HomeMy WebLinkAboutAgenda Council Agenda 021507
City of Palm Beach Gardens
Council Agenda
February 15, 2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Barnett Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 15, 2007
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
a. Turnpike Report
b. Regional Center Traffic Report
c. Shady Lakes Blvd. Turn Radius
a. Lighting issue at Midtown (f.k.a. Borland)
b. Southhampton Landscaping
c. Cimarron Cove Status
d. Carlton Oaks/West Palm Beach/County re: Firehouse and Annexation
e. Downtown @ the Gardens
f. Marina Gardens
g. Auction
h. Evergreen Development Issue
i. Callery Judge
j. Palm Beach Gardens High School Construction Project
k. United States Post Office Kiosk
l. Bio 2007
m. Fairchild Gardens/Legacy Place
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Staff Report on Page 6, Resolution on Page 8) Resolution 13, 2007 - Purchase
of a Air Street Sweeper. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida awarding a contract for the purchase of one Schwarze
A7000 Regenerative Air Street Sweeper to Container Systems & Equipment
Company, Inc. via an existing contract with the Florida Sheriff’s Association,
Contract no. 06-14-0821; and providing an effective date.
b. (Staff Report on Page 16, Resolution on Page 19) Resolution 16, 2007 – PGA
Boulevard Flyover Towers. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida allocating Art Impact Fees for architectural enhancements
to the PGA Boulevard Flyover Towers, and Change Order No. 2 (final) with
Wendy M. Ross for the PGA Flyover Tower sculptures; and providing an
effective date.
c. (Staff Report on Page 42, Resolution on Page 44) Resolution 20, 2007 - Lease
award to Citicapital (Club Car). A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving a four (4) year lease agreement with
Citicapital, Inc. for golf carts from Club Car, Inc. via an existing agreement with
the Village of North Palm Beach dated October 23, 2006; authorizing the Mayor
and the City Clerk to execute said agreement; and providing an effective date.
d. (Staff Report on Page 98, Resolution on Page 100) Resolution 23, 2007 --
Appoint to the City’s Canvassing Board. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida appointing the Supervisor of Elections to the
City’s Canvassing Board and authorizing the Supervisor of Elections to act on the
City’s behalf; authorizing the City Clerk to appoint election officials for the
purpose of conducting the municipal election; and providing an effective date.
e. (Page 103) Proclamation – Step up Florida Day.
f. (Page 104) Proclamation – National Engineers Week.
IX. PUBLIC HEARINGS:
Part II – Non-Quasi-judicial
a. (Staff Report on Page 105, Ordinance on Page 108) Ordinance 3, 2007 – (2nd
Reading and adoption) Amendment to the General Employee Defined Benefit
Pension Plan. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to the General Employees’ Pension Plan (DB);
amending Section 3-126, Code of Ordinances entitled “Definitions”; amending
Section 3-127, Code of Ordinances entitled “Membership”; amending Section 3-
135, Code of Ordinances entitled “Optional Forms of Benefits”; amending
Section 3-140, Code of Ordinances entitled “Distribution of Benefits”; amending
Section 3-147, Code of Ordinances entitled “Direct Transfers of Eligible Rollover
Distributions’, providing for codification; and providing an effective date.
b. (Staff Report on Page 119, Ordinance on Page 124) Ordinance 5, 2007 – (1st
Reading) Amending Chart of Permitted Uses. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida related to permitted uses in the
Professional Office (PO) Zoning District; amending Section 78-159, Code of
Ordinances, entitled “Permitted Uses, Minor, and Major Conditional Uses, and
Prohibited Uses"; providing for codification; and providing an effective date.
Part I – Quasi-judicial
a. (Staff Report on Page 129, Resolution on Page 133) Resolution 12, 2007 -
Wall Signage for Lydian Bank and Trust. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving wall signage for Lydian Bank and
Trust within the City Centre Planned Unit Development (PUD), as more
particularly described herein; providing for two waivers; and providing an
effective date.
b. (Staff Report on Page 146, Ordinance on Page 174, Resolution on Page 177)
Ordinance 6, 2007 - (1st Reading) Divosta PGA/Turtle Beach PUD. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to rezoning; rezoning a parcel of land consisting of 1.01 acres, located on
the South side of PGA Boulevard, approximately 500 feet West of Military Trail
and East of PGA Commons Phase III, as described more particularly herein, from
Residential Medium (RM) to Planned Unit Development (PUD) overlay with an
underlying zoning of Professional Office (PO) to be known as the Divosta
PGA/Turtle Beach PUD; providing for revisions to the zoning district map; and
providing an effective date.
Resolution 17, 2007 is a companion item to Ordinance 6, 2007 and will
require Council action at second reading.
Resolution 17, 2007 - Divosta PGA/Turtle Beach PUD. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Divosta
PGA/Turtle Beach Planned Unit Development (PUD), which is located on the
South side of PGA Boulevard, approximately 500 feet West of Military Trail and
East of PGA Commons Phase III, to allow the development of 2,500 square feet
of financial institution with drive-through facilities and 2,650 square feet of office
use on an approximately 1.01-acre parcel, as described more particularly herein;
providing for waivers; providing for conditions of approval; and providing an
effective date.
c. (Staff Report on Page 186, Ordinance on Page 223, Resolution on Page 227)
Ordinance 7, 2007 – (1st reading) Gardens Commerce Center. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida relating to rezoning;
rezoning a parcel of land consisting of 4.45 acres, located on the West side of
Riverside Drive, East of Interstate 95, North of Plat 5, and approximately 300 feet
South of Burns Road, as described more particularly herein, from Light Industrial
(M-1A) to Planned Unit Development (PUD) overlay with an underlying zoning
of Light Industrial (M-1A) to be known as the Gardens Commerce Center PUD;
providing for revisions to the Zoning District Map; and providing an effective
date.
Resolution 18, 2007 is a companion item to Ordinance 7, 2007 and will
require Council action at second reading.
Resolution 18, 2007 – Gardens Commerce Center. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Gardens
Commerce Center Planned Unit Development (PUD) to allow the development of
three buildings consisting of 41,577 square feet of light industrial use and 27,718
square feet of accessory professional office use on a 4.45-acre parcel, as described
more particularly herein; providing for waivers; providing for conditions of
approval; and providing an effective date.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 237, Ordinance on Page 254) Ordinance 1, 2007 –
Updating the procedures and guidelines to the City Art in Public Places program.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to Art in Public Places to clarify and update the procedures and guidelines
applicable to the City’s Art in Public Places program; repealing Section 78-261,
Code of Ordinances entitled “Definitions”; Repealing Section 78-262, Code of
Ordinances entitled “Fee Imposed on Developments”; creating a new Section 78-
261, Code of Ordinances to be entitled “Art in Public Places Requirements”;
creating a new Section 78-262, Code of Ordinances to be entitled “Standards for
Artwork”; creating a new Section 78-263, Code of Ordinances to be entitled
“Waivers”; providing for codification; and providing an effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 5,2007
Meeting Date: February 15,2007
Resolution: 13,2007
SubjectIAgenda Item:
Purchase award to Container Systems & Equipment Company, Inc. for one (1)
Schwarze A7000 Regenerative Air Street Sweeper via an existing contract with the
Florida Sheriffs Association (06-14-0821).
[x] Recommendation to APPROVE 1 ] Recommendation to DENY
Reviewed by:
CltyAtt & ey
Community senrices
Administrator
Department
Administrator
Approved by:
L
City Manager
Originating Dept.:
Mkhrd Morrow
Opentionr Director
Public Works w-
Advertised: N/A
Date:
Paper:
[ x ] Not Required
Affected parties
[ ]Notified
[ x ] Not required
Costs: $ 153,665
(Total)
$ 153.665
Current FY
Funding Source: NIA
[ ]Operating
[ x ] Other
Budget Acct.#:
1 03-3000-539.6400
Council Action:
[ ppproved wl
conditions
[ ]Denied
[ ] Continued to:
Attachments:
Resolution 13,2007
Exhibit A:: FSA Bid
Award ( 06-14-0821 )
Exhibit 8: Vehicle
Specifications and Cost
[ ]None
Date Prepared: January 5,2007
Meeting Date: February 15, 2007
Resolution: 13, 2007
BACKGROUND :
The City’s Fleet Committee, which is comprised of one (1) representative from each
department, has reviewed an equipment request submitted by the Public Works
Division and recommends the purchase of one (1) street sweeper. With this purchase,
the division will be able to enhance street sweeping frequencies for all streets citywide.
By enhancing the Public Works Division capacity to capture more dirt and debris from
the roadways, it increases stormwater drainage capabilities keeping pipelines less
congested. Ultimately, by decreasing the amount of debris in the stormwater system it
improves water conveyance.
Public Works conducts street sweeping activities in accordance with the National
Pollutant Discharge Elimination System (NPDES). Our sweeping program includes
major roadways and neighborhoods within the City limits. The sweeper sweeps streets
where gutters and gutter swale areas exist to prevent debris from entering into the
storm drains. The only time the sweeper does not run is during bad storm conditions
and rainy weather. The street sweeper operates during the day from 7:OOam to 3:OOpm.
Current schedule permits for sweeping activities to occur on a quarterly basis and with
the addition of the new sweeper it is anticipated to occur on a monthly basis.
Total cost for the street sweeper is $153,665, and will be purchased via an existing
contract with the Florida Sheriffs Association (No. 06-1 4-0821). Funds for this purchase
are provided by gas taxes.
STAFF RECOMMENDATION:
Approve Resolution 13, 2007 as presented
Date Prepared: January 5, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 13,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AWARDING A CONTRACT FOR THE
PURCHASE OF ONE SCHWARZE A7000 REGENERATIVE AIR
STREET SWEEPER TO CONTAINER SYSTEMS & EQUIPMENT
COMPANY, INC. VIA AN EXISTING CONTRACT WITH THE
FLORIDA SHERIFF’S ASSOCIATION, CONTRACT NO. 06-14-0821 ;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City wishes to purchase one (1) Schwarze A7000 Regenerative
Air Street Sweeper as outlined in Exhibit “A; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback” an agreement awarded to another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a contract to Container Systems & Equipment Company, Inc. for the purchase of the
street sweeper based on an existing contract with the Florida Sheriffs Association,
Contract No. 06-14-0821, incorporated herein by reference; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby authorizes the purchase of one (1)
Schwarze A7000 Regenerative Air Street Sweeper from Container Systems &
Equipment Company, Inc. and hereby authorizes the City Manager to execute a
contract with Container Systems & Equipment Company, Inc. which is acceptable to the
City Attorney.
SECTION 3. This Resolution shall become effective immediately upon adoption.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
Date Prepared: January 5, 2007
Resolution 13, 2007
PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
---
G:\attorney-share\RESOLUTlONS\streetsweeper purchase - reso 13 2007.doc
2
Date Prepared: January 5,2007
Meeting Date: February 15,2007
Resolution: 13,2007
EXHIBIT A
Fra:Cmtainer Systems a062mem 01/06/= 12:W M71 P.Wl/Wl
.... .... .. ... .. '.. , '. ... ... ... ... .. ... i ... .... .... .... ..... ... ... ... .......
..
...
.. . .' . t.
.. .. ,. .. .. .. .. .. .I ' .- ..
%.. ..
-*. .. ..I
.. ..
.. . ' .'..
#' ... .... ... ... ....... ... .. .... ..
.......... ... ... .. ... I: ._ :. .. . 1 , . '.' . .. ..
... ... .. .*.. .. ... ..
.. ..
..
: . . ....
.I.
, _. ' ..
I.
.. . ': .. ,
.I .. ..
..
.. . 4. .. -. .. ..
.. .. .- ..
..
.. tiikkme , , .. ':.
.... .. .... ., ... .. '.., '
... ... ... .. .. ... .. ..
...... .. ... ,. ,. ,
...
..
.......... .... ... *. .. .
. _' . . ; 'e
.... ,. .. ' .... ...... .._. ... .. ,. -. I. ... ..... .... ' . ._. . . : ..
' _i
...
.. .. .- ..
,',, m& Quot&,h ,,I' ..
,. .. ..
.. .. I. ,. ' . . ,. ..
',.:: .
.' .
. 0 :.
.. ..
Date Prepared: January 5,2007
Meeting Date: February 15,2007
Resolution: 13,2007
EXHIBIT B
FLORIDA SHERIFFS ASSOCIATION,
FLORIDA ASSOCIATION OF COUNTIES &
FLORIDA FIRE CHIEFS' ASSOCIATION
REGENERATIVE AIR STREET SWEEPER
SPECIFICATION #60
2007 Schwarze A7000
The Schwame A7000 purchased through this contract comes with all the standard equipment as specified by the manufacturer for this
model snd FSA's base vehicle specification(s) requirements which arc included and made a part of this umtract's vehicle base price as
awarded by specification by zone.
ZONE: Western Northern Central southm
BASE PRICE: $133,369.00 $1 33,369.00 $133,369.00 $133,369.00
While tht Florida Shcriffk Association, Florida Association of Counties and Florida Fire Chic&' Association have attempted to
id- md include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment
needs md pnfaences arc going to vary fiom agency to agency. In an effort to incorporate flexibility into our program, we have
amtd specific adddelete options which allow the purchaser to tailor the vehicle to their particular wants or naeds.
The following equipment delete and add options and their related cost arc provided hem to assist you in approximating the total cost
of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you
wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit at to determine the
rpproXimrte cost of the type vehicle(s) you wish to order.
NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when
Prepving your &. Additional add/delctc options other than those listed here may be available through the dealers, howwer, those
listed here must be honored by the dealers in your zone at the stated prices.
Bld Awad Announcement (fh5-14-0821)
VEHICLE: A7000 A7000
DEALER: Container Systans & Container Systems &
Equip. Co., Inc. Equip. Co., Inc.
ZONE: Westrm Northern
BASE PRICE: $1 33,369.00 $133,369.00
Order Code Delete Options
Delete dual opaator controls
Conventional Chassis in lieu of Cabover Chassis
l%is fs on &'lid ca~. NOTa mdit (&duct) I
Single Left Hand Steering in lieu of Dual Steering
Single Gutter Broom in lieu of Dual Gutta Brooms
Amber Strobe Light (Cab Mounted with Limb Guard)
A7000 A7000
Container Systems &
Equip. Co., Inc.
Central Southern
$133,369.00 $133,369.00
Container Systems &
Equip. Co., Inc.
Order Code Add Options
2-speed rear axle
Warning beacons
N&. one bcaccm (ivibw) at rear qfweeper is ston&& 1
Amber strobe light (additional)
Rear flood lights
Light guards
Wrndaing hosc
Caster wheels for pickup head
Automatic lubrication systun
heper ad Chaaais (AM0 LubeJbr meper ONLY: S 2.622) 1
Hopper lining
Stainless steel hopper
High dump hoppa assembly mounted on conventional chassis
Broom in pickup head
High pressure washdown
Ahion protection package
Auxiliary fuse panel; 12WX fused power source panel for additional electrical components
Auxiliary hand hose - eight inch diameter, 10 foot long hose with 52 inch nozzle
Auxiliary hand hose with hydraulic boom sssist (includes auxiliary hydraulic system)
Auxiliary hydraulic system
Dustless filtration system
hdck
Reverse pick-up head chains
Magnet assembly: 84" magnet, electromechanically activated (2-10 inch adjustment)
Lineu.cturtor-m~bleeder
Lata01 air flow nozzle
Air purge
All zones
NA
($1,415.00)'
NA
$1,700.00
$380.00
All Zona
Std
$437.00'
$322.00
Std
$1 15.00
$920.00
NA
$4,%8.00'
Std
$8,395.00
$28,612.00
$4,485.00
s2254.00
Std
Std
NA
$920.00
Q00l .00
Std
NA
$552.00
Std
$6394.00
Std
$4,025.00
BhiAwardAnnouncement (06-140821) 1418
VEHICLE: A7000 A7000
DEALER: Containa Systems t Container Systems &
ZONE: Westan Northern
BASE PRICE: $133,369.00 $133,369.00
Equip. Co., Inc. Equip. Co., Inc.
A7000 A7000
Container Systems t
Equip. Co., Inc.
Central southern
5133,369.00 51 33,369.00
Container systems &
Equip. Co., Inc.
Hopper screen vibrator - pneumatic
Hopper saeen stainless (exchange)
Hopper screen-chip Senvmilling hopper screen
Hopper load indicators
Hopper drain system
Ifnd, I
Hopper deluge system
High capacity dust sepantor
Hillow pressure washdown system
Gutter broom tilt djustex m~kpabroa 1
Gutter broom - drop down (requires gutter broom tilt adjuster) each
Extra water capacity - 440 gallons total (requires cabover chassis)
(SW &Ion W waiw cq. u dbbk for S 2,553.00) 1
Dump switch in cab
Broom assist pick-up head (BAH)
Extcndcdwvranty
Discount percentage off manufactum's current published retail prices for non-specified options
and any optional models bid. (The discount is applied to the manufacturer's current published retail
Priw.) Dircovnl @ea to beper oprronr an&: drauu pnca ond chasm op1'ons aw not subject to discount. 1
CALL FOR PRICE 1
8%'
Bld Award Announcement (06144821)
NA
$2,070.00
Std
$253.00
$391.00'
$414.00
Std
$2,254.00
$506.00 '
$1,380.00
$3,910.00'
Std
$4,485.00
NA'
Incl.'
1419
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 25,2007
Meeting Date: February 15, 2007
Resolution 16, 2007
SubjectlAgenda Item: Authorize expenditures for a not to exceed amount of $34,945.00
from Art Impact Fees for architectural enhancements to the PGA Boulevard Flyover
Towers, and Change Order No. 2 (Final) to Wendy M. Ross for the PGA Flyover Tower
Sculptures
[ X ] Recommendation to APPROVE r 1 Recommendation to DENY
Reviewed by:
City Attorney
Submitted by:
City a ag
Originating Dept.:
Angela Wong
Operations Man
Community Services
Department
r
Advertised: NIA
Date:
Paper:
I [ ] Not Required
.
Affected parties
[ ] Notified
[ ] Not required
Costs: 34.945.00
(Total)
34,945.00
Current FY
Funding Source:
[ ]Operating
[ X ] Other
Budget Acct.#:
304.1400.51 5.6900
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Conceptual Drawing of
Resolution 16, 2007
Exhibit A: Proposal from
Wendell Hall, Inc.
Exhibit B: Change Order
No. 2 for Wendy M. Ross
Architectural Enhancement
[ ]None
Date Prepared: January 25,2007
Meeting Date: February 15,2007
Resolution 16, 2007
BACKGROUND:
As part of the aesthetic enhancements to the PGA Boulevard Flyover, the City
installed bronze plaques of the City shield at the base of each of the four towers, which was
funded from Art Impact Fees. In order to create a cohesive appearance between the
shields and the towers, additional framing of the shields is desired. Staff obtained a quote
from Wendell H. Hall, Inc. in the amount of $5,080.00 for plastering services to create the
frames. Additional paint materials and miscellaneous equipment to be used by City staff is
estimated at a cost of $500.00. Since this is an architectural enhancement, funding is
recommended from Art Impact Fees.
In addition, the City Council approved the expense of Art Impact Fees for a contract
to Wendy M. Ross for the design and installation of four (4) artworks for the PGA Flyover
Towers. The artworks were completed and installed in November 2006. However, due to
unforeseen delays, the installation process was extended for 21 days, which included
permitting issues and inaccurate structural plans provided by the Florida Department of
Transportation. The delays caused a justifiable increase to the artist’s contract in the
amount of $29,365.00. Funding for this change order is provided by Art Impact Fees.
I
STAFF RECOMMENDATION: Authorize expenditures for a not to exceed amount of
$34,945.00 from Art Impact Fees for architectural enhancements to the PGA Boulevard
Flyover Towers, and Change Order No. 2 to Wendy M. Ross for the PGA Flyover Tower
Sculptures.
,
SCHEME A
Scale: W-l*-O'
f
PGA FLYOVER 1
PALM BEACH GARDENS, FL.
COLOR KEY
COLOR 1 = 37769 I
COLOR 2 = 3361 7
COLOR 3 = 37886
DIMENSIONS
A = 2"
B=2"
C = Approx. 7"
D = Approx. 1 1 "
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 16,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ALLOCATING ART IMPACT FEES
FOR ARCHITECTURAL ENHANCEMENTS TO THE PGA
BOULEVARD FLYOVER TOWERS, AND CHANGE ORDER NO. 2
(FINAL) WITH WENDY M. ROSS FOR THE PGA FLYOVER TOWER
SCULPTURES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to make architectural enhancements around four
bronze plaques, as well as approve the final change order for Wendy M. Ross for the
creation of four sculptures, which are located on the PGA Boulevard Towers; and
WHEREAS, the City received a proposal from Wendell H. Hall, Inc. in the
amount of $5,080.00 for the architectural improvements, which is attached hereto and
incorporated herein as Exhibit “A, and additional materials to be used by staff are
estimated at $500.00; and
WHEREAS, the City received Change Order No. 2 (Final) from Wendy M. Ross
in the amount of $29,365 as a result of unanticipated delays, attached hereto and
incorporated herein as Exhibit “B”; and
WHEREAS, because of the direct relation these expenditures have with public
art, the Art In Public Places Advisory Board and City staff recommend that these
projects be funded by the Art Impact Fees collected in accordance with Section 78-262
of the City Code; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
of this Resolution to be in the best interests of the citizens and residents of the City of
Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens hereby
authorizes the expenditure of Art Impact Funds in an amount not to exceed $34,945.00
for architectural enhancements to the PGA Boulevard Towers, and Change Order No. 2
(Final) with Wendy M. Ross for the creation of four sculptures on the PGA Boulevard
Towers.
SECTION 3. This Resolution shall become effective immediately upon adoption.
2
Date Prepared: January 25, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
Date Prepared: January 25, 2007
Resolution 16, 2007
PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR BARNETT
---
---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
G:\attorney-share\RESOLUTlONSMrt Impact Fund Expenses - reso 16 2007.d~
2
Date Prepared: January 25,2007
Meeting Date: February 15, 2007
Resolution 16, 2007
EXHIBIT A
Dcc 13 06 03:21p Greg Hall
PLASTERING CONTRACTOR
CG C028637
DATE:
TO:
JOB:
PROPOSAL
561-863-5535 P* 1
December 13,2006
City of Palm mch Gardens
Attention: MarkWilson
Public works Deparbnent
Decorative Plaques
Alternate A1A at PGA Ftyaver
Palm Beach Gardens, FI
1801 WEST 10th STREET
RlVlERA BEACH, FL 33404
(561) 863-5525
FAX (56 1 ) 863-5535
ARCHITECT: Oliver, Glidden & Spina
PLAN DATE
We propose to fum&h all mater&ls and perform all labor necessary to complete
thefollowing: \
Extsrlor: At FOUR Tower locations
1. Apply banding around new Plaques
Scheme "A"
Scheme "B"
$ s,080.00
E 6,650.00
NOTE: Painting is by others.
Wendell H. Hall, Inc. is hereby authorized to perform as described above for wMch
I agme to make payments upon request as the job progmsses. 1 agree to pay the
entlm amount within 30 days of completion.
Greg Hall
Prsbident
Accep&nCe:
Date Prepared: January 25,2007
Meeting Date: February 15, 2007
Resolution 16, 2007
EXHIBIT B
City of Palm Beach Gardens
CHANGE ORDER TO ORIGINAL CONTRACT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY
CHANGE ORDER NO. Two (2YFinal PROJECT NO.: RECOOl8 DATE: December 21 2006
CONTRACT TITLE: PGA Flvover Tower Sculptures
TO CONTRACTOR: Wendv M. Ross
250,000.00
45936.00
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT
TO ALL CONTRACT STIPULATIONS AND COVENANTS.
ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE
ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACTED AMOUNT INCLUDING THIS
JUSTIFICATION: Additional 21 davs required for installation of artworks due to MOT issues and
unforeseen structural delavs (see attached exdanation).
295,936 .OO
29,365.00
325,301 .OO
CHANGEORDER
Percent Increase This Change Order ,
Total Percent Increase To Date
Extensinn Of Cnntrad Time Allnwed Rv This Chanoe
9.92%
30.1 2%
21 Calendar Davs
CERTIFIEDSTATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; prices quoted are fair and
reasonable and in proper ratio t of the original work contracted
for under beneffi of competitiv
uaw ROSS 1~ I26 /06 CONTRACT OF^
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DEPARTMENT:
Community Services Department
ACCOUNT NUMBER:
304.1400.515.6900
This Chanae Order is not valid without the followina sianatures:
DATE
CITY MANAGER DATE
Change orders over $50,000 or more than 20% increase require the following signatures:
CITY OF PALM BEACH GARDENS, FL
MAYOWCOUNCILMEMBER DATE CITY CLERK DATE
Page 1 of 1
ri rl i
I
* r
r
I
1
i
I
i
1
! I
Detailed Explanation of Proposed Budget Changes
ASTRALIS - PGA BLVD Flyover
A. SUBCONTRACTOR ADDITIONAL COSTS (OCEANEERING, INC)
I) Memorandum on Transportation (MOT) - Subcontractor costs.
Budget Category
Budget Assumption
Additional Cost
(None) PermitslLicenses
$0
$1,100
Explanation: Request for actions beyond the scope of work. City of Palm Beach
Gardens is responsible for all permits. The City asked the Artist’s subcontractor
directly to prepare the permit documents. The subcontractor’s employees were not
aware that this activity was not within their scope of work and prepared the materials.
The $1,100 is the subcontractor’s (Oceaneering) costs and does not include any
charges by Artist to resolve the situation.
Unforeseen obstruction in Tower ceiling - Subcontractor costs.
Budget Category
Budget Assumption
Additional Cost
Installation
$23,000
$1 5,126
Explanation: The City was required to provide “as built” drawings to Artist and
Artist’s subcontractor. The information on the stucco work was not provided and the
architectural drawings that were provided did not disclose a supporting beam directly
in front of where the plate to hang the sphere would be attached. This problem was
not discovered during the review and approval of the construction documents, which
identified the method of attachment, and was only discovered after Artist‘s
subcontractor (Oceaneering) had begun the demo/prep work. While the solution was
relatively straightforward, all work had to be suspended until the appropriate engineers
for both the contractor and the City could review and approve the changes. In
addition, the solution required additional work both for access to effect the solution and
then for repairs. The costs associated with the delays include the expenses of the
workers and the equipment rental for the period. The additional cost on this item is
solely costs incurred by Artist’s subcontractor.
B. ARTIST ADDITIONAL COSTS (ROSS SCULPTURE STUDIO)
3) Lighting Programming - Subcontractor
Budget Category
Budget Assumption
Additional Costs
Lighting
$47,000 ($1,500 for programmer)
$2,528
Explanation: This item includes additional costs due to a change in lighting
programmer as a result of delays. The original budget assumed $1,500 for the
programmer from Color Kinetics who had worked with Artist and who prepared the
demonstration at Contractor’s facilities during fabrication, visuals of which were
provided to the City. As a result of delays due to the MOT and later with the unknown
problem in the Towers, the contract with Color Kinetics had to be cancelled and a new
programmer obtained who could be available on short notice. Since the new
programmer was unfamiliar with the concept for the lighting display, programming was
done on site and required additional time. The invoice from the programmer was for
$3,750. In addition, Artist covered three days lodging at a cost of $278.46. The total
cost associated with the change in programmer is $4,028. Artist is requesting
coverage of the amount in excess of the $1,500 assumed ($2,528).
4) Incidental Expenses - Artist and Ross Sculpture Studio, LLC
Budget Category
Budget Assumption
Additional Costs
Office/TraveI/Overhead Burden
$9,000 ($2,080 for installation phase)
$10,611
Explanation: Artist assumed, and the schedule contemplated, being on site for five
days for installation prior to the original planned dedication date of October 20. As a
result of the delays associated with the MOT and the subsequent undisclosed problem
in the ceiling of the Tower and additional time to work with a new programmer on the
lighting, Artist was not able to leave until November 9 (21 days additional).
Artist is requesting $41 6/day for the additional period based on the approved budget
($2,080/5 days = $416/day x 21 days) for a total of $8,736.
Overhead burden of 10% on the total for subcontractor costs ($18,754) is included
($1,875) for a total of $10,611 in this category.
Supporting Documents ----
I) PDF from Oceaneering explaining and
supporting costs associated with MOT (Item #I)
and undisclosed obstruction in Tower ceiling
(Item #2).
2) Invoice from Lighting Programmer (Item #3)
3) Hotel invoices covering period from October 19
to November 9 for Artist (Item #4) which also
include invoice for three days for Lighting
programmer (Item #3).
)@ Oceaneering international, Inc. (OCE ANEERING
November 22,2006
Ross Sculpture Studio
661 1 Landon Lane
Bethesda, MD 20817
Attn: Wendy Ross
Ref: PGA Blvd. Sculpture Installation
Dear Ms. Ross,
This is a request for a change order on the installation phase of the above referenced
project .
Item 1. On October 11,2006 Nick Thomareas sent you an email outlining out of
scope efforts expended by Oceaneering concerning MOT road closures. The
effort involved a total of 9 man-hours for Kevin Dyer and Randy Price. The
total estimated cost was reported to be $1,100. In an email dated 1011 1/06
Angela Wong agreed to pay all reasonable costs associated with this effort.
Item 2. At the beginning of the project during stucco demo work in the first tower our
installation crew encountered additional undocumented metal work in the
ceiling of the PGA Blvd. tower. Oceaneering determined that it was
necessary to immediately stop the demo work and have a representative of the
City of Palm Beach Gardens review what we had discovered. The following
day City of Palm Beach Gardens’ Engineer, Todd Engle inspected the ceiling
construction. It was decided not to disturb this additional layer of metal in the
ceiling and to work around it.
During the design, engineering and fabrication phases of the project,
Oceaneering manufactured mounting plates to be attached to the tower ceiling
structure from which the sphere sculpture element would be hung. The
mounting plate system was designed to be bolted to the ceiling structure using
a backer plate and 4 bolts and fasteners. Because of the additional layer of
metal, long studs were used in lieu of the 4 bolts and because of the additional
6 inch distance the installation became much more difficult and time
consuming. This seemingly minor as-built drawing omission snowballed to a
fairly lengthy addition of installation labor and expenses. Please see below.
7001 Dorsey Road, Hanover, MD 21076 Phone (443) 459-3700 Fax (443) 459-3980
32 Man hours delay @ $74hour.. ............ .$2368 (4 men, 8 hours each)
64 Man hours work @ $74/hour.. ............ .$4736 (4 men, 4 hours per tower)
3 days crane rental ............................... $3902,
3 days highreach rental.. ......................... $787.
3 days hotel and expenses for 4 men ........... $3333.
Total Item 2 ........................................ $15,126.
During a meeting at Angela Wong's office on October 25,2006, Angela stated she
would cover any out of scope expenditures by Oceaneering due to this unforeseen
problem.
Grand Total Items 1 and 2.. .................... $16,226.
If you have any questions, please call.
Sincerely,
L '"?.
Richard Ely
Oceaneering International, hc.
November 22,2006
Ross Sculpture Studio
661 1 Landon Lane
Bethesda, MD 20817
Attn: Wendy Ross
Ref: PGA Blvd. Sculpture Installation
Dear Ms. Ross,
This is Oceaneering’s response to your email dated November 16,2006 where Joel Straus
asked for clarification and documentation of our changeorder request.
The 32 man hours (4 men, 8 hours each) delay are for lost time waiting for the tower
inspection by the City of Palm Beach Engineer.
The 64 man hours (4 towers, 4 men, average 4 hours each) are for actual additional work
involving working around the additional ceiling material in lieu of the original bolting
design because of the additional 6 inches added to the installation distance.
Crane rental, 3 days: See attached invoice from Zeiger Crane Rental, Inc.;
The total invoice is $10,560.39 for 10 days rental, averaging $1,056.03 per day.
Three days rental is $3,168.09 cost plus G&A plus profit is $3,902.
Highreach rental, 3 days: See attached invoice from Quality Equipment & Tool Rental,
Inc. :
The invoice total is $2,981.60 for 14 days rental, averaging $212.97 per day. Three
days rental is $638.91 cost plus G&A plus profit is $787.
Hotel, See attached statement from Hampton Inn. Week nights were $149 per night plus
tourist tax plus state tax, equals $164.65. Weekend nights were $139 per night plus
tourist tax plus state tax, equals $153.60. Average nightly room cost was $161.49. GSA
per diem rate for Palm Beach Gardens is $64 per day. Total hotel and expenses are
$225.49 cost per day per man. 4 men 3 days hotel and expenses totals $2,705.88 plus
G&A plus profit is $3333.
7001 Dorsey Road, Hanover, MD 21076 Phone (443) 4543700 Fax (443) 459-3980
32 Man hours delay @ $74/ho~ir.. ............ .$2368 (4 men, 8 hours each)
64 Man hours work @ $74/hour.. ............ .$4736 (4 men, 4 hours per tower)
3 days crane rental. ............................ ..$3902
3 days highreach rental. .......................... $787
3 days hotel and expenses for 4 men.. ....... $3333
Total.,. ....................................... $15,126
If you have any questions, please call. G
L
Sincerely,
G- -""rj...
Richard Ely
Oceaneering International, Inc.
4
NOV-17-2006 0l:IOAH FROM-hirer Crane + T-976 P.002 F-521
*.* Opn Itmr
1)Inv 130169
Olnr .
2)Inv 130ran
61n. .
1)lnv 130425
rlllnt I
4)Inv 130442
Glm: .
5) Inv 130471
SM: .
G) 111v I3Ub'tS
!Am; .
7)IWJ 13OGS'l
Sin: .
8) IIIV 1 JU707
Yln: .
Y)Inv 1307G7
Sin: .
10) IIlV 13u7tlz
Yln; .
Ihc: 11/30/2OOG
2G& WlNi~v KUS5 81,141.25
!.he: 17/03/2006
SA WSNOV YOSS 51,176.00
DUM: ~2/04/1U06
SR. h57.26
60.00
$S.C'O
so.00
o.ao c
so.no -
0.00 0
. . .;. . ...?,. .!
_...! ..... - 'QW-:.: .:'~.&y. : ': ,". :.: : ' -:..:.:.:'.-.'- . , It#mB~Sold ... ... - ............... .f* :: ';..pr~c.id&cti~.:'.. ...... ,.._I ......
2 I IDEL-ZONEA ( lBQ4) DELIVERY, ZONE A amo 1
..... ...... .. .. .. . . ~ -.. *:.... ..
..I .. ............ ..... 1- - .. i.
.* .. ,. , -.- . . ,-. .,: .. .................. ............ ._ . ,PljtlLi. '. .... 1
'i:;;;;pflc$. i
S170.00
..... .._( Q~Y' :'r. '~69:. ............... IW,pslPbn,bd. .... ..... ................... &
i IMR ( 1) RENTAL ITEM, MISCELLANEOUS
-, ........ ........
1 I I ............ I ........ ........... ..... , . , . I.. ... , .. ........... ..... ..... . ..... .... .. ._. . ........... , .:.-BELIVERY AND.PICKUP ~ ................ : .,, .... :..-" .. .. .\
DEIIVBW Date: Mon lOL?3/06 11:02AM
Pickup Date: Mon 71/6/06 1 I:O%M
Contact:
Phone:
Thank you for your Business
Payment8 made an thls oonlrecl:
RantaUSafe Paid $1,288.65 on 1 D-OCI-2008 9:25 am Credit Card
RentellSalo Refund ($234.301 on 25OCWW6 1 i:08 am Credit Card
RenIoVSale Paid 5521 A6 on 23-Ocl-2006 2.36 pm Credil Card
RantaVSale Paid $1,405.80 on 27-0ct-ZWx) 4:18 pm Credit Card
Total Pald SZ,881.(IO
. .. ___ .-. . , . . .. .-- .
. .. -
Hm-.
PALM BEACH GARDENS, FL 33410
FAX (561) 6256766 official sponsor U.S. dympic team TELEPHONE (561) 625-8880
:UIZ, JUCHARD 864 COUNTRY RUN PKWY
)RLANW. FL 32818
IS
name addreg
CONFIRMATION NUMBER : we~z4a
110WO6 PAGE 2
2 19IKXLX rwm number: 10/22106 &WPM arrival date: departue date: 11/06/069:47AM
** 149.00 adultkhild rmm rate
HH# 640049682 SILVER
CAR
Isignature:
10122f08
10/22/06
1 W22106
lO123l06
10123108
10123106
10124106
10124/06
t 0124/06
10/25106
10/25/06
10125W6
10128/06
10/28/06
1W26/06
10127ic6
1 0127/06
10l27x)6
1 OlZ8lO6
1 on8lD8
lOlZ8106
lOt28/06
10/29/06
855040
* 855040
j 855040
i 055224
855224
855224
a55453
855453
055722
855722
855945
855945
855645
856198
858198
856198
a56393
856383
a56393
856567
856567
a55453
055722
GUEST ROOM
STATE TAX
TOURIST TAX
GUEST ROOM
STATE TAX
TOURIST TAX
GUEST ROOM
STATE TAX
TOURIST TAX
GUEST ROOM
STATE TAX
TOURIST TAX
GUEST ROOM
STATE TAX
TOURIST TAX
GUEST ROOM
STAT€ TAX
TOURIST TAX
GUEST ROOM
STATE TAX
TOURIST TAX
GUEST ROOM
STATE rAx
5149.00
$8.69
15.96
$5.86
S149.00
$9.69
$5.96
$149.00
$9.69
$5.96
S149.W
$9.69
$5.96
5139.00
$9.04
$5.56
$139.00
$9.04
95.56
$149.00
$9.69
I for reservations call 1.800.harnpton or visit us online at www.hamptoninn.com
account no. date 01 charge : foliolcheck no
' 153120 B
I
--- authorirdlion initial I card member name
- --
I
tips & misc
signature of cad member
X 0 00 total amount
I
POOrpl
HAhlPI‘ON IhN, 4001 RCA BLVD.
PALM ROICH GARDENS, FL 33410
FAX (561) 625-6766 official sponsor u s. Olympic team TELEPHONE (561) 6258880
I I
JlZ. RICHARD 84 COUNTRY RUN PKWY
XANDO, FL 32818
3
room number: *lm
arrival date: lWzZl06 8:OOPM departure date, 11106M69:47AM address
name I
adultlchild: 1lO
toom rate: ** 149.00 L-CON I
1 W29M6
1W30106
10230108
10130/06
1W31/06
10/31/06
1W31M6
11101l06
11/01/06
11/02/06
11/02/06
11/02/06
11103106
11/03/06
t 1/03/06
11101106
i ima06
iirn4/06
1 imm6
1 imm6
1 1 /04/06
11/05/06
11/06/06
1 z;
1 856715
‘ 856715
858901 1 856901 ’ 856901
857091
857091
857091
857324
a57324
857324
~756a
857568
857588
857742
857342
857921
857921
858(135
a57742
as7921
TOURIST TAX
GUEST ROOM
STATE TAX
TOURIST TAX
GUEST ROOM
STATE TAX
TOURIST TAX
GUEST ROOM
STATE TAX
TOURIST TAX
GUEST ROOM
STATE TAX
TOURIST TAX
GUEST ROOM
STATE TAX
TOURIST TAX
WEST ROOM
STATE TAX
TOURIST TAX
GUEST ROOM
STATE TAX
TOURIST TAX
MC ‘2827
I $149.00 i 59.69 1 $5.96
$149.00
’ 59.69
I 55.96 ! $149.00
, 59.69
‘ s5.96
$149.00
$9.69
SS.96
1139.00
59.04
$5.56
$139.00
$9.04
05.56
$149.00
$9.69
$5 96
i(12.425.55)
I i
for reservations call 1.800.hampton or visit us online at www.harnDtoninn.com
account no dale of tharge follokheck M
MC ‘2827 ‘72,del\ ’33,;- 1102/06 153120 B
.cL- - - - -- a\*- c LA,
card member name aulhorization . initial
establi5hment no and locatlon n~~mm~ .~,~~~vl~~~~~~~~”~~~r~~~~~ purchaies & sewces
I
1 ------____ RUIZ. RICHARD !7766$
- -- -__ -I_- -----__c-- - taxes
lips R. misc - -- - -_-__---I ---- -_ - signature of lard member
X .2.425 55 total amount
coo@
I' I
Invoice I I /09/06
Oripal Quote
Hello again Wendy. My fees for this type work are as follows:
Per day .... onsite ... 1,OOO.oO per day up to 10 how (flexible) plus expenses
Hotel etc.
Travel &~...500.00 plus expenses (2)
Plane., Hotel, Car Rend etc
'I'erms: travel time and 1 day in advance ... 2,000.00
Artisan Art Services
Sunday. ..Travel13 hours (5 00.00).... 3 hours onsite (N/C)
Monday .... 15.5 hours .... 8 am to 11:30 pm ... 1,000.00
Tuesday .... 12 ho w... 8:30 am to 830 pm .... 1,000.00
Wednesday .... 6 hours ..... 830 am to 230 PM half day.SO0.00
Wednesday. ... Travel 1 3 hours .... 500.00
Onsite .... 2.5 days .... 2,500.00
Travel Days ... . (2) ... .1 .000.00
Gas and Vehicle allowance .... 250.00
Total .... 3,750.00 ....Thank You!
Residence Inn Boca Raton
525 N.W. 77th Street
Boca Raton, FL 33487
561-994-3222
3
1
9 T a
4
5 E 2 ' I
WENDY/MS ROSS
6611 WON LANE
BETHESDA MD MD 20817
C190ct06
190ct 0 6
200ct06
200ct06
200c t 0 6
190ct06
210ct06
2 lOct 06
220ct06
220ct06
220ct06
210ct06
220ct06
230ct06
230ct06
230ct06
240ct 0 6
240ct06
240ct06
ROSS STUDIOS
u- Room: 424 CORH
Room Type: PENT
No. Of Guests: 2
Rate: 129 - 00
Clerk: KDF
Arrive -6 Time 12 : 06aDe~art 290ct06 Time 12: 149 Folio# 19-18225
Date Reference Number Description Charges Credits
18 Octo 6 VI424 ..................... * THIS CARD WAS * * ELECTRONICALLY * * SWIPED ON 120ct06 * .....................
57424
T1424
T4424
J7424
T1424
T4424
57424
T14 24
T4424
57424
T1424
T4424
-4 24
57424
T14 24
T4424
57424
T1424
T4424
57424
T1424
T4424
Visa 1007.60-
* CARD#:V *
* Amount: Auth: 030129 * * ** Signature on File ** *
......................................
......................................
Room Charge-Pent 1
Occupancy Sales Ta
County Tax
Room Charge-Pent 1
Occupancy Sales Ta
County Tax
Room Charge-Pent 1
Occupancy Sales Ta
County Tax
Room Charge-Pent 1
Occupancy Sales Ta
County Tax
Vending Income
Room Charge-Pent 1
Occupancy Sales Ta
County Tax
Room Charge-Pent 1
Occupancy Sales Ta
County Tax
Room Charge - Pent 1
Occupancy Sales Ta
County Tax
129.00
8.39
5.16
129.00
8.39
5.16
129.00
8.39
5.16
129.00
8.39
5.16
1.00
129.00
8.39
5.16
129.00
8.39
5.16
129.00
8.39
5.16
WENDY/MS ROSS
6611 LANDON LANE
BETHESDA MD MD 20817
ROSS STUDIOS
Room: 424
Room Type: PENT
No. Of Guests: 2
Rate: 129.00
Clerk: KDF
CORH
Arrive 5 - De art 290-6 Time Folio# 19-58225
Date Reference Number Description Charges Credits
2 50ct 0 6 VI424 ..................... * THIS CARD WAS * * ELECTRONICALLY * * SWIPED ON 120ct06 * .....................
' 250ct06 574 24
2 50ct 0 6 T1424
2 50ct 0 6 T4424
2 60ct 0 6 57424
2 60c t 0 6 T14 24
2 60ct 06 T44 24
2 70c t 0 6 574 24
270ct06 T1424
2 70ct06 T4424
280ct06 J7424
2 80ct 0 6 T1424
2 80ct 0 6 T4424
290ct06 VI12 : 14PM ..................... * THIS CARD WAS * * ELECTRONICALLY *
* SWIPED ON 120ct06 * .....................
**
Visa 998.85- ...................................... *
Auth: 074472 * * * ......................................
* Amount:
Room Charge-Pent 1 129.00
Occupancy Sales Ta 8.39
County Tax 5.16
Room Charge-Pent 1 129.00
Occupancy Sales Ta 8.39
County Tax 5.16
Room Charge-Pent 1 129.00
Occupancy Sales Ta 8.39
County Tax 5.16
Room Charge-Pent 1 129.00
Occupancy Sales Ta 8.39
County Tax 5.16
Visa 570.20- ...................................... * CARD #: v XTXXXX xxx7349 *
* ** Signature on File ** * * Amount: c'-y 570.20 Auth: 001526 *
......................................
BALANCE ** .oo
Marriott Rewards Club Member: XXXXX8732. Retain this receipt for your records.
Get all your hotel bills by email by updating your Marriott Rewards
Preferences. Or, ask the Front Desk to email your bill for this stay.
FAIRFIELD INN AND SUITES
6748 WESTINDIANTOWN RD
JUPITER FL 33458
561-748-5252
WENDY ROSS Room: 201 REGE xxx Room Type: FKKS
XX FL 33458 No. Of Guests: 1
LEISURE Clerk: TFB
Rate: 116.10
8P Folio# QT-76425
Date ce Number Credits
2 90ct 06 RB201
190ct 06 T2201
190ct 0 6 T7201
300ct06 RB2 0 1
3 OOc t 06 T2201
3 00ct06 T7201
3 lOct 06 PE201
3 lOct 06 VI201 ..................... * THIS CARD WAS * * ELECTRONICALLY *
* SWIPED ON 05Nov06 * .....................
310ct06
310ct06
310ct06
0 lNovO 6
0 lNovO 6
0 1NOv06
O2NovO 6
02Nov06
02Nov06
0 3 NOVO 6
03Nov06
03Nov06
04Nov06
O4NovO 6
0 4 NOVO 6
0 5NovO 6
0 5NovO 6
0 5NovO 6
0 6NovO 6
RB2 0 1
T2201
T7201
RB201
T2201
T7201
RB2 0 1
T2201
T7201
RP201
T2201
T7201
RP2 0 1
T2201
T7201
RB2 0 1
T2201
T7201
RB201
ROOM CHARGE 116.10
Bed Tax 4.64
ROOM CHARGE 116.10
Bed Tax T 4.64
Pet Charge 55.25
State Occupancy Ta 7.55
State Occupancy Ta 7.55
Visa 55.25- ...................................... * CARD#: v * Amount:
..................................... *
ROOM CHARGE
State Occupancy Ta
Bed Tax
ROOM CHARGE
State Occupancy Ta
Bed Tax
ROOM CHARGE
State Occupancy Ta
Bed Tax
ROOM CHARGE
State Occupancy Ta
Bed Tax
ROOM CHARGE
State Occupancy Ta
Bed Tax
ROOM CHARGE
State Occupancy Ta
Bed Tax
ROOM CHARGE
116.10
7.55
4.64
116.10
7.55
4.64
116.10
4.64 I
116.10 ,
PAIRFIELD INN AND SUITES
6748 WESTINDIANTOWN RD
JUPITER FL 33458
561-748-5252
WENDY ROSS xxx
XX FL 33458
LEISURE
Room: 201
Room Type: FKKS
No. Of Guests: 1
Rate: 116.10
Clerk: TFB
REGE
Arrive 290ct06 Time 02: 06u DePart 09Nov06 Time 12 : 28u Folio# QT-76425
Date Reference Number Description Charges . Credits
0 6NovO 6 T2201
06Nov06 T72 0 1
0 7NovO 6 VI201 ..................... * THIS CARD WAS * * ELECTRONICALLY * * SWIPED ON 05Nov06 * .....................
0 7NovO 6 RB2 0 1
07NOV06 T2201
07Nov06 T7201
0 8NovO 6 RB2 0 1
0 8NovO 6 T2201
08Nov06 T7201
0 9NovO 6 VI12 : 28PM - ..................... * THIS CARD WAS * * ELECTRONICALLY *
* SWIPED ON 05Nov06 * .....................
State Occupancy Ta 7.55
Bed Tax 4.64
Visa 1340.25- ...................................... *
Auth: 064323 * ......................................
ROOM CHARGE 116.10
Bed Tax 4.64
ROOM CHARGE 116.10
Bed Tax 4.64
State Occupancy Ta 7.55
State Occupancy Ta 7.55 ,
Vi sa 349.40- ......................................
* Amount:
......................................
c Q 4
L I
Charges Transfered FROM 76933 ROSS/WENDY
0 5NOVO 6 RP202 ROOM CHARGE
0 5NovO 6 T2202 State Occupancy Ta
05Nov06 T7202 Bed Tax
06Nov06 RP202 ROOM CHARGE
06Nov06 T2202 State Occupancy Ta
06Nov06 T7202 Bed Tax
0 7NovO 6 RP202 ROOM CHARGE
0 7NOvO 6 T2 2 02 State Occupancy Ta
0 7NovO 6 T7202 Bed Tax
Total Charge6 Transfered FROM 76933
3.36
5.46
3.36
84.00 I
278.46
I
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 2, 2007
Meeting Date: February 15, 2007
Resolution: 20. 2007
SubjecUAgenda Item: Approving a four (4) year lease agreement with CitiCapital
Commercial Corporation for golf carts from Club Car, Inc. via an existing agreement
with the Village of North Palm Beach dated October 23, 2006
[ XI Recommendation to APPROVE r 1 Recommendation to DENY
Reviewed by:
City Attorney 1
Financ Ad s ator b
Administrator
Department Administrator
Originating Dept.:
Community Services-
Golf7
Dan Reidy
Operations Director
Advertised: NIA
Date:
Paper:
@'Not Required
Affected parties
[ ] Not required
Costs: $246.61 6.80
(Total)
$35.964.95 (7 months)
Current FY
Funding Source:
[XI Operating
[ ]Other
Budget Acct.#:
106.2500.572.4420
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
*Resolution 20, 2007
*Exhibit A: Leasel
Purchase Quotation
*Exhibit B: Village of
North Palm Beach
Ag reem en t
*Exhibit C: Sample
Lease Agreement
[ ]None
Date Prepared: February 2,2007
Meeting Date: February 15, 2007
Resolution: 20, 2007
BACKGROUND:
The Palm Beach Gardens Golf Course requires daily use of golf carts in order to
convey golfers efficiently. Our present lease with CitiCapital Commercial Corporation
expires on February 6,2007. Staff recommends entering into a new four (4) year golf cart
lease with CitiCapital based on a piggy back contract with the Village of North Palm Beach
dated September 14, 2006 (Resolution ## 2006-73). The agreement will include the
following:
80 New Club Car Precedent Professional electric golf cars with custom
club logo, rear rain bag cover, number decals, hinged windshield,
information holders and sand buckets.
1 New 2007 Turf 2 Gas Vehicle
1 New 2007 Turf 6 Gas Vehicle
2 New 2007 DS Gas Vehicles
This equipment provides the latest in technology and efficiency. The industry
standard four (4) year lease has proven highly effective in providing mechanically sound
equipment at an economical annual rate. The estimated annual cost to the City will be
$61,654.20, for a total of $246,616.80 over the four years. The Fleet Committee has
reviewed and approved this recommendation.
STAFF RECOMMENDATION: Approve Resolution 20,2007 as presented.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 20,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A FOUR (4) YEAR
LEASE AGREEMENT WITH CITICAPITAL, INC. FOR GOLF CARTS
FROM CLUB CAR, INC. VIA AN EXISTING AGREEMENT WITH THE
VILLAGE OF NORTH PALM BEACH DATED OCTOBER 23, 2006;
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City operates a municipal golf course that utilizes golf carts for
both operations and use by patrons; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City has received a quote from Club Car, Inc., a copy of which is
attached hereto as Exhibit “A,” via an existing contract with the Village of North Palm
Beach dated October 23, 2006, a copy of which is attached hereto as Exhibit “B”; and
WHEREAS, City staff has recommended entering into a lease agreement with
CitiCapital Commercial Corporation for such golf carts from Club Car, Inc., which
agreement has been prepared and is attached hereto as Exhibit “C”; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interests of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the lease of golf carts from
CitiCapital Commercial Corporation, and hereby authorizes the Mayor and City Clerk to
execute an agreement acceptable to the City Attorney.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: January 31, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
Date Prepared: January 31, 2007
Resolution 20, 2007
PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLlN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
-- AYE NAY ABSENT
a-
G:\attorney-share\RESOLUTIONS\citicapital financial lease for golf carts - reso 20 2007.doc
2
Date Prepared: February 1,2007
Resolution 20. 2007
EXHIBIT A
Palm ch
Palm Beach Gardens, FL
Revised
January 4, 2007
PALM BEACH GARDENS GOLF COURSE NOVEMBER 9,2006
TABLE OF CONTENTS
Proposed Equipment
Purchase Quotation
Current Fleet Return Conditions
Special Considerations
Warranties
PALMBEACHGARDENSGOLFCOURSE NOVEMBER 9,2006
PROPOSED EQUIPMENT
PRECEDENT PROFESSIONAL EDITION
Eighty (80) new 2007 Club Car@ Precedent Professional electric model golf cars
including the following standard and optional equipment:
Standard Equipment Included Optional Equipment
Monsoon Canopy Top w/ Water Drainage
Ergo Contoured Seats
20% Larger Sweater Basket
Larger Bagwell area Hinged Windshield
Premium Tread Tires
4-12 Volt Battery/ 48 Volt System
Forward Speed Setting - 13.2 MPH
360 Degree Bumper System
DupontB Surlyn Body Panels
Custom Precedent Wheel Covers
Fully Auto-matic Battery Chargers
Custom Club Logo
Rear Rain Bag Cover
Number Decals 1-80, 2 ea.
Information Holders - 1 per car
Sand Buckets - 2 per car
Freight & Installation
Color: Green
Delivery to be approximately March 2007
CURRENT FLEET
80 Club Car DSE - 2003 Model
2 Club Car DS-Gas
Initial acceptance of options & accessories
PALMBEACHGARDENSGOLFCOURSE NOVEMBER 9,2006
LEASE I PURCHASE QUOTATION
PRECEDENT & TWO UTILITY VEHICLES
We are pleased to submit the following quotation : Pricing based on the The Village of North
Palm Beach recent Bid/Resolution # 2006-73 to Award Club Car the golf car bid.
01
01
82
2
New 2007 Club Car@ Preceden
Professional electric golf cars equippec
as stated on the Proposed Equipment page.
48 Month IRFS Lease/Purchase:
New 2007 Club Car Turf 2 Gas Vehicle
48 month IRFS Lease/Purchase:
New 2007 Club Car Turf 6 Gas vehicle
48 Month IRFS Leaselpurchase
Total Lease/Purchase for all vehicles:
Two new DS gasoline vehicles for On
Course Rangers
TOTAL
$3,435.00
$4,815.20
$6,626.7 1
$135.15
$9,043.72
$1 87.50
$5,137.85
No Charge
$274,800.00
Per month
$6,626.71
$9,043.72
Per month
Per month
Per month
$290,470.43
Title to the Products shall not pass to the Purchaser until Club Car has been paid in full, but risk of
loss shall pass to Purchaser when the Products are removed from Club Car’s property. When
delivered by Club Car’s transports, risk of loss shall pass to Purchaser when the Products are
delivered to it at the place designated by Purchaser for delivery.
Club Car, Inc. must approve all credit terms prior to delivery. Customer to submit required
credit information for credit approval. The City of Palm Beach Gardens are exempt from all
taxes here in. Delivery lead-time of eight to twelve weeks normally required.
Palm Beach Gardens Golf Course Club Car, Inc.
By: By:
Title: Title:
Date: Date:
PALMBEACHGARDENSGOLFCOURSE NOVEMBER 9,2006
CURRENT FLEET RETURN CONDITIONS
Eighty (80) Club Car 2003 DSE 48 Volt Electric
Palm Beach Gardens Golf Course agrees to accept sole responsibility for the cost of:
A. Repairs to vehicles damaged due to being used for purposes other
than their intended use, or due to misuse, abuse, or vandalism.
B. Replacement equipment for vehicles with missing, damaged, or
improperly-operating equipment.
C. Repairs to improperly-operating vehicles.
D. Reduced value of vehicles that have excessive wear and tear.
The returned vehicles must meet the following conditions:
E.
F.
G.
H.
I.
J.
K.
All vehicles must be free of liens and encumbrances.
All golf cars must be in fleet running condition and capable of
running for at least nine (9) holes of golf. All other vehicles must
operate properly.
All vehicles must be the same quantity and model-year as originally
evaluated, reasonable wear and tear excepted.
All vehicles must be clean and free of trash, scorecards, pencils,
tees, etc.
All electric vehicles must have a working charger.
All vehicles must have serviceable tires that retain proper air
pressure.
All batteries must be free of corrosion and properly filled with water.
Palm Beach Gardens Golf Course
By: By:
Title: Title: Territory Manager
Club Car, Inc.
Date: Date:
PALMBEACHGARDENSGOLFCOURSE NOVEMBER 9,2006
SPECIAL CONSIDERATIONS
The following special considerations apply to Palm Beach Gardens Golf Course:
Club Car@ includes the use of the following vehicles at no charge, with the sale or lease of eighty
(80) 2007 Club Car Precedent electric golf cars.
Two new (2) Club Precedent gas-powered golf cars with all standard
equipment as fleet cars for On Course Ranger use.
These vehicles have a manufacturer’s suggested list price of more than $14,500.00. They remain
the property of Club Car and will be picked up by Club Car at the termination of the stipulated
lease or next time the club purchases a fleet of golf cars.
Factory authorized replacement parts, service, and warranty work are handled through
Professional Golf Car, Club Car’s factory authorized dealer in your area. It is Club Car’s
objective that Palm Beach Gardens Golf Course will receive professional, timely, and systematic
service.
Club Car offers technical training seminars for Palm Beach Gardens Golf Club’s employees
involved with golf car operations. These seminars are held at Club Car’s manufacturing facility in
Augusta, Georgia, and are conducted by professional educators. The club’s employees will learn
preventive maintenance and repair procedures to enhance its fleet operations. A reasonable fee
is charged for these seminars.
PALMBEACHGARDENSGOLFCOURSE NOVEMBER 9,2006
WARRANTIES
The following warranties apply to Palm Beach Gardens Golf Course:
Club Car@ warrants to Palm Beach Gardens Golf Course that its new 2007-model golf cars are
free from defects in materials and workmanship subject to the terms and conditions contained in
the attached Club Car Limited Lifetime Warranty. The two-year section of Club Car's Limited
Lifetime Warranty is extended to three (3) years.
Club Car agrees to extend a limited warranty on batteries on its Precedent Professional electric
golf car to four years, 1000 golf-car rounds, or 20,000 energy units as recorded by the
onboard computer, whichever first occurs, if the club agrees to adhere to the following conditions:
A. All batteries must be clean and free of corrosion at all times. Water
levels must be checked and maintained according to the Club Car
Owner's Manual.
B. All cars must be charged properly. The golf car facility must have
ample electrical power to charge the cars and the chargers must be
allowed to shut off automatically.
C. All cars must be rotated properly. Every car must have approximately
the same per-round usage each month.
D. All cars must be used strictly for golf course rental purposes and
should not be misused in any way.
E. Proper air pressure must be maintained in all tires as outlined in the
Club Car Owner's Manual.
If these conditions are met, Club Car will replace the batteries free of charge, labor excluded, in
any golf car that fails to provide thirty-six (36) holes of play per day. The replacement batteries
may be new or used and may be removed by Club Car at the end of the warranty period. The
replaced batteries shall remain the property of the club.
Date Prepared: February 1,2007
Resolution 20, 2007
EXHIBIT B
RESOLUTION 2006-73
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AWARDING THE BID FOR THE LEASE OF 4-WHEEL
GOLF CARTS TO CLUB CAR AND AUTHORIZING THE ISSUANCE OF A
NOTICE OF INTENT FOR AWARD OF CONTRACT AND THE EXECUTION OF A
CONTRACT IN ACCORDANCE WITH THE TERMS OF THE BID; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village issued an Invitation to Bid for the lease or purchase of eighty (80)
four wheel golf carts (“Golf Cart Bid”) and related gas towing vehicles; and
WHEREAS, having reviewed the bids submitted, the Village wishes to award the Golf
Cart Bid to the responsive bidder whose bid is in the best interests of the Village.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH. FLORIDA:
Section 1. The Village Council .of the Village of North Palm Beach, Florida, does
hereby award the Golf Cart Bid to Club Car (“Successful Bidder”) and authorizes the
issuance of a written Notice ofIntent for Award of Bid in accordance with the terms of the
Invitation to Bid. The Village Council further authorizes the Mayor and Village Clerk to
execute a contract with the Successful Bidder in accordance with the terms of the
Invitation to Bid and the Successhi Bidder’s Response thereto.
Section 2. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS E DAY OF SEPTEMBER, 2006.
(Village Seal)
ATTEST:
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County. Florida
I PROOF OF PUBLICATION
STATE OF FLORJDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Marc Kramer, who on oath
says that he is Inside Sales Supervisor of The Palm Beach Post. a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Bid in the matter of 4 Wheel Golf was published in said newspaper in the issues of mer 3. 2006. Affiant further
says that the said The Post is a newspaper published at West Palm Beach. in said Palm
Beach County, Florida, and that the said newspaper has heretofore been continuously
published in said Palm Beach County, Florida, daily and Sunday and has been entered
as second class mail matter at the post office in West Palm Beach, in said Palm Beach
Counly. Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that she/he has neither paid nor
promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.
Sworn to and subscribed before 5"' day o
epd,
Personally known U or Produced Identification
Typc of ldeniification Produced
T
LEASE OR PURCHASE OF FOUR WHEEL GOLF CARTS
BID PROPOSAL FORM
PAGE 1 OF 2
IlWe. the undenigncd, agrcc to provide. at the prices proposed on the attached bid summary
form, all supervision, labor. equipment. and materials to satisfactorily the Lease or Purchase of
Golf Carts for the Villagc of North Palm Bcach.
For any response LO this request lor bid proposals to be considered respnnsive, pages I and 2 of
the Bid Proposal Form must be signed and included as pd or the proposal package submitted
to the Village ofNorth Palin Beach.
llWe have read all of the general and spccial conditions, all specifications, and instructions. and
by the signature by a person authorized to contractually ohligate the person or entity submining
this proposal in the spxe provided below are attesting to my/our agreement with oll of the
conditions stated herein as well as attesting to the prices quoted. The undersigned Further
agrees that submission of this bid constitutes a firm offer. and that this bid nlay not be
withdrawn without consent of thc Villagc of North Palm Beach for a period of sixty (60) days
following the opening of this bid.
Contractor submitting this proposal.
VILLAGE OF NORTH PALM BEACII
REQUEST FOR BID PROPOSALS
14
Add/Altemate Unit Price S ~.LU) IC . iyr ( 'nri
Unit Residual Value 1 Purchase Option C%mm Em)
DU ~efif4
'I 1 12 VIll i-5- LEASE TOWING CART
Monthly Unit Price $ CWc (including maintenance coveridg 36 months)
(including% month term &
Add/Alternate Unit Price S
Unit Residual Value /
maintenance period
PURCHASE AGREEMENT FOR GOLF CARS
This Purchase Agreement is made as of the 3<”” day of OZ ;&pfl ,2006, by and
between the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, having
its main ofice at 501 U.S. Highway I, North Palm Beach, Palm Beach County, Florida 33408,
hereinafter referred to as the “VILLAGE”, and CLUB CAR, MC., a foreign corporation licensed
to do business in Florida, having a Florida office at 3375 All American Blvd., Or!ando, FL,
hereinafter referred to as “CLUB CAR, whose Federal I.D. is / 7 39 .pd I qza.-
In consideration of the mutual promises contained herein, the VILLAGE and CLUB CAR agree
as follows:
ARTICLE I-DESCRIPTION OF GOODS: CLUB CAR’S responsibility under this Purchase
Agreement is to provide the VILLAGE with eighty (80) new 2007 Club Car@ Precedent
Professional electric model golf cars and two (2) new 2007 Club Car@ Utility Turf 1 Gasoline
model golf cars for towing purposes (hereinafter jointly referred to as the “golf cars”) as more
specifically set forth and detailed in Exhibit “A”.
ARTICLE 2-SCHEDULE: The golf cars shall be provided to the VILLAGE no later than
November 8,2006 unlus mutunllv aereed uwn bv the parties. There shall be no charge for
delivery of the golf cars to the VILLAGE and no charge for the two (2) new 2007 Club CarE
Utility Turf 1 Gasoline model golfcars for towing.
ARTICLE 3-PAYMENTS TO CLUB CAR: Payment for the golf cars shall be made under a
separate Lease Agreement between the VILLAGE and CLUB CAR’S primary third party leasing
source., CitiCapital Commercial Leasing Corporation. The VILLAGE shall have no obligation
for payment to CLUB CAR for any expense related to the golf cars under this Purchase’
Agreement. The VILLAGE’S lease of the aforementioned goods and/or services shall be subject
to the terms and conditions of its Lease Agreement with CitiCapital Commercial Leasing
Corporation. Lease payments shall not begin until December 1, 2006.
ARTICLE +TERMINATION: This Purchase Agreement may be terminated, in whole or in
part, by the VILLAGE, only upon the default of CLUB CAR. CLUB CAR is in default of this
Purchase Agreement if: (a) The equipment provided is encumbered by any lien other than a lien
in favor of CitiCapital; (b) The filing of a petition by or against CLUB CAR for relief under the
Bankruptcy Code; or, (c) CLUB CAR does not provide the required goods to the VILLAGE
within the time set forth in this Purchase Agreement unless mutually extended by the VILLAGE
and CLUB CAR.
ARTICLE 5-FEDERAL AND STATE TAX: lhe VILLAGE is exempt from paydent of
Florida State Sales and Use Tax. The VILLAGE will sign an exemption certificate submitted by
CLUB CAR. CLUB CAR shall no: be exenipted from paying sales tax to its suppliers for
materials used to fill Purchase Agreement obligations with the VILLAGE, nor is CLUB CAR
authorized to use the VILLAGE’S Tax Exemption Number in securing such materials.
ARTICLE CINDEMNIFICATION:
CLUB CAR shall indemnify and save harmless and defend the VILLAGE, its agents,
servants, and employees from and against any and all claims, liability, losses, sndor
cause of action which may arisc from any negfigent act or omission or willhl misconduct
of the CLUB CAR, its agents, servants, or employees in the performance of services
under this Purchase Agreement provided that CLUB CAR is notified promptly in writing
by the VILLAGE of any such claim and is given the opportunity to assume the defense of
such claim. CLUB CAR'S indemnification obligations hereunder shall not extend IO any
claims arising out of the negligence or willful misconduct by the VILLAGE or any of its
agents, servants or employees, nor any negligence or wrongful act by an operator or user
of any car provided hereunder. Nothing contained in this provision shall be construed or
interpreted as consent by the VILLAGE to be sued, nor as a waiver of sovereign
immunity beyond the waiver provided in Section 768.28, Florida Statutes.
ARTICLE 7-SUCCESSORS AND ASSIGNS: The VILLAGE and CLUB CAR each binds
itself and its partners, successors, executors, administrators, and assigns to the other party of this
Purchase Agreement and to the partners, successors, executors, administrators and assigns of such
other party, in respect to all covenants of this Purchase Agreement. Except as above, neither the
VILLAGE nor CLUB CAR shall assign, sublet, convey or transfer its interest in this Purchase
Agreement without the written consent of the other. Nothing herein shall be construed as creating
any personal liability on the part of any officer or agent of the VILLAGE which may be a patty
hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than
the VILLAGE and CLUB CAR.
ARTICLE &REMEDIES: This Purchase Agreement shall be governed by the laws of the State
of Florida. Any and all legal action necessary to enforce the Purchase Agreement will be held in
Palm Beach County.
LIMITATION OF LIABILITY: THE REhEDIES OF THE VlLLAGE SET FORTH
HEREIN ARE EXCLUSIVE, AND THE TOTAL CUMULATIVE LIABILITY OF
CLUB CAR WITH RESPECT TO THIS PURCHASE AGREEMENT SHALL NOT
EXCEED THE PAYMENTS MADE UNDER THE LEASE AGREEMENT BETWEEN
THE VILLAGE AND CITICAPITAL EXCEPT CLAIMS FOR PERSONAL INJURY
AND SUBJECT TO CLUB CAR'S INDEMNIFICATION OBLIGATION SET FORTH
IN ARTICLE 6.
NEITHER PARTY SHALL BE LIABLE TO T1fE OTHER PARTY FOR ANY
' CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE
DAMAGES, WHETHER OR NOT BASED ON THIS PlJRCHASE AGREEMENT,
WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE,
EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
ARTICLE 9-INDEPENDENT CONTRACTOR RELATIONSHIP: CLUB CAR IS, and
shall be, in the performance of all work, services and/or activities under this Purchase Agreement.
an Independent Contractor, and not an employee, agent or servant of the VILLAGE. All persons
engaged in any of the work, services and/or activities performed pursuant to this Purchase
Agreement shall at all times, and in all places, be subject to CLUB CAR'S sole direction,
supervision, and control.
ARTICLE 10- ENFORCEMENT COSTS: If any legal action or other proceeding is brought
For the enforcement of this Purchase Agreement, or because of an alleged dispute, breach, default
or misieprewntiition in wmwtiori with any provisions of this Purchase Agiecment, thc
successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees,
2
court costs and all expenses (including taxes) even if not taxable as court awarded costs
(including, without limitation, all such fees, costs and expenses incident to appeals), incurred in
that action or proceeding, in addition to any other relief to which such party or parties may be
entitled.
ARTICLE 11- SEVERABLLITY: If any term or provision of this Purchase Agreement, or the
application thereof to any person or circumstances shall, to any extent, be held invalid or
unenforceable, to remainder of this Purchase Agreement, or the application of such terms or
provision, to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision of this Purchase
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 12- ENTIRETY OF PURCHASE AGREEMENTUAL AGREEMENT: The
VILLAGE and CLUB CAR agree that this Purchase Agreement sets forth the entire ugreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Purchase Agreement may
be added to, modified, superseded or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 13- WARRANT YIGUARANTY: Club Car’s Warranties andor Guarantees for the
golf cars are in full force and effect as stated in the owner’s manual for the golf cars and
incorporated herein by reference. CLUB CAR will provide a copy of the owner’s manual for the
golf cars to the VILLAGE at no expense.
ARTICLE 14 -TIME: Time is of the essence in all respects under this Purchase Agreement.
ARTICLE 15 - WAIVER: Failure of the VILLAGE lo enforce or exercise any right(s) under
this Purchase Agreement shall not be deemed a waiver of VILLAGE’S right to enforce or
exercise said right(s) at any time thereafter.
ARTICLE 16 -PREPARATION: This Purchase Agreement shall not be construed more
strongly against either party regardless of who was more responsible for its preparation.
ARTICLE 17 - INSURANCE: CLUB CAR is self insured for Products/Completed Operations
and acts andor omissions of CLUB CAR, and its oflicers, agents and employees. CLUB CAR
will provide its standard Certificate of Insurance prior to the start of any work under this Purchase
Agreement and said Certificate of Insurance will name the VILLAGE as the Certificate Holder
rather than Additional Insured.
AR?ICLE 18n REPRESENTATlONSlBINDING AUTHORITY:
{/ ..4&-Wt. c .- has full power, authority and legal right to execute and deliver
‘xiis Purchase Agreement and perform all of its obligations under this Purchrse Agreement. By
signing this Purchase Agreement, hereby represents to the
VILLAGE that hdshe has the authority and full legal power to execute this Purchase Agreement
and any and all documents necesq to effectuate and implement the terms of this Purchase
Agreement on behalf of the party for whom he or she is signing and to bind and obligate such
party with respect to all provisions contained in this Purchase Agreement.
ARTICLE 19c PURCHASE AGREEMENT DOCUMENTS AND CONTROLLMG
PROVISIONS: This Purchase Agrcement consists of the Invitation to Bid, Club Car’s Bid and
3
the terms and conditions ofthis Purchase Agreement. CLUB CAR agrees to be bound by all the
terms and conditions set forth in the aforementioned documents. To the extent that there exists a
conflict between this Purchase Agreement and the remaining documents, the terms, conditions,
covenants, and/or provisions of this Purchase Agreement shall prevail. Wherever possible, the
provisions of such documents shall be construed in such a manner as to avoid conflicts between
provisions of the various documents.
ARTICLE 20 - LEGAL EFFECT: This Purchase Agreement shall not become binding and
effective until approved by the VILLAGE Council of the Village ofNorth Palm Beach.
ARTICLE 21 - SURVIVABILITY: Any provision of this Purchase Agreement which is of a
continuing nature or imposes an obligation which extends beyond the term of this Purchase
Agreement shall survive its expiration or earlier termination.
VILLAGE OF NORTH PALM BEACH CLUB CAR, INC.
MYOR ~J
ATTEST:
VILLAGE CLERK
APPROVED AS 7’0 FORM AND
LEGAL SUFFlClENCY
4
Standard Equipment
I.:r.rircor. Canopy Top wi Water Drainage
trgo C:ontou:ed Seals
29%. Larger Sweater Basket
L.arger Ragwell area
Premium lrcad Tires
4- 12 VOR Battery/ 48 von System
Faward Speed Sm?g .- 13 2 MPI,
360 Degree Bumper System
UtiponmO Surlyn Body Panels
Custom Weceder.! Wheel Cowers
Included Optional Equipment
Costom Club Namepiale
Hear Hair1 Bag Cover
Custom Number Decals 1-60 1 ea
H~.ryed VJindstw~d
lrilorrnntion Holders - 1 per car
Sand Buckets - 2 per ctir
Permanelit On-Board T~JWIIICJ Sysltvn
Two 12) cars wilh 19 6 MPH For.varo
Speed Sell ng .- Field Irldalled for cri
Course Rangers
I ~:llyAtilc malic Hatlery Chargeis with 12
loot DC cords
Freight 8 Installa!ion
Cclo, Bcige. BlJe White, Grocr. cr Grry
ci t I capi tal'
EQUIPMENT LEASE-PURCHASE AGREEMENT
Lessee: (Name and Address)
Village of North Palm Beach
951 U.S. Highway 1
North Palm Beach, FL 33408
Lessor: mame and Address)
CitiCapitai Commercial Corporation
3950 Regent Boulevard
Irving, TX 75063
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Equipment described in Schedule A, now or hereafter
anached hereto, and all replacements. repairs. rcstorations. modifications and improvements thereof or hereof ("Equipment") in
accordance with the following terms and conditions of this Equipment Lease-Purchase Agrccment ("Lease").
I. TERM. This Lease will become effective upon the execution hereof by Lessor. The term of this Lease will commence on the
Commenccmcnt Date set forth in Schedule B anached hereto and, unless earlier terminated as expressly provided for in this
Ixase. will terminate on the Termination Date set forth in Schedule B attached hereto (the "Lease Term").
2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments. including the interest portion, In lawful money of
the United States of America, equal to the amounts specified in Schedule B The Lease Payments will be payable without notice
or demand at the office of Lessor (or such other place as Lessor or its assignee may From time to time designate in writing), and
will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on the subsequent dates set fonh in
Suheduvle 8. Any payments received later than ten (IO) days from the due date will bear intcrest at the highest lawful rate hom
the due date. As set forth on Schedule B. a portion of each Lease Payment is paid as, and represents payment of, interest. Except BS
specifically provided in Section 6 hereof, the obligation of Lessee to make the Lease Payments hereunder and perform all of its
other obligations hereunder will be absolute and unconditional in all events and will not be subject to any setoff, defense,
counterclaim, abatement, deduction 01' recoupment for any reason whatsoever including. without limitation, any failure of the
Equipment to be delivered or installed, any defects, malfunctions. breakdowns or infirmities in the Ilquipment or any accident.
condemnation or unforeseen circumstances. Lessee reasonably believes that funds can be obtained sufficient to make all Lease
Payments during the Lease Term and hereby covenants that it will do all things lawfully within its powers to obtain. maintain
and properly request and pursue funds from which the Lease Payments may be made, including making provisions for such
payments to the extent necessary in each budget submitted for the purpose of obtaining funding. using its bona fide best efTons
tohave such portion of the budget approved and exhausting all available administrative reviews and appeals in the event such
portion ofthe budget is not approved. It is Lessee's intent tu make Lease Payments for the full Lease Term if funds are legally
available thercfor and in that regard Lessee represents that the use of the Equipment is essential to its proper, efficient and
economic operation. Lessor and Lessee understand and intend that the obligation of Lesscc to pay Lease Payments hereunder
shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any
applicable cnnstitutinnal or statutory limitation or requirement concerning the creation of indebtedness of Lessee. nor shall
anyrhing contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee It IS the intention of the
parties liereto to cornply with any applicable usury laws; accordingly. it is agreed that. notwithstanding any provisions to the
conmary in this Agreement, in no event shall this Agreement require the payment or permit the collection of interest or any
amount in the nature of interest or fees in excess of the maximum permitted by appltcable law
3. DELIVERY AND ACCEPTANCE. Lessee shall order the Equipment, cause the Equipment to be delivered and installed at
the location specified on Schedule A ("Equipment Location") and pay any and all delivery and installation costs in connectinn
therewith. Lessee will accept the Equipment as soon as it has been delivered and inspected. Lessee will evidencc its acceptance
of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate (in the hrni provided by Lessor)
upon dclivcry of the Equipincnl.
FLLease
Rev July I, 2001
10!20/06 10:09 AM
CI'I'I(~APITAL is a service mark nl'Citigroup
Page I of7
Amernberdatqd
1. DISCLAIMER OF WARRANTIES. Lessee acknowledges and agrees that the Equipment is of a size, design and capacity
selected by Lessee. that Lessor is neither a manufacturer nor a vendor of such equipment. that LESSOR LEASES AND LESSEE
REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION,
QUALITY, DURABILITY. VALUE. DESIGN. OPERATION, SUITABILITY, MERCHANTABII.IIY OR FII'NESS FOR A
PARTICULAR USE OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR AS TO THE ABSENCE OF LATEN].
OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR AS TO THE ABSENCE OF ANY INFRlNGEMENT
OF ANY PATENT. TRADEMARK OR COPYRIGHT, OR AS TO ANY OBLIGATION BASED ON STRICT L~AB~L~TY IN
TORT OR ANY OTHER REPRESENTATION, WARRANTY, OK COVENANT OF ANY KIND OR CHARACTER,
EXPRESS OR IMPLIED, WITH RESPECT THERETO. RISKS INCIDENT THERETO AKE TO RE BORNE BY LESSEE
AND, IN NO EVENT SHALL LESSOR BE OBLIGATED OR LIABLE FOR ACTUAL, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT, THE MAINTENANCE
THEREOF OR OF ANY SERVICES PROVIDED HEREIN. Lessor hereby assigns to Lessee during the Lease Term. so long as
no Event of Default has occurred hereunder and is continuing, all warranties. if any, expressed or implied with respect to the
Equipment, wnning from the manufacturer to Lessor and Lersor authorizes Lessee to obtain the customary services furnished in
connection with such warranties at Lessee's expense. Lessee's sole remedy for the brcach of any such manufacturer's warranty
shall be against the manufacturer of the Equipment. and not against Lessor or its assigns. Lessee expressly acknowledges that
Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability or such
warranties of the manufacturer of the Equipment.
5. RETURN OF EQUIPMENT. Unless Lessee shall have paid all Lease Payments and other amounts due hereunder or
exercised its option to purchase as provided in Section 20 hereof. upon the expiration or earlier termination of this Lease
pursuant to the terms hereof, Lessee shall. ai its Sole expense but at Lessor's option, convey the Equipment by bill of sale (and
with respect to vehicles. also by cndorsement of title certificate) to Lessor in the condition required by Section 9 hereof at any
location in the continental United States designated by Lessor.
6. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary. in the events no
funds or insufficient funds are appropriated and budgeted in any fiscal period of Lessee for Lease Payments due under this Lease,
Lesscc will immediately notify Lessor or its assignee in writing of such Occurrence and this Lease shall terminate on the last day of
the fiscal period of Lessee for which appropriations have been received or made without penalty or expense to I.essec, except as to
Lessee's other obligations and liabilities under this lease relating to, or accruing or arising prior to. such termination. In the event of
such terminalion. Lessee shall remain obligated to either return the Equipment to I.essor in accordance with Section 5 or, if Lessee
refuses or fails to so voluntarily return the Equipment. IO pay, on demand IO Lessor, from legally available funds, the unpaid balance
ufthe lease-purchase price thereof which is stipulated to be the applicable concluding payment set forth herein Schedule R.
7. REPRESENTATIONS, COVENANTS AND WARRANTIES. Lessee hereby represents. covenants and warrants to
Lessor as or the date hereof and at all times during the Lease Term that (i) Lessee is a state or a fully constituted political
subdivision thereof within the meaning of Section 103(a) of the Internal Revenur Code of 1986, as amended (the "Code"). or its
obligations hercunder constitute obligations issued on behalf of a stale or a polilical subdivision thereof, and Lessee shall do or
cause to be done all things necessary IO preserve and keep in full force and effect its existence and this Lease; (ii) Lessee has full
power and authority under the constitution and laws of the state in which it is located to enter into this Lease and the transactions
colltemplated hereby, and to perform all of its ohligations hereunder; (iii) each officer of Lessee executing this Lease has been
duly authorized to execute and deliver this Lease by proper action and approval of its governing body at a meeting duly called,
regularly convened and attended by a requisite majority or the members thereof, or by other appropriate official approval: (iv)
tile exec,,tion, dellvery and performance of this Lease and all documents executed in connection herewith, including, without
limitations Schedules A and B hereto and tlle Delivcry and Acceptance Certificate referred to in Sccrron 3 hereof (this I.easc
together with all such documents shall be collectively referred to herein as the "Lease Documents") have been duly authorized
by all persons, govcrnmcntal bodies and agencles necessary to authorize and approve this Lease; (v) the Lease Documents
constitute [esal, valid and binding obligations of Lessee. cnforccable aeainst I.essee in accordance with their respective terms,
(vi) the execution. delivery and performance of this Lease by Lessee shall not (a) violate any federal, slate or local law or
ordinance, or any judgment, order. writ, injunction. decree, rule or regulation of any COUn or other governmental agency or body
TAKES THE EQUIPMENT AND EACH PART THEREOF "AS-IS" AND THAT LESSOR MAKES NO
applicable ,o L~~~~~; or (b) conflict with or result in the breach or violation of any tcrlll
or provision of, or constitute a default under. or result in the creation of any lien, charge. security interest or other encumbrance
on any assets of the Lessee or the Equipment pursuant to any note, bond. mortgage, indenture, agreement, deed of trust, bank
loan or credit agreement, lease or other obligation to which Lessee is a party or by which it or its assets may be bound, except as
hercin provided: (vi) in authorizing and executing this Lease, Lessee has complied with all open meeting laws. public bidding
requirenients and other laws applicable to this Lease and the acquisition by Lessee of the Equipment; (viii) Lessee has, in
accordance with the requirements of law. fully budgeted and appropriated suficient funds for the cunent fiscal year of the
Lessee to make the Lease Payments scheduled 10 come due during such fiscal year, and such funds have not been expended for
other purposes: (ix) the Equipment is essential lo the function of the Lessee or to the service Lessee provides to its citizens and
the Lessee has an immediate need for, and expects to make immediate use of, substantially all of the Equipment. which need is
not temporary or expected to diminish in the foreseeable future; (x) no lease, rental agreement or contract for purchase to which
Lessee has been a party at any time during the last five years, has been terminated by Lessee as a result of insufficient funds
being appropriated in any fiscal year; (xi) the Equipment will be used by Lessee only for the purpose of performing O~C or more
or Lessee's governmental or proprietary functions consislent with the permissible scope of Lessee's authority; (xil) there IS no
action. suit, proceeding, inquiry or investigation. at law or in equity. before or by any cow, public board or body, pending or
threatened against or affecting the Lessee. nor 10 the best knowledge of the Lessee is there any basis therefor, wherein an
unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated by this Lease or any otkr
document, agreement or cenilicatc which is used or contemplated for use in the consummation of the transactions contemplated by
this Lease; and (xiii) no event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute,
an Event of Defaull, exists at the Commencement Date. Lessee shall deliver to Lessor an opinion of Lessee's counsel in form and
substance attached hereto or as otherwise acceptable to Lessor
8.
Lessee and Lessor shall have no security interest therein.
9. USE: REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the
Equipment. Lessee shall comply with all laws, ordinances, insurance policies and regulations relating to the possession, use,
operation or maintenance of the Equipment. Lessee, at its expense, will keep the Equipment in good working order and repsir
and furnish all pans, mechanisms and devices required therefor.
IO. ALTERATIONS. Lessee will not make any altcrations, additions or iinprovcmcnts to the Equipment without I.e$sor's prior
written consent unless such alterations, additions or improvements may be readily removed without damage io the Equipment.
11. LOCATION; INSPECTION. The Equipment will not be removed from or, if the Equipment consists of rolling stock. its
permanent base will not be changed from the Equipment Location without Lessor's prior wrinen consent. which WIII not he
unreasonably withheld. Lessor will be entitled to enter upon the Equipmenl Location or clsewhere during reasonable business
hours to inspect the Equipment or observe its use and operation.
12. [,[ENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances, other than the
respective rights of Lessor and Lessee as herein provided. Lessee shall pay, when due, all charges and taxes (local. state and
federal) which may now or hereaAer be imposed upon the ownership, leasing, rental. sale, purchase, possession or usc of thc
Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails to pay said charges, or taxes when
due, or to provide the insurance required by Section IJ hereof, Lessor may. but need not, pay said charges or taxes or purchase
sucli insurance and, in such event, Lessee shall reimburse Ixssor therefor on demand, with intcrcst at the maximum rate
permined by law from the date of such payment by Lcssor to the date of reimbursement by Lessee.
13. RISK OF LOSS; DAMAGE; DESTRUCTION. Lessee assumes all risk of loss of or damage Io the Equipment from any
ca\jSe whaisocver, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall
relieve 1.essee of the obligation to make Lease Payments or lo perform any other obligation under this Lease. In the evcnt of
damage lo any item of Equipment. Lessee will iminediately place the same in good repair with the proceeds of any insurance
recovery applied to the cost of such repair. If Lessor detcrmincs that any itcm of Equipmcnt is lost. stolen, destroyed or
damaged beyond repair. Lessee, ai the option of Lessor, will either (a) replace the same with like Equipment in good repair. or
(b) on the next Lease Payment Date, pay Lessor: (i) all amounts then owed by Lessee to Lessor under this Lease, including the
Lease Payment due on such
TITLE TO EQUIPMENT. Upon acceptance of the Equipment by Lessee hereunder. title to the Equipment WIII vest in
date, and (ii) an amount equal to the applicable Concluding Payment set forth in Schedule D opposite such Lease Payment Date
In the event that Lessee is obligatcd to make such payment pursuant to subparagraph (b) above with respect to less than all of the
Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Concluding Payment to be made
by Lessee with respect to the Equipment which has suffered the event of loss.
14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed or
attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any
interest in the Equipment from any party having an interest in any such real estate or building.
15. INSURANCE. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Equipment against loss or
damage by fire and any other risks reasonably required by Lessor in an amount at least equal to !he then applicable Concluding
Payment of the Equipment, (b) liability insiirancc that protects Lessor from liability in all events in form and amount satisfactory to
Lessor, and (c) workers' compensation coverage as required by the laws of the state; provided that. with Lessor's prior winen
consent, Lessee may self-insure against the risks described in clauses (a) and (b). All insurance procceds from casualty losses shall
be payable as hereinafter provided. Upon acceptance of the Equipment and upon each insurance renewal date. Lessee will deliver
to Lessor a cenificate evidencing such insurance. In the event of any loss, damage, injury or accident involving the Equipment.
Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all infonnation and documentation
relatiiig thereto and shall pcrmit Lessor to participate and cooperate with Lessee in making any claim for insurance in respect
thereof. All such casualty and liability insurance shall be with insurcrs that are acceptable to Lessor. shall name Lessee as
named insured and Lessor or its assigns as an additional named insured and shall contain a provision to the effect that such
insurance shall not be cancelled or modified materially without first giving written notice thereof to Lessor at least thirty days iii
advance of such cancellation or modification. The Lcssee may provide required insurance as part of "blanket" coverage
maintained on its other assets. Required insurance coverage may also be provided in whole or in part by self-insurance, with
written consent of the Lessor, which shall not be unreasonably withheld. If such consent is given, Lessee will furnish Lessor
with a letter or certificate of self-insurance specifying the type and extent coverage. The proceeds of any such policies will be
payable to Lessee and Lessor or its assigns as their interests may appear. In the event that I.essee has been permitted to relf-
insure. Lessee will furnish Lessor with a letter or certificate to such effect.
16. RELEASE AND INDEMNIFICAIION. To the extent permitted by Florida law, Lessee will indemnify Lessor against,
and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities. including attorneys'
fees and court costs, arising in connection with the Equipment. including. but not limited to, its selection, purchase. ownership,
delivery, possession, leasc, use. operation, rejection, revocation of acceptance andlor return. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same
be construed to constitute agreement by Lessec to be sued or indemnify Lessor for Lessor's negligent. willful or intentional acts
or omissioiis. The indemnification arising under this paragraph shall continue in full force and effect notwithstanding the full
payment of all obligations under this Lease or the termination ofthe Lease TK~ for any reason.
17. ASSIGNMENT. Without 1,cssor's prior written consent. Lessee will not either (i) assign, transfer. pledge, hypothecate.
grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment
or (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may
assign its rights. title and interest in and to thc Lease Documents. the Equipment and/or grant or assign a security interest in this
Lease and the Equipment, in whole or in part, and Lessee's rights will be subordinated thereto. Any such assignees shall have all
of the riglits of Lessor under this Lease. Subject to the foregoing, this Lease inures to thc benefit of and is binding upon the
successors and assigns of the parties hereto Lessee covenants and agrees not to assert against the assignee any claims or
defenses by way of abatement. setoff, counterclaim. recoupment or the like which Lessee may have against Lessor. [Jpon
assignment of I.essofs intcrcsts herein, Lessor will cause written notice of such assignment to be sent to Lessee which will be
sufficient if it discloses the name of the assignee and address to which hnher payments hereunder should be made. No funher
action \"ill be required by Lessor or by Lcssee to evidence the nssignmeiit, but Lessee will acknowledge such assignments in
writing if so requested. t.cssee shall retain all notices of assignment and maintain a book-entry record which identifies each or Lessor's interest in the Lease llpon Lessee's owner
. . -- - . ..
receipt of written notice of Lessor's assignment Of all or any part of its inleresl in the Lease, Lessee agrees to attorn 10 and
recognize any such assignee as the owner of Lessor's interest in this Lease, and Lessee shall thereafter make such payments,
including without limitation such Lease Paytnents. as are indicated in the notice of assignment. to such assigner. Lessee waives
and will not assert against any assignee Of Lessor any claims, counterclaims. claims in recoupment< abatement, reduction,
defenses. or set-offs for breach of warranty or for any other reason which Lessee could assert against Lessor. except defenses
which cannot be waived under the Uniform Commercial Code
18. EVEhT OF DEFAU1.T. The term "Event of Default," as used herein, means the occurrence of any one or more of [he
following events: (i) Lessee fails lo make any I.CaSe Payment (or any other payment) as ti becomes due in accordance with thc
terms of this Lease, and any such failure continues for ten (IO) days after the due date thereof; (ii) I.essee fails to perform or
observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured
within twenty (20) days aner wrincn notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or
warranty made hy Lessee in this Lease or in any wiling ever delivered by Lessee pursuant hereto or in connectiotl herewith was
false, misleading, or erroneous in any material respect; (IV) Lessee becomes insolvent. or is unable to pay its debts as they
become due, or makes an assignment for the benefit of creditors. applies or consents to the appointment of a receiver, trustee,
conservator or liquidator of Lessee or of any of its assets. or a petition for relief is filed by Lessee under any bankruptcy,
insolvency. reorganization or similar laws. or a petition in, or a proceeding under, any bankruptcy. insolvency. reorganization or
similar laws is tiled or instituted against Lessee and is not dismissed or fully stayed within twenty (20) days after the filing or
institution thereof; (v) Lessee fails to make any payment when due or fails lo perform or observe any covenant. condition, or
agreement IO be pcrformed by it under any other agreement or obligation with Lessor or an affiliate of Lessor and any applicable
grace period or notice with respect thereto shall have elapsed or been given; or (vi) an attachment, Icvy or execuiiun is
threatened or levied upon or against the Equipment.
19. REMEDIES. Upon the occurrence of any Event of Default. and as long as such Event of Dcfault is continuing, Lcssor
may, at its option. by written notice to Lessee, declare an amount equal to all amounts then due under the Lease, and all
remaining Lease Payments due during the fiscal period of Lessee in which the default occurs to be immediately due and payable,
whereupon thc same shall become immediately due and payable. Further. if an Event of Dcfault shall have occurred, upon
written request hy Lessor, Lessee shall within thirty (30) days cause the Equipment (together with all documents necessary to
transfer legal and beneficial title thereto 10 Lessor) to be delivered to Lessor in the condition required by Secrion 9 hereof at any
location in the conlinental IJnited States designated by Lessor. If Lessee fails or refuses to voluntarily transfer the Equipment to
Lessor as hercin provided, Lessor shall havc the right to obtain a judgment against Lessee for compensatory damages in the
amount of the then applicable Concluding Payment amount set forth in Exhibit E. plus interest thereon in accordance with
Secrion 12 to the date of payment. If the Equipinent has been destroyed or damaged beyond repair, Lessee shall pay the
applicable Concluding Payment amount set forth in €xhibir B to Lessor. Following an Event of Default. or upon failure of
Lessee to voluntarily comply with Sscrion 5 hereof following a termination of the Lease pursuant to Secrron 6. Lessor shall have
whatever rights and remedies are available at law against Lessee's legally available fundr for compensatory damages and
Lessor's damages shall include, without limitation, all legal fees and other costs and expenses, including court costs, incurred by
Lessor with respect to the enforcement hereof and the collection of any judgment; provided. however. that Ixssor and Lessee
agree that there is no intention to create under this Lease a right in Lessor to dispossess Lessee involuntarily of the legal title to
or the use of the Equipment. Lessor hereby irrevocably waives any right to specific performance of Lessee's covenant to
transfer legal title to and return possession of the Equipment to Lessor. If Lessor terminates this Lease and receives possession
of the Equipment, Lessor shall within sixty (60) days thereaner use its best efforts lo sell the Equipment in a commercially
reasonable manner at public or private sale and apply the proceeds ofsuch sale to pay the following items in the following order.
(a) 1111 costs and expenses of receiving possession of the Equipment and completing the sale thereof* (b) the applicable
Concluding Payment amount, and (c) the balance of any Lease Payments owed by Lessee during the fiscal period of Lessee then
in effect. Any sale proceeds remaining after the requirements of clauses (a), (h) and (c) have been met shall be for the account of
I,essec and shall he remirted in Lessee. If the proceeds of sale of the Equipment arc not sufficient to pay the balance of any
Lease Payments owed by Lessee during the fiscal period of Lessee thcn in effect, Lessor may pursue such other remedies as are
available at law or In equity to collect the balance of such Lease Paynients from Lessce's legally available funds Lessor may
sell the Equipnlent without giving any warranties as lo the Equipment and may disclaim any warrantics of titlc. possession. quiet
enjoyment, or the like. This procedure will not be considered to adversely affect the commercial reasonahleness of any sale of
the Equipment.
20. PREPAYMENT OPTION. Upon thirty (30) days prior written notice from Lessec. and provided that there is no Event of
Default, or an event which with notice or lapse of time. or both, could become an Event of Default. then existing. Lesscc will
have the right to purchase the Equipment prior lo the Termination Date on any Ixasc Payment Dale set forth tn Schedule B by paying to Lessor, on such date. the Concluding Payment as set forth in Schcdirle I]. Upon satisfaction by Lessee of such
purchase condttions, Lessor will lransfcr any stid all IJr its right. tillc and lntrrcsl in the Equipment to Lcssce AS IS, WITHOUT
WARRANTY, EXPRESS OH IMPLIED
21. TAX ASSUMPTION; COVENANTS. Lessee hereby covenants with respect to this Lease that (i) neither the payment of
thc Lease Payments hereunder nor any portion thereof is secured by any interest in property used or to be used in a Wade or business
of a non-exempt person (within the meaning of Section 103 of the Code) or in payments with respect to such property or is derived
from payments with respect to property. or bonowed money, used or to be used in a trade or business of a non-exempt person
(within the meaning of Section 103 ofthe Code); (ii) no portion ofthe Equipment will be used directly or indirectly in any trade or
business carried on by any non-exempt person (within the meaning of Section 103 of the Code); (iii) it will not take any action or
permit or suffer any action to be taken or condition to exist if the result of such action or condition would be to cause its
obligation to make Lease Payments to be guaranteed. directly or indirectly. in whole or in pan. by the United States or by any
agency or instrumentality thereof; (iv) 11 will neither take any action (including. without limitation, entering into any leasc,
sublease, output contract. management contract. lake-or-pay contract or other arrangement) nor omit to rake any action if the
result of such action or omission would be Io cause the interest portion of each Lease Payment to become includable in the
income of Lessor for purposes of federal. stale or local income tax; (v) it will provide (or cause to be provided) to Lessor such
other information as Lessor mas reasonably rcqucst from Lessee IO enable Lessor to fulfill tax filing. audlt and litigation
obligations. including, but not limited lo, federal and slate income tax filing obligations; (vi) it will timely file a statement with
respect to this I.ease in the form required by Section 149(e) of the lnteriial Revenue Code of 1986. as amended (the "Code"); and
(VII) neither take any action or omit to take any action itthe result of such action or omission would be to cause this Lease to be
an "arbitrage bond" within the meaning of Section 148 of the Code. If this Lease is accompanied by an Escrow Agreement,
L.csscc will execute and deliver to Lessor an Arbitrage Certificate (in the form provided by Lessor).
If Lessor receives notice. in any form, from the Internal Revenue Service or it IS determined based on an opinion of
independent tak cu~n~el selected by Lessor and approved by Lessee, which approval shall not be unreasonably withheld, that the
interest portion of any I.easc Payment is includable in the income of Lessor for purposes of federal, state or local income tax.
Lessee, at its option, shall either (i) pay the Concluding Payment as providcd in Secfion 20 hereof and terminate the Lease or (ii)
within 30 days after notice from Lessor. pay Lessor an amount which will restore to Lessor its after-tax yicld as contemplatcd by
this transacrion from the date that the interest portion became taxable rhrough the date of such additional rental payment and will
funher pay additional rent to Lessor on each succeeding Lease Payment Date in such amount as will maintain Lessor's after-lax
yield as contemplated by this transaction.
22. NOTICES. All notices to be givcn undcr this Lease shall be made in writing and mailed by certified mail. rctum receipt
requested, to the other party at its address set fonh herein or at such address as the pany may provide in writing from time to
time. Any such notice shall be deemed to have been received five days subsequent to mailing.
23. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and arc not
intended io define or limit the scope of any provlsion of this Lease.
24. GOVERNING LAW. Thls Lease shall be construed in accordance with, and governed by, the laws or the state of the
Equipment Location.
25. DELIVERY OF RELATED DOCUMENTS.
documents and information as arc rcasonably necessary with respect to the transaction contemplated by this Lease
26. ENTIRE AGREEMENT; WAIVER. The Lease Documents constitute the entire agreement between the panies with
respect 10 the leasc ofthc Equipment nnd shall not he contradicled hy any nral representations made prior to. contemporaneously
with or subsequent to the date hereof nor do any oral agreements presently exist between the panies which have not been
reduced 10 writing This lacase shall not be modified. amended, altered, or changed except with the written consent of Lessee
and 1,cs~or. ~ny provision of this I.ease found to be prohibited by law shall be ineffective to the extent of such prohibition
without Invalidating the remainder or this Lease. The waiver by Lessor of any breach by Lessee of any term. covenant or
condition hereof shall not operate as a waiver of any subsequent breach thereof.
Lessce will execute or provide, as requested by Lessor, such other
JTHE KEMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK1
IN WIlNESS WHEREOF, the parties have executed ihis Lease.
Lease Dare:
LESSOR. CitiCapital Commerclal Corporation
~- / BY -
ATTEST:
----
A citicapitalJ
REQUEST AND AUTHORIZATION BY THE UNDERSIGNED FOR THE ACCEPTANCE AND
EXECUTION OF A FAXED COPY OF THE CONTRACT OF EVEN DATE HEREWITH EXECUTED
BY THE UNDERSIGNED
111 order to expedite the acceptance and execution by CitiCapilal Commercial Corporation
("CitiCapital") of the security agreement or lease ("Contract") executed by the undersgned as
Debtor or Lessee on even date herewith the undersigned has requested that a copy of the Contract
and supporting documents be faxed to CitiCaPital at its office at the following fax number
(hereinafter, 'CitiCapital's Localion")
Fax Number i888mo-4ioz
The undersigned requests that CltiCapital review the faxed copy of the Contract and supporting
documents If the transaction is approved by CitiCapital. the undersigned requests that CiliCapilal
(I) accept the transaction at CitiCapital'S Location based upon the faxed documents and (11) execute
at CitiCapital's Location. the faxed copy of the Contract and supporting documents The
undersigned further agrees (a) lo be bound by the faxed copy of said Contract as executed and
accepted by CitiCapital at CitiCapital's Location, (b) that the original will also be forwarded to
CitiCapital at CitiCapital's Location together with the supporting documents and (c) that the original
can then be executed and accepted by CiliCapital at CitiCapital's Location and substituted for the
faxed copies which shall be binding upon the undersigned until the originel documents hove been
received and executed
- VILLAGE OF NORTH PALM BEACH
(Debtor o&essee), / ' i /'--.>
@2Wa
I 00 WRWd
CITICAPITAL IS a SCMCC mark of Cilicor~.
LESSEE: VILLAGE OF NORTH PALM BE.ACH FL
OPIXIOX OF COUXSEL
With iriyect to that ccitain Equipment LeasE-Purchare Agieuuwt (Lease'') dated by and between Lesso
aud Lessee, I iu~l of the opuiion that: 0) Lessee is a taxexempf entity iinder Section 103 of the lnleiunl rweuuc Code o
1986, as mcuded; (11) the executiow delivci); mud perfortnauce by Lessee of the Lease have been duly authorized by a1
uccesraiy action ou the part of Lwee; (In) the Lease constitutes a legal, valid and bindins obligatim of Leswe mfarcesbi,
iu sccorduicc with rems and all sraiements coutniucd in the Lease ad all related instnuncuts arc t~e;(I\!) there are uo ~11~t~
proceeding$ M m..cstigationr pending or. 10 my knowledge, Uueatened agaiurt or afFectiug Lessee. at IJIV 01 in equity , 0)
Lcfoie OT by any govermeoral 01' administ1atli.e apcy 01 inihummlality nhich. if advmely deturmned. li*onld hnvc I
tuareiial adveibe effect 011 the Kan%aCtiou coatctuplnled in the Lcsre or Ibe abilq of Lessee to pcrfonn its obligation% undc
ihc Lease and Lessee is uof in defaiill trudcr any tuatefirl obligation for the pqment of borrowed money: foi the defare
yiucbnse pice of properly OT for the payuxut of auy reut uuder my leare ngiremnt which either individually 01 in th1
ag-pgate woiild haw the same s~ch effen; and (V) all requiied public biddiuz procedures resarardiug the award of the Leaso
have buu fdlowed by Lessee aud uo goverume~~td orders, yetruis&ions, COUS~U~S, app~ovslr or authorirationr are quire,
to be obtained and no registi ntionr or declaratiour ale required to be filed in connection with the execution aud delixwy of th
Lease
Bp. Date:
The Law Ofice of
Glen J, Torclvia and Associates, PA.
Northpoint Corporare Center
701 Nmthpoint Parkway
Suite 2C9
West Palm Beach Fhida 33407-1 950
Glen J fcrcivic
Lam Donbn
Chris3 Goddrsu
October 20, 2006
Telephone
(Sal) 686-8730
561) 686-8764
plrn @torsivinlru. corn
Td&X
Emall.
CitiCapital Commercial Corpordon
3950 Regent Boulevard
Irving, TX 75063
Ladies and Gentlemen:
Glen J. Torcivia & Associates, P.A., is co-counsel for :lie Village of North Palm Beach, e
Florida municipal corporation ("Lessee"), with respec1 to tho1 cmnin Equipment Lease-Purchase
Aprwmem for golf cars to be provided by Club Cars, Inc., by and batwben CitiCapital
Commercial Corporation ("Lesror") and Lessee. In connection therewith. we hsvc been asked to
deliver this o3inion with rwpcct to certain aspect8 of thc Lese. Capitalized krmr used herein
and not othcnvisc defined shall have the meanings srcribcd thcre:o in the Lease.
Chriaty L. Goddcaq Esq.
SCHEDULE A
EQUIPMENT DESCRIPTION
Lessor hereby leases to Lessec rmdeer .and punit.int to the Leaw and Lcssee hereby lease\ from Lrssor
nndm and pmuuit to the Lease the Followmg iteins of Equipment
SCRIF'TIOti (MANUFACTURER. MODEL Ah3 SERIAL KO.') SUPPLIER A
Lei- duU Lr;. tL. rib1 IO 1- Sitid Yw. at t,w olD~:nm P >.-CC~DN.
(80) CLUB CAR GOLF CAR ~ ELEC'TF3C PROE
CLUB C.4R GOLF C.4R - UTILITY TlC ('I k .4L COMPLETE MTH ATThCHMENTS AND ACCESSORIES
CLUB CAR, INC. ~ RORlDh
3375 ALL AMERICAN BLVD
ORLANDO FL32SIO
Equipmeat Location:
951 U S HIGHWAY 1
NORTH PALM BEACH FL 33408
BY
TITLE
DATE /<&?Ab
SCHEDULE B -ULLAGE OF NORTH P.UM BL4C:H. FL
Compound Peiiod hloathly
Nominal Annual Rate. 5.600 %
CASH FLOW DATA
Event Dan .%mount Sumbtr Period End Date
1 Loan 12~01~2006 274,800.00 1
2 Pnpeur 12:01:'3006 i,919.?2 36 Monftly 11:01/2009
3 PXymeur 12/01i?009 92,000.00 1
.\MORTIZATION SCHEDULE -Normal .hot-tizntion
Lease Lcnrr Ilittrcrt PI iiicipnl Coiitludiii:
Paylntiit Paymcnr Bnhiicr
Loan IU01/2006 27J.800.00
Dan
I 12!01?2006
1006 Totali
2 oc
1 OliOli2007
3 02i01i200i
4 03iOliZOO7
j OUO1~2007
6 OkOIiZ007
7 06iOli2007
S 07/01i2007
9 08iO112007
IO 09iOli2007
II lO;OIiZ00i
12 11?01/2007
13 12;'0112007
Totals
11 01/01!2008
16 03/01.'1005
18 05;01;2008
19 06i01/2008
20 07i01/2008
11 08?01i2008
22 09/01/2008
13 10/01~2008
21 1 l~OI'~O08
15 12;01!200S
I5 02101i2008
17 04io1/2ooa
2008 Toral,
16 OliO1!2009
27 02'0112009
29 03/01:'2009
29 04/01!2009
30 05:01iZ009
31 06~01i2009
32 07:'001/2009
5,929 71
j,929 72
5,929.72
5.929.72
5:929.12
5,929.72
5.929.12
5,929.72
5.929 72
5:929.7?
2,929 72
j!929.72
5,929.72
j:929.7 2
X,Ij6.64
i.929.72
5:9:9.72
5;929.?2
5.929.72
5,929.72
5,92 9.11
5.929.12
5.929.?2
5,929.72
5.929.12
5.929 72
3,929.72
71,156 64
5.929.72
5,929.12
5,929.71
i,929.?2
5.92 9.? 2
5.919.72
5.929.72
0 00
0 00
1 2)Q 73
1232 91
1 210 99
116685
1 I4462
1 12229
1 099 66
1 077 32
1,031 92
1,009 07
13.594 20
986 IO
963 03
939 85
916 57
893 17
969 67
546 06
822 33
774 55
750 49
726 32
I 18E9i
I 024 61
798 50
10.286 64
702 04
677 65
653 14
626 51
603 ?7
518 92
553 9s
5,929.77
j.929 71
4,674.99
4,696 81
4,718.73
4,740.75
4,762.67
4.785.10
4.807.43
1,829.86
4: 85 2 .JO
4.87S.05
1,597.SO
1,920 65
57,562.44
4,943.63
1,966.69
4,989.s-i
5,013.1 5
5>036.55
5,083.66
5,107.39
5.131.22
S.155.li
3.179.23
5:?03 JO
60.870 00
5,060.05
jz?27.6S
5.276 sa
3.301.21
5.325.95
j.350.80
5;375.l?
5,252 07
169.870.25
26d.195.29
254.779.75
250,039.00
245.276 13
140,491 03
235,653 60
230,853.71
226.001.34
72 I, 126.29
216.~8.39
211.301.84
259.498.38
206.361.21
201,397.53
196,407.66
191,394.5 I
186,357.96
181,29?.9L
1?6,214.25
17iIio6.a6
165,975.64
160,820.37
1 55,641.24
150,437 84
145,210.l6
139,958.09
134,681.5 I
129,380.30
124,054.35
118.703.55
113,327.78
0920:2006 2 18 56PM Page 2
jj 08'01i2009 5929 ?2 528 E6 5.400 S6 107;926.92
34 09/01i1009 i;929.?? 503.66 5,426 06 102,100.86
33 10~0112009 5,929.72 178.34 5 451.38 97.04918
36 lli01!!009 >.929.72 1J2.90 j,476.S2 91,551.66
37 12iOli!O09 92.000.00 423.31 91,5?2 66 0.00
2009 Torah I W.n6.9? 6.789 08 150,437 84
Gland Totals 305.469.92 30.669 92 ?71,800.00
SCHEDULE C
DELIVERY AND ACCEPTANCE CERTIFICATE
Rusimt ro tht cerhln Eqiuptnent Lease-huchase Agrecmeut darcd as of
(“Lease”), rhc undersigned Lcssee hereby ahonledges rcceipr of the cqiupiiiclit, a5 more fully
desmbcd in Schedide A ro rhe Lease (“Equipinent’? is iiisulled and in good woikiiig coliditlou and
Lessee hereby acccpts the Equipment aRer fi~U nispectlon tlicreof as snnsfncrory for nll piupotcs under
the Lcasc excciited by Lessee atid Lessor 8s of the datc set fcnh belo\v
(80) CLUB CAR GOLF CAR - ELECTRIC PRO E
ALL COMPLETE WITH ATTACHMENTS AND ACCESSORIES
( 1) WCLLB CAR GOLF CAR - LTILITY TI G
(Please note Sad Nunber next to umt)
LESSEE: VILLAGE OF SORTH PALM BEACH, FL
TITLE: -
DATE ACCEPTED:
INCUMBENCY CERTIFICATE
I do hcrchy certify that I am the duly elected or appointed and acting SecretarylClerk of VILLAGE OF NORTH PALM
BEACCI (“Lessee”), a body corporate and politic duly organized and existing under the laws of the State of FL thal I have
custody of the records of Lessee. and that, as of thc date hereof, the individuals named below are the duly elected or appointed
omcers of Lessee holding the offices set forth opposite their respective names. I further certib that the individuals named below
have a thori d the Mayor by Village Resolution lo enter into that certain Equipment Lease Agreement daied or to be dated
/t$?&,$ k ., between Lessee and CitiCapital Commercial Ixasing Corporation.
- NAME
David B. Norrir Mayor
Edward M. Eirscy Vice-Mayor
William Manuel President Pro Tem
Charles R. O’Mcilia Councilman
Darryl Aubrey Councilman
I. the undersigned. duly qualified and appointed Clerk do hereby certify the above
LESSFE VILLAGE OF NORTH PALM REACH. FL
WIINESSEDBY c $‘:,,-:*< Ld:, LyT
TITLE Li%pz. ’+ : ;/,3L&
(Village perso net no listed above)
/’
Information Return for Tax-Exempt Governmental Obligations
1 Under Internal Revenue Code section 149(e)
b See separate instructions. C!A6 No 154Mi20 (Rev U3v IqWi
Form 8038-G I Caution: Use Form 8038-GCiifhe issue Dnce M underSfO0,OoO) I '.'-I .---,
:epmmdorhr rrcwr) mml Rmxe SCrdR mm men e etm, c ec ere 1
1 Issuwsnanie 2 ISIY~I'S rmployrr idtnlincriion numkr
3
VILLAGE OF NORTH PALM BEACH, FL
Number nnd street (ci P.O. Lmx it mail is not delivered (0 drecl address) I Raomkull* 1 4 Reporinumber
G 2002. 951 U S HIGHWAY 1
5 CW. low or cos! once. state. and ZIP code , 6 Dale of iisuc
7 Nan= of 1sst.e
9
NORTH PALM BEACH FL 33408
8 CUSlP nunikr
Eqwpiiicnt Leasc-hirchase Agrccmtut Dated 144
~aiie an3 I le 31 ollscr cr .egod fcprescn:al~vc vhcm Ihe IRS may can lor mora ~nformstoh
I f Issue (check applicable bOXfeS) and enter the issue price) See insbuuceonrandnmch schedule
I 4. I
12 0 Health and hodpilal
13 0 Transpatatton
14 0 PuWlcrafely
15
16 0 nowlng
17 0 Ublibes
18 €4 Olher Dewiue Club Car Golf Cars
0 Envroirmenr (iiicluding sewage bonds) ..
t:: I
23
24
lasiie price of entire ibsue (enkr anmunl fmm line 2 1 cdunut (bj)
Pmceeds used br bond issuance cosls (ncluding undcmmten disco~td)
nqUired resew or replacement hind
12
33
34
Enter the remanulp vmqhled average maavtrv of the bands IO be advance Munaed '?years
b N:A
NIA
- - Enler he 1-1 4ak on whtch he refunded bands \rfl be de4
Eider Ihe date(s) the rcllnded bonds Wem iumd 1
Miscellaneous
mer Ihe amcud of the stale volume cap albcated b th e itsue under
3~~
b
b
Fnker IIm m~unl of ~mrr poucdr lnrrsbd or b he lnrrcted 40 a guaranteed invrsment cmlncl hee .nrlmnonr)
Enter he final nmlurlty date of he gunranteed irrrcstment Cdrad 1
Polled finmcmgs a Pmcceds cd this issue hat arc lo Ix tnul to make loans 10 olhw go\errmrcnhl unib
If lhis issue is J loan mndc from Ihe ProCcedS of inother lax eiempl issue check BOX
issuer 1 end Ihe dnlt of the iswe t
37
0 and en er e nonw o
38
39
40
If me issuer has dagnalcd Ihe iuue under sxti011265~K3KUY,i)(lll) Isnlall muer exception) check bax
If hc nsuer has elecled lo pay a penalty n lieu 01 allltlraue rebate. check box
11 me msuer has l4enmted a hedge. check box
1n
to to
Under penallies of peguy. 1 declore that I have uanuned Ihis Pelwn and accompanyrng schedules and tlalenrarts and to the best -
Please f,
- __ Sign b L! L,
Here Signalun of rswurr's nulhomd repreenblm Dale type DT print name and tiUe
For Paperwork Reduction Act Nolice. see pnoe 2 of lhe ilulructiona Cat No d3ii3S Fc.n 8018 C, Rev -25
Pursuant to Section 13 of the Equipment Lease-Purchase Agreement dated as of
, Lessee is obligated to provide insurance coverage naming CitiCapital Commei cia1
Leasing Corporation as Loss Payee and Additional Insured Please complete this form and return it
with your documentation package and contact your insurance agent to forward a Certificate of
Insurance showing coverage If you are self insured, please note as such below
PHONE
UNDERWRITER/AGENT COMPANY
ADDRESS
CITY - STATE ZIP
CONTACT fi, ,,,id<# I 1- 1 IrC h PHONE qh/ - Pit 171 .?
POLICY NO ___
PUBLIC LIABILITY AMOUNT DEDUCTIBLE
EXPIRAT ION DATE
PHYSICAL DAMAGE AMOUNTS. COMPREHENSIVE. DEDUCTIBLE
PHYSICAL DAMAGE AMOUNTS COLLISION J- DEDUCTIBLE
OTHER COVERAGE AMOUNTS DEDUCTIBLE
OTHER COVERAGE AMOUNTS DEDUCTIBLE
INDICATE IF SELF-INSURED, OR IF POLICY IS CONTINUOUS:
SELF-INSIJRED I/ YES NO
ALL L/ OTHER LIABILITY / PHYSICAL DAMAGE
CONTINUOUS UNTIL END OF LEASEiPURCHASE AGREEMENT YES NO ___
FACT SHEET
PLEASE RETURN THIS SHEET WI H THE FINANCIAL STATEMENTS
LEGAL NAME OF ENTITY (),/loclc }dr! li, f~lo~ &+(h
DEPARTMENT USING EQUIPMENT ,L:, il, l?<ln, 1i.t c/l (f r..l/>y { /Uj
FEDERAL ID NUMBER
NAME OF COUNTY i’cc in, ?a? r;c I,
7-7 - (It l7‘/P’/
STREET ADDRESS Please give complete physical street address Do not gtve address
q; 1 I( 5 nrqhLltr‘f Jr I
AI.* :I, E:/,?? &+l(./,
F/c I Id(( , 3 ? ‘It P
wlth P 0 Box as express delivery will not deliver to it
BILLING ADDRESS Please indicate any special billing instructions that are required to
avoid lale payments and subsequent late charges
.slllllC (15 CZ/JL CV
ACCOUNT PAYABLE
CONTACT - \<t‘r7 ad J&C4 n TELEPHONES (?c/)~~/F’- <3dy
SIGNATURES Please print or type names exactly as the person will be signing the
Document Signatures are not required here
D~ivid LLsidA
mzr K ?jcLks
<- .>flh,+CL ~In)&--
AUTHORIZED OFFICIAL Name J)Ll\I(\ hiCCIt5
Title t-I nq.-*-
ATTORNEY SIGNING OPINION OF COUNSEL
Name TELEPHONE t: -
_-.
MAJOR REVENUE SOURCE d~)th ?.h f5<c\O-l CCUrit>\/ W L\LLL *uh<\
BANK REFERENCE
CONTACT NAME TELEPHONE #
.
NORTH PALM BEACH COUNTRY CLUB
951 U.S. Highway One, North Palm Beach, FL 33408
(561) 691-3420 (561) 626-9570 fax
CitiCapital Commercial Corporation
3950 Regent Blvd S2A-210
Irving TX 70563
Gentlemen:
RE: Equipment Lease-Purchase Proposal
I am furnishing the following information to facilitate the credit review process for the
proposed Equipment Lease-Purchase transaction.
A detailed explanation of the use and application of the equipment is as follows:
The equipment is essential to the organization for the following reasons:
This equipment replaces previous equipment. Yes
If yes, the previous equipment was originally purchased in 2002
Other equipment being used for the same purpose consists of. none
The useful life of the equipment in the operation of the department is. 3 years
The future plans for the equipment are. customer use
The program/department has been in operation for 50 years
The source of funds for the payments due under the Equipment Lease-Purchase
Agreement for the current fiscal year is the North Palm Beach Country Club fund(s)
The fund(s) generates its revenue from: North Palm Beach Country Club customer fees
Sincerely,
_r .
951 U.S. HIGHWAY L
NORTH PALM BEACH FL 3340R Address:
Stale of Sales
Tax Reglstratlon: L.c- 23. I\.~~q7/-i'lc
BLANKET CERTIFICATE OF RESALE
1 This is to certify that all malerial. merchandise, or goods purchased by the undersigned from:
CLUB CAR, INC. -FLORIDA
3375 ALL AMERICAN BLVD
ORLANDO FL 32810
~~lb~?~~bt'r~ 1 . 2M.c
(Date) ' is purchased for the followtng purpose:
Resale as tangible personal property I- I A Rental as tangible personal property
To be incorporated as a material part of other tanglble personal property to be produced tor
sale by manufacturing, assembling, processing or refining. I-
To be exported lor sale, use or consumption outrlde the contlnental limits of the Unlted I- States. I A Exemptlon under Federal, State, or Local Governmental Laws.
Other:
Thlr certificate shall be considered a part of each order whlch we shall glve unless otherwlse stated. This
certificate Is to continue In force until revoked
CERTIFICATE NUMBER:
INSTRUCTIONS: (Please print or Type)
I PURCHASER - FI in Company s Legal Name #nd&ng -dW
2 ADDRESS. Canpele mling eddrass
3 STAE OF REG . The Sale wilh which varrc&cale number IS Llcd Please mmplele one form for each 6181~ of registratton
4 DATE ~ Fll in appmximale dale of fin1 purchase with Club Car, inc
5 Check the mod apprcpnate intended purposed the pumhase
6 CERTIFICATE NUMBER -Indde ywr mrtificale number issued by the slate in which
you ere regislered
7 BY - Sognatwe 01 penon authonzed by ywr Company
8 AS ITS - TtUe of authorized perscf~ stgning
NOTE PLEASE RETURN THIS CERTlflCATE ALONG WIM YOUR CONTRACT DOCUMENTS TO
CmCAPITAL COMMERCIAL CORPORATION
Golf h Turf Documsntation
3950 Regent Blvd SuL210 Iwing.TX 75063
_.____---___ [ PROFESSIONAL GOLF CAR COR? 1 -
M&ILN/OKEECHOEEE
1705 K lndm U.
Stuart, FL 34995
Fax: (772) 463-1828
Phone: (772) 463-1705
www.progolfcar.com
PALM BFACH CO UNM
5385 Lake Worth Rd.
Greewres, FL 33463
Toll-Free: (800) 334-5058
Z LUClVlNDIAN RNER
6420 US. Highway 1
Port St. Lucie, FL 34952
Phone: (772) 460-7700
Fax: (772) 460-2288
LoCal: (561) 433-2500
Fax: (561) 433-2919
Addendum to CltiCaoital/lRFS 2006 Golf Car Lease
Resolution 2006-73
At the end of LeaselPurchase term (36 months), a $1,150.00 per car balloon note will
be due to CitiCapital. The Village of North Palm Beach will have two (2) options.
1) Pay the 592.000.00 balloon note and take full possession of the eighty (80) car golf
car fleet and two (2) Turf 2 utility vehictes. (see schedule B amortization schedule
and month thirty.seven (37))
OR
2) Walk away and pay nothing. Professional Golf Car Corporation (PGC), North Palm
Beach's authorized dealer and service provider, will be responsible for making the
final balloon payment of S92.oOa.00 to CitiCapital and (PGC) would then take full
possession of golf car fleet and two Turf 2 utility vehicles. All Cars must be in full
operating condition with no major damage and each car must have a working
charaer.
This Addendum is binding upon and inures to the benefit of the Village of
North Palm Beach and PGC and their legal representatives, successors,
and assigns.
Earle Johnstoi
Date.- /&/J&/@b /
DAVID €3. NORRIS, MAYOR
VII.I.AGE OF NORTH PALM BEACI1
Date Prepared: February 1,2007
Resolution 20, 2007
EXHIBIT C
cit icap i tal"
EQUIPMENT LEASE-PURCHASE AGREEMENT
Lessee: (Name and Address) Lessor: (Name and Address)
CitiCapital Commercial Corporation
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Equipment described in Schedule A, now or hereafter
attached hereto, and all replacements, repairs, restorations, modifications and improvements thereof or hereof ("Equipment") in
accordance with the following terms and conditions of this Equipment Lease-Purchase Agreement ("Lease").
1. TERM. This Lease will become effective upon the execution hereof by Lessor. The term of this Lease will commence on the
Commencement Date set forth in Schedule B attached hereto and, unless earlier terminated as expressly provided for in this
Lease, will terminate on the Termination Date set forth in Schedule B attached hereto (the "Lease Term").
2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in lawful money of
the United States of America, equal to the amounts specified in Schedule B. The Lease Payments will be payable without notice
or demand at the office of Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and
will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on the subsequent dates set forth in
Schedule B. Any payments received later than ten (10) days from the due date will bear interest at the highest lawful rate from
the due date. As set forth on Schedule B, a portion of each Lease Payment is paid as, and represents payment of, interest. Except as
specifically provided in Section 6 hereof, the obligation of Lessee to make the Lease Payments hereunder and perform all of its
other obligations hereunder will be absolute and unconditional in all events and will not be subject to any setoff, defense,
counterclaim, abatement, deduction or recoupment for any reason whatsoever including, without limitation, any failure of the
Equipment to be delivered or installed, any defects, malfimctions, breakdowns or infirmities in the Equipment or any accident,
condemnation or unforeseen circumstances. Lessee reasonably believes that funds can be obtained sufficient to make all Lease
Payments during the Lease Term and hereby covenants that it will do all things lawfully within its powers to obtain, maintain
and properly request and pursue funds from which the Lease Payments may be made, including making provisions for such
payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts
to have such portion of the budget approved and exhausting all available administrative reviews and appeals in the event such
portion of the budget is not approved. It is Lessee's intent to make Lease Payments for the full Lease Term if funds are legally
available therefor and in that regard Lessee represents that the use of the Equipment is essential to its proper, efficient and
economic operation. Lessor and Lessee understand and intend that the obligation of Lessee to pay Lease Payments hereunder
shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any
applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness of Lessee, nor shall
anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee. It is the intention of the
parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the
contrary in this Agreement, in no event shall this Agreement require the payment or permit the collection of interest or any
amount in the nature of interest or fees in excess of the maximum permitted by applicable law.
3. DELIVERY AND ACCEPTANCE. Lessee shall order the Equipment, cause the Equipment to be delivered and installed at
the location specified on Schedule A ("Equipment Location") and pay any and all delivery and installation costs in connection
therewith. Lessee will accept the Equipment as soon as it has been delivered and inspected. Lessee will evidence its acceptance
of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate (in the form provided by Lessor)
upon delivery of the Equipment.
FLLease
Rev. July 1,200 1
01/09/07 9:28 AM
CITICAPITAL is a service mark of .
Page 1 of7
Amemberof-
4. DISCLAIMER OF WARRANTIES. Lessee acknowledges and agrees that the Equipment is of a size, design and capacity
sele~tecl by Lessee, that Lessui is iieilliei a iiidiiufaLluiei iiui a veiidui uf sudi equipineiil, that LESSOR LEASES AND LESSEE
REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION,
QUALITY, DURABILITY, VALUE, DESIGN, OPERATION, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR AS TO THE ABSENCE OF LATENT
OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR AS TO THE ABSENCE OF ANY INFRINGEMENT
OF ANY PATENT, TRADEMARK OR COPYRIGHT, OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN
TORT OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER,
EXPRESS OR IMPLIED, WITH RESPECT THERETO. RISKS INCIDENT THERETO ARE TO BE BORNE BY LESSEE
AND, IN NO EVENT SHALL LESSOR BE OBLIGATED OR LIABLE FOR ACTUAL, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT, THE MAINTENANCE
THEREOF OR OF ANY SERVICES PROVIDED HEREIN. Lessee may have rights under the contract evidencing the
purchase of the Equipment. Lessee is advised to contact the manufacturer of the Equipment for a description of any such rights.
Lessor hereby assigns to Lessee during the Lease Term, so long as no Event of Default has occurred hereunder and is continuing,
all warranties, if any, expressed or implied with respect to the Equipment, running fiom the manufacturer to Lessor and Lessor
authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee's expense. Lessee's
sole remedy for the breach of any such manufacturer's warranty shall be against the manufacturer of the Equipment, and not
against Lessor or its assigns. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties
whatsoever as to the existence or the availability of such warranties of the manufacturer of the Equipment.
TAKES THE EQUIPMENT AND EACH PART THEREOF "AS-IS" AND THAT LESSOR MAKES NO
5. RETURN OF EQUIPMENT. Unless Lessee shall have paid all Lease Payments and other amounts due hereunder or
exercised its option to purchase as provided in Section 20 hereof, upon the expiration or earlier termination of this Lease
pursuant to the terms hereof, Lessee shall, at its sole expense but at Lessor's option, convey the Equipment by bill of sale (and
with respect to vehicles, also by endorsement of title certificate) to Lessor in the condition required by Section 9 hereof at any
location in the continental United States designated by Lessor.
6. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, in the events no
funds or insufficient fhds are appropriated and budgeted in any fiscal period of Lessee for Lease Payments due under this Lease,
Lessee will immediately notify Lessor or its assignee in writing of such occurrence and this Lease shall terminate on the last day of
the fiscal period of Lessee for which appropriations have been received or made without penalty or expense to Lessee, except as to
Lessee's other obligations and liabilities under this lease relating to, or accruing or arising prior to, such termination. In the event of
such termination, Lessee shall remain obligated to either return the Equipment to Lessor in accordance with Section 5 or, if Lessee
refuses or fails to so voluntarily return the Equipment, to pay, on demand to Lessor, fiom legally available funds, the unpaid balance
of the lease-purchase price thereof which is stipulated to be the applicable concluding payment set forth herein Schedule B.
7. REPRESENTATIONS, COVENANTS AND WARRANTIES. Lessee hereby represents, covenants and warrants to
Lessor as of the date hereof and at all times during the Lease Term that (i) Lessee is a state or a hlly constituted political
subdivision thereof within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code"), or its
obligations hereunder constitute obligations issued on behalf of a state or a political subdivision thereof, and Lessee shall do or
cause to be done all things necessary to preserve and keep in full force and effect its existence and this Lease; (ii) Lessee has full
power and authority under the constitution and laws of the state in which it is located to enter into this Lease and the transactions
contemplated hereby, and to perform all of its obligations hereunder; (iii) each officer of Lessee executing this Lease has been
duly authorized to execute and deliver this Lease by proper action and approval of its governing body at a meeting duly called,
regularly convened and attended by a requisite majority of the members thereof, or by other appropriate official approval; (iv)
the execution, delivery and performance of this Lease and all documents executed in connection herewith, including, without
limitation, Schedules A and B hereto and the Delivery and Acceptance Certificate referred to in Section 3 hereof (this Lease
together with all such documents shall be collectively referred to herein as the "Lease Documents") have been duly authorized
by all persons, governmental bodies and agencies necessary to authorize and approve this Lease; (v) the Lease Documents
constitute legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their respective terms;
(vi) the execution, delivery and performance of this Lease by Lessee shall not (a) violate any federal, state or local law or
ordinance, or any judgment, order, writ, injunction, decree, rule or regulation of any court or other governmental agency or body
applicable to Lessee; or (b) conflict with or result in the breach or violation of any term
FLLease
Rev. July 1, 2001
01/09/07 9:28 AM Page 2 of 7
or provision of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance
on any assets of the Lessee or the Equipment pursuant to any note, bond, mortgage, indenture, agreement, deed of trust, bank
loan or credit agreement, lease or other obligation to which Lessee is a party or by which it or its assets may be bound, except as
herein provided; (vii) in authorizing and executing this Lease, Lessee has complied with all open meeting laws, public bidding
requirements and other laws applicable to this Lease and the acquisition by Lessee of the Equipment; (viii) Lessee has, in
accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current fiscal year of the
Lessee to make the Lease Payments scheduled to come due during such fiscal year, and such funds have not been expended for
other purposes; (ix) the Equipment is essential to the function of the Lessee or to the service Lessee provides to its citizens and
the Lessee has an immediate need for, and expects to make immediate use of, substantially all of the Equipment, which need is
not temporary or expected to diminish in the foreseeable future; (x) no lease, rental agreement or contract for purchase to which
Lessee has been a party at any time during the last five years, has been terminated by Lessee as a result of insufficient funds
being appropriated in any fiscal year; (xi) the Equipment will be used by Lessee only for the purpose of performing one or more
of Lessee's governmental or proprietary functions consistent with the permissible scope of Lessee's authority; (xii) there is no
action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or
threatened against or affecting the Lessee, nor to the best knowledge of the Lessee is there any basis therefor, wherein an
unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated by this Lease or any other
document, agreement or certificate which is used or contemplated for use in the consummation of the transactions contemplated by
this Lease; and (xiii) no event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute,
an Event of Default, exists at the Commencement Date. Lessee shall deliver to Lessor an opinion of Lessee's counsel in form and
substance attached hereto or as otherwise acceptable to Lessor.
8.
Lessee and Lessor shall have no security interest therein.
TITLE TO EQUIPMENT. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in
9. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the
Equipment. Lessee shall comply with all laws, ordinances, insurance policies and regulations relating to the possession, use,
operation or maintenance of the Equipment. Lessee, at its expense, will keep the Equipment in good working order and repair
and furnish all parts, mechanisms and devices required therefor.
10. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor's prior
written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment.
11. LOCATION; INSPECTION. The Equipment will not be removed from or, if the Equipment consists of rolling stock, its
permanent base will not be changed from the Equipment Location without Lessor's prior written consent, which will not be
unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business
hours to inspect the Equipment or observe its use and operation.
12. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances, other than the
respective rights of Lessor and Lessee as herein provided. Lessee shall pay, when due, all charges and taxes (local, state and
federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the
Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails to pay said charges, or taxes when
due, or to provide the insurance required by Section 15 hereof, Lessor may, but need not, pay said charges or taxes or purchase
such insurance and, in such event, Lessee shall reimburse Lessor therefor on demand, with interest at the maximum rate
permitted by law from the date of such payment by Lessor to the date of reimbursement by Lessee.
13. RISK OF LOSS; DAMAGE; DESTRUCTION. Lessee assumes all risk of loss of or damage to the Equipment from any
cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall
relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of
damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance
recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or
damaged beyond repair, Lessee, at the option of Lessor, will either (a) replace the same with like equipment in good repair, or
(b) on the next Lease Payment Date, pay Lessor: (i) all amounts then owed by Lessee to Lessor under this Lease, including the
Lease Payment due on such
FLLease
Rev. July 1,200 1
01/09/07 9128 AM Page 3 of 7
date, and (ii) an amount equal to the applicable Concluding Payment set forth in Schedule B opposite such Lease Payment Date.
In the event that Lessee is obligated to make such payment pursuant to subparagraph (b) above with respect to less than all of the
Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Concluding Payment to be made
by Lessee with respect to the Equipment which has suffered the event of loss.
14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed or
attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any
interest in the Equipment from any party having an interest in any such real estate or building.
15. INSURANCE. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Equipment against loss or
damage by fire and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Concluding
Payment of the Equipment, (b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory to
Lessor, and (c) workers' compensation coverage as required by the laws of the state; provided that, with Lessor's prior written
consent, Lessee may self-insure against the risks described in clauses (a) and (b). All insurance proceeds from casualty losses shall
be payable as hereinafter provided. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver
to Lessor a certificate evidencing such insurance. In the event of any loss, damage, injury or accident involving the Equipment,
Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation
relating thereto and shall permit Lessor to participate and cooperate with-Lessee in making any claim for insurance in respect
thereof. All such casualty and liability insurance shall be with insurers that are acceptable to Lessor, shall name Lessee as
named insured and Lessor or its assigns as an additional named insured and shall contain a provision to the effect that such
insurance shall not be cancelled or modified materially without first giving written notice thereof to Lessor at least thirty days in
advance of such cancellation or modification. The Lessee may provide required insurance as part of "blanket" coverage
maintained on its other assets. Required insurance coverage may also be provided in whole or in part by self-insurance, with
written consent of the Lessor, which shall not be unreasonably withheld. If such consent is given, Lessee will furnish Lessor
with a letter or certificate of self-insurance specifying the type and extent coverage. The proceeds of any such policies will be
payable to Lessee and Lessor or its assigns as their interests may appear. In the event that Lessee has been permitted to self-
insure, Lessee will finish Lessor with a letter or certificate to such effect.
16. RELEASE AND INDEMNIFICATION. To the extent permitted by Section 768.28 of the Florida Statutes, Lessee shall
indemnify, protect and hold harmless Lessor from and against any and all liability, obligations, losses, claims and damages
whatsoever, regardless of cause thereof, and expenses in connection therewith (including, without limitation, counsel fees and
expenses and any federal income tax and interest and penalties connected therewith imposed on interest received) arising out of
or as the result of (a) the entering into this Lease, (b) the ownership of any item of the Equipment, (c) the ordering, acquisition,
use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Equipment, (d) any accident in
connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to
property or injury or death to any person or (e) the breach of any covenant herein or any material misrepresentation contained
herein. The indemnification arising under this paragraph shall continue in full force and effect notwithstanding the full payment
of all obligations under this Lease or the termination of the Lease Term for any reason.
17. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate,
grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment
or (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may
assign its rights, title and interest in and to the Lease Documents, the Equipment and/or grant or assign a security interest in this
Lease and the Equipment, in whole or in part, and Lessee's rights will be subordinated thereto. Any such assignees shall have all
of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the
successors and assigns of the parties hereto. Lessee covenants and agrees not to assert against the assignee any claims or
defenses by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. Upon
assignment of Lessor's interests herein, Lessor will cause written notice of such assignment to be sent to Lessee which will be
sufficient if it discloses the name of the assignee and address to which further payments hereunder should be made. No further
action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in
writing if so requested. Lessee shall retain all notices of assignment and maintain a book-entry record which identifies each
owner of Lessor's interest in the Lease. Upon Lessee's
FLLease
Rev. July 1, 2001
01/09/07 9:28 AM Page 4 of 7
receipt of written notice of Lessor's assignment of all or any part of its interest in the Lease, Lessee agrees to attorn to and
recognize any such assignee as the owner of Lessor's interest in this Lease, and Lessee shall thereafter make such payments,
including without limitation such Lease Payments, as are indicated in the notice of assignment, to such assignee. Lessee waives
and will not assert against any assignee of Lessor any claims, counterclaims, claims in recoupment, abatement, reduction,
defenses, or set-offs for breach of warranty or for any other reason which Lessee could assert against Lessor, except defenses
which cannot be waived under the Uniform Commercial Code.
18. EVENT OF DEFAULT. The term "Event of Default," as used herein, means the occurrence of any one or more of the
following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the
terms of this Lease, and any such failure continues for thirty (30) days after the due date thereof set forth in this Lease; (ii)
Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder and
such failure is not cured within forty-five (45) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any
statement, representation, or warranty made by Lessee in this Lease or in any writing ever delivered by Lessee pursuant hereto or
in connection herewith was false, misleading, or erroneous in any material respect; (iv) Lessee becomes insolvent, or is unable to
pay its debts as they become due, or makes an assignment for the benefit of creditors, applies or consents to the appointment of a
receiver, trustee, conservator or liquidator of Lessee or of any of its assets, or a petition for relief is filed by Lessee under any
bankruptcy, insolvency, reorganization or similar laws, or a petition in, or a proceeding under, any bankruptcy, insolvency,
reorganization or similar laws is filed or instituted against Lessee and is not dismissed or filly stayed within sixty (60) days after
the filing or institution thereof; (v) Lessee fails to make any payment when due or fails to perform or observe any covenant,
condition, or agreement to be performed by it under any other agreement or obligation with Lessor or an affiliate of Lessor and
any applicable grace period or notice with respect thereto shall have elapsed or been given; or (vi) an attachment, levy or
execution is threatened or levied upon or against the Equipment.
19. REMEDIES. Upon the occurrence of any Event of Default, and as long as such Event of Default is continuing, Lessor
may, at its option, by written notice to Lessee, declare an amount equal to all amounts then due under the Lease, and all
remaining Lease Payments due during the fiscal year period of Lessee in which the default occurs to be immediately due and
payable, whereupon the same shall become immediately due and payable. Further, if an Event of Default shall have occurred,
upon written request by Lessor, Lessee shall within thirty (30) days cause the Equipment (together with all documents necessary
to transfer legal and beneficial title thereto to Lessor) to be delivered to Lessor in the condition required by Section 9 hereof at
any location in the continental United States designated by Lessor. If Lessee fails or refises to voluntarily transfer the
Equipment to Lessor as herein provided, Lessor shall have the right to obtain a judgment against Lessee for compensatory
damages in the amount of the then applicable Concluding Payment amount set forth in Exhibit E, plus interest thereon in
accordance with Section 12 to the date of payment. If the Equipment has been destroyed or damaged beyond repair, Lessee shall
pay the applicable Concluding Payment amount set forth in Exhibit B to Lessor. Following an Event of Default, or upon failure
of Lessee to voluntarily comply with Section 5 hereof following a termination of the Lease pursuant to Section 6, Lessor shall
have whatever rights and remedies are available at law against Lessee's legally available finds for compensatory damages and
Lessor's damages shall include, without limitation, all legal fees and other costs and expenses, including court costs, incurred by
Lessor with respect to the enforcement hereof and the collection of any judgment; provided, however, that Lessor and Lessee
agree that there is no intention to create under this Lease a right in Lessor to dispossess Lessee involuntarily of the legal title to
or the use of the Equipment. Lessor hereby irrevocably waives any right to specific performance of Lessee's covenant to
transfer legal title to and return possession of the Equipment to Lessor. If Lessor terminates this Lease and receives possession
of the Equipment, Lessor shall within sixty (60) days thereafter use its best efforts to sell the Equipment in a commercially
reasonable manner at public or private sale and apply the proceeds of such sale to pay the following items in the following order:
(a) all costs and expenses of receiving possession of the Equipment and completing the sale thereof, (b) the applicable
Concluding Payment amount, and (c) the balance of any Lease Payments owed by Lessee during the fiscal period of Lessee then
in effect. Any sale proceeds remaining after the requirements of clauses (a), (b) and (c) have been met shall be for the account of
Lessee and shall be remitted to Lessee. If the proceeds of sale of the Equipment are not sufficient to pay the balance of any
Lease Payments owed by Lessee during the fiscal period of Lessee then in effect, Lessor may pursue such other remedies as are
available at law or in equity to collect the balance of such Lease Payments from Lessee's legally available finds. Lessor may
sell the Equipment without giving any warranties as to the Equipment and may disclaim any warranties of title, possession,
quiet enjoyment, or the like. This procedure will not be considered to adversely affect the commercial reasonableness of any
sale of the Equipment.
20. PREPAYMENT OPTION. Upon thirty (30) days prior written notice from Lessee, and provided that there is no Event of
Default, or an event which with notice or lapse of time, or both, could become an Event of Default, then existing, Lessee will
have the right to purchase the Equipment prior to the Termination Date on any Lease Payment Date set forth in Schedule B by
FLLease
Rev. July 1,200 1
01/09/07 9:28 AM Page 5 of 7
paying to Lessor, on such date, the Concluding Payment as set forth in Schedule B. Upon satisfaction by Lessee of such
purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee AS IS, WITHOUT
WARRANTY, EXPRESS OR IMPLIED.
21. TAX ASSUMPTION; COVENANTS. Lessee hereby covenants with respect to this Lease that (i) neither the payment of
the Lease Payments hereunder nor any portion thereof is secured by any interest in property used or to be used in a trade or business
of a non-exempt person (within the meaning of Section 103 of the Code) or in payments with respect to such property or is derived
from payments with respect to property, or borrowed money, used or to be used in a trade or business of a non-exempt person
(within the meaning of Section 103 of the Code); (ii) no portion of the Equipment will be used directly or indirectly in any trade or
business carried on by any non-exempt person (within the meaning of Section 103 of the Code); (iii) it will not take any action or
permit or suffer any action to be taken or condition to exist if the result of such action or condition would be to cause its
obligation to make Lease Payments to be guaranteed, directly or indirectly, in whole or in part, by the United States or by any
agency or instrumentality thereof; (iv) it will neither take any action (including, without limitation, entering into any lease,
sublease, output contract, management contract, take-or-pay contract or other arrangement) nor omit to take any action if the
result of such action or omission would be to cause the interest portion of each Lease Payment to become includable in the
income of Lessor for purposes of federal, state or local income tax; (v) it will provide (or cause to be provided) to Lessor such
other information as Lessor may reasonably request from Lessee to enable Lessor to fulfill tax filing, audit and litigation
obligations, including, but not limited to, federal and state income tax filing obligations; (vi) it will timely file a statement with
respect to this Lease in the form required by Section 149(e) of the Internal Revenue Code of 1986, as amended (the “Code”); and
(vii) neither take any action or omit to take any action if the result of such action or omission would be to cause this Lease to be
an “arbitrage bond” within the meaning of Section 148 of the Code. If this Lease is accompanied by an Escrow Agreement,
Lessee will execute and deliver to Lessor an Arbitrage Certificate (in the form provided by Lessor).
If Lessor receives notice, in any form, from the Internal Revenue Service or it is determined based on an opinion of
independent tax counsel selected by Lessor and approved by Lessee, which approval shall not be unreasonably withheld, that the
interest portion of any Lease Payment is includable in the income of Lessor for purposes of federal, state or local income tax,
Lessee, at its option, shall either (i) pay the Concluding Payment as provided in Section 20 hereof and terminate the Lease or (ii)
within 30 days after notice from Lessor, pay Lessor an amount which will restore to Lessor its after-tax yield as contemplated by
this transaction from the date that the interest portion became taxable through the date of such additional rental payment and will
hrther pay additional rent to Lessor on each succeeding Lease Payment Date in such amount as will maintain Lessor’s after-tax
yield as contemplated by this transaction.
22. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt
requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to
time. Any such notice shall be deemed to have been received five days subsequent to mailing.
23. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not
intended to define or limit the scope of any provision of this Lease.
24. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by, the laws of the state of the
Equipment Location and any dispute shall be resolved in State or Federal Court in and for Palm Beach County, Florida. Further,
regardless of any provision to the contrary, Lessee shall be entitled to a jury trial on all disputes herein.
25. DELIVERY OF RELATED DOCUMENTS.
documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease.
Lessee will execute or provide, as requested by Lessor, such other
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
FLLease
Rev. July 1, 200 1
01/09/07 9:28 AM Page 6 of7
26. ENTIRE AGREEMENT; WAIVER. The Lease Documents constitute the entire agreement between the parties with
respect to the lease of the Equipment and shall not be contradicted by any oral representations made prior to, contemporaneously
with or subsequent to the date hereof nor do any oral agreements presently exist between the parties which have not been
reduced to writing. This Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee
and Lessor. Any provision of this Lease found to be prohibited by law shall be ineffective to the extent of such prohibition
without invalidating the remainder of this Lease. The waiver by Lessor of any breach by Lessee of any term, covenant or
condition hereof shall not operate as a waiver of any subsequent breach thereof.
IN WITNESS WHEREOF, the parties have executed this Lease.
Lease Date:
LESSEE: LESSOR: CitiCapital Commercial Corporation
By: By:
Title: Title:
Date: Date:
FLLease
Rev. July 1,2001
01/09/07 9:28 AM Page 7 of 7
PALMBEACHGARDENSGOLFCOURSE NOVEMBER 9,2006
PROPOSED EQUIPMENT
PRECEDENT PROFESSIONAL EDITION
Eighty (80) new 2007 Club Car@ Precedent Professional electric model golf cars
including the following standard and optional equipment:
Standard Equipment
Monsoon Canopy Top w/ Water Drainage
Ergo Contoured Seats
20% Larger Sweater Basket
Larger Bagwell area
Premium Tread Tires
4-12 Volt Battery/ 48 Volt System
Forward Speed Setting - 13.2 MPH
360 Degree Bumper System
DupontB Surlyn Body Panels
Custom Precedent Wheel Covers
Fully Auto-matic Battery Chargers
Included Optional Equipment
Custom Club Logo
Rear Rain Bag Cover
Number Decals 1-80, 2 ea.
Hinged Windshield
Information Holders - 1 per car
Sand Buckets - 2 per car
Freight & Installation
Color: Green
Delivery to be approximately March 2007
CURRENT FLEET
80 Club Car DSE - 2003 Model
2 Club Car DS-Gas
Initial acceptance of options & accessories
11/14/2006 12:16:44 PM Page 1
SP.LM BEACH GARDENS GC - 80 PREC & 2 UTILITY
Compound Period: Monthly
Nominal Annual Rate: 5.600 YO
CASH FLOW DATA
Event Date Amount Number Period End Date
2 Payment 03/0 1 /2007 5,137.85 48 Monthly 02/01/2011
1 Loan 03/01/2007 290,470.43 1
3 Payment 03/01/2011 86,219.60 1
AMORTIZATION SCHEDULE - Normal Amortization
Date Payment Interest Principal Balance
Loan 03/0 112007
1
2
3
4
5
6
7
8
9
10
2007 Totals
11
12
13
14
15
16
17
18
19
20
21
22
2008 Totals
03/0 1 /2007
04/0 1 /2007
05/0 1 /2007
06/0 112007
07/0 1 /2007
08/0 1 /2007
09/0 1/2007
1 0/0 1 /2007
1 1 /O 1 /2007
1 2/0 1 /2007
0 1 /O 1 /2008
02/0 1 /2008
03/0 1/2008
04/01/2008
05/01 /2008
06/0 1 /2008
07/01/2008
OW0 1 /2008
09/0 1 /2008
1 0/0 1 /2008
1 1 /O 1 /2008
12/0 1 12008
23 0 1 /O 112009
24 02/0 1 /2009
25 03/0 1 /2009
26 04/0 1 /2009
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5 1,378.50
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
61,654.20
5,137.85
5,137.85
5,137.85
5.1 37.85
0.00
1,33 1.55
1,313.79
1,295.94
1,278.01
1,260.00
1,241.9 1
1,223.72
1,205.46
1,187.11
11,337.49
1,168.67
1,150.1 5
1,13 1.54
1.1 12.84
1,094.06
1,075.19
1,056.23
1,037.18
1,018.04
998.82
979.50
960.10
12,782.32
940.60
92 1 .O 1
90 1 34
881.57
5.1 37.85
3,806.30
3,824.06
3,84 1.9 1
3,859.84
3,877.85
3,895.94
3,914.13
3,932.39
3.950.74
40,041.01
3,969.18
3.987.70
4.006.3 1
4.025.01
4.043.79
4,062.66
4.08 I .62
4,100.67
4,119.81
4,139.03
4,158.35
4,177.75
48,871.88
4,197.25
4,2 16.84
4.236.5 1
4,256.28
290,470.43
285,332.58
28 1,526.28
277,702.22
273,860.3 1
270,000.47
266,122.62
262,226.68
258,3 12.55
254,380.16
250,429.42
246,460.24
242,472.54
238,466.23
234,44 1.22
230,397.43
226.334.77
222,253.15
21 8,152.48
2 14,032.67
209,893.64
205,735.29
201,557.54
197,360.29
193,143.45
188,906.94
184,650.66
.
27
28
29
30
31
32
33
34
2009 Totals
35
36
37
38
39
40
41
42
43
44
45
46
20 10 Totals
47
48
49
201 1 Totals
Grand Totals
05/0 1/2009
06/0 1 /2009
07/0 1/2009
08/01/2009
09/0 1 /2009
1 0/0 1 /2009
1 1 /O 1 /2009
12/0 1 /2009
0 1 /o 1 /20 10
02/0 1 /20 1 0
03/0 1 /20 10
04/0 1 /20 1 0
05/0 1 /20 1 0
06/0 1 /20 1 0
07/0 1 /20 1 0
08/0 1 /20 10
09/0 1 /20 10
1 o/o 1/2010
11/01/2010
12/0 1 /20 10
01/01/2011
02/0 1 /20 1 1
03/0 1 /20 1 1
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
$1 37.85
5,137.85
5,137.85
6 1,654.20
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
5,137.85
6 1,654.20
5,137.85
5,137.85
86,2 19.60
96,495.30
332,836.40
861.70
841.75
821.70
801.56
781.32
760.99
740.57
720.04
9,974.15
699.43
678.72
657.91
637.00
6 16.00
594.89
573.69
552.39
53 1 .oo
509.50
487.90
466.20
7,004.63
444.40
422.49
400.49
1,267.38
42,365.97
11/14/2006 12:16:44 PM Page 2
4,276.15 180,374.5 1
4,296.10 176,078.4 1
4,3 16.15 171,762.26
4,336.29 167,425.97
4,356.53 163,069.44
4,376.86 158,692.58
4,397.28 154,295.30
4,417.81 149,877.49
5 1.680.05
4.438.42
4.459.13
4,479.94
4,500.85
4,521.85
4,542.96
4,564.16
4,585.46
4,606.85
4,628.35
4,649.95
4,67 1.65
54,649.57
145,439.07
140,979.94
136,500.00
13 1,999.15
127,477.30
122,934.34
1 18,370.18
113,784.72
109,177.87
104,549.52
99,899.57
95,227.92
4,693.45 90,534.47
4,715.36 85,819.1 1
85,8 19.1 1 0.00
95,227.92
290.470.43
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 26,2007
Meeting Date: February 15,2007
Resolution: 23,2007
SubjedAgenda Item: Consent Agenda
Appoint Dr. Arthur Anderson, Supervisor of Elections, as an additional member to the City's
Canvassing Board to be present at the Logic and Accuracy Tests and to oversee and canvass the
absentee ballots for the March 13,2007 Municipal Election.
[ X ] Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
City Attorney d
Submitted by:
Patricia Snider
Department M Abstrator
city danager'
Originating Dept.:
City Clerk
Advertised:
Date:
Paper:
[ INotRequired
Affected parties
[ INotlfied
/
[ 1 Not required
costs: $
(Total)
$-
Current FY
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approvedwl
conditions
[ ]Denied
[ ] Continued to:
Attachments:
Logic and Accuracy Test
questionnaire
[ ]None
Date Prepared: January 26,2007
Meeting Date: February 15, 2007
Resolution: 23, 2007
BACKGROUND: In accordance with Section 26-2 of the City of Palm Beach Gardens
Code of Ordinances, the City Clerk may delegate any or all or the responsibilities for
administering the election to the Supervisor of Elections subject to approval of the City
Council.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 18,2004.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: February 6, 2007
RESOLUTION 23,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF
ELECTIONS TO THE CITY’S CANVASSING BOARD AND
AUTHORIZING THE SUPERVISOR OF ELECTIONS TO ACT ON
THE CITY’S BEHALF; AUTHORIZING THE CITY CLERK TO
APPOINT ELECTION OFFICIALS FOR THE PURPOSE OF
CONDUCTING THE MUNICIPAL ELECTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 26-2 of the City Code of Ordinances, the City
Clerk is charged with overseeing City elections; and
WHEREAS, subject to City Council approval, Section 26-2 of the City Code
authorizes the City Clerk to delegate any or all of the responsibility for administering the
election to the Supervisor of Elections; and
WHEREAS, the City has, in the past, delegated certain responsibilities to the
Supervisor of Elections, including, but not limited to, those relating to the Logic and
Accuracy Tests and absentee ballots; and
WHEREAS, the City Council has determined the delegation of such functions to
the Supervisor of Elections to be in the best interest of the citizens and residents of the
City of Palm Beach Gardens, Florida; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby appoints Dr. Arthur Anderson, Supervisor
of Elections, to the City’s Canvassing Board and authorizes Dr. Arthur Anderson to act
on the City’s behalf with respect to the March 13, 2007, municipal election.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: January 19, 2005
Resolution 20, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\appointing supv of elections - reso 23 2007.doc
2
CITY OF PALM BEACH GARDENS
CERTIFICATON OF ELECTION SYSTEM &
TABULATION EQUIPMENT FOR
GENERAL ELECTION MARCH 13,2007
I,
Officer (City Clerk) that the testing of the Computer Election System and
, certify that I have been advised by the Filing
Tabulation Equipment will be conducted at 1O:OO a.m. on February 23th 2007, at
the Palm Beach County Supervisor of Elections Complex located at 240 Military
Trail, West Palm Beach, Florida.
I wish to be present for the testing of the voting equipment
on the date listed above.
I] I do not wish to be present for the testing of the voting
equipment on the date listed above.
Signature of Candidate
Print Name of Candidate
Date
--. mT!--- a- IN lKUWESS WT€l?RRIE I have hereunto
set ny W&causedthe'&al of the City of
Palm &a&Gdns, Florida. fohea&vdon
this 19 &y of Febnurry. Two had-
*
" *&
L smwk *?
L
'.
x
rnong
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 14,2006
Meeting Date: February 15, 2007
Ordinance: 3, 2007
SubjectIAgenda Item: Ordinance 3, 2007, amending the City of Palm Beach
Gardens General Employees Defined Benefit Pension Fund
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
City Attorney
I Submitted by:
Allan Ow a
[ Department Director
Approved by:
Originating Dept.: 7-
Advertised :
P.B. Post 1/31/07
[ ] Not Required
Affected parties
[ ] Notified
/.'
I Xl Not required
costs: $ -0-
(Total)
$ -0-
Current FY
Funding
Source:
[XI Operating
[ ]Other N/A
Budget Acct.#:
N/A
Council Action:
[ ]Approved
[ ]Approved w/ conditions
[ 3 Denied
[ ] Continued to:
Attach me n t s :
0 Ordinance 3, 2007
0 Actuarial Impact
Statement
[ ]None
Date Prepared: December 14,2006
Meeting Date: February 15, 2007
Ordinance: 3, 2007
BACKGROUND: The City of Palm Beach Gardens currently maintains a
defined benefit pension plan for certain general employees. This plan was
closed in 1995 to all general employees hired after May 1, 1995. There are
currently five active participants remaining in this plan, with 15
vestedlterminated participants.
Ordinance 3, 2007, is recommended by the plan’s attorney, and would bring
certain provisions of the plan into compliance with current IRS regulations.
These changes are summarized as follows:
1.
2.
3.
4.
Section 3-126, Definitions, is amended by adding rules under
“Credited Service” requiring mandatory distribution of accumulated
contributions if a member who is not vested does not remain
employed for a period of three years upon reemployment within
five years, if the total is $1,000 or less. If a member who is not
vested is not reemployed within five years, his accumulated
contributions, if more than $1,000, will be returned only upon
written request of the member.
Section 3-135, Optional forms of benefits, is amended by adopting
applicable percentages provided for in the applicable table in the
Treasury regulations for payments to joint pensioners.
Section 3-140, Distribution of benefits, is amended to require that
all distributions will be determined and made in accordance with
the Treasury regulations under section 401 (a) (9) of the Code.
Section 3- 147, Direct transfers of eligible rollover distributions, is
amended by requiring that cash distributions from the plan not
otherwise required by law, in excess of $1,000, shall be made only
upon written request of the member.
Since this is a closed plan that will not grow in size, but will continue to incur
administrative expenses, e.g., legal, actuarial, investment management, and
investment monitoring, the administration of the plan becomes increasingly
less cost efficient as time goes on. Therefore, in order to improve the cost
effectiveness of meeting the benefits that have been earned to date, staff has
been analyzing the possibility of terminating the plan and purchasing
annuities. This would require an ordinance that would terminate the plan and
require current active members to join FRS (Florida Retirement System).
Annuities could then be purchased for the benefits that have been accrued to
date. The cost of the annuities, however, may exceed the total available
funding sources in the current plan. In addition, the benefit multiplier in FRS
is less than the pian’s multiplier, and would be a reduction of the benefits
currently being received by the plan’s current members. Therefore, we would
not recommend this course of action, but will continue to research any other
options that might be available.
STAFF RECOMMENDATION: Staff recommends a motion to approve
Ordinance 37, 2006 on second reading.
1 ORDINANCE 3,2007
2
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA RELATING TO THE GENERAL
7 CODE OF ORDINANCES ENTITLED “DEFINITIONS”; AMENDING
6 EMPLOYEES’ PENSION PLAN (DB); AMENDING SECTION 3-126,
8 SECTION 3-127, CODE OF ORDINANCES ENTITLED
9 “MEMBERSHIP”; AMENDING SECTION 3-135, CODE OF
11 AMENDING SECTION 3-1 40, CODE OF ORDINANCES ENTITLED
12 “DISTRIBUTION OF BENEFITS”; AMENDING SECTION 3-147,
10 ORDINANCES ENTITLED “OPTIONAL FORMS OF BENEFITS”;
13 CODE OF ORDINANCES ENTITLED “DIRECT TRANSFERS OF
14 ELIGIBLE ROLLOVER DISTRIBUTIONS”; PROVIDING FOR
15
16
17
18
19
20 GARDENS, FLORIDA that:
21
22
23 amended to read as follows (deleted language is
24 underlined):
25
26 Sec. 3-126. Definitions.
27
28
29 following words and phrases shall have the meaning indicated:
30
31
32
33 Credited service means the total number of years and fractional parts of years of
34 service as a general employee with member contributions, when required, omitting
35 intervening years or completed months when such member was not employed by the
36 city as a general employee. A member may voluntarily leave his accumulated
37 contributions in the fund for a period of five years after leaving the employ of the city
38 pending the possibility of being rehired, and remaining employed for a period of not less
39 than three years, without losing credit for the time that he was a member of the system.
40 If a member who is not vested does not remain employed for a period of three years
41 upon reemployment within five years, then his accumulated contributions, if $1,000.00
42 or less, will be returned. If a member who is not vested is not reemploved within five
43 years, his accumulated contributions, if more than $1,000.00 will be returned onlv upon
44 the written request of the member and upon completion of a written election to receive a
45 cash lump sum or to rollover the lump sum amount on forms desisnated bv the board.
46 If a vested member leaves the employ of the city, his accumulated contributions will be
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
SECTION 1. Section 3-126, Code of Ordinances entitled “Definitions” is hereby
; new language is
(a) As used herein, unless otherwise defined or required by the context, the
***
Date Prepared: December 14,2006
Ordinance 3, 2007
1 returned only upon his written request. Upon return of his accumulated contributions, all
2 of his rights and benefits under the system are forfeited and terminated.
3
4
5
6
7 amended as follows (deleted language is
8
9 Sec. 3-127. Membership.
10
11 All general employees who are members of the system as of the effective date
12 shall remain members of the system. All general employees who are not members of
13 the system as of the effective date, and all future new general employees, includinq
14 reemploved retirees, shall be ineligible to become members of this system.
15
16 SECTION 3. Section 3-135, Code of Ordinances entitled “Optional forms of
17 benefits” is hereby amended as follows (deleted language is ; new
18 language is underlined):
19
20 Sec. 3-135. Optional forms of benefits.
21
22 (a) In lieu of the amount and form of retirement income payable in the event of
23 normal or early retirement as specified herein, a member, upon written request to the
24 board, may elect to receive a retirement income or benefit of equivalent actuarial value
25 payable in accordance with one of the following options:
26
27
28 lifetime only.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
***
SECTION 2. Section 3-127, Code of Ordinances entitled “Membership” is hereby
; new language is underlined):
(1) A retirement income of a monthly amount payable to the member for his
(2) A retirement income of a modified monthly amount, payable to the member
during the lifetime of the member and foilowing the death of the member,
100 percent, 75 percent, 66 213 percent or 50 percent of such monthly
amount payable to a joint pensioner for his lifetime.
vake4~n)knxcept w h e re the
retiree’s ioint pensioner is his spouse, the payments to the ioint pensioner
as a percentage of the payments to the retiree shall not exceed the
applicable Percentage provided for in the applicable table in the Treasury
requlations.
. ..
***
SECTION 4. Section 3-1 40, Code of Ordinances entitled “Distribution of benefits”
; new language is is hereby amended as follows (deleted language is
u nd e rl i ned ) :
2
Date Prepared: December 14, 2006
Ordinance 3, 2007
1 Sec. 3-140. Minimum Dgistribution of benefits.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
in
h Thn rn- .. . hr\ ..
3
Date Prepared: December 14, 2006
Ordinance 3, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
/a) General rules.
11) Effective date. The provisions of this section will applv for purposes of
determinina required minimum distributions for calendar vears beginning
with the 2003 calendar vear.
/2) Precedence. The requirements of this section will take precedence over
anv inconsistent provisions of the plan.
/3) Requirements of Treasurv regulations incorporated. All distributions
required under this section will be determined and made in accordance with
the Treasurv regulations under section 401 (a)(9) of the Code.
14) TEFRA section 242(b)(2) elections. Notwithstanding the other provisions of
this section other than this subsection (a)(4), distributions mav be made
under a designation made before Januarv 1, 1984, in accordance with
section 242(b)(2) of the Tax Equitv and Fiscal Responsibilitv Act (TEFRA)
and the provisions of the plan that related to section 242(b)(2) of TEFRA.
/b) Time and manner of distribution.
11 ) Required beainnina date. The member's entire interest will be distributed,
or begin to be distributed, to the member no later than the member's
required beginning date which shall not be later than April 1 of the calendar
year following the later of the calendar vear in which the member attains
age 70% or the calendar vear in which the member retires, unless
otherwise provided for in the plan or required bv law.
/2) Death of member before distributions begin. If the member dies before
distributions begin. the member's entire interest will be distributed, or beain
to be distributed no later than as follows:
a. If the member's surviving spouse is the member's sole designated
beneficiary, then distributions to the surviving spouse will begin bv
December 31 of the calendar year immediatelv following the calendar
year in which the member died, or bv December 31 of the calendar
year in which the member would have attained age 70 %, if later.
If the member's surviving sDouse is not the member's sole designated
beneficiarv. then distributions to the designated beneficiarv will besin
bv December 31 of the calendar vear immediatelv following the
calendar vear in which the member died.
b.
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: December 14,2006
Ordinance 3, 2007
c. If there is no designated beneficiarv as of September 30 of the vear
following the vear of the member's death, the member's entire interest
will be distributed bv December 31 of the calendar vear containing the
fifth anniversarv of the member's death.
d. If the member's survivinq spouse is the member's sole designated
beneficiarv and the surviving spouse dies after the member but before
distributions to the survivinq spouse begin, this subsection (b)(2),
other than subsection (bI(2)a.. will applv as if the surviving spouse
were the member.
For purposes of this subsection (b)(2) and subsection (e), distributions
are considered to begin on the member's required beginning date or. if
subsection (b)(2)d. applies, the date of distributions are required to
begin to the surviving spouse under subsection (bI(2)a. If annuity
pavments irrevocablv commence to the member before the member's
required beginning date (or to the member's surviving spouse before
the date distributions are required to begin to the surviving spouse
under subsection (bI(2)a.l the date distributions are considered to
beqin is the date distributions actuallv commence.
/3) Form of distribution. Unless the member's interest is distributed in the form
of an annuitv purchased from an insurance companv or in a single sum on
or before the required beginning date, as of the first distribution calendar
year, distributions will be made in accordance with subsections (c), (d), and
/e) of this section. If the member's interest is distributed in the form of an
annuitv purchased from an insurance company, distributions thereunder will
be made in accordance with the requirements of section 401(a)(9) of the
Code and Treasurv regulations. Anv part of the member's interest which is
in the form of an individual account described in section 414(k) of the Code
will be distributed in a manner satisfving the requirements of section
401 (a)(9) of the Code and Treasurv regulations that applv to individual
accounts.
/c) Determination of amount to be distributed each year.
/I ) General annuity requirements. If the member's interest is paid in the form
of annuitv distributions under the plan, pavments under the annuitv will
satisfv the followina requirements:
a. The annuitv distributions will be paid in periodic pavments made at
intervals not lonaer than one vear.
b. The distribution period will be over a life (or lives) or over a period
certain not longer than the period described in subsection (d) or (e).
5
Date Prepared: December 14, 2006
Ordinance 3, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
c. Once Davments have bequn over a period certain, the period certain
will not be chanqed even if the period certain is shorter than the
maximum permitted.
d. Pavments will either be nonincreasing or increase onlv as follows:
1. Bv an annual percentage increase that does not exceed the
cumulative annual percentage increase in a cost-of-living index
that is based on prices of all items and issued bv the Bureau of
Labor Statistics or bv a fixed annual increase of five percent or - less.
2. To the extent of the reduction in the amount of the member's
pavments to provide for a survivor benefit upon death, but onlv if
the beneficiarv whose life was being used to determine the
distribution period described in subsection (d) dies or is no lonqer
the member's beneficiarv pursuant to a qualified domestic
relations order within the meaninq of section 41 4(p).
3. To provide cash refunds of accumulated contributions upon the
member's death.
4. To Dav increased benefits that result from a plan amendment.
/2) Amount required fo be distributed bv required beainnina date. The amount
that must be distributed on or before the member's required beginning date
(or, if the member dies before distributions begin, the date distributions are
required to begin under subsection (b)(2)a. or (bM2)c.) is the Davment that
is required for one pavment interval. The second pavment need not be
made until the end of the next pavment interval even if that pavment
interval ends in the next calendar vear. Pavment intervals are the periods
for which pavments are received, e.g., bi-monthlv, monthlv, semi-annuallv,
or annuallv. All of the member's benefit accruals as of the last dav of the
first distribution calendar vear will be included in the calculation of the
amount of the annuitv pavments for pavment intervals ending on or after
the member's required beginning date.
/3) Additional accruals after first distribution calendar vex. Anv additional
benefits accruing to the member in a calendar Year after the first distribution
calendar vear will be distributed beginninn with the first Davment interval
ending in the calendar Year immediatelv following the calendar vear in
which such amount accrues.
[d) Requirements for annuity distributions that commence during a member's
lifetime .
6
Date Prepared: December 14, 2006
Ordinance 3, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
/I 1 Joint life annuities where the beneficiarv is not the member's spouse. If the
member's interest is beina distributed in the form of a ioint and survivor
annuitv for the ioint lives of the member and a nonspouse beneficiary,
annuitv payments to be made on or after the member's required beginning
date to the desianated beneficiarv after the member's death must not at anv
time exceed the applicable percentage of the annuitv pavment for such
period that would have been payable to the member using the table set
forth in Q&A-2 of section 1.401 (a)(9)-6T of the Treasury regulations. If the
form of distribution combines a ioint and survivor annuitv for the ioint lives
of the member and a nonspouse beneficiarv and a period certain annuitv,
the requirements in the preceding sentence will apDlv to annuitv pavments
to be made to the desiqnated beneficiarv after the expiration of the period
certain.
/2) Period certain annuities. Unless the member's spouse is the sole
desianated beneficiarv and the form of distribution is a period certain and
no life annuitv, the period certain for an annuitv distribution commencinq
durinq the member's lifetime mav not exceed the applicable distribution
period for the member under the Uniform Lifetime Table set forth in section
1.401 (a)(9)-9 of the Treasurv regulations for the calendar vear that contains
the annuitv startinq date. If the annuitv starting date precedes the vear in
which the member reaches age 70, the amlicable distribution period for the
member is the distribution Deriod for age 70 under the Uniform Lifetime
Table set forth in section 1.401 (al(91-9 of the Treasury requlations DIUS the
excess of 70 over the age of the member as of the member's birthdav in the
year that contains the annuitv starting date. If the member's spouse is the
member's sole desianated beneficiary and the form of distribution is a
period certain and no life annuitv, the period certain mav not exceed the
longer of the member's applicable distribution period. as determined under
this subsection (dM2), or the ioint life and last survivor expectancv of the
member and the member's spouse as determined under the Joint and Last
Survivor Table set forth in section 1.401 (a)(9)-9 of the Treasury regulations,
using the member's and spouse's attained aqes as of the member's and
spouse's birthdays in the calendar vear that contains the annuitv starting
date.
/e) Requirements for minimum distributions where member dies before date
distributions beain.
/I) Member survived bv desisnafed beneficiarv. If the member dies before the
date distribution of his or her interest beains and there is a designated
beneficiarv, the member's entire interest will be distributed, beqinning no
later than the time described in subsection (b)(2)a. or (b)(2)b., over the life
of the desianated beneficiarv or over a period certain not exceeding:
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: December 14, 2006
Ordinance 3, 2007
a. Unless the annuitv startinq date is before the first distribution calendar
year, the life expectancv of the designated beneficiarv determined
using the beneficiarv's age as of the beneficiarv's birthdav in the
calendar vear immediatelv following the calendar vear of the
member's death.
b. If the annuitv startinq date is before the first distribution calendar vear,
the life expectancv of the designated beneficiarv determined using the
beneficiarv's age as of the beneficiarv's birthdav in the calendar vear
that contains the annuitv starting date.
/2) No desianated beneficiarv. If the member dies before the date distributions
begin and there is no desiqnated beneficiarv as of SeDtember 30 of the
year following the vear of the member's death, distribution of the member's
entire interest will be completed bv December 31 of the calendar vear
containing the fifth anniversarv of the member's death.
/3) Death of surviving spouse before distributions to surviving spouse beain. If
the member dies before the date distribution of his interest begins, the
member's surviving spouse is the member's sole designated beneficiarv,
and the surviving spouse dies before distributions to the surviving spouse
begin, this subsection (e) will applv as if the surviving spouse were the
member, except that the time bv which distributions must begin will be
determined without regard to subsection (b)(2)a.
lf) Definitions.
/I) Desianated beneficiarv. The individual who is designated as the
beneficiarv under the plan and is the designated beneficiarv under section
401(a)(9) of the Code and section 1.40l(a)(9~-1, Q&A-4 of the Treasury
requlations.
12) Distribution calendar vear. A calendar vear for which a minimum
distribution is required. For distributions beginning before the member's
death, the first distribution calendar vear is the calendar vear immediately
preceding the calendar vear which contains the member's required
beginning date. For distributions beqinning after the member's death, the
first distribution calendar vear is the calendar vear in which distributions are
required to begin pursuant to subsection (bM2).
/3) Life expectancv. Life expectancv as computed bv use of the Single Life
Table in section 1.401 (a)(9)-9 of the Treasurv regulations.
14) Reauired beginning date. The date sDecified in subsection (b)(l).
8
Date Prepared: December 14, 2006
Ordinance 3, 2007
1 SECTION 5. Section 3-147, Code of Ordinances entitled “Direct transfers of
2 eligible rollover distributions” is hereby amended as follows (deleted language is
3- ; new language is underlined):
4
5 Sec. 3-147. Direct transfers of eligible rollover distributions; elimination of
6 ma nda tow distributions.
7
8
9
10 IC) Elimination of mandatory distributions. Notwithstandinq any other provision
11 herein to the contrary, in the event this plan provides for a mandatory (involuntarv) cash
12 distribution from the plan not otherwise required by law, for an amount in excess of
13 $1,000.00, such distribution shall be made from the plan only upon written request of
14 the member and completion by the member of a written election on forms desiqnated bv
15 the board to either receive a cash lump sum or to rollover the lumD sum amount.
16
***
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
SECTION 6. Codification of this Ordinance is hereby authorized and directed.
SECTION 7. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
9
Date Prepared: December 14,2006
Ordinance 3, 2007
PASSED this day of , 2007, upon first reading. 1
2
3 PASSED AND ADOPTED this day of ,2007, upon second
4 and final reading.
5
6
7 CITY OF PALM BEACH GARDENS
8
9 BY:
10 Joseph R. Russo, Mayor
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
FOR AGAINST
28 BY:
29 Patricia Snider, CMC, City Clerk
30
31
32 APPROVED AS TO FORM AND
33 LEGAL SUFFICIENCY
34
35
36 BY:
37
38
39
40
41
42
43
44
45
46
Christine P. Tatum, City Attorney
47 \\pbgsfile~c\ttorney\attorney_share\ORDINANCES\General Employee Pension amendment - ord 3 2007.doc
10
ABSENT
TELEPHONE
(239) 433-Sb00
FOSTER €k FOSTER, INC.
@?&4-44@*@+-
6290 CORPORATE COURT, 0201
FORT MYERS, FLORIDA 33919
April 11,2006
FACSl M I LE
(239) 481-0634
sen's letter dated April 6,2000, we have reviewed ed on page 8 as vaw\pbg\gen\04-06-06.ord)
nges resulting from recent amendments to the apply to tax qualified pension plans, and have
n will have no impact on the assumptions used in irements of the program.
Mr. Charles Slavin
Bureau of Local Retirement Systems Division of Retirement P. 0. Box 9000 Tallahassee, FL 3231 5-9000
If you have any questions, please let me know.
Sincerely,
Patrick T. Donlan
PTDh ck
cc:
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Planning Manager ---@g!
Brad Wiseiiian /
Date Prepared: January 24,2007
Meeting Date: February 15,2007
Ordinance 5,2007
Growth Management:
Project
Manager ,s&
Stephen Mayer
Subject/Agenda Item:
Ordinance 5,2007: Code Amendment to Section 78-1 59, Amending Chart of Permitted Uses
First Reading and Public Hearing: A request by Brian Cheguis of Cotleur and Hearing, Inc. on
behalf of Turtle Beach, Ltd. for approval of a text amendment to Section 78-159, Code of
Ordinances, entitled “Chart of Uses.” The applicant requests to include Bank/Financial Institution
with two drive-through lanes as a major conditional use within the Professional Office (PO) zoning
district and to include special provisions for such a use.
[XI Recommendation to APPROVE
[ I Recommendation to DENY
Reviewed by: I Originating Dept.: I FINANCE:
Costs: $-NIA~
Total
Sr. Planner $-N/A-
[ ] Quasi-Judicial Current FY
City Attorney
[ X ] Legislative Development Compliance
NA ~-
Bahareh Wolfs. AICP 1 Advertised:
Date: 1/31/07
Paper: PB Post
P&Z Division *73 ~
D i rec to r
Tala1 Benottiman, AlCP [XI Required
Growth Managem% ~
Administrator-
1 Kara Irwin, AlCP I 1 Approved By:
Fees Paid [ Yes ]
per memo 1/25/07
Funding Source:
[ ] Operating
[XI Other NIA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. \vi conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attach men t s :
0 Ordinance 5, 2007
0 Prqject Narrative
Date prepared: January 24,2007
Meeting Date: February 15,2007
Ordinance 5,2007
CC
PP
EXECUTIVE SUMMARY
C
C*
The subject petition is a request to aniend City Code Section 78-1 59, to allow for dnve-through lanes
as an accessory to a bank in the Professional and Office (PO) zoning district. On January 9,2007,
the Planning, Zoning, and Appeals Board voted 7-0 to recoinniend approval of the subject petition to
the City Council. Staff recommends approval of Ordinance 5,2007.
P
C
P
c*
BACKGROUND
C*
The applicant is requesting an amendment to the Land Development Regulations (LDRs),
specifically to the chart of permitted uses in Section 78-1 59, in order to allow banks or financial
institutions with drive-through lanes as a major conditional use in the Professional and Office (PO)
zoning district. Currently, the LDRs do not allow drive-through lanes in the PO zoning district. The
applicant proposes to include two provisions in order to maintain the visual impact from adjacent
rights-of-way and maintain the character of the professional and office setting: the drive-through
lanes will be limited to two (2) and will be located in the rear of the property. Staff notes that drive-
through lanes located in the rear of a corner property would be visible from one of the rights-of-way.
Therefore, staff proposes to prohibit drive-through lanes on corner properties within the PO zoning
district in order to minimize the visual impact from adjacent rights-of-way and maintain the
professional office character. Additionally, staff recoiiiniends that the drive-through lanes be set-back
50 feet from adjacent residential districts.
CITY CODE AMENDMENT
Staff recommends approval of a text amendment in which Section 78-1 59 is amended to state the
following: (Deletions are &w&, new language is underlined):
Table 21 : Permitted, Conditional and Prohibited Use Chart
Automatic/Sel f-
Serve Car
Wash
Ban k/Fi nanc i a1
In st i t u t i on
w/Drive
T 11 rough
Bank/Financial
I nst i t 11 t ion w/o
Drive Through
B anq u et
Faci 1 i ty
PO -
C" -
P
C*
P
29
30
2
Date prepared: January 24,2007
Meeting Date: February 15,2007
Ordinance 5.2007
Modification of Note 29:
.... (29) Bank or financial institution. Bmk o: fl?
Bank or financial institutions with drive-through lanes located on a property within a PO zoning
district shall:
0
0
0
Be limited to a maximum of two (2) drive-through lanes, excluding the required by-
pass lane.
Have the drive-through lanes located in the rear of any property fronting a single
public right-of-way. Drive-throu.qh lanes are prohibited on comer properties within
the PO zoning - district.
Set back the drive-through lanes 50 feet from any residential property line.
Bank or financial institutions with drive-through lanes located on property within the CN, CGl and
CG2 zoniiig districts with more than four drive-through lanes shall be considered a maior conditional
use.
~
STAFF ANALYSIS
The City’s Land Development Regulations define the intent of the Professional and Office zoning
district below:
Sec. 78-145 PO--Professional and office district.
(a) Cotnpositiotz nnd intent. The PO professional and office district is intended to
provide suitable space for professional offices. It is intended that these districts are
used as a transition between more intensive commercial uses and residential
development. These districts are designed to protect the abutting and surrounding
residential areas by requiring certain inininiuni yard and area standards as described
in this section be met.
Due to the intended use of the PO district as a transitional zone, staff is sensitive to the nature ofthe
zoning district and if banks or financial institutions with drive-through lanes are permitted as a major
conditional use in PO, staff strongly encourages the reconiniended provisions that will protect the
aesthetics from the street, as well as minimize visual impacts from adjacent residential zoning
districts.
Staff has analyzed several local municipal codes in an effort to detemiine if drive-through lanes are
allowed in professional office zoning districts. Staff notes in Table 1 (plense see next pczge) that
Palm Beach Gardens is the only municipality in the area that prohibits drive-through lanes in the
professional office zoning district. Furthermore, several municipalities consider banks and financial
institutions with drive-through lanes as a permitted use in their comparable professional office
7oning districts. The Village of North Palin Beach considers banks and financial institutions as a
conditional use in professional office zoning districts. This research indicates that allowing banks
3
Date prepared: January 24,2007
Meeting Date: February 15,2007
Ordinance 5.2007
Municipality In PO zoning
Permitted? Permitted as.. . Use distinction of
drive-through lanes?
Palm Beach Yes Conditional use 1.c~
Gardens
and financial institutions with drive-through lanes in the professional office zoning district is
consistent with comparable municipalities.
Maximum lanes
permitted
None
Furthermore, please note that the City of West Palm Beach uses a provision that requires banks or
financial institutions with drive-through lanes to be at least 50 feet from a residential zoning district.
Staff proposes to include this provision, in addition to the aforementioned provisions.
Boca Raton
Jupiter
West Palm
Beach
Yes Permitted Use No No limit
Yes Permitted Use No No linut
Yes Permitted Use No 2 (3 including
ATM)
I.ake Park
North Palm 1 Yes 1 Conditional Use I No I Upto3
Yes Permitted Use No No Limit
Northlake
O\why
(NBOZ)
Yes
(Conditional
Use with more
No limit, but
allowed as a
conditional use
Other requirements
None
None
None
All drive-through lanes
must be 50 feet from
residential district
None
Drive-through lanes are
not permitted in
Downtown Overlay
Must have adequate
buffering from
residential areas, have
adequate ingress, egress
and access and must
have proper vehicular
stacking, circulation
and turninrr movements
If adopted, the proposed text amendment provides opportunities for financial institutions with dnve-
through lanes to locate in Professional Office zoning districts if approved by the City Council as a
Major Conditional Use. Staff notes that the proposed stricter provisions on the location of drive-
through lanes for the PO zoning district will not create additional non-conforming structures, as
banks with drive-through lanes are currently not permitted in the PO zoning district.
Consistency with Comprehensive Plan
Future Land Use Element
Objective 1.1.5: Future growth, development, and redevelopment shall be directed to areas as
depicted on the Future Land Use Map, consistent with: sound planning principles; minimal
natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan;
and the desired community character.
4
Date prepared: January 24,
Meeting Date: February 15,
Ordinance 5,
2007
2007
2007
StuffJinds tlicit the inclusion of bunks or financial institutions with drive-through lunes within the PO
zoning tlistsict is in keeping with soundplaiiiiing priiiciples LIS illustrated in tlie coiiipcimtive stu& (iwcl
t li I e to the pro vis ions added, will ens 1 we the des isecl coli I it? u ti ity ch LI ra cter.
Objective 1.1.7.2: Regulations for buffering incompatible land uses shall be set forth in the City’s
land development regulations.
Stuf,fitids that PO land uses are iclenllj5 loccitetl to hitfet- inore intense corizniercicrl land use froill
resitletiticrl districts; therefore, stafmticipates residentid luiid uses to he coi?itnoiily loccitecl ndjmerit
to PO Imcl uses. StrEffrecoinnzencls a psovision that requires the drive-through kities to he set back 50
feet ,fi.oni sesicletitid zoning districts in osder to iiiiniiiiize the iinpmts on ncljncerit residential
pi-opesties.
PZAB RECOMMENDATION
On January 9,2007, the PZAB voted 7-0 to recorninend approval of the subject petition to the City
Counc i 1.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 5,2007.
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORDINANCE 5,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATED TO PERMITTED USES IN
THE PROFESSIONAL OFFICE (PO) ZONING DISTRICT;
“PERMITTED USES, MINOR, AND MAJOR CONDITIONAL USES,
AND PROHIBITED USES”; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
AMENDING SECTION 78-159, CODE OF ORDINANCES, ENTITLED
WHEREAS, Section 78-159 provides a chart of permitted uses, minor and major
conditional uses, and prohibited uses; and
WHEREAS, Section 78-1 59 currently prohibits bank or financial institutions with
drive-through lanes in the Professional Office (PO) zoning district; and
WHEREAS, the City has received a request (LDRA-06-12-10) from Brian
Cheguis of Cotleur & Hearing, Inc., on behalf of Turtle Beach, LTD, for approval of a
land development regulations amendment to allow for drive-through lanes as an
accessory to a bank in the Professional Office (PO) zoning district; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, this Land Development Regulations amendment petition (LDRA-06-
12-10) was reviewed by the Planning, Zoning, and Appeals Board as the duly
constituted Land Development Regulations Commission at a public hearing on January
9, 2007, which recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 78-1 59, Code of Ordinances entitled “Permitted uses,
minor and major conditional uses, and prohibited uses” is hereby amended to read as
follows (deleted language is ; new language is underlined):
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
CP
cc
PP
c*
Date Prepared: January 25, 2007
Ordinance 5,2007
Table 21: Permitted, Conditional and Prohibited Use Chart
c* c*
~
Automatic/Self-
Serve Car
Wash
- c*
PP
C*
BanWFinancial
Institution
w/Drive
Through
Ba n WFinan cia I
Institution w/o
Drive Through
c
Banquet
Facility
*
*
* *
M1 M1A M2 P&l CONS
P
* *
NOT
-
29
30
.. .. (29) Bank or financial institution. fir r-z-
Bank or financial institutions with drive-throuqh lanes located on a propertv within a PO
zoning district shall:
o Be limited to a maximum of two (2) drive-throuah lanes, excluding the
required bv-pass lane.
o Have the drive-through lanes located in the rear of anv propertv fronting a
sinqle public right-of-way. Drive-through lanes are prohibited on corner
properties within the PO zoninq district.
o Set back the drive-throuqh lanes 50 feet from anv residential propertv line.
Bank or financial institutions with drive-through lanes located on propertv within the CN,
CGI, and CG2 zoning districts with more than four (4) drive-throuah lanes shall be
considered a maior conditional use.
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
2
Date Prepared: January 25,2007
Ordinance 5, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
PASSED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2007, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
FOR AGAINST ABSENT
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDlNANCES\permitted uses - ord 5 2007.doc
3
Banking/ Financial Institution with
Drive Through as a Conditional Use on
PO Land Use
Statement of Justification for Zoning Text Amendment
Introduction
Turtle Beach, Ltd. (‘The ‘Applicant’) is requesting a Zoning Text Amendment to the City’s
Land Development Regulations (Zoning Code), specifically to LDR Section 78-1 59 Table
21 to include BanWFinancial Institution with Drive Through as a major Conditional Use
within the Professional and Office (PO) Zoning District. The request shall allow for the
appropriate placement of the above referenced use within a consistent zoning district.
The petition is consistent with the City’s Vision Plan and the following applicable
elements of the City’s Comprehensive Plan; Transportation, Land Use, Infrastructure.
This petition is also consistent with many similar bank projects previously approved
within the City of Palm Beach Gardens as further described herein.
Development Approval Requested
This petition contains one (1) specific request:
1. Zoning Text Amendment to City Land Development Regulations (Zoning Code)
Development Review Fees
0 Submittal Fees to be paid by credit applied to previously submitted projects
recently withdrawn without prejudice.
Project Contacts
All correspondence in connection with this request should be directed to:
Cotleur & Hearing Inc.
Attn: Brian Cheguis, Senior Land Planner
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
Phone: (561) 747-6336 Ext. 127
Fax: (561) 747-1 377
Email bchenuis@cotleur-hearing.com C\lY OF PALM BCH GDNS
Zoning Text Amendment
Bank w Drive Through in PO
Justification Statement
IZI 5/2QQ6
General Project Description
Bank with Drive Through as Conditional Use within the Professional and
Office Zoning District
The Petitioner is requesting that Table 21 of Section 78-159 be amended to include as a
major Conditional Use the "BanWFinancial Institution with Drive Through" use with
specific siting and intensity criteria. The City of Palm Beach Gardens possess numerous
examples of Banks with Drive Through that have been effectively sited on lands with an
underlying Professional and Office land use designation within the Professional Office
zoning district throughout the City and specifically along PGA Boulevard. This request
will modify the PO zoning district list of conditional uses within Table 21 of the zoning
code with specific end notes to address siting and intensity requirements.
The specific request is to modify the LDR Use Table 21 of Section 78-159 to include
Ban WFinancial Institution uses on properties that possess an underlying Professional
and Office Land Use designation. Currently there are numerous examples of banks with
drive throughs that have been approved along PGA Boulevard and on property with an
underlying PO land use. Some examples include Southtrust Bank, Wachovia Bank,
Grand Bank, Seacoast Banking Center, and Bank One to name a few. As a major
conditional use, the specific siting and intensity requirements to be outlined in the Notes
section of Table 21, Note 29 within Section 78-159 include the following:
0 BanWFinancial Institutions w Drive Through located on property with an
underlying PO land use shall limit the number of drive through tellers to a
maximum of two (2).
0 BanWFinancial Institutions w Drive Through located on property with an
underlying PO land use shall limit the location of the drive through teller lanes to
the rear of the building (away from view from surrounding public rights-of-ways)
These additional requirements shall ensure that branch banks will have the financial
institutions and opportunity to introduce this vital service to their customers while
providing necessary mitigation for both on-site and off-site visual and noise impacts on
property possessing an underlying PO land use designation.
Conclusion
The Applicant's request for a Zoning Text Amendment to allow for Banks with Drive
Through uses on property with an underlying Professional and Office District land use is
both timely and logical. Numerous examples exist throughout the city along PGA and/or
within the Regional Center DRI.
Cotleur Hearing
561 747 6336 Fax 747 1377
1934 Commerce Lane, Ute 1
Jupner. F!d& 33458
2F:\Project Documents\DIVOSTA\PGA Office Parcel Phase IlVonir
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 12,2007
Meeting Date: February 15,' 2007
Resolution 12,2007
Su biectlAnenda Item:
Resolution 12,2007 - Waiver for Lydian Bank and Trust Wall Signage
Consideration of Approval: A request by Urban Design Studio, agent for Lydian Bank and
Trust, for approval of two waivers for the location and number of building identification wall
signs for Lydian Bank and Trust. The site is located at the southwest corner of PGA
Boulevard and U.S. Highway One on Parcel B within the City Centre Planned Unit
Develop men t .
[ X ] Recommendation to APPROVE Two (2) Waivers
] Recomrnenda
Reviewed by:
Development Compliance: n L Bahareh K. Wolfs, AlCP
Growth Management
Administrator:
\/ ., PI '#P\ -\
Kara Irwin, AlCP
Approved By:
Ronald th. Fyh
L
on to DENY
Originating Dept.:
Growth Management:
Principal Planner:
Todd Miller A
P-
Tara Patton
[ X ] Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
Date:
Paper:
[ X ] Not Required
yc Notice:
[ X ] Not required
[ 1 Yes
Allan Owens
Administrator
Kdt$ Labossiere
Fees Paid: [ J ]Yes
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] Appr. With Conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 12, 2007
0 Applicant's Justifi-
0 Plans 8, Photographs
0 Location Map
cation
Date Prepared: January 12, 2007
Meeting Date: February 15, 2007
Resolution 12,2007
EXECUTIVE SUMMARY
Lydian Bank and Trust, located within the City Centre PUD at the southwest corner of PGA
Boulevard and U.S. Highway One, is requesting approval of two waivers: (1) to allow a
second wall sign to be displayed with a 32” letter height; and (2) to allow a permitted wall
sign plus the additional wall sign to be placed above the second story floor line on both the
north and east elevations of a tower feature. The signs are proposed to be located on
separate elevations in order for the building to be identified from both PGA Boulevard and
U.S. Highway One and to assist visitors in locating the building. This request is
comparable to previously-approved signage locations within the development.
On January 9, 2007, the Planning, Zoning, and Appeals Board reviewed the request and
voted 7-0 in favor of the petition as recommended by staff.
BACKGROUND
On April 17, 1997, the City Council adopted Ordinance 15, 1997, which approved an
amendment to the Oakbrook Center Planned Unit Development (PUD) and the Flame
Building PUD, now known as the City Centre PUD, for site plan approval of office, retail,
bank, and restaurant space.
On June 19, 1997, the City Council adopted Ordinance 26, 1997, which approved a sign
package for the City Centre PUD.
On February 18, 1999, the City Council adopted Ordinance 26, 1998, which approved a
waiver to allow overhead power lines to remain within the PGA Boulevard Corridor Overlay
and to amend the approved landscape plan for City Centre.
On June 15,2000, the City Council adopted Ordinance 11, 1999, which approved, in part,
major revisions to the approved master plan for Parcel F.
LAND USE AND ZONING
The subject site is zoned Planned Unit Development (PUD) Overlay, with an underlying
zoning designation of General Commercial (CG-1 ). The future land-use designation of the
site is Commercial (C).
PROJECT DETAILS
Section 78-285, Table 24, of the Land Development Regulations allows one (1) principal
tenant or building identification wall sign not to exceed 36” in height. In addition, signs for
ground floor users shall not to be located above the second floor line or above the building
para pet.
The Applicant is seeking approval of two waivers to allow: (1) two building identification
signs on Building B of the City Centre; and (2) for both signs to be located above the
Date Prepared: January 12,2007
Meeting Date: February 15,2007
Resolution 12,2007
second floor line on the tower feature. The sign on the east elevation is proposed to be 24”
high. The sign proposed for the north elevation is proposed to be 32” high, which does not
exceed the 36”-height allowed by City Code.
A tenant identification sign (4” high x 6’ long) is proposed above the north entrance of the
bank building. The bank name and logo will be added to an existing monument sign
adjacent to U.S. Highway One. This does not require any waivers and is consistent with
the City’s Code.
Sign Materials and Colors
The proposed reverse channel, bronze finish lettering is consistent with the existing
approved signage throughout the City Centre PUD. The lighting for the signs will be
internal illumination.
Waivers Requested
The applicant is requesting approval of the following two waivers for the number and
location of building identification signs, located above the second floor line, for Building B:
City Code
Section 78-285:
FlatlWall Sign
for Principal
Structure or
Principal Tenant
Section 78-285:
Flat/Wall Sign
for Ground Floor
Users
Allowed
>ne (1) Building
dentification Sign not to
!xceed 36”
signs shall be located
)elow the 2”d floor line
Proposed
One Additional
Building
Identification Sign
(32”)
e Two Building
Identification Signs
(24” and 32” letter
heights located
above the second
floor line on the
north and east
elevations of the
tower feature)
Waiver
(1) To allow one (1)
additional Building
Identification Sign;
and
(2) To allow two (2)
Building Identification
Signs to be located
above the 2”d floor line
Staff
Recommendation
Approval (1)
Approval (2)
(1) Waiver from Section 78-285, Table 24, to allow one (1) additional building
identification sign measuring 32” in height on north elevation of tower feature.
(2) Waiver from Section 78-285, Table 24, to allow the two (2) building identification
signs to be located above the 2”d floor line of the north and east elevations,
respectively, on the tower feature of Building B.
Applicant’s Justification: The applicant states that the waiver requests are
necessary to direct pedestrians and vehicular traffic to the building from both PGA
Boulevard and U.S. Highway One. Furthermore, the existing and mature
landscaping around the Lydian Bank building will prevent the signs from being
visible at the same time.
3
Date Prepared: January 12,2007
Meeting Date: February 15,2007
Resolution 12,2007
Staff Analysis: It is staff‘s professional opinion that the waiver requests to allow
two building identification signs located above the second floor line are justified
because of the mature landscaping, plus a sign on the north and east elevations will
direct motorists to the bank’s entrance from both PGA Boulevard and U.S. Highway
One. In order to minimize the waiver and at staff’s request, the applicant reduced
the size of the sign on the east elevation from 32” to 24”.
The proposed location for signage above the second floor line on the tower is
consistent with other previously approved signage in City Centre, as shown in the
attached memorandum from Urban Design Studio dated November 29, 2006. In
addition, the future six-story office building (Building F) has approval for signage
above the third floor line.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 12, 2007, with two waivers.
JackieiCase FilesICity Centre Lydia Bank Signageistaff report CC.doc
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
30
39
40
41
42
43
44
45
46
RESOLUTION 12,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING WALL SIGNAGE FOR
LYDIAN BANK AND TRUST WITHIN THE CITY CENTRE PLANNED
UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR TWO WAIVERS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, On April 17, 1997, the City Council adopted Ordinance 15, 1997,
which approved an amendment to the Oakbrook Center Planned Unit Development
(PUD) and the Flame Building Planned Unit Development, now known as the City
Centre, for site plan approval of office, retail, bank, and restaurant space; and
which approved a sign package for the City Centre PUD; and
WHEREAS, on June 19, 1997, the City Council adopted Ordinance 26, 1997,
WHEREAS, on February 18, 1999, the City Council adopted Ordinance 26,
1998, which approved a waiver to allow overhead power lines to remain within the PGA
Boulevard Corridor Overlay and to amend the approved landscape plan for City Centre;
and
WHEREAS, on June 15, 2000, the City Council adopted Ordinance 11, 1999,
which approved, in part, major revisions to the approved master plan for Parcel F; and
WHEREAS, the City has received a request from Urban Design Studio, agent for
Lydian Bank and Trust, for approval of waivers to locate two building identification signs,
instead of the one allowed by City Code, above the second floor line of the Lydian Bank
and Trust building, which is located at the southwest corner of PGA Boulevard and U.S.
Highway One on Parcel B within the City Centre PUD; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public meeting on
January 9, 2007, and voted 7-0 to recommend approval to the City Council; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
Date Prepared: January IO, 2007
--
Date Prepared: January IO, 2007
Resolution 12, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. A request by Urban Design Studio, on behalf of Lydian Bank and
Trust, is hereby APPROVED to allow: (1) two building identification signs, one of which
will be 24 inches in height and the other 32 inches in height; and (2) for both signs to be
located above the second floor line on the tower feature of Building B of the City Centre,
as more particularly described for the following property:
LEGAL DESCRl PTlO N :
PLAT OF OAKBROOK CORPORATE CENTRE LYING IN SECTION 4, TOWNSHIP 42
SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, FLORIDA, AS
RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, PLAT BOOK
84, PAGES 109-1 11.
CONSISTING OF 13.58 ACRES.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
1. Waiver from Section 78-285, Table 24, Permanent signs, of the City’s Land
Development Regulations, to allow one additional building identification wall
sign with 32” tall letters on the north tower elevation.
2. Waiver from Section 78-285, Table 24, Permanent signs, of the City’s Land
Development Regulations, to allow two building identification wall signs to
be located above the second floor line on the tower feature of Building B of
the City Centre.
SECTION 4. The signage shall be in compliance with the following documents
and plans, as amended herein and on file with the City’s Growth Management
Department:
1. Design and Specification Drawings, 3 sheets, by Electromedia, Inc., signed
September 27, 2006; Sheets 1 and 3 received November 17, 2006, and
Sheet 2 received January 12,2007.
2. East and North Building Elevation Color Renderings A and B, 2 sheets,
received by the City on November 15, 2006.
SECTION 5. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any public meeting.
2
~~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
Date Prepared: January 10,2007
Resolution 12. 2007
SECTION 6. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLlN ---
COUNCILMEMBER LEVY ---
CO U N C I LM E M B ER VALECH E ---
G:\attorney-share\RESOLUTlONS\wall signage for lydian bank - reso 12 2007.doc
3
urban
LYDIAN BANK SIGNAGE REQUEST
WAIVER JUSTIFICATION
Urban Design
Urban Planning
?I 9
December 19,2006
Land Planning-
Landscape Architecture In association with the Lydian Bank at the City Centre Planned Unit
Development, we are requesting approval for two waivers associated
with this petition. These waivers and their justifications are as follows:
1. Waiver to have two Principal Tenant signs. Section 78-285 of the City’s Sign Code
allows for only one Principal Tenant sign per building. We are requesting two Principal
Tenant signs for the tower feature on the existing Lydian Bank building (formerly known
as the Flame building). As a building located at the intersection of two major arterial
roadways (PGA Boulevard and U.S. Highway l), having a Principal Tenant sign facing
each arterial is an appropriate means to safely direct pedestrian and vehicular traffic to the
use, which is one of the purposes of the City’s Sign Code. Because of the existing mature
landscaping around the Lydian Bank building, the signs will not be visible at the same
time. This request is consistent with other similar requests in other commercial projects in
the City where the buildings have multiple frontages. Please note that the requested sign
contains two lines of letters for a depth of 32 inches high on the northern elevation which
is less than the 36 inches allowed for one line of letters by City Code. On the southern
elevation of the tower feature, we are providing signage only 24 inches high.
2. Signage located above second floor line. Section 78-285 of the City’s Sign Code only
allows for signage to be located at the second floor line or below. We are requesting that
the Principal Tenant signs for Lydian Bank be located on the bank building’s tower
feature. The purpose of the City’s sign regulations are “to facilitate an easy and pleasant
communication between people and their environment.” Because of the existing mature
landscaping on the site which would obstruct any second floor line signage, there is no
“easy and pleasant communication” between vehicular traffic/visitors and employees. By
approving this request and allowing the signs to be placed on the tower element, the
applicant would be able to provide the proper sigange to identify the building and direct
visitors there in a safe fashion, as is the intent of the City’s sign regulations. The tower
feature is also an attractive location for signage for the building. This request is almost
identical to the signage allowed on Building D, which is directly adjacent to the Lydian
Bank Building. Building D is approved to have signage on its second story tower feature.
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1 100
www.UDSon1ine.com
LCC35
561.366.1 11 1 fax
TO:
FROM:
DATE:
RE:
MEMORANDUM
Jackie Holloman, AICP
Planner
Marly R.A. Minor, AICP
Project Planner
November 29,2006
urban r8n stu 0
Urban Design
Urban Planning
Land Planning
Landscape Architecture
LYDIAN BANK SIGNAGE MISCELLANEOUS PETITION -
PHOTOS FROM SITE
Pursuant to our conversation, below are a series of photos from the City Centre Planned Unit
Development with regards to our Lydian Bank Signage Miscellaneous petition. Please include
this as part of our discussion and
justification of the two signage waivers
we are requesting.
IF'- "."
I
1. View from PGA Boulevard. In this
view, you can see the northern
elevation of the tower on which the
requested signage will be located.
Please note the considerable
vegetation around the Lydian Bank
building.
2. View from PGA Bou1evardKJ.S.
Highway 1 intersection. In this
view, the northern view of the tower is
barely visible because of the existing
vegetation and the eastern view is not
visible. After walking along the PGA
Boulevard and U.S. 1 frontages, there
is no view which will show both
proposed
signs.
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1 100
www.UDSonline.com
LCC35
561 366.1 I I1 fax
3. View from eastern parking lot of
Lydian Bank. Directly east of the
Lydian Bank Building is the first
clear view of the location for the
proposed signage from the U.S. 1
frontage.
5. Building D within City Centre PUD.
Building D with is located directly
northwest of the Lydian Bank Building.
Please note that Building has signage
above the second floor and on the
tower. Also, wall signage was
approved, through the adoption of
Ordinance 1 1, 1999, at the third floor
line elevation of six-story Building F,
which has been approved but not
constructed.
4. Existing Tenant Signage at Lydian
Bank Building. This is the only
existing signage on the building to
date.
!!
Additional second floor signage on
Building D. This view shows the
additional second story signage permitted
on Building D within City Centre.
In summary, the requested signage for the Lydian Bank tower is designed to direct motorists and
pedestrian fiom the adjacent major arterial roadways to the bank. As shown above, the both sign
faces will not be able to be viewed at the same time because of the existing vegetation on the site.
In addition, the signage proposed is consistent with the signage approved for Buildings D and F
within City Centre. Please note that the requested Lydian Bank signage is smaller than the 36-
inch high letters permitted for Buildings B and D.
Should you have any questions, please feel free to contact me at any time.
a >
. a m a n W
0. IZL L
m
CITY OF PALM BCH GDNS
PLANNING & ZONING DJV
.. i' F
i I
U
W
e .
p -
I i ,! i i I j i ! I i i 1 I ! I i I I I 4-
m la <
1
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 24,2007
Meeting Date: February 15,2007
Ordinance 6,2007 and Resolution 17,2007
Subject/Agenda Item:
Ordinance 6,2007 and Resolution 17,2007: Turtle Beach PGA PUD - Parcel B
First Reading: A request by Don Hearing of Cotleur and Hcaring, on behalf of Turtle Beach,
LTD, for approval of the Turtle Beach PGA Planned Unit Development (PUD) - Parcel B and
rezoning of the property from Residential Medium (RM) to Planned Unit Development/
Professional Office (PUD/PO), to allow for the construction of 2,500 square feet of financial
institution with drive-through facilities and 2,650 square feet of office on a 1.01-acre site. The
Turtle Beach PGA PUD is located on the south side of PGA Boulevard, approximately 500 feet
west of Military Trail and east of PGA Commons PUD Phase 111.
[XI Recommendation to APPROVE with 5 waivers
[ I Recommendation to DENY
Keviewed by:
Planning Manager
Brad Wiseman
City Attorney
De\.elopment
Compliance __
AICP
P&Z Division 76 D i rec tor-
'ralal BenotIiman, AICP
(3 rowth Management
Ad m i n i s tra tor
Kara Irwin, AICP
Approved By:
Originating Dept.:
Growth Management:
Project
Manager s%
Stephen Mayer
Sr. Planner
[XI Quasi -Judicial
[ 3 Legislative
[ ] Public Hearing
Advertised:
[ ] Required
[ XI Not Required
Affected parties:
7' ] Notified
[ X ] Not Required
Finance:
Fees Paid [ $s ]
per memo 1/24107
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
App. w/ conditions
Denied
Rec. approval
Rec. app. WJ/ conds.
Rec. Denial
Continued to:-
Attachments:
Applicant Narrative
Reduced Plans
Resolution 156, 200 1
Resolution 17, 2007
Ordinance 6. 2007
Date Prepared: January 25,2007
Meeting Date: February 15, 2007
Ordinance 6, 2007 and Resolution 17,2007
EXECUTIVE SUMMARY
The subject petition is a commercial Planned Unit Development (PUD) request for
Divosta/Turtle Beach PGA, which is located at the south side of PCA Boulevard, approximately
500 feet west of Military Trail and east of PGA Commons PUD Phase 111. The proposed
Divosta/Turtle Beach PGA PUD consists of a 2,500 square feet of financial institution with two
drive-through lanes and 2,650 square feet of office, on a 1 .Ol-acre site. On January 9, 2007, the
Planning, Zoning, and Appeals Board voted 4-3 to recommend approval of the subject petition to
the City Council. Staff recommends approval of Ordinance 6, 2007 and Resolution 17,2007 with
five waivers and the conditions provided therein.
BACKGROUND
The applicant is proposing a new Planned Unit Development (PUD) for the subject parcel,
located west of the Suntrust Bank building on PCA Boulevard (Parcel A). The subject petition is
a request to develop a 2,500 square feet of financial institution with two drive-through lanes and
2,650 square feet of office on a 1.01 acre site.
On January 2 1, 1982, the City Council approved the DiVosta PGA PUD, through the adoption of
Ordinance 32, 198 1 and thereafter amended by Resolution 72, 1990. The original PUD did not
include Parcel B (the subject parcel). The City approved a site plan for Parcel A, designed with a
shared entrance to PGA with Parcel B, and approved a 48,700 square-foot building including a
bank with 3 drive-through facilities (SunTrust Bank).
The City approved a Future Land Use Map amendment on October 5, 1995, through the adoption
of Ordinance 10, 1995, which amended the Future Land Use Map designation on Parcel B from
Residential Medium (RM) to Professional Office (PO). The zoning of the property remained
RM, Residential Medium Density, which is inconsistent with the current land use designation.
I,AND USE & ZONING
The subject site has Future Land-Use and Vision map designations of Professional Office (PO).
The subject site is included within the PGA Overlay and has a zoning classification of
Residential Medium (E2M). The applicant is requesting a PUD zoning designation with an
underlying zoning of PO, consistent with the future land use of PO. Please note, a Land
Development Regulation amendment is being requested concurrent with this application because
a financial institutional with drive-through facilities is not permitted in the PO zoning district.
Prior to the final adoption of the PUD application by City Council, the proposed Land
Development Regulations amendment, which would allow banks with drive-through facilities in
PO, needs to be adopted first.
CONCURRENCY
The subject site received concurrency approval for 2,500 square feet of financial institution with
drive-through facilities and 2,650 square feet of office on February 7, 2005. The applicant was
rcquired to file for an extension of the build-out date with Palm Beach County Traffic Division
2
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 6, 2007 and Resolution 17, 2007
concurrent with this petition and received a revision to the build-out date on December 5, 2006.
The approved build-out date is now December 201 1.
PROJECT DETAILS
Thc subject petition is a request to develop a 2,500 square feet of financial institution with two
drive-through lanes and 2,650 square feet of office, located on the south side of PGA Boulevard,
adjacent to the existing SunTrust Office building on the southwest corner of Military Trail and
PGA Boulevard.
Site A ccess
The vehicle access will be located off of PGA Boulcvard. The entry is one lane in and two lanes
out, separated by a landscape island. This entry currently serves as access for the existing
SunTrust Office Building site to the east of the subject property. Staff supports the proposed
shared access as it encourages connectivity of commercial activities along the PGA Boulevard
corridor, consistent with City Code Sec. 78-221(d)l(f). Staff finds that the proposed widths of
the drive-through lanes (8.5 feet) are adequate for proper vehicular circulation. For reference
piyposes, drive-through lanes have been approved as narrow as 8.5 feet for the SunTrust Bank
and Bank of America at the Mirasol Walk PUD.
A rchitectirre
The proposed bank consists of a Mediterranean architectural style, accentuated with a barrel tile
roof, decorative banding, window treatment and door ornamentation with keystones. The
architecture includes articulated rooflines, decorative ornamentation, canopied windows and cast
stone bandings. The east and north elevations include a dominant entrance feature, which further
enhances the elevation. The maximum building height is 23.66 feet, measured from the hip of
the roof. The colors of the building are compatible with the surrounding buildings: Light Beige
and Cream (Sea Sand and Willow Twig) for the walls; Emerald Green (Scarab Luster) for the
accents; and Off White (White Mist) for the trim. In accordance with City Code Section 78-221,
PGA Boulevard Corridor Overlay, the drive-through facilities do not face PGA Boulevard and
are located on the south elevation.
Tlic landscape plan provides planting materials and quantities consistent with City Code. The
perimeter of the site contains specimen oak trees, with greater emphasis placed at buffering the
residential property to the south and a 55-foot landscape buffer along PGA Boulevard.
Ornamental Ligustrum trees are dispersed with a row of 10 Live Oak trees are proposed on the
southern landscape buffer. The applicant is proposing a berm and pedestrian amenities within
the PGA Boulevard buffer. Staff notes that the applicant is not proposing landscaping on the
western perimeter of the property because the adjacent property (PGA Commons) has provided a
hcdge and specimen oak trees. In lieu of perimeter landscaping, the applicant is providing a IO’
utility easement for the City to utilize for any fiiture irrigation plans. At the northern property
linc, the applicant has included a two-foot high landscape berm as requested by staff. The buffer
3
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 6, 2007 and Resolution 17, 2007
and berm include Royal Palm trees to assist in screening the adjacent drive-through facilities.
Along the perimeter of the building, a large landscaped area includes trees such as Royal Palm,
Ligustrum, Crepe Myrtle, Sabal Palmetto and shrubs such as, Indian Hawthorne, Dwarf
Cocopluni, Dwarf Podocarpus and Dwarf Yaupon Holly accented with European Fan Palm and
Red Crinum Lily. Foundation plantings are proposed for the bank consistent with City Code
Section 78-320 and include Royal Palm and Alexander Palm trees and Boxwood shrubs. City
Code Section 78-3 13 requires 1,979.2 landscape points; whereas 3,425 landscape points have
been provided.
City Code Section 78-345 requires one parking space per 250 square feet for banks. The total
parking required for this site is 19 spaces, whereas, the applicant is proposing 27 parking spaces.
The City Code allows developments to exceed the minimum parking requirement by lo%, which
in this case is equal to two additional parking spaces (21 spaces total permitted on-site). The
applicant is requesting a waiver to allow for six additional parking spaces. Section 78-345 (d) (4)
permits additional parking spaces if: a) additional open space is provided at a ratio of 1.5 square
feet for each additional square foot of paved parking and vehicular circulation area; and b) the
additional open space and landscaping is utilized to enhance the visual appearance of the
improved site. The additional required open space to justify this waiver request is 1,196 square
feet, which has been reflected on the site plan. 1,266 square feet of open space has been provided
as an enlarged landscape island, located south of the drive-through facilities, which enhances the
visual appearance of the site.
C‘oiitiectivity
On November 1, 2001, City Council adopted Resolution 156, 2001 (please see attached), which
supports the “Summary of Results” in the North Palm Beach County Traffic Summary, final
report. This resolution serves as a policy statement to be utilized by staff in the review of
development applications. Lack of connectivity was identified as one of the top five problems
with regards to traffic patterns. Please note that the applicant is proposing a 25-foot wide cross-
access vehicular connection at the southwest corner of the site, in order to connect with PGA
Commons Phase 111. The owners of PGA Commons Phase I11 have demonstrated their support
of the connection to the Planning, Zoning and Appeals Board, and by letter to staff. Staff finds
that the potential for cross-access will eliminate vehicular trips from PGA Boulevard by
providing optional routes that provide direct access to Military Trail and avoid double tracking
on PGA Boulevard. Please note that by approving this connectivity, vehicular traffic access will
be possible from the SunTrust Bank, through PGA Commons Phase 111 to PGA Commons Phase
II without the need to utilize PGA Boulevard.
City Code Section 78-285 permits one ground sign for the first 300 lineal feet of right-of-way.
The applicant does not have the required initial 300 feet to allow a ground sign; therefore, the
applicant is requesting a waiver to allow for one ground sign. The sign is proposed on the north
side of the property, located near the entrance. The ground sign is 42 square feet in copy area,
4
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 6, 2007 and Resolution 17, 2007
six feet in height, seven feet wide and has a 10-inch letter height. Section 78-285 permits a 60-
square foot sign, with a maximum height of 10 feet. The applicant is also proposing two
building identification signs, a wall sign for a principal structure and a wall sign for a ground
floor tenant. They are located on the north and east elevations. The principal tenant sign (the
north elevation) has a 36-inch letter height and is 78 square feet in copy area. The secondary
tenant sign (the east elevation) has a 24-inch letter height and is 24.8 square feet in copy area.
Section 78-285 permits a 24-inch letter height and a copy area of 39 square feet for the east
elevation and a 36-inch letter height and 78 square feet of copy area for the north elevation.
The applicant has provided a photometric plan as required by City Code Section 78-1 82. There
are no instances of off-site light spillage. The average luminance is 3.18 foot-candles (fc), with a
maximum of 7.7 prevalent near the drive through lanes and a minimum of 1 .O fc in the vehicular
areas. The City Code requires the average luminance of the parking area to be at least 1.5 fc and
a niaximuni of 10 fc. The applicant is not requesting a location for an ATM at this time.
This project has received drainage concurrency. The project site lies north of an east-west canal
running along the northern border of the PGA National Golf Estates. The site will utilize the on-
site ex filtration trench to provide water quality pretreatment required by City Code and discharge
into the PGA National Golf Club Estates canal system. The on-site stonnwater drainage system
consists of a conventional inlet catch basin and culvert type systeni to direct runoff to exfiltration
trenches.
( 'P TED Coniplicr i i ce
The petitioner shall comply with the Crime Prevention through Environmental Design (CPTED)
principles included by staff as conditions of approval (Pleuse see coiiditioiis of Lzpprovul).
[This space is intentionally left blank]
5
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 6. 2007 and Resolution 17, 2007
Required
1 ground sign for the
first 300 lineal feet
of right of way
19 parking spaces
m i n i muni
2 1 parking spaces
maxi muni
The applicant is rt rEzzaG- Provided
1 ground sign for
first 245 lineal feet
of R.0.W
27 parking spaces
fJermi tted Signs
Waiver
Reduction of 55
Increase in required
parking greater than
or equal to 10%
Section 78-362: Size
and location of
loading spaces
Section 78-373(c):
Required by-pass
lane
Discussion
(1)
Section 78-3 1 S(b):
licquired landscape
i s I and s
Absence of loading
spaces
(3)
Approve
1 loading space
A landscape island
is required for every
nine parking spaces
located in a row
0
10 parking spaces in
a row between
landscaping
facility shall provide
a pass-by lane
lineal feet of
frontage to allow a
stand alone bldg to
have adequate
signage
Approve
Elimiiiation ofa 10
foot pass-by lane Approve
Allowing one
additional parking
space between
landscaping
(5)
Approve
1) The applicant is requesting a waiver from City Code Section 78-285 to allow for a
ground sign for the first 245 lineal feet of R.O.W, which is a reduction of 55 feet of
frontage necessary to permit a ground sign. The parcel is a stand alone infill site that will
not have an opportunity for a ground sign without this waiver. A ground sign is
beneficial to the public as it delineates two parcels that share a common entrance, the
SiinTrust parcel froni the subject parcel. Otherwise, it would appear as one common site.
Also, staff notes that the applicant’s proposed sign is located approxiniately 350 feet west
of the proposed PGA Coninions Phase I11 ground sign. Therefore, staff finds that this
waiver will not create unnecessary signage clutter along PGA Boulevard. Staff
i*econinieticls LI~~YOIUI.
2) The applicant is requesting a waiver froni City Code Section 78-345, which limits
additional parking to 10% of the City Code requirement to allow for six additional
parking spaces. Due to connectivity to the adjacent SunTrust PUD to the east of the
property, the applicant deems it necessary to have these five additional parking spaces for
overflow and alleviate a parking concern for the SunTrust site. The applicant has
provided the additional 1 ,I 96 square feet of open space within the site that is required by
Section 78-345 (d) (4) for justification of this waiver. For reference purposes, this waiver
6
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 6, 2007 and Resolution 17, 2007
has also been granted to the SunTrust Bank and Bank of America at tlie Mirasol Walk
PUD. Stlrff reconitiieticls qp-ovnl.
3) The applicant is requesting a waiver from City Code Section 78-362, which requires one
loading space for this site. The applicant has indicated that banks of this nature in the
area have not had a need for a loading space. The applicant has stated that the armored
trucks will utilize regular parking spaces and do not need a separate loading space.
Therefore, the applicant is requesting a waiver for the absence of a loading space. In-lieu
of the required loading space, the applicant is providing in excess of 51 1 square feet of
open space more than the additional open space required for waiver #2 and #4. For
reference purposes, this waiver was also granted to the Bank of America and SunTrust
banks at tlie Mirasol Walk PUD. Stcrff recotnnietids cipproval.
4) The applicant is requesting a waiver fi-om City Code Section 78-373, which requires a
10-foot pass-by lane for every drive-through Fdcility. Since the Planning, Zoning and
Appeals Board (PZAB) hearing, the applicant has removed the pass-by lane in order
provide a 25-foot cross connection to the PGA Commons phase I11 site. Since this
waiver is a direct result in providing the public benefit of cross-connection, staff is in
support of granting the waiver. Staff also notes that the circulation no longer dead-ends
at the drive-through lanes. If a user of tlie site wishes to by-pass the drive-through
facility, he or she may continue through the cross-connection instead of using a pass-by
lane. Stiff recorntnends upprovul.
5 The applicant is requesting a waiver from City Code 78-315, which requires that a
landscape island be required for every nine parking spaces in a row. The applicant has
proposed one location where there are 10 parking spaces in a row without a landscape
island. In response to comments from staff, the applicant has provided a 25-foot cross
connection to the PGA Commons Phase 111 site. Providing the connection resulted in the
loss of one parking space along the westein property line. In order to retain the same
amount of parking provided on-site, the applicant is requesting this waiver. Since this
waiver is a direct result in providing the public benefit, staff is in support of the waiver
request. St@ recoinniencls upprovul.
SUMMARY OF PLANNING, ZONING & APPEALS BOARD COMMENTS
The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public
hearing on January 9, 2007, and voted 4-3 to recommend approval to the City Council. The
PZAB members that voted in support of the project commended the architecture and were in
favor of providing a cross-access connection to tlie PGA Commons Phase I11 property as
requested by staff. Please note the following:
The upplicunt hns revised the plans beitig requested io reflect the cross-uccess cotinectiviiji.
Stuff notes tlicit two additional wuivers are dire to the revision of the plnns resulting froin the
ct-oss-ciccess connection. The upplicunt is requesting ci wuiver from Section 78-3 73, which
reqirit-es LI tetiTfoot puss-by lune, and u wuiver to Section 78-3 15, which limits the riunzher of
purking spices thut ure tillowed between Iundsccipe islciticls. Stcff is in suppout of both waivers,
7
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 6, 2007 and Resolution 17, 2007
tis thej 9 WP tiecessm-1, for proviciirig CI 25foot dri\le ciisle to coriiiect with PGA Coiiiiizoris Phuse
III, criitl to mike up for the loss of one pcrrking space 011 the cippliccitit 's original site plan. It is
stuff's professionnl opinioti that the pnss-hj3 kitie is 110 lotiger. tiecessiirj' tiow that the qydiccitit
lirrs pr*ovitled the cross-access coririection. Plecrse riote thcrt riiotorists mij3 tiow have the optiori
to cotititiue throigli the cross-access cotinectioii iti-lieu of etiteritig the tlrive-throirgh~icilit?;.
The dissenting votes were cast by Commissioners Barry Present, Michael Panczak and Dennis
Solonian. The Commissioners expressed concern about the traffic circulation of tlie site and
stated that the site was too small for the proposed floor plan. As such, these members suggested
revising tlie site plan to reflect a sinaller floor plan or possibly a two-story buildings with sinaller
a foot print.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 6, 2007 and Resolution 17, 2007 with the five waivers
and conditions provided therein.
8
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 6, 2007 and Resolution 17, 2007
(I TABLE I II 11 EXISTING ZONING AND LAND USE DESIGNATIONS 11
11 EXISTING USE
Su biect Property
North
Borland (Midtown)
South
Golf Club Estates North
@ PGA National
I1 West
PGA Commons
ZONING
Residential, Medium
Density (RM)
Mixed Use (MXD)
Residential Low Density -2
Planned Community
District (PCD)
(RL2)
Mixed Use (MXD)
General, Commercial
Planned Unit Development
(PUD)
9
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 6, 2007 and Resolution 17, 2007
Site =
Minimum Site Width
100 feet:
Maximum Building Lot
Coverage: 35%
TABLE 2
245 feet
1 1 .51 O/O
CONSISTENCY WITH THE CODE
11 Code Requirement I Proposed Plan
11 Maximum Building Height: I
36 feet
23’8” feet
Setbacks:
Front: 55 feet
Side: 15 feet
Side Street: 40 feet
Rear: 15 feet
Minimum Parking
Maximum Parking
Required: 19
Allowed: 21
Front: 55’
Rear: 55’
Side (W): 15.3’
Side (E): 125’
27 spaces
Consistent?
Yes
Yes
Yes
Yes
No, (Waiver
Requested for 6
additional spaces)
10
Cotleur & 0 Hearing
February 1,2005
Revised Mnrcli 19, 2005
PGA Office Parcel
Statement of Use
(Development Application and Rezoning Request)
Introduction
Turtle Beach, Ltd., (the 'Applicant') is requesting development approval for an
approximately I .Ol-acre site in the City of Palm Beach Gardens. The parcel is zoned RM
/ PGA Overlay, with an underlying Professional Office land use designation. The
property is located on the south side of PGA Boulevard, adjacent to the west side of the
SunTrust Office Building, which is located at the southwest comer of Military Trail and
PGA Boulevard. The parcel is west of Military Trail and 1-95. Located in the PGA
Overlay District, the sits is subject to the specific regulations of that district. Concurrent
with the development application, the Applicant is requesting to rezone the property fiom
RM to a PUD, in order to mainatin consistency with surrounding parcels and properties.
Project Contacts
All correspondence in connection with this request should be directed to:
Cotleur & Hearing Inc.
Donaldson Hearing, ASLA / Kimberly Thaler, Land Use Planner
1934 Commerce Lane, Suite I
Jupiter, Florida 33458
Phone: (561) 747-6336 Ext. 202/227
Fax: (561) 747- 1377
Em ail k thaler@cotleur-hearing corn
PGA Office Parcel
Sile Plan Application
~ ~-~ -- - _-
~~ - ~ --- __- DiVosta PGA Office I Bank Building Project Team
Property Owner / Developer
Turtle Beach, Ltd.
4500 PGA Boulevard, Suite 207
Palm Beach Gardens, Florida 3341 8
Tel: (561) 691-9050
Fax: (561) 622-1 851
Contact: Phil Brandt
Civil Engineer
Lawson, Noble & Webb, lnc.
420 Columbia Drive
West Palm Beach, Florida 33409
Tel: (561) 684-6686
Fax: (561) 684-1 812
Contact: Bob Lawson
Traffic Engineer
Pinder-Troutman Consulting, Inc.
2324 S. Congress Avenue, Suite 1 -H
West Palm Beach, Florida 33406
Tel: (561) 434-1644 0 Fax: (561) 434-1663
Contact: Kahart Pinder
Land Planner and Landscape Architect
Cotleur & Hearing, Inc.
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
Tel:
Fax: (561) 747-1377
Contact Donaldson Hearing / Kimberly Thaler
(561) 747-6336 ext. 1 I3
Surveyor
Lawson, Noble & Webb, Inc.
420 Columbia Drive
West Palm Beach, Florida 33409
Tel: (561) 684-6686
Fax: (561) 684-1812
Contact: Bob Lawson
PGA Office Parcel
Sire Plan Apphcarion
~ _- - ~ ~~ - _____ __ -_ --- _. - ~ General Project Description
The Applicant is requesting approval of a development application for 2,650 SF of office
space and 2,500 SF of branch bank, with a two lane drive th. The site is a 1.01-acre
parcel located on the south side of PGA Boulevard, adjacent to the existing SunTrust
Office building (southwest comer of Military Trail and PGA Boulevard).
Zoning / Land Use
The underlying land use designation for the project site is Professional Office. The
property lies within the RM / PGA Boulevard Comdor Overlay District, and would
therefore be subject to the regulations outlined for both districts in the Palm Beach
Gardens Land Development Regulations. The Applicant is requesting the parcel be
rezoned to PUD in order to accommodate the proposed development program and for
consistency with the surrounding land uses.
Vehicular Access and Circulation
There is one point of vehicular ingress / egress from the site, directly off of PGA
Boulevard. The entry is one lane in, and two lanes out, separated by a landscaped island.
The proposed point of access for the site is existing, and is one of two access points that
service the SunTrust Office Building to the east. The shared entry is consistent with
Section 78-221 (f) of the Land Development Regulations which states that neighboring
properties in the PGA Overlay District “are encouraged to link their parking lots together
and to share common driveways”. Vehicular circulation throughout the site is two-way,
and is divided into two primary parking areas. A total of forty-one (41) parking spaces
are provided on-site, including two (2) handicap spaces which are required by Code and
are located at the front of the property to provide a direct route into the proposed building
and to the sidewalk / pedestrian system along PGA Boulevard. The Applicant has
proposed parking spaces which do not meet the minimum dimension requirements of 10’-
0” x 18’“’’. The proposed parking stalls (not including handicap) are 9’-0” x 18’-6”. The
Applicant is requesting a waiver for the reduction in the parking space dimension. The
site has been intentionally underdeveloped and “overparked” in order to accommodate
for the parking deficiency on the adjacent site to the east, which is home to some of the
City’s largest employers, including DiVosta, Inc. and SunTrust Bank. The applicant has
provided additional open space to accommodate for the reduction in paved area, as
specified in Section 78-344 (1)(2)(a).
Pedestrian Circulation
The Applicant has provided pedestrian connections from the proposed building to the
fiont and rear parking lots, as well as to the existing 6’ concrete sidewalk which runs
along PGA Boulevard. The Applicant has adequately linked the proposed office building
with the PGA Boulevard pedestrian system. A pedestrian courtyard amenity has also
been added to the street side of the building; which includes palm plantings, a bicycle
rack, trash receptacles and benches.
Cotleur Hearing
193 cmce LOW we I
JJLWIB’. kMk3 33458
St1 ili0336 fmi47 1577
0
3
PGA Office Parcel
Site Plan Applicolion
Site Program/ Compatibility
The proposed mix of office and bank use on the site is compatible with surrounding land
uses and the overall character of this portion of PGA Boulevard, west of Military Trail.
The proposed service component of the bank and drive thru is particularly appropriate for
this area, as it fits in with the desired “Main Street” character of PGA Boulevard. The
site plan accomplishes many of the City’s goals as defined in the regulations for the PGA
Boulevard Comdor Overlay, including providing ample open space and encouraging
pedestrian amenities such as well-designed walking paths, generous plantings, etc.
~- -~ ~ _~- ~~ -. ~~- ~ . ~ ..
Setback Requirements
Section 78-221 (4)(a)(l) of the City’s Zoning Code states that all lands west of Prosperity
Farms Road that front onto PGA Boulevard are subject to a special setback requirement
that does not allow for structures or paved areas for motor vehicles to be installed within
55 feet of the road right-of-way. The proposed building is setback +/- 57’ from the
southern right-of-way line of PGA Boulevard, however, the northernmost parking area is
setback only 15’ from the PGA Boulevard right-of-way line. When the 55’ easement was
originally established, and dedicated to the City by the MacArthur Foundation, the
subject property and the adjacent property to the east, were not included, as they were
under separate ownership. The City constructed a sidewalk along the north property line
of the site, without obtaining an easement, and at that time, agreed to work with the
property owner in the future to develop their parcel. The subject property would
essentially be un-developable if improvements were not permitted within the proposed
55’ buffer. The proposed configuration of the subject site respects the 55’ setback with
respect to building placement, with only parking areas located within the 55’ area. The
subject property provides a transition to the site to the east, which does not adhere to the
55’ setback, as originally agreed upon by the City.
Landscape arid Buffer
Bountifd landscaping has been provided along the PGA Boulevard Conidor in order to
achieve the City’s vision of “greening” the comdor and creating the desirable feeling of
expansive open space. Substantial landscape buffers have been incorporated along the
western and southern boundaries, providing adequate screening between the subject site
and the mixed use development to the west and the residential development across the
canal to the south.
Architecture
The architecture for the proposed building is timeless and classic in style, and is scaled
proportionately to existing, surrounding uses. Harmony is achieved through an
appropriate use of scale, proportions, form, materials, texture and color. All building
elevations are treated equally, with the same care and consideration given to style and
details on the northern, street-side faqade and the south, east and west facades which face
parking areas or adjacent developments. Details, such as awnings, have been added to
the faGade to achieve a more personal, pedestrian-oriented scale.
Cotleur Hearing
1936 Cmace to- Wle 1
We: -kd& 33650
0
4 5tl 147 b336 fCU 747 liil
PGA Office Parcel
Site Plan Application
- - Waiver Requests
The Applicant is seeking City Council approval of four (4) waivers, as permitted by the
City of Palm Beach Gardens Land Development Regulations (LDR) Section 78-1 58, to
allow relief from the following site development regulations.
Waiver Request 1 - Parking Stall Width
SECTION 78-344 (])la - Decrease in Width of Parking Stall
The Applicant is requesting a waiver from the required minimum width of a parking stall
for an office use. According to the Palm Beach Gardens Code, off-street parking spaces
are required to be IO’-0” in width and 18’-6” in length. However, subject to City Council
approval, reduced spaces are permissible for office uses. The Applicant is requesting a
variance to allow for a reduction in the parking stall width, to allow for 9’-0” stalls. The
waiver is being requested to provide for consistency with the adjacent property to the
east, which was approved and developed with parking spaces that measure 9’-0” in
width. The drive aisles have been subsequently widened to 26”’’ to accommodate for
this reduction.
Waiver Request 2 - Required Off-street Loading Spaces
SECTION 78-364, Table 35 - Reduction in Required Number of Loading Spaces
Section 78-364, Table 35, states that one (1) loading space is required for structures
containing 0 - 10,000 SF of professional office space. The Applicant is requesting a
variance from this Code requirement, as they have not proposed any loading spaces on
their site plan. The variance is justified in that the mix of professional office space and a
drive thru bank use will not typically have any need for a loading space, in association
with the uses occurring in the building. There is adequate on-site parking and there are
sufficient vehicular mobility options throughout the site.
Waiver Request 3 -Wheel stops
SECTION 78-344 (e) - No wheel stops in parking spaces
The Applicant is requesting a waiver from the requirement to provide wheel stops,
bumper stops or non-mountable concrete curbing within all parking spaces. Wheel stops
have not been proposed in any parking spaces on the site. Wheel stops, when present,
create safety issues and take away from the aesthetic quality of the site. The purpose of
the wheel stop, to avoid encroachment into landscape areas and to avoid conflicts and
encroachment into pedestrian facilities, remains satisfied with this waiver request.
Parking stalls are proposed to be 16’-0” in length, with 2’-6” overhangs, which do not
overlap with any pedestrian routes or required landscape buffers.
5
PGA Office Parcel
Site Plan Application
PROPOSED
Off-street parking
stalls which measure
9’0” by 18’6”
No loading space
No wheel stops are
proposed in on-site
parking spaces
16’ of paved parking
space length, with
vehicle overhang
2’-6” unpaved
Waiver Request 4 - Parking Stall and Bay Dimensions
SECTION 78-344 (L)(3) - Reduction in paved area ofparking space
DEVIATION
12” from the typical
parking space width
One (1) less loading
space than required by
Code
Reduction of wheel
stops in parking spaces
Reduction of paved
area for parking space
by 2’-6”
The Applicant is requesting a waiver to allow for a reduction in the required paved
parking space area, to allow for parking spaces which measure 16’4’’ in length, with
unpaved 2’-6’’ vehicle overhangs. The Applicant is requesting the reduced parking space
depth for the purpose of reducing the amount of paved and impervious area throughout
the site. Also, the Applicant is requesting a waiver from the requirement prescribing
wheel stops for all parking stalls. The proposed parking configuration is clean and
hazard free, and adjacent landscaping will be located so as to eliminate any potential
conflicts with parked vehicles.
Width
Waiver Request Table
The following table briefly summarizes the waivers being requested by the Applicant.
Off-street
Loading
Wheel Stops
Parking Stall
Dimensions
and Ray
REQUEST
SECTION
Section 78-364,
Table 35
Section 78-344
(e)
(U3)
Section 78-344
344( I) 1 a
REQUIREMENT I
ALL0 WANCE
Off-street parking
spaces should be a
minimum of 18’6” by
10’0”
One (1) loading space
for 0 - 10,000 SF of
proposed office use
Wheel stops required
in all parking spaces
Entire minimum
dimension of parking
space should be paved
Conclusion
The Applicant is requesting Site Plan Review for the development of 5,150 SF of
professional office and branch bank space on a 1 .O1 -acre parcel on the south side of PGA
Boulevard, west of Military Trail, in the City of Palm Beach Gardens. The proposed mix
of uses is allowed by right within the CGl Zoning District, and is compatible with
surrounding development. The development meets the County’s Traffic Performance
Standards (TPS). The Applicant is looking forward to providing a high quality
development along the visible PGA Boulevard Comdor.
~ Cotleur Hearing
1936 Ccm-eKe Low hie I
JJonw :Iwo :?1?6
Scl 74i 63% tm ;47 ISi
a
h
F
r .,
1
1'
R
L b z
N a
I I I I /I
i 1
1
1 I
2
i i
I 1
I" .
_I-
I
d . I
F F
,
%&/e Beach, LTD Ofice B/dg
DiVosta Parcel 11
1 I I
me
I
IW
4
I
, i(t. b 13s * 0- B - -0 B I-
__ I z3 -ir E
I -3 Or
Y
f E i'
\\ \ ---t I I I
I
I i
I i
i I
I i
I i
I
I
*-- i8' 1
I ili
CENTRALBLM).
MILIT&RY TFNL
4
L
3
c
9
\ Dl 0' bI
UJ
cl
ml
bl
131
0'
r'
<'
70'
I c s f I 2
5 z U E 'II F rn m a rl Ln 0 0 z VI n n
c f
Palm Beach Gardens - Pah
14 e .n I5 'I I 11 I,' I1 I, 1'1 I'I I1 I-
i I I
*&- 1 L
W.4' I
1 W-C 1
L
L 1 N*vlWWM#
Y4 L I
L D'Y 1 WWWlWIpM
L V.4' 1 L 1
R M -I
i
I
1
1 ,
iim LV nY nom PALM BEACH GARDENS FLORWA 1341O.WZ
TELEPHONf 18611 691~0.01 I FAX' IW11 620-6OB1 E-MNL' KELLVCO~INOVRINO.COM ii: - a!:
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: January 24, 2007
ORDINANCE 6,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA RELATING TO REZONING; REZONING A PARCEL OF
LAND CONSISTING OF 1.01 ACRES, LOCATED ON THE SOUTH SIDE OF
PGA BOULEVARD, APPROXIMATELY 500 FEET WEST OF MILITARY TRAIL
AND EAST OF PGA COMMONS PHASE 111, AS DESCRIBED MORE
PARTICULARLY HEREIN, FROM RESIDENTIAL MEDIUM (RM) TO PLANNED
UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING OF
PROFESSIONAL OFFICE (PO) TO BE KNOWN AS THE DIVOSTA
PGMURTLE BEACH PUD; PROVIDING FOR REVISIONS TO THE ZONING
DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City received petition PUD-06-08-09 from Don Hearing of Cotleur &
Hearing, Inc., agent for Turtle Beach, LTD., for a rezoning from Residential Medium Density (RM)
to Planned Unit Development (PUD) Overlay with an underlying zoning of Professional Office
(PO) to be known as the Divosta PGAlTurtle Beach PUD, on a 1.01 -acre site located on the south
side of PGA Boulevard, approximately 500 feet west of Military Trail and east of PGA Commons
Phase Ill, as more particularly described herein; and
WHEREAS, the subject site is currently zoned Residential Medium (RM) and has a land
use designation of Professional and Office (PO); and
WHEREAS, the Growth Management Department has reviewed said petition, has
determined that it is sufficient, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on January9,
2007, and has recommended approval of the rezoning to the City Council with a vote of 4-3; and
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 empowered to consider petitions related to
zoning and land development orders; and
WHEREAS, the City Council has considered the evidence and testimony presented by the
Petitioner and other interested parties and the recommendations of the various City of Palm
Beach Gardens and Palm Beach County review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in the best
interest of the citizens and residents of the City of Palm Beach Gardens, Florida; and
WHEREAS, the City Council has determined that this Ordinance is consistent with the
City’s Comprehensive Plan based on the following findings of fact:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: January 25, 2007
Ordinance 6, 2007
1. The proposed rezoning of Planned Unit Development (PUD) Overlay with an
underlying zoning of Residential Medium (RM) is consistent with the future land-use
designation of RM.
2. The proposed rezoning is in harmony with the general purpose and intent of the
Comprehensive Plan and the Land Development Regulations, and is compatible with
the intensity and density of the surrounding, existing, and future land uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA that:
SECTION 1. The zoning of the following described property is hereby changed from RM to
PUD with an underlying zoning of PO:
LEGAL D ESC RI PT IO N
A PARCEL OF LAND SITUATE IN SECTION 12, TOWNSHIP42 SOUTH, RANGE42 EAST, THE
CITY OF PALM BEACH GARDENS, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHWEST ONE-QUARTER
OF SECTION 12; THENCE, ALONG THE NORTH LINE OF SAID NORTHWEST ONE-
QUARTER, NORTH 88’37’35” WEST, A DISTANCE OF 572.33 FEET; THENCE, DEPARTING
SAID NORTH LINE, SOUTH 01 ‘22’25” WEST, A DISTANCE OF 60.00 FEET TO A POINT ON
THE SOUTH RIGHT-OF- WAY LINE OF PGA BOULEVARD AND THE POINTOF BEGINNING;
THENCE, FROM THE POINT OF BEGINNING, SOUTH 01 ‘33’1 1’’ WEST, A DISTANCE OF
128.86 FEET TO A POINT ON THE NORTH LINE OF PLAT NO. 1 PGA NATIONAL GOLF CLUB
ESTATES, AS DESCRIBED IN PLAT BOOK 27 AT PAGE 206 OF THE PUBLIC RECORDS OF
WHICH A RADIAL LINE BEARS SOUTH HAVING A RADIUS OF 150 FEET FROM WHICH A
RADIAL LINE BEARS SOUTH 09’59’20” EAST; THENCE WESTERLY, ALONG THE ARC OF
SAID CURVE, AND ALONG SAID NORTH LINE, THROUGH A CENTRAL ANGLE OF 12’22’29’,
A DISTANCE OF 32.40 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 67’38’1 1’’
WEST, A DISTANCE OF 234.32 FEET; THENCE, DEPARTING SAID NORTH LINE, NORTH
01 ‘33’1 1’’ EAST, A DISTANCE OF 232.93 FEET TO A POINT ON THE SAID SOUTH LINE,
SOUTH 88’37’35” EAST, A DISTANCE OF 245.00 FEET TO THE POINT OF BEGINNING.
PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT OF A NON-CURVE
CONTAINING 43,891.49 SQUARE FEET OR 1.008 ACRES, MORE OR LESS.
SECTION 2. The City Manager is hereby authorized and directed to make appropriate
changes on the zoning district map of the City to effectuate the purpose of this Ordinance.
SECTION 3. This Ordinance shall take effect immediately upon adoption.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 46
Date Prepared: January 25,2007
Ordinance 6, 2007
PASSED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of ,2007, upon second and final
reading .
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Ja blin, Counci I member
David Levy, Councilmember
FOR AGAINST ABSENT
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\divosta pg&urtle beach rezoning - ord 6 2007.doc
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
30
39
40
41
42
43
44
RESOLUTION 17,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE DIVOSTA
PGMURTLE BEACH PLANNED UNIT DEVELOPMENT (PUD),
WHICH IS LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD,
APPROXIMATELY 500 FEET WEST OF MILITARY TRAIL AND
EAST OF PGA COMMONS PHASE 111, TO ALLOW THE
DEVELOPMENT OF 2,500 SQUARE FEET OF FINANCIAL
INSTITUTION WITH DRIVE-THROUGH FACILITIES AND 2,650
SQUARE FEET OF OFFICE USE ON AN APPROXIMATELY 1.01-
ACRE PARCEL, AS DESCRIBED MORE PARTICULARLY HEREIN;
PROVIDING FOR 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 empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City received a request (PPUD-06-08-09) from Don Hearing of
Cotleur & Hearing, Inc., on behalf of Turtle Beach, LTD, for approval of the Divosta
PGAlTurtle Beach Planned Unit Development (PUD) to allow for the development of
2,500 square feet of financial institution with two drive-through lanes and 2,650 square
feet of office use on a 1 .Ol-acre parcel, which is located on the south side of PGA
Boulevard, approximately 500 feet west of Military Trail and east of PGA Commons Ill,
as more particularly described herein; and
WHEREAS, the subject site has been rezoned by Ordinance 6, 2007 to a
Planned Unit Development (PUD) with an underlying zoning of Professional and Office
(PO). The subject site has a future land-use designation of Professional and Office
(PO); and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its January 9, 2007, public hearing and recommended its approval by a vote of 4-3; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
Date Prepared: January 24, 2007
Date Prepared: January 24, 2007
Resolution 17, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
WHEREAS, the City Council has determined that adoption of this Resolution is
in the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Planned Unit Development (PUD) application of Don Hearing of
Cotleur & Hearing, Inc., on behalf of the Applicant, Turtle Beach, LTD, is hereby
APPROVED on the following described real property, to allow the development of 2,500
square feet of financial institution with two drive-through lanes and 2,650 square feet of
office use on 1.01 acres of land to be referred to as “Divosta PGA/Turtle Beach PUD,”
generally located on the south side of PGA Boulevard, approximately 500 feet west of
Military Trail and east of PGA Commons Phase Ill, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
ordinance:
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATE IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42
EAST, THE CITY OF PALM BEACH GARDENS, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHWEST ONE-
NORTHWEST ONE-QUARTER, NORTH 88’37’35’’ WEST, A DISTANCE OF 572.33
DISTANCE OF 60.00 FEET TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF
QUARTER OF SECTION 12; THENCE, ALONG THE NORTH LINE OF SAID
FEET; THENCE, DEPARTING SAID NORTH LINE, SOUTH 01’22’25’’ WEST, A
PGA BOULEVARD AND THE POINT OF BEGINNING;
THENCE, FROM THE POINT OF BEGINNING, SOUTH 01’33’11” WEST, A
DISTANCE OF 128.86 FEET TO A POINT ON THE NORTH LINE OF PLAT NO. 1
PGA NATIONAL GOLF CLUB ESTATES, AS DESCRIBED IN PLAT BOOK 27 AT
PAGE 206 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID
SOUTH HAVING A RADIUS OF 150 FEET FROM WHICH A RADIAL LINE BEARS
SOUTH 09’59’20” EAST; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE,
AND ALONG SAID NORTH LINE, THROUGH A CENTRAL ANGLE OF 12’22’29”, A
DISTANCE OF 32.40 FEET TO THE POINT OF TANGENCY; THENCE SOUTH
67’38’11” WEST, A DISTANCE OF 234.32 FEET; THENCE, DEPARTING SAID
NORTH LINE, NORTH 01 ‘33’1 1” EAST, A DISTANCE OF 232.93 FEET TO A POINT
ON THE SAID SOUTH LINE, SOUTH 88’37’35” EAST, A DISTANCE OF 245.00 FEET
TO THE POINT OF BEGINNING.
POINT ALSO BEING A POINT OF A NON-CURVE WHICH A RADIAL LINE BEARS
2
Date Prepared: January 24, 2007
Resolution 17, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
30
39
40
41
42
43
44
45
CONTAINING 43,891.49 SQUARE FEET OR 1.008 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the following five (5) waivers:
1. Section 78-285, Permitted signs, to allow for one ground sign.
2. Section 78-345, Number of parking spaces required, to allow for six
additional parking spaces.
3. Section 78-362, Size and location of loading spaces, to allow for the
absence of a loading space.
4. Section 78-373(c), Required pass-by lane, to allow the absence of a pass-
by lane.
5. Section 78-315(b), Landscape islands, to allow IO parking spaces in a row
without a landscape island and reflected on the site plan.
SECTION 4. This approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
Planning and Zoninq
1.
2.
3.
Prior to the issuance of the first building permit, the Applicant shall post
escrow or make payment in lieu for Art in Public Places in accordance with
the City Code. If the Applicant is proposing art on site, an application for
art approval shall be submitted prior to the issuance of the first building
permit, and the art shall be approved prior to the issuance of the first
Certificate of Occupancy. If the art is not approved prior to the issuance of
the first Certificate of Occupancy, the City shall have the option of
withdrawing the escrow. (Planning & Zoning)
At no time shall staging of construction vehicles and/or service vehicles
occur within a public right-of-way. (Planning & Zoning)
The permitted uses shall consist of bank with drive-through lanes (2,500
square feet) and accessory professional office (2,650 square feet). The
bank with drive-through lanes use shall not exceed 2,500 square feet,
unless a traffic impact analysis is reviewed and approved by the City
Engineer and Palm Beach County, and adequate parking is provided for,
consistent with the City Code. (Planning & Zoning)
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
4.
5.
6.
7.
Date Prepared: January 24, 2007
Resolution 17, 2007
Prior to the issuance of the first building permit for vertical construction, the
Applicant shall install a six-foot tall construction fence with a privacy tarp
around the entire property. Any closure of the existing sidewalk shall be
coordinated with the Growth Management Department for review and approval.
(Planning & Zoning)
All tenant signage shall consist of the same style and color. (Planning &
Zoning)
All on-site lighting shall be cast downward and shall be shielded from adjacent
residential properties. (Planning & Zoning)
All on-site lighting shall be metal halide or equivalent lighting approved by the
Police Department prior to the issuance of the first building permit, and
consistent with the fixtures utilized at the neighboring developments. (Planning
& Zoning)
Citv Engineer
8.
9.
IO.
11.
Prior to construction plan approval and the issuance of the first land
alteration permit, a public access easement shall be granted for all public
sidewalks within the property boundary. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide written authorization from the
appropriate utility companies (easement holders) allowing landscaping
within their respective existing and/or proposed easements. (City
Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide a cost estimate for public infrastructure, landscaping, and irrigation.
The cost estimate shall be signed and sealed by an engineer and
landscape architect registered in the State of Florida. The cost estimate
shall be based on 110% of the total combined approved cost estimates and
shall be posted with the City, prior to the issuance of the first building
permit. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide cost estimates in accordance
with LDR Sections 78-309 and 78-461 and for on-site project
improvements, not including public infrastructure, landscaping, and
irrigation costs for review and approval by the City. The cost estimates
shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida and shall be posted with the City prior to
the issuance of the first land alteration permit. (City Engineer)
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
12.
13.
14.
15.
16.
17.
18.
19.
20.
Date Prepared: January 24, 2007
Resolution 17, 2007
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)
Prior to the issuance of the first land alteration permit, the Applicant shall
submit signed and sealed construction plans with all pertinent calculations
to the City Engineer for review and approval. (City Engineer)
Prior to construction plan approval, the Applicant shall schedule a pre-
permit meeting with City staff. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
prepare a plat, which shall be approved by the City and recorded by the
Applicant prior to the issuance of said alteration permit. (City Engineer)
The Applicant shall furnish to the City copies of all complete permit
applications, certifications, and approvals for the project, to and from all
regulatory agencies. (City Engineer)
Prior to the issuance of the first Certificate of Occupancy, documents
identifying the cross access and maintenance agreement and restrictions
as necessary shall be furnished by the Applicant to the City Attorney for
review and approval prior to such documents being recorded in the Public
Records of Palm Beach County. (City Engineer, City Attorney)
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 cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
Engineer)
The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
The build-out date for Divosta PGAnurtle Beach shall be December 31,
201 1 , unless extended per City Code Section 78-61. (City Engineer)
5
Date Prepared: January 24, 2007
Resolution 17, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Citv Forester
21.
22.
23.
24.
25.
26.
Prior to the issuance of the first Certificate of Occupancy, all landscape
buffers and the wall shall be installed in accordance with the approved
landscape plan. (City Forester)
The Plat shall indicate a %-foot PGA Boulevard landscape buffer
easement, including a public access for sidewalk location as approved in
the referenced site plan. (City Forester)
Prior to the issuance of the first Certificate of Occupancy, the existing
irrigation of the %-foot PGA Boulevard parkway shall be taken off of
reclaimed water and put on a private system. (City Forester)
Any part of the PGA roadway shoulder shall be irrigated and landscaped as
approved in the referenced landscape plan and maintained in perpetuity by
the Applicant. (City Forester)
The Applicant shall be responsible for the maintenance of the median of
PGA Boulevard adjacent to the property. The City may enter into a
maintenance agreement with the Applicant at any time in the future for the
maintenance of PGA Boulevard medians, including irrigation and landscape
maintenance. (City Forester)
All utilities shall be located underground, and all utility boxes shall be
screened from the PGA Boulevard right-of-way. (City Forester)
Police Department
27.
28.
29.
Prior to the issuance of the first Certificate of Occupancy, lighting locations
and building addresses shall not conflict with landscaping, including long-
term tree canopy growth. (Police Department)
Prior to the issuance of the first Certificate of Occupancy, the Applicant
shall provide a timer clock or photocell sensor engaged lighting above or
near entryways and adjacent sidewalks for said building. (Police
Department)
Prior to the issuance of the first building permit, the Applicant shall provide a
street address system depicting street names and numerical addresses for
emergency response purposes. Address system depiction shall be in 8.5 X
11” map format. (Police Department)
6
Date Prepared: January 24, 2007
Resolution 17, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
30. 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 approved security and
management plan may result in a stop-work order. (Police Department)
31. Prior to the issuance of the first Certificate of Occupancy, all numerical
addresses shall be placed at the front of the building. Each numerical
address shall be illuminated for nighttime visibility, shall provide bi-
directional visibility from the roadway (when applicable), shall consist of 8
inches in height, and shall be a different color than the color of the surface
to which they are attached. (Police Department)
Miscellaneous
32. Prior to the issuance of the first building permit, digital files of the approved plat
shall be submitted to the Planning and Zoning Division, and approved civil
design and architectural drawings, including floor plans, shall be submitted
prior to the issuance of the first Certificate of Occupancy for each phase. (GIs
Manager, Development Compliance Officer)
33. The Applicant shall be required to notify the City’s Public Works Division
via fax at least 10 working days prior to the commencement of any
workkonstruction activity within any public right-of-way within the City. In
the case of a City right-of-way, the property owner has at least five 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 may result in
a stop-work order of all workkonstruction activity within the public right-of-
way and the subject site. (Public Works)
SECTION 5. This Planned Unit Development (PUD) amendment approval shall
be constructed in compliance with the following plans on file with the City’s Growth
Management Department:
1. Turtle Beach Office Building Site Plans and Site Details, Sheets 1 through
3 of 5, by Cotleur & Hearing, Inc., last revised on January 18, 2007, and
received and stamped by the City on January 26, 2007.
2. Turtle Beach Office Building Landscape Plans and Landscape Details,
Sheets 4 and 5 of 5, by Cotleur & Hearing, Inc., last revised on January 18,
2007, and received and stamped by the City on January 26, 2007.
3. Turtle Beach Office Building Architectural Elevations, Sheet AI, by Kelly
Design & Architecture, Inc., last revised on May 5, 2006, and received and
stamped by the City on May 11 , 2006.
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Date Prepared: January 24, 2007
Resolution 17, 2007
4. Turtle Beach Office Building Photometric Plan, Sheet PHM-1 of 1, by E & C
Engineers, Inc., last revised on September 25, 2006, and received and
stamped by the City on October 17, 2006.
5. Turtle Beach Office Building Boundary Survey and Topographic, Sheet
A977, by Lawson, Noble & Webb, Inc., last revised on April 18, 2006, and
received and stamped by the City on October 17, 2006.
SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44 45
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
BY:
Joseph R. Russo, Mayor
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTIONS\divosta pga-turtle bay - reso 17 2007.d~
d
Date Prepared: January 24, 2007
Resolution 17, 2007
PASSED AND ADOPTED this day of ,2007.
9
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 24,2007
Meeting Date: February 15,2007
Ordinance 7.2007 and Resolution 18.2007
Subject/Agenda Item:
Ordinance 7,2007 and Resolution 18,2007: Gardens Commerce Center
First Reading: A request by Ryan Johnston of The .lohiiston Group Land Development
Consultants, Inc., on behalf of Riverside Development, LLC, for approval of the Gardens
Coniinerce Center Planned Unit Development (PUD), to allow for the construction of three
buildings with 41,577 square feet of light industrial use and 27,718 square feet of accessory
professional office use on a 4.45-acre site. The proposed Gardens Commerce Center PUD is
located on the west side of Riverside Drive, east of interstate 1-95, north of Plat 5 and
approximately 300 feet south of Bums Road.
[XI Recommendation to APPROVE with 6 waivers
[ I Recommendation to DENY
Reviewed by:
Planning Manager & - Brad Wiseman
Christine Taturn
City Attorney
L) e v e I op me lit
Compliance
Growth Management 4f /
Administrator
Kara Irwin, AICP
Approved By:
City Mandger/
Originating Dept.:
Growth Management:
Project
Manager sfl
Stephen Mayer
Sr. Planner
[XI Quasi -Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
[ ] Required
[ X ] Not Required
Affected parties:
[ ] Notified
[ X ] Not Required
_.
Finance:
ED Director--’ If
Dolores Key
6: K. I,aboss(ere
Fees Paid [ Yes ]
per iiieiiio 1/25/07
Funding Source:
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:--
Attach inen t s :
Applicant Narrative
Reduced Plans
Ordinance 7. 2007
Resolution 18, 2007
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7. 2007 and Resolution 18, 2007
EXECUTIVE SUMMARY
The subject petition is a Targeted Expedited Permitting Process (TEPP) Planned Unit
Development (PUD) request for the Gardens Coninicrce Center, to allow for the construction of
three buildings with 41,577 square feet of light industrial use and 27,718 square feet of accessory
professional office use on a 4.45-acre site. The project is a part of the TEPP because the major
tenant (Thies Distributing) will create more than 50 value-added jobs to the community. On
January 23, 2007, the Planning, Zoning, and Appeals Board voted 7-0 to recommend approval of
the subject petition to the City Council. Staff recommends approval of Ordinance 7, 2007 and
Resolution 18, 2007 with six waivers and the conditions provided therein.
BACKGROUND
The applicant is proposing a Planned Unit Developnient (PUD) for the subject parcel, located on
the west side of Riverside Drive, east of Interstate 1-95, north of Plat 5 and approximately 300
feet south of Burns Road. The subject petition is a request to develop three buildings consisting
of 41,577 square feet of light industrial use and 27,718 square feet of accessory professional
office use on a 4.45 acre site.
City staff included the project as part of the Targeted Expedited Permitting Program (TEPP) on
December 5, 2006, in accordance with Section 78-57 of the City Code. This project has been
included in the TEPP because it meets the economic development qualifications criteria.
Specifically, the company has the capability to create at least 50 new positions in the City of
Palm Beach Gardens within the first two years of operation. These positions are considered
value-added employment based on the average wages and/or compensation paid by the
employer, and has been endorsed by the City’s Economic Developnient Director. The Business
Development Board (BDB) has authorized this project and has pledged that they will work hand-
in-hand with the developer to retain the company in Palm Beach County. Below is the Annual
Economic Impact Projections for the project, which illustrate that the company (Thies
Distrihzitiiig corporate hendqunrters) generates 1 50 value-added employees with an estimated
average annual salary of over $60,000, which is higher than average wage in Palm Beach County
($4 1,007) and the average wage in Palm Beach Gardens ($45,107).
[The remainder of this page is intentionally left blank]
2
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7, 2007 and Resolution 18, 2007
Table one: Annual Economic Impact Projects
Business Development Board
Annual Economic Impact Projections
NAlCS
Ein p 1 o yn en t
Estimated Payroll
Average Wages
Average Wage as Percent of County's
Average
Total Economic Impact
Total Employment
Total Payroll
Total Output (total annual economic activity)
Average Wages
Average Wage as Percent of County's
Average
Fiscal Impact
PU D-06-03-07
Building 1 (Corporate Headquarters)
150
$9,000,000
$60.000
150%
454
$1 7,235,643
$54,911,391
$37,998
95%
$1,380,715
Total Economic Impact is an estimated combined effect of a company and the ancillary industries
impacted.
Wages based on Florida Agency for Workforce Innovation. 2005 ES-202 program, average county wage of
$40,074 as stated by EFI incentive guidelines.
Fiscal Impact is an estimate of the combined taxes (ad valorem &r non ad valorem) and fees paid by
companies and their employees to Palm Beach County.
This analysis of the economic impacts for project in Palm Beach County is based on the Regional Input-Output
Modeling System (RIMS 11) which uses county specific data published from the Bureau of Economic Analysis. Tax
estimates were figured using 200.5 tax data prepared by the Palm Beach County Property Appraisers Office, 200.5
ACS Population Statistics and the 2003 Regional Economic Information System (REIS).
LAND USE & ZONING
The subject site has Future Land-Use and Vision map designations of Industrial (I) and is in a
Light Industrial (M1 A) zoning district. The applicant is requesting a Planned Unit Development
(PUD) overlay with an underlying zoning of M 1 A, consistent with the fLiture land use of I.
CONCURRENCY
The subject site has received traffic concurrency approval for 69,300 square-feet of light
industrial uses from the Palm Beach County Traffic Division. The applicant is has received
approval from the City's traffic consultant on January 26, 2007 regarding the potential impacts
of the proposed development on the City's roadway network. The build-out date is December
3 1. 2008.
3
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7, 2007 and Resolution 18, 2007
PROJECT DETAILS
The subject petition is a request to develop 41,577 square feet of light industrial use and 27,718
square feet of accessory professional office use on a 4.45-acre site, located on the west side of
Riverside Drive, east of Interstate 1-95, north of Plat 5 and approximately 300 feet south of Bums
Road.
Site Access
The vehicular access will be located via two entrances off of Riverside Drive. The vehicle
circulation is a looped system, which means that users of the site, and more importantly
emergency vehicles, may proceed efficiently in and out of the site without having to do a three
point turn to turn around. The entries are one lane in/one lane out and are separated by 102 feet.
This applicant is requesting a waiver to allow for the two driveways to be less than 150 feet apart
(plecrse see wuivet- section). Please note that this waiver is necessary to implement the looped
system recoinmended by Fire Rescue.
A r -ch it cct ut-e
The proposed industrial buildings share an architectural style typical of a modern industrial park;
two story tilt-up construction with a decorative metal roof, accentuated with decorative banding
and medallions. Each building has a tower feature which helps articulate the rooflines. Building
one is the largest building with the massing offset by articulation in the roofline and the tower
element in the center. The maximum height of Building One is 50 feet, building two is 36 feet
and building 3 is 40.5 feet, measured to the midpoint of the roof. The colors of the buildings are:
Yellow (Clean Yellow with Yellow Tulip banding) for the primary walls; Green (Misty Aqua)
for accent on the secondary walls; and Off White (Queen Anne’s lace) for the trim.
The landscape plan provides planting materials and quantities consistent with City Code. The
perimeter of the site contains specimen oak trees, including 25 existing live and laurel oaks that
will reniain. The perimeter landscaping was planted with greater emphasis placed at buffering
the residential property to the south property line and in providing landscaping along Riverside
Drive. The north property is landscaped with eight clusters of 18 and 20-foot Sabal Palms and a
row of Live oaks. The Riverside Drive landscaping has a meandering sidewalk and planting
theme in accordance with roadway beautification requirements. Dwarf Green Malayan Coconut
Palms and Foxtail Palms are proposed at the entrance, accented with Yaupon Holly. The
southern property line is landscaped with a row of 14-to 16-foot Live Oak specimens, accented
with Spanish Stopper, Florida Privet and Wax Myrtle shrubs. Staff notes that the applicant has
provided landscaping on both sides of an eight foot wall in this location. In accordance with
Section 78-345(d)(4)(a), at a ratio of 1.5 square feet for each square feet of paved parking area
that is reduced through the use of smaller parking spaces shall be provided. The applicant has
planted 1,984 square feet of open space for the reduced parking space dimensions. The additional
open space increases the site total to 38 percent (or 1.7 acres), which is well above the 16 percent
4
Date Prepared: January 25. 2007
Meeting Date: February 15, 2007
Ordinance 7, 2007 and Resolution 18, 2007
(or .71 acres) required by City Code for industrial zoned properties. Staff also notes that City
Code Section 78-3 13 requires 6,977 landscape points; whereas 8,825 landscape points have been
provided.
City Code Section 78-345 requires one parking space per 1000 square feet of industrial use and
one parking space per 250 square feet for office uses. The applicant is utilizing 60% of the total
squarc-footage (41,577 square-feet) to industrial use, while the remaining 40% (27,718 square-
feet) to be utilized as ancillary office use. Therefore, the total parking required for this site is
153 spaces, whereas, the applicant is proposing 155 parking spaces. The City Code allows
dcvelopnients to exceed the niiiiimuin parking requirement by 1 O%, which in this case is equal to
15 additional parking spaces (168 spaces total permitted on-site). The number of proposed
parking spaces is within the maximum parking spaces allowed per code. Therefore, the proposed
parking meets the minimum requirements of the City Code, and the applicant is not required to
obtain a waiver.
Tlie applicant is not requesting a ground identification sign, but is requesting two principal tenant
signs on the second floor of the main building (building one). The signs are proposed on the
south and west elevations of building one. The principal tenant sign (the south elevation) will be
limited to a 36-inch letter height and 90 square feet in copy area. The second principal tenant
sign (the west elevation) will be limited to a 24-inch letter height and 90 square feet in copy area.
Section 78-285 allows one 36-inch letter height and 90 square feet of copy area for principal
tcnant signs (3 percent of the affected building faqade or 90 square feet, whichever is the lesser).
Tlie applicant has provided a photometric plan in accordance with City Code and it is being
rcviewed by staff for consistency.
The subject site lies directly north of the Thompson River and currently has improvements
consisting of a building foundation pad and parking lot which used to be for the Covenant
Church. The draining iniprovements on-site will consist of inlets, pipes and a detention area to
provide water quality pretreatment and legal positive outfall (Thompson River) required by City
Code. The on-site storm water drainage system will be incorporated into on-site drainage areas
and will be treated for the required water quality volume and stonii attenuation in accordance
with the South Florida Water Management District (SFWMD).
C'PTED Coruplitrnce
The pctitioner shall comply with the Crime Prevention through Environmental Design (CPTED)
principles recommended by the Police Department (Plerrse see coritlitioris of ripp/,ovril).
5
Date Prepared: January 25, 2007
Meeting Date: February 15. 2007
Ordinance 7, 2007 and Resolution 18, 2007
Wrr hws
The applicant is requesting the following six waivcrs:
Code Section
Section 78-151 (d)
Setback adjacent to
liesidential District
Section 78-306 (d)
Landscape
B u ffe r/U t i 1 it y
easement overlap
Scc t i o n 7 8 -2 8 5
(Table 24)
Section 78-285
(Table 24)
Section 78-427
Required
The minimum
setback for principle
structures abutting a
residential district
shall be 75’
Maximum 5’
encroach me nt
Maximum 5’
encroachment
One principal tenant
sign per building
Principal tenant
signs above the
second floor line
Maintain a minimum
1 50-foot separation
from adjacent
driveways
Plat approved by
City Council
property prior to
building permit
Provided
65.1’
15’ encroachment
7’ encroachment
Two principal
tenant signs, one the
south elevation and
one on the west
elevation
Two principal
tenant signs above
the second floor line
102-foot separation
between proposed
driveways
Plat approved by
City Council prior
to first Certificate of‘
Occupancy
Waiver
Reduction of 9.9’
from the typical
residential setback
10‘ of encroachment
2’ of encroachment
An additional
principal tenant sign
_. I wo principal tenant
signs above the
second floor line
48-foot deviation
from the required
separation.
Approval of
building permits
without an approved
Plat
Discussion
(4)
I) The applicant is requesting a waiver from City Code Section 78-151(d) to allow for a
setback of 65.1 feet for structures abutting a residential district, which is a reduction of
9.9 feet froni the required residential setback adjacent to an industrial zoning district.
Please note that the abutting residentially zoned property is the 1 OO-foot wide Thompson
River canal. When taking into account the 1 OO-foot wide canal and the 65.1 -foot
building setback, there will be a 165.1 -foot setback between the nearest residential
property and the closest structure. Therefore, staff finds that this waiver meets the intent
o f t 11 e res i dent i al setback reg u 1 at i o ii s . Stcfl recon1 111 eticls qp”owi I.
2a) The applicant is requesting a waiver from City Code Section 78-306(d), which limits
utility easement encroachments of 5 feet into required landscape buffers. The applicant
is requesting a waiver to this City Code requirement for two separate encroachments.
The first part of the waiver is to allow all of a 15-foot utility easement to encroach into a
25-foot landscape buffer along the entire length of the west property line, which is along
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7, 2007 and Resolution 18, 2007
Interstate 1-95. Staff notes that 1-95 is elevated along the entire length of this property.
Tlie view of the subject property from the elevated highway is substantially limited.
Since there are no reductions in the amount of required landscape material with the
western landscape buffer adjacent to 1-95. it is staff‘s professional opinion that this
utility encroachment will not negatively affect the aesthetic character of the site from I-
9 5 . Stir .. ff reconi 111 aids iipp rovicl.
2b) Tlie second part of the waiver is to allow a utility easement to encroach seven feet into a
15-foot landscape buffer adjacent to tlie southern property line. The utility easement
functions as a maintenance easement for the City to access the 1-95 right of way and
Thompson River Canal. Since the applicant has agreed to provide additional
landscaping with existing mature Live Oaks along the entire length of the southern
buffer, combined with the proposed six-foot wall, it is staffs professional opinion that
the southern property line will be adequately buffered. Stiz~i~ecoi~zi~zeii~ls irpprovicl.
3) The applicant is requesting a waiver from City Code Section 78-285, Table 24, which
allows only one sign per tenant. It is staffs professional opinion that by allowing a sign
on tlie west elevation adjacent to 1-95 is consistent with previous waivers that have been
approved for properties that have frontage on 1-95. The signage should also be clearly
identifiable from the parking lot so that visitors of the corporate headquarters can
navigate efficiently to the building. Staff notes that the tenant adds value to the City’s
goal of economic development and for this reason; approval of a waiver for the second
principal tenant sign facing 1-95 is warranted. For reference purposes, staff notes that
the Pointe PUD was approved with a similar waiver. Sti~reconznzerzds tipprovid.
4) The applicant is requesting a waiver from City Code Section 78-285, Table 24, which
does not allow the location of tenant signs above the second floor line. Similar to waiver
#3, the applicant is requesting a clearly visible sign to 1-95 and one facing tlie parking lot.
Due to the height of the 1-95 overpass, any signage below the second floor line would not
be visible. Staff also notes that it is customary for office and light industrial buildings to
require building identification signage above the first floor. Stilffrecoiiziizeiitls iipproviil.
5) The applicant is requesting a waiver from City Code Section 78-508(b), which requires a
1 50-foot separation between adjacent driveways. The proposed driveway configuration
is the result of revisions previously requested by the City’s Fire Rescue in order to
improve the circulation pattern on the site and allow adequate fire vehicle access. The
current configuration maintains the largest separation, while niaintaining adequate access
and circulation. Staff finds that the waiver request is warranted based on the
i in pro v en1 en t s i n t ra ffi c c i rcu lat i on and access. Stiff recoin 111 eiids iipprovtil.
6 The applicant is requesting a waiver to the timing of plat recordation. Section 78-427
requires that an applicant have an approved boundary plat prior to the issuance of a
building permit. The project is a TEPP and the requirement for plat recordation prior to
the issuance of a building permit is not consistent with the intent of the expedited process.
In order to streamline the lengthy proccss of platting the property, the applicant is
requesting that the plat be submitted prior to the issuance of the first building permit and
7
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7, 2007 and Resolution 18, 2007
approved prior to the issuance of a Certificate of Occupancy (CO). Staff supports the
waiver with conditions (Plecise see cotiilitioiis qf appi~ovul) that will ensure a plat is
approved prior to CO. Stuff r*econinientls cippi-old.
SUMMARY OF PLANNING, ZONING, AND APPEALS BOARD COMMENTS
The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public
hearing on January 23, 2007, and voted 7 to 0 to recommend approval to the City Council. The
PZAB commended the design of the proposed project, but raised a concern relative to the
industrial impacts to the residential district adjacent to the subject parcel. Staff notes the
fo 1 1 ow i ng :
Tlie cipplicnnt hm revised the plans to inererise tlie lieiglit of the wdl dorig the southerri propertv
liiie to 8 feet. Stuff hiis also included ci coiitlitioii qf lippi-owl prohibiting “Airtotnobile Repair,
C;ciiei-trl”, “Airto Service Station ~uid Miiior Repciir*s”. “Motorcycle Sdes urid Service”,
Airto/Trirck Botlv Repiiir Shop ”, arid “Boat Repuir ” uses iilorig I.zith those tliut aye prohibited irz
the MIA zoiiiiig district. It is st@> pvofessiotinl opinion thut 1-riising the height of the wall will
iiicreersc the level of privacy crffoovded to the resitlciirs of Pliit 5 cind redlice rioise iirzpcicts fkmi
tlie sirbject pcircel. The limitntiori of uses will fiirtlier erihcirice the protectioii afloorcled to the
.sirri-oirnding residents.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 7, 2007 and Resolution 18, 2007 with the six waivers
and conditions provided therein.
8
Date Prepared: January 2.5, 2007
Meeting Date: February 1.5,2007
Ordinance 7, 2007 and Resolution 18, 2007
TABLE I
EXISTING ZONING AND LAND USE DESIGNATIONS
11 EXISTING USE
II North
Fine Building Warehouse
and
North County Surgicenter
South
Plat 5
and
Thompson River Canal
West
1-95
ZONING
Light Industrial (MIA)
Light Industrial (MIA)
and
Professional and Office
(PO)
Residential Low Density -3
w-3)
Right of Way
Light Industrial (MIA)
LAND USE
Industrial
Industrial
and
Commercial
Residential Low
Right of Way
Industrial
Date Prepared: January 25, 2007
Meeting Date: February 15, 2007
Ordinance 7, 2007 and Resolution 18, 2007
TABLE 2
CONSISTENCY WITH THE CODE
Code Requirement
Site =
Minimum Site Width
100 feet:
Maximum Building Lot
Coverage: 60%
Maximum Building Height:
50 feet
Setbacks:
Front: 25 feet
Side: 15 feet*
Side Street: 15 feet ll Rear: 20 feet
*75 feet when industrial
abuts a residential zoning I district
Parking Required: 153
Parking Allowed: 168
Proposed Plan
542 feet
22.4%
50 feet
Front: 25.8 feet
Side (S)*: 65.9 feet
Side (N): 15 feet
Rear: 34.8 feet
155 spaces
Consistent?
Yes
Yes
Yes
No (Waiver for the
Side setback adjacent
to a residential
district)
Yes
10
J HNSTON GROUP
VIA HAND DELIVERY
December 15,2006
Ms. Kara L. Irwin
City of Palm Beach Gardens
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 33410
Re: Gardens Commerce Center / Thies Distributing
Dear Ms. Irwin:
Pursuant to our meeting on December 6th, we are pleased to announce the relocation
plans of Thies Distributing to the proposed Gardens Commerce Center project. Please
find attached a letter from the Business Development Board (BDB) endorsing the
company’s intent to establish a “corporate home” in the City of Palm Beach Gardens and
requesting that the project be approved for the City’s Targeted Expedited Permitting
Program (TEPP). As stated in the BDB letter, the company’s leases on two facilities are
expiring and the ability to provide a new building in a timely manner is essential to Thies
Distributing’s continued growth in Palm Beach County.
The plans for Gardens Commerce Center have been updated to accommodate the
Thies Distributing relocation and are enclosed for your review. A new waiver request is
also enclosed.
Additionally, please find attached for your files an updated owner’s authorization form
naming Johnston Group Land Development Consultants, Inc. as project agent.
Accordingly, please direct all future correspondence pertaining to the project to this
office.
If you have any questions or require additional information, please do not hesitate to
contact me at your convenience.
President RVgn B. JPston
cc: Ms. Dolores Key, ED Coordinator (via fax)
i
RPBGI, LLC
c/o Pishon Partners, LLC
505 South Flagler Drive, Suite 1002
West Palm Beach, FL 33401
(561) 655-4441
December 1, 2006
Subject: Owners Authorization
Gardens Commerce Center
10415 Riverside Drive
To whom it may concern:
I, Glenn E. Straub, managing member of Pishon Partners, LLC, manager of RPBGl,
LLC, owner of the above-referenced parcel, hereby authorize the firm of Johnston
Group Land Development Consultants, Inc. to act as our agent to file and process
all necessary development approval and permit applications for the subject parcel.
If you have any questions or require additional information, please do not hesitate
to contact me at (561) 655-4441.
Sincerely,
Glenn E. Straub
Managing Member
Gardens Commerce Park / Thies Distributing
1211 512006
Palm Beach Gardens J HNST OUP
GARDENS COMMERCE PARK / THIES DISTRIBUTING
WAIVER REQUESTS
Waiver Request 1 - Setback Adjacent to Residential District
SECTION 78-344(1) 1 a
The Applicant is requesting a waiver from the required minimum setback adjacent to a
residential district for an industrial use. According to the City’s Land Development
Regulations (LDR’s), the required side setback for an industrial property adjacent to a
residential property is 75 feet. The Applicant believes this requirement is intended for
industrial properties that directly abut a residential property. This property is unique in that
along the south side of the property there exists a 100’ wide canal that separates the subject
property and the residential neighborhood to the south. The Applicant is requesting a waiver
to allow for a reduction in the setback adjacent to residential use from 75’ to 65.1’. It should
be noted that over 165.1 feet of separation will exist between the existing residential and the
closest proposed industrial building.
Waiver Request 2 -Landscape Buffer / Easement Overlap along 1-95
The Applicant is requesting a waiver to allow the Code-required 25’ landscape buffer on the
west side of the property to encroach into the existing utility easement by an additional 10
feet beyond the Code maximum of 5 feet. 1-95 is elevated along the entire length of the west
property line, to which this buffer is adjacent. The elevation of the highway in relation to the
subject property substantially limits the view into the site from the interstate and entirely limits
the view of the 25-foot buffer from 1-95. The Applicant is requesting an encroachment into
the easement of 15 feet. There is no proposed reduction in the amount of required
landscape material within the 25’ buffer area.
SECTION 78-306(d)
Waiver Request 3 - Landscape Buffer / Easement Overlap along South Property Line
The Applicant is requesting a waiver to allow the Code-required 15’ landscape buffer on the
south side of the property to encroach into the existing utility easement by an additional two
(2) feet beyond the Code maximum of 5 feet. Since the site is adjacent to a 100’ wide canal,
there is a significant amount of open space between the subject site and the residential
neighborhood to the south. In addition, the Applicant has agreed to provide additional
supplemental landscaping with existing mature live oaks being placed within this buffer along
the length of the south property line. The significant distance between the subject property
and the residential neighborhood, combined with the proposed wall and supplemental
plantings, will provide buffering in excess of that which is typically required by the LDR’s.
There is no proposed reduction in the amount of required landscape material within the 15’
buffer area.
SECTION 78-306(d)
Waiver Request 4 - Increased Number of Parking Spaces
The Applicant is requesting an increase in the required number of parking spaces to allow a
total of 157 spaces; eight (8) spaces beyond the maximum threshold of 110% of the
minimum number of required spaces. This request is made to adequately accommodate the
parking needs of Thies Distributing which is anticipated to employ over 100 employees at this
facility. As required by Section 78-345(d)(4), the Applicant is providing additional open
pervious space at a ratio of 1.5 square feet for each additional square foot of paved parking
and vehicular circulation area.
SECTION 78-345(d)
J
I i
MILITARY TRAIL
z 0
$
I '1
----. - -
e i
EQ I
-3
3 3
. 3 E w
I I
I
I I
II ' I
!
I
8 8 22 gR a f E E! R
i
i I
I i
i I
I i ,
b 2
5 z U E '0 4 E m m v, '0 !!
0"
9
z v,
n
R
-
1
PQ
TI
z 0 3
.
I
f 'I
?
11-1
THEGARDENS
10415 Riverside Drive
3: iT
% : COMMERCECENTER terc
i f e’&
-I
I Y 5‘
8
ni THEGARDENS
1 04 15 Rivexside Drive
1. COMMERCE CENTER a' ~- M OOOa414 LIZ53 commaoc place, mukc b 8 BEACH GARDE'sy 'mRIDA Rlt PPlm bda 83407 ph: 561.478.4457 fc 561.4784108 cn
terc
M' 3'4" 8'4' 20-2" 16'4' 20'-2' 20'0' I
THE GARDENS 5 gga >D E: R 3 2. g. COMMERCE CENTER
3 104 15 Riverside Drive
1:USO7S\plotvIl.la.dwg, 1/26/2007 8:43:M AM, Mlh t"
3-2' 4'0' 1
>@
4 &
m0' 22'0' 22'-0'
I
J
7
I
I
I 4'0' 16'7
-
50' I 64'0'
> >
N
PALM BEACH GARDENS, FLORIDA
M O()ORAI 4
,,,# cotiiiiierce place, suite Ii
~"sl ~ialtii Iieach, Iloiicla RR 407 1111: 561.478.4457 lx: .i(il.178.4102
1:\25075\plotUl.lb.dvq, 1/26/2007 049:12 AM, Rcrdlh
d i
P
3
3
3
3
So'
Wo'
architects
an THE GARDENS
104 15 Riverside Drive
8. COMMERCE CENTER 8.
1:\25075\plotV\l.lc.dwg, 1/26/2007 8:42:53 AM, lacosta ,' ,/' . '\\ "\ 114'PER FT SLOPE \\\ ,' 1/4' PER FT. \, \., 0 ,, ,x, SLOPE ,,, I, \\ '\\ 0 ,/' 114'PER FT SLOPE \\\ ,' SLOPE /' \\\ 1/4' PER FT .I x, ,/' ',, . . '\ A '\ ,' ,' I' '- .. O/ 0
,/'
,_-"
,,I' /' '%
'.
,'
, /'
/' ,'
'\ ,' ,'
/'
,/'
I'
I'
II \\\ I'
'\
, ,'
I
J:\25075\plot\A1.2r.dwg, 1/26/2007 8:47:24 AM, lacosta
'U L13d .NL
3dOlS
-
-@
P ;r
1:\25075\plotU1.3a.dwg, 1/26/2007 8:3910 AM, Mlla
8 3 THE GARDENS g, COMMERCE CENTER S’ 104 15 Riverside Drive
SLOPE
I
SLOPE
114' PER FT.
-
11VPER FT.
SLOPE
114' PER FT.
SLOPE
114' PER FT.
a THE GARDENS 5 2. COMMERCE CENTER
104 15 Riverside Drive I--
3 -. p 3 2. 5 g.
gE5
0 g u, g 3, $
'.
3
THE GARDENS
104 15 Riverside Drive
PALM REACH <;ARDENS, F1,ORIDA
COMMERCE CENTER
1:\25075\plotW.l.dwg. 1/26/2007 8:28:3? AM, rtercilia I/ L
0 rv
E4 ~
1:\25075~W.2.dwp, 1/26/2007 8:30:43 AM, rhrcllla
F rn
3 6 f
C
E 0
Iu
I
1:\25075\plotW3.3.dg, 1/26/2007 8:32:33 AM, rtcrcilla E 0- 0 w 3
x3
P L u"
0 N 'il
-I I I," m
C I CL a THE GARDENS 2. COMMERCE CENTER $' 104 15 Rwerside Drive
c
n R
I
n
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
ORDINANCE 7,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO REZONING; REZONING
A PARCEL OF LAND CONSISTING OF 4.45 ACRES, LOCATED ON
THE WEST SIDE OF RIVERSIDE DRIVE, EAST OF INTERSTATE 95,
NORTH OF PLAT 5, AND APPROXIMATELY 300 FEET SOUTH OF
BURNS ROAD, AS DESCRIBED MORE PARTICULARLY HEREIN,
FROM LIGHT INDUSTRIAL (M-1A) TO PLANNED UNIT
DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING
OF LIGHT INDUSTRIAL (M-1A) TO BE KNOWN AS THE GARDENS
COMMERCE CENTER PUD; PROVIDING FOR REVISIONS TO THE
ZONING DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City received petition PUD-06-03-07 from Ryan Johnston of the
Johnston Group Land Development Consultants, Inc., on behalf of Riverside Development,
LLC, for an approval of the Gardens Commerce Center Planned Unit Development (PUD)
to allow for the development of three buildings consisting of 69,295 square feet of light
industrial and accessory office uses on a 4.45-acre parcel, which is located on the west
side of Riverside Drive, east of Interstate 95, north of Plat 5, and approximately 300 feet
south of Burns Road, as more particularly described herein; and
WHEREAS, the subject site is currently zoned Light Industrial (M-IA) and has a
land-use designation of Industrial (I); and
WHEREAS, the Growth Management Department has reviewed said petition, has
determined that it is sufficient, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on
January 23,2007, and has recommended approval of the rezoning to the City Council with
a vote of 7-0: and
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 empowered to
consider petitions related to zoning and land development orders; and
WHEREAS, the City Council has considered the evidence and testimony presented
by the Petitioner and other interested parties and the recommendations of the various City
of Palm Beach Gardens and Palm Beach County review agencies and staff; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Date Prepared: January 25, 2007
Ordinance 7. 2007
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interests of the citizens and residents of the City of Palm Beach Gardens, Florida;
and
WHEREAS, the City Council has determined that this Ordinance is consistent with
the City's Comprehensive Plan based on the following findings of fact:
1. The proposed rezoning of Planned Unit Development (PUD) Overlay with an
underlying zoning of Light Industrial (M-IA) is consistent with the future land-
use designation of Industrial (I).
2. The proposed rezoning is in harmony with the general purpose and intent of
the Comprehensive Plan and the Land Development Regulations, and is
compatible with the intensity and density of the surrounding, existing, and
future land uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The zoning of the following-described property is hereby changed from
M-1A to PUD with an underlying zoning of M-IA:
LEGAL DESCRIPTION
GARDENS COMMERCE CENTER
BEGINNING THE QUARTER CORNER ON THE WEST LINE OF SECTION 7,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, RUN
DISTANCE OF 61 9.62 FEET TO THE INTERSECTION OF SAID QUARTER SECTION
NORTH 89'57'00" EAST, ALONG THE EAST-WEST QUARTER SECTION LINE A
LINE AND THE CENTER-LINE OF RIVERSIDE DRIVE; THENCE SOUTH 10'33'45" EAST
ALONG THE CENTER-LINE OF SAID RIVERSIDE DRIVE A DISTANCE OF 236.00 FEET
THE CENTER-LINE OF RIVERSIDE DRIVE AS SAID CENTER-LINE FORMS A CURVE
TO THE POINT OF CURVATURE OF RIVERSIDE DRIVE; THENCE CONTINUE ALONG
CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 512.28 FEETTHROUGH
A CENTRAL ANGLE OF 11 "25'48" A DISTANCE OF 102.20 FEET; THENCE SOUTH
OF RIVERSIDE DRIVE AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH
89'57'00" WEST, A DISTANCE OF 32.20 FEET TO THE WEST RIGHT-OF-WAY LINE
89'57'00" WEST, A DISTANCE OF 51 1.90 FEET TO THE EAST RIGHT-OF-WAY LINE
OF 1-95; THENCE SOUTH ALONG THE RIGHT-OF-WAY LINE OF 1-95, WHICH
DESCRIBES A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3969.83
FEET HAVING A CENTRAL ANGLE OF 01 '27'54" A DISTANCE OF 101 50 FEET TO
THE POINT OF TANGENCY OF THE CURVE; THENCE SOUTH 00'13'45" WEST
ALONG THE WEST RIGHT-OF-WAY LINE OF 1-95 A DISTANCE OF 179.95 FEET TO
THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF 1-95 WITH THE NORTH
2
Date Prepared: January 25, 2007
Ordinance 7, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
RIGHT-OF-WAY LINE OF THOMPSON RIVER AS SHOWN ON PLAT NO. 5 OF THE
CITY OF PALM BEACH GARDENS, AS RECORDED IN PLAT BOOK 27, PAGE 95,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'47'45"
EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 248.53 FEET TO
THE POINT OF CURVATURE OF THE NORTH RIGHT- OF-WAY LINE OF THOMPSON
RIVER; THENCE ALONG THE SAID RIGHT- OF-WAY LINE WHICH DESCRIBES A
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1564.34 FEET
THROUGH A CENTRAL ANGLE OF 23'22'02" A DISTANCE OF 637.99 FEET; THENCE
NORTH 33'53'49" EAST ALONG THE SOUTHWESTERLY PROLONGATION OF THE
NORTHWEST RIGHT-OF-WAY LINE OF BUCKEYE STREET A DISTANCE OF 43.91
FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE;
THENCE NORTH 56'06'1 1'' WEST, ALONG SAID RIGHT-OF-WAY LINE A DISTANCE
OF 212.66 FEET TO THE POINT OF CURVATURE OF SAID RIGHT-OF-WAY LINE;
THENCE CONTINUE ALONG THE SAID SOUTHWESTERLY RIGHT-OF-WAY WHICH
DESCRIBES A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 542.28
FEET THROUGH A CENTRAL ANGLE OF 35'22'55" A DISTANCE OF 334.87 FEET TO
THE POINT OF BEGINNING. ALL BEING THE NORTH HALF OF THE SOUTHWEST
QUARTER OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST.
CONTAINING 69,295 SQUARE FEET OR 4.45 ACRES, MORE OR LESS.
SECTION 2. The City Manager is hereby authorized and directed to make
appropriate changes on the zoning district map of the City to effectuate the purpose of this
Ordinance.
SECTION 3. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
Date Prepared: January 25, 2007
Ordinance 7, 2007
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44 45
PASSED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of ,2007, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Ja bl i n, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL S U FFlC I EN CY
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
G:\attorney-share\ORDINANCES\gadens commerce center rezoning - ord 7 2007.d~
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
RESOLUTION 18,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE GARDENS
COMMERCE CENTER PLANNED UNIT DEVELOPMENT (PUD) TO
ALLOW THE DEVELOPMENT OF THREE BUILDINGS CONSISTING
OF 41,577 SQUARE FEET OF LIGHT INDUSTRIAL USE AND
27,718 SQUARE FEET OF ACCESSORY PROFESSIONAL OFFICE
PARTICULARLY HEREIN; PROVIDING FOR WAIVERS; PROVIDING
FOR CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
USE ON A 4.45-ACRE PARCEL, AS DESCRIBED MORE
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 empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City received a request from Ryan Johnston of the Johnston
Group Land Development Consultants, Inc., on behalf of Riverside Development, LLC,
for an approval of the Gardens Commerce Center Planned Unit Development (PUD) to
allow for the development of three buildings consisting of 41,577 square feet of light
industrial use and 27,718 square feet of accessory professional office use on a 4.45-
acre parcel, which is located on the west side of Riverside Drive, east of Interstate 95,
north of Plat 5, and approximately 300 feet south of Burns Road, as more particularly
described herein; and
WHEREAS, the subject site has been rezoned by Ordinance 7, 2007 to a
Planned Unit Development (PUD) overlay with an underlying zoning of Light Industrial
(M-IA). The subject site has a future land-use designation of Industrial (I); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; and
WHEREAS, the Business Development Board and the City’s Economic
Development Manager have endorsed the Gardens Commerce Center project as part
of the Targeted Expedited Permitting Process (TEPP); and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its January 23, 2007, public hearing and recommended its approval by a vote of 7-0;
and
Date Prepared: January 25, 2007
Resolution 18, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is
in the best interests of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Planned Unit Development (PUD) amendment application of
Ryan Johnston of the Johnston Group Land Development Consultants, Inc., on behalf
of Riverside Development, LLC, for an approval of the Gardens Commerce Center
Planned Unit Development (PUD), to allow for the development of three buildings
consisting of 41,577 square feet of light industrial use and 27,718 square feet of
accessory professional office use on a 4.45-acre out parcel, which is located on the
west side of Riverside Drive, east of Interstate 95, north of Plat 5, and approximately
300 feet south of Burns Road, subject to the conditions of approval contained herein,
which are in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION
GARDENS COMMERCE CENTER
BEGINNING THE QUARTER CORNER ON THE WEST LINE OF SECTION 7,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, RUN
DISTANCE OF 619.62 FEET TO THE INTERSECTION OF SAID QUARTER SECTION
NORTH 89'57'00" EAST, ALONG THE EAST-WEST QUARTER SECTION LINE A
LINE AND THE CENTER-LINE OF RIVERSIDE DRIVE; THENCE SOUTH IO"33'45"
EAST ALONG THE CENTER-LINE OF SAID RIVERSIDE DRIVE A DISTANCE OF
236.00 FEET TO THE POINT OF CURVATURE OF RIVERSIDE DRIVE; THENCE
LINE FORMS A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS
OF 512.28 FEET THROUGH A CENTRAL ANGLE OF 11'25'48" A DISTANCE OF
102.20 FEET; THENCE SOUTH 89'57'00" WEST, A DISTANCE OF 32.20 FEET TO
BEGINNING; THENCE CONTINUE SOUTH 89'57'00" WEST, A DISTANCE OF 51 1.90
CONTINUE ALONG THE CENTER-LINE OF RIVERSIDE DRIVE AS SAID CENTER-
THE WEST RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE AND THE POINT OF
FEET TO THE EAST RIGHT-OF-WAY LINE OF 1-95; THENCE SOUTH ALONG THE
RIGHT-OF-WAY LINE OF 1-95, WHICH DESCRIBES A CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 3969.83 FEET HAVING A CENTRAL ANGLE OF
01 '27'54" A DISTANCE OF 101 50 FEET TO THE POINT OF TANGENCY OF THE
CURVE; THENCE SOUTH 00'13'45" WEST ALONG THE WEST RIGHT-OF-WAY
2
Date Prepared: January 25, 2007
Resolution 18, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
LINE OF 1-95 A DISTANCE OF 179.95 FEET TO THE INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF 1-95 WITH THE NORTH RIGHT-OF-WAY LINE OF
THOMPSON RIVER AS SHOWN ON PLAT NO. 5 OF THE CITY OF PALM BEACH
GARDENS, AS RECORDED IN PLAT BOOK 27, PAGE 95, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'47'45" EAST ALONG SAID
NORTH RIGHT-OF-WAY LINE A DISTANCE OF 248.53 FEET TO THE POINT OF
CURVATURE OF THE NORTH RIGHT- OF-WAY LINE OF THOMPSON RIVER;
THENCE ALONG THE SAID RIGHT- OF-WAY LINE WHICH DESCRIBES A CURVE
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1564.34 FEET THROUGH
A CENTRAL ANGLE OF 23'22'02" A DISTANCE OF 637.99 FEET; THENCE NORTH
33'53'49" EAST ALONG THE SOUTHWESTERLY PROLONGATION OF THE
NORTHWEST RIGHT-OF-WAY LINE OF BUCKEYE STREET A DISTANCE OF 43.91
FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE;
THENCE NORTH 56'06'1 1'' WEST, ALONG SAID RIGHT-OF-WAY LINE A DISTANCE
OF 212.66 FEET TO THE POINT OF CURVATURE OF SAID RIGHT-OF-WAY LINE;
THENCE CONTINUE ALONG THE SAID SOUTHWESTERLY RIGHT-OF-WAY
WHICH DESCRIBES A CURVE CONCAVE TO THE NORTHEAST, HAVING A
RADIUS OF 542.28 FEET THROUGH A CENTRAL ANGLE OF 35'22'55" A
DISTANCE OF 334.87 FEET TO THE POINT OF BEGINNING. ALL BEING THE
NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 42
SOUTH, RANGE 43 EAST.
CONTAINING 69,295 SQUARE FEET OR 4.45 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the following six (6) waivers:
1. Section 78-1 51 (d), Setbacks adjacent to residential zoning districts, to allow
a 65.1 foot setback adjacent to the residentially zoned Thompson River.
2. Section 78-306(d), Landscape bufferhtility easement encroachment, to
allow an additional 10 feet of encroachment on the west property line and 2
feet of encroachment on the south property line.
3. Section 78-285, Permitted signs, to allow for two signs located above the
second-floor line.
4. Section 78-285, Permitted signs, to allow for one additional principal tenant
sign.
5. Section 78-508(b), Separation of driveways, to allow a proposed driveway
that has a 102-foot separation from an existing driveway.
6. Section 78-427, Timing of plat recordation, to allow the plat to be approved
prior to the issuance of the first Certificate of Occupancy.
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Date Prepared: January 25, 2007
Resolution 18, 2007
SECTION 4. This approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
Planning and Zoning
1.
2.
3.
4.
5.
6.
7.
8.
In addition to the uses prohibited in Section 78-1 59, Permitted, Conditional,
and Prohibited Use Chart for the Light Industrial zoning district, the
following uses shall also be prohibited: “Automobile Repair, General,” “Auto
Service Station and Minor Repairs,” “Motorcycle Sales and Service,”
AutolTruck Body Repair Shop,” and “Boat Repair”. (Planning & Zoning)
Prior to the issuance of the first building permit, the Applicant shall post
escrow or make payment in lieu for Art in Public Places in accordance with
the City Code. If the Applicant is proposing art on site, an application for
art approval shall be submitted prior to the issuance of the first building
permit for vertical construction, and the art shall be approved prior to the
issuance of the first Certificate of Occupancy. If the art is not approved
prior to the issuance of the first Certificate of Occupancy, the City shall
have the option of withdrawing the escrow. (Planning & Zoning)
At no time shall staging of construction vehicles and/or service vehicles
occur within a public right-of-way. (Planning & Zoning)
Prior to the issuance of the first building permit for vertical construction, the
Applicant shall install a six-foot tall construction fence with a privacy tarp
around south, east, and north property lines. (Planning & Zoning)
Prior to the issuance of the first building permit for signage, the Applicant shall
submit a master signage program for the City Council’s review and approval.
(Planning & Zoning)
All on-site lighting shall be cast downward and shielded from adjacent
residential properties. This includes any interior building lights within building
three. (Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy, all on-site lighting
shall be installed and consist of metal halide or equivalent lighting approved by
the Police Department. (Planning & Zoning)
Prior to the issuance of a Certificate of Occupancy for each building, each
building shall screen all roof mechanical equipment from view. This
includes views from 1-95 and consists of a horizontal line of sight.
(Planning & Zoning)
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
9.
IO.
11.
12.
Date Prepared: January 25, 2007
Resolution 18. 2007
Prior to the issuance of the first Certificate of Occupancy, the Applicant
shall submit the property owners association documents for the City
Attorney’s review and approval. These property owners association
documents shall reflect unity of control for all common areas within the
PUD, including, but not limited to, parking, landscaping, and drive aisles.
(Planning & Zoning, City Attorney)
Prior to the issuance of the first building permit for vertical construction, the
Applicant shall submit a plat for review. Prior to the issuance of the first
Certificate of Occupancy, the Applicant shall have a plat for the subject
property approved by the City Council. No conveyance of any portion of
the property shall occur prior to Council approval of the plat. (Planning &
Zoning)
The permitted uses shall consist of light industrial (41,577 square feet) and
accessory professional office (27,718 square feet). The on-site accessory
professional office uses shall not exceed 27,718 square feet, unless a
traffic impact analysis is reviewed and approved by the City Engineer and
Palm Beach County; and adequate parking is provided for, consistent with
the City Code. (Planning & Zoning)
The Applicant shall submit a tabular summary that includes each tenant
and the square footages for all uses on site. This summary shall be
updated and submitted each time an interior tenant renovation permit and
occupational license are submitted to the City for review and approval.
(Planning & Zoning)
Citv Engineer
13. Prior to the issuance of the Certificate of Occupancy, a public access
easement shall be granted for all public sidewalks within the property
boundary. (City Engineer)
14. Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide written authorization from the
appropriate utility companies (easement holders) allowing landscaping
within their respective existing and/or proposed easements. (City
Eng i nee r)
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
15.
16.
17.
18.
19.
20.
21.
22.
Date Prepared: January 25, 2007
Resolution 18, 2007
Prior to the issuance of the first land alteration permit, the Applicant shall
provide a cost estimate for public infrastructure, landscaping, and irrigation.
The cost estimate shall be signed and sealed by an engineer and
landscape architect registered in the State of Florida. The cost estimate
shall be based on 110% of the total combined approved cost estimates and
shall be posted with the City prior to the issuance of the first building
permit. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide cost estimates in accordance
with LDR Sections 78-309 and 78-461 and for on-site project
improvements, not including public infrastructure, or landscaping and
irrigation costs for review and approval by the City. The cost estimates
shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida and shall be posted with the City prior to
the issuance of the first land alteration permit. (City Engineer)
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)
Prior to construction plan approval, the Applicant shall schedule a pre-
permit meeting with City staff. (City Engineer)
The Applicant shall furnish to the City copies of all complete permit
applications, certifications, and approvals for the project to and from all
regulatory agencies. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
submit signed, sealed, and dated construction plans (paving, grading &
drainage, and water & sewer) and all pertinent calculations for review and
comment. (City Engineer)
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 cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
En g i nee r)
The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
6
Date Prepared: January 25, 2007
Resolution 18, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
23.The build-out date for Gardens Commerce Center shall be December 31,
2008, unless extended per City Code Section 78-61. (City Engineer)
Cif v Forester
24.
25.
26.
27.
28.
29.
30.
The Applicant shall coordinate and receive approval from the Growth
Management Administrator prior to the closing of any public sidewalk. (City
Forester)
Prior to the issuance of the first Certificate of Occupancy, the Applicant
shall install all required buffer plantings in accordance with the approved
landscape plan. (City Forester)
Prior to the issuance of any land alteration permits, the Applicant shall
provide the City with the opportunity to remove and utilize for public use
any vegetation which will not be used in the future landscaping on the site.
(City Forester)
A public access easement along Riverside Drive shall be dedicated on the
plat, and the maintenance and utility easement on the south property line
shall be vacated on the plat. (City Forester)
Prior to the first land alteration permit, funds shall be placed in escrow or a
surety bond provided for an amount equal to 110% of the estimated cost for
la ndsca pi n g . (City Forester)
Prior to the first Certificate of Occupancy, the Applicant shall be
responsible for installing landscaping and irrigation along the Riverside
Drive right-of-way road shoulder adjacent to the property in accordance
with the approved landscape plan. (City Forester)
The Applicant shall be responsible for maintaining the landscaping and
irrigation along Riverside Drive right-of-way road shoulder adjacent to the
property. (City Forester)
Seacoast Utilities
31. Prior to the issuance of the first building permit, the Applicant shall provide a
30-foot wide easement between the 1-95 right-of-way and Building one,
south to the change in direction of the sewer line. (SUA)
32. Prior to the issuance of the first building permit, the Applicant shall apply for
the proper permits to relocate the sewer line. (SUA)
33. The Applicant shall provide vehicular access for Seacoast Utilities over the
sewer line adjacent to 1-95 right-of-way. (SUA)
7
Date Prepared: January 25, 2007
Resolution 18. 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Police Department
34.
35.
36.
37.
38.
Prior to the issuance of the first Certificate of Occupancy, lighting locations
and building addresses shall not conflict with landscaping, including long-
term tree canopy growth. (Police Department)
Prior to the issuance of the first Certificate of Occupancy, the Applicant
shall provide a timer clock or photocell sensor engaged lighting above or
near entryways and adjacent sidewalks. (Police Department)
Prior to the issuance of the first building permit, the Applicant shall provide a
street address system depicting street names and numerical addresses for
emergency response purposes. Address system depiction shall be in 8.5 x
11” map format. (Police Department)
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 approved security and
management plan may result in a stop-work order for all construction
activities. (Police Department)
Prior to issuance of the Certificate of Occupancy for each building, the
numerical address shall be placed on the front elevation. Each numerical
address shall be illuminated for nighttime visibility, shall provide bi-
directional visibility from the roadway (when applicable), shall consist of 8
inches in height, and shall be a different color than the color of the surface
to which they are attached. (Police Department)
Miscellaneous
39. Prior to the issuance of the Certificate of Occupancy, digital files of the
approved plat shall be submitted to the Planning and Zoning Division, and
approved civil design and architectural drawings, including floor plans, shall be
submitted prior to the issuance of the first Certificate of Occupancy. (GIs
Manager, Development Compliance Officer)
40. The Applicant shall notify the City’s Public Works Division via fax at least
10 working days prior to the commencement of any workkonstruction
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
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 workkonstruction activity within the
public right-of-way and the subject development site. (Public Works)
8
Date Prepared: January 25, 2007
Resolution 18, 2007
1
2
3
4
5
6
7
8
9
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
SECTION 5. This Planned Unit Development (PUD) amendment approval shall
be constructed in compliance with the following plans on file with the City’s Growth
Management Department:
1.
2.
3.
4.
5.
Gardens Commerce Center Site Plans and Detail Plans, Sheets 1 through
4 of 6, by Cotleur and Hearing, Inc., last revised on January 25, 2007, and
received and stamped by the City on January 26, 2007.
Gardens Commerce Center Landscape Plans, Sheets 5 through 6 of 6, by
Cotleur and Hearing, Inc., last revised on January 25, 2007, and received
and stamped by the City on January 26, 2007.
Gardens Commerce Center Architectural Elevations, Floor Plan, Roof Plan,
and Electrical Site Plan, Sheets AI .I .a, AI .I b, AI .IC, AI .2, AI .3a, AI .3b,
A3.1, A3.2, and A3.3 by Tercilla Courtemanche Architects, last revised on
January 25, 2007, and received and stamped by the City on January 26,
2007.
Gardens Commerce Center Photometric Plan, Sheet SL-1 , by Cotleur and
Hearing, Inc., last revised on January 26, 2007, and received and stamped
by the City on February 7, 2007.
Gardens Commerce Center Boundary Survey, sheet RPBGI, by Lidberg
Land Surveying, Inc., last revised on December 15, 2006, and received and
stamped by the City on December 29, 2006.
SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
9
Date Prepared: January 25, 2007
Resolution 18, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44 45
PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
AYE NAY ABSENT VOTE: --
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
d
G:\attorney-share\RESOLUTIONS\gadens commerce center - reso 18 2007.doc
10
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 4,2007
Meeting Date: February 15.2007
Ordinance 1,2007
Subject/Agenda Item:
Ordinance 1,2007: Amendment to Subdivision I. AIPP, Sec. 78-261; Sec. 78-262
First Reading: A City-initiated request for approval of a text amendment to Section 78-261 and
Section 78-262, of Subdivision I. Art in Public Places, Code of Ordinances. This City Code
amendment seeks to revise the Art in Public Places prograin definitions, procedures, and standards.
[XI Recommendation to APPROVE
I 1 Recommendation to DENY
Reviewed by:
Planning and Zoning
Division Director
'Tala1 Benothman, AI P
Christine City Attorneydq. P. T
Development Compliance
NIA _.___~
Bahareh K. Wolfs, AICP
Growth Manag @;
Administrator
Kara Irwin, AICP
Approved By:
Originating Dept.:
Growth Management:
P r oj ec t
Manager f//J 3
Brad Wiseman
Planning Manager
[ ] Quasi-Judicial
[XI Legislative
[ ] Public Hearing
Advertised:
[ ] Required
[ XI Not Required
Affected parties:
[ ]Notified
[XI Not Required
TINANCE:
idministrator:
-N/A
illan Owens
3uilding Accountant:
NIA
3y: K. Labossiere
Fees Ida
Funding Source:
] Operating
XI Other N/A
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ 3 Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds
[ ] Rec. Denial
[ 3 Continued to:-
Attachments :
0 Ordinance 1, 2007
0 Subdivision 1. Art ii
Public Places (Section
78-261: Section 78-26:
Date prepared: January 4,2007
Meeting Date: February 1, 2007
Ordinance 1,2007
BACKGROUND
On January 19, 1989, the City Council adopted Ordinance 46, 1988, which created tlie Art in Public
Places program, which set a 2% art fcc requirement for private development with a $1,000,000.00
niininiiuii vertical construction cost. -I he 2% requiretiicnt was later amended to 1 % on September
23, 1993, through the adoption of Ordinance 12, 1993. The City further updated the Art in Public
Places program, as a whole, through tlie adoption of Ordinance 19, 1991; Ordinance 36, 1991;
Ordinance 9, 1998; Ordinance 12, 1909; Ordinance 14, 1999; Ordinance 17, 2000; Ordinance 1 1,
2002; and Ordinance 17,2004.
The most recent amendment in 2004 \vas not to Siihdivisioii !. Art in Pz4hlic Plciees, as is the case
with this petition. Ordinance 17,2004. rather, repealed the former Article 111 of Chapter 2, Code of
Ordinances entitled Koarels, Coiiiiizittecs eiiitl Coiiiiiiissio/~s and adopted a new Article 111, including
Division 2 entitled the “Art in Public Places Advisory Board,” which stated the powers and duties of
the board, as well as membership requirements.
The latest amendment to Szrhclivisiori /. Art iti Public Plcrces was through the adoption of Ordinance
1 I, 2002, which clearly defined that all buildings within planned unit developments and planned
community districts would be assessed cumulatively towards the art in public places requirement.
The current City-initiated code amendment to Srihdivisioii Z. Art in Public Plnces, Sec.78-261 and
Sec. 78-262, is intended to clarify and rearrange the existing language, and include new language
with tlie purpose of providing a more cohesive and comprehensive section that can more effectively
implement the Art in Public Places Program. Therefore, Sec. 78-261 and Sec. 78-262 are repealed
and are rewritten as Sec. 78-261, Sec. 78-262 and Sec. 78-263.
CITY CODE AMENDMENT
This City Code amendment clarifies and updates the Art in Public Places program definitions,
procedures, and req 11 i rements.
Section 78-261 is amended to state thc following: (Deletions are s&&, new language is underlined):
SCC. 78-261, €kAk&w+Art in Public Places Requirements
(a) Defiiiitioiis. The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this division, except where the context clearly indicates a different
meaning .
( 1 ) C‘oiistiwctioii cost means total costs of buildings constructed on the site. This includes
total vertical construction of all buildings on a project site, but exc1udin.g site .. .. infrastructure. A!! bu4d-w- 2
Date prepared: January 4.2007
Meeting Date: February 1,2007
Ordinance 1,2007
Staff note:
The stricken language above is modified and is relocated to the newly created paragraph (d)
Rei! ir iret tiell ts for urt o I- fee- in -lieu of ' cirt.
(2) Dewlopnzent means any capital project to construct or remodel any private or public
developm cnt, except res I dent i al and/or residential components of a mixed-use
development, or any portion thcreofwithin the limits ofthe city, where total construction
cost equals or exceeds $1,000,000.00.
(3) Art, Artii~ouk, or Works qf rrrt mean all tangible creations by artists exhibiting the
highest quality of skill and aesthetic principles and includes all forms of the visual arts
conceived in any medium, material, or combination thereof, including, but not limited to,
p ai n t i n g,, sc ii 1 p t ure, fount a I n s, cn grav i n g , carv i n g, frescos, mob i 1 es , ni u ra I s , co 1 lages ,
mosaics, bas-reliefs, tapestries, photographs, drawings, artist-designed seating, or other
functional art pieces and collaborative design projects between architects and/or
landscapc architects and ai.tists-, together with all hard costs and soft costs such as, but
not limited to, lighting, landscaping, or other aesthetic effects or enhancements integrated
with the art and approved by the growth nianacrement administrator. The city council
shall not consider for approval art objects wliicli are mass-produced in unlimited
q 11 anti t i e s .
Staff note:
The purpose ofthe modifications to the definition ofart. (irtvt'orkor works ofurt is to clarify that art
is created by an artist or artists, and is not mass-produced in unlimited quantities. These definitions
provide for more original and creative works of art throughout the City, by excluding mass-produced
art objects, which arc not necessarily ci-cated by an artist, and are produced and distributed in mass
quantities. Also, artist designed seating is being included as one ofthe possible works of art, which
is consistent with such works of art that have bcen previously approved by the City Council. In
addition, costs associated with the work of art, which have been included in the art budget, are now
provided in the definition for clarification purposes.
(4) Artisr or professiot?cr/ crrtist means a practitioner in the visual arts, generally
recogni/cd by critics and pecrs as a professional of serious intent and ability.
Indications of a person's status as a professional artist include, but are not limited to,
training I ti the arts, inconic realired throu.qli the sole commission ofai-twork, frequent or
consistciit art exhibitions. placement of artwork in public institutions or museums, and
receipt of honors and awards in thc art field.
Staff not e:
The current codc docs not include a definition for an artist. Therefore, this definition sets the
standard, which the Art in Public Placcs Advisory Board and the City Council will use to determine
if proposed art is crcatcd by an actual artist. In addition, this definition sets forth that the applicant
Date prepared: January 4,2007
Meeting Date: February 1,2007
Ordinalice 1. 2007
would have to prove that the work is being created by an artist through a resume, art commissions
etc.
(b) Application I<cquirenients. The applicant shall provide the infonnation described below and
any additional information requested bv the .qrowtli management department necessary to review the
application pursuant (0 the standards of the code.
(1) Application fornis. Tlie application shall be made on fonns provided by the growth
nianagenie ti t department.
(2) Artist information. Portfolio containing photographs of the artist’s existing work,
exhibition and sales histon,, and bioyraphy.
(3) Misccl laneous plans, renderhgs, and details. Artist’s color renderings and/or
pliotoq-aphs of proposed artwork; materials sample board; site plan depicting the
proposed location of the artwork; landscape plan, if necessary, depictina additional
landscapiiic or modifications to existing landscaping; architectural elevations, if
tiecessarv. depicting structures associated with tlie artwork; 1i.qhtin.g - location plan and
lizht fixtyre details; or other information requested by staff, the art in public places
advisory .hoard, or the cit\r council. All submittals shall be required to provide an
accurate representation of (lie proposed artwork.
Staff note:
The addition of tlie application requirements included above is to clarify the current submittal
process. The majoritv of the above-referenced documents are currently submitted with the Art in
Public Places applications, but are not provided in the current City Code. This language will ensure
that tlie applicants u i I1 be well informed of the submittal requirements.
sk) (cJ Vio1atioii.v. Violation of this chapter shall be subject to enforcement as provided in article
VII.
ww--r+ . Rec/iiir.etiietits for cri-t OY fee in lieu of Nrt. All new
development, excepi city projects, where total vertical construction costs ofall buildin.gs on aproiect
site are equal to or greater than $1,000.000.00 shall provide art valued in an amount ofone percent of
tlie total vertical construction costs, ai provided in this section and section 78-262. All buildings
within planned unit developments and planned community districts shall be assessed cumulatively
towards tlie art in puhlic places requircment, even if they are perniitted separately. If tlie aggregate
cost of the entire prolcct exceeds tlie S 1,000,000.00 threshold, each phase of development shall
contribute the required one percent of construction cost towards art in public places for the building
project. Tlie art fee (’or redevelopincnt of an existinli building shall be calculated based on the
construction costs oflie new developiiient e\cludiii,~ the assessed value ofthe existing buildin,gs that
are replaced or rede\ cloped.
3
Date prepared: January 4,2007
Meeting Date: February 1,2007
Ordinance 1,2007
Staff note:
The newly created paragraph (d) cmphasizes thc current requirement, and provides further
clarification through the inclusion of the relocated language that is stricken from the Coristructiori
cost definition. In addition, new language is included to address how the art fee is calculated for
sites that are being rcdeveloped.
(1 ) Resene& Private De\ cloimcnt. A private developer may choose either to provide
artwork on the project site or to contribute one percent of the total vertical construction
costs to the city’s art impxt fund. The city’s art impact fund shall be interest bearing
with all iiitcrest to be retained bv the city.
Staff note:
The language listed above is currently referenced in Section 78-262(a) and (c). The change in the
proposed language ahove is meant to clarify the current code provisions for artwork that is required
for private developnient, by combining the existing language into one sentence. The minor
modification is consistent with the existing language, which allows the developer to have the option
to either place art on their site, or pro\ ide moncy in-lieu of on-site art.
a. Contribution of art. If the developer chooses to provide artwork, the art in public
places advisory board shall review the proposed artwork and shall recommend to the
city council whether to approve, deny, or approve with conditions the selection and
location of the artwork according to the standards of this division. The artwork shall
be pro\ ided as follows:
Staff note:
The new language ahove is intended to clarify the current code by stating clearly the purview of the
Art in Public Places Advisory Board. The actions stated in the above paragraph are consistent with
the current procedurcs of the Art in Public Places Advisory Board.
1- Deposit of liinds. Thc developer shall submit t&ke-ty documentation
to the city shou ing that a deposit was made with the developer’s attorney into
an escrow account in an amount of money equal to the art fee prior to the
issuance of thc first building permit. The developer’s attorney will furnish
the city docuinentation of the withdrawals for payment of art fees in
accordance with the terms of the contract between the developer and the artist
or artists, of1 the developer’s arts consultants. The developer and/or the
developer’s attorney will provide the city a final written certification and
accounting of the payment of art and consulting fees at the conclusion ofthe
placement of ,irtworl<. This certification shall be provided in a manner
acceptablc to tlic city.
Staff note:
The language in this paragraph is currcntly located in Section 78-262@)( 1 ), and is slightly modified
for clarification purposes.
Date prepared: January 4,2007
Meeting Date: February 1,2007
Ordinalice 1,2007
- 2. Surplus balance. Any surplus balance existing in the escrow accounts
after the developer has installed the required artwork shall be collected by the
city. The surplus balance shall be held in a segregated, interest-bearing fund
(the “art impact fund”), and shall be used for the provision of additional art
work at the construction site or another site within the city. Use of such funds
shall be deterniined by thc city council, following a recommendation by the
art in public plxes advisory board, and shall be in accordance with further
provisions of this di\ tsion.
Staff note:
The language in the paragraph includcd above is cut-rently located in Section 78-262(a)(2), and
remains ittichanged \\ it11 the exceptioii of the addition of(the “art impact fund”) language, which is
intended to clarify thc interest-beariny fund, and the language that a recommendation needs to be
made by the Art in Public Places Ad\ isory Board before City Council takes formal action.
- 3. Artist selection. The selection and commissions of the artists shall be by
written contract between the developer and artists.
Staff note:
The language above rcniains unchangcd. The language is currently located in Section 78-262(a)(3).
- 4. Art consultant. The developer may utilize up toupercent ofthe required
fee to retain ai1 art consultant to assist in the selection and procurement of
required artwork; an additional 3 percent of the required fee shall be used to
pay the city for administering the art in public places program. The art
consultant shall have no financial relationship with the artist, nor any
ownership in artwork purchased by the developer. The artist shall be allowed
to act as the art consultant for the art petition, but shall be precluded from
receiving the ii1-t consultant fee.
Staff note:
The language in the I,aragraph included above is currently located in Section 78-262(a)(4), and is
amended in order to reduce the percentage that the developer may utilize to retain an art consultant
from 15 percent to 12 percent. The three percent difference will now be allocated to administer the
Art in Public Places program. In addition, in cases where the artist serves as the art consultant, it is
staffs professional opinion that this may provide for a conflict of interest, and therefore, new
language has been added to prevent tlic artist from receiving the art consultant fee.
5. Vertical construction cost overruns. Prior to the issuance of the final
certificate of occupancy for a project, the developer shall submit a revised
construction cost certification. If the final cost of the vertical construction for
the entire project is higher than the cost figure used to calculate the
preliminary art hiidget, the art budget mtst shall be increased as necessary to
equal one perccnt ofthe actual defined total vertical construction cost for the
, project. The art hiidget +++I& shall be revised within 30 calendar days of any
Date prepared: January 4,2007
Meeting Date: February 1, 2007
Ordinance 1,2007
such changes.-l’hc increase in the art budget due to the final increase of the
vertical construction cost for the entire project shall be placed in the city art
impact fiuid, or shall be used for tlie provision of art on site, at the option of
the developer.
Staff note:
The language in the paragraph included above is currently located in Section 78-262(a)(5). It is
being modified to clarify that cost overrims are based on the entire project’s final vertical
construction cost. In addition, the ne\\ language specifies that increases in the art budget can either
be placed in the art impact fund, or the (lei cloper can utiliTe it for the provision of art on the site. For
example, if a project has an original vci tical construction cost of $5,O00,000.00, and the final vertical
construction cost is $6,000,000.00. the increase in the vertical construction cost would be
$1,000,000.00, therefore, 1 % of $1,000,000.00 is $10,000. The art budget would be increased by
$10,000, which shall be placed in the art impact fiind, or shall be utilized towards placement of art
on site.
- 6. Appraisal. -1.0 cstablish the value of art submitted to comply with this
division, the ci~v may xt ir, >
at&m+&+etiiploy an independent art appraiser to provide a written
appraisal of tlic art submittcd. Such appraisal will be paid for by the
developer as part of the overall art contribution.
Staff note:
The language in the paragraph included above is modified. It is currently in Section 78-262(g).
2, ArtworI\ pui c~hascd pursuant to the requirements ofthis section belongs to
the property o\\ iier. and shall he insured and maintained in good condition at
all times as detcrmincd by tlie city’s code enforcement official. Maintenance
shall include any associated landscaping or related improvements. The city
has the right to maintain any art it deems improperly maintained and charge
the owner the cost ol’sucli maintenance, including cost of collection, interest,
and attorncy’s !ks.
Staff note:
The language in the Ixiragraph ahove c ~II*I.CIIII~ c\ists in Section 78-261 (6) and Section 78-262(e)(3).
The existing languagc is modified to stLitc that tlie City’s Code Enforcement official will assure that
there will be compliance with the aboi e-stated requirements.
8. Unless an alternative deadline is established in a development order, or a
time extensioii is granted by the growth management administrator, no
certificate of o<ciipancy for the project shall be issued until the artwork is
installed and tlic final certification and accounting of the pament of the
cscrow fees has been provided. Artwork installed in accordance with this
division cannot be altered or removed from the site without approval of the
city council. 44 ..
7
Date prepared: January 4,2007
Meeting Date: February 1,2007
Ordinance 1,2007
Staff note:
The first sentence in the paragraph included above is intended to ensure that the art will be installed
on site. It is also intended to ensure that in tlie case where the applicant has drawn funds from their
escrow account, their attorney would present tlie City with a final accounting of the withdrawals
prior to the issuance of the escrow rclcase letter by tlie City.
9. The artist of approved artwork shall grant to the City of Palm Beach
Gardens an unlimited, pcrpetual, non-exclusive, royalty-free, irrevocable
license to reproduce and distribute two-dimensional reproductions of the
artwork for citv-related purposes, and .grant to the city the exclusive
irrevocable on iiership rights in any trademark, service mark, or trade dress
rielits regardins the artwork, pursuant to a license that shall be approved by
the city attoi-nc>.ty approval of the artwork shall be deemed to be a grant
of the artist li)r autlioriration by third parties to review and reproduce
documents pro\ ~dcd by the artist to the city which are deemed to be public
records pursuant to public record laws of the state. The city shall also have
the option of i‘cktiig to tlie name and title of the artist and artwork in
reproductions.
Staff note:
The paragraph included above is beiny proposed to codify the current artist release form requirement.
For example, the artist release form has to be signed by artists who request to be part of the City’s
postcard series that showcases the Art in Public Places program in the City.
10. Review b\, thal-1: in public places advisory board.
~~.__ A. Woi-I;shop. The applicant shall appear before the art in public
places :icl.\isorv board in order to receive guidance in the initial stages
of the w\.ic\\., In this case, the applicant shall choose between two
types o t’iwiciv dcscribed below:
i. The applicant may appear before the board in order to
rcceivc more detailed direction, if the applicant does not have
a set direction, prior to receiving a final recommendation by
thc~~md. The applicant is strongly encoura.%ed to submit the
poolislios of up to three artists. The portfolios shall contain
!ilio\ogaplis of the artists’ existing works, as well as the
,II$s(+’ biographics; or
ii. l’lic applicant may have a set direction regarding the
artu oik and may appear before the board for preliminary
comments prior to receiving the board’s final
rccommendatioii. The applicant shall submit the portfolio of
tlie proposed artist which shall contain photographs of the
artist’s existing works, as well as the artist’s biography.
S
Date prepared: January 4,2007
Meeting Date: February 1, 2007
Ordinance 1, 2007
Staff note:
The current code does not contain lanyiagc relative to the Art in Public Places review process. The
new language includcd above recliiii.c\ 11ic \\orl\shop stage of the review to be mandatory, and is
intended to assist the applicant at tlic IT(’yiiiiing oftlie process. It is staffs professional opinion that
the Art in Public Places standards slic~i11d Iw IT\ iscd to streamline the process, which will result in
improved public art throughout the CI[;~. I ticrelore, applicants that come before the Board would be
made aware of the policies and procedures to be adhered to. It is to be noted that some applicants
may feel strongly about their choice ol’an artist. In this case, the workshop review is designed so that
tlic applicant can choose between two revie\\ options. Please note that the review language does not
amend the Art in Public Places Advisory Board’s purview in making a recommendation or the City
Council’s as the final decision-making ,iutliority on proposed art.
-~ Criteria ~ for review of artwork by the board. B. In making its
rccotiiiiicti~tation to the city council, the board shall consider the
quality of thc artwork; the exhibition and sales history of the artist;
the artist’s \vorks in public collections and previous public art
purchases or commissions; the ability of the artist to complete the
project 11 ithin a specified schedule; and the compliance with the
st a 11 dai-c i o I’ this division,
Staff note:
The paragraph above was previously ilclctcd from the Art in Public Places section of tlie Code of
Ordinances. It is stall’s professional opinion that it should be added to this latest revision, in order to
set review criteria that the Board will Ibllo\v.
- C. Guicicliiics. The art in public places advisory board may adopt art
in pub1 IC places implementation guidelines to assist both the public
and prii ‘itc scctor planning activities.
Staff note:
The language includcd abov is currently located in Section 78-261 (c)(4). The Art in Public Places
Advisory Board can draft implementation guidelines, which are nonbinding, but are effective in
informing applicants of the preferenccs of’ tlie Board. The guidelines would fiirther facilitate the
review process and provide applicalirs ii clearer understanding of the AIPP Advisory Board’s
g u i de 1 i lies.
1 1. Review b\,’;tal’l-. In niakiiix recommendations to the art in public places
advisory board and to thc city council, staff shall consider tlie standards of
this division in association with sound planning principles.
Staff note:
The current code is not clear on the C’I iteria staff applies to the proposed art during the review
process. Therefore. lhis languayc lia‘. 1,ii.i lid staffs re\,iew procedures.
12. In the casc cdrctlcvclopment of a property which has contributed artwork
0
Date prepared: January 4,2007
Meeting Date: February 1,2007
Ordinance 1,2007
on the site pursLinnt 10 this article, the artwork may be replaced, at the option
of the de\ elopc: . \\ it11 new artwork pursuant to this article, or the existing
artwork may rciii,iin on [lie site. In the latter case, the value of the existing
artwork and it\ placciiicnt must comply with this article as if it were new
ai-twork.
Staff note:
The language above IS being included to ;iddress the future issue of redevelopment. Staff is being
proactive in approach by proposing laiigii:rsc that will address existing art located on sites that may
be redeveloped. The proposed langucitic pro\ itlcs the applicant with an option to either replace the
existing art with lieu art, or keep the e\istiiig art. Ifthe applicant keeps the existing art on-site, he or
she will be required to pay the 1% fee for any new construction that results in an amount above the
cost of the existing art. Thereforc, the 1% requirement for vertical construction equal to or
exceeding $1,000,000.00 would be maintained.
b. Fee in lieu of ai-t\\orl,. Instead of providing artwork on the project site, a
developer may clioosc to contribute one percent of the total vertical construction
costs as the requii-cdii I lkc. If the contribution is made, the contribution shall be
placcd in the city’s art inipact hind and used as provided in section 78-261(d)2. The
contrihutor shall havc IS ini3iit in the use of such funds.
Staff note:
The language in the paragraph stated ;rho\ c is currently located in Section 78-262(c), and is being
clarified to indicate that tlie cotisti-iictioii cost is for vertical construction, and to identify tlie City’s
art account as tlie art impact fund. I his liirthcr clarifies how the contribution shall be used by
specifying tlie section of tlie code to IK ,ipplicd.
(2) Art Impact Fund. Whqi thc de\ eloper provides a fee in lieu of artwork pursuant to
Section 78-261(d)(l)h.. the following shall apply to the use of the funds:
Staff note:
The language in the paragraph includccl ,ibo\-e is mentioned in the existing Section 78-262(a). This
new paragraph clarilics that the Ike iii-licii of artwork provided by the developer shall follow tlie
specified criteria listed in the section.
- a. Thc fee shall be placed in the city’s art impact fund. Funds from the art impact
fund may be spent ;iny\vlierc in the city, and such funds may be spent on any art
- 01- art-related costs ;is, but not limited to, lighting, consulting, landscapin,%
aesthetic features 21 gjiaiicements. Art impact funds shall be expended by the
citv consistent will1 1Igcity’s procurement process.
Staff note:
The language listed above is cui-rentl! rcl‘crenccd in Section 78-262(c), and is clarified to include
current standard procedures. The ciii-rent codc does not have language tliat specifies how the art
impact fund can be utilized. Therefore. tlic language in the paragraph listed above establishes this
practice. In addition. the City’s procui-cnicnt process relative to art establishes that purchases less
Date prepared: January 4,2007
Meeting Date: February 1,2007
Ordinance 1,2007
than $50,000 will receive a reconiiiientlatiOii hy the Art in Public Places Advisory Places Board prior
to final approval by tlie City Managcr. Purchases over $50,000 go through a two stage qualifying
request for proposal (RFP) process and will appcar before the Art in Public Places Advisory Board
for a recommendation prior to final appi.o\ a1 by the City Council.
Artist selectioii.Tlie~ty shall issue a call to artists to procure artwork. The art
in puhlic places ad\ i>qi.\ hoard shall rekiew submitted proposals and make a
recommendation to the cit) council on thc selection and commission of artists and
artwork. The selection ,inti commissions of tlie artists and artwork shall be by written
contract between the city and atlists
Staff note:
Thc language listcd above currently c\ists in Section 78-262(c)( l), and is clarified to include the
current standard proccdure. All piqm~,~ is l’or artwork or artists selection will appear before the AIPP
Board for a recomnieiidation and bcli)l c thc City Council for final approval.
- c. Use of purchased art. All artwork purchased by the citygequired art fee
contribution shall be displayed on city-owned land, a city-owned building, or a city-
leased or rented facility ~inlcss otherwise approved by the city. The artwork shall be
displayed in a visually cqccssiblc location, which shall be suitable to the design ofthe
site, in order for the public to rcceive the most enjoyment and benefit from the art.
Staff note:
The first sentence of tlie paragraph iiicludcrl above currently exists in Section 78-262(~)(2) and is
amended to allow for more options M Iiei-e art can be placed. The second sentence has been amended,
to allow for public art to be integrated with the site design. It is staffs professional opinion that a
greater degree of flexibility should be allowed when determining the placement of the art. For
example, a pedestrian plaza withiii a de\ clopnient with a mix of uses may be more appropriate for
public art than a portion ofthe site that tloes not lend itselfto pedestrian activity. One such example
is of the Thonias Jeflkrson sculpturc, \\ Iiicli \\as approvcd in the main plaza at Mirasol Town Square.
The location of their piece is acccssihlc to pcdcstrians and accents the central gathering area of the
development. If the art was placcd along .log Road, where the greatest number of passers-by would
have been, it is staffs professional opiiiion that the public eiijoynient ofthe art would not have been
maximized.
- d. Art consultant. Tlic city may utilize ~ funds
allocatcd from thc art account to retain an art consultant
. The artist shall be allowed to act &-asst- -,I + dH- I,
as thc art consultant, hilt shall be precluded from receiving the art consultant fee.
..
,-
Staff note:
The first sentence of tlie paragraph iiicliiclcti above currently exists in Section 78-262(~)(3), and is
modified to exclude the 15% limit. 1.01. c\,liiiple the 15% limit may pose a problem in cases where
an art consultant is liircd on a contin~iiii~ coiiiract basis for projects and/orplanningpurposes without
sct budgcts. Thercl’ore. by eliniiiiatiiiy tlic 15”0 limit it would be up to the City’s discretion to
Date prepared: January 4,2007
Meeting Date: February 1,2007
Ordiiiance 1.2007
determine the appropriate art consultaiit l’ec iii compliance with the City’s procurement process. The
second sentence is added to prevent ;I po>sililc conflict of interest by eliminating the opportunity for
the artist to also reccive the art consul\ant fce.
- e. Proper insurance co\~cragc shall be maintained by the city on artwork purchased
with funds generated by this article or on artwork whose ownership has been
transferred to the city. The artwork owned by tlie city shall be maintained by tlie city.
Staff note:
Tlie language included above is partial i), statcd in Section 78-262(e)(3) and (f). This paragraph
clarifies the purpose and intention ol’ilic’ (‘i~y (’ode.
Section 78-262 entitled “Fee iiiiposcd on de\ elopnieiits.” is repealed and renamed “Standards for
art work. ”
Section 78-262 is amended to state tlic follo\\iiig: (Deletions are &w&, new language is underlined):
Sec. 78-262. Standards for at-tymJ,
(aJ Artwork shall be displavcd iij_ct i isuallv accessible location, which shall be suitable to the
design of the site, in order for thc public to receive the most enjoyment and benefit from the art.
Staff note:
All sites are not designed identicallq. and therefore, it is staffs professional opinion that a greater
degree of flexibility should be allo\\ cd \i lien determining tlie placement of the art. It is staff‘s
professional opinion that in order to ina\iiiii/e public art enjoyment, the location of the art should
lend itself to tlie bcnclit of tlie sito’s dc\igii. 1-01. example, a central gathering area within a Mixed-
Use development may be more appropi late Ihr art than a portion of the site that does not lend itselfto
pedestrian traffic such as adjacent to ;I n~ajor arterial.
(b) Artwork shall be integrated into thc o\ erall planning and design for a structure or project,
and shall be compatible with tlic inteiit anti purpose of tlie structure at which tlie work or works are
located.
Staff note:
Tlie language in this paragraph is iincliciiigcd \\ ith the amendment. The language is currently located
in Section 78-261 (c)( 5)b.
(c) Artwork shall be integrated into tlie overall landscaping plan, and landscaping shall be
utilized to enhance tlic visibility of siicli \I orlis.
Staff note:
The language in tlie sentence above is uiichnngcd. The language is currently located in Section 78-
26 1 (c)( 5)c.
12
Date prepared: January 4,2007
Meeting Date: February 1,2007
Ordinance 1, 2007
(d) Artwork shall be lighted at ,I iiiiiiiiiiiiiii from dusk until midnight. The lighting shall be
designed and located in order to pre\ ciil C‘YCCSSIV~ lightin.q, energy waste, ,glare. light trespass and
skv glow.
Staff note:
The language above is proposed to he modified to address any negative effects that may be
associated with the lighting for tlie ;ir1\vorks. The existing art lighting requirement is located in
Section 78-26l(c)(5)d.
(eJ Artwork installed pursuant to thc di\ ision cannot be altered or removed from the site without
approval of the city council.
Staff note:
The language in the sentence above is 1oc;itcd it1 Section 78-262(e)(3) and is not being altered.
Maintenancc. Artwork shall 11: niaintained in good conditions at all times, including any
associated landscapi tis or related iml,i.o\.cmcnts.
Staff note:
The language in the sentence above remains iinchanged and is currently located in Section 78-261 (6).
(PJ All artworl\ purchased hy tlic city I-ccluil-ed art fee contribution shall be displayed on city-
owned land, a city-o\\ tied building, 01’ ‘I citj-lcased or rented facility.
Staff note:
The language above is located in Section 78-202(~)(2), and is unchanged with this amendment.
(h) Zoning aiid Building considerat ion. Consideration shall be given to project zoning. Permits
and building approval shall be obtained. \\ lien necessary, and shall be in compliance with the Florida
Building Code, the National Electric (‘c;dc and the previously approved plans by city council.
Staff note:
The language above is located in Section 7S-20 1 (c)(2), and is being modified to specifically state
that permits, which are submitted for construction review are consistent with the plans that were
approved by the City Council, and arc in compliance with the above-referenced applicable codes.
Section 78-263 is created to state tlie li)llo\\ ins: (Deletions are W, new language is underlined):
Sec. 78-263. Wai\.cr of Requii-cmeiir
@-)@ Wai\ CI-. The city coiiticil may 1% aive the requirements contained in this division,
utilizing the standards containtxi herein. Promotion ofthe general welfare of the city shall be
a major factor in the waiver or reduction of fces.
Date prepared: January 4,2007
Meeting Date: February 1, 2007
Ordinance 1, 2007
Staff note:
As the City develops. rcdevelopmctir ! 1i.i! coniiiicnce in the near future. Therefore, redevelopnient
should not be excluded from the Art iii I’iibIic I’Iaccs fee requirement. Providing art on site would
fiirther enhance the redeveloped projcct
t3)(bl Other upgrades. Upgraclin~ of landscaping, project entrances, and vehicle parking, if
any, which provide substantial iiiipi-o\~ement in excess of existing requirements shall be
factors to be considered in thc \z aivci- process.
(4) @J Critcria for waiver 01. Ikcs. Tlic city council shall consider the following when
considering a request to wail c or i.ediice required fees:
a. The impact of pi‘oposcd improvements on the appearance and utility of an
existing structure;
b. The impact of pi-oposcd improvements on existing and potential tenants or
busincsses; and
c. Tlic probability 01 1 ic oii ncr acquiring substantial or anchor tenants to assist in
relie1 ing financial pi ohlt‘iiis. CYC~SS vacancy rates, dilapidated appearance, and
si m i I ;ir
0 (d) Credit for expendituixx
it; (1) Monies expeticlccl lbr the purpose of meeting minimum code or site plan
requirements shall rccci\ c no credit for payment of required fees.
k(2) Landscaping sli,iII he considered a temporary improvement as compared to a
perinanent structural iiiipro\ cmcnt in determining a nionetary credit. The city council
may not authoriLe mol-e tliaii 50 percent credit for the cost of installing new or
replacement landscaping. Unusual cost of individual plantings or groups of plantings,
such as rare exotics, shall not be considered as the sole factor for credit.
Staff note:
The language above is located in Scclioii 73-203(11)( 1 )(2)(3)(4) and (5), and is unchanged with this
am endmen t .
14
Date prepared: January 4,2007
Meeting Date: February 1,2007
Ordinalice 1,2007
Staff note:
The provision of art on site enhances [lie ,rppc;ir;iiice ofthe site, as well as the overall image of the
City. Therefore, it is staffs professioi1,iI opinion that contribution towards placement of art, or the
actual provision of art on site should he Iuluircd. Therefore, the language in (i) and (j) has been
stricken.
ART IN PUBLIC P1,ACES AD\’ISORY KO.4RD
On June 22,2006, thc AIPP Board rc\ icn cd the proposed AIPP amendment. The comments made
by the AIPP Board arc included belo\\, ‘i;id \~al’l’’s responses are in italics.
1) The AlPP Board asked staff to cl,ii-I I)J 11 hen the art fee was changed from 2% to 1 %.
The art fee 11 (IS crnienderl~i~o~ii .?Yo to 17,; oii Septeiiihes 23. 1993, through the adoption of
Ortlincriice 13. 1993, which i.\ 1.efJ~~tct1 rii the “Hirckgt-ourzcl” of the staff report.
The AlPP Board asked staff to inset-1 additional language related to artist designed seating.
Sttrffliw tirltliwsetl this coiiiiii(’iit 111. ritlrliiig “or otlier,fi/nctioniil art pieces ” to the works of
II rat tlejii itioii.
The AIPP Board asked stal’l’ to c\ aluatc the language regarding mass-produced art in
un 1 i ni i t ed q u an t it i es .
It is staff’s profess iorzn I op iii ioi I t Ii (it 111 c lr r rigiiiige sli oi ilrl rei iia in as it? itiallv proposed. TI1 e
ciirrent cotkc rims not coiittriii p~~)~~i.~ioii.~ Iiriiitirig tirt thut is i~iass-proclrrcecl in udimitecl
qircrrrtities. This lnngtrtrge \\jilt pi‘r>\>i>iit tlic (ipproviil of ort objects that oiie tiiiglit he cihle to
piri-clime iii rr gcirden shop, hiit \i,i!l IIOI liiiiit ivoi-ks of rirt tliirt are prodzrcecl hji (111 artist utitl
rrre pi-t ofrr liiiiitetl etlitioii. l‘li~ix~ i.v ciclrlitioiirrl ltriigiitrge iiritler the works ofcirt defiriitioii
tlicrt litis hceir citklecl, which sicite.v [liii[ [he (i/*t\t~[)/.li hiis to e.yliihit the highest qirtility of skill
riiitl crestlietic, pi.incip1e.y. lt i.y i~iipo~~iciiit to riote that sniciller projects, which tnq~ not have
ltii-ge hiitlgcvs, ri1id the pr-osivcf of’ coiiiiiiissioiiirig (111 original work of iirt may iiot he
pltrusihle, tiiirl iiiq I~M~cI. tlic clirrilit), of’tlie art. 111 rrtklition, there are works of art by world
iwi o wti et/ ti 1-1 ists tlici t ti r-c~ pin( ii icc~ i i I i liii i it e11 edit io i is, uti ti th erefore stcff feels strongly that
the lurigirtrg~ iri the cotle shoiiltl iiol liiirit sitch ti possibility.
4) The AlPP Board asked stafl’to xltl lciiipci3e under the Miscellaneous plans, renderings, and
details paragi-aph, in order to c\ssiire that the submitted plans are accurate.
Sttlff has 1iclrli.cwecl this coiriiiiciit hi. r~iclirtlitig the followitig larzgucige ut the enti of the
pit-iigrrrph: “or- other it!foriiicrtroii i-c~tiirc~sted bji stcfj the wt in public places hoLm1, or cip
coirricil. All srthiiiitt~ils shrill Iw i~i~c/iiii*c~l to provide 1111 iicczirute representution ofthe art. ’’
5 The AIPP Board asked stal I. to ii1sci.t additional language which clarifies that the City
Couiicil shal I dctermine thc iiic o I thc art impact fund following a recoinmendation by the
AIPP Board.
Stri .. ff hLrs trtlrl~~rl t lie props e>( i I( I iig i I c I ycl
Date prepared: January 4,2007
Meeting Date: February 1,2007
Ordinance 1,2007
6) The AIPP Board asked staff Io delinc u hat constitutes an art consultant.
It is stuff’s pi.ofessioncr1 opiiiioii t/i(it slio~ilcl clefinition he ptpovicled, this mcij’ pose ci
prohleni bj- liiuiting the tjw of i.ci,i.c.\c.ritcrtioii tliut ~iuy he available to the developer.
Fitrthel-inore. striffis unmvcirc of othc~i.lxihlic trrt progl-mis that huve a specijk cieJinition for
Lltl Lll’t COtlSl Ill( I I1 t.
7) The AIPP Bo‘ii-d asked sta1’1 to ,id(l languagc that states that the applicant is strongly
encouraged to submit tlie poi.tfoIios 01’ up to tlircc artists under the second option of the
workshop proccss, and switch tlic ordcr of paragraph one and two.
St irff hers ciclr Iixwecl th cj A I/ ’1 ’ Ll( )i I I-( I ’ 5 coiii in ei I ts ciiicl revised the proposed ~iin endnz en t
nccorclingl~ 3.
ART IN PUBLIC P1,ACES AD\’ISORY 130.4RD ACTION
On July 18, 2006, tlic Art in Public Plcices \(I\ isory Board reviewed petition LDRA-06-06-000007
and recoininended approval to the (’it!, (‘oiiiici I with a 7-0 vote without modifications.
PLANNING, ZONING, AND APPI<AI.S HOARD
On December 12,2006, the PZAB Board i-evicwcd tlie proposed AIPP amendment. The comments
made by the PZAB I3oard are includcil bclo\\, and staffs responses are in italics.
4
5)
The PZAB hard requested \taf 1’ to clarify that “site infrastructure” is not included in
calculating \ cr-tical construction costs.
Stuff .. lim re111 5 cd the proposiJrl Iuiigiic igo for thc C‘oiistnrctiori cost clefjiiition uccorclingly.
The PZAB Board requested staff to add language under the Developiiierit definition that
further clarilies residential conipoiicnts of mixed we projects are exempt from the 1 % art
contribution requirement.
Stuff hers rci’i.\c>tl the popo.<c>(/ Iciiigiiciyo rrc~cortliiigli~.
The PZAB Board requested \taff‘to add language that states the art impact find shall be
interest bearing and all intcrcst is retciiiicd by the City.
Stuff hrrs rci.1 \iJrl the p~oposul luugii(igc> irnclet. Sectioti 78-261 (cl)(l)Liccorrlingl?..
The PZAB Boxd requested stalTto add languagc under Section 78-261 (d)( 1)a.l. stating that
in addition to the developer’? attorney, the developer, rather than hidhers attorney could
provide the linal writtcn CCI 11 fication 01’ the accounting of the payment of the art and
consulting fecs in a mantiel. tli‘rt is acccptable to the City.
St@lias ravs id the proposc~rI Iriiigiicicy Liccoidirigll’.
The PZAB Board requested staff to add language to the maintenance requirement under
Section 78-20 1 (d)( l)a.7. regal-ding cliarges that the property will be billed should the art not
be maintaincd.
Striff .. hers crticicd the folloii iiiy Iuiiyii(igc1: “iiiclircling cost of collection, interest, and
I 0
Date prepared: January 4,2007
Meeting Date: February 1,2007
Ordinance 1,2007
6) The PZAB Board requested staffto add languagc that provides the applicant with the option
to request a time extension i-cgrdinz the installation of the artwork from the Growth
Man age men t Adin in is trat or.
Stciffhcis crtltletl the proposed I(irigii(igc> iiiitler Sectiori 78-261 (d)(I)a.8. ciccor.diiiglji.
7) The PZAB Board requested staff to add language that states that the City shall have the
option of refwring to the nmc and title of the artist and artwork in reproductions.
StiIff Iicrs rirltlctl the p~o~ms~~l I(iiigii(iccj iiiidw Scctiori 78-26I (d)(I)(i. 9. acco~rliiigly.
8) The PZAB Board requestcd iiLiff to ,idd language that states that the City shall have the
option ofplacing art owned b~ thc Cit) on land that IS not necessarilyowned or rented by the
City.
Stcff hiis citklctl the follo\i~iiig Iriiigircigcj . “uriless other-wise nppr-oved h?) the city” under
Sectiori 78-26 I (tl)(I)h. (2)c. (I( cw(Iu1gh
PLANNING, ZONING, AND ,i\I’l’l~~~f .S I3O.ARD ACTION
On December 12,2000, the PZAB Bo‘ircl re\ IC\\ ed Ordinance 1,2007 and reconiinended approval to
the City Council with a 7-0 votc.
STAFF RECOMMENDATION
Staff reconiiiiends approval of Ordiiiance 1 . 2007
17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORDINANCE 1 , 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO ART IN PUBLIC
PLACES TO CLARIFY AND UPDATE THE PROCEDURES AND
GUIDELINES APPLICABLE TO THE CITY’S ART IN PUBLIC
PLACES PROGRAM; REPEALING SECTION 78-261, CODE OF
ORDINANCES ENTITLED “DEFINITIONS”; REPEALING SECTION
78-262, CODE OF ORDINANCES ENTITLED “FEE IMPOSED ON
DEVELOPMENTS”; CREATING A NEW SECTION 78-261, CODE
REQUIREMENTS”; CREATING A NEW SECTION 78-262, CODE OF
CREATING A NEW SECTION 78-263, CODE OF ORDINANCES TO
OF ORDINANCES TO BE ENTITLED “ART IN PUBLIC PLACES
ORDINANCES TO BE ENTITLED “STANDARDS FOR ARTWORK”;
BE ENTITLED “WAIVERS”; PROVIDING FOR CODIFICATION;
AND RROVIDING AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens
contains provisions for an Art in Public Places program, at Chapter 78, Division 6
“Public Places,” Subdivision I. “Art in Public Places”; and
WHEREAS, the Art in Public Places fee requirement was established by
Ordinance 46, 1988, which set a $1,000,000.00 minimum construction cost for the Art in
Public Places requirement; and
WHEREAS, the City updated the Art in Public Places program through the
adoption of Ordinance 17, 2000 and the adoption of Ordinance 11, 2002; and
WHEREAS, the City Council, through the adoption of Ordinance 17, 2004,
repealed the former Article Ill of Chapter 2, Code of Ordinances entitled “Boards,
Committees and Commissions” in its entirety and adopted a new Article Ill, including
Division 2, entitled “Art in Public Places Advisory Board,” which created the Art in Public
Places Advisory Board, its purpose, powers, and duties, and the number, qualifications,
and terms of office of the members thereof; and
WHEREAS, the City Council has determined that it is necessary to repeal
Subdivision I. “Art in Public Places” to clarify and update the procedures and the
guidelines applicable to the art in public places program; and
WHEREAS, this Land Development Regulations amendment was reviewed by
the Art in Public Places Advisory Board on July 18, 2006, which recommended its
approval by a vote of 7-0; and
Date Prepared: October 19,2006
Date Prepared: October 19, 2006
Ordinance 1, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
WHEREAS, this Land Development Regulations amendment was reviewed by
the Planning, Zoning, and Appeals Board, sitting as the Land Development Regulations
Commission, at a public hearing on December 12, 2006, which recommended its
approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 78-261 Code of Ordinances entitled “Definitions” and 78-
262, Code of Ordinances entitled “Fee imposed on developments” are hereby repealed
in their entirety; and
SECTION 3. Section 78-261, Code of Ordinances entitled “Art in Public Places
Requirements,” is created to read:
Sec. 78-261. Art in Public Places Requirements.
(a) Definitions. The following words, terms, and phrases, when used in this
division, shall have the meanings ascribed to them in this division] except where the
context clearly indicates a different meaning.
(1) Construction cost means total costs of buildings constructed on the
site. This includes total vertical construction of all buildings on a
project site, but excluding site infrastructure.
(2)
.
Development means any project to construct or remodel any private
or public development, except residential and/or residential
components of a mixed-use development, or any portion thereof
within the limits of the city, where total construction cost equals or
exceeds $1,000,000.00.
(3) Art, Artwork, or Works of art mean all tangible creations by artists
exhibiting the highest quality of skill and aesthetic principles and
includes all forms of the visual arts conceived in any medium,
material, or combination thereof, including, but not limited to,
painting, sculpture, fountains, engraving] carving, frescos, mobiles,
murals, collages, mosaics, bas-reliefs, tapestries, photographs,
drawings, artist-designed seating, or other functional art pieces and
collaborative design projects between architects and/or landscape
architects and artists, together with all hard costs and soft costs such
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: October 19,2006
Ordinance 1,2007
as, but not limited to, lighting, landscaping, or other aesthetic effects
or enhancements integrated with the art and approved by the growth
management administrator. The city council shall not consider for
approval art objects which are mass-produced in unlimited quantities.
f4) Artist or professional artist means a practitioner in the visual arts,
generally recognized by critics and peers as a professional of serious
intent and ability. Indications of a person’s status as a professional
artist include, but are not limited to, training in the arts, income
realized through the sole commission of artwork, frequent or
consistent art exhibitions, placement of artwork in public institutions
or museums, and receipt of honors and awards in the art field.
(b) Application Requirements. The applicant shall provide the information
described below and any additional information requested by the growth
management department necessary to review the application pursuant to the
standards of the code.
(1) Application forms. The application shall be made on forms provided
by the growth management department.
(2) Artist information. Portfolio containing photographs of the artist’s
existing work, exhibition and sales history, and biography.
(3) Miscellaneous plans, renderings, and details. Artist’s color
renderings and/or photographs of proposed artwork; materials
sample board; site plan depicting the proposed location of the
artwork: landscape plan, if necessary, depicting additional
landscaping or modifications to existing landscaping; architectural
elevations, if necessary, depicting structures associated with the
artwork; lighting location plan and light fixture details; or other
information requested by staff, the art in public places advisory
board, or the city council. All submittals shall be required to provide
an accurate representation of the proposed artwork.
(c) provided in article VII.
Violations. Violation of this chapter shall be subject to enforcement as
(d) Requirements for art or fee in lieu of art. All new development, except city
projects, where total vertical construction costs of all buildings on a project site
are equal to or greater than $1,000,000.00 shall provide art valued in an amount
of one percent of the total vertical construction costs, as provided in this section
and section 78-262. All buildings within planned unit developments and planned
community districts shall be assessed cumulatively towards the art in public
places requirement, even if they are permitted separately. If the aggregate cost
of the entire project exceeds the $1,000,000.00 threshold, each phase of
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: October 19,2006
Ordinance 1,2007
development shall contribute the required one percent of construction cost
towards art in public places for the building project. The art fee for
redevelopment of an existing building shall be calculated based on the
construction costs of the new development, excluding the assessed value of the
existing buildings that are replaced or redeveloped.
(1) Private Development. A private developer may choose either to
provide artwork on the project site or to contribute one percent of the
total vertical construction costs to the city’s art impact fund. The
city’s art impact fund shall be interest bearing with all interest to be
retained by the city.
a. Contribution of art. If the developer chooses to provide artwork,
the art in public places advisory board shall review the proposed
artwork and shall recommend to the city council whether to
approve, deny, or approve with conditions the selection and
location of the artwork according to the standards of this division.
The artwork shall be provided as follows:
1.
2.
Deposit of funds. The developer shall submit documentation
to the city showing that a deposit was made with the
developer’s attorney into an escrow account in an amount of
money equal to the art fee prior to the issuance of the first
building permit. The developer’s attorney will furnish the city
documentation of the withdrawals for payment of art fees in
accordance with the terms of the contract between the
developer and the artist or artists, or the developer’s arts
consultants. The developer and/or the developer’s attorney
will provide the city a final written certification and
accounting of the payment of art and consulting fees at the
conclusion of the placement of artwork. This certification
shall be provided in a manner acceptable to the city.
Surplus balance. Any surplus balance existing in the escrow
accounts after the developer has installed the required
artwork shall be collected by the city. The surplus balance
shall be held in a segregated, interest-bearing fund (the “art
impact fund”), and shall be used for the provision of
additional art work at the construction site or another site
within the city. Use of such funds shall be determined by the
city council, following a recommendation by the art in public
places advisory board, and shall be in accordance with
further provisions of this division.
4
Date Prepared: October 19.2006
Ordinance 1, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
3. Artist selection. The selection and commissions of the
artists shall be by written contract between the developer
and artists.
4. Art consultant. The developer may utilize up to 12 percent
of the required fee to retain an art consultant to assist in the
selection and procurement of required artwork; an additional
3 percent of the required fee shall be used to pay the city for
administering the art in public places program. The art
consultant shall have no financial relationship with the artist,
nor any ownership in artwork purchased by the developer.
The artist shall be allowed to act as the art consultant for the
art petition, but shall be precluded from receiving the art
consultant fee.
5. Vertical construction cost overruns. Prior to the issuance of
the final certificate of occupancy for a project, the developer
shall submit a revised construction cost certification. If the
final cost of the vertical construction for the entire project is
higher than the cost figure used to calculate the preliminary
art budget, the art budget shall be increased as necessary to
equal one percent of the actual defined total vertical
construction cost for the project. The art budget shall be
revised within 30 calendar days of any such changes. The
increase in the art budget due to the final increase of the
vertical construction cost for the entire project shall be
placed in the city art impact fund, or shall be used for the
provision of art on site, at the option of the developer.
6. Appraisal. To establish the value of art submitted to comply
with this division, the city may employ an independent art
appraiser to provide a written appraisal of the art submitted.
Such appraisal will be paid for by the developer as part of
the overall art contribution.
7. Artwork purchased pursuant to the requirements of this
section belongs to the property owner, and shall be insured
and maintained in good condition at all times as determined
by the city’s code enforcement official. Maintenance shall
include any associated landscaping or related
improvements. The city has the right to maintain any art it
deems improperly maintained and charge the owner the cost
of such maintenance, including cost of collection, interest,
and attorney’s fees.
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: October 19, 2006
Ordinance 1, 2007
8. Unless an alternative deadline is established in a
development order, or a time extension is granted by the
growth management administrator, no certificate of
occupancy for the project shall be issued until the artwork is
installed and the final certification and accounting of the
payment of the escrow fees has been provided. Artwork
installed in accordance with this division cannot be altered or
removed from the site without approval of the city council.
9. The artist of approved artwork shall grant to the City of Palm
Beach Gardens an unlimited, perpetual, non-exclusive,
royalty-free, irrevocable license to reproduce and distribute
two-dimensional reproductions of the artwork for city-related
purposes, and grant to the city the exclusive irrevocable
ownership rights in any trademark, service mark, or trade
dress rights regarding the artwork, pursuant to a license that
shall be approved by the city attorney. City approval of the
artwork shall be deemed to be a grant of the artist for
authorization by third parties to review and reproduce
documents provided by the artist to the city which are
deemed to be public records pursuant to public record laws
of the state. The city shall also have the option of referring
to the name and title of the artist and artwork in
reproductions.
IO. Review by the art in public places advisory board.
A. Workshop. The applicant shall appear before the art in
public places advisory board in order to receive guidance
in the initial stages of the review. In this case, the
applicant shall choose between two types of review
described below:
i. The applicant may appear before the board in order
to receive more detailed direction, if the applicant
does not have a set direction, prior to receiving a
final recommendation by the board. The applicant
is strongly encouraged to submit the portfolios of up
to three artists. The portfolios shall contain
photographs of the artists’ existing works, as well as
the artists’ biographies; or
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: October 19, 2006
Ordinance 1,2007
ii. The applicant may have a set direction regarding
the artwork and may appear before the board for
preliminary comments prior to receiving the board’s
final recommendation. The applicant shall submit
the portfolio of the proposed artist which shall
contain photographs of the artist’s existing works,
as well as the artist’s biography.
B. Criteria for review of artwork by the board. In making its
recommendation to the city council, the board shall
consider the quality of the artwork; the exhibition and
sales history of the artist; the artist’s works in public
collections and previous public art purchases or
commissions; the ability of the artist to complete the
project within a specified schedule; and the compliance
with the standards of this division.
C. Guidelines. The art in public places advisory board may
adopt art in public places implementation guidelines to
assist both the public and private sector planning
activities.
11. Review by Staff. In making recommendations to the art in
public places advisory board and to the city council, staff
shall consider the standards of this division in association
with sound planning principles.
12. In the case of redevelopment of a property which has
contributed artwork on the site pursuant to this article, the
artwork may be replaced, at the option of the developer, with
new artwork pursuant to this article, or the existing artwork
may remain on the site. In the latter case, the value of the
existing artwork and its placement must comply with this
article as if it were new artwork.
b. Fee in lieu of artwork. Instead of providing artwork on the project
site, a developer may choose to contribute one percent of the
total vertical construction costs as the required art fee. If the
contribution is made, the contribution shall be placed in the city’s
art impact fund and used as provided in section 78-261(d)(2).
The contributor shall have no input in the use of such funds.
(2) Art Impact Fund. When the developer provides a fee in lieu of
artwork pursuant to Section 78-261 (d)(l )b., the following shall apply
to the use of the funds:
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: October 19, 2006
Ordinance 1, 2007
a. The fee shall be placed in the city’s art impact fund. Funds from
the art impact fund may be spent anywhere in the city, and such
funds may be spent on any art or art-related costs such as, but
not limited to, lighting, consulting, landscaping, aesthetic features
or enhancements. Art impact funds shall be expended by the city
consistent with the city’s procurement process.
b. Artist selection. The city shall issue a call to artists to procure
artwork. The art in public places advisory board shall review
submitted proposals and make a recommendation to the city
council on the selection and commission of artists and artwork.
The selection and commissions of the artists and artwork shall be
by written contract between the city and artists.
c. Use of purchased art. All artwork purchased by the city-required
art fee contribution shall be displayed on city-owned land, a city-
owned building, or a city-leased or rented facility unless
otherwise approved by the city. The artwork shall be displayed in
a visually accessible location, which shall be suitable to the
design of the site, in order for the public to receive the most
enjoyment and benefit from the art.
d. Art consultant. The city may utilize funds allocated from the art
account to retain an. art consultant. The artist shall be allowed to
act as the art consultant, but shall be precluded from receiving
the art consultant fee.
e. Proper insurance coverage shall be maintained by the city on
artwork purchased with funds generated by this article or on
artwork whose ownership has been transferred to the city. The
artwork owned by the city shall be maintained by the city.
SECTION 4. Section 78-262, Code of Ordinances entitled “Fee imposed on
developments” is repealed in its entirety.
SECTION 5. Section 78-262, Code of Ordinances to be entitled “Standards for
artwork” is created to read as follows:
Sec. 78-262. Standards for artwork.
(a) Artwork shall be displayed in a visually accessible location, which shall be
suitable to the design of the site, in order for the public to receive the most enjoyment
and benefit from the art.
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: October 19,2006
Ordinance 1.2007
(b) Artwork shall be integrated into the overall planning and design for a
structure or project, and shall be compatible with the intent and purpose of the structure
at which the work or works are located.
(c) Artwork shall be integrated into the overall landscaping plan, and
landscaping shall be utilized to enhance the visibility of such works.
(d) Artwork shall be lighted at a minimum from dusk until midnight. The
lighting shall be designed and located in order to prevent excessive lighting, energy
waste, glare, light trespass, and sky glow.
(e) Artwork installed pursuant to the division cannot be altered or removed
from the site without approval of the city council.
(f) Maintenance. Artwork shall be maintained in good condition at all times,
including any associated landscaping or related improvements.
(9) All artwork purchased from the art impact fund shall be displayed on city-
owned land, a city-owned building, or a city-leased or -rented facility.
(h) Zoning and Building consideration. Consideration shall be given to project
zoning. Permits and building approval shall be obtained, when necessary, and shall be
in compliance with the Florida Building Code, the National Electric Code, and the
previously-approved plans by city council.
SECTION 6. A new Section 78-263, Code of Ordinances to be entitled “Waiver
of requirements” is created to read as follows:
Sec. 78-263. Waiver of Requirements.
(a) division, utilizing the standards contained herein.
welfare of the city shall be a major factor in the waiver or reduction of fees.
Waiver. The city council may waive the requirements contained in this
Promotion of the general
(b) Other upgrades. Upgrading of landscaping, project entrances, and vehicle
parking, if any, which provide substantial improvement in excess of existing
requirements shall be factors to be considered in the waiver process.
(c) when considering a request to waive or reduce required fees:
Criteria for waiver of fees. The city council shall consider the following
(1) The impact of proposed improvements on the appearance and utility
of an existing structure;
(2) The impact of proposed improvements on existing and potential
tenants or businesses; and
9
Date Prepared: October 19,2006
Ordinance 1,2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
(3) The probability of the owner acquiring substantial or anchor tenants
to assist in relieving financial problems, excess vacancy rates,
dilapidated appearance, and similar problems.
(d) Credit for expenditures.
(1) Monies expended for the purpose of meeting minimum code or site
plan requirements shall receive no credit for payment of required
fees.
(2) Landscaping shall be considered a temporary improvement as
compared to a permanent structural improvement in determining a
monetary credit. The city council may not authorize more than 50
percent credit for the cost of installing new or replacement
landscaping. Unusual cost of individual plantings or groups of
plantings, such as rare exotics, shall not be considered as the sole
factor for credit.
SECTION 7. Codification of this Ordinance is hereby authorized and directed.
SECTION 8. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
10
Date Prepared: October 19, 2006
Ordinance 1, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46 47
PASSED this day of ,2007, upon first
PASSED AND ADOPTED this day of
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
eading.
2007, upon second
AGAINST ABSENT
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\AIPP - Ord 1 2007.doc
11
'5 78-253
i( -. fj
Y PALM BEACH GARDENS CODE
(4) Removal of natiue uegetation. Removal of native vegetation shall be minimized in the
land development process. When feasible, native material shall be relocated on site.
Native vegetation which cannot be transplanted or relocated on-site is encouraged to
be offered for donation or to be sold by the applicant.
(Ord. No. 17-2000, 5 119, 7-20-00)
Secs. 78-264-78-260. Reserved.
DMSION 6. PUBLIC PLACES
Subdivision 1. Art in Public Places
Sec. 78-261. Definitions.
(a) Definitions. The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this division, except where the context clearly indicates
a different meaning.
Construction cost means total costs of buildings constructed on the site, This includes
total vertical construction of all buildings on a project site. All buildings within
planned unit developments and planned community districts shall be assessed
cumulatively towards the art in public places requirement, even if they are permitted
separately. If the aggregate cost of the entire project exceeds the $1,000,000.00
threshold, each phase of development shall pay the required one percent of construc-
tion cost towards art in public places for the building project.
Development means any capital project to construct or remodel any private or public
development, except residential, or any portion thereof within the limits of the city,
where total construction cost equals or exceeds $1,000,000.00.
Works of art mean all forms of the visual arts conceived in any medium, material, or
combination thereof, including but not limited to painting, sculpture, fountains,
engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries,
photographs, drawings, and collaborative design projects between architects and/or
landscape architects and artists.
(1)
(2)
(3)
(b) Violations. Violation of this chapter shall be subject to enforcement as provided in article
VII.
(c) Art in public places advisory board.
(1) Reserved.
(2) Zoning consideration. Consideration must be given to project zoning (as base specifi-
cations and wind tolerance for sculpture). Permits and building approval must be
obtained, when necessary.
*Editor's noteFormerly, div. 6. See the editor's note ch. 78, art. V, div. 3.
Supp. No. 16 CD78:220
L
L
LAND DEVELOPMENT 0 78-262
(3) Reserved.
(4) Guidelines. The committee board1 shall adopt Art in Public Places Implementation
Guidelines to assist both public and private sector planning activities.
(5) Installation. Installation of artwork shall be guided by the standards listed below.
a. Artwork shall be installed to be visible to the maximum number of passers-by.
b. Artwork shall be integrated into the overall planning and design for a structure
or project, and shall be compatible with the intent and purpose of the structure
at which the work or works are located.
c. Artwork shall be integrated into the overall landscaping plan, and landscaping
shall be utilized to enhance the visibility of such works.
d. Artwork shall be lighted in an unobtrusive manner. At a minimum, artwork shall
be illuminated from dusk until midnight.
(6) Maintenance. Artwork shall be maintained in good conditions at all times, including
any associated landscaping or related improvements.
(Ord. No. 17-2000,O 120,7-20-00; Ord. No. 11-2002, Q 1,3-21-02; Ord. No. 17-2004,s 5, 6-3-04)
Sec. 78-262. Fee imposed on developments.
(a) Fee. All budgets for the new construction of private and public developments in the city,
as specified in section 78-261, shall include an amount of one percent of the total budgets as
a fee for art in public places. The fee shall be imposed and paid as provided below.
(1) Deposit of funds. The developer shall submit to the city documentation showing that
a deposit was made with the developer's attorney into an escrow account in an amount
of money equal to the art fee prior to the issuance of the first building permit. The
developer's attorney will furnish the city documentation of the withdrawals for
payment of art fees in accordance with the terms of the contract between the developer
and the artist or artists, of the developer's arts consultant. The developer's attorney
will provide the city a final certification and accounting of the payment of art and
consulting fees at the conclusion of the placement of artwork.
(2) Surplus balance. Any surplus balance existing in the escrow accounts after the
developer has installed the required artwork shall be collected by the city. The surplus
balance shall be held in a segregated, interest-bearing fbnd, and shall be used for the
provision of additional art work at the construction site or another site within the city.
Use of such funds shall be determined by the city council and shall be in accordance
with further provisions of the chapter.
(3) Artist selection. The selection and commissions of the artists shall be by written
contract between the developer and artists.
Supp. No. 16 CD78:221
0 78-262 PALM BEACH GARDENS CODE
(4) Arts consultant. The developer may utilize up to 15 percent of the required fee to retain
an arts consultant to assist in the selection and procurement of required artwork. The
arts consultant shall have no financial relationship with the artist, or any ownership
in artwork purchased by the developer.
Cost overruns. If the final project cost is higher than the cost figure used to calculate
the preliminary art budget, the art budget must be increased as necessary to equal one
percent of the actual defined total project cost. The art budget must be revised within
30 calendar days of any such changes.
(5)
(b) Location. The artwork shall be displayed in a location visually accessible to both
pedestrian and vehicular traffic.
(c) Contribution of developer. Instead of providing the artwork on the project site, a
developer may choose to contribute one percent of the total construction costs as the required
art fee. If the contribution is made, the contribution shall be placed in the city's art account.
The contributor shall have no input in the use of such funds.
(1) Artist selection. The selection and commissions of the artists and artwork shall be by
written contract between the city and artists.
Use of purchased art. All artwork purchased by the city required art fee contribution
shall be displayed on city-owned land, a city-owned building, or a city-leased or rented
facility. The artwork shall be displayed in a location visually accessible to both
pedestrian and vehicular traffic.
Art consultant. The city may utilize up to a maximum of 15 percent of the funds
allocated from the art account for any particular city facility to retain an art consultant
to assist in the selection and installation of artwork.
(2)
(3)
(d) Guidelines. The selection and commissioning of artists shall be in accordance with the
art in public places implementation guidelines adopted by the art in public places advisory
board.
(e) Special art in public places advisory board.
(1) Reserved.
(2) Reserved.
(3) Ownership and maintenance. Artworks purchased pursuant the requirements of this
subdivision belong to the property owner, and must be insured and maintained.
Artworks purchased under subsection 78-262(c) are the property of the city and shall
be maintained by the city. Artwork installed in accordance with this chapter cannot be
altered or removed from the site without approval of the city council. When developer-
owned art is situated at or on property or facilities owned or occupied by the city, the
developer may transfer ownership to the city. Such art must be maintained by the city,
The city has the right to maintain any art it deems improperly maintained and charge
the owner the cost of such maintenance.
Supp. No. 16 CD78:222
.
t
LAND DEVELOPMENT 5 78-262
L
(0 Insurance. Proper insurance coverage shall be maintained by the city on artworks
purchased with funds generated by this article or on artwork whose ownership has been
transferred to the city.
(g) Appraisal. 'h establish the value of art submitted to comply with this division, the art
in public places advisory board shall have the authority to employ an independent art
appraiser to provide a written appraisal of the art submitted. Such appraisal will be paid for
by the developer as part of the overall art contribution.
Waiver of requirements.
Waiver. The city council may waive the requirements contained in this chapter,
utilizing the standards contained herein. Promotion of the general welfare of the city
shall be a major factor in the waiver or reduction of fees.
Existing structures, Required fees may only be waived in whole or in part provided an
existing complex is subject of extensive plans for redevelopment of the exterior of
existing structures, or buildings are demolished and replaced with square footage
equal to or less than that of original buildings.
Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if
any, which provide substantial improvement in excess of existing requirements shall
be factors to be considered in the waiver process.
Criteria for waiver of fees. The city council shall consider the following when
considering a request to waive or reduce required fees:
a. The impact of proposed improvements on the appearance and utility of an
existing structure;
The impact of proposed improvements on existing and potential tenants or
businesses; and
The probability of the owner acquiring substantial or anchor tenants to assist in
relieving financial problems, excess vacancy rates, dilapidated appearance, and
similar
b.
c.
Credit for expenditures.
a. Monies expended for the purpose of meeting minimum code or site plan
requirements shall receive no credit for payment of required fees.
Landscaping shall be considered a temporary improvement as compared to a
permanent structural improvement in determining a monetary credit. The city
council may not authorize more than 50 percent credit for the cost of installing
new or replacement landscaping. Unusual cost of individual plantings or groups
of plantings, such as rare exotics, shall not be considered as the sole factor for
credit.
b.
(i) Architectural features. The city council may grant a partial credit toward required fees
when a project contains unusual architectural features.
Supp. No. 16 CD78:223
3 78-262 PALM BEACH GARDENS CODE
(i) Aesthetic features. The city council, upon the recommendation of the art in public places
advisory board, may give a developer partial credit for an element of the project which supplies
creditable aesthetic features for the benefit of the public.
(Ord. No. 17-2000, 6 121, 7-20-00; Ord. No. 17-2004, 93 1, 5, 6-3-04)
Secs. 78-263-78-270. Reserved.
DIVISION 7. SIGNS*
Sec. 78-271. Intent and purpose.
The purpose of this division is to create the legal framework for a comprehensive and
balanced system of signage to facilitate an easy and pleasant communication between people
and their environment and to avoid the visual clutter that is potentially harmfii to traffic and
pedestrian safety, property values, business opportunities and community appearance. With
these purposes in mind, it is the intent of this division to authorize the use of signs, provided
they are compatible with their surroundings, appropriate to the activity that displays them,
expressive of the identity of the individual activities and the community as a whole, and legible
in the circumstances in which they are seen.
(Ord. No. 17-2000, 6 122, 7-20-00)
*Editor’s note-Formerly, div. 6. See the editor’s note ch. 78, art. V, div. 3.
Supp. No. 16 CD78:224
A
City of Palm Beach Gardens
Council Agenda
February 15,2007
Mayor Russo
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Vice Mayor Barnett
Council Member Jablin
Council Member Levy
Council Member Valeche
J I.
1 11.
./ 111.
1 IV
J v.
VI.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 15,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
CITY MANAGER REPORT:
a.
b.
C.
a.
b.
d.
e.
f.
g.
h.
C.
1.
J.
k.
1.
m.
Turnpike Report
Regional Center Traffic Report
Shady Lakes Blvd. Turn Radius
Lighting issue at Midtown (f.k.a. Borland)
Southhampton Landscaping
Cimarron Cove Status
Carlton Oaks/West Palm BeacWCounty re: Firehouse and Annexation
Downtown @ the Gardens
Marina Gardens
Auction
Evergreen Development Issue
Callery Judge
Palm Beach Gardens High School Construction Project
United States Post Office Kiosk
Bio 2007
Fairchild GardendLegacy Place
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
A VIII. CONSENT AGENDA: pkfl
5- a. if Resort on Page 6. Rqsohti~m am Pane 8) Resolution 13,2007 - Purchase
of a Air Street Sweeper. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida awarding a contract for the purchase of one Schwarze
A7000 Regenerative Air Street Sweeper to Container Systems & Equipment
Company, Inc. via an existing contract with the Florida Sheriff’s Association,
Contract no. 06- 14-082 1 ; and providing an effective date.
b. /Staff Rc~ort om Page 16, ResolutjQn on Pane 19) Resolution 16, 2007 - PGA
Boulevard Flyover Towers. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida allocating Art Impact Fees for architectural enhancements
to the PGA Boulevard Flyover Towers, and Change Order No. 2 (final) with
Wendy M. Ross for the PGA Flyover Tower sculptures; and providing an
effective date.
f!!\\e4-
.-P 3 ..,,@I
C. {Staff Ren ort oe Pane 4 2. Resdu tion OD F ape 44) Resolution 20, 2007 - Lease
award to Citicapital (Club Car). A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving a four (4) year lease agreement with
Citicapital, Inc. for golf carts from Club Car, Inc. via an existing agreement with
the Village of North Palm Beach dated October 23, 2006; authorizing the Mayor
and the City Clerk to execute said agreement; and providing an effective date.
d. mff Rep ort on Page 98. Rzw1 ution on Page 100) Resolution 23, 2007 --
Appoint to the City’s Canvassing Board. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida appointing the Supervisor of Elections to the
City’s Canvassing Board and authorizing the Supervisor of Elections to act on the
City’s behalf; authorizing the City Clerk to appoint election officials for the
purpose of conducting the municipal election; and providing an effective date.
e. me 1Q3) Proclamation - Step up Florida Day.
f. Ipac 104) Proclamation - National Engineers Week.
IX. PUBLIC HEM NGS:
a. /Staff Rcnort oa Prrt 105, Ordinance on Pane 108)brdinance - (2nd
Readin md adoption) Amendmei .o the General Employee D mefit
Pensio ’lan. An Ordinance of tl mf efiy u
dardc1.,, Florida relating to the General Employees Pensioll iaii
amending Section 3-1 26, Code of Ordinances entitled “Definitions”; amer
@ection 3-1 27. Code of Ordinances entitled “Membershin”: amending Sectic__
035, Cod Linances entitled “Optional Form Benefits”; amendi I
Section 3- :ode of Ordinances entitled “Distribution Benefits”; amendir
?JJA
5 ,O
Section 3-147, Code of Ordinances entitled “Direct Transfers of Eligih
Distributions’, providing for codification; and providing an effective d:
II
Roll over
b. 119. Or- “m 124) Prdinance 5, 2007 - (1 st
-hart of Permitted Use! mce of the City Coun-
Professional Office (PO) Zoning District; amending Section 78-159, Code of D
Drdinances, entitled “Permitted Uses, Minor, and Major ”onditional
-If the City of Palm Beach Gardens, Flori related to permitted uses in thq
lses --A ’
e City Council 01 ti
for Lydian Bank ana
Trust within the City Centre Planned lTnit Development (PUD), as more
particularly described I,€ ’,- +ixrn xvaivers; and providing an
Zffectiye date. e
ReaW -p Pane 146. Ordinance on Pape 174, ResohtiQn ~n P age 177)
Ordinancc f the City Council of the City of Palm Beach Gardens, Florida
relating tc zoning; rezoning a parcel of land consisting of 1.01 acres, located on
the South side of PGA Boulevard, approximately 500 feet West of Military Trail
and East of PGA Commons Phase 111, as described more particularly herein, from
eesidential Medium (RM) to Planned Unit Development (PUD) overlay with an
Gnderlying zoning of Professional Office (PO) to be known as the Divosta
ling for revisions to the zoning district map; and
lina ,UU~ - (lst Reading) Divosta PGNTurtle Beach PUD
GA/Turtle Beach PUD;
roviding an effective
Resolution 17,2007 is a companion item to Ordinance 6,2007 and will
require Council action at second reading.
Resolution 17, 2007 - Divosta PGA/Turtle Beach PUD. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Divosta
PGA/Turtle Beach Planned Unit Development (PUD), which is located on the
South side of PGA Boulevard, approximately 500 feet West of Military Trail and
East of PGA Commons Phase 111, to allow the development of 2,500 square feet
of financial institution with drive-through facilities and 2,650 square feet of office
use on an approximately 1 .Ol-acre parcel, as described more particularly herein;
providing for waivers; providing for conditions of approval; and providing an
effective date.
C. $Staff Report on Pane 186, Ordinance on Pave 223, Resolution on Pane 227)
Ordinancc W - (lst reading) Gardens Commerce Cen 1 Ordinance of
khe City Council of the City malm Beach Gardens, Florida
kezoning a parcel of land consisting of 4.45 acres, located
’Riverside Drive, East of Interstate 95, North of Plat 5, and approximately NU 1e-D
South of Burns Road, as described more particularly herein, from Light Industrial t
of J ioht Tndustrial (M
p
des
l(M-1A) to Planned UP it Development (PUD) overlay with an underlying zoning I
i) to be known as the Gardens Commerce Center PUD;
for rc ion 3 the Zoning District Map; and providing
.
i b
Resolution 18,2007 is a companion item to Ordinance 7,2007 and will
require Council action at second reading.
Resolution 18, 2007 - Gardens Commerce Center. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Gardens
Commerce Center Planned Unit Development (PUD) to allow the development of
three buildings consisting of 41,577 square feet of light industrial use and 27,718
square feet of accessory professional office use on a 4.45-acre parcel, as described
more particularly herein; providing for waivers; providing for conditions of
approval; and providing an effective date.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
a. Staff RePart gn Page 237, Ordinance on Page 254 Mm!! -
Gpdating the procedures i ’ guideline the City Art inkr c Places program.
f the Citj our of Palm BeachGardens, Floric
. 5-0
I.. ...
XII.
XIII.
XIV.
-- applicable to the73ify7s-Art in Public Places program; repealing Section
Code of Ordinances entitled “Definition! “ Repealing Secti “^-26^
‘l-qinances entitled “Fee Imposed on Devwpments”; creating a new 8-
>7. D , Code of Ordinances to be entitled “Art in Public Places Re-
m ,.,.~ting a new Section 78-262, Code of (iMkmweP
Artwork”; creating a new Section 78-263, Code of Ordinances to
“Waivers”; providing for codificati
ITEMS FOR COUNCIL ACTION/DISCUSSION:
CITY ATTORNEY REPORT:
ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
City of Palm Beach Gardens
Council Agenda
February 15,2007
Mayor Russo
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Vice Mayor Barnett
Council Member Jablin
Council Member Levy
Council Member Valeche
I.
11.
111.
IV
V.
VI.
7: IS
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 15,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
CITY MANAGER REPORT:
a.
b.
C.
Turnpike Report
Regional Center Traffic Report
Shady Lakes Blvd. Turn Radius
'7130 a- b.
d.
e.
f.
g.
h.
C.
I.
j.
k.
1.
m.
Lighting issue at Midtown (f.k.a. Borland)
Southhampton Landscaping
Cimarron Cove Status
Carlton Oaks/West Palm BeacWCounty re: Firehouse and Annexation
Downtown @ the Gardens
Marina Gardens
Auction
Evergreen Development Issue
Callery Judge
Palm Beach Gardens High School Construction Project
United States Post Office Kiosk
Bio 2007
Fairchild GardendLegacy Place
7: qZ VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
b.
C.
d.
e.
f.
trff Report on Page 6. Resolution on Prrpe 8) Resolution 13,2007 - Purchase
of a Air Street Sweeper. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida awarding a contract for the purchase of one Schwarze
A7000 Regenerative Air Street Sweeper to Container Systems & Equipment
Company, Inc. via an existing contract with the Florida Sheriffs Association,
Contract no. 06-14-082 1; and providing an effective date.
i$taff ReDort on Pape 16, Resolution on Pane 19) Resolution 16, 2007 - PGA
Boulevard Flyover Towers. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida allocating Art Impact Fees for architectural enhancements
to the PGA Boulevard Flyover Towers, and Change Order No. 2 (final) with
Wendy M. Ross for the PGA Flyover Tower sculptures; and providing an
effective date.
fstaff Report 01 P am42. Reg olution on Pane 44) Resolution 20, 2007 - Lease
award to Citicapital (Club Car). A ‘Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving a four (4) year lease agreement with
Citicapital, Inc. for golf carts from Club Car, Inc. via an existing agreement with
the Village of North Palm Beach dated October 23, 2006; authorizing the Mayor
and the City Clerk to execute said agreement; and providing an effective date.
{Staff ReDart on Pane 98. Reso lutioa on Pape 100) Resolution 23, 2007 --
Appoint to the City’s Canvassing Board. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida appointing the Supervisor of Elections to the
City’s Canvassing Board and authorizing the Supervisor of Elections to act on the
City’s behalf; authorizing the City Clerk to appoint election officials for the
purpose of conducting the municipal election; and providing an effective date.
fPam 103) Proclamation - Step up Florida Day.
/Paw 104) Proclamation - National Engineers Week.
Part I1 - Non-Ouasi-iudicial
a. JStrff Report on Pane 105. Ordinance on Pape 108) Ordinance 3, 2007 - (2’ld
Reading and adoption) Amendment to the General Employee Defined Benefit
Pension Plan. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to the General Employees’ Pension Plan (DB);
amending Section 3-1 26, Code of Ordinances entitled “Definitions”; amending
Section 3- 127, Code of Ordinances entitled “Membership”; amending Section 3-
135, Code of Ordinances entitled “Optional Forms of Benefits”; amending
Section 3-1 40, Code of Ordinances entitled “Distribution of Benefits”; amending
Section 3-1 47, Code of Ordinances entitled “Direct Transfers of Eligible Rollover
Distributions’, providing for codification; and providing an effective date.
..
b. ?tae,m1 19, 8rd inance on Page 12 4) Ordinance 5, 2007 - (1"
Reading) Amending Chart of Permitted Uses. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida related to permitted uses in the
Professional Office (PO) Zoning District; amending Section 78-159, Code of
Ordinances, entitled "Permitted Uses, Minor, and Major Conditional Uses, and
Prohibited Uses"; providing for codification; and providing an effective date.
YV 0
part 1- Q wlcial
a. g; 17
$0
C.
ff Report sn Page 129, Resolution tm Pane 1331 Resolution 12, 2007 -
Wall Signage for Lydian Bank and Trust. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving wall signage for Lydian Bank and
Trust within the City Centre Planned Unit Development (PUD), as more
particularly described herein; providing for two waivers; and providing an
effective date.
/Staff RtDort on Pave 146, Ordinance on Page 174. Rcsolu tion 911 P age 177)
Ordinance 6, 2007 - (lst Reading) Divosta PGA/Turtle Beach PUD. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to rezoning; rezoning a parcel of land consisting of 1.01 acres, located on
the South side of PGA Boulevard, approximately 500 feet West of Military Trail
and East of PGA Commons Phase 111, as described more particularly herein, from
Residential Medium (RM) to Planned Unit Development (PUD) overlay with an
underlying zoning of Professional Office (PO) to be known as the Divosta
PGA/Turtle Beach PUD; providing for revisions to the zoning district map; and
providing an effective date.
Resolution 17,2007 is a companion item to Ordinance 6,2007 and will
require Council action at second reading.
Resolution 17, 2007 - Divosta PGA/Turtle Beach PUD. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Divosta
PGA/Turtle Beach Planned Unit Development (PUD), which is located on the
South side of PGA Boulevard, approximately 500 feet West of Military Trail and
East of PGA Commons Phase 111, to allow the development of 2,500 square feet
of financial institution with drive-through facilities and 2,650 square feet of office
use on an approximately 1.01 -acre parcel, as described more particularly herein;
providing for waivers; providing for conditions of approval; and providing an
effective date.
$Staff ReDort on Pave 186, Ordinance on Pant 223, Resoktion on Pave 227)
Ordinance 7, 2007 - (Ist reading) Gardens Commerce Center. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida relating to rezoning;
rezoning a parcel of land consisting of 4.45 acres, located on the West side of
Riverside Drive, East of Interstate 95, North of Plat 5, and approximately 300 feet
South of Burns Road, as described more particularly herein, from Light Industrial
(M-1 A) to Planned Unit Development (PUD) overlay with an underlying zoning
of Light Industrial (M-1A) to be known as the Gardens Commerce Center PUD;
providing for revisions to the Zoning District Map; and providing an effective
date.
X.
XI
Resolution 18,2007 is a companion item to Ordinance 7,2007 and will
require Council action at second reading.
’ Resolution 18, 2007 - Gardens Commerce Center. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Gardens
Commerce Center Planned Unit Development (PUD) to allow the development of
three buildings consisting of 41,577 square feet of light industrial use and 27,718
square feet of accessory professional office use on a 4.45-acre parcel, as described
more particularly herein; providing for waivers; providing for conditions of
approval; and providing an effective date.
RESOLUTIONS:
ORDINANCES: (For Consideration on First Reading)
taff Report on Pape 237, Or! ance on Pa Ordinance 1, 2007 -
Updating the procedures and guidelines to the CityeArt inTublic Places program.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to Art in Public Places to clarify and update the procedures and guidelines
applicable to the City’s Art in Public Places program; repealing Section 78-261,
Code of Ordinances entitled “Definitions”; Repealing Section 78-262, Code of
Ordinances entitled “Fee Imposed on Developments”; creating a new Section 78-
261, Code of Ordinances to be entitled “Art in Public Places Requirements”;
creating a new Section 78-262, Code of Ordinances to be entitled “Standards for
Artwork”; creating a new Section 78-263, Code of Ordinances to be entitled
“Waivers”; providing for codification; and providing an effective date.
I(c0
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at tliis public
Jiearing, such interested persons will need a record of the proceedings and may need to ensure
tliat a verbatim record is made, including the testimony and evidence upon wlzicli the appeal is
to be based.
In accordance witli the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons witli disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to tlie hearing if tliis assistance is
required. For hearing impaired assistance, please call tli e Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
c Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council / -72 Wr-6 AI4 -.< (2 0 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Gem<, Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address Clity Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: -&!&&m? City: PRC; Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
I Title Read:
Hearingopenod:
Petitioner preserrtation:
Wpresenta n:
Hearingc' Bd:
Brin iackfbrdiscusaion:
Vote:
Gdens, Florida relating to the General Employees
SeCtMn 3-140, Code
"Direct Transfers of Eligible Rollover Distributions', providing
fir codification; and providing an effective date.
I Title Read:
Hearingopenad:
Ex-Parte: TB DL JR HV EJ
Petitioner pmenbtion:
SW- n:
Hearingclosed:
Bring back fbr discyssion:
Motion:
Vote:
Title Read:
Heatingopetled:
Ex-Parte:JB DL JR HV EJ
Petitioner presentation:
I Stsffpresentcrtion: I
HeariogClOsed:
Bn'nlglt#drfbdimmion:
Motion:
vote:
, '1
.P . . ,. . ..
A Resolution of the City Council of the City of Palm Berdr
Gadens, Florida approving wall signage for Lydian Bank rrad
TNgt within the City Centre Planned Unit Development (PVDX
8s mOfc perticularly described herein; providing foftcRID wrivlars;
andpovidinganeffective~
Camcil of the City of Palm Beach Gardens, Florida
locrted Onthe sordh Side OfPGABoUkvard, approximatdy 500
rezoning a parcel of land consisting of 1.01 acres,
fibet West ofMilitary Trail and East ofPGA Commons Phase III,
as described more particularly herein, from Residential Medium
(RM) to Planned Unit Development (PUD) overlay with
UnderlyingzOningofPr~d mce 0po)tobe knowoas
Dhmta FGA/Turtle Beach PUD; providing for revisions to
zcming district map; and provag an ef€k4iVe date.
Resolution 17,2007 is a companbn item to Ordinance
6,2007 and will quire Council action at second
d-
Resolution 17, 2007 - ksta PGNTirrtle Beach PUD. A
Resolution of the City Council of the City of Palm Bmh
Gardens, Florida approving the Divosta PGA/Turtlc
Planned Unit Development (PUD), which is located on the
side of PGA Boulevard, approximstdy 500 West of Mlii
Trail and East of PGA Commons Pbrrse Ill, to allow the
development of 2,500 square feet of financial iostitUtion with
drivethrough kilities and 2,650 square fbt of office use on an
approximately 1.01-acre parcel, lls described more partiarlsry
herein, providing for waivers; providing fbr conditims of
approval; and providing an effective date.
East of Interiltase 95, North of Plat 5, mad
belrnownasthe
Resolution 18,2007 - Gardens Commerce Center. A Resolution of
the City Council of the City of Palm Beach Wens, Florida
approving the Gardens Commerce Center Planned Unit
Development (PUD) to allow the development of three buildings
consisting of 41,577 square ht of light industrial use and 27,718
square &et of accessory profkssiod office use on a 4.45-a<xe
Darccr), as described mom particularl~ herein; pviding fbr waivers;
e
1
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council
FROM: Ron Ferris, City Manager
SUBJECT: February 15,2007 Council Meeting - City Manager Report
DATE: Februarv 15.2007 1
t i The attached memoranda will be discussed under the City Manager's report at tonight's Council
Meeting. In addition, Dan Clark, City Engineer will provide an update on the Turnpike Widening
Project meeting held this evening at PGA National Resort and Spa, on the inquiry regarding the
configuration to the entrance to Shady Lakes (Council Directive - February 1, 2007 Council
Meeting) and on traffic signals within the Regional Center (Council Directive - January 18, 2007).
,
P
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council
FROM: Ron Ferris, City Manager
SUBJECT: Update on various issues
DATE: February 15,2007
Following is a status report on some of the major issues staff is currently working on. If you would like to
meet for a more thorough discussion, please contact me.
Carleton Oaks: Staff met with West Palm Beach staff and County staff to discuss the site plan for the
temporary fire station at the entrance to Carleton Oaks. The site in question is in the City of Palm Beach
Gardens' future annexation area. Staff has objected to the annexation and will object to the land-use
amendment when notice of same is sent. The annexation petition is currently scheduled for the WPB
Planning and Zoning Board on February 20, 2007.
Downtown at the Gardens: Until further notice, no permits or occupational licenses for any restaurant at
Downtown at the Gardens will be approved or issued. Approval of any restaurant use will cause the project
to be short on parking, which is a violation of the City's LDRs. All office use entitlements have been used,
but they still have some entitlements for retail use, for which permits and occupational licenses can be
issued.
Marina Gardens: A meeting was held with the developer of the E & H Boatworks site and the residents of
Marina Gardens on Wednesday, February 6, 2007. City planning staff also attended. Approximately 25
people attended the meeting. Marina Gardens residents requested that the applicant share the cost of
maintaining the landscaping on ldlewilde Road; requested that the applicant resurface ldlewilde Road;
requested the applicant not to push the building further south because it would further block their view from
the water. The applicant requested to attend a meeting of their HOA and make a presentation.
Auction: The City collected $1 15,742 at the auction held on February 3, 2007.
Evergrene: Staff is currently researching a number of complaints and issues raised by a group of
Evergrene residents with regard to WCI and the Evergrene development order. Several conflicts exist
between the Board of Directors and the developer, including whether or not the "turnover" to the residents
has been completed. A taskforce of staff members been assembled to evaluate the residents' concerns
and respond if in fact the City has jurisdiction. A preliminary report is expected in 30 days.
Callery Judge Status: A second mediation is currently being scheduled with the parties who participated
in the first mediation. Additional traffic information is being collected for further discussion.
4
z
PBGHS Modernization Project: Site plan approval for this project, currently under construction, is
scheduled for March 15, 2007. The desire for a traffic signal at Military Trail and Lilac Street is still a
challenge as well as traffic flow.
USPS Kiosk: You may have noticed that the USPS has removed its vending machines from and boarded
up its kiosk situated between Fire Station 1 and City Hall. Staff has inquired about the Postal Services'
intent with regard to this building and has yet to receive a response. By way of information, the USPS
indicated years ago that it would begin phasing out its service kiosks in the next few years. When staff
receives a response from Postal Service staff, I will advise Council.
BIO 2007: Funds for participation in the BIO 2007 conference were provided in this year's budget. The
BDB invited staff to an organizational meeting to discuss their plans for the upcoming conference. The City
is cooperating with the BDB for this venture, by participating in its Ambassador program and providing
collateral for distribution at its booth.
Fairchild GardenslLegacy Place: Four-way stops are now in place at Fairchild Gardens at the post office
and Legacy Place. New medians have been poured and temporary striping is in place. Message boards
are in place north- and southbound to advise drivers.
:
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:
DATE: February 14,2007
Mr. Ron Ferris, City Manager
I Daniel P. Clark, P.E., City Engineer
cc: Kara Irwin, Growth Management Administrator
Jack Doughney, Community Services Administrator
Mike Morrow, Public Works Director
Stephen Stepp, Chief of Police
Traffic Signals within the Regional Center SUBJECT:
At the January 18, 2007 City Council Meeting, Council directed staff to prepare a report
on the status of three intersections within the Regional Center which are the subject of
numerous inquiries due to traffic concerns. The three intersections are:
1. Kyoto Gardens Drive and Lake Victoria Gardens Drive (Downtown)
2. Fairchild Gardens Drive and Gardens Parkway (Landmark)
3. Kew Gardens Drive and Gardens Parkway
Based on recent cost data for the area, the City Engineers Office estimates that each
signal will cost approximately $350,000 to purchase and install. Lane reconfigurations
are estimated at $450,000. Thus, the total cost for all three signals is estimated at
$1,500,000. The City completed warrant studies for the signals last year with Landmark
and Downtown either meeting warrants or being very close to being warranted.
Therefore, if directed to do so, staff would make the design, permitting and construction a
priority and could begin working on these two signals immediately. The estimated date
for activation would be 10 to 12 months from design start (January or February of 2008).
Kew Gardens and Gardens Parkway design and permitting would begin after the design
and permitting are complete for Downtown and Landmark as this intersection signal isn?t
yet warranted.
Growth Management is processing an application for a Notice of Proposed Change
(NOPC) for the Regional Center. The original Development Order (DO) for the Regional
Center requires analysis of all intersections within the Regional Center. The applicants
for this NOPC have agreed to analyze the three intersections above and propose changes
if the intersections fail a Level of Service (LOS) standard. It is likely that Landmark and
Downtown intersections will fail the LOS standard. Installation of the signals at these
intersections will be proposed by staff as a condition of approval. After careful
discussions with the Growth Management Department staff, a reasonable time frame for
the completion of the LOS analysis, negotiations for the NOPC Development Order and
then processing the NOPC is at best five months and more realistically twelve months.
Based on this timeframe, design and permitting could begin in February 2008 with the
signals becoming active in December 2008.
If the City moved forward with the design and construction of both signals, the City staff
will have the opportunity to enact pro-rata share requirements for applicable projects as a
condition of approval within the development order for the NOPC currently proposed for
the Regional Center DRI.
If you have any questions, please contact me at 561-799-4123.
Ron Ferris
From: Dan Clark [Dan-C@lbfh.com]
Sent:
To:
Wednesday, February 14,2007 550 PM
Ron Ferns; Jack Doughney; Michael Morrow; Stacy Rundle
.., . .. .
Subject: PGA and Shady Lakes
We received by email today the inspectionlacceptance reports from both the County Traffic Division and FDOT for
the signal at PGA and Shady Lakes Drive. When a "signal" is permitted, that permit includes all mast arms, signal
heads, lighting, ped signals, lane geometry, sidewalks, ADA ramps and any other items needed to make the
entire intersection consistent with appropriate design indices and codes.
These documents are the regulating agencies approval of all aspects of the intersection including the lane
geometry. There are no additional changes necessary to the lane widths, curb radii or curb or lane locations.
211 512007
CITY OF PALM BEACH GARDENS
MEMORANDUM
To:
THRU: Ron Ferris, City Manager
Mayor and City Council Members
DATE: February 13,2007 /
FROM: Kara L. Irwin, Growth Management Administrator w
SUBJECT: City Council Directives Requesting Construction Project Updates
cc: Patricia Snider, City Clerk
At the City Council meeting on February 1, 2007, the Council requested an update on
specific issues relative to the status of construction activities for projects previously
approved by the City Council. Currently, staff conducts bi-weekly status meeting with a
majority of the active construction projects within the City. The purpose of these
meetings is to maintain communication with the development community and maintain
an on-going status of all development order conditions. Based on the status updates
that staff maintains for these projects, the following information has been provided to
update the City Council:
Issue#i: Determine ifreplacement lighting can be installed at Midtown
(FU Borland) construction site.
Shields have been placed on all lights within the Borland Center project. At the request
of adjacent residents, the project manager/agent is considering lowering the wattage to
reduce the glare, but are delaying in lowering the wattage to allow time for a burn in ( a
period when the lights dim). Regardless of any reduction in the wattage, the project owners will need to maintain Code light levels.
In addition, the project manager / agent has stated the lights on the
southernmost east/west road will be dropped in wattage prior to being turned
back on. These lights were shut off after complaints at previous council
meetings.
City staff has visited the site and met with the affected neighbors in the
Gardens of Woodberry before and after the installation of the shield and has
noticed a significant improvement. The affected residents in Gardens of
Woodberry have agreed that the shields were a vast improvement, but asked if
they could also lower the wattage. Once again, the applicant will be required
to maintain current code requirements, specifically if the lower wattage
creates dark spots along the pedestrian pathways.
t
Issue #2: Follow-up with project manager / agent, Do& Glas, regarding
Southmp ton landscaping.
Please be advised that Condition 8 of the development order, Resolution 48, 2005,
states that "within six (6) months from the issuance of the first excavation and fill
permit, the applicant shall install all buffers, recreated preserves, and Central Boulevard
road shoulder and median landscaping.
The Excavation and fill permits for the project was issued in September 2006,
so Southampton is required to have all landscaping installed by March 18,
2007. City staff is currently reviewing the proposed plans with the project's
landscape architect. The project is currently moving forward to install the
required landscaping within the required timeline.
Currently, the contractor has requested a Certificate of Occupancy for the
Sales trailer on site.
Issue #3: Status of the Cimarron Cove Project.
Cimarron Cove has not requested a clearing permit 1 or the site and any requests for a
permit will be evaluated by staff. Staff is cautious about releasing permits for the
clearing of approved development projects that may not be in a position to move
forward with development. In the past, staff has denied clearing permits in instances
where the project was not moving forward to get all other required permits for
development. In the event that the applicant stops construction on the site after
commencement, the project manager / owner will be required to seed the entire site.
Currently, the only development activity relative to the project is a pending plat
approval and the required surety that was posted for the parcel.
If you have any additional questions or comments regarding the status of construction
projects within the City, please contact Brad Wiseman, Planning Manager at (561) 799-
4235 or myself at (561) 799-4242.
m
Q)
0 %
M E
0
0 c.
Q) c!
E 0
*E . .
c,
M E
'cs .e(
1
W E a
A E
G
E a
W .rl
I
F 0 0 cil
cili 1
E 0
1
0
.rl c, .
m 3 0
c! 0 a G
Q)
&
. c,
a
0 * c, m
E
n M E
W a
.rl
2
c, m 1 J
I
0 cil
Q) 0 E a E
'cs .rl
8 0
i
Q) c, E c
t\ 0 0 cil
t\-
Q) 0 E a E
'cs .rl
8 0
Q) L: c, ecr 0
E 0
m 1 u E 0 0
Q) 5:
.3
3
c,
3 .3 c, E 1
E .3 B
Q) Lc
pa E
s,
Le
.3
3
2 c,
c,
m
cd
ts" 03
c, m
Q) c,
0 5: 3
4 0 .3 c, m
Q) 1 w
k. E cd
2 2 c, ecr 0
h E cd
E 0
W E
E
Q) k
Q)
m
.3
= c,
h E
.3 s
c, m
Q) c,
Lc
0
0
a E
E
0 L:
G
c,
Q) c,
e3
3 z 0 m s,
Q) a
cd
E
Lc cd
3 3
.3
; m
3 0 E
3 II '5
5
i3;
24 Lc
Q)
c,
E-cu
CITYOFPALMBEACHGARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, engineers help to design, construct and maintain the
infrastructure and facilities that contribute to a high quality of life for all resident of
Palm Beach Gardens; and
WHEREAS, Palm Beach Garden's future growth depends on engineers
executing innovative, creative, high-quality solutions to technical problems; and
WHEREAS, the stated purposes of the Florida Engineering Society shall be
to advance the public welfare and to promote the professionar; social and economic
interests of the engineering profession and to stimulate and develop professional concepts
among all engineers through education and in practice; and
WHEREAS, current members of the Florida Engineering Society and the
Florida Institute of Consulting Engineers are making strides to interact with the
engineering education sector to prepare future engineers to maintain our economic
leadership and quality of life;
WHEREAS, it is fitting that we recognize and honor the continuing
contributions of America's engineers by observing Engineers Week with the motto:
"Engineering The Future':·
NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City ofPalm Beach Gardens,
Florida, do hereby proclaim the week ofF 18-24, 2007 National Engineers Week.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused th Seal of the City of Palm
Beach Gardens, Fl be a ixed th ·s J51h Day
of February, in t and Seven.
PROCLAMATION
STATE OF FLORIDA
WHEREAS, a healthy and productive community is essential to the mission of the Palm
Beach County Health Department and its ability to successfully promote and encourage
physical activity for people of all ages and abilities to improve their mental health, and
reduce the risks of obesity, heart disease, and diabetes; and
WHEREAS, much of the cluonic disease burden is preventable through effective prevention
measures which exit today to substantially curtail the illnesses, disabilities, and unnecessary
or early deaths caused by these diseases; and
WHEREAS the Palm Beach County Health Department encourages communities, schools,
and worksites to set goals, reduce barriers, make healthy choices, and strive for sustaining
healthier lifestyles; and
WHEREAS, The Palm Beach County Health Department values the support of communities,
agencies, and organizations that implement wei/ness activities; and
WHEREAS, the implementation of a wei/ness event can benefit residents by improving their
physical health and morale;
NOW, 11/EREFORE, /,Joseph R. Russo, by virtue of the authority vested in me as Mayor
of the City of Palm Beach Gardens, Florida, do hereby proclaim February 23, 2007 as
STEP UP FLORIDA DAY
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City of
Palm Beach Gardens, Florida, to be affixed on
tho JJ'i' Jay of February, Two Thousand-
Seven.
PROCLAMATION
STATE OF FLORIDA
WHEREAS, a healthy and productive community is essential to the mission of the Palm
Beach County Health Department and its ability to successfully promote and encourage
physical activity for people of all ages and abilities to improve their mental health, and
reduce the risks of obesity~ heart disease, and diabetes; and
WHEREAS, much of the chronic disease burden is preventable through effective prevention
measures which exit today to substantially curtail the illnesses, disabilities, and unnecessary
or early deaths caused by these diseases; and
WHEREAS the Palm Beach County Health Department encourages communities, schools,
and worksites to set goals, reduce barriers, make healthy choices, and strive for sustaining
healthier lifestyles; and
WHEREAS, The Palm Beach County Health Department values the support of communities,
agencies, and organizations that implement wei/ness activities; and
WHEREAS, the implementation of a wei/ness event can benefit residents by improving their
physical health and morale,·
NOW, THEREFORE, /, Joseph R Russo, by virtue of the authority vested in me as Mayor
of the City of Palm Beach Gardens, Florida, do hereby proclaim February 23, 2007 as
STEP UP FLORIDA DAY
IN WITNESS WHEREOF, I have hereunto
&et my hand and caused the Seal of the City of
Palm Beach Gardens, Florida, to be affixed on
this JS" day of February, Two Thousand-
Seven.