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HomeMy WebLinkAboutAgenda Council Agenda 021700All 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 FEBRUARY 17, 2000 7:00 P.M. I. PLEDGE OF ALLEGIANCE. II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello. III. ANNOUNCEMENTS: Tuesday, February 22, 2000, 6:30 P.M., Planning & Zoning Commission Thursday, March 2, 2000, 7:00 P.M., City Council Regular Meeting IV. PRESENTATIONS: V. CITY MANAGER REPORT: 1. Construction Manager Report 2. Census 2000 Update 3. Drainage Report 4. Bus Shelters/Parking 5. Lake Maintenance Easements 6. PGA Flyover Status VI. AWARDING OF BIDS: 1. Awarding of Bid for Aquatic Vegetation Control Contract VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VIII. CONSENT AGENDA: 1. Approval of Minutes of 1/20/00 Regular Meeting 2. Resolution 14, 2000 - Consideration of Approval to Authorize the Mayor to Sign an Agreement with Palm Beach County Accepting Funding to Develop the Westminister Site Location as a Park. 3. Resolution 17, 2000 - Consideration of Approval to Support a Specialized Schedule for the Opening of the PGA Boulevard Drawbridge. 4. Resolution 18, 2000 - Consideration of Approval to Grant a Water Easement to Seacoast Utilities on City Owned Land Between Burns Road and Johnson Dairy Road. 5. Resolution 19, 2000 - Consideration of Approval to Grant a Sewer Easement to Seacoast Utilities on City Owned Land Between Burns Road and Johnson Dairy Road. IX. PUBLIC HEARINGS: 1. Ordinance 1, 2000 - Providing for a Franchise with Waste Management for Solid Waste, Vegetation and Recycling. (Public Hearing, Consideration of Second Reading) 2. Ordinance 2, 2000 - Providing for a Small Scale Amendment to the City's Comprehensive Plan for the Military Trail/Northlake Enclave. (Public Hearing, Consideration of Second Reading) 3. Resolution 12, 2000 - Consideration of Approval for Temple Beth David Time Extension (Public Hearing) X. RESOLUTIONS: 1. Resolution 8, 2000 - Consideration of Approval to Appoint One Member to the Northlake Boulevard Corridor Task Force. 2. Resolution 13, 2000 - Consideration of Approval to Contribute $20,000 to the Northlake Boulevard Task Force for the Preparation of a Northlake Boulevard Overlay Zoning District. XI. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 5, 2000 - Providing for Approval For An Amendment and Expansion of a Previously Approved PUD known as Marina Gardens (Lot 8) (Consideration of First Reading) 2. Ordinance 8, 2000 - Providing for an Amendment to the Golf Digest PCD (Consideration of First Reading) 3. Ordinance 9, 2000 - Providing for Amendment to the Code of Ordinances to Provide for Term Limits for Planning and Zoning Commission Members. (Consideration of First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: City Manager Goals XIV. ITEMS & REPORTS BY MAYOR AND COUNCIL: XV. CITY ATTORNEY REPORT XVL ADJOURNMENT. IV. 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 Richard Diamond, 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 CITY COUNCIL Agenda Cover Memorandum Date prepared 2/7/00 Meeting date 2/17/00 Aquatic Vegetation Control Contract Subject[Agenda Item Piggy- backing off of Northern Palm Beach County Improvement Districts publicly Recommendation /Motion: bid contract, and awarding the attached contract to Aquatic Vegetation Control, Inc. Reviewed by: A Originating Dept: Costs: $_24,330 Council Action: Total City Attorney Public Works [ ]Approved Finance KJ w $ 36,900 [ ] Approved w/conCidom n— Current FY ACM `C � [ ] Denied Human Res. Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper. [X] Not Required [ ] Other I Submitted by:� Department Director Affected parties [X] Notified Budget Acct #:: 01- 3040 - 541.3480 [ ] None Approved by: City Manager [ ] Not required BACKGROUND: See attached documents. IN I`IR a I] CITY OF PALM BEACH GARDENS MEMORANDUM 3704 BURNS ROAD • PALM BEACH GARDENS. FLORIDA 33410 -4698 PHONE (561) 775 -8274 • FAX (561) 775 -8279 February 5, 2000 TO: Richard Diamond, Assistant City Manager FROM: Bob Patty, Director of Public Works SUBJECT: Aquatic Vegetation Control Proposal On Monday, January 31, 2000, contract negotiations were held at the Department of Public Works regarding the establishment of a new annual price structure for the control of aquatic vegetation within the City's 75 acre canal system. Attached is the resultant proposal from Aquatic Vegetation Control, Inc. dated January 31, 2000 for the services required by the Department. The scope of services covered by this proposal are outlined below: 1. Scheduled monthly chemical control of submerged, emergent, floating vegetation, and filamentous algae within the City's 75 -acre canal system. 2. 95 % control of the various species found within the waterways. 3. Provision for emergency /complaint callback system to ensure 95 % control. 4. Provision for mechanical removal of surface vegetation on an as needed basis. OVERVIEW: The new monthly per acre fee for contractual services provided in items 1,2, & 3 above, will be $42.00 or a monthly fee of $3150.00. This represents a 2.5% increase for similar services rendered by AVC, Inc. over the past two years. Most of $75.00 per month increase reflects increased cost of chemicals applied to the canals. The Department of Public Works seeks to continue services provided by AVC, Inc. by utilizing the Northern Palm Beach County Water Improvement District (NPBCWID) contract awarded to Aquatic Vegetation Control on August 31, 1999. The Northern Palm Beach County Water Improvement District's contract is an annual contract, including provisions for annual extensions for up to four years. (Copies of the pertinent document pages of the Northern Contract are attached). NEW TO THE CONTRACT: The Department has requested a provision for mechanical removal of floating vegetation on an as needed basis. This removal would be performed on a once monthly basis as directed by the Department for aesthetic purposes in conditions where treated material has died but cannot be flushed over the fixed weir structures or in conditions of severe algae blooms have occurred. Hourly prices for mechanical removal are noted and highlighted in the contract documents. BENEFITS: 1. By piggy backing off of the Northern Palm Beach County Improvement Districts Contract (Unit 19), the City will continue providing the required vegetation control in the waterways. 2. We will have the option of continuing this same contract over the next four years, upon mutual agreement of both parties on an annual basis. 3. The provision for the mechanical removal of vegetation will significantly reduce the citizen complaints regarding floating vegetation in areas of out -fall locations, while greatly increasing the aesthetic appearance of the water surface area. 4. The Department will have the opportunity, to utilize the services of AVC, Inc. in various environmental issues such as removals of exotics, debris removal post tropical storm or hurricane event, and littoral zone establishment, all on an hourly basis at the rates provided in this contract. (Budgetary provision will be requested in the fiscal 2000/01 for this provision). The Department is currently budgeted $36,900.00 for aquatic weed control. Through February 2000, the Department will have spent $15,375.00, leaving a balance of $21,525. Adopting this new price schedule, of $3,150.00 per month (chemical treatments) and with an anticipated six month expense of mechanical vegetation removal (covering April 2000, through September 2000); incurred expense will be $24,330.00; a deficit of $2,805.00, that I can absorb in my Departments current budget. Public Works is requesting Council consider a motion to piggy -back off of the Northern Palm Beach County Water Improvement District, publicly bid contract, and award the contract AVC, as submitted in the attached proposal. Should you have questions concerning this report or attached information, please advise. I will make myself available at the City Council meeting to answer questions regarding this request. cc: Nabar Martinez, City Manager Kent Olson, Finance Director Jonathan Iles, Supervisor Aquatics File PROPOSAL - ACCEPTANCE Aquatic Vegetation Control, Inc. P.O. Box 10845 Riviera Beach, Florida 33419 561- 845 - 5525`800- 327 -8745 Submitted to: Date: Phone: City of Palm Beach Gardens February 1, 2000 775 -8274 3704 Burns Road Job Name: Contact: Palm Beach Gardens, FL 33410 Same Bob Patty We hereby submit specifications and costs for an Aquatic Weed Control Program: Annual aquatic vegetation program within the 75 acre drainage system consisting of scheduled monthly chemical treatments and an emergency /complaint call -back system resulting in 95% control of submerged species, emergent vegetation, floating vegetation and filamentous algae. See attachments for detailed program outline. AVC, Inc. will supply all herbicides necessary to conduct the aquatic weed control program. All chemicals are approved by the Environmental Protection Agency. The City will obtain necessary permits from the Florida Department of Environmental Protection. AVC, Inc. will furnish proof of liability, vehicle, and worker's compensation insurance upon request. (attached) We propose to furnish labor and materials - complete in accordance with the above specifications, for the sum of: Monthly maintenance: Three thousand one hundred fifty dollars ($3150.00) per month. Mechanical removal and/or miscellaneous services will be billed as needed per the attached alternate hourly rates. All material is guaranteed to be a specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above the specifications involving extra costs, will be executed only upon written orders, and will be an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. This proposal is subject to acceptance within 30 days and is void thereafter at the option of the undersigned. This contract shall be renewed if agreed upon by both parties on an annual basis. Authorized Signature: LJ V �(.e Pre), i Q,:t ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Signature: Date: - -- M Im TA 294, January 31, 2000 AQUATIC VEGETATION CONTROL INC. 6753 Garden Road, Suite 109, Riviera Beach, Florida 33404 Mailing Address: P.O. Box 10845, Riviera Beach, FL 33419 -0845 (561) 845 -5525 • (800) 327 -8745 • FAX (561) 845 -5374 Bob Patty Public Works Director City of Palm Beach Gardens 3704 Burns Road Palm Beach Gardens, Florida 33410 RE: Scope of Services and Cost for aquatic vegetation control within the city by piggybacking from NPBCID for 2000 -2005. Mr. Patty, The following is a Scope of Services and Cost for treating aquatic vegetation within the City's 75 acre drainage system through the utilization (piggybacking) of AVC's current Aquatic Weed Control and Marsh Maintenance Contract with the Northern Palm Beach County Improvement District. AVC will provide all equipment, labor, and material necessary to conduct the aquatic treatment program as per FDEP Permit #SF- 98 -10. The program will consist of scheduled monthly chemical treatments and an emergency /complaint call -back system resulting in 95% control of submerged species, emergent vegetation, floating vegetation, and filamentous algae within each waterway. However, some alternate mechanical removal of dead plant material may be necessary for aesthetic reasons. Chemical applications will be conducted from truck, ATV, outboard - powered skiff, and airboat (Lake Catherine only). It is anticipated (as reflected in our cost) that in addition to AVC's chemical applications and alternate mechanical removal, the City will continue their program of canal deepening and grass carp introductions. It will be the City's responsibility to notify residents of any water use restrictions associated with the treatment program. AVC will inform the City at least one week prior to treating waterbodies with herbicides that require use restrictions, with the exception of 48 -hour call -backs from the City. AVC will furnish the City copies of herbicide labels, City of Palm Beach Gardens Page 2 MSDS sheets, and a summary table of water use restrictions. In addition to this paperwork, AVC will provide monthly treatment summaries for the City's records including areas treated, chemicals applied, water temperature for each waterway treated, and a reading of City- designated staff gauges. The cost for monthly chemical maintenance at 95% control per waterway will be $42.00 per acre for a monthly fee of $3150.00. This cost per acre is based on the $46.00 /acre cost in the Northern Palm Beach County Improvement District contract for Unit 19 with a 9% discount to the City. This discount is based on two factors: (1) there are no mobilization costs for AVC, the equipment and labor are already in place; and (2) the City's continued program of canal deepening and grass carp introductions. In addition to the monthly chemical control services, the need for the mechanical removal of dead, floating plant material may be necessary to satisfy the aesthetic demands of canal -front residents. Because mechanical removal services will not be necessary for most of the year, these services will be conducted on an as- needed basis to be billed at alternate NPBCID hourly rates under this same contract. These hourly rates may also be applied to miscellaneous tasks that the City may need assistance with, such as emergency storm cleanup. Aquatic Vegetation Control, Inc. greatly appreciates the opportunity to be part of the City of Palm Beach Gardens Public Works team. If you have any questions or comments, please contact either Todd Olson or myself at (561)845 -5525. Sincerely, - f) t-- / im Burney Vice President R.. .1415.1 Certificate of Insurance HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT N INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that Aquatic Vegetation Control, Inc. I 6753 Garden Road, Suite 109 Name and Riviera Beach, FL 33419 ' address of LIBERTY Insured. MUTUAL. Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subj all their terms, exclusions and conditions and is not altered by any requirement, tern or condition of any contract or other document With respect to whic rprtifirate may he issued_ TYPE OF POLICY EXP. DATE POLICY NUMBER LIMIT OF LIABILITY WORKERS COMPENSATION ❑ CONTINUOUS ❑ EXTENDED WC2- 1 51 - 275208-01 9 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY Bodily Injury By Accident ® POLICY TERM 04/01/2000 FL, SC $500,000 Each Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person GENERAL LIABILITY 04/01/2000 YY2- 151 - 275208 -039 General AQareaate - Other than Products/Comole-ted Ooeratior $2,000,000 Products/Completed Operations Aggregate $1,000,000 ®OCCURRENCE Bodily Injury and Property Damage Liability []CLAIMS MADE $1,000,000 Per Occurrence Personal Injury Per Person/ $1,000,000 Organization RETRO DATE Other Other AUTOMOBILE LIABILI 04 /01/2000 AS2- 151 - 275208 -029 $1,000,000 Each Accident - Single Limit B.I. and P.D. Combined ® OWNED Includes Pollution Each Person ® NON -OWNED Liab. End. # 2948A Each Accident or Occurrence Each Accident or Occurrence ® HIRED OTHER Umbrella Excess 04/01/2000 TH1- 151 - 275208 -049 $4,000,000 Single Limit for Bodily Injury and Property Liability Damage Liability over Underlying Limit. ODITIONAL COMMENTS If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE -0HIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS - IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER, WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER RIGHT HAND CORNER OF THIS CERTIFICATE THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST XX DAYS n NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: ,L L__� 5071 SAMPLE James R. Fiet CERTIFICATE AUTHORIZED REPRESENTATIVE HOLDER Ft. Laud rd le FL (800) 542 -0055 03/24/99 (Akk PHONE NUMBER DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Compani BS1501 .. -- -_91Ia l .: ,, .rr ;�.. r�„• :sl, ^ca t c r. .:- :;sc Sr _ - ;� .< a ,y ,��R�., � -C �r. 111 • bi I.S.e`VU�d = D•aAvZE ' nOvr V s/D«.Dtz%wY17 / -ANTE �.0 1 •e.:a:a.���_.s.:cxoena.w_ad;�'d a9 •. ?Y4"!:I �'.IQY.r��r 4II7 w:`./:'1' /. A�'i•'1..1 ...•7^��K.�:SI ~rROOUCER �l4/.N.•'!!�'.'.•�t+«� %KJ.'IFi THIS CERTIFICATE IS ISSUED AS A ]LITTER OF I.NTFORMATION ONLY AND CONFERS Helmsman Insurance Agency, In NO RIGHTS UPON THE CEicitrlCATEHOLDER. THISCskuuICATEDOCSNOTAMEND. 200 Galleria Pkwy, Nw EXPEND OR ALTER THE COVERAGE AFFORDED HY THE POUCIES BELow. Suite 1100 Atlanta, GA 30339 COMPANIES AFFORDING' COVERAGE c_O%MANY A DLC OS CO SU/cOOE Lo Tlax COWANY LETT B YR INSURED Aquatic Vegetation Control COMPANY C P.O. BOX 10845 Riviera Beach, FL 33419 COIVANY D U 1L mR cOMPM`TY E L£1'fiR �:'�. .'f: :..:i_.. `'. I... • I.,I....,... r..1,. .`.I`. 1.. 1.. r.. . <y ..t ".. .r, .w.t:. ....A.1,.� .a..:�..i:r:�:- F.l::::P ":..,:- :•:i "!i" J �::i:::::::.'^„ -•, .. � w.. S. i.. �y:: G:"::' �i::' Gr_..`: K`":':' K' i:::: .A_!'ri!:�J.�:'!r•.!M�"i�:�..^. . �'. �w�!.,; G., �uw.•: ki _�:;.4u:w_«...���- .w..;�..4�a�: �•. a 1: rTH75 IS T O CEKI LrYT1iAT POLICIES Of G�SURANCE LISTED BELOW HAVE BEEN ISSUED TO THE' INSLT w NAME= ABOVE FOR THS POLICY PERIOD INDICA7=.NOTW7THSTANDING&KY REgUIR mrN T ir.xM OR CONOmON Or ANY CONTRACT OR OTt=vocUMem -wrm RESPSCTTO WHICH THIS Ciro it 4AT EMAY BE ISSUED OR MAY PERTAIN. THE INSURANC£AFFORDEDBY THE POLIrn?c DESCRIBEDHERFINIS SUBJSCTTO ALL TIM TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. lt U TYK Of RMIMCE I rOLICY NUMM ►DA CY E DAN tC "I / /w ALL UMfS a ?HOUSAMM GENE4,LL UAAUM j GENERAL. AGGxE:G.aI: a COPOUMCIA10 rNERM,LIABn -M PROOUCT3- COIF /OPS AGGRLGATLS "` CLAU LS SAD OCCUR •:.d: ' � I i PERSONAL at ADwERtr>ATO Rf,JVRTf S do IowNERrs counvcmiis PRoT. EACHOCCIdiRFNCL 0 ru�L DAMACE wv me ara is IM=AL E)TVtSS IAny owe p—.oa) e AUTOMONLE UANUTY COMMEa SINCEZ ALL OWNED AUT03 HODD.Y BCHLDU ED AUS'OB HIRSDAUTOS _ (per Pcrsoa) ROOMY ,.,. NON- OwNmu•Tos Te AcodcartI %; ti GARACEIJAEUTliY DANLACS 3A CG`- EXCESSuAIMY ,.':.`�' c " " -: EACH AGGRSCATL i OTTIERIiiANUMHREILFVtiM � Ii:�:�Yi�rC6'iA;:( wORKE#'SOOMPEiaSAIION i STAI=RY " 7X?�!..�.., "rL;!.: "�. ".; "..r:7 " ": AND �_ TEACH ACCMVfn EMKOYER4 UAIIUTY B I tOLSFAbE. LICY LLMM I s (D=& -EACH EMrWYE OTHER A Pollution GCPO 2678156 1 3/15/99 3/15/0 1000 Each Loss 1000 Aggregate OfSCR VTION Of Cw fRArONS/ LOCAnONSNMICL a /RESTRfCnONS/SPECIAL ITEMS a' ! re'•.' ` '� .... i:rS:_S:eL:�P:_cT�acas"TC..: j;:. SHOULD ANY OF THE ABOVE DESCRIBLDPOUC'irR BE CANCELED BEFORETH£ EXPIRATION OATS THEREOF. THE ISSUING COMPANY wU.L ENDEAVOR TO i:. MAIL I() DAYS WRITTEN NOTICE TO THE Cr_fMnCAM:noLDERNAmroT o THE ��. LErT. BUT rAALURLTO MAIL SUCH NOTICE SHALL CHPOSENo OBUGATIONOR AGENTS OR REPRESENTAT'cS LIABILITY OF ANY KIND UPON THE COMPANY. TIS N A 1� M �7i SAMPLE ^ .. - — �-- :' AUtNOMZED ¢ErRGSENrnnve ---- -_ SBA?; c. �: ;r• T. r.: :ar:�:.i- -'- - `: ia�{It4� - s4 «F�; "f, 5. �, ;G,. ; = ];.:.�'. :p, .�, -.;_. :: ..,�. �:_,. ": '��Q�f, _ _:i: -r .:�:: , ;, -• ct - BTFa�:e.• Northern Palm Beach County Improvement District AQUATIC WEED CONTROL AND MARSH MAINTENANCE UNITS OF DEVELOPMENT NOS. 5A., 9A, 161, 19, 21, 239 24 AND 29 Submitted by: Aquatic Vegetation Control, Inc. Vl1 0. BID FORM MUST BE SUBMITTED IN DUPLICATE BIDDER: Amiat.i r• VPnPf-af l nn ('nnf-rnl . Tnr• __ PROJECT: Aquatic Weed Control and Marsh Maintenance Units of Development Nos. 5A, 9A, 16, 19, 21, 23, 24 and 29 for Northern Palm Beach County Improvement District DATE: May 12, 1999 (Bid Submitted on) 00300 BID FORM THIS BID IS SUBMITTED TO: Northern Palm Beach County Improvement District c/o Mock, Roos .& Associates, Inc. 5720 Corporate Way West Palm Beach, FL 33407 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Docu- ments. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number 5h1qc� 1 (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. ((c) This space is left blank intentionally. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the physical conditions at the site or otherwise may, affect the cost, progress, perfor- mance or furnishing of the Work as BIDDER considers necessary for the performance or BID FORM�� 09/27/95 -N/UP 00300 -1 furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. I(e) This space is left blank intentionally. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This Bid -is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER agrees to perform all the Work described in Contract Documents, subject to adjustments as provided therein, for the Prices BIDDER provides on the Unit Price Schedule (Page 00300 -6 thru 00300 -7): 5. BIDDER declares it understands that the unit quantities shown on the Bid Form Unit Price Schedule are approximate only and not guaranteed and are subject to either increase or decrease; and that should the quantities of any of the items of Work be increased, the BIDDER agrees to do the additional Work at the unit prices set out herein, and should the quantities be decreased, BIDDER also understands that final payment shall be made on actual quantities completed at the unit prices, and shall make no claims for anticipated profits for any decrease in the quantities. 6. The BIDDER further declares it understands the OWNER may elect to construct only a portion of the Work covered by these Documents and BIDDER agrees to perform that portion of the Work for which BIDDER is awarded a Contract at the unit prices quoted herein. 7. BIDDER agrees that the Work will run from October 1, 1999 to September 30, 2000. At OWNER'S sole discretion, annual extensions may be given for four additional years for a total Contract period of five years. The Unit Price Schedule will be subject to an annual re- negotiation that must be concluded on or before June 1st of each subsequent calendar year "the re- negotiation date." The Contract Time for each additional year will run from October 1st to September 30th. It is solely the responsibility of the CONTRACTOR to initiate any re- negotiation of the Unit Price Schedule sixty (60) days prior to the re- negotiation dates established herein. Failure to initiate a re- negotiation of rates prior to the date(s) established shall result in the continuation of the rates contained in the Contract until the next scheduled re- negotiation date. The OWNER reserves the right to terminate negotiations and continue Work under existing rates or terminate the Contract if agreement is not reached by the re- negotiation date. 8. The following documents are attached to, incorporated herein, and made a condition of this Bid: (a) Required Bid Security in the form of Bid Bond (b) Unit Price Schedule on Page(s) 00300 -6 and 00300 -7. 1(c) This space is left blank intentionally. BID FORM 09/27/95 -N/UP 00300 -2 (d) Schedule of Subcontractors (Page(s) 00300 -8). (e) Schedule of Suppliers, Equipment and Materials (Page(s) 00300 -9). (f) Required qualifying documentation. 9. Communications concerning this Bid shall be telephoned or addressed to: The phone number and address of BIDDER indicated below. 10. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. 11. BIDDER's Florida Contractor's License No. N/A 12. BIDDER covenants that it is qualified to do business in Palm Beach County, Florida and has attached evidence of BIDDER's authorization to do business in Palm Beach County, Florida, together with appropriate State of Florida licenses and/or appropriate Palm Beach County Certificates of Competency as required to complete the Work. BID FORM If BIDDER is: An Individual By doing business as Business address: Phone No. A Partnership By (Individual's Name) (Signature) (Firm Name) SEAL) (SEAL) (General Partner) (Signature) Business address: Phone No.: A Corporation By Aquatic Veqetation Control, Inc. (SEAL) (Corporation Name) Florida (State of Incorporation) By Larry Burney (Name of Person Authorized to Sign) Chief_ Executive Officer (Title) /� (Signature) (Corporate Seal) f, Attest Joyce Burney 'r o �_ 1 -- (Secretary) Q d (Signature) Business address: 6753 Garden Road Suite 109 Riviera Reach, FT, 33404 Phone No.: 5FO - 845 -55 ?5 It r BID FORM ��� 1 4' 0927/95 -N/UP 00300 -4 UNIT PRICE SCHEDULE "AQUATIC WEED CONTROL AND MARSH MAINTENANCE" NOTE: Acreages -oven for "Water" include "Marsh" acreage UNIT SA: Acreages given for "Water" include "Marsh" acreage Surface Water: $ 32 acre /mo X 65 acres X 12 mos= $ 24g6o.00year Created Marsh: $ 88 acre /mo X 21 acres X 12 mos= $ 22176.Ooyear UNIT 9A: Acreages given for "Water" include "Marsh" acreage Surface Water: $ - - - - -- acre /mo X 74 acres X 12 mos = $ - - - - - -- -year Created Marsh: $ ------ acre /mo X 17 acres X 12 mos= $ - - - - - -- -year UNIT 16: Acreages given for "Water" include "Marsh" acreage Surface Water: $ 8 acre /mo X 76 acres X 12 mos = $ 7296.0Oyear Created Marsh: $ 8 acre /mo X 85 acres X 12 mos= $ 8160.0 Oyear Annual Report (C -6 & C -10) UNIT 19: Acrea -es -iven for "Water" include "Marsh" acreage Surface Water: $ 4 6 acre /mo X 40 acres X 12 mos= $ 2 2 0 8 0.0 Oyear Created Marsh: $ 77 acre /mo X 9 acres X 12 mos= $ 8316.00year UNIT 21: Acreages given for "Water" include "Marsh" acreage Surface Water: $ 2 8 acre /mo X 50 acres X 12 mos= $ 1 6 8 o 0.0 Oyear Created Marsh: $ 26 acre /mo X 30 acres X 12 mos= $ 9 3 6 0.O 0year UNIT 23: Acreages given for "Water" include "Marsh" acreage Surface Water. $ 2 6 acre /mo X 97 acres X 12 mos= $ 3 0 2 6 4.() 0year Created Marsh: $ 8 8 acre /mo X 7 acres X 12 mos= $ 7 3 9 2.0 Oyear UNIT 24: Acreages given for "Water" include "Marsh" acreage Surface Water: $ 66 acre /mo X 33 acres X 12 mos= $ 26136 .0Oyear Created Marsh: $ 133 acre /mo X 11 acres X 12 mos= $ 17 5 5 6. 0 (dear MIT 29: Acreages given for "Water' include "Marsh" acrea -e Surface Water. $ 3 3 acre /mo X 16 acres X 12 mos= $ 6 3 3 6. 0 Cyear Created Marsh: $ 108 acre /mo x 2 acres X 12 mos= $ 2 5 9 2 .0 (year 09127/95 -N/UP TOTAL CONTRACT = BID FORM 00300 -6 5209424 , 00jear UNIT PRICE SCHEDULE ALTERNATE 1 Labor Costs: Supervising Biologist @ $ 8 n _ {l0 per hour Crew Supervisor @ $ 28.00 _ per hour Staff Worker @ $ 18.00 per hour Laborers @ $ 12.80 per hour Certified Herbicide Applicator @ $ 20.00 per hour Herbicide Applicator @ $ 15 .0 0 per hour Vehicles: per acre Endothall (5 gal per acre)+ Copper (1 gal per acre) @ S a n . no Dump Body Truck $ 1 _ 9 n per mile @ $ 10-00 _ per hour Pick -up Truck(2 wheel drive) $ . 15 per mile @ $ 8.00 per hour Pick -up Truck(4 wheel drive) $ . 2 0 per mile @ $ 18 . Q Q per hour Equipment: per acre Garlon (1 gal per acre) @ $ 125.00 Chain saw (Stihl model 021 to 025 or equivalent) @ $ 8 . QQ per hour Weedeater @ $ 4.75 per hour Metal bladed stick trimmer (gas powered) @ $ 5.25 per hour Small machine mower @ $ 8-00 per hour Chipper @ $ 6 5 . Q Q per hour Mechanical harvester @ $ 15Q.00 per hour ALGAE (Filamentous, planktonic, chara) Copper (4 gals per acre) @ $ 90.00 per acre Hydrothol 191 (1.5 gals per acre) @ S 90 .00 per acre Copper (221bs per acre) @ $ 55.00 per acre B. IERGENT WEEDS (Cattails, gasses, spatterdock, etc.) Rodeo (1 gal per acre) @ $ 21 n . 00 per acre 2,4 -D (2 gal per acre) @ $ 69.o0 per acre SUBMERSED WEEDS (Naiad, bladderwort, hydrilla, etc.) Reward (2 gal per acre)+ Copper Q gal per acre) @ $ -i ? n _ 0 0 per acre Endothall (5 gal per acre)+ Copper (1 gal per acre) @ S a n . no per acre Sonar (2 qts per acre) @ S Q 0 0 . no per acre DITCHBANK WEEDS (Grass and brush) Rodeo (1 gal per acre) @ $ 1 no. o n per acre Arsenal (0.5 gal per acre) @ $ i 80 .00 per acre Garlon (1 gal per acre) @ $ 125.00 per acre 2,4 -D (2 gal per acre)s @ S gQ . 00 per acre FLOATING WEEDS (Duckweed, lettuce, hycinth, etc.) Reward (0.5 gal per acre) + Copper (1 gal per acre) @ S 110-00 per acre Reward (0.75 gal per acre) @ S 100-00 per acre Immmpy 16 IBID FOP,M List Proposed Subcontractors NONE 09!27/95-N/IJP SCHEDULE OF SUBCONTRACTORS Category of Work BID FORM rMIRF 00300-8 Feb 07 00 08:10a R.V.C., Inc. 56I- 845 -5374 p.1 11 14 00500 AGREEMENT THIS AGREEMENT is dated and will be effective on the 3/ day of in the year 19 _, by and between Northern Pala Beach County Improveme�tt District (hereinafter called OWNER) and _ Aquatic Vegetation Control—Inc. . (hereinafter called CON- TRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Aquatic Weed Control and Marsh Maintenance Units of Development No. 5A, 16, 19, 21, 23, 24, and 29 for Northern Palm Beach County Improvement District. ARTICLE 2. ENGINEER. Representative of OWNER who may perform services of ENGINEER in accordance with the Contract Documents. "OWNER" may be substituted for the word "ENGINEER ". ARTICLE 3. CONTRACT TIME. 3.1. The Contract time runs from October 1, 1999 to September 30, 2000. At Owner's sole discretion, annual extensions may be given for up to four additional years for a total contract period of five years. The Unit Price Schedule will be subject to an annual re- negotiation that must be concluded on or before June I st of each subsequent calendar year "the re- negotiation date ". The Contract Time for each additional year will run from October 1st to September 30th. down It is solely the responsibility of the CONTRACTOR to initiate any re- negotiation of the Unit Price Schedule sixty (60) days prior to the re- negotiation dates established herein_ Failure to initiate a re- negotiation of rates prior to the date(s) established shall result in the continuation of the rates contained in the Contract until the next scheduled re- negotiation date. The OWNER reserves the right to terminate negotiations and continue Work under existing rates or terminate the Contract if agreement is not reached by the re- negotiation date. 3.2. LIQUIDATED DAMAGES. Not applicable for this Project. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, subject to adjustment as provided therein, in current funds as follows: 4.1. An amount equal to the sum of the established unit price for each separately identified item on the Unit Price Schedule times the estimated quantity of that item: TOTAL OF ALL UNIT PRICES Two-Hundred Thousand Nine and Four Hundred Twenty Four Dollars (S 209,424.00 ) (use words) (figures) (of if applicable, the Alternate 1 Unit Price Schedule) which is based on the unit price(s) in the Bid Form Unit Price Schedule for Unit Bid Items numbered Units 5A, 16. 19, 2i, 23, 24 and 29. If OWNER elects to extend the Contract Time, OWNER may in conjunction with such extension, consider reasonable increases in contractors prices to reflect increases in CONTRACTOR'S costs. AGREEMENT 02115199-N 00500 -1 lop%9" 11", �'. Feb 07 00 08:10a ta. V. C. , Inc. ARTICLE S. PAYMENT PROCEDURES. 561 - 845 -5374 CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Application for payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments in accordance with the Schedule of Values based on the Unit Price Schedule in response to CONTRACTOR's Applica- tions for Payment on a monthly basis as directed by OWNER. All progress payments will be on the basis of the number of units completed. ARTICLE 6. (This Article left blank intentionally) ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work-, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. (This Space left blank intentionally) 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. (This Space left blank intentionally) 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, reports and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepan- cies that he has discovered to the Contract Documents and the written resolution thereof by ENGLNEER is acceptable to CONTRACTOR. ARTICLE 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRAC- TOR concerning the Work consist of the following: 8.1. This Agreement consisting of 4 pages_ 8.2_ Exhibits to this Agreement identified as Contractor's Certificate of Insurance; inclusive. Contractor's Corporate Resolution (00502); AGREEMENT 02/15/99-N 005 00- 2 p.2 t I i�a�19 1 I 11 I P I M tJ !7 I r Feb 07 00 08:10a R.V.C., Inc. 561 - 845 -5374 p,3 e El 8.12. The documents listed under Article 8 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8_ The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. ARTICLE 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents wilt be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public wort:, 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, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 02/15199-N AGREEMENT 00500 -3 women 2 Q 8.3. Performance Bond and Contract Bond consisting of . 2 pages (plus Power of Attorney Forms as applicable). 8.4. Notice of Award. 8.5. General Conditions consisting of 33 , pages. 8.6. Supplementary Conditions consisting of 15 pages. 8.7. Specifications consisting of 5 pages. 8.8. Drawings not attached hereto but are listed in Exhibit Table of Contents. 8.9. Addenda numbers , i to 1 , inclusive. 8.10. CONTRACTOR's Bid consisting of 42 pages. 8.11. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modify- ing, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. El 8.12. The documents listed under Article 8 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8_ The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. ARTICLE 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents wilt be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public wort:, 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, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 02/15199-N AGREEMENT 00500 -3 women 2 Q Feb 07 00 08:11a R.V.C., Inc. 5G1 -845 -5374 ARTICLE 10. INDEMNIFICATION. 10.1. The parties agree that 1% of the total compensation paid to the Contractor for perfor- mance of this Agreement shall represent the specific consideration for the Contractor's indemnifi- cation of the Owner and Engineer as is set forth in Paragraphs 6.30 and 6.31 of the General Conditions. 10.2. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statute 725.06 (Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefor. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. Northern Pal Beach County O R Im roveme t 'strict CONTRACTOR Aquatic Vegetation Control, Inc. B- By (SE.AU 'OffO R TEAL - Attest: Il,%�! ✓/� Address for giving notices 357 Hiatt Drive 02115/99 -N Palm Beach Gardens, FL 33418 Attest: , Addrei r giving notices 6753 Garden Road, Suite 109 Riviera Beach, FL 33404 License No. N/A Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) END OF SECTION AGREEMENT 00500 -4 2` C e 0 F1 r r E Feb 07 00 08:11a i 1 A.V.C., Inc. 561- 845 -5374 PROJECT: Aquatic Weed Control and Marsh Maintenance Units of Development Nos. 5A, 9A, 16, 19, 21, 23, 24 and 29 for Northern Palm Beach County Improvement District 00501 OPINION OF ATTORNEY This is to certify that I have examined the attached Contract Documents, that after such examina- tion I am of the opinion that the Agreement and Performance and Payment Bond if so elected are in due and proper form. This the day of Attorney for Owner OPINION OF ATTORNEY 08/30/91 00501 -1 19 '11_„ . p.5 . 07 00 08:11a R.V.C., Inc. 561- 845 -5374 P.6 00502 CONTRACTOR'S CORPORATE RESOLUTION. OF A,�cVe}�mCbntrd� Inc . (Name of 'Corporation) WHEREAS, NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, a Political Subdivision of the State of Florida, has requested bids to do certain work as further set out in its Bid Documents; and WHEREAS, this corporation has submitted a bid in accordance with the aforementioned Bid Documents; and WHEREAS, a proposed Agreement has been presented to this corporation by NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT for carrying out the work as set forth in this corporation's bid; and WHEREAS, this corporation desires to enter into said Agreement with NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT; the �REFOM be it resolved, that 11�� 1, p yc�u _ rCS1C'en+ (title) of this co p oration be, and is hereby authorized and directed to execute and deliver for, on behalf of, and in the name of this corporation and under its corporate seal the aforementioned Agreement, in the form of the copy submitted at this meeting, with said copy being attached to and made a part of the Minutes of this meeting; and IT IS FURTHER RESOLVED, that the officers of this corporation be and they are hereby Im FA authorized, empowered, and directed in the name and for the account of this corporation to take or cause to be taken any and all such other and further action and to execute, acknowledge, and deliver any and all such other instruments as, in the judgment of such officers, may be necessary, proper, or convenient in order to carry out the intention of this Resolution. I certify t t the foregoing is a true copy of a Resolution of the Board of Directors of C\4- t>.a +tc_�PQe�nA --ieni orb �foI, 1ric . (name of corporation) a corporation duly organized and xistin under the laws of the State of 1 ff t G,_ haying its principal place of business at ��5-) �Cd -en 0)6 -41{)G Q,lvfera (�fcnch pi duly adopted in accordance with the By -Laws, and recorded in the Minutes of the meeting of said Board held on the 3 day of O0Q e(T)URY , 19_ q`6 and now in full force and effect; IN WITNESS WHEREOF, I have her u qto subscribed my name and affixed the seal of the said Eft corporation this �� day of Jut _ 19 q� . e eta (CORPORATE SEAL) El n can CONTRACTOR'S CORPORATE RESOLUTION 08130191 -N 00502 -1 ����23 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JANUARY 20, 2000 The January 20, 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. Mayor Russo requested a moment of silent prayer for residents who were ill or had suffered injury. 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. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted PRESENTATIONS PGA Flyover Costs Principal Planner Kim Glas Castro provided the presentation and recommended to proceed as DOT had now agreed regarding architectural amenities. Surrounding property owners supported the project; however, did not feel responsibility to share the cost because they believed their individual property values would not be increased. The Task Force desired to hold a workshop with the City Council to discuss funding opportunities and to prioritize the individual amenities to provide a working menu for DOT so that if the costs became too high they would know which amenities could be delayed to future phases. Ms. Glas Castro reported that the position of DOT and the Governor was that architectural amenities would be the responsibility of the City. A landscaping grant would be available in a year or two and other funding sources were being researched, including the possibility of a CRA. Discussion ensued regarding funding sources. Mr. Foley of Catalf imo Company reported on discussions with the Governor and funding which had been agreed to by the Secretary of Transportation totaling approximately $800,000 for aesthetics. ro M *,-"P" 24 CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000 2 CITY MANAGER REPORT Construction Manager Report Ray Casto, Construction Manager, reported electrical problems necessitated changes to the moving dates for the new Municipal Complex. The updated moving dates were now Fire Department on 2/7; Police Station on 2/14, and City Hall on 2/21. It was decided to continue to hold meetings in the present Council Chambers until it became necessary to move. Census 2000 Update Principal Planner Kim Glas Castro reported that if the census forms mailed to residents were not filled out and returned, census takers would visit individual residences. Klock Property Update It was reported that the City was waiting for DEP to issue a permit, and that negotiations were still in progress with Seacoast Utilities. COMMENTS FROM THE PUBLIC Virgil Blangy Mr. Blangy expressed concern with noise and danger from the proposed FEC railroad crossing, and presented alternative solutions. Growth Management Director Roxanne Manning reported Plat 4 residents had presented a petition to the City in August regarding the proposed railroad crossing. Mayor Russo explained that working out traffic flows was just beginning and would be a long process, and that meetings with residents would be held. Councilman Jablin reported new technology of sounding an alarm at only the crossing rather than having the train blow a whistle, and asked that alternative be researched. CONSENT AGENDA Vice Mayor Furtado moved approval of the Consent Agenda minus Item 4, Resolution 7, 2000, as it had been determined the City was not eligible for this grant at this time. Councilman Clark seconded the motion. The following items were approved on the Consent Agenda: 1. Resolution 140, 1999 - Consideration of Approval of a Master Site Plan for the Construction of a Multi - Purpose Building, a Future Sanctuary and the Expansion of the Educational and Administrative Facilities and a Phase One Site Plan for the Multi- Purpose Building for Nativity Lutheran Church. 2. Resolution 1, 2000 - Consideration of Approval of a Sign Variance for DiVosta & Company Ground Signs. 3. Resolution 3, 2000 - Consideration of Approval of an Interlocal Agreement Establishing Membership in the WM "W25 CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000 Municipal Public Safety Consortium of Palm Beach County. 3 PUBLIC HEARINGS Ordinance 45, 1999 Mayor Russo declared the public hearing open, held on the intent of Ordinance 45, 1999 - Providing for an Amendment to Ordinance 12, 1998, Approving a PUD to Amend the Elevations and signage for The Lone Pine Project Located at the Northeast Corner of Lone Pine Road and Easterly Avenue, continued from the 12/2/99 City Council meeting. Staff comments were made. Bob Bentz, agent, spoke on behalf of the petitioner, noted changes made since the last meeting, and presented elevations. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark moved that Ordinance 45, 1999 be placed on Second Reading by title only and approved. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 45, 1999 on Second Reading by title only. Ordinance 51, 1999 Mayor Russo declared the public hearing open, held on the intent of Ordinance 51, 1999 - Providing for Amendment to Ordinance 34, 1999 to Allow for an Extension of a Date Certain Condition of Approval Relating to the Calculation of Parking Requirements from 1/2/00 to 4/1/00 at the Site Known as Christ Fellowship, continued from the 1/6/00 City Council meeting. Staff comments were made which included concerns expressed at the prior meeting. Attorney Alan Ciklin spoke on behalf of the petitioner, verified that all operations would be on one side of the street after completion of the sanctuary, and addressed other concerns. It was clarified that the management document that had previously been presented was not a final plan but that work would continue to establish a management plan. Concern was expressed that the City not become involved in policing the plan, and that the Church take into consideration the sensitivities of neighbors close to the church. The importance of implementation of the plan was discussed. Joan Altwater, neighbor of the facility, was pleased that a plan would be put into writing. Mayor Russo explained that the City could act if the plan was not followed. Ms. Altwater expressed hope that the Homeowners Associations would be notified of special events at the church. Mayor Russo, Councilman Jablin, and Councilman Clark expressed hope that the church would abide by the plan in the future and stated their intention to vote for this Ordinance tonight as a show of good faith. Hearing no further comments from the I"MRansm 2f CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000 4 public, Mayor Russo declared the Public Hearing closed. Vice Mayor Furtado moved that Ordinance 51, 1999 be placed on Second Reading by title only and approved. Councilman Clark seconded the motion. The motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 51, 1999 on Second Reading by title only. Ordinance 52, 1999 Staff comments were presented. Mayor Russo declared the public hearing open, held on the intent of Ordinance 52, 1999 - Providing for Rezoning of 2.95 Acres of Land Located on the South Side of PGA Boulevard, East of BallenIsles Drive, continued from the 1/6/00 meeting. Hearing no further comments from the public, Mayor Russo declared the Public Hearing closed. The City Attorney advised Councilman Sabatello to recuse himself from voting on this Ordinance because he was one of the owners of this property, even though this Ordinance would result in no monetary gain for Mr. Sabatello. Vice Mayor Furtado moved that Ordinance 52, 1999 be placed on Second Reading by title only and approved. Councilman Clark seconded the motion, which carried by unanimous 4 -0 vote, with Councilman Sabatello abstaining. The City Clerk read Ordinance 52, 1999 on Second Reading by title only. Resolution 6, 2000 Principal Planner Kim Glas Castro presented the request for Consideration of Approval of a Sign Variance for Cathedral of St. Ignatius Loyola Ground Sign. Staff recommended approval of the requested variance. Petitioner presented the request, described the hardship, and provided photographs in support of the petitioner's position. Mayor Russo declared the public hearing open, held on the intent of Resolution 6, 2000, which had been duly advertised, for consideration of approval. Resident Siro DeGasperis spoke in favor of the request. Hearing no further comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark moved that Resolution 6, 2000 be approved.. Councilman Jablin seconded the motion. During discussion of the motion, Councilman Sabatello stated he did not feel the petitioner proved a hardship and stated he would vote against Resolution 6, 2000. Motion carried by 4 -1 vote, with Councilman Sabatello casting the nay vote. RESOLUTIONS Resolution 5, 2000 Vice Mayor Furtado moved approval of Resolution 5, 2000 - Consideration of Approval for an Amendment to Resolution 86, 1999, for Extension of a Date Certain Condition of Approval WNE»2 7 CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000 ORDINANCES Ordinance 2, 2000 ITEMS AND REPORTS BY MAYOR AND COUNCIL Vice Mayor Furtado Councilman Jablin 5 Relating to the Completion of Improvements on the Site Known as Christ Fellowship. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. Principal Planner Kim Glas Castro presented the request to place Ordinance 2, 2000 - Providing for an Amendment to the City's Comprehensive Plan by Changing the Land Use Designation on 2.59 Acres of Land Located at the Northeast and Northwest Corners of Military Trail and Northlake Boulevard on first reading by title only. Councilman Clark made a motion to place Ordinance 2, 2000 on First Reading by title only. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 2, 2000 on First Reading by title only. The Vice Mayor reported that an expired interlocal agreement between the City and County could be resurrected which might provide funds for widening a section of Burns Road. Vice Mayor Furtado reported it was believed the City Engineer's cost figures included the pedestrian walkway under the bridge and that HOV lanes were to be installed in 2005. A representative from the City Engineer's office reported that the Governor had announced a Mobility 2000 program since the last City Council meeting, which included improvements to I -95 between PGA Boulevard and Blue Heron Boulevard to be made in 2005. This program could provide an opportunity to replace the Burns Road overpass. The Vice Mayor cautioned that the overpass must be replaced before construction of the PGA Flyover. Councilman Jablin questioned whether the City could go ahead with the project and get reimbursed when the HOV lanes and other projects were funded, to which the Vice Mayor responded that was a possibility. Discussion of funding ensued. Staff was directed to check on possible County funds and other possible funding sources. Vice Mayor Furtado requested an alternate for the Northlake Boulevard Task Force, and reported contract negotiations were continuing with a design firm. Councilman Jablin presented alternative profiles for the frame of the City Seal. Mayor Russo The Mayor thanked the staff for their work for the City's 40th .OWN28 CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000 0 Birthday Party. The Mayor urged everyone to visit Devonshire. Mayor Russo expressed his opinion, and that of the City Manager, that requested speakers at Homeowners Association meetings should be elected officials. The City Manager stated either he or the Assistant City Manager would also attend. Mayor Russo reported he had met with members of the School Board and City staff members, and learned that there would probably not be a new school built in Palm Beach Gardens for seven to ten years, which had been decided based on a study of past development. Mayor Russo expressed concern that this decision did not take into account the MacArthur Foundation divestiture of land in the City. Mayor Russo explained that new figures were being calculated for the current situation but those would not be adopted before the concurrency interlocal agreement needed to be signed. It was recommended that a consultant be hired to present a plan to the School Board as soon as possible. Consensus was not to sign the interlocal agreement until the numbers were updated and there was an understanding of where the students in Palm Beach Gardens would attend school, and to obtain a consultant's report before that time which would justify the numbers. 2*110O29 CITY COUNCIL SPECIAL REGULAR MEETING, 1/20/2000 7 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Furtado, carried 5 -0, the meeting was adjourned at 9:20 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 T- - .qvft%k3 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 31, 2000 Meeting Date: February 17, 2000 Subject/Agenda Item: Approve Resolution 14, 2000 authorizing the Mayor to sign agreement with Palm Beach County to accept funding in the amount of $50,000 to develop the Westminster site location as a park. Recommendation/Motion: Consider a motion to approve Resolution 14, 2000. Reviewed by: Originating Dept: Costs: =_50,000_ Council Action: City Attorney y Parks and Recreation Total [ ]Approved Finance $ 50,000 [ ] Approved f conditions [)�, Current FY ACM ��,/ [ ]Denied Advertised: Human Res. Funding Source: [ ) Continued to: Attachments: Other Date: [ ] Operating Paper: [ X ) Other - County's I. Memo from Parks and District 1 Recreation Recreation Director Assistance Program 2. Copy of Agreement with Palm Beach [ X ] Not Required County. Submitted by: Sue Miller, Department Director Affected parties Budget Acct #:: 01 -2080- [ ] Notified 519.6350 [ ] None Approved by: City Manager [ ] Not required VPV1r-Q.!3 1 CITY OF PALM BEACH GARDENS INTEROFFICE MEMORANDUM TO: Nabar Enrique Martinez, City Manager FROM: Sue Miller, Director, Parks and Recreation SUBJECT: Westminster park funding DATE: January 31, 2000 BACKGROUND: When the plans for the new city hall were completed, it was noted that the construction on the site would cause the city to lose, among other amenities, the six shuffleboard courts, six horseshoe pits and a picnic pavilion. It was determined that these park amenities would be relocated to the former Westminster church property, located west of the Burns Road Community Center. DISCUSSION: Staff has negotiated an agreement with Palm Beach County to provide $50,000 in county funding to assist in the development of this site, including six lighted shuffleboard courts, three boccie courts, six horseshoe pits, a picnic pavilion and a restroom/storage building. An additional $150,000 has been requested for this project from the Florida Recreational Development and Assistance Program (FRDAP). The agreement calls for the City to complete the project, and subsequent accounting data, within eighteen months from the date of execution of the agreement. Upon written notification to the County at least 90 days prior to that date, the City may request an extension beyond this period for the purpose of completing this project. The County estimates that the City would be reimbursed for the project within 45 days of receipt of a written statement stating the project has been completed, along with the completed Contract Payment Request Form and a Contractual Services Purchases Schedule Form. lPXPqM;32 Additionally, during the fifteen year agreement, the city will be responsible for all costs of operation and maintenance of the site, and the City will allow the park to be open to the general public on a non - discriminatory basis regardless of residency, race, color, religion, disability, sex, age, national origin, ancestry, martial status or sexual orientation. RECOMMENDATION: Staff recommends that the Mayor sign the agreement, which would allow the County to utilize funds from it's District 1 Recreation Assistance Program, to fund the development of the Westminster park site. Olufs .tO RESOLUTION , 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PALM BEACH COUNTY FOR THE PARTIAL FUNDING OF IMPROVEMENTS AT WESTMINSTER PARK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff has negotiated an agreement with Palm Beach County to provide $50,000 in funding to assist in the development of Westminster Park; and WHEREAS, the County monies would provide partial funding for the development of six lighted shuffleboard courts, three boccie courts, six horseshoe pits, a picnic pavilion, and a restroom /storage building; and WHEREAS, the City Council determines that the execution of the agreement would be in the best interest of the residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute the Agreement Between Palm Beach County and the City of Palm Beach Gardens for the Development of Westminster Park attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. This Resolution shall become effective immediately upon adoption. ATTESTED BY: CITY CLERK VOTE: MAYOR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT MAYOR RUSSO _ VICE MAYOR FURTADO _ COUNCILMAN SABATELLO COUNCILMAN JABLIN _ COUNCILMAN CLARK _ PACPWin\ HIST0RY \000118A \43F.14\stm(1501.000) 08803 AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS FOR THE DEVELOPMENT OF WESTMINSTER PARK THIS AGREEMENT is made and entered into this day of 2000, by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County ", and the City of Palm Beach Gardens, a Florida municipal corporation, hereinafter referred to as "Palm Beach Gardens ". WITNESSETH: WHEREAS, Palm Beach Gardens owns four acres of property located at the corner of Military Trail and Burns Road; and WHEREAS, Palm Beach Gardens desires to develop said site as Westminster Park; and WHEREAS, the development of Westminster Park is estimated to cost approximately $200,000; and WHEREAS, Palm Beach Gardens has requested from County an amount not to exceed $50,000 for the development of Westminster Park to include six lighted shuffleboard courts, three boccie ball courts, six horseshoe pits, a picnic pavilion, a restroom /storage building, and associated improvements; and WHEREAS, funding for this project in the amount of $50,000 is available from District 1 Recreation Assistance Program reserves; and WHEREAS, Westminister Park shall be open to and benefit all residents of Palm Beach County; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. County agrees to fund an amount not to exceed $50,000 to Palm Beach Gardens for the development of Westminster Park to include six lighted shuffleboard courts, three boccie ball courts, six horseshoe pits, a picnic pavilion, a restroom /storage building, and associated improvements, hereinafter referred to as the "Project ". 2. County will use its best efforts to provide said funds to Palm Beach Gardens on a reimbursement basis within forty -five (45) days of receipt of the following information: a. A written statement that the Project has been completed; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as "Exhibit A ", which are required for each and every reimbursement requested by Palm Beach Gardens. Said information shall list each invoice as paid by Palm Beach Gardens and shall include the vendor invoice number; invoice date; and the amount paid by Palm Beach Gardens along with the number and date of the respective check for said payment. Palm Beach Gardens shall attach a copy of each vendor invoice paid by Palm Beach Gardens along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule Form. Further, Palm Beach Gardens' Project Administrator and Project Financial Officer shall certify the total funds spent by Palm Beach Gardens on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchases Schedule Form was paid by Palm Beach Gardens as indicated. 3. Palm Beach Gardens warrants that the Project depicted on "Exhibit B ", attached hereto and made a part hereof, shall be open to the general public on a non- discriminatory basis regardless of residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 2 M. 3 4. Palm Beach Gardens shall complete the Project and provide accounting data to County for same on or before eighteen (18) months from the date of execution of this Agreement by the parties hereto. Upon written notification to County at least ninety (90) days prior to that date, Palm Beach Gardens may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Palm Beach Gardens' request for said extension. 5. Palm Beach Gardens shall be responsible for all costs of operation and maintenance of the Project. 6. The term of this Agreement shall be for fifteen (15) years commencing upon the date of execution by the parties hereto. 7. Palm Beach Gardens shall indemnify, defend and hold harmless Palm Beach County against any actions, claims, or damages arising out of Palm Beach Gardens' negligence in connection with this Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement to indemnify the County for the County's negligent acts or omissions. 8. Prior to execution of this Agreement by the County, Palm Beach Gardens shall provide either a certificate evidencing insurance coverages as required herein or a statement of self insurance from Palm Beach Gardens' Risk Manager. Palm Beach Gardens shall, during the term of this Agreement and any extension hereof, maintain in full force and effect self insured or commercial general liability insurance, including contractual liability and completed operations liability, in the amounts specified in Section 768.28, Florida Statutes, to specifically cover all exposures associated with the Project and terms and conditions of this Agreement. Where permissible with 3 rp respect to the above coverages, such policy shall include Palm Beach County as additional insured and shall contain a clause providing the County with at least thirty (30) days prior notice in the event of cancellation, non - renewal, or material adverse change in coverage. Compliance with the foregoing requirements shall not relieve Palm Beach Gardens of its liability and obligations under this Agreement. 9. The parties may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 10. This Agreement shall be governed by the laws of the State of Florida, and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 11. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to the Town of Palm Beach Gardens: Director /Parks and Recreation 4404 Burns Road Palm Beach Gardens, Florida 33410 4 IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN, Clerk By: By: Deputy Clerk Chair ATTEST: CITY OF PALM BEACH GARDENS, BY ITS CITY COUNCIL By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney 5 PALM BEACH COUNTY EXHIBIT A PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST (Project) Grantee Request Date Billing # Billing Period PROJECT PAYMENT SUMMARY Project Costs Cumulative Total Item This Billing Project Costs Project Costs Consulting Services Contractual Services Materials, Supplies, Direct Purchases _ Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS Certification: I hereby certify that the above were incurred forthe work identified as being accomplished in the attached progress reports. Administrator /Date Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Financial Officer /Date PBC USE ONLY County Funding Participation $ Total Project Cost $ Total project costs to date $ County obligation to date $ County retainage (_ %) ( ) County funds previously disbursed ( ) County funds due this billing $ Reviewed and Approved by: PBC Project Administrator /Date Department Director /Date 1 OF 2 Q H m 2 X W W J I- Q W W � V W Z W = � Q V 0Oa W Q w U_ coU� C < W W ce- N Q Q J n. Z Q E- `" V Y Q Q< Cd � Z O V u a, 0 a "D y O w 'L ro CL 00 0o c c m m c c ro — U m W E ro Z 0 .r u ro c 0 V CL a a) v s w — o0 ro c w 's vT •- _ a E a o u u T v � ro � c s � c � o v w a, v ° V ro IN v w O ro V c ro c U- a� o` m N 0 N v � a u 4) 4) c c V t0 d 7r 7 aJ ro w C is A O ` •C R O d E v y y ro d ro ,0; > coo c ro v = o °_ ro o� c CL > V � ro u w 0 � to a w ro y O T a. U � 7 L CL dw o a a c c M. ° ° ro t° o 4) = a� CL u .= Y Q o w u V v Q F- 0 O m -Y Z t t R U -o V > ro a o= Z (•-' b a, ro c c o V � m u 'p W E ro Z 0 .r u ro c 0 V CL a a) v s w — o0 ro c w 's vT •- _ a E a o u u T v � ro � c s � c � o v w a, v ° V ro IN v w O ro V c ro c U- a� o` m N 0 N CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date of Meeting: February 17, 2000 Date Prepared: February 11, 2000 Subject/Agenda Item Adoption of Resolution 17, 2000, in support of a specialized schedule for the opening of the PGA Boulevard drawbridge. Recommendation /Motion: Staff recommends approval of Resolution 17, 2000. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth [ ] Approved Management Finance NA ACM � $ [ ]Approved w/ �6 Current FY condifions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: NA [ ] Operating Attachments: [ ] Other Letter to FDOT [ ] Not Required Resolution 17, 2000 Submitted by: Gro h Management Affected parties Budget Acct. #:: Director [ X ] Notified [ ] None Approved by: City Manager [ ] Not required REQUEST: For adoption of Resolution 17, 2000, a resolution in support of a specialized opening schedule for the PGA Boulevard drawbridge. Council supports a recommended schedule of opening no more than twice each hour during the course of each day, and once each hour during the morning and evening rush hours of 7:00 A.M. to 8:00 A.M. and 5:30 P.M. to 6:30 P.M. Additional information is attached. g /short: pgadrawbridge.openings jp vx wa 4 RESOLUTION 17, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING A SPECIALIZED SCHEDULE FOR THE OPENING OF THE PGA DRAWBRIDGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as the City's designated "Main Street," the traffic along PGA Boulevard is of great concern to the City of Palm Beach Gardens; and WHEREAS, the City Council recognizes that the opening of the PGA Boulevard Drawbridge over the Intracoastal Waterway impacts traffic performance standards along PGA Boulevard; and WHEREAS, in an effort to minimize negative impacts on traffic and enhance the level of service, the City Council supports a specialized schedule for the opening of the PGA Boulevard Drawbridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Section 1. The City Council supports a specialized schedule for the opening of the PGA Boulevard Drawbridge in order to minimize negative impacts on traffic along PGA Boulevard. Specifically, the Council strongly recommends that the drawbridge be opened no more than twice each hour on a regular schedule during the course of each day (for example on the hour and half -hour) and once each hour during the morning and evening rush hours of 7:00 A.M. to 8:00 A.M. and 5:30 P.M. to 6:30 P.M. Section 2. The City Council hereby authorizes the City Clerk to distribute a copy of this Resolution to the Florida Department of Transportation and any other appropriate local, state or federal agency. Section 3. 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 %u Resolution 17, 2000 Page 2 VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK AYE NAY ABSENT P : \CPWm \H 1STORY \000208A \43F.15\stm(1501.000) Ip®M 4 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: February 11, 2000 Meeting Date: February 17, 2000 Subject/Agenda Item: Resolution 18, 2000 Granting a Water Utility Easement to Seacoast Utilities. Recommendation /Motion: Approval of Resolution 18, 2000 Reviewed by: Originating Dept.: Costs: $ NA Council Action: Total City Attorney [ ] Approved Finance $ ( ] Approved w/ conditions ACM Current FY [ ] Denied Human Res. Other Funding Source: [ ] Continued to: Advertised: NA Attachments: Date: [ ] Operating Paper: [ x] Not Required [ ] Other I Submitted by: Beth Ingold -t ove Affected parties ( ] Notified Budget Acct. #:: ( ] None Approved by: [ ] Not required BACKGROUND: The attached resolution grants an easement, as set forth in the attached legal description, to Seacoast Utilities to construct, install, operate and maintain. 1 05%,154. RESOLUTION 18,2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL TO GRANT AN EASEMENT TO SEACOAST UTILITIES FROM THE CITY OF PALM BEACH GARDENS ON CITY OWNED PROPERTY LOCATED BETWEEN BURNS ROAD AND JOHNSON DAIRY ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens desires to grant an easement area to Seacoast Utilities to construct, install, operate and maintain certain utilities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby authorizes the Mayor to execute the Easement Agreement attached hereto as Exhibit "A ", between the City and Seacoast Utilities for land located between Burns Road and Johnson Dairy Road, as described in the legal description attached hereto as Exhibit "B ". SECTION 2. This Resolution shall be effective upon adoption INTRODUCED, PASSED AND ADOPTED THIS DAY OF FEBRUARY, 2000. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT onm+r5 Z Return To: Bruce Gregg Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, F1 33410 PCN# EASEMENT DEED TIRS EASEMENT DEED made and entered into this . day of 2000 between The City of Palm Beach Gardens, a Florida Municipal Corporation, hereinafter referred to as "Grantor ") whose address is 10500 North Military Trail, Pahn Beach Gardens, Florida 33410 and Seacoast Utility Authority (hereinafter referred to as "Grantee ") whose address is 4200 Hood Road, Palm Beach Gardens, Florida, 33410. W ITNESS ETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual utility easement which shall permit the Grantee to enter upon the property herein described at any time to install, operate, maintain and service water lines and appurtenant facilities in, on, over, under and across the easement premises. The easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A', ATTACHED HERETO AND MADE A PART HEREOF Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. %45 JUHN A GRANT JR INC 3333 NORTH FEDERAL HIGHWAY CONSULTING ENGINEERS & LAND SURVEYORS BOCA RATON. FLORIDA 334 PHONE : (561) 395 -3333 LICENSED BUSINESS If LB 50 FAX : (561) 395 -33 SKLTCH OF WATER LINE EASEMENT PALM BEACH GARDENS MUNICIPAL COMPLEX A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST NOTE PALM BEACH COUNTY, FLORIDA BEARINGS SHOWN HEREON ARE BASED ON A BEARING JOHNSON OF N.01'33'1 1 "E. ALONG THE WEST LINE OF THE DAIRY ROAD NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. SOUTH RIGHT -OF -WAY LINE SUBSC(T LOCATION \ OF JOHNSON DAIRY ROAD a LARK LOCATION MAP Q N W ry z ~ N O 2 - WUW Qf F=-Nz Q Q Z goof F_- w z�0 _I z o<No O U CY N W U F— I.— `t Li to N Q r O z 0 000 zz F- N.T.S. MATCH ° w POINT 411, r' � i - S88'2 8'43 "E N0. 2 00.93 -- 0 12.00' PROPOSED o z y o z I__ Z :n ,r ( WATER LINE a a w z m N I EASEMENT �I 11� N01'51 '31 "E S89'05'00 "E S88'26'33 "E 104.57' 302.65' I 140.09' I POINT "C" I I I C o `V PROPOSED 12' "E WATER LINE - o in EASEMENT ) rn PROPOSED 20' :- N WATER LINE N EASEMENT E 20.00' 12.00' EGINNING 82649 E 15.40' EAST RIGHT -OF -WAY LINE OF MILITARY TRAIL �S88'29'38 "E 50.00' Drawn By LJR Date 2 -1 -2000 Checked By �� F.B. P9, Scale I" = 100' Job No. JG -100 -8346 Sheet 1 of 4 FILE NAME : 0: \JG8346 \WSEASEMT.OWG - COMPUTER NO. 2 THIS IS A NOT SURVEY. N F- N Ln N Z ow F- cD z N � o F=- W NO N REVI A APPROVED ED E LEH MAN PROFESSIONAL LAND SURVEYOR NO STATE OF FLORIDA 3333 NORTH FEDERAL HIGHWAY PHONE : (561) 395 -3333 SKETCH OF WATER LINE EASEMENT PALM BEACH GARDENS MUNICIPAL QUARTER OF A PORTION OF THE NORTHEAST OUTH, RANGE 42 EAST SECTION 12, TOWNSHIP PALM BEACH COUNTY, FLORIDA JVrilIN JN., INU. CONSULTING ENGINEERS & LAND SURVEYORS BOCA RATON, FLORIDA 3, LICENSED BUSINESS # LB 50 FAX : (561) 395 -3 SOUTH RIGHT -OF -WAY LINE JOHNSON DAI RY1 ' �OF JOHNSON DAIRY ROAD + ROAD I a MATCH POINT I I 588'28'43 "E _°o NOTE I Z N0. 2 �\ I 1020.93 BEARINGS SHOWN HEREON Zi w '+• ARE BASED ON A BEARING f (I _ 12.00' PROPOSED OF N.01'33' 11 "E. ALONG • U WATER LINE tD - THE WEST LINE OF N ' EASEMENT NORTHEAST QUARTER OF o SECTION 12, TOWNSHIP 42 z I SOUTH, RANGE 42 EAST, .I PALM BEACH COUNTY, FLORIDA. Q JOHNSON DAIRY ROAD Z ' SOUTH RIGHT -OF- Z J f S88'28'43 "E o WAY LINE OF f J 1020.93' JOHNSON DAIRY = U f N ROAD `PROPOSED 12' WATER--j , LINE EASEMENT 1 I •JOHNSON m DAI RY PROPOSED 12'„ m ROAD - - WATER MENTE a �8 43 17, S88'28'43"E = j 1020.93 I �Si9. I F Drawn By UR Dote 2 -1 -2000 Checked By .,446)f F.B. P9. - Scale CV / { O� S88'26'05 "E 256.38' I" = 100' Job No. JG -100 -8346 Sheet 2 of 4 FILE NAME : D: \JG8346 \WSEASEMT.DWG - COMPUTER NO. 2 NA L o0 z CV Q o3� F-O w� U) 96TW LKATIOP �9 IF I a) VARK LOCATION MAP N.T.S. THIS IS A NOT SURVEY_ REVIE FREDERICK M. PROFESSIONAL STATE OF FLO a APP D LEHMAN LAND SURVEYOR NO. 4,304 :RIDA a, 101-0 JOHN A. GRANT, JR., INC. JG 100 -8346 Consulting Engineers & Land Surveyors January 31, 2000 3333 North Federal Highway Page 3 of 4 Boca Raton, FL. 33431 LEGAL DESCRIPTION 12 FOOT AND 20 FOOT WATER LINE EASEMENTS- - A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST Two water line easements, 12 feet and 20 feet wide, lying in a portion of Section 12, Township 42 South, Range 42 East, Palm Beach County, Florida, the centerline of said easement being more particularly described as follows: COMMENCING at the Southwest comer of the Northeast Quarter of said Section 12, also being the centerline intersection of Military Trail (S. R. No. S-809) and Bums Road; THENCE with a bearing of S. 88° 29'38" E., along the South line of the Northeast Quarter of said Section 12 and the centerline of Bums Road, a distance of 50.00 feet to a point; THENCE with a bearing of N. 01 ° 33' 11" E.,along the East right -of -way line of Military Trail, a distance of 916.40 feet to a point; THENCE with a bearing of S. 880 26' 49" E., a distance of 15.40 feet to the POINT OF BEGINNING of the centerline of said 12 foot water line easement; THENCE continue with a bearing of N. 010 51'31" E., a distance of 20.00 feet to a point said point being designated as POINT "C "; THENCE continue with a bearing of N. 010 51'31" E., a distance of 104.57 feet to a point; THENCE with a bearing of S. 890 05' WE., a distance of 302.65 feet to a point, said point being designated as POINT "D "; THENCE with a bearing of S. 880 26'33" E., a distance of 140.09 feet to a point; THENCE with a bearing of S. 01 ° 13' 50" W., a distance of 217.95 feet, more or less, to the POINT OF TERMINUS of this portion of the centerline of said 12 foot water line easement. ALSO, beginning at the aforedescribed POINT "C "; USI®IM5a JOHN A. GRANT, JR., INC. Consulting Engineers & Land Surveyors 3333 North Federal Highway Boca Raton, FL. 33431 J G 100 -8346 January 31, 2000 Page 4 of 4 THENCE with a bearing of S. 88° 08'29" E., a distance of 33.33 feet, more or less, to the POINT OF TERMINUS of this portion of the centerline of the 20 foot water line easement. ALSO beginning at the aforedescribed POINT "D "; THENCE with a bearing of N. 01 ° 51' 15" E., a distance of 257.64 feet to a point; THENCE with a bearing of S. 880 28' 43" E., a distance of 1,020.93 feet to a point; THENCE with a bearing of S. 360 59'36'E., a distance of 72.83 feet to a point; THENCE with a bearing of S. 880 26'05" E., a distance of 256.38 feet to a point; THENCE with a bearing of N. 40° 52'02" E., a distance of 88.68 feet to a point; THENCE with a bearing of N. 80° 20' 21" E., a distance of 43.17 feet, more or less, to the POINT OF TERMINUS of this portion of the centerline of the 12 foot water line easement; ALL CONTAINING 30,773 square feet (0.706 acre) more'or less and subject to easements and rights -of -way record. C:VspacsUegalsVeg8346wateav,pa ¢V ■star. 5 2 JVhIV H. UI- AIV I , JN., INU. .i333 NORTH FEDERAL HIGHWAY CONSULTING ENGINEERS & LAND SURVEYORS BOCA RATON, FLORIDA 33 I PHONE : (561) 395 -3333 LICENSED BUSINESS # LB 50 FAX : (561) 395 -3 SKETCH OF WATER LINE EASEMENT PALM BEACH GARDENS MUNICIPAL COMPLEX A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST PALM BEACH COUNTY, FLORIDA NOTE : BEARINGS SHOWN HEREON ARE BASED ON A BEARING OF N.01'33'1 1 "E. ALONG THE WEST LINE OF THE 1 NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42.., 11 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. J Date 2- 1-2.000 Q F.B. Pg. ry Job No. JG- 100 -8346 �-- F- N r-- W O � W U W Q uj I— V) Z J 00 zwo Ocr D N U CY N Z WNQ OZ =Zz W 2 00 00000 dU (nZt`- W M O Z �J I � OQ 1 _~ J 2 � c� W O W Q� w 1 N87.53'59 "W 14.09' POINT "A" POINT OF — BEGINNING _ W(— w� 10_ 00_ 0) M I\ 0),7 00 Iq (0 N n 00 ZN Z w W in_ CO_ N O O O N O z � O Z S88'29'38 "E 266.87 of . 508%�- 00 1 i d Qi O I 5 N L. a a ARC c�1. 112 j LOCATION MAP N.T.S. S87'29I04 19E 27.24' `-_POINT "B" POINT OF BEGINNING I 12.00' PROPOSED 12' W ATER LINE EASEMENT IW Io° W I Q t')O -� M =Z� M O r\ � a0 0 J (n I I O� Z Zr) N !0 a0 � Q � Iv Z z of I OZ I 00 - �NO 1 *33'11 "E 30.00' BURNS BEGINNING 50.00' S88 "29'38 "E ROAD 50.00' Drawn By UR Date 2- 1-2.000 Checked By - )i96j1 F.B. Pg. Scale 1' = 100' Job No. JG- 100 -8346 Sheet 1 of 3 FILE NAME : 0: \JG8346 \WSEASEMT.DWG - COMPUTER NO, 2 THIS IS A NOT SURVEY. REVIEWED AND APPROVED N Q- N N Z �- ow I- c� z N �r- p::) � p w0 (n FREDERICK M. LEHMAN PROFESSIONAL LAND SURVEYOR NO. 4304 STATE OF FLORIDA � JOHN A. GRANT, JR., INC. JG 100 -8346 Consulting Engineers & Land Surveyors January 31, 2000 3333 North Federal Highway Page 2 of 3 Boca Raton, FL. 33431 LEGAL DESCRIPTION 12 FOOT WATER LINE EASEMENT A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST A water line easement, 12 feet wide, lying in a portion of Section 12, Township 42 South, Range 42 East, Palm Beach County, Florida, the centerline of said easement being more particularly described as follows: COMMENCING at the Southwest corner of the Northeast Quarter of said Section 12, also being the centerline intersection of Military Trail (S. R. No. S-809) and Bums Road; THENCE with a bearing of S. 880 29'38" E., along the South line of the Northeast Quarter of said Section 12 and the centerline of Bums Road, a distance of 50.00 feet to a point; THENCE with a bearing of N. 01 ° 33' 11" E., a distance of 30.00 feet to a point; THENCE with a bearing of S. 880 29'38" E., along the North right- of-way line of Bums Road, a distance of 266.87 feet to the POINT OF BEGINNING of the centerline of said 12 foot water line easement; THENCE with a bearing of N. 01 ° 33' 33" E., a distance of 8.83 feet to a point; THENCE with: a bearing of N. 850 37' 18" W., a distance of 23.63 feet to a point; THENCE with a bearing of N. 000 33'01" E., a distance of 109.80 feet to a point; THENCE with a bearing of N. 01 ° 28' 38" E., a distance of 87.57 feet to a point; THENCE with a bearing of N. 03" 49115" E., a distance of 26.19 feet to a. point, said point being designated as POINT "A°; THENCE continue with a bearing of N. 030 49' 15" E., a distance of 17.82 feet to a point, said point being designated as POINT "B °; THENCE continue with a bearing of N. 030 49' 15" E., a distance of 92.20 feet, more or less, to the POINT OF TERMINUS of this portion of the centerline of the 12 foot water line easement. JOHN A. GRANT, JR., INC. Consulting Engineers & Land Surveyors 3333 North Federal Highway Boca Raton, FL. 33431 ALSO, beginning at the aforedescribed POINT "A "; JG 100 -8346 January 31, 2000 Page 3 of 3 THENCE with a bearing of N. 87° 53' 59" W., a distance of 14.09 feet, more or less, to the. POINT OF TERMINUS of this portion of the centerline of the 12 foot water line easement. ALSO beginning at the aforedescribed POINT "B "; THENCE with a bearing of S. 870 29'04" E., a distance of 27.24 feet, more or less, to the POINT OF TERMINUS of this portion of the centerline of the 12 foot water line easement. ALL CONTAINING 4,744 square feet (0.109 acre) more or less and subject to easements and rights -of -way of record. CAwpd \1ep 1sueg8346watecl.wpd J% m®maw-55 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: February 11, 2000 Meeting Date: February 17, 2000 Subject/Agenda Item Resolution 19, 2000 Granting a Sewer Easement to Seacoast Utilities. Recommendation /Motion: Approval of Resolution 19, 2000 Reviewed by: Originating Dept.: Costs: $ NA Council Action: Attorney City Y Totaf ( ] Approved Finance $ [ ] Approved ./conditions ACM Current FY [ ] Denied Human Res. Other Funding ource: g ( ]Continued to: Advertised: NA Attachments: Date: [ ] Operating Paper: [ x] Not Required [ ] Other Submitted by: Beth Ingold -Love " Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: [ ] Not required BACKGROUND: The attached resolution grants a sewer easement to Seacoast Utilities to construct, install, operate and maintain. Also attached is the legal description for the location of the easement. ■®low56 RESOLUTION 19,2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL TO GRANT AN EASEMENT TO SEACOAST UTILITIES FROM THE CITY OF PALM BEACH GARDENS ON CITY OWNED PROPERTY LOCATED BETWEEN BURNS ROAD AND JOHNSON DAIRY ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens desires to grant an easement area to Seacoast Utilities to construct, install, operate and maintain certain utilities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby authorizes the Mayor to execute the Easement Agreement attached hereto as Exhibit "A ", between the City and Seacoast Utilities for land located between Burns Road and Johnson Dairy Road, as described in the legal description attached hereto as Exhibit "B ". SECTION 2. This Resolution shall be effective upon adoption INTRODUCED, PASSED AND ADOPTED THIS DAY OF FEBRUARY, 2000. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT %a-M-X Tessler & associates AVCONSULTING ENGINEERS 11211 Prosperity Farms Rd., Suite C -301 Palm Beach Gardens, Florida 33410 Phone (561) 627 -22226 Fax (561) 624 -1569 TO AE. y C 4—L' WE ARE SENDING YOU Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ L [E'ff U [Elm OF UGD3 WSEUT.To- DATE IJOB NO, ATTENTION RE: _ P. Q. moo., d,.,s Mwt(Cjr'a -f the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION �s t7 D THESE ARE TRANSMITTED as checked below: j< For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE _ 19 REMARKS ❑ Resubmit copies for approval • Submit copies for distribution • Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US F C ,� !n 'C 1CC, �- C.11' (V � �� �( %J E v J C a ¢n 4 l T o C sa a ct u (s! ✓� c C_o o� .� ✓ c c,, ✓ yj C A 1/ Ii f i- COPY TO SIGNED: If enclosures are not As noted. kindly notify us At once. Return To: Bruce Gregg Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, Fl 33410 PCN# EASEMENT DEED THIS EASEMENT DEED made and entered into this day of , 2000 between The City of Palm Beach Gardens, a Florida Municipal Corporation, hereinafter referred to as "Grantor ") whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410 and Seacoast Utility Authority (hereinafter referred to as "Grantee ") whose address is 4200 Hood Road, Palm Beach Gardens, Florida, 33410. WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual utility easement which shall permit the Grantee to enter upon the property herein described at any time to install, operate, maintain and service sewer lines and appurtenant facilities in, on, over, under and across the easement premises. The easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A ", ATTACHED HERETO AND MADE A PART HEREOF Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. WITNESSES: GRANTOR: Signed, sealed and delivered in the presence of: Witness Signature Print Name Witness Signature Print Name By: 1 pwrwm59 STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this day of 2000, by Joseph R. Russo, Mayor, who is personally known to me or who has produced as identification and who did not take an oath. D EEDJPGAMUNSW.wp020700\Municipal Notary Signature Print Name Notary Public - State of Florida Commission No: My Commission Expires: 2 ONFROMFi Q JOHN A. GRANT, JR., INC. 3333 NURTH FEDERAL HIGHWAY CONSULTING ENGINEERS & LAND SURVEYORS PHONE : (561) 395 -3333 LICENSED BUSINESS # LB 50 NOTE : BOCA RATON, FLORIDA 33, FAX : (561) 395 -3,1 SKETCH OF SANITARY SEWER EASEMENT PALM BEACH GARDENS MUNICIPAL COMPLEX A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST PALM BEACH COUNTY, FLORIDA BEARINGS SHOWN HEREON ARE BASED ON A BEARING OF N.01'33' 11 "E. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. I Q ry 1 I Ll- 0 i� 0 of 2z>— J Q N i-- J �3-5 N 6 z O N W U W 00 Z 0 0 N U cc ke ca G7 w M M 0 z ION rm BLVD MATCH POINT NO. 1 ON L a PARK c'J "Ilu °• LOCATION MAP `D N.T.S. IIColl w I m S88'26'49 "E I cn }- 16.91 ' I °' POINT OF Q I I_ BEGINNING i l 1 2.00' J III 12.00' II 04� II III 3 0�� III � }z z I I �N o� W I f 3 Nz II "in ir<� II 00 �W LJ N N (/) N z oWN z N k- 0� 1= 00 In t� ON vi I t0 II N W � p O� (S50'45'40 "E rn I v 45.75' °0oz n w W c 0 �J: z S87'25'45 "E 0 0 00 0 0 ( I 145.09' 3 I I n U U)zF - I ---'� 0 i I z NORTH RIGHT -OF -WAY I MATCH POINT NO. 1 LINE OF BURNS ROAD 688'29'38 "E BURNS THIS IS A NOT SURVEY. 50.00' ROAD Drawn By LJR Date 2 -1 -2000 Checked By VJIIWf F.B. Pg. - Scale 1" = 100' Job No. JG- 100 -8346 Sheet 1 of 2 REVIEWED AND APPROVED - z /i /oa REDERICK M. LEHMAN PROFESSIONAL LAND SURVEYOR NO. 4,304 FILE NAME : O: \JG8346 \WSEASEMT.DWG - COMPUTER NO. 2 STATE O F FL O RID v p rn Wv 6 I JOHN A. GRANT, JR., INC. JG 100 -8346 Consulting Engineers & Land Surveyors January 31, 2000 3333 North Federal Highway Page 2 of 2 Boca Raton, FL. 33431 LEGAL DESCRIPTION 12 FOOT SANITARY SEWER EASEMENT A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST A sanitary sewer easement, 12 feet wide, lying in a portion of Section 12, Township 42 South, Range 42 East, Palm Beach County, Florida, the centerline of said easement being more particularly described as follows: COMMENCING at the Southwest comer of the Northeast Quarter of said Section 12, also being the centerline intersection of Military Trail (S. R. No. S-809) and Bums Road; THENCE with a bearing of S. 880 29' 38" E., along the South line of the Northeast Quarter of said Section 12 and the centerline of Bums Road, a distance of 50.00 feet to a point; THENCE with a bearing of N. 01 ° 33' 11" E., along the East right -of -way line of Military Trail, a distance of 916.66 feet to a point; THENCE with a bearing of S. 88° 26' 49" E., a distance of 16.91 feet to the POINT OF BEGINNING of the centerline of said 12 foot sanitary sewer easement; THENCE with a bearing of S. 01 ° 27' 09'W., a distance of 365.75 feet to a point; THENCE with a bearing of S. 00° 09'33" E., a distance of 151.63 feet to a point; THENCE with a bearing of S. 01 ° 29' 41" W., a distance of 332.45 feet to a point; THENCE with a bearing of S. 500 45'40" E., a distance of 45.75 feet to a point; THENCE with a bearing of S. 87° 25'45" E., a distance of 145.09 feet to a point; THENCE with a bearing of N. 01 ° 37' 56" E., a distance of 100.05 feet, more or less, to the POINT OF TERMINUS of this portion of the centerline of the 12 foot sanitary sewer easement. ALL CONTAINING 13,689 square feet (0.314 acre) more or less and subject to easements and rights -of -way of record.. C :hvpdocs\legatsueg8346sewer_wpd J� 10MMOV6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 02/01/00 Meeting Date: 02/17/00 Subject/Agenda Item Ordinance 1, 2000, Granting a Solid Waste, Recycling and Vegetative Waste Collection Franchise Recommendation /Motion: Consider a motion to approve Ordinance 1, 2000 on second reading by title only. Reviewed by: Originating Dept.: Costs: $ 1,082,496 Council Action: (Total) City Attorney Finance [ ] Approved $ 1,110,000 [ ] Approved w/ Finance Current FY conditions ACM [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: February 2, 2000 [ x] Operating Other Paper: Palm Beach Post [ ] Not Required [ ] Other Memorandum Ordinance 1, 2000 Submitted by: Kent R. Olson��Jz�,1ao Department Director Affected parties [ ] Notified Budget Acct. #: 01- 0900 - 519.3440 [ ] None Approved by: City Manager ( X ] Not required BACKGROUND: Ordinance 1, 2000 was approved on first reading on January 6, 2000. See attached memorandum. ®NSIP63 MEMORANDUM TO Nabar E. Martinez, City Manager FROM Kent R. Olson, Finance Director /A SUBJECT : Solid Waste, Recycling and Vegetative Waste Collection Franchise DATE February 1, 2000 BACKGROUND The City advertised for bids on November 3 for Solid Waste, Recycling and Vegetative Waste Collection Services. The City received a total of five (5) bids; the qualifications statements were opened on December 7, with the price bids for those firms that qualified to be opened on December 21. The bid was awarded to Waste Management of Palm Beach at the January 6, 2000 City Council Meeting. DISCUSSION The City's Charter requires that any franchise be awarded by ordinance. Ordinance 1, 2000, awarding a franchise to Waste Management, was approved on first reading at the January 6, 2000 Regular City Council Meeting. Ordinance 1 authorizes the Mayor to execute the Franchise Agreement on behalf of the City. Waste Management has reviewed and executed two original copies of the proposed franchise agreement contained in Ordinance 1, 2000. RECOMMENDATION Staff recommends approving Ordinance 1, 2000 on second reading and awarding the Solid Waste, Recycling and Vegetative Waste Collection Services franchise to Waste Management. December 28, 1999 ORDINANCE 1, 2000 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING TO WASTE MANAGEMENT, INC. A SOLID WASTE, RECYCLING AND VEGETATIVE WASTE COLLECTION SERVICES FRANCHISE, WHICH AGREEMENT IS ATTACHED AS EXHIBIT "A "; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to enter into an agreement with Waste Management, Inc. for an exclusive five (5) year Solid Waste, Vegetation and Recycling Collection Services Franchise; and WHEREAS, based on Waste Management, Inc.'s response to the City's Invitation to Bid, the parties desire to enter into the proposed agreement which is attached hereto as Exhibit "A" and by this reference made a part hereof; and WHEREAS, said Franchise Agreement is in the best interest of the citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby grants to Waste Management, Inc. a five (5) year exclusive Solid Waste, Vegetation and Recycling Collection Services Franchise and authorizes the Mayor and City Clerk to execute said Franchise Agreement on behalf of the City. Section 2. As a condition precedent to the taking effect of this grant, Waste Management, Inc. shall file its acceptance hereof with the City Clerk within 30 days of the date of adoption of this Ordinance. Section 3._ All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. ORDINANCE 1, 2000 PAGE 2 Section 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF MAYOR JOSEPH RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO , 2000. , 2000. 2000. COUNCILWOMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS, FLORIDA FIX WASTE MANAGEMENT, INC. o.w —Q.6?: TABLE OF CONTENTS ARTICLE I GENERAL INFORMATION 1. LIAISON BETWEEN CITY AND CONTRACTOR 1 2. COMMENCEMENT OF WORK 1 3. TERM 1 4. DEFINITION OF TERMS 1 5. DESCRIPTION OF THE WORK 6 5.1 Contractor Responsibility 6 5.2 Protection of Adjacent Property and Utilities 6 5.3 Spillage 6 5.4 Designated Facility 6 ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR - SOLID WASTE COLLECTION 6. RESIDENTIAL COLLECTION SERVICE 7 6.1 Scope 7 6.1.1 Frequency of Collection 7 6.1.2 Hours of Collection 7 6.1.3 Point of Pickup of Residential Solid Waste 7 6.1.4 Curbside Collection 7 6.1.5 Containerized Collection 8 6.1.6 Method of Collection of Residential Solid Waste 8 6.1.7 Vacant Lots 8 7. COMMERCIAL COLLECTION SERVICE 9 7.1 Scope 9 7.1. l Frequency of Collection 9 7.1.2 Point of Pickup of Commercial Solid Waste 9 7.1.3 Commercial Receptacles 9 7.1.4 Method of Collection of Commercial Solid Waste 9 7.2 Exclusions 9 8. MUNICIPAL COLLECTION SERVICE 9 8.1 Scope 9 8.1. l Collection and Containers 10 8.2 Special Events 10 1P ON VO IC 6 8. 9. SCHEDULE OF ROUTES 10 9.1 Schedules 10 9.2 Access 10 9.3 Natural Disasters 11 9.4 Holidays 11 10. COLLECTION EQUIPMENT 11 11. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE AND SLUDGE 12 ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING 12. DESCRIPTION OF THE WORK 12 12.1 Scope 12 12.2 Frequency of Collection 12 12.3 Hours of Collection 12 12.4 Point of Pickup of Recyclable Materials 13 12.5 Receptacles 13 12.6 Method of Collection of Recyclable Materials 13 12.7 Schedules and Routes 13 12.8 Monitoring Records 14 12.9 Marketing of Recyclable Materials 14 12.10 Equipment 14 12.11 Holidays 15 13. PROMOTION: PUBLIC RELATIONS AND EDUCATION 15 ARTICLE IV SERVICES TO BE PERFORMED BY THE CONTRACTOR - VEGETATIVE WASTE COLLECTION 14. DESCRIPTION OF WORK 15 14.1 Scope 15 14.2 Frequency of Collection 15 14.3 Hours of Collection 15 14.4 Point of Pickup of Vegetative Waste 15 14.5 Preparation of Vegetative Waste for Collection 16 14.6 Method of Collection of Vegetative Waste 16 14.7 Routes 16 14.8 Equipment 16 14.9 Holidays 17 rpomnW6g ARTICLE V QUALITY SERVICE 15. CONTRACTOR'S PERSONNEL 17 15.1 Contractor's Officer(s) 17 15.2 Dangerous Animals and Solid Waste Collection 17 15.3 Conduct of Employees 17 15.4 Employee Uniform Regulations 17 15.5 Compliance with State, Federal and Municipal Law 17 15.6 Fair Labor Standards Act 18 15.7 Driver's License 18 15.8 Training 18 15.9 Non - discrimination 18 15.10 Drug -Free Workplace 18 16. CONTRACTOR'S OFFICE 18 16.1 Office and Equipment Yard 18 16.2 Notification to Customers 18 ARTICLE VI CHARGES, RATES, AND LEVEL OF SERVICE 17. PAYMENT AND BILLING 18 17.1 Compensation 18 17.2 Billing Procedures 19 17.3 Disposal Costs 19 17.4 Unusual Changes or Costs 20 17.5 Level and Type of Service for Collection of Other Wastes 20 ARTICLE VII CONTRACT PERFORMANCE /PENALTIES /DEFAULT 18. CONTRACT PERFORMANCE 20 19. COOPERATION /COORDINATION 21 20. COMPLAINTS AND COMPLAINT RESOLUTION 21 20.1 Office 21 20.2 Complaints 21 20.3 Disputes About Collection of Certain Items 22 21. DEFAULT AND DISPUTE OF THE AGREEMENT 22 22_ RIGHT TO REQUIRE PERFORMANCE 24 ARTICLE VIII GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS 23. PERMITS AND LICENSES 25 24. TITLE TO WASTE 25 25. FRANCHISE FEES 25 26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL 25 27. BONDS AND SURETIES 25 27.1 Bid Security 25 27.2 Performance Bond 26 27.3 Requirements as to Surety 26 28. INSURANCE REQUIREMENTS 26 28.1 Coverages 26 28.1.2 Worker's Compensation 26 28.1.3 Comprehensive General Liability 26 28.1.4 Automobile Liability Insurance 27 28.1.5 Umbrella Liability 27 28.2 Certificate of Insurance 27 29. COMPLIANCE WITH LAWS AND REGULATIONS 27 30. INDEMNIFICATION 27 31. BOOKS AND RECORDS 28 32. NOTICES 28 33. TERMINATION 28 34. WAIVER 28 35. GOVERNING LAW 28 36. SEVERABILITY 28 37. ENTIRE AGREEMENT 28 ARTICLE IX UNIT INFORMATION 38. CITY POPULATION UNITS SERVICED 29 38.1 Municipal Collection Service 29 38.2 Municipal Special Events 30 BID PRICES 31 SIGNATURE PAGE 33 SOLID WASTE, RECYCLING AND VEGETATIVE WASTE COLLECTION AGREEMENT THIS AGREEMENT( "Agreement ") is made as of this of January, 2000, by and between the City of Palm Beach Gardens, Florida, hereinafter referred to as "City ", and Waste Management, Inc., hereinafter referred to as "Contractor ", with its principal place of business at 651 Industrial Way, Boynton Beach, FL 33426. WHEREAS, Contractor submitted a response to an Invitation to Bid, which was accepted by the City on January 6, 2000. NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective covenants herein contained, the parties agree as follows: ARTICLE I GENERAL INFORMATION 1. LIAISON BETWEEN CITY AND CONTRACTOR All dealings, contracts, notice and payments between the Contractor and the City shall be directed by the Contractor to the City Manager or his/her designee. 2. COMMENCEMENT OF WORK The work outlined in these specifications shall commence on April 1, 2000. 3. TERM 3.1 The term of the Contract shall be for a period beginning April 1, 2000 and terminating March 31, 2005. 3.2 The Contract may be renewed by mutual agreement for an additional five (5) year period. The Contractor must notify the City of its desire to extend the contract on or before May 1, 2004, but not sooner than March 1, 2004. The City will respond to the request for extension no later than July 1, 2004. 4. DEFINITION OF TERMS 4.1 Authorized Representative shall mean the employee or employees designated in writing by the City Manager to represent the City in the administration and supervision of the Contract. 4.2 Bidder shall mean any person, firm, corporation, organization or agency submitting a Bid IFO I17 2 for the work outlined or his duly authorized representative. 4.3 Biohazardous or Biomedical Waste shall mean those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms, included, but not limited to, waste resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. 4.4 Bulk Trash shall mean any non - vegetative item which cannot be containerized bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar domestic appliances, household goods and furniture and shall not be commingled with Vegetative Waste. There shall be no weight limit for any item of Bulk Trash. 4.5 City shall mean the City of Palm Beach Gardens, Florida. 4.6 Collection shall mean the process whereby Solid Waste, Vegetative Waste or Recyclable Material is removed and transported to a Designated Facility. 4.7 Commercial Service shall herein refer to the service provided to business establishments, churches, schools, apartments (for profit buildings containing over four (4) living units are classified as commercial accounts), rental communities, office buildings and other establishments. Service shall include container rental, the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container locations, supplying locks and locking mechanisms for containers, and other services required for the proper maintenance of containers. 4.8 Commercial Solid Waste shall mean any Solid Waste generated by the operation of stores, offices, and other commercial businesses. Commercial Solid Waste shall not include Special Waste. 4.9 Construction and Demolition Debris shall mean materials defined as such from time to time by the Department and Chapter 17 -7, F.A.C. 4.10 Contract or Agreement shall mean the Contract executed by the City and the Contractor for the performance of the work. 4.11 Contractor or Vendor shall mean the person, firm, corporation, organization or agency with whom the City has entered into an agreement to provide the services described herein. 4.12 Containerized Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Contractor from Residential Service Dwelling units that 2 �''�'! 7. requires the use of Containers for the collection of Recyclable Materials and the delivery of those Recyclable Materials to a Designated Facility. 4.13 Containerized Residential Solid Waste Collection Service shall mean the collection of Solid Waste by the Contractor from Residential Service Dwelling units that utilize Containers for the collection of Solid Waste and the delivery of the Solid Waste to a Designated Facility. 4.14 Curbside Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Contractor from Residential Service Dwelling units whose Recyclable Materials are collected at the curbside or roadway and the delivery of those Recyclable Materials to a Designated Facility. 4.15 Curbside Residential Solid Waste Collection Service shall mean the collection of Solid Waste by the Contractor from Residential Service Dwelling units whose Solid Waste is collected at the curbside or roadway and the delivery of that Solid Waste to a Designated Facility. 4.16 Curbside Residential Vegetative Waste Collection Service shall mean the collection of Vegetative Waste by the Contractor from Residential Service Dwelling units whose Vegetative Waste is collected at the curbside or roadway and the delivery of that Vegetative Waste to a Designated Facility. 4.17 Department shall mean the Florida Department of Environmental Protection. 4.18 Designated Facility shall mean a disposal processing, recovery, recycling or transfer facility designated by the City Manager or his /her designee. 4.19 Disposal Costs shall mean the "tipping fees" or landfill costs charged to the Contractor by others for disposal at a Designated Facility of the waste collected by the Contractor. 4.20 Equipment Yard shall mean a real property location that shall be utilized by the Contractor for the storage and keeping of all equipment needed by the Contractor to provide all services under this Agreement. 4.21 Garbage shall mean all putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in the same collection. Garbage shall not include any material that falls within the definition of Special Waste. 4.22 Garbage Receptacle shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non - absorbent material, closed at one end and open at the other, 3 pnmv7 furnished with a closely fitted top or lid and handle(s). A Garbage Receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a Garbage Receptacle. Any Garbage Receptacle including waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight. 4.23 Hazardous Waste shall mean solid waste as defined by the State of Florida Department of Environmental Regulation as a hazardous waste in the State of Florida Administrative Code, or by any future legislative action or by federal, state or local law. 4.24 Industrial Wastes shall mean any and all debris and waste products generated by manufacturing, food processing (except in restaurants and homes), land clearing, and commercial shrubbery or tree cuttings, building construction or alteration (except do -it- yourself projects) and public works type construction projects whether performed by a government unit or by contract. Industrial wastes are not included in the scope of this contract. 4.25 Loose Refuse shall mean any refuse, either Garbage or household Trash stored in and collected from any type of container other than a Mechanical Container or Garbage Receptacle as described in Section 4.22. Refuse which is collected from the ground is considered loose refuse. 4.26 Mechanical Container shall mean and include any detachable metal container designed or intended to be mechanically dumped into a loader /packer type of garbage truck used by the Contractor. 4.27 Mixed Paper shall mean a mixture of paper products including magazines, catalogues, phone books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes, letter paper, junk mail, notebook paper and any other clean paper products. 4.28 Multiple - Family Dwelling Units shall mean any building containing two (2) or more permanent living units, not including motels and hotels. 4.29 Performance Bond shall mean the form of security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract. 4.30 Recyclable Materials shall mean newspapers (including inserts), aluminum, aluminum foil, plastic containers, glass bottles and jars, aeseptic containers, corrugated cardboard, brown paper bags, Mixed Paper, tin and ferrous cans, household dry -cell batteries (no wet -cell batteries), and other solid waste materials added upon Agreement between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 4.31 Recycling shall mean any process by which solid waste, or materials which otherwise 0 rwma7 .5 become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. 4.32 Residential Solid Waste shall mean Garbage, Trash and Bulk Trash resulting from the normal housekeeping activities of a dwelling unit receiving Residential Service. Residential Solid Waste shall also mean Construction and Demolition Debris (C &D) resulting from minor home repair from the dwelling unit. 4.33 Residential Service shall herein refer to the Solid Waste, Recycling and Vegetative Waste collection service provided to persons occupying residential dwelling units within the City who are not receiving commercial service. 4.34 Rolloff Collection Service shall mean the collection of Construction and Demolition Debris only by rolloff containers; or the collection of Construction and Demolition Debris by other mechanical means, within temporary locations in the City, limited to new construction sites; or the collection of commercial waste in rolloff containers. Rolloff Collection Service shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use rolloff containers for horticultural or agricultural waste, and horticultural and agricultural waste shall not include any other type of waste, including, but not limited to, Special Wastes, Garbage or Recyclable Materials. 4.35 Solid Waste shall mean any Trash, Bulk Trash and Garbage and other discarded matter, excluding Recyclable Materials. 4.36 Solid Waste, Recycling and Vegetative Regulations shall herein refer to regulations prescribed by the City together with such administrative rules, regulations and procedures as any be established for the purpose of carrying out or making effective the provisions of this contract. 4.37 Sludge shall mean a solid or semi - solid, or liquid generated from any waste water treatment plant, water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and related operations, or any other such similar waste having similar characteristics or effects. 4.38 Special Waste shall mean solid wastes that require special handling and management, which are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates than is charged for Solid Waste, including, but not limited to, asbestos, automobiles, boats, internal combustion engines, non- automobile tires, Sludge, used oil, lead -acid batteries, liquid waste, Hazardous Waste and Biohazardous or Biomedical wastes. 4.39 Trash shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweeping, broken toys, tools, utensils, and all other accumulations of a similar nature other than Garbage, which are usual to housekeeping and to the operation 5 of stores, offices and other commercial businesses, but shall not include Vegetative Waste. 4.40 Vegetative Waste shall mean any vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. Residents shall be strongly encouraged to bag or containerize all grass clippings, leaves, pine needles, and similar small loose items. Large Vegetative Waste items must be not more than twelve (12) feet in length, and shall be placed neatly at the curb. Vegetative Waste does not include any form or matter or debris resulting from tree removal, land clearing, land development, or waste generated by tree surgeons, landscapers or lawn maintenance services. 5. DESCRIPTION OF THE WORK 5.1 Contractor Responsibility. The Contractor shall provide Solid Waste collection services within the City Limits of Palm Beach Gardens. The Contractor shall have the exclusive right to provide Solid Waste collection service, excluding Rolloff Collection Services, in the City in accordance with the Specifications herein. Information regarding residential and commercial volume may be found in Article IX. The Contractor shall provide, at his own expense, all labor, insurance, supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. 5.2 Protection of Adjacent Property and Utilities. The Contractor shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through its operations. The Contractor shall take cognizance of all existing utilities and it shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional cost to the owner any breakage or damage caused by its operation. 5.3 Spillage. The Contractor shall not litter or cause any spillage to occur upon the premises or the rights -of -way wherein the collection shall occur. During hauling, all refuse shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the Contractor, the Contractor shall promptly clean up all spillage. 5.4 Designated Facility. All Solid Waste shall be hauled to a landfill or to another permitted site or facility as directed in writing by the City Manager or his /her designee and disposed of at those facilities. 6 poon77, ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR - SOLID WASTE COLLECTION 6. RESIDENTIAL COLLECTION SERVICE 6.1 Scope. The Contractor shall collect and dispose of all Solid Waste, except Special Waste, Hazardous Waste, Biohazardous or Biomedical Waste, and Sludge, from all single family homes, multiple- family dwelling units and mobile homes. Mobile home parks will be serviced as residential units but billed directly by the Contractor. 6. 1.1 Frequency of Collection. The Contractor shall collect Solid Waste from places of residence within the City at least two (2) times per week, with collections at least three (3) days apart. 6.1.2 Hours of Collection. Collection shall begin no earlier than seven o'clock (7:00) a.m., and shall cease no later than six o'clock (6:00) p.m. The hours of collection may be extended provided the Contractor has received prior approval from the City Manager or his /her designee, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. No collection shall occur on Sundays or holidays (referenced in 9.4) except in time of emergency. 6.1.3 Point of Pickup of Residential Solid Waste. Collections of residential Solid Waste shall be at curbside or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the City Manager or his /her designee shall designate the location. The Contractor shall collect at curbside all Bulk Trash within three (3) days of placement. Nothing in this section shall require the Contractor to remove waste resulting from construction activity or the clearance of vacant lots, except as further required in Section 6.1.7 of these Specifications. 6.1.4 Curbside Collection. The Contractor shall be required to pick up all Solid Waste generated from residential units which have been properly prepared and stored for collection as follows: All Garbage shall be placed in a Garbage Receptacle at curbside or at such other single collection point as may be agreed upon by the Contractor and the customer. 7 purr*=7 8 Usual household Trash shall either be placed in containers where it shall be collected in the same manner as garbage or piled at curbside. Non - containerized trash shall be collected providing that is does not exceed eight (8) feet in length for any piece or segment of such materials. 6.1.5 Containerized Collection. Multiple- Family Dwelling Units receiving Containerized Residential Solid Waste Collection Service shall containerize all Garbage and Trash. Bulk Trash shall be collected at a designated site agreed to by the Contractor and the customer and approved by the City. Containerized Services shall include the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container location, supplying locks and locking mechanisms, and other services required for proper maintenance of containers. 6.1.6 Method of Collection of Residential Solid Waste. The Contractor shall make collections with a minimum of noise and disturbances to the customer. Front - end loader vehicles shall not be utilized for Curbside Residential Solid Waste Collection Service. Any Solid Waste spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal and plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be returned upright to such rack, cart or enclosure and lids shall be placed securely and properly on the top of said receptacles. In the event of damage by the Contractor for Garbage Receptacles, the Contractor shall be responsible for the timely repair or replacement of said receptacles with seven (7) days at no cost to the customer. The replacement must be similar in style, material, quality and capacity. Throwing of any garbage can, container, or recycle container is prohibited. 6.1.7 Vacant Lots. The Contractor shall also collect household trash, and garden and yard trash from the swale or right -of -way of vacant lots in residentially developed neighborhoods at no additional charge. The Contractor will pick up at curbside any debris resulting from minor remodeling or home improvement done by the resident. If there is a question concerning the Contractor's obligation to collect waste of this type the City Manager or his /her designee shall make such reasonable determination after investigating same. It will not be the responsibility of the Contractor to remove waste resulting from clearing property for building purposes. 8 7. COMMERCIAL COLLECTION SERVICE 7.1 Scope. The Contractor shall collect and dispose of all Solid Waste, except Special Waste, Hazardous Waste, Biohazardous Waste, Biological Waste and Sludge, from or generated by any commercial or industrial use, and any use not contained within residential services. 7.1.1 Frequency of Collection. Commercial uses may be collected at any time and will be made frequently enough to prevent containers from becoming overloaded. Commercial customers located adjacent to residential uses shall only be collected during residential collection hours as stated in Section 6.1.2. In the event a customer's container is consistently overloaded, the City will require the customer to use a larger container. In the event of an emergency, collection may be permitted at times not allowed by this paragraph, provided the Contractor has received prior approval from the City Manager or his /her designee, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. 7.1.2 Point of Pickup of Commercial Solid Waste. Commercial Solid Waste customers shall accumulate Solid Waste at locations that are mutually agreed upon by the customer and the Contractor and approved by the City which are convenient for collection by the Contractor. Where mutual agreement is not reached, the City Manager or his /her designee shall designate the location. 7.1.3 Commercial Receptacles. Commercial establislunents shall use Mechanical Containers as defined in Section 4.21. Containers must be properly maintained and kept clean and sanitary. 7.1.4 Method of Collection of Commercial Solid Waste. The Contractor shall make collections with as little disturbance as possible. Any Solid Waste spilled by the Contractor shall be picked up immediately by the Contractor. 7.2 Exclusions. Rolloff Collection Services will not be included in the Agreement. The Contractor may enter into separate agreements for the collection of construction and demolition debris and other Rolloff Collection Services. Nothing in these Specifications shall be construed to give the Contractor the exclusive right to provide such Rolloff Collection Services. 8. MUNICIPAL COLLECTION SERVICE 8.1 Scope. The Contractor shall provide residential or commercial collection service, as 0 PqX"1W8 appropriate, to all property owned, leased, rented or controlled by the City of Palm Beach Gardens including, but not limited to, those designated by the City Manager or his /her designee if acquired during the contract term. These services shall be provided at no charge to the City. 8.1.1 Collection and Containers. The Contractor shall empty all Solid Waste, Recycling and Vegetative Waste containers in any and all of the above mentioned properties at a frequency to be determined by the City Manager or his /her designee. The City shall have the right to use mechanical containers, commercial type trash cans with covers or any other container within the size limits prescribed by definition. The Contractor shall provide all mechanical containers for the use of the City, which said containers shall be kept in operable condition by the Contractor throughout the life of the Contract. 8.2 Special Events. The Contractor shall provide at no charge to the City for all services, containers and equipment required for waste disposal and portable sanitation service at all special City functions or sponsored events deemed appropriate by the City Manager or his /her designee. 9. SCHEDULES AND ROUTES 9.1 Schedules. The Contractor shall provide the City Manager or his /her designee with schedules for all collection routes and keep such information current at all times. If any change in the collection routes occurs, the City Manager or his /her designee shall be notified in writing three weeks prior to said change. The City Manager or his /her designee shall approve all permanent changes in routes or schedules that alter the day of pickup. Upon approval of the City Manager or his /her designee, the Contractor shall immediately notify the affected customer(s) in writing or other method approved by the City Manager or his /her designee not less than two weeks prior to the change, at no cost to the City. Notification of day changes for Curbside Residential customers shall be by door hangar; notification to Container Residential and Commercial customers shall be by flyer, unless otherwise approved by the City Manager or his /her designee. All costs associated with the preparation and distribution of all notifications shall be borne by the Contractor. These notification requirements also apply to any day changes which may become effective April 1, 2000. Curbside Residential customers shall receive two notices - one two weeks prior to the change and a second notice one week prior to the change. 9.2 Access. The City reserves the right to deny Contractor's vehicles access to certain streets, alleys and public ways inside the City en route to the disposal site where it is in the interest of the general public to do so because of the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The City shall notify the Contractor of street closures of longer duration and arrangements for service will be 10 IN P, sae made in a manner satisfactory to Contractor and City. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. NOTE: The Contractor's attention is directed to the fact that at times during the year, the quantity of Solid Waste to be disposed of is materially increased by the influx of visitors. This additional load will not be justification for the Contractor to fail to maintain the required collection schedules and routes. 9.3 Natural Disasters. In the event of a hurricane, tornado, major storm or other natural disaster, the City Manager or his /her designee may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the Contractor shall advise the City Manager or his /her designee and the customer of the estimated time required before regular schedules and routes can be resumed. In the case of a storm where it is necessary for the Contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and Solid Waste resulting from the storm, the Contractor shall be required to work with the City in all possible ways for the efficient and rapid cleanup of the City. In such event, the Contractor shall receive extra compensation above the Contract price for additional employees, overtime, and cost of rental equipment, provided Contractor has first secured prior written authorization from the City Manager or his /her designee. The total cost for such service shall be based on rates jointly agreed to by the City Manager or his /her designee and the Contractor. Upon notice from the City, the Contractor shall secure or remove all receptacles, mechanical or portable, on City property. In addition, the City may require the Contractor to provide city -wide emergency vegetative collection prior to a storm. 9.4 Holidays. The Contractor will not provide service on the following holidays: Thanksgiving and Christmas. If the regular collection day falls on any of the aforementioned holidays, the Contractor shall collect the Solid Waste on the next regularly scheduled collection day. 10. COLLECTION EQUIPMENT The Contractor shall have on hand at all times, in good working order and sanitary condition, such equipment as shall permit the Contractor to adequately and efficiently perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. Equipment shall be of the enclosed loader packer type, or other equipment which meets industry standards and is approved by the City. All equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. The Contractor shall have available reserve equipment which can be put into service within 11 PPINW062 two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. Equipment is to be painted uniformly with the name of the Contractor, business telephone number and the number of the vehicle in letters not less than five (S) inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except of events sponsored by the City. 11. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE AND SLUDGE The Contractor shall not be required to collect and dispose of Special Waste, Hazardous Waste, Biohazardous Waste, Biological Waste or Sludge, but may offer such service in the City. All such collection and disposal for the types of waste referenced in this section, when done by the Contractor, shall be in strict compliance with all federal, state and local laws and regulations. ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING 12. DESCRIPTION OF THE WORK 12.1 Scope. The Contractor shall collect all Recyclable Materials set out for the purpose of recycling from all single family homes, multi - family units of four (4) or less units under common ownership and individual mobile homes and mobile home parks within the City limits of the City of Palm Beach Gardens. The collection of Recyclables shall be conducted utilizing two containers. Additionally, the Contractor shall provide adequate mechanical containers for a recycling program for all condominiums and apartment complexes receiving containerized service. Multifamily containerized recycling services shall utilize ninety- six (96) gallon mechanical containers to collect Recyclable Materials. As it becomes appropriate or beneficial, other items may be added to the list of Recyclable Materials at the direction of the City Manager or his /her designee. 12.2 Frequency of Collection. The Contractor shall collect Recyclable Materials within the City at least one (1) time per week. The day of collection shall be on the same day as one of the collection days for solid waste. 12.3 Hours of Collection. Collection shall begin no earlier than seven o'clock (7:00) a.m. and shall cease no later than six o'clock (6:00) p.m.; provided, however, that in the event of emergency or unforeseen circumstances, collection may be permitted at a time 12 Q sumIR8 3 not allowed by this paragraph following approval by the City Manager or designee. 12.4 Point of Pickup of Recyclable Materials. Collection of Recyclable Materials shall be at curbside or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the City Manager or his /her designee shall designate the location. 12.5 Receptacles. The Contractor shall pick up all Recyclable Materials which have been properly prepared for collection and placed in recycling containers or paper bags and set at curbside. The Contractor shall supply and distribute to each new residence within the City two (2) container for Recyclable Materials to be collected. The Contractor shall also replace worn or broken containers for all residences upon reasonable request. The cost of these containers will be borne by the Contractor. The containers shall be A -1 Products Corporation, Model 9732, "BLUE BOX ", or approved equivalent. Receptacles may be imprinted with a logo and /or recycling theme as approved by the City. All recycling containers shall become the property of the City when distributed. The Contractor shall maintain an adequate supply of containers to provide for new residents and replacement containers. All recycling containers provided or replaced by the Contractor shall be identical in type, size and color for each type of recycling container. The Contractor shall assume the obligation to pay the cost of providing recycling containers to customers for the period October 1, 1999 through March 31, 2000, inclusive. Said cost to be calculated by and reported in an accounting to the City by Waste Management of Palm Beach. Such cost shall be paid to the City within thirty(30) days of receipt of invoice from the City. 12.6 Method of Collection of Recyclable Materials. Unless otherwise agreed in writing the Contractor shall separate at the point of pickup, at least the newspaper, aluminum cans, glass and plastics into different sections of the collection vehicle. The Contractor shall make collections with a minimum of noise and disturbance to the customer. Any Recyclable Materials spilled by the Contractor shall be picked up immediately. Recycling containers shall be thoroughly emptied and left inverted at the point of collection. 12.7 Schedules and Routes. Recyclable Materials collection for a dwelling unit shall be made on one of the two solid waste collection days for that dwelling unit. Therefore schedules and routes shall match the schedules and routes for solid waste collection, except that the City Manager or designee is authorized to modify, extend or suspend schedules in the event of natural disaster, health hazard or any other state of emergency requiring such action. The City reserves the right to deny Contractor's vehicles access to certain streets, alleys 13 and public ways inside the City en route to the disposal site where it is in the interest of the general public to do so because of the condition of streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The City shall notify the Contractor of street closures of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. 12.8 Monitoring Records. The Contractor shall be responsible for maintaining information and records adequate to determine participation rates and weekly set out rates by percent, volume of solid waste diverted from landfill by percent, weight by material of items recycled, neighborhoods above or below average participation and other information required by City, Palm Beach County or the State of Florida necessary to meet the requirements of the Solid Waste Management Act or to obtain grant funds from the Solid Waste Management Trust Fund. The Contractor shall furnish monthly reports to the City due by the 10th of the following month containing the requested information. 12.9 Marketing of Recyclable Materials. The Contractor and the City shall cooperate to develop markets for Recyclable Materials. To the extent possible, based on availability, capacity and market prices, the Contractor shall market the Recyclable Materials through local businesses operating in Palm Beach County. 12.10 Equipment. The Contractor shall have on hand at all times, in good working order and sanitary condition, such equipment as shall perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of recycling equipment and shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. Collection vehicles shall have separate compartments into which the different recyclable materials may be placed. Prior to purchasing equipment, it shall be the responsibility of the Contractor to determine the available space, turning radii, ceiling heights, etc. of the likely buyers or processors of the recycled materials. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. Equipment is to be painted uniformly for the recycling program. The Contractor may also add his name and business telephone number to each side of the vehicle. The rear of the vehicle shall contain signs warning the public of frequent stops. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. 14 VFpwm1m v 5. No advertising shall be permitted on vehicles except that approved by the City. 12.11 Holidays. The Contractor will not provide service on the following holidays: Thanksgiving and Christmas. If the regular collection day falls on any of the aforementioned holidays, Residential Recyclable Materials shall be collected on the next scheduled recycling collection service day. 13. PROMOTION: PUBLIC RELATIONS AND EDUCATION The City and the Contractor will share responsibility for the promotion of the recycling programs. The City and the Contractor will cooperate in the design of promotional events and educational programs and the preparation of promotional materials such as door hangers and /or flyers for public distribution; however, the City's contribution shall be subject to budget, review and approval by the City. The Contractor will distribute written information to the residential participants on a periodic basis. The Contractor further agrees to conduct presentations for schools, civic groups, homeowners associations and other appropriate citizens groups. It is the Contractor's responsibility to provide information about those customers who repeatedly do not prepare or set out their Recyclable Material or Solid Waste as specified within this Contract. ARTICLE IV SERVICES TO BE PERFORMED BY THE CONTRACTOR - VEGETATIVE WASTE COLLECTION 14. DESCRIPTION OF WORK 14.1 Scope. The Contractor shall provide vegetative waste collection service within the City limits of Palm Beach Gardens. The Contractor shall have the exclusive right to provide vegetative waste collection service within the City in accordance with the specifications herein. 14.2 Frequency of Collection. The Contractor shall collect Vegetative Waste from residences within the City at least one (1) time per week. The day of collection shall be on the same day as one of the collection days for solid waste. 14.3 Hours of Collection. Collection shall begin no earlier than seven o'clock (7:00) a.m. and shall cease not later than six o'clock (6:00) p.m.; provided that in the event of emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph following approval by the City Manager or designee. 14.4 Point of Pickup of Vegetative Waste. Collection of Vegetative Waste shall be at curbside or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed 15 upon, the City Manager or his /her designee shall designate the location. 14.5 Preparation of Vegetative Waste for Collection. The Contractor shall pick up all Vegetative Waste generated from residential units as follows: Vegetative Waste shall be placed adjacent to the pavement or traveled way of the street. Residents will be strongly encouraged to bundle or containerize small or loose Vegetative Waste. In the event of a dispute between Contractor and a customer as to what constitutes Vegetative Waste, the situation will be reviewed and decided by the City Manager or his /her designee, whose decision shall be final. 14.6 Method of Collection of Vegetative Waste. The Contractor shall make collections with a minimum of noise and disturbance to the customer. Any Vegetative Waste spilled by the Contractor shall be picked up immediately by the Contractor. Receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal and plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be returned upright, to such rack, cart of enclosure and lids shall be placed securely and properly on the top of said receptacles. 14.7 Routes. The City reserves the right to deny Contractor's vehicles access to certain streets, alleys and public ways inside the City en route to the disposal site where it is in the interest of the general public to do so because the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The City shall notify the Contractor of street closures of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. 14.8 Equipment. The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to adequately and efficiently perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of collection and disposal equipment. Collection vehicles shall be of the enclosed loader parker type or other vehicle designed to allow for efficient collection of Vegetative Waste. The equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the 16 equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. 14.9 Holidays. The Contractor will not provide service on the following holidays: Thanksgiving and Christmas. If the regular collection day falls on any of the aforementioned holidays, Vegetative Waste shall be collected on the next scheduled vegetative waste collection service day. ARTICLE V QUALITY OF SERVICE 15. CONTRACTOR'S PERSONNEL 15.1 Contractor's Officer(s). The Contractor shall assign a qualified person or persons to be in charge of the operations within the City. The Contractor shall give the names of these persons to the City. Information regarding the person's experience and qualifications shall be furnished. Supervisory personnel must be present on the routes to direct operations in a satisfactory manner. Said supervisor(s) must be available for consideration with the City Manager or his /her designee and /or customers within a reasonable, practicable time after notification of a request for such consultation. The supervisor(s) shall operate a vehicle which is radio equipped. In addition, the Contractor shall provide emergency contact numbers for all key personnel. 15.2 Dangerous Animals and Solid Waste Collection. Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs in order to accomplish Solid Waste collection. In any case where the owner or tenants have such animals at large, the Contractor shall immediately notify the City Manager or his /her designee of such condition and of his inability to make collection because of such conditions. 15.3 Conduct of Employees. The Contractor shall ensure that his /her employees serve the public in a courteous, helpful and impartial manner. Contractor's collection employees will be required to follow the regular walk for pedestrians while on private property. No trespassing by employees will be permitted, nor crossing property of neighboring premises unless residents or owners of both such properties shall have given permission. Care shall be taken to prevent damage to property, including cans, carts, racks, trees, shrubs, flowers and other plants. 15.4 Employee Uniform Regulations. The Contractor's Solid Waste, Recycling and Vegetative Waste Collection employees shall wear a uniform or shirt bearing the company's name during operations. 15.5 Compliance with State, Federal and Municipal Law. The Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other 17 Pop MW8 8 applicable laws relating to the employment or protection of employees, now or hereafter in effect. 15.6 Fair Labor Standards Act. The Contractor is required and hereby agrees by execution of the Contract to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standard Act as amended and changed from time to time. 15.7 Driver's License. Each vehicle operator shall at all times carry a valid Florida Commercial Driver's License for the type of vehicle that is being driven. 15.8 Training. The Contractor shall provide operating and safety training for all personnel. 15.9 Non - discrimination. No person shall be denied employment by the Contractor for reasons of race, sex, national origin, creed, age, physical handicap, or religion. 15.10 Drug -Free Workplace. Preference shall be given to Contractors which have instituted a Drug -Free Workplace. 16. CONTRACTOR'S OFFICE 16.1 Office and Equipment Yard. The Contractor shall establish an office within Palm Beach County where complaints can be received. The office shall be equipped with sufficient telephones with at least one local phone number, and shall be open during normal business hours, 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday. The Contractor shall provide an answering machine during non - office hours for customer inquiries to be responded to the following business day. The Contractor shall maintain and adequately staff this office where complaints shall be received, recorded and handled during normal working hours of each week and shall provide for prompt handling of emergency complaints and all other calls. An Equipment Yard must be established within Palm Beach County no later than March 1, 2000. Failure to establish an Equipment Yard may result in the revocation of award and loss of franchise. 16.2 Notification to Customers. The Contractor shall notify all customers in writing about complaint procedures, rates, regulations, and the days of collection. ARTICLE VI CHARGES, RATES, AND LEVEL OF SERVICE 17. PAYMENT AND BILLING 17.1 Compensation. The City shall pay the Contractor compensation for the performance of 18 ,sponge8 the Contract, the sums due based on the unit prices as listed in the Bid Form, subject to any conditions or deductions as provided under the Contract. Contractor's Unit Price Schedule for all collections hereunder shall include transportation costs. Contractor shall submit an invoice by the 10th of each month for services rendered during the preceding month, and payments will be made to the Contractor within 45 days upon receipt and verification of the invoice submitted. 17.2 Billing Procedures. Billing arrangements for the various service types are summarized as follows: Service Type Solid Waste Collection - Residential, excluding Mobile Homes - Commercial and Mobile Homes Vegetative Waste Collection - Residential, excluding Mobile Homes Mobile Home Parks Recyclable Materials Collection - Residential, excluding Mobile Homes - Commercial and Mobile Homes Customer Billed By City Contractor City Contractor City Contractor On the first day of each month the Contract payment(s) for all services hereunder shall be adjusted to correspond with the occupancy of existing or new buildings, and the demolition of old buildings. The adjustment made on the first day of each month shall be for buildings either occupied or demolished during the second month preceding the adjustments; for example, any change which is made on June 1 of any year will be for buildings occupied or demolished in April of the subject year. Any existing unit shall be considered unoccupied whenever Seacoast Utility Authority has temporarily terminated water service, at the customer's request only. Any new unit shall be considered to be occupied when a certificate of occupancy has been issued and water service has been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued by the Building Department. The Contractor adjustments will be based on unit costs included in the Contractor's original December 7, 1999 Bid. 17.3 Disposal Costs. Residential and commercial solid waste disposal costs are not included with residential and commercial collection service costs. Residential disposal costs will be billed by the Solid Waste Authority of Palm Beach County by non -ad valorem assessment. The Contractor will be given a disposal credit for each residential unit as calculated by the Solid Waste Authority. Part of the commercial disposal costs will be billed by the Solid Waste Authority by non -ad valorem assessment. The non - assessment portion of the commercial disposal costs will be billed to the commercial customers by the Contractor. The Contractor shall pay the Authority for all solid waste disposal costs incurred and not paid through non -ad valorem assessment. The Contractor shall not bill customers for disposal costs in excess of the charges paid to the Authority. The Contractor shall assume 134 pounds of refuse are contained per cubic yard. 17.4 Unusual Changes or Costs. The Contractor may petition the City at any time during the term of this Agreement for an additional rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator. The Contractor's request must be made within ninety (90) days of the occurrence of such unusual change or cost, and shall contain substantial proof and justification, as determined by the City Manager, to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information as may be reasonably necessary in making its determination. The City shall approve or deny the request, in whole or in part, within sixty (60) days of receipt of the request and all other additional information required by the City. 17.5 Level and T_vpe of Service for Collection of Other Wastes. Where the Contractor agrees to collect Special Waste, Hazardous Waste, Biohazardous or Biomedical Waste or Sludge, a written agreement between the Contractor and the customer shall be entered into regarding the level and type of service to be provided, at a rate to be negotiated between the parties involved. However, upon failure of the parties to reach such an agreement for commercial services only, either party may apply to the City Manager or his /her designee, who shall establish the level and type of services to be provided, including the area of the container and number of pickups per week. All such collection and disposal for those types of waste in this section, when done by the Contractor, shall be in strict compliance with all Federal, State, and Local laws and regulations. ARTICLE VII CONTRACT PERFORMANCE /PENALTIES /DEFAULT 18. CONTRACT PERFORMANCE The Contractor's performance of the Contract shall be supervised by the City Manager or his /her designee. If at any time during the life of the Agreement, performance reasonably satisfactory to the City Manager or his /her designee shall not be made, the Contractor, upon notification by the City Manager or his /her designee shall increase the force, tools and equipment as needed to properly perform the Contract. The failure of the City Manager or his /her designee to give such notification shall not relieve the Contractor of his obligation to perform the work at the time and in the manner specified by the Agreement. 20 !ain V,gW9 1. The Contractor shall furnish the City Manager or his /her authorized representative with every reasonable opportunity for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract. The City Manager or his /her designee may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time, and the Contractor shall admit authorized representatives of the City to make such inspections at any reasonable time and place. The failure of the City at any time to require performance by the Contractor of any provision thereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of provisions hereof taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 19. COOPERATION /COORDINATION The City and its authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work, equipment and facilities of Contractor. The Contractor shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this Contract. He shall have at all times a competent and reliable English speaking representative on duty authorized to receive orders and to act for him in the case of his absence. Contractor shall provide the City a radio to allow direct communication with the route supervisor and administrative offices. 20. COMPLAINTS AND COMPLAINT RESOLUTION 20.1 Office. The Contractor shall establish an office within Palm Beach County where complaints can be received. The office shall be equipped with sufficient telephones with at least one local phone number, and shall be open during normal business hours, 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday. The Contractor shall provide an answering machine during non - office hours for customer inquiries to be responded to the following business day. The Contractor shall maintain and adequately staff this office where complaints shall be received, recorded and handled during normal working hours of each week and shall provide for prompt handling of emergency complaints and all other calls. 20.2 Complaints. The Contractor shall prepare and maintain, in accordance with a format and method approved by the City, a register on all complaints, and shall indicate thereon the disposition of each complaint. Such record shall be available for City inspection at all times during business hours. The form shall indicate the day and hour on which the complaint was received and the day and hour on which it was resolved. 21 on wrwfog When a complaint is received after 12:00 o'clock noon on the day preceding a holiday, or on a Saturday, it shall be serviced no later than the next working day. A monthly listing of all the complaints filed of both residential and commercial and their disposition shall be mailed monthly to the City Manager or his /her designee. Legitimacy of challenged complaints shall be determined on the basis of a joint inspection by the City Manager or his /her designee and representative of the Contractor. Disputes shall be referred to the City Manager or his /her designee and his /her decision shall be final. 20.3 Disputes About Collection of Certain Items. It is recognized that disputes may arise between the City and Contractor with regard to the collection of certain items due to disputes over the specific language of the Contract. The City Manager or his /her designee may from time to time notify the Contractor by telephone to remove all such Solid Waste or Vegetative Waste. Should the Contractor fail to remove the Solid Waste or Vegetative Waste within twenty -four (24) hours from time of notification, the City will do so and all costs incurred by the City shall be deducted from compensation due the Contractor. Notice of the amount deducted shall be given to the Contractor. If it is determined that disputed Solid Waste or Vegetative Waste did not conform to contract specification, the Contractor shall be entitled to additional compensation for removal. 21. DEFAULT AND DISPUTE OF THE AGREEMENT It shall be the duty of the City Manager or his /her designee to observe closely the Contractor's services pursuant to the Contract. Any of the following events shall be deemed to be a material breach of contract: a) The Contractor takes the benefits of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy laws or under any other law or statute of the United States, or any state thereof, or consent to the appointment or a receiver, trustee, or liquidator of all or substantially all of its property; or, b) By order or decree of a court, the Contractor shall be adjudged bankrupt, or an order shall be made approving a petition filed by any of its creditors or by any of the Stockholders of the Contractor seeking its reorganization or the readjustment of its indebtedness under Federal Bankruptcy laws or under any law or statute of the United States or of any state thereof; provided that, if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect; or, c) By or pursuant to or under authority of any legislative act, resolution, or rule, or any order or decree of any court of governmental board, agency, or officer having 22 a. jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of the Contractor, and such possession of control shall continue in effect for a period of sixty (60) days; or, d) The Contractor shall voluntarily abandon, desert, or discontinue its operations hereunder; or, e) Any lien is filed against any premises in the City because of any act or omission of the Contractor and is not removed or the City and landowner adequately secured, by bond or otherwise, within ninety (90) days after the Contractor has received written notice thereof; or, f) The Contractor has abandoned, failed, or refused to perform or observe each and every promise in the Contract, or has failed or refused to comply with the instructions of the City Manager or his /her designee relative thereto; and such default is not cured within seven (7) days after receipt of written notice from the City. If the Contractor fails to so cure the breach, the City Manager shall conduct a hearing with due notice to the Contractor and the surety of the date and place of the hearing at which the Contractor shall be required to show cause why the Contractor has not breached the terms of the Contract. Should the Contractor fail to appear at the hearing or fail to show cause why it has not breached the terms of the Contract to the satisfaction of the City, the City shall declare a breach on the Contract and notify the Contractor and the surety on the performance bond of such a declaration of breach, or authorize the City Manager to take such other action. If the Contractor or his surety fails to cure such breach within two (2) days thereafter, then the City may thereupon declare the Contract canceled. Also, upon such a declaration of breach, all payments due the Contractor shall be retained by the City and applied to the completion of the Contract and to damages suffered and expenses incurred by the City by reason of such breach, unless the surety on the performance bond shall assume the Contract, in which event all payments remaining due to the Contractor at the time of breach, less amount due the City from the Contractor and less all sums due the City for damages suffered and expenses incurred by reason of such default, shall be due and payable to such surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid to the Contractor had said Contractor continued to perform the agreement. If such surety fails to exercise such option to cure, the City may complete the Contract or any part thereof, either by day labor or by reletting the Contract, and the City shall have the right to take possession of and use any or all of the vehicles, materials, equipment, facilities, and property of every kind provided by the Contractor for the performance of the Contract and to procure other vehicles of the same and to charge the cost of the same to the Contractor, together with the costs incident thereto. During such period, the liability of the City to the Contractor for loss or damage to such equipment so used shall be that of a bailee for 23 ,,.vg hire, ordinary wear and tear being specifically exempt from such liability. In the event the City completes the Contract at a lesser cost than would have been payable to the Contractor under the Contract if the same had been fulfilled by said Contractor, then the City shall retain such difference. Should such cost to the City be greater, the Contractor shall be liable for and pay the amount of such excess cost to the City. Any transfer or assignment of the responsibilities of the Contractor by the surety must be approved by the City. The Contractor shall be excused from performance in cases of war, insurrection, riot, acts of God, or other causes beyond the Contractor's control. For the purpose of this section, a strike shall be considered within the control of the Contractor. Except as otherwise provided in the Contract, any dispute concerning a question of fact or of interpretation of a requirement of the Contract which is not disposed of by mutual consent between the parties shall be decided by the City Manager, who shall reduce the decision to writing and furnish a copy thereof to the parties. In connection with any dispute proceeding under this clause the party shall be afforded an opportunity to be heard and to offer evidence in support of its version of the facts and interpretation of the Contract. The City Manager shall make such explanation as may be necessary to complete, explain or make definite the provisions of the Contract and the findings and conclusions shall be final and binding on both parties. Pending the final decision of a dispute, the Contractor shall proceed diligently with the performance of the Contract in accordance with the preliminary directions of the City Manager. The Contractor expressly recognized the paramount right and duty of the City to provide adequate waste collection as a necessary government function, and further agrees, in consideration for the execution of the contract, that in the event the City shall invoke the provisions of this section, Contractor will either negotiate with the City for an adjustment of the matter or matters in dispute, or present the matter to a court of competent jurisdiction with venue in Palm Beach County in an appropriate suit therefore instituted by the Contractor or by the City. 22. RIGHT TO REQUIRE PERFORMANCE The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same, nor shall waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provisions, or as a waiver of any provision itself. 24 n ARTICLE VIII GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS 23. PERMITS AND LICENSES The Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinances and maintain the same in full force and effect. 24. TITLE TO WASTE The City reserves the right at all times to hold title and ownership to all Solid Waste, Vegetative Waste or Recyclable Materials collected by the Contractor. 25. FRANCHISE FEES The Contractor shall pay to the City a fee of three percent (3 %) of all gross revenues charged, collected or received arising out of any services or operations conducted in the City. Solid waste disposal costs paid by the Contractor shall be deducted from the gross revenue total prior to applying the 3 % for calculation of the franchise fee due to the City. Franchise fees shall be payable within forty -five (45) days of the last day of each calendar quarter. A late charge of 1.5 % of the monies due for the Franchise fee shall be calculated monthly until payment is received. 26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL Subcontractors will be permitted only for the provision of portable sanitation services for Special Events as noted under the Appendix. Otherwise, subcontractors will not be permitted under the terms of the Agreement. Contractor shall make no assignment of its rights or obligations under the Contract without first obtaining the written consent of the City, which may be granted or withheld in its sole discretion. In the event Contractor is a corporation, partnership or other legal entity, there shall be no change in the direct or indirect legal or factual control of such entity without first obtaining the written consent of the City. A change of legal control includes, but is not limited to, a transfer of the ownership of over 20% of the Contractor or any person or entity owning a 20% or greater interest, direct or indirect, in the Contractor. 27. BONDS AND SURETIES 27.1 Bid Security. Each Bid must be accompanied by a cashier's check, certified check or bid bond payable to City of Palm Beach Gardens in the amount of $20,000. Bid security will be forfeited if the successful Bidder fails to execute a contract with the City substantially in the form of these General and Technical Specifications within fifteen (15) days after notification of award of the Contract or fails to supply a performance bond as specified in the bid. The City shall return the Bid securities of all 25 Bidders upon the final award and execution of the Contract between the successful Bidder and the City, and after proof of insurance and /or a Performance Bond as specified herein has been received by the City. 27.2 Performance Bond. The Contractor shall furnish a performance bond in the form attached to these Specifications as security for the performance of the Contract with the City of Palm Beach Gardens. Said performance bond will be one -third of the annual value of the executed Contract as calculated at award and adjusted yearly on the anniversary date of the Contract, to remain in force for the duration of the Contract. The premium for the performance bond described above shall be paid by the Contractor. The performance bond shall be written in a surety company licensed to do business in the State of Florida with an A.M. Best Financial Rating of A Class VI or higher for the most current calendar year available. 27.3 Requirements as to Surety. The Surety or Sureties shall be a company or companies satisfactory to the City. Any Surety shall be required to have a resident agent in the State of Florida and shall be duly licensed to conduct business therein. The requirement of Florida resident agent may be waived by the City if evidence satisfactory to the City is provided that applicable requirements have been met to permit service of process on a State official under State law. 28. INSURANCE REQUIREMENTS 28.1 Coverages. During the life of the Contract, the Contractor shall procure, maintain and provide the City with certificates of insurance as evidence of the insurance required under this Section 28 throughout the term of this Agreement and any extensions thereof. The City shall be an additional insured on this insurance with respect to all claims arising out of the operations or work to be performed. Cancellation or modification of said insurance shall not be effected without thirty (30) days prior written notice to City. Except as otherwise stated, the amounts and types of insurance provided by the Contractor shall conform to the following minimum requirements: 28.1.2 Workers' Compensation. The Contractor shall provide and maintain during the life of the Contract Workers' Compensation Insurance coverage in accordance with statutory requirements. In addition, the policy must include Employer's Liability Insurance in an amount not less than $100,000 each accident, $100,000 by disease and $500,000 aggregate by disease. 28.1.3 Comprehensive General Liability. The Contractor shall provide and maintain during the life of the Contract Comprehensive General Liability Insurance. Coverage must include, but not be limited to, Premises /Operations, Products /Completed Operations, Contractual and Fire Legal Liability coverage. The Contractor shall maintain minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. 26 28.1.4 Automobile Liability Insurance. The Contractor shall provide and maintain during the life of the Contract, Comprehensive Automobile Liability Insurance. Coverage must include, but not be limited to, owned vehicles, and hired and non -owned vehicles. The Contractor shall maintain minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. 28.1.5 Umbrella Liability. In addition to the above limits, the Contractor shall provide at least a $5,000,000 umbrella or excess liability insurance policy. 28.2 Certificate of Insurance. Certificates of all insurance required from the Contractor shall be subject to the City's approval of adequacy and protection. Certificates from the insurance carrier stating the types of coverage provided, limits of liability, and expiration dates, shall be filed with the City before operations are commenced. The required certificates of insurance shall not only name the types of policies provided, but shall name the City as an additional insured as its interests may appear, and shall provide that the insurance shall not be canceled, limited or non - renewed until after thirty (30) days written notice has been given to the City. Contractor expressly understands and agrees that any insurance protection furnished by Contractor shall in no way limit its responsibility to indemnify and hold harmless the City under the provisions of Section 30 of this Agreement. 29. COMPLIANCE WITH LAWS AND REGULATIONS The Contractor hereby agrees to abide with all applicable Federal, State and local laws and regulations. It is understood that the City has ordinances for effecting a solid waste control program. It is the responsibility of the Contractor to become familiar with such ordinances, and it is understood that, if any provisions of said ordinances are in conflict with the conditions of the Contract, the ordinances shall be the governing factor for performances of the Contract. 30. INDEMNIFICATION The Contractor shall defend, indemnify, save harmless, and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, liabilities, losses, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by the Contractor in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or, in the alternative, approve counsel obtained by the Contractor. 27 31. BOOKS AND RECORDS The City shall have the right to review all records that pertain to the Contract which are maintained by the Contractor upon three (3) days' prior written notice. 32. NOTICES Any notice required hereunder shall be in writing and delivered in person, by telecopy or by certified mail to either party at its business address shown herein. 33. TERMINATION The Contract may be terminated by the City, with cause, upon sixty (60) days written notice to the Contractor, or after such shorter notice and cure period as may be specified hereunder. In the event the Contract is terminated as provided herein, the Contractor shall be reasonably compensated for services rendered to the effective date of such termination, as mutually agreed upon. 34. WAIVER The waiver of any breach of any provision hereunder by either party shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. 35. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. Venue shall be in Palm Beach County. 36. SEVERABILITY If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by any court or administrative body of competent jurisdiction to be illegal, null or void or against public policy, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby. 37. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof, and supersedes any oral or written representations, assurances, claims or disclaimers made either prior to simultaneous with the execution hereof. This Agreement may be amended only by an instrument in writing signed by both parties. Pram q 9 ARTICLE IX 38. CITY POPULATION AND UNITS SERVICED PERMANENT POPULATION: 33,824 (1998 University of Florida estimate) UNITS SERVICED: The City provides the number of residential units and commercial units shown below as a good faith estimate based upon current information and will be used for Bid calculations. Upon award of the Bid, an authorized representative of the City and an authorized representative of the Contractor shall survey the residential units in the City to verify and update the units to be serviced upon commencing operations in Palm Beach Gardens. Commercial service units are based upon information provided by the City's current hauler. THE CITY DOES NOT GUARANTEE ANY MINIMUM OR MAXIMUM AMOUNT OF WORK WHATSOEVER. RESIDENTIAL SERVICE: Single Family units, curbside 8,125 Multi - Family units, curbside 5,800 Multi - Family units, containerized 2,350 Container rentals, units 353 Mobile Homes, units 461 COMMERCIAL SERVICE: Commercial Containerized Collection, monthly cubic yards 20,000 38.1 Municipal Collection Service. The Contractor will provide Solid Waste, Recycling and Vegetative Waste Collection service for City-owned properties at no cost to the City. The Contractor will provide Solid Waste containers and Recycling containers, respectively, to be serviced by the Contractor in the following City -owned or controlled areas. The City may add or delete to this list as the City Manager or his /her designee deems necessary to provide service to all City properties. WE i1p - 10 ') Solid Waste containers: Vegetative Waste is collected at Plant Drive Park on Lilac Street near the roller hockey rink on the driveway at the northwest corner of the Park. 38.2 Municipal Special Events Approximately four (4) special events annually are sponsored by the City which require Solid Waste and sanitation service. 30 moor 10 Container /Information Location /Site Address Size Qty. Freq./Week Public Works Complex 4 yd. 1 I Burns Fire Station, 10500 N. Military 6 yd. 1 1 Burns Community Center, 4404 Burns 6 yd. 1 2 PGA National Park, Ryder Cup Boulevard 6 yd. 1 I Plant Drive Park 6 yd. 1 I Plant Drive Park 55 gal. 1 1 Municipal Golf Course, 11401 W. Northlake 8 yd. 1 2 Municipal Golf Course, 11401 W. Northlake 2 yd. 1 2 Municipal Complex, 10500 N. Military 6 yd. 1 I (City Hall /Police Station) Municipal Complex, 10500 N. Military 8 yd. 1 2 (Gardens Park ballfields) Municipal Complex, 10500 N. Military 20 yd. 1 .16 (East of Gardens Park ballfields- Rolloff emptied as needed) Lake Catherine Sports Complex, MacArthur & Northlake 4 yd. 2 2 Riverside Community Center, 10170 Riverside Drive 6 yd. 1 1 Fire Station #4, 7025 Fairway Lane 4 yd. 1 1 Fire Station #2, 11025 Campus Drive 4 yd. 1 1 Oaks Park, Gardens East Drive 2 yd. I 1 Recycling containers: Location /Site Address Size Qty. Freq. /Week Public Works Complex 4 yd. I 1 Public Works Complex 8 yd. 1 1 Public Works Complex 95 gal. 8 1 Burns Fire Station, 10500 N. Military 2 yd. 1 1 Burns Community Center, 4404 Burns 8 yd. 1 1 Burns Community Center, 4404 Burns 95 gal. 8 1 Municipal Golf Course, 11401 W. Northlake 8 yd. 1 1 Municipal Golf Course, 11401 W. Northlake 95 gal. 3 1 Municipal Complex, 10500 N. Military 4 yd. 1 1 (City Hall /Police Station) Fire Station #2, 11025 Campus Drive 95 gal. 3 1 Vegetative Waste is collected at Plant Drive Park on Lilac Street near the roller hockey rink on the driveway at the northwest corner of the Park. 38.2 Municipal Special Events Approximately four (4) special events annually are sponsored by the City which require Solid Waste and sanitation service. 30 moor 10 BID PRICES SECTION 1: Residential Solid Waste, Recycling and Vegetative Waste Collection Service The monthly residential rate per dwelling unit for collection prescribed in this Agreement shall be as shown below: Multi- Family Containerized Total Monthly Cost $ 3.44 31 ���10 Unit Cost per Month Single Family Residences Solid Waste Curbside - two (2) time per week $ 3.66 Vegetative Curbside - one (1) time per week $ 1.25 Recycling Curbside - one (1) time per week $ 1.25 Hand Serviced Single Family Residential Total Monthly Cost $ 6.16 Multi- Family Dwelling Units Solid Waste Curbside - two (2) times per week $ 3.03 Vegetative Curbside - one (1) time per week $ 1.25 Recycling Curbside - one (1) time per week $ 1.25 Hand Serviced Multi- Family Residential Total Monthly Cost $ 5.53 Mobile Home Units Solid Waste Curbside - two (2) times per week $ 3.03 Vegetative Curbside - one (1) time per week $ 1.25 Recycling Curbside - one (1) time per week $ 1.25 Hand Serviced Mobile Home Residential Total Monthly Cost $ 5.53 Multi- Family Dwelling Units Serviced by Mechanical Containers (Includes container rental and ancillary services) Solid Waste Containerized -two (2) times per week $ 2.38 or as needed Recycling Containerized -one (1) time per week $ 1.06 or as needed Multi- Family Containerized Total Monthly Cost $ 3.44 31 ���10 SECTION 2: Commercial Collection Service The commercial collection rate for collection and transportation expenses (all expenses except disposal costs) shall be as follows: Unit Cost per Cubic Yard, Solid Waste Collection Services $ 1.89 (includes container rental and ancillary services) Unit Cost per Compacted Cubic Yard Compactor Collection $ 2.41 (12 cubic yards or less) Section 3: Other Charges No additional customer charges will be imposed for services described in this Agreement. 32 P`103 IN WITNESS WHEREOF, City and Contractor have set their hands and seals on the day and year first above written to this Agreement and three counterparts, each of which shall constitute an original. CITY OF PALM BEACH GARDENS City Manager ATTEST: City Clerk 33 WASTE MANAGEMENT, INC. OF FLORIDA President APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney ��� 1 0 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 17, 2000 Subject/Agenda Item: Ordinance 2, 2000 - Amendment to the Comprehensive Plan to Incorporate the Former Military/ Northlake Enclave Recommendation /Motion: Staff recommends approval of Ordinance 2, 2000. Reviewed by: City Attorney Originating Dept.: Planning & Zoning Costs: $ 0 Total Council Action: [ ] Approved Division ACM $ 0 [ ] Approved w / conditions Current FY Other N/A I [ ] Denied Funding Source: [ ] Continued to: Advertised: Attachments: Date: 2 -2 -00 [ ] Operating Paper: PB Post [ ] Not Required [ ] Other N/A Ordinance 2, 2000 Submitted by: Growth i or Affected parties [x ] Notified Budget Acct. #: ( ] None Approved by: Property Owners City Manager [ ] Not required BACKGROUND: At its January 20t' meeting, the City Council approved Ordinance 2, 2000 on first reading with little comment. The City Council approved the "Interlocal 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. 1 0"w4wo 10 5 PROPOSAL: This is a city- initiated small -scale land use change to designate the former enclave with city land use. The total area is 2.59 acres in size. Staff proposes to maintain Commercial land use on the properties. Character of Former Enclave Western Property. The western parcel is 0.73 acres in size. It has 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 has 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 other uses are allowed by the zoning district. Surroundinq Land Uses Military /Northlake''Former'Enclave Land Use Amendment Surrounding Land Uses Development Name Land Use North Northmil and Sunny Plaza Commercial South Gardens Park Plaza and Shell Oil Station Commercial East Northmil Commercial West Sunny Plaza Commercial V jWMqV% 1 0 61 ANALYSIS: The proposed city land use designation, Commercial, is comparable to the current county land use designation, Commercial. The maximum intensities of the land use categories are similar and no additional impacts are foreseen. Staff has notified the Intergovernmental Plan Amendment Review Committee (IPARC) about the proposed land use amendment. The proposed amendment has received no objection through this forum. RECOMMENDATION Staff recommends approval of the comprehensive plan amendment (a change from county Commercial to city Commercial). The Local Planning Agency unanimously recommended approval of the petition at its January 11th public hearing. Note: After the comprehensive plan has been amended to incorporate the former enclave, staff will initiate a rezoning to designate a City zoning district on the property. 3 papa 10 7 Location Map n r PENN l08 January 7, 2000 ORDINANCE 2, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION ON 2.59 ACRES OF LAND LOCATED AT THE NORTHEAST AND NORTHWEST CORNERS OF MILITARY TRAIL AND NORTHLAKE BOULEVARD MORE PARTICULARLY DESCRIBED HEREIN FROM PALM BEACH COUNTY COMMERCIAL TO CITY OF PALM BEACH GARDENS COMMERCIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CODIFICATION; 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 now desires to amend the land use designation of the subject property from Palm Beach County Commercial to City of Palm Beach Gardens Commercial; and WHEREAS, the land use amendment is internally consistent with the City's Comprehensive Plan; and WHEREAS, the land use amendment is consistent with Section 163.3187(1)(c), F.S. as it pertains to small scale amendments; and WHEREAS, the Planning and Zoning Commission, the duly constituted land planning agency for the City, has recommended approval of the land use amendment to the City's Comprehensive Plan; and WHEREAS, the City Council acknowledges that this land use amendment is subject to the provisions of Section 163.3187(3)(c), F.S., and that the City shall maintain compliance with all provisions thereof. 5 PMRO10 � NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Future Land Use and Transportation Map Series of the City's Comprehensive Plan is hereby amended to incorporate the subject area and to designate the 2.59 acres of land located at the northeast and northwest corner of Military Trail and Northlake, more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference, from Palm Beach County Commercial to City of Palm Beach Gardens Commercial. SECTION 2. The City's Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and, together with the City Clerk, to ensure that this ordinance is codified as part of the City's Comprehensive Plan. SECTION 3. Consistent with Section 163.3187(3)(c), F.S., this Ordinance shall become effective 31 days after adoption. PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS PASSED AND ADOPTED THIS JOSEPH RUSSO, MAYOR VICE MAYOR LAUREN FURTADO COUNCILMAN CARL SABATELLO DAY OF , 2000. DAY OF , 2000. DAY OF 12000. 6 COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK 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 AYE NAY ABSENT V/ wr+w" I' 0 EXHIBIT `A' LEGAL DESCRIPTION OF ENCLAVE Property #1: PCN: 00- 42- 42- 13 -00- 000 -5020 13- 42 -42, N 150 FT OF S 350 FT OF E 300 FT OF W 350 FT OF SE 1/4 (LESS W 3 FT RD RNV) + 0.85 acres Property #2: PCN: 00- 42- 42- 13 -00- 000 -5021 13- 42 -42, E 75 FT OF W 275 FT OF SE 1/4 + 0.25 acres Property #3: PCN: 00- 42- 42- 13 -00- 000 -5022 13- 42 -42, N OF 150 FT OF S 200 FT OF E 75 FT OF W 350 FT OF SE 1/4 + 0.25 acres Property #4: PCN: 00- 42- 42- 13 -00- 000 -5030 13- 42 -42, N 150 FT OF S 200 FT OF E 150 FT OF W 200 FT OF SE 1/4 (LESS W 3 FT & TRGLER) + 0.51 acres Property #5: PCN: 00- 42- 42- 13 -00- 000 -7161 13- 42-42, NLY 185.01 FT OF S 235 FT OF W 183 FT OF E 250 FT OF SE 1/4 OF SW 1/4 (LESS E 9 FT) + 0.73 acres CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: February 17, 2000 Date Prepared: January 25, 2000 Subject /Agenda Item Public Hearing for Resolution 12, 2000 — Temple Beth David Time Extension. Recommendation/Motion: Staff recommends approval of the Resolution Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA �1 $ [ ] Approved w/ conditions ACM �(J �J Current FY [ ]Denied Advertised: Human Res. NA Funding Source: [ ] Continued to: Other NA Attachments: Date: 1/25/00 [ ] Operating Paper: Palm Beach [ ] Other Resolution 12, 2000 Post City Engineer letter dated 1/3/00 Resolution 71, 1997 Location Map Site Plan Submitted by: [ ] Not Required Growth Man ag cm. c ffected parties Budget Acct. #:: Director Approved by: [ x ] Notified [ ] None City Manager [ ] Not required REQUEST Petition MISC- 99 -25, a request by Michael B. Schorah and Associates, Inc., agent, for a two year time extension for the Temple Beth David Conditional Use and Site Plan, located at 4657 Hood Road, near the northeast corner of Hood Road and Central Boulevard. (36 -41 S -42E) Agenda Cover Memorandum BACKGROUND February 17, 2000 Temple Beth David was originally approved by Palm Beach County in 1982. The Temple was annexed into the City by Ordinance 41, 1988. Later the City designated the site as a Conditional Use in the RL -1 residential low density zoning district. The property's zoning is now RH, which is consistent with the Future Land Use designation of RH. In July of 1997 the Temple was granted an approval for an expansion via Resolution 71, 1997. The traffic study which accompanied this petition indicated that the project would be built out by the end of 1997. This buildout did not occur. However the City's Land Development regulations also provide that a project's concurrency has a two year life, and that an applicant has the right to request time extensions for development orders. Therefore the applicant filed a time extension application before the expiration of their concurrency status in July 1999. It should be noted that Temple Beth David is located immediately east of Gardens Presbyterian Church. The two entities have developed a unique cooperative improvement program whereby they share in certain infrastructure costs such as a lift station and a common driveway entrance. REVIEW PROCESS This is a time extension request. The request is reviewed by the Growth Management Department and is then scheduled for a public hearing before the City Council. The City Council may take one or more of the following actions: 1) Approve a time extension not to exceed two years. 2) Amend the development order to comply with current codes. 3) Revoke the development order to rezone the property to a zoning district consistent with the Comprehensive Plan. (The current use is consistent with the Comprehensive Plan.) PROJECT DETAILS To be eligible for a time extension, the applicant is required to demonstrate that "good faith" efforts have been taken to develop the site and that good reasons exist for the delay in initiation or completion of development. Since its expansion plan approval in 1997, the Temple has developed architectural and site engineering plans consistent with the approved plans. Applications were submitted to Palm Beach County, South Florida Water Management District, Seacoast Utilities, and Northern Palm Beach County Improvement District. Agenda Cover Memorandum February 17, 2000 Recently, however, the Temple has been re- thinking its long range goals and plans, and has therefore ceased pursuing its permits until they determine whether they want to stay with the current development approvals or seek revisions to their approved plans. They have also had a change in their governing board, which has affected their direction. The Temple has made significant efforts toward developing their site, however, both by pursuing the above - mentioned permits and by their continuing cooperation with Gardens Presbyterian Church. The Church is on a faster development track, and they needed some permits in cooperation with the Temple in order to move forward. The Temple recently pursued and obtained an Administrative site plan amendment from the City to allow some site plan changes, and then immediately applied for permits to relocate a lift station and permission to modify the common entrance drive in response to a request by the Fire Department. Seacoast Utilities and the Palm Beach County Health Department have issued permits for this work. A permit from the Palm Beach County Engineer's office is imminent. Traffic Concurrency A traffic study was originally conducted by Yvonne Ziel, which estimated buildout at the end of 1997. A full traffic study was not conducted because the total trips generated are less than 200. Recently, Yvonne Ziel prepared a revised statement which estimates buildout in the year 2002. City Traffic consultants have reviewed the revised traffic statement and have concluded that the time extension request meets the requirements of the Land Development Regulations. RECOMMENDATION Staff recommends approval of Resolution 12, 2000 based upon the petitioner's demonstration of good faith efforts to continue the development of their property. Since the latest traffic report shows that the project meets the requirements of the City's Traffic Performance Standards through 2002, staff recommends the granting of a time extension through December of 2002. January 27, 2000 February 2, 2000 RESOLUTION 12, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A TIME EXTENSION FOR THE TEMPLE BETH DAVID CONDITIONAL USE AND SITE PLAN, LOCATED JUST EAST OF THE NORTHEAST CORNER OF HOOD ROAD AND CENTRAL BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution 71, 1997 approved the original request for the Conditional Use and Site Plan; and WHEREAS, the City of Palm Beach Gardens received an application from Temple Beth David to approve a two -year time extension for the Temple Beth David Conditional Use and Site Plan located at 4657 Hood Road, near the northeast corner of Hood Road and Central Boulevard; and WHEREAS, the City's Growth Management Department has reviewed said application and determined that it is sufficient, and meets all "good faith" criteria listed in the City Code of Ordinances for a time extension; and WHEREAS, the City Council has determined that the proposed 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 time extension for the Temple Beth David Conditional Use and Site Plan, commencing on the effective date of this resolution and continuing through December 31, 2002. Section 2. All provisions and conditions of Resolution 71, 1997 shall remain in full force and effect. Section 3. In the event that this time extension expires, a request for an additional time extension shall be subject to the provisions of city code. Section 4. This Resolution shall be effective upon adoption. 4 imp" 1 1 5 PASSED AND ADOPTED THIS DAY OF JOSEPH RUSSO, MAYOR ATTEST: BY: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GAShort Range\ IISC9925.re.doc 2000 APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT 5 1pmm! 1 6 LlbLf 0 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Kim Glas FROM: Sean C. Donahue, P.E. SC.O DATE: January 3, 2000 SUBJECT: Temple Beth David LBFH File No. 96 -2111 On January 3, 2000, we received MTP Group's comments regarding their review of a traffic statement for the proposed time extension for the referenced project. According to MTP Group, the proposed expansion meets the requirements of the City of Palm Beach Gardens. MTP Group recognizes that the project is already approved for the expansion and the only issue at the moment is the time extension to the year 2002 (please note that MTP Group mistakenly wrote the year 2000 on their memorandum and that they are aware of the mistake). Therefore, MTP Group previous comment about impact of project traffic on through traffic along Hood Road and site access should have been addressed during the approval process. A copy of MTP Group's memorandum is attached. SCD/ cc: Roxanne Manning Jim Norquest Steve Cramer PAPROJEC 1N\PBGMEM0\2111 \21 l lo 4 Crty of P� ra,dens MANAGEMENT DE 1, ENT 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info @lbfh.com PALM C11 WEST PALM BEACH FORT PIERCE OKEKHOF 1-03 -200 11.10AM FROM MTP GROUP INC WPB FL +1 561 7950230 P.2 9 &' Z11I MTP Group, mc. 12796 Forest Hill Boulevard, Suite 303 West Palm Beech, FL 33414' Phone: (561) 795 -0678 Telefox. 1561) 795 -0230 MEMORANDUM To: Sean C. Donahue, P.E. Lindahl, Browning, Ferrari & Hellstrom, Inc. From: Maria T. Palombo, P.E. - AP Date: January 3, �W_ Z po 0 Subject: Temple Beth David Time Extension We have reviewed a traffic impact statement prepared by Yvonne Ziel Traffic Consultants, dated September 2, 1999 in reference to the above mentioned project. The proposed development includes an expansion of the existing 9,000 square -feet synagogue to 23,000 square -feet. The synagogue is located on Hood Road east of Central. Boulevard in the City of Palm Beach Gardens. The proposed expansion has the potential of generating an additional 130 daily trips_ Based on the location of the project as indicated above, there is enough capacity on Hood Road to accommodate traffic generated by the proposed expansion. Therefore, the proposed expansion meets the requirements of the City's Traffic Performance Standards. Z It has been called to our attention that the project is already pproved for the expansion and .the only issue'at the moment is a time extension to the year 200P. Therefore, our previous comment about impact of project generated traffic on through traffic along Hood Road and site access should have been addressed during the approval process. Do not hesitate to call me at (561) 795 -0678 should you have any questions about this project. C.dy0fPA Gardens A ;' 1 _ C:4ntp1TCRPC\P BOlTemple8eti�V.d h%mo l .Irijpd MANAGEMENT -. DEPAR MENT RESOLUTION 71, 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A CONDITIONAL USE FOR THE EXPANSION AND RENOVATION OF THE EXISTING TEMPLE BETH DAVID SITE LOCATED AT 4675 FLOOD ROAD; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens annexed the Temple Beth David property at 4675 Hood Road into the City by Ordinance 41, 1988; WHEREAS, Temple Beth David has petitioned for a conditional use for the existing religious facility and site plan approval for the expansion of the existing religious facility from 8,308 square feet to 23,778 square feet; WHEREAS, the Growth Management Department has reviewed said petition and determined that it is sufficient; WHEREAS, the Planning and Zoning Commission has recommended approval of this petition with conditions; and WHEREAS, the petition is consistent with the City's Comprehensive Land Use 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 a conditional use for Temple Beth David, located at 4657 Hood Road, for a 23,778 square foot religious facility as depicted on the Temple Beth David Site Plan, dated March 20, 1997, on file in the Planning and Zoning Department. SECTION 2. The conditional use is subject to the following conditions: The applicant shall submit a lighting plan that verifies the illumination requirements for parking lots as stated in Section 118- 474(4) prior to the issuance of the Building Permit. 2. The applicant shall submit a permit from Palm Beach County for the proposed right turn lane and median opening in Hood Road prior to the issuance of a building permit. If Palm Beach County's Access Management Plan prohibits the median opening, a method for eastbound traffic to access the project must be concluded to the satisfaction of the Growth Management Department and Palm Beach County Engineering Department prior to the issuance of a building permit. The drainage easement and the Seacoast Utility Authority easement that extends off - site to the west through the Gardens Presbyterian Church site, and to the north through the MacArthur Foundation parcel shall adhere to all tree protection codes, and shall not encroach into the upland preserve sites, nor the future parkway area consisting of a 90' wide buffer area east of the Central Boulevard road right -of -way. Prior to land alteration/construction for improvements on the MacArthur Foundation parcel, a tree inventory of the parkway and drainage easement areas shall be provided to City staff. At a minimum, the land alteration/construction within said easements shall provide for the protection of trees greater than 10" in diameter, including but not limited to meandering the easement to avoid any large tree, preserve, and parkway area. Mitigation shall be required for all tree loss. A tree mitigation plan shall be prepared and approved by the City Forester, prior to off -site land alteration and prior to the easements being recorded. The receiver area for the tree mitigation shall be the parkway area. Trees less than 10" in diameter shall be replaced one tree for one tree. Trees greater than 10" in diameter shall be replaced three trees for every one tree removed. The minimum size replacement tree shall be 12' tall. There shall be one hundred, one gallon container size, Saw palmetto plants installed within the parkway area. 4. The Site Construction Plans and the Boundary Plat for the drainage easement and for the legal positive outfall and the Seacoast Utility Authority shall be reviewed and approved by the City prior to the recordation of the plat. Temple Beth David shall landscape and irrigate 120' of the 500' Hood Road median. The Temple shall also be responsible for its portion of the landscape maintenance within the median. The landscaping shall adhere to the Hood Road landscape plan prepared by the Gardens Presbyterian Church and shall be installed at the same time the Gardens Presbyterian Church implements said improvements. 6. All exotic invasive plants shall be removed from the site prior to the Certificate of Occupancy. If the City finds the maintenance of the grass parking area is in disrepair or poor appearance, the City shall notify the property owner in writing that within thirty (30) days of said notice the deficiencies shall be rectified. Should the deficiencies not be corrected within the said thirty (30) days, the City may require the parking area to be totally or partially paved to City standards within one hundred fifty (150) days upon written notification. 8. Prior to the issuance of the first building permit, an executed agreement between Trustees of the Temple Beth David and Gardens Presbyterian Church concerning the waml2.0 sharing of infrastructure shall be recorded. SECTION 3. Construction shall be consistent with the following plans on file with the City's Growth Management Department: 1. March 20, 1997 Site Plan, Slattery and Root Architects, Sheet SP -1 2. March 28, 1997 Landscape Plan, George G. Gentile and Associates, Sheet L -1 3. February 9, 1997 Floor Plan, Slattery and Root Architects, Sheet A -1 4. March 20, 1997 Architectural Elevations, Slattery and Root Architects, Sheet A -2 5. March 28, 1997 Architectural Elevations, Slattery and Root Architects, Sheet A -3 6. April 7, 1997 Architectural Elevations, Slattery and Root Architects, Sheet A-4 7. Undated Roof Plan, Slattery and Root Architects, 1 Sheet 8. March 20, 1997 Conceptual Water Management Plan, Michael B. Shorah Associates, Inc., Sheet C -1 SECTION 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY , 1997 U �� ��SII R RUSSO ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. CITFATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK 'eat planningAwar I w9608.rcN AYE NAY ABSENT nup l 21 ems+. f to �. � I f y1�Q^ .. � I, .• �r . �� -t � i �� � �� Imo• �:� .f�'�- -ter... ♦ .. :� �.- -vjA - - - s %Oman122 -- -- -- ovoa 000 -w - -- 3NY1 N9N ,1491 QE9d0Yd I xx., -11m musa3 ZO•p{� A .SQ.90.99 N • .._may - _.. �.. .. .. .,_ _. I«_. -- _ L� .YL W � o WS y( ° Q I a� 8 Sf O�AL z pzmmlmll .1 001 o 9 � O O ll, of - - - - - -- -- - - - -- NIA - - - -- - �� 1 1.9q •1 � .L✓1 C-.S � � 1MLLS � � I Z " IT 1 to I I lO 1 I b 1 1 1 1 lO I I I r I p �Qg ,I p 1 I 1 1 I 1 I 1 lO 1 1 •I 1 1 1 1 I � I I I I I 1 lO 1 1 1 1 1 1 1 1 1 1 I b I 1 1 I I 1 I I 1 1 1 1 1 1 .0-001 �,5� 0 -Ad Ol _0 -O� e W Z 0 F �� 1 a as �� wool 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 17, 2000 Date Prepared: January 27, 2000 Subject/Agenda Item: Consent Agenda — Resolution 8, 2000, appointing a Regular Member and an Alternate Member to the Northlake Boulevard Corridor Task Force Recommendation /Motion: Staff recommends approval of Resolution 8, 2000 Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney! Planning Division Total 1 ] Approved ACM ' $ 0 [ ] Approved w/ conditions Other NIA Current FY ] Denied Funding Source: ( ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: X ] Not Required [ ] Other 1. Resolution 8, 2000 2. List 9f Task Force m me ers 0 Gro+vth Mgt. Director Affected parties [ ] Notified Budget Acct. #: ( ] None Approved by: City Manager [ x ] Not required BACKGROUND: In August 1997, the City entered into an interlocal agreement with the Town of Lake Park, Village of North Palm Beach, and Palm Beach County to create a Northlake Boulevard Corridor Task Force. The purpose of the Task Force is to improve the appearance of Northlake Boulevard between U.S. Highway One and Military Trail. To date, the Task Force has completed a streetscape plan, is hiring a consultant to prepare construction plans to apply for grants for these improvements, and is hiring a consultant to 100mm 12 4 prepare zoning regulations for a Northlake Boulevard Overlay Zoning District. The interlocal agreement allows each local government to appoint two Regular Members and two Alternate Members (one for each Regular Member). The current representatives for the City of Palm Beach Gardens are: Vice -Mayor Lauren Furtado — Regular Member Council Member Carl Sabatello — Alternate Member Senior Planner Edward Tombari — Regular Member Principal Planner Steve Cramer — Alternate Member However, Mr. Tombari no longer works for the City, and his position as a Regular Member of the Task Force is currently vacant. RECOMMENDATION: The Growth Management Department recommends: Appointing Principal Planner Steve Cramer to fill the vacant position of Regular Member. Mr. Cramer is currently an Alternate Member of the Task Force, as indicated above. 2. Appointing Senior Planner Talal Benothman as an Alternate Member to fill the vacant position if Mr. Cramer is appointed as a Regular Member. g: \sc \nitfappoint01.00 2 owa'" 1 2 5 February 2, 2000 RESOLUTION 8, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING A REGULAR MEMBER AND AN ALTERNATE MEMBER TO THE NORTHLAKE BOULEVARD CORRIDOR TASK FORCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 21, 1997, the City Council of the City of Palm Beach Gardens approved Resolution 57, 1997, approving an interlocal agreement to create the Northlake Boulevard Task Force in order to improve the appearance of Northlake Boulevard between U.S. Highway One and Military Trail; and WHEREAS, the above interlocal agreement requires the appointment of two Regular Members and two Alternate Members to represent the City of Palm Beach Gardens on the Northlake Boulevard Corridor Task Force; and WHEREAS, the current representatives for the City of Palm Beach Gardens on the Northlake Boulevard Task Force are Vice -Mayor Lauren Furtado, Regular Member; Council Member Carl Sabatello, Alternate Member; Senior Planner Edward Tombari, Regular Member; and Principal Planner Steve Cramer, Alternate Member; and WHEREAS, Edward Tombari is no longer employed by the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. Steve Cramer, Principal Planner, is hereby appointed as a Regular Member and staff representative on the Northlake Boulevard Corridor Task Force to replace Edward Tombari. SECTION 2. Talal Benothman, Senior Planner, is hereby appointed as an Alternate Member and staff representative on the Northlake Boulevard Corridor Task Force to replace Steve Cramer, who is being re- appointed as a Regular Member on the Task force. SECTION 3. This resolution shall be effective upon approval by the City Council. r., 2 6 RESOLUTION 8, 2000 PASSED AND APPROVED THIS ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE -MAYOR FURTADO COUNCIL MEMBER CLARK COUNCIL MEMBER JABLIN COUNCIL MEMBER SABATELLO g: \sc: \res \nitf02.00 DAY OF 0 2000. MAYOR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT iqipml 2-7 NORTHLAKE BOULEVARD CORRIDOR TASK FORCE MEMBERS Regular Member Alternate Member Town of Lake Park Town of Lake Park O William H. Wagner, Mayor O John Butterly, Vice Mayor 535 Park Avenue 535 Park Avenue Lake Park, FL 33403 Lake Park, FL 33403 (561) 848 -3460 fax (561) 848 -2913 (561) 848 -3460 fax (561) 848 -2913 Regular Member Alternate Member Town of Lake Park The Town of Lake Park OO Terry Leary, Town Manager © David B. Thatcher, AICP 535 Park Avenue Community Development Director Lake Park, FL 33403 535 Park Avenue (561) 848 -3460 fax (561) 848 -2913 Lake Park, FL 33403 (561) 848 -3458 fax (561) 848 -2913 Regular Member Alternate Member Village of North Palm Beach Village of North Palm Beach O Charles O'Meilia, Councilman O Dennis Kelly, Village Manager 501 U.S. Highway One 501 U.S. Highway One North Palm Beach, FL 33408 North Palm Beach, FL 33408 (561) 622 -7010 fax(561)881-7469 (561) 848 -3476 fax (561) 848 -3344 Regular Member Alternate Member Village of North Palm Beach Village of North Palm Beach OO David Norris, Mayor OO Tom Hogarth, PE, Public Services Director 501 U.S. Highway One 501 U.S. Highway One North Palm Beach, FL 33408 North Palm Beach, FL 33408 (561) 622 -7010 fax(561)881-7469 (561) 626 -0212 fax (561) 626 -5869 Regular Member Alternate Member City of Palm Beach Gardens City of Palm Beach Gardens O Lauren Furtado, Vice Mayor D Carl Sabatello, Councilman 10500 N. Military Trail 10500 N. Military Trail Palm Beach Gardens, FL 334104698 Palm Beach Gardens, FL 33410 -4698 (561) 775 -8295 fax (561) 622 -7366 (561) 626 -0212 fax (561) 775 -8244 Regular Member Alternate Member City of Palm Beach Gardens City of Palm Beach Gardens © Vacant ©Steven B. Cramer, AICP, Principal Planner 10500 N. Military Trail 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 Palm Beach Gardens, FL 33410 -4698 (561) 775 -8295 fax (561) 775 -1014 (561) 775 -8295 fax (561) 775 -1014 Regular Member Alternate Member Palm Beach County Palm Beach County O Karen Marcus, Commissioner District 1O Trish Weaver 301 North Olive Street 301 North Olive Street West Palm Beach, FL 33401 West Palm Beach, FL 33401 (561) 355 -2201 fax (561) 355 -3990 (561) 355 -2201 fax (561) 355 -3990 Regular Member Alternate Member Palm Beach County Palm Beach County © Ronald Sullivan, ASLA, Senior Planner ® Jon MacGillis, Principal Planner Zoning Division Zoning Division 100 Australian Avenue 100 Australian Avenue West Palm Beach, FL 33406 West Palm Beach, FL 33406 (561) 233 -5214 fax (561) 233 -5165 (561) 233 -5223 fax (561) 233 -5165 U:\ZONING \BA_CON\ CONCUR \PROJECTSW BCTFW BCTFADR.W PD vz®1 2a CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 17, 2000 Date Prepared: January 28, 2000 Subject/Agenda Item: Resolution 13, 2000, contributing $20,000 to the Northlake Boulevard Corridor Task Force for the preparation of a Northlake Boulevard Overlay Zoning District Recommendation /Motion: Staff recommends approval of Resolution 13, 2000 Reviewed by: Originating Dept.: Costs: $ 20,000 Council Action: Total City Attorney Planning Division [ ] Approved ACM q2, ' $ 20,000 [ ] Approved wl conditions Finance Current FY _2,43 ] Denied Funding Source: [ ] Continued to: Advertised: Date: ( ] Operating Attachments: Paper: [ X ] Other City Council 1. ' 2000 Resolution 13 1 X ] Not Required Contingency Fund — o / Gro Mgt. Directo— -- Affected parties [ ] Notified Budget Acct. #: 01- 0100 - 511 -5910 [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: In August 1997, the City entered into an interlocal agreement with the Town of Lake Park, Village of North Palm Beach, and Palm Beach County to create a Northlake Boulevard Corridor Task Force. The purpose of the Task Force is to improve the appearance of Northlake Boulevard between U.S. Highway One and Military Trail. To date, the Task Force has completed a streetscape plan, is hiring a consultant to prepare construction plans to apply for grants for these improvements, and is hiring a consultant to Noun" 129 prepare zoning regulations for a Northlake Boulevard Overlay Zoning District. The City Council has previously adopted the streetscape plan. The Task Force has interviewed consulting firms for the preparation of overlay zoning district regulations, and has selected Michael Redd and Associates of North Palm Beach. Each municipality on the Task Force has been requested to contribute $20,000 to fund this project, with Palm Beach County providing in -kind services worth $20,000. The $60,000 in contributions for this fiscal year will be added to the $60,000 collected last fiscal year for a total budget of $120,000 for this project. The requested contribution of $20,000 would bring the City's total contributions to the Task Force to $45,000. The City has previously contributed $5,000 in fiscal year 1997 -98 and $20,000 in fiscal year 1998 -99, as indicated above. RECOMMENDATION: The Growth Management Department recommends approval of the attached resolution contributing $20,000 to the Northlake Boulevard Corridor Task Force for fiscal year 1999 -2000. g: \sc \nitfcontrib01.00 2 INEPPI00 February 2, 2000 RESOLUTION 13, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE PAYMENT OF $20,000 TO THE NORTHLAKE BOULEVARD CORRIDOR TASK FORCE FOR THE PREPARATION OF A NORTHLAKE BOULEVARD OVERLAY ZONING DISTIRCT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 21, 1997, the City Council passed Resolution 57, 1997, approving an interlocal agreement to create a Northlake Boulevard Corridor Task Force in order to improve the appearance of Northlake Boulevard between U. S. Highway One and Military Trail; and WHEREAS, the Northlake Boulevard Corridor Task Force consists of representatives from the City of Palm Beach Gardens, the Village of North Palm Beach, the Town of Lake Park, and Palm Beach County; and WHEREAS, the Northlake Boulevard Corridor Task Force is recommending that a consultant be hired to create a Northlake Boulevard Overlay Zoning District, and is requesting a contribution of $20,000 from each municipality on the Task Force and $20,000 of in -kind services from Palm Beach County for this project. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The City Council of the City of Palm Beach Gardens hereby authorizes the City Manager to disburse $20,000 from the City Council Contingency Fund to help fund the preparation of a Northlake Boulevard Overlay Zoning District. SECTION 2. This resolution shall be effective upon approval by the City Council. i■wn -1-31 RESOLUTION 13, 2000 PASSED AND APPROVED THIS DAY OF ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE MAYOR RUSSO VICE -MAYOR FURTADO COUNCIL MEMBER CLARK COUNCIL MEMBER JABLIN COUNCIL MEMBER SABATELLO g: \sc \res \nitfcontrib01.00 2 2000. MAYOR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT snip 13 ?. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 17, 2000 Date Prepared: February 2, 2000 SUBJECT /AGENDA ITEM: First Reading: Ordinance 5, 2000 (PUD- 99 -11), a request for an amendment to a Planned Unit Development (PUD) to increase a residential site by 0.33 acres, and increase the number of townhomes on the site by two (2) units. RECOMMENDATION: Staff recommends that Ordinance 5, 2000 be approved with conditions. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorne Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM �Cr� Jr Current FY conditions Human Res. NA [ ] Denied Advertised: Other NA Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other a Ordinance 5, 2000 • Ordinance 5, 1999 • Memo from Jack Hanson dated 1/3/00 • Letter from BellSouth dated 5/28/99 • Letter from Hank Skokowski dated 12/3/99 • Letter from Henry Skokowski dated 12/22/99 • Proposed Site Plan • Previously Approved Site Plan Submitted by: Znffected [X] Not Required Growth Manage parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [X] Not required 00 -133 City Council Meeting Date: February 17, 2000 Date Prepared: February 2, 2000 Petition PUD -99 -11 REQUEST: Urban Design Studio, agent for Mutual Land Development Company, is requesting approval of an amendment to a planned unit development (PUD). The original PUD approval was for the construction of 63 fee simple townhomes and a 1,600 square -foot pool /pavilion building, on a 7.26 -acre site located approximately 500 feet from the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road. This amendment will add 0.33 acres to the approved site, and result in a two (2) unit net increase in the number of townhomes. The 0.33 acres is located immediately adjacent to the previously approved site (on the north side). (5- 42S -43E) BACKGROUND: The Marina Gardens parcel (formerly known as "Soverel North Townhomes ") is a 7.59 -acre tract of vacant land located east of the intersection of Prosperity Farms Road and Idlewild Road. Immediately to the east of the subject site is the existing Seminole Boatyard. To the west of the site is the existing Harbour Financial Shops commercial /office center. To the south of the site is the Soverel Harbour Marina. To the north of the site, across Idlewild Road, are single family detached dwelling units that are in unincorporated Palm Beach County. On May 30, 1997, an application was submitted for the annexation of 4.36 acres of land into the City of Palm Beach Gardens, and for a Small -Scale Future Land Use Plan Amendment (LUP) for 7.26 acres of land. Per the City's request, the submittal was amended to a Large Scale LUP amendment on December 30, 1997. The southern 5.747 acres of the site was given a Residential — High Density (RH) underlying future land use designation, while the northern 1.842 acres on the site was given an underlying future land use designation of Residential — Medium Density (RM). These Annexation and Future Land Use Plan petitions were approved by City Council on August 6, 1998 with the passage of Ordinance 48, 1997 and Ordinance 4, 1998. Ordinance 5, 1999 (see attached) was approved by City Council on February 4, 1999, approving the PUD and the 63 townhomes on the site. The 0.33 -acre addition, located on the north- central section of the site, was annexed into the City on August 19, 1999 (Ordinance 32, 1999); its underlying future land use designation was changed to Residential — Medium Density (RM) on September 16, 1999 (Ordinance 33, 1999). The addition has a current zoning of Residential — Medium Density (RM). The proposed amendment will expand the PUD overlay to include the 0.33 -acre addition, and eliminate one townhome from the previously approved site while adding three units to the 0.33 -acre addition to the site (net increase of two townhomes). The amendment will also increase the number of relocated trees from 6 to 8, and alter the perimeter wall at the project entrance to allow for better tree growth. 2 ®®n 13 4 City Council Meeting Date: February 17, 2000 Date Prepared: February 2, 2000 Petition PUD -99 -11 LAND USE & ZONING: For a complete listing of adjacent uses, land use designations, zoning districts, and consistency with code, see Tables 1 and 2. CONCURRENCY: The proposed project received conditional concurrency certification on October 5, 1999, which included concurrency for traffic, drainage, solid waste, sewer and water. The traffic concurrency certification is conditioned on the applicant making four "house- cleaning" revisions to their traffic analysis. The applicant revised the traffic analysis and submitted it to the City for review; the revised traffic analysis was reviewed by the City's traffic engineering consultant, and comments were given to the applicant. The applicant has since responded, and the City's traffic engineering consultant is currently reviewing this response. The requested changes, however, are not significant. PROCEDURE: This is a request for an amendment to an approved PUD. The request is reviewed by the Development Review Committee, who 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 request for an amendment to an approved PUD, and makes a final determination of approval, approval with conditions, or denial. PROJECT DETAILS: Buildin,q Site The property owner intends to develop the entire site as a residential development and to construct high quality, upscale townhome units. The development includes 65 townhome units, and a 1,600 square -foot pavilion building with a swimming pool for use by the residents and their guests. The development is aimed towards a seasonal, boating population, and will be built in one phase. Residential Units The townhome units fronting the marina will be three (3) stories in height, and all interior townhome units will be two (2) stories in height. The two (2) story townhomes will be either 2,005 square -feet (unit model "d ") or 2,025 (unit model "c ") square feet in size. The three (3) story townhomes will be 2,950 (unit model "a ") or 3,050 (unit model "b ") square feet in size. Twenty -seven (27) townhomes will have a view of the Soverel Marina, while most of the remaining units will have a view of the 0.7 -acre lake located in the middle of the site. KI WEW 1 3 le City Council Meeting Date: February 17, 2000 Date Prepared: February 2, 2000 Petition PUD -99 -11 Special site features will include paver block road surfaces and garage driveways. The lots will be sold on a fee simple basis. Common Areas A pavilion /pool is proposed for use by the residents and their guests. The pavilion /pool will primarily be an open -air facility, with a loggia separating the mens and ladies changing /restrooms. A gazebo overlooking the marina is also being proposed. All common areas, including the pavilion /pool area, will be maintained by the homeowners association. Site Access The development will be accessed from Idlewild Road and Prosperity Farms Road utilizing an existing 24 -foot access easement. A card gate will provide security to the site. Walkways A sidewalk is being proposed along one (1) side of the 20 -foot access drive inside the site. Sidewalks will also connect the townhomes with the gazebo overlooking the marina, and connect the site to the marina walk and the Harbour Shops. As required by the Americans with Disabilities Act (ADA), a sidewalk connects the site to the sidewalk along the south side of Idlewild Road. Waste Management The site will have curb -side trash pick -up. Signage Although the site was previously approved with two ground signs, the applicant still needs a waiver for the second ground sign because the site does not have the minimum amount of public road right -0f - -way needed for two ground signs; the site has 436 feet of public road right -of -way and code requires 1000 feet for two ground signs (Section 110 -36). The proposed ground signs are each 11 feet in height and 14 feet 4 inches in length, with 46 square feet of sign area and 24 -inch high lettering; all of these dimensions comply with the City's Code of Ordinances. Landscapinq Nine (9) existing oak trees will remain on site; however, eight (8) of these trees will be relocated. Buffer trees and palms on the site shall include Live Oaks, Mahogany, Satin Leaf, Red Bay, Gumbo Limbo, Dahoon Holly, Red Maple, Sweet Acacia, Green Buttonwood, Pigeon Plum, Cattely Guava, Frangipani Plumeria, Southern Red Cedar, and Sabal /Cabbage Palm. Common Area trees and palms on the site shall include Bald Cypress, Royal Palm, Sabal /Cabbage Palm, Coconut Palm, Thatch Palm, Dactylifera 4 E®PO 136 City Council Meeting Date: February 17, 2000 Date Prepared: February 2, 2000 Petition PUD -99 -11 Palm, and Reclinata Palm. The total points required for the site is 10,577, and there are 27,164.2 points being provided. Drainage Runoff from the property will be collected by a series of on -site inlets and directed via culverts into a proposed dry detention area or on -site lake for water quality purposes. Ultimately, the permitted overflow will be controlled by a weir, and will discharge through a culvert via a private off -site easement into the Intracoastal Waterway system. Waivers The applicant has requested the following waivers: 1) A waiver for an additional ground sign. 2) A waiver for an 8 -foot wall (code permits 6 feet). 3) A waiver so that curbing to protect landscaping does not have to be provided. 4) A waiver to permit specialty pavers. 5) A waiver of the front setback (40 feet) to permit a front setback of 20 feet. 6) A waiver of the side setback (30 feet) to permit a side setback of 0 feet. 7) A waiver of the side (facing street) setback (30 feet) to permit a side (facing street) setback of 0 feet. 8) A waiver of the rear setback (30 feet) to permit a rear setback of 10 feet. STAFF COMMENTS: The Engineering Department, the Police Department, the Fire Department, Northern Palm Beach County Improvement District, and the Legal Department voiced no objections to this petition. Building Division Building Official Jack Hanson has stated that the applicant will need a waiver for one of the two ground signs being proposed (see attachment). Seacoast Utility Authority Seacoast Utility Authority has stated that the applicant needs to depict proposed water and sewer lines on the landscape plans. Planning & Zoninq Division The Planning and Zoning Division reviewed the plans for this proposed project, and voiced the following comments and concerns: 1. All of the previous conditions of approval in Ordinance 5, 1999 shall be carried over with the approval of this petition. 5 City Council Meeting Date: February 17, 2000 Date Prepared: February 2, 2000 Petition PUD -99 -11 2. The applicant has not fully complied with condition #5 in Ordinance 5, 1999; BellSouth has stated in a letter dated May 28, 1999 (see attachment) that "the proposed landscape and paving would make these easements unusable." BellSouth further states that "this easement would not meet the Public Service Commission criteria." The only alternative would be for applicant/developer to "provide a conduit and handhole system for BellSouth at the developer's cost." The applicant shall resolve this situation prior to construction plan approval. 3. Although the site was previously approved with two ground signs, the applicant still needs a waiver for the second ground sign because the site does not have the minimum amount of public road right -of -way needed for two ground signs; the site has 436 feet of public road right -of -way and code requires 1000 feet for two ground signs. Staff further questions the need for two ground signs in such close proximity of each other. 4. All perimeter PUD buffers shall be owned by the association governing the project. This association shall be responsible for the maintenance of the wall and landscaping as one buffer area. 5. Staff does not support the loss of the pedestrian plaza and pathway on the north side of the lake, especially in light of the City's efforts in promoting pedestrian - friendly environments throughout the City. Parks & Recreation Department The applicant will have to submit $2,066 for monies in lieu of parkland, in addition to those monies stated in condition #8 in Ordinance 5, 1999. This additional money shall be submitted prior to the issuance of the first building permit. 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. 0 W®W 1 3 8 City Council Meeting Date: February 17, 2000 Date Prepared: February 2, 2000 Petition PUD -99 -11 APPLICANT RESPONSE: The applicant has stated in a letter dated December 22, 1999 (see attachment) that they question the need for a waiver for the second ground sign. The applicant feels that the over 1,200 feet of frontage on access easements enables them to have two ground signs. Staff disagrees with the applicant's assumption that 1,200 feet of access easements entitles them to two ground signs; as stated earlier, two ground signs require 1,000 feet of public road right -of -way (Section 110 -36), and this site only has 436 feet. OUTSTANDING ISSUES: The following are outstanding issues that are of major concern regarding this petition: 1. The issue of the two ground signs. 2. The applicant has not complied with condition #5 in Ordinance 5, 1999. 3. Staff does not support the loss of the pedestrian plaza and pathway on the north side of the lake, especially in light of the City's efforts in promoting pedestrian friendly environments throughout the City. INITIAL STAFF RECOMMENDATION: Staff recommends approval of petition PUD -99 -11 with the following conditions: 1. All of the previous conditions of approval in Ordinance 5, 1999 shall be carried over with the approval of this petition. 2. The association governing the project shall own all perimeter PUD buffers. This association shall be responsible for the maintenance of the wall and landscaping as one buffer area. 3. Prior to a public hearing by City Council, the applicant shall revise the plans to include a pedestrian plaza and pathway on the north side of the lake. 4. Prior to the issuance of the first building permit, the applicant shall submit $2,066 for monies in lieu of parkland, in addition to those monies stated in condition #8 in Ordinance 5, 1999. 5. The applicant, its 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. Waivers ♦Staff recommends denial of the requested waiver for the second ground sign because the site does not have enough public road right -of -way frontage, and the two proposed ground signs are extremely close to each other. 7 ampl39 City Council Meeting Date: February 17, 2000 Date Prepared: February 2, 2000 Petition PUD -99 -11 *Based on the applicant's justifications for the remaining requested waivers (see letters dated December 3, 1999 and December 22, 1999), Staff recommends that these be approved (including the waivers for an 8 -foot wall, no curbing to protect landscaping, specialty pavers, and the setback waivers). *Staff also recommends the continuance of the waiver granted with the previous petition (Ordinance 5, 1999), waiving the requirement of a 15 -foot landscape buffer around the south and west boundaries of the site to permit a 5 -foot buffer (for common maintenance). PLANNING & ZONING COMMISSION: The Planning and Zoning Commission reviewed this petition as a workshop at their December 14, 1999 and voiced no major concerns over this petition. The Commission agreed to schedule the project for a public hearing. The Planning and Zoning Commission reviewed this petition at a public hearing during their January 11, 2000 meeting. The Commission unanimously recommended approval of the petition with conditions #1, #4, and #5 recommended by Staff on the previous page. The Commission recommended that condition #3 be reworded to state that the Homeowners Association documents shall state that the HOA shall be responsible for maintaining open /common space and all landscape easements and buffers on private property; a condition should also be added requiring the applicant to receive written approval of the HOA documents from the City's legal counsel, prior to the issuance of the final building permit. The Commission also felt that the pedestrian plaza and pathway on the north side of the lake was not needed, and therefore condition #4 should be removed. Both Staff and the Commission agreed that if the applicant provided a letter from the Palm Beach County School District stating that they did not have to provide a bus shelter or bus stop pull -off, then condition #6 would no longer be required. Finally, the Commission recommended approval of all the requested waivers, including the waiver for two ground signs (which they felt would aid in directing people to the development). 0 pum l City Council Meeting Date: February 17, 2000 Date Prepared: February 2, 2000 Petition PUD-99-11 ............. 1j,54141 EXISTING USE ZONING LAND USE Subject Property Residential-Med. (RM) Residential-Med. (RM) Marina Gardens & Residential-High (RH) & Townhomes with a Planned Unit Residential-High (RH) Development (PUD) Overlay North Residential- Urban Single Family Homes & Single Family Residential-2 & 3 Prosperity Bay Village, (RS) (UR-2 & UR-3) in Unincorporated Palm Beach County South General Commercial Commercial Soverel Boat (CG-1) (C) Yard & Marina East Industrial Industrial Seminole Boatyard (IL) (IND) in Unincorporated Palm Beach County East General Commercial Commercial Seminole Boatyard (CG-1) (C) in City of P.B.G. West General Commercial Commercial The Harbour Shoppes (CG-1) (C) 1j,54141 City Council Meeting Date: February 17, 2000 Date Prepared: February 2, 2000 Petition PUD -99 -11 ':i�'R^ � 'X.1*�' •C E }v .Ai �e:. i- F.m'a + nrv'.:xSv3 ..Lv i .i .PY kx . a.' 4k' ..'"'. :Y...i .... i 14 2':v ..'v::T v ERIN, .win 3d 4±i'"�I Proposed Plan Code Requirement Consistent? Residential - Planned Unit Development Townhomes (PUD) - Residential Medium Yes & High (RM & RH) 26.5% Maximum Building Lot Coverage for RH: 35% Yes Building Height: Max. Building Height: 41.0 feet RH = 45 feet Yes Front Setbacks: Min. Front Setbacks: 20 feet RH = 40 feet No (waiver)* Side Setbacks: Min. Side Setbacks: 0 feet RH = 30 feet No (waiver) Side (facing street) Min. Side (facing street) Setbacks: 0 feet Setbacks: No (waiver) RH = 30 feet Rear Setbacks: Min. Rear Setbacks: 10 feet RH = 30 feet No (waiver)* "previously approved as deviation, but not included in Ordinance 5, 1999 g /short: pud9911.cc2.doc /jl 10 42 February 2, 2000 ORDINANCE 5, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE APPLICATION OF MUTUAL LAND DEVELOPMENT COMPANY FOR AN AMENDMENT AND EXPANSION OF A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT BY REZONING 0.33 ACRES OF LAND LOCATED APPROXIMATELY 500 FEET TO THE EAST OF THE INTERSECTION OF PROSPERITY FARMS ROAD AND IDLEWILD ROAD MORE PARTICULARLY DESCRIBED HEREIN TO RESIDENTIAL — MEDIUM DENSITY (RM) WITH A PLANNED UNIT DEVELOPMENT OVERLAY AND ADDING THE 0.33 ACRES TO THE 7.26 ACRE "MARINA GARDENS" SITE SO AS TO ALLOW FOR THE CONSTRUCTION OF A TOTAL OF 65 TOWNHOME UNITS; 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 Mutual Land Development Company for approval to rezone 0.33 -acres of land located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, to Residential — Medium Density (RM) with a Planned Unit Development (PUD) overlay, and to add the 0.33 acres to the 7.26 -acre "Marina Gardens" site in order to construct a total of 65 townhomes on the 7.59 -acre site, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the original 7.26 -acre "Marina Gardens" site is currently zoned Residential — Medium Density (RM) and Residential — High Density (RH), with a Planned Unit Development (PUD) overlay; and WHEREAS, the 0.33 acres of land was formerly located within unincorporated Palm Beach County and currently has a City zoning designation of Residential — Medium Density (RM); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and 11 mov14 3 Ordinance 5, 2000 Petition PUD -99 -11 Date Prepared: February 2, 2000 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 and expansion of the planned unit development (PUD) known as "Marina Gardens "; 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. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby rezones 0.33 acres of land owned by Mutual Land Development Company located approximately 500 feet from the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Residential — Medium Density (RM) to Residential — Medium Density (RM) with a Planned Unit Development (PUD) overlay. SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves the amendment to the previously approved 7.26 -acre "Marina Gardens" site, reducing the number of units on the site from 63 to 62, and combining the 7.26 -acres with the aforementioned 0.33 acres of land in order to construct three additional units for a total of 65 townhomes on the 7.59 -acre site. The amended and expanded PUD will continue to be known as "Marina Gardens." SECTION 3. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors or assigns: 1. All of the previous conditions of approval in Ordinance 5, 1999 shall be carried over with the approval of this petition. 2. The HOA shall maintain all open /common space and all landscape easements and buffers on private property. 3. Prior to the issuance of the final building permit, the applicant shall submit (to the Planning and Zoning Division Staff), the 12 ��1�144 Ordinance 5, 2000 Petition PUD -99 -11 Date Prepared: February 2, 2000 written approval of the HOA documents from the City's legal counsel. 4. Prior to the issuance of the first building permit, the applicant shall submit $2,066 for monies in lieu of parkland, in addition to those monies stated in condition #8 in Ordinance 5, 1999. 5. The applicant, its 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. 6. Within 30 days of granting 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. 7. The build -out date of this project is December 31, 2000, as referenced in the October 12, 1999 traffic impact analysis. SECTION 4. The following waivers are hereby granted with this approval: 1. Maximum number of ground signs — Section 110 -36(a) which allows only one ground sign for sites with public road right -of- way frontage between 300 and 999 feet, to allow for two (2) ground signs for a site with 436 feet of public road right -of -way frontage. 2. 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 (as shown on sheet SP -1). 3. Minimum front setback — Section 118- 202(g)(1) which requires a minimum front setback of 40 feet on the site, to allow for a 20 -foot front setback (as shown on sheet SP -1). 4. Minimum side setback — Section 118- 202(g)(2) which requires a minimum side setback of 30 feet on the site, to allow for a zero -foot side setback (as shown on sheet SP -1). 5. Minimum side setback facing a street — Section 118- 202(g)(3) which requires a minimum side setback of 30 feet for structures facing a street, to allow for a zero -foot side (facing street) setback (as shown on sheet SP -1). 6. Minimum rear setback — Section 118- 202(g)(4) that requires a minimum rear setback of 30 feet on the site, to allow for a 10- foot rear setback (as shown on sheet SP -1). 13 ufix 1 Ordinance 5, 2000 Petition PUD -99 -11 Date Prepared: February 2, 2000 7. The use of curbing to protect landscaping — Section 98 -68(c) which requires that curbing be used to protect landscaping on a site, to allow for landscaping that is not protected by curbing. 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 (as shown on sheet SP- 1). SECTION 5. 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. January 14, 2000 Site Plan, Urban Design Studio, Sheet SP -1 (1 sheet total). 2. January 18, 2000 Tree Relocation Plan, Urban Design Studio, Sheet L -1 (1 sheet total). 3. January 18, 2000 Landscape Plan, Urban Design Studio, Sheet L -2 (1 sheet total). 4. April 29, 1999 Landscape Detail Plans, Urban Design Studio, Sheet L -3 (1 sheet total). 5. April 29, 1999 Detail Buffer Segments, Urban Design Studio, Sheet L -4 (1 sheet total). 6. January 18, 2000 Landscape Detail Plans, Urban Design Studio, Sheet L-4 (1 sheet total). 7. December 22, 1999 Entry Feature Details, Urban Design Studio, Sheet L5 (1 sheet total). 8. December 22, 1999 Entry Feature Details, Urban Design Studio, Sheet L6 (1 sheet total). 9. December 17, 1999 Landscape Plan, Urban Design Studio, Sheet LS (1 sheet total). 10. December 17, 1999 Landscape Plan, Urban Design Studio, Sheet LS2 (1 sheet total). 11. December 9, 1999 Landscape Plan, Urban Design Studio, Sheet LS3 (1 sheet total). 12. December 17, 1999 Landscape Plan, Urban Design Studio, Sheet LS4 (1 sheet total). 13. December 17, 1999 R.O.W. Landscape Plan, Urban Design Studio, Sheet LS -3 (1 sheet total). 14 8916146 Ordinance 5,2000 Petition PUD -99 -11 Date Prepared: February 2, 2000 14. December 9, 1999 R.O.W. Landscape Plan, Urban Design Studio, Sheet LS-4 (1 sheet total). 15. July 23, 1999 Plant Detail Sheet, Urban Design Studio, Sheet LS -5 (1 sheet total). 16. June 10, 1999 Plant Detail Sheet, Urban Design Studio, Sheet LS -6 (1 sheet total). 17. December 22, 1999 Hardscape Details, Urban Design Studio, Sheet HD1 (1 sheet total). 18. January 18, 2000 Wall Elevations, Quincy Johnson Associates, Sheet A -1 (1 sheet total). 19. September 30, 1999 Photometric Plan, Lighting Dynamics, Inc., (1 sheet total). 20. October 12, 1999 Traffic Impact Analysis prepared for Max Fricker, prepared by Pinder Troutman Consulting, Inc. Supportinq Documents: 1. May 6, 1999 Civil Site Improvements Plan Cover Sheet, EnviroDesign Associates, Inc., (1 sheet total). 2. April 29, 1999 Paving and Drainage Plan, EnviroDesign Associates, Inc., Sheet 1 of 7 (1 sheet total). 3. April 29, 1999 Water & Wastewater Plan, EnviroDesign Associates, Inc., Sheet 2 of 7 (1 sheet total). 4. April 29, 1999 Paving and Drainage Details, EnviroDesign Associates, Inc., Sheet 3 of 7 (1 sheet total). 5. April 29, 1999 Potable Water Standard Details, EnviroDesign Associates, Inc., Sheet 4 of 7 (1 sheet total). 6. April 29, 1999 Potable Water Standard Details, EnviroDesign Associates, Inc., Sheet 5 of 7 (1 sheet total). 7. April 29, 1999 Wastewater Standard Details, EnviroDesign Associates, Inc., Sheet 6 of 7 (1 sheet total). 8. April 29, 1999 Wastewater Profiles, EnviroDesign Associates, Inc., Sheet 7 of 7 (1 sheet total). 9. November 5, 1998 Boundary Survey for Mutual Land Development Corporation, Wallace Surveying Corporation, Sheets 1 of 2 and 2 of 2 (2 sheets total). SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. 15 snow l 47 Ordinance 5, 2000 Petition PUD -99 -11 Date Prepared: February 2, 2000 SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 200 . PLACED ON SECOND READING THIS DAY OF 200. PASSED AND ADOPTED THIS DAY OF 200 . MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: LINDA V. KOSIER, CMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY 16 W®111111 48 VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO g /short:pud9911.or2.doc /jl Ordinance 5, 2000 Petition PUD -99 -11 Date Prepared: February 2, 2000 AYE NAY ABSENT 17 009149 Ordinance 5, 2000 Petition PUD -99 -11 Date Prepared: February 2, 2000 EXHIBIT "A" A parcel of la-11d in the Northeast Quarter of Section 5, Towrlehip 42 South, Range 43 94aL, RUM BRA(I11 (Jounl; , Florlda, more Partlerllarly described an follows: Prom t•I1e Not•L1101113L eCrner of oE11<i SHetloll 5, run Lbonce South 02 401'47" Went oil the East line of cold Ser.t•Son 5, a diet:anco of 1644.67, feet; thenre run North 88931'05" West, a distance of 1G28.9t1 feet; thence run South 01 °30'54" West, a dlotanco of 100.65 feel: to the Voil1L of Beginning of the pareel hereln deeerihed; thence oontlrn.le South 01130'64" West, a dlst'ance of 90 feat: thence run North 80'29"00" West„ a dist(ulce of 175.0 feet; thence ruti North 01 °30'54•' East, a diatallco of 90 feet; thence 1•un South 88'29'06" East, a distalloe of 175,0 feet to the Point of Beginning. Subject to Enaoment for tlt•llitice over• the Eaat 6 foot end Lho North (3 feat Lhoveof, and easement for road rl.ght-of -way purposes over the following described ot,rl.i• of I641d: 13et11»nin8 at the Ilort.hweat corner of the itlwve parcel; thence rim South 88'20'06" East, a dl(Aanco of 30 feot; t-horlce run South 01 °30'54" 41est, a dietancn of 70.0 feet to a point on a ourvo, concave to the Southwest and having a radius of 50 feel; thence run 6outheaaterly cur the arc. of said curve, a distance of 25.79 foot; t•henee rttn North H8 "29'00" West•, a, d10tAnce of 45.83 feet; thence run North 01"30'54 - EASt, a dlatknon of 00 feet to the vu.1nL of f1eR1n111.11R. ru MMF1 1 5 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF HIGH FIELD LTD. FOR REZONING OF 7.26 -ACRES OF LAND LOCATED APPROXIMATELY 500 FEET TO THE EAST OF THE INTERSECTION OF PROSPERITY FARMS ROAD AND IDLE WILD ROAD, ON THE SOUTH SIDE OF IDLEWILD ROAD TO A PLANNED UNIT DEVELOPMENT - RESIDENTIAL, IN ORDER TO CONSTRUCT 63 TOWNHOMES; PROVIDING FOR A WAIVER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from High Field Ltd. for approval for rezoning of 7.26 acres of land located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road to a Planned Unit Development - Residential (PUD/R) as more particularly described in Exhibit "A" attached hereto; WHEREAS, the 4.36 acres of the site that was formerly located within unincorporated Palm Beach County currently has a County zoning designation of Residential- Single Family (RS), and the remaining 2.9 acres has a City zoning designation of General Commercial (CG -1); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; WHEREAS, the City approved Ordinance 48, 1997 allowing for the annexation to the City of an area of 4.36 acres of real property known as "Soverel North"; WHEREAS, the City approved Resolution 65, 1998 allowing the applicant to concurrently process a comprehensive plan amendment and an application for a planned unit development order; WHEREAS, the City approved Ordinance 4, 1998 approving a comprehensive plan amendment, changing the property from a Palm Beach County Land Use Designation of Urban Residential 3 and a City Land Use Designation of Commercial ( C ), to City Land Use Designations of Residential High (RH) and Residential Medium (RM); WHEREAS, the City's Growth Management Department has recommended approval of "Marina Gardens"; and RININ 151 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. 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 the application of High Field Ltd. for a PUD/RM & RH of 7.26 acres located approximately 500 feet to the east of the intersection of Prosperity Farms Road and.Idlewild Road, on the south side of Idlewild Road, as more particularly described in Exhibit "A" attached hereto; from Urban Residential 3 and Commercial, to Planned Unit Development / Residential - Medium & Residential -High, in order to construct 63 townhomes to be known as Marina Gardens. SECTION 2. The following waiver is hereby granted with this approval: A waiver of Section 118- 279(h)(1)a requesting that the required 15 foot landscape buffer around the south and west boundaries of the site, be reduced to 5 feet in width (for common maintenance). SECTION 3. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: 1. Prior to the first issuance of a certificate of occupancy, the applicant shall complete the construction of a sidewalk on side of Idlewild Road, from the intersection of Idlewild Road and Prosperity Farms Road to the entrance of the proposed project. (City Engineer) 2. Prior to issuance of the first building permit, the applicant shall provide approved permits from Palm Beach County for all improvements to Idlewild Road (i.e. drainage, roadway, curb & gutter, etc.) required by Palm Beach County. (City Engineer) 3. Prior to issuance of the first building permit, the applicant shall replat the subject property and demonstrate the abandonment of the existing easements. (City Engineer) 4. Prior to construction plan approval, the applicant shall submit certified structural drawings and calculations for the proposed walls, bulkheads, and fountain design. (City Engineer) 5. Prior to construction plan approval, the applicant shall provide a letter of authorization from the utility owners allowing the applicant to landscape and pave within the utility easements. (City Engineer) 7 088152 6. No screen enclosures shall be permitted for the townhomes. (Planning & Zoning Division, Code Enforcement) 7. The plat shall include a 15 -foot wide landscape easement for common maintenance along the east boundary of the site, and a five -foot landscape easement for common maintenance along the south and western boundaries of the project. (Planning & Zoning Division) 8. The monies in lieu of recreation land dedication due total $65,083 and are required to be payed prior to the issuance of the first Building Permit. This sum shall serve as the project's recreation impact fees. (Building) 9. The gate system used or ingress /egress to the site, shall be open during special events, where traffic into and out of the site is significantly increased. (Code Enforcement) 10. Within sixty (60) days of the effective date of this ordinance, the applicant, and its successor and/or assigns shall submit a detailed landscape and sidewalk plan for Idlewild Drive that has been approved by Palm Beach County. (Planning & Zoning Division) 11. Prior to the first issuance of a Certificate of Occupancy, the County approved landscaping and sidewalk for Idlewild Drive shall be completed. Perpetual maintenance of said landscaping and sidewalk shall be maintained by the applicant, and its successors and/or assigns. (Planning & Zoning Division) 12. Prior to the first issuance of a Building Permit, the northerly perimeter wall or a comparable construction barricade acceptable to the City, adjacent to Idlewild Drive, shall be completed. (Planning & Zoning Division) 13. When the water and sewer utility lines are installed for the project, the lines shall include "stub- outs" to the adjacent lots. (Engineering) 14. The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (Planning & Zoning Division) 15. The applicant, and its successors and/or assigns shall notify all future townhome owners of adjacent existing uses in writing prior to the purchase of a townhome, by stating in the sales contract that the property immediately to the north of the site (single family residential), and the property to the northeast of the site (the Seminole Boatyard), are properties that have not been incorporated into the City of Palm Beach Gardens. The notification shall further state that these properties are under the jurisdiction of Palm 3 WRIM1 ,53 Beach County. Prior to issuance of the first building permit, said contract shall be submitted to the City Staff for verification. (Code Enforcement). 16. The home owners association documents shall include language stating that the garages shall be used to park vehicles, and shall not be modified for living or storage only space. Said documents shall be submitted to City Staff for verification prior to the issuance of the first building permit. (Code Enforcement) 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. February 2, 1999 Site Plan, Urban Design Studio, Sheet SP -1 (1 Sheet). 2. January 26, 1999 Landscape Plans, Urban Design Studio, Sheets L -1, L -2, L -3, and L -8 (4 sheets total). 3. December 7, 1998 Landscape Plans, Urban Design Studio, Sheets L -4, L -5, L -6, L -7, and L -9 (5 sheets total). 4. January 26, 1999 Conceptual Drainage Plan, EnviroDesign Associates, Inc., Sheet 1 of 2 (1 sheet total). 5. December 5, 1998 Conceptual Drainage Plan, EnviroDesign Associates, Inc., Sheet 2 of 2 (1 sheet total). 6. November 17, 1998 Elevations, Quincy Johnson Associates, Inc., Sheets A -1 and A -2 (2 sheets total). 7. November 18, 1998 Elevations, Roof Plans, and Floor Plans, Quincy Johnson Associates, Inc., Sheets A -3 through A -16 (14 sheets total). 8. December 31, 1998 Photometric Plan, (1 sheet total). 9. September 4, 1997 Topographic Survey, Wallace Surveying Corporation, (1 sheet total). 10. May 29, 1997 Boundary Survey, Wallace Surveying Corporation, (2 sheets total). n *R }15, SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS P/ DAY OF , 1999. U �Q 0 _ PLACED ON SECOND READING THIS _- DAY OF 3�� _ , 1999. 40 PASZDD T THIS DAY OF , 1999 �fti - RUSSO COUNCIL CARL SABATELLO MAYOR LAUREN FURTADO ATTEST: LINDA V. SIER, CCjMC, CIT CLERK J VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK :p,d9806.o 6 b( =MA N ERIC J 1 L ��` COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL F_ ORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT N009 1 5 5 Exhibit "A" OESCR(orm: Oekn a oa(ra(6(tc(td ate Kocthectt Ou:c(e<(KE :q a(SeWoa S. Tow(tztt q 42 Soudt, Rantge 43 East Palen Ocac(tCoua(y, f'(ontda, antd bektl aw(e pa(Gadu(Y dCC0*ed at (ofaw -c: Camm<aca a(ata poky a(P.G -A. 8ou(ra<d (a(u known es S(z(e Road 74(, at tale( Nocatedy ((q(Y-CK- Ncy kcK k thowa oa INC Pekct Beach CO(A*. ffo((da GMQ1Me(kq Oedz(t<n a(gh(o( -way "ap (oc S(a(c Raad ((a. I <, uid ((gW-c(-4my (xP (c cic a cQ let Pia( Gook S. Palct 169 Ctroctgtt too. o(ttte Puofc Reoo(dt o(Pa(m Beach Covnq. 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Kocthaas(eomac 6( catd Sedtoa 6; acre tttcctce Sout(t 02' O t' <7' Wez( oa ate Eas(Sne 0( Wd Seeteon 5. a d(stactoe al 16«.62 tee( thence t(ect Kocth 68' 3 v OS Wes( a d(su(rce 0(1626.46 (net tte(tce tuft Sou(tt 1' SO" St' Watt a d(tta(toa of teO.tiS (ee(t0 ttta POINT OF 8C- GtK(d(NG a( ate pa(et(tiaekt detcdbed: fltectce xon(ktuc SouKt t' SO SC Wet(a d(s(a(tce 0( 40 (net Ctcaoe axt t(oatt 68' 29'06' Wes(a dzuMe al 175.0 feet lttentce yea Karat t' 3O' SC Ca%( a dUtance 0(40 (eel: Cte(toe cunt South 68' 29'06' Ecd a dsu(tce 0(17S.0 (ce(to ttte POINT OF 8EG(KN(e(G. Su6jcct t0 easement( (a( 4(.4((et arec ate Eas(6 (ee(tctd ate Kacttt 6 feet ttxdeo(. and easement( (o( toad ((g(t(4(�wiy pcecpgsez 0red ate (eQow: W QesecWed ttttp x( und- CC 91 at ate Kocttttvcs( coact 0( ate above padee(: atemc ((ect South eel 29" O6' East a ds(anee 0(30 feet atectoe M so(M t' 30' S <' Weft a af(suctce 0( 7O- eee( to a POW Ga a aecve, 000Ca- to atC Go(ratwes( and hz+etcW a cad(us 0( 60 ice(: Cteace Iva Soucheas(edy oa Ctta a(G a( taed cucvc a dsu(ot aa(2S.t4 (eet Cte(t0e M Korth 66' 29 OG' Wes( e atistactoe a( <5 63 feet: Ittectoa yea Kocct t' 3O 54' Eat(a 6citantct c{ 134 (Cc( to ate POINT OF 8CG(KK(KG. Eft(] OF ItOIU• OESCR1CtUw KgtT« ItC1(tt(KQ: (UIGEd qK /(tC CASIf(KC Iuq((t Of •t7RCt (KC of tKtgS(�(H(yfdttttRS It0/W 1wa f((t (1(((Ctt a( IUt<K(t:t �lttF ttf� Il(tirt' tit( -Y(((a C VV CITY OF PALM BEACH GARDENS Growth Management Department /Building Division MEMORANDUM Date: January 3, 2000 l To: John Lindgren - Plann From: Jack Hanson - Building Official Subject: PUD -99 -11 - Marina Gardens Site Signage have examined the drawings and documents for the above project and in my opinion and interpretation, a variance for the signage is necessary by council under the PUD. Good planning techniques question the need for the south sign facing north as the traffic has already entered the site at the gatehouse. Is the existing south gate to be used as a primary entrance or for emergency traffic only? I will continue to monitor the project as it nears the permit issuance phase. INUM 15 7 BellSouth Telecommunications, Inc. 561439-9100 Engineering Fax 561964-3499 2021 South Military Trail Pager 561885-9220 West Palm Beach, Florida 33415 May 28, 1999 Jack Hanson, Building Official City of Palm Beach Gardens Building Department 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: MARINA GARDENS RESIDENTIAL COMMUNITY PROPOSED ON IDLEWILD ROAD IN THE CITY OF PALM BEACH GARDENS, FLORIDA UDS REF #17011.00 Dear Mr. Hanson: ® BELLSOUTH Paul S. Davis Director BellSouth finds the proposed landscape and paving would make these easements unusable. We would not be able to maintain or replace cable without excessive cost. In addition this easement would not meet the Public Service Commission criteria. Therefore the only alternative would be for the developer to provide a conduit and handhole system for BellSouth at the developer's cost. If you have any questions, please call Larry Mayemik at 561 439 -9118. Sincerely, Dire Outside Plant Engineering PSD:sl low* 1 .5 8 �C E{ V� December 3, 1999 Mr. John Lindgren City Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 RE: MARINA GARDENS LOT 8 PUD AMENDMENT RESPONSE TO DRC COMMENTS PBG REF #(PUD- 99 -11) OUR REF:# 17011.16 Dear John: ban 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 LINDGREN MEMORANDUM OF 11/24/99 1) Please revise the site plan to show the line delineating the two different land uses on the site (Residential - Medium and Residential - High). The site plan has been revised to indicate the future land use designation line. 2) Please submit all waiver requests with their justification statements, including waivers for setbacks and the wall height for the $ -foot wall section. We request a waiver to allow for the proposed % -foot wall along the eastern buffer of the site. This wall will help shield and buffer the Marina Gardens PUD from impacts from the adjacent boatyard. We also request waivers from the setback requirements outlined in Section 118 -201 for the units located in Lot 8. Identical to what was proposed and approved with the original Marina Gardens PUD, the proposed multi- family units are located on lots in a condominium fashion. The residential building proposed f 6 the Lot 8 amendment area is surrounded by commonl owned area. This is consistent with the original P py approval and continues the character of the project QtG2000 P Beach Lakes Boulevard M , ypE � r 60 he Concourse V�Iest Pa each, Florida 33409 -6582 Q�C - ON01.689. 6 561.689.0551 fax G:�CGMMONUobeQvlarine GardoaaV .AT'S�DRCR.esp.113099.wpd �. � L=5 �O�i�v ne 714.489.813• 8010159 Mr. John Lindgren Marina Gardens Lot 8 PUD Amendment DRC Response December 3, 1999 Page 2 BRUCE GREGG MEMORANDUM OF 10/21/99 1) The applicant needs to depict proposed water and sewer lines on the landscape plans. We are currently working with the Seacoast Utility Authority on the permitting of water and sewer lines with the original Marina Gardens PUD. We anticipate addressing these comments during the permit phase for the proposed Lot 8 amendment. MARK HENDRICKSON MEMORANDUM OF 10/27/99 1) Not providing curbing to protect vegetation requires a waiver from Section 98 -68 (c). This waiver was approved in the Marina Gardens PUD previously. I have no objections to the waiver continued with this petition. We request a waiver from this requirement in order to be consistent with the original PUD approval. 2) This petition opens up the entire PUD for review based on Section 98 -137. With the previous approval, PUD- 98 -06, I red - flagged a concern about project buffers being part of private lots. Landscape easements on private property, but dedicated to homeowner associations for buffer purposes, have continued to be a source of aggravation and headache for HOAs, homeowners and City staff. At best, it is difficult to enforce. Condition #7 of Ordinance 5, 1999, which approved Marina Gardens PUD, required that the plat "include a 15 -foot wide landscape easement for common maintenance along the east boundary of the site and a five -foot landscape easement for common maintenance along the south and western boundaries of the project." Per this condition, the proposed plat indicates the required landscape maintenance easements. The proposed _amendment site plan also indicates the required landscape maintenance easements. We are requesting that we continue to adhere to the above - referenced condition. ANGELA U$HER'$ MEMORANDUM OF OCTOBER 25. 1999 :� C It is anticipated that any schoolchildren who live within the Gard PUD access the bus along Idlewild Road with the children from the acen� a G' G:\COMMONVobz\M=ma Gerd=sWT81DRCReap.113099.wpd P1ANNING Ins l ZONING n5ml Q Mr. John Lindgren Marina Gardens Lot 8 PUD Amendment DRC Response December 3, 1999 Page 3 will accept the School Board's notice of annual boundary school assignments in the sales office. At the DRC meeting, staff indicated that they were recommending that a pedestrian connection north of the proposed lake needs to be included with the revised site plan. We respectfully request that this connection would receive very little use and is not needed in this seasonal community. Because of the limited, if any, use anticipated for the walkway, we are not proposing a walkway in this location. However, it should be noted that there is considerable pedestrian connections throughout the project. In addition, the lighting plan has been amended to indicate additional lighting fixtures. The additional light poles will have a reduced wattage than what was originally approved. The wattage has been reduced from 175 watts to 100 watts. We believe this is more consistent with a residential neighborhood while provide adequate and code compliant lighting levels. We hope these amended plans meet with your approval and that we can be considered for the Planning and Zoning Commission's December 14, 1999 meeting agenda. If you have any questions regarding the attached, or need additional information, please do not hesitate to contact me. Sincerely, Urban Design Studio Hank Skokows16, AICP Principal c: Max Fricker G:\CON9v1ONUobs\Merinn Gvrdws\LO1VDRCResp.113099.wpd 1CC+s pt oEC 3 X999 ptA & iNG ZONING _4 n December 22, 1999 Mr. John Lindgren City Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: MARINA GARDENS LOT 8 PUD AMENDMENT REVISION TO PROVIDE SITE SIGNAGE DETAIT,S PBG REF.:# PUD -99 -11 UDS REF.: #17011.16 Dear John, Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Pursuant to our discussion, we are submitted the site signage details for the Marina Gardens Planned Unit Development (PUD) for the your consideration with the current PUD amendment petition. The Marina Gardens PUD was approved by City Council on February 4, 1999 through the adoption of Ordinance 5, 1999. The approved site plan indicated project signage along Idlewild Road and at the project entrance from the shared access drive. The signage details attached are consistent with the City Sign Code and the approved PUD site plan. During our discussion, you questioned whether a waiver would be needed regarding the provision of two project signs. Please note that the project is adjacent to ± 1,650 linear feet of frontage on public rights -of -ways and access easements. The ± 1,200 feet of frontage on access easements to the west and south of the project is comparable to access easement/roadways which serve residential pods within a private, gated community. We, therefore, submit that waiver is not required 20(0_Ailm Beach Lakes Boulevard for the two signage locations indicated on the approved site plan. Suiie 6 0 The Concourse �,j�est !? m Beach, Florida 33409 -6582 iP961.6q 066 561.689.0551 fax GA C0NM0NUobs\MnrinaGardensUAT9\SigiTransmit122199 .wpd LCM5 & Irvine }'` A 714.489.8131 womm162 However, if a waiver is required, we request a waiver. The two sign locations, approved as part of the original PUD, provides clear identification of the location of the project and direction into the project entrance for homeowners and guests. The elimination of one of these signs would not provide the clear identification and direction. Should you have any questions regarding the signage package, please feel free to contact me, Sincerely, Urban Design Studio Henry Skokowski, Al Principal c: Max Fricker GACOMMONVoba\Mariaa GardenaUATMignTranamit 122199.wpd LCC35 LA Mww i an Mid GUS !; epljold `suep "S 4DOG13 wled Ll. suepieg eupeyy co ma w l 64 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 17, 2000 Subject/Agenda Item: Workshop /First Reading: Ordinance 8, 2000 — Golf Digest PCD Amendments. Recommendation /Motion: Staff recommends approval of Ordinance 8, 2000 Reviewed b Originating Dept.: Costs: $ 0 Council Action: &—Planning Total City Attorney _ & Zoning [ 1 Approved Division ACM �� $ 0 [ ] Approved w /conditions Current FY Other N/A [ ] Denied Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ) Other N/A Ordinance 8, 2000 Submi y: [ x ) Not Required Growth Mgt. Director Affected parties Budget Acct. #: Approved by: [ ] Notified [ ] None City Manager [ ] Not required BACKGROUND: Hank Skokowski, agent for Taylor Woodrow Communities, is requesting an amendment to the Golf Digest Planned Community District approved October, 1998. The proposal includes modifications to the master plan, amendments to the parkway cross - sections, revisions to conditions of approval, and related changes to other plans and illustrations. The proposed changes do not affect the overall dwelling unit count or mix of uses. The 2,305 -acre site is located north of PGA Blvd, west of Florida's Turnpike, east of the Loxahatchee Stough and south of Hood Road. (3, 4 &5- 42S -42E and 32,33&34-41S-42E) 1 " =- :c: . 1 offal LJf�a : 1�c.=+�� -, °+�� p�� I3` -� 2s p qti�; =� - I --- � :_. ._ c.=y'f � v � -, ■`��� � c ` c: W ` ;�' µrol`• � � :~ � �^ `d'7„yr ^��-`•9 I ; � � `� '_�_� ` �iEa°a _ � �� t i . � � w F c � I is l� 'M'`z • e Q G �6..Y,,�ar;:':� � g�s. g 5 �07tl��� , Y� � •s � ; 'R1z+' � _' . _�i o _. _ _ S y ` _•• G � C � 2 � !�' s• z�, P°'^'i'•'3,: d' < ., f,�, < .3 81 7 _ • --- o■ ' slmn 1. Otl, iWtlp! Alltl3d7iOtld a •`uc IA „� ___�� '_ •• uc <O `. • r UUZ J a Y y� �� p 04 �1� � G , �� � � e::�i � p ;o M1LSY3 a a 7 a? m i•w W T �aee eNN � •� a.<8 ='ru"� N»u � s wr -• j r' � N• .YJR ��j:�J ^ tj .- �_M__NON, � � `�i <W VO/ �`;` •B� ``' J •' ' � • yC� r a «IaY JVN � I , y _ b - W �'1rz? 2__�' III _` • I t r -- ---- --- ---0 u��,o. _ d of w ., at� a•.o I � f"` Z mq1� (■ _• _ o L� i 11VONA1 YI..�i�.M�,lj!�y /7Myly j. 16 'O1�lc ,r/ ,�— ' rts�., _�_.S:$->,oiK, •`•• is . u OJ VJV n . z r • u N nY _ - tl0 73alONKi Ln Qoh, �i a Via« d 7 - W a r f —a`. � s °� .-. a — s `•° 3 �<2 Loo., � _S i. �� LLY i 11 ltl d�� ...°.. xv r, a i t II � . 1' . •. 71 •sue E ` of I� ti / �� j 6' nr N13a Vlil3 « _ n• «L 9v Z,13 , ___ __- <`<rN s ml a 39/0lralwlAlY,fb ` - e.• '� - �`I M] N1 D.177 - \ oa'� 1 P � 7jq �• 113ro.0« 4 i 4� �' •F'�G.�, � — ��yy)) 'il tl° f N 7 d,• =1 .'! , ' � =1� �YiM 1' 3• arms 1 y 4 L N— pT �Y i — S`NfCW �vV Qi z � J N NIH _ V +c .`i it 1 A " �- '7• j /3"'I'� b ° � � :• w ,/� a�,_• roT_ RD °EN 47 N l:l� c._ N\ �W ¢ L• 1 6,Otl I s. r:lllHtl3A F• .J avrno «rn I,^ > ; • _ tl l e Sy37yyN 3MId NUrLL S.vulmo 3'iYr�.vs xp vo:c."` crio tv qp • b S _ q.: J Yip tir' ••,_ ■ cc is . a 7j Cc it as 100 N___________ 5LW11 -------------- �__________ W C) o L 0 vx I R 7, REQUEST The primary modification to the master plan is the incorporation of 27 -holes of golf, designed by golf course architect Arthur Hills, into the southwestern residential community. The 27 holes are to be private, restricted to members that will be residents of the project. All residential development parcels located in the southwestern community have been re- designed so that each lot will have frontage on either golf or water. Golf related amenities (clubhouse, fitness center, tennis and pool facility) have also been incorporated into the southwestern community. The northeastern residential community has also been re- designed to provide water frontage for all lots. Private recreation areas are also being planned for each of these areas. The surface water management plan is proposed for revision to change from the diked reservoir system to a lake system. The parkway cross - sections are being modified to locate utilities outside the road right -of -way (and within the parkway easement). Also, an additional curb is being located on the median side of the roadway pavement to allow landscape materials to be planted closer to the roadway at the time the initial improvements are constructed. The phasing of development is to generally follow a similar pattern of two phases but development is intended to occur throughout the entire project from the start. Initial site plan applications will include several residential parcels in both the southwest and northeast communities, the western PGA Blvd entrance, the sales center and gatehouse, as well as the Golf Digest Campus. All lakes and golf course holes are part of the first phase of development. COMPARISON OF APPROVED PLANS TO PROPOSED PLANS Overall the design concept of the master plan remains the same with the Golf Digest Campus and public golf course centrally located within the site, a gated residential community in the southwest area, a residential community in the northeast adjacent to the school and park sites, and a centrally located residential community adjacent to the Golf Digest Campus. The locations of the Parkways and the commercial, park, school, and golf digest maintenance parcels have all remained the same. The following is the comparison of the previously approved Master Plan and the plan currently under review for approval: O The golf courses have been designed to incorporate 27 holes of private golf into the private communities located in the southwest area of the project. O The private course has been designed to provide all lots in the southwest community with golf 3 spole 1 6 8 or water frontage. This modification will increase the value of these lots and increase the tax base of the City. O A 26.7 acre recreation area with a clubhouse, tennis and pool facilities has been added to the southwest community. O The 1.12 acre Community facility has been relocated to the area just north of the commercial parcel. O The sales center has been relocated to avoid conflicts with the entrance. O The corporate lodges proposed at the Golf Digest Campus have been removed and Club Cottage units have been added. O Golf Villas are being proposed as part of the Clubhouse parcel ( #17) located in the Southwest community. O Due to the relocation of the golf holes, the residential areas in the central area of the project have been re- designed. O The number of High- density parcels that front the Parkway have been reduced from 4 parcels to 1 parcel. O Direct access, from residential parcels to the Parkway, has been limited to one parcel. O The number of curb -cuts on the North -South Parkway have been reduced from 14 to 8 allowing for continuous Parkway landscape treatments. O Total wetland/upland/preserve areas have been increased. O Community serving open space has been increased. O Individual recreation areas for the Northeast and Central communities have been provided. O A golf maintenance facility has been added to the southwest community to provide golf maintenance for the private golf courses. O The Parkway sections have been modified to locate the utility easements outside the right -of- way and to note the locations of utilities within the right -of -way. O Minimum Parkway buffers adjacent to water management tracts have been increased in size. O The minimum and average East -West Parkway Buffer widths have been increased. O Development parcels in the Southwest community have been shifted north, further away from PGA Boulevard. 4 w1aw16 9 Site Data CONDITIONS OF APPROVAL As part of the PCD amendment application, the petitioner requests that certain conditions be modified to take into account the delays associated with the modification of the project. There are also several conditions that reference Parcels that have been renamed, and conditions that relate to site conditions that no longer exist. The developer would also like to clarify the language of Condition number 45. The following is a list which represents the Condition modifications that are being requested and/or new conditions which the petitioner and staff have agreed upon: (deletions have been noted as: strikeouts , new language is noted in: italics) Condition 94 The gatehouse, sales center and entrance features, including the Go f Club Drive 100 foot cross - section, shall undergo site plan review and consideration by the City Council, without review of the Site Plan and Appearance Review Committee. The sales center shall be limited to sales and resales of homes within the Golf Digest project. 5 nQ "1 70 APPROVED_ x ROP ®SED Residential Area 519.4 ac/ 22.5% 435.5 ac / 18.9% School Site 32.0 ac / 1.4% 32.0 ac / 1.4% Golf Digest Campus 24.5 ac / 1.1% 13.4 ac /.6% Private Clubhouse ----- - - - - -- 26.7 ac / 1.1 % Park & Recreation 31.0 ac / 1.4% 28.4 ac / 1.3% Community Facility 3.2 ac /.1% 3.1 ac /.I% Commercial Area 12.0 ac /.5% 12.0 ac /.5% Wetland/Upland/Preserve 818.65 ac / 35.5% 845.6 ac / 36.7% Golf & Misc. Open Space 541.31 ac / 23.5% 553.66 ac / 24.0% Lakes /canals /reservoirs 245.6 ac / 10.7% 267.2 ac / 11.6% Road R.O.W. 69.6 ac / 3% 79.8 ac / 3.5% R.O.W. Dedication 5.03 ac /.2% 5.03 ac /.2% Dwelling Units 2145 2145 Community Service Open Space 1332 ac / 57.8% 1525 ac / 66.1% CONDITIONS OF APPROVAL As part of the PCD amendment application, the petitioner requests that certain conditions be modified to take into account the delays associated with the modification of the project. There are also several conditions that reference Parcels that have been renamed, and conditions that relate to site conditions that no longer exist. The developer would also like to clarify the language of Condition number 45. The following is a list which represents the Condition modifications that are being requested and/or new conditions which the petitioner and staff have agreed upon: (deletions have been noted as: strikeouts , new language is noted in: italics) Condition 94 The gatehouse, sales center and entrance features, including the Go f Club Drive 100 foot cross - section, shall undergo site plan review and consideration by the City Council, without review of the Site Plan and Appearance Review Committee. The sales center shall be limited to sales and resales of homes within the Golf Digest project. 5 nQ "1 70 Condition #10 The appllizant _--I- ., :''. -A— that a portion -F+],. su sect Y:oYerty encar::he�e' bythat .,or+n r o bet+ +ho NIa A ,L„ r ;. ;an +;,,.T T�„n+ .,a +I,- o ;+ of j ....� .....�... ... ....... ,. .. ... �,.....�.y .....�.�.b .. ,. .... ... ...y D,lm Beach Gardens dated December 20 1990 a ......r.aod n-A . , 115 ,,.1/., nl,nll oA h„ the pions th° .,successors. .... .. .. s.bns bo :'er :. .., pro :'.., e earl. Condition #15 Within 9 months of the effective date of this amended development order ordinance, the applicant shall submit a PGA Boulevard right -of -way beautification plan, consistent with the PGA Boulevard Corridor Overlay and Parkway Overlay, for City Council approval. Council approval shall include requirements for the timing of the completion of said right -of -way beautification improvements, which shall occur no later than the timing of the parkway improvements as specified on the Common Area Phasing Plan. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Condition #16 Within 9 months of the effective date of this amended development order ordinance, the applicant shall submit detailed road right -of -way and parkway/buffer landscape plans for all public roads and adjacent common space areas, including pump station screening, for City Council approval. Further, landscaping /beautification plans for the North -South Parkway shall necessitate Planning and Zoning Commission review and recommendation prior to City Council consideration. These The landscape plans for public roadways shall include conceptual median landscape details for all. public a? ::'ays. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Said landscaping shall be installed consistent with the Common Area Phasing Plan. Condition #19 Within 9 months of the effective date of this amended development order ordinance, the applicant shall submit detailed PCD buffer plans for City Council approval. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the Common Area Phasing Plan. Condition #21b There shall be a minimum 15' landscape buffer along the non -water frontage of Parcels 1`T, O, P, c"', 11 and'''s A, B, and D fiontagc of where they abut the N -S Parkway. Condition #21c There -ha!! he u ......... um 1 5!andscapo buffer alongn r of "'1's fir-c of the '~ 'xV Dnrkv;a . nh....1.1 the , .,f +ho ­­1 ho n +hnr tl,n, n Ylo m;l,r 10 +nnh� 1 ho Condition 921d There sha! be a 1 c' ! andscape buffer along the sales center's f o.,+.,,,o of 6 OMN I.7 Condition #21f A my .ded ! .s .ef!ectIng the °'.^ ^tior. ^f th° ,?' -A--ay ar.d K' �ide..all� °hµ.'l h° „b,,,,;ff °d '41,;- 00 dn „f +11e Dl, , Mn- . „a th° f; �'e""°. ^.tS .. .,.... ..... an ....,...b . .... .. .....::b ., —.1-.. Condition #23 Preserves and buffers shall be unencumbered by maintenance, utility, or drainage easements. As e. ^.dic'.xla.. ....ant crc�-;n ^., - of •``, .,.,...b ° Vegetation, except as otherwise approved in the cross - sections or as may be permitted in certain locations subject to Department approval. Condition #24 Within twelve months of the effective date of this amended development order ordinance, the applicant shall submit a project signage program for City Council approval. The bclf cu^:Y�. —b —be - the .�ctcr^ nr_n YY.., ..,.. prior to the t.: -°.,. sign age program, ., ... be .,...... �.,:::t,^. � . sect to further .. .. .. ..'"" -- Condition #25 All utilities shall be placed underground and, where feasible, within public rights -of -way. Other l.ccat:cns may be approved, 5 De .,,tinc..t h,,f rcann Condition #28 The applicant and/or its successors or assigns shall be responsible to construct a 9100 s.f. fire /police station pursuant to City design requirements on the parcel illustrated on the master plan; upon completion and issuance of certificate of occupancy it shall be dedicated to the City (fully operational with all utilities). Such dedication shall occur prior to issuance of the first certificate of occupancy, excluding the sales center, and a golf maintenance shed, and/or opening of a golf course, whichever occurs first. Condition #29 The applicant shall be responsible for park and recreation impact fees in the following manner: The applicant and/or its successors or assigns shall construct a 15 -acre park (on the parcel illustrated on the master plan with the following improvements, subject to City design standards, and shall dedicate said improved park to the City prior to issuance of the 500 "' residential'cui'.di::b permit Certificate of Occupancy: 7 "'" 17 2 • a half mile -long jogging trail with vitae course along the perimeter of the site with pedestrian level lighting. • 1 lighted soccer multi -use (100 x 70) field • I lighted softball field • 6 fenced/lighted regulation sand volleyball courts • 1 1,600 s.f. play structure with safety surface • 2 pavilions and clustered picnic areas, with maintenance storage capabilities and public restrooms at one pavilion • 4 tennis basketball courts • a lighting system to illuminate the four (4) tennis basketball courts • 90 space concrete parking lot (lighted) constructed in accordance with city requirements • landscaping (perimeter and interior), turf and irrigation Said park design shall be approved by the City Manager with review by the Parks and Recreation Advisory Board. Upon dedication of the 15 -acre park, $1,458,000 shall be credited against park and recreation impact fees due for the project. Park lighting design and specifications shall be approved by the City, FPL -leased lights shall not be permitted. Parkway improvements and lighting shall not be the responsibility of the City. The cost of the 1 tc u ;s courts (but not tho cost of tho !;ghti,,. s ,stcm� th,. basebal'. Fo'.o' and tho cost of an additional proposed running track, if required by the School District, will be the responsibility of the School District. anclIc. ! ;ca :t in''H ,. of -4 1- a °pion °ai�� A-11 b° ;,, °n. The applicant and/or its successors or assigns shall also provide the City with a cash payment in lieu of improved recreation land equivalent to the 14.5 acres due pursuant to Section 114 -421 of the City's Codes. These monies shall be due prior to issuance of the 1,000 "' residential bui'.ai ^b °rmi* Certificate of Occupancy and shall be paid to the City in a total lump sum of $1,409,400. This amount shall be credited against park and recreation impact fees due for the project. __4 -70 Condition 930 The applicant and its successors and/or assigns shall provide the School District of Palm Beach County with a warranty deed for the 32 -acre school site by Janaan; 31, 2000 August 31, 2000. The developer shall plat and dedicate the school site to the Palm Beach County School District prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance. ...(Conditions a through j to remain as written)... The `�` 1:.,.u.t -- h--!. ,,vide the ccl:oel n ;e+ —t '; a YY Y` 1 1000. C, n'cy shall reflect the „a , and ±^ h; a1 ;to —4 th- sur ey -.h.,ll meet 1\ f;., .,, To,.hu ; --al Ct.,.,.-1 —A-F - TR --A .—, Q--­ ,—xi--- in F.A.C.21HH.6. The applicant shall provide the School District with an Environmental Assessment Statement, which describes the environmental conditions of the property including Wellfield Protection Zones by Januar- 15, 2000. July 15, 2000. Condition #34c To guarantee plans preparation and construction of the four lane PGA Boulevard improvement, the applicant may request that the existing surety with the City be released after replacement surety is provided to Palm Beach County which is in a form acceptable to the City and which appropriately retains the City's interest in said surety which shall be pro .'ia'e t1.e City eptabl.e to the City, in the amount of 110 percent of the estimated cost for plans preparation and construction of the PGA Boulevard four lane improvement., :ith�n e.,� (�; n fl— l:s -r+],- of ^ *i�'e a ^ +- cf t?:is ...., t :::e.. ... . .. :t :. ..... ..... . ...,..n- n.., e.�.....:b pernI... f : +o :,,F , t. +,,, ; Jr. occurs first. Condition #35 The applicant shall dedicate the Jog Road right -of -way by nec- :rube: 3'. 1 999 July 31, 2000 or upon recordation of the first residential plat, e :clu ing the Goff C^t+, and Ccmporate Lo " hich° occurs- fiat Right -of -way landscaping shall remain the installation and maintenance responsibility of the applicant and/or its successor and assigns. Condition #45 All areas designated for maintenance of the surface water management system shall be no less than 15' wide and with graded slopes no steeper than 8:1 (horizontal: vertical) or as may be approved by the Northern Palm Beach County Improvement District. No construction of landscaping shall be permitted in the maintenance areas that will in any way restrict, impede, or otherwise limit the use of these areas for their intended purpose unless approved by NPBCID. 9 ®1107174 New Conditions: a. The existing 10 "SUA PVC reclaimed water main, located in the PGA Boulevard right -of -way, shall be relocated concurrent with the project's PGA Boulevard improvements. The location of the main shall be coordinated with the City Forester, prior to final approval of the construction plans, to avoid conflicts, where possible, with landscaping. b. The 200 foot rotary section geometry, striping and signage shall be approved by the City Engineer during construction plan review. C. Compliance with Palm Beach County Traffic Performance Standards is contingent upon restricting membership to the private golf course(s) to residents of the development. Modification to the private status of the golf course(s) shall require a Development Order modification and shall require the review and approval of the Palm Beach County Traffic Division. d. An annual report shall be submitted January second of each year, until the project has reached buildout, to the Growth Management Department which describes the project's current status and compares its progress with the provisions of the development order. Without the benefit of a staff report from South Florida Water Management District which contains their permit requirements and conditions of approval, the City Engineer has drafted preliminary modifications or new conditions: Condition No. 9: Delete the current language and replace it with the following: - -- At a minimum, the developer shall contract with Seacoast Utility Authority (SUA) for enough reclaimed water to irrigate the golf courses and landscaped areas designated for the PGA corridor. The storage and distribution of the reclaimed water shall be consistent with a surface water management system approved by South Florida Water Management District (SFWMD) and the City. Condition No. 41: Delete the current language and replace it with the following: - -- Within 10 days of the effective date of the amended Development Order, the applicant shall reactivate and diligently process its application to SFWMD (SFWMD #990129 -8) for a water use permit to withdraw, via pump, 10.4 MGD Maximum Daily Flow (MDF) from 10 080175 the C -18 Canal /Loxahatchee Slough into the project lakes. This application shall be coordinated with the water use permit application filed by SUA (SFWMD #981207 -10) to increase the allocation for the Hood Road Wellfield from 10.4 MGD Average Annual Daily Flow (AADF) up to 13.8 MGD AADF. Condition No. 42: Add the following language: - -- If, at any time during project development it is determined by the City that any of the surrounding areas are experiencing negative impacts, it shall be the developers responsibility to cure said impacts in a period of time and in a manner acceptable to the City. Condition No. 43: Delete the current language and replace it with the following: - -- Until such time as a water use permit for a minimum rate of 7.0 MGD MDF, or such lessor amount agreed to by the applicant, SFWMD, City Engineer and SUA, is issued to the Applicant by SFWMD to provide water from the C- 18 /Loxahatchee Slough (the "Water Use Permit ") to the project, the existing east /west canal or a City approved equivalent alternate gravity conveyance (the "Gravity System "), shall remain in service as a recharge facility to SUA's Hood Road wellfield. Condition No. 47: Delete the current language and replace it with the following: - -- Prior to issuance of building permits for construction of residential homes, golf club facilities and /or commercial areas, a contract shall be let and a notice to proceed shall be issued by the applicant for construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily delayed or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the Surface Water Management System has been completed, certified by the engineer of record, and determined acceptable by the City Engineer, Northern Palm Beach County Improvement District (NPBCID), and SFWMD. Condition No. 49: Delete the current language and replace it with the following: - -- The applicant shall incorporate into the SFWMD ERP modification currently pending at SFWMD and obtain the approval for the option of constructing such water control 11 NOW176 structures, piping, and other appurtenances to isolate the lakes east of Preserve "D" and have the ability to direct all recharge water (re -use water, excess water from lower basin and permitted C -18 water) into those lakes to provide a recharge barrier for the protection of wetlands in Preserve "D" (the "Isolated Lake Plan "). If necessary and beneficial, as determined by the City, the Applicant shall implement the Isolated Lake Plan when directed by the City Engineer. Condition No. 50: The water management system shall be designed to accommodate and accept a minimum of 9.7 cfs of discharge from the Turnpike discharges into the Golf Digest project until such time as an alternative discharge route is available outside the project (to be provided by others) or a discharge is not necessary as determined by the City Engineer, and subject to Condition No. 42. Additionally, the conveyance system will gate off flows into the Turnpike ditches when water levels exceed flood stages as set forth in an operational schedule to be formulated by the City, SUA and NPBCID and as permitted by SFWMD. The gated structure will then be operated by NPBCID based on such operational schedule. Condition No. 51: The water management system shall continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems and flood routing in order to establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City. CONCERNS/ISSUES O Due to the reconfiguration of the golf courses, Golf Digest now has less of a presence in the project. It was this major golf entity and its reputation that made the project attractive from the start. Council's concern for the quality of the golf operation is evidenced in Condition #62. Staff will be seeking a policy determination from the City Council has to whether the developer is in compliance with the provisions of the condition with the redesigned project. O The parkway cross - sections are still `averaged' to achieve a width consistent with the comprehensive plan requirement of 300'. Now, more water is used within the North -South Parkway to achieve the adequate (averaged) width. The City's parkway system has been recognized as an urban component of the Florida Greenways System. As this label suggests, the intent was to create linear greenways within the City versus waterways. O The re- configuration of the pods renews staff's concerns about the length of the roads without adequate turnarounds for public safety and utility vehicles. Condition #7 limits the length of roads 12 ONE TZ to 1500 feet, consistent with general subdivision regulations. O At a February, 1999 City Council meeting, the Council directed staff to instruct the'petitioner to modify plans so that PGA Boulevard could be shifted in a northerly direction away from the existing PGA National residences. The petitioner has refused to shift the right -of -way, but has worked with FDOT to shift the four -lane cross - section within the right -of -way. The short-term result is a 4 -lane cross - section located within the northerly portion of the right -of -way. However, the 2020 Plan identifies the need for a six -lane arterial to Ryder Cup Boulevard. The petitioner's proposal will not resolve the long -term issue of potential negative impacts to the PGA National residents due to the arterial. O Staff notes that improvements will need to be provided consistent with the Common Area Phasing Plan which will necessitate the submittal of landscape plans in the near future, however, we will agree to the time extension provided by the modified language in the conditions of approval. O The Golf Digest application for a PCD Plan Amendment is also accompanied by a proposal to change the approved surface water management system. Because the proposed changes are substantial, there has been a major effort on the part of the applicant, South Florida Water Management District ( SFWMD), Seacoast Utility Authority (SUA), and the City at working through very complex technical issues in seeking acceptable solutions for all affected parties. Northern Palm Beach County Improvement District (NPBCID) has not been as active in the "process" to date; however they are keenly aware of the issues and City representatives are in constant communication with their staff. The structure of a development order for this project regarding surface water management is probably the most significant resource decision confronting the City since its existence. As of the time for writing this report, SFWMD has not issued their staff report for an approved modification to the existing environmental resource permit (ERP). Further, not all technical issues with the City, SUA, and the applicant have been satisfactorily brought to a conclusion. Accordingly, staff can only offer a "status" report of issues and positions that are actively being pursued by all affected parties with the intent of arriving at mutually satisfactory conclusions: 1. It is a known fact by the applicant that the project is located adjacent to SUA's Hood Road wellfield and that the Level of Service (LOS) for potable water supply set forth in the City's Comprehensive Plan as well as SUA's service area will require a future wellfield withdrawal rate of 13.8 million gallons per day (mgd). The proposed surface water management system must (1) meet the City's LOS for flood control and (2) sustain a system performance during droughts that does not create any condition that would prohibit SUA from achieving the required withdrawal rates to deliver the City's LOS for potable water supply. 13 WMP17 8 Status - -- Staff is optimistic that technical information just received during the writing of this report will satisfy the conditions of this issue. The information continues to be very technical and complex; it will be reviewed as soon as possible to accommodate the tracking of this application. 2. An essential component to achieve the conditions set forth in No. 1 above, is the issuance of a permit to the applicant by SFWMD allowing the withdrawal of water from the C -18 Canal to augment water supplies necessary to sustain acceptable system performance. The applicant recognizes the necessity for obtaining the ability to withdraw water from C -18 and, in fact, the proposed water withdrawals have been included in the analysis and projected performance of the proposed surface water management system. However, the applicant has elected not to pursue this water use permit from SFWMD. Consequently, City staff and SUA staff have been confronted with the problem of analyzing and approving a surface water management system that characterizes a certain performance when one of the most significant components to the system essentially doesn't exist because it hasn't yet been permitted. Further, if the right to withdraw certain amounts of water from C -18 did not get permitted, the proposed surface water management system would technically fail and create a situation where SUA might not achieve the required wellfield withdrawals in order to sustain the City's level of service for potable water supply. Indeed, the most difficult issue during the past months has been how to resolve approving a surface water management system when all the components of the surface water management system do not exist. Status - -- Once again, through the technical creativity of all parties involved, there may be a way to hurdle this problem. 3. The fluctuation of lake levels within the proposed surface water management system varies dramatically depending upon how much water is available from C -18 during dry conditions. Based on the applicant's current proposal, lake levels can be as much as 4 feet below control elevation for extended periods of time. This is an important issue, because regardless of what disclosure goes into land sales documents, the future residents of this project are likely to find the lower water levels objectionable. If this should happen, City Council, NPBCID, and SUA will be the recipients of their objections; another Jog Road. Further, the future residents can constitute a community with the necessary interests and financial resources to seek relief from the lower water levels by taking action against SUA. This could jeopardize SUA's ability to provide potable water consistent with the City's LOS. Status - -- The projected water surface elevations for a selected 10 -year modeling period using three different scenarios for the availability of water from C-18 are currently being finalized. This issue will require a policy decision from the City and NPBCID as to what lake level fluctuations and duration are acceptable. 14 "IN" 17 4. The technology used in modeling the performance of Golf Digest surface water management system and water budget is different than the technology used in evaluating the impacts of wellfield withdrawals by SUA. Accordingly, there is a concern that the technologies are not compatible in that one technology may be predicting acceptable system performance while the other technology would demonstrate system failure. Status - -- Staff is seeking a concurrence in consistent technology from SFWMD so that the City's decision regarding this development order will be based upon the reliance that SFWMD will be accepting technologies that do not create conflicting results in the analysis of Golf Digest's ERP permit and SUA's consumptive use permit. 5. If SUA is not satisfied with the proposed system, it has the option of initiating an objection through the Florida Administrative Procedures Act. Staff suggests that the City would be in a difficult position to approve a project when the City is the largest participant in a sister agency that is filing a formal objection. Status - -- The City and SUA have worked with great creativity at steering the problems and opportunities towards a mutually acceptable solution for all parties. 6. There are numerous other issues and/or conditions that will be articulated in a proposed development order. However, none of them are so critical as to prevent the project from moving forward at this time. Staff has attempted to draft an amended development order, however the conditions are subject to change regarding this particular subject after (1) SFWMD issues their staff report and it is examined thoroughly by the City and (2) it can be determined that the surface water management system achieves complete resolution of the above issues. RECOMMENDATION Staff recommends conditional' approval of the amendments to the Golf Digest PCD master plan and development order. The ordinance has been prepared as an amended and restated development order that contains the development order in its entirety. This will assist in the monitoring and will avoid confusion in the future. ' Conditioned upon the surface water management issues being resolved to the satisfaction of the City Engineer. 15 "F" 18 0 1/23/00 2/11/00 ORDINANCE 8, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF ORDINANCE 21,1998, THE DEVELOPMENT ORDER FOR THE GOLF DIGEST PLANNED COMMUNITY DISTRICT, BY ADOPTING AN AMENDED DEVELOPMENT ORDER; PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO RECONFIGURE GOLF AND RESIDENTIAL DEVELOPMENT PARCELS; PROVIDING FOR MODIFIED CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 15, 1998, the City Council adopted Ordinance 21, 1998, which approved the rezoning of lands located between PGA Boulevard and Hood Road, west of Florida's Turnpike, known as "Golf Digest" to Planned Community District ( "PCD "); and WHEREAS, the City of Palm Beach Gardens has received an application from TWC /Golf Digest Ltd. to amend the development order for the Golf Digest; and WHEREAS, the Growth Management Department (the "Department ") has reviewed said petition and determined that is sufficient; and WHEREAS, the PCD amendment 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 the application of TWC /Golf Digest Ltd. for amendments to the approved Golf Digest Planned Community District. The development order, as amended, is herein restated and modified accordingly: A. The master plan is reconfigured to incorporate a private golf course into the southwest 16 fill aIa I Ordinance 8, 2000 Golf Digest Development Order residential community; B. The surface water management system is revised from a reservoir dike system to a lake system; C. Conditions 4, 9, 15, 16, 19, 21b, 21c, 21d, 21f, 23, 24, 25, 28, 29, 30, 34c, 35, 41, 42, 43, 45, 47, 49 as adopted by Ordinance 21, 1998 are modified herein. In addition, Condition 10 has been deleted and six new conditions, numbered 30c, 32, 50, 51, 53 and 63, have been added to the development order, conditions have been renumbered accordingly. D. Exhibits have been modified to depict A and B above, as necessary. SECTION 2. The following provisions shall apply in this ordinance: 1. For purposes of this ordinance, the term Applicant shall refer to TWC /Golf Digest Ltd. The Applicant shall be the sole party responsible for the obligations herein, unless such obligations are specifically and expressly assigned by the Applicant, in whole or in part. At such time as the master Property Owner's Association (POA) is duly formed and incorporated, the POA shall be made responsible for those obligations relating to environmental preservation, landscape maintenance, including buffer, parkway and easement areas, and other related aesthetic improvements as shall be agreed upon in the POA documents. 2. Development of this project shall be in conformity with all codes, ordinances, rules and regulations of the City as such may be amended from time to time, including, but not 17 iNDPO 18? Ordinance 8, 2000 Golf Digest Development Order limited to, the City's landscape and natural resources requirements. In the event of conflict between the provisions of this ordinance and a code, ordinance, rule or regulation of the City, the provisions of this ordinance shall prevail. SECTION 3. The following waivers are hereby granted with this approval: PCD Master Plan Submission Requirements a. Section 118- 50(2)a6 (total land area/open space) b. Section 118- 50(2)a15 (signage locations) C. Section 118- 50(2)n (landscape plan) Subsequent site plan review and approval shall be required for: 1) the location and amount of open space included in each residential and nonresidential area; 2) signage locations; 3) detailed landscape plans in compliance with Chapter 98 for buffers, entrance features and common areas; 4) elevation of landscaping /screening around pump stations; 5) cross- section/landscape plan for road to the Seacoast Utility Authority plant; 6) details on the areas between parcels; and 7) details for common areas or other sites not defined within a parcel (sales center, gatehouse, entrance features). Subdivision Design Standards d. Section 114 -213 (sidewalks) to allow sidewalks on one side only of streets. Sidewalks shall be installed consistent with the Sidewalk Location Plan. 18 fill" 83 Ordinance 8, 2000 Golf Digest Development Order Zoning Supplementary Regulations e. Section 118 -278 (height limitations) to allow a maximum potential height of 65' for the office use from the code limitation of 36'; 45' for the commercial use from the code limitation of 36'; and 50' for residential high (RE) pods from the code limitation of 45'. SECTION 4. Said Planned Community District is approved subject to the following conditions which are the obligation of the applicant and its successors and/or assigns (the conditions listed in this Section supercede and replace the conditions listed in Section 4 of Ordinance 21,1998: Project Plans and Uses 1. The height of the office use shall be subject to design and site plan review for final determination and shall be limited to no more than 60' -65' from average elevation at the base of the building to the top of the parapet. 2. Prior to the issuance of the first building permit, excluding the corporate lodges, development of commercial retail uses at the 12 -acre commercial parcel will be prohibited. The commercial retail uses allowed shall be those uses identified under the CG -1 - General Commercial District. 19 1110 P- 1 Ordinance 8, 2000 Golf Digest Development Order 3. Lots shall not include parkways, landscape easements or buffers, golf course or any other community - serving open space. 4. The gatehouse, sales center and entrance features, including the Golf Club Drive 100 -foot cross - section, shall undergo site plan review and consideration by the City Council, without review of the Site Plan and Appearance Review Committee. The sales center shall be limited to sales and resales of homes within the Golf Digest project. 5. Permitted uses within the `community facility' parcel include daycare center, church, recreation and/or community center, and municipal government uses. Retail commercial uses are specifically excluded. The uses shall be limited to a total of 10,000 s.f. and 793 total daily trips. 6. Parcel access illustrated on the master plan are conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details. Parcel accesses onto Palm Beach County roadways must also be approved by the County. 7. The length of cul -de -sacs shall not exceed 1500 feet. Public road cross - sections, to be dedicated to Palm Beach County, are conceptual in nature 20 Wow 18 5 Ordinance 8, 2000 Golf Digest Development Order and shall be subject to joint review by Palm Beach County and Palm Beach Gardens. 9. At a minimum, the developer shall contract with Seacoast Utility Authority (SUA) for enough reclaimed water to irrigate the golf courses and landscaped areas designated for the PGA corridor. The storage and distribution of the reclaimed water shall be consistent with a surface water management system approved by South Florida Water Management District (SFWMD) and the City. Environmental Preservation and Landscaping; 10. The applicant shall maintain all landscaped areas in compliance with landscape maintenance performance standards that may be established by the City Forester. 11. Prior to construction plan approval or commencement of land alteration, whichever occurs first, a preservation or relocation plan shall be submitted and approved by the Department for the numerous oak trees, dahoon holly and other native canopy species which exist throughout the property in areas slated for development, i.e., outside the proposed upland and wetland preserve areas. 12. All preserve areas, native vegetation and trees to be preserved shall be identified with protective fencing. The Department shall conduct a site visit prior to commencement of land 21 1 Ordinance 8, 2000 Golf Digest Development Order alteration or clearing to confirm that the areas identified pursuant to Chapter 102- 10(5)e and Condition # 11 are protected. 13. Lighting consistent with a future city- selected design for parkways, if and when necessary subject to photometric analysis, shall be installed along all parkway pathways /sidewalks concurrent with pathway /sidewalk installation. Lighting plans shall be submitted for City review concurrent with the submittal of beautification/landscape plans as outlined in conditions 14 and 15. 14. Within nine (9) months of the effective date of this amended development order, the applicant shall submit a PGA Boulevard right -of -way beautification plan, consistent with the PGA Boulevard Corridor Overlay and Parkway Overlay, for City Council approval. Council approval shall include requirements for the timing of the completion of said right -of -way beautification improvements, which shall occur no later than the timing of the parkway improvements as specified on the Common Area Phasing Plan. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. 15. Within nine (9) months of the effective date of this amended development order, the applicant shall submit detailed road right -of -way and parkway/buffer landscape plans for all public roads and adjacent common space areas, including pump station screening, for City Council approval. 22 ��187 Ordinance 8, 2000 Golf Digest Development Order Further, landscaping/beautification plans for the North -South Parkway shall necessitate Planning and Zoning Commission review and recommendation prior to City Council consideration. The landscape plans for public roadways shall include conceptual median landscape details. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Said landscaping shall be installed consistent with the Common Area Phasing Plan. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Said landscaping shall be installed consistent with the Common Area Phasing Plan. 16. Detailed road right -of -way landscape plans for non - public roadways shall be reviewed and approved by the Department prior to the land clearing for said road. 17. Prior to commencement of land alteration/construction of any golf courses, a conceptual landscape plan and grading plan for the entire golf area (fairways /roughs, cart path areas, etc.) to be constructed shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or relocated, and new landscaping. 18. Within nine (9) months of the effective date of this amended development order, the applicant shall submit detailed PCD buffer plans for City Council approval. The 23 ININ""18$ Ordinance 8, 2000 Golf Digest Development Order maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the Common Area Phasing Plan. 19. There shall be a minimum 25' buffer between all parcels and the adjacent collector road frontage within the western gated residential area. 20. Landscape buffer, in addition to the minimum 40' Parkway buffer /easements, shall be provided within development parcels, outside the Parkways, so that the following minimums are achieved: a. There shall be a minimum 15' landscape buffer along 50% of the commercial parcel Us frontage of the North -South Parkway. b. There shall be a minimum 15' landscape buffer along the non -water frontage of Parcels A, B and D where they abut the North -South Parkway. c. Landscape buffers within development parcels shall be a component of the plan details required by Condition 15. Said landscaping shall be installed concurrent with the adjacent parkway improvements or with the development of each individual parcel, whichever occurs first. During each parcel's site plan review, additional screening, if necessary, will be added to the 15' landscape buffer. d. The 15' landscape buffer shall be maintained by the same entity responsible for the parkway landscaping maintenance. 24 WMW189 Ordinance 8, 2000 Golf Digest Development Order e. In order to maximize the green space abutting residential parcels, the 12' pathway shall be located on the side of the North -South Parkway furthest away from residential development. 21. All internal buffer details shall be submitted and approved concurrently with the associated parcel or common area site plan. 22. Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements, except as otherwise approved in the cross - sections or as may be permitted in certain locations subject to Department approval. 23. Within twelve (12) months of the effective date of this amended development order, the applicant shall submit a project signage program for City Council approval. 24. All utilities shall be placed underground and, where feasible, within public road rights -of- way. 25. Native vegetation within the road rights -of -way shall be protected, where possible. Clearing shall not occur until road cross - sections (construction plans) are approved by the Department. In order to receive a clearing permit, the applicant and/or its successors and assigns shall 25 I� 1 9 0 Ordinance 8, 2000 Golf Digest Development Order identify for Department approval areas where existing vegetation can be preserved within the road rights -of -way. 26. Prior to burning of vegetative debris, the applicant and successors and/or assigns shall provide at least 48 hours written notice to the governing boards of the Eastpointe Homeowners Association, Old Marsh Homeowners Association and PGA National Property Owners Association. Dedications / Improvements 27. The applicant and/or its successors or assigns shall be responsible to construct a 9100 s.f. fire /police station pursuant to City design requirements on the parcel illustrated on the master plan. Upon completion and issuance of certificate of occupancy, the station shall be dedicated to the City (fully operational with all utilities). Such dedication shall occur prior to issuance of the first certificate of occupancy, excluding the sales center, and a golf maintenance shed, and/or opening of a golf course, whichever occurs first. 28. The applicant shall be responsible for park and recreation impact fees in the following manner: a. The applicant and/or its successors or assigns shall construct a 15 -acre park (on the parcel illustrated on the master plan) with the following improvements, subject to City 26 WEV 1 9 ) Ordinance 8, 2000 Golf Digest Development Order design standards, and shall dedicate said improved park to the City prior to issuance of the 500 "' residential certificate of occupancy: O a half mile -long jogging trail with vitae course along the perimeter of the site with pedestrian level lighting O 1 lighted multi -use (100 yard x 70 yard) field O 1 lighted softball field O 6 fenced/lighted regulation sand volleyball courts O 1 1,600 s.f. play structure with safety surface O 2 pavilions and clustered picnic areas, with maintenance storage capabilities and public restrooms at one pavilion O 4 basketball courts O a lighting system adequate to illuminate the four (4) basketball courts O 90 space concrete parking lot (lighted) constructed in accordance with city requirements O landscaping (perimeter and interior), turf and irrigation b. Said park design shall be approved by the City Manager with review by the Parks and Recreation Advisory Board. Upon dedication of the 15 -acre park, $1,458,000 shall be credited against park and recreation impact fees due for the project (this amount was 27 VON "I g2 Ordinance 8, 2000 Golf Digest Development Order determined by agreeing that the fair market value of the park land was $720,000 and an estimate tha the cost of construction would be $738,000). Park lighting design and specifications shall be approved by the City, FPL -leased lights shall not be permitted. Parkway improvements and lighting shall not be the responsibility of the City. The cost of an additional proposed running track, if required by the School District will be the responsibility of the School District. c. Upon issuance of this amended development order, the applicant is entitled to issuance of up to 499 residential building permits without a park and recreation impact fee payment. After the 499" residential building permit has been issued, no residential building permits shall be issued until the park improvements are complete and the park land has been dedicated to the City. d. The applicant and/or its successors or assigns shall also provide the City with a cash payment in lieu of improved recreation land equivalent to the 14.5 acres due pursuant to Section 114 -421 of the City's Codes. These monies shall be due prior to issuance of the 1,000"' residential certificate of occupancy and shall be paid to the City in a total lump sum of $1,409,400. This amount shall be credited against park and recreation impact fees due for the project. 28 w� 9 3 Ordinance 8, 2000 Golf Digest Development Order e. In no event shall the aggregate amount of the park land, park improvements and lump sum payment exceed the impact fee due. 29. The applicant and its successors and/or assigns shall provide the School District of Palm Beach County with a warranty deed for the 32 -acre school site by August 31, 2000. The developer shall plat and dedicate the school site to the Palm Beach County School District prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance. a. Applicant to provide a title policy insuring marketable title to the Palm Beach County School District. b. All ad valorem real estate taxes and assessments for the year of closing shall be pro -rated at the day of acceptance of the deed for the civic site; acceptance date to be determined by the School District Planning and Real Estate Department. c. School site shall be free and clear of all trash and debris at the time of acceptance of the warranty deed. d. The applicant shall provide perimeter landscaping around the school site including the east boundary in accordance with City requirements prior to the opening of the first school. e. The 90 -foot parkway, including the pathway, shall be designed and landscaped by the applicant in accordance with City requirements and School District's review and 29 WM PP Ordinance 8, 2000 Golf Digest Development Order completed prior to the opening of the first school. f. The site shall be a developable site free of environmental constraints. g. Applicant shall provide all retention, detention, and drainage required for any future development of the proposed school site by the School District. Applicant shall specifically address the following issues: 1. The discharge of surface water from the proposed school site into the Applicant's water retention basins. 2. Provide for easements across the Applicant's property from the proposed school site to the retention basins, if required. h. Applicant to prepare school site to buildable grade under the School DistrictUs Program Management Department supervision. i. Applicant to provide water and sewer stubbed out to the school site property line. j. Applicant to provide a 15 -foot stabilized easement to provide for secondary access to the elementary and middle schools. The Applicant shall provide the School District with an Environmental Assessment Statement, which describes the environmental conditions of the property including Wellfield Protection Zones by July 15, 2000. 30. The following conditions shall be satisfied as terms of conditional concurrency certification: 30 WPw 1 g 5 Ordinance 8, 2000 Golf Digest Development Order a. No more than 10,367 net new external daily trips shall be generated from the referenced project prior to widening Alternate A I A to a 6 -lane roadway from Hood Road to PGA Boulevard. b. No greater than 17,504 net new external daily trips shall be generated from the referenced project prior to the construction of a second eastbound left turn lane and a second westbound left turn lane at the intersection of Donald Ross Road and Alternate AIA. With regard to Hood Road and Alternate A 1 A intersection improvements: 1. No more than 10,367 net new external trips shall be generated from the referenced project until a signal warrant analysis has been performed for the intersection of Hood Road and Alternate AIA. This signal warrant analysis shall be continued on an annual basis until the signal is warranted or buildout of the referenced project, whichever occurs first. The analysis shall be submitted to and approved by the City. 2. An intersection capacity analysis shall be performed to determine the need for additional turn lanes including, but not limited to, second northbound left turn lane and second eastbound right turn lanes. 31 *MAP 19 6 Ordinance 8, 2000 Golf Digest Development Order 3. Within six (6) months of the analysis showing the signal is warranted at the intersection, a contract shall be let and a notice to proceed shall be issued for installation of a traffic signal at this intersection including all appropriate lane geometry (as determined in the above referenced intersection capacity analysis), pavement markings, signage, lighting, etc., as approved. Said installation shall be completed and fully operational within 6 months of the letting of the contract. C. Compliance with Palm Beach County Traffic Performance Standards is contingent upon restricting membership to the private golf course(s) to residents of the development. Modification to the private status of the golf course(s) shall require a Development Order modification and shall require the review and approval of the Palm Beach County Traffic Division. 31. The following shall be the required lane geometry at the project entrances. The specified improvements shall be completed concurrent with each project entrance. a. Hood Road and Project Entrance: Northbound 1 Through Lane 1 Right -Turn Lane 32 wm = 19 71 Ordinance 8, 2000 Golf Digest Development Order Southbound 1 Through Lane Westbound 1 Left -Turn Lane 1 Right -Turn Lane b. PGA Boulevard and East Project Entrance: Traffic Signal Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 2 Through Lanes Westbound 1 Left -Turn Lane 2 Through Lanes 1 Right -Turn Lane c. PGA Boulevard and West Project Entrance: Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 1 Left -Turn Lane 1 Through Lane 1 Right -Turn Lane Westbound 1 Left -Turn Lane 1 Through Lanes 1 Right -Turn Lane 33 WIN1198 Ordinance 8, 2000 Golf Digest Development Order Further, a pedestrian cross -walk crossing PGA Boulevard shall be provided at the Ryder Cup Boulevard/western project entrance. 32. The 200 -foot rotary section geometry, striping and signage shall be approved by the City Engineer during construction plan review. 33. No more than 16,733 net new external daily trips shall be generated from the referenced project until the following improvements are constructed at the intersection of Prosperity Farms Road and PGA Boulevard: Dual left turn lanes East and West Approach. 34. a. In order to comply with the mandatory Traffic Performance Standards, the applicant shall fund and/or cause commencement of the construction (let a contract and issue a notice to proceed) of PGA Boulevard as a four lane divided roadway on or before January 31, 2004 or prior to issuance of building permits which generate more than 17,276 net new external daily trips based upon the traffic impact analysis prepared by Kimley Horn, referenced as exhibit 17 in Section 4 of this ordinance, whichever occurs first. The applicant shall prepare the construction plans for the four laning of PGA Boulevard from the Avenue of the Champions to Ryder Cup Boulevard and obtain the necessary permits in a time frame to allow the road construction to commence on or before January 31, 2004 or prior to issuance of building permits 34 AV Ordinance 8, 2000 Golf Digest Development Order which generate more than 17,276 net new external daily trips, whichever occurs first. The applicant shall enter into an escrow agreement with Palm Beach County that will cause to be placed in an escrow account road impact fee monies which are due at the time of obtaining building permits for development within the project. The monies accumulated in the escrow account will be used to fund the plans preparation and construction costs of the road improvement. b. If the monies in the escrow account are insufficient to adequately fund plans preparation and/or construction costs, the applicant will advance the payment of road impact fee monies and any other monies sufficient to cover the necessary expenditures. C. To guarantee plans preparation and construction of the four lane PGA Boulevard improvement, the applicant may request that the existing surety with the City be released after replacement surety is provided to Palm Beach County which is in a form acceptable to the City and which appropriately retains the City's interest in said surety which shall be in the amount of 110 percent of the estimated cost for plans preparation and construction of the PGA Boulevard four lane improvement. 35. The applicant shall dedicate the Jog Road right -of -way by July 31, 2000 or upon recordation 35 1 ��P- 2�0 Ordinance 8, 2000 Golf Digest Development Order of the first residential plat, whichever occurs first Right -of -way landscaping shall remain the installation and maintenance responsibility of the applicant and/or its successor and assigns. 36. During the course of development, all property within the PCD shall be platted. Surface Water Management 37. No construction of any portion of the surface water management system shall be undertaken without first submitting to the City, plans, specifications, and supporting computations for review and approval by the City. 38. Once issued, any proposed changes to the South Florida Water Management District Conceptual Surface Water Management permit shall be concurrently submitted to the City for review and City approval. 39. The applicant has represented to the City and to South Florida Water Management District that the project area will be a unit of the Northern Palm Beach County Improvement District. Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, all criteria required by law to assess, operate, and maintain said unit must be confirmed in writing to the City by Northern Palm Beach County Improvement District. 36 Spw2 01 Ordinance 8, 2000 Golf Digest Development Order 40. The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a storm water Notice of Termination. 41. Within 10 days of the effective date of the amended Development Order, the applicant shall reactivate and diligently process its application to SFWMD ( SFWMD #990129 -8) for a water use permit to withdraw, via pump, 10.4 MGD Maximum Daily Flow (MDF) from the C -18 Canal /Loxahatchee Slough into the project lakes. This application shall be coordinated with the water use permit application filed by SUA ( SFWMD #981207 -10) to increase the allocation for the Hood Road Wellfield from 10.4 MGD Average Annual Daily Flow (AADF) up to 13.8 MGD AADF. 42. The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to East Pointe, Old Marsh, Hood Road, PGA Boulevard, and the Turnpike. If, at any time during project development it is determined by the City that any of the surrounding areas are experiencing negative impacts, it shall be the developers responsibility to cure said 37 111W2 0 2 Ordinance 8, 2000 Golf Digest Development Order impacts in a period of time and in a manner acceptable to the City. 43. Until such time as a water use permit for a minimum rate of 7.0 MGD MDF, or such lessor amount agreed to by the applicant, SFWMD, City Engineer and SUA, is issued to the Applicant by SFWMD to provide water from the C- I 8/Loxahatchee Slough (the "Water Use Permit ") to the project, the existing east/west canal or a City approved equivalent alternate gravity conveyance (the "Gravity System "), shall remain in service as a recharge facility to SUA's Hood Road wellfield. 44. Any temporary construction associated with phasing the proposed surface water management system improvements shall be undertaken so as not to impact native vegetation in designated buffer areas, preserve areas, and parkway areas. 45. All areas designated for maintenance of the surface water management system shall be no less than 15, wide with graded slopes no steeper than 8:1 (horizontal:vertical), or as may be approved by the Northern Palm Beach County Improvement District. No construction or landscaping shall be permitted in the maintenance areas that will in any way restrict, impede, or otherwise limit the use of these areas for their intended purpose unless approved by NPBCID. 46. Prior to the issuance of the first building permit, excluding permits for infrastructure 38 unw2 03 Ordinance 8, 2000 Golf Digest Development Order improvements, the applicant shall provide surety acceptable to the City in the amount of 110% of the estimated cost of constructing that portion of the surface water management system included in the South Florida Water Management District Conceptual Surface Water Management permit for this project. 47. Prior to issuance of building permits for construction of residential homes, golf club facilities and /or commercial areas, a contract shall be let and a notice to proceed shall be issued by the applicant for construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily delayed or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the Surface Water Management System has been completed, certified by the engineer of record, and determined acceptable by the City Engineer, Northern Palm Beach County Improvement District (NPBCID), and SFWMD. 48. No construction/land alteration shall occur until a surface water management permit, acceptable to SFWMD and the City is approved. 39 880204 Ordinance 8, 2000 Golf Digest Development Order 49. The applicant shall incorporate into the SFWMD ERP modification currently pending at SFWMD and obtain the approval for the option of constructing such water control structures, piping, and other appurtenances to isolate the lakes east of Preserve "D" and have the ability to direct all recharge water (re -use water, excess water from lower basin and permitted C -18 water) into those lakes to provide a recharge barrier for the protection of wetlands in Preserve "D" (the "Isolated Lake Plan "). If necessary and beneficial, as determined by the City, the Applicant shall implement the Isolated Lake Plan when directed by the City Engineer. 50. The water management system shall be designed to accommodate and accept a minimum of 9.7 cfs of discharge from the Turnpike discharges into the Golf Digest project until such time as an alternative discharge route is available outside the project (to be provided by others) or a discharge is not necessary as determined by the City Engineer, and subject to Condition No. 42. Additionally, the conveyance system will gate off flows into the Turnpike ditches when water levels exceed flood stages as set forth in an operational schedule to be formulated by the City, SUA and NPBCID and as permitted by SFWMD. The gated structure will then be operated by NPBCID based on such operational schedule. 51. The water management system shall continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems and flood routing in order to 40 MIPPP2 05 Ordinance 8, 2000 Golf Digest Development Order establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City. Water and Sewer 52. The applicant shall enter into a master sewer and water agreement with Seacoast Utility Authority for the entire PCD and provide a copy of said agreement to the City prior to the effective date of this Development Order. 53. The existing 10" SUA PVC reclaimed water main, located in the PGA Blvd. right -of- way, shall be relocated concurrent with the project's PGA Boulevard improvements. The location of the main shall be coordinated with the City Forester, prior to final approval of the construction plans, to avoid conflicts, where possible, with landscaping. Public Safety 54. The applicant and/or its successor and assigns shall provide on -site private security until the roadways are completed to deter construction theft. 55. Within 60 days of the effective date of this ordinance, Crime Prevention Through Environmental 41 ��� 0 Ordinance 8, 2000 Golf Digest Development Order Design (CPTED) principles shall be established in conjunction with the City's Crime Prevention Division. These design principles shall be utilized during site planning of the development parcels. 56. The applicant and/or its successor and assigns shall provide a stabilized road base, subject to City standards, for fire /emergency access to each development parcel prior to the start of construction within said parcel. Disclosure 57. Pursuant to School Board requirements, a sign shall be posted in all sales offices /model homes which provides notice of annual school boundary assignments for students of this project. This 11 "x17" notice shall be provided by the School Board. 58. A prominent statement, such as the one shown below, shall be included in sales and marketing materials and property owners association documents: Golf Digest (or specific property location) is located within 4.5 miles of North County Airport, a general aviation reliever airport. Airplanes operating to, from and/or near North County Airport will be noticeable and airplane noise may be objectionable. 59. A disclosure shall be included in sales and marketing materials and property owners association documents which identifies that the N -S Parkway and E -W Parkway will be 42 *Ww20 7 Ordinance 8, 2000 Golf Digest Development Order dedicated to Palm Beach County in the future, and that these thoroughfares have the potential of becoming six -lane facilities. 60. Disclosure shall be provided to all potential home buyers and a statement shall be contained in all property owners association documents which identifies the proximity of the Seacoast Utility Authority Wastewater Treatment Facility and the potential odors that may be emitted therefrom. 61. A prominent statement shall be contained in all property owners association documents which identifies that the levels of all water bodies in the surface water management system may fluctuate dramatically during very wet or very dry periods and that the priority purpose of these water bodies is to fulfill surface water management, not aesthetics. Performance Standards 62. The golf course(s) shall be designed and constructed by a nationally- recognized golf entity for the first five (5) years of operation, and maintained at the direction of a head golf professional who shall be a class "A" member of the Professional Golfer's Association of America or other national certification of equal value, who shall have at least five (5) years of experience in the Southern region. The golf management services /administration personnel shall include professional turf consultants, entomologists, plant biologists and such other 43 MNW2 0 Ordinance 8, 2000 Golf Digest Development Order professional specialists required to care and maintain the course(s). 63. Prior to the issuance of the first residential building permit, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. Buildout 64. Consistent with Chapter 118 -46, recordation of all plats, installation of all infrastructure, common area improvements and landscaping, and dedication of facilities, rights -of -way and easements shall be completed prior to December 31, 2004. Time extensions are subject to the criteria set forth in Chapter 118 of the City's Land Development Regulations, and any time extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the buildout of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order. Monitoring 65 An annual report shall be submitted January second of each year, until the project has reached buildout, to the Growth Management Department that describes the project's current status and compares its progress with the provisions of the development order. 44 Nrw2 0 9 Ordinance 8, 2000 Golf Digest Development Order SECTION 5. Construction of the Planned Community District shall be in compliance with the following plans on file with the City's Growth Management Department: I. October 13, 1999 Master Plan, Urban Design Studio, 1 Sheet 2. October 13, 1999 Common Area Phasing Plan, Urban Design Studio, 1 Sheet 3. October 13, 1999 Development Phasing Plan, Urban Design Studio, 1 Sheet 4. January 21, 1997 Hood Road Perimeter Buffer, Urban Design Studio, 1 Sheet 5. May 20, 1998 Littoral Planting Adjacent to Selected Areas, Urban Design Studio, 1 Sheet 6. October 13, 1999 North -South Parkway System, Urban Design Studio, 1 Sheet 7. October 13, 1999 PGA Boulevard & East West Parkway System, Urban Design Studio, 1 Sheet 8. November 15, 1999 Roadway /Access Easement Sections, Urban Design Studio, 1 Sheet 9. October 13, 1999 Roadway / Buffer Section Location Map, Urban Design Studio, 1 Sheet 10. (A) October 13, 1999 Roadway / Buffer S ections -- Section A -A' & B -B', Urban Design Studio, 1 Sheet (B) October 13, 1999 Roadway / Buffer Sections -- Section C -C' & D -D', Urban Design Studio, 1 Sheet (C) October 13, 1999 Roadway / Buffer Sections -- Section E -E' & F -F, Urban Design Studio, 1 Sheet (D) November 15, 1999 Roadway / Buffer Sections -- Section G -G', H -H' & I -I', Urban Design Studio, 1 Sheet (E) September 24, 1998 Roadway/Buffer Section - East -West & North -South Parkway Lane Ultimate ROW, Urban Design Studio, 1 Sheet 11. September 29, 1997 Seacoast Utility Site Buffer (Scheme A &B), Urban Design Studio, 1 Sheet 12.. October 13, 1999 Sidewalk Location Map, Urban Design Studio, 1 Sheet 13. January 21, 1997 Turnpike /Reservoir Buffer & 25' Wetland Buffer Adjacent to Residential, Urban Design Studio, 1 Sheet 14. June 17, 1998 Water and Wastewater Master Plan for Golf Digest, Carnahan - Proctor and Associates, 5 Sheets 15. August 19, 1998 Eastern Retained Property Conceptual Water Management Plan, Higgins Engineering, Inc., 3 Sheets 16. July, 1998, as revised July 30, 1998, September 2, 1998, and by the October 7, 1998 'growth rates revision' letter to Dan Weisberg from Joseph Pollock„ Jr. Traffic Impact Analysis - Golf Digest - Palm Beach Gardens, Kimley -Horn and Associates, Inc., 46 Pages. 17. September 11, 1998 Conceptual 15 Acre Park Development Plan, Urban Design Studio, 1 Sheet. 45 098,"2 1 Ordinance 8, 2000 Golf Digest Development Order 18. July 12, 1999 Typical Residential Buffer Plan (40' Parkway & 15' Buffer), Urban Design Studio, 3 Sheets. 19. July 12, 1999 Typical Residential Buffer Section (40' Parkway & 15' Buffer), Urban Design Studio, 3 Sheets. 20. October 13, 1999 Typical Parkway 4 lane Ultimate R -O -W Section, Urban Design Studio, 1 Sheet. Other supporting materials which provide additional back -up, data and analysis and/or justification for the aforementioned materials, and petition in general, include: 18. March 1996 AERIAL, 7 Sheets 19. March 11, 1996 TOPO, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 20. August 31, 1996 Boundary Survey, Mock Roos, Engineers. Surveyors. Planners, 2 Sheets 21. November 21, 1996 Seacoast Utilities Hood Road Wellfield Location Map, Howard L. Searcy Consulting Engineers, Inc., 1 Sheet 22. October 1996 Preliminary Market Overview, Cotton & Company, 7 pages +August 1996, Palm Beach County Market Study, WCI Communities, 40 Pages 23. July 13, 1995 Option Agreement For Sale And Purchase, Between John D. MacArthur Foundation and The Nature Conservancy, 5 Pages 24. October 10, 1996 Mitigation Agreement, Board of County Commissions, 10 Pages 25. May 20, 1996 Application Form of Golf Digest- Loxahatchee Slough, WCI Communities Limited Partnership, 4 Pages 26. November, 1996 Application for Alternation of Environmentally Significant Lands Environmental Assessment, Kevin L. Erwin Consulting Ecologist, Inc., 15 Pages + Map A Site Location Map, Higgins Engineering, Inc., 1 Sheet Map B Aerial Photography, 1 Sheet Map C Existing Terrestrial And Aquatic Vegetation. Map D Preservation Plan, 1 Sheet Map E USDA/SCS Soils Map, Higgins Engineering, Inc., 3 Sheets 27. December 19, 1996 Environmental Assessment Response to Sufficiency_ Review / Palm Beach Gardens, Kevin L. Erwin consulting Ecologist, Inc., 26 Pages 28. January 3, 1997 Environmental Assessment- Response to Sufficiency Review / Palm Beach Gardens, Kevin L. Erwin Consulting Ecologist, Inc., 26 pages 29. January 24, 1997 Environmental Assessment-Sufficiency Kevin L. Erwin Consulting Ecologist, Inc. 4 Pages 30. January 28, 1997 received by City of P.B.G., Environmental Assessment Transparent Overlays, Urban Design Studio, 28 Sheets 31. April 30, 1997 Environmental Review of the Proposed Golf Digest PCD, James F. Schnelle, 46 Now,21 I Ordinance 8, 2000 Golf Digest Development Order JR., PE, 14 Pages 32. March 28, 1995 South Florida Water Management District Jurisdictional Determination for Parcels 18 and 30 of the MacArthur Foundation & Vegetation Map, Kevin L. Erwin Consulting Ecologist, Inc., 11 Sheets 33. September 30, 1996 Eastern Retained Property Conceptual Water Management Plan &, Details, Howard L. Searcy Consulting Engineers, Fazio Golf Course Designers, Edward D. Stone and Associates & Higgins Engineering, Inc., 3 Sheets 34. November 1996 Eastern Retained Property Topographic Map And Predevelopment Drainage Map, Higgins Engineering, Inc., 1 Sheet 35. December 1996 Conceptual Surface Water Management Calculations, Howard L. Searcy Consulting Engineers, 45 Pages 36. December 1996 Water Budget Model Analysis, Tomasello Consulting Engineers, Inc., 12 Pages 37. December 20, 1996 Interim Report Water Level Monitoring Results, Dunkelberger Engineering & Testing, Inc., 5 Pages 38. March 14, 1997 Eastern Retained Property Conceptual Water Management Plan & Details, Howard L. Searcy Consulting Engineers, Fazio Golf Course Designers, Inc. & Edward D. Stone, Jr. and Associates Planners and Landscape Architects, 3 Sheets 39. November 1, 1996 Eastern Retained Property Relative Wetland Quality Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 40. November 12, 1996 Eastern retained Property Refined Plan Wetland Impact Analysis, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 41. January 8, 1997 Loxahatchee Slough, Higgins Engineering, Inc., 26 Pages 42. January 28, 1997 received by City of P.B.G., Eastern Retained Property Refined Plan Wetland Impact Analysis By FLUCFCS, 4 Pages 43. March 18, 1997 received by City of P.B.G., Eastern Retained Property Project Wetland (WL) And Other Surface Water (SW) Summary, 8 Pages 44. January 17, 1997 Eastern Retained Property Vegetation And Listed Wildlife Species Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 45. March 18, 1997 received by City of P.B.G. Coverage By Exotic Species Within The Eastern Retained Property, The Loxahatchee Slough, the Eastern Retained Parcel and Loxahatchee Slough, 5 Pages 46. March 16, 1995 U.S. Corps of Engineers Jurisdictional Determination for Parcels 18 and 30 of the MacArthur Foundation ( Deter. No. 199501610) & Vegetation Map, Kevin L. Erwin Consulting Ecologist, Inc., 11 Sheets 47. November 11, 1996 Mitigation Areas Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 48. November 12, 1996 Eastern Retained Property Site And Preservation Plan, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 49. June 22, 1999 PGA Boulevard Roadway Sections, Urban Design Studio, 1 Sheet. 50. August 2, 1999 Typical Parkway Buffer, Water Management Tract Adjacent to Preserve or 47 mxm2 1 2 Ordinance 8, 2000 Golf Digest Development Order Golf Course and Commercial Parcels, Krent Wieland Design, Inc., 1 Sheet. 51. August 2, 1999Typical Parkway Buffer, Water Management Tract adjacent to Residential Parcel, Krent Wieland Design, Inc., 1 Sheet. 52. October 28, 1999 Parkway Buffer, Water Management Tract Adjacent to Turnpike (4 sheets)., Krent Wieland Design, Inc., 1 Sheet. 53. Golf Digest 1999 Conceptual Water Management Plan and Details (3 sheets), Higgins +Engineering, Inc, Sheet 1 dated December 8, 1999, Sheet 2 dated November 22, 1999, Sheet 3 dated December 16, 1999. SECTION 6. The final approval of any on -site and/or off -site plans for improvements shall require the applicant to deposit with the City Manager surety in the amount prescribed by the City, in accordance with industry standards for the purposes of assuring the completion of all improvements including on -site roadways, drainage, utility improvements, common area landscapingibuffer and entry features. The required documentation thereof shall be in requisite form and approved by the City Manager. The executed mylar of a plat shall not be accepted until the required bond, letter of credit or deposit is filed with and approved by the City Manager in accordance with industry standards. The amount of the surety shall be in an amount to be determined by the City Engineer and City Forester to be sufficient to assure completion of the required improvements. From time to time, as improvements are completed and approved by the City of Palm Beach Gardens, the City Manager may reduce the amount of the surety by a proportionate amount. SECTION 7. 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. Ordinance 8, 2000 Golf Digest Development Order SECTION 8. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 9. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK C 12000. 12000. 32000 COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY 49 Wxw2 4 Ordinance 8, 2000 Golf Digest Development Order VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO 50 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 17, 2000 Date Prepared: February 11, 2000 SUBJECT /AGENDA ITEM: First Reading: Ordinance 9, 2000 , a request by City staff to allow for the extension of term limits for Planning and Zoning Commission members. RECOMMENDATION: Staff recommends that Ordinance 9, 2000 be approved. Reviewed by: Q&,, Originating Dept.: Costs.: $ Council Action: AVA Total City Attorney Legal [ ] Approved Finance NA 1 �(�, ACM 4` 4 ' It Human Res. NA Other NA �� V $ Current FY [ ]Approved w/ conditions [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Not Required [ ] Other • Ordinance 9, 2000 Submitted by: Growth Management Affected parties Budget Acct. #:: Director c_ [ ] Notified [ ] None Approved by: City Manager [ ] Not required wa =er." 1 6 REQUEST: First Reading for Ordinance 9, 2000, a request by City staff for an amendment to Section 2- 84 of the City Code of Ordinances. Section 2 -84 currently limits the terms of any City board member to six years unless there are no eligible replacements. In the case of the Planning and Zoning Commission there are several members whose terms are about to expire, and there may be eligible candidates to replace them. However because of the unusually high level of land development in the City at the present time, it is vital that the City not lose these members' knowledge, experience, and expertise. This Ordinance would allow their terms to be renewed. g /short: term limits rl ON MM"21 ? ORDINANCE 9, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE III, BOARDS COMMITTEES AND COMMISSIONS, DIVISION 1, GENERALLY, SECTION 2-84, TERM OF MEMBERSHIP, OF THE CITY CODE OF ORDINANCES TO EXTEND THE TERMS OF MEMBERSHIP WHEN SUCH EXTENSION IS IN THE BEST INTERESTS OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 2 -84 of the City Code of Ordinances currently limits the term of membership on any City Board to six consecutive years unless no eligible candidate shall be available to fill a vacancy; and WHEREAS, due to the tremendous growth being experienced by the City, the City Council recognizes that it may be in the City's best interest to retain members on certain boards, such as the Planning and Zoning Commission, for extended periods based upon their enhanced knowledge, experience and capabilities, notwithstanding that other persons may meet the eligibility requirements for board membership. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. Section 2. Section 2 -84, "Term of Membership," of Division 1, "Generally," of Article III, "Boards, Committees and Commissions," of Chapter 2, "Administration" of the Code of Ordinances of the City of Palm Beach Gardens is hereby amended to read as follows: Sec. 2 -84. Terms of membership. (b) Members or alternates shall serve no more than six consecutive years, and no member shall be eligible for appointment to the same board until one year from the date the person left the board. The city council shall have the right to waive the foregoing requirements in the event that no eligible candidate shall be available to fill the vacancy or the city council determines, in the exercise of its discretion, that the member's reappointment is in the best interests of the city, notwithstanding that the member will serve longer than six consecutive years. Section 3. 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. Ordinance 9, 2000 Page 2 Section 4. 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 5. This Ordinance shall become effective immediately 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. SIGNED: MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN ATTESTED BY: CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN DAVID CLARK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT PACPWin \HI STORY\0001 I M43F.13 \stm(1501.000 ) A 0j . Y Background: At the February Council meeting, both Council and staff expressed concern about bus shelters, bus parking, lake maintenance easements, and buffers. City staff investigated each issue and developed the following draft recommendations. If Council agrees with the draft recommendations, staff will develop final criteria for review and adoption with current code revisions. Bus Parking Issue: Should the City require specific parking, pull -off, or turn - around areas for school buses? How do we handle parking for parents waiting for school buses? Discussion: Currently the City zoning code has no requirements pertaining to bus parking. However, City staff does solicit comment from the School Board as part of our review process. The School Board requires bus turn - arounds, or bus pull -offs, if turn - arounds cannot be provided. They recommend (but cannot require) shelters. Recommendation: Applicability: The following standards may apply to all residential projects generating a school population of 10 or more students. 1) Require a pull off lane a minimum of 14' wide. 2) The lane shall be long enough to accommodate a full size school bus and 5 automobiles. 3) The lane shall be specially marked as a bus - parking lane. Bus Shelters Issue: People need protected places to wait for school and county buses. Should the City require shelters in new developments? Discussion: Currently the City zoning code has no requirements for shelters. At the present time there are no shelters available for school children or county bus passengers. The School Board recommends, but cannot require, that shelters be provided. The City has an opportunity, through the development review process, to ensure that shelters are made available and to ensure that they are attractive and well maintained. Recommendation: Applicability: The following standards may apply to all residential projects generating a school population of 10 or more students, and some large commercial projects. 1) The developer will construct a shelter with approximately 170 square feet of covered space. (Palm Tran recommended minimum) 2) The shelter shall be located adjacent to the required bus pull off lane. 3) The shelter shall be designed to harmonize with and complement the residential project. Construction shall be of materials such as concrete, stucco, with cement tile, barrel tile, or metal roofs. 4) Minimum shelter configuration shall consist of 4 decorative columns, with a pitched roof, and a concrete pad enhanced with decorative pavers, brick, or tile. Lake Maintenance Easements Issue: Provision must be made to allow for the maintenance of lakes and water management tracts, however, the City code is silent on this issue. Discussion: The City has been asked to allow developers to extend lot lines down to the water's edge and provide an easement to the HOA for maintenance. This would allow each property owner to have a larger lot. However, because they own the land, there would be a tendency among lot owners to fence all the way to the water's edge, and /or to restrict access to the waterfront by others, and /or to plant or put structures in the easement. This may lead to conflicts which can involve the City. Recommendation: Make the maintenance strip a tract which is held in common ownership and maintained by the HOA. Landscape Buffers Issue_ The City often requires landscape or preservation buffers along the rear of residential lots. This is done to preserve landscaped areas and buffer residences from adjacent development. Discussion: Developers sometimes want to include the buffer in each individual lot. This makes the lot appear to be larger and thus more marketable. (E.g., Shady Lakes /Bent Tree). However when a homeowner owns the lot including the buffer they tend to assert control over the landscaping or preserved vegetation. The vegetation is sometimes removed entirely, mowed, or improperly maintained. Some homeowners have added structures in buffer areas, etc. This leads to conflicts which can involved the City. Staff finds that the existing buffer requirements, which allow buffers to be incorporated into lots, do not adequately protect buffers and required landscaped areas. Recommendation: Buffers should be held in common ownership, with the appropriate HOA or POA being responsible for maintenance. This can be accomplished through requirements placed in development orders and also in the City zoning code. 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