HomeMy WebLinkAboutAgenda Council Agenda 050798V1. -4
REVISED: 5/7/98
All those wishing to address the City Council need to complete the necessary form (supply located in back
of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order.
CITY COUNCIL REGULAR MEETING
CITY OF PALM BEACH GARDENS
MAY 7, 1998
7:30 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL: Mayor Russo, Vice Mayor Furtado, Councilman Jablin, Councilman Clark
Councilman Sabatello
III. ANNOUNCEMENTS
Monday, May 11, 1998, 5:30 p.m., Art Advisory Committee
Monday, May 11, 1998, 7:30 p.m., N.A.M.A.C. Workshop, Juno Beach
Tuesday, May 12, 1998, 7:30 p.m., Planning & Zoning Commission
Wednesday, May 13, 1998, 7:30 p.m., Education Advisory Board
Tuesday, May 19, 1998, 7:00 p.m., Neighborhood Initiative Task Force
IV. CITY MANAGER REPORT
V. PRESENTATIONS
1. Proclamations to Members of Girl Scouts Cadette Troop #11
2. Proclamation to Sybil Michelson, Ms. Senior Florida
3. Certificate to John J. Sheetz for Achieving Eagle Scout Rank
4. Teamwork Awards
VI. AWARDING OF BIDS
1. Awarding of Asbestos Abatement Proposal.
2. Awarding of Contract for Roof Structure for Fire Department (Church).
VII. ITEMS BY MAYOR AND COUNCIL,
VIII. COMMENTS FROM THE PUBLIC (Please submit request card to Clerk prior to this Item)
IX. ,CONSENT AGENDA
1.
Approval of Minutes of 3/26/98 City Council Workshop.
2.
3.
Approval of Minutes of 4/2/98 City Council Regular Meeting.
Approval of Minutes of 4/16/98 City Council Regular Meeting."�`�—
4.
Proclaiming Sybil Michelson as "Ms. Senior Florida ".
5.
Proclaiming May 17 -23, 1998 as "National Public Works Week ".
6.
Resolution 38, 1998 - Consideration of Approval Providing for an Expression of Support by
the City Council for Immediate Constructionn of Pathways and Sidewalks at Four (4)
Locations within the City; Providing for Authorization to Apply for the Funds for Such
Construction.
7:
Resolution 39, 1998 - Consideration of Approval Supporting the Extension and Double -
Tracking of Tri -Rail and Urging the Florida Department of Transportation to Fund these
Efforts as a Priority Before the Funding of the High Speed Rail.
X. PUBLIC HEARINGS:
Ordinance 5, 1998 - Providing for Amendment of Section 78 -2 of the Code of Ordinances,
Entitled "Definitions ", by Amending the Definition of "Restaurant" and
by Adding a Definition of "Outdoor Seating "; Providing for Enactment of
Section 110 -44 of the Code of Ordinances, Entitled "Menu Boards ";
Providing for Amendment of Section 118 -44 of the Code of Ordinances,
Entitled "Administrative Amendments to Approved Development Plans ";
by Adding a Provision for Enactment of Section 118 -311 of the Code of
Ordinances, Entitled "Outdoor Seating" (Adv. 4/22/98; Consideration of
Second Reading and Adoption).
Ordinance 8, 1998 - Providing for an Amendment to Section 46 -33 of the City Code of
/J Ordinances entitled "Appointment and Terms of Office" to Increase the
X Term of Office of each Member of the Parks and Recreation Advisory
GId Board to Three Years; Providing for an Amendment to Section 46 -34 of
6'� the Code of Ordinances entitled "Duties" to hold Regular Meetings of the
Board every other month (Adv. 4/22/98; Consideration of Second
Reading and Adoption)
Ordinance 9, 1998 - Providing for Amendment of Section 106 -26 of the Code of Ordinances
entitled "Definitions" by Amending the Definition of Development;
Providing for Amendment of Section 106 -29 of the Code of Ordinances
af entitled "Fee Imposed on Developments"; Providing for Repeal of Section
106 -30 entitled "Eligible Projects" (Adv. 4/22/98; Consideration of
Second Reading and Adoption)
XI. RESOLVTIQN$:
Resolution 19, 1978 -
XII. ORD A S:
Ordinance 7, 1998 -
r;s �--
Ordinanc x, 1998 -
q-
Consideration of Approval of a Development Agreement Between the
City and Channing Corporation XXX for Property Known as "The
Commons ", Parcels 1, 2 and 3.
Providing for Amendment of Section 118 -38 of the Code of Ordinances,
Entitled "Submission of Application ", by Adding Provisions Regarding
the Concurrent Processing of Petitions (Consideration of First Reading).
Providing for Amendment of the Site Plan for the Planned Unit
Development Known as Steeplechase; Providing for Conditions of
Approval; Providing for Repeal of Resolution 80, 1996 (Consideration of
First Reading)
��� „,,, q XIII. ITEMS FOR COUNCIL ACTION
Q'iT "' "'__4 --0 `�—" 1. Lease, Purchase and Sale Contract re: District Park Site.
2. Authorization for City Manager to Negotiate and enter into a Design Build Contract for a
Tennis Center in an Amount not to exceed $1.1 million.
XIV. ITEMS FOR DISCUSSION
1. NAMAC Report
2. MacArthur Foundation Comments Re: Comp Plan
XV. CITY ATTORNEY REPORT
XVI. ADJOURNMENT -- //:.3 0/0 r>n
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations
to participate in this proceeding should contact James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (561) 775-
8255 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.
2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: April 24, 1998
Subject/Agenda Item: Bid - Asbestos Abatement [Fire Station #1]
Recommendation /Motion: Staff recommendation is to select the lowest bidder,
Simpson and Associates, Inc. to perform this service
Reviewed by:
Originating Dept.:
Costs: $ 9600.00
Council Action:
Total
City Attorney
Administration
[ ] Approved
Finance
$
[ ] Approved w/ conditions
Current FY
ACM
[ ] Denied
Advertised:
Human Res.
Funding Source:
[ ] Continued to:
Attachments:
Other:Constnxticm
Date:
[ ] Operating
Manager, O,N, &M. Inc_
Paper:
[ x ] Other - Construction
1 /Const. Mgrs. Report
Budget
2/Cost matrix
[ )Not Required
3 /Staff Report
tlmltted y:
Paul Friedman,
Affected parties
Budget Acct #::
Mgt. Administrator
[ x ] Notified
[ ] None
Approved by:
City Manager
[ ] Not required
BACKGROUND:
The City under the terms of the contract with Architects Design Group, Inc. was to perform an asbestos investigation prior
to demolition and or remodeling of existing structures affecting the construction of the new municipal complex.
This asbestos investigation was conducted by Gaudet and Associates with positive results. As a result of these
examinations all asbestos must be abated from structures prior to the onset of construction or demolition.
The Fire Department Station #1 is begin construction remodeling upon endorsement of a construction contract. The
abatement must be concluded prior to the start of construction.
Staff recommendation is to select the qualified lowest bidder, Simpson and Associates for abatement of asbestos to
Fire Station #1.
Memorandum
To: Bobbie Herakovich, City Manager
From: Pa}41 Fried�►an, abagement Administrator
Subject: Fire Station - #1 [Asbestos Abatement]
Re: Recommendation for award of bid
Date: April 24,1998
An RFP was prepared and advertised for the abatement of asbestos located at Fire Station # 1 as
a result of the examination for the presence of asbestos conducted by Gaudet and Associates, Inc.
This bid award is only for the abatement of the asbestos located at Fire Station #1. Additional
RFP's will be prepared prior to future abatements for other City structures.
All bidders participated in a pre bid meeting conducted by Jack Hanson and the Construction
Manager, Bill Mignogna. All bidders are qualified and the bids submitted are as follows:
Simpson & Associates $9,600.00
Enviorem, Inc. 10,803.63
Decon Environmental & Engineering 12,267.00
Sal's Abatement Corp. 13,890.00
Upon submission and review it was noticed that there was some technical irregularities with
Simpson &Associates bid submission. Information was clarified with the bidder by Bill
Mignogna, Construction Manager as to the understanding concerning the scope of the service to
be provided. This matter was also reviewed by the Finance Director, Kent Olson and same
advised that this technical irregularity did not preclude the bidder Simpson and Associates from
consideration.
It is the Construction Managers endorsement with Staff s concurrence that the bid be awarded to
the lowest bidder Simpson and Associates, Inc. to perform asbestos abatement procedures at Fire
Station #1 for the fee of $9600.00
cc: file /asbl
AWR -24 -98 FRI 2:31 PM 0, N & M, ENG, FAX N0, 561 471 0442 P. 1
O'DONNELLt NACCARATO & MIGNOGNAt INC.
April 24, 1998
Mr. Paul Friedman, Management Administrator
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33401
Re: Palm Beach Gardens Municipal Complex
Fire Station Asbestos Abatement
Project No.: 998.016
Dear Paul,
WILLIAM C. MIGNOGNA, P.E., PRESIDENT
DWAYNE R. JACKSON, P.E., ASSOCIATE
We have reviewed the four proposals for the Fire Station Abatement Project. The fee to
do the work ranges from $9,600.00 to $13,890.00. There are some irregularities or
technicalities that have occurred with the lowest bidder. Their corporate seal is not on the
proposal form in my possession, but supposedly, is on one of the other copies. The low
bidder did not provide the Addendum #1 which was supposed to be signed stating that
they understood that they needed to provide the unit prices for the two items noted, but
also that they must comply with items 2 and 3 on the addendum. They apparently have
signed and sent it to Gaudet Associates, Inc.
This therefore becomes a legal matter as to whether or not you can wave these
informalities or technicalities In order to determine which contractor can be awarded this
project.
If you agreed to waive these technicalities, we recommend awarding Simpson &
Associates the work.
Please feel free to contact me if you have any further questions regarding this matter.
Sincerely,
O'DONNELL, NACCARATO & MIGNOGNA, INC.
i
William C. Mignogna, P.E.
President
WCMIajc
Enclosure
1665 PALM BEACH LAKES BOULEVARD • SUITE 800 • WEST PALM BEACH, FL 33401 • 561 - 471 -5166 • FAX 561 - 471 -0442
PHRADELPHIA, PA • 215- 925 -3788
APR -24 -98 FRI 2:31 PM
0, N & M, ENG.
FAX 0. 561 471 0442
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CITY OF PAL_ M BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 4/27/98,
Fire Dept. metal roof frame storage facility
SubjectlAgenda Item
Award metal structure to Select Contracting Inc., for $19,101.00 (piggy back off
Recommendation/Motion:
current Town of Jupiter contract).
Reviewed by:
Originating Dept:
Costs: $ 19 ,101.00
Council Action:
Total
City Attorney
Public Works
[ ] Approved
Finance
$ 150.000
[ ] Approved w/mnditimu
Current FY
ACM
[ ] Denied
Advertised:
Human Res.
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[g] Operating
Paper.
[ ] Other,
Submitted by:
]Not Required
Bob Patty
Department Director
Affected panties
[ ] Notified
Budget Acct #::
01- 3000 - 539.6350
[ ] None
Approved by:
City Manager
] Not required
BACKGROUND:
I
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 334144698
TO: Greg Dunham, Assistant City Manager
FROM: Bob Patty, Director of Public Works
DATE: April 27, 1998
RE: Construction of a Metal Roof Frame Fire Storage Facility
To accommodate the storage needs of the Fire Department, Public Works has located a
metal roof structure that was publicly bid and is on contract with the Town of Jupiter.
The contractor (Select Contracting, Inc.) agreed to price out the same square foot price
of $8.49 that was bid on the Town of Jupiter's contract. Staff also contacted Ahrens Co.
for the identical structure and their bid was $1,073.00 higher than Select Contracting, Inc.
Attached are copies of the Select Contracting, Inc.'s proposal to the City and a copy of
the Jupiter contract. The Fire Department's metal structure would be 45' x 50' x 15',
clear or twenty two hundred and fifty square feet (2,250 sq. ft.), at $8.49 per sq. ft. at a
total cost of $19,101.00. Public Works budgeted for a similar structure at the Public
Works yard in this year's budget (Account # 01- 3000 - 539.6350). The structure can be
used by the Fire Department until their needs are satisfied and then moved to the Public
Works yard. (See memo to City Manager, dated March 30, 1998.)
At this time, I am recommending Council consider a motion to piggy back off the current
Town of Jupiter contract of $8.49 per square foot, and award the metal roof frame
structure to Select Contracting, Inc. for a sum not to exceed $19,101.00.
Should you have any questions regarding the attached information, please call me. I am
available to the Council, at the next available agenda, if there are any questions regarding
this proposal.
Cc: Bobby Herakovich, City Manager
file
CITY OF PALM BEACH GARDENS
10SOO N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 334144698
MEMORANDUM
TO: Bobbie Herakovich, City Manager Q
FROM: Bob Patty, Director of Public Works
SUBJECT: Fencing Purchase (Temporary Central Fire Station Relocation — Westminster Church Site)
DATE: March 30, 1998
The Public Works Department has budgeted $150,000.00 in account # 01- 3000 - 539.6350 for improvements and
renovations for the 1998 budget year. Public Works estimated spending $100,000 on a new crib facility, and
$50,000 for fencing and yard improvements. Included in the plans for the yard improvements is an overhang for
field equipment storage. At this time the Fire Department is in need of a shelter to house some of the apparatus from
Station 1 as well as a fenced in compound in order to secure the equipment from Public access at the Westminster
Church site, during remodeling of the Central Fire Station. These two items, the shelter and fencing are identical to
the budgeted Public Works improvements.
At this time, I feel it would best serve the City's need if the shelter and fencing were purchased out of the Public
Works budget, account # 01- 3000 - 539.6350, and be utilized by the Fire Department until the renovations at the
Central Fire Station are completed. These items could then be dismantled and relocated to the Public Works site and
reassembled as originally planned. This would only delay the completion of the Public Works compound
renovations by the length of time required to complete Fire Station # 1.
The Public Works Department is in the process of securing a State or Local bid for the shelter, but has been
unsuccessful to date in obtaining this information. The Department has secured a fencing price from Martin Fence
Company utilizing the Broward County contract T- 03- 97- 18 -12, copy attached.
I am recommending Council consider a motion to "piggy back" off of the Broward County fencing contract and hire
Martin Fence Company for the fencing required at the Westminster site. The requested amount is $13,714.79;
$8,945.75 for fencing & installation, $4,769.04 for two (2) automatic gates with electric operators & installation.
This material will be relocated and utilized at the Public Works Facility upon completion of the Central Fire Station
renovations. I will make myself available for the Council meeting to address any concerns. Should you have any
questions, please advise.
cc: Greg Dunham, Assistant City Manager
Jonathan Iles, Public Works Supervisor
File
Select Contracting, Inc.
General Contractor
PROPOSAL
HAND DELIVERED
April 24, 1998
City of Palm Beach Gardens
Department of Public Works
3704 Burnes Road
Palm Beach Gardens, Florida 33401
Attention: Mr. Robert Patty
Director of Public Works
Reference: Temporary Fire Station Facility
Pre - Engineered Metal Building
Palm Beach Gardens
Bid Date: April 8, 1998
Design Build
1751 West 10th Street
Riviera Beach, Florida 33404
(561) 844 -2764
FAX (561) 8443155
cccA 14M
Please review the enclosed cost comparison for two comparable metal building projects. One
is a completed project for Palm Beach County. The other is a project to be awarded by The
Town of Jupiter. The cost per square foot was higher for the Palm Beach County project, but
the cost for Jupiter more closely reflects current competitive pricing.
Select Contracting shall accept the lower cost of the two projects as a basis for this emergency
project for The City of Palm Beach Gardens.
We are pleased to provide our proposal for the Pre - Engineered Metal Building Roof Canopy
System portion for the above referenced project. Select Contracting, Inc. and the manufacturer
(Star Building Systems) meet all the requirements of the specification to perform the work for
this project
We shall furnish and install all material necessary to complete this project according to the
Plans and Specifications Section to be developed for the Project as discussed on April 6, 1998.
Our proposal is based upon providing the following material delivered to the jobsite and
installed:
Page 2 of 4
April 24, 1998
City of Palm Beach Gardens
SCOPE OF WORK:
DESIGN AND DRAWINGS:
As part of a design build proposal, Building plans for permitting and specifications shall be
developed by the design build team and approved by the owner prior to construction. Star
Building Systems shall provide calculations and drawings signed and sealed by a registered
Florida Engineer. Changes may be made in the scope of work or quality of material supplied.
Any resulting cost savings or increase in cost shall be approved by and passed on to the
owner.
Concrete design and drawings shall be provided by the City of Palm Beach Gardens and shall
be signed and sealed by a Registered Florida Engineer.
PRE - ENGINEERED METAL BUILDING SYSTEM: Provided by Star Building Systems, Inc
One (1) 45' -0" x 50' -0" x 15' -0" CLEAR, Star framing system, complete with Gear span
frames and roof purlins.
Roof Panel Twenty two hundred and fifty square feet (2,250 Sq. Ft.) Star 26 gage Dura Rib
Roof with a Galvalume Finish.
Wall Panel None. Walls are all open to remain open.
Trim Gable and eave flash. 26 gage. Color to be chosen from Star Standard Color
Chart.
Canopy One (1) 5' -0" Gable end Purlin extension Canopy.
EXCLUSIONS:
Building Permit Fees
Building, Road and/or Utility Impact Fees
Utility Connection Fees and /or Meter Fees or Deposits
Soil and Conucte Tests
Florida Power & Light Fees (if any)
Concrete footings and slab
Electrical systems
Plumbing systems
Building Insulation
CLARIFICATIONS:
Select shall provide anchor bolts to be installed by others. Select shall inspect and verify
anchor bolt layout prior to your concrete pour.
BUILDING CODE: All work shall be in accordance with the Standard Building Code 1994 with
Palm Beach County amendments.
Page 3 of 4
April 24, 1998
City of Palm Beach Gardens
COMMENCEMENT & COMPLETION:
The Building shall be ordered upon issuance of a contract and written Notice to Proceed.
Select shall not be responsible for loss of time due to Acts of God and matters beyond its
scope and control.
Anchor Bolt Setting Plans and Calculations can be provided within 10 working days from
receipt by Star of a clarified building order. Pre - engineered metal building shop drawings can
be submitted within four (4) weeks from the execution of a contract. The building shall be
delivered to the site within eight (7) weeks of contract date. The building shall be substantially
completed within Seventy (60) days after commencement
MODIFICATIONS: Modifications to work (Additions and Deletions) shall be made in writing and
shall be governed by the same terms and conditions as this Proposal. Fifteen percent (15°x6)
Overhead and Profit shall be applied to the direct cost of such additions.
GUARANTEE: The work is guaranteed from defects in workmanship and materials for one (1)
year from date of substantial completion.
INSURANCE: Select shall purchase and maintain General Liability and Worker's
Compensation insurance, which will protect him and the owner from Claims resulting from the
contracted operations under the Proposal. Select shall submit a Certificate of Insurance prior
to the commencement of any work contracted. Unless otherwise provided herein, the Owner
shall purchase and maintain property insurance (Builder's Risk) for the full value of the
Agreement.
CONSIDERATION: The Owner/Contractor shall pay Select NINETEEN THOUSAND, ONE
HUNDRED AND ONE AND NO /100 DOLLARS ($ 19,101.00 ) for performing the work in
accordance with the terms and conditions contained herein. 6% sales tax is included.
PERFORMANCE AND PAYMENT BOND: A Performance and Payment Bond is included in
this Proposal. Should a bond NOT be required, you may deduct 1.0% from our proposed cost.
PAYMENT TERMS: Payment shall be made as the work progresses in the following manner.
Progress payments for the work completed. Balance shall be invoiced on the 25'h day of the
month based upon percentage of work completed, payable within ten (10) days.
Page 4 of 4
April 24, 1998
City of Palm Beach Gardens
Select reserves the right to rescind this offer unless signed and returned within fifteen (15)
days. Upon acceptance of this proposal, a Standard AIA Owner /Contractor Agreement shall
be submitted for Owner's execution.
Very truly yours, FOR:
SELECT CONTRACTING, INC. By:
Title:
STEVE RUSH Date:
Marketing
Enc: Cost study for comparable projects.
Proposal - PBGrrEMP BUILDING15
FHE COST FOR THE PALM BEACH GARDENS FACILITY BASED UPON THE ABOVE
4DJUSTED SQUARE FOOT COST FOR A NEW 2250 SO FT BLDG
COST SO FT I COST SO FT I COST 2250 Sf
JUPITER PROJECT 8.491 1 19,10i
PALM BEACH COUNTY FLEET MGMT 1 1 11.941 26,8W
NOTES:
A ITHE JUPITER PROJECT IS TO BE AWARDED APRIL 22, 1998
SEE ATTACHED BID RESULTS INCLUDING BREAKDOWN FOR BUILDING AND SLAB
B ITHE PALM BEACH COUNTY PROJECT WAS COMPLETED JUNE 19, 1996
SEE ATTACHED AIA APPLICATION FOR PAYMENT WITH SCHEDULE OF VALUES
C ISELECT CONTRACTING SHALL ACCEPT THE LOWER OF THE TWO COST FOR THIS
PROJECT AS IT MORE CLOSELY REPRESENTS THE CURRENT COMPETITIVE
MARKETPLACE AND CURRENT STEEL PRICING.
04,'22,'98 14:44 FAX 7443116 TOWN OF JUPITER Z002
CONSENT
TC 4/21/98
Date:
' To:
From:
IIl.
TOWN OF JUPITER
]INTER-OFFICE MEMORANDUM
TOWN MA»G$R
ITEM #
1
April 7, 1998
The Honorable Mayor and Members of the Town Council
Lee R. Evert, Town Manager
AGENDA ITEM - A UTHORr7-A770N TO AWARD A CONTRACT FOR THE
CONSTRUCTION OF METAL STORAGE BUILDING AT Tom' PUBLIC
WOR xs hL4MENANCE FACILITY, TOWN OF JUPITER
CONTRACT EPW 98 -3
- - - -- - -- -- - - - - -- -------------- - - - - - -- ---- - - - - --
On April 2, 1998, sealed bids were opened for the construction of a metal storage building at the
Public Works Maintenance Facility (Fiscal Year 1997 -1998 capital project), Four bids were received
as shown on the Am—hed bid tabulation. I
The lowest crudified bidder, Select Contractno, Inc. submitted a bid in the amount of 528,900.00.
Reference checks for this contractor are sari-e&tory.
Accordingly, stafreconn*nends the award of Contract EPW 98 -3 to Select Contracting, Inc.' the
contract bid amount of 528,900.00.
LRE/BLS /nm
Attachment
9-TUBSVCtSrA.MWP5 )\AGES'DAWrAYMC`MURAGLBLD
Respectfully submitted,
Lee R. Evert
Town Manager
04/22/1998 11:52 561 - 844 -3155
FAX
TO: Jim Ballengee
Public Works Department
The City of Palm Beach
Gardens
Phone 775 -8274
Fan Phone 775 -8279
IM:
SELECT CONTRACTING
PAGE 01
I Date- „ „ April 22, _ 1998 .
' Numgvr of~8 In 1U*Q Cover sAset _6
FROM Steve Rush
SELECT CONTRACTING,
INC.
1751 West 10th Street
Riviera Beech, FI 33404
Phone
Fax Phone
561 -844 -2764
561- 844 -3155
REWRKS: Urgent ® For your review ❑ Reply ASAP ® Please Comment
Jim,
Please review the attached contract Between Select Contracting and the Town of Jupiter.
Please advise if you need further documentation.
Thanks,
Steve
G4/[C /1JJb 11:�z bbl- 844 -3155
04'22'88 10:24 FAX 7443116
April 22, 1998
W. Steve Rush
Select Contracting, Inc.
1751 Weet 1Qth Street
Riviera Bcach, fl 33418
Lake Worth, Florida 33461
SELECT CONTRACTING
TOWN OF JUPITER
Towle oF JUPITER
VIIA FAX & U.S- MALL
lam': NOTICE OFA1 AJW - CONTRACT EPW 98 -3
11lAI T1NANC4' FACT TTY STORAGE BUILAING
TOWN OFJUMEX, PALM SEA CH COUNTY
Dear !sir. Rush:
i
I am pieaud to advise you that your firm is the low qualified b' r for the referenced project a bid
arnount of TWEX71 Y EIGHT THOUSAND, NTNL- HUND
wn OLLARS (529,900-00).
This lctxer constitutes a notice that the To of Jupiter inter o execute a ooatraet with Select Cas� citing,
Inc. upon delivery of the followit►g within 15 days after eipt of this letter: I
L Three (3) executed copies of the contract. T a (3) copies are attached; one will be return I to you
after execution by the Town of Jupiter.
2. A Payment Bond and Performance Bond in accordance with Pamgrapb 6 of the General Conditions.
3. Worker's Compensation, Comprebptisive General Liability, Business Auto Liability, and $uildM
Risk insurance in eccc rdance witb'ParW sph 7, General Conditions, and in the amounts st pulated
in the SupplameaW Conditions of the contract spec0cations(Page 2). Please note that a Town
of Jupiter shall be included as an additional insured under the General Liability, Aut. mobile
Liability, and Builders Risk policies. !
A precoustrvction conference will be set up after the contract documents are fully
Sinc ly
F! a" , chattier,
Director of Eu&eerin & Public Works
BLS/run
C'PUSIVL�BTA/rW S 1 V'rounrkAwAAD wm
210 WiratyTraii * Juptter, Florida 33458 • Phone (561) 746 -5134 • Fax (561) 575 -7785
I
I
PAGE 02
® 001
04/22/1998 11:52
561 - 844 -3155
04,;Z/98 10:94 FAX 7443118
EPW 95-3
SELECT CONTRACTING
TOWN OF JUPITER
CON"T'RACT
BE'TWtEN THE
TOWN OF JL'PIT'ER
AND
SELECT CONTRACTLNG. INC.
PAGE 93
® 002
r
i
;f
k
THIS CONTRACT, made this day of _ . 19 , by and between
the Town of Jupiter, a public corporarion of the State of Florida, hereinafter designated as "tbe TOWN ".
and Select Contracting, Ire., 1751 West 10th Street, Riviera Beach, Florida, a Florida Corporation! FEID
Number 592003203 bereinaRer designated as "the CONTRACTOR".
14Trh''FF%SETH THAT; f
WHEREAS, the TOWN is a =uticipaiity and given those powers and responsibilities enumerated
by Chapter 166 Florida Statutes and the Florida Constitution: ttud i
I
WHEREAS, the TOWN is enTowered to enter into contractual arrangements with public miss,
private corporations or other persons, pursuant to Florida Statutes. and
WHEREAS, the TOWN desires the services of a qualified and experienced contractor to provide
construction services; and
WHEREAS, ft TO" solicited and received bids on April 2. 1999, for the Conats•ttet' of A
METAL STORAGE BUILDING AT THE TOWN OF JUPITER MAINTENANCE FACILTIY, ALM
BEACH COUNTY, FLORIDA: and f
W REREAS, the CONTRACTOR has responded to the TOWN'S solicitation algid the
CONTRACTOR Is qualified and willing to provide said servion; and i
V41WAS, the TOWN bas found the CONTRACTOR'S response to be acceptable and {st+ishes
to enter into a CONTRACT: and
s
WHEREAS, the TOWN has budgeted funds in its current fiscal year budget wbich are available
for the funding of this CON'T'RACT;
NOW, THEREFORE, the TOWN and the CONTRACTOR in consideration of the bi nefits
flow ng from each to the other do bereby agree as follows: '
i
I. STATLMLNT OF WORK
The CONTRACTOR shall furnish all equipment, tools, materials, labor and construction
documents necessary and shall perform the required work in accordatue with the Contract
i
r
1
i
04/22/1998 11:52 561 - 844 -3155 SELECT CONTRACTING
0442/96 10:24 FAX 7043116 TOWN OF JUPITER
Documents for Contract No. EPW 98 -3 entitled: "Construction of a Meal Storage Building at the
Town of Jupiter Maintenance Facility, Palm Beacb County, Florida." i
2. PERIOD OF PERFORMANCE
Unless extended or terminated, the period of performance of this CONTRACT shall commence
upon the effective date of the Notice to Proceed and continue for a period of 130 calendar dayi. The
CONTRACTOR sball not pro"�,�d with work under this CONTRACT until a Notice to Pro d is
received from the TOWN.
CON- MRRATION
The consideration, for the Hill and complete performance under this CO.TRACT, subjcEt only
w such additions and deductions as are agreed to by the parties in writing, shall be in an arnoaat not to
exceed 5213.900 -00
PAGE 04
®003
The consideration aerated above is based upon the aggregate contract pries submitted to t1x TPWN,
which aggregate amount is obtained from the s „r, —tion of the lump sum price bid item shown in the Bid
including the specific consideration required under Soction 725.06, Floridan Stattttes. By incl ' aucb
specific consideration in addition to other good and valuable conaidcratious, paid by the TOWN �ipt
of which is ackuowledgod by the CONTRACTOR, the partles Agree that they have complied th the
requireroeuts of Section 725.06, Florida Stances, if applicable, for the indranniticatioo agreetrtem in
paragraph 6 of the CONTRACT.
4. INCORPORATION OF DOCUMENTS
The Contract Documents listed below are incorporated herein by reference and shall become a part
of this CONTRACT as though physically anaclutd as a part hereof and all docwnews in this CON'T'RACT
shall be interpreted togetlier to yield the most consistent results to achieve the purpose of the project:
a) Specifications for Construction of a Metal Storage Building w the Town of liupiter
Maintenance Facility, Palm Beach County, Florida. r
i
b) Addenda tuppiamanting the documents Toning this CONTRACT as are referenced to it
and attached as a part of it
5. PAYMENT REOUESTS
If satisfactory progress is being made, the CONTRACTOR may request partial paymints on
monthly estimates, bused on the actual work done or completed, which request may be approved Led paid
by the TOWN. All pay requests shall reference the TOWN'S Cvu 4act Number.
6. 114DEMMFICATION
For $100.00 and other good and valuable consideration, the receipt Ltd sufficiency of °�`{{hick Is
hereby acknowledged as part of the firm payment for serrioe, the CONTRACTOR shalt pay, Urdlamttifj�
and save banaleas the TOWN; its agents, guests. invitees and employees, from all suits , actions, ei=im%,
04/22/1998 11:52 561 -844 -3155
04.29/98 10:24 FAX 744116
SELECT CONTRACTING PAGE 05
TOWN OF JUPITER 1D004
f
demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and
description to which the TOWN, its agents. guests. invitee=s, or employees may be subjected by reason of
personal injury, bodily injury including death or property damage, resulting from or growing out of any
intentional negligetu, or careless act or commission, omissiou, or consequential damage connected with
the CONTRACTOR. it Subcontractor. its agents, or employees, and committed in connection antic this
CONTRACT, CONTRACTOR'S performance hereof, or any work performed beretttuder.
CONTRACTOR #hall indemnify and save harmless the TOWN, its agent, or employees, from and ragainst
all claims, demands, actions, suits, dtt=ges, losses, expenses, costs, including attorney's fees and
Judgements of every triad and description arising from, based upon, or grown out of the violation: of any
federal, state, county or city law, by -law, ordirtartce or regulation by the CONTRACTOR, its sgcats,
trainees, invitees, servants or employees. The CONTRACTOR further acknowledges that it is. solely
responsible for ensuriaa the safety of the premises to protect its employees, subcontractors, invites,
licensees and all other persons during the course of the work, and agrees to hold and save the TOWN
harmless against all clal= involving alleged negligence by the TOWN in failing to adequately ensure the
safety of the premises or otberwise court compliance with the CONTRACT.
ai
The CONTRACTOR hereby warrants that he has not, during the bidding process, nor scull be.
during the term of this CONTRACT, offer to pay arty officer, employee or agent of the TOWN, aiiything
of value including, but not limited w gifts, loans, rewards, promises of future empleyment, favors or
services, based on the understanding that the actlons. decision or judgments of such officer, employee, or
agent would be influenced thereby. In the event of a breach of this provision, the TOWN may
this CONTRACT without liability and, at its sole discretion. deduct or otherwise recover the Ault amount
of such fee, commission, percentage. gift, or other consideration.
1�
The laws of the State of Florida shall govern all aspects of this CONTRACT. In the ev nt it is
necessary for either pasty to initiate legal action regardin¢ this CO NTRACT, venue shall be in the
Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any elakm
which are justifiable in federal court. i
9. CONTRACT AMRNDMFNTS
This contract may be amended only with the prior written approval of the parties.
10. ASSIGNMENT
The CONTRACTOR &hall not assign, delegate, or otherwise transfer its rights and obligations as
set forth in this CONTRACT without the prior written consent of the TOWN.
11. ATTORNEY FFFS
If either parry utilizes legal action, iactuding appeals. to enforce this CONTRACT, the pt ailing
party shall be entttled to recover its reasonable attorney's fees and costs.
4f
i
t
�4 / ="15 °8 11:5.- 561 -644-3155 =ELECT _fDJF4CTI,1G
04/22,94 10:24 FAX 7443116 TOWN OF JUPITER
RIESPR7, E.W.W
PAGE 06
®oos
The CONTRACTOR, its staployees, subcontractors or assigns, shall comply with all ap�'llcable
federal, state, and local laws and regulations relating ro the perfortnaztce of cWs CONTRACTI. The
TOWN undertakes no duty to muse such compliance, but will attempt to advise the CONTRACI"i'OR,
upon request as to such laws of which it has presets knowledge.
13. INDEPENDENT CONTRACTOR
Tae CONTRACTOR is an independent cantractor and is not an employee or agent of the TOWN.
Nothing is this CONTRACT shall be interpreted to establish any rclationebip other than 4 of an
independent contractor, between the TOWN AND THE CONTRACTOR, its employees, gents,
subcontractors, or assigns, during or after the perfonnaaae of this CONTRACT. The CONTRACTOR
is free to provkk slruilu serviras to others. !
This CONTRACT states the attire understanding between the parties and supersedes any ;written
or oral representations, suarnents, negotiations, or agreements to the contrary. The COA'TRA�TOR
recogaim that any repttsenudions, mammon or negottanoas trade by the TOWN staff do not suffice to
legally bind the TOWN in a contractual relationship unless they have been reduced to writing, approved
and signed by an autborized TOWN represeritstive. This CONTRACT, voce properly executed, shall
bind the parties, thaw assigns, and successors in interest.
IN WrrNESS WHEREOF, the parties bereto have set their hands and seals on the day, motuh and
year fist above written. +
TOWN OF JUPITER SELECT CONTRACTING, TNCC
_ t
Karen J. Golonka, Mayor P'rasxim% or equivalem desigrssted
of Select Contracting. Luc.
ATTEST: (including seal) ATTEST- (including seal) 7
ti
Sally M. Boylan, Town Clerk Authorized Select Contracting, Iric.
Representative
t
4
Rigid Frame (RF)
This design provides clear, unobstructed
working space. This makes the rigid frame
design ideal for showroom and recreational
uses, aircraft hangars, industrial ware-
houses and even country clubs.
Straight Column (SC)
The main advantage of the straight column
design is its ability to provide more work
space on the inside of the building. The
straight sidewall columns provide wide,
clear spans through flush - mounted girts.
Standard Sizes: 20', 25' and 30' bays
(all design loads)
Widths: 20, 30', 40', 50', 60', 70', 80',100'
and 120'
Eave Heights: 10',12',14',16; 20' and 25'
Standard Sizes: 20', 25' and 30' bays
(all design loads)
Widths: 20', 25, 30', 35, 40', 50', 60' and 70'
Eave Heights: 10',12',14',16' and 20'
CITY OF PALM BEACH GARDENS
CITY COUNCIL
WORKSHOP MEETING
MARCH 26, 1998
The March 26, 1998, Workshop Meeting of the City Council of the
City of Palm Beach Gardens, Florida, was called to order at 7:30 p.m.
by Mayor Joseph R. Russo in the City Council Chambers of the
Municipal Complex located at 10500 North Military Trail, Palm
Beach Gardens, Florida; and opened with the Pledge of Allegiance to
the Flag.
ROLL CALL The following elected officials were found to be in attendance: Mayor
Joseph R. Russo, Councilman David Clark, and Councilman Carl
Sabatello. Chairman Pro Tern Eric Jablin arrived at 7:39 p.m. Vice
Mayor Lauren W. Furtado was absent from the meeting.
CONSTRUCTION
MANAGER REPORT Construction Manager Bill Mignogna provided an update on the
Municipal Complex project, for which groundbreaking was scheduled
in early June and target date for completion was December 1999. Mr.
Mignogna reported that the budget was presently on target, and
estimated a possible $159,000 savings by taking advantage of items
for which the 6% sales tax would not apply. Mayor Russo expressed
concern that since the project would cost more than the original
estimate that it would go over budget. City Manager Herakovich
described changes that had been made which had increased building
costs. Mr. Mignogna described bid structuring which would contain
a cost breakdown for each building, so that decisions could be made
regarding whether some improvements needed to be delayed. Mr.
Mignogna reported that final drawings to produce the cost estimates
should be ready in approximately one week. Mayor Russo expressed
his opinion that if the project came in over the $19 million to be
received from the taxpayers, that only the parks should be
constructed. Mr. Mignogna explained that the parks were not a
separate project and that to realize the best economy and efficiency,
one general contractor should be used for the whole project.
Councilman Sabatello explained that the parks could be bid separately
to the lowest total responsible bidder and the City would have the
option of rebidding; however, there would be two general contractors.
Mayor Russo stressed that the ball fields must be started June 1 in
order to operate the baseball programs as scheduled. Management
Administrator Paul Friedman explained the contingency figures, and
advised that the cost of site work had been reduced by using a local
CITY COUNCIL WORKSHOP MEETING 3/26/98
ITEMS FOR DISCUSSION:
PAGE 2
civil engineer and because site irrigation needs had originally been
overestimated. The City Manager reported that this project had gone
before the Planning and Zoning Commission. Councilman Sabatello
suggested that the money collected for Art in Public Places should go
into the City Hall project and the fee allocated for art placed in the
contingency line, to which the City Manager responded that the City's
Ordinance could be revised to exempt the City from having to pay
itself the Art in Public Places fee. The City Manager commented that
plans would be 95% complete by Monday, March 30, ready for Mr.
Mignogna's review, and that the City was currently advertising to pre -
qualify subcontractors.
Councilman Clark requested two sets of figures: for the additional
cost of concurrently bidding the full project and for bidding the parks
separately. Mayor Russo and Councilman Clark requested that staff
obtain an opinion on whether or not the City could request a total bid
on the whole project and also a separate bid for only the parks.
FIRE DEPARTMENT
STATION UPDATE Management Administrator Paul Friedman reported that the church
was ready for occupancy and that Fire Department Administration and
Police Department Community Involvement Officers would move
there. Fire Suppression staff would then move from the east side to
the west side of the fire station. Mr. Friedman provided estimated
costs for this project, which had been previously allocated within this
fiscal year's budget.
LEGAL
REPRESENTATION David Acton, City Attorney, discussed the possible transition of
Attorney Carole Post to attend City Council meetings rather than
himself, and estimated that she was already doing 90 -95% of the
City's work, as well as attending Code Enforcement and Planning and
Zoning meetings. Mayor Russo expressed concern that Mr. Acton
would not be attending the Council meetings, since in his opinion Mr.
Acton was one of the best attorneys he had seen handle those
meetings. Councilman Clark requested more information on Attorney
Post's background. Attorney Acton explained that Attorney Post
would not do everything immediately, but that she might assume some
things he was now doing, and that the law firm intended to continue
this transition. Mayor Russo commented that he believed one
CITY COUNCIL WORKSHOP MEETING 3/26/98 PAGE 3
attorney should handle the City's work, and recommended that if this
transition occurred that the City look into the possibility of an in-
house attorney.
EMINENT DOMAIN City Manager Herakovich recommended that staff prepare a
resolution for City Council consideration to be placed on the next
agenda.
CHRIST FELLOWSHIP Growth Management Roxanne Manning reported the church had
violated code by adding 600 seats without proper permitting or
development approval and had been trying to come into compliance
since last summer. The church had submitted a petition for expansion
of the conditional use, which would require several public hearings
before the Planning and Zoning Commission and one hearing before
City Council. Ms. Manning explained that the new Planner II
Development Officer would review the list of additions on a petition
and would be responsible for making sure construction and occupancy
conditions were met. Following ensuing discussion regarding
occupancy inspections, Ms. Manning stated that staff would
formulate a plan to do regular checks for occupancy violations. The
City Manager stated she would bring up the issue at the next Seacoast
Utility meeting. In response to Councilman Clark's proposal that the
church be required to come before the City Council to explain their
position, Ms. Manning responded that she would write them a letter
stating that the City Council was very concerned and giving them a
date certain to come into compliance.
FIRE DEPARTMENT
CANINE PROGRAM
The City Manager explained that this agenda item was presented to
familiarize the City Council with the program and that it would be a
budget item. Mayor Russo requested Acting Fire Chief Pete Bergel
to provide the City Council with a report on a vision camera, to which
Acting Chief Bergel responded that several citizens had taken the
initiative to purchase a camera. Mayor Russo stated he expected to
see this item in next year's budget. Acting Chief Bergel reported on
the dogs' search and rescue program, and requested the City
Council's approval for the program, which would be also used in
schools in conjunction with the public education specialist. It was the
consensus of the City Council that the program was good and should
proceed. Mayor Russo requested an update on NAMAC detailing
benefits to the City. Acting Chief Bergel introduced Jules Bolton,
owner of a dog which would be used in the program, and a dog
handler for the program, who explained that another handler could be
CITY COUNCIL WORKSHOP MEETING 3/26/98
used.
PAGE 4
RELOCATION OF 800 MHZ
TOWER Commander Carr reviewed details of the project and reported that
relocation of the tower would provide a permanent solution for Palm
Beach Gardens police communications, releasing the City from
dependency on the County system. The City Manager reported that
Seacoast was working on an interlocal agreement to be considered by
their board. Commander Carr explained that if the County decided to
install a cell system in the future the City could utilize that or stay with
this system.
CITY MANAGER City Manager Herakovich announced that boards with upcoming
vacancies included Planning and Zoning Commission, Code
Enforcement, Parks and Recreation, and the Beautification and
Environmental Board. Consensus was to consider appointments at
the second City Council meeting in April.
The City Manager reported she had received a request from
Commissioner Karen Marcus to hold two additional flea markets on
the church property on April 25 and May 16 to benefit Palm Beach
Gardens High School Project Graduation.
City Manager Herakovich announced that five applicants for fire chief
would be interviewed on April 7 and staff recommended holding a
workshop meeting April 9 to review the final three candidates.
The City Manager distributed a letter which detailed interests that staff
would like addressed by FDOT for the PGA flyover project, including
landscaping plans, and announced that a presentation on this project
would be made to the City Council during April.
ADDITIONAL
MATTERS Chairman Sabatello apologized that he would not be able to attend the
next meeting. Chairman Sabatello questioned whether the City
Council agreed with Planning and Zoning Commission's
recommendation that two new office buildings in PGA National be no
higher than the Bascom Palmer building. The City Attorney explained
that it was legal to ask this type of question at a public meeting and to
report the answer to Planning and Zoning; however, cautioned that
direction must only be sought for specific projects and was not to be
considered as policy for all projects by the Planning and Zoning
Commission. It was the consensus of the City Council that the new
CITY COUNCIL WORKSHOP MEETING 3/26/98
PAGE 5
office buildings should be no higher than the Bascom Palmer building.
ADJOURNMENT Upon motion by Councilman Clark, seconded by Chairman Pro Tern
Jablin, the meeting was adjourned at 9:25 p.m.
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
CHAIRMAN PRO TEM ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
APRIL 2, 1998
The April 2, 1998, Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order at 7:30 p.m. by
Vice Mayor Lauren W. Furtado in the City Council Chambers of the
Municipal Complex located at 10500 North Military Trail, Palm
Beach Gardens, Florida; and opened with the Pledge of Allegiance to
the Flag.
ROLL CALL The following elected officials were found to be in attendance: Vice
Mayor Lauren W. Furtado, Chairman Pro Tem Eric Jablin, and
Councilman David Clark. Mayor Joseph Russo arrived at 8:15 p.m.
Councilman Carl Sabatello was absent from the meeting.
REORDERING OF
AGENDA Upon request by the applicant in regard to Resolution 19, 1998,
Councilman Clark made a motion to reorder the agenda to allow
Resolution 19, 1998 to be considered next on the agenda. Motion
was seconded by Chairman Pro Tem. Jablin, and unanimously carried
by vote of 3 -0.
RESOLUTION 19, 1998 Steve Mathison, attorney for Channing Corporation, requested that
the City Council postpone Resolution 19, 1998 to the May 7, 1998
City Council meeting. Mr. Mathison explained that the applicant
needed more time and had been working very diligently to answer
neighbor's questions and to include them in the project process.
Councilman Clark made a motion to postpone consideration of
Resolution 19, 1998 to approximately 7:30 p.m. on May 7, 1998. The
motion was seconded by Chairman Pro Tern Jablin, and unanimously
carried by vote of 3 -0.
ANNOUNCEMENTS Vice Mayor Furtado stated that announcements were as posted.
CITY MANAGER
REPORT City Manager Herakovich announced that Saturday, April 18, 1998
from 9:30 a.m. until noon was the Beautiful Palm Beaches Clean Up,
when residents and employees would be invited to assist in a City-
wide clean up. Meeting time was set for 8:30 at City Hall. Vice
Mayor Furtado requested that businesses be invited to participate.
City Manager Herakovich announced that the Florida League of Cities
CITY COUNCIL REGULAR MEETING 4/2/98
PRESENTATIONS
PGA/Alternate A 1 A
Flyover
AWARDING OF BIDS
PAGE 2
was accepting applications and registration for their annual conference
on August 13 -15 in Miami Beach.
Jeff Bowman, Reynolds, Smith & Hill, presented a status update on
the PGA flyover, and stated that the basic concept for the PGA
improvements of the intersection had not changed since the last
presentation to the City Council, and described the other major
improvements as a loop ramp in the southeast quadrant of the
interchange, and a direct connect flyover from south-bound Alternate
A 1 A to the south-bound I -95 ramp. Mr. Bowman explained that
major concerns of the City Council of traffic maintenance, length of
time to complete the project, and the amount of disruption to PGA
Boulevard were being considered, and that an attempt to improve
traffic would include shifting alignment to the south so the east -bound
roadway would be built on new soil. Mr. Bowman stated that the new
roadway addition, the loop ramp, and the direct connector flyover
would be built without disrupting the traffic flow on PGA Boulevard.
Patrick Glass, FDOT Project Manager, stated that he would discuss
the issue with FDOT. Mr. Bowman explained that the issue of
widening the bridge over I -95 had been entered into at the public
hearing, and would therefore have to be addressed.
Sidewalk Linkage Contract City Manager Herakovich reported that staff recommended
piggybacking onto Palm Beach County's sidewalk contract and to
award an amount not to exceed $40,000 to Wynn & Sons
Environmental Construction, Inc., to complete the sidewalks on Lilac
Street from Military Trail east to Plant Drive, and on Plant Drive from
Lilac south to Holly Drive. Councilman Clark made a motion to
accept the staff recommendation. Chairman Pro Tem. Jablin seconded
the motion, which carried by unanimous 3 -0 vote.
Bid for Fencing City Manager Herakovich reported that staff recommended
piggybacking onto the Palm Beach County School Board fencing
contract in the amount of $13,714.79 to be used at the Westminister
site. Councilman Clark made a motion to accept the staff
recommendation. Chairman Pro Tem Jablin seconded the motion,
which carried by unanimous 3 -0 vote.
CITY COUNCIL REGULAR MEETING 4/2/98 PAGE 3
ITEMS BY MAYOR
AND COUNCIL It was the consensus of the City Council to postpone this item until
later in the meeting.
COMMENTS FROM
THE PUBLIC
Linda Hughey, Reed Drive, referenced an article in the Palm Beach
Post about the Village Council of Royal Palm Beach conducting
background checks on volunteers, and questioned whether the City
had done this. Vice Mayor Furtado explained that the YAA had
conducted background checks and that anyone who volunteered for
a City program was subject to a background check, which cost the
City approximately $40,000 annually.
Sue Williams, 10873 Magnolia Street, expressed her concern
regarding enforcement of the code to prevent residents from placing
tree limbs at curbs before pick -up day, and recommended that a notice
be placed in the newsletter and that no warning be given. Bob Patty,
Public Works Director, advised Ms. Williams to call Public Works
when she saw limbs out before pick -up day. Ms. Williams questioned
the status of the Boat/RV ordinance, to which Growth Management
Director Roxanne Manning responded that the ordinance was
currently in effect.
Mayor Russo arrived at this point in the meeting, at 8:15 p.m.
CONSENT AGENDA Mayor Russo expressed his desire to honor the Eagle Scouts. It was
the consensus of the City Council to schedule the Girl Scouts to
attend the May City Council meeting to receive certificates.
Councilman Clark made a motion to approve the Consent Agenda as
submitted. Chairman Pro Tern Jablin seconded the motion, which
carried by unanimous 4 -0 vote. The following items were approved on
Consent Agenda:
1. Proclaiming April 5 -11, 1998 as "International Building Safety"
Week.
2. Proclaiming that Lindsay Curry has earned her Girl Scout Silver
Award.
3. Proclaiming that Leah Giordano has earned her Girl Scout Silver
Award.
4. Proclaiming that Monique Abrishami has earned her Girl Scout
Silver Award.
5. Proclaiming that Lindsey Erbrick has earned her Girl Scout Silver
Award.
CITY COUNCIL REGULAR MEETING 4/2/98
ORDINANCES
PAGE 4
6. Proclaiming that Megan Marron has earned her Girl Scout Silver
Award.
7. Proclaiming that Candice McArdle has earned her Girl Scout Silver
Award.
8. Proclaiming May 3 -9, 1998 as "Safe Drinking Water" Week.
9. Resolution 28, 1998 - Consideration of Approval to Oppose the
Proposal before the Constitutional Revision Commission regarding
Sovereign Immunity.
10. Resolution 30, 1998 - Consideration of Approval Supporting the
Metropolitan Planning Organization of Palm Beach County in its
Recommendation to Oppose House Bill 3313, House Bill 3583 and
Senate Bill 92, Which is a Proposed Amendment to the Eminent
Domain Laws.
ORDINANCE 19, 1998 Mayor Russo reported he had had a conversation with the City
Attorney regarding Ordinance 19, 1998 and that for him to vote for
this ordinance the petitioner would have to waive their legal rights as
far as suing the City over any procedural issues because of it being a
concurrent issue.
ORDINANCE 5, 1998 Growth Management Director Roxanne Manning presented highlights
of Ordinance 5, 1998 which would allow outdoor seating, and
discussed measures taken to reduce negative impacts. Ms. Manning
explained that changes had been made to accommodate stand -alone
restaurants. Ms. Manning reviewed changes in the Ordinance which
had been made in response to public comments. Ed Oliver, Oliver &
Glidden Architects, representing Frank Callander of River House
Restaurant, stated their concerns had essentially been met and clarified
that in an outdoor casual seating situation where food and drink was
not being served, but where people were enjoying the view before and
after dinner, that the casual seating would not increase the
restaurant's seating capacity. Other examples of types of seating and
ADA requirements were discussed.
Councilman Clark made a motion to place Ordinance 5, 1998 on first
reading by title only. Vice Mayor Furtado seconded the motion,
which carried by unanimous 4 -0 vote. The Deputy City Clerk read
Ordinance 5, 1998 by title only.
ITEMS FOR COUNCIL
ACTION
CITY COUNCIL REGULAR MEETING 4/2/98 PAGE 5
Vice Mayor Furtado Vice Mayor Furtado shared a letter from Code Enforcement to a
resident, stated she did not like the tone of the letter, and that the
resident had been trying to resolve the matter for a year. The Vice
Mayor stated that if the City could grandfather in recreational
vehicles, they could also grandfather commercial vehicles that did not
fit the code criteria. The City Manager reported the first letter sent
was friendly. Discussion ensued regarding variances. Linda Hughey
commented on inconsistency in code enforcement. After further
discussion, staff was directed to revisit the code regarding
grandfathering in commercial vehicles and to report back to the City
Council on the projected effect. In response to a question from Vice
Mayor Furtado, the City Manager explained that a report on the
Richard Road property would be given to the City Council at the end
of May.
Vice Mayor Furtado recommended the City work with Seagull
Industries to benefit residents who could not otherwise find jobs.
Chairman Pro Tern Jablin Chairman Pro Tern Jablin requested a legal opinion from the City
Attorney as to whether the Education Advisory Board, along with
other educational advisory boards, could sponsor a School Board
candidate forum for the upcoming election.
Mayor Russo Mayor Russo reported he had attended a Municipal League meeting,
and Riviera Beach was pursuing the fair share zip codes. Mayor
Russo commented that the Economic Advisory Group for North
County had met, and that the Deputy City Clerk would contact
members who had not been attending to encourage attendance. Vice
Mayor Furtado expressed concern that the economic development
groups were not targeting established businesses and that there was
a lot of miscommunication. Mayor Russo reported he had attended
the Gardens Presbyterian Church groundbreaking ceremony, and a
PBGHS vs. Dwyer High School baseball game where he threw the
first pitch. The Mayor stated the tennis courts would not be leaving
as reported in the Jupiter Courier. The Mayor reported that the parks
bid could not be separated from the rest of the Municipal Complex
project and still meet scheduled dates. Mayor Russo reported there
had been several break -ins into cars at parks, and the police planned
to launch an informational campaign to advise residents not to leave
items in view on car seats.
CITY COUNCIL REGULAR MEETING 4/2/98
PAGE 6
CITY ATTORNEY
REPORT Attorney Carole Post explained the legal aspects of bidding on the
Municipal Complex project, and that there was not enough time
before the bid date to restructure documents in order to bid items
separately. Attorney Post commented that if a successful low bidder
was over budget that the City had the power to negotiate without
going through the whole process of re- bidding.
ADJOURNMENT There being no further business to discuss, upon motion by Chairman
Pro Tern Jablin, seconded by Councilman David Clark, the meeting
was adjourned at 9:17 p.m.
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
CHAIRMAN PRO TEM ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
APRIL 16, 1998
The April 16, 1998, Regular Meeting of the City Council of the City
of Palm Beach Gardens, Florida, was called to order at 7:30 p.m. by
Vice Mayor Lauren W. Furtado in the City Council Chambers of the
Municipal Complex located at 10500 North Military Trail, Palm
Beach Gardens, Florida; and opened with the Pledge of Allegiance to
the Flag.
ROLL CALL The following elected officials were found to be in attendance:
Mayor Joseph Russo, Vice Mayor Lauren W. Furtado, Chairman Pro
Tern Eric Jablin, and Councilman Carl Sabatello. Councilman David
Clark arrived at 7:35 p.m.
CITY MANAGER
REPORT The City Manager reported that West Palm Beach had requested the
deed to the water catchment area for Jog Road be turned over to Palm
Beach County, and suggested communicating with West Palm Beach
that Palm Beach Gardens did not believe Jog Road would be
continued through an environmentally sensitive area. The City
Manager was requested to find out who made the request and why the
request was made.
The City Manager announced the annual Beautiful Palm Beaches
Cleanup on Saturday at 8 a.m. The City Manager announced a
Special City Council meeting for May 28, 1998 where contract
recommendations for the new municipal complex would be considered
for approval. The starting time for this meeting would be set after
bids were received.
The City Manager announced that Finance Director Kent Olson would
discuss unfunded mandates. Mr. Olson explained that two bills now
in the Senate, SB3735 and SB270, would mandate that all provisions
of Chapter 175 and 185 could apply to local law pension plans, and
would allow pension boards to consider how State funds could be
spent. Mr. Olson explained that the City's current plan had equal or
better benefits and that under these mandates the cost to the City
could be just under $400,000 annually. Vice Mayor Furtado made a
motion to authorize the Mayor to sign letters opposing these bills.
Motion was seconded by Chair Pro Tern Jablin and carried by
unanimous 5 -0 vote.
CITY COUNCIL REGULAR MEETING 4/16/98
PRESENTATIONS
PAGE 2
The City Manager announced that a issue before the Constitutional
Revision Committee would change a Park policy which would
increase the sovereign unity level for municipalities to $500,000. It
was the consensus of the City Council to direct the City Attorney to
draft a response in opposition of this proposed change.
1998 State Spring Games Brahm Dubin, Dubin & Associates, announced the first annual
membership tournament to be held May 9, 1998, and announced a
current total of 131 memberships, of which 85 were Palm Beach
Gardens residents. Mr. Dubin announced the 4th Annual Unified
Youth Sports Festival, which would be hosted by the Palm Beach
County Sports Commission. Mr. Dubin announced the State Spring
Games Florida Special Olympics on May 15, 1998.
1997 Audit Debra Dias, Partner, Haas, Dias & Company, announced that the
audit report consisted of an opinion letter, a letter regarding
compliance and manual control of finance, and a third letter stating the
City is not in a state of financial emergency and containing
management comments. Ms. Dias reviewed a brochure containing
revenues and expenditures for the past five years. During discussion,
Mayor Russo stated he wanted to be sure at budget time that expenses
did not exceed revenues. Councilmember Sabatello questioned certain
expenditures. Ms. Dias explained that money which had been
accumulating for several years was now being spent for projects. Vice
Mayor Furtado requested the Finance Director prepare a City Line
article to explain the budget. Ms. Dias stated the City's fiscal stability
was very sound.
BallenIsles City Council
Beautification Award Members of the BallenIsles Country Club Property Owners
Association were presented with the first 1998 residential
beautification award from the City of Palm Beach Gardens
Beautification and Environmental Committee for their community's
beautification efforts.
Mayor Wagner, Lake Park Mayor Will Wagner of Lake Park announced that Lake Park was
celebrating their 75th anniversary. Mayor Wagner invited all the
Council members to a joint workshop of all the councils who were
CITY COUNCIL REGULAR MEETING 4/16/98
AWARDING OF BIDS
PAGE 3
members of NAMAC at Juno Beach on May 11, 1998, to discuss a
north county central dispatch system, and encouraged representatives
to attend meetings, and expressed hope that the Council woud appoint
a representative and an alternate.
Equipment Purchase
for Parks Division City Manager Herakovich reported that staff recommended
piggybacking onto the Orange County School Board's contract for
equipment and to award an amount not to exceed $36,961.62 to
Turner Outdoor Equipment of Delray, to purchase two off -road utility
vehicles, a ball field machine, a self - propelled field painter, and a
tractor for park maintenance. Vice Mayor Furtado made a motion to
accept the staff recommendation. Chairman Pro Tern Jablin seconded
the motion, which carried by unanimous 5 -0 vote.
ITEMS BY MAYOR
AND COUNCIL It was the consensus of the City Council to postpone this item until
later in the meeting.
COMMENTS FROM
THE PUBLIC There were no comments from the public.
CONSENT AGENDA Councilman Clark made a motion to approve the Consent Agenda as
submitted. Vice Mayor Furtado seconded the motion, which carried
by unanimous 5 -0 vote.
RESOLUTIONS
RESOLUTION 32, 1998 Neil Lewis was proposed as a regular member of the Code
Enforcement Board, with term to expire March 5, 1999. Vice Mayor
Furtado made a motion to approve Resolution 32, 1998 with the name
of Neil Lewis inserted in the blank. Councilman Clark seconded the
motion, which carried by unanimous 5 -0 vote.
RESOLUTION 33, 1998 Ralph R. Pisani was proposed as a regular member of the Planning
and Zoning Commission, with term to expire February 1, 1999. Paul
Sabatello was proposed as an alternate member of the Planning and
Zoning Commission, with term to expire February 1, 1999. A poll of
the City Council indicated that all members were comfortable with the
recommendation of Paul Sabatello; however, indicated that his
CITY COUNCIL REGULAR MEETING 4/16/98
PAGE 4
appointment must be delayed until receipt of his resignation from the
Code Enforcement Board. Councilman Clark made a motion to
approve Resolution 33, 1998 with the name of Ralph R. Pisani
inserted in the blank. Chair Pro Tern Jablin seconded the motion,
which carried by unanimous 5 -0 vote. Chair Pro Tem Jablin made a
motion to reconsider Resolution 33, 1998. Councilman Clark
seconded the motion, which carried by unanimous 5 -0 vote.
Councilman Clark made a motion to approve Resolution 33, 1998
with the following amendments as recommended by the City Attorney:
changing the wording Two (2) Members to One (1) Member; deleting
Section 2; and renumbering Section 3 to Section 2. Chair Pro Tern
Jablin seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTION 34, 1998 Audrey Marton was proposed as a regular member of the
Beautification and Environmental Committee, with term to expire
March 21, 2001, to replace Donna Amado, who had resigned.
Councilman Clark made a motion to approve Resolution 34, 1998
with the name of Audrey Marton inserted in the blank. Vice Mayor
Furtado seconded the motion, which carried by unanimous 5 -0 vote.
RESOLUTION 35, 1998 Bruce W. Fletcher, Pam Didio, and Susie Kendall were proposed for
reappointment to the Parks and Recreation Advisory Board for two
year terms. Vice Mayor Furtado made a motion to approve
Resolution 35, 1998 with the names Bruce W. Fletcher, Pam Didio,
and Susie Kendall inserted in the blanks. Councilman Clark seconded
the motion, which carried by unanimous 5 -0 vote.
RESOLUTION 37, 1998 City Manager Herakovich described the process by which candidates
had been reviewed for the position of Fire Chief. Pete Bergel was
recommended as Fire Chief for the City of Palm Beach Gardens. The
City Manager listed the chosen candidate's qualifications.
Councilman Clark made a motion to approve Resolution 37, 1998
with the name of Peter Bergel inserted in the blanks. Vice Mayor
Furtado seconded the motion, which carried by unanimous 5 -0 vote.
Congratulations to Fire Chief Bergel were extended by Mayor Russo
and Vice Mayor Furtado. Fire Chief Bergel was sworn in by the
Deputy City Clerk.
ORDINANCE 7, 1998 Principal Planner Kim Glas proposed a new policy for concurrent
applications for development orders to be codified in the Land
Development Regulations. The new policy would place the decision
for concurrent processing in the hands of the Growth Management
CITY COUNCIL REGULAR MEETING 4/16/98
PAGE 5
Director. After concern was expressed regarding taking this decision
from the City Council, Growth Management Director Manning
recommended that the Growth Management staff be allowed to
review the criteria and make a recommendation to the City Council,
who would have responsibility for the final decision. Staff was
directed to make appropriate changes to the Ordinance and bring back
for first reading at the May 7, 1998 City Council meeting.
ORDINANCE 8, 1998 Vice Mayor Furtado made a motion to approve Ordinance 8, 1998 on
first reading by title only. Councilman Clark seconded the motion.
During discussion of the motion, Vice Mayor Furtado, Liaison to the
Parks & Recreation Board, explained the Board would now meet
every two months instead of quarterly and members' terms would be
extended from one year to two years. In response to Councilman
Sabatello's question regarding whether a board member could be
dropped from the board before expiration of a term, the City Manager
explained that generally if four meetings in a row were missed, the
member would be dropped. Boards were allowed to set different
attendance criteria if desired. Motion carried by unanimous 5 -0 vote.
The Deputy City Clerk read Ordinance 8, 1998 by title only on first
reading.
ORDINANCE 9, 1998 Growth Management Director Roxanne Manning explained that this
Ordinance would amend the zoning code to clarify the definition of
development, make sure that residential projects and City -owned
projects were not subject to the requirements of the Ordinance, clarify
the term fee, and delete a section on eligible projects because defining
the term development defined an eligible project. Language would be
added to Section 4: except the definition of development contained
in any other chapter of the City's code ordinances, as recommended
by the City's legal staff. Councilman Clark requested that the
Ordinance differentiate between residential houses and residential
developments and requested that the word Development be capitalized
in one section of the Ordinance. Councilman Clark made a motion to
approve Ordinance 9, 1998 on first reading by title only. Chair Pro
Tem. Jablin seconded the motion, which carried by unanimous 5 -0
vote. The Deputy City Clerk read Ordinance 9, 1998 by title only on
first reading.
CITY COUNCIL REGULAR MEETING 4/16/98
ITEMS FOR COUNCIL
ACTION
PAGE 6
Equestrian Ad -Hoc Task
Force It was the consensus of the City Council that Councilman Clark be
appointed as a regular member of the Equestrian Ad -Hoc Task Force,
with Chair Pro Tern Jablin as alternate. It was reported that the
meetings were usually held at 5 p.m. at the Palm Beach County
Government Center.
NAMAC It was the consensus of the City Council that Mayor Russo be
appointed as a regular member representing both Fire and Police, to
attend NAMAC meetings, with Chair Pro Tern Jablin as alternate
representing both Fire and Police. Chair Pro Tern Jablin planned to
attend the May 11 meeting. City Manager Herakovich reported that
the City's new computer system would allow NAMAC financial
reporting.
Municipal League Mayor Russo suggested that several voting alternates be appointed so
that someone from the City would always be in attendance and
someone would always be there to vote, and requested that this be
brought back in Resolution form.
Northlake Boulevard
Task Force Vice Mayor Furtado volunteered as City Council Liaison, and
Councilman Sabatello volunteered as alternate for Northlake
Boulevard Task Force.
City Sign After discussion of the proposed sign changes, it was the consensus
of the City Council to keep the current design. The City Manager
explained that as a condition of a development order, developers of
two upcoming projects would be providing funding for signs.
ITEMS BY MAYOR
AND CITY COUNCIL
Vice Mayor Furtado The Vice Mayor questioned whether the variance for a median cut on
Military Trail which was granted to Northmil in 1996 would be
granted today based on current traffic counts, and pointed out that
variances were not binding for more than six months. The City
Attorney stated he did not believe that was a legal question and that
CITY COUNCIL REGULAR MEETING 4/16/98 PAGE 8
ADJOURNMENT There being no further business to discuss, upon motion by Vice
Mayor Furtado, seconded by Councilman David Clark, the meeting
was adjourned at 9:30 p.m.
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
CHAIRMAN PRO TEM ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST:
CINDY HARVEY, DEPUTY CITY CLERK
PROCLAMATION
WHEREAS, the Ms. Senior America Pageant, the first and foremost pageant to
emphasize and give honor to women who have reached the "Age of Elegance ", have selected
Sybil Michelson of Palm Beach Gardens, as Ms. Senior America, State of Florida;
WHEREAS, this selection was made based upon interviews and auditions of
candidates throughout Florida who have reached the age of 60 years, who possess the
requisite grace, beauty, talent and elegance; and
WHEREAS, Ms. Sybil Michelson will on May 21, 1998 be presented with her crown
and sash in recognition of her selection.
NOW, THEREFORE, I, Mayor Joseph R. Russo and the City Council of the City of
Palm Beach Gardens, Florida, do hereby extend congratulations and best wishes to:
"MS. SENIOR FLORIDA SYBIL MICHELSON"
who will represent the State of Florida in the National Pageant to be held August 21 and 22,
1998 in Biloxi, Mississippi.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal
of the City of Palm Beach Gardens, Florida, to be affixed this 7th day of May in the Year
of Our Lord, Nineteen Hundred and Ninety Eight.
Joseph R. Russo, Mayor
ATTEST:
Linda V. Kosier, City Clerk
n N U
e:
R P
Sheldon (Shelley) Weiss
Director
Faye Weiss
Co- Director
Senior America, Inc.
State of Florida
Office of Mayor
Palm Beach Gardens City Hall
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attention: Mayor Ri »n
Honorable Sir:
21 St. James Drive
Palm Beach Gardens, FL 33418
(561) 622 -2159
Fax (561) 624 -2777
I am pleased to inform you that Palm Beach Garden resident Sybil Michelson has been selected
Ms. Senior Florida and as such will represent the State of Florida m the Ms. Senior America
Pageant this August in Biloxi, Mississippi.
Sybil is the first "East Coast" Florida Queen in many years. The State of Florida is so
representative of Seniors and to have a Palm Beach County resident selected for tide "Age of
Elegance and Achievement " award should make us particularly proud.
I am inviting you or your designate to participate in the coronation of our Queen. We hope that a
"Proclamation" be declared to commemorate the event. The event will be held at Ballen Isles
Country Club cn Thursday May 21 °,1 8.
Awaiting V4ir_adrr ce,
A
Sheldon M. Weiss
Director Senior Ameri State of Florida
v
PROCLAMATION
WHEREAS, public works services provided in our community are an integral part of
our citizens' everyday lives;
WHEREAS, the support of an understanding and informed citizenry is vital to the
efficient operation of public works systems and programs such as water, sewers, streets and
highways, public buildings, and solid waste collections;
WHEREAS, the health, safety and comfort of this community greatly depends on these
facilities and services;
WHEREAS, the quality and effectiveness of these facilities, as well as their planning,
design, and construction is vitally dependent upon the efforts and skill of public works
officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public
works departments is materially influenced by the people's attitude and understanding of the
importance of the work they perform.
NOW, THEREFORE, 1, Joseph R. Russo, Mayor of the City of Palm Beach Gardens,
Florida, do hereby proclaim the week of May 17 -23, 1998 as:
"NATIONAL PUBLIC WORKS WEER"
in the City of Palm Beach Gardens, and call upon all citizens and civic organizations to
acquaint themselves with the issues involved in providing our public works and to recognize
the contributions which public works officials make every day to our health, safety, comfort,
and quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal
of the City of Palm Beach Gardens, Florida, to be affixed this 7th day of May in the Year
of Our Lord, Nineteen Hundred and Ninety Eight.
Joseph R. Russo, Mayor
ATTEST:
Linda V. Kosier, City Clerk
O*V*E*R*V*I*E*W
MAY 17 -23, -1998
resident John E Kennedy proclaimed National Public Works Week as an annual
reminder of the many ways public works contributes to our quality of life. For many
years, public works professionals across North America have applauded and shared the
accomplishments of those in their profession. During this week -long celebration, professionals.
take part in events and activities that increase public awareness of —and appreciation for--he
public works profession.
This Project Planner will help you make your community aware that the public works' role in
their quality of life is something to celebrate! Use the planner as the foundation from which to
launch a celebration that involves your organi7ntion, your community and your schools. The
planner contains the following sections:
This section, Overview, explains the origin of National Public Works Week, briefly
describes the contents of the Project Planner, suggests a committee structure and offers a sample
planning calendar.
Primer provides an executive summary of a six-step method to plan an effective celebration of
National Public Works Week Using the Primer will streamline the planning process, enabling you
to devote more time to the creative endeavor that will make your celebration unique and enjoyable
for everyone.
Events provides a variety of suggested events that will generate interest in public works.
Promotions will help you develop a strategy to attract attention to your events. Sample media
releases, public service announcements, a camera -ready logo sheet and a sample city proclamation
are included.
Education suggests ways to educate students of all ages about public works and the wide range of
career opportunities m the profession. Although the focus is on National Public Works Week, the
information will help you build a partnership with community schools that strengthens throughout
the year.
Also in the Project Planner.
• Complimentary stationery for correspondence to government officials, media releases
and announcements.
• An order form for the National Public Works Week commemorative poster.
• A National Public Works Week Activity Report to record your successful events, so APWA
can share your ideas.
• AMERICAN PUBLIC WORKS ASSOCIATION
E*0* U
MAY 17 -239 1998
urpose: To describe three educational programs, each developed for a specific
age group, and provide a calendar for each program.
Helping students to know and understand the world of public works is one of the highlights
of National Public Works Week. A successful educational program requires intense planning
and follow -up. Your Education Committee may want to establish a committee for each
program it implements.
The Education Committee should first decide how to approach a community -wide education
program by reviewing the organization's goals and objectives for National Public Works Week-
Then the committee can determine whether to work with one district, with only one grade level
but in all districts, or some combination in line with the objectives of the celebration.
Three programs are described, and a suggested calendar is included. There is one program for
elementary students, one for middle school students and one for high school students.
Elementary School
T Shirt Design Contest
A T Shirt Design Contest encourages students to be creative while they learn about public works.
Design subjects include parks and. recreation, recycling, road repair and street cleaning. Print the
winning design on T-shirts and distribute T-shirts to students and members of the organization to
wear during National Public Works Week.
One Week After the Equipment Show and Tell
• Send thank -you letters to school officials and teachers. Remind them to send back
evaluation form.
• Send thank -you letters to the media for any coverage.
• Thank all guides.
• Thank participating public works divisions.
S0001--ACIMMI 't tor:
�;—;c :. .a3'F`•° aC• =.�5;: ,'_ 3i'- '^;%�itis =::i ,•.�xi � �; C.!.�.� �-L �' •�: - _ .. ^ �^ — �a:.�s. -. �`6� -=�J � _ ^.. •5..e
3en for H i h - School Shadow Da
g _ ._ y
k Shadow Day enables a high school student to experience a workday in the life of the
iublic works professional who performs a job of interest to the student In the process,
- tudents learn that public works services employ a variety of professionals, technicians
:nd administrators whahave been schooled and trained in a variety-of fields.
-alendar _
Three Months Before
• Meet as a committee to begin planning phase.
• Determine how to identify professionals who would be interested in having a student
shadow them during their workday.
• Select volunteers who will easily develop a rapport with the students..
+ Make sure volunteers know what is expected of thern_They should, for example,
provide hunch to the student.
• Arrange . for a few alternates should a scheduling conflict arise...
• Compile a database of volunteers: `
• Determine the number of students the program can handle.
• Send a letter. describing Shadow Day to the school or district administrator.
• Follow up with a phone call.
.q
Notes:'
Middle 56001 - Mid . t
Eqqu�P &le,t!
.
Florida Celebrates Public Works Week
his year marked the
102nd anniversary of
National Public Works
Week which was held May 19-
25, 1996. Men and women
who have worked to improve
the quality of life of our citi-
zens for over a century shared
in the celebration and helped
make others aware of the pro-
fessionalism and dedication in
the public works profession.
The Public Works Week Co-
Chairmen, Jon Crull and Zully
Williams mailed out approxi-
mately 100 letters regarding
National Public Works Week
to City and County Public
Works Directors. There were a
total of 26 proclamations of
National Public Works Week
received by the Committee.
Thanks to the following cities
that sent proclamations:
City of Atlantic Beach
City of Coral Gables
City of Coral Springs
City of Crystal River
City of Daytona Beach
City of DeLand
City of Fort Myers
City of Fort Walton Beach
City of Greenacres
City of Hollywood
City of Lady Lake
City of Lake Wales
City of Lauderhill
City of Leesburg
City of Maitland
City of Miami Springs
City of New Smyrna Beach
City of North Miami Beach
City of Ormond Beach
City of Ponce Inlet
City of Rockledge
City of Sarasota
City of Sebring
City of South Daytona
City of St. Augustine Beach
City of Volusia
City of Wilton Manors
State of Florida
The Committee displayed
use attractive proclamations
and photographs at the APWA
booth during the 1996 Annual
Meeting at the Exhibit Hall in
Orlando.
The City of Hollywood
Public Works Department
combined their Open House
30 aluminum cans raised
funds for next year's open
house.
The City of North Miami
Beach Public Works Director,
Kelvin Baker held a week of
Zully Willimns and John Crua Public Works Week Co- Chairmen, ar the
APWA State Convention.
with Arbor Day and Earth
Day activities at Rotary Park
in Hollywood for their com-
munity. Gre; Turek, Public
Works Director, said that this
turned out to be the best way
to hold an Open House. The
activities were organized by
Lori Mertens, of the Recy-
cling Division for the Depart-
0
ment. The public works
activities for children included
an arbor day ceremony, a ar-
bor day skit during which chil-
dren spoke about why they
should recycle; and a "Recy-
cled Art' contest for students
with prizes. Disabled children
who worked in the nursery re-
ceived arbor day certificates.
Public works employees con-
structed park benches, and dis-
played native and draught
resistant plants. The Xeriscape
display, which included a toss-
ing game, won the display con-
test hands down. The turnout
was spectacular. The commis-
sioners were all very suppor-
tive. Residents who brought
seminars on energy conserva-
tion, landscape management
and stormwater projects. He
gave an overview of the de-
partment and each division su-
pervisor discussed their duties
and the various projects being
done. Notice of the "Kick
Off' on May 20, 1996 was put
into the Neighbors Section of
the Miami Herald and the
seminars were held during Na-
tional Public Works Week.
The City of Lakeland had a
Public Works Display at the
center court of the Lakeland
Square Mall. Larry Carroll,
Don Slimmerford and many
fine employees from the Pub-
lic Works Department chose
to educate the community
about their activities and re-
sponsibilities. The divisions
constructed and assembled the
displays which included Con-
struction, Maintenance and
Lakes, Wastewater, Solid
Waste, Traffic Operations, Fa-
cilities Maintenance, Parking
Garages and Engineering. Raf-
Pi ap 7
fles, give -a -ways and demon-
strations were held. It is esti-
mated that thousands of Polk
County citizens had the oppor-
Witty to learn more about pub -
lic works.
The City of Fort Walton
Beach celebrated National
Public Works Week on Satur-
day, May 18, 1996. Their big
event was a Truck Rodeo and
static display of equipment.
Equipment displayed included
motor graders, backhoes
sewer cleaning devices, TV
trucks, garbage trucks and
lawnmowers. The display area
was at a local high school.
The rhiTdren climhed all over
tractors and received coloring
books and balloons. Residents
were invited through a news-
paper advertisement and the
City received a fair amount of
participation. Employees
manned each area and also
drove garbage trucks through
obstacle courses. Cash prizes
were given to the best driver
of a "big" truck. The drivers
were just as flashy as their
names. A "Celebrity Division"
of the Truck Rodeo was cre-
ated for the women. They re-
ally got into it and had a lot of
fun!" This division dressed up
in celebrity truck driving cos-
tumes with names like "Ne-
braska Flash,,, "Monster
Mama" and "Cu- Clutch
Katee ".'The ladies wore T-
shirts that were airbniehed
with trucks and names and
some wore jump suits and
football helmets.
Rita Jones organized the ro-
deo and static display and did
a great job with the cash and
door prizes. The Public Works
Department also had a Bar -B-
Q for employees with hot
dogs and hamburgers for eve-
ryone that participated. Jon
Crull and Zully Williams
thank you all for your support
during the year. o
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: May 7, 1998
Subject/Agenda Item:
FY2003/04 ISTEA projects
Recommendation /Motion:
Staff recommends approval of the resolution which supports four grant applications which
have been submitted to the MPO for consideration.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
Total
City Attorney
Planning Division
[ ] Approved
ACM
$ 0
[ ] Approved w /conditions
Current FY
Other N/A
[ ] Denied
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ x I Not Required
[ ] Other N/A
Resolution 38, 1998
Submittedby:
Gro gAffected
parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ x ] Not required
BACKGROUND:
Staff has prepared four applications for the new fifth year of ISTEA funding. If approved,
these projects will be funded in FY2003/04. The four applications include: resubmittal of
last year's Burns Road sidewalk, the Johnson Dairy Road sidewalk which has been
eliminated from the municipal complex project, the Municipal Complex paver axis /formal
open space which has been bid as an 'optional' element of the construction plans, and a
sidewalk along Dogwood Avenue which was a late recommendation of the Neighborhood
Initiative Task Force. (These grants require no City match.)
A letter of support from the project sponsor is an item to be included in the application
packets which were submitted May 1 St.
April 14, 1998
RESOLUTION 38, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA,
PROVIDING FOR AN EXPRESSION OF SUPPORT BY
THE CITY COUNCIL FOR IMMEDIATE
CONSTRUCTION OF PATHWAYS AND SIDEWALKS
AT FOUR (4) LOCATIONS WITHIN THE CITY;
PROVIDING FOR AUTHORIZATION TO APPLY FOR
THE FUNDS FOR SUCH CONSTRUCTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens desires to construct a sidewalk facility
along Johnson Dairy Road;
WHEREAS, the City aspires to provide a pathway and formal open space at the new
municipal complex;
WHEREAS, the City desires to continue the sidewalk along Burns Road between
Prosperity Farms Road and Gardens East Drive; and
WHEREAS, the City wishes to complete the sidewalk system along Dogwood Avenue
between Holly Drive and Lighthouse Drive.
WHEREAS, funding to accomplish these projects may be available through the
Intermodal Surface Transportation Efficiency Act.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens supports the immediate
construction of four sidewalk/pathway projects including:
1. A sidewalk on the south side of Johnson Dairy Road;
2. A pathway and formal open space at the new municipal complex;
3. A sidewalk on the north side of Burns Road between Prosperity Farms Road and
Gardens East Drive;
4. A sidewalk on the east side of Dogwood Avenue.
Section 2. The City Council authorizes City staff to apply for Transportation
Enhancement Program funds through the Metropolitan Planning Organization of Palm Beach
County for the implementation of this project.
Section 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS 7th DAY OF May , 1998.
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
BY:
VOTE:
COUNCILMEMBER RUSSO
COUNCILMEMBER FURTADO
COUNCILMEMBER JABLIN
COUNCILMEMBER CLARK
COUNCILMEMBER SABATELLO
Resolution 38, 1998
Page 2
MAYOR
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
AYE NAY ABSENT
CITY ATTORNEY
04/14/1996 15 ;18 4077751014 PEG PL.A`INING ZONING PAGC 85
V.
\ott- \C&
RESOLUTION 38, 1998
April 14, 1998
A RESOLUMON OF TI11=. LITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUPPORTING '17ANSPORTATION ENHANCEMENT
FUNDING TO CONSTRUCT PATHWAYS AND SIDEWALKS,* A40 Q 1L,0N i b I Nw A a
E FFEc_r s v£ D * rt✓
WIiCRF,AS, the City of Palm Beach Oardens desires to construct a sidewalk facility
along Johnson Dairy Road;
WHEREAS, the City aspires to provide a pathway and formal open space at the new
municipal complex;
WHEREAS, the City desires to continue the sidewalk along Burns Road betwccu
Prosperity Farms Road and Gardens Fast Drive; and
WHEREAS, the City wishes to complete the sidewalk system along Dogwood Avenue
between Holly Drive and Lighthouse Drive. r� ¢ 4 rocq h
wwe RcA s , +n cll -4b CLA-4- -{�Q1 ati �..� a
-fie -ffs tt< A1
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF I HE CITY OF PALM
BEACH GARDENS, FLORIDA:
$=10n I . The City Council of the City of Palm Beach Garden, Supports the immediate
construction of four sidewalk/psthway projects including:
I . A sidewalk on the south side of Johnson Dairy Rnad;
2. A pathway and formal open space at the now municipal complex;
3. A sidewalk on the north side of Burns Road between Prosperity Farms Road and
Gardens East Drive;
4. A sidewalk on the out side of Dogwood Avenue.
g&fion 2- The City Council authorizes City staff to apply for Transportation
Enhancement Program tlntda through the Metropolitan Planning Organization of Palm Brach
County for the implementation of this project.
Sechan 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS — DAY OF - , 1999.
MAYOR
£ 390d 0099Lz919G * Xt{.� 113-N '8 QNti"U,H NOS:�3liW : Q 1 1<3:80 86. 0?/Vt)
April 23, 1998
RESOLUTION3 9 1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUPPORTING THE EXTENSION AND DOUBLE -
TRACKING OF TRI -RAIL AND URGING THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO FUND THESE EFFORTS AS A PRIORITY BEFORE THE
FUNDING OF THE HIGH SPEED RAIL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens acknowledges Tri-Rail as a key component
of South Florida's commuter transit system;
WHEREAS, the City has identified the need for double - tracking Tri-Rail to provide a
viable light rail system;
WHEREAS, the City further desires Tri-Rail to be extended from its current terminus to
Northern Palm Beach County to promote local transit; and
WHEREAS, the City believes that local infrastructure (such as Tri-Rail and Palm Tran)
need to be in place before construction of the Florida High Speed Rail.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens urges that funding
priority be given to double - tracking and extending the Tri -Rail system so that the local transit
infrastructure is fully operational to compliment the High Speed Rail.
Section 2. The City Council directs the City Clerk to forward this Resolution to the
Florida Department of Transportation and Metropolitan Planning Organization.
Section 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF , 1998.
185 Glytel .11
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
Resolution3 9, 1998
Page 2
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
CITY ATTORNEY
VOTE: AYE NAY ABSENT
COUNCILMEMBER RUSSO
COUNCILMEMBER FURTADO
COUNCILMEMBER JABLIN
COUNCILMEMBER CLARK
COUNCILMEMBER SABATELLO
May 4, 1998
RESOLUTION 40, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING THE
PLAT OF A DEFINITIVE MAP OF THE RIGHT -OF -WAY OF
FAIRCHILD GARDENS AVENUE, GARDENS BOULEVARD,
KEW GARDENS AVENUE, WEST DRIVE AND RELATED
EASEMENTS; PROVIDING FOR AUTHORIZATION TO
EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Plat of a Definitive Map of the Right -of-
Way of Fairchild Gardens Avenue, Gardens Boulevard, Kew Gardens Avenue, West Drive and
Related Easements,
WHEREAS, the City Engineer has determined that the proposed plat meets all of the
technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the plat, and
WHEREAS, the Plat is consistent with the City's Comprehensive Plan and Land
Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The Plat of a Definitive Map of the Right -of -Way of Fairchild Gardens
Avenue, Gardens Boulevard, Kew Gardens Avenue, West Drive and Related Easements,
consisting of six (6) sheets dated March 1998, prepared by Mock Roos and Associates, attached
hereto as Exhibit "A ", is hereby approved.
Section 2. The Mayor and City Clerk are hereby directed and authorized to execute the
Mylar of such Plat.
Section 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF MAY 1998.
JOSEPH RUSSO, MAYOR
Resolution 40, 1998
Page 2
ATTEST:,
LINDA V. KOSIER, CMC, CITY CLERK
II.va
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
CITY ATTORNEY
AYE NAY ABSENT
Lk me 0
TO:
Greg Dunham
FROM:
Tammy Jacobs
DATE:
April 7, 1998
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS. SURVEYORS & MAPPERS
MEMORANDUM
SUBJECT: Definitive Map of the Right -of -Way of Fairchild Gardens Avenue, Gardens
Boulevard, Kew Gardens Avenue, Southwest Drive and West Drive ( #84 -237)
Enclosed please find the original executed photo mylar plat prepared by Mock Roos &
Associates. Our Engineering and Survey Departments have reviewed and found satisfactory the
technical aspects of the referenced plat in accordance with Chapter 177 Florida Statutes and the
City of Palm Beach Gardens. Therefore, we recommend City Council approval and recordation
of the referenced plat.
T1
p: \pbgnemo \84- 237..6
c: Bobbie Herakovich
Jack Hanson
Mock Roos & Associates
POST OFFICE BOX 727, JUPITER, FLORIDA 33468 -0727
210 JUPITER LAKES BOULEVARD, BUILDING 5000, SUITE 104 • (561) 746 -9248 - FAX (561) 746 -0272
http: / /www.lbfh.com • e -mail: info @lbfh.com
WEST PALM BEACH JUPITER STUART FORT PIERCE OKEECHOBEE
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: May 7, 1998
Subject/Agenda Item
Public Hearing: Petition TXT -97 -01 Outdoor Seating Ordinance, by City of Palm Beach
Gardens Staff, to amend the City's Land Development Regulations to allow for outdoor
seating and dining areas within nonresidential and residential districts, excluding single family
homes.
Recommendation /Motion:
Staff recommends City Council approves Ordinance 5, 1998.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Growth Management
[ ]
Finance NA
$
[ ] Approved wlcondmons
ACM
Current FY
[ ] Denied
Human Res. NA
Advertised:
Other NA
Funding Source:
[ ] Continued to:
Date: 4/22/98
[ ] Operating
Attachments:
Paper: The Palm
[ ] Other
Ordinance 35, 1998
Beach Post
(] Not Required
I
Submitted by:
Growth Management
Affected parties
Budget Acct. #::
Director
Restaurant and
shopping center
owners
[ x ] Notified
[ ] None
Approved by:
City Manager
[x ] Not required
BACKGROUND:
Staff is requesting that the City amend its Land Development Regulations to allow for outdoor
seating areas for the purpose of outdoor dining. The need to address outdoor seating areas in the
1
City's Land Development Regulations derives from a code enforcement issue, in which several area
restaurants were cited for and warned about illegal dining areas located outside of buildings.
Currently, the only reference made to dining facilities by the City's Land Development Regulations
is a definition of "Restaurant" in section 78 -2, which is as follows: "means an establishment where
food is ordered from a menu, prepared and served for pay primarily for consumption on the premises
in a completely enclosed room, under the roof of the main structure or in an interior court. A drive -in
restaurant as defined in this section is not a restaurant. A cafeteria shall be deemed a restaurant." In
addition, the City's CG -1 (General Commercial) zoning district, where the majority of the City's
restaurants are located, has a requirement that "sales, display, preparation and storage is to be
conducted within a completely enclosed building ... (Section 118- 206(h))" These two code
provisions prohibit outdoor seating and specifically dining as a use within the City. However, it
should be noted, that some outdoor seating was approved as part of a site plan approval. For
example, the Waterway Cafe was approved with outdoor seating as part of its site plan approval.
Staff recognizes that businesses, restaurants, employers and customers desire to provide outdoor
seating, particularly in light of the favorable climate for outdoor activities. While staff has an interest
in allowing for outdoor seating, it also has concerns regarding this type of activity. Such concerns
have led the City to develop an ordinance which would allow for outdoor seating while protecting
the health, safety and general welfare of the public. Major concerns to staff regarding outdoor seating
include:
(1) Parking. The provision of outdoor seating, particularly that of restaurants for the purposes
of outdoor dining, may create an expansion of a business' use, therefore expanding the need
for parking. Lack of regulation of outdoor seating could allow for businesses to expand their
use without demonstrating that adequate parking will still be provided.
(2) Public safety and accessibility. The location of furnishings associated with outdoor seating
in common open spaces and pedestrian walkways presents safety and accessibility issues
regarding pedestrian access, persons with disabilities, emergency services, and natural
disasters. Lack of regulation of outdoor seating could lead to violation of federal and state
accessibility laws, property damage and personal injury.
(3) Nuisances. The intent of the ordinance is to regulate the activities taking place within outdoor
seating areas so there will be no interference with the enjoyment and use of property. The
proposed ordinance includes provisions for maintaining areas in a clean and safe condition
at all times and prohibiting encroachment upon other tenant spaces without their consent.
At its July 17, 1997 meeting, the City Council had several concerns regarding outdoor seating,
including limits of administrative approval, color compatibility, and encroachment into adjacent tenant
space. Staff has revised the ordinance to address these concerns.
The proposed ordinance would require outdoor seating in which food and /or beverage are served
K
(waiter service) to be approved by the Planning and Zoning Commission/Site Plan and Appearance
Review Committee and City Council by site plan approval or Planned Unit Development amendment.
Outdoor seating without waiter service and enlargements to previously approved outdoor seating
areas may be administratively approved by the Growth Management Director or her designee.
Specific standards and limitations are also proposed to be placed on outdoor seating areas. Those
arc:
• Outdoor seating must be arranged to allow not less than six (6) feet adjacent to every seat and
table. Six (6) feet must be left for all passageways.
• Outdoor seating shall not encroach on any sidewalk, passageway or other property of any
other person or business unless the petitioner receives written consent of the other person or
business and is administratively approved by the City.
• Outdoor seating shall not occupy any area designated for parking.
• Outdoor seating areas shall be separated from other areas by fencing, planter boxes or other
approved divider.
• Outdoor seating shall be compatible in color and style with the exterior of the building and
shall not contain any sign, lettering or advertising. However, menu boards are allowed and
regulated in the draft ordinance.
• Food and beverage service in an outdoor seating area would be prohibited between 10 p.m.
and 7 a.m. from Sunday through Thursday and between I 1 p.m. and 7 a.m. Friday through
Saturday.
• No music or other performances of any kind, live or recorded, are permitted with any outdoor
seating area.
• Outdoor seating which increases the total number of seats of an establishment shall provide
additional parking to meet the need created by the additional seats. Outdoor seating which
does not increase the total number of seats available for an establishment will not be required
to provide any additional parking spaces.
Proposed and existing, but unapproved, outdoor seating areas would have to conform with the
standards and limitations in the code.
At its March 5, 1998 meeting, the City Council directed staff to clarify the proposed ordinance so it
was clear that outdoor seating was not to encroach on areas in front of other businesses or other
buildings. Staff revised the ordinance, as detailed in the attached Amendment 1 sheet. The ordinance
was advertised in the newspaper and restaurant and shopping center owners were also notified by
staff of the public hearing on the draft ordinance.
G: \Short Range \OUTDRSEA.WPD
Amendment l to Ordinance 5, 1998
The text of proposed Ordinance 5, 1998, as approved on first readin`,, shall be amended as
follows -
A. Amend Section 4, creating a new code Section 118-3) 11 (2)(c), to add the phrase "other
than the applicant" after the phrase "any person or business," add the word "upon" after
the word "passageway" and before the word "which," delete the phrase "would be
encroached upon by" after the word "wfiich" and before the phrase "the outdoor seating,"
and adding, the phrase "would be located," after the phrase 'the outdoor seating" so it
shall read:
(c) A copy of the written consent of any person or business other than the applicant
who owns or leases any property, including any sidewalk or other public passageway, upon which
the outdoor seating would be located, which consent shall include indemnification of the City for
any liability for personal injury and property damage due to the approval or existence of the
outdoor seating.
B. Arnend Section 4, creating a new code Section 118 -311 (3)(a), to delete the words "seat
and" after the phrase "adjacent to every" and prior to the word "table," so it shall read:
(a) Outdoor seating shall be arranged, when in use, in a manner that allows a
pedestrian walkway of not less than 6 feet in width adjacent to every table.
C. Amend Section 4, creating a new code Section (3)(c), to add the phrase "of an applicants"
after the phrase "Outdoor seating," delete the phrase "encroach upon" and replace it with
"be located on," add the phrase "adjacent to" after the phrase "other property," and delete
the words "person or" prior to the word "business," so it shall read:
(c) Outdoor seating of an applicant shall not be located on any sidewalk,
passageway, or other property adjacent to any other business.
D. Amend Section 3, which creates a new subsection (13) under Code Section 118 -44, to the
add the phrase '`with service" after the phrase `-enlarge the area for such outdoor seating,"
so that it shall read:
Cl ) Any amendment to existing uses which would create or add outdoor seating that
invol_es the service of food or beverages of any kind within the outdoor seating
area, enlarge the area for such outdoor seating with service by more than five
percent of the outdoor seating area, or materially alter the character of such
outdoor seating.
E. Amend Section 4, which creates new Code Section 1 18 -31 1 ( ()(a), to delete the word
"immediately" before the word "adjacent" and to delete the words "and contiguous" after
the word "adjacent," so that it shall read:
(a) The outdoor seating area is adjacent to, and has direct access through a
doorway to, that portion of the restaurant, lounge, hotel, or other commercial business,
establishment or institution which is inside the building,"
F. Amend Section 4, creating a new Code Section 118 -311 (1)(b), to add the phrase "or the
landlord of such restaurant, lounge, hotel or other commercial business, establishment or
institution" after the word "institution," so that it shall read:
(b) The outdoor seating is located on property which is either owned or leased by the
adjacent restaurant, lounge, hotel, or other commercial business, establishment or institution, or
the landlord of such restaurant, lounge, hotel or other commercial business, establishment or
institution;
G. Amend Section 4, creating a new Code Section 118 -311 (4), by adding the subsection
indication of "(b)" prior to the sentence "Outdoor seating areas shall be in compliance
with the City's noise regulations," so that it shall read:
(b) Outdoor seating areas shall be in compliance with the City's noise
regulations.
April 29, 1998
ORDINANCE 5, 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
AMENDMENT OF SECTION 78 -2 OF THE CODE OF
ORDINANCES, ENTITLED "DEFINITIONS," BY AMENDING
THE DEFINITION OF "RESTAURANT" AND BY ADDING A
DEFINITION OF "OUTDOOR SEATING "; PROVIDING FOR
ENACTMENT OF SECTION 110-44 OF THE CODE OF
ORDINANCES, ENTITLED "MENU BOARDS "; PROVIDING
FOR AMENDMENT OF SECTION 118 -44 OF THE CODE OF
ORDINANCES, ENTITLED "ADMINISTRATIVE AMEND-
MENTS TO APPROVED DEVELOPMENT PLANS," BY
ADDING A PROVISION CONCERNING "OUTDOOR
SEATING "; PROVIDING FOR ENACTMENT OF SECTION
118 -311 OF THE CODE OF ORDINANCES, ENTITLED
"OUTDOOR SEATING "; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently
does not contain any provisions regulating the manner in which outdoor seating may be
provided and utilized by restaurants, hotels, and other businesses within the City;
WHEREAS, the manner in which outdoor seating is provided and utilized generally
affects the health, safety, and welfare of residents of the City and specifically affects the
health, safety, and welfare of patrons and customers of restaurants, hotels, and other
businesses within the City; and
WHEREAS, the City Council has determined that it is necessary to protect the
health, safety, and welfare of City residents and others who patronize the restaurants,
hotels, and other businesses within the City by regulating the manner in which outdoor
seating may be provided and utilized.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. Section 78 -2 of the City's Code of Ordinances, entitled "Definitions,"
is hereby amended by amending or inserting, in alphabetical order, the following terms and
definitions (added words underlined; deleted words struck):
Outdoor seating means the chairs; stools, benches, and other furnishings which are
designed primarily for a person to sit upon, located outside the walls of a buildinq in which
a restaurant. lounqe, hotel, or other commercial business, establishment, or institution is
beinq operated, and includes all other furnishinqs similarly located for use in conjunction
with such seatinq, such as tables, umbrellas, menu boards, service carts, and decorative
items.
Restaurant means an establishment where food is ordered from a menu, prepared
and served for pay primarily for consumption on the premises in a completely enclosed
room, under the roof of the main structure, or at outdoor seatinq adjacent to the main
structure or in an interior court surrounded on all four sides by the main structure. An
establishment where food is prepared or served for pay, but not primarily„ for con- sumption
on-the premises, includinq a drive -in facility restaurant as defined in this section is not a
restaurant. A cafeteria shall be deemed a restaurant.
SECTION 2. Section 110 -44 of the City's Code of Ordinances is hereby enacted,
as follows:
Sec. 110 -44. Menu boards.
(a) A menu board is a removable sign used to inform the public of the list of
dishes or foods available in a restaurant along with the corresponding prices, and may
Ordinance 5, 1998
Page 2
include other information about the restaurant such as its telephone number, hours of
operation, and acceptance of'credit cards.
(b) A menu board must be constructed of durable material, such as wood, metal,
or plastic, and may not be constructed of paper, cardboard, pressboard, or similar material.
(c) A menu board may have one face, or may have two faces of identical size,
and may be constructed as a sign mounted on a pole or as a sandwich -board type sign.
(d) A menu board shall not be more than five feet high, measured from the
ground, and shall not be more than three feet wide
(e) A menu board must be stored within the restaurant using it whenever the
restaurant is closed to the public.
(f) One menu board may be displayed by a restaurant which has outdoor
seating, unless the restaurant has two or more outdoor seating areas which are separated
by a wall at least six feet high or which are otherwise not visible from each other, in which
case one menu board may be utilized or displayed in each separate outdoor seating area
of the restaurant.
SECTION 3. Section 118-44 of the City's Code of Ordinances is hereby amended,
as follows (added words underlined; deleted words struck-):
Sec. 118 -44. Administrative amendments to approved development plans.
Under this article, minor amendments to approved development plans may be
approved by the Growth Management Director in consultation with other city staff, as
appropriate. The following types of amendments shall not be considered minor and shall
require formal review by the Planning and Zoning Commission /Site Plan and Appearance
Ordinance 5, 1998
Page 3
Review Committee and /or City Council as required for development approval in this
chapter.
(13) Any amendment to existinq uses which would create or add outdoor seatinq
that involves the service of food or beveraqes of any kind within the outdoor
seatinq area, enlarge the area for such outdoor seatinq with service by more
than five percent of the outdoor seatinq area, or materially alter the character
of such outdoor seatinq.
SECTION 4. Section 118 -311 of the City's Code of Ordinances is hereby
enacted, as follows:
Section 118 -311. Outdoor seating.
(1) Applicability. Outdoor seating shall be permitted as an accessory use to a
building in which a restaurant, lounge, hotel, or other commercial business, establishment,
or institution is operated, provided that:
(a) The outdoor seating area is adjacent to, and has direct access
through a doorway to, that portion of the restaurant, lounge, hotel, or other
commercial business, establishment or institution which is inside the building;
(b) The outdoor seating is located on property which is either owned or
leased by the adjacent restaurant, lounge, hotel, or other commercial business;
establishment or institution, or the landlord of such restaurant, lounge, ho'.el or
other commercial business, establishment or institution,
(c) The outdoor seating can be accommodated without impeding the
access of the general public, including persons with disabilities, to the portion of the
Ordinance 5, 1998
Page 4
restaurant. lounge, hotel, or other commercial business, establishment or institution
which is located inside the building, or to any other commercial business or other
use within the same building; and
(d) The outdoor seating can be accommodated without creating a need
for additional parking spaces which could not be provided on the same site as the
building for which the outdoor seating would be an accessory use or would create
a non - conforming status for existing parking provided for such building.
(2) Permitting process. An applicant for approval of outdoor seating may include
the proposed outdoor seating as part of an overall application for a development order, or
may seek amendment of an existing development order to allow for outdoor seating,
pursuant to the applicable provisions of this Code. Every application involving outdoor
seating shall include the following, in addition to and not in place of anything else which
may otherwise be required by any other provision of this Code:
(a) A list of the names and addresses of every other occupant of the
same building and every other owner and tenant of property within 500 feet of the
property for which outdoor seating is proposed, together with certification that a
notice was mailed to each such occupant or owner stating that the applicant has
requested approval by the City for outdoor seating.
(b) A site plan, drawn to scale, which shows at least the building for which
outdoor seating will be an accessory use, the location of the restaurant, lounge,
hotel, or other commercial business, establishment or institution which will use the
outdoor seating, the location of the outdoor seating and all related fencing,
screening, or dividing materials, the location of any sidewalks or other pedestrian
Ordinance 5, 1998
Page 5
walkways or passageways which are adjacent to or will be affected by the outdoor
seating, and the location of all existing or additional parking for such building.
(c) A copy of the written consent of any person or business who other
than the applicant owns or leases any property, including any sidewalk or other
public passageway, upon which the outdoor seating would be located, which
consent shall include indemnification of the City for any liability for personal injury
and property damage due to the approval or existence of the outdoor seating.
(d) Photographs, renderings, or samples showing the style and color of
all furnishings, menu boards, and fencing, screening, or dividing material to be used
for or in conjunction with the outdoor seating.
(3) Conditions of outdoor seating. Outdoor seating shall comply at all times
with the following conditions:
(a) Outdoor seating shall be arranged, when in use, in a manner that
allows a pedestrian walkway of not less than 6 feet in width adjacent to every table.
(b) Outdoor seating located on a pedestrian walkway which provides
access to more than one occupant of a building, as in a shopping center, shall be
arranged, when in use, in a manner that maintains a straight passage of not less
than 6 feet in width immediately adjacent to, but not through, the outdoor seating
area.
(c) Outdoor seating of an applicant shall not be located on any sidewalk,
passageway, or other property adjacent to any other business.
(d) Outdoor seating shall not occupy any area designated for parking.
Ordinance 5, 1998
Page 6
(e) For uses located in shopping centers or which share a common wall
with another use, outdoor seating which is not located within an inner court, and
which is used for the service of food or beverages of any kind within the outdoor
seating area, shall be physically separated and visually distinct from any
immediately adjacent public passageway or walkway by means of approved fencing
or screening material which is not less than 3 feet in height, by means of one or
more planter boxes and other plant containers, by means of some other approved
divider, or by any combination of such means, but not including tables, chairs, or
other seating.
(f) Outdoor seating shall be compatible in color and style with the exterior
of the building and shall not contain or have affixed to it any sign, lettering, or
advertising of any kind, except for menu boards and small labels permanently
affixed to the furnishings in order to identify ownership for security purposes.
(g) Outdoor seating shall be stored in a secure manner, whenever the
restaurant, lounge, hotel, or other commercial business, establishment or institution
using it is closed to the public.
(4) Limitations on use. Except for outdoor seating located in an inner court:
(a) All sales and service of food and beverages in an outdoor seating
area are prohibited between 10:30 P.M. and 7:00 A.M. from Sunday through
Thursday, and between 11:00 P.M. and 7.00 A.M. from Friday through Saturday.
(b) Outdoor seating areas shall be in compliance with the City's noise
regulations.
Ordinance 5, 1998
Page 7
(5) Parking requirements. Outdoor seating which increases the total number
of seats available at a restaurant, lounge, hotel, or other commercial business for the
service of food or beverages of any kind shall be considered an expansion of use which
requires additional parking, and such outdoor seating shall be included in any calculation
of the total number of seats provided by the restaurant, lounge, hotel, or other commercial
business.
SECTION 5. The City Clerk is hereby directed to ensure that the contents of this
ordinance be codified as part of the City Code of Ordinances.
SECTION 6. Should any section or provision of this ordinance, or any portion,
paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to
be invalid, such declaration shall not affect the validity of the remainder of this ordinance,
but only that part declared to be invalid.
SECTION 7. All ordinances and resolutions of the City, or any part thereof, which
are in conflict with this ordinance are hereby repealed.
SECTION 8. This ordinance shall be effective 30 days after it is adopted.
PLACED ON FIRST READING THIS
PLACED ON SECOND READING THIS
PASSED AND ADOPTED THIS
JOSEPH R. RUSSO, MAYOR
LAUREN FURTADO, VICE MAYOR
Ordinance 5, 1998
Page 8
DAY OF APRIL, 1998.
DAY OF 11998.
DAY OF , 1998.
CARL SABATELLO, COUNCIL MEMBER
ERIC JABLIN, COUNCIL MEMBER
,ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
8Y:
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCIL MEMBER SABATELLO
COUNCIL MEMBER JABLIN
COUNCIL MEMBER CLARK
C;: \Marty \ORD5 -98. WPD
Ordinance 5, 9998
Page 9
DAVID CLARK, COUNCIL MEMBER
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
April 9, 1998
ORDINANCE 8, 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO SECTION 46 -33 OF THE CITY CODE OF
ORDINANCES ENTITLED "APPOINTMENT AND TERMS OF
OFFICE" TO INCREASE THE TERM OF OFFICE OF EACH
MEMBER OF THE PARKS AND RECREATION ADVISORY
BOARD TO THREE YEARS; PROVIDING FOR AN
AMENDMENT TO SECTION 46 -34 OF THE CODE OF
ORDINANCES ENTITLED "DUTIES" TO HOLD REGULAR
MEETINGS OF THE BOARD EVERY OTHER MONTH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted Ordinance
1, 1997, which created the Parks and Recreation Advisory Board which ordinance has been codified
as Sections 46 -31 through 46 -35 of the City's Code of Ordinances;
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, has determined that
the term of office of each member of the Board should be increased to three years to perform more
effectively; and
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, has determined that
it would be more beneficial to the Parks and Recreation Advisory Board to hold regular meetings
every other month.
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 amends
Section 46 -33 of the City of Palm Beach Gardens Code of Ordinances, entitled "Appointment and
terms of office. ", as follows:
Section 46 -33. Appointment and terms of office,
(a) The term of office of each member of the board shall be ,Wo three (3) years or until
their successors are appointed and qualified, and shall be in staggered terms.
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SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby amends
Section 46 -35 of the City of Palm Beach Gardens Code of Ordinances, entitled "Duties. ", as follows:
Section 46 -35. Duties.
(a) The board shall have the following duties:
(2) To hold regular meetings gmmtedy every other month and file a written report
gmuterly every other month of its activities with the City Council unless more frequently required or
special reports are requested by the City Council.
SECTION 3. The City Clerk is hereby directed to ensure that the contents of this ordinance
be codified as part of the City Code of Ordinances.
SECTION 4. Should any section or provisions of this ordinance, or any portion, paragraph,
sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such
declaration shall not affect the validity of the remainder of this ordinance, but only that part declared
to be invalid.
SECTION 5. All Ordinances or parts thereof in conflict herewith are hereby repealed.
SECTION 6. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF _
PLACED ON SECOND READING THIS DAY OF
PASSED AND ADOPTED THIS DAY OF
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
1998.
1998.
1998.
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO _
VICE MAYOR FURTADO _
COUNCILMAN JABLIN _
COUNCILMAN CLARK _
COUNCILMAN SABATELLO
Ordinance 8, 1998
Page 2
April 9, 1998
ORDINANCE 9, 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
AMENDMENT OF SECTION 106 -26 OF THE CODE OF
ORDINANCES ENTITLED "DEFINITIONS" BY AMENDING
THE DEFINITION OF DEVELOPMENT; PROVIDING FOR
AMENDMENT OF SECTION 106 -29 OF THE CODE OF
ORDINANCES ENTITLED "FEE IMPOSED ON
DEVELOPMENTS "; PROVIDING FOR REPEAL OF
SECTION 106 -30 ENTITLED "ELIGIBLE PROJECTS ";
PROVIDING FOR CODIFICATION; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently
contains provisions for an Art in Public Places fee requirement and the creation of an Art
Advisory Committee;
WHEREAS, the Art in Public Places fee requirement was established by Ordinance
46, 1988 and was subsequently amended by Ordinance 19, 1991 and Ordinance 12, 1993;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. SECTION 106 -26 of the City's Code of Ordinances, entitled
"Definitions ", is hereby amended as follows (added words underlined, deleted words
Development means any capital project to construct, eFremodel or renovate any
private or public development improvements located within the city, or any portion thereof
.. a - ....:.a.....a:..i ...:a4.:... al... I:.,..:a., t a6.,. ,.:a..
Gx0c:p. ��,.,���.�a� �.I.II 'LL [a � IL3 c, .I,1- %.I.y where total construction cost equals or
exceeds one million dollars ($1,000,000). For purposes of this article, development shall
not mean construction, remodeling or renovation of any residential improvements, or any
city -owned improvements.
SECTION 2. SECTION 106 -29 of the City's Code of Ordinances entitled "Fee
imposed on developments; requirements" is hereby amended by inserting and deleting the
following words in subsection (a) (added words underlined, deleted words eeut):
(a) Fee. A 11 L.. .Ago&.. C- -.L... ....a -. ...t:.... t .....:. ...L.. .J ..L.I:...J ... ...I..- ..,......t.. :... &L— -:L..
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QJ J'.JGGIIIGU 111 Va_vIIVI\ 1VV -V V, JIIQII 111VIUUG Q11I Qlilvulll VI vile r,JCiVC1 IL VI alGi waQl
L,Udg tz _s a `G- al-tin, public p:accs An art in public places fee shall be imposed on
1./uu GlJ QJ Q IGG IVI uVIIG IQGGJ.
anv development in the City in the amount of 11/9 of the actual total project cost.
SECTION $. SECTION 106 -30 of the City's Code of Ordinances entitled "Eligible
Projects" is hereby repealed in its entirety.
SECTION 4. All ordinances and resolutions of the City, or any part thereof, which
are in conflict with this ordinance are hereby repealed.
SECTION 5. The City Clerk is hereby directed to ensure that the contents of this
ordinance be codified as part of the City Code of Ordinances.
SECTION 6. This ordinance shall be effective upon the date of adoption.
PLACED ON FIRST READING THIS DAY OF APRIL, 1998.
PLACED ON SECOND READING THIS DAY OF, 1998.
PASSED AND ADOPTED THIS DAY OF, 1998.
JOSEPH R. RUSSO, MAYOR
LAUREN FURTADO, VICE MAYOR
Ordinance 9, 1998
Page 2
CARL SABATELLO, COUNCIL MEMBER
ERIC JABLIN, COUNCIL MEMBER
DAVID CLARK, COUNCIL MEMBER
ATTEST: APPROVED AS TO LEGAL FORM
LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY:
m
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCIL MEMBER SABATELLO
COUNCIL MEMBER JABLIN
COUNCIL MEMBER CLARK
Ordinance 9, 1998
Page 3
%Ti
HOMEOWNERS ASSOCIATION, INC.
5345 Woodland Lakes Drive, Palm Beach Gardens, Florida 33418
`COPY'
City Clerk, Linda Kosier
May 7, 1998
To: Mayor Joseph Russo and Council Members
RE: Resolution 19, 1998 (Currently referred to as "The Commons ")
We the undersigned feel that we cannot address our concerns to the item
of CONCURRENCY at the upcoming Council Meeting of May 7, 1998•
With the knowledge of a mixed use petition for commercial, residential
and office space for parcels #1, #2 and #3, in the offering, we feel
the item of character for PGA Boulevard should be addressed simultaneously.
PGA Boulevard is the only remaining gateway, beautifully landscaped and
maintained, leading into the new downtown Palm Beach Garden Municipal
Complex, for which the city should be complimented.
We feel that through some oversight by the powers that be, this may be
destroyed and not preserved in the best interest of the city and its
residents.
For the past 25 years, the area has been developed as a residential
community, free of the eliments that undermine the value of its attract-
iveness.
We would like to maintain the existing character on the north and south
side of PGA Boulevard as a residential community.
This could easily be accomplished by establishing guidelines of low density
with additional landscaping and building setbacks which can only add to
the beauty and appeal of the gateway to the new Municipal Complex.
The impact by an uncontrolled condition could have serious adverse
consequences to the following:
a) Devaluation of Property
b) Fire Department
c) Traffic
d) Increase, Existing Office Vacancy Rentals
Page 2
RE: Resolution 19, 1998
A task force of neighborhood residents is currently assembling a brochure
of panorama photographs, (a few preliminary attached for your perusal) and
studies for future presentation to the Council. When complete in approxi --
mately 30 days, these will best reflect our concerns and recommendations.
In light of the above, we would appreciate your removing the item of
CONCURRENCY from the agenda of your Council Meeting of May %, 1998.
This will allow us to make a comprehensive presentation to the City Council
and Zoning and Planning Departments for an in -depth review and evaluation,
after which the item of "Concurrency" can be rescheduled.,
Thank you for your accommodation in this matter.
Roy Marti President, Homeowners Assoc.
� lam/
Sam Wohlford, sident, Condominium Assoc.
February 17, 1998
March 30, 1998
April 20, 1998
RESOLUTION 19, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA,
PROVIDING FOR APPROVAL OF A CONCURRENT
PROCESSING AGREEMENT BETWEEN THE CITY
AND CHANNING CORPORATION XXX
CONCERNING LANDS OWNED BY THE
MACARTHUR FOUNDATION LOCATED ALONG
PGA BOULEVARD AT AVENUE OF THE PGA AND
HICKORY DRIVE, KNOWN AS "THE COMMONS"
PARCELS 1, 2 AND 3; PROVIDING AUTHORIZATION
FOR THE MAYOR AND CITY CLERK TO EXECUTE
SUCH AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Resolution 148, 1996 prohibits the Growth Management Department from
accepting or processing applications for site plan development orders concurrent with or prior to a
comprehensive plan amendment;
WHEREAS, Resolution 148, 1996 also provides an exception whereby City Council may
approve the acceptance and processing of such applications according to the conditions of Resolution
148, 1996
WHEREAS, the City Council has determined that concurrent review of PUD petitions will
result in a more comprehensively planned project in this instance.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. The Concurrent Processing Agreement between the City of Palm Beach Gardens,
Channing Corporation XXX, and the MacArthur Foundation concerning lands owned by the
MacArthur Foundation located along PGA Boulevard at Avenue of the PGA and Hickory Drive,
known as "The Commons" Parcels 1, 2 and 3, a copy of which is attached hereto and incorporated
herein as Exhibit "A ", is hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute said
Development Agreement on behalf of the City of Palm Beach Gardens.
Section 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS _ DAY OF
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
Im
VOTE:
COUNCILMEMBER RUSSO
COUNCILMEMBER FURTADO
COUNCILMEMBER JABLIN
COUNCILMEMBER CLARK
CODUNCILMEMBER SABATELLO
Resolution 19, 1998
Page 2
MAYOR
_, 1998.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
AYE NAY ABSENT
CITY ATTORNEY
CONCURRENT PROCESSING AGREEMENT
THIS CONCURRENT PROCESSING AGREEMENT ( "Agreement ") made this day of
May, 1998, by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation
( "City ") whose address is 10600 North Military Trail, Palm Beach Gardens, Florida 33410, and CHANNING
CORPORATION XXX, a Florida corporation ( "Channing") whose address is 4214 Northwest 60th Drive,
Boca Raton, Florida 33496.
RECITALS:
WHEREAS, the City is empowered to and authorized to enter into this Agreement; pursuant to
the City Charter.
WHEREAS, The John D. and Catherine T. MArArthur Foundation, an 'I'llinois not - for -profit
corporation, whose address is 4400 PGA Boulevard, Suite 900, Palm Beach Gardens, Florida 33410
( "Foundation ") has consented to this Concurrent Processing Agreement as the owner in fee simple of the
Subject Property, which is described on Exhibit "A" attached hereto and made a part hereof;
WHEREAS, Charming desires to submit an Application for concurrent processing of PUD
Approval Applications for residential and mixed uses within the Subject Property together with the
Comprehensive Land Use Plan ( "CLUP ") Amendment Petitions filed December 1, 1997, which uses are
identified on the map or illustration attached hereto as Exhibit "B ".
WHEREAS, Channing acknowledges and agrees that the review and approval of the CLUP
Amendments must occur prior to, or concurrent with approval of the aforementioned PUD Approval
Applications;
WHEREAS, Channing acknowledges that the City shall not commence concurrent processing of
PUD Approval Applications unless and until the CLUP Applications are deemed sufficient and are
otherwise found complete by the City;
WHEREAS, Channing acknowledges and agrees that such concurrent processing is proceeding
at Channing's "own risk" and is contingent upon the final approval by the City Council of the CLUP
Applications and that the Site Development Order for the PUD Approval Applications must be consistent
with such actions, and that the PUD Approval Applications will not be approved before final action is taken
by the City Council regarding the CLUP Applications and srnAll -scale amendment appeal period pursuant
to 163.3187.2C has expired;
WHEREAS, the City and Channing acknowledge and agree that concurrent review of the PUD
Approval Applications will result in a more comprehensively planned project, as more partici lArly set forth
herein, and that allowing such concurrent review is in the best interest of the City and Channing;
WHEREAS, the City finds as a matter of fact, that processing of the PUD Approval Applications
concurrently with the CLUP Applications is consistent with Resolution 148, 1996 of the City of Palm Beach
Gardens, Florida;
SSM (04/24/98)
As \CEANNING \CONCUR PROCESS.XXX
NOW, THEREFORE, the City and Charming for Ten Dollars ($10.00) and other good and
valuable consideration, including the terms and conditions of this Agreement, the receipt and sufficiency
of which is hereby acknowledged by each, hereby agrees as follows:
1. RECITATIONS. The recitations, statements and agreements set forth above are
acknowledged by the City and Channing to be true statements and agreements, and
correct, and are incorporated as a substantive and material part of this Agreement.
2. CONCURRENT PROCESSING. The PUD Approval Applications shall be
reviewed and processed concurrently with the CLUP Applications for the Subject
Property. No other PUD Approval Applications shall be concurrently processed
with the CLUP Applications, except with the prior approval of the City Council.
3. PUD APPROVAL APPLICATIONS. The PUD Approval Applications shall
include all those items required pursuant to § 118 -50 (4) of the City's Land
Development Regulations.
4. MASTER PLAN. Charming agrees that City may require, at City's sole discretion, that
Charming master plan the subject property by entering into a Development Agreement
pursuant to Florida Statute §163.3220 or via a Unity of Control document at such time
as the City may deem necessary.
5. CITY'S PARTICIPATION. Channing acknowledges and agrees that the .City's
participation in this Concurrent Processing Agreement is intended to ensure the overall
-Aster planning of the Property, and in no way obligates or binds the City to approve, or
approve with conditions and/or modifications, either Application without recourse as a
result of this Agreement.
6. EXPENSES/NO RELIANCE. Channing agrees and acknowledges that it is proceeding
"at it's own risk" by processing the Applications concurrently and may not recover from
the City any costs or expenses associated therewith in reliance upon this Agreement.
7. TERM. This Agreement shall continue for a period of twenty four months unless
earlier terminated either by Foundation pursuant to the consent provisions set
forth below, or by the City in the event Planning and Zoning issues remain
unresolved in the concurrent processing of the CLUP Applications and the PUD
Approval Applications after the expiration of the twenty four month period.
8. IPARC: Additionally, should a formal written objection to the CLUP Applications
be filed through IPARC (Intergovernmental Plan Amendment Review Committee)
pursuant to that Interlocal Agreement entered into by the City pursuant to
Resolution 81, 1993, concurrent processing will terminate pursuant to terms of
Resolution 148, 1996 until such time as the formal written objection has been
withdrawn or resolved.
9. COMPLIANCE: Charming acknowledges and agrees that concurrent processing
as approved by the City Council shall at all times be contingent upon compliance
with all provisions of Resolution 148, 1996 and other relevant policies and
ordinances and that failure to so comply with said Resolution, policies and
ordinances shall result in termination of concurrent processing.
SSM (04/24/98)
A:\CHMKIKC.\C0NCUR-PR0CBSS.XXX 2
10. AMENDMENTS. This Agreement may be amended only by mutual written
consent of the parties.
11. SUCCESSORS IN INTEREST. This Agreement and any rights and
responsibilities hereunder are binding and inure to the benefit of the City,
Charming and Foundation, as well as their respective successors in interests, and
assigns which may succeed to or be assigned partial or whole interest.
12. RECORDING. After the City Council has approved this Agreement, the City
shall cause the Agreement to be recorded with the Clerk of the Circuit Court in
Palm Beach County. Charming will be responsible for the costs of recording same.
13. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of Florida and judicial review and jurisdiction of any actions between the parties
to this Agreement shall be in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
of January, 1998.
ATTEST:
Linda Kosier, City Clerk
City Attorney
Approved as to form and legal sufficiency
WITNESSES:
Print or Type Name
Print or Type Name
SSM (04/24/98)
A:\CHMN1NG\C0KCUR-PR0CESS.XXX 3
"CpI,Y"
day
CITY OF PALM BEACH GARDENS, FLORIDA
By:
Joseph Russo, Mayor
"CHANNING CORPORATION XXX"
CHANNING CORPORATION XXX
a Florida corporation
By.
JOEL CHANNING
Its: President
CONSENT
THE JOHN D. AND CATHERINE T. MacARTHUR, FOUNDATION, an TINTkois not - for - profit
corporation ("Foundation ") hereby consents to this Agreement, as owner in fee simple of the Subject
Property subject to the right of Foundation to terminate this Agreement upon thirty (30) days written
notice to City and Charming in which event all zoning and/or other land use applications being processed
by City with respect to the Subject Property shall be deemed withdrawn.
WITNESSES:
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
"FOUNDATION"
THE JOHN D. AND CATHERINE T.
MacARTHUR FOUNDATION, an
Tllirxois not - for - profit corporation
By:
Its:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgements, appeared ,
[ ] personally to me known or [ ] who has produced
as identification and acknowledged to me to be the person described in and who executed the foregoing
instrument.
WITNESS my hand and official seal in the County and State aforesaid this day of ,
199
(seal)
NOTARY PUBLIC
Print Name of Notary
Commission No.
My Commi -mion Expires
SSN (04/24/98)
A. \CHMM1NG \C0NCUR_PR0CESS.XXx 4
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgements, appeared ,
[ ] personally to me known or [ ] who has produced
as identification and acknowledged to me to be the person described in and who executed the foregoing
instrument.
199
WITNESS my hand and official seal in the County and State aforesaid this day of ,
NOTARY PUBLIC
(seal)
Print Name of Notary
Commission No.
My Commission Expires
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgements, appeared ,
[ ] personally to me known or [ ] who has produced
as identification and acknowledged to me to be the person described in and who executed the foregoing
instrument.
199.
WITNESS my hand and official seal in the County and State aforesaid this day of ,
(seal)
NOTARY PUBLIC
Print Name of Notary
Commission No.
My Commission Expires
SSM (04/24/98)
A:\CRMNING\C0NCUR-P1t0CESS.XXX 5
, , FIJI -t =.Jc
THE COMMONS
Parcel 1
LEGAL DESCRIPTION
December 01, 1997
A porcel of Land situate in Section 11, Township 42 South. Range 42 East. irithin the
Municipal n U of the City of Palm Beach Cardens. Palm Beach County, Florida. and
bong more porticulorly- described as follows:
bounded o the North by the South right- of-way line of P.G.A. Boulevard: bounded on
the East b the West line of that certein parcelof land described in OfficiaiRecords Book
2539. at p e 93. public records 'of Palm Beach County. Florida: bounded on the West
by tht Eos ft ht of way 6ne of Avenue of the P.C.A. as shown orr the Plot One of
No en .0. ANO ICATHERNE T. MACARTHUR FOUNOATION, according to
the Dlat t eof tecorddd in Plot Book 54 at pages 67 through 81: and bounded on the
South by t e following described tine: commencing at the northwest corner of that said
porcelo to d• described in Official Record Book 2539, Page 93: thence South 01.37'27"
West along the West line of said parcel described in Official Record: Hook 25:9. Page 93
a distance f 419.97 feet: thence North 88' 21'4211 West a distance of 100.00 feet: thence
South 62' 1'08" .West a distance 'of 110.00 feet: thence South 884 27'07" West
o distance�f 141.77 feet: thence North 22' 30'17'• West o distance of 192.37 feet: thence
North 88' '33 "' West a distance of 115.00 feet to o point on the East line of said Aven
of the P.G.Q.
Containing i� o115.188 acres rn:r a of less.
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THE COMMONS
Parcel 2
I
LEGAL DESCRIPTION
December 01, 1997
i
0. ow-tof ions ry" in Section 1t. 16—snio 42 Sort *. Range 42 East. Isom 'Geocn
County. norwo. btu►q mart partreutsrty eeleroed as lollews;
'Conniirenc el the nortneast corner of said Section Ic tnence r4orfn 8a' 2:133` +rest
along, the Natn brie of sod Section It !the North line of sob Section If ;% ossurn*4 .ta
bear No ,e nd th 59' 22 "33" West a another bearings stated heroin erls relative thereto► a
distance of 169.87 feet: thence deporting SO4 section true South 01.37'27" crest o 1
distar►et of 60.00 feet to a point art the North right •of -way ine of P.C.A. Boulevard and i
the POW OF BECtMMevG of the hereinafter described parcelot land. thence South
or 3722•' 1Nest parallel with the Cost tine of sad Section 11 c dislot+ce of 169.6t test to
o point art the west right -of -way fine of Mckory Drive as shown oil the Not thereof.
recorded in Plat Book 77. Pages 122 and 123. Public Records of Pclm EeaeA Counlp.
Florida. s0rrQq p4 int Iving on a curve concave to the Cost, horin9 a redirs of 120 feet. a i
centrdangl! d ZS'CF'tr arw a radial bearing of South 34' lrw Cost: thence southerly
along the ore of said curve a distanet of 157.30 feet to a point at co"Vound curvature of o
`curve concave to Me East.havirw a radius of 351.20 feet and a csntralarvgle of 02.40'37 ":
thence 3outhOrty along the arc Of said curve a distance of 16.41 ltet: thence deporting Said
tight- of•war Mi North 68' 22'37 west 4 disfonce of 517,64 feet to o point on the test
A" at a parcel of land aesceibcd in CfficialReeord Bach 2539. Page 103. Public
Records of Palm Beach CAwn�r. Flaridc. thence North Or 37'33" East atonq the East line
et. said porcela distance of 3 5.00 feet to the nerthtasl corner of said parcel: :hence South
88'2723" Edit otonq the South right-al-way fns of P.G.A. Eoutevaro o drstence of i
1552.74 feet to the POW OF BEG[NmmG, i
t 4
�Coritoiriinq in of 3.988 acres more or test'.
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Page 2
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THE COMMONS
Parcel 3
LEGAL DESCRIPTION
` December 01, 1997 1
' r
A parcelor land tying in Section 12. TownsNo 42 South, Range 42 East. Pak- Beach i
County. Florida. being more oarticulvrly Oesaritted as lonows:
Conunineing of the northwest Corner of said Section 12: thence South 918' 37'33" Eist
.along the North line of said Sftclioo 12 tine North Ifne of said Section i2 is asstxhdd to
bear South W 3r3S- East and ollother bearls slated ne +din are rob ;ivs thirstot o
dsltonCO•of 29.82 feet. thence departin5 sad Section 4+e South Or 222S• fittest e
dff+lonee of 60.00 feet to the point el intersection of the South right -o:f "coy line of P.G.A
9GY1eu4rd with the East right-of—way line of tkhar 06"e OCGerdn4 t0' tRe plat "real. i
recorded in 4och
Plot Bock 77.Pv es 122 and 123. Pubic Records' of Patin County,
rtor'd : thence South 38.37.35" East dieing the South e;ght•df•woy Sri bf P.GA
800eiord o dislence of 1793,64 ►set to :r_ northwest corner of a porctfof tend described :
in 0111ei Reeord Soot 3615, Page 1717. Public Records of porn Beach County. ;
Flaridt; thence South 01• 33.39" west *long the `Nest tine of laid porceta distance of �
'177.87
facet: thence South 67' 37'39" weal a distance of 335.09 feet to the point of
curvature of 0 ew "e torte "e to the North. ho "Ting a radius el 95.00 feat. end o eentref
i` angle. 01:3=• 00'00 ": thence westerly a1on� the ors of sae come a distance of 33 06 loot to
F.. the point of tangency.: thence North 8t)' 2a'�1" west a dislonS@ of 300.0c feel to the Point
of curvature of a euf "e• tonce�# to the Horth•ha "in a sous of 95.00 feet end a central
angle of.2S• 26'00': thence westerly at* rq ins orc o` saw: :or "e a 6stanca at 42.17 toot to
the Point at tongsrcy: thence North Sa• SE el" `Hest o ddstonce of 155.04 feet: thence
South 89. 13'39^ West a distance of 648.x+ feet: thence Sonith 01.31'35" west o distonte
of 25.02 foot to a North boundary corner of P G.A. NdhenalColf Club Estates. as
recorded in Plot Book 27. P*9es 306 ono :tr7, public Records of Potm . Beach Covnty,
FIVr :00; thence conteuu South 01' 31'39' wtst aiong the. west one of $old plot a distance t
iof :8 81 feet: thence North 88. 2E':S" •+Merl o distonct of 326.73 f _etc thence north
I C1' St•::" East o distance of 235.09 feet is the o09tr OF eECIN"K.
I
Conjoining in *99.600 acres more or leas
i
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MAR -23 -99 17-31 FROM BECKERBPOl.1AKUFF
ID 407•
BECKER & POUAKOBF, P.A.
500 Australian Avenue South
C7earlake Plaza - 9th Floor
West Palm Beach, FL 33401
FACS"LE COVER SRRJ, T
Our Fax # 56I- 832,8987
DATE: March 23, 1998
xECUTErrr: 04--y p f 011M
a
RECIPIENT'S FAX NO: 775 -1414
CLIENT/MATTER: Office
FROM: Karen E. Roselli, Esq.
C#y of 11
P448N x 1119
'
Ipyi.11
TOTAL NUMBER OF PAGES:
(occludes this cover sheet)
.c�
Ca k-de n S
PRONE NO: (561) 655 -5444
RE: Longwood Condominium Association, Inc.
MESSAGE:
If you do not receive all paq , or if you have any other difficulties
with this transmission please call 561- 655 -5444.
The information contained in this "nsmissivn is aM mey pnWaged and confidential informal on intended only for
the use of Oe individual or entity named above. If the reader of this message is not the intended recipient, or Me
employee or agent responsible to deriver it to the intended recipienL you We hereby nofiflsd Chet any dissemination,
distribution or copying of this communication is s&kzy prohibited. if you have received this communication in error,
,lease immediately notify us by to %phone and reaurn the original message to us at the above address via the U.S.
Postal Service.
THANK YOU.
sttr «irr�s #aair+►a�. err+ r* usrasxews+ rtt*M a+ ��r�► w�irwesw +►s+►re�► *+� *e * ;wea ;w+r•wsssa�
Operator Accounting Copy
Sander's Copy „
Office Copy
i
1� C-
_4
MAP, -23 -98 17,71 FROM,BECKER&POLIAK
Resolution 19, 1998, which is on the agenda for the City Council meeting
scheduled for April 7, 1998, authorizes and approves a Development Agreement
between the City of Palm Beach Gardens and the Channinv, Corporation XXX, .
concerning "The Cornmons" project, and provides for the concurrent processing
of PUD petitions, together with an application for a Comprehensive Land Use
Plan Amend*nont. The application for a Comprehensive Land Use Plan
Amendment was fled by the developer in December 1997; the applications for
the PUD approval have yet to be filed. The Association does not object to the
concept of concurrent processing of these applications generally, however, in this
particular instance, there is good cause for the processing of the Comprehensive
Plan Amendment to be segregated from the PUD applications.
I
LAW OFi10ES
BECKER Be POLIAKOFF 9 P.A.
506) A=a:isn Avenue South. 9th Floor
West Palm Btac ;, Florida 3301
Phone: (561) 653.34 Fax: (751 i 832 -89x3-
FL Toll Free: (,i00) 462-7-83
Fk)fi&offi ea
;sterna: tlttp: %,'0.un.tirc!cer polial:ofr.c�m Reply To:
Adminivttativc Wire-
3111 Sut:ing Road
Ft. Lauderdale. r. 33312
FL Tot? F:w.. (800} -t32 -'?12
Wert pahm B"4
Boca Fitan•
clearwater
�'• I
FL �tvcrs
March 23, 1998
Melbourne*
n, �
Harm
7 city of
''a peG.
,, ,� ;�
0 .
VIA FACSIINILE • 775 -82x4 !�
odamo
AND U.S. MAIL pi4N 19,98
Port ehulotte-
N
, I0111% a
Mayor Joseph Russo
St. Pct "
48 Somerset Terrace
<�
Palm Beach Gardens, Florida 33418
Taliaramec
Timm
Re: Resolution 19, 1998
� 3cuh
�
�
Dear Mayor Russo:
IntamltiomlOffiees
The law firm Becker tit Poliakoff, PA represents the Longwood
&;png.
Condominium Association, Inc., which is located on the Avenue on the PGA,
Peoples Republic
and is comprised of 126 units. The Association has serious reservations and
or a,im
concerns about the proposed mixed -use development project known. as 'The
P-aee,
Common" comprised of parcels 1, 2, and 3, located alone PGA RnI11PvnrA at
Czech Republic
TLc Aveuuc utf are rUA and Hickory Drive.
Be'", SaiRerlsnd
Resolution 19, 1998, which is on the agenda for the City Council meeting
scheduled for April 7, 1998, authorizes and approves a Development Agreement
between the City of Palm Beach Gardens and the Channinv, Corporation XXX, .
concerning "The Cornmons" project, and provides for the concurrent processing
of PUD petitions, together with an application for a Comprehensive Land Use
Plan Amend*nont. The application for a Comprehensive Land Use Plan
Amendment was fled by the developer in December 1997; the applications for
the PUD approval have yet to be filed. The Association does not object to the
concept of concurrent processing of these applications generally, however, in this
particular instance, there is good cause for the processing of the Comprehensive
Plan Amendment to be segregated from the PUD applications.
I
MAR -23- 9617,32 FROM-BECKER &POLIAKOFF
ID 407 *6326967 PACE 3/11
The City of Palm Beach Gardens is presently in the process of amending their
Comprehensive Plan and the Zoning Code provisions pertaining to mixed -use districts. The
current Zoning Code and Comprehensive plan provisions pertaining to mired uses are
vague, undefined, and offer little, if any, meaningful regulations and guidelines for the
development of mixed -use projects. The proposed amendments are intended to more
specifically define the development parameters for mixed -use districts. Consequently, is is
in the best interest of the City of Palm Beach Gardens, and in particular, the residents
which will be directly affected by thin. proposed mixed -use district, if the applications are
processed under the Comprehensive Plan and Zoning Code as revised, and that they are not
processed concurrently at this time.
Based upon the foregoing, the Association respectfuily requests that you vote against
Resolution 19, 1998, and require that the application for the Comprehensive Plan
Amendment be processed and approved before the City will accept and entertain any
applications for PUD approval.
truly
N E. ROSE1Li
For the Firm
KER /sum
W. Board of Directors
Longwood Condominium Association, Inc.
UAM
MAR-23 -99 17.33 FROM-6ECKERaeOLIAKOFF
Jor 407 •*332 X9997 PAGE q/1 1
Resolution 19,1998, which is on the agenda for the City Council meeting
scheduled for April 2, 1998, authorizes and approves a Development Agreement
between the City of Palm Beach Gardens and the ''}tanning Corporation XXX,
eoncernina'Me Commone project, and provides for the concurrent processing
of PUD petitions, together with an application for a Comprehensive Land Use
Plan Amendment. The application for a Comprehensive Land Use Plan
Amendment was filed by the developer in December 1997; the applications for
the PUD approval have yet to be filed. The Association does not object to the
concept of concurrent processing of these applications generally, however, in this
particular instance, there is good cause for the processing of the Comprehensive
Plan Amendment to be segregated from the PUD applications.
LAW OFFt «g
BECKER & POL IAKOFF, P.A.
500 .oast alian Avenue South. 9th Floor
West Palm Beach, F':erdia 3:3+01
Phone: (561) 655 -54q4 Fax: (icl) 932 -8987
FL Toll Free: (M 162- " 8 3
Plorwal Offices
lnte-r.e!: http:,':'ww� .hec�e: }�nliakotE.com »epty To:
AdminigiWive Office:
3111 idling Road
Ft. taudadale. FC 33312
FL TOO Free: (WO) 432 -7: 12
West FWM Brad
Noce Roan•
CL-t ate
fl. Hvr�
March 23, 1998
HeiboumC
�fiattfi
VIA FACSItil7LE - 775 -8244
p1�
AND U.S. MAIL
Port Mulove
Councilperson David Clark
St. Petersburg
134 Satinwood Lane
craw
Palm Beach Gardens, Florida 33410
T3»zhmce
T9d1p?
Re- Resolution 19, 1998
bleat F6 such
Dear Councilperson Clark
tMIrn d0awOfis es
The taw fora Becker & Poliakoff, P.A- represents the Longwood
Condominium Association, Inc., which is located on the Avenue on the PGA,
People's Repubk
and is comprised of 126 units. The Association has serious reservations and
Of aim
concerns about the proposed mixed -use development project known as 'The
Prague.
Commons" comprised of parcels 1, 2, and 3, located along PGA Boulevard at
C2ftb RqXbk
The Avenue of the PGA and Hickory Drive.
Bern. s'- neriuid
Resolution 19,1998, which is on the agenda for the City Council meeting
scheduled for April 2, 1998, authorizes and approves a Development Agreement
between the City of Palm Beach Gardens and the ''}tanning Corporation XXX,
eoncernina'Me Commone project, and provides for the concurrent processing
of PUD petitions, together with an application for a Comprehensive Land Use
Plan Amendment. The application for a Comprehensive Land Use Plan
Amendment was filed by the developer in December 1997; the applications for
the PUD approval have yet to be filed. The Association does not object to the
concept of concurrent processing of these applications generally, however, in this
particular instance, there is good cause for the processing of the Comprehensive
Plan Amendment to be segregated from the PUD applications.
ID,gp7.932.9967 PACE 5/1:
MAR -23-99 1,,33 FROM�9ECKERSPOLIAKOFF
The City of Palm Beach Gardens is presently in the process of amending their
Comprehensive Plan and the Zoning Code provisions pertaining to mixed -use districts. The
current Zoning Code and Comprehensive Plan provisions pertaining to mixed uses are
vague, undefined, and offer little, if airy, meaningful regulations and guidelines for the
development of mixed -use projects. The proposed amendments are intended to more
specifically define the development parameters for mixed -use districts. Consequently, it is
in the best interest of the City of Palm Beach Gardens, and in particular, the residents
which will be directly affected by this proposed mixed -use district, if the applications are
processed under the Comprehensive Plan and Zoning Code as revised, and that they are not
processed concurrently at this time.
Based upon the foregoing, the Association respectfully requests that you vote against
Resolution 19, 1998, and require that the application for the Comprehensive Plan
Amendment be processed and approved before the City will accept and entertain any
applications for PUD approval.
truly yo
E. ROSELLI
For the Firm
KER jslan
cx: Board of Directors
Longwood Condominium Association, Inc.
iMM
MAR-23 -913 17.34 FHOM• BECK ER8.FOLIAKOFF 1IJ 407*632�69E17 PACE 6/11
LAW OFFiCEs
BECKER 8t POLIAK®F'F, P.A.
5W Austr_lrAn Avenue Sotah. 9th Fluor
TmT Palm &each. Florida 33441
Phone. (,W 65; -5444 Fax: (%1) 832-893.
FL Toll Free. (W 462 -?'83
FweidaOffim Internet. itap::';'a -a .�.bec'. <er- poliakuff.com
Admin3tretNe OiEice:
3121 Stirling Rand
Ft 13ud- tr&1e. F! 1:312
FLToR Free: (ADO) 132 - -12
8= il=n*
Gleam lw
Ft. Myers March 23, 1998
Mivai
VIA FACSIMILE . 775 -8244
Nipia
AIND U.S. MAIL
orlu+do
For: o"r1oue
Councilperson Eric Jablin
" Fe txwg
184 Thornton Drive
Sanwa
Palm Beach Gardens, Florida 33418
TgAhMft
TIMAO
Re: Resolution 19, 1998
vest him Bach
Dear Councilperson Jablin.
ky 4*«-]Ww«1Y
Reply To
Wcol Film Bears
Incern2dwd omm I The law firm Becker & Poliakoff, P.A. represents the Longwood
Condominium Association, Inc., which is located on the Avenue on the PGA,
ftople aad is comprised of 126 units. The Association has serious reservations and
Pcopld: a���uc P
dchin concerns about the proposed mixed -use development project known as 'The
Pope. Commons" comprised of parcels 1, 2, and 3, located along PGA Boulevard at
Cwh Republic The Avenue of the PGA and Hickory Drive.
Bern, swrturlutd
Resolution 19,1998, which is on the agenda for the City Council meeting
scheduled for April 2, 1998, authorizes and approves a Development Agreement
between the City of Palm Beach Gardens and the Channii?g Corporation XXX,
concerning "The Commons" project, and provides for the concurrent processing
of PUD petitions, together with an application for a Comprehensive Land Use
Plan Amendment The application for a Comprehensive. Land Use Plan
Amendment was filed by the developer in December 1997; the applications for
the PUD approval have yet to be filed. The Association does not object to the
concept of concurrent processing of these applications generally, however, in tale
particular instance, there is good cause for the processing of the Comprehensive
Plan Amendment to be segregated from the PUD applications.
MAP -23 -99 17.34 FROM 9ECKER3POLIAKOFF 1D 407 +632'(3987 PACE 7/11
The City of Palm Beach Gardens is presently in the process of ar_nending their
Comprehensive Plan and the Zoning Code provisions pertaining to mixed -use districts. The
current Zoning Code and Comprehensive Plan provisions pertaining to mixed uses are
vague, undefined, and offer little, if any, meaningful regulations and AWdelines for the
development of mixed -wc p,vjc,ts. The proposed amendments are intended to more
specifically define the development parameters for mixed -use districts. Consequently, it is
in the best interest of the City of Palm Beach Gardens, and in particular, the residents
which will be directly affected by this proposed mixed -use district, if the applications are
processed under the Comprehensive Plan and Zoning Code as revised, and that they are not
processed concurrently at this time.
Based upon the foregoing, the Association respectfully requests that you vote against
Resolution 19, 1998, and require that the application for the Comprehensive Plan
Amendment be processed and approved before the City will accept and entertain any
applications for PLTD approval.
e truly you
kt�: .
E. ROSEL
For the Firm
KER /slm
CC. Board of Directors
Longwood Condominium Association, Inc.
1240M
- 107 4074932 *699' PACE 9/71
MAR -23 -96 17,35 FROM BECKER&POLIAKOFF
LAW OFFICES
BECKER Sc POLIAKOFF, P.A.
>�7 Australian Avenue South, 9th Floor
'Vest Palm Huth. Florida 33401
Phone: 361) 655 -5444 Fix: (561) 332 -898,
FL roll Free: (M) 462 -%783
Fbrid Q
Interne:. help:!; Rya u.becker- ooliakof.com.
Re iv To, P.
Adminismidw Otfrcc:
3111 St!: i Road
FL Lauderdale, FL 33312
FL ToB Frm: (800) 432-77,12
West rile swab
Bore Ratan'
gearwster
Ft .4yen
March 23, 1998
bleibonme•
XWri
MIA FACSIMILE - 775424.4
.' -3
AND U.S MAM
OdUA0
Pon cbadow
Vice Mayor Lauren Furtado
S1. pe:enbM
4318 Crestdale Street
S&W0t'
Palm Beach Gardens, Florida 33410
T41hawe
T""P;
Re: Resolution 19, 1998
avts Min seach
Dear Vice Mayor Furtado:
&YeN**
XQftn= iooal Of KVS
The taw firm Becker 8t Poliakoff, PA represents the Longwood
Condominium Association, Inc., which is located on the Avenue on the PGA,
&qi°&
and is comprised of I26 units. The Association has serious reservations and
of a
concerns about the proposed mixed -use development project known as "The
PmVe.
Cotnmons" comprised of parcels 2, 2, and 3, located along PGA Boulevard at
Curls Republic
The Avenue of the PGA and Hickory Drive.
SM $witleand
Resolution 29,1998, which is on the agenda for the City Council meeting
scheduled for April 2, 1998, authorizes and approves a Development Agreement
between the City of Palm Beach Gardens and the Cbanning Corporation XXX,
concerning wne Commons' project, and provides for the concurrent processing
of PUD petitions, together with an application for a Comprehensive Land Use
Plan Amendment. Tile application for a Comprehensive Land Use Plan
Amendment was fled by the developer in December 1997; the applications for
the PUD approval have yet to be filed. The Association does not object to the
concept of concurrent processing of these applications generally, however, in thi-
particular instance, there is good cause for the processing of the Comprehensive
Plan Amendment to be segregated from the PUD applications.
MAP -23-99 17,36 FROM,BECKER &POLtAKOFF 10 407*812*69e' PACE 9/11
i
The City of Fvdm Beach Gardens is presently in the process of arnending their
Comprehensive Plan and the Zoning Code provisions pertaining to mixed -use districts. The
==;ent Zoning Code and Comprehensive Plan provisions pertaining to mixed uses are
vague, undefined, and offer little, if any, meaningful regulations and guidelines for the
development of rniY -od -use projects. The proposed amendments are intended to more
specifically define the development parameters for mixed -use districts. Consequently, it is
in the best interest of the City of Palm Beach Gardens, and in particular, the residents
which will be directly affected by this proposed mixed -use district, if the applications are
prooesssed under the Comprehensive Plan. and Zoning Code as revised, and that they are not
processed concurrently at this time.
Based upon the foregoing; the Association respectfully requests that you vote against
Resolution 19, 1998, and require that the application for the Comprehensive Plan
Amendment be processed and approved before the Gty will accept and entertain any
applications for PUD approval.
For the Firm
KER/ lm
CC. Board of Directors
Longwood Condominium Association, Inc.
MAR -23 -98 17 36
FRUM,8ECKERSPULIAKUF•F 10,407#F432 *9S9? PACE 10/11
LAW OFFICES
BECKER & POLIAKOFF,� P.A.
r)) .kistmitan Wenue South. 9th Floor
West Palm Beach. F'.cnaa 33401
Phone. (561)6;5-5444 Fax: tibli 83Z 3�) '
Ft Tut; Ftee: ii N\ 462 -7'33
Florida offices
t'F .'a rrw.:^ec ker p:; Iiak,�fE con Reply To:
AftMi ntive OtFcc:
3111 Stirling Road
F:. L•rudordile. FL 333.2
FL Td! Free: (W) +32.7' 12 wax Paba ace&
Boca Raton•
Clearwater
Ft. Myers
March 23, 19%
Melbourne
1tarm
Naples
VIA FA—CSIMTF„ E - 1754244
Orlando
AND U.S, MAIL
Pl+atlate•.
P
Pon C
Councilperson Carl Sabatello
Pete:awrg
5002 Whispering Hollow Drive
�
Palm Beach Gardens, Florida 33410
Tallahassee
TMR
Re: Resolution 19, 1998
West Ah Beach
'.r=!j.bO1,.eftm&arw.
Dear Council person Sabatello:
Pe
a ."+�
rw offices
The law ffim Becker & Poliakoff, P.A. represents the Longwood
Condominium? Association, Inc., which is located on the Avenue oa the PGA,
&Vng.
pmte'sQtp„blic
and is comprised of 126 units. The Association has serious reservations and
Of au"
concerns about the proposed mixed -use development project known as 'The
rn;uc.
Com moW comprised of parcels 2, and 3, located along PGA Boulevard at
Czech RepuWk
.1,
The Avenue of the PGA and Hickory Drive.
&m Sw=cdand
Resolution 19, 1998, which is on the agenda for the City Council meeting
scheduled for April 2, 1998, authorizes and approves a Development Agreement
between the City of Palm Beach Gardens and the Cbanni.ng Corporation VM
concerning 'The Commons" project, and provides for the concurrent processing
of PUD petitions, together with an application for a Comprehensive Land Use
Plan Amendment. The application for a Comprehensive Land Use Plan
Amer- d*lment was filed by the developer in December 1997; the applications for
the PUD approval have yet to be filed. The Association does not object to the
concept of concurrent processing of these applications generally, however, in this
particular instance, there is good cause for the processing of the Comprehensive
Plan Amendment to be segregated from the PUD applications.
-- t u . 1fI I�OJL •tltltl� rr -.vs.. a.� .
`�
. ..+n a.+ vv • ,� • . ••v... oca. r. c. icor V•.•
The City of Palen Beach Gardens is presently in the process of amending their
Comprehensive Plan and the Zoning Code provisions pertaining to mixed -use districts. The
current Zoning Code and Comprehensive Plan provisions . pertaining . to n„ x w,d uses -am - .. _
vague, undefined, 'and bier littfe, if ai , meaningful regulations and guidelines for the
development of rnhmd -use projects. The proposed amendments are intended to more
specifically define the development parameters for mixed -use districts. Consequently, it is
in the best Interest of the City of Paine Beach Gardens, and in particular, the residents
which will be directly affected by this. proposed mixed -use district, if the applications are
procowed under Lbc Comprehensive Plan and Zoning Code as revised, and that they are not
processed concurrently at this time.
Based upon the foregoing, the Association respectfully requests that you vote against
Resolution 19, 1998, and require that the application for the Comprehensive Plan
Amendment be processed and approved before the City will accept and entertain any
applications for PUD approval.
lJ
KAREN E. I
For the Firm
KER /slm
CC Board of Directors
Longwood Condominium Association, Inc.
MAR
amberlaUCCONDOMINIUM ASSOC IATION, -IhC.
2w IN THE CITY OF PALM BEACH GARDENS -�
GOLF CAPITAL OF THE WORLD
5530 Tamberlane, Palm Beach Gardens, Florida 33410
March 29, 1998
Dear Mayor Russo:
We are submitting correspondence relative to our
position regarding the proposed development on P.G.A.
Boulevard.
Thank you for your attention to and consideration of
our position on this.issue.
Very truly yours,
Bever Quinn,President
Tamberlane Committee
Mrs. Georgina Werner 622 -8436
Mrs. Peggy Scott 622 -7383
Mr. Joseph Orlando 694 -8041
L
�►iI �� CONDOMINIUM ASSOCIATION, INC.
IN THE CITY OF PALM DEACH GAHOLNS
GOLI CAIN I"AL OF TI IC WOI1LU
5530 Twnberlane, Palm Deach Gardens, Florida 33,110
' March 29, 1998
TO: Mayor Russo and Council Members
f
FROM: Tamberlane Condominium Residents
RE: Proposed development on P.G.A. Boulevard referred to
as "The Commons ", Parcels 1, 2, and 3.
Please refer to the letter of February 18, 199£3 regarding the
above proposed development. Since that date, representatives
from the condominium complexes contiguous to or adjacent;*. to parcel
one, as well as individual homeowners in the affected areas, have
met to further understand and take positions re developer's peti-
tion to request change in zoning to Mixed Use Development from
High Density Development.
The Residents of Tamberlane (136 units) are opposed to change in
Parcel 1 zoning to MXD , as we understand it. We are against Con-
current Processing for Parcel 1 since MXD is not yet an approved
zoning category in Palm Beach Gardens. Although we are not
against- concurrent processing generally speaking, we are against
it when we do not know what MXD zoning will. entail; so we would
be dealing with an unknown.
We are not addressing Parcels 2 and 3. We in the Parcel 1 area
are against rezoning to MXD. Our preference is for it to remain
R. 11. however, we could agree to a strip -on P.G.A. Boulevard be-
tween Avenue of P.G.A. and Woodland Lakes Condominium being re-
zoned to P.O. if need be, with traffic entering and exiting on
P.G.A. Boulevard.
We are not "anti everything ". However, comb' rcial buildings in
Parcel 1 would seriously diminish the quality of life for the
Hundreds of nearby condo owners. MXD is neither needed nor wanted
in Parcel 1. It would be a "poor fit" on the Boulevard that has
become more aesthetically attractive with each passing year,
thanks in part to the imagi native, lands caping and appropriate
Zoning.
We feel that MXD should serve large,new areas where it can be in-
tegrated with the residential areas to provide needed and wanted
services. We have no need. Condominium communities are quite
self - contained -- one of the many roasons the membership (owners)
were initially attracted to this modus vivendi.
Attached are names of residents of Tamberlane Condominium Asso-
ciation,Iiic. who share the views and concerns expressed in this
letter.
SEE ATTACHMENTS 1 THRU 7
We, the undersigned residents of the Tamberlane community in Palm
Beach Gardens, support the views and concerns contained in the
correspondence dated March 29, 1998 to Mayor Russo and Council
Members. We are very opposed to any changein zoning that would
allow any commercial development in Parcel 1 located at the South
East corner of P.G.A. Boulevard and the Avenue of the P.G.A.
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We, the undersigned residents of the Tamberlane community in Palm
Beach Gardens, support the views and concerns contained in the
correspondence dated March 29, 1998 to Mayor Russo and Council
Members. We are very opposed to any changein zoning that would
allow any commercial development in Parcel 1 located at the South
East corner of P.G.A. Boulevard and the Avenue of the P.G.A.
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We, the undersigned residents of the
Beach Gardens, support the views and
correspondence dated March 29, 1998
Members. We are very opposed to any
allow any commercial development in
East corner of P.G.A. Boulevard and
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We, the undersigned residents of the Tamberlane community in Palm
Beach Gardens, support the views and concerns contained in the
correspondence dated March 29, 1998 to Mayor Russo and Council
Members. We are very opposed to any changein zoning that would
allow any commercial development in Parcel 1 located at the South
East corner of P.G.A. Boulevard and the Avenue of the P.G.A.
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We, the undersigned residents of the Tamberlane community in Palm
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correspondence dated March 29, 1998 to Mayor Russo and Council
Members. We are very opposed to any changein zoning that would
allow any commercial development in Parcel 1 located at the South
East corner of P.G.A. Boulevard and the Avenue of the P.G.A.
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We, the undersigned residents of the Tamberlane community in Palm
Beach Gardens, support the views and concerns contained in the
correspondence dated March 29, 1998 to Mayor Russo and Council
Members. We are very opposed to any changein zoning that would
allow any commercial development in Parcel 1 located.at the South
East corner of P.G.A. Boulevard and the Avenue of the P.G.A.
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We, the undersigned residents of the Tamberlane community in Palm
Beach Gardens, support the views and concerns contained in the
correspondence dated March 29, 1998 to Mayor Russo and Council
Members. We are very opposed to any changein zoning that would
allow any commercial development in Parcel 1 located at the South
Eas orner of P.G.A. Boulevard and the Avenue of the P.G.A.
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7.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: ADril 2.1998
Subject/Agenda Item:
Consideration of Approval: Petition MISC- 98 -02, Gary Yanik, agent for the Steeplechase
Property Owners Association, Inc., is requesting approval for changes to its Northlake
Boulevard buffer landscaping. (23- 42S -42E)
Recommendation /Motion:
Staff recommends aDDroval of Resolution 29. 1998_
Reviewed by:
Originating Dept.:
Costs: $_0
Council Action:
Total
City Attorney
A
[ ] pproved
Growth Management
Finance N/A
$ Q
[ ] Approved wi comftions
ACM
Current FY
[ ] Denied
Human Res. N/A
Funding ource:
g
[ ]Continued to:
Advertised:
Other N/A
Date:
[ ] Operating
Attachments:
Paper:
[ x ] Not Required
[ ] Other N/A
Resolution 80, 1996
Resolution 29, 1998
Submitted by:
Affected parties
Budget Acct. #:
Map: Site Area
Landscape plan
Department Director
[ ] Notified
[ ] None
Approved by:
City Manager
[ x ] Not required
BACKGROUND:
Location, Zoning and Land Use
Gary Yanik, agent for the Steeplechase Property Owners Association, is proposing to
change the approved Northlake Boulevard buffer landscape plan adjacent to the
Steeplechase development. Steeplechase is a Planned Unit Development (PUD)
approved by Palm Beach County on August 10, 1976, and annexed into the City by
Ordinance 2, 1988. Subsequent amendments occurred when Steeplechase became a
Safe Neighborhood District by Resolution 54, 1990, and to construct a guardhouse and
perimeter buffers by Resolution 116, 1990, and Resolution 4, 1993 respectively. The
Northlake Boulevard 25' wide buffer was amended by Resolution 80, 1996 to incorporate
an 8 -foot wall with associated landscaping.
The Northlake Boulevard buffer extends from the canal on the eastern end of the
Steeplechase Community to the Florida Turnpike on the western end. This buffer is only
interrupted once by the main entrance at Steeplechase Drive. The buffer consists of Oak
trees, Ficus trees and an assortment of understory shrubs. The petitioner is proposing to
eliminate all the existing trees and shrubbery north of the existing wall, and provide new
landscaping. The proposal is needed to resolve existing utility conflicts, maintenance
problems with the existing landscaping, berm and wall, and to improve the aesthetics of
the Steeplechase buffer.
The original approved concept for the 8' -wall was to place it on top of an existing 3' to 4'
berm, between two rows of existing trees, without damaging the trees, and add new
planting to emulate existing planting. Prior to the installation of the wall, the trees needed
pruning in order to install the wall sections. Once the wall was in place, the steep grade
of the berm created a soil erosion problem, as well as a maintenance problem for the HOA.
The aesthetics of the buffer was compromised further when FP &L severely trimmed the
trees away from their utility lines next to Northlake Boulevard.
The proposed landscape plan is planned to correct the problems, as mentioned above, and
is designed to not create any future problems for the utilities or buffer maintenance. The
improvements include changing the grade of the berm. The new landscape pallet includes
small trees, such as, Bottlebrush, Silver Buttonwood, Crape Myrtle and others, shrubs
and groundcover. No Oak trees south of the wall, interior to the project, will be removed.
The petitioner is proposing to remove eight Ficus trees south of the wall, east of the main
entrance, and replace them with Oak trees to be consistent with the remaining Oak trees
south of the wall.
Building Official Jack Hanson, and City Forester Mark Hendrickson have reviewed the
plans and have no adverse comments. Seacoast Utility Authority needs a level 12' wide
access road, stabilized with Bahia sod, between the Steeplechase wall and the Turnpike
bridge retaining wall. City Engineer Tammy Jacobs recommends the embankment from
the Seacoast access road to the privacy wall be graded using a maximum 3:1 slope and
stabilized with Bahia sod. The HOA has agreed to meet these requests.
.1
RESOLUTION 80, 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING THE
STEEPLECHASE PLANNED UNIT DEVELOPMENT TO ADD
AN EIGHT -FOOT WALL AND ASSOCIATED LANDSCAPING
WITHIN THE EXISTING TWENTY -FIVE FOOT WIDE
BUFFER ALONG NORTHLAKE BOULEVARD.
WHEREAS, Palm Beach County approved Planned Unit Development zoning for
property known as Steeplechase; and
WHEREAS, the City Council 4the City of Palm Beach Gardens annexed the
development known as Steeplechase into the City pursuant to Ordinance 2, 1988
WHEREAS, the City's Planning and Zoning Department has received a petition to amend
the Planned Unit Development and recommends its approval; and
WHEREAS, the City Council has determined that the proposed amendment to the
Steeplechase Planned Unit Devejopment would be consistent with the City's Comprehensive
Plan;
N , BEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council hereby approves an amendment to the Steeplechase
Planned Unit Development, as approved on August 10, 1976 by the Palm Beach County
Commissioners and annexed into the City by Ordinance 2, 1988, to add an eight -foot wall and
associated landscaping within the existing twenty-five foot wide buffer along Northlake
Boulevard.
SECTION 2. Said approval is based on compliance with the following conditions:
1. There shall be a minimum separation of six feet from the outside edge of the wall
posts to the existing water main. Prior to the issuance of the building permit, the
applicant shall submit an indemnification acceptable to the City Attorney and the
attorney for Seacoast Utility Authority for the areas where the water main and the
wall are less than 6 feet apart.
2. Prior to the issuance of the first building permit, the Property Owner's
_l
Association, Inc. shall execute a letter indemnifying and holding harmless the City
which shall be subject to the review and approval by the City Attorney.
3. Prior to the issuance of a building permit, the applicant shall submit typical wall
details together with the structural calculations and drawings, signed and sealed
by an engineer registered in the State of Florida.
4. Prior to the issuance of a building permit, the City Engineer shall receive the
approval of the proposed construction by those utilitoes that may be occupying the
12' utility easement. "
SECTION 3. Said approval shall be consistent with plans on file with the City's Planning
and Zoning Department as follows: r 1
MNA.(_ } (4, 19 q !> . I
1 1.2, 1" 9-5 Wall Layout/Northern Buffer Plan by urban Design Studio.
Sheet L -1.
2. December 12, 1995 Typical Buffer Planting Landscape Plan by Urban Design
Studio. Sheet L -2.
3. December 17; 1995 Special Purpose Survey by Wallace Surveying Corp. 1 Sheet.
SECTION 4, This Resolution shall be effective
INTRODUCED, PASSED AND ADOPTED
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERI
�i
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILWOMAN MONROE
COUNCILMAN JABLIN
COUNCILMAN CLARK
adoption.
X 10- Fes, 1996.
1
RUSSO
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
r
t
OMAS J. B ORNEY
AYE NAY. ABSENT
J
RESOLUTION 29, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 80,1996
BY AMENDING THE APPROVED LANDSCAPE PLAN FOR THE
STEEPLECHASE PLANNED UNIT DEVELOPMENT (P.U.D.) BY
AMENDING A PORTION OF THE NORTHLAKE BOULEVARD
LANDSCAPE BUFFER, PROVIDING FOR THE REPEAL OF
RESOLUTIONS IN CONFLICT, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance 13, 1994, which approved the
City's zoning for Steeplechase as a Planned Unit Development within the City; and
WHEREAS, the City Council adopted Resolution 80, 1996, which approved an
eight -foot tall wall and associated landscaping within a twenty -five foot wide buffer along
Northlake Boulevard; and
WHEREAS, an application has been submitted seeking to amend Resolution 80,
1996 by amending a portion of the Northlake Boulevard buffer landscape plans; and
WHEREAS, the City's Growth Management Department has reviewed this
application and has determined that the amendment to the landscape plan is consistent
with the City's Land Development Regulations,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council of Palm Beach Gardens hereby approves an amendment
to Resolution 80, 1996, to revise the approved landscape plans for the Steeplechase
P.U.D. Northlake Boulevard buffer.
Section 2. Said installation shall be consistent with plans on file with the City's Growth
Management Department as follows:
1. February 18, 1998 Planting Plan, Florida Landscape Design, Sheets L -1 to
L -3.
Section 3. Said approval is based on compliance with the following condition:
1. The landscaping, per the approved plans, shall be completed within six
months from the commencement of the removal of the existing trees as
proposed.
Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of their conflict.
Section 5. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF APRIL 1998
ATTEST:
LINDA V. KOSIER
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
MAYOR JOSEPH R. RUSSO
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
AYE NAY ABSENT
STEEPLECHASE PUD
Northlake Boulevard Buffer
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- : �PITER 357 P @2 MAR 25 '98 15:09
&bf LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS, SURVEYORS S MAPPERS
MEMORANDUM
TO: Marty Minor
FROM: Tammy Jacobs
DATE: March 26, 1998
SUBJECT: Steeplechase PUD, Wall Layout/Northern Buffer (LBFH File No. 88 -933)
We have reviewed the Planting Plan received March 2, 1998 prcpared by Florida Landscape
design and Seacoast Utility Authority response memorandum. We offer the following comments:
1) The Wall Layout / Northern Buffer plan and detail sheet prepared by Urban Design Studio
was approved by Resolution 8o, 1996.
�r 2) Seacoast Utility Authority has requested a 12 -foot wide access road be provided between
the FDOT retaining wall and proposed privacy wall. Per SUA, the access road shall be
filled and graded as necessary to ensure a smooth, level surface, sloped to drain west and
stabil»ed with bahia sod. A copy of SUA's letter is attached. We recommend the
embankment from the access road to the privacy wall, as shown on section "A' of SUA's
letter, be graded using a maximum 3:1 slope and stabilized with bahia sod.
TJ
P-�P ^1513c
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Roxanne Manning
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ZON1K�
POST OFFICE BOX 727, v1UPITER, FLORIDA 33466.0727
210 JUPITER LAKES BOULEVARD, BUILDING 300C, SUITE 104 • (561) 746.9248 - FAX (561) 746 -0272
hRp :1hmww.lbfh.00m - e -mail: info (aibl'In.com
I-tiF.ST PALM OEACH IUPITER STUAKT PORT PIe'RCi OKEECHOOEE
MAR 8 rlC# 1 4 0 O PDR 2S -2E A5 P 0 1
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Product Development Resources
Facsimile Cover Sheet
To: kbtr1L
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PLANNING
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3 Old Meadow Way • Palm Beach Gardens - PL 33416-3720
561 625 -2645 voice • 561 625 -2646 fax
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: May 7, 1998
Subject/Agenda Item:
Consideration of First Reading - Revised Policy for Concurrent Applications for
Development Orders.
Recommendation /Motion:
Staff recommends approval of a new policy regarding concurrent applications for
development orders. This policy is being incorporated into the Land Development
Regulations.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
City Attorney
Planning Divisiqpr
Total
[ ] Approved
ACM
Ir
Y/
$ 0
[ ] Approved w1cmd @ions
Current FY
Other N/A
[ ] Denied
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other N/A
Ordinance 7, 1998
Memo from Carole
Wallace -Post, Esq.
Resolution 148, 1996
Resolution 59, 1994
[ x ] Not Required
Resolution 92, 1993
Submitted by:
Growth Mgt. Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ x ] Not required
BACKGROUND:
The City Council initially approved a policy for concurrent applications for development
orders through the adoption of Revolution 92, 1993 which was subsequently amended by
Resolution 59, 1994 and Resolution 148, 1996. Resolution 148, 1996 set forth the
following policy: "No applications for site plan development orders shall be accepted or
processed by the Planning and Zoning Department concurrent with, or prior to the approval
of a comprehensive plan amendment, DRls, PCDs, or PUDs, or amendments hereto."
Resolution 148 went on to state that City Council may accept and process a concurrent
Agenda Cover Memorandum Date: May 7, 1998
Page 2
application (as defined in the previous sentence) should the petitioner agree to "master
plan the property pursuant to a developer's agreement or via a unity of control document
such that the final master development plan for all properties proposed for development
shall be subject to the City Council's review and approval, based upon final action of the
Comprehensive Plan, DRI, PCD, PUD or amendment thereto."
Staff would like to recommend for Council consideration, repealing Resolution 148, 1996,
to allow for concurrent applications for development orders to be accepted, should they
meet proposed criteria. Per Council direction at the April 161 meeting, the policy has
been revised so that the City Council, based on the Growth Management
Department's recommendation, may approve or deny the acceptance and processing
site plan and PUD applications which have been submitted concurrent with an application
to amend the City's Comprehensive Plan, Land Development Regulations, a DRI, PCD or
PUD or amendments thereto when the following criteria are met:
(1) Proposed amendments to the Comprehensive Plan shall not create a use of land
which is incompatible with surrounding land uses both within and outside of the
City's municipal boundaries.
(2) No objection to proposed amendments to the Comprehensive Plan, has been raised
through the IPARC clearinghouse or Issues Forum relating to the petition. Should
an objection be filed, concurrent processing shall cease.
(3) No objection to the proposed DRI, PCD, Site Plan, or PUD has been raised by a
neighboring jurisdiction through the DRC process. Should an objection be filed,
concurrent processing shall cease.
(4) Proposed amendments to the Comprehensive Plan shall further the goals set forth
in "Our Vision - a Strategic Plan."
(5) As a condition of concurrent application approval, prior to site plan or PUD review,
proposed amendments to the Comprehensive Plan, a DRI, PCDs or PUDs must
meet either Level of Service Standards or have satisfied Concurrency.
Staff recommends that this determination be confirmed by `Council action' and the
approval of the concurrent processing request be accomplished via consensus
(motion and approval). This will streamline and expedite the development review
process, which is the intent of concurrent processing.
Agenda Cover Memorandum
Page 3
Date: May 7, 1998
Please note that the ordinance still provides a provision for a `concurrent processing
agreement' to be required, at the Council's discretion, if the City feels that there are
conditions or understandings that must be contained in a written agreement.
City Attorney, Carole Wallace Post, has recommended that the policy be codified in the
land development regulations rather than adopted by resolution. Ordinance 7, 1998 has
been prepared for your consideration.
G: \Long Range \concdev.st.wpd
April 13,1998
April 20, 1998
ORDINANCE 7, 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
AMENDMENT OF SECTION 118 -38 OF THE CODE OF
ORDINANCES, ENTITLED "SUBMISSION OF
APPLICATION", BY ADDING PROVISIONS REGARDING
THE CONCURRENT PROCESSING OF PETITIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently
does not contain any provisions regulating the concurrent processing of development
petitions;
WHEREAS, the City Council adopted Resolution 92, 1993 which was subsequently
amended by Resolution 59, 1994 and by Resolution 148, 1996 which amended and
replaced Resolutions 92, 1993 and Resolution 59, 1994 and which set forth a policy
regarding concurrent processing of applications for development orders;
WHEREAS, the City Council has determined that it is necessary to revise and codify
said policy.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. Resolution 92, 1993, Resolution 59, 1994 and Resolution 148, 1996
are hereby repealed.
SECTION 2. Section 118 -38 of the City's Code of Ordinances, entitled "Submission
of application ", is hereby amended by inserting the following provisions (added words
underlined; deleted words struck-):
(d) Concurrent processing. Where a proposed site plan /development order is
contingent upon approval of a comprehensive plan amendment (CPA). a development of
regional impact (DRI). a planned community district (PCD), a planned unit development
(PUD). or an amendment to any of the foregoing, for the subject site, the City shall not
accept or process the application for site plan review /development order prior to the final
approval and adoption of the CPA, the DRI, the PCD, the PUD, or the amendment to any
of the foregoina. subiect to the following requirements:
1. The City may accept and process the application for site plan
review /development order concurrently with the application for CPA, DRI, PCD, PUD or
amendments thereto, when, in the City Council* discretion, the following criteria are met:
a. If a CPA is proposed:
i) it shall not result in a land use which is incompatible with surrounding land uses,
including land uses within and outside the City's municipal boundaries;
ii) no objection has been raised through the Interlocal Plan Amendment Review
Committee (IPARC) Clearinghouse or Issues Forum; and
iii) the proposed CPA is consistent with and furthers the goals set forth in the City's
`vision' "Our Vision - A Strategic Plan" dated December 5, 1996.
b. If a request for DRI, PCD, or PUD, or an amendment thereto is proposed, no
objection has been raised through the Development Review Committee process by
a neighboring jurisdiction.
c. If a CPA, DRI, PCD, PUD, or amendment thereto is proposed, the plan must either
a) meet the level of services standards, or b) satisfy concurrency.
Ordinance 7, 1998
Page 2
2, If at anv time during concurrent processing. the applicant fails to satisfy any of
the aforementioned criteria, i.e. an objection is filed, then concurrent processing shall
immediately cease. The applicant is responsible to at all times meet the criteria required
for concurrent processing and bears all risks for failure of an application to proceed
accordingly.
3. At the City's discretion, an applicant may be required to enter into a Concurrent
Processing Agreement with the City. The agreement shall be submitted to the City for
review and approval and shall set forth any and all conditions for which the Citv deems
necessary to insure mater planning of the subject site by the applicant. To this end the
City may include reasonable restrictions or limitations on use of the subject si #e,
acceptance of which shall be a pre- requisite to an approval of concurrent processing. The
Concurrent Processing Agreement may be adopted by the City by resolution, and may be
amended, by agreement of the parties, by resolution.
SECTION 3. The City Clerk is hereby directed to ensure that the contents of this
ordinance be codified as part of the City Code of Ordinances.
SECTION 4. Should any section or provision of this ordinance, or any portion,
paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to
be invalid, such declaration shall not affect the validity of the remainder of this ordinance,
but only that part declared to be invalid.
SECTION 5. All ordinances and resolutions of the City, or any part thereof, which
are in conflict with this ordinance are hereby repealed.
SECTION 6. This ordinance shall be effective upon adoption.
Ordinance 7, 1998
Page 3
PLACED ON FIRST READING THIS DAY OF
PLACED ON SECOND READING THIS DAY OF
PASSED AND ADOPTED THIS DAY OF
JOSEPH R. RUSSO, MAYOR
LAUREN FURTADO, VICE MAYOR
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
m
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCIL MEMBER JABLIN
COUNCIL MEMBER CLARK
COUNCIL MEMBER SABATELLO
Ordinance 7, 1998
Page 4
..;
i
ERIC JABLIN, COUNCIL MEMBER
DAVID CLARK, COUNCIL MEMBER
CARL SABATELLO, COUNCIL MEMBER
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
RESOLUTION 148, 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
RESOLUTION 92, 1993 AND 59, 1994 AS TO THE
PROCESSING OF CONCURRENT APPLICATIONS FOR
DEVELOPMENT ORDERS; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. Resolution 92, 1993 and Resolution 59, 1994 are hereby amended and replaced
with the following policy provisions: No applications for site plan development orders shall be
accepted or processed by the Planning and Zoning Department concurrent with, or prior to the
approval of a comprehensive plan amendment, DRIB, PCDs, or PUDs, or amendment hereto.
However, the City Council may accept and process an application for a site plan
development order which has been submitted concurrent with an application to amend the City's
Comprehensive Plan, a DRI, PCD, PUD or amendments thereto when the City Council
determines that concurrent review of the proposed site plan would still result in a comprehensively
planned project. In order to assure that the project will be comprehensively planned by the
petitioner(s), the petitioner(s) shall agree to master plan the property pursuant to a developer's
agreement or via a unity of control document such that the final master development plan for all
properties proposed for development shall be subject to the City Council's review and approval,
based upon final action of the Comprehensive Plan, DRI, PCD, PUD or amendment thereto.
Notwithstanding the aforementioned exception, concurrent review shall not be allowed
when: a new Development of Regional Impact (DRI) is being proposed; a change of uses within
a previously approved PCD has been requested; an issue has been raised through the IPARC
clearinghouse or Issues Forum relating to the petition; or a text change to the City's Land
Development Regulations or Comprehensive Plan has been proposed by the City Council.
RESOLUTION 148, 1996
Page 2
r
Section 2• This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS . Cz� DAY OF OCTO R 1996.
(JO,
H'RUSSO, MAYOR
ATTEST: APPROVED AS TO LEGAL FORM
TINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY
BY:
—THOMAS J. BAIRD, CITY ATTORNEY
VOTE: AYE NAY SENT
MAYOR RUSSO
VICE MAYOR FURTADO ✓
COUNCILWOMAN MONROE ✓
COUNCILMAN JAB1 _iN ✓
COUNCILMAN CLARK �/
RESOLUTION 59, 1994
A RESOLUTION OF THE CITY COUNCIL OF PALM BEACH GARDENS,
FLORIDA, AMENDING RESOLUTION 92, 1993 WHICH ESTABLISHED A
POLICY AS TO THE PROCESSING OF CONCURRENT APPLICATIONS FOR
APPROVAL OF A DRI, PCD OR PUD AND A DEVELOPMENT ORDER
PURSUANT TO SUCH AMENDMENT; AND, PROVIDING FOR REPEAL OF
ANY RESOLUTION OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. Resolution 92, 1993 is hereby amended to add the following language as
• new paragraph in 'Section 1': The City Manager may allow acceptance and processing of
• concurrent site development order upon receipt by the Planning and Zoning Department
of an application for Notice of Proposed Change (NOPQ when concurrently filed with the
Department of Community Affairs and Treasure Coast Regional Planning Council. In no
event shall the site development order approval be granted by the City Council until the
DRI amendment is approved by the Department of Community Affairs.
Section 2. All Resolutions, or parts thereof, in conflict herewith are hereby repealed.
Section 3. This Resolution shall be effective upon date of passage.
INTRODUCED, PASSED AND ADOPTED THIS THE AY OF JUNE, 1994.
AVID CLARK, MAYOR
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
6z ���16�
VOTE: AYE NAY ABSENT
Mayor Clark ✓ _
Vice Mayor Monroe _
Councilman Russo v
Councilman Jablin _
Councilwoman Furtado _
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
PAUL R. GOLIS, ASSISTANT CITY ATTORNEY
August 2, 1993
RESOLUTION 92, 1993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, ESTABLISHING A POLICY AS TO THE
PROCESSING OF CONCURRENT APPLICATIONS FOR APPROVAL OF
A DRI. PCD OR PUD AND A DEVELOPMENT ORDER THEREUNDER. OR
AN AMENDMENT TO A DRI, PCD OR PUD AND A DEVELOPMENT
ORDER PURSUANT TO SUCH AMENDMENT; AND. PROVIDING FOR
REPEAL OF ANY RESOLUTION OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA:
$egtion 1, No concurrent applications shall be accepted or processed by the Planning and
Zoning Department which requests approval of a DRI, PCD, or PUD, or an amendment thereto, with
a simultaneous site development order prior to final action thereon by the City Council.
However, when an application to amend an existing DRI. PCD or PUD is proposed and said
DRI, PCD for PUD is due to expire within ninety (90) days of date such application Is filed, an
application to extend the time period of such development order shall be submitted and processed
concurrently.
Section 2. All Resolutions, or parts thereof, In conflict herewith are hereby repealed.
Section 3. This Resolution shall be effective upon date of passage.
INTRODUCED, PASSED AND ADOPTED THIS THE jL/ DAY OF 1993.
JOSEPH R. RUSSO, MAYOR
BY: Linda Monroe, Vice Mayor
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
yy /r
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�Na
APPROVED AS TO FORM
AIdD
i3Y: 1 ` —
C;I;V 06iF
st -it' Fax Notes
Po
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6MS
Y: Exa M. Rief, Deputy
City Clerk
VOTE:
AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR MONROE
v
COUNCILMAN JABLIN
✓ _ _
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
yy /r
�l �IUS ap&Q
�Na
APPROVED AS TO FORM
AIdD
i3Y: 1 ` —
C;I;V 06iF
st -it' Fax Notes
Po
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6MS
M E M O R A N D U M
WATTERSON, HYLAND & KLEfT, P.A.
To: Roxanne Manning
From: Carole Wallace Post
Subject: Concurrent Processing
File No: 319.056
Date: March 23, 1998
I am in receipt of the staff report and proposed resolution providing for
concurrent processing of certain applications. Rather than adopt a resolution as to the
city's policy on this matter, as had been done in the past, I suggest the policy be
codified in the city's code as part of the site plan approval regulations.
To accomplish this, we should amend sec. 118 -43, Site Plan Review, to include the
following provision:
(a) No concurrent processing. Where the proposed site plan is contingent upon
approval of a comprehensive plan amendment (CPA), a development of regional impact
(DRI), a planned community district (PCD), a planned unit development (PUD), or an
amendment to any of the foregoing, for the subject site, the City shall not accept or process
the application for site plan review /development order prior to the final approval and
adoption of the CPA, the DRI, the PCD, the PUD, or the amendment to any of the
foregoing.
(b) Exceptions. The City may accept and process the application for site plan
review /development order concurrently with the application for CPA, DRI, PCD, PUD or
amendments thereto, when, in the City's discretion, the following criteria are met:
1. If a CPA is proposed:
a) it shall not result in a land use which is incompatible with
surrounding land uses, including land uses within and without the
City's municipal boundaries;
b) no objection has been raised through the IPARC Clearinghouse
or Issues Forum; and
c) the proposed CPA is consistent with and furthers the goals set
forth in the City's vision plan "Our Vision -- a Strategic Plan" dated
Roxanne Manning
Page 2
March 23, 1998
2. If a request for DRI, PCD or PUD, or an amendment thereto is proposed, no
objection has been raised through the DRC process by a neighboring
jurisdiction.
3. If a CPA, DRI, PCD or PUD, is proposed, the proposed plan must either
a) meet the level of service standards, or b) satisfy concurrency.
(c) If at any time during concurrent processing, the applicant fails to satisfy the
aforementioned criteria, i.e. an objection is filed, then concurrent processing shall
immediately cease. The applicant is responsible to at all times meet the criteria required
for concurrent processing and bears all risks for failure of an application to proceed
accordingly.
I believe this format is more clear as to the process, the requirements and the risks.
The preceding resolutions were not very effective in this regard and their format should be
superseded.
Additional issues to consider include: (a) the LOS /concurrency requirement, is it only
as to traffic, is it as to all LOS /concurrency requirements? it is unclear what is intended; (b)
concurrent processing will cease if objections are raised by neighbors in DRC process and
IPARC clearinghouse. Are those the only times concurrency will cease? Are there are
concerns the city should build in to protect itself?
I look forward to discussing this with your further.
P: \CP \HISTORY\ 1093 \78. DOC(319.056)
r
6�-
W ATTERSON, HYLAND & KLETT
PROFESSIONAL ASSOCIATION
4100 RCA BOULEVARD, SUITE 100
PALM BEACH GARDENS, FLORIDA 33410
DAVID A. ACTON
BARRY B. BYRD
PRESTON J. FIELDS
PAUL R. GOLIS
WILLIAM). HYLAND, JR.
STANLEY DALE KLETT
CAROLE WALLACE POST
LES C. SHIELDS
TERENCE J. WATTERSON
SCOTT W.ZAPPOLO
JAMES F. MILLER,
Of Counsel
April 30, 1998
Steve Cohen, Esquire
The MacArthur Foundation
4400 PGA Boulevard, Suite 900
Palm Beach Gardens, Florida 33410
Re: Acquisition of Tennis Property
Our File No: 319.067
Dear Steve:
TELEPHONE
(561) 627 -5000
FACSIMILE
(561) 627 -5600
LYNN M. FOCHT,
Administrator
Enclosed please find another revised version of documents pertaining to the
acquisition of The Foundation property by the City of Palm Beach Gardens. These
documents incorporate the items which we discussed earlier this week as well as several
other minor changes which I have made. I would like to bring your attention to a number
of the modifications as set forth below.
1. The underlying agreement has been modified to reflect that it is now a "Lease
Purchase Agreement ". All references to the Option Agreement have been deleted. As we
discussed, we will execute the Option Agreement as a separate document as soon as the
particulars of that transaction are finalized.
2. The term of Lease has been modified to commence on Friday, May 8, 1998
and end on Monday, May 8, 2000. The closing date is scheduled for May 8, 2000.
3. The Lease Purchase Agreement may not be assigned by either party without
written consent by the other. Based upon our discussion on this matter, I have included
language which provides that The Foundation may, at its discretion, withhold such consent
to assignment. This is based upon a recognition of the materiality of the particular parties
to the transaction.
4. The Lease Purchase Agreement shall only be recorded upon full and final
acceptance of the Lease and Contract documents by the parties. Further, recordation shall
not occur prior to the expiration of the Inspection Deadline as set forth in the Contract.
Steve Cohen, Esquire
April 30, 1998
Page 2
5. 1 have modified the provision of the Lease pertaining to use of the Lease -
Purchase Property. Please review the modified language.
Also enclosed, please find a copy of a proposed site plan design for the
property. The City is still in the bidding process related to this construction, therefore, this
proposal is not intended to represent the final site plan for the property. However, it is
likely that the final site plan design will be similar in concept to this plan. It is my
understanding, based on our discussions earlier this week, that The Foundation would be
comfortable eliminating the approval provisions of the Lease if it were provided a site plan
proposal.
I expect that the proposed language of paragraph 4 of the Lease will be
acceptable based upon your review of the proposed site plan.
6. At our meeting this week we discussed - increasing the insurance provision
of the Lease from $1 million to $2 million. After further review of this item with the City, the
City feels that it is more than adequately insured at the $1 million mark.
7. With regard to the Contract for Sale and Purchase, I have completed the
following provisions to the standard FAR /BAR Contract:
a) Purchase Price: $1,266,160.00
b) Balance to close by U.S. cash: $1,266,160.00
c) Closing date: May 8, 2000
d) Assignability: Buyer may not assign this Contract.
8. In the Addendum to Contract for Sale and Purchase, I have provided for the
inspection period to expire July 8, 1998. This constitutes sixty days from the execution of
the Contract. Per our discussion on this matter, the sixty day period was acceptable to The
Foundation. Furthermore, per my discussions with the City Engineer's office, sixty days
should be sufficient time to complete its environmental audit and related assessments of
the property.
Also, I have modified the language of the inspection period provision to
specifically indicate that should the Buyer opt to cancel this Contract within the inspection
period, the parties shall be released from any further obligation under the Contract, as well
as under the Lease and Lease Purchase Agreement.
9. With regard to title insurance, the Contract provides the Seller sixty (60) days
to issue a title insurance commitment to the Buyer, pursuant to all the terms and provisions
as set forth in the Contract. Please let me know if this is adequate time to complete this
obligation. (This time frame is intended to coincide with the termination of the inspection
period, July 8, 1998).
Steve Cohen, Esquire
April 30, 1998
Page 3
10. 1 have added paragraph 15 to the Addendum for Contract and Sale which
pertains to the construction or completion of a right of way on the westerly portion of the
property, per our discussion on this matter.
Furthermore, I have included language which provides that this provision
shall survive conveyance and execution of the Warranty Deed to the Lease - Purchase
Property.
Conclusion. As we discussed, the lease purchase documents are scheduled to be
reviewed by the City Council at its May 8, 1998 meeting. If you have any comments or
concerns about these revised documents, please contact me as soon as possible. It is my
intention to have the documents in final form for the City Council Agenda package by
Friday, May 1, 1998 (this Friday).
Very truly yours,
Carole Wallace Post
Enclosures
cc: Bobbie Herakovich, City Manager .; ; i='i Zu c:,)
Kent Olson, Finance Director
P:\CP1H ISTORY12861118. DOC(319.067)
LEASE PURCHASE AGREEMENT
THIS AGREEMENT ( "Agreement') is made and entered into this day of
, 1998, by and between John D. And Catherine T. MacArthur
Foundation ( "FOUNDATION ") and the City of Palm Beach Gardens, Florida, a Florida
municipal corporation ( "CITY ").
RECITALS
A. FOUNDATION is the owner of certain real property located in Palm Beach
County, Florida, which property is more particularly described in Exhibit "A" attached hereto
and made a part hereof and which, together with 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 ") 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. Lease. The parties agree that the CITY shall lease the Lease - Purchase
Property pursuant to the terms and conditions contained in this Agreement and in the
Lease. The Lease is incorporated into this Agreement by reference as fully as if set forth
herein.
The Lease term shall be for two (2) years and shall commence on Friday, May 8,
1998 and end on Monday, May 8, 2000 ( "Lease Term "), unless sooner terminated in
accordance with the terms of this Agreement.
The Lease shall terminate and shall be of no further force and effect upon
CITY acquiring fee simple title to the Lease - Purchase Property from the FOUNDATION.
3. Contract. The parties agree that the FOUNDATION shall sell and the CITY
shall purchase the Lease - Purchase Property upon the terms and conditions contained in
this Agreement and in the Contract. The Contract is incorporated into this Agreement by
reference as fully as if set forth herein.
Notwithstanding anything to the contrary contained in the Contract, the
parties agree that the closing date shall be the earlier of: (1) Monday, May 8, 2000 (the
lease termination date) or (ii) the date of the termination of the Lease if terminated sooner.
4. Incorporation; Cross - default. The parties acknowledge that the Lease
(Exhibit "B ") and the Contract (Exhibit "C ") are not independent agreements and have no
force or effect except as incorporated and made a part of this Lease - Purchase Agreement.
Further, the parties agree that should a default occur as to any obligation or responsibility
as provided for in this Lease - Purchase Agreement, or any of the agreements attached
hereto, a default as to one agreement shall be considered a default as to all agreements
and shall relieve the non - defaulting party from all obligations and responsibilities set forth
in the Lease - Purchase agreement and all of the agreements attached thereto.
5. Assignment. This Agreement may not be assigned by either party without
written consent by the other. FOUNDATION may withhold consent at its absolute
discretion.
6. Agreement Not to Encumber. FOUNDATION agrees that it will not, without
the prior written consent of CITY: (a) encumber the Lease - Purchase Property with
mortgages, liens or other monetary encumbrance; (b) enter into any agreements
whatsoever in connection with or affecting the Lease - Purchase Property; or (c) otherwise
modify, alter or amend any existing encumbrance affecting the Lease - Purchase Property.
7. Recording. Upon full and final acceptance by the parties of the Lease and
Contract FOUNDATION and CITY shall execute and acknowledge a Memorandum of
Lease - Purchase Agreement in the form attached hereto as Exhibit "E" which shall be
recorded in the Public Records of Palm Beach County, Florida, at CITY's sole option and
expense. Recordation shall not occur prior to the expiration of the Inspection Deadline as
set forth in the Contract.
8. Entire Agreement. This Agreement represents the entire understanding and
agreement between the parties and supersedes all other negotiations, understandings and
representations (if any) made by and between the parties.
9. Amendments. 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.
2
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.
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. Notices. All notices, requests, consents and other communications required
or permitted to be given under this Agreement will be in writing (including telefax or
telecopy) and shall be sent by certified mail, postage prepaid, return receipt requested, or
shall be hand delivered or delivered by a recognized national overnight courier service, or
shall be sent by electronic communication (whether by telefax, or telecopy), addressed to
the address set forth on the Contract or to any other address or addresses as any party
may designate from time to time by notice given in accordance with this Section. Any such
notice will be deemed delivered: (a) on the date upon which the return receipt is signed
or delivery is refused or the notice is designated by the postal authority as not deliverable,
as the case may be if mailed, (b) on the date delivered by personal delivery, (c) on the date
of delivery by a recognized national overnight courier service, or (d) on the date of
transmission if sent by electronic communication.
13. Headings. The headings contained in this Agreement are for convenience
of reference only, and do not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
14. Severability. If any provision of this Agreement or any provision of any other
Agreement entered into pursuant to this Agreement is contrary to, prohibited by or deemed
invalid under applicable law or regulation, only that provision will be inapplicable and
deemed omitted to the extent it is contrary, prohibited or invalid, but the remainder will not
be invalidated and will be given full force and effect so far as possible.
15. Survival. All covenants, agreements, representations and warranties made
in this Agreement or otherwise made in writing by any party pursuant to this Agreement will
survive the execution and delivery of this Agreement and the consummation of the
transactions contemplated.
16. Waivers. The failure or delay of any party at any time to require performance
by another party of any provision of this Agreement, even if known, will not affect the right
of that party to require performance of that provision or to exercise any right, power or
remedy, and any waiver by any party of any breach of any provision of this Agreement
should not be construed as a waiver of any continuing or succeeding breach of provision,
a waiver of the provision itself, or a waiver of any right, power or remedy under this
Agreement. No notice to or demand on any party in any case will, of itself, entitle a party
to any other or further notice or demand in similar or other circumstances.
3
17. 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.
18. Remedies Cumulative. No remedy in this Agreement conferred upon any
party is intended to be exclusive of any other remedy, and each and every remedy will be
cumulative and will be in addition to every other remedy given here or now or existing in
the future at law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right, power or remedy will preclude any other.
19. Counterparts. 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. Governing 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. Independent Counsel. 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.
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
WITNESSES: JOHN D. AND CATHERINE T.
MACARTHUR FOUNDATION
By:
Name:
Title:
CITY OF PALM BEACH GARDENS
By:
Name:
Title:
5
EXHIBIT "A"
A PARCEL OF LAND LYING IN SECTION 1,
PALM BEACH COUNTY, FLORIDA; SAID
DESCRIBED AS FOLLOWS:
TOWNSHIP 42 SOUTH, RANGE 42 EAST,
PARCEL BEING MORE PARTICULARLY
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 9013, 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 01 056'52" WEST, ALONG THE EAST RIGHT -OF -WAY LINE OF SAID RIGHT -OF-
WAY DEEDED TO CITY OF PALM BEACH GARDENS, A DISTANCE OF 14.48 FEET TO
THE NORTHWEST CORNER OF THE PLAT OF GARDEN LAKES & GARDEN SQUARE
SHOPS, AS RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 88 037'35" 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 01 051'21" EAST,
DEPARTING SAID NORTH LINE, A DISTANCE OF 745.09 FEET; THENCE SOUTH
88 032'14" 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 °43'27" EAST; THENCE SOUTHEASTERLY ALONG SAID WESTERLY
RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 03 016'38 ", 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 88 °37'35 WEST,
ALONG SAID NORTH PLAT LINE, A DISTANCE OF 1108.72 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINING 15.03 ACRES, MORE OR LESS.
and
A PARCEL OF LAND LYING IN SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE - QUARTER OF SAID
SECTION 2; SAID POINT BEING A POINT ON THE CENTERLINE OF A PALM BEACH
COUNTY RIGHT -OF -WAY (A 100 FOOT RIGHT -OF -WAY), AS SHOWN ON THE PLAT
OF SHADY LAKES, AS RECORDED IN PLAT BOOK 43, PAGE 6, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; ALSO BEING THAT CERTAIN RIGHT -OF -WAY
DEEDED TO THE CITY OF PALM BEACH GARDENS, RECORDED IN OFFICIAL
RECORDS BOOK 9013, PAGE 1150, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROCEED NORTH 88 023'40" WEST, ALONG THE EAST -WEST ONE -
QUARTER SECTION LINE OF SAID SECTION 2, A DISTANCE OF 50.00 FEET TO THE
NORTHEAST CORNER OF SAID PLAT OF SHADY LAKES AND THE SOUTHEAST
CORNER OF DUNCAN B. WATSON SCHOOL SITE AA; THENCE NORTH 01 051'21"
EAST, ALONG THE EAST LINE OF SAID SCHOOL SITE, A DISTANCE OF 1194.18 FEET
TO THE NORTHEAST CORNER OF SAID SCHOOL SITE; THENCE CONTINUE NORTH
01 051'21" EAST, ALONG THE NORTHERLY PROLONGATION OF SAID EAST LINE OF
SAID SCHOOL SITE, A DISTANCE OF 80.00 FEET; THENCE SOUTH 88 022'49" 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 88 032'14"
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 01 056'52" 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 \H ISTORY\2861 \7. DOC(319.067)
7
EXHIBIT "B"
(to Lease - Purchase Agreement)
LEASE
THIS AGREEMENT, entered into this day of , 1998, by and between the
JOHN D. and CATHERINE T. MACARTHUR FOUNDATION, an Illinois not - for - profit corporation
(hereinafter called "Lessor"), and the CITY OF PALM BEACH GARDENS, a municipal corporation
organized and existing under the laws of the State of Florida (hereinafter called "Lessee ").
WITNESSETH:
1. DEMISE. In consideration of the covenants, terms, conditions and agreements
hereinafter set forth, Lessor hereby leases to Lessee and Lessee hereby takes from Lessor, the
real property more fully described on Exhibit "A" attached hereto and made a part hereof
(hereinafter the "Lease- Purchase Property "), consisting of _�3 acres more or less, together with any
and all improvements and fixtures now or hereafter located thereon and all right to use and enjoy
all wells, irrigation, installations, pipes and fixtures located upon the Lease - Purchase Property,
SUBJECT HOWEVER, TO THE FOLLOWING:
(a) Any state of facts which an accurate survey may show;
(b) Present and future zoning laws, ordinances, resolutions and regulations of the city,
in which the Lease - Purchase Property is located and all present and future ordinances, laws,
regulations and orders of all boards, bureaus, commissions and bodies of any municipal, county,
state or federal sovereigns now or hereafter having or acquiring jurisdiction over or affecting the
Lease - Purchase Property and the use and improvement thereof ( "Laws ");
(c) Violations of law, ordinances, orders or requirements, whether or not recorded or
noted, of any federal, state or municipal departments or authority having jurisdiction against or
affecting the Lease - Purchase Property as may exist on the date of the commencement of the term
of this lease; and
(d) Condition and state of repair of the Lease - Purchase Property on the date of the
commencement of the term of this lease.
This lease is granted and accepted upon the foregoing and upon the following covenants
and conditions, and subject to the following restrictions, to all and every one of which the parties
consent; and each of the parties hereby expressly covenants and agrees to keep, perform and
observe all the terms, covenants and conditions herein contained on its part to be kept, performed
and observed.
2. TERM OF LEASE. The term of this lease shall be for a period commencing Friday, May
8, 1998, and ending Monday, May 8, 2000.
3. RENT. Lessee shall pay to Lessor as rent for the use and possession of the Lease -
Purchase Property, the total sum of $1.00 per year. Payment shall be made to John D. and
Catherine T. MacArthur Foundation at 4400 PGA Boulevard, Suite 900, Palm Beach Gardens, FL
33410, or at such other place and to such other person as Lessor may designate in writing.
4. USE OF LEASE - PURCHASE PROPERTY. The Lease - purchase Property shall be
used and occupied by Lessee for the term of this lease for the sole purpose of constructing,
maintaining and operating parks and recreational facilities. During the lease term, Lessee may
construct parks, public tennis courts and other related recreational facilities, together with roadway,
drainage and utility improvements collectively referred to herein as "Improvements."
Prior to constructing Improvements, Lessee shall provide to Lessor, for review by Lessor,
a copy of the site plan design for the Lease - Purchase Property. Lessee agrees to use its best
efforts to reasonably accommodate Lessor's concerns, if any, related to Lessee's site plan design
for the Lease - Purchase Property. Lessor shall execute and deliver to Lessee such authorizations,
approvals, agreements or consents as may be required to secure building permits and
development approvals for the construction of the Improvements; provided, however, Lessor shall
not incur any expense in connection with the forgoing and any such fees, costs or expenses shall
be the responsibility of the Lessee.
During the lease term, Lessee shall not (a) use any portion of the Lease - Purchase Property
for purposes not related to the maintenance and operation of a park and /or recreational facility; (b)
use the Lease - Purchase Property for the erection of a communications tower; (c) keep or store or
allow to be kept or stored on the Lease - Purchase Property, maintenance equipment or tools which
are not sufficiently screened or stored to the satisfaction of Lessor. Lessor agrees that
communication antennas may be located on light poles serving the improved areas of the Lease -
Purchase Property .
Lessee agrees that operation and maintenance of the improved portion of the Lease -
Purchase Property shall be in compliance with all laws. Lessee agrees that the permitted use of
the Lease - Purchase Property has been specifically bargained for and constitutes a separate and
material consideration and inducement to Lessor for entering into this lease with Lessee.
5. MAINTENANCE. Lessee shall, at Lessee's sole cost and expense, keep, maintain,
repair and replace the Lease - Purchase Property, all improvements thereon and all facilities
appurtenant thereto, including structures and facilities in good order and repair and in a safe and
clean condition, and free of rubbish, trash, debris, unlawful obstructions, and free of weeds, brush
and undergrowth.
6. REPRESENTATIONS. Lessee covenants and warrants that Lessee has inspected the
Lease - Purchase Property and is fully familiar with its physical condition, and Lessee takes the
Lease - Purchase Property in its "as -is" condition. Neither Lessor nor any of its directors, officers,
employees, agents and independent contractors have made any representations or warranties
which have been or will be relied upon by Lessee about or in connection with the Lease - Purchase
Property, its condition, location, drainage, or the use to which the Lease - Purchase Property can
be put.
7. COMPLIANCE WITH LAW AND INSURANCE POLICY REQUIREMENT. Throughout
the term of this lease, Lessee, at Lessee's sole cost and expense, shall promptly comply with all
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present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state
and municipal governments, departments, commissions, boards and officers, foreseen or
unforeseen, ordinary as well as extraordinary, which may be applicable to or affect the Lease -
Purchase Property and the water management of the Lease - Purchase Property (including but not
limited to swales, canals, culverts and drainage structures adjoining or serving the Lease - Purchase
Property), and the use or manner of use of the Lease - Purchase Property by Lessee or any
occupants thereof, whether or not such law, ordinance, order, rule, regulation or requirement shall
necessitate changes or improvements or interfere with the use and enjoyment of the Lease -
Purchase Property, and whether or not such compliance is required by reason of any condition,
event or circumstance existing prior to or after the commencement of the term of this lease.
Lessee shall likewise observe and comply with the requirements of all insurance companies,
boards of insurance underwriters and policies of public liability, fire and all other policies of
insurance required to be carried by Lessee at any time with respect to the Lease - Purchase
Property, or any portion thereof whether or not such observance or compliance is required by
reason of any condition, event or circumstance existing prior to or after the commencement of the
term of this lease.
Lessee shall, in the event of any violation or any attempted violation of the provisions of this
Section by any permitted subtenant, take steps, immediately upon knowledge of such violation or
attempted violation, to remedy or prevent the same as the case may be.
7.1 Lessee's Right to Contest Compliance. Lessee shall have the right to contest in
good faith, at Lessee's sole expense and liability, the applicability of any laws and the right not to
comply with same provided that (a) Lessee promptly notifies Lessor of its intent to so contest and,
from time to time, of the progress of such contest, and, (b) that Lessee's non - compliance during
Lessee's contest shall not cause Lessor to be subject to any civil or criminal liability nor cause
Lessor's interest in the Lease - Purchase Property or any part thereof to be in imminent danger of
being foreclosed, forfeited, sold or lost, and (c) that Lessee's non - compliance during Lessee's
contest shall not cause Lessee to be subject to any criminal liability, and (d) Lessee deposits with
Lessor (1) an amount reasonably determined to be sufficient by Lessor to comply with same or (2)
a bond by a surety company approved by Lessor in an amount reasonably determined to be
sufficient by Lessor to provide for the full cost of compliance with same in the event that Lessee
shall be unsuccessful, and (e) such contest shall be without expense or liability to Lessor. Lessee
shall indemnify, defend and hold harmless Lessor from and against all costs, expenses, claims,
losses, liabilities and damages by reason of or arising or resulting from such contest or proceeding
or Lessee's failure to forthwith observe or comply with any such laws.
7.2 Health and Environmental Definitions.
A. The term "Environmental Law" means and includes, without limitation, any
federal, state or local law, statute, regulation or ordinance pertaining to health, industrial hygiene
or the environmental or ecological conditions in, on, under, above or about the Lease - Purchase
Property , including without limitation each of the following: the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended ( "CERCLA "), 42 U.S.C. Sec. 9601
et sea.; the Resource Conservation and Recovery Act of 1976, as amended ( "RCRA "), 42 U.S.C.
Sec. 6901 et seq.; the Florida Environmental Protection Act of 1971, Fla. Stat. Ann. Sec. 403.412
3
et $eq.; Florida Air & Water Pollution Control Act, Fla. Stat. Ann. Sec. 403.011 et sea.; Water and -
Land Management Act of 1972, Fla. Stat. Ann. Sec. 380.012 et seq.; Land Conservation Act of
1972, Fla. Stat. Ann. Sec. 259.01 et seq.; Environmental Reorganization Act of 1975, Fla. Stat.
Ann. Sec. 403.801 et seq.; the Clean Air Act, as amended, 42 U.S.C. Sec. 1857 et sea.; the
Federal Water Pollution Control Act, as amended, 33 U.S.C. Sec. 1251 et sea.; and the rules,
regulations and ordinances of the U.S. Environmental Protection Agency, the U.S. Army Corps of
Engineers, the Florida Department of Environmental Regulation, the County of Palm Beach, and
of all other agencies, boards, commissions and other governmental bodies and officers having
jurisdiction over the Lease - Purchase Property or the use or operation thereof.
B. The term "Hazardous Substance" means and includes, without limitation:
(1) those substances included within the definitions of "hazardous
substances," "hazardous materials," "toxic substances" or "solid waste" in any of
CERCLA, RCRA, the Florida Environmental Protection Act and the Hazardous
Materials Transportation Act (49 U.S.C. Sec. 1801 et seq.) and in regulations
promulgated pursuant thereto;
(ii) those substances listed in the U.S. Department of Transportation Table
or amendments thereto (49 CFR 172.101) or by the U.S. Environmental Protection
Agency (or any successor agency) as hazardous substances (40 CFR Part 302 and
any amendments thereto);
(iii) those other substances, materials and wastes which are or become
regulated under any applicable federal, state or local law, regulation or ordinance
or by any federal, state or local governmental agency, board, commission or other
governmental body, or which are or become classified as hazardous or toxic by any
such law, regulation or ordinance; and
(iv) any material, waste or substance which is any of the following: (a)
asbestos; (b) polychlorinated biphenyls; (c) designated or listed as a "hazardous
substance" pursuant to Sec. 311 or Sec. 307 of the Clean Water Act (33 U.S.C.
Sec. 1251 et seq.); (d) explosive; or (e) radioactive.
7.3 Health and Environmental Requirements,
A. Lessee shall not install, use, generate, manufacture, produce, store, release,
discharge or dispose of on, under or about the Lease - Purchase Property, nor transport to or from
the Lease - Purchase Property, any Hazardous Substance nor allow any other person or entity to
do so except in amounts and under conditions permitted by applicable laws, regulations and
ordinances.
B. Lessee shall keep and maintain the Lease - Purchase Property in compliance
with, and shall not cause or permit the Lease - Purchase Property to be in violation of, any
Environmental Law.
C. Lessee shall give prompt written notice to Lessor of:
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(1) any proceeding, investigation or inquiry commenced by any -
governmental or quasi - governmental authority with respect to the presence of any
Hazardous Substance on, under or about the Lease - Purchase Property or the
migration thereof to or from any adjoining Property ;
(ii) all claims made or threatened by any person or entity against Lessee or
the Lease - Purchase Property relating to any loss or injury allegedly resulting from
any Hazardous Substance; or
(iii) the discovery by Lessee of any occurrence or condition on any real
property adjoining or in the vicinity of the Lease- Purchase Property which might
cause the Lease - Purchase Property or any part thereof to be subject to any
restriction on the ownership, occupancy, transferability or use of the Lease -
Purchase Property under any Environmental Law.
D. Lessor shall have the right and privilege to: (1) join in and participate in, as a co-
party with Lessee, if it so elects, any one or more of any such legal proceedings or actions so
initiated with respect to the Lease- Purchase Property.
E. Lessor shall have the right and privilege, but not the obligation to enter upon the
Lease- Purchase Property at any time during the term of the Lease for the purpose of installing, at
Lessee's expense, such additional facilities as it may deem appropriate to further prevent or
minimize risk of release or discharge of a Hazardous Substance as a result of Lessee's activities.
7.4 Remedial Work. If any investigation, site monitoring, containment, cleanup, removal,
restoration or other remedial work of any kind or nature (the "Remedial Work ") is reasonably
necessary or desirable, at any time during the term of this lease or subsequent to the expiration
hereof or to the termination hereof or Lessee's right of possession hereunder, under any applicable
federal, state or local law, regulation or ordinance, or under any judicial or administrative order or
judgment, or by any governmental official, board, commission or agency, because of or in
connection with the presence, suspected presence, release or suspected release of a Hazardous
Substance on, in or into the air, soil, groundwater, or surface water at, on, about, above, under,
within or adjacent to the Lease - Purchase Property, or any portion thereof, as a result of Lessee's
activities on or after the commencement of the term of this lease, Lessee shall, within thirty (30)
days after written demand for performance by Lessor, or within such shorter time as may be
required under any applicable law, regulation, ordinance, order or agreement, commence or cause
to be commenced and thereafter diligently prosecute or cause to be diligently prosecuted to
completion all such Remedial Work. All Remedial Work shall be performed by contractors
approved in advance by Lessor and under the supervision of a consulting engineer approved in
advance by Lessor. All costs and expenses of such Remedial Work, including without limitation
the reasonable fees and expenses of Lessor's counsel, and in connection with monitoring or review
of the Remedial Work shall be paid by Lessee. If Lessee fails to diligently prosecute to completion
such Remedial Work, such failure shall constitute a breach of this lease and lessor may proceed,
at its option, as provided hereinafter.
8. NUISANCES. Lessee shall not use or allow the Lease - Purchase Property to be used
for any unlawful purpose or in violation of any certificate of occupancy or permit covering or
5
affecting the use of the Lease - Purchase Property or any part thereof or which may constitute a
nuisance, public or private, or which may make void or voidable any insurance then in force with
respect thereto.
9. WASTE. Lessee shall not commit or permit the commission by others of any waste or
damage to the Lease - Purchase Property or any part thereof. Lessee hereby acknowledges and
agrees that Lessee shall not search for or develop gas, petroleum or minerals that might be on or
below the surface of the Lease - Purchase Property.
10. RELEASE OF LIABILITY. All persons and property of any kind at any time on or about
the Lease - Purchase Property shall be at the sole risk of Lessee, and Lessor shall have no
responsibility for and will not be liable for any damage to or destruction of any property or for
personal injury to anyone on or about the Lease - Purchase Property by any cause whatsoever.
It is understood and agreed that nothing under the terms of this lease or any usage of the Lease -
Purchase Property will render Lessor liable for injury to any persons or for damage to property of
Lessee, Lessee's employees, agents, servants, contractors or invitees and Lessee hereby releases
Lessor from any and all liability in connection therewith. Lessee agrees to use and occupy the
Lease - Purchase Property at Lessee's own risk, and hereby for Lessee and all persons claiming by,
through or under Lessee, releases Lessor from all claims and demands of every kind resulting from
any accident, damage or injury occurring on or about the Lease - Purchase Property.
11. UTILITIESITAXES. Lessee shall pay (a) all charges of any sort for water, gas,
electricity and other utilities furnished to or used on the Lease - Purchase Property , and (b) all taxes
and all other fees or charges accruing or due with respect to any activity conducted by Lessee on
the Lease - Purchase Property, including all license and permit fees. Lessor shall not be required
to fumish to Lessee any facilities or services of any kind whatsoever during the term hereof, such
as, but not limited to, water, gas, electricity, light and power. In no event shall Lessor be liable for
any interruption or failure in the supply or service of any such utilities to the Lease - Purchase
Property.
12. LESSOR'S RIGHT OF ENTRY. Lessee shall permit Lessor and Lessor's authorized
representatives to enter the Lease - Purchase Property at all reasonable times for the purpose of
inspecting and surveying the same or performing any work therein that may be necessary by
reason of Lessee's failure to make any repairs or perform any such work or to commence the same
within two (2) days after written notice from Lessor (or without notice in case of emergency).
Lessor shall not be liable for inconvenience, annoyance, disturbance, or other damage to Lessee
by reason of making such repairs or the performance of any such work, or on account of bringing
materials, tools, supplies and equipment onto the Lease - Purchase Property during the course
thereof and the obligations of Lessee under this lease shall not be affected thereby. Nothing herein
shall imply any duty upon the part of Lessor to do any such work; and performance thereof by
Lessor shall not constitute a waiver of Lessee's default in failing to perform the same.
13. INSURANCE. Lessee covenants and agrees to maintain in full force throughout the
term of this lease, at Lessee's own cost and expense, one or more policies of comprehensive
general public liability, automobile liability and property damage insurance insuring Lessee and
Lessor (and such other person or persons designated by Lessor) against claims for personal injury,
death and property damage occurring on or about the Lease - Purchase Property. Each such policy
0
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shall contain a provision that it cannot be canceled or amended, insofar as it relates to the Lease -
Purchase Property, without at least thirty (30) days prior written notice to Lessor. The limits of
liability of such insurance shall be not less than one million dollars ($1,000,000.00) combined
personal injury and broad form property damage.
Lessee covenants and agrees to maintain in full force throughout the term of this lease, at
Lessee's own cost and expense, all insurance required by ordinance, law or governmental
regulation.
In addition to any other insurance required by this lease, Lessee covenants and agrees to
maintain in full force throughout the term of this lease, at Lessee's own cost and expense,
insurance coverages normal for insurance against damage or injury which might be caused by the
nature of the operations Lessee conducts upon the Lease - Purchase Property.
Upon the execution of this lease, and thereafter prior to the expiration dates of existing
policies furnished pursuant to this Section, duplicate originals of the policies or certificates of the
insurers bearing notations evidencing the payments of premiums or accompanied by other
evidence satisfactory to Lessor of such payment, shall be delivered to Lessor by Lessee. In the
event of Lessee's failure, in whole or in part, at any time during the term hereof, to obtain insurance
required to be carried by Lessee under any provisions of this Lease or to provide such evidence
thereof in timely fashion, Lessor shall have the right (but shall not be obligated) to procure such
insurance and Lessee shall pay to Lessor the costs and expenses thereof.
14. QUIET„ ENJOYMENT. Lessee, upon paying the rent and performing the other terms,
covenants and conditions of this lease on Lessee's part to be performed, shall and may, at all times
during the term of this lease peaceably and quietly have, hold and enjoy the said Lease - Purchase
Property free of molestation by Lessor, subject, however, to the exceptions, reservations and
conditions of this lease.
15. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease, nor sublet the
Lease - Purchase Property, or any part thereof without the prior written consent of Lessor, which
Lessor may withhold in its absolute discretion. Lessee covenants and agrees that Lessor's
prohibition of assignment and subletting of the Lease - Purchase Property have been specifically
bargained for and constitute a separate and substantial consideration and inducement to Lessor
for entering into this lease.
16. CONSTRUCTION LIENS. Lessee shall have no power to and shall not subject the
Lease - Purchase Property or Lessor's interest in the Lease - Purchase Property to any construction,
laborer's, materialman's or other liens. If any construction or other liens or order for the payment
of money shall be filed against the Lease - Purchase Property or any building or improvement
thereon by reason of or arising out of any labor or material furnished or alleged to have been
furnished or to be furnished to or for Lessee at the Lease - Purchase Property, or for or by reason
of any change, alteration or addition or the cost or expense thereof or any contract relating thereto,
Lessee shall cause the same to be canceled and discharged of record, by bond or otherwise as
allowed by law at the expense of Lessee, within five (5) days after written demand therefor, and
shall also defend on behalf of Lessor at Lessee's sole cost and expense, any action, suit or
proceeding which may be brought thereon or for the enforcement of such liens, or orders, and
7
Lessee will pay any damages and satisfy and discharge any judgement entered therein and save
harmless Lessor from any claim or damage resulting therefrom. Lessee's failure to comply with
this Section shall give Lessor the right to avail itself of the remedies provided to it by this lease,
upon the expiration of said demand, without any additional or other notice.
In order to comply with the provisions of Section 713. 10, Florida Statutes, as presently in
effect or as may hereafter be amended, it is specifically provided that neither Lessee nor anyone
claiming by, through or under Lessee, including contractors, subcontractors, materialmen,
mechanics and laborers shall have any right to file or place any construction or materialmen's liens
of any kind whatsoever upon the Lease - Purchase Property nor upon any building or improvement
thereon, and any such liens are hereby specifically prohibited. All such persons so dealing with
Lessee must look solely to the credit and interest of Lessee and not to Lessor's interest or assets.
17. LESSEE'S INDEMNIFICATION OF LESSOR Lessee shall indemnify and save
harmless Lessor against and from all liabilities, obligations, damages, penalties, claims, costs,
charges and expenses, including reasonable engineers' and attorneys' fees, which may be
imposed upon, incurred by or asserted or claimed against Lessor and /or Lessor's agents by reason,
of any of the following occurrences during the term of this lease:
(a) Any work or thing done in, on or about the Lease - Purchase Property or any part
thereof by Lessee or any party other than Lessor or Lessor's agents;
(b) Any use, non -use, possession, occupation, condition, operation, maintenance or
management of the Lease - Purchase Property or any part thereof;
(c) Any negligence on the part of Lessee or any of Lessee's agents, contractors,
servants, employees, sublessees, licensees or invitees with respect to the Lease - Purchase
Property;
(d) Any accident, injury to or death of any person or damage to Lease - Purchase
Property occurring on the Lease - Purchase Property or any part thereof;
(e) Any failure on the part of Lessee or anyone holding by, through or under Lessee to
perform or comply with any of the covenants, agreements, terms, provisions, conditions or
limitations contained in this lease on Lessee's part to be performed or complied with.
If any action or proceeding is brought against Lessor or Lessor's agents or any claim
asserted against Lessor or Lessor's agents arising from or in any way relating to anything
described in Section 17 (a) through (e) above, then Lessee shall at Lessee's expense, resist or
defend such claim or action or proceeding by counsel approved by Lessor in writing, which
approval Lessor agrees not unreasonably to withhold. If Lessee has supplied Lessor with
insurance policies covering any of the aforementioned risks, no claim shall be made against Lessee
unless and until the insurer shall fail or refuse to defend and /or pay all or any part thereof.
18. EMINENT DOMAIN. In the event that the entire Lease - Purchase Property shall be
taken under any condemnation or eminent domain proceedings or by private purchase under threat
of condemnation during the term hereof, or in the event any portion of the Lease - Purchase
Property shall be taken in any such proceedings and the remaining portion shall not be suitable -
or adequate for the uses and purposes for which the Lease - Purchase Property is being utilized
by Lessee, then, and in any such event, this lease shall terminate on the date of such taking, and
any rental paid in advance shall be apportioned and promptly refunded to Lessee.
If a portion of the Lease - Purchase Property shall be taken under any condemnation or
eminent domain proceedings or by private purchase under threat of condemnation during the term
hereof, and the remaining portion of the Lease - Purchase Property not taken or condemned shall
be suitable and adequate for the uses and purposes of Lessee, permitted by this lease, then, in
such event, this agreement shall be and remain unaffected by such condemnation or eminent
domain proceedings as to such remaining Lease- Purchase Property unaffected by such
proceeding, except that, effective as of the date of such taking, the rental shall be diminished by
an amount representing the part of the rental applicable to that portion, if any, of the Lease -
Purchase Property, which is so condemned or taken.
All compensation awarded or paid upon a total or partial taking of the Lease - Purchase
Property, including the value of the leasehold estate created hereby, shall belong to and be the
Property of Lessor without any participation by Lessee; provided, however, that nothing contained
herein shall be construed to preclude Lessee, at Lessee's sole cost and expense, from
independently prosecuting any claim directly against the condemning authority for loss of business,
and /or depreciation to, damage to, and /or cost of removal of and /or for the value of stock and /or
trade fixtures, furniture and other personal property belonging to Lessee; provided, however, that
no such claim shall diminish or otherwise adversely affect Lessor's award or other awards of any
and all ground and underlying Lessors or mortgagees.
19. DEFAULT.
19.1 Each one or more of the following events shall be deemed a default by Lessee
and a breach of this lease:
(a) Lessee's failure to observe, perform or comply with any of the terms,
covenants or conditions in this lease;
(b) The adjudication of Lessee as insolvent or bankrupt; the taking by Lessee
of the benefit of any other insolvency act or procedure, which term includes any form of proceeding
for reorganization or arrangement or rearrangement under any present or future state or federal
bankruptcy act, as well as an assignment for the benefit of creditors; or the appointment of a
receiver or liquidator on behalf of Lessee which remains undischarged for thirty (30) days;
(c) The abandonment of the Lease - Purchase Property by Lessee.
If a default shall occur, Lessor at any time thereafter may, at its option, give Lessee
thirty (30) days written notice of default stating that if the default is not cured at the expiration of
said thirty (30) days, this lease and the term hereby demised shall expire and terminate and all
rights of Lessee under this lease shall expire and terminate and Lessee will then quit and
peacefully surrender the Lease - Purchase Property to Lessor, but Lessee shall remain liable as
hereinafter provided.
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19.2 Upon a default of this lease, Lessee shall quit and peacefully surrender the
Lease - Purchase Property to Lessor, and Lessor, upon or at any time after any such expiration or
termination, may, without further notice, enter upon and reenter the Lease - Purchase Property and
possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and
may dispossess Lessee and remove Lessee and all other persons and property from the Lease -
Purchase Property and may have, hold and enjoy the Lease - Purchase Property.
19.3 At any time, or from time to time, after any such default, Lessor may relet the
Lease - Purchase Property or any part thereof for such term or terms (which may be greater or less
than the period which would otherwise have constituted the balance of the term of this lease) and
on such conditions (which may include concessions or free rent and alterations of the Lease -
Purchase Property ) as Lessor, in Lessor's sole discretion, may determine and Lessor may collect
and receive the rents therefore. Lessor shall in no way be responsible or liable for any failure to
relet the Lease - Purchase Property or any part thereof, or for any failure to collect any rent due
upon any such reletting.
19.4 No such default of this lease shall relieve Lessee or Lessee's liability and
obligations under this lease, and such liability and obligations shall survive any such default.
19.5 Lessee hereby expressly waives, so far as permitted by law, the service of any
notice of intention to reenter provided for in any statute, and except as is herein otherwise provided,
Lessee, for and on behalf of Lessee and all persons claiming by, through or under Lessee
(including any leasehold mortgagee or creditor), also waives any and all right of redemption or
reentry or repossession if Lessee shall be dispossessed by a judgment or by warrant of any court
or judge or in case of reentry or repossession by Lessor or in case of any expiration or termination
of this lease. The terms "enter ", "reenter ", "entry",
ry or "reentry", as used in this lease are not
restricted to their technical legal meanings.
19.6 No failure by Lessor to insist upon the strict performance of any agreement,
term, covenant or condition hereof or to exercise any right or remedy consequent upon a breach
thereof, shall constitute a waiver of any such breach or of such agreement, term, covenant or
condition. No agreement, term, covenant or condition hereof to be performed or complied with by
Lessee, and no breach thereof, shall be waived, altered or modified except by a written instrument
executed by Lessor. No waiver of any breach shall affect or alter this lease, but each and every
agreement, term, covenant and condition hereby shall continue in full force and effect with respect
to any other then existing or subsequent breach thereof.
19.7 In the event of any breach or threatened breach by Lessee of any of the
agreements, terms, covenants or conditions contained in this lease, Lessor shall be entitled to
enjoin such breach or threatened breach and shall have the right to invoke any right and remedy
allowed at law or in equity or by statute or otherwise, through reentry, summary proceedings or
otherwise, whether or not provided for in this lease.
19.8 Each right and remedy provided for in this lease shall be cumulative and shall
be in addition to every other right or remedy provided for in this lease or now or hereafter existing
at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by
Lessor or Lessee of any one or more of the rights or remedies provided for in this lease or now or
WC
hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous . l
or later exercise by the party in question of any or all other rights or remedies provided for in this
lease or now or hereafter existing at law or in equity or by statute or otherwise.
20. LESSOR'S RIGHT TO PERFORM LESSEE'S COVENANTS. If Lessee shall at any
time fail to make any payment or perform any act on its part required to be made or performed by
this lease, then Lessor, after thirty (30) days written notice to Lessee, or without notice in case of
an emergency, and without waiving or releasing Lessee from any obligation of Lessee contained
in this lease or from any default by Lessee and without waiving Lessor's right to take such action
as may be permissible under this lease as a result of such default, may, but shall be under no
obligation to, make any payment or perform any other act on Lessee's part required to be made
or performed by this lease. If Lessor at any time so elects or is compelled by any other person to
cure any breach by Lessee, or is compelled to incur any other expense arising out of any breach
of this lease by Lessee (including, without limitation, reasonable attorneys' fees, engineering and
expert witness fees, and disbursements in instituting, prosecuting or defending any suits, actions
or proceedings to enforce Lessor's rights under this or any other Section of this lease or otherwise),
the sum or sums so paid by Lessor, with all interest, costs and damages, shall be paid by Lessee
to Lessor within forty -five (45) days following written demand. Such expenses may be recovered
in the same action or proceeding forming the basis of default.
21. HOLDING OVER. If Lessee remains in possession of the Lease - Purchase Property
after the expiration of the term hereof and fails to acquire fee simple title to the Lease - Purchase
Property, then Lessee shall be deemed to be in default of this Lease as well as the Lease -
Purchase Agreement and the Contract for Sale and Purchase thereunder and Lessor may avail
itself of all remedies available to it at law or equity in accordance herewith.
22. NO REINSTATEMENT. No receipt of monies by Lessor from Lessee after a default
or after the termination, expiration or cancellation of this lease, shall reinstate, continue, renew or
extend the term of this lease, or affect any notice theretofore given to Lessee, or operate as a
waiver of the right of Lessor to enforce the provisions hereof, or operate as a waiver of the right of
Lessor to recover possession of the Lease - Purchase Property by proper suit, action, proceeding
or remedy; it being agreed that, after the service of notice to terminate or cancel this lease, or the
commencement of suit, action or summary proceedings, or any other remedy, or after a final order
or judgment for the possession of the said Lease - Purchase Property, Lessor may demand, receive
and collect any monies due, or thereafter failing due, without in any manner affecting such notice,
proceeding, suit, action, order or judgment; and any and all such monies collected shall be deemed
to be payments on account of the use and occupation or Lessee's liability hereunder.
23. SUCCESSORS AND ASSIGNS. The terms, covenants and agreements of this lease
shall be binding upon and inure to the benefit of Lessor, its successors and assigns, and Lessee,
its successors and assigns. Nothing in this Section shall be deemed to authorize or permit any
assignment or other transfer, in whole or in part, of the interest of Lessee in violation of any of the
other provisions of this lease.
24. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for
the enforcement of this Lease, or because of an alleged dispute, breach, default or
misrepresentation in connection with any provisions of this Lease, the successful or prevailing party
11
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.
25. TIME OF ESSENCE. It is understood and agreed between the parties hereto that time
is of the essence in the performance of all requirements of this lease.
26. ENTIRE AGREEMENT. This lease sets forth all of the covenants, promises,
agreements, conditions, and understandings between Lessor and Lessee governing this Lease.
There are no covenants, promises, agreements, conditions and understandings, either oral or
written, between Lessor and Lessee other than those herein set forth, and the provisions of the
Lease - Purchase Agreement and the Contract for Sale and Purchase, and no subsequent
alterations, amendments, changes, modifications or additions to this lease shall be binding upon
Lessor or Lessee unless and until reduced to writing and signed by both parties.
27. NOTICES. Any and all notices, demands, approvals, consents, disapprovals,
objections, offers or other communications or documents required to be given, delivered or served
or which may be given, delivered or served under or by the terms and provisions of this lease or
pursuant to law or otherwise, shall be in writing and shall be deemed to have been duly given,
delivered or served if and when sent by registered or certified mail, return receipt requested,
enclosed in a wrapper with the proper postage prepaid thereon and deposited with the Registry
Clerk of any United States Post Office, branch Post Office, Post Office Station or Sub - station
regularly maintained, addressed, if to the Lessee, at:
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
Attn: City Manager
or to such other address as Lessee may from time to time designate by written notice to Lessor,
or if to Lessor, addressed to:
JOHN D. AND CATHERINE T. MACARTHUR FOUNDATION
4400 PGA Boulevard
Palm Beach Gardens, FL 33410
or to such other agent or agents as may be designated in writing by either party and delivered in
the manner set forth herein.
28. RECORDING. Lessee shall not record this lease and any attempt by Lessee or anyone
acting on Lessee's behalf to record or the actual recording of this lease among the public records
of any county of the State of Florida by Lessee shall constitute a default. In no event shall this
lease be recorded by Lessee and, if Lessee records this lease in violation hereof such actions shall
constitute a material default of Lessee hereunder. Lessee hereby indemnifies and holds Lessor
harmless for all loss, costs and expenses including, but not limited to, attorneys' fees incurred by
12
Lessor as a result of Lessee recording this lease. The parties agree to record a memorandum of
the terms of this lease in the form of a Memorandum of Lease - Purchase Agreement.
29. WAIVER OF SUBROGATION. The parties hereby mutually waive any rights they may
have against each other to recover for loss or damage to property to the extent that such loss or
damage is covered by their respective insurance policies. In addition, all insurance policies carried
by either party covering the Lease - Purchase Property, including but not limited to contents, fire and
casualty insurance, shall expressly waive any right on the part of the insurer against the other party
for damage to or destruction of the Lease - Purchase Property resulting from the acts, omissions
or negligence of the other party.
30. GOVERNING LAWS; 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.
31. SEVERABILITY. If any term or provision of this lease or the application thereof to any
person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this
lease, or the application of such term or provision to persons or circumstances other than those
as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and
provision of this lease shall be valid and be enforceable to the fullest extent permitted by law.
32. SECTION HEADINGS. The section titles and table of contents are for convenience
and reference only and do not define, limit, or construe the covenants of such sections, and shall
not be deemed or construed in any way as part of this lease or as a supplement thereto or an
amendment thereof.
35. INCORPORATION; CROSS - DEFAULT. The parties acknowledge that this Lease
is not an independent agreement and has no force or effect except as incorporated and made a
part of that certain Lease- Purchase Agreement between the parties dated May 8, 1998. Further,
the parties agree that should a default occur as to any obligation or responsibility as provided for
in that Lease - Purchase Agreement, or any of the agreements attached thereto, 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.
13
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
date first above written.
As to Lessor
As to Lessee
14
LESSOR:
JOHN D. and CATHERINE T.
MacARTHUR FOUNDATION, an
Illinois not - for - profit
corporation
By:
Name:
Title:
LESSEE:
9�1�Ta1T>l��d
By:
Name:
Title:
EXHIBIT "A"
(Description of Lease - Purchase Property)
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 9013, 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 01 056'52" WEST, ALONG THE EAST RIGHT -OF -WAY LINE OF SAID RIGHT -OF-
WAY DEEDED TO CITY OF PALM BEACH GARDENS, A DISTANCE OF 14.48 FEET TO
THE NORTHWEST CORNER OF THE PLAT OF GARDEN LAKES & GARDEN SQUARE
SHOPS, AS RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 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 01 051'21" EAST,
DEPARTING SAID NORTH LINE, A DISTANCE OF 745.09 FEET; THENCE SOUTH
88 032'14" 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 62 043'27" EAST; THENCE SOUTHEASTERLY ALONG SAID WESTERLY
RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 03 016'38 ", 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 88 037'35 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
15
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
COUNTY RIGHT -OF -WAY (A 100 FOOT RIGHT -OF -WAY), AS SHOWN ON THE PLAT
OF SHADY LAKES, AS RECORDED IN PLAT BOOK 43, PAGE 6, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; ALSO BEING THAT CERTAIN RIGHT -OF -WAY
DEEDED TO THE CITY OF PALM BEACH GARDENS, RECORDED IN OFFICIAL
RECORDS BOOK 9013, PAGE 1150, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROCEED NORTH 88 °23'40" WEST, ALONG THE EAST -WEST ONE -
QUARTER SECTION LINE OF SAID SECTION 2, A DISTANCE OF 50.00 FEET TO THE
NORTHEAST CORNER OF SAID PLAT OF SHADY LAKES AND THE SOUTHEAST
CORNER OF DUNCAN B. WATSON SCHOOL SITE AA; THENCE NORTH 01 °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 01 056'52" 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 \HISTORY\2861 \8.DOC(319.067
16
PREPARED BY AND RETURN TO:
Carole Wallace Post, Esquire
Watterson, Hyland & Kieft, P.A.
4100 RCA Boulevard, Suite 100
Palm Beach Gardens, FL 33410
W/C Box 33
Property Control No.
EXHIBIT "B"
SPECIAL WARRANTY DEED
THIS WARRANTY DEED, made effective this day of , 2000
between JOHN D. AND CATHERINE T. MacARTHUR FOUNDATION, an Illinois
not - for - profit corporation
hereinafter called the Grantor,
whose mailing address is 4400 PGA Boulevard, Suite 900, Palm Beach Gardens, Florida
33410 -9680
to THE CITY OF PALM BEACH GARDENS, a Municipal Corporation existing
under the laws of the State of Florida
hereinafter called the Grantee,
whose mailing address is 10500 N. Military Trail, Palm Beach Gardens, Florida 33410
(Wherever used herein the terms "Grantor" and "Grantee" are used for
singular or plural, as context requires and include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals,
and the successors and assigns of corporations.)
*Deed may include language of restrictions limiting use of property for recreational and
public right -of -way uses.
WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable considerations, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in the County of Palm Beach, State
of Florida, to -wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A DART HEREOF
SUBJECT TO restrictions, reservations, covenants, conditions
and easements of record; taxes for the year 2000 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: GRANTOR:
JOHN D. AND CATHERINE T.
MacARTHUR FOUNDATION
13
Witness
(print name of witness)
ATTEST:
Witness
(print name of witness)
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of ,
2000, by of JOHN D. AND CATHERINE T.
MacARTHUR FOUNDATION, an Illinois not - for - profit corporation.
NOTARY PUBLIC
(NOTARY SEAL)
(Print Name)
My Commission Expires:
Personally Known O OR Produced Identification O
Type of Identification:
P: \CP\H ISTORY\2861 \14. DOC(319.067)
EXHIBIT "A"
A PARCEL OF LAND LYING IN SECTION 1,
PALM BEACH COUNTY, FLORIDA; SAID
DESCRIBED AS FOLLOWS:
TOWNSHIP 42 SOUTH, RANGE 42 EAST,
PARCEL BEING MORE PARTICULARLY
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 9013, 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 01 056'52" WEST, ALONG THE EAST RIGHT -OF -WAY LINE OF SAID RIGHT -OF-
WAY DEEDED TO CITY OF PALM BEACH GARDENS, A DISTANCE OF 14.48 FEET TO
THE NORTHWEST CORNER OF THE PLAT OF GARDEN LAKES & GARDEN SQUARE
SHOPS, AS RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 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 01 °51'21" EAST,
DEPARTING SAID NORTH LINE, A DISTANCE OF 745.09 FEET; THENCE SOUTH
88 032'14" 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 62 043'27" EAST; THENCE SOUTHEASTERLY ALONG SAID WESTERLY
RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 03 016'38 ", A DISTANCE OF 660.82 FEET TO THE POINT OF TANGENCY;
THENCE SOUTH 30 033'11" 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 88 037'35 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
COUNTY RIGHT -OF -WAY (A 100 FOOT RIGHT -OF -WAY), AS SHOWN ON THE PLAT
OF SHADY LAKES, AS RECORDED IN PLAT BOOK 43, PAGE 6, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; ALSO BEING THAT CERTAIN RIGHT -OF -WAY
DEEDED TO THE CITY OF PALM BEACH GARDENS, RECORDED IN OFFICIAL
RECORDS BOOK 9013, PAGE 1150, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROCEED NORTH 88 023'40" WEST, ALONG THE EAST -WEST ONE -
QUARTER SECTION LINE OF SAID SECTION 2, A DISTANCE OF 50.00 FEET TO THE
NORTHEAST CORNER OF SAID PLAT OF SHADY LAKES AND THE SOUTHEAST
CORNER OF DUNCAN B. WATSON SCHOOL SITE AA; THENCE NORTH 01 051'21"
EAST, ALONG THE EAST LINE OF SAID SCHOOL SITE, A DISTANCE OF 1194.18 FEET
TO THE NORTHEAST CORNER OF SAID SCHOOL SITE; THENCE CONTINUE NORTH
01 051'21" EAST, ALONG THE NORTHERLY PROLONGATION OF SAID EAST LINE OF
SAID SCHOOL SITE, A DISTANCE OF 80.00 FEET; THENCE SOUTH 88 022'49" 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 88 032'14"
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 88 037'35" 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.
PA P\HISTORY\2861 \19.DOC(319.067)
'.Andes JOHN D. AND CATHERINE T. MacARTHUR FOUNDATION xlo Illinois not - for - profit Corp.
c/o Steve Cohen, Esq., ggQO_ PGA_ B. oulevard,... Suite..90D,.Palm- Beach.Gardens, FL (chore) .
1 CITY OF PALM, BEACH. GARDEINS,_.a_Florida- .ntLlnici i -cor ration -- rBrrrar ).
10500 N. Military Trail, Palm Beach_G 3 ,1�
Property 410 ..__ —oc (Atone) ,
t ^rnhy agree utat Saner span lien and Buyer shall Mry t1y blbwkq described Real Properly end Personal Property (coyeclively'P.f9perty') upon the following terms and eondinons, which
r.rhakr Shmlatds for near Estate Transactions (19onda[ 01 on the reverse side haroof or attached hereb and riders and addenda to this Contract for Sale and Purchase 1,con recl -I.
I DESCRIPTION:
(a) Legal description of the Real Properly looted N Palm Beach wanly, Florida, Parcel
more particularly described in Exhihi t "Air af_ M(w whaA
(b) Street address, city, zip, of the Property It: NONE --
(q Personal Property: -
ifPURCHASE PRICE: .......... ...... ......................................................................... -. ................... .............................. $ 1,266,160
PAYMENT:
IS) Deposit held in escrow by -- N/A .. „ In to amount of ...... S
m1 Additionel escrow deposit to be made will kt _ _ days Sher ER*c8vo Dab (as da0 In Paragraph in) In this brriount of . ............................... fi
k I Subject to AND assumption of existing mortgage in good slandkq in bloc of NSA
having an approximate present prYrdpat balance ol .. ............................... s —_ -_ __ __ -- -
Id) Purchase money mortgage and note to Seger (see addendum) In this amount of ..................................................................... ............................... -
rel Other: - - -N-A- - - - -- s .----- ----- - - - - -- .,.
01 Balance to close by U.S. cash. LOCALLY DRAWN ceriXiad or psWafa chock or IWrd•parly ban, subject to equaknow is or prorafton* ............... i -1 It 2 66 ,160
n TIME FOR ACCE PTANCE OF OFFER: EFFECTIVE GATE; FACSIMILE: h IWe offer In not executed by and delivered to SO parties OR FACT OF EXECUTION commnmkaled In writing
the parties on or before * * fat deposa(s) will. at Buyers option, be returned and this offer withdrawn. The dale of Contract I- Effact)ye Dale') wgt
^ the date when the Iasi one of the Buyer and Sego has signed this offer, A IsctMAb COPY of 8116 Contract and any aignaturn hereon shop be considered for all purposes as originals.
, FINANCING: N/A
lift If the Purchase Price or any par[ of It ls to be rw*nCed by a IWrd•pary ban, lit* Cordmd Is wrva;6nad on Buyer oblalNng a written comrNtmenl within -, , _ days alter Effective
D.Irs tow (CiTFCK ONLY ONE) U a fixed, a an adfuslabb; or U a fixed or adjustable rate ban In the prkxapsl amount of t -Y _._ at an Initial Interest tale not to
earl �, discount and origination lass not to exceed % of principat amount, and for a farm of _ _ _ years. Buyer will make application wilhm days after Effective
Dale and use , „asomaWe diligence to obiein a ban cow w Intent and• gereahar, b Satisfy terms and condhlors d IM comxniktanl and dose the ban. Buyer shell pay Fill Inan
^•manses a Buyer tails to obtain a commilmenl or lass to walla Buyers rights under Olt subparagraph within the Ikne for oblaklttg a dommumom w, after dolgem effort. tails to meet
o,e terms and condi ions of the commitment. then either party thereafter, by written notice to tat other, may cancel INS Contract and Buyer shag be refunded the deposh(s); or
fill The ensung mortgage described in Paragraph 11(c), above, has (CHECK ONLY ONEI: U a varlade interest rate; or U a fixed Interest rate of __ _. _, % per annum. At time of tine
Transfer. some hied interest rates are subject to increase: if Increased. the rate shag not exceed _ - -__ % per annum. Satter shag• within__ days Stier Effective Dale, turnish a
seatnment from each mortgages slaling the principal balance, method of payment. Interest rave and status of mortgage. If Buyer has agreed to assume a mortgage which requires
approval of Buyer try the mortgagee for assumption. ten Buyer shag promptly obtain the necessary application and diligently complete and return If to the mortgagee. Any mortgagee
rhargofs) not to exceed f _ shag be pail by Buyer. If Buyer k not Scooped by mortgagee or the requirements for assumption are not In accordance with
me terms non this Contrar.I or mortgagee makes a charge in excess of [he slated amount. Seller or Buyer may rescind this Contract by written notice to the other party unless allhot
Mecls to pay the increase in interest rate or excess mortgage charges.
TITLE EVIDENCE: At least * ♦ _ days betide closing dale. but no earlier than __ days offer Seller receives written notification that Buyer has obtained the ban commilnmrn or
,< hoen approved for the loan assumption as provided In Paragraphs IV(a) or (b), above, a. N applicable• waived the fira ridng requdremenls, (CHECK ONLY ONE): V Seller shag, at Seller's
i• se. deliver to Buyer or Buyer's attorney; or I.) Buyer shell al Buyer's expense Oble;n (CHECK ONLY ONE): U abstract of Ihle; or U title Insurance commitment (wllh legible copies of
eons h%led as n,cephons attached thereto) and. shat closing. an owner's pocky of this insurance.
CLOSING DATE: This Pansacton shag be closed and the deed and other dosing papers delivered on..* * PCi,Y 8, -2002. unless modified by other provisions of this Contract
I RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shag take Ise subljed lo: conprefrorsM lard use plans, zoning, neslriclbns. Prohidllons and other requirements Imposed by
^•^^nlal autlio0y. resimhons and matters appearkg on the pal or otherwise common to 80 subdivision; public mifity easements of record (easements are to be located contiguous to
,I m,nrerty tines and not more than IO feel in width as to the rear or Iron) fines and 7 to feet in vvidh as to the side fines, unless olherwln stated herein); lazes for year of closing Still
•i-nt years. assumed nrortyages and purchase money mortgages. It any (N addlonal gems, see addendum); provided, that there exists of closing no violelton of the bregottg
•f t,o ^n prevent use of the Property for ___.__—.__- 132CreatiOna ) -- ... P- Pose(a)_
-I OCCUPANCY: Seller warrants that there are no perNo ; In occupancy other than Seger; but N Propaty ls Intended to be tamed or occupied heyorul ckishg, Ile fact and bums Ihnrenl
f me e.na••us) o, ocamanms shag be disclosed pursuant to Standard F. Seger shag deliver occupancy of Properly to Buyer at lime of closing unless otherwise stated herein. II occ,panry
he Ial .rerf before closing. Buyer assumes as risks of ins 10 Properly from date of occupancy stag be tesponsble anal Made for rrnkNenance from that date. and shah be deemed In
n arreored Property m as existing condrtton as of lime of akkg occupancy unless otherwise steed herein.
TYPE WRITTEN OR HANDWRfTTEN PROVISIONS: Typewwillen or fandwrillan provisions, riders and addends shah conlyd ON printedprovlalons of INS Contract In corugmdl with Them.
RIDERS: (CHECK [hose riders which are applicable AND are attached to this Contract):
rah 'J rOASTAL CONSTRUCTION CONTROL LINE (d) U VAIFNA (g) U HOMEOWNERS' ASSOCIATION DISCLOSURE
IN U CONDOMINIUM (e) U INSULATION (h) U RESIDENTIAL LEAD-BASED HAZARD DISCLOSURE
ern J FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (1) U -AS IS- (1) U
A SSIGNABILITY: (CI IECK ONLY ONE): Buyer U may @$sign and thereby be released from any further Ilablgty under INS Contract; U may assign but not be released from IIaNSIy
^,
his Contract. .V-.y nor assign 1N$ Contract.
DISCLOSURES:
Ill) Radon is a nelaany occurring radioactive gas that when aOCtarxAaled in a' I If O In sutffldone gtanYlks may present health risks to Persons who are exposed to It dart lime.
from
Levels or radon tic exceed federal and atats guidelines Mae been kind In buildings In Florida. Ad6lbrai Information regarding Radon or Radon teathq may be ubfelned from
you Corny Public /leach unit.
rte) Buyer may have determined the energy elgdency to” of the residanMN bugdrg, N any Is bested on the Real Property.
fr.) 11 the Real Property includes pro- 1978 resider" housing Ban Paragraph X (h) Is nnor tdstfi ry.
MAXIMUM REPAIR COSTS: Seger shoo of be responsible br payments In oxen* oh
t a I S _ _ --- -_ - -. ter kealmsm and ropok udw Skwdsrd D (N ble* Ban 2% d fa Purcha a Pros).
rbl S . _ - -- .. - . _ _ _ _ - .-. ter repair and nplaoMMM undo Standard N (N bbdl, 0w3% of the Purchase Price).
SPECIAL CLAUSES; ADDENDA: 11 additional forms Web be provided, Snatch addendum sold CHECK HERE N. * * SEE ADDENDUM ATTACHED HERETO
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. 11"14M FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
••nrat_ does - rot canshrure xn_gpinlon that SPIV Of Pas -NrrM oldCdtt011bla h dhla C ~shm& be aecepled_by.fne.pardes h a.pss7kufer transaction, Terms and cordltions stl a,kl
be negorared based upon No respecnte #*m^ ob/acMNa and barpailrtp posmpna of s1 ideresred p@mona. --
COPYRIGHT tM BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS
t't l
Security or to. I D. /
- ecuray or Tar LD.
(Dole) (SO) v (Oats) - - - -...
Social Security or Tax LOL f
(Dab) ($aNt)
SSW Ssclrhy at Tax I.0. I
urrde, Paragraph 11(a) retuned; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. N/A
R'S FEE: The brokers named below. ktdldkg LkNrg and cOOPOSIhg bmk*M are the ony bokare onlifl ad b eomponsatbn In co nodort wIM ens Conked:
N/A
Uatinq B,oke _. - Cooperating eNiok n.It any -- • - - - - --
'
4 ^eve : ^•I 17'h4 FAnnAn t2g5 nlnFnS CAN BE OBTAINED FROM FLORIDA IAWYFRS SUPPORT SERVICES, INC. (FLSSI)
(Dale)
(Escrow Agent)
tlalrol Ntll N aUl {lelal,Yax mM1U 11 !Il W Ile NYY nn.Aj l l A n 'n.a �,w r ,
-A" on peace
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still In 4"Iey3l ro of UalsvpPOw ON patlunD mall u pepnlaul signal ropes ro jnAng uodn &Np lq eq pays sualnuesaldat to alueulmms5e Iuasatd )o solid ON :S1N3v133yOV 113H11
vlatal one p0(nnsud astAu0,p0 eq Ali.0 s,! s)olleui erects nl Aero I:mlflO -: 'nil
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m
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a w0A elat9noe 11'e69tiau s,leM told Iwo wauKSess9 tpres u0M1 psseq palarod aq peal 60e01'"QVIIOAS at wswstasae %,roGpl junal3 pus Plate Im as Gtlennii s,jeaA lua„m 3111 uetjm &lei) a Is,
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ADDENDUM TO CONTRACT FOR SALE AND PURCHASF
This Addendum entered into this day of , 1998, by and between
John D. And Catherine T. MacArthur Foundation, an Illinois not - for - profit corporation (the
"SELLER ") and the City of Palm Beach Gardens, a Florida municipal corporation organized
under the laws of the State of Florida (the 'BUYER ").
WIT NESS ETH:
WHEREAS, SELLER and BUYER have entered into a Contract for Sale and
Purchase dated , 1998 (the "Contract") for the sale and purchase of
the property more particularly described in Exhibit "A" attached hereto (the "Lease -
Purchase Property "). The Contract and the Addendum are hereinafter collectively
referred to as the "Contract "; and
WHEREAS, SELLER and BUYER agree to amend the Contract in the manner set
forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and in the Contract, and other good and valuable considerations, receipt and sufficiency
of which are hereby acknowledged, the parties do hereby agree as follows:
1. INCORPORATION; CROSS - DEFAULT. The parties acknowledge that the
Contract is not an independent agreement and has no force or effect except as
incorporated and made a part of that certain Lease - Purchase Agreement as executed by
the parties May , 1998. Further, the parties agree that should a default occur as to
any obligation or responsibility as provided for in that Lease - Purchase Agreement, or any
of the agreements attached thereto, 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 resonsibilities set forth in the Lease - Purchase agreement and all of the agreements
attached thereto.
2. 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 "Lease- Purchase Property ".
3. SALE IN "AS 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 Lease - Purchase Property in "As Is" condition, without any
warranty or representation whatsoever on the part of the SELLER with regard to the
condition of the Lease - Purchase 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 Lease - Purchase Property , including, but
not limited to an environmental audit and assessment. Inspections shall be completed and
the results obtained by BUYER on or before JULY 8, 1998 (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 one (1) day after the Inspection Deadline, whereupon the
parties shall be released from any further obligation hereunder as well as under the Lease -
Purchase Agreement and the Lease thereunder. 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 one (1) day after the Inspection Deadline, otherwise, such inspections shall be
deemed satisfactory to BUYER and BUYER shall purchase the Lease - Purchase Property
"As Is ".
5. CLOSING AND CLOSING DATE. The consummation of this sale by
SELLER and the purchase by BUYER of the Lease - Purchase Property (the "Closing ")
shall be held at the offices of SELLER: John D. and Catherine T. MacArthur Foundation,
4400 PGA Boulevard, Suite 900, Palm Beach Gardens, FI 33410 -9680 on Monday, May
8, 2000.
6. SURVEY. BUYER, at BUYER'S expense, may have the Lease - Purchase
Property surveyed and certified by a registered Florida surveyor in accordance with
Chapter 21 HH -6 of the Florida Administrative Code. If BUYER obtains a survey, a copy
of the survey map shall be delivered to SELLER and to the title company at least fifteen
(15) days prior to Closing.
If the Lease - Purchase Property is not surveyed by the BUYER, the survey
exception will not be removed from the owner's title insurance policy. If the Lease -
Purchase 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 Lease-
Page 2 - ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
i,
Purchase 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 SELLER, and j
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:
(a) General and special real property ad ,valorem taxes accrued in the
year Closing occurs and all years thereafter;
(b) Utility easements to service the Lease - Purchase 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 furnished to the BUYER or BUYER'S attorney by the SELLER within sixty (60) days
after the Effective Date of this Contract. If the title evidence (or survey provided by BUYER
pursuant to Paragraph 6 reveals any defects in the title or any physical encroachment on
the Lease - Purchase 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 the Lease pursuant to the Lease - Purchase
Agreement, or (2) the BUYER may elect to purchase the Lease - Purchase 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 Lease - Purchase 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 Lease - Purchase Property to BUYER hereunder.
Page 3 - ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
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 duly authorized by the Board of Directors of
SELLER (and SELLER shall deliver to BUYER resolutions of the Board of Directors to such
effect), and no additional proceedings (corporate or otherwise) on the part of SELLER or
any of the directors of SELLER are necessary to authorize the execution, delivery and
performance of this Contract and the Additional Documents and the consummation of the
transactions contemplated hereby and thereby. When fully executed and delivered,
SELLER represents and warrants that this Contract and the Additional Documents will
constitute the valid and binding agreements of SELLER enforceable in accordance with
their respective terms.
10. BROKERAGE. SELLER and BUYER warrant each to the other (and it
is agreed that this warranty shall survive delivery of the deed) that no broker or agent has
been employed with respect to the sale of the Lease - Purchase Property.
11. SPECIFIC PERFORMANCE. In the event that either party fails to comply
with or perform any of the covenants, agreements or obligations to be performed by them
hereunder, the non - defaulting party shall be entitled to seek specific performance without
thereby waiving any action for damages resulting from such breach.
12. NOTICES. All notices, demands, requests and other communications
hereunder shall be in writing and shall be deemed to have been given if delivered
personally, or sent by registered or certified mail, return receipt requested, postage pre-
paid to SELLER or BUYER at the address set forth on the first page of this Contract, with
a copy to BUYER'S Attorneys: Watterson, Hyland & Kieft, P.A., Attention: Carole W. Post,
4100 RCA Boulevard, Suite 100, Palm Beach Gardens, FI 33410 and to SELLER'S in-
house counsel, Steve Cohen, Esq., 4400 PGA Boulevard, Suite 900, Palm Beach
Gardens, FI 33410 -9680.
Any notice given in accordance with the provisions of this paragraph shall be
deemed to be effective upon receipt. Each party may give notice to the other party of any
change of its address for the purpose of giving notice under this paragraph, which
thereafter, until changed by like notice, shall be the address of such party for all such
purposes of this Contract.
13. RADON. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state guidelines have
been found in buildings in Florida. Additional information regarding radon and radon
Page 4 - ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
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. SELLER reserves for itself, and its successors and or assigns, a right to
construct or complete construction of a right -of -way along the westerly portion of the Lease -
Purchase Property, if such a right -of -way is not fully constructed or completed at such time
as SELLER and BUYER deem necessary.
SELLER agrees that if it exercises this right, such construction or completion
of construction shall be subject to review and approval by the City of Palm Beach Gardens,
in addition to any and all other authorized entities. Further, said construction or completion
of construction shall be consistent with the improvements already existing on the Lease -
Purchase Property.
The parties agree that this provision shall survive conveyance and execution
of the Warranty Deed for the Lease - Purchase Property.
16. 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
force and effect. When the terms of this Addendum and those of the Contract conflict, the
terms of this Addendum shall govern.
17. 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.
Page 5 - ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date
first above written.
Signed, sealed and delivered "SELLER"
in the presence of:
JOHN D. AND CATHERINE T.
MACARTHUR FOUNDATION, an Illinois
not - for - profit corporation
M
President
Date
(CORPORATE SEAL)
"BUYER"
CITY OF PALM BEACH GARDENS, a
municipal corporation organized under the
laws of the State of Florida
By
Mayor
By
City Manager
Date
P: \C P\H 1 STO RY\2861 \11. DOC(319.067)
Page 6 - ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
EXHIBIT "A"
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 9013, 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 01 056'52" WEST, ALONG THE EAST RIGHT -OF -WAY LINE OF SAID RIGHT -OF-
WAY DEEDED TO CITY OF PALM BEACH GARDENS, A DISTANCE OF 14.48 FEET TO
THE NORTHWEST CORNER OF THE PLAT OF GARDEN LAKES & GARDEN SQUARE
SHOPS, AS RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 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 01 051'21" EAST,
DEPARTING SAID NORTH LINE, A DISTANCE OF 745.09 FEET; THENCE SOUTH
88 032'14" 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 °43'27" EAST; THENCE SOUTHEASTERLY ALONG SAID WESTERLY
RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 03 016'38 ", A DISTANCE OF 660.82 FEET TO THE POINT OF TANGENCY;
THENCE SOUTH 30 033'11" 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 88 037'35 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
i
COUNTY RIGHT -OF -WAY (A 100 FOOT RIGHT -OF -WAY), AS SHOWN ON THE PLAT
OF SHADY LAKES, AS RECORDED IN PLAT BOOK 43, PAGE 6, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; ALSO BEING THAT CERTAIN RIGHT-OF-WAY
DEEDED TO THE CITY OF PALM BEACH GARDENS, RECORDED IN OFFICIAL
RECORDS BOOK 9013, PAGE 1150, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROCEED NORTH 88 °23'40° WEST, ALONG THE EAST -WEST ONE -
QUARTER SECTION LINE OF SAID SECTION 2, A DISTANCE OF 50.00 FEET TO THE
NORTHEAST CORNER OF SAID PLAT OF SHADY LAKES AND THE SOUTHEAST
CORNER OF DUNCAN B. WATSON SCHOOL SITE AA; THENCE NORTH 01 °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.
PACPW I STORY\2861 \19. DOC(319.067)
EXHIBIT "E"
(to Lease - Purchase Agreement)
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
MEMORANDUM OF LEASE PURCHASE AGREEMENT
This is a Memorandum of that certain unrecorded Lease- Purchase Agreement
( "Agreement ") dated , 1998, by and between JOHN D. &
CATHERINE T. MacARTHUR FOUNDATION ( "FOUNDATION') and CITY OF PALM
BEACH GARDENS, a Florida municipal corporation ( "CITY ").
WHEREAS, CITY has leased from and agreed to purchase certain real property
located in Palm Beach County, Florida more particularly described in Exhibit "A" attached
to and made a part hereof (the "Lease- Purchase Property "); and
WHEREAS, FOUNDATION hereby agrees that it will not, without the prior written
consent of CITY, (i) encumber the Lease - Purchase Property with mortgages, liens or other
monetary encumbrances; (ii) enter into any agreements whatsoever in connection with or
affecting the Lease - Purchase Property; or (iii) otherwise modify, alter or amend any
existing encumbrance currently affecting the Lease - Purchase Property.
This Memorandum is not a complete summary of the agreement referenced herein.
Nor shall provisions in this Memorandum be used in interpreting the provisions of the
agreement referenced herein. In the event of conflict between this Memorandum and the
unrecorded agreement referenced herein, the unrecorded agreement shall control.
Signed, sealed and delivered
in the presence of:
Signed, sealed and delivered
in the presence of:
JOHN D. & CATHERINE T.
MacARTHUR FOUNDATION
By:
Its: President
[CORPORATE SEAL]
CITY OF PALM BEACH GARDENS,
a Florida municipal corporation
By:
Its:
[CORPORATE SEAL]
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
1998, by ,
as for JOHN D. & CATHERINE T. MacARTHUR
FOUNDATION.
(SEAL)
NOTARY PUBLIC
(Print Name)
My Commission Expires:
Personally Known ❑ OR Produced Identification ❑
Type of Identification:
2
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
1998, by ,
as for the CITY OF PALM BEACH GARDENS, a Florida
municipal corporation.
NOTARY PUBLIC
(SEAL)
(Print Name)
My Commission Expires:
Personally Known ❑ OR Produced Identification ❑
Type of Identification:
3
EXHIBIT "A"
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 9013, 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 01 056'52" WEST, ALONG THE EAST RIGHT -OF -WAY LINE OF SAID RIGHT -OF-
WAY DEEDED TO CITY OF PALM BEACH GARDENS, A DISTANCE OF 14.48 FEET TO
THE NORTHWEST CORNER OF THE PLAT OF GARDEN LAKES & GARDEN SQUARE
SHOPS, AS RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 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 01'51'21" EAST,
DEPARTING SAID NORTH LINE, A DISTANCE OF 745.09 FEET; THENCE SOUTH
88 032'14" 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 62 043'27" EAST; THENCE SOUTHEASTERLY ALONG SAID WESTERLY
RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 03 016'38 ", 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 88 037'35 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
4
COUNTY RIGHT -OF -WAY (A,100 FOOT RIGHT -OF -WAY), AS SHOWN ON THE PLAT
OF SHADY LAKES, AS RECORDED IN PLAT BOOK 43, PAGE 6, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; ALSO BEING THAT CERTAIN RIGHT -OF -WAY
DEEDED TO THE CITY OF PALM BEACH GARDENS, RECORDED IN OFFICIAL
RECORDS BOOK 9013, PAGE 1150, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROCEED NORTH 88 023'40" 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 °51'21" 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 01 051'21" 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.
PACP \HIST0RY\2861 \10. DOC(319.067)
5
05/04/1998 16:59
5617751023
1
CITYOFPALMBCHGARDENS
MEMORANDUM
TO Bobbie Herakovich, City Manager
FROM ; Kent R. Olson, Finance DirectorK��
SUBJECT Tennis Facility
DATE May 4, 1998
PAGE 01
The proposed Tennis Facility construction will be funded from the General Fund
with $400,000 in unspent budgeted funds from the Fiscal 1998 Budget (current year)
and 8700,000 in the Fiscal 1999 Budget as outlined in the Capital Improvements
Program. The Recreation Impact Fund does not have enough money to pay for this
project at this time. In addition, while the Tennis Center will be much better than our
current facility, we are essentially replacing it, thus I don't think it would be
appropriate to use impact fee funds for this purpose.
When the lease on the property expires in May, 2000, 1 anticipate soliciting
competitive quotes from local financial institutions to borrow the funds for the
purchase of the property.
Please let me know if there are any questions or if you need additional
information.
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 • (407) 775 -8200
INTEROFFICE MEMO
DATE: April 27, 1998
TO: Bobbie Herakovich, City Manager
FROM: Peter T. Bergel, Fire Chi
RE: NAMAC and Automatic Aid
Pursuant to the directive issued by the City Council in regard to the
City's participation in the Northern Area Mutual Aid Consortium
( NAMAC), I offer the following report.
NAMAC was conceived by Chief Ed Arrants and was assembled in
the late eighties in an effort to provide a formalized mutual aid
agreement between the cities in the north end of the County.
Over the years, Palm Beach Gardens has provided mutual aid
responses to North Palm Beach, Lake Park, Palm Beach Shores
and Mangonia Park for fire and hazardous materials emergencies.
As the awareness of hazardous materials grew Palm Beach
Gardens initiated steps to develop a "Special Operations" team to
provide service not only to Palm Beach Gardens but the NAMAC
communities as well. As a result, the NAMAC Coordinating Council
requested funding from the NAMAC participants to fund this
endeavor. Palm Beach Gardens funding was allocated and credited
to NAMAC in exchange for our commitment to provide this
response to the NAMAC participants.
Additionally, NAMAC commissioned a feasibility study (enclosed) in
July of 1996 to explore the possibilities of a centralized dispatch
center for participating members. The cost distribution for the City
based on the feasibility study was twenty -nine (29) percent of the
annual operating costs of $1,379,306.00, which included the City of
Riviera Beach and Town of Jupiter. The NAMAC Coordinating
Council drafted a resolution for passage by members supporting a
centralized dispatch center which was passed as Resolution 130,
1997 by the City.
Recently, the Countywide Intergovernmental Coordinating
Committee proposed a Regional Response Plan for Hazardous
Materials, which the City endorsed and had considerable input.
This Regional Hazardous Materials Response Program will become
operational countywide May 1, 1998. At this point NAMAC has a
minimal impact to the City of Palm Beach Gardens in regards to fire
and emergency service response. We will continue to provide fire
and rescue mutual aid response to NAMAC members when
requested.
However, the Automatic Aid Agreement between the City of Palm
Beach Gardens and Palm Beach County Fire Rescue has a
significant impact to fire and emergency service responses within
the City. Since 1993 the automatic aid responses into the County
have increased from 371 (1992) to 823 (1997) which represents a
fifty -four (54) percent increase.
When considering the relocation of Fire Station 16 (Cabana
Colony) the current projection is a forty (40) percent increase in
automatic aid. This increase impacts Districts 1, 2 and 4 (map
enclosed) and furthermore has a domino effect on the other
Districts based on dispatch parameters currently in place. Palm
Beach Gardens is second due to Station 16 response area and
dispatch of our units is dependent upon the location of the call and
the status of our units at the time of the call. Once Station 16 is
relocated Palm Beach Gardens will be first due to a large area of
the County west of the Intracoastal Waterway between PGA
Boulevard and Donald Ross Road. In 1997 Palm Beach County
Fire Rescue's Engine 16 answered 1011 calls for service
(spreadsheet enclosed) and Rescue 16 answered 942 calls for
service. It is important to note that 403 of those calls for service
were within Palm Beach Gardens due to automatic aid.
Palm Beach County estimates that the relocation of Station 16 will
not happen until late 1999 and that Station 16 will continue to
respond south of their new location with minimal impact to Palm
Beach Gardens. Palm Beach County is preparing data and
proposed response zones to verify the impact to our system. The
Fire Department is currently negotiating a new automatic aid
agreement with Palm Beach County Fire Rescue and will negotiate
the impact of providing this service to the County. However, the
City must look at the need to staff an additional Rescue and
possibly an Engine and place them temporarily in Station 16 until
the time Station 5 is built. This is based on the relocation of Station
16 and the projection that the calls for service within District 5 will
increase from 251 (1997) to 981 (1999), based on current response
zones, which dictates the need for Station 5.
I will be happy to discuss this matter further or answer any
additional questions you may have regarding this issue. Should
you need additional clarification, please do not hesitate to contact
me at any time.
cc: file
K. Glas
RESOLUTION 130, 1997
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, SUPPORTING THE
NORTHERN AREA MUTUAL AID CONSORTIUM (NAMAC)
PROPOSAL OF A CENTRALIZED DISPATCH CENTER TO
HANDLE EMERGENCY RESPONSE REQUESTS FROM THE
CITIZENS LIVING IN THOSE CONIlVIUNITIES
PARTICIPATING IN NAMAC; AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens entered into an Interlocal Agreement in
1989 to provide an organized method of providing Fire and Emergency Mutual Aid Service to
member jurisdictions;
WHEREAS, it was deemed mutually advantageous to enter into such Agreement
providing for mutual aid in times of emergency when the need created may be too great for any
one party to deal with unassisted;
WHEREAS, the City Council of the City of Palm Beach Gardens has discussed at public
meetings, their interest in being a part of a centralized dispatch center; and
WHEREAS, the City of Palm Beach Gardens foresees saving money by sharing in the
cost of equipment and personnel in such a centralized dispatch center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
$ECTION 1. The City Council of the City of Palm Beach Gardens, Florida, supports the
Northern Area Mutual Aid Consortium (NAVIAC) proposal of a centralized dispatch center to
handle emergency response requests from the citizens living in those communities participating
in NAMAC.
SECTION 2. This Resolution shall be effective upon adoption.
RESOLUTION 130, 1997
PAGE 2 OF 2
INTRODUCED, PASSED AND ADOPTED THIS 1,9G) DAY OF 1997.
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE:
A ;
COUNCILMAN RUSSO
�/
COUNCILWOMAN FURTADO
COUNCILWOMAN MONROE
COUNCILMAN JABLIN
7
COUNCILMAN CLARK
R JOS PH R. RUSSO
Approved as to Form and Legal
Sufficiency.
�G�v►cC[ /mil _
City Attorney
NAY ABSENT
A FEASIBILITY STUDY
ON CONSOLIDATED
COMMUNICATIONS
Prepared for
THE NORTH AREA MUTUAL AID CONSORTIUM
by
MIZEL LE, HODGES & ASSOCIATES
JULY, 10, 1996
DRMT
Table of Contents
............................................. ............................... 1
PURPOSE AND SCOPE .......................... ............................... 1
SCOPE...................................... ............................... 1
CURRENT SITUATION .......................... ............................... 2
FACTS BEARING ON THE STUDY .......... ............................... 3
POTENTIAL ADVANTAGES AND DISADVANTAGES OF A CONSOLIDATED
COMMUNICATIONS CENTER ................ ............................... 5
ADVANTAGES ............................... ............................... 5
DISADVANTAGES ........................ ............................... 6
ANALYSIS OF THE SUITABILITY OF MERGING PRESENT COMMUNICATIONS
CENTERS INTO A SINGLE CENTER .......... ............................... 7
Option1 .................................. ............................... 7
Option2 .................................. ............................... 8
Option3 .................................. ............................... 9
COST ANALYSIS ............................... ............................... 10
Startupcosts ................................. ............................... 10
PRO -FORMA BUDGET OF RECURRING COSTS . ............................... 12
FINANCIAL RESOURCES DISCUSSION .......... ............................... 13
911 SURCHARGE FUND ...................... ............................... 13
State approved surcharge on moving traffic violations . .............................. 13
OTHER FUNDING MECHANISMS ............. ............................... 14
POTENTIAL IMPACT OF COMMUNICATIONS CONSOLIDATION ON THE
INSURANCE SERVICE OFFICE (ISO) RATING OF THE NAMAC AREA ........ 15
RECOMMENDATION .......................... ............................... 16
STRATEGIC PLAN OF IMPLEMENTATION ..... ............................... 16
PHASE................................. ............................... 16
PHASE2 ................................ ............................... 17
APPENDICES .................................. ............................... 19
DRAFT
1
PURPOSE' AND SCOPE
Mizelle, Hodges & Associates have been retained by the North Area Mutual Aid Consortium
f (NAMAC) to determine the feasibility the consolidation of the current configuration of emergency
services communications operations into a centralized communications center in the north area of
Palm Beach Countv known as the NAMAC.
SCOPE
The scope of the study is to analyze the suitability of merging present communications capability
and operations into one consolidated communications center. The study presents cost estimates for
start up and recurring costs of operation, and provides a recommendation on the division of costs
among the participating jurisdictions. The study provides potential advantages and disadvantages of
central communications operations and further provides comments as to service level changes as a
result of the merger. The study also includes an analysis of the anticipated changes in the Insurance
Services Office (ISO) classification for insurance premium rate setting. These rates relate to the
total fire protection system under the umbrella of consolidated communications and the
improvements derived there from.
A FEASIBILITY STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
pj—A�
CURRENT SMUA T /ON
The NAMAC area is comprised of the geographic area north td West Palm Beach and Palm Beach
beginning at Mangonia Park northward to the Martin County line. The area includes ten municipal
.police and fire agencies, and are as follows; The Police an0ire Departments of ,Tequesta, Jupiter
Inlet Colony, Jupiter, Juno Beach, Palm Beach Gardens, North Palm Beach, Lake Park, Palm Beach
Shores, Riviera Beach, and Mangonia Park. Most of the municipal law enforcement agencies
provide service to their own communities. There are some who utilize the dispatch services of the
Sheriffs Department, specifically Juno Beach, Mangonia Park, Palm Beach shores and Jupiter Inlet
colony. The fire protection system ranges from dispatch by either Palm Beach Countv Fire and
Rescue , the Sheriffs Department, or dispatch by their own police agency. None of the fire
departments surveyed in the NAMAC provided their own dispatch services. The survey disclosed
that the Sheriffs Department currently provides dispatch services to both police and fire agencies in
the NAMAC who choose to utilize that service at no charge, however there is some indication that
there is intended to be a charge in the future if additional agencies are added to the to the Sheriffs
offices dispatch equation. Palm Beach County Fire Rescue dispatches only fire, rescue and
ambulance from their communications center, and provide a service charge for such services of other
than their own agency. None of the fire agencies surveyed made any financial contribution to their
municipal law enforcement agency for dispatch services where such was provided. Three of the
agencies surveyed received fire protection services from an agency other than their own
municipality. These were Juno Beach, which receives fire protection services from Palm Beach
County Fire and Rescue, The city of Jupiter, which receives its services from Palm Beach County
Fire and Rescue, and Jupiter Inlet Colony which receives its fire protection and rescue services from
Tequesta.
The dispatching methodology is also significantly different in the jurisdictions surveyed. Some
agencies indicated an interest in not only consolidation and the possible delivery of dispatch services
through a communications center managed and staffed by non sworn personnel but were receptive to
consideration of delivery of communications by a private non governmental agency. Such an agency
would be overseen by a committee of public emergency response officials who would direct service
delivery policies of the consolidated center.
Appendix C /of this study, charts the variations of communications delivery and also includes much
of the survey data collected during the site visits. With the exception of four law enforcement
agencies, all have VHF radio capability and one of the four agencies mentioned, Juno Beach,
reportedly has capability on VHF also in addition to the 800 MHZ. Radio systems of Riviera Beach,
Palm Beach Gardens , and Jupiter in their police agencies are equipped with 800 MM. The only
exception to a consistent VHF capability in the fire service agencies of the NAMAC is Riviera
A FEASIBILrPY STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
Beach which is on 800 MHZ trunked off of the West Palm Beach police system and currently
indicates some doubt that the City will be a player in consolidated dispatching for the Namac area.
There is an additional variation that must be considered and that is the dual use of the same
frequency by the police and fire protection agencies of Mangonia Park, Palm Beach Shores, and No.
Palm Beach. During the site survey, interviews indicated that the jurisdictions of Mangonia Park,
Juno Beach, Jupiter Inlet Colony, and Palm Beach Shores shared the same VHF frequency for law
enforcement.
` There appears to be a high number of studies, development, and installation of new equipment
associated with communications at the time of this study. These developmental issues have or will
have an impact on the ability and willingness to participate in consolidation in the event the decision
makers agree to move forward with the project.
FAC719 BEARING ON THE STUDY
♦ There is currently no agreed upon CAD system that is in use in the Palm Beach County
NAMAC area.
♦ There is a commonality in the use of VHF radio that will lend itself toward consolidation.
♦ There is currently no NAMAC wide communications linkages between Yire forces, nor is there a
reasonable radio communications interconnection between law enforcement. and with the
exception of those few agencies that share radio frequencies between the law enforcement
agency and the fire department, there X no inter communication linkages between agencies.
♦ There are 64 personnel identified as radio communications operators in the study area.
♦ There are a total of 238,745 calls for emergency services through the NAMAC communications
area with an estimated additional 4000 calls which are handled for ambulance dispatch through
the emergency number that are not included in the recorded calls for each agency for a total of
242,745 calls for service for police and fire agencies.
♦ The combined total population for the NAMAC study area approximates 133,375 as reported by
the agency representatives during the site visit interviews.
♦ There are four law enforcement and two fire protection agencies in the study area that receive
their dispatch services at no charge by the Sheriffs Department.
♦ There is anticipated to be a total of 83 police vehicles on the street on an average day, these may
consist of motorcycles, administrative cars, patrol cars, and immarked cars._All of which have
radio communication capability.
♦ There is anticipated to be three to five emergency fire vehicles on the communications airways at
all times, but may vary to 20 in the event of a major emergency incident.
♦ Two cities, Juno Beach and Jupiter, receive both fire protection and the related dispatch services
from Palm Bah County Fire and Rescue.
♦ At the time of this report the future of 800 MHZ is uncertain as persistent rumors reflect on the
A FEASMHXrY STUDY ON CONSOLIDATED COWvfUMCATIONS
DRAFT
future of the spectrum. However, discussion with the Florida State Division of Communications
indicates other than the pressure from the Federal Communications Commission to justify the
allocation of 800 MHZ frequencies..Tfiere is no known activity that would jeopardize the future
of the 800 MHZ band. For the purposes of thin report the future of the spectrum is a non - issue.
The state office is continuing to process and approve 800 MHZ installations through out the
state.
A FEASIBILITY STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
3
POTENTIAL ADVANTAGES AND
DISADVANTAGES OF A
CONSOL IDATED
COMMON /CAT IONS CENTER
ADVANTAGES
Law enforcement and fire rescue personnel could communicate efficiently manage emergencies
and coordinate service to the public.
Cost reductions in both personnel and equipment could be achieved.
Excessive redundancv could be eliminated in communications equipment with consolidation of
efforts.
Some existing equipment could be relocated to reduce start up costs.
Major improvements in both police and fire performance can be achieved by providing the capability
to communicate across municipal boundaries.
Law enforcemeni frequently are limited in that criminal activity may be taking place in multiple
jurisdictions, and immediate sharing of information is critical. The technology for multiple
jurisdiction coordination of the type needed, currently is not installed.
Consolidation presents the opportunity for fire protection and law enforcement resources to initiate
automatic aid, where resources are shared automatically by each community. This enhances all
participants capabilities at no additional cost.
Consolidated communications provides for significantly improved emergency scene management
where resources participate from multiple jurisdictions.
With the appropriate technology, hardware and software, it is possible to have police, fire or ems
units or a combination thereof, alerted and responding in less than 30 seconds from the time of the
telephone ringing.
A FEASIBILITY STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
ADVANTAGES(cont)
A central center may be of value in improving Insurance Services Office (ISO) classifications
resulting in lower fire insurance rates and in complying with communications provisions of both
the Commission on Accreditation for Law Enforcement Agencies and the National Fire Service
Accreditation Program for jurisdictions involved in these evaluation programs.
Establishment of a center will relieve police administrators of direct responsibilities relating to
personnel matters for a cadre of non -svmm employees; possibly permitting replacement with
swum personnel for assignment to street law enforcement duties. Supervisors at the center
would be trained communicators with full awareness of what is expected of employees they
supervise.
An alternate funding source for center operation may be available if direct connection of
automatic alarms is permitted.
Uniformity of shift schedules at a central location will reduce the potential for "lost calls" which is
possible with the variety of schedules now utilized at the existing multitude of communications
centers. This is an especially critical issue when multiple agency operations, police, fire or
emergency medical, are in progress at shift change time.
DRAFT
visaovAU rAGES
Participants will have to give up some autonomous procedures in favor of a coordinated
communications operation.
There will be an appearance that personalized service to the citizen has been reduced.
All agencies may not agree to participate in the consolidation of communications leaving one or
more geographic black holes in the regional emergency communications package.
Significant policy issues will have to be reconciled by participants which may alter current
procedures and practices.
Start up costs for this initiative will have an impact on the willingness to participate in a
consolidated communications system.
Some transmitter sites may have to be relocated to minimize the risk of service interruption in a
consolidated emergency communications center.
1 Widely differing radio spectrums currently in use in the NAMAC complicate the consolidation of a
regional radio system into a single entity.
Sharing of radio frequencies in the VHF band will be necessary in order to coordinate activity.
A FEASIBU= STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
n
ANALYSIS OF THE SUIrAMIL /TY
OF MERGING PRESENT
COMMUNICATIONS CENTERS
INTO A SINGLE CENTER
The review of the current communications system and an analysis of the current fire emergency
response and of law enforcement resources in a limited geographic area, those findings cannot
dictate any other response than an unqualified YES! The suitability is definitely in favor of the
consolidation of communication resources. There are however, a number of issues that must be
reconciled in order to accomplish the task.
ITEMS TO BE CONSIDERED;
The co- existence of VHF and 800 MHZ in the same communications center.
The existence of Palm Beach County Fire Rescue as a participant in the NAMAC regional
communications plan, and the role that the county is to fill in the overall service delivery system.
The location and custody of a consolidated emergency communication center, and whether it
should be in the custodv of a city, county or of a Isrivate agency.
A willingness to consolidate existing radio frequencies into a pool for the betterment of the
overall communications network in the NAMAC area.
OpHon t
Consolidate all communications operations currently in the NAMAC area,(with the exception of
those who choose not to participate) into a newly constructed, severe weather resistant, structure,
suitable for emergency communications operations under any reasonably anticipated disaster
conditions. This communications center can technologically encompass both the VHF capability
currently in use as well as the 800 MM systems that are being used.
DISCUSSION
A FEASIBILITY STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
Technologically, all the existing radio systems currently in use can be either relocated to a secure
structure, or remotely operated from a new communications facility. Namac participants would then
provide the start up costs in conjunction with available financial resources discussed elsewhere in
this document. The center could then be operated by a private contractor, utilizing a "Public Utility
Model" where the participants own the physical site, its buildings and hardware, and a private
contractor would operate the center under the binding policy direction of a steering committee. The
contractor would be responsible for employment, personnel issues, management, maintenance and
the operation of the facility, and the steering committee would have binding authority for policy
making as to the delivery of communications services output.
Once the communications center is operational with vhf capability then the next phase of
implementation could take place, by a change over to 800 MHZ with a minimum of ten (10)
frequencies bunked, providing at least, (with current technology) 30 tactical operating channels for
4 use by the #olice and/fire agencies contained within the Namac area. The general rule is 100 radios
for each channel for appropriate justification and approval. This may be accomplished by installing
radio channels into other jurisdiction's mobile a portable radios that are likely to be utilized in area
wide coordination or emergency operations.
Option 2
The second option considers the consolidation of all VHF users in the current Namac system. This
would require the sharing of existing frequencies to provide the flexibility to dispatch and operate on
separate operating frequencies in order to streamline the efficiency of communications to the
satisfaction of the internal users. The 800 MHZ departments that are currently operating in that
radio spectrum, could remain autonomous for the short term until the FCC completes its
deliberations. Thereafter incorporating the 800 MHZ group into the communications operation or
changing frequencies as may be the case.
DISCUSSION,
The consolidation of the VHF spectrum of communications in the Namac area is relatively simple,
given the availability of start up costs. There needs to be a resolution to the issue of participation of
the PBC F &R organization into this scenario, due to the fact that PBC has responsibilities in the
geographic area and currently operates in the VHF radio spectrum. The need to coordinate with the
County F &R is equally as important as the consolidation issue. First, due to the County's
responsibility areas being interspersed with Namac areas. Secondly, due to the funding that is
available from the moving violations where the County is a participant. As with option 1 there is an
opportunity to change over to 800 MHZ. This would provide an adequate number of channels for
tactical operation and dispatching and would provide the ease of channel switching where needed-
There is a need in this option also to develop a Namac wide dispatch matrix for both the police and
fire service in order to standardize the process of dispatching as nearly as possible. There are 7
dedicated VHF channels identified for fire in the Namac area. There are 14 duplexed tactical
channels in the Palm Beach County Fire Rescue operation.
A FEASIBILITY STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
opt/on 3
Consolidate iU Fire and EMS dispatching services with the County's new communications center
currently under construction. This will result in no voids in communications for fire and EMS in the
Namac area. Thereafter consolidate the police communications through a smaller but coordinated
Communinatipns capability.
DISCUSSION:
Many of the jurisdictions within the fire organizations are either dispatched by or provided fire
service by the PBC F&R- Some of the other organizations are dispatched by the Sheriffs office, at
no charge. Six out of the ten jurisdictions surveyed are under this operational concept. The Balance
are dispatched by their own police departments. It is also considered that part of the cost savings is
in the consolidation of the Public Safety Answering Points (PSAPs) where 911 emergency numbers
are answered. The consolidation of the system could also provide increased efficiency in the
receiving and handling of 911 emergency calls at a single PSAP where persons exposed to a high
intensity operation are typically more skilled in expeditious processing of those calls.
This scenario would provide for cost avoidance through the utilization of dispatching services from
the county's new communications Centel, which is already being constructed with significantly
increased stability, for disaster resistance. It is anticipated that there would be a charge for those
services, but with some cost avoidance due to partial infiastructure already in place.
A FEASIBILITY STUDY ON CONSOLIDATED CONWJNICATIONS
DRAFT
5
COST ANAL YSiS
The following is a discussion and analysis of the anticipated costs incurred with the different
scenarios as it relates to consolidating the Namac area communications operation for fire, Police and
EMS.
'There are alternatives that may be included if the Namac steering committee determines that the first
alternative is not appropriate at this time. It should be noted that some data contained within this
report was estimated in an effort to meet the time lines established by the committee. There was
some of the budget data of existing organizations that was not easily identified as being
communications related within the existing documents examined.
Start up coats
The consolidated communications center operation has the option of operating out of a current
structure, which has been retrofitted in order to make it suitable for an emergency communications
operation, or it may opt for new construction, more substantially constructed than the conventional
construction codes require. The purpose of this is to protect the nerve center of the emergency
response and operations of the Namac communications net work.
New construction of a communications complex in the NAMAC area, -000 Square feet
at $155.00 Per square foot.
$310,000
13 consoles @ 50 sq. Ft ea.
650sq. Ft.
Computer equipment room
500 sq. Ft.
Data Management room
400 sq. Ft.
Managers Office
144 sq. Ft.
Rest Rooms
100sq. Ft.
Kitchenette/Break room
144 sq. Ft.
Storage
62 sq. Ft.
Total
2000 sq. Ft.
10 A FEASIBU= STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
Thirteen (13) consoles at $12,000 each, installed. $156,000
5 consoles operational daily
1 console for the supervisor
1 training console
2 911 answering positions capable of being used for radio dispatching
1 In peak periods and disasters.
4 consoles as backup for disaster operations and growth.
Relocation of VHF equipment. $ 50,000
(If technical advisors agree that the transmitters can be operated
reliably in their current locations this price may be omitted.
CAD system, 1 $960,000
This system must be capable of providing both management reports
for the jurisdictions involved, but also must meet the needs of the
Namac participants. This includes both hardware, software and backup.
Emergency Generator purchase and installation. $30,000
Numerous emergency generators are available for relocation in the
isystem some paid for with 911 surcharge funds, as a result there may
be some cost avoidance on this issue..
Uninterrupted power supply (UPS), as with the generators there are $25,000
UPS units contained in the Namac area that would be available for
relocation. 'These were for the most part purchased with county
provided 911 surcharges.
The 911 PSAP component is not included here as anticipated costs are expected to be covered by
county 911 surcharge resources. It should also be noted that components listed maybe partially or
totally paid for by the 911 fund depending on the extent of utilization and justification as part of the
911 call receiving and processing.
Total (not ingiliding Dersonnel costs) $1.531.000
ALTERNATE RADIO SYSTEMS
If 800 MHZ is chosen in the start up phase, the following costs would
be anticipated to be incurred.
800 NIHZ radio system, trunked, with a miurimum of five (5) frequencies $900..000
containing a mini m m of 10 sub - fleets frn a total of 30 tactical operating
groups. This would provide all participants to have all approved charnels
m their radios and would entail only coordinsum and nhm-r el switrhi* to
communicate with any unit or orpmzation m the system. 716 pricing provides
the inizaat'ructare for a single site trig and receiving facility in
the Namac area, wui. the appropriate redundancy off site in the event of a
cateaftrl ±
DRAFT
In the event an engineering study determines that another transmit and
receiver, repeater site is required the cost is anticipated to be approximately
$800,000 as this is essentially a duplicate sight in terms of $800,000
transmitting, receiving, tower and accessories for functionality.
Total (not includine personnel costs 1 00
Mobile and Portable radio equipment would be expected to be purchased by each entity.
800 MHZ Mobile radios Each $3,000
800 MHZ Portable Radios Each $3,000
PRO -FORMA AFUDOET OF RECURRING COSTS
PERSONNEL COSTS
1 Center Manager
3 Shift Supervisors
1 Training Coordinator
37 Communications Operators
Benefits package estimated at 20%
Operating Costs estimated at 6.25%
Capital Costs estimated at 6.8%
At $35,400
$35,400
At $287622
$85,866
At $28,622
$28,622
At $23,000
$851,000
$200,178
$85,429
$92,949
Total estimated operating costs for the consolidated communications center
on an annual basis. $1,379,444
Current expenditures are reported to be $ 2,103,126 and represents an annual
savings by consolidation in currently expended funds from all jurisdictions
surveyed of, $(723,681)
Cost Impact of recurring costs in a consolidated communications center for the NAMAC.
Note that the costs reflected here are averages as there are numerous variations
in the methodology and job functions of existing personnel and equipment.
Personnel in many cases are performing dual roles in their current communications
operator positions, and may be retained by their current organizations. Some equipment may not
be available for relocation considering their dual use in the current physical plant in which
they are installed. It should also be noted that the personnel identified as current does not
include those personnel who were not communications operators as their primary function.
Personnel Costs
at an average cost of $23,000 plus 20% benefits
for a total of $27,600
Existing Needed Savings
64 42
$1,766,400 $1,159,200 ( $607,200)
PSAPs (Public Safety Answering point) 6 @ $5000 1 @ $5,000 ($25,000)
12 A FEASIBILITY STUDY ON CONSOLIDATED COMMIMCAnONS
DRAFT
FINANCIAL RESOURCES
V/SCUSS /ON
The financial resources required to fund the consolidation of the Emergency Services
communications network in the Namac area will depend largely on the option or combination
thereof that is selected for the process.
There are a number of funding vehicles that are available for selected portions of the
communications center operation. The following discussion is a review of those funding
mechanisms.
91 f SURCHAM nE PUND
A review of the usage of the funds collected for the support and maintenance of the emergency
communications center indicates that current rulings pursuant to the statute, support the use of the
911 surcharge for consoles related to the answering of 911 emergency calls, the peripheral telephone
system, PSAP switches necessary, furnishings associated with 911 service delivery and the
infrastructure associated with its maintenance and continued operation, such as generators and
Uninterrupted power supply units., The 911 funds can also be used for the purpose of continued
operation and some limited personnel costs associated with answering and processing emergency
911 calls.
I, There is a considerable savings to the county 911 program in the consolidation effort. Therefore it
would be reasonable to expect that all the start up costs associated with consolidation of PSAPs and
other costs connected with 911 in a consolidated center would be paid out of county funds. It is also
a reasonable expectation that the recurring operating costs associated with the continued operation
of the single 911 PSAP would also be underwritten in their entirety by the 911 funding mechanism.
State approved surcharge on moving traffic
vl014MtiOna.
The Florida Legislature in the 1996 session passed a $12.50 surcharge on moving traffic violations
for the purpose of funding improved communications.
1 A Review of Florida Statutes Chapter 316.655(6) and Chapter 318, and CS for SB 892 Passed by
13 A FEASIBILITY STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
the Florida Legislature in the 1996 session, modifying chapter 318.21 was conducted.
The language of the statute indicates that the County is the custodian of the funds for the purpose of
funding the county's participation in an intergovernmental radio communications system. In the
absence of the county's participation in such a program, the County is to provide such funds to local
law enforcement for automation and for the municipality in which the moving violation occurred.
Interviews with county officials indicate there is some degree of difference in the interpretation of
what the county's participation means. In order to secure the funds for the consolidation operation
under the statute it appears that; (1) the county would have to be a partner in the consolidation of
the Namac as a participant in the communications network, or; (2) the Namac and its individual
agencies would have to negotiate with the County in order to secure a portion of funding for the
consolidation effort.
OTHER FUNDING MLECHAN SMS
Law enforcement forfeiture funds
A special act of the Legislature for a special funding for the project.
A short term special purpose tax, could be submitted for referendum for the purpose of funding
improved Police and Fire Communications systems. See appendix
Bond issues for the project.
Under the same circumstances as stated above. The debt service principal could be budgeted
through the annual process for each participating jurisdiction.
Grants
Currently grants are available for qualified applicants in from the Department of Communitv
Affairs, Division of Emergency Management for regional coordination of emergency operations.
The Countrywide Public Safety Communications Committee is currently investigating a grant from
the Telecommunications and Information Infrastructure Assistance Grant Program.
Annual budgeting of start up and recurring operating costs by participating jurisdictions on a basis
of population served. See proposed funding graph.
14 A FEASIBILITY STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
PorE7NnAL /MPA CT OF
COMMON /CAT IONS
CONSOL /OAT /ON ON THE
/NSUR.4NCE SERI//CE OFF /CE
C150; RAT /NG OF THE NAMAC
AREA
1 Existing ISO ratings for the study area known as Namac is as follows:
riviera beach 4
Juno Beach 4
Mangonia Park 5
Tequesta 4
Palm Beach Gardens 3
Palm Beach Shores 6
North Palm Beach 6
Lake Park 4
Jupiter 4
Jupiter Inlet Colony 4
The Insurance Service Office advises that a year history developed on the continued successful
operation of the consolidated communications center operation is usually the norm. Secondarily the
compliance by the fire service with accepted standards of receiving alarms from the communications
center, in conjunction with the CAD system would be taken into consideration.. The consolidation
alone would not necessarily elevate the ISO rating of the fire jurisdictions covered in this study.
However, the ISO office on request would review the new communications system and consider an
improved rating if warranted. With an improved ISO classification the insurance premiums for fire
insurance would reflect a more favorable rate. The most significant rate improvements are
characteristically in the business community, where fire insurance premi»mc are the most noticeable.
Fire insurance in the residential setting is a component of the home owners insurance program and
occupies a portion of the homeowners insurance premium.
15 A FEASIBILITY STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
r:
RECOMMENDAT ION
OPTION 1
The study as conducted dictates a strong recommendation of a consolidated Police and Fire
centralized dispatch system for the Namac area as described in option 1.. This recommendation
should be phased in over the next two years on a planned schedule of development that will
incorporate new construction, E -911 relocation into a central single PSAP, and consolidating
existing VHF radios and long term planning for development or an 800 MHZ plan for operations.
J9r#W rEC /C ARLA V OF /MMEMEN'I ArION
Sequentially displayed the general development plan recommended is as follows:
1. Initiate a technologv study as to the current locations of the VHF transmitter sites_ to
determine their suitability for either relocation to a new communications center or can they be
reliably operated from their current locations.
A. Will existing towers be suitable for VHF operation and will these same towers be suitable for
800 MHZ if and when it comes.
B. Will a single 800 MHZ transmitter/Receiver site in the Namac area provide reliable 800
MHZ communications, or will another simulcast receiver /transmitter repeater site be required.
C. Are the existing VHF radios capable of loading and sharing frequencies of multiple agencies
for coordination and tactical assignments?
16 A FEASIBRITY STUDY ON CONSOLIDATED COMMUNICATIONS
DRAFT
PHASE /
Approve a joint funding methodology for the new center., employing
new construction. Enter into a design program for the new center sized
Ito meet the needs of the entire Namac area. Plans completed by 6 -1 -97
Construction bids by 9 -1 -97
Construction started by 1 -1 -98
Relocate existing generators and UPS capability into the new structure
as part of the construction project.
Identify the desirable CAD features and develop a request for proposal
to include both hardware and software for the communications center design. By 9 -1 -97
Establish planning with the telephone utility for transferring the existing
PSAP's to a single PSAP with a minimum of 15 incoming emergency
( 911 lines. The actual installation should be consistent with the General
contractors development schedule. Plans to be completed by 1 -1 -98
Develop plans and have a contractor selected for the relocation and/or By 1 -98
remote operation of existing VHF and 800 MHZ transmitters and receivers.
Prepare and submit an RFP for radio consoles suitable for VHF and later By 1 -98
for 800 MHZ. Easily convertible for the upgrading if needed.
Note: Ergonomic design in consoles and chairs is imperative for long term
high performance of dispatch personnel.
Operations can be initiated in the consolidated center by August 1998
Employee staffing of the center can be accomplished preferably by single
agency employment, whether by government or by private employers.
The communications center should clearly define police and fire dispatchers separately and distinctly
with specialized training for each. While cross training is effective, frequent oscillation between
their specialized assignments lowers the efficiency in each position.
' If the Namac opts for a private enterprise operation of its communications function. the center, its
equipment, and infrastructure should be owned by the participants. The contractor should then
provide the staff, training and maintenance to deliver continued emergency communications
operations. A Change in contractors therefore does not provide a crippling effect on emergency
communications.
The center in any event, whether operated by public employees or private, should have a steering
committee of user /participants that have binding authority over the operational output of the center.
17 A FEAS11BnXrY STUDY ON CONSOLIDATED CoNRA ICAnONS
DRAFT
PHASE 2
Develop the parameters of the 800 MHZ radio system and present those
parameters in an RFP for vendor selection. By August -98
Note: It is strongly recommended that all radio electronics be purchased, installed, tested and
warranted by a single vendor. Historical observations of communications center operations where
components for several low bidding vendors were assembled for a completed system proved to be
disastrous in that system accountability is extremely difficult to pin point. While many vendors tout
a seamless system, a multiplicity of vendors for a single radio system generally has problems that a
single vendor does not have.
Establ_i-h a target date of no later than January 1999, to accomplish the following:
Develop a communications capability that utilizes the technology of 1999 into the Namac
regional communications center operations. This technology may include 800 MHZ, digital
Technology, Mobile Data Terminal use in all Fire and Police units, and mobile location tracking of
public safety units for true nearest unit dispatching. Many of these technologies are being finalized
( in the upper radio spectrum as this report writing. Considering the investment and the criticality of
r Police and Fire emergency communications and the emergency management aspect of the
communications center, it is only prudent to take advantage of the technical enhancements that are
available to the emergency services to improve their capabilities.
18 A FEASIBILITY STUDY ON CONSOLIDATED COMMUNICATIONS
POPULATION PROFILE
JU.IN.COL (0.29 %)
J U P ITR (24.24 %)
LAK PK (4.85 %)
NO.PB (7.62 %)
PBS (0.69 %)
PBG (29.09 %)
TEQSTA. (3.12 %)
MANG PK (1.00 %)
JU. BCH (3.46 %)
RIV.BCH (25.63 %)
DRAFT
NAMAC COST DISTRIBUTION RECOMMENDATION
ANNUAL OPERATING COSTS
JURISDICTION
COMM.
CALLS
POP,.
BUDGET
BUDGET
BUDGET
FOR SER.
PERCNT
SHARE
RIV.BCH
528000
83950
37000
0.2563
353551.5
JU. BCH SO
0
1500
5000
0.0346
47728.76
MANG PK SO
0
4500
1450
0.01
13794.44
TEQSTA
181,320
621
4500
0.0312
43038.65
PBG FIRE AD
923000
82000
42000
0.2909
401280.3
PBS SO
0
1530
1000
0.0069
9518.164
NO.PB
360000
8200
11000
0.0762
105113.6
LAK PK
292126
9805
7000
0.0485
66903.03
JUPITR
307,000
32000
* 35000
0.2424
334377.2
JU.IN.COI SO
0
750
425
0.0029
4000.388
totals
2103126
224856
144375
0.9999
1379306
CURRENT BUDGETS
lu�UFI
LNAK
E PI
MA N� S
RU. IV.
9
OPERATING
1000000
Dollars
i
i
Budget
share
Operating
JU� �C
P
MANU� S
IV.Bi
500000
DRAFT
START UP COST ALLOCATION
BY CITY
does not include personnel costs or purchase of individual mobile and protable radios
Start up costs with VHF 1531000
start up costs with 800 MHZ 2381000
NOTE: Cost sharing is calculated based on the construction and equipment
for the central communications center, Mobile and Portable radios will alsc
have to be purchased by each entity if the 800 MHZ option is selected.
BUDGET
START UP
STARTUF EQUAL
EQUAL
PERCNT
VHF
800 mhz
COST VHF
COST 80C
RIV.BCH
0.2563
392395.3
610250.3
153100
238100
JU. BCH
0.0346
52972.6
82382.6
153100
238100
MANG PK
0.01
15310
23810
153100
238100
TEQSTA
0.0312
47767.2
74287.2
153100
238100
PBG
0.2909
445367.9
692632.9
153100
238100
PBS
0.0069
10563.9
16428.9
153100
238100
NO.PB
0.0762
116662.2
181432.2
153100
238100
LAK PK
0.0485
74253.5
115478.5
153100
238100
JUPITR
0.2424
371114.4
577154.4
153100
238100
JU.IN.COL
0.0029
4439.9
6904.9
153100
238100
Total
1530847 Total
2380762
1531000
2381000
Start up costs with VHF 1531000
start up costs with 800 MHZ 2381000
NOTE: Cost sharing is calculated based on the construction and equipment
for the central communications center, Mobile and Portable radios will alsc
have to be purchased by each entity if the 800 MHZ option is selected.
VHF COMMUNICATIONS
COST SHARING
i
� r
1
START UP COSTS 500000
800 MHZ COMM CENTER
Jl
COST SHARING
oI
500000
START UP COSTS 1000000
DRAFT
9
APPENDICES
MUTUAL AID AGREEMENTS APPENDIX A
MAP OF THE NAMAC AREA APPENDIX B
INVENTORY CHARTS APPENDIX C
APPLICABLE DESIGN AND PERFORMANCE
STANDARDS APPENDIX D
COUNTY WIDE PUBLIC SAFETY COMMUNICATIONS
SYSTEM FOR MUNICIPALITIES, SUMMARY
REPORT APPENDIX E
APPLICABLE STATUTES AND RULES APPENDIX F
19 A FEASMITY STUDY ON CONSOLIDATED COMMUNICATIONS
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: May 7, 1998
Subject/Agenda Item:
Item for Discussion: MacArthur Foundation letter of comment on the comprehensive plan
and EAR -based amendments.
Recommendation /Motion:
Staff is seeking Council direction on the Foundation's comments /requested changes.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Planning Div' sio
[ ] Approved
ACM
$ 0
[ ] Approved W, conditlons
Current FY
Other N/A
[ ] Denied
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other N/A
Letter dated 2/19/98;
[ x ] Not Required
Staff responses
Submitted by:
-K ffzv;�--4—
-
Growth Mgt. Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ x I Not required
BACKGROUND:
At the Transmittal Hearing for the EAR -based amendments, Rick Warner of the
MacArthur Foundation presented a five page letter of comments and suggested
changes. Most of these deal with basic City policy and staff must defer to Council.
Staff has provided its response /recommendation on each comment. Without specific
Council direction, staff will not be changing any of the comprehensive plan or EAR -
based amendment provisions.
$ummary of MacArthur Foundation Comments with Staff Response
1(a). Eliminate requirement for residential land use in a Mixed Use Development.
Plan Provision:
Mixed Use Development (MXD): The MXD designation is designed for new
development which is surretmded characterized by a variety of existing integrated land
use types. The intent of the district is to provide for a mixture of uses on single, large
parcels in order to develop sites which are sensitive to the surrounding uses, desired
character of the community, and the capacity of public facilities to service proposed
developments. This future land use designation is also intended to foster infill and
redevelopment efforts. deter urban sprawl and encouraee new affordable housinti
opportunities. as well as lessen the need for additional vehicular trips throutlh the
internalization of trips within a neighborhood or nroiect. To create a functionine.
multi - faceted tvpe of development. mixed use development is dependent on the
successful integration of distinct uses. Integration is defined as the combination of
distinct uses on a single site where impacts from differine uses are mitiLyated through
site design techniaues. and where impacts from differing uses are expected to benefit
from the close immediate proximity of complementary uses. All reauests for
development approval based on a mixed use concept must be able to demonstrate
functional horizontal integration of the allowable uses. and where applicable. vertical
integration a$ well, The following are the minimum criteria to be used for development
of sites designated as MXD:
1. An MXD shall be developed as a Planned Community District or a Planned Unit
Development. However, land development regulations adopted to implement this
Comprehensive Plan shall ineiude a maintain mixed -use Supt)_ lemental regulations
zoning district to provide further criteria for the development of sites with MXD Future
Land Use designations, including parking rea_uirements, permitted uses, setbacks and
other considerations.
2. MXDs shall have frontage on at least one arterial. The Citv's Conceptual
Thoroughfare Plan shall be accommodated to expand the roadwav network through the
provision of new local streets which serve new neighborhoods in the City's developing
areas. ailu �iaii v% ouLivuilucu vy iuvi; Luail vile. C;X -15t ug lailu u�% iyYa,. vT%.w%.uiai
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3. MXDs shall include a minimum of three (3 two (2) of the other Future Land Use
Categories described in this element. Residential must be one of these uses. No single
use may comprise more than 60% of the area. Recognizing that mixed use proiects
have varving characteristics intensity measures are indicated below which provide
flexibilitv in terms of minimum and maximum land allocations. Howcvcr, t The City
Council may waive this the maximum nonresidential height limit for employment center
IL buildings located at the intersection of two arterials. - l�v�a►vil ii it a uuuul- ulat uli
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General Mixed Use Future Land Use Cateeory Intensitv Measures
Land Vse
Land Allocation
Lot Coverage
Heieht
Onen Space
Min 15%
Neighborhood
Min 2%
Max 70%
Min 2 Fl
CQmmercj4l
Max, 30%
Max 4 Fl
Residential High
Min 20 °/p
Max $0%
Min 2 Fl
Max 60%
Max 4 Fl
Residential Low
Min Q%
Max 50%
Max 2.5 Fl
May, 64%
Emplovment Center
Min 2%
Max 70%
Max 4 Fl
Max 3Q%
$pecial Definitions:
Neighborhood Commercial land shall be used for community- serving retail, service,
office and business uses. At least 25% of the net building area shall be designated for
residential use and shall be located above the ground floor.
Residential High land shall have a maximum density of 15 units /acre.
Employment Center land shall be used for corporate offices, light, industry, hotels.
warehousing, and similar uses. Employment Center lots shall generally be grouped
together.
4. The individual uses. buildings and /or Ekdevelopments pods within MXD districts shall
include interconnecting pedestrianways and plazas and snail provide eQnnections to the
Parkwav System. Nonresidential uses shall have an internalized relationship with the
residential component and multi -modal accessibility.
Staff Response: Council directed staff to make this a specific provision of the MXD. While
DCA does not specify what type of uses must be included in mixed use
development, they do require that a minimum of 2 different land uses are
designed into the project.
The intent of the MXD is to encourage projects where people can live,
work, shop and recreate without having to travel on the roadway network
for each activity. Council had provided comments to staff during
workshops that the best means to fulfill this intent is to require a
residential component in each MXD.
This matter is not an issue with DCA, and is a Council policy directive.
1(b). Maintain waiver for single owner /occupant.
Plan Provision: see last two sentences of enumeration #3 from MXD definition above
Staff Response: DCA requires that mixed use developments contain at least 2 different
land uses, so the `waiver' language had to be revised with the EAR -based
amendments. The policy has been rewritten so that 3 land use types are
no longer required, rather a mix of 2 uses (one of them being residential).
The `waiver' to a single use will not be accepted by DCA, so if a `major
professional high wage paying employer' cannot share one of the
designated MXD sites with another use, then the property needs to be
redesignated to another land use category.
Staff does not recommend a change.
2. DRI vesting.
Staff is seeking advice from the City Attorney on this matter, we will bring it back at a
future meeting.
3. Policy 1.1.6.5(a)
Plan Provision:
Policy 1.1.6.5.: PGA Boulevard shall be developed as the "Main Street" of Palm
Beach Gardens using the following techniques:
a. FollowinLy completion of the PGA Boulevard /Alternate A1A urban interchange.
a new CRALLS (_Constrained Roadway at a Lower Level of Service) -A Level of
Service Standard for PGA Boulevard shall be determined in coordination with
Palm Beach County, the Regional Planning Council, and the State Department
of Transportation with the maximum number of lanes being six;
b. The Citv shall maintain the PGA design guidelines as regulations A streetseape
J _ .1_. _L_11 L_ �.��._1___� L__ in
u.,a.�__ Plaii 5na-li uCv.,iGV-_. vy .," which require the utilizations pf ihail
utilize landscaping, boulevard strips, pedestrian walkways, bikeways, buffers,
and setbacks to emphasize the various functions of PGA Boulevard as a divider
of different land uses and as a center of the City;
Staff Response: There is currently a lower level of service established for PGA Boulevard.
This LOS is reflected in the County's comprehensive plan, but not the
City's. With the EAR -based amendments, the City is adopting the current
LOS in Table 2A.
The County policy provides current (pre flyover) LOS and also states that
"upon completion of the PGA Boulevard/State Road 811 Interchange,
level of service D established for an appropriate uninterrupted flow
facility, for both daily and peak hour traffic shall apply to the link between
I -95 and SR 811. "
Rather than adopt LOS D, staff has written Policy 1.1.6.5(a) to evaluate
the need for a CRALLS. While it could be requested upon commencement
of construction, it will be after the flyover is completed and open for travel
that it can best be determined whether LOS D is appropriate or whether a
lower level of service is still needed.
Staff is neutral on this matter.
4. Professional Office Height Limit
Plan Provision:
Professional /Office (PO): Property designated PO is for future or existing business
and office centers. The PO category was included in the plan to distinguish office uses
from more intensive commercial uses such as retail. Professional Office land use
activities will be limited in intensity to a maximums lot coverage of 35 % of the site and
a maximum building height of 36 feet. The land development regulations mav_ further
restrict intensities,
Policy 1.1.1.4.: The City shall maintain rc�;�w, anu 1 %.Vise w �crc Am'C; )JCily, land
development regulations which provide for a Planned Community District (PCD) which
shall implement the following concepts:.....
g,. Throueh the PCD's flexibility. the City Council may grant waivers to the non
residential intensities described previously,
Staff Response: The 36' height limit is for straight zoning projects. Policies 1.1.1.4 and
1.1.1.5 provide Council with the ability to grant waivers through the PCD
or PUD process.
Staff does not recommend a change.
5. Conceptual Thoroughfare Plan - provide ability to have private roads
Plan Provision:
Policv 2.1.2,3.: The City shall implement the Conceptual Thoroughfare Plan (Map O)
to ensure that there is an adequate network of public street$ (City Collectors
Neiizhborhood Collector$ and Local Roads) to efficiently move traffic within the City and.
serve a$ a backup system to the County thoroughfare roads. Act»al alignments for these
public roadways will be established as part of the development review process.
Staff Response: The purpose of the conceptual thoroughfare plan is to designate future
public roads which will complement and provide alternatives to the county
roadway network. It would not be appropriate for these thoroughfares to
be restricted in access by gates.
Staff feels that the conceptual thoroughfare plan needs to be maintained
as a public roadway system. If some of these roadways are not desired for
full public access, they should be eliminated from the plan. After
adoption, a comprehensive plan amendment would be needed in order to
delete a roadway from the thoroughfare plan or to make a private,
restricted access roadway.
Staff does not recommend a change to the Objective 2.1.2, but defers to Council to
determine which future roadways to depict on the map.
6. Permit on- street parking
Plan Provision:
Policy 2.13.4.1.: The City shall prohibit on- street parking on all arterial, City and
Neighborhood collector roads.
Staff Response: Collectors are designed to collect and distribute tall c from
neighborhood to neighborhood, or within limited access subdivisions.
Staff feels that roads such as Holly Drive, Burns Road or Ryder Cup
Boulevard are not appropriate for on- street parking.
Staff does not recommend a change.
7. Parkway System - Limit Hood Road to a 55' parkway easement
Plan Provision:
Policy 2.1.6.27.1.: The parkways are shown on Maps A and I and include the following
_11 'U---
facilities s.iai1_ i ii�aui�auicu � Ycunwaya.
1) PGA Boulevard from Beeline Highway to Central Boulevard.
2) Central Boulevard from PGA Boulevard to Donald Ross Road.
3) Donald Ross Road from Prosperity Farms Road westward to the Palm Beach
Gardens city limits.
4) Beeline Highway from PGA Boulevard to the Caloosa subdivision.
5) Hood Road from Prosperity Farms Road Ccfi«ai Bou.cvaiu to a future North -
South Artery west of Florida's Turnpike.
6) Future North -South Artery west of Florida's Turnpike.
7) Future East -West Artery north of PGA Boulevard and south of Hood Road.
Staff Response: Staff recommended designating the eastern portion of Hood Road
as a parkway so that there would be a linear greenway and multi-
use pathway which connected to Frenchman's Forest ecosite (and
a possible nature center).
Staff is able to agree to reducing the parkway width on the eastern
portion of Hood Road (Central Boulevard to Prosperity Farms
Road) to 230, however, the western portion should remain 300'
wide.
Staff is seeking Council input on this issue before proceeding with any changes.
8. Parkway System - reduce parkway easement
Plan Provision:
Policy 2.1.6.4.9:3.: The designated rights -of -way for parkways shall be 300 -400 feet.
Staff Response: The City's Parkway System has been designated by Governor
Chiles as an urban component of the Florida Greenways System.
As well as providing a pathway system which promotes alternative
modes of transportation, the parkway system provides greenways
of native vegetative communities.
Only the first phase of parkway improvements along PGA
Boulevard have been completed. The second phase will include
the native greenway. Central Boulevard frontage at the BentTree
project provides the example of how the different objectives of the
parkway system are achieved (preservation of native habitat,
linear greenway, multi -use pathway buffered from the arterial with
landscaping, etc.) A SS' parkway would not accomplish the linear
greenway which is the component of the parkway system which led
to its designation as a Florida Greenway.
Staff does not recommend a change.
9. Eliminate super - majority vote for service provision in rural area.
Plan Provision:
Policy 9.1.4.2.(d): With a super- majority vote of the City Council, alternative service
mechanisms or provision of services at `urban' levels may be approved in the rural
service area.
Staff Response: Policy 9.1.4.2. establishes the differing urban and rural level of
service standards. To provide some jlexiblity, 9.1.4.2. (d) was
proposed. Staff has not yet heard what DCA 's position is going to
be on this policy. (We have heard that in other areas of the State
they are requiring the local government to be restrictive with
service provision in `rural' or `limited'service areas) This policy
provides a means for alternate service provision without
necessitating a comprehensive plan amendment. This policy
applies which an alternative to the established LOS policy is
requested, therefore, a supermajority vote is needed to approve
something than what is established as the norm.
Staff does not recommend a change.
10. Change the City's policy to allow commercial mining.
Plan Provision:
Policy 6.1.4.2.: All commercial mining practices shall be prohibited throughout the
incorporated area of the City.
Staff Response: This has been a city policy since at least 1990. Staff is currently
revising the Excavation and Fill code to further implement this
policy directive.
Staff does not recommend a change, but defers to Council for policy directive.
11. Allowing removal of fill from Loxahatchee Slough.
Plan Provision: See Policy 6.1.4.2. above.
Staff Response: Staff recommends against adding policy language as the letter
suggests, this will trigger an objection from DCA who is very
caustious about policy provisions for activities which can occur in
or around environmentally sensitive area.
The City was not party to the sale of the Loxahatchee Slough and
has no obligation to allow any mining offill which may have been
agreed upon by the County and Foundation.
The act of removing fill does not necessarily constitute
'commercial mining', and may be able to be permitted for the
Slough restoration. Some uses of this removed fill, or the means by
which it is conducted, may constitute `commercial mining',
however.
4400 PGA Boulevard, Telephone: (561) 626 -4800
Suite 900
Palm Beach Gardens, Florida 33410
THE JOHN D. AND CATHERINE T.
MACARTHUR FOUNDATION
February 19, 1998
The Honorable Joseph R. Russo,
Mayor
City of Palm Beach Gardens
Local Planning Agency
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Re: Public Hearing February 19, 1998 Regarding EAR -Based Amendments and
Proposed Ordinance 4, 1998
Dear Joe,
The Foundation has reviewed and previously provided comments to your staff regard-
ing the EAR -based amendments. Substantial progress has been made through work-
ing with your staff on many issues. However, there are several issues that we still have
concerns over and which adversely affect the financial value of Foundation land hold-
ings. We request that the City Council sitting as the Local Planning Agency incorporate
the following recommendations and direct staff to continue working with Foundation
staff to resolve these issues. It is our expectation that during the Department of Com-
munity Affairs review, that additional changes will be possible. Below is a list of our
concerns:
Future Land Use Element - Mixed -Use Development (MXD) Page 1-4 and Pol-
icy 1.1.1.3, page 1 -11.
a) In our opinion, the mandatory requirement of residential land use in all
MXD developments may cause unintentional consequences. Residen-
tial uses may, in fact, be in conflict with existing uses. For example,
Foundation Parcel 5B that is located east of Loehmann's Plaza and
north of North Corp would be severely limited by this residential re-
quirement. Historically this area has been planned and developed as a
commercial /industrial area. Introducing residential into this area is in-
compatible with the corTimercial/industrial nature of this area and, in our
opinion, should be avoided instead of encouraged.
Secondly, the goals of MXD development, i.e., reduced traffic, integrated
land uses, and pedestrian orientation can be achieved without requiring
the residential component. For example, the Embassy Suites complex,
which consists of retail, office and hotel, meets many of the intended
functions of MXD but does not have a residential component.
b) Our second MXD -Use Development concern is in regard to the granting
of a waiver provision allowed in the current city comprehensive plan, but
2.
not included in the EAR -based amendments. In the current plan, the
following provision provides a waiver opportunity:
... "However, the City Council may waive this provision upon a finding
that the intent of the MXD district can be met by a development with less
than three (3) use types. Such exceptions may include a single
owner /occupant of an entire (site) designated as MXD."
As you know, there are not many undeveloped sites in the City that allow
for new single -user office developments, i.e., Professional Office land
use designation. The MXD waiver provides a mechanism that allows a
major professional high wage - paying employer to relocate to the City
without a one -year wait to process a land use change.
The flexibility allowed by this current provision allows the Foundation to
respond to the market place and sell land. For example, recently AT &T
considered relocating 1,200 jobs to a Foundation parcel designated
MXD located in the City. The Foundation was able to offer this MXD -
designated site since the waiver provision would have allowed them to
proceed, if approved by the City Council. Although AT &T eventually de-
cided to relocate to Abacoa, there are other major corporations inter-
ested in moving to this community. We believe they would benefit from
this provision.
In our opinion, the current provision allows the City to be flexible and
proactive on certain parcels of land that have the location, roadway ac-
cess and other attributes to be major employment and commercial cen-
ters. Thus, we believe that the waiver provision should be included in the
new MXD.
Future Land Use Element DRI Vesting Language.
We request that language be incorporated into the comprehensive plan
that vests developments approved pursuant to Chapter 380.06 Florida
Statues, i.e., Developments of Regional Impacts (DRI) and amendments
to DRI's that are not substantial deviations.
Our primary concern is the Regional Center. The Regional Center DRI
has certain vested entitlements and assumed certain development order
obligations. There are several provisions in the proposed comprehen-
sive plan that will hamper development of Regional Center and not allow
it to be developed as currently approved.
Specifically, the maximum residential density of 12 dwelling units per
acre is less than the 15 dwelling units per acre approved in the DRI. If
the proposed maximum of 12 units per acre were imposed on the Re-
gional Center, the development will not be able to achieve the 1,600
residential units approved.
Another concern is the limit of two stories of professional offices adja-
cent to residential areas. Several Regional Center development parcels
are approved adjacent to residential areas. If these pods are limited to
two stories, there is not enough land to build the remaining one million
square feet of office space.
2
3. Land Use Element Policy 1.1.6.5(a).
In our opinion, the timing of the CRALLS request should be tied to the
letting of a construction contract for the PGA Blvd. /Alternate A1A urban
interchange as opposed to completion as currently proposed in the EAR
Based Amendments. We request that this be changed to be consistent
with the County Traffic Performance Standard ordinance and further will
allow the CRALLS request to be made two years earlier (2000/2001) as
opposed to 2002/2003 for completion.
4. Land Use Element Professional /Office, Pages 1 -2.
In our opinion, the maximum building height criteria of 36 feet is overly
restrictive. We believe that the building height should be equivalent to
the maximum, not greater than, the commercial land use building height.
5. Transportation Element Objective 2.1.2, Map O and Table 12A.
We believe that policies affecting roads identified on the Conceptual
Thoroughfare Plan should have additional flexibility. We recommend
that the option of being designated public or private should be incorpo-
rated into the policy, if the adjacent lands are owned by a single land
owner. In many cases, the roadways are located on Foundation hold-
ings that we believe are more likely to be developed as private gate -
housed communities. As you know, public roadways are not appropriate
nor compatible with gated communities.
6. Transportation Element Policy 2.1.3.1 - On- Street Parking Prohibited Neighbor-
hood Collectors.
On- street parking should be permitted and encouraged on neighborhood
collector roadways, not prohibited as now proposed. Current planning
trends, Florida Department of Transportation, and other state agencies
now encourage on- street parking. Security of residential neighborhoods
and traffic- calming techniques are additional reasons for encouraging
on- street parking.
7. Transportation Element Policy 2.1.6.2 and Map A, Future Land Use Map and
Map 1, Conceptual Linkage Map.
We recommend that Hood Road Parkway between Prosperity Farms
Road and Florida's Turnpike should be limited to a 55 -foot width park-
way on both sides of the rights of way and not the 300 -400 feet as pro-
posed. Precedence has been established for a narrower parkway with
the approval of several recent projects such as Gardens Presbyterian
Church and the Temple Judea redevelopment plan. Further, there are
many existing developments (Westwood Gardens, KOA Campgrounds
and Seacoast Utility) that make it impossible to create a unified func-
tional parkway.
As a result of these existing developments, it will impossible to provide
the functionality intended for a 300 -400 foot parkway. As demonstrated
along PGA Boulevard east of Central Avenue, the 55 -foot parkway pro-
vides pedestrian and bike pathways as well as landscaping needs.
K3
In regard to item seven of this policy, Future East -West Artery north of
PGA Boulevard and south of Hood Road, we recommend that the park-
way also be limited to 55 feet on both sides of the roadway, assuming
that the roadway will be needed.
8. Transportation Element Policy 2.1.6.4 - Parkway Widths.
In our opinion, parkway widths should be reduced from 300 -400 feet to
widths that will provide the functionality intended for the parkway. The
City should evaluate the need for these widths and determine if a 55-
foot parkway can provide the same benefits. As stated above, PGA
Boulevard east of Central Boulevard functions well in only 55 feet. It is
beautifully landscaped and the bike /pedestrian path provides ample lin-
ear park functions.
9. Infrastructure Element Reference to Policy 9.1.4.2. (d).
The requirement of a super- majority vote of the City Council to allow al-
ternative service mechanisms should be reconsidered. Further, in this
regard, an item in the comprehensive plan that requires a super- majority
is not necessary in our opinion. A simple majority, as is for the majority
of Council decisions, should be adequate for any comprehensive plan
items. Most major decisions, including the City's budget, are done on a
majority basis.
10. Conservation Element Policy 6.1.4.2 - Prohibited Commercial Mining.
Commercial fill operations are needed in the north county area to pro-
vide efficient and economical fill needs of the community. Currently, be-
cause of a lack of commercial mining operations in our area, much of
the fill used for construction of homes, offices, roadways and public
projects is imported from Palm City, Martin County and /or St. Lucie
County. Total prohibition of fill excavation inherently means less afford-
able housing, more expensive roads and public projects, as well as more
air pollution and diesel fuel to haul fill from areas outside the county. We
believe the City should provide fill mining operations to support the
community development needs.
The Foundation has potential fill sites and would be willing to collabora-
tively identify sites. With proper restrictions, the commercial mining op-
erations can be good neighbors and provide the fill needs for north
county developments.
11. Conservation Element Policy - Allowing Removal of Fill From Loxahatchee
Slough.
We recommend that a policy be incorporated that allows the removal of
fill and additional mining of fill from the C -18 canal located within the
Loxahatchee Slough. In fact, restoration of the slough may require re-
moval of fill from the C -18 Canal.
Secondly, as part of the financial compensation of the sale of Loxa-
chatchee Slough to the County, the Foundation retained a contractual
right to remove fill from the C -18 Canal. Thus, not allowing removal of
the fill is a financial loss to the Foundation. We request that the City in-
4
corporate a policy that recognizes and allows this mining -type operation
in that portion of the C -18 Canal located within the Loxahatchee Slough.
Although the Foundation believes we have completed a comprehensive review and
have identified most of the issues, we reserve the right to provide additional comments.
As stated in the first paragraph of this letter, we would like to continue working with you
and your staff during the Department of Community Affairs' review.
The Foundation recognizes that substantial progress has been made in resolving our
concerns. However, we believe that if the EAR -based amendments are adopted as
currently proposed, they would be contrary to contemporary development practices,
create inordinate burden on the Foundation, and thus dramatically reduce the Founda-
tion's ability to sell its property at current market value.
Sincerely
w 1
v
Dale E. Smith
Director of Florida Operations
cc: Vice Mayor Lauren Furtado
Councilwoman Linda Monroe
Councilman Eric Jablin
Councilman David Clark
City Manager Bobbie Herakovich
,.-Director of Growth Management Roxanne Manning
Principal Planner Kimberly K. Glas- Castro
City Clerk, Linda V: Kosier
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