HomeMy WebLinkAboutAgenda P&Z 090809�T�.;
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TO:
DATE:
FROM:
SUBJECT:
CITY OF PALM BEACH GARDENS
MEMORANDUM
Planning, Zoning and Appeals Board Members
August 25, 2009
Growth Management Department
Planning, Zoning and Appeals Board Meeting
Tuesday, September 8, 2009 at 6:30 PM
Enclosed is the agenda containing the items to be presented on Tuesday, September 8,
2009. This meeting will be held in the Council Chambers, Palm Beach Gardens
Municipal Building, 10500 North Military Trail, beginning at 6:30 p.m.
Enclosed with this memorandum are the following items:
1. An agenda for the meeting;
2. A Growth Management Department staff report for the items to be heard.
As always, the respective Project Managers' telephone numbers and e-mail addresses
have been provided in case you have any questions or require additional information on
any petition. This will help us offer better staff support in the review of these
applications.
Cheryl Levy, Adr�.in�trative Assistant, will call to confirm your attendance.
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Kar L. Irwin, AICP
Growth Management Administrator
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CITY OF PALM BEACH CaARDENS
y0500 N. MILTARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410-4698
AGENDA
CI'�Y OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, SEPTEMBER 8, 2009 AT 6:30 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• ADDITIONS, DELETIONS, MODIFICATIONS
• REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN
• APPROVAL OF MINUTES:
PLANNING, ZONING AND APPEALS BOARD
Re�ular Members:
Craig Kunkle (Chair)
Douglas Pennell (Vice Chair)
Barry Present
Randolph Hansen
Michael Panczak
Joy Hecht
Amir Kanel
Alternates •
Donald Krzan (lst Alt.)
Joanne Koerner (2"d Alt.)
1. Recommendation to City Council
Ex Parte Communication (Public Hearing)
CUMJ-08-09-000015 Temple Beth David — Major Conditional Use with Site Plan
Larry Winker, agent for Northern Palm Beach County Jewish
Community Center, Inc., is requesting approval of an amendment to the Conditional Use
(CU) for Temple Beth David, located on the north side of Hood �Zoad, approxiinately 600
feet west of Military Trail. The proposed amendment would allow the expansion of an
approved one (1) story structure to include a 1,800 square feet second floor, and the
addition of 17 parking spaces. The second floor addition would house a youth lounge,
one (1) office space, and storage facilities.
Project Manager. Kate Wilson, Planner kwilson@pbgfl.com (799- 4235)
Planning, Zoniug and Appeals Board
September 8, 2009
2. Recommendation to City Council
Ex Parte Communication (Public Hearing)
PUDA-09-06-000021: Palm Beach Community Church — A request to modify the
approved development order for the Borland Center
Alessandria Kaflin of Cotleur & Hearing, Inc., agent for Palm Beach
Community Church, Inc., is requesting approval for modification of the approved
development order for the Borland Center to delete condition #41 regarding payment
of $250,000 to the City upon conveyance of the off-site mitigation site to another entity.
Project Manager: Martin Schneider, Plam�er mschueider cr,pb�fl.cotn (799-4237) (postponed from 08/25/09 PZAB)
3. OLD BUSINESS
4. NEW BUSINESS
5. ADJOURNMENT
In accordance with the Anzericans ia�ith Disabilities Act and Florida Statute 286.26, �ersons ia�itla disabilities �aeeding s�ecial acco�nmodations to
pa�•ticrpate in this proceea'ing should contact the City Clerk's Office, no later thaia five days prior to the prroceeding, at telepho�ze �rc�»iber (567)
799-4120 for assistance; rf hzaring im�aired, tele�hone the Florit[a Relay Service Nunzbers (800J 955-8771 (TDD) or (800) 955-8770 (VOICE),
for assistance. If a�erso�� decides to a�peal any decision n¢ade by the Planning, Zonrng and �lppeals Board, Local Pla�z�sing Agency, or Lm�d
Develo�nzent Regulatioias Commission, ivid� respect Go a��y �natter considered at such meetiizg or laem�ing, they ivddl need a�•ecord of dlae
proceedings; and for such, they nzay need to ensure thafi a verbatini record of the proceedings is naade, which record inclWdes the testiniony mad
evidence upwz which the appeal is to be based. Exact legal descri�tio�z av�d/or survey for the cases »aay be obtai�aed fi�o»� the files hz the Gro�a�th
Marzagenae�at Departnzeizt.
Common/pz agenda 08.25.2009doc
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CITY OF PALM BEACH GARDENS
PLANNING & ZONING COMMISSION
Agenda Cover Memorandum
Meeting Date: September 8, 2009
Petition #: CUMJ-08-09-000015
SUBJECT/AGENDA ITEM
CUMJ-08-09-000015 Temple Beth David — Major Conditional Use with Site Plan
Recommendation to City Council: A request from Larry Winker, agent for Northei•n Palm Beach
County Jewish Community Center, Inc., to approve an amendment to the Conditional Use (CU) for
Temple Beth David, located on the north side of Hood Road, approximately 600 feet west of Military
Trail. The proposed amendment would allow the expansion of an approved one (1) stoiy structure to
include a 1,800 square feet second floor, and the addition of 17 parking spaces. The second floor
addition would house a youth lounge, one (1) office space, and storage facilities.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: PZAB Action:
City Attorney: Growth Manageinent: [] Rec. approval
Project Finance [] Rec. app. w/ conds.
Manager�������,�/ Adininistrator: Rec. Denial
R. Max Lohman, Esq. 7 ��
Kate Wilson [ ] ContinLied to:
Planner N/A
Development Compliance: Allan Owens
, �`` � Planning
Manager
Bahareh K. Wolfs, AICP Natalie Wong, AICP
Accountant:
Growth Management �X] Quasi — Judicial
Admi� � trator: [ ] Legislative
� [X] Public Hearing Sarah Varga
Advertised:
Attachments:
Kara L. Irwin, AICP Date: August 28, 2009 Fees Paid: [X] Yes •: Project Narrative
o• Location Map
Paper: Palm Beach Post ❖ Traffic Concurrency
A,�proved Byo [�] �,ec�uired Budget Acct.#: Letter (2001)
(�ity Manager [] Not �equired N�A ❖ Ordinance 41, 1988
�:• Resolution 71, 1997
Affected Parties: ❖ Ordinance 29, 2001
Ronald M. Ferris [X] Notified ❖ Reduced Plans
[ ] Not Required
Meeting Date: September 8, 2009
Petition: CUMJ-08-09-000015
Page 2 of 10
BACKGROUND
In 1982, the Temple Beth David Master Plan was originally approved by Palm Beach County with a
"Special Exception" for religious use. The Master Plan approved by the County permitted the total
of 21,494 square feet; however, only 8,308 square feet was built.
In October 1988, the site was annexed into the City of Palm Beach Gardens by Ordinance 41, 1988
(see attached). The City initially gave the site a Residential Low (RL-1) zoning designation.
However, in July 1997 the City initiated a rezoning to Residential High (RH), in order to be
consistent with the existing future land use designation of RH.
In July 1997, City Council adopted Resolution 71, 1997, approving a Conditional Use (CU) that
allowed the Temple to expand from 8,308 square feet to 23,778 square feet (see attached). It is
important to note that this approved expansion was never built.
On September 4, 2001, City Council adopted Ordinance 29, 2001, which amended the previous CU
approval to allow the addition of 21,787 square feet to the original building, permitting a total of
30,095 square feet (see attached). The 21,787 square foot expansion included a Social Hall,
Sanctuary with 275 seats, a kitchen, storage space, and educational facilities to accommodate a
maximum of 102 day care students.
Currently, the site only contains 28,295 square feet of the approved 30,095 square feet. The
remaining 1,800 square feet that is vested, known as Building F, is planned to be constructed in
conjunction with the requested addition.
The subject petition (CUMJ-08-09-000015) proposes to expand an approved one (1) story structure
(i.e. Building F) to a two (2) story structure that would include a youth lounge, one (1) office space,
and storage areas. The second story will be 1,800 square feet in size, the same as the approved fii•st
floor. Additionally, the Applicant proposes to add 17 grass parking spaces to accommodate the
expansion, and pave 15 existing grass spaces due to over use (see Project Details).
LAND USE & ZONING
The subject site is zoned Residential High (RH) with a Conditional Use (CU) overlay. The future
land use designation is Residential High (RH).
(The remainder of this �age has been intentionally left blanlc)
Meeting Date: September 8, 2009
Petition: CUMJ-08-09-000015
Page 3 of 10
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CONCURRENCY
The subject property received traffic concurrency approval in accordance with Palm Beach County
Traffic Performance Standards on May 9, 2001, for a 30,095 square foot synagogue. The Applicant
is proposing to add 1,800 square feet that will include a youth lounge, one (1) office space, and
various storage areas. Because the proposed uses will be utilized by patrons, who already frequent
the synagogue, the additional traffic generated from the expansion was determined to be de minimis.
PROJECT DETAILS
Buildin�
The proposed second story addition is approximately 1,800 square feet, which will include a youth
lounge, one (1) ofiice space, and storage area. The previously approved first floor building, known
as Building F, is 1,800 square feet and will contain additional office space for the Temple. The
exterior walls will match that of the existing structure in both color (Benjamin Moore #115, 911 and
117) and texture, as shown in the exterior elevations. The proposed roof elevations will be flat and
have a height of 24 feet, well below the allowable height in the RH zoning district.
PaNkin�
To accommodate the 1,800 square foot expansion, a total of seven (7) parking spaces need to be
provided (1 space/250 s.£). The Applicant is proposing to add 17 grass parking spaces and one (1)
stop signe �o provide for the new grass parkzmg area, two (2) existing grass parking spaces have
been re�-noved to accommodate the new drive aisle (see Master Site Plan). Therefore, the site will
net a total of 15 new parking s�aces. Additionally, the Applicant is proposing to pave 15 existing
�rass parking spaces due to the arnount of deterioration that has occurred fi•om over use. Section 78-
�72 allows grass parking areas to be used no more than two (2) days or nights per week. Because the
grass spaces closer to the building were being utilized on a daily basis, it was determined that these
spaces should be paved.
Meeting Date: September 8, 2009
Petition: CUMJ-08-09-000015
Page 4 of 10
Site Access
The site currently has access from Hood Road along the east side of the property. The site also shares
an ingress/egress with Gardens Presbyterian Church, which is to the west ofthe Temple. The shared
entrance has been recorded on the Plats for both pro�erties as a Reciprocal Entrance Road Easement
Agreement. The shared access point can be accessed only by westbound traffic. No changes to the
existin� access are �roposed with this petition.
Si�nage
No changes to the existing signage are proposed with this petition.
Landscapin�/Bu�'ferin
The proposed conversion of 15 grass parking spaces to asphalt decreases the percentage of open
space on the site from 55.5 percent to 53.5 percent, which exceeds the code requirement of 35
percent (Section 78-314).
Phasin�
The expansion will not be completed in phases.
Draina�e
No changes to the existing drainage are proposed with this petition.
MAJOR CONDITIONAL USE ANALYSIS
Section 78-159, Permitted, Conditional and Prohibited Use Chart, allows a Place of Worship within
a RH zoning district as a Major Conditional Use. A Conditional Use Analysis has been conducted in
accordance with Section 78-52, Conditional Uses, (d) Criteria, of the Land Development
Regulations.
The following is staff's analysis based on the criteria set forth in Section 78-52(d), Conditional Uses:
1) Comprehensive Plan. The proposed use is consistent with the comprehensive plan.
The comprehensive plan designation for this site is Residential High (RH). The proposed
zoning designation is Residential High (RH), which is consistent with the comprehensive plan
designation.
2) Chapter requirements. The proposec� use is consistent with all applicable requirements of
this chapter.
The pro�osed maj or conditional use will be part of the existing place of worship. The Applicant
zs rec�uesting io add 1,800 square feet to the existing building and 17 parking spaces.
3) Sianclarcis. T'he proposed use is consistent with the standards for such use as provided in
Meeting Date: September 8, 2009
Petition: CUMJ-08-09-000015
Page 5 of 10
Section 78-159.
The proposed expansion is consistent with the standards listed in Section 78-159, Table 21
Permitted, Conditional and Prohibited Use Chart: Place of Worship (note 49).
(Note 49) Churches and places of worship shall comply with the standards provided
below:
a. Less than 1,000 permanent seats or approved capacity may be located as a major
conditional use in any residential zoning district, and in CG-1, CG-2, and P&I zoning
districts.
b. More than 1,000 permanent seats or approved capacity may be located as a major
conditional use in the following districts: CG-1, CG-2, PI, M-1, M-lA, and M-2.
c. Typical uses associated with churches and places of worship include the following:
1. Sanctuaries, assembly halls, or similar large meeting rooms where religious services
are held;
2. Community centers or fellowship halls, which may be the site of religious services,
but also used for community, athletic, fraternal, social, civic, charitable, and
recreational programs;
3. Offices utilized for administrative purposes related to the operation of the church
4.
5.
6.
or place of worship;
Religious merchandise or merchandise related to
worship may be sold in an accessory retail facility;
Playgrounds and athletic fields; and
the operation of the house of
Rectory or similar residence for religious officials, limited to one per place of
worship.
d. The following uses may be included within any major conditional use approval
granted by the city council to establish a church or place of worship, or as an additional
major conditional use operating as part of the facility:
1. School, elementary or secondary;
2. Da� care, child;
3. Day �are, �dulta
4. Assisted living facility; and
5. Monastery or convent.
e. Additional standards applicable to churches and places of worship are provided below.
Meeting Date: September 8, 2009
Petition: CUMJ-08-09-000015
Page 6 of 10
1. Up to 50 percent of required parking may be grassed consistent with section 78-372
of this chapter.
2. Minimum lot size is two (2) acres.
3. Churches and places of worship with more than 1,000 seats or approved capacity
shall be located on and provide primary vehicular access from the following
roadways: city collector, county minor arterial, state minor arterial, state, or state
principal arterial.
4. Lighting for athletic fields, parking lots, and security shall be shielded from
adjacent residential zoning districts.
5. All day care centers, elementary or secondary schools, monasteries or convents, or
assisted living facilities shall provide primary vehicular access from the following
roadways: city collector, county minor arterial, state minor arterial, state, or state
principal arterial.
f. Temporary uses such as special events, outside services, seasonal sales, seasonal
displays, other events of a limited nature may require a special events permit or approval
as required in section 78-187.
The proposed expansion is in compliance with the requirements set forth in Section 78-159
(note 49).
4) Public welfare. The proposed use provides for the public health, safety, and welfare by:
(a) Providing for a safe and effective means of pedestrian access;
No changes to the existing pedestrian access points are proposed with this petition.
(b) Providing for a safe and effective means of vehicular ingress and egress;
No changes to the existing vehicular access points are proposed with this petition.
(c) Providing for an adequate roadway system adjacent to and in front of the site;
No changes to the existing points of ingress and egress are proposed with this petition.
(d� Providin� for a safe and efficient onsite traffic circulation, parking, and overall
c�antrc�l? azasl
The subject petition proposes to add 17 grass parking spaces and to pave 15 existing grass
parking spaces, both of which will enhance the efiiciency of onsite traffic circulation.
(e) Providing adequate access for public safety purposes, including fire and police
protection.
Meeting Date: September 8, 2009
Petition: CUMJ-08-09-000015
Page 7 of 10
No changes to the existing site configuration are proposed with this petition
5) Screening and buffering. The proposed use utilizes such techniques as landscaping,
screening, buffering, site or building design, or business operation procedures to mitigate
impacts on surrounding properties, including such impacts as:
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(a)
(b)
(c)
(d)
(e)
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(h)
(i)
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Noise,
Glare,
Odor,
Ground, wall, or roof-mounted mechanical equipment,
Perimeter, interior, and security lighting,
Signs,
Waste disposal and recycling,
Outdoor storage of inerchandise and vehicles,
Visual impact,
Hours of operation.
The proposed expansion is minor in nature, cannot be seen from public right-of-way, and does
not increase the number of permitted sanctuary seats or students. Visually, the proposed
expansion will match the existing fa�ade in material and color, and all mechanical equipment is
required to be screened.
Utilities. The proposed use minimizes or eliminates the impact of utility installation,
including underground and overhead utilities, on adjacent properties.
The proposed change will have no impact on utilities on or off the site.
Dimensional standards. The proposed use meets or exceeds all dimensional requirement
required by the chapter.
All applicable dimensional requirements have been met.
8) Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies,
and standards of neighborhood plans.
�°here is �c� nei�hbor�ood plan foz° this arcea.
9� �om�atibility. `I`he overall compatibility of the proposed development with adjacent and
area uses, and character or area clevelopment.
The proposed expansion will include a youth lounge to be utilized by the students of the
synagogue. This use is complimentary in nature to the existing use and will not negatively
Meeting Date: September 8, 2009
Petition: CUMJ-08-09-000015
Page 8 of 10
affect the surrounding development.
10) Patterns of development. The proposed use will result in logical, timely, and orderly
development patterns.
The proposed expansion is minor in nature, and will be built in a logical, timely, and orderly
manner.
11) Purpose and intent. The proposed use will be in harmony with the general purpose and
intent of this chapter and the goals, objectives, and policies of the City.
This use is complimentary in nature to the existing use, and meets the intent of this chapter.
12) Adverse impact. The design of the proposed use and structures will minimize any adverse
visual impacts or impacts caused by the intensity of the use.
The visual impact of the proposed expansion will be minimal, and will match the existing
structure in style, color, and materials.
13) Environmental impact. The design of the proposed use minimizes any adverse impacts
that may be created, including impact on environmental and natural resources including
air, water, storm water management, wildlife, vegetation, and wetlands.
The site is currently developed with an existing Temple. The proposed petition is simply adding
an additional story above a previously approved building. There are no adverse environmental
impacts that may occur from this petition.
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
On October 28, 2008, the subject petition was reviewed by the DRC committee. To date, no
objections have been received. Since then, staff has been working with the Applicant to address
comments related to the project through the review process.
STAFF RECOMMENDATION
Staff recommends approval of �etition CUMJ-08-09-000015, which includes a site plan and major
�omditional use with the following conditions:
1 o Prior to the issuance of a clearing permit for the expanded grass parking area, the Applicant shall
pro�ide a tree inv�ntory ir� accardance with Section 78-305(c)(5) to determine compliance with
tree protectio� cocies. (C�ty �orester)
Meeting Date: September 8, 2009
Petition: CUMJ-08-09-000015
Page 9 of 10
2. Prior to Construction Plan approval, the Applicant shall provide an itemized cost estimate for the
project, including all landscaping and irrigation costs, as specified in Section 78-461 of the LDR,
for review and approval by the City in order to establish surety. The cost estimate shall be dated,
signed and sealed by a landscape architect registered in the State of Florida. Surery will be based
on 110 percent of the total combined approved cost estimates and shall be posted with the City.
(City Forester)
3. Prior to the issuance of the permit for vertical construction of the expansion area, the Applicant
shall submit a Landscape Plan with the landscape permit showing the minimum size required
palms and trees adj acent to the two (2) story addition at 17 feet for palms and 14 feet for trees.
Should any existing palms or trees have to be replaced due to damage or death during
construction of the two story addition, these heights shall apply. (City Forester)
4. Prior to issuing the Certificate of Occupancy for the expansion area, the Applicant shall remove
all prohibited and invasive nonnative plants from the site in accordance with Section 78-318 of
the LDR. (City Forester)
5. Prior to the issuance of the first land alteration permit, the Applicant shall provide construction
plans, including, but not limited to, paving, grading, and drainage plans along with surface water
management calculations and hydraulic pipe calculations for City review and approval. The
paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer
licensed in the State of Florida. (City Engineer)
6. Prior to the issuance of the first land alteration permit, the Applicant shall provide to the City
letters of authorization from the applicable utility companies allowing landscaping and light
poles to be placed within the utility easements. (City Engineer)
7. Prior to the issuance of the first land alteration permit, the Applicant shall provide a signed and
sealed pavement marking and signage plan, or provide the same on the engineering plans. (City
Engineer)
8. Prior to issuance of the first land alteration permit, the Applicant shall schedule a pre-permit
meeting with City staf£ (City Engineer)
9. Prior to the issuance of the infrastructure permit, the Applicant shall obtain a Site Lighting
permit and provide a signed and sealed Photometric Plan. (City Engineer)
10. Prior to the commencement of construction, the Applicant shall provide all necessary
construction zone signage and fencing as required by the City Engineer. (City Engineer)
11,1'rior to the issuance of the Certzficate of Completion, the Applicant shall provide copies of the
requir�d FDC)T° �estings fox ouz review, (City Er�gineer)
Meeting Date: September 8, 2009
Petition: CUMJ-08-09-000015
Page 10 of 10
12. The Applicant shall provide the City Engineer with copies of all permits, permit applications and
Requests for Additional Information (RAI's) to and from regulatory agencies regarding issues on
all permit applications, certifications and approvals. (City Engineer)
13. The construction, operation and/or maintenance of any elements of the subject project shall not
have any negative impacts on the existing drainage of surrounding areas. If, at any time during
the project development, it is determined by the City that any of the surrounding areas are
experiencing negative drainage impacts caused by the project, it shall be the Applicant's
responsibility to resolve said impacts in a period of time and a manner acceptable to the City
prior to additional construction activities. The City may cease issuing building permits and/or
Certificate of Occupancy until all drainage concerns are resolved. (City Engineer)
14. The Applicant shall comply with all Federal Environmental Protection Agency and State of
Florida Department of Environmental Protection permit requirements for construction activities.
(City Engineer)
15. Prior to the issuance of the first building permit, the Applicant shall submit a construction site
security and management plan for review and approval by the Police Department. Non-
compliance with the appr•oved security and management plan may result in a stop-work order for
the PUD. (Police Department)
16. The Applicant shall notify the City's Public Works Division at least ten (10) working days prior
to the commencement of any work/construction activity within any public right-of-way within
the City of Palm Beach Gardens. In the case of a city right-of-way, the Applicant has at least five
(5) working days to obtain a right-of=way permit. Right-of-way permits may be obtained at the
Building Division. Failure to comply with this condition could result in a Stop Work Order of all
work/construction activity within the public right-of-way and the subject development site.
(Public Works)
17. Prior to the Certificate of Occupancy for the expansion area, all rooftop equipment shall be
screened to the satisfaction of the Growth Management Administrator. (Planning and Zoning)
18. Prior to the Certificate of Occupancy for the expansion area, all approved modifications to the
parking area shall be completed. (Planning and Zoning)
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PROJECT DATA
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�' �� SECTION 36, TOWNSHIP 41 RANGE 42 EAST
2�1�1b�AT1dV R-� CONDITIONAL USE
uu�o u� RM
�i� nq�w 217,818 SQ. FT. 5.0 ACRES
CO(�Qf1ONAL 1JI� HOUSE OF WORSHIP, RELIGIOUS SCHOOL, PRE SCHOOL,
AS WELL AS COMMUNIIY AND SOCIAL ACTNITiES
FLOOR AFaGA 8tJM1AARY
A�IJNCTUMY AIR CONOITIONED FLOOR AREA S,6D2 SQ.FT.
B�OGALNALL AIR CONDITIONED FLO�R AREA 6,106 SQ.FT.
L'. IQiCi�11 Y�T917A� qIR CONDITIONED ROOR AREA 1,633 SQ.FT.
D �.aMr a �rTwoo� qIR CONDITIONED FLOOR AREA 4,7 62 SQ.FT,
E CLA�NIOG�M NR CONDITIONED FLOOR ARE4 2,484 S4.FT.
PIiAN'1 TOTAL AIR CONDITIONED FLOOR AREA 19,987 SQ.FT.
F PPIOPO�� �7'INJC7lA AIR CONDITIONED FLOOR ARE4 3,600 SQ.FT.O
PNA� Y TOTAL AIR CONDITIONED FLOOR AREA 3,BOO SQ.FT. �
CRYNIAL �7AlJCTIJ��i AIR CONDRIONED FLOOft ARE4 8,308 SQ.fT.
GRAND TOTAL AIR CONDITIONED FLOOR AREA 3�,$9S SQ.FT.�
on�u �nwa 120,943 SQ.FT. 55.5 % OF SITE AREA
�vou� /�w�w 96,&75 SQ.FT. 44.5 % OF SITE AREA
�r� aovs�wa� 30,095 SQ.FT. 13.8 % OF SITE AREA
PARKNO SUMMARY
PAFyQHO R� N PFIAN 1 275 SEATS O 3/ PARKING SPACE m 9'2 SPACES
(SEC. 180-PACE 293) 2750 50 FT OFFICE � 250 SQ F7 / PARKING SPACE . J SPACES
(SEC. 180-PAGE 291) 102 SRI�ENTS = 10 STUDENTS / PARKING SPACE = j j SPACES
112 SPACES
TOTAL PAF7a110 PADVO� lObi PMAA 1
TOTAI PAVED PARKING � 65 INCLUD:kG 5 PAVEO HC PARNINC SPACES
TOTPL GRASSED PARKINC =¢7 pARKING SPACES
TOTAL PPRKINC SPACES PROVIDED FOR PWSE i=>> 2 SPACES
PAqIGNO F'OI� N PNAN Y
3600 50 Ff E%PANSION . 250 50 FT / PPAKING SPACE _� S SPACES �
TOTAL PARa11O PADVO� PQ�i PM/►r 7 AI�O PFIAY G
TOTAI. PAVED PARKING . 86 INCLI/DING 5 PAVEO HC PARNING SPACES �
TOTAL GRASSED PARKINC - q] ppRK�RC SPACES
TOTA� PMNING SPACES PROYIOED IN PHASE 2= j 2] SPACES �
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PLANT LIST
PS$. �Y SdIY� BOTANIC.O.L NAME _^.'�: ��r�^: ":�A� $l� �6SrJL1Yi 2F_Aneo�g
240 PBG M TD 16 TAXODIl1N1 DISTICWUM BALD CYPRESS IT O.A., 3' CAL. A.S. FU-L E'fH�CK
25 PBG M Ll 5 UGWTRUM �UCIDUM TR� LIGUSTRUM T X 7' A,S FU1- E TNICK, MIA.TI-STEM
q M PT3 4 P7YCHOSPERMA ELEGANS ALEXAIJ�62 PALM 10-17 O.A. A.S. TRIPI-E'STEM SPECIMHV TOTAL OPHJ SPAf
30 PBG M TC 2 TAB�UTA CARAIBIA YO.LOW TABEBUTA 12' O.A. A.S. FU1 E THICK. SPECIK�I nor it�atmm�o cans;
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6pp pg� • V PE 40 PINUS 0.l.lOTTII S. FL SLASN Plt� 12' OA. 3' CAL A.S. RAL E THICK , INTERIOR WrDSCI
bq5 pgG • V CiL 43 C�UERCUS LAlR21FOLIA I-I+L�EI- OAK 12' O.A., 3' CAI.. A.S. FIA.L E'THICK, 5' SPD: �N'fER�OR LPNDSCJ
505 PPB�G • v �V 27 Q�RCUS VIRGINIANA LIVE OAK IT OA.� 3' CAI.. A.S. FUI-� E THICK, 5' SPU. �� �� ��
• V QVl 2 QUB2CUS VIRGINIANA LIVE OAK 20-27 O,A. A.S. FLA.L $ TNICK, 10' SPD., SPECIN�1 LANPSCAPE PT3. i
267.3 PBG . V IA 8 ILE�X A PTTE JUATA� E�P�ALA'�fKA HOLLY 7 O.P.75' SPD. A S. S�TAR6GER HTCS SINGIE S G� �S. ��`�� f'T& F
120 P8G � �CI
25 PBG M PR I PHOENIX RECLINATA SEN�GAL DATE PALM 18'-20' O.A. A.S. FIR.L, 5 S7EM MIN. S°ECIMBd Np,TIVE ^�.,F�ECIES P
160 PBG " V MCE 180 MYRICA CERIFB2A WAX MYRTLE ss3, 24' O.A. 24` O.C. F1A.L Q THICK TO BASE POINTS TA$LE
457 PBG • V CIC 457 CF82YSOBALANUS ICACO RED TIP COCOPUXni tt3. 24' O.A. 24' O�C. FU.I E'Tl-IICK TO BA$E '
73 PBG M VSU 73 VIBUfZf�'v1 SUSPENSUM SWEET VIBlP�2hAlM �3, 24' O.A. 24' O.G FIAL E TI-IICK TO BASE
• V IVO 665 IL4EX YOMITORIA DWARF YAIk�ON kOL�Y tt3, 12'XI2' 24' O.C. FU.L 8 THIqC TO BASE
�5 �+ M 1-9.A 160 H]'MH�lOCALLIS LATIFOLIA SPID62 LILY tt3, IB' O.A. 24' O.C. FULL E THICK TO BASE
160 � v � qQ7 CONOCARPU9 F..R�CTUS GREEN 8UT1�OtJWOOD a�, 24' O.A. 24' O.C, FIRL $ THICK TO BASE
407 P8G ai, 10`O:A. 12' O.C. FIA.L E TN�CK-70 BASE
155 PBG M LMU 310 LIj210PE MUSCARI G� LIRIOPE a6 IO' SPD. 12' O.C. FULL E TNICK TO BASE
50 PBG • V LCA 100 LANTANA CAMARA GOLDHJ LANTANA ttl, 12' O.A, IS' O.C, FIRL $ THICK TO BASE � -
215 P8G M EMI 215 Ek;�NOR6�A MILLII DWF. CROWN OF THORNS
Zp M ING ZO IXORA COCCIPEA NORA GRANT IXORA �s3, 24' O.A. 24" O.C. P1RI- i IH�CK TO BASE
48 PBG M RIN 48 RAPHIOLEPIS IfV�ICA INDIAN HAWTHORNE tt3, 20' OA. 2A" O.C. FlA_L E THICK TO BASE
153 PBG M JVO 159 JASMINUM VOLL�ILE WAX JASM�PE tt3, 14' SPD. 24' O.C. FL9.L E THICK TO BASE
26 PBG M CRI 26 CRINUM SPP. CRIMJM ULY 36' X 36' A.S. FU-L E 7HICK TO BASE
40 PBG M CRO 40 CODIAEUM VARIEGATU�1 CROTON tt3. 24' O,A. 24' O.C. FIS.L E TI-IICK TO BASE
3p0 �G " V �A 00 H�'AMB.IA�'PMA'fEtJS'�ANA Fj �REBU� �A� '�ASS �� 2�� 0 A' 24' O.C. F AL E THICK TO BASE
qp P6G M PSE 20 PNILODHdDRON SELLOUM SPLIT LEAF F'HII.ODB�DRON b3, 24' O.A. 24' O.C. FIA.I E 7HICK TO BASE
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- ALL INVASIVE PLANT SPECIES SNALL BE REMOVED FROM
SOD ST. AU6U5TINE'FLORITAM' (BAHIA IN ALL RETENTION AREAS>
2'-9' SNREDDED CYPRESS MlR-CH TO BE APPLIED TO ALL PLANTING BE�S.
NpTE ASTERIX DBJOTES NATIVE PLANT MAT921AL
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- ALI. LA(�SCAPE AREAS SNALL REC�EVE 100% COVERAGE
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190'i Commm��ce Lana
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561-5'75-955'1
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TEMPLE BETH DAVID CITY OF PALM BEACH GARDENS
STUDIO SEVEN ARCHITECTURE AND CONSTRUCTION July 27, 2009
As anticipated on the approved Master Site Plan Tempie Beth David is
planning at the present time to expand the existing enclosed area of the
Temple located on the north side of the existing original structure into the
area immediately adjacent to the north side of the original existing structure
and is designated as proposed space "F" on the Master Site Plan attached.
The present on site parking includes 65 paved parking spaces and 47 grass
parking spaces for a total number of parking spaces on site of 112 as
shown on the original approved Master Site Plan. Required parking for the
1800 sq. ft. ground level Office Expansion and the 1800 sq. ft. upper level
Youth Lounge is caiculated at 250 sq. ft. of space per parking space.
Therefore 15 additional parking spaces are required to serve the new 3600
sq ft Temple Expansion. The original approved Architectural Master Plan,
and Landscape Plan anticipated a proposed 90 ft. long asphalt drive lane to
be located in the north east area of the site adjacent to the existing grass
parking area.
The Master Site Plan dated 07 27 09 being submitted indicates that the 90
ft. long asphalt drive lane wili accommodate the additional 15 parking
spaces required plus 1 non parking space for traffic maneuvering purposes.
The developmental plans for the proposed Two Story Expansion for Temple
Beth David include new Office Spaces, Storage, File and Work Rooms on
the graund level and an upper level Youth Lounge, Restrooms and Storage
with some renovation of existing ground level office areas. The
Architectural plans have been developed in considerable detail for approval
by the Temple Building Committee and The City of Palm Beach Gardens
Growth Management Staff prior to completion of Construction drawings.
The additional existing structures shown on the Master Site Plan are to
remain unchanged by the Temple Expansion Program and a continuation of
material finishes and exterior paint colors is anticipated as specified.
LARRY J WINKER ARCHITECT AIA PAULA T WINKER CONTRACTOR CGC
PHONE 561 997 5997 FAX 997 2997 PHONE 561 997 5772 FAX 997 2997
STUD10
S E V E N A R C H I T E C T U R E A N D C O N S T R U C T I O N
6007 LE LAC ROAD BOCA RATON FLORIDA USA 33496 2303
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: September 8, 2009
Petition #: PUDA-09-06-000021
SUBJECT/AGENDA ITEM
Petition PUDA-09-06-000021: Palm Beach Community Church, Inc. PUD Amendment
Recommendation to City Council: Alessandria Kaflin of Cotleur & Hearing, Inc., agent for Palm
Beach Community Church, Inc., is requesting approval for modification of the approved
development order for the Borland Center to delete condition #41 regarding payment of
$250,000 to the City upon conveyance of the off-site mitigation site to another entity.
[ ] Recommendation to APPROVE
[X] Recommendation to DENY, with recommendation to revise condition
Reviewed by: Originating Dept.: FINANCE: N/A PZAB Action:
Growth Management: [ ] Rec. approval
Ciry Attorney
R. Max Lohman, Esq. Project !��'� Costs: $ N/A [] Rec. app. w/ conds.
Manager Total [ ] Rec. Denial
Development f Martin Schneider [] Continued to:
Compliance �' G��i AICP, $ N/A
Bahareh Keshavarz-Wolfs, Planner Current FY
AICP
[X] Quasi — Judicial
Plaiming Manager � �] Legislative Funding Source:
Natalie Wong, AI
[X] Public Hearing � � Operating
Growth Manag e [X] Other NA Attachments:
Administrator Advertised:
Kara L. Irwin, ICP �X] Required �• Applicantjustification
:• Application
Accountant [] Not Required 3 Conservation Easement
Budget Acct.#: • Purchase Agreement
Sarah Varga N/q :• Recorded Conservation
Date: August 28, 2009 Easement
Approved By: Paper: Palrra Beach Post •3 Off-site Preserve Area
Management Plan
City Manager :• Resolution 92, 2004
:• Resolution l0, 2005
S Council Memo for
Affected Farties: . Pebrua�y 17, 200�
Ronaid M, Ferris [X] Notified •:• Attorney lette,• dated
[] Not Required January 13, 2009
:• Letter from SPWMD
dated July 10, 2009
:• Borland Center Map
:• Off-site Upland
Mitigation Maps
Meeting Date: September 8, 2009
Petition: PUDA-09-06-000021
BACKGROUND
On August 5, 2004, the Borland Center/Palm Beach Community Church site (alca Borland
Center Property) was rezoned to a Mixed Use Planned Unit Development (MXD/PUD) by
Ordinance 13, 2004. The Borland Center PUD is approximately 45 acres in size, and located on
the north side of PGA Boulevard, between Gardens Square Boulevard and Shady Lakes Drive.
Resolution 92, 2004 approved the master plan, conditional uses, waivers, and conditions at the
same meeting. Two conditions of approval in the development order referenced the potential for
off-site mitigation to meet certain upland habitat protection requireinents.
Condition # 40 of Resolution 92, 2004 required no less than 4.33 acres of upland preserve to be
set aside either on-site or at least 3.39 acres of upland mitigation be provided off site, subject to
City Council approval as set forth in the condition. The condition also specified that if the off-
site mitigation is provided, the petitioner must still provide 0.94 acres of upland on site.
Condition #41 stated:
"In the event that off-site mitigation is provided through a conservation easement
and the underlying property is conveyed to the South Florida Water Management
District or other entity, the petitioner, successors, and assigns shall be responsible
for paying the City $250,000 for money in lieu of off-site mitigation within 90
days of the sale date. The petitioner shall, prior to issuance of the first building
permit, post a bond or other surety acceptable to the City to secure this
obligation."
Discussion during the August 5, 2004, adoption hearing indicated some confusion about whether
the condition applied if the easement stayed in place. However, audio minutes of the hearing
indicate clearly that the petitioner's attorney did accept the condition as written. Although it was
generally believed at the time that the SFWMD would require the release of the easement if they
purchased the property, the condition did not make any mention of the easement being removed
in order for the money to be paid upon conveyance of the underlying property.
On February 18, 2005, the applicant proposed off-site mitigation for the project, which was
approved by the City Council through adoption of Resolution 10, 2005. The proposed 4.63
upland mitigation parcel was located northwest of the Beeline Highway east of the North County
Regional Airport, and is part of the 256.93-acre parcel later acquired by the SFWMD. In the
City Council agenda cover me�no for the February 17t�' meeting, regarding the acceptance of the
�orland Centex oi�f site rmitigation site, the City's intent regarding payment if the property is
coz�ve�ed to th� S��JMI� is clearly stated:
2
Meeting Date: September 8, 2009
Petition: PUDA-09-06-000021
The applicant is conveying the Conservation Easement to the City and has
submitted a Management Plan for the property covered by the easement. The
applicant has provided the City with the information that the South Florida Water
Management District (SFWMD) may purchase the property in the future, but
maintain the conservation use of the property. The Borland Center Planned Unit
Development (PUD) development order, Resolution 92, 2004, provided a
condition of approval for the �ayment of $250 000 to the City in the event that the
property is conveved to the South Florida Water Management District (SFWMD,�.
(p.3) [emphasis added]
Staff's review of the specific language of Condition #41, the paragraph above taken from the
City's staff report, and the written and audio minutes from the Planning, Zoning, and Appeals
Board (PZAB) and Council meetings, shows that the intent of the condition was to require that
payment be made to the City in the event that the subject off-site mitigation property was
conveyed to the SFWMD (see City Attorney memo, dated January 13, 2009, attached). Since
the transaction conveying the subject property occurred on January 8, 2009, and no payment has
been made to date, the development order condition remains unsatisfied.
Other Off-site Mitigation Conditions
Other similar mitigation situations during the same timeframe involved Donald Ross Village and
Gardens Station. The Donald Ross Village rezoning to a Mixed-Use PUD was approved by
Ordinance 53, 2002, on April 10, 2003, and included an option for future off-site mitigation to be
provided through a separate instrument. Ordinance 23, 2004, Resolution 115, 2004, and
Resolution 125, 2004, which amended the PUD and provided for off-site mitigation, were all
adopted on July 1, 2004, prior to the Borland Center PUD approval (August 2004). The
condition related to off-site mitigation did not include any language concerning payment in lieu
of the property if it was transferred. Later in April 2005, Resolution 55, 2005 was adopted to
correct the legal description of the off-site mitigation site to encompass the entire property (5.47
acres), which included uplands and wetlands. The previous legal description referenced only the
three acres of uplands. The Donald Ross Village project, which was initially approved two years
earlier than the Borland Center and Garden Station projects, was not required to pay the City
when its off-site mitigation site was purchased by the SFWMD.
After the Borland Center PUD adoption in August 2004, the Gardens Station's PUD resolution
(Resolution 217, 2004) was adopted in December 2004. Both PUD resolutions had nearly
identical conditions regarding off-site miti�ation related to payment in lieu of if the underlying
pro�perties were conveyed to the SFWMD or ot�ier entities. Both resolutions were approved, with
these canditions, by the City Council and agreed to by the petitioners. The resolution accepting
the Garden Station's off-szte mitigation site (IZesolution $7, 2005) was approved in July 2005.
�
Meeting Date: September 8, 2009
Petition: PUDA-09-06-000021
While City Code has criteria for determining when off-site mitigation is appropriate, it does not
specify the form of off-site mitigation. City Council has the ability to develop acceptable off-site
mitigation by adopting conditions to best protect the public interest of the City. In all three
cases, the criteria to allow for the use of off-site mitigation were met. In the case of the latter
two approvals, City Council adopted specific condition language to ensure the public interest of
the City was suitably protected.
All three of the off-site mitigation sites have since been purchased by the SFWMD, as part of the
purchase of 256.93 total acres located generally east of the Beeline Highway across from the
North County Regional Airport. After the City received notification of the purchase, both the
Borland Center and Gardens Station petitioners were notified that they were in violation of their
Development Orders. The Gardens Station petitioner has since paid the City $110,000 reflected
in the condition of approval in Resolution 217, 2004.
Request
The Borland Center has submitted a petition to amend the PUD development order to delete
condition #41 requiring payment of $250,000 upon conveyance of the propei-ty to the SFWMD.
The logic of the request is that the SFWMD did not ask for the release of the City's conservation
easement, as was anticipated earlier in the process. In addition, because the conservation
easement remains intact, the SFWMD was able to purchase the parcel in question at a
significantly discounted price, and the intent of preserving the site for conservation purposes has
been fulfilled. The applicant's justification dated May 19, 2009, outlines the logic of the request
(attached).
Currently, the off-site mitigation parcel maintains the conservation easement, which only the
City can remove. The SFWMD has purchased the property as part of a larger land purchase for
preservation purposes, and is working jointly with the U.S. Army Corps of Engineers to
incorporate it into the Comprehensive Everglades Restoration Project (CERP). In addition, the
applicant's Preserve Area Management Plan (PAMP) for the site remains in place, and the Palm
Beach Community Church continues its responsibility for ongoing maintenance of the site.
However, the condition was precisely written to obligate payment to the City upon transference
of the underlying property to the SFWMD, or any other entity. The resolution was approved by
Council, and accepted as part of the Development Order by the applicant, with no request to
revise or eliminate Condition #41.
LAND USE & ZONING
The Borland Center PUD is approximately 45 acres in size, and located on the north side of PGA
Boulevard, between Gardens Square Boulevard and Shady Lakes Drive. The site includes the
Borland Center (the Palm Beach Comznunity Church and associated uses) and Midtown, a
mixed-use �roaect wit� re�ail, Gommerciai, restaurants, office, and residential uses. The site also
�
Meeting Date: September 8, 2009
Petition: PUDA-09-06-000021
has a 0.94-acre re-created native upland area that buffers the western edge along Shady Lakes
Drive and approximately seven acres of undeveloped open space, which may be developed in the
future.
TABLE 1.
EXISTING USE ZONING LAND USE
Subject Property
Borland Center/Midtown Mixed Use (MXD) within the Mixed (MXD) within the
PGA Boulevard Overlay PGA Boulevard Overlay
North
Residential
South
The Commons (south of
PGA Blvd.)
East
Garden Square Shoppes
West
Residential
Residential Medium Density
(RM)
MXD within the PGA
Boulevard Overlay
General Commercial (CG1)
within the PGA Boulevard
Over
Residential Medium Density
��)
Residential Medium Density
(RM)
MXD within the PGA
Boulevard Overlay
Commercial (C) within the
PGA Boulevard Overlay
Residential Medium Density
��)
The off-site mitigation site has a future land use designation of Rural Residential (1 unit per 10
acres) (RR10) and a zoning designation of Planned Development Area (PDA). It is located
northwest of the Beeline Highway east of the North County Regional Airport, and is part of the
256.93-acre parcel acquired by the SFWMD. The site is surrounded by similarly designated
properties (RR10 designated lands with PDA zoning), all of which are also part of the SFWMD
land purchase (see Table 2).
(The remainder of this page intentionally left blank)
�
Meeting Date: September 8, 2009
Petition: PUDA-09-06-000021
TABLE 2.
EXIST'ING ZONII�IG :AND LAND I1SE DESIGNATI4NS -
OFF-SITE MITIGATIOI� PROPERTY
EXISTING USE ZONING LAND USE
Subject Property
Vacant uplands Planned Development Area Rural Residential(1 unit per
(PDA) 10 acr•es) (RR10)
North
Vacant uplands PDA RR10
South
Vacant uplands PDA RR10
East
Vacant uplands PDA RR10
West
Vacant uplands PDA RR10
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
The subject petition was reviewed by members of the DRC committee. The City Forester agreed
that Condition #41 clearly obligates payment upon the conveyance of the property to the
SFWMD. No other comments relating to this petition were made.
STAFF ANALYSIS
It is important to stress that Condition #41 is specifically written to obligate the payment upon
conve�ance of the property to the SFWMD or any other entity, and that the condition was
a�prc�ved by Czty Council and accepted by the applicant at the time of approval. However, it is
also important to note ihat there was a substantial cost paid by the applicant for the conservation
easement. In addition, the presence of the subject conservation easement substantially lowered
the cost the SFWMD was required to pay for the subject property, which helped make the
purchase easier for the District and which will allow them to use the savings toward other
�
Meeting Date: September 8, 2009
Petition: PUDA-09-06-000021
environmental lands or proaects. This has a substantial value to the general public, and was taken
into consideration in staff's development of a workable and fair alternative versus requiring the
immediate payment of the $250,000.
Lavers of Protection
When considering the applicant's request, instead of immediate payment of the obligation, the
City has also taken into account the layers of protection that remain upon the subject off-site
mitigation site parcel. The following list demonstrates the off-site mitigation site is well
protected, and will remain as conservation use in the future:
1. The conservation easement remains in full effect and full control of the City. It cannot be
removed without a vote of the City Council.
2. The Palm Beach Community Church Preserve Area Management Plan (PAMP) for
ongoing maintenance of the site remains in effect, and continues to be the responsibility
of the Borland Center Owners Association.
3. SFWMD has indicated its desire that the City be involved in the preparation of the
overall Management Plan for the entire 257-acre parcel of which the subject parcel is a
part. The County has two years to develop the overall management plan.
4. SFWMD intends to use the property as part of the Comprehensive Everglades
Restoration Project (CERP) and possible water storage, and does not intend to develop
the property.
5. The land use designation on the subject parcel and the other surrounding properties can
be amended from Rural Residential (RR10) and Commercial (C) to Conservation
(CONS) after the SFWMD receives credit for its land purchase from the US Army Corps
of Engineers as part of the joint federal/state CERP.
Based on the clear intent of Condition #41 that the applicant is responsible for payment to the
City upon conveyance of the property, staff must recommend denial of the petition as requested.
However, it is staff's desire to work with the applicant to come up with a reasonable solution that
fuliills the intent of the condition without causing undue hardship to the applicant during the
current difiicult economic situation.
Therefore, based on the continued protection of the off-site initigation site, it is staff's opinion
that the payment of the $250,000, which was due within 90 days of the sale, could be postponed
and secured by placing a lien on the Borland Center/Palm Beach Community Church property.
By providing the applicant this option, payment to the City would be required before the
undeveloped �ortio� of the Borland Center proaect could be developed or sold. Staff believes
tl�at the �e�zsior� to �ondit�on #41, as detailed below, is a fair and equitable alternative to
requiri�g pa�rneni oftl�e applican�9s �bligation at this time.
%I
Meeting Date: September 8, 2005
Petition: PUDA-09-06-000021
STAFF RECOMMENDATION
Staff recommends denial of petition PUDA-09-06-000021 to eliminate Condition #41 of
Resolution 92, 2004, which would remove the applicant's obligation to pay the City $250,000.
Staff recommends revision of Condition #41 as follows:
In the event that off-site mitigation is provided through a conservation easement
and the underlying property is conveyed to the South Florida Water Management
District or other entity, the petitioner, successors, and assigns shall be responsible
for paying the City $250,000 for money in lieu of off-site mitigation within 90
days of the sale date. T�,° �,o+;�;,,ro,. ��,.,>> r,.;,.,. +„ ;��,,.,,,,,o „� ��,o �;,.�+ �,,,;,,a;,,,.
111V V1161V11V1 J11U.11 rJ11V1
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or the apblicant mav execute and the Citv shall accebt a Certificate of
Indebtedness. which shall be recorded in the bublic records of Palm Beach
Countv, Florida and ubon recordation such certiiicate shall constitute a lien ubon,
and shall be secured bv, all real and bersonal bropertv owned bv the Palm Beach
Communitv Church. Inc., The Borland Center. Inc.. Borland Center Owners
Association. Inc.. their successors and assigns, anv barent corborations or entities
and anv partiallv or whollv owned subsidiaries. Such certificate shall be executed
bv the abblicant and submitted to the Citv Attornev _for abbroval brior to Citv
Council abbroval of this condition. Additionallv such certificate shall bear
interest at the rate of 9% ber vear. The Citv mav. but shall not be obli�ated to,
accebt nartial pavments which shall reauire modification of the certificate.
Furthermore. the Citv shall not be obli�ated to_release the subiect lien or brocess
future develonment reauests submitted bv the anblicant for the develobment of
anv brobertv until the subiect debt is baid in full.
E3
APPLICANT JUSTIFICATION
--�: Cotleur&
.
�� �-I e a r 1 n g Land�c°�e Arcl�Eit�cts I Land Plar7ners I Envircnm2ntal Gansuitants
1934 Commerce Lane • Suite 1• Jupiter, Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 • www.cotleurhearing.com • Lic # LGC000239
May 29, 2009
Subject: Borland Center for Comrraunity Enrichment
Development Order Amendment
CH Project # 981205.01
Palm Beach Community Church is requesting an amendment to Condition # 41 of Resolution 92,
2004. This request is specific to Condition 41, thus no other provisions of development order or
project are affected by this amendment.
Condition # 41 states:
In the event that off-site mitigation is provided through a conservation easement and the
underlying property is conveyed to the South Florida Water Management District or other
entity, the petitioner, successors, and assigns shall be responsible for paying the City
$250,000 for money in lieu of off-site mitigation within ninety (90) days of the sale date.
The petitioner shall, prior to the issuance of the first building permit, post a bond or other
surety acceptable to the City to secure this obligation.
Palm Beach Community Church is requesting that Condition # 41 be deleted in its entirety. The
applicant's justification for this request is as follows:
1. Condition # 40 of Resolution 92, 2004 required the applicant to secure 3.39 acres of off-
site mitigation to satisfy a portion of the project 4.33 acre upland preservation
requirement for the project. This Condition was satisfied through the purchase of a
perpetual conservation easement in favor of the City of Palm Beach Gardens. The
easement was purchased on 4.62 acres located adjacent to two other off-site mitigation
easements accepted ay the City. The t"re� sites jcintly ma�2 up approximately 11 acres
of a 256.93 acre parcel. This easement was accepted through Council Resolution 10, 2005.
2.
The appiicant has fully complied with all of the Conditions of the Preserve Area
Management Plan (PAMP) that was approved by the City for the off-site mitigation area.
The applicant conducts regular maintenance and has submitted all required monitoring
reports in a timely manner as required by the Development Order.
3. While South Florida Water Management District (SFWMD) has purchased the underlying
fee simple ownership, the conservation easement and all of the associated rights have
remained with the City. The City's interest and intended purpose as defined in the City's
easement over the property remains in full effect. The property continues to serve its
intended environmental purpose. The Easement language is attached.
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�'�.w�� ti.i ':E ��i��i v� t':./`ic.s�e 8ii "=� c.
Borland Center for Community Enrichment
CH# 98-1205
PUD Amendment
May 27, 2009
Page 2 of 2
4. As a part of the South Florida Water Management District acquisition of this property and
the adjacent lands which were designated with a commercial and RR10 land use, the
property has been incorporated into the Comprehensive Everglades Restoration Project
(CERP) and as such, is now federally protected for environmental purposes. This elevated
status ensures greater environmental protection to the entire region and ensures the
viability of the 4.62 acres preservation area to the intended values and functions.
5. At the time of the original Development Order approval, there was concern that the seller
of the off-site mitigation area may benefit twice by the sale of the underlying fee interest
to the South Florida Water Management District or to a third party. At the time, the City
was under the belief that the South Florida Water Management District would require the
easement to be released upon acquisition.
Today, the easement remains in full effect and the applicant has provided documentation
that the South Florida Water Management District fully discounted the value of the fee
interest when they acquired the land.
6. The applicant has met with the South Florida Water Management District over the past
few months to discuss this matter. South Florida Water Management District
understands and fully respects the City of Palm Beach Gardens interest in the property.
To this extent, the South Florida Water Management District has agreed to the following:
A. The South Florida Water Management District will not sell or transfer ownership
of the property without the approval of the City of Palm Beach Gardens.
B. The South Florida Water Management District will allow the City to review and
provide input into the restoration plans and use of the surrounding property.
It should be clearly understood that no activity is permitted to occur on the
easement lands that is not other�n�ise �rovided by the easement rights granted to
the City of Palm Beach Gardens.
6. The deletion of Condition 41 is consistent with the approval granted to the developer of
Donald Ross Village on July.15`, 2004 by way.of Resolution 115, 2004.
In closing, Condition #41 should no longer be required because the property is protected by the
Federally funded CERP program, the conservation easement remains in effect and is a legal
document recorded with the County, and because SFWMD is including the City in all of the
restoration plan review and approval process.
F:\Project Do<uments\PALM 6EACH COMMUNITV CHURCH\2009_06_PUD AMENDM[NT\981205_Borland Ctr_DOA Cond. 41_City Reques[ Ltr 05.28.09 revisions 05.29.09.doc
APP�ICATION
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Militaiy Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Request•
aPlanned Community Development (PCD)
QPlanned Unit Development (PUD)
✓QAmendment to PCD, PUD or Site Plan
QConditional Use
QAmendment to the Comprehensive Plan
QAdministrative Approval
QAdministrative Appeal
Project Name: The Borland Center for Commu
Owner: Palm Beach Community Church Inc.
Applicant (if not Owner):
Applicant's Address: 4901 PGA Blvd
Agent: Cotleur & Hearing, Inc.
Contact Person: Alessandria Kalfin
DAnnexation
�Rezoning
OSite Plan Review
�Concurrency Certificate
�Time Extension
OMiscellaneous
�ther
Date Submitted: May 29th, 2009
Enrichment & Palm Beach Communitv Church
Telephone No. 561.626.5683
E-Mail: AKalfin@Cotleur-Hearing.com
Agent's Mailing Address: 1934 Commerce Lane, Suite 1, Jupiter, FL 33458
Agent's Telephone Number: 561.747.6336 x 128
Petition Number:
Fees Received
IApplication $ _
Receipt Number:
FOR OFFICE USE ONLY
Date & Time Received:
Engineering $
,r: y:��a�e � ye ��. �:. ? a. ¢ a AY': ,` :.� 1
� xl � 's �" ��l�� ��: i � �"i.�i ��
.:.t;'1 �s �M. �`�y'. �
� a -:'SE, � �'����`� �eg�p �l,�j�i'�4�n,n i
� � dij� kv����d � �ma'�s"a �i: �� �
Not applicable
Architect:
Not applicable
Engineer:
Cotleur & Hearing, Inc.
Planner:
Not applicable
Landscape Architect:
Site Informatio�: Note: Petitioners shall submit electronic digital �les of
approved projects. See attachment for details.
North side of PGA Bivd, just west of Gardens Square shopping center
General Location:
Address:
Section:
4885 - 4901 PGA Boulevard
42
42
Township: _
01
Range: _
52-42-42-01-21-001-0000; 002-0000; 004-0000; 005-0000; 06-0000;
Property Control Number(s):
016-0000
47 acres PUD / MXD N/A
Acreage: Current Zoning: Requested Zoning:
B
Flood Zone
Base Flood Elevation (BFE) — to be indicated on site plan
Current Comprehensive Plan Land Use Designation: MXD
RELlG!^US, C!`J!C N/R
Existing Land Use: Requested Land Use:_
NO CHANGE
Proposed Use(s) i.e. hotel, single fam.ily residence, etc.:
NO CHANGE TO EXISTING USES
Propased Square Faotage �y Use:
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
NO CHANGE TO EXISTING USES
Jttstificati�n
2
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations}
1. Explain the nature of the request:
Delete a condition of approval within the development order of record.
2. What will be the impact of the proposed chailge on the sur7ounding area?
There are no physical changes to the site due to this amendment.
3. Describe how the rezoning request complies with the City's Vision Plan and the following elements
of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal
Management,
Improvement.
Conservation, Recreation and Open space, Intergovernmental Coordination and Capital
The proposed request is in compliance with all of the City's plans and regulations.
4. How does the proposed project comply with City requirements for preservation of natural resources
and native vegetation (Section 78-301, Land Development Regulations)?
3
The proposed request is in compliance the preservation requirements. See justification statement for further detail.
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-
261, Land Developmeilt Regulations)?
Not applicable
6. Has project received concurrency certification?
Yes
Date received: NOV211'lbel' 29, 2001
Le�al Description of the Subiect Proqerty
(Attach additional sheets if needed)
nT' CP.P. �tt��}1Pf� l�PPfj f(lY' �Pga.i (�P.C[�Yl_ri7�Tl,
Location
The subject property is located approximately � mile(s) from the intersection of
Garden Square Lake Boulevard on the�orth�ast�outh�,�vest side of PGA BIVCI
(street/road).
Statement of Ownership and Desi�nation of Authorized A�ent
Before me, the undersigned authority, personally appeared Dr. Raymond Underwood
who, being by me first duly sworn, on oath deposed and says:
n
�
1
��
3
Name of
�:
That he/she is the fee simple title owner of the property described in the attached
Legal Description.
That he/she is requesting P U D A m e n d m e n t
City of Palm Beach Gardens, Florida.
That he/she has appointed COt�2U1" 8c Fi2a1"IC1C�, �t1C.
as authorized agent on his/her behalf to accomplish the above project.
Palm Beach Community Church Inc.
� � � . e�
Si�natuie of Owner
/ �, � � � � : � � �
Street Address
P. O. Box
561.626.5683
Telephone Number
DrRay@�
E-mail Address
bcc.cc
By: Name/Title
P�G, FL 33418
City, State, Zip Code
City, State, Zip Code
561.626.5998
Fax Number
f�L-
Sworn and subscribed before me this �� � day of � , :�lX���
� _
My Commission expires:
�'/ �, / ��i /.? I ai
Notary Public
, i�nY""''• CATHERINE A. YODER
_*� �: Commission DD 819124
; ;;��a�: Expires Septernber 2, 2012
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the
to act
Applicant's Certification
I/We affiim and certify that Uwe understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on
any paper or plans submitted herewith are true to the best of my/our knowledge and belie£ Further,
Uwe understand that this application, attachments, and application filing fees become a part of the
official records of the Ciry of Palm Beach Gar�e�s„Florida, and,�re not returnable.
Applicant is:
�wner
�ptionee
aLessee
� Agent
❑Contract Purchaser
Signature of Applicant
Dr. Raymond Underwood
Print Name of Applicant
4901 PGA Boulevard
Street Address
PBG, FL 33418
City, State, Zip Code
561.626.5683
Telephone Number
561.626.5998
Fax Number
DrRay(a�pbcc.cc
E-Mail Address
6
Palm Beach Gardens Growth Management Department
10500 North Military Trail, Palm Beach Gardens, FL 33410
561-799-4230
Permit #
Financial Responsibilitv Form
The owner un�erstands that all City-incurred prafessianal fees and expenses associated with the
processing of this application request are ultimately the responsibility of the owner. A security
deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the
City of Palm Beach Gardens.
The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not
limited to, consultant engineering services, legal services, advertising costs, and/or any other costs
attributable to the processing of the permit for which the City incurred during the previous month. The
owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is
not received, the City may utilize the security deposit for re-imbursement purposes. All activities related
to the pending permit(s) will cease until any outstanding invoices are paid.
The owner/designee further understands that transfer of this responsibility shall require a
completed form, signed and notarized by the responsible party, and delivered to the City Growth
Management Department if the name and/o address of the responsible party changes at anytime
during the app�icationarevjiew proc,�ss. �
er signature
Dr. Raymond Underwood
Owner printed name
DESIGNEE/BILL TO:
Palm Beach Community Church Inc.
4901 PGA Blvd
PBG, FL 33418
STATE OF
COUNTY OF
,
�' ��� �-
��
Date
52-42-42-01-21
Property Control Number
�y��� �
u�Siyi�@@ i1CCGj�iaiiGB�.�iC,J.'�diiliC
NOTARY ACKNOWLEDGEMENT
�,��:��:��,
��1� i�c%�
I here y certify that the foregoing instrum t was acknowledged before me this �� day of
, 20r�' , by ,� �.%�?e�i�s�`� . k� or she is p�sonal� known
to me or �r s produced as identification.
� !'�� Pl+.c`st Qz � ` �' ��
~ Notary public si nature
l.sl1L�C?"r`%r� � ° Yl��s?�'
Printed name
—••"'�""••• CATHERINEA.YODER
'�'� �' � Commission DD 819124
;�� �= Expires September 2, 2012
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State of ��°,%'��>�°{`t�� at-large My Commission expires: `� �1 /;�
,
CONSERVATION EASEMENT PURCHASE AGREEMENT
RE C(� D AU� 0 3 LU�9
�� l l�� d u`� ��' �� Tel 561 833 2000
� Fax 561 650 8399
Apri14, 2005
Gregory C. Picken, Esq.
Gary, Dytrych & Ryan, P.A.
701 U.S. Highway One
North Palm Beach, FL 33408
Holland & Knight LLP
222 Lakeview Avenue, Suite 1000
V�/est Palm Beach. FL 33401
www.hktaw.com
Steven Cohen
561 650 8360
steven.cohen@hklaw.com
Re: Agreement between Palrn Beach Acquisitions, LLC (as "Buyer') and
Palm Beach Community ChuNCh, Inc. (as "Seller' j
Dear Greg:
As a follow up to our telephone conversation last week, enclosed is a copy of the Conservation
Easement in favor of the City, as recorded in Official Records Book 18291, Page 1927, of the
Public Records of Palm Beach County, Florida.
Since all closing contingencies as provided under Section 7 of the above referenced Agreement
have been satisfied, you are authorized to disburse the Purchase Price in the sum of $280,000.00
to the Seller. Please prepare a closing statement as you deem appropriate.
If you have any questions, please do not hesitate to call me.
Sincerely,
HOLLAND & KNIGHT LLP
Steven Cohen
SC:ems
Enclosure
cc: Hank Gonzalez y�
# 2742882_vl
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Palm Beach Community Church
3970 RCA Blvd. Suite 7009
Palm Beach Gardens, FL 33410
www.pbcommunitychurch.org
Phone: 561.626.5683
Fax: 561.6265998
Gregory C. Picken, Esq.
Gary, Dytrych & Ryan, P.A.
701 U.S. Highway One, Suite 402
North Palm Beach, FL 33408
2/7/2005
Enclosed you wiil find three checks totaling $300,000 in favor of the Gary,
Dytrych & Ryan Trust Account.
Please hold these checks until you receive a fully executed agreement between
Palm Beach Acquisitions LLC and Palm Beach Community Church for purchase
of a preservation easement in favor of the City of Palm Beach Gardens and the
fully executed preservation easement. Upon receipt of these documents the
checks should be deposited into escrow.
If you do not receive the above mentioned documents by close of business on
Thursday February 10, 2005 please retum the checks to us.
--,.
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AGREEMENT
THIS AGREEMENT, entered into as of the day of , 2005, by and
between PALM BEACH ACQUISITIONS, LLC, a Florida limited liability company
(hereafter the "Seller") and PALM BEACH COMMUNITY CHURCH, INC., a
Florida not for profit corporation (hereafter "PBCC") (hereafter PBCC is referred to
herein as the "Buyer").
WITNESSETH
l. PURCHASE AND SALE. For and in consideration of the covenants
colltained herein and for other good and valuable consideration and subject to and in
�ccordance with the terms and provisions hereof, Seller agrees to sell and convey, and
Buyer agrees to purchase, a conservation easement (the "Conservation Easement")
which will be for the benefit of and be enforceable by the City of Palm Beach Gardens
(the "City"), substantially in the form attached hereto, as Exhibit B, over an
approximately 4.62 acre parcel, as legally described on Exhibit A(the "Property"),
within parcel 18.A18, (which Property must contain at least 3.52 acres of Pine flat
woods), together with an access easement over adjacent property as set forth in the
Conservation Easement, which access easement shall be relocatable by Seller at any time
without the approval of any third party. Seller does not warrant or represent the size of
the Property or the Pine flat woods contained therein.
2. DEPOSIT AND ESCROW AGENT.
Upon execution of this Agreement by both parties the Buyer shall deliver the initial
deposit of $300,000.00 to Gary, Dytrych & Ryan, P.A. as escrow agent, representing the
Purchase Price and the Cost Amount as defined below. The Deposit shall be held in a non
interest beari«g account. Notwithstanding anything to the contrary herein, if closing does
not timely occur, Gary, Dytrych & Ryan, P.A. is hereby autharized and directed to
disbtirse to Seller, provided Seller is not in default under this Agreement, froin the
Deposit(s) all of Seller's attorney reasonable fees and costs and other professional fees
and costs incurred by Seller in connection with the negotiation and preparation of
documents in anticipation of the closing, up to a maximum total amount of $20,000.00
("Cost Amount"). Upon execution of this Agreement, Seller and Buyer shall execute the
Conservation Easement described hereinafter and deliver same into escrow with Escrow
Agent. A copy of said Conservation Easement, marked "COPY" shall be furnished to the
City. In the event that the City requires that the original executed Conservation Easement
be in its hands prior to formal approval of same, then Escrow Agent shall deliver same
with escrow instructions providing that it shall not be effective or recorded until receipt
of funds by the Seller under this Agreement.
3. PURCHASE PRICE METHOD OF PAYMENT
—�—
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a. Purchase Price of the Conservation Easement. The Purchase Price for the
Conservation Easement is Two Hundred Eighty Thousand and No/100
Dollars ($280,000.00).
b. Method of Pa.��ment. The Purchase Price shall be paid from the funds
deposited into escrow as the Deposit and subject to adjustments, credits, and
prorations, as herein provided.
4. CLOSING. The closing of this transaction shall be held at the offices of the
Seller's attorney in Palm Beach County, Florida or as mutually agreed by the parties. The
closing shall occur two (2) business days following satisfaction of the Closing
Contingencies, as hereinafter defined.
5. SKETCH. SURVEY AND TITLE INSURANCE A Sketch and legal
description for the property is attached as Exhibit A. In the event that the City requires a
survey, Buyer shall provide one at Buyer's expense. In the event that the City requires
title insux•ance, the Seller shall issue a commitment in favor of the City in the amount of
the Purchase Price, which shall contain, inter alia, a survey exception. If the City objects
to any matter contained in the Title Commitment, the Seller shall have the right to elect,
within five days of written notice of the objection, to attempt to cure same prior to the
Closing Date or terminate this Agreement, and receive back the Conservation Easement
if the same has been delivered, immediately following which the Deposit shall returned to
the Buyer without deduction for the Cost Amount, and this Agreement shall be of no
further force or effect.
6. RIGHT OF ENTRY. Buyer, the City and their respective authorized agents
shall have the license and right to enter upon the Property from and after the Effective
Date to verify that the Property is suitable for the purpose of satisfying the upland
mitigation requirements for the Buyer's project on the Borland Center Site. Buyer shall
not cause any damage to the Property. In the event the Buyer enters the Property prior to
closing, Buyer shall provide liability coverage naming the Seller as an additional insured.
The Seller shall be indemnified and shall be held harmless by the Buyer and its respective
authorized agents for any activity on the Property allowed by this section 6.
7. CLOSING CONTINGENCIES.
1.1 Buyer's obligation to close is subject to and contingent upon fulfillment of
each and every of the following conditions ("Closing Contingencies"):
l.l.l The Buyer's Borland Center Site project and the plat thereof
is approved by The City of Palm Beach Gardens and the appeal
period with respect to such approval shall have run without any
appeal llaving been talcen;
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1.1.2 The City has approved of the form of Conservation
Easement and agreed to accept the Conservation Easement as
fulfilling the Buyers requirement for upland preservation for the
Borland Center Site and the appeal period with respect to such
approval shall have run without any appeal having been taken.
1.1.3 There are no legal actions, investigations, suits, judgments,
or other legal or administrative proceedings, pending against the
Property;
1.1.4 There are no existing or pending special assessments
affecting the Property that may be assessed by any govei-nmental
atithority, municipality, water or sewer authority, drainage district or
other special taxing district;
1.1.5 There has been no change in the conditions of the Property
set forth herein, unless caused by Buyer or Seller in connection with
activities conducted thereon pursuant to sections 5 and 6 above, that
have been previously investigated by the Buyer which materially,
adversely affect the ability of Buyer to deliver a valid Conservation
Easement to the City of Palm Beach Gardens.
1.2 In the event any of the foregoing conditions precedent shall fail to occur for
any reason whatsoever, on or before March 18, 2005, or if the City of Palm
Beach Gardens does not vote for approval of the Borland Center Site, Plat
and Conservation Easement on or before February 17, 2005, this agreement
shall be terminated and all Deposits shall be forthwith returned to Buyer,
less the Cost Amount.
8. SELLERS REPRESENTATIONS As a material inducement to Buyer
entering into this Agreement, Seller, makes the following representations and warranties
that shall be reaffirmed on the Closing Date and survive the Closing:
a. Seller is a limited liability company, duly organized and validly existing
under the laws of the State of Florida;
b. Seller has full authority to enter into and perform this Agreement in
accordance with its terms;
1.3 Intentionally Deleted.
1.4 Neither the entering into of this Agreement nor the consummation of the
transaction contemplated hereby will constitute or result in a violation or
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1.4 Neither the entering into of this Agreement nor the consummation of the
transaction contemplated hereby will constitute or result in a violation or
breach by Seller of any agreement, permit, judgment, order, writ, injunction
or decree by which Seller is bound;
1.5 Seller has no knowledge of any violation of any law, ordinance, rule or
regulation, including without limitation, those relating to zoning, land-use,
environmental matters bearing on the ownership, use or operation of the
Property;
1.6 There are no service contracts, brolcerage agreements, or other contractual
liabilities affecting or existing with respect to all or any portion of the
Property;
1.7 Seller has no knowledge of any threatened or pending condemnation
proceedings against all or an� part of the Property;
1.8 Seller has no knowledge that Seller has used the Property in violation of any
laws regulating hazardous or toxic wastes or pollution control or in any
manner for the production or storage of any hazardous or toxic waste,
materials, discharge, deposit, dumping or contamination, whether of soil,
ground water or otherwise. Seller has no actual knowledge of the prior uses;
however, to the best of Seller's knowledge and belief, there has not been any
discharge, deposit, dumping, contamination or pollution by hazardous or
toxic wastes or materials on the Property;
9. BUYER'S REPRESENTATIONS. As a material inducement to Seller
entering into this Agreement, Buyer, makes the following representations
and warranties that shall be reaffirmed on the Closing Date and survive the
Closing:
a. Buyer is a non profit corporation, duly organized and validly existing under
the laws of the State of Florida;
b. Buyer has full authority to enter into and perform this Agreement in
accordance with its ter�ns;
c. Neither the entering into of this Agreement nor the consummation of the
transaction contemplated hereby will constitute or result in a violation or
breach by Buyer of any agreement, permit, judgment, order, writ, injunction
or decree by which Buyer is bound;
d. Buyer shall form a property owner's association ("POA"), which POA
shall be responsible for the payment of all taxes, insurance and the
maintenance of the Property in accordance with the
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Conservation
Easement, Management Plan and this Agreement. Buyer shall
additionally prepare a Declaration of Covenants and Restrictions
("Declaration of Covenants and Restrictions"), which shall obligate the
POA to such liability and responsibility, and in the event POA fails to
timely fulfill such obligations and responsibilities shall obligate the then
owners of the Borland Center Site, jointly and severally for such
obligations. A statement shall be included in the Declaration of Covenants
and Restrictions, that neither Seller nor its successors or assigns shall be
responsible or liable for the taxes, insurance or the maintenance of the
Property or any obligations accruing under the Conservation Easeinent or
Management Plan. The Declaration of Covenants and Restrictions shall be
recorded in the public records of Palm Beach County, Florida, prior to,
any transfer of property contained within the Borland Center Site, and
shall provide that no amendment to the provisions dealing with the
responsibility and liability for the taxes, insurance and maintenance of the
Property or any obligations� accruing under the Conservation Easement or
Management Plan shall be permitted without the approval of Seller or
Seller's successors or assigns. Notwithstanding such POA and Declaration
of Covenants and Restrictions, and the owners of the Borland Center Site
shall remain jointly and severally liable for all obligations under this
Agreement, the Conservation Easement and Management Plan, in the
event the POA does not timely fulfill its obligations under any of said
documents. Notwithstanding anything to the contrary herein, portions (but
not all) of the Borland Center Site may be transferred to public or quasi-
public entities and that portion of the Borland Center Site transferred to
such entities shall not after such transfer be bound by the terms of the
Declaration of Covenants and Restrictions. This Provision shall survive
closing.
10. CONDITION OF PROPERTY. From and after the Effective Date and
through the Closing Date, Seller shall not clear, excavate, nor undertake any development
or other activities on the Property, and shall maintain the Property at Seller's expense in
the same manner as Seller has done so previously and on the Closing Date the Property
shall be in the same condition as on the Effective Date, subject to changes caused by
Buyer or City in connection with Sections 5 and 6 above.
12.
CLOSING DOCUMENTS.
a. At closing, Seller shall execute and deliver to Buyer the following
documents:
i. The Conservation Easement to the City of Palm Beach Gardens, in
the form attached hereto as Exhibit B, fully executed and in recordable
form.
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ii. A Seller's affidavit stating that Seller does not have any knowledge
of any easements or matters adverse to Seller's title not shown in the public
records;
iii. A Seller's affidavit with respect to construction liens stating that the
Property is free and clear of all liens, encumbrances, leases, licenses,
contracts or claims of rights that may serve as a basis for a lien or charge
against the Property.
iv. An affidavit establishing Seller's exemption from the withholding
requirements of the Foreign Investment in Real Property Tax Act, as
amended ("FIRPTA"). In the event Seller fails to provide such an affidavit,
Buyer shall be entitled to withhold from the Purchase Price and pay to the
Internal Revenue Service the sums required to be withheld by FIRPTA (and
the amount so withheld shall�be paid by Buyer, out of the cash payment due
at Closing, to the Internal Revenue Service, in order for the Buyer to
comply with the provisions of Section 1445 of the Internal Revenue Code of
1986 or successor similar legislation, as the same may be amended
hereafter);
v. A certificate of the Managing Members of Seller stating and
certifying the resolutions adopted by the Members of Seller, said resolutions
shall authorize and direct the Managing Members of Seller to execute and
deliver to Buyer all of the documents required to be executed by Seller
pursuant to the terms of this Agreement. The certificate shall state the name
and of�ce of each of the Managing Members of the Seller.
vi. Proof of Good Standing from the Florida Secretary of State issued as
of a recent date which certificate shall certify that Seller is a duly organized
limited liability company, validly existing, in good standing and authorized
to transact business under the laws of the State of Florida.
b. At Closing, Buyer shall deliver the balance of the Purchase Price, with
credit for the Deposit previously made by the Buyer and released to the Seller at
closing.
12. CLOSING COSTS PRORATIONS AND FUTURE COSTS.
a. Closin Costs. Buyer shall pay the costs of recording the Conservation Easement,
the Declaration of Covenants and Restrictions, the cost of the title insurance commitment
and title insurance policy (if same are requested by the City), and the documentary
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stamps, if any, to be affixed to the Conservation Easement. Buyer shall also pay the Cost
Amount as defined in Section 2, hereof. Buyer shall also pay its own attorneys' fees
incurred in connection with closing this transaction.
b. Prorations. There will be no prorations of real property taxes and assessments
for the year 2005, Buyer shall be responsible for taxes and assessments accruing
subsequent to the year 2004 on the property encumbered by the Conservation Easement.
The Seller will, upon the request of the Buyer, use good faith efforts to obtain a separate
property control number from the Palm Beach County Tax Assessors office for the
• Property. The Seller will execute any documents necessary to enable the Buyer to appeal
the amount or nature of any taxes assessed against the Property, provided such appeal is
at no cost to Seller.
c. Future Costs: After the closing the Borland Center Owners Association and the
owners of tl�e Borland Center Site (other than public and quasi-public owners) shall be
jointly and severally responsible for all co�ts (including but not limited to real estate taxes
accruing subsequent to the year 2004, insurance and maintenance) for the Property. The
Buyer and Seller agree to work together to obtain the most cost effective insurance
coverage.
d. Survival. This Section shall survive closing.
13. POSSESSION. At Closing, Seller shall deliver to The City of Palm Beach
Gardens ("The City") and their respective agents, access to the property for the purpose
of maintaining the Property in accordance with an ongoing maintenance agreement
attached to the Conservation Easement as the "Management Plan". The Seller shall be
held harmless by the Buyer (and to the extent permitted by law, the City) and their
respective agents for any activity on the Property allowed under this section 13.
14. DEFAULT.
a. Bv Seller. If at any time from the effective date of this Agreement through
and including the Closing Date Seller is in default in a material respect in the
perfoi•mance of any of Seller's obligations under this Agreement and such default is not
cured within ten (10)days after written notice thereof to Seller, then Buyer shall have the
option of (i)terminating this Agreement and receiving a return of the Deposit, subject to
Section 2, whereupon this Agreement shall become null and void and of no further force
and effect, or (ii)seeking the right to enforce this Agreement through specific
performance.
b. B� ��er. If at any time from the effective date of this Agreement through
and inchiding the Closing Date the Buyer is in default in a material respect in the
performance of any of the Buyer's obligations under this Agreement and such default is
not cured within ten (10) days after written notice thereof to Buyer, then Seller's sole and
-7-
exclusive remedy shall be to receive the full amount of the Deposit which shall be
delivered to Seller as full and agreed upon liquidated damages, whereupon this
Agreement shall become null and void and of no further force and effect, except that the
Seller shall also be entitled to receive from Buyer the cost to repair the Property if
damaged by reason of activities performed under sections 5 and 6 of this Agreement. The
parties agree that the exact nature of Seller's damages is and will be difficult to ascertain
and that the foregoing liquidated damages is adequate and reasonable compensation to
Seller in the event of Buyer's default.
c. Matters that Survive Closin�. In the event that either of the parties fails to
perform any covenant or breaches a representation or warranty that survives the Closing
and fails to cure the matter within thirty (30) days after written notice thereof (or fails to
comrnence such cure and diligently pursue it, in the event it cannot be cured within 30
days), then the aggrieved party shall have the right to recover actual damages incurred as
a result of such failure to perform together with costs and reasonable attorneys' fees
incurred thereby. .
15. NOTICES. Any notice, request, instruction, demand, consent, or other
communication required or permitted to be given under this Agreement shall be in
writing and shall be delivered either by hand or by certified mail, postage prepaid, return
receipt requested, or by Federal Express or similar overnight delivery service, or by
�elecopy as follows:
Buyer: Palm Beach Community Church, Inc.
c/o Dr. Ray Underwood
3970 RCA Boulevard, Suite 7009
Palm Beach Gardens, FL 33410
Telecopier: (561) 626-5998
With copy to: Holland & Knight LLP
Attn: Steve Cohen, Esq.
625 North Flagler Drive
Suite 700
West Palm Beach, FL 33401
Telecopier: (561) 650-8399
Seller: Palm Beach Acquisitions LLC
Attn: Wayne Babb
3950 RCA Boulevard
Suite #5000
Palm Beach Gardens, FL 33410
With copy to:
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Gary Dytrych & Ryan, P.A.
Attn: John W. Gary, III, Esq
701 U.S. Highway One # 402
North Palm Beach, Fl. 33408
or to such other address as the pertinent Party may direct by written notice. Each such
notice or other communication shall be deemed delivered (i)on the date delivered if done
so by hand, or (ii)on the date one day after deposited in the U. S. Mail with certified
delivery or with an overnight delivery service or (iii)the date of confirmation, if sent via
telecopier.
16. WAIVER. The failure or delay of any party at any time to require performance by
another party of any provisions of this Agreement shall not affect the right of such party
thereafter to require performance of the subject provision or to exercise any right, power
or remedy hereunder. The waiver by any pai�ty of any breach of any provisions of this
Agreement shall not be construed as a waiver of any continuing or succeeding breach of
such provisions, a waiver of such provisions or a waiver of any right, power or remedy
under this Agreement.
17. TIME OF THE ESSENCE/COMPUTATION OF TIME. Time is of the essence
with respect to this Agreement and each and every provision hereo£ Any reference herein
to tiine periods of less than six (6)days shall in the computation thereof exclude
Saturdays, Sundays and legal holidays, and any time period provided for herein which
shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 PM of the next full
business day. In computing periods of time, the Effective Date shall not be counted.
18. ATTORNEYS' FEES AND COSTS. In connection with any litigation arising out
of or in connection with this Agreement, the prevailing party shall be entitled to recover
as costs all of such party's expense incurred in connection therewith, including reasonable
attorneys' fees at the trial and appellate levels.
19. BINDING EFFECT. This Agreement shall be binding upon and inure to the
benefit of the parties and their respective legal heirs, representatives, successors and
permitted assigns.
20. ENTIRE AGREEMENT. This Agreement incorporates and merges all
agreements, understandings, promises, covenants, conditions, representations and
warranties between the parties with respect to the Property. No claimed modification of
this Agreement shall be effective and binding unless such modification is in writing and
duly executed by the party sought to be charged therewith.
21. VENUE AND GOVERNING LAW. Venue for all proceedings in
connection with this Agreement shall be in Palm Beach County, Florida. All aspects of
-9-
this Agreement and its enforcement and interpretation shall be governed by the laws of
the State of Florida.
22. COLJNTERPARTS. This Agreement may be executed in several
counterparts, each of which shall be deemed an original, and all such counterparts
together shall constitute one and the same instrument.
23. SURVIVABILITY. In addition to those matters that by the terms hereof
expressly survive the Closing, all other matters that by virtue of the context or nature
thereof would reasonably be expected to survive the Closing shall also survive the
Closing.
24.
BROKERS.
a. Seller and Buyer each represent and warrant to the other that it has not
dealt with, consulted or contactec� any real estate broker, agent or finder in
connection with or in bringing about the sale of the Conservation Easement.
b. Seller shall indemnify Buyer against all losses, damages, costs, expenses
(including reasonable fees and expenses of attorneys), causes of action, suits or
judgments of any nature arising out of the claim, demand or liability to or asserted
by any broker, agent or finder licensed or otherwise, claiming to have acted on
behalf of or to have dealt with Seller in connection with this transaction.
c. Buyer shall indemnify Seller against all losses, damages, costs, expenses
(including reasonable fees and expenses of attorneys), causes of action, suits or
judgments of any nature arising out of the claim, demand or liability to or asserted
by any broker, agent or iinder licensed or otherwise, claiming to have acted on
behalf of or to have dealt with Buyer in connection with this transaction.
IN WITNESS WHEREOF, the Parties have caused this instrument to be executed on the
respective dates set forth below.
�
/John C. Bills �
: Managing Member
Dated: � bb
OIv'S LLC, a Florida ]
-lo-
By:
Its:
�. -�
BUYER:
PALM BEACH COMMUNITY CHURCH, INC., a Florida not for profit corporation
By:
��
�
:�._
1Zayr�"ond E. Underwood
Its: President �
Dated: �:� � � ��r �"
I yy ✓1
JOINDER BY ESCROW AGENT
The undersigned hereby acknowledges receipt of the initial deposit of $300,000.00
(subject to clearance of funds) and agrees to hold and disburse the initial deposit and
additional deposit in accordance with the terms of this Agreement.
Gary, Dytrych & Ryan, P.A.
�
Print 1vanle:
Date: �-- �t'� �%G �
Schedule of Exhibits
Exhibit "A"
Exhibit "B"
Legal Description of Easement land
Conservation Easement
-11-
DESCRIPTION & SKETCH
PREPARED FOR
PALM BEACH ACQUISITIONS LLC
4.62 ACRES, SECTION 2/42/41
BORLAND CENTER
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 42 SOUTH, RANGE 41 EAST,
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS�
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2� THENCE SOUTH 00° 57'42"
WEST ALONG THE EAST LINE OF SAID SECTtON 2, A DISTANCE OF 516.20 FEET; THENCE
DEPARTING SAID EAST SECTION LINE NORTH 53° 39'33" WEST, A DISTANCE OF 276.67 FEET
TO THE POINT OF BEGINNING� THENCE NORTH 53° 39'33" WEST, A DISTANCE OF
268.21 FEET� THENCE SOUTH 36° 22'07" WEST, A DISTANCE OF 415.47 FEET� THENCE
SOUTH 53° 39'33" EAST, A DISTANCE OF 304.03 FEET� THENCE SOUTH 36° 27'49" WEST,
A D�STANCE OF 91.64 FEET, THENCE SOUTH 53° 39'33" EAST, A DISTANCE OF
273.68 FEET� THENCE NORTH 36° 27'49" EAST, �A DISTANCE OF 154.02 FEET� THENCE
NORTH 53° 39'33" WEST, A DISTANCE OF 97.98 FEET� THENCE NORTH 36° 27'49" EAST,
A DISTANCE OF 214.54 FEET� THENCE NORTH 53° 39'33" WEST, A DISTANCE OF 212.21
FEET� THENCE NORTH 36° 27'49" EAST, A DISTANCE OF 138.55 FEET TO THE POINT
OF BEGINNING:
CONTAINING 4.62 ACRES, MORE OR LESS.
SURVEYOR'S NOTES�
1. THIS DRAWING IS NOT A SURVEY.
2.N0 SEARCH OF THE PUBUC RECORDS HAS BEEN MADE BY THIS OFFICE.
3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION.
TNE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER.
4. THIS LEGAL DESCRIPTION �S NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC.
5. DATE OF LEGAL DESCRIPTION� NOVEMBER 17. 2004
LIDBERG LAND SURVEYING, INC.
DAVID C. LIDBERG
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE N0. 3613
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� L64431 b/5 West lndiantown
✓upifer, Flo�ido 3345
...\UST\014241 \1668303\1668303
ABBREVIATIONS�
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
ORB = OFFICIAL RECORD BOOK
CAD. K\USi \ 014241 \ 1668303 \ 1668303.DGN
REF.
FLD.
OFF. L.J.C.
561-746-8454 � CKD
11 /18/2004 10:16:33 AM
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D.C.I_.
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FB. PG.
SHEET � OF 8
JOB gg-�66-303
DATE it/17/04
DWG. A98.�66
EXHIBIT "B"
CONSERVATION EASEMENT
(Boriand Center)
THIS INDENTURE made this day of , 2005, by and
between PALM BEACH ACQUISITIONS LLC, a Florida Limited Liability Company,
whose mailing address is c/o John C. Bilis Enterprises, 3950 RCA Boulevard, Suite
5000, Palm Beach Gardens, Florida 33410, the Grantor, in consideration of the sum of
TEN DOLLARS ($10.00) and other valuable consideration received, hereby creates and
conveys to THE CITY OF PALM BEACH GARDENS, a municipal corporation existing
under the laws of the State of Florida, whose mailing address is 10500 N. Military Trail,
Palm Beach Gardens, Florida 33410, the Grantee, its successors and assigns, a
perpetual conservation easement as defined and in accordance with the provisions of
Section 704.06, Florida Statutes, incorporated herein by reference, in and over the real
property, as legally described in attached Exhibit "A", incorporated herein by reference
(the "Premises"). This conservation ea�ement i� for the purpose of retaining the land
and water areas of the Premises in the same condition as exists on the date of this
instrument so as to preserve their natural, vegetative, hydrologic, scenic, open,
agricultural or wooded condition and to retain such areas as suitable habitat for fish,
plants or wildlife.
1. To further carry out this purpose, the following interests and rights are
conveyed to Grantee:
a. To enter upon the Premises at reasonable times with any
necessary equipment or vehicles to enforce the rights herein granted.
b. To enjoin any activity on or use of the Premises that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Premises that may be damaged by any inconsistent activity or use.
2. Except with respect to the rights reserved by Grantor in Section 3, below,
the following activities are prohibited in or on the Premises:
a. Construction or placing buildings, signs, billboards or other advertising,
utilities, or other structures on or above the ground. Not withstanding the foregoing the
�rantee or its agents may enter upon the Premises at reasonable times to accomplish
tasks in accordance with the management plan referenced in Section 4 of this document,
which allows a nature trail including boardwalk and observation structure(s).
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials.
c. Excavation, dredging, or removal of �oil, gas, minerals, loam, peat,
gravel, soil, rock, or other substance or material.
1
3
d. Removal or destruction of trees, shrubs, or other natural vegetation,
except for the removai of exotic vegetation, in accordance with a
management plan approved by the Grantee.
e. SurFace use except for purposes that permit the land or water to
remain in its natural condition.
f. Activities detrimenta� to flood control, water management,
conservation, environmental restoration, water storage, erosion control,
soil conservation, reclamation, fish and wildiife habitat preservation, and
allied purposes, including, but not limited to, ditching, diking and fencing
except as allowed by the Preserve Area Management Plan referenced in
Section 4 of this document.
With respect to the Premises, Grantor reserves the following rights:
a. Grantor's right at any time and for any length of time to overflow, flood,
inundate, flow water on, through, across, and under the Premises and
submerge the Premises and manage water on and under the Premises in
connection with the operation, maintenance, repair, replacement and
rehabilitation of:
1. any project implementing
Restoration Plan, or
the Comprehensive Everglades
2. any water resource project authorized by Congress, or
3. any project for flood control, water management, conservation,
environmental restoration, water storage, water quality or
reclamation, and allied purposes (i) that may be conducted now or
in the future by the South Florida Water Management District
and/or the United States Army Corps of Engineers, and/or (ii) to
carry out the purposes and intent of the statutory authority of the
South Florida Water Management District and/or the United States
Army Corps of Engineers, presently existing or that may be enacted
in the future.
b. Grantor's right to clear and remove any brush, debris and natural
obstructions which in the opinion of the representative of the Grantor may be
detrimental to the use of the Premises, and
c. The Grantor's right to conduct controlled burns on the Premises.
2
4. Except as provided in Section 3, above, land management activities on
the Premises shall be governed by the Borland Center Preserve Management Plan
("Management Plan"), attached hereto as Exhibit D, and incorporated herein by
reference, as amended from time to time. The Management Plan shall not be modified
or amended without the prior written approval of the Grantee, its successors and
assigns. The Grantor is not required to carry out any of the actions or be responsible for
any of the costs contemplated by the above referenced Management Plan. The Borland
Center Property Owners Association, Inc., ("Owners Association"), shall be the party
responsible for carryi�g out all of the actions and responsible for any of the costs
contemplated by the above referenced Management Plan, and shall pay all real estate
taxes and insurance on the property which is subject to the easements granted herein.
Furthermore, the Owners Association shall indemnify, defend, and save and hold
harmless Grantor, its Board members or directors, employees, agents, contractors,
subcontractors, licensees, and invitees from and against any and all claims for
damages, loss, expense, liability, injury, or costs, including but not limited to reasonable
attorneys fees and costs (including both costs recoverable under the Statewide Uniform
Guidelines for Taxation of Costs in Civil Actions, other provisions of the Florida Statutes
and Florida Administrative Code, as well as any and all costs associated with litigation
that are not taxable costs under the cited authorities), caused by or arising directly,
indirectly or proximately from the Owners Association's acts or omissions, together with
the acts or omissions of its agents, employees, officers, contractors, subcontractors,
licensees, and invitees in violation of any term of this Conservation Easement. In the
event Grantor brings suit, including appeals, to enforce any of the provisions of this
Section 4, Grantor shall be entitled to recover from the Owners Association all
reasonable attorneys fees and costs (including both costs recoverable under the
Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, other provisions of
the Florida Statutes and Florida Administrative Code, as well as any and all costs
associated with litigation that are not taxable costs under the cited authorities) incurred
by Grantor provided Grantor is the prevailing party in such suit. In the event said
Owners Associatian does not timely fulfill such responsibilities, then the owners of the
property described on Exhibit B attached hereto and incorporated herein by reference
and their successors and assigns shall be so responsible, provided, however, that if
Grantor is not the prevailing party, then Grantor shall pay the reasonable attorneys fees
and costs (including both costs recoverable under the Statewide Uniform Guidelines for
Taxation of Costs in Civil Actions, other provisions of the Florida Statutes and Florida
Administrative Code, as well as any and all costs associated with litigation that are not
taxable costs under the cited authorities) incurred by the Owners Association, and/or, if
applicable, by the then owners of the property described on Exhibit B attached hereto
and incorporated herein by reference. In no event shall Grantor be responsible for any of
said costs. The Owners Association shall join in this document to confirm the obligations
imposed under this Conservation Agreement.
5. Grantor hereby reserves for itself, its successors and assigns, and
3
Grantee, for itself, its successors and assigns, hereby grants to Grantor, its successors
and assigns, the right to grant over the Premises perpetual non-exclusive rights of
ingress and egress to any other property that is:
(a) encumbered with a conservation easement; or
(b) encumbered or transferred for other purposes similar to those for
which this conservation easement is being granted.
No right of access to the general public to any portion of the Premises is conveyed by
� this conservation easement.
6. Further, Grantor herewith grants unto Grantee, its successors and
assigns, a perpetual non-exclusive easement for ingress and egress over the property
described on attached Exhibit C for uses in connection with exercising the rights granted
under this Conservation Easement, which non-exclusive easement shall be relocatable
to the extent the same encumbers property not encumbered by the Conservation
Easement, at the option of the Grantor.
7. Neither Grantee nor Grantor shall be liable for any costs or liabilities related
to the management, use, operation, upke�p or maintenance of the Premises, including
the disposal of solid wastes or pollutants.
8. Enforcement of the terms and restrictions of this conservation easement
shall be at the reasonable discretion of Grantee, and any forbearance on behalf of
Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor,
shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. If any provision of this conservation easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions shall
not be affected thereby, as long as the purpose of the conservation easement is
preserved.
10. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly delivered only 1) on the date delivered, if by
personal delivery, or 2) if mailed by certified mail/return receipt request, then the date the
return receipt is signed or delivery is refused or the maif is designated by the postal
authorities as not deliverable, as the case may be, or 3) one day after mailing by any
form of overnight mail service.
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
�
As To CITY
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attention: Christine P. Tatum, Esq.
As To Palm Beach Acquisitions, LLG
c/o John C. Biils Enterprises
3950 RCA Boulevard
Suite 5000
Palm Beach Gardens, Florida 33410
As To The Borland Center Property Owners Association,
Inc.
c/o Dr. Ray Urtderwood
3970 RCA Boulevard, Suite 7009
Palm Beach Gardens, FL 33410
Telecopier: (561) 626-5998
11. This conservation easement is subject to existing easements for public
roads and highways, public utilities, railroads and pipelines, provided further that any use
of the Premises shall be subject to Federal and State laws with respect to pollution.
12. This conservation easement may only be modified, amended, or released
by recordable written agreement between the parties to be filed in the official public
records of Palm Beach County.
13. The terms and conditions of this conservation easement shall be inserted
by Grantor in any subsequent deed or other legal instrument by which Grantor divests
itself of any interest in the Premises. Grantor shall, no less than five days prior to any
transfer of any interest in the Premises, provide notice to the Grantee of such proposed
transfer. Grantor shall notify any future holder of Grantor's interest in the Premises of this
conservation easement.
14. All the terms and restrictions herein contained run with the land and shall
inure to the benefit of and be binding upon the parties hereto and their respective
executors, administrators, personal representatives, heirs, successors, and assigns.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise incident or appertaining to the proper use, benefit and
behoof of the Grantee, its successors or assigns, forever.
�
AND the Grantor hereby covenants with the said Grantee that it is lawfully seized of the
Premises in fee simple; that it has good right and lawful authority to convey this
Conservation Easement; that it fully warrants and defends the title to the Conservation
Easement hereby conveyed against the lawful claims of all persons whomsoever,
claiming by through or under the Grantor.
IN WITNESS WHEREOF, Grantor has hereunto set its authorized hand as of the
date first above written.
Signed, sealed and delivered
in our presence as witnesses:
Print Name:
Print Name:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
BY:
BY:
GRANTOR:
PALM BEACH ACQUISITIONS LLC,
A Florida Limited Liability Company
Wayne H. Babb, Managing Member
John C. Bills, Managing Member
The foregoing instrument was acknowledged before me this day of
2005, by Wayne H. Babb and John C. Bills, as Managing Members of Palm Beach
Acquisitions LLC, a Florida Limited Liability Company. He/she are personally known to
me or have produced as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
My Commission Expires:
0
JOINDER
For and in consideration of $10.00 and other good and valuable consideration,
the receipt of which is hereby acknowledged the undersigned, as Grantee, hereby joins
in this Easement for itself, its successors and assigns, for the purposes of agreeing to
all of the obligations set forth in this Easement of the Borland Center Property Owners
Association, inc. and the owners of the Borland Center (PUD), and their successors and
assigns.
THE BORLAND CENTER PROPERTY OWNERS
ASSOCIATION, INC., a Florida not for profit
Corporation
BY:
Its: President
Dated: `
Signed, sealed and delivered
in our presence as witnesses:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
2005, by , as President of the Borland
Owners Association, Inc., a Florida not for profit corporation.
He/she are personally known to me or have produced
identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
My Commission Expires:
�
_day of ,
Center Property
as
DESCRI�TION & SKETCH
PREPARED FOR�
PALM BEACH ACQUISITIONS LLC
4.62 ACRES, SECTION 2/42/41
BORLAND CENTER
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 42 SOUTH, RANGE 41 EAST,
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS�
COMMENCING AT THE I�ORTHEAST CORIVER OF SAID SECTION 2� THENCE SOUTN 00° 57'42"
WEST ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 516.20 FEET; THENCE
DEPARTING SAID EAST SECTION LINE NORTH 53° 39'33" WEST, A DISTANCE OF 276.67 FEET
TO THE POINT OF BEGINNING: THENCE NORTH 53° 39'33" WEST, A DISTANCE OF
268.21 FEET� THENCE SOUTH 36° 22'07" WEST, A DISTANCE OF 415.47 FEET; TNENCE
SOUTH 53° 39'33" EAST, A DISTANCE OF 304.03 FEET� THENCE SOUTH 36° 27'49" WEST,
A DISTANCE OF 91.64 FEETc THENCE SOUTH 53° 39'33" EAST, A DISTANCE OF
273.68 FEET: THENCE NORTH 36° 27'49" EAST; A DISTANCE OF 154.02 FEET; THENCE
NORTH 53° 39'33" WEST, A DISTANCE OF 97.98 FEET; THENCE NORTH 36° 27'49" EAST,
A DISTANCE OF 214.54 FEET� THENCE NORTH 53° 39'33" WEST, A DISTANCE OF 212.21
FEET; THENCE NORTH 36° 27'49" EAST, A DISTANCE OF 138.55 FEET TO THE POINT
OF BEGINNING;
CONTAINING 4.62 ACRES, MORE OR LESS.
SURVEYOR'S NOTES
1. THIS DRAWING IS NOT A SURVEY.
2. NO SEARCH OF THE PUBLIC RECORDS H.AS BEEN MADE BY THIS OFFICE.
3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION.
THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER.
4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC.
5. DATE OF LEGAL DESCRIPTION NOVEMBER 17, 2004
LIDBERG LAND SURVEYING, INC.
DAVID C. LIDBERG
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE N0. 3613
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DATE 11/17/04
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DESCRI�TION & SKETCH
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DATE 11/17/04
DWG. A98-166
E�hibit "B"
BORLAND CENTER
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST;
WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PART Or THE SOUTHWEST QUARTER (SW '/4) OF SAID SECTION 1, TOWNSHIP
42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST RIGHT-OF-WAY L1NE OF
MILITARY TRAIL; LESS AND EXCEPTING THEREFROM THE PLAT OF GARDEN LAKES
AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34, AT PAGE 139; ALSO LESS
THAT PORTION LYING NORTHERLY OF THE WESTERLY ELONGATION OF THE NORTH
LIN� OF SAID PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN
PLAT BOOK 34, AT PAGE 139; ALSO LESS THE SOUTH 60 r�ET OI' SAID SOUTHWEST
QUARTER (SW '/4) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR
P.G.A. BOULEVARD RIGHT-OF-WAY; ALSO LESS THAT CERTAIN PARCEL DESCRIBED
IN OF'rICIAL RECORD BOOK 1378, AT PAGE 145, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA BY THE RIGHT-OF-WAY DEED
RECORD�D IN OPFICIAL RECORDS BOOK 6898, PAGE 202, PUBLIC RECORDS OF PALM
BEACH COUNTY, rLORIDA.
CONTAINING 2,052,098 SQUARE FEET OR 47.110 ACRES, MORE OR LESS.
DESCRI�'I'ION & SKETCH
PREPARED FOR�
PALM BEACH ACQUISITIONS LLC
15' ACCESS EASEMENT, SECTIONS 1&2 /42/41
LEGAL DESCRIPTION
A 15 FOOT ACCESS EASEMENT LYING IN SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 41 EAST,
PALM BEACH COUNTY, FLORIDA, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS�
COMMEIVCING AT THE NORTHEAST CORNER OF SAID SECTION 2� THENCE SOUTH 00° 57'42"
WEST ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 516.20 FEET; THENCE
DEPARTING SAID EAST SECTION LINE NORTH 53° 39'33" WEST, A DISTANCE OF 544.88 FEET:
THENCE SOUTH 36° 22'07" WEST, A DISTANCE OF 1000.00 FEET TO A POINT ON THE NORTHER�Y
RIGHT OF WAY LINE OF A 200 RIGHT OF WAY FOR STATE ROAD N0. 710 AS RECORDED IN DEED
BOOK 29, PAGE 326, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA� THENCE SOUTH
53° 39'33" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 7.50 FEET TO THE
POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY LINE NORTH
36° 22'07" EAST, A DISTANCE OF 690.45 FEET: THENCE SOUTH 53° 39'33" EAST, A DISTANCE OF
1353.80 FEET TO THE TERMINUS OF THIS EASEME�.T.
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JOB gg-�66-303
DATE ������04
DWG. A98-166
RECORDED CONSERVATION EASEMENT
Retdrn to: (enclose self-addressed stamped envelope)
� Name
Adtlress.
fl�Ia���q���������N�N�I��
CFN 20050162271
OR BK 18291 PG 19�7
RECORDED 03/22/2005 09:52:36
Pal■ Beach County, Fiorida
AMT 10. @0
Sharon R. Hock,CLERH b GO?IPTR�LLER
Pge 1927 - 1938; fl2pgs)
CONSERVATION EASEMENT
(Borland Center)
THIS INDENTURE made this ��� day of �r� 2005, by and
between PALM BEACH ACQUISITIONS LLC, a Florida Limited Lia ity Company,
whose mailing address is c/o John C. Bills Enterprises, 3950 RCA Boulevard, Suite
5000, Palm Beach Gardens, Florida 33410, the Grantor, in consideration of the sum of
TEN DOLLARS ($10.00) and other valuable consideration received, hereby creates and
conveys to THE CITY OF PALM BEACH GARDENS, a municipal corporation existing
under the laws of the State of Florida, whose mailing address is 10500 N. Military Trail,
Palm Beach Gardens, Florida 33410, the Grantee, its successors and assigns, a
perpetual conservation easement as defined and in accordance with the provisions of
Section 704.06, Fiorida Statutes, incorporated herein by reference, in and over the real
property, as legally described in attached Exhibit "A", incorporated herein by reference
(the "Premises"). This conservation easement is for the purpose of retaining the land
and water areas of the Premises in the same condition as exists on the date of this
instrument so as to preserve their natural, vegetative, hydrologic, scenic, open,
agricultural or wooded condition and to retain such areas as suitable habitat for fish,
plants or wildlife.
1. To further carry out this purpose, the following interests and rights are
conveyed to Grantee:
a. To enter upon the Premises at reasonable times with any
necessary equipment or vehicles to enforce the rights herein granted.
b. To enjoin any activity on or use of the Premises that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Premises that may be damaged by any inconsistent activity or use.
2. Except with respect to the rights reserved by Grantor in Section 3, below,
the following activities are prohibited in or on the Premises:
a. Construction or placing buildings, signs, billboards or other advertising,
utilities, or other structures on or above the ground. Not withstanding the foregoing the
Grantee or its agents may enter upon the Premises at reasonable times to accomplish
tasks in accordance with the management plan referenced in Section 4 of this document,
which a(�ows a nature trail including boardwalk and observation structure(s).
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials.
c. Excavation, dredging, or removal of oil, gas, minera�s, loam, peat,
gravel, soil, rock, or other substance or material. �
� ;�;��} .�
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d. Removal or destruction of trees, shrubs, or other natural vegetation,
except for the removai of exotic vegetation, in accordance with a
management p(an approved by the Grantee.
e. Surface use except for purposes that permit the land or water to
remain in its natural condition.
f. Activities detrimental to flood control, water management,
conservation, environmental restoration, water sforage, erosion control,
saii conservation, reclamation, fiish and wiidlife habitat preservatian, and
aliied purposes, including, but not limited to, ditching, diking and fencing
except as ailo�ved by the Preserve Area Management Plan referenced in
Section 4 of this document.
3. With respect to the f'remises, Grantor reserves the following rignts:
a. Grantor's right at any time and far any length of time to overflow, flood,
inundate, flow water on, through, across, and under the Premises and
submerge the Premises and manage water on and under the Premises in
cnnnectian with the operation, maintenance, repair, replacement and
rehabilitatian of:
1
E
any project implementing
Restoration Plan, or
the Comprehensive Everglades
any water resource project authorized by Congress, or
3. any project for flood controi, water management, conservation,
environmental restoration, water storage, water quality or
reclamation, and allied purposes (i) that may be conducted now or
in the future by the South Fforida Water Management District
andlor the United States Army Corps of Engineers, and/or (ii) to
carry out the purposes and intent of the statutory authority of the
South Florida Water Management District and/or the United States
Army Corps of Engineers, presently existing or that may be enacted
in the future.
b. Grantor's right to clear and remove any brush, debris and natural
obstructions which in the opinion of the representative of the Grantor may be
detrimenta{ to the use of the Premises, and
c. The Grantar's right to conduct controlled burns on the Premises.
2
4. Except as provided in 5ection 3, above, land management activities on
the Premises shall be governed by the Borland Center Preserve Management Plan
("Management Plan"), attached hereto as Exhibit D, and incorporated herein by
reference, as amended from time to time. Ths Management Plan sha(I not be modified
or amended without tne prior written approval of the Grantee, its successors and
assigns. The Grantor is not required to carry out any of the actions or be responsible for
any of the costs contempiated by the above referenced Management Plan. The Bor(and
Center Property Owners Association, Inc., ("Owners Associatian"), shail be the party
responsible for carrying out all of the actiors and responsible for any of the cos#s
contemplated by the above referenced Management Plan, and shall pay all real estate
taxes and insurance on the property which is subject to the easements granted herein.
Furthermore, the Owners Association shall indemnify, defend, and save and hold
harmless Grantor, its Board members or directors, empioyees, agents, contractors,
subcontractors, licensees, and invitees from and against any and ali claims for
damages, loss, expense, liability, injury, or costs, including but not limited to reasonable
attorneys fees and costs (including both costs recoverable under the Statewide Uniform
Guidelines for Taxation of Costs in Civil Actions, other provisions of the Florida Statutes
and Florida Administrative Code, as well as any and all costs associated with litigation
that are not taxable costs under the cited authorities), caused by or arising directiy,
indirectly or proximately from the Owners Association's acts or omissions, together with
the acts or omissions of its agents, employees, officers, contractors, subcontractors,
licensees, and invitees in violation of any term of this Conservafion Easement. In the
event Grantor brings suit, including appeals, to enforce any of the provisions of this
Section 4, Grantor shall be entitled to recover from the Owners Association all
reasonable attorneys fees and costs (including both costs recoverable under the
Statewide Uniform Guidelines for Taxation of Costs in Civii Actions, other provisions of
the Fforida Statutes and Fiorida Administrative Code, as well as any and a►I costs
associated with litigation that are not taxable costs under the cited authorities) incurred
by Grantor provided Grantor is the prevailing party in such suit. In the event said
Owners Association tloes not timefy fulfilf such responsibilities, then the owners of the
property described on Exhibit B attached hereto and incorporated herein by reference
and their successors and assigns shall be so responsible, provided, however, that if
Grantor is not the prevailing party, then Grantor sha11 pay the reasonable attorneys fees
and costs (including both costs recoverable under the Statewide Uniform Guidelines for
Taxation of Costs in Civil Actions, other provisions of the Flbrida Statutes and Florida
Administrative Code, as well as any and all costs associated with litigation that are not
taxable costs under the cited authorities) incurred by the Owners Association, and/or, if
applicable, by the then owners of the property described on Exhibit B attached hereto
and incorporated herein by reference. In no event shall Grantor be responsible for any of
said costs. The Owners Association shall join in this document to confirm the obligations
imposed under this Conservation Agreement.
5. Grantor hereby reserves for itself, its successors and assigns, and
3
Grantee, for itself, its successors and assigns, hereby grants to Grantor, its successors
and assigns, the right #o grant over the Premises perpetual non-exciusive rights of
ingress and egress to any other property that is:
(a) encumbered with a conservation easement; or
(b) encumbered or transferred for other purposes similar to those for
which this conservation easement is being granted.
No right of access to the genera! public ta any portion of the Premises is conveyed by
this conservation easement.
6. Further, Grantor herewith grants unto Grantee, its successars and
assigns, a perpetual non-exclusive easement for ingress and egress over the property
described on attached Exhibit C for uses in connection with exercising the rights granted
under this Conservatian Easement, which non-exc{usive easement shail be relocatable
to the extent the same encumbers property not encumbered by the Conservation
Easement, at the option of the Grantor.
7. Neither Grantee nor Grantor shall be liable for any costs or liabilities related
to the management, use, operatian, upkeep or maintenance of the Premises, includinc
the disposal of solid wastes or pollutants.
8. Enforcement of the terms and restrictions of this conservation easement
shall be at the reasonab{e discretion of Grantee, and any forbearance �n behaff of
Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor,
shafl not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. If any provision of this conservation easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions shall
not be affected thereby, as long as the purpose of the conservation easement is
preserved.
10. All notices, consents, approva9s or other communications hereunder shall
be in writing and shall be deemed properly delivered only 1) on the date delivered, if by
personal delivery, or 2) if mailed by certified mail/return receipt request, then the date the
return receipt is signed or delivery is refused ar the mail is designated by the postal
authorities as not deliverable, as the case may be, or 3) one day after mailing by any
form of overnight mail service.
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
0
As To CITY
City of Palm Beach Gardens
10500 North Military Trail
Palm geach Gardens, Florida 33410
Attention: Christine P. Tatum, Esq.
As To Palm Beach Acquisitions, LLC
c/o John C. Bills Enterprises
3950 RCA Boulevard
Suite 5�00
Palm Beach Gardens, Florida 33410
As Ta The Borland Center Property Ov►rners Association,
Inc.
c/o Dr. Ray Underwood
3970 RCA Boulevard, Suite 70�9
Palm Beach Gardens, FL 33410
Teiecopier: (561) 626-5998
11. This conservation eas�ment is subject to existing easements for public
roads and highways, public utilities, railroads and pipelines, provided further that any use
of the Premises shall be subject to Federal and State laws with respect to pollution.
12. This conservation easement may only be modified, amended, or released
by recordable written agreement between the parties to be filed in the official public
records oT Faim r�each �ounfy.
13. The terms and conditions of this conservation easement shall be inserted
by Grantor in any subsequent deed or other legal instrument by which Grantor divests
itself of any interest in the Premises. Grantor shail, no less than five days prior to any
transfer of any interest in the Premises, provide notice to the Grantee of such probosed
transfer. Grantor shall notify any future holder of Grantor's interest in the Premises of this
conservation easement.
14. All the terms and restrictions herein contained run with the land and shall
inure to the benefit of and be �iinding upon the parties hereto and their respective
executors, administrators, personal representatives, heirs, successors, and assigns.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise incident or appertaining to the proper use, benefit and
behoof of the Grantee, its successors or assigns, forever.
5
AND the Grantor hereby covenants with the said Grantee that it is lawfully seized of the
Premises in fee simple; that it has goad right and lawful authority to convey this
Conservation Easement; that it fully warrants and defends the tit{e to the Conservation
Easement hereby conveyed against the lawfui claims of all persons whomsoever,
claiming by through or under the Grantor.
IN WITNESS WHEREOF, Grantor has hereunto set its authorized hand as of the
date first above written.
Signed, sealed and de(ivered
in our presence as witnesses:
.
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PrrrS_�e:
�
Pri�t N , e:
`"� . ,� .l
�?ri t Name:
Prin�
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BY:
GRANTOR:
PALM BEACH ACQUISITIONS LLC,
A Fiorid� Limi�d Liability Company
bb, Managing Member
ohn C. Bills,�Vla�ging Member
The foregoing instrument was acknowledged before me this �day of G-e:a7 ,
2Q05, by Wayne H. Babb and John C. Bilis, as Mana �ng Members of P�lm Beach
Acquisitions LLC, a Florida Limited Liability Company. .-i�,�skxe are �personaily knowrl� to
me or have produced as id�r�tiffcati��i�.-� -- —�- �
NOTARY PUBLIC, STATE OF FLORIDA
•'1 f.,
���..+-V.y-�.�.�.
Print Name: �xS � ���
My Commission Expires:
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�OINDER
For and in consideration of $10.00 and other good and valuable consideration,
the receipt of which is hereby acknowledged the undersigned, as Grantee, hereby jains
in this Easement for iiself, its successors and assigns, for the purposes of agreeing to
all of the abligations set forth in this Easement of the Borland Center Property Owners
Associatian, Inc. and the owners of the Borland Center (PUD), and their successors and
assigns.
THE BORLAND CENTER PROPERTY OWNERS
ASSOCIATION, INC., a Florida not for profit
BY:
Its:
Dated:
Signed, sealed and delivered
in ou prese.nce as witn es:
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STATE OF FLORfDA
GuuN i Y uF rH�M �tALH
Corporation
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The foregoin instrument was acknowledged before me thisl�day of���'�,
2005, by � U, �� �; r�. , as President of the Boriand Center Property
Owners Associ tion, Inc., a Florida not for profit corporation.
/` _ _ - ___._ ``
.�gi /she a�_personally known to'me or have prod�ced
identification. -- ----- —�--�
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NOTARY
j
LIC, STATE QF FLORlDA
t'rint Name: i��;��
My Commission Expires:
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DESCRIPTION & SKETCH
PREPARED FOR�
PALM BEACH ACQUISITIONS LLC
4.62 ACRES, SECTION 2/42/41
BORLAND CENTER
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 42 SCUTH, RANGE 41 EAST,
PALM BEACH COUNTY, FLGRIDA, BEWG MORE P�RTICULARLY DESCRIBFD AS FOLLOWS
COMMF�ICING AT THE rJORTHEAST CORNER OF SAID SECTION 2; THENCE SOUTH 00° 57�42"
w[ST �,LOr�G TH� EaST LINE OF SaiD SECTiON 2, A DISTANCE OF 516.20 FEET. THENCE
DEPARTING SAIO �AST SECTION UNE NORTH 53° 39'33" WEST, A DISTANCE OF 276.67 FEET
TO THE Pr���iT CF QEGINNING, THENCE NORTH 53° 39'33" WEST, A DISTANCE OF
268.21 FEET. THENCE SOUTH 36° 22'07" WEST, A DISTANCE OF 415.47 FEET; THENCE
SOUTH 53° 39'33" EAST, A DISTANCE OF 304.03 FEET; THENCE SOUTH 36° 27'49" WEST,
A DIS7ANCE OF 91.64 FEET. THENCE SOUTH 53° 39'33" EAST, A DISTANCE 01
273.68 FEET. THENCE NORTH 36° 27'49" EAS7, A DiSTANCE OF 154.02 FEET: THENCE
NORTH 53° 39�33" wEST, A DISTANCE Of 97.98 FEET, THFNCE NORTH 36° 27�49�� EAST,
A DISTANCE OF 214.54 FEET; THENCE NORTH 53° 39'33" WEST, A DISTANCE OF 212.21
FEET; THENCE NORTH 36° 27'49" EAST, A DISTANCE OF 138.55 FEET TO THE: POINT
OF BEGINNING:
CONTAINING 4.62 ACRES, MORE OR LESS.
SURVEYOR'S �IOTES
1. TFIIS DRAWING IS NOT A SURVEY.
�. NU SEARCH OF l HE PUBLIC RECORDS HAS BFEN MADE BY THIS OFFICE.
3 TI1E DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCftIP710N.
THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER.
4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIOBERG LAND SURVEYING, INC.
5. DATE OF LEGAL DESCRIPTION� NOVEMBER 17, 2004
LIDBERG IAND SURVEYING, INC.
DAVID C. UDBERG
PROFESSIONAL SUftVEYOR
FLORIDA CERTIFICATE N0.
AND MAPPER
3613
LIDBERG LAND cA�.
� REF.
[��(� FL D.
URVEYING � �1�!!i. orF.
Lea431 675 V✓esf Indian(c��n Rood, Suite 200, CKD.
Ju ite�. Florido 33458 TEL 567-746-8454
\UST\014241\1668303\1668303.dgn 11/18/2004 1Q:16:33 AM
C;:. i;�+;. � �. i�.
ABBREVIATIONS�
POB = POINT OF BEGINNiNG
POC = POINT OF COMMENCEMEI4T
ORB = OFFICIAL REC:ORD BOOK
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llESCRIPTION & SKETCH
PREPA[�CD ror�:
1'ALM BEACH ACQUISITIONS LLC
4.62 ACRES, SECTION 2/42/41
BORLAND CENTER
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NORTH UNE, SECTION 2 35 36 NORTH LINE, SECTION t
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2 � �`�� P.O.C.
NORTHEAST CORNER
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SOUTH, RANGE 41 EAST,
ol� PALM BEACH COUNTY, FLORIDA
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Exhibit "B"
130RLAND C�NTER
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, IZANGE 42 �AST;
W[THIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, I'ALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PART OF THB SOUTHWEST QUARTER (SW `/4) OF SAID SECTION 1, TOWNSHIP
42 SOUTH, RANGE 42 EAST; I.YING WESTERLY OF THE WEST RIGHT-OF-WAY LINE OF
MILITARY TRAIL; LESS AND EXCEPTING THEREFROM THE PLAT OF GARDEN LAKES
AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34, AT PAGE 139; ALSO LESS
THAT PORTION LYING NORTHERLY OF THB WESTBRLY ELONGATION OF THE NORTH
LiNE OF SAID PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN
PLAT BOOK 34, AT PAGE 139; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST
QUARTER (SW '/4) 0� SAID SECTION l, TOWNSHIF 42 SOUTH, RANUE 42 EAST FOR
i'.G.A. BOULEVARD RIGHT-OF-WAY; ALSO LESS THAT CERTAIN PARCEL DESCRIBED
IN OPFICIAL RECORD BOJK 1378, AT PAGE 145, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD OF COUNTY
COMMISSIONERS OF PALM.BEACH COUNTY, FLORIDA BY TI-IE RIGHT-OF-WAY DEED
1ZECUIZUEll 1N OFFICIAL RECORDS BOOK 6898, PAGE 202, PUBLTC RECORDS OF PALM
I3LACI-I COUNTY, FLOR.IDA.
CONTAINING 2,052,098 SQUARE FEET OR 47.110 ACRES, MORE OR LESS.
DESCRIPTION & SKETCH
PREPARED FOR
1'ALM BEACH ACQUISITIONS LLC
15' ACCESS EASEMENT, SECTIONS 1&2 /42/41
LEGAL DESCRIPTION
A 15 FOOT ACCESS EASEMENT LYING IN SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 41 EAST,
P�LM BEACH COUNTY, FLORIDA, THE CENTERLINE BEING MORE PAR?ICULARLY DESCRIBED �S FGLLOWS
COMMENCiNG AT THE NORTHEAST CORNER OF SAiD SECTION 2; THENCE SOUTH 00° 57'42"
WES7 ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 516.20 FEET, THENCE
DEPAR �ING SAID EAST SECTION LINE NORTH 53° 39'33" WEST, A DISI"ANCE OF 544.88 FEET,
THENCE SOUTH 36° 22'07" wEST, A DIST�NCE OF 1000.00 FEET 70 A POIr7T ON THF NORTHERLY
RIGHT OF WAY I.INE OF A 200 RIGHT OF WAY FOR STATE ROAD N0. 710 AS REC:ORDED IN DEED
BOOK 29, PAGE 326, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THENCE SOUTH
53° 39'33" EAST ALONG SAID NORTHERI.Y RIGHT OF WAY UNE, A DISTANCE OF 7 50 FEET TO THE
i'OINT OF BEGINNING, THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY LWE PJORTH
36° 22'07" EAS7, A DISTANCE OF 690.45 FEET, THENCE SOUTH 53° 39'33" EAST, A DISTANCE OF
1353.80 FEET TO THE TERMINUS OF THIS EASEMENT.
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L8443� 675 West Indiantown Rood, Suite 200, ��� SHEET � OF OWG.
Ju i(er, Flo�ido 33458 TEL 561-746-B454 GC.L _e 8. A98�Ib6
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PREPARED FOR�
PALM BEACH ACQUISITIONS LLC
15' ACCESS EASEMENT, SECTIONS 1&2 /42/41
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OFF-SITE PRESERVE AREA MANAGEMENT PLAN
OFF-SITE PRESERVE AREA
MANAGEMENT PLAN
BORLAND CEN-TER
Section 19, Township 42 South, Range 43 East
Palm Beach Gardens, Florida
JULY 6, 2004
Prepared for:
RAM DEVELOPMENT AND PALM BEACH
COMMUNITY CHURCH
Prepared by: _
Cotleur & Hearing inc.
- 1934 Commerce Lane, Suite 1
Jupiter, FL 33458
(561) 747-6336
Cotleur Hearing
1934 Commerce lane, SWte t
Jt�plfer, Flork�a 33458
561 747 6336 fmt 747 1377
,-�� s
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Tabie of Contents
1.0 Introduction .............................................................................................................1
2.0 Site Description ............................................................
..........................................1
3.0 Protection of Preserve Area .............
3.1 Delineation and Surveying Specifications ............. ������������� 2
................................................. 2
3.2 Vegetation Management Plan .....................................
� ........................................... 2
3.3 Prohibited Activities in �Preserve Areas ................................................................... 2
3.4 Activities Allowed in the Preserve .......................................................................... 2
3.5 Quality Assurance .............................................................
.................................:... 3
4.0 Restoration and Maintenance .....................................................................3
4.1 Exotic Species ........... P g
.........................................................................
4.2 Re-vegetation with Com atible Native Ve etation .................................................. 3
4.3 Potential Species for Re-vegetation .................
...................................................... 3
4.4 Maintenance ............. ............................................................... 4
..............................
4.5 Native Preservation Alteration ........................
........................................................ 5
4.6 Monitoring Program ............................................................................................... 5
5.0 Responsibility and Enforcement ............................................................................... 7
5.1 Enforcement .......................
................................................................................... 7
5.2 Responsibilities ......................................................................................................7
Exhibits
Location Map
Aerial Map — Exhibit 1
Preserve Map — Exhibit 2
Soils Map
.,ot�eur Hearing
1934 Commerce Lane, Sulte 1
��� Fbtkla 33458
561 747 6336 fctt 747 1377
THE BORLAND CENTER
PRESERVE MANAGEMENT PLAN
T.0 Introduction
The following plan has been provid�ed by the Owner/Developer of The Borland Center on behalf
of itself and the Borland Center Owners Association formed or to be formed.
The Borland Center Preserve Area Management Plan shall be used to govern all activities or
concerns relating to the 4.63 acre preserve noted on the Final Site Plan for The Borland Center,
City of Palm Beach Gardens, Florida. The plan conforms to the City of Palm Beach Gardens
code requirements regarding the preservation/protection and incorporation of native plant
ecosystems. The Preserve Area and its management shall be the responsibility of the Borland
Center Owners Association and its successors and assigns, and in the event of its failure to so
timely manage then by the then Owner(s) of tF�e Borland Center Site ("Borland Center Site"), as
more particularly described in Exhibit "3" attached hereto, and their successors and assigns.
The underlying fee owner will not be responsible for any costs or expenses of this plan.
2.0 ; Site Description ` ,' `; .� � �
° _ =r :: $
The Preserve Area contains 4.63 acres (Aerial Map attached — Exhibit 1) and consists of mixedV
slash pine flatwoods and palmetto scrub, herbaceous marshes and open water ditches. The
partial canopy is composed predominately of slash pine (Pinus elliotti��. The shrub layer
consists of saw palmetto (Serenoa repens), gallberry (llex glabra), staggerbush (Lyonia
fruticose) and wax myrtle (Myrica cerifera). The understory or ground cover contains wire grass
(Aristide stricta), as well as numerous weed and grass species. See the Vegetation Inventory
for plant listing. Exotics growing within the proposed Preserve Area will be eradicated.
The soils in the Preserve, (Soils Map attached) are identified by the South Florida Water
Management District soil survey as, Riviera fine sand and Riviera fine sand depressional;
Riviera fine sand - This is a nearly level, poorly drained soil that has a thick sandy subsurface
to 40-inches deep. This soil is in broad, low areas. Under natural conditions the water table is
within 10-inches of the surface for 2-4 months in most years and befinreen 10-30 inches for the
remaining months. The natural vegetation is slash pine, cabbage palms, cypress trees, saw
palmetto, and numerous grasses.
Riviera fine sand, depressional — This soil is a nearly level, poorly drained soil with a loamy
subsurface. This soil is found in shallow, well-defined depressions. This soil is covered with up
to 2-feet of water for more than 6 months of each year. The natural vegetation is cypress,
pickerelweed, St. Johns-wort, duck potato and water tolerant plants.
The applicant proposes to remove the exotic vegetation present in the preserve area (Exhibit 2) -
and as necessary plant appropriate and native upland vegetation to provide cover and food
sources for wildlife.
Cotleur Hearing Project#98-1205
1934 Commerce Lone, SWte 1 July 6, 2004
Jupfter, Fbrfdo 33458 F:1Project Documents\PALM BEACH COMMUNITY CHURCH18orland CV PAMP
561 747 6336 Fa+c 747 1377 7.06.04 finall.dx
_ 1
D, Protection of Preserve Area
3.1 Delineation and Surveying Specifications
The Preserve Area shall be staked and field surveyed within one year, based on the approved
Final Development Plan preservation delineation so as to maintain compliance with required
area calculations and preservation limits. No desirable/native plant material will be removed
from preservation areas to facilitate surveying.
3.2 �/egetation Management Plan
To protect and preserve the existing native plant communities within the Upland Preserve,
development shall be in strict accordance with the City of Palm Beach Gardens regulations
governing upland preserve areas.
When feasible vegetative debris will be hauled off-site and disposed of in an approved manner.
The stumps of exotic trees will be cut to 6" above natural grade and painted with an approved
herbicide.
A management, maintenance and monitoring plan has been prepared to ensure the stability and
integrity of the Upland Preserve. The Plan is described in Section 5.3.
3.3 Prohibited Activities in Preserve Area
No construction or alteration shall be permitted within the Upland Preserve Area as reflected on
the Site Plan and the Preserve Area Management Plan, except as necessary in connection with
the proposed Preserve Area restoration/enhancement as outlined below.
Prohibited activities within the Upland Preserve Area include:
1
2
3.
4.
5
6.
3.5
Construction or storage of building materials, soil, debris, trash or hazardous materials.
Mowing or the placement of sod.
Removal of native trees, shrubs or other valuable vegetation.
Excavation, soil removal or other activities that create erosion.
Parking or operation of vehicles.
Any activity that would be detrimental to drainage, erosion control, habitat or wildlife
preservation or conservation.
Activities To Be Allowed in the Preserve
The owner of the Preserve retains the right to construct a nature trail including boardwalk and
observation structure(s) on the easement property and fencing if needed to protect the preserve
from inappropriate encroachments.
:;otleur Hearing
1934 Commerce I.ane, SWte 1
Juptter, Fbrlda 33458
561 747 6336 Fcu 747 1377
�►i
Project #98-1205
July 6, 2004
F:1Project DocumentslPALM BEACH COMMUNITY CHURCH\Borland CV PAMP
7.06.04 fi�atl.doc
3.6 Quality Assurance
The project's Landscape Architect shail periodicaily revi�w all work conducted. All efforts will be
made to retain any existing vegetation outside the preservation area and development areas.
�.0 . Restoration and Maintenance
4.1 Exotic Species
Activities that are allowed in the Preserve Area shall include removal and eradication of exotic
and nuisance species, trash and debris. To minimize potential disturbance to surrounding
vegetation, eradication of exotic and nuisance species shall be accomplished by herbicide
treatment with the herbicides such as Arsenal, Garlon 3A, Tordon and/or Roundup, or other
approved herbicide and onty by licensed herbicide applicators, depending on the species.
All activities within Preserve Area shall take proper care to avoid damage or disturbance of
existing habitat. _
4.2 Re-vegetation with Compatible Native Vegetation
Within the upland preservation area, re-vegetation is anticipated to be necessary because of
exotic removal. If re-vegetation should be considered necessary, plantings shall consist of
native plant species compatible with the existing native plant community of that location to
ensure continuity of indigenous plant associations. Re-vegetation may be achieved through the
use of nursery stock plant materials or on-site transplants using the built area as a donor site. If
transplants are used, adequate water for temporary irrigation must be in place prior to transplant
operation commencement. Irrigation shall continue until transplants are established in their new
locations.
4.3 Potential Species for Re-vegetation
Common Name
Wiregrass
Beauty berry
Cocoplum
Firebush
Dahoon holly
Gallberry
Wax myrtle
Slash pine
Scrub oak
Live oak
Cabbage palm
Saw palmetto
.,otieur neanng
1934 Commerce Lane, SWte 1
Jupifer, Fbrlda 33458
561 747 6336 Fmc 747 1377
Botanical Name
Aristrda stricta
Callicarpa americana
Chrysobalanus icaco
Hamelia patens -
llex cassine
llex glabra
Myrrca cerifera
Pinus elliottri
Quercus geminata
Quercus virginiana
Sabal palmetto
Serenoa repens
�o;ea usa_, zos
F:\Project DocumentslPALM BEACH COMMUNITY CHURCH\BOrland Ctr PA P
7.06.04 finall.doc
3
Herbaceous material shall be installed using liner or 2" nursery stock with 36" on-center
spacing. Woody material shall be 4' to 10' with on-center spacing to mimic natural association
(i.e. informal massing, curvilinear planting arrangement, staggered heights, mixed species, etc.)
4.4 Maintenance
A biannual maintenance program shall be implemented to control invasive prohibited exotic
plant species and maintain upland preserves as a functioning habitat. A list of prohibited exotics
and non-natives to be eradicated during maintenance procedures is provided in Table 2 below.
Maintenance programs shall be conducted in an environmentally sensitive manner by hand or
chemically. Chemicals used must be EPA registered products approved for use in the State of
Florida that have been shown to present a wide margin of safety for fish, waterfowl and human
life and applied only by licensed applicators. Trash and debris shall be removed during each
maintenance event.
Prohibited and Invasive Non-Native Plant Species List
Prohibited plant species, as defined below, shall be completely removed or eradicated from the
entire site concurrent with permitted vegetation removal and site development. Periodic follow-
up removal/eradication is required. The following list constitutes a partial list of prohibited plant
species. All exotic species identified as Category I species by the Florida Exotic Pest Plant
Council shall be removed from the preserve.
Table 2— Prohibited and Invasive Non-Native Plant Species
Common Name Botanical Name
Earleaf acacia Acacia auriculiformis
Woman's tongue Albizia lebbeck
Shoebutton ardisia Ardisia so/anaceae
Bishop-wood Bischofia javanica
Australian pine Casuarina spp.
Leather leaf Colubrina asiatica
Carrotwood Cupaniopsis anacardioides
Air potato Dioscorea bulbifera
Lofty fig Ficus alfissima
Banyan Ficus bengalensis
Mahoe Hibiscus tiliaceus
Jasmine Jasminum dichotomum
Small-leaved climbing fern Lygodium microphyllum
Melaleuca, punk tree or paper tree Melaleuca quinquenervia
Cat's claw - Mimosa pigra
Kudzu Pueraria montana (P. Lobata)
Downy rose myrtle Rhodomyrtus tomentosus
Chinese tallow tree Sapium sebiferum
Schefflera Schefflera actinophyl/a
(Brassaia actinophylla)
Brazi�ian pepper Schinus terebinthifolius
Java plum Syzgium cumini
Cork tree Thespesia populnea
�otieur rieanng
1934 Commerce Lane, SWte 1
JupBer,Flotlda 33458
561 747 6336 Fmc 747 1377
'Q
Project #98-1205
July 6, 2004
F:\Project DocumentslPALM BEACH COMMUNII'Y CHURCH\Borland CV PAMP
7.06.04 finall.doc
4.5 Native Preservation Alteration
The only alteration or activities allowed in the Preserve Area will be the following:
�
2.
3.
The removal of exotic plant material and refuse.
Planting of compatible vegetation.
The construction of a nature trail with boardwalk and observation structures to the
Preserve Area.
4. Activities that are prohibited in the Preserve Area shall include, but are not limited to; the
construction or placing of building materials on or above the ground, dumping or placing
soil or other substances such as garbage, trash and cuttings, removal or destruction of
native trees, shrubs or other vegetation, excavation, dredging or removal of soil material,
no utilities nor diking or fencing, recreational vehicle use and any other activities
detrimental to drainage, flood control, yvater conservation, erosion control, or �sh and
wildlife habitat conservation or preservation. (except as provided in paragraph 3.5 of this
- document)
4.6 Monitoring Program
The Borland Center Preserve Area shall
requirements of the jurisdictional agencies.
survey methodology and a plan showing 1
(Exhibit 2)
be monitored annually in accordance with the
The monitoring program shall utilize the following
ie layout of the monitoring program is provided.
■ Time Zero Vegetative Survey
A transect shall be established through the upland areas to cross the full range of
existing vegetative communities, topographic gradients, and other environmental
variants. To monitor vegetative re-colonization, stations shall be established at
the interface of vegetative communities within the areas of proposed planting. At
each station a one-meter square plot shall be established and the corners
marked with PVC pipe. These stations shall remain consistent over the
monitoring period.
During each monitoring session, information shall be collected concerning
_ species composition, percent coverage, and relative health of vegetation. Data
sheets have been developed that record present data in sequential format, the
data collected during each monitoring session. A sample data sheet is included
in the appendix of this report.
Vegetation strata to be monitored are:
Canopy Species -
At each quadrant, with the station, being the center, a 1-meter
radius shall be established and tree species existing within the plot
tagged and numbered. Species, basal area measured at 4' above
ground surface, and height of each tree shall be recorded.
:;otleur Hearing
1934 Commerce Lane, SWte 1
J�fler, florlda 33458
561 747 6336 Fmc 747 1377
�
Project #98-1205
July 6, 2004
F:\Project Documents\PALM BEACH COMMUNITY CHURCH18orland CV PAMP
7.06.04 finall.doc
Shrub Layer -
At each quadrant, with the station being the
radius shall be established and shrub species
pot and height recorded.
Ground Layer -
At each station a 1-meter radius 't '
center, a 1-meter
existing within the
moni ormg plot shall be
established and corners � marked with PVC pipe. During each
monitoring session, information shall be coflected concerning
species composition, percent coverage, and height of vegetation
present within each quadrant.
• Photographic Documentation -
Fixed points shall be established that will provide a consistent location for annual
repetition of photographs that provide a panoramic view and record of conditions
and changes within the Upland Preserve area.
• Mitigation Maintenance
Upon completion of initial clean-up and plant installation, routine maintenance
activities shall be initiated at a maximum of 90-day intervals throughout the five-
year monitoring period. During these routine maintenance inspections, all trees,
shrubs, and other plants shall be maintained by pruning, cultivating and fertilizing
as required for healthy growth. Work efforts shall control and eradicate re-growth
or seed germination of exotic and noxious species.
Maintenance activities shall utilize a combination of herbicide treatment and
manual removal to control exotic and undesirable species. To prevent damage
created by removal haul routes, debris shall remain in place to decay naturally.
Removal from the site or using prescribed burns may be a feasible alternative to
decomposition in place.
Following the five-year maintenance and monitoring period, long term
maintenance of the Upland Preserve Area shall be incorporated into The Borland
Center property maintenance program. At a minimum, the maintenance shall be
conducted on an annual basis.
• Evaluation
Monitoring of the preserve shall be conducted on a semi-annual basis for a
period of five years. Reports shall be prepared that will document the success of
the preserve management area plan. These reports will contain the physical data
and will describe any changes in vegetation species composition or dominance,
survival of planted species, wildlife utilization, or other relevant conditions
observed.
These reports shall outline any revisions or recommendations believed
appropriate to improve the success of this project.
o A minimum of eighty (80) percent survival of each planted species. This
rate shal! be maintained except where species composition, density of
�otleur Hearing
1934 Commerce Lane, Sulte 1
Juptter,Fb�ida 33458
561 747 633b fQC 747 1377
Project #98-1205
F:\Project DocumentslPA�M BEACH COMMUNITY CHURCH\Borland CU PAMP
7.06.04 finall.doc
6
0
0
planted and recruitment species and overall Preserve condition, growth
rates and viability of the area are higher.
Less than 5 percent coverage by invasive exotic and undesirable species.
At least eighty (80) percent coverage by desirable species.
�onsibilit
5.1 Enforcement
and Enforcemen#
The Preserve Area Management Plan will not be changed without the approval of City of Palm
Beach Gardens and the City shall have the right to enforce the provisions of the Upland
Preserve Area Management Plan through any available administrative or civil proceeding which
may result in penalties, and other remedies as against any person, corporation or other entity in
violation of any of tlie provisions of the Preserve Area Management Plan.
5.2 Responsibilities
The Affidavit of Responsibility identifies the responsible party for maintenance and protection of
the preserve.
The Owner/Developer of The Borland Center property recognizes the natural, aesthetic and
habitat value of the native upland habitat on site. The Developer has agreed to eradicate and
manage the encroachment of exotic vegetation and manage the Upland Preserve Area in
accordance with guidelines set forth by the City of Palm Beach Gardens. These management
practices are intended to improve the potential utilization of these areas by various types of
wildlife.
Preserve Management shall be the responsibility of the Borland Center Owners Association and
in the event such association does not timely fulfill its responsibilities then by the then Owner(s)
of the Borland Center Site, and their successors and assigns. This Preserve Area is being
preserved as part of the offsite mediation requirement for the Borland Center Site, which
Borland Center Site is more particularly described in Exhibit "3" attached hereto and
incorporated herein by reference. Preserve Area shall be maintained two (2) times per year as
required by Section 4.4 of this Preserve Area Management Plan.
Initial implementation and future management of all upland Preserve Area within the property
will be the responsibility of the Borland Center Owners Association or Assigns or its successors
and/or assigns. -
::otleur Hearing
1934 Commerce Lane, SWte 1
Jupfter, Fbdda 33458
561 747 6336 Fcix 747 1377
Project #98-1205
July 6, 2004
F:1Project Documents\PALM BEACH COMMUNITY CHURCH18orland Ctr PAMP
7.06.04 finall.dx
%
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Hearing
� s3a conm�erce �ane
Suife 1
.hipiter. FL 33458
PhOnC: 561-747-6336
F�tX: ,i61-747-1377
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Exhibit ��3"
BORLAND CENTER
_. A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, R.ANGE 42 EAST•
WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, pAL,M
BEACH COUNTy, FLORIDA, AND BEING MORE PARTICULARLy DESCRIBED AS
FOLLOWS:
THAT PART OF THE SOUTHWEST QUARTER (SW'/,) OF ��D SECTION 1,-TOWNSHIp
42 SOUTH, RANGE 42 EAST; LYING WESTERLy OF THE WEST RIGHT-OF-WAY LINE OF
MTLITARY TRAIL,; LESS AND EXCEPTING THEREFROM THE pLAT OF GARDEN LAKES
AND GARDEN SQUA;RE SHOPS AS SHOWN IN pLAT BOOK 34, AT PAGE 139; ALSO LESS
THAT PORTION LYING NORTHERLY OF THE WESTERLY ELONGATION OF THE NORTH
LINE OF SAID PLAT OF GARDEN LAKES AND GA.RDEN SQUA.RE SHOPS AS SHOWN IIV
PLAT BOOK 34, AT PAGE 139; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST -
QUARTER (SW '/,) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, R.ANGE 42 EAST FOR
P.G.A. BOULEVARD RIGHT-OF-WAY; ALSO LESS THAT CERTAINPARCEL DESCRIBED
IN OFFICIAL RECORD BOOK 1378, AT PAGE 145, PUBLIC RECORDS OF PALM BEACH -
COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD OF COUNTy -
COMMISSIONERS OF PALM BEACH COUNTy, FLORIDA BY THE RIGHT-OF-WAy DEED
RECOR.DED IN OFFICIAL RECORDS BOOK 6898, PAGE 202, PUBLIC RECORDS OF PALIv1
BEACH COUNTy, FLORIDA.
CONTAINING 2,052,098 SQUARE FEET OR 47.110 ACRES, MORE OR LESS.
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Exhibit ���'"
BORLAND CENTER
-. A PARCEL OF LAND SI'I'tJATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST•
WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, pAL,Iv1
BEACH COUNTy, FLORIDA, AND BEING MORE PARTICULARLy DESCRIBED AS
FOLLOWS:
THAT PART OF THE SOUTHWEST QUARTER (SW'/4) OF SAID SECTION 1; TOWNSHIP
42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST RIGHT-OF-WAY LINE OF
MILITARY TRAII,; LESS AND EXCEPTING '1-HER.EFROM THE pLAT 4F GARDEN LAKES
AND GARDEN SQUA;RE SHOPS AS SHOWN IN pLAT BOOK 34, AT PAGE 139; ALSO LESS
THAT PORTION LYING NORTHERi,y OF THE WESTERLY ELONGATION OF THE NORTH
LINE OF SAID PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN
PLAT BOOK 34, AT PAGE 139; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST
QUARTER (SW '/4) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR
P.G.A. BOULEVARD RIGHT-OF-WAY; ALSO LESS THA,T CERTAIN PARCEL DESCRIB.ED
IN OFFICIAL RECORD BOOK 1378, AT PAGE 145, PUBLIC 1ZECORDS OF PALM BEACH -
COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD OF COUNTy �
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA BY THE RIGHT-OF-WAY DEED
RECOR.DED IN OFFICIAL RECpR�S BOOK 6898, PAGE 202, PUBLIC RECORDS OF PALIvi
BEACH COUNTY, FLORIDA.
CONTAINING 2,052,098 SQUARE FEET OR 47.110 ACRES, MORE OR LESS.
RESOLUTION 92, 2004
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Date Prepared: April 8, 2004
RESOLUTION 92, 2Q04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WAIVER OF THE
RESIDENTIAL REQUIREMENT WITHIN A MIXED USE PROJECT
TO ALLOW FOR A MIXED USE PLANNED UNIT DEVELOPMENT
(PUD) UTILIZING NON-RESIDENTIAL MIXED USE INTENSITIES
AND MEASURES; APPROVING THE MASTER DEVELOPMENT
PLAN FOR THE APPROXIMATELY 47-ACRE PROPERTY, KNOWN
AS THE BORLAND CENTER / PALM BEACH COMMUNITY
CHURCH (A.K.A. PARCEL 6.01A}, LOCATED ALONG THE NORTH
SIDE OF PGA BOULEVARD BETWEEN GARDENS SQUARE
BOULEVARD AND SHADY LAKES DRIVE, AS DESCRIBED MORE
PARTICULARLY HEREIN, TO ALLOW THE DEVELOPMENT OF
64,533 SQUARE FEET FUR A CULTURAL CENTER AND CHURCH
FACILITIES {500-SEAT SMALL THEATER / CHURCH FACILITY
WITH ACCESSORY USES AND 300-SEAT BANQUET HALL),
64,025 SQUARE FEET FOR RETAIL / COMMERCIAL USE, 19,950
SQUARE FEET FOR RESTAURANT USE, 10,900 SQUARE FEET
FOR PROFESSIONAL OFFICE USE, AND 225 MULTI-FAMILY
UNITS; GRANTING CONDITIONAL USE APPROVAL FOR A 500-
SEAT SMALL THEATER USE / CHURCH AND 300-SEAT BANQUET
FACILITY ; PROVIDING F�R WAIVERS; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City's Land Development Regulations, is authorized and empawered
to consider petitions related to zoning and land development orders; and
WHEREAS, the Palm Beach Gardens Comprehensive Plan provides for a waiver
from the residential component, #hereby allowing a mixed use project to utilize non-
residential mixed use intensity measures; and
WHEREAS, the Growth I�anagement Department has reviewed the proposed
r�naster sit� plan for �onsistency �vith the criteria established by the City's
Cornprehenswve Pl�n to deterr�ine the compatibility of the development with the
surrounding future �and use and/or existing development; and
WHEREAS, the Growth Management Department has determined that said
application, as proposed for development, meets finro of the four criteria necessary for
the waiver to allow non-residential mixed use intensities within a Mixed Use Planned
�1nit Development (PUD) project as required by the Comprehensive Plan; and
Date Prepared: July 15, 2004
Resolution 92, 2004
1 WHEREAS, the City received petition PUD-01-13 from Cotleur Hearing, agent
2 for Palm Beach Community Church, for master development approval to allow the
3 development of 64,533 square feet (500-seat small theater / church facility with
4 accessory uses and a 300-seat banquet hall) fnr a cultural center and church facilities,
5 64,025 square feet #or retail / commercial use, 19,950 square feet for restaurant use,
6 10,900 square feet for professional office use, and 225 multi-family units, a Conditiona0
7 Use (CU) for a 500-seat small theater and church and a 300-seat banquet facility, on an
8 approximately 47-acre site located along the north side of PGA Boulevard between
9 Gardens Square Boulevard and Shady Lakes Drive, as more particularly described
10 herein; and
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12 WHEREAS, the subject site has been zoned to Mixed Use Pfanned Unit
13 Development (PUD) Overlay with an underlying zoning of Mixed Use (MXD); and
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15 WHEREAS, the Master Development Plan was reviewed by the Planning and
16 Zoning Commission at a public hearing conducted on February 24, 2004; and
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18 WHEREAS, the 500-seat small theater / church and a 300-seat banquet facility
19 have been reviewed as a Conditional Use (CU) and have met the conditional use
20 criteria per Section 78-52 of the City's Land Development Regulations; and
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22 WHEREAS, the City Council has considered the evidence and testirnony
23 presented by the Petitioner and other interested parties and the recommendations of
24 the various City of Palm Beach Gardens review agencies and staff; and
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26 WHEREAS, the City Councif has determined that this Resolution is consistent
27 with the City's Comprehensive Plan based on the following findings of fact:
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1. The applicant has satisfied the criteria established in Section 78-157(g)(1)
of the City's Land Development Regulations and Policy 1.1.1.3 of the Land
Use Element of the City's Comprehensive Plan for the requested waiver.
2. The applicant has met the intent of the City's Comprehensive Plan, and the
proposed development is consistent with the Comprehensive Plan.
36 3. The applicant has demonstrated compliance with the canditional use criteria
37 specific to the proposed conditional uses of the 500-seat small theater /
38 church and a 300-seat banquet facility.
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4e �he proposed uses are not a detriment to the public safety and welfare
�nrithira the Cpty of Palm �each Gardens.
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The applicant has provided adequate screening and buffering in order to
rnitigate the impact of the proposed uses.
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The proposed
the Code.
Date Prepared: July 15, 2004
Resolution 92, 20Q4
uses are in harmony with the general purpose and intent of
5 NOW, THEREFORE, BE IT RESOLVED BY THE C1TY COUNCIL OF THE CITY
6 OF PALM BEACH GARDENS, FLORIDA that:
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
10 SECTION 2. The City Council hereby approves a waiver pursuant to Section 78-
11 157, Code of Ordinances to waive the mandatory residential requirement. The non-
]2 residential waiver is specifically limited to the approved master site plan approved
13 herein and its compatibility with the surrounding area based on the proposed intensities
14 and densities of the development. Any amendments, revisions, and/or redesign of the
15 project shall require a reevaluation of the criteria applied to the proposed amendments,
16 revisions, and/or redesigning of the project.
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18 SECTION 3. The Master Development Plan application of Cotleur Hearing, agent
19 for Palm Beach Community Church / Borland Center, is hereby APPROVED on the
20 following described real property, to permit the following development:
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22 • 64,533 square feet for a cultural center and church facilities (500-seat small
23 theater / church facility with accessory uses and a 300-seat banquet hall)
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64,025 square feet for retail / commercial use
19,950 square feet for restaurant use
• 10,900 square feet for professional office use and 225 multi-family units
• a Conditional Use (CU) for a 500-seat small theater I church and 300-seat
banquet facility
30 on an approximately 47-acre site located along the north side of PGA Boulevard
31 between Gardens Square Boulevard and Shady Lakes Drive, including the list of uses
32 for the PUD attached hereto as Exhibit "A", and subject to the conditions of approval
33 contained herein, which are in addition to the general requirements otherwise provided by
34 ordinance:
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36 LEGAL DESCRIPTION:
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38 A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42
39 EAST; WITHIN THE MUNICIPAL LIMITS OF TH E CITY OF PALM BEACH GARDENS,
40 PALM �EACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
4R A s FOLLOVIlS°
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43 TFIAi P�RT OF THE SOUTHWEST QUARTER (SW '/) OF SAID SECTION 1,
44 i01N�S�IIP 42 SOUTFi, F2ANGE 42 EAST; LYING WESTERLY OF THE WEST
4S RIGHT-OF-iNAY LINE OF MIL(TA�Y TRAIL; LESS AND EXCEPTING THEREFROM
46 THE PLAT OF GAfZDEfV LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN
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Date Prepared: Ju1y 15, 2004
Resolution 92, 2004
PLAT BOOK 34, AT PAGE 139; ALSO LESS THAT PORTION LYING NORTHERLY
OF THE WESTERLY ELONGATION OF THE NORTH LINE OF SAID PLAT OF
GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34,
AT PAGE 139; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST QUARTER
(SW'/4) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR P.G.A.
BOULEVARD RIGHT-OF-WAY; ALSO LESS THAT CERTAIN PARCEL DESCRIBED
IN OFFICIAL RECORD BOOK 1378, AT PAGE 145, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD
OF COUNTY COMMfSSIONERS OF PALM BEACH COUNTY, FLORIDA BY THE
RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 6898, PAGE
202, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 2,052,098 SQUARE FEET OR 47.110 ACRES, MORE OR LESS.
LAND USE/PLANNING
1. Prior to issuance of the first building permit, the applicant shall comply with Section
78-262 of the City Code dealing with Art in Public Places. The applicant shall
provide art on site or make a payment in lieu of art. The Art in Public Places
Committee shall review and make a recommendation to the City Council on any
proposed art on site. If the applicant is providing public art on site, the art shall be
installed prior to the issuance of the first Certificate of Occupancy. (Planning &
Zoning)
2. Medical or Dental Office Use is not allowed unless the applicant submits a traffic
equivalency analysis for review and approval by the City Engineer and Traffic
Consultant. The applicant shall also be required to demonstrate compliance with
parking requirements of the City Code. (Planning & Zoning)
3. Prior to issuance of a clearing permit, the applicant shall coordinate an on-site
meeting with the City Forester to confirm that existing and proposed landscaping,
as reflected on the proposed landscape plan, effectively screens all parking areas
from any right-of-way, while remaining in compliance with CPTED principals
incorporating view corridors for security purposes. (City Forester)
4. Prior to issuance of a clearing permit, the applicant sha.11 indicate on the site plan
the location of a transit stop and shelter along PGA Boulevard or provide staff with
verification that a transit stop is not required. If required by the Palm Beach
County 1"rar�sit Authority9 th� applicant shall provide an application for
administratirre approval to approve the location and detailed plans and elevations
consistent with Council's past approvals of such shelters and shall be responsible
for the construction of said shelter prior to the issuance of the first Certificate of
Occupancy. (Planning & Zoning}
�
Date P�epared: July 15, 2004
Resolution 92, 2004
1 5. Within sixty (60) days of the effective date of this Resolution, the applicant shall
2 submit a master signage program for the Planning, Zaning and Appeals Board and
3 City Council review and approval. (Planning & Zoning)
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5 6. Prior to the issuance of each occupational license or building permit for interior
6 renovations of tenant spaces, the applicant or its agent shall submit a breakdown
7 by use of the gross square footage for lease for approval by the Planning and
8 Zoning Division. (Planning & Zoning)
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10 7. Prior to issuance of the first Certificate af Occupancy, the applicant shall dedicate
11 the posted and viewed Shady Lakes Drive right-of-way to the City of Palm Beach
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Gardens. (Planning & Zoning)
LANDSCAPE/BUFFERING
8. Within thirty (30) days of the effective date of this Resolution, the petitioner shall
revise the master site plan to include an on-site preserve area or an on-site native
plant restoration plan to provide on-site preservation area in an approximate
location adjacent to Shady Lakes Drive or as acceptable to City staff. The
applicant shall complete the planting of the approved area of upland native
vegetation based on the restoration plan prior to issuance of the first Certificate of
Occupancy. (City Forester)
9. Prior to issuance of the clearing (land alteration) permit or �rst building permit, the
project subdivision plat shall be completed, approved by City Council, and
recorded. The upland preserve area shall be free of any encumbrances, including,
but not limited to, road rights-of-way, drainage easements, and/or utility
easements and shall bear a conservation easement. (City Forester)
10. Within ninety (90) days af the effective date of this approval,
provide the City, for review and approval, an upland preserve
which details how the preserve will be created/restored anc
Forester)
the applicant shall
management plan
I managed. (City
35 11. Prior to the issuance of the first Certificate of Occupancy, the creation/restoration
36 of the upland preserve area shall be completed and approved by the City Forester.
37 (City Forester)
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12o The applicant shall be required to provide pedestrian scale (maxirnum twelve-foot
height) lighting along the ped�strian pathways along PGA Boulevard, Garden
Squ�r� �ou�evards and Shady Lakes Drive adjacent to its property. The updated
iighting plan for the meandering pedestrian sidewalk within the parkway/preserve
area shall be submitted within thirty (30) days of approval of the date of this
Resolution. (Planning & Zoning)
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Date Prepared: July 15, 2004
Resolution 92, 2004
13. The appiicant, successors, or assigns shall be responsible for the landscape
maintenance of the medians (inciuding irrigation) and road shoulders of those
sections of public rights-of-way adjacent and/or contiguous #o the Borland Center
for Community Enrichment Planned Unit Development {PUD), including:
a. PGA Boulevard from Shady Lakes Drive to Garden Square Boulevard (the
applicant shall pay the City 50% of the total cost of maintenance of the
median).
b. Shady Lakes Drive (both east and west sides) from PGA Boulevard to the
northern terminus of its property at the time of said approval.
c. Garden Square Boulevard {west side) from PGA Boulevard to the northern
terminus of its property. (City Forester)
14. The petitioner, successors, and assigns shall be responsible for the maintenance
and installation of the lighting, landscaping, hardscaping, and irrigation of the
areas along the adjacent roadways as required by Condition No. 13 hereinabove.
(City Forester)
15. The applicant shall install the landscaping and irrigation for the PGA Boulevard
Parkway, the Shady Lakes Drive, and Garden Square Boulevard buffers within six
(6) months of the issuance of the clearing permit, or no further permits or
inspections will be issued for the project site until said landscaping and irrigation
are completed. (City Forester)
16. The applicant shall convert the existing on-site PGA Boulsvard Parkway irrigation
and Shady Lakes Drive irrigation from reclaimed water to a private water source.
In the event that the capacity for reclaimed water is available and able to service
the subject site, the applicant may convert the systems back to utilize reclaimed
water. (City Forester)
17. In the event the City of Palm Beach Gardens, or another entity, forms a special
district pertaining to the landscape maintenance of contiguous rights-of-way, then
the Borland Center for Community Enrichment property owners association,
successors, or assigns shall automatically become a member of such special
district. This condition may be amended at any time by separate agreement
between the applicant and the City af Pafm Beach Gardens. (City Forester)
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Date Prepared: July 15, 2004
Resolution 92, 2004
ENGINEERING/TRANSPORTATION
18. Prior to construction plan approval, the applicant needs to identify existing and
propased handicap ramp locations on the construction plans. Handicap ramps
shall be provided at al! sidewalks that intersect curbing along handicap-accessible
routes as required by ADA. The handicap ramps shall be labeled with the curb
ramp number from FDOT Index #304, and the applicant shall provide a detail of
each proposed curb ramp type. (City Engineer)
19. Prior to the issuance of the first building permit for any structure, the applicant
shall provide surety, acceptable to the City, for the construction of the public
improvements. The applicant shall provide an annual evaluation and adjustment
of the surety for the public improvements to account for inflation and fluctuations of
construction costs. The annual evaluation and adjustment shall be performed
prior to the anniversary of the Development Order approval of each year. (City
Engineer)
20. No construction or land alteration of any portion of the surface water management
system shall be undertaken until an environmental resource permit for construction
and operation of the Surface Water Management System, or portion thereof, is
issued by the South Florida Water Management District. (City Engineer)
21. The applicant shall copy to the City all correspondence to and from the South
Florida Water Management District regarding the Surface Water Management
System. (City Engineer)
22. The construction, operation, and/or maintenance of any elements of the subject
project shall not have any negative impacts on the existing drainage of
surrounding areas, including, but not limited to, Shady Lakes Drive, Military Trail,
and PGA Boulevard during construction. If at any time during the project
development it is de#ermined by the City that any of the surrounding areas are
experiencing negative drainage impacts caused by the project, it shall be the
applicant's responsibility to cure said impacts in a period of time and manner
acceptable to the City prior to additional construction activities. (City Engineer)
23. All areas designated for maintenance of the Surface Water Management System
shall be no less than 20-feet wide (minimum) with graded slopes no steeper than
8:1 (horizontal:vertical). No construction or landscaping shall be permitted in the
maentenar�ce areas ir� a manner that will in any way restrict, impede, or otherwise
Iimit the use of these areas for this intended purpose. (City Engineer)
iRAFFI�
24� °fhe Build Out date is December 31, 2004. (Planning & Zoning and City Engineer)
�
Date Prepared: July 15, 2004
Resolution 92, 2004
1 25. The applicant shall submit any/all requests for build out date extensions to #he
2 Palm Beach County Traffic Division and the City af Palm Beach Gardens for a
3 coordinated review and approval. (City Engineer)
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26. Prior to any future amendments that increase the building area, the applicant shall
submit an updated traffic analysis to the Palm Beach County Traffic Division and
the City of Palm Beach Gardens for a coordinated review and approval. The
analysis shall utilize actual traffic counts generated at the time of the amendment
and during the peak season if the amendment is submitted off season. If
requested by the City, the analysis shall include an updated traffic management
plan. (City Engineer)
13 27. Prior to any future amendments, the applicant shall permit the City access to the
14 site in order to perform traffic counts. (City Engineer)
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28. Upon receipt of this development order and continuing through substantial
completion of construction, the petitioner shall bi-annually provide the City with a
status report on all the approved elements of the PUD, including a summary of
completed construction and schedule of proposed construction over the remaining
life of the development order. {Planning & Zoning and City Engineer)
29. Prior to the issuance of the first building permit or within six (6) months from the
effective date of this approval, whichever is earlier, the applicant shall enter into a
Public Facility Agreement (PFA) with Palm Beach County far funding of the
roadway improvements, in a form acceptable to the County Engineer, for all non-
assured construction. (City Engineer)
28 30. The County traffic concurrency approval is subject to the Project Aggregation
29 Rules set forth in the Traffic Performance Standards Ordinance. (City Engineer)
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31. The applicant shall signalize the intersection of Shady Lakes Drive and PGA
Boulevard within twelve (12) months of the date of this development order. The
signal shall be installed to be fully operational, incfuding all appropriate lane
geometry (as determined by Palm Beach County and the Florida Department of
Transportation), pavement markings, signage, and lighting. The signal shall be
rnade active once the intersection warrants a signal and meets the approval
requirements of Palm Beach County and the Florida Department of
Transportation. (City Engineer)
32, Commencing after the issuance of certificates of occupancy for 75% (154 dwelling
units) of the residential units or 75% of the approved non-residential square
footage in the project, whichever occurs first, the applicant shall perform and
submit an annual Signal Warrant Study for the intersections of 1) Shady Lakes
Drive and PGA Boulevard and 2) Military Trail and Garden Lakes Drive. The
methodology of the traffic analysis shall be determined by the City Engineer. The
annual traffic analysis shall be conducted until such time as signals are warranted
E'3
Date Prepared: July 15, 2004
Resolution 92, 2004
1 at the above-described intersections or until two (2) years after issuance of
2 certificates of occupancy for 90% of the total approved square footage (i.e.,
3 residentiaf and non-residential) of the project. (City Engineer)
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5 33. The City shall reimburse the applicant for the cost of the signal and installation to
6 the extent that the City collects pro-rata funds from other new developments
7 having an impact on the intersections. (City Engineer)
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34. Prior to the issuance of the first building permit, the applicant shall post a bond or
other surety acceptable to the City in an amount equal to 110% of the cost, as
determined by the City Engineer, to install a traffic signal at the in#ersection of
Shady Lakes Drive and PGA Boulevard. This bond shall be maintained until the
signal is installed and accepted as required in Condition #32 hereinabove. (City
Engineer)
35. At such time as a signal warrant analysis demonstrates that a signal is needed at
Military Trail and Garden Lakes Drive, applicant shall post a bond or other surety
acceptable to the City in an amount equal to 110% of the cost, as determined by
the City Engineer, to install a traffic signal at that intersection. (City Engineer)
MISCELLANEOUS
36. The proposed master site plan does not provide for outdoor dining areas that
expand the service abilities of the restaurant uses. Requests for outdoor seating
areas with service shall be reviewed as an application for administrative approval
to the Growth Management Department and shall be required to include a traffic
equivalency analysis showing the proposed expansion of the restaurant use for
review and approval by the City Engineer and Traffic Consultant. The applicant
shall also be required to demonstrate compliance with the parking and outdoor
seating requirements of the City Code. (Planning & Zoning)
37. Required digital files of the approved plat shall be submitted to the Planning and
Zoning Division prior to the issuance of the first building permit, and approved civil
design and architectural drawings shall be submitted prior to the issuance of the
first Certificate of Occupancy. (GIS Manager and Development Compliancs
Officer)
38. Prior to the issuance of the first building permit, excluding the clearing permit, the
rriaster property owners association documents and restrictions shall be furnished
by the applicant �o the City Attorney for review and approval prior to such
documents being recorded in the Public Records of Palm Beach County. (City
Attorney)
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39. Prior to issuance of the first building permit, th
Attorney and the Planning and Zoning Division
control by the petitioner or the property owner
(City Attorney)
Date Prepared: July 15, 2004
Resolution 92, 2004
e petitioner shall submit to the City
documents demonstrating unity of
s association over the entire PUD.
40. The petitioner shall preserve all required upland preserve set aside, no less than
4.33 acres, on the east side of Shady Lakes Drive, free of all encumbrances,
including, but not limited to, road rights-of-way, drainage easements, and/or utility
easements. Provided, however, that the petitioner may provide no more than 3.39
acres of the required upland mitigation off site, subject to approval by the City
Council of a separate instrument and subject to conditions, including, but not
limited to, the following: the location, ratio, and management. If off-site mitigation
is provided, the petitioner shall be required to preserve/restore the 0.94-acre area
14 east of Shady Lakes Drive, as depicted on the Master Site Plan dated April 20,
15 2004. (Planning & Zoning)
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41. In the event that off-site mitigation is provided through a conservation easement
and the underlying property is conveyed to the South Florida Water Management
District or other entity, the petitioner, successors, and assigns shall be responsible
for paying the City $250,000 for money in lieu of off-site mitigation within ninety
(90) days of the sale date. The petitioner shall, prior to the issuance of the first
building permit, post a bond or other surety acceptable to the City to secure this
obligation. (Planning & Zoning)
25 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED�
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27 42. Lighting shall not conflict with landscaping, including long-term tree growth. (Police
28 Department)
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43. All lighting for parking lots, parking garages, and pedestrian walkways shall be metal
halide. Metal halide iighting shall be used for the multi-use pathways, and sidewalks
within the site shall be lit at a minimum of 0.6-foot candles with 12-foot high
pedestrian scale lighting. (Police Department)
35 44. Building lighting shall be installed around the entire building perimeter and on
3b pedestrian walkways. No glare lighting shall be used. (Police Department)
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38 45. Entry signage shall be lighted. {Police Department)
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40 �60 °ferYa�r cicack or photocell lighting shall be provided for nighttime use above or near
41 entryways and all exits ir�cluding emergency exits. (Police Department)
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47o i�umerical addresses shall�
a. Be illuminated for nighttime visibility and be unobstructed.
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Date Prepared: July 15, 2004
Resolution 92, 2004
b. Have bi-directional visibility from the roadway.
c. Be placed at the front and rear of each business. (Police Department)
48. All structures shall use the following target hardening techniques:
a. Build�ngs shall be pre-wired for an alarm system.
b. Doors sha11
mechanism.
be equipped with metal plates over the threshold of the locking
c. Glass perimeter doors shall be equipped with case hardened guard rings to
protect the mortise lock cylinder.
d. Rear doors shall have 180-degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-removable
hinge pins. (Police Department)
49. E�erior roll-up doors sha{I be target hardened. (Police Department)
50. If the applicant proposes the installation of an ATM, security shall be achieved by
using the foNowing techniques:
a. Visible from roadway(s).
b. Not obscured by any landscaping or other fixed object that would prevent clear
visibility.
c. Install a slow speed video camera that is recording 24-hours a day.
d. High illumination of ATM. Lighting shall be positioned so as not to cause glare of
videa recording.
e. Install and strategically place a convex mirror to a11ow operator of the ATM to
identify any approaching person(s) and/or potential suspect(s).
f. Comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police
Departrr�ent)
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the following seven (7) waiuers:
1 o Sect�on �8-344(I)(1), 9Vlinimum Dimensions, to allow for 9 feet wide parking stalls
�vwthin #he parkin� deck only and 9.5 feet for the area on the north side of the
��sidentia! �auildings.
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Date Prepared: July 15, 2004
Resolution 92, 2004
2. Section 78-250(a)(3), Preserve area requirements, to allow for a reduction in the
preserve area width from 100 feet to 80 feet in the preserve along Shady Lakes
Ds'e�eo
3. Section 78-320(a)(4), Foundation Landscaping and Plantings, to allow for limited
use of foundation plantings throughout the site.
4. Section 78-364(a), Dimensions of Loading Spaces, to allow for only four reduced-
width loading spaces to be used in accordance with the foading management plan
provided by the applicant.
5. Section 78-344(I)(3), Parking Stalf and Bay Dimensions, to allow for reduced 25-
feet side travel aisles throughout the parking garage.
6. Section 78-508(b), New Intersections, to allow for a reduced separation distance
of 125 feet between the southern-most ingress/egress point of the site and Garden
Square Shops driveway.
7. Section 78-250(a), Preserve area requirements, to allow for off-site mitigation in
lieu of on-site preserve area for 1.57 acres of the required set aside to a 3.39-acre
site.
SECTION 5. This PUD approval shall be in compliance with the following plans
on file with the City's Growth Management Department:
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Cover Sheet, 04.20.04, Cotleur-Hearing, Sheet 1 of 11.
Master Site Plan, 04.20.04, Cotleur-Hearing, Sheet 2 of 11.
Land Use Plan, 04.20.04, Cotleur-Hearing, Sheet 3 of 11.
Thoroughfare Plan, 04.20.04, Cotleur-Hearing, Sheet 4 of 11.
Site Plan, 04.20.04, Cotleur-Hearing, Sheet 5 of 11.
Site Plan, 04.20.04, Cotleur-Hearing, Sheet 6 of 11.
Site Details, 04.20.04, Cotleur-Hearing, Sheet 7 of 11.
Enlarg� Hardscap� Plan, 04.20.Q48 Cotleu�°-Hearinga Sheet � af 11,
Landscape Plan, 04.20.04t Cotleur-Fiearing, Sheet 9 of 11.
10. Landscape Plan, 04.20.04, Cotleur-Hearing, Sheet 10 of 11.
11. Landscape Details, 04.20.04, Cotleur-Hearing, Sheet 11 of 11.
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Date Prepared: July 15, 2004
Resoiution 92, 2004
12. Pedestrian Circulation Plan, 04.20.04, Cotleur-Hearing, Sheet 1 of 1.
13. Retail Elevations & Floor Plans, 12.20.02 (Stamped 03.15.04), Marc Wiener, 5
Sheets.
14.
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Retail Building `C', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 C.
Retail Building 'D', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 D.
16. Retail Building `E', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 E.
17. Retail Kiosk 'A' &`L', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.Q1
A/L.
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Retail Building `F', 12.20.02 (Stamped 03.15.04}, Marc Wiener, Sheet A3.01 F.
Retail Building 'H', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 H.
Retail Building `J', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 J.
Retail Building `K', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 K.
Retail Building `M', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 M.
Retail Building 'N', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 N.
Retail Building `O', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 O.
25. Cabana /Garages / Pavillion, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet
A3.01 CGP.
26. Parking Structure, 12.20.02 (Stamped 03.15.04), Marc Wiener, 1 Sheet (MW PS-
9 ).
27. Residential Building `R1' Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04),
Marc Wiener9 Sheet A2.01 R1 through A2.03 R1 & A3.01 I.
28. Residential Building `R2' Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04),
Marc Wienerw Sheet A2.01 R2 thraugh A2.03 R2 & A3.01 R2.
29� IResidential Building `R3' Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04),
�Vlarc Wienerr Sheet A2.01 R3 through A2.03 R3 & A3.01 R3.
30. Photometric Plans: 03.12.04s Brannan & Gillespie, EP-1 through EP-7.
SECTfON 6. This Resolution shall become effective immediately upon adoption.
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Date Prepared: July 15, 2004
Resolution 92, 2004
PASSED AND ADOPTED this �'�" day of �����-r- , 2004.
CITY OF PALN ,,�DENS, FLORIDA
ATTEST:
:
BY:
ratricla �ider, C:ity GIerK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE:
vviw.v�-- f - � w�-
e P. Tatum, City Attorney
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCf LMEMBER LEVY
AYE NAY ABSENT
✓
✓
�
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\\pbgsfile�Attorney�attorney_share\RESOLUTIONSIboriand center - reso 92 2004 - REVISED.doc
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RESOLUTION 10, 2005
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Date Prepared: December 29, 2004
Revised February 18, 2005
RESOLUTION 10, 2005
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF PALM
BEACH GARDENS, FLORIDA ACCEPTING A CONSERVATION
EASEMENT FROM PALM BEACH ACQU{SIT{�NS LLC, A FLORIDA
LIMITED LIABILITY COMPANY, FOR A 4.6-ACRE SITE OFF THE
BEELINE HIGHWAY, OPPOSITE THE NORTH COUNTY REGIONAL
AIRPORT, AS MORE PARTICULARLY DESCRIBED HEREIN, AS AN
OFF-SITE UPLAND PRESERVE SET ASIDE TO MITIGATE 3.39
ACRES OF ON-SITE PRESERVE FOR THE BORLAND CENTER
PLANNED UNIT DEVELOPMENT; APPROVING THE BORLAND
CENTER PLAT WHICH INCLUDES A 0.94 ACRE ON-SITE
PRESERVE; ACCEPTING A DEED FOR SHADY LAKES DRIVE
CONSISTENT WITH THE BURLAND CENTER P�AT; AND PROVIDING
AN EFFECTIVE DATE.
19 WHEREAS, on August 5, 2004, the City Council adopted Ordinance 13, 2004 and
20 Resolution 92, 2004, which approved the rezoning of the subject site from Planned
21 Devefopment Area (PDA) to a Mixed-Use Planned Unit Deve{opment {MXD PUD) and
22 master development approval to allow the development of 64,533 square feet (500-seat
23 small theater / church facility with accessory uses and a 300-seat banquet hall) for a
24 cultural center and church facilities, 64,025 square feet for retail / commercial use, 19,950
25 square feet for restaurant use, 10,900 square feet for professianal office use, and 225
26 multi-family units, a Conditional Use (CU) for a 500-seat small theater and church and a
27 300-seat banquet facility, on an approximately 47-acre site located along the north side of
28 PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive; and
29
30 WHEREAS, Condition 40 of Resolution 92, 2004 provides: "The petitioner shall
31 preserve all required upland preserve set aside, no less than 4.33 acres, on the east side
32 of Shady Lakes Drive, free of all encumbrances, including, but not limited to, road rights-of-
33 way, drainage easements, and/or utility easements. Provided, however, that the petitioner
34 may provide no more than 3.39 acres of the required upland mitigation off site, subject to
35 approval by the City Council of a separate instrument and subject to conditions, including,
36 but not limited to, the following: the location, ratio, and management. !f off-site mitigation is
37 provided, the petitioner shall be required to preserve/restore the 0.94-acre area east of
38 Shady Lakes Drive, as depicted on the Master Site Plan dated April 20, 2004."; and
39
�0 VI/FIEREA�9 Cotleur and hiearing, agent for The Borland Center and RAM
�� Development, has requested approval fror►i the City of Palm Beach Gardens for an
42 alternative form of mitigation in lieu of on-site preservation for the Borland Center Planned
43 Unit Devefopment, as permitted by Section 78-252 of the City's Land Development
44 Regulations, entitled "Alternative Forms of Mitigation"; and
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46
Date Prepared: December 29, 2004
Resolution 10, 2005
1
2
3 WHEREAS, the Growth Management Department has reviewed said application
4 and has determined that the mitigation request for off-site preservation is a benefit to the
5 City #hat equals or exceeds the expected benefit that would have been derived from the
6 complete on-site preservation within the Borland Center Planned Unit Development (PUD);
7 and
8 WHEREAS, the City Engineer has reviewed the Borland Center plat; and
9
10 WHEREAS, the City Engineer has determined that the proposed plat meets all the
11 technical requirements of the City's Land Development Regulations and Chapter 177,
12 Florida Statutes, and recommends approval of the plat; and
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14 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs;
15 and
I6
17 WHEREAS, Condition 7 of Resolution 92, 2004 provides: "Prior to issuance of the
18 first Certificate of 4ccupancy, the applicant shall dedicate the posted and viewed Shady
19 Lakes Drive right-of-way to the City of Palm Beach Gardens."; and
20
21 WHEREAS, the Borland Center plat dedicates the posted and viewed Shady Lakes
22 Drive right-of-way to the City af Palm Beach Gardens; and
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24 WHEREAS, at the request of the City, the applicant has additionally agreed to
25 provide a Special Warranty Deed to the City conveying the posted and viewed Shady
26 Lakes Drive right-of-way; and
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28 WHEREAS, such deed has been received and is attached hereto as Exhibit "C"; and
29
30 WHEREAS, the City Council has deemed approval of this Resolution to be in the
31 best interest of the citizens and residents of the City of Palm Beach Gardens.
32
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34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
35 PALM BEACH GARDENS, FLORIDA that:
36
37 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
38
39 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
40 accepts the Conservation Easement from Palm Beach Acquisitions LLC, a Florida Limited
41 Llability Company, a copy of which is attached hereto as Exhibit "A," for a 4.63-acre site off
42 the Beeline Highway, opposite the North County Regional Airport, as an off-site upland
43 presenre set aside for the Borland Center Planned lJnit Development (hereinafter called
44 the Borland Center Mitigation Parcel), as more particularly described below:
4S
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LEGAL DESCRIPTION:
Date Prepared: December 29, 2004
Resolution 10, 2005
5 A PARCEL OF LAND LOCATED IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 41
6 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY �F PALM BEACH GARDENS,
7 PALM BEACH COUNTY, FLORiDA, AND BEING MORE PARTiCULARLY DESCRIBED
8 AS FOLLOWS:
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10 COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LlNE QF
11 PGA BOULEVARD AND THE NORTHEAST RIGHT-OF-WAY LINE OF THE BEELINE
12 HIGHWAY; THENCE NORTH 53°39'33" WEST AL�NG SAID NORTHEAST R1GHT-OF-
13 WAY LINE OF THE BEELINE HIGHWAY, A DISTANCE OF 6,339.77 FEET; THENCE
14 NORTH 36°22'07" EAST 585.18 FEET TO THE POINT OF BEGINNING OF THE HEREIN
15 DESCRIBED PARCEL OF LAND.
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17 THENCE NORTH 36°22'07" EAST 414.82 FEET; THENCE SOUTH 53°39'33" EAST A
18 DISTANCE OF 268.21 FEET; THENCE SOUTH 36°22'07" WEST 138.55 FEET; THENCE
19 S4UTH 53°39'33" EAST 212.21 FEET; THENCE SOUTH 36°22'07" WEST 214.08 FEET;
20 THENCE SOUTH 53°39'33" EAST 100.81 FEET; THENCE SOUTH 36°22'07" WEST
21 153.81 FEET; THENCE NORTH 53°39'33" WEST 276.51 FEET; THENCE NORTH
22 36°22'07" EAST 91.05 FEET; THENCE NORTH 53°39'33" WEST 304.03 FEET TO THE
23 POINT OF BEGINNING OF TNE HEREIN DESCRIBED PARCEL. BEING A PORTION OF
24 PARCEL 18.A18 AS SHOWN ON A SURVEY PREPARED BY LINDBERG LAND
25 SURVEYING, INC. PREPARED FOR THE JOHN D. AND CATHERINE T. MACARTHUR
26 F4UNDATION ON 12/22/1998.
27
28 CONTAINING 4.63 ACRES, MORE OR LESS, AND SUBJECT TO SURVEY.
29
30 SECTION 3. This approval shall be in compliance with the following plans on file
31 with the City's Growth Management Department:
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35
1. Preserve Area Management Plan, 07.06.04, Cotleur-Hearing, 13 pages.
SECTION 4. The Mayor and City Clerk are hereby directed and authorized to
36 execute the Mylar of the Borland Center plat consisting of eight (8) sheets, prepared by
37 Dailey-Fotorny, Inc., attached hereto as Exhibit "B."
38
39 SECTION 5. The City Council of the City of Palm Beach Gardens, Florida hereby
40 accepts the Special Warranty Deed fram Palm Beach Community Church, Inc., a copy of
41 wh��h is attached hereto as Exhibi� °`V�99 for the 2.969-acre site known as the Shady Lakes
42 Dri�re right-of-�nray, as more particu�arly descrebed below:
43
44 A STRIP OF LAND 50.00 FEET IN WIDTH IN SECTION 1, TOWNSHIP 42 SOUTH,
45 6;ANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
46 FLORIDA, BEING SPECIFICALLY DESCRIBED AS FOLLOWS:
3
Date Prepared: December 29, 2004
Resolution 10, 2005
THE NORTH 2,586.49 FEET OF THE SOUTH 2,646.49 FEET OF THE WEST 50.OQ
FEET OF THE SOUTHWEST ONE-QUARTER OF SECTION 1, TOWNSHIP 42 SOUTH,
RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA.
CONTAINING 129,325 SQUARE FEET OR 2,969 ACRES, MORE OR LESS, SUBJECT
TO EASEMENTS RESTRICTIONS, RESERVATIONS, AND RIGHTS-OF-WAY OF
RECORD.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
�
Date Prepared: December 29, 2004
Resolution 10, 2005
PASSED AND ADOPTED this � 7''�' day of F�iR�- , 2005.
ATTEST:
BY:
Patricia Snider,
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
=
CITY OF P
BY:
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBERLEVY
COUNCILMEMBERVALECHE
EACH GARDENS, FLORIDA
n, Mayor
AYE NAY ABSENT
✓
✓
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✓
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\\PbgsfileWttorney�attorney_share\RESOLUTIONS\accepting conservation easement - reso 10 2005.doc
5
COUNCIL AGENDA COVER MEMO FOR FEBRUARY 17, 2005
�ITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
�.?ate Prepared. De�ember 27, 2004
Meetin.g Date: February 17, 2005
Resolution 10, 2005
Subj.ectlAgenda Item:
Reso,luYion 10, 2005:
Borland C�nter Flanned Unit Devel.opment Off Site Mitigatian for Preservation
Borland Center Plat Approval
Borland Center Ac�eptance of Deed
Adaption: A requesf by Don. Hearing, of Cotleur Hearing, agent for Borland Center/Pa1m Beach
Community Church; for approval to allow aff-site upland preserue mitigation for the Borland Center
Pla�ried Unit Development on a 4.63-acre site located on the north side of the Bee Line Highway,
opposite the North County Regional Airport.
[X] Recommen:dation to APPROVE with ¢ondrtions
[ ] Recommendat�a:n to DENY
Reviewed by: �� Ori�inating Dept.: FINANCE: N/A City Council.Action:
Plannin� &�onmg ' Growth Mana ement: [� Approved
Director
Talal M. Beno2hman, AIC . PrQject . Costs: $ N/A [ J App. w/ eonditions
(vtanager Total [ ] i�enied
City Attorney Kara Irwin [] Rec: approval
Christine Ta.tum Semior Planner
$ N/A [] Rec. app. w/ conds.
Developrrienf ��� ��� Gurtent FY [] Rea Denial
Compliance!y�d�-9� Actione [ ] Gonfinued to:
Bahareh Keshavarz-Woifs, [] Quasi-judicial Funding Source:
A[CP [ ] Legislative
Growth Iviana e' t [� public Hearing
Administcatn [ ] Operating
Charies K. Wu, AICP Adverffse�l: [X] Othcr N1A; Attachments:
Date:
� Res.otution 92, 2004
Pa er: • Management Plan
Ap'proved By: p . Resolution 10, 2005
Re uice Budgei ACCt:#s; �
R Id M. F rris �.� q � Co.nservation Easement
[-X ]Nat Required' N�A Agreement
• Borland Center Plat
C ty arr�ge � � Affected Parties: r gpeeial Warranty Deed
[ � Notificd
[X] Not fieqwired
Date Prepared:.December 27, 2004
(vleeting Date: February 17, 2005
Resolud6n 10, 2005
Page 2 of 5
BACI�GRO`UND
On August 5, 2004, tfie City Council adopted Ordinance 13, 2004 and Resolution 92, 2004, which
approved the development or�er for Borland Center Mixed-Use Planned Unit Development (PUID).
The master plan allows for the development of 64,533 square feet (SOQ-seat small theater, and 300-
seat banquet ha11, Sunday School and accessory facilities) for a cultural eenter and church facilities,
64,425 square feet for retail space, 19,950 square feet for restaurant space, 10,960 square feet for
office space, and 225 re�fal units.
The applicant is requesting approval for off-site upland preserve mitigation as provided for in the
developm�nt order, Resolution 92; 2004, approval for the Borland Center Plat and acceptance of the
right-of-way deed for Shady Lakes Drive.
LAND-U�E & ZONING
The Future Land Use Map of the City's Comprehensive Plan designates this property as Nlixed Use.
The applicant was granted a waiver to develop the proj ect as a non-resideritial 1Vlixed-tJse PUD by
the City Council.
The subject site's zoning classification is a Ivlixed Use Planned Unit Development (IviXD PUD)
Overlay as approved by Ordinance 13, 2004.
The proposed upland Preserve mitigation site has a zoning classification of Planned Development
Area (PDA) and a land-use designation of Rural Residential (R.R-10).
ADDITIONAL OPEN SPACE
As part of the approved project, the applicant was required to indicate that the site plan could support
preserving the entire 4.33 acres ofpreserve on site. However, the applicant was granted the option of
mitigating a total of 3.39 acres (78%) off-site.should lanrl become available in the future for such
rnitigation, The additional land designated "Additianal 4pen Space" was to account for the
difference in the amount of upland preserve until the off-si#e mitigation was fi�alitied arid recorded.
UPLAND PRESERVATIQN
The applicant is proposing to preserve 22% (0.94 acres) of the upland preserve set aside requirement
on-site, which is consistent with the approved development order, Resolution 92, 2004. The
applicant is mitigating the remaining 78%0 (3.39 acres) off—site at property along PGA Boulevard,
west of the C-18 Canal on a 4.6�-acre site.
Date Prepared: Decembet 27, 2004
Meeting Date: Februazy 17, 2005
Resolution 10, 2005
Page 3 of 5
CON��RVATIQN EASEIVIENT
The applicant is conveying the Conservat�on Easement to the City and has submitted a Management
Plan for the property covered by the easement. The applicant 'has provided the City with the
inforination that the South Florida Water Nlanagement District (SFWIvID) may purchase the properly
in the future, but maintain the conseirvaCion use �f the property, The Borland Center Planned Unit
Develppment (PUD) developm�rit oreler; Rasolution 92, 2004, provided a eondition of approval for
the payment of $250,000 to th� Ci�y in the event that the property is conveyed to the South Florida
water I�Ianagement DYStrict (SFWMD).
:CON�I"STENCY WITIi GOlVIPREHENSIVE PL�N
The following Comprehensive Plan policy allows for the mitig�tion of upland preservation off-site,
as requested by the applicarit:
Poticy 6.1.5.6. c"To ensur_e protection of environmentally sensitive areas and listed species, the City
shall implemerit the following criteria either in eombination or singly for-any proposed alteration of
lands designated as environmentally significant pursuant Comprehensive Plan policy 6.1.5.4:
1. The project design provides for the protection and preservation of Che mo:st valuable or
unique existing natural resources, listed species and environmentally signifcant lands on
site;
2. If no listed species have 1�een determined to exist ori the site or on-site preservation wouid
yield a preserve a"rea thaf is-less than the preferred minimum of'ten acres or unavoidable
impacts to wetlands oecur, ati alternative fortn of mit'igation acceptable to the City Council is
implemented;
3a. A minimum, 25% af upland native plant communities intact with canopy, understory and
groundcover (e.g. pine sand �crub, xeric. oak forest, hardwood hammz�ck, pine flatwoods) is
set aside as a preserve or;
3b. In eases of lots of less than 40 acres or where the quality of habitat on any size parcel does
not warrant preservation of upland h�bitat on-site, preservation of such habitat on-site is not
otherwise required by policy or ordinance, and upland habitat of equivalent type and area is
available elsewhere in the City, the developer shall preserve similar communities off-site,
provide monies for the acquisition of similar or better,quality native plant communities; or
restore similar plant eommuniti�s. Off-site preservati:on and restoration of communities may
be required at a greatei� ratio;
4a. �etland habitats are set-aside as preserves, and development is prohibited in wetlands except
under the following circumstances consistent with Treasure Coast Ragional Planning Council
Policy 6.6.1.1):
1) Such an activity is necessary to prevent or eliminate a pubiic hazard;
2) Such an activity would provide direct public benefit which would exceed those lost as a
result of the modification;
Date Prepazed: De�ember 27, 2004
Meeting Date: February 17, 2005
Rcsolution 10, 2005
Page 4 of 5
3) Such an activity is proposed for habitats in whieh the functions and values currently
provided are significantly less than those typically associated with sueh habitats and cannot
be reasonably restored;
4) Due to tl�e unique geometry af th� site, it is the unavoidable consequence of development
for uses whieh are appropriate given site characteristics, or;
4b. Wetlands shall be protected by a density transfer prograrn to upland areas. Where
developrr�ent occurs within wetlands, the developer must mitigate the function and value of
those wetlands. I�evelopment activities shall oecur at a densiCy of no more �han one dwelling
unit per f ve acres in the urban area and one dwelling unit per twenty acres in the rural area,
shall be clustered to the least environmentally sensitive portion of the site and shall include
design considerations to protect the wetland functions of the rest of the site. Consistent vvith
SFWMD regulations, a minimum 15-foot upland buffer composed af riative vegetation shall
be preserved or established around wetland areas.
5. For a s'ite on which listed which listed species are known or suspected to be present, one of
the follawing criteria shall be satisfied:
1) It shall be successfully demonstrated that the proposed land altera�tion/development
activity will not preclude the continued survival and viability of those listed species located
on. site; or
2} A plan for relocation, either on-site or off-site, for those listed species, shall be approved
by all appxopriate ageneies."
Approval of Resolution 92, 2004 provided for a waiver to allow upland mitigation off-site for the
Borland Center Planned Unit Development (PUD). Cunently, the applicant has: provided staff with
an application which includes a management plan for the proposed off-site mitigation site loeated on
the Bee Line I�ighway, opposite the Nozth County Regional Airport. and a copy of the executed
conservation easement.
The. proposed Management Plan has been reviewed and appr.oved by the City Forester, Mark
Hendrickson.
I'LAT
The City Engineer has reviewed the propased plat and determined that it rneets all the technical
requirements of the City's land De:velopment Regulations and Chapter 177, Florida Statutes. The
piat reflects an on-site preser�ation area of 0.957 acres, consistent with the off-sit� mitigation
conservation easement submitted by the applicant. The P1at also dedicates the right<af-way for
Shady Lakes Drive to the City and certain turn lanes to the Florida Dspartment o;f Txansportation
(FDOT).
RIGHT-QF-WAY DE�D,.ACGEPTANGE
Resolution 92, 2004 requires dedication of the Shady Lakes right-of-way and turn .laries described
Date Prepared: Deeember 27, 3004
Meeting Date: Fe6ruary l7, 2005
Resolution 10, 2005
Page 5 of 5
above. Additiorially, at the City's request, the applicant 11as submitted a special warranty deed
conveying the Shady Lakes right-of-way to the City.
STAFF RECOMMENDATION
Staff recommends approval' of Resol�tion 10, 2005 with' conditions, which approves tlie off-site
mitigation for Borland C�nter Planned Unit D�velopment (FUD�; the Borland Ceriter Plat, and
acceptance of the right-of way deed for Shady Lakes Drive.
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CITY ATTORNEY LETTER DATED JANUARY 13, 2009
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'I'It7?:Lf17. WI3IT�
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Ai"1'U12iwIiiYS r�1'I.AW
l I l I Iiypolu�:a ltoad, Suite 207
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TFL��COP1�,R (56I)SS<-961t
* Siat� C�rtifizd Cmuity artct
Circuit Coizrt Mc:diutar
^ l3t�ard Cestified iiz C.ity, C;oixir#y an�I L-ocal Government L¢w
N.CT�Yt:UR.��TS�UN�
T+D: Rou Fcrris, C.ity M�.n.ager
Mayor, Vic�e Mayor an�i City
F:RQ1��: R. Max Lahin�n, Esq.
I3AT { � J�anuary 13, 20i79
�tE: Garde�ls Static�n �nd Borland �Ce�ter C}f�=site mitiga:�rc�n for u�land �reserve
B�t�� the I3orland C�n�er 1'UL3 and t}�e Garde.ns S�atz�z7. PUD were allowecl to meet t}�e Cit��'s �re�erve
ar. �a requirement� using off site miti�;atian with a perpeival cc�nservation easement. i�urin� the
a��roval prflccss for each �'UD, co�ditiUns of approval �uere iri��os�d w�ich req�iired that each.
res�ective applicant, as �vell as their successors and �ssi�ns, pay a certair� sum of inoney to the City in
t�e event that the prc�perties upon which the eo�s�rvation easements had t�een grauted were sold tU
South Florida W�.tcr Ma.nagement District ox any other. eniity. You have asked me whetker these
cr�nc�itions are enforc�able anci if sa, by what ���etliocls they might be enfc�rceci. Accordingly, I affer
the follawing:
�30RLAl�1D CENrI'ERPUD
f. Th_e Borland Genter praper�y was r�zan�d I��IPU� (�y Ordinan�e 13, 2(}04 with cc��diiions
of approv�l bein�; imple�ented by R�saluti�n 92, 2004, �learin�s aa t:�� Borlancl Center were
cQntinued severa.l times �vith Borland b�zng di�cu�sed at a tatal oi five (5) City Cou�cil
meeti.ngs. The first Council meetin� was held on May 5, 2�04 aud ilnal. a��raval was �;ranted
on August S, 2i7C14.
2. Sectzor� 7'8-25(� �f th� G�ity Code of C3rd'zuances set� fortb the City's pr�se�e area 1°ec�uirement�.
Nor�aliy, t�ae�ty fi�� pereent (2S°loi of �zx�iran�neutally si�n��cani iauds n�.ust be s�t aside as
�reserve fc�r a�1� �evelo�menf. I-�a�vever, in accordanc� with S�cticsn 78-252, �lternative �orrns
of m`rtz�atic�� may �e approved �y f.h� �ity Council in orde�' ta satisfy �he City's �reservatiou
rac�uir.emerxts.
3. Three alternative methods are �ern�issible: (1) �£f-site i�itigatzan; {2� Paynlent i�� lieu of
preservation; and (3) Environmental zestar�tion or creation. Borland proposed ta satisfq their
Borland Center and Gardens Station
Off-site illitigation
Page 2 of 5
preservation requireinent by preserving a small portion of land on-site with a majority of theu
preservation area located off-site. The City Council approved this optiori with the adoption of
Resolutian 92, 20Q4, on August 5, 2004.
4. Cozldition #40 of Resalution 92, 2004, permitted Borland to provide up to 3.39 of the required
4.33 acres of uplaud preserve are�, off-site, with the pra}�ased lacation of the off-site preserve
area subject to City Council approval.
5. Condition #41 of Resolution 92, 2004 rea�is as follaws;
In the event t�iat off-site mitigatio� is provided through a coriservation easemeni
and the underlyi.ng property is conveyed to the South Flarida Water Managemeni
District or other entity, the petitioner, successors, and assigns shall be responsi.ble
for paying the City $250,000 for money in l.ieu af of�=site mitigation within ninety
(30} days of the sale date. The petitioner shall, prior to the issuance of the f.irst
building permit, post a bond or other surety acceptabie to the City to secure this
obligation.
6. At the �ugust S, 2004 City Council meetuig, Attorney Ray Royce (attorney foi- Borland)
requested clarification regarding the langctage contained in Condition #41. Specifically, he
requested clarification and assurances from the City Council ihai if the underlying property was
sold to SFWMD tk�.at the City �voulei iiot receive the maney if the eonservation easement
remaiued 'zn place. Then City Planner, Ms. Kara Irwin, explained that S�`WMD normally
would n.ot accept easements over their property; therefore, as a conditzon of purchase it was
lii�ely that the City wauld be asked to release its e�sament. Ms. Trwin also stated that the
language contained in Condition #41 was agreed to by Borland's agents in the weeks leading
up to the Au�ust 5`h hearing. Attorney Royce said that he was satisfied ancl bath Ordinance 34,
2004 and Resolution 92, 2004 were adopted by separate and unazuniaus votes (Jablin, Levy an.d
Delgacio being the only three cauncil members present).
7. Six months later at the Febzuary 18, 2005, Ciiy Gauncil meeting Resolution 10, 2005 was
considered for adoption. Resolution 10, 2005 containad the specific locat.ion of Borland's off-
site preserve area in accordan�ce with Condition #40 af Resolution 92, 20D�. After the motion
to adopt the Resaluti.on was made and seconded, Council member L�vy staied, "I think we
need to realize thou�h, is what we are approvin.� here is cash in lieu of preservation." That
co.mment sparked the following exchange:
Mayar Jabli.n then stated, "No, no, no,"
�ity Attorney Christine 'I'atum, "�Ve are sti�Z going to �ave the easement."
�ice-Mayor Russo, "It is my understanding that we hava gotten the easement and that
South Florida is goi�ng tn honor i�at easement."
fittorney Tatu�i, "We are �oing to have the easement and t1�e cash."
I3orland Center and Gardens Station
Oif-site m'itig�tion
Page 3 uf 5
Mayor Jablin, "Yes, both...both, this is not cash in lieu of, it's both.. , only if it's sold to
South Florida Water Managam.ent."
Vice-Mayor Russo, "And you also need to understar�d when this was originally done
that is not what we thought but we put that there and we cau't go back aud xedesign the
whole project."
Mayor Jablin., "We put that conditian in, in case of."
It is iinportant to nate that Attorney Royce was still present �t the hearing, standing at the
I�odium and he did not contest or �ttempt to eorrect the conlments o� the Council members
regarding the requireinents of Conciition #41. Resolution 10, 2005 passed unanimously (Tablin,
Russo, Levy, Delgado and V�leche).
8, On January 8, 2008, Parcel Control Number 52-41-42-01-000-3010 was sold to SFWMD. This
property contained tlze Gity's conservation easemezit fox the Borland Center's ofl=site
mitigation. Based on the foregoing, the terms af Coudition #41 of Resolution �2, 2004 �nd the
Ciiy Council's iritent regarding tbe imposition of Condition #41 are clea.r. The City Council's
intent by ixnposing Condition #41 was that if the easement property �vere sold to SFWNID the
City would receive $250,OQ0, whether the easement remained in place or nat. The Borland
Center PUD is in viol.ation af their development order.
GRrdeus Station YlTl7
9. The Gardens Station property �was rezoned MXD/PUD by Orduiance 43, 20U4 with con.ditions
of ap�roval being implemented by Resolution 217, 2404. Gardens Staiion was discussed at a
total �f tl�ree (3) City Council meetings. T1�e first Council meeting was held on N�veinber 1$,
2004 and final appraval was granted on December 16, 2004.
10, As with the F3ozland Center, Gardens Statian sou�ht permission from City Council to utili.ze
aff-site miti�ation. The City Council approved this option with the adoption of Resolution 217,
2�04 onDecember 16, 2004.
11. Conditian #29 ofResolution 217, 2004 read as follows:
In the event that off-site mitigation for at Ieast 1,5 acres is provicied through a
canservation easement and the underlying property is sold to the South Flarida
Water Management District or ather entity, the petitioner, successors, or assi�ns
shall be responsible for paying the City $110,OQQ for rnoney in lieu af off-siie
mitigation within ninety (90) da�s af the sale date.
12. At the December 16, 2004 City Council meeting, then City Planner, Ms. Autumn Sarrow, made
an abbreviated presentation and specifically noted that Condition #29 had been added to
Resolutio� 2�7, 2QQ4. She then read �andiiion #29 into tke record. Mr. Danaldson Hearing,
agen� for the Petitioner, made a very brief presentation regarding the off-site mitigation and
dis�layed a single slide regarding o£f-site mitigation. Mr. Hearing; stated that the Petitioner
Borland Center ar�d Gardens Station
Off sita mitigation
Page 4 of 5
h�d an obligation to provide 1.0� acres off-site and that Petiti�ner was providing ].62 acres of
Off-site mitigatian. The proposed location for the off-site conservation easement was to be
lacated adjacent to the off-site conservation area for ponald Ross Village. He acknowledged
Ms. Sarrow's comments regazding Conditian #29 and invited questions irom the Cauncil.
There were no questions from the City Council regarding Condition #29 an�i there was r�o
further comineni from Mr. Hearing regarding Condztion #29. Both Ordinance 43, 2004 and
ResoluLion Z1Z, 20Q4 were adapted by separate an�l unanimous vates (Jablin, Russo, Levy,
Delgado and Clark).
13. Ap�roximately seven. months later, ai the July 7, 2005 City Cauncil. meeting, Resalution 87,
2005 was considered far adoption. Resolution 87, 2005 proposed the speeitic lacation of
Gardens Station's off-site preserve area in accordance �ith Conditian #29 of Resolution 217,
2004. Mr. Hearing was present and did ma1�e a presentation at tl�is hearing, which addressed
the speciiic lacation of the off-site mitigatian conservation easement. �ollowing his
pr.esentation Council mernber Levy as.ked a question that pxec.ipztated the fo]lowing exchange:
Council member Levy, "Is this tract in the aren tihat the South Florida Water
Managemeni District is planning on purchasing? And if it is purchased �what wi11 end
up happening with tl�e mitigation?"
Mr. Hearing, "Let me answe� the question. First, this site is being considered by South
Florida Water Managament District for acquisition. In the event that it is acquired by
South rlorida, the City gets...it will remain in consearvaiion purpases and the City gets
reim:bursed $110,000, which is the same dollar amount as all ihe projects as far as per
acre price."
Council member Levy, "O�ay"
Mayor Russo, "Are there any other questions af tha Patitioner, any other questions of
stiaff'? Anyone here wishing ta speak for or against this ordinanca now's the time aud
place. Seeing nane I'm going to close the public hearing and bring it back to Council
for• a motion."
14, The Resolutio� was
B �.rnett).
then �dopted by a unanimous vote. (Russo, 7ablin, Levy, Valeche and
15„ On January 8, 20a8, Paarcel Control Number 52-41-42-01-000-30I0 was sold to ST'WMD. This
prflperty contained the City's conseruation easement far the Gardens ,Station's off-site
mitigation, Based on the foregoing, the terms of Condition #29 of Resolution 217, 2004 and
tb� Crty Cauncil's intent regarding the imposition of Condition #�9 are clear. Th.e City
�ouncil's intent by imposing Condition #29 was that if the easement property were sold to
SFWMD the City would receive $110,000, whether the easement remained in place or not.
The Gardens Station PIJ17 is in violaiion oftheir development order.
i�orland Center a��d Gardens Statior�
(�ff site miiigaiion
�a�;e S c�f 5
Cc�llec�i�n IYlet�oc3s
IG. It is im�rn�ta�i tg nc�t� t.hat neither Gardens Statia� n�r I3c�rland Cenier �ppeaied �1�ei�
c�eveit�pment t�rders, If tl�ey were uncl��.r as tc� the rnea�tiug c�f a pa.tticul�r coudit"roti oi
apprc�val they cert�inty c�G�iti have a.��»�led the orders bui they did not. Each pr�ject's
development order is a final arder.
17. BQth propeity ov;�ners m�i�itain they dc� not. otiue �he mon�y sincc th� conservation easements
reznaiti iri pl�ce. Ha�vever, gi:ve�� ihe �l�c�ve cited histary ax�d t.lze �al.ain. i.arngua�e ot th.e
conditia�s c��' ap��raval, we believe bath prfljects do owe the City thc mo�ey refereirced in the
respective conditions.
I.8, This office strQ���;1y r�caLnme�cis zrre�tin� wii�i tlae prop�rty ow��rs iYi �n atite��ti ta resolve this
inatter amica.bly. N.c�weve.r, if a resc�lution carinat bc achieved tlie C.ity may have to pursue its
legal remedies. F,ach pr�ject as na�v i.n vial�tion of its conditions c>f �����rc�va.i. In acca.rdance
with Sectioz�s 78-742 and 78-7�3 of t�ie Cit�� C:ode ai Ordir�a.nc�s, f�.ilure to c�mply witl�
cr�r�di�ic�n� of �p��rov�l af a�leveIop�uent +arder 'rs a viola�.ici�i pf �he eode anci eacl� da� the
vi.olatifln cc�i�tin��es is cansiciered a separate oii'ense, T.t�e.re�'�re, the City may pursue cc�de
et�fai�ceiz�e�t actio�l iiz order to enforce th� canditioi�s c�t a�proval.. l�.ddrtic�nally, zio �r.�ild'zn�
�er��ifs or certificates c�f occ�xpancy m.�y l�e issu.ed far ei�er }�rr�je�.t w}�ile th�y remain in
violaiion. If litigatzQn t�ecomes �ee�ss�r�7 we t�e.li.eve the City's pr�siti�n is strong; ho��raver, �.�
tivith all I�t�gati�ar�, �v� canz�c�t guar�.n�e� �uy p�trticula� ouicr��ae.
Shc�uic� additic�nal i�fori�atic�n. andlor re�earc}z t�e ciesired, pleas� advis�.
Y;ldocslPaLn AeacIi GardesuU.etkecs &MemGS1+�tT �S1ts hlitigntiwtM.e�nq-Fe�cis=2UR9alou
LETTER FROM THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (SFWMD) DATED JULY 10, 2009
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
July 10, 2009
Mr. Ranatd M. Ferris
City Manager
City of Palm 8each Gardens
105Q0 N. Military Trail
Paim Beach Gardens, FL 33418
Subject: Tract DA-1d0-019 on Beeiine Wighway North of PGA Baulevard
Dear Mr. Fems:
This tetter is written as a follow up ta our me+eting af Wecinesday, May 20, 2009, with Palm
Beach Community Church during which we discussed the ap�xoximately 254 acre parc�) the
South Florida Water Management District (District) purc#�ased on J�nuary 9p, 2008, which is
located on the east side of the Beeiine Highway just north of PGA Bou�e�ard. The District's
purct�ase included three parcels th�t are sncumbered with an overtying conservation easemer�t
in favar of the City. While the District has purchased the underlying Fe,s Simpie ownership, ihe
conservation easement and al! the associated rights remain in fulf effect and fuil cantrol of #he
City.
When the t7istric# purchased the enfire 254 acres, ihe vatus of the 4.62 acres averlain by the
canservation easement secured by Palm Beach Comrnunity Church in favor of the City oi Palm
Beach Gard�ns was substantially discounted to reflect the limited use of the lands due to the
existence af the easement. I wish ta stress again that a![ the City's �ights as ariginally agr�ed td
in the canseroation easement langu�ge with the City remain in place far the benefit of the City.
Currently, the Disfrict's 254 acre tract is under a 50 year lease #o Palm 8each County. Und�r
the lease Agreement, the Caunty has twn years ta deve(ap a Mar�ag�ment Plan. The Caunty
will manage #he iarge trac# and the Pa(m Beach Community Church will continue its obligation
for maintenance under their Management Plan. As discussed at the mesting, the District would
suggest that the City be invalved in the preparation of the Management Plan for the entire
approximately 254 acre parcel. Such involvement woutd provide an oppprtunity to ensure that
the City's thoughts �re heard. To t#�at end, t wauld suggest that the city contact Mr. David
Gillings of Pa1m Beach County D�RM at 561-233-2477.
VVE�en Palm Beach Community Church secured the canservation easement on ihe 4.62 acres it
was expected by all parties t� be a permanent conservation area. Nothing has changed that
fact. As a result of the Qistrict's acquisi#ion of the surrounding acreage, tt�e entire are� has now
become part of the jaint 'federaVstate GompreF�ensive Everglades Restaration Praject. As_ _
discussed with the City previously, once the District receives creclit fram the Unitecf States Army
Corps af �ngineers for the purchase af the 25�L acre tract, the District would r�at object to an
overall change in ihe underiying iand use from the curne�# �i�290 and commerciaE designation to
conservation. However, it is very impartant that until the Diskric# receives credit for its land
purchase, the present land use remains in place.
3301 Gun Club Road, West Palm Beach, Florida 33406 �(561) 686-&800 • FL WATS 1-$00-432-2045
Mailing Address: P.O. Box 2�168Q, West Palm Beacll, FL 33416-468Q • wwwsfwmd.gov
BORLAND CENTER LOCATION MAP
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F'WMlap Prqec6�PBCC`➢BCC_Mit_060301.mW NAE O60}04
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Location Map
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1934 Commerce Lane
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Borland Center Off-site Mitigation Site — General Location Map
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Cit of Pal m Beach Gardens
v
Planning, Zoning and Appeals Board
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September 8, 2009
Temple Beth David
CUMJ-08-09-000015
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Master Plan approved by Palm Beach County in 1982
An nexed i nto the C ity i n 1988
Received approval to expand Conditional Use in 1997
• Zoning and Future Land Use designation of Residential
High (RH)
.
Received Traffic Concurrency from PBC in 2001 for a
30,095 synagogue
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• Section 78-159 allows Places of Worship as a Major Conditional Use (CU) in
any residential zoning district
• Proposed uses are consistent with those listed in Section 78-159 note 49
(Places of Worship)
— Assembly Halls or Large meeting rooms
— Offices for administrative purposes
• The applicant has sufficiently met the CU criteria as listed in Section 78-52 of
the code.
— Expansion has been screened and buffered properly
— Visual impact is minimal
— No adverse environmental impacts
— Compatible with adjacent developments
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Staff recommends approval of petition CUMJ-08-09-000015
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Re uest For Deve o ment Or er
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Amen ment
September 8, 2009
Planning & Zoning Board Public Hearing
P U DA 09-06-000021
Landscape Architects . Planners . Environmental Consultants
�The Borland Center was approved on August 5, zoo4 by way of
Resolution 9z,zooq..
�Condition 4� of the resolution provided a provision to allow for off-
site upland preservation subject to future approval by the City
Council.
�The City Council Approved the off site mitigation proposal on
February �8, zoo5 by way of Resolution �o, zoo5.
�PBCC has satisfied all required "Upland Preserve" requirements
and has been monitoring and maintaining the offsite preserve for 4
years.
�All rights and environmental benefits related to the off-site upland
preserve remain in full effect today.
�
otleur &
�
earing
�Condition q.� of Resolution 9z, zooq.:
�In the event the off site mitigation is provided
through a conservation easement and the
underlyingfee is conveyed to the SFWMD or
other entity the petitioner shall be responsible
forpayingthe City $z5o,000.0o formoney in
lieu of off site mitigation........
�"for money in lieu of off site mitigation"... ... ..
. .
�
otleur &
�
earing
i�Condition q.� of Resolution 9z, Zooq.: Intent?
�It was never the intent that the City would get both
the Conservation Easement (the mitigation) and the
Money ( The cash in lieu of off site mitigation).
� Every right granted to the City by way the
Conservation Easement remains in effect today and will
remain in effect for perpetuitv.
+�While the Underlying fee owner has changed the
ri�hts and benefits remain unchanged
. .
�
otleur &
�
earing
�Palm Beach Community Church is requesting
modification to Condition q.� to clarify the language to
be consistent with the original intent.
�The language of the condition is not consistent with the
original intent.
�It was and is a bad condition, thus we are requesting the City to
do the right thing to modify the condition and to eliminate this
punitive and unfair condition.
. .
�
otleur &
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earing
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1 inch equals daa ieeE '
w•r. �.�. .«N
� —
� _ i_ P rP � P rvP
�After the May approval for DRV, the SFWMD expressed
interest in purchasing the z5o Acre PBA parcel.
+�There were issues overthe language of the
Conservation Easement (CE) to the extent that the seller,
(PBA)was concerned that SFWMD would not purchase
the property with the CE in place.
+��To address this concern the applicant proposed a
provision that would allow the CE to be released
(purchased back)for$z5o,000.00
�Hence "Money in Lieu of Off Site Mitigation.
� : otleur &
�
�
earing
� Durin the 8.5.zooq. public hearin Kara
g g
Irwin stated " SFWM D does not want
anyone havin an easement over their
g
property"... so what the a reement said...
g
that once that the property is sold to SF, we
would eta checkfor$z5o,000 and we
g
would release the easement.
.
c�►tleur &
� �
�
earing
�Condition 4� of Resolution 9z, zoo4: Intent?
�It was never the intent that the City would get both the
Conservation Easement (the mitigation) and the Money. (The cash in
lieu of off site mitigation).
�Yes it was likely that if SFWMD required the released as a condition
ofthe purchasethatthe Citywould benefitfrom the public
acquisition and the money thus in essence having both.
�The deal with SFWMD was put off and the property owner pursued
an Industrial FLU Amendment from the City.
+�In zoo7 SFWMD again expressed the desire to purchase the
property. The easements were in place and SFWMD made to
decision to acquire the property subject the Citv's ri hts!
�The Cit 's Ri hts have not chan ed.
y
�
otleur &
�
earing
�
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1 1
Pairr� Beach Acquisitiorrs, LL+C, Lcrxahatc�ee S�our�h
South Flc�rida Wa't�er Manaqe�ment District _
SALES CbMPARl5C7N APPRUACH (Continued�.
'�lilest Parc�l --_Wes�ernmost '� 7.71 D Acres. �En�umberedj
The w�esternmos� 13 .71 � acres is enc�amk��red t�y tf�ree restrictiWe cor�seivation
�asements 1�ea�ing littie uselvalue to the r�mainir�g tee int�rest. As pr�viat�sly discussed
unde� hig�est ar�d best �rse�, this parcel �as ar�ly a rrominai valr�e sira�e alrnast ali riqhts
w�er� transferred �o the easement owner �City of Pad� geach Garder�s} wit�i ongaing
monitvri�rg and maintenance the r�sporasib��ity ai the mitigated �rc�Ject. and . ncr� the
underiying �andvwner. 5o�i'� Florida land sales er�cumk�ered with canservatiar�
easemer�ts having somewhat similar iimi�a�io�s ha�e occurr�d in th� $'i43 ta $2,�Da per
�cre �ang�. The rar�ge in prices paid refl�cts the degre� o� restriction an the underlying
fee o^wner. These sales are al! la�rger �g�i�ult�ral tracts that retair�ed Eimited
agrica�fturaflrecr.�atic�naf �ses w�tf� tY�e exception of the saf� at $143 per a�cre, whic� h�d
recre�tion�l uses an�y. Therefor�, i� is vur o�ir�iQn e ..ng f�ee interes# �r� the
su�ject 1i.�'!0 �cres ha� oniy a r�orr�inal Wal�e o$�,�}dD p�r acr ; give� the restr€c#ive _
nature o� the existing cor�se�vation easements e cumbering th r�per�y. The r�aiue of
this parcel is calcUlated as fo��ows:
�°u'ESTERNM�ST i'1.71D ACRES �enc�m�ered �ay Cons�rtiratian Easerr�ent�}:
'� 1.i10 acres at $1,(��Q per acre =
.
� / /
�■wT�
$�1 �,71�
- ��:� -
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�r• � �
a�,."y
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,.v -.,✓�:;;
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, �� .. ' . , , . � �;4
"�3 {� -.�=t �
w,.
ad
�i��'M�►�\�
/
sse a uE
�It was late during the night of the August 5,
zooq. Public Hearing. Raymond Royce,
representing the Borland Center expressed
concerns with the poor wording of the
condition language. Mayor �ablin states:
+�"Mr Royce, I am going to ask you to trust us
here"...
�Tonight we are trusting you to do the right
thing,thefairthing.
.
�
otleur �
�
earing
�The literal interpretation of condition q.� is a
si nificant hardship to Palm Beach Community
g
Church.
�Donald Ross Villa e DRV , a private for profit
g
development was ranted approval for off site
g
upland preservation at the same site location in
May of zooq..
�The DRV condition did not have the same
punitive condition lan ua e.
g g
.
�
otleur &
�
earing
+��The benefits ofthe of the upland preserve to the
residents of Palm Beach Gardens remain.
+� No rights have been lost, No Ecologic Values have
been lost, The City has lost nothing.
+� Penalizing PBCC is not fair as there is no rational
nexus to the $z5o,000 payment and the requirements
of the �and Development Code (aka DRV).
�Condition 4� is a poorly worded / bad condition. We
are asking you modify the condition to delete the
requirement for paying twice for the same mitigation.
.
�
otleur &
�
earing
�Staff has suggested an alternative to place a lien of
the PBCC Property. This too would be very significant
burden and is not possible due to existing loan
covenants.
I�We would like propose another alternative.
� PBCC will agree to provide an additional .z5 acres of
mitigation some time in the future when the vacant
area of the is developed.
�We believe this is a reasonable compromise and
request your support this evening.
� : otleur &
�
�
earing
e a re a to a n swe r
an uestions ou ma
��l��r�
r
��r1r�,�
ave.
�� r l--.�
�
� �
, .:, �y
i; �
4�. �'
t 4��
i '}� -
���"^.h��J.:'� . .
Cit of Pal m Beach Gardens
y
Palm Beach Communit Church
y
Borlan d Cen ter
PUD Amendment Re uest
a
Petition: PUDA-09-06-000021
Planning, Zoning & Appeals Board
September 8, 2009
■
u ec e ues
• Deletion of Cond ition #41 of Resol ution 92,
2004 re ardin a ment of $250,000 to Cit
g gp y Y
upon conveyance of off-site mitigation site to
another entity
.
■ ■
on � �on an ua e
Condition #41 states:
•"In the event that off-site mitigation is provided
through a conservation easement and the
underlying property is conveyed to
Florida Water Management District
the South
or other entity,
the petitioner, successors, and assigns shall be
responsible for paying the City $250,000 for
money in lieu of off-site mitigation within 90 days
of the sale date...."
■ ■
e erminin n en
• The public record indicates:
— Precisely crafted condition language
— Acceptance of the condition by the applicant
— Confusion regarding the intent of the condition
by Council members and the applicant
■
a ers o ro ec �on
• The Conservation Easement remains in place
• The Preserve Area Management Plan remains in effect
• SFWMD has indicated that the City will be involved in
preparing the overall management plan for entire 257
acres
• SFWMD intends to use the site as part of the
Comprehensive Everglades Restoration Plan
• The land use designation can be amended to Conservation
(CON) once SFWMD receives credit for its land purchase
#!
�T
���-.s.��� �..����
�!�'� Y r , Aa_ -: �i����
Staff Recommendation
•�i
• Staff recommends denial of the Palm Beach
Community Church (Borland Center) request to
delete Condition #41.
• However, staff recommends a revised condition
that would still obligate the payment of $250,000
through a Certificate of Indebtedness
- Delays payment until sale or development of the
undeveloped portion of the Borland Center site.
. �
ues �ons.
■ ■ ■
er a � m on � �on an ua e
• Cond ition #41:
•"In the event that off-site mitigation is provided through a
conservation easement and the underlying property is
conveyed to the South Florida Water Management District
or other entity, the petitioner, successors, and assigns shall
be responsible for paying the City $250,000 for money in
lieu of off-site mitigation within 90 days of the sale date.
The petitioner shall, prior to issuance of the first building
permit, post a bond or other surety acceptable to the City
to secu re th is obl igation ."
Bc�rland Center Location Map
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88 M�MC}RANDUM OF Vt�TiNG C+0►N�LIGT F4R
Mi�IV�C�PAL. Ah�D �THER L+�CAL PUBLIG ��r�lCERS
�IIIHrI f \•tMl�
! w�L.G�C �!
11�1,IE0!ti �►HI['H �'c)[FIM'L'�'kKF[7
S� �r-�� Sr' '7.-,.
(-fli'
�,��F Uh HU�illl. ('illih('i{ . l'UM MItiti14\_ AU T All)K fl Y. UH f'�MM.fITl1.E
��',Cn,�n�� N -' � � �� /'
i H( HfInHl1, COl Y('[[, t'f)M!WI. tilC)Tv. A HURf 1 cllt, COh.IMf7TEE Oh
wllll Ii i tiER�'E 11 �1 l�Vll pf
e� cnti� p�ou�vz� p O1 HEFi l OCAI. A(:E�cY
y+lME OF' LIT�CAI SU p1�15f(1N
J.�; h� ����y��j C��'�'c�1�'�1
MY I'OSfTION ti
o E�ee-riv� ,� �pwoi�r��E
WHO MUST FiLE FORNI a6
T'�iis form is for use 6}� am� person scn ing �i the cau�ty, city, ar othcr local le�.�rl of go��ernrntnl on an �ppointrd qr clectet# board,
co�ancil, commission, authcrrity, or �o�nmittee, It appEits rquaily� to m�mbers af ad4•isory and n+on-advisory bQdi�s �ha are �psesent�d
��•ith a�•atin¢ `ontlict flf inier�s� under Sert�on 112.3i�33, Flarida Sta�utcs.
Youc rtspo�sii�ilities under t�►e ta+v v�hen faced with a measure in w�hich vou hati�e a con�ict of interest ►►-ill wan• grcatly depen�ing
oa N�htther yau hoEd ar� ele�ii��r ur appointiL-t posation. Ftir this rcason, piease pay close actention [�r [he inscructions on this form
before `ompleting ,he rt�trse side and Ciline [h� farm.
lNST�tUGTt4NS FOR COMPLIANGE WIiH SEC�ION 1�2.3143, FLQRIDA STATUTES
ELECTED O�'F[CERS:
.� person hoEdinL cl���i�e �c�unc�, muniripai, or olh�r la�al public offi�c �1l.:ST .�BST.-�1t �'rom �.otin� on a m�asure whi�ch inures
to his speeial priLar� zain. �a�h lol�l af�icer aEso is prat�ibitec! from kna�tin¢Iti• �oting c�n a measure .�hi�h inuces to the spccial
eain ot s prin�ipa[ ��a+hcr than a go�zrnmenc �gzA.:� ) b� � hort hr is rr�ainrd.
[n tithtr cas�. ��ou should dis4last the canFliet:
PRlOR T(3 �HE '��(�TE B�]tiG T,-��E� bti �aubli�lti ;�airn� �o thc a1;�r�tb�}- tht n�ture c�f �our v�aierz;c in the measure on ,
�� hi�:h ��vu are akastainine from totine; anct' !
u'iTHIN l5 DAYS �FT�R �H� VpTE OCCURS by c;ompieting and fling this fQrm �i�h �he persdn respc>nsible for rccording �
thc minutes nf the mee[ing, who shvu�d incnrporate che fbrm in the minUles.
.�PPOIVTE[) O�FICERS:
,a ptrson hoading appuinci�r �ouncy, mun�ctpal, o� other lo�a! pubii� affi�� '�IUST ASST�IN from .otinQ on a mzasure which
inures co hi� Spec�nl pri�a[e gain_ �ach loca� oF�cer also is prohibitcd from knowingl�� +ai�ne on a measure «hich in�rres to [he
speciat 3ain of a prin�ipal {othrr than a governmen� agency) by uhom hr is re�air�ed.
A person halding an appointive locaf oFfiec cstherwise may participate in a matccr in which he h�s a eanfiice af in[erest, but must
Ci95CtO5Z [tlt na[ur� of the conlli�i t�cfare makine an} a�temp� io inlluer��e the d«:ision b� or�C or �� ri�ten communica�ion, whethtt
made by the a!'fi�er or at his direction.
1F YC3U INTE,�D T4 :�I.�hE .�NY ,�i`T'Ew1PT �i0 IivFLUEJ�tC� THE DECI510N PRlOR TO THE y[EEi'1NG �,� VS'HICH
THE �rOTE �'1LL SE TA,K��I:
• You shouid campl�ce and fil� chis form (beCare making any actcrnpi co in�luence��hc detisronl �►�ith �ht ptr5un responsibRe fo�
rtcprdin� the rninutes tsf the mceting, wt�o will in�orpar�te thr fvrrs� in �he minutes.
• A �opy of thc form rh�ul�l �a� pr�vided imrnedi�rr[y ta the athcr rracmhers of ch� agenty.
lF ti'OU ,4iAKE NO ATTEMPT i'O [NF[.U�NC� TH� D�CIS[�N EXCEPT 8Y DiSCUSSiON AT THE MEE�ING:
• You shoulcf disclosc oraliy thc natu�c af your co�fls+ct in the mcasure before pariicipa�ing.
• You ch4uld campie�e the form and file it within I S dgys aitcr tt�� vocc cx�urs wiEh th� pers�n res�r�sible far rccarciing'che minuta
of thc mee�ing, wfiio should incorporaic the form in the m�nutcs.
�
DISGLOSURE Qf L�CAL OFfICER'S INTEREST
, �
I, �� r , hcreby disclosc that or� �.5���- sd` .,1�' f� .
(a1 A rneasure came or will corne before my agency w�ich {cf�eck one}
inurrc! to m�• s�c�ial pri���t� gain; or
inur�d [o �hz spe�ial gain of
('�? Thr rneasurc brfnre my agcncy and the naiure of my interest in thc measure is as folls�ws:
, by u hom l am retained.
' � � �1 /� r� (,( �'�°"�'�� r�
I'�,s�n,��2 0'� ����i� ��� (1r4 ✓r`� ; �4r✓�
�'�'�� U���-v�D a �r
�� �' `� ��^ u�,
r .. ,/
�.°' �r'i.�,
T �
Date Fiied ' -
S�aI�al �'�-�,,�, ���r .�N.l� �,� `� �r��2� �,.�
�
- .�
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� ��
5igna[ure
�10710E: UN�ER PROVIStONS OF FL(]RI�A S°CA�"ti�'ES $IE2.J17 (1985}, A FAILURE 1'O 41AKE ANY REiQUIRED
�lSCLOSL3RE CONSTITii7�5 GROI.aNDS FQR AND PY1AY BE PUCJISHED B'i� ONE �R �r1QR� QF THE FO'LLOW 1I�G:
IMP�ACH:4IENT, RE�1dVAL QR SUSPENSION FRO?4t OFFICE +QR EMPLQYyIENT, DEwtO`fION, REDU�FION �N
SAL.�,RY, REPRIM�ND, �R A CIVlL PE�N.aLTY �yl�T TO �`CC�E.D 55.400.
f'E F(]I1411i8 - CA1 PAGE 2
Please Print
Name: 4 � -`
�4ddr�ss:
C�MMENTS FR�M THE PUBLIC
Request to Addr�ss City Cvunc�l
�-� : �'`-�
�
City: ;
Sub�ect:
Members of the �ublic may address the Gity Council during th� "Comments by the Public"
portion af the agenda and tiuring "Public Hearings". This Reque�t #o Address the Ci#y
Councif must be delivered to the City Clerk priar to the cornmencemen# of the meeting.
The time limi# for each speaker is limited to thre� (3) m�nutes.