $pills Drops Dammagcd or cracked screen Eicct<•ical surges Any ac6denW darnage Toshiba does not oovcr damage due to fire, intentional Acts, cosmetic damage not afrecting functionality, loss, then, or oth<x "acts of God" (floods, earthquakes, Key Benefits of SystemGuard Avoids poteraially significant repair costs bW towering repairs or mplacement for accidcnW darnage Covers accidm tal dzm%ge duc to spit ls, drops, and power surges Offers flexible service delivery: depot, cw—,y•!n or on -site Provides substantial oust savings when combined with other SdecxSery extensions or upgmdes Available ror all current modol Toshiba potable co:uputerst SystemGuard SKUs Satellite series SBSGP3 3 Year SystcmGuard with 2nd/3rd Year Parts and L: bor Warranty l<r•tension s$394 SBSG30S 3 Ycar SystemGuard with On -Site Service Upgriide •$5l0 TOSHIBA 61999 Tbstift America tr*I9mtetlon Systems, Inc. An specraWnems snd avel abluty arm "blocs to change. All otter pruduCS ment1wed "trzownsPxw enver m9lztersa by Lneir mspecth+e companies. Fonnt Ss -Sr, ?Or89 7USHIELA AMHPoCA INKMMATION SMEW INC, CeropW* 8yateme D;Aslen p,9. SOX 19724, W.na, Ca11Y9m1,8 92823,9 24 (SOL) TOSHIBA - WWW,tW1,I?0ee4M - 12,116/2003 13: 50 1968 r 2003 Yeats 0f E.zcelleac� Executive Director Capt. David Hushes (feet.) West Palm Beach P.D. Rest Palm Beach, FL Director of Int'1Operations Chief William Endlcr(Ret.) Syracuse P.D. Syracuse, IN Board of Directors Ofair'mau. & CEO Charles Humblc Criminologist West palm Beach, FL Hugh Ridlehubcr, M.D, Forensic Psychiatrist Belmont, CA James Vallely,.Ph.n. k'orensic 1 ?sychologist Jacksonville, FL Thomas Joseph, Ph.D- Criminolog st St. Louis, MCA Prof. James Chapman Criminologist Elmira, NY Chief William Withers New 1Uhiteland P.D. Ncw Whitcland, E%T Instructors Patrick Flood, Ph.D. Sacramento Co. S. D. $W.rarnento, CA D/Cmc1r. l ob Martin (Ref.) Lower Twp. P,D, Lower Twp., NJ Lt. Michael McQuillan Prince George's Co. P.D. Landover, NID D /Cmdr..Bill Engelman (Ref.) Hatnilton Co. S.D. Cincinnati, GH Col. Robert Tippett (Ret.) U.S. A.rny U. Glen Foster, M.A. Atlanta P.D. Atlanta, G.e. Corporate Pilot Captain Takashi Yarnuzaki 5617981594 December 16, 20( NITV Richard Geist Palm Beach Gardens P.D. Fax: 7994559 PAGE 05 Please find the following specifications for the Computer Voice Stress AnalyzerTM: CVSA $10, 760,00 ..... .......................TRAINING S1,440.00(per student) Unit detects, measures, and graphically displays certain specific stress related components ofthe human voice. Superimposed on the audible voice frequencies are inaudible frequency modulations (FM) whose strength and pattern relate inversely to the degree of psychological stress of the speaker. Instrument Features: 1. Toshiba Satellite Notebook Computer Al 5-S 127 Series 2- 2.0 Gliz Intel Celeron Processor 3. Immediate Real -time voice analysis (no recorder required) 4. Automatic processor to display voice frequencies 5. C'VSA Software upgrades are autortlatically shipped free of charge 6. Voice activatidn/manual activation capability 7. On- screen questions appear as the interview is being conducted. 8. System is 89% free when shipped 9. 256 MB of SDRAM 10, 30 GB hard disk drive 11. 15" Active .Matrix Screen( 15" XGA Active Matrix Screen) 12. 2 StackW CarOus ready PC Card Slots with fast in aced port - Wireless data transmission.(Built in. wireless Antenna) 13. DVD- ROM /CD (drives may change without notice). 14. 1024 X 768 resolution 15. Windows XP Home Edition 2002 16, Toshiba Sound System with 16 bit stereo sound 17. lategrated V.92/56K modem 18. 1 Year parts and labor; battery 1. year warranty 19. Chart consultation for 2 vrs. at no charge 20. No 3.5 inch diskette drive Sincerely, r! Capt. David A_ Hughes (Ret.) Executive Director DAHIpm 11400 Fortunc Circle - West Palm Beach, Florida 33414 - (561) 798 -6280 - Fax (561) 798 -1594 - E -Mail NITV a CVSA l.com • www.NITV l ,corn 12/16/2'003 13: 50 C;elebrat g'� L 99� &8 2003 1 Years Of Excellence Executive Director Capt. David Hughes (Rct.) West Palm Beach P.D. West Palm Beach, PL Director of Intl Operations Chief William Endlcr(Ret.) Syracuse P.D. Syracuse, W Board of Directors Chairman & CCO Charles humble Criminologist Wcst Palm Beach, FL Hugh Ridiehubcr, M.D Forensic Psychiatrist Delmont, CA James Vallely, Ph.D. Forc tsic Psychologist Jacksonville, FL Thomas Joseph, Ph.D, Criminologist St. Louis, MU Prof. James Chapman Criminologist Elmira, NY Chief William Witter, New Nvhiteland P.D. New Whitcland, Ni instructors Patrick Flood, Ph,D. Sacramento Co. S.D. Sacramento, CA D /Cmdr. Bob Martin (Ret) Lower Twp. P.D. Lower Twp., 'Nl Lt. Michael McQuillan Princt Gcargcs Co. A_D: Landover, MD D /Cmdr. Bill Engelman (Ret.) Hamilton Co. S.D. Cincinnati, OH Col. Roberi'T'ippen(Ret.) U.S. Army D. Glen roster, M.A. At(ant& P,D. Atlanta, GA Corporate Pilot Captain Takashi Yarnuaki 5617981594 t�4I TV December 16, 2003 Richard I Geist Palm. Beach Gardens P.D. Fax: 574 -773 -4155 Dear Michael, PAGE eG Please be advised that the NtTV is recognized &,s a sole source for the Computer Voice Stress AnalyzerTM and its training program. The Nl"T'V is the only martaf tcturer of the CVSATt" and has no distributors.. A,dditioatally, there is no comparable instrument available on tW market in the U.S. Sincerely, Charles Humble, Ph.D. Chairman & CEO C):I/pm 11400 Fortune Circle • West Palm Beach, Florida 33414 • (561 ) 798 -6280 • Fax(561) 798 -1594 • E -Mail NITV @CVSA I.eom• www.NITV l.com 12/16/2003 13:50 5617981594 NITV PAGE 07 Professional Interview Cassette Recorder XI The perfect companion for the CVSA for interviews & real -time patterns & recording "A real tirne saver ", "Malice recording interviews easier ", "Make perfect patterns consistently" Studio Grade Professional Record & Playback System Make perfect charts of prerecorded interview tapes without using your CVSA microphone. Even in the noisiest conditions you can make clean patterns of those prerecorded tapes by directly connecting your CVSA to this Processional Cassette Recorder /Player using the specially designed direct connect patch cord. This recorder also allows you to take advantage of its 3 function record leveling control, Automatic Leveling, Limiting & Manual Control to help you get consistent patterns't Nile using the microphone, or while recording directly off the telephone line with the new direct telephone connection system. This studio qua;ity cassette allows you to use its internal microphone, or plug in your CVSA microphone to record and print charts simultaneously. Features: • Professional studio grade high quaWy interview recorder • Automatic Level Contrcl (ALC) •.Limiting control to normalize signals being recorded •Two way battery option - 'disposable or rechargeable • Large VU recording meter • 2 -Speed record & playback • Wall transformer /charger • Direct record patch cord connects to CVSA • Direct telephone jack patch cord for recording • Speaker onloff switch for cueing tape • Tape counter, Tone control • Tape selector for Norm/Cr02 /Metal tape types • 3 -way Microphone attenuator switch • Electronic Pitch Control to adjust for variations between machines, and to compensate for female and maie voices • Allows you to simultaneously print patterns and record to tape during a real -time interrogation • External jack for wall transformer /charger (NICAD batteries optional) • Plays any standard cassette tape (C -30, 0-45, C -60, C -90, C -120) • Large internal hi -fi speaker for perfect sound reproduction • RCA line level jacks for dubbing to another recorder • External jack for use with CVSA microphone • Built -in condenser rnk rophone Includes:. • Recorder • Wall transformer /charger • CVSA to recorder patch cord • Hook -up instructions • Batteries not included (option) Price: $545.00 For present CVSA users includes shipping and handling 114010 Fortune Circle West Palm Beach, FL 33 114 561 - 798 -5280 • Fax: 561 - 798 -1594 CVSA is a registered trademark of A(IrV Official Website of The National Institute For Truth Verification Official Website of The National Institute For Truth Verification. Welcome Our Company Our Staff Computer Voice Stress Analyzer VSA Comparisons Cost - CVSA vs. Polygraph Funding Assistance GSA Current Agencies Utilizing CVSA Real Cases Solved VSA Validation Studies Tom Endorsements CVSA Training & Class Schedule Advanced / Recert Training Investigative Training Training Registration VSA Associations t 2" 00 Pagel of 2 Our mission is to develop the latest in truth verification instruments, training and testing techniques and to equip the criminal justice community to identify the guilty and absolve the innocent. RELATED LINKS: Histo!y I Cases Solved I pricing I Current Agencies CVSATM Perfects Crime- Fighting Technology Unlike the computer polygraph, the CVSA requires T fi= no wires be attached to the subject being tested. The CVSA uses only a microphone plugged into the computer to analyze the subject's responses. As the subject speaks, the computer displays each voice pattern, numbers it and saves each chart to file. Unlike the polygraph, drugs do not affect the results of the exam and there are no known counter - measures that will cause the ubiquitous "inconclusive" results associated with the polygraph. The CVSA is effective in all investigative situations such as homicide, sex crimes, robbery, white collar crimes, and internal affairs investigations, as well as pre - employment examinations for background investigators. Embraced by the Department of Corrections, the system has also proven itself a very reliable investigative tool for verifying statements of witnesses, denials of suspects, and for determining the validity of allegations made against police officers. Micro tremors are tiny frequency modulations in the human voice. When a test subject is lying, the automatic, or involuntary nervous system, causes an inaudible increase in the Micro tremor's frequency. The CVSA detects, measures, and displays changes in the voice frequency. Truthful A state -of -the -art computer processes these voice frequencies and graphically displays a picture of the voice patterns. The CVSA is not restricted to "yes" and "no" answers and is able to analyze accurately, tape recordings of unstructured conversations. ,- CVSA Outperforms Any Other Method Lying Introduced into the law enforcement community in 1988, the original analog CVSATM' became an instant success at every agency that purchased it, solving crimes that, in some cases, had languished for years (cold cases). In other cases, individuals that were either untestable or had been called "inconclusive" on the old polygraph agreed to take a CVSATM' exam and subsequently confessed to their crimes. With results like that, it wasn't long before word -of -mouth spread the CVSA's reputation like wild -fire in the law enforcement community. Today's CVSATM' has been digitized and incorporated into a powerful multi- functional notebook computer. The latest version of the CVSATM enjoys the reputation of being the most effective investigative tool to be introduced into the law enforcement community within the past three decades. When used in conjunction with the National Institute for Truth Verification's (NITV rm) interviewing and interrogation techniques, http://www.cvsal.com/product.php 11/18/2003 " Official Website of The National Institute For Truth Verification Page 2 of 2 including its widely acclaimed Defense Barrier Removal (DBRTM) Request Information technique to obtain confessions, the results are swift and dramatic. "Cold" cases are solved by analyzing old interview tapes. The CVSA rm_ gets to the truth and accurately identifies deception, or validates Contact Us statements in the shortest possible time (average exam time is 40 mins.). © 1999 -2003, CVSA1.com. All Rights Reserved. Design and Hosting by AAA Web Solution http://www.cvsal.com/product.php 11/18/2003 M 'iMcial Website of The National Institute For Truth Verification Official Website of The National Institute For Truth Verification. Welcome .Our Company Our Staff Computer Voice Stress Analyzer VSA Comparisons Cost - CVSA vs. Polv�raph Funding Assistance GSA Current Agencies Utilizing CVSA Real Cases Solved VSA Validation Studies Top Endorsements CVSA Training & Class Schedule Advanced / Recert Training Investigative Training Page 1 of 2 Our mission is to develop the latest in truth verification instruments, training and testing techniques and to equip the criminal justice community to identify the guilty and absolve the innocent. RELATED LINKS: History I Cases Solved I Pricing I Current Agencies Voice Stress Analyzer Comparisions Device: Computer Voice Stress AnalyzerT M (CVSA T "9 Manufacturer: The National Institute for Truth Verification (NITV), West Palm Beach, FL Date Introduced: March, 1988 Number of Known Law Enforcement Users: 1,300_+ Price: $10,760.00 Cost and Length of Training: $1,440.00 per student. 6 days. Re- certification required every 3 years.," Voice: 561 - 798 -6280 Fax: 561- 798 -1594 Comments: This system was developed from the original PSE and has evolved over the years from an analog to a digital system which is loaded into a notebook computer. It is the only voice stress analyzer whose accuracy and ease of use has allowed it to be widely accepted in the law enforcement community. The CVSA is sold only to certified law enforcement and government agencies. Device: VSA Mark 2000 Manufacturer: CCS International, New York City, NY Date Introduced: June, 1978. Number of Known Law Enforcement Users: 0 Price: $11,500.00 Cost and Length of Training: A training manual is provided with the purchase. Voice: 212- 557 -3040 Fax: 212- 983 -1278 Comments: Sold mostly by catalog to novices. Company ran into difficulty after their outlets, the Spy Shops, were raided by federal agents. Device. Diogenes Lantern (formerly the Verimetrics 4000) Manufacturer: Diogenes Group, Kissimee, FL Date Introduced: May, 1984 Number of Known Law Enforcement Users: 2 Price: $8,500.00 /$7,700.00 /$4,700.00 Cost and Length of Training: $950.00 per student. 5 days. Voice: 407 - 933 -4839 Fax: 407 - 935 -0911 Comments: This device was first introduced in 1984 by Charles McQuiston and called the Verimetrics 1000. Although it was based on the original PSE, very few law enforcement agencies purchased it as it was very difficult to operate and its accuracy was never established. In 1995, the new owners of the system changed the name to the Diogenes Lantern and marketed it as a "new voice stress analyzer ". Sold mostly to P.I.'s. Training Registration Device: TrusterlVericator/TiPi, LVA Manufacturer: Sold under various names & by various companies: "V", Nemesysco, LEA Detection Systems (LEADS) VSA Associations Date Introduced: February, 1997 http://www.cvsal.com/pricing.php 11/18/2003 ;F Official Website of The National Institute For Truth Verification Page 2 of 2 Number of Known Law Enforcement Users: 0 Request Information Price:$29.99,$150.00/ $1,500.00/ $2,500.00/$9,500.00, $16,000.00 Cost and Length of Training: Manual is provided with purchase Contact Us Voice: 516 - 625 -5787 Fax: 561 - 625 -0988 Comments: On their Web Site under 'Hot Press Release' the manufacturer states that the Truster was used to analyze President Clinton's statement made on January 26, 1988 in which Mr. Clinton denied having sex with Monica Lewinsky. The Truster found that Mr. Clinton was telling the truth. In light of his later admissions, it appears that the Truster was incorrect. Other reviews of the Truster have found the same results. Recently the rights to market the Truster in the U.S. have been purchased by several different individuals and it is being marketed under several different names as "The latest in lie detection technology" and "The DNA of thought." Device: Psychological Stress Evaluator 4202 (PSE) Manufacturer: Dektor, Landsdale, PA Date Introduced: January, 1970 Number of Known Law Enforcement Users: 0 Price:$9,500.00 Cost and Length of Training: $1,400.00 per student. 5 days. Voice: 215 -631 -1448 Fax: 215- 631 -1449 Comments: This is the original voice stress analyzer, however, even in its improved form, it is still the old analog version and requires the examiner to record the test and then go back and manually produce a chart (this adds 20 -30 mins. to each test). The examiner must then analyze each response individually - light years behind today's technology. Recently, a private investigator named Arthur Herring III, acquired the PSE. The PSE is sold mostly to P.I.'s. Device: Baker DVSA Manufacturer: The Baker Group, Cape Canaveral, FL Date Introduced: June, 2002 Number of Known Law Enforcement Users: 4 Price: $5,995.00 (Software only) to $9,995.00 Cost and Length of Training: $1,000.00 to $1,250.00 per student. 5 days. Re- certification required annually. Voice: 321 - 799 -3634 Fax: 321 - 799 -3634 Comments: This system is remarkably similar to the Diogenes Lantern. Gary Baker, a P.I. that formerly taught for The Diogenes Group, left the company in 2002 and introduced his own system, the Baker DVSA. From the literature, the system appeared to be a very comprehensive and up -to -date VSA. However, after a careful analysis and rigorous testing of the Baker DVSA, it was determined that the literature was very misleading and the system appears to be simply a copy of the old Diogenes Lantern (formerly Verimetrics) with a few cosmetic changes. Sold mostly to P.I.'s. © 1999 -2003, CVSA1.com. All Rights Reserved. Design and Hosting by AAA Web Solution http://www.cvsal.com/pricing.php 11/18/2003 4, ivfficial Website of The National Institute For Truth Verification Page 1 of 2 Official Website of The National Institute For Truth Verification. Our mission is to develop the latest in truth verification instruments, training and testing techniques and to equip the criminal justice community to identify the guilty and absolve the *q innocent. Ir RELATED LINKS: History I Cases Solved I Pricing I Current Agencies T 10N Comparative cost of the Computer Voice Stress Analyzeffm vs. the polygraph Welcome Our Company Our Staff Computer Voice Stress Analyzer VSA Comparisons Cost - CVSA vs. Polygraph Funding Assistance GSA Current Agencies Utilizing CVSA Real Cases Solved VSA Validation Studies Top Endorsements CVSA Training & Class Schedule Advanced / Recert Training Investigative Training Training Registration VSA Associations Initial cost of system alone Tuition for 1 student CVSA POLYGRAPH $0 5,950.00 (software only) D,440.00 $5,000.00 Length of training 6 days 8 weeks Cost of room & board factored at $768.00 $7,200.00 $128.00 per day Salary for student while in training $866.00 $7,000.00 (U.S. average) Number of exams that an examiner 6 can conduct per day Average percent of inconclusive 0 % results on exams (average) Can unit analyze audio tapes for truth Yes verification? Do drugs, medical condition, or age No affect testing Known countermeasures to defeat the No system? Total actual cost to purchase 1 unit 1 4.00 and train 1 agent �- /Z) Zoo 2 30% No Yes Yes $25,150.00 http://www.cvsal.com/cost.php 11/18/2003 hfficial Website of The National Institute For Truth Verification Page 2 of 2 Request Information Contact Us © 1999 -2003, CVSA1.com. All Rights Reserved. Design and Hosting b AAA Web Solution http://www.cvsal.com/cost.php 11/18/2003 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 Date Prepared: January 5, 2004 RESOLUTION 11, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF A COMPUTERIZED VOICE STRESS ANALYZER (CVSA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Computerized Voice Stress Analyzer (CVSA) is an innovative device used to detect deception in the voice; and WHEREAS, the CVSA can be used for the screening of new applicants, verify suspicious allegations in criminal cases, and assist in. obtaining confessions; and WHEREAS, the purchase of a Computerized Voice Stress Analyzer (CVSA) will save the City money by bringing these examinations in- house; and WHEREAS, the Police, Fire, and Human Resources Departments have determined that it is necessary to purchase the CVSA. 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 purchase of a Computerized Voice Stress Analyzer from the National Institute for Truth Verification in the amount of $12,617.75 and hereby authorizes the City Manager to execute any documents necessary to effectuate this purchase. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 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 PASSED AND ADOPTED this day of ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILM EMBER CLARK COUNCILMEMBERRUSSO COU NCI LMEMBER DELGADO Date Prepared: January 5, 2004 Resolution 11, 2004 .2004. CITY OF PALM BEACH GARDENS, FLORIDA In Eric Jablin, Mayor AYE NAY ABSENT \\ pbgsfile\Attorney \attorney_share \RESOLUTIONS \purchase of voice stress analyzer - reso 11 2004.doc 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 29, 2003 Meeting Date: January 15, 2004 Resolution 16, 2004 SubjecVAgenda Item: Oakbrook Square Boundary Plat [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ N/A Council Action: (Total) Gro h Management [ ] Approved rtment $ N/A [ ]Approved w/ Current FY conditions City Attorney [ ] Denied Advertised: Funding Source: ( ] Continued to: Attachments: Date: [ ] Operating Paper: [X I Other Resolution 16, 2004 City Engineer Memo Submitted by: X ] Not Required Judy A. Taylor Dye Assistant City Engineer Affected parties [X ] Notified Budget Acct. #: [ ) None Approved by: Ron F City anager [ ] Not required Page 2 of 2 Date Prepared: December 29, 2003 Meeting Date: January 15, 2004 Resolution 16, 2004 STAFF RECOMMENDATION Staff recommends approval of Resolution 16, 2004. CADocuments and Settings\clevy \Local Settings \Temporary Internet Files \OLKB \4247y.doc 1 2 3 4 5 6 7 8 9 10 11 12 1.3 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: December 29, 2003 Resolution 16, 2004 RESOLUTION 16, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE OAKBROOK SQUARE BOUNDARY PLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Oakbrook Square Boundary 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 LDRs; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Oakbrook Square Boundary Plat consisting of two (2) sheets, prepared by Wallace Surveying Corp., attached hereto as Exhibit "A." SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 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: December 29, 2003 Resolution 16, 2004 PASSED AND ADOPTED this day of , 2004. 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 CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT \\ pbgsfile \Attorney\attorney_share \RESOLUTIONS \PLAT - oakbrook square - reso 16 2004.doc W Date Prepared: December 29, 2003 Resolution 16, 2004 EXHIBIT A VICINITY SKETCH (NOT TO SCALE) DEDICATION KNOW ALL MEN BY THESE PRESENTS that Oakbrook Square Shopping Center Corporation, a Florida Corporation, licensed to do business in Florida, owner of the land shown hereon being in Section 4, Township 42 South, Range 43 East, City of Palm Beach Gardens, Palm Beach County, Florida, shown hereon as OAKBROOK SQUARE, being more particularly described as follows: LEGAL DESCRIPTION: PARCEL 1 Commencing at the Southwest corner of the Northwest Quarter of Section 4, Township 42 South, Range 43 East; thence bear North 89 degrees,57 minutes, 20 seconds East, along the South line of said Northwest Quarter of Section 4, a distance of 1,101.47 feet to the intersection thereof with the Easterly right —of —way line of State Road No. 5 (U.S. Highway No. 1); thence, North 12 degrees, 00 minutes, 47 seconds East, along said Easterly right —of —way line of State Road No. 5, a distance of 50.50 feet to the intersection thereof with the Northerly right —of —way line of State Road No. 703 and the POINT OF BEGINNING; thence continue North 12 degrees, 00 minutes, 47 seconds East, along said Easterly right —of —way of State Road No. 5, a distance of 736.56 feet; thence South 78 degrees, 00 minutes, 51 seconds East a distance of 590.67 feet to the intersection thereof with a line parallel with and 590.67 feet Easterly from, as measured at right angles to, the said Easterly right —of —way of State Road No. 5; thence South 12 degrees, 00 minutes, 47 seconds West, along said parallel line, a distance of 613.19 feet to the intersection thereof with said Northerly right —of —way line of State Road No. 703; thence North 89 degrees, 48 minutes, 38 seconds West, along said Northerly right —of —way line of State Road No. 703, a distance of 603.47 feet to the POINT OF BEGINNING. PARCEL 2 Commencing at the West Quarter corner of Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida; run thence along the East and West Quarter Section Line of said Section 4, North 89 degrees 57 minutes, 20 seconds East 1,101.47 feet, more or less, to the Easterly line of a public right —of —way, known as State Road No. 5 and /or U.S. Highway No. 1; thence along said Easterly right —of —way line North 12 degrees, 00 minutes, 47 seconds East 787.06 feet to the POINT OF BEGINNING; continue thence North 12 degrees, 00 minutes, 47 seconds East 762.94 feet; thence along a line parallel with the East and West Quarter Section Line of said Section 4 North 89 degrees, 57 minutes, 20 seconds East 603.99 feet to the Westerly boundary line of Hidden Key North; thence along said boundary line South 12 degrees, 00 minutes, 47 seconds West 888.83 feet; thence North 78° 00' 51" West 590.67 feet to the POINT OF BEGINNING. Containing in all 20.35 acres, more or less. IN WITNESS WHEREOF, the above —named corporation has caused these presents to be signed by its ________________ and attested by its _ ___________________ __, and its corporate seal to be affixed hereto by and with the authority of its Board of Directors, this _____ day of _____________- 2003. ATTEST. Printed Name Title Oakbrook Square Shopping Center Corporation, a Florida Corporation Printed Name Title ROOK SQUARF. OAIi-B I J BEING A PORTION Or SECTION 4, TOWNSHIP 42 SOUTH) AND RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY FLORIDA. DECEMBER, 2003 ACKNOWLEDGEMENT SHEET 1 OF 2 State of Florida County of Palm Beach Before me personally appeared __________ ______ and _______________I whom are personally known to me or have produced _____________ __ as identification and who executed the foregoing instrument as ________________ and respectively, of Oakbrook Square Shopping Center Corporation, a Florida corporation, and severally acknowledged before me that they executed such instrument as such officers of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corporation. WITNESS my hand and official seal this _______ day of ____ —___, 2003. Notary Public My Commission Expires: Typed, printed or stamped name Notary Public Commission Number: TITLE CERTIFICATION We, Chicago Title Insurance Company, a title insurance company, as duly licensed in the State of Florida do hereby certify that We have examined the title to the hereon described property; that We find the title to the property is vested to Oakbrook Square Shopping Center Corporation, a Florida corporation, that the current taxes have been paid; that all mortgages not satisfied or released of record nor otherwise terminated by law are shown hereon; and that there are encumbrances of record but those encumbrances do not prohibit the creation of the subdivision depicted by this plat. Date: Printed Name: Title: SURVEYOR'S CERTIFICATE This is to certify that the plat shown hereon is a true and correct representation of a survey made under my responsible direction on supervision; that said survey is accurate to the best of my knowledge and belief, that Permanent Reference Monuments (P.R.M.'s) have been placed as required by law, and that monuments according to Chapter 177.091(9), F.S., will be set under the guarantees posted with the City of Palm Beach Gardens for the required improvements; and further, that the plat was prepared under my supervision and direction and the survey and plat data complies with all the requirements of Chapter 177, Florida Statutes, as amended, and ordinances of the City of Palm Beach Gardens, Florida. Craig L. Wallace Professional Surveyor and Mapper Florida Certificate No. 3357 901 Northpoint Parkway, Suite 117 West Palm Beach, FL. 33407 REVIEWING SURVEYOR DATE: This plat has been reviewed for conformity in accordance with Chapter 177.081(1) of the Florida Statutes and the ordinances of the City of Palm Beach Gardens. This review does not include the verification of the geometric data, or the field verification of permanent control points (PCP) or monuments at lot corners. BY: ------------ - - - - -- DATE:----------- - - - - -- Professional Surveyor and Mapper License No. CORPORATE SEAL: I NOTARY. APPROVALS City of Palm Beach Gardens State of Florida County of Palm Beach This plat is hereby approved for record this ______ day of -------- - - - - -- 2003. ATTEST. BY. Eric Joblin, Mayor Patricia Snider, City Clerk CITY ENGINEER This plat is hereby accepted for record this __ —__ day of ------ - - - - -- 2003. BY. Daniel P. Clark, P.E., City Engineer NOTES 1. NOTICE: This plat, as recorded in its graphic form, is the official depiction of the subdivided lands described herein and will in no circumstances be supplanted in authority by any other graphic or digital form of the plat. There may be additional restrictions that are not recorded on this plat that my be found in the Public Records of this County. 2.No building or any kind of construction, trees or shrubs shall be placed on any easement without prior written consent of all easement beneficiaries and all applicable City of Palm Beach Gardens approvals or permits as required for such encroachments. 3.Bearings shown hereon are based on the North line of the Plat of Meridian Park, as recorded in Plat Book 28, Page 51, Public Records of Palm Beach County, Florida, which bears South 75 57' 05" West and all other bearings are relative thereto. 4.This instrument prepared by:Croig L. Wallace Wallace Surveying Corporation 901 Northpoint Parkway, Suite 117 West Palm Beach, Florida 33407 5611640 -4551 5:Official Record Book 2780, Pages 577 and 587 are in substantially the some position as the more currently recorded Official Record Book 9450, Page 1857. Official Record Book 2780, Pages 577 and 587 are not depicted as these original documents do not mathematically define their position. SURVEYOR SEAL: REVIEWING CITY OF PALM O/ 1 K B R O O K S Q UA R E SURVEYOR SEAL: BEACH GARDENS: 9LIRV740569 MHUNCE CORP..TENSEEYID BUSINESS 901 NORTHPOINT PARKWAY. SUITE 117, WEST PALM BEACH.FLORIDA 33407 : (561) 640 -4551 FIELD: J08 NO.: 83 -225AM F.B. PG. OFFICE: M B DATE: DEC, 2003 DWG. NO. 83 -225 -8 C'K'D: REF: SHEET 1 OF 2 12' D.E. (0. R. B. 4004, PG. 0068) N.89 °57'20 "E. 71.14' 13 DETq �L 5 27 PG 243) A 345.25' 1 n I' Nt cam. Z cl: CI. cl: i N � O � 0 � cLdi� � W N � O O �I z L NI m Q W CN O Z ' � N W Q CL 00 10X10 Fz O Z � z co J Q � J. h LLJ 5i CL CL LLJ aj � of co o- m SN LO C z �iDE7,11L 4 \ I I 15.67' 248. 10 , Q�Q \ I S8009s4 E \ I S12gs0gw \ 12 p I 1 -J 4 �\\ j2sjy \ S80-09 \ I � DETAIL 1 N.T.S. N.83 °16'03 "E. 4.54' 1 L N.06 °4358_' -:.� / \ 15.94' \ \ DETAIL 2 N.T.S. 70 /7::) 7::) OAKJJ-1�00K S UAII�E BEING A PORTION OF SECTION 4 T az SOUTH) 43 EAST, CITY OF PALM BEACH GARDENS,� PALM BEACH COUNTY FLORIDA. DECEMBER, 2003 - PL .4 CE �' - HIO - - SHEET 2 D - S 7j °59'13 Sg'12'!N 3 = G. 243 - 112, E. 16.9j, 1039. 8 - S 7jsg'13„ _ 888 83' 3 �) - _ N -� 9 - S 12 "OS 09,w _ 12'05Og'E N 1 j 59 ¢8•, I I - 23, g2 % S 199 54 , = 77 5g E 12.0 °' 40 I - 1 1 12 °p5 r-1 ��E 1p 40 I I I 1j9.2 -� I 41 f'ARq - EAS LLEL W /TH I 2 F2 `o0 ,4 „ 42 TERL y R/ AND 590 , - 11_55,1 _ 7 �/jj W LINE 6� E _ 3" - _ _ _ _ I 4 O As I ' 7g 1 56.3 ;/ I W 127 60 - _ I 3 F STq TE /�OqO L y OF 7HC - I ; S 17 ° 5 J S s. ";2 os o 4s'w 9 Sg _ 1 _ "'2 °s �g'E so7 _ X502 44 I NO 5 2 2 I I I 5634 W. 12.00 7g -14 10E 5632 •w 3851, I 1 - ______ 3__ �N S 1 45 I S 1 s __ -___ 119' I 1 ' /V. 22`49,59,,W 46.,;2' L J 1 5 13 W. 296 45_ _ _ l V 59 38 E 12. oo I 4 6 I I S 1 j 56 3 S 7j 4g 59 E 46 1 12.00, 72 1 Ir 167 / - _ �6 UE 1 1 5j 433 w 1 1 _ 1 _1_2 5, p 4 `h N I1 37' L JI DE%A�L 0 Og E 4_17.84' _ G 2 3) I 'S78. \ 4� � l 1 1 S 11200 4 W.� 1433E 57•37' x\!80-09'54 �2�46� S, I I „w 3388 2 -__ U-1 nI I S 120 L J1 •2402�6� \ 6g 56' I^ 735 W 1201 2 P,A N I 1 'h RCEL S8p - °g' 54 " E \ \ `\/ N 2 31.32 \ / N1 6, \ \ ' 1 C4 rnCS 1 1 12' SEA �95q SEA",T �` Y (SEE NOTE Np 5 8 0O o 0 \ � co NO 2o.87 CP PA CEL 1 I (-906,29g 6 ORES 9 SQ. FT 1 L qNC R \\ \ .P NO .N� N 1 ' (O. R (IVO WIDT EASEMENT 1 B. 15 H) 12 I ` 89,572 p 1 PG 435 N.00° 1 1'22"E. 5.06' 4Q 9 I E 30. oo , P S. 00° 11 '22 "W. 12.24' 0 P X62.94' ARCEL 2 \ E. L. ANc / N 231 1 '22 "E \ _ _ , 499 287. 06, (0• R. B (/V O W 7 / )EASEMENT _ 57 U.S. H/ so PC. I N. 77 °59' 13 "W - - - \ GI� �' V _ I 8g 5j 20 ,E '3000, 35) 15.23' Ir I (R. P B 2, PC. N0. /_ - 1 (ORB 945 1 - I 105) , l s TA l 73 15 SEq COAST E 185j) / E RO,�� _ _ 656' COAST ASEMENT F N NO. 3 SEMENT \ 228. � S� EASTEI�,L y R /w LINE S 7 TE ROA DETAIL 3 N.T.S. _ ° \ / S.12°00'47"W.�- F 5.0' \ / 2.45' / 2.45' \ cc I0 I I(0 I NI to I 1 I iN / rn z co DETAIL 4 N.T.S. I � \ o DETAIL 5 N.T.S. LO of LO N 'I I 54.15' lso. so 'I P. 0. B.-I ' PARCEL 1 (BASIS OF BEARINGS, N. 89 °5 7'2 0 "E. 1101.47' S.W. CORNER, N.W. 1 4 & WEST 114 CORNER OF SEC. 41 TWP.42S., RGE.43E. (P. B. C. MONUMENT) OF 2 ABBREVIATIONS AND SYMBOLS 1 • i II = Denotes Set Permanent Reference Monument's (P.R.M.'s). Stamped P.R.M. L.S. # 3357. 2. = Centerline. 3. z , O =Right of Way 4. P.B. , U Q P.G.(S) = Pages. Cn z = Section. 7. TWP. = Township. 8. RGE. = Range. 9. U. E. = Utility Easement. 10. D.E. = Drainage Easement. 11. w ' � 12. A J 13. A = Central Angle. 14. W = Radius. 15. C.B. =Chord Bearing. 16. O.R.B. Cn ' Q f- R.P.B. =Road Plat Book. 18. L.A.E. = Limited Access Easement. 19. P.O.C. =Point of Commencement. 20. o I 21. P.B.C. z 22. F.N.D. = Found. � � Q 24. W'ly = Westerly W F.P.L. Z J J co 'I CO (.D J � I z J � II 'I I 54.15' lso. so 'I P. 0. B.-I ' PARCEL 1 (BASIS OF BEARINGS, N. 89 °5 7'2 0 "E. 1101.47' S.W. CORNER, N.W. 1 4 & WEST 114 CORNER OF SEC. 41 TWP.42S., RGE.43E. (P. B. C. MONUMENT) OF 2 ABBREVIATIONS AND SYMBOLS 1 • -in- = Denotes Set Permanent Reference Monument's (P.R.M.'s). Stamped P.R.M. L.S. # 3357. 2. = Centerline. 3. R/W =Right of Way 4. P.B. =Plat Book. 5. P.G.(S) = Pages. 6. SEC. = Section. 7. TWP. = Township. 8. RGE. = Range. 9. U. E. = Utility Easement. 10. D.E. = Drainage Easement. 11. D.B. =Deed Book 12. A =Arc Length. 13. A = Central Angle. 14. R = Radius. 15. C.B. =Chord Bearing. 16. O.R.B. = Official Record Book. 17. R.P.B. =Road Plat Book. 18. L.A.E. = Limited Access Easement. 19. P.O.C. =Point of Commencement. 20. P.O.B. =Point of Beginning. 21. P.B.C. =Palm Beach County. 22. F.N.D. = Found. 23. ESM'T = Easement 24. W'ly = Westerly 25. F.P.L. = Florida Power and Light CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 29, 2003 Meeting Date: January 15, 2004 Resolution 17, 2004 Subject/Agenda Item: Mirasol Walk Plat [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ N/A Council Action: (Total) G owth Management [ ] Approved artment Aki V L $ N/A [ ]Approved w/ Current FY conditions City Attorney [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [X ] Other Resolution 17, 2004 City Engineer Memo Submitted by: X ] Not Required Judy A. Taylor Dye Assistant City Engineer Affected parties [X ] Notified Budget Acct. #: [ ] None Approved by: Vana [ ] Not required Page 2 of 2 Date Prepared: December 29, 2003 Meeting Date: January 15, 2004 Resolution 17, 2004 STAFF RECOMMENDATION Staff recommends approval of Resolution 17, 2004. CADocuments and Settings\clevy \Local Settings \Temporary Internet Files \OLKB \4186zk.doc 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: December 29, 2003 Resolution 17, 2004 RESOLUTION 17,.2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MIRASOL WALK PLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Mirasol Walk 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 LDRs; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Mirasol Walk Plat consisting of three (3) sheets, prepared by Betsy Lindsay, Inc., attached hereto as Exhibit "A." SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 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 46 Date Prepared: December 29, 2003 Resolution 17, 2004 PASSED AND ADOPTED this day of , 2004. ATTEST: AN Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY L' Christine P. Tatum, City Attorney CITY OF PALM BEACH GARDENS, FLORIDA Al Eric Jablin, Mayor VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO \ \pbgsfileWttorney \attorney_share \RESOLUTIONS \PLAT - mirasol walk - reso 17 2004.doc 2 Date Prepared: December 29, 2003 Resolution 17, 2004 EXHIBIT A DEDICATIONS AND RESERVATIONS B nenw a JIW ALL 1sT/ BY IlESE PRESENTS that PF inrvs, LLG o Fr,,.w um/na uaefllt <oaronY. M. I.•r bra me land po th. Y/aA50t 1ALN and lYlw fn Secticn 3 To.a,h .,, ty.F Pon9,, IT "' Ell" Cf ly / Polm Bsacn. Clyden., Polm BeacM1 Loun tY• Flwlda. D.lnp the w pwarfo re part /c t 'fY Qe,br fOeQb, fal fav: Ill cells A. price) of 1 Q Ituuaa / Sctlon J.'T M,nip 4 $eam, d Rangaas 12 Earf; City / Fbl a.u<n cud PoIm B A Cabn lY. Fl.rlde, d . , "BeacA belnp; mare pw tftulwly'da ... lbed -,° /ol Ion; A p.rp. Comnen9', a1 the sod t of sold s udn ; th "o. rrortA f 1� 1A. BB'1l'Qf' R L olwp fns m' tl of: the ewlns.at ,neyvI nr (SE 1%) of Ild Sec flan 3 O/ t - ur eM3 36 f.." Mwcs Nw tti °1llb.anprtnn tBe.....dd pB rest !o c`d a 10. o p�ntfw f9htbl -nlY Ilne'o/ PCA de,rr /b.a'I1 Yfwte, 0/ ".'Llr <u /Y Court Book By, Pop 588 0/ tM an It, -,,I Mcorar to Ind /ar Palm %-I CeunlY. Fl or lOa, pofnt Ill. wl,, ma -1 M' BECfANIM of the hw.ln de,cr,bed portal If n[ cold thence Swth 7r JO'.0' het Il anp ,a /d north rlgntrolYldy lido o/ PCA Boul.r,ra, ell tync• of lea 2J feet to a point of Intwasct /on rim th, norm rI hf-If Y,line if PGA Beu+arard ca a 111bed In lA t tal a1gAt 4/ h; O d c a l Offl a l 1 R ord Book 2J99 Pipe 107J f 1 did -11. R '-e A B8 2y 0.T -h t l v th Id t p t 1- 1 11ne If PO'A -BOUT d raewd d l 0 //I 1 1 Re d'BO k 239A P- I diet / .BB 41 f t l Ih , In t ­Zr f 1 1 F r the p1.1 MI SN. PLAT ONE rww l In Plat Baok BA Pap. 1. If In ofd Noll Record .. N,.. .] SO 10' hat d P 11 p Id m Ight f -y Ilse / PGA Beal d I 0 th !A t 1I, 11 f Id T F, c ! t o/ 823 +0 f e l l m m t r a i d Tact F Q p- f f t tl I t m t 1 f If T ..I A r Ile !d 11.1 01 WRASOL PUT 6VE 1,p 1. e 1 p tn• t P IRASIphtrof-wy 11ne of ✓.p Rad a, chew, w III aald Olaf of M OL ArOE' melee 1A Ty J nq III did t Ile- If ­1 A and the I- lppnlbl -avY 11 Joy R d 'A / J' ­p p t (a) ln.ncs nor mraateruv and nw tAw,[.r )Y Alan9 - tangent cv ve looms nwmaaal uvinp a rlalve or 1T5 00 red, a rddlal rDear /rtp o /'NOrtA q'30'10' hat and I ­A11.1 Doyle / n+•Je'TO'. a eaeana. r JIa Ba / dt cl thence nor msoatwly 1 p. h of a 2VIt pant -w vv to tn• .outhsaet.A f 9 tll'a I/ 29.0. W /set racial bewlnd of South BJ'33'SB E t a o_ Eentral anp /• or i Jas . lh OI a a/s fence o/ JB0. 5J foot t to meest corner /Trac aAowi on fns _ plat or MIRASM FLAT ONE; mrn<s south Be'111 . I deport /., F- east 1 Ih- of -.ay line ar Joy Rood: loop the s01, line of said -dt J and ma scum I/ne, Rae[ C wa Rust p ,Ae. 'w th e -raid plat o/ YfRASp. PLAT Trac OlE vdl,tenev If IOBY.b /eel to lA. ,.um,uvt c Id t C n ad Dint a` In tersectlln rt to th, wstsrly Ilm+ted c rron to �a4yl �e4 Po9 n]Irjerlda Tvrnpf4e. as r.<waee m orn�roi ens Ee swtb Ol'JS'0.' h t d p t1 : said .,.'A 11- a/ Tract 0 elynq the odic wafer lY Il 1 . , rlghtrof -wY Imo of tA, Fl aside Turnpike, a dl,ta IF I- .3 /eel Io A. Po NT"ay BEOfNNING - _ Contalnln9 21.21 acres, or less. A. <a..Id to t bl ­­d Old p/ tt d Cie n d .1. hereby a QI t lb. I Iy d o Ib d 1 p p <y III low. 1 11 61 1 . h Cie 1. by . - d by PBC th LLG FI /de. fl f d use per cdep 1,. ror 1 1 one wall e 6 p p 1 + InnnwH oel/gatlon I FBC rA ill IFlwlao, If If O- IlaDlll ty cony, In sv cede re Ind I. me npo d „/dna, rl moot e sly f Palm Bewh Gardena. r2. r act T vs ono. he,ew: I. Aersby ded a-d IF, the perpetual i -ln elwny es/elter•d {ram Ina' p ➢ur t f 9eant 1tw Iow d by to I cwdw A u nr lrenre/e.d m ant fwl Q b t of Ilmfn;lw d t uc Ntafadn; ruD.tyn t' en, ,.era yr ma y t tl l (r ­-VII and ­I. td me .+ceytlon o/ ,lrtot /w trd alntenwce - A Tflc t, J ;d 4. 'a, an ` n'ry - 1. All by beer see ➢aDy � a�y)1 pe te Fl or toot 11�nt nancelobll <oxpdnya, a n spwa .rte a q,uen f 1O1BC - ` LL G anFl d h nA wfee Ilml fs�Ila01 illy calryanY. Its euttwaw, ene aril pn,, alAwf re . eo tn. cl ey or Polm eea<n cwdrn,. s Tract`; o an.. nar.w; la nwaey r ved -Dy ➢BC- Three, uq a Ftorldo tlmina llubfll ty o1a 'y s e oil ageant tr.Ct I hall ee fns Prr 11-1 wl J bllpallen'o/ pBC -mree, LL a Florida Ilmll.d ilaDlllly <waany, Its: u<ce,awa ene a.,lan°, rl lAOVt r co rd to m. Clt, eI PoIm BeacA Carden,. e _ )Imo tee v a y a L ca ,Aa. ndrvw. a n...D d.dicl ed le ma City 'Of Polm Beach Careen, /w mslpurpo,syof `t, i dna Jurlsdlctfyh ov occds rtgM1 tae % m. tanmbyP. evfnr sere.,, yre'n.rsey Inn >rv•e by PBC -rAr.m uc ' .III iinl tea Iloeurer <wlpanr. ror acape LL. one Moll ee Cie y .pIIIII wlntsnence Del rpatlan If PBC -mr,e, LLG o FT_ 1, !lml tea InD t. " •City^;. /n wa yr,/yn,. .I loose r . to rns efer I/ Pold B.acn MIRASOL WALK LYING IN SECTION 3, TOWNSHIP 42 SOGTH, RANGE 42 EAST CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA SHEET NO. 1 OF 3 DECEMBER - 2003 ester ,mn.peant wfntwonoe rus.ment and th. -weer nt • ahyw hereon, AAreeY r. .. tl-t -d t LLG', "Fl wlee lfMtae IIeDI11tY 'F.1' 1 / qanyp aM ell emintenancel )aft% ...roomI to the n IfJ lWqatna, and aA.11 De ma perpetual wlntrnwce PBLW.; 11G I FI'. fda II.I.d Ilbelllty covteny, e'anlp ,,,wt n ,o I. ms City If Pola ull lily .es .ant. . end. Aereax are hereby asdII.t.d In %nalu0ln `nstrucUw nd bmlMe I. o/ uullfy q cable - nvl,/w ey I- Th. fn,tallat /on of evlrfo,of othe lh. ,il,,, toter less rltn m. coatruct/on 1 l d i t -d m. cafes doe A...e „e A/ ey `colt ;QI tol6wcwatrU` IlItay mwf ne tY. IN r1TfESS lNEREOF. FBL m LLG a Flerlda Jilt- I /.ell /ty ca.panY• s aaue,a the, p is m bs alwad DY It vl« Orwfasnt and 11, a ;orate seal t D /flied I--�C y�paand .f th me sumo t of /te Board 101 ors, tAl. /pS. der LLO Rlnl Naa,= ItY''t i7, MrNi1MZ Fto tea timltre llbelllty conp<ny BY: -th *IIIIII. Prap•rtfes IITN£SS. _�' cF Id Clnpwatfw -a� h� Ya 9 r f lAr •. L Rlnl Nea - ". Cms a Iwr a ,. r +.,gene ACKNOWLEDGEMENT STATE OF FLORI. Z cOW?Y OF j.a f SS BEFORE YE pwswafly yppelred Oole G !blot.. Mo /, psr,onoily . to av r has ➢rldvicee a Alv.r ", Jlcens. a laentlnc.11on And ene Ma rrawtse fAV farepoln9 Irtatruant ya Yln Res(esnl </ the lA A ®rlcan Rw.rflea fnvea[w0. Inc.. F1Orlau flit, Ap.A a ms M,naOel Of W- Rlraa. LLG o Flwlda llmth" Ifabfll ty coatany.' and svverallr oeknorndper m end bI.. a toot As a.<u'ee eh Inelr✓ant 1 , <n II/ICer of pale c1. A. Ian, ene "'. Cie s..l I//l+ed m ma fwegolny Jn,fruant fs he cwlwal. „11 ar .altl < Para! /on and mat It . alnr,e fe ,ale .eptt uy cwpwefs wmwltY, Cie mal va /d /. Dy do e oAd !A e11-1 ue Re. Ind coed .r ,eta wrlwatien and llml tad Il aef )l ty cavp<ny "rrw/KiS cry hpnd and ern <IO / see] Inn 118, day or w.6o Too >. _ - . MY cooryl 1 al •XJ15 %s OO'J • ,�, CO®twf<, Ih �S 4 //o V. Intl BL HIM, hbtwY lDelle- Sme�gy�ro eo c, Lbal.alw Nx o Aj �f4 �YIn IMt MORTGAGEE JOINDER AND CONSENT STATE OF FLORIDA jtt. C0I8IT/ CF LEE I Re wdsnlpned, an I'll, Bonk, I A. o.w one Ao1Qer or mat car min hrtpape Dy IiBC -arcs. uG Ftar /de llmftrd Ilob/ll ty eoepany In /Ivor ./ An Trvel Ban A. one /de /nq In evece— Old vs /pee, dated FaDruwy 11. IOQ; and recweed - IT. 2001 ,n Or /Iola' M<wds Beet 1.913 Pop., .T] lhrowA I]B, lnclu, /vs, a, %ur.e ey IAet Condttl anal -III -M / L2,rr, aanb n0 Ron, ieve eat. r.cwaae In 0111<lal RRN -dd. Book 1191a ft 11 hra1&0 1.3 nV/ JV., one m.t tI LCC Flnawlnp S llaant eyy P8C -IDree. LLG l Flwle 11-d Ifab/I /ty'.ZVIy, In favor of a R✓at Bank, lncludl.. in ,u ene yaass /pea, rwwtl�¢ moron IZh 2003 In 0//Ielll Rewrde BeoY IIY13 ANPoIm las1Ai Caune"7, Inetusl ve, all of me PoDI /c hoards of y, Flwlda, hereby J.lna l0. w •nn to and °vb.rd /natr. me 111. a/ th. wrtwas to this pf moll Yttrr IrhN.111 -d .1) d.dleatfwa, rove v lion,, one a a /N 11,NESS A EX1W. IA* und�relpn.d h ` au ad'tl�E�fi rer.nn to De+<�nQ. by Its rYliy wtAwlred o/n rmn day oI 200 i son mare eyn4 ft dKP will Ilm • wit. r. d,. wont Tltl. ` �1•�'� •°•C-�•��DY SITE s � POn Ba4E,Nm LOCATION MAP _ ACKNOWLEDGEMENT ST OF FLORIN 7Sp COIAVIY LV' lEE I ��1� /rI1�4 �� �� �� BEFMB YF Pe _1lY appeared IIB�. M, la psr,w lly knows toe, lr hue pr'duese erl rev's Ilean,s a t:d ia1=9 m,Raan SURVEYOR'S CERTIFICATION eenur/ f e dna Me , Ih. G.wvrr> <iti.� of DUh T ..I Bank. ene .ewr nr aa4naneepea to one ..A. a mot A1A..,utsd wan (1 tr -moot .a such I//len o/ solo conk, ,rte toot Cie es11 aff1 [e toe 1. 11ny /nrtruant le m. ,sal of sale D,nk d mot It w IIf I to ,old fn,RUant Dy sus and' q 1 umer`fty, ene mat cola /nrlruant /, Inc Roe Ict )Ale I, 'la car tlfy toot the Plet' anon hlrlw wa prepared and y0' at', ct /oN fupwr-, end o true and <orrrct Ind sold Dank. ,,,t v r.preeaneptlon of y' d. under my rr,pona/Dls 1All Al... IM , ,uparvl,len; '1 rt 1, ace ✓rots to coat el All Aedge - J[f RES9 ,Y none one o/flelul awl tote s% - daY If J V�yyM� 2003. - dna e•1 Cif, the . wt Reference hnuanta ('P. I. e'), Poranwt 1A. . f Polnfa (. c one'Y1n 11t, acawelnp to CAapter IrT. �.'>- �♦ s. 1/ dY D / -(^t )<ya� . canal Iw .xpfre . '� Ceat,rlaA Nw YD iGYY]> n /{, })sr.,+L -p, (9). .t (p) F S nave b pt - doe a 1 d Y lore and,- Ivr mar, met IF IA Pl t aspire Ito 11 'IA. pl t 0 Y rspulr.sn lr II CA pt r l 77. Bt t tea, andsG and m rtllnwe•e If Ins FriA.a"f Rfnt Nut I. B.wld at or Poln: ene n cardna, Fmrlaa flw/do N,twy NbllcSDp _ - _ lY)TU19t� Ut - CITY OF PALM EI zee m Lrne y P. S a BEACH C. 1 ROENS SEAL o/ ,lapel Surveyor dad ✓epper - Fto,ida Llcenve TITLE CERTIFICATION • zoo im to It s I. I B. Tspvst0. Flerlel "ItI9 Cwll /leafs of AUtnwI-11n ,WmDSr L68352 - STATE OF RORIOA 7 _ couNrr of LEB• I I st yb E TAa,t`an, er tAa l.r firm of PoebN P Andrea,, o - - 1e 1 / I + fyuvn. oe Iy-g llcene.a of mrn,Y In Ilia V. rpartY. ltna[Ilhflnd to th. title. ta'm. ASraon awcrlbsJp melt /tI. prep•r IY n re tea In NBC- 1IWI:F`LLG a Flwlda Ilm/IVd Ilobllll, NOTES ._- . REV IEV INO w.pwY; m m r,en [. tars her, Dsen P., mat all mar l9ape. eel s 1 fl d leewd a/ wd nw om,raDrn. tsrminatsOaDy out 8.or1Ap: A - ,slat /vs to the nwm rl,At of soy Ion. of _ SURVEYOR SEAL lyr are ,A.. h.ieon; and matt of r those ene mDranc.r do oat proh101 tr me <r ytlenre/ tAa avDal vial. show, ,PGA Bwl.rwd .1.1 Dear's North 88.21'05' het. - d,Plal,a by role pill. - aasns! Andre°, sCPE4j.l BuIMM,, Se e . Jt I.M., shell D. n1 1s coon required Dy Cl tr of -- o lope( wal asaoalat /w PoIm BeocA Conaena. F)w /ea Ionlnp Repul all one. oac.d: f8� . 2e a3 B�. mere eAII1 be no I...° o .Arne, FIc d on ulfllly syd ant 'M /c� y 0 seepnen� h 'd.' f esters dna ones . r apes ar.lwp.. eenwta. tLMF and Yanapinp partner - Flwlda 0n /CN Llnascapinp on other vulftY sd .dote eAaA. De a/lawd on1Y after ewrwt of ell utlll ty co?panlee a cUlYfnp me ,ya REVIEWING SURVEYOR No / hell b 1 d on I. k Yyl E t- NORTH. ERICA,, PROPERTIES ElllmoIt, /o ftblic Utlllti ] m / t d INVESTORS. INC. SEAL .I. Plat Aa. b .rlswd /or a.rermft In aaordanee den Y sn Utility Cie d nave• .. 61 /..... ant. t.4. II o, is w yv CII11 Nr 1T1. 09t o/ 11 F/wl.a st t f . and 1h. wdldon<ea df UA. precsdwc•. ' ms City .l Po1m ft.. C,Oena. rot iwvnr ddea wl /oche. ene v.rl /i t /on -of ene q.-Ila dna w tee /Istd vsrlf/cdtfw o/ 1N - Olanal ohs eA,. h era ....If d/rtancs na y s M feet ene Ywuant ul lot a dsclml P. M / Irp, dr. b den me den Ili of Oota: mraao,.reLLN 7yypT aeoptsd 0Y - ms Lti,f O St.n Bu ,v eI Slan -. end ror I. IA. `�'G�hwlrentel one , R(`�` a Xowrd P,kw, pl _ P Ft, vM Ra/esalwyl SLr ya and hpprr' Ftar lea Llcsnw -.r LSMlJ NOTICE THIS PLA1, AS RECORDED IN ITS GRAPHIC FORµ 15 111E OFFICIAL CEPICTION OF THE SL VICEO LANDS oESLRIBEO /HRi1N AM I'LL IN AN �)S CIRCIMSTANCES BE SIAiYANTLTI (N AUT/A.Wl Tr 11 ANY OTMR CR -to OR OICJTAL FORM OF THE PUT. RD].E' BE -111 -L RES-110NS TNAT APPROVALS a MMr� MI �ry "IS aAr rw r MAr BE FaPm IN E W& lC SURVEYOP 5 SEALt': Lf IY eI PoIm Brash core•,, - eevney er PoIm B.wn. FloQdl , Mt, Plat f, he by opp,..d fw ­­d the soy of By - Er1oJaell0.. Yeyw Attest - - - Potrlcla Alder, City Cl•r4 - THIS I- RA,ERY PItFPAREO tn: City Enpinwr: EI/zab.th4 4, Ow- P.Sµ TAI, Plet Ir berrby da<wtsd lee noose 01, day er RO /,,,.anal Arvlyw and Ydpper Florida Llcenu /Hwar LS4724 Canl.t P. CIwR, IE., Ct ty En91nwr BETSY LINOS,1. 1hY. Toe xIr en. It , I. I B T•w••fa Fiwldo JJ.B9 Lsrt// /eat• e/ Autnorli.tloA f4aDSr LBBB32 Y �' COYPIIIm 9 prUxR JAO OxECKEO APMVM "y SOBN0. M -Y6A11 - MIRASOL WALK it LYING IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST ARLx61M 1 CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY; FLORIDA ad.R9. a `cad r SHEET NO 2 OF 3 yr DECEMBER - 2003 tRAnr id . 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' ooRO,xr � ucEto Dx S x. lk P9 d. cN cxn n'i euly court. x maxim— nzse'uw izar��1 : f irr (� oii'ii s)W sBf I GRAPHIC SCALE er �xz1m'av a9s -- I b'a un lnui a iRAa A AYO - - r J stxl�v env 4j p n;,z r j usr RA' Iva ar ac xow I � . - n •. ,a _ - ... ° - "'�+•.ssy xiar .n• - $j�a °OO I1 ss', wnrAVS Nmd { ,� °.'IIS IR DETAIL 5 ((mwacu)�� snsa Aou YAiL i . 6a .K, 3 f F (m(ap Via• N.h a� A�QffS 1RACI3 M:N7 ns Aatri r I I Tons 24x Aaia I G.1 I. n TAI �1; / R: Aw 0.49M'4C L•1PbY (TQ _ i . N6411(01 xdPFIRYIR61 LVWId \� ' / - I, -.A I (F 1RACi F i 5 SS 1 gg 6 dW \ i 3 \ Mr NII.AE \ 5 a 'o. \ 3J �7RACT 11 \ I ` I - :...,xAC \." _s_an_rx4 LRAay 6dESI•F 119.16' �__ zs' u+ascYS Nmd jib. b = NPAS4h -__ viAT wd�vAa: i4 \� \ TRACT I �� \ a' LvuscsTE Nmx ' 895.616 S.F. L. 4 - (COMMERCIAL PARCELS) 3T N.LL E NA1FD AaFiS r FNr � �.. I •M \\ I .I. 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Il§ w.w v aza /1n. vcro . gga , (ax otrAU I EANYdr 1T unzn' atiud,7l- 2163vciz29 TAI egsx' �; (WATER MANAGEMENT TRACT) i Amndu R/R As rtR ono zw9, va ion & 41 y "(SEE aiuCi o-anNa• $ / 18 \Sx'•� '7Y; d' — — g uY`. '-' ��u= POINT OF BEGINNING W) aR8 61C MMArOWBrP42 same Rzxoe 4: EAST assX 2 ii a 'o. \ 3J �7RACT 11 \ rTRACT 3 cur .TRACT 2 \ 7`, c 3T N.LL E NA1FD AaFiS r FNr � �.. I \\ .I. O _ I t a IX Fpn• FA4)fllT coda- -XO777---- - -- - __ -s_ -_ Ur-r - - 1R.S.5T0 PP BY r riYE -- - 9xaN sausi•E 16s.m R- Saro- m,ysi' Nze:r v s v ' m:v ✓ 5 `Y°°� -- R =11300' O.II45VC, UB7.AY� \ 1 5' IIY11fD AClE63 FASdfTlr r TRACT 4 ,p TRACT 4 TRACT ,A, ae .��.$ \ i? 77,103 SF. ( 52,171 S.F. 7PACT 5 \ 15 (OPEN SPACE) OPEN SPACE) n ,a E1411d1 24.652 S.F. Il§ w.w v aza /1n. vcro . gga , (ax otrAU I EANYdr 1T unzn' atiud,7l- 2163vciz29 TAI egsx' �; (WATER MANAGEMENT TRACT) i Amndu R/R As rtR ono zw9, va ion & 41 y "(SEE aiuCi o-anNa• $ / 18 \Sx'•� '7Y; d' — — g uY`. '-' ��u= POINT OF BEGINNING W) aR8 61C MMArOWBrP42 same Rzxoe 4: EAST assX 2 ii W) aR8 61C MMArOWBrP42 same Rzxoe 4: EAST assX 2 ii S axAnJ uD 3 n1EMD ii APPROVED JOB N0. 21 --m . MIRASOL WALK D / irI LYING IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST d CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA I SHEET NO. 3 OF 3 °a REWw6DDt i DECEMBER — 2003 jM RINI- a " -pAY a iRALf. NRIIC! Mi RII YY.aE A1FR Y4Ua1@Ir VNN,OYAN� EASEYpYr I � YLN.AE Ir YANAQYp,T ACC'A [ mlp,l // IIDAHIO GiFA CA41p(r 111ACT C a D PFbIAYEM YDElmlff Cx1Ae]'Ji 3T (FE[ ttTAE 6) Rb1 PIAi n`@ - 1' EftiCilF YDtM111 Nd AUAJLMW I' / S(AITN 1➢E a 9ALTJ �'T UOr PA2 H 9A.LT 0 a OIX RAw4p EFRT ILYIIeA . WG' - l9f�x) I _ SDJM UIE ff IRIKTC FAR IK ff D<001/'N' . seSlP36'E 3215' I t � Y Jq ' / _N-IT-X- 3A_4 - gxS4OP n�xA 1�_ 9) 1 iRlt w,,- S0IDMH taE2 1' O'.Ot a S88'24'56'E 1067.38 nAT IX �a E IYIJ — - - - 1i us--w A CTO 11 (((� SeB1'v Jx0.,. -- .'•`•m-- •�, -.•_ � -,_•,_ •�Y— — — — — — — --I 1)1 w Wffil'4£ B,�„FB J I J. to b sa I I RllAa¢D w1rtR�fAVarIr�A4T"_. fI I/II � 0AIiIAEA Ri3Bl WiEY AIO �'/ �- ._��Sl14ex1Y' N ix�lj I gg. I p Y - fAR UIE ff 1RACi A AND SEYFR FA! DETAIL 6 fr� o�"' / FAR SM I;IE O-Aw Irow yg h ' Srr•r. 1'.3D y� -. 1'p I� 55' V.NDSCY£a6iW . B OM I I I S,TJBat Ina', � D � I / NIaIYlE 1200', II ! _ NJA'pJ(CQWr1[1nd�_ I II xIOM'31'e12W'- xfi3Y2YY II.OD'- jI !I�'OBe' 1xa1�� 911 I '1- �{- s•wmnACass [.purr ( I I M0VC31'E us'! IuT_I�.vu A¢ \ xwz sa - f - � I 35' 4xO5CAPE RY,FR. j R- 175.00' G4 ' 0= 111'36'20" i l L 340.88' I EA Rah IawE rc ioc at4ow � �% �/li (I s�mN0131•el nei aN i AP 44 i \ I � 1sp 1 lG9 Y6]519'F U81 �1 I f �$.. ' 's�J.sie't3ad' I 1� �9eJa'Mt laao' II �xmaldt l2au �`'ly�� Sb5510 &. r, Ili F yyFi N� TRACT I �7 25' WY)SCAf£ DI6{Fq —�_ _________ _____ I -- SQI1fFACFCWQRff iRICrO II, STATE OF R CDIMTY OF P r earaknt rac on °vrQ.°: T � DDRDTIY H Clerk LircO GRAPHIC SCALE Br g xme mr'n 3 I} I IrYAIr Aw SEIER EASBEEBBr I � � `�' - 45�[CaaO:_' - - - -- rd[YSeD` "s�li'so'Fnir' (( --------------- _ _ IIIk� �99r1D'Y nss' tza'- _s�zA3CFinai j smz sot ,save l.� r� - -N—WE zad LBnxlo�w t�o'e ,>.aa L _(xmasrot inla ex "o-c bpi TRACT 1 smss',a�1Ai 1200' - 'I ulu,r FASD011r .- unrtr xeraw sssw X / i I 3 S -- -- — -- tltIlkev✓ — — — {/I < ...• x S0t3e 13 R J O Alm ^ � I 501�1'JCN 4.18 I 11Ba•JJ'snv AeC i ! p - ' S mt+matrE a,o' / TJBY [��IT cl TLAR S �/ �.\ Ni3'3BI0tlIUS• ,RAtix To uluI Ek1.0T) 3 / \ TRACT 4 seazrast Ia1D �` ItIF t0 UIIIJIY ! YYFIin / scut r..v TRACT $ �' I i (' � - Fm�i•JrY A2a5 /I sEUiE�B EE 6!6691 yII L - SI _ __ __1�seazslxLsa,B uaiswtMW(1EmVIA.Wx'Ar[ .Dtt) — POINT OF BEGINNING . - __�_��x _ _ __ i _ _ _ — - SO'46-'N 160.23 na1 ^' Ru ALff59 N88'27 05 W 468.41 S71 - H 5 DumB xana laver a w!r IAE xmvat saes' wuM IM a >9 �ilrffaTm ff NOROi 901r a rAY IRE , ff g Ve a sECron 3 ff PDA Itl9FYAlm A5 I�x AO� oP PLr'`'ro Pr ToFr� x s. Roza Ax [ sgnJR1 x EASrZ ._ _.._ _ TRACf Z worts a nE oRDAT oz1xT _ _ .._. altepss Pc oL PAa sse xem'mv snsse' A0DIp1AlF ASffR - -- -. _. (ADDITIONAL R/W) o31a ass. �n ,m.3 .._. ._ _. _ .._.._�.._ _ _ _.._ _. -3- z 10 1 gl w eor�A® OW, °� C IoE.vB�nas, ,a rvu FAgtaxT �. a¢a 3m. Pc,B 1 �� �- 1X15 Is51RU1RNT PREPARED BY j- EJI xh A !1 ✓ Y P. S IE _ aM pCVi a rAr UI£ Or 1G1 aDTff AS Fr 1 aslonal 51 r one NcpP riwle. u. .. JaJ�.r LSM4 _. I - {_ PFR OAlt e M PG SW - PGA BOULE BErsr IJ Y, IM - .._.._ _.._.. ,( RB. ,q 209 WM Ua I. /d TeOUeeta, F! 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YYFIin / scut r..v TRACT $ �' I i (' � - Fm�i•JrY A2a5 /I sEUiE�B EE 6!6691 yII L - SI _ __ __1�seazslxLsa,B uaiswtMW(1EmVIA.Wx'Ar[ .Dtt) — POINT OF BEGINNING . - __�_��x _ _ __ i _ _ _ — - SO'46-'N 160.23 na1 ^' Ru ALff59 N88'27 05 W 468.41 S71 - H 5 DumB xana laver a w!r IAE xmvat saes' wuM IM a >9 �ilrffaTm ff NOROi 901r a rAY IRE , ff g Ve a sECron 3 ff PDA Itl9FYAlm A5 I�x AO� oP PLr'`'ro Pr ToFr� x s. Roza Ax [ sgnJR1 x EASrZ ._ _.._ _ TRACf Z worts a nE oRDAT oz1xT _ _ .._. altepss Pc oL PAa sse xem'mv snsse' A0DIp1AlF ASffR - -- -. _. (ADDITIONAL R/W) o31a ass. �n ,m.3 .._. ._ _. _ .._.._�.._ _ _ _.._ _. -3- z 10 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 7, 2004 Meeting Date: January 15, 2004 Resolution 23, 2004 Subject/Agenda Item: Approving a non - exclusive easement in favor of Seacoast Utility Authority for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the easement premises at Fire Station No. 5. [ 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 Aed b % 2� C Ci Manager x ] Not required Date Prepared: January 7, 2004 Meeting Date: January 15, 2004 Resolution 23, 2004 • BACKGROUND: The improvement construction to Fire Station No. 5 has been completed and Seacoast Utility Authority is requesting the City execute an Easement for the operation and maintenance of water and sewer improvements at Fire Station No. 5. • STAFF RECOMMENDATION: Staff recommends approval of Resolution 24, 2004. 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: January 7, 2004 RESOLUTION 23, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A NON - EXCLUSIVE EASEMENT IN FAVOR OF SEACOAST UTILITY AUTHORITY FOR THE INSTALLATION, OPERATION, MAINTENANCE, AND SERVICE OF WATER AND SEWER LINES AND APPURTENANT FACILITIES IN, ON, OVER, UNDER, AND ACROSS THE EASEMENT PREMISES; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has completed construction of improvements to Fire Station No. 5; and WHEREAS, Seacoast Utility Authority is requesting the City to execute an Easement for the operation and maintenance of water and sewer improvements at Fire Station No. 5; and WHEREAS, the City Council has deemed that the grant of such Easement in favor of Seacoast Utility Authority and 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 City Council hereby approves a Non - Exclusive Easement for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the easement premises, located at Fire Station No. 5, between the City of Palm Beach Gardens and Seacoast Utility Authority, and hereby authorizes the Mayor and City Clerk to execute the Easement on behalf of the City. A copy of said Easement is attached hereto as Exhibit "A." SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 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 BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: January 7, 2004 Resolution 23, 2004 day of , 2004. CITY OF PALM BEACH GARDENS, FLORIDA My Eric Jablin, Mayor AYE NAY ABSENT \ \pbgsfile\Attorney \attorney _share \RESOLUTIONS\seacoast easement - fire station no 5 - reso 23 2004.doc 2 Date Prepared: January 7, 2004 Resolution 23, 2004 EXHIBIT A Easement Deed between The City of Palm Beach Gardens and Seacoast Utility Authority hIN C Consulting Civil Engineers, Surveyors & Mappers 2090 Palm Beach Lakes Blvd. Suite 600 West Palm Beach, Florida 33409 (561) 684 -3375 Fax (561) 689 -8531 www.lbfh.com Letter of Transmittal To: Scott Fetterman Palm Beach Gardens Fire Rescue V� Q� � RE: PBG Fire Station No. S We are sending you: ® Attached ❑ Under separate cover via ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Copy of Letter ❑ Change Order ❑ Date: 6/11/2003 AFS #: 00 -4173 the following items: ❑ Samples ® Specifications Copies Date Description _..._..._.._............_...... _ . ............_..._.._._....__... -.._........_..._._....._......... ...._......_...__._..........__ ..... ......_._.._................... _ _ ........ . ........ . ................................... .......... _.__... ...... ---- ........ ...-...- ...... 1 SUA Easement Deed Form 4 6/10 Legal sketch/description for Utility Easement (SUA water line) 1 Transmittal letter to SUA These are transmitted as checked below: ❑ For your approval. ® For your use. ❑ As requested. For review and comment. ❑ For bids due: ❑ Approved as submitted. ® Resubmit ❑ Approved as noted. ❑ Submit _ ❑ Returned for correction. ❑ Return _ ElPrints returned after loan to us. El copies for approval. copies for distribution. corrected prints. Remarks: Attached is the SUA Easement Deed form and legal description for the SUA utility easement. Please forward this to the legal department to complete. Once complete, please transmit the form and one copy of the legal description to Jim Lance at SUA (attached is a transmittal to SUA for your use). SUA will have the easement recorded and will return a copy of the document to you. I've also included three additional certified copies of the legal description for your files. If you have any questions, please let me know prior to June 14, 2003, as I will be on vacation through June 29, 2003. During that time, please contact Denny (772- 260 -8310) or Tom McGowan (772- 219 -2825) if you need anything. Tom McGowan Denny Peterson Signed: I, �a, ,,, 6, j � Mel nie A. Straub Partners For Results —Value By Design Return To: Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, F133410 EASEMENT DEED THIS EASEMENT DEED made and entered into this day of ' 2002, between (hereinafter referred to as "Grantor ") whose address is and Seacoast Utility Authority (hereinafter referred to as "Grantee ") whose address is 4200 Hood Road, Palm Beach Gardens, Florida, 33410. WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual non - exclusive utility easement which shall permit the Grantee to enter upon the property herein described at any time to install, operate, maintain and service water and sewer lines and appurtenant facilities (the "Improvements ") in, on, over, under and across the easement premises. The easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A ", ATTACHED HERETO AND MADE A PART HEREOF Grantor shall not grant additional easements or other interests in, on, over, under, or across said easement premises without Grantee's prior written consent, which will not be unreasonably withheld. Neither Grantor, nor any other person claiming an interest through Grantor, shall interfere with Grantee's utilization and enjoyment of the easement, including the construction, preservation, maintenance or replacement of Grantee's Improvements. Further, Grantor or any other person claiming an interest through Grantor, shall remove any structure, obstruction, improvement or impediment which, at any time, interferes with Grantee's utilization and enjoyment of this easement. Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of any mortgages that are prior in right and dignity to this Easement Deed. Furthermore, Grantor covenants that there are no encumbrances of any kind that would prevent Grantee's full enjoyment of the easement. This Easement Deed, and the covenants contained herein, shall be deemed covenants running with the land, and shall be binding on the parties hereto and their successors and assigns. Page 1 of 3 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. WITNESSES: Signed, sealed and delivered in the presence of: Witness Signature Print Name Witness Signature Print Name STATE OF ) COUNTY OF ) GRANTOR: By: Title Print Name Title The for instrument was acknowledged before me this day of 2001, by who is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this of .2001. Notary Signature Print Name Notary Public - State Commission No: My Commission Expires: Page 2 of 3 MORTGAGEE JOINDER AND CONSENT The undersigned Mortgagee does hereby join in and consent to the granting of this Easement Deed across the lands herein described, and agrees that its mortgage, which is recorded in Official Record Book Page , of the Public Records of Palm Beach County, Florida shall be subordinated to this Easement Deed. IN WITNESS WHEREOF, in its name this day of WITNESSES: Signed sealed and delivered in the presence of: Witness Signature Print Name Witness Signature Print Name STATE OF COUNTY OF 20_. has caused these presents to be executed By: Print Name Title: The foregoing instrument was acknowledged before me this day of 2001, by who is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this of , 2001. Notary Signature Print Name Notary Public - State Commission No: My Commission Expires: Page 3 of 3 GRAPHIC SCALE 0 30 U = Q L, I r I Q « E 0 W � z o N ° LLI o o Q o Y N O 00 o CV O .-- N M O z v 0 CL 0 0 J J POINT OF COMMENCEMENT NW CORNER TRACT FH FRENCHMAN'S RESERVE PCD - PLAT ONE (P.B. 92, PG. 11) WEST LINE TRACT FH POINT OF TRACT FH BEGINNING NO3'02'04 "E-\ 9.27' S87'42'12 "E 88.72' TILITY EASEMENT N87'42'12 "W 88.13' N 03'02' 04" E 9.90' S87'42'1 2 "E 15.00' 0. O r^ N O Cn ;') In O N 87'42' 12 "W 15.00' TRACT FH FRENCHMAN'S RESERVE PCD - PLAT ONE (P.B. 92, PG. 11) a LEGEND E P.B. - PLAT BOOK 0 PG. - PAGE N. W. - NORTHWEST 3 SEC. - SECTION o N -T S:ia� ^= :,:NOT TO SCALE 2003 LBFH THIS IS NOT A SURVEY © Inc - � � +� � w m SURVEYb -R AN;L� lv1AF" �R,AS, SIGNATURE PROJECT NAME: 1. UNLESSr IT BEARS THE SIGNATURE AND ORIGINA RAISED SEAL OF SKETCH AND DESCRIPTION FOR A FLORID; LICENSED,,SURVEYOR AND P:IAPPEP T MAP /REPORT IS FOR INFgRMATIO I3 12P SEa�ON Y AND I ,N VALID. SEACOAST UTILITY AUTHORITY 2. No s'ARC FT eLl °aR' OR EEN MADE BY THIS (FIRE STATION #5 UTILITY EASEMENT) OFFICE. CLINTON H: %KNELGGH;QpFGF[SSIONAL� SI1htVEY MAPPER STATE OF FLORIUfi�NO lbf p CGNS RVEI O RGIVIL,�ENGINEERS, Scale: 1 " =30' REVISIONS: ' �?- SURVEYORS �8t°MAPPERS "P2tii'ner's For Results, Sheet C . Value By Design" 1 Of 2 Field Book: N/A Page: N/A Field: NSA 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: DK Date FILE NO. Project No. (772) 286 -3883 Fax: (772) 286 -3925 06/10/03 004173LGL01.dwg 00 -4173 BPR & FBPE License No: 959 www.lbfh.com Checked: CK NORTH LINE OF NW 1/4 SEC. 31 -41 -43 TRACT H Y Q E ENT Q UJ IFH Y Q z Of UJ T TR J Q LOCATION M AP N.T.S. LEGEND E P.B. - PLAT BOOK 0 PG. - PAGE N. W. - NORTHWEST 3 SEC. - SECTION o N -T S:ia� ^= :,:NOT TO SCALE 2003 LBFH THIS IS NOT A SURVEY © Inc - � � +� � w m SURVEYb -R AN;L� lv1AF" �R,AS, SIGNATURE PROJECT NAME: 1. UNLESSr IT BEARS THE SIGNATURE AND ORIGINA RAISED SEAL OF SKETCH AND DESCRIPTION FOR A FLORID; LICENSED,,SURVEYOR AND P:IAPPEP T MAP /REPORT IS FOR INFgRMATIO I3 12P SEa�ON Y AND I ,N VALID. SEACOAST UTILITY AUTHORITY 2. No s'ARC FT eLl °aR' OR EEN MADE BY THIS (FIRE STATION #5 UTILITY EASEMENT) OFFICE. CLINTON H: %KNELGGH;QpFGF[SSIONAL� SI1htVEY MAPPER STATE OF FLORIUfi�NO lbf p CGNS RVEI O RGIVIL,�ENGINEERS, Scale: 1 " =30' REVISIONS: ' �?- SURVEYORS �8t°MAPPERS "P2tii'ner's For Results, Sheet C . Value By Design" 1 Of 2 Field Book: N/A Page: N/A Field: NSA 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: DK Date FILE NO. Project No. (772) 286 -3883 Fax: (772) 286 -3925 06/10/03 004173LGL01.dwg 00 -4173 BPR & FBPE License No: 959 www.lbfh.com Checked: CK DESCRIPTION BEING AN EASEMENT FOR UTILITY PURPOSES LYING OVER, UNDER, AND ACROSS A PORTION OF TRACT FH, FRENCHMAN'S RESERVE PCD — PLAT ONE, AS RECORDED IN PLAT BOOK 92, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL FH, PROCEED SOUTH 01'20'27" WEST, ALONG THE WEST LINE OF SAID TRACT FH, A DISTANCE OF 83.73 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87'42'12" EAST, DEPARTING SAID WEST LINE, A DISTANCE OF 88.72 FEET; THENCE NORTH 03'02'04" EAST, A DISTANCE OF 9.27 FEET; THENCE SOUTH 87'42'12" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 03'02'04" WEST, A DISTANCE OF 39.17 FEET; THENCE NORTH 87'42'12" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 03'02'04" EAST, A DISTANCE OF 9.90 FEET; THENCE NORTH 87'42'12 "WEST, A DISTANCE OF 88.13 FEET TO A POINT ON SAID WEST LINE; THENCE NORTH 01'20'27" EAST, ALONG SAID WEST LINE, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 2355.98 SQUARE FEET, OR 0.05 ACRES, MORE OR LESS. BEARING BASE THE WEST LINE OF TRACT FH, AS SHOWN ON THE PLAT OF FRENCHMAN'S RESERVE PCD — PLAT ONE, AS RECORDED IN PLAT BOOK 92, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, IS TAKEN TO BEAR SOUTH 01'20'27" WEST, AND ALL OTHER BEARINGS ARE RELATIVE THERETO m © 2003 LBFH Inc. bf 1p CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS. "Partners For Results, C Value By Design" 3550 S.W. Corporate Parkway, Palm City, Florida 34990 (772) 286 -3883 Fax: (772) 286 -3925 BPR & FBPE License No: 959 www.lbfh.com THIS IS NOT A SURVE PROJECT NAME: SKETCH AND DESCRIPTION FOR SEACOAST UTILITY AUTHORITY (FIRE STATION #5 UTILITY EASEMENT) Scale: N/A REVISIONS: Sheet 2 Of 2 Field Book: N/A Page: N/A Field: N/A Computed: DK Date FILE NO. Project No. Checked: CK 06/10/03 004173LGL01.dwg 00 -4173 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum RECEIVED DEC 2 9 2003 Date Prepared: December 18, 2003 Meeting Date: January 15, 2004 Subject/Agenda Item: Consider approval of Change Order No. 3 in the amount of $42,770.83 to Coral -Tech Associates, Inc. for additional construction services necessary for improvements to the Burns Road Community Recreation Campus. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed b Originating Dept.: Costs: $42,770.83 Council Action: Angela Wong, P ojec (Total) Manager City Attorne Community Se c Department [ ] Approved $42,770.83 [ ]Approved w/ Current FY conditions Civil Engine ( ] Denied Finance Administrator Funding Source: [ ] Continued to: Advertised: IkDate: [ X ] Operating Attachments: Paper: [ ] Other Exhibit A: Coral -Tech Associates Change Order No. 3 Submitted by: [X] Not Required Jack Doughney, Community Se 'c s d r Department D o Affected parties [ ] Notified Budget Acct. #: 001 - 2080- 519.6901 [ ] None Approved by: City Man er [ Not required Date Prepared: December 18, 2003 Meeting Date: January 15, 2004 BACKGROUND: On June 19, 2002, City Council entered into a contract with Coral - Tech Associates, Inc. in the amount of $981,430.00 to construct improvements to 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. The contractor has requested the following modifications to the project scope more specifically described in Exhibit A: 1. Modify accessories in restrooms 103 and 104, 2. Modify Military Trail entrance drive, 3. Modify existing pvc raw water main, and 4. Install new grinder pump station and modify sanitary sewer. The total cost for these modifications is $42,770.83. STAFF RECOMMENDATION: Staff recommends approval of Change Order No. 3. in the amount of $42,770.83 to Coral -Tech Associates, Inc. for additional construction services necessary for improvements to the Bunts Road Community Recreation Campus. Date Prepared: December 18, 2003 Meeting Date: January 15, 2004 EXHIBIT A Coral -Tech Change Order No. 3 CHANGE ORDER NO. Three (31) BETWEEN CITY OF PALM BEACH GARDENS AND CORAL -TECH ASSOCIATES, INC. Contract No.: 2002 -003 Contract Title: Improvements to Burns Road Community Recreation Campus The following changes to the CONTRACT are hereby made part of the Contract Documents. All requirements of the Original Contract Documents shall remain in full force and effect except as modified herein. I. ORIGINAL CONTRACT PRICE $ 99 1,430.00 Price of all previous Change Orders PRICE of this Change Order The CURRENT CONTRACT PRICE including this Change Order: II. ORIGINAL FINAL COMPLETION DATE: Original Contract Times: Total of all previous Contract Times Adjustments ( #-J—to # _2) Contract Times Adjustment this Change Order: REVISED Total Contract Times: Revised FINAL COMPLETION DATE including this Change Order: + / - $ 42,770.93 11. 190 Days 10 Days 45 Days 235 Days March 6 2004 All requirements of the original Contract Document shall remain in full force and effect except as modified herein. III. WORK CHANGED BY CHANGE ORDER 1. Scope of Work: 1. Modify accessories at Restrooms 103 and 104, 2. Modify existing driveway turnout at Military Trail, 3. Replace existing PVC raw water main with DIP, 4. Install grinder pump station and force main. 2. Original contract scope impacted by this change order: N/A 3. Cost of Work: 1. Add $1,115.62,2. Add $7,227.21,3. Add $14,415.94,4. Add $20,012.06. 4. Justification: 1. Requested by City, 2. Required for safety reasons, 3. Required by SUA because of reduced cover over the raw water main, 4. Required for sewer service to the building when it was determined by SUA that the existing sewer service under Military Trail was not useable. Burns Road Community Center 00970 -1 Change Order V. ACKNOWLEDGEMENTS The aforementioned change, and work affected thereby, is subject to all provisions of the original contract not specifically changed by this Change Order; and, It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original other than matters expressly provided herein. This change order constitutes the full compensation for the work described, including any costs which may result from protracted performance, delays, or extended overhead. VI. APPROVAL AND CHANGE ORDER AUTHORIZATION ACC D BY CONTRACTOR: 1111oks F{►� f J0V1k i�� IMF `` pc,; I date APPROVED BY (As Applicable): CITY OF PALM BEACH GARDENS Uz Date Council Approval Date: Bums Road Community Center 00970 -2 Change Order October 13, 2003 I li' IN C­ 6,.T .' Mr. Jeffrey D. Renault, P.E. LBFH, Inc. 2090 Palm Beach Lakes Boulevard, Suite 600 West Palm Beach, Florida 33409 Dear Mir. Re- 11atlit-. CORAL -TECH ASSOCIATES, INC. CONSTRUCTION AND CONSULTING SERVICES RE: Request for Change Order No: Four (4) Improvements to Burns Road Community Recreation Campus City of Palm Beach Gardens CTA FILE NO: 0305 -16 We are submitting our request for change order for modifications to the original scope of work for the project, as follows: Modifications to Accessories at Rest Rooms 103 and 104 Construction services per attached data sheet. TOTAL AMOUNT OF THIS REQUEST $1,115.62 $1,115.62 Please be advised that we require a change order prior to procurement of required materials. Any delay impact on the scheduled completion date will be reviewed in conjunction with planned construction activities of the project and an additional request will be submitted for an extension of contract time- If you wish to proceed with the described change, please prepare a change order without delay. Thank you for your kind assistance and cooperation. Very truly yours, CORAL -TECH ASSOCIATES, INC. DIANE GOODMAN Project Manager Enclosure cc: John J. Yanoviak, CCE burnsrd.l bfh.1013. rco4 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS, FLORIDA 33065 954 - 753 -7252 FAX: 954-341-7116 REQUEST FOR CHANGE ORDER NO: FOUR (4) MODIFICATIONS TO ACCESSORIES AT REST ROOMS 103 AND 104 OWNER: CITY OF PALM BEACH GARDENS ENGINEER: LBFH, INC., 2090 PALM BEACH LAKES BOULEVARD, WEST PALM BEACH, FL 33409 CONTRACTOR: CORAL -TECH ASSOCIATES, INC., 10211 WEST SAMPLE ROAD, SUITE 207, CORAL SPRINGS, FL 33065 PROJECT: BURNS ROAD COMMUNITY RECREATION CAMPUS LOCATION: 10500 NORTH MILITARY TRAIL, PALM BEACH GARDENS, FL 33410 DATE: OCTOBER 10, 2003 NO: ITEM QUANTITY UNIT UNIT PRICE TOTAL 1 DELETE PLASTIC COUNTERTOPS AT VANITIES -2 EACH $166.00 ($332.00) 2 ADD SOLID PLASTIC VANITY TOPS 2 EACH _$528.00 $1,056.00 3 ADD NAPKIN DISPOSAL 3 EACH $66.00 $198.00 SUBTOTAL $922.00 CONTRACTOR'S OVERHEAD $92.20 SUBTOTAL _ f $1,014.20 CONTRACTOR'S FEE $101.42 SUBTOTAL __ $1,115.62 TOTAL AMOUNT OF REQUEST �^ $1,115.62 BURNSROCRCRCO.004 PAGE 1 November 13, 2003 Mr. Jeffrey D. Renault, P.E. LBFH, Inc. 2090 Palm Beach Lakes Boulevard, Suite 600 West Palm Beach, Florida 33409 RE Dear Mr. Renault: E�e CORAL -TECH ASSOCIATES, INC. CONSTRUCTION AND CONSULTING SERVICES Request for Change Order No: Five (5) Improvements to Burns Road Community Recreation Campus City of Palm Beach Gardens CTA FILE NO: 0305 -16 We are submitting our request for change order for modifications to the original scope of work for the project, as follows: Modifications to Entrance Drive at Military Trail Construction services per attached data sheet. TOTAL AMOUNT OF THIS REQUEST $7,227.21 $7,227.21 Please be advised that we require a change order prior to procurement of required materials. At this time it appears that the additional work could affect construction progress for a period of five (5) days. The actual impact on the scheduled completion date will be reviewed in conjunction with affected construction activities of the project and an additional request will be submitted for an extension of contract time if required. If you wish to proceed with the described change, please prepare a change order without delay. Thank you for your kind assistance and cooperation. Very truly yours, CORAL -TECH ASSOCIATES, INC. DIANE GOODMAN Project Manager Enclosure cc: John J. Yanoviak, CCE bumsrd.lbfh.1113.rco5 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS, FLORIDA 33065 954 - 753 -7252 FAX: 954-341-7116 REQUEST FOR CHANGE ORDER NO: FIVE (5) MODIFICATIONS ENTRANCE DRIVEWAY AT MILITARY TRAIL OWNER: CITY OF PALM BEACH GARDENS ENGINEER: LBFH, INC., 2090 PALM BEACH LAKES BOULEVARD, WEST PALM BEACH, FL 33409 CONTRACTOR: CORAL -TECH ASSOCIATES, INC., 10211 WEST SAMPLE ROAD, SUITE 207, CORAL SPRINGS, FL 33065 PROJECT: BURNS ROAD COMMUNITY RECREATION CAMPUS LOCATION: 10500 NORTH MILITARY TRAIL, PALM BEACH GARDENS, FL 33410 DATE: NOVEMBER 13, 2003 NO: ITEM QUANTITY UNIT UNIT PRICE TOTAL 1 DELETE SUBGRADE -28 SY $3.06 ($85.68 2 DELETE PAVING BASE -28 SY $8.24 ($230.72 3 DELETE ASPHALT PAVING -30 SY $5.89 ($176.70 4 CONSTRUCT NEW CONCRETE TURNOUT WITH SIDEWALKS 1 EACH $5,466.00 $5,466.00 5 STAKEOUT, SURVEYS AND AS -BUILT DRAWINGS 1 JOB $1,000.00 $1,000.00 SUBTOTAL $5,972.90 CONTRACTOR'S OVERHEAD $597.29 SUBTOTAL $6,570.19 CONTRACTOR'S FEE $657.02 ISUBTOTAL $7,227.21 TOTAL AMOUNT OF REQUEST $7,227.21 BURNSRDCRCRCO.005 PAGE 1 November 13, 2003 Mr. Jeffrey D. Renault, P.E. LBFH, Inc. 2090 Palm Beach Lakes Boulevard, Suite 600 West Palm Beach, Florida 33409 RE: Dear Mr. Renault: CORAL -TECH ASSOCIATES, INC. CONSTRUCTION AND CONSULTING SERVICES Request for Change Order No: Six (6) Improvements to Burns Road Community Recreation Campus City of Palm Beach Gardens CTA FILE NO: 0305 -16 We are submitting our request for change order for modifications to the original scope of work for the project, as follows: Modifications to SUA Existing PVC Raw Water Main Construction services per attached data sheet. TOTAL AMOUNT OF THIS REQUEST $14,415.94 $14,415.94 Please be advised that we require a change order prior to procurement of required materials. At this time it appears that the additional work could affect construction progress for a period of ten (10) days. The actual impact on the scheduled completion date will be reviewed in conjunction with affected construction activities of the project and an additional request will be submitted for an extension of contract time if required. If you wish to proceed with the described change, please prepare a change order without delay. Thank you for your kind assistance and cooperation. Very truly yours, CORAL -TECH ASSOCIAT , INC. T DIANE GOODMAN Project Manager Enclosure cc: John J. Yanoviak, CCE burnsrd.Ibfh.1111=6 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS, FLORIDA 33065 954 - 753 -7252 FAX: 954-341-7116 REQUEST FOR CHANGE ORDER NO: SIX (6) MODIFICATIONS TO SUA EXISTING PVC RAW WATER MAIN OWNER: CITY OF PALM BEACH GARDENS ENGINEER: LBFH, INC., 2090 PALM BEACH LAKES BOULEVARD, WEST PALM BEACH, FL 33409 CONTRACTOR: CORAL -TECH ASSOCIATES, INC., 10211 WEST SAMPLE ROAD, SUITE 207, CORAL SPRINGS, FL 33065 PROJECT: BURNS ROAD COMMUNITY RECREATION CAMPUS LOCATION: 10500 NORTH MILITARY TRAIL, PALM BEACH GARDENS, FL 33410 DATE: NOVEMBER 13, 2003 NO: ITEM QUANTITY UNIT UNIT PRICE TOTAL 1 I REMOVE AND REPLACE 10" PVC WITH 10" DIP (2 LOCATIONS) 120 LF $90.951 $10,914.00 2 STAKEOUT, SURVEYS AND AS -BUILT DRAWINGS 1 JOB $1,000.00 $1,000.00 SUBTOTAL $11,914.00 CONTRACTOR'S OVERHEAD $1,191.40 SUBTOTAL $13,105.40 CONTRACTOR'S FEE $1,310.54 SUBTOTAL $14,415.94 TOTAL AMOUNT OF REQUEST $14,415.94 BURNSROCRCRCO.006 PAGE 1 November 13, 2003 Mr. Jeffrey D. Renault, P.E. LBFH, Inc. 2090 Palm Beach Lakes Boulevard, Suite 600 West Palm Beach, Florida 33409 RE: Dear Mr. Renault: 0 CORAL -TECH ASSOCIATES, INC. CONSTRUCTION AND CONSULTING SERVICES Request for Change Order No: Seven (7) Improvements to Burns Road Community Recreation Campus City of Palm Beach Gardens CTA FILE NO: 0305 -16 We are submitting our request for change order for modifications to the original scope of work for the project, as follows: Installation of New Grinder Pump Station and Modifications to Sanitary Sewer Construction services per attached data sheet. TOTAL AMOUNT OF THIS REQUEST $20,012.06 $20,012.06 Please be advised that we require a change order prior to procurement of required materials. At this time it appears that the additional work could affect construction progress for a period of thirty (30) days. The actual impact on the scheduled completion date will be reviewed in conjunction with affected construction activities of the project and an additional request will be submitted for an extension of contract time if required. If you wish to proceed with the described change, please prepare a change order without delay. Thank you for your kind assistance and cooperation. Very truly yours, CORAL -TECH ASSOCI ES, INC. DIANE GOODMAN Project Manager Enclosure cc: John J. Yanoviak, CCE burnsrd.Ibfh.1113.rco7 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS, FLORIDA 33065 954 - 753 -7252 FAX: 954-341-7116 REQUEST FOR CHANGE ORDER NO: SEVEN (7) INSTALLATION OF NEW GRINDER PUMP STATION AND MODIFICATIONS TO SANITARY SEWER OWNER: CITY OF PALM BEACH GARDENS ENGINEER: LBFH, INC., 2090 PALM BEACH LAKES BOULEVARD, WEST PALM BEACH, FL 33409 CONTRACTOR: CORAL -TECH ASSOCIATES, INC., 10211 WEST SAMPLE ROAD, SUITE 207, CORAL SPRINGS, FL 33065 PROJECT: BURNS ROAD COMMUNITY RECREATION CAMPUS LOCATION: 10500 NORTH MILITARY TRAIL, PALM BEACH GARDENS, FL 33410 DATE: NOVEMBER 13, 2003 NO: ITEM QUANTITY UNIT UNIT PRICE TOTAL 1 DELETE 6" PVC PIPE & FITTINGS -385 LF $20.38 ($7,846.30 2 DELETE PRECAST CONCRETE MANHOLE W /FRAME & LID -1 EACH $4,843.84 ($4,843.84 3 DELETE 6" CLEANOUTS -7 EACH $770.00 ($5,390.00 4 DELETE SUBGRADE AT PARKING STALL -21 SY $3.06 ($64.26 5 DELETE PAVING BASE AT PARKING STALL -21 SY $8.24 ($173.04 6 DELETE ASPHALT PAVING AT PARKING STALL -21 SY $5.89 ($123.69 7 DELETE CONCRETE SIDEWALK -7 SY $22.00 ($154.00 8 ADD TYPE "D" CURB 10 LF $11.33 $113.30 9 ADDfe PVC FORCE MAIN 215 LF $25.28 $5,435.20 10 GRINDER PUMP STATION COMPLETE WITH FENCING 1 EACH $26,785.52 $26,785.52 11 ELECTRICAL RACEWAYS, FEEDERS AND DISCONNECT SW 1 EACH $1,800.00 $1,800.00 12 STAKEOUT, SURVEYS AND AS -BUILT DRAWINGS 1 JOB $1,000.00 $1,000.00 SUBTOTAL $16,538.89 CONTRACTOR'S OVERHEAD $1,653.89 SUBTOTAL $18,192.78 CONTRACTOR'S FEE $1,819.28 SUBTOTAL $20,012.06 TOTAL AMOUNT OF REQUEST $20,012.06 BURNSROCRCRCO.007 PAGE 1 PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, in 1872J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our Community, and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim January 16, 2004 as: ARBOR DA Y in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and further, I urge all citizens to plant trees to gladden the heart and promote the well -being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 15'h day of January in the Year Two Thousand and four. Attest: Mayor Eric Jablin Patricia Snider City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Jews have been a significant part of the development of our State since 1763, which is the first year that Jews were allowed to live (as Jews) in Florida; and WHEREAS, today 16% of the American Jewish community lives in Florida. Our State hosts the nation's third largest Jewish community (after NY and CA) at 850,000, and WHEREAS, more than 100 Jewish families have been identified who have lived in Florida over 100 years; and WHEREAS, Floridian Jews have served on local, county, state and federal levels as politicians and in many public capacities; and WHEREAS, Jews have served in Florida in all wars; and WHEREAS, the contributions made by Jews to the development of Florida are in every sector; and WHEREAS, for nearly 250 years, Jews have lived in Florida and maintained traditions of their heritage. NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of January as Attest. FLORIDA JEWISH HISTORY MONTH Patricia Snider, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 15th day of January in the year Two Thousand and four Mayor CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum�r >.. , Date Prepared: November 20, 2003 Meeting Date: January 15, 2004 Resolution 3, 2004 Subject /Agenda Item: ' Resolution 3, 2004: 4750 East Park Drive Principal Building Sign Addition Consideration of Approval: A request by Mr. Jim Griffin, agent for NorthCorp III, Ltd. for approval of a principal building sign located on lot 4 of the NorthCorp Planned Community Development (PCD), which is located at the northeast corner of Riverside Drive and Burns Road. [X] Recommendation to APPROVE, with modification and condition. [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ NA City Council Action: Talal Benot n, AICP Growth Management (Total) Autu Sorrow $ NA Principal Pla er T-5 Current FY Planner, Project Manager Christine Tatum [ ]Approved Bahareh K. City Attorney AICP_ REA Development Compliance Finance [ ]Approved w/ [X] Quasi — Judicial NA [ ] Legislative conditions [ ] Public Hearing Human Resources [ ] Denied NA Advertised: No Funding Source: [ ] Continued to: arles K. Wu, Attachments: �19K� Date [ ] Operating Growth Management Administrator Paper: [X ] Other • Resolution 43, 2002 [X] Not Required • Resolution 1.7, 2003 Approved by: • Resolution 3, 2004 Ronald M. Ferr' Budget Acct. #: • Proposed sign details ected parties 0 Approved architectural [X] Notified rending City Maix6ger • Letter issuing TCO [ ] Not required . Two (2) photo of south elevation • Notice of Violation Date Prepared: November 20, 2003 Meeting Date: January 15, 2004 Resolution 3, 2004 BACKGROUND The site is located on Lot 4 of the NorthCorp Planned Community Development (PCD), which was originally approved on January 18, 1990, with the adoption of Ordinance 1, 1990. Ordinance 1, 1990 united all lands comprising the former RCA site into one (1) development order. The original ordinance provided for an approval mechanism for future petitions within the PCD, assigned site - specific restrictions to certain lots, established maximum trip generations for the development, and established time - certain conditions of approval for certain road and drainage improvements. On March 21, 2002, the City Council approved Resolution 43, 2002, allowing for the construction of two identical 45,144 square -foot office buildings within the South Park Center of the NorthCorp PCD, on Lots 4 and 5. Resolution 43, 2002, did not approve signage for the two 45,144 square -foot office buildings. Subsequently, the City Council adopted Resolution 17, 2003, on January 16, 2003, which amended the previously approved Resolution 43, 2002, to modify the timing of installation for required landscape perimeter buffers for Lots 4 and 5 of the NorthCorp PCD. LAND USE & ZONING The future land -use designation of the subject site as reflected on the City's Future Land Use Map is Industrial (I). The zoning classification of the site is a Planned Community District (PCD) Overlay with underlying zoning of Research and Light Industrial (M1). The site is located on Lot 4 of the NorthCorp PCD, which is located at the northeast corner of Riverside Drive and Burns Road. PROJECT DETAILS Signage Request The proposed building identification sign is 12 feet in width and 5 feet in height, for a total of 60 square feet. The proposed height of the letters will not exceed 13 inches. The applicant is proposing a "cabinet" style design with white illuminated channel letters on a blue acrylic face. Staff has informed the applicant that, according to the City's design guidelines, "cabinet" signs are discouraged within the City and has requested the applicant to amend the sign design accordingly. The applicant is proposing to locate the sign on the parapet wall of the northeast corner on the south elevation of the building. The applicant is requesting a waiver for the location of the sign (Please see waiver table). 2 Date Prepared: November 20, 2003 Meeting Date: January 15, 2004 Resolution 3, 2004 LIM `TA- �� �• `�G� �/ � f ky �} d,/ � � � i) 6{ ,f i' f�P �� � ,'; �y ����tµ�� ..,✓� �� Y� - '� � a... aS� } � yG� .bh LV 4iQ �.lR C� �d�_ ia, LCw - 2 i�U .�'T Li Permitted Signage Flat/Wall Sign Parapet wall on No Yes (1) Location: Signs shall the N.E. corner Sec. 78 -285 not be located above on the south second floor line or elevation of the above building building parapet of the first (top floor) floor (1) The Land Development Regulations (LDRs) does not allow signs to be located above the second floor line. The applicant states that the height of the existing trees, planted or preserved, on site limit the visibility of a sign located below the second floor line. According to Resolution 43, 2002, the south elevation building facade was not built in accordance to the approved plans. The approved architectural glass feature on the south elevation facade was replaced with stucco (please see attached architectural rendering). On October 15, 2003, staff issued a temporary Certificate of Occupancy with the condition that the applicant amend the facade of the building to be in compliance with the approved plans, within sixty (60) days. Deadline for said compliance is December 15, 2003 (please see attached letter). Staff recommends APPROVAL of the requested waiver provided that the applicant change the south elevation faeade to be in compliance with the approved plans and change the design and/or materials of the proposed sign to be "channel letters ", in accordance with the City's Design Guidelines. This recommendation of aDDroval is based on the expectation that the aDDlicant will be complying with the approved elevation, which is inadequate for the proposed sign due to the amount of the glass surface. The applicant has proposed two (2) options to resolve the issue with respect to the south elevation faeade. Option one involves painting the affected facade to be consistent with the overall color scheme of the building. The second option involves adding additional glass to the entry feature and painting the affected faeade to be consistent with the overall color scheme. As of the writing of this report, the applicant has not provided staff with renderings of either option. On December 8, 2003 the applicant was issued a Notice of Violation for the inconsistency with the approved plans, as approved by Resolution 43, 2003. This case (03 -764) has been scheduled for a Special Master Hearing on February 2, 2004. (Please see attached Notice of Violation.) 3 Date Prepared: November 20, 2003 Meeting Date: January 15, 2004 Resolution 3, 2004 STAFF RECOMMENDATION Staff recommends that the applicant change the affected facade of the building to be in compliance with the plans approved by the City Council, and place the subject sign at the requested location, with channel letters, in accordance with the City's Design Guidelines. 4 - Date Prepared: January 2, 2003 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 17, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO CONDITION 3 OF RESOLUTION 43, 2002, RELATING TO THE TIMING OF INSTALLATION OF PERIMETER BUFFER LANDSCAPING FOR "LOTS 4 & 5" OF THE NORTHCORP PLANNED COMMUNITY DISTRICT (PCD), LOCATED BETWEEN RIVERSIDE DRIVE AND EAST PARK DRIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (MISC- 02 -36) from Urban Design Studio, requesting an amendment to the previously approved Resolution 43, 2002, to modify the timing of installation for required landscape perimeter buffers, for the "NorthCorp Lot 4 and Lot 5 ", located at the southern end of the NorthCorp Planned Community District, between Riverside Drive and East Park Drive, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, on March 21, 2002, the City Council approved Resolution 43, 2002, to allow for the construction of two identical 45,144 square -foot office buildings within the South Park Center of the NorthCorp PCD; and WHEREAS, Resolution 43, 2002 required the installation of all landscape perimeter buffers within six (6) months of approval; and WHEREAS, the City Council, as a policy, now requires the installation of landscape buffers adjacent to rights -of -way within six (6) months of issuance of the first clearing permit; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: 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. Date Prepared: January 2, 2003 Resolution 17, 2003 Page 2 SECTION 2: Condition 3 of Resolution 43, 2002, shall be amended to read as follows: (3) Within six (6) months of issuance of the first clearing permit this appre,,�-al, the entire landscape perimeter rape buffers must be completed or no further permits or inspections wiH shall be issued for the project site_ . (City Forester) SECTION 3: Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. All provisions of Resolution 43, 2002, not expressly modified herein shall remain in full force and effect. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. [This space intentionally left blank.] PASSED, ADOPTED AND APPROVED this A ATTEST: •J � 'PA RhC�IA SNIDER, CITY CL RK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN Date Prepared: January 2, 2003 Resolution 17, 2003 Page 3 AYE NAY ABSENT L.-I, VICE MAYOR SABATELLO .� COUNCILMEMBER CLARK v COUNCILMEMBER RUSSO L--- COUNCILMEMBER DELGADO Al Meeting Date: March 21, 2002 Date Prepared: March 7, 2002 RESOLUTION 43, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF TWO PROFESSIONAL OFFICE BUILDINGS TOTALING 90,288 SQUARE FEET ON LOTS 4 & 5 OF THE NORTHCORP PLANNED COMMUNITY DISTRICT (PCD), LOCATED AT THE SOUTHERN END OF THE NORTHCORP PLANNED COMMUNITY DISTRICT, BETWEEN RIVERSIDE DRIVE AND EAST PARK DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance 1, 1990 approved the NorthCorp PCD; and WHEREAS, Ordinance 1, 1990 provided that subsequent approvals for parcels within the PCD were to be processed as major site plan approvals without public notice and advertising and were to be approved by resolution; and WHEREAS, the City of Palm Beach Gardens received a site plan application from Northcorp Center, Inc. for the construction of two identical 45,144 square -foot Professional Office buildings and related improvements on lots 4 & 5 within the South Park Center Plat of the NorthCorp Planned Community District, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on September 25, 2001, the Planning and Zoning Commission recommended approval of the site plan application known as "NorthCorp Lots 4 & 5," subject to conditions stated herein. Resolution 43, 2002 Meeting Date: March 21, 2002 Date Prepared: March 7, 2002 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. Section 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the site plan for Lot 4 and Lot 5 within the South Park Center Plat, as more particularly described in Exhibit "A" attached hereto, to provide for the construction of two 45,155 square foot professional office buildings. Section 3. All provisions and conditions of Ordinance 1, 1990 shall remain in full force and effect. Section 4. This approval is subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. The applicant shall provide the same architectural treatments depicted on the east elevation on the west elevations of the buildings. (Planning & Zoning) 2. At the time of construction plan review, the phasing plans must meet with the approval of the City Engineer. If not, all site infrastructures shall be required to be completed prior to the issuance of the first Certificate of Occupancy. (City Engineer) 3. Within six (6) months of this approval, the entire perimeter landscape buffers must be completed or no further permits or inspections will be issued for the project site, until complete. (City Forester) 4. In the event that the applicant requests a Certificate of Occupancy for phase I prior to receiving a building permit for phase 11, the building area of phase 11 shall be irrigated and sodded prior to the issuance of the Certificate of Occupancy, unless otherwise approved by the Growth Management Director. (City Forester) Section 5. The following waivers are hereby granted with this approval: 1. Section 78 -345 (d)(3) — Increase in Parking Spaces, to allow an additional 17.2% (47 spaces) over the minimum required parking spaces. The Land Development Regulations allow a maximum 10% over the minimum required parking spaces. 2. Section 78 -344 (1) — Parking Stall and Bay Dimensions, to allow 9' X 18.5' parking stalls. The Land Development Regulations require a minimum 10' X 18.5' parking stall. Section 6. The proposed development shall be in compliance with the following plans on file with the City's Growth Management Department: 2 - -- -- ....._.. - -- ..- - -- Resolution 43, 2002 Meeting Date: March 21, 2002 Date Prepared: March 7, 2002 1. January 30, 2002 Site Plan, Urban Design Studio (1 sheet total) 2. January 30, 2002 Landscape Plan, Urban Design Studio, (2 sheets total) 3. November 29, 1999 Site Lighting Plan, Urban Design Studio, (1 sheet total) 4. October 21, 1999 Boundary and Topographic Survey, Keshavarz & Associates, (1 sheet total) 5. Drainage plan 6. November 29, 1999 Front Elevation /Floor Plan, D. William Beebe, (1 sheet total) 7. November 29, 1999 East/North /South Elevations, D. William Beebe, (1 sheet total) 8. November 5, 1999 Roof Plan, D. William Beebe, (1 sheet total) SECTION 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS a (Sf OF W A Rc- t+ 2002. ATTEST -AY:; CARQLG CITY,6:ERKR J •� .. n e APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY 3 y VOTE: AYE NAY MAYOR %TA rLt#j VICE MAYOR %&Wfe -L" COUNCILMEMBER C*v%vLK COUNCILMEMBER Rvs.,a COUNCILMEMBER J^ )am &Ab a ✓ rd Resolution 43, 2002 Meeting Date: March 21, 2002 Date Prepared: March 7, 2002 ABSENT EXHIBIT "A" Resolution 43, 2002 Meeting Date: March 21, 2002 Date Prepared: March 7, 2002 Lots 4 and 5, of SOUTH PARK CENTER, according to the Plat thereof, recorded in Plat Book 67, Page 87, of the Public Records of Palm Beach County, Florida; said lands situate, lying and being in Palm Beach County, Florida. THE 12 C.W.H.1 SIGNED DATE ❑COD C1 VISA ❑APPROVED ❑RESUBMIT W/ CHANGES 07PYRiT,Nf3003 BNNN SGN INMFACIOPo<YG; TNe0 ban aQdro pm".f Bam 3Vy1 M&a6mA6 iSvAldm d6b vm/,=d b-y d t. B■m 3�Myne+�yyVrA ba Po■6� bftkft9a ditbw. ■ 1009 NEWMA N ROAD • LAKE PART( FL 33403 TEL(561)863-7M6 FAK(561) 840-3270 REVISIONS DATE COMMENTS x 3 TO FRONT LIT. R.F. 636 -09 SIGNADE TO 3RD F RF, Elevation Scale = 1/16 ° =1'-0° ACE :D & FINISHED RS IC FACES, 4S. )& ;OLOR WHITE I P— ECTTIT— Beican 4750 EAST PARK DRIVE, PALM BEACH GARDENS, FL 1 8-2"3 1 Q. RnSM= I AS SHOWN 'Bldg Sfgna9&- I ' DF 1 1 ,i CITY OF PALM BEACH GARDENS 10500 N. MILTARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 October 31, 2003 Jim Griffin John C Bills Properties, Inc. 3950 RCABoulevard, Suite 5000 Palm Beach Gardens, FL 33410 RE: 4750 West Park Drive Certificate of Occupancy Dear Mr. Griffin: Please be advised that the City is in receipt of your letter of commitment, in which you proposed to modify the appearance of the south entryway of the above - mentioned building in order to conform to the approval for the site. Based on your assurances, the City issued a `Certificate of Occupancy' for the building, so that your tenant could occupy the structure. As you are aware, your letter set a deadline of sixty (60) days from receipt, which gives you until December 15, 2003, to complete the improvements. Although the City has not received a formal request, it has been brought to staff's attention that you would like to seek other options to alter the entryway to meet the requirement of conformance with your approval. Any viable options will be considered by staff, but please be advised that this will be at your own risk and that it must meet the intent of your approval. During the Planning & Zoning Commission meeting on October 14, 2003, a member of the Planning & Zoning Commission recommended painting the stucco to match the glass as an option. Although staff does not feel that this option meets the intent of the approval, they would objectively review any alternatives presented. Staff appreciates your commitment to remedy the situation in a timely manner. If you have any comments or concerns, please feel free to call Kara Irwin, Senior Planner, at (561) 799 -4242. Sincerely, ee Charles K. Wu, AICP Growth Management Administrator City of Palm Beach Gardens Enclosure (Letter from Jim Griffin dated October 15, 2003) CKW/ki cc: Ron Ferris, City Manager Talal Benothman, Principal Planner Kara Irwin, Senior Planner Bahareh Keshavarz, Development Compliance fi ohn C. )11! 1 ilk BILLS Properties, Inc. October 15, 2003 Mr. Charles Wu, Director Growth Management Dept. City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: 4750 East Park Drive Certificate of Occupancy Charles, . This is to confirm our agreement and understanding, that a Certificate of . Occupancy will be issued for the above captioned project immediately, conditioned upon V the following: 1. The south elevation of the building, specifically the area directly above and below the arched entry, will be covered with glass panels, to conform with the drawing attached hereto. Further, the new glass panels, will match the glass already installed above the entry. 2. The bicycle racks will be permanently anchored. We understand that this work must be completed within 60 days, and that we may be subject to fines thereafter, for failure to complete the work as agreed. Thank you very much for your kind assistance in this matter. With Highest Regards, James E 'ff Vice President G11Y OF PBG OCT 15 2003 i PLANNING & BONING 3950 RCA Boulevard, Suite 5000 DNISIOI� Palm Beach Gardens, FL 33410 4 (561.) 627 -7551 Fax (561)625 -9230 6 Any information given herewith is obtained from sources we consider reliable. However, we are not responsible for misstatements of fact, errors, omissions, prior to sale, withdrawal from market, or change in price without notice. !IIIIIIIIi1ltiAl11l111f1Ai111 ��"ww��� !I11111l1!lt1f11A111111[Ilfll 111111111111l111ltllNll 111111fllllllllllllllf111111 1l11111111lIIIAllllllll IIA1111111111f11f111N1111[fl - IllillllilllAillllllfll IIAl11A111111INf11A1111[Ifll Ifllllllllllillllfillll IAIN111111111111111111[11111 IltMllttflllillilfliffl IIIIIIIIII11111f111A111[llll 1[IINI1!llAlllllllllfll lAfllllllfl![If11111111Niklf Ilflllli[Itlllllllllffl IAlllN1111111111111111llfflllll Iliilflilllllllllllltll I111lIIIIIl11111111N1111N1111N1 IIIii11111111111111111IN11 I1111111lflillllllilllfllllllll Illllllllllflifll[Itllllll lilli11111111111iflllliilfillfl IIIIIIit111NMlflllf1111111 111 Jill MIIIfAIIIllllllflllfllllll 111lANlif1111l1lillfililfl11111 MAIfIff111111t1A1111111111 IilllillflflNlllllNl11111111111 IiMAlllll�llllllllllllffll IIAi1111111A1N [f[1[IItM1111N X11111111111 111 111 t � y, a ��*•q_ ', r; Vat ", i '# d '► R yrt - ¢ t a& a1 r Ik S }\� ; {\L � \ � �m� e December 12, 2003 Mr. Kelvin Wise Code Enforcement Division City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: 4750 East Park Drive Kelvin, This is to acknowledge our receipt of your letter, dated December 8, 2003. As you know, we are diligently pursuing various alternative solutions to the problem. . Toward that end, we have been scheduled to appear before the City Council, on January 15, 2004, to present the solutions that we feel are most appropriate. Given the timing of this meeting, we hereby request an extension of the December 15, 2003 deadline, set forth in your correspondence, to give us the opportunity to work through this, with City officials. Thank you for your assistance with this matter Witefli dos, Jame Vice Pre sident Owof P•B.G. DEC 1t- "M �"kftmene 3950 RCA Boulevard, Suite 5000 Palm Beach Gardens, FL 33410 (561) 627 -7551 Fax (561)625 -9230 Any information given herewith is obtained from sources we consider reliable. However, we are not responsible for misstatements of fact, errors, omissions, prior to sale, withdrawal from market, or change in price without notice. 4. , December 8, 2003 Case No. 03 -764 CITY OF PALM BEACH GARDENS CODE ENFORCEMENT DIVISION 10500 N. Military Trail, Palm Beach Gardens, FL 33410 (561) 799 -4245 OWNER Northcorp III, LTD 3950 RCA Blvd., Suite 5000 Palm Beach Gardens, FL 33410 NOTICE OF VIOLATION VIA CERTIFIED MAIL: 7160 3901 9842 0253 1702 REGISTERED AGENT John W. Gary, III 701 U.S. Highway 1, Suite 402 North Palm Beach, FL 33408 You are hereby notified that inspections were made on December 8, 2003 at: LOCATION: 4750 Burns Rd. PCN: 52- 42- 42- 12 -18- 000 -0040 LEGAL: See Attached. The following violation of the City of Palm Beach Gardens Codes was observed: VIOLATION: The building was constructed with the south elevation inconsistent with approved site plan as required in Resolution 42, 2003. CODE SECTION: 78- 742(a)(2), Violations and Enforcement — Remedies. You are hereby directed to correct this violation on or before Decemberl5, 2003 and notify the Code Enforcement Office at (561) 799 -4245 that the violation has been corrected. REQUIREMENTS FOR CORRECTION: Make the building compliant with the approved site plan. Failure to correct this violation in the time specified, or if the violation recurs, may result in your being ordered to appear before the City of Palm Beach Gardens Code Enforcement Special Master even if the violation has been corrected prior to the Code Enforcement Special Master Hearing. The Special Master may impose fines of up to $250.00 a day per violation. Please govern yourself accordingly. CITY OF PALM BEACH GARDENS z i L. Wise Enforcement Supervisor 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: November 20, 2003 RESOLUTION 3, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A PRINCIPAL BUILDING SIGN LOCATED ON LOT 4 OF THE NORTHCORP PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING FOR A WAIVER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 21, 2002, the City Council adopted Resolution 43, 2002, which approved the site plan for the construction of two identical 45,144 square -foot buildings located on Lots 4 and 5 of the South Park Center Plat within the NorthCorp Planned Community Development (PCD); and WHEREAS, on January 16, 2003, the City Council amended Resolution 43, 2003, which modified the timing of installation for required landscape buffers, by adopting Resolution 17, 2003; and WHEREAS, the City has received an application (MISC- 03 -29) from Mr. Jim Griffin, agent for NorthCorp III, Ltd., for approval of a principal building sign located on Lot 4 of the NorthCorp Planned Community Development (PCD), which is located at the northeast corner of Riverside Drive and Burns Road; and WHEREAS, the applicant seeks one waiver as part of the approval of the proposed signage; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay with an underlying zoning of Research and Light Industrial (M1), and has a future land use designation of Industrial (1); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; 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. 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: November 20, 2003 Resolution 3, 2004 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves a principal building sign at 4750 East Park Drive, which is part of the NorthCorp Planned Community Development (PCD), as more particularly described below: LEGAL DESCRIPTION: LOTS 4 AND 5 OF SOUTH PARK CENTER, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 67, PAGE 87, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SECTION 3. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: 1. Section 78 -285, Permitted Signage, to allow a principal building sign located on the parapet wall at the northeast corner on the south elevation of the building. SECTION 4. Said signage approval shall comply with the following additional conditions, which shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. Within thirty (30) days of the effective date of this Resolution, the applicant shall submit a new signage plan consisting of channel letters only. (Planning and Zoning) 2. Prior to issuance of the building permit for the subject sign, the south elevation fagade of the building shall be modified to be consistent with the originally approved plans by the City Council, per Resolution 43, 2002. (Planning and Zoning) SECTION 5. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 6. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) PA 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 PASSED AND ADOPTED this ATTEST: Aw Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY in Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: November 20, 2003 Resolution 3, 2004 day of , 2004. CITY OF PALM BEACH GARDENS, FLORIDA AYE NAY ABSENT Eric Jablin, Mayor \ \pbgsfile \Attorney \attorney_share \RESOLUTIONS \principal bldg sign approval - reso 3 2004.doc 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum � ,v� L �,���- n, � 03 Date Prepared: December 22, 2003 Meeting Date: January 15, 2004 Resolution: 8, 2004 Subject/Agenda Item: Resolution 8, 2004 — Approve a contract award to D.S. Eakins Construction Corporation in the amount of $135,703.00 via a Palm Beach County Contract (No. 02- 069 /KM) for construction related to City Project No. 2002 - 010 /Plat 4, Phase II — System 9 and System 2 Drainage Improvements (South Banyan Street and Hazel Avenue). [ X ] Recommendation to APPROVE [ ] Recommendation to DENY [ ] Recommendation to POSTPONE Reviewed by: Originating Dept.: Costs: $135.703.00 Council Action: Angela Wong, (Total) Projects Manager City Attorney Community Services Department Approved [ ] $ $135.703.00 [ ]Approved w/ Current FY conditions City Engineer [ ]Denied Funding Source: [ Continued to: Advertised: ] Attachments: Civil Engineer Date: [ X ] Operating Paper: [ ] Other • Resolution 8, 2004 • Exhibit A: Site Map • Exhibit B: DS Eakins Proposal Finance Administrator • Exhibit C: PBC Contract No. 02- 069 /KM • Exhibit D: DS Eakins Letter of Acknowledgement Submitted by: [ X ] Not Required Jack Doughney, Community Services rator ,A,ddm�mini DD p rtme irec Affected parties [ ] Notified Budget Acct. #: 001- 3040 - 541.6903 [ ] None Approved by: $130,273.63 001 - 3040 - 541.6918 / $5,429.37 [X] Not required Date Prepared: December 22, 2003 Meeting Date: January 15, 2004 Resolution: 8, 2004 • BACKGROUND: The Plat 4 drainage system was designed in the early 1960s. Storms in '95 and '99 highlighted the need for drainage improvements. A drainage retrofit for Plat 4 has been designed consistent with the City's standards for level of service to the residents. The system has been designed to decrease the amount of standing water in the streets, improve flow to the inlets, and add additional storage. This project is also identified in the Stormwater Management Plan. In December 2000, construction of Phase I improvements were completed, which included partial construction of North and South Banyan Street. A grant in the amount of $350,000 was obtained from FEMA for Phase II improvements. The City's local match consists of $242,723.00. In February 2003, the Pinetree Boulevard ROW was excavated to extend the width of the EPB -3D Canal for additional storage. In addition, the remainder of the North Banyan Street improvements was completed as well as improvements to system 9 and a portion of system 2 (South Banyan Street and Hazel Avenue). The remaining Phase II improvements identified under the FEMA grant are estimated at $160,000. Completion of the system 2 (South Banyan Street and Hazel Avenue) drainage improvements is currently being schedule for February 2004. This will complete the Phase II improvements and the City's obligations under the FEMA grant. The City will continue to monitor the progress of the Plat 4 surface water management system and will establish future projects based on performance during major storm events. • STAFF RECOMMENDATION: Approve Resolution 8, 2004 authorizing the award of a contract with D.S. Eakins Construction Corporation in the amount of $135,703.00 via the Palm Beach County Term Contract No. 02- 069 /KM for construction of the Plat 4, Phase II — System 9 and System 2 (South Banyan Street and Hazel Avenue) Drainage Improvements. 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: December 22, 2003 RESOLUTION 8, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A "PIGGYBACK" CONTRACT FOR STORMWATER DRAINAGE CONSTRUCTION SERVICES TO D.S. EAKINS CONSTRUCTION CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City wishes to perform stormwater drainage improvements on South Banyan Street and Hazel Avenue in Plat 4 as outlined in Exhibit "A ", attached hereto; 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 has received a quote from D.S. Eakins Construction Corporation, 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 D.S. Eakins Construction Corporation based on an agreement executed by Palm Beach County effective August 1, 2003, attached hereto as Exhibit "C "; and WHEREAS, the City is in receipt of written confirmation executed by a duly authorized officer of D.S. Eakins Construction Corporation that the company agrees to be bound by the terms and conditions specified therein and the term of such agreement, attached hereto as Exhibit "D "; and WHEREAS, based on the recommendation of City staff, the City wishes to award a contract with D.S. Eakins Construction Corporation 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 stormwater drainage construction services to D.S. Eakins Construction Corporation in the amount of $135,703.00, and authorizes the Mayor and City Clerk to execute an agreement acceptable to the City Attorney with D.S. Eakins Construction Corporation. 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: December 22, 2003 Resolution 8, 2004 SECTION 3. The City Council, pursuant to Section 255.05, Florida Statutes, hereby authorizes D.S. Eakins to submit a letter of guarantee or an irrevocable letter of credit in a form acceptable to the City Attorney, in lieu of payment or performance bonds. SECTION 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY L'S'E Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBERRUSSO COUNCILMEMBER DELGADO , 2004. CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT G: \attorney share \RESOLUTIONS \DS Eakins S Banyan - reso 8 2004.doc 2 -ce Ln( Date Prepared: December 22, 2003 Meeting Date: January 15, 2004 Resolution: 8, 2004 EXHIBIT A Site Map — Plat 4 Garden Wood A "hp I I low ���irr� �r�l��� .. .. WIN iii L� tit PFA Owl A A A A 1 Date Prepared: December 22, 2003 Meeting Date: January 15, 2004 Resolution: 8, 2004 EXHIBIT B DS Eakins Proposal for Plat 4 — South End of Banyan Street Construction DEC -04 -2003 16:54 D S EW I NS 5618420009 P.01 �1 )W CONSTRUCTION CORPO RATION N - POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403 (561) 842-0010 TO: City of Palm Beach Gardens ATTEN: Todd Engle P.E. JOB LOCATION: Plat 4 FAX: 799 -4134 DATE: 12/04/03 JOB DESCRIPTION: Storm Drainage Improvements LOCATIONS BY: 1- 800 - 432 -4770 PIPECREW DEWATERING TRUCKING PIPE -PVC & FITTING / WATER OR SEWER PIPE -DIP & FITTINGS / WATER OR SEWER PIPE -RCP C -BASIN E -BASIN 6 - 42" x 60" structures MANHOLE FLOWABLE FILL CONCRETE PUMP ASBUILTS CONCRETE DRIVE SPEEDY CONCRETE FENCE REPAIR ROAD BASE PAVING TYPE S -3 # 4 stone SOD BARRICADES TESTING BRICK - BLOCK - CEMENT - HYDRO HRS 280.00 M HISS 384.00 @ HRS 100.00@ FOOTAGE FOOTAGE FOOTAGE DEPTH AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT _230.00$ 64,400.00 40.00 15, 360.00 50.00 5,000.00 By Seacoast By Seacoast 650, 21,513.00 0.00 12, 000.00 40_ 300 cy 45 ton 40 yd 9000 sf TOTAL ESTIMATE 3,600.00 800.00 2,000.00 By Others 3,000.00 2,250.00 480.00 3,600.00 500,00 0.00 1,200.00 $ 135,703.00 r r TOTAL P.01 Date Prepared: December 22, 2003 Meeting Date: January 15, 2004 Resolution: 8, 2004 EXHIBIT C Palm Beach County Contract for Rental of Crews with Equipment DEC -19 -2003 1002 D S ERK 1 N5 June 03, 2003 D. S. Eakins Construction Corporation Attention: Cindi M. Frick. Vice President PO Box 530185 Lake Park, FL 33403 Form L purchasing Department 50 South Military Trail, Suite 110 West Palm Beach. FL 33415.3199 i�ori ulo -oB00 FAX: (501) 616.6811 www.pbtgov_comlpur Palm Beach County Dear Vendor: TERM CONTRACT #: 02069A This is to inform you that Palm Beach County Board of County Commissioners is entering into a Tenn Contract with your company for Rental of Crews with Equipment based on one of the following: [X] FORMAL BID #: 02 -069 /KM The term of this contract is 08/0112003 through 07!31/2004. The Board of County estimated dollar value for all awarded vendors is $ 700.000. Commissioners Karen T. Marcus, Chair The obligations of Palm Beach County under this contract aresubject to Tony Masiloal. vice Chairman the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners. Jeff Koons Warren H. Newell Palm Beach County Departments will issue hard copy orders against this Mary McCarty contract as your authorization to deliver. All invoices must reference each unique document number. Burt Aaronson Addie L. Greene If you have any questions, please contact Keith Gainey. Buyer at 561 616 -6825. County Administrator Robert Weisman Sincerely, K hleen M. Scarlett Director c: Mike Bowman, Road & Bridge Conrad Ailstock, Water Utilities File 'An Equal Opporruniry Afirmanve Action Enrpluyo' Ga q Y ptrhted on rocycled paper TOTAL P.03 .rase i or z IF TERM CONTRACT GENERATED: TERM: fnri 1310 RECAP SHEET Form 1 BUYER. Yrlsten lNonmett INITIALS ACTION 9&M INITIALS DVM MAYBE EVAL RETURNED 5122102 KM PMW DEPT. EVAL. RETURNED 6!6/02 K NSG POSTING APPROVED ff COPY TO ADMIN. SECR. to 0 KM DATEMME BID POSTED 4 %'57 KM DATEIFIME BID REMOVED RECAP TO M/WBE 4 %I Ian EST. EXPENDRURE: S UST BIDDERS FROM LOWEST TO HIGHESI 43W TOTAL FACTORED RATE CHECK IF RECOMMENDATION [lfturrmy ACTION GATE "KEY" ONLY IFe APPROVED 3120/02 GOAL SETTING MEETING 413102 D.S- Eakins Construction Corporation NEWSPAPER ADVERTISING 4/7102 X SITE INSPECTION N/A PRE4310 CONFERENCE 4/25102 (1) SECONDARY BID OPENING 518102 IF TERM CONTRACT GENERATED: TERM: fnri 1310 RECAP SHEET Form 1 BUYER. Yrlsten lNonmett INITIALS ACTION 9&M INITIALS DVM MAYBE EVAL RETURNED 5122102 KM PMW DEPT. EVAL. RETURNED 6!6/02 K NSG POSTING APPROVED ff COPY TO ADMIN. SECR. to 0 KM DATEMME BID POSTED 4 %'57 KM DATEIFIME BID REMOVED RECAP TO M/WBE 4 %I Ian EST. EXPENDRURE: S UST BIDDERS FROM LOWEST TO HIGHESI 43W TOTAL FACTORED RATE CHECK IF RECOMMENDATION [lfturrmy (1) SECONDARY CERTIFIED "KEY" ONLY MIWBE D.S- Eakins Construction Corporation S 250 per hour X (1) PRIMARY Murray Logan Construction, Inc. No Bid X (1) SECONDARY Palrmwood Corp., Inc. No Bid LOT n LIST BIDDERS FROM LOWEST TO HIGHEST Bib TOTAL FACTORED RATE CHECK IF RECOMMENDATION [lfturrmy (1) SECONDARY C MF1ED "KEY" ONLY MfWSE . Murray Logan Construction, Inc. $183.45 (1) PRIMARY D.S. Eakins Construction Corporation $211.40 X (1) SECONDARY Palmwood Corp., Inc- 'No Bid LOT III IST BIDDERS FROM LOWEST TO HIGHEST 6 TOTAL FACTORED RATE CHECK IF RECOMMENDATION [lfturrmy (1) SECONDARY CERTIFIED "KEY" ONLY MlWBE Logan Construction, Inc. $183.45 (1) SECONDARY D.S. Eakins Construction Corporation $ 183.40 X (1) PRIMARY Paknwood Corp., Inc. No Bid LIST BIDDERS FROM LOWEST TO HIGHEST Murray Logan Construction, Inc. D.S. Eakins Construction Corporation Pa lmwood Corp., Ina. IV-9fh molt (O'd TOTAL FACTORED RATE S 169.95 $184.40 No Bid Continued.... CHECK IF RECOMMENDATION CERTIFIED "KEY" ONLY M/W8E (1) SECONDARY X (1) P}JMARY 6.16 WVU ViiiA, 4fid aWv & VI BID* 02 -0691KM SUPERSEDES BID M 99120 LOT V LIST 810DERS FROM LOWEST TO Murry Logan Construction, Inc. D.S. Eakins Construction Corporation Padmwood Corp., Inc. LOS' VI BIIJ Inr:: RECAP SHEET CriatS w4h Egtjaymw;t, Form Ranto! of, Term uontract SIJY - Kristen Monnett. t S BN) TOTAL FACTORED RATE CHECK IF RECOMMENDATION M/WBE (2) D.S. Ea( ins Construction Corporation CERTIFIED "KEY" ONLY X (1) PRIMARY Murray Logan Construction, Ma MIWBE (1) SECONDARY ;169.95 N Bid (1) SECONDARY S 1)O.9Q X (1) PRIMARY No Old LIST BIDDERS FROM LOWEST TO HIGHE 1.31D S OTAL FACTORED RATE CHECK IF RECOMMENDATION t S W.00 per hour CERTIFIED "KEY" ONLY D.S. Eakins Construction Corporation $ M/WBE (2) D.S. Ea( ins Construction Corporation $115.50 X (1) PRIMARY Murray Logan Construction, Ma 114.00 (1) SECONDARY Palmwood Corp., Inc. N Bid VII LIST BIDDERS FROM LOWEST TO WGHES 010 TOTAL FACTORED RATE CHECK IF RECOMMENDATION, CERTIFIED "KEY" ONLY "pAmr. Murray Logan Construction, Inc. S 50.00 per hour ' CERTIFICATE OF INS] (1) PRIMARY Palrwood Corp.. Inc. S W.00 per hour [ (1) SECONDARY D.S. Eakins Construction Corporation $ 185.00 per hour X (2) KEYS) FOR RECOMMENDATION. (P (1) RECOMMENDED AWARD - LOWEST RES (2) NO AWARD. RESPONSIVE, allT NOT L (3) NO AWARD, NOT RESPONSIVE TO BID. (b) NOT TECHNICALLY EVALUATED RECOMMENDED AWARD TO CERTIFIED U1WB IF YES Td ABOVE, TOTAL DOLLAR VALUE OF DOES EVALUATING DEPARTMENT CONCUR v IREMARKS: LOT VII -TIE 13REAKER (COIN TC 'THE FOLLOWING HAS BEEN PROVIDED AS P (1 CERTIFICATE OF INS] [ ] PERFORMANCE AND [ I DEPOSITIBID BOND,1 [ I CERTIFICATE OF COI [ I RELATED LICENSES I I WARRANTY INFORMI ( I QUALIFICATION OF B YOUR RECOMMENDATION ABOVE) SUER MEETING SPECIFICATIONS . MEETING SPECIFICATIONS. YES X NO____ $ CATEGORY: YES X NO OF THE AWARD PROCESS: NCE. IF REQUIRED MENT POND, IF REQUIRED :QUIRE rENCY, IIF REQUIRED PERMITS, IF REQUIRED N. IF REQUIRED "113 INgURMATION, IF REQUIRED 1PORI Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, FL 33415 -3199 (561)616 -6800 FAX: (561) 616 -6811 www.pbcgov.comlpur ■ Palm Beach County Board of County Commissioners Warren H. Newell. Chairman Carol A. Roberts. Vice Chair Karen T. Marcus Mary McCarty Burt Aaronson Tony Masilotti Addie L. Greene County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer' printed on recycled paper E�I' Construction Carl -- )ratlon Lake Park, FL 33403 Dear Vendor: Form L TERM CONTRACT #: 02069 This is to inform you that Palm Beach County Board of County Commissioners is entering into a Term Contract with your company for Rental of Crews with Equipment based on one of the following: [X] FORMAL BID #: 02- 0691KM - Lot #1 - Primary - Road Finishing Crew @ $250 per hr. - Lot #I1 - Secondary - Concrete or Metal Pipe Laying Crew.@ $230 per hr; Dump Truck @ $50 per hr; Well Point Equipment @ $40 per hr; Tandem Dump with Sideboards @ $50 per hr & Tri -Axle Dump with Sideboards @ $50 per hr. - Lot #ill -.Primary - Concrete or Metal Pipe Laying Crew @ $210 per hr; Dump Truck @ $50 per hr; Well Point Equipment @ $46 per hr; Tandem Dump with Sideboards @ $50 per hr & Tri -Axle Dump with Sideboards @ $50 per hr. - Lot #IV - Primary - Concrete or Metal Pipe Laying Crew @ $200 per hr; Dump Truck @ $50 per hr; Well Point Equipment g$40 per hr; Tandem Dump with Sideboards @ $50 per hr & Tri -Axle Dump with Sideboards @ $50 per hr. - Lot #V - Primary - Concrete or Metal Pipe Laying Crew @ $185 per hr; Dump Truck @ $50 per hr; Well Point Equipment @ $40 per hr; Tandem Dump with Sideboards @ $50 per hr & Tri -Axle Dump with Sideboards @ $50 per hr. Lot #VI - Primary - Infiltration Drainage Crew @ $185 per hr; Dump Truck @ $50 per hr; Well Point Equipment @ $40 per hr; Tandem Dump with Sideboards @ $50 per hr & Tri -Axle Dump with Sideboards @ $50 per hr. The term of this contract is 08101/2002 through 07/3112003. The estimated dollar value for ail awarded vendors is $ 570.000. The obligations of Palm Beach County under this contract are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners. Palm Beach County Departments will issue hard copy orders hgainst this contract as your authorization to deliver. All invoices must reference each unique document number. If you have any questions, please contact Kristen A. Monnett. Buyer at JqUI 616 -6825. rely, M. Scarlett Director c: Larry Schaner, Facilities Development & Operations Mike Bowman, Road & Bridge Conrad Ailstock, Water Utilities File , v1111 Y Y „. AMENDMENT #1 Dated: April 29, 2002 PALM BEACH COUNTY PURCHASING DEPARTMENT 50 SOUTH MILITARY TRAIL, SUITE 110 WEST PALM BEACH, FLORIDA 33415 -3199 BID #: 02- 069 /KM TITLE: Crews with Eguipment, Rental of, Term Contract OPENING DATE: May 9, 2002 REFERENCE SPECIFICATIONS, PAGE 12 Under BASE RATE - Delete "Daily Rate (LOT 1)” in its entirety Under Hourly Rate - Add LOT I REPLACE BID RESPONSE, PAGE 13 WITH THE ATTACHED REVISED BID RESPONSE, PAGE 13 NOTE: For all bidders offering on Lot 1, this executed amendment shall be returned with your bid response. Failure to include with bid response shall result in rejection of your bid. D. S. EAKINS CONSTRUCTION CORP. 05/0 & /02 COMPANY NAME SIGNATURE / ATE Kristen A. Monr(ett, Buyer Patricia M. Wiltse, Purchasing Manager u wag v •.;1 vvuuty "mmissioners f Warr8n H. Newe!I, Chairman Y areal T. Niar cus Mary McCarty Burt Aaronson Tony Masilotti Addie L. Greene i V_ County Administrator 1 oberi Weismar - BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID #02- 069 /KM CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT BID OPENING DATE: May 9, 2002 AT 2:00 P.M. Purchasing Department www.pbcgov.com/pur It is the responsibility of the bidder to insure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department (561) 616 -6800. It is requested that all bids be submitted in triplicate, one original and two copies. BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED IN INK BY AN OFFICER HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Palm Beach County is exempt from Federal and State Taxes for tangible personal property. Call Bid Hotline number 795 -8080 (from Palm Beach, County), 425 -7420 (from Broward County), or 655- 4527 (from Dade County) or tune in to the Education and Government Television Cable Channel for a list of additional advertised "Invitations for Bid" and "Requests for Proposal ". The Bid Hotline also provides updates on posted award recommendations. This same information, to include posted award information, is available on our web site www.pbcgov.com /pur. Protests can be accepted only during the five (5) business day posting period. CAUTION Amendments to this Invitation for Bid will be automatically sent only to those vendors who received this document directly from Palm Beach County Purchasing Department. Palm Beach County shall not be responsible for the completeness of any Invitation. for Bid package not purchased directly from Palm Beach County Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415 -3199 (561) 616 -6800 FAX: (561) 616 -6811 Page t ' B RD OF COUNTY COMy -AiSSIOINERS t Paim Beach County INVITATION FOR BID BID NO: 02- 069 /KM BID TITLE: Crews with Equipment Rental of Term Contract PURCHASING DEPARTMENT CONTACT: Kristen Monnett, Buyer TELEPHONE NO.: 561 -616 -6825 All bid responses must be received on or before May 9, 2002 , prior to 2:00 p.m., Palm Beach County local time, at which time all bids will be publicly opened and read. SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415 -3199. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and /or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this invitation to secure bids for item(s) and /or services as listed herein. The selected awardee shall be bound by all terms, conditions, and requirements in these documents and is hereby placed on notice that acceptance of this bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which will form the binding contract between Palm Beach County and the successful bidder. Changes to this invitation for. bid may be made only by written amendment issued by the County Purchasing Department. Bidders are further advised to closely examine every section of this document, to ensure that alt sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response, which will be provided to all prospective bidders, prior to bid opening. Oral explanations or instructions given by any County agent will not be binding and should not be interpreted as altering any provision of this document. Bidder certifies that this bid is made without reliance on any oral representations made by the County_ The obligations of Palm Beach County under this award are subject to the availability of funds lawfully appropriated for its purpose. 2. LEGAL REQUIREMENTS a. . COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. The successful bidder must strictly comply with Federal, State and local building and safety codes_ Equipment must meet all State and Federal Safety regulations_ Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid meets all O.S.H.A., ANSI, NFPA and all other Federal and State requirements. Bidder further certifies that, If it is the successful bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the bidder. In compliance with Chapter 442, Florida Statutes, any toxic substance resulting from this bid must be accompanied by a properly completed Material Safety Data Sheet (MSDS). The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful bidderand Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid_ b. DISCRIMINATION PROHIBITED: Palm Beach Countyis committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. The successful bidder is prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. c. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of the following: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWOfor a period of 36 months from the date of being placed on the convicted vendor list." * 1.. d e. Bidder• -ertif esthat- ,`�sen`er�dImo comisnit a r'rai:vtsi6,,t, : e.tf�!1, urn av4ul, or wrongful act, or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act incident-to doing business with Palm Beach County may result in permanent debarment. No premiums, rebates or gratuities permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, removal from the vendor bid list(s), and /or debarment or suspension from doing business with Palm Beach County. CONFLICT OF INTEREST: All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, all bidders must disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the bidder's firm or any of its branches. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses andlor causes of action which may arise from any negligent act or omission of the successful bidder, its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and /or resultant contract g. PUBLIC RECORDS: Any material submitted in response to this invitation for bid will become a public document pursuant to Section 119.07, F.S. This includes material which the responding bidder might consider to be confidential or a trade secret Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, F.S. h. RECYCLING: In compliance with Palm Beach County Recycled Paper Product Procurement Ordinance, all bidders agree to the following as a precondition to contract award: (1) reports submitted to the County by successful bidders shall use both sides of paper sheets whenever Practicable; (2) successful bidders shalt be responsible for maintaining records documenting usage of recycled paper for reports submitted to the County in fulfillment of contractual obligations, and shall submit such records to the County, as required; and (3) reports submitted to the County by successful bidders in fulfillment of contractual obligations shall use recycled paper when it is available at a reasonable price and of satisfactory quality to meet contractual performance standards. For purposes of this Paragraph. the price of recycled paper shall be considered "reasonable" if its cost is no more than 10% higher than the lowest price offered for non - recycled paper. Page 3 T-_yDEF,` f.: E, JURISDICTION: i his inv: stion for Bid shall be included and incorporated in the final award. The order of contractual precedence will be the bid document (original terms and conditions), bid response, and purchase order (PC) or term contract order (PG). Any and all legal action necessary to enforce the .award or the resultant contract will be held in Palm Beach County and the contractual obligations will be interpreted according to the laws of Florida. 3. BiD SUBMISSION a. SUBMISSION OF RESPONSES: All bid responses must be submitted on the provided Invitation for Bid "Response" Form. Bid responses on vendor letterhead /quotation forms will not be accepted. Responses must be typewritten or written in Ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container, which should have the enclosed address label affixed and bearing the bid number. b. CERTIFICATIONS LICENSES AND PERMITS: Unless otherwise directed in the Special Conditions of this bid, bidder must include with its bid a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the bidder shown on the bid response page. It shall also be the responsibility of the successful bidder to submit, prior to commencement of work, a current Occupational License for Palm Beach County and all permits required to complete this contractual service at no additional cost to Palm Beach County. In lieu of a Palm Beach County Occupational License, non - residents regulated by the State of Florida Department of Professional Regulation may submit a copy of their State of Florida Department of Professional Regulation License and a current Occupational License issued by the County or City where their business is located. It is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract DRUG FREE WORKPLACE CERTIFICATION: In compliance with Florida Statute (Section 287.087) attached form "Drug -Free Workplace Certification" should be fully executed and submitted with bid response in order to be considered for a preference whenever two (2) or more bids /proposals which are equal with respectto price, quality, and service are received by Palm Beach County. X14 t d. CONDITIONED OFFERS: Bidders are c�._.,'on�d that any cond; tion, qualification, provision, or corn -anent in their bid,. or in other correspondence transmitted with their bid, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their bid as non - responsive. e. PRICING: (1) (2) (3) (4) Prices offered must be the price for new merchandise and free from defect. Unless specifically requested in the bid specifications, any bids containing modifying or escalation clauses will be rejected. Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of bid opening or other time stated in special conditions. In the event of mathematical error(s), the unit price will prevail and the bidder's total offer will be corrected accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER PRIOR TO BID OPENING. IF THE INTENT OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE BID SHALL BE REJECTED. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified in- the special conditions. Bidders should reflect any discounts to be considered in the unit prices bid. f. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to bid on some items sought by this solicitation should mark those items as "no bid." If some items are to be offered at no charge, bidders should mark those items as "no charge." Items left blank will be considered a "no bid" for that item, and the bid will be evaluated accordingly. Bidders who do not wish to submit bids on any item in this solicitation, should return a "Statement of No Bid" in an envelope plainly marked with the bid number and marked "NO BID." g. ACCEPTANCEIREJECTION OF BIDS: Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (1) waive any non- substantive irregularities and technicalities; (2) reject the bid of any bidder who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred from doing business with the County, or who is not in a position to perform property under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform. Palm Beach County reserves the right to reject any offer or bid if the prices for any line items or subline items are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is a reasonable doubt that the offer would result in the lowest overall cost to the County, even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair Page 4 mzer',et ,grit a for some � d line item and significantly greater than fair market price for other bid line items. Fair market price shall be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line Rems may be obtained in the market place. The determination of whether a particular offer or bid is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination. h. NON - EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract. i. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Palm Beach County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. 4. BID OPENING /AWARD OF BID OBSERVING THE PUBLISHED BID OPENING TIME: The published bid opening time shall be scrupulously observed. It is the sole responsibility of the bidder to ensure that their bid arrives in the Purchasing Department prior to the published bid opening time. Any bid delivered after the precise time of bid opening will not be considered, and will be returned to the bidder unopened if bidder identification is possible without`opening. Bid responses by telephone, telegram, or facsimile. shall not be accepted. Bidders shall not be allowed to modify their bids after the published bid opening time. b. POSTING OF AWARD RECOMMENDATION-, Recommended awards will be publicly posted for review, at the Purchasing Department prior to final approval, and will remain posted for a period of five (5) business days. Bidders desiring a copy of the bid tabulation of the Invitation for Bid may request same by enclosing a self - addressed, stamped envelope with their bid. (NOTE: As a service to bidders, the County provides an unofficial list of award postings on television Channel 20 and on our bid hot -line, telephone 561- 795 -8080. These listings are updated weekly, normally on Friday. In any discrepancy between these listings and the official posting in the Purchasing Department, the later shall prevail.) also csL:),� C �o ��;'� f'urcl;as +ny Code. Protests must be in writing, addressed to the Director of Purchasing, identifythe solicitation, specify the basis for the protest, and be received by the Purchasing Department within five (5) business days of the posting date of the recommended award. The protest is considered filed when it is received by the Purchasing Department. Failure to file protest as outlined in the Palm Beach County Purchasing Code shall constitute a waiver of proceedings under the referenced County Code. 5. CONTRACT ADMINISTRATION a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time is of the essence and delivery dates must be met Should the.successful bidder fail to deliver on or before the stated dates, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful bidder shall be responsible for making any and all claims against carriers for missing or damaged items. Delivered items will not be considered "accepted" until authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The Board of County Commissioners may return, at the expense of the successful bidder and for full credit, any item(s) received which fail to meet the County's specifications or performance standards. b. FEDERAL AND STATE TAX: Palm Beach County is exempt from Federal and State Taxes for tangible personal property. The authorized agent for Purchasing will provide an exemption certificate to the successful bidder, upon request Successful bidders are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are successful bidders authorized to use the County's Tax Exemption Number in securing such materials. c. PAYMENT: Payment wilt be made by the County after commodities /services have been received, accepted and properly invoiced as indicated in the contract and /or order. Invoices must bear the order number. d. CHANGES: The Director of Purchasing, Palm Beach County, by written notification to the successful bidder may make minor changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract The successful bidder will not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners. Page DF .,,A 11_7, The 0- Jlty rna,;, by w;`Fit,'n noiic8 of def2U -3sUI v d E-�r, tee Min-:te the raC, n Win cle a in part if the successful bidder fails to satisfactorily perfom any provisions of this solicitation or resultant contract, o fails to make progress so as to endanger performance under the terms and conditions of this solicitation o resultant contract, and does not remedy such failure withir a period of 10 days (or such longer period as the Directo of Purchasing may authorize in writing) after receipt o notice from the Director of Purchasing specifying su&,, failure. In the event the County terminates this contract in whole or in part because of default of the successfui bidder, the County may procure goods and /or services similarto those terminated, and the successful bidder shall be liable for any excess costs incurred due to this action. If it is determined that the successful bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the successful bidder), the rights and obligations of the parties shall be those provided in Section 5f, "Termination for Convenience:" - TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination becomes effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from the entire contract Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work, and will stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding. orders and /or subcontracts related to the terminated work. THIS IS THE END OF "GENERAL CONDITIONS." PLEASE PROCEED TO THE NEXT PAGE. Page ' — ` SPECIAL CONDITIONS 6. GENERAUSPECIAL CONDITION PRECi =DENCE in the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions will hav, precedence. 7. PRE -BID CONFERENCE f NON- MANDATORY! Alt interested parties are invited.to attend a pre -bid conference which will be held at Palm Beach Countyy Purchasing, 50 S. Militar Trail, Suite 109, West Palm Beach, FL on aril 25.2002 commencing at 8:30 a.m. At this time, the County's representative will be available to answer questions relative to this Invitation for Bid. Any suggestec modifications may be presented in writing to, or discussed with the County's representative(s) as possible amendments to the Invitation for Bid. In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least three days notice. 8. (,QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and /or service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. , The bidder should submit the following information with the bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. A. List a minimum of three 3 references in which similar goods and /or services have been provided within the past two JQ years including scope of work, contact names, addresses, telephone numbers and dates of service. A contact person shall be someone who, has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who will be unable to answer specific questions regarding the requirement B. Supply appropriate licenses (i.e., Certificate of Competency as a fence contractor) (Lot VII). t 9. AWARD (LOT -BY -LOT) Palm Beach County will award this bid to the lowest, responsive, responsible bidder on a lot -by -lot basis. The County reserves the right to reject bids which would result in an award which is financially disadvantageous to the County. An award may be considered financially disadvantageous when it would result in an award to a bidder for less than $1,000, or when it would result In awards of multiple small fragments. This policy is predicated on avoidance of increased administrative costs and operational complexity. 10. PRIMARY AND SECONDARY DESIGNATION Palm Beach County reserves the right to make multiple awards for this solicitation. In the event the Board of County Commissioners exercises this right, the lowest responsive, responsible bidder will be designated primary awardee and the next lowest responsive, responsible bidder will be designated secondary awardee. The primary awardee will be given the first Opportunity to perform. The secondary awardee shall be contacted only after the primary awardee has refused to perform. The Primary awardee is expected to perform all work offered to them, unless they are unable to perform it for lack of resources or technical ability. The primary awardee maybe found in default of this contract if it declines more than 15 % of the offered work, or if it establishes a pattern of accepting only the more desirable work and declining the less desirable work. Page'. 1'1.` SUBCONTRACTING ;;s 'c. sul; c ttf act any po;icn of a contract resulting from this bid for any reason, it must provide, with its bic response, the subcontractor(s) name, address, point of contact, and extent of work to be performed by the subcontractor(s). Palm Beach County reserves the right to reject a bid of any bidder if the bid names a subcontractor who has, in the sole opinior of the County, previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, of who is'not in a position to perform properly under this award. If the successful bidder, after commencement of the contract, desires to subcontract work not previously identified for subcontract, or desires to change from an approved subcontractor to another subcontractor, it must provide to the County, in writing, the subcontractor(s) name, address, point of contact, and extent of work to be performed by the subcontractor(s). No subcontractor may begin work under this contract without prior approval, in writing, from Palm Beach County. 12. METHOD OF ORDERING (TERM CONTRACTI A contract shall be issued for the term of the award, which shall be for the designated time period or until the estimated amount is expended, at the discretion of the County. The County will order on an *as needed" basis. 13. F.O.B. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract order (PG). Bid responses showing other than F.O.B. destination will be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. 14: RESPONSE TO SITE Crews with equipment shall be required on site within 48 hours after receiptof term contract order (PG) unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Department or the designated County agent_ On -site /start times shall be strictly adhered to without deviation. Failure of the successful bidder to perform to this requirement is sufficient cause for default and termination of the contract. 15. EQUIPMENT The successful bidder shall, at a minimum, own or have access to the following list of equipment, if required. The rate offered for item 1 (Lots II thru VII) shall include any /all of the items listed below. Failure to provide the specified equipment shall be sufficient cause for default and contract termination. a. Pneumatic plugs, 6" - 72" b. Steel sheeting and shoring c. 3" Diaphragm pump with 50' discharge hose d. Hydraulic pumps capable of loading tankers e. Laser beam f.. Boom truck with 12,000 lb. capacity g. Underwater (hydraulic) saw for cutting pipe h. Air compressor and jack hammers I. Backhoe with minimum lifting capacity of 12,000 lbs. for setting manholes, catch basins, etc. j. Front end loader k. 1 1/2 ton asphalt roller I. Vibratory compaction equipment 16: ESTIMAT- ED EXPENDITURES The anticipated term of the contract to be awarded as a result of this bid is for 12 months. The anticipated value during the contract term is $500.000. Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements, and to rebid for the contracted goods and services at any time after the anticipated value of this contract has been reached, notwithstanding that the anticipated term has not been completed. 17. RENEWAL OPTION The successful bidder shall be awarded a contract for 12 months with the option to renew for two 2 additional 12 month period(s). The option for renewal will only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal will be subject to appropriation of funds by the Board of County Commissioners. Page 18. WORT( SITE SAFETY /SECURITY The successful bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder's owl property, and /or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. Whei applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County mad withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or its agents. 19. INSURANCE REQUIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County Purchasing Department, Attention Records Specialist, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415: Workers' Compensation and Employer's Liability coverage is required for all personnel who work on this project. This shall include the personnel of the contractor and any subcontractors, regardless of the size of the company. Exemptions for small companies will not be accepted. Coverage must include Employer's Liability with minimum limits of $100,000 Each Accident, $500,000 Disease - Policy Limit, $100,000 Disease -Each Employee. Business Auto Policy, or similar form, shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for Bodily Injury and Property Damage Liability. Coverage shall include coverage for all Owned Autos, Hired Autos and Non -owned Autos. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semitrailer designed for travel on public roads.) Commercial General Liability, or similar form, shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and /or Operations, Independent Contractors, Products and /or Completed Operations, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X -C -U) must also be included when applicable to the work to be performed. (WHEN APPLICABLE: Professional Liability insurance shall have minimum limits of $500,000 Per Occurrence and $500,000 Aggregate.) A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted within a time frame specified by the County (normally within 2 working days of request). Except as-to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said Certificate(s) shall clearly state that coverage required by the contract has been endorsed to include "Palm Beach County. a Qolitical subdivision of the State of Florida its officers, agents and employees as Additional Insureds." Required insurance shall support Contractor's Indemnity Agreement set forth herein and in any resultant contract, and shall so state in said Certificate. Further, said Certificates) shall unequivocally provide thirty (30) days written notice to County prior to any adverse change, cancellation or non - renewal of coverage thereunder. it is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance will be considered default of contract. Ali insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. All insurance provided hereunder shall be endorsed to show that it is primary as respects to County. y ,.. Page • *�:L,, s'.,';� ",'� ' ^,i't`',.r'sil` ..:1 =k.i ?_J. r'.i +..� 1 �,`V'c i.. PROGRAM SE,+CH �;OUiNTY ;00E, CHAPTER 2, ARTICLE 111, SECTIONS 2 -71 THRU 2 -80.13 (BID PREFERENCE) Item 1 - Policy It is the policy of the Board of County Commissioners of Palm Beach County, Florida that Minority and Women Busines Enterprises (M/WBEs) have the maximum practical opportunity to participate in the competitive process of supplying goods am services to the County. To that end the Board of County Commissioners enacted Palm Beach County Code, Chapter 2, Articl 111, Sections 2 -71 thru 2- 80.13, as amended, which sets forth the County's requirements for the M/WBE program, which an incorporated in this solicitation. Compliance with the requirements contained in this section shall result in a bidder being deemei responsive to M/WBE requirements. The provisions of Palm Beach County Code, Chapter 2, Article 111, Sections 2 -71 thru 2 80.13, and as may be further amended, are applicable to this solicitation, and shall have precedence over the provisions of thi: solicitation in the event of a conflict. Item 2- Bid Compliance All non - certified bidders are required to submit Schedules 1 & 2 with their bid if the bidder is proposing the use of M/WBE subcontractors. A list of M/WBE subcontractors to be used, if applicable, on the subject contract shall be submitted with each bic (Schedule 1, Participation of M/WBE contractors). For each MNVBE firm that is listed on Schedule 1, a "Letter of latent to Perform' Schedule 2 must be submitted with the bid. A bidder failing to submit these forms with their bid shall be considered ineligible to receive a bid preference, as described in Item 3 below. Item 3 - Contract Award Criteria The contract award procedure for this solicitation will be under the bid preference system to maximize M/WBE participation. The bid preference system as provided for in the Palm Beach County Code, Chapter 2, Article III, Sections 2 -71 thru 2- 80.13, requires the award to be made to the responsive bidder who includes the highest M/WBE utilization as long as that bid does not exceed the low bid by more than 10 %_ Item 4 - M/WBE Certification Only those firms certified by Palm Beach County at the time of bid opening shall be considered eligible for bid-preference. IT TAKES UP TO SIXTY (60) DAYS TO BECOME CERTIFIED AS A M/WBE WITH PALM BEACH COUNTY. If a firm is certified by another jurisdiction, a request may be submitted to the Office of Small and Minority/Women Business. Enterprise in advance of the bid submittal deadline for validation of that certification by Palm Beach County. However, such firms will not be considered eligible for bid preference unless certification is approved prior to bid opening. It is the responsibility of the bidder to confirm the certification of any proposed M/WBE; therefore, it is recommended that bidders contact the Office of Small and Minority/Women Business Enterprise at (561) 616 -6840 to verify certification. Item 5 - M/WBE Supplier All bidders may count sixty percent (60 %) of their expenditures to certified M/WBE suppliers that are not manufacturers, provided that the M/WBE supplier(s) performs a commercially useful function (as defined in Palm Beach County Code, Chapter 2, Article 111, Sections 2 -71 thru 2- 80.13, as may be amended). Item 6 - Responsibilities After Contract Award All bidders offering M/WBE subcontracting participation hereby assure that they will meet the M/WBE participation percentages submitted in their respective bids with the subcontractors contained on Schedules 1& 2 and at the dollar values specified. Bidders agree to provide any additional information requested by the County to substantiate M/WBE participation. Any successful bidder who has offered M/WBE subcontracting participation shall submit "M /WBE Activity Form' (Schedule 4) and 'MfWBE Payment Certification Forms" (Schedule 5) with each payment application. These forms can be obtained from the Purchasing Department upon request. Failure to provide these forms may result in a delay in processing payment or disapproval Of the invoice until they are submitted. The "M/WBE Activity Form" is to be filled out by the Prime Contractor and the "M/WBE Payment Certification Forms" are to be executed by the MNVBE subcontractor to verify receipt of payment. Item 7 - MNVBE Substitutions Page 10 After Contract award, the successful bidder will only be permitted to replace a certified M/WBE subcontractor who is unwilling or unable to perform. Such substitution must be done with other certified M/WBEs in order to maintain the MANSE percentages submitted with the bid. If a bidder cannot find a certified M/WBE to replace the originally proposed MANSE, the bidder must establish that they exercised good faith efforts in an attempt to do so. Requests for substitutions must be submitted to the Purchasing Department and the Office of Small and Minority/Women Business Enterprise. CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT SCOPE Page..i The sole purpose and intent of this Invitation for Bid is to establish a firm, fixed price term contract for the rental of crews witl equipment to be used by various departments throughout Palm Beach County for repairs as specified in Lots 1 through VII. GENERAL Equipment, Condition and Responsibility The Contractor will be responsible for repairs and maintenance of its equipment. The equipment will be operates by the Contractor and kept in good working condition, including all grease, oil, parts and fuel necessary. 2. Prosecution of the Work The Contractor will be required to prosecute the work uninterrupted, in such a manner, with the specified labor and equipment so as to ensure that projects as defined and agreed upon are completed within the framework of this contract. Unless modified, in writing, by a designated Palm Beach County department representative on• sitelstart times shall be strictly adhered to without deviation. Equipment will not be substituted without prior written approval from the designated Palm Beach County department representative. Equipment operators must be fully licensed as applicable and competent in the use of the assigned equipment. Failure to comply with any of these requirements is sufficient cause to terminate contract because of default by the successful bidder. 3. Equipment and Personnel Contractor equipment deemed defective by the designated Palm Beach County Project Supervisor shall be promptly removed, from the site. Personnel employed either directly or indirectly by the Contractor that are deemed to be incompetent, inept or unfitto perform the work in the opinion of the designated. Palm Beach County Project Supervisor, shall be promptly removed from the work under this Contract and such person shall not again be employed on the work. Failure of the Contractor to remove defective equipment or incompetent personnel, may result in the termination of this Contract. 4. Suspension of the Work The designated Palm Beach County Project Supervisor or his duly appointed representative shall have the authority to suspend the work for the following reasons: (a) default of the contractor, (b) unfavorable weather conditions; (c) mechanical failure of loading, hauling, digging or spreading equipment being used in the prosecution, both of the work under this contract and the work being done by County forces adjunctive thereto; (d) or any other condition which, in the judgement of the representative makes it impractical to secure first -class results. 5. Payment Contract is based on an hourly or daily rate as requested. Crews and /or equipment shall be available on an "as needed basis" with no guarantee by the County of the amount of use. However, any crews and /or equipment based on an hourly rate called out for a period of less than four (4) hours shall be compensated for at a minimum of four (4) hours. "Down Time" is not to be computed as rental time and will not be compensated for. . Payment for equipment and crews shall be made for actual time worked on site only. The County will not be charged for mobilization, demobilization, travel between job sites, etc. Payment (hourly /daily rates) shall be full compensation for all labor, equipment, tools, fuel, oil, greases, insurance, taxes, fees, plant, transportation, suspensions, delays, and incidentals necessary to complete the service described in and as set forth in this contract. Projects started prior to the termination of this contractwiil be allowed an additional thirty (30) days for completion Page i SPECIFICATION'S BID X02- 0691KM CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT The Palm Beach County Project Supervisor or designee shall review and approve Contractor's "Daily Billinc Ticket" to verify actual number of hours worked by the piece of equipment and /or crew as applicable. BASE RATE: Daily Rate (LOT 1): Compensation, e� r day, shall be paid at the "base" rate (crews with equipment) for actual time worked. A sinalE daily rate is defined as 7 a.m, thru 5 p.m., Monday through Friday. Additionally, the "base" rate shall include bu not be limited to, mobilization, demobilization, transportation, fuel and all other incidental expenses related to the contracted service. Hourly Rate (LOTS 11, IV, VI AND VII): Compensation shall be paid at the "base" hourly rate (crews with equipment) for actual time worked, 24 hours a day, 355 days per year. Equipment which remains on site, without operator, for the convenience of the contractor will not be compensated. The County will not be charged for mobilization, demobilization, transportation, fuel, or any other incidental expense rated to the performance of this contract All costs to be charged to the County for the performance of this contract must be included in the "base" hourly rate offered by the bidder. Hourly Rate (LOTS ill AND V): Compensation shall be paid at the "base" hourly rate (crews with equipment) Monday through Friday between 7:00 a.m. and 5:00 p.m. for actual time worked. Equipment which remains on site, without operator, for the convenience of the contractor will not be compensated. The County will not be charged for mobilization, demobilization, transportation, fuel, or.any other incidental expense rated to the performance of this contract All costs to be charged to the County for the performance of this contract must be included in the "base" hourly rate offered by the bidder. PREMIUM RATES (LOTS Ill AND V): Overtime Rate: Compensation shall be paid at a rate of 1.5 times the awarded base hourly rate for actual time worked between the hours of 5 p.m. and 7 a.m., Monday through Friday and weekends. Equipment which remains on -site, for _convenience, without operator shall not be compensated. Equipment which is used or continues to function into premium rate time frames, without operator, shall be paid at the "base" rate only. Holiday Rate: Compensation shall be paid at a rate of 2.0 times the awarded base hourly rate for actual time worked during Palm Beach County legally recognized holidays. Equipment which remains on -site, for convenience, without operator shall not be compensated. Equipment which is used or continues to function into premium rate time frames, without operator, shall be paid at the "base" rate off. mwl _71 BID #02- 069 /KM CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT I -ROAD & BRIDGE DEPARTMENT: ITEM DESCRIPTION (•) NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. 1. ROAD FINISHING CREW CONSISTING OF A MINIMUM (3) EXPERIENCED OPERATORS, including Motor Grader, Roller and Water Wagon when necessary I requested, to prepare a shell or limerock road base ready for prime in compliance with the latest Florida DOT standard specifications and measurements. Payment shall be made by the hour for road finishing.crew and shall include all equipment, labor, water, density tests of base as requested, and all miscellaneous associated costs. County shall provide material for road base. LOT 11- ROAD & BRIDGE DEPARTMENT, PARKS & RECREATION DEPARTMENT, WATER UTILITIES DEPARTMENT, DEPARTMENT OF AIRPORTS: . (') NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. ITEM DESCRIPTION Page 12 BASE PRICE PER HOUR (" $ 250.00 (•� BASE PRICE WEIGHT FACTORED PER HOUR (') FACTOR RATE 1. CREW - CONCRETE OR METAL PIPE LAYING, $ 230.00 X 90 = $ 207.00 consisting of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavating, installing and back filling equipment necessary for laying pipe 36" up to 84" diameter. County shall furnish materials. 2. Dump Truck, 15 - 20 cu. yd. capacity (for concrete and $ 50.00 X .02 = $ 1.00 asphalt disposal) when requested with item #1 only. 3. Well Point Equipment up to 150 points complete $ 40.00 X .06 = $ 2.40 including pump and jetting equipment (run time only) .when requested with item #1 only. 4, Tandem Dump Truck with sideboards, 12 cu. yd. $ 50.00 X 01 = $ .50 capacity when requested with item #1 only. 5. Tri-Axle Dump Truck with sideboards 18 cu. yd. $ 50.00 X .01 = $ .50 V' capacity when requested with item #1 only. LOT 11, TOTAL FACTORED RATE: 211 Continued.... NAME OF FIRM:_1) , S. EAKINS CONSTRUCTION CORPORATION BID R ES' P0NSSE BID #02- 069 /KM CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT/// - FACILITIES DEVELOPMENT & OPERATIONS: Page 1 (•) NOTE: BASE RATE SHALL BE HOURLY, MONDAY THROUGH FRIDAY (BETWEEN 7:00 AM. AND 5:00 P.M.); HOWEVER, COMPENSATION WILL PAID FOR OVERTIME AND HOLIDAY RATES (SEE PAGE 12). BASE PRICE WEIGHT FACTORED ITEM DESCRIPTION PER HOUR (•) FACTOR RATE 1. CREW - CONCRETE OR METAL PIPE LAYING, $ 210'.00 X .90 = $ 189.00 consisting of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavating, installing and back filling equipment necessary for laying pipe 36" up to 84" diameter. County shall furnish materials. 2. Dump Truck, 15 - 20 cu. yd. capacity (for concrete $ 50.00 X .02 = $ 1.00 and asphalt disposal) when requested with item #1 only. 3. Well Point Equipment up to 150 points complete $ 40.00 X .06 = $ 2.40 including pump and jetting equipment (run time only) when requested with item #1 only. 4. Tandem Dump Truck with sideboards, 12 cu. yd. $ go-on X .01 = $ 5n capacity when requested with item #1 only. 5. TO -Axle Dump Truck with sideboards, 18 cu. yd. $ 50.00 X .()1 = $ .50 capacity when requested with item #1 only. LOT III, TOTAL FACTORED RATE: $ 143.40 LOT IV - ROAD & BRIDGE DEPARTMENT, PARKS & RECREATION DEPARTMENT, WATER UTIUTIES DEPARTMENT, DEPARTMENT OF AIRPORTS: (•) NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. BASE PRICE WEIGHT FACTORED ITEM DESCRIPTION PER HOUR ( • 1 FACTOR RATE 1. CREW - CONCRETE OR METAL PIPE LAYING, $ 200.00 X .90 = $ 180.00 consisting of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavating, installing and back filling equipment necessary for laying pipe up to 36" diameter. County to provide materials. 2. Dump Truck, 15 - 20 cu. yd. capacity (for concrete $ 50.00 X .02 = $ 1.00 and asphalt disposal) when requested with item #1 only. 3• Well Point Equipment up to 150 points complete $ 40.00 X .06 = $ 2.40 including pump and jetting equipment when requested with item #1 only. Continued.... NAME OF FIRM: n S FAVTN. �QNSTRrtCT_TC1T1_ CORP _ Page 1: 131U - 02- 0691KM CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT IV- ROAD & BRIDGE DEPARTMENT, PARKS & RECREATION DEPARTMENT, WATER UTILITIES DEPARTMENT, DEPARTMENT OF AIRPORTS (continued): (•) NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. ITEM DESCRIPTION 4. Tandem Dump Truck with sideboards, 12 cy, yd. capacity when requested with item #1 only. 5. Tri-Axle Dump Truck with sideboards, 18 cu. yd. capacity when requested with item #1 only. BASE PRICE WEIGHT FACTORED PER HOUR(* I FACTOR RATE $ 50.00 X .01 = $ .50 $ 50.00 X .01 = $ .50 LOT IV, TOTAL FACTORED RATE: $ 184 -.40 LOT V - FACILITIES DEVELOPMENT & OPERATIONS DEPARTMENT. (') NOTE: DASE RATE SHALL BE HOURLY, MONDAY THROUGH FRIDAY (BETWEEN 7:00 A.M. AND 5:00 P.M.); HOWEVER, COMPENSATION WILL PAID FOR OVERTIME AND HOLIDAY RATES (SEE PAGE 12). BASE PRICE WEIGHT FACTORED ITEM DESCRIPTION PER HOUR { ") FACTOR RATE 1. CREW -CONCRETE OR METAL. PIPE LAYING, $_ is 5 nn X .90 = $ consisting of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavating, instaQing and back filling equipment necessary for laying pipe up to 36" diameter. County to provide materials. 2. Dump Truck, 15 - 20 cu. yd. capacity (for concrete $ 50.00 and asphalt disposal) when requested with item #1 only. 3. Well Point Equipment up to 160 points complete $_ 40.00 including pump and jetting equipment when requested with item #1 only. 4. Tandem Dump Truck with sideboards, 12 cu. yd. $ 50.00 capacity when requested with item #1 only. 5. Tri-Axle Dump Truck with sideboards, 18 cu. yd. $ 50.00 capacity when requested with item #1 only. X .02 X .06 X .01 $ 1.00 C = $ 7.40 = $ .50 X .01 = $ .50 LOT V, TOTAL FACTORED RATE: $ • 170.90 Continued NAME OF FIRM:_ D. S. EAK_INS CONSTRUCTION CORPORArTnu rtE7;11"UN8 BID #02- 069 /KM CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT VI - ROAD & BRIDGE DIVISION: Page 1E (•) NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. BASE PRICE WEIGHT FACTORED ITEM DESCRIPTION PER HOUR (•) FACTOR RATE 1. CREW - INFILTRATION DRAINAGE, consisting of a $ 185.00 X foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavation of swales 36" wide, 24" deep, 8" cores to existing drainage inlets. Contractor will also be responsible for utility locations and hauling away excess materials. County shall furnish all materials (i.e., rock, filter, cloth, jack & bores, 6' PVC sch. 40 pipe, sand. 2. Dump Truck, 15 - 20 cu. yd. capacity when requested $ 50.00 X with item #1 only. 1 3. Well Point Equipment up to 150 points complete $ 40.00 X including pump and jetting equipment (run time only) when requested with item #1 only. 4. Tandem Dump Truck with sideboards, 12 cu. yd. $ 50.00 X capacity when requested with item #1 only. . 5. Tri-Axle Dump Truck with sideboards, 18 cu. yd. $ 50.00 X capacity when requested with item #1 only. 50 = $ 92.50 10 = $ 5.00 .20 = $ 8.00 .10 = $ 5.00 .10 = $ 5.00 LOT VI, TOTAL FACTORED RATE: $ LLL,5n_ Continued.... NAME OF FIRM:- T), s. RAKTNS (r)NSTRTTf TTnN rnRVnu TQN Page 1 6iU #`U2- 0691KM CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT VII - ENVIRONMENTAL RESOURCES MANAGEMENT. (`) NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. BASE PRICE ITEM DESCRIPTION PER HOUR 01 1. 4 MAN CREW, FENCE REPAIR, including supervisor and 3 skilled tradesmen $ 185.00_(*) all equipment and tools necessary for repairs of existing split rail and sand fence lines located in Palm Beach County, Palm Beach County shall furnish materials. Is Qualification of Bidders information included, per Term and Condition # 8 YES �_ INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. FIRM NAME: D. S. EAKINS CONSTRUCTION CORPORATION DATE: 05108/02 PRINT NAME: CINDI M. FRICK 'SIGNATURE: PRINT TITLE: VICE PRESIDENT ADDRESS:. POST OFFICE BOX 530185, ZIP CITY /STATE: 1481 KINETIC ROAD LAKE PARK, FLORIDA CODE: 33403 E -MAIL: TELEPHONE #: ( ) ,61 FAX #: ( 56, ) APPLICABLE # CG C036066 — STATE LICENSE FEDERAL ID # I SS #: 59- 1691997 LICENSE(S) TYPE: COUNTY LICENSES NUMBER/TYPE # 2001- 14946 — GENERAL CONTR. Cw -001 2001- 14944— GENERAL CONTR. OC -032 TYPE: 2001- 1492— EQUIP.RNTAL /HVY OS -01 STATEMENT OF NO BID BID n,02- 069/KNI CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT Page 1 If you are not bidding on this service /commodity, please complete and return this form to: Palm Beach County Purchasini Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415 -3199. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the County of Palm Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid No. for because of the following reason(s): Specifications too "tight', i.e., geared toward brand or manufacturer . only (explain below) Insufficient time to respond to the Invitation for Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: (Service /Commodity) Page i . , DRUG` 1ZEE WORKPLACE CERTIEICAT11 I BID #02- 069 /KM IDENTICAL TIE BIDS /PROPOSALS - In accordance with Section 287.087, F.S., a preference will be given to vendors submitting with their bids /proposals the following certification that they have implemented a drug -free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the M/WBE sections of the Palm Beach County Code, sections 2 -71 through 2- 80.13. In the event tie bids are received from vendors who have notsubmitted with their bids /proposals a completed Drug -Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids. This Drug -Free Workplace Certification form must be executed and returned with the attached bid /proposal, and received on or before time of bid opening to be considered. The failure to execute and /or.return this certification shall not cause any bid /proposal to be deemed non - responsive. Whenevertwo (2) or more bids /proposals which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid /proposal received from a business that certifies that ithas implemented a drug -free workplace program shall be given preference in the award process. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) In employees aboutthe dangers of drug abuse in the workplace, the business's policy of maintaining a drug - free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged-in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1).. (4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effortto continue to maintain a drug -free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by CINDI M. FRICK the, (Individual's Name) VICE PRESIDENT of D. S. EAKINS CONSTRUCTION CORPORATION (Title /Position with CompanyNendor) (Name of CompanyNendor) Who does hereby certify that said CompanyNendor has implemented a drug -free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified i umbers (1) thr ugh (6) above. 05108102 Signature Date II D. S. EAKINS CONSTRUCTION CORPORATION IS A PALM BEACH COUNTY CERTIF.TED 1701ZN BUSINESS SCHEDULE 1 ENT. PROJECT NAME:, NAME OF PRIME BIDDER: CONTACT PERSON• BID DATE: Name, Address and Phone Number of MI BE 1. LIST OF PROPOSED M1WBE SUBCONTRACTORS PROJECT NO: PHONE NO: FAX NO: DEPARTMENT: • Type of Work To Be Subcontract Amount Performed Black Pege:2 Women Other (Please sr, �, S S � s = a s $ " $ • z. $ $ s � s s s $ $ $ •� s s s (Please use additional sheets if necessary) TOTAL: S E S $ Total Bid Peace $ Total Value of MMIBE participation $ Nom' MO 2m®uesgs 91sQed on this form er+ust be supported by the Subcontractors prices Included on Schedule 2 in order to be counted tow and goal attainment GOALS STATED IN THE BID REQUIREMENTS ARE MINIMUMS AND NO ROUNDING VViLL BE ACCEPTED. p �'S� ,$AKiNS CONSTRUCTION CORPORATION-IS A PAI:l ACHE QUNTY CERTIFIF "-:WOMEN BUSINESS ENT. PROJECT NO I_.' -I -C Ea %;c= INTENT ; O PERFORM AS A MMiBE SUBCONTRACTOR. PROJECT NAME: TO: (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a (check one): Black Business Enterprise Women Business Enterprise, Date of Palm Beach County Certification: Hispanic Business Enterprise Other (Please Specify) Page 21 The undersigned is prepared to .perform the following described work in connection with the above project (Specify in detail particular work items or parts thereof to be performed): at the following price: , (Subcontractor's quote) and w411 enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County. If undersigned intends to sub - subcontract any portion of this subcontract to a non - minority subcontractor or supplier, the amount of any such subcontract must be stated: $ i.The.undersigned subcontractor understands that the provision of this form to prime bidder does not prevent subcontractor from providing quotations to other bidders. (Print name of M/WBE Subcontractor) By: (Signature) (Print name /title of person executing on behalf of SM/WBE Subcontractor) Date: Z. CONSTRUCTION CORPORATION ,J POST OFFICE BOX 12185 LAKE PARK, FLORIDA 33403 (561) 842 -0010 #8 — QUALIFICATION.OF BIDDER D. S. EAKINS CONSTRUCTION CORPORATION HAS BEEN IN'BUSINESS IN PALM BEACH COUNTY SINCE 1971. WE OWN, OPERATE, AND MAINTAIN THE NECESSARY EQUIPMENT INCLUDED IN THE ITEMS WE ARE BIDDING, AND WE EMPLOY A FULL TIaiE MECHANIC AND WELDER, KEEPING DOWN TIME TO A MINIMUM. A LIST OF EQUIPMENT IS ATTACHED ALONG WITH A LIST -OF REFERENCES. OUR MOST IMPORTANT ASSET IS OUR EMPLOYEES AND THE NUMBER OF YEARS EXPERIENCE THEY HAVE, AND ALSO THE NUMBER OF YEARS THEY HAVE WORKED WITH OUR FIRM. WE PLACE A HIGH EMPHASIS ON JOB SAFETY AND THE PROTECTION OF BOTH PUBLIC AND PRIVATE PROPERTY. OUR BID HAS BEEN PUT TOGETHER KEEPING THE BEST POSSIBLE PRICE FOR PALM BEACH COUNTY IN MIND AND ENABLING US TO PROVIDE THE BEST POSSIBLE SERVICE IN COMPLETING VARIOUS JOBS. CONSTRUCTION CORPORATION POST OFFICE BOX 121 B5 LAKE PARK, FLORIDA 33403 (561) B42-0010 #8 -A QUALIFICATION OF BIDDER Three contracts completed or underway in the past two (2) years: 1. CORAL SKY PLAZA - RANGER CONSTRUCTION - RICK MORRIS 2. PALM BEACH COUNTY STOCKADE FOR PALM BEACH COUNTY CAPITAL IMPROVEMENTS - JIM BARNES 3. VARIOUS JOBS FOR TOWN OF PALM BEACH - JIM BOWSER List of references in the type of work referenced in the bid: _. PALM BEACH COUNTY ROAD AND BRIDGE DEPT. MIKE BOWMAN 3700 BELVEDERE ROAD STEVE STRONG WEST PALM BEACH, FLORIDA 33406 (561) 233 -3955 TOWN OF PALM BEACH 951 OLD OKEECHOBEE RAOD WEST PALM BEACH, FLORIDA 33401 (561) 838 -5440 CITY OF WEST PALM BEACH 200 SECOND AVENUE WEST PALM BEACH, FLORIDA 33402 (561) 659 -8000 SOLID WASTE AUTHORITY' 7501 NORTH JOG ROAD WEST PALM BEACH, FLORIDA 33412 (561) 640 -4000 TOWN OF LAKE PARK 659 OLD DIXIE HIGHWAY LAKE PARK, FLORIDA 33403 (561) 844 -4644 ALBERT DUSEY JIM BOWSER KEN REARDON RICHARD PITTMA14 PAT BEYERS CAROLYN MIGUEL . a �I KINS CONSTRUCTION CORPORATION POST OFFICE BOX 12185 LAKE PARK, FLORIDA 33403 (561 ) 842 -0010 #8 -B QUALIFICATION OF BIDDER EQUIPMENT LIST 2002 CATERPILLAR 330BL BACKHOE 2002 CATERPILLAR 320CL BACKHOE 1992 CATERPILLAR 231 BACKHOE 1984 CATERPILLAR .225 BACKHOE (2) 1999 CATERPILLAR 416C LOADER /HOE 1995 CATERPILLAR 416B LOADER /HOE 1985 CATERPILLAR 910 LOADER 1986 CATERPILLAR 950B LOADER 1989 CATERPILLAR 966E LOADER (2) 1996 CATERPILLAR 966F LOADER 1990 READ RD -90 SCREEN ALL BOMAG MODEL BW142D VIBRATORY ROLLER 1987 FORD 6- TON.BOOM TRUCK 1995 GMC BOOM TRUCK W /MANITEX 956 CRANE 2000, 2000, 1989, 1997 MACK DM686 TRI -AXLE DUMP TRUCKS 2001, 200.1, 1997 MACK RW13 TRUCK TRACTORS 1992 LOADKING 50 -TON LOWBOY TRAILER 1992 LOADKING ROCK HAULER TRAILER (2) 1994 BORCO DUMP TRAILERS 1992 MILLER 600D WELDER 1993 BOBCAT MODEL 753 1997 BOBCAT MODEL 753 • T. a a {Cc tr ic �b � ,• ti 69. t1 OCCUPATIONAL LICENSE TAX CERTIFICATE Number: 3223 Named Person, Firm or Corporation is hereby licensed to engage in stated business, profession, or occupation as stated below, providing compliance with all town, state, and federal laws. This license is valid only when state, federal, and town requirements are met. BUSINESS D.S. EAKINS CONSTRUCTION COR? Has been lkeated To operate at 1481 KINETIC ROAD LAKE PARK, FLORIDA * RENEWAL FEE 10.00 * GENERAL CONTRACTOR 141.00 * WAREHOUSE 5000 SQ FT OR LESS 66.00 x WAREHOUSE ADDITIONAL 5,000 SQ FT. 47.00 * STO,OFF,STO —FAC 3000 - 30,000 SQ FT 65.00 Total tax & fees paid $329.00 A change of location from the stated location requires a new application for transfer or addition. The Town of Lake Park expressly reserves the right to revoke or amend this license. This license is issued pursuant to Florida Statute 250 and Lake Park Code of Ordinances Section 13. This license expires SEPTEMBER 30, 2002 THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED LICENSE TAX IS NON - REFUNDABLE D. S. EAKINS.CONSTRUCTION CORP P O BOX 12185 LAKE PARK,FL 33403 i•t. .. :�i: t, .. Gt 4 V V V V 7 606 O .. .� w .. _ _ r_ �. •. r .. .. / i :' : • "•.',. �;.:: DE ,$!#^�•'.;3a�• '•,:'STATE Cl�i_,�' ,;• . ;;;�v' `I' _ ..., _; �., _ _ _ _ _ _ _ _ _ -- _� 7.%1�•,- . ,P. AR.THENIjr,O'Fi•�98USI b1ES .gORI, A�% a. ' ;•:',.'.,. *.iY •�::. — '':•; " ~` °- ;`;:i�� •• :ti ;��``��ii�.` •,:rjfCQi+��T:�INI?USTR1 .���i�`ROF�SS•IbNAE''R�r' Mg. s��r;�•' t;: 7 ' :.;•,'';; . 1Si/rfofj�E/� �7��i'i i... �tt� :!.• ;.o :t.+t f » + r.• ��' _ :., '`may •,9�+q1� $`.' {� ; ; • ,..r' . t 7 ' STATE OF FLORIDA _ ... .. ACI Ew �- ► r -, i .. E' RTNENI'.:oF' BUSINEH- '� 9A�6'� R - :{ �Il ... iiddr.'thd foirtsj •� p• E,..- .�.�.�1 �:: ;�.; ; `••:' . ;�, .�.� ;.� tea. r••k {Y��;REG 41fTI0N . • •.� Italia date AU6 h3I; B 9 '•= ;:'FS.�•'•'�{�( �.a, :r; .:r C6.•— C036Q66~�U6' �Z��� .. .. e' 20[12 . r • %;;; >• QO 9490236 • �' CERTIFIED, FIED `' i K ' C Ep AL C�TRACTO D S EKINS� 'RICK IND s': �,; „� �1 TI(iN CORP SAKI St30X NS CONSTRUCTION •`• �r1�~ ., .�''�,.-.`' • ? .. . 0 CORD ? - BEAC11 FL.•334'19 IS CERTIFIED under the provisions of CI7. 89, p Expiration Dade.. AUG • 3I '• 2002 JE8 BUSH GOVERNOR CYNTHIA A. HENDERSON. DISPLAY AS REQUIRED BY LAW SECRETARY Y STATE OF FLORIDA CW -001 PALM BEACH COUNTY CLASSIFICATION 6CCUPATIONAL LICENSE EXPIRES: SEPTEMBER - 30- 2002 D S EAKINS CONSTRUCTION CORP " LOCATED AT C/WIDE $369.60 FRICK CINDI M COUNTYWIDE MUNICIPAL LICENSE 1481 KENITEC ROAD LAKE PARK FL 33403 Is hereby licensed at above address for the period beginning on the first day of October and ending on the thirtieth day of September to engage in the business, profession or occupation of: GENERAL CONTRACTOR CGC036066 JOHN K- CLARK, CFC . TAX COLLECTOR, PALM BEACH COUNTY TOTAL $369.60 THIS IS NOT A BILL - DO NOT PAY PAID. PBC TAX COLLECTOR 5369.60 OCC 325 03443 09-25 -2001 THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR 2001-14944 STATE OF FLORIDA OC -032 PALM- BEACH COUNTY CLASSIFICATION OCCUPATIONAL LICENSE EXP-IRES: SEPTEMBER - 30- 2002 q S EAKINS CONSTRUCTION CORP ** LOCATED AT CNTY $94.50 FRICK CINDI M 1481 KENITEC ROAD LAKE PARK FL 33403 TOTAL $94.50 Is hereby licensed at above address for the period beginning on the first day of October and ending on the thirtieth day of September to engage in the business, profession or occupation of: GENERAL CONTRACTOR CGC036066 JOHN K. CLARK, CFC TAX COLLECTOR, PALM BEACH COUNTY THIS IS NOT A BILL - DO NOT PAY PAID. PBC TAX COLLECTOR $94.50 OCC 325 03444 09.25.2001 THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR 2001 -14942 STATE OF FLORIDA OS -012 PALM BEACH COUNTY CLASSIFICATION OCCUPATIONAL LICENSE EXPIRES: SEPTEMBER - 30- 2002 D S EAKINS CONSTRUCTION CORP *' LOCATED AT CNTY $31.50 EAKINS DOUGLAS S & SAND1 F 1481 KENITEC ROAD LAKE PARK FL 33403 Is hereby licensed at above address for the period beginning on the first day of October and ending on the thirtieth day of September to engage in the business, profession or occupation of: EQUIPMENT RENT LMEAVY TAX COLLECTOR, PALM BEACH COUNTY TOTAL $31.50 E:_THIS IS NOT A BILL - DO NOT PAY PAID. PBC TAX COLLECTOR $31.50 OCC 325 03442 09-25 -2001 THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR Mary McGarry This _ certification entitles you to participate in Bun Aaronson contracting opportunities when the products and services offered by your firm -are being considered ionyMasilotti for bid. As an additional service to your firm you will be included in the Palm Beach County Directory AcCie LGreene of certified M /WBE firms. if you wish to have your firm's listing changed, please contact our office at (561) 616 -6840. County Administrator Your company's certification is subject to periodic review to verify.your continued eligibility. You are RobeaWeisman required to notify us, at any time, if the minority status of your firm changes. Failure to report such changes may result in your firm being decertified. S•I.n erely, Patricia M. Wilhelm, Certification Specialist, Palm Beach County, Office of S /M /WBA Ar, Equcl Copporruniry . r J'"Onve .Action Employer' ' ` Punted on recycled paper Cr 'C OR1b� office of March 30, 2001 Certification Date: 03130/20( Small Business Assistance 03/30/2004 50 S. ylilitary Trail. Suite 209 S ERV ICES : Pai^ Beach. FL 33415 D. S . Eakins Construction_ CONSTRUCTION -SITE PR (561) 616.6840 P.O. BOX 12185 Trucking /Heavy ?;i;u i Lake Park, FL 33403 CONSTRUCTION - HzAVY Eax. (561) 616.6850 CONSTRUCTION CON'_'ppC www pbcgov.com ATTN: Sandi Eakins - The Palm Beach County Ofr_ce of Small and Minority /Women Business Assistance has completed its review of the documents you submitted for renewal of your firm's certification as a women's Business Palm Beach County Board of county Enterprise (WBE) . We are pleased to inform you that Commissioners certification has been renewed for three (3) years. Warren H. Newell. Chairman Your firm shall be subject to the provisions of the Palm Beach County Purchasing Ordinance and all Sate Carat A. Roberts, Viet Char and Federal laws relating to the transaction of Xaren ;. Marcus business. Mary McGarry This _ certification entitles you to participate in Bun Aaronson contracting opportunities when the products and services offered by your firm -are being considered ionyMasilotti for bid. As an additional service to your firm you will be included in the Palm Beach County Directory AcCie LGreene of certified M /WBE firms. if you wish to have your firm's listing changed, please contact our office at (561) 616 -6840. County Administrator Your company's certification is subject to periodic review to verify.your continued eligibility. You are RobeaWeisman required to notify us, at any time, if the minority status of your firm changes. Failure to report such changes may result in your firm being decertified. S•I.n erely, Patricia M. Wilhelm, Certification Specialist, Palm Beach County, Office of S /M /WBA Ar, Equcl Copporruniry . r J'"Onve .Action Employer' ' ` Punted on recycled paper Date Prepared: December 22, 2003 Meeting Date: January 15, 2004 Resolution: 8, 2004 EXHIBIT D DS Eakins Acceptance Letters for the Palm Beach County Contract J Q& NS 1 CONSTRUCTION CORPORATION POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403 (5611842-0010 December 19, 2003 City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Attention: Angela Wong Project Manager RE: Palm Beach County Formal Bid #02- 069/KM Term Contract # 02069A Dear Ms. Wong, D- S. Eakins Construction Corporation will hereby extend Lot #II and Lot #IV awarded to us under the aforementioned Bid to the City of Palm Beach Gardens. We are currently extending these price agreements through 07/31/04. D.S. Eakins Construction Corporation agrees to be bound by all applicable state and federal laws and regulations, and shall hold the Department of Community Affairs and the City of Palm Beach Gardens harmless against all claims of whatever nature arising out of D. S. Eakins' Construction Corporation performance of work under the scope of work proposed, to the extend allowed and required by law. Sincerely, Douglas . Eakins President Attachment: Letter dated 06/03/03 DSE /pjf r„ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum RECEWED DEC 2 9 200 Date Prepared: December 15, 2003 Meeting Date: January 15, 2004 Resolution 10, 2004 Subject/Agenda Item: Purchase award to Schwarze Industries for one street sweeper via an existing contract with Brevard County, Florida (Bid No.13- 2- 02 -74). [x ] Recommendation to APPROVE [ ] Recommendation to DENY [ ] Recommendation to POSTPONE Reviewed by: ginatin Costs: $140.395.00 Council Action: (Total) City Attorney J mes Lun [ ] Approved leet Superintendent Public Works $140.395.00 [ ]Approved w/ / Current FY conditions Finance Director Michael Morrow, [ )Denied Operations Director Funding Source: [ ] Continued to: Advertised: N/A Date: [ ] Operating Attachments: Paper: [ X ] Other Resolution No. 10, 2004 Exhibit A: Street Sweeper Purchase Outline Exhibit B: Brevard County Florida Contract (Bid No.B- 2- 02 -74) Submitted by: [ x ] Not Required Depart Affected parties Budget Acct. #: Administrator f 2/1 0, /ca [ ] Notified 103- 3000 - 539.6400 [ ] None Appro d by: City Manager [ x ] Not required Date Prepared: December 15, 2003 Meeting Date: January 15, 2004 Resolution 10, 2004 BACKGROUND: The City's Fleet Committee, which is comprised of one (1) representative from each department, has reviewed an equipment purchase request submitted by the Public Works Division and recommends the purchase of one (1) street sweeper. With this purchase, the department will be able to provide a higher level of service to not only the residents but to motorists who travel through the City by keeping the streets clean of debris. In addition, a majority of roadway debris settles in the stormwater system pipes and inlets, which does not allow for proper drainage. Decreasing the amount of debris in the system will assist in improving stormwater conveyance. The total cost of the street sweeper is $140,395, which will be purchased via an existing contract with the Brevard County, Florida (Bid No. B- 2- 02 -74). Funds are provided by gas taxes. STAFF RECOMMENDATION: Approve Resolution 10, 2004 authorizing a purchase award of one street sweeper from Schwarze Industries via an existing contract with the Brevard County, Florida (Bid No.B- 2- 02 -74). 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: December 16, 2003 RESOLUTION 10, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT FOR THE PURCHASE OF ONE STREET SWEEPER TO SCHWARZE INDUSTRIES VIA AN EXISTING CONTRACT WITH BREVARD COUNTY, FLORIDA (BID NO.B- 2- 02 -74); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City wishes to purchase one street sweeper, as outlined in Exhibit "A ", to provide a higher level of service to not only the residents but to motorists who travel through the City by keeping the streets clean of debris; 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 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 Schwarze Industries based on an existing contract with Brevard County, Florida (Bid No.B- 2- 02 -74), a copy of which is attached hereto as Exhibit "B "; and WHEREAS, based on the recommendation of City staff, the City wishes to award a contract to Schwarze Industries for the purchase of the street sweeper. 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 the purchase of one street sweeper from Schwarze Industries and authorizes the City Manager to execute a contract with Schwarze Industries which is acceptable to the City Attorney. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 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 PASSED AND ADOPTED this day of ATTEST: M Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Wv Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILM EMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: December 16, 2003 Resolution 10, 2004 .2004. CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS \Street Sweeper - reso 10 2004.doc 14 Exhibit "A" Schwarze A7000 Street Sweeper Base Contract Price $133,720.00 Delete Options Mechani- Pneumatic Broom Assist (broom in sweep head) - $3,525.00 8" Hand hose with spring boom - $700.00 Add Options 8" Hand hose with power boom $2,000.00 Magnet bar, 87" self dumping $6,700.00 Spare tire and rim $725.00 Water gauge in cab $325.00 Hopper deluge washout $625.00 Bendix AD -9 air dryer $525.00 Total $140,395.00 c)(oill - "(�`' Wma 4, & EQUIPMENT CO. INC Mr. James Lunn Fleet Maintenance Superintendent 3704 Burns Road Palm Beach Gardens. Fl. 33410 December 5, 2003 RE: Itemized options included in the Brevard County bid available for piggyback purchase. Mechani - Pneumatic Broom Assist (broom in sweep head) $3525. Dual Gutter Brooms $3865. Dual power tilt for gutter brooms (in -cab adjustment) $ 790. Dual gutter broom GEO (allows gutter brooms to sweep in $2350. front of head) $1365. Hopper sound supperession $ 410 8" hand hose with spring boom $ 700. Stainless Steel Hopper $6600. Additional 220 gallon water tank $1385. Front spray bar $ 355. Dual rear strobes $ 350. Traffic guide arrowboard $ 430. Dual camera system $2960. Additional available options: Stainless steel drop down hopper screens $2100: Hopper deluge washout $ 625. Hydrant washdown hose $ 225. High pressure washdown system with wand $2350. Vogel automatic lube system $5200. Bendix AD -9 air dryer $ 525. Spare tire & rim $ 725.: Water gauge in cab $ 325. Single camera system $2100. Magnet bar, 87" Self Dumping $6700. 8" hand hose with power boom $2000. S y, oland Be ulie 506 Bellevue Avenue • Daytona Beach, Florida 32114 -5279 • (386) 253 -5555 • FAX (386) 253 -8537 Website: www.containersys.com • Email: info @containersys.com Oct -03 -03 02:44P :•ixKE PERENY AI._AMO IND. 813 909 0433 Senn=' ►�reemn�s October 3, 2003 Brenda Hendrickson City of New Smyrna Bch. 210 Sams Ave. New Smyrna Bch. Fl, 32168 Mar Brenda, As you may know, Southern Sewer is no longer our factory authorized dealer for the state of Florida. Container Systems is our new dealer for the state of Florida. Schwarze Industries will honor the Brevard County bid price awarded to Southern Sewer on 9/6/02, for our model A7000 regenerative air sweeper. Any purchase order could be made out to Schwarze Industries, or our authorized dealer Container Systems. Please call on me if you have any questions. Thank you for considering Schwarze Industries. Since 1 Michael Per Territory Manager "Now Ideas From The Company That's Sweeping The forth."'" P_02 Schwarze Industries, Inc • 1055 Jordan Road - Huntsville, AL 35811 - 800- 879-7933 - 256 -851 -1200 - Fax 256-851 -1210 Internet: http- Hwww.schwarze.com - Email: supporMschwarze.com BOARD OF COUNTY COMMISSIONERS FLORIDA TAX EXEMPT 1121 -049743 -53C FEDERAL TAX EXEMPT 1159- 6000523 SOUTHERN SEWER EQUIPMENT CORP 3409 INDUSTRIAL 27th ST F RT PIERCE FL 34946 . rYl l !e "'d Your Vendor Number with Us 2648 Please deliver to: Public Works - ROAD & BRIDGE ADMIN 2725 Judge Fran Jamieson Way, Bldg Viers, FL 32940 Delivery date: 09/06/2002 uaw . na.0 �v a 111% aanJ — V 000., Purchasing Services 2725 Judge Fran Jamieson Way Bldg. C, 3rd Floor, Suite C -303 Viera, FL 32940 (321)617 -7390 FAX (321)617 -7391 cgJuul PO Number Date 4500017718 09/06 /2002 Contact Person: P.A. 2 S.Loadholtz I CERTIFY THAT THIS IS AN AUTHORIZED PURCHASE. Terms of payment : In accordance with the Florida Prompt Payment Act, Fl Id Statute section 218.70, at seq. Send all invoices related to this purchase order to the deliver to address unless otherwise stated in the item description. Item Material Description Order qty Unit 00010 Schwarze 1 each B- 2-02.74 Approved In CIP FY01 /02 -'This P.O. is for 1 ea. sweeper, divided betwec 00020 ,.c warze Price per unit Net value Model -A700 w /attach. (St.Sweep) 19,53 7.38 19,537.3.8 in different fund & account3 . Model-A700 w a tach. (St.Sweep) 1 each 20,296.78 20,296.78 (St.Sweep) 7,663.07 (St-Sweep) 14,773.85 (St.Sweep) 6,765.60 (St.Sweep) 9,862.38 (St.Sweep) 9,862.38 (St.Sweep) 9,862.38 (St.Sweep) 9,862.38 (St.Sweep) 9,862.38 (St.Sweep) 9,862.38 (St.Sweep) 9,862.40 B- 2 -02 -74 with attachments per quote 8/26/02 54,353.35 00030 Schwarze Model -A700 w /attach. 1 each 7,663.07 00040 Schwarze Model -A700 w /attach. 1 each 14,773.85 00050 Schwarze Model -A700 w /attach. 1 each 6,765.60 00060 Schwarze Model -A700 w /attach. 1 each 9,862.38 00070 Schwarze Model -A700 w /attach. 1 each 9,862.38 00080 Schwarze Model -A700 w /attach. 1 each 9,862.38 00090 Schwarze Model -A700 w /attach. 1 each 9,862.38 00100 Schwarze Model -A700 w /attach. 1 each 9,862.38 00110 Schwarze Model -A700 w /attach. 1 each 9,862.38 00120 Schwarze Model -A700 w /attach- 1 each 9,862.40 (St.Sweep) 7,663.07 (St-Sweep) 14,773.85 (St.Sweep) 6,765.60 (St.Sweep) 9,862.38 (St.Sweep) 9,862.38 (St.Sweep) 9,862.38 (St.Sweep) 9,862.38 (St.Sweep) 9,862.38 (St.Sweep) 9,862.38 (St.Sweep) 9,862.40 BOARD OF COUNTY COMMISSIONERS FLORIDA TAX EXEMPT 021- 049743.63C FEDERAL TAX EXEMPT 059- 6000523 SOUTHERN SEWER EQUIPMENT CORP 3409 INDUSTRIAL 27th ST FORT PIERCE FL 34946 Your Vendor Number With Us 2646 Please deliver to: Public Works - ROAD & BRIDGE ADMIN 2725 Judge Fran Jarnleson Way. Bldg Vera, FL 32940 Delivery date: 09/06/2002 Terms of payment: In accordance with the Florida Prompt Purchasing Services 2725 Judge Fran Jamieson Way Bldg. C, 3rd Floor, Suite C -303 Viera, FL 32940 (321)617 -7390 FAX (321)617 -7391 PO Number Date 4500017718 09/06/2002 Contact Person: P.A. 2 S.Loadholtz I CERTIFY THAT THIS IS AN AUTHORIZED PURCHASE. snetinn ?IR 7n nt een Send all invoices related to this purchase order to the deliver to addrsss unless otherwise stated In the Item description. Item Material Description Order qty Unit Price per unit Net value ------------------------- - - - - -- — -------------------------------- - - - - -- Total net value excl. tax USD 136,073.36 Co ni -ae-�- p e- f-.5 cn = Oa r y N n n r 3.f),) -asp- 43) 0 SOUTHERN SEWER EQUIPMENT SALES° Mr. Gary Connor Brevard County 4,690 North Wickham Road Melbourne, Florida 32940 Dear Gary, 3409 Industrial 27th St. • Ft. Pierce, FL 34946 August 26, 2002 Southern Sewer Equipment Sales is pleased to offer Brevard County a Proposal on the following Schwarze A7000 Street Sweeper accessory items. These are items you may want to stock as they are consumable items and would not be covered under any manufacturer's warranty. P/N Description List Price 20750 Gutter Broom $160.31 (ea.) 21048 Discharge Hose $378.53 21049 Suction Hose $513.32 31883 Flap Set $469.08 21708 -164 Broom Deflector $257.26 Southern Sewer Equipment Sales appreciates the opportunity to supply this equipment to Brevard County. If we may be of any further assistance, please feel free to contact us at 1- 800 - 782 -4134. Sincerely, . C Mike Wood Sales Manager (561) 595 -9171 FAX 1- 800 - 782 -4134 "A Certified MBE Woman Owned Business" (561) 595 -6940 EIREVAR( 7VMK BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST MANAGEMENT SERVICES Purchasing Sarvic0s Brevord County Government Center 2725 Judge Fran Jamieson Way, Bldg. C, Suite C-303 Vlera, FL 32940 TO ALL PROSPECTIVE BIDDERS: Telephone (321) 617 -7390 Fax (321) 617 -7391 Fax (321) 637 -5302 ADDENDUM 2 BID # B- 2 -02 -74 1STREET SWEEPER AUGUST 20, 2002 This is an addendum to and shall be considered as part of the original bid package for the above - mentioned bid. CLARIFICATIONS: The bid opening date and time has been changed to August 22, 2002 @ 3:00 p.m. Page 8, Item 0: Doors and screen= to be constructed of stainless steel or high grade rust resistant metal. Sand blasted, primed and painted with a high quality rust resistant coating. Page 9, Item B: A 3 -5 groove belt is acceptable. Page 14, Item B: Hand hose to be 8" diameter, 12" long, with spring or hydraulic boom and collection nozzle. Page 15, Item C: Sweeper manufacturer must have an authorized sales and service facility located within 150 miles of Brevard County Road & Bridge, located at 4690 N. Wickham Road. Page 15. Item D: Should the successful vendor fail to complete any repair that Is under warranty and return the equipment to duty within seventy -two (72) continuous hours (exclusive of Sunday and holldays) from verbal notification by the County to the vendor that a warranty repair is needed, a delay charge of two hundred -fifty dollars ($250) per day shall be paid to the County by the vendor for each workday delay or any part thereof that the equipment is not returned to duty. Should parts not be available to the vendor by reason of strike, natural disaster or national emergency, the delay charge shall not be made. The successful vendor shall have the option of furnishing like equipment acceptable to the County without charge to the County during any delay period, and in such case shall not be charged. Sincerely, Steve tultz Central Services Direc r I hereby acknowledge receipt of Addendum 2 for Bid #B- 2 -02 -74 /Street Sweeper. VENDOR NAME—S. S. E. S. INC. dba SOUTHERN SEWE R EQUIPMENT SALES ADDRESS 3409 INDUSTRIAL 27TH ST. , FT. PIERCE L 34946 AUTHORIZED SIGNATURE . (_�/ �s --� 1 i 7 PRINTED SIGNATURE �� r < LihAn =L S y� DATE �� 2�A2- BR EVAN Pt BOARD OF COUNTY COMMISSIONERS MANAGEMENT SERVICES Purchasing Services Brovard County Government Center 2725 Judge Fran Jamieson Way, Bldg, C, Suite C -303 Mara. FL 32940 TO ALL PROSPECTIVE BIDDERS: FLORIDA'S SPACE COAST Telephone (321) 617 -7390 Fax (321) 617 -7391 Fax (321) 637 -5302 ADDENDUM1 BID # B- 2 -02 -74 1STREET SWEEPER AUGUST 15, 2002 This is an addendum to and shall be considered as part of the original bld package for the above - mentioned bid. CLARIFICATIONS: The bid opening date and time has been changed to August 23, 2002 @ 2:00 p.m. Sincerely, St ve Stultz Central Services Director I hereby acanowledge receipt of Addendem 1 for Bid #8- 2 -02 -74 /Street Sweeper. VENDOR NAME S. S. E. S. , INC. dba SOUTHERN SEWER EQUIPMENT SALES AUTHORIZED SIGNA• PRINTED SIGNATURE X-I iC175?t L- �• l�L�.7 DATE C-'?AC-XZ SUBMIT $IDS NG SERVICES PURCHASING o`eP vgg o o INVITATION TO BID 2725 JUDGE FRAN JAMIESON WAY, a z BLDG. C, 3`d FLOOR, SUITE C -303 0 - : Bid Acknowledgment VIERA, FL. 32940 °cop aP PURCHASING AGENT: PHONE (321) 617 -7390 AN EQUAL FLORIDA TAX EXENTT #2 1-049743-53C OPPORTUNITY FEDERAL TAX FXEMPT #59L6000523 EMPLOYER BID SPECS. MAY BE PICKED UP AT: Purchasing Services, 2725 Jud a Fran Jamieson Way, Bldg. C, Ste. 303, Viera, FL 32940 MAILING DATE: BID TITLE: Street Sweeper BID NUMBER BID OPENING DATE & TIME: July 25, 2002 B- 2 -02 -74 August 16, 2002 @ 3:00 p.m. PRE BID DATE, TIME AND LOCATION: BIDS RECEIVED AFTER ABOVE August 8, 2002 @ 10:00 a.m. Brevard County Purchasing Services, 2725 Judge Fran Jamieson DATE AND TIME Way Bldg C Suite 303, Viera, FL 32940 WILL NOT BE ACCEPTED BIDDER NAN1E/ADDRESS VENDOR MUST COMPLEIETHIS AREA AND R£SURN FORM. NOTARIZATION ON PG. 3 OF Southern Sewer Equipment Sales FORM IS REQUIRED. Ifretummg as a "no bid" state reason: 3409 Industrial 27th St Ft Pierce FL34946 Marty Russum FEDERAL EMPLOYER IDENTIFICATION NUMBER OR S.S NUMBER: 65- 0267110 TELEPHONE NUMBER/TOLL FREE NUMBER: x Xn 800 782 -4134 cmiy ttnt ibis f+id is made withtaW psiw Wdaasnmog, agawa.t, a wrmtcsiomwiW aq cospo -aion, fine or pasoo submitting • AUTHORIZED SIGNATURE (MANUAL) pld for We pme ow Wt, suppli- or OgoipnCV, ad is to all respeeu fao std withow collaasioo m hazed. I agr.x to abide by at — &,iooc of this bid and cmiy tha I ere -- ,oriad 10 sip this bid for the biddy. in submitting a bid to the Cowry of Brevam the M11CH AE L S. WOOD biddy ofr— and agrees West if the bid u accepd, the biddy will mn.q, sea, —ip or transra 10 the Cowl of Brevard all ri ghts. TYPED NAME tick and imam u and to all cause of aim it wy oow a haotta argaairc .odes We AoGtruv laws of We Urlitd Aces and the Axe of Ftorida ft, price Wag tdamg a We paaicuba commodities a service pwch --d m acq,:ad by We Comp of Brevad. At the Cowry's di—ai.N a.ch astipmenr span b, ,..dc and become eff—i,, a We lime the Cowry ta.das final pay—t 10 the bidder. SALES MANAGER 08115/02 . TITLE DATE THIS FORM MUSTBE COMPLETED AND RETURNED WITH YOUR BID GENERAL CONDITIONS I. SUBMISSION OF BIDS: All bids shall be submitted in a scaled envelope. The bid 9. ADDITIONAL TERMS & CONDITIONS: The County of Brevard reserves the number, title, and opening date shall be clearly displayed on the outside of the sealed right to reject bids containing any additional terms or conditions not specifically envelope. The delivery of said bid to Blrchasing Services prior to the specified opening requested in the original conditions and specificaions. date and time is solely and strictly the responsibility of the bidder. Any bids received in 10. TAXES: The County of Brevard is exempt from Federal Excise Taxes and all sales Purchasing after the specified date and time will not be accepted. An original and two taxes. copies of the bid must be submitted unless otherwise noted. IL DISCOUNTS: All discounts EXCEPT THOSE FOR PROMPT PAYMENT shall be 2. EXECUTION OF BID: Bid must contain a manual signature of authorized considered in determining the lowest net cost for bid evaluation purposes. representative in the spacc(s) provided. Bids must be typed or printed in ink Use of 12. MEETS SPECIFICATIONS: All equipment and accessories furnished under these erasable ink is not permitted. All corrections made by bidder to any bid entry must be specifications shall be new, the latest model in current production, and shall be of good initialed. The company name and F.E.I.D. number shall appear in the space(s) provided. quality, workmanship andmaterial. The bidder represents that all equipment offered 3. BID OPENING: Bid opening shall be public on the date and time specified. Bid must under this specifications shall meet or exceed the minimum requirements specified. be submitted on forms provided by the County. No other fonts will be accepted. Delivery specifications shall be strictly adhered to. The bidder shall be responsible for j.Telephone and telegraph bids will not be considered. No bid may be modified after performing the work necessary to meet County standards in a safe, neat, good and opening. No bid may be withdrawn after opening for a period of thirty (30) days unless workmanlike manner. otherwise specified. 13. BRAND NAME OR EQUAL: If items called for by this invitation havebeen 4. BID TABULATIONS: Any bidder wishing to receive a copy of the bid tabulations is _....:. -j •_ - _ -t__- - .•.. -- -A e- 1r•.AA..nn -A - ....- 1....- ...:.L L:A ..- � -.. - -- identified in the specifications by a "Brand Name OR EQUAL" description, such :A- ..a :C..... •:.... :.:- • -_A-A - L- I--- - e - _ _. -_.•_ , ._ . _ .• S. CLARIFICATION /CORRECTION OF BID ENTRY: The County of Brevard reserves the right to allow for the clarification of questionable entries and for the correction of OBVIOUS MISTAKES. 6. INTERPRETATION: No interpretation of the meaning of the specifications, or other contract documents will be made orally to any bidder. Every request for such interpretation must be in writing, addressed to Purchasing Services at 2725Judge Fran Jamieson Way, Bldg C, 3rd Floor, Melbourne, FL 32940, or faxed to the attention of the Purchasing Agent, at (321) 617 -7391 or(321)637-5302. To be given consideration, such requests must be received at least five (5) days prior to the date fxed for the opening of the bid Any and all such interpretation and supplemental instructions will be in the forth of a written addendum, which, if issued will be sent to all prospective proposers at the respective addresses furnished for such purposes. Failure of any bidder to receive any such addendum or interpretation shall not relieve said bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents, whether or not the successful bidder receved a copy of such addendum, it being understood that all bidders are responsible to verify that they have received any such addenda prior to submitting their bid. T EEO STATEMENT: Vendors must ensure that employees and applicants for employment are not discriminated against for reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and fernaleowned businesses are encouraged to participate. Brevard County is an equl opportunity employer. 8. PRICING: Firm prices shall be proposed and include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point within the County of Brevard to a secure area or inside delivery. All prices, costs, and conditions shall remain firm and valid for 90 days from the dam of opening The obligations of Brevard County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and/or the Board of Canty Commissioners. CP 22 .•+�••...... ".�•. .. unawcu .v 1r= ucxa IFUVC, out not M511- lCnVe, aria 15 to uwICate we quality and characteristics of products that will be acceptable. Bids offering "equal" products will be considered for award if such products are clearly identified in the bid and are determined by the County to meet fully the salient characteristis requirements listed in the specifications. Unless the bidder clearly indicates in his bid that he is ofering an "equal' product, the bid shall be considered as offering the same brand name product refercoced in the specifications. if the bidder proposes to furnish and "equal' product, the brand name if any, or the product to be furnished shall be inserted in the space provided or such product shall be otherwise clearly identified The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the. County and will be based on information furnished by the bidler. Purchasing Services is not responsible for locating or securing any information which is not identified in the bid and reasonably available to Purchasing Services. To ensure that sufficient information is available the bidder shall furnish as a pat of the bid all descriptive material necessary for Purchasing Services to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the bidder proposes to furnish and what the County would be binding itself to purchase by making an award. 14. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications and any supplemental specifications as to any details or be omission from same of any detailed description concerning any point, shall be regarded as mcaping that only the best commercial practices are to prevail and only materials of first quality be provided. All interpretations of this specification shall be made upon the basis of this statement 15. ASSIGNMENT: Any purchase order issued pursuant to this bid and the moneys which may become due hereunder are not assignable except with the prior written approval of the Purchasing Manager. 16. INDEiINIFICATION: The successful woacr agrees to indemnity and hold harmless the County and their employees from all claims, losses and expenses, including attorneys' fees, arising out of or resulting from the performance, failure in the performance of, or defect in the products or services to be contracted, ptovided such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, death, or personal injury, or to property damage, including loss of use resulting therefrom, and (2) is Bused in whole or in part by any negligent act or omission of the vendor, any subcontractor or any of their employees, or arises from a jobrelated injury. The successful bidder acknowledges adequate cortsidemtion for this indemnification provision. 17, PATENTS AND ROYALTIES: The bidder, without exception shall indemnify and save harmless the County of Brcvard and it's employees from liability of any nature of kind including cost and expenses for or on account of any copyrighted, patented, or unpatenied invention, process, or artick manufactured or used in the performance of the contract, including it's use by the County of Brevard If the bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception ant the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work 19. TRAINING: If specified, supplicr(s) may be required at the convenience of the County, to provide employees training in the operation and maintenance of any iteris(s) purchased from this bid. 19. ACCEPTANCE: hems may be tested for compliance with specification Items delivered not conforming to specifications my be rejected and returned at vendor's expense. Those items not delivered as per delivery date in bid and/or purchase order tray be purchased on the open market, Any increase in cost may be charged against the vendor. Any violations of these stipulations may also result in the vendor name being removed from the bid list and the vendor disqualified from doing business with the County ofBrevard. 20. SAFETY WARRANTY: The selling dealer, distributor, supplier, and manufacturer shall be responsible for having compiled with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both private industry and goverruncntal agencies. 21. WARRANTY: The bidder agrees that, unless otherwise specified, the supplies and/or services furnished under this bid shall be covered by the mat favorable commercial warranty the bidder gives to any customer for comparable quantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the County of Brevardby any other provision of this bid. 22. AWARDS: As the best interest of the County may require, the right is reserved to make 1 awazd(s) by individual items, group of items, all or none, or a combination thereof, on a geographical basis and/or on a countywide basis with one or more suppliers; to reject any and all bids or waive any minor irregularly cr technicality in bids received. Bidders are cautioned to snake to assumptions unless their bid has been evaluated as being responsive and qualified. All awards made as a result of this bid shall conform to applicable ordinances of the County of Brevard. The Board may return, for full credit, any unused items received which fail to meet the Board's performance standards. Brevard County reserves the right to cancel an awarded bid upon due cause, i. e. vendor misrepresentation, vendor negligence, nonperformance, etc. via written notice. 23. Unless otherwise noted in the bid document, vendors shall submitnne bid only, 24. DEFINITIONS: COUNTY - The term COUNTY herein refers to the County of Brcvard, Florida, and it's duly authorized representatives. i BIDDER - The term BIDDER used herein refers to the dealer / manufacturer/business organization submitting a bid to die County in response to this invitation. VENDOR - The term VENDOR used herein refers to any dealer /manufacturer/business organization that will be awarded a contract pursuant to the terms, conditions and quotations of the bid. USING AGENCY - The term USING AGENCY used herein refers to any department, division. agency, commission, board, comminee, authorityor other unit in the County Government using supplies or procuring contractual services as provided for in the Purchasing Ordinance of the County of Brevard HEAVY DUTY - The item(s) to which the term HEAVY DUTY is applied shall exceed the usual quality and/or capacity supplied with standard production equipment and shall be able to withstand unusual strain, exposure, temperature, wear and use. QUALDIED BIDDER OR PROPOSER - The best bidder or proposer who has the capability in all respects to fully perform the bid or RFP requirements, and has the financial stability, honesty, inngiry, skill, business judgment, experience, facilities, and reliability necessary to assure good faith performance of the contract, as detemtined by reference to the Contractor's Qualification Statement, evaluations by County staff of the bidder or proposer or is subcontractors' past performance for the Board, an any other information required by Board policies RESPONSIVE BIDDER OR PROPOSER - A bidder or proposer who has submitted a bid or proposal which conforms in all respects to the requirements of tk bid package or request for proposal, including, but not limited to, submission of the bid or proposal on required forms with all required information. signatures, and nourizatiors at the place and time specified. 25. CONFLICT OF INTEREST: The award hem.oda is subject to provisions of State Statutes and County Ordinance All Biddcrs must disclose with their bid the name of any officer, director, or agent who is also an employee of Brcvard County. Further, all proposers must disclose the name of any Count' employee who owns, directly or indirectly, any interest in the proposer's firm or any of it's branches. 26, PURCIIASING ACREEMENTS WITH OTHER GOVERNMENT AGENCIES: This bid may be expanded to include other governmental agencies provided a cooper atice Purchasing Agreanent exists or an Interlocal .Ageoment for joint purchasing exists between Brcvard County and the other public agency. Each political entity will be responsible for execution of it's own requirements with the awarded vendor 27. DRUG FREE WORKPLACE: Whenever two or more bidsi proposals which are egrul with respect to price, quality, and service arc received by Brevard County for the procurement of corrunoditics or contractual services, a bidfproposal received from a business sat has implemented adrug free workplace program (per Flonda Statutes ,�ecuon Ln nuts r/ shall oe given preference in the award process. 28. LOBBYING STATEMENT: All firms are hereby placed on notice the County Commission aril staff Shall not be contracted about this Bid. FimLs and tlrir agents are hereby placed on notice that they are not to contact members of the County Commission or staff (with the exception of designated liaison). Public mectirtp and public deliberations of the Selection Corrunince arc the only acceptable fommfor Use discussion of merits of products /services requested by the Request of Bid; ani wri tten correspondence in regard to Bids may be submitted to the County Manager. Fsch Bid will have one nonvoting staff member designated who will serve as the liaison. Failure to adhere to these requirements could result in Board action to disqualify your firm from consideraion of award. 29. PUBLIC ENTITY CRIMES: All bidders arc hereby placed on notice that r person or affiliate who has been placed on the convicted vendor list following a comxtion for a public entity crime may not submit a bid on a contract to provide any gods or services to a public entity, may not submit a bid on a contract with a public entity for the construction repair of a public building or public work, may not submitbids on leases of real property to a public entity, may not be awarded or perfom work as a contactor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO (currently S25,000) for a period of thirty six (36) months fromthe date of being placed on the convicted vendor list- 30. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list nay not subunit a bid on a contract to provide goods or services to a public entity, may not submit a bid ona contract with a public entity for the construction or repair of a public building or public work, may not subrr t bids on leases or real property to a public entity, may not award or perform work as a contractor, supplier, and may not transact business with any public entity. 31. LICENSE/CERTIFICATIONS: The successful vendor will be required to secure, at its expense, the proper occupational license and/or any other IicerseJcertification required of the applicable service/work being performed Proof of license and/or certification may be required prior to bid/bid award - The bidder shall fully comply with all federal and state laws, comity and municipal ordinances and regulations in any rnaruier affecting the performance of the work. The bidder shall state its occupation license number and expiration date. 32. ERRORS: In the event of extension error(s), the unit price will prevail. In the went of addition error(s), the extended totals will prevail. In either case, the proposer's total offer will be adjusted accordingly. 33. CANCELLATION AND RE- INSURANCE: If any insurance should be canceled or changed by the insurance expiring during the penodof this bid award, the vendor shall be responsible for securing other acceptable insurance to provide th,e coverage specified in Use bid to maintain continuous coverage during the life of the award - 34. INCURRED COST: Brevard County is not liable for any cost incurred by any vendor prior to an award. Costs for developing a response to this request for bid arc entirely the obligation of the bidder and shall not be chargeable in any manner to Brcvard County. 35. MATERIALS /SUPPLIES: No materials or supplies for the work shall be purchased by the vendor or by any subcontractor subject to any chattel rrv,rtgage or under a conditional sale or other agreement by which an interest is retained by the seller. 36. SUBCONTRACTORS: The vendor shall be fully responsible for all acts and omissions of his subcontractors and of persons and organizations dircal-; or indirectly employed by them and of persons and organizations for whose acs and omissions of persons directly employed by him- 37- VERBAL INSTRUCTIONS: No negotiations, decisions, or actions shall be initiated or executed by the vendor as a result of any discussions with any County employee. Only those communications which are in writing from an authorized County representative may be considered Only written communications from vendors which are assigned by a person designated as authorized to bind the company will be recognized by the County as duly authorized expressions on behalf of the company. 38. FAX: Bids which are received by FAX are not acceptable and will be rejected- 39. LITIGATION VENUE: All litigation shall take place either in the State Courts of Florida, wherein venue shall he in Brevard County, Florida; or in the Federal Courts, wherein venue shall he in the Central District in and for the State of Floda_ The vendor expressly waives venue in any other location 40. ADDITION, DELETION OR MODIFICATION OF SERVICES: The County reserves the right at is sole discretion to increase, decrease, or delete any portion of this agmement/contract at any time withoutcaase, and if such right is exercised by the County, the total fee shall be reduced by a prorate, basis. If work has already been accomplished on the portion of the contract to be increased, decreased, or deleted, the contractor shall be paid for the correct portion on the basis of the estimated percentage agreed upon by the County, the contractor, and the contact manager upon completion of such portion- 4L, OPERATION DURING DISPUTE: In the event the County has not canceled the contract in accordance with the terms of the contract, and there remains a dispute between the bidder and the County, the bidder agrees to continue to operate and perform under the terms of the connact while such dispute is pending, and further agrees that, in the event a suit is fiiedfor injunction or other relief, it will continue tc operate the system until the final adjudication of such suit by the court- 42. CONTRACT TERMINATION: The contact resulting from this bid shall commence upon issuance and acceptance of the fully cxccutcd cwtract The County user agency shall issue orders against the contract on an as needed basis- The contrac may be canceled by the vendor, for good cause, upon ninety (90) days prior written notice. The County reuirrs the right to terminate the contract, in part or in in entirety with or without good cause, upon thirty (30) days prior written notice or as stale, herein_ In the event of termination by either parry as provided herein, the awarded verdlor shall be paid for services performed through thedate of termination. 43. SPECIAL ACCOMMODATIONS: In accordance with the Americans will Disabilities Act and Section 286.26, F.S -, persons with disabilities needing speci: accommodations to participate should contact the County Manager's Office no lau than 48 hours prior to any meeting at 6312001 for assistance. 44. 45. 46. 47. BIDDER RESPONSIBILITIES: Bidders, by submitting a bid, certify that it understands all planning, coordinating, and implementation of the described services shall be done through personal contact between the bidder and the contract manager, and that telephone contact and mail coresponderice may, in some cases, not be appropriate. County approved representatives of the bidder shall be available to meet with the contract manager, as may be required, to accomplish the County's objectives as effectively and efficiently as possible, during all phases of this agrcement/contracN bid_ SUPERVISION OF CONTRACT PERFORMANCE: The bidder's performance of the contract will be notified by the contact manager. The bidder shall be notified of lack of performance in writing by the contract manager. If at any time during the term of the contract, performance satisfactory to the contract manager shall not bar been made, the bidder, upon written notification by the contract manager, shall within three (3) days increase the force, tools and equipment as needed to properly perform the contract The failure of the contract rnamgcr to file such notification shat not relieve the bidder of the obligation to perform the work at the time and in the runner specified by the contract If the bidder does not increase the force or neglects to do the work properly, the contract manager can withhold a percentage of paymen or withhold the entire dollar amount due as per the contract. MISUNDERSTANDING: To prevent misunderstanding and any litigation, the contract manager shall decide any and all questions which may arise concerning he quality and acceptability of the work and services performed, the sufficiency of performance, the interpretation of the provisions of the contract, and the acceptable fulfillment of the contract on the part of the bidder. The contract manager will determine whether or not the amount, quantity, character and quality of the work performed is satisfactory, which determination shall be final, conclusive and binding upon both the bidder and the County. The contract manager shall make such explanation as maybe necessary to complete, explain, or make definite the provisions of the contract, and his findings and conclusions shall be final and binding upon both parties. MONITORING OF WORK: The bidder shall provide the contract manager with every reasonable opportunity to ascertain whether or not the work, as performed, is in accordance with the requirements of the contract The bidder shall designate, in writing, a person to serve as liaison between the bidder and the County. 48. PROMPT PAYMENT: For payment promptness, Brevard County shill remit payment in accordance with the Florida Prompt Payment Act, Florida Statutes section 218.70, et scq. Brevard County does not expect to be billed in excess of the ordered quantity and will not pay for any quantity above the ordered quantity. Any order placed as a result of this quotation will be sutjecl to Billing Instructions and Conditions on the face of the Brevard County Purchase Order form. Bidders may offer cash discounts for prompt payment but they will not be considered in determination of award_ If a bidder offers a discount, it is undcrstmd that the discount time will be from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last- 49. RIGHT TO AUDIT RECORDS: In performance of this Agreement, the Contractor shall keep books, records, and accounts of all activities related to the Agreement, in compliance with generally accepted accounting procedures. All docurnerrn, papers, books, records and accounts nude or received by the contractor in conjunction with the Agreement and the performance of this Agreement shall be open to inspection during regular businesshours by an authorized representative of the office and shall be retained by the contractor for a period of three (3) years after termination of this Agreement, unless such records are exempt from section 24(a) of Article 1 of the State Constitution and section 119.07(1) Florida Statutes. 50. UNAUTHORIZED ALIEN WORKS: Brevard County will not accept bids from vendors who knowingly employ unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C_ Section 1324a (e) (Setion) 274A (e) of the Immigration and Nationality Act "INA'). The County shall consider a vendor's intentional employment of unauthorized aliens as grounds for immediate termination o any awarded bid- THIS FORM MUST BE NOTARIZED BELOW. Sworn to and subscribed tome this 15 day of AUGUST 2CO2 ona un' ow ro ^f.,-. on: Type of ID: Notary g5 andt OF rt \s CAROL A CMS►{ NOTAPt My COMM Exp. 315A5 S My commission expires : 3 -5 _ F1JBtit: (AFFIX SEAL or STAMP) i No' Cc O&W 8 BOND DATA 1 VENDOR MUST PROVIDE: AMOUNT: Yes ❑ No ® BID BOND Bonds must be issued by Bonding Company who complies with Yes ❑ No ® PERFORMANCE BOND the requirements of Florida Statutes Section 287.0935. Yes ❑ No ® LABOR, MATERIAL, PERFORMANCE BOND In cases where the amount of a surety bond exceeds $500,000, the surety company must have an A. M- Best's rating as specified in this document and depending on the amount of the bond, shall have a minimum A. M. Best's financial size category rarA ig as follows: BOND AMOUNT UP TO FINANCIAL CLASS BOND AMOUNT UP TO FINANCIAL CLASS S 1,000,000 V S 25,000,000 IX S 2,500,000 V1 S 50,000,000 X $ 5,000,000 VIl $ 75,000,000 Xl S10,000,00 VM S 100000.000 X11 VENDOR COMPLAINTS AND DISPUTES Brevard County encourages prompt and fair handling of all corplaints and disputes with the business community. In order to resolve disputed natters in an equitable manner, the following procedures are adopted: 1. Postine of Award Notices A_ FORMAL SEALED BIDS/QUOTES: No later than three (3) business days afer a bid opening the Purchasing Manager or his/her designee shall post a tabulation of competitive sealed bids/quotes on a bulletin board located in or near the Purchasing Services Office. The apparent low bidfquote will be the intended award rtommendation if after posting the tabulation, the apparent low bid/quote is found to be nonresponsive to the specifications, the formal award evaluation will be posted. The time for filing a protest will begin the date of the later posting B. FORMAL SEALED PROPOSALS: No later than three (3) business days after the selection committee recommendations arc finalized the Purchasing Manager or his/her desiBrce shall post the selection committee's rankings and recommended award for lids_ 11. PROCEEDINGS A. Any bidder, quoter or proposer who is allegedly aggrieved in connection with the solicitation or pending award of a contract must file a formal written protest with the Purchasing Manager within five (5) businc% days of the posted award recommendation B. The formal written protest shall reference the bid/quote/proposal number, and shall state with particularity the facts and laws upon which the protest is based, including full details of adverse affects and the relief sougbL C. Within seven (7) calendar days of receipt of the formal written protest the Purchasing Manager will arrange a meeting of the Protest Committee and the affected parties. The Protest Comminc shall consist of one (1) Department Director or designee from an organizational group which the user department or group is not assigned; two (2) Assistant County Managers, both of whom mus be from an organizational group which the user department or group is not assigned under. Tie Purchasing Manager shall act as a nonvoting Hearing Coordinator and the County Attorney or designee may be requested to attend as a nonvoting rnember. The Purchasing Manager or designee record the meeting and provide any information as the committee my request Tlx purpose of the meeting of the Protest Committee is to provide an opportunity to: (1) review the basis of the protest, (2) evaluate the facts and merits of the bid protest, and (3) if possible, to reach a resolutioi of the protest that is acceptable to the affected parties. For the purpose of the Protest Committee hearing, resolution shall mean that the Protestor finds the decision of the Protest Comrruttca acceptable_ D. In the event the matter is rwt resolved with the Protestor's ac¢ptance of the Protest Committee's decision, the Purchasing Manager will schedule the recommended award including the details o the protest and the Protest Committee's reconunendalion before the Board of County Commissioners via Board Agenda_ The Coups Manager, prior to approval and placement on the Board agenda, may elect to resolve the matter before presentation to the Board. In the event that the County Manager cannot bring the nutter to resolution. a copy of the Agenda Report shall b fumishud immediately to all affected parties. The affected parties may appear before the Board of County Comaussioncrs as a final means of administrative remedy. UL STAY OF PROCUREMENTS DURING PROTESTS Failure to observe any or all of the above procedures stall constitute a waiver the right to protest a contract award In the event of a timely protest under the procedure, the County shall mot proceed further with solicitation or with the award until a recommendation is made by the Committee, or a writtendcrnination is made by the County Manager that the award must be made without delay in order to protect the public interest. Invoice disputes between an awarded vendor and user agency will follow the guidelines set forth in A03, Prompt Payment of Invoices. THE COUNTY OF BREVARD RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS, TO NAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY BID I AS MAY BE DE£M1t£D TO BE IN THE REST INTEREST OF TH£ COUNTY I UNLESS OTHERWISE NOTED, PAYMENT OF GOODS OR SERVICES PROVIDED AS A RESULT OF THIS SOLICITATION WILL BE MADE PER FLORIDA STATUTE. ALL FIRST TIME VENDORS MUST SUBM1IIT A W -9 FORM TO COUNTY FINANCE. U:\PURCHASEIBQ PS\B ids02\b20274 uiv _dot STREET SWEEPER BID # B- 2 -02 -74 SPECIAL CONDITIONS PURPOSE 1. Brevard County is soliciting bids for a regenerative air street sweeper for the Brevard County Road & Bridge Division. PRE -BID MEETING 2. A pre -bid meeting is scheduled for August 8, 2002 @ 10:00 a.m. at the Purchasing Services Office, Brevard County Government Center, 2725 Judge Fran Jamieson Way, Bldg. C -303, Viera, FL. The purpose of the meeting will to review all specifications outlined herein. INFORMATION OR CLARIFICATION 3. For information concerning procedures for responding to this bid, contact Sherry Loadholtz, Purchasing Services at 321 - 617 -7390, or fax 321 - 617 -7391, 321 - 637 -5302. Such contact shall be for clarification purposes only. Material changes, if any, to the specifications will be transmitted by written addendum through Purchasing Services. 4. Bidders shall promptly notify Purchasing Services, prior to submission of their bid of any ambiguity, inconsistency or error which they may discover upon examination of the bidding documents. No interpretation of the meaning of the drawings, specifications or other documents will be made to any bidder orally, nor may bidder rely on any such pre- bid statements in completing the bid. Every request for such interpretation must be in writing addressed to Purchasing Services at 2725 Judge Fran Jamieson Way, Bldg. C, Third Floor, Viera, Florida, 32940, or faxed to the attention of Project Designee at 321- 617 -7391. To be given consideration, such requests must be received in writing no later than five (5) calendar days prior to the date for opening of the bids. RECEIVING OF BIDS 5. All bids to be considered shall be in the Purchasing Services at or before 3:00 p.m. on August 16, 2002. Bids may be delivered or mailed to Brevard County Purchasing Services, Brevard County Government Center, 2725 Judge Fran Jamieson Way, Bldg C, 3rd Floor, Viera, FL 32940, in a sealed envelope clearly marked with your firm's name and "Street Sweeper, Bid # B- 2- 02 -74. The responsibility for obtaining, completing, and submitting this request for bids to the Brevard County Purchasing Office no later than 3:00 p.m. on August 16, 2002 shall be solely and strictly the responsibility of the bidder. Brevard County employees shall in no way be responsible for delays caused by the United States mail delivery or caused by any other occurrence. Bids received after the time and date stipulated shall be considered non - responsive and returned to the bidder unopened. 6. Note ' Please insure that if you use a third carrier (Federal Express, Airborne, UPS, USPS, etc.) that they are properly instructed to deliver your bid only to Purchasing Services on the third (3`d) floor at the above address. To be considered, a bid must be accepted in the Purchasing Services office no later than the ITB closing date and time. If the quote is delivered anywhere else, it may not reach Purchasing Services in time. DEVIATIONS FROM SPECIFICATIONS 7. The minimum specifications for the street sweeper is attached. Any deviations from the bid specifications shall be noted on the Specifications page. DESCRIPTIVE LITERATURE 8. Each bidder shall submit with their bid descriptive literature for the street sweeper they are bidding on. AWARD 9. Award: As in the best interest of the County may require, the right is reserved to make award(s), to the most responsible bidder, by individual items, all or none, or a combination thereof, on a geographical basis and /or on a countywide basis with one or more suppliers; to reject any and all bids /proposals or waive any minor irregularity or technicality in the bids received. DUE CAUSE t0. Definition: Due Cause — An applicable reason affecting and concerning the ability and fitness of the contractor(s) to perform to the specifications and requirements of the contract. BID FORMS 11. All bids must be submitted on the County format to be considered. All bidders must provide the following information upon submission of their bid package in order to be considered for the bid. Failure to provide information with bid response may disqualify the bidder. Signed and notarized Invitation to Bid Signed Special Conditions Specifications showing Compliance or Non - Compliance Signed Price Sheet Descriptive Literature for Item Bid Signed Insurance and Indemnification Form VENDOR NAME S . S . E . S . , INC dba SOUTHERN SEWER EQUIPMENT SALES ADDRESS 3409 INDUSTRIAL 27TH ST. , FT. PIERCE, FL 34946 AUTHORIZED SIGNATUR PRINTED SIGNATURE A //,f1f fez PHONE #(800) 782 -4134 FAX# (772) 595 -9171 DATE AUGUST 15, 2002 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS BID #B- 2 -02 -74 SPECIFICATIONS FOR SWEEPER CAB /CHASSIS (2002 Sterling Model SC8000 or Equal) 1. INTENT It is the intent of these specifications to describe a cabover chassis which is sufficiently rated to transport a full load of sweeping debris at speeds up to 55 MPH. For safety and comfort of the operator and for quick service along with availability of repair parts, the chassis will NOT be a purpose built chassis built by the sweeper manufacturer. The chassis shall be equipped with spring suspension on both axles, dual steering and operator controls, and automatic transmission. All tires shall be the same size and have dual tires on each side of the rear axle (six wheel configuration). Bidders must indicate comply or non - comply in each box throughout the bid. Failure to do so may be cause to reject the bid. All non - comply answers will be fully explained on a separate sheet of paper and be attached to and submitted with bid. Failure to explain non - comply . answers may be cause to reject bid. 2. CHASSIS ENGINE Comply Non - Comply A. Engine shall be an electronic inline 6- cylinder diesel and be turbocharged. X B. Horsepower rating shall be 205 HP @ 2300 RPM. Torque rating X shall be 520 LB /FT @ 1600RPM. C. Air intake shall be left hand vertical snorkel type. At no time shall the air intake be lowered by the sweeper manufacturer to make room X for sweeper components_ Chassis engine must get the cleanest air possible and not ingest hot engine air. To do this, air intake must be just above the cab roof line. D. The air cleaner shall be a heavy duty Donaldson, or equal, air cleaner. It must have a safety filter element inside a large capacity X filter element_ This is a two stage, dual element dry-type air cleaner. E. Alternator shall be 100 Amp. X F. Two maintenance free batteries shall be provided with 1300 CCA. X G_ Air compressor shall provide 15.2 CFM. X H. Chassis engine to share 50 gallon fuel tank and batteries with auxiliary engine. No exceptions. X I. Engine exhaust shall be vertical right hand side with painted stack X and rain cap. No exceptions. J. Engine shall be equipped with spin on fuel filter, full flow oil filter, X and fuel water filter. K. Radiator fan shall be a viscous drive type. X L. Heavy duty ethylene glycol coolant shall protect engine down to —34 degrees Fahrenheit. X PAGE 1 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS M. Engine shall be protected by an electronic engine integral shutdown system. A warning light will light, then after 30 seconds, engine shutdown shall occur if either the coolant, oil, or air intake X temperature is too high or if the oil pressure is too low. N. Engine shall be equipped with air intake warmer. X O. Air filter restriction indicator mounted in cab. X 3. TRANSMISSION Comply Non - Comply A. Transmission shall be an electronic 5 -speed automatic Allison 2000, or equal X . B. Transmission shall have a T- handle shift lever with park brake indicator. X C. Shall be equipped with water to oil transmission oil cooler. X D. Transmission to have oil filter and magnetic drain plug. X E. Transmission to have transmission oil temperature gauge mounted in dash. X 4. DUAL SIT -DOWN STEERING Comply Non - Comply A. Sterling, or equal, (chassis) factory installed dual steering only! X B. No cross -shaft dual steering. No dual steering installed by the X sweeper manufacturer. C. The left -hand and right -hand steering locations to have their own TRW TAS -65 power steering gear boxes. Steering gear boxes shall X NOT be mounted inside the cab. D. Left. and right -hand 20" steering wheels, foot throttles and foot brakes, self - canceling turn signal switches, separate hazard X switches and horn buttons to be provided. E. Right and left -hand steering positions to have their own set of the following gauges: primary and secondary air pressure gauge, engine coolant temperature gauge, electronic speedometers with X odometer and trip meter, electronic tachometer, engine'oil pressure gauge, transmission temperature gauge, fuel gauge, and voltmeter. Chassis must have dual gauges. F. Parking brake control, transmission shift control, ignition switch, and X left and right -hand steering selector switch to be center shift tower console mounted. G. Single or center mounted steering will not be accepted. Must be X dual steering installed by chassis manufacturer. H. I Turning radius to be a maximum of 21.5 feet. X PAGE 2 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS 5. FRONT AXLE & SUSPENSION Comply Non - Comply A. Front axle to be Meritor FF -961, or equal, with a minimum capacity of 12,000 lbs. X B. Front taper leaf suspension to be a minimum 12,000 lb capacity. X C. Front suspension to have shock absorbers. X D. Front axle to have Dana Spicer Outrunner oil seals, or equal. X 6. REAR AXLE & SUSPENSION Comply Non - Comply A. Rear axle to be Meritor RS -21 -230, or equal, with a minimum X capacity of 21,000 lbs. B. Rear flat -leaf spring suspension with helper spring and radius -leaf to be a minimum 23,000 lb capacity. X C. Sweepers that require specialized, non - standard rear suspension for sweeping mode or transportation mode and that require the operator to make adjustments in the cab to the suspension to allow X the sweeper to sweep or travel at highway speeds will not be accepted. No air -bag suspension. D. Rear axle to be 2- speed, geared properly to travel at a low speed correct for heavy gutter sweeping without the need for brake application, as well as a highway speed for travel 65 -70 MPH X empty. 7. BRAKE SYSTEM EQUIPMENT Comply Non - Comply A. Braking to be air brake system. No hydraulic brake system will be X accepted. B. Wabco four channel anti -lock braking system, or equal, to be X provided with 4 sensor/ 4 modulator. C. Front brakes to be Meritor 15" X 4" Q Plus, or equal. Rear brakes to be Meritor 16.5" X 7" Q Plus, or equal. X D. Front & rear brakes to have automatic slack adjusters. E. Front & rear brakes to have brake dust shields. X F. All air reservoirs to have air tank drain valve cables. X 8. FRAME & WHEELBASE Comply Non - Comply A. Wheelbase to be 141 ". Cab to axle to be 111 "_ X B. Frame rails to be 11/32" X 3 -1/2" X 10- 15/16" steel. Any chassis not meeting or exceeding these minimum standards will not be X accepted. PAGE 3 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS C. FRAME RAILS Section modulus: 17.21 cu. In. (Per rail) RBM: 1,893,000 lb. In. X Yield strength: 110,000 psi Any chassis not meeting or exceeding these minimum standards will not be accepted. D. GVW to be minimum of 32,000 lb. X E. Front tow hooks to be provided. X 9. TIRES & WHEELS Comply Non - Comply A.. Tires to be Michelin XZA2 11 R 22.5, or equal, and be 14 ply. X B. Rear axle to have dual tires and wheels on each side of axle. X C. Wheels to be 10 -hole hub - piloted steel disc 22.5 X 8.25. Chassis that have 22.5 X 7.50 wheels will not be accepted. X D. Wheels to be interchangeable to allow emergency change at the job site. X 10. CAB EXTERIOR Comply Non - Comply A. Cab to have torsion spring tilt mechanism. X B. Door /ignition locks to be keyed alike. X C. Headlights to be single round halogen. X D. Chassis to have dual stainless west coast mirrors mounted on X doors. E. 8" diameter chrome parabolic mirrors mounted under west coast mirrors. X F. All chassis windows to be tinted. x G. Door windows to roll down. No sliding windows. X H. Windshield washer reservoir to be one gallon capacity. X 11. CAB INTERIOR Comply Non- Comply A. Heater, defroster, and air conditioner with recirculation switch to be provided. X B. Both seats to be National mid -back non - suspension seats, or equal. X C. Seat cover material to be Black Winslow polyknit cloth, or equal. No X vinyl seats. No exceptions. D. Three point seats belts to be provided. X E. Storage pockets on left & right -hand doors. X F. Dash mounted ashtray and lighter to be provided on driver side. X G. Dome light with 3 -way switch activated by left and right -hand doors to be provided. X PAGE 4 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS 12. INSTRUMENTS & CONTROLS Comply Non - Comply Chassis to have cruise control with switch mounted in the center panel. X FC B' Chassis to have a left hand /right hand steering selector switch in cab. X Chassis to have rear axle speed selector switch in cab. X D. Delco AM /FM radio with cassette, clock, and weatherband. Radio to have seek and scan features. Cassette to have auto reverse. X E. Windshield wiper control with delay shall be provided at both driving positions. X 13. PAINT COLOR Comply Non - Comply A. The chassis and wheels shall be painted Imron N00006 white color, X or equal. B. Chassis frame to be painted black. X 14. CHASSIS WARRANTY Comply Non - Corliply A. Basic vehicle warranty to be 2 years /unlimited distance. X B. Drivetrain components warranty to be 2 years /unlimited distance. X C. Cab structure and sheet metal, cab corosion, and frame rails & X crossmembers warranty_ to be 5 years /unlimited distance. 15. DELIVERY Comply Non - Comply A. The unit shall be delivered completely assembled, serviced, and X ready to operate. B. Bidder to state delivery date. X C. The bidder shall supply a complete set of chassis manuals. Manuals to include Chassis Operators Manual, Chassis Maintenance X Manual, Chassis Engine Operations and Maintenance Manual. PAGE 5 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS 1. INTENT It is the intent of these specifications to describe a regenerative air street sweeper with hydraulic drives, 8.4 cubic yard hopper, 90" wide pickup head.The head must be capable of sweeping in reverse with the head down without causing damage to the pickup head or it's components. The unit must be equipped with vertical digger type gutter brooms, pressurized dust control spray system and an independent engine to power the sweeping functions. The chassis for this sweeper is to be sufficiently rated to transport a full load of sweeping debris at speeds up to 55 MPH. For safety and comfort of the operator and for quick service along with availability of repair parts, the chassis will NOT be a propose built chassis built by the sweeper manufacturer. The chassis shall be equipped with spring suspension on both axles, dual steering, dual operator controls, and an automatic transmission. All tires shall be the same size and have dual tires on each side of the rear axle (six wheel configuration). The unit, shall be new of current manufacture. No prototype, demo, used, vacuum type, or mechanical type sweepers will be accepted. All parts not specifically mentioned which are necessary to provide a complete street sweeper shall be included in the bid and shall conform in strength, quality of materials, and workmanship to what is normally provided to the trade in general. Bidders must indicate comply or non- comply in each box throughout the bid. Failure to do so may be cause to reject the bid. All non - comply answers will be fully explained to 'a separate sheet of paper and be attached to and submitted with bid. Failure to explain non- comply answers may be cause to reject bid. 2. SWEEPER ENGINE Comply Non - Comply A. An auxiliary diesel engine shall be provided to power the sweeper. The engine shall be a turbo charged four cylinder John Deere, or equal, with a horsepower rating of not less than 115 hp at 2,500 X RPM and shall provide a peak torque rating of not less than 291 fulb at 1,400 RPM. Minimum displacement shall be not less than 276 cubic inches. B. Engine shall be equipped with a full flow spin -on oil filter, fuel filter and fuel water separator. X C. Unit shall have a heavy duty two -stage dry type air cleaner with a Sy- Klone, or equal, centrifugal pre - cleaner and air filter restriction X indicator. D. In order to provide the cleanest air possible, the air intake shall be at least 8 feet above the ground level. X E. Engine to be equipped with a 3 -point safety engine shutdown device that shuts down the engine for low oil pressure, high coolant X temperature, and low coolant level. F. Injector pump shall have centrifugal type variable speed governor X for speed control of auxiliary engine RPM. PAGE 6 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS G. Twelve (12) volt ignition, electric starter and 65 amp alternator. Sweeper to have resettable circuit breakers. X H. Sweeper auxiliary engine to share 50 gallon fuel tank and batteries with chassis engine. No exceptions. X I: Auxiliary engine, muffler, fuel tank, battery box, and hydraulic tank and cooler shall be protected by a shroud. X. 3. HYDRAULIC SYSTEM Comply Non - Comply A. Hydraulic power shall be used to operate all broom rotation, lifting functions, and dust suppression systems of the sweeper. Systems X incorporating pneumatic -type controls will not be accepted. B. Hydraulic pressure shall be set at 2500 PSI for all hydraulic functions. X C. Sweeper shall utilize a single stage gear driven hydraulic pump (two stage if equipped with Broorn Assist head), minimum 25 gallon vented hydraulic reservoir, one (1) spin -on 10 micron return filters, X and high pressure hoses and fittings. Hydraulic reservoir to have tank mounted level and temperature indicator. Hydraulic reservoir to be mounted above hydraulic pump. D. Hydraulic system to have a 12,500 BTU oil to air radiator -type hydraulic oil cooler. X E. Hydraulic tank shall have shut -off valves for hydraulic filter change. X F. Hydraulic system shall have a quick disconnect relief pressure check ports mounted in the hydraulic manifold. X G. For safety of the operator, no sweeper hydraulic lines to run into or X _ through the cab. H. Hydraulic valves shall have built -in diagnostic system lighting for X troubleshooting hydraulic flow and electrical power. I. A 12 volt DC hydraulic backup system shall be provided which may be used to operate all hydraulic functions without starting the X auxiliary engine. 4. DUST SEPARATOR X A. A centrifugal dust separator with a minimum 29,000 cubic inch volumetric area shall be supplied inside hopper to remove airborne X dust from the air stream. The dust separator shall be designed so that it will not plug with normally encountered debris. B. The dust separator shall have a clean -out door that opens automatically and discharges debris in the separator when the X hopper is raised. C. Cable or other manual /mechanical means required for discharging debris in the separator will not be allowed. X PAGE 7 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS 5. HOPPER Comply Non- Comply A. The volumetric capacity of the hopper shall not be less than 8.4 cubic yards. The usable capacity shall not be less than 7.0 cubic X yards. B. Hopper screen to be a saw -tooth design such that airflow will not be interrupted even in difficult sweeping conditions. Flat screens are X unacceptable due to premature clogging of the screen. Hopper screen to be a minimum of 6228 square inches. C. Dumping shall be accomplished hydraulically by tilting the hopper a minimum of 53 degrees. Contents to be dumped to the rear of the x vehicle at a height of 38 inches. Twin dumping cylinders to be 4" X 16 ". D. Hopper to be constructed of 304 stainless steel with 3/16 inch steel floor. The roof, door and sides to be made of minimum 10 gauge X steel. Floor to slope 3 degrees towards the rear door. E. Dump door to be hydraulically opened, closed, and locked. For safety, operation of the hopper dump door to be accomplished from X outside the cab. F. Large 15" X 32" inspection doors shall be provided on left and right sides of hopper. These doors provide an easy way to manually load X debris and provide a convenient access for hopper inspection and cleaning. G. Hopper shall be airtight through the use of rubber seals on all doors X and. openings. H. Weatherproof dump switches to be located outside, directly behind cab for visibility and safety during the dumping process. There shall X be one switch for each function: raising the hopper to the dump position, opening the dump door, and turning the 2 rear bumper mounted flood lights on for night dumping. 1. Hopper interior shall be coated with an anti - wear /anti -seize coating. X J. Sweepers that use a no tilt method of dumping hopper or use an inside of hopper mechanical means of pushing debris out of the X hopper will not be accepted. PAGE 8 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS K. Hopper to have a shroud enclosing the auxiliary engine, muffler, blower housing, fuel tank, battery box, and hydraulic tank and cooler. Shroud shall be designed to help protect components from the elements and vandals. Shroud shall also be designed to reduce X auxiliary engine noise by having a minimum of 1" thick sound dampening material attached to the inside of shroud in the engine compartment area_ Sound deadening material must consist of at least 48 square feet of material. Shroud must be part o the hopper and lift when the hopper is raised and be designed to give the sweeper a neat well thought out streamlined appearance. In the interest of sweeper protection, public safety, and sweeper noise reduction, sweepers that do not meet all of these requirements will not be reduced. L. The hopper roof to be sloped to the left and right to allow water to run off and to reduce corrosion. Hoppers with flat roofs will not be X accepted. 6. BLOWER Comply Non- Comply A. Heavy -duty steel blower shall be used to create air pressure and suction (regenerative air) for removing debris from road surface. X Sweepers that clean road surfaces by using suction only (pure vacuum) will not be accepted. B. Blower to be powered by the sweeper auxiliary engine via a heavy - duty 5- groove v -belt. A safety guard shall be supplied. X C. The blow_ er shall be a closed face turbine type with 10 blades, having a 32.75 inch diameter. The blower shall be constructed of T- 42 steel. Fan to be fully balanced within 1.5 grams for long fan and X bearing life. A die -cast aluminum alloy open face blower, either covered with rubber or not, or a die cast steel open face blower will not be acceptable. D. Blower shall have a rated performance of negative 65 inches of water column and 17,000 CFM. Documentation must be included with the bid packet that states that the Air Movement and Control Association has tested the fan and that it certifies the fan is equal to X or greater than the performance data listed above_ Since the rated fan performance is directly related to the performance of the sweeper, no sweeper will be considered for purchase without the fan being certified by the Air Movement and Control Association. E. Must be Whisper Wheel equipped, or equal, to provide a 360 degree average dB(a) rating of 72.0 or less at an unobstructed distance of 50 feet at 2000 RPM. Sound dampering material is X required in the area of the auxiliary engine and blower to aid in sound proofing. PAGE 9 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS F. The blower housing shall be constructed of 10 -gauge steel with the inside of the housing covered by a replaceable rubber wear liner. X G. Blower housing shall have a vacuum enhancer for discharging a portion of the blast air for sweeping light materials such as leaves and paper. The vacuum enhancer shall be electrically powered by a DC actuator and controlled from a switch located on the control X panel inside the cab. The vacuum enhancer to be cabalbe of 0 — 100% air diversion for maximum control. H. Blower housings shall not be an integral part of the hopper. X I. Blower shall be mount on self - aligning anti- friction bearings. Blower shaft to have greaseable shaft bearings requiring '/4 ounce of - grease every 250 hours to ensure maximurn- life expectancy. Non- X regreaseable sealed bearing are unacceptable. 7. PICKUP HEAD Comply Non - Comply A. Pickup head to be spring balanced all steel fabricated with separate upper and lower chambers where pressurized air is blasted from the upper chamber through an elongated blast orifice to the lower X chamber. B. Blast orifice to be angled a minimum of 3 degrees towards the suction side of the pickup head. This will ensure a smooth transfer of debris by increasing pressure as the debris moves toward the X suction tube. C. The pickup head shall not be less than 90 inches wide and 36 X inches long giving a total head area of 3240 square inches. D. Pressure and suction hoses shall be fourteen inches in diameter and be constructed from 3/8 inch thick heavy duty molded wire X reinforced rubber. E. Sweeping paths shall be: Pickup head only = 90 inches Pickup head and one gutter broom = 114 inches X Pickup head and two gutter brooms = 138 inches F. Sweeper shall have Sweeps -in- Reverse which allows it to sweep in both forward and reverse with the head down without causing damage to the head or other components. NO EXCEPTIONS. Sweeping heads that are "designed" to sweep -in- reverse and that X require add -on devices such as chains added to the head to meet this requirement, will not be considered. For safety and liability proposes, no sweeper will be excepted that automatically raises the sweeping head when the sweeper is placed in reverse. PAGE 10 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS G. Pickup head shall be equipped with double -wide full length carbide drag shoes for maximum life. Front and rear of drag shoe to be X snow -shoe design to follow road contour without damage. Shoes shall be interchangeable from either the left or right side. H. Drag shoes shall be warranted against wear -out for a minimum of X two.years /2000 hours, prorated. I. Sweeping head shall be raised and lowered hydraulically by a single switch located in the cab. X J. Head to have a quick disconnect at the head transition. X K. Sweeping head shall be Mechani- Pneumatic broom assist type. The broom shall be mounted within the head, in front of the blast oriface X and at a windrowing angle towards the suction tube. The broom dimensions shall be 66 x 12 and the material polyethelene. 8. GUTTER BROOMS Comply Non - Comply A. Dual gutter brooms shall be 44" minimum diameter, wire filled X vertical digger type for removing debris from gutter area. B. Gutter brooms to be hydraulic motor driven and shall be positioned . X laterally and vertically by hydraulic cylinders. C. Each gutter broom shall have an adjustment to allow downward compensation for bristle contact, pattern and wear and shall be full X floating to follow street contour. D. Each gutter broom shall have lateral flexibility to swing rearward 15" under the chassis when encountering the impact of an immovable X object thus avoiding damage to the broom assembly. E. Each gutter broom shall be held in the up and transit position by use of an electric lock valve attachment. X F. Upward motion for gutter broom storage shall be regulated by an X adjustable flow control valve. G. Gutter broom disk to be recessed to prevent such items as cassette tape, string, and small rope like material from being rapped around and damaging the gutter broom motor. Disk to be designed as to X allow water to drain off, therefore eliminating water damage to the gutter broom motor seals. H. A center deflector shall be provided to direct debris thrown by the gutter brooms into the path of the pickup head. Deflector shall be X positioned under the belly of the sweeper and in between the gutter brooms. Deflector to raise and lower with the pick -up head. PAGE 11 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS I. Each gutter broom shall additionally incorporate an electrically actuated tilt capability of 27 degrees, remotely controlled from the operator's seat to allow instant adjustment for debris removal from X deep gutters (such as those resulting from multiple overlays of blacktop). J. Each gutter broom shall have Gutter Broom Extension Override (GEO) with in -cab controls to be able to extend and retract while in sweeping mode. This will allow the gutter brooms to scrub the X pavement surface in front of the pickup head. All controls shall be in -cab. At no time shall the operator have to leave the cab to activate this function. The system shall be activated by an electric linear actuator. 9. DUST CONTROL SYSTEM Comply Non - Comply A. Water spray shall be supplied by a hydraulically- driven roller type water pump. The water pump to produce a minimum of 150 PSI. X The water pump to automatically disengage when the water supply is depleted. Pump shall be mounted below water tank bottom level. B. Water tank capacity not to be less than 440 gallons and shall be constructed of polyethylene for strength and corrosion resistance. X C. A minimum 25 foot long fire hydrant fill hose shall be provided with 2.5" NST coupling to fill water tank. A 2" air gap shall be provided between water fill tube and water tank. Hydrant hose shall include a X hydrant wrench and hose storage rack. D. Water system to be filtered by an 80 mesh cleanable filter located between tank and water pump. For ease of cleaning, water filter to X be at ground level. E. 2 each spray nozzles shall be located at each gutter broom. X F. Dust suppression system to include two spray nozzles at the front axle. Left nozzle to come on when left gutter broom water is in use x and right nozzle to come on when right gutter broom water is in use. G. Each water spray function to have it's own independent on /off cab controlled solenoid valve. X H. An in -cab low water indicator light shall warn operator when water X supply is near depletion. I. Water spray nozzles shall be provided as follows: five nozzles at pickup head, two nozzles inside hopper, two nozzles at right gutter X broom, two nozzles at left gutter broom, and two at the front axle. J. No part of the water system shall be made with ferrous metal. No X part of the water system shall have parts that can rust. K. The water system shall incorporate an air purge system for flushing water lines during freezing conditions. X PAGE J 2 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS L. Sweeper to be equipped with a front spray bar with 7 nozzles. Spray bar to be mounted on front bumper. X 10. OPERATING CONTROLS Comply Non - Comply A. Sweeper shall be equipped with dual steering and controls for left or right hand operations. Center mounted steering or single steering is not acceptable. Dual steering shall NOT be installed by the sweeper X manufacturer. B. Auxiliary engine control and gauges shall be mounted on the control console inside the cab. They shall consist of: keyed ignition, electronic throttle control, leaf bleeder control, oil pressure gauge, X water temperature gauge, voltmeter, tachometer, and hour meter. All gauges to be lighted. C. Console to have independent switches for operating left gutter broom, tilt and GEO, right gutter broom, tilt and GEO, and pickup X head. All switches to be lighted and have international symbols for easy identification. D. Console to have water pump on switch and low water level warning light. Independent water control switches for left gutter broom, right gutter broom, pickup head, hopper, front bumper, and nozzles at X front axles. All switches to be lighted and have international symbols for easy identification. E. Console to have independent switches for each gutter broom light, rear dump light, and safety strobes. X F. All sweeperein- electrical -syst- ems - o -be- separately fused- at-the-control console by resettable circuit breakers. X G. Unit to be equipped with a dual camera system. One camera shall view the right gutter broom and curbline, the other shall view the rear of the sweeper. A monitor shall be mounted in the cab and X shall have options for camera one (1) and camera two (2). Camera two (2) shall be automatically activated when the chassis is put into reverse, as a safety issue_ H. Unit to be equipped with a Traffic Guide Arrowstick mounted on the rear door with in -cab controls for pass right, pass left, pass both X sides and caution. 11. HAND HOSE EQUIPMENT Comply Non - Comply A. Sweeper to have an auxiliary hand hose for cleaning remote areas inaccessible to the sweeping head and for cleaning out catch X basins. PAGE 13 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS B. Hand hose to be 8" in diameter, 12' long, with spring boom and collection nozzle. Hand hose should be stored on the rear of the sweeper. X C. A block off plate to be provided. Block off plate to have a storage rack outside of cab. For operator safety, no sweeper will be X accepted that requires the block off plate to be stored in the cab! 12. SAFETY EQUIPMENT Comply Non - Comply A. .Sweeper to meet all federal motor vehicle safety standards. X . B. Sweeper shall include two hopper safety struts that lock hopper in the raised position during maintenance. Safety struts to be X permanently mounted to sweeper. Operator to manually engage and disengage struts. C. Sweeper shall to be equipped with a two (2) amber strobe lights mounted on. the rear corners of the hopper. Both shall include limb X guards. Strobes to be mounted at the highest point at the rear of the sweeper. D. The sweeper shall have two lower stop lights mounted into the rear bumper at a height of 35 inches. The sweeper shall also have two integral high mounted stop lights mounted at a height of 94 inches. X For protection of the lights and to make cleanup easier, the lights to be integrally mounted in the sweeper. Light that are mounted on the sweeper will not be accepted. E. Two rear high mounted integral yellow alternating flashing lights to be provided. Light shall be mounted at a height of 94 inches above X the ground. F. Sweeper shall be equipped with rear mounted slow moving vehicle emblem, backup alarm, cab mounted 5 lb fire extinguisher, and a X warning triangle kit. G. Permanent warning labels shall be provided at all hazard areas. X 13. ACCESSORIES Comply Non - Comply A. must have a full width steel rear bumper mounted to ISweeper frame. X B. Two sets of mirrors per side, one cab mounted to aid operator in observing gutter brooms. The other door mounted West Coast X mirror, or equal, for normal vehicle operation. Mirror assemblies to be of stainless steel construction. PAGE 14 Brevard County Road & Bridge REGENERATIVE AIR STREET SWEEPER SPECIFICATIONS 14. PAINT COLOR Comply Non - Comply A. The sweeper shall be painted with 1 coat of sealer /primer and 2 coats of DuPont Imron 5000, or equal, polyurethane paint in the manufacturers standard white color. X B. Gutter brooms, pickup head, sweeper and truck frame to be painted black. X 18. SWEEPER WARRANTY Comply Non- Comply A. Sweeper shall be warranted to be free of defective materials and workmanship for a minimum period of 12 months or 1200 hours X from date of delivery. B. Sweeper auxiliary engine shall be warranted for not less than 24 months or 2000 hours, whichever occurs first from date of delivery. X C. Sweeper manufacturer must have an authorized sales and service facility located within 100 miles of Brevard County Road & Bridge. Located at 4690 North Wickham Road, Melbourne, Florida 32935 X Dealer must be able to make prompt ( within 24 hours) field service calls for warranty and general repair for the complete sweeping unit and related components, excluding the cab and chassis.. 16. DELIVERY Comply Non - Comply A. The unit shall be delivered completely assembled, serviced, and ready to operate. The bidder shall have a qualified service representative in attendance with the sweeper during start up X operations to make any adjustments needed and give operator instruction on the proper operation of the sweeper. B. Bidder to state delivery date. 5 -60 DAYS N10 C. The bidder shall supply a complete sweeper manual. Manual to include system /component descriptions, sweeper operation, maintenance, troubleshooting, illustrated parts listing with part X numbers, and schematics for the sweeper. Shall also include reproduceable periodic maintenance schedules. D. Auxiliary engine manuals to be provided. They are to consist of X operations & maintenance, maintenance schedules, component technical manual, and an illustrated parts catalog. E. The bidder shall supply a maintenance and operations video for the sweeper. The video shall outline operations, operator maintenance, and safety items relating to the safe and efficient operation of the X sweeper. PAGE 15 PRICE SHEET BID #B- 2 -02 -74 /STREET SWEEPER One (1) ea. Regenerative Air Street Sweeper as per the attached specifications for Bid #B- 2 -02 -74 /Street Sweeper. $ 133,720.00 Manufacturer/Model: SCHWARZE A7000 Delivery: 45 -60 ,days, A.R.O. Vendor Name S.S.E.S.. INC. dba SOUTHE Address 3409 INDUSTRIAL 27TH 'ST. Telephone # (800) 782 -4134 Authorized Signature �,� Printed Signature 1 (-! IctH� S UIPMENT SALES FT. PIERCE, FL 34946 Fax # (772) 595 -9171 BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS INDEMNIFICATION AND INSURANCE REQUIREMENTS INDEMNIFICATION The County shall be held harmless against any and all claims for bodily injury, sickness, disease, death or personal injury, or damage to property or loss of use of any property or assets resulting therefrom, arising out of or resulting from the performance of the products or from the services, for which, the County is contracting hereunder, provided such is caused in whole or in part by any negligent act or omission of the vendor, or any subcontractor or any of their agents or employees, or arises from a job - related injury. The vendor agrees to indemnify the County and pay the cost of the County's legal defenses, including fees of attorneys as may be selected by the County, for all claims described in the hold harmless clause herein. Such payment on behalf of the County shall be in addition to any and all other legal remedies available to the County and shall not be considered to be the County's exclusive remedy. It is agreed by the parties hereto that specific consideration has been received by the Vendor under this agreement for this hold harmless/indemnification provision. INSURANCE REQUIREMENTS The vendor providing services under this agreement will be required to procure and maintain, at their own expense and without cost to the County, until final acceptance by the County of all products or services covered by the purchase order or contract, the following types of insurance. The policy limits required are to be considered minimum amounts. General Liability Insurance policy with a $ 1,000,000 combined single limit for each occurrence to include the following coverage: operations, products and Completed Operations, Personal Injury, Contractual Liability covering this contract, and "X -C -U" hazards, with errors & omissions. Auto Liability Insurance which includes coverage for all owned, non - owned and rented vehicles with a $ 1,000,000 combined single limit for each occurrence. Workers' Compensation and Employers Liability Insurance covering all employees of the vendor and subcontractors, as required by law. In the event that the contract involves professional or consulting services, in addition to the aforementioned insurance requirements, the vendor shall also be protected by a Professional Liability Insurance Policy in the amount of $ N/A per claim. The vendor shall provide certificates of insurance to the County demonstrating that the aforementioned insurance requirements have been met prior to the commencement of work under this contract. The General Liability and Auto Liability certificates of insurance shall indicate that the policies have been endorsed to cover the County as an additional insured and that these policies may not be canceled or modified without thirty (30) days prior written notice to the County. The insurance coverage enumerated above constitute the minimum requirements and shall in no way lessen or limit the liability of the vendor under the terms of the contract. Sub - Contractor's insurance shall be the responsibility of the vendor. ACCEPTED BY: Vendor Name S.S.E.S., INC. dba SOUTHERN SEWER EQUIPMENT SALES Address 3409 INDUSTRIAL 27TH ST., FT. PIERCE, FL 34946 Authorized Signature Print Name Date AUGUST 15 , 2002 Telephone Number (800) 782 -4134 Fax # (772) 595 -9171 V:\PURCHASE\PURFORMS\BUYER\TEMPLATE\JNDEMN.doc AIR MOVEMENT AND CONTROL ASSOCIATION INTERNATIONAL, INC. 30 West University Drive • Arlington Heights, Illinois 60004 -1893 Phone:(847) 394 -0150 - Fax:(847) 253 -0088 - E- mail:LAB @amca.org AMCA LABORATORY TEST NO. 16110 -A1 Tested April 25, 2000 NIVC -042 FJPG AMCA Standard 210 Air Performance Test Figure 12 Setup Installation Type B 04/25/00 Page 1 of 2 Air Movement and Control Association International, Inc. Arlington Heights, Illinois, USA Test Unit : Manufacturer Trade Name': Model Number Impeller Diameter Inlet Area Outlet Area Centrifugal Schwarze Industries A7000 A7WW 33 in 3.21 ft .939 ft' Test Number : 16110 -A1 Date of Test. 04/25/00 Tested For Schwarze Industries witness : None Technician JR pb, = 29.42 in Hg tdb = 73 °F Pb = 29.29 in Hg Test method per AMCA Standard 210 -85, figure 12 setup (Installation Type B) . Results at Test Conditions : Det. rho N P: P, Ps 0 H ICp eta eta (in wg) (lbm /ft3) (rpm) (in wg) (in wg) (it wg) (cfm) (hp) 4:882 M M 1 0.0729 1606 4.781 4.780 0.001 8319 15.848 0.9984 39.38 0.01 2 0:0728 1606 7.159 3.841 3.318 7491 15.948 0.9959 52.64 24.40 3 0.0728 160.6 8.996 3.039 5.957 6683 15.341 0.9941 61.23 40.55 ..4 0.0728 1606 10.466 2.335 8.131 5875 14.436 0.9926 66.45 51.63 5 0.0728 1606 11.640 1.730 9.910 5067 13.364 0.9916 68.78 58.56 6 0.0728 •1606 12.815 1.181 11.634 4196 12.091 0.9907 69.26 62.87 7 0.0728 1606 13.769 0.719 13.050 3278 10.549 0.9903 66.59 63.12 e 0.0729 1606 14.176 0.426 13.750 2521 9.165 0.9908 60.73 58.91 9 0_0730 1606 14.762 0.062 14.700 961 6.108 0.9961 36.35 36.20 10 0.0730 1606 15.050 0.000 15.050 0 4.086 1.0000 0.00 0.00 Results at Standard Air, N = 1600 rpm: Det. P, P„ • PS 0 X KF eta, eta$ (in wg) (in wg) (in wg) (cfm) (hp) M M 1 4:882 4.881 0.001 8282 16.123 0.9984 39.38 0.01 2 7.318 3.926 3.392 7463 16.241 0.9959 52.64 24.40 3 9.194 3.106 6.089 6658 15.622 0.9941 61.23 40.55 4 10.701 2.387 8.314 5853 14.706 0.9926 66.45 51.63 5 11.902 1.768 10.133 5048 13.615 0.9916 68.78 58.56 6 13.107 1.208 11.899 4180 12.320 0.9907 69.26 62.87 7 14.083 0.735 13.348 3266 10.750 0.9903 66.59 63.12 8 14.476 0.435 14.041 2512 9.324 0.9908 60.73 58.91 9 15.063 0.063 15.000 95-7 6.209 0.9961 36.35 36.20 10 15.354 0.000 15.354 0 4.153 1.0000 0.00 0.00 04/25/00 Page 2 of 2 Air Movement and Control Association International, Inc. Arlington Heights, Illinois, USA Test Unit : Manufacturer Trade Name : Model Number Impeller Diameter Inlet Area Outlet Area Centrifugal schwarze Industries A7000 A7WW 33 in 3.21 ft2 .939 ft2 Test Number : 16110 -A1 Date of Test: 04/25/00 Tested For ; Schwarze Industries Witness : None Technician JR Prr = 29.42 in Fig tdb = 73 OF Pb = 29.29 in Fig Ted method per AXCA Standard 210 -85, figure 12 setup (Installation Type B) . Appurtenances Tested with client supplied outlet duct installed. Additional Comments : Contract Test. Data at Test Conditions : Large Chamber - AMCA Standard 210 -85, figure 12 setup. Bet. Edo %0 td2 tds PCs dP Ed7 P_, 7 Nozzle ( °F) ( °F) ( °F) ( °F) (in wg) (in wg) ( °F) (in wg) (lb -in) Combo 1 70.9 56.7 72.8 72.8 0.001 2.360 72.8 0.001 621.92 13 2 71.4 57.0 73.4 73.4 3.318 1.896 73.4 3.318 625.85 13 3 71.3 57.2 73.5 73.5 5.957 1.500 73.5 5.957 602.05 13 4 71.5 57.4 73.7 73.7 8.131 1.153 73.7 8.131 566.52 13 5 71.5 57.4 73.9 73.9 9.910 0.855 73.9 9.910 524.47 13 6 71.6 57.6 74.2"'" '74.2*' 11.634 0.585 74.2 11.634 474.49' '13 7 71.6 S7.7 74.5 74.5 13.050 0.357 74.5 13.050 414.00 13 8 70.7 57.5 74.5 74.5 13.750 5.455 74.5 13.750 359.67 7 9 70.3 57.4 74.4 74.4 14.700 14.650 74.4 14.700 239.71 5 10 70.2 57.4 74.2 74.2 15.050 15.050 , 74.2 15.050 160.35 0 Nozzle Open Nozzle Diameters (in) Combo 13) 7.0 10.0 10.0 7) 7.0 5) 1.6 3.0 RECE7777 D <. 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 10, 2003 Meeting Date: January 15, 2004 Ordinance: 1, 2004 Subject /Agenda Item: Ordinance 1, 2004, amending the Fiscal Year 2002/2003 Budget. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ -0- Council Action: Finance (Total) City Attorn'- [ ] Approved $_ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other • Ordinance 1, 2004 • Exhibit "1" Submitted by: Allan Owens AV [ ] Not Required Department Director Affected parties [X] Notified Budget Acct. #: [ ] None Apr d by: on Fe is _.. Ci Ma ager [ ] Not required Date Prepared: December 10, 2003 Meeting Date: January 15, 2004 Ordinance: 1, 2004 • BACKGROUND: As an integral part of the annual close -out process, it is customary to prepare year -end budget amendments to ensure compliance with legal levels of control, and to help explain decreases or additions to fund balance. We are pleased to inform Council that our preliminary unaudited financial statements indicate an increase to budgeted General Fund reserves of approximately $3.4 million. The increases /decreases to revenues /expenditures contained in Exhibit "1" detail some of the major variances that comprise this total increase. • MISC / OTHER: N/A • STAFF RECOMMENDATIONS: o Staff recommends a motion to approve Ordinance 1, 2004 on first reading, adopting budget revisions for fiscal year 2002/2003. 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 Date Prepared: December 10, 2003 ORDINANCE 1, 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003, INCLUSIVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a Budget for the 2002/2003 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2002/2003 Budget; and WHEREAS, the City Council has determined that the adoption of this Ordinance is 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. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit "1" and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2002, through September 30, 2003, inclusive. SECTION 3. This Ordinance shall become effective upon the day of adoption. (The remainder of this page left intentionally blank) 1 PASSED this day of 2 3 PASSED AND ADOPTED this 4 and final reading. 5 6 CITY OF PALM BEACH GARDENS 7 8 BY: 9 Eric Jablin, Mayor 10 11 12 Carl Sabatello, Vice Mayor 13 14 15 David Clark, Councilmember 16 17 18 Joseph Russo, Councilmember 19 20 21 Annie Marie Delgado, Councilmember 22 23 24 ATTEST: 25 26 27 BY: 28 Patricia Snider, City Clerk 29 30 31 APPROVED AS TO FORM AND 32 LEGAL SUFFICIENCY 33 34 35 BY: 36 Christine P. Tatum, City Attorney 37 38 39 40 41 42 43 44 Date Prepared: December 10, 2003 Ordinance 1, 2004 2003, upon first reading. day of FOR 45 \\ pbgsfile \Attorney\attorney_share \ORDINANCES \budget amendment -Ord 1 2004.doc 2 2003, upon second AGAINST ABSENT M'A City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' General Fund Expenditures Contingency 001- 0100 - 511.5910 Total Decrease In Council Salaries Materials & Supplies Telephone Equipment Election Expenses Salaries Professional Services Equipment Other Professional Services 001 -0200- 512.1210 001 - 0210 - 512.5200 Total Decrease In Administration 001 - 0220 - 512.4110 001 - 0220- 512.6400 Total Decrease In Data Processing 001- 0230 - 512.5295 Total Decrease In City Clerk 001 - 0240 - 514.1210 001 - 0240- 514.3160 001 - 0240 - 514.6400 Total Decrease In Legal 001 - 0300 - 513.3150 Total Increase In Human Resources Page 1 of 9 Increase (Decrease) In Expenditures (24,500.00) (24,500.00) (16,000.00) (13,000.00) (29,000.00) (20,000.00) (397,000.00) (417,000.00) (17,200.00) (17,200.00) (32,000.00) (18,900.00) (7,600.00) (58,500.00) 40,000.00 40,000.00 City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' Salaries 001 -1000- 521.1210 (50,000.00) Health Insurance 001- 1000 - 521.2310 (14,000.00) Professional Services 001 - 1000 - 521.3150 (21,000.00) Telephone 001 - 1000 - 521.4110 (40,000.00) Equipment Rental 001 - 1000 - 521.4420 (9,000.00) Repair & Maintenance 001 -1000- 521.4600 (80,000.00) Equipment 001- 1000 - 521.6400 (11,000.00) Salaries 001- 1030 - 521.1210 (70,000.00) Overtime 001 - 1030 - 521.1410 (25,000.00) Clothing Allowance 001 - 1030 - 521.1520 (10,000.00) Longevity 001 - 1030 - 521.1540 (11,000.00) Sick Leave Pay 001- 1030 - 521.1550 (10,000.00) FICA 001- 1030 - 521.2110 (40,000.00) Health Insurance 001- 1030 - 521.2310 (63,000.00) Workers Compensation 001 - 1030 - 521.2410 (13,000.00) Professional Services 001 - 1030 - 521.3150 (26,000.00) Uniforms & Leather Goods 001 - 1030 - 521.5294 (15,000.00) Equipment 001 - 1030 - 521.6400 (30,000.00) Salaries 001- 1040 - 521.1210 (29,000.00) Professional Services 001 - 1040 - 521.3120 (15,000.00) Tuition Reimbursement 001- 1040 - 521.3820 (14,000.00) Total Decrease In Police (596,000.00) Salaries 001 - 1200 - 522.1210 (82,000.00) Buildings 001- 1200 - 522.6200 (248,000.00) Vehicles 001- 1200 - 522.6410 500,000.00 Salaries 001 -1230- 522.1210 300,000.00 Overtime 001 - 1230 - 522.1410 120,000.00 Vehicles 001 - 1230 - 522.6410 (52,000.00) Total Increase In Fire 538,000.00 Salaries 001 - 1420 - 515.1210 (80,000.00) Professional Services 001 - 1420 - 512.3150 (100,000.00) Salaries 001 - 1430 - 512.1210 (20,000.00) Salaries 001 -1440- 512.1210 (20,000.00) Total Decrease in Growth Management (220,000.00) Page 2 of 9 City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' Printing & Binding 001 - 2000 - 572.4710 16,000.00 Materials & Supplies 001 - 2000 - 572.5200 17,000.00 Part -Time Salaries 001 - 2020 - 572.1310 38,000.00 Equipment 001- 2040 - 572.6400 (24,000.00) Salaries 001 - 2050 - 572.1210 (30,000.00) Total Increase in Recreation 17,000.00 Other Professional Services 001 - 2080 - 519.3150 242,000.00 Repairs & Maintenance 001 - 2080 - 519.4600 30,000.00 Materials & Supplies 001 - 2080 - 519.5200 14,000.00 Reserve 001 - 2080 - 519.5900 (100,000.00) Land Improvements 001 - 2080 - 519.6300 (396,000.00) Equipment 001 - 2080 - 519.6400 91,000.00 Total Decrease in Parks (119,000.00) Salaries 001- 3000 - 539.1210 75,000.00 Salaries 001 - 3040 - 541.1210 (89,000.00) Retirement Contributions 001 - 3040 - 541.2210 (26,000.00) Health Insurance 001- 3040 - 541.2310 (55,000.00) Repair & Maintenance 001 - 3040 - 541.4600 (84,000.00) Land Improvements 001 - 3040 - 541.6300 (261,000.00) Salaries 001 - 3050 - 541.1210 (107,000.00) Health Insurance 001 - 3050 - 541.2310 (17,000.00) Professional Services 001 - 3050 - 541.3150 (66,000.00) Contractual Services 001 - 3050 - 541.3400 (18,000.00) Materials & Supplies 001 - 3050 - 541.5200 (15,000.00) Total Decrease in Public Works (663,000.00) Total Decrease in Expenditures (1,549,200.00) Page 3 of 9 City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' Police Training Fund Increase (Decrease) In Revenues Revenues /Sources Miscellaneous Revenue 002 - 369.0000 17,000.00 Total Increase In Revenues /Sources 17,000.00 Increase to Reserves Page 4 of 9 17,000.00 Increase (Decrease) Revenues /Sources In Revenues Electric Franchise Fee 001 - 313.1000 296,000.00 Occupational Licenses 001 - 321.000 (76,000.00) Building Permits 001 - 322.0000 793,000.00 State Revenue Sharing 001 - 335.1200 60,000.00 Sales Tax 001 - 335.1800 (83,000.00) Fire Inspection Fees 001 - 342.2100 106,000.00 EMS Transport Fees 001 - 342.6000 178,000.00 Tennis Fees 001- 347.2600 10,800.00 Interim Service Fees 001 - 347.2700 17,400.00 Code Enforcement Fines 001 - 351.1030 27,000.00 Contribution - Fire Dept. 001 - 366.0000 (537,000.00) Interest Income 001 - 361.0000 59,000.00 Tax Search 001 - 369.2100 25,000.00 Northlake Task Force Reimb 001 - 369.4005 17,000.00 Nextel Tower Revenue 001 - 369.4015 26,000.00 Transfers In 001 - 383.0000 349,550.00 Loan Proceeds 001- 383.1000 584,400.00 Total Increase In Revenues /Sources 1,853,150.00 Increase to Reserves 3,402,350.00 Police Training Fund Increase (Decrease) In Revenues Revenues /Sources Miscellaneous Revenue 002 - 369.0000 17,000.00 Total Increase In Revenues /Sources 17,000.00 Increase to Reserves Page 4 of 9 17,000.00 City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' Recreation Impact Fund Expenditures Land and Improvements 003 - 2000 - 572.6300 Transfer to General Fund 003 - 2000 - 572.9100 Total Decrease In Expenditures Revenues /Sources Recreation Grant 003- 334.9020 Impact Fees 003 - 369.3600 Total Increase In Revenues /Sources Increase to Reserves Police Impact Fund Expenditures Equipment 012 - 1000 - 521.6400 Total Decrease In Expenditures Revenues /Sources Impact Fees 012 - 369.3200 Total Increase In Revenues /Sources Increase to Reserves Page 5 of 9 Increase (Decrease) In Expenditures (550,000.00) 320,000.00 (550,000.00) Increase (Decrease) In Revenues (200,000.00) 600,000.00 400,000.00 950,000.00 Increase (Decrease) In Expenditures (150,000.00) (150,000.00) Increase (Decrease) In Revenues 140,000.00 140,000.00 290,000.00 City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit "1" Fire Impact Fund Expenditures Land and Improvements 013 - 1200 - 522.6300 Equipment 013- 1200 - 522.6400 Vehicle 013 - 1200 - 522.6410 Impact Fees Total Decrease In Expenditures Revenues /Sources 013 - 369.3300 Increase (Decrease) In Expenditures (90,000.00) (150,000.00) 150,000.00 (90,000.00) Increase (Decrease) In Revenues 245,000.00 Total Increase In Revenues /Sources 245,000.00 Increase to Reserves 335,000.00 Recreation Special Revenue Fund Increase (Decrease) In Expenditures Expenditures Materials & Supplies 014- 1000 - 575.5200 57,000.00 Professional Services 014 - 1201 - 575.3150 94,000.00 Part -Time Salaries 014 - 1400 - 575.1310 (55,000.00) Professional Services 014 -1400- 575.3150 (50,000.00) Total Increase In Expenditures 46,000.00 Increase (Decrease) In Revenues Revenues /Sources General Programs 014- 348.1000 (110,000.00) Athletics 014 - 348.1201 120,000.00 Aquatics/ Seniors 014- 348.1400 (57,000.00) Sponsorships/ Donations 014 - 366.2000 40,000.00 Total Decrease In Revenues /Sources (7,000.00) Decrease to Reserves (53,000.00) Page 6 of 9 City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit "1" Local Option Gas Tax Fund Expenditures Road & Drainage Repairs 016- 3000 - 539.5265 Total Decrease In Expenditures Revenues /Sources Local Option Gas Tax 016- 312.3000 Ex Professional Services Land & Improvements Building Improvements Contribution to FDOT Total Increase In Revenues /Sources Increase to Reserves Art Impact Fund penditures 017- 1400 - 515.3150 017- 1400 - 515.6300 017 -1400- 515.6310 017 -1400- 515.8100 Total Increase In Expenditures Revenues /Sources Art Impact Fees 017- 369.3700 Total Increase In Revenues /Sources Increase to Rese %% 7 of 9 Increase (Decrease) In Expenditures (260,000.00) (260,000.00) Increase (Decrease) In Revenues 41,000.00) (41,000.00) 219,000.00 Increase (Decrease) In Expenditures (37,000.00) (52,000.00) (25,000.00) 75,000.00 (39,000.00) Increase (Decrease) In Revenues 89,000.00 89,000.00 128,000.00 Impact Fees City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' Road Impact Fund Revenues /Sources 019 - 369.1900 Total Increase In Revenues /Sources Increase to Reserves Burns Road Improvement Fund Expenditures Land & Improvements 026- 0900 - 519.6300 Total Increase In Expenditures Revenues /Sources Reimbursement - Seacoast 026- 369.4010 Interest Income 026- 361.0000 Total Increase In Revenues /Sources Increase to Reserves Page 8 of 9 Increase (Decrease) In Revenues 640,000.00 640,000.00 640,000.00 Increase (Decrease) In Expenditures (1,480,000.00) (1,480,000.00) Increase (Decrease) In Revenues (149,000.00) (34,000.00) (34,000.00) 1,446,000.00 City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' PGA Flyover Fund Expenditures Interest Expense 025 - 0900 - 519.7210 Contribution to FDOT 025 - 0900 - 519.8100 Total Increase In Expenditures Revenues /Sources Special Assessments 025 - 363.1000 Total Increase In Revenues /Sources Decrease to Reserves Page 9 of 9 Increase (Decrease) In Expenditures (16,000.00) 710,000.00 694,000.00 Increase (Decrease) In Revenues (21,000.00) (21,000.00) (715,000.00) Z!LT''�`�f' CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 10, 2003 Meeting Date: January 15, 2004 Ordinance: 2, 2004 Subject /Agenda Item: Ordinance 2, 2004, amending the Fiscal Year 2003/2004 Budget. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ -0- Council Action: Finance (Total) City Attorney [ ] Approved $� [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other • Ordinance 2, 2004 • Exhibit "1" Submitted by: Allan Owens [ ] Not Required Department Director Affected parties [X] Notified Budget Acct. #: [ ] None Approved by: Ro err City Ma ager [ ] Not required Date Prepared: December 10, 2003 Meeting Date: January 15, 2004 Ordinance: 2, 2004 • BACKGROUND: This ordinance amends the FY 2003/2004 in the following areas: 1. Amounts reserved and designated from FY 2002/2003 for outstanding purchase orders and commitments, as well as related grant revenues, as detailed in the attached Exhibit "I", are carried forward to FY 2003/2004. 2. Proceeds from the Series 2004 Stormwater Improvement bonds in the amount of $5,000,000 are reflected in the General Fund, as detailed in Exhibit "1 ". • MISC /OTHER: N/A • STAFF RECOMMENDATIONS: o Staff recommends a motion to approve Ordinance 2, 2004 on first reading, adopting budget revisions for fiscal year 2003/2004. 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: December 10, 2003 ORDINANCE 2, 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004, INCLUSIVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a Budget for the 2003/2004 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2003/2004 Budget; and WHEREAS, the City Council has determined that the adoption of this Ordinance is 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. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit 1" and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2003, through September 30, 2004, inclusive. SECTION 3. This Ordinance shall become effective upon the day of adoption. (The remainder of this page left intentionally blank) Date Prepared: December 10, 2003 Ordinance 2, 2004 1 PASSED this day of , 2003, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2003, upon second 4 and final reading. 5 6 CITY OF PALM BEACH GARDENS FOR 7 8 BY: 9 Eric Jablin, Mayor 10 11 12 Carl Sabatello, Vice Mayor 13 14 15 David Clark, Councilmember 16 17 18 Joseph Russo, Councilmember 19 20 21 Annie Marie Delgado, Councilmember 22 23 24 ATTEST: 25 26 27 BY: 28 Patricia Snider, City Clerk 29 30 31 APPROVED AS TO FORM AND 32 LEGAL SUFFICIENCY 33 34 35 BY: 36 Christine P. Tatum, City Attorney 37 38 39 40 41 42 43 44 45 \ \pbgsfile\Attorney\attorney_share \ORDINANCES \budget amendment - Ord 2 2004.doc 2 AGAINST ABSENT City of Palm Beach Gardens Budget Amendment FYE 09/30/04 Exhibit 'T' General Fund Designated Reserved for for Projects/ From Grant/ Current Year Total Increase Expenditures Purchase Orders Expenses Loan Proceeds Transfers to Budget 001 - 105.4000 5,586.50 5,586.50 001 - 0210 - 512.3150 500.00 500.00 001 - 0210- 512.4710 1,796.65 1,796.65 001 -0220- 512.3150 13,140.00 13,140.00 001 -0220- 5114600 4,368.00 4,368.00 001 - 0220 - 512.6400 406,551.96 406,551.96 001 - 0300 - 513.3150 30,000.00 30,000.00 001 - 0900 - 519.9910 (285,000.00) (285,000.00) 001 - 0900 - 519.9920 72,084.00 72,084.00 001 - 1000 - 521.5294 1,763.00 1,763.00 001 - 1000 - 521.6400 6,636.50 58,715.00 65,351.50 001 - 1030 - 521.1210 262,500.00 262,500.00 001 - 1030 - 521.5294 9,017.05 29,958.00 38,975.05 001 - 1040 - 521.4420 187.40 187.40 001 - 1040 - 521.5200 3,202.50 3,202.50 001 -1040- 521.5294 1,059.80 1,059.80 001 - 1200 - 522.6210 39,000.00 39,000.00 001 -1200- 522.6902 212,403.77 9,242.83 221,646.60 001 - 1200 - 522.8110 10,000.00 10,000.00 001 - 1230- 522.1410 500,000.00 500,000.00 001 - 1230 - 522.5294 9,740.43 9,740.43 001- 1230 - 522.6400 1,698.00 28,528.00 30,226.00 001 -1400- 515.3150 10,000.00 10,000.00 001 - 1400 - 515.3820 3,600.00 3,600.00 001 - 1440 - 515.3830 17,497.42 17,497.42 001 - 2000 - 572.4310 16,000.00 16,000.00 001 - 2050 - 572.6400 4,084.00 4,084.00 001 - 2080 - 519.5900 100,000.00 155,725.00 255,725.00 001 - 2080 - 519.3400 3,367.50 3,367.50 001 - 2080 - 519.6901 670,078.91 45,352.40 715,431.31 001 - 3000 - 539.1210 20,832.00 20,832.00 001 - 3000 - 539.2110 1,450.00 1,450.00 001 - 3000 - 539.2210 1,508.00 1,508.00 001 - 3000 - 539.2310 2,610.00 2,610.00 001 - 3000 - 539.3150 11,179.25 (260,000.00) (248,820.75) 001 - 3000 - 539.4600 1,228.40 1,228.40 001 - 3000 - 539.6917 260,000.00 260,000.00 001 -3030- 539.6904 22,845.00 22,845.00 001 - 3030 - 539.6914 11,767.50 11,767.50 001- 3040 - 541.3170 17,585.31 17,585.31 001 - 3040 - 541.3400 1,726.00 1,726.00 001 - 3040 - 541.4600 13,810.22 90,807.50 104,617.72 001 - 3040 - 541.5200 1,500.00 1,500.00 001 - 3040 - 541.6918 5,000,000.00 (12,273.63) 4,987,726.37 001 - 3040 - 541.6903 19,054.16 12,273.63 31,327.79 001- 3040 - 541.6906 65,334.70 65,334.70 001 - 3040 - 541.6918 26,547.00 26,547.00 001 - 3050 - 541.3150 5,243.00 5,243.00 001 - 3050 - 541.5200 6,151.20 6,151.20 001 - 3050 - 541.6400 750.00 750.00 001 - 3050 - 541.6936 15,000.00 15,000.00 001 - 3050 - 541.6935 15,900.00 15,900.00 Increase In Expenditures 1,564,036.21 h 41 &age' 15of 6 6,112,795.00 (285,000.00) 7,811,213.86 City of Palm Beach Gardens Budget Amendment FYE 09/30/04 Exhibit 'T' Expenditures 301 - 2000 - 572.6907 301 - 2000 - 572.6913 301 - 2000 - 572.6919 301 - 2000 - 572.6911 Total Increase In Expenditures Revenues /Sources 301 - 389.0000 301 - 334.9020 Total Increase In Revenues/ Sources Expenditures 401 - 2540 - 572.6915 Total Increase In Expenditures Recreation Impact Fund General Fund Reserved for Designated From Grant Fund Balance - Fund Balance - From Grant/ Current Year Total Increase Revenues /Sources Reserved Designated Loan Proceeds Transfers to Budget 001 - 389.0000 1,564,036.21 419,382.65 254,909.35 200,000.00 1,983,418.86 001 - 334.9000 15,897.04 227,809.00 (285,000.00) (57,191.00) 001 - 334.9010 7,974.93 292,458.00 200,000.00 292,458.00 001 - 334.9020 Fund Balance - Grant 5,000,000.00 Reserved 5,000,000.00 001 - 334.9030 to Budget 7,974.93 77,528.00 77,528.00 001 - 369.0000 200,000.00 15,000.00 15,000.00 001 - 366.0000 500,000.00 500,000.00 Total Increase In Revenues /Sources 1,564,036.21 419,382.65 6,112,795.00 (285,000.00) 7,811,213.86 Expenditures 301 - 2000 - 572.6907 301 - 2000 - 572.6913 301 - 2000 - 572.6919 301 - 2000 - 572.6911 Total Increase In Expenditures Revenues /Sources 301 - 389.0000 301 - 334.9020 Total Increase In Revenues/ Sources Expenditures 401 - 2540 - 572.6915 Total Increase In Expenditures 7,974.93 387,090.04 200,000.00 Golf Course Fund Reserved for Designated From Grant Purchase Orders for Projects Revenues 34,108.60 34,108.60 - Page 2 of 6 595,064.97 Total Increase to Budget 34,108.60 34,108.60 Recreation Impact Fund Reserved for Designated From Grant Total Increase Purchase Orders for Projects Revenues to Budget 11,894.75 11,894.75 104,388.90 104,388.90 6,700.00 254,909.35 200,000.00 461,609.35 1,274.93 15,897.04 17,171.97 7,974.93 387,090.04 200,000.00 595,064.97 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 7,974.93 387,090.04 395,064.97 200,000.00 200,000.00 7,974.93 387,090.04 200,000.00 Golf Course Fund Reserved for Designated From Grant Purchase Orders for Projects Revenues 34,108.60 34,108.60 - Page 2 of 6 595,064.97 Total Increase to Budget 34,108.60 34,108.60 Revenues /Sources 401- 389.0000 Total Increase In Revenues /Sources Expenditures 302 - 1000 - 521.6400 302 - 1000 - 521.6902 Total Increase In Expenditures Revenues/Sources 302 - 389.0000 Total Increase In Revenues /Sources Expenditures 303 - 1200 - 522.5200 303 - 1200 - 522.6902 Total Increase In Expenditures Revenues /Sources 303 - 389.0000 Total Increase In Revenues/ Sources City of Palm Beach Gardens Budget Amendment FYE 09/30/04 Exhibit 'T' Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 34,108.60 34,108.60 34,108.60 - 34,108.60 Police Impact Fund Reserved for Designated From Grant Total Increase Purchase Orders for Projects Revenues to Budget 80,000.00 80,000.00 9,970.89 9,970.89 9,970.89 - - 9,970.89 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 9,970.89 - - 9,970.89 9,970.89 - - 9,970.89 61,323.13 Fire Impact Fund 103,879.14 Reserved for Designated From Grant Total Increase Purchase Orders for Projects Revenues to Budget 7975.29 42,556.01 - 7,975.29 53,347.84 42,556.01 95,903.85 61,323.13 42,556.01 - 103,879.14 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 61,323.13 42,556.01 - 103,879.14 61,323.13 42,556.01 Page 3 of 6 103,879.14 Expenditures 103 - 3000 - 539.6909 103 - 3000 - 539.6925 103 - 3000 - 539.6912 103 - 3000 - 539.6919 103 - 3000 - 539.9920 Total Increase In Expenditures Revenues /Sources 103 - 369.4000 103 - 369.4010 103 - 389.0000 Total Increase In Revenues/ Sources Expenditures 304 - 1400 - 515.9920 304 - 1400 - 515.6908 Total Increase In Expenditures Revenues /Sources 304 - 389.0000 Total Increase In Revenues/ Sources City of Palm Beach Gardens Budget Amendment FYE 09/30/04 Exhibit 111" Gas Tax Fund Reserved for Designated From Grant Total Increase Purchase Orders for Projects Revenues to Budget 60,000.00 60,000.00 62,237.92 62,237.92 142,350.91 142,350.91 15,000.00 15,000.00 42,538.00 42,538.00 142,350.91 122,237.92 57,538.00 322,126.83 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 42,538.00 42,538.00 15,000.00 15,000.00 142,350.91 122,237.92 264,588.83 142,350.91 122,237.92 57,538.00 322,126.83 Art Impact Fund Reserved for Designated From Grant From Current Total Increase Purchase Orders for Projects Revenues Reserves to Budget (330,000.00) (330,000.00) 33,779.90 2,788.76 330,000.00 366,568.66 33,779.90 2,788.76 - - 36,568.66 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 33,779.90 2,788.76 - 36,568.66 33,779.90 2,788.76 Page 4 of 6 36,568.66 Expenditures 104 - 2000 - 575.6920 104 - 2040 - 575.3310 Total Increase In Expenditures Revenues /Sources 104 - 389.0000 Total Increase In Revenues/ Sources Expenditures 309 - 0900 - 519.3160 309 - 0900 - 519.3170 309- 0900 - 519.6300 Total Increase In Expenditures Revenues /Sources 309 - 389.0000 Total Increase In Revenues/ Sources City of Palm Beach Gardens Budget Amendment FYE 09/30/04 Exhibit 'T' Recreation Special Revenue Fund Reserved for Designated From Grant Total Increase Purchase Orders for Projects Revenues to Budget 30,000.00 30,000.00 5,680.00 5,680.00 5,680.00 30,000.00 - 35,680.00 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 5,680.00 30,000.00 - 35,680.00 5,680.00 30,000.00 - 35,680.00 1,104,143.84 194, 681.09 Page 5 of 6 1,298,824.93 Burns Road Capital Project Fund Reserved for Designated From Grant Current Year Total Increase Purchase Orders for Projects Revenues Transfers to Budget 5,272.27 5,272.27 2,343.96 2,415.00 5,000.00 9,758.96 1,101,799.88 186,993.82 - (5,000.00) 1,283,793.70 1,104,143.84 194,681.09 - - 1,298,824.93 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 1,104,143.84 194,681.09 1,298,824.93 1,104,143.84 194, 681.09 Page 5 of 6 1,298,824.93 Expenditures 501 - 3020 - 539.3400 501- 3020 - 539.4640 501 - 3020 - 539.5200 501 - 3020 - 539.5250 501 - 3020 - 539.5270 501 - 3020 - 539.6410 Total Increase In Expenditures Revenues /Sources 501 - 389.0000 Total Increase In Revenues/ Sources Expenditures 101 - 1000 - 521.6400 101 - 1040 - 521.6400 Total Increase In Expenditures Revenues /Sources 101 - 334.9010 Total Increase In Revenues /Sources City of Palm Beach Gardens Budget Amendment FYE 09/30/04 Exhibit 'T' Fleet Maintenance Fund From Reserved for Designated Miscellaneous Total Increase Purchase Orders for Projects Revenues to Budget 293.04 293.04 5,145.78 5,145.78 2,207.80 2,207.80 4,603.85 4,603.85 900.00 900.00 14,439.45 14,439.45 27,589.92 - - 27,589.92 Fund Balance - Fund Balance - Miscellaneous Total Increase Reserved Designated Revenues to Budget 27,589.92 - - 27,589.92 27,589.92 - - 27,589.92 Law Enforcement Block Grant Fund Reserved for Designated From Grant Current Year Total Increase Purchase Orders for Projects Revenues Transfers to Budget (30,000.00) (30,000.00) 20,841.00 30,000.00 50,841.00 - - 20,841.00 - 20,841.00 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 20,841.00 20,841.00 Page 6 of 6 20,841.00 - 20,841.00 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 24, 2003 Meeting Date: January 15, 2004 Ordinance 4, 2004 Resolution 20, 2004 SUBJECT /AGENDA ITEM Ordinance 4, 2004 & Resolution 20, 2004: Old Palm Golf Club PCD Amendment First Reading: A request by Henry Skokowski, of Urban Design Studio, on behalf of the Community Finance Company, for an amendment to the Old Palm Golf Club Planned Community Development (PCD) to allow for: (1) a modification to a condition of approval established in the PCD Development Order (Ordinance 32, 2002), relating to the number of non - resident golf club memberships permitted within the PCD; (2) modifications to certain PCD buffers; and (3) a modification to the approved PCD Master Plan allowing for a minor change to the location of certain preserve areas on site. The Old Palm Golf Club PCD is generally bounded by PGA Boulevard to the south, Westwood Gardens Planned Unit Development (PUD) to the north, Central Boulevard and Interstate 95 to the east, and Florida's Turnpike to the west. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: N/A City Council Action: Growth Management: [ ] Approved Principal Planner Project Costs: $ N/A [ ] App. w/ conditions Talal M. Benothman, AICP i Manager Ak Total [ ] Denied City Attorney Michael J. S nchez [ ] Rec. approval Senior Planner $ N/A [ ] Rec. app. w/ conds. Development Compliance_ Current FY [ ] Rec. Denial [ ] Quasi — Judicial Baharch Keshavarz - Wolfs, [ ] Legislative [ ] Continued to: AICP [ ] Public Hearing Funding Source: j Advertised: Attachments: Growth Management/ [ ] Required [ ] Operating • Ordinance 32, 2002 Administrator [X] Not Required [X] Other N/A • Ordinance 14, 2003 Charles K. Wu, AICP • Ordinance 4, 2004 • Resolution 20, 2004 • Preserve Area Approved By: City Man er Budget Acct. #: Modification Plan Affected Parties: N/A . PCD Master Plan [ ] Notified • Buffer Sections [X] Not Required /Ferris Rona Y. Date Prepared: December 24, 2003 Meeting Date: January 15, 2003 Ordinance 4, 2004 Resolution 20, 2004 BACKGROUND The Old Palm Golf Club PCD was approved on September 4, 2002, through Ordinance 32, 2002. The Old Palm PCD Master Plan provides for 333 single - family residential units and a private 19- hole golf course on approximately 651 acres. The PCD is bisected by Central Boulevard creating two (2) portions of the PCD: (1) the eastern portion (70.5 acres) has been approved for the development of a golf academy, a golf maintenance facility, a practice range and a three (3) hole practice course (Resolution 213, 2002); and (2) the portion lying west of Central Boulevard (580.5 acres) consists of eight (8) residential parcels (A, B, C1, C2, D, E, F1 and F2), all of which have been approved by the City Council. Parcel D, a 42.88 -acre tract consisting of 110 semi - custom single - family homes on 70'x 155' typical lots, was approved by the City Council on November 21, 2002, through Resolution 203, 2002. On February 6, 2003, the City Council approved Resolution 215, 2002, allowing for the development of a clubhouse, a fitness center and spa, and 18 "Casita" residential units within Parcel F1 of the PCD. On March 20, 2003, the City Council approved Resolution 49, 2003, Resolution 50, 2003, and Resolution 51, 2003, allowing for the development of 92 custom single - family homes on Parcels A, B, and E of the PCD. On April 10, 2003, the City Council approved Resolution 62, 2003, allowing for the construction of eight (8) single - family cottage homes on approximately 5.64 acres within Parcel F2 of the PCD. Most recently, on May 15, 2003, the City Council approved Resolution 61, 2003, allowing for the development of 92 custom single - family homes on Parcel C of the PCD. LAND USE & ZONING The Old Palm Golf Club PCD is zoned Planned Community District (PCD) Overlay with an underlying zoning of Residential Low -3 (RL -3), and has land -use designations of Residential Medium (RM) and Residential High (RH). The gross density for the Old Palm PCD is 0.51 units per acre, consistent with its Residential Medium (RM) and Residential High (RH) future land -use designations, and consistent with the Forbearance Agreement, which limits the PCD to three (3) units per acre. PROPOSED MODIFICATIONS i) Modification to Condition No. 24 of Ordinance 32, 2002 Condition No. 24 of Ordinance 32, 2002, the Old Palm Golf Club PCD Development Order, currently reads as follows: 24. The applicant shall be permitted to offer up to 55 non - resident golf club memberships with this PCD approval to offset the reduction in the number of homes proposed (320) and the number of homes approved with the concurrency approval (333). The petitioner, successors, or assigns shall on January first of each year submit an affidavit in recordable form to the Growth Management Department Director confirming that the number of non - resident golf club memberships is within or at the maximum number allowed by this development order (City Attorney). 2 Date Prepared: December 24, 2003 Meeting Date: January 15, 2003 Ordinance 4, 2004 Resolution 20, 2004 The applicant is proposing the following modification to said condition (deleted language is peke *i,,.,,,,g ; new language is underlined): 24. The applicant shall be permitted to offer up to 55 non - resident golf club memberships with this PCD approval to off set the reduction in the number of homes proposed (320) and the number of homes approved with the concurrency approval (333). In addition, the applicant shall be permitted to offer additional non - resident golf club memberships at a rate of 4.23 non - resident memberships for every un -built unit under 320. At no time shall the number of golf club memberships exceed 375. The petitioner, successors, or assigns shall on January first of each year submit an affidavit in recordable form to the Growth Management Department Director confirming that the number of non - resident golf club memberships is within or at the maximum number allowed by this development order (City Attorney). Methodology of 55 non - resident memberships: The Old Palm Golf Club PCD Development Order, as well as the concurrency approval for the PCD, allows for 333 residential dwelling units to be constructed within the PCD. At the time the PCD development order was approved, the applicant informed the City that only 320 single - family lots would be provided within the PCD. To offset the reduction in the number of homes from that approved for the PCD (333), the applicant requested to be permitted to offer up to 55 non - resident golf club memberships. The methodology used by the applicant to justify the number of non - resident club memberships, which was reviewed and approved by the City, is as follows: Golf club trip generation = 786 trips per day (tpd) Units approved = 333 all with internal golf club memberships Golf club trips per member 786/333 = 2.36 tpd /member As is demonstrated below, the reduction in the number of dwelling units to 320 resulted in a balance of 130 tpd: 333 dwelling units approved x 10 tpd /dwelling unit (trip generation rate for single - family home) = 3330 tpd 320 dwelling units provided x 10 tpd /dwelling unit = 3200 tpd 3330 -3200 = 130 tpd remaining unused within the PCD Therefore: 130 tpd /2.36 tpd/member = 55 members Based on the analysis above, the golf club may allow 55 non - resident memberships without increasing external trips for the project. Request: The applicant is requesting that the same methodology be utilized in order to allow for additional non - resident golf club memberships to be offered until such time when the homes within the PCD are sold and constructed. As demonstrated above, a reduction in the number of dwelling units by 13 units yields 55 non - resident club memberships, thereby producing a ratio of 4.23 non- 3 Date Prepared: December 24, 2003 Meeting Date: January 15, 2003 Ordinance 4, 2004 Resolution 20, 2004 resident memberships for every un -built dwelling unit (55/13 = 4.23). The modified condition of approval includes language that allows the applicant to offer additional non - resident golf club memberships at a rate of 4.23 non - resident memberships for every un -built unit under 320, with a maximum of 375 golf club memberships at any one time. At no time will the number of external vehicular trips generated from both the non - resident memberships and the built residential units exceed that previously approved by the City. The City Engineer has reviewed the subject request and had no objections. ii) Modifications to PCD Bu,�ers The proposed modifications to certain PCD buffer sections are a result of a South Florida Water Management District (SFWMD) permit modification to the North Palm Beach County Improvement District (NPBCID) Unit 2A master drainage plans. The approved drainage plan, which provided for three (3) drainage basins, is being amended to consolidate the north and east basins into one (1). Said modification will allow Old Palm to provide drainage outfall for the City Park and further enhance the drainage of Westwood Gardens. The proposed consolidation of the basins requires a 15- foot -wide, 1 Y2 foot -tall (average) berm to be constructed within Buffers C, H, and F of the PCD (please see attached PCD Buffer Plan/Sections and Preserve Area Modification Plan). iii) Modification to PCD Preserve Areas The aforementioned modifications to Buffers C, H, and F of the PCD to accommodate the required drainage basin berm will require the clearing of approximately 2.2 acres of previously approved preserve areas on site. To offset the loss of preserve area within the buffers, approximately 4.0 acres of additional preserve area has been provided along the Florida Turnpike (please see attached Preserve Area Modification Plan). Including these adjustments to the preserve areas, the PCD continues to maintain approximately 1.5 acres of preserve above that required by Code. The City Forester and City Engineer have reviewed the proposed modifications and have raised no objections. PLANNING AND ZONING COMMISSION At its December 9, 2003 meeting, the Planning and Zoning Commission held a public hearing to review the subject petition. No major concerns were voiced by the Commission or by the public in regards to the applicant's request. The Commission voted 7 -0 to recommend approval of the petition to the City Council. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 4, 2004 and Resolution 20, 2004. 0 Date Prepared: September 9, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 32, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A REZONING FROM PLANNED DEVELOPMENT AREA TO PLANNED COMMUNITY DISTRICT OVERLAY WITH AN UNDERLYING ZONING OF RESIDENTIAL LOW DENSITY AND MASTER PLAN OF THE OLD PALM GOLF CLUB PLANNED COMMUNITY DEVELOPMENT WITH 333 SINGLE FAMILY RESIDENTIAL UNITS, GOLF COURSE, CLUBHOUSE, SALES CENTER, MAINTENANCE FACILITIES, GOLF ACADEMY, AND THREE PRACTICE HOLES ON APPROXIMATELY 651 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF PGA BLVD. AND CENTRAL BLVD.; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City received petition PCD -00 -03 from Urban Design Studio, agent, for a rezoning from Planned Development Area to Planned Community District Overlay with an underlying zoning of Residential Low Density and master plan approval of the Old Palm Golf Club Planned Community Development with 333 single family residential units, golf course, clubhouse, sales center, maintenance facilities, golf academy, and three practice holes on an approximately 651 -acre parcel generally located at the northwest corner of PGA Blvd. and Central Blvd. as more particularly described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the subject site is zoned Planned Development Area and has a land -use designations of Residential Medium and Residential High; and WHEREAS, the Growth Management Department reviewed said petition and determined that it is sufficient and consistent with the City's Land Development Regulations and the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission held a public hearing on July 23, 2002, and recommended approval of the rezoning and the master plan of development for the proposed Old Palm Golf Club Planned Community Development; and WHEREAS, the City Council has determined the adoption ofthis Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" and correct and are hereby made a specific Date Prepared: September 9, 2002 ses are hereby ratified and confirmed as being true of this Ordinance upon adoption hereof. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning from Planned Development Area to Planned Community District Overlay with an underlying zoning of Residential Low and ;master plan of the Old Palm Golf Club Planned Community Development with 333 single family residential units, golf course, clubhouse, sales center, maintenance facilities, golf academy, and three practice holes on an approximately 651 -acre parcel generally located at the northwest corner of PGA Blvd. and Central Blvd., as more particularly described in Exhibit "A." SECTION 3: The City Council of the City of Palm Beach Gardens, Florida hereby approves the following five waivers: 1. A waiver from Section 78 -231(0 o the City's Land Development Regulations to allow averaging of the Parkway Buffer along PGA Blvd. City Codes requires a minimum of 185 feet; and 2. A waiver from Section 78 -46(f) of the City's Land Development Regulations to allow later submittal of master sign plan. City Code requires concurrent submittal with master plan of development; and 3. A waiver from Section 78- 186(8) of ten -foot wall along the Turnpike ar Central Boulevard, and the northern 1 height of six feet; and 4. A waiver from Section 78 -506 of thi sidewalk along the internal loop road: each side of the street; and 5. A waiver from Section 78 -498 of the of -way width of 62 -70 feet on interna minimum of 80 feet for a collector. SECTION 4: Said Planned Unit Dev which shall be the responsibility of the ENVIRONMENT AND LANDSCAPING City's Land Development Regulations to allow a I -95, and eight -foot walls along PGA Boulevard, mdary of the PCD. City Code requires a maximum City's Land Development Regulations to allow one within the PCD. City Code requires two sidewalks on 'ity's Land Development Regulations to allow a right - collector roads within the PCD. City Code requires a is approved subject to the following conditions, its successors or assigns: 1. The applicant, successors, or assign's shall be responsible for the landscape, irrigation, installation and maintenance of the road shoulders of those sections of public rights -of -way contiguous and/or adjacent to the 0 1ld Palm Planned Community Development (PCD), including: a. Northern shoulder of PGA Blvd. from the Ronald Regan Turnpike to Central Blvd. (to be incorporated into the "Parkway' design requirements), as permitted by Florida Department of Transportation and/or the County. The petitioner shall also replace the existing City irrigation system with a PCD irrigation system; 2 Date Prepared: September 9, 2002 b. Eastern shoulder of Central Blvd. from I -95 south (to be incorporated into the "Parkway" design requirements), to the southern terminus of petitioner's property, as permitted by Palm Beach County and/or the Florida Department of Transportation; and c. Western shoulder of Central Blvd. from I -95 south to PGA Blvd. (to be incorporated into the "Parkway" design requirements), as permitted by Palm Beach County and/or the Florida Department of Transportation (City Forester). 2. The applicant, successors, or assigns shall be responsible for the landscape installation of the medians (including irrigation) of those sections of public rights -of -way contiguous to the Old Palm Planned Community Development (PCD), including: a. PGA Blvd. from the Ronald Reagan Turnpike approximately 500 feet towards Central Blvd. as permitted by the Florida Department of Transportation; and b. Central Blvd. from I -95 to PGA Blvd., as permitted by Palm Beach County, excluding the medians previously installed by the Bent Tree PUD (City Forester). 3. The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation) of those sections of public rights -of -way adjacent and/or contiguous to the Old Palm Planned Community Development (PCD), including: a. PGA Blvd. from the Ronald Reagan Turnpike to Central Blvd. (Petitioner shall provide a pro -rata share in the cost of the maintenance with the BallenIsles PCD); and b. Central Blvd. from I -95 to PGA Blvd. (Petitioner shall provide a pro -rata share in the cost of the maintenance with the Bent Tree PUD) (City Forester). 4. The applicant shall install the landscaping and irrigation for the medians and roadway shoulders adjacent to the property, as described in Conditions 1 and 2 above, within six (6) months of issuance of the clearing permit, or no further permits or inspections will be issued for the project site until said landscaping and irrigation are completed. This condition shall not apply to the road shoulder and medians affected by the raising of Central Blvd. The landscaping and irrigation shall be installed simultaneously with the raising of Central Blvd (City Forester). 5. Prior to the issuance of the first certificate of occupancy, the applicant shall provide surety, in an amount equal to 110% of the cost of the landscape improvements described above in an escrow account established by the applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights -of -way, then the Old Palm property owners association, successors or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City of Palm Beach Gardens (Planning and Zoning). 6. The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of the root zone and canopy drip line area. No detrimental changes in pH and topography /drainage may result in disturbance or destruction of the preserve areas. 3 Date Prepared: September 9, 2002 Applicant's landscape architect and/or environmental consultant shall monitor protection of the preserve and buffer areas during land alteration/construction activities (City Forester, City Environmental Consultant). 7. The proposed project shall be micro -sited to ensure the protection of listed plant and animal species, ensure that the highest quality wetlands and uplands are preserved intact and ensure that an adequate buffer is maintained around all preserved areas (City Forester, City Environmental Consultant). All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant to Section 78- 250(a)(4)e of the City's Code of Ordinances and the approved Preservation/Relocation Plan are protected (City Forester, City Environmental Consultant). 9. Detailed road right -of -way and landscape plans for all interior PCD collector roads shall be reviewed and approved by the Growth Management Department prior to issuance of a permit to construct said road or phase thereof (Planning and Zoning). 10. Within six (6) months of the effective date of this development order, the applicant shall submit detailed PCD buffer plans for Growth Management Department approval. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the PCD Buffer Plans (Planning and Zoning). 11. The petitioner shall maintain the landscaping along both sides of the wall along the northern boundary of the PCD and Westwood Gardens PUD (City Forester). 12. The petitioner shall completely screen the wall long PGA Blvd. from view from the right -of- way. The wall along Central Blvd. shall also be completely screened from view from the right -of -way three years after buffer landscape planting (Planning and Zoning). 13. Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements, except as otherwise approved in the cross - sections or as may be permitted in certain locations subject to Growth Management Department approval (Planning and Zoning). 14. The PCD buffer along PGA Blvd.(from the Turnpike to Central Blvd.) and along Central Blvd.(from PGA Blvd. to 117`h Court), shall be installed within 6 months of issuance of the first clearing permit. PCD buffer installation for the balance of Central Blvd, the PCD buffer for the property east of Central Blvd., and Buffer Section B (along Westwood Gardens), shall be installed within 12 months of issuance of the first clearing permit. All other buffers shall be installed within 18 months of issuance of the first clearing permit. The buffer installation schedule shall be in accordance with Exhibit "C" attached hereto. A one -time six -month extension to complete buffer and right -of -way improvements may be granted by the Growth Management Director upon review of sufficient justification (City Forester). 4 Date Prepared: September 9, 2002 15. The petitioner shall provide the City with and install a City entry sign on Central Blvd. by the I -95 interchange. The sign shall be installed within twelve (12) months of completion of the 1 -95 interchange. Should the I -95 interchange is not built within the next five years from the effective date of this development order, the petitioner shall provide said sign at another location determined by the City (Planning and Zoning). 16. Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer and the City's Environmental Consultant (City Forester). 17. Seacoast Utility Authority well locations and configurations, within the PCD buffer system, shall be restricted to those shown on the PCD Master Plan. Any revisions thereto shall be subject to Growth Management Department review and approval (Planning and Zoning). ENGINEERING AND INFRASTRUCTURE 18. Parcel access illustrated on the master plan is conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details. The applicant shall obtain County approval for parcel access points onto Palm Beach County roadways (City Engineer). 19. If site plan approval has not been obtained and the applicant desires to clear and rough fill a pod during the construction of the lakes, the applicant shall obtain a clearing permit from the Growth Management Department prior to performing said work (City Engineer). 20. All land areas within the project shall have completed the recordation of plats, and the installation of on -site and off -site infrastructure and common landscaping prior to December 31, 2005 (City Engineer). 21. Prior to the issuance of the first residential building permit for each Pod, with the exception of the models, the City shall accept the Substantial Completion of the Spine Road adjacent to and providing access to said Pod as approved by the City Engineer. Substantial Completion for the Spine Road is defined as follows: installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion (City Engineer). 22. Prior to the issuance of the first certificate of occupancy for each Pod, with the exception of the models, the supporting public infrastructure of said Pod shall be constructed by the applicant and approved by the City. The roadway portion of each Pod shall be constructed to a point of Substantial Completion. Substantial Completion for the roadway within the pod is defined as follows: installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks or lighting fixtures is not required for Substantial Completion (City Engineer). Date Prepared: September 9, 2002 23. Prior to the issuance of the first building permit for any structure, the applicant shall provide surety, acceptable to the City, for the construction of the public improvements for the Spine Road (from PGA Blvd. to Parcels A and B). The applicant shall provide an annual evaluation and adjustment of the surety for the Spine Road to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the first business day of July of each year (City Engineer). 24. The applicant shall be permitted to offer up to 55 non - resident golf club memberships with this PCD approval to off set the reduction in the number of homes proposed (320) and the number of homes approved with the concurrency approval (333). The petitioner, successors, or assigns shall on January first of each year submit an affidavit in recordable form to the Growth Management Department Director confirming that the number of non - residential golf club memberships is within or at the maximum number allowed by this development order (City Attorney). 25. Prior to the issuance of the final residential Certificate of Occupancy for this project, the Spine Road and all of the internal roadways shall be fully constructed by the applicant and approved by the City of Palm Beach Gardens (City Engineer). 26. Prior to the first residential Certificate of Occupancy for each Pod, the applicant shall install the landscaping for the Spine Road adjacent to and providing access to said Pod to the satisfaction of the City Forester (City Engineer). 27. Prior to the issuance of the Certificate of Occupancy for any building within the Clubhouse parcel, the applicant shall plat and construct the Spine Road to a point of completion, less the final lift of asphalt. The installation of landscaping, sidewalks, and lighting shall be operational along one side of the Spine Road to accommodate safe pedestrian access to the Clubhouse. Temporary crosswalks shall be provided across the Spine Road from each Pod entry to said sidewalk (City Engineer). 28. No construction or land alteration of any portion of the surface water management system shall be undertaken until an environmental resource permit for construction and operation of the Surface Water Management System, or portion thereof, is issued by the South Florida Water Management District and approved by the City (City Engineer). 29. The applicant shall copy to the City all correspondence to and from the South Florida Water Management District regarding the Surface Water Management System (City Engineer). 30. The applicant shall comply with all Federal Environmental Protection Agency (EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination (City Engineer). 0 Date Prepared: September 9, 2002 31. The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to the Ronald Reagan Turnpike, Central Boulevard, PGA Boulevard, Westwood Gardens/Westwood Lakes, etc. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities (City Engineer). 32. Prior to the issuance of any permits for construction of residential homes and golf club facilities, a contract shall be let and a notice to proceed shall be issued by the applicant for the construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the surface water management system has been completed, certified by the engineer of record, and determined acceptable by the City Engineer and Northern Palm Beach County Improvement District (City Engineer). 33. All areas designated for maintenance of the Surface Water Management System shall be no less than 20 -feet wide (minimum) with graded slopes no steeper than 8:1(horizontal:vertical). No construction or landscaping shall be permitted in the maintenance areas in a manner that will in any way restrict, impede or otherwise limit the use of these areas for this intended purpose (City Engineer). 34. The applicant and/or Northern Palm Beach County Improvement District ( NPBCID) shall furnish and install continuous lake stage recorders including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the capability to monitor lake stages. Installation shall be concurrent with the acceptance of the Surface Water Management System by NPBCID for all or any portion of the system. The locations and number of the stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and NPBCID (City Engineer). 35. The Surface Water Management System shall be continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems, and flood routing in order to establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City (City Engineer). 36. Upon PCD approval, the applicant may apply for an excavation and fill permit, which is subject to review and approval by the Growth Management Department (City Engineer). it Date Prepared: September 9, 2002 37. Within six (6) months of the issuance of the Development Order and before the first residential building permit (excluding models) is issued, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County for funding of all roadway improvements in a form acceptable to the County Engineer for all improvements that are not assured construction (City Engineer). 38. The applicant shall use best efforts to construct the off -site berms as required by the SFWMD Conceptual Permit for NPBCID's Unit No. 2 on the lands that are owned by the applicant located along Central Boulevard and Military Trail, south of Hood Road and north of I -95. The berm construction shall be complete within eight months of the issuance of the building permit to construct by all the applicable government agencies (City Engineer). 39. Prior to issuance of the first building permit, with the exception of the models and maintenance facility, or within six months of the effective date of the development order, whichever occurs first, the applicant shall install the meandering sidewalk/berm as required by the Environmental Resources Permit issued by the South Florida Water Management District for Northern Palm Beach County Improvement District's Unit of Development No. 2 along the existing, adjacent rights -of -way (City Forester and City Engineer). 40. The sales center shall be a temporary facility for such purpose until the last residential building permit is issued by the City, after which the facility shall become an administrative office to be used strictly for internal PCD purposes (Planning and Zoning). TRAFFIC 41. This development order shall expire on December 31, 2005, which is the build -out date specified in the Concurrency Certificate issued for the PCD (Planning and Zoning). 42. Prior to the issuance of the first Certificate of Occupancy or as otherwise determined by the City Engineer, the applicant shall construct the following: a. A right -turn ingress lane at the driveway along PGA Boulevard (westbound into the project entrance); b. A right -turn ingress lane at the driveway along Central Boulevard (southbound into the project entrance); c. A left -turn ingress lane at the access driveway along PGA Boulevard (eastbound into the project entrance); and d. A left -turn ingress lane at the access driveway along Central Boulevard (northbound into the project entrance) (City Engineer). 43. The City shall not issue building permits for more than 116 residential units until construction begins for one additional westbound through lane on PGA Boulevard from the Ronald Reagan Turnpike to Central Boulevard, or upon adoption ofproper CRALLS designation for this link, in excess of 50,421 ADT (City Engineer). 44. The City shall not issue building permits for more than 120 residential units (impact beyond 1.1 Date Prepared: September 9, 2002 1% of the LOS D capacity at PGA Boulevard, between I -95 and Military Trial, where traffic diversions due to planned Kyoto Garden Drive Extension were used) until construction begins for the Kyoto Garden Drive roadway extension (City Engineer). 45. The City shall not issue building permits for more than 124 residential units, until construction begins for widening of PGA Boulevard from two (2) lanes to four (4) lanes, between the Ronald Reagan Turnpike and Avenue of the Champions. This is an assured improvement for which surety has been posted (City Engineer). 46. The City shall not issue building permits for more than 149 residential units until construction begins for widening of Hood Road from two (2) lanes to four (4) lanes, between Military Trail and Alt. AlA (City Engineer). 47. The City shall not issue building permits for more than 188 residential units until construction begins for one (1) additional westbound lane on PGA Boulevard from I -95 to Military Trail, or upon adoption of proper CRALLS designation for this link, in excess of 58,810 ADT (City Engineer). 48. The City shall not issue building permits for more than 229 residential units until the adoption of CRALLS designation of 1,800 vph as the critical sum, or construction begins for the following improvements at the intersection of PGA Boulevard/Military Trail: a. Add one (1) additional through lane on both westbound and eastbound approaches, and add one (1) exclusive right -turn lane on the southbound approach (City Engineer). 49. The City shall not issue building permits for more then 237 residential units until construction begins for the following improvements at the intersection of PGA Boulevard/the Ronald Reagan Turnpike: a. Reconfigure the southbound approach to provide two (2) exclusive left -turn lanes, and one (1) shared through/left-turn lane; and b. Use the existing unused pavement to add one (1) exclusive right -turn lane on the southbound approach (City Engineer). 50. The City shall not issue building permits for more than 257 residential units until construction begins for the following improvements at the intersection of PGA Boulevard/Avenue of the Champions: a. Reconfigure the westbound approach to provide one (1) left -turn lane, one (1) through lane, and one (1) shared through/right -turn lane; and b. Provide an additional eastbound through lane (City Engineer). 51. The additional right -of -way for the I -95 /Central Boulevard interchange, as shown on the attached plan (Exhibit B), shall be shown on the plat as road right -of -way and dedicated to Palm Beach County (Planning and Zoning). 0 Date Prepared: September 9, 2002 52. The developer shall, prior to the first building permit, convey to Palm Beach County by road right -of -way warranty deed the additional right -of -way for the I -95 /Central Boulevard interchange, shown on the plat, free of all encumbrances and encroachments (Planning and Zoning and Engineering). 53. The petitioner shall disclose the future location of the I -95 /Central Boulevard interchange in the contract purchase documents to potential customers interested in purchasing properties within the Old Palm PCD. Such disclosure language shall be reviewed and approved by the City Attorney prior to the issuance of the first residential building permit. The petitioner shall also post a sign of minimum size of two (2) feet by four (4) feet at the sales center at a location visible to potential homebuyers immediately within the lobby area of the sales center disclosing the potential location of the 1 -95 /Central Boulevard interchange (Planning and Zoning and City Attorney). 54. Prior to recording the master property owner's association documents in the public records and no later than the first residential sale, the petitioner shall provide such documents, which shall include discloser language regarding the location of the I -95 /Central Blvd. interchange, to the City Attorney for review and approval (City Attorney). 55. During the period of effectiveness of this development order, the petitioner shall annually provide the City with a status report on all the approved element of the PCD, including a summary of completed construction and schedule of proposed construction over the remaining life of the development order (Planning and Zoning). CONSTRUCTION 56. Prior to issuance of any building permits within the PCD, the applicant shall revise the master plan to indicate a temporary construction staging area located on the northern portion of Parcel D, adjacent to the proposed temporary construction entrance. At no time shall staging of construction vehicles and/or service vehicles occur within a public right -of -way. (Planning and Zoning) 57. Prior to the issuance of any building permits within the PCD, the applicant shall revise the master plan to indicate an additional temporary construction entrance off Central Boulevard immediately north of PGA Boulevard. Said entrance maybe open for six months after the issuance of the first clearing permit within the PCD. The applicant may request one administrative time extension with the additional time period to be determined by the Growth Management Director. (Planning and Zoning) SCTION 5: The Planned Community Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Master Plan, Urban Design Sutdio, Sheet MP -01 - MP -04, revised on August 21, 2002; 2. Buffer Set Sheet Index, Urban Design Studio, Sheets L -00 - L -10, received on July 15, 2002; 10 Date Prepared: September 9, 2002 3. Central Avenue Median Planting, Urban Design Studio, Sheets MPP -01- MPP -03, revised on March 15, 2002; 4. Central Blvd. and I -95 Conceptual Interchange, PBC Eng. and Public Works, Wantman Group Inc. received on June 21, 2002; 5. Main Entrance Site Plan, Wilson Miller & Urban Design Studio, ME -01- ME -04, revised on March 15, 2002; 6. PGA Blvd. Gatehouse, WCI Architecture and Land Planning, Sheets Iof 3 and 2 of 3, dated December 9, 2001; 7. 2nd Entrance Site Plan, Wilson Miller & Urban Design Studio, SE -01- 5E -04, revised on March 15, 2002; 8. Central Blvd. Gatehouse, WCI Architecture and Land Planning, Sheets 1 of 3 and 2 of 3, dated December 9, 2001; 9. Old Palm Golf Club Rest Shelters, Williams Zmistiwski Associates, Cover Sheet revised December 4, 2001 and Sheet 1 revised January 24, 2002; 10. Preliminary Engineering Master Plan, Gee & Jenson, Sheet 01, dated August 21, 2002 and Sheets 02 - 04, dated October 8, 2001; 11. Old Palm PCD Bus Shelter, Urban Design Studio, One Sheet, dated August 15, 2002; and 12. Buffer Installation Schedule, Urban Design Studio, One Sheet, dated August 19, 2002. SECTION 6: All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance than can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 8: This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING PASSED, SECOND READING PASSED, ADOPTED AND APPROVED SIGNED: this yam` day of f.�d�rd�c„ 2002. this // I*v day of S�1t�itlil��c, , 2002. this If "7" day of r /���,rt�.G , 2002. 11 0 VICE Y SABATELLO ATTEST: _ - r ATRICIA SNIDER; CITY C ER VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: September 9, 2002 ,W I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT 12 Date Prepared: September 9, 2002 EXHIBIT A (Next four Page) 13 FEB 08 2001 12:28 FR -PALM BCH GARDENS 5617751099 TCf90551 EXHIBIT A A parcel of land situate i.0 Section 35, Township 41 South, Range 42 East And Section. 2, Township 42 South, Range 42 East; 'Within the municipal limits of the City of palm Beach Gardeas, Palm Beach County, Florid and being more particulars . described as follows: Commencing at the Qua= Section comer located in the 'Ve-'.. me of said Section 35; thence South 87° 56' 04" East, along the,East -West quarter section line, a distance of 2,694.21 feet to the Point of Beginning of the herein described parcel; said Point ofBegirming being oa. a curve having a radial bearing of South 59 °3�5' I O" East, a radius '0 2,575.00 feet, and a central angle of 75' 39' 04 ": Thence proceed. Southerly and Easterly along the am- of said curve, a distance of 3,399.93 feet to the West right -ofway line of Central Boulevard and a point on a curve having a radial bearing of South 540 26'54', Eaa radius of 3,879.72 feet, and a central angle of 8 ° 04' 22 ". Thence proceed Northerly and Frasterly along the arc of said curve and West right -of- -way line, a distance of 546.64 feet to the et#d of said curve; thence North 43 ° 37129 11 East, a distance' of 373.82 feet; to a curve having a radial bearing of North 46 ° 35'56" East, a. radius of 1,669.35' feet, and a central angle of 92 ° 02' 08 ". Thence proceed Northerly along the are of said 'curve departing from said West right -of- -way line, a distance of 2,681.51 feet to the end of said curve to the East -Wes quarter section line; thence North 870 56' 04" West, along said East -West quarter section line, a .distance of 1,123.80 feet-to the Point of Bep.inaing of the herein described parcel. Parcel 31.11 A parcel of land situate in Section 35, limits of the City of Palm Beach Gard a �orers�wvrunwr°r_s�n+w��� °, ui rmship 4I South, Range 42 Fast; within the municipal Palm Bcach County, Florida, and being more A -1 Page 12 FEB 08 2001 12:29 FR W�ALM BCH y� parvcuiarty aescna rpuows; Beginning at the intersection of the'% --- quarter section line in said Seciion �5 line, a distance of-411.99 feet to a pot: central angle'of2" 22"34 ". Thence.-Pr and West right -of -way line, a distance right-of-way line of Central Boulevari Boulevard. right -of -way line, a distanc right -of -way Una, a ,distance of 751.01 way line, a distance of 10.00 feet; then distance of 407.16 feet to a curve havi 1,669.35 feet, and a central angle of 9; ,proceed Northerly and Westerly, aloni East -West quarter section line; thence distance of 210.30 feet to The Point of =hIS 5617751099 TO 0551 EXHIBIT A cst tight -of -way line of luttrstate 1 -95 and the. East -West thence South 28° 00'21" East along Said West right of way a on a curve having a radius of 24,688-65 feet, and a ieeed Southerly and Easterly along the arc of said curve of 1,023.84 feet to the end of said curve and the Northwest thence South 43 ° 3 T 19" West, along said Central of 362.91 feet; thence South 40 ° 34'09" %st, along said feet; thence South 46° 22141" East, along said right -of- ce South 43'-3729" West, -along said right -of -way line, a ig a radial bearing ofNorth 46' 35'56" Eest, a radius of 02' 08 ". Thence, departing said right -of -way litre, the arc of said curve, •a distance of 2,681.51 feet m the South 87" 56' 03" East, along said quarter section line, a 3eginning of the hmin -described parcel.' Less and Except the additional right -of►way for Interstate 95 conveyed to the State of Florida; for the use and benefit of the State of Florida Department of Transportation, by the Deed recorded in Official Records Book 7481, Page 238. Parcel 31.12 A parcel of land situate in Sections 1 'and 2, Township 42 South, Range 42 East and Section 35, Township 41 South, Range 42 East; 'thin the municipal limits of th6 City of 7.1m Beach Gardens, Palm Beach County, Florida, and being more particularly described follows: Commencing at the quarter section co 01' 52'52" East, along the East line o Begi=i g of the herein described pan bearing of North 06" 06' S9" West a r, Thence proceed Westerly and Norther to the East right -of -way line of Centra curve having a radfal bearing of North angle of 08 °_09' 05' . Thence proceed arc of said curve, a distance of $34.89 Bast, continuing along said East right - radial bearing pf North 42* 29'44" Ea '33 ". Thence, departing said*right -of -v said curve, a distance of 1,947.99 feet Interstate 1.95; thence South 30° 31'' 4 909.03 feet to a curve having a radial 1 feet, and a central angle of 20'.25'52' and Southerly, along the are of said cu the herein described parcel. C I WM CC \WFWMVPWCVVIAC \ArM.LQL ner located in the East line of said Section 2, thence North 'said Section 2, a distance of 1,773 -56 feet to the Point of el; said Point of Beginning being on a curve having a radial dies of 2,575.00 feet, and a central angle of 48" 09' 10 ". y, along the arc of said curve, a distance of 2,164.09 feet Boulevard and end of said curve; said point being on a 429 02' 10" East; a radius of 3,759.72 feet, and a central Jortherly and Easterly along said East right -of -way line and feet to the end of said curve; thence North 43 ° 3 T 28" 0- -way line, a distance of 371.91 feet to a curve having a a, a radius of 1,669.35 feet, 4ad a central angle bf 66° 51 ay line, proceed Easterly and Southerly along the are of �o the end of.said curve and the West right -of- -way line of >" Bast, along said West right-of-way line, a distance of caring of North 26 ° 32'52" West, a radius of 2,575.00 Thence, departing said right -of -way, proceed Westerly ve, a distance of 91 9.23 feet to the Point of Beginning of A -1 Page 13 C. FEB 08 2001 12:28 FR ICI -PALM BCH GARDENS 5617751099 TO 90551 EXHIBIT A' Pami31.01 _ . A parcel of land situate in.Section 35, Towtsbip 4.1'South, Range 42. Eau and Section 2. .. Township 42 'South, image •42 East, withui• the municipal lunits' of the City ofPalm Beach Gardens, Palm. Beach: County, Florida, and -being more particularly descn`befl as follows: Beginning at the Southwest-comer of said Section 33, thence North 00 °.5T 25" East,. along the "West line thereof; a distance of 2,297.06 feet; thence South 87° 56' 11" East, a distaace of 301.06 feet; thence North OQ° ST 25" East) a distance of 329.96 feet; thence South 87° 56' 04" Fad a distance•of2,393.15 feet to a curve having a radial bearing of. South 59° 35'.10" East, aradius of 2,575.00 feet, and a central angle of 75° 39'04". Thence proceed-Southerly and Easterly along the arc, of said curve,.a distance of 3,399.93 feet to the West right -of- -way line of Ceatral Boulevard and a point on a curve having a radial beating• of South 54 ° 26'54" East, a radius of 3,879.722 feet, and a central m*e of 33' 23'07'. Thence proceed Southerly along the arc of said curve and said right -of -way line, a distance of 2,260.64 feet to the end of said curve; thence. Somh .02° 09' 39" West, continuing along said right -of -way line, a distance of 2,908.10 feet to the North •right -of -way line of P.G.A. Boulevard; thence North 98' 22' 3.9" West, along said North right -of- way line, a distance of 1,01132 feet to the point of curvature of curve concave to the North, having a. radius of 11,399.16 feet; thence Northwesterly along the are of said curve through a central angle of 02' 37'40" and an fare distance of 522.80 feet to the point-of reverse curvature of • • a curve concave to the South, having a radius of 11,519,16 feet; thence Southwesterly along the arc of said curve thuougb a central gle of 01 ° 34'54" and an are distance of 317.99 feet; thence North 74.° 20'28" West, a distazice�of 73,48 feet; thence North 80° 58' 47" West, a distance of 310.68 feet-, thence North 84 ° 28' 0 " West, a distance of 293.34 feet; thence North 02 ° 10'34" East, a d, ance of 119.24 feet; thence North 05 24' 53" East, a distance of 4 •1.83 feet; thence North - ' 24' 53" East, a distance of 325:37 feet, thence North 46° 35' 32 Last, a distance of 458.00 feet; thence North 01 ° 35'3 2" East, a distance of 307.00 feet; thence North 42 ° 49' 26" West, a distance of 521.54 feet; thence North 27° 49' 26" •West, a distance of 307.24 feemo the West line of said Section 2; thence North 02 ° 10'34" East, along said West line, a distance of 371.65 feet; thence North 02° 10' 09" East, continuing along said West line, a distance of 2,946.92 feet to the Point of Beginning of the herein described parcel. Less and Except that portion thereof conveyed for right =of- -way of P. G.A. Boulevard as descnbed in the Deed recorded in Official Records Book 7819, Page 1428, FEB 08 2001 1228 FR .I —PALM BCH GARD h 5617751099 T 90551 EXHIBIT A' A parcel or tans'u in sections 3, and 36, Township 4�uth, Mange 42 East and Sections 1 and Tow�hi �t7So Rai a 42 within the municipal limi 2, p uth, g Easg p is of the City of Palm Beach Garde=, Palen Beach Couary, Flori and being more.' particularly described as follows: Beginning a% the intersection of the West right -of- -way •Line- of Interstate 195 and the East right -of- wayline of'Ceatral Boulevard; thenc1 S th 3 ° '511 9" of interstate I -95, a distance of 1,471 49" Vest, a radius of 1,669.35 feet, said right-of-way lice, proceed West the East right,-of-way line.of Central of -way, a distance of 409.08 feet; the distance of 35.0 feet; thence North 450.44 feet; thence North SIP 13'06 thence North 43 ° 37' 19" East, along $eginning of the herein described pa ou 0 4 East, along std West nght -of way.hne 56 feet to a curve having a radial bearing of North 240 22' Ld a central o..',.le of 66 ° 5 V3 3 ", Thence, departing from 3y along the =-of said curve= a dimnee of 1,947.99 feet to ►oulevard; iaence North 43 ° 37 29" East, along said right - �= South 46 ° 22'41'- East, along said right -of -way, a S' 10' 00" East, along said, right -of way, a distance of East, along said right-of-way, a distatue of 302.66 feet; aid right -of -way, a distance of 287.60 feet to the Point of r Date Prepared: September 9, 2002 EXHIBIT B (Next Page) 14 EXIST. LA RIW WESTWOOD GARDENS EXIST. LA R/W PROPOSED LA R1W PROPOSED LA R/W PROPOSED LA ��\\� \ \\ \ eel EXHIBIT B PROPOSED L4 R/W 10 P// OLD PALM EX/S1 OLD PALM ` y9 /yp\ ! �TgTF I { EXIST. LA R/W NOTE. ALL DISTANCES ARE APPROXIMATE AND BASED 0 SITE PLAN AND 5URVgX DATA-PROVADED-W-44M GARDEN LAXES tanlma 10up, Ina assts aoumff CENTRAL BLVD. AND I-W MMMMM AM MUM V� ROADWAY PRODUMON CONCEPTUAL INTERCHANGE n.wana fu VA @ am Wwr ML* I&AM RAM► 1 3 4 5 6 7 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: April 9, 2003 ORDINANCE 14, 2003 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. WHEREAS, on September 8', 2002, the City Council approved Ordinance 32, 2002, thereby approving the OIId Palm Golf Club PCD Master Plan, which generally consists of 333 residential units and a private 19 -hole golf course on approximately 651 acres; and , WHEREAS, the City of Palrr (SP- 03 -11) from Urban Design Company, requesting an amendme 2002, to modify a condition of apprc the Substantial Completion of the PCD, as more particularly descr construction of homes within the Pc a condition of approval (Condition sidewalk and (berm along the existir Club PCD; and Beach Gardens has received an application audio, on behalf of Community Finance It to the previously approved Ordinance 32, 'al (Condition No. 21) relating to the timing of )pine Road within the Old Palm Golf Club >ed in Exhibit "A ", in relationship to the Is adjacent to said spine road; and to modify No. 39) relating to the construction of the 1 rights -of -way adjacent to the Old Palm Golf WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City's Comprehensive Plan and Land Development Regulations and has recommended approval; and WHEREAS, on April 8, 20'03, the Planning and Zoning Commission recommended approval of the subjZt petition; and WHEREAS, the City Council has deemed approval 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 are hereby affirmed and ratified. 2 3 4 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 SECTION 2: to read as follows underlined): Date Prepared: April 9, 2003 Ordinance 14, 2003 Condition No. 21 of Ordinance 32, 2002, shall be amended (deleted language :is ugh; new language is 21. Prior to the issuance of the (first residential building - permit Certificate of Occup incy for each Pod, with the exception of the models, the City shall accept the Substantial Completion of the Spine Road adjacent to and providing access to said Pod as approved by the City Engineer. Substantial Completion for the Spine Road is defined as follows: installation of the first lift of asphalt and a complete and operable drainage system. The installation of (landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion (City Engineer). SECTION 3. Condition No. 39 of Ordinance 32, 2002, shall be amended to read as follows (deleted language is StFiGken thF9140; new language is underlined): 39. Prior to the issuance of the models and maintenance fai of the development order, w the meandering sidewall� Resources Permit issued by for Northern Palm Bead Development No. 2 along rda Engineer). SECTION 4. The approval all representations made by the al or public hearing. rst building permit, with the exception of the lity, or within six months of the effective date ichever occurs first, the applicant shall install erm as required by the Environmental he South Florida Water Management District County Improvement District's Unit of the existing, adjacent rights -of -way. The e berm construction shall be installed in (City Forester and City ssly incorporates and is contingent upon it or applicant's agent(s) at any workshop SECTION 5. This Ordinance shall become effective immediately upon adoption. (This space intentionally left blank.) a f Date Prepared: April 9, 2003 Ordinance 14, 2003 1 PASSED this Psr day of , 2003, upon first reading. 2 LV 3 PASSED AND ADOPTED this S"*16 — day of d upon 4 second and final reading. 5 6 CITY O :71H GARDENS FOR AGAINST ABSENT 7 8 BY: 9 Eri lin ayo 10 11 a� 12 AavVid ello, i e yor 13 14 15 k, Co uncilmember 16 17 18 Joseph Russo, Councilmember 19 20 21 Annie Marie Delgado, Councilmember 22 23 i 24 ATTEST: - 26 = 27 BY. 28 'Ratri6i_a- 8niiier;eCity Clerk 29 30 APPROVED AS:TO_- -FORM AND 31 LEGAL SUFFIICIEIVCY 32 33 34 BY: —� 35 Christine P'. Tatum, City Attorney 36 37 38 39 40 41 42 43 G: \attorney_share \OFZDINANCES \ORDINANCE 14 2003- second reading 6- 5- 03.doc 3' FED 06 200.11.2:.2B FR PALM BCH GARDENS 5617751099 TCf90551 EXHIBIT A s' A pared of lend situate izi Section 35, Township 41 South, Range 42 East And Section 2, Township 42 South, Range 42 East; Within the municipal limits of the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particulart . described as follows: Commencing at the Qua= Section comer located in the 'Ve.!•..uie of said Section 35; thence South 87° 56'04" East, along the.East -West quarter section line, a distance of 2,694.21 feet to the Point of Beginning of the herein described parcel; said Point of Beginning being on a curve having a radial bearing of South 59 °35' 10" East, a radius'of 2,575.00 feet, and a central angle of 75" 39' 04 ". "thence proceed - Southerly and Easterly along the arc- of said curve, a distance of 3,399.93 feet to the West right -of -way line of Central Boulevard and a point on a durve having a radial bearing of South 54° 26' S4" F.ast, a radius of 3,879.72 fees, and a central angle of 8 ° 04' 22 ". Thence proceed Northerly and Easterly along the are of said curve and West right r of - -way line, a distance of 546.64 feet to the end of said cwve; thence North 43' 37 28" East, a distance* of 373.82 feet; to a curve having a radial bearing of North 46'135'56" East, a radius of 1,66935 feet, and a =,atral angle of 92 ° 02' 08 ". Thence proceed Northerly along the arc of said curve departing from said West right -of -way line, a distanm of 2,681.51 feet to the end of said curve to the East -West quarter section line; thence North 87° 56' 04" West, along said East -West quarter section line, it .distance of 1,123.80 feet -to the Point of Beginning of the herein described parcel. Parcel 31.11 A parcel of land situate in Section 35, Township 41 South, Range 42 Eat within the municipal limits of the City of Pa1rh Beach Gardens, Palm Beach County, l~lorida., and being more C \ errSCe \VPrs>nMPDr_51►wc \DCCD.uL Exhibit A -1 Page 12 . FEB 08 2001 12:29 FR -PALM BCH GARDENS 5617751099 TO 0551 paracutarty aescno rpuows; EXHIBIT A Beginning at the intersection of the West right -of -way line of IntM== 1-95 and the. East -West =- quarter section line in said Se.ciion 35; thence South 28° 00' 21"L-& along said West right of way line, a distance of'411.99 feet to a point on a curve having a radius of 34,688.05 feet, and a - central angle'of 2 ° 22"34 ". The nmproceed Southerly and Easterly along the arc of said curve and West right -of -way line, a distance of 1,023.84 feet to the end of said curve and the Northwest right =of- -way, line of Central Boulevard; thence South 43 ° 37' 19" West, along said Central. Boulevard ri.gbt -of -way line, a distance of 362.91 feet; thence South 40 ° 34'08" West, along said right -of -way, line, a •distance of 751.07, feet; thence South 46' 22'41 " Easr, along said right -of- w,y line, a distance, of 10,00 feet; thence South 43' 3T 28" West, along said right -of -way line, a distance of 407.16 feel to a curve having a radial bearing ofNorth 46' 35'56" East, a radius of 1,669.35 feet, and a central angle of 92° 02'08". Thence, departing said right -of -way line, ,proceed Northerly and Westerly, along the are of said curve, •a distance of 2,681.51 feet to the East -West quarter section line; thence South;871 56' 03" Fast, along said quarter section line, a distance of 2.10.30 feet to the Point of Beginning of the herein-described parcel., Less and Except the additionai right -of -way for interstate 95 conveyed to the State of Florida: for the use and benefit of the State of Florida DeparTment of Transportation, by the Deed recorded in Official Records Book 7481, Page 238, Parcel 31.12 A parcel of land situate in Sections 1 and 2, Township 42 South, Range 42 East and Section 35, Township 41 South, Range 42 East; within the municipal limits of the City of" - Irp Beach Gardens, Palm Beach County, Florida, and being more particularly described . ; follows: Comrnencing' at the quarter section corner located in the East Line of said Section 2, thence North 01 ° 52'52" East, along the East line of said Section 2, a distance of 1,773.56 feet to the Point of Beginning of the herein described parcel; said Point of Beginning being on a curve having a radial bearing of North 06' 06' 0" West a radius of 2,575.00 feet, and a central angle of 48' 09' 10 ". Thence proved Westerly and Northerly, along the arc of said curve, a distance of 2,164.09 feet to the East right -of -way line of Central Boulevard and end of said curve; said point being on a curve having; a radial bearing of North 42' 02' 10" East; a radius of 3,759.72 feet, and a central , angle of 08'..09'05" Thence proceed Northerly and Easterly along said East right-of-way line and arc of said curve, a distance of 534.89 feet to the end of said curve; thence North 43' 37 28" Em continuing along said East right -of -way line, a distance of 371.91 feet to a curve having a radial bearing of North 42' 29'44" East, a radius of 1,669.35 feet, and a central angle of 660 51 '33 ". Thence, departing said'right -of -way line, proceed Easterly and Southerly along the an of said curve, a distance of 1,947.99 feet to the end of.said curve and the West right -of- -way line of Interstate I.95; thence South 30' 31•' 49" East, along said West right -of -way line, a distance of 909.03 feet to a curve having a radial bearing of North 26' 32'52" West, a radius of 2,575.00 feet, and a central angle of 20'.25' 52 ". Thence, departing said right -of -way, proceed Westerly and Southerly, along the are of said curve, a distance of 919.23 feet to the Point of Beginning of the herein described parcel. o��omct��rwrw�wiveocsva.c�nan. its Exhibit A -1 Page 13 FEB 08 2001 12.28 FR -PALM BCH GARDENS 5617751099 TO 51 EXHIBIT A "i I f ' Parcel3 X.01 r - _ c A parcel of land situate in.Section 35, Township 4.1'South, Range 42. East and Section 2, Township 42 South, Range 42 East, wit W'the municipaliimid' ' the City afPalm Beach Gardens, Palm Beach: County, Florida, and being more particularly descried as follows: Beginning; at the Southwest - corner of said Sectidn 3S, thence North 00°.57 25" Esst,.along the 'West line thereof a distance of 2,297.06 few thence South 87° 56' 11" Ear, a distance of 301.06 feet th=m North 00.° 57 25" East, a distance of 339.96 feet; thence South 87° 56' 04" fast, a discaace.of2, 393.15 feet to a curve having a radial bearing of South 59° 35.10" Fast, aradius of 2,575.00 l:eet, and a central angle of 75 ° 39'04". Thence proceed - Southerly and Easterly along the am-of said- =ve,.a distance of 3„399.93 feet to the West right -of -way line of Central Boulevard and a point on a curve having a radial bearing of South 54" 26'54" East, a radius of 3,879.72 feet, and a central angle of 33 ° 23' 07'. Tbence proceed Southerly along the a of said curve and said right- of-way line, a distance of 2,260.64 f rc feet to the end of said curve; thrace. South 02 ° 0915P" West, continuing along said right -of way line, a distance of 2,908.10 feet to the North right.of -vway line of P.G A. Boulevard; thence North 98' 22' 39" West, along said North right -of- way line, a distance of 1,011.32 feet to the point of curvature of curve concave to the North, .having a- radius of 11,399.16 feet; thence Northwesterly along the arc of said curve through a central angle of 02 ° 37'4011 and an arc distance of 522.80 feet to the point-of reverse curvature of a curve concave to the South, having a radius of 11,519.16 feet; thence Southwesterly along the arc of said curve thi ougb a central angle of 01 " 34'54" and an arc distance of 317.99 feet; thence North 74 2012811 DJest, a distance of 73.48 feet; the North 80° 58' 47" West, a distance of 310.68 fee t-, thence North 84° 28'05" West, a distance of 293.34 feet; thence North 02° 10' 34" East, a d; mce of 119.24 feet; Thence North 05 24' 53" East, a distance of 4 -1.83 feet; thence North- " 24' 53" East, a distance of 325:37 feet; thence North 460 35' 32 Last, a distance of 458 -00 feet; thence North 01 ° 35'32" East, a distance of 307.00 feet; thence North 42" 49' 26" West, a distance of 521.54 feet; thence North 27° 49'26"-West, a distance of 307.24 feet.to the West line of said Section 2; thence North 020 10134" East, along said West line, a distance of 371.65 feet; thence North 02" 10' OS" East, continuing along said West line, a distance of 2,946.92 !.'eat to the Point of Beginning of the herein described parcel. Less and Except that poition thereof conveyed for right=of= -way of P.G.A.-Boulevard as described in the Dead recorded in Official Records Book 7819, Page 1425, FEB 08 2001 12--29 FR I-'ALM BCH GARDENS 5617751099 T 90551 EXHIBIT A A Parcel aT Cana to m ,ecnons 35 and 36, Towns&p 4 mh, Range 42 East and Sutions l and 2, Township 42." South, Range '42 East; within the municipal limits of the City of palm Beach I� Florida, aad being more: articular described as oIiows: {�* Gardens, PF�]m .Beach, County. g . p iy. .. Beginning sLt The intersection of the West right -of- -way Ane• of Interstate 195 and the East right -of- way line of Central Boulevard; thence South 30° 31'49" East, alonp,36d West right-of-way-line - of Interstate. 1-95, a distance of 1,47556 feet to a curve having a radial beating of North 240 ?z' 49-Vest, a radios of 1,669.35 feet, and a central c.a .4e of 66" 51133", Vence; departing from said right-o§-way lice, proceed westerly along the ac of said carver a distance of 1,947.99 f=t to �. the East right-of-way line of Cettal Boulevard; iaence North 4311 37 28" East, along said right- of -way, a distance of 409.08 feet; thence South 46 ° 22'41 "• East, along said right -of -way, a distance of 35.0 feet; thence North 46° 10'.00" East, along said, right -of- -way, a distance of 450.44 feet; thence North 51 13'06" East, alw4 said right -of -way, a distance of 302.66 feet; thence Not 43" 37' 19" East, along said right -of -way, a distance of 287.60 feet to the point of Segisming of the herein described parcel. e. 9, A O WESTWOOD GARDENS V- - _i I PARCEL B I J I PARC r .-- -1 OLD PALM PCD Preserve Area Modifications i 7 l GOLF MAINTENANCE FACILITY :A GOLF \ ACADEMY i LEGEND EXISTING UPLAND PRESERVE F-1 ADDITIONAL PRESERVE (4.0 AC + / -) DNPBCID NEW 15' BERM EASEMENT LOCATION NOTE: Other minor modifications to upland preserve boundaries less than 5' are not reflected in color due to the scale of this plan. N aZ Date: 12.01.03 )ARCEL C '�AI .-- -1 OLD PALM PCD Preserve Area Modifications i 7 l GOLF MAINTENANCE FACILITY :A GOLF \ ACADEMY i LEGEND EXISTING UPLAND PRESERVE F-1 ADDITIONAL PRESERVE (4.0 AC + / -) DNPBCID NEW 15' BERM EASEMENT LOCATION NOTE: Other minor modifications to upland preserve boundaries less than 5' are not reflected in color due to the scale of this plan. N aZ Date: 12.01.03 LOCATION MAP PHASING PROPOSED AS ONE PHASE LEGEND 13----- &17 MEANDERING COMMUNITY TRAIL SYSTEM BU ER TA A CRFOFSS SECTIONS (--- ATTACHED SECTIONS) WAIVER REQUESTS 0,1 � Z -0 G)" Rig SITE DATA 0 Zoning. mmmmPDA Posed m Land Use,EX ISting RIM PmposW �RM `'Underlying Zoning. & RR RL-3 Section 42 gSSSSSSS, Township 42� Range 02 Building Height mmmMm 55 Ft. Total Dwelling Urft ammmmmommmmmoSS333 DLft Single Family iM We Multi -Farrilly mmmmmmmmm=mD DUrS Gross Density mmmmO.51 du/ac 4 AG S ■ THEB Parcel Flrp.&-am.s•mui ammmmO•60 AC. m 130.22 ACJ20% Parcel - 1.60 AG. Clubhouse Parcel (F) Clubhouse Pamed t— P—A Lakes/ 9 .6 ACJ1.6% Sales 78.0 AC. 1 AAC.102% qa! as re— M*Ar,.�.E--- -) A 84ACJQ.g% Perimeter m meterBuffe (b&�o u A—Waffl-) . 9 ACJ3.7% Road Right ­ 18.7 ACJ2.9% Misc. 0 n Pace Includina Golf Course-232.15 PARCEL ACCESS POINTS ON PAUN BEACH couNTY ROADWAYS ACJ35.6% mebb1.1 AGJIUU% PHASING PROPOSED AS ONE PHASE LEGEND 13----- &17 MEANDERING COMMUNITY TRAIL SYSTEM BU ER TA A CRFOFSS SECTIONS (--- ATTACHED SECTIONS) WAIVER REQUESTS 0,1 � Z -0 G)" Rig SITE DATA 0 Zoning. mmmmPDA Posed m Land Use,EX ISting RIM PmposW �RM `'Underlying Zoning. & RR RL-3 Section 42 gSSSSSSS, Township 42� Range 02 Building Height mmmMm 55 Ft. Total Dwelling Urft ammmmmommmmmoSS333 DLft Single Family iM We Multi -Farrilly mmmmmmmmm=mD DUrS Gross Density mmmmO.51 du/ac z:y ®_ i) 1 �` P Pig 0 �p % 0 �' \\ r` N, '5 N Sm I - gv', \Q''\� - \ \\ \\ &X Z2 • Residential Parcel Area SSS,231.05-135A% Parcel mm=17.61 AC. Parcel —81 AG. Parcel INSISEDLOW Parcel 1 17.77 AC EDIUM Parcel - - m=6427 AC. Parcel Fl(P-d"aw ml AlED:UM Parcel D -�13 AC. !" • Not Residential Densities Parcel E 4 AG S ■ THEB Parcel Flrp.&-am.s•mui ammmmO•60 AC. m 130.22 ACJ20% Parcel - 1.60 AG. Clubhouse Parcel (F) Clubhouse Pamed t— P—A Lakes/ 9 .6 ACJ1.6% Sales 78.0 AC. 1 AAC.102% Upland Araasvmd-.ua.Ia.mP -&,m) v&v.k2m&NeNIms*••79.5ACJ122% as re— M*Ar,.�.E--- -) A 84ACJQ.g% Perimeter m meterBuffe (b&�o u A—Waffl-) . 9 ACJ3.7% Road Right ­ 18.7 ACJ2.9% Misc. 0 n Pace Includina Golf Course-232.15 PARCEL ACCESS POINTS ON PAUN BEACH couNTY ROADWAYS ACJ35.6% mebb1.1 AGJIUU% Residential Parcel Denattlas Parcel INNINEELOW Parcel Parcel Cl OW Parcel INSISEDLOW Parcel D EDIUM Parcel E OW Parcel Fl(P-d"aw ml AlED:UM Parcel F2 -I D LIM • Not Residential Densities Residential Low (Up to 5 dulac) Residential Medlum(up tD 9 dulac) ■ THEB Community-Serving Open Spam, ReQuired m 130.22 ACJ20% P 292.93 ACJ45% Clubhouse Parcel (F) 9.6 AC. Lakes/ 04.4 AC. land, 78.0 AC. Perimeter B 23.9 AC. AIrp= space Including Goff. 117.03 AC. NOTES z AsNCTTEDCNPLAN. ■ THEB 1-11k'--1-5- --i 8UBJECTIM'THE REVIEW — ROV� OF SEACOAST Ew AND IIII BEACOASFW•AUIHOWIYNSLBETHESOURCE OF POTABLE WATER AND SAWTARY SEWER SEF04CF- T 7jr NW %—BV,,rcm z-z TOSfTEPLAN�W—F—APPF1DVX 0 PARCEL ACCESS LILWRATEO ON THE WASTER PLAN IS AN.1XX1&W0...CWF,. A THE MUNT i GM PURAT IATM APPROVE - PARCEL ACCESS POINTS ON PAUN BEACH couNTY ROADWAYS (CRY ENGWEEFO. ■ PXFERT8NNt11FENCEPLANFORDETAL V� AND FENCE HEIGHTS AND LOCATKYS 1111 ALL som� — PROVDE UNNERSAL ACCMBBLrn` AND PROVIDE 'PS PER THE FLORIDAACCESSIBLITY CODE LANDSOMI SHAU.BEF1ELDAOJUS1EOTDAV0K)C0NFLcTSmTN UTNUTIES. fl A NNIJUN i & SETBACK WLL BE mAimrmm FROM aEAcoAs r i I w ■ ALL STOP BARS AND SON LOCATIONS TO BE CERTIFIED BY ECT ENGINEER. ■ STOP BAR VMKL BE MKE PAVERS OR TKERUOPLASTIC ONASPWLT- 0 CURDiNG OErALSTO BE SHD" ON ENOLNEEFUNG CONSTRUCTON PLAN& 0 SEE ENONEERING PLANS FOR ROADWAY CROSS SECTIONS. PREPARED FOR )vMUNI-VIES, kre r-PREPARED BY. urban design stualo Urban Planning It Design Land—pe Arclulact.. Cmmnkxrbm Graphics 2DOD Pr Smadh l 81 6 Sww am TIN, C— FL 3340065S! Ems CAOG- wil*mller mw GEE & JENSON WILUAM 7AMW90 ASS"TEL% LU! sews YI•YW W.T I(117, W, i I W; .: -),X _r T .7 0 WWA Wi - I I 'j.1.111111 11-7 Wa m .r' . ZZ 17114WICky.T.1111111111 W�r .Zilt, DATE.* Dec 12. 20DO SCALE: 1. - 300'-Cr JOB NO.: 994184.10 MASTER PLAN Ik A r-1 ^4 10' CONCRE (to... - A DER. - ELEI P7 SUPPLEMENTAL PLANT SCHEDULE 10 0-01 TE WALL BERM - El-EV. IBS SYYB0.5 E W NAPE BOTA.WC NAPE NDQrt SRSM (TAT. - APPROx 25.0) E7051wG Eli`/ARW APPFtO%bIATELT 15.0 GHCPY TREES' At PbHi.p At PIm1nD — 1Q WAIL/ ®PtDETYI RLU Car�toDO EMWdb 6 -tY Nr E -,lY - - -- — — — — LAND E AREA QERITD,. caDwota ..Fw. c -Ir xr 5 -a $A9i PurE Pow. doer. ,V -,r ,rt 6 -,7 (MAmaW) SANp Dlg Pbu. do„e 0— Out Duwce..ip.wa ,C -,5 NT tR -,Y YAHOGMIY S.I.l.nb mdwponl 1V -16 NY 17 -11 WDEHSTMi !,TEES; 100' BUFFER (UPLI"D PRESERVE) DMOON HQLY Nn t 5-tU• NT C -6 / / ® O 5(—%N STOYPAER L ENOLLi Pa wnNCrie YyclmlMS GvOVn. 5 -td NT a• -S' ® SM,OW uyEO cw,Hro W -e 15' NUDE PERWEIER BERM NOT ' MDE E71 - BAHU SOD uLs OPERTY UNE PAW Mapbapnllym ny.Lp6 Y -Y HT Z-r I -95 PoGHT OF WAY � u ELQNOA RMLL P.NY ReI.Im.o dew tp• -,B' M tY -1B / < ,� CABBAGE PAW $md WM.ttP S -tr RQDDA TIUTGH PAIL TMb. IDEble 4!-5 NT a -5 2 SNRUes / ®ComauY pvpepdmu kme 7 -S NT LS -Y E7 TAE YYRDE Yykp cMhm Y-B• NF 2' -S M Y -r �vpwWPtA�UeT,o W Y-c N, m (Mt.D wALTER tnBURNUY �b ��' 2'-S NF z -S maro-Twtrx lmeECrIQI vm,m..e mo+w�m ® THRYAWS GiDbHa UDDN V -S NY SUWAPE CPPCObee edl.•P S -5 NT 7-N' FERN GROUFIDL'014A$: O DI0N N (PENNY QUSSD D ft Dadbsn b ("-3- NT TW.) DVf Qn 55 BIANIRT E. S Hd. puNydle NAWIOW LLAi SWRMIER HNdtm�th�i eblb M46 BEAR 51P,ROrD1 SAGER ULi Nyn� dOS lotilDlb ®5 bb AeulrosE rwnc MPe..,m mmp .UHL, ow bwcmla YUNLY QUA YWIwWDb ctplbl. W _,NE Jeonbum mtwnlf MAN llill H ANTHORN RDDHId.pN bClm BUFFER 'C' - INTERSTATE 95 C 700' -0" BUFFER M-AttNOAW m R THD.H w- PLAN VIEW SCALE: 1' = 30' -0 "' GENplAI NOTES: NNERE POcw E SUPAEYWTAL PUNIMG VIEL BE PRO.pED AND /OR TNMSPIANlED WTUe.LL R¢DC.LTm FRW T!E stE. QUMTm Aw lElQlr a PLANT uATQaAL ro � DETLMtwm er AREA AND aBECr ro � S<REaIm SEE PUN AND SEGOGH FOR .OBE SP M PLANT !BIGHTS ALL PLANT YATEMAL !EIGHTS ARE OVEN A RANGE TD PROVIDE A VMY OF YAM&L SIZE 70 EN IZ Y< NATURAL CEND1TN N& PUNT WTEMALS WILL NOT BE CONRNUQU4i SPEQNED AS THE SYALLLST SUE AND EQUAL AMOUNTS OF AIL SPEQ PIA S MLL RE PRONGED. 1 TM CBUFFER 'C' - INTERSTATE 95 100' -0" BUFFER SECTION SCALE: 7 = 10' -0" OLD PALM GOLF C L U B R8i1TED FQ4 PI,1'FiVIED Br) WII*Miller !r! � r rte. erAWMrd�� urn S�glO UNat Plavia 8 [teyt La.lMge UrCOmn C fi'tplllo• 86Omllwbm.� w.n�B.•e.0.>pB Fn filIJ16Y661 4�dl,Mnrwmt GEE A JENWN aA}�•MMra..�wA.bs WuLAU7A MWM0AS40aA1T8,UC lN.Irt •1lTiIL.1111M. 1Q1 1 la'ar`�l ,. l.lUO. saw aaw BAT'Nic•NFi FEOYm 3ESIC IJQf Far) COrtHTi#DCIIaN NORTH Amntr �� oLroBnPI fEV MW DFErW" DATB Dal- 14 2001 SCAL8 AS SHOWN PH 030 3-ODO -000 FLEi 3403N3DWG BUFFER 'C PLAN / SECTION L -03 e — —��6 Cwu =�IWK iFN� —T,5 M,DE PERT —EIER BERM ° NOT IRRIGATED - BANIA SOD PROPERTY LINE BUFFER VARIES - 100• -0- AVERAGE - 54 -- -- - - - - -- Or wui _ _ _ .. SUPPLEMENTAL PLANTING AREA ISTING VEGETATION `GOLF PRACTICE AREA FFER 'F' - EAST F — too' -0" ALE: t" = •L f., HEDGE C` iv I A I 11 I J` I 6' 04AJN ER,IMETER BERM TM BUFFER 'F' EAST PARCEL .. . F_ SECTION SCALE: 1" = 10-0 SUPPLEMENTAL PLANT SCHEDULE rnQas mQ011 Nuc ea,.wx vnc xeolr s.¢.n ©P1� RW Cu[rf4de mv11RAP r -,Y M r',r QgM,wY„bp farecvwe �fu 6 -,! M r-S ���CCC� wunc.wr s.r,.m Aam�l ,v -,r M a -+z yrgw 1pLr IAn.,w..1 YAUPw RQLY on wvdvc r -,P M P•-r O 9105(M 5R1'4P w)Rb#b M1vVw r -W M a'i' ® SRIin¢PP ua Ir'rtR[ uJka tiTr< r-r M !-r PIW RmiRMJIm NN. Y -Y M Y-� 0 c re.a PW1 smw Owl _,C M J- f Iwfm. ,wlw vuw ,r...m �mm. s -r M r -s- ® cuaur m�� New z_r M ,s_r Q .,,, wmnc wrm a.,NA r -r M r -r yv PwWEi,o 5vw+oe own Z -r M I-J B010F ,1«.NUS sool+ia aaa. r -r M is -r ® gAw.PE fccdoLe uw1�e J-6• M Y-� OIFAa(R TRAP •volOOrvn ameNloem (,' -J M rn.) axr+w. (Ivan WARM � wemw+y ��tFAY�4PSiWEP 3�OfP L�6��� xylmie�m� M � R�r.wa�maYmM6nlmYbarobO„ PWwIQm[ ,ksoc �V nuwa, Raon�bs..�.. CPr�•wA�f6 SlSlll S. SPV,Fe CO�1 iriwsmc a.nnlcM.. nAw,mc ... ec .women .,m/u, m.aslAMm wuwu oalm rwl nc srz. aNrnn uo Rmn a PuR1 u.rowu ro a ocllPw,rR er eRF1 aim ceder ro ff SOaIIlm. sc nAw uQ scow row wale scut Pu:wr IutMs .iFN4 IFlw,1 NY 9HN . wAxlZ A PPO.mE . vm P wahQY sII A ELIIIl�1E� � .wfl @I�.YPM15 ff �9[VID RAx3 gII XL Q MPAFD jw OLD PALM GOLF C L U B PREPARED FOR- PREPARED BY: Wi *miller �. erar .ems Prerlll��.PM urban den ■Vao UIErI WQnYpE OatQ Alll�a. G�anma8�m[i¢lu M e�yR QamrbQ ,a,Q.a1m GEE Q JENSON 8a�•AIQMIQr•��bs WMW 7NIMWW ASSOMn3, LLC I1111t11,111•lW lilt- 11111111 111111 1111- Illllll- 111111- 11111, II11111111i Q�IIQ(t1�� �QM QQQ� &A 7:H4 So FL�oy E, LTG #E {p NOT FOR CONSTRUCTION 0 NORTH wlmsm v,vm AnoREERwcm.mns REV DATE OEBOiPIION DATE Dec 14. 2001 SCALE AS SHOWN PIN: 03043 -000 -M FILE 6: 3403_B06Fi -VDWG BUFFER 'F PLAN / SECTION L -07 rFMP.I BOMLNAPO - - -- ,5' -a WDE 9NF%FYEYTAL OIAI1Tn10 PFRMffIW BFAY Y-O' WOF FY151oN0 �= PWYEIW 6QN 9FAiMST Gffm1T Im - —Sm — PRDPD1n u1E U1lf1Y EA9lENi — I- Nda --r —6• a1NN — RHCE \ S -a A L DbK 'Nk�\ rol TVE B SUPPLEMENTAL PLANT SCHEDULE SYYBmS CpMYd NAME BOTANYAL NAPE RE CANOPY EY NEIGIIT At PImIM l —1 Al Pll,q ©PICFLMI PWY Cecalrbv 9.vaifdb 6 -lr HT B' -la QEA177dMOOD Cam{v%n arecM B' -I{' Hi r -W %NE PavA sEb,li la -ta' HT S -tY (utemvlNe) SAND PDIE (AN Pbua WYv GAME OAK Ov— d pb 101-tr HI MAHOGANY UNOFRSTORY 1RFF <. SaMenb mtl,vgvnl 1a -16• HT Wa HmLY Dm 6' -10 NT W -B' (0. (Ntemvlire) YAUPpI HOLLY -- gv vYnMVly O9185011 STOPPER Yy Jmihp hvgrm. W -101 NT f -6' ® SOUTHERN MIDI YYRTIF PAWS Y,rbv mNbv 6• -6 NT a' -6' PAIL MOPIBCPM1VOwn M1ntah Y -3' MT Y - {' ll:DlF .A BOYAL PAW Royalp,p tltla W -18• HT 1Y -18' CABBAGE PAIL S w p—t. a• -,W NT 3• -I4' it OWDA TH — PAW 91RUBS T-- rvBlvtR {' -B• HT Y -5' ® COCOPI . CnryAVpdanm bmv Y -S W 1.5-Y '©' WAZ YYRILE Yykv cerlbv Y -Y NT Y -S O O SAW PAWETTO Serenm repena Y -{• HT Y -S Y -S NT Y -S A WILIER MBURNW Mbumum v6v+vtum ® TWYALU$ GvlPlvle FIOCTM Y -S H1 ® SEAGRAPE CROUNDLYJVFR4 Cvcmlapv Wfem _ LEAINER FERN DO�ONGORRWPENNY GRA55) AemlleAum Bm41tlYm tvtlbenab (1' -S HT IMP.) BL v flO EGbvn�meb�bp GalbrAO Fucndb NARROW LEAF SUNROwEIt BEACH 91NFl0MER Htl— mquWitlba Hdlmtlwa 6elTe 9 DER LILY IBIS Hpnenvcdlb Ivllftlb Ma sue. PWMROW JASYDIE IANTANA JvanYwm mtslp Imlmv inwluvvta HLY CRA55 PRDI JASMINE MWImMergb vg0lerb J.NWum med... INDIAN NAWMORN H BLACK-EYED SUSAN Rvpnitlapia Inaba Ru ®cib M1bb SPmlbv M1Nere FA. -AA55 F DATCHEE fRAss ilGmDA wMACRASS 4= BacE�.d�e. Trbmwm Ivrbmu GENERAL NOTES: -ERE P059BLE, 98PtFLENTAL PUNTING WLL BE FRONDED AND/Oli TRANSPLANTED MATERIAL REI -ATED F THE SM QUANTn AREA AND O& T TO BE SFREWEO. AND HEIGHT OF PLANT MATER AL TO BE DETERMINED BY SEE PLAN AND SECTON FOR MORE SPEMC PUNT HEIG,ITS ALL PLANT MATERIAL HEIWM ARE OMEN A RANGE TO PROVIDE A VARY OF MATERIAL SIZE TO EWLATE THE NATUIEAL CONDITIONS. PLANT MATERIAL$ MILL NOT BE CONTINUOUSLY VEG%ED AS THE SMALLEST SZE AND EOUAL AMOUNTS OF ALL SPECIFIED PLANTS 9IE WLL BE FRONDED. ;li I I I 91 I 'H' - CENTRAL BLVD. NORTH - EAST SIDE TO APPROVED MAINTENANCE_ FACILI SCALE: 1" = 'Q_ OLD PALM COLF CLUB PREPARED BY.., wil*miller W� IMbolM6Ce'. LIF ALUb'la �..Aw� ,igmM � [w Ii„p�mi►. ®.1sa �.aaymn urbaggn demn SQfO UfD6n Pl6rminp 8 Omprl =i=m Imofwm Baam WYBN6 m�TNa canogaa Pem awr. n m{mmaz MIt.6B1.m01 Fa NI18l.6Y1 Elmi uR41QAOLCON GEE & JENSON r.IpM.e.AlWrer.wm..,b WILLIAM ZOSTOWSKI ASSOCIATES, Lit IItllittlltt�tt111111 �Iltlllll 111111 <llll- 1111111- Illill �IIIIII tIt11111111 l�ge0� R iM! liMtf RAYMOND FLOYD DESIGN NOT FOR CONSTRUCTION 0) NORTH I2/30N3 MD AMFIAMEM llalm PCD A, ol-W YIM A)ORESS D,tC CONMEMB REV M1E DEBCPoPnON DATE: Dec. 14, 2001 SCALE: AS S}{pyyN PIN: 03D43-OD O-000 FILEM 3403�OB�V3DW0 BUFFER 1H1 PLAN / SECTION I -n9 r D 1' i( i IC Ak OLD PALM GOLF CLUB- - PREPARED FOR: WCI COMMUNITIES, INC_ 1181 K•- Gard -A ua R•1)71531M v 0.33110 ,I- -1 I) 7151099 A[ PREPARED BY: Ms¢nMillernes►gn -m,•,� 1.�4.,WibeY. �� PIWIECT MANAGER: KwM.•yaa IN COOPERATION WITH: Keshma A As3od•te% Im moon- e.m ®. arnlvu snex- ERENCE PLAN: ; Vp Fir _, sra3: 1 -3aoo go I I A E. � "=rte � ���,• 1 51 IS 1 1 II \�� • .� � ♦ �` • `` v. 11' \ , ��.�.' „` /► ..,,`� •` � fi _fir .` � . �c � :��•• �, ����ww,.� Ica ,!! � 11 �1 '�1 ►Ii 1i �i.•s.1 raj -••• ►� � �1i���� 1 � •� .....�- ���:!� :� d .�... -� -y.• . r- •— :� •_- �:•. 1. •..�r.•.�:�:�T��ar��y`:��71 �,_..����� _. C ����.�1�.,r ►..v._ vi:��- o:__�I�1•'� • /��.IS:��i����i =:��� �, c_�= ___���� 1 1. 11 19 Fog imIg Date Prepared: January 7, 2004 1 ORDINANCE 4, 2004 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING ORDINANCE 32, 2002 6 RELATING TO THE OLD PALM GOLF CLUB PLANNED 7 COMMUNITY DEVELOPMENT TO TRANSFER THE MASTER PLAN 8 APPROVAL AND RELATED CONDITIONS TO A SEPARATE 9 RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS;, on September 8, 2002, the City Council approved Ordinance 32, 13 2002, rezoning the 651 -acre parcel from Planned Development Area to Planned 14 Community District Overlay with an underlying zoning of Residential Low Density and 15 approving the Old Palm Golf Club PCD Master Plan, which generally consists of 333 16 residential units and a private 19 -hole golf course on approximately 651 acres; and 17 18 WHEREAS„ the City has received a request (PCD- 03 -01) from Henry Skokowski 19 of Urban Design Studio, on behalf of the Community Finance Company, for 20 amendments to the conditions of approval for the Master Plan of the Old Palm Golf Club 21 Planned Community Development (PCD) to allow for: (1) a modification to a condition of 22 relating to the number of non - resident golf club memberships permitted within the PCD; 23 (2) modifications to certain PCD buffers; and (3) a modification to the to the location of 24 certain preserve areas on site; and 25 26 WHEREAS;, these conditions relate to the Master Plan approval and do not affect 27 the zoning of the property; and 28 29 WHEREAS;, the Growth Management Department has reviewed said application, 30 has determined that it is more appropriate that the Master Plan approval and the 31 conditions related thereto be transferred to a separate Resolution of the City Council; 32 and 33 34 WHEREAS„ said PCD amendment petition was reviewed by the Planning and 35 Zoning Commission on December 9, 2003, and recommended its approval by a vote of 36 7 -0; and 37 38 WHEREAS„ the City Council has considered the evidence and testimony 39 presented by the Petitioner and other interested parties and the recommendations of 40 the various City of Palm Beach Gardens review agencies and staff; and 41 42 WHEREAS,, the City Council has determined that adoption of this Ordinance is in 43 the best interest of the citizens and residents of the City of Palm Beach Gardens. 44 45 Date Prepared: January 7, 2004 Ordinance 4, 2004 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 4 SECTION 1_ The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. Section 1 of Ordinance 32, 2002 is amended to read: The City 7 Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning from 8 Planned Development Area to Planned Community District Overlay with an underlying 9 zoning of Residential Low and master plan of the Old Palm Golf Club Planned 10 Community Deve'OpFneRt with 333 single family ro� oiential - units, gOlf GE FS , 11 Gluhho o sales Elpenter, mainteRanGe faGilities, 12 on aR approximat E. 13 Boulevard and Central Boulevard, as more partiGUlarly deGGribed in Exhibit "A!.--for the 14 property more particularly described as: 15 16 LEGAL DESCRIPTION: 17 18 OLD PALM PCD 19 20 A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 21 EAST, AND SECTION 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST, WITHIN THE 22 MUNICIPAL LIMI7FS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH 23 COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS 24 FOLLOWS: 25 26 COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST 27 LINE OF SAID SECTION 35; THENCE SOUTH 87 056'04" EAST, ALONG THE EAST - 28 WEST QUARTER SECTION LINE, A DISTANCE OF 2,694.21 FEET TO THE POINT 29 OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; SAID POINT OF 30 BEGINNING BEING ON A CURVE HAVING A RADIAL BEARING OF SOUTH 31 59 035'10" EAST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 32 75 °39'04 ". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF 33 SAID CURVE, A DISTANCE OF 3,399.93 FEET TO THE WEST RIGHT -OF -WAY LINE 34 OF CENTRAL BOULEVARD AND A POINT ON A CURVE HAVING A RADIAL 35 BEARING OF SOUTH 54 026'54" EAST, A RADIUS OF 3,879.72 FEET, AND A 36 CENTRAL ANGLE OF 080 04' 22 ". THENCE PROCEED NORTHERLY AND 37 EASTERLY ALONG THE ARC OF SAID CURVE AND WEST RIGHT -OF -WAY LINE, A 38 DISTANCE OF 546.64 FEET TO THE END OF SAID CURVE; THENCE NORTH 39 43 037'28" EAST, A DISTANCE OF 373.82 FEET; TO A CURVE HAVING A RADIAL 40 BEARING OF NORTH 46 035'56" EAST A RADIUS OF 1,669.35 FEET, AND A 41 CENTRAL ANGLE_ OF 92 002'08 ". THENCE PROCEED NORTHERLY ALONG THE 42 ARC OF SAID CURVE DEPARTING FROM SAID WEST RIGHT -OF -WAY LINE, A 43 DISTANCE OF 2,681.51 FEET TO THE END OF SAID CURVE TO THE EAST -WEST 44 QUARTER SECTION LINE; THENCE NORTH 87 °56'04" WEST, ALONG SAID EAST - 45 WEST QUARTER SECTION LINE, A DISTANCE OF 1,123.80 FEET TO THE POINT 46 OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. INNI 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: January 7, 2004 Ordinance 4, 2004 PARCEL 31.11 A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 1 -95 AND THE EAST -WEST QUARTER SECTION LINE IN SAID SECTION 35; THENCE SOUTH 28 °00'21" EAST ALONG SAID WEST RIGHT -OF- WAY LINE, A DISTANCE OF 411.88 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 24,688.05 FEET, AND A CENTRAL ANGLE OF 2 022'34 ". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND WEST RIGHT -OF -WAY LINE, A DISTANCE OF 1,023.84 FEET TO THE END OF SAID CURVE AND THE. NORTHWEST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 43 °37'19" WEST, ALONG SAID CENTRAL BOULEVARD RIGHT - OF -WAY LINE, A DISTANCE OF 362.91 FEET; THENCE SOUTH 40 °34'08" WEST, ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 751.07 FEET; THENCE SOUTH 46 °22'41' EAST, ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 43 °37'28" WEST, ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 407.16 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 46 035'56" EAST, A RADIUS OF 1,669.35 FEET, AND A CENTRAL ANGLE OF 92 002'08 ", THENCE DEPARTING SAID RIGHT -OF -WAY LINE, PROCEED NORTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 2,681.51 FEET TO THE EAST -WEST QUARTER SECTION LINE; THENCE SOUTH 87 056'03" EAST, ALONG SAID QUARTER SECTION LINE, A DISTANCE OF 210.30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS AND EXCEPT THE ADDITIONAL RIGHT -OF -WAY FOR INTERSTATE 1 -95 CONVEYED TO THE STATE OF FLORIDA, FOR THE USE AND BENEFIT OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY THE DEED RECORDED IN OFFICIAL RECORDS BOOK 7481, PAGE 238. PARCEL 31.12 A PARCEL OF LAND SITUATE IN SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST AND SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE EAST LINE OF SAID SECTION 2, THENCE NORTH 01052'52" EAST, ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 1,773.56 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; SAID POINT OF BEGINNING 3 2 4 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: January 7, 2004 Ordinance 4, 2004 BEING ON A CURVE HAVING A RADIAL BEARING OF NORTH 06 006'59" WEST A RADIUS 2,575.00 FEET, AND A CENTRAL ANGLE OF 48 °09'10 ". THENCE PROCEED WESTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 2,164.09 FEET TO THE EAST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD AND END OF SAID CURVE; SAID POINT BEING ON A CURVE HAVING A RADIAL BEARING OF NORTH 42 002'10" EAST, A RADIUS OF 3,759.72 FEET, AND A CENTRAL ANGLE OF 08 009'05 ". THENCE PROCEED NORTHERLY AND EASTERLY ALONG SAID EAST RIGHT -OF -WAY LINE AND ARC OF SAID CURVE, A DISTANCE OF 534.89 FEET TO THE END OF SAID CURVE; THENCE NORTH 43 037'28" EAST, CONTINUING ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 371.91 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 42 028 44" EAST, A RADIUS OF 1,669.35 FEET, AND A CENTRAL ANGLE OF 66 051'33 ". THENCE, DEPARTING SAID RIGHT -OF -WAY LINE, PROCEED EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,947.99 FEET TO THE END OF SAID CURVE AND THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 1 -95; THENCE SOUTH 30 031'49" EAST, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 909.03 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 26 032'52" WEST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 20 025'52 ". THENCE, DEPARTING SAID RIGHT -OF -WAY, PROCEED WESTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 918.23 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. PARCEL 31.01 A PARCEL OF LAND SITUATE IN SECTIONS 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTION 2, TOWNSHIP 42 SOUTH , RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT 'THE SOUTHWEST CORNER OF SAID SECTION 35, THENCE NORTH 00 057'25" EAST, ALONG THE WEST LINE THEREOF, A DISTANCE OF 2,297.06 FEET, THENCE SOUTH 87 °56'11" EAST, A DISTANCE OF 301.06 FEET, THENCE NORTH 00 057'25" EAST, A DISTANCE OF 329.96 FEET; THENCE SOUTH 87 056'04" EAST, A DISTANCE OF 2,393.15 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 59 035'10" EAST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 75 039'04 ". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 3,399.93 FEET TO THE WEST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD AND A POINT ON A CURVE HAVING A RADIAL BEARING OF SOUTH 54 °26'54" EAST, A RADIUS OF 3,879.72 FEET, AND A CENTRAL ANGLE OF 33 °23'07 ". THENCE PROCEED SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT -OF -WAY LINE, A DISTANCE OF 2,260.64 FEET TO THE END OF SAID CURVE; THENCE SOUTH 02 009'59" WEST, CONTINUING ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 2,908.10 FEET TO THE NORTH RIGHT -OF -WAY LINE OF PGA BOULEVARD; m Date Prepared: January 7, 2004 Ordinance 4, 2004 1 THENCE NORTH 88 022'39" WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, A 2 DISTANCE OF 1,011.32 FEET TO THE POINT OF CURVATURE OF CURVE 3 CONCAVE TO THE NORTH, HAVING A RADIUS OF 11,399.16 FEET; THENCE 4 NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL 5 ANGLE OF 02 037'40" AND AN ARC DISTANCE OF 522.80 FEET TO THE POINT OF 6 REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A 7 RADIUS OF 11,5'19.16 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF 8 SAID CURVE THROUGH A CENTRAL ANGLE OF 01034'54" AND AN ARC 9 DISTANCE OF 317.99 FEET; THENCE NORTH 74 020'28" WEST, A DISTANCE OF 10 73.48 FEET; THENCE NORTH 80 °58'47" WEST, A DISTANCE OF 310.68 FEET; 11 THENCE NORTH 84 028'05" WEST, A DISTANCE OF 293.34 FEET, THENCE NORTH 12 02 010'34" EAST, A DISTANCE OF 119.24 FEET; THENCE NORTH 05 °24'53" EAST, A 13 DISTANCE OF 4151.83 FEET; THENCE NORTH 05 °24'53" EAST, A DISTANCE OF 14 325.37 FEET; THENCE NORTH 46 °35'32 ". LAST A DISTANCE OF 458.00 FEET; 15 THENCE NORTH 01035'32" EAST, A DISTANCE OF 307.00 FEET; THENCE NORTH 16 42 049'26" WEST, A DISTANCE OF 521.54 FEET; THENCE NORTH 27 049'26" WEST, 17 A DISTANCE OF 307.24 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE 18 NORTH 02 010'34" EAST ALONG SAID WEST LINE, A DISTANCE OF 371.65 FEET, 19 THENCE NORTH 02 010'08" EAST, CONTINUING ALONG SAID WEST LINE, A 20 DISTANCE OF 2,946.92 FEET TO THE POINT OF BEGINNING OF THE HEREIN 21 DESCRIBED PARCEL. 22 23 LESS AND EXCEPT THAT PORTION THEREOF CONVEYED FOR RIGHT -OF -WAY 24 OF PGA BOULEVARD AS DESCRIBED IN THE DEED RECORDED IN OFFICIAL 25 RECORDS BOOK 7819, PAGE 1428. 26 27 PARCEL 31.08 28 29 A PARCEL OF LAND SITUATE IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, 30 RANGE 42 EAST AND SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 42 31 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, 32 PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED 33 AS FOLLOWS: 34 35 BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF 36 INTERSTATE 1 -95 AND THE EAST RIGHT -OF -WAY LINE OF CENTRAL 37 BOULEVARD; THENCE SOUTH 30 031'49" EAST, ALONG SAID WEST RIGHT -OF- 38 WAY LINE OF INTERSTATE 1 -95, A DISTANCE OF 1,475.56 FEET TO A CURVE 39 HAVING A RADIAL BEARING OF NORTH 24 °22'49" WEST, A RADIUS OF 1,669.35 40 FEET, AND A CENTRAL ANGLE OF 66 °51'33 ", THENCE, DEPARTING FROM SAID 41 RIGHT -OF -WAY LINE, PROCEED WESTERLY ALONG THE ARC OF SAID CURVE, A 42 DISTANCE OF 1,947.99 FEET TO THE EAST RIGHT -OF -WAY LINE OF CENTRAL 43 BOULEVARD; THENCE NORTH 43 °37'28" EAST, ALONG SAID RIGHT -OF -WAY A 44 DISTANCE OF 409.08 FEET; THENCE SOUTH 46 °22'41" EAST, ALONG SAID 45 RIGHT -OF -WAY, A DISTANCE OF 35.03 FEET, THENCE NORTH 46 010'00" EAST, 46 ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 450.44 FEET; THENCE NORTH 5 Date Prepared: January 7, 2004 Ordinance 4, 2004 51 013'00" EAST, ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 302.66 FEET; THENCE NORTH 43 037'19" EAST, ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 287.60 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SECTION 3. Sections 2 through 5 inclusive of Ordinance 32, 2002, as amended by Ordinance 14, 2003, are hereby deleted and transferred to Resolution 20, 2004. The remaining sections of Ordinance 32, 2002 shall be renumbered accordingly. Any future amendments to the Master Plan and conditions of approval shall be accomplished by Resolution of the City Council SECTION 4. This Ordinance shall become effective upon adoption. (The remainder of this page left intentionally blank) C 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: January 7, 2004 Ordinance 4, 2004 PASSED this day of 1, 2004, upon first reading. PASSED AND ADOPTED this day of , 2004, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT tu Eric Jablin, Mayor Carl Sabatello, 'Vice Mayor David Clark, Councilmember Joseph Russo, Councilmember Annie Marie Delgado, Councilmember ATTEST: AN Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY xw Christine P. Tatum, City Attorney G: \attorney_share \ORDINANCES \old palm golf club pcd - Ord 4 2003 Chris' version.doc 7 E I FIA ym-- ME 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: January 7, 2004 RESOLUTION 20, 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AMENDMENTS TO THE MASTER DEVELOPMENT PLAN FOR OLD PALM GOLF CLUB PLANNED COMMUNITY DEVELOPMENT LOCATED ON THE NORTHWEST CORNER OF PGA BOULEVARD AND CENTRAL AVENUE WHICH LIES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF PALM BEACH GARDENS, AS DESCRIBED MORE PARTICULARLY HEREIN, AND TO MODIFY CERTAIN CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 'on September 8, 2002, the City Council approved Ordinance 32, 2002, thereby approving the Old Palm Golf Club PCD Master Plan, which generally consists of 333 residential units and a private 19 -hole golf course on approximately 651 acres; and WHEREAS, the City has received a request (PCD- 03 -01) from Henry Skokowski of Urban Design Studio, on behalf of the Community Finance Company, for an amendment to the Old Palm Golf Club Planned Community Development (PCD) to allow for: (1) a modification to a condition of approval established in the PCD Development Order (Ordinance 32, 2002) relating to the number of non - resident golf club memberships permitted within the PCD; (2) modifications to certain PCD buffers; and (3) a modification to the approved PCD Master Plan allowing for a minor change to the location of certain preserve areas on site; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, said PCD amendment petition was reviewed by the Planning and Zoning Commission on December 9, 2003, and recommended its approval by a vote of 7 -0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is 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. Date Prepared: January 7, 2004 Resolution 20, 2004 1 SECTION 2. The amended Master Development Plan for Old Palm Golf Club Planned 2 Community Development is hereby APPROVED on the following described real property to 3 permit the development of the Old Palm Golf Club Planned Community Development with 4 333 single- family residential units, golf course, clubhouse, sales center, maintenance 5 facilities, golf academy, and three practice holes on an approximately 651 -acre parcel 6 generally located at the northwest corner of PGA Boulevard and Central Boulevard, as more 7 particularly described herein, subject to the conditions of approval contained herein, which are 8 in addition to the general requirements otherwise provided by ordinance: 9 10 LEGAL DESCRIPTION: 11 12 OLD PALM PCD 13 14 A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, 15 AND SECTION 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL 16 LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, 17 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 18 19 COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST LINE OF 20 SAID SECTION 35; THENCE SOUTH 87 °56'04" EAST, ALONG THE EAST -WEST 21 QUARTER SECTION LINE, A DISTANCE OF 2,694.21 FEET TO THE POINT OF 22 BEGINNING OF THE HEREIN DESCRIBED PARCEL; SAID POINT OF BEGINNING BEING 23 ON A CURVE HAVING A RADIAL BEARING OF SOUTH 59 035'10" EAST, A RADIUS OF 24 2,575.00 FEET, AND A CENTRAL ANGLE OF 75 °39'04 ". THENCE PROCEED 25 SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 26 3,399.93 FEET TO THE WEST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD AND A 27 POINT ON A CURVE HAVING A RADIAL BEARING OF SOUTH 54 026'54" EAST, A 28 RADIUS OF 3,879.72 FEET, AND A CENTRAL ANGLE OF 08° 04' 22 ". THENCE 29 PROCEED NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND WEST 30 RIGHT -OF -WAY LINE, A DISTANCE OF 546.64 FEET TO THE END OF SAID CURVE; 31 THENCE NORTH 43 037'28" EAST, A DISTANCE OF 373.82 FEET; TO A CURVE HAVING 32 A RADIAL BEARING OF NORTH 46 035'56" EAST A RADIUS OF 1,669.35 FEET, AND A 33 CENTRAL ANGLE OF 92 002'08 ". THENCE PROCEED NORTHERLY ALONG THE ARC OF 34 SAID CURVE DEPARTING FROM SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 35 . 2,681.51 FEET TO THE END OF SAID CURVE TO THE EAST -WEST QUARTER SECTION 36 LINE; THENCE NORTH 87 056'04" WEST, ALONG SAID EAST -WEST QUARTER SECTION 37 LINE, A DISTANCE OF 1,123.80 FEET TO THE POINT OF BEGINNING OF THE HEREIN 38 DESCRIBED PARCEL. 39 40 PARCEL 31.11 41 42 A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, 43 WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM 44 BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS 45 FOLLOWS: 46 47 BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF 48 INTERSTATE 1 -95 AND THE EAST -WEST QUARTER SECTION LINE IN SAID SECTION FA Date Prepared: January 7, 2004 Resolution 20, 2004 1 35; THENCE SOUTH 28 °00'21" EAST ALONG SAID WEST RIGHT -OF -WAY LINE, A 2 DISTANCE OF 411.88 FEET TO A POINT ON A CURVE. HAVING A RADIUS OF 24,688.05 3 FEET, AND A CENTRAL ANGLE OF 2 022'34 ". THENCE PROCEED SOUTHERLY AND 4 EASTERLY ALONG THE ARC OF SAID CURVE AND WEST RIGHT -OF -WAY LINE, A 5 DISTANCE OF 1,023.84 FEET TO THE END OF SAID CURVE AND THE NORTHWEST 6 RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 43 037'19" WEST, 7 ALONG SAID CENTRAL BOULEVARD RIGHT -OF -WAY LINE, A DISTANCE OF 362.91 8 FEET; THENCE SOUTH 40 034'08" WEST, ALONG SAID RIGHT -OF -WAY .LINE, A 9 DISTANCE OF 751.07 FEET; THENCE SOUTH 46 °22'41' EAST, ALONG SAID RIGHT -OF- 10 WAY LINE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 43 °37'28" WEST, ALONG 11 SAID RIGHT -OF -WAY LINE, A DISTANCE OF 407.16 FEET TO A CURVE HAVING A 12 RADIAL BEARING OF NORTH 46 035'56" EAST, A RADIUS OF 1,669.35 FEET, AND A 13 CENTRAL ANGLE OF 92 °02'08 ", THENCE DEPARTING SAID RIGHT -OF -WAY LINE, 14 PROCEED NORTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE, A 15 DISTANCE OF 2,681.51 FEET TO THE EAST -WEST QUARTER SECTION LINE; THENCE 16 SOUTH 87 056'03" EAST, ALONG SAID QUARTER SECTION LINE, A DISTANCE OF 17 210.30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. 18 19 LESS AND EXCEPT THE ADDITIONAL RIGHT -OF -WAY FOR INTERSTATE 1 -95 20 CONVEYED TO THE STATE OF FLORIDA, FOR THE USE AND BENEFIT OF THE STATE 21 OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY THE DEED RECORDED IN 22 OFFICIAL RECORDS BOOK 7481, PAGE 238. 23 24 PARCEL 31.12 25 26 A PARCEL OF LAND SITUATE IN SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 42 27 EAST AND SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; WITHIN THE 28 MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, 29 FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 30 31 COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE EAST LINE OF 32 SAID SECTION 2, THENCE NORTH 01"52'52" EAST, ALONG THE EAST LINE OF SAID 33 SECTION 2, A DISTANCE OF 1,773.56 FEET TO THE POINT OF BEGINNING OF THE 34 HEREIN DESCRIBED PARCEL; SAID POINT OF BEGINNING BEING ON A CURVE 35 HAVING A RADIAL BEARING OF NORTH 06 006'59" WEST A RADIUS 2,575.00 FEET, AND 36 A CENTRAL ANGLE OF 48 °09'10 ". THENCE PROCEED WESTERLY AND NORTHERLY, 37 ALONG THE ARC OF SAID CURVE, A DISTANCE OF 2,164.09 FEET TO THE EAST 38 RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD AND END OF SAID CURVE; SAID 39 POINT BEING ON A CURVE HAVING A RADIAL BEARING OF NORTH 42 °02'10" EAST, A 40 RADIUS OF 3,759.72 FEET, AND A CENTRAL ANGLE OF 08 009'05 ". THENCE PROCEED 41 NORTHERLY AND EASTERLY ALONG SAID EAST RIGHT -OF -WAY LINE AND ARC OF 42 SAID CURVE, A DISTANCE OF 534.89 FEET TO THE END OF SAID CURVE; THENCE 43 NORTH 43 037'28" EAST, CONTINUING ALONG SAID EAST RIGHT -OF -WAY LINE, A 44 DISTANCE OF 371.91 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 45 42 028 44" EAST, A RADIUS OF 1,669.35 FEET, AND A CENTRAL ANGLE OF 66 °51'33 ". 46 THENCE, DEPARTING SAID RIGHT -OF -WAY LINE, PROCEED EASTERLY AND 47 SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,947.99 FEET TO 48 THE END OF SAID CURVE AND THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 1 -95; 3 Date Prepared: January 7, 2004 Resolution 20, 2004 1 THENCE SOUTH 30 031'49" EAST, ALONG SAID WEST RIGHT -OF -WAY LINE, A 2 DISTANCE OF 909.03 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 3 26 °32'52" WEST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 20 °25'52 ". 4 THENCE, DEPARTING SAID RIGHT -OF -WAY, PROCEED WESTERLY AND SOUTHERLY, 5 ALONG THE ARC OF SAID CURVE, A DISTANCE OF 918.23 FEET TO THE POINT OF 6 BEGINNING OF THE HEREIN DESCRIBED PARCEL. 7 8 PARCEL 31.01 9 10 A PARCEL OF LAND SITUATE IN SECTIONS 35, TOWNSHIP 41 SOUTH, RANGE 42 11 EAST AND SECTION 2, TOWNSHIP 42 SOUTH , RANGE 42 EAST; WITHIN THE 12 MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, 13 FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 14 15 BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35, THENCE NORTH 16 00 057'25" EAST, ALONG THE WEST LINE THEREOF, A DISTANCE OF 2,297.06 FEET, 17 THENCE SOUTH 87 °56'11" EAST, A DISTANCE OF 301.06 FEET, THENCE NORTH 18 00 057:25" EAST, A DISTANCE OF 329.96 FEET; THENCE SOUTH 87 056'04" EAST, A 19 DISTANCE OF 2,393.15 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 20 59 035'10" EAST, A RADIUS OF 2,575.00 FEET, AND A CENTRAL ANGLE OF 75 039'04 ". 21 THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A 22 DISTANCE OF 3;399.93 FEET TO THE WEST RIGHT -OF -WAY LINE OF CENTRAL 23 BOULEVARD AND A POINT ON A CURVE HAVING A RADIAL BEARING OF SOUTH 24 54 026'54" EAST, A RADIUS OF 3,879.72 FEET, AND A CENTRAL ANGLE OF 33 023'07 ". 25 THENCE PROCEED SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT - 26 OF -WAY LINE, A DISTANCE OF 2,260.64 FEET TO THE END OF SAID CURVE; THENCE 27 SOUTH 02 009'59" WEST, CONTINUING ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE 28 OF 2,908.10 FEET TO THE NORTH RIGHT -OF -WAY LINE OF PGA BOULEVARD; 29 THENCE NORTH 88 022'39" WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, A 30 DISTANCE OF 1,011.32 FEET TO THE POINT OF CURVATURE OF CURVE CONCAVE 31 TO THE NORTH, HAVING A RADIUS OF 11,399.16 FEET; THENCE NORTHWESTERLY 32 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02 037'40" AND AN 33 ARC DISTANCE OF 522.80 FEET TO THE POINT OF REVERSE CURVATURE OF A 34 CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 11,519.16 FEET; THENCE 35 SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 36 OF 01034'54" AND AN ARC DISTANCE OF 317.99 FEET; THENCE NORTH 74 °20'28" 37 WEST, A DISTANCE OF 73.48 FEET; THENCE NORTH 80 058'47" WEST, A DISTANCE OF 38 310.68 FEET; THENCE NORTH 84 °28'05" WEST, A DISTANCE OF 293.34 FEET, THENCE 39 NORTH 02 010'34" EAST, A DISTANCE OF 119.24 FEET; THENCE NORTH 05 024'53" 40 EAST, A DISTANCE OF 451.83 FEET; THENCE NORTH 05 °24'53" EAST, A DISTANCE OF 41 325.37 FEET; THENCE NORTH 46 °35'32 ". LAST A DISTANCE OF 458.00 FEET; THENCE 42 NORTH 01035'32" EAST, A DISTANCE OF 307.00 FEET; THENCE NORTH 42 049'26" 43 WEST, A DISTANCE OF 521.54 FEET; THENCE NORTH 27 049'26" WEST, A DISTANCE 44 OF 307.24 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 02 010'34" 45 EAST ALONG SAID WEST LINE, A DISTANCE OF 371.65 FEET, THENCE NORTH 46 02 010'08" EAST, CONTINUING ALONG SAID WEST LINE, A DISTANCE OF 2,946.92 FEET 47 TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. 48 4 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: January 7, 2004 Resolution 20, 2004 LESS AND EXCEPT THAT PORTION THEREOF CONVEYED FOR RIGHT -OF -WAY OF PGA BOULEVARD AS DESCRIBED IN THE DEED RECORDED IN OFFICIAL RECORDS BOOK 7819, PAGE 1428. PARCEL 31.08 A PARCEL OF LAND SITUATE IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 1 -95 AND THE EAST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 30 031'49" EAST, ALONG SAID WEST RIGHT -OF -WAY LINE OF INTERSTATE 1 -95, A DISTANCE OF 1,475.56 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 24 022'49" WEST, A RADIUS OF 1,669.35 FEET, AND A CENTRAL ANGLE OF 66 051'33 ", THENCE, DEPARTING FROM SAID RIGHT -OF -WAY LINE, PROCEED WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,947.99 FEET TO THE EAST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD; THENCE NORTH 43 037'28" EAST, ALONG SAID RIGHT -OF -WAY A DISTANCE OF 409.08 FEET; THENCE SOUTH 46 022'41" EAST, ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 35.03 FEET, THENCE NORTH 46 010'00" EAST, ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 450.44 FEET; THENCE NORTH 51013'00" EAST, ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 302.66 FEET; THENCE NORTH 43 °37'19" EAST, ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 287.60 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following five waivers: 1. A waiver from Section 78- 231(f) of the City's Land Development Regulations to allow averaging of the Parkway Buffer along PGA Boulevard. The City Code requires a minimum of 185 feet. 2. A waiver from Section 78 -46(f) of the City's Land Development Regulations to allow later submittal of the master sign plan. City Code requires concurrent submittal with the master plan of development 3. A waiver from Section 78- 186(8) of the City's Land Development Regulations to allow a ten (10) foot wall along the Turnpike and 1 -95, and eight (8) foot walls along PGA Boulevard, Central Boulevard, and the northern boundary of the PCD. City Code requires a maximum height of six (6) feet. 4. A waiver from Section 78 -506 of the City's Land Development Regulations to allow one sidewalk along the internal loop roads within the PCD. City Code requires two sidewalks on each side of the street. 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: January 7, 2004 Resolution 20, 2004 5. A waiver from Section 78 -498 of the City's Land Development Regulations to allow a right -of -way width of 62 -70 feet on internal collector roads within the PCD. City Code requires a minimum of 80 feet for a collector. SECTION 4. Said Planned Community Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: ENVIRONMENT AND LANDSCAPING 1. The applicant, successors, or assigns shall be responsible for the landscape, irrigation, installation, and maintenance of the road shoulders of those sections of public rights -of -way contiguous and /or adjacent to the Old Palm Planned Community Development (PCD), including: a. Northern shoulder of PGA Boulevard from the Ronald Regan Turnpike to Central Boulevard (to be incorporated into the "Parkway" design requirements), as permitted by the Florida Department of Transportation and /or the County. The petitioner shall also replace the existing City irrigation system with a PCD irrigation system. b. Eastern shoulder of Central Boulevard from 1 -95 south (to be incorporated into the "Parkway" design requirements) to the southern terminus of petitioner's property, as permitted by Palm Beach County and /or the Florida Department of Transportation. c. Western shoulder of Central Boulevard from 1 -95 south to PGA Boulevard (to be incorporated into the "Parkway" design requirements) as permitted by Palm Beach County and /or the Florida Department of Transportation. (City Forester) 2. The applicant, successors, or assigns shall be responsible for the landscape installation of the medians (including irrigation) of those sections of public rights - of -way contiguous to the Old Palm Planned Community Development (PCD), including: a. PGA Boulevard from the Ronald Reagan Turnpike approximately 500 feet towards Central Boulevard as permitted by the Florida Department of Transportation. b. Central Boulevard from 1 -95 to PGA Boulevard, as permitted by Palm Beach County, excluding the medians previously installed by the Bent Tree PUD. (City Forester) 3. The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation) of those sections of public rights -of -way adjacent and /or contiguous to the Old Palm Planned Community Development (PCD), including: I Date Prepared: January 7, 2004 Resolution 20, 2004 a. PGA Boulevard from the Ronald Reagan Turnpike to Central Boulevard (Petitioner shall provide a pro -rata share in the cost of the maintenance with the Ballenlsles PCD). b. Central Boulevard from 1 -95 to PGA Boulevard (petitioner shall provide a pro - rata share in the cost of the maintenance with the Bent Tree PUD). (City Forester) 4. The applicant shall install the landscaping and irrigation for the medians and roadway shoulders adjacent to the property, as described in Conditions 1 and 2 above, within six (6) months of issuance of the clearing permit, or no further permits or inspections will be issued for the project site until said landscaping and irrigation are completed. This condition shall not apply to the road shoulder and medians affected by the raising of Central Boulevard The landscaping and irrigation shall be installed simultaneously with the raising of Central Boulevard. (City Forester) 5. Prior to the issuance of the first certificate of occupancy, the applicant shall provide surety, in an amount equal to 110% of the cost of the landscape improvements described above, in an escrow account established by the applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights -of -way, then the Old Palm property owners association, successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City of Palm Beach Gardens. (Planning and Zoning) 6. The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of the root zone and canopy drip line area. No detrimental changes in pH and topography /drainage may result in disturbance or destruction of the preserve areas. Applicant's landscape architect and /or environmental consultant shall monitor protection of the preserve and buffer areas during land alteration /construction activities. (City Forester, City Environmental Consultant) 7. The proposed project shall be micro -sited to ensure the protection of listed plant and animal species, ensure that the highest quality wetlands and uplands are preserved intact, and ensure that an adequate buffer is maintained around all preserved areas. (City Forester, City Environmental Consultant) 8. All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant to Section 78- 250(a)(4)e of the City's Code of Ordinances and the approved Preservation /Relocation Plan are protected. (City Forester, City Environmental Consultant) 7 Date Prepared: January 7, 2004 Resolution 20, 2004 9. Detailed road right -of -way and landscape plans for all interior PCD collector roads shall be reviewed and approved by the Growth Management Department prior to issuance of a permit to construct said road or phase thereof. (Planning and Zoning) 10. Within six (6) months of the effective date of this development order, the applicant shall submit detailed PCD buffer plans for Growth Management Department approval. The maintenance of the landscaping shall be the obligation of the applicant and /or its successors and assigns. Buffers shall be installed consistent with the PCD Buffer Plans. (Planning and Zoning) 11. The petitioner shall maintain the landscaping along both sides of the wall along the northern boundary of the PCD and Westwood Gardens PUD. (City Forester) 12. The petitioner shall completely screen the wall long PGA Boulevard from view from the right -of -way. The wall along Central Boulevard shall also be completely screened from view from the right -of -way three years after buffer landscape planting. (Planning and Zoning) 13. Preserves and buffers shall be unencumbered by maintenance, utility, or drainage easements, except as otherwise approved in the cross - sections or as may be permitted in certain locations subject to Growth Management Department approval. (Planning and Zoning) 14. The PCD buffer along PGA Boulevard (from the Turnpike to Central Boulevard) and along Central Boulevard (from PGA Boulevard to 117th Court), shall be installed within six (6) months of issuance of the first clearing permit. PCD buffer installation for the balance of Central Blvd, the PCD buffer for the property east of Central Boulevard, and Buffer Section B (along Westwood Gardens) shall be installed within twelve (12) months of issuance of the first clearing permit. All other buffers shall be installed within eighteen (18) months of issuance of the first clearing permit. The buffer installation schedule shall be in accordance with Exhibit "C" attached hereto. A one -time six (6) month extension to complete buffer and right -of -way improvements may be granted by the Growth Management Director upon review of sufficient justification. (City Forester) 15. The petitioner shall provide the City with and install a City entry sign on Central Boulevard by the 1 -95 interchange. The sign shall be installed within twelve (12) months of completion of the 1 -95 interchange. Should the 1 -95 interchange not be built within the next five (5) years from the effective date of this development order, the petitioner shall provide said sign at another location determined by the City. (Planning and Zoning) 16. Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer and the City's Environmental Consultant. (City Forester) Date Prepared: January 7, 2004 Resolution 20, 2004 17. Seacoast Utility Authority well locations and configurations, within the PCD buffer system, shall be restricted to those shown on the PCD Master Plan. Any revisions thereto shall be subject to Growth Management Department review and approval. (Planning and Zoning) ENGINEERING AND INFRASTRUCTURE 18. Parcel access illustrated on the master plan is conceptual in nature and shall be subject to site plan review and modification for geometry, operational, and safety design details. The applicant shall obtain County approval for parcel access points onto Palm Beach County roadways. (City Engineer) 19. If site plan approval has not been obtained and the applicant desires to clear and rough fill a pod during the construction of the lakes, the applicant shall obtain a clearing permit from the Growth Management Department prior to performing said work. (City Engineer) 20. All land areas within the project shall have completed the recordation of plats and the installation of on -site and off -site infrastructure and common landscaping prior to December 31, 2005. (City Engineer) 21. Prior to the issuance of the first residential Certificate of Occupancy for each Pod, with the exception of the models, the City shall accept the Substantial Completion of the Spine Road adjacent to and providing access to said Pod as approved by the City Engineer. Substantial Completion for the Spine Road is defined as follows: installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion. (City Engineer) 22. Prior to the issuance of the first certificate of occupancy for each Pod, with the exception of the models, the supporting public infrastructure of said Pod shall be constructed by the applicant and approved by the City. The roadway portion of each Pod shall be constructed to a point of Substantial Completion. Substantial Completion for the roadway within the pod is defined as follows: installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion. (City Engineer) 23. Prior to the issuance of the first building permit for any structure, the applicant shall provide surety acceptable to the City for the construction of the public improvements for the Spine Road (from PGA Boulevard to Parcels A and B). The applicant shall provide an annual evaluation and adjustment of the surety for the Spine Road to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the first business day of July of each year. (City Engineer) 9 Date Prepared: January 7, 2004 Resolution 20, 2004 24. The applicant shall be permitted to offer up to 55 non - resident golf club memberships with this PCD approval to off set the reduction in the number of homes proposed (320) and the number of homes approved with the concurrency approval (333). In addition, the applicant shall be permitted to offer additional non - resident golf club memberships at a rate of 4.23 non - resident memberships for every unbuilt unit under 320. At no time shall the number of golf club memberships exceed 375. The petitioner, successors, or assigns shall on January 1S of each year submit an affidavit in recordable form to the Growth Management Department Director confirming that the number of non - residential golf club memberships is within or at the maximum number allowed by this development order. (City Attorney) 25. Prior to the issuance of the final residential Certificate of Occupancy for this project, the Spine Road and all of the internal roadways shall be fully constructed by the applicant and approved by the City of Palm Beach Gardens. (City Engineer) 26. Prior to the first residential Certificate of Occupancy for each Pod, the applicant shall install the landscaping for the Spine Road adjacent to and providing access to said Pod to the satisfaction of the City Forester. (City Engineer) 27. Prior to the issuance of the Certificate of Occupancy for any building within the Clubhouse parcel, the applicant shall plat and construct the Spine Road to a point of completion, less the final lift of asphalt. The installation of landscaping, sidewalks, and lighting shall be operational along one side of the Spine Road to accommodate safe pedestrian access to the Clubhouse. Temporary crosswalks shall be provided across the Spine Road from each Pod entry to said sidewalk. (City Engineer) 28. No construction or land alteration of any portion of the surface water management system shall be undertaken until an environmental resource permit for construction and operation of the Surface Water Management System, or portion thereof, is issued by the South Florida Water Management District and approved by the City. (City Engineer) 29. The applicant shall copy to the City all correspondence to and from the South Florida Water Management District regarding the Surface Water Management System. (City Engineer) 30. The applicant shall comply with all Federal Environmental Protection Agency (EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination. (City Engineer) 10 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: January 7, 2004 Resolution 20, 2004 31. The construction, operation, and /or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas, including, but not limited to, the Ronald Reagan Turnpike, Central Boulevard, PGA Boulevard, Westwood Gardens/Westwood Lakes, etc. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) 32. Prior to the issuance of any permits for construction of residential homes and golf club facilities, a contract shall be let and a notice to proceed shall be issued by the applicant for the construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the surface water management system has been completed, certified by the engineer of record, and determined acceptable by the City Engineer and Northern Palm Beach County Improvement District. (City Engineer) 33. All areas designated for maintenance of the Surface Water Management System shall be no less than twenty (20) feet wide (minimum) with graded slopes no steeper than 8:1 (horizontal:vertical). No construction or landscaping shall be permitted in the maintenance areas in a manner that will in any way restrict, impede, or otherwise limit the use of these areas for this intended purpose. (City Engineer) 34. The applicant and /or Northern Palm Beach County Improvement District (NPBCID) shall furnish and install continuous lake stage recorders, including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the capability to monitor lake stages. Installation shall be concurrent with the acceptance of the Surface Water Management System by NPBCID for all or any portion of the system. The locations and number of the stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and NPBCID. (City Engineer) 35. The Surface Water Management System shall continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems, and flood routing in order to establish minimum road, berm, and finished floor elevations. These elevations shall be documented in tabular form, including sub -basin number and master plan parcel identification on the drainage plans approved by the City. (City Engineer) 11 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 7, 2004 Resolution 20, 2004 36. Upon PCD approval, the applicant may apply for an excavation and fill permit, which is subject to review and approval by the Growth Management Department. (City Engineer) 37. Within six (6) months of the issuance of the Development Order and before the first residential building permit (excluding models) is issued, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County for funding of all roadway improvements, in a form acceptable to the County Engineer, for all improvements that are not assured construction. (City Engineer) 38. The applicant shall use best efforts to construct the off -site berms as required by the SFWMD Conceptual Permit for NPBCID's Unit No. 2 on the lands that are owned by the applicant located along Central Boulevard and Military Trail, south of Hood Road and north of 1 -95. The berm construction shall be complete within eight (8) months of the issuance of the building permit to construct by all the applicable government agencies. (City Engineer) 39. Prior to issuance of the first building permit, with the exception of the models and maintenance facility, or within six (6) months of the effective date of the development order, whichever occurs first, the applicant shall install the meandering berm as required by the Environmental Resources Permit issued by the South Florida Water Management District for Northern Palm Beach County Improvement District's Unit of Development No. 2 along the existing, adjacent rights -of -way. The sidewalk associated with the berm construction shall be installed in accordance with the schedule of the completion of the PCD buffers as defined by Condition No. 14 hereinabove. (City Forester and City Engineer) 40. The sales center shall be a temporary facility for such purpose until the last residential building permit is issued by the City, after which the facility shall become an administrative office to be used strictly for internal PCD purposes. (Planning and Zoning) TRAFFIC 41. This development order shall expire on December 31, 2005, which is the build - out date specified in the Concurrency Certificate issued for the PCD. (Planning and Zoning) 42. Prior to the issuance of the first Certificate of Occupancy, or as otherwise determined by the City Engineer, the applicant shall construct the following: a. A right -turn ingress lane at the driveway along PGA Boulevard (westbound into the project entrance). b. A right -turn ingress lane at the driveway along Central Boulevard (southbound into the project entrance). 12 Date Prepared: January 7, 2004 Resolution 20, 2004 c. A left -turn ingress lane at the access driveway along PGA Boulevard (eastbound into the project entrance). d. A left -turn ingress lane at the access driveway along Central Boulevard (northbound into the project entrance). (City Engineer) 43. The City shall not issue building permits for more than 116 residential units until construction begins for one additional westbound through lane on PGA Boulevard from the Ronald Reagan Turnpike to Central Boulevard, or upon adoption of proper CRALLS designation for this link, in excess of 50,421 ADT. (City Engineer) 44. The City shall not issue building permits for more than 120 residential units (impact beyond 1% of the LOS D capacity at PGA Boulevard, between 1 -95 and Military Trial, where traffic diversions due to planned Kyoto Gardens Drive Extension were used) until construction begins for the Kyoto Gardens Drive roadway extension. (City Engineer) 45. The City shall not issue building permits for more than 124 residential units, until construction begins for the widening of PGA Boulevard from two (2) lanes to four (4) lanes, between the Ronald. Reagan Turnpike and the Avenue of the Champions. This is an assured improvement for which surety has been posted. (City Engineer) 46. The City shall not issue building permits for more than 149 residential units until construction begins for the widening of Hood Road from two (2) lanes to four (4) lanes, between Military Trail and Alternate A1A. (City Engineer) 47. The City shall not issue building permits for more than 188 residential units until construction begins for one (1) additional westbound lane on PGA Boulevard from 1 -95 to Military Trail, or upon adoption of proper CRALLS designation for this link, in excess of 58,810 ADT. (City Engineer) 48. The City shall not issue building permits for more than 229 residential units until the adoption of CRALLS designation of 1,800 vph as the critical sum, or construction begins for the following improvements at the intersection of PGA Boulevard /Military Trail: a. Add one (1) additional through lane on both westbound and eastbound approaches, and add one (1) exclusive right -turn lane on the southbound approach. (City Engineer) 49. The City shall not issue building permits for more than 237 residential units until construction begins for the following improvements at the intersection of PGA Boulevard and the Ronald Reagan Turnpike: a. Reconfigure the southbound approach to provide two (2) exclusive left -turn lanes and one (1) shared through /left -turn lane. 13 Date Prepared: January 7, 2004 Resolution 20, 2004 b. Use the existing unused pavement to add one (1) exclusive right -turn lane on the southbound approach. (City Engineer) 50. The City shall not issue building permits for more than 257 residential units until construction begins for the following improvements at the intersection of PGA Boulevard and the Avenue of the Champions: a. Reconfigure the westbound approach to provide one (1) left -turn lane, one (1) through lane, and one (1) shared through /right -turn lane. b. Provide an additional eastbound through lane. (City Engineer) 51. The additional right -of -way for the 1 -95 and Central Boulevard interchange, as shown on the attached plan (Exhibit B), shall be shown on the plat as road right - of -way and dedicated to Palm Beach County. (Planning and Zoning) 52. The developer shall, prior to the first building permit, convey to Palm Beach County by road right -of -way warranty deed the additional right -of -way for the 1 -95 and Central Boulevard interchange, shown on the plat, free of all encumbrances and encroachments. (Planning and Zoning and Engineering) 53. The petitioner shall disclose the future location of the 1 -95 and Central Boulevard interchange in the contract purchase documents to potential customers interested in purchasing properties within the Old Palm PCD. Such disclosure language shall be reviewed and approved by the City Attorney prior to the issuance of the first residential building permit. The petitioner shall also post a sign of minimum size of two (2) feet by four (4) feet at the sales center at a location visible to potential homebuyers immediately within the lobby area of the sales center disclosing the potential location of the 1 -95 and Central Boulevard interchange. (Planning and Zoning and City Attorney) 54. Prior to recording the master property owner's association documents in the public records and no later than the first residential sale, the petitioner shall provide such documents, which shall include discloser language regarding the location of the 1 -95 and Central Boulevard interchange, to the City Attorney for review and approval. (City Attorney) 55. During the period of effectiveness of this development order, the petitioner shall annually provide the City with a status report on all the approved elements of the PCD, including a summary of completed construction and schedule of proposed construction over the remaining life of the development order. (Planning and Zoning) 14 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: January 7, 2004 Resolution 20, 2004 CONSTRUCTION 56. Prior to issuance of any building permits within the PCD, the applicant shall revise the master plan to indicate a temporary construction staging area located on the northern portion of Parcel D, adjacent to the proposed temporary construction entrance. At no time shall staging of construction vehicles and /or service vehicles occur within a public right -of -way. (Planning and Zoning) 57. Prior to the issuance of any building permits within the PCD, the applicant shall revise the master plan to indicate an additional temporary construction entrance off Central Boulevard immediately north of PGA Boulevard. Said entrance may be open for six (6) months after the issuance of the first clearing permit within the PCD. The applicant may request one (1) administrative time extension, with the additional time period to be determined by the Growth Management Director. (Planning and Zoning) SECTION 5. Said Planned Community Development shall be constructed in compliance with the following plans on file with the City's Growth Management Department: 1. Master Plan, Sheet MP -01, prepared by Urban Design Studio, last revised on November 21, 2003, and received and stamped by the City on November 21, 2003. 2. Master Plan, Urban Design Studio, Sheets MP-02-1- - MP -04, revised on August 21, 2002. 3. Buffer Set Sheet Index, Urban Design Studio, Sheets L -00 thru L -02, L -04 thru L- 06, L -08, and L -10, received on July 15, 2002. 4. Buffer Plan /Section, Sheets L -03 and L -07, prepared by Urban Design Studio, last revised on November 21, 2003, and received and stamped by the City on November 21, 2003. 5. Buffer `H' Plan /Section, Sheet L -09, prepared by Urban Design Studio, last revised on December 30, 2003, and received and stamped by the City on December 31, 2003. 6. Central Avenue Median Planting, Urban Design Studio, Sheets MPP -01- MPP- 03, revised on March 15, 2002. 7. Central Boulevard and 1 -95 Conceptual Interchange, PBC Eng. and Public Works, Wantman Group Inc., received on June 21, 2002. 8. Main Entrance Site Plan, Wilson Miller & Urban Design Studio, ME -01- ME -04, revised on March 15, 2002. 9. PGA Boulevard Gatehouse, WCI Architecture and Land Planning, Sheets 1 of 3 and 2 of 3, dated December 9, 2001. 15 Date Prepared: January 7, 2004 Resolution 20, 2004 1 10. 2nd Entrance Site Plan, Wilson Miller & Urban Design Studio, SE -01- SE -04, 2 revised on March 15, 2002. 3 4 11. Central Boulevard Gatehouse, WCI Architecture and Land Planning, Sheets 1 of 5 3 and 2 of 3, dated December 9, 2001. 6 7 12. Old Palm Golf Club Rest Shelters, Williams Zmistiwski Associates, Cover Sheet 8 revised December 4, 2001, and Sheet 1 revised January 24, 2002. 9 10 13. Preliminary Engineering Master Plan, Gee & Jenson, Sheet 01, dated August 21, 11 2002, and Sheets 02 - 04, dated October 8, 2001. 12 13 14. Old Palm PCD Bus Shelter, Urban Design Studio, One Sheet, dated August 15, 14 2002. 15 16 15. Buffer installation Schedule, Urban Design Studio, One Sheet, dated August 19, 17 2002. 18 19 SECTION 6. All future amendments to the Old Palm Golf Club Planned Community 20 Development shall be approved by Resolution. 21 22 SECTION 7. Said approval shall be consistent with all representations made by the 23 applicant or applicant's agents at any workshop or public hearing. 24 25 SECTION 8. This Resolution shall become effective upon adoption. 26 27 28 29 (The remainder of this page left intentionally blank) 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 16 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 PASSED AND ADOPTED this ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO. COUNCILMEMBER DELGADO day of Date Prepared: January 7, 2004 Resolution 20, 2004 .2004. CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS \old palm master plan -reso 20 2004.doc 17 Find Date Prepared: January 7, 2004 Resolution 20, 2004 EXHIBIT "B" EXIST. LA RIW 'I z PROPOSED LA R/W EXIST. LA R/W Sy I WESTWOOD GARDENS PROPOSED LA R/W PROPOSED LA RAW eey PROPOSED LA )R,,W ya OLD PALAI EXHIBIT, B. EXIl 13 OLD PAL AI EXIST. LA R/W -4 NOTE: AU DISTANCES ARE APPROXIMATE AND BASED OIV SITE PLAN AND SIQ119X gArA 00�040FO-0LWAXER m" GARDEN 1,V, ES Wantman Group, Inc. AM CEMM4L'BLVD. AND 1-125 ROADWAY PRODUCTION CONCEPrLfAL INTERCHANGE pa mm =mL wor PAW MAM WA) 466," UFO Date Prepared: January 7, 2004 Resolution 20, 2004 EXHIBIT "C" City of Palm Beach Gardens .�1 sz Q, •1 ' ✓Mayor Jablin Council Agenda January 15, 2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 15, 2004 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. --" Pa e G Mayor for a Day — Student from St. Mark's Episcopal Church. b. ✓ Page 8 Recreation Division Football Cheerleaders. c. Page 9) Frank Koutnik, Bureau Chief for the Bureau of Recovery and Mitigation, Division of Emergency Management to present a plaque for the City's induction into FEMA's CRS (Community Rating System). 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: Pte, ,a. Page 11 Consideration of approving Minutes from the December 02, 2003 Joint Council Meeting with Lake Park. --b. (Page 1.5) Consideration of approving Minutes from the December 04, 2003 Regular City Council Meeting. / mac. ✓ (Page 21) Consideration of approving Minutes from the December 18, 2003 Regular City Council Meeting. id. /Pane 28 Resolution 1, 2004 - Downtown at the Gardens and Landmark Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Downtown at the Gardens and Landmark Plat; and proving an effective date. Resolution 4, 2004 — Elm Avenue Jurisdiction. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of the jurisdictional roadway transfer agreement to allow for the transfer of Elm Avenue from the Florida Department of Transportation (FDOT) to the City of Palm Beach Gardens, from the Western boundary of Sabal Ridge Road to the Eastern boundary of SR -809 (Military Trail); providing for transmittal to the Florida Department of Transportation (FDOT); and providing an effective date. f. XLPaLe 55) Resolution 5, 2004 - Frenchman's Reserve PCD -Pod E Subdivision Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Frenchman's Reserve PCD -Plat E Subdivision Plat; and providing � an effectiv e date. g. Resolution 7, 2004 — Agreement between the City and Sandalwood Homeowner's Association for landscape improvements along Burns Road. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for the installation and maintenance of landscape improvements between the City of Palm Beach Gardens and Sandalwood Estates Homeowner's Association, Inc.; and providing an effective date. h. / Pa re 83 Resolution 9, 2004 — Application requesting distribution of a portion of the Palm Beach County Emergency Medical Services Surcharge Award Program Funds. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager to file an application requesting distribution of a portion of the Palm Beach County Emergency Medical Services Surcharge Award Program Funds to which the City is entitled; and providing an effective date. i. ✓ (Page 94) Resolution 11, 2004 — Purchase of Computer Voice Stress Analyzer System. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of a computerized voice stress analyzer (CVSA); and providing an effective date. r J. / (Pa ,-e 114) Resolution 16, 2004 — Oakbrook Square Subdivision Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida "alproving the Oakbrook Square Boundary Plat; and providing an effective date. k. (Pane 121) Resolution 17, 2004 - Mirasol Walk subdivision plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Mirasol Walk Plat; and providing an effective date. ✓1. X" 129) Resolution 23, 2004 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Non - exclusive easement in favor of Seacoast Utility Authority for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the easement premises; authorizing the Mayor and the City Clerk to execute said easement; and providing an effective date. .gym. Xit e 140) Consider approval of Change Order No. 3 in the amount of $42,770.83 to Coral -Tech Associates, Inc. for additional construction services necessary for improvements to the Burns Road Community Recreation Campus. n. Page 153) Proclamation — Arbor Day. moo. ./ (Nape 154) Proclamation — Florida Jewish History Month. -'IX. PUBLIC HEARINGS: / PART I — QUASI- JUDICIAL tea. /(Page 155) Resolution 3, 2004 — NorthCorp — 4750 East Park Drive — principal building sign. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a principal uil mg sign located on Lot 4 of the S,0 NorthCorp Planned Community Development (PCD); providing for a waiver; providing for conditions of approval; and providing an effective date. X. RESOLUTIONS: v a. Z(Page 1.79) Resolution 8, 2004 — Approve a contract award to D. S. Eakins Construction Corporation. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a "piggyback" contract for stormwater drainage O construction services to D.S. Eakins Construction Corporation; and providing an effective date. b. XPaae 223) Resolution 10, 2004 - Purchase award to Schwarze Industries for one Street Sweeper. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract for the purchase of one street sweeper to Schwarze Industries via an existing contract with Brevard County, Florida (Bid No. B- 2- 02 -74); and providing an effective date. XI. ORDINANCES: (For Consideration on First Reading) ..-,a. " Waae 261) Ordinance 1, 2004 - Fiscal Year 2003 year -end adjustments An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' Budget for the fiscal year beginning October 1, 2002, and ending September 30, 2003, inclusive; and providing an effective date. q ,V Aspoll CXVJ_ -,b. Page 274) Ordinance 2, 2004 - Fiscal Year 2004 carry forward adjustments An Ordinance of tbq City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' Budget for the fiscal year beginning October 1, 2003, and ending September 30, 2004, inclusive; and providing an 'j/ 110` effective date. .c. (Page 284) Ordinance 4 2004 – Old Palm Golf Club PCD Amendment An Ordinance of t e—City Council of the City of Palm Beach Gardens, Florida amending Ordinance 32, 2002 relating to the Old Palm Golf Club Planned Qas b Community Development to transfer the Master Plan approval and related conditions to a separate resolution; and providing an effective date. Resolution 20, 2004 is a companion item to Ordinance 4, 2004 and will require Council action at second reading. Resolution 20, 2004 – A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving amendments to the Master Development Plan for Old Palm Golf Club Planned Community Development located on the Northwest corner of PGA Boulevard and Central Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, and to modify certain conditions of approval; 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 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 -8770 (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. Nam Addr City: Subjf COMMENTS FROM THE PUBI QUASI-RMHCIAL Y— N— Request to Address City Council RES® Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: Address: City: COMMENTS FROM THE PUBL Request to Address City Council M AVk q 6K(kA) 55 fo Le QUASI-JUDICIAL Y N_ RTES® # ORDINANCE # Subject: L-A�/_e ` o V JP plc' Vk co�V 16 Or pus!< Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBC QUASII- JUDIICIIAL Y —N- Request to Address City Council RES® # Please Print � ORDINANCE # Name: �^-"J �_ N\P . 11 r Address: City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: COMMENTS FROM THE PUBL Request to Address City Council r _u QUASI-JUDICIAL Y_ FAT_ RES® # ORDINANCE # Address: / 9 le- S) - City: Subject: Ve a al '7;,-c E�E r L Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBF-- -QUASI- XDICIAL Y� Request to Address City Council RES® Please Print Name: LOJ ORDINANCE # Address: \J City: I 'lam°' Subject:I G��J� .� -ti��m �: u - Q �% Ls�t�`G�✓ Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBL QUASI-JUDICIAL Y —N- Request to Address City Council RES® # Please Print ORDINANCE # Name: 21� i1` Address: �L J ZL Spy Z4,V City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. S From: Linda Monroe [Lmonroe@co. pal m-beach. fl. us] Sent: Friday, December 12, 2003 3:39 PM To: Eric Jablin Cc: ccisles @hotmail.com Subject: Thoroughfare Plan This e -mail is a request for direction. You will recall that in October 2001, the City Council unanimously approved my request to direct staff to initiate an amendment to the thoroughfare. map to delete a road through The Isles. Several months later I asked Ron Ferris for an update. He did not remember this direction, but reviewed the minutes and found that I was correct. What he told me was that staff had sent the City Council a memo saying they were not proceeding due to the influence of the Divosta Corporation. If I had not asked, I would not have been told that my previously approved request had been stopped. Carolyn Chaplik and I recently met with Hank Skowkowski to discus the proposals for the area west of the Isles, and how they might affect us. Although we are both members of the Board of Directors, we met as individuals. During the discussion, we learned that there may come a time in the near future when it may be appropriate for the westerly extension of Elm Avenue to be deleted from the thoroughfare map. This is where we would like direction from you. We would like our road removed form the thoroughfare map now, but desire to be in the best possible position to once again receive approval of our request for the council to direct staff to begin the process. Should we make this request now, or would it be best for the two to go forward together? Thank you for any assistance you may be able to offer. Linda Monroe 233 - 5321 -day 622 - 8339 -home 1 CITY COUNCIL MEETING 01/15/04 e ti �,1 U1 -12 s , I1 0l r' ' •t,I MODIFICATIONS: The title of Resolution 4,1004 should state Sabal Ridge Cii°cDe, NOT Sabal Ridge Road. The correct ven°sio8n has been added into the agenda and will appear on the 9aptopa Resolution 4, 2004 — Elm Avenue Jurisdiction. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of the jurisdictional roadway transfer agreement to allow for the transfer of Elm Avenue from the Florida Department of Transportation (FDOT) to the City of Palm Beach Gardens, from the Western boundary of Sabal Ridge ROAD should be C ,CLE to the Eastern boundary of SR -809 (Military Trail); providing for transmittal to the Florida Department of Transportation (FDOT); and providing an effective date. �VA, INDI AN TRAIL IMPROVEMENT DISTRICT 1347661 ST Street North West Palm Beach, FL 33412 -1915 Phone 561- 793 -0874 Fax 561 - 793 -3716 January 5, 2004 To All Concerned Parties: In planning for the Scripps Research Institute CampusNillage project that will be coming to Palm Beach County, the Indian Trail Improvement District Board of Supervisors is pleased to announce that Gene R. Schriner, P.E., District Engineer, will serve as the Representative for the Indian Trail Improvement District (The District) regarding the Scripps Research Institute CampusNillage project. The District is aware that a project of this magnitude will affect our area due to the proposed location.' We understand that this is a good project for Palm Beach County and The District wants to be involved in all aspects to ensure a positive outcome for all parties, including its residents. Please contact Mr. Schriner at his Royal Palm Beach office (561) 791 -9280, Extension 0 for any issues regarding the Scripps Research Institute CampusNillage project. We are looking forward to working with you. Thank you for your consideration. Sincerely, ry V-0,� a�� Penn Rireasurer Y Indian Trail Improvement District LAand \03- 1121 \ correspondence \scripps- liason- Itr12- 29.doc Mayor, The paver for Stuart Schwartz has been installed on the Plaza in front of City Hall. It reads: IN HONOR OF FIREFIGHTER STUART SCHWARTZ PALM BEACH GARDENS FIRE RESCUE 1974 -2003. • O flip,, O w 0 •1, I/ "! CS' O J moo 0 c' b n rr. A� a� �Q :I �r- pmod ow �Q �.+ moo OM. OWN Moo 00 Or :0. yC ?' w � am ow a p' '"'• eD Wl w rA `r -4, rA rA rA C D A �• C:w �. ; rA � ow a A o A W ... W o i� zs �p O ■! �. "O P.O. A a O rA A PIP, tD "Cy rA rA O rA P.O. r3" �! eo A ... O C.� ..'- _ � rA UCi• �" A7 � � A Ci. O A� rD rA O A r•n D `C D �• K wi rA A � moo. • O flip,, O w 0 •1, I/ "! CS' O J moo 0 c' b n rr. A� a� �Q :I �r- pmod ow �Q �.+ moo OM. OWN Moo 00 PALM BEACH GARDENS CITY COUNCIL ATTORNEY /CLIENT SESSION AGENDA January 15, 2004 7:00 p.m. (or as soon thereafter as can be heard) Call to Order I. Attorney /Client Session [Fla. Stat. Sec. 286.011(8)] A. Announcement of Commencement of Attorney /Client Session Estimated Time of Session: Y2 hour Persons Attending: Eric Jablin, Mayor Carl Sabatello, Vice Mayor Joe Russo, Councilmember Dave Clark, Councilmember Annie Marie Delgado, Councilmember Ronald Ferris, City Manager Christine P. Tatum, City Attorney E. Lee Worsham, Special Litigation Counsel Susan M. Seigle, Special Litigation Counsel B. Private Attorney /Client Session: City of Palm Beach Gardens v. John D. and Catherine T. MacArthur Foundation, United States District Court Case No. 01- 8538-CIV-Ryskamp. C. Reopen Public Meeting. GAattorney_share\AGENDA SUMMARY \atty- clientsession- macarthur litigation - 1- 15- 04.doc CITY OF PALM BEACH GARDENS PUBLIC NOTICE ATTORNEY / CLIENT SESSION NOTICE IS HEREBY GIVEN THAT THE CITY OF PALM BEACH GARDENS, a Municipal Corporation the State of Florida, will hold a private attorney - client session pursuant to Section 286.011(8), Florida Statutes, to commence during an open meeting on January 15, 2004, at 7:00 p.m., or as soon thereafter as can be heard, at the Municipal Complex Building, 10500 North Military Trail, Palm Beach Gardens, Florida 33410, between the City Council, Christine Tatum, City Attorney, E. Lee Worsham, and Susan M. Seigle, Special Litigation Counsel, and Ronald M. Ferris, City Manager, concerning City of Palm Beach Gardens v. John D. and Catherine T. MacArthur Foundation, et al., United States District Court Case No. 01- 8538 -CIV- Ryskamp. The City's Attorney has advised the City that she desires advice concerning the pending litigation. The subject matter of the attorney - client session shall be confined to settlement negotiations or strategy sessions related to litigation and litigation expenditures with the estimated length of the session to be approximately Y2 hour. Pursuant to Florida law, the entire attorney - client session shall be recorded by a certified court reporter who shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the City Clerk and shall be made part of the public record upon conclusion of the pending litigation. Dated this, day of :TgAy 2004. Patricia Snider, City Clerk Posted: January 15, 2004 Wattorney_share \LEGAL DEPT \adv for atty client session - macarthur litigation - 1- 15- 04.doc a5 60 011 A 11 . of of \� V -7 • ``lf/(� �� CITY OF PALM BEACH GARDENS PUBLIC NOTICE ATTORNEY / CLIENT SESSION NOTICE IS HEREBY GIVEN THAT THE CITY OF PALM BEACH GARDENS, a Municipal Corporation the State of Florida, will hold a private attorney - client session pursuant to Section 286.011(8), Florida Statutes, to commence during an open meeting on Ade e ' 4N)94 at 44-99 -a-az. or as soon as possible thereafter, at the Municipal Complex Building, 10500 North Military Trail, Palm Beach Gardens, Florida 33410, between the City Council, Christine Tatum, City Attorney, E. Lee Worsham, and Susan M. Seigle, Special Litigation Counsel, and Ronald M. Ferris, City Manager, concerning City of Palm Beach Gardens v. John D. and Catherine T. MacArthur Foundation, et. al., United States District Court Case No. 01- 8538- CIV- Ryskamp. The City's Attorney has advised the City that she desires advice concerning the pending litigation. The subject matter of the attorney - client session shall be confined to settlement negotiations or strategy sessions related to litigation and litigation expenditures with the estimated length of the session to be approximately 1J„hour. Pursuant to Florida law, the entire attorney - client session shall be recorded by a certifie court reporter who shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the City Clerk and shall be made part of the public record upon conclusion of the pending litigation. Dated this day of Patricia Snider, City Clerk 'T \ \pbgsfile \Attorney \attorney share \LEGAL DEPT\adv for tty client session- macarthur litigation - 11- 25- 03.doc 1. 2. Mayor: The City Attorney has requested an attorney client seesion to be held at the conclusion of tonight's regular meeting. The purpose of the attorney /client session is to discuss a proposed settlement concerning _City of Palm Beach Gardens v. John D. and Catherine T. MacArthur Foundation, et al. Chris: The attorney negotiations. given. client session will be confined to settlement Reasonable notice of this meeting has been The entire session will be recorded by a certified court reporter, who will record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. The court reporter's notes shall be fully transcribed and filed with the Clerk after the meeting. 3. Mayor: Pursuant to the provisions of Section 286.011(8), Florida Statutes, I am announcing the commencement of an attorney /client session, which is estimated to last one hour. The following persons will attend the meeting: Eric Jablin Carl Sabatello Joe Russo Dave Clark Annie Marie Delgado Christine Tatum, City Attorney Ron Ferris, City Manager Lee Worsham, Special Litigation Counsel Susan Seigle, Special Litigation Counsel After the meeting: 4. Mayor: The attorney /client session is now terminated and the meeting of the City Council is reopened. C-03-A 3, 200 Principal Building Sign Addition NorthCorp PCD City of Palm Beach Gardens Department of Growth Management r 1� 1 1 ct a li I i I r �1 'J it 'ice M6 1 I �- �-, (--� I - t y ta Tlg� I a, ZEE:- L7 C6 ULa v zap IJ Background Continued Approved Elevation w t Existing Elevation • Resolution 43, 2002 —South elevation facade was not built in compliance • Architectural glass feature was replaced with stucco • October 15, 2003 — TCO issued • Notice of Violation Awin w I Z: HIM m:1011e' JT w Permitted Signage Sec. 78 -285 Staff recommends APPROVAL of the requested waiver provided that the applicant change the south elevation fagade to be in compliance with the approved plans and change the design and /or materials of the proposed sign to be "channel letters", in accordance with the City's Design Guidelines. 9 T'.�G'JffJffl�fl rl n Belcan Ir r� 11 Res 0 n 7, 200z pproval of an agreement w Sandalwood Estates iomeowner's Association t vide landscape buffer imps along Burns Road • �ackcirOHnc -folic -iti rn,q j� o 7-f)'] 7J g fi d 8= 011MlbmKomIIII110 /' 1 J � J 71515 wl 4 re Lr.T[OISIG F � -) 7rr r L_ �jrr rJ An oloolm 9r. 9 12:30 PM 4 [aTLa to] 9 9 r, Cl 11P r Df Nr000sed C-4 VI-.iff jef I. -, � J- r-4 �r�rneni , Estates agrees to d f rail M 07 ROE L% rOVIT67M I EMA f *I* * 60 f I ufflrovements aeview and app K= 9 O! J! It i of Palm Beach Gardens :Proposed Street Sweeper Purchase Resolution 10, 2004 Fiscal Year 2003/2004 Fleet Committee Project Goals • Provide New Regenerative Air Schwarze A7000 Street Sweeper *� Provide Street Sweeping services on all publicly maintained streets ( +/- 100 lane miles) r� Sweeper equipped for catch basin cleaning via vacuum assist Project Goals (cont...) Lower debris amounts entering stormwater system from roadways Recommended via NPDES regulations for improving stormwater quality Obtain Qualified Contract Pricing from Existing Bids Via Brevard County Contract No. B- 2 -02 -74 - - . - {-. • ; ti w r, III 1 = A •t 4D p • Q Awalm. dh Summary Purchase 1 Schwarze A7000 Street Sweeper FY 03/04 Budget from Gas Tax equals $150,000 Cost for Sweeper equals $140,395 Operational review is being developed Recommendation Staff recommends approval of Resolution 10, 2004 for the purchase of a Schwarze A7000 Street Sweeper via an existing bid with Brevard County hanks For Your Attention! Do you have any questions? Ordinance 0 -02 -2004 Budget Amendments Fiscal Year 2004 January 1 2004 Summary ■ Carries forward purchase orders and projects from FY 2003 ■ Carries forward uncollected /new grants and contributions ® Records $5,000,000 stormwater bond issue PO's Projects Grants/ Loans Total Summary By Fund General Fund Recreation Impact Police Impact Fire Impact 1,564,036 7,975 9,971 61,323 419,383 387,090 80,000 42,556 5,8271795 200,000 7,811,214 595,065 89,971 103,879 PO's Projects Grants Total Summary By Fund Gas Tax Fund Art Impact Fund Burns Road Fund 142,351 33,780 1,104,144 122,237 2,788 194,681 57,538 322,126 35,568 1,298,825 PO's Projects Grants Total Summary By Fund Golf Course Fund Recreation Fund 5,680 34,109 30,000 34,109 35,680 Staff Recommendation ■ Staff recommends, with concurrence of our auditors, approval of Ordinance 0 -02 -2004, adopting budget revisions for fiscal year 2003/2004 Ordinance 0 -01 -2004 Budget Amendments Fiscal Year 2003 January 15, 2004 Summary • Year -end housekeeping adjustments • Identify significant, not all, variances in revenues and expenditures ■ Review of year -end financial condition Significant Budget Variances — General Fund ■ Increase in Electric Franchise Revenue • Increase in Fire Inspection Fees • Increase in Permit Revenue • Increase in EMS Transport Fees • Increase in Transfers In ■ Increase in Loan Proceeds 296,000 106,000 793,000 178,000 349,550 584,400 Summary By Fund (Subject to Final Audit) Revenue Expenditures Excess Balance 10/1 General Fund $43,997,267 (42)221,499) 1,775,768 9,524,319 Reserved /Designated (3,743,617) Balance 9/30 of Expenditures 7,556,470 18% Summary By Fund (Subject to Final Golf Course Revenue $1)737,067 Expenditures (1,698)548) Excess 38,518 Balance 10/1 (1,241,788) Balance 9/30 $(1,203,270) Audit) Significant Items —Golf Course • Increase in Green Fees $71,000 • Increase in Cart Fees 42,000 • Overall, expenses were down slightly (about $14)000) ■ Required transfer from General Fund was down about $100,000 Staff Recommendation ■ Staff recommends, with concurrence of our auditors, approval of Ordinance 0 -01 -2004, adopting budget revisions for fiscal year 2002/2003 Q City ( rdinance 4, 2004 2esolution 20,r 2004) 'ATSM'n00:.11"�r Np ORESIDENTIAL LOW ORESIDENTIAL MEDIUM OCLUBHOUSE OGOLF AREAS CDSALES UPLAND PRESERVE IA D (, JrJ� Condition # 24 of Ordinance 32, 2002 The applicant shall be ermined to offer up to 55 non- resident golf club m renumber rships with this PCD approval to offset the reducti � the number of homes proposed (320) and of homes approved with the concurrency approval (333). The petitioner, successors, or assigns shall on January first of each year submit an affidavit in recordable form to the Growth Management Department Director confirming that the number of non - resident golf club memberships is within or at the maximum number allowed by this development order (City Attorney). Methodology of 55 non - resident memberships PCD approved for 333 units (concurrency & PCD DO) At the time of PCD approval, developer informed the City that only 320 lots would be included w /in the PCD. To offset reduction in external vehicular trips generated, the developer requested to offer non - resident golf club memberships Based on calculations approved by the City Engineer and the City's Traffic Consultant, the number of surplus eternal vehicular trips resulting from the reduction in the number of units (13) is equivalent to the number of external vehicular generated from 55 non - resident golf club memberships. This produces a ratio of 4.2 on- resident golf club memberships for every u It dwelling unit (55/13 =4.23) Applicant is requesting tha ame methodology be utilized order to offer additional no rresident memberships above 55 previously a pproved by the City Council until such time when the tioASs within the PCD are sold and constructed. in the Maxi Staff requested aV, resident membershi modified condition. - resident me9j,perships ier of non- in the Original PCD approval *375 golf club memberships (320 resident memberships + 55 non - resident memberships). Staff and.applicant�aq number of golf cl,,, ' number that w 88 units = Maximum o converted (375 max mem ers i memberships per un -built dwelli keep the at the same ed. an be .23 unit) elluoms ■ KA [old 111 141: r N [s] WS KSAW61 its RIM r ip ni irrdhp e it i an tuber o non -re he maximum ni 'Citv Attorney) ' ' • Jfrer ' J. r1] rIJJ� J� 11 � �� . � � • • r Fo 'r) J -rg 'r F, r• rTJJS • �\t rig rirrJp vwill rrJpj lJ! fflbb�r gr P-srerrJ;�Jl rrlps �erJer ;Jrecl rr ff) bDth die ;Elf1c] LAP built r�':)Jc,rJrJ�J !J1•JJr� „r��r rl"J�Jr pr- �Jppr v'e by ffie J Cjjty, Th P- fig- i Jeer h;EIS rev j -ej v vP-(1 -dpal -! Jbjprr ;EJTJd h;EiS rig bjecrJDTJ�, r I Eolllrf7ij, I IA D r ��� Proposed modification to PCD buffers result of a South Florida Water Management District (SFWMD) permit modification to the Unit 2A master drainage plans of the North Palm Beach County Improvement District (NPBCID). ,� Three (3) drainage basins being co T Modification will allow Old Palm to prove the City Park and further enhance the d Gardens. i^ -•" cUr • r V The proposed consolidation of the basins requires wide, 1 1/2 foot -tall (average) berm to be constructed within Buffers C. H. and F of the PCD •Il iTi7ii7YNDl: WESTWOO GARDENS �. PARCEL B I1 PAR' � I� C i P RC F1 ARCEL C C PARCEL E - L "-- PARCE lo _ \ , �a W -- — PGA 0OjJLEVARD: .r MAI F C P�1 CE ITY ; A r GOLF ; E 1 ACADEMY \ LEGEND ElEXISTING UPLAND PRESERVE aADDITIONAL PRESERVE (4.0 AC + / -) ■NPBCID NEW 15' BERM EASEMENT LOCATION NOTE: Other minor modifications to upland preserve boundaries less than 5' are not reflected in color due to the scale of this plan. E R 'H' - CEN 0 I 1 t5 i4l, in 11,41 Wit . . i: w1l IM "ll-lifim" 4 - OVED MAINTENANCE FACILI purr ---MM Central Boul wwwr Mr�YYr �r wllt Ms M MM Ml and ROW line 0 Golf Maintenance Facility SUPPLEMENTAL PLANT SCHEDULE f-IfR I-f w�af M� �s MMOl MM Ma Mfr MGM 04M Rfr 1 J MM IM O. M. rw. M R I-I Nvm a�w. r-w R /-9 �MI1�( ti Y r-H R rd yrry wI Mf IY r avg.. dd. r-t R r-r wMa Mf Y/ pd-ft Y O— •EMI r-I R r-r © summ YLO r� R-r R Ir-d �.v (= ir.Ifa.w r= f-IfR I-f V MIMI MME ww." 6, MMM q Uwf PILM Irr -0 . r-9 R f-I # rf Mr Owvrr w r-r R r-! >:I RMO O0. Mr avg.. dd. r-t R r-r wMa Mf Y/ pd-ft I-r R r-V A MM 1MM Mr LOS wY. "R N 00001Ur yw� rw r-r R tr-r Mw! NR r-r wpm= Yw. NR r-/ yO �� r-r R r-r wrO Or r-r R tr-r OWE r-4 11� " R% 1� �l LAW M a" Mf %"ArLv%w =ww.*M MM•OOMMMOORM1M M r I Eolllrf7ij, I r r1J,Ffr �l ' Cf �;f � to buffers tolcco drainage berm requires clearing approximately 2.5 acres of previous y approved preserve areas on site. � To offset loss, applicant has provided approximately 4.0 acres ( + / -) of additional preserve. # Including these adjustments, the PCD maintains � .5 acres of preserve above that required 9 WESTWOOD GARDENS PARCEL B ARCEL C .. _� PARCE F1 1 CEL' , �� PARCEL E \ ' PARCE Ion 1 `P GOLF / ! MAINTENANCE PAfjCE FACILITY /A ;,.GOLF \ \ ^ �CADEMY \ r ULEVARb___ LEGEND L'XISTING UPLAND PRESERVE LADDITIONAL PRESERVE (4.0 AC + / -) LjNPBCID NEW 15' BERM EASEMENT LOCATION NOTE: Other minor modifications to upland preserve boundaries less than 5' are not reflected in color due to the scale of this plan. � ���rr�rr>jJJ1 �r J � rr� > > � - Staff Recommendation =_nds APPROVAL of Ordinance 4, Annexation Issues with North Palm Beach 18 December 2003 History Ll In 2001: City had on -going discussions with North Palm Beach, Juno Beach, & Lake Park on annexation area disputes. Ll November 9, 2001: IPARC Notice for North Palm Beach Annexation Map amendment (NPB 02 -1.1). L7 City did not file a formal objection to IPARC notice due to on -going discussions on the issue. 1-3 November 15, 2001: City Council workshop on possible conflict resolutions. 13 Staff pproposed conflict resolutions in three separate letters to North PalmTach with no response. — November 16, 2001 — December 18, 2001 — December 24, 2001 Ll December 5, 2003: NPB advertised second reading of Comp. Plan amendment to amend Annexation Area Map for December 11, 2003 Village Council Meeting El December 10, 2003: Palm Beach Gardens sent objection letter to Comprehensive Plan amendment Ll December 11, 2003: North Palm Beach adopts Comprehensive Plan amendment r 1! wQ CITY OF PALM BEACH GARDENS 10600 N. MILTARV TRAIL • PALM BEACH GARDENS. FLORIDA 33.110 -4698 t December 10, 2003 i,CSBAME 1:69) & Honorable Mayor and Village Council Members AIL Village of North Palm Beach 501 US #1 North Palm Beach, FL 33408 Via Facsimile and US Mail Re: Comprehensive Plan Amendments 02 -1.1 Dear Honorable Mayor and Council Members: The City of Palm Beach Gardens formally objects to the Village's proposed amendment to its Comprehensive Plan that includes two areas in its annexation area. Specifically, these two areas arc Hidden Key residential subdivision. and south of PGA Boulevard and west of the Intracoastal Waterway, also known as Pirates Cove. The City's position on Pirates Cove is detailed in a letter to then City Manager Dennis Kelly dated Nov.16, 2001. It is important to recognize that this area is bounded by the City to the north and to conf1I'1TT west, with the Intracoastal Waterway to the east. This area will simply square off the City boundaries. ntlal It delivery of It is our understanding that Hidden Key residential subdivision is currently not in the Village's I is through the annexation area, and this amendment will include this area. As detailed in our letter to then County Planning Director Frank Duke dated Dec. 18, 2001, the City is aeh Gardens. willing to not pursue the Lost Tree Village area. However. in our letter to then Village (0111 North Public Service Director Tom Hogarth and dated Dec. 24, 2001, the City expressed its desire to retain Hidden Key residential subdivision only because its sole access is ill pallid through the City's jurisdiction. For your information, the City had not commented on IPARC circulation in Nov, of 2001 since we were inlhc process at the time of engaging a dialogue with Village officials in 1e above an attempt to r&&vc the annexation conflicts. In general, we believe the forgoing of Lost Tree Village area is a fair compromise and makes good planning sense in exchange for Hidden Key and Pirates Cove. However, we had not received any formal communication from the Village on this issue since our last correspondence to you. We understand there has been a significant change in management at the Village. Therefore, we urge you to not take action on this amendment and allow time for both staffs to continue the dialogue in an attempt to resolve these conflicts. Alternatively, the IPARC process could be an avenue to resolve these dif[crences. The City formally objects to these conflicts, will forward its objection to the Florida Department of Community Affairs, and will further pursue any administrative relief to this action. We are very disappointed that our efforts of intcrgovemmental coordination on these issues were not incorporated into your plan amendment. Nor was there any recent courtesy notice of this amendment to the city in light of the known conflicts that exist. If you have any questions, please do not hesitate to contact Growth Management Administrator Charles Wu at 799 -4243. Sincerely, iECtl ;U, Mara Roy NAGER'S OFFICE City Manager EXHIBIT 1 - Existing Figure 3 -18 Future Annexation Areas Map North Palm Beach Planning Area Future Land Use Map Series 2010 Soo ®1500 F[R ® Annexatiou Arca cn.sr.Lrr P— EXHIBIT A -I Future Land Use Map Series Amendment NPBCP Amendment 02 -1.1 Revised FIGURE 3-18 of the YUWe of North Palm Beach Comprehensive Plan FIGURE 3 - 18 FllTURI: ANNI:XA,rION AREAS Nt >rth Palm Leach Planning Area Future Land Use Map Scrics 2010 rt�jl .rl '.W V 'AO PI11 111 aAnnow6in Area O •rL44TiC OCI AM %1. • C=) Iwxi wcK111 n C Rev.: NPBCP Amendment 02 -1.1 til Lond Reseorcn Monogement.inc H/ tM 2411 /u ##ter" "Vi rq1- 0 1"1 FOY, Conflict J Hidden Key: a residential Area development Conflict Area 'r l VI -r roo :4 VI�4nog ..OIL � IP40 r �f J Pirate Cove: a residential development r .�r f1�l Jljl lr r fOr r� r Conflicts i* Staff did not object after 2001 IPACR notice due to on- going negotiations with NPB regarding annexation issues. * NPB did not respond to staff's three letters. City negotiated in good faith. NPB did not provide courtesy notice before transmittal or adoption hearings after two years of initial contact. iJ NPB adopted revised Map despite PBG's objection. i:1 NPB's position is that the conflicts can be resolved during the next EAR round (due October 2005). NPB has stated that they will enter into annexation discussions with the City by February 2004. Staff Actions J Staff attended adoption hearing and objected for the record. � Staff sent letter of objection to Treasure Coast Regional Planning Council (TCRPC). � Staff sent letter of objection to Department of Community Affairs (DCA). iJ Pursue administrative relief. Palm Beach Gardens Annexation Areas . ; IAN Palm Beach Gardens Annexation Areas 11 ,J ■Noll ■■ ■j a ■ IN Eno- R a VP = ■ r, �ma ■■ 0 1 1` NNE ■ UWAII 7 I1 IL M • IS II■11■■■■ 1■■■ I■■■■■■■ ■S■ O M N I Mi 1 ■ ■ ■ ■ ■ ■ ■ ■ ■ S ■ ■ r m m m I , ■ ■ ■ ■ ■ ■ ■ ■ ■ SEEM■■■ S■■ ■1! R ■ ■ ■ ■ ■■■ ■I ■I■■ ■■■ ■ ■ ■ ■! ■ ■ ■■■■'■'■■ ,i I■■ ■Ifr��Gl • I_ III N 1 It 11 ■ A 0 -- AAr■ ■■ ■ ]S[■ ■■■■■ ■ ■ ■ ■ ■ ■ 1 11 ■ ■ ■ ■ ■1 ■ ■ ■ ■ ■I ■11■■ ■M ■ ■ ■ ■ ■■ ■BSI /�.... 11,1 �:. ■■ ■ ■l� ■1 ■ ■ ■■ II LI M■■■■ ■■1■■■■■ ■ & ■ / i 1 15 IS IS IS IS IS ■ pn1 ►1 ■ ■ ■ SEES ■ ■ ■ ►\ ;o■■ ■■■■■■■■■ ■1\■■ - r ■ ■ ■ ■ ■ ■ r ■■■SI■1 IS ISAa ' I T-4 ' • 1- ' �•J lk cow r v�.s rzoad covvvvL1co.'L*t Tze c. re 2 t L o w c2vv,p�s ch2v�,qe order No. 3 gu �v�,s Tzoa G{ Covu,w�,u v�,�t� rzec�- eat�ow �avv�.p�s „ 1 ,� r , ♦ few _ � r r Cdt19'IVft Y � 1 .ns • - �.. _ _ . - • N-- - - _ La�zes/Lde covi..strvct*L"Ow E .f t' ' Change Order No. 3 • Modify accessories in restrooms • Modify Military Trail entrance • Modify SUA raw water line under parking area • Install new grinder pump station and connect to BRCRC sanitary sewer line onsite • Add 45 days to the construction contract Status of Lakeside Construction • Building is 85% complete • Parking area 75% complete • Site work 35% complete • Courts Sports 90% complete Contract completion date March 6, 2004 Staff Recommendation Approval of Change Order No. 3 for construction modifications to the Lakeside Building at the BRCRC Elm Avenue Jurisdictional Transfer Resolution 4, 2004 January 15, 2004 City Council ELM AVENUE � � r • t t• �� , 4.• e1• �' S r 4 . � Purpose An agreement between the City of Palm Beach Gardens and the Florida Department of Transportation (FDOT) to authorize the jurisdictional transfer of Elm Avenue from FDOT to the City of Palm Beach Gardens. The applicable transfer area of Elm Avenue will be from the western boundary of Sabal Ridge Circle to the eastern boundary of Military Trail. Background Sabal Ridge is a residential development located on the west side of Military Trail, approximately 1/2 mile south Hood Road. For a number of years, the Sabal Ridge Condominium Association has been maintaining Elm Avenue despite the fact that the road has been under ownership of the Florida Department of Transportation (FDOT). The community has expressed their desire in acquiring the road under their private ownership. In order to assist in the acquisition of the road, the City has requested a jurisdictional transfer of the road from FDOT to the City of Palm Beach Gardens, so that the road can be eventually transferred back to the Sabal Ridge Condominium Association. After the Resolution is adopted by the City Council, and the agreement is signed, the package will be sent to FDOT district office. The district office will send the package to the Florida Secretary of Transportation�Tallahassee. Upon Secretary Abreu's signature, the road will be off i ill transferred. g c y Sta Staff recommends approval of Resolution 4, 2004. Res 01 On 8, 2004 contract Award to D.S. Eakin nnstrurtion Corporation for P L)ra-inage Improvements (5c Bagggaia and Nazel Avenuel r f1pletea t ;t'p'e ee teu t • 1r • Me� �fJr.rlUfl 19"OBIF 1� r! JTl clingy fi l to r r l lol l io p i .'.1 i IV I ] (AIIIINIII Staff Recommendation oval of Resolution 8, 2004 -award of Vat to D.S. Eakins Construction Corp. xisting contract w /PBC for Stormwater 'm Improvements within Plat 4. t Northlake Corridor :k"l:�1�1rM:��1�I�F:I[: D aJ D m f� } o O K O r II I �V I C- UDI I I u `� UK O N rcrtr ¢ 2 1�45 O .• .. �Z K /z/ . wW z W 5 1 N - - -� > O 11 m CS N K S Z tZ z 5 t Northlake Corridor :k"l:�1�1rM:��1�I�F:I[: Phase I has a $0.5 M grant from MPO in 1998. Bid advertised in Oct. and awarded on Dec. 22. Task Force approved contract with Michael Redd to supervise Phase I work for $11 K Phases I, II, and 87% of III are not in PBG Task Force approved Phase IV to be taken up after Phases I and II are done. Phase II MPO grant application was not approved. Alternate sources not certain. MAP KEY Palm Beach Gardens $ = Construction Cost $ 12 K per year = Maintenance Cost Moneta�r Commitment to Task Force Municipality Revenue NPB $10,000 Lake Park $3,000 PB Gardens $107000 Admin. /Grant Writing Costs FY02 /03 Municipality Revenue NPB $10,000 PB Gardens $10,000 Admin. /Grant Writing Costs FY03 /04 *On Jan. 7, 2004, Lake Park formally withdrew from Task Force. 3 Update on Task Force City is asked to contribute $10,000 yearly for grant/ adminis- trative costs, which may increase since Lake Park has pulled out. Lake Park has contributed $3,000 for last year, but has decided to withdraw from Task Force on Jan. 7, 2004. Lake Park Town Commission directed staff to look into repealing the NBOZ, with formal action to occur early 2004. County has drafted an amended Interlocal Agreement that eliminates Lake Park as a participant to the Task Force. Phase II grant application to MPO not funded; ranked 121h out of 17 applications; future funding uncertain. Grant funding is not a reliable source; MPO Grant emphasizes bike /pedestrian facilities. City's benefit may be very limited since we require all new developments & redevelopments to provide and maintain median & shoulder landscaping in accordance with approved Streetscape Plan. It may take years to see Task Force's results on City's section of 4 Northlake Blvd. C v BILE ..Here o long rignr- turn -only lone or Bike dOUD1e, turn loves Fac'll'it'ic exist. ��r 414.4f Ovrionol ddsnea srr;ve. rNot recOmeended BILE ..Here o long rignr- turn -only lone or 1.2 mIMjti_. dOUD1e, turn loves exist. •It spore is 0�0i1001e. Ornerwi4! all delineation LAK shOUld De Movved or this DoiM. WE RIGHT - TURN -ONLY LANE TRAVEL OWES 5' MIM Y ROADWAY BICYCLE LANE1 HORQ. IONS WAYI I CLEAR i I Grass Shoulder a) Curbed Street without Parking e L' Motor Vehicle Lanes Lane b) Curbed Street with Parking ( min.) 2i ke Lane Parking (min.) Motor Vehicle Lanes (min.) Pat kin° Bike Bilk_ Lane Lane c) Roadway without Curb or Gutter fmin.) - (min.j Bile, Motor Vehicle Lanes Bike Lane Lane FDOT Bicycle Lorne Width Requirements Crass Shoulder TEA -21 MPO Grant Projects 1. South Bay /SFWMD 2. Boynton Bch. 3. Greenacres 4. Jupiter 5. Boca Raton 12. North Palm Bch. LOST Southern Gateway C -16 Canal Pathway Bike /Ped Schools Conn. Riverwalk, Phase 3 SW 18th St. Bike Lanes Northlake Blvd. Beau. $500,000 $500,000 $174,283 $500,000 $500,000 $500,000 Staff Recommends City's Withdrawal from Task Force The Task Force's work of putting together the Overlay Zone and approving a Streetscape Plan is complete. City is enforcing the Streetscape Plan by its own regulations. City is enforcing the Overlay Zone. There is no dependable funding source for future phases of Streetscape Plan. City is asked for annual contribution of $10,000 per year with no direct tangible results. It may take years to see Task Force's results on City's section of Northlake Blvd. 7 Joint Planning Agreement Agreement between City and County is to allow City take over the planning, zoning, building and code enforcement activities of 17 parcels in county pocket Agreement is similar to one done in Jupiter along Indiantown Road 8/02 North Palm Beach approved its Joint Planning Agreement with County County is awaiting City's direction to proceed with both agreements Upon approval, Palm Beach County would amend its Comp. Plan and Zoning Map to DELETE designations Palm Beach Gardens would do same to INCLUDE designations Issuance of Occupational License remain with County 4 Ps ' � �" � +11�►ii\1ti��s a ASS \�ws� T�1 kis a�R i•- �.t Pros PBG has control over implementation of NBOZ b/w Burma and Military PBG has more resources for code enforcement PBG will be in better position for the conditions of those properties when they eventually annex Upon annexation, tax benefit estimated at $163,000 Id Cons PBG reaps tax benefit no property No guarantee properties would annex ire Interlocal Agreement Background 10/96 North Palm Beach &Lark Park used Twin City Mall Task Force as model and invited PBG and County: genesis for Northlake Blvd. Task Force 8/97 PBG entered into Interlocal Agreement with North Palm Beach, Lake Park and Palm Beach County (extended twice to 9/05) "for the purposes of evaluating and recommending a plan for improvement, enhancement, renovation and /or redevelopment of the Corridor . . ." Northlake Blvd. Corridor Task Force comprises one elected official and one staff member from each jurisdiction for total 8 regular & 8 alternate members PBG members are Councilmember Delgado and Growth Management Administrator Charles Wu 11 Interlocal Agreement Background 10/96 North Palm Beach &Lark Park used Twin City Mall Task Force as model and invited PBG and County: genesis for Northlake Blvd. Task Force 8/97 PBG entered into Interlocal Agreement with North Palm Beach, Lake Park and Palm Beach County (extended twice to 9/05) "for the purposes of evaluating and recommending a plan for improvement, enhancement, renovation and /or redevelopment of the Corridor . . ." Northlake Blvd. Corridor Task Force comprises one elected official and one staff member from each jurisdiction for total 8 regular & 8 alternate members PBG members are Councilmember Delgado and Growth Management Administrator Charles Wu 12 Conceptual Streetscape Plan and Overlay Zone 5/13/98 Redd & Asso. selected as consultant for Task Force 7/1/99 PBG approves Conceptual Streetscape Plan 2000 Redd & Asso. started drafting Northlake Overlay Regulations NPB was designated to administer Project 1/2003 Northlake Blvd. Overlay Zone adopted by all jurisdictions City Revenue Lake Park $41,000.00 North Palm Beach $41,000.00 PB Gardens $41,000.00 Interest $8,780.57 Total r$131)780.57 6/00 - 5/02 Period Expenditure Redd & Asso. $123,900.00 Balance $7,880.57 13 Streetscape &Construction Drawings 2/25/01 City and PBC approve agreement that City administers construction drawings contract with Redd (extended twice to 9/03) City is reimbursed by PBC discretionary funds as City pays consultant Total contract amount not to exceed $288,585 2/03 Redd completes construction drawings Contract Amount $288,585.00 City Payments to Michael Redd $288,584.47 PBC reimbursed City $288,584.50 Billing Status with Redd & Asso. from 6/01 to Present 14 Options Option 1 Option 3 Contribute $ l OK yearly or as necessary Install all infrastructure work Phase Plan from East to West Landscaping installed individually Update Interlocal Agreement Withdraw from Interlocal Agreement Option 2 (Staff s Recommendation) Option 4 Contribute $1 OK yearly or as necessary Withdraw from Interlocal Agreement Change Phasing to 1, 6, 2, 5, 3, 4 Update Interlocal Agreement 15 i $ 476 K 5 LU ° Q O 0) 0 ° ° O UC � w j SHEET 1 C4lFFT '] F-� Q J m CHFFT 7 f �C SHEET 9 C $359K 6 .�nFFi � � w ° LU W $359K 6 FIN Qi oncci o � V ncci a LU L ft U J Q� Q LV Z CO J O U $ 746 K 4 MAP KEY Palm Beach Gardens $ = Construction Cost $ 12 K per year = Maintenance Cost .�nFFi � JFittl 4 ° LU Q Z Z D 0 FIN Qi oncci o � V ncci a LU L ft U J Q� Q LV Z CO J O U $ 746 K 4 MAP KEY Palm Beach Gardens $ = Construction Cost $ 12 K per year = Maintenance Cost i A November 20, 2003 Mr. Jeffrey D. Renault, P.E. LBFH, Inc. 2090 Palm Beach Lakes Boulevard, Suite 600 West Palm Beach, Florida 33409 Dear Mr. Renault: 0 CORAL -TECH ASSOCIATES, INC. CONSTRUCTION AND CONSULTING SERVICES fi• ' RE: Improvements to Burns Road Community Recreation Campus City of Palm Beach Gardens CTA FILE NO: 0305 -16 t Enclosed are four (4) executed copies of Change Order No. 3 for the referenced project. We are proceeding with procuring the materials required for this work and are preparing to start the work so as not to delay the completion of the project. The lift station and control panel delivery is four to eight weeks out. Please return one fully executed copy for our records. Very truly yours, CORAL -TECH ASSOCIATES, IN DIANE GOODMAN Project Manager Enclosures cc: John J. Yanoviak, CCE bumsrd_Ibfh.1120.co3 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS, FLORIDA 33065 954 - 753 -7252 FAK 954- 341 -7116 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 15, 2004 Meeting Date: January 15, 2004 Subject/Agenda Item: Joint planning with Palm Beach County for The Scripps Research Institute and related development Discussion Item: A proposal to enter into an Interlocal Agreement with Palm Beach County related to planning, review, and approval of The Scripps Research Institute and related development. [X] Recommend approval to proceed with negotiating an Interlocal Agreement with Palm Beach County consistent with staffs recommendation [ ] Recommend denial Reviewed by: Originating Dept.: FINANCE: City Council Action: Growth Management: Principal Planner Talal Benothman, AICP Costs: $ N/A [ ] Approved Project u/ Manager Total [ ]App. w/ conditions City Attorney [ ] Denied Christine Tatum, Natalie Wong $ N/A [ ] Rec. approval Senior Planner Current FY [ ] Rec. app, w/ coeds. Development Compliance [ ] Rec. Denial Funding Source: [ ] Continued to: N/A Attachments: Bahareh Keshavarz, AICP Advertised: [ ]Operating • Letter dated 01/12/04 Growt ag ment Date: Paper: • Letter dated 01/14/04 Direct r [X] Other N/A Charles K. Wu, AICP [X] Not Required Approved By: Budget Acct. #: ed parties: NA ity ana [ ]Notified R ald . Ferris [X] Not Required Date Prepared: January 15, 2004 Meeting Date: January 15, 2004 Page 2 BACKGROUND On January 13, 2004, the Board of County Commissioners unanimously authorized the County to enter into a Joint Planning Agreement (JPA) with the City of Palm Beach Gardens regarding the development of The Scripps Research Institute. A letter was received by the City on January 14, 2004, which outlined some of the elements that the County proposes to consider within the agreement. The elements are as follows: 1. Planning and establishment of compatible and complimentary land uses in the region; 2. Optimization and coordination of infrastructure provision, including drainage, positive outfall and roadways; 3. Coordination of location of civic and institutional facilities, such as library and schools; 4. Long -term planning of water - related issues to ensure the preservation and enhancement of key natural features and the environmental resources of Northern Palm Beach County; 5. Maximization of recreational opportunities for the benefit of the general public; and 6. Promotion of effective intergovernmental coordination. STAFF RECOMMENDATION Staff supports the City entering into an Interlocal Agreement with Palm Beach County in order to plan, review, approve, and develop The Scripps Research Institute and related development with the following essential elements to be included within the agreement: 1. The development on the Mecca and Vavrus properties will be planned, reviewed, and approved as one (1) area -wide Development of Regional Impact (DRI); 2. If the County declines to participate in one area -wide DRI, then the County will provide legally binding assurances to the City that a traffic concurrency exemption will be provided for the development within a DRI on the Vavrus property; 3. The County and the City will support the extension of PGA Boulevard and the comprehensive plan amendments necessary to provide for such extension; and 4. The County will agree to a schedule for the early annexation of Mecca Farms into the City of Palm Beach Gardens. 7,` CITY OF PALM REACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 January 12, 2004 The Honorable Karen T. Marcus Palm Beach County Commissioner 301 North Olive Street, 12th Floor West Palm Beach, FL 33401 Dear Commissioner Marcus: Thank you for meeting with me and representatives of the City of Palm Beach Gardens on January 9, 2004, regarding The Scripps Research Institute project. This is, truly, a once -in- a- generation opportunity for our community, and I am grateful that you have offered, on behalf of Palm Beach County, to partner with the City of Palm Beach Gardens in the planning of the research park. It is our hope that through joint planning we will be able to optimize the economic impact by making provisions to capture the entire biotech cluster that is associated with The Scripps Research Institute, as well as preserve the character of the surrounding community. Furthermore, the City understands that the State of Florida has allocated monies to The Scripps Research Institute based on job creation which can only be accomplished by attracting the entire biotech cluster. It is my belief that one area -wide DRI, which will take a global look at the implications provided by having the world- renowned Scripps Research Institute in our community, is the most effective and efficient planning mechanism at our disposal. During our meeting this past Friday, you voiced your concern that to include the property within the City of Palm Beach Gardens in a single area -wide DRI that would include both the Mecca site and the adjacent Vavrus property would slow down the process and delay The Scripps Research Institute from occupying their building. We, however, believe that the Preliminary Development Agreement provisions of Chapter 380 used in conjunction with the expedited process envisioned by Section 403.973, Florida Statutes, will allow the opportunity for approval of the Scripps building while the City and the County jointly process a single area wide DRI that will ensure that a science village is developed, thereby optimizing the County's and State's return on investment. The Honorable Karen T. Marcus January 12, 2004 Page 2 of 2 I believe that the state -of- the -art biomedical research and technology facility is an integral component of what will eventually evolve into a much larger project. To plan and design the research component separately would be to miss an opportunity for a world -class economic development center, with related industry centers, a significant housing component, as well as commercial development to support those who will work and live in the larger area. I believe a true joint planning process between the City and the County is essential to achieving the goals established by the Governor and the legislature. The City staff is preparing a formal resolution for City Council consideration requesting a cooperative planning effort between the City and the County through an amended MOA for one area -wide DRI for the entire project. I hope that we can count on your support in moving forward with a truly innovative joint planning opportunity. c: Governor Jeb Bush Senator Jeff Atwater Senator Ron Klein Board of Palm Beach County Commissioners City of Palm Beach Gardens Council Members The Scripps Research Institute Business Development Board of Palm Beach County Executive Committee The Palm Beach Post \\ pbgsfile\Attorney\attorney_share \CORRESPONDENCE \Marcus Letter Gean.doc Bbard of County Commissioners Karen T Marcus, Chair Tony Masilotti, Vice Chairman Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson Addie L. Greene January 14, 2004 Honorable Eric Jablin, Mayor City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 County Administrator Robert Weisman Dear Mayor �a li At yesterday's Board of County Commission meeting my Board unanimously authorized entering into a Joint Planning Agreement with your city in the development of the Scripps Research Institute. Our hope is that you will be able to discuss the Joint Planning Agreement with your council at your January 15, 2004 meeting and that your council will agree to enter into an agreement so that both the city and the county can plan this great project together. Enclosed is a copy of a letter from the County to Charles Wu outlining the major points of the JPA. A coordinated effort on both our parts will lay the groundwork toward the formation of an outstanding development that we all can be proud of in Palm Beach County. Sincerely, Kar T. Marcus, Chair Board of County Commissioners KTM /pw Enclosure Cc: Board of County Commissioners City Council Members Robert Weisman, County Aministrator Verdenia Baker, Deputy County Administrator Denise Neiman, County Attorney Bevin Beaudet, Scripps Project Manager Barbara Alterman, Exe. Dir., PUB "An Equal Opportunity Affirmative Action Employer" P.O. Box 1989 West Palm Beach, FL 33402.1989 (561) 355.2001 FAX: (561) 355 -3990 printed on recycled paper www.pbcgov.com AJOE ORI�� prinrod on recycled paper January 13, 2004 Department of Planning, Zoning & Building v 100 Australian Avenue Charles Wu, Growth Management Director West Palm Beach, 33406 City of Palm Beach Gardens (561) 233 -5000 City Hall, 10500 North Military Trail Planning Division 233 -5300 Palm Beach Gardens, Florida 33410 Zoning Division 233 -5200 = Building Division 233 -5100 Dear Charles: Code Enforcement 233 -5500 Contractors Certification 233 -5525 This letter outlines the main talking points, which should be Administration Office 233 -5005 discussed as part of the collaborative coordination of the Executive Office 233 -5003 planning and development of the Scripps Research Institute in www.pbcgov.com /pzb northern Palm Beach County. A Joint Planning Agreement between Palm Beach County and Palm Beach Gardens governed by Section 163.01, Florida Statutes, would be the instrument by which such coordination would be institutionalized. It s anticipated that the Palm Beach County implementation of this agreement could lead to the formulation Board of County Commissioners of a Master Plan, for the Mecca site in Palm Beach County and the Vavrus property and its environs in Palm Beach Gardens, in Karen T. Marcus. Chair order to ensure both, their efficient and orderly development, Tony Masilotti. Vice Chairman and enhance intergovernmental coordination between the two Jeff Koons parties. Warren H. Newell Following are the elements that we propose to be considered. Mary McCarty 1. Planning and establishment of compatible and Burt Aaronson complimentary land uses in the region; Addie L. Greene 2. Optimization and coordination of infrastructure provision, including drainage, positive outfall and roadways; 3. Coordination of location of civic and institutional County Administrator facilities, such as library and schools. 4. Long term planning of water related issues to ensure Robert % eisman the preservation and Enhancement of key natural features and the environmental resources of Northern Palm Beach County; 5. Maximization of recreational opportunities for the -An Equalopporrvniry benefit of the general public; Affirmative Acrion Employer' prinrod on recycled paper r , 6. Promotion of effective intergovernmental coordination. I hope the above list will aid in the discussion by the City Commission toward the formulation of a Joint Planning Agreement. This would enable Palm Beach County and the City of Palm Beach Gardens to lay the framework of good long term planning for the biomedical research and technology development in Northern Palm Beach County. On January 13th, the Board of County Commissioners discussed the need for joint planning and voted to begin discussions and to request Palm Beach Gardens to also agree to consider entering into discussions leading to the execution of a Joint Planning Agreement. Please let me know if I can be of any assistance. Sin ely, Barbara Alterman, Esq. Executive Director ba:041etter2 c: Board of County Commissioners Verdenia Baker, Deputy County Administrator Bevin Beaudet, Scripps Project Manager Ron Ferris, PBG City Manager Bob Banks, Assistant County Attorney Lorenzo Aghemo, Planning Director