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HomeMy WebLinkAboutAgenda Council Agenda 040600REVISED All those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING APRIL 6, 2000 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilman David Clark, Councilwoman Lauren Furtado and Councilman Carl Sabatello. III. ANNOUNCEMENTS: IV. PRESENTATIONS: V. CITY MANAGER REPORT: 1. Construction Manager Report 2. Public Information Officer Report 3. Growth Management Report VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VII. CONSENT AGENDA: 1. Approval of Minutes from 3/16/00 City Council Regular Meeting 2. Awarding of Bid for Refurbishment of Medic Truck 3. Awarding of Bid for Purchase of a Service Truck for Public Works 4. Consideration of Approval of Special Event Application for Shriner's Circus 5. Resolution 24, 2000 — Consideration of Approval of Abandonment of Easement at NorthCorp 6. Resolution 31, 2000 — Consideration to Release a Development Agreement at NorthCorp PCD 7. Resolution 34, 2000 — Consideration to Approve the Plat of Marina Gardens VIII. PUBLIC HEARINGS: 1. Ordinance 4, 2000 - Providing for Site Plan Approval for San Michele, Parcel 4.08(Advertised Public Hearing; Continued from Regular Meetings 3/2/00 and 3/16/00; Consideration of Second Reading and Adoption; Consideration to Postpone) 2. Ordinance 6, 2000 - Gardens Corporate Center Phase 2 (Advertised Public Hearing; Continued from Regular Meetings of 3/2/00 and 3/16/00; Consideration of Second Reading and Adoption) 3. Ordinance 7, 2000 - Fairwinds at BallenIsles Entry Gate for Parcels 8A, 8B and 10. (Advertised Public Hearing; Continued from Regular Meeting of 3/2/00; Consideration of Second Reading and Adoption; Consideration to Continue to the May 4, 2000 Regular City Council Meeting) 4. Ordinance 8, 2000 - Providing for Amendment to the Golf Digest PCD. (Advertised Public Hearing; Continued from the 3/16/00 Regular Meeting; Consideration of Second Reading and Adoption; Consideration to Postpone) 5. Resolution 16, 2000 - The Towers Signage Waivers. (Advertised Public Hearing; Continued from Regular Meeting of 3/2/00; Consideration to Continue to the May 4, 2000 Regular City Council Meeting) 6. Resolution 27, 2000 - Consideration of Approval for a Sign Variance for NorthMil Plaza. (Public Hearing) 7. Ordinance 11, 2000 - Providing for Amendment to Fire Pension Fund (Advertised Public Hearing; Consideration of Second Reading and Adoption) IX. RESOLUTIONS: 1. Resolution 10, 2000 - Consideration of Approval of Appointments to the Charter Review Committee. 2. Resolution 25, 2000 - Consideration of Approval of an NOPC for the Regional Center DRI to Amend the Commercial Square Footage for the Regional Center PCD. 3. Resolution 26, 2000 - Consideration of Approval of Site Plan for Parcels 27.05 and 27.06 (part of Regional Center DRI located along PGA Boulevard north of PBCC). 4. Resolution 28, 2000 — Consideration of Approval of an Interlocal Agreement for the North County Park Site. 5. Resolution 30, 2000 - Consideration of Approval of Site Plan for Lot 2A (design center on RCA Blvd. East of Hampton Inn in Northcorp) X. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 10, 2000 - Providing for an Amendment to the DoubleTree PUD. (Consideration of First Reading) 2. Ordinance 13, 2000 - Providing for Rezoning of Former Enclave at Northlake and Military Trail. (Consideration of First Reading) XI. ITEMS FOR COUNCIL ACTION: XII. ITEMS FOR DISCUSSION: XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL: XIV. CITY ATTORNEY REPORT XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact Human Resources, no later than 5 days prior to the proceeding at telephone number (561) 775 -8250 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City of Palm Beach Gardens Council Agenda April 6, 2000 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello City of C PUBLIC INFORMATION gardens I ♦ Media coverage (print): ► Monthly PGA C.A.N. article ► Additional C.A.N. article: Vision Document Excerpt ► Council election of Mayor, Vice Mayor and Pro Tem (Courier) ► Site Plan Considerations for two projects (Courier) ► Hood Road (two articles — Courier) ► Drainage (PB Post) ► Drainage Editorial (PB Post) ► FEC RR Crossing (PB Neighborhood Post) ► Drop in Crime Statistics (Courier) ► Police Department Awards (Courier) ► Distinguished Law Officers of the Year 1999 (PB Post) ♦ Media Coverage (broadcast): ► Channel 25 Report on the Census (zip code issue) ► Channel 12 Report on Development ♦ City Web site Update: ► Development of Web site in progress and will be completed by April. ► Official Web site address: ci.palm- beach - gardens.fl.us ► City Council Agenda, forms to address Council, Council names and emails currently available on the Web site. ► Coordinating with NPB Chamber of Commerce for simultaneous update of certain pages of the Web site. ♦ Option for Council Schedule: Internet Calendar Password - protected Calendar available for maintaining schedules ♦ Buy Into the Gardens: ► Total sales to date: $18,385 ► Begun memorial bench fund for Stan Redick ♦ Misc.Issues: ► Public Information Specialist began March 1, 2000 ► Policy for Use of City Rooms: in progress ► Coordinated North County Economic Advisory Board meeting ► Attended NPB Chamber of Commerce Governmental Concerns meeting CITIZEN SERVICES ♦ Complaints/Requests for Se a nth of March 2000: 50 ♦ Processed an additional 140 pleted by the Public Works Department ♦ Communication/Notification to s: ► Sent letters to residents regarding tree replacement along Lighthouse Drive. ► On -site visit, with City Engineer, to resolve drainage /development issue along Prosperity Oak Court. ► Sent 22 letters to HOAs for database updates following annual HOA meetings. ► Letters to all residents who spoke to City Council during March Council meetings. NEIGHBORHOOD MEETINGS ♦ Sent 550 invitations to the April 18, 2000 Neighborhood Program meeting. ♦ Held meeting with residents to present landscape plan for Riverside Drive, along Thompson Canal. GARDENS NEIGHBORHOOD ASSOCIATION ♦ GNA chose winning design for Tee Shirt contest, awarded prize ♦ All entries to be displayed in lobby at future Council meeting ♦ Continuing progress on City History Project ► Select items to be displayed in glass - enclosed coffee tables in lobby ► Remaining items to be housed in supply room No. Select pictures to be displayed in hallway of 2 "d floor ♦ GNA currently in planning process for new projects: ► coordinating with Church of the Nazarene for refurbishing street planters in sections of the City's first neighborhoods ► Entry way sign feature for one neighborhood per year ► Outreach to businesses (business- sponsored neighborhood projects) SPECIAL EVENTS ♦ Special Event Permits pro ♦ Upcoming Special Events: ► Hallmark Kaleidoscop ) — through April 14, 2000 00. PBG Elementary PTA Ca °u pril 7, 2000 ► 8t' Annual Art on the Square (Oakbrook Square) — April 8 -9, 2000 ► PBG High School Project Graduation Flea Market — April 8, 2000 ► Style Ventures "Skate the Sunshine State" — April 12, 2000 ► PGA Seniors' Championship — April 10 -16, 2000 ► Shriner's Circus — April 19 -23, 2000 ► American Cancer Relay for Life — April 25, 2000 VOLUNTEER PROGRAM ♦ Volunteer Fair held at Burns Road Community Center (recruitment effort) ♦ Current volunteer hourly rate as established by the nation Point of Light Foundation: $14.30. ♦ Total savings for the month of March: $1,522.28 (Note: 63.5 of those hours were calculated at only $5.00 per hours since they were community service hours as opposed to volunteer hours. • Forwarded seven additional volunteer applications to departments for interviews. EMPLOYEE COMMUNICATIONS ♦ Conducted Phone Etiquette Training for employees ♦ Published employee monthly newsletter, City Hall Gazette ♦ Held thank -you luncheon for Public Works staff for coordinating the move to the new complex ♦ Presented welcome to new employees from the City Manager's office during monthly Employee Orientation. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING MARCH 16, 2000 The March 16, 2000, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman David Clark, Councilman Eric Jablin, and Councilman Carl Sabatello. REORGANIZATION Vice Mayor Furtado made a motion to appoint Councilman Clark as Temporary Chairman to Elect Mayor and Vice Mayor. Councilman Sabatello seconded the motion, which carried by unanimous 5 -0 vote. Councilman Jablin nominated Joe Russo as Mayor for the year 2000. Lauren Furtado seconded the motion. Motion carried by unanimous 5 -0 vote. Councilman Sabatello nominated Lauren Furtado as Vice Mayor. Joe Russo seconded the motion. Discussion ensued. Temporary Chairman Clark stepped down and nominated Eric Jablin as Vice Mayor. Lauren Furtado seconded the motion. Discussion ensued. Councilman Sabatello withdrew his motion to nominate Lauren Furtado as Vice Mayor and Joe Russo withdrew his motion to nominate Lauren Furtado as Vice Mayor. Motion carried by unanimous 5 -0 vote. Councilmember Furtado made a motion to nominate Carl Sabatello as Chairman Pro Tem. Eric Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 22, 2000 Eric Jablin made a motion to approve Resolution 22, 2000 with the following names in Section One: Vice Mayor Joe Russo, Mayor; Eric Jablin, Vice Mayor, and Carl Sabatello, Mayor Pro Tem. Joe Russo seconded the motion, which carried by unanimous 5 -0. CITY COUNCIL REGULAR MEETING, 3/16/2000 2 Mayor Russo thanked the members of the City Council for their confidence, and reviewed events of the past year. REORDER AGENDA Councilwoman Furtado made a motion to re -order the agenda to place Appointment of Council Liaisons to Advisory Boards /Committees /Organizations as number two under Items for Discussion and to place Ordinance 8, 2000, Golf Digest Property, back on the agenda under Item 5 for Public Hearings. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. PRESENTATIONS Swearing In of New Police Officers Police Chief FitzGerald provided a brief background for three new Police Officers, Monica Miller, Andrea Vannatta, and Josete Mathius, and then conducted swearing in of the three officers. CITY MANAGER REPORT Construction Manager Report Construction Manager Casto reported the annex was being dismantled, asbestos abatement was being conducted on the old building; and that items that needed to be done were bringing back the mail kiosk, and a proposal to re -do the entire roadway at the entranceway to Burns Road. The air conditioning noise and sound system were discussed. The Construction Manager received direction to do the mail kiosk and roadway projects and to bring a change order to the next meeting. Census Update Principal Planner Kim Glas Castro presented an update for the census and explained how the postal bar code identified areas. Transportation Study Growth Management Director Roxanne Manning provided an update regarding the transportation task force activities: a consultant had been hired, a time schedule had been developed in February which required all new developments to submit a new traffic study to Palm Beach County, and recommendations to the City Council were anticipated within a month. Municipal Complex Landscaping City Forester Mark Hendrickson provided an update on the landscaping for the municipal complex and gave an anticipated date of June to have all the landscaping completed. CITY COUNCIL REGULAR MEETING, 3/16/2000 3 Proposed Development Order Conditions for Drainage City Engineer Lindahl reported that at the last regular meeting proposed development order conditions for drainage had been presented, and Mr. Skokowski, representing San Michele, had requested an opportunity to review the language. The City Engineer stated that no alternative language had yet been presented, and consideration of San Michele was to be continued. AWARDING OF BIDS Motorcycle Purchase Councilwoman Furtado made a motion to approve the staff recommendation to award the bid to Ft. Lauderdale Harley - Davidson, in the amount of $26,900.00 to purchase two Harley Davidson motorcycles for the Police Department. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Rotary Deck Mower Councilwoman Furtado made a motion to approve the staff recommendation to award the bid to Kilpatrick Turf Equipment of Boynton Beach, Florida, acting as an authorized distributor of Tresca Industries, Inc., of Orlando, Florida, in the amount of $17,037 by piggybacking the State of Florida's Department of Management Services contract number 515- 630 -99 -1 to purchase a 72" rotary mulching deck. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. COMMENTS FROM THE PUBLIC Sam Carsillo Resident Sam Carsillo commented the new chairs were too straight and stiff backed. Mr. Carsillo reported he had received answers on his last five grievances. Mr. Carsillo commented there should be gates at railroad crossings and it was unacceptable that train whistles were stopped at night, and this election year was the time to try to get the whistles stopped from 10 p.m. to 6 a.m. Mayor Russo requested that the City Manager contact Congressman Foley regarding this situation Mr. Carsillo recommended more policemen be hired, and unmarked cars be used on Military Trail to control speeders. Mr. Carsillo recommended the developers pay for 90% of the new fire stations. Mayor Russo reported WCI properties was dedicated eight acres for a station and helping fund the first year, and the developers were paying impact fees for police and fire services. Mr. Carsillo commented he was glad Mayor Russo had brought his son to the meeting. CITY COUNCIL REGULAR MEETING, 3/16/2000 4 John Hanen John Hanen, 86 Dunbar Road East, in Marlwood Estates, reported FPL was going to erect a new substation new his neighborhood and asked the City Council to contact FPL to get the substation moved to an area without homes. Growth Management Director Roxanne Manning reported staff had met with FPL regarding this issue and would continue their efforts. CONSENT AGENDA Councilwoman Furtado moved approval of the Consent Agenda. Councilman Clark seconded the motion. Motion carried 5 -0. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 3/2/00 City Council Regular Meeting. 2. Resolution 23, 2000 - Consideration of Approval of Gardens Presbyterian Church Plat PUBLIC HEARINGS Ordinance 4, 2000 Mayor Russo declared the public hearing open, held on the intent of Ordinance 4, 2000 - San Michele, Parcel 4.08. duly advertised 2/17/2000, continued from the 3/2/2000 regular meeting, for consideration of Second Reading and adoption. There were no comments from the public. Councilwoman Furtado made a motion to continue the Public Hearing for Ordinance 4, 2000 to April 6, 2000. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 5, 2000 Mayor Russo declared the public hearing open, held on the intent of Ordinance 5, 2000 - Providing for Approval for an Amendment and Expansion of a Previously Approved PUD known as Marina Gardens (Lot 8) for Consideration of Second Reading. Henry Skokowski, agent for the petitioner, spoke on behalf of the petitioner. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Chair Jablin made a motion to approve Ordinance 5, 2000 on Second Reading by title only. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 5, 2000 on Second Reading by title only. Ordinance 6, 2000 Mayor Russo declared the public hearing open, held on the intent of Ordinance 6, 2000 - Gardens Corporate Center Phase 2, duly advertised 2/17/00, continued from the 3/2/00 regular meeting, for consideration of Second Reading and adoption. There were no CITY COUNCIL REGULAR MEETING, 3/16/2000 comments from the public. 5 Councilman Clark made a motion to continue the Public Hearing for Ordinance 6, 2000 to April 6, 2000. Vice Chair Jablin seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 9, 2000 Mayor Russo declared the public hearing open, held on the intent of Ordinance 9, 2000 - Providing for Amendment to the Code of Ordinances to Provide for Term Limits for Planning and Zoning Commission Members, for consideration of Second Reading. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 9, 2000 on Second Reading by title only. Vice Chair Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 9, 2000 on Second Reading by title only. Ordinance 8, 2000 Mayor Russo declared the public hearing open, held on the intent of Ordinance 8, 2000 - Golf Digest. There were no comments from the public. Councilman Clark made a motion to continue the Public Hearing for Ordinance 8, 2000 to April 6, 2000. Vice Chair Jablin seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS Resolution 10, 2000 Following discussion of possible candidates for Resolution 10, 2000 - Consideration of Approval of Appointments to the Charter Review Committee, it was the consensus of the City Council to delay consideration of Resolution 10, 2000 to the April 6, 2000 regular meeting. Resolution 20, 2000 Councilman Clark made a motion to approve Resolution 20, 2000 - Consideration of Approval of a Waiver from Residential Component - Comprehensive Plan Mixed Use Criteria: Parcel 5B. Vice Chair Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 21, 2000 Vice Mayor Jablin stepped down due to conflict of interest. Principal Planner Jim Norquest presented the project for Resolution 21, 1000 - Consideration of Approval of a Site Plan for NorthCorp Lot 12, South Park Center Delicatessen. Henry Skokowski, agent for the CITY COUNCIL REGULAR MEETING, 3/16/2000 0 petitioner, spoke on behalf of the petitioner. Councilman Sabatello requested addition of a mid -story landscape plant. Councilwoman Furtado made a motion to approve Resolution 21, 2000. Councilman Clark seconded the motion which carried by unanimous 4 -0 vote. ORDINANCES Ordinance 11, 2000 Councilman Clark made a motion to place Ordinance 11, 2000 - Providing for an Amendment to the Firefighters Retirement Pension Fund on First Reading by title only. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 11, 2000 on First Reading by title only. ITEMS FOR DISCUSSION City Manager Goals and Objectives The City Manager reported he had not received any goals but had received direction from some members of the Council, and announced he would be presenting a strategic plan the next month. Consensus was to link the goals to the strategic plan. Appointment of Council Liaisons to Advisory Boards/ Committees /Organizations This item was delayed to the next meeting. ITEMS AND REPORTS BY MAYOR AND COUNCIL Councilwoman Furtado Councilwoman Furtado requested a letter from the City Council regarding the synchronization of traffic lights on Northlake Boulevard. Councilwoman Furtado suggested renovation of Fire Station 16 and a report on this matter was requested. Councilwoman Furtado recommended reactivating the intralocal agreement with Palm Beach County regarding Burns Road in order to receive impact fees for the road widening. Councilwoman Furtado provided information on the procedure for obtaining matching funds for bus shelters; and reported construction for two extra lanes going into the Okeechobee Road Interchange was to begin shortly. Councilwoman Furtado reported staff would put together information which could be distributed to the residents regarding the proposed railroad crossing near Garden Woods. CITY COUNCIL REGULAR MEETING, 3/16/2000 7 Councilman Sabatello Councilman Sabatello requested a report on the Burns Road widening at the next meeting. City Manager Martinez explained how staff worked on projects such as the Burns Road widening. Councilman Sabatello recommended that the Planning and Zoning Commission review signage packages. Vice Mayor Jablin Vice Mayor Jablin proposed spearheading a drive for donations to place a grand player piano in the new lobby, which was agreeable to the other members of the City Council. Mayor Russo Mayor Russo had written a letter to the Palm Beach Gardens High School regarding their request to maintain the City's ballfield, which they used. The request was discussed and it was agreed to send the letter. Mayor Russo reported a resident had complained that Code Enforcement officers were removing yard sale signs directing people to the sales. Growth Management Director Manning agreed to look into the matter. Mayor Russo brought up the issue of voice mail for the City Council, and it was agreed to provide voice mail for each City Council member. CITY ATTORNEY REPORT The City Attorney reported a meeting would be held March 29 with representatives from MacArthur Foundation, Catalfumo, FDOT, and the City regarding the circumstances of the dedication of right - of -way along PGA Boulevard to determine if funds would be available for PGA Flyover improvements. The City Attorney reported new pending legislation could affect the Vavrus case. CITY COUNCIL REGULAR MEETING, 3/16/2000 g ADJOURNMENT There being no further business to discuss, upon motion by Councilwoman Furtado, seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA KOSIER, CMC, CITY CLERK Date: March 9, 2000 Meeting Date: April 6, 2000 Subject/Agenda Item: Refurbishment of Rescue Unit #61 Recommendation/Motion: Staff recommends approval of payment not tp exceed $79.600.00 to Emergency Vehicle$ Incorporated to refurbish the unit. Reviewed by: Originating-Dept. Costs: $79,600.00 Council Action: (Total) City Attorney Fire Rescue ❑ Approved $ 80,000.00 El Approved w/ Finance�� Current FY Conditions ❑ Denied ACM ❑ Continued to: Advertised.• Other Funding Source: Date: 1/31/00 R] General Fund Submitted by: Paper: ❑ Other Jerry Catoe Attachments: Acting Fire Chief ❑ Not Required A. Staff Report Memorandum D artment Director Affected Parties: B. Emergency Vehi Proposal Budget Account # 1240- 526.4640 ❑ Notified Approved by: � Not Required ❑ None City Manager BACKGROUND: Rescue #61 is assigned to our busiest fire grafinn_ ThP v,- 1,icle has incurred costly major engine repairs and is in need of replacement. The bid for refurbishment by Emergency Vehicles Inc. is in line with budgeted funds. AGENDACOV -LP le CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 33410 -4698 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Nabar Martinez, City Manager DATE: March 7t` 2000 FROM: Jerry Catoe, Acting Fire Chief SUBJECT: Refurbishment of Rescue Unit # 61 BACKGROUND Rescue # 61 is assigned to the main fire station and is the busiest EMS transport unit. The 1995 chassis (medium duty Freightliner FL -60) has over 60,000 miles and recently incurred $9,000.00 in major engine repairs. As the vehicle ages, more major mechanical repairs can be anticipated. A Request for Proposal was advertised with Emergency Vehicles Inc. of Riviera Beach (the only bidder) proposing $79,600.00, which was in line with budget estimates. DISCUSSION The F/Y 1999/2000 Budget includes funding for the refurbishment of this unit, as part of a larger ongoing fleet management program. The refurbishment of this unit will include a new cab, chassis and driveline. In addition, upgrades in the transport modules structural and electrical systems will be completed. This refurbishment will insure that our busiest EMS unit is once again a reliable response vehicle. RECOMMENDATION Staff recommends approval of payment not to exceed $79,600.00 to Emergency Vehicles Inc. to refurbish the unit. BID PROPOSAL PREPARED FOR: '"" . r, CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL DATED: MARCH 2, 2000 EMERGENCY VEHICLES, INC. CREFURBISHMENT OF RESCUE UNIT March 2, 2000 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33403 -2303 We hereby propose to furnish to you, subject to your acceptance of this proposal and the proper execution of the attached contract, the following apparatus and equipment to be built in accordance with the attached specifications. QUANTITY.- REFURBISHMENT OF ONE RESCUE UNIT for the sum of each; AV SEVENTY -NINE THOUSAND SIX HUNDRED DOLLARS TAX: None Included TOTAL FOB PALM BEACH GARDENS, FLORIDA ...................... $79,600.00 If the customer agrees to pay the full amount of the chassis portion of this proposal $50,755.00 upon receipt of the chassis at the factory and upon receipt of the invoice, an amount of S2,500. 00 can be deducted from the cost of this proposal. TERMS OF PAYMENT.• Net upon delivery and acceptance. Delivery is to be made, subject to all clauses of the attached contract, within approximately 45 to 60 working days from receipt of chassis at the manufacturing facility. We reserve the right to withdraw this proposal if not accepted within 60 days from the above date. Respectfully Submitted By: J1� Da)e M. Tali rc ; Vice President Agreed and Accepted By: Authorized Signature FADATA \WPDOCS\BmS\PBG REMOUNT Date ® EMERGENCY VEHICLES, INC. MANUFACTURER OF QUALITY APPA RATUS • SERVING THE INDUSTRY SINCE 1971 March 2, 2000 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 RE: "REFURBISHMENT OF ONE RESCUE UNIT" Dear Ladies and Gentlemen: We would like to thank you for the opportunity to submit a proposal for refurbishing your existing EVI Rescue Unit. Attached is our quotation for this project. Please give our proposal careful consideration. Our qualifications include: ♦ Twenty -nine years experience in the industry ♦ EVI is the original manufacture of this unit, therefore is more familiar with the construction ♦ Our facility is only 5- minutes from your department, making it convenient for service.... with a minimum of down time If our proposal should receive your favored consideration, we respectfully request a meeting to discuss final details before commencement of any work. For further information about EVI, and to check on recent deliveries, you may visit our web - site at evi- fl.com. In the event you have any questions concerning our proposal, please call me toll -free at 1- 800 - 848 -6652. Respectfully, EMERGENCY VEHICLES, INC. 'Dave M. Ta ' rcio Vice President DMT /ja Enclosure F \DATA\WPDOCS\BIDLE T\PBG_REMOU'1T PO. BOX 12713 -LAKE PARK, FLORIDA 33403 -0713 TEL. (561) 848 -6652 - FAX (561) 848 -6658 - E -mail: evi @evi - fl.com - Web Site: www.evi- fl.com INVITATION TO BID FOR Refurbishment of One Rescue Unit City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 February 2000 INSTRUCTIONS TO BIDDERS BID NAME: Sealed Bids must be received on or before 2:00 PM (local time), March 2, 2000, at the office of the City Clerk, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All bids will be publicly opened and read at 2:00 p.m., March 2, 2000 in the City Clerks Office at the above address. It is anticipated that the bid will be awarded at the regularly scheduled meeting of the Palm Beach Gardens City Council on March 16, 2000. Bids received after the designated time will not be considered. Bids may be delivered in person or by mail. All Bids must be sealed and addressed as indicated. On the face of the envelope containing the Bid shall be written in large letters the words: BID FOR: Refurbishment of One Rescue Unit TO BE OPENED (Date and Time): March 2, 2000, 2:00 PM A bidder may withdraw his Bid at any time prior to that fixed for opening bids without prejudice to himself. Bidders are invited to be present at the opening. Bids received after the time set for the opening will be returned to bidder unopened. It is the sole responsibility of the Bidder to make sure that his or her bid reaches the City Clerk on or before the closing date and time. Bids submitted by telephone, telegram or facsimile shall not be accepted. If Bid is sent by overnight courier, (e.g., Federal Express, UPS, etc.), Bid form must be enclosed in envelope marked as instructed above. The City reserves the right to reject any or all bids, in whole or in part, with or without cause, to waive any informalities or technicalities, and to make awards either as individual items or as a total combined bid, whichever it considers to be in the best interest of the City of Palm Beach Gardens. The Bidder will be required to use the Bid blanks attached hereto, which form a part of the Specifications, and shall remain intact. No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening thereof. Bids received on separate sheets and not attached to the complete specifications will be considered informal and may be rejected as such. All prices must be clearly stated in figures with ink on the line provided. Any variations from these specifications must be clearly stated by the Bidder on the bid blank. Bids must be signed in ink, by the bidder, with the signature in full. When a firm is a bidder, the agent who signs the firm name to the bid shall state, in addition, the names and addresses of the individuals composing the firm. When a corporation is a bidder, the person signing shall state under the laws of what state the corporation was chartered, and the name and title of the officer having authority under the by- laws to sign contracts. Anyone signing the bid as agent must file with it legal evidence of his authority to do so. Post office address, County and State, must be given after the signature. Bidders are cautioned to fill in all information as requested on the bid form to serve as a basis for making awards. All State and Federal Tax exemptions applicable to municipal corporations will apply and appropriate certification shall be furnished. A Bidder is expected to fully inform himself as to the requirements of the Specifications; failure to do so will be at this own risk. A Bidder shall not expect to seek relief on the plea of error. Any deviation from the Specifications must be explained in detail on a separate sheet attached to the Bid Form. Any questions regarding the Bid Specifications and process should be directed to: Commander Robert Boniewski at 561- 775 -8264. GENERAL TERMS AND CONDITIONS GENERAL INFORMATION These documents constitute the complete set of specification requirements and bid forms. 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 shall be immediately directed to Linda Kosier, City Clerk, at 561- 775 -8253. ALL BIDS MUST BE SUBMITTED ON THE PROVIDED "BID FORM ". BIDS ON VENDOR LETTERHEAD /QUOTATION BID FORMS WILL NOT BE ACCEPTED. All Bids must be typewritten or handwritten in ink and must be signed by an officer or employee having authority to bind the company or firm. Signatures are required were indicated. Failure to do so may be cause for rejection of Bid. Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, after bid opening, by appointment only. Bids shall be submitted in triplicate on the prescribed form provided in the Specifications. Each Bid must be delivered to the City Clerk on or before the specified opening date and time. The bid time must be and shall be strictly observed. Under no circumstances shall a Bid delivered after the time specified be considered. Such bids shall be returned to the vendor unopened. It is the sole responsibility of the bidder to ensure that his or her bid reaches the City Clerk on or before the closing date and time. The City shall in no way be responsible for delays caused by any occurrence. Offers by telephone, telegram or facsimile shall not be accepted. If the bid is sent by overnight courier (e.g., Federal Express, UPS, etc.), the bid form must be enclosed in an envelope marked as in the "Instructions to Bidders." BOND AND INSURANCE REQUIREMENTS Bond and insurance requirements, if any, are detailed in the Specifications. CONSIDERATION OF BIDS AND AWARD CONTRACT The City anticipates awarding the Bid at the March 16, 2000 regular meeting of the City Council. The City reserves the right to reject any or all bids, in whole or in part, with or without cause, to waive any informalities or technicalities, and to make awards either as individual items or as a total combined bid, whichever it considers to be in the best interest of the City of Palm Beach Gardens. CONFLICT OF INTEREST The award hereunder is subject to the provision of State Statutes and City Ordinances. All Bidders must disclose in his or her bid the name of any officer, director or agent who is also an employee of the City. Further, all bidders must disclose the name of the City employee who owns, directly or indirectly, interest of five percent (5%) or more of the bidder's firm or any of its subsidiaries. LEGAL REQUIREMENTS 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 will in no way be a cause for relief from responsibility. 1. Vendors doing business with the City are prohibited from discriminating against any employee, applicant for employment or client because of race, creed, color, ancestry, religion, national origin, sex, or age with regard to, but not limited to the following: Employment practices, rates of pay or other compensation methods and training selection. 2. A person or affiliate who has been placed on the convicted vendor list following a conviction for a pubic entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of begin placed on the convicted vendor list. 3. The obligations of the City under this award are subject to the availability of funds lawfully appropriated for this purpose. 4. This request for bid shall be included and incorporated into the final award- WOMEN/MINORITY BUSINESS ENTERPRISE (W /MBE) POLICY It is the policy of the City to provide minorities and women equal opportunity for participating" in all aspects of the City's contracting and procurement programs, including but not limited to employment, construction, development projects and lease agreements, consistent with the laws of the State of Florida. It is further the policy of the City to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, creed, sex, age, handicap or veteran's status. BIDDER'S RESPONSIBILITY Each Bidder is required, before submitting his or her proposal, to carefully examine the Bid specifications and to completely familiarize himself or herself with all of the terms and conditions that are contained within this document. Ignorance on the part of the Bidder will in no way relieve him or her of any of the obligations and responsibilities, which are a part of this Bid. CONTRACTUAL AGREEMENT This invitation to Bid shall be included and incorporated in the final award. The order of contractual precedence will be the purchase order, bid document and response. Any and all legal action necessary to enforce the award will have venue in Palm Beach County and the contractual obligations will be interpreted according to the laws of Florida. Any contract or agreement required by vendor must be enclosed at the time of Bid submittal. PUBLIC RECORDS LAW In conformance with the Florida Public Records law, all bid documents or other material submitted by the Bidder in response to this request other than any financial statements submitted, shall upon bid opening, be available for public inspection by any person. CODE OF ETHICS If any Bidder violates the Code of Ethics of the State of Florida with respect to this bid, such Bidder may be disqualified from performing this work and future work for the City. ADDENDA Addenda issued by the City prior to the bid opening shall be binding as if written into the Specifications. Bidder shall acknowledge receipt of the same as indicated on the Bid Form. If no Addenda are issued, then "none" shall be indicated. If Addenda are issued, Bidder shall indicate the Addenda received by listing its number (e.g., #1, #2, #2A, etc.) and attaching a copy of the Addenda to the bid. ATTACHMENT TO BID FORM The Bidder is responsible to submit each of the attached appendices to his /her completed Bid Form: Appendix Description A: Drug -Free Workplace Certification Palm Beach Gardens Fire /Rescue Bidder Complies YEN RESCUE UNIT CHASSIS SPECIFICATIONS Y_N. The new chassis shall be a year 2000 or most current year available. The chassis shall be a 2-door conventional style with a 101" minimum bumper to back of cab dimension. The gross vehicle weight of the chassis shall be 20,000 pounds (minimum). The wheelbase of the chassis shall be 170" (maximum) with a 102" (minimum) cab to axle dimension. The chassis frame rails shall be 80,000# psi (minimum) -10.73 SM - 536,730 RBM (minimum) with front tow hooks attached to the front frame rails. The front bumper of the chassis shall be chrome plated steel. Front axle of the chassis shall have an 8,000 pound rating (minimum) with oil filled wheel seals. The rear axle of the chassis shall have a 17,500 pound rating with a 12,000 pound rated air ride with dump valve capabilities. The rear axle shall shall be a single speed type with a gear ratio for 75 miles per hour when the transmission is in 5th gear. There shall also be heavy duty front and rear shocks provided for the chassis. The steering wheel in the cab shall be 18" in diameter with an adjustable tilt wheel .;apability. The steering in the cab shall be hydraulic type power steering. Brakes of the chassis shall be full air brakes with ABS (antilock braking system). The air system shall be a dual system with a 13.2 CFM (minimum) air compressor. There shall be automatic moisture ejectors on all tanks with a heated air dryer system. The air brakes of the chassis shall be equipped with self adjusting slack adjusters on both the front and rear brakes. Air brakes shall be air actuated with a dash mounted control to apply the parking brake. The engine of the chassis shall be an electronic in -line 6 cylinder turbo charged diesel engine with 466 cubic inches (7.6 liter) minimum. The engine shall be rated for 230 horsepower (minimum). To start and stop the the engine, an electric (key) engine shutdown system shall be supplied. The following equipment shall be provided for the engine; an engine oil cooler, a heavy duty cooling system, silicone radiator and heater hoses, a set of constant torque clamps for the radiator and heater hoses and a viscous fan drive. The exhaust system of the chassis shall be equipped with a horizontal muffler with a vertical exhaust pipe. The exhaust shall be attached to the right hand side of the cab and the upper exhaust pipe shall be chromed. The transmission of the chassis shall be a programmed 5 -speed electronic Palm Beach Gardens Fire /Rescue Bidder Complies automatic. The shift controls are to be of the push button type and shall be mounted on the dash. The transmission shall have an oil cooler and filter, and the drive line shall be heavy duty tubular design. The fuel tank of the chassis shall have a 50 gallon (minimum) capacity and be attached to the frame on the right hand side of the lower area of the cab. There shall be a fuel water separator provided with a sight glass. The 12 -volt electrical system of the chassis shall be equipped with manual reset type circuit breakers for protection. There shall be a 270 amp (minimum) alternator provided with the chassis. The chassis shall be equipped with three (3) 12 volt 925 cold cranking amps (CCA) (minimum) batteries with 2775 (minimum) total combined cold cranking amps (CCA). There shall be dual electric horns provided on the chassis. The hood of the chassis shall be fiberglass tilt style with a stationary (non - tilting) grille. The glass of the chassis shall be tinted safety glass and this shall apply for all cab windows. There shall be two (2) stainless steel West Coast mirrors provided with lower stainless steel 8" convex mirrors. The gauge cluster on the dash shall consist of the following; an engine tachometer, in engine hourmeter, a speedometer, a volt meter, and engine alarm system (audio nly), an air restriction indicator (dash mounted), a transmission temperature gauge and an air pressure gauge. The windshield wipers of the cab shall be 2 -speed electric with an intermittent feature. The exterior of the cab shall be black and shall be repainted Lime Yellow by the body manufacturer. With the interior color of the cab being grey. The interior of the cab shall be of the premium type with a full 1 -piece headliner. The seats of the cab shall consist of the following; a high back bucket seat for the driver with air ride capabilities, a high back bucket seat for the passenger with air ride capabilities. The seats shall be all vinyl covered. The tires of the chassis shall be 245170R19.5 12 -ply tubeless radials. There shall be two (2) front model XZE with highway tread and four (4) rear model XZE with highway tread tires provided. One (1) spare model XZE highway tread tire shall be provided. The wheels of the chassis shall be 19.5 x 6.78 8 -hole disc type with dual rear wheels. The following miscellaneous equipment shall be provided: cab entry grab rails with ribbed rubber inserts, driver convenience group, halogen headlamps, and a windshield mounted rear view mirror. 2 Palm Beach Gardens Fire /Rescue Bidder Complies CHASSIS PREPARATION - GENERAL The following paragraphs outline the chassis related options necessary for the specified chassis to be utilized. Additional work is listed and are to be performed /installed in order to meet the needs of the customer and to outfit the vehicle for use as an ALS transport unit. VERTICAL EXHAUST EXTENSION - CHROME A chrome extension shall be installed for the vertical exhaust system. The top of the pipe shall be mitre cut to allow engine exhaust to be directed away from the side of the apparatus. Y_ x N Y N Y X N BATTERY COMPARTMENT /CAB STEP Y X N The chassis supplied battery system shall be relocated to the driver's side step area. The batteries shall be installed on a roll -out tray beneath the cab in the side step area. They shall be accessed through a hinged diamond plate door with stainless steel paddle handle. The remaining cab step area and kick plate shall be replaced with aluminum diamond plate. DIAMOND PLATE FUEL TANK COVER - RH YEN_ The O.E.M. right side chassis fuel tank shall be covered with .125" aluminum diamond plate. All seams shall be heliarc welded for strength and appearance. The tank cover shall incorporate a recessed step for entry and exit. FRONT BUMPER EXTENSION -10" Y_XN The chassis frame shall be extended to form a 10" frame rail extension at the front of ,-he cab. A heavy steel channel structure shall form a framework support for an 3 Palm Beach Gardens Fire /Rescue Bidder Complies aluminum diamond plate enclosure for the front bumper extension. Bumper mounting brackets shall be welded to the frame extension for mounting the original chassis bumper 10" forward of it's original position. The top and sides of the bumper extension shall be covered with polished aluminum diamond plate. The aluminum diamond plate bumper extension enclosure shall be reinforced with steel channel beneath the entire width providing a rigid structure capable of supporting a person. REAR STEP AND BUMPER ASSEMBLY Yx N The rear bumper and step assembly shall be removed and reinstalled on the new chassis. PAIR REAR TOW EYE(S) - RECESSED Y x N_ There shall be a pair of heavy -duty tow eyes securely fastened to the rear chassis `game rails. The tow eyes shall be recessed in the rear kick panel. The tow ring(s) hall be bolted in place for removal if necessary. CAB TO BODY OPENING WITH BELLOWS SECTION - (L) Y x N There shall be an opening between the cab and the modular body. A pliable weatherproof bellows section shall connect an opening in the front wall of the modular body and the chassis cab. The opening shall allow for open communication and vision of personnel between the cab and the apparatus body. Note: The existing opening is a small pass- through which shall be enlarged to allow personnel to walk through. The opening shall be approximately 48 inches high and approximately 24 inches wide. HOOK -UP OEM DUMP VALVE TO REAR DOOR SWITCH YEN_ The OEM rear axle dump valve controls on the dash of the chassis shall be connected to the existing body switches near the rear doors of the body. There shall be a warning light installed in the cab to notify the driver the suspension is lowered. 4 Palm Beach Gardens Fire /Rescue Bidder Complies BODY INSTALLATION The body shall be removed from the old chassis and shall be reinstalled on the new chassis. The body shall be attached to the chassis with a minimum of (24) grade 8, case hardened 5/8" (.625 ") steel bolts, fastened to clamping plates above the mount rails and below the chassis rails. The bottom fasteners shall be "double" nutted to prevent loosening. A non - metallic 9/16" (.563 ") thick sill shall be sandwiched between the body floor framing and the chassis frame. The sill will prevent body movement as well as isolating the steel chassis frame from the aluminum body. EXT. MODULAR (M) BODY PAINTED POLYURETHANE The existing body once removed from the old chassis shall be stripped of the existing uttering and stripes. The paint shall be sanded and prepared for painting. The final finish of the apparatus body shall be to fire apparatus standards; exhibiting excellent gloss durability and color retention properties. This shall be done by using aircraft finish polyurethane paint and products. The color of the body shall be repainted Lime Yellow (paint code FLNA- 60182). To assure a good paint match, a large (approximately 5 -1/2" by 8 -1/2 ") paint card shall be sprayed with the paint mixture selected. It shall be sent to the purchaser for approval prior to the apparatus being painted. There shall be new door gaskets installed for each compartment and entry door. EXTERIOR CAB (L) PAINTED POLYURETHANE The chassis cab shall be sanded completely, prior to final finishing of apparatus body. It shall be painted a polyurethane Lime Yellow (paint code FLNA- 60182) prior to the installation of the apparatus body. This shall assure proper paint coverage and proper paint match on all surfaces. Fach cab doorjamb shall be sanded and painted with matching polyurethane paint. Y x N_ Y -x N_ Y X N_ Palm Beach Gardens Fire /Rescue Bidder Complies VEHICLE UNDERCOATING The entire underside of the vehicle, including all the under structure aluminum, chassis frame and underside of the cab, shall be sprayed with black automotive undercoating. This process will aid in preventing chassis rust and will provide sound and vapor barrier for aluminum structures. SCOTCHLITE REFLECTIVE STRIPE(S) Scotchlite reflective striping shall be applied to the apparatus body and cab. The reflective stripes shall run from approximately the forward edge of the cab entry door to the rear of the apparatus body on both sides of the vehicle. There shall be two (2) 2 -inch blue stripes and one (1) ten -inch white stripe installed. COMPUTER GENERATED GOLD LEAF LETTERS W /OUTLINE AND SHADE The new lettering for the apparatus shall be computer generated gold leaf, similar to the "sign gold" process. Letters shall be genuine 22 karat gold leaf with a mylar outline and shade, and a clear protective film. Lettering carries a ten to fourteen year indoor /outdoor life expectancy, and is not affected by sun light, salt, solvents, cleaning agents, or other chemicals. The swirl type of the letters shall be determined prior to the letters being applied. There shall be eighty (80) letters figured into re- lettering the apparatus. NEW VINYL COVERED INTERIOR FLOOR The interior vinyl floor of the module body shall be removed and a new vinyl flooring shall be installed. The new interior floor of the module body shall be covered with a seamless, no wax type linoleum or vinyl - 1/16" (.063 ") thickness minimum. Floor covering shall be permanently applied after proper preparation of the sub -floor. The threshold at the entry door(s) shall be constructed of new polished stainless steel and shall be flush with the finished floor. Ce Y_ x N Yx N Yx N Yx N Palm Beach Gardens Fire /Rescue Bidder Complies MINOR INTERIOR CABINET REPAIR There shall be minor repairs to the interior of the cabinets of the body. The cabinets shall be inspected by the bidder to determine the severity of repairs. DRIVER'S CONSOLE - OVERHEAD A control console shall be "custom" designed and installed in the new cab overhead console. This console shall house rocker switches with pilot lights controlling exterior emergency lights, flood lights, compartment lights, and other 12 volt items on the existing body. Switches shall be removable from the front allowing access to the back of the switches and connectors for easy replacement. COAXIAL WIRING FOR ANTENNA(S) The coaxial antenna from the body shall be reconnected to the 2 -way radio in the cab. 12 -VOLT MODULE AIR COND. /HEATER SYSTEM The 12 -volt module body air conditioner /heater shall be disconnected from the old chassis and connected to the new chassis for operation. There shall be two (2) in -line shut -off valves installed in the engine compartment to shut -off the heaters water supply during the the summer months. Y x_N Y x N Y x N Y xN MAIN DOOR OPEN CIRCUIT Y__X N_ Whenever a squad compartment entry door is open, a "door open" warning light shall be activated in the cab to notify the driver a compartment door is open. The "door open" light shall have a 2" minimum diameter lens, red in color, and shall be placed in clear view of the driver. This light shall operate whenever the ignition is "on ". 7 Palm Beach Gardens Fire /Rescue Bidder Complies MASTER MODULE DISCONNECT SWITCH There shall be a heavy duty master switch located near the battery kill switch. It shall be legibly marked and rated to carry at least 125 percent of the circuits maximum current. The master module disconnect switch shall be supplied with a paddle type knob for quick and easy operation. It shall isolate the chassis electrical system from the body builders circuit in order to help identify a potential problem or faulty circuit. BATTERY SYSTEM SHUT -OFF SWITCH The chassis manufacturer's battery system shall remain intact. In addition, a battery "shut -off' switch shall be placed in the cab to disconnect all power when not in use. AMMETER GAUGE The vehicle shall be equipped with a color coded "shunt" type meter to monitor system amperage. This gauge shall be installed in the driver's console. It shall be back .ghted and connected to the headlight dimmer switch to control brightness. REMOVE AND RE- INSTALL AIR HORN SYSTEM The air horns on the old chassis shall be removed and reinstalled on the hood of the new chassis. There shall be a manual shut -off valve provided to isolate the horns from the chassis system as a precautionary measure. There shall be a two- position toggle switch installed left of the steering column. It shall transfer the steering wheel horn bar to activate the either the OEM chassis horn or the air horns. There shall be a air horn foot switch installed for the passenger. REMOVE AND RE- INSTALL ELECTRO- MECHANICAL SIREN The existing electro- mechanical siren shall be removed and re- installed on the reinforced portion of the extended bumper. There shall be new activation foot witches installed in the chassis cab for the driver and passenger. E:3 YEN -. Yx N Yx N_ Yx N YXN_ Palm Beach Gardens Fire /Rescue Bidder Complies DISCONNECT AND RECONNECT 12 VOLT DISTRIBUTION The 12 volt electrical distribution center of the body shall be disconnected from the old chassis and reconnected to the new chassis. REMOVE AND RE- INSTALL THREE (3) BULB ROTATING WARNING LIGHT The 12 -volt three (3) bulb rotating warning light shall be removed from the chassis and re- installed on the new chassis. The warning light shall be properly wired for operation. REMOVE AND RE- INSTALL STROBES ON CAB The grille strobe lights and extended front bumper strobes for the cab shall be removed and re- installed on the new chassis. The strobe light(s) shall be activated by switch on the driver's console. BODY MANUFACTURER'S MANUAL(S) For maintenance purposes, the apparatus shall include a body manufacturer's owner's manual. It shall be permanently labeled with the body builder's name on the outside cover for easy identification. The manual shall include the manufacturer toll free number and contact persons for parts, service and warranty repairs. The manual shall include the following paperwork as a minimum: * Specification breakdown for chassis and modular body * Warranties on modular body, conversion and warranty procedure claim forms * Chassis information as provided on chassis (lineset ticket, predelivery receipts) * Individual component manuals /warranties * Quality control, electrical reports, weight slip 0 Y X Y x N_ Y x N Yx N Palm Beach Gardens Fire /Rescue Bidder Compile * "As built" detailed CAD (Computer Aided Drafting) drawings * Wiring diagrams, circuit breaker panel layouts * 5" x 8" Paint chips of each color used, including code numbers and paint manufacturer * Acceptance forms, copy of invoice, modular body MSO (Manufacturer's Statement of Origin), 30 -day temporary tag NO SMOKING /FASTEN SEAT BELT LABEL YgN There shall be a "no smoking /fasten seat belt" label located in the cab. It shall be located in a plain view location within the cab area. OVERALL HEIGHT PLATE (NFPA) Y__X__N_ 1\ permanent plate specifying the overall height of the vehicle shall be affixed in the .;ab and shall be located to be clearly visible to the driver when seated. CHASSIS RELATED EXPENSES Y x N_ The manufacturer shall be responsible for chassis related expenses. This shall include handling, housing and inspection to insure that the chassis arrived as ordered. In addition, the manufacturer shall maintain garage keepers insurance for the full amount of the chassis value. A final inspection with a written report shall be provided upon completion of the unit. It shall include a road test plus any required adjustments to belts, headlight alignment, checking of all fluid levels and proper inflation of tires to the satisfaction of the city. Any required repairs shall be performed prior to delivery. LOCAL DEALERIREPRESENTATION The manufacturer's representative shall provide the purchaser with local service. The local representative shall be knowledgeable on the product, and assist with 10 Y_%_ N_ Palm Beach Gardens Fire /Rescue Bidder ComplieE inspections and delivery of the apparatus. It is not the intention of this agency to purchase a vehicle from a manufacturer that does not have local service or representation. Manufacturer must provide the name, street address, city and state, as well as 24 hour phone and fax number of the local representative. FACTORY INSPECTION TRIPS The purchaser shall inspect the apparatus at the manufacturer's factory to insure compliance to the specifications. If the manufacturing facility is more than 250 miles from The City of Palm Beach Gardens, it shall be the manufacturer's responsibility to cover all associated costs for the inspections, including; overnight lodging, meals and local transportation. The inspection trip shall be for one (1) fire department member. TRANSPORTATION /DELIVERY OF ALS TRANSPORT UNIT The completed ALS transport shall be delivered to the purchaser with full instructions provided to purchaser personnel on operation, care, and maintenance of the apparatus. The manufacturer shall notify the city of the exact completion date at least ten (10) working days prior to completion. The apparatus shall be thoroughly inspected for compliance to this specification prior to acceptance and payment. If the apparatus is not ready, or major deficiencies are found, it will be the manufacturer's responsibility to cover all expenses associated in making the vehicle acceptable. The ALS transport being refurbished shall be picked up at the fire department and driven to the repair facility and then returned to the city for future use. 11 Y x N_ Y x N_ CITY OF PALM GARDENS BID FORM The undersigned agrees to furnish one Refurbished Rescue Unit. Lump Sum: $ 79,600.00 * Delivery must be F.O.B. Palm Beach Gardens, Florida. Addenda received: N/A Manufacturer Proposed: international Model Proposed: 2000 Model 470OLP Warranty: 5 Years Terms: Net upon delivery and acceptance Delivery: 45 to 60 working days after receipt of chassis Manufacturer's Literature and Specifications must be submitted with Bid. Company Name: Emergency vehicles, Inc. By: Dave M. Taliercio Address: 705 13th street Telephone: Lake Park, FL 33403 -2303 561- 848 -6652 Fax: 561 -848 -6658 Date: March 2, 2000 x Signature:�,(� f I L. Title: Vice President — * Deduct $2,500.00 from bid price if chassis amount of $50,775.00 is paid for upon arrival of chassis at our manufacturing facility in Lake Park, Florida. APPENDIX A DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Emergency Vehicles, Inc. does /does not (circle appropriate response): (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the danger of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling. �� is � ✓ � f By =-1 Dave �i! allercio, Vkce I President Jf- PROPOSED SPECIFICATIONS FOR REFURBISHMENT OF ONE RESCUE UNIT CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 DATED: MARCH 2, 2000 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" One (1) CHASSIS= = = = = == CHASSIS = = = = = == CHASSIS One (1) 2000 INTERNATIONAL 4700LP/2 -DOOR CHASSIS /170" A3 -00 -00 CAB: 2 -door conventional 101" bumper to back of cab GVWR: 20,000 pounds WHEELBASE: 170" CAB TO AXLE: 102" FRAME: Steel channel; 80,000 psi rating 10.73 SM - 536,730 RBM (2) OEM front tow hooks FRONT BUMPER: Heavy duty chrome plated FRONT AXLE: 8,000 pound rating Front oil filled wheel bearings REAR AXLE: 17,500 pound rating; single speed Ratio for 75 mph 12,000 pound air ride with dump valve capabilities SHOCKS: Heavy duty front and rear STEERING: Power hydraulic assist 18" steering wheel Tilt/telescopic wheel BRAKES: Anti -lock braking system (ABS) Full air; cam type; dual system 13.2 cfm air compressor Automatic slack adjusters (front and rear) Bendix AD -9 heated air dryer Automatic moisture ejectors -all tanks PBGR -001 02/28/00 PBGR -001 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" PARKING BRAKE: MGM spring actuated ENGINE: International DT466E turbo diesel 230 horsepower - electronic Heavy duty cooling /radiator Engine oil cooler Silicone radiator and heater hoses Constant torque clamps Viscious fan drive EXHAUST: Horizontal muffler w /vertical exhaust pipe -RH Upper chrome exhaust pipe TRANSMISSION: Allison MD3060P automatic 5 -speed Dash mounted push button controls Transmission oil filter DRIVE SHAFT: Heavy duty tubular FUEL TANK: 50 gallon capacity; RH steel step type Racor heated fuel /water separator ELECTRICAL SYSTEM: 12 volt, negative ground Heavy duty starter, key activated Manual reset circuit breakers Warning alarms: low oil, high temperature ALTERNATOR: 270 amp Leece Neville BATTERIES: (3) heavy duty 2775 CCA (total) HORNS: Dual electric HOOD: Fiberglass tilt hood and fender assembly Stationary grille CAB GLASS: Tinted safety glass - all windows MIRRORS: Stainless steel West Coast 8" convex mirrors - separately adjustable GAUGES: Tachometer; speedometer; odometer; voltmeter; fuel level; oil pressure; electronic engine hourmeter; water 2 02/28/00 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" temperature; air restriction indicator (dash mounted); transmission temperature; dual needle air pressure WIPERS: Electric wipers and washers Intermittent wiper switch PAINT COLOR: Black exterior (Repaint by body manufacturer) ENVIRONMENTAL: Cab air conditioning Heavy duty heater Windshield defroster CAB SEATING: Driver: air suspension /high -back Passenger: air suspension /high -back Grey vinyl Shoulder harness seat belts; outboard pos. CAB TRIM /COLOR: Premium interior trim level Grey interior Headliner and cab back wall TIRES: 245/70R 19.5 12 -ply (2) front/Michelin XZE (4) rear /Michelin XZE Highway tread (2) spare /Michelin XZE (1 -for new unit & 1 -for re -mount unit) WHEELS: (8) 19.5" steel disc MISCELLANEOUS: LH /RH sun visors Moulded door panels with arm rests Courtesy lights Black rubber floor covering LH /RH NFPA cab entry grab handles Halogen headlamps One (1) One (1) CHASSIS PREPARATION - GENERAL BO -50 -00 PBGR -001 The following paragraphs outline the chassis related options necessary for the specifies chassis to be utilized. Additional work is listed and are to be performed /installed it 3 02/28/OC Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" order to meet the needs of the customer and to outfit the vehicle for use as an ALS transport unit. One (1) VERTICAL EXHAUST EXTENSION - CHROME B 1 -60 -05 A chrome extension shall be installed for the vertical exhaust system. The top of the pipe shall be mitre cut to allow engine exhaust to be directed away from the side of the apparatus. One (1) BATTERY COMPARTMENT /CAB STEP (INTERNATIONAL) B2 -00 -00 The chassis supplied battery system shall be relocated to the driver's side step area. The batteries shall be installed on a roll -out tray beneath the cab in the side step area. They shall be accessed through a hinged diamond plate door with stainless steel paddle handle. The remaining cab step area and kick plate shall be replaced with aluminum diamond plate. One (1) DIAMOND PLATE FUEL TANK COVER - RH B2 -55 -00 The O.E.M. right side chassis fuel tank shall be covered with .125" aluminum diamond plate. All seams shall be heliarc welded for strength and appearance. The tank cover shall incorporate a recessed step for entry and exit. One (1) FRONT BUMPER EXTENSION -10" 65 -20 -00 The chassis frame shall be extended to form a 10" frame rail extension at the front of the cab. A heavy steel channel structure shall form a framework support for an aluminum diamond plate enclosure for the front bumper extension. Bumper mounting brackets shall be welded to the frame extension for mounting the original chassis bumper 10" forward of it's original position. PBGR -001 02/28/00 4 Refurbishment of Rescue Uni City of Palm Beach Gardens "Proposed Specifications" The top and sides of the bumper extension shall be covered with polished aluminum diamond plate. The aluminum diamond plate bumper extension enclosure shall be reinforced with steel channel beneath the entire width providing a rigid structure capable of supporting a person. One (1) REAR STEP AND BUMPER ASSEMBLY B6 -00 -00 The rear bumper and step assembly shall be removed and reinstalled on the new chassis. Remove and re- install on new chassis Two (2) PAIR REAR TOW EYE(S) - RECESSED B7 -70 -00 There shall be a pair of heavy -duty tow eyes securely fastened to the rear chassis frame rails. The tow eyes shall be recessed in the rear kick panel. The tow ring(s) shall be bolted in place for removal if necessary. One (1) CAB TO BODY OPENING WITH BELLOWS SECTION - (L) 69 -60 -00 There shall be an opening between the cab and the modular body. A pliable weatherproof bellows section shall connect an opening in the front wall of the modular body and the chassis cab. The opening shall allow for open communication and vision of personnel between the cab and the apparatus body. Note: The existing opening is a small pass- through which shall be enlarged to allow personnel to walk through. The opening shall be approximately 48 inches high and approximately 24 inches wide. One (1) WINDSHIELD MOUNTED REAR VIEW MIRROR '39-SP-01 PBGR -001 02/28/00 5 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" There shall be a windshield mounted rear view mirror installed in the chassis. One (1) HOOK -UP OEM DUMP VALVE TO REAR DOOR SWITCH B9 -SP -02 The OEM rear axle dump valve controls on the dash of the chassis shall be connected to the existing body switches near the rear doors of the body. There shall be a warning light installed in the cab to notify the driver the suspension is lowered. Remove dash OEM dump valve Install warning light Install momentary switch near rear door Left rear door switch to re- inflate chassis air bags one (1) BODY INSTALLATION (REMOVE AND RE- INSTALL) ;9 -00 -00 The body shall be removed from the old chassis and shall be reinstalled on the new chassis. The body shall be attached to the chassis with a minimum of (24) grade 8, case hardened 5/8" (.625 ") steel bolts, fastened to clamping plates above the mount rails and below the chassis rails. The bottom fasteners shall be "double" nutted to prevent loosening. A non - metallic 9/16" (.563 ") thick sill shall be sandwiched between the body floor framing and the chassis frame. The sill will prevent body movement as well as isolating the steel chassis frame from the aluminum body. One (1) EXT. MODULAR (M) BODY PAINTED POLYURETHANE FO -50 -01 The existing body once removed from the old chassis shall be stripped of the existing lettering and stripes. The paint shall be sanded and prepared for painting. PBGR -001 02/28/00 6 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" The final finish of the apparatus body shall be to fire apparatus standards; exhibiting excellent gloss durability and color retention properties. This shall be done by using aircraft finish polyurethane paint and products. The color of the body shall be repainted Lime Yellow (paint code FLNA- 60182). To assure a good paint match, a large (approximately 5 -1/2" by 8 -1/2 ") paint card shall be sprayed with the paint mixture selected. It shall be sent to the purchaser for approval prior to the apparatus being painted. There shall be new door gaskets installed for each compartment and entry door. Color: Lime Green Code: FLNA -60182 Strip body of old lettering, paint and stripe Install new door gaskets for each compartment and entry door One (1) EXTERIOR CAB (L) PAINTED POLYURETHANE =1 -00 -02 The chassis cab shall be sanded completely, prior to final finishing of apparatus body. It shall be painted a polyurethane Lime Yellow (paint code FLNA- 60182) prior to the installation of the apparatus body. This shall assure proper paint coverage and proper paint match on all surfaces. Each cab doorjamb shall be sanded and painted with matching polyurethane paint. Color: Lime Green Code: FLNA -60182 One (1) VEHICLE UNDERCOATING Fl-16-00 The entire underside of the vehicle, including all the under structure aluminum, chassis frame and underside of the cab, shall be sprayed with black automotive undercoating. This process will aid in preventing chassis rust and will provide sound and vapor barrier for aluminum structures. PBGR -001 02/28/00 7 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" Three (3) SCOTCHLITE REFLECTIVE STRIPE(S) Fl-30-00 Scotchlite reflective striping shall be applied to the apparatus body and cab. The reflective stripes shall run from approximately the forward edge of the cab entry door to the rear of the apparatus body on both sides of the vehicle. There shall be two (2) 2- inch blue stripes and one (1) ten -inch white stripe installed. 2 -2" Blue and 1 -10" White Eighty (80) COMPUTER GENERATED GOLD LEAF LETTERS W /OUTLINE AND SHADE F1 -91 -12 The new lettering for the apparatus shall be computer generated gold leaf, similar to the "sign gold" process. Letters shall be genuine 22 karat gold leaf with a mylar outline and shade, and a clear protective film. Lettering carries a ten to fourteen year indoor /outdoor life expectancy, and is not affected by sun light, salt, solvents, cleaning agents, or other chemicals. The swirl type of the letters shall be determined prior to the letters being applied. There shall be eighty (80) letters figured into re- lettering the apparatus. Swirl type: To be determined One (1) NEW VINYL COVERED INTERIOR FLOOR G 1 -12 -01 The interior vinyl floor of the module body shall be removed and a new vinyl flooring shall be installed. The new interior floor of the module body shall be covered with a seamless, no wax type linoleum or vinyl - 1/16" (.063 ") thickness minimum. Floor covering shall be permanently applied after proper preparation of the sub -floor. The threshold at the entry door(s) shall be constructed of new polished stainless steel and shall be flush with the finished floor. PBGR -001 02/28/00 8 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" One (1) MINOR INTERIOR CABINET REPAIR G9 -SP -01 There shall be minor repairs to the interior of the cabinets of the body. The cabinets shall be inspected by the bidder to determine the severity of repairs. One (1) DRIVER'S CONSOLE - OVERHEAD 10 -06 -05 A control console shall be "custom" designed and installed in the new cab overhead console. This console shall house rocker switches with pilot lights controlling exterior emergency lights, flood lights, compartment lights, and other 12 volt items on the existing body. Switches shall be removable from the front allowing access to the back of the switches and connectors for easy replacement. One (1) COAXIAL WIRING FOR ANTENNA(S) 12 -50 -00 The coaxial antenna from the body shall be reconnected to the 2 -way radio in the cab. Location: For 2 -way radio One (1) 12 -VOLT MODULE AIR COND. /HEATER SYSTEM 13 -00 -00 The 12 -volt module body air conditioner /heater shall be disconnected from the old chassis and connected to the new chassis for operation. There shall be two (2) in -line shut -off valves installed in the engine compartment to shut -off the heaters water supply during the the summer months. PBGR -001 02/28/00 9 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" Shall be disconnected from the old chassis and re- connected to the new chassis One (1) MAIN DOOR OPEN CIRCUIT 13 -50 -00 Whenever a squad compartment entry door is open, a "door open" warning light shall be activated in the cab to notify the driver a compartment door is open. The "door open" light shall have a 2" minimum diameter lens, red in color, and shall be placed in clear view of the driver. This light shall operate whenever the ignition is "on ". Install light on new cab and reconnect circuit One (1) MASTER MODULE DISCONNECT SWITCH J2 -10 -00 There shall be a heavy duty master switch located near the battery kill switch. It shall be legibly marked and rated to carry at least 125 percent of the circuits maximum current. The master module disconnect switch shall be supplied with a paddle type knob for quick and easy operation. It shall isolate the chassis electrical system from the body builders circuit in order to help identify a potential problem or faulty circuit. One (1) BATTERY SYSTEM SHUT -OFF SWITCH J3 -11 -00 The chassis manufacturer's battery system shall remain intact. In addition, a battery "shut -off' switch shall be placed in the cab to disconnect all power when not in use. One (1) AMMETER GAUGE J3 -40 -00 The vehicle shall be equipped with a color coded "shunt" type meter to monitor systen amperage. This gauge shall be installed in the driver's console. It shall be back lighte( and connected to the headlight dimmer switch to control brightness. PBGR -001 02/2810( 10 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" One (1) REMOVE AND RE- INSTALL AIR HORN SYSTEM Q0 -10 -35 The air horns on the old chassis shall be removed and reinstalled on the hood of the new chassis. There shall be a manual shut -off valve provided to isolate the horns from the chassis system as a precautionary measure. There shall be a two- position toggle switch installed left of the steering column. It shall transfer the steering wheel horn bar to activate the either the OEM chassis horn or the air horns. There shall be a air horn foot switch installed for the passenger. Location: On the hood of the new chassis Shall include a new foot switch for the passenger and a two - position toggle switch left of the steering column. It shall transfer the streering wheel horn bar to activate either the OEM chassis horn or the air horns. One (1) REMOVE AND RE- INSTALL FEDERAL Q213 SIREN QO -20 -00 The existing electro- mechanical siren shall be removed and re- installed on the reinforced portion of the extended bumper. There shall be new activation foot switches installed in the chassis cab for the driver and passenger. Shall include two (2) new foot switches- one (1) for driver and one (1) for the passenger. One (1) DISCONNECT AND RECONNECT 12 VOLT DISTRIBUTION TO -10 -40 The 12 volt electrical distribution center of the body shall be disconnected from the old chassis and reconnected to the new chassis. PBGR -001 02/28/00 11 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" One (1) REMOVE AND RE- INSTALL ROTO -RAY WARNING LIGHT U9 -SP -01 The 12 -volt three (3) bulb rotating warning light shall be removed from the chassis and re- installed on the new chassis. The warning light shall be properly wired for operation. One (1) REMOVE AND RE- INSTALL STROBES ON CAB VO -11 -03 The grille strobe lights and extended front bumper strobes for the cab shall be removed and re- installed on the new chassis. The strobe light(s) shall be activated by a switch on the driver's console. One (1) BODY MANUFACTURER'S MANUAL(S) WO -10 -10 For maintenance purposes, the apparatus shall include a body manufacturer's owner's manual. It shall be permanently labeled with the body builder's name on the outside cover for easy identification. The manual shall include the manufacturer toll free number and contact persons for parts, service and warranty repairs. The manual shall include the following paperwork as a minimum: * Specification breakdown for chassis and modular body * Warranties on modular body, conversion and warranty procedure claim forms * Chassis information as provided on chassis (lineset ticket, predelivery receipts) * Individual component manuals /warranties * Quality control, electrical reports, weight slip * "As built" detailed CAD (Computer Aided Drafting) drawings * Wiring diagrams, circuit breaker panel layouts PBGR -001 02/28/00 12 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" * 5" x 8" Paint chips of each color used, including code numbers and paint manufacturer * Acceptance forms, copy of invoice, modular body MSO (Manufacturer's Statement of Origin), 30 -day temporary tag One (1) NO SMOKING /FASTEN SEAT BELT LABEL WO -20 -04 There shall be a "no smoking /fasten seat belt" label located in the cab. It shall be located in a plain view location within the cab area. One (1) OVERALL HEIGHT PLATE (NFPA) WO -20 -07 A permanent plate specifying the overall height of the vehicle shall be affixed in the cab and shall be located to be clearly visible to the driver when seated. One (1) MOUNT MICHELIN XZE TIRE ON 19.5 " RIM ZO -10 -00 One (1) rim is being provided without a tire, tire to be installed locally. One (1) CHASSIS RELATED EXPENSES ZO -30 -00 The manufacturer shall be responsible for chassis related expenses. This shall include handling, housing and inspection to insure that the chassis arrived as ordered. In addition, the manufacturer shall maintain garage keepers insurance for the full amount of the chassis value. A final inspection with a written report shall be provided upon completion of the unit. It shall include a road test plus any required adjustments to belts, headlight alignment, checking of all fluid levels and proper inflation of tires to the satisfaction of the city. Any PBGR -001 02/28/00 13 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" required repairs shall be performed prior to delivery. One (1) CHASSIS FLOORPLAN ZO -31 -00 The purchaser shall pay for the completed apparatus upon delivery and acceptance. NO pre- payments will be made by this agency. The manufacturer shall be responsible for any and all floorplan charges incurred on the chassis. One (1) LOCAL DEALER /REPRESENTATION ZO -40 -14 The manufacturer's representative shall provide the purchaser with local service. The local representative shall be knowledgeable on the product, and assist with inspections and delivery of the apparatus. It is not the intention of this agency to purchase a vehicle from a manufacturer that does not have local service or representation. Manufacturer must provide the name, street address, city and state, as well as 24 hour phone and fax number of the local representative. One (1) FACTORY INSPECTION TRIPS ZO -70 -02 The purchaser shall inspect the apparatus at the manufacturer's factory to insure compliance to the specifications. If the manufacturing facility is more than 250 miles from The City of Palm Beach Gardens, it shall be the manufacturer's responsibility to cover all associated costs for the inspections, including; overnight lodging, meals and local transportation. The inspection trip shall be for one (1) fire department member. One (1) TRANSPORTATION /DELIVERY OF ALS TRANSPORT UNIT ZO -70 -04 The completed ALS transport shall be delivered to the purchaser with full instructions provided to purchaser personnel on operation, care, and maintenance of the apparatus. The manufacturer shall notify the city of the exact completion date at least ten (10) PBGR -001 02/28/00 14 Refurbishment of Rescue Unit City of Palm Beach Gardens "Proposed Specifications" working days prior to completion. The apparatus shall be thoroughly inspected for compliance to this specification prior to acceptance and payment. If the apparatus is not ready, or major deficiencies are found, it will be the manufacturer's responsibility to cover all expenses associated in making the vehicle acceptable. The ALS transport being refurbished shall be picked up at the fire department and driven to the repair facility and then returned to the city for future use. PBGR -001 02/28/00 15 171. F C Palm Beach Gardens Fire Rescue "Options" March 2. 2000 1. Add new 19.5" Stainless Steel wheel inserts ................... $ 680.00 2. Add remote marine spotlight to top of cab ..................... $ 560.00 Respectfully Submitted, EMERGENCY VEHICLES, INC. J Davy M. Tali rcie;'Vi(f# Kresident Page 1 of 1 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORTQA STATUTES, ON PUBLIC ENTI'I1' CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Palm Beach Gardens (print wime of the public entity] by Dave M. Taliercio, Vice President [print individual's name and title] for Emergency Vehiclesp Inc. (print name of entity submitting sworn statement] whose business address is 705 13th Street Lake Park, Florida 33403 -2303 and (if applicable) its Federal Employer Identification Number (FEIN) is 65- 0045102 (If the entity has no FEIN, include.the Social Security Number of the individual signing this sworn statement: N/A ) 2. I understand that a 'public entity crime' as defined in Paragraph 287.133(1)(g), Florida $tatutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering. conspiracy, or material misrepresentation. 3. I understand that 'convicted' or 'conviction' as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a pica of guilty or nolo contendere. 4. 1 understand that an 'affiliate' as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecKsor or sucirnsor of a person convicted of a public entity mute, or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The tam 'affiliate' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that. one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a '.person' as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term 'person' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6_ Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or dae or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the catity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Howcmr, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor USL [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF TM.'q FORM TO THE CONTRACI -NG OFFICER FOR THE PUBLIC ENTITY MENTMED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTRY ONLY AND, THAT THIS FORM IS YA T Tn THROUGH DECEMBER 3L OF THE CAI -FND AR YEAR IN WHICH IT IS FrT•FT). I ALSO UNDERSTAND THAT I AM REQUIRM TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF TffF THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, ywRIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. A (signature] klarch 2, 2000 [date] STATE OF FLORIDA COUNTY OF PALM BEACH PERSONALLY APPEARED BEFORE ME, the undersigned authority, Dave M. Taliercio who, after first being sworn by me, affixed his/her signature (name of individual signing] in the space provided above on this 2nd day of March , WI2000 . My commission expires: r•�; JO ANNE ANTONACCI r_ MY COMMISSION ACC 776937 EXPIRES: September 21, 2002 Q.ded Thru Notary Public Underwriters Form PUR 7068 il6'TARY PUBLIC -t7 0Z g A r'T5!4a A\ /NT /Mr 040%r%A/1 r%A TV A ■ ■T■ ■0%r%I T%ff rrIDJAV I I Or CORPORA C HV I HOKI I i Dave M. Taiier cio, beii g first duly sworn upon his oath, deposes and says: That he is the duly elected Vice President of EMERGENCY VEHICLES, INC. and the following resolution was adopted at a regular meeting of the Board of Director's of said corporation held on April 13, 1988, and has not since been revoked, to wit: "Resolved, that Dave M. Taliercio shall be and he is hereby, authorized to submit a bid to the City of Palm Beach Gardens, Florida for the Refurbishment of One Rescue Unit, and to enter into a contract respecting the same, and to execute all necessary documents in connection therewith; and said grant of authority shall be attested to by the Secretary of the Corporation, who shall be bound by all documents executed by said officers under the powers stated herein." Incorporated Under the Laws of the State of Florida. X7� (Signature) Ernst R. Tetme, Secretary (Printed Name and Title) Before me, a Notary Public in and for said County and State, personally appeared Dave M. Taliercio, who acknowledge the truth of the statements in the foregoing affidavit, this 2``1 Day of March, 2000. My Commission _Fxnires: _ __ _ _ _ _ ...... �J'•• JO ANNE ANTONACCI 'g MY COMMISSION O# CC 776937 �•. z, EXPIRES: September 21, 2002 pF n Bonded Thru Notary Public Underwriters Wtary Public - State of Florida Martin (County of Residence) C:\MYFILES\81DDOCS \AFFIDAVIT OF CORP MANUFACTURING FACILITY: LOCATION: MANUFACTURING EXPERIENCE: WARRANTY: OTHER BENEFITS: Corporate Officer EMERGENCY VEHI ES, INC. STATE OF FLORIDA . COUNTY OF PALM BEACH EVIDOC # SM115 Emergency Vehicles, Inc. Palm Beach County, Florida 28 Years 15 -Year Structural Warranty — Module Body 12- Month /12,000 Mile Warranty —Conversion 5 -Year Warranty — Paint 5 -Year Warranty — Electrical Qualifies as an MBE Vendor Responsive Production Time Has Produced in Excess of 2200 Aluminum Modular Bodies Since 1974 Vehicles have been Tested and Certified to meet Federal Motor Vehicle Safety Standards, Including Standard #002 for Roll - Over Integrity Vehicles are Manufactured in Compliance to the Standards of the Ford "Qualified Vehicle Modifier" (QVM) Program Welding in Compliance to "American Welding Society S tandards" (AWSS) o . . , �/, �_ Title CORPORATE SEAL The foregoing instrument was acknowledged before me this 113' day of September, 1999 by Ernst R. Temme, who is personally known to me. L", �L "4,Me .Anne Antonacci Notary Public - State of Florida MyC _7.7._.:�z :::` -- _------ - - - - -` `:id'�au�lwroruccl =s M My COMMISSION f CC 776937 EXPIRES: September 21, 2002 Ba dod Thm Nobly NOW uneermiten N/_ STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES LICENSE YEAR LICENSE NUMBER 1999 - :_1000 MV 10068 EFFECTIVE DATE AS A MANUFACTURER OF 1pTOR7,:lViE - JgLES S 0 - 0; - 99 EMERGENCY VE41T, IN PO BOX 127,L-3 LAKE PA RK L 3__ 0 ;31� THIS CEF,ZIFIE_S% + J > � lam ;�: i�y� r.� S4 � l� - ���� e••. r, .' t! �,� �.� ��C '1 ` -�. IS H 320. CARF AT 1 "` - - "ON CLES GIVEN UNDER.-MY HAND AND SEAL THE ABOVE DATE WRITTEN. ♦ O A z `p I � 1 KJI:/[iC///��1 RbIRECTOR 13.3130 HSMV 84103 '�(R WnS STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES LICENSE YEAR LICENSE NUMBER 2000 -t�>'� VF 10589 EFFECTIVE DATE AS A DEALER IN FRANCHISED Mai RR,,--V2- ITTG— EIS 0, -- 0s - n0 - .:�"':• `��• t`� "i.-�w Jill mot? _.r:�t•E r� EMERGENCY VF�t��ICLC1~ Ri PO BOX `127-jjS LAKE PARK' ",'F= ti340_� THIS CER7'tFIE' -�1' i {' t:-- s11 ;J ► '-i= .w �,,., s:: � is _{,..�.i (��- -- �jy��rT�._� •��,1't�'�i � . � ��. Elf `'� ��}��: Cl 1 L.tt_E' 11`lC .�ar t � • ��i i1r rr # 4Wi�Fj 03 IS HE[ 320.2' CARRY MOTOR CTION GIVEN UNDER MY HAND AND SEAL THE ABOVE DATE WRITTEN. QDIRECTOR 137416 HSMV 84103 (REV. 7/85)S CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date prepared: March 20, 2000 Meeting date: April 6, 2000 Subject/Agenda Item: Recommendation to purchase one (1) Dodge Pick -up truck for Public Works Department Recommendation /Motion: Piggyback off State Contract #99 -07 -0913 Reviewed by: Originating Dept: Costs: $29,987.00 Council Action: PUBLIC WORKS Total City Attorney [ ] Approved /(l� Finance kk $ [ ] Approved W conditions Current FY ACM [ ] Denied Human Res. Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [X ] Not Required [ X] Other Fleet Fund 2 Memos Request Form Submitted by: Peter T. Berge[ 64P Interim Department Affected parties Budget Acct #: Director [ ] Notified 31- 3020 -539 -5420 [ ] None Approved by: City Mana er (] Not required Background: Sheriffs Association Contract i`'WRUVi�C LVLl7G UULJ t7,ii_� /LK1Y1C1 i1�C10 JUJOJJ6L7CJ TO: Art -City of Palm Beach Gardens From: Steven C. Henry CC: Daft 314/00 rHUt bl Dear Art, The following is the quote that you requested for a new Dodge one -ton Cab & Chassis equipped as follows: Automatic Transmission, Air Conditioning, Diesel engine, Spare; Tire, 9'11 Utility Body, Trailer Tow Package Anti -spin Rear Axle, On /Off Road Tires and an Electric Brake Controller. Your cost will be $27,974.. If you have any questions do not hesitate to call me. Thank you. Steve Henry Fleet Manager • Page S RFMV NEW VEHIGL/tUUINMtN I KtUUtJ I rUMIVI r if dUUU /tuU"I Irzaoo DEPARTMENT: Public Works DIVISION: Fleet NEW /REPLACEMENT FOR: 570 APPROVED: DATE: 1 2 3 4 FACTORY INSTALLED OPTIONS BASE VEHICLE: Dodge 1 Ton Pick -Up 4X4 Diesel w /service body VINLY REAR SEATS PUSH BUMPER SPOT LIGHTS ROOF REINFORCEMENT ESTIMATED COST $ 23,214.00 $ - $ 30.00 $ - $ - 1 2 3 4 FLEET INSTALLED OPTIONS TAG & TITLE SPECIAL WIRE TERINALS LENS KIT COMPUTER BRACKET ESTIMATED COST $ 54.00 $ - $ 100.00 $ - 5 REAR END SLIP $ - 5 RADIO,ANTENNA OLD CABLE ONLY) $ - 6 REAR DOOR LOCKS,HANDLE,WINDOW INOPERATIVE $ - 6 RADIO COMPLETE $ - 7 DOME LIGHT INOPERATIVE $ - 7 GRAPHICS $ 200.00 8 KEYED ALIKED & 3rd KEY $ - 8 LIGHT BAR, ARROWSTICK(OLD BRACKET ONLY) $ - 9 RADIO SUPPRESSION $ - 9 1 LIGHT BAR, ARROWSTICK COMPLETE $ - 10 i SILCONE HOSES $ - 10 SIREN,CONTROLLER OLD BRACKET ONL $ - 11 RAINSHIELD $ - 11 SIREN COMPLETE $ - 12 AUX FUSE BLOCK $ - 12 RACK FOR VANS $ - 13 ROOF WITHOUT HOLE $ - 13 TRUNK BOX COMPLETE $ - 14 TRAILER HITCH,TOW CHAINS ELECTRIC BRAKES $ 315.00 14 PHONE $ - 15 LIFT GATE $ 1,645.00 15 K -9 WARNING $ - 16 BED LINER $ - 16 SHOT GUN RACK $ - 17 KEYLESS ENTRY $ - 17 CAGE $ - 18 BACK -UP ALARM $ - 18 FIRST AID KIT $ 55.00 19 GRILL GUARD $ - 19 1 WINDOW TINT $ - 20 PRIVACY GLASS $ - 20 BACK -UP ALARM $ - 21 Posi Traction $ 334.00 21 STROBE LIGHTS $ - 22 MAP LIGHT $ - 22 TOOL BOX $ - 23 SKID PLATE $ - 23 FIRE EXTINGUISHER $ 30.00 24 A/C FRONT & REAR $ - 24 25 1ABS BRAKES $ - 25 26 LIGHT BAR COMPLETE $ 300.00 27 9' Service Body $ 3,395.00 28 Off road tires $ 315.00 TOTAL WITH OPTIONS $ 29,548.00 TOTAL FLEET INSTALLED $ 439.00 I TOTAL ESTIMATED VEHICLE COST REMARKS /JUSTIFICATION $ 29,987.00 TO: APPROVED: THROUGH: FROM: SUBJECT: CITY OF PALM BEACH GARDENS MEMORANDUM Nabar Enrique Martinez. DATE: March 21, 2000 City Manager Nabar Enrique Martinez City Manager Pete Bergel, Interim Director;'( Public Works CJ Richard Holliday, Project Coordinator A'10 Public Works Recommendation to Purchase City Vehicle At this time, the Public Works Department is requesting Council to consider a motion to piggyback off Sheriffs Association State Contract 499 -07 -0913 for the purchase of one (1) Dodge one ton pick -up for the Fleet Management Division at a total cost of $29,548.00. This will be paid from Account #001 - 245.0000, which represents encumbered funds from last fiscal year and was available due to down sizing of the fueling island proposal from $72,371.00 to approximately $30,000.00. Should you have any questions regarding this recommendation, please contact me. RH :jbv cc: Pete Bergel Bob Glancy File CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: March 27, 2000 Subject/Agenda Item Request approval for special event: Shriner's Circus, sponsored by Amara Shrine Temple Recommendation /Motion: Staff recommends approval of the special event. Reviewed by: Originating Dept.: Costs: $_NA Council Action: Total City Attorney NA [ ]Approved. Finance NA $ ( ] Approved -/co dtio. Current FY ACM [ ] Denied Human Res. Other Police, Fire, Funding Source: [ ] Continued to: Advertised: NA Attachments: Growth Manaqement, Public Works Date: [ ] Operating Paper: [ x] Not Required [ ] Other I Submitted by: Beth Ingold -Love Affected parties [ x ] Notified Budget Acct. #:: [ ] None Approved by: [ ] Not required BACKGROUND: This is a request from Amara Shrine for permission to hold a special event, the Shriner's Circus, at the property of Amara Shrine, located at 3650 RCA Boulevard. The event is scheduled for April 19, 2000 through April 23, 2000. The applicant expects approximately 2,000 to 2,200 people per performance. Details of the event are on the attached page, along with the special event application. City staff have reviewed and recommend approval of the request from Amara Shrine. Surrounding neighborhoods and the County have been notified of the event (letters attached). SPECIAL EVENT PERMIT APPLICATION ROUTING SLIP/PERMIT TO: BUILDING DEPARTMENT PUBLIC WORKS GROWTH MANAGEMENT POLICE DEPARTMENT FIRE DEPARTMENT PARKS & RECREATION FR: Beth Ingold -Love, Public Information Officer RE: SPECIAL PERMIT APPLICATION DATE: ����G /U ov PLEASE REVIEW THE ATTACHED SPECIAL PERMIT APPLICATION FROM: 0Mk4A0 'S" - (a&at'a) A p� - 19 - '-" -�) J a 000 SPACE IS PROVIDED BELOW FOR YOUR CONDITIONS /APPROVAL/DENIAL. THEN ROUTE TO BETH INGOLD. DEPARTMENT —BUILDING PUBLIC WORKS GROWTH MAN. /POLICE FIRE PARKS & REC. APPROVAL DENIAL V1 /-� A 0 V d qduu''l-rCL CONDITIONS FINAL APPROVAL — CITY MANAGER'S OFFICi City Manager /Assistant City Mauager/PIO COMMENTS PLEASE RETURN TO CITIZEN SERVICES BY � _. THANK YOU - THE CITY OF PALM BEACH GARDENS SPECIAL EVENT PERMIT APPLICATION Applicant Name Xentel Inc. c/o Peter FettingDate December 23, 1999 • Applicant Address 888 South East 3 Ave. Suite 201, FT. Lauderdale, FLA, 33316 -1159 Applicant Phone Number ( 954) 522 -5200 FAX ( 954) 524 -5183 Organization/Group Represented Amara shriners Organization/Group Contact Person(person responsible for event)Wal ly Cdleman Organization/Group Address 3650 R.C.A. Blvd. Palm Beach Gardens, FLA, 33410 Organization/Group Phone Number ( 561 ) 310 -0329 Check one: Profit x Nonprofit *Attach letter of authorization from property owner if applicant is other than property owner. NameofEvent Amara Shrine Circus Expected Attendance 20, 000 LocationofEvent 3650 R.C.A. Blvd. palm Beach Gardens, FLA. 33410 Event Date(s) April 19 - 23, 2000 Event Times See Attached Purpose of Event See Attached Provide a description of the event, including event activities, vendors, temporary signs or banners, tents, entertainment, temporary structures, waste removal, sanitary facilities, etc.* See Attached *Attach site plan indicating location of event, activities, size and location of signs, sign content, alcohol sale and consumption, vendors, etc. Note: Balloons are not permitted by City Codes. I Indicate which of the following activities you are requesting in conjunction with this application. Specify number for each, where applicable. Retail Vendors* Yes Alcohol Sale/Consumption * ** No Tents Yes _ Food Vendors ** Yes Cookout Areas No Signs or Banners Yes Entertainment (or other) See Attached Food Service No Sign Content_ See Attached *Provide list of retail vendors and attach copies of Occupational Licenses or license numbers. * *Provide a list of food vendors, License numbers, and types of food proposed. ** *Attach copy of permit from State of Florida Liquor Board. I Do you request Police Department Services? x Yes No Do you request Fire Department Services? Yes x No Do attachments include: Liability Bond Yes Certificate of Insurance? t I hereby certify that Uwe will be responsible for the preservation, sanitation and clean up of the areas used for the Special Event. Additionally, Uwe will comply with all other City regulations. Uwe certify that there are no misrepresentations, omi alsifications in the foregoing statements and answers. Signature i Date V (/.,m N PERMIT FEE STRUCTURE Special Event Permit Fee: $50.00 per day Non- Profit Organization: No fee assessed upon proof of non - profit status. Make checks payable to the City of Palm Beach Gardens. Send application to: City Manager's Office City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410-4698 0 Checklist of Attachments Site plan/map Occupational licenses(s) Property owner approval List of vendors with license numbers Permit (sale of alcohol) Food service vendors with license numbers Certificate of Insurance Parade information Liability Insurance December 23, 1999 City Of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attention: Ms. Beth Ingold -Love )?E. Special Event Permit Application Dear Ms. Ingold -Love: CXCNt� INC. 888 SE Third Avenue, Suite 201 Fort Lauderdale, Florida 33316-1159 Tel: (954) 522 -5200 Fax: 54) 524-5183 The Amara Shrine Circus is scheduled to perform at the Amara Shrine Complex on April 19`s with one performance at 7:30; April 20`h two performances at 4:00pm and 7:30pm; April 21' — 22nd three performances at 12:00 noon, 4:00pm and 7:30pm and April 23`d two performances at 1:00pm and 5:00pm. April 18d' has been scheduled for set up day and the tent will be fully cleared off the Amara Shrine Complex the morning of April 23`d. The Amara Shrine Circus is conducted under a European style single ring BIG TOP tent, which has a seating capacity of 2,700 per performance and the seating system is made up of 65% bleacher seating with 35% chair seating. Also enclosed, please find information on the fire and flammability testing, fire and safety watch plan and Circus tent specifications as outlined on a copy of the BIG TOP blue prints. The Circus Maximus concession department is managed by Southwest Concessions Inc. and will consist of a single trailer situated under the canopy at the front entrance of the BIG TOP. All foods sold on site are from approved sources to include Hot Dogs, Cotton Candy, Pop Corn, Snow Cones and beverages. Hand wash facilities are provided in each food processing area. A supply of hot and cold water along with liquid soap and paper towels are available to both equipment washing and hand washing sinks. Water for the concession unit is supplied by way of a city fire hydrant. Portable washrooms (11 facilities) are provided (5 male, 5 female &1 handicap). Handy wipes are available at the washrooms which are cleaned before and after each performances daily. Waste bins will be available for both animal and food waste. Sincerely, Peter Fetting PF /ac ez�.,_., ALLIED SPECIALTY INSURANCE OF CANADA, LTD. 100 Colborne St.N. Suite 2, Simcoe, Ont. N3Y 2V1 1-- 519426 -3757 Fax: 1-519426-2498 CERTIFICATE OF INSURANCE NAMED INSURED: POLICY #: COMPANY.- EXPLRYDATE: COMMERCL4L GENERAL LL4BLLITY: Circus Maximus 2317 South Hall Street, Webb City, Missouri, USA. 99 MF 2136 T.H.E. Insurance March 24, 2001 $2,000,000 ADD17YONAL INSUREDS: Amara Shrine Temple A.A.O.N.M.S., it's Shrine, Clubs, Trustees, Directors, Members, Divisions, Subsidiaries, affiliated companies, corporations & /or units as now or hereafter constituted; The jmperial Council, A.A.O.N.M.S. an Iowa Corporation; Tarzan Zerbini Circus, Circus Maximus Inc., Maple Leaf Leasing Inc., Xentel Inc. and the City of Palm Beach Gardens, Tlordia, USA. Date: April 19 — 23, 2000 Location: Amara Shrine Complex Fax To: Wally Coleman (516) 334 -1020 It is hereby understood and agreed that the above noted additional named insured, is added, but only as their vicarious interests relates to the operations of the named insured. The insurance afforded is subject to the terms, conditions and exclusions of the policy. The certificate is issued as a matter of information only and confers no rights on the holder or imposes no liability on the insurer. The insurer will endeavour to mail to the holder of this certificate fifteen (15) days written notice of any material change in or cancellation of these policies, but assumes no responsibility for the failure to do so. Marilyn Yardley November 15, 1999. Accoun Represe to Signed Da id S President, it Specialty Insurance, Florida. DEC 08 '99 17 =20 519 578 9752 PAGE.02 LAYOUT PLAN SCHEDULE "B" FIRE AND SAFETY WATCH PLAN There are ten emergency exits, 7' in width, each to be manned at all times by two team members 20 in total. Each exit will be equipped with one 2A/IO13C fire extinguisher. Each exit will be identified by an illuminated EXIT sign (as per building code). Public address system will be used as an Alarm system to help guide patrons out of the tent in case of an emergency. Prior to each performance, a safety announcement message will be made pointing out exit locations and "Fire Safety Watch Team ". The bleachers will be broken into 10 zones (one for each exit). Two team members will be stationed at the top of each zone and will act as fire and general emergency watch team. In the event of a fire or any other emergency within any given zone, one team member will immediately advise the ring master and then return to his/her zone. The ring master will immediately stop the performance and advise the audience to leave the tent in an orderly fashion by the closest exit. The chief of the team will go to the closest phone (circus box office) and call the fire depai anent for assistance. Safety and fire watch team will man their zones until all patrons are out of the tent and then disband. The St. John Ambulance will be on hand at all performances to attend any injuries. CAN/ULC -S109 Flame Resistance of PVC - Coated Fabric A Report To: GWE Group Inc. 10 Kodiak Crescent Toronto, Ontario M3J 3G5 Attention: Peter Fetting Submitted By: Fire & Flammability, Advanced Verification Systems Report No. 98- J52- 95- 36- 296(B) 2 pages + 1 page appendix Date: June 8, 1998 ORTECH ORTECH Corporation, 2395 Speakman Dr., Mississauga, Ontario, Canada L5K 1B3 Phone: (905) 822 -4111 Fax: (905) 823 -1446 l) This report is provided pursuant to an agreement between ORTECH Corporation and the addressee in respect of services provided to the addressee, and is subject to the terms of the agreement, and the limitations stated in the report. 2) This report is for the consideration of the addressee only, and may riot be published or distributed without our written consent. Anyone other than the addressee who receives a copy of this report is advised that there are limitations concerning its contents which may require professional interpretation. ORTECH has no liability to anyone, other than its contractual obligations to the addressee, for any losses, expenses or damages occasioned by the use, distribution or circulation of this report. 3) Neither this report nor our name may be used in any way in connection with the sale, offer or advertisement of any article, process or service, the raising of capital or the mak- ing of any investment. 4) This report refers only to the particular samples, units, material, instrument, or other subject used and referred to in it, and is limited by the tests and/or analyses performed Similar articles may not be of like quality, and other testing and/or analysis programs migh,' be desirable and might give different results. The mention of commercial products, then source or their use in connection with material reported in this report is not to be construes as an actual or implied endorsement. 5) Apart from ORTECH's obligations to meet normal professional standards in petfor mance of the agreement, there is no representation, warranty. guarantee Of other obligation of ORTECH or its employees arising out of this report. In particular, ORTECH makes nc warranty or representation with respect to the usefulness of any information, apparatus method or process disclosed in this repo", or that the use of any information, apparatus method or process disclosed in the reran" may not infringe mwarcly owned rights. ORTECH CAN/ULC -S109 Flame Resistance of PVC - Coated Fabric Page 1 of 2 For: GWE Group Inc. Report No. 98- J52- 95- 36- 296(B) ACCREDITATION Standards Council of Canada, Registration #1B. REGISTRATION ISO 9002 -1994, registered by QMI, Registration #001109. SPECIFICATIONS OF ORDER Determine flame resistance in accordance with the CAN /ULC- S109 -M87 Small and Large Flame Tests, as per your authorization dated May 28, 1998. IDENTIFICATION; PVC - coated fabric identified as "Precontraint 702". (ORTECH sample identification number 98- J52- S0296) TEST RESULT$ CAN /ULC -S109 Small -Flame Test Tested "as- received ". Damaged Flaming Afterflame Length (mm) Dripping (s) Time (s) Machine 1: 76 0.0 2.6 2: 60 0.0 0.0 3: 65 0.0 2.1 4: 70 0.0 1.5 5: 70 0.0 0.0 Cross 6: 65 0.0 1.2 7: 55 0.0 1.5 8: 55 0.0 0.0 9: 70 0.0 2.1 10: 75 0.0 0.0 Average: 66 Maxima Specified by ULC -S109 Small Flame Test: 165 - - (average) 190 2.0 - (individual) ORTECH CAN /ULC -S109 Flame Resistance of PVC - Coated Fabric Page 2 of 2 For: GWE Group Inc. TEST RESULTS (Cont..) CAN /ULC -S109 Large Flame Test Tested "as- received" and in single sheet configuration. Report No. 98- J52- 95- 36- 296(B; CONCLUSIONS When tested in the as- received condition, the vinyl fabric identified in this report meets the flammability requirements of the Small and Large -Flame Tests of CAN/ULC -S109. .A. Carleton, Fire & Flammability, Advanced Verification Systems. L G(/ ,Q I- E.W. Simmons, Fire & Flammability, Advanced Verification Systems. Damaged Flaming Afterflame -enath (mm) Dripping (s) Time (s) Machine 1: 0 0.0 0.0 2: 0 0.0 0.0 3: 0 0.0 0.0 4: 0 0.0 0.0 5: 0 0.0 0.0 Cross 6: 0 0.0 0.0 7: 0 0.0 0.0 8: 0 0.0 0.0 9: 0 0.0 0.0 10: 0 0.0 0.0 Average: 0 Maxima Specified by ULGS109 Large Flame Test: 250 - - (average) - 2.0 - (individual) CONCLUSIONS When tested in the as- received condition, the vinyl fabric identified in this report meets the flammability requirements of the Small and Large -Flame Tests of CAN/ULC -S109. .A. Carleton, Fire & Flammability, Advanced Verification Systems. L G(/ ,Q I- E.W. Simmons, Fire & Flammability, Advanced Verification Systems. ORTECH CAN/ULC -S109 Flame Resistance of PVC - Coated Fabric For: GWE Group Inc. APPENDIX (1 Page) Summaries of Test Procedures Report No. 98- J52- 95- 36- 296(8; ORTECH CAN /ULC- S109 -M87 Standard Methods of Tests for Flame- Resistant Textiles and Films Small -Flame Test Ten specimens are cut, each 70 x 250 mm, with five in the warp direction and five in the weft direction, where applicable. The specimens are conditioned for 30 minutes at 105 °C, or if they melt or distort at these temperatures, 18 - 22 °C at 50% R.H. for at least 12 hours. Each specimen is removed from the conditioning chamber individually, clamped in a U- shaped metal holder and suspended in a specified cabinet. The free edge of the specimen is positioned 20 mm above the tip of a gas burner which has been adjusted to yield a flame height of 40 mm. Flame exposure time is 12 seconds. Char length and afterflame time are measured. Flame Resistance Requirements: Maximum Average Length of Char or Destroyed Material for Ten Specimens 165 mm Maximum Length of Char or Destroyed Material for any Specimens 190 mm The specified maximum flaming time for residue on the floor of the tester from any specimen is 2.0 seconds. Large -Flame Test For conducting flame tests of fabrics in single sheets, the procedure specifies ten specimens, 125 mm by 750 mm to 2100 mm long. The specimens are conditioned at 105 t2 °C for 30 minutes or, if distortion or melting occurs at these temperatures, 20 t 2 °C at 25 - 50% relative humidity for at least 12 hours. Each specimen is removed from the conditioning chamber and cooled in a desiccator prior to being suspended in a steel stack 310 mm square and 2130 mm high, the said stack being open both top and bottom and supported 300 mm above the floor. The lower edge of the specimen is positioned 100 mm above the tip of a gas burner which is inclined at 250 to the vertical. The burner, which has been adjusted to yield a flame 280 mm in height is ignited and inserted directly beneath the specimen for 2 minutes. Char length is measured from the tip of the flame, upwards. For conducting flame tests of fabrics hung in folds, at least four specimens 625 mm by 750 mm to 2100 mm are required. Each specimen is folded longitudinally to form four folds. Flame Resistance Requirements - Specified Maxima; Specimen Configuration Single sheets Folded Char Length or Damaged Material Length (mm) 250 635 Flaming Residue on Floor of Tester —W 2.0 2.0 NFPA 701 -1989 Large Scale Flame Resistance of PVC - Coated Fabric A Report To: GWE Group Inc. 10 Kodiak Crescent Toronto, Ontario M3J 3G5 Attention: Peter Felting Submitted By: Fire & Flammability, Advanced Verification Systems Report No. 98- J52- 95- 36- 296(A) 1 page + 1 page appendix Date: June 8, 1998 4) MR-111 ORTECH ORTECH Corporation, 2395 Speakman Dr., Mississauga, Ontario, Canada L5K 1B3 Phone: (905) 822 -4111 Fax: (905) 823 -1446 1) This report is provided pursuant to an agreement between ORTECH Corporation and the addressee in respect of services provided to the addressee, and is subject to the terms of die agreement, and the limitations stated in die report. 2) This report is for the consideration of the addressee only, and may not be published or distributed without our written consent Anyone other than the addressee who receives a copy of this report is advised that there are limitations concerning its contents which may require professional interpretation. ORTECH has no liability to anyone, other than its contractual obligations to die addressee, (or any losses, expenses or damages occasioned by the use, distribution or circulation of this report. 3) Neither this report nor our name may be used in anyway in connection with the sale, offer or advertisement of any article, process or service, the raising of capital or the mak- ing of any investment. 4) This report refers only to the particular samples, units, material, instrument, or other subject used and referred to in it, and is limited by die tests and/or analyses Perfotmed ' Similar articles may not be of like quality, and other testing and/or analysis Pry their desirable and might give different results. The mention of commercial p source or their use in connection with material reported in this report is not to be construed as an actual or implied endorsement. 5) Apart from ORTECH's obligations to meet normal Professional standld trance of the agreement, there is no representation, warranty, guarantee or other of ORTECH or its employees arising ut of this report. In particular, ORTECH ,baker no warranty or representation with respect to the usefulness of any information' apparatus' method or process disclosed in this report, or that the use of any information, apparatus, method or process disclosed in the report may not infringe privately owned to-- ORTECH NFPA 701 -1989 Large Scale Flame Resistance of PVC - Coated Fabric Page 1 of For: GWE Group Inc. Report No. 98- J52- 95- 36 -296(A ACCREDITATION Standards Council of Canada, Registration #1 B. REGISTRATION ISO 9002 -1994, registered by QMI, Registration #001109. SPECIFICATIONS OF ORDER Determine flame resistance in accordance with the NFPA 701 -1989 Large Scale Test, as per your authorization dated May 28, 1998. IDENTIFICATION PVC - coated fabric identified as "Precontraint 702 ". ( ORTECH sample identification number 98- J52- S0296) TEST RESULTS NFPA 701 Large Scale Test Tested as- received and in single sheet configuration Average: 0.0 Maxima Specified by NFPA 701 Large Scale Test: 10.0 2.0 No (individual) (above tip of flame) CONCLUSIONS When tested in the as- received condition, the PVC - coated fabric identified in this report complies with the requirements of the NFPA 701 -1989 Large Scale Test. R.A. Carleton, Fire & Flammability, Advanced Verification Systems. E.W. Simmons, Fire & Flammability, Advanced Verification Systems- Char length Afterflame Flaming (inches) Time (s) Drips? 1: 0.0 0.0 No 2: 0.0 0.0 No 3: 0.0 0.0 No 4: 0.0 0.0 No 5: 0.0 0.0 No 6: 0.0 0.0 No 7: 0.0 0.0 No 8: 0.0 0.0 No 9: 0.0 0.0 No 10: 0.0 0.0 No Average: 0.0 Maxima Specified by NFPA 701 Large Scale Test: 10.0 2.0 No (individual) (above tip of flame) CONCLUSIONS When tested in the as- received condition, the PVC - coated fabric identified in this report complies with the requirements of the NFPA 701 -1989 Large Scale Test. R.A. Carleton, Fire & Flammability, Advanced Verification Systems. E.W. Simmons, Fire & Flammability, Advanced Verification Systems- ORTECH NFPA 701 -1989 Large Scale Flame Resistance of PVC - Coated Fabric For: GWE Group Inc. Report No. 98- J52- 95- 36 -296(A APPENDIX (1 Page) Summary of Test Procedure 'WR 08 '00 13 =55 FR 4166334643 To: Wally Colcman Mr_ Jack Wilson 404 Kelsey Park Drive Palm Beech Gardens, Fl. 33410 Mr. Ray Colecchio 100 West Tall Oaks Cirr:le Palm Beach Oardem, Ft. 33410 The Honorable Karen Mnrcus Board of County Commissioners Palm Beach County Governmental Center 301 North Olive Avenue west Palm Bach, Fl. 33401 4166334643 TO 87772115 - 561334. P.01%g1 Fax: (561) 334 1020 Once again the Nobles of Amara Shrine would like to infotrn you of our Annual event to be h4d at the Amara Shrine Complex 3650 RCV Blvd., Palm Beach Gardens, Florida, The Circus consists of a set -up area on the parking lot of the Amara Shrine Complex measuring approximately 200' x 400 ft where a single ring European style Big Top Tent would be erected. Performances will be conduced under the Big Top from April 19 through 23 for a total of 12 performances. The Circus eaters to moms & dads with children and of roust in particular, children with special needs. We plan to utilize Palm Beach Gardens Police Department to maintain traffic and security. Also the Fire Department will make certain that everything is up to the code stud that fire isnes rare maintained. Amara is looking forward to this functim in particular, holding it in our community. Amara has a very active Children's Hospital program with over 1,400 children involved. We hope to have a large nurn!W in atterdarroe at ft Circus. If there are any conc.wu of questions about this event, please contact the Amara Shrine Circus Chairman Wally Coleman at 310 — 0329 or the Amara Shrine Complex. Our regular offloe hours ara Monday through Friday from 8M an to 4:00 pm. Sincerely, *- TOTAL PAGE-01 " 07nTt,CC- .., .T tic rT /b7. /9A V #�o ED ORR POU"tAtC 200.0_ George Thurlow Mid" Snitkkt Chid Rabban Aaaletw% Robben . S 1 A.A.O.N.M.S. P.O.- Bax 30535, MOO R.C.A. Boulevard Pa>m Bc h Gardcas. Florida SU10 1560627-2100 - (561 )627 -2103 Fax Daniel man " Coleman Earle t avktq Torte TharW sobs J. aternm NO Priest a. Praptm Oriental Guido Try R March 9, 2000 Mr. lack Wilson 404 Kelsey Park Drive Palm Beach Gardens, FL 33410 Dear Mr Wilson: Once again the Nobles of Amara Shrine would like to inform you of our Annual event to be held at the Amara Shrine Complex, 3650 RCA Blvd, Palm Beach Gardens, Florida The Circus consists of a set -up area on the parking lot of the Amara Shrine Complex measuring approximately 200' x 400 R where a single ring European style Big Top Tent would be erected. Performances will be conducted under the Big Top from April 19 through 23 for a total of 12 performances. The Circus caters to moms and dads with children and of course in particular, children with special needs. We plan to utilize Palm Beach Gardens Police Department to maintain traffic and security. Also, the Fire Department will make certain that everything is up to the code and that &e lanes are maintained. Amara is looking forward to this function, in particular. holding it in our community. Amara has a very active Children's Hospital program with over 1,400 children involved. We hope to have a large number in attendance at the Circus. If there are any concerns or questions about this event, please contact the Amara Shrine Circus Chairman Wally Coleman at 310 -0329 or the Amara Shrine Complex. Our regular office hours are Monday through Friday from 8:00am to 4:OOpm. Sincerely. 07n ThCC TOC TO - I T t/r.r. T /bl /90 ED ORR rote"wir 2000 Gage f1 k*wel 'Snitkin Chief Rates Asslstant Robban A.A.O.N.M- :S. P.U. Doi 10535, 3"o YLC.A. Boulevard palm beach Gardens, Florida 53410 (561)6V-?100 - (561 )627 -21.03 Fax Daniel "Dan " CoWnan Marta Lowing Torts Tbarsen Sob J. SU mm Hipp Priew & Proptwt Oriental Gulch T Roovrdw March 9, 2000 The Honorable Karen Marcus Board of County Commissioners Palm Beach County Government Center 301 North Olive Avenue West Palm Beach, FL 33401 Dear Ms Marcus: Once again the Nobles of Amara Shrine would like to inform you of our Annual event to be held at the Amara Shrine Complex, 3650 RCA Blvd, Palm Beach Gardens, Florida. The Circus consists of a set -up area on the parking lot of the Amara Shrine Complex measuring approximately 200' x 400 ft where a single ring European style Big Top Tent would be erected. Performances will be conducted under the Big Top from April 19 through 23 for a total of 12 performances. The Circus caters to moms and dads with children and of course in particular, children with special needs. We plan to utilize Palm Beach Gardens Police Department to maintain traffic and security. Also, the Fire Department will make certain that everything is up to the code and that fire lanes are maintained. Amara is looking forward to this function, in particular, holding it in our community. Amara has a very active Children's Hospital program with over 1,400 children involved. We hope to have a large number in attendance at the Circus. If there are any concerns or questions about this event, please contact the Amara Shrine Circus Chairman Wally Coleman at 310 -0329 or the Amara Shrine Complex. Our regular office hours ate Monday through Friday from 8:00am to 4:00pm. Sinc ly J r CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 6, 2000 Date Prepared: March 23, 2000 SUBJECT /AGENDA ITEM: Consideration of Approval of Resolution 24, 2000, authorizing the Mayor and City Clerk to execute a Release of Drainage Easement for an easement located along the eastern boundary of the Northcorp Planned Community Development ( "PCD "). RECOMMENDATION: Approval of Resolution 24, 2000 Reviewed by: Originating Dept: Costs: Council Action: City Attorne City Attorney Not Applicable [ ) Approved Approved with conditions Funding Source: [ ] Denied [ ] Continued to: Submitted by: Advertised: City Attorney Date: Not applicable Paper: ( X] Not Required Approved by: Attachments: City Manager Affected parties: Resolution 24, 2000 Release of Easement [ ] Notified ( X] Not Required M E M O R A N D U M WATTERSON, HYLAND & KLEIT, P.A. To: Hon. Mayor and City Council From: Leonard G. Rubin, City Attorney Subject: Approval of Resolution 24, 2000 File No: 319.055 Date: March 22, 2000 This is a request for approval of Resolution 24, 2000, that would authorize the Mayor and City Clerk to execute a release of easement pertaining to a drainage easement located along the eastern boundary of the Northcorp Planned Community Development. As determined by the City Engineer, this easement is no longer necessary due to the construction and maintenance of a drainage ditch along the property purchased from the FEC Railway by the developers of Northcorp. In exchange for a release of the current drainage easement, Northcorp has granted the City an easement over the drainage ditch and has accepted the maintenance obligation therefor. The Council should note that the abandonment of the drainage easement at issue is a condition precedent to the development of Lot 12 within the Northcorp PCD. The Council recently approved a site plan for Lot 12 ( Northcorp Deli). In support of this request, I have attached copies of a letter dated January 7, 2000, from Lawrence W. Smith, Esquire, attorney for Northcorp, a memorandum dated October 20, 1999 from Sean Donahue, a copy of the original drainage easement, and a copy of the new drainage easement granted in favor of the City. The actual Development Agreement referenced in the Resolution is set forth in the backup materials for Resolution 31, 2000. Should you have any questions relative to the foregoing, please do not hesitate to contact me. cc: Nabar E. Martinez, City Manager P: \CPWin \History\000306A \446.23 (scw) (319.055) RESOLUTION 24, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RELEASE OF DRAINAGE EASEMENT RELATING TO THE NORTHCORP PLANNED COMMUNITY DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in Resolution 7,1998, the City Council authorized the Mayor and City Clerk to execute a Development Agreement with Northcorp Development, John C. Bills Enterprises, and Palm Beach Community Church ( "Development Agreement ") to provide fora comprehensive drainage solution with regard to the development of certain properties comprising the Northcorp Planned Community Development ( "PCD "); and WHEREAS, the comprehensive drainage solution set forth in the Development Agreement included the construction and maintenance of a drainage ditch along property purchased from the FEC Railway, thereby eliminating the need for a 50 foot drainage easement running parallel to the east boundary of the PCD; and WHEREAS, release of the easement is a condition precedent to the development of Lot 12 of the PCD, upon which the City Council recently approved the construction of the Northcorp Deli; and WHEREAS, in exchange for the release of the 50 foot drainage easement, Northcorp Development is granting the City an easement over the drainage ditch and the right to record a lien against the property if the drainage ditch is not maintained; and WHEREAS, the City Engineer has reviewed the foregoing and concurs with the release of the drainage easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute the Release of Drainage Easement attached hereto as Exhibit "A" and incorporated herein by reference, thereby releasing the 50 foot drainage easement along the eastern boundary of the PCD. Section 2. This Resolution shall become effective immediately upon adoption. MAYOR JOSEPH R. RUSSO Resolution 24, 2000 Page 2 ATTESTED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK PACPWin\HI STORY \000306A \43F.17\stm(1501.000) This instrument prepared by and return to: Lawrence W. Smith, Esq. Gary, Dytrych & Ryan, P.A. 701 U.S. Highway One, Suite 402 North Palm Beach, Florida 33408 RELEASE OF DRAINAGE EASEMENT The City of Palm Beach Gardens, Florida being Grantee under that certain Drainage Easement recorded at Official Records Book 6709, Page 1387 Public Records, Palm Beach County, Florida ( "Easement'), for and in consideration of ten dollars (510.00) and other good and valuable consideration, hereby releases and abandons said Easement of record. Witnesses: Mayor Print Name: Attest: Print Name: City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged by me this _ . as Mayor of the City of Palm Beach Gardens. day of , by Notary Public State of Florida My commission expires: Personally known or Produced Identification . Type of identification produced STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged by me this day of b as City Clerk of the City of Palm Beach Gardens, Personally known GMocsWM01Wrt1nW oFaumm By; Notary Public State of Florida My commission expires: or Produced Identification Type of identification produced January 7, 2000 Via Fax and U.S. Mail 775 -1014 Kim Glas, Senior Planner Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Release of Drainage Easement — Northcorp PCD Dear Kim: RICHARn C. DyiRYCH 197S-19% 701 I;S_ HIGHWAY OM SUM M2 NORTH PALM BEACH, FLORIDA 33400 TELEPHONE (561)1144.77410 FAX (561"44-2384 Pursuant to our telephone con1 oration, please consider this letter a request for an abandonment of the 50' drainage easement in the Northcorp PCD which runs parallel to the east boundary of the PCD property between Burns Road and RCA Boulevard. The easement was dedicated by separate instrument recorded at Official Records Book 6709 page 1387, public records of Palm Beach County, Florida, a copy of which is enclosed. I am also enclosing a memorandum from Sean Donahue, to Jack Hanson dated October 20, 1999 confirming that the City Engineer's Office has approved the abandonment. Finally, I am enclosing a proposed Release ofDrainage Easement to be executed by the City to complete the abandonment. Please call me if you have any questions. Sincerely, P awrYDytrych & Ryan, P.A. nce W. Smith, Esq. LWS /edc enclosure(s) cc: Carole Post, Esq. Via fax: 627 -5600 Sean Donahue Via fax: (561) 286 -3925 Jim Griffin Via fax: 694 -8709 9-MOC34-SW[91�6l h b'ivBZ:QI 1111F 'RI VQ -� -x- off, ,.. gam, nyE,yck 9- kyz FROfEMSIONAL ASSOCIATION JOHN W. GARY,nl JAMES IL RYAN DONALD R. H(CINELI., JR. LAWRENCE W. sNUTH ALYS NAGLER DANUMS k'Lt ICR M. ARMOLD JODY H. OUV ER GREGORY C. PICKET 1 January 7, 2000 Via Fax and U.S. Mail 775 -1014 Kim Glas, Senior Planner Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Release of Drainage Easement — Northcorp PCD Dear Kim: RICHARn C. DyiRYCH 197S-19% 701 I;S_ HIGHWAY OM SUM M2 NORTH PALM BEACH, FLORIDA 33400 TELEPHONE (561)1144.77410 FAX (561"44-2384 Pursuant to our telephone con1 oration, please consider this letter a request for an abandonment of the 50' drainage easement in the Northcorp PCD which runs parallel to the east boundary of the PCD property between Burns Road and RCA Boulevard. The easement was dedicated by separate instrument recorded at Official Records Book 6709 page 1387, public records of Palm Beach County, Florida, a copy of which is enclosed. I am also enclosing a memorandum from Sean Donahue, to Jack Hanson dated October 20, 1999 confirming that the City Engineer's Office has approved the abandonment. Finally, I am enclosing a proposed Release ofDrainage Easement to be executed by the City to complete the abandonment. Please call me if you have any questions. Sincerely, P awrYDytrych & Ryan, P.A. nce W. Smith, Esq. LWS /edc enclosure(s) cc: Carole Post, Esq. Via fax: 627 -5600 Sean Donahue Via fax: (561) 286 -3925 Jim Griffin Via fax: 694 -8709 9-MOC34-SW[91�6l h b'ivBZ:QI 1111F 'RI VQ 11/17/88 16:28 FAZ 407 694 8709 J.C.RILIS +++ CARY JOW4 Q002/00�2 11/03/1999 11.16 5616997 ' KESHAVARrZ r+uv -tiri-J-� lb: ey IBFi.4 - STUVT �. 561 286 3 PAGE e2/,az �. i Ibf _. _ 11NCAtiL, BROM4M, FERRM g F( l.SiROM, INC. aaMCRV 4 PAPPaas 1n: lackHaiason FROM: scan Donsbue DATE: 10/24/99 SUCACT: Drairup Odom for the nC Ditch AF5 NUMaEpt- 99 -4082 At Narthevrp P.C.D. Rye bavc m owed the dral=ge aline om &r the FW Diit& at Nottbca:p P.C.D., Abaado=cg of Exutiag 50' Dt lWc F..w=cg as p gmcd by Kes1Mua A Aaadkm and received C=ber 14,1999. Sawed W= enr review of0rose calauladan9 and a phone covvenufion with Mazur Kasbavar - we offer the fallowing eou,u mts. 1) The applicant has misfted tha rogWr==ts for all drai utge calpiUfiow. All cA&ty =9 cameccns have bean addreaaed.. We have na addWansl ca=meats. Si]/TFMAM - cc: Roxaaae Meaning X *1jroje=VaaaARaoti4Q3Z40s2b-&c -- - - hrtattf fa Raata -Y.w. 1y Oa�4. CZ7�H/�pMp•p�auDo61M• hlaaf•rV�ir�tne..dt aSbA a w_C�y �I�r. ��45 �•;.74i00•ffetll�t� • fraSita6.3Q?} TOTAL P.02 US d 3 $s ''Pd 111V6 Z 01 0001 'roll galj MUGM : FIG -99- 786942 12/0611999bS30:41pm i U- X5-•1941 =b W11-021,632 11- 021632 i- Oil 6709 is 1387 i Gu �M,yM 00C .S5 MAMCE E7WfM = THIS EASMICUT, made this _ /YZ'V' day of January, 1991 between CTB REALTY VE2nMM XvI, Imc. , a Connect cut corporation (hereinafter referrs4 to as "Grantor ") WA the CITY of PAth 9BACI1 QM WS, a xunicipal corporation existing under the laws of the State of Florida (hereinafter referred to as "Grants-"). tLITH EBBBTHI That Grantor, in consideration of the sum of TEN An N01100 DOLLARS (810.00) and other good and valuable consideration, tha receipt and sufficiency of which is heraby acknowledged, doaa hereby grant unto Crantes, an easement for storm water management and drainage purposes on, across and over the property described on Rst ibit "A", together with the perpetual obligation to maintain same. SEE EXHIBIT "A' A•ITACM HERETO AHD MADE A PART HEREOr. • To HAvr. AND To HOLD THE sma unto the Grantas, its successors and assigns. a IN WITNESS WHEREOF, the Grantor has executed thin Drainage 1r�1 taaemant the dqy and year first written above. Signed, sealed and delivered in the Presence of: �� ma(/y' y// • REALTY corp XVI, INC. Cc annecticut corpo rati on t •'=�••, STATE Of tX?`�. S COII pw/ gam) ■as , -:: _;- :..;., '.:•'" NTY Oi ) � `^• The foregoing was a owledged befars no this of JA--Av 1991, by rw,�y__ 'i,�r Vice President of CT8 Realty - Venturec XVI, Inc., a Cinawcticut corporation on behalf of said Crporation. •.; Notary Public - �= by co=ission Expire',! _ 'y '• - roue► ramie, aria ar naamR. .� - ri tgrr ■lien tlltno. �tl+M1 1L l�r� • ...�/. M. wru.1•.a� r•f11rIMi�. 'I• Peet 1 of 4 01 000 N V3 U4AG1r01 : FL-95,78694-2 12/06/1999 r, ORS 6704 ft 2 3813 LEGAL Of=1"100 Tkat portion of Soctioa 7 to Tor Als 42 South. flange 42 East is the Litt of Min pack Urdaos. Pala Nuh Couatr Florida, locloded within a strip of land 50.00 fast wide the Easteriy lint of which is parallel with ad ihsttrly =•Q0 foot frog the follovirq dattflbtd 11m: eow"aciny at -the Nortkrest corner of said Sectioa 7; tkonco South 02000,040 Vest 41eay t.F Melt list of'seld Sxtion 7 a distance of $0.00 foot to the South list Of.KA kglmrd, 64100 a IIne.paratlel with sad Southerly 50.00 feet free •04 Ifarth line of sxtd Section 7: thwe South X1104 Cut 11144 said patallal line a distsm of 039.22 feat to a p4lat OR the Masterly lint of the Right-of-Way of the Florida East Coast Railway. said po /nt bainq the POW OF Sf IRMIKI theeca' South 17031127' Cast along said Wit lint a dtOW# of 24".24 feet to the Northerly 11pa of Puma Road. The sideltaas 9.1 said+ strip in to be,proloogtd or shortonef to terofnate Mrtherly at sitd p4rallal line W Southerly at sald.Northorly line of Gums Road. 0 iis...� cm vmm tA4>f� alJ1Tm MT1H >�� 4C�NL1KStr/ />ua I; MOM C MM that tt o Daodptl0n a,si wants, of the ahmn hrtwnn ties --CEP1etad v<W sry di:aetlm an Srrrr ti. tMip r and tbAt 4*!d dmMi4ticn to t=oo and 0=IWX t0 thm brat of VV kwdedge end b*IW. as Hufthoon En YL . r_ ... wa • a*t «. t' 2 » A w., Mwrt sat r w suaat ruew :+F�UT42 uut *uao4"W".VI.N4" 6;b 'd -8�PL 'up1` i�l�6Z � 01 I,- page 2of4 i_IOOc °1 9a� IMAGE01: FY., -49- 78694 -2 12/0611944 b..:30:41 OM 6709 M 1389 LNAe7'N 41MO EGG 7 . f 1 _ r Page 3 a[ 4 NOTE: TN7 O�u►wi(8 OOE! qoT fiEf11Es�(T A f1Et0 ��V /ddA1 -� •tea Sway At�C a mom ON C ffORMATiGl1 Ota t►, Hutchsion Enp(neer* .'"-°' «.n are. . � w�roRS meow" 2 11414 avmaau* Y wvm fta /•w WA^ f""M �- 7f�.m l W1 NltA^ 0/3 'd -"- t, L Pr _ _ _- Vim 0 1 000 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 6, 2000 Date Prepared: March 23, 2000 SUBJECT /AGENDA ITEM: Consideration of Approval of Resolution 31, 2000, authorizing the Mayor and City Clerk to execute a Release of Development Agreement pertaining to Lot 5 of the Plat of South Park Center within the Northcorp Planned Community Development ( "PCD "). RECOMMENDATION: Approval of Resolution 31, 2000 Reviewed by: Originating Dept: Costs: Council Action: City Attorney City Attorney Not Applicable ( j Approved ] Approved with L conditions Funding Source: ( ] Denied [ j Continued to: Submitted by: Advertised: City Attorney Date: Not applicable Paper: [ X] Not Required Approved by: Attachments: City Manager Affected parties: Resolution 31, 2000 Release of Development [ j Notified Agreement [ X] Not Required M E M O R A N D U M WATTERSON, HYLAND & KLEIT, P.A. To: Hon. Mayor and City Council From: Leonard G. Rubin, City Attorney 649� Subject: Resolution 31, 2000 File No: 319.055 Date: March 23, 2000 This is a request for approval of Resolution 31, 2000, that would authorize the Mayor and City Council to execute a release of development agreement. On January 22, 1998, the City Council executed a Development Agreement with Northcorp Development, John C. Bills Enterprises, and Palm Beach Community Church to provide for a comprehensive drainage solution for the Northcorp Planned Community Development. Paragraph 3 of that Development Agreement provided that the City would simultaneously join in the release of a prior Development Agreement encumbering Lot 5. That prior agreement required a dedication of a portion of Lot 5 within the PCD for surface water management purposes in consideration of the then -owner of Lot 5 proceeding with development of other lots within the PCD. The current owner of Lot 5 is now requesting that the City fulfill its obligation to release the prior Development Agreement, as set forth in the 1998 Agreement. For your consideration, I have attached a copy of the 1998 Development Agreement, wherein the City agrees to the release of the prior Development Agreement. Should you have any questions relative to the foregoing, please do not hesitate to contact me. cc: Nabar E. Martinez, City Manager P: \CPWin \History\000306A \446.23 (scw) (319.055) RESOLUTION 31, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERKTO EXECUTE A RELEASE OF DEVELOPMENT AGREEMENT RELATING TO THE NORTHCORP PLANNED COMMUNITY DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in Resolution 7,1998, the City Council authorized the Mayor and City Clerk to execute a Development Agreement with Northcorp Development, John C. Bills Enterprises, and Palm Beach Community Church ( "current Development Agreement ") to provide for a comprehensive drainage solution with regard to the development of certain properties comprising the Northcorp Planned Community Development ( "PCD "); and WHEREAS, the City has recorded the current Development Agreement, wherein the City agreed to release a Development Agreement dated July 18, 1996 encumbering Lot 5 of the Plat of South Park Center within the Northcorp PCD ( "prior Development Agreement "). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute the Release of Development Agreement attached hereto as Exhibit "A" and incorporated herein by reference, thereby releasing the prior Development Agreement. Section 2. This Resolution shall become effective immediately upon adoption. ATTESTED BY: CITY CLERK MAYOR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO _ COUNCILMAN SABATELLO _ COUNCILMAN JABLIN _ COUNCILMAN CLARK _ P_\CPWin\ HIST0RY \000208A\43F.16\stm(1501.000) RELEASE OF DEVELOPMENT AGREEMENT THIS RELEASE OF DEVELOPMENT AGREEMENT hereby entered into by and between Northcorp III Limited Partnership, a Florida limited partnership ( "Northcorp "), and the City of Palm Beach Gardens, a municipal corporation organized and existing under the laws of the State ofFlorida ( "City "). WITNESSETH WHEREAS, Northcorp is the current owner of Lot 5 of the Plat of Southpark Center, Plat Book 67, Page 87 of the Public Records of Palm Beach County, Florida and located in the Northcorp Planned Community District ( "PCD "); and WHEREAS, Northcorp's predecessor in title to Lot 5 and the City entered into a Development Agreement dated July 18, 1996, recorded in Official Record Book 9359, Page 909 of the Public Records of Palm Beach County, Florida; and WHEREAS, the July 18, 1996 Development Agreement provided for a dedication of a portion of Lot 5 for surface water management purposes in consideration of the then owner of Lot 5 proceeding with the development of other lots within the PCD; and . WHEREAS, Northcorp has acquired title to Lot 5 and the City and Northcorp have agreed, pursuant to a Development Agreement dated January 22, 1998, to other surface water management requirements for the PCD, thus enabling a release of the July 18, 1996 Development Agreement encumbrance on Lot 5; and WHEREAS, a copy of the January 22, 1998 Development Agreement is attached hereto and incorporated herein. NOW, THEREFORE, FOR IN CONSIDERATION OF TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: The foregoing recitals are true and correct. -1- 2. The City hereby agrees to release that certain restriction on said Lot 5, Plat of Southpark Center, and release all other restrictions set forth in the Development Agreement recorded in Official Records Book 9359, Page 909 of the Public Records of Palm Beach County, Florida, dedicated to the City of Palm Beach Gardens, which easement is recorded in Official Records Book 9359, Page 909 of the Public Records of Palm Beach County, Florida CITY OF PALM BEACH GARDENS, a Florida municipal corporation Mayor Joseph R. Russo Attested by: City Clerk NORTHCORP III LIMITED PARTNERSHIP, a Florida limited partnership BY: NORTHCORP DEVELOPMENT, INC., a Florida corporation, its general partner :_ STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) James E. Griffin, Vice President The foregoing instrument was acknowledged before me this day of 12000, by JOSEPH R. RUSSO, as Mayor of the City of Palm Beach Gardens, Florida. By: Notary Public State of Florida My commission expires: Personally known or produced identification . Type of identification produced -2- STATE OF FLORIDA ) )ss: COUN'T'Y OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 32000 ,by LINDA KOSIER, as City Clerk of the City of Palm Beach Gardens, Florida. y By: Notary Public State of Florida My commission expires: Personally known or produced identification Type of identification produced STATE OF FLORIDA )ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2000, by Northcorp III Limited Partnership, a Florida limited partnership, by Northcorp Development Inc., a Florida corporation, its general partner, by JAMES E. GRIFFIN, its Vice President. By: Notary Public State of Florida My commission expires: Personally known or produced identification Type of identification produced P: \CP Win\History\000306A\AC 1.00(320.001)(gr -3- This instrument prepared by .and return to: Lawrence W. Smith, Esquire Gary, Dytrych & Ryan, P.A. 701 U.S. one, Suite 402 North Palm Beach, FL 33408 DEFELQPMDNT AQRZEMENT Mar -07 -2000 12:41p, 0 0 —0 8 1 0 2 ORB 1 1 E�4-!5 pg fl 1 1 11111111111111111111111111111111111 II 11111111111111111 This Development Agreement ("Agreement") is made this 0 day of 'i�� , 199/ pursuant to Section 163.220, Fla. Stat., by and between the City of Palm Beach. Gardens, a Florida municipal corporation ( "City ") Whose address is 10500 N. Military Trail, Palm Beach Gardens, Florida 33416, Horthcorp Development, Inc., a Florida corporation, and John C. Bills Enterprises, Ltd., a Florida limited partnership, 3910 RCA Boulevard, Suite 1011, Palm Beach Gardens, Florida 33410 ( "Northcorp" and "JCB", respectively), and Palm Beach Community Church, Inc., a Florida corporation ( "Church "). R E C I T A L S: WHEREAS, the City is empowered and authorized to enter into this Agreement pursuant to Sections 163.3220 and 163.3243, Fla. Stat.; and WHEREAS, JCB is the owner in fee simple of Parcels 1, 2 and 4 and the Church is the owner in fee simple and Northcorp is the contract purchaser of Parcel 3, of the subject property which is described as Exhibit "A" attached hereto and made a part hereof$ and WHEREAS, certain drainage concerns were identified by the City ORB 1 1 Es4:�5 Pg 4EI with regard to certain properties which are a part of the Plat of RCA Boulevard Center, the Plat of NorthCorp Center, the Plat of West Park Center and the Plat of South Park Center recorded at Plat Book 67, Page 89, Plat Book 67, Page 93, Plat Book 67, Page 91 and Plat Book 67, Page 87, respectively, Public Records of Palm Beach County, Florida (the "Platted Property "); and; WHEREAS, as a result of such concerns Lot 5, Plat of South Park Center is the subject of a Development Agreement executed by the former owner of said Lot 5 and recorded at Official Record Book 9359, Page 909, Public Records of Palm Beach County, Florida; and WHEREAS the parties desire to provide for a comprehensive drainage solution for the eventual development of the portion of the Platted Property which is as yet undeveloped; and WHEREAS, JCB and Northcorp have submitted to the City through their engineer, Keshavarz & Associates, a drainage proposal which the City's engineer, Lindahl, Browning, Ferrari & Heletrom, concurs will meet the needs and satisfy the concerns of the City with regard to the drainage of the Platted Property and which proposal will allow (a) phased construction of said drainage improvements and phased development of the Platted Property, a copy of which proposal is attached hereto as Exhibit "B" and made a part hereof and (b) release by the City of the Lot 5 Development Agreement referenced above. NOW, THEREFORE, the City, Northcorp, JCB and the Church, for Ten Dollars ($10.00) and other good and valuable consideration. 2 ORB 1 1 E 4 S pg S 1 3 including the, terms and conditions of this Agreement and Exhibits attached hereto, the receipt and sufficiency of which is hereby acknowledged by each, hereby agree as follows: 1. Recitations: The recitations, statements and agreements set forth above are acknowledged by the parties to be true statements and agreements and correct and are incorporated as a substantive and material part of this Agreement. 2. Drainage Remediationt The drainage proposal identified as the "Construction Phasing Plan" (attached hereto and incorporated herein as Exhibit "B ") and consisting of Phases Z through V is hereby adopted by the city, Northcorp, JCB and the Church, and the City agrees that development of the Platted Property may proceed in accordance with the Exhibit "B" drainage proposal. 3. LQt 5 DeyelQvment_Ac[reement: The City agrees that it will simultaneous with the execution of this Agreement join in the release of the Development Agreement currently encumbering Lot 5 which Agreement is recorded at Official Record Book 9359, Page 909, Public Records of Palm Beach County, Florida. 4. Encumbrance on Property: This Agreement shall be a covenant running with the land of the Exhibit "A" property by the City and shall be recorded in the public Records of Paln Beach County, Florida. At such time that 3 ORB 1 1 6-4-t3 pg S 1 ,4 all drainage improvements set forth in the Exhibit "B" drainage proposal are completed, the parties shall execute a termination of this Development Agreement which shall be recorded in the Public Records of Palm Beach County, Florida and this Agreement shall cease to be an encumbrance on the Exhibit "A" property. 5. aurety: It is hereby acknowledged by the city that JCB and Northcorp have posted a surety in accordance with the requirements of the City which includes an amount sufficient for completion of the Exhibit "B" drainage improvements and that the surety will be released in phases in amounts pro rata to the phased improvements to the total obligations secured by the surety until all obligations are met at which time the surety will be released in its entirety. 6. Amend=nte: This Agreement may be amended only by mutual written consent of the parties, or their respective successors and assigns. 7. Successors in Interest: This Agreement and any rights and responsibilities hereunder are binding and inure to the benefit of the parties hereto as well as their respective successors and assigns. 8. Governin4 Law; Venue: This Agreement shall be governed by the laws of the State of Florida. Any judicial review of any actions between the parties to this Agreement shall 4 ORB 1 1 Ey4-Z3 pg e 1 S be in state court in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this aUw day of �I IVI(IIIIA -ems' . , 199 8 CITY OF PALM XH NS, FLORIDA By: Ja ATTEST: 6—INb"AX�-ZOS/7iER,- pity Clerk City Attorney approved as to form and.. egal sufficiency. STATE or IFWRIDA ~� j COUNTY OF PALM BEACH ] Mayor I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared JOSEPH RUSSO as Mayor of the City of Palm Beach Gardens, Florida, to me known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, that he is personally known to met or (who produced as identificat on _ in the form of: ] and that an oath (was] [was not] taken. ■ZTNR88 m y y and and offic al seal in the Count and State aforesaid this day of �n �c�lr ��c,r-�,_ 1991f. �.: 0% ICY «da NOT1�tY PUBLIC 5 ORD 1 167, 4 5 p9 8 1 8TAT8 OF FLORIDA COUNTY OF VALX BEACH I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared LINDA KOSIER, City Clerk, to me known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that she executed the same, I that she ds _personally known_ tome] _ or [who produced as identification in the form of: _ _ ] and that an oath (was) (was not] taken. WITKESS my hand and official seal in the Cou ty and State aforesaid this 49LIZ day of 199 . CYNM K HARVEY Notary Put k -State Of F "kk M CommiSSioa es ptember 26,1 CC4009946 Print Na Print Name:- N&rJ(Rl PUBLIC J;X,ES 44uv Y IYS4C4 r1kom J STATE OF FLORIDA COUNTY OF PAJ.K BRACH JOHN C. BILLS ENTERPRISES, LTD., a Florida Limited Partnership By: JOHN C. BILLS ENTERPRISES, INC., a orida corporation, Gene P t C. Bills, President I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared John C. Bills _,as President of JOHN C. BILLS ENTERPRISES, INC., a Florida corporation, as General Partner of JOHN C. BILLS ENTERPRISES, LTD., a Florida Limited Partnership, to me known to MG, to be the person described in and who executed the foregoing" instrument, who acknowledged before me that he executed the same, (that he is personally known to mel or (who produced as identification in the form of: - ] and that an oath (was] (was not) taken. WITNESS my h nd and offi 1 seal in the County and State aforesaid this 1_ /A day of 997. - - N BLIr j C1N01' MONK 6 Pld3ry Fuutc, Stato of R(7fwd arun f:x4-ires .furui 28, 1338 Na- CC 388236 *V&ja6:d Thru mtluixt Kowa bercicc j � I Print Name Print Name -VCA-% STATE Of ?LORIDA ] COUNTY O! DAIX BEACH j ORB 1 pg 43 1 - NORTHCORP DPIELOPMENT, F1 or idaptrrporat ion ,ay: I A Thomas D McCloskey, INC., a President I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Thomas D. McCloskey as President of NORTHCORP DEVELOPMENT, INC. , a Florida corporation, to me known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, (that he is personally known to mej.or [Who produced as identification in the f6rm of: ] and that an oath (vas) (vas not) taken. WITNESS my hand and official seal in the County and State aforeeaid this day of N1116Tv4 -� 1997. NOTkRY PUBLIC U IC '• 0 lve COLDR� 7 ORB 1 1 pg S 18 f'. PAIR BEACH COMMUNITY CHURCH, INC., a Florida corporation Print Name: � G�i 7 fi`��N � � RaymonV 1'nderwood, President Print Name:__ 111 �YQ STATE OF FLORIDA COUNTY OF PALX BEACH I hereby Certify that on this day, before me, an officer duly authorized to adminiater oaths and take acknowledgments, personally appeared Raymond Underwood as President of PALM BEACH COMMUNITY CHURCH, INC., a Florida corporation, to me known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, (that he is personally known tome] or (who produced as identification in the -of : ) and that an oath [was] (was not) taken. WITNESS my a and off g al i t e County and state aforesaid this /� day o 1997. NoTAxlY -PZfc C[tdUY MONK Wotpry F'uGliC, S3we at Florida My Cumzt. E sires June 28,1968 No. CC 3836236 ea,«ice n,ru avtutat rrac, �n 33tt�R i 1vs \88191 \deve1op.agr 8 i ORB 1 1 64Zj pg e 1,9 I.c04- Dcscrityd0n - Page 1 of 2 Parcel 1: Lot 8 of South Panic Ccnw. according to the Plat thaco� recordod in Plat Book 67, Page 97, of tic Public Records of Palm Beach County, Florida; said lands stUmte, lying and being in Palm Beach County, Florida - Psrcal 2: Lots 1 and 2 o£Nm&cdrp CenW. wcording to dw Plat d=oof. recorded in Plat Book 67, Page 93, of the Public R,aanc:ia of Palm Beach County, Florida; said lends aituatq lying and being is Palter beach County, Hmiid& Tax Amsmsoes Nos. PCN - 52 -42- 42- 12- 18 -0Oa-0080 - Patczl l - 52- 42- 42- 12- 19- 000.0010 - Parcel 2 - Lot 1 52- 42- 42 -12- 19-000 -0020 - Parccl 2 - Lot 2 ORB 1 1645 p9 4Et;E�r< =ZBIBIT 14A'• Page 2 of 2 Parcel 3t Lot 12 of Gouth Park Center, according to the plat thereof recorded in Plat Book 67, Page 87, of the public Records of Pala Beach County, floridat said lands situate, lying and being in Pala Beach County, llorida. PARCEL 4: A certdrt paod of lead lying witfiin the northvvest 000- quarter of Sown 7, Tom 42 South, Rsage 43 East, Palm Beach County. Florida, and being mono p"cularty desa%ed as Mow&: Comumacing a the northwest cocoa of said section; tietioa South 88'x8`18` East, Akma the north fine of said Section, a diseuwe of 924.37 foes to the Point of Be&ming. ' lmm coadmic south E8'0TIV East a d6unm of 5119 fimir, thaws sough 13'3923' East slam a lime 50.00 fact eastmiy of and paralbel with the vmsbmiy right ofwsy ime ofFiorkla Sass Coast R*Uway a diusaoe of 2741.00 fiaat to a pour on the south line of the northwest ono- quarter of said Section 7. thencae north 88' 1653' West along said south rme a distance of 51.86 feet to a point on said right of way firm: thence North 13'3973' West, along said right of way lraa„ a diaxaaco of 2741,13 fbet to the Point ofB 01/14/1998 10:13 5616897476 KESHAVARZ PAGE 0: ORB 1 16.45 p9 EXHIBIT "B" 8a 1 The following Construction Phasing Plan is based on an Engineering Report titled " Northcorp Drainage Deficit Solution ", dated June 30, 1997, and prepared by Keshavarz & Associates, Inc.. This report proposes construction at Northcorp that will eliminate the existing drainage deficit. The following plan provides a guideline with which the Drainage Deficit Solution shall be completed. PHASE I - EXECUTION As a result of the Northcorp Drainage Deficit Solution tieing approved by the City Engineer and by the South Florida Water Management District, Phase I of the implementation shall include the release of two undeveloped lots. The release of these lots shall occur upon execution of the Developer's Agreement by Northcorp, JCB and Church. PHASE 11 This phase shall consist of constructing a 2.39 acre dry detention area on Lot 8. Construction of this detention area will contribute 10.25 acre -feet of surplus to the drainage deficit. This 10.25 acre surplus shall reduce the overall drainage deficit by 64 %. Five of the undeveloped lots shall be released for development after construction of the dry detention area on Lot 8. PHASE ill This phase of the plan's implementation shall include the construction of a 25 foot wide drainage ditch in the recently purchased FEC parcel. Construction of the 1.50 acre ditch shall contribute 3.55 acre -feet of surplus to the existing drainage deficit. This surplus will reduce the existing deficit by approximately 20 %_ One of the undeveloped lots shall be released for development following construction of the ditch. PHASE IV This phase shall consist of constructing a 0.42 acre dry detention area in the northwest- comer of the Northcorp Center. Construction of this dry detention area will contribute a surplus of 1.1 acre -feet to the drainage deficit. Upon completion of this dry detention area, one undeveloped lot will be released for development. PHASE V This phase of Drainage Plan implementation shall include lowering the elevations of Lot 12 so that the minimum elevation shall be 12.5 NGVD and the maximum elevation 14.5 NGVD. This proposed grading will provide a drainage surplus of 1.16 acre -feet. The storage surplus is directly the result of the revised grading and is not contingent on the construction of a paved parking lot. If a paved parking lot is constructed after the lot is regraded, the minimum pavement elevation will be set at 13.2 NGVD. As Lot 12 is itself an undeveloped lot, lowering the elevations (with or without construction of the parking lot) on Lot 12 will constitute its own release to be developed. Page 1 of 2 01/14/1990 16 :13 5616097476 KESHAVARZ PAGE E EXHIBIT "B" ORB 1 1 C& zt]; pg DOROTHY N. WILKEN, CLERK pg COUNTY, The foregoing construction Phasing Plan will be implemented in accordance with the following documents, which are hereby incorporated by reference: 1. Engineering Report, Northcorp Drainage Deficit Solution, dated June 30, 1997. 2. Northcorp PCD, Undeveloped Lot Drainage Standards, dated November 11, 1997. 3. Northcorp PCD, Required Surface Storage, dated December 1, 1997. 4. F.E.C. Easement Cross Sections, revised October 3, 1997- 5. Northcorp Center Drainage Deficit Solution, sheet 1 of 7 dated June 19, 1997, sheet 2 of 7 dated June 30, 1997, sheet 3 of 7 dated December 5, 1997, sheet 4 of 7 dated June 23, 1997, sheet 5 of 7 dated December 5, 1997, sheet 6 of 7 dated June 30, 1997 and sheet 7 of 7 dated June 30, 1997. 6. SFWMD Surface Water Management General Permit No. 50- 01627 -6, issued December 17, 1997. Page 2 of 2 ! EGy C @tlitj' i�lui t;:�.£y s.. -- `y- - t ue cOV of i7e,reeerd j r rf,� is 0ayol DOROTHY H. `ti`:Lr-Ft3 rk Cirufit COU!! f. J• By Page 2 of 2 RESOLUTION 34, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PLAT OF MARINA GARDENS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE MYLAR OF SUCH PLAT; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Engineer has reviewed the Plat of Marina Gardens; WHEREAS, the City Engineer has determined that the proposed plat meets all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S., and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The plat of Marina Gardens, consisting of three (3) sheets dated 9- 24 -99, prepared by Carney - Neuhaus, Inc., attached hereto as Exhibit "A" is hereby approved. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of such Plat. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF APRIL, 2000. JOSEPH R. RUSSO, MAYOR ATTEST APPROVED AS TO LEGAL FORM CITY CLERK AND SUFFICIENCY CITY ATTORNEY RESOLUTION 34, 2000 PAGE 2 OF 2 VOTE: AYE NAY ABSENT MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 SUBJECT /AGENDA ITEM: Public Hearing & Second Reading for Ordinance 4, 2000, a request for Planned Unit Development (PUD) for 91 single - family homes. RECOMMENDATION: Staff recommends that Ordinance 4, 2000 be approved with conditions. Reviewed by: d (Z City Attorney Originating Dept.: Growth Management Costs: $ Total Council Action: [ ] Approved Finance NA ACM J $ Current FY [ ] Approved w/ conditions Human Res. NA [ ] Denied Other NA Funding Source: ( ] Continued to: Advertised: Attachments: Date: 2/16/00 [ j Operating Paper: [ ] Other * Ordinance 4, 2000 • Letter dated 316/00 Palm Beach Post a Waiver requests • Environmental sign- off from Jim Schnelle • FPL letter dated 12/1/99 • Seacoast Utility letter dated 3/13/00 • Memo from City Forester dated 117/00 o Crime matrix • Aerial photograph �' - 0 v • Site plan Submitted b : A Not Required Gr I e arties Budget Acct. #:: Dir or ( X ] Notified ( ] None Approved by: City Manager [ ] Not required City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -03 REQUEST: A request by Urban Design Studio, agent for Forest Lake Associates, L.C., for Planned Unit Development (PUD) approval for a single family custom home development located on a 64.47 -acre parcel at the northwest corner of the intersection of Central Boulevard and Hood Road. Ninety -one (91) single-family homes are being proposed, along with a 3,000 square -foot clubhouse. (25 &36-41 S-42E) BACKGROUND: To the north (the proposed Benjamin High School) and south of the site are vacant lands. To the east, across Central Boulevard, is a vacant tract which has a development approval for a 300 -seat church (Gardens Presbyterian Church), and an undeveloped parcel (4.07) from the WCI land sale. To the west are vacant lands and individual single - family homes. The property is owned by Forest Lakes Associates, L.C. The owners are proposing to develop the site as a residential neighborhood with 91 single - family custom homes. It is estimated that the project will have 219 residents. As an amenity to the neighborhood, a 3,000 square -foot clubhouse, pool, and two tennis courts are planned. The proposed development will be built in a single phase. LAND USE & ZONING: The subject site is zoned as a Planned Development Area (PDA), has a future land use designation of Residential — Low Density (RL), and is listed as Residential — Low Density (RL) on the Vision Plan with a mixed overlay /residential (MX). The applicant wishes to rezone the site to Residential — Low Density 3 (RL -3), with a Planned Unit Development (PUD) overlay. For a complete listing of adjacent uses, land use designations and zoning districts, see Table 1. Table 2 examines consistency of the proposed project with the City Code and future land use for the site. CONCURRENCY: The proposed project received concurrency certification on September 7, 1999, which included concurrency for traffic, drainage, solid waste, sewer and water. The traffic concurrency is contingent upon the provision of a left turn lane into the project for north bound traffic, which is indicated on the site plan. K City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -03 PROCEDURE: This is a request for approval of a Planned Unit Development (PUD). It is first reviewed by the Development Review Committee (DRC). The DRC forwards comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission makes a recommendation on the proposed request to the City Council. The City Council reviews the requested PUD for consideration of approval, approval with conditions, or denial. PROJECT DETAILS: Buildinq Site The building site totals 64.47 acres. The proposed plan will create 91 single - family custom homes, a 3,000 square -foot clubhouse, a pool, and two tennis courts. Site Access The site will be accessed from Central Boulevard. The site will be gated 24 hours a day. Signage Two signs on either side of the ingress /egress for the site are being proposed, along with project identification signs on two of the corners of the site (a total of 4 ground signs). The applicant wants to submit a sign package to the City detailing the signs at a later date, so this approval does not include any signs. Environmental & Buffers The site plan for the proposed project shows that there are 10.4 acres of upland preserve, and 90 -foot parkway buffers along Hood Road and Central Boulevard (separating the site from these roadways). The City's Environmental Consultant has reviewed the upland preserve shown on the site plan, and has determined that the amount and location are acceptable (see attached fax dated January 3, 2000). The applicant is proposing to relocate the gopher tortoises on site in the upland preserve. Prior to the issuance of the first building permit, the applicant must submit a gopher tortoise relocation and management plan that is acceptable to the City and the City's Environmental Consultant. Phasinq The proposed project will be built in one phase. 3 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD =99 -03 Waivers The applicant has submitted waiver requests (including justification statements) for lot coverage, specialty pavers, 9 -foot wide parking spaces at the recreational facility, an 8- foot perimeter wall, the lack of required littoral plantings in the lake, and side and rear setbacks that do not meet the minimum amount required on some lots (see Table 2). The waiver requests and justification statements are attached to this report. Entrance & Recreation Area The applicant has submitted architectural detail of the entrance to the site (see Guard House Elevations — sheet E1). The applicant wishes to submit at a later date, the architectural detail for the recreation center, the landscaping detail for the entrance, and the landscaping detail for the recreation center. Therefore these items will need to come back to the City later for approval. STAFF COMMENTS: The applicant submitted revised plans and a narrative letter detailing how Staffs original comments and concerns were addressed (see attachment). The Building Division, Northern Palm Beach County Improvement District, and the City's Legal Department voiced no objections to this petition. The following comments from Staff reflect the review of this petition, including the review of the revised plans and narrative. Engineering City Engineer Sean Donahue has no major concerns regarding the project, other than the fact that engineering supports the Land Development Regulation requirements that call for 10 -foot wide parking spaces. The proposed 9 -foot wide parking spaces will require a waiver from the City. Florida Power and Light (FPL) FPL does not agree (see attached letter dated December 1, 1999) with the proposed amount of easement dedicated to them for maintenance along the western boundary of the site (needed to maintain large power lines). This is an issue that the applicant will have to work out with FPL (see attached comments from City Forester Mark Hendrickson dated December 5, 1999). Seacoast Utility Authority Seacoast has stated that the applicant needs to resolve the easement issue for the 138 KVA FPL transmission main along the west property line, prior to site plan approval. The City Attorney, however, has advised Planning and Zoning Staff that we cannot hold up this petition while awaiting the resolution of a third -party dispute. 4 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -03 Palm Beach County School District The School District recommends that the subject development post a notice of annual boundary school assignments for students from this development. The School District will provide an 11" X 17° sign to be posted in a clear and visible location in all sales offices and models with the following information: Notice to Home Buyers/Tenants School age children may not be assigned to the public school closest to their residence. School Board policies regarding overcrowding, racial balance or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434 -8100 for the most current school assignments. The applicant, successors or assigns shall also be required to provide a bus stop pull off (preferably completely out of the right -of -way) or a bus stop turn around in front of any access control points or gated communities. The size and location of all such school bus stops shall be coordinated with the City of Palm Beach Gardens, Palm Beach County, and the School District. The applicant shall also be required to provide a bus shelter. If the bus pull -off is located within the road right -of -way, the County Engineer must approve it. Planninq & Zoninq Division The Planning and Zoning Division has the following outstanding concerns: 1. The applicant needs to address all the comments raised by City Forester Mark Hendrickson in his memorandum dated January 11, 2000 (see attached). 2. The applicant needs to submit a gopher tortoise relocation and management plan that is acceptable to the City and the City's Environmental Consultant. Fire Assistant Chief /Fire Marshal Scott Fetterman has requested that the security gates be equipped with a Knox key switch to provide the Fire Rescue Department with emergency access (Standard Fire Prevention Code 602.6.7). Police See attachment. 5 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -03 Parks & Recreation Prior to construction plan approval, $62,500 (the money in lieu of parkland) shall be paid to the City. South Florida Water Manaqement District (SFWMD) The City's Thoroughfare Plan calls for a road along the northern property line of this parcel. SFWMD has raised a concern about the location of this road because it will cross a wetland. If the road location changes, this site plan may need to be reconfigured and, if the reconfiguration is significant, reapproved. To date, there is no problem with the location of the road, as shown on the plans. PLANNING & ZONING COMMISSION: The Planning and Zoning Commission reviewed this petition as a workshop at their December 14, 1999 meeting. The Commission reviewed several issues including Staffs environmental concerns and the FPL right -of -way issue, and stated that the applicant would need to satisfactorily address the concerns and comments made by Staff. The Commission voted to place the petition on the next public hearing agenda. The Planning and Zoning Commission reviewed this petition at a public hearing during their January 11, 2000 meeting. The Commission stated that the applicant would need to revise the site plans to show sequential numbering for all 91 lots on the site (numbered 1 through 91). The Commission also stated that the applicant would need to return to the Planning and Zoning Commission, as well as City Council, for approval of the site plan for the proposed clubhouse, and the landscaping details for the clubhouse and entry into the site. CITY COUNCIL: City Council reviewed this petition as a first reading on February 3, 2000. Council stated that they did not want a public hearing held for this petition until a drainage workshop could be held. Council also stated that the applicant would need to address the following concerns prior to being heard at a public hearing: 1. Provision needs to be made for some parking near the bus pull -off so that parents can wait and watch their children at the bus stop until the school bus arrived to pick them up. 2. The lake maintenance easement may need to be commonly owned. The applicant has responded by lengthening the bus pull -off by 100 feet to provide room for approximately 5 cars, as well as the school bus. The applicant has also revised the N City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -03 plans by changing the individually owned 32 -foot lake maintenance easement to a 20- foot easement that is commonly owned. A workshop on drainage, lake maintenance easements, and school bus issues was held on February 17, 2000. City Council held a public hearing for this petition at their March 2, 2000 meeting where the Council continued their discussion regarding the drainage for this project. The City Engineer suggested a condition of approval, but this condition was not acceptable to the applicant. City Council agreed to continue the public hearing in two weeks, and told the applicant to meet with staff to further discuss the drainage concerns. City Council also raised several other site plan related issues, which the applicant has addressed as noted below. As a result of the March 2, 2000 meeting the applicant has submitted new plans that incorporate the following: 1. A note has been added to the Master Plan indicating that ground cover or hedges shall be added where screen enclosures abut the rear set back of the lot. 2. The setback table on the Master Plan has been amended to indicate a 3- foot setback at pool areas, instead of 1 foot. 3. The Master Plan has been amended to reflect 40 percent lot coverage for all lots, instead of 45 percent. The applicant is requesting that the original waiver request for lot coverage be amended to reflect this change, and continued. 4. A note has been added to Landscape Sections A, C, D, & E regarding the height of supplemental planting. 5. All landscape Sections have been modified to be more specific to plant specifications, including plant materials along the proposed perimeter walls. 6. The typical cul-de -sac plan has been amended to reflect proposed plantings at the terminus of the northern and southern cul -de -sacs. Sheet 2 identifies the plantings located at the ends of the proposed cul-de -sacs. Per requests made by City Council and the applicant, Staff has also made some revisions to the conditions of approval to add more clarification, and added the following new condition: Rear elevations of all units located along public rights -of -way shall be enhanced with the use of stucco banding, window treatments, and architectural detailing 7 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -03 compatible with the architectural characteristics of the front elevations of the homes. Staff has also added the City Engineer's drainage condition that states: No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable govemments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. City Council continued the public hearing for this petition to their March 16, 2000 meeting where Council granted the applicant's request to continue the public hearing to the April 6, 2000 meeting. The applicant requested more time to negotiate the language of the City Engineer's new drainage condition. As of the date of this report, City Staff has received no public comment on this project. OUTSTANDING ISSUES: The issue of the FPL right -of- way /easement along the western boundary of the site has not yet been resolved. RECOMMENDATION: Staff recommends approval of petition PUD -99 -03 with the following conditions and waivers (revisions are underlined in bold): Conditions 1. Prior to the issuance of the first building permit, the applicant shall submit a gopher tortoise relocation and management plan that is acceptable to the City and the City's Consulting Environmental Consultant. (Planning & Zoning) 2. Prior to the issuance of the 45th house building permit, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System (including the road shoulders and median within the right -of -way) along Hood Road and Central Boulevard, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. (City Forester) 3. Prior to the issuance of the 45"' house building permit, the clubhouse and pool recreation area shall be completed. (Planning & Zoning) 91 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -03 4. Prior to the adjacent lot wall /fence being installed or constructed on the northern and western boundaries of the site, all perimeter buffer landscaping or preserve restoration, exotic plant removal and /or enhancement work shall be completed. (City Forester) 5. Prior to the issuance of the first certificate of occupancy, the applicant shall submit the Homeowners Association (HOA) documents to the City for review by the City's legal counsel and the City Forester. These documents will have to be found sufficient by the City's legal counsel prior to the issuance of the first certificate of occupancy. The open space /landscape maintenance and environmental preserve management plan will also have to be found sufficient by the City Forester prior to final approval of construction drawings or commencement of land alteration. The City shall review the HOA documents for maintenance and management language that meets or exceeds the City's guidelines included in the City's Landscape Handbook and City Codes. (Planning & Zoning) 6. The Home Owners Association (HOA), as required by the HOA documents, shall maintain landscaping and irrigation within the medians and road shoulders along the entire length of the development of Hood Road, Central Boulevard and the future road along the northern boundary, in perpetuity, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. The applicant, successors and assigns shall be responsible for one half of the maintenance obligation for the portion of the median installed by Gardens Presbyterian Church. The City shall require, as a condition of approval of any new project located on the north, south or east of these adjacent road systems, that they bear their proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the HOA shall automatically become a member of said District. This condition shall also be made a part of the HOA documents. (City Forester) 7. The security gates shall be equipped with a Knox key switch to provide the Fire Rescue Department with emergency access (Standard Fire Prevention Code 602.6.7). (Fire Department) 8. The applicant shall return to the Site Plan and Appearance Review Committee and City Council, for approval of the site plan and building elevations for the proposed clubhouse, the landscaping details for the clubhouse, and the elevations of the corner signs. This approval shall be done as a miscellaneous petition, and shall not require a public hearing at either the Site Plan and Appearance Review Committee level or the City Council level. (Planning & Zoning) E City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -03 9. Prior to construction plan approval, $62,500 (the money in lieu of parkland) shall be paid to the City. (Parks & Recreation) 10. There shall not be any man -made berming or non - native vegetation within the perimeter open spaces /parkway areas that are platted as preserves. (City Forester) 11. No land clearing, other than exotic invasive vegetation, shall occur prior to the posting of a surety bond for the preserves, common area, and off -site landscaping. The amount of said surety bond shall be determined prior to the issuance of the first building permit. (City Forester) 12. Pursuant to Article III, Section 114 -71, entitled "Required Subdivision Improvements ", prior to the issuance of the first building permit, the applicant shall be required to post a bond for the project landscaping /buffer and entry feature. In order to determine the cost estimate for the bond, detailed landscape plans shall be completed, reviewed and approved by the City Staff, including the City's Environmental Consultant. Where wetlands are being converted to upland forest, and where poor quality uplands are being restored (as in the 0.42 area B), typical minimum - planting plans per a specific area may be approved. The applicant shall relocate native vegetation from on site and /or install native nursery stock to the north, south and east parkway /preserve areas in such a way as to screen at a minimum 50% of the eight -foot interior wall around the project. (Planning & Zoning) 13. Prior to the issuance of the final certificate of occupancy, the applicant, successors or assigns shall provide a bus stop pull -off and shelter completely out of the right -of -way or a bus stop turn around in front of the access control point. The size and location of all such school bus stops shall be coordinated with the City of Palm Beach Gardens, Palm Beach County, and the School District. The applicant shall be relieved of this responsibility if the Palm Beach County School Board will allow their busses to, enter this community to pick -up students at the community center. (Planning & Zoning) 14. The applicant, successors or assigns shall post a notice of annual boundary school assignments for students from this development in a manner required by the Palm Beach County School District. (Planning & Zoning) 15. The HOA shall maintain all lakes on the site. (Planning & Zoning) 16. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 17. Rear elevations of all units located along public riqhts -of -way shall be enhanced with the use of stucco banding, window treatments, and 10 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -03 architectural detailing compatible with the architectural characteristics of the front elevations of the homes. (Development Compliance) 18. No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) 19. The build -out date of this project is December 31, 2004 as referenced in the March 29, 1999 traffic impact analysis. (Planning & Zoning) Waivers Based on the applicant's justifications for their waiver requests, Staff also recommends approval of the requested waivers for 40% lot coverage, specialty pavers, 9 -foot wide parking spaces at the recreational facility, an 8 -foot perimeter wall, the lack of required littoral plantings in the lake, and side and rear setbacks that do not meet the minimum amount required. 11 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -03 12 g /short pud9903.cc4.doc !I 13 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -03 FA orisisten - J '' Co a equu1rement opesed » a , Yes Residential — Low Density Planned Unit Development (RL) (PUD) — single - family homes Yes Minimum Building Site 11,250 square feet Area for RL -3: 6,500 square feet Yes Minimum Lot Width for 75 feet RL -3: 65 feet No Maximum Building Lot 40% (waiver) Coverage for RL -3: 35% Yes Maximum Building Height 36 feet for RL -3: 36 feet Yes Front Setback for RL -3: Front Setback: 25 feet 25 feet No Side Setback for RL -3: Side Setback: (waiver) 7.5 feet for 75' wide lots 5 feet 9 feet for 90' wide lots No Side Setback Facing A Side Setback Facing A (waiver) Street for RL -3: 20 feet Street: 5 feet No Rear Setback for RL -3: Rear Setback: (waiver) 10 feet 3 feet g /short pud9903.cc4.doc !I 13 March 20, 2000 ORDINANCE 4, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF FOREST LAKE ASSOCIATES, L.C. FOR REZONING OF 64.47 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CENTRAL BOULEVARD AND HOOD ROAD AND MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO RESIDENTIAL — LOW DENSITY 3 (RL-3) WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER TO CONSTRUCT 91 SINGLE - FAMILY HOMES; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Forest Lake Associates, L.C. for approval for rezoning of 64.47 acres of land located at the northwest corner of the intersection of Central Boulevard and Hood Road, to Residential — Low Density 3 (RL -3) with a Planned Unit Development (PUD) overlay as more particularly described in Exhibit "A" attached hereto; WHEREAS, the 64.47 -acre site is currently zoned Planned Development Area (PDA); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the planned unit development (PUD) known as "San Michele "; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: 14 Ordinance 4, 2000 Date Prepared: March 20, 2000 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby rezones 64.47 acres of land owned by Forest Lake Associates, L.C. located at the northwest comer of the intersection of Central Boulevard and Hood Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Planned Development Area (PDA) to Residential — Low Density (RL -3) with a Planned Unit Development (PUD) overlay, in order to allow the construction of 91 single - family homes. The PUD will be known as "San Michele." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors or assigns: 1. Prior to the issuance of the first building permit, the applicant shall submit a gopher tortoise relocation and management plan that is acceptable to the City and the City's Consulting Environmental Consultant. (Planning & Zoning) 2. Prior to the issuance of the 45"' house building permit, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System (including the road shoulders and median within the right -of -way) along Hood Road and Central Boulevard, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. (City Forester) 3. Prior to the issuance of the 45"' house building permit, the clubhouse and pool recreation area shall be completed. (Planning & Zoning) 4. Prior to the adjacent lot wall /fence being installed or constructed on the northern and western boundaries of the site, all perimeter buffer landscaping or preserve restoration, exotic plant removal and /or enhancement work shall be completed. (City Forester) 5. Prior to the issuance of the first certificate of occupancy, the applicant shall submit the Homeowners Association (HOA) documents to the City for review by the City's legal counsel and the City Forester. These documents will have to be found sufficient by the City's legal counsel prior to the issuance of the first certificate of occupancy. The open space /landscape maintenance and environmental preserve management plan will also have to be found sufficient by the City Forester prior to final approval of construction drawings or commencement of land alteration. The City shall review the HOA documents 15 Ordinance 4, 2000 Date Prepared: March 20, 2000 for maintenance and management language that meets or exceeds the City's guidelines included in the Cites Landscape Handbook and City Codes. (Planning & Zoning) 6. The Home Owners Association (HOA), as required by the HOA documents, shall maintain landscaping and irrigation within the medians and road shoulders along the entire length of the development of Hood Road, Central Boulevard and the future road along the northern boundary, in perpetuity, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. The applicant, successors and assigns shall be responsible for one half of the maintenance obligation for the portion of the median installed by Gardens Presbyterian Church. The City shall require, as a condition of approval of any new project located on the north, south or east of these adjacent road systems, that they bear their proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the HOA shall automatically become a member of said District. This condition shall also be made a part of the HOA documents. (City Forester) 7. The security gates shall be equipped with a Knox key switch to provide the Fire Rescue Department with emergency access (Standard Fire Prevention Code 602.6.7). (Fire Department) 8. The applicant shall return to the Planning and Zoning Commission and City Council, for approval of the site plan and building elevations for the proposed clubhouse, the landscaping details for the clubhouse, and the elevations of the comer signs. This approval shall be done as a miscellaneous petition, and shall not require public hearings. (Planning & Zoning) 9. Prior to construction plan approval, $62,500 (the money in lieu of parkland) shall be paid to the City. (Parks & Recreation) 10. There shall not be any man -made berming or non - native vegetation within the perimeter open spaces /parkway areas that are platted as preserves. (City Forester) 11. No land clearing, other than exotic invasive vegetation, shall occur prior to the posting of a surety bond for the preserves and off -site landscaping. The amount of said surety bond shall be determined prior to said land clearing. (City Forester) 16 Ordinance 4, 2000 Date Prepared: March 20, 2000 12. Pursuant to Article III, Section 114 -71, entitled "Required Subdivision Improvements ", prior to the issuance of the first building permit for vertical construction, the applicant shall be required to post a bond for the project landscaping /buffer and entry feature. In order to determine the cost estimate for the bond, detailed landscape plans shall be completed, reviewed and approved by the City Staff, including the City's Environmental Consultant. Where wetlands are being converted to upland forest, and where poor quality uplands are being restored (as in the 0.42 area B), typical minimum - planting plans for a specific area may be approved. The applicant shall relocate native vegetation from on site to, and /or install native nursery stock in the north, south and east parkway /preserve areas in such a manner as to screen (at a minimum) 50% of the eight -foot interior wall around the project. (Planning & Zoning) 13. Prior to the issuance of the final certificate of occupancy, the applicant, successors or assigns shall provide a bus stop pull - off and shelter completely out of the right -of -way or a bus stop turn around in front of the access control point. The size and location of the school bus stop shall be coordinated with the City of Palm Beach Gardens, Palm Beach County, and the School District. The applicant shall be relieved of this responsibility if the Palm Beach County School Board will allow their buses to enter this community to pick up students at the community center. (Planning & Zoning) 14. The applicant, successors or assigns shall post a notice of annual boundary school assignments for students from this development in a manner required by the Palm Beach County School District. (Planning & Zoning) 15. The HOA shall maintain all lakes on the site. (Planning & Zoning) 16. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 17. Rear elevations of all units located along public rights -of -way shall be enhanced with the use of stucco banding, window treatments, and architectural detailing compatible with the architectural characteristics of the front elevations of the 17 Ordinance 4, 2000 Date Prepared: March 20, 2000 homes. (Development Compliance Officer) 18. No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) 19. The build -out date of this project is December 31, 2004 as referenced in the March 29, 1999 traffic impact analysis. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1. Maximum building lot coverage — Section 118- 200(e), which allows a maximum building lot coverage of 35 %, to allow for up to 40% building lot coverage. 2. Minimum width for parking spaces — Section 118- 475(a), which requires 10 -foot wide parking, spaces, to allow for 9 -foot wide parking spaces at the recreation facility. 3. Maximum height for walls — Section 118- 279(f)(1) which allows a maximum wall height of 6 feet, to allow for an 8 -foot wall. 4. Minimum side setback facing a street — Section 118- 200(8)(3) which requires a minimum setback of 20 feet for structures facing a street, to allow for a 5 -foot setback. 5. Minimum side setback — Section 118- 200(g)(2) which requires a minimum setback of 7.5 feet for the 75 -foot wide lots on site and 9 feet for the 90 -foot wide lots on the site, to allow for a 5- foot setback. 6. Minimum rear setback — Section 118- 200(g)(4) which requires a minimum setback of 10 feet for all vertical structures, to allow for a 3 -foot setback. 7. Littoral planting zones — Section 98 -106 which requires littoral planting in the lakes on the site, to allow for no littoral plantings in the lakes on the site. 8. The use of specialty pavers — the code does not address the use of specialty pavers which means that they are not permitted; therefore the applicant requests a waiver for the use of specialty pavers in certain areas of the site, in place of the City's regular pavement requirement. 18 Ordinance 4, 2000 Date Prepared: March 20, 2000 SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. March 6, 2000 Master Plan PUD, Urban Design Studio, Sheet SPA (1 sheet total). 2. March 6, 2000 Master Plan PUD, Urban Design Studio, Sheet SP -2 (1 sheet total). 3. March 6, 2000 Master Plan PUD, Urban Design Studio, Sheet SP -3 (1 sheet total). 4. November 24, 1999 Entrance Landscape Plan, Parker . Yannette Design Group, Sheet L -1 (1 sheet total). 5. November 24, 1999 Recreation Area Landscape Plan, Parker • Yannette Design Group, Sheet L -2 (1 sheet total). 6. October 29, 1999 Plant List, Specifications and Details, Parker • Yannette Design Group, Sheet L -3 (1 sheet total). 7. October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L-4 (1 sheet total). 8. October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L -5 (1 sheet total). 9. October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L -6 (1 sheet total). 10. December 22, 1999 Plant List, Urban Design Studio, (1 sheet total). 11. March 6, 2000 Streetscape Plan, Urban Design Studio, Sheet L -7 (1 sheet total). 12. March 6, 2000 Streetscape Plan, Urban Design Studio, Sheet L -8 (1 sheet total). 13. October 29, 1999 Median Legend & Detail Sheet, Urban Design Studio, Sheet L -9 (1 sheet total). 14. November 3, 1999 Recreation Center Lighting Plan, Urban Design Studio, Sheet L -10 (1 sheet total). 15. November 24, 1999 Entrance Hardscape Plan, Parker • Yannette Design Group, Sheet H -1 (1 sheet total). 16. October 29, 1999 Entrance Hardscape Plan, Parker Yannette Design Group, Sheet H -2 (1 sheet total). 17. November 23, 1999 Guard House Elevations, Wessel Associates AIA, Sheet Al (1 sheet total). 18. December 22, 1999 Upland Preserve Map, Urban Design Studio, (1 sheet total). 19. February 19, 1999 Boundary and Topographic Survey, Bench Mark Land Surveying & Mapping, Inc., (2 sheets total). 19 Ordinance 4, 2000 Date Prepared: March 20, 2000 20. March 3, 2000 90' Parkway /Upland Preservation Plan A —A', Urban Design Studio, (1 sheet total). 21. March 3, 2000 90' Parkway /Upland Preservation Section A —A', Urban Design Studio, (1 sheet total). 22. March 3, 2000 8' Buffer Plan with 20' Proposed FPL Easement B -B', Urban Design Studio, (1 sheet total). 23. March 3, 2000 20' Buffer Section B -B', Urban Design Studio, (1 sheet total). 24. March 6, 2000 60' Central Boulevard Buffer Plan C -C', Urban Design Studio, (1 sheet total). 25. March 6, 2000 60' Central Boulevard Buffer Section C -C', Urban Design Studio, (1 sheet total). 26. March 6, 2000 100' Upland Preservation Plan D -D', Urban Design Studio, (1 sheet total). 27. March 6, 2000 100' Upland Preservation Section D -D', Urban Design Studio, (1 sheet total). 28. March 6, 2000 90' Parkway /Upland Preservation Plan E -E', Urban Design Studio, (1 sheet total). 29. March 6, 2000 90' Parkway /Upland Preservation Section E -E', Urban Design Studio, (1 sheet total). 30. March 6, 2000 100' Upland Preservation Plan F -F', Urban Design Studio, (1 sheet total). 31. March 6, 2000 100' Upland Preservation Section F -F', Urban Design Studio, (1 sheet total). 32. March 6, 2000 10' Buffer Plan with 20' FPL Easement G -G', Urban Design Studio, (1 sheet total). 33. March 6, 2000 10' Buffer Section with 20' FPL Easement G-G', Urban Design Studio, (1 sheet total). 34. December 22, 1999 Wall and Fence Location Map, Urban Design Studio, (1 sheet total). 35. March 6, 2000 Typical Cul -De -Sac Planting (North End), Urban Design Studio, (1 sheet total). 36. March 6, 2000 Typical Cul -De -Sac Planting (South End), Urban Design Studio, (1 sheet total). 37. March 29, 1999 Traffic Impact Analysis for Frankel Residential (Parcel 4.08), Kimley -Horn and Associates. SECTION 5. This Ordinance shall be effective upon adoption. 20 Ordinance 4, 2000 Date Prepared: March 20, 2000 PLACED ON FIRST READING THE 3`d DAY OF FEBRUARY 2000. PLACED ON SECOND READING THIS DAY OF 200 PASSED AND ADOPTED THIS DAY OF 200_. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: LINDA V. KOSIER, CMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO g /short:pud9903.or4.doc /jl 21 ABSENT Ordinance 4, 2000 Date Prepared: March 20, 2000 EXHIBIT "A" LF,GAL DESCPJMON PARCEL. ON CENTRAL BOUT FVAPtD A PARCEL OF LAND LYING IN SECTIONS 75 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLy DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF DONALD ROSS ROAD WITH THE WEST RIGHT -OF -WAY LINE OF CENTRAL. BOULEVARD; THENCE, SOUTH 00.48'04" WEST, ALONG SAID WEST RIGHT- OF_WAY LINE, A DISTANCE OF 3605.06 FEET FOR A POINT OF BEGINNING. THENCE, CONTINUE SOUTH 00 °48104" WEST, ALONG SAID WEST RIGHT -0F -WAY LINE, A DISTANCE OF 1557.97 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF SAID SECTION 36; THENCE, CONTINUE SOUTH 00 °48'04" WEST, ALONG SAID WEST MIGHT -OF -WAY LINE, A DISTANCE OF 1392.07 FEET TO THE INTERSECTION THEREOF WITH THE NORTH RIGHT-OF-WAY LINE OF HOOD ROAQ; THENCE, NORTH 88 908'02" WEST, ALONG SAD NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 958.57 FEET TO THE INTERSECTION THEREOF WITH THE WEST LINE OF SAID SECTION 36; THENCE, NORTH 00 °41'04" EAST, ALONG SAID WEST UNE OF SECTION 36, A DISTANCE OF 1362.92 FFFTTO THE NORTHWEST CORNER OF SAID SECTION 36; SAID NORTHWEST CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID SECTION 25; THENCE, NORTH 01.1T32" EAST, ALONG THE VAT LINE OF SAID SECTION 25, A DISTANCE OF 1569.35 FEET; THENCE, SOUTH 89°11'56" EAST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE 4RF 9"95 FEET TO THE POINT OF BEGINNING. 22 March 6, 2000 Mr. John Lindgren City Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33401 Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics RE: SAN MICHELE PUD (f.k.a FRANKEL PARCEL 4.08) RESUBMITTAL OF DEVELOPMENT PLANS PBG PETITION: PUD -99 -03 UDS REF.: #19014.00 Dear John: In response to the comments from the March 2, 2000 City Council meeting, please accept our revised development plans: The development plan amendments include the following: ■ A note has been added to the Master Plan indicating that ground cover or hedges shall be added where screen enclosures abut the rear set back of the lot. ■ The setback table on the Master Plan has been amended to indicate a 3' setback at pool areas. ■ The Master Plan has been amended to reflect a 40% lot coverage for all lots. ■ A note has been added to Landscape Sections A, C, D, & E regarding the height of supplemental planting. ■ All Landscape Sections have been modified to be more specific to plant specifications, including plant materials along the proposed perimeter walls. ■ The typical cul -de -sac plan has been amended to reflect proposed plantings at the terminus of the northern and souther cul -de -sacs. Also being provided to you today is sheet 2 of this set identifying the plantings located at the ends of the proposed cul -de- sacs. Attached for your review are the revised Master Plan (Sheets SP -1, SP -2 and SP -3), revised Landscape Buffer Sections, and revised Streetscape Plans (L -7 and L -8). G: \COMMONUobs\ Frankel \LindgrenCCResp.030600.wpd CNY LCC35 RA .2 c�1 4ANNIN6 10A ING �L Jti 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -658: 561.689.0066 561.689.0551 fax ne, CA 714.489.81: Mr. John Lindgren San Michele PUD March 6, 2000 Page 2 We hope that this information addresses all the outstanding issues regarding this petition. We are looking forward to being placed on the March 16, 2000 City Council meeting for consideration of approval. Should you have any questions, please feel free to contact me. Sincerely, Urban Design Studio Henry Skokowski, AICP Principal c: Thomas Frankel Sherry Hyman Harvey Geller G:\COMMONVobs\Frankcl\LindgrenCCResp.030600.wpd LCC35 FILE No . 026 03/C' '00 12:44 I D : UPI DESIGN STUDIO FAX : 561 ,.51 R�IGE 2/ 4 �aR N��NG WAIVER REQUESTS AND JUSTIFICATION STATEMENTS FOR r` FRANKEL PARCEL 4.08 PULL SAN MICHELE March 8, 2000 Urban pesipn Urban Planning Land Planning Landscape Architecture Communication Graphics For your review and information are the waiver requests and justification statement for the Frankel Parcel 4.08 PtJD: Specialty Pavers We request a waiver from the Subdivision Regulations to allow for the use of specialty pavers. Specialty pavers allow for a higher quality entry experience and helps delineate the entrance into a neighborhood. Not only are the pavers an attractive amenity to the neighborhood and to the community from the public thoroughfare, but the delineation of an entrance to a neighborhood is consistent with Crime Prevention Through Environment Design (CPTED) techniques, which is supported by the City. Nine -foot wide parking spaces (Section 118475(a)) We are requesting a waiver to allow 9 -foot wide parking spaces at the proposed recreation facility. It is our belief that the majority of the residents will walk to the centrally- located recreational facility and the parking spaces will not be. in demand. In the past, the City has required the 10 -foot wide spaces for retail establishments where there is an expected loading of goods into automobiles. Similar actions are not anticipated at the proposed recreational facility. Eight -foot perimeter wall (Section 118 -279 (f)(1)) We are requesting a waiver to allow for a 8 -foot wall. It should be noted that the proposed wall will be six feet in height from the adjacent lot because of the proposed grade change. This allows for the security that is demanded in the marketplace for high -end communities. In order not to change the grade of the proposed preserve areas, the proposed wall will appear as eight -feet from the perimeter of the site. However, it is not anticipated that the wall will be seen from the public rights -of way because of the proposed 100 -foot preserve area adjacent to the location of the proposed wall. We hereby request a waiver for the reasons identified above. Side corner setback (Section 11.8-200 (a)(1 We are proposing 1 S -foot side corner setbacks for homes on 7000 Palm Beach L.ak*6 Boulevard Suite 600 The Concourse Want Palm Beach, Florida 33408-6687 561.689.0066 881.688.0561 fax Irvine, CA 714.489.8131 FILE No . 026 03/2 r' '00 12:45 1 D : U REM DESIGN STUDIO F(tX : 5616S9a51 PPCE 3, 4 individual lots. We are also requesting a waiver to allow a 5 -foot setback for screen enclosures and decks. The zoning designation being used for comparison purposes is RL -3 which has a 20- foot side corner setback requirement. This situation occurs on 12 of the proposed 91 single family lots. The proposed 15 -foot side street setback provides for more than sufficient area for buffering and landscaping in the side yard and is consistent with other planned communities within the City. Setback regulations are established to provide for the separation of structures for health and safety concerns, to allow for light and air to flow into structures and to provide sufficient open space for a community. The requested waivers to allow for it 15 -foot side corner setback for building and a 5 -foot setback for screen enclosures provide for the sufficient separation of structures and allows light and air into homes. It should also be noted that the subject project is proposing 730/a open space on site, which is in excess of the required 40%. Side setback (Section 118-200 (00) We are proposing 7.5 -foot side setbacks for all homes within the proposed community. We are also requesting a 5 -foot side setback for screen enclosures. The zoning designation tieing used for comparison purposes is RL -3 which has a 7.5 -foot or 10 percent of the lot width side setback requirement. Because of the proposed 90 -wide lot, which is 25 feet wider than the m.Wum lot width allowed in the RL -3 district, the setback requirement is 9 feet. We are requesting a waiver of 1.5 feet to allow for a 7.5 -foot side setback for homes and a waiver of 4 feet to allow for the 5- foot setback for screen enclosures. For the 70 -foot wide lots, the minimum setback is 7 feet. For the 70 -foot lots, we are requesting a 2 foot waiver for screen enclosures. The proposed side setback provides for a minimum 15 foot building separation and it minimum 10 foot separation for screen enclosures, which meets or exceeds the i 0 -foot standard established for the Fire Department. This provides for sufficient area for landscaping and the provision of light and air. As indicated above, the San Michele is proposing 73% open space in the community. )Forty percent open space is required for residential PUDs. Rear setback {Section 118-200 (a)(4)) We are requesting a 3 -foot rear setback for screen enclosures. The zoning designation being used for comparison purposes is RL -3 which has a 10 -foot rear setback requirement. it should be noted that the proposed rear building setback is 10 feet, which is in conformance with the RL -3 standards. Setback regulations are established to provide for the separation of structures for health and safety concerns, to allow for light and air to flow into structures and to provide sufficient open space for a community. This is not a concern with the screen enclosure as light and air will travel through the screen enclosure. It should also be noted that the subject project is proposing 73% open space on site, which is in excess of the required 40%. Littoral Planting zones (Section 98 -146) The South Florida Water Management District discourages littoral planting in lakes where there is a possibility of water level fluctuations. Because of this, we are requesting a waiver_ from this littoral planting requirement. BAR 27 2000 c -; INNING G��� ZONING ; �f t- !1..E No. Usti U {. Z 1 '00 12:4b l U: U J LCS 1 CCU S I UU 1 U FAY, : 5616890551 PACE 41 4 Lot Coverage We are proposing a 40 % lot coverage on all of the proposed 91 lots. The zoning designation being used for comparison purposes is RL -3, which has a 35% maximum lot coverage standard. The proposed 40% maximum lot coverage is consistent with the lot coverage standards for other high -end residential projects. For example, many of the recent approvals for individual parcels within the I3allentsles PCD has lot coverage standards of 40 to 45 %. Ballen1stles Parcel 6A and Parcel 7 have a maximum lot coverage of 45 %. BallenWes Parcel 24 has a maximum lot coverage of 43 %. Parcel 14 has a lot coverage of 60 %. 73allen1sles Parcels 8a, gb, and 10 have a 40% lot coverage. It is generally acceptable to have higher lot coverage standards because additional open space are provided through the PUD and PCD regulations. The San Michele PUD is proposing 73% open space for the site. Code requires 40% for the PUD. For these reasons, we are requesting a waiver to allow for a 40% lot coverage. F,11�N &ING - ,`\ i, 1pN1NG 01/03/2000 13.31 bblb227631 JAMES F. SCHNELLE, J !P.F- Environmental management & Engineering 8259 N. Military Trail Suite 6 PALM BEACH GARDENS, FLORIDA 33410 (561) 622.5849 FAX (561) 622-7631 14r. John Lindgren,,Planner City of Palm Beach Garderis FAY '75 -1014 t-Aut Ul DATE January 3,1999 - ------ SU,gJECr-.. --San Michele EWirOnIW-ntal Dear John: We have reviewed the Urban Design Narrative response contained in your transglittal . . . ........... this day and hereby sign-off on this project as described and detailed in said narrative. Regards and best wishes -for a Happy & Pmsperws New Yearl SIGNED E) NO REPt Y NECESSARY L iiini loll iii ii i u 0 PPL December 1, 1999 Florida Power & Light Company, P. 0. Box 14000, Juno Beach, FL 33408 -0420 Mr. Jim Norquest Principal Planner City of Palm Beach Gardens 11560 North Military Trail Palm Beach Gardens, Florida 33410 RE: San Michele Development North of Hood Road Dear Mr. Norquest: I learned today from Mark Hendrickson of your office that the site plan for the subject development has been re- submitted for approval by the City. Although I do not have a copy of said plan, it has been described to me. Based on that description, Florida Power & Light Company does not agree with the service area shown to safely and adequately operate and maintain its transmission and distribution facilities. If you have any questions, please do not hesitate to call me at 691 -2126. Your cooperation is appreciated. Sincerely, Ji Weeks Corporate Real Estate cc: John Little, Esquire w �' koo �o a m an FPL Group company 4W EXECUTIVE OFFICE Seacoast Utility Authority March 13, 2000 VIA FAX: 799 -4281 Mr. John C. Lindgren II City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: San Michele - Frankel Dear Mr. Lindgren: We have no comments on your transmittal dated March 9, 2000 concerning the referenced project. Once detailed water and sewer plans are available we will be able to provide additional input on this project. Note that we are not able to comment on the conceptual landscape plans until detailed water and sewer plans are available. Please call if you require additional information. Sincerely, SEACOAST U Bruce Gregg Director of Operations ad cc: R. Bishop J. Lance S. Serra AUTHORITY Mailing Address: PO. Box 109602 Palm Beach Gardens. Florida 33410 -9602 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 Memo To File From: Mark Hendrickson, City Forester hl //d Subject: Frankel Parcel 4.08 PUD Date: December 5, 1999 I have reviewed the application submitted November 24, 1999. Based on information provided at the November 23, 1999 meeting with the petitioner, I can now recommend DRC certification. The following are my comments for the December 14, 1999 P &Z Commission meeting: The western boundary contains a FP &L line. It is my understanding that FP &L will be requesting a 25' wide easement along the entire western boundary and recommending a building setback of 31' from their lines throughout the review process of this project. If these items materialize in the future, it may affect the site plan and landscape plan. The petitioner is proceeding at their own risk by not resolving these issues prior to City review and approval. I recommend a condition of approval for the P &Z Commission and City Council, stating that if the site plan changes, including during construction plan review, in favor of FP &L, this petition shall return to P &Z Commission and City Council for review and approval. The lakes do not have littoral plants proposed. Please provide a waiver and justification or provide a typical planting area and its locations. The application indicates an eight -foot tall wall. This requires a waiver and justification. The site plan is not clear as to where the 10.9 acres of preserve is located. The parkway must account for a large portion of the proposed preserve area. If 10.1 acres of preserve is required, I continue to have some concerns that utility easements are double counted as preserve area, based on the crosshatching and proposed locations of easements. For example, the master site plan indicates a 6' FP &L easement to be granted all along Central Boulevard, a 20' wide and 18' wide water main easement in the northeast and northwest corners of the project respectively, all of which appear to be counted as naturally vegetative areas. Please revise the plans similar to the water main easement near the southeast corner to less out all easements. Please less out the 10' wide area cleared for the wall as shown in the 90' Parkway /upland preservation plan A -A' from the preservation acreage. Also, no berming will be permitted in a preserve. Please explain what is meant by 10' minimum upland preserve on details A -A' through E- E'. The exhibits indicate that the preserve would extend beyond the proposed walls on to private lots. This is not possible or allowed by code. The parkway and preserve can be one in the same after you subtract the easements, etc. For example, detail E -E' has a 112' parkway between the wall and the property line along Hood Road. Ninety (90) feet of it could be counted towards a preserve, if no berming, nonnative plants or permanent irrigation occurs. You may want to save trees and plants within lots, but they cannot be counted towards preserve acreage. Please correct. The plans for the recreation area indicate future clubhouse with landscaping. Please indicate when the clubhouse will be built and how the north side of the pool area will be landscaped prior to clubhouse construction. Please provide a typical landscape plan for water main easements or provide a hedge next to the proposed wall. The landscaping in the median of Central Boulevard is a good start. The existing sidewalk along the west side Central Boulevard will be removed allowing for additional room to landscape along the road shoulder as well. Please revise the roadway beautification plan to show landscape beds in the road shoulder areas where the new sidewalk comes out closest to the ROW line. • The future road along the north needs to be landscaped where possible. I will recommend that Frankel contribute to this installation and maintenance. • We should be able to condition this project so that staff reviews the construction plans prior to construction permit for more details on the buffers and preserve restoration. • I suggest shade trees not be installed near the tennis courts for maintenance reasons. Please rethink that design, including the vegetation proposed in the adjacent buffer B -B' • Normal lake maintenance easements (LME) are 20' wide. Please explain in a narrative why this petition is proposing 30' and 32' wide LME. Should proposed Lots 1- 4 have a LME associated with them similar to the rest of the project? Also, Lots 21 and 31 are connected to each other by the LME. Please indicate their respective property lines. • Please provide a cross - section of the proposed lake maintenance easements as they relate to the lot grades and proposed setbacks. I may have additional review comments after the above mention items have been addressed. There are two project design items that I recommend the City not support. The fencing off of a preserve is not environmentally correct. Putting lake maintenance easements within lots create future problems between homeowners and their association. I have no problem walling in a community for security reasons, but that can be done without affecting the flow of wildlife corridors. For example, there is no reason why the western preserve needs an 8' tall wall and a 6' chain -link fence around it. I believe the preserves and parkway should be an amenity for the community rather than a barrier as proposed. The City's codes speak to this very issue in Sections 98 -69 (g) and 102 -10 (g). I recommend that all the preserves be connected rather than fragmented and walls /fencing be installed as to not restrict habitat corridors. Secondly, all lakes should have a common area around them owned by the homeowners association (HOA). It is unreasonable for the future HOA to not have total control over the maintenance of their lakes. It is also unreasonable to expect property owners to buy property that they cannot fence off, build on, or landscape. I recommend all lakes be tracts of land that also include common maintenance areas around them. I also recommend the setback chart include fencing, as it relates to the proposed LME. Memo To File From: Mark Hendrickson, City Forester Subject: PUD- 99 -03, Frankel Parcel 4.08 San Michele PUD Date: January 11, 2000 I have reviewed the application submitted December 22, 1999. The following are my comments and recommendations for the January 11, 2000 P &Z Commission meeting: Please note that changes have occurred to the previously submitted conditions. These changes are underlined and in bold print. There continues to be some minor discrepancies between the narratives for the parkway/ preserve and the cross - section exhibits. Therefore, I recommend the following condition: There shall not be any man-made berming or non - native vegetation within the perimeter open spaces /parkway areas that are platted as preserves. Due to the extremely close acreage estimates for the required and proposed upland preserve, and the unresolved FP &L easement issue, I recommend the project's plat be approved by City Council prior to any land clearing. I have experienced in similar projects how the conceptual nature of the site plan and the location of the utilities have changed prior to construction. The plat is the best way to define the boundaries needed for clearing. Therefore, I recommend the following condition: No land clearing, other than exotic invasive vegetation, shall occur until the bond or surety has been posted for this project. Due to the conceptual nature of the landscape plan exhibits "A -A" through "G -G ", I recommend the following condition: Pursuant to Article III, Section 114 -71, entitled Required subdivision improvements, prior to the issuance of the building permit, the petitioner shall be required to post a bond for the project landscaping/buffer and entry feature. In order to arrive at the cost estimate for a bond, detailed landscape plans need to be completed, reviewed and approved by the City staff, including the City's Environmental Consultant. Where wetlands are being converted to upland forest, and where poor quality uplands are being restored (as in the 0.42 area B), typical minimum planting plans per a specific area may be approved. The installation of the buffers should be conditioned as follows: 1. Prior to the issuance of the 45' house building permit, the Parkway System, including the median, shall be completed along Hood Road and Central Boulevard, except for that portion of Central Boulevard required by Gardens Presbyterian Church to install. 2. Along the northern and western boundaries, all landscaping or preserve restoration, exotic plant removal and /or enhancement work shall be completed within preserves and buffers, prior to the adjacent lot wall/fence being installed or constructed. 3. The Clubhouse and pool recreation area shall be completed prior to the issuance of the 45`h house building permit. I recommend that the petitioner's restriction that " all lots abutting private lakes shall not build within lake maintenance easements" include all types of fencing or walls. The condition shall read as follows: The project's plat shall include restrictions in the lake maintenance easements (L.M.E.) which prohibit structures, walls and fencing, but allow landscaping as permitted by the POA, as long as there is at least 12' of unobstructed passage through the landscaping around the entire lake. I recommend the following condition for the public roadway landscape maintenance: The Homeowners Association (HOA), as required by the HOA documents, shall maintain landscaping and irrigation within the medians and road shoulders along the entire length of the development of Hood Road, Military Trail and the future road along the northern boundary, in perpetuity. The City shall require, as a condition of approval of any new project located on the north, south or east of these adjacent road systems, that they bear their proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the HOA shall automatically become a member of said District. This condition shall also be made a part of the HOA documents. PALM BEACH GARDENS POLICE CRIME PREVENTION MATRIX CHART PROJECT NAME: PUD -99 -03 Parcel 4.08 (Frankel) REVIEWED BY: Officer E. Lovejoy e55��y° DATE: 10 -12 -99 Problems /Concerns Needs /Suggestions Solutions Lighting locations should Make sure lighting does not Good lighting serves as an not conflict with conflict with landscaping, excellent deterrent to landscaping (to include long especially long term tree potential criminal activity. term tree canopy growth). canopy growth. Will also provide visibility for officers patrolling the area on the night shift. Lighting information for Provide lighting rrovide iigntuig common areas not provided. information. information. Residential design Provide design guidelines. Provide design guidelines. guidelines not provided (porch, garage, etc. details). Restricted access into pool Provide restricted access Restricted access of pool area at clubhouse not into pool area (IE: key area helps to prevent indicated control, security pad). unauthorized use of pool, cuts down on potential vandalism and provides greater security and protection to pool users, especially children. Details of residential Provide visible numbering Visible numbering system number system not system which is easy to will assist emergency provided. read and not obstructed. services and others locate residences in a timely and efficient manner. Define purpose of gates and how they are to be secured. areas potential concern. • If garage has a window, it should be connected to alarm system. Page 1 of 2 Adopting these security measures will help to target harden residences for better security. • The inside garage door leading into residence should be a solid core door and equipped with single cylinder dead bolt lock. • All alarm panels should be kept out of view from windows. • If front door has a side pane window it should be placed on the opposite side of the door handle and lock making them unreachable. • If front door has zero visibility to front entry way areas equip it with an 180 degree peephole. • Equip all exterior doors with security hinges. • Entry doors to open outward versus inward. • Run telephone lines underground with box hook -up on inside of garage versus the exterior of the garage where telephone line can be cut making alarm inoperable. • Equip all sides of home, to include rear porch area, with electrical outlets to give homeowner the option to install motion sensor security lighting that automatically turns on by approaching intruders or other unwanted guests. 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I� p �J 4 8 I d 80'1 103JBd .�E 1., oz TL �■ CIZ ® �is �o�d t 0 0 m cLa m Al u w 0 0 75 m m 'i� u i w 0 0 75 m m 'i� u LIM RSM - - - - - - - - MIN • ca IS ..... ..... ��_� ��� ������ ego I LEN, II. • y am Mm ilk r ! R -f `® i 0 123 O I ` -. . . � � G Ilu +1� ./ - fit_- •�. 4 i a Bun Raim aNn.1Z SI w � CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 SUBJECT /AGENDA ITEM: Public Hearing & Second Reading for Ordinance 6, 2000, a request for an amendment to the Regional Center Medical Mall Planned Unit Development (PUD) for the construction of two 6- story professional office buildings and a 6 -story parking structure, to be known as Gardens Corporate Center. RECOMMENDATION: Staff recommends that Ordinance 6, 2000 be approved with conditions. Reviewed by: v K t S& Originating Dept.: Costs: $ Council Action: Total City Attorney VN Growth Management [ ] Approved ACM $ [ ] Approved w/ Current FY conditions Finance NA Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: 2/16/00 [ ] Operating Paper: The Palm ( ]Other • Ordinance 6, 2000 • Resolution 118, 1994 Beach Post *Resolution 164, 1996 * Drainage update dated 10/11/99 • Kimley -Horn traffic letter dated 6/30/99 e MacArthur Foundation letter dated 4/20199 • Crime matrix • Oliver•Glidden letters dated 9/3/99, 9/20/99, 10/4/99,10/26/99, 12/3199, & 1/4/00 • Site plans • Previously approved —00. site plan Submitted by: Growth Management Dir ctor Affected parties [ X ] Notified Budget Acct. #:: [ ] None Approved by: City Manager ( ] Not required City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 REQUEST: Oliver — Glidden & Partners, Inc., agent for an ownership consortium, is requesting a planned unit development amendment for a 15.6 -acre site located at the northeast corner of PGA Boulevard and Alternate AM The proposed amendment includes two (2) six story office buildings (totaling 223,943 square feet) with a separate parking structure. The applicant is also requesting the deletion or amendment of conditions #9, #12, and #13 of Resolution 118, 1994. (6- 42S -43E) BACKGROUND: The site is located within the Regional Center Planned Community District (PCD), which was created through the adoption of Resolution 9, 1984. The Regional Center was a DRI. This site was originally approved by Resolution 118, 1994 (see attachment), and referred to as the "Mediplex ". Resolution 21, 1995 approved the plat for the site. The project was subsequently amended through Resolution 89, 1995 (amending the exterior architectural finishes to the buildings), Resolution 69, 1996 (modifying the exterior architectural finishes to the buildings), Resolution 124, 1996 (amending the signage), and Resolution 164, 1996 (see attachment). The amended plan included two phases. The first phase has been constructed and includes two buildings: 1) a 10 -story medical office building and parking garage (totaling 184,057 square feet), and 2) a 3 -story skilled nursing facility with 120 beds (totaling 70,000 square feet). The approved second phase called for the construction of a 10 -story medical office building (totaling 223,943 square feet) and a parking structure with 965 spaces. This proposed amendment will affect phase 2 only. The 223,943 square -foot medical office building and parking structure will be replaced with two 6 -story professional (80 %) and medical (20 %) office buildings (each 111,972 square feet in size), and a 6 -story parking structure with 906 spaces. LAND USE & ZONING: The subject site is zoned as a Planned Community District (PCD) with a Planned Unit Development (PUD) overlay, and has a future land use designation of Professional Office (PO). The site is also part of the Regional Center DRI. The applicant wishes to maintain the PCD zoning, the PUD overlay, and the PO future land use designation. For a complete listing of adjacent uses, land use designations and zoning districts, see FJ City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 Table 1. Table 2 examines how consistent the proposed project is with the City Code and future land use for the site. CONCURRENCY: Because the proposed amendment does not exceed the previously- approved capacity for the site, it remains vested in regards to its concurrency. The original approval would generate 13,489 vehicular trips per day, while the proposed revised plan would generate 10,507 daily trips. The proposed plan would thus result in a net decrease in daily traffic of 2,982 trips, which will permanently be lost upon the approval of this amendment. The build -out date for the revised project will be the build -out date for the Regional Center DRI (December 31, 2004). PUBLIC & PRIVATE SERVICES The City's Development Review Committee (DRC) discussed the request at their August 26, 1999 meeting. A listing of the various departmental comments is attached for your review. Furthermore, the applicant was informed at the meeting concerning the Pattern Book and City Center Pedestrian Linkage Study which will soon be adopted; the applicant was instructed that they would be required to comply with these. PROCEDURE: This is a request for approval of an amendment to a Planned Unit Development (PUD). A request for approval of a PUD amendment is first reviewed by the Development Review Committee (DRC). The DRC forwards comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission makes a recommendation on the request to the City Council. The City Council reviews the requested PUD amendment for consideration of approval, approval with conditions, or denial. PROJECT DETAILS: Building Site The proposed amendment will maintain the existing Phase 1, which includes a 10 -story medical office building and parking garage (totaling 184,057 square feet), and a 3 -story skilled nursing facility with 120 beds (totaling 70,000 square feet). The previously approved second phase called for the construction of two medical office buildings (totaling 223,943 square feet) and a parking structure with 965 spaces. 3 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 The proposed petition will amend Phase 2 by replacing the 223,943 square feet of medical office space (in 2 buildings) and the parking structure with two 6 -story professional and medical office buildings (each 111,971.5 square feet in size for a total of 223,943 square feet), and a 6 -story parking structure with 906 spaces. The proposed project will have a total of 1,677 parking spaces (1,650 spaces are required by City Code). There will be no surface parking in Phase 2. The amendment will result in the permanent change of the 223,943 square feet of office from 100% medical /dental, to 80% business /professional and 20% medical /dental, plus ancillary, bank, etc. The parking calculations are based on this change, and the applicant is agreeing to the reduction of approved trips. The applicant also understands that they are permanently forfeiting the ability to go back to a higher proportion of medical /dental office. Because the entire site (which contains both Phase 1 and Phase 2) is one PUD, the entire site is open to review with this petition. Aesthetics Because this is a previously- approved and partially -built project, the principal aesthetic challenge presented by this project is to successfully blend the new buildings with the existing ones. This is especially true because one of the existing structures, the 3801 building, presents such a dominant physical presence. The applicant provided detail concerning the material and colors to be used in Phase 2 on the building elevations, and has further stated that the office buildings and parking garage in Phase 2 use materials, colors, and other design elements that are compatible with those used in Phase 1. However, the glass windows proposed for the Phase 2 are different in color than those used in Phase 1, and there is less use of the darker marble. Condition #2 in Resolution 164, 1996 states that "[t]he Phase 2 Medical Office Building shall be of the same construction and quality in all respects and otherwise identical to the Phase 1 Medical Office Building." This condition was created by Staff to ensure that the buildings in both phases of the site would be compatible with each other. This condition must be deleted with the approval for this petition. The City's proposed pattern book provides design guidelines for architecture, site design, landscaping, site & street furniture, and roadways. These guidelines include recommendations for the type of roofs, building materials, colors, building orientation, parking, pedestrian linkages, and plant materials and location. This project meets the significant guidelines in the pattern book, within the context of having to match an existing building. 4 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 Site Access The site will have a total of two access points, one along Lake Victoria Gardens Drive and one along Kyoto Gardens Drive. The site will not have any ingress /egress points along Alternate Al A or PGA Boulevard. Walkways The large previously approved pedestrian plaza is being replaced with a walkway, open space, and a sculpture garden. Waste Manaqement There are two existing dumpsters located in Phase 1, and there are two more dumpsters proposed for Phase 2. Each dumpster in Phase 2 will be located adjacent to the building that it is intended to service. Siqnaqe The site currently has two existing ground signs: one at the intersection of PGA Boulevard and Lake Victoria Gardens Drive, and the other located at the Lake Victoria Gardens Drive ingress /egress point. The applicant is now proposing a ground sign to be located at the Kyoto Gardens Drive ingress /egress point, and another ground sign along the internal drive aisle for the project. PGA Boulevard, Lake Victoria Gardens Drive, and Kyoto Gardens Drive are all public roadways. City Code requires that there be a minimum of 2,400 linear feet of public roadway frontage for a site to have 4 ground signs; the Gardens Corporate Centre site has approximately 3,380 linear feet of public roadway frontage. The applicant has not provided detail for the two new ground signs; therefore, he will be required to submit a petition in the future for City Approval of the elevations of the new signs on the site. Landscapinq The required amount of landscaping points for the proposed project is 8,980, and the applicant is proposing landscaping totaling 17,973 points. Currently, the applicant wants to accept only limited responsibility for installing or maintaining landscaping in the medians or road rights -of -way for PGA Boulevard and Alternate Al A. Staff has proposed new conditions of approval regarding roadway landscaping (see recommendation section on page 14 — 16) which were modified by the Planning and Zoning Commission. Phasinq Phase 2 of the site will be done in two stages. In the first stage, office building 2a (the southernmost office building in phase 2) will be constructed along with a portion of the parking garage (590 spaces). In the second stage, office building 2b will be constructed, as will the remainder of the parking garage (an additional 316 spaces). 5 City Council Meeting Date: April 6; 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 PGA Boulevard Corridor Overlay Section 118 -280 of the City Code of Ordinances requires that all lands within the City that front or abut PGA Boulevard, for a depth of 1,000 feet from the edge of right -of- way, meet various aesthetic design requirements because it is the City's "Main Street." The proposed project does not violate any of these requirements. As an office complex, for example, the proposed use is in line with the uses envisioned by the PGA Corridor Overlay. The pedestrian plaza /sculpture garden fulfills the requirement for "pedestrian- friendly focal space." The project also demonstrates compliance with the "building design guidelines" section of the "GA Overlay by demonstrating "unity of character and design" between the existing and proposed buildings, and through the use of "compatible color palettes." FDOT Takinq After the future FDOT right -of -way taking, the existing portion of the site (Phase 1) will no longer have the required 55 -foot landscape buffer abutting PGA Boulevard; the 3801 building will only have a 30 -foot setback from the property line along PGA Boulevard. The 30 -foot landscape buffer will be a valid legal nonconformity because it will be created by the FDOT taking, not because of any action made by the applicant. The FDOT taking will also result in a reduction in open space of approximately 9.83% on site (from 56.49% to 46.66 %). Some landscaping will also be lost because of the FDOT taking; however, the Canary Island Date Palms feature at the corner of PGA Boulevard and Alternate Al will need to be relocated (by the applicant, successors, or assigns) to the future corner of the two roadways (after the FDOT taking). MacArthur Foundation In letters dated March 29, 1999 and April MacArthur Foundation voiced that they had to the project and use (see attachments). Art in Public Places 20, 1999, the John D. and Catherine T. no objections to the proposed modifications The applicant wishes to locate their "Art in Public Places" requirement in the "Sculpture Garden" located along PGA Boulevard. Plattin,q Resolution 21, 1995 approved the plat for the first phase of this site; however, the entire site will have to be replatted to include both Phase 1 and Phase 2. Waivers Waiver requests (including justification statements) have been submitted for all buildings on the site that have a height greater than 36 feet, and for 9 -foot wide parking spaces (see attached letter dated January 4, 2000). City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 Previous Conditions The applicant has submitted a letter dated September 3, 1999 (see attachment), requesting the deletion of three conditions from the previous approval for the site (conditions #9, #12, and #13 from Resolution 118, 1994). The request for the deletion of conditions #12 and #13 are also elaborated in the September 20, 1999 letter. Condition #9 requires the applicant to replace any tree or plant that dies during construction. The applicant states in the September 3, 1999 letter that every effort will be made to preserve existing trees on site, but if any trees die during construction, then the mitigation as noted on the landscape plan will apply. Staff supports the removal of this condition. Condition #12 requires the applicant to install and maintain landscaping in the median of Alternate A1A adjacent to the project site. The applicant states in both the October 26, 1999 letter and the December 3, 1999 letter that the MacArthur /Regional Center Property Owners Association (POA) will install and maintain the landscaping in this median. Therefore the applicant would like to be relieved of this responsibility. Staff supports removing this condition and replacing it with a different condition (see conditions #12, #13, and #14 in the Recommendation section of this report). Condition #13 requires the applicant to replace any landscaping or sidewalks removed along Alternate A1A and PGA Boulevard (including the medians) because of the widening of Alternate A1A and the PGA Overpass. The applicant states in both their October 26, 1999 letter and the December 3, 1999 letter that the MacArthur /Regional Center Property Owners Association (POA) will be responsible for the landscaping and sidewalks along the two roadways (and within the medians). Therefore the applicant wishes to be relieved of this responsibility. Staff supports removing this condition and replacing it with a different condition (see conditions #12, #13, and #14 in the Recommendation section of this report). After reviewing these requests, Staff has deleted some of these conditions, reworded others, and restated the remaining conditions in the "Recommendation" section of this report. STAFF COMMENTS: Engineerinq Assistant City Engineer Sean Donahue stated that they support the City's Land Development Regulations that require 10 -foot wide parking spaces. Mr. Donahue also suggested the following conditions: 7 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 1. Prior to construction plan approval, the applicant, successors, or assigns shall verify that all the requirements of the master stormwater permit have been satisfied to the satisfaction of the City Engineer. 2. Any 9 -foot wide parking spaces on the site shall be double striped. 3. The lighting intensity at the perimeter of the parking garage shall not exceed the 10.0 foot - candle maximum. 4. Prior to construction plan approval, sidewalk detail shall be added to the paving, grading and drainage detail sheet. 5. Prior to construction plan approval, the applicant shall identify the shapes located at the edges of the contoured sidewalks located throughout the site on the Site Plans (they appear to be benches). 6. Prior to construction plan approval, the applicant shall move the stop bars at the circular drives (shown on the site plan), to the outside of the pedestrian crossings. 7. Prior to construction plan approval, the applicant shall add curb cuts to the sidewalks that cross the entrance to the site from Kyoto Gardens Drive. Northern Palm Beach County Improvement District Northern Palm Beach County Improvement District (Northern) has stated that the proposed project is located within its jurisdiction. Therefore, the applicant will be required to apply and obtain Northern's Standard Permit (see attachment). Planning & Zoning Division Regarding Resolution 118, 1994, conditions #6, #7, #8, and #9 are required by code; therefore they do not need to be restated. Conditions #12 and #13 should be removed per the applicant's request, and conditions #14 and #15 have been completed, and are no longer on the applicant's property. Staff recommends that conditions #5, #10, #17, and #18 of Resolution 118, 1994 (attached) be carried over with the approval of this petition. Condition #10 addresses existing and future landscaping, while conditions #17 and #18 deal with the accessibility and signage of medical ancillary uses. Condition #11 has been modified below (condition #3). Conditions #1, #2, #3, #4, and #16 have already been met, and are no longer necessary. Staff further recommends that condition #1 of Resolution 164, 1996 (attached), which states that "[t]he louvers are to be painted to match the window frames ", be restated to read `The color of the louvers shall be compatible with the surrounding building." Finally, Staff recommends that the following new conditions be added with this approval: 1. The bank's drive - through operation shall account for less than 50% of the bank's business. 2. The loss of the traffic trips with this approval (compared to the previous approval) shall be permanent. The applicant will, not be permitted to 8 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 amend this PUD approval in such a manner that would increase the amount of traffic generated by this site. 3. Pursuant to Article III, Section 114 -71, of the City's Land Development Regulations, the applicant shall provide a bond or escrow for 110% of the cost to install landscaping and irrigation within the PGA Boulevard and H 4 Q Alternate A1A roadway (flyover) improvements, per the Florida Department of Transportation (FDOT) final plans, from and including the respective medians of said roads to the property line, which includes phase 1, 2a, and 2b. The applicant, successors or assigns shall provide said bond to the City within six (6) months of this approval. Prior to the final certificate of occupancy of Phase 2a or 2b, which ever occurs first, the applicant shall either: 1) Install the landscaping and irrigation within PGA Boulevard and Alternate A1A, per the FDOT final plans (based on preliminary plans dated August 19, 1999, and listed as exhibits in Ordinance 6, 2000), from and including the respective medians of said roads to the property line, which includes Phase 1, or 2) Installation of the landscaping and irrigation shall be the responsibility of the applicant within 12 months of the completion of the PGA Boulevard and Alternate Al flyover improvements, or 3) If by any other separate agreement between the applicant and City, the above mentioned landscaping and irrigation is installed by FDOT or any other entity, the applicant shall not be responsible for said installation, or 4) If the PGA Boulevard flyover does not get built by January 1, 2005, the Alternate Al median and road shoulder landscaping approved with Resolution 118, 1994 (previously part of Phase 2) shall be installed, pursuant to the landscape plan as referenced in Section 2, numbers 6, 7, and 9 of Resolution 118, 1994. The applicant shall be responsible for the mai Boulevard and Alternate Al A landscaping ant including the medians of said roadways to the includes Phase 1, when and if for any reason Property Owners Association (a.k.a. MacA Association) terminates their maintenance of maintenance shall continue even if any of this area ownership. itenance of the PGA irrigation from and property line, which the Regional Center thur Center Master said areas. This reverts back to private The MEDICAL MALL AT PALM BEACH GARDENS PU approved by Resolution 21, 1995, shall be replatted to Gardens Corporate Center, prior to issuance for the building 9 ,T ONE, as include the permit. The City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 plat shall designate the first 55 feet associated with Phases 2a and 2b, and the first 35 feet associated with Phase 1, along Alternate A1A and PGA Boulevard, as open space landscape easement for buffering and landscape purposes. Police Officer Gwen Fleming has reviewed the plans for the proposed project, and has generated a crime prevention matrix identifying problems and concerns, and offering suggestions and solutions (see attachment). To date, no objections or comments have been received from the following departments and agencies: Building Division, Florida Power & Light (FPL), Seacoast Utility Authority, Palm Beach County School District, Fire Department, Parks & Recreation, South Florida Water Management District (SFWMD), and Legal. PLANNING & ZONING COMMISSION: Because of the size and location of this project, several workshops were required to adequately review the petition. The Planning and Zoning Commission heard this petition as a workshop on September 28, 1999, October 12, October 26, 1999, November 9, 1999, and December 14, 1999. At its December 14, 1999 meeting, the Commission recommended that the project be heard as a recommendation to City Council (including the required public hearing) at its January 11, 2000 meeting. The Planning and Zoning Commission reviewed this petition at a public hearing during their January 11, 2000 meeting. The Commission voted 7 — 0 to recommend approval of PUD -99 -12 with conditions developed by Staff and agreed upon by the applicant (see below for these conditions). The Commission also recommended approval for the requested waivers. CITY COUNCIL: City Council reviewed this petition as a first reading on February 3, 2000. Council stated that they did not want a public hearing held for this petition until they were assured that the Regional Center's drainage problems are solved. This matter was addressed by the City Engineer at the February 17, 2000 City Council meeting. Council also requested that the applicant re- examine the beige color being proposed to see if it can be toned down. 10 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 City Council held a public hearing for the review of this petition at their March 2, 2000 meeting. Per the request made by the applicant, City Council voted to continue the public hearing to the March 16, 2000 City Council meeting. To address drainage concerns, City Engineer Len Lindahl created the following condition (which has been added to Ordinance 6, 2000): No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 19 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. City Council continued the public hearing for this petition to their March 16, 2000 meeting where Council granted the applicant's request to continue the public hearing to the April 6, 2000 meeting. RECOMMENDATION: Based on the applicant's most recent response, Staff recommends approval of petition PUD -99 -12 with the following conditions and waivers: Conditions for Phase 1 AND Phase 2 1. Pursuant to Article 111, Section 114 -71, of the City's Land Development Regulations, the applicant shall provide a bond or escrow for 110% of the cost to install landscaping and irrigation within the PGA Boulevard and Alternate Al A roadway (flyover) improvements, per the Florida Department of Transportation (FDOT) final plans, consistent with the FDOT preliminary plans dated August 19, 1999, from and including the respective medians of said roads to the property line, which includes phase 1, 2a, and 2b. The applicant, successors or assigns shall provide said bond to the City within six (6) months of this approval. The purpose of this bond is to provide the necessary funds for the City to complete the landscaping if the developer fails to install the landscaping as referenced in Condition #2. (Planning & Zoning) 2. Prior to the first certificate of occupancy of Phase 2a or 2b, which ever occurs first, the applicant shall: 1) If the PGA Boulevard and Alternate Al A flyover is complete, install the landscaping and irrigation within PGA Boulevard and Alternative A1A, per the FDOT final plans (based on preliminary plans dated August 19, 1999, and listed as exhibits in Ordinance 6, 2000) from and including the 11 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 respective medians of said roads to the property line, which includes Phase 1; or 2) If the PGA Boulevard and Alternate A1A flyover is not yet completed, install the landscaping and irrigation referenced in subsection 1 within six (6) months of its completion; or 3) If the PGA Boulevard and Alternate A1A flyover is not completed by December 31, 2004, install the Alternate A1A median and road shoulder landscaping and irrigation approved with Resolution 118, 1994 (previously part of Phase 2), pursuant to the landscape plan as referenced in Section 2, numbers 6, 7 and 9. The applicant shall be relieved of the obligations to install the landscaping and irrigation referenced in this paragraph if, by separate agreement between the applicant and the City, such landscaping and irrigation is installed by FDOT or any other entity. (City Forester) 3. The MEDICAL MALL AT PALM BEACH GARDENS PLAT ONE, as approved by Resolution 21, 1995, shall be replatted to include the Gardens Corporate Center, prior to issuance of the next building permit. The plat shall designate the first 55 feet associated with Phases 2a and 2b, and the first 30 feet associated with Phase 1, along Alternate A1A and PGA Boulevard, as open space landscape easement for buffering and landscape purposes. (Planning & Zoning) 4. Conditions #5, #10, #17, and #18 of Resolution 118, 1994 (attached) shall be carried over and reenacted with the approval of this petition. (Development Compliance) 5. The loss of the traffic trips with this approval (compared to the previous approval) shall be permanent. The applicant will not be permitted to amend this PUD approval in such a manner that would increase the amount of traffic generated by this site. (Planning & Zoning). 6. The applicant shall be responsible for the maintenance (as defined in the City's City Code and Landscape Maintenance Handbook) of the PGA Boulevard and Alternate A1A landscaping and irrigation from and including the medians of said roadways to the property line, which includes Phase 1, when and if for any reason the Regional Center Property Owner's Association (a.k.a. MacArthur Center Property Owner's Association) terminates its maintenance of said areas. This maintenance obligation shall continue even if any of this area reverts back to private ownership. (City Forester) 12 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 Conditions for Phase 2 Only 1. Prior to issuance of the final certificate of occupancy, the applicant shall obtain Northern Palm Beach County Improvement District's standard permit. (City Engineer) 2. The color of the louvers shall be compatible with the surrounding building. (Development Compliance) 3. The bank's drive - through operation shall account for less than 50% of the bank's business. (Planning & Zoning) 4. Prior to construction plan approval, the applicant, successors, or assigns shall verify that all the requirements of the master stormwater permit have been satisfied to the satisfaction of the City Engineer. (City Engineer) 5. The 9 -foot wide parking spaces on the site shall be double striped. 6. The lighting intensity at the perimeter of the parking garage shall not exceed the 10.0 foot - candle maximum. (Code Enforcement) 7. Prior to construction plan approval, sidewalk detail shall be added to the paving, grading and drainage detail sheet. (City Engineer) 8. Prior to construction plan approval, the applicant shall move the stop bars at the circular drives (shown on the site plan), to the outside of the pedestrian crossings. (City Engineer) 9. Prior to construction plan approval, the applicant shall add curb cuts to the sidewalks that cross the entrance to the site from Kyoto Gardens Drive. (City Engineer) 10. No external signage (except for the directory sign pursuant to the approved sign plan) shall be allowed for the ancillary uses proposed within the office buildings in Phase 2. (Development Compliance) 11. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 12.The applicant, successors, or assigns shall be required to submit a petition in the future for City Approval of the elevations of the new signs on the site. This petition shall be a miscellaneous petition heard by the Planning and Zoning Commission and City Council, and will not require a public hearing. (Planning & Zoning) 13.The build -out date of this project shall be the build -out date for the Regional Center DRI (December 31, 2004). (Planning & Zoning) 13 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 14.The following shall be the permitted ancillary uses in Phase 2 of this site, and shall not be physically accessible directly from the outside of either office building except for any required emergency exits: - pharmacy - newsstand - beauty salon /barber shop - medical retail -card shop -title company - staffing company - bookstore - office supplies /pack & ship - travel agency - retail brokerage -real estate office - mortgage company - restaurant/cafe /coffee shop /internet cafe /bakery (Planning & Zoning) 15. No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 19 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) Waivers for Phase 2 Based on the applicant's justification statements (see letter dated January 4, 2000) and the recommendation of the Planning and Zoning Commission, Staff recommends approval of the requested waivers for exceeding the maximum building height and the minimum parking stall width. 14 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 Subject Property Planned Community Professional Office District (PCD) with a (PO) Vacant/Undeveloped (part Planned Unit Development of existing medical office (PUD) Overlay and nursing facility) North Planned Community Professional Office District (PCD) with a (PO) Regional Center Planned Unit Development (PUD) Overlay South Planned Development Mixed -Use Area (MXD) Vacant/Undeveloped (PDA) West Research & i Industrial Light Industrial Park (1) Vacant/Undeveloped (M 1) East Planned Community Professional Office District (PCD) with a (PO) Regional Center Planned Unit Development (PUD) Overlay 15 City Council Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 Planned Community Professional (80 %) and Yes District (PCD) zoning with Medical (20 %) Offices & a Planned Unit Parking Structure Development (PUD) overlay, and a Professional Office future land use designation Minimum Building Site 679,536 square feet Yes Area for PO: 15,000 square feet Minimum Lot Width for -880 feet Yes PO: 100 feet Maximum Building Lot 26.23% Yes Coverage for PO: 35% Maximum Building Height Building Height: No for PO: 36 feet 92 feet (6 stories) (waiver required for the new buildings over maximum height; `151 -foot, 10 -story building existing buildings over maximum height exist as legal already exists on site. nonconformities) Front Setback for PO: Front Setback: Yes 25 feet 62 feet (existing building) Side Setback for PO: Side Setback: No 27 feet for buildings 25 feet (legal nonconformity) greater than 2 stories in (existing building) height Rear Setback for PO: Rear Setback: Yes 27 feet for buildings 55 feet greater than 2 stories in height PGA Boulevard Corridor 30 feet No Overlay Landscape Buffer: (existing 3801 building) (legal nonconformity) 55 feet g /short: pud9912.cc5.doc 16 March 20, 2000 ORDINANCE 6, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN APPLICATION OF OLIVER•GLIDDEN & PARTNERS, INC. REPRESENTING AN OWNERSHIP CONSORTIUM, AMENDING THE "MEDICAL MALL" PLANNED UNIT DEVELOPMENT (PUD) NOW KNOWN AS THE "GARDENS CORPORATE CENTER ", LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF PGA BOULEVARD AND ALTERNATE A1A, AND MORE PARTICULARLY DESCRIBED HEREIN, IN ORDER TO CONSTRUCT TWO (2) SIX -STORY OFFICE BUILDINGS AND A SIX -STORY PARKING STRUCTURE IN PHASE 2 OF THE PUD; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Oliver•Glidden & Partners, Inc., representing an ownership consortium, for approval of an amendment to a 15.6 -acre planned unit development (PUD) known as the "Medical Mall ", located at the northeast corner of PGA Boulevard and Alternate Al A, as more particularly described in Exhibit "A" (Phases 1 & 2) and Exhibit "B" (Phase 2) attached hereto; WHEREAS, the 15.6 -acre site is currently zoned planned community district (PCD) with a planned unit development (PUD) overlay and a future land use of professional office (PO); and WHEREAS, the entire planned unit development (PUD) shall now be known as the "Gardens Corporate Center"; and WHEREAS, all conditions of approval listed in Resolution 118, 1994 are hereby null and void, except for conditions #5, #10, #17, and #18 that are carried over and reenacted with the adoption of this ordinance; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said 17 Ordinance 6, 2000 Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the amendment to the planned unit development (PUD); and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to a 15.6 -acre planned unit development (PUD) formerly known as the "Medical Mall" as more fully described in Exhibit "A" (Phases 1 & 2) and Exhibit "B" (Phase 2) attached hereto and incorporated herein by this reference. Said PUD shall henceforth be known as the "Gardens Corporate Center." SECTION 2. Said planned unit development (PUD) is approved subject to the following conditions that shall be the responsibility of the Phase 1 AND Phase 2 property owners, successors or assigns: 1. Pursuant to Article III, Section 114 -71, of the City's Land Development Regulations, the applicant shall provide a bond or escrow for 110% of the cost to install landscaping and irrigation within the PGA Boulevard and Alternate A1A roadway (flyover) improvements, per the Florida Department of Transportation (FDOT) final plans, consistent with the FDOT preliminary plans dated August 19, 1999, from and including the respective medians of said roads to the property line, which includes phase 1, 2a, and 2b. The applicant, successors or assigns shall provide said bond to the City within six (6) months of this approval. The purpose of this bond is to provide the necessary funds for the City to complete the landscaping if the developer fails to install the landscaping as referenced in Condition #2. (Planning & Zoning) 2. Prior to the first certificate of occupancy of Phase 2a or 2b, which ever occurs first, the applicant shall: 1) If the PGA Boulevard and Alternate Al A flyover is complete, iu., Ordinance 6, 2000 Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 install the landscaping and irrigation within PGA Boulevard and Alternative A1A, per the FDOT final plans (based on preliminary plans dated August 19, 1999, and listed as exhibits in Ordinance 6, 2000) from and including the respective medians of said roads to the property line, which includes Phase 1; or 2) If the PGA Boulevard and Alternate Al A flyover is not yet completed, install the landscaping and irrigation referenced in subsection 1 within six (6) months of its completion; or 3) If the PGA Boulevard and Alternate A1A flyover is not completed by December 31, 2004, install the Alternate All median and road shoulder landscaping and irrigation approved with Resolution 118, 1994 (previously part of Phase 2), pursuant to the landscape plan as referenced in Section 2, numbers 6, 7 and 9. The applicant shall be relieved of the obligations to install the landscaping and irrigation referenced in this paragraph if, by separate agreement between the applicant and the City, such landscaping and irrigation is installed by FDOT or any other entity. (City Forester) 3. The MEDICAL MALL AT PALM BEACH GARDENS PLAT ONE, as approved by Resolution 21, 1995, shall be replatted to include the Gardens Corporate Center, prior to issuance of the next building permit. The plat shall designate the first 55 feet associated with Phases 2a and 2b, and the first 30 feet associated with Phase 1, along Alternate All and PGA Boulevard, as open space landscape easement for buffering and landscape purposes. (Planning & Zoning) 4. Conditions #5, #10, #17, and #18 of Resolution 118, 1994 (attached) shall be carried over and reenacted with the approval of this petition. (Development Compliance) 5. The loss of the traffic trips with this approval (compared to the previous approval) shall be permanent. The applicant will not be permitted to amend this PUD approval in such a manner that would increase the amount of traffic generated by this site. (Planning & Zoning). 6. The applicant shall be responsible for the maintenance (as defined in the City's City Code and Landscape Maintenance Handbook) of the PGA Boulevard and Alternate A1A landscaping and irrigation from and including the medians of said roadways to the property 19 Ordinance 6, 2000 Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 line, which includes Phase 1, when and if for any reason the Regional Center Property Owner's Association (a.k.a. MacArthur Center Property Owner's Association) terminates its maintenance of said areas. This maintenance obligation shall continue even if any of this area reverts back to private ownership. (City Forester) SECTION 3. Said planned unit development (PUD) is approved subject to the following conditions that shall be the responsibility of the Phase 2 property owners, successors or assigns ONLY: 1. Prior to issuance of the final certificate of occupancy, the applicant shall obtain Northern Palm Beach County Improvement District's standard permit. (City Engineer) 2. The color of the louvers shall be compatible with the surrounding building. (Development Compliance) 3. The bank's drive - through operation shall account for less than 50% of the bank's business. (Planning & Zoning) 4. Prior to construction plan approval, the applicant, successors, or assigns shall verify that all the requirements of the master stormwater permit have been satisfied to the satisfaction of the City Engineer. (City Engineer) 5. The 9 -foot wide parking spaces on the site shall be double striped. 6. The lighting intensity at the perimeter of the parking garage shall not exceed the 10.0 foot - candle maximum. (Code Enforcement) 7. Prior to construction plan approval, sidewalk detail shall be added to the paving, grading and drainage detail sheet. (City Engineer) 8. Prior to construction plan approval, the applicant shall move the stop bars at the circular drives (shown on the site plan), to the outside of the pedestrian crossings. (City Engineer) 9. Prior to construction plan approval, the applicant shall add curb cuts to the sidewalks that cross the entrance to the site from Kyoto Gardens Drive. (City Engineer) 10. No external signage (except for the directory sign pursuant to the approved sign plan) shall be allowed for the ancillary uses proposed within the office buildings in Phase 2. (Development Compliance) 11. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 20 Ordinance 6, 2000 Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 12.The applicant, successors, or assigns shall be required to submit a petition in the future for City Approval of the elevations of the new signs on the site. This petition shall be a miscellaneous petition heard by the Planning and Zoning Commission and City Council, and will not require a public hearing. (Planning & Zoning) 13.The build -out date of this project shall be the build -out date for the Regional Center DRI (December 31, 2004). (Planning & Zoning) 14. The following shall be the permitted ancillary uses in Phase 2 of this site, and shall not be physically accessible directly from the outside of either office building except for any required emergency exits: - pharmacy - newsstand - beauty salon /barber shop - medical retail -card shop -title company - staffing company - bookstore -office supplies /pack & ship - travel agency - retail brokerage -real estate office - mortgage company - restaurant/cafe /coffee shop /internet cafe /bakery (Planning & Zoning) 15. No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 19 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) SECTION 4. The following waivers for Phase 2 are hereby granted with this approval: 1. Minimum width for parking spaces — Section 118- 475(a), which requires 10 -foot wide parking, spaces, to allow for 9 -foot wide parking spaces in the parking garage. 2. Maximum height for buildings — Section 118- 204(f) which allows a maximum building height of 36 feet, to allow for buildings up to 6- 21 Ordinance 6, 2000 Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 stories (92 feet) in height. SECTION 5. Construction of the Planned Unit Development shall be in compliance with the following plans and reports on file with the City's Growth Management Department: 1. December 3, 1999 Cover Sheet/index of Drawings, Oliver•Glidden & Partners, (1 sheet total). 2. August 25, 1999 Boundary & Topographic Survey, Miller Legg & Associates, Inc., (1 sheet total). 3. December 2, 1999 Site Plan (Phase 2a & 2b), Oliver•Glidden & Partners, Sheet SP -1 (1 sheet total). 4. December 2, 1999 Site Plan (Phase 2a), Oliver•Glidden & Partners, Sheet SP -2 (1 sheet total). 5. June 30, 1999 Ground Floor Plan, Oliver•Glidden & Partners, Sheet A -1 (1 sheet total). 6. June 30, 1999 2 "d Floor Plan, Oliver•Glidden & Partners, Sheet A -2 (1 sheet total). 7. June 30, 1999 Typical Floor Plan, Oliver•Glidden & Partners, Sheet A -3 (1 sheet total). 8. January 3, 2000 Roof Plan, Oliver•Glidden & Partners, Sheet A-4 (1 sheet total). 9. December 2, 1999 Building Elevation, Oliver•Glidden & Partners, Sheet A- 5 (1 sheet total). 10. December 2, 1999 Building Elevation, Oliver•Glidden & Partners, Sheet A- 6 (1 sheet total). 11. December 2, 1999 Site Elevation, Oliver•Glidden & Partners, Sheet A -7 (1 sheet total). 12. December 2, 1999 Garage Plan, Oliver•Glidden & Partners, Sheet G -1 (1 sheet total). 13. June 30, 1999 Phase 2a & 2b Garage Elevations, Oliver-,Glidden & Partners, Sheet G -2 (1 sheet total). 14. June 30, 1999 Phase 2a & 2b Garage Elevations, Oliver•Glidden & Partners, Sheet G -3 (1 sheet total). 15. December 2, 1999 Phase 2a Garage Elevations, Oliver•Glidden & Partners, Sheet G-4 (1 sheet total). 16. June 30, 1999 Phase 2a Garage Elevations, Oliver•Glidden & Partners, Sheet G -5 (1 sheet total). 17. June 30, 1999 Phase 2a Garage Elevations, OlivereGlidden & Partners, Sheet G -6 (1 sheet total). 22 Ordinance 6, 2000 Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 18. June 30, 1999 Photometric Plan (Phase 2a & 2b), Oliver•Glidden & Partners, Sheet E -1 (1 sheet total). 19. January 5, 2000 Drive Thru Photometric Plan (Phase 2a & 2b), Oliver•Glidden & Partners, Sheet E -2 (1 sheet total). 20. December 11, 1999 Conceptual Planting Plan, Environment Design Group, Sheet 1 of 5 (1 sheet total). 21. December 11, 1999 Conceptual Planting Plan, Environment Design Group, Sheet 2 of 5 (1 sheet total). 22. December 11, 1999 Conceptual Planting Plan, Environment Design Group, Sheet 3 of 5 (1 sheet total). 23. December 11, 1999 Conceptual Planting Plan, Environment Design Group, Sheet 4 of 5 (1 sheet total). 24. December 11, 1999 Phase 2a Planting, Environment Design Group, Sheet 5 of 5 (1 sheet total). 25. June 25, 1999 Conceptual Paving, Grading & Drainage Plan, Miller Legg & Associates, Inc., Sheet C1 (1 sheet total). 26. June 25, 1999 Conceptual Paving, Grading, Drainage Plan, Water & Sewer Details & Notes, Miller Legg & Associates, Inc., Sheet C2 (1 sheet total). 27. June 25, 1999 Conceptual Water & Sanitary Sewer Plan, Miller Legg & Associates, Inc., Sheet C3 (1 sheet total). 28. June 25, 1999 Water & Sanitary Sewer Details & Notes, Miller Legg & Associates, Inc., Sheet C4 (1 sheet total). 29. August 19, 1999 Cover Sheet/Index of Landscape Plans for SR 786 (PGA Boulevard) Plan, Reynolds, Smith and Hills, Inc., (1 sheet total). 30. August 19, 1999 SR 786 (PGA Boulevard) Plan, Reynolds, Smith and Hills, Inc., Sheet #35 (1 sheet total). 31. August 19, 1999 SR 786 (PGA Boulevard) Plan, Reynolds, Smith and Hills, Inc., Sheet #36 (1 sheet total). 32. August 19, 1999 SR 786 (PGA Boulevard) Plan, Reynolds, Smith and Hills, Inc., Sheet #39 (1 sheet total). 33. June 30, 1999 Traffic Statement/Letter from Joseph B. Pollock, Jr., P.E., Kimley -Horn and Associates, Inc., (3 pages total). 34. Unity of Control dated 12/6/94 as recorded in ORB8591, page 1581. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 3`d DAY OF FEBRUARY 2000. PLACED ON SECOND READING THIS 23 DAY OF 200 . Ordinance 6, 2000 Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 PASSED AND ADOPTED THIS DAY OF 200 MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: LINDA V. KOSIER, CMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO g /short:pud9912.or5.doc /j1 24 Ordinance 6, 2000 Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 EXHIBIT "A" PHASES 1 & 2 LEGAL DESCRIPTION (Overall) A PARCEL OF LAND SITUATE IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 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 WEST LINE OF SAID SECTION 6; THENCE SOUTH 88 °45'05" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 504.59 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF STATE ROAD 611 (ALTERNATE A-1 -A) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE SOUTH 14 005'09" EAST, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 328.81 FEET; THENCE SOUTH 59 104113" EAST, A DISTANCE OF 28.29 FEET TO THE NORTH RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD; THENCE NORTH 75 °56'43" EAST, ALONG SAID RIGHT -OF -WAY A DISTANCE OF 195.00 FE ; THENCE NORTH 79 °52'05" EAST, A DISTANCE OF 127.90 FEET; THENCE NORTH 75 °56'43" EAST, A DISTANCE OF 113.55 FEET; THENCE NORTH 74 034'53" EAST, A DISTANCE OF 193.66 FEET; THENCE NORTH 78 026'44" EAST, A DISTANCE OF 180.17 FEET; THENCE NORTH 75 056'43" EAST, A DISTANCE OF 11.29 FEET; THENCE NORTH 30 056'43" EAST, DEPARTING SAID RIGHT -OF -WAY LINE, A DISTANCE OF 56.57 FEET; THENCE NORTH 14 003'17" WEST, A DISTANCE OF 484.04 FEET; THENCE NORTH 54 059'19" WEST, A DISTANCE OF 32.76 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 05 055420" WEST, A RADIUS OF 575.67 FEET, AND A CENTRAL ANGLE OF 34 052403 "; THENCE PROCEED WESTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 350.45 FEET TO THE END OF SAID CURVE; THENCE NORTH 61 °03'17" WEST, A DISTANCE OF 227.10 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 28 056'43" WEST, A RADIUS OF 501.87 FEET, AND A CENTRAL ANGLE OF 43 °46'07 "; THENCE PROCEED NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 383.38 FEET TO THE END OF SAID CURVE; THENCE SOUTH 29 010129" WEST, A DISTANCE OF 35.97 FEET TO A POINT ON A CURVE AND EAST RIGHT OF WAY LINE OF STATE ROAD 811 (ALTERNATE A -1 -A); SAID CURVE IS CONCAVE TO THE WEST HAVING A CHORD BEARING OF SOUTH 16 031457" EAST, A RADIUS OF 17314.23 FEET, AND A CENTRAL ANGLE OF 0 035'23 0; THENCE PROCEED SOUTHERLY ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE.. A DISTANCE OF 178.25 FEET TO THE END OF SAID CURVE; THENCE SOUTH 10 010117" EAST, A DISTANCE OF 244.59 FEET; THENCE SOUTH 14 005409" EAST, A DISTANCE OF 178.24 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING IN ALL, 15.60 ACRES, MORE OR LESS. 25 Ordinance 6, 2000 Meeting Date: April 6, 2000 Date Prepared: March 20, 2000 Petition PUD -99 -12 EXHIBIT "B" PHASE 2 A parcel of land situate in Section 6, Township 42 SOUth, Range 4: East; within the municipal limits of the City of Palm Beach Garder-s. Palm Beach County. Florida, and being more particularly cescr_ her as follows: Cotumeac_ag ac the cuarte= section corner located in the west of said Section 6; thence South 88 °45'05" East, along cite South line of the Northwest quarter of said Section 6, a distance of 608,2E feet to the point of beginning of the herein described parcel. Thence South 14 905'09" East, a distance of 21.44 feet; thence Souci. 66049'03' East, a distance cf 367.44 feet; thence North 759So`'43. East, a d :sta.,tce of 40.36 feet; thence North 14 °03'17" West, F distance of 285.75 feet; thence North 69028132" West, a c_star_ce of 115.35 fee--: t ence No:t^ 14-03-1.7" West a distance of 240.76 feet; =hence -%crzh 29055 43" East. a distance of 142.61 feet: hence Nor-` 61oC3 _7" nest, a disca- a c` 82.57 feel ca a c-rve raving a radial bear_- cf Sc_ta 294-126,43- West, a radius cf 501.8, `eet, a.'td a ce-tra: a: _ 4_ °00'40' then__ proceed westerly along the arc of said _: e _ a di stance of 3 =9.23 feet to a t —I t c: a c_ =ve concave to -rte west - avi:tg a c cr_ bearing of SCUt -. _6034 0_ _East, a radius of _73a " :.2:•`e ° =, arc a cent=a? angle of 0 040'35'• thence southerly along =---a errz of said c::: fen a cstar_ce oy L 204.97 fee= to the end o! said c_=je; thence Solt: _0010'17' Last:, a distance of 247.24 fee= =_ence Ncrt_ 72001'04" =ast, a distance of 50.23 feet, thence Seu=- i.40C='09" East a d;sta =ce of 205.66 fee_ tc c: a pcirc of becin-._ a c`_ the herein described parcel. Carta °_ -_-c 5.3S ac=es, mere or less. -And- A parcel of land situate in the West 1/2 of Section 6. Township 42 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the found brass disc marling the West 114 comer of said Section 6; thence South 88'4.T 09' East along the quarter section tine of said Section 6, a distance of 364.90 feet to a point on the baseline of survey for State Road 811 accon ling to the Florida Dcpartment of Transportation Right of Way Map Section 93001-2503; thence South 14° 24' 24" East along said baseline of survey, a distance of 298.94 feet; thence North 751 35'36" East at a right angle from the last described course, a distance of 182.85 feet to a point on the intersection of the Northerly and Easterly lines of that certain Easement designated as Parcel 800E by the Florida Departmcat of Transportation, said point also being the Point of Bcginn;ne -, thence North 14° 05'30' West, along said Eastcdy line, a distance of 435.66 feet to a point on a line of that certain deed of Adjoining Lands as described in Official Records Book 9214, page 774, public records of Palm Beach County, Florida; thence North 72' 01'04' East, along said Deed tine, a distance of 5027 feet; thence South 14' 05'09' East, a distance of 227.08 feet; thence South 684 49'03* East, a distance of 367.48 feet to the aforesaid North line of said Easement Parcel 800E; thence South 750 S642' West. dcparting said Deed of Adjoining Lands and along said North line of said Easement Parcel 800E. a distance of 350.14 fat to the Point of Beginning_ 26 RESOLUTION 118, 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT FOR CONSTRUCTION OF PROFESSIONAL OFFICE BUILDINGS AND A SKILLED NURSING FACILITY WITHIN THE REGIONAL CENTER PLANNED COMMUNITY DISTRICT ON CERTAIN LANDS LOCATED WITHIN THE CITY OF PALM BEACH GARDENS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF; SAID LANDS DESCRIBED THEREIN SHALL BE DEVELOPED IN ACCORDANCE WITH THE SITE PLAN AND OTHER PLANS AS SET FORTH IN THIS RESOLUTION; PROVIDING ADDITIONAL SPECIFICATIONS, REQUIREMENTS, AND CONDITIONS TO BE COMPLIED WITH BY PETITIONER; SETTING FORTH REQUIREMENTS TO BE MET BY PETITIONER INCLUDING POSTING OF A PERFORMANCE BOND, LETTER OF CREDIT OR ESCROW AGREEMENT FOR COMPLETION OF THE INFRASTRUCTURE; PROVIDING FOR TIME OF COMMENCEMENT FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, does hereby create a Planned Unit Development for construction of professional medical office buildings and a 120 -bed skilled nursing facility within the Regional Center Planned Community District on certain lands located within the City of Palm Beach Gardens and more particularly described in Exhibit "A" attached hereto and made a part hereof. Section 2. Development under this Planned Unit Development shall be in accordance with and subject to the Site Plan and other plans as follows: 1. July 7, 1994 Overall Site Plan by Lewis and Associates- 1 Sheet. 2. January 21, 1994 Parking and Floor Plans by Lewis and Associates. 7 Sheets. 3. January 21, 1994 Medical Office Elevation Plans by Lewis and Associates. 9 Sheets. 4. January 21, 1994 Health Care Facility Elevation Plans by O'Keefe Architects, Inc. 1 Sheet. 5. January 21, 1994 Signage Plan by Lewis and Associates. 1 Sheet. 6. June 1994 Phase One Planting Plan by Carol Amundson Turk Land Planning Landscape Architecture. 1 Sheet. 7. January 20, 1994 Phase Two Planting Plan by Carol Amundson Turk Land Planning Architecture. 1 Sheet. 8. June 1994 5th & 7th Floor Terrace Planting Plan by Carol Amundson Turk Land Planning Architecture. 2 Sheets. 9. June 1994 Southwest Drive and West Drive Planting Plan by Carol Amundson Turk Land Planning Architecture. 1 Sheet. 10. January 4, 1994 Irrigation Plans by Control Precipitation Design, Inc. 3 Sheets. 11. August 24, 1994 Possible Future D.O.T. Right -of -Way Relocation and Planting Plan by Carol Amundson Turk Land Planning Landscape Architecture. 1 Sheet. 12. July 20, 1994 Master Drainage Plan by DiFonte & Thomas, Inc. 1 Sheet. 13. July 20, 1994 Master Water and Sewer Plan by DiFonte & Thomas, Inc. 1 Sheet. 14. January 20, 1994 Civil Site Details by DiFonte & Thomas, Inc. 1 Sheet. 15. February 16, 1994 Off - Site Roadway Improvements by DiFonte & Thomas, Inc. 1 Sheet. Section 3. Petitioner shall be subject to and shall comply with the following additional specifications, requirements and conditions: 1. The subject Planned Unit Development shall not be issued a building permit until the amendment of the Regional Center Development of Regional Impact Development Order approved by the City Council in Resolution 96, 1994 becomes final by virtue of the expiration of the appeal time with no appeal being filed or, if an appeal is filed, the resolution of such repeal. 2. Prior to the issuance of the first Certificate of Occupancy for Phase 1, the following road and utilities therein shall be constructed and open to the public: a. The internal loop road within Phase 1. b. Southwest Drive from Alternate A -1 -A to Fairchild Gardens Avenue (A portion of this road is the responsibility of the Good Samaritan North PUD), including the construction of the 6 -foot sidewalks and landscaping'on both sides of the road. C. West Drive from PGA Boulevard to Southwest Drive, including the construction of the 6 -foot sidewalks and landscaping on both sides of the road. 3. The future right -of -way requirements for the grade separation of the PGA Boulevard /Alternate..A -1 -A intersection shall be dedicated to the FDOT at no charge as generally depicted to sheet C4, dated February 16, 1994, prepared by DiFonte & Thomas, Inc., within 30 days of the date of request by the FDOT. 4. The petitioner shall comply with the permit conditions set forth by Northern Palm Beach County Water Control District in their June 14, 1994, letter to James R. Brindell and the petitioner agrees to participate in and comply with the implementation of Phase I and Phase II programs as set forth in the report entitled, Feasibility Study and Conceptual Plan for Satisfyinq Future Irriqation Demands in Unit 19, Northern Palm Beach County Water Control District and any amendments thereto. 5. The garage for each phase of the project shall provide a stand pipe and fire hose for purposes of fire suppres- sion, in addition to the garages being protected by an automatic sprinkler system. 6. Areas that have been allowed to have vegetation or ground cover removed pursuant to the approved-site plan, and subsequently abandoned for any reason:for more than three months, shall be seeded with grass immediately upon request by the City or the City shall have the work done at the owner's expense. 7. Prior to clearing or construction, trees or native areas designated for preservation shall be tagged or roped -off. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 153.20 shall also be enforced during construction. 8. All tree protection /relocation and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, all tree relocation work, all landscaping work, and any work that affects the outcome of the approved landscape plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. 9. All trees or plants designated for preservation/ relocation that die during construction or because of construction practices shall be replaced using the following schedule: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced with like specie. The minimum replacement tree shall be three inches in diameter_ Palms shall be replaced with like specie one for one with a minimum 10' height. Shrubs shall be replaced with like specie one for one with a minimum 30" height_ If the site cannot support the total number of replacement trees as required above, City Council may permit the developer to donate excess trees to the City for planting on public lands. 10. Prior to the issuance of the Certificate of Occupancy for a particular building in the project, the Landscape Architect of record shall certify in writing to the City that the landscaping associated with that building has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. 11. Project shall abide by Resolution 2, 1993, which requires, prior to filing of the plat, the petitioner shall post a bond for the installation of the infra- structure including the common and :project landscaping/ buffer and entry feature for each phase in which a permit is issued. 12. Prior to the C.O. of Phase 2, if permitted by FDOT, the developer shall install permanent landscaping pursuant to the Landscape Plan in the portion of the median of Alternate A -1 -A that is adjacent to the project in conjunction with the State's improvements to Alternate A -1 -A, and said median landscaping shall match that of PGA Boulevard. If the State's improvements to Alternate A -1 -A will not be completed by the time that Phase 2 of the project is completed then, in conjunction with the landscaping Of Phase 2 of-the project, the developer shall install (if permitted by the FDOT) landscaping in the portion of the median of Alternate A -1 -A that is adjacent to the project; such landscaping shall conform to the interim landscaping provided by the Gardens East PCD in Alternate A -1 -A and shall be irrigated. 13. Any meandering sidewalk or roadway landscaping, including the median, along PGA Boulevard and Alternate A -1 -A adjacent to the project that is removed in conjunction with the required construction of an overpass at PGA Boulevard and Alternate A -1 -A or the widening of Alternate A -1 -A adjacent to the project shall be replaced, if acceptable to FDOT and acceptable to the City, one time by the property owner of the project within thirty days of request by the City. 14. The landscaping along Alternate A -1 -A property shall match the landscaping along PGA Boulevard. 15. Prior to the issuance of a building permit for Phase I, a bond shall be posted for the meandering sidewalk along Alternate A -1 -A and the first 55 feet of landscaping from PGA Boulevard to Southwest Drive, construction of which shall commence within 18 months of issuance of the first building permit for Phase I. 16. There shall be no clearing of Phase II except within the first 50 feet from the Phase I boundary during the construction of Phase I. 17. Medical ancillary uses as referenced in Exhibit "B ", attached hereto, shall not be physically accessible directly from the outside of the medical office buildings except for any required emergency exits. 18. No external signage (except for the directory sign pursuant to the approved sign plan) shall.be allowed for the ancillary uses proposed within the medical office buildings. Section 4. Before the issuance of the first building permit, petitioner shall provide the City with a letter of credit or performance bond in a form approved by the City in a sum of money prescribed by the City and shall be posted with the City of Palm Beach Gardens to assure the completion of the infrastructure including on -site roadways, drainage and utility improvements required for the Planned Unit Development and common and project landscape /buffer and entry features. From time to time as improvements are completed and approved by the City, the amount of the letter of credit or performance bond shall be reduced by a proportionate amount. Upon completion of all on -site roadway, drainage and utility improvements required for the Planned Unit Development, the City shall release said letter of credit or performance bond. Section 5. The development of the Planned Unit Development shall be completed prior to the February 16,..2004, buildout period of the Regional Center Development of Regional Impact. Section 6. Modifications to the Planned Unit Development that are determined to be minor by the City Council may be approved by subsequent Resolution without the necessity of review by the Planning and Zoning Commission, advertisement or public hearing. Section 7. All references to Petitioner and /or Developer, together with all requirements of this Resolution shall apply to and be binding upon the successors and assigns. Section 8. No Building Permit for the Planned Unit Development shall be issued until the drainage and paving plans shall be approved by the City Engineer and.all: other building requirements of the City of Palm Beach Gardens Code and require- ments of other governmental agencies, if necessary, shall be met. Section 9. Petitioner, prior to the issuance of the first Building Permit within the Planned Unit Development, shall deliver to the City a recordable Unity of Control by all owners of the property in requisite form approved by the City Attorney, acknowledging that the lands described in Exhibit "A ", if developed in accordance with this resolution, unless otherwise approved by the City Council. Section 10. If any part or portion of this Resolution is found to be void or defective, the remainder of the Resolution shall continue in full force and effect. Section 11. This Resolution shall take effect upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS / DAY OF SEPTEMBER, 1994. MAYOR DAVID W. CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. % I ' CITY AI' ;B BEY VOTE:: AYE NAY ABSENT MAYOR CLARK J VICE MAYOR MONROE COUNCILMAN RUSSO COUNCILMAN JABLIN COUNCILWOMAN FURTADO EXHIBIT "A" MEDIPLEX MEDICAL MALL LEGAL DESCRIPTION (Overall) A PARCEL OF LAND SITUATE IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 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 WEST LINE OF SAID SECTION 6; THENCE SOUTH 88 045'05" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 504.59 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF STATE ROAD 811 (ALTERNATE A -1 -A) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE SOUTH 14 005'09" EAST, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 328.81 FEET; THENCE SOUTH 5900411311 EAST, A DISTANCE OF 28.29 FEET TO THE NORTH RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD; THENCE NORTH 75 056'43" EAST, ALONG SAID RIGHT -OF -WAY A DISTANCE OF 195.00 FEET; THENCE NORTH 79 °52'05" EAST, A DISTANCE OF 127.90 FEET; THENCE NORTH 75 05643" EAST, A DISTANCE OF 113.55 FEET; THENCE NORTH 74 034'53" EAST, A DISTANCE OF 193.66 FEET; THENCE NORTH 78 °26'44" EAST, A DISTANCE OF 180.17 FEET; THENCE NORTH 75 °56'43" EAST, A DISTANCE OF 11.29 FEET; THENCE NORTH 30 056143" EAST, DEPARTING SAID RIGHT -OF -WAY LINE, A DISTANCE OF 56.57 FEET; THENCE NORTH 14 °03117" WEST, A DISTANCE OF 484.04 FEET; THENCE NORTH 54 059'19" WEST, A DISTANCE OF 32.76 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 05 055120" WEST, A RADIUS OF 575.87 -FEET, AND A CENTRAL ANGLE OF 34 °52'03 "; THENCE PROCEED WESTERLY ALONG THE 'ARC OF SAID CURVE. A DISTANCE OF 350.45 FEET TO THE END OF SAID CURVE; THENCE NORTH 61 003117" WEST, A DISTANCE OF 227.10. FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 28 °56143" WEST, A RADIUS OF 501.87 FEET, AND A CENTRAL ANGLE OF 43 °46107 "; THENCE PROCEED NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A. DISTANCE OF 383.38 FEET TO THE END OF SAID CURVE;-THENCE SOUTH 29 010129" WEST, A DISTANCE OF 35.97 FEET TO A POINT ON A CURVE AND EAST RIGHT OF WAY LINE OF STATE ROAD 811 (ALTERNATE A -1 -A); SAID CURVE IS CONCAVE TO THE WEST HAVING A CHORD BEARING OF SOUTH 16 °31'57" EAST, A RADIUS OF 17314.23 FEET, AND A CENTRAL ANGLE OF 0 °35123 "; THENCE PROCEED SOUTHERLY ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE. A DISTANCE OF 178.25 FEET TO THE END OF SAID CURVE; THENCE SOUTH 10 °10'17" EAST, A DISTANCE OF 244.59 FEET; THENCE SOUTH 14 005'09" EAST, A DISTANCE OF 178.24 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING IN ALL, 15.60 ACRES, MORE OR LESS. 4 42390 14w, P -B� 104 /Nr EXHI13IT "B" Mediplex Medical Mall PUD Development Program PHASE 1 Buildinq 1 Medical Office /Prof. Office Surgery Center/Diagnostic Imaging/Rehabilitation Therapy and Ancillary Uses Medical Ancillary Space* Subtotal Building,2 120 bed Skilled Nursing Facility with subacute care TOTAL FOR PHASE 1 PHASE 2 Building 3 Medical Office /Prof. Office Buildinq 4 82,800 square feet 78,000 square feet 13,200 square feet 174,000 square feet 70,000 square feet 244,000 square feet 60,000 square feet Medical Office /Prof. Office & 160,800 square feet Diagnostic Imaging/Rehabilitation Therapy and Ancillary Uses Medical Ancillary Space* Subtotal TOTAL FOR PHASE 2 TOTAL HIIILDOUT OF PROJECT ,13,200 square feet 174,000 square feet 234,000 square feet 478,000 square feet * Medical ancillary uses are those uses that will provide a service function or support for the Medical Office/Diagnostic Imaging and Surgery components of the project. These uses may include, but are not limited to, pharmacies, medical supply outlets, medical book stores, printing, restaurants, etc. REVISED 12/20/93 i RESOLUTION 164, 1996 12/3/96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE MEDICAL MALL PLANNED UNIT DEVELOPMENT, LOCATED WITHIN THE REGIONAL CENTER PLANNED COMMUNITY DISTRICT. WHEREAS, the City Council approved a Planned Unit Development known as The Medical Mall, located within the Regional Center Planned Community District by approval of Resolution 118, 1994, and subsequently amended; and WHEREAS, the City has received an application to amend the Planned Unit Development for The Medical Mall; and WHEREAS, the City Council has determined that the amendment to the Planned Unit Development is consistent with the City's Comprehensive Plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to The Medical Mall Planned Unit Development, as originally approved by Resolution 118, 1994, and subsequently amended by Resolution 89, 1995 and Resolution 69, 1996. SECTION 2. The amendments herein approved shall be in accordance with the following plans on file with the City's Planning and Zoning Department: 1. November 1, 1996 stamped November 25, 1996 Overall Site Plan, Basement Parking Plan, Elevations by Lewis & Associates, Sheets S 1. 1, Al. 1, A1.2, A1.3, A 1.4, A 1.5, A 1.6, A2.1, A2.2, A2.3, A2.4, A2.5, A2.6, A2.7,. A2.8, A2.02, A3.01, A3.02, A3.03, A3.04. 2. November 4, 1996 stamped November 25, 1996 Planting Plan by Carole Amundson Turk Land Planning Landscape Architecture in association with Wayne Villavaso Landscape Architecture Incorporated, Sheet L-2. e t SECTION 3. This approval is hereby granted based on compliance with the following conditions of approval: 1. The louvers are to be painted to match the window frames. 2. The Phase 2 Medical Office Building shall be of the same construction and quality in all respects and otherwise identical to the Phase 1 Medical Office Building. SECTION 4. This Resolution shall be effective upon adoptio . INTRODUCED, PASSED AND ADOPTED T IIS-�D Y F /, 1996. OS�Pff'R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK AP PROVED AS TO FORM AND LEGAL SUFFICIENCY. WATTERSON, HYLAND & KT,FTT,P.A. VOTE: Mayor Russo Vice Mayor Furtado Councilwoman Monroe Councilman Jablin Councilman Clark AYE NAY ABSENT v v ' MEMORAND TO: Jim Norquest FROM: Sean C. Donahue DATE: October 11, 1999 SUBJECT: MacArthur Center — NPBCID Unit 19 File No. 84 -0237 As requested, the status of the drainage review of the MacArthur Center is as follows: Over the course of the past several months, and to date, we have participated in nine meeting and many phone conversations with the prospective developers and the Northern Palm Beach County Improvement District and their engineering consultants — including attendance at a pre - application meeting with the SFWMD. We have also reviewed several engineering reports dealing with drainage issues related to the parcels surrounding the MacArthur Center including the FDOT drainage report for the PGA Boulevard fly over bridge at Alternate AlA.. The focus of these meetings was to: (1) identify deficiencies in the surface water management system, (2) identify methods by which the existing system and any proposed modifications to the surface water . management system would be analyzed, and (3) identify benchmark criteria against which the proposed improvements to the surface water management system and any potential impacts to adjacent parcels would be measured. The assessment of the existing surface water management system showed that the history of development within the MacArthur Center had changed, and negatively impacted the performance of the surface water management system. - The assessment of the existing surface water management system also demonstrated that, if unchanged, the system would not function as designed or meet the levels of service or performance standards established by the City. The meetings resulted in a major effort by the prospective developers and their consulting engineers to effect changes to their proposed land plans which would enhance the existing surface water management system. The prospective developers have directed their consulting engineers to redesign and dynamically model the proposed changes to the surface water management system. We attended the meetings throughout the development of the proposed surface water management system model to ensure that the proposed redesign of the system met the objectives of the City while protecting existing developments in the vicinity of the project. It is anticipated that the proposed modifications to the land plans and/or the surface water management will produce a water management system which will meet the level of service and performance standards established by the City. The bulk of the proposed modifications occur in the eastern two basins of the four drainage basins within the MacArthur Center. Changes within the eastern portion of the project, primarily owned by Kolter Land Development include: (1) creating of a fourth drainage basin in the northeast portion of the site which encompasses a large Oak Hammock preserve area, (2) the addition of approximately 8 acres of additional surface water management lakes, (3) the redirection of the drainage runoff from the eastern portion of the Meadows Mobile Home Park into the Prosperity Farms Road drainage system, and (4) the creation of a new and separate drainage outfall for the western portion of the Meadows Mobile Home Park and the newly created northeast basin. In conjunction with the Palm Beach County Engineering Department, it is proposed that the new outfall would be located in the Prosperity Farms Road right -of -way. In addition to the developed areas within the MacArthur Center, this outfall system would be sized to accept drainage runoff from the proposed roadway improvements to Prosperity Farms Road serving this project and improve substandard drainage within isolated areas between the MacArthur Center and the final outfall at the Cabana Colony Canal. Currently, all of the proposed changes to the surface water management system serving the MacArthur Center — including the input and output data for the dynamic model of the surface water system are being compiled into an engineering report and formal application package for submittal to the SFWMD and the City. As of Monday, October 11, 1999, according to Mark Williams of the Southern Design Group, the lead consultant in the effort to redesign the surface water management system, the projected date for submittal of the engineering report and application to modify the surface water management system to both the City and the SFWIvID is the week of October 18, 1999. While we have not seen.the final engineering report or modeling results, it is expected that the engineering report for the revised surface water management system will demonstrate that the criteria established by the City for level of service and performance standards for the surface water management system serving the project can be met. SCDnTMhm cc: Len Lindahl PAPBGMEM0\94- 237.10 ❑�� Kimley -Horn and Associates, Inc. June 30, 1999 Mr. Anthony E. Oliver Oliver - Glidden & Partners 1401 Forum Way, Suite 100 West Palm Beach, Florida 33401 %= Re: Gardens Corporate Center At MacArthur Center DRI A City Of pg.0 PGA Boulevard at Alternate A1A - JUL 4S 1999 Palm Beach Gardens, Florida F'ip�r�lNC 040512.02 7 ghi Dear Mr. Oliver: As requested, Kimley -Horn and Associates, Inc. has performed a traffic generation analysis for the above referenced project. The project was approved by the City of Palm Beach Gardens as the Medical Mall. Phase 1 of the project was constructed as approved. The owners now desire to undertake Phase 2 of the project but with primarily general professional office instead of medical office. This letter addresses the change in traffic generation associated with the proposed use change. The original project was approved for a skilled nursing facility of 150 beds (70,000 square feet) and 408,000 square feet of medical office and ancillary medical uses. Phase 1 of the project which has been built and occupied consists of the 150 bed nursing facility and 184,057 square feet of medical office and ancillary uses. The proposed plan modification would allow the Phase 1.medical office to be occupied by medical or general office uses while retaining the_ existing nursing facility. Phase 2 of the project would consist of 175,040 square feet of general office, 42,906 square feet of medical office and 5,997 square feet for a drive -in bank on the ground floor of one of the two office buildings. Another bank would also occupy the ground floor of the second office building but it would not have drive -in facilities. The bank without the drive -in facilities is treated as office building square footage whereas the drive -in bank is treated separately for trip generation purposes. The trip generation potential of the approved and proposed plans are presented in the attached table using current trip generation rates. As can be seen in the table, the proposed plan generates equal to or less trips than the approved plan during all time periods. Therefore, traffic concucrency and DRI issues are not triggered by the proposed change. We should also note that by using the trip generation rates contained in the ADA for the MacArthur Center DRI, that there would be ■ TEL 561 845 0665 FAX 561 80 8175 ■ 4431 Embarcadero Drive West Palm Beach, Florida 33407 C2= F-1 Kimley -Horn and Associates, Inc. J Mr. Anthony E. Oliva, June 30, 1999, Page 2 no change in trip generation potential since a rate of 18 trips per 1,000 square feet of office use was used which allows for a mix of different office use types. If you or the City staff should have any questions, please do not hesitate to call. Very truly yours, W O AND ASSO ATES, INC. ollock, Jr., P. . Senio Vice President JB :; l Attachment Florida Registration Number 19562 04051202 -062899eo.doc Land Use Approved Site Traffic Nursing Home Medical Office Pass -By Traffic Nursing Home Medical Office Net External Proposed Site Traffic Nursing Home Medical Office Professional Office Bank (Drive-in) Pass -By Traffic Nursing Home Medical Office Professional Office Bank (Drive -In) GARDENS CORPORATE CENTER Nursing Home TRIP GENERATION = 3.68 trips/1000 S.F. Medical Office (P.B.C.) = 34.17 trips/1000 S.F. Professional Office (P.B.C.] = In (f) = 0.756' In (X) + 3.765 Intensity Daily AM Peak Hour PM Peak Hour Trips Total Total Medical Office 70,000 S.F. 258 29 26 In (T) = 0.797 • In (X) + 1.558 408.000 S.F. 13,931 991 1.110 Subtotal 478,000 S.F. 14,199 1,020 1,136 Medical Office 5.00% 13 1 1 = T — 1.121 • X + 79295 5.00% 01 0 a Subtotal 710 51 57 13,489 969 1,079 70,000 S.F. 258 29 26 226,963 S.F. 7,755 552 647 175,040 S.F. 2,143 291 276 5.997 &L 1,5_gs2 7St 3�$ Subtotal 478,000 S.F. 11,746 948 1,277 5.00% 13 1 1 5.00° /a 388 28 32 5.000 /0 107 15 14 46.00% Y31 15. 151 Subtotal i 1,239 79 198 1 079 Net New External 10,507 869 , Net Traffic Impact (2,982) (100) 0 Note: Trip generation was calculated using the following data: Daily Traffic Generation Nursing Home [P.B.C.] = 3.68 trips/1000 S.F. Medical Office (P.B.C.) = 34.17 trips/1000 S.F. Professional Office (P.B.C.] = In (f) = 0.756' In (X) + 3.765 Bank (Drive -In) [P.B.C.] 265.21 trips/1000 S.F. AM Peak Hour Traffic Generation Nursing Home (ITE 6201 In (T) = 0.945 • In (X) - 0.655 Medical Office (ITE 720] = 2.43 trips/1000 S.F. Professional Office IM 710] In (T) = 0.797 • In (X) + 1.558 Bank (Drive -In) (M 912] = 12.63 trips/1000 S.F. PM Peak Hour Traffic Generation Nursing Home (ITE 620] In (I) = 0.929' In (X) - 0.688 Medical Office (ITE 7201 = In (1) = 0.921 • in (X) + 1.476 Professional Office (ITE 7101 = T — 1.121 • X + 79295 Bank (Drive-in) M 9121 - 54.77 trips/1000 S.F. 1 p:l0I0S12021[trfp�ertxlsJlrlp�cn SEKT B7 =_ 4 -20 -89 :12-42NA .MaCARDRA FOUNDATION- 5616508333,0 21 g 4400 PGA Telaphone: (561) 626- (ttdl) suite 400 Palm !Beach Gardenbo. r-1, nda 33 416 1'1tG JOHN O ANO CATHER1NL f- MACARTNUIZ FOUNDATION April 20, 1999 E.laytw Adams Dimcior of Commercial Real Fstatc AMA Land Ventures, Inc. 3ROI PGA Boulevard Suite 1000 Palm Beach Gardens, Florida 33410 Re: 3801 PGA Boulevard, The Medical Mall, Phases I and 11 Dear Elayne- I refer to my letter of March 29, 19tYJ to the City of Palm Beach Gardens, Florida with respect to the above referenced project (copy attached)_ This will confrrrl MacArthur Foundation's intent was to acknowledge that it had no objection to the proposed modifications to the prtije ct and use, as more particularly described in Items 1, 2, 3, and 4 of the March 29, 1999 Ittter and attachments thereto. 5i 1cCrc Mintz G -ner Counsel JJM:gd Attachment AJ,,,& 271P.nU. dNa1Uyu:t?O 4,. , __ UQUIC.a(a (c(cphunc. (407) 626 -4800 Suite 900 Fax: (407) 624 -4905 Palm Beach Gardens, Florida 33410 -9680 THE JOHN O AND CATHERINE T. MACARTHUR FOUNDATION :larch 29, 1999 The City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens. Flor'_da 33410 Re: 3801 PCA Boulevard, The Medical Mall, PH I and PH II Gentlemen: We have been asked by Meditrust and PBG Medical Mall MOB 1 Properties, Ltd., a Florida limited partnership ('MOB') and AMA of South Florida, Inc., a Florida corporation (-AMA"). the owners, respectively, of the first and second phases of the Medical Mall at 3601 PGA.Boulevard, to confirm that we have no objection to the following proposed changes: 1_ with respect to the Phase I building located at 3801 PGA Boulevard, the square footage originally designated for surgery center /diagnostic /rehabilitation therapy and ancillary uses would be changed from MOB to medical /profeccional office use. (See Exhibit `A') 2. With respect to the Phase II property, AMA, in connection with proposing a modified site plan with conceptual design changes, has agreed to Limit the space loased for medical office purpo3e3 by 80% so as to reduce the trips generated by such use. we agree with this arrangement and have no objection to the proposed modifications to the Phase II site plan and design. (See Exhibit 'A') 3_ With respect to all phases, the apace designated as medical ancillary space would be changed to allow nor- just medical service functions but also general service functions and support. 4. with respect to changes in the Phase II site plan, architecture and building colors and materials, the Foundation approves the changes as displayed on Dchibit -B', en b�,h. .f 7hcl( ant as Vv�,4rant- 4aA._.(- -F G•w..�c. RQftr.c .ni ....d Exu.v it -t ­ 711e. M.</irt%WV' C<at7�C . ,�, If you have any questions concerning our position of no objection' as stated herein, please feel free to contact me. Sincerely, John D_ and Catherine T_ MacArthu Foundat n By t _ ��� sk-U .�/ Mintz. Esq. Memo to File From: Mark Hendrickson, City Forester GYlI Subject: PUD- 99 -12, Gardens Corporate Center (aka Medical Mall) Date: January 14, 2000 Based on the January 11, 2000 Planning and Zoning Commission meeting, I have revised several the previously submitted conditions as follows: The revisions are in bold print. I recommend the following conditions for approval: Pursuant to Article III, Section 114 -71, of the City's Land Development Regulations, the petitioner shall provide a bond or escrow for 110% of the cost to install landscaping and irrigation within the PGA Boulevard and Alternate A -1 -A roadway (flyover) improvements, based upon all plans referenced in Condition 14 of Ordinance 6, 2000, from and including the respective medians of said roads to the property line, which includes phase 1, 2a and 2b. The petitioner agrees to provide said bond within six months of this approval. Prior to the C.O. of Phase 2a or 2b, which ever occurs first, the applicant shall either: 1. Install the landscaping and irrigation within PGA Boulevard and Alternate A -1 -A, per the FDOT final plans based on preliminary FDOT plans dated August 19, 1999, and off -site landscaping as referenced in "exhibits" in Ordinance 6, 2000 , from and including the respective medians of said roads to the property line, which includes phase 1, or 2. Installation of the landscaping and irrigation shall be the responsibility of the applicant within 12 months of the completion of the PGA Boulevard and Alt. A-1 -A flyover improvements, or 3. If by any other separate agreement between the applicant and City, the above mentioned landscaping and irrigation is installed by FDOT or any other entity, the applicant shall not be responsible for said installation, or 4. If the PGA Boulevard flyover does not get built by January 1, 2005, the Alternate A -1 -A median and road shoulder landscaping approved with Resolution 118, 1994 (previously part of phase 2) and off -site landscaping as referenced in "exhibits" in Ordinance 6, 2000 shall be installed pursuant to as to the landscape plan as referenced in Section 2, numbers 6,7 and 9 of Resolution 118, 1994. The applicant shall be responsible for the maintenance of the PGA Boulevard and Alternate A -1 -A landscaping and irrigation from and including the medians of said roadways to the property line, which includes phase 1, when and if for any reason the Regional Center Property Owners Association (a.k.a. MacArthur Center Master Association) terminates their maintenance of said areas. This maintenance shall continue even if any of this area reverts back to private ownership. THE MEDICAL MALL AT PALM BEACH GARDENS PLAT ONE, as approved by Resolution 21, 1995, shall be replatted to include the Gardens Corporate Center, prior to issuance for the building permit. The plat shall designate the first 55' associated with phases 2a and 2b, and the first 35' associated with phase 1, along Alt. A -1 -A and PGA Boulevard, as open space landscape easement for buffering and landscape purposes. PALM BEACH GARDENS POLICE DEPARTMENT CRIME PREVENTION MATRIX CHART PROJECT NAME: Gardens Corporate Center / REVIEWED BY: Officer Gwen Fleming DATE: 08 -24 -99 Problems /Concerns Needs /Suggestions Solutions Lighting: Make sure lighting does not Good lighting serves as an Lighting locations should conflict with landscaping, excellent deterrent to not conflict with especially long term tree potential criminal activity. landscaping (to include long canopy growth. Will also provide visibility term tree canopy growth). for officer patrolling the area on the night shift. Adequate building lighting Provide adequate lighting should be around perimeter around building and pedestrian of all sides, and pedestrian walkways. Metal Halide walkways surrounding the should be used in all parking buildings. lot areas. Safe location of bicycle Location of bicycle racks To provide utmost safety to racks. should be placed in close cyclists. proximity to building and not / in parking lot. Building security device. Building should be pre -wired Alarms serve as an excellent for alarm system. detection and deterrent to forcible entry. The parking garage is a high Priority security area. The Vulnerability to criminal Activity can be high risk. The following areas should be considered for improved security. 1. Ceilings in the parking garage are not painted with a bright color. 2. Convex mirrors in stairwell areas. 3. Emergency phones 4. First level of parking garage should have restricted access from exterior common ground area. There is no indication of extra security measures to protect first level of garage for both pedestrians and vehicle. Parking garage: 1. All ceiling areas within parking garage should be Painted white. 2. Install convex mirrors in all stairwell areas. 3. Install emergency phones near stairwell and elevators. 4. Provide some form of barrier protection to first floor garage area. Example, wrought iron grill or chain link fencing. 1. Will add significantly to enhancing the illumination of the already proposed lighting and will aid in eliminating shadow areas. 2. To alert guest, visitors and other persons of potential attacks in advance, along with exposing concealment areas. 3. To receive immediate emergency help if needed. 3. Utilimrig a form of barrier protection will prevent open access into first floor garage area to unwanted persons. In addition, using either wrought iron or chain link fencing to accomplish this purpose will still provide natural surveillance to identify potential criminals. Sep -03 -99 03:30P QLIVER - GLIDDEN & PARTNERS A R C H I T E C T U R E - I N T E R I O R D E S I G N September 3, 1999 Mr. John Lindgren, City Planner Planning and Zoning Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Gardens Corporate Center Palm Beach Gardens, FL Project: 98073 Petition M PUD -99 -12 Dear John: eb of P.&6. SEP 31999 FLANNING Please accept this letter as additional information for the above captioned project. P -02 Ed Oliver John Glidden Daniel Brown Keith Spina There are several of the existing condition of the PUD approval that we feel need to be deleted. They are as follows: Resolution 20 -19 -95 Number 9 All trees orp /ants designated for preservation/relocation that die during construction or because of construction practices shall be replaced using the following schedule: For every Inch of tree caliper lost, three Inches of new tree caliper shall be replaced with like specie. The minimum replacement tree shall be three inches in diameter. Palms shaft be replaced with like specie, one for one with a minimum !0' height Shrubs shall be replaced with like specie one for one with a minimum 30' height. If the site cannot support the total number of replacement trees as required above, City Council may permit the developer to donate excess trees to the City for planting on public lands. While the applicant is endeavoring to preserve some of the existing trees on site. It should be understood that if those trees do not survive the construction process, then the mitigation as noted on the landscape plan will apply. Therefore, condition #9 will not apply and we ask that it be deleted. Number 12 Prior to the C.O. of Phase 2, If permitted by FDOT, the developer shaff install permanent landscaping pursuant to the Landscape Plan In the portion of the median of Alternate A-1 -A that Is adjacent to the project In conjunction with the State's Improvements to Alternate A -1 -A, and said median landscaping shall match that of PGA Boulevard. If the State's Improvements to Alternate A -1 -A will not be completed by the time that Phase 2 of the pruject Is completed then, In conjunction with the landscaping of Phase 2 of the project, the a 1401 FORUM WAY, SUITE 100 - WEST PALM BEACH, FL 33401 - 561- 664 -6841 - FAK: S61- 684 -6890 - E -MAR: CEP61141 Owl.com EIc- NO. AA C000669 - 18 0000977 Sep -03 -99 03:31P ON Of Ma SEP 3 1999 PLANNING ZONING Page #2 P_03 developer shall install (if permitted by the FDOT) landscaping in the portion of the median of Alternate A -1 -A that is adjacent to the project; such landscaping shall conform to the Interim landscaping provided by the Gardens East PCD In Alternate A -1 -A and shall be irrigated. It is the applicants understanding that the FDOT will be providing the landscaping and irrigating for the median of Alternate Al and as such wishes to be relieved from this responsibility. We, therefore, ask that this condition be deleted. Number 13 Any meandering sidewalk or roadway landscaping, including the median, along PGA Boulevard and Alternate A -1 -A adjacent to the project that is removed in conjunction with the required construction of an overpass at PGA Boulevard and Alternate A -1 -A or the widening of Alternate A -1 -A adjacent to the project shall be replaced, if acceptable to FDOT and acceptable to the City, one time by the property owner of the project within thirty days of request by the City. R is our understanding that the FDOT will be making the modifications to not only the median landscaping for All A and PGA Boulevard, but the additional property they will be taking, including the relocation of the meandering walkway. Therefore, the applicant would like to be relieved of that responsibility and ask that this condition be deleted. We trust that this will be self - explanatory and asks that you add this to our application. Should you have any questions, please contact me. Sincerely, Anthony E. liver Senior Partner cc: Wayne Yetman Steve Cohen P. WROJECT\ ACTIVEk981GCC- 8073LSUPPORTIGCCADO. WPD OLIVER • GLIDDEN & PARTNERS ARCHITECTURE • I N T E R I O R D E S I G N September 20, 1999 Mr. John Lindgren City Planner City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Gardens Corporate Center Palm Beach Gardens, FL Project Number. 98073 PUD -99 -12 Dear John: Ed Oliver John Glidden Daniel Brown Keith Spina Please accept this letter providing responses to the various questions that were raised during the DRC Meeting. We trust that the following will be self - explanatory. John Lindqren Memo, Auqust 27, 1999 1. Waiver requests (including justification statements) must be submitted regarding the 55 -foot landscape buffer and the height of the two proposed buildings. Response: We are requesting waivers for a number of items: a. The required 55' landscape buffer cannot be provided In front (to the south) of the 3801 building because of the proposed taking of property by the Florida Department of Transportation (FD07). We thereforie request a waiver from 55' to 30' as a required landscape buffer. b. We are requesting a waiver to allow 9' wide parking spaces only In the parking garage. c. A waiver Is requested to accommodate the building height for the proposed six story office buildings of 98' feet and 79' for the parking structure. Please note that the existing approval allows the construction of a 10 story building at a height of approximately 150' feet. 2. Written approval of the above referenced petition from the Regional Centre Design Review Committed must be submitted. Response Written approval from the Regional Center Design Review Committee (McArthur Foundation) was Included with the original application. Please reference their letters of March 17th and March 29th along with attachments. ■ 1401 FORUM WAY, SUITE 100 • WEST PALM BEACH, FL 33401 • 561- 664 -6841 • FAX: 561- 684 -6890 • E -MAIL: ogp68416aol.com Lic. No. nn C000669 • IB 0000977 'age 92 3. Please revise the site plan so that dimensions are included, showing the distance of existing and future ground signs from the property lines. Response Site Plans Indicate all critical dimensions signs from property lines. Mark ,Hendrickson Memo, August 26, 1999 Included are dimensions for existing ground There is an irrigation system plan previously approved for this site. Please revise this plan to show any proposed changes. The important issues in the revision are to indicate the main lines and how they are interfacing with the existing system, and how they are incorporating the off site (ROW) landscape areas, including the medians. Response Landscape architect has located existing main irrigation lines and indicated their interface with phases 2a and 2b. Previously the Mall Commons areas system supplied the Irrigation for road median and right of way areas. The off site medians and right of ways are now within FDOT's control and design. We have no knowledge of their irrigation plans. We acknowledge the need to coordinate Phase 2A and 2B lines with the existing lines and to avoid conflicts with existing utilities. 2. There is an Alt. A1A median landscape plan approved previously and condition for its installation. Please confirm that these are still applicable or propose changes. Response FDOT's Landscape Architect, Reynolds, Smith & Hill, Is finalizing a re- design for the medians and right of ways along AIA and PGA Boulevard. The Issue of landscaping those areas Is totally within FDOT's responsibility and control. We have recently requested and received a courtesy copy of the FDOT's preliminary design, for our Information only. The applicant wishes to delete conditions 12 and 13 of the existing PUD Approvals: Number 12 Prior to the C.O. of Phase 2, if permitted by FDOT, the developer shall install permanent landscaping pursuant to the Landscape Plan in the portion of the median of Alternate A-1 -A that is adjacent to the project in conjunction with the State's improvements to Alternate A -1 -A, and said median landscaping shall match that of PGA Boulevard. If the State's improvements to Alternate A-1 -A will not be completed by the time that Phase 2 of the project is completed then, in conjunction with the landscaping of Phase 2 of the project, the developer shall install (if permitted by the FDOT) landscaping in the portion of the median of Alternate A -1 -A that is adjacent to the project; such landscaping shall conform to the interim landscaping provided by the Gardens East PCD in Alternate A-1 -A and shall be irrigated. Response It Is the applicant's understanding that the FOOT will be providing the landscaping and Irrigating for the median of Alternate A1A and as such wishes to be relieved from this Page #3 responsibility. We, therefore, ask that this condition be deleted. Number 13 Any meandering sidewalk or roadway landscaping, including the median, along PGA Boulevard and Alternate A-1 -A adjacent to the project that is removed in conjunction with the required construction of an overpass at PGA Boulevard and Alternate A -1 -A or the widening of Alternate A -1 -A adjacent to the project shall be replaced, if acceptable to FDOT and acceptable to the City, one time by the property owner of the project within thirty days of request by the City. Response It is our understanding that the FDOT will be making the modifications to not only the median landscaping for A f A and PGA Boulevard, but the. additional property they will be taking, including the relocation of the meandering walkway. Therefore, the applicant would like to be relieved of that responsibility and asks that this condition be deleted. 3. The City needs to know what landscaping is being removed along PGA Blvd and Alt. A1A. The landscaping south of the existing Phase I was counted towards this project's landscape point calculation and the sidewalk and landscaping was installed along Alt. A1A. If the landscaping and sidewalks are no longer going to be part of this project, it needs to be replaced. Staff suggests a submittal of a second landscape plan which depicts all the new meandering sidewalks and parkway landscaping on site, if it is to be removed by FDOT. Response As described In response (2) above, FDOT's Landscape Architect is solely responsible for landscaping changes to medians and right of ways for AIA and PGA Boulevard. Ourplans, however, reflect comparable landscape concentrations to that previously approved. The meandering sidewalk Is now located In property FDOT will take and will be part of that design. Landscape drawings Indicate relocated Canary Island Date Palms as requested by owner. 4. If bank teller access drive cannot be eliminated; there needs to -be more separation between it and the cul-de -sac. The open space between these drives should have more°Iandscaping. Response The bank teller access drive has been redesigned to provide additional separation between It and the turn- around. Additional landscaping has been added to the separation area. 5. The parking garage landscaping has too many gaps. Previously this area had much heavier landscaping. Response The "gaps" were created Intentionally and collaboratively between Architect and Landscape Architect to emphasize the vertical elements of the parking structure. This is an Important feature of the building's design appearance. Page 94 Lindahl, Browning, Ferrari and Hellstrom, Inc., Memo, August 24, 1999 1. The applicant will need to provide the master stormwater permit for the Regional Center and show all its requirements have been met. Response The Civil Engineer will provide a copy of the Storm Water Permit for the Regional Center and demonstrate that ft's requirements have been met. 2. The applicant will need to show all existing easements on both the boundary survey, site plan and landscape plan. Response Survey, Site and Landscape Plans all reflect existing easements.. - . . 3. The applicant will need to show the number of spaces for proposed bicycle parking on the site plan (5% of the required vehicular parking). Response Site Plan indicates size, locations and number of bicycle parking spaces. 4. The applicant will have to obtain a waiver to use parking stalls with a width of 9" (10" is standard). Response Applicant has requested a waiver for 9' wide parking space widths in previous response to DRC question (1b), this letter. 5. Dimensions for the loading zone maneuvering area, a minimum of 12' by 35' per each zone will need to be shown by the applicant. Response Site Plan indicates 12'X 35' loading zone maneuvering area with dimensions. 6. Turning radii will need to shown at the entrance drives on the site plan. Response All entrance drives have turning radii indicated. 7. Safe -site triangles will need to be shown at the entrance drives on the Landscape Plan Response Architectural, Site and Landscape Plans show safe site triangles at entrance drives. 8. Pipe material for water, sewer and storm sewer will need to labeled, on the appropriate sheets, by the applicant. RCP pipe is required for storm drains under load bearing surfaces. Page #5 Response Civil drawing documents Indicate pipe material for water, sewer and storm sewer lines. 9. The applicant will need to revise the lighting pan to provide a maximum of 10 fc and a minimum of 0.6 fc. Response Photometric plan has maximum of 10 fc and minimum of. 6 fc. 10. A sidewalk detail will need to be added to the paving, grading and drainage detail sheet by the applicant. Response Civil drawing documents indicate sidewalk detail. 11. We suggest that handicap ramps and a pedestrian crossing be included to connect the sidewalks at the entrance of the circular drive on the south building.. Response Site Plans indicate handicap ramps and pedestrian crossings as requested. 12. Internal stop bars and signage will need to be added to the site plan as well as signage to designate one -way traffic through the roundabout. Response Internal stop bars, signage and one -way traffic directional arrows are Indicated on Site Plans and civil drawings. Police Department Memo, August 24, 1999 1. lighting locations should not conflict with landscaping (to include long term tree canopy growth). Response Landscape Architect has eliminated all conflicts between landscaping elements and light locations. 2. Adequate building lighting should be around perimeter of all sides, and pedestrian walkways surrounding the buildings. Response Adequate lighting Is provided around buildings and at pedestrian walkways. 3. Safe location of bicycle racks: location of bicycle racks should be place din close proximity to building and not in parking lot. Page 96 Response Bicycle rack locations are near buildings and well lighted. 4. Building security device: Building should be pre -wired for alarm system. Response Buildings will be pre -wired for security alarm systems. 5. Ceilings in the parking garage are not painted with a bright color. all ceiling areas within parking garage should be painted white. Response The ceilings within the parking garage will be unpainted light grey concrete. 6. Convex mirrors in stairwell areas: Install convex mirrors in all stairwell areas. Response Landings in parking structure stairwells will have convex mirrors. 7. Emergency phones: Install emergency phones near stairwell and elevators. Response Emergency phones will be installed at parking garage stairwells and elevators. 8. First level of parking garage should have restricted access from exterior common ground area. There is no indication of extra security measures to protect first level of garage for both pedestrians and vehicles: Provide some form of barrier protection to first floor garage area. Example, wrought iron grill or chain link fencing. Response Architect is investigating several options to provide • ground, level security at parking structure for both vehicles and pedestrians. Fire Marshall Memo, August 24, 1999, 1. The circular driveways in front of Buildings 3 & 4 are not large enough to accommodate fire apparatus. They need to be increased to a minimum of a 45' radius. Response Scott Fetterman has approved the 4216" circular drives as adequate for fire department apparatus. 2. The islands at the entrance to the circular driveways are too large and will not allow fire apparatus access. Response Page #7 Landscape islands are changed to contrasting color pavers, level with drive and reflecting auto circulation patterns without interfering with fire apparatus navigation. Seacoast Utility Letter, August 19, 1999 1. The applicant needs to depict existing utility easements on the site plan. Response Utility easements are indicated on Architectural Site Plans, Civil and Landscape Plans. 2. We are unable to comment on the conceptual landscape plans until detailed water and sewer plan are available. Response No comment required. Our attorney will provide a document that clarifies the right of access to all of the properties along the internal loop road (which is not a public road). John, we trust that this narrative response and revised plans will be sufficient for your purposes and will allow us to maintain our scheduled meeting for the September 28th Planning and Zoning Commission Workshop Meeting. Very truly yours, Anthony E. Oliver Senior Partner cc: Elayne Adams Wayne Yetman Steve Cohen P:1P ROJECTIACTIVEM\GCC- 8073\S U PPORTUUN830.WP D OLIVER - GLIDDEN & PARTNERS ARCHITECTURE - I N T E R I O R D E S I G N October 4, 1999 Mr. John Lindgren City Planner City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 C RE: Gardens Corporate Center Palm Beach Gardens, FL Project Number: 98073 PUD -99 -12 Dear John: Ed Oliver John Glidden Daniel Brown Keith Spina Please accept this letter providing responses to the questions that were raised during last week's Planning and Zoning Board Workshop. Sean Donahue, Memo, September 28, 1999 Item 1: Conditionally Satisfied. Compliance is contingent on information supplied in response to Item 8, to follow. Item 2: Satisfied. Item 3: Satisfied. Item 4: Not Satisfied. Applicant has applied for waiver of parking space width from standard 10' wide to a 9' width. We understand .the City Council will have .to, approve our waiver request. Plans as detailed indicated double striped parking spaces. Item 5: Satisfied. Item 6: Satisfied. Item 7: Satisfied. Item 8: Not Satisfied. Applicant must apologize that prior to plotting, engineers inadvertently shut off the layer containing information requested. Water, storm and sewer information will be included in submittal package for Planning and Zoning Public Hearing. Item 9: Satisfied. Item 10: Conditionally Satisfied. Sidewalk and monolithic curb and sidewalk sections were indicated on plans for Planning and Zoning Board Workshop. 1401 FORUM WAY, SUITE 100 - WEST PALM BEACH, FL 33401 - 561- 684 -6841 - FAX: 561- 684 -6890 - E -MAIL- ogp68410aol•com Lic. No. AA C000669 - IB 0000977 Page #2 Item 11: Not Satisfied: Handicap ramps and pedestrian crossings will be added to connect the sidewalks at the entrances of both circular drives. Item 12: Satisfied. John, we trust that these initial answers will be sufficient for your purposes and those of Mr: Donahue as we prepare for the Planning and Zoning Public Hearing on October 12, 1999. It is our intention to provide you revised plans reflecting these comments, prior to the regular P &Z Hearing. Anthony E. Oliver Senior Partner P.\ PROJECT \ACTIVE\98 \GCC- 8073\SUPPORT\JLIN 101.W PO 01.1vER • GLIDDEN & PAR,rNERS A RC It I T F C T U R E • I N T E R 10 R DES I G N October 26, 1999 Mr. John Lindgren City Planner City of Palm Beach Gardens Planning & Zoning 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Gardens Corporate Center Palm Beach Gardens, FL Project Number: 98073 Petition PUD -99 -12 Dear John: The following are responses to staff comments: Ed Olivet John Glidden Daniel Brown Keith Spina 1. Prior to issuance of the final certificate of occupancy, the applicant shall obtain Northern Palm Beach County Improvement District's standard permit. Response Agree. 2. Conditions #7, #8, #10, #14, #17 and #18 of Resolution 118, 1994 shall be carried over with the approval of this petition. Response Agree, but expand definition of Ancillary use to say... Professional /Medical ancillary uses are those that will provide a service function or support for the professional /medical components of the project. These may include, but not be limited to: Pharmacies, medical supply outlets, book stores, printing & copying centers, restaurants, newsstands, flower shop, gift shop, sundries, travel agency, etc. 3. Condition #13 shall be carried over, but in a revised manner, Condition #13 shall read: If the Florida Department of Transportation (FDOT) PGA overpass Alternate A1A and PGA Boulevard road frontage associated witli acceptable to the City, then the applicant, successors, or assignq s replacing any meandering sidewalk or roadway landscaping, inclu it PGA Boulevard and Alternate A1A adjacent to the project that i &411" r with the required construction of the aforementioned ove acceptable to the City. ■ 1401 FORUM WAY, SUITE 100 - WEST PALM BEACH, fL 33401 - 561- 684 -6841 • FAX. 561- 684 -6890 • E Lic. No. AA C000669 • 16 0000977 a��r'e�'a irtj .the Is pr ct aie4 iot be re? onsible', o'r thWA , aIOV 40 in�o1Wctro inhwafiauratiOx ZONING Page #2 Response ...to the City, then the McArthur Center POA applicant; su ssrgns.... 4. Condition #1 of Resolution 164, 1996, which states that "[tjhe louvers are to be painted to match the window frames ", shall be carried over with the approval of this petition. Response The color of louvers needs to be compatible with location, i.e, if in granite or precast, they should match surrounding building color. 5. The applicant, successors, or assigns shall maintain and irrigate any and all future landscaping from their property line along PGA Boulevard to the edge of pavement of the elevated overpass. Response The McArthur Center POA , ; r assigns shall maintain and irrigate any and all future landscaping from their property line along PGA Boulevard to the edge of pavement of the elevated overpass. 6. The applicant, successors, or assigns shall maintain and irrigate any and all future landscaping along the shoulder, and in the medians, of Alternate Al A, adjacent to their property. Response The McArthur Center POA shall maintain and irrigate any and all future landscaping along the shoulder, and in the medians, of Alternate A1A, adjacent to their property. 7. The loss of the traffic trips with this approval (compared to the previous approval) shall be permanent. The applicant will not be permitted to amend this PUD approval in such a manner that would increase the amount of traffic generated by this site. Response Agree. 8. The bank's drive - through operation shall account for less than 50% of the bank's business. Response Agree. 9. Prior to scheduling this petition for first reading by City the note on the site plan that states the following: •'- -i City of P.B.G. the at" 13 199ha11 Z kis > ZoNING Page #3 Note: Build -out of the development shall occur prior to 2/16/99. The applicant or his successors in title may notify the City Manager, and upon approval of the City Manager, the applicant may construct the improvements in a different sequence. Response Agree. 10. Prior to scheduling this petition for first reading by City Council, the applicant shall revise the traffic statement from Kimley -Hom so that it corresponds to what is detailed on the site plan (include the traffic generated by the second office). Response Agree. 11. Prior to scheduling this petition for first reading by City Council, the applicant shall define its use for the term "ancillary use ". Response See wording in #2 above. 12. Prior to scheduling this petition for first reading by City Council, the applicant shall correct the errors shown on the site plan regarding the parking counts (including the number of parking spaces in the garage). Response Agree. 13. Prior to construction plan approval, the applicant, successors, or assigns shall verify that all the requirements of the master storm water permit have been satisfied to the satisfaction of the City Engineer. Response Agree. 14. If 9 -foot wide parking spaces are acceptable to the City, then the parking spaces will have to be double stripped. Response The 9 foot wide parking spaces in the garage will be double striped.. 15 Prior to scheduling this petition for first reading by City Council, the: applica ij&rhf.dt5how C: pipe material for water, sewer and storm sewer on the appropriate'sheet urr, n he plans show no drainage pipers, inlets or grading. RCP pipe is req d fis� rains 1' & . ZONING a, Page #4 under load bearing surfaces. Response Agree. 16. Prior to construction plan approval, sidewalk detail shall be added to the paving, grading and drainage detail sheet. Response Agree. 17. Prior to scheduling this petition for first reading by City Council, the applicant shall revise the site plan to show handicap ramps and a pedestrian crossing at the entrance of the circular drives. Response Agree. Very truly yours, Anthony E. Oliver Senior Partner cc: Elayne Adams Wayne Yetman Steve Cohen P:\ PROJECT \ACTIVE\98 \GCC- 8073\SUPPORTULIN 1025.WPD � Cm Of V.B.G. \ PtANNING Z0t4MG \ OLIVER - GLIDDEN & PARTNERS ARCHITECTURE - INTERIOR DESIGN December 3, 1999 Mr. John Lindgren City Planner City of Palm Beach Gardens Planning & Zoning 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Gardens Corporate Center Palm Beach Gardens, FL Project Number: 98073 Petition PUD -99 -12 Dear John: Ed Oliver John Glidden Daniel Brown Keith Spina Please accept this letter providing you with a narrative response to those questions raised in your letter dated November 30, 1999 and several other items that were discussed in our recent meeting on the 30t". We trust the following will be self - explanatory: 1. "We have received and reviewed the revised landscape plan, however we have not yet received copies of the revised site plan, elevations, etc. Please submit these plans so that Engineering, Seacoast Utility Authority, the City Forester, and the rest of Staff can review these plans and give their comments to the Planning and Zoning Commission." Response Please find attached revised site plans and exterior elevations for the garage and the buildings per your request. Please note that there are minor changes Ina few areas of the buildings along with a change in precast color and glass color in response to the Planning Commission's comments. 2. "Phase 1 of the site has been platted separately from Phase 2. This raises several questions. Is it your intention to proceed with Phase 2 as a separate project, or do you plan to replat, so that Phase 1 and 2 are platted as one property? If the former is your intent, you will need to review the revised site and landscape plans to determine if any additional waivers will need to be requested. The former will also require engineering approval (see definition of "Parcel" in section 78 - Definitions of the City- Qck,rie-,_ Response k ` 0A It is the intention of the applicant to amend the existing plat rdetttb e all 12.73 acres of the property (after the FDOT taking) and th t has 4 gn 2B will be defined on the plat. We ask that this condition t to a;upA t amend the plat in order to incorporate the future phases of to M- otgv ■ 1401 FORUM WAY, SUITE 100 - WEST PALM BEACH, FL 33401 - 561- 684 -6841 - FAX: 561- 664 -6890 - E- MAIL:„ .COm tic. No. AA C000669 . 16 0000977 Page #2 2A and 2B) into parcels D and E and that this be accomplished prior to the issuance of the building permit for the first building." 3. Please revise you definition of "ancillary uses" so that all the uses you are proposing are clearly stated; it is unacceptable to use the phrase "the proposed ancillary uses for the site may include, but are not limited to" (or any other similar phrase)." Response Ancillary uses are further defined as.... Pharmacy Bookstore Newsstand Office Supplies /Pack & Ship Beauty Salon /Barber Shop Travel Agency Medical Retail Retail Brokerage Bank Real Estate Office Card Shop Mortgage Company Title Company Staffing Company Restaurant/Cafe /Coffee Shop /Internet Cafe /Bakery 4. "Please remember that public notification of the surrounding property owners must be done by certified mail and an affidavit attesting to this must be submitted to our department." Response We understand that the surrounding property owners must be notified by certified mail. Once we have finished with the next P &Z workshop on December 14', we will confirm the January 11'h regular P&Z meeting and then will mail out the notices. 5. "If it is your intent to have the Regional Center Property Owners Association(POA) take responsibility for the installation and /or maintenance of the rights -of -way and medians along PGA Boulevard and Alternate A1A, then you must submit a letter from the POA stating that they take responsibility for these items. If FDOT is planning on moving or installing or maintaining any of this landscaping, we will need to have a letter from them stating what they will be responsible for." Response Please find attached information from the MacArthur Center Property Owners Association (Common Areas are defined in Article 1, Section 5 and the maintenance is covered in Article IV, Section 4) that declaratively answers the questions of responsibility for the continuing maintenance and irrigation f hg, ndscaping within the portions of the rights -of -way for A 1 and PGA bly the medians and the portions of the rights -of -way adjacen Galens C I Cate Center). It is FDOT's intention to install the landscaping in the rid ' -of a7�d i it is appropriate for them to do so. We would further n ,� th1i1��1 Cf Page #3 need to be finished in advance of when the interchange is completed and it would not seem reasonable for us to install landscaping now and then have to remove it later due to FDOT construction or that the issuance of a C.O. for our project could be held up due to FDOT scheduling beyond our control. 6. "Please address the following comments /requests from the Planning and Zoning Commission at their November 9, 1999 meeting: The landscape plan needs to be revised to show more landscaping screening the parking garage. Response: Please see revised landscape plan sheet L -1. Please note that we have agreed to add landscaping in front of the architectural elements on the west side of the parking structure. 2. The note on the landscape plan needs to be revised regarding the replacement of trees. Response: The landscape note will be revised to include either an oak tree or a pine tree as the replacement tree in the event that a tree we are attempting to preserve does not live. 3. The applicant needs to submit a landscape phasing plan. Response: Please find attached a separate landscape phasing plan to show the landscaping underneath the Phase 2B portion of the parking garage. 4. The applicant needs to submit detail regarding the drive- through teller concept in the parking garage. Response: Please see attached sheet G -1 that shows the detail of the drive - through teller lane on the first floor of the parking structure 5. Building 2a needs to be more tightly connected with the sculpture garden." Response: Please note that we have added an additional sidewalk to more closely connect building 2a to the sculpture garden's main walkway. Miscellaneous Comments: 1. Tabular Data- The tabular data accurately reflects the current plan. qq 2. Please note that the parking counts on the tabular data and \�ikinq garage are now consistent. 3. Existing Resolutions- Please review the following resol ns In our mutual effort to consolidate prior resolutions that w nootn an g that would be critical to the existing skilled nursing fact It or uil Resolution 164, 1996 Page 94 Resolution 124, 1996 Resolution 69, 1996 Resolution 89, 1995 Resolution 21, 1995 Resolution 118, 1994 4. We do not believe that waivers should be required for setbacks from parcel lines or from the western boundary of the existing plat. However, if this is required, we respectfully request those waivers be granted as part of this application. 5. Our response letter of October 26, 1999 is included by reference. We trust this will be satisfactory for your purposes and look forward to the meeting on the 14th. Sincerely, Anthony E. Oli er Senior Partner cc: Elayne Adams Wayne Yetman Steve Cohen Frank Meroney Joe Pollock P: \PROJECTIACTIVE \98 \GCC- 8073 \SUPPORTIJLIN 1130. WPD OLIVER - GLIDDEN & PARTNERS ARCHITECTURE - INTERIOR DESIGN January 4, 2000 Mr. John Lindgren, City Planner City of Palm Beach Gardens Planning & Zoning 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Gardens Corporate Center Palm Beach Gardens, FL Project Number: 98073 Petition PUD -99 -12 Dear John: Request for waivers: A. Section 188 -475, Parking Spaces Ed Oliver John Glidden Daniel Brown Keith Spina Section 118 -475 sets forth the parking stall and bay dimensional requirements for use within the City. The City Council may approve stall dimensions lesser than the standard established in this subsection when the reduction in the paved area is matched by equal or a greater increase in the amount of landscaped open space in or around the parking area. A waiver is requested to allow the proposed parking stalls located in garage structure to be 9' -0" wide x 18' -6" deep with 26' -0" aisles. Justification: As in other projects in the City (i.e. City Centre), it is acceptable to provide 9' -0" wide spaces as long as the width of the aisles are 26' -0". B. Section 118- 213(g), Building Height Limits Provides that a maximum building height in a PUD is to be established by the City Council, taking into account the use proposed and its relationship to the surrounding development and adjoining uses. Since the PUD takes on the characteristics of the underlying land use, in this case PO professional and office district (Sec. 118 -204 (f]). A waiver is requested to allow the following building heights: The proposed office buildings heights are: 98' (To the highest point of the building) The proposed garage height is: 79' (To the top of the gable roof) The existing office building is: 150' (approximate) The existing skilled nursing building is: 60' (approximate) ■ 1401 FORUM WAY, SUITE loo - WEST PALM BEACH, FL 33401 - 561- 664 -6841 - FAX: 561- 684 -6890 - E -MAIL: ogp6841Qao1.00m Lic. No. AA C000669 - 18 0000977 Page #2 Justification: The proposed buildings are not as tall as the existing 3801 Building which was previously approved and the height is compatible with the existing 3801 Building and other existing buildings this part of the City. Very truly yours, Anthony E. Oliver Senior Partner cc: Elayne Adams Wayne Yetman Steve Cohen P:\PROJECPACTIVE\98\GCC-8073\SUPPORT\.JLIN1040.WPD OLIVER • GLIDDEN & PARTNERS ARCHITECTURE • INTERIOR DESIGN January 7, 2000 John Lindgren, City Planner City of Palm Beach Gardens Planning & Zoning 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Gardens Corporate Center Palm Beach Gardens, FL Project Number: 98073 Dear John: The following are the questions the City posed to OG &P with our responses: 1. More midstory plantings- 10 -16 ft. flowering w/ color Ed Oliver John Glidden Daniel Brown Keith Spina The Owner and the Landscape Architect believe that there is sufficient low to mid -level planting along the west side of the garage. 2. Information on lighting in bank drive -thru 8 copies of the photometric study for garage levels 1 and 2 are delivered herewith. 3. Statement: if ancillary uses are accounted for in the traffic analysis and how they are accounted for. "Ancillary uses" are ancillary to Professional Office uses, and are accounted for in the Traffic analysis as Professional Office. 4. Justification statements for codes: cite section of code and waiver Request for Waver and justification Letter attached. 5. Roof plan correction -typo says 189' and it is actually 89' 8 copies Revised Roof plan dated 113100, submitted 114100. Very truly yours, Anthony E. Oliver Senior Partner Enclosures P:\ PROJECTWCTIVE \98 \GCC- 8073\SUPPORT\JLRES 170. WPD ■ 1401 FORUM WAY, SUITE 100 • WEST PALM BEACH, FL 33401 • 561- 684 -6841 • FAX: 561- 684 -6890 • E -MAIL: ogP68411@a0l.c1m tic. No. AA C000669 - 16 0000977 IOKC OVWI! �9 VTd ILOM ool SWIG 'Adn\�a lml —4 ...gym • a--M4■N fcJQUIJed'8 UePP!!J -JeM10 k#) VGtUOla 'SN3� HOV38 WWd 7�ig�T`9 Aw qZ 3SVHd V UZ 3SVHd �. CL 2131N33 31VMOdMO3 SN3(]UVJ Aa ° a3; c�(. > ,..�,. (� !! r OJ 0 « .. « «« .. .. W � � 8 W CIE E 1 X11 ftE`�q 1 t< 1l HM ¢Q np $1 W r Iil1.1l1,11it tit! 1.11111 16 $ s �= ts,� i ! f ! It� �l Ib 1 i I tg�t IE � �a�a i8a �IL 1 - -33 - -- /l 1 11 11 - v 1 r -; Y � f 1 1 ■. ■ ■1 1 ■r 1 ■1 ii 11 ■1 •1 1 l 1 � � 1 �1 1, i �1 O l cuaPao9 LPUD(;3 UJiQd _ - - 9Z 9 oZ acoLld ;�J ./7-D 7J.1V270d2]O-D 1"4� .6x �SaeEC� +asaa.e.sasa s iQt HIPY' �i • •o� • Rxa fix: i 1 �� il:��425' � � EI •ti € �i � if�� E :I 3SaY IbY �1 �149a E t } " HIM a Ill. ®90 0 000 JOIDOO 0 00 00000 1 J 4 A VD 1 Eel � ��a Id g AE q 1 g i8¢��� s a4 ddb g g m�s�e -� �� i ge4 s Is oi $ 7 bOf Y li 4 . 1.11 g � � pp 511 . Mpg =q � f ^t le Fail m U 10% E` iii' �i rm r �'• t b� Q a � S � o r] CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date of Meeting: April 6, 2000 Date Prepared: March 14, 2000 Subject/Agenda Item MISC- 99 -33- Second Reading and Public Hearing for Ordinance 7, 2000 - BallenIsles Entry Gate on Fairwinds Avenue Recommendation/Motion: Staff recommends approval of Ordinance 7, 2000. Reviewed bCN: Originating Dept.: Costs: $ Council Action: Total City Attorn Growth Management [ ] Finance $ [ ] Approved wi..dxa. ACM J �� Current FY [ ]Denied Human Res. NA Other NA Funding Source: [ ]Continued to: Advertised: Date: 2/ 16/ 00 [ ] Operating Attachments: Ordinance 7, 2000 Paper: Palm Beach Post [ ] Other Master Plan/Site Plan Landscape Plan Agencies/Departments Letters (]Not Required Aerial Photo D3 al,(}O Submitted Gro for V-&Dire Affected parties [ x ] Notified Budget Acct. #: ( ] None oved by: City Manager [ ] Not required REQUEST: Second Reading and Public Hearing for Ordinance 7, 2000, a request by Urban Design Studio, agent for BallenIsles Community Association, Inc., for an amendment to a previously approved site plan for BallenIsles Planned Community District (PCD). The petitioner is proposing to construct an entry gate system to be located at the existing rotary located in the Fairwinds Avenue right -of -way just south of the entrances to Parcels 8a, 8b, and 10. (12- 42S -42E) 1 BACKGROUND: The BallenIsles Planned Community District was originally approved by Ordinance 8, 1989. The site plan for BallenIsles was approved for residential uses consisting of 2,384 dwelling units, golf courses, clubhouse, support facilities such as a fitness center, and sales offices. BallenIsles is 1312.85 acres and is located between Military Trail and Florida's Turnpike. The roads within BallenIsles are controlled by Northern Palm Beach County Improvement District. REVIEW PROCESS: This is a request for an amendment to the approved site plan for the BallenIsles Planned Community District (PCD). The Growth Management Director has determined that this petition should be reviewed as a miscellaneous petition and approved by ordinance after a public hearing. The City Council reviews the request for amendment for consideration of approval, approval with conditions, or denial. AMENDMENT: The proposed amendment consists of an entry gate system to be located at the existing rotary located in the Fairwinds Avenue right -of -way just south of the entrances to Parcels 8a, 8b, and 10 within the BallenIsles Planned Community District. The proposed gates are intended to provide an additional level of security for the three parcels (8a, 8b, and 10). STAFF /AGENCY COMMENTS: • The BallenIsles New Construction Committee has signed off on the entry gate system and their approval letter is attached to this report. • Northern Palm Beach County Improvement District has signed off on this request subject to several conditions. • Seacoast Utility has reviewed the petition and had several comments that were addressed by the petitioner. • Building Official Jack Hanson and City Forester Mark Hendrickson have reviewed and approved the petition. • The Fire Department has approved this petition subject to one condition. • The City Engineer has reviewed the plans. His initial concerns and comments have been addressed. The applicant will have to comply with several construction requirements as noted in LBFH's December 8, 1999 letter. CITY COUNCIL FIRST READING: On February 3, 2000, City Council reviewed this project and passed it on first reading, by a vote of 4 -1 with no additional conditions. The dissenting council person felt that the gate system was unnecessary. 2 CITY COUNCIL SECOND READING: On March 7, 2000, City Council reviewed this project in a public hearing. Several residents from the nearby St. Andrews development objected to the installation of the gate, and a few said that they were not notified of the hearing. The hearing was continued to April 6, 2000 for further consideration, and the applicant was directed to meet with the residents to listen to their concerns. RECOMMENDATION: Staff recommends approval of Ordinance 7, 2000, a request to amend a previously approved site plan to allow the construction of an entry gate system, with the following conditions: 1. A Knox key switch will need to be provided to allow for emergency access for Fire Rescue vehicles. (Fire Department) 2. The devices used to gain access through the proposed gate must be the same as the devices which are used to open the entrance gates to BallenIsles from Northlake Boulevard, PGA Boulevard and Military Trail. (Northern Palm Beach County Improvement District) 3. The BallenIsles Community Association's Controlled Access Services manual must be modified to include the proposed gate. Alternately, in the event the BallenIsles Community Association is not the operational entity, the Homeowners Association must prepare a controlled access manual for review and approval by Northern Palm Beach County Improvement District. (Northern Palm Beach County Improvement District) 4. No construction may occur until and unless Northern Palm Beach County Improvement District issues a permit for this activity. (Northern Palm Beach County Improvement District) ORDINANCE 7, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 8, 1989 TO ALLOW FOR THE CONSTRUCTION OF AN ENTRY GATE LOCATED IN THE FAIRWINDS AVENUE RIGHT -OF -WAY JUST SOUTH OF THE ENTRANCES TO PARCELS 8A, 8B, AND 10 WITHIN BALLENISLES PLANNED COMMUNITY DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio to amend Ordinance 8, 1989 to allow for the construction of an entry gate system to be located at the existing rotary located in the Fairwinds Avenue right -of -way just south of the entrances to Parcels 8a, 8b, and 10 within the Ballenlsles Planned Community District; and WHEREAS, BallenIsles Planned Community District was approved by Ordinance 8, 1989 and; WHEREAS, the City's Growth Management Department has determined that approval of the requested amendment to Ordinance 8, 1989 is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves Urban Design Studio's request for the construction of an entry gate system to be located at the existing rotary located in the Fairwinds Avenue right -of -way just south of Parcels 8a, 8b, and 10 within the Ballenlsles Planned Community District. SECTION 2. Said approval shall be subject to the following conditions: 1. A Knox key switch must be provided to allow for emergency access for Fire Rescue vehicles. (Fire Department) 2. The devices used to gain access through the proposed gate must be the same as the devices which are used to open the entrance gates to BallenIsles from Northlake Boulevard, PGA Boulevard and Military Trail. (Northern Palm Beach County improvement District) 3. The BallenIsles Community Association's Controlled Access Services manual must be modified to include the proposed gate. Alternately, in the event the BallenIsles Community Association is not the operational entity, the Homeowners Association must prepare a controlled access manual for review and approval by Northern Palm Beach County Improvement District prior to the installation of the gate. (Northern Palm Beach County improvement District) 4 4. No construction may occur until and unless Northern Palm Beach County Improvement District issues a permit for this activity. (Northern Palm Beach County improvement District) SECTION 3. Said approval shall be consistent with documents on file with the City's Growth Management Department as follows: 1. December 3, 1999 Entry Gate, Type D Curb Detail, Asphalt Pavement Detail by Urban Design Studio. 2. November 29, 1999 Layout/Preliminary Planting by Krent Wieland Design, Inc., sheet L-1 SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 3RD DAY OF FEBRUARY 2000 PLACED ON SECOND READING THIS 6TH DAY OF APRIL 2000 INTRODUCED, PASSED, AND ADOPTED THIS 6TH DAY OF APRIL 2000 JOSEPH RUSSO, MAYOR COUNCILMAN ERIC JABLIN COUNCILMAN CARL SABATELLO ATTESTED BY: LINDA V. KOSIER ,CMC, CITY CLERK 5 LAUREN FURTADO, VICE MAYOR COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK :l• > rll::,.;�«SA .. . •. ' L ti;r��N S^y'.. tstii ` ..:,.. ��,: 'r •''`t hR. i , ,� .Stw �.,•TXtk �' t i1 j,•V •_�� •,,i.. - •• `•i •'"'�l . s 7 'w'. • -� ! I `� i ..L fir, f Y1 �- w� is .�] '. uW • ,r A ^T . • : �* ",it ., , r w t r ` /'' • w•a'�jt1 f s `• , iT .., ♦.._ . '.:..i. t " x •+. i �'•�^ r yr• c• to tip !( .. ,t y ^ } V`• 3 F }t {Y +tty�- • r1r,;`'+. r rn �t t,',:�., fl;, ..� -. '^r..` i ,;t . ! ' f R. - t>• ,J 1•�Y e✓ ! a. 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A T� � Y tLj.It ��:+i65. � � r ,`% � iPP'� r� f� r '•tr� `"r� X- •f ���J; t� � .S+rk ? �.i r.f.yr _ J�� - A� �{ ry r r *L � /'• t ''i' st ?- at (�'`{��+•p F+ > i3 ; ` '�'°r • A Y $ . � 3 i9 X. ` r .L e z �� —�� ,3 "'i'11i.:r e3Z.+.'r':L' ���" t"irr�.iLt�r� }Y.+�r'•ri{i wry ii ia�� '•_ f � �� • . 1. � •,,_�� All surrounding property •,t ,►� t l Zoned PCD with a Land Use Designation of 1 •(�at.� '• fir. �_�•:�•Y a. .+-aLtP4 .r`.;C .�„'f eM.•..ly�Y I 1`! �!�e' t.'' / �•p •. - r f - r l `' t "yw i� ►r?y � T ,;�'f•r.,f s.r' - � ti' - -0'i �!•Z: j •��dytFSr �y� .: - � 1 / � e. yr M /'h= +• � +•.•L�r aP� y u � lkr� •/' � .." .Qx] i . erY.�•,�A.,. 4 ^i' t 7 s+''•"'w'- rT { ♦ ',R�71 i9 �• t }_� t 2`'irb`�' { .4 S r �•,••' �Tjr. r 'jl�, t� i -♦ 7A• •�r�'S)Ly4 �° ��•� - f e 7• � � %'r � yas} � ,t _ � +J �{ i r�at� +vr �r)S•� 1rZ,t+�� �!'t"�``�yT` ,r �•,.�►,� fpm .�, j � • �'�•rr� �r - �r.y,� t i ' -u s Ylak , o J J !' � �eepp`b � •• •. 3� � �' °2 �, )i iy,,.,a•"+•`�r�;J � 2 r .,if`t•NS3'' � 1 � t 41-4•', dit It �.1 � { � - j - - • ^�` 4 4� y.a �� � r .t w?t rt Y,� 3• it ,,.•„s *a.S ? j �a��,t3.Y_ t„r^,l i'f�'�',}��Y > lt) s[ . 4 ,• „N. - -r as .,.tc;;_f:aJ.: t�a� ••... ra„' -r sv i. d0 f. ��•" I • v� :e : t i 1 .'� �!� eS __� _ J ,� e'iY1',3L• ' �6s'Li3i . ! •t r � ;•�'q` � `S°r t .�i1M �• }i� .tl, � r x � � r°• r' ...� ��••.:• .y.'� �+? • �j•. '�i'',:�..�4_.�`..•+•s'Y�+s ,. �- - -�"r'�D�1•� � -: + Eve ` r { T.a.� .rte >� ��i�� ��� ` C►.�(�� 4 `+ to r•. v ( OiH ��J Q r ` i (1 wi °!''tr� } .t �r c r , s`._� ''tip °` { {•: � � ^�F. r' 1 r t LAKE 8 1/2-R TYP .�a ca da .a a�- a � o 0 // Curb Detail '1 '�III�I ASPHALT PAVEMENT SUBGRADE COMPACTED SOIL Pave men allenis Palm Beach c Entry Gate - t Detail o� 04.05.99 R ed:".W Scale: 1"=30'-O" 0 15' 30' IX 1 1 1 �a �. � � � i `_� l � � � �, � �� �� -�� � �� �� P � Q � �:� -� � �- �� �-, � �. ,� ' � ���� , / � �. � � i ;� o �� � � � ��. P � , � yI � x. � � b � �, of � � � N� ,._ r � :. � �� � � � �. � � . � I x � �g ,� � -. �� � � ' ` � /r� � �% °{ � � � � �_�� � � ` �� � / �.�� , � � i �- a - / . � �� � �� Oj a� � 3� � � o NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRIC -: 357 HIATT DRIVE, PALM BEACH GARDENS, FLORIDA 33418 - 561 - 624-7630 • FAX 561- 624 -783 December 15, 1998 Ms. Ann Booth Urban Design Studio 2000 Palm Beach Lakes Boulevard Suite 600 West Palm Beach, FL 33401 Re: Fairwinds Avenue BallenIsles Country Club Unit of Development No. 31 Dear Annie: We received your November 30, 1998 letter regarding the referenced matter. Please accept this letter as Northern's conceptual authorization to proceed with the project conditioned on the following: 1. The devises used to gain access through the proposed gate must be the same as the devises which are used to open the entrance gates to BallenIsles from Northlake Boulevard, PGA Boulevard and Military Trail. i ' 2. The BallenIsles Community Associations Controlled Access Services manual must be modified to include the proposed gate. Alternately, in the event the BallenIsles Community Association is not the operational entity, then in that event the Homeowners Association must prepare a con[rolled access manual for review and approval by Northern. 3. No construction may occur until and unless Northern issues a permit for this activity. Attached please find a copy of Northern's Standard Permit Application. Please complete the application and return it to our office together with a check for $75.00 and three (3) sets of plans and specifications. You may send that to the attention of Ms. Tracy C. Robb, P.E. Please feel free to contact me if you have any questions regarding this matter. Thank you for your cooperation. _ Sincerely, 4 ' r � City o(P'R' Czrden O'Neal B rdin, Jr. Noy 4 i99 s -1 Technical Assistant cROWrH 9 c AETr ONB:vbl DERMNEnclosure l rr r%T � 0 F C 16 1998 �J --------------------------- ® �RINTEO ON RCCYClFO •AVER New Construction Committee r tlsles Community Association, Inc. 105 Ballenlsles Circle, Palm Beach Gardens, Florida 33418 -4001 (561)625-5720/(561)625-2637 Fax(561)625-2621 October 15, 1999 Mrs. Anne Booth Urban Design Studio 2000 Palm Beach Lakes Blvd. West Palm Beach, Florida 33409 Dear Anne, oOOOV�O� D�oO . �ALI.>�1Zst.>✓s The New Construction Committee reviewed the rotary gates for parcels 8A, 8B and 10 on Fairwinds Avenue were reviewed and given final approval. If you have any questions or if I can be of further assistance, please let me know. Sincerely, orothy D. Wilriams Administrator C 2-@MSS 7r�'11 ::, �IJ Fire — Rescue Chief Peter T. Bergel Life Safety Services Division • inspection secvkcs • Community Education • Plans Review • Fae investigation (561) 775 -8260 Fax (561) 775 -8269 no CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL - PALM BEACH GARDENS. FLORIDA 33410 -4698 Memorandum To: Bahareh Keshavarz, Senior Planner From: Scott Fetterman, Asst. Chief / Fire Marshal Date: January 11, 2000 RE: BallenIsles — Entry Gate — Parcels 8a, 8b and 10. The Fire Rescue Department has reviewed the above referenced development application and has the following comment and concern. ■ A Knox key switch will need to be provided to allow for emergency access for Fire Rescue vehicles. Thank you for your assistance and consideration in this matter. Please contact me if you have any questions. J0 AWA Seacoast Utility Authority Mailing Address: 2 Palm Beach Gardens, Florida 33410 -9602 EXECUTIVE OFFICE December 15, 1999 VIA FAX: 775 -1014 Ms. Bahareh Keshavarz Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: BallenIsles Entry Gate Parcels 8A, 8B and 10 Dear Ms. Keshavarz: We have no comments on your transmittal dated December 8, 1999 concerning the referenced project. Please call if you require additional information. Sincerely, SEACOAST UTIL AUTHORITY Bruce Gregg Director of Operations ad cc: R. Bishop J. Lance 9 S. Serra $ Ie A c1tv Gf r� m ore , 1999 �N /HG 1llHlNG 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174 1 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -283 _1 Wbfo LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS MEMORANDUM TO: Bahareh Keshavarz FROM: Sean C. Donahue, P.E. DATE: December 8, 1999 SUBJECT: BallenIsles Entry Gate for LBFH File No. 984001 Pods 8A, 8B & 10 We have reviewed the Entry Gate Plan, Landscape Plan and responses to our previous comments for the referenced project received on December 8, 1999. We offer the following comments: 1. Satisfied. The applicant has shown the areas of the site that will be modified. 2. Satisfied. The applicant has provided a Type D Curb Detail and a preliminary Asphalt Pavement Detail. The applicant will need to provide asphalt specifications and compaction requirements that comply with Section 114 -206 of the City's Land Development Regulations on the construction plans when they are submitted. The construction plans will also need to be certified by the civil engineer -of- record prior to construction plan approval. The entry gate plans will also need to be certified by the structural engineer -of- record prior to approval. We have no other engineering concerns with the submitted plans and are able to recommend their approval. SCD/ cc: Roxanne Manning Jack Hanson Pod 8B File No. 98-4W4 Pod 10 File No. 98 -0125 PAP R07ECTS\P B GMEM0\4001 \1001 t �0 4� City O( �•8.G DEC g 1999 tp puNN(NG ZONING 3550 S.W. CORPORATE PARKWAY • PALM CITY. FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http : / /www.lbfh.00(n • e -mail: info®Ibfh.corn PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE City Council Meeting March 25, 2000 Petition: PCD -99 -01 - _..... CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 6, 2000 Subject/Agenda Item: Public Hearing /Second Reading: Ordinance 8, 2000 — Golf Digest PCD Amendments. Recommendation /Motion: Staff recommends continuance of the Dublic hearina until Mav 4. 2000. Reviewed by: Originating Dept.: Costs: $_0 Council Action: Total City Attorney n/a Planning & Zoning [ ] Approved Division ACM $ 0 [ ] Approved /conditions Other N/A Current FY [ ] Denied Funding Source: [ ] Continued to: May 4, Advertised: 2000 Attachments: Date: 3/1/00 [ ] Operating C)-%5 • O O Paper: PB Post [ ] Not Required [ ] Other N/A Submitted by: Director Affected parties [ x ] Notified Budget Acct. #: ( ] None Approved by: City Manager [ ] Not required BACKGROUND: At its March 16`h meeting, the City Council continued the hearing until April 6th. Staff has not yet received the comments and conditions from South Florida Water Management District and therefore recommends continuance of the public hearing until May 4, 2000, since staff is unable to finalize the City's development order. 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: April 6, 2000 Date Prepared: March 21, 2000 Subject/Agenda Item: Petition MISC- 99 -36, application for the Towers PUD amendment, approved as H.C.F. Office Building PUD by Ordinance 21, 1981. The applicant is requesting two signage waivers for the Towers, which is located 300 feet south of the intersection of PGA Blvd. and U.S. 1, on the eastside of U.S. 1. (4- 43E -42S) Recommendation/Motion: Staff is recommending approval for one waiver and denial for another within Resolution 16, 2000 Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney Growth Management [ ] Approved Department Finance N/A $ 0 [ ] Approved w/ conditions ACM Current FY [ ] Denied Human Res. N/A Advertised: Funding Source: [ ]Continued to: May 4, Other N/A 2000 Attachments: Date: February 16, 2000 [ ] Operating • D O Paper: Palm Beach Post [ ] Not Required [ ] Other N/A 0 Resolution 16 -A, 2000 Resolution 16 -B, 2000 Su ' e b r h g en Affected parties Budget Acct. #:: Site Plan Dep [ X ] Notified Photographs Comments: Approved by: [ )None City Manager [ ] Not required SUMMARY OF COUNCIL MEETING: During the City Council meeting on March 2, 2000, the Council continued this hearing to April 6t' and requested that the applicant revise the petition to reflect consistent letters (size, style, and colors) on the existing ground sign. The petitioner has not yet provided the needed revisions to the petition as requested by the City Council. Staff recommends continuing the hearing until May 4' to allow the petitioner more time to address the Council's concerns. BACKGROUND: The Towers PUD, applicant, is petitioning the City Council for two sign waivers with respect to code requirements pertaining to the maximum height at which a wall sign can be placed and type of messages displayed on ground and wall signs. Currently, there are three existing ground signs on the subject site. The signs are located at 11300 U.S. Highway 1, Palm Beach Gardens 33408. In May of 1985, the petitioner was granted a variance allowing the applicant to place three tenant names and the building identification name on the mounted ground sign. All three signs were constructed in 1985. Two of the existing three ground signs have been determined by staff to be non - conforming. The site on which these signs are located does not have sufficient frontage on a public right -of -way to even permit one ground sign on the subject property. However, the mounted ground sign was approved for the subject site by Ordinance 21, 1981, which approved the Towers PUD. The applicant was notified of the non - conforming status of the existing signs as part of the non - conforming sign notification procedures. LAND USE DESIGNATION: The future land use designation of the site is Professional Office (PO), while the zoning classification is Planned Unit Development/Professional Office (PUD/PO). Land uses adjacent to the subject site consist of residential and commercial uses. PROPOSED REQUEST: The petitioner requests two waivers to allow posting four tenant names instead of three tenant and one identification name on the mounted ground sign, and to allow the placement of a wall/flat sign to be placed above the sixth floor. The applicant also proposes to voluntarily remove the other remaining two ground signs. PROCEDURE: The Land Development Regulations (LDRs) designate the authority of reviewing miscellaneous petitions and granting PUD waivers directly to the City Council. Pursuant to Chapter 118, Articles H and IV, Sections 118-45 and 118 -213, respectively, a waiver is considered on the basis of innovation in design and or exceeding other minimum design and or land development standards established within the City code. Additionally, Section 110 -72 of the sign code allows exceptions to the general requirements when the general intent and purpose of the code are met. MISC -99 -36 TOWERS SIGN WAVIERS REQUEST GROUND AND WALL SIGN CODE REQUIREMENTS WITH WHICH THE SUBJECT SIGNS ARE NOT IN COMPLIANCE A. Maximum Number of Signs: Code Requirements: Chapter 110 -36. Ground signs. (a) "Any property with at least 300 feet of a property line abutting a public right -of -way shall be allowed a ground sign... Present Condition: Three existing ground signs on site even though the subject property has only approximately 274.7 feet of linear frontage on U.S. 1. Request: Applicant proposes removing the two ground signs. Mounted ground sign will remain and was approved by Ordinance 31, which approved the PUD for the subject property. B. Maximum Number of Messages: Code Requirements: Chapter 110 -2. General Regulations and Restrictions and Prohibitions (e) "The messages on a ground sign or flat -wall sign may be used to identify a building or major tenant with the maximum amount of such sign messages not to exceed any three messages on any one sign." Present Condition: The existing mounted sign has three tenant names and one building identification name. A total of four messages are posted on the sign, whereas the current Code permits only a total of three messages. Request. Applicant requests a waiver to allow posting four tenant names on the mounted sign instead of three tenant names and one building identification name, as permitted by the variance granted to the applicant in 1985. C. Wall/Flat Signs: Code Requirements: Chapter 110 -37. Flat/Wall Signs (c) "Signs shall not be located higher than the second floor line elevation or top of the parapet of a one -story building." Present Condition: There is no existing wall sign posted on the building at the subject site. The applicant is permitted by Code to have one wall sign, since the property frontage exceeds the minimum frontage required for a wall sign, which is 100 feet on a public right -of -way. Request. Applicant requests a waiver to allow placing the wall sign higher than the second floor. Specifically, the applicant proposes placing the sign at the sixth floor parapet level. The requested waiver is for four floor levels higher than the second floor location of the sign, which is the maximum height permitted by Code. 2 STAFF COMMENTS: Staff has reviewed the petition for the requested two waivers and has determined that the applicant has not proposed innovative design measures nor has exceeded minimum standards required by City code, with respect to ground as well as wall sign requirements. These two criteria establish the threshold for whether a petitioner has met the criteria for a waiver. First, the subject parcel has only approximately 274.7 linear feet of frontage on U.S. 1, which is the only frontage the property has on a public- right -of -way. Pursuant to Chapter 110, Article 11, Section 110 -36, Signs, of the City's Land Development Regulations, any property with at least 300 feet of property line abutting a public right -of -way shall be allowed a ground sign. Accordingly, this property does not meet the minimum code requirement for maintaining two additional ground signs in addition to the approved mounted sign. The applicant, as proposed in this petition, will remove the other two ground signs. Second, the first waiver requested by the applicant is to allow a modification to the existing variance issued in 1985 to permit placing four tenant names with no building identification name on the mounted ground sign. A variance obtained by the applicant in 1985 allowed the petitioner to place three tenant names and one building identification name on the sign. Section 110 -2(e), General Regulations and Restrictions and Prohibitions, specifies that the message on ground or wall/flat signs may be used to identify a building or a tenant with the total number of messages not to exceed three on any one sign. Therefore, the applicant is permitted to place four tenant names on the mounted ground sign and exclude the building identification name. Third, the second waiver requested by the applicant is to allow placing a wall/flat sign above the sixth floor. The current code allows the applicant to place a wall sign on the subject building, since the property has over 100 feet of frontage on a public right -of -way, which is the minimum frontage required by the code for a wall sign. However, Section 110- 37(c), Flat/Wall Signs, prohibits placing a wall sign higher than the second floor line elevation on buildings with two or more floors. Accordingly, the applicant is not permitted to locate such sign at or above the sixth floor of the subject building. RECOMMENDATION: Upon review of this petition, staff recommends approval for a modification to the existing mounted ground sign variance, issued in 1985, allowing the posting of four tenant names on the ground sign. As to the second waiver, allowing the location of the wall sign to be higher than the second floor line elevation, staff recommends denial. Staff further recommends that the approval of such waiver /modification be conditioned upon the removal of the other two existing ground signs on the subject site. The recommendations are based on the following determinations: Section 110 -2(e), General Regulations and Restrictions and Prohibitions, states that the message on a ground or wall/flat sign may be used to identify a building or a tenant. This implies that the code does not necessarily require the building identification name to be among the messages placed on a ground sign. Accordingly, staff recommends approval of this waiver. The applicant has not proposed "innovative design measures" nor has "exceeded minimum standards" required by City code, with respect to wall sign requirements. Innovation in design or exceeding minimum code requirements is the bases upon which a waiver is considered and granted. Staff believes the applicant has not met either criterion with respect to the wall sign, and therefore recommends denial of the waiver for placing a wall sign beyond.the second floor elevation level. Two versions of Resolutions 16, 2000 have been prepared for your consideration. Staff recommends approval of Alternative B, which approves the modification to the existing mounted ground sign variance granted in 1985. gYralaVM isc- 99 -36.st i 3 ALTERNATIVE A April 6, 2000 RESOLUTION 16, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING TWO WAIVERS TO THE REQUIREMENTS OF SECTIONS 110 -2 AND 110 -37 OF THE CITY CODE, ENTITLED, "GENERAL REGULATIONS AND RESTRICTIONS AND PROHIBITIONS" AND "FLATIWALL SIGNS" FOR ONE (1) EXISTING GROUND SIGN AND ONE PROPOSED WALL /FLAT SIGN LOCATED AT 11300 U.S. HIGHWAY 1, 300 FEET SOUTH OF PGA BOULEVAD AND U.S. 1; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Alfred J. Malefatto, owner /applicant, has filed a petition for two sign waivers to the type and number of messages displayed on a sign and the height of wall sign requirements, as set forth in Sections 110 -2 and 110 -37 of the City Code; and WHEREAS, in accordance with Chapter 118, Articles H and IV, Sections 118-45 and 118 -213 of the City Code, the City Council finds that the applicant has sufficiently demonstrated innovation in design or has exceeded minimum design or land development standards established within the City Code; and WHEREAS, the City Council further finds that the waivers meet the general intent and purpose of the City sign code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Waivers to the requirements of Sections 110 -2 and 110 -37, entitled "General Regulations and Restrictions and Prohibitions" and "Ground signs," are hereby granted, with a condition of approval, for one (1) existing ground sign and one proposed wall/flat sign located at 11300 U.S. Highway 1, Palm Beach Gardens, FL 33408, approximately 300 feet south of U.S. Highway 1 and PGA Boulevard, as more specifically defined as follows: Two waivers from the requirements of the maximum number and type of messages displayed on a sign and the maximum height at which a wall/flat sign should be located, of three (3) messages on any one sign and at the second (2) floor elevation line, respectively. Waivers are granted to allow the display of four (4) tenant names on the ground monument sign (in lieu of three tenant names and one identification name) and locating the wall/flat sign at the sixth (6) floor parapet (in lieu of the second floor - elevation line) and subject to the following condition of approval: A. The petitioner must remove all other ground signs on site, except the monument ground sign, which is the subject of this waiver. Section 2. All resolutions in conflict herewith are hereby repealed. Section 3. This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \eat GATa1aUmisc- 99- 36.re.wpd 5 DAY OF April 2000. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT ALTERNATIVE B April 6, 2000 RESOLUTION 16, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING ONE WAIVER TO THE REQUIREMENTS OF SECTION 110 -2 OF THE CITY CODE, ENTITLED, "GENERAL REGULATIONS AND RESTRICTIONS AND PROHIBITIONS" FOR ONE (1) EXISTING GROUND SIGN AT 11300 U.S. HIGHWAY 1, 300 FEET SOUTH OF PGA BOULEVAD AND U.S. 1; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Alfred J. Malefatto, owner /applicant, has filed a petition for one sign waiver to the requirements of the type and number of messages displayed on a sign, as set forth in Section 110 -2 of the City code; and WHEREAS, in accordance with Chapter 118, Articles 11 and IV, Sections 118-45 and 118 -213 of the City code, the City Council finds that the applicant has sufficiently demonstrated innovation in design or has exceeded minimum design or land development standards established within the City code; and WHEREAS, the City Council further finds that the waiver meets the general intent and purpose of the City sign code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Waiver to the requirements of Sections 110 -2, entitled "General Regulations and Restrictions and Prohibitions," is hereby granted, with a condition, for one (1) existing monument ground sign located at 11300 U.S. Highway 1, Palm Beach Gardens, FL 33408, approximately 300 feet south of U.S. Highway 1 and PGA Boulevard, as more specifically defined as follows: One waiver to the requirements of the maximum number and type of messages displayed on a sign, of three (3) messages on any one sign. The existing monument ground sign displays three (3) tenant names and one (1) building identification name. Therefore, the waiver is granted to allow the display of four (4) tenant names on the monument ground sign and subject to the following condition of approval: Co A. The petitioner must remove all other ground signs on site, except the monument ground sign, which is the subject of this waiver. Section 2. All resolutions in conflict herewith are hereby repealed. Section 3. This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF April 2000. ATTEST: LINDA V. KOSIER M. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \eat GATa1a1/misc -99 -3 6.re.2. wpd 7 JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT azE -Gof 30/91 d. 319 -1 77736S319y ,(n I p W C cy CC ❑~ g a r cn LL- cr- I• i co Q El m! m > ~ ja GO < o Q �N N i I3 N OC W 3: O H w z slanva! 7a38N33as :aio,� �b yl oa- sZ -NV� ll l�jl j � �lly�l� a ........�...........li(1lrirli " 14-OV 3 l III lj� fill ,r , LimQ> fill1`ll,ir i1 rlInl r lsl,sL1�� ......... I ........ 3 Ina. 111.11411 s111thel:l � 1 ......i ............:t;1i1,;1, • (�L l07 -(wos .ti9flaliW.3l c3tld�tt.ti�i: \ aN/71r,3 '! pa i • ,OL'l'LZ • per-11= .vur� IwI./ L/+•7 i Op A d o i �1�.wt.ry .a�'Yei:a x���Y��aXSs E: Y�Yg'`xIEJa! Xi x. E <H : °XC991I::R:r •`1 lv 11niLn�' u e.•.a,Y)Vblvs 4/ �Y'itn'i .10 E 0m wa �C :.•. Et� .. •o.ouw,t, p �+ .� moo_ D . �--- •_'r.6O' v ° LL =�z m � :1 • ' 14 R E y i u a4' Wp hb \ au �. E 0m wa �C :.•. Et� .. •o.ouw,t, p �+ .� moo_ D . �--- •_'r.6O' v aNd7 ON /!09 H1a�%w - — a.HV7 oNi�B Ntnos' 01 0 If ;j fit Its ill, j fill it'll �� AFC •6Ca! 'j� -. d1F�,T l o��ry j.� Fww*Vow,w �XP••h07 :.•. Et� .. •o.ouw,t, p �+ .� moo_ D . �--- •_'r.6O' E� aNd7 ON /!09 H1a�%w - — a.HV7 oNi�B Ntnos' 01 0 If ;j fit Its ill, j fill it'll �� AFC •6Ca! 'j� -. d1F�,T l Attachment 4 • •.ter "_""' - ,�.�_ ::-� --- �.:-..... -: .�� -•N: I- �•:...2 _sue'_ ..� �•�- _ y '.c` � 1.. ... .�._" �1�.•�`. ' .' i.. �.•l:- ~ H.'fi ,lid •'F �. . �. � �Y; -, r,. �. to K 4a N-V . . . . . . . . . . I b. AA -Wft C1T) OF PALM BEAC! GARDENS 10300 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 33A10 • a22.1200 May 24, 1985 Mrs. Ann Booth Urban Design Studio 2000 Palm Beach Lakes Blvd. Suite 600 West Palm Beach, F1. 33409 Dear Mrs. Booth: Please be apprised that at the Zoning Board of Appeals Meeting of the City of Palm Beach Gardens, held on Wednesday, May 22, 1985, a motion was unanimously adopted to grant your variance request. The variance requested is an exception to the Requirements of Section 24 -21 G (2) and (3) that in an office building, one ground mounted sign with only the building name identified is permitted. The specific variance requested would permit three (3)- tenant names on the ground mounted sign along with the building name. This variance was granted to the location of "The Towers" 11300U.S. Highway 01, Palm Beach Gardens, Palm Beach County, Florida. BG Sincerely, (. Barbara Groth, Secretary:. City of Palm Beach Gardens r�, �4gjM Fyl � Fyl i 12 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 6 2000 Date Prepared: March 6, 2000 Subject/Agenda Item: Petition VAR- 00 -03, application for Northmil Plaza, approved as a shopping center consisting of 90,363 square feet by Resolution 47, 1999. The applicant, Northlake Partners, is requesting a sign variance to allow placement of a ground sign on the 11.5 acre vacant property located a few feet away from the northeast corner of Military Trail and Northlake Blvd. (13- 42E -42S) Recommendation/Motion: Staff recommends approval of Resolution 27, 2000. Reviewed by: Originating Dept.: Costs: S 0_ Council Action: Total City Attorney Growth Management [ ] Approved Department Finance N/A $ 0 [ ] Approved w/ conditions ACM Current FY [ ] Denied Human Res. N/A Advertised: Funding Source: [ ] Continued to: Other N/A Date: March 22, 2000 [ ] Operating Attachments: Paper: Palm Beach Post [ ] Other N/A Resolution 27, 2000 • Signagc landscape plan • Conceptual Signage design • Location map • Resolution 47, 1999 03' 02 O O [ ] Not Required Comments: Sub Witted by: lo 4 e Affected parties Budget Acct. #:: partment [ X ] Notified [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Northlake Partners, applicant, is petitioning the City Council for a sign variance to allow placement of a second ground sign at the Northmill Plaza commercial center located a few feet away from the northeast corner of Military Trail and Northlake Blvd. Currently, one ground sign has been approved for the Northmill Plaza along Northlake Blvd., as indicated on the approved site plan. The applicant is requesting a variance to allow the placement of a second ground sign on the subject property, which is an irregularly shaped corner lot at the northeast corner of Military Trail and Northlake Blvd. The property has only 860 feet of frontage along both Military Trail and Northlake Blvd. The applicant requests a variance for 140 feet from the minimum 1000 -foot requirement for the placement of two ground signs on the subject property. LAND USE DESIGNATION: The future land use designation of the site is Commercial (C), while the zoning classification is General Commercial (CG1). Properties adjacent to the subject site are designated Residential Low (RL) to the north and Commercial (C) to the south, east, and west. PROPOSED REQUEST: The petitioner requests a variance to allow the placement of a second ground sign along Military Trail. The variance is requested for 140 feet of linear frontage from the 1000 -foot minimum requirement needed for having two ground signs. Currently, one ground sign has been approved for the subject property along Northlake Blvd. PROCEDURE: The Land Development Regulations (LDRs) designate the authority of reviewing and granting sign variances directly to the City Council. As with other variances, a petitioner must demonstrate hardship. Section 110 -72 Variances, states that "The hardship shall not be economics or natural obstructions on adjacent land, but shall be a hardship whereby an applicant cannot reasonably enjoy and utilize the intended benefits provided in this chapter." The proposed sign meets code requirements for ground signs, except for the requirement of the minimum linear frontage on a public right -of -way needed to allow a ground sign, as outlined in chapter 110, signs, of the City's Land Development Regulations. VAR -00 -03 NORTHMILL SIGN VARIANCE REQUEST GROUND SIGN CODE REQUIREMENTS WITH WHICH THE SUBJECT SIGN IS NOT IN COMPLIANCE A. Maximum Number of Signs: Code Requirements: Chapter 110 -36. Ground signs. (a) "Any property with at least 300 feet of a property line abutting a public right -of -way shall be allowed a ground sign. An additional ground sign shall be allowed for each additional 700 feet of public right -of -way. The frontage of two or more public streets shall be additive to compute frontage." Present Condition: A ground sign has been approved along Northlake Blvd. by Resolution 47, 1999, which approved the commercial center. The property has approximately a total of 860 linear feet of frontage along both Northlake Blvd. and Military Trail. The applicant needs approximately an additional 140 feet of linear frontage for a second ground sign. Request. Applicant requests a variance for 140 feet of frontage to allow the placement of a second ground sign along Military Trail, while the other approved sign will be placed along Northlake Blvd. STAFF COMMENTS: The applicant argues that a hardship exists because having only one sign on the subject site, given its irregular shape, does not facilitate easy communication (easy access) and interaction between people and their surroundings, as outlined in Section 110 -1 of the City's sign code. The subject site is located a few feet north and east way from the intersection of Military Trail and Northlake Blvd., but still has frontage on both. The former enclave totaling 1.86 acres is immediately adjacent to the intersection. This irregular shape or configuration of the lot prevents the applicant from realizing some of the intended benefits of the Code, which include easy communication and access from and to the subject property. Thus, creating a hardship. Providing a ground sign along each arterial, Military Trail and Northlake Blvd., to identify the function of the subject property would facilitate easy access to the site and prevent potential traffic problems. It is very likely that motorists or potential patrons driving along Military Trail would not be able to identify the site in time prior to approaching the entrance, which may lead to sudden stops or hasty and/or last minute lane changes. 2 Some motorists may resort to making otherwise unnecessary U -turns for having missed the entrance of the property along Military Trail. Potentially, both situations could compromise traffic safety along the arterial, which could be averted by allowing a second ground sign along Military Trail. In addition, Northlake Blvd. and Military Trail are two major east -west and north -south arterials with Average Daily Traffic (ADT) volumes of approximately 42,402 (between Military Trail and I -95) and 35,358 (for a segment a few feet south and north of the intersection of Military Trail and Northlake Blvd.) trips, respectively. These counts were reported in August of 1999. If the potential traffic problems mentioned above were to occur, the situation on either or both arterials could lead to safety and traffic problems, given the high traffic volumes on the two immediate segments to the subject property. City Assistant Engineer has recommended approval of this request based on traffic safety and operations on both arterials. Please see attached comments. RECOMMENDATION: Upon review of this petition, staff recommends approval of the request for a variance to allow a ground sign on the subject property along Military Trail. The recommendation is based on the following determinations: The applicant has satisfied the hardship test. The justification for the hardship is provided for in Section 110 -1, Intent and purpose, Article I of the City Code. The hardship is that the applicant "can not reasonably enjoy and utilize the intended benefits provided in this chapter." Some of the intended benefits include are defined to be easy communication and interaction between people and the environment. Easy communication can be defined, in this case, to mean easy access to and from the subject property, thereby facilitating easy interaction between patrons and the subject commercial center; A legible ground sign proposed to be located along Military Trail would prevent potential traffic and safety situations that would otherwise likely occur from not having a sign on Military Trail, as explained above. Staff believes the applicant has demonstrated a hardship and that a ground sign along Military Trail :< would prevent potential safety and traffic concerns from arising in the future as they would pertain to the subject site. Q/TalaWAR -00 -01stl 3 April 6, 2000 RESOLUTION 27, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING A VARIANCE TO THE REQUIREMENTS OF SECTION 110 -36 OF THE CITY CODE, ENTITLED, "GROUND SIGNS" FOR ONE (1) PROPOSED GROUND SIGN GENERALLY LOCATED AT NORTHMILL PLAZA AT THE CORNER OF MILITARY TRAIL AND NORTHLAKE BLVD.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Northmill Partners, owners/applicants, have filed a petition for a sign variance to the minimum linear frontage on a public right -of -way needed to allow a ground sign requirements, as set forth in Section 110 -36 of the City Code; and WHEREAS, in accordance with section 110 -72 of the City Code, the City Council finds that the applicant has sufficiently demonstrated an undue hardship whereby it can not reasonably enjoy and utilize the benefits provided in the City sign code; and WHEREAS, the City Council further finds that the variances meet the general intent and purpose of the City sign code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Variance to the requirements of Section 110 -36, entitled "Ground signs," is hereby granted for one (1) proposed ground sign generally located at the Northmill Plaza at the corner of Military Trail and Northlake Boulevard in the City of Palm Beach Gardens, as more specifically defined as follows: A variance to the requirement of the minimum linear frontage on a public right -of -way needed to allow a ground sign. The subject property has approximately 860 feet of linear frontage on both Northlake Boulevard and Military Trail. The Code requires a minimum of 1000 feet of linear frontage along a public right -of -way for the placement of two ground signs. Therefore, the variance granted is for 140 of linear frontage along Military Trail. Section 2. All resolutions in conflict herewith are hereby repealed. Section 3. This resolution shall be effective upon adoption. 4 INTRODUCED, PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \eat G:Tala WAR- 00- 03- re -wpd 5 DAY OF 2000. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT June 3, 1999 RESOLUTION 47,1999 ARE SOLUTION OF THE CITY COUNCIL OF TAE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF A 90,363 SQUARE FOOT SHOPPING CENTER TO BE NAMED NORTE M?i, PLA_7_,A AND LOCATED ON AN 11.5 ACRE PARCEL AT THE NORTNFAST CORNER OF MILITARY TRATT. AND NORTNLAKE BOULEVARD; PROVIDING FOR BINDING VOLUNTARY COMAHTMENTS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the petitioner, Northlake Partners, is requesting site plan approval for the construction of a 90,363 -square foot shopping center to be named Northmil Plaza and located on an 11.5 acre parcel at the northeast corner of Military Trail and Northlake Boulevard; WHEREAS, the City Council has determined that the proposed petition is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: section 1. The City Council hereby approves the site plan for a 90,363 square foot shopping center to be named Northmil Plaza and located on an 11.5 acre parcel at the northeast comer of Military Trail and Northlake Boulevard, as described in attachment "A ", which is incorporated as part of this resolution. section 2. Said construction shall be in accordance with plans on file with the City's Planning and Zoning Division as follows: 1. May 26, 1999 Site Plan, Urban Design Studio, 1 Sheet 2. May 26, 1999 Landscape Plan, Urban Design Studio, I Sheet 3. March 8, 1999 Detail Sheet, Urban Design Studio, 1 Sheet 4. May 26, 1999 Landscape Details, Urban Design Studio, I Sheet 5. July 3, 1997 Military Trail Landscape Plan, Urban Design Studio, 1 Sheet 6. October 9, 1997 Architectural Elevations, Ted Davis and Associates, Sheet A -1 7. August 19, 1997 Architectural Elevations, Ted Davis and Associates, Sheet A-2 rel 8. January 6, 1998 Architectural Elevations, Ted Davis and Associates, Sheet A -3 9. January 27, 1997 Architectural Elevations, Ted Davis and Associates, Sheets A-4 10. January 24, 1997 Architectural Elevations, Ted Davis and Associates, Sheets A -5, A-6 11. October 9, 1997 Sign Details, Urban Design Studio, I Sheet 12. March 8, 1999 Lighting Plan and Notes, Urban Design Studio, 2 Sheets 13. December 21, 1997 Conceptual Drainage Plan, Urban Design Studio, I Sheet 14. August 13, 1996 Traffic Impact Analysis, Yvonne Ziel Traffic Consultants, Inc Section 3. Approval is based on the following voluntary commitments which shall be considered binding upon the applicant, its successors, and assigns: (1) The applicant shall dedicate the ten (10) feet of R.O.W. along Military Trail to the Florida Department of Transportation (FDOT) prior to the issuance of the first Building Permit. (Building Division, Development Compliance Officer) (2) The applicant shall dedicate the 6 feet of right of way along Northlake Boulevard to Palm Beach County prior to the issuance of the first Certificate of Occupancy. (Building Division, Development Compliance Officer) (3) The applicant shall submit detailed design calculations for onsite drainage improvements as well as possible outfall improvements to the City Engineer for review and approval, prior to construction plan approval. (City Engineer, Building Division) (4) The applicant shall submit it boundary plat, suitable for recording, for review and approval by the City Engineer before the issuance of the first building permit. (City Engineer) (5) When the "Future Development Area # 1" and "Future Development Area #2" are constructed, the vehicular access for each parcel shall be limited to the internal north-south drive aisle. (City Engineer, Planning and Zoning Division) (6) Prior to Construction Plan approval the "Typical Exfiltration Trench Detail" and data in Exhibit "c" shall be reconciled to the satisfaction of the City Engineer. (City Engineer, Development Compliance Officer) (7) The existing drainage inlet (catch basin number 5) shall be replaced with a new inlet or properly cleaned of tree roots and any structural drainage repaired prior to fast certification of occupancy. (City Engineer) (8) Any modifications to the sidewalk on Military Trail and Northlake Boulevard shall be done prior to 8:00 am. and after 5:00 p.m. so as not to interrupt continuous pedestrian use of those sidewalks during the day.(Building Division, Development Compliance Officer) Resolution 47, 1999 Page 2 7 (9) The City and the applicant shall work together to determine an appropriate location for the crosswalk located at the Military Trail egresslingress and together shall seek approval of the preferred sidewalk location and compatible design for the median cut from FDOT. The final determination of the location of this sidewalk, which shall be acceptable to the City Engineer, shall be made prior to the issuance of the first Building Permit. (Development Compliance Officer, City Engineer) (10) The petitioner shall, by separate instrument, dedicate public access to the sidewalk located outside the Military Trail R.O.W. prior to the issuance of the fast Certificate of Occupancy, if permitted by FDOT. Such dedication shall be recorded in the public records. (Development Compliance Officer, City Engineer) (11) The speed hump shall be indicated on the construction plans to be extended across both ingress and egress travel lanes prior to construction plan approval, if FDOT permits the location of the sidewalk outside of the Military Trail right -of -way. (City Engineer) (12) All deliveries to the site shall be limited to the hours of 7:00 am. to 9:00 p.m. (Development Compliance Officer, Code Enforcement) (13) All refrigerated trucks shall be required to switch off refrigeration equipment while on site. (Development Compliance Officer, Code Enforcement) (14) All vehicles shall be prohibited from stopping or standing with engines idling on the north and east sides of the shopping center. (Code Enforcement, Development Compliance Officer) (15) The petitioner shall agree to limit garbage collection to the hours between 8:00 a.m. to 5:00 p.m. Monday through Saturday, to the best ability of the City's waste collector. (Code Enforcement, Development Compliance Officer). (16) Design and operation of all improvements on the property shall be conducted in such a manner so as to avoid pure tones and impulsive sounds which are audible at the north and east property Imes, and mechanical and electrical equipment selected for the project shall not emit pure tones or impulsive sounds which are audible at the north and east property lines. (Code Enforcement, Building Department) (17) The following parking calculations have been agreed to (all square footages are gross): (a) In -Line Retail: 1 space per 200 square feet. (b) Future Development Area (Retail): i space per 250 square feet. (e) Future Development Area (Financial with drive -thm): 1 space per 250 square feet. (d) Future Development Area 3 (Restaurant with drive -thm): 1 space per 3 seats + 1 space per employee on maximum shift. (Planning and Zoning Division) Resolution 47, 1999 Page 3 go (18) All shopping center wall signage shall be internally - illuminated blue acrylic -faced lettering. (Development Compliance Officer) (19) The applicant shall provide, at their own expense, a crossing guard certified by the City of Palm Beach Gardens Police Department at the shopping center's Military Trail entrance crosswalk during the morning and afternoon school hours, as designated for the Grove park Elementary School zone. This commitment shall continue in perpetuity. (Code Enforcement) (20) Consistent with Chapter 118 -46, recordation of all plats, installation of all infrastructure, common area improvements and landscaping, and dedication of rights -of - -way and easements shall be completed prior to December 31, 2001. Time extensions are subject to the criteria set forth in Chapter 118 of the City's Land Development Regulations. (Planning and Zoning Division, Engineering) (21) The petitioner shall record a Unity of Title for the property within 60 days of the effective date of this ordinance. The intent of this document is to prevent subdivision of the overall site for the purpose of fee - simple conveyance of ownership of future development areas 1, 2 and 3. (Development Compliance Officer) Section 4. This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF ATTEST: 1999 V ArrtcUVED AS TO LEGAL FORM AND LINDA . KOSIE�R y S ICIEN �7 l -r - - - • - CITY ATTORNEY VOTE: COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO GAShort RangcNsp9903.rc.wpd Resolution 47, 1999 Page 4 AYE NAY ABSENT G41 b za,w zw«rtwR.a«ra aY = as Y �I TNeGarirn � � < S YNIY1' �L. b I « 22 z xar fit ` � \ ' F r�•� ]I IIbT «aTN � 'o '1..J r} la Y N c awla<ns t 27 Li - .7 I \ -� .b c• 1 �r sw � •. < . 3 -� J`� TEl1 Ullr•OR N• NORTHMIL PL i PALM BEACH GARDENS, FL LOCATION MAP UDS Job #: 16124.25 io 3 ro� 1' F 9;t' 30 AZA'.,' :W Scale Y 1 /2" = 1 MUe R42 0T42.oS13 W. awY I oY 2 i«vzNan a 1 rarreY(aYY R a TulYCCO« u ' z. ta«ur on � caE�r u JrNOa j r.rawc�r u LlVO � rz.ae«Nr u b za,w zw«rtwR.a«ra aY = as Y �I TNeGarirn � � < S YNIY1' �L. b I « 22 z xar fit ` � \ ' F r�•� ]I IIbT «aTN � 'o '1..J r} la Y N c awla<ns t 27 Li - .7 I \ -� .b c• 1 �r sw � •. < . 3 -� J`� TEl1 Ullr•OR N• NORTHMIL PL i PALM BEACH GARDENS, FL LOCATION MAP UDS Job #: 16124.25 io 3 ro� 1' F 9;t' 30 AZA'.,' :W Scale Y 1 /2" = 1 MUe R42 0T42.oS13 c O LN y 0* s v N kill IL C ��Ssm LL W w C= 0e m� ._ V .r 63 �o L F4 Z4' N ca 0. r Ea) NMI � cu c O LN y 0* s v N kill IL C ��Ssm LL W w C= 0e m� ._ V .r 63 �o L cu N ca 0. °o Ea) NMI � cu -2 -� cu U) °)- ._ � U � t a C O m ZP a) CU U f it t{ #jl�l1�! i ueld OMS epl�oiq `suaple� yoeOS led I c1l I`J `v T'eY,` "Y°�v kj t ml ' I II I I j t� - E _ I �i i, I I t a . r i; O O m got Y! 44 L J l at I I R r i; O O m got Y! 44 L J I I r i; O O m got Y! 44 .0 cc \_: v L�7 N CO a �CD fN W N d N ai c CL m m n f0 (Q cu �L E N C: C a c c m C iu m CL (U 0 � _ x RS oE ?� S uu -0 .- � - c5:: t Q 6 m .:.� n o rn o ;: o �U C h ro O s j� Z rn� ro m c= o c �a c rn Lu c t c o o m �:3 0 U 4 0 » dr a n`u m V O CL zcc g � N h b m o Q �j N m cc \_: v L�7 N CO a �CD C O H d ai c CL .� r m n CU CZ '� �L O N�0 _ U) -0 CL O cz cz CD cu Q � CZ m V O E� zcc LL .__„1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 03/22/00 Meeting Date: 04/06/00 Subject/Agenda Item Ordinance 11, 2000, Revising the Fire Pension Retirement Plan. Recommendation /Motion: Consider a motion to adopt Ordinance 11, 2000 on second reading. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (total) City Attorney Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Funding ource: g [ ]Continued to: Advertised: Attachments: Date: March 22, 2000 [ ] Operating Other Paper: Palm Beach Post [ ] Not Required [ ] Other Memorandum Submitted by: Kent R. Olson Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum. Approved on first reading on March 16, 2000. CITY OF PALM BEACH GARDENS MEMORANDUM i TO: Mayor and City Council DATE: March 22, 2000 APPROVED: Nabar E. Martinez, City Manage FROM: Kent R. Olson, Finance Director 1\ f� SUBJECT: Ordinance 11, 2000 - Fire Pension Retirement Plan Revisions BACKGROUND The State Legislature passed and Governor Bush signed into law HB 261, which provided for several changes in the State Statutes regarding Fire Pension plans. The Fire Pension Board has completed an analysis of the existing plan and has offered amendments to bring the Plan into compliance with the new law in Ordinance 11, 2000. Ordinance 11, 2000 was approved on first reading at the March 16 Regular City Council Meeting. DISCUSSION The passage of HB requires that several minor changes are required to bring our Plan into compliance with State law. These include changes for re- employment, treatment of military duty, updating investment options, disability presumptions and other small changes which will not affect the funding requirements for the Plan. The Plans were required to be in compliance by the end of 1999, thus the effective date of the Ordinance is retroactive to December 31, 1999. Ordinance 11, 2000 will bring our Fire Pension Retirement Plan into compliance with State Statutes. These changes to the Plan will not have a cost impact upon the City. RECOMMENDATION Staff recommends adopting Ordinance 11, 2000 on second reading, providing for changes to the Fire Pension Retirement Plan. ORDINANCE , AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS AMENDING CHAPTER 38, FIRE PREVENTION AND PROTECTION, ARTICLE 11, FIRE DEPARTMENT, DIVISION 2, FIREFIGHTERS' PENSION TRUST FUND, OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS; AMENDING SECTION 38 -51, DEFINITIONS, BY DELETING THE DEFINITION OF "ACT" AND AMENDING THE DEFINITION OF "CREDITED SERVICE; AMENDING SECTION 38 -53, BOARD OF TRUSTEES; AMENDING SECTION 38 -54, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 38 -55, CONTRIBUTIONS; AMENDING SECTION 38 -58, DISABILITY; AMENDING SECTION 38 -60, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 38 -61, BENEFICIARIES; AMENDING SECTION 38 -63, REPORTS TO DIVISION OF RETIREMENT; DELETING SECTION 38- 65, BOARD ATTORNEY AND PROFESSIONALS; AMENDING SECTION 38 -66, MAXIMUM PENSION; AMENDING SECTION 38 -69, REPEAL OR TERMINATION OF SYSTEM; ADDING SECTION 38 -72, CONVICTION AND FORFEITURE; FALSE, MISLEADING OR FRAUDULENT STATEMENTS; AMENDING SECTION 38 -76, PRIOR FIREFIGHTER SERVICE; DELETING SECTION 38 -78, SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA; SECTION 1: That Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -51, Definitions, is hereby amended by deleting the definition of "Act" and amending the definition of "Credited Service ", to read as follows: 1 T- _1_____ Tl___ � T________ A _� _C tll^7A fnY Alt Allis - - � - --- AGL 11IGQ11J UlG iL11l�J1Vy GG 1 \GLLL G11IGlll 111GV111G JGGUllty 11GL Vl 17 /Y `1 L. 7J -YVVJ -u— ally 1_�'_�_ '_____-1 �L_ --- _- -1 __L__ d__ Tl_.__ - CT _L__ _ --1 .t- - T__a______I Tl _________ [�_-- i7egu aLLVIlJ 1JJUGU U1G1GU11UG1 Vy ULU LJUF4UU1IG11L V1 L,1VVL al1U ULU 111LG111Q11 \GVGIIUG JGIVIGG" �L_a [�a_�_a_ __-1 mot____ __t _a'_ _t__tl L_ as UIQL 'AaLULG ULU UIG.3G LGg ULativI1J .311,111 UG a1llG1lUGU. Credited Service means the total number of years and fractional parts of years of service as a Firefighter with Member contributions, when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Firefighter. A Member may voluntarily leave his Accumulated Contributions in the Fund for a period of five (5) years after leaving the employ of the Fire Department pending the possibility of being reemployed as a Firefighter, ailu �U- «► srii►Ylvyw lvl a Y--iiOu Ul IIVI lV--S a Mail `ulrce -(3) years, without losing credit for the time that he was a Member of the System. If the a vested Member dotes not fedlaid Glll�7lVyw lUl a YG11VU Vl UUGG lJJ yGalJ U'JVII 1GC;11LPLUYa-LcIA wlultli (5) yeas, u«« u.e leaves the employ of the Fire Department. his Accumulated Contributions will be returned only upon his written request. If a Member who is not vested is not reemDloved as a Firefighter with the Fire Department within five (5) years. hi,5 Accumulated Contributions shall be returned. Upon return of a Member's Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. However, im Upon any reemployment. a Firefighter wI-*-'U' shall not receive credit for years or Coail leteu 1l undis and fractional Darts of years of service for which he has withdrawn his Accumulated Contributions to from the Fund L'V-f ahose yc' is 0i COa-1 leWu iuoatuhs uJi .1l— ice, unless the Firefighter repays into the Fund the contributions he has withdrawn, with interest, as determined by the Board. within ninety (90) days after his reemployment. The vears or fractional Darts of a vear that a Member serves in the military service of the Armed Forces of the United States. the United States Merchant Marine or the United States Coast Guard. voluntarilv or involuntarilv. after seDaration from employment as a Firefighter with the Citv to perform training or service, shall be added to his years of Credited Service for all Durposes. including vesting. Drovided that: A. The Member must return to his emDlovment as a Firefighter within one (1) year from the earlier of the date of his military discharge or his release from active service. B- The Member is entitled to reemplovment under the Drovisions of the Uniformed Services Emolovment and Reemployment Rights Act (USERRA). (P.L.103 -353). U.. The maximum credit for military service pursuant to this paragraph shall be. five (5) years. 2 SECTION 2: That Chapter 38, Fire Prevention and Protection, Article H, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -53, Board of Trustees, is hereby amended by amending subsection 4, to read as follows: 4. The Board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the System. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree. In the event the Board chooses to use the Citv's legal counsel. actuary or other professional, technical or other advisors, it shall do so only under terms and conditions acceptable to the Board. SECTION 1 That Chapter 38, Fire Prevention and Protection, Article H, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -54, Finances and Fund Management, is hereby amended by amending subsections 5 and 6, to read as follows: 5. An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the City System showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a com- plete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Palm Beach Gardens City Council to amend or terminate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All contribu- tions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and 3 administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest separately any portion of the Fund. B. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Annuity and life insurance contracts with life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund or a savings building and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States Q1 by an aeencv of the government of the United States. (4) Bonds issued by the State of Israel. (5) Stocks, commingled funds administered by national or state banks, mutual funds and bonds or other evidences of indebtedness.. provided that: -- _ ,- -1 t -- n /- - - - - 1r7C_ Except to u1G GJ.LGIII VulGl W1JG �JG1111111GU Uy %- 1JLalJLV" 1 /J, loiiu'a Statues, as provided In subparagraph (b)- all individually held securities and all securities in a commingled or mutual fund must be issued or guaranteed CAI by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. No -foreign __ � ' L__'�__ -11_ llIVGJLLIIG(1lJ J1IQ11 UG �JG111LLlLGU W1IGLL1G1 VW1lGU illUlVlUUQUY 1, _ V1 111 Cl GVl1LLlW1r1GU UL 1l1LL WQ1 UIIU, GAI.G�JI W U1%, GAL.GIIL VU1G1 W1JG FG1IIdLLGU Uy 'k-Ha' JLUL 1 I J, 1'1V11UQ JLQLULGS: Up to ten percent (10 %) of the assets of the Fund may be invested in foreign securities. E W The Board shall not invest more than five percent (5 %) of its assets in the common stock, capital stock, or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5 %) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock and convertible securities at cost exceed sixty-five percent (65 %) of the assets of the Fund. At least once every three (3) years, and more often as determined by the Board. the Board shall retain a professionally qualified independent consultant, as defined in Section 175.071, Florida Statutes. to evaluate the performance of all current investment managers and make recommendations regarding the retention of all such investment managers. These recommendations shall be considered by the Board at its next regularly scheduled meeting. D. . The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. 5 E. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. F. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitaliza- tions, consolidations, and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. G. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. H. Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a Member, the City, or any other entity, of specific information, certifica- tion, direction or instructions, the Board shall be free of liability in failing to take such action or perform such duty or function until such D information, certification, direction or instruction has been received by it. I. Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled to, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner. J. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for. K. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. L. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. SECTION 4: That Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -55, Contributions, is hereby amended by amending subsections 1 and 3, to read as follows: 7 1. Member Contributions. A. Amount. Each Member of the System shall be required to make regular contributions to the Fund in the amount of six percent (6 %) of his Salary. Member contributions withheld by the City on behalf of the Member shall be deposited with the Board at- I=t monthly immediately after each vav veriod. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 3. Citv Contributions. So long as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the difference in each year, between the total aggregate Member contributions for the year and the total cost for the year, as shown by the most recent actuarial valuation of the System. The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability item - - - - -- -� *A_ `_ r- � - -- ' - - -� -�_ mot__ r.rr_ - T� -`- c 8V G1 ll LLLL1ly kJV) yGQi �JG11VLL, VVLLHL1Gjj%,"j6 WLUL ULG iiJGQ1 VG21 ill WLLLWL ULG L'11GGLIVG "aLG V1 uli5 Systrum vccuEs as provided in Part VII of Chapter 112, Florida Statutes. SECTION 5: That Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -58, Disability, is hereby amended to read as follows: Sec. 38-58. DISABILITY. 1. Disabilitv Benefits In -Line Of Duty. Any Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability was directly caused by the performance of his duty as a Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to sixty percent (60 %) of the Average Final Compensation of the Member_ but in any event, the minimum amount paid to the Member shall not be less than two percent (2 %) of Average Final Compensation for each year of Credited Service. Terminated persons, either vested or non - vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 2. In -Line of Dutv Presumptions. A. Presumption. Any condition or impairment of health of a Member caused by hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by competent evidence, provided that such Member shall have successfully passed a physical examination upon entering into such service, i �cluuiig uuuiv- gram; which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. B. Additional Presumption. The presumption provided for in this subpara- graph B. shall apply only to those conditions described in this subpara- graph B. that are diagnosed on or after January 1, 1996. (1) Definitions. As used in this subsection 2.B., the following definitions apply: (a) "Body fluids" means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood -borne pathogens, as established by the Centers for Disease Control, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term "body fluids" includes respiratory, salivary, and E sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. (b) "Emergency rescue or public safety Member" means any Member employed full time by the City as a firefighter, paramedic, emergency medical technician, law enforce- ment officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety Member" does not include any person employed by a public , hospital licensed under Chapter 395, Florida Statutes, or any person employed by a subsidiary thereof. (c) "Hepatitis" means hepatitis A, hepatitis B, hepatitis non -A, hepatitis non -B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. (d) "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this subsection, in performing the basic duties associated with his employment: i. Provides emergency medical treatment in a non- health-care setting where there is a potential for transfer of body fluids between persons; ii. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise 10 handles needles or other sharp instruments exposed to body fluids; iii. Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, may be exposed to body fluids; or iv. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. (e) "Occupational exposure," in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. (2) Presumption. Any emergency rescue or public safety Member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the Member must, by written affidavit as provided in Section 92.50, Ek6da Statutes, verify by written declaration that, to the best of his knowledge and belief: (a) In the case of a medical condition caused by or derived from hepatitis, he has not: 11 (b) (c) i. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his employment; ii. Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; iii. Engaged in unsafe sexual practices or other high - risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high -risk behavior; or iv. Used intravenous drugs not prescribed by a physician. In the case of meningococcal meningitis, in the 10 days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test, he has not been exposed, outside the scope of his employment, to any person known by him to have tuberculosis. 12 (3) Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presump- tion is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety Member may be required by the City to undergo the immunization or prophylaxis unless the Member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the Member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety Member to undergo such immunization or prophylaxis disqualifies the Member from the benefits of the presumption. (4) Record of Exposures. The City shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety Member in its employ to the disease described in this section and shall immediately notify the Member of such exposure. An emergency rescue or public safety Member shall file an incident or accident report with the City of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis. (5) Required medical tests: preemployment physical. In order to be entitled to the presumption provided by this section: (a) An emergency rescue or public safety Member must, prior to diagnosis, have undergone standard, medically accept- able tests for evidence of the communicable disease for 13 which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection. This paragraph does not apply in the case of meningococcal meningitis. (b) On or after June 15, 1995, an emergency rescue or public safety Member may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis. 3. Disability Benefits Not -in -Line of Dutv Any Member with ten (10) years or more Credited Service who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically deter- minable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability is not directly caused by the performance of his duties as a Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to two and five tenths percent (2.5 %) of his Average Final Compensation multiplied by the total years of Credited Service, but in any event, the maximum amount paid to the Member shall be fifty percent (50 %) of his Average Final Compensation, but not less than two percent (2 %) of Average Final Compensation for each vear of Credited Service. Terminated persons, either vested or non - vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 4. Conditions Disaualifvine Disabilitv Benefits. Each Member who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by: A. Excessive or habitual use of any drugs, intoxicants or alcohol narcotics. B. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections. T_ _ _ -- �,. uyu�y v� u1,Ca,e �usLau►eu while conuruttmg a crime. 14 f) C— Injury or disease sustained while serving in any branch of the Armed Forces. D— Injury or disease sustained after his employment as a Firefighter with the City of Palm Beach Gardens shall have terminated. 1'. 11 illLU1, Wa1LLULL Vl U1LG11UUL14CL1 11LL3l.Vl1UUl.L V1 gLVJJ 11c�LL�G11l,G UL UJU G^ �'____ 1 d__ 11,f_ -_L__ ___L'1_ _1 _• r__ Ii►�uiy vi uiJCaac auata"LUU Uy ULG LVlculuGl W1Ulc WVLAUIY, 1V1 aiLYVi ►b V ULGL Ulan ULU %-,It Ql1LL al lJlllb' VLLL Vl JLLGII G1111JIVy111G111. TT �_..'___ L_ T7_--r- 1_�__t_ _ _ . -- d__ C�___.____ *7_ 11. A GV11LL1LLV11 �J1G"GALSUiL6 UiG L11G116ILWAL J 111GI1lUG1J1UfJ JUL ULG �Jy.,LGIIL. L U ,f_�_L __ _1__11 L_ 1_� _ _ ___ 1•�_ r l__L fUi-nbGl JLlall UG GILLLUGLL LU a U1JQUli1Ly 1JG11J1U11, W1lGLL1Gl 11L 1111G UL LLULy __ �_� _� 1_�_ _r �__..__ L_______ _r -__ '___ t_ d__ - __--- r _ Vl aot JU1 llllc Vl LLULy, UGI,QUJG VL Vl UUG LV ULU aggla VQUVLI VL a J�JGG111G 111JU1y, llll1Ja11111G111 VI VU1Gl 111GUA M GVl1UlUV1L JJ1G- GALJL1Ig aL ULU U11LG VI iiieiiiUGLJIIIpJ iii ULU O.VJLG1111 VIV ViucU UL411 JUG(1 vie-GxiJung cuLLuLdva dill . - --- 1_��- - -_1 -'Y - - - -J f --- - - - - -, -- —1 -------- - - - -- - -1 -- '���� -- 1W LG1aUV11J1LL LU a la LGl 111 Ul LLll aLL111GILL Ul VULGl 11LGULL:a1 L,VLLULUVLL 1- L1'_1__-1 L__ __ L_�_��'_7 ' -1_-__ XT—l_•-_ L_-_'- L_11 UG GJLQVLLJl1GLL Uy GV1L1iJGLGLIL JUUJlallllal GVlUG11l.G. -k-Auu ir, llGLG11l Jllali L_ GU J 1__UJ_ G a J•__L'1•�__ 11 .f_�_L __ 1__ ri_� UG consuu to Pi7C ,IU uiaauilily JJU1131V11 W a 1VLGI1LUG1 WILV, Q1 LGl 1llGlllUG1J1LL,J I ULU ay.SteaI, SullGib ail iilj Uly, iillEJaii illGllt Vl VULGl 1liGUll.61 WLLUILLUII U111GLG11L ll Vlll JV111G UU1G1 LL1JLLly, 1111iJaUILLGLLL, VI VULGl a- LeUil," wilUiUULL cxiatulg at vi IJiiui LV &Liu 11Lc1LiUG1JLUJJ. 5. Phvsical Examination Reauirement. A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and /or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be periodically re- examined by a qualified physician or physicians and /or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the 15 Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Firefighter, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Firefighter, and the Retiree so returned shall enjoy the same rights that he had at the time he was placed upon pension. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and /or re- examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a Firefighter, his service will be deemed to have been continuous, but the period beginning with the first month for which he received a disability retirement income payment and ending with the date he reentered the service of the City will not be considered as Credited Service for the purposes of the System. The Board shall have the power and authority to make the final decisions regarding all disability claims. 6. Disabilitv Pavments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board deter- mines such entitlement. However, the monthly retirement income shall be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later. W Provided, however, the disability Retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in Section 38 -60, subsection LA. or 1.B., which shall be the Actuarial Equivalent of the normal form of benefit. 7. Benefit Offie Workers' Compensation. When a Retiree is receiving a disability pension, r , - - -= -� � ��� �.,., acs uiiL uci.cii and workers' compensation benefits pursuant to Florida Statute Chapter 440, for the same dis- ability, and the total monthly benefits received from � uucc, kj') Soup cei .,oMULUu« both exceed one hundred percent (100%) of the Member's average monthly wage, as defined in Chapter 440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly amount received by the Retiree ILuait au uiuvc k -1) L.Ulnumc;d does not exceed one hundred percent (100 %) of such wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump sum amount by 83.9692. This subsection 7 shall only be applicable to the extent it does not violate the minimum requirements of Chapter 175, Florida Statutes, as amended from time to time. Notwithstanding the foregoing, in no event shall the disability pension benefit be reduced below the greater of forty -two percent (42 %) of Average Find Compensation or two percent (2 %) of Average Final Compensation times years of Credited Service. SECTION 6: That Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -60, Optional Forms of Benefits, is hereby amended to read as follows: Sec. 38-60. OPTIONAL FORMS OF BENEFITS. 1. In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a Member, upon written request to the Board, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: 17 A. A retirement income of a monthly amount payable to the Mcrnber ge it .P for his lifetime only. B. A retirement income of a modified monthly amount, payable to the Member Retiree during the lifetime of the Member Retiree and following the death of the Member Retiree, one hundred percent (100 %), sever five percent (75 %), sixty -six and two -thirds percent X66 2/3 %) or fLflX percent (50 %) of such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree's joint pensioner is his spouse, the present value of payments to the Retiree shall not be less than fifty percent (50 %) of the total present value of payments to the Retiree and his joint pensioner. C. If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of Retirement. The amounts payable shall be as recommended by the actuaries for the System, based upon the social security law in effect at the time of the Member's Retirement. 2. The Member, upon electing any option of this Section, will designate the joint pensioner (subsection I.B. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of the Member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary Beneficiaries where applicable. A Member may change his - Beneficiary at anv time. If a Member has elected an option with a joint pensioner or Beneficiary and Member's retirement income benefits have commenced, Member may thereafter change his designated Beneficiary at anytime, but may only change his joint pensioner if uic UGJigliaLGLL wail �JGLlJ1VlIG1 ailu uic ivicuiVC01 w�ic iiialliCU aL Uic iiii►c 0i M. IL 9- ---1- _ __1 _ Yl _ _ _ _ __ J J ' _ _ _ __ _ _ 1 ---1- _ _ _ _ _ _ _ . A- _ __ _ 1 1 _ _ 1 _ 1VIUUMUI J 1\GUIQUIUM QllU Q1G U1VUIGGU JUUJGIIUGIII UIG1GlU d11U ULU jUlllL �JGIIJ1UllG1 1J Q11VG at __ twice Subject to the restriction in the previous sentence. a Member u,c %ii► ►c v1 ulc �,ucul��. _ may substitute a new joint pensioner for a deceased joint pensioner. 3. The consent of a Member's or Retiree's joint pensioner or Beneficiary to any such change shall not be required. The rights of all previously - designated Beneficiaries to receive benefits under the System shall thereupon cease. 4. Upon change of a Retiree's Beneficiary ar joint pensioner in accordance with this Section, the amount of the retirement income payable to the Retiree shall be actuarially determined to take into account the age and sex of the former joint pensioner, the new joint pensioner and the Retiree and to ensure that the benefit paid is the Actuarial Equivalent of the present value of the Retiree's then- current benefit at the time of the change. Any such Retiree shall pay the actuarial recalculation expenses. Each request for a change will be made in writing on a form prepared by the Board and on completion will be filed with the Board. In the event that no designated Beneficiary survives the Retiree, such benefits as are payable in the event of the death of the Retiree subsequent to his Retirement shall be paid as provided in Section 38 -61. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: A. If a Member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 38 -57. B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the Member's Retirement under the System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Member upon his Retirement as if the election had not been made, unless a new election is made in accor- 19 dance with the provisions of this Section or a new Beneficiary is designated by the Member prior to his Retirement. C. If both the Retiree and the Beneficiary (or Beneficiaries) designated by Member or Retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 38 -61. D. If a Member continues beyond his normal retirement date pursuant to the provisions of Section 38 -56, subsection 1, and dies prior to his actual retirement and while an option made pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a Beneficiary (or Beneficiaries) designated by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his death occurred. 6. A Retiree may not change his retirement option after the date of cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the monthlv benefit amount is less than one hundred dollars ($100.00) or the total commuted value of the remaining monthly income payments to be paid do not exceed five thousand dollars ($5,000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the Board by the preceding sentence shall operate as a complete discharge of all obligations under the System with regard to such Member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. all SECTION 7: That Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -61, Beneficiaries, is hereby amended by amending subsection 2 and adding subsection 3, to read as follows: 2. If a deceased Member or Retiree failed to name a Beneficiary in the manner prescribed in subsection 1, or if the Beneficiary (or Beneficiaries) named by a deceased Member or Retiree predeceased the Member or Retiree, the death benefit, if any, which may be payable under the System with respect to such deceased Member or Retiree, shall be paid to the estate of the Member or Retiree and the Board, in its discretion, may direct that the commuted value of the remaining monthlv income benefits be naid in a lump sum. 3- Anv vavment made to anv person pursuant to this Section shall onerate as a complete discharge of all obligations under the Svstem with regard to the deceased Member and anv other persons with rights under the System and shall not be subject to review by anvone but shall be final. binding and conclusive on all versons ever interested hereunder. SECTION 8: That Chapter 38, Fire Prevention and Protection, Article H, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -63, Reports to Division of Retirement, is hereby amended to read as follows: Sec. 38 -63. REPORTS TO DIVISION OF RETIREMENT. Each year and no later than March 15th, the C11CUi1ILQll of u« Board shall file an Annual Report with the Division of Retirement containing the foltovvirtge documents and information reouired by Section 175.261, Florida Statutes. 1 IT rL_aL_ - r_— 1__ !�'�_ ,•_ - -_ ,_ 1__ rl�/_ -- -� -- 1'7f_ 1. 1r llvuLUj ul LaGL `UL, %.ily is JUL LViiL.PUaIIGG wiul ULV yivviaiuiia VJL %- ILayLGI 11a, 17V11Ua uta LU LGJ. •r -� -`- - ' ---- -� - r- -- -- -- -- r --- `t -- --- - -� ° -- -�. r- 1 --- -- r..1-_ 1 "* -- / -- 2. 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ULG GULIGILL A AAWL 1GaL. `` TC _�__ ___ _ 7___�_�__ 1__ 1__11 3. 11 ally UG1LG11LJ aLU LLLJULGU W1U1 a GV1lLL11G1l,.1a1111JU1a1R,G GV1l1�Jally, U1G vUpoiL JLLaIl _ Cat__ � 1_a_'� ____•1_1,___.1_• 11RaUL1G a JLaLGLIIGIII VI ULG LG1aLLVL1D1LL�/ Vl ULG LIJUIKU LJG11G11LJ LV ULG UG11G11LJ pIVVIUGU Uy Ul1J 1'�_�__ TL'_ 1__11 1__ C_______.'_� L___a d__ L__'_ f 7__ __ __ V1LLllla1LL.G. 1111) 1GfJU1L Jlfnft CUJV WlLUAL uatiu Iauvii QUVUL LLLG LLLJUIGI, UaJ1J VL jjIUjLLLUll1 laLGS, 111U1t -MLy Muir-- 1IlL -1GJL laLGJ LULU 1IIGUIVU UJGU JUL VCUULILr, LULLIULLLUIL1 UGI1G11W. 6. T1__ 1 1___a'_� C 1__ C'�_._a____ '1 -1 C__ ' C�__a'___ 10 C-I CI-- -1 111G CLGLUallal VaLUa LLULL VI LLLG JyJLGIII Cta PLUV LUGU IUI. JUL JGGLLVLL JO -JJ. JUL.LL /_ _a ___ 1_11 L_ 1 L__ ___ 11_1 _- a - - - - -- - - -1__ 11_� __�J__ C�__L a'4_ f, fT'd_ 1 VaIUQLLUII Jl Lall UG jVL-- CUUU Uy all GILLUUUU Ik LUCLLY W11V LJ GILLVLLGU UILUG1 VUULLLLG V VL 11LL4V,- J Cal__ T�___1 _____ Tl _a_- ______a T________ C�____ a__ A _a _C 1ll'TA -I _ _7__ ' L fat__ VI LLLG L:LLLIJIUy GG 1\Gt11G111G11L 111GUIILG 1JGGU11Ly t1GL Vl 17 /'t LULU WILD 1J It 111GL11UGl Vl ULG 0UGIGLy C A L_ A A 1______ f A VI C1l.IllQ1IGJ Vl. ULG hllLU-IiCall 114aUGl/ly VI r-M- LUCi11GJ. SECTION -: That Chapter 38, Fire Prevention and Protection, Article H, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -65, Board Attorney and Professionals, is hereby deleted in its entirety. 0_- 10 Lc T)fN A "T1 A TTITTATi7T7 A ATT\ T]Tl/1T�C1 C1T!\llT A T V Oleo. JO -VJ. 1)Vt11\lJ t11 1 Vl\1\1i1 1-111" 1 L 11G 1JVaLU play UULPIUy iLIUG1JGILLLG11L IU64U L+VUIIJGI aL LLLG JybLV LIL J GAIJGIIJG 1VI Ulm 1 L___'- —1- -- ___'at_ L 1____ �__C___'_�_1 1___'__1 1___ _1__'____ fJUI�IVJGJ tVLLLaUL- -U 1lGl Glll, LV6UUIGl W1UL JUGII VUIGI jjLVLGJJLVlla1, LULII 1LMICUI UL VUIGl aUVAaVII __ d__ T7_-_1 1____ -- -'--- ---____ CW UlG 1JVQlU UGG11lJ 1lGL.GJJaIy. SECTION 10: That Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, Sections 38 -66 through 38 -72, are renumbered as Sections 38 -65 through 38 -71, respectively. SECTION 11: That Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -66 (renumbered as 22 Section 38 -65), Maximum Pension, is hereby amended by amending subsection 9.B., to read as follows: B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from anofl= a different emplover's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 12: That Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -69 (renumbered as Section 38 -68), Repeal or Termination of System, is hereby amended by amending subsection 2, to read as follows: 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer. merger or consolidation of eovernment units, services or functions as provided in Chanter 121. Florida Statutes, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this ordinance who are designated by any of said Members. In the event of repeal, or if wi►iiiuuuvus to u« Sys _ _ _ -___ -J discontinuance of contributions. or transfer. merger or consolidation of 211G UIJCoi-jL HLUUU government units. services or functions, there shall be full vesting (100%) of benefits accrued to date of repeal and the assets of the System shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. SECTION 13: That Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -72, Conviction and Forfeiture; False, Misleading or Fraudulent Statements, is hereby added to read as follows: 23 Sec. 38 -72. CONVICTION AND FORFEITURE; FALSE, MISLEADING OR FRAUDULENT STATEMENTS. L It is unlawful for a person to willfully and knowingly make. or cause to be made or to assist. conspire with. or urge another to make. or cause to be made, any false, fraudulent or misleading oral or written statement or withhold or conceal material information to obtain any benefit from the System. 2, A person who violates subsection 1 commits a misdemeanor of the first degree. punishable as provided in Section 775.082 or Section 775.083, Florida Statutes, 3- In addition to anv applicable criminal penalty. upon conviction for a violation described in subsection 1. a Member or Beneficiary of the System may, in the discretion of the Board. be reauired to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under the Svstem. For purposes of this subsection. "conviction" means a determination of Built that is the result of a plea or trial, regardless of whether adjudication is withheld. SECTION 14: That Chapter 38, Fire Prevention and Protection, Article H, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -76, Prior Firefighter Service, is hereby amended by amending subsection 5, to read as follows: 5. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other municipal or special district fire department, if such prior service forms or will form the basis of a retirement benefit or pension from another retirement system or plan as set forth in Section 38 -66 51, 9.B. SECTION 15: That Chapter 38, Fire Prevention and Protection, Article II, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -78, Separation from Employment for Military Service, is hereby deleted in its entirety. 0 'SO PTO CT " A " A Tir1LT T" fN1L f T11L K"Y /-%1VT1L X'W11L1Rf1 TTl17 L R'1T TiI A "'V T OGI.JO -1O 1'1L1J1V1"Vli C�T7lt7T!'R.�- AJ "11VKI'll\11'lJl\1V1u.1,Rtl1L1 ►7111 \V14-17, _ r___�__�_1 r__ =_ -_ 1__� L,f____L_- 1__ 1. ThG yca1J VL 11 aL LLVlla1 pJa1W Vl yGa1J UIaL a LV1G111VG1. 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Tl _ T'_ f'_1_a_- J L_ T /__a 1__ 11 A'____L 111G 111GI16llIGl UUpVJ1LD 111L) ULU 1'UHU ULU JQ111G JLILLI Ulal UL 1VLGLLIUoI 'f L_ J____'__ 1_•_ WVULU 11aVG G U VL1UlULGU 11 ILU llaU 1G111a111GLL a 1'11G1 1 1r11LG UULii1r, Lua a sc,ac'G. L1IG JL-n UL1g1ILG1 ILLUJl UG1JVJ1i au ILLLJJGU GVl1lL1JUUV1LJ WlUllll a jJGL1VU GLjUat UJ A---- UUU `JJ Uii11GJ A- 1G jJG11VU VL ILLiuLaiy JGi Vil Gt UUL LIM illviG Mall 11VG `J) yGa10 VL HU- W1111V11GiL ULU llrLLl LV LGl,G1VG �.l GLL1lGU SGi Vll,-- 1V1 Ilia H1111laly JGl vl\,G FULJUaUL LV UUb JGGUVIL. �ry J., r_._ ___'1'�__ —_ 1_•_ C�__a'___ 1__11 L_ C. Thu 1LlaalllllUlll GLGLLII L Vl ILWILa1y JGl VU,� jJU1JUalLL LV UUJ JGGUVIL JLLQil Uv five (5) years. 7l T -- ]--- ''C - f--- '-- '---- r ^----''a-'' �-- '-'- lJ. ILL VLUGl LU LjUallly LVL ULG jJULWlCLJG vl l.1GUiL.GU JGL V1GG Fulauant, LV UIlJ [, __a'_� T•__ JGLUVIIt ULU l LLG11gLLL J. IILUJL lldVG UGGII LL1JL,ILaIgUU VI LGIGQJGU 11Vill SGl V1GG UILUGl 1LV1LV1aU1G GVltUlUVLIJ. L'. 11LLJ JGGUVIL 1J 11LaLG11UGU LV 111GGL VI JQUJIy UlU HiLLUILLUIII 1GljUUGllLQl 1l----t - -- ,- -- - -��_ ' 1__ T -_ --1 1__ 1 - -` 1 -- ld --- -t- 1J. 111G lVlGlllVG1 LLGIJVJIW 1111V ULG 1'ULLU LLLG JQ11lG JUlll ULaL UL- 1V1G11LL e1 1J 1_ 'L_ -- -1 !rL- L_-1 T'___r7_L— WVU _U 1IQVG GV11LL1VLLLGl u 1lG 1laLL 1GlIIQllIGLL a 1'11G11�IILG1, 1JLUJ all Q11lVUl ►l. r'-`----- `4-- `--- t-- `--- .'- 11-- - -- - -- t---- ---- - -` - -` -fit- t - -'T- 61111LG1GJ1 Ulal JUVJlaLLUally ap1jLvKUH4 LGJ UL-- a1IlUULIL UUILGLL Uy L11G 1'UUIl r - - --- t- - -1 -` - r L t - - -- - - - t-- -1 -`- r _t - - - 11V111 ULG U Uv- Vl 1GLU11L V G111171Vy111G1R lV ULG UaIG V1 U-- FVJll. !-1 TL_ r -- - _'/_.._ —_ __�_ __ 1__11 L_ r7___ /C\ l., 1L1G Llla -ULLUl11 %,kUU1L 1V1 LLLLUlaly JGl V1l.G Jllall VG 11VG lJ) yGa1J. SECTION 16: That Chapter 38, Fire Prevention and Protection, Article 11, Fire Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -79 is renumbered as Section 38 -78. SECTION 17: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Palm Beach Gardens. SECTION 18: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 19: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 20: That this Ordinance shall become effective retroactively to December 31, 1999. PASSED ON FIRST READING, this PASSED ON SECOND READING, this PASSED AND ADOPTED THIS THE MAYOR JOSEPH RUSSO VICE MAYOR LAUREN FURTADO 26 day of day of , day of COUNCILMAN ERIC JABLIN COUNCTI MAN CARL SABATELLO COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, SUFFICIENCY CITY CLERK WA ITERSON, HYLAND & KLETT, P.A. VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCIT MAN JABLIN COUNCILMAN SABATELLO COUNCILMAN CLARK bm\pbg \fine \02- 10- OO.ocd. 27 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: Subject/Agenda Item Resolution 10, 2000 — Appointments to a Charter Review Committee Recommendation /Motion: Staff recommends approval of Resolution 10, 2000, appointing 7 members to Charter Review Committee. Reviewed byl City Attorney_ . Originating Dept: Administration Costs: $ Total Council Action: ( ]Approved Finance ACM. - Current FY ( ] Approved « ..,,v;,., ( ]Denied_ Human Res. Other Advertised: NA Funding Source: ( ] Continued to: Date: ( ] Operating Attachments: Paper. O Not Required ( ] Other 1 Submitted by. _ Linda V. Kosie Affected parties ( ] Notified Budget Acct. #:: ( ] None Approved by. ( 1 Not required BACKGROUND: Section 22 -1 of the City's Charter requires the Charter to be reviewed when deemed necessary by the City Council, but not less frequently than every 5 years. The last review of the City's Charter began in 1993. The Committee made recommendations, which went to the electors of the City in March, 1994. The recommended amendments to the Charter were successfully approved and incorporated into the City Charter. Five years has expired since the last Charter review. May 18, 1993 May 25, 1993 May 27, 1993 RESOLUTION 57, 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A CHARTER REVIEW COMMITTEE AND APPOINTING PERSONS AS MEMBERS THEREOF; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council is of the opinion that certain requirements contained in the City charter are not applicable to current operation of government, and WHEREAS, in particular, the current requirements for Special Elections to fill vacancies on the City Council creates great expense of time and money as well as efficiency in operation of government, and requires review for improvement, together with requirement of more flexibility in the public bidding process, and WHEREAS, in addition thereto the City Council desires review of the entire charter contemplating efficient procedures of governmental operations in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section I. The City Council hereby creates a Charter Review committee to be comprised of seven (7) persons. The direction of said committee shall be review of the existing charter and recommendations to the City Council on specific charter changes for a more effective and efficient City government. Section 2. The Committee shall meet within ten (lo) days from date hereof, and elect a chairperson and vice chairperson, and conduct as many meetings as the committee deems necessary; and, shall receive information and testimony from all interested persons. Four (4) committee members shall constitute a quorum. An interim report shall be furnished to the City Council within four (4) months of date hereof and a final report shall be furnished within seven (7) months of date hereof. The committee shall automatically be dissolved thirty (30) days from date said final report is submitted unless the time period is extended by subsequent resolutions of the City Council. Section 3_ The following named persons are hereby appointed to the Charter Review Committee: 1. Lynn Hawkins 2. Steve Mathison 3. Gary Fields 4. Tom Baird S. Lee Evett or the City Manager's Association representative 6. Eckhard Bennewitz 7. Linda Kosier, staff Section 4. The City Manager shall provide space for committee meetings and shall provide information and documents upon request. Section 5. This Resolution shall be effective upon date of passage. �% INTRODUCED, PASSED AND ADOPTED THIS THE k* DAY OF JUNE, 1993. ATTEST: SIN A V. KOSIER, CITY CLERK �OSEPj�R( RU SO, MAYOR 1 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR MONROE ✓ COUNCILMAN JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK NFL, rg^Tl` aG Y At`10 RESOLUTION 10, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING MEMBERS TO THE CHARTER REVIEW COMMITTEE; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 22 -I of the City of Palm Beach Gardens Code of Ordinances, entitled "Charter review" provides that the City Charter shall be reviewed; and WHEREAS, it is the desire of the City Council to appoint members to a Charter Review Committee for the purpose of reviewing the City's Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby creates a Charter Review Committee to be comprised of seven (7) members. SECTION 2. The direction of said Committee shall be to conduct a review of the existing charter and provide recommendations to the City Council on specific charter changes, if any, for a more effective and efficient City government. SECTION 3. The Committee shall meet within ten (10) days from the date of approval of this Resolution and elect a chair and vice chair, and conduct as many meetings as the committee deems necessary. Said committee shall receive information and testimony from all interested persons. Four (4) committee members shall constitute a quorum. An interim report shall be furnished to the City Council within four (4) months of the date hereof and a final report shall be furnished within seven (7) months from the approval date of this Resolution. The Committee shall automatically be dissolved thirty (30) days from the date of the final report unless the time period is extended by subsequent resolution of the City Council. SECTION 4. The following individuals are hereby appointed to the Charter Review Committee: SECTION 5. The City Manager shall provide space for committee meetings and shall provide information and documents upon request_ SECTION G_ This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE D Z BR ARY, 2000. i �-�> bR JOUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO APPROVED AS TO FORM AND LEGAL SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT City Council Meeting April 6, 2000 Petition: DRI -99 -02 & PCD -99 -05 .. ... ....... . - -_ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: ARril 6, 2000 Subject/Agenda Item: Resolution 25, 2000: Consideration of an Amendment to the Regional Center Development of Regional Impact and Planned Community District (Conversion of Office /Research to Commercial Use) Recommendation /Motion: Staff recommends annroval of Resolution 25. 2000. Reviewed by: Originating Dept.: Costs: $_0 Council Action: Total City Attorney Planning Div. [ 1 Approved Other N/A $ 0 [ ] Approved wic«wuons Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating June 2, 1999 - NOPC staff report [ ] Other N/A location map revised DRI /PCD Master Plan (Exhibit H) Paper: 4f)(f-> Palm Beach Post [ ] Not Required Submitted by: T/7) Growt ire Affected parties [ x 1 Notified: Budget Acct. #: [ ] None Approved by. surrounding property owners City Manager [ ] Not required I. BACKGROUND The City Council considered the Notice of Proposed Change on November 18th and determined that the proposal does not constitute a substantial deviation to the Regional Center Development of Regional Impact. 1 4'. City Council Meeting April 6, 2000 Petition: DRI -99 -02 & PCD -99 -05 - 11 i i 1 ._ 11 r I iii _ r II r- 1 i -i.. REQUEST Hank Skokowski, agent for Mall Properties, Ltd, is requesting an amendment to the Regional Center Development of Regional Impact Development Order (and PCD) to convert approved office use to commercial use. The project is located north of PGA Boulevard, east of Alternate AIA, and west of Prosperity Farms Road. (5, 6- 42S -43E) III. PROPOSED CHANGE The petitioner has acquired vacant parcels as a result of the Foundation land sales and desires to construct/locate additional commercial uses within the project. Currently, the Gardens Mall has utilized the entire 1,390,000 s.f. of commercial use approved by the development order. The applicant is proposing to convert 164,800 s.f. of approved office /research use to 50,000 s.f. of commercial use, thereby increasing the total amount of regional commercial use within the project from 1,390,000 to 1,440,000 s.f. and reducing the total amount of office /research use from 400,000 to 235,200 s.f. Further, the master plan is being revised to depict the specific parcels which may be considered for commercial use. These parcels are generally located along the PGA Boulevard corridor. The applicant is also clarifying the master plan by denoting the approved neighborhood commercial and cultural arts uses within the tabular data. IV. STAFF CONSIDERATIONS The proposed change was presumed to constitute a substantial deviation to the DRI. The applicant has effectively rebutted this presumption through a traffic analysis that demonstrates that the simultaneous increase and decrease in approved uses is equivalent (from a traffic impact perspective). FDOT, DCA, and TCRPC concur with the City's findings of equivalency and no new or additional regional impact. `a{ Staff is concerned that new commercial uses will change the character of the Regional Center. The City made an effort over the years to keep the project from becoming similar to other malls in the area which are lined with outparcels containing restaurants and "big box" or discount retailers. While the provisions of the PGA Overlay will apply, this amendment to the DRI makes the code applicable to the project, staff is not confident that those provision alone will maintain the integrity of the Regional Center project and keep it consistent with the City's vision for PGA Boulevard. V. RECOMMENDATION Staff had recommended that the proposal be determined not to constitute a substantial deviation to the development of regional impact; and recommends approval of the amendment with the addition of two new conditions to the development order: X All utility lines, adjacent and /or internal to this Planned Community District, shall be located or Pa City Council Meeting April 6, 2000 Petition: DRI -99 -02 & PCD -99 -05 1 ...__. 11 1..1 1 _..I __.... __.II..I I..........rl 1 _..I I 11 1..... _.._ I,I..r..,_1..1. ... _.�_�. .._.. ........__.... relocated underground. X Maintenance of adjacent public roadway landscaping such as PGA Boulevard, Alternate AlA, Prosperity Farms Road, and all internal roadways shall be the responsibility of the Master Property Owners Association, until other provisions for maintenance are established by the City. Staff's recommendation for approval is based upon the following considerations: The subject area where the commercial could be applied is already designated for "retail/office/hotel" use on the DR /PCD master plan. Therefore, since the DRI's proposal in 1984 these parcels were contemplated for commercial use. The Regional Center was planned as a "mixed use" project. Allowing more commercial use, other than the mall, would provide opportunities for limited commercial uses, which are complimentary to the office and hotel uses, to be located immediately adjacent to (within walking distance) these At its February 22, 2000 meeting, the Planning & Zoning Commission recommended approval (6 -0 vote) of the amendment to the DRI/PCD master plan. Staff recommends approval of Resolution 25, 2000. 3 DRI -99 -02 / PCD -99 -05 REGIONAL CENTER DRVPCD a N O O O O a 0 C4 O N 10 O N (O aD O •- O N r O O M V1 N N dl W D G! N ° m CD of m N C p o a ao CL I' w ¢ O_ a uia w m y O w� a S m w o �. D� p o F rc� 'a r°- F- � U� a F o —f �� s. ac°i a O y a; °aN �N f E o W cc cc E U f7 z�ii O-7 o'N Ea V U tur�.p yg O F- w Q ofD aw <Y ar o> X m w cc x U m �iU w O cc y Ua 00 im m �m O Q Q ZUOj ` C 1 A it M51 W z 0)- p N O S m 0 eo 0 Wa �a LL N Z (� w Ix J Q = z a111 1.1 m W (� a ash; x ,_t� ul ni N w fit «c i3i$iq ix f ; �a sill �4i Igo i t April 6, 2000 RESOLUTION 25, 2000 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, 'THE CONSOLIDATED, AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT AND PLANNED COMMUNITY DISTRICT; PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO CONVERT OFFICE/RESEARCH TO COMMERCIAL USE, TO CLARIFY THE SQUARE FOOTAGE FOR NEIGHBORHOOD COMMERCIAL AND COMMUNITY USE, AND TO ADD TWO NEW CONDITIONS TO THE DEVELOPMENT ORDER; PROVIDING FOR IMMEDIATE TRANSMITTAL OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, COMMUNITIES FINANCE COMPANY, A WHOLLY OWNED SUBSIDIARY OF WATERMARK COMMUNTIES, INC., AND MALL PROPERTIES, LTD.; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted a consolidated and amended Development Order for the Regional Center Development of Regional Impact ( "DRP') and Planned Community District ( "PCD ") via Resolution 96, 1999; and WHEREAS, the City Council has received an application from Mall Properties, Ltd. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed Master Development Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to '..', this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: • these proposed amendments and additions to the PCD, Development Order and Master Development Plan are consistent with the Comprehensive Plan of the State of Florida; • these proposed amendments to the Development Order and the Master Development Plan do not constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review; and Resolution 25, 2000 Page 1 The Regional Center DRI /PCD Development Order The amendment and additions to the PCD, Development Order and the Master Development Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. AMENDED PCD and DRI DEVELOPMENT ORDER. A. The Development Order for the Regional Center Development of Regional Impact, as defined in Section 380.06, Florida Statutes, and Planned Community District is hereby amended to add two new local conditions as follows: 46. All utility lines, adjacent and /or internal to this Planned Community District, shall be located or relocated underground. 47. Maintenance of adjacent public roadway landscaping such as PGA Boulevard, Alternate AIA, Prosperity Farms Road, and all internal roadways shall be the responsibility of the Master Property Owners Association, until other provisions for maintenance are established by the City. B. All other provisions of Resolution 96, 1999 remain in full force and effect to the extent not expressly modified herein. SECTION 2. REVISED MASTER DEVELOPMENT PLAN. A. The revised Master Development Plan contained in the City's Planning & Zoning Division ;� , :.��. .. fi.l. files is adopted as the official Master Development Plan for the Regional Center: ;:r December 22, 1999 Exhibit H - The Regional Center, Urban Design Studio, 1 Sheet. B. The Master Development Plan is specifically revised to convert 164,800 square feet of _±► business/research to 50,000 square feet of regional commercial use. Parcels 27.05 and 27.06,;_+ are illustrated with a " *" which denotes that the new commercial use may be utilized on;,,: n t those parcels. A revision to the schedule of maximum floor space on the Master : -i1f Development Plan has been made to show the use conversion, as well as to clarify the'.`- approved neighborhood commercial and community uses. Resolution 25, 2000 Page 2 The Regional Center DRI /PCD Development Order SECTION 3. TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, COMMUNITIES FINANCE COMPANY, A DELEWARE CORPORATION AND A WHOLLY OWNED SUBSIDIARY OF WATERMARK COMMUNTIES, INC., A DELAWARE CORPORATION AND MALL PROPERTIES, LTD. Certified copies of this Development Order shall be transmitted immediately by certified mail to Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, Communities Finance Company, a Delaware corporation and a wholly owned subsidiary of Watermark Communities, Inc., a Delaware corporation, and Mall Properties, Ltd. SECTION 4. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS DAY OF ATTEST: LINDA V. KOSIER, CMC, CITY CLERK ffim MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY Resolution 25, 2000 Page 3 The Regional Center DRI /PCD Development Order VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO Resolution 25, 2000 Page 4 C City Council Meeting April 6, 2000 Petition SP -99 -05 .__..... _ _. _f _.T I I I I'IIH 1 __.. 1..1 fill _.I I __.I I _. .i„ I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 6 2000 Date Prepared: March 13, 2000 Subject/Agenda Item: Petition SP- 99 -05, application for site plan approval of a multi -use development consisting of approximately 179,070 square feet of retail, office, and hotel uses. The subject site comprises two parcels within the Regional Center DRI. The request is being made by Urban Design Studio, agent, on behalf of the applicant, Mall Properties Limited, for parcels 27.05 and 27.06 located along PGA Blvd. North of Palm Beach Community College. (5- 43E -42S) Recommendation/Motion: Staff recommends Denial of Resolution 26, 2000. Reviewed by �� �_tt---- Originating Dept.: Costs: $_To0 tal Council Action: City Attomeyj� V Growth Management [ ] Approved Finance N/A Department J0 ( ]Approved w/ conditions ACM Current FY ( ] Denied Human Res. N/A Advertised: Funding Source: [ ] Continued to: Other N/A Date: N/A [ ] Operating Attachments: Paper: N/A [ ] Other N/A • Resolution 26 • Site Plan • Exhibit A [ )Not Required • Waiver Justification S ' ed b • 03 a6 OD a e Q Affected parties Budget Acct.#:: e [ X ] Notified [ ] None Approved by: City Manager [ ] Not required 1 City Council Meeting April 6, 2000 Petition SP -99 -05 in i i i n� i �iinnuiiiiin i �, � i m'nn i__ r i iii i ni ii � i r 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Petition SP- 99 -05: Parcels 27.05 and 27.06 Regional Center DRI i z 2 City Council Meeting April 6, 2000 Petition SP -99 -05 Meeting Date: April 6, 2000 A request by Urban Design Studio, agent, for site plan approval of a multi -use development consisting of three land uses (retail, office, and hotel) with a total floor area of 179,070 square feet in six buildings. The 16.19 -acre site is located within the Regional Center Development of Regional Impact (DRI). The project consists of two lots divided by Minsk Gardens Avenue. (05- 42S -43E) I. REQUEST: The applicant requests site plan approval of a 179,070 square foot multi -use development located on a 16.19 acre site within the Regional Center DRI. The site fronts on PGA Boulevard and lies south and west of the Meadows Mobile Home Trailer Park. The approved land use designation of the subject site on the Master Plan of Development/Map H is Retail/Office/Hotel. II. BACKGROUND: The proposed development is located within the Regional Center PCD. The adjacent land to the north and east of the site is designated Residential Mobile Home, to the west Retail/Office/Hotel (vacant), and to the south Public uses, including Palm Beach Community College. On February 16, 1984, City Council approved the Development Order of the Regional Center DRI by Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of Retail, Office, Hotel, Residential, Open Space, and Community Use. The Development Order has been previously amended four times. It currently permits the development of 1,390,000 square feet of Retail, 1,210,000 square feet of Office (business), 400,000 square feet of Research, 510,000 square feet of Hotel, and 1,600 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most recent Notice of Proposed Change (NOPC) to the Development Order of the Regional Center DRI was approved on August 5, 1999, by Resolution 96, 1999. Currently there are two pending NOPCs to the Development Order of the Regional Center DRI. One of these (the conversion of office to commercial use) is needed for this petition. The other NOPC is for reconfiguration of the water management tract to maintain the oak preserve on site, designate the oak hammock portion of the site as a preserve, relocate and privatize internal roadways, and convert approximately 9.3 acres of Office/Hotel/Community Use to Multi - family /Office /Community Use. A. Project Details: The applicant is proposing a 179,070 square foot multi -use development on a 16.19 acre site located within the Regional Center DRI, along PGA Blvd. 3 City Council Meeting April 6, 2000 Petition SP -99 -05 The proposed development is projected to be completed within one phase of development and consists of two retail buildings each with a 25,000 square foot floor area, two office buildings with 24,500 square feet each, one bank building with 3,420 square feet of floor area, and a three story hotel building (118 rooms) with a 76,650 square -foot floor area. Access to the site will be from Minsk Gardens Avenue, which intersects with PGA Blvd. and continues into the Regional Center DRI to intersect with Kew Gardens Avenue. The setback of the closest building to the roadway fronting on PGA Blvd. is 55 feet, which is in compliance with the special setback requirement established for PGA Blvd. The parking stall dimensions for the hotel are proposed to be 9'X18.5." However, a site plan with 10'X18.5' spaces, with adequate number of parking spaces has been provided to staff. The applicant is requesting waivers from the minimum size of parking spaces for the hotel and the minimum number of loading spaces requirements allowed by the Code for the hotel and the two office buildings. B. Land Use and Zoning: The master plan of development designation of the subject site is Retail/Office/Hotel. The following tables illustrate the adjacent uses, land use designations, and zoning districts: ZONING CLASSIFICATIONS, LAND USE DESIGNATIONS, & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject Property Planned Community District Retail/Office/Hotel Vacant PCD North Residential Mobile Home (RMH) MH Meadows Mobile Home Park South Public/Institutional (P/1) Public (P) Palm Beach Community College West Planned Community District Retail/Office/Hotel Vacant CD East Residential Mobile Home (RMH) MH Meadows Mobile Home Park 4 City Council Meeting April 6, 2000 Petition SP -99 -05 CONSISTENCY WITH CODE Consistent Code Require ent Proposed Plan Yes PCD- Planned Community District Retail/Office/Hotel Yes Lot Coverage- 35% 17% Yes Parking- 517 spaces 562 spaces No * Loading spaces- 12 5 spaces No* Parking stall dimensions 10'X18.5' 9'X18.5' (for hotel only) No PGA Blvd. Corridor Overlay and Pattern Book: design guidelines Architecture of project does not meet most of the Corridor Overlay and Pattern Book design gu idelines SETBACKS Yes Front: 55' 55' Yes Side: 15' 15' Yes Rear: 15' 75' Yes Building height: 36' 34.5' Yes Open space: 28% 37% * Waivers Requested C. Requested Waivers: The applicant is requesting three waivers from the Land Development Regulations (LDRs) including a waiver from the code requiring 10'X18.5' parking spaces for the hotel use. The proposed width of the parking spaces for the hotel is 9'X18.5'. The petitioners' justification for the wavier is that hotel use has a lower parking turn-over than that generated by a commercial use. Petitioner has submitted an alternative plan with 10' wide spaces, as required. The second request is a wavier from the LDRs requiring the provision of two and three loading spaces for 10,000 up to and including 50,000 square feet of gross floor area, and 50,000 up to and including 100,000 square feet, respectively. The Code requires the applicant to provide a total of 12 loading spaces, based on the proposed square footage of each of the uses within the development. The applicant has proposed the provision of only five loading spaces. As a justification, the petitioner has proposed providing larger loading spaces than the required 12'X35'. The proposed loading spaces consist of one 21'X56' loading space for retail 1 and one 15'X70' loading space for retail 2, and the remaining loading areas are based on the standard code requirement size which is 12'X35'. The Third requested waiver is to allow the use of specialty pavers for the purpose of defining important pedestrian crossings and entryways on site. III. ISSUES AND CONCERNS: A. Potential Future Land Subdivision: The applicant has indicated that the subject site may be subdivided into several parcels in the future. 5 City Council Meeting Petition SP -99 -05 Staff and the petitioner have held several articulated by the City as well as possible petitioner were taken into consideration. April 6, 2000 meetings to address this issue. Concerns legal and financial issues presented by the A solution has been found in which there will be unity of control over the entire development and the subdivision of parcels within the site will be based on metes and bounds. Staff, the City Engineer, and the applicant agree that this solution is satisfactory to all. However, new language needs to be incorporated into the City Code before such subdivision can take place. B. Consistency with PGA Blvd. Corridor Overlay: The primary objective of the PGA Corridor is to encourage development or redevelopment of the highest quality possible along the Corridor because it is the City's "Main Street." For these reasons, the Corridor is of special interest to the City. Several implementation tools have been developed within the Code to ensure that a special identity for the corridor is created and maintained. Such tools include extensive landscaping requirements, pedestrian walkways, bikeways, buffers, setbacks, limited land uses, and planning and design as well as architectural guidelines. The applicant has met site and landscape standards and requirements of the Overlay. However, staff believes that Overlay design guidelines, as they pertain to proposed structures on site, have not been met. The architectural guidelines include the requirement that "all elevations must be treated equally as if all sides were the front of the building." The design elements should include comparable facade treatment and landscaping on every elevation of each building. The elevations of the proposed structures on site have not all been treated equally. Nearly all the east and west elevations of each building lack adequate architectural details, specifically retail buildings 1 and 2. Both staff and Site Plan and Appearance Review Committee (Committee) members have expressed concerns regarding the design of the hotel. This is due to the building's extensive horizontal mass and lack of adequate architectural embellishments on all four sides of the structure. Several modifications to the building have been made. Most of the changes, however, have been minor relative to the comments made by Committee members regarding the architecture of the hotel. Staff believes the architectural changes made to the hotel do not sufficiently alter the appearance of the hotel. Although the use of projecting elements, such as canopies and overhangs, may be used to break the massing, in this case the horizontal mass is so extensive that the few projecting elements used on the building appear to be ineffective. In total, the design of the proposed buildings is mostly inconsistent with the intent of the design and architectural guidelines of the PGA Blvd. Corridor Overlay. Staff has reviewed this project's architecture with the applicant and suggested changes, which would address P & Z staff's concerns. Staff has also suggested that the petitioner 6 City Council Meeting April 6, 2000 Petition SP -99A5 III _.I I Ill I I I I__I __.......I .. 1 1 .. 1 ... I 1 1 1 - 11 1 1 1 .........11 I 1 I ,.a. review the minutes of the Committee meetings to study the Committee's critiques and suggestions. As of the preparation of this report, the petitioner has indicated that he would like to get additional input from City Council prior to making additional design changes. The architectural changes requested by the Committee are reflected in condition of approval number 10. Furthermore, the Committee requested that a berm along PGA Blvd. be extended to and throughout Minsk Gardens Ave. C. Consistency with the Pattern Book: Although the Pattern Book is currently under development, the draft guidelines have existed since October of 1999. The intent of the Pattern Book is to provide a set of design guidelines for non - residential development to create and maintain high standards of design quality and to establish a unique and attractive identity for the City. The proposed plan of development is generally consistent with the design guidelines established for site and landscape plans within the Pattern Book. However, it is inconsistent with the design guidelines established for structures. The guidelines call for significant emphasis on building entries. Little emphasis has been placed on major entries of each proposed building. The most common feature used for major entries, nearly in all cases, has been the use of covered entryways. These entryways have no significant architectural details. The Pattern Book also emphasizes that architectural treatment should be pursued on all four sides of a building equally. Equal emphasis on all four sides of each proposed building has not been reflected on the elevations submitted by the applicant. Most notably, the east and west elevations of nearly every building on site has been relegated into secondary status. The south elevation of office building 2, the north elevation of office building 1, and the west elevation of the hotel building demonstrate the lack of equal treatment of all elevations. One additional design standard which the proposed plan of development has not met is that building facades /elevations must utilize a 5 -foot minimum horizontal articulation. Most of the proposed elevations do not meet this standard. D. Consistency with the City Center Linkages Plan & the Strategic Plan: The City's "Our Vision- A Strategic Plan" calls for creating linkages in the City through the installation and expansion of the Parkway System within the City. The plan also calls for identifying sidewalks /pathway needs, requiring new development to provide for future pedestrian and bicycle access, and implementation of future conceptual linkage plans. The "City Center Linkages" plan also reflects a potential future pedestrian/bicycle facility along the eastern edge of the proposed site of development along the boarder line of the site and the Meadows Mobile Home Park. The applicant has agreed to grant the City an easement to facilitate the implementation of the City Center Linkages plan. The applicant has also reflected the easement on the proposed site plan of development. Therefore, the subject development is consistent with the above referenced City plans. 7 City Council Meeting April 6, 2000 Petition SP -99A5 E. Construction of Minsk Gardens Avenue: The subject site of development is divided into two adjoining parcels by an undeveloped roadway designated on the site plan as Minsk Gardens Avenue. The City has asked that the applicant develop the subject roadway prior to granting approval for the development, The applicant has submitted a plat to the City for the construction of Minsk Gardens Avenue. F. Signage: The applicant will submit a comprehensive signage program for P & Z Commission and City Council approval in a subsequent petition(s). G. Documents Requested by Staff. The applicant has not provided staff with documentation of approval from the Regional Center Development Review Board. IV. SITE PLAN AND APPEARANCE REVIEW COMMITTEE, RECOMMENDATION• The Committee had expressed concerns regarding the overall architecture of the proposed individual buildings on site. Throughout the three previous workshops held to discuss this petition, the members requested major changes to the architecture of the individual structures and requested that more architectural details and embellishments were needed. The overall sentiment was that the architecture was conventional and void of meaningful articulation along expansive elevations, reasonable horizontal massing and equal treatment and emphasis placed on all elevations. The architecture did not express the high standard expected by Committee members of a visible development such as this along the City's most important arterial, PGA Boulevard. Most of the concern though, was expressed with regard to the architecture of the hotel. Its horizontal massing, conventional design, and lack of architectural embellishments made it visibly out of harmony with the rest of the structures on site. During the last workshop the Committee members recommended approval of the proposed development, but made no recommendation with respect to the hotel. They also requested deleting and modifying a few conditions of approval. The members voted as follows: • Unanimously recommended approval of the site plan; • Voted five to one recommending approval of the two retail buildings and the bank; • Voted four to two recommending approval of the two office buildings; • Voted three to three for and against recommending approval of the hotel building. Therefore, no recommendation with respect to the hotel was made. 8 City Council Meeting April 6, 2000 Petition SP -99 -05 III IIIIiLL V. STAFF RECOMMENDATIONS: A. Staff recommends denial of Petition SP- 99 -05. Staff's recommendation is based on the inconsistency of this petition with the intent and standards of the PGA Blvd. Corridor Overlay and the principles and guidelines of the Pattern Book as they relate to architectural design. For specific details and supporting examples, please see pages 5 through 8. However, should Council choose to approve this petition, staff recommends that the approval be subject to the following conditions: 1. Prior to final site plan approval by City Council, the applicant shall revise the architectural design of the proposed development to reflect the requirements of the PGA Corridor overlay and the Pattern Book pertaining to building design guidelines (Planning and Zoning); 2. Prior to issuance of the certificate of occupancy, Minsk Gardens Blvd. shall be constructed by the applicant and open to the public between PGA and Kew Gardens Avenue (Planning and Zoning, City Engineer); 3. This approval does not include approval for outdoor seating with service at any future restaurant (Planning and Zoning); 4. All signs must be in the form of individual letters and not boxes (Planning and Zoning); 5. The eastern 35 -foot easement depicted on the site plan shall provide for a minimum ten -foot wide unobstructed pedestrian access for the purposes of implementing the City Center Linkages plan (Planning and Zoning); 6. The petitioner must place the powerline along PGA Boulevard underground similar to the rest of the Regional Center road frontage. If landscaping or existing native vegetation were to be removed or could not be installed per the approved plans due to utility work or easement restrictions, the City Forester and the Landscape Architect of Record should revise the plan of development to the extent that the original intent of the approved plan is realized (City Forester); 7. The petitioner is responsible for the maintenance of PGA Boulevard and Minsk gardens Avenue landscaping and irrigation abutting the subject property, if for any reason the Regional Center Owners Association terminates its maintenance of said areas. Said maintenance shall comply with landscape maintenance standards recommended by the City of Palm Beach Gardens and shall commence upon installation of landscape materials (City Forester); 9 City Council Meeting April 6, 2000 Petition SP -99 -05 8. All of the 55 -foot wide PGA Boulevard landscape buffer and the 35 -foot wide PCD landscape buffer areas shall be platted as open space landscape easements for buffering and landscape purposes (City Forester); 9. No medical or dental office or use shall be allowed on the subject site (Planning and Zoning); 10. The applicant must revise the necessary plans /renderings to demonstrate that all arches are consistent with one another and that the coigns above arches on all elevations are made radial in appearance as requested by Committee members (Planning and Zoning); 11. No Building Permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 19 has received final approval from the City of Palm Beach Gardens and all other applicable governments and / or agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) B. Staff recommends approval of the three requested waivers by the applicant. The justifications for the requested waivers are summarized on page 5 of this report. The waivers consist of the following: • A waiver to allow the use of specialty pavers on site; • A waiver to provide only five loading spaces instead of the twelve required by Code, based on the total square footage proposed to be developed; • A waiver to reduce the dimensions of the parking stalls for the hotel from 10 X 18.5 to 9 X 18.5 feet. G:Talal/SP -99- 05.4 -st 1 10 RESOLUTION 26, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A MASTER SITE PLAN OF DEVELOPMENT FOR A MULTI -USE PROJECT CONSISTING OF A BANK (3,420 SQUARE FEET), HOTEL (76,650 SQUARE FEET), TWO OFFICE BUILDINGS (49,000 SQUARE FEET) AND TWO RETAIL BUILIDNGS (50,000 SQUARE FEET) ALONG PGA BLVD. WITHIN THE REGIONAL CENTER DRI AND PCD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from the Mall Properties, Limited, to approve a master site plan for the construction of a multi -use development consisting of a bank with 3,420 square feet, hotel with 76,650 square feet, two office buildings with 49,000 square feet, and two retail buildings with 50,000 square feet along PGA Blvd. as more particularly descried in Exhibit "A" attached hereto; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Site Plan and Appearance Review Committee recommended approval of petition SP -99 -05 with conditions, but made no recommendation with respect to the hotel building. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves a master site plan for a multi -use development consisting of a bank with 3,420 square feet, hotel with 76,650 square feet, two office buildings with 49,000 square feet, and two retail buildings with 50,000 square feet to the property located along PGA Blvd. within the Regional Center DRI, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Section 2. Said site plan approval shall comply with the following conditions which shall be applicable to the applicant, its successors, assigns, and /or grantees: 11 1. Prior to final site plan approval by City Council, the applicant shall revise the architectural design of the proposed development to reflect the requirements of the PGA Blvd. Corridor Overlay and the Pattern Book pertaining to building design guidelines; 2. Prior to issuance of the first certificate of occupancy, Minsk Gardens Blvd. shall be constructed by the applicant and open to the public between PGA and Kew Gardens Avenue; 3. This approval does not include approval for outdoor seating with service at any future restaurant; 4. All signs must be in the form of individual letters and not boxes; 5. The eastern 35 -foot easement depicted on the site plan shall provide for a minimum ten -foot wide unobstructed pedestrian access for the purposes of implementing the City Center Linkages plan; 6. The petitioner must place the powerline along PGA Boulevard underground similar to the rest of the Regional Center road frontage. If landscaping or existing native vegetation were to be removed or could not be installed per the approved plans due to utility work or easement restrictions, the City Forester and the Landscape Architect of Record should revise the plan of development to the extent that the original intent of the approved plan is realized; 7. The petitioner is responsible for the maintenance of PGA Boulevard and Minsk gardens Avenue landscaping and irrigation abutting the subject property, if for any reason the Regional Center Owners Association terminates its maintenance of said areas. Said maintenance shall comply with landscape maintenance standards recommended by the City of Palm Beach Gardens and shall commence upon installation of landscape materials; 8. All of the 55 -foot wide PGA Boulevard landscape buffer and the 35 -foot wide PCD landscape buffer areas shall be platted as open space landscape easements for buffering and landscape purposes; 9. No medical or dental office or use shall be allowed on the subject site; 10. The applicant must revise the necessary plans /renderings to demonstrate that all arches are consistent with one another and that the coigns above arches on all elevations are made radial in appearance as requested by Committee members; 12 11. No Building Permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 19 has received final approval from the City of Palm Beach gardens and all other applicable governments and / or agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. Section 3. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Site Plan, by Urban Design Studio, last revised on February 1, 2000; 2. Site Plan with Lot Lines, by Urban Design Studio, last revised on February 1, 2000; 3. Landscape Plan, by Urban Design Studio, last revised on February 1, 2000; 4. Tree Preservation & Relocation Plan, by Urban Design Studio, last revised on January 13, 2000; 5. Planting Details & Legend, by Urban Design Studio, last revised on February 1, 2000; 6. Retail One — Landscape Plan, by Urban Design Studio, last revised on February 1, 2000; 7. Retail two — Landscape Plan, by Urban Design Studio, last revised on February 1, 2000; 8. Office One and Two - Landscape Plan, by Urban Design Studio, last revised on February 1, 2000; 9. Financial Institution — Landscape Plan, by Urban Design Studio, last revised on February 1, 2000; 10. Staybridge Hotel — Landscape Plan, by Urban Design Studio, last revised on February 1, 2000; 11. Lighting Plan, by Urban Design Studio, last revised on February 1, 2000; 12. Floor Plan, No. A -2.1, Republic Security Bank, by Song + associates, last revised on February 1, 2000; 13. Building elevations, No. A -3.1, Republic Security Bank, by Song + associates, last revised on February 1, 2000; 14. Building elevations, No. A -3.2, Republic Security Bank, by Song + associates, last revised on February 1, 2000; 15. First Floor Plan, No. A2.00, Staybridge Suites, by Johnson; Sheldon; Sorensen; & Hafner: Architects Inc., last revised on February 14, 2000; 16. Second Floor Plan, No. A2.01, Staybridge Suites, by Johnson; Sheldon; Sorensen; & Hafner: Architects Inc., last revised on February 14, 2000; 17.Third Floor Plan, No. A2.02, Staybridge Suites, by Johnson; Sheldon; Sorensen; & Hafner: Architects Inc., last revised on February 14, 2000; 18. Roof Plan, No. A5.00, Staybridge Suites, by Johnson; Sheldon; Sorensen; & Hafner: Architects Inc., last revised on February 14, 2000; 19. Exterior Elevations, No. A3.00, Staybridge Suites, by Johnson; Sheldon; Sorensen; & Hafner: Architects Inc., last revised on February 14, 2000; 13 20. Office Building # 1, P -1, Architectural Design Associates, last revised on January 31, . 2000; 21. Office Building # 2, P -2, Architectural Design Associates, last revised on January 31, 2000; 22. Retail Building # 1, P -3, Architectural Design Associates, last revised on January 31, 2000; 23. Retail Building # 1, P-4, Architectural Design Associates, last revised on January 31, 2000; 24. Retail Building # 2, P -5, Architectural Design Associates, last revised on January 31, 2000; 25. Retail Building # 2, P -6, Architectural Design Associates, last revised on January 31, 2000; Section 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE ATTESTED BY: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK G :Talal /S P- 99- 05 -re. doc DAY OF 2000. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT 14 Parcel 27.05 "Exhibit A" A parcel of land situate in Section 5, Township 42 South, Range 43 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 Southwest corner of the Northwest quarter of said Section 5; thence South 88'5 1'28" East along the South line of the Northwest quarter of said Section 5 a distance of 266.10 feet; thence departing said South line North 01 °08'32" East a distance of 60.00 feet to a point on the North right -of -way line of PGA Boulevard as described in Official Record Book 1112, page 856, public records of Palm Beach County; Florida, and the Point of Beginning of the herein described parcel; thence North 87 °4231" West along said right -of -way line a distance of 251.80 feet to the Southeast comer of a Northern Palm Beach County Improvement District water management tract as described in Official Record Book 5072, page 354, public records of Palm Beach County, Florida; thence North 01'08'32" East along the East Iine of said tract a distance of 469.81 feet to the Northeast comer thereof; thence South 88 °53'53" East a distance of 264.82 feet; thence South 43 °52'41" East a distance of 35.37 feet; thence South 01 008'32" West a distance of 410.05 feet; thence South 44 °4441" West a distance of 55.24 feet to the Point of Beginning. Parcel 27.06 A parcel of land situate in Section 5, Township 42 South, Range 43 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 Southwest corner of the Northwest quarter of said Section 5; thence South 88'51'28" East along the South line of the Northwest quarter of said Section 5 a distance of 266.10 feet; thence departing said South line North 01 °08'32" East a distance of 60.00 feet to a point on the North right -of -way line of PGA Boulevard as described in Official Record Book 1112, page 856, public records of Palm Beach County, Florida; thence South 88 °51'28" East along said right -of -way line a distance of 70.08 feet; thence North 01 °08'32" East a distance of 10.00 feet; thence continuing along said right -of -way line South 88 °51'28" East a distance of 98.02 feet to the Point of Beginning of the herein described parcel; thence departing said North right -of -way line North 43 °51'28" West a distance of 56.57 feet; thence North 01 °08'32" East a distance of 505.13 feet; thence North 88 °5353" West a distance of 391.25 feet to a point on the West line of the Northwest quarter of said Section 5; thence North 01 °25'01" East along said West line a distance of 39.97 feet to a point on the South line of the North 10.00 feet of the South half of the Southwest quarter of the Northwest quarter of Section 5; thence South 89 °53'54" East along said South line a distance of 1326.59 feet to a point on the East line of the Southwest quarter of the Northwest quarter of said Section 5; thence South 01 005158" West along said East line a distance of 595.76 feet to a point on the North right -of -way line of PGA Boulevard, said right -of -way line being 60.00 feet North of the South line of M! OK P.B.C. APR 5 1309 15t.Rhi!�iNl; 7Aa'h; i the Northwest quarter of said Section 5; thence North 88 °51'28" West along said right - of-way line a distance of 555.01 feet; thence North 85%15'1 4" West along the North right -of -way line of PGA Boulevard as described in Official Record Book 4442, page 856, public records of Palm Beach County, Florida, a distance of 175.28 feet; thence continuing along said right -of -way line North 88 °51'28" West a distance of 165.98 feet to the Point of Beginning. 16 :� m ;Ali Hill W ja Z ziQiRi�r� r IT fill _ II.�I ' II I jl I� �I ueld a L d i eppo� `suopeE) 43eas w 90' /50'LZ 103JB I i J ,i .�- • INS- saw l� r _- I = _- _ -`III - -. -�,► • iii54'!�ti .I t • iq• ` r � FILE No-988 03/22 '00 15:33 1D:LFW" DESIGN STUDIO FAX.% - 1 551 PAGE 2i 2 WAIVER REQUESTS AND JUSTIFICATION STATEMENTS FOR PARCEL 27.05/.06 SP.R March 17, 2000 For your review and information are the waiver requests and justification statements for the Parcel 27.05/.06 Site Plan Review: Specialty Pavers Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics We request a waiver from the Subdivision Regulations to allow for the use of specialty pavers. Specialty pavers allow for a higher quality entry experience. Not only are the pavers an attractive amenity, but the delineation of an entrance to a development is consistent with Crime Prevention Through Environment Design (CPTED) techniques, which is supported by the City. Goadine Spaces (Section 118.569) The petitioner requests it wavier from Section 118 -569 of the LDRs requiring two spaces be provided for 10,000 up to and including 50,000 square feet of gross floor area and three spaces be provided for 50,000 up to and including 100,000 square feet of gross floor area. This-site would, by code, require 12 loading spaces, two for each of the proposed retail and office buildings, one for the bank and three for the hotel. The petitioner is requesting to provide five loading spaces for the overall site. The spaces are spread throughout the site. Both Retail t & 2 have significantly larger loading spaces than the code required 12'x 35' loading space. Retail 1 provides a 22' x 56' loading space area and a 12' x 25' loading space for parcel delivery trucks and vans. Retail 2 provides a 15' x 70' loading area. All other loading areas provide the standard required loading spaces of 12'x 35'. Parkine Spaces Section 118475 The petitioner requests a waiver from Section 118 -475 of the Palm Beach Gardens LDRs requiring 10' x 18.5' parting spaces for the hotel use on this site. The hotel use has a tower parking turn over than a commercial operation. Previously submitted to the City was an 11 x 17 site plan showing Staybridge's parking, conversion to the full 10' x l 8.5' spaces to demonstrate how the reduced parking spaces will provide for more open space. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palen Beach, Florida 33408-6682 661.689.0066 661. 689.4651 fax Irvine. CA 714.488.8131 1s CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: March 10, 2000 Meeting Date: April 6, 2000 Subject[Agenda Item: Approve Resolution 28, 2000 authorizing the Mayor to sign interlocal agreement with Palm Beach County for the North County district park site. Recommendation/Motion: Consider a motion to approve Resolution 28, 2000 Reviewed by: Originating Dept: Costs: $_Na Council Action: Total City Attorney Parks and Recreation [ ]Approved, � Finance $ n/a ( ] Approved wf oondiwm Current FY ACM ( ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper. [ ] Other 1. Memo from Parks and Recreation Director, and Finance Director. 2. Copy of Interlocal agreement 3. Projected development costs. 4. Projected operating costs. 5. Meeting outline [ X ] Not Required history. Submitted by: Sue Miller, Director, Parks and Recreation and Kent Olson Finance Director Kid Affected parties [ ] Notified BudgetAcxt #:: N/A [ ] None Approved by: City Manager [ ] Not required :d :.pia: CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: March 10, 2000 APPROVED: Nabar Martinez, City Manager FROM: Sue Miller, Director, Parks and Recreation OA Kent Olson, Finance Director SUBJECT: North County District park interlocal agreement BACKGROUND: The City of Palm Beach Gardens received a letter from Nancy Graham, President, of the Watermark Communities, Inc., (WCI) Palm Beach Division, indicating that WCI would be willing to discount the purchase price of the properties earmarked for the North County District park site, if the closing date were held on or before April 30, 2000. In response to that letter, staff has developed an interlocal agreement between the City of Palm Beach Gardens and Palm Beach County addressing the requirements of each entity in the development of the park. Additionally, staid following a meeting between the Mayor, City Manager and Commissioner Karen Marcus, has formulated projected estimates for the development and operating costs of the district park. These estimates are based upon the conceptual drawing of the park and were determined by v Parks and Recreation staff, the Finance Director and City Manager. DISCUSSION: An interlocal agreement, which will address the responsibilities of the City in the development of the park, is presently being reviewed by the City Attorney. Staff is also in the process of sched»ling meetings to discuss the agreement with each individual council member, along with the City Manager, City Attorney, and Finance Director. Following approval of the agreement by the City Council, the agreement will be presented to the County Commission on April 180' for their approval. At that time, the closing date for the property involved in the purchase can be held prior to the April 30, 2000 deadline, thereby enabling the City to capitalize on the discount offered by WCI. The discount is $6,750 per acre, or $222,750 for the 33 acres the city is purchasing. RECOMMENDATION: Staff recommends approval of the interlocal agreement with Palm Beach County, which would allow the City to begin the process to complete the purchase of the property.. CC: City Attorney RECOMMENDATION: Staff recommends approval of the interlocal agreement with Palm Beach County, which would allow the City to begin the process to complete the purchase of the property. CC: City Attorney ESTIMATED DEVELOPMENT COSTS FOR NORTH COUNTY DISTRICT PARK [ Community Center - 50,000 sq. ft. @ $1251ft $ 6,250,000 "* - Center Furnishings $ 750,000 Water park $ 3,000,000 " Multipurpose fields with lights $ 1,000,000 ,Parks Equipment storage facility $ 450,000 Amphitheater with rest rooms $ 350,000 Court complex 1 $ 1,200,000 - 6 lighted sand volleyball courts $ 120,000 - 4 lighted racquetball courts $ 100,000 - 4 lighted basketball courts $ 160,000 - 2 lighted roller hockey rinks $ 250,000 -1 shade structure $ 15,000 - Rest room facility $ 50,000 Group picninc area - 2 30'x 60' pavilions $ 175,000 - Covered Tot lot $ 100,000 - Rest room facility $ 50,000 Family picnic area - 8 15'x 15' picnic pavilions $ 125,000 - Pedestrian paths $ 90,000 - Covered tot lot $ 100,000 Recreation Equipment, bleachers, grills, etc. $ 250,000 Upland Nature Trails $ 100,000 Site work - Demolition, clearing and fill 1 $ 1,200,000 Parking $ 300,000 Drainage $ 1125,000 Sewer and Water $ X780,000 —r - -� Engineering and Architecture $ 500,000 ,Sub - Total; $ 17,390,000 i 15% Contingency $ 2,608,500 ,ESTIMATED TOTALS $ 19,998,500 , 1* = Revenue Generating amenities i <h: W 0) (O h V IOA h W 0) M 0) EO f� Q N f0 co h to h Q) O 0 0 h 1- O tl a MIN o a) OEM N CO r In M M (O h h Q W C N M r N r O ts{t d O N Q r h h Q b N C Q N O) Q r Q h Q h h Of N O Q t0 ')! 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W f� r-- O N 00 t7 Cl) 00 C4 co h C*4 v Q N U d Q h a M Q r ZN N N N N N N N N N N N N N N N N N N N N N N N N N d o a d W N M O 0 0 cn r a D N c o 0 y H W y W O o I` c O d d F- y U m O 7 a o U (n U O'W M N •1E_- O NI j Q j j i1 �r U NO 7 d N U � m O 0 0 .�.. _ -y U lL _ 3 N y W N m cs C O 0 ao aE C z - nzz U i ma 0 p Q `7 cn J — dR (i u 00 t O }} o U y o U C C m E E p O U U O y t0 7 00 h C In t-N W ¢ U 7 Z is a Ol�iw O U ) UIaI¢ ¢ a of [YU�— ► J j z aIa 0 In wia�¢ a t�ila (u� t° i <h: CHRONOLOGICAL MEETING ORDER DATE MEETING ATTENDING OUTCOME October District Park -PBG Parks and Rec Staff Discussed elements 20, 1999 Amenities - Commissioner Marcus to be developed in - Representatives from the Town of the park Jupiter, Riviera Beach, Juno, North Palm Beach, Lake Park, Jupiter - Tequesta Youth Athletic Association -Jean Creamer, County Administrative Assistant November District park -Sue Miller Discussed wants 2, 1999 meeting with Youth - County Parks Director and Staff and needs and Athletic - Commissioner Marcus financial Association - JTAA President responsibilities. Presidents - North County Little League President - Jupiter parks staff - Jean Creamer January PBG Parks and -Sue Miller Presented 11, 2000 Recreation -Vice-Mayor Furtado conceptual plan of Advisory Board - Six Board Members district park to Meeting Board. February Presentation of - Sue Miller Approved 8, 2000 conceptual plan of - Commissioner Marcus conceptual plan, North County - Jupiter parks staff realizing that the District park - JTAA President City of PBG was - Town of Juno Staff responsible for the - Jean Creamer development and maintenance and that the park would be open to all county residents. February Discussion of -Mayor Russo City Manager 24, 2000 further concerns -City Manager Martinez committed to a and questions - Commissioner Marcus development and concerning the -Sue Miller maintenance plan, North County - County parks staff and the input of the District park, and interlocal the purchase of all agreement for the property by April purchase of the land 30"', with a 15% by the April 30t` discount. deadline March 13, Received draft of Passes the 2000 interlocal interlocal agreement from agreement onto County Attorney. PBG City Attorney, and Finance Director for review. March 22, Set up individual 2000 meetings for review and concerns of the interlocal agreement with Council members April 6, Council Meeting to 2000 present interlocal agreement for consideration of approval for purchase of property with a 15 % discount by the April 30, 2000 deadline. Apr. 18, Palm Beach County 2000 Commission meeting to approve interlocal agreement for purchase of the North County District park property by the April 30, 2000 deadline. ' Apr. Meet with City, , r: 2000 County and WC1 to close the deal on the _acres for the North County District park. FROM : FAX NO. : Apr. 03 2000 02:01PM P1 RESOLki i ION 28,2600 A RESOULTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING T-- F MAYOR AND CrfY CLERK'fO EXECu I'E AN AGREEMENT WFLU PALM SEACH COUNTY FOR THE IN T ERL.00AL AGREEMENT FOR 'FH E NORTH COUNTY DISTRICT PARK; AND PR4viDING FOR AN EFFECTIVE D, t, i E. W riricEAS. City staff has negotiated an agreement with Palm Beach County to purchase devciop and maintain approximately 33 acres of property designated as the North County District palm; and Writ REAS, the County desires to purchase approximateiy 82 acres of property designated for the worth County District park that will be deveioped and maintained by the City of Paim Beach Gardens: and W:n:aREAS, the City council determines that. the execution of the agreement would be.. in the best interest of the residents of the City of Faim Beach Gardens. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF i psi- i;! TY OF PAM REACH GARDENS, FLORMA THAT: Section 1. The City Councii hereby authorizes the Mayor and City Cierk to execute the Agreement between Palm Beach County and the City of Palm Beach Gardens for the interloeal agreement for the North County District Paric. Section 2. This resolution snail become effective immediately upon adoption AT Mj MED HY: CITY CLERK VOTE: iv`VIYOR WUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILWOMAN FrmTADO COUNCILMAN SAcsATELLO MAYOR JOSEPH R. RUSSO APPROVED AS Tv FORM AND LEGAL WI FICIENCY CITY ATTORNEY AYE NAY ABSENT Denise Distel Dytrych March 14, 2000 County Attorney P.O. Box 1989 Via Hand - Delivery West Palm Beach. FL 33402 -1989 (561) 355 -2225 Sue Miller Suncom: (561) 273 -2225 City of Palm Beach Gardens FAX: (561) 355 -4398 4404 Burns Road www.co.palm- beach.fl.us Palm Beach Gardens, Florida 33410 Re: Palm Beach Gardens District Park ■ Dear Ms. Miller: Palm Beach County Enclosed herewith please find drafts of the Interlocal and Lease relating to the above - Board of County Commissioners referenced matter. Please contact us to discuss the documents after you have had an Maude Ford Lee. Chair opportunity to review them. Warren H. Newell. Vice Chairman Karen T. Marcus Very truly yours, Carol A. Roberts G Mary McCarty Burt Aaronson Howard J. �F con III Assistant County Attorney Tony Masilotti HJFIII:cmm Enclosures cc: Denise D. Dytrych, County Attorney County Administrator Gordon P. Selfridge, Chief Deputy County Attorney Robert Weisman Jean Creamer, Assistant County Administrator Dennis Eshleman, Director, Parks & Recreation Department Tim Granowitz, Principal Planner, Parks & Recreation Department Ross C. Hering, Director, PREM G: \COMMON\ATTY\W PDATA \GENGOVIIHFALCON\Miller.ltr "An Equal Opportunity Affirmative Action Employer" printed on recycled paper AMENDUM T4 _CONTRACcl FOR SALE AND PURGHAaE This Addendum entered into this day of by and between The John D. And Catherine T. MacArthur Foundation, an Illinois not - for - profit corporation (the "SELLER") and the City of Palm Beach Gardens, a Florida municipal corporation organized under the laws of the State of Florida (the "BUYER "). WIT NESSETH: WHEREAS, SELLER and BUYER have entered into a Contract for Sale and Purchase dated (the "Contract ") for the sale'and purchase of the property more particularly described in Exhibit "A" attached hereto (the 'Property). The Contract and the Addendum are hereinafter collectively referred to as the "Contract and WHEREAS, SELLER and BUYER agree to amend the Contract In the manner set forth herein. NOW, 'THEREFORE, in consideration of the mutual covenants contained herein and In the Contract, and other good and valuable considerations, receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. SALE AND PURCHASE. SELLER agrees to sell, assign, transfer and convey to BUYER, and the BUYER agrees to purchase from SELLER the following: (a) That parcel of land situated In Palm Beach County, Florida, more particularly described on the attached EXHIBIT "A ". (b) All improvements, appurtenances, rights, easements. rights -of -vay. ;- tenements and hereditaments Incident thereto and all title and Interest. if any, of SELLER sy': In and to all strips and gores and any land lying in the bed of any street. (c ) Unless the context clearly requires otherwise, the property described in paragraphs 1(a) and 1(b) are collectively called the "Property ". 2, PURCHASE PRICE. BUYER agrees to pay SELLER a sum equal to $45,000.00 per acre for the Property if Closing occurs before June 15, 2000. The per acre cost shall be Increased each year thereafter by a percentage equal to the then current Consumer Price Index, such assessment to occur on June 15, 2001 and June 15, 2002. Page 1 of 5 �V v -- V� - �O �`✓ V � - a v r • • a \•.J CVO✓ vV• •• • - V •• • n - -,,,0 a • • v O �O V 3. SALE IN "AS IS" CQNDITiON. 'The parties acknowledge that Standards ''D ". "N" and "W" of the STANDARDS FOR REAL ESTATE TRANSACTIONS on the reverse side of the Contract are hereby removed and terminated, it being the intent of the parties to convey the Property in "As Is" condition, without any warranty or representation whatsoever on the part of the SELLER with regard to the condition of the Property. 4. INSPECTION PERIOD. In consideration of the provisions _set forth in Paragraph 3 hereof, BUYERS obligations under this Contract are contingent upon BUYER obtaining satisfactory inspections of the Property. including, but not limited to an environmental audit and assessment. Inspections shall be completed and the results obtained by BUYER on or before sixty (60) days from the Effective Date of the Contract (the "Inspection Deadline "). If the results of such inspections are not satisfactory to BUYER, in BUYER's sole and absolute discretion. BUYER may, at BUYER's option, cancel this Contract any time prior to 5:00 p.m. on that date which is five (5) days after the inspection Deadline, whereupon the parties shall be released from any further obligation hereunder. Notice of BUYERS election to cancel this Contract must be made in writing and received by SELLER prior to 5:00 p.m. on that date which is five (5) days after the Inspection Deadline, otherwise. such inspections shall be deemed satisfactory to BUYER and BUYER shall purchase the Property "As Is". 5. CLOSING AND CLOSING DATE. . The consummation of this sale by SELLER and the purchase by BUYER of the Property (the "Closing ") shall be held at the offices of SELLER: The John D. and Catherine T. MacArthur Foundation. 4400 PGA Boulevard, Suite 900. Palm Beach Gardens. FI 33410 -9680 on 6. SURVEY. BUYER, at BUYER'S expense, may have the Property surveyed and certified by a registered Florida surveyor In accordance with Chapter 21 HH- 6 of the Florida Administrative Code. If the Property is not surveyed by the BUYER. the survey exception will not be removed from the owners title insurance policy. If the Property is surveyed and the survey does not reveal any encroachments or other defects, the survey exception will be removed from the owner's title policy. 7. QUALITY OF TITLE. Notwithstanding anything to the contrary contained herein. BUYER shall not be obligated hereunder unless title to the Property shall be indefeasible and good of record and in fact marketable to the extent as will enable an ALTA member title insurance company selected by BUYER. and authorized to do business in Florida to issue to BUYER, at regular rates, its full coverage, standard marketability revised ALTA Owner's Title Insurance Commitment and Policy, in the amount of the Purchase Price hereunder, without exception as to construction or similar liens, and free and clear of all other liens and encumbrances and subject only to: Page 2 of 5 V (a) General and special real property ,-d valorem taxes accrued in the year Closing 000urs and all years thereafter. (b) Utility easements to service the Property which do not interfere with its use; ( c) Such additional items which are listed as exceptions to the standard ALTA Owner's Title Insurance Commitment and Policy and which Buyer has determined, in its sole discretion, are permitted exceptions. ,.The Title Insurance Commitment together with copies of all exceptions shall be obtained by the BUYER, at BUYER's expense, no later than sixty (60) days prior to Closing. If the title evidence (or survey provided by BUYER) reveals any defects in the title or any physical encroachment on the Property, the BUYER shall have ten (10) business days from the date the BUYER receives the tide evidence or survey to notify the SELLER in writing of the defects. If within thirty (30) days from the receipt of such notice, the SELLER is unwilling or unable to cure the defects to the reasonable satisfaction of BUYER. the BUYER may at its option by written notice to SELLER given within the ensuing ten (10) business days, either (1) cancel and terminate this Contract, whereupon neither party shall have any further obligations under this Contract or (2)'the BUYER may elect to purchase the Property in its "AS IS" condition without offset against the Purchase Price for any title defects. If BUYER does not make its election in writing within the time permitted. BUYER will be deemed to elect to terminate this Contract. Standard exceptions contained in the commitment relating to parties in possession and construction liens, will be removed from the policy in accordance with Florida law upon receipt of the required affidavits. The survey exception will be removed (or modified to reflect the state of facts evidenced by the survey) if BUYER obtains a current survey as provided in Paragraph 6. 8. COVENANTS AND CONDITIONS OF SETTLEMENT. On the Closing Date, SELLER shall execute and deliver a Deed to BUYER. as required to convey title to the Property in accordance with this Contract, the form and content of which shall be identical to that certain Special Warranty Deed attached hereto as EXHIBIT "B "_ SELLER and BUYER shall execute Closing statements, a FIRPTA certificate. and such other documents as may be reasonably required to complete Closing and accomplish transfer of the Property to BUYER hereunder. 9. AUTHQRITY. SELLER represents and warrants that it has the requisite power, capacity and authority to enter into this Contract and any additional document or instrument contemplated hereby (the , Additional Documents ' ) and to consummate the P transactions contemplated hereby andthereby. The execution, delivery and performance of this Contract and the Additional Documents and the consummation of the transaction contemplated hereby and thereby have been duly authorized by the Board of Directors of SELLER (and SELLER shall deliver to BUYER resolutions of the Board of Directors to such effect), and no additional proceedings (corporate or otherwise) on the part of SELLER or Page 3 of 5 any 4f the directors of SELLER are necessary to authorize the execution, delivery and performance of this Contract and the Additional Documents and the consummation of the transactions contemplated hereby and thereby. When fully executed and delivered, SELLER represents and warrants that this Contract and the Additional Documents will constitute the valid and binding agreements of SELLER enforceable in accordance with their respective terms. 10. BROKERAGE. SELLER and BUYER warrant each to the other (and it is agreed that this warranty shall survive delivery of the deed) that no broker or agent has been employed with respect to the sale of the Property. 11. ;;SPECIFIC PERFORMANCE. In the event that either party fails to comply with or perform any of the covenants, agreements or obligations to be performed by them hereunder, the non - defaulting party shall be entitled to seek specific performance without thereby waiving any action for damages resulting from such breach. 12. NOTICES. All notices, demands, requests and other communications hereunder shall be in writing and shall be deemed to have been given if delivered personally, or sent by registered or certified mail, return receipt requested, postage pre- paid to SELLER or BUYER at the address set forth on the first page of this Contract, with a copy to BUYER'S Attorneys: Watterson, Hyland & Ktett, P.A., Attention: Carole W. Post, 4100 RCA Boulevard, Suite 100, Palm Beach Gardens, 171334 10 and to SELLER'S in- house counsel, Steve Cohen, Esq., 4400 PGA Boulevard, Suite 900, Palm Beach Gardens, FL 33410 -9680. Any notice given in accordance with the provisions of this paragraph shall be deemed to be effective upon receipt. Each party may give notice to the other party of any change of its address for the purpose of giving notice under this paragraph. which thereafter, until changed by like notice, shall be the address of such party for all such purposes of this Contract. 13. MDQN• Radon is a naturally occurring radioactive gas that. when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon. testing may be obtained from the Palm Beach County Public Health Unit, pursuant to §404.056(8), Florida Statutes. 14. TEM. The capitalized terms in this Addendum shall have the same meaning as the defined terms in the Contract. 15. PRIQ M. This Addendum modifies the Contract and Is deemed to be a part thereof. Except as modified hereby, the terms and conditions of the Contract remain In full Page 4 of 5 ��V V�r -i0 wc✓ V--r _ L 7 r4'1 / 4`IJ rtVf1u l..V�'�1'1 lit♦ 1 R. Jot 1 1 J 4=1 force and effect When the terns of this Addendum and those of the Contract conflict, the terms of this Addendum shall govern. 16. COUNTERPARTS. This Contract may be executed in one or more counterparts. each of which shall be an original, but all of which shall together constitute one and the same Contract. IN WITNESS WHEREOF. the patties have executed this Addendum as of the date first above written. Signed, sealed and delivered "SELLER" in the presence of: The John D. ' AND CATHERINE T. MACARTHUR FOUNDATION. an Illinois not - for -profit corporation (CORPORATE SEAL) By_ Title: Date Page 5 of 5 C, w C L tl 'r - 1 7 f 1'1 K rt J K V M L l.. V 1'11'1 _ (,• (r 1 K_ J o 1 - - - -` - v (CORPORATE SEAL) "BUYER" CITY OF PALM BEACH GARDENS, it municipal corporation organized under the laws of the State of Florida 6A Mayor BY.. City Manager By City Clerk Date Page 6 of 5 Exhibit "A" (Legal Description of Option Property) LEGAL DESCRIPTION: A PAR=- OF LAND LYh tG L I SECTIONS 1 4W 2, TOWNSEM 4?. SOLrI?i, RAiNC -E 42 EAST, PALM BEACH COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COIvd1vfE4CE AT TH—E SOLTiIW'ST CORNER OF TrM NORTH--WEST ONE- QUA4T'R OF SAS?? S£C'I'ION 1; Th NCE NORTH 01 °53'55' EAST, ALONG THE WEST LLVE OF SAID NORTh -WEST ONE-QUART—ER, ?, DISTANCE OF 732.20 F—=!--T; SO(,- 83 °06'05" EAST, DEPARTLNG SAID WEST LINE, A DISTANCE OF 30.00 FEEET TO T-r'jE POINT OF BEGLNyINC; TH"`ECE NORVri 010!3'55" EAST, A DISTANNCE OF 542.10 F IET; T=RICE NORT? 33°x0' 15' WEST. ALONG, IN PART. TI- NORTr LINE OF 117ni COURT, A-S DESC.RIBED Ri ORB 6496, PAGE 335, OF Ts3E PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 1758.02 FEET TO A POINT ON A CURVE, FROM WHICH A RADIAL LINE BEARS : EORTH.01039'52" EAST; THFINCc .. NORTHWF�TER_Y. ALONG SAID NORTH LDE ON A CURVE CONCAVE TO T'r E NORIE, HAVLNG A RADIL'S OF 1460.00 FEET, THIROUGH A CENTRAL ANGLE OF 17026'32" AND AN ARC DISTANCE OF 444.46 =1 TO THE POLY;' OF TAINGENCY; TEMNi CE NORTr? 70053'36" WEST, ALONG SAID NORrrl LPiF— A DISTANCE OF 273.98 FFFT; T:MNC'E NORTH 25 016'43" Am -.ST, ALONG SAID NORTH LING, A DISTANCE OF 57.24 FFFT TO A POINT ON THE EAST LDTE OF C111T ill. BOM_tVARD. AS DESCRLED LAY ORB 5104. PAGE 945, OF TIM PUBLIC RECORDS OF SAM COUNTY, BEDIG A POINT ON A CURVE R. WHICH A R.4DL4L LL`s BF -A-RS SOUTri 69039'50" EAST; TrM -qCE NORTrT.EASTTRLY, ALONG SAID F-- ST LINE. ON A CURVE CONCAVE TO TIM SOU 17-HMAST, HAVING A RADIU'S OF 3759.72 FEEL Ti- :ROUGH A CRgTRAL ANGLE OF 10043-18" AND AN ARC D1STANCB OF 709.03 MT;1VIENC£ SOUTH 38020'l5" F-A ST. A DISTANCE OF 2992.34 fi.. E I TO A P0D T ON T'nc WEST _TtLY RIG'rTT -OF -WAY LL`IE OF S-1 ATE ROAD NO. 9 (PER FDOT (I -95) RIGh -T-OF -WAY )vLaD SECTION NO. 9---'220-2474)', T:=iCE SOT -rrA 30-3:3.11" EAST. ALONG SAID WESTERLY R:Gc?T -O&WAY LniF_ A DISTANCE OF 530.26 FE`T; Trll�iCE SOUTF 26--.3-) " 11" EAST. ALONG SAID V- 1- r- S-ITERL.Y RIGH -T -OF -WAY L24F- A DISTANCE OF 432.72 FBz-T. Tl-`EC£ SOU l-A 01047' 15" WFS T . DE? aRTuVG SAID WESTERLY RIGN T -OF -WAY LPi 1E, A DISTANCE OF 554.37 F�;FT; Tz-M-NC= NOP-70 83032' 14" WEST, A DISTANCE OF 1256.51 FEET TO - rm PONY OF BEGLN-NING- T� ABOVE DESCRIBED PARCEL OF LAND CONT ALES AY AREA OF 31.79 ACRES, MORE OR LESS. \1571 \projcc_ ,-,9- 3t7_`0 \WAGES .t. -{ NTcNMS CobR -'.doc I - 1 , ..._. .� _ `. .. `. v..... �.• • • •� -- . • • - vim. Uv (a) General and special real property std valorem taxes accrued in the year Closing oaours and all years thereafter. (b) Utility easements to service the Property which do not interfere with its use; ( c) Such additional items which are listed as exceptions to the standard ALTA Owner's Title Insurance Commitment and Policy and which Buyer has determined. in its sole discretion, are permitted exceptions. ,.The Title Insurance Commitment together with copies of all exceptions shall be obtained by the BUYER, at BUYER's expense, no later than sixty (60) days prior to Closing. If the title evidence (or survey provided by BUYER) reveals any defects in the title or any physical encroachment on the Property, the BUYER shall have ten (10) business days from the date the BUYER receives the title evidence or survey to notify the SELLER in writing of the defects. If within thirty (30) days from the receipt of such notice, the SELLER is unwilling or unable to cure the defects to the reasonable satisfaction of BUYER, the BUYER may at its option by written notice to SELLER given within the ensuing ten (10) business days, either (1) cancel and terminate this Contract, whereupon neither party shall have any further obligations under this Contract or (2)'the BUYER may elect to purchase the Property in its "AS IS" condition without offset against the Purchase Price for any title defects. If BUYER does not make its election in writing within the time permitted. BUYER will be deemed to elect to terminate this Contract. Standard exceptions contained in the commitment relating to parties in possession and construction liens, will be removed from the policy in accordance with Florida law upon receipt of the required affidavits. The survey exception will be removed (or modified to reflect the state of facts evidenced by the survey) If BUYER obtains a current survey as provided in Paragraph 6. 8. COVENANTS AND CONDITIONS OF SETTLEMENT. On the Closing Date, SELLER shall execute and deliver a Deed to BUYER. as required to convey title to the Property in accordance with this Contract, the form and content of which shall be identical to that certain Special Warranty Deed attached hereto as EXH191T "B "- SELLER and BUYER shall execute Closing statements, a FIRPTA certificate. and such other documents as may be reasonably required to complete Closing and accomplish transfer of the Property to BUYER hereunder. 9. AUTHORITY. SELLER represents and warrants that it has the requisite power, capacity and authority to enter into this Contract and any additional document or instrument contemplated hereby (the , Additional Documents') and to consummate the transactions contemplated hereby andthereby. The execution, delivery and performance of this Contract and the Additional Documents and the consummation of the transaction contemplated hereby and thereby have been duly authorized by the Board of Directors of SELLER (and SELLER shall deliver to BUYER resolutions of the Board of Directors to such effect), and no additional proceedings (corporate or otherwise) on the part of SELLER or Page 3 of 5 any 4f the directors of SELLER are necessary to authorize the execution, delivery and performance of this Contract and the Additional Documents and the consummation of the transactions contemplated hereby and thereby. When fully executed and delivered, SELLER represents and warrants that this Contract and the Additional Documents will constitute the valid and binding agreements of SELLER enforceable in accordance with their respective terms. 10. BROKERAGE. SELLER and BUYER warrant each to the other (and it is agreed that this warranty shall survive delivery of the deed) that no broker or agent has been employed with respect to the sate of the Property. 11. ;SPECIFIC PERFORMANCE. In the event that either party fails to comply with or perform any of the covenants, agreements or obligations to be performed by them hereunder, the non - defaulting party shall be entitled to seek specific performance without thereby waiving any action for damages resulting from such breach. 12. OTI� ICES. All notices, demands, requests and other communications hereunder shall be in writing and shall be deemed to have been given if delivered personally, or sent by registered or certified mail, return receipt requested, postage pre- paid to SELLER or BUYER at the address set forth on the first page of this Contract, with a copy to BUYER'S Attorneys: Watterson, Hyland & Klett, P.A., Attention: Carole W. Post. 4100 RCA Boulevard, Suite 100, Palm Beach Gardens, FI 33410 and to SELLER'S in- house counsel, Steve Cohen, Esq., 4400 PGA Boulevard, Suite 900. Palm Beach Gardens, FL 33410 -9680. Any notice given in accordance with the provisions of this paragraph shall be d.-med to be effective upon receipt. Each party may give notice to the other party of any change of its address for the purpose of giving notice under this paragraph. which thereafter, until changed by like notice, shall be the address of such party for all such purposes of this Contract. 13. $ADQN. Radon is a naturally occurring radioactive gas that, when It has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon - testing may be obtained from the Palm Beach County Public Health Unit, pursuant to §404.056(8), Florida Statutes. 14. JFRMS. The capitalized terms in this Addendum shall have the same meaning as the defined terms in the Contract. 15. PRIORITY. This Addendum modifies cthoreid�toonsdof the Contra edemain in full thereof. Except as modified hereby, the terms an Page 4 of 5 force and effect- When the terns of this Addendum and those of the Contract conflict. the terms of this Addendum shall govern. 16. COUNTERPARTS. This Contract may be executed In one or more counterparts, each of which shall be an original, but all of which shall together constitute one and the same Contract. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date first above written. r Signed, sealed and delivered "SELLER" in the presence of: The John D. - AND CATHERINE T. MACARTHUR FOUNDATION. an Illinois not - for -profit corporation (CORPORATE SEAL) By_ Title: Date page 5of5 ryU v -U V - 7b we JJ t7ti 1 7 f 1'1 K(Y5 M4-J 1. U1'J I'1 Ury - - - " -`"- (CORPORATE SEAL) "BUYER" CITY OF PALM BEACH GARDENS, a municipal corporation orgintzed under the laws of the State of Florida A Mayor By... City Manager By City Clerk Date Page 6 of 5 I Exhibit "A" (Legal Description of Option Property) LEGAL DESCRIPTION: A PARC`L OF LAND LYT`i IG N SECTIONS I .AuND 2, TOWNSHM 42 SOLD, R,NGE 42 FAST, P_kL2v! BEACH COTJN-1Y, FLORIDA, BEZiG MORE PARTICULARLY DESCRIBED AS FOLLOWS: C01Y11tifENi CE AT 'P-=— SOL?HW ST CORNER OF 711M NORT- H-WEST ONE- QUAQTEX OF SAM SECTI-ON 1; Th NCE NORTH 01 °53'55' EAST, ALONG THE WEST LLVE OF SAID NORTHWEST ONCE- QUARTER, A DISTANCE OF 732.20 SOL,- 83 °06'05" EAST. DEP ARTLW- G SAM WEST LINE, A DISTANCE OF 30.00 FEET TO Tc1E POINT OF BEGI2NL NC; Ilit"4 CE NORTri 01°53'55" EAST, A DISTANT M OF 542.10 FRE SM— NCE NORrc-i 33"'.20'15" WEST. ALONG, IN PART. TI-M NORTH LINE OF l 17ni COL,TT, .# S DESCRBBRn- IN ORB 6496, PACE 325, OF Tr3E PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 1758.02 FEET TO A POINT ON .t CURVE, FROM 1VHICH A RADIAL, LM BF-AAS NORT1 01°39'52" EAST; T FFNCc NORTHWESTERLY, ALONG SAID NORTH LIB, ON A CURVE CONCAVE TO T'r„ E i iORTii, i A- VLYG A RADIUS OF 1460.00 FEET. TI -MOUE= A Cl--, IRAL A; IGLE OF 17°26'32" A,\M AN ARC DISTANCE OF - 111-1.46 FAT TO TIM POR ;' OF TAiNGENCY; THENCE NORT'r? 70 °53'36" WEST, ALONG SAID NORT -H I-PiE, A DISTANCE OF 273.98 FFFT; T:MiCE NORTH 25 016'43" WEST, ALONG SAID NORM LINZ A DISTANCE OF 57.24 FTFi TO A POINT ON THE EAST LDNE OF C N RA-L BOULEVARD, AS DE,3CRIpED Lr1 ORB 5104. P.kGZ 945, OF TAE PUBLIC RECORDS OF SAID COWi IY, BEDIG A POINT ON A CURVE R. WHICH A R.4DLkL LL`ZE BZARS SO=d 69°39150" EAST; TIHENCE NORTrIEASTMY, ALONG SAID EAST LINE. ON A CURVE CONCAVE TO TIM SOUT MAST. HAVING A RADIUS OF 575952 FEE—L- TI -MOUGH A CENTRAL. ANGLE OF 10043-18" AND AN ARC D1ST I NCH- OF 709.03 FEET; THENCE SOUTH 3802015" EAST. A DLSTA.VCE OF 2992.34 F-ES1 TO A POD 4T ON Tru WEST –RLY RIGr -I'-OF -WAY LLVE OF STI ATE ROAD NO. 9 (Pc=k FD OT (I -95) RIGh -T-OF -WAY MAP SECTION NO. 93220-2474); T1:,= CE SOU'rH 30°33'I I" E AST. ALONG SAID WESTERLY R:Gr"T -OF -WAY LaiF_ A DIS T A,NCE OF 530.26 FF�; 'rAENCE SOUTH- 26-73311" EAST, ALONG SAM WESTERLY RIGHT-OF-WAY LRiZ A DISTANCE OF 432.72 FEET; Tf-�tCE S0UTri 01 °47' 15" WEST . DES ARTuVG SA! D K'EST' ILLY RIGHT- OF-WAY Lri 1H-. A DISTANCE OF 554.37 F� P T; T=�10E NORT,? 83°32' 14" WEST, A DISTANNCE OF 1236.51 FEE I TO TIDE POR i OF BEGL`7NL`+G- THE ABOVE DESCRIBFD PARCEL OF L?+ CONTAINS AY AREA OF 31.79 ACRES, MORE OR LESS. \\ST1\projcc:s1. 79 -30_10 \WA0ES .LX5_-k N >LYNIS C01JR—'.d0c 1J EXHIBIT "6" (TO CONTRACT FOR SALE AND PURCHASE) PREPARED BY AND RETURN TO: Carole Wallace Post, Esquire Watterson. Hyland & Klett, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, FL 33410 W/C Box 33 Property Control No. SPECIAL WARRANTY DEED THIS WARRANTY DEED, made effective this day of. 1 � between THE JOHN D. AND CATHERINE T. MacARTHUR FOUNDATION, an Illinois not - for - profit corporation hereinafter called the Grantor, whose mailing address is 4A00 PGA Boulevard, Suite 900, Palm Beach Gardens, Florida 33410 -9680 to THE CITY OF PAINT BEACH GARDENS, a Municipal Corporation existing under the laws of the State of Florida hereinafter called the Grantee, whose mailing address is 10500 N. Military Trait, Palm Beach Gardens, Florida 33410 (Wherever used herein the terms "Grantor" and "Grantee" are used for singular or plural, as context requires and include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells. aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate In the County of Palm Beach, State of Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF SUBJECT TO restrictions, reservations, covenants, conditions and easements of record; taxes for the year and the years subsequent thereto; and all applicable laws, ordinances. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or In anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the said Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land In fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor does hereby fully warrant the Otte to said real property and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor but against none other whatsoever. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered In the presence of. As to Grantor. Witness (print name of witness) GRANTOR: THE JOHN D. AND CATHERINE T. MaaicARTHUR FOUNDATION ATTEST: Witness (print name of witness) (CORPORATE SEAL) LIST OF EXHIBITS EXHIBIT A District Park Option EXHIBIT B Legal Description of District Park Property EXHIBIT C Lease Purchase Option EXHIBIT D Lease EXHIBIT E Conceptual Master Plan EXHIBIT A (Interlocal) District Park Option EXHIBIT A" TO PAL14 BEAM GAMENS DISTRICT PARK INTERIOCAL AGRF'FT4ETIT OPTION AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into this _ day of SP , 1998 b and between n The John O. And Catherine T. MacArthur Foundation, an Illinois not - for -profit corporation ("FOUNDATION') and the City of Palm Beach Gardens, a Florida municipal corporation ( "CITY"). WITNESSETH: WHEREAS, FOUNDATION is the owner in fee simple of that certain real property located in Palm Beach County, Florida, more particularly described in Exhibit "A" attached hereto and made a part hereof. together with all easements. rights of way and other appurtenances now or hereafter belonging or in anyway appertaining thereto, hereinafter referred to as the "Option Property;" and WHEREAS. FOUNDATION intends to grant unto CITY an option to purchase the Option Property upon terms and conditions which shall be mutually agreed upon by the parties (the "Option "). NOW, THEREFORE, FOUNDATION, for and in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby grants unto CITY the Option to purchase the Option Property under the terms and conditions set forth below. 1. BeQitals. The above recitals are true and correct and are hereby Incorporated as part of this Option Agreement. 2. Sross- Default. The parties have entered into that certain Lease- Purchase Agreement dated May 8. 1998 (the "Lease- Purchase Agreement'). The parties agree that should a material default occur with respect to the Lease - Purchase Agreement, or any of 4 the agreements attached thereto, such default, if material to the non - defaulting party, shallAy. be considered a default as to the Option Agreement and shall relieve the non - defaulting, a party from all obligations and responsibilities set forth In the Option Agreement. T'r 3. Term of Option. The tern of this Option shall be four (4) years, commencing on June 15, 1998 and ending June 15, 2002 (the "Option Period"). — 4. Exercise of Ootion. CITY may exercise this Option at any time before the expiration of the Option Period. CITY may not exercise this option in the event CITY has been in material default under the Lease - Purchase Agreement. CiTY may not exercise this Option prior to Closing the Contract for Sale and Purchase on that property which is the subject of the Lease - Purchase Agreement. 5. Terms _qf Purchase, Upon CITY exercising Its Option as set forth herein, FOUNDATION agrees to sell and CITY agrees to purchase the Option Property according to terms and conditions as set forth in Exhibit "B" attached hereto. The parties agree that the terms and conditions set forth In Exhibit "B" may be amended or modified as mutually agreed to by the parties. No amendment or modification shall be binding upon the parties unless in writing, signed by both parties. 6. Notice. All notices, demands, requests and other communications hereunder shall be in writing and shall be deemed to have been given if delivered personally, or sent by registered or certified mall, return receipt requested. postage pre -paid to FOUNDATION or CITY at the address as follows: CITY: 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, ATTN: Bobbie Herakovich; FOUNDATION: c!o Steve Cohen, Esq., 4400. PGA Boulevard, Suite 900, Palm Beach Gardens, FI 33410 -9680. Any notice given in accordance with the provisions of this paragraph shall be deemed to be effective upon receipt. Each party may give notice to the other party of any change of its address for the purpose of giving notice under this paragraph, which thereafter, until changed by like notice, shall be the address of such party for all such purposes of this Contract. . 7. _Agreement Not to Encumber. FOUNDATION hereby agrees that it will not, Without the prior written consent of CiTY. (i) encumber the Option Property with mortgages, liens or other monetary encumbrances; (ii) enter Into any development or annexation agreements or any other agreements whatsoever in connection with or affecting the Option Property; or (iii) otherwise modify, alter or amend any existing encumbrance affecting the Option Property. 8. Assignment and Convevance. FOUNDATION hereby consents to assignment by CITY of its rights and obligations hereunder as to the Option Property, or any portion thereof, to Palm 13each County or any other govemmental agency of the County or State. CITY hereby consents to assignment by FOUNDATION of its rights and obligations hereunder. The parties agree that should CITY or FOUNDATION Intend to exercise its right to assignment as set forth herein, it shall notify the other, In writing, prior to executing said assignment. Further. CITY consents to conveyance of the Option Property, or any portion thereof by FOUNDATION; the parties agree that as consideration for the FOUNDATiON's absolute right to convey, that FOUNDATION shall. prior to conveyance of the Option Property, or any portion thereof, expressly notify the grantee, in writing, of Its obligations pursuant to the Option Agreement and FOUNDATION shall obtain, in writing. said grantee's consent to assume the responsibilities and obligations of FOUNDATION hereunder, copies of which shall be provided to CITY. 9. Governlno Law: Venue: Jurisdiction. This Agreement and all transactions contemplated by this Agreement will be governed by, and construed and enforced in accordance with. the internal laws of the State of Florida without regard to principles of conflicts of laws. 2 The parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of this Agreement occurred or will occur In palm Beach County, Florida, and therefore. without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement will be brought In the courts of record of the State of Florida In Palm Beach County or the court of the United States, Southem District of Florida; (b) consents to the jurisdiction of each court in any suit, action or proceeding; and (c) waives any objection which h may have to the laying of venue of any suit, action or proceeding in any of such courts. 10 Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party will be entitled to recover reasonable attomeys fees, court costs and all expenses even if not taxable as court costs (including, without limitation. all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 11. Default. In the event FOUNDATION fails or refuses to perform the provisions of this Option Agreement on the FOUNDATION'S part to be performed, the CITY may proceed at law or in equity to enforce its legal or equitable rights, including specific performance, under this Option Agreement. If CITY fails to duly perform its obligations under this Option Agreement, the FOUNDATION may proceed at law or in equity to enforce its legal or equitable rights under this Option Agreement. 12. Captlon. Headinas and Section Numbers. The paragraph headings appearing in this Option Agreement are inserted only as a matter of convenience, and In no way are intended to define, limit, construe or describe the scope or intent of such paragraphs of this Option Agreement, nor in any way affect this Agreement. 13. Binding _Effect. This Agreement shall be binding upon and shall Inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. 14. Aereementio Use Good Faith. The parties agree to use Good Faith and best efforts to meet their obligations herein. 15. Recording. Upon full execution of the Option Agreement FOUNDATION and CITY shall execute and acknowledge a Memorandum of Option Agreement in the form attached hereto as Exhibit "C" which shall be recorded in the Public Records of Palm Beach County, Florida, at CITY's sole option and expense. SIGNATURES TO FOLLOW 3 CONTRACT FOR SALE A' Pl, , BASE FLORIDA AAOCIATiON OT VAAL. — no 1118 n.ORIDA 6AU PARnF_a:_jphn D. And Catnartfte T. Macuthgr_FoUndatlon ('8clkr'k .(.15ZLsI A e,d�ty Q�pa,lm Beach (:ardane rnrnoT,,t�1SZn _— (-Ilwycr -L ,(_2,Q5Q_0 N. - Mj,]�7 ><,%_Tr. , palm Beach Gardena. FI.�3410 . .a.cc « u Iku.r .wl ..0 ..d unw .i•.0 M 1M f w.tM d—i"4 R..t ft r.wT awi 1—+4 ^^Mf (..G.AI"'h''Er!two �s-� �" f a.�:.y 6_— w e 4;,w wcl, MCF.de st.adsrda fa Rill 8"a T(sooacti.0 (16tdo Hun M Oo r"ww aid. b"es( or aft-c" b.tets a4 dd.n cod wdo& N die C.dr.d G.r 41. ear r-,t..c (�L�•1'l. DfcCRIPTION. (.) Palm Beach Cewwy, nae(da; _kAiCal 31, more partioul'arij( danaribed "in- Exhibit "A" attachej1_k@XAto` (b) Snot cddras, dry, tie. *(I%# rgorwy IK _wnn q (c) raaool hoporty: jLZA LP( ritQlA89tA( CK .......................:...... ............................... ....................>Ifle At>tneh�d 4.11 PAYMENT: •ws awUm I.) Deposit " in *.crow by 14/A M M amo m all (b) Ad 6wi aector dy.o 11 b be arch W", -der alkr Eff"Ve Dd. (u 1 ad fc Panorso IIQ it It" nail di (c) Swfjeet b AND 4xff-o p;" efodada f NwV Vo 41 feod Aaadlil in fdvw of -N/A Mviat so appcoxitnato pcearq pdndpd bdwoo of .......... ............................... (d) ^K%*A.o moray ewq.p and aa4 is sosw (w add.wdww) k w arsafr of ... ............................... f (q Ot r. N/A - t (t) BdsrtwadoorbyU. S. co* LOCALLYDRAWN*. vwarcdZ; aWsdw .ctadkilortybagwbjcabslpaftaw *«Fran" sst- It. TIME-FOR ACCEPTANCII OFOFFIR; tFVXCTIYL DAT14 FACSIMILL• If Oda o!(w If trot aascwlel by sad doUvw.d bap w�. OR FACT OF xEamON corrrlmvva;c.icd a uwitMwt buwe.a to p.Al.. s «hu(a. M dop"O) Z1! W quyvet wwnad and trill o(fcr widoks-d . Tba I/le a( Caumd ('F1f ciw Dak) will b. to Ia4 whw M Mwl aM of to Buys and SA., I. Ar-W Mir a(la f.cfimik copy of thin Conrad and my dtmo.p br.00 chop bo ow"Worlt for dl pwpooa as aitieala, V. FINANCING: (a) If do Pnachaw Price of my pad e(il Is b be framed y a Nti-Porty loaf dil CaotW b ubrdMoad as Bvyw ob kkg await oanw4irawft wi" n/a dcyc aftu [C -edw. Dcw for ( CHECX ONLY ONEk ( (a rtad: ( 1 r mQ4o%6ft et I 14 dowd or 44jmftWq tow loan M om pdndpd &TA.W of I _ . d a, kifa( (nra.d nw cal so .=I n /a_ t4.cowu aver o(tlaaim fan nal b v%vad U of 04 prioslPd ­AK AM for a &ww of .U& y'wo. b+yw will ^A* oppik row r(Ah Ma Soya MW Flfcclive Dale and wpe reaaotaoMs dilitaaoe b obbin a loon earam;Q d wA tw 4sA4% to aria& lane and o"" of to tan w6wat and adws tw kam qvy r A4. MY ap Mwa esPto"m If I" W4 to *6444 a coawniwaaN of G.1f w wehs B.yv(d dada w Ave nia wrbpontr.pb vd6a dw tiara (or ob41w4/ a enmmianaq or, QAa diurad eQod (uh to n«l tM krwa and e0dV96a40 of ON eanwaib"K 908 QidW " 11,41 Act. by wcitkat "a b M a wt may co," hk Contact and Dvyw " b mpoaded ow Iapoai(tk or (b) Tb/ adstot w vw d.oaiMd N Pwspaph ll(ck aloes. bra (CII£CK ONLY ONE): I 1 a vv(ablo iMass(nft off 1 a find inea.a raft of % Par rtoww. Al lima 40( its twafa, arm Grad bhlared rain aav aA6jed is incrocx: i(ncrec -ed, to rek dad( m «^--! V. pr owma. Shca dull, %4"n/a_ days aAtr Wicivo Dole. Awwlah a wonscM Asa "A sn(rlfatce std&t the priacipa) Wwwo. a(iad of pymOtt iesvwrt nk std awlwa of saantate. If Btry.r hoe syead b aawrw a e tad" of Bvycr by dw wtMtatos far aawwepioti Isah & thdl w�� nw sPo to monist«. AAy sn"414 etwt {a) sal b exceed f " Im pdd by 9944 If b+Ta to mot sowpied by madt.ta tr to "kaaeaU for assumption sn so( 6 acaa4rwoe with M Irma of Ns Conaad or waag w wake a alma in aura of to ahlod wnow K Sdkr or Wyer may mend thin Coend by waifka notiu b M our pony wtdas si6cr olects to pay 6o 6ervast M .;ww::. s.4 er awass mar 4p elort.s, TITLE EVIDENCE: At last days bran doo;at da(, bA w cuGr than /4y9 GAr SAW I.oc(v1a wrinatl nodfiadoa 60 Bvya has obWnad town co..wdh, . or I.as boas ap(covvd far ow Mesh uw4nption u provided a Pr.papM IV(s) oc N), oboe, or. V apprrAU*. wvf"W dw rums inf se4fooreo4ow& ((F.CK ONLY ONE):j 1 Scpa sh.K N Scws arpar, daltva a a" or Boyce$ attaory, « D(I pjyw thou N Bwysfs 4wpana ch4.;4 I IECK ONLY ONE) j I ahraacl of Gtld; or 0(1 ire Wurems v knrx (widh set" coplas .d bwtwafro gesw u eacapioaa attedwd Macao) and, &Am win f. an ownda Policy o(64f irwanca. CLOSING OATP.1 TMa ruu4cioa 111{p b* doted and 6o dead sad oo wtloo(at p apa.4divwwd Ic.n ft"sed by o4w p wA4*m a(tds CantwL t RMIUCTIONS; EASEMEKTJ; UhIffATIONJ: bsyw " bko ids wtbjed la: eompiwwivo Isd use p(wK =4M IMMciawl prof"*" and *hat pk w bi txss t obdviot pGe " aaroeoa oe o y, tu n 6d b raved (asawahb are to N located con6 aeu p Red hoparly, fimg swd sal raw ltaa 14 fed In raid` as to 1M tar or 6441 Fasu and 7 IQ fed i4 d6 r in dhc aide Env, ankh *Wrw/oe dales. Iwnhny, war for year of ebaht char vb"w o y.rn; asw *W m*rtfq« and per„ mot.ey wwfCta, arty (( sd4i6mW Ran& Qoc ad&ohmx pvvidod tot Mar of dating so wa W= of do Ar.tairw Gaol war prwvawt clam of d hopoty 1L O(-*NPA CY: ScUa w.rraa4 dw has ro, so prig b occupancy, o6a' two Sdtor; has if Ptoprty It iol4ndd to be sooW or occupied Inyad doaiew to a end tam,t lhaaf sad sac lawl(a) or 000paoba Own W discleae/ pumded as J4ndor4 F. Sella" 44vw oompwcy of hopaty b bvyv N "N o(cbs;nt kss ndxnvist o41cd hadn. If nccwponcy la b M deNvww( Mfan *$hunt, Beyer swmicc cap dA s er loe to prop" Aom daft of aeaupracr "be aopu"c A 1ieHa far maiauiwrce firm tw( 441K and troll be Ieowod b ben. seeePad hopaty it Its edstlst eotadi6m as of ion of Mkint oewponcy w dcn odww(so sulod ttiwc;& TVrE%VR(TTEN OR RANOWRITTtt( rROVIS(ONS: Typtw;t44 at brnd richm and addends dwp awrv4 ap prakd Fm-i 1. - of s amtso in sonAid with Man. RIORRS: (p1ECK /rasa ddcra which an oppkable AND r• atwdmd Its itis Cosa.c* p) ( 1 COASTAL CONSTRUCTION CONTROL LINE (4) ! I WHA W 1 1 HOMEOWNERS MOCIATION DISgASURB M111 1 CONDOMINIUM (a) ( I INSUATION (h) 1 I RESIDENTTAL L111AD4MSE HAZARD OISCLOJURR (y j f FOREIGN INVESTMENT IN "CAL PROPERTY TAX ACT (1) I 1'AJ IV (1) 1 1 _ Auwr(AWLITY: (CHECK ONLY ON4 Bvyw DUaty asip and twm6y M nh"W Rom holy Aadw s.4 ft ado Orin Conrad( Iraay ardtn bd gaol be used fray Wwaty wda this Cartaet «1 fumy ao( usitn this Cannel I. DISCLOSURES: (a) Radon is a sakrapy oaairrim uodto"" to tat w(w n aeevasklod M • buaro4 ;a au?.rlr4 parAdev may room Mdh dr4a b pa.om nob se. txpesed b h a., - rims. Leek of rsdan dw alt, , ro" *A ski@ ew;d.tksr lwva bola ford 14 b.;wi4p 1. FM4;da. Add;dwA Mdotmodon te1ar469 Radon or Rakwa kslint may M obtli" bas your Coonl1yy h"d 114416 troll Bvycr may bow dcksmtnd M soap *wkIw=y rstiwt d wy is bases(a dw Rod pro?". 1c1 If d.e Heal Pratwany ;ract..dca pre•19Td revldeMlal Iao4ewa tlww Pwpsph X 141 an..daaory. IL MAXIMUM REPAIR C'0.4Seals TS. S ol" om w respensilie tot p.ya.eww M swa— et (a) f - w •••• mr tr.atwad and lepak ra/.t Earndent D (dbler'k. Man 21l of tw Pwr'dwr Ma). 44 . (h) t Ibc taa.k over rap4s.w.wn.wd� iw1.r1 N (IfMrdi. M.4ltlstdw Pwedwaa M«). Y. Af Rt to V. CI AtidRNf wnpkNbAt" It cdJld.aJ Wm4 on le 61 tw.vld.d, sns.A addasdva and OtttCK II9910(1• It Lt ItITF.MIF.O TO Ilf. A I.El;A1.I.Y OIMlltla CONTRACT. IP NOT /VU.Y UMCR#ro= SUK TIfr ADYIC1 OF AN ATTOANKY PRIOR TO SIQMK(l. TI IIS IY)Rld HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OP REALTORS AND THE FLORIDA BAR. cwwtatikk an opka;a tut say of dw sawn and opac.d dam ;n 1h;.�C.*.d s6awWld�.M @eaeppsed by Ow tl In a pvficulr ara scfior. Tams sew enadwti.wwws .hovld M at' k4 M..I w d.. ^ OA DA ANO THe FLORIDA ASJOC)A710N OF REALTORS COPYRIO T 1995 BY TIIE FLORt . -r..► Gyor (D.4) (94pa) i1 S.curity of T. x (.0. / 3--W roc rib or Tax ID. / .ra► City Manager (0.•.) (s.ua) ^(0414) Jill Security a Tax 1.0.9 Scar !.amity or T.a LO. / po.iw under P.r.lnph II (.) r<uivd, IP OTI /ER THAN CASK TF(6N 6( M6CT TO CLEARANCE. Ali+ • (e"c- Afeal) OK 00.'1 IL [. Th. 6144.1. w.uw.•r Mlo•••. a•.el.ralr•a Il.dna ...1 <ewp.r.Ma 6evteK ..e av e.Jy amok... we:a.d b eo.wO.....dm M.w...e4ww v.i.h N. Ca..veet ('e..n.w.tinr pc.t.r... tr.nr None ,oNT"cr FOR SALE AND PUk LASE FLORID& ASSOCIATION OFRHALTOI .41) THE FLORIDA BAR John D. -and Ca -therm( T MaCArthuF__FQUndmtion Steve 4400___PGA Blvd. . _ #900,_PBG, FL era) on 500 N. fji li tary Tr. . Palm Beach Gardens , _FL 33419 (Ptiarre) q jmc Ihal Scher dull acif *rail Duycr dull ►err the follo..� do.m'Led R.e.l Property awl Pe aaa.l property (eeUaeli�^e1r '�ibrahrl � (oll�.+:..s terra. sad ca.4i4q..L. ti.k Sr.ed.rda for Real Resale 'Trat,..ctlar.. (-E[a d.rd(d ') on tl.c twvuw tide haeo( of aa&jwd bada awl ciders sad sddaada to Wier Ca.AMI (Of Sak sad Pi.,hw rCmu DF.SCRIMON: (a) Legal dcseriplion of the Real Property loutod in Palm Beach _ Cry. Florida: t. _Parcel 3-1. more nartic-ularly - 1Cescribed rt in Exhibit A attached hereto. (b) Ste," addrcsk city, zip. of dtc Property it: -NonA (c) Persons! Property N/A PURCHASE PRICE ............... ............................... ...... ............................... >S-D a _At tanhed Add PAYMENT: - (a) Depoeil hdd in allow t yNI A b the arnoutt o(S (h) Additional escrow d"sit b be made widdA days after Effective Dale (as defined is Parsgtaph 110 is the amount ofS (c) Subjed to AND assumption of cadsting mortgage in good stuuding is favor of _ N /A having an approximate presont principal bdance of ...................................................... S (d) Pualaae money mortgage and note to Seller (soe addendum) in die amount of ... ............................... S (c) Oda-. -N /A s (i) Balance to eloae by U.S, eat LOCALLY DRAWN certified or eashlds dw* or drird" 104a, vAjed to adjustraaft or prumtionn t TiME FOR ACCEPTANCE OF OILER; EFFECTIVE DATE; FACSIMILE: It this offer is rat ama+vod by and delivered b all pa im OR FACT .CU ION eommaicatcd in writing between dta partice on err before . dro dVodKa) will at Bvyvds option Trod and this offer widWmwn. The date of Cw4md (*E foctrvc_Dak") will be the dak vhm the last one of due Beyer and Seller has sianod this o, ximile copy of this Contract and any signatures hares duU be owsidc od tar aU purposes u orii b. FINANCING: (a) If due Purdtaw Price or any put of it is so be finanood by a tbird-puty lout, dis Contract is eoodidoned oo buyer obodd[Ag a wsita t eommitmam lei n/a days after Efl'ootive Date f« (CHECK ONLY ONEx ( l a fixod; j an 4ustablq « j j a fbwd «adjwe■bie s.aa loan is dw prineipd aa►aa� s , al an bnitid inkrac raw ant so cxooed _ n /a diamo and ocigination 1 t to cxcocd SG of dtc principal senacrC and for a tam of ,ply years. Buyer 'vin make appik ion within M& days a tive Date sad aso tcs-uxwbk diligence to obtain a to" commitment std, drarcdke. to satisfy sorms ud cargditione of ew cowd keaeat and close die loan. Buyer n+ all loan expaucs. if Bayer fails to obtain a commitment or fails to waive Buyefs rights render diis subparagraph within the uma for oba[a N committnanl or. after diligent clfort fails to nted isle leans and conditions of the commitrnont hen eibw party dsoreaflar, by writcoa Poticc to tie of may caned this Contmel and Buyer shall be refunded die daposit(tx at (b) The roasting mo,%gr dasoribed M Paeapaph !t(e)L `6°jA has (CHECK ON ONE): ( j a variable Intcreat rte, « ( j •fixed intooa(rate of _ % per wnm. At time of title tranda, sons fared ii►4�..: sates ue aarbjoe ir►aor.se; ifincreacod. die rate shall" cxcL- ! % per a.num. Sella 64 wid "n /a days arw Effective Dow. furnish a salomad Gan c mortMeo suting die priacipd balance. mcdsod of Payer interest role am tutus of mortgage. If Bv)w hs ayead to amucna a moctgate wbicfa requires op re of Bu the moA oe for assrun tioct, thaw Bu dull .,.,, d obtain tie O,,e=,ry applicaaaa std - ---ort[y rnoruplere eruct tebstn it to yin by lag P Y°C r -p Y >t � is fait somprod by aewtt" or Pvwtgagoe. My nwAgagc c1►.tgo(g) trot to exceed S dtaU be P� �' ��• roquiraAmb for assumption are not is acowd.nug wig due tans of ah Coaoad of oeorigagea makas a durgs in afmcsr of than stated smo^,*- S� Buyer Puy rescind dug Contract by wrinan nodco to lhf Odeon party rdcss aif er door to pay #4 irnaeaac to iNorost raft a WwCw aarlgade d>.etoa. :•.: _ . TITLE EVIDENCE: At least der begone date, but no earlior den - _ days aflor Satter rvool,ea artittea aodGoatiws stun BvY°r beer of on cormnioncnt or has boon approved for dose Io.a asswnp6w as pcvv(ded is Parsgrspls IV(4) of ft above. w. if sppr Wc. "ai"d dw Grwx+K nViri0" Cr, ONLY ONE):j j ScIla shalL at Sellers arpensc. delivar to DOW err BuS^oh allome�; er IXI D"Or af'f d �y CK ONLY ONE):( j ahstrad of tide; or VQ lids Insuraaca eommitmaN (widr Ieg[bla copier of i.ratYmattll listed as . Y attached {lteavto) tut4.' �+ �. & an owncds policy of tick insurance. CLOSING DATE: This trtuuaction stud( be closed and dtc deed and odor dosing Papers dd[vorud as I Modified by otixr provision of this Contrsa bleu and a RESTRICTIONS; EASEMENTS; LIMITATIONS: Beyer shill take tide sutijod 1w cam lard use Plana. See r� � a • • c cnwww unposed by got..:.-cn al sud.ociW.. trstrictk- and matters apptaring on " pld wire oanntat b des surbdivision; public 1r61rty artsem owd (awmenu are to be touted ccmfiguova a Rod Psoparty lines eruct cwt more than 10 foot is widh u ao dw roar or Ger►1 linwa ofd 7 I.Z fed as to tic side lines. tudcas ather*4r.r .s,es..t h.r.f••� """ �' - - _` .._.a _ .. ApDENDUM TO CONTRA ALE AND PURCHA3F., This Addendum entered into this. day of _ . by and between The John D. And Catherine T. MacArthur Foundation, an Illinois not - for -profit cotporatjon (the "SELLER ") and the City of Palm Beach Gardens, a Florida municipal corporation organized under the laws of the State of Florida (the "BUYER "). WITNESSETH: WHEREAS, SELLER and BUYER have entered into a Contract for Sale and Purchase dated (the "Contract ") for the sate "and purchase of the property more particularly described in Exhibit "A" attached hereto (the "Property m). The Contract and the Addendum are hereinafter collectively referred to as the *Contract -. and WHEREAS, SELLER and BUYER agree to amend the Contract In the manner set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and in the Contract, and other good and valuable considerations, receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: I . SALE AND PURCHASE. SELLER agrees to sell, assign, transfer and convey to BUYER, and the BUYER agrees to purchase from SELLER the following: (a) That parcel of land situated In Palm Beach County. Florida, more particularly described on the attached EXHIBIT "A ". (b) All improvements, appurtenances, rights, easements. rights -of -way, tenements and hereditaments Incident thereto and all title and Interest. If any, of SELLER In and to all strips and gores and any land lying in the bed of any street. (c) Unless the context clearly requires otherwise, the property described in paragraphs 1(a) and 1(b) are collectively called the "Property ". 2. PURCHASE - PRICE. BUYER agrees to pay SELLER a sum equal to $45,000.00 per acre for the Property if Closing occurs before June 15, 2000. The per acre cost shall be Increased each year thereafter by a percentage equal to the then current Consumer Price Index, such assessment to occur on June 15, 2001 and June 15. 2002. Page 1 of 5 '- - rj o 3. SALE IN "AS IS" CQNDITION. "The parties acknowledge that Standards "D ". "N" and 'W" of the STANDARDS FOR REAL ESTATE TRANSACTIONS on the reverse side of the Contract are hereby removed and terminated, it being the intent of the parties to convey the Property in "As Is" condition, without any warranty or representation whatsoever on the part of the SELLER with regard to the condition of the Property. 4. INSPECTION PERIOD _. In consideration of the provisions .set forth in Paragraph 3 hereof, BUYER's obligations under this Contract are contingent upon BUYER obtaining satisfactory inspections of the Property. including, but not limited to an environmental audit and assessment. Inspections shall be completed and the results obtained by BUYER on or before sixty (60) days from the Effective Date of the Contract (the "Inspection Deadline "). If the results of such inspections are not satisfactory to BUYER, in BUYER's sole and absolute discretion, BUYER may, at BUYER's option, cancel this Contract any time prior to 5:00 p.m. on that date which is five (5) days after the inspection Deadline, whereupon the parties shall be released from any further obligation hereunder. Notice of BUYER's election to cancel this Contract must be made in writing and received by SELLER prior to 5:00 p.m. on that date which is five (5) days after the Inspection Deadline, otherwise. such inspections shall be deemed satisfactory to BUYER and BUYER shall purchase the Property "As Is ". 5. CLOSING AND CLOSING DATE, . The consummation of this sale by SELLER and the purchase by BUYER of the Property (the "Closing`) shall be held at the offices of SELLER: The John D. and Catherine T. MacArthur Foundation, 4400 PGA Boulevard, Suite 900, Palm Beach Gardens, FI 33410 -9680 on 6. , URVEY. BUYER, at BUYER'S expense, may have the Property surveyed and certified by a registered Florida surveyor in accordance with Chapter 21 HH- 6 of the Florida Administrative Code. If the Property is not surveyed by the BUYER, the survey exception will not be removed from the owner's title Insurance policy. If the Property Is surveyed and the survey does not reveal any encroachments or other defects, the survey exception will be removed from the owner's title policy. 7. QUALITY OF TITLE. Notwithstanding anything to the contrary contained herein. BUYER shall not be obligated hereunder unless title to the Property shall be indefeasible and good of record and in fact marketable to the extent as will enable an ALTA member title insurance company selected by BUYER. and authorized to do business in Florida to issue to BUYER, at regular rates, its full coverage. standard marketability revised ALTA Owner's Title Insurance Commitment and Policy, in the amount of the Purchase Price hereunder, without exception as to construction or similar liens, and free and clear of all other liens and encumbrances and subject only to: Page 2 of 5 V (a) General and special real property -d yajQrcm taxes accrued in the year Closing 000urs and all years thereafter. (b) Utility easements to service the Property which do not interfere with its use; ( c) Such additional items which are listed as exceptions to the standard ALTA Owner's Title Insurance Commitment and Policy and which Buyer has determined, in its sole discretion, are permitted exceptions. •.The Title Insurance Commitment together with copies of all exceptions shall be obtained by the BUYER, at BUYER's expense. no later than sixty (60) days prior to Closing. If the title evidence (or survey provided by BUYER) reveals any defects in the title or any physical encroachment on the Property, the BUYER shall have ten (10) business days from the date the BUYER receives the title evidence or survey to notify the SELLER in writing of the defects. If within thirty (30) days from the receipt of such notice, the SELLER is unwilling or unable to cure the defects to the reasonable satisfaction of BUYER, the BUYER may at its option by written notice to SELLER given within the ensuing ten (10) business days, either (1) cancel and terminate this Contract, whereupon neither party shall have any further obligations under this Contract or (2) "the BUYER may elect to purchase the Property in its "AS iS" condition without offset against the Purchase Price for any title defects. if BUYER does not make its election in writing within the time permitted. BUYER will be deemed to elect to terminate this Contract. Standard exceptions contained in the commitment relating to parties in possession and construction liens, will be removed from the policy in accordance with Florida law upon receipt of the required affidavits. The survey exception will be removed (or modified to reflect the state of facts evidenced by the survey) if BUYER obtains a current survey as provided In Paragraph 6. 8. COVENANTS AND CONDITIONS OF SETTLEMENT. On the Closing Date. SELLER shall execute and deliver a Deed to BUYER, as required to convey title to the Property in accordance with this Contract, the form and content of which shall be identical to that certain Special Warranty Deed attached hereto as EXHIBIT "B "_ SELLER and BUYER shall execute Closing statements, a FIRPTA certificate. and such other documents as may be reasonably required to complete Closing and accomplish transfer of the Property to BUYER hereunder. 9. AUTHORITY. SELLER represents and warrants that it has the requisite power. capacity and authority to enter into this Contract and any additional document or instrument contemplated hereby (the ' Additional Documents') and to consummate the transactions contemplated hereby andthereby. The execution, delivery and performance of this Contract and the Additional Documents n transaction contemplated hereby and thereby have been duty authorized by the Board of Directors of SELLER (and SELLER shall deliver to BUYER resolutions of the Board of Directors to such effect), and no additional proceedings (corporate or otherwise) on the part of SELLER or Page 3 of 5 any,of the directors of SELLER are necessary to authorize the execution, delivery and performance of this Contract and the Additional Documents and the consummation of the transactions contemplated hereby and thereby. When fully executed and delivered, SELLER represents and warrants that this Contract and the Additional Documents will constitute the valid and binding agreements of SELLER enforceable in accordance with their respective terms. 10. BROKERAGE. SELLER and BUYER warrant each to the other (and it is agreed that this warranty shall survive delivery of the deed) that no broker or agent has been employed with respect to the sale of the Property. 11. ';SPECIFIC PERFORMANCE. In the event that either party fails to comply with or perform any of the covenants, agreements or obligations to be performed by them hereunder, the non - defaulting party shall be entitled to seek specific performance without thereby waiving any action for damages resulting from such breach. 12. NOTICES. All notices, demands, requests and other communications hereunder shall be in writing and shall be deemed to have been given if delivered personally, or sent by registered or certified mail, return receipt requested, postage pre- paid to SELLER or BUYER at the address set forth on the first page of this Contract, with a copy to BUYER'S Attorneys: Watterson, Hyland & Klett, P.A., Attention: Carole W. Post, 4100 RCA Boulevard, Suite 100, Palm Beach Gardens, FI 33410 and to SELLER'S in- house counsel, Steve Cohen, Esq., 4400 PGA Boulevard, Suite 900, Palm Beach Gardens, FL 33410 -9680. Any notice given in accordance with the provisions of this paragraph shall be d,.med to be effective upon receipt. Each party may give notice to the other party of any change of its address for the purpose of giving notice under this paragraph. which thereafter, until changed by like notice, shall be the address of such party for all such purposes of this Contract. 13. BADM. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon - testing may be obtained from the Palm Beach County Public Health Unit, pursuant to §404.056(8), Florida Statutes. 14. JE5E.a. The capitalized terms in this Addendum shall have the same meaning as the defined terms in the Contract. 15. PRIORITY. This Addendum modifies �ndit�onsdof the Contract remain in full ct and Is deemed to be a thereof. Except as modified hereby. the terms and Page 4 of 5 force and effect. When the terms of this Addendum and those of the Contract conflict, the terms of this Addendum shall govern. 16. COUNTERPARTS. This Contract may be executed In one or more counterparts, each of which shall be an original, but all of which shall together constitute one and the same Contract. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date first above written. Signed, sealed and delivered "SELLER" in the presence of: The John D. ' AND CATHERINE T. MACARTHUR FOUNDATION. an Illinois not -tor -profit corporation (CORPORATE SEAL) ey Title: Date Page 5 of 5 ll b y 1 7 i 1'1 K ry J K l.! /-I L 1. V 1'11'1 . V Ir I K_ "BUYER" CITY OF PALM BEACH GARDENS, it munlc1pal corporation organized under the laws of the State of Florida (CORPORATE SEAL) By Mayor - BY.. City Manager By Cry Clerk Date Page 6 of 5 r . 1 i r - • o Exhibit "A" (Legal Description of Option Property) LEGAL DESCRIPTION: A PARS. OF LAID LYING N SECTIONS 1 AND 2, TOWNS`ci1P A2 SOLriLi, RaNGE 42 EAST, PALM BEACH COUNTY. FLORIDA, BELNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: CO1YdIvINCE AT -P-=— SOGTi3W -ST CORNER OF Try NORTE.WEST ONE. -QU IRTER OF SAM SECVJON 1; Th-NCE NORTH 01 °53'55' EAST. ALONG THE WEST LL•NE OF SAID NORTHWEST ONE- QUARTER, A DISTANCE OF 732.20 FEET; SOL"TI-i 93 °06'05" FAST. DEPARTNG SAID WEST LINE, A DISTANCE OF 30.00 FEET TO T-rM POINT OF EEGLNNINC; THENCE NORTri 01 °553'55" EAST, A DISTANIM OF 542.10 F-E–T; NORTr? 33°^,20' 15' WEST. ALONG, IN PART. TI- NOR77- LIII]E OF 117ni COLT,T, AS DESCRRMED Lei ORB 6496, PAGE 335, OF rAF- PLBL IC RECORDS OF SAID COUNTY. A DISTANCE OF I759.02 FEET TO A POINT ON A CURVE, FROM 1VIECH A RADIAL, LINE BEARS NORTH.01°39'52" EAST; TF77NCE .. NORTHW STY-- Y, ALONG SAID NORTH LLNE, ON A CURVE CONCAVE TO T'rE NORTH, HA- VNG A RADIUS OF 1460.00 FEET, TI-3kOUGH A C1 =VTRAL ANGLE OF 17°26'32" AND AN ARC DISTANCE OF 444.46=1 TO TIM PODiTs OF TANGENCY; TF NCE NORTs? 70 °53'36" WEST, ALONG SAID NOR'I -i LEiF- A DISTANCE OF 273.98 FFT-7; TIHIENCE NORTH 25 016'43" Wv --ST, ALONG SAID NORTH LINE, A DISTANCE OF 5 7.24 FT- F- i TO A POLN'T ON TI- EAST LINE OF CEYI ill. BOU?_tVARD, AS DESCvMFn Lei ORB 5104. PAGE 945, OF Thy PLBLIC RECORDS OF SAID COUNTY, BEING A POINT ON A CURVE, FROM WMCF: A RADL4L LL`s B&A -RS SOMI 69°39'50" EAST; TrMNCE NORTrMASTERLY, ALONG SAID EAST LINE- ON A CURVE CONCAVE TO TIM SOUT-1-T.AST. HAVING A RADIUS OF 3759.72 FEE JL, TI- :ROUGH A C i- I. AINC -LE OF l 0 °43' 18" AsND AN ARC D157AVCE OF 709.03 FEET; TI?ENCE SOUTH 38°''0'15" EAST. A DLSTA:VCE OF 2992.34 FAT TO A POLYT ON 771E WEST -RLY RIG- -:T-OF -WAY LL 7E OF S 1 ATE ROAD NO. 9 (PER FDOT (1-95) RIG%`T -OF -WAY W-P SECTION NO. 93220-2474); TINE CE SOLT-? 30°33' 11" EAST. ALONG SAID WESTERLY RGr'T -OF -WAY LWE, A DIS T A.NCE OF 530.26 FEET; TriENCE SOUTH 26--3311" 11" E AST, ALONG SAID WES- f-ERLY RIGH- I' -OF -WAY LL`;B, A DISTANCE OF 432.72 F- =-T; TI -MICE SO(1Td O1 °4 15- WF_S i A. D)r' ARTPIG SAID u'ESTRLY RIGHT -OF -WAY LPi 1E, A DISTANCE OF 554.37 F "FT; Tz c— NORTc? 83°32' 14" WEST, A DTSTA1NNCE OF 1236.51 FEET TO TAE PONT OF BEGL`iNV G- TBE ABOVE DESCRIBED PARCEL OF LAND CONTAl`IS AN AREA OF 31.79 ACRES, MORE OR LESS. \� 1\projcc;s'.,9- 3o`oxW\f)ES .LR—S.k N Tc�1NIS COG- R -f.doc EXHIBIT "B" (TO CONTRACT FOR SALE AND PURCHASE) PREPARED BY AND RETURN TO: Carole Wallace Post, Esquire Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, FL 33410 W/C Box 33 Property Control No. SPECIAL WARRANTY DEED THIS WARRANTY DEED, made effective this., day of. t ` between THE JOHN D. AND CATHERINE T. MacARTHUR FOUNDATION, an Illinois not - for - profit corporation hereinafter called the Grantor, whose mailing address is 4400 PGA Boulevard, Suite 900, Palm Beach Gardens, Florida 33410 -9680 to THE CITY OF PALM BEACH GARDENS, a Municipal Corporation existing under the laws of the State of Florida hereinafter called the Grantee, whose mailing address is 10500 N. Military Trail. Palm Beach Gardens, Florida 33410 (Wherever used herein the terms "Grantor" and "Grantee" are used for singular or plural, as context requires and include all the parties to this instrument and the heirs. legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in the County of Palm Beach, State of Florida, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF SUBJECT TO restrictions, reservations, covenants, conditions and A10 easements of record; taxes for the year and the years subsequent thereto; and all applicable laws, ordinances. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or In anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the said Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land In fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor does hereby fully warrant the Otte to said real property and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor but against none other whatsoever. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of As to Grantor. BY: Witness (print name of witness) GRANTOR: THE JOHN D. AND CATHERINE T. MacARTHUR FOUNDATION ATTEST: Witness (print name of witness) (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of by • as and as _ _, of THE JOHN D. AND CATHERINE T. MacARTHUI� FOUNDATION. an Illinois not-for-profit corporation. NOTARY PUBLIC (NOTARY SEAL) L (Pfint Name) My Commission Expires: Pemonagy Known O OR Produoed Idendfication O Type of ldentifScation: P:1CMIST0RY%3W".D0C (319.077) Exhibit "A" (Legal Description of Option Property) r FGAL DESCRIPTION: .4 PARCEL OF LAND LYL,IG LN SECTIONS 1 AND .', TOWNS ciTP 4? SOUTFF, RANGE 4: EAST, PALM BEACH COL -N- Y, FLORID., BELNG MGRS PARTICLqAItL.Y DESCRIBED AS FOLLOWS: COIVa [E:4CE AT THE SOUIT-11NEST CORNER OF Try NORi r -WEST ONE- QU.A.RTQ OF SAM SEC; TION 1: TH`NC,E NORTH 01 °53'5S' EAST. ALONG THE WEST LLNE OF SAID NORTHWEST ONE- QUARTER, A DISTANCE OF 732.20 F=- --T. TP —WNCE SOGTH S8°06'OS" EAST, DE.DARTING SAID WEST LINE, A DISTANCE OF 30.00 F'FFT TO T'c E POINT OF BEGINNING; Tr Et ICE NORTri O1 °.3'55" FAST. A DIST.-LNCL OF 542.10 FEET; TrMW3CE NOR'rA 330-o') 5- WEST, ALONG, IN PART, T"r:E NORTr? LLYE OF 117TH COUZtT, AS DESCRRIBED 1N OR3 6496, PAGE 325, OF THE PUMUC RECORDS OF SAID COUNTY, A DISTANCE OF 1758.02 FEET TO A ?ON'T ON A CURVE., FROM IVIECH A RA.DLA -L LIME BEARS NORTH.0.1°39'52" EAST; TH»CE _ NORTHWESTERLY, ALONG SAID NORTrl LINE, ON A CURVE CONCAVE TO TIE NORT -L HAVING A RADlLTS OF 1460.00 FEET, TrEtOUGr' A CF-N' 3AL. ANG1_F OF 17 °26'32" AND AN ARC DIS T ANCE OF 444.46 FEri i 0 TIM PORT I" OF TA.Ni GEVi CY; T HEi ICE NORTr` 70 °53'36" WEST, ALONG SAID NOR-M 1,24 7E., A D1ST:�vCE OF 273.98 TEI✓T; T:MNCE NORTH 25-16'43- V(7EST, ALONG SAM NORTH LINE, A DISTAII CE OF 57.24 FEE TO A POLNT ON TJ-� EAST LINE OF CENTRAL )50ULEVAQD. AS D1 S=ED L`I ORB 5104, PAGE 945, OF TIC PUBLIC RECORDS OF SAID COUNTY, RFi! G A. PORTr ON A CL VV£, FROM WIICi- A R- 4DL!kL ? -TNT BF -SRS SOUTH 69°39'50" EAST; TIHENCE NORTFMASTE.RLY, P.LONG SAID EAST LINE, ON A CURVE CONCAVE TO TIM SOUflM- AST, HAV Nrj A RADIUS OF 3759.72 FEET. TI-5ROUGH A CM-4TFAr A.,,1GL5 OF 10 °43'13" AND AN ARC DISTANCE OF 709.03 FFFT; 'iHE,�10E SOU4Tri 33°'_0' 15" b.'+ST. A DISTANCE OF 2992.34 FEET TO A PONT' ON THE WESTERLY RIG! --T -OF -WAY LLNE OF STATE ROAD NO. 9 (PER FD OT (1-95) . RIGHT -OF -WAY \d..a.° SECTION y0. 93220- 2474): TM`NCE SOUTH 3G °33' � ST. ALONG SAD w -ESTcRLY RTG'r:T -OF -WAY LRiF, A DIST:'►�`iCE OF 5 0.26 F_ —1: Tr3ENCE SOU 11:26 °33' 11" E AST, ALONG SAID WES X LY RIGI-I' -OF -WAY LDZE, A DISTANCE OF 432.72 F,-=r---r; TrEICE SOUT -F O1 °47' 15" WEST. DE'AR'ITNG SAID u'ESTERLY RIG!j-'I' -OF -WAY 11\1Z 2 DISTANCE F TO T'r� P`7JPIT GF BEGINNLNC' NORTH 83°33 14 WEST. A DISVJNCE OF THE ABOVE DESCRMED PARCEL OF LAND CONTAINS A_NI AitEA OF 31.79 ACRES, MORE OR LESS. 1Lr; 1`rojc" 2_V 7?:NS CGUR:.dcc .ps, "g_- 30fo% % EXHIBIT "A" (To Lease- Purchase Agreement) A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA: SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 1; SAID POINT BEING A POINT ON THE CENTERLINE OF A PALM BEACH COUNTY RIGHT-OF-WAY (A 100 FOOT RIGHT-OF-WAY). AS SHOWN ON THE PLAT OF SHADY LAKES, AS RECORDED IN PLAT BOOK 43, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ALSO BEING THAT CERTAIN RIGHT - OF -WAY DEEDED TO THE CITY OF PALM BEACH GARDENS, RECORDED IN OFFICIAL RECORDS BOOK 8013, PAGE 1150, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED SOUTH 882842" EAST, ALONG THE EAST -WEST ONE - QUARTER SECTION LINE OF SAID SECTION 1, A DISTANCE OF 50.00 FEET TO THE NORTHEAST CORNER OF SAID CERTAIN RIGHT -0E-WAY DEEDED TO THE CITY OF PALM BEACH GARDENS; THENCE DEPARTING SAID EAST -WEST SECTION LINE, SOUTH 01 056'52" WEST, ALONG THE EAST RIGHT -OF -WAY LINE OF SAID RIGHT-OF- WAY DEEDED TO CITY OF PALM BEACH GARDENS, A DISTANCE OF 14.48 FEET TO THE NORTHWEST CORNER OF THE -PLAT OF GARDEN LAKES & GARDEN SQUARE SHOPS, AS RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88037'35" EAST, ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 905.12 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 01651'21" EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 74.09 FEET; THENCE SOUTH 88'32'14" EAST, A DISTANCE OF 661.11 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 9 (1 -95), AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP SECTION NO. 93220- 2474; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 11553.16 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 62'4327" EAST; THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'16'38 ", A DISTANCE OF 660.82 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 30'33'11" EAST, A DISTANCE OF 204.41 FEET TO A POINT ON SAID NORTH LINE OF THE PLAT OF GARDEN LAKES & GARDEN SQUARE SHOPS; THENCE DEPARTING SAID WESTERLY RIGHT -0F -WAY LINE, NORTH 88'37`35 WEST, ALONG SAID NORTH PLAT LINE, A DISTANCE OF 1108.72 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 15.03 ACRES. MORE OR LESS. and A PARCEL OF LAND LYING IN SECTIONS 1 AND 2. TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 2; SAID POINT BEING A POINT ON THE CENTERLINE OF A PALM BEACH Page 1 of 2 COUNTY RIGHT -OF -WAY (A 100 FOOT RIGHT -OF -WAY), AS SHOWN ON THE PLAT OF SHADY LAKES, AS RECORDED IN PLAT BOOK 43, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ALSO BEING THAT CERTAIN RIGHT -OF -WAY DEEDED TO THE CITY OF PALM BEACH GARDENS, RECORDED IN OFFICIAL RECORDS- BOOK 9013, PAGE 1150, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED NORTH 88.23'40" WEST, ALONG THE EAST -WEST ONE - QUARTER SECTION LINE OF SAID SECTION 2, A DISTANCE OF 50.00 FEET TO THE NORTHEAST CORNER OF SAID PLAT OF SHADY LAKES AND THE SOUTHEAST CORNER OF DUNCAN B. WATSON SCHOOL SITE AA; THENCE NORTH 01 051'21' EAST, ALONG THE EAST LINE OF SAID SCHOOL SITE, A DISTANCE OF 1194.18 FEET TO THE NORTHEAST CORNER OF SAID SCHOOL SITE; THENCE CONTINUE NORTH 01 °51'21" EAST, ALONG THE NORTHERLY PROLONGATION OF SAID EAST LINE OF SAID SCHOOL SITE, A DISTANCE OF 80.00 FEET; THENCE SOUTH 68 622'49" EAST, DEPARTING SAID PROLONGATION LINE, A DISTANCE. OF 80,68 FEET; THENCE SOUTH 01 °51'21° WEST, A DISTANCE OF 542.12 FEET; THENCE SOUTH 88 °32'14' EAST, A DISTANCE OF 924.41 FEET; THENCE SOUTH 01.51'21" WEST, A DISTANCE OF 745.09 FEET TO A POINT ON THE NORTH LINE OF THE PLAT OF GARDEN LAKES & GARDEN SQUARE SHOPS, AS RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88.37'35" WEST, ALONG SAID NORTH UNE, A DISTANCE OF 905.12 FEET TO THE NORTHWEST CORNER OF SAID PLAT OF GARDEN LAKES & GARDEN SQUARE SHOPS, AND A POINT ON THE EAST RIGHT -OF -WAY LINE OF SAID PALM BEACH COUNTY RIGHT- OF-WAY; THENCE NORTH 01 °56'52' EAST, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 14.48 FEET TO A POINT ON THE EAST -WEST ONE - QUARTER SECTION LINE OF SAID SECTION 1; THENCE NORTH 88.28'42' WEST, ALONG SAID EAST -WEST ONE - QUARTER SECTION LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 18.18 ACRES, MORE OR LESS, OVERALL PARCEL CONTAINING 33.21 ACRES, MORE OR LESS. P %CP1til$TORY12861V.DOC(319.067) Page 2 of 2 TOTAL P.09 EXHIBIT B (Interlocal) LEGAL DESCRIPTION OF DISTRICT PARK PROPERTY PALM BEACH GARDENS DISTRICT PARK = Exhibit "B" rM INTERLOCAL AGPE 1T (Legal Description of Option Property) LEGAL I3ESCRIPTION: A PARCEL OF LAND LY24G ,ICI SECTIONS I AND : i M,111 I III �`•�d� �r 6 't 3:, 4 Z- CD in O c c < o A V D r Co A_ A x D O 0 0 m Z N ° o. S 1 a EXHIBIT 'B" ZD IN'MUDCAL. 1 ---------- --------- a� f>;:�•�e•IC:eii 14444444444444 :- ddCdCCC�d7:d s, Ix ^A a Q i a ,!I �r•'`� 6.0�� i�� S � I.1 a� a M s p � A a, IQN M MOaSY ----- --- -- --- -- =s xy. da n j v c r f>;:�•�e•IC:eii 14444444444444 :- ddCdCCC�d7:d s, Ix ^A a Q i a ,!I �r•'`� 6.0�� i�� S � I.1 a� a M s 1.. NORTH COUNTY DISTRICT PARK LAND- ACQUISITION C�� A a, MOaSY 1.. NORTH COUNTY DISTRICT PARK LAND- ACQUISITION EXHIBIT C (Interlocal) LEASE PURCHASE OPTION �►� :: • a� • • a� .2 117 .t-EASE PURCHASE AGREEMENT THIS AGREEMENT (`Agreement") is made and entered into this . day of 1998, by and between John D. And Catherine T. MacArthur Foundation ( "FOUNDATION ") and the City of Palm Beach Gardens, Florida, a Florida municipal corporation ('CITY"). RECITALS A. FOUNDATION is the owner of certain real property located in Palm Beach County, Florida, which property is more particularly described in Exhibit "X attached hereto and made a part hereof and which, togetherwith all improvements now or hereafter located therein, shall be referred to as the `Lease - Purchase Property'. B. CITY and FOUNDATION agree to enter into that certain lease attached hereto as Exhibit `B" ( "Lease's for the Lease - Purchase Property more particularly described in Exhibit "A ". C. CITY and FOUNDATION agree to enter into that certain Contract For Sale and Purchase attached hereto as Exhibit "C" ( "Contract") for the Lease- Purchase Property more particularly described in Exhibit "A ". NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and in further consideration of the mutual covenants contained herein, the parties, intending to be legally bound, hereby agree as follows: 1. RECITAL. The above Recitals labeled A through C, inclusive, are true and correct and are incorporated into this Agreement as if fully set forth herein. 2. LEASE. The parties agree that the CITY shall lease the Lease - Purchase Property pursuant to the terms and conditions contained in this Agreement and in the Lease. The Lease is incorporated into this Agreement by reference as fully as if set forth herein. The Lease term shall be for two (2) years and shall commence on Friday, May 8, 1998 and end on Monday, May 8, 2000 ( "Lease Term"), unless sooner terminated in accordance with the terms of this Agreement. The Lease shall terminate and shall be of no further force and effect upon CITY acquiring fee simple title to the Lease - Purchase Property from the FOUNDATION. Page 1 of 5 contained in this Agreement and in the Contract. The Contract is incorporated into this Agreement by reference as fully as if set forth herein. Notwithstanding anything to the contrary contained in the Contract, the parties agree that the closing date shall be the earlier of. (1) Monday, May 8, 2000 (the lease termination date) or (ii) the date of the termination of the Lease if terminated sooner. 4. INCORPORATIONXROSS- QEFAULT. The parties acknowledge that the Lease (Exhibit "B ") and the Contract (Exhibit "C ") are not independent agreements and have no force or effect except as incorporated and made a part of this Lease - Purchase Agreement. Further, the parties agree that should a default occur as to any obligation or responsibility as provided for in this Lease - Purchase Agreement, or any of the agreements attached hereto, a default as to one agreement shall be considered a default as to all agreements and shall relieve the non - defaulting party from all obligations and responsibilities set forth in the Lease- Purchase agreement and all of the agreements attached thereto. 5. ASSIGNMENT. This Agreement may not be assigned by either partywithout written consent by the other. FOUNDATION may withhold consent at its absolute discretion. 6. AGREEMENT ,RQT TO ENCUMBER. FOUNDATION agrees that it will not, without the prior written consent of CITY. (a) encumber the Lease - Purchase Property with mortgages, liens or other monetary encumbrance; (b) enter into any agreements whatsoever in connection with or affecting the Lease - Purchase Property; or (c) otherwise modify, after or amend any existing encumbrance affecting the Lease - Purchase Property. 7. RECORDING. Upon full and final acceptance by the parties of the Lease and Contract FOUNDATION and CITY shall execute and acknowledge a Memorandum of Lease- Purchase Agreement in the form attached hereto as. Exhibit "D" which shall be recorded in the Public Records of Palm Beach County, Florida, at CITY's sole option and expense. Recordation shall not occur prior to the expiration of the Inspection Deadline as set forth in the Contract. 8. ENTIRE AGREEMENT. This Agreement represents the entire understanding and agreement between the parties and supersedes all other negotiations, understandings and representations (if any) made by and between the parties. 9. AMENQM_ ENTS. The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only by a writing signed by the party as to whom enforcement of any amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 10. FURTHER ASSURANCES. The parties will from time to time execute and deliver any documents and do all matters and things which are convenient or necessary to more effectively and completely carry out this Agreement's intentions. Page 2 of 5 11. SMING EFFECT. All of the terms and provisions of this Agreement are binding upon, inure to the benefit of, and are enforceable by the parties and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns. 12. _NOTICES. All notices, requests, consents and other communications required or permitted to be given under this Agreement will be in writing (including telefax or telecopy) and shall be sent by certified mail, postage prepaid, return receipt requested, or shall be hand delivered or delivered by a recognized national overnight courier service, or shall be sent by electronic communication (whether by telefax, or telecopy), addressed to the address set forth on the Contract or to any other address or addresses as any party may designate from time to time by notice given in accordance with this Section. Any such notice will be deemed delivered: (a) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authority as not deliverable, as the case may be if mailed, (b) ort the date delivered by personal delivery, (c) on the date of delivery by a recognized national overnight courier service, or (d) on the .date of transmission if sent by electronic communication. 13. HEADINGS. The headings contained in this Agreement are for convenience of reference only, and do not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 14, SEVERABILITY. If any provision of this Agreement or any provision of any other Agreement entered into pursuant to this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, only that provision will be inapplicable and deemed omitted to the extent it is contrary, prohibited or invalid, but the remainder will not be invalidated and will be given full force and effect so far as possible. 15. SURVIVAL. All covenants, agreements, representations and warranties made in this Agreement or otherwise made in writing by any party pursuant to this Agreement will survive the execution and delivery of this Agreement and the consummation of the transactions contemplated. 16. WAIVERS. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, will not affect the right of that party to require performance of that provision or to exercise any right, power or remedy, and any waiver by any party of any breach- of any provision of this Agreement should not be construed as a waiver of any continuing or succeeding breach of provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case will, of itself. entitle a party to any other or further notice or demand in similar or other circumstances. 17. FENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party will be entitled to recover reasonable attorneys fees, court costs and all Page 3 of 5 expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 18. REMEDIES CUMULATIVE. No remedy in this Agreement conferred upon any party is intended to be exclusive of any other remedy, and each and every remedy will be cumulative and will be in addition to every other remedy given here or now or existing in the future at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy will preclude any other. 19. GQUNIERPARTS. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument 20. G9VERNIN_G_LAW: VENUF-: JURLS=TION. This Agreement and all transactions contemplated by this Agreement will be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. The parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of this Agreement occurred or will occur in Palm Beach County, Florida, and therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement will be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States, Southern District of Florida; (b) consents to the jurisdiction of each court in any suit, action or proceeding; and (c) waives any objection which it may have to the laying of venue of any suit, action or proceeding in any of such courts. 21. IN EPENDENT COUN$E]_,. The parties.here have received independent advice and counseling regarding the preparation and subject matter of this Agreement and all the terms and conditions it contains. This Agreement shall not be construed more strongly for or against any party, regardless of which party is deemed to have drafted the Agreement. 22. APPROVAL REQUIRED. The parties agree that this Agreement shall have no force and effect until duly approved by the City Council of the City of Palm Beach Gardens and the Board of Directors of John D. and Catherine T. MacArthur Foundation. If such approval by either body should occur subsequent to the commencement date as indicated herein, the parties agree that such approval shall be retroactive to said commencement date and shall not serve to alter or modify said commencement date or Lease Term. Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. WITNESSES: JOHN D. AND CATHERINE T. MACARTHUR FOUNDATION By: _. . Name:_ _ Title: CITY OF PALM BEACH GARDENS By Name: Title: Page 5 of 5 -sill � � �Inteclocal) Exhibit "D" to Interlocal PALM BEACH COUNTY LEASE AGREEMENT between PALM BEACH COUNTY A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (County) and THE CITY OF PALM BEACH GARDENS DRAFT A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA (City) F: \COMMON\A TTY\ WPDATA \GENGOVTUiFALCON\LEASES\Palm Beach Gardens.Lse Last Update: March 14, 2000 (11:52AM) TABLE OF CONTENTS ARTICLE I BASIC LEASE PROVISIONS PAGE Section 1.01 Premises ...................... ............................... 1 Section 1.02 Length of Term and Commencement Date ............................ 2 Section 1.03 Interlocal Agreement ............... ............................... 2 ARTICLE II RENT Section 2.01 Annual Rent ...... ... ............................ 2 Section 2.02 Assessments and Personal Property Taxes ............................ 2 Section 2.03 Additional Rent ................... ............................... 2 ARTICLE III CONDITION OF LEASED PREMISES, ALTERATIONS Section 3.01 Acceptance of Premises by City ..................... :............... 3 Section 3.02 Construction of Project .......... ............................... 3 Section 3.03 Alterations ...................... ............................... 3 ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES BY City Section 4.01 Use of Premises .............. ............................... . . 3 Section 4.02 Waste or Nuisance .............................................. 4 Section 4.03 Governmental Regulations ......................................... 4 Section 4.04 Non- Discrimination ................ ............................... 4 Section 4.05 Surrender of Premises ............................................ 4 Section 4.06 Concessions ..................... ..............................4 Section 4.07 Special Events ................... ............................... 5 ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of County and City ..... ............................... 5 Section 5.02 County's Right to Inspect ........... ............................... 5 ARTICLE VI UTILITIES ...................... ............................... 5 ARTICLE VII INSURANCE ..................... ............................... 6 ARTICLE Vlll INDEMNIFICATION .............................................. 7 ARTICLE IX DESTRUCTION OF PREMISES Section 9.01 Damage or Destruction by Fire, War or Act of God ...................... 7 ARTICLE X ASSIGNMENT AND SUBLETTING Section 10.01 Consent Required ................ ............................... 7 ARTICLE XI DEFAULT OF City Section 11.01 Events of Default ................. ............................... 8 ARTICLE XII ANNUAL BUDGETARY FUNDING/CANCELLATION .................... 8 ARTICLE XIII QUIET ENJOYMENT Section 13.01 County's Covenant ................ ............................... 8 ARTICLE XIV MISCELLANEOUS Section 14.01 Entire Agreement ................. ............................... 9 Section 14.02 Notices .......................... ..............................9 Section 14.03 Severability ..................... ............................... 9 Section 14.04 Broker's Commission ............. ............................... 10 Section 14.05 Recording ....................... .............................10 Section 14.06 Waiver of Jury Trial .............. ............................... 10 Section 14.07 Governing Law and Venue ......... ............................... 10 Section 14.08 Radon .......................... .............................10 Section 14.09 Time of Essence ................ ............................... 10 Section 14.10 Waiver, Accord and Satisfaction .... ............................... 10 Section 14.11 Non - exclusivity of Remedies ....... ............................... 10 Section 14.12 Construction .................... ............................... 11 Section 14.13 Effective Date of Agreement ....... ............................... 11 EXHIBITS Exhibit "A" The Premises_______________________ Exhibit "B" Conceptual Master Plan ...... ............................... . Exhibit "C" Concessionaire Insurance Requirements ......................... . Exhibit "D" Special Events Policies ......................................... AGREEMENT OF LEASE THIS LEASE made and entered into, , by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County" and THE CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "City ". WITNESSETH: WHEREAS, County and City have entered into that certain Interlocal Agreement of even date herewith relating to the purchase by County of certain real property located within the City of Palm Beach Gardens, and the development of such property by City as a district park, (the "Interlocal "); and WHEREAS, pursuant to the Interlocal, the parties have agreed that upon closing of County's acquisition of such property (the "Closing "), City shall lease such property from County and design, construct, operate and maintain a public park upon such property, in accordance with the terms of the Interlocal (the "Project "). WHEREAS, the Project will be of substantial benefit to the residents of Palm Beach County; and WHEREAS, County and City desire to enter into a fifty 50 year Lease of such property for the purposes hereinafter described. NOW THEREFORE, in consideration of the rents, covenants and agreements hereinafter reserved and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: ARTICLE 1 BASIC LEASE PROVISIONS Section 1.01 Premises. In consideration of the rents, covenants and agreements hereafter reserved and contained on the part of the City to be observed and performed, the County demises and leases to City, and City rents from County the approximately 82 acres of land legally described in Exhibit "A" attached hereto and made a part hereof (the "Premises "). The parties acknowledge that the Conceptual Master Plan attached hereto reflects a Community Center and Aquatic Facility as part of the Project. City desires to own the property upon which such facility is constructed. County agrees to consider a future request by City to exchange title to a portion of the Premises for a portion of the Lease Purchase Property, as such term is defined in the Interlocal, in order to facilitate construction of such facility. Section 1.02 Length of Term and Commencement Date. This Lease shall be effective upon the Effective Date as defined hereinafter. The term of this Lease shall commence upon the Closing of County's purchase of the Premises (the "Commencement Date "), and shall extend for a period of fifty (50) years thereafter (the "Term "), unless sooner terminated pursuant to the provisions of this Lease orthe Interlocal. The term of this Lease may be modified or extended with the mutual consent of the parties. Section 1.03 Interlocal Agreement. This Lease is made and entered into pursuant to the terms of the Interlocal, the terms, covenants, and conditions of which are incorporated herein by reference and made a part hereof. Any failure to fulfill the terms, covenants and conditions of the Interlocal Agreement shall constitute a default hereunder and any default under this Lease shall constitute a default under the Interlocal. In the event of a conflict between the terms of the Interlocal and this Lease, the Interlocal shall control. ARTICLE II RENT Section 2.01 Annual Rent. City shall pay County an annual net Rent of One ($1.00) Dollar (the "Annual Rent "), payable without notice on the Commencement Date and each subsequent anniversary thereof. Annual Rent shall be made payable to the Palm Beach County Board of County Commissioners and shall be delivered to the Palm Beach County Parks and Recreation Department, Administrative Services Division, 2700 6`h Avenue South, Lake Worth, Florida 33461. This Lease shall be what is commonly referred to as "triple net" to County, it being understood by the parties that County shall receive the rent payable hereunder free and clear of any and all impositions, taxes, liens, charges, and expense of any nature whatsoever relating to ownership or operation of the Premises, including without limitation those relating to taxes, if any, insurance, repair, maintenance, use, care, or operation. Section 2.02 Assessments and Personal Property Taxes. City shall pay before delinquency all ad valorem taxes, assessments, whether general or special, and all other personal property taxes and assessments of any kind or nature which may be levied by any governmental authority against the Premises, and/or City's personal property located on the Premises. In the event this Lease or City's use of the Premises renders the Premise subject to ad valorem real property taxes or similar impositions imposed by any governmental entity, City shall be responsible for and shall pay the same before delinquency. Section 2.03 Additional Rent. Any and all sums of money or charges required to be paid by City under this Lease other than Annual Rent shall be considered "Additional Rent," whether or not the same is K specifically so designated and County shall have the same rights to enforce due and timely payment by City of all Additional Rent as are available to County with regards to Annual Rent. ARTICLE III CONDITION OF LEASED PREMISES, ALTERATIONS Section 3.01 Acceptance of Premises by City. City certifies that City has inspected the Premises and accepts same "As Is", in its existing condition together with any defects, latent or patent, if any, subject to all matters of record. City further acknowledges that County has made no representations or warranties of any nature whatsoever regarding the Premises, including, without limitation, the physical condition of the Premises, any improvements or equipment located therein, or the suitability thereof for City's intended use thereof. No repair work, alterations, or remodeling of the Premises is required to be done by County as a condition of this Lease. Section 3.02 Construction of Project. City shall design and construct the Project at City's sole cost and expense, in accordance with the requirements of this Lease, the Interlocal and the Conceptual Master Plan attached hereto as Exhibit "B ". All of City's construction and improvements shall be made and performed in a good and workmanlike manner and in full compliance with applicable building codes and zoning regulations and shall be diligently performed to completion. Section 3.03 Alterations. After completion of the Project and issuance of a certificate of completion therefore, City shall not make any improvements, additions, modifications or alterations to the Premises costing in excess of $100,000 (hereinafter collectively referred to as "Alterations "), without the prior written consent of County in each instance. City shall submit detailed plans and specifications for all such Alterations to County for County's written approval prior to commencing work on same. City agrees and acknowledges that all work performed to the Premises, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit of City, and not for the benefit of County, such work being nevertheless subject to each and every provision of this Lease and the Interlocal. All work done by City shall be done in a good and workmanlike manner and shall be diligently prosecuted to completion strictly in accordance with the approved plans and specifications therefor. Upon giving its approval for any work or Alterations, County may specify whether the Alteration is to be removed by City, at City's sole cost and expense, upon the termination or expiration of this Lease. ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY Section 4.01 Use of Premises. 3 City shall use and occupy the Premises solely and exclusively for a public park as specified in this Lease, the Interlocal and the Conceptual Master Plan. City shall not use, permit, or suffer the use of the Premises for any other purpose whatsoever without the priorwritten consent of County, which consent may be granted orwithheld in County's sole discretion. Section 4.02 Waste or Nuisance. City shall not commit or suffer to be committed any waste upon the Premises, commit or permit the maintenance or commission of any nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which may affect County's fee interest in the Premises or which results in an unsightly condition. All refuse is to be removed from the Premises at City's sole cost and expense and City will keep such refuse in proper fireproof containers on the interior of the Premises until removed. Lessee will keep the access to the Premises, the parking areas and other contiguous areas to the Premises free and clear of obstruction. City, at its sole cost and expense, will keep the Premises free of rodents, vermin and other pests. Section 4.03 Governmental Regulations. City shall, at City's sole cost and expense, comply with all ordinances, laws, statutes and regulations promulgated thereunder of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to City or its use of the Premises, or the Premises generally. City shall not use, maintain, store or dispose of any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents on the Premises or any adjacent land in any manner not permitted by law. City shall indemnify, defend and save County harmless from any and all penalties, fines, costs, expenses, suits, claims, or damages resulting from City's failure to perform its obligations in this Section. Section 4.04 Non - Discrimination. City shall assure and certify that it will comply with the Title IV of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R92 -13, and shall not discriminate against any individual on the basis of their race, color, national origin, religion, ancestry, sex, age, martial status, sexual orientation or disability with respect to any activity occurring on the Premises or under this Agreement. Section 4.05 Surrender of Premises. Upon termination or expiration of this Lease, City shall, if so directed by County, remove, at its sole cost and expense, City's personal property, removable fixtures, equipment and Alterations from the Premises, and shall surrender the Premises to the County in good condition and repair. Alternatively, County may elect to have title to any or all improvements or Alterations vest in County as of such expiration or termination. Section 4.06 Concessions. City may sublease concession space on the Premises to youth league non - profit organizations for sale of food and /or merchandise. Any such sublease or license shall incorporate the terms of this Lease by reference and include the insurance requirements 4 contained in the attached Exhibit "C" as the same may be amended from time to time by County in its reasonable discretion. City shall be entitled to retain the proceeds generated by such subleases. Such subleases shall not release City from any of its obligations under this Lease. Further, City shall comply with and City shall be obligated to ensure that such sublessees comply with the terms of this Lease and all applicable federal, state, and county laws, rules, regulations and ordinances pertaining to the foregoing including, without limitation, the sale of retail goods, food and beverages and the collection and remittance of sales tax as applicable. Section 4.07 Special Events. City shall be entitled to grant short term licenses reserving the park's picnic facilities for use by groups. Any such special events license shall incorporate the terms of this Lease by reference and include the insurance requirements and special events policies contained in the attached Exhibit "D" as the same may be amended from time to time by County in its reasonable discretion. City shall be entitled to retain the proceeds generated by such licenses. Such licenses shall not release City from any of its obligations under this Lease. Further, City shall be obligated to ensure that such licensees comply with the terms of this Lease and all applicable federal, state, and county laws, rules and ordinances. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of County and City. County shall not be obligated or required to make or conduct any maintenance or repairs whatsoever to the Premises. City shall keep and maintain all portions of the Premises, and all improvements and Alterations constructed on or about the Premises, in good condition and repair, at City's sole cost and expense. Section 5.02 County's Right to Inspect. County or County's agents shall have the right, upon reasonable prior notice to City (except that no notice need be given in case of emergency) to enter the Premises for the purpose of inspection of the Premises and the improvements located thereon. Any such entrance into the Premises shall be conducted by County in a manner calculated to minimize interference with or disruption of City's operations within the Premises. ARTICLE VI UTILITIES' City shall be solely responsible for all costs and expenses relating to providing utility service to the Premises and shall pay directly to the utility company or the provider of such service all charges and assessments for any utility services provided including, without limitation, water, sewer, gas, electricity, trash collection and removal or any other utility used or consumed on the Premises. In no event shall County be liable for an interruption or failure in the supply of any such utility to the Premises. 5 ARTICLE VII INSURANCE Without waiving the right to sovereign immunity as provided by s.768.28 fs., CITY acknowledges to be self- insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event CITY maintains third -party Commercial General Liability and Business Auto Liability, in lieu of exclusive reliance of self- insurance under s.768.28 fs., CITY agrees to maintain said insurance policies at limits not less than $500,000 each occurrence. CITY agrees to add the COUNTY as an "Additional Insured" with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or similar endorsement, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Aqents, c/o Parks & Recreation Department, CITY agrees the Additional Insured endorsement provides coverage on a primary basis. Claims -bill indemnification style coverage shall not be considered third -party liability for the purpose of this paragraph. CITY agrees to maintain or to be self- insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. CITY agrees to maintain property insurance, which would include builder's risk insurance provide by CITY or CITY's hired contractor, while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum. CITY agrees to endorse COUNTY as an "Additional Insured" on the builder's risk. When construction is completed, CITY agrees to maintain all -risk property insurance for adequate limits of coverage on the building(s) and contents based on CITY's replacement cost calculation, or the highest probable maximum loss estimate for the perils of either fire, wind, or flood. CITY agrees to be fully responsible for any deductible, uncovered loss, or self- insured retention. When requested, CITY agrees to provide a statement or Certificate of Insurance evidencing insurance, self- insurance and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve CITY of its liability and obligations under this Agreement. CITY agrees it's self- insurance, general liability, automobile liability, and property insurance shall be primary as respects to any coverage afforded to or maintained by COUNTY. 0 ARTICLE VIII INDEMNIFICATION It is understood and agreed that City is merely a Tenant of County and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. City shall to the extent permitted by law, indemnify, defend and save harmless the County from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease including without limitation those arising as a result of City's use and occupancy of the Premises, any personal injury, loss of life, environmental contamination, and/or damage to property sustained in or about the Premises by reason, during or as a result of the use and occupancy of the Premises by the City, its agents, employees, licensees, invitees and the general public, and from and against any orders, judgements, and/or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim at trial or on appeal. In the event County shall be made a party to any litigation commenced against City or by City against any third party, then City shall protect and hold County harmless and pay all costs and attorney's fees incurred by County in connection with such litigation, and any appeals thereof. Notwithstanding anything herein to the contrary, City shall not be obligated to indemnify or hold harmless County for matters which are judicially determined to be attributable to the negligent or intentional acts or omissions of County. City recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the County in support hereof in accordance with the laws of the State of Florida. This section shall survive the termination of this agreement. ARTICLE IX DESTRUCTION OF PREMISES Section 9.01 Damage or Destruction by Fire, War or Act of God. In the event the Premises shall be destroyed or damaged or injured by fire or other casualty during the Term of this Lease, City shall restore the Premises to the same or better condition then that which existed prior to such casualty. City shall commence such restoration within a reasonable time after such casualty but in no event later than one hundred and eighty (180) days of such casualty. City shall thereafter diligently pursue such restoration to completion. ARTICLE X ASSIGNMENT AND SUBLETTING Section 10.01 Consent Required. Except as otherwise provided herein regarding concessions and licenses, City may not assign, mortgage, pledge or encumber this Lease in whole or in part, nor sublet or rent all or any portion of the Premises nor grant any easements affecting the Premises, without prior written consent of County, which may be granted or withheld at County's absolute 7 discretion. This provision shall be construed to include a prohibition against any assignment, mortgage, pledge, encumbrance, or sublease, by operation of law, legal process, receivership, bankruptcy, or otherwise, whether voluntary or involuntary. ARTICLE XI DEFAULT OF CITY Section 11.01 Events of Default. The occurrence of any one or more of the following shall constitute an Event of Default by City under this Lease: (i) City's default under the Interlocal; (ii) City's failure to pay any sum due hereunder within thirty (30) days after the same shall become due; (iii) City's failure to perform or observe any of the agreements, covenants or conditions . contained in the Lease on City's part to be performed or observed if such failure continues for more than sixty (60) days after notice from County unless the same is of such a nature that it can not reasonably be cured within such a time period, in which event City shall be entitled to a reasonable period under the circumstances; or (iv) City's vacating or abandoning the Premises. If any Event of Default occurs, then at anytime thereafterwhile the Event of Default continues, County shall have the right to give City notice that County intends to terminate this Lease upon a specified date not less than thirty (30) days afterthe date notice is received by City, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured within the thirty (30) day period and the County is so notified, this Lease will continue. ARTICLE XII ANNUAL BUDGETARY FUNDING /CANCELLATION This Agreement and all obligations of County hereunder are subject to and contingent upon annual budgetary funding and appropriations by the Palm Beach County Board of County Commissioners. ARTICLE XIII QUIET ENJOYMENT Section 13.01 County's Covenant. Upon payment by the City of the Rent and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on City's part to be observed and performed, City shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised without hindrance or interruption by County or any other person or persons lawfully or equitably claiming by, through or under the County, subject, nevertheless, to the terms and conditions of this Lease. ARTICLE XIV MISCELLANEOUS Section 14.01 Entire Agreement. This Lease, the Interlocal, and any Exhibits attached thereto, constitute all agreements, conditions and understandings between County and City concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease, and the Interlocal. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon County or City unless reduced to writing and signed by them. Section 14.02 Notices. Any consents, approvals and permissions by the County shall be effective and valid only if in writing, and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested, addressed: (a) If to the County at: Property and Real Estate Management Division 3323 Belvedere Road, Building 503 West Palm Beach, FL 33406 -1548 with a copy to: Palm Beach County Parks and Recreation Department 2700 6th Avenue, South Lake Worth, FL 33461 (b) If to the City at: City of Palm Beach Gardens City Hall: 10500 N. Military Trail PBG Gardens, FL 33410 Either party hereto may change the address for service of notices required or permitted hereunder upon ten (10) days prior written notice. All notices given hereunder shall be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date as the postal authorities shall show the notice to have been delivered, refused, or undeliverable, as evidenced by the return receipt. Section 14.03 Severability. If any term of this Lease or the application thereof to any person or circumstances shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 14.04 Broker's Commission. Each of the parties represents and warrants to the other that they have not dealt with any real estate salesperson, agent, finder or broker in connection with this Lease. Section 14.05 Recording. City shall not record this Lease, or any memorandum or short form thereof, without the written consent and joinder of County. Section 14.06 Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counter claims, brought by either of the parties hereto against the other, in connection with this Lease. Section 14.07 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County, Florida. Section 14.08 Radon. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from County's public health unit. Section 14.09 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. Section 14.10 Waiver, Accord and Satisfaction. The waiver by County of any default of any term, condition or covenant herein contained shall not be a waiver of such term, condition or covenant, or any subsequent default of the same or any other term, condition or covenant herein contained. The consent or approval by County to or of any act by City requiring County's consent or 10 approval shall not be deemed to waive or render unnecessary County's consent to or approval of any subsequent similar act by City. Section 14.11 Non - exclusivity of Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 14.12 Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section,. paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 14.13 Incorporation by References. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. Section 14.14 Effective Date of Agreement. This Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. INTENTIONALLY LEFT BLANK 11 IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the day and year first above written. ATTEST: PALM BEACH GARDENS By: By: Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Palm Beach Gardens' Attomey ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS DOROTHY H. WILKEN, CLERK BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney LISTS OF EXHIBITS Description Exhibits The Premises Exhibit "A" Conceptual Master Plan Exhibit "B" Concessionaire Insurance Requirements Exhibit "C" Special Events Policies Exhibit "D" EXHIBIT "A" to Lease The Premises y._ EXHIBIT nAu TO LEASE PALM BEACH GARDENS DISTRICT � (Legal Description of Option Propertl) LEGAL DESCRIPTION: A PARCEL OF LAND LYTi 1G IN SECTIONS 1 .AaND � TOWNS a? SOLTTI-- RANCE 42 EAST, PALM BEACH COUNTY. FLOR lDjA BELNG MORE PA RTTCTM ABLY DESCRIBED AS FOLLOWS: C0NRAENCE AT T-IM SOti -MI NEST CORNER OF rrM NOR r_ -WEST ONE- QU.AR7Sv, OF SA17? SECTION 1; THENCE NORTH 01 °53'5.7' EAST, ALONG THE WEST LLNE OF SAID NORTHWEST ONE-QUARTER, A DISTANCE OF i -2.20 FEET; TP—ENCE SO(, -M SM6'OS" EAST, DEDARTNG SAID WEST LINE, A DISTANCE OF 30.00 FEET TO T'rM PO12q'T OF BEGM11TNG; T' -t CE i iORTn 01 °53'55" FAST. A DIST ONCE OF 542.10 FRET; Tr c zNCE NORTTd 33 °20' 15" WEST, ALONG, IN PART, Try NORTH- LLNY OF 1171H COURT, AS DESOLMED N ORS 6496, PACE 325, OF T1 6E PUBLIC RECORDS OF SAID COUNTY, A DISTANCE OF 1758.02 FEET TO A POLNT ON A CURVE...,, FROM MUCH A RADIAL I -INE BEARS NORTH. 0.1°39'52" EAST; THa4CE _ NORTHWESTERLY, ALONG SAID NORM-7. LLNE, ON A CURVE CONCAVE TO TIM NORTH; LAVING A RADIUS OF 1460.00 FEET, TrMOUGF. A CENTRAL ANGLE OF 17 °26'32" AND AN ARC DISTANCEE OF 444.46 FEE1 TO THE POR , OF TANG -Z CY; THENCE NORTr' 70 °53'36' WEST, ALONG SAID NORTI R LL?`i - A DISTANCE OF 27.33.98 TEET; T.HE iCE NORT;-? 25 °16'43" VlS'ST, ALONG SAID NiORTE LINE, A DISTANCE OF 57.24 FE>r i TO A POEq T' ON THE EAST LINE OF CENTRAL BOULEVARD, AS DESCRIBED LN ORB.5104. PAGE 945, OF THE PUBLIC RECORDS OF SAID COUNTY, Rx`NG A POLN7 ON A CURVE, FROM WFJCE A p_ADLkL LSE BEARS SOUTH 69039'50" EAST, Tr�(CE NORTiMASTE.RI.Y. PRONG SAID EAST LINE. ON A CURVE CONCAVE TO TIM SOUIT-T-AST, HAVING A RADIUS OF 3759.72 FEE TI -MOUGF A C`..NT1 kT ANJGLB OF 10 °43' 13" AND AN ARC DISTANCE OF 709.03 �T; THENCE SOU'Tri 83`20'15" BAST. A DISTANCE OF 2992.34 FEET TO A POLNT N THE WESIMM -Y RIG'= I'- OF -WAY LINE OF STATE ROAD NO. S (PER FDOT (1-95) �JGHT -OF -WAY VL3.° SECTION (qO. 93220- 2474); T:M-qCE SOLrn-= 30 °33' 11" EAST. LONG SAD VrESTrR.LY RIGHT- OF-WAY LLV'E„ A DIST:+►NCE OF 530._6 FF�: TENCE SOUi.: 26033'11" EAST, ALONG SAID WESTERLY RUC-1---T-OF-WAY LL`-F- A STANCE OF 432.72 FEET; T -HENCE SOU I-. 01-41115 WEST . DE?.kRTLNG SAID 'STERLY RIGryi-T- OF-WAY LINE. A DISTANCE OF 5 =4.37 -=ET; T=ai CE NORTP 12-14" WEST. A DISTANCE OF 1236.51 FEET TO T-AE POINT OF BEGI NWLNG. ABOVE DESCRIBED PARCEL OF LAND CONTAINS A_N. AREA OF 31.79 ACRES, E OR i__FSS. s:� D.._ �9_00 �S CGURT.dcc EXHIBIT "B" to Lease Conceptul Master Plan i t Ell IZ r LU Cl) 45 rL EXHIBIT "B" TO LEASE Pill -k-' 1W U., =D91 lk I lit NN IT 13 C=D 4 Wj CL. 1! if lit NN IT 13 C=D 4 EXHIBIT "C" to Lease Concessionaire Insurance Requirements City shall require all concessionaires to maintain Commercial General Liability with limits of liability not less than $1,000,000, and to endorse both the County and City to the policy as an Additional Insured. City shall obtain and, when requested by the County, furnish copies of certificates of insurance evidencing such coverage for the concessionaire. Compliance with this requirement shall not relieve City's duty to comply with Article VII of this Lease regarding insurance. EXHIBIT "D" to Lease Special Events Policies Except for County- sponsored events, when City permits or schedules the use of the Premises for a special event or use by outside persons /groups, City shall require the special event or outside person /group to maintain Commercial General Liability with limits of liability not less than $1,000,000, and to endorse both the County and City to the policy as an Additional Insured. City shall obtain and, when requested by the County, fumish copies of certificates of insurance evidencing coverage for the special event or outside person/group. Compliance with this requirement shall not relieve City's duty to comply with Article VII of this Lease regarding Insurance. EXHIBIT E (Interlocal) CONCEPTUAL MASTER PLAN << z w a W I a U' a a fi 2- i1 07€ c E HJII IT "E" 70 iNTERIOCAL i. W I g � F r � a w 0 t= � E "s� et� Pl - ; g` 1 1 c fi 1 r u ii{{ an off ° e it A {I ct . W co rL �} w a w � CD H t C a I g � F r � a w m t= � w w J Q ct . C a CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 6, 2000 Date Prepared: March 17, 2000 SUBJECT /AGENDA ITEM: SP -99 -22 Consideration for Approval: Resolution 30, 2000, a request for a major site plan approval for Lot 2A, which is a parcel within the NorthCorp PCD. This application requests the approval of a 29,890 square foot design center, to be known as Hilda Flack Interiors. RECOMMENDATION: Staff recommends that Resolution 30, 2000 be approved with conditions. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorne� Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA — Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: a Resolution 30, 2000 Paper: [ ]Other NorthCorp Master Plan Lot 2A Site Plan and Landscape Plans Aerial photo Urban Design Studio letters of 2/16/00, 2/17/00, and 313/00 LBFH memo of [X] Not Required 2/17/00 03 •�o • Submitted by: oo Growth Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [X] Not required 1 City Council Meeting Date: April 6, 2000 Date Prepared: March 17, 2000 Petition SP -99-22 REQUEST: Urban Design Studio, agent for NorthCorp Development, Inc., is requesting major site plan approval for Lot 2A, which is a parcel within the RCA Plat of the NorthCorp PCD. The 2.94 -acre site is currently vacant. The applicant requests the approval of a 29,890 square foot design center on Lot 2A. The site is located on the north side of RCA Boulevard in the northwest quadrant of its intersection with Alternate AM on the north border of the NorthCorp PCD. (6- 42S -43E) BACKGROUND: Lot 2A is part of the NorthCorp 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 development order. It also provided an approval mechanism for future petitions for lots 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. Ordinance 1, 1990 anticipated that most of the uses within NorthCorp PCD would be office or warehouse. Staff has examined the nature of this proposed use to determine if it falls within the anticipated range of uses in this PCD, and is satisfied that the impact and nature of this use are compatible with the original development order. Indeed, the City has already approved a very similar use in NorthCorp. Decorators Unlimited, which was approved by Resolution 48, 1996, is a nearly identical use. LAND USE & ZONING: The subject site is zoned Planned Community District (PCD), has a future land use designation of Industrial (1), and is listed as Commerce and Trade (CT) on the Vision Plan. For a complete listing of adjacent uses, land use designations and zoning districts, see Table 1. Table 2 examines how consistent the proposed project is with the City Code and with Ordinance 1, 1990. CONCURRENCY: The proposed project is not subject to concurrency because it is part of a large, previously approved planned development with a certain amount of capacity reserved. The City's traffic consultant has reviewed the project, however, to be sure that there is sufficient traffic capacity left in the PCD to support the proposed development of Lot 2A. Drainage has been reviewed by the City Engineer. 2 City Council Meeting Date: April 6, 2000 Date Prepared: March 17, 2000 Petition SP -g9-22 PUBLIC & PRIVATE SERVICES: The City's Development Review Committee (DRC) discussed the request at its meeting on January 27, 2000. A listing of the various departmental comments is attached for review. PROCEDURE: This is a request for a major site plan approval within an approved PCD. According to Ordinance 1, 1990, this project shall be reviewed by the City's Planning and Zoning Commission (sitting as the Site Plan and Appearance Review Committee) and by the City Council. Approval is to be by Resolution, and neither public notice nor a public hearing are required. The request is reviewed by the Development Review Committee (DRC), who forwards comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request and makes a final determination of approval, approval with conditions, or denial. PROJECT DETAILS: Project Summary This proposal calls for the construction of a one -story, single- tenant building of 29,890 square feet, which will be used for a design center. The specific user is Hilda Flack Interiors, a high -end business currently operating in three locations in the southeast. According to the project's agent, the building will contain 21,247 square feet of showroom, 2,814 square feet of office, 2,257 square feet of 'design center', and 3,572 square feet of warehouse. In the showroom will be several "rooms" where interior design techniques and furnishings will be displayed. The applicant anticipates about 10 employees. They expect only about 2 -6 customers in the building at any one time, since much of their business is done off site in customers' homes. Some discussion of parking for this use is in order. The City Code does not have a category for this exact type of business. A reasonable approach would be to apply the closest parking rates that the Code does recognize. In addition, the new City code, which is currently being reviewed, has some parking rates for uses which are very close and can thus be applied: 3 City Council Meeting Date: April 6, 2000 Date Prepared: March 17, 2000 Petition SP -99 -22 Warehouse: 1 space /employee (greatest shift) + 1 space /2000 s.f. Office: 1 space /300 s.f. Design Center = Interior Design (new code): 1 space /250 s.f. Showroom (new code): 1 space /500 s.f. Applying these rates to the internal square footages provided by the applicant (assuming that 5 of the 10 employees are assigned to the warehouse area) yields a required parking total of 70. The site plan is providing 81 spaces, but this total will fall to 79 when a connection point is established with the project to the north, which is proposed in the future. The applicant points out that the ITE (Institute of Transportation Engineers) parking generation manual also does not have a parking rate for this use. It does have a recommended rate for furniture stores, which is 1.5 spaces /1000 s.f. This calculation would yield 45 spaces for this building. Since the City Code does not have a required rate, and since the applicant's provision of 79 spaces is more than the 70 which this site would require if each use were calculated separately, staff is satisfied with the parking provided for this use. However staff has alerted the applicant that having such a limited number of parking spaces could limit the future uses of this building. For example, 29,890 s.f. of office would require 100 spaces under today's Code. Building Site The site, which totals 2.94 acres in size, is generally rectangular with a depth of 215' and a width of 500+ feet. It lies on the north side of RCA Drive just east of the Hampton Inn in the RCA plat of Northcorp PCD. The site is undeveloped and vacant, and contains only annual grasses. There is a 50' drainage easement which straddles the north property line. This easement now contains a drainage ditch, but the applicant is seeking approval to pipe and fill this ditch to allow parking and landscaping closer to the north property line. No trees or vertical structures will be allowed in this easement. The petitioner proposes to develop this project in one phase. A vehicular interconnection, which is supported by the City, will be installed after this property and the property immediately to the north are both built. Site Access The site will have a driveway onto the future roadway on the west side, which will be known 4 City Council Meeting Date: April 6, 2000 Date Prepared: March 17, 2000 Petition SP -99 -22 as NorthCorp Drive. The applicant will be required to construct this roadway. No access is being proposed onto RCA Boulevard. Signa_ge No ground signs are being proposed. The plan does call for three flat wall signs, one on the east facade of the building (facing the FEC Railroad and Alternate Al beyond), one on the west facade, and one on the south facade. Staff does not believe that the sign code allows for the sign on the east facade. The applicant disagrees and has offered their rationale in a memo dated February 1, 2000 (attached). The petitioner has also provided a waiver justification for the additional sign. Waivers: The applicant is requesting the following waivers: 1. The code does not currently allow specialty pavers. Since they want to use them in selected areas, they are requesting a waiver to do so. 2. The sign code allows only two wall signs on the building. The applicant proposes three. DRC COMMENTS: The following review agencies or individuals had no comment on the proposal: City Attorney, Fire Marshal, Public Works, Code Enforcement, Parks & Recreation, Public Information, Waste Management, Palm Beach County School Board, City Environmental Consultant. Planning Division The Planning Staff reviewed this petition and offered the following initial comments and recommendations: 1. The City's traffic consultant is reviewing a traffic statement submitted by the applicant. This review must be complete prior to City Council approval. 2. The applicant shall be responsible for the maintenance of the landscaping and irrigation in the RCA Boulevard right -of -way and in the right -of -way of the new north -south road on the west side of the site ( NorthCorp Drive), if the Northcorp Property Owners' Association terminates their maintenance of said areas. 3. The applicant shall construct the new north -south road on the west side of this site ( NorthCorp Drive) prior to the issuance of the Certificate of Occupancy for this building. 4. Prior to initial review of this petition by the City Council, the applicant shall 5 City Council Meeting Date: April 6, 2000 Date Prepared: March 17, 2000 Petition SP -99 -22 5. revise the site and landscape plans to accurately reflect all of this property's easements. 6. Prior to the issuance of a building permit, written permission from all easement holders must be obtained for parking, landscaping or any otherimprovements in the project's easements. 7. The project must comply with Northcorp PCD's buffer and streetscape requirements, as approved by the City Forester. 8. If the use of the building changes in the future, the project must be re- reviewed by the City in order to assess potential use, traffic, and parking issues. Building Department The wall sign on the east elevation is not allowed per sign code section 110 -37. City Engineer See comments in memo of 2/17/00 (attached). The City Engineer has also attached a condition of approval: 1. During detailed design, the applicant shall provide the required drainage easements and land rights, to the satisfaction of the City Engineer, that will allow for the reconstruction of the culvert under RCA Boulevard and the sufficient drainage ditch cross - section from RCA Boulevard north to the confluence with the east -west drainage easement located along the north side of the subject property. Palm Beach Gardens Police The Police Department has prepared a crime prevention matrix for the applicant's use. Seacoast Utility Authority Seacoast requested revised drainage plans and an updated survey from the applicant. They wanted to be sure that their existing lines will not be affected by the drainage provisions which this applicant is responsible for, both for the applicant's on -site drainage and from the outfall from the 72" drainage pipe along the north side of the property. After reviewing the plans, Seacoast requested a condition of approval requiring the applicant to provide a 20' utility easement west of the 50' drainage easement. Site Plan and Appearance Review Committee: The Site Plan and Appearance Review Committee reviewed this project on February 22, 1.1 City Council Meeting Date: April 6, 2000 Date Prepared: March 17, 2000 Petition SP -99 -22 2000. The Committee expressed a number of concerns, including a lack of buffering for the loading area, a lack of an internal sidewalk, the questionable functionality of the port- cochere, and a lack of a building access on the north side of the building. The applicant has submitted revised drawings in response, with the following highlights: 1. Reduction in building size from 30,000 s.f. to 29,890 s.f. 2. Addition of sidewalks on west and south 3. Move Art in Public Places to southwest corner 4. Add second building entry on north 5. Clarification of the specifications for royal palms at entrance 6. Additional buffering of loading area 7. Additional landscape island and landscaping on north, which eliminates the need for two waivers 8. Removal of port - cochere 9. Addition of more architectural detailing This project was reviewed again by the Site Plan and Appearance Review Committee on March 14, 2000. After reviewing the improvements offered by the petitioner, the Committee recommended approval of the petition, subject to the conditions offered by the Planning staff less condition #4, which has now been complied with. The Committee also added a new condition, requiring that the landscape berm be a minimum of 3' high at all points. The Committee also recommended the approval of the waivers requested by the petitioner. Recommendation: Based upon staff review of this project and upon the recommendation of the Site Plan and Appearance Review Committee, staff recommends approval of Petition SP- 99 -22, subject to the following conditions: 1. The applicant shall be responsible for the maintenance of the landscaping and irrigation in the RCA Boulevard right -of -way and in the right -of -way of the new north -south road on the west side of the site ( NorthCorp Drive), if the Northcorp Property Owners' Association terminates their maintenance of said areas. (City Forester) 2. The applicant shall construct the new north -south road on the west side of this site ( NorthCorp Drive) prior to the issuance of the Certificate of Occupancy for this building. (Development Compliance Officer) 7 City Council Meeting Date: April 6, 2000 Date Prepared: March 17, 2000 Petition SP -99 -22 3. Prior to the issuance of a building permit, written permission from all easement holders must be obtained for parking, landscaping or any other improvements in the project's easements. (Development Compliance Officer) 4. The project must comply with Northcorp PCD's buffer and streetscape requirements, as approved by the City Forester. (City Forester) 5. If the use of the building changes in the future, the project must be re- reviewed by the City in order to assess potential use, traffic, and parking issues. (Planning ) 6. During detailed design, the applicant shall provide the required drainage easements and land rights, to the satisfaction of the City Engineer, that will allow for the reconstruction of the culvert under RCA Boulevard and the sufficient drainage ditch cross - section from RCA Boulevard north to the confluence with the east -west drainage easement located along the north side of the subject property. (City Engineer) 7. The berm shall be a minimum of 3' high at all points. (City Forester) 8. Prior to the issuance of a building permit, the applicant shall provide a 20' utility easement immediately west of the 50' drainage easement which parallels the east property line. (Development Compliance Officer) N Subject Property Vacant PCD City Council Meeting Date: April 6, 2000 Date Prepared: March 17, 2000 Petition SP -99 -22 I (Industrial) North Vacant M -1 MXD Parcel 5B Research and Light Mixed Use Industrial South Northcorp Center PCD I (Industrial) West Hampton Inn PCD I (Industrial) East FEC Railroad and A1A N/A N/A City Council Meeting Date: April 6, 2000 Date Prepared: March 17, 2000 Petition SP -99 -22 Site Zoning =PCD Design Center Yes Also subject to Ord. 1, 1990 Office /showroom /whse. Minimum Building Site As shown on master plan Yes Area , Minimum Site Lot Coverage 23% Yes 40% Minimum Open Space 28% 42% Yes Maximum Building Height 8 stories 25' one story Yes Front Setback 25' 63' Yes G /shoa/sp9922.cc 10 March 17, 2000 RESOLUTION 30, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A MAJOR SITE PLAN FOR LOT 2A OF THE RCA PLAT OF THE NORTHCORP PLANNED COMMUNITY DISTRICT (PCD), LOCATED ON THE NORTH SIDE OF RCA BOULEVARD JUST WEST OF ITS INTERSECTION WITH THE FEC RAILROAD; 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 without advertising and were to be approved by resolution; and WHEREAS, the City of Palm Beach Gardens received an application from NorthCorp Development, Inc. for a major site plan approval for Lot 2A in the RCA plat of the NorthCorp PCD as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the City's Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Site Plan and Appearance Review Committee has reviewed the application and recommended that it be approved subject to several conditions; and WHEREAS, the City Council has determined that the petition is consistent with the City's Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves a major site plan for Lot 2A of the NorthCorp PCD to allow the construction of a 29,890 square foot design center and related improvements. Section 2. All provisions and conditions of Ordinance 1, 1990 shall remain in full force and effect. Section 3. This approval is subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. The applicant shall be responsible for the maintenance of the landscaping and irrigation in the RCA Boulevard right -of -way and in the right -of -way of the new north -south road on the west side of the site (NorthCorp Drive), if the Northcorp Property Owners' Association terminates their maintenance of said areas. (City Forester) 2. The applicant shall construct the new north -south road on the west side of this site ( NorthCorp Drive) prior to the issuance of the Certificate of Occupancy for this building. (Development Compliance Officer) 3. Prior to the issuance of a building permit, written permission from all easement holders must be obtained for parking, landscaping or any other improvements in the project's easements. (Development Compliance Officer) 4. The project must comply with Northcorp PCD's buffer and streetscape requirements, as approved by the City Forester. (City Forester) 5. If the use of the building changes in the future, the project must be re- reviewed by the City in order to assess potential use, traffic, and parking issues. (Planning ) 6. During detailed design, the applicant shall provide the required drainage easements and land rights, to the satisfaction of the City Engineer, that will allow for the reconstruction of the culvert under RCA Boulevard and the sufficient drainage ditch cross - section from RCA Boulevard north to the confluence with the east -west drainage easement located along the north side of the subject property. (City Engineer) 7. The berm shall be a minimum of 3' high at all points. (City Forester) 8. Prior to the issuance of a building permit, the applicant shall provide a 20' utility easement immediately west of the 50' drainage easement which parallels the east property line. (Development Compliance Officer) Section 4. The following waivers are hereby granted with this approval: 2 1. Specialty pavers —The Code does not currently allow the use of specialty pavers; allow the use of specialty pavers in selected parts of the site. 2. Flat/wall signs— Section 110 -37, which allows two wall signs for a single tenant, single occupancy building with frontage on two road rights -of -way, to allow three wall signs, one on the west fagade, one on the south fagade, and one on the east fagade. Section 5. Construction of the approved facility shall be in compliance with the following plans on file with the City's Growth Management Department: 1. February 16, 2000 Site Plan, Urban design Studio, (1 sheet total) 2. March 5, 2000 Landscape Plan, Urban Design Studio, (1 sheet total) 3. March 5, 2000 Detail Sheet/Plant List, Urban Design Studio, (1 sheet total) 4. March 2, 2000 Photometric Plan, Lighting Dymanics, Inc., (1 sheet total) 5. February 10, 2000 Boundary and Topographic Survey, Keshavarz & Associates, Inc., (1 sheet total) 6. February 4, 2000 Conceptual Drainage Plan, Keshavarz & Associates, Inc., (1 sheet total) 7. March 1, 2000 Architectural Plans, D. William Beebe, Architect, (4 sheets total) Section 6. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS JOSEPH RUSSO, MAYOR ATTEST BY: LINDA V. KOSIER, CMC, CITY CLERK DAY OF 2000 APPROVED AS TO LEGAL FORM AND SUFFICIENCY 3 CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g /short sp9922.re.doc !n AYE NAY ABSENT 4 EXHIBIT `A' Legal Description of Lot 2 Lot 2, of RCA BOULEVARD CENTER, according to the plat thereof, recorded in Plat Book 67, Page 89, of the Public Records of Palm Beach County, Florida; said lands situate, lying and being in Palm Beach County, Florida. l . f o; �� e m&• ;re; ....... . . . . . . . Ah A tv 1,57 V 1 -11 ;.J ts -V, JD r T. it r -it Show ,TV, -,.A OLIN 'e7 e- V. - 7j", UP i�. N • t'll% 7 -V , . h -'i­ X, IT It T., X-PRIA A 0 V Ao Zi 74* Ire d .tit "LS LX 4• •1!r� b A . 7 IT • Li III, Alk ;v-.. , INC. ( )Ntit 11 1 IN( ( IVll I NGINI 1 RS, `('111\1 1( )R` \ \l: \I'I'I R> CIVII AGRICULTURAL VVAfER RESOURCES WAFER & �vwrEWATER TRANSPORI-AI-ION SURVEYING & MAPPING GIs "Partners For ReSUIIS Value by Design" )0 S.W. Corporate Pkwy. Palm Cily, FL 34990 (561) 2136 -3883 Fax_ (561) 286 -3925 www.lh(I).c<un MEMORANDUM TO: Jim Norquest, A.I.C.P. FROM: Sean C. Donahue, P.E. -56-0 DATE: February 17, 2000 FILE NO.: 99 -4106 (Petition No. SP- 99 -22) SUBJECT: Northcorp -Lot 2A We have reviewed the revised Site Plan, Landscape Plan and responses to our previous comments prepared by Urban Design Studio received on February 1, 2000. We have also review the revised Conceptual Drainage Plan and Boundary Survey received on February 16, 2000. We offer the following comments that are based on our January 26, 2000 memorandum: 1) Satisfied. The applicant has identified Type "D" curb on the plans with double lines. 2) Satisfied. The applicant has provided a curb detail that specifies the minimum dimension requirements. 3) Satisfied. The raised curb now stops at the west right -of -way and transitions to a valley gutter. 4) Satisfied. Two stop bars and stop signs have been shown on the Site Plan, as requested. 5) Satisfied. The applicant located the bicycle spaces on the Site Plan. 6) Conditionally Satisfied. The applicant has removed the trees located within the 50 -foot drainage easement. However, the revised Landscape Plan shows light poles located within the drainage easement. The light poles will need to be relocated to an area outside of the easement. On February 17, 2000 we spoke with Mr. Scott Mos( Studio regarding the light poles. Mr. Mosolf has Northcorp -Lot 2 Page 2 of 2 L, I File No. 99-4106 ,Nc revised Landscape Plan that will show the light poles outside of the drainage easement. 7) Satisfied. The applicant has included the proposed interconnection with the site to the north on the Site Plan and the Landscape Plan. 8) Conditionally Satisfied. The applicant has revised the boundary survey in response to the letter from Seacoast Utility Authority. A. Conditionally Satisfied. The applicant has revised the Boundary Survey in response to the SUA comment. SUA will need to review the revised plans and transmit comments, if any. B. Conditionally Satisfied. The applicant has revised the Boundary Survey in response to the SUA comment. SUA will need to review the revised plans and transmit comments, if any. We recommend adding the following condition to the Development Order: During detail design, the applicant shall provide the required easements and land rights, to the satisfaction of the City Engineer, that will allow for the reconstruction of the culvert under RCA Boulevard and the sufficient drainage ditch cross - section from RCA Boulevard north to the confluence with the east -west drainage easement located along the north side of the subject property. 9) Satisfied. This item will be addressed during construction plan review. 10) Satisfied. We have received the Quit -Claim Deed regarding the eastern easement. scni= cc: Roxanne Manning Ron Bucina- Keshavarz & Associates, Inc. PAPR0JECTS\PBGIv1EM0k1106\4106c March 3, 2000 Mr. James Norquest, AICP Principal Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Man Jesi n ;tuylco Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics RE: NORTHCORP LOT 2 RESPONSE TO SITE PLAN AND APPEARANCE COMMITTEE COMMENTS PBG PETITION: SP -99 -22 UDS REF.: #11153.37 (SPR) Dear Jim: In response to the Site Plan and Appearance Committee members comments at its February 22, 2000 meeting, attached for your review are the revised development plans for the above - referenced project. The plan modifications are as follows: Site Plan • The size of the building has been reduced from 30,000 square feet to 29,890 square feet. The change reflects architectural adjustments and reduction in the total floor area. • Sidewalks have been added to the south and west of the building. The site plan reflects a revised floor plan which allows for the addition of the sidewalk. • The potential Art in Public Places location has been added to the southwest comer of the site. • A second building entry has been noted on the north side of the building. Landscape Plan • The royal palm details have been revised to indicate 4 to 6 feet of grey wood. This would provide for a royal palm tree 20 to 24 feet in height. • Sidewalks have been added to the south and west of the building. The site plan reflects a revised floor plan which allows for the addition of the sidewalk. • The potential Art in Public Places location has been added to the southwest comer of the site. • The loading area has been screened with additional sabal palms, wax myrtles and fakahatchee grass. • Additional hedges and wax jasmine have been added along G:\COMMON\Jobs\NorthCorpWCALotl-\NorqucstSPARCResp-030300.wpd LCC35 2000 Palm j %&kt akes Boulevard Suite 600 The ncburse West Pal ea h� rida :33409 -658 561.689.00 ga"�IA661.689.0551 fax 20NlN, Irvine, CA 714.489.81: Mr. James Norquest NorthCorp Lot 2 March 3, 2000 Page 2 the north perimeter of the site. In addition, another landscape island has been located along the north perimeter in order to provide a new A second building entry has been noted on the north side of the building. The topology of the berming has been identified on the plan. Architectural Elevations • The porte cochere has been removed from the building elevation and has been replaced with a entry feature. • A second entrance has been added to the north elevation. • Architectural articulations, including banding and moldings ranging in depth from 1 inches to 10 inches, have been added to all elevations. • The quoins, which are two inches in depth, have been modified to provide additional contrast on the building. • A detail of the parapet has been added to the plans. Lighting Plan The Lighting Plan has been adjusted to relocate the lighting fixtures from the north perimeter to the north elevation of the site. Should you have any additional questions, please feel free to contact me. I hope that this meets with your approval and that we can receive a recommendation of approval at the March 14, 2000 Site Plan and Appearance Review Committee meeting. Sincerely, Urban Design Henry Skokowski, AICP Principal c: James Griffin G:\COMMONUobs\NorthCorp\RCALot2\NorquestSPARCRcsp.030300.wpd L.CC3S February 17, 2000 Mr. James Norquest, AICP Principal Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33401 urban Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics RE: NORTHCORP PCD LOT 2 REVISED ELEVATIONS, SITE PLAN AND LANDSCAPE PLAN PBG PETITION: SP -99 -22 UDS REF.: 11153.37 Dear Jim: In light of the recent comments by the Site Plan and Appearance Review Committee members regarding the architecture of the proposed delicatessen on NorthCorp Lot 12, we have pro- actively revised the Lot 2 building elevations to provide additional architectural interest. As a result, the site and landscape plans must be amended to reflect the improvements to the building architecture. The development plans are being amended to include the following: Architectural Elevations On the north and south elevations, windows and building articulations have been added. The notes for the signage have been revised to indicate the Building Identifier sign on the eastern elevation and the tenant signage on the south and west elevations. In earlier correspondence, we requested a sign waiver, if necessary, for the Building Identifier sign. We believe the sign on the eastern elevation will help direct motorists from Alternate AIA to the site. Also, please not that we are requesting no free - standing monument signs for the site. Site Plan • New window locations have been added to the building walls. • The sidewalks have been deleted along western elevation. The "doors" along the western elevation are non - operable doors. The doorways are strictly an architectural feature 2000 $uitE West 561.689.0066 582 561.689.0551 fax G. \COM MONUobs\NorthCor p\ RCAL .ot2U.ot2Rcsubmit.02I600.wpd LCC35 Irvine, CA 714.489.813 which will be highlighted in a design demonstration inside the proposed design center. • The location of the stop sign and stop bar has been identified at the future connection with the adjacent Gardens Station PUD. • The radii of the entrance to the site has been modified to 30 degrees, which is consistent with the proposed roadway plans now on file at the City. • The location of the emergency access door on the north elevation have been identified. A sidewalk from the door has been also added to the plan. Landscape Plan • The landscaping along the north and south building elevations have been amended to reflect additional windows and building articulations. • The landscaping along the western elevation has been modified to reflect the non- operable doors, as discussed above, and the removal of the sidewalk. We request that you review these minor modifications to the plan, so that the Site Plan and Appearance Review Committee may consider recommending the project to City Council for approval. If the staff believes that conditions of approval would be appropriate if the Committee decides to make a recommendation, we would be happy to assist you in the formulation of these conditions. We would request to see a listing of these conditions prior the February 22, 2000 Committee meeting. Should you have any questions, please feel free to contact me. Sincerely, Urban Design Studio Henry Skokowski, AICP Principal Attachments: Building Elevations Site Plan Landscape Plan c: James Griffin G:\COMMONUobs\NorlhCorp\RCALot2M-ot2Rcsubmit.021600.wpd LCC35 February 16, 2000 Mr. James Norquest, AICP Principal Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: NORTHCORP LOT 2 PBG PETITION: SP -99 -22 UDS REF.: #11153.37 (SPR) Dear Jim: urban desiFnj siud Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics In response to your February 1, 2000 letter, I believe the majority of the Development Review Committee's comments were addressed in our February 1, 2000 submittal to you. The only outstanding item was your request regarding a written description of the proposed business operation. For your convenience, I have duplicated your comment in bold, our response follows: Please submit a written description of this business operation, describing especially the number of employees, anticipated number of patrons, and in general how the business operates. The proposed business is, at foremost, a high -end interior design office. It is anticipated that high -end home owners and/or their interior designers will contact the office for interior design services. Up to 10 employees are anticipated to work at the 30,000 square -foot design center. In addition to providing interior design services, sales of furniture and accessories will also take place in the 12,740 square foot showroom. The 5,260 square feet of offices proposed within the building will be integrated with the showroom. In the showroom, there will be several demonstration "rooms," where rooms in a home will be simulated in order to display interior design techniques and furnishings. Design professionals and/or home owners using the design services will be able to purchase furniture and design accessories at the design center. There is a 12,000 - square foot warehouse associated with the design center. In this warehouse, materials purchased by the design professionals and customers will stored prior to delivery to the customers' homes. It is anticipated that only two to six customers will be in the proposed design ce & B l yard time. G:\ COMMONU obs\ NorthCocp\ RCALot2 \NorquestResponse.020700.wpd LCC35 ZJ Palm Beach Lakes ou e 600 The Concourse Palm Beach, Florida 33409-6582 �' 89.0066 561.689.0551 fax Ff8e, CA 714.489.81: Mr. James Norquest NorthCorp Lot 2 February 11, 2000 Page 2 Ordinance 1, 1990, which created the NorthCorp Planned Community District. Condition of approval #21 states, in part, "The following are uses allowed with the submission of each PUD, in addition to industrial and office and other M -1 uses...." The proposed use is principally a high -end interior design professional office. The retail and warehouse portions of the project are accessory to the professional office use. As you are aware, retail uses are permitted up to 5% of the allowable square footage of the NorthCorp PCD. The proposed use, which will bring a new business and create new jobs within the City, is an allowed use within the NorthCorp PCD, as indicated in Ordinance 1, 1990. It should also be noted that the proposed design center use is compatible to the existing Decorators Unlimited business located within the building located at NorthCorp South Park Lot 2. Should you have any additional questions, please feel free to contact me. I hope that this and the previously- submitted materials meet with your approval and that we can be placed on the February 22, 2000 Site Plan and Appearance Review Committee meeting. 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(D f ,� . kM u { \� �} �� \\` . \ � w © §o� 2w li! fill � !l��ifl� | \ }f' �/ \ � 1111 li:-H 1 fi1 ai i ll 1,111. Mj Ij H j It � 0 Z I .§ � . (D f ,� . kM u 2.� 0 u z C) No 01 1 U) cQ I b O ILJLJJI { \� �} �� \\` . \ � w © §o� 2w 2.� 0 u z C) No 01 1 U) cQ I b O ILJLJJI | \ � w © §o� 2.� 0 u z C) No 01 1 U) cQ I b O ILJLJJI a- � I . i I I � t a� 1 7� iI 1 i Q A a m W J N z Q LL- 0 mZ� E O 6 � J Q poi F 1 ,91 LJJ N V „II fi,z,,.£ U to £ 1 .6 II f 1 MI CD z v w F z_ O d J Q } St t _o� gc � `s MW A W � ! {� rCCD = b i Z � r H�# c A� Elk �a CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 SUBJECT /AGENDA ITEM: First Reading: Ordinance 10, 2000, a request to amend the Master Plan for the DoubleTree Hotel for a Planned Unit Development (PUD) by adding 25,000 square feet of retail space and 8,115 square -feet of restaurant space. RECOMMENDATION: Staff recommends approval of Ordinance 10, 2000, which contains be conditions of approval. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorn Growth Management Total [ ] Approved Finance NA - $ [ ] Approved w/ ACM Human Res. NA Current FY ' conditions [ ] Denied Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ]Other • Ordinance 10, 2000 • Design Guidelines • Waiver Requests • Comments from City Forester • Police Comments • Letter from Andrea Troutman dated 1/13/00 o Plans & Elevations 03 a26 -40 [X] Not Required a Vto arties Budget Acct. #:: ector [ ] Notified ( ] None Approved by: City Manager [X] Not required City Council Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 REQUEST Urban Design Studio, agent for AGLP Investments No. 2 L.P., is requesting to amend the master plan for the DoubleTree planned unit development. The site is located at the northwest corner of PGA Boulevard and Interstate Highway 95. Approximately 8.0 acres of the 13.5 -acre site currently contains a 280 -room hotel, 3,500 square feet of office space, a 100 -seat restaurant, and a 50 -seat lounge. The site is also approved for 138 additional hotel rooms and a 34,000 square -foot conference center, both of which have not yet been built. This amendment proposes the addition of 25,000 square feet of retail space and 8,115 square feet of restaurant space on the northern 5.5 acres of the site. (1- 42S -42E) BACKGROUND The City originally approved the DoubleTree Hotel in 1969 as the Holiday Inn. In 1980, the Holiday Inn site plan was amended to include the addition of a second and third wing, and a conference center. However, the approved third wing and conference center have not been constructed. The 1980 site plan amendment also included the approval of a parking area on the north side of the site (what is now the undeveloped section), but this parking area has not been constructed. On April 3, 1997, the hotel site was rezoned by Ordinance 14, 1997 to a Planned Unit Development (PUD) overlay district, and became known as the DoubleTree Hotel. The underlying zoning on the site is CG -1: General Commercial. This rezoning process included approving fagade renovations, an increase in the total square footage (approximately 2,500 square feet), the reconfiguration of the parking lot and traffic circulation, and some changes in the landscaping. The triangular site (bordered by PGA Boulevard, Military Trail, and Interstate 95) is 13.5 acres in size, with the northernmost 5.5 acres being undeveloped. LAND USE & ZONING The subject site is zoned General Commercial (CG -1) with a Planned Unit Development (PUD) overlay, has a future land -use designation of Commercial (C), and is listed as Commercial (C) on the Vision Plan. For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 on page 12. Table 2 on page 13 examines how consistent the proposed project is with the City Code and future land -use designation for the site. 2 City Council Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 CONCURRENCY The proposed project received concurrency certification from the City on August 10, 1999. This certification included concurrency for traffic, drainage, solid waste, sewer and water. The development petition was subsequently amended, which resulted in an equivalency review of the concurrency. On October 29, 1999, the City Engineer found that the amended petition fell within the parameters of the concurrency certification previously granted. PUBLIC & PRIVATE SERVICES The City's Development Review Committee reviewed this petition on November 24, 1999 and December 22, 1999. A list of the various departmental comments is attached for review. PROCEDURE This is a request to amend the approved master plan for an existing PUD. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for an amendment to an approved PUD, and makes a final determination of approval, approval with conditions, or denial. PROJECT DETAILS Buildinq Site The site currently contains the 280 -room DoubleTree Hotel, 3,500 square feet of office space, a 100 -seat restaurant, and a 50 -seat lounge. The site is also approved for 138 more hotel rooms and a 34,000 square -foot conference center; which were planned to be built as a second phase of this project. The applicant will be required to come back to the City for master plan approval for this second phase because of the lack of detail regarding the second phase in the current petition. The PUD amendment is for the undeveloped, northerly section of the site. The applicant is proposing to construct 25,000 square feet of retail space and an 8,115 square -foot restaurant adjacent to the existing hotel complex. Both the retail building and the restaurant are proposed to be constructed as one -story buildings. The existing hotel complex, the 25,000 square feet of retail space, and the 8,115 square -foot restaurant will comprise Phase 1 of this development. 3 Planning and Zoning Commission Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 Site Access The PUD site is proposed to have four driveways: one onto PGA Boulevard; two, two - way driveways onto Military Trail; and one egress -only driveway onto Military Trail at the northern tip of the site. Signage Three (3) additional ground signs are being proposed for the site, for a total of four (4) ground signs. The site has 3,502 feet of public road right -of -way; therefore the site is permitted by code to have up to five (5) ground signs. The existing ground sign along PGA Boulevard does not meet the code- required setback of 15 feet from the road right - of -way, however, this is a legal nonconformity. PGA Boulevard Corridor Overlay Because the hotel was built in 1969, the site does not have a 55 -foot landscape buffer along PGA Boulevard, as required by the current PGA Boulevard Overlay District. This situation is considered a legal nonconformity. The site meets all other requirements of the PGA Boulevard Corridor Overlay District. Phasing The proposed project will be done in two phases. The first phase will be broken into phase 1 a and phase 1 b. Phase 1 a will include the existing hotel complex and a 25,000 square -foot retail building. Phase 1b will be the construction of an 8,115 square -foot restaurant. The second phase will include the previously- approved addition of 138 hotel rooms and the 34,000 square -foot conference center. Leqal Nonconformities The following are the legal nonconformities located on the site: 1. The site does not have a 55 -foot landscape buffer along PGA Boulevard (there is no landscape buffer at this location). 2. The site does not have a 15 -foot landscape buffer along Military Trail, where the existing hotel complex is located (there is no landscape buffer at this location). 3. The approved, existing hotel building does not meet the code requirement for a minimum front setback for a commercial area (50 feet); the hotel only has a 38 -foot front setback. 4. The approved, existing hotel building does not meet the code requirement for maximum height of a building (36 feet); the hotel is 92 feet in height. 4 Planning and Zoning Commission Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 Waivers The applicant has submitted waiver requests and justification statements (see attachments) for the following waivers: 1. Minimum number of parking spaces — Section 118 -476, which requires a minimum number of 616 parking spaces on site, to allow for 601 parking spaces. 2. Minimum landscape buffer along Military Trail — Section 118 - 279(d)(1), which requires a 55 -foot landscape buffer along Military Trail, to allow for a 15 -foot landscape buffer. 3. Minimum landscape buffer along Interstate Highway 95 — Section 98- 72(a), which requires a 25 -foot landscape buffer along Interstate Highway 95, to allow for an 8 -foot landscape buffer. Based on the attached justification statements, Staff recommends approval of waiver #1. Staff also supports waivers #2 and #3 provided that the following condition is met: • Prior to the issuance of a certificate of occupancy, the applicant shall install the landscaping along Military Trail and Interstate Highway 95 per the exhibits, install irrigation for all proposed roadway landscaping, install a electrical pipe sleeve to the median of Military Trail, eliminate all the invasive, non - native vegetation within Interstate Highway 95 adjacent to this project, and maintain all the roadway landscaping around the DoubleTree site, including the Interstate Highway 95 off -ramp to Military Trail (to be planted). The City does have the option to institute a fee simple maintenance fee, rather than actual services rendered, by separate agreement. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Northem Palm Beach County Improvement District District Engineer Tracy Robb has indicated the applicant will need to acquire a District permit prior to construction plan approval by that agency. This review will include detailed drainage calculations. Planning & Zoning Division The Planning and Zoning Staff reviewed this petition and offer the following comments: 1. Prior to the issuance of the first building permit, the applicant shall replat the entire 13.5 -acre project as one approved site. The replat shall include the creation of a property owners association for the project that will be responsible for the maintenance and care of all open space on the site. 5 Planning and Zoning Commission Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 2. Prior to the issuance of the first building permit, the applicant shall acquire, and submit to the City, a District permit that includes a detailed review of the drainage calculations. To date, no objections have been received from the following departments and agencies: Building Division, Police Department, Fire Department, Parks & Recreation Department, City Engineering, City Legal, Seacoast Utility Authority, Palm Beach County School District, South Florida Water Management District, and Florida Power & Light. RECOMMENDATION Staff recommends approval of petition PUD -99 -06 with the following conditions of approval and waivers: Conditions 1) Prior to scheduling this petition for first reading by City Council, the applicant shall: a) rename the site plan with the title "Master Site Plan" b) revise the site plan by eliminating the word "North" from the name of the project c) state how the "Art-In- Public Places" requirement will be addressed; if art is being proposed on site, the site plan needs to be revised to show the location of the art 2) Prior to the issuance of the first building permit, the applicant shall replat the entire 13.5 -acre project. The replat shall include the creation of a property owners association for the project that will be responsible for the maintenance and care of all open space on the site. (City Engineer) 3) Prior to the issuance of the first building permit, the applicant shall acquire, and submit to the City, a copy of the drainage permit from the Northern Palm Beach County Improvement District. (Planning & Zoning) 4) Prior to the issuance of the first building permit, the applicant shall submit a traffic signal warrant study for the southernmost driveway (opposite a median cut) into the site. Installation of signalization at that intersection shall depend upon the outcome of said study, as approved by the County Engineer. Prior to the issuance of the final certificate of occupancy, a contract shall be let by the applicant to install the signal (if warranted and approved by the County Engineer). (City Engineer) 6 Planning and Zoning Commission Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 5) Prior to the issuance of the final certificate of occupancy, the applicant shall submit and have received approval from City Council for all exterior lighting elements; this approval process shall be done as a miscellaneous petition that does not require a public hearing. (Planning & Zoning) 6) Prior to the issuance of a certificate of occupancy, the applicant shall install the landscaping along Military Trail and Interstate Highway 95 per the exhibits, install irrigation for all proposed roadway landscaping, install an electrical pipe sleeve to the median of Military Trail, eliminate all the invasive non - native vegetation within Interstate Highway 95 adjacent to this project, and maintain all the roadway landscaping around the DoubleTree site, including the Interstate Highway 95 off -ramp to Military Trail (to be planted). The City does have the option to institute a fee simple maintenance fee, rather than actual services rendered, by separate agreement. (City Forester) 7) The approval process for the building elevations and architectural details for all future buildings (including any amendments to the building elevations or architectural details for previously- approved buildings) will require review by both the Site Plan and Appearance Review Committee and the City Council; this approval process will not require a public hearing at either level of review. (Planning & Zoning) 8) If the restaurant has not received its first building permit prior to the issuance of a Certificate of Occupancy for the retail store, the vacant area associated with phase lb of this project shall be sodded, temporarily irrigated and maintained per City standards. (Code Enforcement) 9) Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 10)The build -out date of this project is December 31, 2002, as referenced in the March 11, 1999 traffic impact analysis. (Planning & Zoning) Waivers 1. Minimum number of parking spaces —Section 118 -476, which requires a minimum number of 616 parking spaces on site, to allow for 601 parking spaces. 7 Planning and Zoning Commission Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 2. Minimum landscape buffer along Military Trail — Section 118- 279(d)(1), which requires a 55 -foot landscape buffer along Military Trail, to allow for a 15 -foot landscape buffer. 3. Minimum landscape buffer along Interstate Highway 95 — Section 98- 72(a), which requires a 25 -foot landscape buffer along Interstate Highway 95, to allow for an 8 -foot landscape buffer. PLANNING & ZONING COMMISSION The Planning and Zoning Commission reviewed this petition at a workshop on January 11, 2000, and as a Public Hearing and Recommendation to City Council on February 8, 2000, and February 23, 2000. The Commission voted 5 — 0 to recommend approval of PUD -99 -06 with the conditions and waivers recommended by Staff as amended below (words underlined in bold have been added, while those ctvtvr -!: *hrowmyh !r: bold have been deleted). Conditions 1. Prior to scheduling this petition for first reading by City Council, the applicant shall: a) rename the site plan with the title "Master Site Plan" b) revise the site plan by eliminating the word "North" from the name of the project c) state how the "Art -In- Public Places" requirement will be addressed; if art is being proposed on site, the site plan needs to be revised to show the location of the art 2. Prior to the issuance of the first building permit, the applicant shall replat the entire 13.5 -acre project. The replat shall include the creation of a property owners association for the project that will be responsible for the maintenance and care of all open space and landscapinq on the site. (City Engineer) 3. Prior to the issuance of the first building permit, the applicant shall acquire, and submit to the City, a copy of the drainage permit from the Northern Palm Beach County Improvement District. (Planning & Zoning) 4. Prior to the issuance of the first building permit, the applicant shall submit a traffic signal warrant study for the southernmost driveway (opposite a median cut) into the site. Installation of signalization at that intersection 8 Planning and Zoning Commission Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 shall depend upon the outcome of said study, as approved by the County Engineer and paid for by the applicant, its successors or assigns. Prior to the issuance of the final certificate of occupancy, a contract shall be let by the applicant to install the signal (if warranted and approved by the County Engineer). (City Engineer) 5. Prior to the issuance of the final certificate of occupancy, the applicant shall submit and have received approval from City Councit the Site Plan and Appearance Review Committee for all exterior lighting elements; this approval process shall be done as a miscellaneous petition that does not require a public hearing. (Planning & Zoning) 6. Prior to the issuance of the final certificate of occupancy, the applicant or POA shall install the landscaping along Military Trail and Interstate Highway 95 per the exhibits, install irrigation for all proposed roadway landscaping (with the exception of the Interstate Highway 95 off -ramp, which shall be hand watered until the landscaping is established as determined by the City Forester), install an electrical pipe sleeve to the median of Military Trail, eliminate all the invasive non - native vegetation within Interstate Highway 95 adjacent to this project, and maintain all the roadway landscaping around the DoubleTree site, the !nte:state H:gh:•:ay 05 off -:aMP to ........ J ..a (to b^ planted.,. The City does have the option to institute a fee simple maintenance fee, rather than actual services rendered, by separate agreement. (City Forester) 7. The approval process for the building elevations) a::d architectural details, and landscaping for all future buildings (including any amendments to the building elevations, surroundinq landscaping, or architectural details for previously- approved buildings) will require review by both the Site Plan and Appearance Review Committee and the City Council; this approval process will not require a public hearing at either level of review. (Planning & Zoning) 8. If the restaurant has not received its first building permit prior to the issuance of a Certificate of Occupancy for the retail store, the vacant area associated with phase 1 b of this project shall be sodded, temporarily irrigated and maintained per City standards. (Code Enforcement) 9. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 9 Planning and Zoning Commission Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 10. The build -out date of this project is December 31, 2002, as referenced in the March 11, 1999 traffic impact analysis. (Planning & Zoning) 11. The City reserves the right to have the applicant undertake landscape irrigation of the off -ramp of Interstate Highwav 95 onto Military Trail. (Planning & Zoning) Waivers 1. Minimum number of parking spaces —Section 118 -476, which requires a minimum number of 616 parking spaces on site, to allow for 601 parking spaces. 2. Minimum landscape buffer along Military Trail — Section 118- 279(d)(1), which requires a 55 -foot landscape buffer along Military Trail, to allow for a 15 -foot landscape buffer. 3. Minimum landscape buffer along Interstate Highway 95 — Section 98- 72(a), which requires a 25 46ot landscape buffer along Interstate Highway 95, to allow for an 8 -foot landscape buffer. As of the date of this report, City Staff has received no public comment on this project. 10 City Council Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 Subject Property CG -1: General DoubleTree Hotel and Commercial with a Commercial (C) Undeveloped Section Planned Unit Development (PUD) overlay North Interstate 95 N/A N/A South PGA Boulevard CG -1: General Shell Gas Station, Commercial with a Commercial (C) Radisson Hotel, & the Planned Unit Development Admiralty Office Building (PUD) overlay West Military Trail CG -1: General Gardens Square Shops Commercial / RM: Commercial (C) & & Garden Lakes (multi- Residential — Medium Residential — Medium family residential) Density & PUD: Density (RM) Planned Unit Development East Interstate 95 N/A N/A 11 Site = CG -1 Minimum Building Site Area for CG -1: 1 acre Minimum Site Width for CG -1: 100 feet Maximum Building Lot Coverage for CG -1: 35% Maximum Building Height for CG -1: 36 feet Front Setback for CG -1: 50 feet Hotel, Retail, and Restaurant 13.46 acres 610 feet 13.8% 92 feet* *existing approved hotel building Front Setback: 38 feet* *existing approved hotel building City Council Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 Yes Yes Yes Yes No (Legal Nonconformity) No (Legal Nonconformity) Side Setback for CG -1: Side Setback: Yes 15 feet N/A Side Setback Facing a Side Setback Facing a Yes Street for CG -1: Street: 40.7 feet 40 feet Rear Setback for CG -1: Rear Setback: Yes 15 feet I N/A g /short pud9906.cc.doc !I 12 March 15, 2000 ORDINANCE 10, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM AGLP INVESTMENTS NO. 2 L.P. FOR AN AMENDMENT OF A PREVIOUSLY - APPROVED PLANNED UNIT DEVELOPMENT BY APPROVING THE ADDITION OF A 25,000 SQUARE - FOOT RETAIL SPACE AND AN 8,115 SQUARE -FOOT RESTAURANT LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND INTERSTATE HIGHWAY 95, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from AGLP Investments No. 2 L.P. for approval of an amendment to a previously- approved planned unit development located at the northwest corner of PGA Boulevard and Interstate Highway 95, in order to construct a 25,000 square -foot retail building and an 8,115 square -foot restaurant on the 13.5 -acre site, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 13.5 -acre "DoubleTree" site is currently zoned General Commercial (CG -1) with a Planned Unit Development (PUD) overlay; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the amendment of the planned unit development (PUD) known as the DoubleTree Hotel; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. 13 Ordinance 10, 2000 Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the "DoubleTree" PUD at the northwest corner of PGA Boulevard and Interstate Highway 95, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the construction of a 25,000 square -foot retail building and an 8,115 square -foot restaurant. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. Prior to the issuance of the first building permit, the applicant shall replat the entire 13.5 -acre project. The replat shall include the creation of a property owner's association for the project that will be responsible for the maintenance and care of all open space and landscaping on the site. (City Engineer) 2. Prior to the issuance of the first building permit, the applicant shall acquire, and submit to the City, a copy of the drainage permit from the Northern Palm Beach County Improvement District. (Planning & Zoning) 3. Prior to the issuance of the first building permit, the applicant shall submit a traffic signal warrant study for the southernmost driveway (opposite a median cut) into the site. Installation of signalization at that intersection shall depend upon the outcome of said study, as approved by the County Engineer and paid for by the applicant, its successors or assigns. Prior to the issuance of the final certificate of occupancy, a contract shall be let by the applicant to install the signal (if warranted and approved by the County Engineer). (City Engineer) 4. Prior to the issuance of the final certificate of occupancy, the applicant shall submit and have received approval from the Site Plan and Appearance 14 Ordinance 10, 2000 Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 Review Committee for all exterior lighting elements; this approval process shall be done as a miscellaneous petition that does not require a public hearing. (Planning & Zoning) 5. Prior to the issuance of the final certificate of occupancy, the applicant or POA shall install the landscaping along Military Trail and Interstate Highway 95 per the exhibits, install irrigation for all proposed roadway landscaping (with the exception of the Interstate Highway 95 off -ramp, which shall be hand watered until the landscaping is established as determined by the City Forester), install an electrical pipe sleeve to the median of Military Trail, eliminate all the invasive non - native vegetation within Interstate Highway 95 adjacent to this project, and maintain all the roadway landscaping around the DoubleTree site. The City does have the option to institute a fee simple maintenance fee, rather than actual services rendered, by separate agreement. (City Forester) 6. The approval process for the building elevations, architectural details, and landscaping for all future buildings (including any amendments to the building elevations, surrounding landscaping, or architectural details for previously- approved buildings) will require review by both the Site Plan and Appearance Review Committee and the City Council; this approval process will not require a public hearing at either level of review. (Planning & Zoning) 7. If the restaurant has not received its first building permit prior to the issuance of a Certificate of Occupancy for the retail store, the vacant area associated with phase 1 b of this project shall be sodded, temporarily irrigated and maintained per City standards. (Code Enforcement) 8. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a 15 Ordinance 10, 2000 Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUO -99 -06 fully - executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 9. The build -out date of this project is December 31, 2002, as referenced in the March 11, 1999 traffic impact analysis. (Planning & Zoning) 10. The City reserves the right to have the applicant undertake landscape irrigation of the off -ramp of Interstate Highway 95 onto Military Trail. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1. Minimum number of parking spaces — Section 118 -476, which requires a minimum number of 616 parking spaces on site, to allow for 601 parking spaces. 2. Minimum landscape buffer along Military Trail — Section 118- 279(d)(1), which requires a 55 -foot landscape buffer along Military Trail, to allow for a 15 -foot landscape buffer. 3. Minimum landscape buffer along Interstate Highway 95 — Section 98- 72(a), which requires a 25 -foot landscape buffer along Interstate Highway 95, to allow for an 8 -foot landscape buffer. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: Official Exhibits: 1. February 23, 2000 Master Site Plan, Urban Design Studio, (1 sheet). 2. February 23, 2000 Landscape Plan, Urban Design Studio, (1 sheet). 3. February 23, 2000 Landscape Plan Enlargement, Urban Design Studio, (1 sheet). 4. February 23, 2000 Planting Details & Legend, Urban Design Studio, (1 sheet). 5. February 23, 2000 Site Lighting Plan, Urban Design Studio, (1 sheet). 16 Ordinance 10, 2000 Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 6. January 28, 2000 Floor Plans, Roof Plans, & Building Elevations, Oliver • Glidden & Partners, Sheet A -1 (1 sheet). 7. April 12, 1999 DoubleTree North Parcel Concurrency Traffic Impact Analysis, Pinder Troutman Consulting, Inc. Supportinq Documents: 1. December 7, 1999 Conceptual Drainage Plan, Keshavarz & Associates, Inc., Sheet 1 of 1. 2. March 31, 1999 Boundary Survey, Keshavarz & Associates, Inc., Sheet 1 of 1. 3. December 2, 1999 Conceptual 1 -95 Off -Ramp Landscape Plan, Urban Design Studio, (1 sheet). 4. December 2, 1999 Conceptual Military Trail Landscape Plan, Urban Design Studio, (1 sheet). SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative "or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2000. PLACED ON SECOND READING THIS DAY OF 2000. PASSED AND ADOPTED THIS DAY OF 2000. 17 Ordinance 10, 2000 Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: LINDA V. KOSIER, CMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO g /short:pud9906.or.doc ri 18 EXHIBIT "A" LFGA�, OESCRIPTION PARCEL 1 ' Ordinance 10, 2000 Meeting Date: April 6, 2000 Date Prepared: March 15, 2000 Petition PUD -99 -06 A PARCFL O< LAND IN SECT ,0,',I i, TOWNSL- IP 42 SOUTH, RANGE 42 AS L PAi-m RE ACT : COUNTY. FLORIDA, !SORE PA RrCULARL! DESMISED AS FOLLOWS: FROi . THE SOUTHEAST CORNCER OF SECTION 1 AFORE :AID GO NORTH 8c , 0'56 - ttEST. ALONG THE SOL; TH LINE OF SAID SEC -j1aN- 1, ALSO BEING 7HE C,- NTERUNE OF b ONET ROAD. A DISTANCE OF 2645.46 FEET TO :, POiI3T OF IN TE.RSECrION Wi t'j THE CENTERLINE OF MILITARY TRAIL: T,iENC£ NORTii 02'09'41" EAST, ALONG SAID CENTERLINE OF fAIL.IiAeRY TRAIL. A DISTANCE OF 207.45 FEET TO A POINT; THENCE SOU114 87'50'i9" EAST A IJ:S ANCE OF' 50.00 FEET TO A POINT LYING Oy THE EASTERLY RIG1-IT- GF -IVAY LINE OF MILITARY TRAIL.: -DiEN c SOUTH 62 "07'27- EAST A OISTANC OF 177.76 FEET TO T4-E POINT OF BEGINNING; iHcNC;. NOR -Th* 71' -48'30" EAST A DISTANCE' OF 570.95 FEET TO A POINT• THENCE NORTH 44- 40'47" EAST A DISTANCc Or 251.90 FEET TO A POINT; TiriC -NCB fi10' 23'24'f--r-" WEST A DISTANCE OF 400.00 FaTi TO A POINT; THENCE SCUsrI 6S'?'`'0 <" %VES i D!STANt;c- OF 56.''1.44 FEET. MCRE OR LESS, TO A POINT IN THE EASTEERLY RiG�T OF WAY LSNE Or MILITARY TRAIL; THENCE. SOUTH G2- G9'41" WEST. ALONG SAID EASTERLY RIGHT-OF- WAY LINE . A DISTANCE OF 206.40 r"EET TO A POINT; THENCE SOUTH 6`07'27- EAST A aiSTANCE OF 177.75 FEET TO A POLN : THENCE SOUTH 02'09' -1" VEST A D'.STANr„E- OF 150.0'0 FEET TO T1zE POINT OF BEGINNING. Smo PAP.CEL CONITAININIG 7.187 AGES PARC£L 2 FR(1V THE SOUTHEAST CORNE'R2 OF SAID 7S C 1ON 1. T HENCE . N OR i H 88'10'56- VrEST, ALONG THE SOUTH LINE Orr- SAID SECTIO-%-' 1, h 50 BEING T:SE CENTERLINE OF MONET ROAD. A DISTANCE OF 2645_46 FEET TO A FOINT O= INTE°SECTION %I-i R-it CEIITERLINtE OF. MILITARY TRAIL: T:1 :ICE NORTH 02'09'41- EAST. ALONG VJ0 CENTERLNE OF MILITARY TRAIL, A 6(STANCE OF 207.45 FEET TO A POINT: THENCE SOvTH E7'50 "19- EAST A OIS TAtiCE OF 50.00 FEET TO A POINT LYING ON THE EASTERLY RIGI-IT,-OF -Vt :Y LINE GF MiLCITARY TRAIL.- THENCE NORTH 02:09'41" EAST. ALONG THE EASTERLY RIGHT-OF-VIA-11, OF MILITARY IMA.IL. A GISTm4r -E OF 356.40 FEET TO A PCiNT IN SAID U; tE, SAID POINT SEING T-,4E P6-,-IT OF BF-GNNINC' FOR THE HEREIN CESCRIBEO PARCEL: THENCE NORTH; 02-09'41- EAST, ALONG SAO EASTERLY RIGHT-CF-WAY LINE, A DISTANCE: OF i i .'.1 FL} T TO A POINT 1144-4 SAID LINE; THENCE SGUT2 -t 30 *06'.34" EAST, A DWANCE OF 211.2E FEET TO A POINT: THENCE SOUTI4 25-20'45" LAST A OiSTANCE OF 602.08 cE.ET TO A POINT. THENCE SOUTH 23'24'56" EAST. A DISTANCE OF 265.54 FaT TO A POINT: -HEPdCF. SOUTH 156 -35#04- !VEST A D1STAt1'C; OF 560-4 -4 FEET, MORE OR LESS. TO THE PCNT O- F c.G+NN(NG. S IO PARCEL CONTAINING 6.322 .,ACRES 19 F I L.E No .575 02/18 '00 13:15 I D: LRX&I DES I GN STUD 10 FAX:5616890551 CM&NAGEMEW DESIGN GUIDELINES FOR DOUBLETREE NORTH PUD AMENDMENT PALM BEACH GARDENS FEBRUARY 11, 2000 is hoof treatments may include flat, gable or hip roofs. The gable and /or hip roofs shall Include three -color blend of concrete "S" tile to match the three -color tile blend of the Gardens Square Shoppes. located at the northwest corner of Military Trail and PGA Boulevard. ■ Building Colors allowed shall be: • Sea Shell # 10610 • Ivory Key i#10522 ■ Metal trim work shall be the following color: Benjamin Moore #447 (sage green) ■ Building awnings shall be the following color: Erin Green #14600 ■ Alternate colors may be approved if combined in a unified fashion and approved by the City Council. ■ Common Architectural Elements shall include: • Concrete block construction with textured stucco • Horizontal banding • Arched entranceways • Tile medallions • Multi - paneled windows • Entry porticos ■ Building heights shall not to exceed 36 feet for the restaurant and rotail building. ■ Tenant signage shall include the following elements: • 24" high letters • Color to match building trim color(s) • Internally Lit letters ■ Building identification signage shall be limited to: • 36" high letters • Internally Iit letters • Color to match building trim color(s) December 2, 1999 Mr. John Lindgren City Planner City of Palm Beach Gardens 10500 North Military Trail palm Beach Gardens, Florida 33410 �;731iZ�1i11 iI�f1Y;i ►�i7 M �017u1M� RESPONSE TO DRC COMMENTS PBG REF #(PUD- 99 -06) OUR REF: # 16052.17 Dear John: n Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics In response to comments made by the Development Review Committee members at its November 24, 1999 meeting, we offer the following responses. I have duplicated their comments for reference in bold; our responses follows. JOHN LMC.REN MEMORANDUM OF 11/24/99 1) Please submit all waiver requests with their justification statements, including waivers for setbacks and the required number of parking spaces. No setback waivers are required for the subject project. The plan has been revised to further identify the proposed setbacks. The requested waivers from the landscape code are identified below during the discussion of Mark Hendrickson's memorandum. We are seeking a waiver from the number of parking spaces required under Section 118- 476. For the entire site, 616 parking spaces would be required according to the City regulations. The mixture of hotel, restaurant and retail uses on the site creates different peak parking demand times. The Peak Period Parking Utilization Analysis by Pinder Troutman Consulting, Inc., dated September 13, 1999, indicates that 575 parking spaces are required We are proposing 594 parking spaces on the site. By using the amount of parking spaces indicated in the Peak Period Parking Utilization Analysis, the site is able to provide 35% open space for the project where a minimum of 15% is required. It should also be noted that the increased open space allows for a pedestrian park area north of the proposed retail b and an 8 -foot pedestrian promenade connecting the the proposed new buildings. G-\00 M0NUoba\Doublotroo North\DoubletroeSuflRe4p .I13099.wpd rioc3s 2 Suit city of P.B. GardEV{gst DEC t 19m I.6 WNAGEM09 vine OEPARiMElf( —�' i Beach Lakes Boulevard The Concourse n Beach, Florida 33409 -658 b66 561.689.0551 fax 714.489.81 Mr. John Lindgren Doubletree North DRC Response December 2, 1999 Page 2 2) It appears that the southern section of this site has been platted separately from the rest of the site; please clarify in writing if it is your intent to develop this property as two distinct and separate sites. When the review for the renovations of the Holiday Inn (now Doubletree) hotel renovations began, City staff required the hotel location and the adjacent vacant area (the site of this petition) to be rezoned as one Planned Unit Development. It was considered at that time and is still considered as one project. The Doubletree Hotel PUD was platted with a boundary plat. It is our intention to divide the property by ownership along the line identified on the revised site plan. It should also be noted that the pending sale contract provides for a cross- access agreement between the two parcels. It also provides for common landscape maintenance for the project consistent with the approved landscape plan. We are committed to provide the City with the documentation to assure you that the project will be maintained in a consistent and comprehensive manner. SEAN DONAIIUE MEMORANDUM DATED 11/24/99 1) Conditionally Satisfied. The applicant needs to include 3 additional bicycle parldng spaces on the site plan (259 vehicle parldng spaces are proposed, 5% of 259 equals 13 bicycle parldng spaces). The applicant has stated that the next submittals will contain the correct number of bicyle spaces. Three additional bicycle parking spaces have been added to the revised site plan- MARK RENDRICK$ON MEMORANDUM OF 10/28/99 1. In the narrative, I did not notice any waiver requests. The following items do not meet the City codes: 1. Section 118 -279 (d -1). Military Trail should have a 55' buffer. The proposed 15 -foot landscape buffer along Military Trail exceeds the Military Trail buffer provided during the original Holiday Inn site plan arI&Cpt2te subject project is a portion of this original site plan approval an to the subsequent Planned Unit Development. We are requestin Section 118 -279 (d -1). As mitigation, we are proposing, depen Department of Transportation approval, to provide landscaping GROWTH G:LCOMMONVob.\Dwblahoo N« th\DoublotroeSuBitesp .113099.wpd WTH IBS J Mr. John Lindgren Doubletree North DRC Response December 2, 1999 Page 3 95 exit ramp onto Military Trail. Attached for your review is a conceptual landscape plan for the I -95 exit ramp. We are committed to providing $12,000 of landscaping at the ramp in order to provide an attractive entrance onto Military Trail from the interstate highway. This amount for the exit ramp landscaping would exceed the monetary amount for the landscaping within the buffer required by Section 118 -279 (d -1). 2. Section 98- 72(a). I -95 should have a 15' buffer. The new landscape code will require 25' adjacent to I -95. The proposed 8 -foot landscape buffer along Interstate 95 exceeds the I -95 buffer provided during the original Holiday inn site plan approval. The subject project is a portion of this original site plan approval and is an amendment to the subsequent Planned Unit Development. We are requesting a waiver from Section 118 -72 (a). The eastern portion of the site, adjacent to I -95, is next to a steep embankment which is part of the I -95 right -of -way. We are providing considerable landscaping within the provided 8 -foot buffer. In addition, additional flowering trees are proposed along the I -95 right -of -way embankment. These trees will continue and extend the existing landscaping theme along the Interstate 95. 3. Section 98- 66(c -7). Road right -of -way medians and shoulders require landscaping. This would apply to I -95 and Military Trail. Attached for your review are the conceptual landscape plans indicating landscaping in the Military Trail right -of -way and median. City staff needs the petitioner to provide justification as to why these codes are not being applied within this petition. I will not be supporting waivers to items 2 and 3. It is my understanding that Doubletree intends to subdivide this PUD to make two parcels. If this is the case, I will be recommending a condition of approval that the re -plat create a property owners association to insure that all open space within this PUD and all off -site landscaping be maintained as one project. If this pr l condition is not acceptable to anyone, I will be recommending a 16' 4 w�jie landscaping buffer between all proposed parcels. cU City of P.B. Gardens As indicated above, a common landscaping maintenance agreement Cr.\OOMMON\Tobs\Dwb1a4no N «th\DwA1ctrooSuffttzT113099.wpd LCJC35 'art o #Lte V499 MANAGEMENT ~ DEPARTMENT C�j Mr. John Lindgren Doubletree North DRC Response December 2, 1999 Page 4 agreement for the Doubletree North parcel. We are committed to provide the City with the documentation to assure you that the project will be maintained in a consistent and comprehensive manner. BRUCE GREGG'$ MEMORANDUM OF 1118199 1. The property owner should be advised that the future parking structure shown in Phase H is in direct conflict with an existing 18" gravity sewer line. The future parking garage depiction has been eliminated from the revised site plan. We understand that Phase II of this project, which includes another hotel wing, conference center and parking structure, will have to return to the City for site plan review and approval. OFFICER ELLEN LOVEJOY MEMORANDUM OF 11/23/99 1. Lighting locations should not conflict with landscaping (to include long term tree canopy growth). The lighting and landscape plans have been designed to avoid any conflicts. 2. Building lighting should be around perimeter of all sides and on pedestrian walkways surrounding the buildings. Building lighting will be addressed when the buildings return for Site Plan and Appearance Review Committee review and approval. 3. Parking lot areas on the Northwest and Northeast side of the project could use additional lighting (some parking spaces would not have adequate lighting). The submitted lighting plan meets the requirement of a "minimum average maintained horizontal footcandles of 0.6 in parking areas and 1.0 in vehicular use areas," as required by Section 118 -474 (4), in these sections. 4. Lighting around loading area and dumpster area not indicated. Lighting levels are located in the proposed loading area of the retail bui lighting plan indicates code compliance in a portion of the loading area d: 100MM0NUoba\DoubJ<%u= NoRh\DoubtchwSuffiLesp.113099.wpd L =5 -K City of P. Gardens a ECo 2 V 1999 U GRUWTH MANAGEMENT �_ DEPARTMENT Mr. John Lindgren Doubletree North DRC Response December 2, 1999 Page 5 restaurant. Additional lighting in this area is anticipated from the restaurant building. Lighting is not indicated around the dumpster areas as the dumpsters are enclosed by a 7'4" wall. However, it should be noted that the areas around the dumpster enclosures exceed the minimum code requirements for lighting levels. 5. Unknown if Porte - cochere drop off is one way. Porte - cochere drop off needs to be one way with signage stating same. A porte cochere is no longer proposed. 6. Site plan does not denote a deceleration lane for the ingress and egress point on Military Trail. Add one deceleration lane. The submitted and approved traffic impact analysis does not require the provision of a deceleration lane on Military Trail. 7. Details of commercial numbering system not indicated. Provide visible numbering system which is easy to read and not obstructed. This will be addressed when the elevations of the building are submitted to the City for its review and approval. 8. Dumpster area should not allow for easy concealment. Dumpster enclosure should be constructed as to allow natural surveillance through the enclosure. Section 118 -305 of the City's Land Development Regulation require the screening of dumpsters from public view, public streets and from abutting properties. The proposed dumpster enclosures are in compliance with the City code. 9. Building security device. Building should be pre -wired for alarm systems. This will be addressed in the building permit application for the proposed buildings. In addition to the revisions indicated above, the loading area east of the proposed has been reconfigured to address the comments expressed at the DRC meetin . <ri We hope these amended plans meet with your approval and that we can I Planning and Zoning Commission's December 14, 1999 meeting agenda. GACOhMONUoba\DoubIctroe NoA\Doublotroosu6R ezp.113099.wpd LCC35 is8f ff ro?'&6" We iklyi999 GRUNT I H MANAGEMENT DEPARTMEN? ,. t. Mr. John Lindgren Doubletree North DRC Response December 2, 1999 Page 6 questions regarding the attached, or need additional information, please do not hesitate to contact me. Sincerely, Urban Design Hank Sk6eo6wski, A1CP Principal c: Joel Channing Len McBroom GACOWAONUobz\Doublatroc North\DoubIcwmSufMaxp .113099.wpd LOG35 �4; ' _ Ciiy of P.Bq. Gardens `:� MANAGEMENT �, pEpART,nf Memo To File From: Mark Hendrickson, City Forester fi4 1i'4- Subject: PUD- 99 -06, Doubletree North Date: February 17, 2000 I have review the above - referenced application submitted February 16, 2000 and provide the following comments and recommended conditions for the February 22, 2000 P & Z meeting: I will support the waivers for the reduction of the Military Trail and Interstate 95 buffer widths as proposed, if the following condition is met: Prior to the first issuance of a certificate of occupancy, the applicant shall install the landscaping along Military Trail and Interstate 95 per the exhibits, install irrigation for all proposed roadway landscaping, install a electrical pipe sleeve to the median of Military Trail, eliminate all the invasive non - native vegetation within Interstate 95 adjacent to this project, and maintain all the roadway landscaping around the Double Tree site, including the I -95 off -ramp to Military Trail (to be planted). The City does have the option to institute a fee simple maintenance fee, rather than actual services rendered, by separate agreement. PALM BEACH GARDENS POLICE DEPARTMENT CRIME PREVENTION MATRIX CHART PROJECT NAME: Doubletree North REVIEWED BY: Officer Ellen Lovejoy DATE: November 23, 1999 Problems /Concerns Needs /Suggestions Solutions Lighting locations should not conflict with landscaping (to include long term tree canopy growth). Building lighting should be around perimeter of all sides and on pedestrian walkways surrounding the buildings. Parking lot areas on the Northwest and Northeast side of the project could use additional lighting (some parking spaces would not have adequate lighting). Lighting around loading area and dumpster area not indicated. Unknown if Porte- cochere drop off is one way. Make sure lighting does not conflict with landscaping, especially long term tree canopy growth. Provide adequate lighting. Provide adequate lighting. Metal halide should be used in all parking lot areas. Provide adequate lighting. Porte- cochere drop off needs to be one way with signage stating same. Good lighting serves as an excellent deterrent to potential criminal activity. Will also provide visibility for officers patrolling the area on the night shift. Will allow better traffic flow of vehicular traffic entering and leaving the property and prevent potential traffic hazards. Site plan does not denote a Add one deceleration lane. The high volume of trafi`c deceleration lane for the on Military Trail, and the ingress and egress point on high speed of motorists, Military Trail. warrants a deceleration lane. Having a deceleration lane will allow vehicles entering the premises to do so in a safer and smoother fashion, and allowing those vehicles not entering the premises to have uninterrupted straight through traffic flow, thus providing less risk of rear end traffic crashes. Details of commercial Provide visible numbering Visible numbering system numbering system not system which is easy to read will assist emergency indicated. and not obstructed. services and others to locate the business in a timely and efficient manner. Dumpster area should not Dumpster enclosure should be To help eliminate allow for easy concealment constructed as to allow natural concealment of potential surveillance through the offenders and allow enclosure. observation of them. Building security device. Buildings should be pre -wired Alarms serve as an excellent for alarm systems. detection and deterrent to forcible entry. 01/13/2000 11:46 5614341663 HINDER IKOUTMAN PmneR TRVCjsMAn CONSULTING, inc. Transportation Planners and Engineers January 13, 2000 Mr. Marty Minor Urban Design Studios 2000 Palm Beach Lakes Blvd Suite 600, The Concourse West Palm Beach, FL 33409 -6582 RE: Doubletree North - #PTC98 -70 Dear Mr. Minor: Attached is a peak hour driveway volume map, as requested, for project for the following land use scenario: 25,000 SF Retail 8,115 SF Restaurant Based on these volumes, only a southbound left turn. lane into the required. No northbound right turn lanes are required. With regard to signalization of the southernmost driveway, a signal wan to be completed. The minor street driveway volumes from our site are i the warrant thresholds. If you have any additional questions, please do not hesitate to call. Since rea M. Troutman, .E P -;A--f Joel Channing PAGE 02 2324 South Congress Avenue, Suite 1H West Palm Beach, FL 33406 (561) 4341644 Fax 4341663 Email: pindertroutman @msn.com above refericnee.l ernmost driveway is study would have projected to meet City Of P.B.G. is JAN 28 2000 PLANNING 1G �� „ ZONING /; ; D T 1_ DoubleTreeY PUD `> Palm Beach Gardens, Florida m Master Site Plan ;t Tyyti"4t�� �iV4�R 6E �' r 1 i i - III: ( c 11, t ski I i e+ 113 j ( _ qz v a T pi. { D era Q� DoubleTree PUD =Palm Beach Gardens, Florida Landscape Plan : _L b a $r� 11 iwag: 4 o d'a � bu m o m Kivu Cc CL 0 C -u m O 1 o� m S F u a�i t .0 zo . 'O (�! 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Recommendation /Motion: Staff recommends approval of Ordinance 13, 2000. Reviewed by. City Attorney ACM Other N/A Submitted by: gt. Director Approved by. City Manager BACKGROUND: Originating Dept.: Planning & Zoning Division Advertised: Date: C15 Paper: PB Post [ X ] Not Required Affected parties [x ] Notified Property Owners [ ] Not required Costs: $_0 Council Action: Total [ ] Approved $ 0 [ ] Approved W,c«,diu. Current FY [ ] Denied Funding Source: [ ] Continued to: [ ] Operating I Attachments: [ I Other N/A I Ordinance 13 , 2000 Budget Acct. #: [ ] None At its February 170 meeting, the City Council approved Ordinance 2, 2000 which amended the comprehensive plan to incorporate the former enclave properties and designate them with Commercial land use. The City Council approved the "Intedocal Agreement for Annexation of Enclaves" on November 4th and the Board of County Commissioners approved the agreement on December 21St, thereby annexing the Northlake /Military enclave into the City of Palm Beach Gardens. County regulations apply until the property is brought into the City's Comprehensive Plan and is rezoned to a City zoning district. 1 PROPOSAL: This is a city- initiated rezoning to designate the former enclave with the city zoning district CG -1 (general commercial). The total area is 2.59 acres in size. Character of Former Enclave Western Property. The western parcel is 0.73 acres in size. It had a county land use designation of Commercial (C), zoning district of Commercial General (CG), and is occupied by a Hess gas station. There are no county zoning /site plan approval records of this site. It is considered a legal non - conforming use. (By current county codes a Class A conditional use for a convenience store with gas sales would be required.) Blimpies (sandwiches) is co- located in the convenience store. Eastern Properties: The eastern properties total 1.86 acres in size. The area is comprised of four individual (and separately owned) parcels. It had county land use designation of Commercial (C), zoning district of Commercial Neighborhood (CN) or Commercial General (CG), and is occupied by a commercial plaza which contains Stop `n Save convenience store, Sitting Pretty Photo Studio, Pizza Man, Main Line Lounge and Rumors private club; a building containing Gibson Market/Papa John's pizza; a showroom /business office for North County Plumbing; and Amoco gas station. County zoning /site plan approval records are only available for the North County Plumbing and commercial plaza parcels. The Amoco station is considered a legal nonconforming use which would under today's code require rezoning to CG and conditional use (Class A) approval. The current county zoning district allows the other uses. 2 Surrounding Land Uses Military /Northlake:Former. Enclave Land ,Use Amendment Surrounding Land Uses ., . Development Name Land Use /Zoning North Northmil and Sunny Plaza Commercial /CG -1 South Gardens Park Plaza and Shell Oil Station Commercial /CG -1 East Northmil Commercial /CG -1 West Sunny Plaza Commercial /CG -1 Further, two of the properties (North County Plumbing and the Military Trail commercial plaza) have county development orders (attached). ANALYSIS: The proposed city zoning district, General Commercial (CG -1), is comparable to the current county zoning. The properties are located at a major intersection. This is one of the considerations used by staff when the CG -1 district was selected as the recommended zoning district over CN (neighborhood commercial). Another consideration was the zoning district of surrounding commercial properties (CG -1.) An analysis was performed to compare the properties' characteristics to both the CN and CG -1 district criteria (attached.) All five properties will be non - conforming. Some of the non - conformities are required by City code requirements to be corrected or removed (i.e., signs), others will be allowed to exist as long as the property is continuously utilized. The nonconforming premises section of the code would allow some modifications, even expansions, to occur on these properties. I V * to] Mi 9 WIN #141,61I Staff recommends approval of the rezoning from County CG and CN to Palm Beach Gardens CG -1 (general commercial). Staff has notified the property owners about the pending rezoning. 3 April 6, 2000 ORDINANCE 13, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR REZONING OF 2.59 ACRES OF LAND LOCATED AT THE NORTHEAST AND NORTHWEST CORNERS OF MILITARY TRAIL AND NORTHLAKE BOULEVARD; MORE PARTICULARLY DESCRIBED HEREIN; TO GENERAL COMMERCIAL (CG -1) DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens and Palm Beach County entered into an "Interlocal Agreement for the Annexation of Enclaves" pursuant to Chapter 171.046, F.S., thereby annexing into the City 2.59 acres of land located at the northeast and northwest corners of Military Trail and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference ( "subject property "); and WHEREAS, the City approved Ordinance 2, 2000, thereby amending the comprehensive plan and designating the subject property with Palm Beach Gardens Commercial land use; and WHEREAS, the rezoning is consistent with the City's Comprehensive Plan; and WHEREAS, the Planning and Zoning has recommended approval of the rezoning. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Zoning Map of the City of Palm Beach Gardens is hereby amended to incorporate the subject area and to rezone the 2.59 acres of land located at the northeast and northwest corners of Military Trail and Northlake, more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference, to City of Palm Beach Gardens General Commercial (CG -1) zoning district. SECTION 2. If any part of portion of this Ordinance is found to be void or defective, the remainder of the Ordinance shall continue in full force and effect. SECTION 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. 4 V, SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF , 2000. PLACED ON SECOND READING THIS DAY OF , 2000. PASSED AND ADOPTED THIS DAY OF , 2000. JOSEPH RUSSO, MAYOR VICE MAYOR ERIC JABLIN COUNCILPERSON LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: LINDA V. KOSIER, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY s Please Print Name. Address: City: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council VA/)Zf; air ce yCP.S'v�.e.r Vie �Qnv�Csc. -F-� 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. 11 COMMENTS FROM THE PUBLIC Request to Address City Council Please Print �% Vr Nam e: / l 1 C.�% C( e-45( kki /1 /1 Address:,,, V7-0 3 City: � r 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 7-/J Address: City: Subject: Members of the public may address the City Council during the "Comments by the Public" -3ortion of the agenda and during "Public Hearings". This Request to Address the City Douncil 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. R 2�: COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: 91 SD (':' YFRES,s N4P L-L-VW LDAZ City: e h l-" BOAC -H (2 L, 33x-1 1 Subject: TRAF F )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 PUBLIC Request to ddress City Council ; j Please Print _ ,,, - -� � v' Name: 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. v o 0 0 0 < < n D 0 z z z m O c o o 0 D� z F F r .< ;u 0 c C- Cl) Io cn m m m oDo 0 0 z w x D m a r O r 10 Nr C5 y 1 \ O i � �