HomeMy WebLinkAboutAgenda Council Agenda 041700• City of Palm Beach Gardens
Council Agenda
April 17, 2000
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Jablin
Council Member Clark
Council Member Furtado
0 Council Member Sabatello
14D
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CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
wishing to address the City Council need to complete the necessary form (supply
located in back of Council Chambers) and submit same to the City Clerk prior to the meeting
being called to order.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
APRIL 17, 2000
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ANNOUNCEMENTS
IV. PRESENTATIONS:
V. CITY MANAGER REPORT:
a.
Construction Manager Report
b.
Gardens Park Issues
C.
City Hall Landscaping
d.
Traffic Enforcement Update
e.
Burns Road/PGA Flyover Update
f.
Christ Fellowship Church Management Plan Update
VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit
request card to Clerk prior to this Item)
VII. CONSENT AGENDA:
a. Consideration of approving Minutes from the 3/30/00 Special City Council
Meeting.
b. Consideration of awarding bid for Bank Line of Credit.
VIII. RESOLUTIONS:
a. Resolution 28, 2000 — Consideration of authorizing the Mayor and City Clerk to
execute an interlocal agreement with Palm Beach County for the North County
District Park Site.
b. Resolution 32, 2000 — Consideration of approving an application from
Frenchman's Creek Golf Course for an amendment of a previously approved site
plan by approving the 4.421 square -foot expansion of the existing clubhouse and
the addition of a 15,261 square -foot fitness and tennis center located in the center
of the Frenchman's Creek Planned Community District at the southeast corner of
Alternate A I A and Donald Ross Road.
C. Resolution 35, 2000 — Consideration of authorizing the issuance of a Promissory
Note of the City in the principal amount of not to exceed $10,000,000 to finance
various capital expenditures of the City; approving the form of a loan agreement;
providing that such note shall not be a general obligation of the City but shall be
payable only from certain non -ad valorem revenues and other monies as provided
herein; providing for the rights, securities and remedies of the owner of such note;
providing for the creation of certain funds; making certain covenants and
agreements in connection therewith.
d. Resolution 36, 2000 — Consideration of authorizing the Mayor and City Clerk to
execute an Air Stripper Discharge Agreement with the Seacoast Utility Authority.
IX. ORDINANCES: (For Consideration of First Reading)
a. Ordinance 14, 2000 — Consideration of approving the application of Palm Beach
Hotel and Office Building Limited Partnership for an amendment of a previously
approved Planned Unit Development located at the southwest corner of PGA
Boulevard and Interstate Highway 95 by approving an increase in square footage
in the Phase 2 Office Building from 82,265 to 82,389 and a reduction in height
from ten stories to five stories, and allowing the permitted Phase 2 Parking
Structure to have an optional third floor; providing for conditions of approval;
providing for waivers.
X. ITEMS FOR COUNCIL ACTION:
XI. ITEMS FOR DISCUSSION:
a. Consideration of using modular news racks throughout the City to eliminate the
unsightly appearance of numerous multicolored different sized racks in poor
repair.
b. Consideration of policy governing the public use of City meeting facilities.
XII. ITEMS & REPORTS BY MAYOR AND COUNCIL:
XIII. CITY ATTORNEY REPORT:
a. Consideration of City staff's determination that the Petition for Contraction filed
by Thomas J. Kesneer and Shan L. Kesnner be rejected.
b. Consideration of Workers Compensation Claim settlement.
XIV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing
special accommodations to participate in this proceeding should contact the Human Resources Department, no later
than 5 days prior to the proceeding at telephone number (561) 799 -4200 for assistance; if hearing impaired,
telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If
a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting
or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based_
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DAT,E�: April 12, 2000
FROM: Nabar Enrique Martinez, City Manager ft
SUBJECT: Information Items for Regular City Council Meeting of April 17, 2000
City Council Agenda:
VII. CONSENT AGENDA:
b. Consideration of awarding bid for Bank Line of Credit.
The City has planned in this budget year to finance the purchase of parkland, a fire truck
and the construction costs of Fire Station #3 in the southwest part of the City. To avoid
the closing costs of several small borrowings and provide the City with more flexibility,
staff recommends a Bank Line of Credit. This Line of Credit would allow the City to
borrow up to $10 million over a three -year period with a single loan document rather than
initiating a series of small loans. The RFP was sent to all local banks in the area.
(Resolution 35, 2000, below, authorizes the City to enter into the agreement with
Republic Security Bank.)
RECOMMENDATION: Consider a motion to approve the Consent Agenda.
VIII. RESOLUTIONS
a. Resolution 28, 2000 — Consideration of Approval of an Interlocal agreement with
Palm Beach County for the North County District Park Site.
The approval of this interlocal agreement will allow staff to begin the process to complete
the purchase of the District Park property. The agreement addresses the requirements of
each entity in the development of the park.
RECOMMENDATION: Consider a motion to approve Resolution 28, 2000.
b. Resolution 32, 2000 — Consideration of Approval of an Amendment to the
Frenchman's Creek Golf Course and expansion of the Fitness and Tennis Center.
This is a request from Cotleur & Hearing, Inc., agent for Frenchman's Creek Golf
Course, to amend the Frenchman's Creek PCD Golf Course Site Plan to expand the
existing clubhouse by 4,421 square feet and add a 15,261 square -foot fitness and tennis
center.
. RECOMMENDATION: Consider a motion to approve Resolution 32, 2000.
�. C. Resolution 35, 2000 — Consideration of approval authorizing the City to enter
into a loan agreement with Republic Security Bank.
The City has planned in this budget year to finance the purchase of park land, a fire truck
as well as the construction costs of Fire Station #3 in the southwest part of the City.
Resolution 35, 2000 will implement the provisions of the Bank Line of Credit with
Republic Security Bank.
RECOMMENDATION: Consider a motion to approve Resolution 35, 2000.
d. Resolution 36, 2000 — Consideration to authorize the Mayor and City Clerk to
execute an Air Stripper Discharge Agreement with the Seacoast Utility Authority.
This resolution seeks approval of an agreement with Seacoast Utility Authority for the
discharge of air stripper effluent into Seacoast's sewer system. This agreement will save
the costs associated with the remediation of the contamination under the soccer field and
will allow the discharge of up to 40 gallons per minute of effluent for a period not to
exceed five years. The expected charges will be less than $5,000 annually.
RECOMMENDATION: Consider a motion to approve Resolution 36, 2000.
IX. ORDINANCES: (For Consideration of First Reading):
a. Ordinance 14, 2000 — Providing for an Amendment to the Admiralty H PUD.
The petitioner, Alfred J. Malefatto, is requesting to amend the Master Plan for the
Admiralty II Planned Unit Development to increase the square footage of the approved
second phase office building from 82,265 to 82,389, reduce its height from ten stories to
five stories, and add an optional third floor to the approved parking structure. Staff
recommends approval of this ordinance with several conditions.
RECOMMENDATION: Consider a motion to place Ordinance 14, 2000 (with
conditions) on first reading, by title only.
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CITY OF PALES BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 13, 2000
Meeting Date: April 6, 2000
Subject/Agenda Item: Discussion of Gardens Park concerns.
Recommendation /Motion: N/A
Reviewed by:
Originating Dept: Parks
Costs: $
Council Action:
and Recreation
Total
City Attorney
[ ] Approved
Finance
$
( j Approved Wi .dibo..
'
Current FY
ACM
[ ] Denied
Advertised:
Human Res.
Funding Source:
( ] Continued to:
Attachments:
Other
Date:
[ j Operating
Paper:
[ j Other
1. Memo from Parks and
[ X ] Not Required
Recreation Director.
Submitted by: Sue Miller
Department Direct4*f q
Affected parties
[ ] Notified
Budget Acct #::
NIA
[ ] None
Approved by:
City Manager
[ ] Not required
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: March 13, 2000
APPROVED: Nabar Martinez, City ManagerAx-
FROM: Sue Miller, Director, Parks and Recreation'
SUBJECT: Gardens park Athletic complex
BACKGROUND:
Since the Gardens park baseball complex opened in January, 1999, numerous design problems have
been noiiced which affect the operations of the parks and recreation department, specifically related
to facility maintenance. Some of the problems are also affecting the Palm Beach Gardens Youth
Athletic Association (PBGYAA) baseball program, while other problems could be viewed as
prob11cals wiiicli need] immediate attention.
Staff is of the opinion that the majority of these design problems could have beeli avoided if Parks
aIid RecreatioIl stall would have liad opportullltles to provide additional input during the initial design
plia-se of rile project. Parks Gil, "- eatioil stall was not hiC1Uded vii the IMLCIii comiillttee, and
as a LCJlilt, Jlau JllggCStioiis LUr the CVr1liJ1CX WGIe not t)olllililirlil;ateu uuee;lly to 111G arC;llltect, thereby
reducing the elleGlivelless of the suggestion.
Additionally, staff believes Iliac numerous changes they presented to the aic'1"litect (again, for the most
part, through a third party) as the design process was underway were not implemented, and as a
result, the effect was less than «jhat was anticipated.
Staffreconunends that the fwid iig source for any renovations or repairs to the complex be completed
using funds generated by the Bond.
DISCUSSION:
The design problems are described in no particular order of importance and have a staff estimated
cost to remedy the situation.
L Situation:
There al•e areas bellied several dugouts which have not been irrigated, inakillg it
impossible for grass to grow. Staff debated as to whetlier to irrigate these areas, at
our expense, but decided not to, as the pedesirian tra is would slake it di fi lculi to
maintain these areas.
Recommendation-
Stall is recoliulieading that these areas be poured with concrete, or brick paved. The
estimated cost for concrete is $20,000.
G. Situation:
The design of several dugouts does not allow for the players and coaches in the
dugouts to observe the players at bat. This design flaw has created some problems
for the P'' Y rA AL as far as supervising the players ill the dugouts, because all the
players waist to be able to see the batter in action.
Recommendation:
The affected dugouts (6) should be renovated to remove this obstruction.
Estimated cost for these renovations is $5,000 per dugout.
J. 1ituation-.
'lie netting over the building does not allow for the easy retrieval of the foul balls
that are hit into the nets. T 1-lis is especially frustrating for the rBvYAA as the
balls that remain oil tiie net are, for the most part, lost to the team that hit the ball.
T - f 1 TTG'.T A A that f f
T sus iielii was so ri usiraiillg to isle rnv r ru-� inal olio of incur parents who is all
architect, designed their own solution to the problem and presented it to the
previous adnliilistration. The problem has not yet been resolved.
Recommendation:
Staff recommend's this problem be further researched by city engineering staff.
4. Situation:
Between the backstop fence and the concrete that is adjacent to the scoring table
and spectator areas, there is a gap approximately 4" — 6" wide that has enabled
slnall children to get their feet stuck in this space. Staff placed a plywood barrier
over the gap, temporarily solving this problem. HovNrever, this measure was meant
to be temporary as it is a maintenance problem.
Recommendation:
Stair reconuilends that the city enlist the services of the city engineer to design a
perinanent solution to this problem, such as pouring a concrete slab ill this area.
Stall does not have all estimated cost for this project.
�. Situation:
Tile felicillg surroundiIlg tine fields, is also not the appropriate fence for' all athletic
field. Allile most atllIetic fields have both tile, top and bottom of the fences
- -zi_� i__ r -��- - -- c�i__ r_ �_ /_1_J it -
katicKleu, t11C Gardens par&- fields have only one end of 11le 1Cnce &-ri-LIC 1Cd l' 1e,
knucided end of the fetice nas been placed towards the ground to prevent players
0 C!i1i)3
This 1
ICCt &oral gellrllg callglll ill llle 1ClrLC «T11rLC retrleVrtig Dates). 1111) leas alCeauy
proven to be a problem as Iasi season a young player was chnlbint over the fence
and «Then junnping down, caught his arni on the fence which sliced it open, and
spent several days in a local hospital due to an infection.
StaTproposed a couple of remedies to lids problem, including sleeving the fence
«Title a protective cover, knuckling the fence ourselves and /or purchasitng a new
fence. None of these reeonunendations were accepted, due to financial reasons.
There have also been numerous problems With gates not hanging properly, loose
fence posts in the dugouts, and improperly installed gates_
Recorrier, d atiow
Staff would like to meet again with the architect and fence contractor to bring
these problems to their attention face to face, and seek their resolution to these
probleIlls.
6. Situation:
irrigation of the facility has been a problem since the first designs were shown to
the City. Currently, on the north end of the complex, both of the large fields do
not have adequate coverage in the outfield to properly irrigate the fields. As a
result, the fields will otien look browIl and dry, especially If the wiIld is blowing.
T Lle irritatl(711 plan a1JU has SCVCCal otIt desltll haws IilcllId(llt irritation systems
installed near batting cages, no irrigation installed between the two large fields on
the north end from i anglewood Drive south to the building, and the previously
mentioned non- itftgaation of the area near the du-outs.
tzddrtroriaiiy, Star has riot yet received file fitlai "as built" drawing of the irrigation
sysiein for the Gardens park baseball fields.
Recommendation:
Staff will have to install another irrigation line in these fields at an estimated cost
of $2,000 or parts and $600 for labor (40nian hours).
7. situation:
T lee batting cages that were designed arid erected were riot functional, and as a
result, parks staff reIlloved the cages as constructed, and rebuilt the cages at an
approximate cost of $5,750 for parts acid all estimated $4,500 for labor (300 than
hours).
Recommendation:
Staff has corrected this problem utilizing funds flonl the parks tetleral operating
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.7
24. Situation:
Due to the poor design of the two large fields, relating to the spectator areas, stall
iiad to spend approximately $11 -5,000 to provide adequate protection for those
spectators watching games at these llelu'S.
Recommendation:
Stall has already collected' this design error.
y. Situation:
Tlie water fountains located near the playground areas do riot Uralic properly.
Ald -lough this is probably caused by children placing sand from the playground hi-to
the 1'0- untaill5, a. better designed fountain could have probably prevented tells fi•oin
occurring.
Re-co tiori:
Staff will seek alternative water fountains to correct this problem.
1C'. Situation:
'here are no ramps leading from the pal-Klllg lot to the slue ww"& near the
handicapped parlIcing, spaces.
Recommendation:
Stall lecolilllienUs that this problem be Url?llgllr to tree attention Vl rlre architect and
builder, and have them resolve the situation.
++
i i. rOi•�tuateu_,
Also attached is a report fi-oni Phyllis Stirparo, risk Specialist, detailing sortie
concerns she has of the construction of the facilities. The items crossed out are
items that have been corrected by parks staff.
Phyllis has indicated she has not yet received any written correspondence from
Su lolk regarding the iterms in this report that they should be correcting.
Recommendation:
Parks staff is continuing to work on correcting the problems they can- Several of
the items are the responsibility of the contractor.
11 CtG0-a
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TO: Sue Miller, Director Parks & Recreation DATE: March 10, 2000
APPROVED: Dennis O'Rourke, Acting Human Resource Director
Nabar E. Martinez, City Manager
FROM: Phyllis Stirparo, Risk Management Specialist
SUBJECT: Inspection — Gardens Park Complex
Cc: John Murphy, Director of Safety Suffolk Construction
Y. ou will notice that 1 have changed the forIltat of the inspectloIl report to reflect only one location
at a tune. Also, there Is more emphasis oli slgnage to show our good faith e%rt town/ d preventhig
any potential injury. If you have any questions, please give Ine a call oIl 7/99-4166.
Val delis Park
b Speed bunips throughout coinpiex with " N'atch the C W11dren" or "`Watch i'ojr redestilalis"
slgIlage. Due to the back gate eIltrance from T allglewood being open, the traffic is speeding
through our complex putting not only our employee's in danger, but those participating in
events on our fields.
Entrance from Burns Road
-L
V1[LJil� .4a VU 1aV aV \V VLVaV JIUVYY U1a�j.
6
Area along Burns Road — phone box located right at crosswalk location; gully, uneven terrain;
stoiin drain completely full of debris aria water (impossible to maintain'.
6
Rocky around frontage and enttatice. Some grass growing and some sod done recently.
Temporary llgllt pole at entrance «Iit'tl eXiCllsloll co f u' at entl ance to file station left open and
exposed to weather.
o
Handicap spaces need ramped access at eacli Location
r
Junction box protruding front ground
Score board ground rod should be covered (cording up out of groulid about 8 ").
�
vii vl .iiu�•'rruau ua aabau YVav .iuiail� died iiCCu::i :iva
StorII1 dI'ain protrudes III front offence where people would walk up to observe gaine.
C 43 -ii uia.iu piJ—Ji: `*.rii vi �i-N
• +
Retention aI'ea slope cI'eates oIle loIlg slipping liazard wlieI1 walking (ruin partuag area to
sidewalk to fenced area.
o
Yalnt electrle boXCS that protrude lroill gi•ouild yellow.
Dall Field Areas
6
vlieven Surface be'Uid dugout area(s) — Some as 6 drop
slave muds aS a li olll coticr ete alert.
(11C11!t i in report)
+
'Wood all arouIld exterior fence of ball fields — deteriorating and need a. better product to fill
gap perlilallently. (ltern # 4 Ir! report)
V
Bottom rail heeded aloIig infeld backstop — 1ence b-owiIlg up and will catch hands — sigllage
suggested "Do 'Not Hit Dail Into Felice".
T
^., �i' i:�.:l+i'L.:ii
LKLllll�, VLL�V`Jf CK14I b
LLV Ll111b V1 YLLJV VV V1i'1_LLi4�U;t1lV and need's to V L1VU LLVYYIL-
+
No ramped and /or sidewalk area to accommodate handicap access to paviliotists) or
piaygroutidts) £fret. Ramps Should be located in the handicap Spaces provided. {iteIii
report' )
+
Jagged edge on draiIl pipe by pavllioIl.
J 1L
livii i\,iiivu111ti1iG111 ii lilt■ 1/�L11�lllb ul
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1 KY111Vi1 K1 VU KI YY K�J L1KJ 1JKLLLLIV K11LL LLiia 111 LLLV 1S11LL111\: SVK4 UJL J` lSLll Vl J.
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Fountain not drat111l1g properly creating a birdbath.(item lq 9 in report)
T
L 1K,'b1VK114 JULIKVV 431LLV1 JVl 1J LL1IVY VLl 11VVUJ LL1V1V JLL114.
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Sbaf err'-_ 11 ffdiri nd - -- -•T __ -1-
iittil�ii LLa ulli�iiii vl i iLLLiI %vv tilt, �� �.v12
411 bii
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f"'' V Stornl dl•ain by pavillo1l across fl•oin socceI' held, has opeiiing m concrete where a child
I1 1 1 1 Currently 1_ /_�
CVUIU gel trapped a11U UIOWIi. I.Ullell`tly does have Wafer lli It.
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+ +�+�1 41 •Cl41VJ vYlCLi
Vli 1VJLiVVt1�, VI Vli VVl `LVLLii.% tli llll.ii J 1VVi11 `V;'r11
O
1Vlatiliole cover up from Sidewalk Surface ^'1 -1 /G" — paint yellow
e
Last side ofFic . — WlleS plOtlltlg from gtoull' ^ ' lid d uivrolii fetice.
South end of Field 3 — storm drain protrudes from ground ^'i0" — paint yellow and /or build up
surrounding dirt_
P�CVL�CJ
Tl 1.. - .1;,_ -i. -_ C_1 A I: - r:? n-
ttL LILUO i,LLULL , 11VLL1 1LCLLCLILL LW 111K111LV11KLlVV Vrit(�lJ 1llV �Y Lr1�, Y \♦/L•tL YYUVl\111� (Li�ti��ii
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Soccer Field
v Debris on outside of fence at access road needs to be removed. Children have been seek
climbiIlg on these large pieces of concrete during games.
vai=,fe cover oil v. Vcx ;:enveerL east-end 1:t1.C:L1LLrs-
- ? _ ',
7 VVLLl 11VJ 11VVLL LLLLLKIIlII�.
e Light box on far Sozrth erld needs padding — stands up froth ground --o ".
T L1.LCVL1C1V 11 aV LKV111 V1 �ii14u111S ullu litti111LU11LL11� t11VFJV1 Ll(,r -4VYY 11J YY 111 V:sL�•11U L VL ti Liuuiu�.
i rash can — paint peeling off — looks terrible.
-
T 11 VJL -V11LL VIVKVSIVI 11LLJJLLI� L/114 VKII.
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®� ?� CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: April 17, 2000
APPROVED: Nabar E. Martinez, City ManagerpA
FROM: Roxanne Manning, Growth Management Director2
Mark Hendrickson, City Forester 1yilr(
SUBJECT: New Municipal Complex - Landscape Revisions
A new landscape plan has been designed for the new City Hall and open spaces along Military
Trail, Burns Road and Johnson Dairy Road. The new plan concentrates on the following:
• Increasing the plant mass in front of and around the City Council chambers, including
flowering trees lining the walkway from Military Trail between the Council chambers and
the Police Department and hiding the fountain pump stations and large backflow
preventors.
Removing the six strips of plants from in front of City Hall and designing new plant beds
under the old Oak trees and along the building foundation. This new design will be
easier to maintain.
The Military Trail entrance signage will have annuals added to the plant beds on both
sides of the road, and the median will be improved with more mid -level plantings. The
Washingtonia palms will be replaced with Medjool palms. The design would include
removing the existing sidewalk located next to the curb and relocating it behind the
proposed row of palms.
The chiller area will have landscaping added on the south, east and western sides to better
buffer its walls.
• The porta -cache entrance and building foundation areas to the Administrative Building
will be enhanced. The design includes relocating the one parking lot light which is out of
place with the two City Hall light poles, then adding a specimen multi -stem palm and
flowering shrubs.
• The trees proposed in the commons area are a potential maintenance problem for the
fountain. The new design would use only palms. The Royal palm is recommended to
f 10 [1x3
create a pillar look as one walks toward the main lobby. A back drop of Foxtail palms are
added in front of the Police Department windows.
The lake area at the corner of Military Trail and Burns Road needs will have Cypress
along the shore line; the embankment will have Weeping Willows with a back drop of
palms and at least two Royal Poinciana trees for seasonal accent near the Post Office
kiosk. The design-takes into account the planned guard rail at the intersection. A small
fountain is recommended for lake aeration.
The Burns Road entrance will receive a hedge treatment to hide the parking lot and
detention.
A new buffer is proposed along Johnson Dairy Road between the ballfields and
Tanglewood Apartments.
The proposed Landscape plans are available for City Council review and will be presented at the
April 17, 2000 City Council meeting. Attached is a picture of the three -tier fountain proposed
for the lake. We do intend to reuse plants already on site, primarily under the old Pine stand.
The cost for work around the main building, court yard and entry area is projected to be
$177,334. The Fire Station, mail box kiosk and lake area is estimated at $21,165 and the
Johnson Dairy Road buffer is $17,206. The estimated total for plant material and installation is
$215,707. This cost does not include existing plant relocation cost or sod replacement.
Recently, the last remaining palms around the old City Hall were relocated to Military Trail and
the new City Council Chamber's wall. Also, a retaining wall, south of the chiller, has been
constructed. Staff has selected plants for this area to screen the chiller wall, and to cascade over
the retaining wall.
If agreeable, staff will supply working drawings to the contractor for the change order bid. Also,
Building Official Jack Hanson will use the landscape drawings to coordinate any changes to the
irrigation, decorative tree up- lighting (electrical) and hardscape changes as necessary to complete
the project.
mih
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0009
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor Russo & Members of City Council DATE: April 11, 2000
APPROVED: Nabar Enrique Martinez, City Manager'
FROM: James O. FitzGerald, Chief of Police p`—
SUBJECT: Traffic Presentation
This is to give you a brief overview of the information which will be presented at the City
Council meeting scheduled for Monday, April 17, 2000. The presentation, which is
being prepared by Lt. Rick Facchine and Sgt. Glenn Brown, will cover the following
topics:
- brief overview of the Traffic Division, the responsibilities of its
officers, and its function as a unit within the Police Department
- traffic unit calls for service statistics including projections for the next
year
- accomplishments and enforcement activities of the previous year and
0 methods for determining target areas
- the unit's goals for the upcoming year including specific programs for
enforcement and future needs
I am confident you will find the presentation interesting and informative. If you have any
questions, please feel free to contact me.
JOF /amm
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor /Council
DATE: April 12, 2000
APPROVED: Nabar Enrique Martinez, City Manager
Roxanne Manning, Growth Management Director
(��j�j��,` I
FROM: Jim Norquest, Principal Planner \P— /
SUBJECT: Christ Fellowship Management Plan
The Growth Management Director has requested a summary of the church's progress
towards a management plan for the April 17th City Council meeting.
I have reviewed a letter from Christ Fellowship dated February 10, 2000 (attached). This
letter describes in some detail the property management plan that the church has in place
today.
A major concern of the City Council was how special events will be handled. The
is church's management plan for special events seems well considered and workable to me.
As discussed in the letter, their plan includes the use of City police and their own pre -
trained security team for traffic management and general patrolling and observation. The
church also employs a site coordinator who coordinates the security team, and also has
responsibility for lighting, sound control, debris control, and building security.
In response to the City's concerns about overall and long -range management issues, the
church has hired a business consultant to "review, revise, and recommend improvements
in the overall operational and business process" of the church. Of course, it is too early
to see concrete results from this consultant, but it seems a step in the right direction. We
should meet this person, get an overview of his preliminary plans, and then monitor and
report to Council periodically on his progress.
On a more immediate level, these seem to be ongoing problems with noise from youth
events. Evidently, the church's security team leaves after the concerts and there is no
night watchman. As a result, some young people are staying after the concerts and
creating noise problems. We should request that the church have someone stay after
youth events to control this situation.
JKN:cml
G:Cheryl JNChrist Fellowship Management Plan 041200
t
�PRV FS�
February 10, 2000
Roxanne Manning, AICP
Growth Management Director
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Ms. Manning:
"..4t.up your eyes and k)koil the fielc>rc;
for they are ripe unto Harvest!"
John 4.35
ZIP,
Hand Delivered
At the request of City Council I am providing additional information to you regarding the
management plan Christ Fellowship has in place.
Specifically, I believe the concern is centered on the manner in which the six special
events that have been permitted in the development order will be addressed. Documents
have already been provided to the City that demonstrate how the predictable weekly
activity is handled.
Special Events
Any and all of the "Special Events" that may be hosted by Christ Fellowship will be
treated like a typical Christmas or Easter service which has the potential for having larger
numbers of people than would usually attend on a weekly basis. To that end, the
management of the church would notify the City of the event well in advance. The
operations department would do strategic planning in the areas of traffic, security,
lighting, sound and maintenance.
Christ Fellowship currently has a standing weekly contract with the City's Police
Department for traffic control. The management team from the church would meet with
personnel from the Police Department to evaluate what the specific needs would be
surrounding the special event and staff accordingly in keeping with the Police
Department's recommendation.
The church currently has in place an internal Security team that consists of seventy-five
people. These personnel have been trained by retired police officers in areas of traffic
control and patrolling as it relates to observation and reporting procedures. The Security
staff has direct communication with the Police personnel at all times. The numbers of this
Security team would be increased according to the nature of the special event.
Talm Beach C'ardens Christ ws'h
Fedoip
5312 Northlake Blvd. • Palm Beach Gardens, FL 33418 • Phone 561/622 -2384 • Fax 561/622-8445.
91.
The church has an operational Site Coordinator who is a full -time paid person on staff.
The Site Coordinator is present at all regular weekly worship services and would be
present at all special event activities. The Site Coordinator is responsible for ensuring
proper numbers and placement of all Security and Police personnel. In addition, the site
coordinator is responsible for making sure there is adequate lighting and measures in
place to control sound. Specifically, a person is placed on the perimeter of the site to
ensure compliance with the developmental order regarding sound. Several
recommendations made by the church's acoustical engineer have already been
implemented in order to prevent sound intrusion off site. The Coordinator is also charged
with completing a site inspection after. an event, making certain that there is no debris left
on the property. The final duty of the Coordinator is to verify that all buildings on the site
have been properly secured.
Jupiter Theater
In December 1999, Christ Fellowship became owner and operator of the Jupiter Theater
in the Town of Jupiter. The management staff is in the initial planning process to
40 determine what events will be conducted at this venue. It is quite possible that some of
the special events that would have been hosted on the church's North Campus will be
moved to the Jupiter Theater. The availability of the Jupiter Theater will help to alleviate
the church's activities at the North Campus facility.
Business Consultant
Subsequent to the Council meetings in January, and at the suggestion by Councilman
Sabatello, Christ Fellowship hired an outside business consultant. This consultant has
been a business professional for over 28 years. He has been a successful entrepreneur,
consultant, business leader and senior officer of a publicly held NYSE company. Familiar
with all aspects of the business process, the consultant has been engaged to review, revise
and recommend improvements in the overall operational and business process of Christ
Fellowship Church. Specifically the consultant will be working in the following areas:
• Strategic planning
• Operational planning o�Q��' �A0
• Budgeting
• Communications
Government affairs
• Process improvement
The consultant will be drawing on his experience and industry contacts to assist in theme
efforts to meet the growing demands of the church. His credentials include being a real
13 12; Ij � 4
•
estate developer in which he became very familiar with various aspects of the
governmental approval process; Sr. Vice President of two global business units for an
industry leading company; and chairman of a company that brought high tech solutions to
the radio frequency identification market. He was also the executive in charge of his
company's sponsorship of the 1996 Olympic Games in Atlanta.
I believe this consultant will be invaluable in taking Christ Fellowship to the next level
and beyond in all of the aforementioned areas. All available tools and resources are being
utilized to improve the established plan currently in place. Christ Fellowship employs a
staff of well - educated, trained professionals to ensure proper management of its staff and
facilities. The church has enjoyed a successful working relationship with the City of Palm
Beach Gardens since 1992. Continued cooperation with the City is a top priority for the
pastor and staff of Christ Fellowship. There will be continued time, effort and energy
devoted to ensuring that there is a long lasting partnership with the City. The church
wants to join with the City in making Palm Beach Gardens the best possible environment
for its citizens to live, work and enjoy leisure activities.
If the pastor or any staff member can be of any assistance to you in the future please do
not hesitate to call on me.
Best regards,
Dave Gregg
Director of Operations
Christ Fellowship Church
- --mil -�
a 0 Ot
r�
�J
0
0
CITY OF PALM BEACH GARDENS
CITY COUNCIL
SPECIAL WORKSHOP MEETING
MARCH 30, 2000
The March 16, 2000, Special Workshop Meeting of the City
Council of the City of Palm Beach Gardens, Florida, was called to
order at 7:00 PAL in the Council Chambers of the Municipal
Complex located at 10500 North Military Trail, Palm Beach
Gardens, Florida; and opened with the Pledge of Allegiance to the
Flag.
ROLL CAT 1, The City Clerk called the roll and the following elected officials
were found to be in attendance: Mayor Joseph R Russo, Vice
Mayor Eric Jablin, Councilperson Lauren Furtado, and
Councilperson Carl Sabatello. Councilperson David Clark arrived
at 7 :35 p.m.
ITEMS FOR DISCUSSION
Proposed Land Development
Regulations
Growth Management Director Roxanne Manning introduced
workshop discussion and review of proposed land development
regulations - Section 93, entitled Permitted Uses, Conditional Uses
and Prohibited Uses and Articles I -IV, and provided an update of
the process and sections already adopted, and possible future
workshop dates. Consultant Marty Hodgkins explained that the
code had been reorganized to be more user friendly, and requested
discussion of adult uses be discussed at a later meeting. Mr.
Hodgkins was requested to research whether an adult use of a
dancing establ_ichment without alcohol was allowed by other cities.
Mr. Hodgkins highlighted substantive changes in order to address
policy changes.
Page 10, Sec. 19, Concurrency required. Allowing an application
to begin with a traffic concurrency certificate submitted later in the
process rather than before an application could be started was
discussed. Staff was requested to research how this process had
worked in other cities.
Page 15, (g) Preliminary review of large scale developments. Mr.
Hodgkins explained this would provide an opportunity for the City
n 0Cl) -i
0 CITY COUNCIL SPECIAL WORKSHOP MEETING, 3/30/2000 2
C7
Council to review potential applications for large projects at a
workshop prior to the formal development review process. The
City Council agreed to this change.
Page 16, (h) Liens and fines. Language was provided so that a
development order application could not be considered unless all
liens or fines owed to the City for the subject property had been
paid. An example was discussed.
Page 38, Sec. 29, Conditional Uses. Mr. Hodgkins noted that
criteria had been added to help in making decisions in various
situations.
Page 50, (c) Time limitations, (3) Planned unit Developments. Mr.
Hodgkins explained this section tied project build -out to the traffic
impact analysis.
Page 65, (8) Drainage. Councilperson Furtado requested the
language be changed to contain more checks and balances.
Page 66, (9) Public utilities. Evidence of commitment for public
water and sewer service must be submitted as required or the
development order would be voided.
Page 67, Sec. 45, Concurrency reservations. Mr. Hodgkins
explained that this was additional wording to tie concurrency to
traffic impact studies. Councilperson Clark requested a verb be
added to the first sentence under this item. Councilperson Furtado
discussed traffic safety problems and requested staffresearch on this
issue.
Page 96, (3) Commercial development in residential PUDs. Mr.
Hodgkins suggested that the criteria requiring 50% of the total
dwelling units to be under construction before issuing a building
permit for construction of a commercial structure might be too high.
Discussion ensued. Staff was requested to research a density _limit
for such projects.
Page 94, Sec. 88, (c) Zoning. It was noted that this section
proposed overlay zoning districts for PCDs and PUDs.
Page 99, (16) Criteria for a PUD waiver. Mr. Hodgkins explained
that criteria for requesting a PUD waiver was proposed. Discussion
Y
0 CITY COUNCIL SPECIAL WORKSHOP MEETING, 3/30/2000 3
ensued regarding whether to establish criteria. Mr. Hodgkins was
directed to keep this criteria in the document.
Page 106, Sec. 91, Mixed Use Planned Unit Development Overlay
District. Mr. Hodgkins explained that this criteria met the intent of
the adopted Comprehensive Plan_
Page 114, Sec. 92, Waivers to planned unit development district
requirements. Mr. Hodgkins explained this language would be
amended based on action taken by the Planning & Zoning
Commission.
Page 117, Sec. 93, Permitted uses, Conditional, and Prohibited
Uses. Mr. Hodgkins explained that these items had been scattered
throughout the code and this section consolidated them into one
place, and the table beginning on page 119 presented the uses in
chart form. Councilperson Clark expressed concern regarding
similar uses, and requested review of these periodically. Areas
where changes had been made or items added were pointed out.
Page 129 -130, Home Occupations: items added since review by
Planning and Zoning Commission were discussed. Visits from
clients were changed to four per day except for academic
businesses.
Councilperson Sabatello referred to page 87, and commented that
reasons should be presented by an applicant as to why they wanted
a waiver, to which the response was that written justification would
be required in addition to compliance with the criteria. Page 94 was
noted to be a good general direction of what the City wanted.
Mr. Hodgkins discussed item 7, page 130, Community Residential
Home, Type 1, and page 131, Community residential home, Type
II, and explained that the State would not allow the City to prohibit
such homes in a residential zoning district. Councilperson Clark
suggested a note in the table of permitted uses on page 119
indicating if State law changed that these items shall be deemed to
conform to the new law. Mr. Hodgkins noted that on page 119 the
assisted living facilities had been moved to high density residential
and commercial zoning districts.
Mr. Hodgkins noted that definitions were located in a separate
section.
0 0013
CITY COUNCIL, SPECIAL WORKSHOP MEETING, 3/30/2000 4
Page 138 -139, Convenience Stores with Gas Sales. Mr. Hodgkins
commented regarding (e) co- location of fast food restaurants with
convenience stores that standards had been inserted to assure that
all in--pacts of those uses would be taken into account.
Page 139 -142 (22) Recreational Vehicle Park, was explained by
Mr. Hodgkins. It was suggested that bathroom facilities and
showers be centralized-
Page 142 -143 - Mr. Hodgkins explained that types of restaurants
had been listed so that some of the more impacting types of
restaurants would be located away from certain types of zoning
districts.
Page 143, (29) Thrift and Used Merchandise Stores. Mr. Hodgkins
explained this kept these types of stores small.
Page 144, (38) Family Day Care. Mr. Hodgkins noted this was
controlled by State statutes. Adult and child day care facilities were
assigned the same standards.
Page 148, (51) Churches and Places of Worship. Mr. Hodgkins
reported Attorney David Kelley had expressed no problem with
regulating large churches and it was proposed to recognize churches
in two categories: those with less than 1,000 permanent seats to be
permitted m any residential zoning district as a conditional use; and
those with more than 1,000 permanent seats to be located in
specified zoning districts as a conditional use. The criteria
presented was reviewed. It was suggested church stores be
limited to religious items.
Page 151, (6 1) Auto, RV, and Boat Storage, Commercial had been
added because of the shortage of space to store such vehicles. Staff
was directed to consider making the percentage of storage to lot
area of the site larger.
Mr. Hodgkins noted that beginning on page 169, (68) Excavation
and Fill and Borrow Pit Operations reflected what the City Council
had recently adopted. It was pointed out that in (68XaX3) `with
the proper planning' should be changed to `without the proper
planning'.
0 A resident of the Boston Company expressed concern regarding
Oy 00'1 -3
CITY COUNCIL SPECIAL WORKSHOP MEETING, 3/30/2000 5
concurrency and timing between processing development order
applications and establishment of concurrency and urged the City
Council to allow concurrency at DRC review to speed the
application process and make plans more accurate. Also requested
was concurrent application processing to allow approval of pods
before the master plan was approved; clarification of Section 24(c)
and Section 25(b); Section 32 (c) and (d); as well as Section 75,
which were discussed.. The representative also expressed concern
regarding Section 88 (3) (b), and (c) which staff agreed to consider.
Dodie Glas, Urban Design Studio, noted they would continue to
work with staff regarding assisted living and consistency with the
Comprehensive Plan and also regarding conditional uses, and would
return if they were unable to work out these items with staff
Mayor Russo announced that another workshop on this subject
would be held, and requested that all concerns be addressed at that
meeting.
The Growth Management Director confirmed that the memo dated
March 27 regarding signage changes recommended by the Planning
and Zoning Commission would be incorporated into the code.
Councilperson Clark suggested definitions be placed in the front
instead ofthe back ofthe code, and that words that were defined be
capitalized within the document to alert users that a definition was
available.
Vice Mayor Jablin provided an update on the sound system and
monitors, and recon-iniended flat screen monitors, which would be
presented at the April 6, 2000 City Council meeting.
Growth Management Director Manning requested that the City
Council meeting scheduled for April 20, which was Passover, be
rescheduled.
CITY COUNCIL SPECIAL WORKSHOP MEETING, 3/30/2000 6
ADJOURNMENT There being no further business to discus, upon motion by Vice
Mayor Jablin, seconded by Councilperson, carried 5 -0, the
meeting was adjourned at 9:20 p.m.
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
•
CHAIRMAN PRO TEM CARL SABATELLO
COUNCILMAN DAVID CLARK
ATTEST:
PATRICIA SNIDER
AS RECORDING SECRETARY
•
•
•
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date:
Meeting Date:
Subject/Agenda Item
Bank Line of Credit
Recommendation /Motion:
Consider a motion to award the Bank Line of Credit to Republic Security Bank.
04/10/00
04/17/00
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
(Total)
City Attorney
Finance
[ ] Approved
$ 0
( ] Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Other
Date:
[ ] Operating
Paper:
[ X] Not Required
[ ] Other
Memorandum
Submitted by:
Kent R. Olson K10V
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
( ) None
Approved by-
City Manager
[ X ) Not required
•
r�
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: April 10, 2000
APPROVED: Nabar E. Martinez, City Manager ,X'
FROM: Kent R. Olson, Finance Director KAv
SUBJECT: Bank Line of Credit
BACKGROUND
The City of Palm Beach Gardens has planned in its fiscal year 2000 Budget to
finance the purchase of park land, a fire truck as well as the construction costs of Fire
Station #3 in the southwest part of the City. In order to avoid the closing costs of several
small borrowings and provide the City with more flexibility, we issued a Request For
Proposal (RFP) for a Bank Line of Credit. This Line of Credit would allow the City to
draw (borrow) up to $10 million over a three year period with a single loan document
rather than initiating a series of small loans. The City sent the RFP to all local banks in
the area.
DISCUSSION
The City received responses that met the Specifications of the RFP from the
banks listed below.
Bank
Republic Security Bank
SunTrust
First Union
NationsBank
Fixed Interest Rate
5.28%
5.39%
5.46%
5.52%
As you can see, Republic Security Bank provided the lowest fixed interest rate for
the loan.
RECOMMENDATION
Staff recommends awarding the Line of Credit to Republic Security Bank.
{� C) C,: 3
•
•
P4 /'(-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 10, 2000
Meeting Date: April 6, 2000
Subject/Agenda Item: Approve- Resolution 28, 2000 authorizing the Mayor to sign
interlocal agreement with Palm Beach County for the North County district park site.
Recommendation/Motion: Consider a motion to approve Resolution 28, 2000
Reviewed by:
Originating Dept:
Costs: $_n!a
Council Action:
Total
City Attorney
Parks and Recreation
[ j Approved
Finance
$ n/a
[ j Approved Yc dmo,
Current FY
ACM
[ ] Denied
Advertised:
Human Res.
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[ ] Operating
Paper:
[ j Other
1. Memo from Parks and
Recreation Director,
and Finance Director.
2. Copy of Interlocal
agreement
3. Projected
development costs.
4. Projected operating
costs.
5. Meeting outline
[ X ] Not Required
history.
Submitted by: Sue Miller,
Director, Parks and
Recreation and Kent
Olson Finance Director
Director
1\ b
Affected parties
[ ] Notified
Budget Acct #::
N/A
( ] None
Approved by:
City Manager
[ ] Not required
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: March 10, 2000
APPROVED: Nabar Martinez, City Manager
FROM: Sue Miller, Director, Parks and Recreation
Kent Olson, Finance Director
SUBJECT: North County District park interlocal agreement
BACKGROUND:
The City of Palm Beach Gardens received a letter from Nancy Graham, President, of the Watermark
Communities, Inc., (WCI) Palm Beach Division, indicating that WCI would be willing to discount
the purchase price of the properties earmarked for the North County District park site, if the closing
date were held on or before April 30, 2000.
In response to that letter, staff has developed an interlocal agreement between the City of Palm Beach
Gardens and Palm Beach County addressing the requirements of each entity in the development of
the park.
Additionally, staff following a meeting between the Mayor, City Manager and Commissioner Karen
Marcus, has formulated projected estimates for the development and operating costs of the district
park. These estimates are based upon the conceptual drawing of the park and were determined by
Parks and Recreation staid the Finance Director and City Manager.
DISCUSSION:
An interlocal agreement, which will address the responsibilities of the City in the development of the
park, is presently being reviewed by the City Attorney. Staff is also in the process of scheduling
meetings to discuss the agreement with each individual council member, along with the City Manager,
City Attorney, and Finance Director.
Following approval of the agreement by the City Council, the agreement will be presented to the
County Commission on April 180' for their approval. At that time, the closing date for the property
is involved in the purchase can be held prior to the April 30, 2000 deadline, thereby enabling the City
to capitaii7e on the discount offered by WCL The discount is $6,750 per acre, or $222,750 for the
33 acres the city is purchasing.
! RECOMMENDATION:
Staff recommends approval of the interlocal agreement with Palm Beach County, which would allow
the City to begin the process to complete the purchase of the property..
CC: City Attorney
•
A
RECOMMENDATION:
Staff recommends approval of the interlocal agreement with Palm Beach County, which would allow
the City to begin the process to complete the purchase of the property.
CC: City Attorney
•
•
3
•
•
•
7— TESTIMATED DEVELOPMENT COSTS FOR NORTH COUNTY DISTRICT PARK 1
,Community Center - 50,000 sq. ft. @ $1251ft
$
6,250,000 '* ]
- Center Furnishings
$
750,000
,Water park
$
3,000,000
Multipurpose fields with lights
$
1,000,000
Parks Equipment storage facility
$
450,000
Amphitheater with rest rooms
I $
350,000
Court complex
90,000
- Covered tot lot
- 6 lighted sand volleyball courts
$
120,000
- 4 lighted racquetball courts
$
100,000
- 4 lighted basketball courts
$
160,000
$
- 2 lighted roller hockey rinks
$
250,000
$
- 1 shade structure
$
15,000
$
Group picninc area
- 2 30'x 60' pavilions
$
175,000
- Covered Tot lot
$
100,000
- Rest room facility
$
50,000
Family picnic area
- 8 15'x 15' picnic pavilions $
125,000 I*
- Pedestrian paths
$
90,000
- Covered tot lot
$
100,000
Recreation Equipment, bleachers, grills, etc.
$
250,000
Upland Nature Trails
$
100,000
Site work - Demolition, clearing and fill
$
1,200,000
Parking
$
300,000
,Drainage
$
1,125,000 y –�
Sewer and Water
$
780,000
Engineering and Architecture
$
500,000
�
,Sub - Total;
k
$
17,390,000
I
15% Contingency
$
2,608,500
F --
.ESTIMATED TOTALS
$
19,998,500
1* = Revenue Generatinq amenities
.7
•
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E
• CHRONOLOGICAL MEETING ORDER
•
DATE
MEETING
ATTENDING
OUTCOME
October
District Park
-PBG Parks and Rec Staff
Discussed elements
20, 1999
Amenities
- Commissioner Marcus
to be developed in
- Representatives from the Town of
the park
Jupiter, Riviera Beach, Juno, North Palm
Beach, Lake Park, Jupiter - Tequesta
Youth Athletic Association
-Jean Creamer, County Administrative
Assistant
November
District park
-Sue Miller
Discussed wants
2, 1999
meeting with Youth
- County Parks Director and Staff
and needs and
Athletic
- Commissioner Marcus
financial
Association
- JTAA President
responsibilities.
Presidents
- North County Little League President
- Jupiter parks staff
- Jean Creamer
January
PBG Parks and
-Sue Miller
Presented
11, 2000
Recreation
-Vice-Mayor Furtado
conceptual plan of
Advisory Board
- Six Board Members
district park to
Meeting
Board.
February
Presentation of
- Sue Miller
Approved
8, 2000
conceptual plan of
- Commissioner Marcus
conceptual plan,
North County
- Jupiter parks staff
realizing that the
District park
- JTAA President
City of PBG was
- Town of Juno Staff
responsible for the
- Jean Creamer
development and
maintenance and
that the park would
be open to all
countv residents.
February
Discussion of
-Mayor Russo
City Manager
24, 2000
further concerns
-City Manager Martinez
committed to a
and questions
- Commissioner Marcus
development and
concerning the
-Sue Miller
maintenance plan,
North County
-County parks staff
and the input of the
District park, and
interlocal
the purchase of all
agreement for the
property by April
purchase of the land
30'', with a 15%
by the April 30th
discount.
deadline
(' C�O�0
•
•
r1
March 13,
Received draft of
2000
interlocal
agreement from
County Attorney.
March 22,
Set up individual
2000
meetings for review
and concerns of the
interlocal
agreement with
Council members
April 6,
Council Meeting to
2000
present interlocal
agreement for
consideration of
approval for
purchase of
property with a 15
% discount by the
April 30, 2000
deadline.
Apr. 18, Palm Beach County
2000 Commission
meeting to approve
interlocal
agreement for
purchase of the
North County
District park
property by the
April 30, 2000
deadline.
Apr. Meet with City,
2000 County and WCI to
close the deal on
the _acres for the
North County
District nark.
Passes the
interlocal
agreement onto
PBG City Attorney,
and Finance
Director for review.
CI
0 0 0u1
RESOLUTION 28, 2000
A RESOULTION 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 INTERLOCAL AGREEMENT FOR THE NORTH
COUNTY DISTRICT PARK; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, City staff has negotiated an agreement with Palm Beach County to purchase
develop and maintain approximately 33 acres of property designated as the North County
District park; and
WHEREAS, the County desires to purchase approximately 82 acres of property
designated for the North County District park that will be developed and maintained by
the City of Palm Beach Gardens: 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 interlocal agreement for the North County District Park.
Section 2. This resolution shall become effective immediately upon adoption
ATTESTED BY:
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN CLARK
COUNCILWOMAN FURTADO
COUNCILMAN SABATELLO
MAYOR JOSEPH R. RUSSO
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
CITY ATTORNEY
AYE NAY ABSENT
0 DRAFT
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF PALM BEACH GARDENS FOR THE CONSTRUCTION AND
FUNDING OF GARDENS DISTRICT PARK
THIS INTERLOCAL AGREEMENT is made and entered into
by and between PALM BEACH COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "County ", and PALM BEACH GARDENS, a Florida municipal
corporation, hereinafter referred to as "City ".
WITNESSETH:
WHEREAS, pursuant to an Option Agreement dated September 3,1998 by and
between City and The John D. and Catherine T. MacArthur Foundation (the "District Park
Option "), the original of which is attached hereto as Exhibit "A ", City has the option to
purchase an approximately 82 acre parcel of property located in Palm Beach Gardens,
Florida, more specifically described in the attached Exhibit "B" (the "District Park Property");
and
WHEREAS, pursuant to a Lease Purchase Agreement dated September 3, 1998
by and between City and The John D. and Catherine T. MacArthur Foundation (the "Lease
Purchase Option "), a copy of which is attached hereto as Exhibit "C ", City has the option
to purchase an approximately 33 acres parcel of property (the "Lease Purchase Property")
located contiguous to the District Park Property; and
WHEREAS, Watermark Communities, Inc. a Florida corporation ("WCI ") is the
current owner of the District Park Property and the Lease Purchase Property (collectively,
the "Option Parcels "), title to which is held subject to the aforementioned options; and
WHEREAS, County and City wish to enter into an agreement to facilitate
development of the Option Parcels for park purposes for the use and benefit of the
residents of Palm Beach County; and
WHEREAS, City has asked County to financially participate in the development of
the District Park Property by purchasing such parcel and leasing it to City for development
as a district park serving the residents of Palm Beach County, which park project, as more
specifically described hereinafter, shall be referred to herein as the "Project "; and
WHEREAS, City desires to design, construct, operate and maintain the Project;
and
•
WHEREAS, exercise of the Lease Purchase Option is a condition precedent to
entitlement to exercise the District Park Option; and
WHEREAS, on March 9, 1999, a bond referendum was passed by the voters of
Palm Beach County for .the issuance of general obligation bonds for the purpose of
financing the acquisition, construction, and/or improvements to certain recreation and
cultural facilities, in the principal amount of $25 Million; and
WHEREAS, on July 27, 1999, County approved a recreation and cultural facilities
project list and proposed funding allocations for the $25 Million Recreation and Cultural
Facilities Bond; and
WHEREAS, the Project represents one such recreation /cultural project enumerated
in the $25 Million Recreation and Cultural Facilities Bond; and
WHEREAS, the Project shall be open to and benefit all residents of Palm Beach
County; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into
Interlocal Agreements with each other to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and
WHEREAS, both parties desire to increase the recreational and cultural
opportunities for residents of Palm Beach County and to enter into this Interlocal
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated herein as
if fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to provide a mechanism for the
County and City to cooperate in the development of the Project and thereby enhance
recreational and cultural opportunities for use by the public. The term of this Interlocal
Agreement shall commence upon the date of execution of this Interlocal Agreement by the
parties hereto and shall expire upon the expiration or earlier termination of the Lease to be
entered into between the parties simultaneously herewith.
Section 1.03 By these presents, City does hereby grant, bargain, sell, transfer and assign
unto County all of City's right title and interest in the District Park Option. This is an
2
10i 0 0 3
C.
absolute assignment. City hereby represents and warrants that the Options are current,
valid, binding upon WCI and in full force and effect and that City is not in default
thereunder and there exists no condition which would prevent or impair the exercise by
County of the District Park Option or the exercise by City of the Lease Purchase Option.
Section 1.04 City represents and warrants that City has budgeted and appropriated the
funding for exercising the Lease Purchase Option and hereby agrees to exercise such
option in accordance with its terms immediately upon approval of this Agreement by
County. Upon receipt by County of acknowledgment from WCI of City having exercised
the Lease Purchase Option, County will exercise the District Park Option.
Section 1.05 The parties acknowledge that WCI has offered to discount the purchase
price of the Option Parcels by $ 6750 per acre in the event the parties close upon the
purchase of such parcels prior to April 30, 2000. The parties further acknowledge that the
closing of the District Park Property is contingent upon the closing of the Lease Purchase
Property. County and City hereby agree to exercise best efforts to ensure such closings
occur by April 30,2000. The parties acknowledge and agree that the maximum the County
will expend relating to the Project is $3,500,000.00. In the event County purchases the
District Park Property but does not receive the benefit of the aforementioned discount, City
shall pay to County at County's closing upon its purchase of the District Park Property (the
"Closing") the portion of the purchase price and Closing costs which exceeds
$3,500,000.00.
Section 1.06 Simultaneously with execution of this Interlocal Agreement, County and
City shall execute and enter into a fifty (50) year lease of the District Park Property in the
form attached hereto as Exhibit "D" (the "Lease "). Either party may terminate this Interlocal
and the Lease in the event the Closing has not occurred by the expiration of the District
Park Option.
Section 1.07 City agrees to design, construct, operate and maintain a public park upon
the District Park Property in accordance with this Interlocal, the Lease and the Conceptual
Master Plan attached hereto as Exhibit "E" (the Conceptual Master Plan ") as the same may
be modified by the final master plan approved by the parties pursuant to Section 2.01
hereof, and in accordance with all applicable federal, state and local laws, rules and
regulations. City hereby warrants and represents that it has full legal authority and
financial ability to design, construct, operate and maintain the Project.
Section 1.08 City shall affix a permanent plaque or marker in a prominent location at the
Project indicating that the County assisted in the development of the Project by purchasing
the District Park Property. Said plaque or marker shall include the County seal and a list
of County Commissioners, unless otherwise directed by the County's Representative. Any
and all signs or other materials which reference the City's involvement with the Project shall
likewise afford equal acknowledgment of County's involvement, participation and
assistance.
3
Section 1.09 The parties acknowledge that the Conceptual Master Plan reflects a
Community Center and Aquatic Facility as part of the Project. City desires to own the
property upon which such facility is constructed. County agrees to consider a future
request by City to exchange title to a portion of the District Park Property for a portion of
the Lease Purchase Property in order to facilitate construction of such facility.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 A conceptual design of the Project and Phase I and II thereof are reflected
in the Conceptual Master Plan. City shall prepare and deliver to County for review and
written approval a final master plan for the Project approved by the City. The final master
plan approved by the County shall be referred to herein as the Approved Master Plan. City
shall design and construct the Project at City's sole cost and expense, in accordance with
the requirements of this Interlocal, the Lease and the Approved Master Plan. City shall
utilize its procurement process for all services required for the Project. Said procurement
process shall be consistent with all federal, state and local laws, rules and regulations.
County shall have no contractual obligation to any person retained by City with regard to
the Project. Any dispute, claim, or liability that may arise as a result of City's procurement
shall be the sole responsibility of City and City hereby holds the County harmless for same
to the extent permitted by law and subject to the limitations of Section 768.28, Florida
Statutes.
Section 2.02 After approval thereof by City, City shall provide a copy of the final design
development plans for each phase of the project to the County's Representative for review
and written approval. County's Representative shall review such plans to ensure
consistency with the intent of this Interlocal Agreement, the Lease and the Approved
Master Plan. County's Representative during the design and construction of the Project
shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation
Department, telephone no. (561) 966 -6685. City's Representative shall be
(Person's Name, Title, City, 561- Number).
Section 2.03 City shall be responsible for all expenses associated with the Project other
than those relating to acquisition of the District Park Property, including, without limitation
those relating to architecture and engineering, site work, utilities, drainage, securing
requisite permits and approvals, and physical construction of the Project. All of City's
construction and improvements shall be made and performed in a good and workmanlike
manner and in full compliance with applicable building codes, zoning regulations and the
provisions of this Interocal, the Lease and the Conceptual Master Plans. City shall provide
County with complete "As Built" plans for each phase of the Project and any Alterations,
as such term is defined in the Lease, upon completion thereof.
Section 2.04 The parties acknowledge that the City shall be entitled to construct the
Project in phases over time.
4
A. Phase 1 of the Project shall contain the following minimum improvements as
depicted on the Conceptual Master Plan:
1. Program Elements including Outdoor Amphitheater, SoccerComplex,
Group Picnic Area, and Upland Preserve.
2. Site Improvements including Outdoor Stage, 3 Restrooms, 3 Soccer
Fields, Bleachers, Shade Structures, 2 Group Shelters, Nature Trails
and Interpretive Signs.
3. Civil work, paving ,grading, and drainage including 300 paved parking
spaces.
4. Fencing, gates and/or other approved means of securing the
Premises and controlling access to the Project.
B. Phase II of the Project shall include the balance of the Project including. the
following minimum improvements as depicted on the Conceptual Master Plan:
1 Program Elements including; Family Picnic Area and Court Complex.
2 Site improvements including; 8 family Picnic Shelters, Tot Lot with
Shade Structure, Restroom, 6 Sand Volleyball Courts, 4 Basketball
Courts, 2 Racquetball Courts, 2 Roller Hockey Courts.
3. Civil work, paving, grading and drainage including 150 paved parking
spaces.
4. Fencing, gates and /or other means of securing access to the Project.
The parties acknowledge that the Approved Master Plan may differ from the Conceptual
Plan and the minimum improvements set forth above. In the event of such a conflict, the
Approved Master Plan shall control and this Interlocal shall be deemed amended to require
construction of the minimum Phase I and Phase II improvements in accordance with the
Approved Master Plan.
C. City shall construct the Project in accordance with the following schedule:
1. Commencement of construction of Phase I of the Project within three
(3) years of the Closing.
2. Completion of construction of Phase I within five (5) years of the
Closing.
3. Commencement of construction of Phase II of the Project within
seven (7) years of the Closing.
4. Completion of construction of Phase II within ten (10) years of the
Closing.
For purposes hereof, commencement of construction shall be defined as issuance of all
requisite permits for the particular phase, execution of a construction contract for such
phase and commencement of demolition and/or site work. For purposes hereof,
completion of construction shall mean completion of construction of the improvements in
5
accordance with the approved plans and specifications, issuance to County by the City's
engineer of record of a certificate of substantial completion, issuance of a certificate of
completion, if applicable, and opening of the facility to the general public for its intended
use as a public park. In the event City fails to construct the Project in accordance with the
above schedule, County shall be entitled to terminate this Interlocal and the Lease.
Section 2.05 City shall not commence construction of any improvements until:
A. County's Representative has approved the final design development
plans for such improvements in writing.
B. City has provided County a duplicate original of the construction
bonds required hereunder.
C. City has obtained all applicable building permits and approvals for all
work to be performed.
D. City has budgeted and appropriated sufficient funds to pay the cost
of such improvements.
Section 2.06 City shall obtain, prior to commencing any work upon the Premises, a public
construction payment and performance bond in accordance with the provisions of Florida
Statute Section 255.05 in an amount equal to the total cost of construction of such work.
Such bond shall name County as an additional obligee thereunder. The form of such bond
and the issuer thereof shall be subject to County's prior review and approval, which shall
not be unreasonably withheld. City shall require all contractors to furnish satisfactory
evidence of statutory Worker's Compensation insurance, comprehensive general liability
insurance, comprehensive automobile insurance, and physical damage insurance on a
Builder's Risk form with the interest of County endorsed thereon, in such amounts and in
such a manner as County may reasonably require. County may require additional
insurance for any alterations or improvements approved hereunder, in such amounts as
County reasonably determines to be necessary.
Section 2.07 In the event that a construction lien is filed against the Premises in
connection with any work performed by or on behalf of City, City shall satisfy such claim,
or shall transfer same to security, within ten (10) days from the date of filing. In the event
that City fails to satisfy or transfer such claim within said ten (10) day period, County may
do so and thereafter charge City, and City shall promptly pay to County upon demand all
costs incurred by County in connection with the satisfaction or transfer of such claim,
including attorney's fees. Further,- City agrees to indemnify, defend and save County
harmless from and against any damage or loss incurred by County as a result of any such
construction lien.
ARTICLE 3: FUNDING
Section 3.01. City shall budget and appropriate the funds required for construction of the
6
tl 0 0 .:1'0'13
•
Section 1.09 The parties acknowledge that the Conceptual Master Plan reflects a
Community Center and Aquatic Facility as part of the Project. City desires to own the
property upon which such facility is constructed. County agrees to consider a future
request by City to exchange title to a portion of the District Park Property for a portion of
the Lease Purchase Property in order to facilitate construction of such facility.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 A conceptual design of the Project and Phase I and II thereof are reflected
in the Conceptual Master Plan. City shall prepare and deliver to County for review and
written approval a final master plan for the Project approved by the City. The final master
plan approved by the County shall be referred to herein as the Approved Master Plan. City
shall design and construct the Project at City's sole cost and expense, in accordance with
the requirements of this Interlocal, the Lease and the Approved Master Plan. City shall
utilize its procurement process for all services required for the Project. Said procurement
process shall be consistent with all federal, state and local laws, rules and regulations.
County shall have no contractual obligation to any person retained by City with regard to
the Project. Any dispute, claim, or liability that may arise as a result of City's procurement
shall be the sole responsibility of City and City hereby holds the County harmless for same
to the extent permitted by law and subject to the limitations of Section 768.28, Florida
Statutes.
Section 2.02 After approval thereof by City, City shall provide a copy of the final design
development plans for each phase of the project to the County's Representative for review
and written approval. County's Representative shall review such plans to ensure
consistency with the intent of this Interlocal Agreement, the Lease and the Approved
Master Plan. County's Representative during the design and construction of the Project
shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation
Department, telephone no. (561) 966 -6685. City's Representative shall be
(Person's Name, Title, City, 561- Number).
Section 2.03 City shall be responsible for all expenses associated with the Project other
than those relating to acquisition of the District Park Property, including, without limitation
those relating to architecture and engineering, site work, utilities, drainage, securing
requisite permits and approvals, and physical construction of the Project. All of City's
construction and improvements shall be made and performed in a good and workmanlike
manner and in full compliance with applicable building codes, zoning regulations and the
provisions of this Inter-local, the Lease and the Conceptual Master Plans. City shall provide
County with complete "As Built" plans for each phase of the Project and any Alterations,
as such term is defined in the Lease, upon completion thereof.
Section 2.04 The parties acknowledge that the City shall be entitled to construct the
Project in phases over time.
4
Mapplicable phase of the Project prior to commencing construction, and shall thereafter
budget and appropriate funds each year during the term of the Lease for annual operation
and maintenance.
Section 3.02 Upon completion of construction of each phase of the Project, City shall
provide County with a final payment affidavit and release of lien from the City's contractor
and all subcontractors evidencing payment in full of all costs and expenses relating to
design and construction of the Project.
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 The Project and all improvements and Alterations made by City shall be and
remain the property of City during the term of the Lease. Upon expiration or earlier
termination of the Lease, title to the same shall vest in accordance with the terms of the
Lease.
Section 4.02 City shall operate and maintain the Project as a public park for use by the
general public for the term of the Lease in accordance with the terms of this Interlocal and
the Lease. City shall not alter or modify the Project without the prior written consent of
County, which shall not be unreasonably withheld. Notwithstanding the foregoing, County
shall be entitled to withhold consent for any request which proposes to utilize the District
Park Property for other than park purposes. City shall maintain the Project in accordance
with the Lease and industry standards for such facilities to prevent undue deterioration and
to encourage public use. City shall be responsible for all costs, expenses, fees and
charges, and liability related to the operation and maintenance of the Project. City shall
not transfer management of the Project to a third party without the written consent of the
County.
ARTICLE 5: USE OF THE PROJECT
City warrants that the Project shall serve a public recreational or cultural purpose and be
open to and benefit all residents of Palm Beach County and shall be available thereto on
the same cost and availability basis as to residents of City. City shall not discriminate on
the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status
or sexual orientation with respect to use of the Project, nor shall City discriminate as to
residency of users in establishment of its admission fees or membership criteria.
ARTICLE 6: TERMINATION FOR NON - COMPLIANCE
• The County may terminate this Interlocal Agreement upon written notice to City for non-
7
•
compliance by City in the performance of any of the terms and conditions as set forth
herein or in the Lease in the event City does not cure said non - compliance within ninety
(90) days of receipt of written notice from the County of such non - compliance. Further, if
City does not cure said non - compliance within the time frame specified above, then County
shall have the right to cure such non - compliance and may require City to reimburse any
funds so expended. The terms, covenants, and conditions of the Lease are incorporated
herein by reference and made a part hereof. Any default under the Lease shall constitute
a default hereunder. In the event of a conflict between the terms of this Interlocal and the
Lease, this Interlocal shall control.
ARTICLE 7: INDEMNIFICATION
It is understood and agreed that City is an independent contractor and is not an agent,
servant or employee of County or its Board of County Commissioners. City shall to the
extent permitted bylaw, indemnify, defend and save harmless the County from and against
any and all claims, suits, actions, damages and/or causes of action arising during the Term
of this Interlocal for any personal injury, loss of life, environmental contamination, and/or
damage to property sustained in or about the Project by reason, during or as a result of the
use and occupancy of the Premises by the City, its agents, employees, licensees, invitees
and the general public, and from and against any orders, judgements, and/or decrees
which may be entered thereon, and from and against all costs, attomey's fees, expenses
and liabilities incurred in and about the defense of any such claim at trial or on appeal. In
the event County shall be made a party to any litigation commenced against City or by City
against any third party, then City shall protect and hold County harmless and pay all costs
and attomey's fees incurred by County in connection with such litigation, and any appeals
thereof. Notwithstanding anything herein to the contrary, City shall not be obligated to
indemnify or hold harmless County for matters which are judicially determined to be
attributable to the negligent or intentional acts or omissions of County. City recognizes the
broad nature of this indemnification and hold harmless clause, and voluntarily makes this
covenant and expressly acknowledges the receipt of good and valuable consideration
provided by the County in support hereof in accordance with the laws of the State of
Florida. This section shall survive the termination of this agreement.
ARTICLE 8: INSURANCE
Section 8.01 Without waiving the right to sovereign immunity as provided by s.768.28 f. s.,
CITY acknowledges to be self- insured for General Liability and Automobile Liability under
Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and
$200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth
by the legislature.
8
Section 8.02 In the event CITY maintains third -party Commercial General Liability and
Business Auto Liability, in lieu of exclusive reliance of self- insurance under s.768.28 fs.,
CITY agrees to maintain said insurance policies at limits not less than $500,000 each
occurrence. CITY agrees to add the COUNTY as an "Additional Insured" with a CG
2026 Additional Insured - Designated Person or Organization endorsement, or similar
endorsement, to the Commercial General Liability. The Additional Insured endorsement
shall read "Palm Beach County Board of County Commissioners, a Political Subdivision
of the State of Florida, its Officers, Employees and Agents, c/o Parks & Recreation
Department. CITY agrees the Additional Insured endorsement provides coverage on a
primary basis. Claims -bill indemnification style coverage shall not be considered third -party
liability for the purpose of this paragraph.
Section 8.03 CITY agrees to maintain or to be self- insured for Worker's Compensation
& Employer's Liability insurance in accordance with Florida Statute 440.
Section 8.04 CITY agrees to maintain property insurance, which would include builder's
risk insurance provide by CITY or CITY's hired contractor, while the project is in the course
of construction in an amount at least equal to the estimated completed project value as
well as subsequent modifications of that sum. CITY agrees to endorse COUNTY as an
"Additional Insured" on the builder's risk. When construction is completed, CITY agrees
to maintain all -risk property insurance for adequate limits of coverage on the building(s)
and contents based on CITY's replacement cost calculation, or the highest probable
maximum loss estimate for the perils of either fire, wind, or flood. CITY agrees to be fully
responsible for any deductible, uncovered loss, or self- insured retention.
Section 8.05 When requested, CITY agrees to provide a statement or Certificate of
Insurance evidencing insurance, self- insurance and/or sovereign immunity status, which
COUNTY agrees to recognize as acceptable for the above mentioned coverages.
Section 8.06 Compliance with the foregoing requirements shall not relieve CITY of its
liability and obligations under this Agreement.
Section 8.07 CITY agrees it's self- insurance, general liability, automobile liability, and
property insurance shall be primary as respects to any coverage afforded to or maintained
by COUNTY.
ARTICLE 9: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in
and for Palm Beach County.
ARTICLE 10: MISCELLANEOUS
9
Section 10.01. Captions. The Captions and section designations p p herein set forth are
for convenience only and shall have no substantive meaning.
Section 10.02. Severability. If any term or provision of this Interlocal Agreement, or the
application thereof to any person or circumstance, shall to any extent be held invalid or
unenforceable, the remainder of this Interlocal Agreement, or the application of such
term or provision, to any person or circumstance other than those as to which it is held
invalid or unenforceable, shall not be affected, and every other term and provision of
this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted
by law.
Section 10.03. Entirety of Agreement. This Interlocal Agreement represents the entire
understanding between the County and City, and supersedes all other negotiations,
representations or agreements, either written or oral, relating to this Interlocal
Agreement. None of the provisions, terms and conditions contained in this Interlocal
Agreement may be added to, modified, superseded or otherwise altered, except by
written instrument executed by the parties hereto.
Section 10.04. Non - exclusivity of Remedies. No remedy herein conferred upon any
party is intended to be exclusive of any other remedy, and each and every such remedy
shall be cumulative and shall be in addition to every other remedy given hereunder or
now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall preclude
any other or further exercise thereof.
Section 10.05. Time of Essence. The parties expressly agree that time is of the
essence in this Agreement and the failure by a party to complete performance within
the time specified, or within a reasonable time if no time is specified herein, shall, at the
option of the other party without liability, in addition to any other rights or remedies,
relieve the other party of any obligation to accept such performance.
Section 10.06. Non - Discrimination. The parties agree that no person shall, on the
grounds of race, color, sex, national origin, disability, religion, ancestry, marital status,
or sexual orientation be excluded from the benefits of, or be subjected to any form of
discrimination under any activity carried out in the performance of this Agreement.
Section 10.07. Construction. No party shall be considered the author of this
Agreement since the parties hereto have participated in extensive negotiations and
drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms
of this Agreement shall not be strictly construed against one party as opposed to the
other party based upon who drafted it. In the event that any section, paragraph,
sentence, clause, or provision hereof, shall be held by a court of competent jurisdiction
to be invalid, such shall not effect the remaining portions of this Agreement and the
10
9 , same shall remain in full force and effect.
Section 10.08. No Broker. The parties each warrant to the other that no real estate
broker or agent has been used or consulted in connection with the transaction
contemplated by this Agreement. City agrees to indemnify, defend and hold harmless
County from and against any claims or demands of any such salesperson, agent, finder
or broker claiming to have dealt with the City. The foregoing indemnification shall
include all costs, expenses and fees, including, reasonable attorney's fees, relating to
the defense of-any such claim or demand at trial or appeal.
Section 10.09. Assignment. No party to this Agreement may assign this Agreement or
any interest herein without the prior written consent of the other party(s), which may be
granted or withheld at such other party(s) sole and absolute discretion. This provision
shall be construed to include a prohibition against any assignment, by operation of law,
legal process, receivership, bankruptcy, or otherwise, whether voluntary or involuntary.
Section 10.10. Default. In the event Seller fails or refuses to perform any term,
covenant, or condition of this Agreement for which a specific remedy is not set forth in
this Agreement, County shall, in addition to any other remedies provided at law or in
equity, have the right of specific performance thereof.
Section 10.11. Governing Law & Venue. This Agreement shall be governed by,
JO construed and enforced in accordance with, the laws of the State of Florida. Venue in
any action, suit or proceeding in connection with this Agreement shall be filed and held
in a State court of competent jurisdiction located in Palm Beach County, Florida.
Section 10.12. Binding Effect. This Agreement shall be binding upon, and shall inure
to the benefit of, the parties hereto and their respective legal representatives,
successors and permitted assigns.
Section 10.13. Waiver. No waiver of any provision of this Agreement shall be effective
against any party hereto unless it is in writing and signed by the party(s) waiving such
provision. A written waiver shall only be effective as to the specific instance for which it
is obtained and shall not be deemed a continuing or future waiver.
Section 10.14. Incorporation by References. Exhibits attached hereto and referenced
herein shall be deemed to be incorporated in this Agreement by reference.
Section 10.15 Notices. All notices and elections (collectively, "notices ") to be given or
delivered by or to any party hereunder, shall be in writing and shall be (as elected by
the party giving such notice) hand delivered by messenger, courier service or Federal
Express, or alternatively shall be sent by United States Certified Mail, with Return
Receipt Requested. The effective date of any notice shall be the date of delivery of the
notice if by personal delivery, courier services or Federal Express, or if mailed, upon the
date which the return receipt is signed or delivery is refused or the notice designated by
11
the postal authorities as non - deliverable, as the case may be. The parties hereby
designated the following addresses as the addresses to which notices may be
delivered, and delivery to such addresses shall constitute binding notice given to such
party:
As to the County:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, FL 33461
With a copy to:
Director of Property and Real Estate Management
Palm .Beach County
3323 Belvedere Road
Building 503
West Palm Beach, FL 33406 -1548
With a copy to:
County Attorney
Palm Beach County
301 North Olive Avenue
Suite 601
West Palm Beach, FL 33401 -4791
As to the City:
Title
City of Palm Beach Gardens
City Hall: 10500 N. Military Trail
PBG Gardens, FL 33410
Any party may from time to time change the address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the
other parties.
Section 10.16. Effective Date of Agreement. This Agreement is expressly contingent
upon the approval of the Palm Beach County Board of County Commissioners, and
shall become effective only when signed by all parties and approved by the Palm Beach
County Board of County Commissioners.
Remainder of page was left blank intentionally.
12
•
•
•
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
ATTEST:
By:
Clerk
ATTEST:
DOROTHY H. WILKEN, CLERK
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
PALM BEACH GARDENS
By:
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
r- aiIII D"-d rl uaraenS- AHOmey
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Chair
By:
County Attorney
F:\ COMMON\ ATY\WPDATA\ GENGOVi1HFALCON \Parks\Interlocal -Parks (3/13/2000)
13
�1i _:
Denise Distel Dytrych
County Attorney
P.O. Box 1989
West Palm Beach, FL 33402 -1989
(561) 355 -2225
Suncom: (561) 273 -2225
FAX: (561) 355 -4398
www.co.paim-beach.fl.us
■
Palm Beach County
Board of County
Commissioners
Maude Ford Lee. Chair
Warren H. Newell, Vice Chairman
•
Karen T. Marcus
Carol A. Roberts
Mary McCarty
Burt Aaronson
Tony Masilotti
County Administrator
Robert Weisman
-An Equal Opportunity
Affirmative Action Employer-
eaprinted on recvcled nano.
March 14, 2000
Via Hand - Delivery
Sue Miller
City of Palm Beach Gardens
4404 Burns Road
Palm Beach Gardens, Florida 33410
Re: Palm Beach Gardens District Park
Dear Ms. Miller:
Enclosed herewith please find drafts of the Interlocal and Lease relating to the above -
referenced matter. Please contact us to discuss the documents after you have had an
opportunity to review them.
Very truly yours,
Howard J.
Assistant County Attorney
HJFIII:cmm
Enclosures
cc: Defuse D. Dytrych, County Attorney
Gordon P. Selfridge, Chief Deputy County Attorney
Jean Creamer, Assistant County Administrator
Dennis Eshleman, Director, Parks & Recreation Department
Tim Granowitz, Principal Planner, Parks & Recreation Department
Ross C. Hering, Director, PREM
G:\ COMMON \ATTY\WPDATA \GENGOVT\HFALCON\Mil ler.itr
•
LIST OF EXHIBITS
EXHIBIT A District Park Option
EXHIBIT B Legal Description of District Park Property
EXHIBIT C
EXHIBIT D
EXHIBIT E
•
•
Lease Purchase Option
Lease
Conceptual Master Plan
0
L�0 "' J
•
EXHIBIT A
(Interlocal)
District Park Option
•
40
•
EXHIBIT A" TO
PALM BEACH GARDENS
DISTRICT PARK INTERLOCAL AGRFFT,�T
OPTION AGREEMENT
THIS AGREEMENT ( "Agreement ") is made and entered into this 3 _ day of
. 1998, by and between The John D. And Catherine T. MacArthur Foundation,
an Ilinois not - for -profit corporation ("FOUNDATION') and the City of Palm Beach Gardens,
a Florida municipal corporation ('CITY").
WITNESSETH:
WHEREAS, FOUNDATION is the owner in fee simple of that certain real property
located In Palm Beach County, Florida, more particularly described in Exhibit "A" attached
hereto and made a part hereof, together with all easements, rights of way and other
appurtenances now or hereafter belonging or In anyway appertaining thereto. hereinafter
referred to as the "Option Property," and
WHEREAS. FOUNDATION intends to grant unto CITY an option to purchase the
Option Property upon terms and conditions which shall be mutually agreed upon by the
parties (the "Option ").
NOW, THEREFORE, FOUNDATION, for and in consideration of Ten and Noll 00
Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, hereby grants unto CITY the Option to purchase the Option
Property under the terms and conditions set forth below.
1. Rodtala. The above recitals are true and correct and are hereby
Incorporated as part of this Option Agreement.
2. Sross- Default. The parties have entered Into that certain Lease- Purchase
Agreement dated May 8, 1998 (the "Lease - Purchase Agreement"). The parties agree that
should a material default occur with respect to the Lease - Purchase Agreement, or any of
the agreements attached thereto. such default, if material to the non - defaulting party. shall
be considered a default as to the Option Agreement and shall relieve the non - defaulting
party from all obligations and responsibilities set forth in the Option Agreement.
3. Term of Ootion. The term of this Option shall be four (4) years, commencing
on June 15, 1998 and ending June 15, 2002 (the "Option Period ").
4. Exercise of_Ontion. CITY may exercise this Option at any time before the
expiration of the Option Period. CITY may not exercise this option in the event CITY has
been in material default under the Lease - Purchase Agreement. CITY may not exercise
this Option prior to Closing the Contract for Sale and Purchase on that property which is
the subject of the Lease - Purchase Agreement.
5. 1WmG of Purchase. Upon CITY exercising its. Option as set forth herein,
FOUNDATION agrees to sell and CITY agrees to purchase the Option Property according
to terms and conditions as set forth In Exhibit "B" attached hereto. The parties �reit
the terms and conditions set forth in Exhibit "B" may be amended or modified as mutually
agreed to by the parties. No amendment or modification shall be binding upon the parties
unless In writing, signed by both parties.
6. Notice. All notices, demands, requests and other communications hereunder
shall be in writing and shall be deemed to have been given if delivered personally, or sent
by registered or certified mall, return receipt requested, postage pre -paid to FOUNDATION
or CiTY at the address as follows: CITY: 10500 N. Military Trail, Palm Beach Gardens,
Florida 33410. ATTN: Bobbie Nerakovich; FOUNDATION: c/o Steve Cohen, Esq., 4400.
PGA Boulevard, Suite 900, Palm Beach Gardens, Fi 33410 -9880.
Any notice given in accordance with the provisions of this paragraph shall be
deemed to be effective upon receipt. Each party may give notice to the other party of any
change of its address for the purpose of giving notice under this paragraph, which
thereafter, until changed by like notice, shall be the address of such party for all such
purposes of this Contract. .
7. -Agreement Not to Encumber. FOUNDATION hereby agrees that it will not,
without the prior written consent of CITY, (i) encumber the Option Property with mortgages,
liens or other monetary encumbrances; (ii) enter Into any development or annexation
agreements or any other agreements whatsoever in connection with or affecting the Option
Property; or (iii) otherwise modify, alter or amend any existing encumbrance affecting the
Option Property.
8. Assignment and Convevance. FOUNDATION hereby consents to assignment
by CITY of its rights and obligations hereunder as to the Option Property, or any portion
thereof, to Palm 13each County or any other governmental agency of the County or State.
CITY hereby consents to assignment by FOUNDATION of its rights and obligations
hereunder. The parties agree that should CITY or FOUNDATION Intend to exercise its right
to assignment as set forth herein, it shall notify the other, in writing, prior to executing said
assignment.
Further. CITY consents to conveyance of the Option Property, or any portion thereof
by FOUNDATION; the parties agree that as consideration for the FOUNDATiON's absolute
right to convey, that FOUNDATION shall. prior to conveyance of the Option Property. or
any portion thereof, expressly notify the grantee, in writing, of Its obligations pursuant to
the Option Agreement and FOUNDATION shall obtain, in writing, said grantee's consent
to assume the responsibilities and obligations of FOUNDATION hereunder, copies of which
shall be provided to CiTY.
9. Governina Law: Venue: Jurisdiction. This Agreement and all transactions
contemplated by this Agreement will be governed by. and construed and enforced in
accordance with. the internal laws of the State of Florida without regard to principles of
conflicts of laws.
2
+ X15
The parties acknowledge that a substantial portion of negotiations,
anticipated performance and execution of this Agreement occurred or will occur In Palm
Beach County, Florida, and therefore, without limiting the jurisdiction or venue of any other
federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that
any suit, action or legal proceeding arising out of or relating to this Agroement will be
brought in the courts of record of the State of Florida in Palm Beach County or the court
of the United States, Southern District of Florida; (b) consents to the jurisdiction of each
court in any suit, action or proceeding; and (c) waives any objection which it may have to
the laying of venue of any suit, action or proceeding in any of such courts.
10.. Enforcement Costs. If any legal action or other proceeding is brought for the
enforcement of this Agreement, or because of an alleged dispute, breach. default or
misrepresentation in connection with any provisions of this Agreement the successful or
prevailing party will be entitled to recover reasonable attorneys fees, court costs and all
expenses even if not taxable as court costs (including. without limitation, all such fees,
costs and expenses incident to appeals), incurred in that action or proceeding, in addition
to any other relief to which such party or parties may be entitled.
11. efault. In the event FOUNDATION fails or refuses to perform the provisions
of this Option Agreement on the FOUNDATION'S part to be performed. the CITY may
proceed at law or in equity to enforce its legal or equitable rights, including specific
performance, under this Option Agreement. If CITY falls to duty perform its obligations
under this Option Agreement, the FOUNDATION may proceed at law or in equity to
enforce its legal or equitable rights under this Option Agreement.
12. Caption. - Headings and Section -Numbers. The paragraph headings
appearing in this Option Agreement are Inserted only as a matter of convenience, and In
no way are intended to define, limit. construe or describe the scope or Intent of such
paragraphs of this Option Agreement, nor in any way affect this Agreement.
13. Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective legal representatives, successors and
assigns.
14. Aareemeptio Use Good Faith. The patties agree to use Good Faith and
best efforts to meet their obligations herein.
15. gig. Upon full execution of the Option Agreement FOUNDATION and
CITY shall execute and acknowledge a Memorandum of Option Agreement in the form
attached hereto as Exhibit "C" which shall be recorded In the Public Records of Palm
Beach County. Florida, at CITY's sole option and expense.
0 SIGNATURES TO FOLLOW
3
•
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carnmitmertt or. aM1a did(aa efrad fails to n«I M tows and cw itiou of to emamibma Ma oidw Pry fweaAm by mit "ve b der eel er,
may cancel Ivk Comas wd BYyer chap be rc& ded !ter dtposkst or (b) T1r adst4( warWv 4sxw; d la Panpspb If(ek above. bas (CHECK ONLY
ONEY I 14 vwlabla iMwat rau; or I I a fund Itbm" Noe of % per wawa. M imp of dde kwu(e , soma Grad kilwvaaf nts we subject a
k4t"tK; i(;maettod, tw nk shah tat c = __' Y. pw wwau. Sella 9A w(t,ian/a &ys aflw E(r cliw Datk tlwwldn a wa.anaA Ron oath
nompIto sutin( the ptieclpal befwwk anttW of peymat( iotaoo nI and ribs of swasPe. I( .stay. h•a .peed to pavan" a worltate of" rovim approval
of Buyct by the mNA(a(ae far aawnpioq fan &yw dwll Promptly ob(ai. M nsocomy appficeim and dJlltenty complow and nw m k b she
mat(e(oe. Atty -"ate dwtKv) aal b aaeoed S shag be pad by bqw If bsyw It no( &"wd by magatoa er the
ro"kemrnH fa asmmp4oa arc swl In aooa44nw with dw Irwv of " Could at tarmt(s(ea n"I:w • dwgf in accts of ttc shed morn( ScRa or
1wyct may repcw Ais Coaead Ivy wring n36rw b M efts. p.rty trduc aitrw elects b pay dw lmuvaea M ..;w..A cwk or sxoea tworrdap charm
TITLE EVIDENCE: At lust _ days before clos;nf data, bA ao ca6w tm days.Aar 6etlr .wdvw tarielan stodfieadet tw/ Bvyar ltas oblbwd
Io A co itmut or 1w beat appmvcd for fw teas assumption u provWad is Parapephv IV(s) a (b), obovo, x. If apprkahk vwhed M A n•^dvf eogdrrawowe+.
IIECK ONLY ONE):f 1 Stag shot N SdWs expave. ddivw b liuyw or Bsyda .Rome/ or (XI buyw slaq N prey.'s -p-m om4-
1IECK ONLY ONE) j I ahstact of Gtk or Wj ide btwwwce -- %4onatt (wilt fog" corks of ;antracw Noted as ero.p6cm atucf, d thaeb) anA. atlw
uiiV. ca owns/& policy of lick knows.
CLOSING DAT& TNa •wae6m Awe M dowel @M boo deed sad od,welodng papas 4cavered ea
lac ft"Ilod by odwr pro,i Tom of" CaataeL
t RESTRICTIONS; EASEMENTS; LIMRATIONS: buy. alas Ike dde wA jed to: oanp.hwivs load to ONK mwm ccstk4ortr( pr-f-w om ant otvw
rdraomb imposed by Sovam m" md"dy. foodai m and aw emm sppew;od on b Pfd or otbrwin oaww m b fw mbfMshm pvt4c r6lity eaa a o
rtMd (tavawads wo ro ht lom$wl casiguaw p Real Pmpaty fins and nol mate 6m 14 fed Is *W& es b M rev of fro•. ram and 7 In fed is
dtt r to d,c side Gnv, tmko elhemUe s(sld herein} Ices for )c'a of dodst and vbooq" Y*K>C aaawwed tnanp(ea and IMXVI* • ewortey vteoett•g�
arty (f addtiond i(anA sac soda -Amt pm%idad tut f,aa aenb N doff b vie sdm of tw beKd4 ad nom Pcob tae of Ilaa Pwpay
• � 1 rwPa•dl
IL OCXVFANG•Y: Sdkr wvu..nb that Iftwa ON NO Pe41e1 In occuPOKY 06W dw Salle, bow U PcoPwty IN itavd.d b boa twhd or occupied Lgod dwin(, ttw
x sod Ismn dtwta( am the knmKa) or oowpwb chap W &%loved ptwvoad is 34adar4 F. Sella A4 44vw oompe wy of FfoPay Is BY)Q N ins of omiw
less ndterwim vuk4 hacim If crccrpomy to to M ddtv.vd bafine cMsi,f. 11ryw amnia d dots of low b hop" Aare dew of ompmwy. Ahdl M cc►_' -;^-Ic
1 "a (at tnaiokna wt from f d &K wd tdaa ba deawed b htve seoepted rmpaty iK lb edsdt&4 audit;= as of haw of Iking oc<apency ralca odmvetN tined Iwcik
TWEWRITTEN OR IIA140WRITTLK rROV13101IS: T"ewitles or MndwfWm Pr vial 64aa cad a4d.ndt sh•R c.ntntl all p.iakd (rOVi+lr.w of
a 0moct in imtmcl with t,am
RIORRS: (d1ECK ttom tWers w(tidr wv • AND ate uwdod to "s Coftved�
(a) ( I COASTAL CONSTRUCTION CONTROL LINE (d) 1 1 VA0fA W ( 1 HOMEOWNERS AIMOC1AT10N DiSCLMRE
(b)1 I CONDOMINIUM (a) 1 1 INSULATION (t) 1 I RES W OMAL LSAI"ASE HAZARD DISCLOSURE
(y ( I FOREIGN INVESTMENT IN "AL PROPERTY TAX ACT (1) ( I'AS IV (4 1
ASSIGNABILITY: (CHECK ONLY ONE: Bryw O(Imay auip wd f mvby be vdeawd lips s" Rxttw 4a wq ww r try cut cq Imay ssA(n Ue " be
axd Gore "6ty wrd.r ttiv Cants. of I 1 my act -fir tfw Conk'a
L DISCLOSURES: pcpascd w $
(e) Radon is a aabraay oc^cvwrw naioacdvv Spa dal wbn acatwtalated ds a buaAM it w tr#c6m jewAda may r...:.:, heddt data b pastas v&* * m
over lint. f e"lo of noon dw mcood A&W and KIN e.Wifl W IN." beat (owd bt Wlliap k Florid.. Ad W*W ldaattadoa rgrdla! Radoa w R*4m
kstinl tmy he Qw6cd hom yw c—ity Pwbile Half oaiL
(h) Buyer may Mw dcwminod fw anagy fW—v -Qw of" I"Amial bwu;n& if any is baud of M Reel pro?".
Icl If the Rnl Property i KhWY pre.197f "d*,Ad hooaint f.n Pwapvplt X (h) to anandaswy.
IL MAXIM UM REPAIR (;OATS: Sqj dYR arot M aapamitok fa I-34 "As s M awv: ot:
(a) 1 fbt teeMd sad npek vrvtw twrdwd O (Ililrk M 271 of M Pw'daaa Mu}
) R f r.�r.ad �lanar,.wt awdt QWlad N (If M•cdi dew 1K e(ti Pw dw" Prlae).
Y. xrRt1A1. CI:Xy)tRNt- Annkshm it sJ&O.W 6m, wr 6 be p,-,WA stud. addtnfw sad ONRCK IaRRKI.
1� it INTf.MSF.O TO Rf. A I.F.GAU.Y INMSINO CONTRACT. IF NOT FUU.Y Urmf7liT000. SUIC TIIK ADVICE OF AN ATTORNRY rRIOR TO flftelrltl.
11115 MKM IIAS BEEN APPROVED BY Tile FLORIDA ASSOCIATION OP REALTORS AND THE FLORIDA BAR.
.,,n -A I,.Ka +,at c.natiwu an orhion Mt any of M an
tans rd md o dam in tti. coed A, uw IN oc-pud by tw paAKa In a putimlr taavdior� Tana and
CrY,d111Mf .hostel M ae ol.eeod h.a.d Ypon M h. 6.. iiYateel e6iecdvee sad MrlKaJat �°sii°"e of aIf in..teed pn.on..
COPYRIOI IT 1993 8Y TI IE FLORIDA OAR ANO THE fl OR10A AS30C(A ON OF REALTORS
i.l S.cunry ax T.c I.D. n
3o-w fi a;ty or Tun ID. f
;T-1 City Manager (0•'•1 (344) ( ?) Ct
:w Scaxity a T4x I.0.9 Soda. S.adry or Tax LO. t
P0.14 und< P...rnph 11(.) r<ulvd- IF OTHER THAN CASIL TURN SUBIECT To CLEARANCIL -HLA
OK [R•r rt f, The O...k «. wn.a Mle W. tncwdfnc Il.d.,s ...s KooP -r.Ana w.ok..a •n c,. entr h. —01— ..le rd.
r.«...ct .n..t..._u.,. None
'ONTUCT FOR SALE AND PUk
1ASE FLORIDA A&SOC'IATION OF RHALTOI .1D THE FLORIDA EAR
iRTISS. John_ D. -?knd__CatherinQ T Ma thuy .Founda►tion _
/ t 900. P13G, FIt_ - — Cscttcr3
..S.:.SL eYP CS�hen , E>ss�_i Q 4 00 P�� �13t�i�.�
j_ty —p - -Palm BP h Gardens, a Florida Municipal cprpp ion
16
100 N. lyilitarv= Tr, , Palm Beach Oardents, FL 33410 (rw-)
.a Una( Seller dull felt a..d Quya dull wr the follovnaa do.on'4.d Recd Property a..d Pci.oaal Propcdy (c*U9d;`vJr' 7ropertYl "pa" 0 foll�..� te�ree.. awd eo.4;ti w�
I.lc St.tdardd for Real Palate Tartaactiom (- $(andardUv ') on (hc trvaw side kcrog at atlad.ad honxo wed niche and addo+da to Wit Contncj for Sak and Pwc .t.c a
DESCRIMON: rca n
(a) Legal dcscripl;oe of the Rai Property located in Palm Beach County. Placid&:
_parcel 31, more _par ticularly described in Exhibit "All attached_ hArtQ.
(b) Street addrtsA. city. sip, of dtc Property is: Mnn A —
(c) Pasanal Prnpaty N/A -
PURCHASEPRICE ............. .......... ............................... ............................SAC
PAYMENT: tgtlhe_ d_ /ldrip
-(a) Deposit held in escrow by N/A in 6e amount 44
(h) AddigorW escrow deposit to be made widik , days after Effective We (as dofvwd in Paragraph III) is the amorurt oft
(e) Subjod to AND uwmption of t3dsting mortgage in good ctsmirtg in favor of -N /A
1.avirq an approximate presont principal balame of ........................ ..............................S
(d) Purchase money mortgage and note to Seller (sec adda(dum) in the amount of ... ............................... S
(c) Odtc -. -N /A - . $
(Q Balance to elwte by .S. cash, LOCALLY DRAWN catified ar cuhlces dwck a dtird-poty1oak subjed b adjustnerrts a ptorstioro f_
TIME FOR ACCEPTANCE OF OFFER. EFFECTIVE DATE; FACSIMILE: It Gs o(fa b rtol tyMKOd by .rd delivered s all parties, OR FACT
C(TTION communicated in writing botwom dto parties of or before . be doposit(s) will at Duyves option.
nod and dtis offer widtdrawn. The date of Con"d (' Effective_ Date-) will be the dak whoa be last one of dtc Buys and Sella has irdnod his off
=!rnile copy of this Contract uA any signatums lxrooa shall be oonridaad for all purposes as origimb.
FINANCING:
(a) If the Purchase Price or any part of it is to be f6sacod by a dar+d -party low% dds Contract is conditioned oa Bu)W obbdeing a Vvitsm commiWswo wid
n/a days after Effective Date for (CHECK ONLY ONE): ( lafixc&f ) sn adjusasWc; of ( 1 a fbwd or adiwab a fXM Iona is 6o Prindpsl &mown
S _ at an (real i d=st tau cot W cx d _ n /a , discos and ait"tion fo
t to excM! U. of tic principal amount, and for a tam of jam. )oars. Buyer will :treks application widtin ML& days aft
ive Dalc sad earn rce_votubic diligc me b obtain a loan commitment ar4 dxtraAa, lo satisfy :arms and conditions of !ao eotnaitcead and close tw loan. Buyer stv
.p Icon exposes. If Buyer fails to obtain( a comathmati or faits to wuivs Buyers ritho wda this mbperatraph "cia the 4re4 for obt+in;r+g
eonuniomrnl of, alter diligent ctfort fails b moat the knee and vaditions of the eommitmorrt. moo eiher parry tawo w. by wtitretr notice to tic odx
may caned this Contract and Buyer :fins be r=fundvd the deposit(vt or (b) The odsting mor%ar described in Prratsaph 11(cl above. has (CHECK ONL
ONE): I I a variable Interest ntc, or I I a fixed intcroat rate of 9A per &m m. At bare of title ttansfor, soma fowl in" 1 sates are subject
incr -* ; ifincrcasod, dte rate shall rat c-r-A . Y. pa aawua. Sella shall` wi4"n /a days atw Effective Doe. fwrrisit a seaku"d from au
mangatoo suting the priocipal balutec, mcdwd of paymtmd. rate and sub" of mortgage. If Buyer his awed b aaswm a raodgAcc u" roquacs approv.
of Buyer by des mortgagee for ununptioo, dxa Buyer shall promptly obtain tba nooeuary spplicatim cad 4Q-ndy oaapide and a*= "' so d
mortgagee. Any awdesgc elwgo(s) rat to exreod S dull be paid by DuYa• It Buyer is not accepted by eyortgagoe or d.
rorAmmmts for assumption are rat is aceardmWe widt to: lams of NJ Contract of usafWgee nukes a chuze in asooas of ha 96" emount setlar•
Buys tray rescind llug Contract by V rittor(notico b 04 04" party wilco either alocot b pay des iicrouc la iro" at taaa of "tom morgate dtatgoa-
T1TLE EVIDENCE: Al lust days before doting date, but no earlier Etas days after Senor revolves wtitkin nodfrv54im hat &O"et Isaa a+c
.e eoremiancni of has boon approved- far dee lope assump6m as provided in Puagrspu IV(a) of (bi aboM0. of, if sppr muc. waived ow &WlcQ ft tvquh,.rtone
CK ONLY ONE).( I SdIcr shall. at Shcah exponw, deliver to Buyee or Ihwn b aoatywl, or I I Drys aw .a &*,Nd 04-W oft
CK ONLY ONE):( I ahstrad of 40c; of (XI title 4rsurano4 eommitnrnt (wilt lotlble cop.fs of iaatltraaerts listed as .. Y::ow atoacfeed ttlwe(o) ttn4 ark
g, an ownces policy of title auunuwe.
CLOSING DATE: This transaction shall be etosod and drat dead and odor dosing papers ddi-vd oa
t Modified by odw provisions of Gs Contract
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer dull Wu tics subject lo: corr.preh -ive tan! tape pl.or� sooerg, sestiictoru. ptolerbtbona � oti
came r imposed by go *-....rnt4 aud•otity. ratrieaions sad raaCk- appearing on to plat or Odom %jae voamean to des mAdiviaron; public lrtility Oasoma!'
cord (aasuncau are to be touted contiguwa a Rod Property fir-ca and no( More titan to feet is .i4& as so is roar or fcon( Grace and 7 111 fed i
as to the side Linea, urdcu atherl't M.I..s F...r..v ..— F- - -_ - -r -•_., _
•
i
- - - - - ....... -- - - . .
ADDENDUM T4 CONTRAQT-- FOR SALE AND PURCHAaE
This Addendum entered into this day of , by and between
The John D. And Cathedne T. MacArthur Foundation, an Illinois not - for - profit corporation
(the "SELLER ") and the City of Palm Beach Gardens, a Florida municipal corporation
organized under the laws of the State of Florida (the "BUYER ").
WIT NESSETH:
WHEREAS, SELLER and BUYER have entered into a Contract for Sale and
Purchase dated (the "Contact ") for the sale'and purchase
of the property more particularly described in Exhibit "A" attached hereto (the'Propertr).
The Contract and the Addendum are hereinafter collectively referred to as the "Contract
and
WHEREAS. SELLER and BUYER agree to amend the Contract In the manner set
forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and in the Contract, and other good and valuable considerations, receipt and sufficiency
of which are hereby acknowledged. the parties do hereby agree as follows:
1. SALE AND PURCHASE. SELLER agrees to sell, assign, transfer and
convey to BUYER, and the BUYER agrees to purchase from SELLER the following:
(a) That parcel of land situated in Palm Beach County, Florida. more
particularly described on the attached EXHIBIT "A ".
(b) All improvements, appurtenances, rights, easements. rights -of - -way.
tenements and hereditaments incident thereto and all title and Interest. If any, of SELLER
In and to all strips and gores and any land lying in the bed of any street.
(c) Unless the context clearly requires otherwise. the property described
in paragraphs 1(a) and 1(b) are collectively called the "Property ".
2. PURCHASE PRICE. BUYER agrees to pay SELLER a sum equal to
f Closing occurs before June 15, 2000. The per acre
$45,000.00 per acre for the Property ' r g
cost shall be increased each year thereafter by a percentage equal to the then current
Consumer Price Index, such assessment to occur on June 15, 2001 and June 15, 2002.
•
Page 1 of 5 1,
3. SALE WAS IS" CONDITION. 'The parties acknowledge that
Standards "D ", "N" and "W of the STANDARDS FOR REAL ESTATE TRANSACTIONS
on the reverse side of the Contract are hereby removed and terminated, it being the intent
of the parties to convey the Property in "As Is" condition, without any warranty or
representation whatsoever on the part of the SELLER with regard to the condition of the
Property.
4. INSPECTION PERIOD. In consideration of the provisions .set forth in
Paragraph 3 hereof, BUYER's obligations under this Contract are contingent upon
BUYER obtaining satisfactory inspections of the Property. including, but not limited to an
environmental audit and assessment. Inspections shall be completed and the results
obtained by BUYER on or before sixty (60) days from the Effective Date of the Contract
(the "Inspection Deadline "). If the results of such inspections are not satisfactory to
BUYER, in BUYER's sole and absolute discretion, BUYER may, at BUYER's option, cancel
this Contract any time prior to 5:00 p.m. on that date which is five (5) days after the
Inspection Deadline, whereupon the parties shall be released from any further obligation
hereunder. Notice of BUYER's election to cancel this Contract must be made in writing
and received by SELLER prior to 5:00 p.m. on that date which is five (5) days after the
Inspection Deadline, otherwise. such inspections shall be deemed satisfactory to BUYER
and BUYER shall purchase the Property "As Is ".
5. QLOSIN_G AND CLOSING DATE. - The consummation of this sale by
SELLER and the purchase by BUYER of the Property (the "Closing ") shall be held at the
offices of SELLER: The John D. and Catherine T. MacArthur Foundation, 4400 PGA
Boulevard, Suite 900, Palm Beach Gardens. FI 33410 -9680 on
6. SURVEY. BUYER, at BUYER'S expense, may have the Property
surveyed and certified by a registered Florida surveyor In accordance with Chapter 21 HH-
6 of the Florida Administrative Code.
If the Property is not surveyed by the BUYER, the survey exception will not
be removed from the owner's title insurance policy. If the Property Is surveyed and the
survey does not reveal any encroachments or other defects, the survey exception will be
removed from the owner's title policy.
7. QUALITY OF TITLE. Notwithstanding anything to the contrary
contained herein. BUYER shall not be obligated hereunder unless title to the Property
shall be Indefeasible and good of record and in fact marketable to the extent as will enable
an ALTA member title insurance company selected by BUYER, and authorized to do
business in Florida to issue to BUYER, at regular rates, its full coverage, standard
marketability revised ALTA Owner's Title Insurance Commitment and Policy, in the amount
of the Purchase Price hereunder, without exception as to construction or similar liens. and
free and clear of all other liens and encumbrances and subject only to:
Page 2 of 5
I _ V
(a) General and special real property ad valorem taxes accrued in the
year Closing 000urs and all year's thereafter.
(b) Utility easements to service the Property which do not interfere with
its use;
( c) Such additional items which are listed as exceptions to the standard
ALTA Owner's Title Insurance Commitment and Policy and which Buyer has determined,
in its sole discretion, are permitted exceptions.
.The Title Insurance Commitment together with copies of all exceptions shall
be obtained by the BUYER, at BUYER's expense, no later than sixty (60) days prior to
Closing. If the title evidence (or survey provided by BUYER) reveals any defects in the title
or any physical encroachment on the Property, the BUYER shall have ten (10) business
days from the date the BUYER receives the title evidence or survey to notify the SELLER
in writing of the defects_ If within thirty (30) days from the receipt of such notice, the
SELLER is unwilling or unable to cure the defects to the reasonable satisfaction of BUYER,
the BUYER may at its option by written notice to SELLER given within the ensuing ten (10)
business days, either (1) cancel and terminate this Contract, whereupon neither party shall
have any further obligations under this Contract or (2) "the BUYER may elect to purchase
the Property in its "AS IS" condition without offset against the Purchase Price for any title
defects. If BUYER does not make its election in writing within the time permitted. BUYER
will be deemed to elect to terminate this Contract. Standard exceptions contained in the
commitment relating to parties In possession and construction liens, will be removed from
the policy in accordance with Florida law upon receipt of the required affidavits. The
survey exception will be removed (or modified to reflect the state of facts evidenced by the
survey) if BUYER obtains a current survey as provided In Paragraph 6.
8. COVENANTS AND CONDITIONS OF SETTLEMENT. On the Closing
Date. SELLER shall execute and deliver a Deed to BUYER. as required to convey title to
the Property in accordance with this Contract, the form and content of which shall be
identical to that certain Special Warranty Deed attached hereto as EXHIBIT "B "_ SELLER
and BUYER shall execute Closing statements, a FIRPTA certificate. and such other
documents as may be reasonably required to complete Closing and accomplish transfer
of the Property to BUYER hereunder_
9. AUTHORITY. SELLER represents and warrants that it has the requisite
power, capacity and authority to enter into this Contract and any additional document or
instrument contemplated hereby (the "Additional Documents ") and to consummate the
transactions contemplated hereby and thereby. The execution, delivery and performance
of this Contract and the Additional Documents and the consummation of the transaction
contemplated hereby and thereby have been duty authorized by the Board of Directors of
SELLER (and SELLER shall deliver to BUYER resolutions of the Board of Directors to such
effect). and no additional proceedings (corporate or otherwise) on the part of SELLER or
Page 3 of 5 � P-,- ""
any 4f the directors of SELLER are necessary to authorize the execution, delivery and
performance of this Contract and the Additional Documents and the consummation of the
transactions contemplated hereby and thereby. When fully executed and delivered.
SELLER represents and warrants that this Contract and the Additional Documents will
constitute the valid and binding agreements of SELLER enforceable in accordance with
their respective terms.
10. ORQKERAGE. SELLER and BUYER warrant each to the other (and it
is agreed that this warranty shall survive delivery of the deed) that no broker or agent has
been employed with respect to the sale of the Property.
l
11. ;SPECIFIC PERFORMANCE. In the event that either party fails to comply
with or perform any of the covenants, agreements or obligations to be performed by them
hereunder, the non - defaulting party shalt be entitled to seek specific performance without
thereby waiving any action for damages resulting from such breach.
12. NQTICES. All notices, demands, requests and other communications
hereunder shall be in writing and shall be deemed to have been given if delivered
personally. or sent by registered or certified mail, return receipt requested, postage pre-
paid to SELLER or BUYER at the address set forth on the first page of this Contract, with
a copy to BUYER'S Attorneys: Watterson, Hyland & Klett, P.A., Attention: Carole W. Post,
4100 RCA Boulevard, Suite 900, Palm Beach Gardens, FI 33410 and to SELLER'S in-
house counsel, Steve Cohen, Esq., 4400 PGA Boulevard, Suite 900, Palm Beach
Gardens, FL 33410 -9680.
Any notice given in accordance with the provisions of this paragraph shall be
deemed to be effective upon receipt. Each party may give notice to the other party of any
change of its address for the purpose of giving notice under this paragraph. which
thereafter, until changed by like notice, shall be the address of such party for all such
purposes of this Contract.
13. RADQN. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state guidelines have
been found in buildings in Florida. Additional Information regarding radon and radon.
testing may be obtained from the Palm Beach County Public Health Unit, pursuant to
§404.056(8), Florida Statutes.
14. TERMS. The capitalized terms In this Addendum shall have the same
meaning as the defined terms in the Contract.
15. PRIORITY. This Addendum modifies the Contract and Is deemed to be a Part
thereof. Except as modified hereby, the terms and conditions of the Contract remain in full
Page 4 of 5 o 0 U 5
•
•
force and effect.. When the terms of this Addendum and those of the Contract conflict. the
terms of this Addendum shall govern.
16. COUNTERPARTS. This Contract may be executed in one or more
counterparts. each of which shall be an original. but all of which shall together constitute one
and the same Contract.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date first
above written.
r
Signed, sealed and delivered "SELLER"
in the presence of:
The John D. ' AND CATHERINE T.
MACARTHUR FOUNDATION. an Illinois
not -for -profit corporation
(CORPORATE SEAL)
By_
Title:
Page 5 of 6
Date
0j 0'Ci; ' I
L b y 7 1- 1'1 K ri J K V M U l,. U 1'11'1 _ - -- v---
l.f`1IK_ Jol
•
(CORPORATE SEAL)
•
•
"BUYER"
CITY OF PALM BEACH GAROENS+ e
municipal corporation or8aniz•d under
the laws of the State of Florlda
:,r
Mayor
By
City Manager
By
City Clerk
Date
Page 6of5
r, a L ±.�
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..� ..� ice. .�__ ��_... i....,.. ,.... -. .. v....- ....•..� �V� ..... J�Ov
Exhibit "A"
(Legal Description of Option Property)
LEGAL DESCRIPTION:
A PAR=- OF LAND LYING IN SECTIONS 1 "uND 2, TOWNS 42 SOirri-7- RA,vGE 4^
EAST, PALM BEACH COUNTY. FLORID,', BERgC- MORE PARTICULARLY r
DESCRIBED AS FOLLOWS:
CONRVE ICE AT -P-=— SOb7HW✓ST CORNER OF Try' NORT- H-WEST ONE- QUkRTER
OF SAID SEC -r-ON 1; =-NCE NORTH O1 °53'55' F--k.ST. ALONG THE WEST LL•NE OF
SAID NORTHWEST ONT-- QUARTER, A DISTANCE OF 732.20 FEB I; 7j- --=NCE SOL' -m
83006'OS" EAST, DEPARTLNG SAID WEST L IN1; A DISTANCE OF 30.00 FEET TO Tr?E
POINT OF EEGLNNINC; Tai iCE NORTn 0 1 0.3'55" EAST, A DI STAN Cr_ OF 542.10
FEET; T: -FNCE NIORTr? 33 .0' 15" WEST. ALONG. IN PART. THE N0R77 LDI E OF
11 7m COLTT, . °..S DESCRIBED LN ORB 6496, PACE 325, OF I-AF- PUBLIC RECORDS OF
SAID COUNTY, A DISTANCE OF 1758.02 FEET TO A POINT ON A CURVE, FROM
1VMCH A RADIAL LINE BEARS NORTH0I°39'52" EAST; TSENCE
NORTHWEPS7ER_Y. ALONG SAID NORTH LLNE, ON A aIRVE CONCAVE TO T-HE
NORT i, DIVING A RADIUS OF 1460.00 FEET, TI-IROUGr A CE-:�TRAI_ ANGLE OF
17°26'32" AND A"N ARC DISTANCE OF 11 -1.46 FLcI TO TIM POUN i" OF TAINGENCY;
THENCE NORTH 70 °53'36" WEST, ALONG SAID ; ORT:R LDiF- A DISTANCE OF
2'3.98 FFFT; T.F' 7NCE NORTH 25 °1643" WEST, ALONG SAID NORTH LINZ A
DISTANCE OF 57.24 FEET TO A POLYP ON THE LAST LINE OF CI=.NTRA-L
BOU?_:!:�VARD. AS DESCRIBED Lei ORB 5104, PA(=— 545,017 nM PUDLIC RECORDS OF
SAM COUNTY, BEING A POINT ON A CURVE, FROM WFICH A R.4DLAL LLB BE sRS
SOUTri 69°39'50" EAST; TFIE ICE NORTHEASTERLY, ALONG SAAB E.NS'I' LINE, ON A
CURVE CONCAVE TO TIM SOUK -MAST, HAVING A RADIUS OF 3759--12 F=-E-L,
TI- ROUGH A C'—rz qL ANGLE OF 10 043'18" AND AN ?SRC DISTANCE OF 709.03
FEET; TY.,ENCE SOUTH 38 °21 015" EAST. A DL3T-kVCE OF 2992.3 4 FjE T TO A POINT
ON T-dE WESTE'iZLY RUC--,--T-OF-WAY LINE OF STI ATE ROAD NO. 9 (PER FDOT (1 -95)
RIGH -r-OF -WAY *&LaD SECTION NO. 93720-2474); T:�iCE SOL`I'H 30°33' 11" EAST.
ALONG SA.TD WESTERLY R-10-HT-OF-WAY LRiF- A DISTANCE OF 530.26 FFr T;
ITIENCE SOUTH- 26'33' 11" EAST. ALONG SAID Wr-- S7fZRLY RIGHE T -OF -WAY LR4F- A
DISTANCE OF 432.72 FEET. TT-:ENC£ SOUL -A 01-471'15" WES T. DE?ARTENG SAID
WESTERLY RIGN T -OF -WAY LR4F, A DISTANCE OF 554.371 ;'FT; T=ICS NORTH -
83°32'14" WEST. A DISTANCE OF 12S6.51 FEET TO THE PONT OF BEGVmWD G-
THE ABOVE DESCRIBED PARCEL OF LAND CONT ALMS ,�V AREA a OF 31.79 ACRES,
MORE OR LESS.
kLSTl\proJcc s;,9-00f01WADES .1.� -{ N TcYMS COUR:.doc
I - 1 J
EXHIBIT "B"
(TO CONTRACT FOR SALE AND PURCHASE)
PREPARED BY AND RETURN TO:
Carole Wallace Post, Esquire
Watterson, Hyland & Klett, P.A.
4100 RCA Boulevard, Suite 100
Palm Beach Gardens, FL 33410
WIG Box 33
Property Control No.
SPECIAL WARRANTY DEED
THIS WARRANTY DEED, made effective this day of .
t
between THE JOHN D. AND CATHERINE T. MacARTHUR FOUNDATION, an
Illinois not - for - profit corporation
hereinafter called the Grantor,
whose mailing address Is 4400 PGA Boulevard, Suite 900, Palm Beach Gardens,
Florida 33410 -9880
to THE CITY OF PALM BEACH GARDENS, a Municipal Corporation
existing under the laws of the State of Florida
hereinafter called the Grantee,
whose mailing address is 10500 N. Military Trail, Palm Beach Gardens, Florida
33410
(Wherever used herein the terms "Grantor" and "Grantee" are used
for singular or plural, as context requires and include all the parties to
this instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations.)
WITNESSETH, that the said Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable considerations, receipt whereof
1\�Ii Q 0 G
0
is hereby acknowledged, hereby grants, bargains, sells. aliens, remises, releases,
conveys and confirms unto the Grantee. all that certain land situate In the County
of Palm Beach, State of Florida, to -wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF
SUBJECT TO restrictions, reservations. covenants, conditions and
easements of record; taxes for the year and the years subsequent thereto;
and all applicable laws, ordinances.
TOGETHER with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the said Grantor hereby covenants with said Grantee that the Grantor
is lawfully seized of said land In fee simple; that the Grantor has good right and
lawful authority to sell and convey said land; that the Grantor does hereby fully
warrant the title to said real property and will defend the same against the lawful
claims of all persons claiming by, through or under the said Grantor but against
none other whatsoever.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written.
Signed, sealed and delivered
In the presence of
As to Grantor.
Witness
(print name of witness)
Witness
(print name of witness)
-.�•-
THE JOHN D. AND CATHERINE
T. MaAcARTHUR FOUNDATION
BY:
ATTEST:
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
.by. - as
and
as _ _ , of THE JOHN D. AND CATHERINE T. MacARTHUR
FOUNDATION, an Illinois not-for-profit corporation.
NOTARY PUBLIC
(NOTARY SEAL) -
•
P.NCF W18TORY1308M.DOC(319.077)
•
(Print Name)
My Commission Expires:
PeraonaQy Known 0 OR Produced Identification Q
Type of Identification:
Exhibit "A"
(Legal Description of Option property)
LEGAL DESCRIPTION:
A PARCEL OF LAcND LMG LY SECTIONS 1 .AaND 2, TOWNSFUP 4? SOUTF- RANGE 42-
FAST. PALLY! BEACH COUNTY. FLORIDA, B S, IG MOM PARTICTUMARLY
DESCRIBED AS FOLLOWS:
COItir211~-NICE AT TIM SOIJ -11- WEST CORNER OF Try NORi r -VEST ONE- -QU.�RT ,0,
OF SAID SECTION 1; THENCE NORTH 01 °53'55" FAST, ALONG T EM WEST LL\IE OF
SAID NORTh`WEST ONE- QUARTER, A DISTANCE OF —1)2.20 Fr T; Ti��10E SO(' -M
88°06'05' EAST. DEPARTING SAID WEST LINE, A DISTANCE OF 30.00 FEET TO T-rM
POINT OF BEGRlQ\iINC; THENNCE i IOR-rH 01 °53'55" EASi, A DISMUNCE OF 542.10
FEET; Tr_ r 7 CE YORl'A 33 ° ^0' 15" WEST, ALONG, IN PAWA', Try NORTr? LENS OF
117TH COURT, AS DESCRIBED IN OR-9 6496, PAGE 325, OF Tri"E PUBLIC RECORDS OF
SAID COUNTY, A DISTANNCE OF 1758.02 FEET TO A PORNT ON A CURVE._., FRONT
\VIECH A Ra►DLA -L j NE BEARS NORTH, 0.1°39'52" EAST; THM4CE _
1TORT WESTERLY, ALONG SAID NORTri LDTF, ON A CURVE CONCAVE TO TF.E
NORTT-� HAVING A RADIUS OF 1460.00 FEET, Tx--�tOUGr. A CEI T1 PAL. ANGLE OF
17 °26'32" AND AIN ARC DISTANCE OF 4-11.46 FEET TO THE PO ; OF TA.NGEVi CY,
THEM CE NORTr' 70 °53':6" WEST, ALONG SAID NORI -A LLN'F- A DiST.kvCF- OF
273.98 FEET; T.-:ENCE NORj-j 25 016'43" WEST, ALONG SAID NOR F. LINE, A
DISTANCE OF 57.24 FEE T TO A POU4T ON THE EAST LINE OF CENTRAL
BOULEVARD. AS DESCRRMED LNI ORB 5104, PAGE 945, OF ThM PL'BLIC RECORDS OF
SAID COUNTY. BEu -SIG a. POINT ON A CURVE, FROM WHIC1: A RADLkL T -?WE BEAM
SOUTH 69°39'50" EAST; TrENCF. NORTIM- ASTERLY, AlANG SAID EAST LINE, ON A
CURVE CONCAVE TO TIM SOUE-TAST, HA 'vjNG A RAM US OF 3759.72 FEE EE T.
TI - -MOUGH A CM-TrR -i. P -NIGLE OF 10 443'13" AND AN ARC DISTANCE OF 709.03
FFxT; TIM4CE SOUTri 3x°20'15" B ST. A DISTANCE OF 2992.34 FT--=T TO A POINT
ON THE WESTS.Ri -y RICr =T -OF -WAY LIME OF STATE ROAD NO. 9 (PER FD OT (1 -95)
RIGHT -OF -WAY NK-UP SECTION N0.93220- 2474); rrM- NICE SOU-I -H 30-33-11" EAST.
ALONG SAID wESTFRLY RICH- T- OF-WAY LINE, A DIS OF 530.26 FEET:
'rAENCE SOU i : 26033111" EAST, ALONG SAW WESIzUUY RIGHT-OF-WAY LINE. A
DISTANCE OF 432.72 FEET; 'I"EENC.E SOUTH 01 °411") 5" WES; , DE'ART iNG SAID
k'ESTERLY RITA T -OF -WAY LINE. A DISTANCE OF 554.37 AFT; 'E =SCE NORTH
S3°32' 14" WEST. A DISTA<`tCE OF 1236.51 MET TO TIRE PO MI OF BEGIN -NVG'
THE ABOVE DESCRIBED PA.QCEL OF LAND CONTAINS A-N' A.RE.k OF 31.79 ACRES.
MORE OR LESS.
BLS; 1'.projc- :s'.-/9- JOfUk:V\DES A.Q= --� `V TEAMS CCUR':.dcc
r- -I
EXHIBIT "A"
(To lease- Purchase Agreement)
A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA: SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE -QUARTER
OF SAID SECTION 1; SAID POINT BEING A POINT ON THE CENTERLINE OF A PALM
BEACH COUNTY RIGHT -OF -WAY (A 100 FOOT RIGHT- OF:WAY), AS SHOWN ON THE
PLAT OF SHADY LAKES, AS RECORDED IN PLAT BOOK 43, PAGE 6, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA: ALSO BEING THAT CERTAIN RIGHT -
OF -WAY DEEDED TO THE CITY OF PALM BEACH GARDENS, RECORDED IN OFFICIAL
RECORDS BOOK 8013, PAGE 1150, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROCEED SOUTH 88'28'42" EAST, ALONG THE EAST -WEST ONE -
QUARTER SECTION LINE OF SAID SECTION 1, A DISTANCE OF 50.00 FEET TO THE
NORTHEAST CORNER OF SAID CERTAIN RIGHT -OF -WAY DEEDED TO THE CITY OF
PALM BEACH GARDENS; THENCE DEPARTING SAID EAST -WEST SECTION LINE,
SOUTH 01 °56'52" WEST, ALONG THE EAST RIGHT -OF -WAY LINE OF SAID RIGHT-OF-
WAY DEEDED TO CITY OF PALM BEACH GARDENS, A DISTANCE OF 14.48 FEET TO
THE NORTHWEST CORNER OF THE-PLAT OF GARDEN LAKES & GARDEN SQUARE
SHOPS, AS RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 88'37'35" EAST, ALONG THE NORTH
LINE OF SAID PLAT, A DISTANCE OF 905.12 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 0165121" EAST,
DEPARTING SAID NORTH LINE, A DISTANCE OF 74.09 FEET; THENCE SOUTH
88 °32'14" EAST, A DISTANCE OF 661.11 FEET TO A POINT ON THE WESTERLY
RIGHT -OF -WAY LINE OF STATE ROAD NO. 9 (1 -95), AS SHOWN ON FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP SECTION NO. 93220-
2474; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 11553.16 FEET, THE RADIUS POINT OF WHICH
BEARS NORTH 62'43'2T' EAST; THENCE SOUTHEASTERLYALONG SAID WESTERLY
RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 03. 16'38 ", A DISTANCE OF 660.82 FEET TO THE POINT OF TANGENCY;
THENCE SOUTH 30 °33'11" EAST, A DISTANCE OF 204.41 FEET TO A POINT ON SAID
NORTH LINE OF THE PLAT OF GARDEN LAKES & GARDEN SQUARE SHOPS;
THENCE DEPARTING SAID WESTERLY RIGHT -OF -WAY LINE, NORTH 88037'35 WEST,
ALONG SAID NORTH PLAT LINE, A DISTANCE OF 1108.72 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINING 15.03 ACRES, MORE OR LESS.
and
A PARCEL OF LAND LYING IN SECTIONS 1 AND 2. TOWNSHIP 42 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE - QUARTER OF SAID
SECTION 2: SAID POINT BEING A POINT ON THE CENTERLINE OF A PALM BEACH
0 Page 1 of 2
A ! ll; ?su
COUNTY RIGHT -OF -WAY (A 100 FOOT RIGHT-OF-WAY), AS SHOWN ON THE PLAT
OF SHADY LAKES, AS RECORDED IN PLAT BOOK 43, PAGE 66 PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; ALSO BEING THAT CERTAIN RIGHT -OF -WAY
DEEDED TO THE CITY OF PALM BEACH GARDENS, RECORDED IN OFFICIAL
RECORDS, BOOK 9013, PAGE 1150, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROCEED NORTH 88.23'40" WEST, ALONG THE EAST -WEST ONE -
QUARTER SECTION LINE OF SAID SECTION 2, A DISTANCE OF 50.00 FEET TO THE
NORTHEAST CORNER OF SAID PLAT OF SHADY LAKES AND THE SOUTHEAST
CORNER OF DUNCAN B. WATSON SCHOOL SITE AA; THENCE NORTH 01 °51'21'
EAST, ALONG THE EAST LINE OF SAID SCHOOL SITE, A DISTANCE OF 1194.18 FEET
TO THE NORTHEAST CORNER OF SAID SCHOOL SITE; THENCE CONTINUE NORTH
01 051'21" EAST, ALONG THE NORTHERLY PROLONGATION OF SAID EAST LINE OF
SAID SCHOOL SITE, A DISTANCE OF 80.00 FEET; THENCE SOUTH 88 °22'49" EAST,
DEPARTING SAID PROLONGATION LINE, A DISTANCE OF 80.68 FEET; THENCE
SOUTH 01 °51'21° WEST, A DISTANCE OF 542.12 FEET; THENCE SOUTH 88 °32'14'
EAST, A DISTANCE OF 924.41 FEET; THENCE SOUTH 01.51'21" WEST, A DISTANCE
OF 745.09 FEET TO A POINT ON THE NORTH LINE OF THE PLAT OF GARDEN LAKES
& GARDEN SQUARE SHOPS, AS RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88.37'35" WEST,
ALONG SAID NORTH LINE, A DISTANCE OF 905.12 FEET TO THE NORTHWEST
CORNER OF SAID PLAT OF GARDEN LAKES & GARDEN SQUARE SHOPS, AND A
POINT ON THE EAST RIGHT -OF -WAY LINE OF SAID PALM BEACH COUNTY RIGHT-
OF-WAY-, THENCE NORTH 01"56'52' EAST, ALONG SAID EAST RIGHT -OF -WAY LINE,
A DISTANCE OF 14.48 FEET TO A POINT ON THE EAST -WEST ONE - QUARTER
SECTION LINE OF SAID SECTION 1; THENCE NORTH 88.28'42" WEST, ALONG SAID
EAST -WEST ONE - QUARTER SECTION LINE. A 'DISTANCE OF 50.00 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINING 18.18 ACRES, MORE OR LESS,
OVERALL PARCEL CONTAINING 33.21 ACRES, MORE OR LESS.
P..%CP%HISTORY12861 V.DOC(319.067)
•
Page 2 Of 2
TOTAL P.09
•
•
•
EXHIBIT B
(Interlocal)
LEGAL DESCRIPTION OF DISTRICT PARK
PROPERTY
t�
EXHIBIT "B"
(TO CONTRACT FOR SALE AND PURCHASE)
PREPARED BY AND RETURN TO:
Carole Wallace Post, Esquire
Watterson, Hyland & Klett, P.A.
4100 RCA Boulevard, Suite 100
Palm Beach Gardens, FL 33410
W/C Box 33
Property Control No.
SPECIAL WARRANTY DEED
THIS WARRANTY DEED, made effective this day of _
i
between THE JOHN D. AND CATHERINE T. MacARTHUR FOUNDATION, an
Illinois not - for -profit corporation
hereinafter called the Grantor,
whose mailing address is 4400 PGA Boulevard, Suite 800, Palm Beach Gardens,
Florida 33410 -9680
to THE CITY OF PALM BEACH GARDENS, a Municipal Corporation
existing under the laws of the State of Florida
hereinafter called the Grantee,
whose mailing address is 10500 N. Military Trail, Palm Beach Gardens, Florida
33410
(Wherever used herein the terms "Grantor" and "Grantee" are used
for singular or plural, as context requires and include all the parties to
this instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations.)
WITNESSETH, that the said Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable considerations, receipt whereof
PALM BEACH CAPDENS DISTRICT PARK
Exhlbit "B" Zo INTERLOCAL AGRFFT'IEIQT
(I-egal Description of Option Property)
LEGAL DESCRIPTION:
A PARCEL OF LAND LYUgG TN SECTIONS I AND 2, TOWNS'E P A2 SOUTH, R,4.vCE q2
EAST, PALM BEACH COL -N- Y. FLOPM.A BERgG MORE PARTICL ILA. Y
DESCRIBED AS FOLLOWS:
COIV vi1 -ICE AT T-9E SOL'TF?WEST CORNER OF Try NOR- -WEST ONL Eq
E QUAR7
OF SA71? SECTION 1; TH=VCE NORTH 01 °5355' EAST, ALONG TF--M M WEST LENE OF
SAID NL ORTh-WEST ONE- QUARTER, A DISTANCE OF —/)2.20 FEET; TF —ENCE SOU-M
88°06'05" EAST, DEbARTNG SAID WEST LINE, A DISTANCE OF 30.00 FEET TO T-r!E
POINT OF BEGU ii TING; TIMENCE NORTIA 01 °53'55" EAST, A DIS -UNCE OF 54-7. 10
FEET; T"rMYCE NORrd 33 °20' 15" WEST, ALONG, IN PART, Try NORTH LNE OF
117 COURT, AS DESCRIBED N OR-3 6496, PACE 3_5, OF T"dE PG'BLIC RECORDS OF
SAID COUNTY, A DISTAN=CE OF 1758.02 FEET TO A POLVT ON A CURVE..,, FROM
WhRCSi A RADIAL T - M7 BEARS NORTH. 0.1°39'52" EAST; 7FFVCe
NORTHWEST -ERLY, ALONG SAID NORTH- LNE, ON A CURVE CONCAVE TO THE
NORTH HAVING A RADIL.rS OF 1.160.00 FEET, THROUGH A CF -NTRAL ANGLE OF
17 °26'32" AiND AEI ARC DISTANCE OF +11.46 FEFTI TO THE PORy ; OF TAN'GEi CY;
TIMNCE NORTH' 70 °53'36" WEST, ALONG SAID NORTIA LLN-E, A DISTANCE OF
273.98 'FEET; T.HENCE NORTH 25-16-43- WEST, ALONG SAID N -ORT13 LINE, A
DISTANCE OF 571.24 FEET TO A PONT ON THE EAST LINE OF CEN7RAL
BOULEVARD, AS DESCRMED L`I ORB 5104, PAGE 945, OF TI-i'E PUBLIC: RECORDS OF
SAID COUNTY, RF TING G A PONT ON A CL-RVF, FROM WFJCF- A R4DL-NL i -nom BEARS
SOUTH 69°39'50" EAST; Tr :VCE NORTF- :ESTERLY, ALONG SAID EAST LINE, ON A
CURVE CONCAVE TO THE SOU1'F -MAST, IiAYTNG A R.ADR;S OF 3759.72 r� T,
TI-MOU r . A C!! T. T A -NGLE OF 10 43 13 AND AN ARC DISTANCE OF 709.03
FAT; THENCE SOL"Tri SV201 15" EAST. A DISTANCE OF 2992.34 FAT TO A POLNT
QN T'HE WEST'E.RI.Y RTC :T- OF -W?.Y LL4E OF STATE ROAD NO. 9 (PER FDOT (1 -95)
RIGHT -OF -WAY VL3.D SECTION (NO.932ZG. 2474); T-NCE SOL,T: 30 °33' 11" FAST,
ALONG SAID lvrESTIERLY fLGr:T -OF -WAY LRiF, A DIST. NCE OF 530.26 Fv ; T ;
T'rENCE SOU —1z-. 2603311" EAST, ALONG SAID WESTERLY RIGF- -T -OF -WAY L 1],iM. A
DISTANCE OF 432.72 FBET; 7"r�ICE SOUTF: 01"47115" WES i , DE'ARTTVG SAID
WEST ELY RIGHT-OF-WAY LINE, A DISTANCE OF 5=4.37 F=-FT; - THIENC:—C NORTF?
83-32'14" WEST. A DISTANCE OF 1236.51 FEEET TO T'rM PONT OF BEGIN- NL`IG-
T.9E ABOVE DESCP-MED PA- 'RCF -- OF LAND CONTAINS A-V AREA OF 81.79 ACRES,
MORE OR LESS.
1kS: 1'.PtoJc S'.�9 _3U.0ksvNDES ,��_°.a I Pi.`NIS CGUR..dcc
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EXHIBIT C
(Interlocal)
LEASE PURCHASE OPTION
U-1
ul
is
LEASE PVRGHASE AGRUMENT
THIS AGREEMENT ( "Agreement") is made and entered into this 'day of
. 1998, by and between John D. And Catherine T. MacArthur
Foundation ( "FOUNDATION ") and the City of Palm Beach Gardens, Florida, a Florida
municipal corporation ("CITY").
RECITALS
A. FOUNDATION is the owner of certain real property located in Palm Beach
County, Florida, which property is more particularly described in Exhibit OX attached hereto
and made a part hereof and which, togetherwith all improvements now or hereafter located
therein, shall be referred to as the "Lease - Purchase Property".
B. CITY and FOUNDATION agree to enter into that certain lease attached
hereto as Exhibit "B" ( "Lease's for the Lease - Purchase Property more particularly
described in Exhibit "A ".
C. CITY and FOUNDATION agree to enter into that certain Contract For Sale
and Purchase attached hereto as Exhibit "C' ( "Contract") for the Lease- Purchase Property
more particularly described in Exhibit "A".
NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, and
in further consideration of the mutual covenants contained herein, the parties, intending
to be legally bound, hereby agree as follows:
1. RECITALS. The above Recitals labeled A through C, inclusive, are true and
correct and are incorporated into this Agreement as if fully set forth herein.
2. LEA . The parties agree that the CITY shall lease the Lease- Purchase
Property pursuant to the terns and conditions contained in this Agreement and in the
Lease. The Lease is incorporated into this Agreement by reference as fully as if set forth
herein.
The Lease term shall be for two (2) years and shall commence on Friday, May 8,
1998 and end on Monday, May a, 2000 ( "Lease Term"), unless sooner terminated in
accordance with the terms of this Agreement.
The Lease shall terminate and shall be of no further force and effect upon
CITY acquiring fee simple title to the Lease- Purchase Property from the FOUNDATION.
Page 1 of 5
i7 Q. W j 3
1- Int;- yC1 -GUtJU au �. LUUI111 !-, ✓: 11111-3 1 f \ni,ul,
contained in this Agreement and in the Contract. The Contract is incorporated into this
Agreement by reference as fully as if set forth herein.
Notwithstanding anything to the contrary contained in the Contract, the
parties agree that the closing date shall be the earlier of. (1) Monday, May 8, 2000 (the
lease termination date) or (i7 the date of the termination of the Lease if terminated sooner.
4. INCORPORATION:CRQSS_QEFAULT. The parties acknowledge that the
Lease (Exhibit "B ") and the Contract (Exhibit "C ") are not independent agreements and
have no force or effect except as incorporated and made a part of this Lease - Purchase
Agreement. Further, the parties agree that should a default occur as to any obligation or
responsibility as provided for in this Lease - Purchase Agreement, or any of the agreements
attached hereto, a default as to one agreement shall be considered a default as to all
agreements and shall relieve the non- defaulting party from all obligations and
responsibilities set forth in the lease- Purchase agreement and all of the agreements
attached thereto.
5. ASSIGNM>=NT. This Agreement may W be assigned by either party without
written consent by the other. FOUNDATION may withhold consent at its absolute
discretion.
6. AQREEMENT tyO_T TO ENCAJMBER. FOUNDATION agrees that it will not,
without the prior written consent of CITY. (a) encumber the Lease- Purchase Property with
mortgages, liens or other monetary encumbrance; (b) enter into any agreements
whatsoever in connection with or affecting the Lease - Purchase Property; or (c) otherwise
modify, alter or amend any existing encumbrance affecting the Lease - Purchase Property.
7. RECORDIN- . Upon full and final acceptance by the parties of the Lease and
Contract FOUNDATION and CITY shall execute and acknowledge a Memorandum of
Lease- Purchase Agreement in the form attached hereto as. Exhibit "D" which shall be
recorded in the Public Records of Palm Beach County, Florida, at C1TY's sole option and
expense. Recordation shall not occur prior to the expiration of the Inspection Deadline as
set forth in the Contract.
8. ENTIRE AGREEMENT. This Agreement represents the entire understanding
and agreement between the parties and supersedes all other negotiations, understandings
and representations (if any) made by and between the parties.
9. AMENDWNTS. The provisions of this Agreement may not be amended,
supplemented, waived or changed orally, but only by a writing signed by the party as to
whom enforcement of any amendment, supplement, waiver or modification is sought and
making specific reference to this Agreement.
10. FURTHER ASSURANCES. The parties will from time to time execute and
deliver any documents and do all matters and things which are convenient or necessary
to more effectively and completely carry out this Agreement's intentions.
Page 2 of 5 .1
11, BINDING EFFECT. All of the terms and provisions of this Agreement are
binding upon, inure to the benefit of, and are enforceable by the parties and their
respective administrators, executors, legal representatives, heirs, successors and
permitted assigns.
12. NOMES. All notices, requests, consents and other communications
required or permitted to be given under this Agreement will be in writing (including telefax
or telecopy) and shall be sent by certified mail, postage prepaid, return receipt requested,
or shall be hand delivered or delivered by a recognized national overnight courier service,
or shall be sent by electronic communication (whether by telefax, or telecopy), addressed
to the address set forth on the Contract or to any other address or addresses as any party
may designate from time to time by notice given in accordance with this Section. Any such
notice will be deemed delivered: (a) on the date upon which the return receipt is signed
or delivery is refused or the notice is designated by the postal authority as not deliverable,
as the case may be if mailed, (b) an the date delivered by personal delivM, (c) on the date
of delivery by a recognized national overnight courier service, or (d) on the .date of
transmission if sent by electronic communication.
13, HEADINGS. The headings contained in this Agreement are for convenience
of reference only, and do not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
14. SF-VERABIL.,ITY_. if any provision of this Agreement or any provision of any
other Agreement entered into pursuant to this Agreement is contrary to, prohibited by or
deemed invalid under applicable law or regulation, only that provision will be inapplicable
and deemed omitted to the extent it is contrary, prohibited or invalid, but the remainder will
not be invalidated and will be given full force and effect so far as possible.
15. SURVIVAL. All covenants, agreements, representations and warranties
made in this Agreement or otherwise made in writing by any party pursuant to this
Agreement will survive the execution and delivery of this Agreement and the
consummation of the transactions contemplated.
16. WAIVERS. The failure or delay of any party at any time to require
performance by another party of any provision of this Agreement, even if known, will not
affect the right of that party to require performance of that provision or to exercise any right,
power or remedy, and any waiver by any party of any breach-of any provision of this
Agreement should not be construed as a waiver of any continuing or succeeding breach
of provision, a waiver of the provision itself, or a waiver of any right, power or remedy under
this Agreement. No notice to or demand on any party in any case will, of itself. entitle a
party to any other or further notice or demand in similar or other circumstances.
17. ENFORU ENT COSTS. If any legal action or other proceeding is brought
for the enforcement of this Agreement, or because of an alleged dispute, breach, default
or misrepresentation in connection with any provisions of this Agreement, the successful
or prevailing party will be entitled to recover reasonable attomeys fees, court costs and all
Page 3 of 5 11],
expenses even if not taxable as court costs (including, without limitation, all such fees,
costs and expenses incident to appeals), incurred in that action or proceeding, in addition
to any other relief to which such party or parties may be entitled.
18. REMQDIES CUMULATIVE. No remedy in this Agreement conferred upon
any party is intended to be exclusive of any other remedy, and each and every remedy will
be cumulative and will be in addition to every other remedy given here or now or existing
in the future at law or in equity or by statute or otherwise. No single or partial exercise by
any party of any right, power or remedy will preclude any other.
19. CQUNTERPARTS. This Agreement may be executed in one or more.
counterparts, each of which will be deemed an original, but all of which together will
constitute one and the same instrument
20. p- OVERNIN_G_LAW: VENUE: JURISDICTION. This Agreement and all
transactions contemplated by this Agreement will be governed by, and construed and
enforced in accordance with, the internal laws of the State of Florida without regard to
principles of conflicts of laws.
The parties acknowledge that a substantial portion of negotiations,
anticipated performance and execution of this Agreement occurred or will occur in Palm
Beach County, Florida, and therefore, without limiting the jurisdiction or venue of any other
federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that
• any suit, action or legal proceeding arising out of or relating to this Agreement will be
brought in the courts of record of the State of Florida in Palm Beach County or the court
of the United States, Southern District of Florida; (b) consents to the jurisdiction of each
court in any suit, action or proceeding; and (c) waives any objection which it may have to
the laying of venue of any suit, action or proceeding in any of such courts.
•
21. .INDEPEN _DENT COUNSF-1- The parties here have received independent
advice and counseling regarding the preparation and subject matter of this Agreement and
all the terms and conditions it contains. This Agreement shall not be construed more
strongly for or against any party, regardless of which party is deemed to have drafted the
Agreement.
22. APPROVAL REQUIRED. The parties agree that this Agreement shall have
no force and effect until duly approved by the City Council of the City of Palm Beach
Gardens and the Board of Directors of John D. and Catherine T. MacArthur Foundation.
If such approval by either body should occur subsequent to the commencement date as
indicated herein, the parties agree that such approval shall be retroactive to said
commencement date and shall not serve to alter or modify said commencement date or
Lease Term.
Page 4 of 5 �, -y
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
WITNESSES: JOHN D. AND CATHERINE T.
MACARTHUR FOUNDATION
By: r
Name:
Title:
CITY OF PALM BEACH GARDENS
By:
Name:
Title:
Page 5 of 5
EXHIBIT D
(Interlocal)
LEASE
•
n
U
Pt. 1171
•
C.
Exhibit "D" to Interlocal D R A F T
PALM BEACH COUNTY
LEASE AGREEMENT
between
PALM BEACH COUNTY
A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA
(County)
and
THE CITY OF PALM BEACH GARDENS
A MUNICIPAL CORPORATION ORGANIZED AND EXISTING
UNDER THE LAWS OF THE STATE OF FLORIDA
(City)
F:\ COMMON\ ATTY\ WPDATA \GENGOVTWFALCON\LEASES\Palm Beach Gardens.Lse
Last Update: March 14, 2000 (11:52AM)
TABLE OF CONTENTS
ARTICLE I BASIC LEASE PROVISIONS PAGE
Section 1.01 Premises ........................ ..............................1
Section 1.02 Length of Term and Commencement Date . . .......................... 2
Section 1.03 Interlocal Agreement .............................................. 2
ARTICLE 11 RENT
Section 2.01 Annual Rent ...................... ..............................2
Section 2.02 Assessments and Personal Property Taxes ............................ 2
Section 2.03 Additional Rent ................... ............................... 2
ARTICLE III CONDITION OF LEASED PREMISES, ALTERATIONS
Section 3.01 Acceptance of Premises by City ..................... :............... 3
Section 3.02 Construction of Project ........... ............................... 3
Section 3.03 Alterations ...................... ............................... 3
ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES BY City
Section 4.01 Use of Premises ................. ............................... 3
Section 4.02 Waste or Nuisance ............... ............................... 4
Section 4.03 Governmental Regulations .......... ............................... 4
Section 4.04 Non - Discrimination ................ ............................... 4
Section 4.05 Surrender of Premises ............. ............................... 4
Section 4.06 Concessions .................... ............................... 4
Section 4.07 Special Events ................... ............................... 5
ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of County and City ..... ............................... 5
Section 5.02 County's Right to Inspect ........... ............................... 5
ARTICLE VI UTILITIES ...................... ............................... 5
ARTICLE VII INSURANCE_ _______________________________ R
ARTICLE VIII INDEMNIFICATION .............................................. 7
ARTICLE IX DESTRUCTION OF PREMISES
Section 9.01 Damage or Destruction by Fire, War or Act of God ...................... 7
ARTICLE X ASSIGNMENT AND SUBLETTING
Section 10.01 Consent Required ................ ............................... 7
ARTICLE XI DEFAULT OF City
Section 11.01 Events of Default ................. ............................... 8
ARTICLE XII ANNUAL BUDGETARY FUNDING /CANCELLATION .................... 8
ARTICLE XIII QUIET ENJOYMENT
Section 13.01 County's Covenant ................ ............................... 8
ARTICLE XIV MISCELLANEOUS
Section 14.01 Entire Agreement ................. ............................... 9
Section 14.02 Notices .......................... ..............................9
Section 14.03 Severability ................ 9
Section 14.04 Broker's Commission ....... ............................... iJ
Section 14.05 Recording ....................... .............................10
Section 14.06 Waiver of Jury Trial .............. ............................... 10
Section 14.07 Governing Law and Venue ......... ............................... 10
Section 14.08 Radon .......................... .............................10
Section 14.09 Time of Essence ............... ............................... 10
Section 14.10 Waiver, Accord and Satisfaction .. ............................... 10
Section 14.11 Non - exclusivity of Remedies ...................................... 10
• Section 14.12 Construction .................... ............................... 11
Section 14.13 Effective Date of Agreement ....... ............................... 11
L_J
EXHIBITS
Exhibit "A" The Premises ... ............................... .
Exhibit "B" Conceptual Master Plan ... ............................... .
Exhibit "C" Concessionaire Insurance Requirements ...................... .
Exhibit "D" Special Events Policies .........................................
n 0 (.1 ii 4
AGREEMENT OF LEASE
THIS LEASE made and entered into., , by and between PALM
BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter
referred to as "County" and THE CITY OF PALM BEACH GARDENS, a municipal
corporation organized and existing under the laws of the State of Florida, hereinafter
referred to as "City ".
WITNESSETH:
WHEREAS, County and City have entered into that certain Interlocal Agreement of
even date herewith relating to the purchase by County of certain real property located
within the City of Palm Beach Gardens, and the development of such property by City as
a district park, (the "Interlocal "); and
WHEREAS, pursuant to the Interlocal, the parties have agreed that upon closing of
County's acquisition of such property (the "Closing "), City shall lease such property from
County and design, construct, operate and maintain a public park upon such property, in
accordance with the terms of the Interlocal (the "Project ").
WHEREAS, the Project will be of substantial benefit to the residents of Palm Beach
County; and
WHEREAS, County and City desire to enter into a fifty 50 year Lease of such
property for the purposes hereinafter described.
NOW THEREFORE, in consideration of the rents, covenants and agreements
hereinafter reserved and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereby agree as follows:
ARTICLE 1
BASIC LEASE PROVISIONS
Section 1.01 Premises.
In consideration of the rents, covenants and agreements hereafter reserved and
contained on the part of the City to be observed and performed, the County demises and
leases to City, and City rents from County the approximately 82 acres of land legally
described in Exhibit "A" attached hereto and made a part hereof (the "Premises "). The
parties acknowledge that the Conceptual Master Plan attached hereto reflects a
Community Center and Aquatic Facility as part of the Project. City desires to own the
property upon which such facility is constructed. County agrees to consider a future
request by City to exchange title to a portion of the Premises for a portion of the Lease
Purchase Property, as such term is defined in the Interlocal, in order to facilitate
CUJJ 1
0 construction of such facility.
Section 1.02 Length of Term and Commencement Date.
This Lease shall be effective upon the Effective Date as defined hereinafter. The
term of this Lease shall commence upon the Closing of County's purchase of the Premises
(the "Commencement Date "), and shall extend for a period of fifty (50) years thereafter (the
"Term "), unless sooner terminated pursuant to the provisions of this Lease or the Interlocal.
The term of this Lease may be modified or extended with the mutual consent of the parties.
Section 1.03 Interlocal Agreement.
This Lease is made and entered into pursuant to the terms of the Interlocal, the
terms, covenants, and conditions of which are incorporated herein by reference and made
a part hereof. Any failure to fulfill the terms, covenants and conditions of the Interlocal
Agreement shall constitute a default hereunder and any default under this Lease shall
constitute a default under the Interlocal. In the event of a conflict between the terms of the
Interlocal and this Lease, the Interlocal shall control.
ARTICLE If
RENT
Section 2.01 Annual Rent.
City shall pay County an annual net Rent of One ($1.00) Dollar (the "Annual Rent "),
payable without notice on the Commencement Date and each subsequent anniversary
thereof. Annual Rent shall be made payable to the Palm Beach County Board of County
Commissioners and shall be delivered to the Palm Beach County Parks and Recreation
Department, Administrative Services Division, 2700 6"' Avenue South, Lake Worth, Florida
33461. This Lease shall be what is commonly referred to as "triple net" to County, it being
understood by the parties that County shall receive the rent payable hereunder free and
clear of any and all impositions, taxes, liens, charges, and expense of any nature
whatsoever relating to ownership or operation of the Premises, including without limitation
those relating to taxes, if any, insurance, repair, maintenance, use, care, or operation.
Section 2.02 Assessments and Personal Property Taxes.
City shall pay before delinquency all ad valorem taxes, assessments, whether
general or special, and all other personal property taxes and assessments of any kind or
nature which may be levied by any governmental authority against the Premises, and/or
City's personal property located on the Premises. In the event this Lease or City's use of
the Premises renders the Premise subject to ad valorem real property taxes or similar
impositions imposed by any governmental entity, City shall be responsible for and shall pay
the same before delinquency.
Section 2.03 Additional Rent.
Any and all sums of money or charges required to be paid by City under this Lease
other than Annual Rent shall be considered "Additional Rent;" whether or not the same is
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specifically so designated and County shall have the same rights to enforce due and timely
payment by City of all Additional Rent as are available to County with regards to Annual
Rent.
ARTICLE III
CONDITION OF LEASED PREMISES, ALTERATIONS
Section 3.01 Acceptance of Premises by City.
City certifies that City has inspected the Premises and accepts same "As Is ", in its
existing condition together with any defects, latent or patent, if any, subject to all matters
of record. City further acknowledges that County has made no representations or
warranties of any nature whatsoever regarding the Premises, including, without limitation,
the physical condition of the Premises, any improvements or equipment located therein,
or the suitability thereof for City's intended use thereof. No repair work, alterations, or
remodeling of the Premises is required to be done by County as a condition of this Lease.
Section 3.02 Construction of Project.
City shall design and construct the Project at City's sole cost and expense, in
accordance with the requirements of this Lease, the Interlocal and the Conceptual Master
Plan attached hereto as Exhibit "B ". All of City's construction and improvements shall be
made and performed in a good and workmanlike manner and in full compliance with
applicable building codes and zoning regulations and shall be diligently performed to
completion.
Section 3.03 Alterations.
After completion of the Project and issuance of a certificate of completion therefore,
City shall not make any improvements, additions, modifications or alterations to the
Premises costing in excess of $100,000i,,, (hereinafter collectively referred to as
"Alterations "), without the prior written consent of County in each instance. City shall
submit detailed plans and specifications for all such Alterations to County for County's
written approval prior to commencing work on same. City agrees and acknowledges that
all work performed to the Premises, whether pursuant to this Section or otherwise, shall
be performed and accomplished solely for the benefit of City, and not for the benefit of
County, such work being nevertheless subject to each and every provision of this Lease
and the Interlocal. All work done by City shall be done in a good and workmanlike manner
and shall be diligently prosecuted to completion strictly in accordance with the approved
plans and specifications therefor. Upon giving its approval for any work or Alterations,
County may specify whether the Alteration is to be removed by City, at City's sole cost and
expense, upon the termination or expiration of this Lease.
ARTICLE IV
CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY
Section 4.01 Use of Premises.
3
City shall use and occupy the Premises solely and exclusively for a public park as
specified in this Lease, the Interlocal and the Conceptual Master Plan. City shall not use,
permit, or suffer the use of the Premises for any other purpose whatsoever without the
prior written consent of County, which consent may be granted orwithheld in County's sole
discretion.
Section 4.02 Waste or Nuisance.
City shall not commit or suffer to be committed any waste upon the Premises,
commit or permit the maintenance or commission of any nuisance or other act or thing
which may result in damage or depreciation of value of the Premises or which may affect
County's fee interest in the Premises or which results in an unsightly condition. All refuse
is to be removed from the Premises at City's sole cost and expense and City will keep such
refuse in proper fireproof containers on the interior of the Premises until removed. Lessee
will keep the access to the Premises, the parking areas and other contiguous areas to the
Premises free and clear of obstruction. City, at its sole cost and expense, will keep the
Premises free of rodents, vermin and other pests.
Section 4.03 Governmental Regulations.
City shall, at City's sole cost and expense, comply with all ordinances, laws, statutes
and regulations promulgated thereunder of all county, municipal, state, federal and other
applicable governmental authorities, now in force, or which may hereafter be in force,
pertaining to City or its use of the Premises, or the Premises generally. City shall not use,
maintain, store or dispose of any contaminants including, but not limited to, hazardous or
toxic substances, chemicals or other agents on the Premises or any adjacent land in any
manner not permitted bylaw. City shall indemnify, defend and save County harmless from
any and all penalties, fines, costs, expenses, suits, claims, or damages resulting from City's
failure to perform its obligations in this Section.
Section 4.04 Non - Discrimination.
City shall assure and certify that it will comply with the Title IV of the Civil Rights Act
of 1964, as amended, and Palm Beach County Resolution No. R92 -13, and shall not
discriminate against any individual on the basis of their race, color, national origin, religion,
ancestry, sex, age, martial status, sexual orientation or disability with respect to any activity
occurring on the Premises or under this Agreement.
Section 4.05 Surrender of Premises.
Upon termination or expiration of this Lease, City shall, if so directed by County,
remove, at its sole cost and expense, City's personal property, removable fixtures,
equipment and Alterations from the Premises, and shall surrender the Premises to the
County in good condition and repair. Alternatively, County may elect to have title to any
or all improvements or Alterations vest in County as of such expiration or termination.
Section 4.06 Concessions.
City may sublease concession space on the Premises to youth league non - profit
organizations for sale of food and /or merchandise. Any such sublease or license shall
incorporate the terms of this Lease by reference and include the insurance requirements
4
contained in the attached Exhibit "C" as the same may be amended from time to time by
County in its reasonable discretion. City shall be entitled to retain the proceeds generated
by such subleases. Such subleases shall not release City from any of its obligations under
this Lease. Further, City shall comply with and City shall be obligated to ensure that such
sublessees comply with the terms of this Lease and all applicable federal, state, and
county laws, rules, regulations and ordinances pertaining to the foregoing including, without
limitation, the sale of retail goods, food and beverages and the collection and remittance
of sales tax as applicable.
Section 4.07 Special Events.
City shall be entitled to grant short term licenses reserving the park's picnic facilities
for use by groups. Any such special events license shall incorporate the terms of this
Lease by reference and include the insurance requirements and special events policies
contained in the attached Exhibit "D" as the same may be amended from time to time by
County in its reasonable discretion. City shall be entitled to retain the proceeds generated
by such licenses. Such licenses shall not release City from any of its obligations under this
Lease. Further, City shall be obligated to ensure that such licensees comply with the terms
of this Lease and all applicable federal, state, and county laws, rules and ordinances.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of County and City.
County shall not be obligated or required to make or conduct any maintenance or
repairs whatsoever to the Premises. City shall keep and maintain all portions of the
Premises, and all improvements and Alterations constructed on or about the Premises, in
good condition and repair, at City's sole cost and expense.
Section 5.02 County's Right to Inspect.
County or County's agents shall have the right, upon reasonable prior notice to City
(except that no notice need be given in case of emergency) to enter the Premises for the
purpose of inspection of the Premises and the improvements located thereon. Any such
entrance into the Premises shall be conducted by County in a manner calculated to
minimize interference with or disruption of City's operations within the Premises.
ARTICLE VI
UTILITIES
City shall be solely responsible for all costs and expenses relating to providing utility
service to the Premises and shall pay directly to the utility company or the provider of such
service all charges and assessments for any utility services provided including, without
limitation, water, sewer, gas, electricity, trash collection and removal or any other utility
used or consumed on the Premises. In no event shall County be liable for an interruption
or failure in the supply of any such utility to the Premises.
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ARTICLE VII
INSURANCE
Without waiving the right to sovereign immunity as provided by s.768.28 fs., CITY
acknowledges to be self- insured for General Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000
Per Occurrence; or such monetary waiver limits that may change and be set forth by the
legislature.
In the event CITY maintains third -party Commercial General Liability and Business Auto
Liability, in lieu of exclusive reliance of self- insurance under s.768.28 fs., CITY agrees to
maintain said insurance policies at limits not less than $500,000 each occurrence. CITY
agrees to add the COUNTY as an "Additional Insured" with a CG 2026 Additional Insured
- Designated Person or Organization endorsement, or similar endorsement, to the
Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach
County Board of County Commissioners, a Political Subdivision of the State of Florida, its
Off icers, Employees and Aqents, c/o Parks & Recreation Department. CITY agrees the
Additional Insured endorsement provides coverage on a primary basis. Claims -bill
indemnification style coverage shall not be considered third -party liability for the purpose
of this paragraph.
CITY agrees to maintain or to be self- insured for Worker's Compensation & Employer's
Liability insurance in accordance with Florida Statute 440.
CITY agrees to maintain property insurance, which would include builder's risk insurance
provide by CITY or CITY's hired contractor, while the project is in the course of construction
in an amount at least equal to the estimated completed project value as well as
subsequent modifications of that sum. CITY agrees to endorse COUNTY as an "Additional
Insured" on the builder's risk. When construction is completed, CITY agrees to maintain
all -risk property insurance for adequate limits of coverage on the building(s) and contents
based on CITY's replacement cost calculation, or the highest probable maximum loss
estimate for the perils of either fire, wind, or flood. CITY agrees to be fully responsible for
any deductible, uncovered loss, or self- insured retention.
When requested, CITY agrees to provide a statement or Certificate of Insurance
evidencing insurance, self- insurance and/or sovereign immunity status, which COUNTY
agrees to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve CITY of its liability and
obligations under this Agreement.
CITY agrees it's self- insurance, general liability, automobile liability, and property
insurance shall be primary as respects to any coverage afforded to or maintained by
COUNTY.
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ARTICLE VIII
INDEMNIFICATION
It is understood and agreed that City is merely a Tenant of County and is an
independent contractor and is not an agent, servant or employee of County or its Board
of County Commissioners. City shall to the extent permitted by law, indemnify, defend and
save harmless the County from and against any and all claims, suits, actions, damages
and/or causes of action arising during the Term of this Lease including without limitation
those arising as a result of City's use and occupancy of the Premises, any personal injury,
loss of life, environmental contamination, and/or damage to property sustained in or about
the Premises by reason, during or as a result of the use and occupancy of the Premises
by the City, its agents, employees, licensees, invitees and the general public, and from and
against any orders, judgements, and/or decrees which may be entered thereon, and from
and against all costs, attorney's fees, expenses and liabilities incurred in and about the
defense of any such claim at trial or on appeal. In the event County shall be made a party
to any litigation commenced against City or by City against any third party, then City shall
protect and hold County harmless and pay all costs and attorney's fees incurred by County
in connection with such litigation, and any appeals thereof. Notwithstanding anything
herein to the contrary, City shall not be obligated to indemnify or hold harmless County for
matters which are judicially determined to be attributable to the negligent or intentional acts
or omissions of County. City recognizes the broad nature of this indemnification and hold
harmless clause, and voluntarily makes this covenant and expressly acknowledges the
receipt of good and valuable consideration provided by the County in support hereof in
accordance with the laws of the State of Florida. This section shall survive the termination
of this agreement.
ARTICLE IX
DESTRUCTION OF PREMISES
Section 9.01 Damage or Destruction by Fire, War or Act of God.
In the event the Premises shall be destroyed or damaged or injured by fire or other
casualty during the Term of this Lease, City shall restore the Premises to the same or
better condition then that which existed prior to such casualty. City shall commence such
restoration within a reasonable time after such casualty but in no event later than one
hundred and eighty (180) days of such casualty. City shall thereafter diligently pursue such
restoration to completion.
ARTICLE X
ASSIGNMENT AND SUBLETTING
Section 10.01 Consent Required.
Except as otherwise provided herein regarding concessions and licenses, City may
not assign, mortgage, pledge or encumber this Lease in whole or in part, nor sublet or rent
all or any portion of the Premises nor grant any easements affecting the Premises, without
prior written consent of County, which may be granted or withheld at County's absolute
7 (�') 0 0u
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discretion. This provision shall be construed to include a prohibition against any
assignment, mortgage, pledge, encumbrance, or sublease, by operation of law, legal
process, receivership, bankruptcy, or otherwise, whether voluntary or involuntary.
ARTICLE XI
DEFAULT OF CITY
Section 11.01 Events of Default.
The occurrence of any one or more of the following shall constitute an Event of
Default by City under this Lease: (i) City's default under the Intedocal; (ii) City's failure
to pay any sum due hereunder within thirty (30) days after the same shall become due;
(iii) City's failure to perform or observe any of the agreements, covenants or conditions
contained in the Lease on City's part to be performed or observed if such failure continues
for more than sixty (60) days after notice from County unless the same is of such a nature
that it can not reasonably be cured within such a time period, in which event City shall be
entitled to a reasonable period under the circumstances; or (iv) City's vacating or
abandoning the Premises. If any Event of Default occurs, then at any time thereafter while
the Event of Default continues, County shall have the right to give City notice that County
intends to terminate this Lease upon a specified date not less than thirty (30) days after the
date notice is received by City, and this Lease shall then expire on the date specified as
if that date had been originally fixed as the expiration date of the Term of this Lease. If,
however, the default is cured within the thirty (30) day period and the County is so notified,
this Lease will continue.
ARTICLE X11
ANNUAL BUDGETARY FUNDING /CANCELLATION
This Agreement and all obligations of County hereunder are subject to and
contingent upon annual budgetary funding and appropriations by the Palm Beach County
Board of County Commissioners.
ARTICLE XIII
QUIET ENJOYMENT
Section 13.01 County's Covenant.
Upon payment by the City of the Rent and other charges herein provided, and upon
the observance and performance of all the covenants, terms and conditions on City's part
to be observed and performed, City shall peaceably and quietly hold and enjoy the
Premises for the Term hereby demised without hindrance or interruption by County or any
other person or persons lawfully or equitably claiming by, through or under the County,
subject, nevertheless, to the terms and conditions of this Lease.
fi 0168 0
ARTICLE XIV
MISCELLANEOUS
Section 14.01 Entire Agreement.
This Lease, the Interlocal, and any Exhibits attached thereto, constitute all
agreements, conditions and understandings between County and City concerning the
Premises. All representations, either oral or written, shall be deemed to be merged into
this Lease, and the Interlocal. Except as herein otherwise provided, no subsequent
alteration, waiver, change or addition to this Lease shall be binding upon County or City
unless reduced to writing and signed by them.
Section 14.02 Notices.
Any consents, approvals and permissions by the County shall be effective and valid
only if in writing, and any notice by either party to the other shall be in writing and shall be
deemed to be duly given only if mailed prepaid by certified mail return receipt requested,
addressed:
(a) If to the County at:
Property and Real Estate Management Division
3323 Belvedere Road, Building 503
West Palm Beach, FL 33406 -1548
with a copy to:
Palm Beach County
Parks and Recreation Department
2700 6th Avenue, South
Lake Worth, FL 33461
(b) If to the City at:
City of Palm Beach Gardens
City Hall: 10500 N. Military Trail
PBG Gardens, FL 33410
Either party hereto may change the address for service of notices required or
permitted hereunder upon ten (10) days prior written notice. All notices given hereunder
shall be effective and deemed to have been duly given only upon receipt by the party to
which notice is being given, said receipt being deemed to have occurred upon such date
as the postal authorities shall show the notice to have been delivered, refused, or
undeliverable, as evidenced by the return receipt.
9
i
Section 14.03 Severability.
If any term of this Lease or the application thereof to any person or circumstances
shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the
remainder of this Lease, or the application of such term to persons or circumstances other
than those as to which it is invalid or unenforceable, shall not be affected thereby, and
each term of this Lease shall be valid and enforceable to the fullest extent permitted by
law.
Section 14.04 Broker's Commission.
Each of the parties represents and warrants to the other that they have not dealt
with any real estate salesperson, agent, finder or broker in connection with this Lease.
Section 14.05 Recording.
City shall not record this Lease, or any memorandum or short form thereof, without
the written consent and joinder of County.
Section 14.06 Waiver of Jury Trial.
The parties hereto waive trial by jury in connection with proceedings or counter
claims, brought by either of the parties hereto against the other, in connection with this
Lease.
Section 14.07 Governing Law and Venue.
This Lease shall be governed by and interpreted according to the laws of the State
of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach
County, Florida.
Section 14.08 Radon.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to
it overtime. Levels of radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and radon testing may be
obtained from County's public health unit.
Section 14.09 Time of Essence.
Time is of the essence with respect to the performance of every provision of this
Lease in which time of performance is a factor.
Section 14.10 Waiver, Accord and Satisfaction.
The waiver by County of any default of any term, condition or covenant herein
contained shall not be a waiver of such term, condition or covenant, or any subsequent
default of the same or any other term, condition or covenant herein contained. The
consent or approval by County to or of any act by City requiring County's consent or
10
P-. j -J 0 1
approval shall not be deemed to waive or render unnecessary County's consent to or
approval of any subsequent similar act by City.
Section 14.11 Non - exclusivity of Remedies.
No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
Section 14.12 Construction.
No patty shall be considered the author of this Agreement since the parties hereto
have participated in extensive negotiations and drafting and redrafting of this document to
arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly
construed against one party as opposed to the other patty based upon who drafted it. In
the event that any section,. paragraph, sentence, clause, or provision hereof be held by a
court of competent jurisdiction to be invalid, such shall not affect the remaining portions of
this Agreement and the same shall remain in full force and effect.
Section 14.13 Incorporation by References.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated
into this Agreement by reference.
Section 14.14 Effective Date of Agreement.
This Agreement is expressly contingent upon the approval of the Palm Beach
County Board of County Commissioners, and shall become effective only when signed by
all parties and approved by the Palm Beach County Board of County Commissioners.
INTENTIONALLY LEFT BLANK
11
Cl 069,21
IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of
the day and year first above written.
0
ATTEST: PALM BEACH GARDENS
By: By:
Clerk Mayor
•
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Palm Beach Gardens' Attorney
ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS
DOROTHY H. WILKEN, CLERK BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chair
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
0Y�,�
LISTS OF EXHIBITS
•
Description
The Premises
Conceptual Master Plan
Concessionaire Insurance Requirements
Special Events Policies
•
•
Exhibits
Exhibit "A"
Exhibit `B"
Exhibit "C°
Exhibit "D"
U . J `A
•
EXHIBIT "A" to Lease
The Premises
so() i95
EXHIBIT -Au TO TRASE
PA.IM BEACH GARDENS DISIRICT
(Legal Description of Option Property)
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING LN SECTIONS I AND 21 TOWN -' rHIP 4? SOUTF- RA,vGE 43
EAST, PA.LIV BEACH COUNTY. FLORIDA., BFu�1G MOBS P �RTICiiLARLY
DESCRIBED AS FO{ -ATWS:
CONRAENCE AT THE SOb-17 -'NEST CORNER OF Try NOR r- 'WES'? ONE -QU AR-r-Q
OF SAM SECTION 1; TTIT--NCE NORTH 01 °53'55' EAST, ALONG THE WEST LINE OF
SAID NORTHWEST ON FE- QUARTER A DISTANCE OF 73-2.20 F-=---T. Tl'TZNCE SOU-T1;
88°06'05" EAST, DE.DARMIG SAID WEST LINE, A DISTANCE OF 30.00 FF—ST TO 7-HE
POINT OF BEGI`i lei LING; T'lIMNI CE N01tTn 01 °53'55" EAST. A DIST --LNCF- OF 542.10
FRET; Tr�NCE N0Rl'A 33 °20' 15' WEEST, ALONG, IN PART, Try NOR17- LME OF
117TH COL7RT, ?S DESCRIED IN I ORS 6496, PACE 325, OF Tr= PU' UC RECORDS OF
SAID COUNTY, A DISTANCE OF 1758.02 FEET TO A 1DOLN- T ON A CURVE., FROM
MUCH A RADIAL i _LvE BEARS NORTH. 0.1 03 9'52" EAST; THF_NCE
NORT WESTERLY, ALONG SAID NORTH L.LNE, ON A CURVE CONCAVE TO TFM
NORTH, HAVNG A RADIUS OF 1460.00 FEET, Tr:tOUGr" A CE:NI'AL ANGLE OF
17 °26'32" AND AN ?SRC DISTANCE OF 444.46 FEEL TO THE PON OF TA.NGMNCY;
THENCE NORT'r' 70 °53' =6" WEST, ALONG SAID NCRT -� Lari, A DIST. INCE OF
273.98 'FF=; T:MICE NORTH 25 016'43" WEST, ALONG SAID NORM? LINE, A
DISTANCE OF 57.24 FEE; TO A POINT ON THE EAST LINE OF CENTRAL
BOULEVARD, AS DESCRIBED L`I ORB.5104, PAGE 945, OF 713M PUBLIC RECORDS OF
SAID COUNTY, BED -SIG A POLNIT ON A CL"RVE, FR :M WFICH A R.A-DLkL LLti7E BEAM
SOUTH 69°39'50" EAST; TrEICF. NORTI-MASTERLY, P1ANG SAID EAST LINE, ON A
CURVE CONCAVE TO THE SOUTET-AST. HAVING A RADFUS OF 3759.72 FIE-E I
Ti'ROUGF A CMYTRA? A -NGLE OF 10 °43' 1 S" A.iI1D AN ARC DISTANCE OF 709.03
FEET; THENCE SOL"Iii 83°20'15" EAST. A DISTANCE OF 2992.34 F —EET TO A POINT
ON THE WESMtZJ -Y RIG! -T -OF -WAY LLNE OF STATE ROAD NO. 9 (PER FDOT (I -95)
RIGHT -OF -WAY VL-�P SECTION (40.93220- 2474); VICE SOL-MH 30'33'11" EAST.
ALONG SAD w -ESTERLY RTG'r:T -OF -WAY LRiF, A DISTJu CE OF 530.26 FP";-l.
THENCE SOU%: 26 °33' l 1" EAST, ALONG SAID WESTERLY RIGHT- OF-WA.Y LLI-E, A
DISTANCE OF 432.72 FEET; TIHENCE SOUTH 01'4 7' 15- WEST, DE?ARThNG SAID
'WESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 554.37 r F 1'-T; "I =mi-, C'�' NORTH.
83°32' 14" WEST. A DISTANCE OF 1236.51 FEE I TO TIAE POINT OF BEGIN -NNG.
iE ABOVE DESCRIBED PARCEL- OF LAND CONTAINS AN ARE. OF 31.79 ACRES,
)RE OR LESS.
. rl ( �
_jc_'•s'.i9- JU- O�A•V\DES .L4°.a N TE.NMS CGUR=• -dcc
•
•
EXHIBIT "B" to Lease
Conceptul Master Plan
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EXHIBIT "C" to Lease
Concessionaire, Insurance Requirements
City shall require all concessionaires to maintain Commercial General Liability with
limits of liability not less than $1,000,000, and to endorse both the County and City to
the policy as an Additional Insured. City shall obtain and, when requested by the
County, furnish copies of certificates of insurance evidencing such coverage for the
concessionaire. Compliance with this requirement shall not relieve City's duty to comply
with Article VII of this Lease regarding insurance.
() 0 ()aO
•
EXHIBIT "D" to Lease
Special Events Policies
Except for County- sponsored events, when City permits or schedules the use of the
Premises for a special event or use by outside persons /groups, City shall require the
special event or outside person /group to maintain Commercial General Liability with
limits of liability not less than $1,000,000, and to endorse both the County and City to
the policy as an Additional Insured. City shall obtain and, when requested by the
County, furnish copies of certificates of insurance evidencing coverage for the special
event or outside person /group. Compliance with this requirement shall not relieve City's
duty to comply with Article VII of this Lease regarding Insurance.
EXHIBIT E
(Interlocal)
CONCEPTUAL MASTER PLAN
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• CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
•
•
Meeting Date: April 17, 2000
Date Prepared: March 28, 2000
SUBJECT /AGENDA ITEM:
Consideration of Approval: Resolution 32, 2000, a request to amend the Frenchman's
Creek PCD Golf Course Site Plan to expand the existing clubhouse by 4,421 square
feet, and add a 15,261 square -foot fitness and tennis center
RECOMMENDATION:
Staff recommends approval of Resolution 32, 2000, which contains conditions of
approval.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorne
Growth Management
( ] Approved
Finance NA
$
[ ] Approved w/
ACM
Current FY
conditions
Human Res. NA
[ ] Denied
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
*Resolution 32, 2000
a Frenchman's Creek
POA letter
• Waiver request &
justification statement
• Letter from Northern
Palm Beach County
Improvement District
• Letter from Assistant
Fire Chief /Fire Marshal
[X] Not Required
* Site Plan
Submittei
/a �
Growth � %� g
Affected parties
Budget Acct. #::
Director
[ ] Notified
[ ] None
Approved by:
City Manager _
f
[X] Not required
I\)
0 - U-Y
•
City Council
Meeting Date: April 17, 2000
Date Prepared: March 28, 2000
Petition SP -99 -25
REQUEST
Cotleur & Hearing, Inc., agent for Frenchman's Creek Golf Course, is requesting to
amend the site plan for the Frenchman's Creek Clubhouse. The site is located within
the Frenchman's Creek Planned Community District (PCD) at the southeast corner of
Alternate A1A and Donald Ross Road. The 24.45 -acre site currently contains a 59,956
square -foot clubhouse, 17 tennis courts, and a 560 square -foot pool pavilion. This
amendment proposes to expand the existing clubhouse by 4,421 square feet, and add a
freestanding 15,261 square -foot fitness and tennis center. (30-41 S-43E)
BACKGROUND
The Frenchman's Creek PCD was originally approved in 1973 when it was under the
jurisdiction of Palm Beach County. The Palm Beach County Development Review
Committee approved the Clubhouse in 1986 with the passage of Petition 73 -90, Exhibit
No. 64. The PCD was annexed into the City of Palm Beach Gardens in 1988 with the
adoption of Ordinance 49, 1988. Currently, the site contains 644 single - family
residential units, a marina, a golf course, and a clubhouse with tennis courts and a pool.
LAND USE & ZONING
The subject site is zoned Planned Community District (PCD) with an underlying zoning
of Golf (G), has a future land -use designation of Golf (G), and is listed as Golf (G) on
the Vision Plan. For a complete listing of adjacent uses, land -use designations and
zoning districts, see Table 1 on the following page. Table 2 on page four (4) examines
how consistent the proposed project is with the City Code and future land -use
designation for the site.
CONCURRENCY
This project does not propose an increase in the number of members belonging to the
Frenchman's Creek Golf and Tennis Club. In terms of the traffic impact, the City's
Traffic Consultant has found that the small increase in the number of trips (28) does not
create a significant impact.
2
0 01 10, 4
Subject Property
Golf and Tennis
Clubhouse
North
Frenchman's Creek PCD
South
Frenchman's Creek PCD
West
East
Planned Community
District (PCD) with an
underlying zoning of Golf
(G)
Planned Community
District (PCD) with an
underlying zoning of Golf
(G) and Residential — Low
Density 3 (RL -3)
Planned Community
District (PCD) with an
underlying zoning of Golf
(G) and Residential — Low
Density 3 (RL -3)
Planned Community
District (PCD) with an
underlying zoning of Golf
(G) and Residential — Low
Density 3 (RL -3)
Planned Community
District (PCD) with an
underlying zoning of Golf
(G) and Residential — Low
Density 3 (RL -3)
3
City Council
Meeting Date: April 17, 2000
Date Prepared: March 28, 2000
Petition SP -99 -25
Golf (G)
Golf (G) and Residential —
Low Density 3 (RL -3)
Golf (G) and Residential —
Low Density 3 (RL -3)
Golf (G) and Residential —
Low Density 3 (RL -3)
Golf (G) and Residential —
Low Density 3 (RL -3)
r4
City Council
Meeting Date: April 17, 2000
Date Prepared: March 28, 2000
Petition SP -99 -25
�I SIN,
ENC�
'� Code Requirement°
Pro osedPlan �� �Consistent�
'
��.kx�.
Site = G /RL -3
Golf/Tennis Clubhouse
Yes
with Fitness Center
Minimum Building Site
24.45 acres
Yes
Area for RL -3: 6,500
Minimum Site Width for
—850 feet
Yes
RL -3: 65 feet
Maximum Building Lot
6%
Yes
it Coverage for RL -3: 35%
Maximum Building Height
61 feet*
No
for RL -3: 36 feet
"existing
(Legal Nonconformity)
approved clubhouse
building
Front Setback for RL -3:
Front Setback:
Yes
25 feet
> 25 feet
Side Setback for RL -3:
Side Setback:
Yes
—85 feet
�F
> 85 feet
Side Setback Facing a
Side Setback Facing a
1
Yes
Street for RL -3:
Street: > 20 feet
20 feet
Rear Setback for RL -3:
Rear Setback:
Yes
10 feet
> 10 feet
r4
•
City Council
Meeting Date: April 17, 2000
Date Prepared: March 28, 2000
Petition SP -99 -25
PUBLIC & PRIVATE SERVICES
The City's Development Review Committee reviewed this petition on February 24,
2000. A list of the various departmental comments is attached for review.
PROCEDURE
This is a. request to amend the approved site plan for an existing section of a PCD. The
request is reviewed by City Staff and the Development Review Committee, who forward
comments and recommendations to the Planning and Zoning Commission sitting as the
Site Plan and Appearance Review Committee. Acting in an advisory role, the
Commission considers the recommendations of the DRC and City Staff and makes a
recommendation to the City Council. The City Council reviews the request for an
amendment to an approved site plan, and makes a final determination of approval,
approval with conditions, or denial.
PROJECT DETAILS
Building Site
The site currently contains a 59,956 square -foot clubhouse, 17 tennis courts, and a 560
square -foot pool pavilion. This amendment proposes to expand the existing clubhouse
by 4,421 square feet, and add a freestanding 15,261 square -foot fitness and tennis
center. The project will result in a net increase of 14,078 square feet (detailed in the
site data on the site plan).
Site Access
Tournament Drive (off of Donald Ross Road) is the only access to the site.
Parking
The Frenchman's Creek Golf Clubhouse has had a problem in the past with parking.
The site was approved prior to being annexed into the City, therefore, they were not
required to meet the City's parking standards. To offset the parking problem, valet
parking has been used and some additional parking was recently added. The valet
parking operation has been using the circular drive and Tournament Drive to park the
cars; the use of Tournament Drive to park cars will cease with the approval of this
petition. The circular drive has been widened to accommodate parking spaces, and
more parking has been added to the western edge of the existing parking area (next to
the driving range).
With this petition the applicant has completely addressed the parking problem by
providing the code required amount of parking spaces.
5
•
•
City Council
Meeting Date: April 17, 2000
Date Prepared: March 28, 2000
Petition SP -99 -25
Si_gnage
No signage is being proposed for this site.
Phasinq
The proposed project will be done in one phase.
Frenchman's Creek Property Owners'Association (POA)
Frenchman's Creek POA fully supports the proposed project (see attachment).
Waivers
The applicant has submitted a waiver request and justification statement (see
attachment) for the following waiver:
*Minimum number of loading spaces — Section 118 -569, which requires a
minimum number of 3 loading spaces on site, to allow for 2 loading spaces.
The applicant's third loading space is not free and clear of obstructions (there is a
dumpster in the space), therefore it can not be counted as a loading space. However,
based on the attached justification statement, Staff recommends approval of this waiver.
Leqal Nonconformities
The building height for the existing clubhouse building is 61 feet, which exceeds the
maximum building height for RL -3 (36 feet). The height of the clubhouse is considered
a legal nonconformity because this building existed at the time this site was annexed
into the City.
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
Northern Palm Beach County Improvement District
Northern Palm Beach County Improvement District (Northern) has stated that the
proposed project is located within its jurisdiction. Therefore, the applicant will be
required to apply and obtain Northern's Standard Permit (see attachment).
Fire Department
The Fire Department has stated that because of the limited access to the proposed
fitness center, the building will have to be fully protected by a fire sprinkler system and a
standpipe system (see attachment).
To date, no objections have been received from the following departments and
agencies: Building Division, Planning & Zoning Division, Police Department, Parks &
Recreation Department, City Engineering, City Legal, Seacoast Utility Authority, Palm
6
City Council
Meeting Date: April 17, 2000
Date Prepared: March 28, 2000
Petition SP -99 -25
Beach County School District, South Florida Water Management District, Waste
Management, and Florida Power & Light.
RECOMMENDATION
Staff recommends approval of petition SP -99 -25 with the following conditions of
approval:
1. Prior to issuance of the final certificate of occupancy, the applicant shall
obtain Northern Palm Beach County Improvement District's standard
permit. (City Engineer)
2. Prior to the issuance of the final certificate of occupancy, the new
fitness /tennis center shall be equipped with a fully functional fire sprinkler
system and a standpipe system. (Fire Marshal)
3. Prior to the issuance of a building permit, the applicant shall submit the
necessary documentation showing that they have established an "Art-In-
Public Places" escrow account in the amount of 0.5% of the construction
costs for the expansion and renovation.
(Development Compliance Officer)
Staff also recommends approval of the following waiver request:
1. Minimum number of loading spaces — Section 118 -569, which requires a
minimum number of 3 loading spaces on site, to allow for 2 loading
spaces.
PLANNING & ZONING COMMISSION
The Site Plan and Appearance Review Committee reviewed this petition at their March
14, 2000 meeting. The Committee voiced no adverse comments regarding this petition,
and voted 6 — 0 to recommend approval of petition SP -99 -25 with the conditions and
waiver recommended by Staff.
As of the date of this report, City Staff has received no public comment on this project.
g /john: sp9925.cc
/j I
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7
MMarch 28, 2000
RESOLUTION 32, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF AN APPLICATION FROM FRENCHMAN'S
CREEK GOLF COURSE FOR AN AMENDMENT OF A
PREVIOUSLY - APPROVED SITE PLAN BY APPROVING
THE 4,421 SQUARE -FOOT EXPANSION OF THE EXISTING
CLUBHOUSE AND THE ADDITION OF A 15,261 SQUARE -
FOOT FITNESS AND TENNIS CENTER LOCATED IN THE
CENTER OF THE FRENCHMAN'S CREEK PLANNED
COMMUNITY DISTRICT (PCD) AT THE SOUTHEAST
CORNER OF ALTERNATE A1A AND DONALD ROSS ROAD,
AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR A WAIVER; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application
• from Frenchman's Creek Golf Course for approval of an amendment to a
previously- approved site plan located at the southeast corner of Alternate
A1A and Donald Ross Road, in order to construct a 4,421 square -foot
addition to the existing clubhouse and a 15,261 square -foot fitness and
tennis center on the 24.45 -acre site as more particularly described in Exhibit
"A" attached hereto; and
WHEREAS, the 24.45 -acre "Frenchman's Creek Golf Course and
Clubhouse" site is currently zoned Planned Community District (PCD) with
an underlying zoning of Golf (G), and a future land use of Golf (G); and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said
application and determined - that it is consistent with the City's
Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended
approval of the amendment of the site plan known as the Frenchman's
Creek Golf Course and Clubhouse; and
WHEREAS, the City's Planning and Zoning Commission has
8
Resolution 32, 2000
Meeting Date: April 17, 2000
Date Prepared: March 28, 2000
Petition SP -99 -25
reviewed said application and recommended that it be approved with the
requested waiver 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 approves an amendment to the "Frenchman's Creek Golf
Course and Clubhouse" site plan at the southeast corner of Alternate A1A
and Donald Ross Road, as more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference, to permit the
construction of a 4,421 square -foot clubhouse expansion and a 15,261
square -foot fitness and tennis center.
SECTION 2. Said Planned Unit Development is approved subject to
the following conditions, which shall be the responsibility of the applicant, its
successors or assigns:
1. Prior to issuance of the final certificate of occupancy,
the applicant shall obtain Northern Palm Beach County
Improvement District's standard permit. (City Engineer)
2. Prior to the issuance of the final certificate of
occupancy, the new fitness /tennis center shall be
equipped with a fully functional fire sprinkler system and
a standpipe system. (Fire Marshal)
3. Prior to the issuance of a building permit, the applicant
shall submit the necessary documentation showing that
they have established an "Art -In- Public Places" escrow
account in the amount of 0.5% of the construction costs
for the expansion and renovation. (Development
Compliance Officer)
SECTION 3. The following waiver is hereby granted with this
approval:
1. Minimum number of loading spaces — Section 118 -569,
which requires a minimum number of 3 loading spaces
on site, to allow for 2 loading spaces.
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:
9
10 CIf I
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•
•
Resolution 32, 2000
Meeting Date: April 17, 2000
Date Prepared: March 28, 2000
Petition SP -99 -25
Official Exhibits:
1. March 3, 2000 Master Site Plan, Cotleur Hearing, Sheet 1 of 4 (1
sheet).
2. March 3, 2000 Landscape Plan — Fitness Center, Cotleur Hearing,
Sheet 2 of 4 (1 sheet).
3. March 3, 2000 Landscape Details, Cotleur Hearing, Sheet 3 of 4 (1
sheet).
4. March 3, 2000 Landscape Plan — Affected Area, Cotleur Hearing,
Sheet 4 of 4 (1 sheet).
5. December 21, 1999 Lower Level Floor Plan, Peacock + Lewis
Architects and Planners, Inc., Sheet A -1 (1 sheet).
6. December 21, 1999 Upper Level Floor Plan, Peacock + Lewis
Architects and Planners, Inc., Sheet A -2 (1 sheet).
7. December 21, 1999 North and South Elevations, Peacock + Lewis
Architects and Planners, Inc., Sheet A -3 (1 sheet).
8. December 21, 1999 East and West Elevations, Peacock + Lewis
Architects and Planners, Inc., Sheet A-4 (1 sheet).
9. March 9, 2000 Existing Roof Plan, Peacock + Lewis Architects and
Planners, Inc., Sheet A A -3 (1 sheet).
10. March 9, 2000 Roof Plan, Peacock + Lewis Architects and Planners,
Inc., Sheet A A -3A (1 sheet).
11. December 21, 1999 Floor Plan of Tennis /Fitness Building, Peacock
+ Lewis Architects and Planners, Inc., Sheet B A -1 (1 sheet).
12. December 21, 1999 Exterior Elevations of Tennis Building, Peacock
+ Lewis Architects and Planners, Inc., Sheet B A -2 (1 sheet).
13. December 21, 1999 Exterior Elevations and Floor Plan of New Pool
Building, Peacock + Lewis Architects and Planners, Inc., Sheet C A -1
(1 sheet).
14. February 10, 2000 Parking Area Photometric Data, Peacock + Lewis
Architects and Planners, Inc., Sheet E1.1 (1 sheet).
15. February 10, 2000 Cart Parking / Path Photometric Data, Peacock +
Lewis Architects and Planners, Inc., Sheet E1.2 (1 sheet).
Supportinq Documents:
1. March 2, 2000 Concept Engineering Plan, Southern Design Group,
Inc., Sheet 1 of 1 (1 sheet).
2. January 25, 2000 Topographic Survey, Wallace Surveying
Corporation, Sheet 1 of 1 (1 sheet).
10
0,0 11
w
Resolution 32, 2000
Meeting Date: April 17, 2000
Date Prepared: March 28, 2000
Petition SP -99 -25
SECTION 5. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS DAY OF 2000.
MAYOR JOSEPH R. RUSSO
ATTEST BY:
CAROL GOLD
INTERIM CITY CLERK
0 APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
g /john: sp9925.res
/jl
11
AYE NAY
ABSENT
•
•
Resolution 32, 2000
Meeting Date: April 17, 2000
Date Prepared: March 28, 2000
Petition SP -99 -25
EXHIBIT "A"
A PART OF THE PLAT OF THE FRENCHMAN'S CREEK
GOLF COURSE AS RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA,
PLAT BOOK 67 PAGE 101 -109.
12
•
•
0
I . NJ
February 29, 2000
Planning and Zoning Committee
City of Palm Beach Gardens
To Whom It May Concern:
At a Special Meeting of the Property Owners' Association held on Saturday, December
4, 1999 the homeowners voted to approve the renovation and construction of the
Clubhouse Facility.
Sincerely,
FRENCHMAN'S CREEK
PROPERTY NERS' ASSOCIATION
Martin Cohen
President
PANNING
ZONING
0 013. -J
FRENCHMAN'S CREEK
13495 Tournament Drive • Palm Beach Gardens, Florida 33410 -1299 • (561) 622 -8300 • Fax (561) 624 -2790
MAR-09 -00 U:22PM FR0W
Cotleum
Hearing
landscape AmWk ds
Land Planners
Emiimm"ntol Conwhanh
March 9, 2000
Frenchman's Creek Country Club
Club House Renovation "Expandivation"
Waiver Request Justification
CDR Section: 118 -569 Number of Loading Spaces Required.
T -269 P.02/02 F -065
Section 118 -569 of the Land Development Regulations (LDR) requires 3 loading spaces
for buildings containing between 50,000 and 100,000 square feet. LDR Section 188 -567
stipulates the location and size requirements for loading spaces. Loading spaces are
required to be a minimum of 12' wide by 35' long exclusive of maneuvering areas
platforms and other appurtenances. Based on this criterion, the Frenchman's Creek Club
house requires 3 -12' x 35' loading spaces. The existing clubhouse facility provided 2
formal elevated loading dock spaces exceeding the size required by the LDR's.
Additional room within the existing loading spaces is available to accommodate an
additional 12' x 35' space. (Refer to loading detail on the Site Plan)
While the existing condition requires 3 - 12' x 35' loading spaces, one of these spaces is
located in front of the facilities trash compactor. The trash compactor is removed and
replaced on a weekly basis and thus will have little impact on the functionality of the
loading area. Club representatives are present at the service and loading area at most
occasions to assist vendors making deliveries. The applicant requests a waiver from the
strict interpretation of the LDR's to allow the trash compactor to exist behind one of the
loading spaces. The Frenchman's Creek Clubhouse Facility has been in place for over 15
years. During this time frame the service and loading area has adequately functioned to
meet the needs of the facility. The proposed renovation will have a minimal impact on
the existing level of service.
Maplewood Professional Censer
1934 Commerce lane - svile 1
Jvpiw, flwido 33458
l.icl 1C- CO00239
361 - 747 -6336 FAX 561.747.1377
htfp: /www_codeuaboarin9.com
•
FEB -10 -2000 17.22 N.N.B.C. IMHNUVEMENI DIST 561 624 7639 P.04iO4
N (,—j HERN PALM BEACH COUNT" -MPROVEM ENT DISTRICT
33:. ITT ORIVE. PALM BEACH GARDENS, FLORIDA S b • 561 -624 -7030 • FAX 561 -62a -7839
0
John Lindgren, City Planner
City of Palen Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410 -4698
February 10, 2000
VIA FAX ONLY 775 -1014
Re: SP -99 -25 Frenchman's Creek Country Club Renovation
Unit of Development No. 02
Dear Mr. Lindgren:
We are in receipt of your memorandum of February 9, 2000 to the Development Review Committee
members regarding the referenced project. Please be advised this project is located within Northern's
Unit of Development No. 02. Therefore, the applicant will be required to apply for and obtain
Northern's Standard Permit prior to commencement of construction.
Please feel free to contact me if you have any questions regarding this matter. Thank you- for your
cooperation.
TCR:vbl
•
Tracy C.,Robb, P.E.
Staff Engineer
C'
AFB �),��e
A j
`10
TOTAL P.04
•
•
•
t__iY OF PALM BEACH GARDE .IS
MEMORANDUM
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 33410 -4698
TO: John Lindgren, Planner DATE: February 17, 2000
FROM: Scott Fetterman, Asst. Chief / Fire Marshal <_
SUBJECT: SP- 99 -25, Frenchman's Creek Country Club Renovation
The Fire Rescue Department has reviewed the above reference petition and has the
following comments or concerns:
1. Due to the limited access to the new proposed fitness center, the Fire Rescue
Department is requiring the building to be fully protected by a fire sprinkler system and a
standpipe system.
Thank you for your continued assistance and consideration in these matters. Please
contact me if you have any questions or any future changes are proposed.
4
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CJ
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 04/10/00
Meeting Date: 04/17/00
Subject/Agenda Item
Resolution 35, 2000, Authorizing a Loan Agreement with Republic Security Bank
Recommendation /Motion:
Consider a motion to adopt Resolution 35, 2000.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
(Total)
City Attorney (i�:,
Finance
[ ]Approved
$ 0
[ ] Approved w/
Finance
Current FY
conditions
( ] Denied
ACM
Funding ource:
9
[ ]Continued to:
Advertised:
Attachments:
Other
Date:
[ ] Operating
Submitted by:
Kent R. Olson RO
Department Director
Approved by:
City Manager
Paper:
[ X] Not Required
Affected parties
[ ] Notified
[ X ] Not required
[ ] Other
Budget Acct. #:
Memorandum
[ ] None
•
•
44 CITY OF PALM BEACH GARDENS
MEMORANDUM
r;
TO: Mayor and City Council DATE: April 10, 2000
APPROVED: Nabar E. Martinez, City Manager P/-P-
FROM: Kent R. Olson, Finance Director
SUBJECT: Resolution 35, 2000
BACKGROUND
The City of Palm Beach Gardens has planned in its fiscal year 2000 Budget to
finance the purchase of park land, a fire truck as well as the construction costs of Fire
Station #3 in the southwest part of the City. Resolution 35, 2000 will implement the
provisions of the Bank Line of Credit with Republic Security Bank.
DISCUSSION
Mark Raymond, the City's bond counsel, has drafted Resolution 35, 2000 to formally
approve the line of credit arrangement with Republic Security Bank. Adoption of this
resolution will provide the legal authorization for the City to enter into the loan
agreement with the bank.
RECOMMENDATION
Staff recommends adoption of Resolution 35, 2000, authorizing the City to enter
into a loan agreement with Republic Security Bank.
C7
RESOLUTION 35, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA; AUTHORIZING THE
ISSUANCE OF A PROMISSORY NOTE OF THE CITY IN THE
PRINCIPAL AMOUNT OF NOT TO EXCEED .$10,000,000 TO
FINANCE VARIOUS CAPITAL EXPENDITURES OF THE
CITY; APPROVING THE FORM OF A LOAN AGREEMENT;
PROVIDING THAT SUCH NOTE SHALL NOT BE A GENERAL
OBLIGATION OF THE CITY BUT SHALL BE PAYABLE
ONLY FROM CERTAIN NON -AD VALOREM REVENUES
AND OTHER MONIES AS PROVIDED HEREIN; PROVIDING
FOR THE RIGHTS, SECURITIES AND REMEDIES OF THE
OWNER OF SUCH NOTE; PROVIDING FOR THE CREATION
OF CERTAIN FUNDS; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, THAT:
Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the
provisions of Article VIII, Section 2, Constitution of the State of Florida, Chapter 166, Florida
Statutes and other applicable provisions of law.
Section 2. Definitions. The following words and phrases shall have the following
meanings when used herein:
"Act" means Article VIII, Section 2, Constitution of the State of Florida, Chapter 166,
Florida Statutes and other applicable provisions of law.
"Advance" means a borrowing of money under the Note pursuant to the Loan Agreement.
"Business Day" means any day except any Saturday or Sunday or day on which the
Principal Office of the Original Purchaser is closed.
"Code" means the Internal Revenue Code of 1986, as amended, and any Treasury
Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto.
"Cost" means any obligation or expense incurred by the Issuer to the extent permitted by
the Act.
"Issuer" means City of Palm Beach Gardens, a municipal corporation and political
subdivision of the State created and existing pursuant to the Act.
"Loan Agreement" means the Loan Agreement attached hereto as Exhibit B(), 0 1. 1)
"Mayor" means the Mayor or Vice -Mayor of the Issuer.
"Non Ad Valorem Revenues" means all revenues of the Issuer not derived from ad- valorem
taxation and which may lawfully be used to pay principal of and interest on the Note.
"Note" means the Note of the Issuer authorized by Sections 4 and 5 hereof.
"Original Purchaser" means Republic Security Bank.
"Owner" or "Owners" means the Person or Persons in whose name or names the Note shall
be registered on the books of the Issuer kept for that purpose in accordance with provisions of this
Resolution.
"Person" means natural persons, firms, trusts, estates, associations, corporations,
partnerships and public bodies.
"Pledged Revenues" means, to the extent provided in Section 9 hereof, the Non Ad
Valorem Revenues.
"Principal Office" means, with respect to the Original Purchaser, the office located at 1555
Palm Beach Lakes Boulevard, Suite 155, West Palm Beach, Florida 33401, or such other office
as the Original Purchaser may designate to the Issuer in writing.
"Project" means any capital expenditure by the Issuer as may be approved by the City
Council from time to time.
"Resolution" means this Resolution, pursuant to which the Note is authorized to be issued,
including any Supplemental Resolutions.
"State" means the State of Florida.
"Supplemental Resolution" means any resolution amendatory or supplemental to this
Resolution adopted by the Issuer in accordance with Section 11 hereof.
Section 3. Resolution to Constitute a Contract. In consideration of the purchase and
acceptance of the Note authorized to be issued hereunder by those who shall be the Owners thereof
from time to time, this Resolution shall constitute a contract between the Issuer and the Owners.
Section 4. Authorization of Note. Subject and pursuant to the provisions of this
Resolution, a special obligation of the Issuer is hereby authorized to be issued under and secured
by this Resolution in the aggregate principal amount of not to exceed $10,000,000 for the purpose
of financing the Cost of the Project. Because of the characteristics of the Note, prevailing market
conditions, and additional savings to be realized from an expeditious sale of the Note, it is in the
best interest of the Issuer to negotiate with the Original Purchaser to purchase the Note at a private
10 0 l ,' 0
2
negotiated sale. Prior to the issuance of the Note the Issuer shall receive from the Original
Purchaser the disclosure required by Section 218.385, Florida Statutes.
Section 5. Description of Note.
The Note shall be in the .principal amount of not to exceed $10,000,000, shall be
designated as "Promissory Note (2000)" (the "Note "), shall be dated the date of its execution and
delivery, which shall be April 18, 2000, unless another date is agreed upon by the Mayor and the
Original Purchaser, shall bear interest at the rate provided in the Note and shall mature May 1,
2013. The Note shall have such other terms and provisions and shall be in the form of the Note
attached hereto as Exhibit A.
The Note shall be executed on behalf of the Issuer with the manual signature of the Mayor,
and shall have impressed thereon the official seal of the Issuer, and be attested with the manual
signature of the City Clerk, and the said Mayor and the City Clerk are hereby authorized to
execute and attest to the Note on behalf of the Issuer.
Section 6. Loan Agreement. Notwithstanding any other provision hereof, the Note shall
not be issued nor shall the Issuer be obligated to issue the same nor shall the Original Purchaser
be obligated to purchase the same, unless and until the Issuer and the Original Purchaser shall
execute the Loan Agreement in substantially the form attached hereto as Exhibit B (the "Loan
Agreement "). The form of the Loan Agreement is hereby approved by the Issuer and the Mayor
is authorized to execute the same, with such changes as may be approved by the Mayor, such
approval to be conclusively evidenced by the execution thereof by the Mayor, and upon such
execution, the City Clerk is authorized to attest to the Loan Agreement on behalf of the Issuer.
Upon execution of the Loan Agreement by the Issuer and the Original Purchaser, the same shall
constitute a part of this Resolution the same as if set forth in full herein.
Section 7. Registration and Exchange of Note; Persons Treated as Owners. So long as
the Note shall remain unpaid, the Issuer will keep books for the registration and transfer of the
Note. The Note shall be transferable only upon such registration books. The Issuer will transfer
the registration of the Note upon written request of the Owner specifying the name, address and
taxpayer identification number of the transferee.
The Person in whose name the Note shall be registered shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of principal and interest on such Note
shall be made only to or upon the written order of the Owner. All such payments shall be valid
and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums
so paid.
Section 8. Payment of Principal and Interest; Limited Obligation. The Issuer promises
that it will promptly pay the principal of and interest on the Note at the place, on the dates and in
the manner provided therein according to the true intent and meaning hereof and thereof, provided
that the principal of, premium, if any, and interest on the Note is payable solely from the Pledged
Funds, and nothing in the Note, the Loan Agreement or in this Resolution shall be construed as
3 � iV t
pledging any other funds or assets of the Issuer to such payment or authorizing such payment to
be made from any other source. The Issuer is not and shall not be liable for the payment of the
principal of and interest on the Note or for the performance of any pledge, obligation or agreement
for payment undertaken by the Issuer hereunder or under the Loan Agreements from any property
other than the Pledged Funds. No Owner of the Note shall have any right to resort to legal or
equitable action to require or compel the Issuer to levy and collect any tax or special assessment,
or to keep any tax or special assessment in force, to pay principal or interest on the Note or,
except as otherwise provided herein, to compel the Issuer to appropriate any amount from
available monies of the Issuer to make any payment required hereby or by the Note or the Loan
Agreement.
Section 9. Covenant to Budget and Appropriate.
The Issuer covenants that, so long as the Note shall remain unpaid, it will appropriate in
its annual budget, by amendment, if required, from Non Ad Valorem Revenues, amounts
sufficient to pay the principal of and interest on the Note not being paid from other amounts as the
same shall become due. In the event that the amount previously budgeted for such purpose is at
any time insufficient to pay such principal and interest on the Note, the Issuer covenants to take
immediate action to amend the budget for such fiscal year so as to budget and appropriate an
amount from Non Ad Valorem Revenues sufficient to pay such debt service on the Note. Such
covenants to budget and appropriate from Non Ad Valorem Revenues shall be cumulative to the
extent not paid and shall continue until such Non Ad Valorem Revenues sufficient to make all
required payments have been budgeted, appropriated and used to pay such debt service on the
Note. The Issuer further covenants that the obligation of the Issuer to include the amount of any
principal and interest on the Note in each of its annual budgets or amendments thereto and to pay
such deficiencies from Non Ad Valorem Revenues so long as the Note is outstanding are entered
into for the benefit of the Owners and may be enforced by them in any court of competent
jurisdiction.
The Issuer does not covenant to maintain any services or programs now provided or
maintained by the Issuer which generate Non Ad Valorem Revenues.
Such covenants to budget and appropriate do not create any lien upon or pledge of such
Non Ad Valorem Revenues, nor do they require the Issuer to levy and collect any particular Non
Ad Valorem Revenues, nor do they give the Owners a prior claim on the Non Ad Valorem
Revenues as opposed to claims of general creditors of the Issuer. However, the covenants to
budget and appropriate in its general annual budget or amendments thereto for the purposes and
in the manner stated herein shall have the effect of making available for payment of the Note the
Non Ad Valorem Revenues of the Issuer, and of placing on the Issuer a positive duty to
appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations
hereunder; subject, however, in all respects to the restrictions of Section 166.241(3), Florida
Statutes, which provides that the governing body of each municipality may not make
appropriations for each fiscal year which, in any one year, which exceed the amount to be received
from taxation or other revenue sources and which makes it unlawful for any officer of any
01,:a 3
0
municipal government to draw money from the treasury except in pursuants of an appropriation
made by law.
Section 10. Compliance with Tax Requirements. The Issuer hereby covenants and
agrees, for the benefit of the Owners from time to time of the Note, to comply with the
requirements applicable to it contained in Section 103 and Part IV of Subchapter B of Chapter 1
of the Code to the extent necessary to preserve the exclusion of interest on the Note from gross
income for federal income tax purposes. Specifically, without intending to limit in any way the
generality of the foregoing, the Issuer covenants and agrees:
(1) to pay to the United States of America from the funds and sources
of revenues pledged to the payment of the Note to the extent legally available, and
from any other legally available funds, at the times required pursuant to Section
148(f) of the Code, the excess of the amount earned on all non - purpose investments
(as defined in Section 148(f)(6) of the Code) (other than investments attributed to
an excess described in this sentence) over the amount which would have been
earned if such non - purpose investments were invested at a rate equal to the yield
on the Note, plus any income attributable to such excess (the "Rebate Amount ");
(2) to maintain and retain all records pertaining to and to be responsible
for making or causing to be made all determinations and calculations of the Rebate
Amount and required payments of the Rebate Amount as shall be necessary to
comply with the Code;
(3) to refrain from using proceeds of the Note in a manner that would
cause the Note to be classified as a private activity bond under Section 141(a) of
the Code; and
(4) to refrain from taking any action or omitting to take any action if
such action or omission would cause the Note to become an arbitrage bond under
Section 103(b) and Section 148 of the Code.
The Issuer understands that the foregoing covenants impose continuing obligations on the
Issuer to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1
of the Code so long as such requirements are applicable.
Section 11. Amendment. This Resolution shall not be modified or amended in any respect
subsequent to the issuance of the Note without the written consent of the Owner of the Note.
Section 12. Limitation of Rights. With the exception of any rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Note
is intended or shall be construed to give to any Person other than the Issuer and the Owners any
legal or equitable right, remedy or claim under or with respect to this Resolution or any covenants,
conditions and provisions herein contained; this Resolution and all of the covenants, conditions
0 O ir.`/
5
and provisions hereof being intended to be and being for the sole and exclusive benefit of the
Issuer and the Owners.
Section 13. Severabilit_y. If any provision of this Resolution shall be held or deemed to
be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not
affect any other provision herein or render any other provision (or such provision in any other
context) invalid, inoperative or unenforceable to any extent whatever.
Section 14. Business Days. In any case where the due date of interest on or principal of
the Note is not a Business Day, then payment of principal or interest need not be made on such
date but may be made on the next succeeding Business Day, provided that credit for payments
made shall not be given until the payment is actually received by the Owner.
Section 15. Applicable Provisions of Law. This Resolution shall be governed by and
construed in accordance with the laws of the State.
Section 16. Rules of Interpretation. Unless expressly indicated otherwise, references to
sections or articles are to be construed as references to sections or articles of this instrument as
originally executed. Use of the words "herein," "hereby," "hereunder," "hereof," "hereinbefore,"
"hereinafter" and other equivalent words refer to this Resolution and not solely to the particular
portion in which any such word is used.
Section 17. Captions. The captions and headings in this Resolution are for convenience
only and in no way define, limit or describe the scope or intent of any provisions or sections of
this Resolution.
Section 18. Limited Liability of Issuer. It is hereby expressly made a condition of this
Resolution and of the Note that any agreements or representations herein or therein contained or
contained in the documents and instruments executed in connection therewith do not and shall
never constitute or give rise to any personal or pecuniary liability or charge against the general
credit of the Issuer and in the event of a breach of any agreement, covenant or representation, no
personal or pecuniary liability or charge payable directly or indirectly from any funds of the Issuer
other than those pledged hereunder shall arise therefrom. Nothing contained in this Section 18,
however, shall relieve the Issuer from the observance and performance of the several covenants
and agreements on its part herein contained.
Section 19. Members, Officers and Employees of thee- Issuer Exempt from Personal
Liability. No recourse under or upon any obligation, covenant or agreement of this Resolution
or the Note or for any claim based thereon or otherwise in respect thereof, shall be had against
any City Councilmembers of the Issuer, or any officer, agent or employee, as such, of the Issuer
past, present or future, it being expressly understood (a) that the obligation of the Issuer under this
Resolution is solely a corporate one, limited as provided in the preceding Section 18, (b) that no
personal liability whatsoever shall attach to, or is or shall be incurred by, the City
Councilmembers of the Issuer, or the officers, agents, or employees, as such, of the Issuer, or
any of them, under or by reason of the obligations, covenants or agreements contained in this
i�
6
Resolution, the Note or the Loan Agreement or implied therefrom, and (c) that any and all such
personal liability, either at common law or in equity or by constitution or statute, of, and any and
all such rights and claims against, every such City Councilmembers of the Issuer, and every
officer, agent, or employee, as such, of the Issuer under or by reason of the obligations, covenants
or agreements contained in this Resolution, or implied therefrom, are waived and released as a
condition of, and as a consideration for, the execution of this Resolution and the issuance of the
Note on the part of the Issuer.
Section 20. Authorizations. The Mayor and any other City Councilmembers and such
other officials and employees of the Issuer as may be designated by the Mayor are each designated
as agents of the Issuer in connection with the issuance and delivery of the Note and are authorized
and empowered, collectively or individually, to take all action and steps and to execute all
instruments, documents, and contracts on behalf of the Issuer that are necessary or desirable in
connection with the execution and delivery of the Note, and which are specifically authorized or
are not inconsistent with the terms and provisions of this Resolution.
Section 21. Note Mutilated, Destroyed, Stolen or Lost. In case the Note shall become
mutilated, or be destroyed, stolen or lost, the Issuer shall issue and deliver a new Note of like
tenor as the Note so mutilated, destroyed, stolen-or lost, in exchange and in substitution for such
mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the
Owner furnishing the Issuer proof of ownership thereof and indemnity reasonably satisfactory to
the Issuer and complying with such other reasonable regulations and conditions as the Issuer may
prescribe and paying such expenses as the Issuer may incur. The Note so surrendered shall be
cancelled.
Section 22. Impairment of Contract. The Issuer covenants with the Owner of the Note
that it will not, without the written consent of the Owner of the Note, enact any resolution which
repeals, impairs or amends in any manner adverse to the Owner the rights granted to the Owner
of the Note hereunder. The Issuer covenants that it shall not request or consent to, and will resist
to the full extent legally within its power, any attempt by the legislature of the State of Florida to
amend the Act to remove, or increase the conditions precedent to the exercise of, the right of the
Issuer to levy ad valorem taxes as set forth in the Act as of the date hereof.
Section 23. )3udget and Financial Information. The Issuer will cause an audit to be
completed of its books and accounts and shall furnish to the Owner of the Note audited year -end
financial statements of the Issuer certified by an independent certified public accountant acceptable
to the Owner to the effect that such audit has been conducted in accordance with generally
accepted auditing standards and stating whether such financial statements present fairly in all
material respects the financial position of the Issuer and the results of its operations and cash flows
for the periods covered by the audit report, all in conformity with generally accepted accounting
principles applied on a consistent basis. The Issuer shall provide the Owner of the Note with (i)
a copy of its annual operating budget for each fiscal year ending after September 30, 2000
promptly after the same is adopted, but no later than thirty (30) days prior to the start of such
fiscal year or such later date as may be acceptable to the Owner, and (ii) its audited financial
statements for each fiscal year ending after September 30, 1999 within 270 days after the end
01
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thereof accompanied by a certificate signed by an authorized officer of the Issuer stating whether
the Issuer is in compliance with all representations, warranties and covenants of the Issuer herein,
in the Note and in the Loan Agreement, and if not, identifying the nature of such non -compliance.
The Issuer hereby covenants that it shall promptly give written notice to the Owner of the Note
of any litigation or proceeding which if determined adversely to the Issuer would adversely affect
the security for the payment of the Note.
Section 24. Remedies of Noteholder. Should the Issuer or the Owner default in any
obligation created by this Resolution or the Note, the Issuer or the Owner of the Note may, m
addition to any other remedies set forth in this Resolution or the Note, either at law or in equity,
by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and
enforce any and all rights under the laws of the State of Florida, or granted or contained in this
Resolution, and may enforce and compel the performance of all duties required by this Resolution,
or by any applicable statutes to be performed by the Owner or the Issuer or by any officer thereof.
Section 25. Section 265 Designation Note. The reasonably anticipated amount of
tax- exempt obligations (other than obligations described in Clause (ii) of Section 265(b)(3)(C) of
the Code) which have been or will be issued by the Issuer during calendar year 2000 does not
exceed $10,000,000. There are no entities which issue bonds or other obligations on behalf of the
Issuer and there are no subordinate entities of the Issuer. The Issuer hereby designates the Note
as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3)(13)(i) of the Code. The
Issuer hereby covenants and agrees not to take any action or to fail to take any action if such action
or failure would cause the Note to no longer be a "qualified tax - exempt obligation."
Section 26. Repealer. All resolutions or parts thereof in conflict herewith are hereby
repealed.
•
•
Section 27. Effective Date. This Resolution shall take effect immediately upon its
adoption.
INTRODUCED, PASSED AND ADOPTED this 17th day of April, 2000.
MAYOR JOSEPH R. RUSSO
ATTEST: APPROVED AS TO LEGAL FORM
CAROL GOLD, INTERIM CITY CLERK AND SUFFICIENCY
VOTE:
MAYOR RUSSO
AYE
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
WATTERSON, HYLAND & KLETT, P.A.
CITY ATTORNEY
NAY ABSENT
LAKENT \WORD DOCU MENTS\RESOLUTION(1). DOC 9
' 0;L.:'3
r�
April 18, 2000
EXHIBIT A
CITY OF PALM BEACH GARDENS, FLORIDA
PROMISSORY NOTE
$10,000,000.00
KNOW ALL MEN BY THESE PRESENTS that City of Palm Beach Gardens, Florida (the
"Issuer "), a municipal corporation created and existing pursuant to the Constitution and the laws of
the State of Florida, for value received, promises to pay from the sources hereinafter provided, to the
order of Republic Security Bank or registered assigns (hereinafter, the "Owner "), the principal sum
of $10,000,000.00, or such lesser amount as may be advanced pursuant to the Loan Agreement
(hereinafter defined), together with interest on the principal balance outstanding at the rate per
annum set forth below.
All computations of interest hereunder shall be based upon a 365/366 day year for the actual
number of days elapsed. During the period from April 18, 2000 to, but not including, the earlier of
the Fixed Rate Conversion Date (hereinafter defined) or April 18, 2003, the interest rate on this Note
shall be 85% of the LIBOR Rate. During the period from and including the earlier of April 18, 2003
or the Fixed Rate Conversion Date the interest rate on this Note shall be the Fixed Rate. As used
herein, "Interest Period" means each period commencing on and including the first Business Day
(as defined in the hereinafter described Resolution) of each month, commencing May 1, 2000, and
ending on, but not including, the first Business Day of the next month, provided that the first Interest
Period shall commence on and include April 18, 2000. "LIBOR Rate" means, for each Interest
Period, the one month London Interbank Offered Rate as published in The Wall Street Journal on
the day two Business Days prior to the first day of such Interest Period. The Bank may, if such rate
is misprinted or is not published in The Wall Street Journal, use any other comparable publicly
available index or reference rates showing rates for United States dollar deposits in the London
Interbank Market as of the applicable date. "Fixed Rate" means 89.4% of the asked yield on the
noncallable U.S. Treasury security with a maturity date closest to but not before the Maturity Date
(hereinafter defined) and as reported in The Wall Street Journal on the date two Business Days
before the first day on which this Note bears interest at the Fixed Rate. In the event that there is
more than one such U.S. Treasury security, then the Fixed Rate shall be the arithmetic average of
the ask yield on all such U.S. Treasury securities. In the event the ask yield on the U.S. Treasury
security is not published in The Wall Street Journal or is misprinted in The Wall Street Journal, then
the Owner may use any another comparable publicly available reference showing rates for U.S.
Treasury securities.
At any time prior to April 17, 2000, the Issuer may, by notice to the Bank in writing, elect
that the interest rate on this Note shall be converted to the Fixed Rate on a date specified in such
notice, which shall be prior to April 17, 2003 (the "Fixed Rate Conversion Date "). From and after
the Fixed Rate Conversion Date, no Advances may be made pursuant to the Loan Agreement
(hereinafter defined).
Principal of and interest on this Note are payable in lawful money of the United States of
America at such place as the Owner may designate to the Issuer in writing, in the following manner:
Accrued interest shall be payable in arrears on the first day of each May, commencing May
1, 2001. Beginning November 1, 2003 this Note will be repaid in twenty (20) installments of
principal, each in the amount and due on the date determined as provided in the next paragraph, with
the final payment of the entire unpaid principal balance, together with all accrued and unpaid interest
hereon, being due and payable in full on May 1, 2013 (the "Maturity Date ").
The amounts and due dates of the installments of principal on this Note shall be calculated
in the following manner: First, the outstanding principal balance as of the earlier of the Fixed Rate
Conversion Date or April 18, 2003 shall be determined. Second, an amortization schedule shall be
generated by the Owner providing for the repayment of the principal of and interest on the Note in
approximately equal semi - annual installments of principal and accrued interest (at the Fixed Rate)
due on each May 1 and November 1 during the period from and including November 1, 2003 to and
including May 1, 2013. The principal component schedule of such amortization schedule shall be
the schedule of principal due on this Note.
If any date for the payment of principal and interest hereon shall fall on a day which is not
a Business Day (as defined in the Resolution (hereinafter defined)) the payment due on such date
shall be due on the next succeeding day which is a Business Day, but the Issuer shall not receive
credit for the payment until it is actually made.
If for an reason the interest on this Note becomes includable in the gross income of the
Y g
Owner for Federal income tax purposes (an "Event of Taxability "), this Note shall bear interest at
a rate that is 154% of the interest rate that would otherwise be borne hereby from the effective date
on which the interest is first includable in the gross income of the Owner.
If any date for the payment of principal and interest hereon shall fall on a day which is not
a Business Day (as defined in the Resolution (hereinafter defined)) the payment due on such date
shall be due on the next succeeding day which is a Business Day, provided, that interest shall
continue to accrue until the payment is actually received by the Owner.
All payments by the Issuer pursuant to this Note shall apply first to accrued interest, then to
other charges due the Owner, and the balance thereof shall apply to the principal sum due.
The principal of and interest on this Note may be prepaid at the option of the Issuer in whole
or in part at any time. Prepayments or principal made after the earlier of the Fixed Rate Conversion
Date or April 17, 2000, shall be credited against the installments of principal otherwise due on this
Note in such order as shall be designated by the Issuer to the Bank in writing.
In case of an Event of Default described in Section 5.01 of the Loan Agreement, the Owner
may declare the entire debt then remaining unpaid hereunder immediately due and payable; and in
is any such Event of Default and acceleration, the Issuer shall also be obligated to pay as part of the
indebtedness evidenced by this Note, all costs of collection and enforcement hereof, including such
in -, ".
. ��
2
fees as may be incurred on appeal or incurred in any proceeding under bankruptcy laws as they now
or hereafter exist, including specifically but without limitation, claims, disputes, and proceedings
seeking adequate protection or relief from the automatic stay.
The Issuer to the extent permitted by law hereby waives presentment, demand, protest and
notice of dishonor.
To the extent permitted by law, the Issuer, and by its acceptance of this Note, the holder
hereof, waive trial by jury in any litigation commenced by either in respect of hereof or of the
Resolution.
THIS NOTE AND THE INTEREST HEREON DOES NOT AND SHALL NOT CONSTITUTE A
GENERAL INDEBTEDNESS OF THE ISSUER WITHIN THE MEANING OF ANY
CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION BUT SHALL BE PAYABLE
SOLELY FROM THE MONEYS AND SOURCES PROVIDED THEREFOR IN THE
RESOLUTION (HEREINAFTER DEFINED). NEITHER THE FAITH AND CREDIT NOR THE
AD VALOREM TAXING POWER OF THE ISSUER, THE STATE OF FLORIDA OR ANY
POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL
OF, PREMIUM, IF ANY, OR INTEREST ON THIS NOTE OR OTHER COSTS INCIDENTAL
HERETO.
This Note is issued pursuant to Article VIII, Section 2 of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, the Charier of the Issuer and a Resolution duly adopted by
the Issuer on April 17, 2000, as from time to time amended and supplemented (herein referred to as
the "Resolution "), and is subject to all the terms and conditions of the Resolution and of the Loan
Agreement (as defined in the Resolution). All terms, conditions and provisions of the Resolution
and Loan Agreement, including without limitation remedies in the Event of Default, as defined in
the Loan Agreement, are by this reference thereto incorporated herein as a part of this Note. This
Note represents the entire authorized issue of obligations of the Issuer pursuant to the Resolution.
Terms used herein in capitalized form and not otherwise defined herein shall have the meanings
ascribed thereto in the Resolution and the Loan Agreement. This Note is payable from certain
Pledged Revenues, as described in the Resolution. Notwithstanding any other provision of this Note,
the Issuer is not and shall not be liable for the payment of the principal of, premium, if any, and
interest on this Note or otherwise monetarily liable in connection herewith from any property other
than the Pledged Revenues.
This Note may be exchanged or transferred by the Owner hereof but only upon the
registration books maintained by the Issuer and in the manner provided in the Resolution.
It is hereby certified, recited and declared that all acts, conditions and prerequisites required
to exist, happen and be performed precedent to and in the execution, delivery and the issuance of this
Note do exist, have happened and have been performed in due time, form and manner as required
by law, and that the issuance of this Note is in full compliance with and does not exceed or violate
any constitutional or statutory limitation.
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•
IN WITNESS WHEREOF, the City of Palm Beach Gardens, Florida, has caused this Note
to be executed in its name by the manual signature of its Mayor and attested by the manual signature
of its City Clerk, and its seal to be impressed hereon, all this 18th day of April, 2000.
CITY OF PALM BEACH GARDENS, FLORIDA
[SEAL]
LOSE
Attest:
City Clerk
G:U6299 \8 \promissory note(O. -M 4
Mayor
EXHIBIT B
. LOAN AGREEMENT
This LOAN AGREEMENT (the "Agreement ") is made and entered into as of April 18, 2000,
by and between the City of Palm Beach Gardens, Florida, a municipal corporation of the State of
Florida, and its successors and assigns (the "Issuer "), and Republic Security Bank, a Florida banking
corporation, and its successors and assigns (the 'Bank ");
WHEREAS, the City Council of the Issuer did, on April 17, 2000, adopt a Resolution (the
"Note Resolution ") authorizing the issuance of a promissory note of the Issuer in the aggregate
principal amount of not exceeding $10,000,000 (herein the "Note ") for the purpose of financing
certain of the Costs of the Project (as defined in the Note Resolution); and
WHEREAS, the Bank is willing to enter into this Agreement with the Issuer to provide the
financing for the Costs of the Project; and
WHEREAS, the Issuer hereby determines that it is desirable and in the best interest of the
Issuer to enter into this Agreement whereby the Issuer may borrow up to $10,000,000 from the Bank
for the purpose of financing the Costs of the Project (the "Loan") and to evidence the repayment of
such Loan by the issuance and delivery of the Note to the Bank in the aggregate principal amount
of the Loan; and
• WHEREAS, the Note shall be issued pursuant to the terms and provisions of the Note
Resolution and this Agreement; and
WHEREAS, the execution and delivery of this Agreement have been duly authorized by the
Note Resolution.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby and in
consideration of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows:
ARTICLE I
DEFINITION OF TERMS
Section 1.01 Definitions. The words and terms used in this Agreement shall have the
meanings as set forth in the Note Resolution and in the recitals above, unless otherwise defined
herein. Unless the context shall otherwise require, the following words and terms as used in this
Agreement shall have the following meanings:
"Advances" shall mean a borrowing of money under the Note and pursuant to the terms of
Section 4.02 hereof.
"Agreement" shall mean this Loan Agreement, dated as of April 18, 2000, by and between
the Issuer and the Bank and any and all modifications, alterations, amendments and supplements
hereto made in accordance with the provisions hereof n i 131 9
"Event of Default" shall mean an event of default specified in Article V of this Agreement.
"Loan" shall mean the outstanding principal amount of the Note issued hereunder.
"Loan Documents" shall mean this Agreement, the Note, the Note Resolution, and all other
documents, agreements, certificates, schedules, notes, statements, and opinions, however described,
referenced herein or executed or delivered pursuant hereto or in connection with or arising with the
Loan or the transaction contemplated by this Agreement.
"Noteholder" shall mean the Bank as the holder of the Note, or any other registered holder
of the Note.
Section 1.02 Interpretation. Unless the context clearly requires otherwise, words of
masculine gender shall be construed to include correlative words of the feminine and neuter genders
and vice versa, and words of the singular number shall be construed to include correlative words of
the plural number and vice versa.
This Agreement and all the terms and provisions hereof shall be construed to effectuate the
purposes set forth herein and to sustain the validity hereof.
Section 1.03 Titles and Headings. The titles and headings of the articles and sections of
this Agreement have been inserted for convenience of reference only and are not to be considered
a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and shall
not be considered or given any effect in construing this Agreement or any provision hereof or in
ascertaining intent, if any question of intent should arise.
ARTICLE II
REPRESENTATIONS OF ISSUER
Subject to the Note Resolution, the Issuer represents and warrants to the Bank that:
Section 2.01 Powers of Issuer. The Issuer is a municipal corporation duly organized and
validly existing under the laws of the State of Florida. The Issuer has the power to borrow the
amount provided for in this Agreement, to execute and deliver the Note and this Agreement, to
secure the Note in the manner contemplated hereby and by the Note Resolution, and to perform and
observe all the terms and conditions of the Note, the Note Resolution and this Agreement on its part
to be performed and observed.
Section 2.02 Authorization of Loan. The Issuer has and had, as the case may be, full legal
right, power, and authority to adopt the Note Resolution and to execute and deliver this Agreement,
to issue, sell, and deliver the Note to the Bank, and to carry out and consummate all other
transactions contemplated by the Loan Documents, and the Issuer has complied with all provisions
of applicable law in all material matters relating to such transactions. The Issuer, by the Note
1) 01 �139
a
Resolution, has duly authorized the borrowing of the amount provided for in this Agreement, the
execution and delivery of this Agreement, and the making and delivery of the Note to the Bank
provided for in this Agreement, and to that end the Issuer warrants that it will take all action and will
do all things which it is authorized by law to take and to do in order to fulfill all covenants on its part
to be performed and to provide for and to assure payment of the Note. The Issuer has duly adopted
the Note Resolution and authorized the execution, delivery, and performance of the Note and the
Loan Agreement and the taking of any and all other such action as may be required on the part of
the Issuer to carry out, give effect to and consummate the transactions contemplated by the Loan
Documents. The Note has been duly authorized, executed, issued and delivered to the Bank and
constitutes a legal, valid and binding obligation of the Issuer enforceable in accordance with its terms
and the terms of the Note Resolution, and is entitled to the benefits and security of the Note
Resolution and this Agreement. All approvals, consents, and orders of and filings with any
governmental authority or agency which would constitute a condition precedent to the issuance of
the Note or the execution and delivery of or the performance by the Issuer of its obligations under
the Loan Documents have been obtained or made and any consents, approvals, and orders to be
received or filings so made are in full force and effect.
Section 2.03 Agreements. The making and performing by the Issuer of this Agreement will
not violate any provision of the Act, or any bond or note resolution of the Issuer, or any regulation,
order or decree of any court, and will not result in a breach of any of the terms of any agreement or
instrument to which the Issuer is a party or by which the Issuer is bound. The Loan Documents
constitute legal, valid, and binding obligations of the Issuer enforceable in accordance with their
respective terms.
Section 2.04 Litigation, Etc. There are no actions or proceedings pending against the Issuer
or affecting the Issuer which, either in any case or in the aggregate, might result in any material
adverse change in the financial condition of the Issuer, or which questions the validity of this
Agreement, the Note, or any of the other Loan Documents or of any action taken or to be taken in
connection with the transactions contemplated hereby or thereby. The Issuer is not in default in any
material respect under any agreement or other instrument to which it is a party or by which it may
be bound.
Section 2.05 Financial Information. The financial information regarding the Issuer
furnished to the Bank by the Issuer in connection with obtaining the Loan is complete and accurate.
ARTICLE III
COVENANTS OF THE ISSUER
Section 3.01 Affirmative Covenants. Subject to the Note Resolution, the Issuer covenants,
for so long as any of the principal amount of or interest on the Note is outstanding and unpaid or any
duty or obligation of the Issuer hereunder or under any of the other Loan Documents remains unpaid
or unperformed, as follows:
n
a. Notice of Defaults. The Issuer shall immediately notify the Bank in writing upon the
happening, occurrence, or existence of any Event of Default, and any event or condition which with
the passage of time or giving of notice, or both, would constitute an Event of Default, and shall
provide the Bank with such written notice, a detailed statement by a responsible officer of the Issuer
of all relevant facts and the action being taken or proposed to be taken by the Issuer with respect
thereto.
b. Maintenance of Existence. The Issuer covenants that it will take all reasonable legal
action within its control in order to maintain its existence until all amounts due and owing from the
Issuer to the Bank under the Loan Documents have been paid in full.
Section 3.02. Incorporation of Note Resolution. All representations, covenants and
warranties of the Issuer contained in the Note Resolution are incorporated herein by reference to the
same extent as if set forth verbatim herein and constitute part of this Agreement.
ARTICLE IV
THE LOAN; ISSUER'S OBLIGATION; DESCRIPTION AND
PAYMENT TERMS; ADVANCES
Section 4.01 The Loan. The Bank hereby agrees to loan to the Issuer the amount of up to
$10,000,000 to be evidenced by the Note, to provide funds to finance certain of the Costs of the
Project, upon the terms and conditions set forth in the Note Resolution and in this Agreement. The
Issuer agrees to repay the principal amount borrowed plus interest thereon, upon the terms and
conditions set forth in the Loan Documents.
Section 4.02. Requisitions for Advances; Other Conditions.
(a) The Issuer may borrow from time to time up to $10,000,000 aggregate principal
amount represented by the Note by requesting Advances hereunder, provided that no Advance will
be made after the earlier of the date the interest rate on the Note is converted to the Fixed Rate or
April 17, 2003. Amounts Advanced and repaid may not be re- advanced. One Advance in the
amount of $ is being made on the date hereof.
(b) The Bank shall not be obligated to Advance any funds unless (i) no Event of Default
has occurred and is continuing; and (ii) the Issuer delivers to the Bank a written request for such
Advance, executed by the Mayor, City Manager or Finance Director, indicating the amount of the
Advance requested, the date on which such Advance is to be made (which shall be not less than
five (5) Business Days after the date such request is received by the Bank) and stating that the
representations and warranties of the Issuer contained herein are true and correct as of such date
and (iii) with respect to the first Advance, the further conditions set forth in (c), below, shall have
been satisfied.
4
(c) On the date of the first Advance, in addition to all other items required hereby, by
the Note Resolution or by the Note, the Issuer shall deliver to the Bank the following:
(i) the written opinion of Bond Counsel to the Issuer, in form and substance
reasonably satisfactory to the Bank, to the effect that (a) the Note Resolution, this Loan Agreement
and the Note are duly authorized, executed and delivered by the Issuer, are in full force and effect,
and constitute the valid and binding obligations of the Issuer enforceable in accordance with their
terms; (b) the making of the Advance and the execution and delivery by the Issuer of the Note do
not result in a violation of any provision of any of the Loan Documents; and (c) to the best
knowledge of Bond Counsel, no Event of Default or event which with the passage of time or the
giving of notice, or both, would constitute an Event of Default exists; and
(ii) an opinion of Bond Counsel to the Issuer, in form and substance reasonably
acceptable to the Bank, to the effect that the interest on the Note is excludable from the gross
income of the Bank for federal income tax purposes, the Note and the interest thereon is exempt
from all intangible personal property taxes and excise taxes on documents imposed by the State
of Florida, and the Note is a "qualified tax- exempt obligation" within the meaning of Section
265(b)(3) of the Code; and
(iii) such other instruments, documents and certificates as the Bank may
reasonably request in order to demonstrate that the Advance is being made in accordance with the
terms hereof and applicable law.
ARTICLE V
EVENTS OF DEFAULT
Section 5.01 General. An "Event of Default" shall be deemed to have occurred under this
Agreement if:
(a) The Issuer shall default in any payment of the principal of, premium, if any, or the
interest on the Loan when and as the same shall become due and payable, whether by maturity, by
acceleration at the discretion of the Bank as provided for in Section 5.02, or otherwise; or
(b) the Issuer shall default in the performance of or compliance with any term or
covenant contained in the Loan Documents, other than a term or covenant a default in the
performance of which or noncompliance with which is elsewhere specifically dealt with and for
which a remedy is specifically provided herein, which default or non - compliance shall continue and
not be cured within thirty (30) days after (i) notice thereof to the Issuer by the Bank; or (ii) the Bank
is notified of such noncompliance or should have been so notified pursuant to the provisions of
Section 3.01(a) of this Agreement, whichever is earlier; or
(c) any representation or warranty made in writing by or on behalf of the Issuer or in any
Loan Document shall prove to have been false or incorrect in any material respect on the date made
or reaffirmed; or
e
5
(d) The Issuer admits in writing its inability to pay its debts generally as they become due
or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or consents
to the appointment of a receiver or trustee for itself; or
(e) The Issuer is adjudged insolvent by a court of competent jurisdiction, or it is adjudged
a bankrupt on a petition in bankruptcy filed by or against the Issuer, or an order, judgment or decree
is entered by any court of competent jurisdiction appointing, without the consent of the Issuer, a
receiver or trustee of the Issuer or of the whole or any part of its property, and if the aforesaid
adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within ninety
(90) days from the date of entry thereof; or
(f) The Issuer shall file a petition or answer seeking reorganization or any arrangement
under the federal bankruptcy laws or any other applicable law or statute of the United States of
America or the State of Florida; or
(g) Under the provisions of any other law for the relief or aid of debtors, any court of
competent jurisdiction shall assume custody or control of the Issuer or the whole or any substantial
part of its property, and such custody or control shall not be terminated within ninety (90) days from
the date of assumption of such custody or control.
Section 5.02 Effect of Event of Default.
(a) General. Upon the occurrence of any Event of Default, subject to the provisions of
the Note Resolution, the Bank shall have and may exercise any or all of the rights set forth herein
(which rights are in addition to and not in lieu of any other rights the Bank may have under
applicable law) provided, however, the Bank shall be under no duty or obligation to do so.
(b) Acceleration; Other Remedies. Immediately and without notice, upon the occurrence
of any Event of Default, the Bank may declare all obligations of the Issuer under the Loan
Documents to be immediately due and payable without further action of any kind and upon such
declaration the Note and the interest accrued thereon shall become immediately due and payable and
no further Advances shall be required to be made by the Bank. Upon such declaration, the Bank
may also seek enforcement of and exercise all remedies available to it under the Note Resolution,
the Act and any other applicable law.
ARTICLE VI
MISCELLANEOUS
Section 6.01 No Waiver; Cumulative Remedies. No failure or delay on the part of the
Bank in exercising any right, power, remedy hereunder, or under the Note or other Loan Documents
shall operate as a waiver of the Bank's rights, powers and remedies hereunder, nor shall any single
or partial exercise of any such right, power or remedy preclude any other or further exercise thereof,
6
•
or the exercise of any other right, power or remedy hereunder or thereunder. The remedies herein
and therein provided are cumulative and not exclusive of any remedies provided by law or in equity.
Section 6.02 Amendments, Changes or Modifications to the Agreement. This Agreement
shall not be amended, changed or modified except in writing signed by the Noteholder and the
Issuer. The Issuer agrees to pay all of the Bank's costs and reasonable attorneys' fees incurred in
modifying and/or amending this Agreement at the Issuer's request or behest.
Section 6.03 Costs and Expenses. The Bank shall to pay all costs and expenses incurred
by the Bank in connection with the preparation, execution and delivery of this Agreement, the Note
and the Loan. The Issuer shall pay all costs and expenses it incurs in connection with the
preparation, execution and delivery of the Agreement, the Note and the Loan and any other
documents that may be prepared or delivered in connection with this Agreement.
Section 6.04 Counterparts. This Agreement may be executed in any number of
counterparts, each of which, when so executed and delivered, shall be an original; but such
counterparts shall together constitute but one and the same Agreement, and, in making proof of this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Section 6.05 Severability. If any clause, provision or section of this Agreement shall be
held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect
any other provisions or sections hereof, and this Agreement shall be construed and enforced to the
end that the transactions contemplated hereby be effected and the obligations contemplated hereby
be enforced, as if such illegal or invalid clause, provision or section had not been contained herein.
Section 6.06 Term of Agreement. Except as otherwise specified in this Agreement, this
Agreement and all representations, warranties, covenants and agreements contained herein or made
in writing by the Issuer in connection herewith shall be in full force and effect from the date hereof
and shall continue in effect as long as the Note is outstanding.
Section 6.07 Notices. All notices, requests, demands and other communications which are
required or may be given under this Agreement shall be in writing and shall be deemed to have been
duly given when received if personally delivered; when transmitted if transmitted by telecopy,
electronic telephone line facsimile transmission or other similar electronic or digital transmission
method (provided customary evidence of receipt is obtained); the day after it is sent, if sent by
overnight common carrier service; and five calendar days after it is sent, if mailed, certified mail,
return receipt requested, postage prepaid. In each case notice shall be sent to:
If to the Issuer: Finance Director
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Facsimile: 561- 799 -4190
7
01
• If to the Bank: Republic Security Bank
Commercial Lending
1555 Palm Beach Lakes Blvd.
Suite 155
West Palm Beach, FL 33401
Facsimile: 561 - 671 -1029
or to such other address as either party may have specified in writing to the other using the
procedures specified above in this Article VI, Section 6.07.
Section 6.08 Applicable Law. This Agreement, and each of the Loan Documents and
transactions contemplated herein, shall be construed pursuant to and governed by the substantive
laws of the State of Florida.
Section 6.09 Binding Effect; Assignment. This Agreement shall be binding upon and inure
to the benefit of the successors in interest and permitted assigns of the parties. The Issuer shall have
no rights to assign any of their rights or obligations hereunder without the prior written consent of
the Bank.
Section 6.10 Conflict. In the event any conflict arises between the terms of this Agreement
and the terms of any other Loan Document, the Bank shall have the option of selecting which
conditions shall govern the loan relationship evidenced by this Agreement and, if the Bank does not
so indicate, the terms of this Agreement shall govern in all instances of such conflict.
Section 6.11 No Third Party Beneficiaries. It is the intent and agreement of the parties
hereto that this Agreement is solely for the benefit of the parties hereto and no person not a party
hereto shall have any rights or privileges hereunder.
Section 6.12 Commitment Letter Superseded. To the extent any provision of this
Agreement, the Note, or the Note Resolution conflicts with any prior understanding between the
parties, or any term of the Invitation to Propose or the Bank's response thereto. Such prior
understanding or term shall be deemed to have been superseded by such provisions of this
Agreement, the Note or the Note Resolution, as the case may be.
Section 7.13 Attorneys Fees. To the extent legally permissible, the Issuer and the Bank
agree that in any suit, action or proceeding brought in connection with this Agreement, the Note, or
the Note Resolution (including any appeal(s)), the prevailing party shall be entitled to recover costs
and attorneys' fees from the other party.
Section 7.14 Entire Agreement. Except as otherwise expressly provided, this Agreement
and the other Loan Documents embody the entire agreement and understanding between the parties
hereto and supersede all prior agreements and understandings relating to the subject matter hereof.
Section 7.15 Further Assurances. The parties to this Agreement will execute and deliver,
or cause to be executed and delivered, such additional or further documents, agreements or
8
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instruments and shall cooperate with one another in all respects for the purpose of out the
transactions contemplated by this Agreement.
Section 7.16 Incorporation by Reference. All of the terms and obligations of the Note
Resolution are hereby incorporated herein by reference as if said Note Resolution was fully set forth
in this Agreement.
Section 7.17 Waiver of Jury Trial. To the extent permitted by law, the Issuer and the Bank
hereby waive trial by jury in any litigation commenced by either in respect hereof or of the Note or
Note Resolution.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective between
them as of the Date of Execution set forth below.
(SEAL)
GA16299 \8 \loan agrccmcnt(l).wN 9
CITY OF PALM BEACH GARDENS,
FLORIDA
Title: Mayor
IIn
Title: Clerk
Date of Execution:
April 18, 2000
REPUBLIC SECURITY BANK
By:
Title: Vice President
Date of Execution:
April 18, 2000 .. .
Cpl 16
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 4/12/00
Subject/Agenda Item: Resolution 36, 2000
Recommendation /Motion: Approve agreement with Seacoast Utility Authority for
direct discharge to sewer.
Reviewed by:
Originating Dept.:
Costs: N/A
Council Action:
Total
City Attorney
Engineering
[ ] Approved
Finance
N/A
[ ] Approved Wicomaim.
ACM
Current FY
( ] Denied
Human Res.
Other
Funding Source:
[ ] Continued to:
Advertised: NA
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
Resolution,
[ J Not Required
SUA agreement
Submitted by:
Dan Clark
Affected parties
( ] Notified
Budget Acct. #::
( ] None
Approved by:
[ I Not required
BACKGROUND: To save costs associated with the remediation of the contamination
under the soccer field; staff sought an agreement with Seacoast Utility Authority for
the discharge of air stripper effluent into their sewer system.
The agreement allows for the discharge of up to 40 gallons per minute of effluent for
a period not to exceed 5 years. Monthly charges will be based on actual volumes
discharged as metered at the facility.
The expected charges will be less than $5,000 annually.
!� , ..e
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Olt f
RESOLUTION 36, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AIR STRIPPER DISCHARGE AGREEMENT WITH SEACOAST
UTILITY AUTHORITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is working with the Florida Department of Environmental
Protection to remediate the contaminated City recreation site located north of the Sermatech
property on Burns Road; and
WHEREAS, as one of the remedial techniques, the City will conduct air stripping, a
process by which contaminated ground water is pumped into a treatment unit where the
solvents are vaporized, leaving behind clean water; and
WHEREAS, in an effort to assistthe City and protect existing Seacoastwells, Seacoast
has agreed to allow the City to discharge the air stripped water into Seacoast's sanitary sewer
system; 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 air stripper discharge agreement between the City of Palm Beach Gardens and Seacoast
Utility Authority, attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 2. This Resolution shall become effective immediately upon adoption.
MAYOR JOSEPH R. RUSSO
ATTESTED BY: APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY CLERK CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
PACPWin\ HIST0RY \000328A \43F.19\stm(1501.000) f, C 1
0 AGREEMENT
THIS AGREEMENT is made and entered into this as day of P
2000, by and between the CITY OF PALM BEACH GARDENS ( "City ") and the
SEACOAST UTILITY AUTHORITY ( "Authority ").
WITNESSETH:
WHEREAS, a plume of groundwater contamination has been identified on property
owned by the City as described on Exhibit "A" attached hereto, hereinafter referred to as
"Property "; and
WHEREAS, to safeguard public health and the environment, City proposes to
commence remediation activities at the earliest possible date; and
WHEREAS, among other remedial activities, City intends to install, operate and
maintain an air stripping device designed to remove contaminants dissolved in the ground water;
and
WHEREAS, decontaminated water must be legally discharged from the air stripping
device; and
WHEREAS, the process by which permits for the discharge of decontaminated water to
surface waters is lengthy and will therefore delay commencement of remediation activities; and
WHEREAS, Authority owns and operates a nearby potable water supply wellfield; and
WHEREAS, the presence of said contamination poses a threat to Authority's wellfield
and prompt commencement of remediation is in Authority's interest;
WHEREAS, Authority owns and operates the sanitary sewer system serving Property;
NOW THEREFORE, in consideration of the mutual covenants and promises as herein
set forth, City and Authority agree as follows:
1. The foregoing statements are true and correct.
2. Subject to the terms and conditions of all applicable Authority policies and practices, as
amended from time to time, and to Authority's approval of related engineering plans, City
1
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may discharge up to 60,000 gallons per day of properly treated water to Authority's sanitary
sewer system. Such discharge will be limited to effluent generated by a single air stripping
device installed by City solely for the purpose of decontaminating ground water on the
Property, and meeting all prevailing federal, state, and local primary drinking water standards
for organic and inorganic constituents.
3. Beginning with the month during which the City first commences the discharge authorized
hereby, and continuing throughout the term of this Agreement, City shall pay to Authority
the prevailing monthly sewer base facility and commodity rates. Discharge volume shall be
metered in a manner approved by Authority.
4. City shall collect and analyze water quality samples from both the influent and effluent of the
air stripper as directed by jurisdictional regulatory authorities. City shall also collect and
analyze water quality samples from the air stripper operation in accordance with the schedule
shown on Exhibit `B" attached hereto. City shall immediately submit the analytical results
of all such sampling to Authority.
5. Authority may sever, obstruct, or discontinue the sanitary sewer service connection for the air
stripper effluent without notice or recourse to City, if City fails to timely pay billings,
statements, or invoices rendered hereunder, or if discharge water quality requirements are not
met, or in the event that continued discharge might otherwise adversely affect Authority's
interests.
6. This Agreement shall continue in force for five (5) years. Either party may terminate the
agreement following sixty (60) days advance written notice to the other party.
IA
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V
IN WITNESS WHEREOF, City and Authority have executed or have caused this Agreement to
e duly executed in several counterparts, each of which counterpart shall be considered
b y � rn an
original executed copy of this Agreement.
ATTEST:
By
Linda Kosier, City Clerk
CITY OF PALM BEACH GARDENS,
FLORIDA
By
Joseph R.Russo, Mayor
ATTES SEACOAST UTILITY AUTHORITY
Mary iles, Authority Clerk Gail F. Nelson, Chair
U:\USGRS \RIM\SUA \DOCUM ENT \PBGBURNSCONTAM. DOC
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C7
E?jM8IT "A" ORB 6531 Pe 669
A parcel of land located in the Southeast Quarter (SE %) of the
Northeast Quarter (NE k) of Section.12, Township 42 South, Range
42 East, and being more particularly described as follows:
Commencing at Southwest corner of the Southeast Quarter (SE i) of
the Northeast Quarter (NE h) of said Section 12; Thence North 01'
33' 32.0" East along the West line of said Southeast Quarter (SE
%) of the Northeast Quarter (NE k), a distance of 25.00 feet to
the intersection with the North right of way line of Burns Road
and the'POINT OF BEGINNING of the herein described parcel of
land;
Thence continue North 01' 33' 32.0" East along said West line, a
distance of 1263.71 feet to a point on the South right of way
line of Johnson Dairy Road as described in official Record Book
1786, at page 1574, Public Records of Palm Beach County, Florida;
Thence South 88' 33' 15.0" East along said South right of way
line, a distance of 724.95 feet to a point on the West right
of way line of Interstate I -55; Thence South 31' 29' 26.2" East
along said West right of way line, a distance of 81.35 feet to a
curve having a radial bearing of South 63. 27' 53.1" West, a ra-
dius of 3,669.84 feet, and a central angle of 11' 55' 20 ";
Thence proceed Southerly along the arc of said curve and West
right of way line, a distance of 763.63 feet to the end of said
curve; Thence North 88" 29' 38.0" West departing from said right
of way line, a distance of 724.13 feet to the Northeast corner of
that certain parcel of land conveyed in Official Record Book
1826, at page 1352; Thence North 88" 29' 38.0" West along the
North line of said certain parcel of land, a distance of 260.00
feet to the Northwest corner thereof; Thence South 01. 33' 32.0"
West along the West line of said parcel, a distance of 505.00
feet to a point on the North right of way line of Burns Road;
Thence North 88" 29' 38.0" West along said North right of way
line, a distance of 60.00 feet to the POINT OF BEGINNING of the
herein described parcel.
Containing in all 16.90 acres, more or less.
r
RECORD YEP.IFIEO
PALM BEACH COUNTY. FLA.
JO"N 8. OUNKLE `•
CLERK CARCUIT COI j
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EXHIBIT B
I PROPOSED SAMPLING AND MONITORING INTERVALS �
LOCATION
AIR STRIPPER
INFLUENT
FIRST YEAR SUCCEEDING
YEAR
WK1 WK2 WK3 EACH EACH EACH EACH
MONTH QUARTER MONTH QUARTER
S S S S S S
AIR STRIPPER S S S S S S
EFFLUENT
RW -1 MS MS MS MS MS MS
RW -2 MS MS MS MS MS MS
S represents sampling episode
M represents monitoring episode
City shall analyze the air stripper's influent and effluent weekly for the first month, then
monthly for the first year for dissolved constituents (EPA methods 601 and 602) in order
to monitor the removal efficiency. After the first year, air stripper influent shall be
sampled on a quarterly basis. However, air stripper effluent shall continue to be sampled
on a monthly basis.
The air stripper will be shut down for modification in the event that any of the 601 or 602
compounds in the effluent exceed the Groundwater cleanup target levels specified in
Chapter 61 -777 F.A.C. or its successor rule.
City shall sample the air stripper effluent for all drinking water standards at start up, at
month 12, and at month 24 of operation of the air stripper.
In the event any City sample exceeds a federal, state, or local primary drinking water
standard, City shall immediately notify Authority and provide copies of such test results.
Thereafter, City shall sample the air stripper effluent quarterly for the contaminant
exceeding the standard and immediately submit the results of such testing to Authority.
•
11-1
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: April 17, 2000
Date Prepared: March 30, 2000
SUBJECT /AGENDA ITEM: PUD 99-02
First Reading: Ordinance 14, 2000, a request to amend the Master Plan for the
Admiralty II Planned Unit Development (PUD) to increase the square footage of the
approved second phase office building from 82,265 to 82,389, reduce its height from 10
stories to 5 stories, and add an optional third floor to the approved parking structure.
RECOMMENDATION:
Staff recommends approval of Ordinance 14, 2000, with conditions.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorne�
Growth Management
[ ]Approved
Finance NA
t
$
[ ]Approved w/
Current FY
conditions
ACM
[ ] Denied
Human Res. NA
Advertised:
Funding Source:
( ] Continued to:
Other NA
Date:
[ ] Operating
Attachments:
• Ordinance 14, 2000
Paper:
( ]Other
• Site plan
• Landscape plan
• Sign elevation
• Feb. 29, March 10
waiver justifications
• Feb. 8 waiver
justification & summary
[X] Not Required
•
Sub mi �:
G ro Ma ement
Affected parties
Budget Acct. #::
Director
[ ] Notified
[ ] None
Approved by:
City Manager
[X] Not required
City Council
Meeting Date: April 17, 2000
Date prepared: March 30, 2000
Petition PUD -99 -02
REQUEST
Alfred J. Malefatto, agent for Palm Beach Hotel and Office Building Limited Partnership,
is requesting to amend the master plan for The Admiralty planned unit development
(PUD). The 12.5 -acre site currently contains an 82,265 square -foot office building, a
parking structure for 559 cars, a hotel containing 160 units, an 8,000 square foot
restaurant with 200 seats, and an 814 square -foot mechanical building. The second
phase of the site, which consisted of an additional 82,265 square feet of office and
another parking structure for 229 cars, has not yet been built. This amendment
proposes to increase the square footage of the approved office building from 82,265
square feet to 82,389 square feet, reduce its height from 10 stories to 5 stories, and
permit the approved parking structure to have an additional story (for a total of three
stories). The site is located on the southwest corner of PGA Boulevard and Interstate
Highway 95. (12- 42S -42E)
BACKGROUND
The PUD, known as the "Admiralty II," was created by Ordinance 15, 1987, and subsequently
amended, most recently by Ordinance 26, 1996 on February 6, 1997. The Admiralty II PUD
was approved for 164,530 square feet of office, a 162 -room hotel, 4,300 square feet of retail,
8,000 square feet of restaurant, and a 3,600 square -foot bank. The development is
completed except for the Phase 2 office tower and 2 -story parking garage.
The currently approved site plan for the Phase 2 office tower shows a 10 -story structure. As
shown on the site plan, a 5 -story building is now planned with a slight square footage
increase from the previous approval (from 82,265 square feet to 82,389 square feet). Some
architectural details for the proposed tower are similar to those on the existing buildings. The
primary color and material scheme for the proposed tower will match that of the existing
buildings. The floor plate and architectural styling, however, have been modernized.
This applicant originally requested only a time extension, but later expanded the request to
include the changes described above.
LAND USE AND ZONING
The subject site is zoned General Commercial (CG -1) with a PUD overlay, has a future land
use designation of Commercial (C), and is listed as Commercial (C) on the Vision Plan. For
2 _
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City council
Meeting Date: April 1T, 2000
Date Prepared: March 30, 2000
PUD -99 -02
a complete listing of adjacent uses, land use designations and zoning districts, see Table 1
(attached). Table 2 examines how consistent the proposed project is with the City Code and
future land use designation for the site.
CONCURRENCY
The proposed project received concurrency certification on September 27, 1999, which
included concurrency for traffic, drainage, solid waste, sewer and water.
PROCEDURE
This is a request to amend an approved PUD. The request is reviewed by the Development
Review Committee (DRC), who forwards comments and recommendations to the Planning
and Zoning Commission. Acting in an advisory role, the Commission considers the
recommendations of the DRC and City Staff and makes a recommendation to the City
Council. The City Council reviews the request for an amendment to an approved PUD, and
makes a final determination of approval, approval with conditions, or denial.
PROJECT DETAILS
Building Site
The 12.5 -acre site currently contains Phase 1 of The Admiralty project, consisting of a 10-
story office building with a drive - through bank, an Embassy Suites hotel, a restaurant, and a
parking structure. The second phase of the site has not yet been built. The applicant
proposes to increase the square footage of the approved office building from 82,265 square
feet to 82,389 square feet (an increase of 124 square feet), decrease the height, and permit
the approved parking structure to have an optional additional story (for a total of three
stories).
Site Access
The site has an ingress /egress along PGA Boulevard, which will be expanded to provide a
right turn lane. There is also access from Military Trail via a permanent easement and road
across First Union Center (formerly Admiralty).
At the time of its original approval, three additional access points were mandated by the City
Council, connecting the site to the Tanglewood Apartment site to the south. The original
development order (Ordinance 15, 1987) contains a condition stating:
"The parking garages shall be constructed to have both exit and entrance
lanes on the south side facing Tanglewood Planned Unit Development.
The said garage openings shall be chained off from use and remain in such
status until the City Council shall by Resolution direct otherwise."
3
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City Council
Meeting Date: April 17, 2000
Date Prepared: March 30, 2000
PUD -99 -02
Two of the access points were built, including a narrow road west of the parking garage
(egress only -into Tanglewood) and an access point through the existing parking garage. The
garage access is currently chained off.
The applicant has requested that the two garage access points be eliminated. (The owner of
Tanglewood wants all three access points to be removed.) The Planning staff does not favor
the removal of the existing access points, unless the City Engineer is satisfied that they are
not serving any purpose. The westernmost (ground) connection especially provides good
linkage between these two properties; it could be even more valuable if it were two -way.
It should be noted that this property is within the PGA Corridor Overlay (see discussion
below) and one of the Overlay principles is that "Neighboring properties are encouraged to
link their parking lots together and to share common driveways."
The City Engineer has consulted with the City's traffic consultant on this matter. His
recommendation is that the existing and proposed garage access points would serve little
purpose and would bring vehicular traffic into the heart of a residential neighborhood if
opened; therefore they could be eliminated. The westernmost (ground level) access point,
however, should not only remain but should be expanded to accommodate two -way vehicle
movement.
Siqnaqe
• Ground Signs: The site has approximately 1,539 feet of public road right -of -way frontage;
therefore the site can have up to 2 ground signs. The site already contains one ground
sign with four tenants, and they are proposing a second ground sign with three tenants.
Four tenants on one sign would not be allowed by today's code, but since a specific
approval was granted for it (Resolution 145, 1994) it is a valid nonconformity which can
remain. The proposed ground sign meets code.
Wall Signs- Existing: This property also contains a number of wall signs. The City
approved a signage program for this entire property via Resolution 61, 1988, and most of
the existing signs conform to that plan. An apparent exception is the sign on the existing
office building. Resolution 61, 1988 calls for this sign to be no higher than the second
floor, but today it is above the tenth floor. Unless the applicant can establish that the City
approved this change, this sign would be considered illegal, and would have to be
removed. Another option is for the applicant to request a waiver as part of this application
for this sign, which they have now done.
• Wall Signs- Proposed: The proposed building exhibits two signs. On the north facade is a
sign at the fifth floor level. Under today's code this sign could be no higher than the fourth
floor line. The approved signage program allowed a sign at the tenth floor level for this
4
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C,
City Council
Meeting Date: April 17, 2000
Date Prepared: March 30, 2000
PUD -99 -02
building, but since the proposed sign is in a different location the previous approval is not
valid for it. Therefore the applicant has requested a waiver for this sign.
The applicant is also proposing a fifth floor sign on the south facade of this building. The
approved signage plan allows only a second floor tenant identifier sign at this location, and
today's sign code also allows only a second floor -level wall sign. Therefore this sign cannot
be approved unless by waiver, which the applicant has requested.
PGA Boulevard Corridor Overlay
This project falls within the PGA Corridor Overlay District. The project complies with the
landscape and open space guidelines of the Overlay. The building design guidelines of the
Overlay call for new buildings in existing complexes to "have a unity of character and design."
Other guidelines suggest seeking "visual order through the consistent use of compatible color
palettes ", and require that all building elevations receive equal architectural treatment.
It should be noted that the Overlay requires that all new, relocated, or reconstructed utilities
be placed underground.
Phasinq
All of Phase 2 will be built at once, except that the applicant may not add the (optional)
third level onto the parking garage until later. See "Parking" below for discussion.
Parkinq
It should be noted that the City is in the process of revising its Land Development
Regulations, and that this project will be subject to these new regulations. One of the
proposed changes subjects projects which request parking above code requirements to
special processing. Any request for a parking increase of more than 10% over required
parking requires a waiver from the City Council. The need for the additional parking must be
justified. This project requires such a waiver for its additional parking request.
The required number of parking spaces in Phase 2 is 275 (1 space /300 s.f.). The
proposed parking structure would contain 299 at two stories (8% over required) and 435
at three stories (58% over required). The applicant has requested a waiver request for
the additional parking, and has provided a justification (attached).
Leqal Nonconformities
As noted earlier in the "Signage" section, the existing ground sign with four tenant
names is a legal nonconformity because it would not meet today's code but received
specific approval by the City.
5
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City Council
Meeting Date: April 17, 2000
Date Prepared: March 30, 2000
PUD -99 -02
Waivers
The applicant initially requested several waivers, including:
1. Specialty pavers, currently not allowed by right.
2. 9' parking spaces in place of the standard 10' spaces
3. Number of loading spaces; code requires 3 for this use, applicant is proposing 2
4. PUD setback: on south side, code requires 20' setback. Applicant is requesting a
waiver to match the existing garage's 15' setback
5. Elimination of 6' wall: on south side, code requires a 6' wall separating commercial
from residential. Applicant feels that the parking garage in effect acts as 6' wall
6. Number of flagpoles; code allows three but four already exist
7. Timing of platting; code requires platting prior to C.O., which is acceptable to applicant.
However code is being revised to require platting prior to building permit, which applicant
does not want. Waiver filed as a precaution in case code is changed before their final
approval
8. Signage on north side of proposed building; code limits to fourth floor line, but
applicant wants sign at top, which is above the fifth floor
0 As the project has developed, the applicant has added two additional waivers:
9. Signage on existing office building; according to this project's approved signage
plan, this building was to have a sign at the second floor level. Today the sign is
above the tenth floor
10. Signage on south side of proposed building; code limits to second floor line, but
applicant wants sign at top, which is above the fifth floor
The applicant has also requested a waiver for having over 10% more parking than their
use requires, as discussed earlier in this report.
DRC COMMENTS (meeting held January 27, 2000)
Planning Division
The Planning Staff reviewed this petition and offered the following comments:
1. This application started as a time extension, but that request has now been
incorporated into the PUD amendment request.
2. The sign colors on the new building should match the sign colors on the existing
buildings.
3. The old conditions of approval from past approvals are being reviewed and will be
updated, deleted, or carried forward as appropriate.
T
0 01759
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City Council
Meeting Date: April 17, 2000
Date Prepared: March 30, 2000
PUD -99 -02
4. Staff will evaluate the applicant's request to close all access points between
Admiralty and Tanglewood and offer a recommendation at a later date.
5. Phase 1 of this project did not have enough parking to meet code, and utilized a
shared parking study. Due to parking and possible traffic concerns, Phase 2 may
have a prohibition on medical office use.
Police
See attachment dated February 4, 2000.
City Engineer
No major concerns. See attached memos of December 17, 1999, January 26, 2000,
and March 9, 2000. It should be noted that the City Engineer does not support
removing all of the connections to Tanglewood PUD.
Seacoast Utility Authority
Several requests; see attached letter of December 15, 1999.
The following agencies have offered no comments or concerns on this project. City
Attorney, Public Works, Code Enforcement, Parks and Recreation, Public Information,
Solid Waste Authority, Northern Palm Beach County Improvement District, School
Board, City Environmental Consultant, Fire Marshal.
PLANNING AND ZONING COMMISSION
This project was reviewed by the Planning and Zoning Commission as a workshop on
February 22, 2000. No major concerns were raised by the Commission, and staff was
directed to prepare the application for a public hearing.
On March 14, 2000 this application was heard in a public hearing after due public
notice. Discussion focussed on the project signage. Finally it was resolved that the
petitioner would not seek specific signage approval with this application, but would
return later with a petition for approval of their sign package. They did ask the
Commission for a recommendation of approval on their requested signage locations,
however.
The Planning and Zoning Commission recommended approval of this application,
subject to staffs recommended conditions of approval. Their recommendation included
approval of the requested waivers, except for the applicant's request to be able to plat
prior to C.O. rather that building permit. The Commission recommended to Council that
only the westernmost (ground) vehicular connection should be maintained between this
is property and Tanglewood. Finally, the Commission recommended that a new condition
7
C1::��
City Council
Meeting Date: April 17, 2000
Date Prepared: March 30, 2000
PUD -99 -02
of approval be added requiring that the applicant come back to the City for approval of
their detailed signage package at a later date, although the locations of the signs were
approved as a part of this petition.
RECOMMENDATION
Staff recommends approval of PUD- 99 -02, subject to the following conditions:
1.
All conditions of approval from all previous ordinances and resolutions relating to this
PUD are still in full force and effect unless specifically modified or deleted herein.
2.
The sign colors on the new building should match the sign colors on the existing
buildings.
3.
No medical or dental office use shall be allowed in this project.
4.
Prior to City Council approval, the applicant shall submit a plan to the City delineating
proposed lot lines for future subdivision.
5.
Within three months of final approval, the applicant shall remove all exotic vegetation
from Phase 2. The area shall be graded, sown with grass seed, and maintained until the
commencement of construction.
6.
The applicant shall be responsible for maintenance of the landscaping along PGA
Boulevard and the 1 -95 on -ramp.
7.
The applicant shall review this project with the City of Palm Beach Gardens Police
Department and shall institute any reasonable safety measures which the Department
shall require.
8.
The applicant shall revise the plans and site data to account for the proposed ground
connection between the garages and the subsequent loss of parking.
9.
In the event that the connection points between this project and Tanglewood are
maintained, access easements shall be recorded for them up to the south property line.
10.
This project shall be platted prior to the issuance of a building permit.
11.
This project shall return to the Planning & Zoning Commission and City Council as a
miscellaneous petition for the approval of the text of its signage.
12.
The vehicular connection points in the parking garages between this project and
Tanglewood may be eliminated. The existing ground level vehicular connection point
west of the parking garage shall be expanded to allow two -way vehicular traffic and
pedestrian /bicycle use.
13.
This project's buildout date is December 31,2001.
WAIVERS
Based upon staff analysis of the project's circumstances and the applicant's justification
statements, staff also recommends the approval of waivers 1 -6 and 8 -11:
8
is
OUTSTANDING ISSUES
As of this writing, the only significant outstanding issue on this petition as it enters its
City Council first reading is the connection point(s) between Admiralty and Tanglewood.
9
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City Council
Meeting Date: April 17, 2000
Date Prepared: March 30, 2000
PUD -99 -02
1.
Specialty pavers, currently not allowed by right.
2.
9' parking spaces in place of the standard 10' spaces
3.
Number of loading spaces; code requires 3 for this use, applicant is proposing 2
4.
PUD setback: on south side, code requires 20' setback. Applicant is requesting a
waiver because the existing garage has a 15' setback
5.
Elimination of 6' wall: on south side, code requires a 6' wall separating commercial
from residential. Applicant feels that the parking garage in effect acts as 6' wall
6.
Number of flagpoles; code allows three but four already exist
7.
Timing of platting; code requires platting prior to C.O., which is acceptable to applicant.
However code is being revised to require platting prior to building permit, which
applicant does not want. Waiver filed as a precaution in case code is changed before
their final approval THIS WAIVER REQUEST HAS BEEN WITHDRAWN
8.
Signage on north side of proposed building; code limits to fourth floor line, but
applicant wants sign at top, which is above the fifth floor
9.
Signage on existing office building; according to this project's approved signage
plan, this building was to have a sign at the second floor level. Today the sign is
above the tenth floor
10. Signage on south side of proposed building; code limits to second floor line, but
11.
applicant wants sign at top, which is above the fifth floor
The applicant has requested a waiver for having over 10% more parking than their
use requires by code.
is
OUTSTANDING ISSUES
As of this writing, the only significant outstanding issue on this petition as it enters its
City Council first reading is the connection point(s) between Admiralty and Tanglewood.
9
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c:
City Council
Meeting Date: April 17, 2000
Date Prepared: March 30, 2000
PUD -99 -02
East
Interstate 95 N/A
10
N/A
C. C1103
Subject Property
CG -1 /PUD: General
Admiralty II
Commercial (with a
Commercial
Planned Unit Development
(C)
Overlay)
North
CG -1 /PUD: General
DoubleTree Hotel
Commercial (with a
Commercial
Planned Unit Development
(C)
Overlay)
South
RH /PUD: Residential —
Residential — High Density
Tanglewood Apartments
High Density (with a
Planned Unit Development
Overlay)
West
CG -1: General
Admiralty I
Commercial
Commercial (C)
East
Interstate 95 N/A
10
N/A
C. C1103
•
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City Council
Meeting Date: April 1T, 2000
Date Prepared: March 30, 2000
PUD -99 -02
g /short: pud9902.cc.doc
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0101"4
3
E
v C°de�Requirement � N, AMPosec� lan
Site = CG -1 /PUD Hotel and Office
Yes
Minimum Building Site
12.5 acres
Yes
Area for CG -1: 1 acre
Minimum Site Width for
667 feet
Yes
CG -1: 100 feet
Maximum Building Lot
33.57%
Yes
Coverage for CG -1: 35%
Maximum Building Height
133 feet*
Yes
for CG -1: 36 feet
(with previous PUD
*existing approved hotel building
approval)
Front Setback for CG -1:
Front Setback:
Yes
50 feet
98 feet
Side Setback for CG -1:
Side Setback:
Yes
15 feet
93 feet
Side Setback Facing a
Side Setback Facing a
Yes
Street for CG -1:
Street: 49 feet
40 feet
Rear Setback for CG -1:
Rear Setback:
Yes
15 feet
15 feet
g /short: pud9902.cc.doc
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March 31, 2000
April 7, 2000
ORDINANCE 14, 2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF THE APPLICATION OF PALM BEACH
HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
FOR AN AMENDMENT OF A PREVIOUSLY APPROVED
PLANNED UNIT DEVELOPMENT LOCATED AT THE
SOUTHWEST CORNER OF PGA BOULEVARD AND
INTERSTATE HIGHWAY 95 AS MORE PARTICULARLY
DESCRIBED HEREIN BY APPROVING AN INCREASE IN
SQUARE FOOTAGE IN THE PHASE 2 OFFICE BUILDING
FROM 82,265 TO 82,389 AND A REDUCTION IN HEIGHT
FROM TEN STORIES TO FIVE STORIES, AND ALLOWING
THE PERMITTED PHASE 2 PARKING STRUCTURE TO
HAVE AN OPTIONAL THIRD FLOOR; 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 Palm Beach Hotel and Office Building Limited Partnership for approval
of an amendment to a previously approved planned unit development
located at the southwest corner of PGA Boulevard and Interstate Highway
95, in order to construct an 82,389 square foot office building and add an
optional third floor to the previously- approved parking structure on the 12.5 -
acre site, as more particularly described in Exhibit "A" attached hereto; and
WHEREAS, the 12.5 -acre "Admiralty II" site is currently zoned
General Commercial (CG -1) with a Planned Unit Development (POD)
overlay; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is consistent with the
City's Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended
approval of the amendment of the planned unit development (PUD) known
as "Admiralty II "; and
1 _
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•
WHEREAS, the City's Planning and Zoning Commission has
reviewed said application and recommended that it be approved with certain
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 approves an amendment to the "Admiralty II" PUD LOCATED
at the southwest corner of PGA Boulevard and Interstate Highway 95, as
more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference.
SECTION 2. Said Planned Unit Development is approved subject to
the following conditions which shall be the responsibility of the applicant, its
successors or assigns:
1.
All conditions of approval from all previous ordinances and
resolutions relating to this PUD are still in full force and effect
unless specifically modified or deleted herein.
2.
The sign colors on the new building shall match the sign colors
on the existing buildings.
3.
No medical or dental office use shall be allowed in this project.
4.
Prior to City Council approval, the applicant shall submit a plan
to the City delineating proposed lot lines for future subdivision.
5.
Within three months of final approval of this development order,
the applicant shall remove all exotic vegetation from Phase 2.
The area shall be graded, sown with grass seed, and maintained
until the commencement of construction.
6.
The applicant shall be responsible for maintenance of the
landscaping along PGA Boulevard and the 1 -95 on -ramp.
7.
The applicant shall review this project with the City of Palm Beach
Gardens Police Department and shall institute any reasonable
safety measures that the Department shall require.
8.
The applicant shall revise the plans and site data to account for
the proposed ground connection between the garages and the
subsequent loss of parking.
9.
In the event that the connection points between this project and
Tanglewood are maintained, access easements shall be
recorded for them up to the south property line.
10.
This project shall be platted prior to the issuance of any building
permit.
2
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11. This project shall return to the Planning & Zoning Commission
and the City Council as a miscellaneous petition for the approval
of the text of its signage.
12. The vehicular connection points between this project and
Tanglewood may be eliminated. The existing ground level
vehicular connection point west of the parking garage shall be
expanded to allow two -way vehicular traffic and
pedestrian /bicycle use.
13. This project's buildout date is December 31, 2001.
SECTION 3. The following waivers are hereby granted with this
approval:
1. Specialty pavers currently not allowed by right, to be allowed in
selected areas.
2. Sec. 118 -475 (a), Parking Stall and Bay Dimensions, which
requires 10' wide parking spaces, to allow 9' wide parking
spaces.
3. Sec. 118- 569,Number of Loading Spaces Required, which
requires three for this use, to allow two.
4. Sec. 118- 213(h), Planned Unit Development Setbacks Required,
which requires 20' setback on the south side, to allow a 15'
setback.
5. Sec. 118- 279(h), Yards, which requires a 6' wall or fence on the
south side on south side, to eliminate this requirement along the
south side of the parking garages.
6. Sec. 110 -2(b), General Regulations and Restrictions and
Prohibitions, which allows a maximum of three flagpoles, to allow
four.
7. Sec. 110- 37(b), Flat/wall Signs, which limits sign to below fourth
floor line, to allow a sign at the top of the building, which is
above the fifth floor.
8. Signage on existing office building; according to this project's
approved signage plan, this building was to have a sign at the
second floor level. Today the sign is above the tenth floor
9. Sec. 110- 37(c), Flat/wall Signs, which limits occupant with space
directly accessible from ground level to a sign no higher than
second floor line, to allow a sign at top of the building, which is
above the fifth floor.
10. Sec. 140(d)(1) (new code) Required Parking, which limits
applicants to a maximum of 10% over code required parking, to
allow up to 58% over code required parking for Phase 2.
•
•
L_J
SECTION 4. Construction of the Planned Unit Development shall be
in compliance with the following plans on file with the City's Growth
Management Department:
1. March 10, 2000 Site Plan, Oliver Glidden & Partners, (1 sheet)
2. February 21, 2000 Floor Plans & Sections, Oliver Glidden & Partners,
(1 sheet)
3. March 10, 2000 Roof & Garage Plan, Oliver Glidden & Partners, (1
sheet)
4. February 21, 2000 Elevations, North /South /East/West, Oliver Glidden
& Partners, (1 sheet)
5. February 21, 2000 Garage Roof Plan & Elevations, Oliver Glidden &
Partners, (2 sheets)
6. February 21, 2000 Photometric Plan, Oliver Glidden & Partners, (1
sheet)
7. March 10, 2000 Landscape Plans, Environmental Design Group, (2
sheets)
8. March 10, 2000 Plant List & Details, Environmental Design Group, (1
sheet)
9. March 24, 1999 Topographic Map, Robert E. Owen & Associates, (1
sheet)
10. January 20, 1999 Boundary Survey, Robert E. Owen & Associates,
(1 sheet)
11. November 18, 1999 Paving Grading & Drainage Plan, Messier &
Associates, (1 sheet)
12. November 18, 1999 Water Distribution & Sanitary Sewer Systems
Plan, Messier & Associates, (1 sheet)
SECTION 5. If any section, paragraph, sentence, clause, phrase, or
word of this Ordinance is for any reason held by a court of competent
jurisdiction to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of the Ordinance.
SECTION 6. All ordinances or parts of ordinances of the City of Palm
Beach Gardens, Florida, which are in conflict with this Ordinance are hereby
repealed.
SECTION 7. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF
r Ct1G3
•
•
PLACED ON SECOND READING THIS DAY OF 200
PASSED AND ADOPTED THIS DAY OF 200_.
MAYOR JOSEPH R. RUSSO
VICE MAYOR ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST BY:
CAROL GOLD
INTERIM CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE: AYE
NAY ABSENT
n U��
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
U
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g /short:pud9902.or.doc
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EXHIBIT "A"
IV ��i
A11 of that oacinin pamu l of land in the Southwest
Township 42 SouU&, Range 42 East, Palen Beads County,
Southerly, and Sout hea5 ugly of the Rights -of -Way
described in Deeds to the State of Florida reuoLded
447, and Official Records Book 1676, Page 1738, of
County, Florida.
PARCEL II:
()wk r-A i 7 0 aq 15 21
1/4 of the southeast 1/4 of Section 1,
Flc m da, lying lye
of State Road 9 and State Road .786 as
in Official Fwd's Boot 1530, Page
he Public Recc,Lds of Palm Beach
A11 of that certnin parcel of land in the Iot -U east 1/4 of Section 12, Township 42 South,
Range 42 East, Palm BA-ar-fi Qounty, Flu ida, lying Nu.L u jerly of a 1 i ne 825 feet Ia U, of the
Sousse 1 i ne of the NaLii, 1/2 of the No 4t 1/4 of said Sect i r n 12, and lying
SouU xaes t-xly of the South uerly Right -of -Way line of State Road 9 as described in Deeds
to the State of F iacida eased in Official Records Book 1223, Page 151, and Official
Records Book 1291, Page 159, Public Records of PIA-1- Ar%�- County, F ALi.da. LESS AND
EXCEPTING ITMIU�F1ZCM that poz Lion thereof lying Westerly of the Easterly line of the land
described in the Warranty Decd receded December 8, 1977, in Official Faery-i?-ds Book 2777,
Page 715, of the Public Raxuds of Palm Beads County; and ALM r AND ExC Ep
lI the Right- of-Way for State Road 786 as des- .iA:)ed in Lis to the State of
Icicida, recorded in official Records Book 1530, Page 448, and Official Records Book 1676,
Page 1738, of the Public Reciauds of Palm Beads Qamty, Florida.
PARCEL III:
THE F0j.T JWUD THREE PARCELS:
S:
0 1
•
EXHIBIT "A" •?
at the point of ix i of the FAmterly Right-of -Way lime of MiUtaxy
Trai 1 (60' Fast of the oenterllne of Mi I ita,ry Trni I ) and the NAL U,arly Right- of_ilay jim
of Johnson DAi Ty ftx�; thence NcjLL U& 01 deycnes 59111" FA-Q-t along the Easterly Right- of-Way
of Mi I i t ary Trail ( said Easterly Right -of -Way is assured to bear North Ol degrees 59111"
East and All other bearings are relative thereto), a di Mecca of 800.00 feet; thence South
88 degrees 07'09" East, along the NaLU, ? i ne of the South 825.00 feet .of the North
one -half of the Nr:aL u mat one quarter of said Section 12, a dim anOe Of 303.00 feet to a
Point hereinai ijur )mown as POINT CF BDGINtMG for Pau� -1 "A "; thence oontijus South 88
degrrc.-z 07'09" Fast, a di -:tan ce of 207.00 feet to a paint hereinafter known as POINT CF
BEGINNING for Parcel "B "; the?r?? ocnt xjue South 88 degrees 07109" Fact, a Ai stance Of
675.00 feet to the POINT of BEGINNING for Parcel "C "; them South Ol degrees 52151- West,
a distancie of 5.00 feet; thet?r?v-% South 88 degrees 07'09" East, a diijuuyce of 60.00 feet;
thence NoL ii, Ol degrees 52151" East, a di -- anoe of 5.00 feet; thence North 88 derma
07'09" West, a A i 4tance of 60.00 feet to the POINT OF BFr-D* II G for parcel "C"; then_?e
return to the POINT CF BE GIN NDG for Parcel "A" and run South Ol degrees 52' 51" West, a
dimstance of 5.00 feet; thence South 88 deyrues 07'09" Fa�?t, a di sLdnce of 60.00 feet;
thence Ncmu`x Ol degrees 52'51" Fast, a d i -i acre of 5.00 feet; thence No r u, 88 degrees
07'09" West, a di stance of 60.00 feet to the POINT CF BE7GINUM for Parcel "A "; thence
return to the POINT OF BEGINNING for Parcel "B" and run South Ol deg-fees 52'51' West, a
i i i YJB of 5.00 feet; thence Sou Lh 88 degrees 07'09" Feet, a A i s cuxn- of 60.00 feet;
thence Nc,L U, Ol degrees 52'51" East, a di-,idr?r?e of 5.00 feet; thence NaL U, 88 degrees
07109" West, a of 60.00 feet to the POINT OF BE GIM4D G for Parcel "B".
PAFd'P?• IV:
70GETHER WITH THE BED IT OF:
A 28.00 foot wide ingress /egrPz5z easement, as eausblished by iu; U%jment recorded February
8, 1988, in Official Fbcords Bodo 5567, Page 1380, lying in the North one hRl f Of the
K:m u,east one gnrt er of Section 12, Township 42 South, Range 42 FaQt, Palm Beach County,
F1ucida, being nnre par =Li ularly described as follows:
0 0173
EXHIBIT "A"
• �iRx H7iil Pq KS23
! "OR M HY N_ W J f KgNq Cf ' Rn RP, -(-), uT•{ � t�
COMMEWMG at a point on the N.AL Uz -South Quarber section > i ne of said Section 12, 825 feet
NuiU& of the South line of the N;xui half of the Norli — st War ter; thence South 88
degrees 08'55" F?-st, a di stance of 60.00 feet to a point on the Easterly Right-of-Way of
Military Trail; thence North Ol degrees 5725" East along said Easterly Right-Of-Way, a
tli_stance of 175.00 feet to 1PO1W OF BBGINNDG of a 28.00 foot wide ingress /mss easement
lying 14 foot either aide of the following described centerline: From the pOINP OF
BEGINQIN3 run South 88 deyr 08155" Fnst, a di= tanoe of 269.68 feet mom or less to a
point on the Eas- ixrly 1 i ne of property d?�ibed in Official F4eoords Boric 2777, Page
Public ids of Palm Beach County and the tmixv Q of this easement. Tba s ide lines �
i exof
said easement are lengthened or shorbened to intersect the property lines.
Said lands situate, lying and being in Palm Beach County, Florida.
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project no:
97127
1
ADMIRALTY - PHASE 11 date: 03/14/00
OLIVER 'G LIIDDEN & PARTNERS PAW BEACH DNS. FLORIDA drawn by.
ARCHI rECTURE - INTERIOR DESIGN 42 SaJTM SECTION 12 RANGE 42 EAST UH
■
checked by
IQI PMUN WAY. SUITE: 100 WEST PALM BEACH FZDRNA Shill
561664684/ - FAX: 5616846890 - EMAIL: ogd8al ®wLmm JG
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Apr -07 -00 04:42P 01iverG1idden
OLIVER • G" (MEN & pARTNkRs
A R It I Tr(:T I.; RE - INTERI0V UF. SIC, N
April 7, 2000
Jim Norquest, Principal Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410 -4698
RE: Admiralty Phase it
Project No. 97147
VIA: Facsimile, 799 -4281
Dear Mr. Norquest:
� 1Q
P.O1
Rd of iver
John Oiddcn
I }uric! 6cvwn
Kkith spites
We understand that the City is in the process of amending the parking section of the land
development regulations and that our project is subject to the prospective requirements. At the
• request of Barbar Springthorpe we are providing this additional justification language for your
use:
Waiver NQ. 11 PE&Dg
As shown on the submitted site plan, we are requesting approval of a three story garage
on the south eastern end of the property. This will result in an increase in the number of
provided parking spaces greater than ten percent of the required parking for this phase
of the PUD. The required number of parking spaces is 275 and with a two -level garage,
we will provide 297 parking spaces. With the optional 3rd level at the garage, we could
provide 433 parking spaces. Construction of the third level would only take place when
and if there is a prime corporate tenant that has a real and actual demand for the
additional parking.
Additionally, the originally approved project required and provided 299 spaces In the
Phase II. Therefore our total additional parking request is for only 134 additional cars
which would give us a total ratio of 5.2 per 1,000 SF - a requirement that is very common
among corporate users. Also, the previously approved garage was a 3 % story garage
of 255 feet in length. Our optional 3rd level would make us only a 3 level garage of 265
feet in length. (Same width).
The property Owners are actively involved in marketing the property at this time and are
attempting to make the property as attractive as possible to prospective tenants for use
as corporate headquarters. Based on the owners' experience, adequate parking is an
is important component of a thriving commercial project and, therefore, a three -level garage
■
1401 FORUM WAY, SUITE 100 • Wt-ST fMM IUACII, FL 33401 • .S61.6R4 (,sat - rAX. Sit- 684 -689it • E -MAII: ,xp(�fip IV
tic, (}
tic. No. AA ('(000G(?9 • 19 0000977 0
Ili' 111 J
Apr -07 -00 04:43P OliverGlidden
P_02
• Page 2
for Phase 11 is requested. We believe that the garage may enhance the opportunities to
attract high -end national corporations to the City of Palm Beach Gardens.
Please contact me if you have any ques - ions or need any additional information. Thank
YOU.
Veryatruly yours,
. 4. i
JOHN GLIDDEN
Senior Partner
cc: Sam Kleiner, Esq.
At Malefatto
Barbara Springthorpe
Joseph Pollock
Frank Meroney
Timothy Messier
Gary Gottlieb
David Layman
Keith Spina
JG:Iimkptoicctlactivo197\atlm -712 AsupwrP.jn- 04071Lf
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•
t B fl V fl I 6
Alfred J. Malefatto
561 -650 -7908
MalefattoA @8tlaw.com
February 29, 2000
VIA HAND DELIVERY
Mr. James Norquest, AICP
Principal Planner
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Re: Petition PUD- 99 -02, Admiralty II, Phase II
Dear Mr. Norquest:
As a follow -up to the February 22nd workshop before the Planning & Zoning Board
( "P &Z), and as preparation for our public hearing before P &Z on March 14, we hereby request
. the following additional waivers.
Waiver No. 9 - $ignage
There is an existing wall sign on the ten -story office building. The signage program
approved for the property was adopted via Resolution 61, 1988. According to the staff
report prepared for the February P &Z workshop, the sign guns supposed to be no higher
than the second floor, but today it is above the tenth floor. Unless the applicant can
establish that the City approved this change, this sign would be considered illegal, and
would have to be removed. Another option would be for the applicant to request a waiver
as part of this application."
A waiver is hereby requested nor the following reasons:
(1) the approval for the sign height above the tenth floor has not been found primarily due
to the status of the city files and the on -going relocation to the new city hall.
(2) there was code enforcement action in 1995/96 by the city against the property owner
related to unauthorized changes in some on -site signs (changes were made by a tenant
without the express permission of the property owner or city). Additionally., -a request to
amend the hotel signage and a PUD amendment to repaint the buildings" was proc�s�sejl
around the same time. A thorough staff review of the approved signs age for Ahe ir ;
GREENRERG TRAURIG, P.A. �ly4. 9 '_
P.O. BOX 20629 WEST PALM BEACH, FLORIDA 33416 -0629 ,�
561 -650 -7900 FAX 561 -655 -6222 www.gtiaw.com 1. -� /�CP �
777 SOUTH FLAGLER DRIVE SUITE 300 EAST WEST PALM BEACH, FLORIDA 3301\
MIAMI NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPHIA TYSONS CORNER CRt'A(
Sko PAULO FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE BOCA BATON -"
Mr. James Norquest, AICP
February 29, 2000
Page 2
project took place during this period. No mention of any violation for the existing sign
above the tenth floor was made at that time. The applicant believes that if a violation
existed for the signage, it would have been brought to the attention of the property owner
during the PUD amendment process. Resolution 85, 1995 (attached) addresses only the
hotel sign changes, and the required sign changes for Admiralty Bank.
Because it is difficult to establish at this time when the City allowed the sign at the
existing height, a waiver is hereby requested.
Waiver No. 10 - Signage
The applicant requests a waiver for the wall sign on the south facade of the proposed five-
story building. It is requested that a building identification or tenant sign be allowed at
the fifth floor level. Due to the elevation of the building and its close proximity to
Interstate I -95, a sign at the second floor level, currently allowed by code, would not be
clearly visible and would defeat the purpose of the sign.
Please incorporate these waivers into our current application. Please contact me if you
have any questions or need any additional information.
Thank you.
Enclosure
cc: Sam Kleiner, Esq.
Mr. John Glidden, AIA
Mr. Joseph Pollock, P.E.
Mr. Frank Meroney, ASLA
Mr. Timothy Messler, P.E.
Mr. Gary Gottlieb
David M. Layman, Esq.
• Barbara Springthorpe, AICP
GREENBERG TRAURIG
0 0182
0
WIMH
A T T O R N E Y S A T L A W
Alfrcd J. Malefatto
561- 650 -7908
MalefattoA @gtlaw.eom
February 8, 2000
VIA HAND DELIVERY
Mr. James Norquest, AICP
Principal Planner
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Re: Petition PUD- 99 -02, Admiralty II, Phase II
Dear Mr. Norquest:
Attached please find eight (8) copies of our response to the staff comments discussed
during the January 27, 2000, DRC meeting. The site, landscape and civil engineering plans have
been revised and will be forwarded to you under separate cover by the end of the day.
It is our understanding that this proposed development will be placed on the February 22
Planning & Zoning Board workshop agenda. Please contact me if you need any additional
information or copies in order to process this request. Thank you.
Enclosure
cc: Sam Kleiner, Esq.
Mr. John Glidden, AIA
Mr. Joseph Pollock, P.E.
Mr. Frank Meroney, ASLA
Mr. Timothy Messler, P.E.
Mr. Gary Gottlieb
David M. Layman, Esq.
Barbara Springthorpe, AICP
WPB /SP RINGTHO RPEB/ 25532MShOc01 !.DOC/LOS/00/18910.020000
GREENBERG TRAURIG, P.A.
P.O. Box 20629 WEST PALM BEACH, FLORIDA 33416 - 0629
561 -650 -7900 FAx 561 -655 -6222 www.gtlaw.com
777 SOUTH FLAGLER DRIVE SUITE 300 EAST WEST PALM BEACH, FLORIDA 33401
MIAMI NEW PORK WASHINGTON, U.C. ATLANTA PHILADELPHIA TYSONS CORNER CHICAGO
SAO PAULO FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE BOCA BATON
Sean D. Donahue. P.E. comments
We have reviewed the applicant's responses to our previous comments: the applicant's
responses to the City's memorandum: and the revised Site Plan and Landscape Plans receivers
on January 20. 2000. We have the following comments that are based on our December 171
1999 memorandum;
1. Previouslv Satisfied.
No response necessary.
2. Previousiv Satisfied.
No response necessary.
3. Previously $atisfied.
No response necessary.
4. Previously Satisfied.
No response necessary.
5. Not Satisfied. The applicant is proposing 9 -feet wide parking spaces. The City's LDR.-,
require the standard parking space to be a minimum of 10 -feet wide by 18.5 -feet deep.
We continue to support the Citv's LDR reauirements. If 9 -feet wide spaces are accepted
by the Citv Council. then the spaces will be need to be double striped.
A waiver for this requirement has been requested. The applicant proposes to double - stripe the
parking spaces.
6. Previously Satisfied.
No response necessary.
7
Conditionaliv Satisfied. The applicant lists 3 loading spaces in the Droiect data table,
of the Site Plan. which meets the minimum number of loading spaces. Der LDR Section
118 -569: however there are only 2 loading spaces shown on the site a_ lan. The applicant
has requested a waiver for the number of loading spaces,
A waiver for this requirement has been requested. The project data table
reflect 2 loading spaces.
8, The applicant will need to revise the loadina spaces to include maneuvering aprons with
the dimensions of 12 -feet wide by 35 -feet Iona behind the loadina spaces. We
recommend moving the spaces to the north to make up the distance needed for the
apron. The apron should be shown on the Site Plan.
The site plan has been amended to include maneuvering aprons.
91 Previously Satisfied.
No response necessary.
1 Q. Previouslv Satisfied.
No response necessary.
11. Previously Satisfied.
No response necessary.
12. Previously Satisfied.
No response necessary.
13. Previously Satisfied.
No response necessary.
14. Not Satisfied. Curbina has been added to all but one of the landscapina islands. The
landscapina island near the north dumoster located to the east of the existina hotel is
missina a curb on the Site Plan and Landscape Plans.
The site plan, landscape plan and engineering plans (sheet C -1) have been revised to reflect
the required curb.
15. Conditionally Satisfied. The applicant will need to add a note to the Site Plan to
describina the directional sians near the circular drive.
This note is included on the building plan, but is not on the site plan due to the scale of the site
plan.
16. The Site Plan shows a hatched laver alona the entrance drive to the Phase II- Office
Buildina. The applicant n-,--ds to identify the entrance drive if it is to be paver bricks with
Sflush header curbs or remove the hatching_. This should also be reflected in the Legend
and be included on the Landscape Plans.
01 0185
2
The site plan legend has been amended to identify the entrance drive with paver bricks and
flush header curbs. The landscape and engineering plans have also been amended.
A waiver for the paver bricks is included below.
17. If the applicant decides to use paver bricks in the entrance drive. the stop bars must be,
revised to use white paver bricks or another alternative other than thermoplastic, If the
applicant decides not to use Daver bricks. the Leaend should indicate that the stop bars
are thermoplastic and not Dainted.
The site plan has been amended to show that the applicant will incorporate DOT pavers for the
stop bars. No thermoplastic paints will be used in paver areas.
18. The applicant will need to add notes to explain the proposed changes to the entrance
drive off of PGA Boulevard.
See Page SP - 1 of the site plan for notes of explanation on the entrance drive changes.
19. The catch basins that are shown on the Landscape Plans are in the wrong locations and
some have been omitted.
The landscape plan has been amended to reflect the civil engineer's drawings.
20. The Landscape Plans show a Washington Palm that appears to be located directiv on
too of a catch basing that is connected to the roof drain of the building. More specifically.
the fourth Dalm to the north of the building appears to be located on the catch basin.
The landscape plan has been amended to reflect the proper proposed location of the
Washingtonian Palm.
21. The Pavina. Gradina and Drainage Plan received on January 20. 2000 shows two catch
basins located under the ramD to the parkina aaraae. Messier and Associates. Inc
submitted a revised Paving. Gradina and Drainage Plan on January 24. 2000 that notes
that the catch basins will be removed. The removal of the catch basins will cut off the
connection of the southern exfiltration trenches to the retention area. The plan should be
revised to show the connection in a different location.
We have revised the plans to remove the catch basins under the ramp to the garage and have
added two new catch basins west of the ramp. These new catch basins tie into the exfiltration
• system and will be used as the outfall for this system.
n 0166
3
• 22. The revised Paving. Grading and Drainage Plan received on January 24, 2000 shows
that an inlet will be converted to a manhole at the northwest comer of the reconstructed
parkina lot. The runoff direction arrows show proposed aradina towards the prop_ osed
manhole.
We have revised the plans to show the flow arrows pointing in the correct direction, which is
towards the inlet and not the converted inlet.
23. The Topographic Map and the Boundary survey are in conflict with respect to the swale
that borders the south side of PGA Boulevard. One map shows two swales and a
separation with a culvert and the other map shows one Swale. Based on field
observations. the Topographic Map appears to be correct. The applicant needs to revise
the plans to show the correct configuration. We note that the Paving. Grading and
Drainaae Plans are also in error.
The site plan and drainage plans have been amended to reflect the existing situation.
24. In order to clarifv the issue of the tumina lane off of PGA Boulevard and traffic
concurrence, the Palm Beach _County Traffic Enaineerina Department and the City',s
traffic consultant. MTP Group. determined that this conditions is required to achieve
traffic concurrencv. We will support the County's condition for the tumina lane.
Attached is a copy of the letter from Daniel Weisberg, Palm Beach County Engineering
Department, confirming the turning lane is not a concurrency issue.
As discussed at the DRC meeting, the applicant may need to obtain a waiver from FDOT on the
length of the turning /deceleration lane.
25. The applicant's response to the Citv's memorandum dated January 5. 2000 states that
the applicant wishes to withdraw the proposed bridge in the parkina_ aaraae. The app_ licant will
need to remove the brdae from the Site Plan and Landscape Plan.
The site plan and landscape plan have been revised to reflect the deletion of the bridge.
n 0187
4
• Mark Hendrickson comments:
have reviewed the above - referenced petition submitted January 19. 2000. The following are
my Comments and recommendations for the January 27. 2000 DRC meetina:
As a condition of the approval for the time extension. I recommend that all exotic vegetation be
removed from the phase two area within three (3) months. The area shall be graded and grass
seeded within four (4) months of the time extension approval. The petitioner continues to agree
to this condition.
As noted above, the applicant agrees to this condition.
The petitioner has reauested waivers from Sect. 11$-213. entitled PLJD Planned Unit
Development Districts. which requires a 20 feet setback is required between commercial and
residential land uses to buffer the uses. and Sect. 118 -279. entitled Yards. which requires a six -
foot tall wall is reauired between commercial and residential uses,
Staff is recommending. in addition to the proposed landscaping. a chain -link fence in -lieu of a
wall (gates as needed) between the parking aaraaes and from the eastern aaraae to the 1 -95
• fence,
The applicant has no objection to providing a chain -link fence with gates as needed in these two
areas of the site.
There are three parcels (A. B & C) that provide for connections from the Admiralty II proiect to
Tanglewood PUD. Parcels A and B have pavement connections to the Tanalewood PUD road
system. Ordinance 15. 1987.-section 6(a) requires the parking garages to be connected to the
Tanalewood PUD. It also states "The said garage openings shall be chained off from use and
remain in such status until the Citv Council shall by Resolution direct otherwise."
Preliminarily, staff is in support of the elimination of the connection between the new aaraae
and the Tanglewood Apartments site. and the removal of the existing connection between the
old aaraae and Tanalewood. The one -wav road connection needs to have a lea_al cross access
agreement between property owners for no less than Dedestrians traffic.
The owners of both the Admiralty and Tanglewood properties believe the existing surface
connection should be completely terminated, particularly since Tanglewood intends to limit
access as part of its redevelopment plans.
The proposed entrance reconfiguration has _too much asphalt and would eliminate some native
exist
ina veaetation. Please consider modifvina the proposal to keep the native plants and
lessen the asp_ halt area.
0 0188
5
0
•
The site plan has been amended to reflect this comment.
The number of existing flaa poles would need a waiver.
Please see waiver request below.
Please provide an alternate location for art closer to a public riaht -of -way,
The applicant will defer to the Art in Public Places Commission regarding placement and will
continue to maintain the option to relocate or to make a financial contribution as the situation
develops.
The required /proposed right turn lane off of PGA Boulevard may involve relocating guide wire$
or utilities, which in turn may affect some existing streetscape trees. Please locate on a plan
these items and double check anv potential conflicts.
Please see revised site plan.
Please be aware that staff will be generating a condition of approval that will involve the
maintenance of off -site landscapina along PGA Boulevard and 1 -95.
The applicant has no objection to this.
FV
0189
•
James Norquest comments (verbal during DRC meeting)
Applicant shall review all previous conditions of approval and submit the conditions to staff.
Applicant has reviewed previous conditions of approval and met with staff. We will provide the
conditions to staff on disk once the conditions have been finalized.
I$ there bike parking on -site?
Bike parking has been added. See revised site plan.
Color consistency of proposed sianaae with existina sianaae will be required.
Applicant agrees to change the building sign to match either the hotel sign color or the Phase I
office sign color.
If there will be two ground sians. we may be limited to the same 3 tenant names on each sign,
It is the applicant's understanding that three additional tenant names may be placed on the
proposed Phase II sign.
7
n C!190
11
0
Police Department representative comments (verbal during DRC meeting)
For security purposes. fencina (with a_ates ?) should be provided on east side of property along
1 -95 and between the oaraaes.
As stated above, the applicant has no objection to providing a chain -link fence with gates as
needed in these two areas of the site.
Liahtina should be Drovided around retention area.
The applicant will provide lighting around retention area. The lighting fixtures will be
approximately two to three feet high.
Will buildina have alarm?
The building will be equipped with an alarm system.
Convex mirrors must be Dlaced in aara4e stairwells.
Applicant will provide convex mirrors in garage stairwells.
E:3
n C i on
Fire Marshal comments (verbal during ORC meeting)
•
New fire Dumos will be required for this phase of the project.
LI
0
New fire pumps will be provided for this Phase II project.
E
0 0102
The following waivers have already been submitted for staff review.
Waiver No. 1 - parking space size.
Waiver No. 2 - loading spaces.
Waiver No. 3 - 6' high wall.
Waiver No. 4 - rear setback.
Waiver No. 5 - signage on building.
REQUEST FOR ADDITIONAL WAIVERS
Based on the applicant's recent discussions with staff, and the comments received at DRC
meetings, the following additional waivers are requested.
Waiver No. 6 - Plat
As discussed during the DRC meetings, it is likely that a boundary plat with easements will be
required as a condition of approval. It is the applicant's understanding from the last DRC
meeting that Section 114- 36.(c)of the existing subdivision code is undergoing review at this time
for possible amendments. This section of the code currently requires that boundary plats be
recorded prior to the issuance of the certificate of occupancy ( "CO "). It is possible that this
• section will be amended in the near future to require that boundary plats be recorded prior to
building permit issuance.
The applicant, therefore, requests a waiver to record the boundary plat prior to the issuance of
the CO, in the event that the code is changed during the approval process for this PUD. It is
the applicant's intent to commence the platting process shortly, but as a precaution, we would
like to have the assurance that the boundary plat may be recorded prior to CO issuance.
Waiver No. 7 - Pavers
The code does not allow for unit pavers. The applicant would like to have colored concrete
pavers in the driveways, as shown on the proposed site plan. These pavers will be similar to the
existing pavers in Phase I.
Waiver No. 8 - Number of Flao Poles
Currently there exists four (4) flagpoles on the property. A maximum of three (3) poles are
allowed (Section 110 -2.b). The applicant requests that it be allowed to continue to have the
four flagpoles.
Y ' 6/ SMNGTH0fWEWS3632 /I5(PC011.DOC2AWMIMO.020000
10
0153
• CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
0
Date: April 10, 2000
Subject/Agenda Item: Council discussion considering the use of modular newsracks throughout
the City
Recommendation /Motion: If Council approves further action the newsrack ordinance will be
modified and brought forward for Council ratification
Reviewed by:
Originating Dept:
Costs: $ 54,000.00
Council Action:
Total
City Attorney NA
Code Enforcement Div.
( ] Approved
—k3_
$
[ ] Approved Naam«,5
Finance
Current FY
( ] Denied
ACM
Funding Source:
[ ] Continued to:
Advertised:
Human Res.
Date:
[ ] Operating
Attachments:
Other
Paper:
[ x ] Other. Budget for FY
00 -01
Photographs
Submitted by:
( x ] Not Required
D p t it Ctof
Affected parties
[ x ] Notified
Budget Acct #:
[ ] None
Approved by:
City Manager
[ ] Not required
BACKGROUND:
The City adopted its current newsrack ordinance in 1998. The purpose was to regulate and register newsracks
within the City limits, have vendors maintain the newsracks to acceptable standards and by doing so increase
the visual appearance of our City streets and easements where such newsracks are located.
Since adoption of this ordinance 31 newsracks have been red tagged and dozens removed for non - compliance
in terms of registration and renewal requirements. Code Enforcement Officer's conduct approximately 15
inspections on a monthly basis. In addition every time a newsrack is installed or replaced the Building Division
needs to conduct a safety inspection to insure it has been installed correctly in accordance with the Code- The
Finance Department does process registrations and collects fees as required.
Project Goal:
Installation of modular newsracks will increase the beauty of our streets and easements. These racks will
eliminate the unsightly appearance of numerous multicolored different sized racks in often poor repair. The
direction of this project upon Council endorsement will proceed at a fast but thorough pace to insure timely
• completion.
n 0, .0" 4
0
Project Description:
Through the means of modular newsracks the City will be able to maintain if not increase the visual appearance
of City streets and easements which are currently home to these numerous racks which have been previously
described.
The City would purchase the initial modular racks by means of a Request for Proposal [RFP]. Coin
mechanisms and associated mechanism maintenance for such .paid periodicals are to be the responsibility of
the vendor. The vendor would pay an annual registration fee of $75.00 for the usage of racks strategically
located throughout the City. The vendor would also maintain insurance and associated standards as adopted
by ordinance.
Installation of such racks would decrease inspection times on behalf of the Code Enforcement and Building
Divisions respectively. Code Enforcement would still conduct random inspections to insure compliance as well
as currently coordinate each rack replacement for a safety inspection and have to coordinate removal of
illegally placed racks with the Public Works Department. The Finance Department workload would slightly
decrease as only a registration per vendor rather than a registration per individual rack would be required.
Installation of these described modular racks would in total decrease man hours expended in the field on this
matter while increasing the visual aesthetic aspects of newsracks within the City.
Analysis:
Purchase of 30 [12] pocket modular racks @ $1800.00 per rack
Racks are to be placed strategically throughout the City per staff study and requirements
Columns containing 3 pockets each to add to rack are approximately $300.00 per
Proposed registration fee paid per vendor [ 6 vendors @ $75.00 per ]
Currently 56 racks registered at $10.00 per rack totals 560.00
Present associated approximate labor costs:
Code Enforcement inspections and investigative hours per annum
Inspection and investigative hours 70 hours @ $20.00 per hour $1400.00
Building Division safety inspections 28 hours @ $20.00 per hour $ 560.00
Gr.• kl �#
- $450.00
Public Works Department [ removal of unregistered, unsafe newsracks in addition to disposal, auction
Or other acceptable legal means of disposal]
26 hours @ $15.00 per hour $ 390.00
Finance Department, registration and renewal process
25 hours @ $15.00 per hour $ 375.00
[ Costs do not include vehicle operations ]
Approximate current cost to the City $2725.00
Current registration fees $560.00
Total current costs $3285.00
Project program approximate costs $54000A0
Deduct approximate current costs - 2725A0
!�
010—
)
Proposed registration fees -450.00
Total Cost to the City [ approximate ] $50825.00
This type project is not new to municipal government. Many other local Cities to include West Palm Beach,
Lake Worth and Delray Beach have or are already in the process of instituting such newsrack standards, which
have a positive effect on their respective cities.
Technology:
The Request for Proposal [ RFP ] would insure qualified vendors using acceptable materials would be
considered for this project. The use of composite plastic resins have yielded positive effects as those racks
composed of painted metal require far more maintenance. A sample of such material will be made available
to Council for review.
Coin mechanisms would be the property of the vendor as well as being installed and maintained by same.
Team / Resources
City work team to include the Code Enforcement Division, City Attorney with ancillary support from the Finance
Department and Building Department. Teams would examine the current rack locations and determine
suitability in conjunction with current development to include the new City Hall complex and future kiosk
location. The current ordinance would be amended as required by the guidelines of this project.
0 Council Discussion & Direction:
Upon review of this staff report, associated photographs attached and discussion the Council can further direct
staff to develop a project operational plan to include schedules, workshops and strategy sessions as required.
Enclosures: photographs
•
OJ() -
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: April 10, 2000
Subject/Agenda Item
Item for Council Discussion: Public Use of Community Rooms /Council Chambers
Recommendation /Motion:
Staff is requesting input on the proposed guidelines for use of City rooms by the public.
Reviewed by:
Originating Dept.:
Costs: $_NA
Council Action:
Total
City Attorney
Administration
[ ] Approved
Finance
$
[ ] Approved w /conditions
ACM
Current FY
[ ] Denied
Human Res.
Other
Funding Source:
[ ] Continued to:
Advertised: NA
Attachments:
Date:
[ ] Operating
Paper:
[ NA] Not Required
[ ] Other
I
Submitted by
Beth Ingold -Love
Affected parties
[ ] Notified
Budget Acct. #::
[ ] None
Approved by:
[ NA ] Not required
BACKGROUND:
City staff members from the departments of Administration, Parks & Recreation, Police and Finance
have examined the issue of the use of community rooms and the Council Chambers by the public
and outside groups. The attached memorandum provides the reasoning and recommendations for
the use of the rooms. Staff recommendations may be summarized as:
• Make available the Police Department's Community Room for public use.
• The Parks & Recreation Community Centers (Bums and Riverside) would be available for staff -
attended or City- sponsored meetings only.
• The Council Chambers would be available for Council meetings or large City- sponsored training
(no food or beverages to be served in this room).
• Staff would explore the possible exception to the above guideline: use of the Council Chambers
for educational seminars.
• Staff would explore an agreement with local schools for space for use by the Seniors Program
in summer months.
Staff is seeking input Council on the recommended guidelines for use of City rooms and Council
Chambers.
m
•
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Nabar Enrique Martinez, City Manager DATE: March 17, 2000
APPROVED: Beth Ingold -Love, Assistant to the City Manager
FROM: Ann Schilling, Public Information Specialist
SUBJECT: Use of meeting rooms
Issue
At the direction of the Assistant to the City Manager, Public Information and Citizen
Services convened a team of staff members to examine and make recommendations to
the City Council for the use of meeting rooms in City buildings. Committee members
included: Susan Miller, Director of Parks and Recreation, Holly Luzader, Assistant
Director of Finance, Lt. Bob Artola, Police Department and Debbie Andrea, Citizen
Services. Discussion was held on present room usage and our suggestions for guidelines
for future use.
Analysis
Currently, both community centers (Burns Road and Riverside) are utilized for only City -
sponsored meetings and events. Due to the vast recreational programs and special events
offered to our residents, the rooms at both community centers are very frequently in use.
There are numerous requests for room usage from outside organizations. However, with
limited space and time, it is not possible to accommodate these requests. Susan Miller
cautioned the committee that the damages and wear and tear on the buildings, plus
staffing problems make additional use of the centers not advisable.
The Police Department Community Room is available for Palm Beach Gardens
community groups including, but not limited, to HOAs. The room has kitchen facilities
adjoining it. Because the Police Department is always open, the staffing issue is not a
problem and the easy access from the outside make it most suitable. The room can seat
approximately 25 people and tables and chairs or up to 45 people with chairs only.
Officer Andy Spragg is responsible for scheduling the facility. It should be noted that
only Palm Beach Gardens groups or any non -profit organizations would be permitted to
use the room. Lt. Artola advised that the room would be reserved on a first come, first
serve basis. The committee recommended that additional guidelines be established for
the use of this room.
The committee is of the consensus that the new Council Chambers should be regarded as
a place of government and treated accordingly. The furnishings and carpet do not make it
conducive to social gatherings. It was our understanding that social events such as art
receptions would be conducted in the lobby area and, when finished, the outside plaza. It
C
is therefore most important that kitchen facilities be available to these areas. To allow
community groups to use the Chambers will cause a problem with staffing after hours
and more important, possible damage and wear and tear to the new room. Limited
staffing for clean up following events would also present a problem. The committee
believes it is imperative the Council Chambers remain the "showplace" that it is today.
The group also discussed the possibility of the PBG senior citizens utilizing the
Chambers in the summer months when the community center houses summer camp. The
group made the decision that such an option would not be feasible. There is no place to
store the 241 chairs that would need to be removed and replaced with suitable tables and
chairs. Furthermore, chairs and tables suitable for bingo would have to be purchased or
rented. When the tables and chairs were not in use there would be no storage available
for them. Realizing the need to provide year -long senior activities, the committee
suggested that staff investigate the possibility of utilizing one of the local schools as an
alternative site.
One exception to the use of the Chambers would be for City- sponsored training or
management seminars. For example, the City would permit a company such as Fred
Pryor Seminars to utilize the Chambers for a one -day seminar. In return, Fred Pryor
would waive the fee for City staff interested in attending plus pay a fee to the City for the
use of the room.
The group recommends that the lobby receptionist be responsible for maintaining the
schedule for the use of the Chambers, lobby and plaza area.
Summary of Recommendations:
The committee makes the following recommendations as guidelines for a City policy on
the usage of City rooms by outside groups:
• The Police Department Community Room would be available for use by PBG
community groups or any non - profit groups.
• The Parks and Recreation Community Centers (Burns and Riverside) would be
available for staff - attended meetings only.
• The Council Chambers would be available only for Council meetings or large City -
sponsored training. (Food and beverages would not be served in this room.)
• Staff would explore further one possible exception to the use of the Council
Chambers by private seminar or management companies.
• Staff would explore an agreement with local schools for space for use by the Seniors
Program in the summer months.
If you need additional information or would like the committee to implement the
suggested plan outlined above, please let me know.
0 042)
• CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
i
•
To be placed under City Attorney Report
Meeting Date: April 17, 2000
Date Prepared: April 6, 2000
SUBJECT /AGENDA ITEM:
Consideration of City Staff's determination that the Petition for Contraction filed by Thomas
J. Kesner and Shari L. Kessner be rejected.
RECOMMENDATION:
Ratification of City Attorney's Response dated February 25, 2000
Reviewed by:
Originating Dept:
Costs:
Council Action:
City Attorney L :
City Attorney
Not Applicable
[ ] Approved
Growth Mgt. "J
[ ] Approved with
conditions
Funding Source:
[ ] Denied
[ ] Continued to:
Submitted by:
Advertised:
City Attorney
Date:
Not applicable
Paper:
[ X] Not Required
Approved by:
Attachments:
City Manager
Affected parties:
Letter dated February 25,
2000
[ ] Notified
Petition for Contraction
Map
[ X] Not Required
F
M E M O R A N D U M
WATTERSON, HYLAND & KLEfT, P.A.
To: Hon. Mayor and City Council
From: Leonard G. Rubin, City Attorney CZ6
Subject: Ratification of Denial of Petition for Contraction
File No: 319.055
Date: April 6, 2000
This is a request for City Council ratification of City staffs determination that the
Petition for Contraction filed by Thomas J. Kesner and Shari L. Kesner be rejected. The
Kesners filed the Petition seeking to contract the City's boundaries to exclude the Vavrus
property, the Cordani tract, and the Municipal Golf Course property. The Kesners reside on
the Vavrus property.
Section 171.051, Florida Statutes, required that the City undertake a study of the
feasibility of the contraction proposal and, within six months, either proceed with the
enactment of an ordinance contracting the City's boundaries or reject the petition. The City
Attorney's office, in conjunction with the Growth Management Department, reviewed the
petition and determined that it should be rejected for a number of reasons:
• The Petitioners, as residents of the Vavrus tract, lack standing to petition for the
contraction of the Cordani tract, which consists of conservation land and is owned
by Palm Beach County, and the Municipal Golf Course, which is owned by the City.
• Even if the Petition sought contraction of the Vavrus property only, such contraction
would violate the applicable statutes because it would result in the Cordani tract
becoming noncontiguous with the municipal limits.
• Only properties which do not meet the criteria for annexation may be excluded from
a municipality. The Vavrus property, which was voluntarily annexed into the City,
meets the requirements for annexation set forth in section 171.043, Florida Statutes.
0 5
HON. MAYOR AND CITY COUNCIL
• PAGE 2
APRIL 6, 2000
Notwithstanding the legal deficiencies of the Petition, section 171.051, Florida
Statutes, requires either acceptance or rejection of the Petition by the governing body. To
assist in the Council's consideration of this matter, the properties at issue are depicted on
the map included in this packet. City staff recommends ratification of its decision to reject
the Petition, as set forth in the attached letter from Andrew Pineiro, Esquire, dated February
25, 2000. Should you have any additional questions, please do not hesitate to contact this
office.
cc: Nabar E. Martinez, City Manager
P: \CPWin \History\000306A \446.23(scw) (319.055)
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•
ANDREW A. PINEIRO
ATTORNEY AT LAW
0
WATTERSON, HYLAND & KLETT
P R O F E S S I O N A L A S S O C I A T 1 O N
February 25, 2000
Via Certified Mail Z 525 107 746
Return Receipt Requested
Richard V. Neill, Jr., Esq.
Neill, Griffin, et al.
311 South 2nd Street, Suite 200
Ft. Pierce, Florida 34950
Re: Kesners' Contraction Petition dated 10/21199
Dear Mr. Neill:
I am in receipt of and acknowledge your October 21, 1999, letter to Linda Kosier,
City Clerk of Palm Beach Gardens and the enclosed Petition for Contraction of the
Municipal Boundaries of Palm Beach Gardens, Florida, of Thomas J. Kesner and Shari L.
Kesner. Pursuant to § 171.051(2), Fla. Stat., as counsel for the City of Palm Beach
Gardens, we have undertaken a study of the feasibility of the Kesners' proposal and reject
said proposal for the reasons stated herein.
First, the Petition submitted by Thomas J. Kesner and Shari L. Kesner, as qualified
voters in an area desiring to be excluded from the municipal boundaries is defective on its
face. The Petition attempts to contract not only the Vavrus tract, but also the Cordani tract
and the City of Palm Beach Gardens Municipal Golf Course. Neither the owner of the
Cordani tract or the City on behalf of the City of Palm Beach Gardens Municipal Golf
Course have expressed a desire to be excluded from the municipality. The petitioners do
not have standing to request contraction of the Cordani tract and the City of the Palm
Beach Gardens Municipal Golf Course.
Second, if the Petition sought contraction of the Vavrus tract only, it would also be
defective. Contraction of the Vavrus tract would violate § 171.052, Fla. Stat., as it would
result in a portion of the municipality ( Cordani tract) becoming noncontiguous with the rest
of the municipality.
Third, § 171.052, Fla. Stat. states that "[o]nly those areas which do not meet the
criteria for annexation in § 171.043 may be proposed for exclusion . . . ." Section
171.043(1), Fla. Stat. states that the total area to be annexed must be contiguous to the
02U7
4100 RCA Boulevard - Palm Beach Gardens. FL 3i410 - Phone 561- 627 - 5(1(1(1 . F..c:m:l t41_437-5600
� f
Richard V. Neill, Jr., Esq.
• February 25, 2000
Page 2
municipality's boundaries at the time the annexation proceeding is begun. The Vavrus
tract is contiguous to the municipality's boundaries. Contrary to allegation four of the
Petition for Contraction, the Vavrus tract does meet the criteria for annexation set forth at
§ 171.043, Fla. Stat. Thus, the Petition for Contraction fails to meet the criteria set forth
in § 171.052.
For the foregoing reasons, the Kesners' Petition for Contraction is hereby denied
Ve yours,
Andrew A. Pineiro
cc: Nabar E. Martinez, City Manager
Kim Glas, Principal Planner
Leonard G. Rubin, Esquire
Preston J. Fields, Esquire
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I also wish to receive the
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❑ 1 andlor 2 for additional services.
ing services (for an extra fee):
ete items 3.4a, and 4b.
riM your name and address on the reverse of this forth so that we can return this
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LAW OFFICES
NEILL, GRIFFIN, JEFFRIES, FOWLER, TI ERNEY & NEILL
• CHARTERED r'-- •�-� T - r _.7
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311 SOUTH SECOND STREET .
SUITE 200
RICHARO V. NEILL FORT PIERCE, FLORIDA 349SO
CHESTER 0. GRIFFIN _ MAILING AOORESS:
MICHAEL JEFFRIES 1 y 'T'OFFICE BOX 1270
MICHAEL O. FOWLER FORT PIERCE, FL 34954
J. STEPHEN TIERNEY.1H October 21, 1999 ~TELEPF(IINE•(560 464 -6200
RICHARD V. NEILL. JR. FAX (S60 464 -2566
RENEE C. MARQUIS
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Linda Kosier
City Clerk of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Dear Ms. Kosier:
Enclosed please find the original Petition for Contraction
of the Municipal Boundaries of Palm Beach Gardens, Florida of
`•Thomas J. Kesner and -Shari L. Kesner. This petition is filed
• with you pursuant to §171.051(2), Fla. Stat.
By copy of this letter, I am providing a copy of the
Petition to Preston Fields, who is handling the litigation with
Mr. Vavrus on behalf of the City.
would appreciate notice of any meeting or hearing concerning
this request.
With best regards.
Yo,hrs ,ve�g/
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Richard V. Neil Jr.
RVNjr /mkl
Enclosur
CC: Pre e on Fields, Esquire (with enc.)
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•.
PETITION FOR CONTRACTION OF THE MUNICIPAL
BOUNDARIES OF PALM BEACH GARDENS,.FLORIDA
The undersigned, pursuant to §171.051(2), Fla. Stat.,
request the contraction of the municipal boundaries of Palm Beach
Gardens, Florida and would show:
1. They are qualified voters in an area desiring to be
excluded from the municipal boundaries.
2. They constitute the only qualified voters residing on
the property known as the "Vavrus /Cordani tract" which was
annexed into the municipality pursuant to Ordinance 6, 1991 which
was passed on second reading on March.21, 1991.
3. They request that the Vavrus /Cordani tract, as more
particularly described in said Ordinance and Exhibit "A" attached
• hereto, be excluded from the municipal boundaries of Palm Beach
Gardens, Florida.
4. As required by §171.052(1), Fla. Stat., the subject
property qualifies for exclusion because it does not meet the
criteria for annexation set forth at §171.043, Fla. Stat.
THOMAS J. SNER
12001 North Lake Blvd.
Palm Beach Gardens, FL 33412
SHARI L. KE8UER '
12001 North Lake Blvd.
Palm Beach Gardens, FL 33412
021:
EXHIBIT "A"
Vavrus /Cordani /Municipal Golf Course
THAT PORTION OF SECTION 28 AND THE EAST 1/2 OF SECTION 29, T41
R41E LYING SOUTHWESTERLY OF THE SEABOARD AIRLINE RAILROAD R /W, LE
CANAL C--18 R /W; TOGETHER WITH:
THE EAST 1/2 OF SECTION 32 AND.ALL OF SECTION 33, T41S, R41E, LE
CANAL C -18 R /W; TOGETHER WITH::'
ALL OF SECTIONS 4, 9, 10 AND-THE EAST 1/2 OF SECTIONS 5 AND
T42S, R41E, LESS CANAL C -18 R /W; TOGETHER WITH:
THOSE PORTIONS OF SECTIONS 15, 16 AND THE EAST 1/2 OF SECTION 3
LYING NORTH OF NORTHLAKE BOULEVARD, LESS THE S.E. 1/4 OF SECT)
16, T42S, R41E; TOGETHER WITH:
THAT PORTION OF THE WEST 1/2 OF SECTION 14, T42S, R41E LYING NOI
OF NORTHLAKE BOULEVARD, LESS THE FOLLOWING:
COMMENCE AT THE N.E. CORNER OF THE SAID WEST 1/2 OF SECTION
THENCE S03 028'56 "W ALONG THE EAST LINE OF THE WEST 1/2 FOR 1592,
FEET TO THE POINT OF BEGINNING; THENCE N89 044'06 "W, PARALLEL W:
THE NORTH LINE OF THE WEST 1/2 , -FOR 1351.88 FEET; THE?
S0503112111W FOR 3004.92 TO THE NORTH R/W OF NORTHLAKE BOULEVA)
THENCE ALONG SAID NORTH R /W, S87 020118 "E FOR 1456 FEET TO THE S:
EAST LINE OF THE WEST 1/2; THENCE ALONG SAID EAST LINE, NO3 °28'5,
FOR 3058.07' TO THE POINT OF BEGINNING.
TOGETHER WITH:
THAT PORTION OF THE WEST 1/2 OF THE EAST 1/2 OF SECTION 14, T4
R41E LYING NORTH OF NORTHLAKE BOULEVARD.
TOTAL AREA = 5.638 ACRES, MORE OR LESS.
Gerk of the C"
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Beach Gardens do hc(chy o7 the Ci
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MEMORANDUM
WATTERSON, HYLAND & KLET, P.A.
To: Mayor and City Council
From: Andrew A. Pineiro, City Attorney
Subject: Governmental Risk Insurance Trust
(Settlement of Claim of Lois Donaldson)
Date: April 10, 2000
The City insured its employees for workers' compensation coverage with the
Governmental Risk Insurance Trust (GRIT) for the 1994 -1995 fiscal year. GRIT is not a
standard insurance carrier; rather, GRIT is a group self insurance fund and is classified as
such under Florida law.
The claim of Lois Donaldson, a former City employee, arose during the time in which
the City was a member of GRIT. Once GRIT began to experience financial difficulties,
GRIT hired a claims handling company named The Zenith to administer all of its claims.
The Zenith, in turn, retained the law firm of Conroy, Simberg & Ganon to defend Ms.
Donaldson's claim. GRIT, through its handling company and attorneys, attempted to settle
the claim and reached a figure of $180,000. The City acquiesced to the "settlement in
principal" because it believed GRIT was responsible for payment. However, due to its
financial position, GRIT refused to finalize the settlement unless the City guaranteed
payment of the settlement amount.
While GRIT claimed that the City was required to guarantee the claim pursuant to
the Interlocal Agreement governing the relationship between the City and GRIT, the City
argued that the intent of the Agreement was to apportion risk among all of the members
of the pool and that GRIT was obligated to the pay the settlement. GRIT refused to pay
because it claimed it lacked sufficient resources, i.e., its liabilities greatly exceeded its cash
and investments. On March 17, 2000, before this issue could be resolved, GRIT filed for
Chapter 11 bankruptcy protection. As a result, GRIT is no longer making the court ordered
bi- weekly indemnity payments to Ms. Donaldson. These bi- weekly payments will continue
for the span of Ms. Donaldson's life unless a lump sum settlement is reached. In an effort
to speed up the pending settlement, the Ms. Donaldson's attorney threatened to bring
proceedings to enforce the order granting the indemnity payments.
Because GRIT is defined as a self- insurance fund (meaning that the City was
actually self- insured during the 1994 -1995 fiscal year if GRIT became insolvent), there is
a strong likelihood that the City will be held responsible forthe payments to Ms. Donaldson.
To that end, this office has retained Brian Huott, Esquire, a workers' compensation
specialist, to: (1) determine the value of Ms. Donaldson's claim, and (2) act as counsel for
-1-
f'
`f 1
• the City for all dealings with her attorney. After viewing Ms. Donaldson's file at Conroy,
Simberg & Ganon, Mr. Huott determined that $180,000 was a fair settlement. We have
attached a copy of Mr. Huott's letter for your review and consideration. In consultation with
City staff, we agree with Mr. Huott's determination and recommend settlement of the claim.
This office is still researching the issue of whether the City can seek indemnification
from GRIT during the course of the bankruptcy proceedings, and we are conferring with
a bankruptcy specialist to determine the City's indemnification rights. Should you have any
questions relative to the foregoing, please do not hesitate to contact this office.
P: \CPWin \HI STORY \000328A \F5C.OA(bh)(5)(319.087)
9
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0
DOUGLAS W. BARNES
JOHN R. BUCHHOLZ
R. DAVID DE ARMAS
LYNNE E. OENNELER
C. RICHARD FULMER. JR.
ESTHER E. GALICIA
CHARLES K. GEORGE
CHARLES MICHAEL HARTZ
MICHAEL H. IMBER
CRANE A. JOHNSTONE
DAVID V. KING
MITCHELL L. LUNDEEN
A. SCOTT LUNDEEN
MARIA A. SANTORO
LIANA C. SILSSY
CRAIG R. STEVENS
SCOTT ALSEE
GARY F. BAUMANN
JAMES B. BIRMINGHAM
PAUL C. BUCKLEY
LAW OFFICES
GEORGE, HA$TZ, LUNDEEN & FULME$
312 CLEMATIS STREET
ANTHONY BUILDING. SUITE 301
WEST PALM BEACH, FLORIDA 33401
TELEPHONE (561) 366 -9772
FAX (561) 366 -9763
PLEASE REPLY TO
WEST PALM BEACH OPPICE
April 6, 2000
VIA FACSIMILE & US MAIL - 627 -5600
Andrew A. Pineiro, Esquire
4100 RCA Blvd.
Palm Beach Gardens, FL 33410
RE: Claimant: Lois Donaldson
Employer: City of Palm Beach Gardens
Claim No.: 124 -36 -1532
D /A: 2/14/95
Our File No.: 20-427
Dear Mr. Piniero:
SEAN ANTHONY CLARKE
DANIEL D. DOLAN.II
KARIM M. ESPAT
NEAL C. FALK
MICHAEL L. GLASS
H. LAWRENCE HARDY
BRIAN J. HUOTT
MERRILEE A. JOKES
MICHAEL W. LEROY
JOEL ELIZABETH MARANO
STACEY Z. MARGULIES
JACK C. MORGAN 111
JASON S. ROBBINS
SUSAN BERNHARDT ROGERS
CHRISTOPHER W. ROYER
CESAR A. SASTRE
MELISSA A. SCHLUTOW
JACK R. SIMMONS
LOREN SONESEN
PETER K. SPILLIS
MISTY M. TAYLOR
KRISTIN H. WOOLAM
OF COUNSEL
ALBERT B. STIEGLITZ
This letter is written to confirm our recent analysis of the above captioned claim with
respect to settlement evaluation. As discussed, we have determined that the settlement
of the workers' compensation claim was fairly equitable judging by the negotiated
settlement of $180,000.00 inclusive of attorney's fees and costs. This figure was
negotiated between Lorie Moores of Conroy Simberg and Gannon, P.A. and Joe Vassallo,
Esquire, the claimant's attorney.
After working through some of the figures, it was decided that this 52 year old black
female had a life expectancy of 26.6 years which equates to1,383.2 weeks total life
expectancy. Therefore, using the rate at which The Zenith Insurance Company was
paying of $771.88 plus supplemental benefits of $115.80, we come to a total biweekly
figure of $887.68. This equates to a total exposure with respect to indemnity benefits of
$613,919.48 which when reduced to present value, the figure becomes $260,967.44.
As noted, this is simply the indemnity exposure which the employer /carrier would face with
respect to this claim. When determining the possible future medical exposure, we totaled
the medical expenditures since the claimant's date of accident and have come to an
approximate value of between $7,500 and $10,000 yearly in medical benefits C Al-
COFn_ TABLES OFFICE FORT LAUDERDALE OFFICE FORT 1.1 YERS OFFICE TALLAHASSEE OFFICE
TELEPHC-._ 13051662 -4800 TELEPHONF 19541462 -1620 TELEPHONE (9411337.7787 TELEPHONF /RS;( -))
ORLANOO OFFICE
T11 F nNE 14071 539 -070(
• Ar Andrew Piniero, Esquire
° April 6, 2000
Page 2
this figure should be multiplied by the claimant's life expectancy of 26.6 years. Using the
more conservative value, we come to a total of $199,500.00. It should be noted that in the
original yearly figure, we have assumed that the claimant would be successful in obtaining
aid and attendant care benefits. Obviously, this may also bring up issues with respect to
attorney's fees and costs being owed if that benefit is obtained by the claimant's counsel.
This figure is of course dependant on the number of hours the claimant's attorney has
expended along with his billable hourly rate. Without any doubt, the settlement of
$180,000.00 inclusive of fees and costs seems to be just in that the total exposure the
emp!o-yer /carrier would face with respect to indemnity and medical only, is significantly
higher than the settlement amount even when reduced to present value.
Having determined that the claim was valued at $180,000.00, we did attend a
conference at your law firm on April 5, 2000, where the City's finance director was also
present. At that conference, some of the issues discussed were the necessity for a public
hearing prior to paying the settlement, bankruptcy issues, and possible future exposure
which the City may face with respect to this workers' compensation claim. As discussed,
I was directed to offer the claimant's attorney payment of the indemnity benefits in an
• attempt to avert a Rule Nisi hearing in Circuit Court. Although in the long run, I feel that
the City may face exposure with respect to arguments such as estoppel and waiver if the
settlement is not executed. For example, it is possible that the claimant' attorney could
argue that since the City undertook payment of indemnity benefits now they must also
assume payment of medical benefits. Since these dollar amounts could be significantly
high over the claimants lifetime, it became even more apparent to those in attendance at
the conference that the settlement should go through on an expedited basis.
i
Having said that, I did have an opportunity to talk to Joe Vassallo, Esquire regarding
postponement of any Rule Nisi action in Circuit Court. During our conversation, Mr.
Vassallo indicated that if the City undertook payment of the claimant's indemnity, he would
not file a Ruie Nisi Petition. Furthermore, Mr. Vassailo has tentatively agreed to the
biweekly payment of $887.68 which includes supplemental benefits. I do expect that Mr.
Vassallo will be sending a correspondence confirming that dollar amount. In the
meantime, it is my understanding that the City will conduct a public hearing with respect
to payment of this settlement in this very serious claim on an expedited basis in an attempt
to avert certain exposure in the future with respect to payment of the claimant's permanent
total disability benefits and medical benefits which will most certainly be very costly.
Lastly, although my evaluation did not include an estimation of defense costs, the City
could expect those also to be relatively high given the fact that the claimant's attorney is
very aggressive and will most assuredly pursue each and every avenue available with
respect to this workers' compensation claim.
0 o z -1 c
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LAW OFFICES GEORGE. F ARTZ. LUNDEEN S. =ULti ER
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