HomeMy WebLinkAboutAgenda Council Agenda 060707
City of Palm Beach Gardens
Council Agenda
June 7, 2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Levy Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
June 7, 2007
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. (Page 5) Kim Delaney, Treasure Coast Regional Planning Council - discussion on
Transit Oriented Development.
b. (Page 6) Landscaping and Utility Standards within the City of Palm Beach
Gardens.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
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. (Page 7) Approve Minutes from April 5, 2007 regular City Council meeting.
b. (Page 13) Approve Minutes from May 3, 2007 regular City Council meeting.
c. (Staff Report on Page 20, Resolution on Page 22) Resolution 47, 2007 –
Pavement Contract. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an Agreement for pavement resurfacing services in an
amount not to exceed $200,000.00 with Ranger Construction Industries, Inc. via
an existing contract with the Village of Wellington (contract No. 004-07);
authorizing the Mayor and the City Clerk to execute the agreement; and providing
an effective date.
d. (Staff Report on Page 45, Resolution on Page 47) Resolution 49, 2007 –
Contract award. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a contract award to Ahrens Companies for the
construction of a pre-engineered metal building for the purpose of servicing City
vehicles at the Public Works facility; authorizing the Mayor and City Clerk to
execute such contract; and providing an effective date.
e. (Staff Report on Page 143, Resolution on Page 145) Resolution 54, 2007 –
Work authorization. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a work authorization and Notice to Proceed to
Landscape Service Professionals, Inc., based on its annual landscaping and
irrigation contract dated September 15, 2005, for materials and installation of
irrigation improvements at PGA National Park; and providing an effective date.
f. (Staff Report on Page 151, Resolution on Page 153) Resolution 55, 2007 –
Work authorization. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a work authorization and Notice to Proceed to
Landscape Service Professionals, Inc., based on its annual landscaping and
irrigation services contract dated September 15, 2005, for materials and
installation of landscaping improvements at Burns Road Community Recreation
Center; and providing for an effective date.
g. (Page 161) Quarterly Financial Report.
h. (Page 201) Proclamation – recognition of Sam Martin for thirty-eight (38) years
of service.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 202, Resolution on Page 273) Resolution 7, 2007 –
Amend the Donald Ross Village PUD signage. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida amending the Donald Ross Village
Planned Unit Development (PUD) to allow an increase in the size of the signage
on the West elevation of the hotel from 36 square feet to 53 square feet (Building
H) and approving a waiver from Section 78-285, code of ordinances, to allow for
one additional flat/wall sign for each tenant located in buildings A, B, C, D, I, J,
and K within the Donald Ross Village PUD, generally bounded by Donald Ross
Road to the North, Central Boulevard to the West, and Military Trail to the East,
as more particularly described herein; providing waivers; providing conditions of
approval; and providing an effective date.
Part II – Non-Quasi-judicial
a. (Staff Report on Page 307, Ordinance on Page 397) Ordinance 10, 2007 – (2nd
reading and adoption) Employer Sponsored Housing. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to Employer-
Sponsored Housing; creating a new Section 78-193, Code of Ordinances, to be
entitled “Employer-Sponsored Housing"; amending Section 78-751, Code of
Ordinances, entitled “Definitions”; providing for codification; and providing an
effective date.
b. (Staff Report on Page 402, Ordinance on Page 404) Ordinance 18, 2007 – (2nd
reading and adoption) Drought-Related Water Restrictions. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida relating to Drought-
Related Water Restrictions; authorizing the City Manager to implement necessary
modifications to the requirements for landscaping installation during periods of
drought; and providing an effective date.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
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.
,
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. Transit-Oriented Development:
Kim Delaney of the Treasure Coast Regional Planning Council (TCRPC) will
provide a presentation on the general elements of Transit-Oriented Development,
as well as specific comments on the criteria for evaluating existing conditions in
the City for accommodating a Tri-Rail station.
IV ANNOUNCEMENTS / PRESENTATIONS:
b. Landscaping and Utility Standards within the City of Palm Beach Gardens:
Staff is presenting information to City Council regarding current efforts to work
with utility providers to resolve conflicts between landscaping and utilities in the
City. The issue includes new development and existing development in the City,
due to the fact that utility providers are pruning vegetation in the City and limiting
installation of new landscaping in relation to their service lines.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
April 5, 2007
The April 5, 2007 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:03 p.m. in the Council Chambers of the Municipal Complex,
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and
opened with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Barnett, Councilmember Jablin,
Councilmember Levy, and Councilmember Valeche.
ELECTION:
Resolution 32, 2007 – Declaring results of the Municipal Election. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida, declaring the results of the General
Election held on March 13, 2007; and providing an effective date. Councilmember Jablin
moved approval of Resolution 32, 2007. Councilmember Levy seconded the motion, which
carried by unanimous 5-0 vote.
Administer Oath of Office: The City Clerk administered the oath of office to David Levy and
Joseph Russo. Mr. Levy and Mr. Russo made comments and expressed their appreciation.
REORGANIZATION:
Appointment of a Temporary Chairman to appoint Mayor – Councilmember Jablin moved to
appoint Joseph Russo as Temporary Chairman. Councilmember Levy seconded the motion,
which carried by unanimous 5-0 vote.
Appointment of Mayor – Councilmember Levy moved to appoint Joseph Russo as Mayor.
Councilmember Jablin seconded the motion, which carried by unanimous 5-0 vote.
Appointment of Vice Mayor - Councilmember Jablin moved to appoint David Levy as Vice
Mayor. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Resolution 27, 2007 – Appointment of Mayor and Vice Mayor. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor
for the City; and providing an effective date. Councilmember Jablin moved approval of
Resolution 27, 2007 with the names Joseph R. Russo inserted as Mayor and David Levy
inserted as Vice Mayor. Vice Mayor Levy seconded the motion, which carried by unanimous
5-0 vote.
ADDITIONS, DELETIONS, MODIFICATIONS:
Mayor Russo announced that Appointment of Council to External Boards and Appointment
of Council to Internal Boards would be moved to the end of the meeting; addition under
Announcements/Presentations of a presentation by Police Chief Stepp regarding gangs;
under the Consent Agenda addition of a Proclamation for United States Air Force Band Day;
deletion of Ordinance 12, 2007 and Resolution 28, 2007-Redevelopment of Palm Beach
Gardens High School. Councilmember Jablin moved approval of Additions, Deletions, and
Modifications as read into the record by Mayor Russo. Vice Mayor Levy seconded the
motion, which carried by unanimous 5-0 vote. Mayor Russo made a brief opening report
regarding western development, recommendation for a business plan for the coming year,
challenging everyone to work together. The Mayor asked that he be appointed as a
representative to work with PGA Corridor residents.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 2
ANNOUNCEMENTS / PRESENTATIONS:
Recognition of Willie Sigler’s Retirement - Mr. Sigler’s 40-year service was recognized by
presenting him with a key to the City. Mr. Sigler expressed his thanks.
Fiscal Year 2006 City Annual Audit Report - Bob Feldman from the audit firm of
McGladrey & Pullen indicated the City had a very clean report with no significant items and
the City was in a good financial position.
Gang Activity – Police Chief Stepp provided an overview of the gang situation on the local
level and explained how law enforcement and legislation was dealing with the problem.
WORKSHOP:
Parcel 5B – Applicability of Proposed Height Ordinance to Transit Oriented Development
(TOD) - Brad Wiseman of the Growth Management Department presented a report with
staff’s recommendation to grant a transit oriented designation if specific criteria were met,
by placing an exemption in Ordinance 8, 2007 to encourage transit oriented development.
During discussion by the Council, a full presentation before the City Council on transit
oriented development was requested.
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
Councilmember Barnett congratulated Councilmember Valeche on his appointment to the
Executive Board of the League of Cities, wished everyone a happy Passover, happy Easter,
and announced the City’s Easter Egg Hunt to be held on Saturday. Vice Mayor Levy
reported on his visit to Watson B. Duncan Middle School to see the butterfly garden created
to teach children nature, which autistic children had helped build. The Vice Mayor reported
that the Loxahatchee River Coordinating Council had elected new officers. Councilmember
Jablin reported he and Vice Mayor Levy met with Senator Jeff Atwater and discussed
property taxes from the point of view of the homeowner associations and the point of view of
the City. Mayor Russo reported he had attended the Intergovernmental meeting and asked
other Cities to help with western development, and requested staff to keep in contact with
their staff. Mayor Russo reported the County was trying to address the sector plan and
western development, and Commissioner Marcus asked for the City’s support, to which he
had responded the City did not support any change to the Vavrus site and felt more
comfortable supporting the one to ten. Councilmember Jablin made a motion to write a letter
to Commissioner Marcus for one unit on ten acres West of the City’s urban boundary. Vice
Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. Mayor Russo
advised he had received a report from Councilmember Barnett containing serious allegations
and asked for the City Manager’s comments. City Manager Ferris indicated the report
contained allegations regarding him, the labor attorney, and certain City employees, and he
felt his rights had been violated and that the City Manager form of government had been
breached. He felt this had been directed against him for political reasons because he refused
to comply with Ms. Barnett’s demands he take certain actions that were beyond her scope of
duty to request as a member of the City Council. The City Manager reported the facts were
Councilmember Barnett came to his office March 14, asked if his office was bugged,
demanded that he fire Chief Stepp, Chief Bergel, Captain Rogers, and Bob Norton, the City’s
labor attorney, because she had seen a bill from the labor attorney indicating he was
conducting an internal investigation within the Police Department, which she stated was
illegal. City Manager Ferris reported subsequent events regarding this matter, including
items supplied to Ms. Barnett, research done by the City Attorney, and Ms. Barnett’s report
containing serious allegations. Mayor Russo presented the report received at his home for the
public record. The Police Chief reported he had referred the matter to Florida Department of
Law Enforcement, and they had reported no crime had occurred. Fire Chief Bergel stated he
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 3
had served the City for 32 years and was extremely proud of his record and would not let
Councilmember Barnett impugn his record. Councilmember Jablin commented he received
what he believed to be exparte communication via U.S. mail at his home from
Councilmember Barnett, and expressed his opinion that she went outside the chain of
authority, not going through the City Clerk, in order to avoid the City Manager, and her
communication contained allegations about the City Manager. Councilmember Jablin
expressed his opinion this was a violation of the Sunshine Law; that conducting an
investigation on her own without knowledge of the City Council and demanding City
employees be fired constituted a breach of the City’s charter; and commented she had caused
staff to expend thousands of dollars, which he resented. Councilmember Valeche expressed
his opinion this was not the proper forum for this to be discussed and if legal recourse
needed to be taken by any party they should do that. Vice Mayor Levy expressed his opinion
a lot of staff time and money was being expended and he wanted the Council to learn from
this. Mayor Russo expressed his opinion that handling the situation in this way was not good
for anyone. Councilmember Barnett stated she did not violate the Sunshine Law, she did not
believe she stepped outside her boundaries, she did not ask the City Manager to fire anyone,
it came to her attention the City was paying for an employee to be represented in a suit
where the City was not a party, and the labor attorney had attempted to collect twice.
Councilmember Barnett reported she had been advised by Florida Department of Law
Enforcement how to handle the situation; she had made a public records request as any
citizen could do, and reported on the information she had found in e-mails. She felt the City
had not had many lawsuits because employees had been strong-armed by the labor attorney.
Mayor Russo requested someone come to the Council to explain the City charter so this
would not happen in the future. Councilmember Jablin indicated the City had a great staff
and they should not have to work under a cloud. Mayor Russo asked everyone to turn the
page and work together.
COMMENTS FROM THE PUBLIC:
Attorney Peter Sampo defended his partner, Labor Attorney Bob Norton, against the
allegations by Councilmember Barnett. Carolyn Chaplik thanked staff for the 4-way stop at a
dangerous intersection at Legacy Place, commented it was dangerous at Lake Victoria Drive
and Kyoto Drive, and reported the wrong phone number was on signs posted for
development. Roger Blangy, Garden Woods, provided information on the Kyoto Drive
railroad crossing to the City Clerk, and suggested a meeting on the issue, which Mayor
Russo referred to the City Manager because of threatened litigation. City Manager Ferris
commented Mr. Blangy had exhausted all legal avenues, but his office would contact Mr.
Blangy. Eileen Tucker stated the PGA Corridor Coalition would love to meet with the
Mayor, and indicated workforce housing and the train station could be in conflict. Holly
Vath, Buttercup Circle, spoke about a code enforcement problem, provided pictures of other
violations, and requested the City look into how three violations on the way to her house
were overlooked. Richard Baladino reported they had lived here 15 years and were very
pleased with the City’s growth; he had served on many boards while living here; but he and
his wife now were moving to Georgia to be close to their family, and thanked the City for
being a great place to live. Pat Hughey advised April was Victim Awareness Month and
asked the City to include that in their proclamations.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 4
CONSENT AGENDA: Councilmember Jablin moved approval of the Consent Agenda.
Vice Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. Therefore, the
following items were approved on the consent agenda:
a. Approve Minutes from January 18, 2007 regular City Council meeting.
b. Approve Minutes from February 1, 2007 regular City Council meeting.
c. Resolution 40, 2007 - Non-Exclusive Utility Easement. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida granting a ten foot
Non-Exclusive Utility Easement within Sandhill Crane Access Park to
Florida Power and Light; and providing an effective date.
d. Resolution 41, 2007 - Work Authorization and Notice to Proceed to
Construction Technology, Inc. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving a Work Authorization and Notice
to Proceed to Construction Technology, Inc. for the demolition of an
abandoned water treatment facility located on Lilac Street; and providing an
effective date.
e. Proclamation – Fair Housing Month.
f. Proclamation – Holocaust Days of Remembrance.
g. Proclamation – National Public Works Week.
h. Proclamation – National Volunteer Week.
i. Proclamation – Water Conservation Month.
j. Proclamation – United States Air Force Band Day.
PUBLIC HEARINGS:
Part I – Quasi-judicial
Mayor Russo described the procedures that would be followed in tonight’s quasi-judicial
proceedings. The City Clerk swore in all those intending to offer testimony in any of
tonight’s cases.
Ordinance 6, 2007 - (2nd Reading and adoption) 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.] Resolution 17, 2007 - Divosta
PGA/Turtle Beach PUD. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the site plan and major conditional use for the 1.01-acre parcel
of land located on the South side of PGA Boulevard, approximately 500 feet West of
Military Trail and East of PGA Commons Phase III, as more particularly described herein, to
be referred to as the Divosta PGA/Turtle Beach Planned Unit Development (PUD), to allow
the development of 2,500 square feet of financial institution with drive-through facilities and
2,650 square feet of office use; providing waivers; providing conditions of approval; and
providing an effective date. The City Clerk read Ordinance 6, 2007 on second reading by
title only and Resolution 17, 2007 by title. Mayor Russo declared the public hearing open.
Vice Mayor Levy, Councilmember Valeche, and Councilmember Jablin reported speaking
with John Channing regarding parking lot connectivity. Mayor Russo reported he spoke with
John Channing but did not discuss the case. Donaldson Hearing spoke on behalf of the
petitioner and explained the interconnectivity between the parking areas had been removed
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 5
at the request of the Council, and other modifications had been made which were approved
by the Planning Zoning and Appeals Board. Growth Management Administrator Kara Irwin
advised that staff supported the interconnectivity. Marty Minor, Urban Design Studio,
expressed support for interconnectivity and provided a letter of support from The Garden
Isles homeowners association. Carl Erickson, Magnolia Street, advised that The Garden Isles
homeowners association did not agree with the connectivity. Lois Erickson, Magnolia Street,
thanked the Council for removing the cross access. John Channing, PGA Commons, spoke in
support of interconnectivity, and advised they would close it if there were future problems.
Dan Eagle, employee of Mr. DiVosta, stated they did not want the interconnectivity. Hearing
no further comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Jablin indicated he would like to look at the connectivity. Vice Mayor Levy
supported the project without the connectivity unless a way to change it in the future could
be worked out. Councilmember Barnett and Councilmember Valeche did not approve the
interconnectivity. Councilmember Barnett made a motion to adopt Ordinance 6, 2007 on
second reading by title only. Vice Mayor Levy seconded the motion, which carried by 4-1
vote with Councilmember Jablin opposed. Councilmember Barnett made a motion to
approve Resolution 17, 2007. Vice Mayor Levy seconded the motion, which carried by 4-1
vote with Councilmember Jablin opposed.
Part II – Non-Quasi-judicial
Ordinance 9, 2007 - (2nd reading and adoption) – Alternative method of qualifying for
election. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
relating to elections; amending Chapter 26, Code of Ordinances, entitled “Elections” to
provide an alternative method of qualifying for election; providing for codification; and
providing an effective date. The City Clerk read Ordinance 9, 2007 on second reading by
title only. Mayor Russo declared the public hearing open. Hearing no comments from the
public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved
adoption of Ordinance 9, 2007 on second reading by title only. Vice Mayor Levy seconded
the motion, which carried by unanimous 5-0 vote.
RESOLUTIONS:
Resolution 43, 2007 - National Incident Management System (NIMS). A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving the use of the National
Incident Management System (NIMS) as the municipal standard for Incident Management;
authorizing the Mayor and City Clerk to execute an Interlocal Agreement with the Sheriff of
Palm Beach County for an Urban Area Security Initiative Grant; and providing an effective
date. Councilmember Jablin moved approval of Resolution 43, 2007. Vice Mayor Levy
seconded the motion, which carried by unanimous 5-0 vote.
Council Appointments to External Boards:
Consensus was that councilmembers would stay on the boards on which they currently
served. Councilmember Jablin moved the Council liaisons stay the same as last year for the
external and the internal boards. Vice Mayor Levy seconded the motion, which carried by
unanimous 5-0 vote.
CITY ATTORNEY REPORT:
City Attorney Tatum reported on the City’s continuing work with Royal Palm Beach and
West Palm Beach on the Callery Judge issue.
Vice Mayor Levy indicated he would bring up the matter of requirements to become a Cool
City at a later date.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/5/07 6
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 9:59 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR LEVY
____________________________________
COUNCILMEMBER JABLIN
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the
City Clerk. All referenced attachments are on file in the City Clerk’s office.
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
May 3, 2007 4
5
The May 3, 2007 Regular Meeting of the City Council of the City of Palm Beach Gardens, 6
Florida, was called to order at 7:02 p.m. in the Council Chambers of the Municipal Complex, 7
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and 8
opened with the pledge of allegiance and a moment of silence and prayer for those affected by 9
the Virginia Tech tragedy. Councilmember Valeche made a motion to engrave a courtyard brick 10
in remembrance; Vice Mayor Levy seconded; carried by unanimous 5-0 vote. 11
ROLL CALL: The City Clerk called the roll and the following elected officials were found to 12
be in attendance: Mayor Russo, Vice Mayor Levy, Councilmember Jablin, Councilmember 13
Valeche, and Councilmember Barnett. 14
ADDITIONS, DELETIONS, MODIFICATIONS: 15
Mayor Russo announced an addition to the Consent Agenda Item L of a Proclamation declaring 16
Building Safety Week and requested reordering the agenda to hear Ordinance 10, 2007 right 17
after the Consent Agenda. Councilmember Jablin made a motion to approve the additions, 18
deletions, and modifications as stated by the Mayor. Vice Mayor Levy seconded the motion, 19
which carried by unanimous 5-0 vote. 20
ANNOUNCEMENTS / PRESENTATIONS: 21
Port of Palm Beach – Carl Baker, Special Assistant to the Executive Director, provided an 22
update on upcoming activities and events at the Port of Palm Beach honoring the crew of the 23
USS Carr, which would arrive at the port the next day. 24
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: 25
Councilmember Barnett thanked the Gardens Isles residents for inviting the Council to their 26
block party; and reported the Community Aesthetics Board would be taking field trips to 27
different developments. Vice Mayor Levy reported the Biotech Land Advisory Board had met 28
and discussed how Scripps was integrating with the Palm Beach County School Board to 29
develop biotech programs in the schools. Councilmember Valeche reported there had been a 30
great turnout at the 5k walk benefiting the Give a Life Foundation to promote organ donation. 31
Councilmember Jablin encouraged everyone to become an organ donor. Mayor Russo reported 32
groundbreaking for the Palm Beach Gardens Elementary School, and commended the School 33
Board. Mayor Russo requested the (TOD) Transit Oriented Development presentation for the 34
height Ordinance be held; staff reported that was scheduled for June 7, 2007. Mayor Russo 35
announced the Economic Development Workshop would be held in June, after it was known 36
what the State was going to do about real estate taxes. The City Council had attended the Town 37
Hall meeting with the Governor, and were aware decisions would have to be made regarding 38
services since less income would be received. Mayor Russo reported he met with a large German 39
Biotech company which wanted to locate in the North end of the County, which could bring 40
dollars to the City. Mayor Russo expressed concern regarding the Callery Judge approval and 41
announced there would be a hearing at the County regarding the approval; this development 42
would greatly affect the City’s traffic. Mayor Russo reported the PGA Residents Corridor Group 43
was circulating a petition and wanted to reduce waivers and height; the Mayor would meet with 44
the group’s representatives to better understand their concerns. Mayor Russo announced Hal 45
Valeche was running for Congress and Jody Barnett was running for State Attorney, and wished 46
them both luck. 47
48
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
2
CITY MANAGER REPORT: 1
City Manager Ferris reported staff had been working on the budget process to accommodate the 2
lost revenues from property taxes which would impact services. Staff proposed dividing services 3
into categories: basic services, essential or needed services, and important services and those 4
related to growth. Other items being considered for savings were consolidation/elimination of 5
positions, contract services, benefits, merits, Cost of Living Adjustments, pensions, Fire Rescue, 6
Growth Management and City Attorney cost recovery programs, comparing in-house and 7
consultant Engineering. Other alternative sources of revenue were user fees and other taxes such 8
as utility taxes, communications service taxes, solid waste collection and Emergency Medical 9
Services. In summary, alternative revenues, cost recovery, and expenditure reduction were being 10
considered. The City Manager advised the types of programs that would need to be curtailed. 11
Mayor Russo recommended preparing for the Senate proposal and holding a town hall meeting. 12
Councilmember Barnett requested a policy setting meeting on this issue. The City Manager was 13
requested to come back with a time frame. 14
COMMENTS FROM THE PUBLIC: 15
Carolyn Chaplik, Hudson Bay Drive, requested help with getting a response from Northern Palm 16
Beach County Improvement District to clean out a canal. Andrew McGee, South Florida 17
Commuter Services, explained that they helped individual drivers find alternate ways to get to 18
and from work using carpooling, mass transit, etc., to relieve traffic congestion. On May 17, 19
2007, they were holding a Commuter Challenge in conjunction with Clean Air Month, asking 20
people to try an alternate mode of transportation for one day and to go to their website or call 21
them for information: www.whyridealone.com 1-800-234-RIDE. 22
CONSENT AGENDA: Councilmember Jablin moved approval of the Consent Agenda absent 23
Item G with the addition of a Proclamation declaring Building Safety Week. Vice Mayor Levy 24
seconded the motion, which carried by unanimous 5-0 vote. The following items were approved 25
on the Consent Agenda: 26
a. Approve Minutes from February 15, 2007 regular City Council meeting. 27
b. Approve Minutes from March 1, 2007 regular City Council meeting. 28
c. Approve Minutes from March 15, 2007 regular City Council meeting. 29
d. Resolution 44, 2007 - Addendum to the Collective Bargaining Agreement. A 30
Resolution of the City Council of the City of Palm Beach Gardens, Florida 31
approving and ratifying an Addendum to the Collective Bargaining Agreement 32
with Professional Fire Fighters/Paramedics of Palm Beach County Local 2928, 33
Inc., employed by the City’s Fire Rescue Department, as approved by Resolution 34
62, 2006, for Fiscal Years 2005-2006, 2006-2007, and 2007-2008; authorizing 35
the Mayor and the City Clerk to execute said Addendum; and providing an 36
effective date. 37
e. Resolution 45, 2007 – Contract award to Abacus Travel, Inc. A Resolution of the 38
City Council of the City of Palm Beach Gardens, Florida awarding a contract for 39
Travel Agency Services to Abacus Travel, Inc.; authorizing the Mayor and the 40
City Clerk to execute the contract; and providing an effective date. 41
42
43
44
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
3
f. Resolution 46, 2007 - Approve a contract for Vending Machine Services. A 1
Resolution of the City Council of the City of Palm Beach Gardens, Florida 2
awarding a non-exclusive contract for Vending Machine Services to Pepsi 3
Americas; authorizing the Mayor and the City Clerk to execute the contract; and 4
providing an effective date. 5
h. Proclamation – Municipal Clerks Week. 6
i. Proclamation – USS Carr (FFG 52). 7
j. Proclamation – USS Simpson (FFG 56). 8
k. Proclamation – Give a Life Foundation. 9
l. Proclamation – Building Safety Week 10
Item G Resolution 48, 2007, pulled from Consent Agenda by Councilmember Valeche and 11
Councilmember Barnett. 12
Resolution 48, 2007 - Letter of support for the SFRTA. A Resolution of the City Council of the 13
City of Palm Beach Gardens, Florida authorizing the Mayor to sign a letter of support for the 14
South Florida Regional Transportation Authority’s (SFRTA) pursuit of a dedicated funding 15
source; and providing an effective date. Councilmember Valeche advised he had abstained from 16
voting on this at The League of Cities since he had not received direction from the City Council, 17
and he was against the Resolution. Councilmember Jablin advised the MPO (Metropolitan 18
Planning Organization) was supporting this. Consensus of Council was to place this on the next 19
agenda for consideration. 20
PUBLIC HEARINGS: 21
Part I – Quasi-judicial - Mayor Russo announced the procedures that would be followed in all 22
of tonight’s quasi-judicial cases. The City Clerk swore in all those intending to offer testimony 23
in any of tonight’s cases. 24
Ordinance 10, 2007 – (first reading) Employer Sponsored Housing. An Ordinance of the City 25
Council of the City of Palm Beach Gardens, Florida, relating to Employer Sponsored Housing; 26
creating a new Section 78-193, Code of Ordinances, to be entitled “Employer Sponsored 27
Housing”; amending Section 78-751, Code of Ordinances, entitled “Definitions”; providing for 28
codification; and providing an effective date. The City Clerk read Ordinance 10, 2007 by title 29
only on first reading. Attorneys Steve Mathison and Robert Havish presented the applicant’s 30
proposal. Stephen Mayer presented the staff report and answered questions from the City 31
Council. Mayor Russo called for public comments. Carol Velez, Westwood Gardens, entered 32
into the record, in the form of a petition, 319 signatures from their residents who did not support 33
the Ordinance, and advised she also did not support the Ordinance. John Chaplik, Hudson Bay 34
Drive, expressed his opinion this could not be limited to Frenchman’s Creek but would affect 35
every community in the City, and recommended communities like Frenchman’s Creek be 36
allowed to build workforce housing within their own communities. Joe LasCasas, Eagle Lake 37
Drive, reserved comments for another meeting. Tim Lessio, Westwood Gardens, advised that all 38
the communities did not want this. George Blanck, Woodmill Drive, expressed his opinion that 39
nothing should be changed except individual associations should be allowed to do this. Sophia 40
Junz, Westwood Lakes, expressed her opinion this would be the first step down a slippery slope 41
into chaos. Michele Adler, Garden Lakes, expressed concern regarding enforcement and 42
recommended businesses come up with a solution for housing their employees. Allen Mankin, 43
Westwood Gardens, advised this would not work in a residential community and Frenchman’s 44
Creek should build within their own community or pay their employees more. Cathie Rockwood, 45
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
4
Westwood Gardens, was against the proposal. Casey Steinbacher, President and CEO of the 1
Northern Palm Beaches Chamber of Commerce, advised that workforce housing was a complex 2
issue; this was only a piece of the solution, and the types of people included in the income range 3
to use this housing included City and School District employees. Terry Petruzzi, President of 4
Westwood Gardens and Westwood Lakes Homeowners Association, commented communities 5
had not been included in the decision-making process and cautioned how this would affect other 6
communities. Eileen Tucker, Shady Lakes, expressed her opinion that the community should 7
provide housing within their own community. Vito DeFrancesco, Shady Lakes, compared the 8
number of unrelated people allowed in one residence to those allowed in other area Cities, stated 9
he thought this was the worst thing that had been done to residents and asked that the number be 10
reduced. Lou Velez, Westwood Gardens, entered into the record a petition from the board of 11
Westwood Gardens, which he advised had no interest in this program and expressed his opinion 12
that this was only about money. Charles Dee, Westwood Gardens, was against the Ordinance. 13
Evelyn Martino, Westwood Lakes, expressed concern about additional traffic, transient people, 14
and noise. Barb Freed, Westwood Lakes, questioned whether her community was involved, and 15
yielded her time when told her community would have to approve it. N. Westphal, Westwood 16
Gardens, asked not to let this happen. Carol Estrada, Riverside Drive, asked the City Council to 17
listen to the Planning and Zoning and Appeals Board, which denied this project, and referred to 18
past failed similar projects. Jacquelyn Durham, San Matera, provided a letter from residents who 19
could not attend, spoke against the proposal and advised there had not been notice of this 20
meeting to her community. Fern Sandler, Westwood Lakes, expressed her opinion that this was a 21
real estate transaction and stated they did not pay their people enough. James McGovern, Garden 22
Lakes, expressed his opinion that this was a bad idea, would set precedent, was really a business 23
problem, and urged the Council to reject the proposal. Pat Halty, owner and President of Big 24
Cypress Properties, advised that she provided employee housing and expressed concern how this 25
would affect her tenants. Walter Schmidt, President of Garden Lakes Homeowners Association 26
asked the Council not to pass this and asked that Garden Lakes not be allowed to have this. Joan 27
Elias, 1009 Diamond Head Way, spoke in favor of the proposal. Carolyn Chaplik, Hudson Bay 28
Drive, expressed concern with enforcement, and was against the project. Suzanne Cabrera, 29
President and CEO of the Housing Leadership Council, spoke in support of the Ordinance and 30
commented that affordable housing was at crisis and must be addressed, and workers would have 31
to be paid $50 to $60 an hour to afford housing within Palm Beach Gardens. Michael O’Rourke, 32
President of Oaks East, expressed his opinion that this was apartment cramming, not affordable 33
housing. Matthew McCord, San Matera, advised 34
that he lived next to a unit housing four Frenchman’s Creek workers and it was not a desirable 35
situation, and was not housing for Florida residents. The applicant addressed the Council and 36
urged adoption. Growth Management Administrator Kara Irwin advised who had been noticed of 37
this meeting. City Attorney Tatum reported (HUD) Housing Urban Development rules and 38
advised she would check whether residents were restricted to four. Councilmember Barnett 39
expressed concern that negatives would outweigh the benefits. Vice Mayor Levy felt the 40
Ordinance would provide rules so that enforcement could take place, and spoke in support of the 41
Ordinance. Councilmember Valeche expressed his opinion that unintended consequences had 42
been taken care of by the proposed language, and supported the Ordinance. Councilmember 43
Jablin expressed his support. Mayor Russo indicted he felt this Ordinance would provide more 44
protection. The City Attorney announced a proposed amendment to page 2 line 11: employer 45
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
5
sponsored housing programs shall be limited to a multifamily development with a minimum of 1
500 dwelling units, provided that all multifamily buildings in the development contain a 2
minimum of five dwelling units; and an amendment to page 3 line 17 would delete the current 3
subsection (8) to be replaced with the following language: written consent of any applicable 4
homeowners or property owners association signed by an authorized representative of the 5
association. Councilmember Jablin moved to place Ordinance 10, 2007 on first reading with the 6
amendments read into the record by the City Attorney. Vice Mayor Levy seconded the motion. 7
Councilmember Barnett expressed concern that this Ordinance contained limiting criteria and 8
asked why this would not be good for residential homes. Discussion ensued. Motion carried by 9
4-1 vote with Councilmember Barnett opposed. 10
Resolution 38, 2007 – Revise permitted signage within the Gardens Station West Planned Unit 11
Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 12
amending the Master Signage Program for the Gardens Station Planned Unit Development 13
(PUD), generally bounded by the RCA Center PUD to the North, Loehmann’s Plaza to the West, 14
the Hilda Flack Interiors and Hampton Inn properties to the South, and the FEC tracks to the 15
East, as more particularly described herein; providing waivers; providing conditions of approval; 16
and providing an effective date. The City Clerk read Resolution 38, 2007 by title only. 17
Donaldson Hearing spoke on behalf of the applicant. Mayor Russo declared the public hearing 18
open and called for ex-parte communication. Councilmember Valeche reported speaking with 19
Mr. Hearing and Mr. Griffith. Hearing no comments from the public, Mayor Russo declared the 20
public hearing closed. Councilmember Jablin moved approval of Resolution 38, 2007. Vice 21
Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. 22
Resolution 39, 2007 - Approval of the public art for the Gardens Station Mixed-Use Planned 23
Unit Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens, 24
Florida approving the Art in Public Places for the Gardens Station Planned Unit Development 25
(PUD), which is located South of Parcel 5B, immediately North of the Northcorp PCD, East of 26
RCA Boulevard, and West of the FEC Railway, as more particularly described herein; providing 27
conditions of approval; and providing an effective date. The City Clerk read Resolution 38, 2007 28
by title only. Mayor Russo declared the public hearing open and called for ex-parte 29
communication. No ex-parte communication was reported. Councilmember Jablin noted he was 30
the Council Liaison to The Art in Public Places Committee. Lucy Keshavrez presented the 31
proposed art, which the Art in Public Places Committee denied 6-1. Donaldson Hearing 32
requested reimbursement of the monies spent if Council denied it. Councilmember Jablin moved 33
denial of Resolution 38, 2007. Vice Mayor Levy seconded the motion, which carried by a 4-1 34
vote, with Councilmember Valeche opposed. The City Attorney reviewed code criteria for 35
waiving fees, which in her opinion did not apply in this case. Councilmember Jablin moved 36
denial of the petitioner’s request for rebate of the fees. Vice Mayor Levy seconded the motion, 37
which carried by a 4-1 vote, with Councilmember Barnett opposed. Mayor Russo commented 38
this was a public hearing; Councilmember Jablin withdrew his motion for denial of Resolution 39
38, 2007. Vice Mayor Levy seconded the motion, which carried by 5-0 vote. There were no 40
comments from the public, therefore, Mayor Russo declared the public hearing closed. 41
Councilmember Jablin moved denial of petitioner’s request for rebate of the fees. Vice Mayor 42
Levy seconded the motion, which carried by 4-1 vote, with Councilmember Barnett opposed. 43
Ordinance 12, 2007 – (2nd reading and adoption) – Redevelopment of Palm Beach Gardens High 44
School - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating 45
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
6
to rezoning; rezoning a Planned Unit Development with underlying Public or Institutional 1
zoning to allow the demolition and redevelopment of the existing Palm Beach Gardens High 2
School, generally located at the Southeast corner of Lilac Street and Military Trail, as more 3
particularly described herein; and providing an effective date. [Resolution 28, 2007 is a 4
companion item to Ordinance 12, 2007 and will require Council action.] Resolution 28, 5
2007 - Redevelopment of Palm Beach Gardens High School - A Resolution of the City Council 6
of the City of Palm Beach Gardens, Florida approving the site plan and a major conditional use 7
for the 39.74-acre parcel of land, generally located at the Southeast corner of Lilac street and 8
Military Trail, as more particularly described herein, to be referred to as the “Palm Beach 9
Gardens High School”; allowing the redevelopment of the existing high school; providing for a 10
waiver; providing for conditions of approval; and providing an effective date The City Clerk 11
read Resolution 28, 2007 by title only. Mayor Russo declared the public hearing open and called 12
for ex-parte communication. No ex-parte communication was reported, except by Mayor Russo 13
who stated none except at the cook-out. Angela Usher of the Palm Beach County School District 14
provided an update since the last presentation. Joan Elias, 1009 Diamond Head Way, expressed 15
concern that the school system had requested the City contribute over $100,000 annually for this 16
building, and that the school board now was proposing $98.6 million as the cost of this one 17
school. Carol Estrada, Riverside Drive, expressed concern there were no provisions for new 18
students at this school, which Mayor Russo indicated was a school board issue. Hearing no 19
further comments from the public, Mayor Russo declared the public hearing closed. 20
Councilmember Jablin moved to adopt Ordinance 12, 2007 on second reading. Vice Mayor Levy 21
seconded the motion, which carried by unanimous 5-0 vote. Councilmember Jablin moved to 22
approve Resolution 28, 2007. Vice Mayor Levy seconded the motion, which carried by 23
unanimous 5-0 vote. 24
Part II – Non-Quasi-judicial 25
Ordinance 11, 2007 – (2nd Reading and Adoption) Amending the Fiscal Year 2006/2007 Budget. 26
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City 27
of Palm Beach Gardens’ Budget for the fiscal year beginning October 1, 2006, and ending 28
September 30, 2007, inclusive; and providing an effective date. The City Clerk read Ordinance 29
11, 2007 by title on second reading. Mayor Russo declared the public hearing open. Alan 30
Owens, Finance Administrator, reviewed the changes made since first reading. Council 31
discussion followed. Vice Mayor Levy moved Ordinance 11, 2007 with removal of $1.2 million 32
for Fire Station 2, be placed on second reading for adoption. Mayor Russo noted this was a 33
public hearing. Vice Mayor Levy withdrew his motion. Joan Elias, 1009 Diamond Head Way, 34
asked that $1.2 million be left in the resolution. Hearing no further comments from the public, 35
Mayor Russo declared the public hearing closed. Vice Mayor Levy moved Ordinance 11, 2007 36
with removal of $1.2 million from reserves for Fire Station 2, be placed on second reading for 37
adoption. Councilmember Valeche seconded the motion, which carried by 4-1 vote with 38
Councilmember Jablin opposed. 39
RESOLUTIONS: 40
Resolution 42, 2007 – Appointment of members to the Art in Public Places Advisory Board. A 41
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the 42
appointment of regular and alternate members to the Art in Public Places Advisory Board; and 43
providing an effective date. Councilmember Jablin moved approval of Resolution 42, 2007 with 44
the names Ted Thoburn and Georgia Heard-O’Brien inserted moved from alternate to regular 45
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/3/07
7
members and the name Lynn Silber as first alternate and Karen Hainsworth as second alternate. 1
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. 2
ITEMS FOR COUNCIL ACTION/DISCUSSION: 3
Establish the dates for the July and August City Council meetings - Councilmember Jablin made 4
a motion to have one meeting in July and in August on the third Thursday of each month. Vice 5
Mayor Levy seconded the motion, which carried by unanimous 5-0 vote. 6
Councilmember Barnett asked for a budget workshop. It was agreed to meet as soon as the City 7
Manager had numbers ready. City Attorney Tatum noted the final hearing on Callery Judge 8
would be on Monday and it was very important for people to attend. Councilmember Jablin 9
advised 287 responses received in opposition would be taken to the hearing. 10
11
ADJOURNMENT 12
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There being no further business to discuss, the meeting was adjourned at 11:10 p.m. 14
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APPROVAL: ____________________________________ 17
MAYOR RUSSO 18
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VICE MAYOR LEVY 22
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COUNCILMEMBER JABLIN 26
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____________________________________ 29
COUNCILMEMBER VALECHE 30
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____________________________________ 33
COUNCILMEMBER BARNETT 34
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ATTEST: 36
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____________________________________ 39
PATRICIA SNIDER, CMC 40
CITY CLERK 41
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not 42
verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City 43
Clerk. All referenced attachments are on file in the City Clerk’s office. 44
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 10,2007
Meeting Date: June 7,2007
Resolution: 47.2007
SubjectIAgenda Item:
Consider a contract award for Pavement Resurfacing Services not to exceed $200,000.00 to
Ranger Construction Industries, Inc. via an existing contract with The Village of Wellington, Florida
Contract 04-007
Dc] Recommendation to APPROVE I ] Recommendation to DENY
Reviewed by:
city
gistrator 6c
Submitted by:
Jack Doughney,
Communi& Services
A inistr t Fa
v
City Mdnag6
Driginating Dept:
Michael Morrow
Operations Director
Community Services
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
[ X ] Noti -
c
[ ] Not required
costs: $200.000
(Total)
$200.000
Current FY
Funding Source:
[ x ] Operating
[ ]Other
Budget Acct#:
103-3000-539-4600
(Gas Tax)
Zouncil Action:
: ]Approved
: ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 47 , 2007
Exhibit A: Master
:ontractor/Services
4greement
[ ]None
Date Prepared: April 10,2007
Meeting Date: June 7,2007
Resolution: 47,2007
BACKGROUND:
This item is in response to our ongoing pavement resurfacing program established by City
Council on August 15,2002 to restore the streets identified in our pavement management
report.
Ranger Construction Industries Inc. provided an estimate for the streets scheduled for the
ongoing pavement resurfacing program. The five (5) streets identified in the paving program
for resurfacing is as follows:
0 Johnson Dairy Road
0 Kew Gardens Drive
0 Avon Street
0 Cypress Street
0 Lighthouse Drive
The preliminary estimate for work l~ based on an existing contract with The ‘illage of
Wellington at a cost of $1 68,O45.00. However, staff recommends contracting for an amount
not to exceed $200,000 to allow for contingencies.
Staff anticipates holding a public workshop for residents that will be affected by the
pavement resurfacing operations during May 2007. It is anticipated that the contractor will
begin work in June 2007 and will continue for approximately 30 days.
STAFF RECOMMENDATION:
Approve Resolution 47, 2007 as presented.
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RESOLUTION 47,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR
PAVEMENT RESURFACING SERVICES IN AN AMOUNT NOT TO
EXCEED $200,000.00 WITH RANGER CONSTRUCTION
INDUSTRIES, INC. VIA AN EXISTING CONTRACT WITH THE
VILLAGE OF WELLINGTON (CONTRACT NO. 004-07);
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to conduct pavement resurfacing activities on
streets identified in the City’s pavement management plan; and
WHEREAS, Section 2-294, Code of Ordinances, permits the City to “piggyback
an agreement awarded to another governmental agency pursuant to a competitive
sealed bid; and
WHEREAS, the City desires to use the services offered by Ranger Construction
Industries, Inc. outlined in an existing contract with the Village of Wellington, Contract
No. 004-07, dated November 21, 2006; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to
award a contract to Ranger Construction Industries, Inc., a copy of which is attached
hereto as Exhibit “A.
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 use of Ranger Construction
Industries, Inc. for pavement resurfacing services in an amount not to exceed
$200,000.00, and hereby authorizes the Mayor and City Clerk to execute the contract
on behalf of the City.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: April 10, 2007
Resolution 47, 2007
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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 S U FFlC I EN CY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\piggyback agmt - ranger construction paving - reso 47 2007.doc
2
Date Prepared: April 10, 2007
Resolution 47, 2007
EXHIBIT “A”
MASTER CONTRACTOWSERVICES AGREEMENT
FOR ASPHALT MILLING AND RESURFACING
THIS AGREEMENT is made this day of ,2007, by
and between the City of Palm Beach Gardens, a municipal corporation (hereinafter
referred to as “City”), whose address is 10500 North Military Trail, Palm Beach
Gardens, Florida 3341 0, and Ranger Construction Industries, Inc., (hereinafter referred
to as “Contractor”), whose address is 101 Sansbury’s Way, West Palm Beach, Florida
3341 1.
WHEREAS, the Village of Wellington awarded a contract to the Contractor for
Asphalt Milling and Resurfacing pursuant to Bid Number 004-071RJB (“Bid). The City
is desirous of piggybacking the Bid on the same terms and conditions therein subject to
the terms and conditions set forth below; and
WHEREAS, the Contractor is desirous of allowing the City to piggyback the
Village of Wellington Bid, and the parties hereto understand that the more stringent
provisions control as it relates to any conflicts between the Bid and this Agreement or
Florida Law.
NOW, THEREFORE, in consideration of the mutual promises contained herein
and other good and valuable consideration of which the parties hereto acknowledge, the
parties agree as follows:
1. The above recitals are true and correct and are incorporated herein by
reference.
2. The Contractor shall provide to the City the contract services for Asphalt
Milling and Resurfacing as provided herein and the Bid, together with all of
the Contractor’s submittals accepted by the Village of Wellington and
responses thereto. The pricing for such services and/or materials and
supplies shall be in accordance with the accepted submittals of the
Contractor within the Bid and pursuant to the Bid or pursuant to the agreed-
upon written pricing by the parties as contained in a Work Authorization and
Notice to Proceed evidenced by the City’s Purchase Order (“PO”). Further,
the parties hereto understand that the PO shall contain the time schedule
for the work to be performed, a substantial completion and final completion
date(s), and liquidated damages. The parties hereto shall also specify in
the PO a payment and retainage schedule with agreed-upon terms and
conditions for all such matters, including, but not limited to, punch list and
hold back for punch list and retainage. Regardless of the foregoing, said
information may be contained in a separate Notice to Proceed. The
Contractor, by executing this Agreement, agrees to all the City’s retainage
requirements, including such hold backs as determined by the City. The
Contractor agrees that time is of the essence.
3.
4.
5.
6.
The contract amount that the City is permitted to spend in connection with
this Agreement with the Contractor is delineated on Exhibit “A,” attached
hereto and by this reference incorporated herein, or as provided in Section 2
above, as the case may be. The parties hereto understand that the City has
budgeted this amount for said project(s). Nothing herein, however, shall
prevent the City from seeking a budget amendment should it require
additional sums of money for its project(s) due to change orders approved in
writing pursuant to the City’s purchasing and procurement policies,
practices, and procedures. All purchases pursuant to this Agreement shall
be done in accordance with the City’s Purchasing and Procurement
procedures and all applicable laws. All purchases shall be evidenced by
such approved purchase orders.
The Contractor shall provide to the City all services, materials, and products
pursuant to the Bid and this Agreement. All prices for the items and work
herein shall be in accordance with the Bid and this Agreement and any
discount prices provided for therein. All purchases shall be evidenced by a
purchase order from the City. The parties hereto understand that payment
and performance bonds may be needed from the Contractor for projects in
accordance with Section 255.05, Florida Statutes, and the City’s Purchasing
and Procurement policies and procedures and state law. The Contractor
agrees not to perform any work without the bonds required and insurance
required by the City.
The Contractor shall maintain general liability insurance, workers’
compensation insurance, business automobile liability insurance (owned
vehicles and non-owned vehicles), builders risk insurance, products
completed insurance, and other such insurance requested by the City’s
Department of Risk Management and with such limits and deductibles as
the City deems necessary as it relates to this Agreement. Prior to
commencing any work required hereunder, the Contractor shall provide to
the City all such insurance coverage that the City has requested and as
contained herein and in the Bid.
The City shall require the Contractor to provide payment and performance
bonds for such work that it performs pursuant to this Agreement in
accordance with Florida law. Should the City require such bonds, it shall
notify the Contractor, unless otherwise provided above, prior to
commencement of any work required herein, and no work shall commence
until the City has received and approved such bonds. The amount of such
bonds and form of such bonds shall be determined by the City and shall be
in conformance with all applicable Florida laws. All bonds shall be for 100%
of the value of the work, products, and materials, including all change
orders.
2
7. The Contractor agrees, warrants, covenants, and represents that all
products, materials, and work that it shall perform pursuant to this
Agreement and the Bid, including any work done by its subcontractors,
materialmen, and suppliers, shall be free from all defects and done in a
workmanlike manner. The Contractor warrants the merchantability and
fitness of the products, materials, and services as contemplated in this
Agreement and the Bid for the City’s intended use. The Contractor agrees
to warrant the products, materials, and work for a period of one year from
the date of acceptance of the products, materials, and work by the City or
for such warranty period as provided in the Bid, whichever is greater. The
Contractor shall, prior to any payments being made pursuant to this
Agreement, provide release of liens in such form and such amount as the
City specifies in approved draw schedule(s). All lien releases shall conform
with the Florida Mechanic’s Lien Law F.S. 713.01 et. seq. and F.S. 255.01
et. seq. Further, upon completion of the work by the Contractor, the
Contractor shall provide the City with a Contractor’s Final Affidavit pursuant
to the statutes referenced above and Florida Law and as reasonably
determined by the City, together with final lien releases from all parties’ work
for or under the Contractor regardless of privity.
8. The Contractor agrees to supply the City with adequate personnel to
provide timely completion of all projects and support contemplated by this
Agreement and the Bid. The parties hereto understand that time is of the
essence. The Contractor agrees to complete the work within the time
provided in accordance with its Notice to Proceed issued by the City
pursuant to the POINotice to Proceed. If the Contractor fails to timely
complete such work within the time provided, such failure shall be cause for
default, and the City may seek all damages in law and/or equity. The
Contractor agrees to designate Beatriz Ramirez as the Contractor’s project
representative to the City in connection with this Agreement. The City
agrees to designate Prince Alexander as its project representative pursuant
to this Agreement. The parties hereto reserve the right to change project
representatives on an as-needed basis.
9. The Contractor agrees to indemnify and hold harmless the City, its officers,
and employees from any and all liabilities, damages, losses, suits, actions,
claims, and/or matters, including costs and reasonable attorney’s fees, to
the extent caused by the negligence, gross negligence, or intentionally
wrongful conduct of the Contractor and any other persons or entities
employed or utilized by the Contractor in performance of this Agreement or
with regard to any actions as it relates to a breach of this Agreement or the
Bid. In addition, the parties hereto agree that 1% of the total compensation
to be paid to the Contractor for performance of this Agreement shall
represent the specific consideration for the Contractor‘s indemnification of
the City as set forth in this section of this Agreement. This indemnification is
in addition to any other indemnification as contained in the Bid. To the
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fullest extent permitted by laws and regulations, the Contractor shall
indemnify and hold the City and their consultants, agents, and employees
harmless from and against all claims, damages, losses, and expenses,
direct, indirect, or consequential (including, but not limited to, fees and
charges of attorney and other professionals and court costs) arising out of
or resulting from the performance of the work, provided that any such
claims, damage, loss, or expense is (a) attributable to bodily injury,
sickness, disease, or death, or to injury to or destruction of tangible
property, including the loss of use resulting there from, and (b) caused in
whole or in part by any willful or negligent or gross negligent act or omission
of the Contractor, any subcontractor, any person, or organization directly or
indirectly employed by any of them to perform or furnish any of the work or
anyone for whose acts any of them may be liable, regardless of whether or
not it is caused in part by a party indemnified hereunder or arises by or is
imposed by law and regulation regardless of the negligence of any such
party. To the extent permitted by law, in any and all claims against the City
or any of its consultants, agents, or employees by any employee of the
Contractor, any subcontractor, any person, or organization directly or
indirectly employed by any of them to perform or furnish any of the work or
anyone for whose acts any of them may be liable, the indemnification
obligation herein shall not be limited in any way by any limitation on the
amount or type of damages, compensation, or benefits payable by or for the
Contractor or any such subcontractor or other person or organization under
workers’ or workman’s compensation acts, disability benefits acts, or other
employee benefits acts. It is the specific intent of the parties hereto that the
foregoing indemnification complies with and is subject to Section 725.06,
Florida Statutes, if applicable. The indemnification herein is limited to the
greater of the Contractor’s insurance coverage or Five Million Dollars
($5,000,000.00), whichever is greater. Further, the indemnification herein
covers any action arising out of contract as well as tort.
10. In performance of its obligations hereunder, the Contractor agrees to
comply with all applicable federal, state, and local laws, rules, regulations,
orders, codes, ordinances, criteria, standards, guidelines, and directives.
11. The City reserves the right in its sole discretion to accept the use of a
subcontractor or to reject the selection of a particular subcontractor. If a
subcontractor fails to perform as determined by the City in accordance with
this Agreement and it is necessary to replace the subcontractor in order to
provide services as required, the Contractor shall promptly do so, subject to
acceptance of the new subcontractor by the City.
12. The parties to this Agreement understand that the City is a tax-exempt
organization; nothing herein, however, shall exempt the Contractor from
paying all of its taxes pursuant to this Agreement.
4
13. This Agreement may be terminated by the Contractor upon thirty (30) days’
prior written notice to the City in the event of a material breach of contract
by the City to perform in accordance with the terms of this Agreement
through no fault of the Contractor. This Agreement may be terminated by
the City, with or without cause, upon thirty (30) days’ prior written notice to
the Contractor. Unless the Contractor is in breach of this Agreement, the
Contractor shall be paid for services rendered to the City’s satisfaction up to
the date of termination. After receipt of a termination notice, and except as
otherwise directed by the City, the Contractor shall stop work on the date
specified.
14. Neither the City nor the Contractor shall be considered to be in default of
this Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the nonperforming party could not avoid. The term
“Uncontrollable Forces” shall mean any event that results in the prevention
or delay of performance by a party of its obligations under this Agreement
and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storms, lightning,
epidemic, war, riots, civil disturbance, sabotage, and governmental actions.
Neither party shall, however, be excused from performance if
nonperformance is due to forces which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of
this Agreement.
15. This Agreement shall be construed in accordance with the laws of the State
of Florida. Should any dispute arise from this Agreement, venue shall lie in
Palm Beach County, Florida.
16. This Agreement shall not be construed against the party who drafted the
same as all parties to this Agreement have had legal and business experts
review the adequacy of the same.
17. This Agreement is binding upon the parties hereto, their heirs, successors,
and assigns.
18. The Contractor warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender,
age, or national origin.
5
19. A waiver by either the City or the Contractor of any breach of this
Agreement shall not be binding upon the waiving party unless such waiver
is in writing. In the event of a written waiver, such a waiver shall not affect
the waiving party’s rights with respect to any other or further breach. The
making or acceptance of a payment by either party with knowledge of the
existence of a default or breach shall not operate or be construed to operate
as a waiver or any subsequent default or breach. The parties hereto
understand that there shall be no oral waivers. Further, a written waiver in
part shall not constitute a waiver of any other part of this Agreement.
20. The invalidity, illegality, or unenforceability of any provision of this
Agreement or the occurrence of any event rending any portion or provision
of this Agreement void shall in no way affect the validity or enforceability of
any other portion or provision of the Agreement. Any void provision shall be
deemed severed from the Agreement, and the balance of the Agreement
shall be construed and enforced as if the Agreement did not contain the
particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent the entire
Agreement from being void should a provision, which is of the essence of
the Agreement, be determined to be void.
21. The City and the Contractor agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or
understandings other than those stated herein. This Agreement supersedes
all prior agreements, contracts, proposals, representations, negotiations,
letters, or other communications between the City and the Contractor
pertaining to this Agreement, whether written or oral. None of the
provisions, terms, and conditions contained in the Agreement may be added
to, modified, superseded, or otherwise altered, except by written instrument
executed by the parties hereto.
22. This Agreement may not be modified unless such modifications are
evidenced in writing, signed by both the City and the Contractor. Such
modifications shall be in the form of a written amendment executed by both
parties.
23. Any notice, demand, communication, or request required or permitted
hereunder shall be in writing and delivered in person or sent by certified
mail, postage prepaid, or express delivery service with confirmation, as
follows:
6
As to the City: As to the Contractor:
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Attn: Prince Alexander
Ranger Construction, Inc.
101 Sansbury’s Way
West Palm Beach, FL 3341 1
Attn: Beatriz Ramirez
Notices shall be effective when sent to the addresses as specified above as
provided herein. Changes in respective addresses to which such notice is
to be directed may be made from time to time by either party by written
notice to the other party. Facsimile transmission is acceptable notice
effective when sent with a printed confirmation of receipt of the same;
however, facsimile transmissions received (i.e., printed) after 5 p.m. or on
weekends or holidays will be deemed sent on the next business day. The
original of the notice must additionally be mailed certified mail return receipt
requested. All mail shall be deemed received upon five (5) business days.
The parties may also use overnight delivery services such as Federal
Express; however, all such services must have confirmation of delivery.
Notice shall be deemed effective under this type of service when received.
Nothing contained in this Section shall be construed to restrict the
transmission of routine communications between representatives of the City
and the Contractor.
(The remainder of this page left intentionally blank)
7
IN WITNESS WHEREOF, the City and the Contractor executed this Agreement
as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
ine P. Tatum, City Att6rney
WITNESSES: RANGER CONSTRUCTION, INC
I. kiMt ihmm Miguel G.
vice President
2. (Corporate Seal)
G:\attorney-shareMGREEMENTS\piggyback - paving - Ranger agreernent.doc
8
EXHIBIT “A”
I-ZI~ r.uwu r-mu it I -IYV\K*U I uu : 14~ PW nannr canu t ruc t I on I naua t r I a9 , I nc . bB1=7uU-48%Z
1
QUOTATION REQUEST
Submitted To: Ci of Palm Wach Oardens
3704 Burns Road
Palm Beach Gardens, F L 3341 0
Contact: Prfccb Alexander
central ohridan
101 sansbury'rr ww
West Palm Beach, FL 33411 Phut8: ($61) 79M400 Fw: (681) it004332
Date: 21-Mar47
Phone: (661) 804-7023
Fax: (Sal) 775-8278
JO~ Name:
Job Location: Palm &each Gardens
Prop. Owned By:
Resurfacing at Clty of Palm Baa&
Gardens
RESURFACING AT PALM BEACH GARDENS
AVON ST., CYPRESS ST., JOHNDON DAIRY RD., WH'IIIOUSE DR., KRN 8ARDeNS AVR
lmllh DESCRlPTlON
80
90 Portable milling machine
100 Broom Tractor
JOHNSON DIARY RE).
ACSC Type &ill p200-800 Tan)
1 IO
120 Portable mllllng machine
130 Bmm Tractor
ACSC Type s-lll(~800 Tan)
268.00 TN $96.00 $24,226.00
8.00 HR $240.00 $1,920.00
1.00 DY $61 0.00 $61 0.00
1,003.00 TN $90.00 W0,270.00
8.00 HR $240.00 $1,920.00
1.00 DY $elO.Oo ~10.90
SUBTOTAL I sose40.q
TOTAL IT
Q!!&€L
1) Asphalt. prices basad on Vilta$a of Wlllngton Annual Asphait rssurfaoing contract.
2) Quantities binsed on preliminary lnlbrmatlon, billing baaed on final quantitida verified ftom plant weight tid(6f8,
3) Asphalt quantlty based on an averqp ykld of 120 lbley of I" laydown.
4) This quobtion does not include permanent Stdping.
"Portable milling machine" and "Bmorn Tractor" I
ACCEPTED:
IhoaPovopnoor,y4a#lsbknwonckarrrr*lrrraaywrrev
Buyer -
Slgnature
I Date Accepted
for milling at Ti in$, and at wnmM drim& -
CONFIRMED:
hgor Corutructfon Indwtfim, Inn
Authorired
Slgnature
Name & Title 6eatrk Ramirez, Estimator
~age2of2
2144AR-07 00:84AM FROM- Ranrer Conotruction Induutriru, Inc. 881 -790-4882 T-217 P.08/03 F-883
QUOTATfON REQUEST
SwRrnMed To: City of Palm Beach Gardens
Addmse: 3704 Bums Road
Palm Beach Gardens, FL 33410
Contaat: Price Alexander
cwltml Dhridon
101 Sansbury's way West Palm Beach, FL 3341 1
Phons: (567) 1783-8400
Fa: (581) 790-4332
Dab: 2l-Mar-07
Phone: (561) 804-7023
Fax: (561) 775-8279
Job Name:
Job Locatlon: Palm Beach Garclans
Pmp. Owned By:
Resurfacing at City of Palm Beach
Qarrdms
RESURFACING AT PALM BEACH GARDENS
AWN ST., CYPRESS ST., JOHNDON DAIRY RD., LIGHTHOUSE DR, KEW OARDENS AVE.
ITEM No. QESCRIPnO~
AVQN ST. la ACSC Type S-lll(<SO Ton)
CYPRESS $7.
20 ACSC Type S-lll(*200-800 Ton)
30 Portable milling machine
40 Broom Trrtctar
SO
60
70 Broom TmWr
ACSC Type &I11 (>WQQ Ton)
Mill existing asphalt pvrnt(4,000 SY)
Manhole adjurtment
Adjurt valve box&mfsc&trwcturas
42.00 TN $105,00 $4,410.00
SUBTOTAL 1 $4410.061
268.00 TN $96.00 $2iilao.ao
8.00 HR $240.00 $1,020,00
1.00 DY $610.00 $810.0
SUf3TOTAL Iyflrq
76.00 TN $106.00 $7,98Q.00
1.00 DY $7,500.00 $7,soo.oo i.oa DY $610.00 $81 0.00
EA 8198.00
EM w.ofJ
Pagelof2
82/21/2U87 12: 51 5b1-753-2548 v1LLP1k.k WtLLlNblUN
WITATION TO BID
T~c Village of Wellington Council is aooepting scald bids for 1
&ggrfacinrr Contract and all necessary appurtenances such as finishing all materids, labor, equipmcni
and supplies.
All Bids must be reoeived, one (1) original and five (5) comploto copies, at the address below ia the
DrchssinP Denam ent. no later than December 12.2006 at $30 aq., at which time all Bids wiU bc
publicly opened and mad. Receipt of a response by any Village Office, Receptionist, or personnel dol
than the Purchasing Department does not constitute "receipt" as required by thia soliaitation. The
Purchasing the stamp shall be conclusive as to the timeliness of receipt.
Bid Doouments may be obtained on Bovember 13,2006 at the address below or by calling Robert Bruno
at 561-7914783, upon payment of $25.00, which mount will not be refhdcd. The money order Q
certified check should be made payable to the Village of Wellington. Bid documents will not be issued
unless thc reqwt is received at least 24 hours prior to the opening of the Bids.
Optional he-Bid Meeting to be held on December 6.2006 at ,2245 in the FOC Annex Conf erence
.at 14000 Greenbriar BI Vd.
Selection Committee will be held on December 19.2006 at j0:OO a.m, at whioh time the bidder will be
seleoted.
Bid Sccurity in the amount often perccnt (10%) of the Bid pust acwmpany each Bid in accord with the
Iaastnrction to for Bidders.
The Conmctor shall perform, with his organization, not less than 50% of thc total contraut amount, lcsa
specialty work.
All Bids should be sealed when submitted and be delivered or mailed to
Village of Wellington
hrchasing Department
14000 Greenbriar Boulevard
WelIington, FL 33414
FNWLOPE MUST BE sl)EN'I(1[IFIED AS SEALED BID &&!!@&!!&&!!
"he VILLAGE reserves the right to accept or rejeot any M all Bids (in whole or in part) with or without
cause, to waive technicalities, irregularities or informalities, or to accept bids which in its judgement bust
serve the Village.
VLLAOE OF WELLINGTON
Publish: Palm Beach Post ' .cxWomt M-657448
Novcmbw 12,2006
Village Councll Regular MeetingJanuary 9,2067 Page 515 of 566 '
7. N
WELLINGTON VILLAGE COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM NAME: Award Bid to Ranger Construction Industries, Inc. for Annual Asphatt Millins
and Resurfadng Contract.
ACTlON REQUESTED: Dlscussion 0
BUDGET AMENDMENT
REQUIRED: Yes CJ Nom SeeBelowa
PUBUCHUIRING: Yesu No
FIRSTREADING 0
SECOND READING [3
REQUEST: Award the "Annual Contract for Asphalt Milling and. Resurfacing", Bid # 004471R18
Ranger Construction Industries, Inc, for various asphalt and milling resurfacing projects that a
scheduled to take place throughout the Village. Funds are budgeted for these projects within road CIP and various department projects that may be needed during the term of the contract.
U(PLANATI0N: The bid was let on Novembr 13,2006 wlth formal notice being broadcast to 353
vendors by Demandstar, the Village's bld notification service. Four (4) contractors obtained bld
dwuments resulting in three (3) bids being submitted:
Ranger Constructbn
Cammuntty Asphalt Carp.
Hardriveg, lnc.
On December 19, 2006 the Selection Committee Gonsisting of Gary Clough, Paul DeBernardo,
and Dennis Flaherty convened to review, evaluate and score the bid submittals. After reviewing ell
three submittals, and wm\ the best interest of the Village In mind, the Selection Cornmibe
mcammended that the award be made to Ranger Construction Industriers, inc. as being the most
nsive, responsible bid. The ranking by the Selection Committee was:
Ranger Construction 262 points
Community Asphatt Cop. 242 points
Hardrfves, Inca 231 points
In additJon, the Selection Commitke recommended that the Village utilize Palm Beach County's
Asphatt Milling and Resurfacing Contract that was approved by the Board of County
Commissioners at the November 21,2006 rneatlng. The recommended awarded contractor is atso
Ranger Construction Industries, Inc,
0
Par the Selectlon Committee's recommendation, Purchasing contacted Ranger Construdkm
Indusbier, IN. to verify if Renger Construction Industries Inc. would honor the same pricing
structure that was offered to Palm Beach County for Asphalt Mllling and Resurfacing, Mr. Michael
Correa, Vice Pwsident of Rsnger Construction industries Inc. informed the Pur~hasing
Department that they could not honor the contract w@ng of Palm Beach County.
FISCAL IMPACT The intent of this award is to establish untt prices for asphait milling and
vesurfacing pmje~ts on an as-needed basis. Funding wlll dome from established and wlll not exceed budgeted amounts within the CIP (Pedestrian Paths and Roadway Overlay FY 20W2007
budgeted amount of $462,500 plus carryfarward amount from 2005/2006 of $1 13,900 for a total of
$576,400) or operating budgets (these costs include unforeseen projects such as cutting open
streets for utility repalrs, broken Ilnes, potholes and other contingencies).
RECOMMENDATION: Staff recommends award of the Annual Asphalt Milling and Resurfacing
Contract, Bld # 004-07/RJB to Ranger Construction Industries, Inc. upon appropriatlon of funding,
and cantingent upon legal approval as presented and any renewals themafter.
BID FORM
ONE (1) ORIGINAL AND FIVE (5) COPIES OF BID FORM MUST BE SUBMITTEP
PROECX': Annual AsDbnlt an d Rwurlrelae Contract Date: &C@ mbee i.2J 2006
BrDDER: %N6FR CW5TU-UC~O~ INU~rn&5 INC
THIS BID IS SUBM"Ml3D To:
The Village of Wellington
Pwcbasimg Department
14000 Greenbriar Blvd.
Wellington, FL 33414
1. The undersigned BIDDER proposca and agrees, if this Bid is accepted, to enter into en Agrwmnt wil
OWNER in tho form included in the Contract Docmnts to @nn end Wsb all Work as pilied c
iadicated h the Contract Documents for the Coatrrct Price and within the Contract TtnC indicated h W6 Bi
and in accordance with the other tcxms and conditions of the Contract Documents.
2. BIDDER acccpta ell of the terms and conditions of rho Advcdsement 01 Invitation to Bid and hkuctions t
Bidders, including without limitation those dealing with thc disposition of Bid security, thie Bid Will remai
mbjk to acwptance for a days after the day of Bid opening. BIDDER dl sign and submit tbc A.8mamsl
With the Bo& and other documants rcq~cd by thc Biddb ReqWemts within l2 days after the date c
OWNER'S Nodce of Award.
3. In eubmitting this Bid, BIDDBR represents, as more fully set forth in the Agreement, that:
(a) BIDDER has examincd copies of all. the Bidding Documcnts and of the following Addenda (receipt-of al
which is hereby acknowlcdgcd):
Addendahmber ONF A
Addenda Number d T 0 (Z
Datc&C@ b@ 12- Zmb
Dare Addenda Number Da*&m bat.. IC2006
@) BIDDBR has familiarized itself with the nature and axtcnt of the Conmrct DowmcntS, Work, db, localit)
ond all local. conditioos. Laws, and RegdHtions that in any MIMQ my affect .cost., progross, -e, a
rutnlehiq of the Work.
(c) BIDDER bas studied ooreblly all reports and drawi~gs of subsurface conditions and drawiage of physice
coditions which arc identified in the Section 01OOO: Genom1 Requirema as provided in Puagrmph 4.02 o
thc Oencral Conditiom, and ncctpta &e dctenninaxion set forth in Saction 01000: Ckd Roquimmcnt~ of th
axtoat of tho trrchnical data contained h such reports and drams upon which BIDDER is cntl'tled to dy.
(d) BIDDER has obtained and carehlly studied (OF assumc9 responsibility for obtaining md cuetWl!
studying) all such examinations, investigations, explorations, testa and studies (in addition to or to supplomen
those referred to in (e) rbovc) which pcrbin to the subswfacc or physical cowlitions at the site or othcxwh
may affect tho cost, pmgrss, perfbmncc or furnishing of the Work as BDDBR considers necessary for thc
perfonaadcb or furnishing of tbe Work at the Contract Price, within the Contract The and in atmrdanw wid
tzlc other terms and conditions of the Cunmct DocIuments, including specifically the provisiops of P-1
4.02 of Ihe General Conditiom; and M additional examinations, investigations, explm~om, testa, raportr o
similar information or data we or will be required by BIDDER for such purpoaas.
(e) BIDDER has reviewed and chcckcd all information and data shown or indicated on the Controcr
Documents with respect b existing Underground Ftcilitias at or contiguous to thc site and usurndl
responsibility for the accurate location of said Underground Facilities. No additional ccxrPain8tions
Bib FORM
00300-1
305 - f 3.3-L3+ts VILLnUC WCLLllYH I UIY I- nul OL/ LL/ LUW l IL; 35
,/"
investigrtions, ~xplontions, tests, repoxts or similar information or data in respect of said Undorgrom
Facilities arc or will be required by BIDDER in ordar to pcrfom md furnish the Work at the Contract pric
witbin the conffect Time md in accdc with the other tern and conditions of the Conbact Docum~nl including rpcciiically the provisions af Paragraph 4.04 of thc General Couditions.
(f) BIDDER has corrclated the reuutta of all such obsoniationrc, cxdations, invsstigntions, bxplodoa
tests, reports, and studiea with the terms and conditions of the Contract Documents.
(9) BIDDER has given ENGINEER written noticc of all conflicts, errors or discrepancies tbat it has discovert
in the Contract Documents and the written resolution thereof by BNGMEER is acceptable to BIDDER.
(h) This Bid is genuine apd not made in the interest of or on b8Mf of any undisclosed paon, flrns
corporation ad is not submitted in conformity with any agreement or NICS of any group, pseociario,
orgulization or corporation; BIDDER has not directly or indirectly induced or solicited any otha Bidder 1
submit a false or ~hhm Bid; BIDDER has not solicited or induced any person, fzrm or corporation to rcfiai
from bidding; and BIDDER has not sought by collusion to obtain for itself any advanmge over any othc
Biddcr or over OWNER.
4. BIDDER agrees to perfarm all the Work dcscribcd in Contract Docmnts, subject to adjustments as provid:
therein, for &e Prices BIDDER provides on &e Unit Price Schedule (Pap 00300..5).
BIDDER declares it unbtands that the Ubit quantities shown on tho Bid Form Unit Price Schcdulo p1
approximate only urd not guambcd and we subject to either increase or dccrcasc; and that rhoadd t)
quandties of any of the itam of Work be irrcrcased, the BDDDER agrees to do the additional Work at tbc w
prim sct out herein, and should tbc quantities be decreased, BIDDER also &tan& that fi-1 paymer
shall be &de on aotual quantities completed at the unit prices, and shall make no claims for anticipated pfi
for any decrease b thE quantities.
5.
6. The BIDDER furrthcr declares its understands the OWNER may elect to construct only P portion of the WOI
covd by tbese Doous~antn and BIDDER agrees to porfonn that portion of the Work for wbich BIDDER
awarded a Cantract at the unit prices quoted herein.
8, Thc following documwtts are attached to add made a condition of this Bid
(a) Required Bid sccurity in thc fonn ofw Band.
(3) Schodulc of Valw.
(c) 'We space lcfi intentionally bl@.
(d) Thi8 space left intcrltionally blank.
(e) (List other documents as pertincut).
10. The knas used in &is Bid which are dcfmcd in the General Conditions of the Consbnrction Contract include
as port of tho Contract Documents have the meanings assigned to them in thc Qmd conditions.
1 1. BIDDER'S Florida Contractor's Lime No. c 6 C 0 I 9 4 I 6
UZ/Zl/%llkll 12:51 5b1-f53-2548 VlLLAkk WtLLlNkilUN rhtit
rp
,/
//
12. BIDDER covcfl(u1~ that it is qualified to do business in rhc State of Florida and has attached evidence a
BIDDER'S qualification to do businas in the State of Florida, or if no: attached, BIDDER covmmta to &mi
sucb evidence within five days of roqucst by OWNER to provide cvidcncc.
If BIDDER is
An Individual
Name (SEAL)
Doing business as
Busin~s Address:-
signature:
..
Phone Number: Fax Number
' Finn's Namc (SEAL)
Genera! Plrtnex Sigmtqc:
Business Address:,
Page 1 of2
/'
SCHEDULE QF VALUES
r
Page 2 of 2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 1,2007
Meeting Date: June 7,2007
Resolution 49, 2007
SubjectlAgenda Item: Approve a Contract Award to Ahrens Companies, in the amount of
$15 1,576.00, Bid No. 2007-002, for the construction of a pre-engineered metal building to be used as
a vehicle service area for the Fleet Maintenance division of Public Works.
[XI Recommendation to APPROVE
LI Recommendation to DENY i Reviewed by: i City Attorney
Finance Ad trator &
- Administrator
City danahr
Originating Dept.:
Jennifer Gorman
Construction Services
Advertised: NIA
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ x ] Not required
Costs:$l51,576
(Total)
Costs: $1 51,576
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
00 1 .3030.539.6900
Council Action:
[ ]Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 49, 2007
0 Exhibit A: ITB Bid No.
0 Exhibit B: Bid
2007-002
response from
Ahrens Companies
0 Exhibit C: Ahrens
Companies Contract
[ ]None
Date Prepared: May 1,2007
Meeting Date: June 7,2007
Resolution 49,2007
BACKGROUND:
The City of Palm Beach Gardens Fire and Emergency Medical Service vehicles are
maintained by the city’s fleet maintenance division within the Public Works Department.
The fleet maintenance division currently performs maintenance and service on these
vehicles in an aluminum pole barn, which is open on all sides. This requires the Emergency
Vehicle Technicians to conduct maintenance and service in an area exposed to the
weather elements and intrusion of dust, dirt, wind, rain, heat and humidity, which can cause
further damage to vehicles.
In order to improve work area conditions, the aluminum pole barn needs to be replaced by
constructing a permanent insulated metal building with garage doors that can be closed
when necessary. The fire and emergency vehicle maintenance operation will remain at the
Public Works department under the City’s Fleet division as a Firel EMS fleet repair unit.
This facility will be staffed by the Fire Fleet Supervisor and five certified Emergency Vehicle
Technicians to perform the repairs.
The City’s Fleet Maintenance division has performed maintenance and repair of the Fire
and Emergency Medical Services vehicles for over two years. Once the new facility is in
place, the Fleet division will continue to develop their maintenance program and further
reduce the cost of outside maintenance services.
Staff developed an Invitation to Bid to furnish and build a pre-engineered metal building.
The Invitation to Bid was advertised on February 18,2007 and February 25,2007 with the
bid opening taking place on March 16,2007. The City received a total of three responsive
bids as follows:
1. Ahrens Companies $1 51,576
2. West Construction $1 58,270
3. J.F. Houston, Inc. $229,251
The bids were carefully reviewed by staff and a contract award to Ahrens Companies is
recommended at this time. If awarded, construction is anticipated to begin June 2007.
Funding for this project has been allocated from the General Fund.
The construction and equipment cost of the new facility will be $151,576. The future
funding for maintenance and operation of this facility will be provided through an internal
service fleet fund that is funded by each department’s general operating budget.
STAFF RECOMMENDATION: Approve Resolution 49, 2007 as presented.
1
2
3
4
5
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RESOLUTION 49,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A CONTRACT AWARD
TO AHRENS COMPANIES FOR THE CONSTRUCTION OF A PRE-
ENGINEERED METAL BUILDING FOR THE PURPOSE OF
SERVICING CITY VEHICLES AT THE PUBLIC WORKS FACILITY;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SUCH CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City wishes to have a pre-engineered metal building
constructed, which will be used as a vehicle service area for the Fleet Maintenance
Division of the Public Works Department; and
WHEREAS, the City issued Invitation to Bid No. 2007-002 for the construction of
a pre-engineered metal building at the Public Works facility, which is attached hereto as
Exhibit “A”; and
WHEREAS, the City received a quotation for such services from Ahrens
Companies in the amount of $151,576, attached hereto as Exhibit “B”; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a contract to Ahrens Companies, attached hereto as Exhibit “C”, for such services; 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 awards a contract for the construction of a
pre-engineered metal building to Ahrens Companies, authorizes the Mayor and City
Clerk to execute such contract, and authorizes the City Manager to execute any future
renewal Addenda.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: May 1, 2007
Date Prepared: May 1, 2007
Resolution 49, 2007
1 PASSED AND ADOPTED this day of , 2007.
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CITY OF PALM BEACH GARDENS, FLORIDA
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BY:
Joseph R. Russo, Mayor
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18 LEGAL SUFFICIENCY
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Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
Christine P. Tatum, City Attorney
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VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR LEVY ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONS\Ahrens Companies -reso 49 2007.doc
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Date Prepared: May 1, 2007
Resolution 47, 2007
EXHIBIT “A”
INVITATION TO BID
FURNISH AND BUILD A PRE-ENGINEERED METAL
BUILDING
ITB # 2007-002
February 15,2007
CITY OF PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA
3341 0
1
THE CITY OF PALM BEACH GARDENS
INVITATION TO BID #2007-002
FURNISH AND BUILD A PRE-ENGINEERED METAL BUILDING
The City Council of the City of Palm Beach Gardens is accepting sealed Bids for the following:
FURNISH AND BUILD A PRE-ENGINEERED METAL BUILDING
All Bid Envelopes, one (1) oriainal and three (3) copies, must be received at the address below in the
Clerk’s Office, no later than Fridav, March 16, 2007, at 2:OO @m., at which time all Bid Envelopes will be
publicly opened and read. Receipt of a response by any City office, receptionist, or personnel other than the
City Clerk’s Office does not constitute “receipt“ as required by this solicitation. The City Clerk’s time stamp
shall be conclusive as to the timeliness of receipt.
Bid documents may be obtained at the address below or by calling the City Clerk’s Office at (561) 799-4121.
Bid documents will not be issued by the City Clerk’s Office unless the request is received at least 24 hours
prior to the opening of the Bids. Bid documents can be downloaded from the City’s website link at:
www.pbnfl.COm/bUSineSS/~D/~R.aSR.
All Bid documents are to be separately sealed when submitted and be delivered or mailed to:
The City of Palm Beach Gardens
City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, FL 33410
On the envelope or box containinq the Bid documents shall be written in larqe letters:
ITB # 2007-002 TO FURNISH AND BUILD A PRE-ENGINEERED METAL BUILDING
To Be Opened: Friday, March 16,2007, at 2 p.m.
The City of Palm Beach Gardens reserves the right to accept or reject any or all Bids, in whole or in part,
with or without cause, to waive any informalities and technicalities, and to award the Contract on such
coverage and terms it deems will best serve the interests of the City. Criteria utilized by the City of Palm
Beach Gardens for determining the most responsible Bidder includes, but is not limited to, cost, whether the
Bidder meets the City of Palm Beach Gardens’ published specifications, the Bidder’s experience, skill,
ability, financial capacity, and any other factors which could reasonably be asserted as being relevant to
successful performance. Bidders should anticipate the City may negotiate some or all of the components of
a submittal package with one or more of the Bidders in order to obtain the best value of services and
products offered.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC
City Clerk
Publish: The Palm Beach Post
Sunday, February 18,2007
Sunday, February 25,2007
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FURNISH AND BUILD A PRE-ENGINEERED METAL BUILDING
Bid # 2007-002 Dated: February 15, 2007
1 .O GENERAL CONDITIONS
1 .I
1.2
1.3
SEALED BIDS:
Original copy of Bid Form, as well as any other pertinent documents, must be
returned in order for the Bid to be considered for award. All Bids are subject to
the conditions specified herein and on the attached Special Conditions,
Specifications and Bid Form.
The completed Bid must be submitted in a sealed envelope clearly marked with
the Bid title and number to the City Clerk at 10500 N. Military Trail, Palm Beach
Gardens, Florida 33410 and no later than 2:OO nm., Friday, March 16,2007.
EXECUTION OF BID:
The Bid must contain a manual signature of an authorized representative in the
space provided on the Bid Form. Failure to properly sign the Bid shall invalidate
same, and it shall NOT be considered for award. All Bids must be completed in
pen or be typewritten. No erasures are permitted. If a correction is necessary,
draw a single line through the entered figure and enter the corrected figure above
it. Corrections must be initialed by the person signing the Bid. Any illegible
entries, pencil Bids, or corrections not initialed will not be tabulated. The original
Bid conditions and specifications CANNOT be changed or altered in any way
after submitted to the City.
PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and
extended total, when requested. Prices must be stated in units of quantity
specified in the Bid specifications. In case of discrepancy in computing the
amount of the Bid, the UNIT PRICE quoted will govern. All prices must be F.O.B.
City of Palm Beach Gardens, freight prepaid, and installed. All discounts are to
be included in bid unit price. Award, if made, will be in accordance with terms
and conditions stated herein. Each item must be proposed separately, and no
attempt is to be made to tie any item or items in with any other item or items.
Cash or quantity discounts offered will not be a consideration in determination of
award of Bid(s). All prices quoted shall be guaranteed for 60 days from Bid date
unless otherwise specified in Special Conditions.
1.3.1
1.3.2
1.3.3
TAXES:
The City is exempt from all Federal Excise and State taxes. The
applicable tax exemption number is shown on the Purchase Order.
MISTAKES:
Bidders are expected to examine the specifications, delivery schedules,
Bid prices and extensions, and all instructions pertaining to supplies and
services. Failure to do so will be at the Bidder’s risk.
UNDERWRITERS’ LABORATORIES:
Unless otherwise stipulated in the Bid, all manufactured items and
fabricated assemblies shall be U.L. listed or re-examination listing where
such has been established by U.L. for the item(s) offered and furnished.
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1.3.4 BID CONDITIONS:
The City reserves the right to waive irregularities in Bids or to reject all
Bids or any part of any Bid deemed necessary for the best interest of the
City.
1.4 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Any service offered and
or product not conforming to specifications may be rejected and at Bidder’s
expense. Any increase in cost may be charged against the Bidder. Any violation
of these stipulations may also result in the Bidder’s name being removed from
the vendor list.
1.5 JOB COMPLETION:
Unless the actual date of final completion is specified (or if specified delivery
cannot be met), show the number of days (in calendar days) required to make
job completion after receipt of the Notice to ProceedNVork Authorization and/or
Purchase Order in the space provided. Job completion time or schedule may
become a basis for making an award. Delivery of services and products shall be
within the normal working hours of the City, Monday through Friday, excluding
holidays.
1.6 INTERPRETATIONS:
Unless otherwise stated in the Bid, any questions concerning conditions and
specifications should be submitted in writing to Arthur DeRostaing, Purchasing
Agent, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410,
aderostainq@DbqfI.com, (fax) 561-799-41 34.
1.7 AWARDS:
The City reserves the right to reject all Bids or any portion of any Bid deemed
necessary for the best interest of the City; to accept any item or group of items;
and to acquire additional quantities at prices quoted on the Bid Form, unless
additional quantities are not acceptable, in which case the Bid Form must be
noted “BID IS FOR SPECIFIED QUANTITY ONLY”. All awards made as a result
of this Bid shall conform to applicable Florida Statutes.
1.8 BID OPENING:
Bids shall be opened and publicly read in the Citv of Palm Beach Gardens, City
Council Chambers, 10500 N. Militarv Trail, Palm Beach Gardens, Florida
33410 on the date and at the time specified on the Bid Form. All Bids received
after that time shall be returned, unopened.
1.9 INSPECTION, ACCEPTANCE, and TITLE:
Inspection and acceptance will be destination unless otherwise provided. Title
tolor risk of loss or damage to all services shall be the responsibility of the
successful Bidder until acceptance by the City. If the materials and services
furnished to the City are found to be defective or do not conform to specifications,
the City reserves the right to cancel the order upon written notice to the
SelledBidder at own expense.
1.10 PAYMENT:
Payment will be made by the City after the services and or products awarded to a
Bidder have been received, inspected, and found to comply with award
specifications, be free of damage or defect, and properly invoiced on a monthly
basis.
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1 .I 1 DISPUTES:
Any actual or prospective Bidder, Bidders, Offeror, or Contractor who is
aggrieved in connection with a solicitation or award of a Bid or Contract may avail
themselves of the City’s purchasing procedures to resolve disputed matters or
complaints.
The City Clerk or designate shall post a tabulation of the Bid results with intended
award recommendations. Posting shall be in the office of the City Clerk and shall
be on display for public viewing. All Bidders, Offerors, or Contractors affected by
the proposed award of contract will also be notified of the intended award by the
City’s Purchasing Agent at the time of posting, via telefax or other means.
Any actual or prospective Bidders, Bidder, Offeror, or Contractor who is
aggrieved in connection with the solicitation or award of contract may file a
written protest to the City Clerk. Protestors shall file their written protests with the
City Clerk, Monday through Friday, between the hours of 8:OO a.m. and 5:OO p.m.
Protests shall contain the name, address, and phone number of the petitioner,
name of petitioner’s representative (if applicable), the name and bid number of
the solicitation. The protest shall specifically describe the subject matter, facts
giving rise to the protest, and also the action requested from the City.
The written protest must be received no later than 72 consecutive hours
(excluding Saturdays, Sundays, and legal holidays) from the time of initial
posting. Failure to file a timely formal written protest within the time period
specified shall constitute a waiver by the vendor of all rights of protest under this
Bid/Proposal Protest Procedure.
In the event of a timely protest, the City shall not proceed further with the
solicitation or with the award of the BidIContract until all administrative remedies
have been exhausted or until the City Manager determines that the award of the
Bid/Contract without delay is necessary to protect the public health, welfare, or
safety.
1.12 LEGAL REQUIREMENTS:
Federal, State, County, and City laws, ordinances, rules, codes, guidelines,
directives, and regulations, that in any manner affect the items covered herein
apply. Lack of knowledge by the Bidders will in no way be a cause for relief from
responsibility.
1.13 INDEMNIFICATION:
The parties agree that 1% of the total compensation paid to the Bidder for the
performance of this Agreement shall represent the specific consideration for the
Bidder’s indemnification of the City as set forth in this Section and in the Terms
and Conditions.
To the fullest extent permitted by Laws and Regulations, Bidder shall indemnify
and hold harmless the City and their consultants, agents, and employees from
and against all claims, damages, losses, and expenses, direct, indirect, or
consequential (including, but not limited to, fees and charges of attorneys and
other professionals and court and arbitration costs) arising out of or resulting
from the performance of the work, provided that any such claim, damage, loss, or
expense (a) is attributable to bodily injury, sickness, disease, or death, or to
injury to or destruction of tangible property (other than the work itself), including
the loss of use resulting there from; and (b) is caused in whole or in part by any
willful or negligent or gross negligent acts or omissions of Bidder, any
subcontractor, any person or organization directly or indirectly employed by any
of them to perform or furnish any of the work and or products, or anyone for
whose acts any of them may be liable, regardless of whether or not it is
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caused in part by a party indemnified hereunder or arises by or is imposed
by Law and Regulations regardless of the negligence of any such party.
In any and all claims against the City or any of their consultants, agents, or
employees by any employee of Bidder, any Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish
any of the work or anyone for whose acts any of them may be liable, the
indemnification obligation under the above paragraph shall not be limited in any
way by any limitation on the amount or type of damages, compensation or
benefits payable by or for Bidder or any such Subcontractor or other person or
organization under workers’ compensation acts, disability benefit acts, or other
employee benefit acts.
It is the specific intent of the parties hereto that the foregoing indemnification
complies with Section 725.06 Florida Statute (Chapter 725). It is further the
specific intent and agreement of the parties that all of the Contract Documents on
this project are hereby amended to include the foregoing indemnification and the
“Specific Consideration” therefore.
The official title of the City is “The City of Palm Beach Gardens”. This official title
shall be used in all insurance or other legal documentation. The City of Palm
Beach Gardens is to be included as an “Additional Insured” with respect to
liability arising out of operations performed for the City by or on behalf of the
Bidder or acts or omissions of the Bidder in connection with such operation.
1 .I4 PATENTS & ROYALTIES:
The Bidder, without exception, shall indemnify and save harmless the City and its
employees from liability of any nature or kind, including cost and expenses for, or
on account of, any copyrighted, patented, or unpatented invention, process, or
article manufactured or used in the performance of the contract, including its use
by the City. If the Bidder uses any design, device, or materials covered by
letters, patent, or copyright, it is mutually understood and agreed, without
exception, that the Bid prices shall include all royalties or cost arising from the
use of such design, device, or materials in any way involved in the work.
1.15 OSHA:
The Bidder warrants that the product and services supplied to the City of Palm
Beach Gardens, Florida shall conform in all respects to the standards set forth in
the Occupational Safety and Health Act of 1970, as amended, and the failure to
comply with this condition will be considered as a breach of contract. Any fines
levied because of inadequacies to comply with these requirements shall be borne
solely by the Bidder responsible for same.
1 .I6 SAFETY PRECAUTIONS:
The Bidder shall, if required, maintain suitable and sufficient guards and barriers,
and at night, suitable and sufficient lighting for the prevention of accidents and
all safety standards required by Municipal, County, State, and Federal laws,
rules, regulations, codes, ordinances, directives, guidelines, and laws shall be
strictly met by the Bidder.
1.17 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall
have precedence.
1 .I 8 QUALITY:
All materials and equipment used in performance of this Bid award shall be new
or in proper working condition. The items bid must be at the highest grade of
workmanship.
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1.19
1.20
1.21
1.22
LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where Bidders are required to enter or go onto City property to deliver goods,
materials, or perform work or services as a result of a Bid award, the successful
Bidder will assume the full duty, obligation, and expense of obtaining all
necessary licenses, permits, and insurance and assure all work complies with all
state, federal and local and Palm Beach County and City laws, rules regulations,
codes, ordinances, directives, and guidelines. The Bidder shall be liable for any
damages or loss to the City occasioned by negligence, gross negligence, willful
and wanton acts of the Bidder (or agent) or any person the Bidder has
designated in the completion of the contract as a result of the Bid.
PAYMENT AND PERFORMANCE BOND I CERTIFICATES OF INSURANCE:
After acceptance of the Bid, the City will notify the successful Bidder to submit a
100% payment and performance bond pursuant to F.S. 255.05 on a per job basis
and certificate(s) of insurance in the amount specified in Section 2.17 under
Special Conditions. Please provide a sample copy of your current certificate of
insurance coverage with your Bid submittal package.
DEFAULTlFAlLURE TO PERFORM:
The City shall be the sole judge of nonperformance, which shall include any
failure on the part of the successful Bidder to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time
stipulated.
Upon default by the successful Bidder to meet any terms of this Agreement, the
City will notify the Bidder three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the successful Bidder’s part to correct the default
within the required three (3) days shall result in the contract being terminated.
The City will notify the successful Bidder, in writing, of its intention and the
effective date of the termination. The following shall constitute default:
A) Failure to perform the work required under the contract and/or within the time
required or failing to use the subcontractors, entities, and personnel as
identified and set forth and to the degree specified in the contract.
B) Failure to begin the work under this contract within the time specified.
C) Failure to perform the work with sufficient workers and equipment or with
sufficient materials to ensure timely completion.
D) Neglecting or refusing to remove materials or perform new work where prior
work has been rejected as nonconforming with the terms of the contract.
E) Becoming insolvent, being declared bankrupt, or committing act of
bankruptcy or insolvency, or making an assignment renders the successful
Bidder incapable of performing the work in accordance with and as required
by the contract.
F) Failure to comply with any of the terms of the contract in any material
respect.
G) Failure to comply with the terms of this Bid, including, but not limited to, the
Special Conditions.
In the event of default of a contract, the successful Bidder shall pay all attorney’s
fees and court costs incurred in collecting any damages. The successful Bidder
shall pay the City for any and all costs incurred in ensuring the completion of the
project.
CANCELLATION:
The City reserves the right to cancel this Contract by written notice to the Bidder
effective the date specified in the notice, and the following will apply:
A) The Bidder is determined by the City to be in breach of any of the terms and
conditions of the contract and/or to have failed to perform his/her/its services
1.23
1.24
1.25
1.26
1.27
1.28
in a manner satisfactory to the City. In the event the Bidder is found to be in
default, the Bidder will be paid for all labor and materials furnished as of the
termination date which are in conformance with this Bid. No consideration will
be given for anticipated loss of revenue or the canceled portions of the
contract.
B) The City has determined that such cancellation will be in the best interest of
the City to cancel the contract for its own convenience.
C) Funds are not available to cover the cost of the services. The City’s
obligation is contingent upon the availability of appropriate funds. These
conditions are in addition to any found in the contract with the successful
vendor.
BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and
shall be submitted in DUPLICATE to Accounts Payable, 10500 N. Military Trail,
Palm Beach Gardens. Florida 3341 0.
FACILITIES:
The City reserves the right to inspect the Bidder’s facilities and / or equipment at
any time with prior notice.
BID TABU LATlO NS :
Bidders desiring a copy of the Bid tabulation may request same by enclosing a
self-addressed, stamped envelope with the Bid.
APPLICABLE LAW AND VENUE:
The laws of the State of Florida shall govern the contract between the City and
the successful Bidder and any action shall be brought in Palm Beach County,
Florida. In the event of litigation to settle issues arising hereunder, the prevailing
party in such litigation shall be entitled to recover against the other party its costs
and expenses, including reasonable attorney’s fees, which shall include any fees
and costs attributable to appellate proceedings arising on and of such litigation.
CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Invitation for Bid is in
doubt as to the true meaning of the specifications or other Bid documents or any
part thereof, the Bidder must submit to the Purchasing Agent, at least three (3)
calendar days prior to scheduled Bid opening, a request for clarification. All such
requests for clarification must be made in writing, and the person submitting the
request will be responsible for its timely delivery.
Any interpretation of the Bid, if made, will be made only by Addendum duly
issued by the City’s Purchasing Agent. The City shall issue an Informational
Addendum if clarification or minimal changes are required. The City shall issue a
Formal Addendum if substantial changes which impact the technical submission
of Bids are required. A copy of such Addendum will be sent to each Bidder
receiving the Invitation for Bid. In the event of conflict with the original Bid
Documents, the Addendum shall govern all other Bid and Contract Documents to
the extent specified. Subsequent Addenda shall govern over prior Addenda only
to the extent specified.
AWARD OF CONTRACT:
A) A contract may be awarded to the lowest responsive, responsible Bidder(s)
whose Bid(s), conforming to the Invitation for Bid, is most advantageous to
the City. The lowest responsive, responsible Bidder(s) will be determined in
conjunction with the method of award which is described in the Special
Conditions. Tie Bids will be decided as described herein.
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B) The City shall award a contract to a Bidder through action taken by the City
Council or the City Manager.
C) The General Terms and Conditions, the Special Conditions, the Technical
Specification, and the Bidder’s Bid are collectively an integral part of the
contract between the City and the successful Bidder.
D) While the City may determine to award a contract to a Bidder(s) under this
Request for Bid, said award may be conditional on the subsequent
submission of other documents as specified in the Special Conditions. The
Bidder shall be in default of any conditional award if any of these documents
are not submitted in a timely manner and in the form required by the City. If
the Bidder is in default, the City, through its Purchasing Agent, will void its
acceptance of the Bidder’s offer and may determine to select the second
lowest responsive, responsible Bidder or re-solicit Bids. The City may, at its
sole option, seek monetary restitution from the defaulting Bidder as a result
of damages or excess costs sustained and/or may prohibit the Bidder from
submitting future Bids for a period of one year.
E) The City reserves the right to exercise the option to renew a term contract of
any successful Bidder(s) to a subsequent optional period; provided that such
option is stipulated in the Special Conditions and is contained in any contract
ultimately awarded in regard to this Bid.
F) The City reserves the right to automatically extend any contract for a
maximum period not to exceed ninety (90) calendar days in order to furnish
City departments with continual service and supplies while a new contract is
being solicited, evaluated and/or awarded, provided this is expressly made a
part of any contract awarded in regard to this Bid.
1.29 ASSIGNMENT:
The Bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any
contract, including any or all of its right, title, or interest therein, or his/her/its
power to execute such contract to any person, company or corporation without
prior written consent of the City.
1.30 LAWS, PERMITS, AND REGULATIONS:
The Bidder shall obtain and pay for all licenses, permits and inspection fees
required for this project and shall comply with all laws, ordinances, regulations,
and building code requirements applicable to the work contemplated herein.
1.31 OPTIONAL CONTRACT USAGE:
Other State agencies, and/or Governmental Entities in the State of Florida may
purchase from the resulting contract. Bidders shall sell these commodities or
services to the other State agencies and/or Governmental Entities in the State of
Florida at the agencies’ and/or entities’ option.
1.32 SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this Bid from
the selected Bidder. However, items that are to be “Spot Market Purchased”
may be purchased by other methods, Le., Federal, State, or local contracts.
1.33 PUBLIC ENTITY CRIMES:
As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who
has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a Bid on a contract to furnish any goods or services
to a public entity; may not submit a Bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit Bids on
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leases of real property to a public entity; may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any
public entity.
1.34 CONFLICT OF INTEREST AND CODE OF ETHICS:
The award is subject to provisions of State Statutes and City policies. All Bidders
must disclose with their Bid the name of any officer, director, or agent who is also
an employee of the City. Further, all Bidders must disclose the name of any City
employee who owns, directly or indirectly, an interest of 5% or more in the
Bidder's firm or any of its branches.
If any Bidder violates or is a party to a violation of the Code of Ethics of the State
of Florida with respect to this Bid, such Bidder may be disqualified from
performing the work described in this Bid or from furnishing the goods or services
for which the Bid is submitted, and shall be further disqualified from bidding on
any future Bids for work or for goods or services for the City. A copy of the State
Ethics Codes is available on line at http://www.flsenate.nov.
1.35 NON-COLLUSION:
Bidder certifies that this offer is made without prior understanding, agreement, or
connection with any corporation, entity, firm, or person submitting an offer for the
same materials, services, supplies, or equipment and is in all respects fair and
without collusion or fraud.
No premiums, rebates or gratuities are permitted, either with, prior to, or after any
delivery of material or provision of services. Any violation of this provision may
result in the Contract cancellation, return of materials or discontinuation of
services, and the possible removal from the vendor Bid list(s).
1.36 FLORIDA PUBLIC RECORDS ACT:
All material submitted regarding this Bid becomes the property of the City. Bids
may be reviewed by any person ten (10) days after the public opening. Bidders
should take special note of this as it relates to any proprietary information that
might be included in their Offer/Bid.
Any resulting contract may be reviewed by any person after the contract has
been executed by the City. The City has the right to use any or all
information/material submitted in response to this Bid andlor any resulting
contract from same. Disqualification of a Bidder does not eliminate this right.
1.37 TIED BIDSIDRUG-FREE WORKPLACE PROGRAMS:
In the event of an identical tied Bid or Proposal, preference will be given to local
vendors. If none of the vendors are local, preference shall be given to the
business submitting proof of Drug-Free Work Place (DFW) programs. A public
drawing of lots or the flip of a coin as determined by the City will be held in the
event all apply.
1.38 NO DAMAGES FOR DELAY:
NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN
EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE CITY
BY REASON OF ANY DELAYS. Contractor shall be entitled in an increase in
the Contract sum or payment or compensation of any kind from CitylOwner for
direct, indirect, consequential, impact or other costs, expenses, or damages,
including, but not limited to, costs of acceleration or inefficiency, arising because
of delay, disruption, interference, or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or
10
unreasonable, or avoidable or unavoidable. Contractor shall be entitled only to
extensions of the contract time as the sole and exclusive remedy for such
resulting delays, in accordance with and to the extent specifically provided
herein.
1.39 SUBCONTRACTORS:
In the event awarded contractor requires the services of any subcontractor or
professional associate in connection with the work to be performed under this
Contract, the Contractor shall secure the written approval of the City’s Project
Manager before engaging such subcontractor or professional associate.
2.0 SPECIAL CONDITIONS
2.1
2.2
2.3
2.4
2.5
2.6
PURPOSE:
The purpose of this Invitation to Bid is to establish a contract to furnish and build
a pre-engineered metal building.
TERM OF CONTRACT:
This contract shall commence on the issuance of the “Work Authorization I
Notice to Proceed” by the Project Manager and shall run for 180 days to
substantial completion and 200 days to final completion.
METHOD OF AWARD:
Award of this contract may be made to the lowest responsive, responsible Bidder
whose submittal is the most advantageous to the City.
PAYMENT:
Payment will be made upon receipt and acceptance of the built pre-engineered
metal building. No down or partial down payments will be made.
The bid price must include all freight charges prepaid to the City of Palm Beach
Gardens and its various jobsites.
SCHEDULED SERVICES:
If the successful Bidder fails to furnish materials and services within the specified
time frame, it is understood that $100.00 per calendar day, per field, will be
deducted from the payment as liquidated damages for each day beyond the
specified monthly time frame. The Bidder acknowledges that the Liquidated
Damages are not a Penalty as damages can’t be readily determined. The
Liquidated Damages shall be in addition to any other damages that the City may
have.
Time is of the essence with regard to every term, condition, and provision set
forth in this Agreement. Time periods herein of less than six (6) days shall, in the
computation, exclude Saturdays, Sundays, and state or national legal holidays,
and any time period provided herein which shall end on Saturday, Sunday, or a
legal holiday shall extend to 5:OO p.m. of the next business day.
PRICES SHALL BE FIXED AND FIRM FOR THE TERM OF THE CONTRACT:
If the Bidder is awarded a contract under this solicitation, the prices quoted by
the Bidder on the Bid Form shall remain fixed and firm during the initial term of
the contract; provided, however, that the Bidder may offer incentive discounts
from the fixed price to the City at any time during any contractual term. Price
increases during renewal term periods are subject to mutual agreement by the
contractor and the City of Palm Beach Gardens.
11
2.7
2.8
2.9
2.10
2.1 1
2.1 2
2.13
2.14
2.15
CONTACT PERSON:
For any additional information regarding the specifications and requirements of
this Bid, contact Arthur DeRostaing, Purchasing Agent, 10500 N. Military Trail,
Palm Beach Gardens, Florida 3341 0, aderostainq@pbqfl.com; (fax) 561-799-
4134.
BID CLARIFICATION:
Any questions or clarifications concerning this Bid shall be submitted in writing by
mail, email, or facsimile to Arthur DeRostaing, Purchasing Agent, 10500 N.
Military Trail, Palm Beach Gardens, Florida 3341 0, aderostainq@pbqfl.com, (fax)
561-799-41 34. The Bid title/number shall be referenced on all correspondence.
All questions must be received no later than three (3) calendar days prior to the
scheduled bid opening date. All responses to questions/clarifications will be sent
to all prospective Bidders in the form of an addendum. NO QUESTIONS WILL
BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
LIQUIDATED DAMAGES:
See above - Section 2.5
BUILDING INSTALLATION EQUIPMENT INFORMATION:
All Bidders must submit supplemental equipment listing and/or specification
information on the equipment to be utilized in furnishing the installation services
on this ITB. Failure to submit such information will result in rejection of the Bid.
BID SUBMITTAL:
All Bids submitted shall include the completed Bid Form and all required product
information and any other items as indicated on the Bid Form. Bids will be
considered "Non-Responsive" if the required information is not submitted by the
date and time specified.
Before submitting a Bid, each Bidder shall make all investigations and
examinations necessary to ascertain if any addenda were issued by the City
Clerk's Office.
LATE BIDS:
The City cannot be responsible for Bids received after opening time and
encourages early submittal.
EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall
reference the section. Any exceptions to the General or Special Conditions shall
be cause for the Bid to be considered non-responsive.
COMPLETE INFORMATION REQUIRED ON BID FORM:
All Bids must be submitted on the attached Bid Form and all blanks filled in. To
be considered a valid responsive bid, the one (1) original and three (3) copies of
the Bid Form pages must be returned, properly completed, and in a sealed
envelope as outlined in the first paragraph of the General Conditions.
NO SUBSTITUTIONS:
After the City has evaluated the Bids, the Bidder offering the best value may be
required to demonstrate pre-engineered metal building installation capabilities
which have been bid for evaluation by and at no cost to the City. The purpose of
the demonstration is to observe in the installation of a pre-engineered metal
building to verify bidder's capability, suitability, and adaptability vis-a-vis the
performance requirements stipulated in the Bid response. If a demonstration is
rewired, the City will notify the Bidder of such in writing and will specify the date,
time, and location of the demonstration. If the Bidder fails to perform the
12
2.16
2.17
2.1 8
demonstration on the date stipulated in the notice, the City may elect to reject the
Bidder’s submittaVproposa1 or to re-schedule the demonstration, whichever is in
the City’s best interest. The City shall be the sole judge of the acceptability of the
pre-engineered metal building, and the installation thereof, is in conformance with
the specifications, and its decision shall be final.
ACCEPTANCE:
Final acceptance and authorization of payment shall be given only after a
thorough inspection indicates that the built pre-engineered metal building has
met contract specifications and conditions. The performance results will be
inspected and accepted by Todd Engle, Construction Services Director,
Community Services Department. The workmanship must be in conformance
with the contractual specifications and that the service equipment and labor
exhibit a level of quality and appearance consistent with or exceeding industry
standards.
INSURANCE:
Bidders must submit with their submittal package proof of insurance meeting
or exceeding the following requirements, or a letter of intent to provide the
following requirements if awarded the contract:
Workers’ Compensation Insurance - as required by law.
The City of Palm Beach Gardens will not accept filed certificates of
exemption forms for Workers’ Compensation Insurance.
Employer’s Liability Insurance - $1,000,000 per occurrence, $1,000,000
disease policy limit, and $1,000,000 disease each employee.
General Liabilitv Insurance - $2,000,000 general aggregate, $500,000 per
person, $1,000,000 each occurrence, and $1,000,000 per accident for bodily
injury.
Automobile Liabilitv Insurance for owned vehicles, non-owned vehicles &
hired vehicles - $1,000,000 annual aggregate, $1,000,000 per occurrence,
$1,000,000 per accident for bodily injury, and $1,000,000 per accident for
property damage.
Builders Risk Insurance in an amount not less than THE REPLACEMENT
COST for the construction of the work. Coverage shall be “All Risk”
coverage for 100% of the completed value with a deductible of not more than
$10,000.00 per claim.
Contractor shall maintain the Products/Completed Operations Liability Insurance
for a period of at least two 3 years after final payment for the Work and furnish
the City with the evidence of continuation of such insurance at final payment and
one (1) year thereafter.
The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the minimum
rating of A or better, in accordance with the latest edition of A.M. Best‘s
Insurance Guide.
The successful Bidder must submit, no later than ten (10) days after award and
prior to commencement of any work, a Certificate of Insurance naming the City of
Palm Beach Gardens as an additional insured.
REFERENCES:
Each bid submittal must be accompanied with a minimum of four (4) references
that involved the commercial installation of Pre-engineered metal building, which
shall include the name of company and/or governmental entitv. a contact person
and telephone number. Local references are preferred, as the City reserves the
right to visit each reference submitted. It is the responsibility of the Bidder to
13
2.19
ascertain that the contact person will be responsive.
Additionally include a list of any oendinn lenal litiqation and claims.
NO BID WILL BE CONSIDERED WITHOUT THIS LIST.
PAYMENT AND PERFORMANCE BOND I CERTIFICATES OF INSURANCE:
After acceptance of the Bid, the City will notify the successful Bidder to submit a
100% payment and performance bond pursuant to F.S. 255.05 on a per job basis
and certificate(s) of insurance in the amount specified in Section 2.17 under
Special Conditions. Please provide a sample copy of your current certificate of
insurance coverage with your Bid submittal package.
3 .O SPEC I FIC ATlONS
PURPOSE:
The intent of these specifications is to furnish and install a pre-engineered metal
building. The Contractor awarded this contract shall understand and be
responsible for providing the appropriate equipment and labor that will perform
the removal and installation requirements.
The City of Palm Beach Gardens will only accept the pre-engineered metal
building installed as detailed in the specifications that are agreed to in the
awarded contract.
PRE-ENGINEERED METAL BUILDING SPECIFICATIONS:
The City of Palm Beach Gardens is soliciting Bids to furnish and build a pre-
engineered metal building in accordance with the following specifications:
SCOPE OF WORK:
The Contractor shall furnish all design specifications, calculations, and
construction drawings, labor, materials, supplies, supervision, tools, equipment,
transportation, and other hardwarekupplies necessary to furnish and install a
new Pre-engineered Metal Building in accordance with bid specifications. It shall
be the resoonsibilitv of the Bidder to review site conditions along with Bid
documents to determine those materials and work that are necessary to
complete the proiect. All partskervices not specifically mentioned that are
necessary to complete the projects shall be incorporated into the bid pricing and
conform in strength and quality of material and workmanship per the
manufacturer’s specifications. Omission of any essential detail from these
specifications does not relieve the Bidder from providing complete, in-place built
pre-engineered metal building.
Jobsite Location:
City of Palm Beach Gardens
Public Works Complex
3704 Burns Road
Palm Beach Gardens, Florida 33410
See attached Exhibit “A”
CONTRACTOFWENDOR’S RESPONSIBILITY:
A) Ensure that the Pre-engineered Metal Building is structurally sound and
installed in place. The construction details not specified shall be performed in
keeping with good standard delivery, unloading, installing and construction
practices.
14
B) Deliver New Materials, Supplies, or Equipment: Unless otherwise specified, all
materials, supplies, or equipment offered by a Bidder shall be new, unused, of
recent manufacture, first-class in every respect, and suitable for their intended
purpose. All materials supplied and utilized for this project must meet and/or
exceed federal, state, county, and local guidelines. A manufacturer’s certification
that the material was produced in accordance with specifications shall be
furnished.
C) Meet local codes and licensing requirements. All permits and related fees are
the responsibility of the contractor, The contractor and all subcontractors must be
licensed and registered as applicable to perform the work required by this project
and in good standing with the City of Palm Beach Gardens Building Department.
The successful Contractor shall furnish the City with a list of all subcontractors
performina work on this proiect. No subcontractor shall be employed by the
Contractor for the provision of these services without the written approval of the
City.
D) Be responsible for the determination of accurate measurements, the extent of
work to be performed, and the conditions surrounding the performance thereof.
Submission of a bid shall constitute acknowledgment by the Bidder that he/she/it
is familiar with all such conditions. The failure or neglect of a Bidder to be familiar
with the site of the proposed work shall in no way relieve himlherlit from any
obligations with respect to his/her/its Bid. Before bidding on any work, dependent
upon the data involved, the Contractor shall field check and verify all dimensions,
grades, lines, levels, or other conditions of limitations at the site to avoid
construction errors. If any work is performed by the contractor or any of his/her/its
sub-contractors prior to adequate verification or applicable data, any resultant
extra cost for adjustment of work as required conforming to existing limitations
shall be assumed by the Contractor without reimbursement or compensation by
the City of Palm Beach Gardens.
E) Be responsible for obtaining the location of any underground utilities from the
appropriate utility and shall be responsible for the protection of such utilities
during subsurface investigation.
F) Notify the City of the work schedule so that inspections by City personnel at
various phases of the work may be conducted. Contractor shall not proceed with
the next phase of work until the preceding phase has been fully approved to the
satisfaction of the City.
G) Be regularly engaged in the business as described in this bid package. The
contractor must have a good record of performance, sufficient financial support,
equipment, and organization to ensure that he/she/it can satisfactorily execute
the service.
H) Have no viable claims pending regarding negligent acts or defective
workmanship on previously-performed or current projects.
I) Submit a list of at least four (4) references for similar projects completed within
the State of Florida. The list shall contain entity name, address, and contact
person and contact telephone number.
J) Furnish the City with copies of the manufacturer’s specifications and
installation instructions of materials used on the job site. All work performed must
meet currently-adopted City of Palm Beach Gardens codes, manufacturer’s
recommended installation requirements and bid document specifications. In case
of conflict, the more stringent shall apply.
15
K) Coordinate scheduling of the work with all other trades to allow the most
satisfactory installation.
Note: The City of Palm Beach Gardens shall, throughout the life of the contract,
have the right of reasonable rejection and approval of staff or subcontractors
assigned to the work by the contractor. If the City reasonably rejects staff or
subcontractors, the Contractor must furnish replacement staff or subcontractors
satisfactory to the City in a timely manner and at no additional cost to the City.
The day-to-day supervision and control of the employees and subcontractors is
the sole responsibility of the Contractor.
3.5 SAFETY I SITE MAINTENANCE:
A) The Contractor shall maintain adequate protection of all hislherlits work from
damage and shall protect the City’s and adjacent property from injury or loss
arising from this contract. Helshelit shall furnish and maintain at all times any
danger signs, guards, and/or obstructions necessary to protect the public and
hislherlits workers from any dangers inherent with or created by the work in
progress. Helshelit shall hold the City harmless from any loss arising due to
injury or accident to the public or his/her/its workers, or from theft of materials
stored at the job site.
B) The Contractor shall take all necessary precautions for the safety of, and shall
furnish all necessary protection to prevent damage, injury, or loss to:
1. All employees on the work site and all other persons who may be affected
thereby.
2. All the work, materials, and equipment to be incorporated therein, whether in
storage on or off the site.
3. All other property neighboring the jobsite or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures, and utilities not
designated for removal, relocation, or replacement in the course of the work that
may be affected thereby.
C) The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, guidelines, directives, and others of any public authority having
jurisdiction for the safety of persons or property or to protect them from damage,
injury or loss. He/she/it shall erect and maintain, as required by existing
conditions and progress of the work, all necessary safeguards for safety and
protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations, and notifying owners and users of adjacent
utilities. The Contractor shall comply with OSHA’s Hazard Communication
Standards.
D) Site Maintenance:
1. Before starting any work, the Contractor shall protect all grounds, paving, and
exterior of all buildings where work will be performed.
2. In those areas where materials will be transported, a protective covering shall
be placed to protect surrounding areas from being soiled or stained. This
coverage shall be extensive enough to assure that surrounding areas do not
become stained or soiled during roofing operations.
3. Any areas of the building or grounds that have become stained or damaged
in any way shall be repaired or replaced by the Contractor prior to the final
inspections. The method of repair used must be acceptable to the City.
4. The Contractor shall remove all debris and keep the premises free from
rubbish at all times and shall arrange his/her/its material storage so as not to
interfere with the City’s operations. At the completion of the job, all the
unused material and rubbish shall be removed from the site. The ground
shall be raked clean and the proposed site shall be broom cleaned. If the
Contractor refuses at any time to remove his/her/its debris from the premises
16
or to keep the working area clean, such cleaning will be completed by the
City and deducted from the balance due the Contractor.
5. All materials shall be stored and protected against weather, vandalism, and
theft. Any materials found to be damaged or missing shall be replaced by the
Contractor at no cost to the City.
6. Any lawns damaged by the Contractor’s vehicles will be restored at the
Contractor’s expense. Any damaged pavements will likewise be restored and
at the Contractor‘s expense.
7. The City Representative will examine the work in progress, as well as upon
completion, in order to ascertain the extent to which the materials and
procedures conform to the requirements of these specifications and to the
published instructions of the Manufacturer. In the event that such core cuts
disclose any deficiency in materials or soundness of construction, the
Contractor shall, at his/her/its own expense, apply additional materials or
otherwise correct the deficiencies to the satisfaction of the City’s
Representative.
8. At the conclusion of the project, the successful bidder shall be responsible for
clean-up at the site, including removal of debris and excess construction
materials, and a thorough cleaning of all areas that were affected by the work
of the successful bidder or hislherlits subcontractors to the satisfaction of the
City of Palm Beach Gardens.
9. The City shall require release of liens at such intervals during the project in
conformance with 713.01 et. seq., and 255.05, and upon final completion of
the project, a Contractor’s Final Affidavit with supporting releases of liens
from all subcontractors, materialmen, and suppliers evidencing and attesting
that all parties performing work or services under this BidlRFP have been
paid in full and that there are no liens or claims for any work or supplies and/
or materials relating to this project. The City of Palm Beach Gardens shall
determine the adequacy of such affidavit and releases of liens as required
herein before final payment or any payment shall be made during and after
the progress of the work.
3.6 TIME OF PERFORMANCE:
Time is of the essence in completing this project, and failure to complete it within
the time period shall be considered a default. All work will commence upon
authorization from the City’s Representative and specified in the “Work
Authorization / Notice to Proceed” form. The following is the schedule of work:
A) The successful bidder shall be provided weekend and after-hours access to
the site if necessary or desired to complete the project, weather permitting;
however, no additional sums shall be paid other than that specified in the bid
response. The City of Palm Beach Gardens Noise Ordinance must be complied
with throughout the project.
6) The Contractor is responsible for supplying trained workers in proper numbers
and for scheduling and laying out his/her/its workers so that it will be started and
completed in a professional manner.
C) If the Contractor sets equipment onto the jobsite without commencing work
immediately, the action will be considered “Spiking The Job” which is
unacceptable and will be considered a breach of contract by the Contractor;
therefore, the contract will be terminated, and the Contractor, at no cost to the
City, must remove his/her/its equipment and possessions from the jobsite upon
notification by the City.
D) Coordination of permits, labor, materials, and installation under this bid must
be scheduled so the project can be completed within the time stated herein. The
Contractor agrees that all work shall be performed regularly, diligently, and
uninterrupted at such a rate of progress as will ensure full completion as
specified in the Contractor’s bid. This amount is the minimum to complete all
remedial work, correct deficient work, clean up the project, and other
17
3.7
miscellaneous tasks as required to complete all work specified. In case of
default, the City may procure the required services from other sources and hold
the Contractor responsible for any excess costs incurred.
E) No forfeiture due to delay shall be made because of any delays in the
completion of the work due to unforeseeable causes beyond the control and
without the fault of negligence of the Contractor (including, but not restricted to,
Acts of God or the public enemy, acts of the government, acts of the City, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and
unusually severe weather or delays of subcontractors due to such causes or
delays caused by the failure of the City or the owner of a utility to provide for
removal or relocation of existing utility facilities). Any such delays shall not entitle
the Contractor to any additional compensation. The sole remedy of the
Contractor shall be an extension of time obtained in accordance with this section.
F) The Contractor shall, within five (5) days from the beginning of any such delay,
submit to the City a Contract Change Order Request Form explaining the cause
of delay, whereupon the City shall ascertain the facts and extent of delay and
extend the time for completing the work if, in the City’s judgment, the findings of
fact justify extension, and the City’s decision thereon shall be final and
conclusive.
WARRANTY:
A) The successful Contractor shall warranty his/her/its parts and labor for a
minimum of one (1) year after acceptance of the work by the City of Palm Beach
Gardens. During this warranty period, all costs for repairs shall be borne by the
Contractor.
B) If the City deems it unacceptable to have the Contractor correct the work that
has been incorrectly done, a deduction from the contract price shall be agreed
upon therefore. Such a deduction from the contract price shall in no way affect
the Contractor‘s responsibility for the defects which may occur, or his/her/its
ability for correcting them, and the damage caused by them.
C) Supplies or services furnished as a result of this bid shall be covered by the
most favorable commercial warranties, expressed or implied, that the bidder
and/or manufacturer gives to any customer. The rights and remedies furnished
herein are in addition to and do not limit any rights afforded to the City of Palm
Beach Gardens by any other clause of this bid. Any applicable written warranty
from the product manufacturer and/or representative company shall commence
from the date of completion and acceptance by the City.
3.8 ORDER, DELIVERY, HANDLING, AND STORAGE:
A) Orders for items/services listed in this bid will be accomplished by an
executed signed purchase order from the City of Palm Beach Gardens Finance
Department.
B) Deliver all materials and store in their unopened original packaging, bearing
the manufacturer’s name, related standards, and any other specification or
reference accepted as standard.
C) Items supplied under this Contract shall be subject to the City‘s approval.
Items found defective or not meeting Specifications shall be picked up and
replaced by the successful bidder at the next service date at no expense to the
City of Palm Beach Gardens. If the item is not picked up within one (1) week after
notification, the item will become a donation to the City for disposition.
D) Inspection and acceptance will be at destination unless otherwise provided.
Title to or risk of loss or damage to all items shall be the responsibility of the
successful bidder until acceptance by the City unless loss or damage results
from negligence by the City. The City reserves the right to reject any or all
materials if, in its judgment, the items reflect unsatisfactory workmanship,
manufacturing, or shipping damages. If any product delivered/installed does not
meet applicable specifications or if the product will not produce the effect that the
Contractor represents to the City, the Contractor shall remove the product at no
18
expense to the City. The Contractor will also refund the City any costs incurred
from this process.
3.9 GENERAL SPECIFICATIONS:
Related Work - All parts of the Contract Documents relate to the Work specified
in this section.
Description of Work - Furnish and build a pre-engineered metal building for the
City of Palm Beach Gardens Public Works Department in the southwest corner of
the public works department compound west of the current facilities maintenance
building (Section 3.3 and Exhibit “A”).
Type of Building required includes the following:
e
0
Vinvl/ Enamel-coated Corrugated Metal Steel/Aluminum.
Buildinq should be desianed bv a steel buildinq manufacturinq company,
siqned and sealed bv a reaistered Engineer in the State of Florida.
e Buildinq should be approximatelv 2,675 square feet. See attached
Exhibit “B” for proposed layout.
Building should have four (4) bav doors 12’ width x 14’ heiqht and three
13) personnel doors 7’6” height‘ x 3’6” width. See attached Exhibit “B” for
proposed lavout.
Bay ceiling heiqht see attached Exhibit “C” which illustrates heiqhts for
the specified bavs. Bavs are concerned 10’ wide and run the lennth of
the buildinq,
0
e
Hours of Operation - All on-site work described in this specification must be
executed and completed within 120 calendar days of the issuance of the “Notice
to Proceed”. Working hours are restricted to weekdays from 6:OO a.m. through
4:OO p.m.
Quality Assurance - Manufacturer to furnish specifications on all material used in
the solicited project.
Installer - The construction firm must specialize in metal building construction.
The construction firm should have at least three (3) years’ experience in erecting
metal buildings similar to those required for this project.
Fire Hazard Classification - Furnish materials bearing Class “A” UL label and
marking, indicating fire hazard classification of building material.
Furnish materials with the following fire hazard classifications:
Flame spread not more than 15.
Fuel contributed no more that 0.
Smoke developed not more than 10
Test Panels - Install three (3) test panels of full usable width, including one
corner, in areas designated by the Superintendent of Facilities. Replace test
panels that are not acceptable to the Superintendent of Facilities until satisfactory
installation is achieved.
Submittal(s) of Product Data - Submit manufacturer’s technical data, testing data,
structural calculations, and installation instructions for the metal building specified
and the related installation materials.
19
Certification - Submit manufacturer’s certification that materials furnished comply
with requirements specified and all product approvals required by applicable
building codes.
Maintenance Instructions - Submit manufacturer’s printed instructions for
maintenance of installed work, including precautions for use of cleaning materials
that could damage finish of the building.
Replacement Materials - After completion of work, deliver to the Superintendent
of Facilities not less than 2% of the total linear yards of each type, color, and
pattern of the exterior wall covering installed.
Delivery and Storage - Comply with instructions and recommendations of the
manufacturer and as herein specified. Deliver materials to the project site in
original packages or containers clearly labeled to identify manufacturer, brand
name, quality or grade, and fire hazard classification. Store all materials in
original undamaged packages or containers. Do not store metal sheeting in
upright position. Owner will furnish a location for lay-down, storage, and erection
of materials needed for the metal building.
Job Conditions - Install safety barricades around the jobsite during the erection of
building.
3.10 PRODUCTS:
Building Materials - Comply with all applicable wind load standards as provided
by the Florida Building Code.
Metal Panels - Furnish a thickness of the building panels and the configuration
required to meet all applicable building codes.
Trim - Match existing trim design and color as the main Public Works Building.
Paint - Paint code to be determined by samples supplied by contractor.
Accessory Items - Adhesives furnished are to be the manufacturer’s
recommended primer and sealer, produced expressly for use with selected
building exterior or substrate as shown on drawings. Furnish materials which are
mildew resistant.
Ventilation - Shall be furnished and installed per typical standards of a Public
Works Maintenance Building / Vehicle Service Center.
Insulation - Shall be furnished and installed by the Contractor in accordance with
standards to the industry for municipal maintenance facilities on both walls and
ceilings.
Skylights - Shall be furnished and installed by the contractor to provide sufficient
ambient lighting within the building.
Overhead Doors - (4) 12’W x 14’H - Shall be steel overhead roll-up with locking
mechanisms. Submit all product approvals for selected doors.
Personnel Doors - (3) 3’6”W x 7’6”H - Shall be steel with lever handle and bolt
locking mechanism. Submit product approval for selected door.
20
3.11 EXECUTION:
Preparation - Contractor shall confirm a start date with the Facilities
Superintendent two weeks prior to commencement. The Public Works Division
will remove the two (2) trailers and any debris or material stored in the
construction area. In addition, the Contractor will be responsible for the protection
and/or covering of all permanentlfixed items in the area.
Installation - The City will provide the necessary utilities (electrical outlets, water)
on site for construction. The City will also provide rough electrical and plumbing
during the slab installation. The Contractor will coordinate with the Facilities
Superintendent for rough-in before the slab is poured. The contractor is
responsible for arranging these needs with the Facilities Superintendent.
Concrete Pad - Contractor will furnish and install foundation and foldings required
to install the specific metal building.
Dust and Clean - Contractor is to remove surplus materials, rubbish, and debris
resulting from building installation upon completion of work and leave areas of
installation in a neat and clean condition.
3.12 WARRANTY:
The Contractor shall warrant all work for a period of one (1) year after written
final acceptance by the City. All product warranty information shall be supplied to
the City upon final acceptance. The manufacturer’s warranty shall be issued to
the City of Palm Beach Gardens and all terms/conditions of the warranty shall be
disclosed at the time of bid submittal.
21
ITB #2007-002 SUBMITTAL FORM
FURNISH AND BUILD A PRE-ENGINEERED METAL BUILDING
ACKNOWLEDGMENTlSlGNATURE SECTION
To: City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
(Vendor)
Agrees to FURNISH AND BUILD A PRE-ENGINEERED METAL BUILDING as defined in this
Bid in accordance with the requirements of the Specifications and Bid Documents.
The undersigned Bidder has carefully examined the Specification requirements and
BidlContract Documents and is familiar with the nature and extent of the Work and any
local conditions that may in any manner affect the Work to be done.
The undersigned agrees to furnish and build a pre-engineered metal building called for by
the Specifications and Bid Documents, in the manner prescribed therein and to the
standards of quality and performance established by the City for the unit Bid price stated
in the spaces herein provided.
The undersigned agrees to the right of the City to hold all Bids and Bid guarantees for a
period not to exceed ninety (90) days after the date of Bid opening stated in the Request
for Bid.
The undersigned accepts the invoicing and payment policies specified in the Bid.
Upon award of this Bid, the City and Bidder each binds himself, itself, or herself, hislitslher
partners, successors, assigns, and legal representatives to the other party hereto in
respect to all covenants, agreements, and obligations contained in the Bid Documents.
The Bid Document constitutes the entire agreement between the City and Bidder and may
only be altered, amended, or repealed by a Change Order or a written amendment.
The Bidder, by signing the Bid Submittal pages, acknowledges and agrees to abide by all
the terms, conditions, and specifications contained in this Bid Document.
The bid unit prices as specified herein are to be utilized to include all combined costs for
equipment, labor, demolition costs, and materials required to perform the work specified
in this Invitation to Bid.
The Bidder, having familiarized himselflherselflitself with local conditions, nature, and
extent of work, and having examined carefully the Specifications, terms and conditions
herein, proposes to furnish all labor, materials, equipment, facilities, services, and other
items without exception, for the proper execution and completion of the contract, and if
awarded the contract, to complete the said work within the time limits as specified in Work
Authorization I Notice to Proceed for the specific lump sum bid price listed above.
Signature Section to Follow
22
Dated this day of I
(Month) (Year)
(Signature) (Print name)
Address:
Telephone: ( ) Fax:( )
Taxpayer Identification Number (TINIEIN):
State Under Which Corporation Was Chartered:
Registered with the State of Florida to business:
- Yes - Certificate #:
Corporate President:
Corporate Secretary:
Corporate Treasurer:
No (check one)
(Print Name)
(Print Name)
(Print Name)
CORPORATE SEAL
Attest By:
Secretary
Proposer acknowledges the receipt of Addenda's Number's:
LIABILITY, PARINE*
By: I
(Signature) (Print name)
Address:
~~
Telephone: ( ) Fax: ( )
Social Security Number (OR) Taxpayer Identification Number (TIN):
23
PRIMARY BID
1. Furnish and build a pre-engineered metal building as stated herein and
specifically under “Section 3.1 - 3.12 Specifications” is included:
YES NO (Check)
2. Pre-engineered Metal Building Brand:
Model Number:
3. Supporting manufacturer’s documentation / warranty detailing specifications is
included:
YES NO (Check)
4. LUMPSUM:$ FURNISH I BUILD I COMPLETE
5. Estimated number of days to final completion after issuance & receipt of
“Work Authorization / Notice to Proceed”: days.
24
REFERENCES
Bidder shall submit as a part of the bid package, four (4) job related references with name
of the business, address, contact person, and telephone number. Additionally list any
pending litigation and /or claims.
Name: Name:
Address : Address:
Telephone No.: ( ) Telephone No.: ( )
FaxNo.: ( ) FaxNo.: ( )
Contact: Contact:
E-mail: E-mail:
Name: Name:
Address: Address:
Telephone No.: ( ) Telephone No.: ( )
FaxNo.: ( ) FaxNo.: ( )
Contact: Contact:
E-mail: E-mail:
Please list any pending litigation and I or claims:
25
VENDOR SERVICE I DESIGNATED REPRESENTATIVE INFORMATION
COMPANY NAME:
CONTRACTOR LICENSE #:
REGULAR WORK HOURS:
Name:
Address:
Telephone: ( 1
AFTER WORK HOURS, WEEKEND & HOLIDAYS:
Name:
Add res :
Telephone: ( )
26
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more Bids/Proposals which are equal with respect to price, quality, and service are received by
the City for the procurement of commodities or services, a Bid/Proposal received from a business
that certifies that it has implemented a drug-free workplace program shall be given preference in
the award process. Established procedures for processing tie Bids/Proposals will be followed if
none of the tied vendors have a drug-free workplace program. In order to have a drug-free
workplace program, a business shall:
1.
2.
3.
4.
5.
6.
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
Give each employee engaged in providing the commodities or services that are under
Bid/Proposal a copy of the statement specified in subsection (1).
In the statement specified in subsection (l), notify the employees that, as a condition of
working on the commodities or services that are under Bid, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of
guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Individual / Corporation's Name
Signatu re
Print Name:
Fax #:
E-mail Address:
27
Bidder’s Check List:
YES- NO-
YES- NO-
YES- NO-
YES- NO-
YES- NO-
YES- NO-
YES- NO-
YES- NO-
YES- NO-
YES- NO-
YES- NO-
1. Complete Bid Submittal Form (pg. 22-27)
2. Bid Acknowledged I Signed by Authorized Representative
3. Sample Proof of Insurance I Letter of Intent
4. Bid Prepared in One (1) Original and Three (3) Copies
5. Equipment Information as Defined in Section 2.10 (pg. 12)
6. Four Pre-Engineered Metal Building Installation references and
Pending Litigation andlor Claims as defined in Section 2.18 (pg.14)
and utilizing the related form (pg. 25)
7. Vendor Service Representative Contact Listed
8. Signed and Submitted “Drug-Free Workplace” Form (pg. 27)
9. Furnish a list of Subcontractors Performing Work on this project
as defined in Section 3.4-C (pg. 15)
IO. Furnish copies of the manufacturer’s specifications,
installation instructions, and warranties of associated materials
used on the job site as defined throughout Section 3.0 I Noted on
ITB #2007-002 SUBMITTAL FORM (pg. 24)
11. Examined the Attached Sample Contract Document, Exhibit IIAYY, IIB99, and &&CY9
28
STATEMENT OF NO BID
ITB #2007-002 / Furnish and Build a Pre-Engineered Metal Building
If you are pJ bidding on this servicelcommodity, please complete and return this form to:
City of Palm Beach Gardens City Clerk’s Office, 10500 N. Military Trail, Palm Beach
Gardens, FL 3341 0 or fax to (561) 7994 24.
Failure to respond may result in deletion of vendor’s name from the qualified bidder’s list
for the City of Palm Beach Gardens.
COMPANY NAME:
ADDRESS:
TELEPHONE: ( )
SIGNATURE:
DATE:
Minority-Owned Business:
( )Black ( )Hispanic ( )Woman ( )Other
(Specify)
We, the undersigned, have declined to bid on your ITB #2007-002 I Furnish and Build a Pre-engineered
metal building due to:
- Specifications too “tight”, i.e.,
geared toward brand or manufacturer
only (explain below)
- Insufficient time to respond
to the Invitation to Bid
We do not offer this product
or an equivalent
Our product schedule would not permit
us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specify below)
REMARKS:
29
Date Prepared: May 1, 2007
Resolution 49, 2007
EXHIBIT “B”
ITB #2007-002 SUBMITTAL FORM
FURNISH 'AND EUILD A PRE-ENGINEERED METAL EUlLDlNG
ACKNOWLEDGMENT/SIGNATURE SECTION
To: City of Palm Eeach Gardens
10500 N. NIilitary Trail
Palm Geach Gardens, Florida 3341 0
(Vendor)
Agrees to FURNISH AND BUILD A PRE-ENGINEERED METAL BUILDING as defined in this
Bid in accordance with the requirements of the Specifications 2nd Bid Documents.
The undersigned Bidder has carefully examined the Specification requirements and
BidlContract Documents and is familiar with the nature and extent of the Work and any
local conditions that may in any manner affect the Work to be done.
The undersigned agrees to furnish and build a pre-engineered metal building called for by
the Specifications and Bid Documents, in the manner prescribed therein and to the
standards of quality and performance established by the City for the unit Bid price stated
in the spaces herein provided.
The undersigned agrees to the right of the City to hold all Bids and Bid guarantees for a
period not to exceed ninety (90) days after the date of Bid opening stated in the Request
for Bid.
The undersigned accepts the invoicing and payment policies specified in the Bid.
Upon award of this Bid, the City and Bidder each binds himself, itself, or herself, hislitslher
partners, successors, assigns, and legal representatives to the other party hereto in
respect to all covenants, agreements, and obligations contained in the Bid Documents.
The Bid Document constitutes the entire agreement between the City and Bidder and may
only be altered, amended, or repealed by a Change Order or a written amendment.
The Bidder, by signing the Bid Submittal pages, acknowledges and agrees to abide by all
the terms, conditions, and specifications contained in this Bid Document.
The bid unit prices as specified herein are to be utilized to include all combined costs for
equipment, labor, demolition costs, and materials required to perform the work specified
in this Invitation to Bid.
The Bidder, having familiarized himself/herself/itseIf with local conditions, nature, and
extent of work, and having examined carefully the Specifications, terms and conditions
herein, proposes to furnish all labor, materials, equipment, facilities, services, and other
items without exception, for the proper execution and completion of the contract, and if
awarded the contract, to complete the said work within the time limits as specified in Work
Authorization / Notice to Proceed for the specific lump sum bid price listed above.
Signature Section to Follow
22
b5-0291 SW Taxpayer Identification Number (TINIEIN):
__________ ---_--
State Under Which Corporation Was Chartered: Florida
Registered with the State of Florida to business:
No (check one) J Yes - Certificate #: QB000b0\5 --
Corporate President: B LXC bara hhrt.nS
(Print Name)
Corporate Secretary: I3 (XC bark A hcenL- _____-
(Print Name)
Corporate Treasurer: bCb&ch AhCLn\s_-------
(Prki Namej
CORPORATE SEAL
Proposer acknowledges the receipt of Addenda’s Number’s: and42
By: _________________I
Address: --__~
(Signature) (Print name)
Telephone: (--I ~- Fax: (-_)---.---..-
Social Security Number (OR) Taxpayer Identification Number (TIN):
23
3. Supporting manufacturer's documentatior! ,' \wrra-tj detailing specifications is
FURNISH I BUILD I COF3PLETE 00 4. LUrdafP sup8: 15 I ! 51 b .
One hundred fi~.j one +hou~cmci fivt hundred seuenw six
"Work Authorizatioii / Notice to Proceed": \SO da)/s
dO\\W-.S 5. Estimated nunber of days io final conpieiisn after issuance E; receipt of
24
REFERENCES
Bidder shall submit as a part of the bid package, four (4) job related references with name
of the business, address, contact person, and telephone number. Additionally list any
pending litigation and /or claims.
Please lis: any pending litigation and I or claims:
NOW
25
V E N D 0 R S E f? VI C E I D E S I G N AT ED K E P R E S E NTAT I\/ E I N F 0 I? M AT IO fJ
CONTRACTOR LICENSE fi: c 6c 0
26
DRUG-FREE WGRKPLACE
Preference shall be given tc, businesses witl-1 drug-free workplace programs. WJhenever two or
more Bids/Proposals which are equal with respect to price, quality, and service are received by
the City for the procurement of commodities or SENICES, a GidiProposal received from a business
that certifies that it has implemented a drug-fret workplace program shall be given preference in
the award process. Established procedures for processing tie Bids/Proposals will be followed if
none of the tied vendors have a drug-free workplace program. In order to have a drug-free
workplace program, a business shall
1. Publish a statement notifying emplojiees tna? the unlaxwful manufacture, distribution,
.dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees aboui ihe dangers of diu9 abuse in the workplace, the business’s
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3 Give each employee engaged in providing the commodiriesor services that are under
Bid/Proposal a copy of rhe statement specified in subsection (1)
4. In the statement specified in subsection (I), notify the employees that, as 2 condition of
working on the commodities or services that are under Bid, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of
guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for 2 violation occurring in the workplace no later
than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory pariicipation in a drug abuse assistance
or rehabilitation program if such is available in the employee’s community, by any
employee who is so convicted.
6. Make a good faith effori to continue io maintain 2 drug-free workplace through
implementation of this section.
As ihe person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
27
Date Prepared: May 1, 2007
Resolution 49, 20097
EXHIBIT “C”
AGREEMENT
between
CITY OF PALM BEACH GARDENS
and
AHRENS COMPANIES, INC.
for
DESIGN/BUILD SERVICES
to
FURNISH AND BUILD A PRE-ENGINEERED METAL BUILDING
ITB #2007-002
PROJECT #PUB0094
Project #PUB0094 Page 1 of 47 Agreement
This is an Agreement between the CITY OF PALM BEACH GARDENS, a Florida
municipal corporation, its successors, and assigns, hereinafter referred to as “CITY,”
through its City Council
AND
AHRENS COMPANIES, INC., a Florida corporation, its successors, and assigns,
he rei n aft e r referred to as “ D E S I G N/B U I L D E R. ’I
W I T N E S S E T H, in consideration of the mutual terms and conditions,
promises, covenants, and payments hereinafter set forth, CITY and DESIGN/BUILDER
agree as follows:
ARTICLE 1
DEFINITIONS
For the purposes of this Agreement and the various covenants, conditions,
terms, and provisions, which follow, the DEFINITIONS set forth below are assumed to
be true and correct and are agreed upon by the parties.
1 .I CHANGE ORDER: A written document ordering a change in the contract
price or time or a material change in the work issued subsequent to this Agreement, as
determined by the PROJECT MANAGER.
1.2 CONSULTANT: A registered architect, professional engineer, professional
land surveyor, civil engineer, and/or registered landscape architect who has contracted
with or who is employed by DESIGNIBUILDER to provide professional services for the
design of the Project and who is licensed by the State of Florida to provide said
services.
1.3 CONTRACT: This Agreement between CITY and DESIGN/BUILDER for
this Project, all as defined herein. As used herein, the term Contract shall mean the
same as Agreement.
1.4 CONTRACT DOCUMENTS: DESIGN/BUILDER’s proposal including
plans, specifications, drawings and/or other written or graphic materials which are to be
developed by the Consultant as part of the record of this Agreement, this Agreement,
the performance and payment bond, the design documents, the construction
documents, the Notice to Proceed, the Purchase Order, and any additional documents
the submission of which are required by this Agreement.
1.5 DESIGN/BUILDER: Ahrens Companies, Inc. is the Proposer selected to
perform the work pursuant to this Agreement, and is the person, firm, or corporation
primarily liable for the acceptable performance of, and payment of all legal debts
pertaining to the Project. All references in the Contract Documents to third parties
under contract or control of DESIGN/BUILDER shall be deemed to be a reference to
DESIGN/BUILDER. DESIGN/BUILDER will be responsible for the provision,
Project #PUB0094 Page 2 of 47 Agreernen t
installation, and performance of all equipment and materials, and DESIGN/BUILDER is
in no way relieved of the responsibility for the performance of all equipment furnished.
DESIGNIBUILDER shall include a design criterion professional and a designlbuild
contractor as set forth in Section 287.055, Florida Statutes.
1.6 COUNCIL: The City Council, which is the governing body of the City of
Palm Beach Gardens, Florida.
1.7 DESIGNATED REPRESENTATIVE: An authorized representative of
DESIGN/BUILDER assigned to represent DESIGN/BUILDER on this Project.
1.8 FIELD ORDER: A written order issued by the PROJECT MANAGER
which orders minor changes in the Project but which does not involve a change in the
total cost or time for performance.
1.9 INSPECTOR: An authorized representative of the Consultant assigned to
make necessary inspections of materials furnished by DESIGN/BUILDER and of the
work performed by DESIGN/BUILDER.
1 .IO MATERIAL: Materials incorporated in this Project or used or consumed in
the performance of the work.
1.11 NOTICE OF COMPLETION: The date certified by Consultant that all
conditions of the permits and regulatory agencies have been met, all construction,
reconstruction or rehabilitation, including corrective work, has been performed and all
administrative requirements of the Contract Documents have been completed, and
CITY has received from DESIGN/BUILDER a release of all liens, release of surety,
certificate of indemnification by DESIGN/BUILDER, release of claims by
DESIGN/BUILDER, and corrected as-built drawings.
1 .I2 NOTICE TO PROCEED: A written Notice to Proceed issued by the
PROJECT MANAGER.
1 .I 3 PLANS AND/OR DRAWINGS: The official graphic representations of this
Project which, upon written approval of the PROJECT MANAGER, shall become a part
of the Contract Documents, as well as the preliminary plans and drawings and
renderings of the Project and the preliminary outline specifications and plans for the
design/build services for the Project, which will be prepared by DESIGN/BUILDER, and
will be made a part of the Contract Documents upon approval by the PROJECT
MANAGER. The plans and specifications will include the design development
documents and construction documents to be approved by the PROJECT MANAGER
as provided in this Agreement.
Project #PUB0094 Page 3 of 47 Agreement
1 .I4 PROJECT: The Project is the total design, construction, and furnishing of
the ITB #2007-002 dated February 15, 2007 as described in and in accordance with the
Contract Documents, complete with all appurtenances required to produce the facilities,
including without limitation all professional design, engineering and construction
services and labor, materials, furnishings and equipment necessary or used or
incorporated in the design and construction, in accordance with the Contract
Documents and as is required or reasonably inferred from them. The Project includes
the work, services and labor, and the goods, materials, tools, supervision and
equipment to be provided, and the cleanup, removal, and disposal of all debris, trash,
and other material so as to leave the facilities in a clean and ready-to-use condition.
1 .I5 PROJECT INITIATION DATE: The date upon which the contract time
commences.
1 .I 6 PROJECT MANAGER: Unless otherwise explicitly stated all contract
duties, contract responsibilities, and contract communications of CITY shall be made
through the CITY’S Civil Engineer. The foregoing sentence shall not apply to CITY
construction inspections made to assure compliance with applicable regulatory law and
which the CITY conducts in a governmental regulatory capacity.
1 .I7 SUBCONTRACTOR: The person, contractor, or corporation having a
direct contract with DESIGN/BUILDER, including one who furnishes material worked to
a special design according to the Contract Documents for this Project, but does not
include one who merely furnishes material not so worked.
1.18 SUBSTANTIAL COMPLETION: The date certified by CITY that all
conditions of the permits and regulatory agencies have been met, and all construction,
reconstruction, or rehabilitation (except minor corrective work) has been performed in
accordance with the Contract Documents, all certificates of occupancy have been
obtained, and the site is able to be used for its intended use.
1 .I9 SURETY: The surety company or individual which is bound by contract
bond with and for DESIGN/BUILDER who is primarily liable and which surety company
or individual is responsible for DESIGN/BUILDER’s acceptable performance of the work
under the contract and for the payment of all debts pertaining thereto with Section
255.05, Florida Statutes.
1.20 CITY: The City of Palm Beach Gardens, a Florida municipal corporation.
Project #PUB0094 Page 4 of 47 Agreement
ARTICLE 2
INTENTION OF CITY
2.1 It is the intent of the Contract Documents to describe a functionally
complete Project to be designed and constructed by DESIGN/BUILDER in accordance
with the Contract Documents. Any work, materials, or equipment that may reasonably
be inferred from the Contract Documents, as being required to produce the intended
result will be supplied whether or not specifically called for. When words that have a
well-known technical or trade meaning are used to describe work, materials, or
equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals, or codes of any technical society,
organization, or association, or to laws or regulations of any governmental authority,
whether such reference is specific or by implication, shall mean the standard
specification, manual, code, laws, or regulations in effect at the time of the date of the
execution of this Agreement.
ARTICLE 3
CONTRACT DOCUMENTS
3.1 The Contract Documents shall be followed in strict accordance as to work,
material, and dimensions except when the PROJECT MANAGER may authorize, in
writing, an exception.
3.2 Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be decided upon by
the PROJECT MANAGER. DESIGN/BUILDER shall not proceed when in doubt as to
any dimension or measurement but shall seek clarification from the PROJECT
MANAGER.
3.3 DESIGN/BUILDER shall maintain four (4) copies of the Contract
Document?; two (2) of which shall be preserved and always kept accessible to the
PROJECT MANAGER or his/her authorized representatives.
3.4 This Contract incorporates by reference and in the following order of
authoritative precedent, the following documents:
3.4.1. The Contract and the Plans and Specifications, including those prepared
by the City for proposing purposes; and
3.4.2. DESIGN/BUILDER’s proposal, including any addenda.
Project #PUB0094 Page 5 of 47
ARTICLE 4
OWNERSHIP OF DESIGN MATERIALS AND DOCUMENTS
4.1 All documents including drawings and specifications prepared or furnished
by DESIGN/BUILDER (and the independent professional associates and consultants or
engineers of the DESIGN/BUILDER firm hereafter collectively called "DESIGNER)
pursuant to this Agreement shall become owned by and be the property of the CITY and
the CITY shall thereby obtain ownership to any statutory common law and other
reserved rights, thereto; however, such documents are not intended or represented to
be suitable for reuse by Owner on extensions of the Project or on any other project.
Any such reuse, modification, or adaptation of such documents without written
verification or adaptation by DESIGNER for the specific purpose intended will be at
Owner's sole risk and without liability or legal exposure to DESIGNER. If required by
CITY, any such verification or adaptation will entitle DESIGNER to further compensation
at rates to be agreed upon by Owner and DESIGNER.
The copies or other tangible embodiments of all design materials, whether or not
such materials are subject to intellectual property protection, including but not limited to
documents, shop drawings, computer programs developed for the Project or if such
programs are not the property of DESIGNIBUILD firm the results of the use of them by
the DESIGNIBUILD firm, data, plans, drawings, sketches, illustrations, specifications,
descriptions, models, the Design Development Documents, the Construction
Documents, and any other documents developed, prepared, furnished, delivered or
required to be delivered by the DESIGN/BUILD firm to the CITY under the Contract
(collectively "DESIGN MATERIALS") shall be and remain the property of the CITY
whether or not the Project or Work is commenced or completed, provided; however, that
the CITY makes payment for the DESIGN MATERIALS in accordance with the
Schedule of Values. During the term of the Contract, the DESIGNIBUILD firm shall be
responsible for any loss or damage to the DESIGN MATERIALS, while the Materials are
in the possession of the DESIGN/BUILD firm or any of its subcontractors, and any such
DESIGN MATERIALS lost or damaged shall be replaced or restored at the
DESIGN/BUILD firm's expense. The intellectual property rights, if any, to the contents
of or concepts embodied in the DESIGN MATERIALS shall belong to the
DESIGN/BUILD firm or it subcontractors in accordance with their contractual
relationship and may be copyrighted by them in the United States or in any other
country, or be subject to any other intellectual property protection.
As to those Design Materials subject to copyright or as to which a patent or
trademark, or any other form of intellectual property protection has been, is or will be
obtained, the DESIGN/BUILD firm grants to the CITY as of the date that the DESIGN
MATERIALS were delivered or required to be delivered to the CITY, a world-wide, paid-
up, nonexclusive, nontransferable (except as provided) license for the term of
intellectual property protection, for the CITY to use, reproduce and have reproduced,
display and allow others to display and to publish and allow others to publish, in any
manner, at any time and as often as it desires, without compensation to the
DESIGN/BUILD firm or any third party, subject to the following restrictions:
Project #PUB0094 Page 6 of 47 Agreement
(a) All copyright and other intellectual proprietary rights in or relating to any of
the DESIGN MATERIALS shall remain the property of the DESIGN/BUILD firm whether
or not the Project is constructed. The DESIGN/BUILD firm and DESIGNER
subcontractors shall have the right to use any detail, part, concept or system(s) shown
on, specified in, or inferable from the DESIGN MATERIALS on any other project and to
retain copies for the DESIGN/BUILD firm's future use;
(b) The CITY shall be entitled to, at no additional cost to the CITY, use such
Materials and documents at its own risk for additions, improvements, changes, or
alterations to the Project after completion. If the DESIGN/BUILD is in default under this
Contract and the Contract is terminated, the CITY shall be entitled to use the DESIGN
MATERIALS for completion of the Project by others without additional compensation, or
a release, indemnification or other action by the CITY;
(c) Any reproduction of the DESIGN MATERIALS or part of them shall be
faithful and accurate to the original and of good quality;
(d) The CITY shall not remove or alter, and shall reproduce and prominently
display on all copies made by CITY, the copyright notice and other proprietary legends
appearing on the DESIGN MATERIALS when delivered to the CITY.
4.2 Ownership of Design Materials and Documents after final completion - As
of the Date of Final Completion of the Project, or in the event of termination of the
Contract, the DESIGN/BUILD firm shall turn over to the CITY any of the DESIGN
MATERIALS referred to in Article 3 above, which have not yet been submitted to the
CITY. The Design/Build firm shall submit to the City four copies of the final record
plans, signed and sealed by a registered engineer licensed by the State, as well as all
related electronic documents in CADD format. In the event of the failure by the
DESIGN/BUILD firm to make such delivery as provided above, the DESIGN/BUILD firm
shall pay the CITY any damages, which the CITY may sustain from the failure, and the
CITY shall have the additional right of specific performance.
ARTICLE 5
SCOPE OF WORK
5.1 DESIGN/BUILDER hereby agrees to complete the Project described in
Exhibit "D" of the proposal package, which is incorporated herein by reference,
including furnishing all engineering, landscape architecture, land surveying and
environmental services, labor, materials, equipment, and other services necessary to
perform all of the work described in Exhibit "D", including drawings and addenda
thereto, to be constructed in accordance with the requirements and provisions of the
Contract Documents.
5.2 DESlGNlBUlLDER agrees to meet with CITY at reasonable times and
with reasonable notice.
Agreement Project #PUB0094 Page 7 of 47
5.3 DESIGN/BUILDER will develop from its proposal and layout drawings the
specifications which will be reviewed and approved by the PROJECT MANAGER for
concept and will meet or exceed the standards noted in all applicable codes,
ordinances, statutes, and any other regulations imposed by any regulatory body or
authority governing the design and construction. All such documents shall become a
part of the Contract Documents at the time they are provided by DESIGN/BUlLDER and
approved for concept by the PROJECT MANAGER.
5.4 Prior to the final completion of construction services under this Agreement,
there shall be established a record set of plans and specifications, on Mylar, which shall
bear the approval of DESIGN/BUILDER and PROJECT MANAGER. In addition, prior to
the commencement of construction services under this Agreement, DESIGN/BUILDER
shall submit to the PROJECT MANAGER a CPM Schedule for the planning and
execution of the Construction Phase of the Project. The CPM shall be updated
bimonthly and submitted to PROJECT MANAGER as part of each pay request.
ARTICLE 6
COMPLETION DATE
6.1 PROJECT MANAGER shall instruct DESIGN/BUILDER to commence the
Design and Construction Phases of the Project by written instructions in the form of a
Notice to Proceed issued by the PROJECT MANAGER. The Project shall be
commenced within seven (7) calendar days after the Project initiation date specified in
the Notice to Proceed. The Notice to Proceed will not be issued until receipt by CITY of
all required documents, including a task and delivery oriented project timeline, and after
execution of this Agreement by both parties.
6.2 The Project shall be substantially completed by DESIGN/BUILDER no
later than 150 calendar davs, including permitting, design and construction, and a
Certificate of Occupancy. Upon failure of DESIGN/BUILDER to substantially complete
the Project within the specified period of time (plus approved extensions, if any)
DESIGN/BUILDER shall pay to CITY the sum of Two Hundred Dollars ($200.001 for
each calendar day (plus approved extensions) after the time specified for substantial
completion. After substantial completion, should DESIGN/BUILDER neglect, refuse or
fail to complete the remaining work within 15 calendar davs from the substantial
completion date described in this Agreement or any approved extension thereof,
DESIGN/BUILDER shall pay to CITY the sum of Two Hundred Fiftv Dollars ($250.001
for each calendar day after the time above (plus approved extensions) for completion
and readiness for final payment. These amounts are not penalties but liquidated
damages to CITY. Liquidated damages are hereby fixed and agreed upon between the
parties, recognizing the impossibility of precisely ascertaining the amount of damages
that will be sustained by CITY as a consequence of such delay, and both parties
desiring to obviate any question of dispute concerning the amount of said damages and
the cost and effect of the failure of DESIGN/BUILDER to complete the Contract on time.
Project #PUB0094 Page 8 of47 Agreement
6.3 CITY is authorized to deduct liquidated damage amounts from the monies
due DESIGN/BUILDER for work under this Agreement or as much thereof as CITY
may, at its own option, deem just and reasonable. The CITY shall not be deemed in
default for such deduction(s).
6.4 DESIGN/BUILDER shall be responsible for reimbursing CITY, in addition
to liquidated damages, for all costs incurred by CITY, including, without limitation, costs
of storage, maintenance, repair, and insurance in administering the construction of the
Project beyond the completion date specified in this Agreement or beyond an approved
extension of time granted to DESIGN/BUILDER, whichever date is later. Such costs
shall be deducted from the monies due DESIGN/BUILDER as provided in Article 8 of
this Agreement.
6.5 No extension of time shall be granted for delays resulting from normal
weather conditions prevailing in the area as defined by the average of the last five (5)
years of weather recorded by the National Weather Service.
ARTICLE 7
DESIGN/BUILDER S RESPONSIBILITY
7.1 The parties acknowledge and agree that CITY is purchasing, and
DESIGN/BUILDER is bound to deliver, the design/construction of a pre-engineered
metal building, known as ITB #2007-002 (Project No. PUB0094) to the City of Palm
Beach Gardens, which shall be constructed in accordance with the Contract
Documents, and comply with all applicable laws, rules, reservations, codes, ordinances,
directives or guidelines, whether federal, state or local, and technical codes.
7.2 DESIGN/BUILDER shall be responsible for applying for and securing all
permits and approvals from all governmental authorities having jurisdiction over the
Project. DESIGN/BUILDER shall make, at its own cost and expense, any changes to
the Project required by the PROJECT MANAGER or Consultant having jurisdiction over
the Project and shall advise CITY in writing of such changes. All permits and licenses
required by federal, state, or local laws, rules, and regulations, codes, directives and
guidelines necessary for the prosecution of the Project by DESIGNIBUILDER pursuant
to this Agreement shall be secured and paid for by DESIGNIBUILDER. It is
DESIGN/BUILDER’s responsibility to have and maintain appropriate certificate(s) of
competency, valid for the work to be performed and for all persons working on the
Project for whom a certificate of competency is required.
Pursuant to the Public Proposal Disclosure Act, EACH LICENSE, PERMIT OR
FEE A CONTRACTOR WILL HAVE TO PAY THE CITY BEFORE OR DURING
CONSTRUCTION OR THE PERCENTAGE METHOD OR UNIT METHOD OF ALL
LICENSES, PERMITS AND FEES REQUIRED BY THE CITY AND PAYABLE TO THE
CITY BY VIRTUE OF THIS CONSTRUCTION AS PART OF THE CONTRACT IS AS
FOLLOWS:
Project #PUB0094 Page 9 of47 Agreement
All fees payable to CITY have been or will be paid for by CITY. Permits and
fees, which may be required by the State of Florida, State Agencies, or by other local
governmental entities, are not included.
Occupational licenses will be required pursuant to Chapter 205, Florida Statutes.
7.3 DESIGN/BUILDER shall be fully responsible for the actions of all persons
working in conjunction with the design and construction of the Project.
7.4 DESIGN/BUILDER shall be fully responsible for all acts or omissions of its
consultants and subcontractors and of persons directly employed by
DESIGN/BUILDERs consultants and subcontractors and of persons for whose acts any
of them may be liable to the same extent DESIGN/BUILDER is responsible for the acts
and omissions of persons directly employed by DESIGN/BUILDER. Nothing in this
Agreement shall create any contractual relationship between any consultant or
subcontractor and CITY or any obligation on the part of CITY to pay or to see to the
payment of any monies due to any consultant or subcontractor.
7.5 DESIGN/BUILDER agrees to bind specifically every subcontractor and
consultant to the applicable terms and conditions of this Agreement for the benefit of
CITY.
7.6 Unless otherwise provided herein, DESIGNIBUILDER shall provide and
pay for all architecture, engineering, landscape architecture, and land surveying
services, materials, labor, water, tools, equipment, light, power, transportation and other
facilities and services necessary for the proper execution and completion of the Project,
whether temporary or permanent, and whether or not incorporated or to be incorporated
in the Project.
7.7 DESIGN/BUILDER shall at all times enforce strict discipline and good
order among its employees, consultants, and subcontractors at the Project site and
shall not employ on the Project any unfit person or anyone not skilled in the work
assigned to him or her.
7.8 DESIGN/BUILDER shall maintain suitable and sufficient guards and
barriers, and at night suitable and sufficient lighting for the prevention of accidents and
thefts.
7.9 DESIGN/BUILDER shall keep itself fully informed of, and shall take into
account and comply with, all existing and future local, state and federal laws and
municipal ordinances, rules, codes, regulations, guidelines and directives, in any
manner affecting those engaged or employed in the Project, or the materials used or
employed in the Project, or in any way affecting the conduct of the Project, and of all
such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same and of all provisions required by law to be made a part of this Agreement, all
of which provisions are hereby incorporated by reference and made a part hereof. If
Agreement Project #PUB0094 Page 10 of 47
any specification or contract for this Project is in violation of any such law, ordinance,
regulation, codes, directives, guidelines, order, decree, or other matters,
DESIGN/BUILDER shall forthwith report the same to the PROJECT MANAGER in
writing. DESIGN/BUILDER shall cause all its agents, employees, subcontractors, and
consultants to observe and comply with all such existing and future laws, ordinances,
regulations, orders, decrees, rules, guidelines, and directives.
7.10 In the event of a change after the effective date of this Agreement in any
local, state and federal laws and municipal codes, ordinances, regulations, rules,
guidelines and directives which in any manner affects the Project, DESIGN/BUILDER
shall advise the PROJECT MANAGER, in writing, and the PROJECT MANAGER, with
concurrence of CITY, shall initiate a change order, the purpose of which shall be to
bring the Project into compliance with all laws, ordinances, codes, regulations, rules,
guidelines and directives, as amended or enacted.
7.1 1 DESIGN/BUILDER shall pay all applicable sales, consumer, use, and
other taxes required by law. DESIGN/BUILDER is responsible for reviewing the
pertinent local, state and federal statutes involving local, state and federal taxes and
complying with all requirements.
ARTICLE 8
COMPENSATION AND METHOD OF PAYMENT
8.1 Amount and Method of Compensation
8.1.1 CITY agrees to pay DESIGN/BUILDER as compensation for its services
under the terms of this Agreement a maximum amount not to exceed sum, mutually
agreed to by CITY’S PROJECT MANAGER and DESlGNlBUlLDER and as set forth in
the Contract Documents for each segment of the work. The fee for the services to be
performed by DESIGN/BUILDER shall be for the actual cost of the work multiplied by a
factor for general conditions, overhead and profit, and if applicable, a savings factor, as
presented in the Design/Build proposal. Exhibit “C” to the DESIGN/BUILDER proposal
is the rate of wages and fringe benefits for all laborers, mechanics, and apprentices
proposed to be used on the job, by reference is incorporated herein. Regardless of the
foregoing said amount shall not exceed the amount found in Section 8.1 .I .I below.
8.1 .I .I The maximum not-to-exceed sum to be paid by CITY to
DESIGN/BUILDER under this Agreement is One Hundred Fifty-One Thousand Five
Hundred Seventy-Six and 00/100 Dollars ($151,576.00), for the project described in the
Design/Build package and as submitted by the DESIGN/BUILDER proposal, all of which
is incorporated herein by reference. It is understood that DESIGN/BUILDER shall
perform all services set forth in this Agreement for no more than the total compensation
amount set forth in this paragraph except as allowed under Article 8 of this Agreement.
Project #PUB0094 Page 11 of 47
8.1 .I .2 Within thirty (30) days prior to the commencement of construction,
DESIGN/BUILDER shall submit to the PROJECT MANAGER a schedule of values for
each item comprising the fee described above. Partial payments shall be based upon
such schedule of values. Final payments on each Contract Document must be
approved by the PROJECT MANAGER.
8.2 Method of Billinq and Payment
8.2.1 DESIGN/BUILDER shall submit billings, which are identified by the
specific Contract Document number on a monthly basis and in a timely manner. The
PROJECT MANAGER shall verify completion of the various stages as noted and
authorize payment. DESIGN/BUILDER may submit a request for payment thirty (30)
days after beginning field operations and every thirty (30) days thereafter. Payment will
be based on quantities certified by DESIGNIBUILDER. DESIGN/BUILDER’s requisition
shall show a complete breakdown of the Project components, the quantities completed,
and the amount due, together with such supporting evidence as may be required by the
PROJECT MANAGER. When applicable, the requisition for payment shall be
accompanied by a completed Statement of Compliance. Each requisition shall be
submitted in triplicate to the PROJECT MANAGER for approval.
8.2.2 Requests for final payment shall be accompanied by paid invoices and
other back-up material as may be necessary to substantiate the final fee. The total
hourly rates payable by CITY for each DESIGNIBUILDER’s employee categories shall
be as shown on Exhibit “B” to the DESIGN/BUILDER proposal, which is incorporated
herein by reference. In no instance shall final billing exceed the amount allocated in the
Contract Document. An updated construction schedule shall be submitted at least
mon t hi y .
8.2.3 CITY agrees that it will pay DESIGN/BUILDER within thirty (30) calendar
days of receipt of DESIGNIBUILDER’s proper statement, as provided above,
accompanied by an updated construction schedule and as-built drawings.
8.2.4 Ten percent (IOo/,) of all monies earned by DESIGN/BUILDER shall be
retained by CITY until the Project is fifty percent (50%) completed as specified and
accepted by the PROJECT MANAGER. The PROJECT MANAGER may reduce
retainage to five percent (5%) after fifty percent (50%) of the Project has been
completed. Any interest earned on retainage shall accrue to the benefit of CITY.
8.2.5 Upon receipt of written notice from DESIGN/BUILDER that the Project is
ready for final inspection and acceptance, the PROJECT MANAGER shall, within ten
(IO) days, make an inspection thereof. If the PROJECT MANAGER finds the Project
acceptable under the Contract Documents and the Project fully performed, a Final
Certificate of Payment shall be issued by the PROJECT MANAGER, over hidher own
signature, stating that the work required by this Agreement has been completed and is
accepted under the terms and conditions thereof.
Project #PUB0094 Page 12 of 47 Agreement
8.2.6 Before issuance of the Final Certificate for Payment, DESIGNIBUILDER
shall deliver to the PROJECT MANAGER a complete release of all liens arising out of
this Agreement or receipts in full in lieu thereof, and an Affidavit certifying that all
suppliers, materialsmen, and subcontractors have been paid in full and that all other
indebtedness connected with the Project has been paid, and a consent of the surety to
final payment. All warranties, guarantees, operational manuals, and instructions in
operation must be delivered to CITY at this time. As-built drawings will be completed
prior to final payment being made.
8.2.7 CITY may withhold final payment or any progress payment to such extent
as may be necessary on account of:
8.2.7.1 Defective work not remedied.
8.2.7.2 Claims filed or reasonable evidence indicating probable filing of
claims by other parties against DESIGN/BUILDER.
8.2.7.3 Failure of DESIGN/BUILDER to make payments properly to
suppliers, materialsmen, subcontractors, or consultants or for material or labor.
8.2.7.4
person not remedied.
Damage to another subcontractor, supplier, material men, party, or
8.2.7.5 Liquidated damages pursuant to Article 6 hereof.
8.2.7.6 As-built drawings not being in a current and acceptable state.
When the above grounds are removed or resolved or DESIGNIBUILDER provides a
surety bond or a consent of surety satisfactory to CITY, which will protect CITY in the
amount withheld, payment may be made in whole or in part, as applicable.
8.2.8 If, after the Project has been substantially completed, full completion
thereof is materially delayed through no fault of DESIGN/BUILDER, and the PROJECT
MANAGER so certifies, CITY shall, upon certification of the PROJECT MANAGER, and
without terminating the Contract, make payment of the balance due for that portion of
the Project fully completed and accepted. Such payment shall be made under the
terms and conditions governing final payment, except that it shall not constitute a waiver
of claims.
8.2.9 The making and acceptance of the final payment shall constitute a waiver
of all claims by CITY, other than those arising from faulty or defective work, failure of the
Project to comply with requirements of the Contract Documents or terms of any
warranties required by the Contract Documents. It shall also constitute a waiver of all
claims by DESIGN/BUILDER, except those previously made in writing and identified by
DESIGN/BUILDER as unsettled at the time of the final application for payment.
Project #PUB0094 Page 13 of 47 Agreement
8.2.10 Payment will be made to DESIGN/BUILDER at:
Ahrens Companies, Inc.
1461 Kinetic Road
Lake Park, FL 33403
ARTICLE 9
ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
9.1 Without invalidating this Agreement and without notice to any surety, CITY
reserves and shall have the right to make such changes from time to time in the
character or quantity of the Project as may be considered necessary or desirable to
complete fully and acceptably the proposed construction in a satisfactory manner. Any
extra or additional work within the scope of this Project may be accomplished by means
of appropriate field orders and supplemental instructions or change orders subject to
Articles 33 and 34 herein.
ARTICLE 10
CITY'S RESPO NS I B I LIT1 ES
10.1 CITY will assist DESIGN/BUILDER by placing at its disposal any available
information pertinent to the Project, including previous reports, laboratory tests, and
inspections of samples, materials, and equipment; property, boundary, easement,
rights-of-way, topographic and utility surveys; property descriptions; and known zoning,
deed, and other land use restrictions.
10.2 CITY will arrange for access to and make all provisions for
DESIGN/BUILDER to enter upon public property as required for DESIGN/BUILDER to
perform its services.
ARTICLE 11
RESOLUTION OF DISPUTES
11 .I To prevent all disputes and litigation, it is agreed by the parties hereto that
the PROJECT MANAGER shall decide all questions, difficulties, and disputes of
whatever nature which may arise relative to the technical interpretation of the Contract
Documents and fulfillment of this Agreement as to the character, quality, amount, and
value of any work done and materials furnished under or by reason of this Agreement,
and the PROJECT MANAGER'S estimates and decisions upon all claims, questions,
and disputes shall be final and conclusive upon the parties hereto. This Article does not
preclude either or both parties from seeking any and all remedies available at law or in
equity. The parties hereto may also, if mutually agreed, seek arbitration or mediation to
resolve any dispute related to this Contract. Nothing herein however shall preclude
CITY from filing sui in a court of competent jurisdiction.
Project #PUB0094 Page 14 of 47 Agreement
ARTICLE 12
ASSIGNMENT
12.1 Neither party to this Agreement shall assign this Agreement or subcontract
it as a whole without the written consent of the other, nor shall DESIGN/BUILDER
assign any monies due or to become due to it hereunder without the prior written
consent of the PROJECT MANAGER.
ARTICLE 13
PROJECT MEETINGS
13.1 DESIGN/BUILDER shall schedule periodic work progress meetings and
specially called meetings as needed with the PROJECT MANAGER relating to the
design/build services under this Agreement. DESIGN/BUILDER shall record the
minutes of such meetings, include significant proceedings and decision(s) within the
minutes, and reproduce and distribute copies of minutes within five (5) business days
after each meeting, plus incorporate comments received or exceptions taken by those
present who have reviewed and commented on the minutes.
ARTICLE 14
S EC U Rl TY
14.1 DESIGN/BUILDER shall provide a project security program to protect
work, stored products, and construction equipment from theft and vandalism, and to
protect premises from entry by unauthorized persons. In the event any such materials,
equipment, and supplies are lost, stolen, damaged, or destroyed prior to final inspection
and acceptance, DESIGN/BUILDER shall replace same without cost to CITY.
ARTICLE 15
INSPECTION OF PROJECT
15.1 The PROJECT MANAGER or Designee shall, at all times, have access to
the Project, and DESIGN/BUILDER shall provide proper facilities for such access.
15.1 .I Should the Contract Documents, instructions, any laws, ordinances, or
any public authority require any work for the Project to be specially tested or approved,
DESIGN/BUILDER shall give to the PROJECT MANAGER timely notice of readiness of
the work for inspection. If the testing or approval is to be made by an authority other
than CITY, timely notice shall be given of the date fixed for such testing. Inspections
shall be made promptly, and, where practicable, at the source of supply. If any work for
the Project should be covered up without approval or consent of the PROJECT
MANAGER, it must, if required by the PROJECT MANAGER, be uncovered for
examination and properly restored at DESIGN/BUILDER’s expense.
Project #PUB0094 Page 15 of 47 Agreement
15.1.2 Reexamination and retesting of any work for the Project may be ordered
by the PROJECT MANAGER; and if so ordered, such work must be uncovered by
DESIGN/BUILDER. If work is found defective, DESIGNIBUILDER shall bear all direct,
indirect, and consequential expenses of such removal or correction. If such work is
found to be in accordance with the Contract Documents, CITY shall pay the cost of
reexamination, retesting, and replacement.
15.2 The payment of any compensation, regardless of its character or form, or
the giving of any gratuity or the granting of any valuable favor by DESIGN/BUILDER to
any Inspector other than its consultant, is forbidden, and any such act on the part of
DESIGN/BUILDER will constitute a breach of this Agreement.
ARTICLE 16
SUPERINTENDENCE AND SUPERVISION
16.1 The orders of CITY are to be given through the PROJECT MANAGER,
whose instructions are to be strictly and promptly followed in every case.
DESIGN/BUILDER shall keep on the Project during its progress a competent resident
supervisor, who shall serve as the Designated Representative, and any necessary
assistants. The Designated Representative shall serve as Superintendent on site and
shall be responsible for continuous field supervision, coordination, and completion of the
work. The Designated Representative shall not be changed except with the consent of
the PROJECT MANAGER, unless the Designated Representative proves to be
unsatisfactory to DESIGN/BUILDER and ceases to be in its employ. The Project
representative shall represent DESIGN/BUILDER, and all direction given to the
Designated Representative shall be as binding as if given to DESIGN/BUILDER.
Directions will be confirmed in writing to DESIGN/BUILDER. Other directions will be so
confirmed on written request in each case.
16.2 DESIGN/BUILDER's Designated Representative shall prepare, on a daily
basis, and keep on the Project site, a bound log setting forth at a minimum for each day:
the weather conditions and how any weather conditions affected progress of the work;
work performed; equipment utilized for the work; any idle equipment and reasons for
idleness; visitors to the Project site; labor utilized for the work; and any materials
delivered to the Project site. The daily log shall be available for inspection by the
PROJECT MANAGER at all times during the Project.
16.3 If DESIGN/BUILDER, in the course of the Project, finds any discrepancy
between the Contract Documents and the physical conditions of the locality, or any
errors or omissions in the Contract Documents, including drawings (plans) and
specifications, it shall be the DESIGNIBUILDER's duty to immediately inform the
PROJECT MANAGER in writing, and the PROJECT MANAGER will promptly verify the
same. Any work done prior to or after such discovery will be done at
DES IG N/BU I LDER's sole risk.
Project #PUB0094 Page 16 of 47 Agreement
16.4 DESIGN/BUILDER shall coordinate, supervise, and direct the Project
competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Project in accordance with the Contract
Documents. DESIGNIBUILDER shall be solely responsible for the design, means,
methods, techniques, safety, sequences, and procedures of construction.
DESIGN/BUILDER shall give efficient supervision to the work, using
DESIGN/BUILDER's best skill, attention, and judgment.
ARTICLE 17
CITY'S RIGHT TO TERMINATE AGREEMENT
17.1 The following shall give CITY the right to terminate this Agreement with
DESIGN/BUILDER:
17.1 .I DESIGN/BUILDER fails to begin the design and construction of the
Project within the time specified, or fails to perform the Project with sufficient workers
and equipment or with sufficient materials to insure the prompt completion of the
Project, or shall perform the work unsuitably, or cause it to be rejected as defective and
unsuitable, or shall discontinue the prosecution of the Project.
17.1.2 If DESIGN/BUILDER shall become insolvent, be declared bankrupt,
commit any act of bankruptcy or insolvency, make an assignment for the benefit of
creditors, or as a result of any other cause whatsoever not carry on the Project in an
acceptable manner, the PROJECT MANAGER may give notice in writing to
DESIGNIBUILDER and its Surety of such delay, neglect or default, specifying the same.
If DESIGNIBUILDER, within a period of ten (IO) days after such notice, shall not
proceed in accordance therewith, then CITY may, upon written certificate from the
PROJECT MANAGER of the fact of such delay, neglect or default and
DESIGN/BUILDER's failure to comply with such notice, terminate the services of
DESIGN/BUILDER, exclude DESIGN/BUILDER from site and take the prosecution of
the Project out of the hands of DESIGN/BUILDER, and appropriate or use any or all
materials and equipment on the Project site as may be suitable and acceptable.
17.2 In the event of an occurrence under Section 17.1 above,
DESIGN/BUILDER shall not be entitled to receive any further payment until the Project
is finished.
17.3 In the event of an occurrence under Section 17.1 above, CITY may enter
into a separate agreement for the completion of the Project according to the terms and
provisions of the Contract Documents or use such other methods as in its opinion shall
be required for the completion of the Project in an acceptable manner.
17.4 In the event of an occurrence under Section 17.1 above, all damages,
costs, and charges incurred by CITY shall be deducted from any monies due or which
may become due to said DESIGN/BUILDER. Actions will be instituted to recover on the
posted bonds. In case the damages and expenses so incurred by CITY shall be less
Project #PUB0094 Page 17 of 47 Agreement
than the sum which would have been payable under this Agreement, if it had been
completed by said DESIGN/BUILDER, then DESIGN/BUILDER shall be entitled to
receive the difference. If such damages and costs exceed the unpaid balance, then
DESIGN/BUILDER shall be liable and shall pay to CITY the amount of said excess.
17.5 If, after Notice of Termination is given to DESIGN/BUILDER, it is
determined for any reason that DESIGN/BUILDER was not in default or breach of this
Agreement, the rights and obligations of CITY and DESIGN/BUlLDER shall be the
same as if the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 17.6 below.
17.6 The performance of work under this Agreement may be terminated in
writing by the PROJECT MANAGER for convenience upon not less than ten (IO) days
written notice to DESIGNIBUILDER (delivered by certified mail, return receipt
requested or by such overnight delivery service such as FedEx), of intent to terminate
and the date on which such termination becomes effective. In such case,
DESlGN/BUILDER shall be paid for all work executed and expenses incurred prior to
termination in addition to termination settlement costs reasonably incurred by
DESIGN/BUILDER relating to commitments, which had become DESIGN/BUILDER’s
prior to the date of termination. Payment shall include services actually performed in full
prior to termination date, but shall exclude all lost profits, direct, indirect, consequential,
or special damages, or other damages for the remainder of the project.
17.7 Upon receipt of Notice of Termination pursuant to Articles 17.1, 17.5, or
17.6 above, DESIGNIBUILDER shall promptly discontinue all affected work unless the
Notice of Termination directs otherwise and deliver or otherwise make available to the
PROJECT MANAGER all data, drawings, specifications, reports, estimates, summaries,
and such other information as may have been required by the Contract Documents
whether completed or in process.
17.8 If a Court of competent jurisdiction finds that the CITY wrongfully
terminated this Contract, then in such event, this Contract shall be deemed terminated
for convenience as provided for in Section 17.6 and the Contractor shall not be entitled
to damages or loss of profits, but shall include all items provided for in Section 17.6
herein.
ARTICLE 18
DESIGN/BUILDER S RIGHT TO STOP WORK OR TERMINATE CONTRACT
18.1 If the Project should be stopped under an order of any court or other
public authority for a period of more than ninety (90) calendar days, through no act or
fault of DESIGN/BUILDER or of anyone employed by DESIGN/BUILDER, or if the
PROJECT MANAGER should fail to review and approve or state in writing reasons for
non-approval of any estimate for payment within twenty (20) days after it is presented,
or if CITY fails to pay DESIGNIBUILDER within thirty (30) days after presentation by
DESIGN/BUILDER of any proper invoice accompanied by the required update of the
Project #PUB0094 Page 18 of 47 Agreement
CPM, then DESIGN/BUILDER may, upon seven (7) days written notice to CITY and the
PROJECT MANAGER, stop work or terminate this Agreement and recover from CITY
payment for all work executed and any expense sustained plus reasonable termination
expenses.
ARTICLE 19
PLANS AND WORKING DRAWINGS
19.1 All approved plans, general and detail, are to be deemed a part of this
Agreement, and the plans and specifications and Agreement are to be considered
together, and are intended to be mutually complementary, so that any work shown on
the plans, though not specified in the specifications, and any work specified in the
specifications though not shown on the plans, is to be executed by DESIGN/BUILDER
as part of this Agreement. All things which in the opinion of the PROJECT MANAGER
may reasonably be inferred from this Agreement and plans as developed by
DESIGN/BUILDER and approved by the PROJECT MANAGER are to be executed by
DESIGN/BUILDER under the terms of this Agreement; and the PROJECT MANAGER
shall determine whether the detail plans conform to the Contract Documents, except as
may be otherwise determined by the PROJECT MANAGER. All plans, specifications,
and related technical documentation should be in the form of a CADD drawing file and
paper copy.
ARTICLE 20
DESIGN/BUILDER TO CHECK DRAWINGS AND DATA
20.1 DESIGN/BUILDER shall take measurements and verify all dimensions,
conditions, quantities, and details shown on the drawings, schedules, or other data
received from the PROJECT MANAGER, and shall notify the PROJECT MANAGER of
all errors, omissions, conflicts, and discrepancies found therein. Failure to discover or
correct errors, conflicts, or discrepancies shall not relieve DESIGN/BUILDER of full
responsibility for unsatisfactory work, faulty construction, or improper operation resulting
there from nor from rectifying such condition at DESIGN/BUILDERs own expense.
DESIGN/BUILDER will not be allowed to take advantage of any error or omission.
ARTICLE 21
WARRANTY
21 .I DESIGN/BUILDER warrants to CITY that all materials and equipment
furnished for the Project will be new unless otherwise specified and that all work for the
Project will be of good quality, free from faults and defects, and in conformance with the
Contract Documents. All work for the Project not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by the PROJECT MANAGER, DESIGN/BUILDER shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.
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ARTICLE 22
DELIVERY AND STORAGE OF MATERIALS AND PARTIAL PAYMENT THEREFOR
22.1 CITY may, at its sole option, allow partial payment for materials delivered
and stored either on or off site for use on the Project.
22.2 Material stored on the job site shall be verified as to quantity and condition
by the PROJECT MANAGER or hidher representative prior to receipt of any payment.
Safeguarding the material shall be the responsibility of DESIGN/BUILDER. Any
materials that have been lost, stolen, damaged, or otherwise deemed unacceptable by
the PROJECT MANAGER shall be replaced by DESIGN/BUILDER at no additional cost
to CITY.
22.3 Materials stored off the job site for which partial payment is sought shall
be stored in a bonded warehouse. The material shall be inspected by the PROJECT
MANAGER who will verify quantities and condition of all materials. Safeguarding the
material shall be the responsibility of DESIGN/BUILDER.
ARTICLE 23
GENERAL QUALITY OF WORK
23.1 Articles, materials, and equipment specified or shown on drawings shall
be new and shall be applied, installed, connected, erected, used, cleaned, and
conditioned for proper forming, as per the manufacturer's directions, and as approved
by the PROJECT MANAGER. DESIGN/BUILDER shall, if required, furnish satisfactory
evidence as to kind and quality of the materials.
23.2 DESIGN/BUILDER shall apply, install, connect, and erect manufactured
items or materials according to recommendations of manufacturer when such
recommendations are not in conflict with the Contract Documents. DESIGNIBUILDER
shall furnish copies of manufacturer's recommendations to the PROJECT MANAGER
before proceeding with the work.
ARTICLE 24
DEFECTIVE WORK
24.1 The PROJECT MANAGER shall have the authority to reject or disapprove
work for the Project, which the PROJECT MANAGER finds to be defective. If required
by the PROJECT MANAGER, DESIGN/BUlLDER shall promptly, as directed, correct all
defective work or remove it from the Project site and replace it with non-defective work.
DESIGN/BUlLDER shall bear all direct, indirect, and consequential costs of such
removal or correction.
24.2 If within one (1) year after substantial completion any work is found to be
defective or not in accordance with the Contract Documents, DESIGN/BUILDER shall
correct it promptly without cost to CITY, after receipt of written notice from CITY to do
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so, unless CITY has given DESIGN/BUILDER a written acceptance of such conditions.
Nothing contained herein shall be construed to establish a period of limitation with
respect to any other obligation, which DESIGN/BUlLDER might have under the Contract
Documents, including Article 21 hereof, or applicable state law.
24.3 Should DESIGN/BUILDER fail or refuse to remove or correct any
defective work performed for the Project or to make any necessary repairs in an
acceptable manner, and in accordance with the requirements of this Agreement within
the time indicated in writing, CITY shall have the authority to cause the unacceptable or
defective work to be removed or corrected, or make such repairs as may be necessary
to be made at DESIGNIBUILDER’s expense. Any expense incurred by CITY in making
these removals, corrections or repairs, which DESIGN/BUILDER has failed or refused
to make, shall be paid for out of any monies due or which may become due to
DESIGN/BUILDER, or may be charged against the bond or guaranty. Continued failure
or refusal on the part of DESIGN/BUILDER to make any or all necessary repairs
promptly, fully, and in acceptable manner shall be sufficient cause for CITY to declare
this Agreement forfeited, in which case CITY, at its option, may purchase materials,
tools, and equipment and employ labor or may contract with any other individual,
DESIGN/BUILDER or corporation, or may proceed with its own forces to perform the
work. All costs and expenses incurred thereby shall be charged against the defaulting
DESIGN/BUILDER, and the amount thereof deducted from any monies due, or which
may become due to DESIGN/BUILDER, or shall be charged against the bond or
guaranty. Any special work performed, as described herein, shall not relieve
DESIGN/BUILDER in any way from its responsibility for the work performed by it.
24.4 Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered or obligate CITY to final
acceptance.
ARTICLE 25
SUBCONTRACTS
25.1 DESIGN/BUILDER shall, after award and prior to the start of construction,
notify the PROJECT MANAGER in writing of the names of subcontractors proposed for
the Project and identify the portion of the work for the Project each will perform.
DESIGN/BUILDER shall have a continuing obligation to notify the PROJECT
MANAGER of any change in subcontractors. Notification of the names of
subcontractors shall not relieve DESIGN/BUlLDER from the prime responsibility of full
and complete satisfactory performance of all contractual obligations.
DESIGN/BUILDER shall solicit subcontractors from the CITY’S approved Proposer list.
DESIGN/BUILDER shall give first priority for award of all key subcontracts to local
(Palm Beach Gardens) contractors.
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ARTICLE 26
SEPARATE CONTRACTS
26.1 CITY reserves the right to let other contracts in connection with this
Project. DESIGN/BUILDER shall afford other contractors reasonable opportunity for the
introduction and storage of their materials and the execution of their work and shall
properly connect and coordinate this work with theirs.
26.2 If any part of DESIGN/BUILDERs work depends for proper execution or
results upon the work of any other contractors, DESIGN/BUILDER shall inspect and
promptly report to the PROJECT MANAGER any defects in such work that render it
unsuitable for such proper execution and results. DESIGN/BUILDER s failure to so
inspect and report shall constitute an acceptance of the other contractors’ work as fit
and proper for the reception of contractors’ work, except as to defects which may
develop in other contractors’ work after the execution of contractors’ work.
26.3 To insure the proper execution of its subsequent work, DESIGN/BUILDER
shall inspect the work already in place and shall at once report to the PROJECT
MANAGER any discrepancy between the executed work and the requirements of the
Contract Documents.
26.4 No claim for damages or any claim other than for an extension of time
shall be made or asserted against CITY by reason of any delays due to work of other
contractors.
ARTICLE 27
USE OF COMPLETED PORTIONS
CITY must inform the DESIGN/BUILDER prior to the completion negotiations
if any portion of this Project will be utilized prior to normal construction completion.
27.1 CITY shall have the right to take possession of and use any completed or
partially completed portions of the Project. Such possession and use shall not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. If such possession and use delays the Project, DESIGN/BUILDER shall be
entitled to reasonable extension of time, as determined by CITY.
27.2 In the event CITY takes possession, the following shall occur:
27.2.1 The PROJECT MANAGER shall give notice to DESIGN/BUILDER at least
fifteen (15) days in advance on intent to occupy a designated area.
27.2.2 DESIGNBUILDER shall bring the designated area to point of Substantial
Completion. When DESIGN/BUILDER considers that the designated area of the
Project is substantially complete, DESIGN/BUILDER shall so notify the PROJECT
MANAGER in writing and shall prepare for submission to the PROJECT MANAGER a
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list of items to be completed or corrected. The failure to include any items on such list
does not alter the responsibility of DESIGNIBUILDER to complete work on the
designated area in accordance with the Contract Documents. The PROJECT
MANAGER shall conduct an inspection to determine that the designated portion of the
Project is substantially complete. The PROJECT MANAGER will then instruct
DESIGN/BUILDER to deliver to CITY a Certificate of Occupancy pertinent to the
designated portion, which Certificate of Occupancy shall be issued by the appropriate
authority having jurisdiction over the Project. The PROJECT MANAGER and
DESIGN/BUILDER shall agree on the time within which DESIGN/BUILDER shall
complete the items listed.
27.2.3 Upon issuance and acceptance of Certificate of Substantial Completion
and Certificate of Occupancy (CO), CITY will assume full responsibility for maintenance,
utilities, and subsequent damages of CITY and public, adjustment of insurance
coverages and start of warranty for occupied area. DESIGN/BUILDER shall remain
responsible for all items listed to be completed or corrected as submitted to the
PROJECT MANAGER as required in substantial completion process.
27.2.4 If CITY finds it necessary to occupy or use a portion or portions of the
Project prior to Substantial Completion thereof, such occupancy or use shall not
commence prior to a time mutually agreed upon by the PROJECT MANAGER and
DESIGN/BUILDER and to which the insurance company or companies providing the
property insurance have consented by endorsement to the policy or policies. This
insurance shall not be canceled or lapsed on account of such partial occupancy or use.
Consent of DESIGN/BUILDER and of the insurance company or companies to such
occupancy or use shall not be unreasonably withheld.
ARTICLE 28
CONSTRUCTION AREA
28.1 DESIGN/BUILDER shall use areas approved by CITY for deliveries and
personnel. Contract limits of construction area are indicated on the drawings.
Equipment, material, and personnel shall be in conformance with this Contract.
28.2 To provide for maximum safety and security, DESlGN/BUlLDER shall
erect and maintain all necessary barricades and any other temporary walls and
structures, as required, and boarding to protect life and property during the period of
construction.
ARTICLE 29
LANDS FOR WORK
29.1 CITY shall provide, as indicated in the Contract Documents, the lands
upon which the Project is to be performed, rights-of-way, and easements for access
thereto, and such other lands as are designated for the use of DESIGN/BUILDER. No
claim for damages or other claim other than for an extension of time shall be made or
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asserted against CITY by reason of any delay arising as a result of any failure of CITY
to provide such lands on the date needed by DESIGN/BUILDER. The provisions of
Article 36 hereof shall apply.
ARTICLE 30
LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
30.1 DESIGN/BUILDER shall conform to all applicable laws, regulations,
codes, directives, guidelines, or ordinances with regard to labor employed, hours of
work, and DESIGN/BUILDERs general operations. DESlGNlBUlLDER shall also
conduct its operations so as not to close any thoroughfare, nor interfere in any way with
traffic on highways without the written consent of the proper authorities.
ARTICLE 31
DAMAGE TO EXISTING FACILITIES, EQUIPMENT, OR UTILITIES
31.1 Existing utilities have been shown on the drawings provided to
DESIGN/BUILDER insofar as information is reasonably available; however, it will be
DESIGN/BUILDERs responsibility to verify such information and to preserve all existing
utilities whether shown on the drawings or not. If utility conflicts are encountered by
DESIGN/BUILDER during construction, DESIGN/BUlLDER shall give sufficient notice to
the owners of the utilities so that they may make the necessary adjustments.
31.2 DESIGN/BUILDER shall exercise care and take all precautions during
excavation and construction operations to prevent damage to any existing facilities,
equipment, or utilities. Any damage caused by DESIGN/BUILDER shall be reported
immediately to the PROJECT MANAGER, and such work shall be repaired and/or
replaced by DESIGN/BUILDER in a manner approved by CITY. All costs to repair
and/or replace any damage to existing facilities, equipment, or utilities shall be the sole
responsibility of DESIGN/BUILDER, and such repair or replacement shall be performed
expeditiously without cost to CITY.
31.3 DESIGN/BUILDER shall provide that type of required protection for
finished work at all times and protect adjacent work during cleaning operations and
make good any damage resulting from neglect of this precaution.
31.4 Protection of work shall include protecting of work that is factory finished,
during transportation, storage, during and after installation. Where applicable and as
required, DESIGN/BUILDER shall close off spaces of areas where certain work has
been completed to protect it from any damages caused by others during their
opera ti ons.
31.5 DESIGN/BUILDER shall store materials and shall be responsible for and
shall maintain partly or wholly finished work during the continuance of the Contract and
until the final acceptance of the structure. If any materials or part of the work should be
lost, damaged, or destroyed by any cause or means whatsoever, DESIGN/BUILDER
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shall satisfactorily repair and replace the same at DESIGN/BUILDERs own cost.
DESIGNIBUILDER shall maintain suitable and sufficient guards and barriers, and at
night, suitable and sufficient lighting for the prevention of accidents.
31.6 To all applicable Sections where preparatory work is part of work thereon,
DESIGN/BUILDER shall carefully examine surfaces over which its finished work is to be
installed, laid, or applied, before commencing with the work. DESIGN/BUILDER shall
not proceed with said work until defective surfaces on which work is to be applied are
corrected satisfactorily to the PROJECT MANAGER. Commencement of work shall be
considered acceptance of surfaces and conditions.
ARTICLE 32
CONTINUATION OF THE WORK
32.1 DESIGN/BUILDER shall carry on the Project and adhere to the progress
schedule during all disputes or disagreements with CITY. No work shall be delayed or
postponed pending resolution of any disputes or disagreements.
ARTICLE 33
FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
33.1 The PROJECT MANAGER shall have the right to approve and issue field
orders setting forth written interpretations of the intent of the Contract Documents and
ordering minor changes in contract execution, providing the field order involves no
change in the total cost of the Project or the time of performance.
33.2 The PROJECT MANAGER shall have the right to approve and issue
supplemental instructions setting forth written orders, instructions, or interpretations
concerning this Agreement or its performance, provided they make no major changes in
contract execution and involve no change in the total cost of the Project or the time of
pe rfo rma n ce .
ARTICLE 34
CHANGE ORDERS
(CHANGES IN QUANTITIES OF WORK OR CONTRACT PRICE)
34.1 Changes in the quantity or character of work within the scope of this
Project, which are not properly the subject of field orders or supplemental instructions,
to include all changes resulting in changes in the total cost of the Project or the time of
performance, shall be authorized only by change orders approved and issued by CITY.
34.2 DESIGN/BUILDER shall not start work on any alteration requiring an
increase in price or extension of time for completion until a change order setting forth
the adjustments is approved by CITY.
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34.3 All changes to construction contracts must be approved in advance in
accordance with the value of the change order or the calculated value of the time
extension. All contract change orders of Fifty Thousand Dollars ($50,000.00) or more,
or twenty percent (20%) of the contract amount, whichever is greater, shall be
approved, in advance, by the Council. The approval of change orders less than Fifty
Thousand Dollars ($50,000.00) may be approved by the PROJECT MANAGER.
34.4 In the event satisfactory adjustment cannot be reached for any item
requiring a change order, CITY reserves the right, at its own option, to either terminate
this Agreement as it applies to the items in question and make such arrangements as
may be deemed necessary to complete the Project, or submit the matter in dispute to
the PROJECT MANAGER as set forth herein. During the pendency of the dispute
resolution, DESIGN/BUILDER shall proceed with the work set forth within the change
order if the estimated dollar amount of the change order is less than Fifty Thousand
Dollars ($50,000.00).
34.5 On approval of any change order increasing the price, DESIGN/BUILDER
shall ensure that the applicable Performance and Payment Bonds and Guarantees are
each increased so that it reflects the total amount of the Project as increased.
34.6 Change Orders may be issued unilaterally by CITY.
ARTICLE 35
VALUE OF CHANGE ORDER WORK
35.1 The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract sum shall be determined in one of the following
ways:
35.1.1 Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities of items involved,
subject to the provisions of Article 36 herein.
35.1.2 By mutual acceptance of a lump sum, this includes a DESIGN/BUILDER's
fee for overhead and profit and includes any subcontractor fees.
35.1.3On the basts of the "cost of the work determined as provided plus a
DESIGN/BUILDERs fee for overhead and profit, which is determined as, provided in the
applicable provisions of this Agreement.
35.2 The term "cost of work" means the sum of all costs necessarily incurred
and paid by DESIGN/BUILDER in the proper performance of the Project. Except as
otherwise may be agreed to in writing by CITY, such costs shall be in amounts no
higher than those prevailing in the locality of the Project, shall include only the following
items, and shall not include any other costs whatsoever:
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35.2.1 Payroll costs for employees in the direct employ of DESIGN/BUILDER in
the performance of the Project under schedules of job classifications agreed upon by
CITY and DESIGN/BUILDER. Payroll costs for employees not employed full-time on
the Project shall be apportioned on the basis of their time spent on the Project. Payroll
costs shall include, but not be limited to, salaries and wages, plus the cost of fringe
benefits, which shall include social security contributions, unemployment, excise and
payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick
leave, vacation, and holiday pay applicable thereto. Such employees shall include
superintendents and foremen at the Project site. The expenses of performing the work
after regular working hours, on Sunday or legal holidays shall be included in the above
to the extent authorized by CITY. Insurance and benefits will be based on single time.
35.2.2 Cost of all materials and equipment furnished and incorporated in the
Project, including costs of transportation and storage thereof, and manufacturers' field
services required in connection therewith. All cash discounts shall accrue to
DESIGN/BUILDER unless CITY deposits funds with DESIGN/BUILDER with which to
make payments, in which case the cash discounts shall accrue to CITY. All trade
discounts, rebates and refunds, and all returns from sale of surplus materials and
equipment shall accrue to CITY, and DESIGN/BUlLDER shall make provisions so that
they may be obtained.
35.2.3 Payments made by DESIGN/BUlLDER to subcontractors for work
performed by subcontractors. The term subcontractor shall include architects and
engineers employed for services specifically related to the Project. If required by the
PROJECT MANAGER, DESlGN/BUlLDER shall obtain competitive Proposals from
subcontractors acceptable to DESIGN/BUILDER and shall deliver such Proposals to
CITY who will then determine which Proposals will be accepted. If the subcontract
provides that the subcontractors are to be paid on the basis of cost of the work plus a
fee, the subcontractors' cost of the work shall be determined in the same manner as
DESIGN/BUILDERs cost of the work. Whenever a subcontractor is involved, a
complete and separate breakdown must be submitted by the subcontractor for its
portion of work. All subcontractors shall be subject to the other provisions of the
Contract Documents insofar as applicable.
35.2.4 Costs of special consultants including, but not limited to, testing
laboratories, surveyors, lawyers, and accountants employed for services specifically
related to the Project.
35.2.5 Supplemental costs, including the following:
35.2.5.1 The proportion of necessary transportation, travel, and subsistence
expenses of DESIGN/BUILDERs employees incurred in discharge of duties connected
with the Project.
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35.2.5.2 Cost, including transportation and maintenance, of all materials,
supplies, equipment, machinery, appliances, office and temporary facilities at the site
and hand tools not owned by the workers, which are consumed in the performance of
the Project, and cost less market value of such items used but not consumed which
remain the property of DESIGNIBUILDER.
35.2.5.3 Rentals of all construction equipment and machinery and the parts
thereof whether rented from DESIGN/BUILDER or others in accordance with rental
agreements approved by CITY and the costs of transportation, loading, unloading,
installation, dismantling, and removal thereof, all in accordance with the terms of said
agreements. The rental of any such equipment, machinery, or parts shall cease when
the use thereof is no longer necessary for the Project. Late charges, penalties,
restocking charges, and similar assessments in said agreements will not be recognized
by CITY as a supplemental cost.
35.2.5.4 Sales, use, or similar taxes related to the Project, and for which
DESIGN/BUILDER is liable, imposed by any governmental authority.
35.2.5.5 Deposits lost for causes other than DESIGN/BUILDERs
negligence, royalty payments, and fees for permits and licenses.
35.2.5.6 The cost of utilities, fuel, and sanitary facilities at the site.
35.2.5.7 Minor expenses such as telegrams, long-distance telephone calls,
telephone service at the site, expressage, and similar petty cash items in connection
with the Project.
35.2.5.8 Cost of premiums for additional bonds and insurance required
because of changes in the Project.
35.3 The term “cost of the work” shall not include any of the following:
35.3.1 Payroll costs and other compensation of DESIGN/BUILDERs officers,
executive, principals (of partnership and sole proprietorships), general managers,
estimators, lawyers, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by DESIGN/BUILDER
whether at the Project site or in DESIGN/BUILDERs principal or branch office for
general administration of the Project and not specifically included in the agreed-upon
schedule of job classifications referred to in Section 35.2.1, all of which are to be
considered administrative costs covered by DESIGN/BUILDER’s fee.
35.3.2 Expenses of DESIGN/BUILDERs principal and branch offices other than
DESIGN/BUILDERs office at the Project site.
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35.3.3 Any part of DESIGN/BUILDERs capital expenses, including interest on
DESIGN/BUILDER's capital employed for the Project and charged against
DESIGN/BUILDER for delinquent payments.
35.3.4Cost of premiums for all bonds and for all insurance whether or not
DESIGN/BUILDER is required by the Contract Documents to purchase and maintain the
same, except for additional bonds and insurance required because of changes in the
Project.
35.3.5 Costs due to the negligence of DESIGN/BUILDER or any subcontractors,
any consultants, or anyone directly or indirectly employed by any of them or for whose
acts any of them may be liable, including, but not limited to, the correction of defective
or nonconforming work, disposal of materials or equipment wrongly supplied, and
making good any damage to property.
35.3.6 Other overhead or general expense costs of any kind and the cost of any
item not specifically and expressly included in Section 35.2.
35.4 DESIGN/BUILDER's fee allowed to DESIGN/BUILDER for overhead and
profit shall be determined as follows:
35.4.1 A mutually acceptable fixed fee, which shall not exceed percentages, set
forth below; or if none can be agreed upon,
35.4.2A fee based on the following percentages of the various portions of the
cost of the work:
35.4.2.1 For costs incurred under Sections 35.2, 35.2.1 and 35.2.2,
DESIGN/BUILDERs fees shall not exceed ten percent (10%);
35.4.2.2 For costs incurred under Sections 35.2.3 or 35.2.4,
DESIGN/BUILDERs fee shall not exceed five percent (5%); and if a subcontract is on
the basis of cost of the work plus a fee, the maximum allowable to the subcontractor as
a fee for overhead and profit shall not exceed ten percent (10%); and
35.4.2.3 No fee shall be payable on the basis of cost itemized under
Sections 35.2.5 and 35.3.
35.5 The amount of credit to be allowed by DESIGN/BUILDER to CITY for any
such change, which results in a net decrease in cost, will be the amount of the actual
net decrease. When both additions and credits are involved in any one change, the
combined overhead and profit shall be figured on the basis of the net increase, if any.
35.6 Whenever the cost of any work is to be determined pursuant to Sections
35.1 through 35.2.4, DESIGN/BUILDER will submit, in a form acceptable to the
PROJECT MANAGER, an itemized cost breakdown together with the supporting data.
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35.7 Where the quantity of work with respect to any item that is covered by a
unit price is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate change order
may be issued to adjust the unit price, if warranted.
35.8 Whenever a change in the work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit, or no-change-in-cost,
DESIGN/BUILDER shall promptly submit to the PROJECT MANAGER an estimate
substantiated by a complete itemized breakdown.
35.8.1 Breakdown shall list quantities and unit prices for materials, labor,
equipment, and other items of cost.
35.8.2 Whenever a change involves DESIGN/BUILDER and one or more
subcontractors or consultants and the change is an increase in the contract price,
overhead, and profit percentages for DESIGN/BUILDER and each subcontractor or
consultant shall be itemized separately.
35.9 Each change order must state within the body of the change order
whether it is based upon unit price, negotiated lump sum, or "cost of work."
ARTICLE 36
CHANGE OF CONTRACT TIME OR CONTRACT SUM
36.1 The contract time set forth in Article 6 or the fee to be paid to
DESIGN/BUILDER may only be changed by a change order. Any claim for an
extension of the contract time or for an increase in the fee to be paid to
DESIGN/BUILDER shall be based on written notice delivered by the party making the
claim to the PROJECT MANAGER promptly (but in no event later than seven (7)
calendar days after the occurrence of the event giving rise to the claim and stating the
general nature of the claim). Notice of the extent of the claim with supporting data shall
be delivered within sixty (60) calendar days after such occurrence (unless PROJECT
MANAGER allows, in writing, an additional period of time to ascertain more accurate
data in support of the claim) and shall be accompanied by the claimant's written
statement that the adjustment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence of said event. All claims
for adjustment in the contract time or for an increase in the fee to be paid to
DESIGN/BUILDER shall be determined by the PROJECT MANAGER in accordance
with Article IO. No claim for an adjustment in the contract time or for an increase in the
fee to be paid to DESIGN/BUILDER will be valid if not submitted in strict accordance
with the requirements of this Article.
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36.2 The contract time will be extended in an amount equal to time lost due to
days beyond the control of and through no fault or negligence of DESIGN/BUILDER if a
claim is made therefore as provided in Article 36.1. Such delays shall include, but not
be limited to, acts of neglect by CITY, or by any employee of CITY, or any separate
contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal
weather conditions, or acts of God.
ARTICLE 37
NO DAMAGES FOR DELAY
37.1 REGARDLESS OF ANY PROVISION TO THE CONTRARY, NO CLAIM
FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME
SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS.
DESIGN/BUILDER shall not be entitled to an increase in the Contract Sum or payment
or compensation of any kind from CITY for direct, indirect, consequential, impact or
other costs, expenses, or damages, including, but not limited to, costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any
cause whatsoever, whether such delay, disruption, interference or hindrance be
reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable. DESIGN/BUILDER shall be entitled only to extensions of the contract time
as the sole and exclusive remedy for such resulting delays, in accordance with and to
the extent specifically provided above.
ARTICLE 38
SUBSTANTIAL COMPLETION
38.1 When DESIGN/BUILDER considers that the Project, or a designated
portion thereof which is acceptable to CITY, is substantially complete, and all
certificates of occupancy have been obtained, DESIGN/BUILDER shall so notify the
PROJECT MANAGER in writing and shall prepare for submission to the PROJECT
MANAGER a thorough list of items to be completed or corrected, together with a
schedule for completion of all items. The failure to include any items on such list does
not alter the responsibility of DESIGN/BUILDER to complete all work in accordance with
the Contract Documents.
38.2 The PROJECT MANAGER shall conduct an inspection to determine that
the Project or designated portion thereof is substantially complete. The PROJECT
MANAGER will then instruct DESIGN/BUILDER to prepare and deliver to the PROJECT
MANAGER a Certificate of Substantial Completion, which shall establish the date of
Substantial Completion. After review of the Certificate by the PROJECT MANAGER,
CITY shall either accept or reject the Certificate. The PROJECT MANAGER shall fix
the time within which DESIGN/BUILDER shall complete the items listed therein.
Warranties required by the Contract Documents shall commence on the date of
Substantial Completion. The Certificate of Substantial Completion shall be submitted to
CITY through the PROJECT MANAGER and DESIGN/BUILDER for their written
acceptance of the responsibilities assigned to them in such Certificate.
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ARTICLE 39
SHOP DRAWINGS
39.1 DESIGN/BUILDER shall submit Shop Drawings for all equipment,
apparatus, machinery, fixtures, piping, wiring, fabricated structures, and manufactured
articles. The purpose of the Shop Drawings is to show the suitability, efficiency,
technique of manufacture, installation requirements, details of the item, and evidence of
its compliance or noncompliance with the Contract Documents.
39.2 DESIGN/BUILDER shall submit to the PROJECT MANAGER a complete
list of preliminary data on items for which Shop Drawings are to be submitted. Approval
of this list by the PROJECT MANAGER shall in no way relieve DESIGN/BUILDER from
submitting complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in order to
expedite final approval of Shop Drawings.
39.3 After the approval of the list of items required in Section 39.2 above,
DESIGN/BUILDER shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers.
39.4 DESIGN/BUILDER shall thoroughly review and check the Shop Drawings
and each and every copy shall show DESIGN/BUILDERs approval thereon.
39.5 If the Shop Drawings show or indicate departures from the Contract
requirements, DESIGN/BUILDER shall make specific mention thereof in its letter of
transmittal. Failure to point out such departures shall not relieve DESIGN/BUILDER
from its responsibility to comply with the Contract Documents.
39.6 No work called for by Shop Drawings shall be done until the said Drawings
have been approved by the PROJECT MANAGER. Approval shall not relieve
DESIGN/BUILDER and Consultant from responsibility for errors or omissions of any sort
on the Shop Drawings.
39.7 No approval will be given to partial submittal of Shop Drawings for items,
which interconnect and/or are interdependent. It is DESIGN/BUILDERs responsibility
to assemble the Shop Drawings for all such interconnecting and/or interdependent
items, check them itself and then make one (1) submittal to the PROJECT MANAGER
along with DESIGN/BUILDERs comments as to compliance, noncompliance, or
features requiring special attention.
39.8 If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes on such drawings
shall be typewritten or lettered in ink.
Project #PUB0094 Page 32 of 47 Agreement
39.9 DESIGN/BUILDER shall submit to the PROJECT MANAGER the number
of copies required by the PROJECT MANAGER. Resubmissions of Shop Drawings
shall be made in the same quantity until final approval is obtained.
39.10 The PROJECT MANAGER'S approval of the Shop Drawings will be
general and shall not relieve DESIGN/BUILDER of responsibility for the accuracy of
such Drawings, nor for the proper fittings and construction of the work, nor for the
furnishing of the materials or work required by the Contract and not indicated on the
Drawings. No work called for by Shop Drawings shall be done until the said Drawings
have been approved by the PROJECT MANAGER. Approval shall not relieve
DESIGN/BUILDER from responsibility for errors or omissions of any sort on the Shop
Drawings.
39.1 1 DESIGN/BUILDER shall keep one set of Shop Drawings marked with the
PROJECT MANAGER'S approval at the Project site at all times.
ARTICLE 40
FIELD ENGINEERING
40.1 DESIGN/BUILDER shall provide and pay for field engineering services
required for the Project. This work shall include the following elements:
40.1 .I Survey work required in execution of the Project.
40.1.2 Civil, structural, or other professional engineering services specified or
required to execute DESIGN/BUILDER's construction methods.
ARTICLE 41
FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
41 .I The entire responsibility for establishing and maintaining a line and grade
in the field lies with DESIGN/BUILDER. DESIGN/BUILDER shall maintain an accurate
and precise record of the location and elevation of all pipelines, conduits, structures,
manholes, handholds, fittings, and the like and shall deliver these records in good order
to the PROJECT MANAGER as the work is completed. These records shall serve as a
basis for record drawings. The cost of all such field layout and recording work is
included in the prices Proposal for the appropriate items
41.2 DESIGN/BUILDER shall maintain in a safe place at the site one (1) record
copy of all Drawings (Plans), Specifications, Addenda, written amendments, Change
Orders, and written interpretations and clarifications in good order, annotated to show
all changes made during construction, and in a format compatible with CADD
equipment. These record documents, together with all approved samples and a
counterpart of all approved Shop Drawings, will be available to the PROJECT
MANAGER for reference. Upon completion of the Project, these record documents,
samples, and Shop Drawings shall be delivered to the PROJECT MANAGER.
Project #PUB0094 Page 33 of 47 Agreement
41.3 At the completion of the Project, DESIGN/BUILDER shall turn over to
CITY a set of reproducible drawings (Mylars), which accurately reflect the "as-built"
conditions of the new facility and in a format compatible with the CITY'S CADD
equipment. All changes made to the construction documents, either as clarifications or
as changes, will be reflected in the plans. The changes shall be submitted on Mylar at
least monthly to the PROJECT MANAGER. These "as-built" drawings must be signed
& sealed by a Registered Florida Engineer or Architect and must be delivered and found
to be acceptable prior to final payments.
ARTICLE 42
SAFETY AND PROTECTION
42.1 DESIGN/BUILDER shall be responsible for initiating, maintaining, and
supervising all safety precautions and programs in connection with the Project.
DESIGN/BUILDER shall take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage, injury, or loss to:
42.1.1 All employees on the Project and other persons who may be affected
thereby;
42.1.2All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
42.1.3 Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures, and utilities not designated for removal,
relocation, or replacement in the course of construction.
42.2 DESIGN/BUILDER shall comply with all applicable laws, ordinances,
rules, codes, directives, guidelines, regulations, and orders of any public body having
jurisdiction for the safety of persons or property or to protect them from damage, injury,
or loss, and shall erect and maintain all necessary safeguards for such safety and
protection. DESIGN/BUILDER shall notify owners of adjacent property and utilities
when prosecution of the work may affect them. All damage, injury or loss to any
property referred to in Sections 42.1.2 and 42.1.3 above, caused directly or indirectly, in
whole or in part, by DESIGN/BUILDER, any subcontractor or consultant or anyone
directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, shall be remedied by DESIGN/BUILDER. DESIGN/BUILDERs duties
and responsibilities for the safety and protection of the Project shall continue until such
time as all the Project is completed, and the PROJECT MANAGER has issued a notice
to DESIGN/BUILDER that the Project is acceptable except as otherwise provided in
Article 27, Use of Completed Portions.
42.3 DESIGN/BUILDER shall designate a responsible member of its
organization at the Project site whose duty shall be the prevention of accidents. This
person shall be DESIGN/BUILDERs Designated Representative unless otherwise
designated in writing by DESIGN/BUILDER to CITY.
Project #PUB0094 Page 34 of 47
ARTICLE 43
PAYMENT FOR TESTS BY DESIGN/BUILDER
43.1 Except when otherwise specified in the Contract Documents, the expense
of all tests and test reports shall be borne by DESIGNIBUILDER.
ARTICLE 44
PROJECT SIGNAGE
44.1 DESIGN/BUILDER shall furnish and erect one construction sign at the
Project site as directed by the PROJECT MANAGER. DESIGN/BUILDER may install
signage at the site subject to approval by the PROJECT MANAGER.
ARTICLE 45
CLEANING UP AND REMOVAL OF EQUIPMENT
45.1 DESIGN/BUILDER shall at all times keep the Project site free from
accumulation of waste materials or rubbish caused by DESIGN/BUILDERs operations.
At the completion of the Project, DESIGN/BUILDER shall remove all its waste materials
and rubbish from and about the Project as well as its tools, construction equipment,
machinery and surplus materials. If DESIGNIBUILDER fails to clean up at the
completion of the Project, CITY may do so, and the cost thereof shall be charged to
DESIGN/BUILDER.
45.2 CITY'S Riqht to Clean UR - If a dispute arises between DESIGN/BUILDER
and separate contractors as to responsibility for cleaning up, CITY may clean up, and
charge the cost thereof to the contractors responsible therefore as the PROJECT
MANAGER shall determine to be just.
45.3 Removal of Equbment - In case of termination of this Agreement before
completion for any cause whatever, DESIGN/BUILDER, if notified to do so by CITY,
shall promptly remove any part or all of DESIGN/BUILDERs equipment and supplies
from the property of CITY, failing which CITY shall have the right to remove such
equipment and supplies at the expense of DESIGNIBUILDER.
ARTICLE 46
BO N DS, IN DE M N IF KAT ION AN D IN SU RAN CE
Within fifteen (15) days of being notified of the award of this Project,
DESIGN/BUILDER shall furnish a Performance and Payment Guaranty consisting of
either:
Project #PUB0094 Page 35 of 47 Agreement
46.1 Performance and Payment Bond (Surety)
46.1 .I A Performance and Payment Bond (separate Performance Bond and
separate Payment Bond) of the form and containing all the provisions of the
Performance and Payment Bond (Performance Bond and Payment Bond forms)
attached hereto and made a part hereof.
46.1.2 The Bonds shall be in the amount of one hundred percent (100%) of the
Contract amount guaranteeing to CITY the completion and performance of the Project
covered in this Agreement, as well as full payment of all suppliers, material men,
laborers, or subcontractors employed pursuant to this Project. Such Bonds shall be
with a surety company, which is qualified pursuant to Section 46.3, Qualifications of
Suretv.
46.1.3 Such Bonds shall continue in effect for one (1) year after completion and
acceptance of the Project with liability equal to one hundred percent (100%) of the
Contract price, or an additional bond shall be conditioned that DESIGN/BUILDER will,
upon notification by CITY, correct any defective or faulty work or materials which appear
within one (1) year after completion of the Contract.
46.2 Performance and Pavment Guarantv
46.2.1 In lieu of a Performance and Payment Bond, DESIGN/BUILDER may
furnish an alternate form of security, which may be in the form of cash, money order,
certified check, cashier's check, or irrevocable letter of credit. Such alternate forms of
security shall be for the same purpose, shall be subject to the same conditions as those
applicable above, and shall be held by CITY for one (1) year after completion and
acceptance of the Project.
46.3 Qualifications of Suretv
46.3.1 A Performance Bond and separate Payment Bond must be executed by a
surety company shown on the United States Treasury approved list of companies and
also authorized to do business in the State of Florida. Both bonds shall show CITY as
obligee.
46.3.2 The surety company shall have at least the following minimum ratings in
the latest version of Best's Insurance Report:
Project #PUB0094 Page 36 of 47 Agreement
Amount of Bond Best, ~i~~~~i~l Po I i cy hol d errs
Rati nas w Size Category
500.001 to 1 .OOO.OOO B+ Class I
1,000,001 to 2,000,000 B+ Class II
2.000.001 to 5.000.000 A Class Ill
5,000,001 to -10,000,000 A Class IV
10,000,001 to A Class V
25,000,000
25,000,001 to A Class VI
50,000,000
50,000,001 or more A Class VI1
46.4 Indemnification of Citv
46.4.1 DESIGN/BUILDER shall indemnify and hold harmless the City, and its
officers and employees, from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the DESIGN/BUILDER and other
persons employed or utilized by DESIGN/BUILDER in the performance of the contract.
46.4.2 The indemnification provided above shall obligate DESIGN/BUILDER to
defend at its own expense to and through appellate, supplemental or bankruptcy
proceeding, or to provide for such defense, at the City Attorney's option, any and all
claims of liability and all suits and actions of every name and description that may be
brought against CITY which may result from the operations and activities under this
Agreement whether performed by DESIGN/BUILDER, its subcontractors, its
consultants, or by anyone directly or indirectly employed by any of the above.
46.4.3 The execution of this Agreement by DESIGN/BUILDER shall obligate
DESIGN/BUILDER to comply with the foregoing indemnification provision; however, the
collateral obligation of insuring this indemnity must be complied with as set forth in
Section 46.4.
46.4.4The Payment and Performance Bond required herein shall be in
conformance with Florida Statutes 255.051 5 and shall be on such forms provided by the
CITY.
Project #PUB0094 Page 37 of 47
46.5 Insurance - DESIGN/BUILDER shall provide, pay for, and maintain in
force at all times during the Project, such insurance, including Workers' Compensation
Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance,
and shall require Consultant to provide, pay for, and maintain in force at all times during
the Project Professional Liability Insurance, as will assure to CITY the protection
contained in the foregoing indemnification and save harmless clauses undertaken by
DESIGN/BUILDER. The Comprehensive General Liability Policy shall clearly identify
the foregoing indemnification and save harmless clauses by the additional named
insured endorsement under this Article.
Such policy or policies shall be issued by companies authorized to do business in
the State of Florida and have a resident agent licensed in Florida. DESIGN/BUILDER
shall specifically protect CITY by naming CITY as an additional named insured under
the Comprehensive General Liability Insurance Policy hereinafter described. The
Professional Liability Policy or certificate and the bond shall reference this Project.
46.5.1 Professional Liability insurance with limits of liability provided by such
policy not less than One Million Dollars ($1,000,000) each claim to assure CITY the
indemnification specified herein. Such policy may carry a deductible; however, any
deductible shall not exceed Fifty Thousand Dollars ($50,000) for each claim. The
Certificate of Insurance for Professional Liability Insurance shall reference the
applicable deductible and the Project.
46.5.2 Workers' Compensation Insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of Florida and all
applicable federal laws. In addition, the policy(ies) must include Employer's Liability
with limits of One Hundred Thousand Dollars ($1 00,000) per occurrence.
46.5.3 Comprehensive General Liability with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability must include:
a.
b. Independent contractors.
c.
d.
e. Broad Form Property Damage.
f.
g.
Premises and/or Operations on an occurrence basis.
Products and/or Completed Operations Liability on an occurrence basis.
Explosion, Collapse, and Underground Coverages.
Broad Form Contractual Coverage applicable to this specific Agreement,
including any hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employees and Contractual Exclusions
removed with minimum limits of coverage equal to those required for
Bodily injury Liability and Property Damage Liability.
Project #PUB0094 Page 38 of 47 Agreement
46.5.4 Business Automobile Liabilitv with minimum limits of Three Hundred
Thousand Dollars ($300,000) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability Policy, without
restrictive endorsements, as filed by the Insurance Services Office and must include:
Owned vehicles.
Non-owned and hired vehicles.
46.5.5 Builder's Risk Insurance coverage shall be "all risk with limits equal to
One Hundred Percent (100%) of the completed value of the structure(s), building(s), or
addition(s). Where the contract calls for the install of machinery or equipment, the
policy must be endorsed to provide coverage on an "all risk basis during transit and
installation. The Builder's Risk policy is issued with a deductible not to exceed Five
Thousand Dollars ($5,000.00) for any peril insured.
46.5.6 Notice of Cancellation, Expiration, and/or Restriction: The policy (ies) must
be endorsed to provide CITY with thirty (30) days advanced written notice of
cancellation, expiration, and/or restriction, to the attention of the PROJECT MANAGER,
10500 North Military Trail, Palm Beach Gardens, FL 33410.
46.5.7 DESIGN/BUILDER shall furnish to the PROJECT MANAGER
Certificate(s) of Insurance evidencing the insurance coverages required herein prior to
final award by the Board. Such certificate(s) shall reference this Agreement. CITY
reserves the right to require a certified copy of such policies upon request. All
certificates shall state that CITY shall be given thirty (30) days prior written notice of
cancellation and/or expiration.
46.5.8 The official title of the owner is "City of Palm Beach Gardens." This official
title shall be used in all insurance or other legal documentation. CITY is to be included
as "Additional Insured" with respect to liability arising out of operations performed for
CITY by or on behalf of DESIGN/BUILDER or acts or omissions of DESIGN/BUILDER
in connection with such operation.
ARTICLE 47
MISCELLANEOUS
47.1 Rovalties and Patents - All fees, royalties, and claims for any invention, or
pretended invention, or patent of any article, material, arrangement appliance or method
that may be used upon or in any manner be connected with the construction of this
Project or appurtenances, are hereby included in the prices stipulated in this Agreement
for said Project.
Project #PUB0094 Page 39 of 47 Agreement
47.2 Rights of Various Interests - Whenever work being done by CITY's forces
or by other contractors is contiguous to work covered by this Agreement, the respective
rights of the various interests involved shall be established by the PROJECT
MANAGER to secure the completion of the various portions of the work in general
harmony.
47.3 OwnershiD of Documents - Drawings, specifications, designs, models,
photographs, computer CADD discs, reports, surveys, and other data provided in
connection with this Agreement are and shall become and remain the property of CITY
whether the Project for which they are made is executed or not. At the completion of
the Project, as a part of the Project closeout, copies of all drawings on CADD shall be
transmitted by DESIGN/BUILDER to the PROJECT MANAGER in addition to the as-
built drawings (Mylars).
47.4 Records - DESIGN/BUILDER shall keep such records and accounts and
require any and all architects, consultants, and subcontractors to keep records and
accounts as may be necessary in order to record complete and correct entries as to
personnel hours charged to this engagement. Such books and records will be available
at all reasonable times for examination and audit by CITY and for the required retention
period of the Florida Public Records Act (Chapter 11 9, Florida Statutes), if applicable, or
if the Florida Public Records Act is not applicable, for a minimum period of three (3)
years after termination of this Agreement. If any audit has been initiated and audit
findings have not been resolved at the end of the retention period or three (3) years,
whichever is longer, the books, records, and accounts shall be retained until resolution
of the audit findings. If the Florida Public Records Act is determined by CITY to be
applicable to DESIGN/BUILDER's records, DESIGN/BUlLDER shall comply with all
requirements thereof; however, no confidentiality or nondisclosure requirement of either
federal or state law shall be violated by DESIGN/BUILDER. Any incomplete or incorrect
entry in such books, records, and accounts shall be a basis for CITY's disallowance and
recovery of any payment upon such entry.
47.5 No Continqent Fee - DESIGNIBUILDER warrants that it has not employed
or retained any company or person, other than a bona fide employee working solely for
DESIGNIBUILDER, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona
fide employee working solely for DESIGN/BUILDER, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this provision, CITY shall have the right to
terminate this Agreement without liability at its discretion, to deduct from the contract
price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
Project #PUB0094 Page 40 of 47 Agreement
47.6 Representative of Citv and DesiwdBuilder
47.6.1 It is recognized that questions in the day-to-day conduct of the Project will
arise. All communications pertaining to the day-to-day conduct of the Project shall be
addressed to the PROJECT MANAGER.
47.6.2 DESIGN/BUILDER shall inform the PROJECT MANAGER in writing of the
representative of DESIGN/BUILDER to whom matters involving the day-to-day conduct
of the Project shall be addressed.
47.7 All Prior Agreements Superseded; Amendments - The Contract
Documents incorporate and include all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained
herein, and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained
in the Contract Documents. Accordingly, it is agreed that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements, whether oral
or written.
It is further agreed that no modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
47.8 Notices - Whenever either party desires to give notice unto the other, it
must be given by written notice, sent by certified United States mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last specified;
and the place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. For the present, the
parties designate the following as the respective places for giving of notice, to-wit:
For CITY:
Todd Engle, Construction Services Director
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
For DESIGN/BUILDER:
Richard Marks
Ahrens Companies, Inc.
1461 Kinetic Road
Lake Park, FL 33403
Project #PUB0094 Page 41 of47
47.9 Truth-In-Negotiation Certificate - Signature of this Agreement by
DESIGN/BUILDER shall act as the execution of a truth-in-negotiation certificate stating
that wage rates and other factual unit costs supporting the compensation of this
Agreement are accurate, complete, and current at the time of contracting. The original
Contract Price and any additions thereto shall be adjusted to exclude any significant
sums, by which CITY determines the Contract Price was increased due to inaccurate,
incomplete, or non-current wage rates and other factual unit costs. All such contract
adjustments shall be made within one (I) year following the end of this Agreement.
47.10 Interpretation - The parties hereto acknowledge and agree that the
language used in this Agreement expresses their mutual intent, and no rule of strict
construction shall apply to either party hereto. The headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning
or interpretation of this Agreement. All personal pronouns used in this Agreement shall
include the other gender, and the singular shall include the plural, and vice versa,
unless the context otherwise requires. Terms such as "herein, "hereof," "hereunder,"
and "hereinafter" refer to this Agreement as a whole and not to the particular sentence,
paragraph, or Section where they appear, unless the context requires otherwise.
Whenever reference is made to a Section or Article of this Agreement, such reference is
to the Section or Article as a whole, including all of the subsections and subparagraphs
of such Section or Article, unless the reference is expressly made to a particular
subsection or subparagraph of such Section or Article.
47.1 1 Condition Precedent to Agreement - It is understood by the parties to this
Agreement that all duties and obligations as set forth herein for the Design and
Construction Phases of the Project (with accompanying Support Facilities, if applicable),
including the issuance of any Notice to Proceed, are contingent upon and shall not be
binding upon CITY until such time as DESIGN/BUILDER has obtained all necessary
permits, authorizations, zoning designations, variances, and approvals of whatever
nature from the appropriate governmental entities or regulatory bodies that may be
required for the construction of the Project with accompanying support facilities as set
forth in Article 5 entitled SCOPE OF WORK, and delineated in the drawings to be
prepared by DESIGN/BUILDER and approved by CITY.
The parties hereto acknowledge that as of the date of execution of this
Agreement certain necessary governmental approvals, including, but not limited to,
those matters set forth above, may not have been obtained by DESIGN/BUILDER in
order to lawfully commence the Project. CITY shall not be responsible or liable for any
damages of any nature whatsoever, including but not limited to, direct, indirect,
consequential, impact or other costs and expenses, which may arise as a result of, or
connected to, the failure of any governmental entity, other than CITY, refusing to grant
any necessary approval, permit, variance, or any other required consent which may be
necessary to commence construction of the Project, or which may arise as a result of
any delay in the granting of any such approval, permit, variance or other required
consent.
Project #PUB0094 Page 42 of 47 Agreement
47.12 Environmental Resulations - CITY reserves the right to consider a
DESIGN/BUILDER's history of citations and/or violations of environmental regulations in
investigating a DESIGN/BUILDER's responsibility, and further reserves the right to
declare a DESIGN/BUILDER not responsible if the history of violations warrant such
determination in the opinion of CITY. DESIGNIBUILDER shall notify CITY immediately
of notice of any citation or violation, which DESIGN/BUILDER may receive during the
time of performance of this contract.
47.1 3 Cooperative Purchasinq Aqreement - DESIGN/BUILDER agrees that its
acceptance of the terms and conditions of this Agreement also constitutes a proposal to
all state agencies, political subdivisions, and municipalities of the State of Florida under
the same conditions, for the same prices, and for the same effective period as this
Agreement, should DESIGN/BUlLDER deem it in the best interest of its business to do
so.
This Agreement in no way restricts or interferes with any state agency or political
subdivision of the State of Florida, or Florida municipality, to re-propose any or all items
for its own purposes. DESIGN/BUILDER agrees that CITY shall be the priority party
over any other parties utilizing this Agreement or any portion thereof for work performed
by DESIGN/BUILDER, and that DESIGN/BUILDER shall perform its work for CITY first.
47.14 Applicable Law and Venue - This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. Venue
for litigation concerning this Agreement shall be in Palm Beach County, Florida.
47.1 5 Public Entitv Crime Statement - DESIGN/BUILDER acknowledges the
existence of Section 287.1 33(2)(a), Florida Statutes ("Public Entity Crimes Act"), which
provides, in part, that a person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a Proposal on a
contract to provide any goods or services to CITY, may not submit a Proposal on a
contract with CITY for the construction or repair of a public building or public work, may
not submit Proposals on leases of real property to CITY, may not be awarded or
perform work as a DESIGN/BUILDER, supplier, subcontractor, or consultant under a
contract with CITY, and may not transact business with CITY in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a
period of thirty-six (36) months from the date of being placed on the convicted vendor
list. Violation of this Section by DESIGN/BUILDER shall result in termination of this
Agreement by CITY without penalty.
47.16 Joint Preparation - The preparation of this Agreement has been a joint
effort of the parties, and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other by
virtue of the fact that it may have been physically prepared by one party or its attorneys.
Project #PUB0094 Page 43 of 47 Agreement
47.17 Severance - In the event this Agreement or a portion of this Agreement is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless CITY or DESIGN/BUILDER elects to terminate this
Agreement. The election to terminate this Agreement based upon this provision shall
be made within seven (7) days after the finding by the court becomes final.
47.18 Waiver - No waiver of any provision of this Agreement shall be effective
unless it is in writing, signed by the party against whom it is asserted, and any such
written waiver shall only be applicable to the specific instance to which it relates and
shall not be deemed to be a continuing or future waiver.
47.19 Druq-Free Workplace - Execution of this Agreement by
DESIGN/BUILDER shall serve as DESIGN/BUILDERs certification that it either has or
that it will establish a drug-free workplace consistent with Chapter 112.0455, Florida
Statutes.
47.20 Conflicts - Neither DESIGN/BUILDER nor its employees shall have or hold
any continuing or frequently recurring employment or contractual relationship that is
substantially antagonistic or incompatible with DESIGN/BUILDER’s loyal and
conscientious exercise of judgment related to its performance under this Agreement.
DESIGN/BUILDER agrees that none of its employees shall, during the term of
this Agreement, serve as an adverse or hostile expert witness against CITY in any legal
or administrative proceeding in which he or she is not a party, unless compelled by
court process, nor shall such persons give sworn testimony or issue a report or writing,
as an expression of his or her opinion, which is adverse or prejudicial to the interests of
CITY in any such pending or threatened legal or administrative proceeding. The
limitations of this Section shall not preclude such persons from representing themselves
in any action or in any administrative or legal proceeding regarding this Agreement.
In the event DESIGN/BUILDER is permitted to utilize subcontractors to perform
any services required by this Agreement, DESIGN/BUILDER agrees to prohibit such
subcontractors, by written contract, from having any conflicts as within the meaning of
this Section.
ARTICLE 48
SALES TAX INFORMATION
48.1 The Owner Direct Special Conditions (Sales Tax Information) are
incorporated herein by reference.
Project #PUB0094 Page 44 of 47 Agreement
ARTICLE 49
SUPPLEMENTAL CONDITIONS
49.1 When the Contractor herein and/or Construction Manager at Risk receives
payment from the Owner for labor, services, or materials furnished by subcontractor and
suppliers hired by the Contractor, the Contractor shall remit payment due those parties
within ten (IO) days after receipt of payment from the Owner, unless otherwise provided
for by Florida Law.
The parties hereto agree to develop a list of uncompleted items which shall be
known as the "Punch List", which shall be those items that are required to be completed
by the Contractor and/or Construction Manager at Risk, which ever the case may be,
within thirty (30) days after the date set for Substantial Completion in the Contract
Documents. If the Project herein is a phased project, the parties agree to develop such
Punch List for each phase based upon the date(s) set for Substantial Completion of
each phase within the time set forth above.
The Owner shall provide the Contractor and or the Construction Manager at Risk,
which ever the case may be, with a list of Punch List items developed by either, the
Owner, or it's Architect and/or Engineer, or other consultant, which ever the case may
be. The Contractor and/or Construction Manager at Risk agree to the Punch List
developed herein and this process. Regardless of the foregoing, nothing herein shall
alter the responsibility of the Contractor and/or Construction Manager at Risk to
complete all construction services, materials, and items contracted herein by the Owner.
The Owner shall have the right, but not the obligation, to withhold the Owners,
Architects and/or Engineers estimated cost of completion for such items on the Punch
List referenced above. The Contractor and/or Construction Manager at Risk, by
execution of this Contract, agree to the same. Regardless of any provision to the
contrary, the Owner may withhold from each of the Contractor's and/or Construction
Manager at Risk's pay requests an amount not to exceed ten percent (10%) of the
payment as retainage until fifty percent (50%) of completion of the Work/Project as
determined by either the Owner or It's Architect, Engineer, or other consultant, as the
case may be. The Contractor and Construction Manager at Risk by execution of this
Agreement hereby agree to the same. After fifty percent (50%) completion of the
Work/Project, as determined herein, the Owner agrees to reduce the retainage to five
percent (5%) of each draw schedule/pay request/progress payment of the Contractor
and/or Construction Manager at Risk. Regardless of the foregoing, nothing here herein
shall require the Owner to reduce retainage to the Contractor and or Construction
Manager at Risk if the Owner has determined that the Contractor is in default, or if the
Owner, or any of Its consultants reasonably believes that the retainage and/or future
payments to the Contractor and/or Construction Manager at Risk will not be enough for
the Owner to complete the Project or cover its damages as a result of the Contractor
and/or Construction Manager at Risk's breach or default, or for any reason, or there is a
good faith dispute by Owner against the Contractor and/or Construction Manager at
Risk or its bonding company. This provision shall not apply to any funds related to such
Federal Funds.
Project #PUB0094 Page 45 of 47 Agreement
With regard to uncompleted Punch List item(s), the Owner may withhold one
hundred fifty percent (1 50%) of the uncompleted item(s) until satisfactorily completed by
the Contractor.
Any indemnification in this Contract is limited by the greater of the insurance
required by the Contractor or Five Million Dollars ($5,000,000).
(The remainder of this page intentionally left blank)
Project #PUB0094 Page 46 of 47 Agreement
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: CITY through its CITY
COUNCIL signing by and through its Mayor, authorized to execute same by Council
action on the day of , 2007, and Ahrens Companies, Inc.,
signing by and through its President, duly authorized to execute same.
CITY OF PALM BEACH GARDENS, a
municipal corporation of the State of
Florida
ATTEST:
By:
Joseph R. Russo, Mayor
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
ATTEST: AHRENS COMPANIES, INC.
By:
(Secretary)
L
(Corporate Seal)
WITNESSES:
By:
G:\attorney-share\AGREEMENTS\Design-Build Agreement with Ahrens.dE
Project #PUB0094 Page 47 of 47
During the course of this Project, the City of Palm Beach Gardens (hereinafter referred
to as “City”) may issue a change order or change orders to delete from the contract
certain items that the City desires to purchase directly and furnish to Contractor for use
in the Project. Contractor agrees that if City desires to issue such Change Order(s),
Contractor will assist the City in identifying appropriate materials and equipment to be
included in the Change Order(s), will execute such Change Order(s) and will participate
in this tax savings program at no additional cost to the City. Furthermore, Contractor
agrees to abide by and comply with the following Special Conditions.
SPECIAL CONDITIONS
PROVISIONS GOVERNING STATE OF FLORIDA
SALE AND USE TAX EXEMPTION FOR
CITY-FURNISHED MATERIALS
1. Sales and Use Taxes. The City is exempt from paying sales a 3 use taxes on
materials and equipment purchased for, and incorporated into the, City Project
Number 2002-017 (hereinafter the “Project”). The work (“work) shall mean all
things and matters necessary to complete the project by the contractor in
accordance with the contract documents and is also defined as otherwise
provided for herein. The City may make direct purchases of some or all materials
and equipment purchased for, or to be incorporated into the Project, as agreed to
by the Contractor and agreed upon by the City in the form of a change order. All
direct purchases of materials and equipment shall be made by the City with funds
specifically allocated for the construction of the Project. Material suppliers shall
be competitively bid by the Contractor and its subcontractors. The Contractor
shall include the price for all construction materials in its bid. The Contractor shall
provide the City a list of all intended suppliers, vendors and material men for
consideration as City Purchased Materials. This list shall be submitted at the
same time as the preliminary schedule of values. The Contractor shall submit
price quotes from the vendors, as well as a description of the materials to be
supplied, estimated quantities and prices and as provided below. The Contractor
shall notify the City no later than 30 calendar days after request by City of the
requested materials and equipment to be purchased by the City for the Project.
The standard City of Palm Beach Gardens Terms and Conditions applicable to
this program are included as Attachment A to this section. Each equipment
supplier of equipment to be provided under the Sales Tax Recovery Program
shall be obligated to meet the requirements of the City of Palm Beach Gardens
Terms and Conditions and the Technical Specifications.
1 .I The Contractor shall: (a) compile Contractor’s and any Subcontractors’
itemized requirement for materials and equipment, including quantities,
unit costs, manufacturers’ or vendors’ catalogue or order numbers,
delivery instructions, and other specific terms and information that are
required to order the specific materials and equipment, and terms and
conditions to be imposed on suppliers regarding delivery and submittal
Project #PUB0094 Page 1 of 9 Sales Tax Information
1.2
1.3
1.4
Project #PUB0094
time requirements’ and quantities thereof required by Contractor or
Subcontractors in accordance with the applicable requirements of the
Construction Contract, from time to time, during the construction of the
Project, as materials and equipment need to be ordered for the Project,
and submit such compilation to the City’s Project Manager: (b) prepare a
requisition for such materials and equipment on the City’s form of
requisition: and (c) deliver any such requisition to the City’s Construction
Project Manager no less than thirty (30) days prior to the date the
manufacturer or vendor of the materials or equipment, as the case may
be, requires orders for such materials or equipment to be placed to assure
delivery of such materials or equipment to the Site in accordance with the
Project Schedule (the “Order Date”). The requisition shall identify the
Order Date. Upon receipt of any such requisition the City’s Construction
Project Manager shall forward the same to the City’s Purchasing
Department. The City shall issue a Purchase Order directly to the vendor
of the materials or equipment, prior to the Order Date (a Purchase Order).
The City shall include with any such Purchase Order, a copy of the City’s
sales and use tax exemption certificate. The City shall make direct
payment to the vendor from the City’s account.
The Contractor, upon the delivery of any such materials or equipment,
shall verify the conformity of such materials or equipment with the terms of
the Purchase Order and the Contract Documents. If the Contractor
determines that the materials and equipment are conforming, the City
shall take title and possession of such material and equipment before
such materials and equipment are incorporated into the Project. If the
Contractor determines that the materials and equipment are non-
conforming’ the Contractor shall immediately notify the City in writing and
the City shall reject such material and equipment.
The City shall assume all risk of loss on all materials and equipment
purchased pursuant to its sales and use tax exemption’ subject to the
provisions of section 1 .IO below. The City shall maintain Builder’s Risk
Insurance for the full insurable value for all materials and equipment
purchased as a result of the Owner Direct Purchasing Program herein.
This coverage shall be in addition to all other coverage required in Section
1 .I 1 below or as otherwise provided in these Construction Documents and
Contract.
To the extent that materials and equipment are purchased pursuant to the
City’s sales and use tax exemption, the Contractor shall reduce the
Contract Amount and the penal sum of its public construction bond by
1.06 times the cost of the materials and equipment purchased directly by
the City.
Page 2 of 9
1.5 The Contractor shall be fully responsible for all matters relating to the
receipt of materials and equipment furnished by the City in accordance
with this Special Condition, including, but not limited to, the responsibility
for verifying correct quantities, verifying documents or orders in a timely
manner, coordinating purchases, providing and obtaining all warranties
and guarantees required by the Contract Documents, inspection and
acceptance of the materials and equipment at the time of delivery, and
loss or damage to materials and equipment following acceptance of items
due to the negligence of such Contractor or any Subcontractors or other
party. The Contractor shall coordinate delivery schedules, sequence of
delivery, loading orientation, and other arrangements normally required by
such Contractor for the particular materials furnished. The Contractor
shall provide or arrange for all services required for the unloading,
handling and storage of such materials and equipment through
installation.
1.6 The Contractor shall visually inspect all shipments from material and
equipment vendors purchased directly by the City in accordance with this
Special Condition (the “City Furnished Materials”) and approve the
vendors’ invoices for materials or equipment delivered, as City-Furnished
Materials are furnished to the Site in accordance with this Special
Condition. The Contractor shall assure that each delivery of the City
Furnished Materials is accomplished by documentation adequate to
identify the Purchase Order against which the purchase is made. This
documentation may consist of a delivery ticket and an invoice from the
vendor conforming to the Purchase Order, together with such additional
information as the City may require. The Contractor shall deliver to the
City’s Construction Project Manager all invoices for materials and
equipment upon verification by such Contractor that the materials and
equipment conform exactly to the Contract Documents and the Purchase
Order. Upon receipt of any invoice for City Furnished Materials, the City’s
Construction Project Manager shall accept such materials and deliver
such invoice to the City for payment directly to the vendor.
1.7 The Contractor shall inspect all City Furnished Materials to determine that
such City Furnished Materials conform to the Contract Documents,
including the Drawings and the Plans and Specifications, and to determine
prior to incorporation into the Work whether any such City Furnished
Materials are patently defective, and whether such City Furnished
Materials are identical to the materials ordered and match the description
of the bill of lading and the Purchase Order. If Contractor discovers
defective or non-conforming City Furnished Materials upon such visual
inspection, Contractor shall: (1 ) not recommend acceptance of such non-
conforming materials and equipment, (b) not utilize such non-conforming
or defective materials in the Work; (c) not allow Subcontractor to utilize
such non-conforming or defective materials in the Work; and (d) promptly
Project #PUB0094 Page 3 of 9 Sales Tax Information
1.8
1.9
1 .IO
1.11
notify the City’s Construction Project Manager, in writing, of the defective
or non-conforming condition so that repair or replacement of those City
Furnished Materials can occur without any undue delay or interruption to
the Project. In the event that such Contractor fails to perform such
inspection or otherwise incorporates into the Work such defective or non-
conforming City Furnished Materials, the Contractor shall be responsible
for the repair and replacement of defective or non-conforming materials, at
its sole cost and expense.
The Contractor shall maintain written and detailed records of all City
Furnished Materials incorporated into the Work from the stock of City
Furnished Materials. The Contractor shall account monthly to the City’s
Construction Project Manager and City for any City Furnished Materials
delivered to the Site, indicating which City Furnished Materials have been
incorporated into the Work.
The Contractor shall be responsible for obtaining and managing all
warranties and guarantees for all City Furnished Materials. All repair,
maintenance or damage-repair calls shall be forwarded by the City to the
Contractor for resolution with the appropriate vendor, supplier or
Subcontractor. The Contractor warrants represents and covenants that it
shall be responsible for all warranties and guarantees of the City
Furnished Materials.
After the City takes possession of the City Furnished Materials at the Site,
possession of the City’s Furnished Material shall immediately and
automatically transfer to the Contractor without notice. The transfer of
possession of City Furnished Materials from the City to the Contractor
shall constitute a bailment for the mutual benefit of the City and such
Contractor. The City shall be considered the bailor and such Contractor
the bailee of the City Furnished Materials. City Furnished Materials shall
be considered returned to the City for purposes of their bailment at such
time as they are incorporated into the Project or consumed in the process
of completing the Project and they are accepted in writing by the City upon
final completion and acceptance of the Project by the City.
The Contractor shall purchase and maintain builder’s risk insurance
sufficient to protect against loss of or damage to City-Furnished Materials.
Such insurance shall cover the full value of any City-Furnished Materials
between the time the City and or Contractor or its agents first takes title to
and possession of any of such City-Furnished Materials until final
completion of the Work. The Contractor shall also maintain any other
insurance with such deductible amounts that the City’s Risk Manager
deems necessary as it relates to the City Furnished Materials.
Project #PUB0094 Page 4 of 9 Sales Tax Information
1 .I2
1 .I3
1 .I4
1.15
Project #PUB0094
The City shall not be liable for any interruption or delay damages in the
Project by virtue of ordering the City Furnished Materials, for any defects
or other problems with the Project by virtue of ordering the City Furnished
Materials, or for any extra costs resulting from any delay in the delivery of,
or defects in, the City Furnished Materials.
The Contractor, on a monthly basis, shall review invoices submitted by all
vendors of City Furnished Materials delivered to the Site during the prior
month and either concur or object to the City’s Issuance of payment to the
vendors, based upon such contractor’s records of materials delivered to
the Site and whether any of the City Furnished Materials for which
payment has not been made were either non-conforming or defective.
In order to arrange for the prompt payment to the vendor, the Contractor
shall provide to the City’s Construction Project Manager a list of the
acceptance of the goods or materials within fifteen (15) days of receipt of
said goods or materials. Accompanying the list shall be a copy of the
applicable Purchase Order, invoices, delivery tickets, written acceptance
of the delivered items, and such other documentation as may be
reasonably required by the City. Upon receipt of the appropriate
documentation, the City shall prepare a check payable to the vendor
based upon the receipt of data provided. This check will be released,
delivered and remitted directly to the vendor. The Contractor shall assist
the City to immediately obtain partial or final release of waivers as
appropriate. The City shall not make any payment without the appropriate
Contractor’s concurrence and approval, which shall be delivered to the
City by the City’s Construction Project Manager. There shall be no
retention on City Furnished Materials against either the vendor, the
Contractor(s) or the Subcontractor(s).
The Contractor and or the City may, in its or their reasonable discretion,
require certain material and equipment vendors to provide a supply bond
in the amount of one-hundred percent (100%) of the Purchase Order
price. The supply bond, if required, shall be issued by a qualified surety
company authorized to do business in the State of Florida and acceptable
to the City. If the supply bond is required, the costs thereof will be added
to the amount of the Purchase Order. The Contractor shall verify that a
vendor can furnish a supply bond. All bonds will name the City and the
Contractor as additional obligees.
Page 5 of 9 Sales Tax Information
TERMS AND CONDITIONS
Attachment A
The following Terms and Conditions are applicable to this order entered into by and
between the City of Palm Beach Gardens (referred to as Buyer) and Vendor (referred to as
Se I I e r) .
ACCEPTANCE
Seller’s acceptance of this order will be presumed unless Seller acknowledges
exception, in writing, to Buyer within ten (IO) calendar days after date of order.
ANT I- D I SC RI MI NATION
Sellers doing business with the City of Palm Beach Gardens are prohibited from
discriminating against any employee, applicant, or client because of race, color,
religion, disability, sex, age, national origin, ancestry, marital status, or sexual
orientation with regard to but not limited to the following employment practices,
rates of pay or other compensation methods, and training selection.
ASSIGNMENTS
Any assignment of this order, performance of work hereunder, in whole or in part, or
monies due or to become due hereunder, shall be void unless consented to by
Buyer in writing and Buyer shall have no obligations to any assignee of Seller under
any assignment not consented to in writing by Buyer.
DEFAULT
In the event of default by the Seller, Buyer may procure the articles or services
covered by this order from other sources and hold the seller responsible for any
excess costs occasioned thereby.
DELIVERIES
Deliveries are to be made during hours 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding holidays, unless otherwise stipulated. Seller shall notify the
Buyer of deliveries that require special handling and/or assistance for off-loading.
Failure to notify the Buyer concerning this type of delivery will result in the billing
to Seller of any add-on re-delivery, storage, or handling charges.
EXCUSABLEDELAYS
The Buyer may grant additional time for any delay or failure to perform hereunder if
the delay will not adversely impact the best interest of the City of Palm Beach
Gardens and is due to causes beyond the control of the Seller. Such grant must be
in writing and made part of the order.
F.O.B.
In those cases where prices stated are not F.O.B. Destination, Seller is required to
prepay charges and list on invoices.
Project #PUB0094 Page 6 of 9 Sales Tax Information
I N D EM N I F ICkTlO N
To the extent authorized by law, Seller shall indemnify, save and hold harmless
the City of Palm Beach Gardens, its employees and agents against any and all
claims, damages, liability and court awards including costs, expenses and
attorney fees incurred as a result of any act or omission by the Seller, or its
employees, agents, subcontractors of assignees pursuant to the terms of this
order.
I N S PECTION
All Commodities delivered on this order are subject to inspection upon receipt by
a representative of the City of Palm Beach Gardens. All rejected commodities
shall remain the property of the Seller and will be returned at the Seller’s
expense.
INVOICING
Seller must render original invoice to the City of Palm Beach Gardens, Attention
Director of Capital Improvements, 10500 North Military Trail., Palm Beach Gardens,
FL 33410 with a copy to the Director of Finance and the Director of Capital
Improvements at the address stated herein.
LEGAL RESPONSI Bl LlTY
By accepting this order, Seller understands and agrees that the items covered
herein, or services to be rendered, shall be manufactured, sold or performed in
compliance with applicable Federal, State, County and Local laws, ordinances,
rules, codes and regulations. Lack of knowledge by the Seller shall in no way be
a cause for relief from responsibility.
LIABILITY-COPYRIGHT/PATENT/TRADEMARK
Seller shall save and hold harmless the City of Palm Beach Gardens, its
employees and agents from liability for infringement of any United States patent,
trademark or copyright trademark or copyright for or on account of the use of any
product sold to Buyer or used in the performance of this order.
MODI F ICATION S
No modifications of this order shall be binding upon Buyer unless approved by an
authorized representative of Buyer’s Purchasing Office.
OCCUPATIONAL SAFETY AND HEALTH
Seller compliance required under Chapter 442, Florida Statutes, that any toxic
substance delivered as a part of this order must be accompanied by a Material
Safety Data Sheet (MSDS).
ORDER NUMBER
Order Number must appear on all invoices, packing slips, shipping notices,
freight bills, and correspondence concerning this order.
Project #PUB0094 Page 7 of 9 Sales Tax Information
PAYMENT CHANGES
Payments will be made only to the company and address as set forth on order
unless the Seller has requested a change thereto on official company letterhead,
signed by an authorized officer of the company.
PU BLlC ITY
No endorsement by the City of Palm Beach Gardens of the product and/or
service will be used by Seller in any way, manner or form in product literature or
advertising .
QUANTITIES
Quantities specified in the order cannot be changed without Buyer’s prior written
approval. Goods shipped in excess of quantity designated may be returned at
S el I er’ s expense.
REPRESENTATIVES
All parties to this order agree that the representatives named herein are, in fact,
bona fide and possess full and complete authority to bind said parties.
RES PONS I B I L ITY
Responsibility will not be accepted for any goods delivered 01
unless covered by a duly authorized City of Palm Beach
order.
services performed
Gardens purchase
TAX
The City of Palm Beach Gardens is exempt from Federal and State taxes for
tangible personal property. Sellers doing business with the City of Palm Beach
Gardens shall not be exempt from paying sales tax to their suppliers for materials
to fulfill contractual obligations with the City of Palm Beach Gardens, nor shall
any Seller be authorized to use the City of Palm Beach Gardens’ Tax Exemption
Number in securing such materials.
TERM I NATlO N
Buyer reserves the right to terminate this order in whole or in part for default (a) if
Seller fails to perform in accordance with any of the requirements of this order or (b)
if Seller becomes insolvent or suspends any of its operations or if any petition is
filed of proceeding commenced by or against Seller under any State or Federal law
relating to bankruptcy, arrangement, reorganization, receivership or assignment for
the benefit of creditors. Any such termination will be without liability to Buyer except
for completed items delivered and accepted by the City of Palm Beach Gardens.
Seller will be liable for excess cost of re-procurement.
TERMS
By accepting this order, the Seller agrees that payment terms shall be in accord
with the Florida Prompt Payment Act, Florida Statute 218.70, et seq.
Sales Tax Information Project #PUB0094 Page 8 of 9
UNACCEPTABLE TERMS
No provision of Vendor’s agreement to supply the ordered goods, equipment, or
materials shall in any way limit Vendor’s liability for damages caused by defects
in the materials incorporated in, nor the design or manufacture of, Vendor’s
equipment, goods, or materials. Vendor‘s agreement shall not include any
provision requiring the City of Palm Beach Gardens to pay Vendor’s reasonable
attorney’s fees in any dispute or claim arising out of this purchase order.
UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as
the basis for contractual obligations between the Seller and City of Palm Beach
Gardens for any terms and conditions not specifically stated in this order.
VENUE
Any and all legal actions arising from or necessary to enforce this contract will be
held in Palm Beach County, Florida and the service of process and interpretation
of contractual obligation shall be in accordance with the laws of the State of
Florida.
WARRANTY
Vendor acknowledges that the materials being ordered are for incorporation into
a construction project being built for the City of Palm Beach Gardens pursuant to
a contract with a construction contractor. Vendor agrees that it shall warrant its
goods, equipment, or materials being ordered herein in compliance with Vendor’s
normal warranties, or in compliance with the warranty provisions of the
construction contract, the terms of which are incorporated herein, whichever
warranty provides the City of Palm Beach Gardens with the greatest protection.
Project #PUB0094 Page 9 of 9 Sales Tax information
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 7,2007
Meeting Date: June 7, 2007
Resolution 54, 2007
SubjectlAgenda Item: Approve a Work Authorization and Notice to Proceed to
Landscape Service Professionals, Inc., in the amount of $89,150.00, based on their Annual
Landscaping and Irrigation Services Contract to provide and install an irrigation system in
PGA National Park.
[XI Recommendation to APPROVE I1 Recommendation to DENY
Reviewed by:
City Attorne i
Finan e m’ istrator 6
I Departmec - Administrator
City Mhnadr
Originating Dept.:
Jennifer Gorman
Special Projects Y=
Todd Engle, P.E.
Direct0
Advertised: NIA
Date:
Paper:
[ x ] Not Required
Affected parties
Aied
[ x ] Not required
Costs:$89,150
(Total)
Costs: $89,150
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
001.2000.572.6900
Council Action:
[ ]Approved
[ ] Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 54, 2007
0 Exhibit A: Landscape
Service
Professionals, Inc.,
quotation
Authorization and
Notice to Proceed
0 Exhibit B: Work
[ ]None
Date Prepared: May 7,2007
Meeting Date: June 7, 2007
Resolution 54, 2007
BACKGROUND:
The PGA Park Repair Project was approved as part of the 2005/2006 capital improvement
plan. One of the elements included in this project is replacement of the existing irrigation
system. The pump and a portion of the mainline pipe have already been replaced as part
of this project. The remaining irrigation system was destroyed during the 2004 hurricane
and is now inoperable. The City wishes to replace the remaining portion of the irrigation
system for the purpose of irrigating the multipurpose fields as well as the park common
areas.
Landscape Service Professionals, Inc., is currently contracted with the City under the
Annual Landscaping and Irrigation Contract renewal approved on July 13, 2006. The
equipment cost and installation of the new system will be $89,150. If approved, work is
anticipated to be complete within 60 days of commencement. Funding for this project was
approved on April 6, 2006 by City Council as part of Resolution 37, 2006 through the
issuance of a public improvement note.
STAFF RECOMMENDATION: Approve Resolution 54,2007 as presented.
Date Prepared: May 7, 2007
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RESOLUTION 54,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WORK
AUTHORIZATION AND NOTICE TO PROCEED TO LANDSCAPE
SERVICE PROFESSIONALS, INC., BASED ON ITS ANNUAL
LANDSCAPING AND IRRIGATION SERVICES CONTRACT DATED
SEPTEMBER 15,2005, FOR MATERIALS AND INSTALLATION OF
IRRIGATION IMPROVEMENTS AT PGA NATIONAL PARK; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to replace an aging and inefficient irrigation system
at PGA National Park; and
WHEREAS, the City renewed the Annual Landscaping and Irrigation Services
Contract with Landscape Service Professionals, Inc. on July 13, 2006; and
WHEREAS, the City received a quotation from Landscape Service Professionals,
Inc., in the amount of $89,150.00 for irrigation materials and replacement at PGA
National Park, attached hereto as Exhibit “A; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a Work Authorization and Notice to Proceed to Landscape Service Professionals, Inc.,
which is attached hereto as Exhibit “B”; and
WHEREAS, the City Council deems 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 approves a Work Authorization and Notice
to Proceed for the materials and installation of irrigation improvements at PGA National
Park to Landscape Service Professionals, Inc. for an amount not to exceed $89,150.00,
and authorizes the Mayor and City Clerk to execute said Work Authorization and Notice
to Proceed.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: May 7, 2007
Resolution 54, 2007
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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 LEVY
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
JABLIN
VALECHE
BARNETT
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\Landscape Service Professionals-Irrigation -reso 54 2007.doc
2
EXHIBIT “A”
Date Prepared: May 7, 2007
Resolution 54, 2007
' Landscape Service Professionals, Inc.
6115 N.W. 77th Way
Tamarac, FL 3332'1
Quotation
Quote Number
135
Phone: 954-721-6920 Fax: 954-721-6923
Quobed fb: City of Palm Beach Gardens 10500 N. Military Trail
Palm Beach Gardens, F1; 33410-4698
Quote Date: Apr 27, 2007
Page: 1
Palm Beach Garden
-., - .- ,- .-.
Quantitv - ..- .--
2,700.00
29.00
14 .oo
264.00
525.00
20,000.00
2,200.00
5,800.00
'1,300.00
4,300.00
2,100.00
I
I I .... ----
z0/z0 39Ud
5/27/07 Net 10 Days
--..- .-. -. -- ..-. - .-
Description -. .-. _..- -- ..- .-. .-.. .--
D I MAINLINE
!'I P220 TOR0 VALVES
!O X 17 VALVE BOXES
COR0 2001 HEADS,
'OR0 6" POP UPS
,2 GAUGE WIRE
I" LATERAL LlNE . 1/2" LATERAL LINE ." LATERAL LrNE
1/4" LATERAL LLNE
! 1/2* 'LATERAL LINE
.- I -.. -. - - .-
Unit Price
-. .-- -
6.00
250.00
35 .oo
40.00
9.00
0.25
3.75
3.00
2.25
1.50
1.50
.-.. ..-
Subtotal
Sales Tax
Total .. -.
16,200.00
7,259.00
490.00
10,560.00
4,725.00
5,000.00
8,250.00
17,400.00
9,675.00
6,450.00
3t150.00
89,150 .OO
-. -- ..-
Date Prepared: May 7, 2007
Resolution 54, 2007
EXHIBIT “B”
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
WORK AUTHORIZATION AND NOTICE TO PROCEED
PROJECT NO. REC 0074 DATE:
PROJECT TITLE: PGA Park Repairs
CONTRACTOR: Landscape Service Professionals, Inc.
You are hereby requested to proceed with the following work, as outlined in the proposal
attached hereto, and all work shall be pursuant to those items in the Annual Landscaping and
Irrigation Services Contract dated July 13, 2006. By this reference incorporated herein, for this
project and to perform the work accordingly, subject to all contract stipulations, covenants and
conditions.
For an amount not to exceed $89,150.00
The contractor agrees that work shall be complete within 60 daw of this notice.
The Contractor agrees to provide the City with payment and performance bonds for the full
contract amount of $89,150.00 prior to commencement of work, and the bonds required herein
shall be in accordance with F.S. 255.05 Bonds.
It is hereby agreed that the amount of damages for each day passed the date set for final
completion shall be $200.00 per day, and not as a penalty, but as liquidated damages for every
day of delay in finishing the work in excess of the number of working days prescribed above for
final completion. The Contractor hereby agrees that said sum shall be deducted from monies
dire the Contractor under the contract or if no money is due the Contractor, the Contractor
hereby agrees to pay to the City as liquidated damages, and not as a penalty such total sum as
shall be due for such delay, computed above.
Tstf UNDERSIGNED, BY EXECUTION OF THIS WORK AUTHORIZATION AND NOTICE TO
PROCED, AGREES TO BE BOUND BY THE TERM
PR'OXCT MANAGER (-
I (sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION
Community Services 001.2000.572.6900
DEPARTMENT ACCOUNT NUMBER
CITY OF PALM BEACH GARDENS, FLORIDA
RECOMMEND:
DEPARTMENT HEAD MAYOR
REVIEW: ATTEST:
CITY CLERK
4 CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 7,2007
Meeting Date: June 7,2007
Resolution 55,2007
SubjecVAgenda Item: Approve a Work Authorization and Notice to Proceed to
Landscape Service Professionals, Inc., in the amount of $51,726.00, based on their Annual
Landscaping and Irrigation Services Contract to provide and install landscaping at the
Burns Road Community Recreation Center.
[XI Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
City httorney
Approved by:
&&
City Manag6
Originating Dept.:
Jennifer Gorman
Special Projects F
Todd Engle, P.E.
Construction Services
Director 2f
Advertised: NIA
Date:
Paper:
[ x ] Not Required
Affected parties
[ x ] Not required
Costs:$51,726
(Total)
Costs: $51,726
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
001.2000.572.6900
Council Action:
[ ]Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 55, 2007
Exhibit A: Landscape
Service
Professionals, Inc.,
quotation
Exhibit B: Work
Authorization and
Notice to Proceed
[ ]None
Date Prepared: May 7,2007
Meeting Date: June 7, 2007
Resolution 55, 2007
BACKGROUND:
In 2005, after the Burns Road Community Recreation Center competition pool was
constructed, new landscaping was installed and the existing irrigation system was
extended. The following year, a new pump and additional irrigation surrounding the
Community Center building was installed to further support the added landscaping. In
March 2007, the irrigation system was expanded to cover the remaining Community Center
grounds, parking lot and jogging trail area.
The City wishes to install landscaping in the remaining grounds, parking lot and the area
surrounding the jogging trail for the purpose of completing the landscaping portion of this
project.
Landscape Service Professionals, Inc., is currently contracted with the City under the
Annual Landscaping and Irrigation Contract renewal approved on July 13, 2006. The
material cost and installation of the landscaping proposed is $51,726. If approved, work is
anticipated to be complete within 60 days of commencement. A work authorization will be
issued for the planting to commence only after the current drought restrictions have been
lifted. Funding for this project was approved on April 6, 2006 by City Council as part of
Resolution 37, 2006 through the issuance of a public improvement note.
STAFF RECOMMENDATION: Approve Resolution 55,2007 as presented.
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RESOLUTION 55,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WORK
AUTHORIZATION AND NOTICE TO PROCEED TO LANDSCAPE
SERVICE PROFESSIONALS, INC., BASED ON ITS ANNUAL
LANDSCAPING AND IRRIGATION SERVICES CONTRACT DATED
SEPTEMBER 15,2005, FOR MATERIALS AND INSTALLATION OF
LANDSCAPING IMPROVEMENTS AT BURNS ROAD COMMUNITY
RECREATION CENTER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to install additional landscaping at the Burns Road
Community Recreation Center; and
WHEREAS, the City renewed a contract with Landscape Service Professionals,
Inc. for annual landscaping and irrigation services on July 13, 2006; and
WHEREAS, the City received a quotation from Landscape Service Professionals,
Inc., in the amount of $51,726 for landscaping materials and installation at Burns Road
Community Recreation Center, which quote is attached hereto as Exhibit “A; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a Work Authorization and Notice to Proceed to Landscape Service Professionals, Inc.,
which is attached hereto as Exhibit “B”; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems 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 approves a Work Authorization and Notice
to Proceed for the materials and installation of irrigation improvements to Landscape
Service Professionals, Inc., for an amount not to exceed $51,726, and authorizes the
Mayor and City Clerk to execute said Work Authorization Notice to Proceed.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: May 7, 2007
Resolution 55. 2007
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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 LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTIONS\Landscape Service Professionals-Landscaping -reso 55 2007.dcc
2
Date Prepared: May 7, 2007
Resolution 55, 2007
EXHIBIT “A”
I
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EXHIBIT “B”
~~~
Date Prepared. May 7, 2007
Resolution 55, 2007
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
WORK AUTHORIZATION
PROJECT NO. REC 0072 DATE:
PROJECT TITLE: BRCRC Renovations
CONTRACTOR: Landscape Service Professionals, Inc.
You are hereby requested to proceed with the following work, as outlined in the proposal
attached hereto, and all work shall be pursuant to those items in the Annual Landscaping and
Irrigation Services Contract dated July 13, 2006. By this reference incorporated herein, for this
project and to perform the work accordingly, subject to all contract stipulations, covenants and
conditions.
For an amount not to exceed $51,726.00
The contractor agrees that work shall be complete within 60 davs from the date of the issuance
of the Notice to Proceed.
It is herby agreed that the notice to proceed will be issued after the current drought restrictions
have been lifted. The City will notify Landscape Services Professionals, Inc. of the start date by
the issuance of a Notice to Proceed.
The Contractor agrees to provide the City with payment and performance bonds for the full
contract amount of $51,726.00 prior to commencement of work, and the bonds required herein
shall be in accordance with F.S. 255.05 Bonds.
It is hereby agreed that the amount of damages for each day passed the date set for final
completion shall be $200.00 per day, and not as a penalty, but as liquidated damages for every
day of delay in finishing the work in excess of the number of working days prescribed above for
final completion. The Contractor hereby agrees that said sum shall be deducted from monies
due the Contractor under the contract or if no money is due the Contractor, the Contractor
hereby agrees to pay to the City as liquidated damages, and not as a penalty such total sum as
shall be due for such delay, computed above.
THE UNDERSIGNED, BY EXECUTION OF THIS WORK
PRGCEEQ, AGREES TO BE BOUND BY TH
TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
I ATTORNEY CITY CLERK
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
WORK AUTHORIZATION
PROJECT NO. REC 0072 DATE:
PROJECT TITLE: BRCRC Renovations
CONTRACTOR: Landscape Service Professionals, Inc.
You are hereby requested to proceed with the following work, as outlined in the proposal
attached hereto, and all work shall be pursuant to those items in the Annual Landscaping and
Irrigation Services Contract dated July 13, 2006. By this reference incorporated herein, for this
project and to perform the work accordingly, subject to all contract stipulations, covenants and
conditions.
For an amount not to exceed $51,726.00
The contractor agrees that work shall be complete within 60 days from the date of the issuance
of the Notice to Proceed.
It is herby agreed that the notice to proceed will be issued after the current drought restrictions
have been lifted. The City will notify Landscape Services Professionals, Inc. of the start date by
the issuance of a Notice to Proceed.
The Contractor agrees to provide the City with payment and performance bonds for the full
contract amount of $51,726.00 prior to commencement of work, and the bonds required herein
shall be in accordance with F.S. 255.05 Bonds.
It is hereby agreed that the amount of damages for each day passed the date set for final
completion shall be $200.00 per day, and not as a penalty, but as liquidated damages for every
day of delay in finishing the work in excess of the number of working days prescribed above for
final completion. The Contractor hereby agrees that said sum shall be deducted from monies
due the Contractor under the contract or if no money is due the Contractor, the Contractor
hereby agrees to pay to the City as liquidated damages, and not as a penalty such total sum as
shall be due for such delay, computed above.
THE UNDERSIGNED, BY EXECUTION OF THIS WORK AUTHORIZATION AND NOTICE TO
PROCEED, AGREES TO BE BOUND BY
TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION
Community Services
DEPARTMENT
RECOMM
00 1 .2000.572.6900
ACCOUNT NUMBER
CITY OF PALM BEACH GARDENS, FLORIDA
MAYOR
ATTEST:
CITY ATTORNEY CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 17,2007
Meeting Date: June 7, 2007
Subject/Agenda Item: Presentation of quarterly financial report
[XI Recommendation to APPROVE
[ 1 Recommendation to DENY
Reviewed by:
City Attorn y \F
Submitted by: 2-
Departnient Director
Originating Dept.
Finance 6
Advertised:
[XI Not Required
Affected parties
[ ]Notified
[XI Not required
Costs: -0-
(Total)
-0-
Current FY
Funding Source:
[ ]Operating
[XI Other NIA
Budget Acct.#:
NIA
Council Action:
[ ] Approved
[ ]Approved w/
conditions
[ 3 Denied
[ ] Continued to:
Attach ents :
0 Quarterly
financial report
313 112007
[ ]None
Date Prepared: May 17,2007
Meeting Date: June 7, 2007
BACKGROUND:
As required by Code of Ordinances Article XIII, Section 13- 1, the Council
may request other financial reports throughout the year. We are pleased to present
the quarterly financial report for the period ended March 3 1, 2007.
Some of the highlights contained within the report include:
> Total General Fund revenues through the second quarter were
$57.3 million, compared to $52 million for the same period last
year.
P Total General Fund expenditures through the second quarter were
$34.5 million, compared to $28.7 million for the same period last
year.
> The total investment portfolio as of March 31, 2007 was $60.9
million, compared to $69.5 million at December 3 1, 2006.
P On January 16, 2007 the City wired approximately $3.2 million to
the Florida Retirement System (FRS) for the purchase of up to 9.75
years of past service. Approximately $3.5 million was received in
the prior quarter fi-om ICMA fi-om the forfeiture of employer
contributions for those employees who elected FRS.
> The City continues the replacement of existing sports lighting at
two PGA National Park softball fields due to hurricane damage as
well as upgrading poles with Musco Sports Lighting. The amount
paid to Davco Electrical in the second quarter for this work was
$48 1,300.
P On February 16, 2007 the City received $1 15,742 in auction
proceeds. The majority of items sold at the auction held February
3'd were police vehicles and motorcycles.
"I. The firm of McGladrey & Pullen completed the annual audit in
March, and presented our annual Comprehensive Annual Financial
Report to Council April 5, 2007.
0 MISC/OTHER: N/A
0 STAFF RECOMMENDATIONS:
o Staff recommends a motion to accept the attached quarterly financial
report for the quarter ended March 3 1,2007
CITY OF PALM BEACH GARDENS
Quarter ended March 31, 2007
TABLE OF CONTENTS
PAGE
Quarterly Overview 2
Analysis:
General Fund Summary 4
General Fund Sources of Funds 5
General Fund Uses of Funds 8
Investment Analysis 10
Impact Fee Analysis 12
Grant Status Report 14
Capital Project Update Report 15
Budgetary Comparison Schedules 21
Financial Statements
Balance Sheet – Governmental Funds 35
Statement of Revenues, Expenditures, and Changes in Fund Balances –
Governmental Funds 36
Statement of Net Assets – Proprietary Fund s 37
Statement of Revenues, Expenditures, and Changes in Fund Balances –
Proprietary Funds 38
QUARTERLY OVERVIEW
I am pleased to present the financial report for the City of Palm Beach Gardens for the second
quarter of fiscal year 2007 ending March 31, 2007. Listed below are significant events that
occurred during the second quarter along with financial highlights and information on capital
asset purchases. The intent of these reports is to inform Council and the public of our
financial position by comparing actual results with the adopted budget and analyzing results
to help make corrective actions as appropriate.
The following is a list of significant events that occurred during the 2nd quarter of fiscal
year 2007:
On January 16, 2007 the City wired approximately $3.2 million to the Florida
Retirement System (FRS) for the purchase of up to 9.75 years of past service.
Approximately $3.5 million was received in the prior quarter from ICMA from the
forfeiture of employer contributions for those employees who elected FRS. The
Finance Administrator and staff attended a training seminar conducted by FRS in
Tallahassee.
Finance held Safety Training in the Council Chambers on March 23, 2007 as part of
their Risk Management Tasks.
On February 16, 2007 the City received $115,742 in auction proceeds. The majority
of items sold at the auction held February 3rd were police vehicles and motorcycles.
January 3, 2007 the City purchased 51 Levono (IBM) Laptop computers for
replacement and new hires - Per Resolution 136, 2006 for $54,000.
The firm of McGladrey & Pullen presented our annual Comprehensive Annual
Financial Report to Council April 5, 2007.
On March 22, 2007 Finance teamed with IT and Purchasing to hold a training session
on purchase requisitioning in the Council Chambers. The class was well attended and
the feedback positive.
The City continues the replacement of existing sports lighting at two PGA National
Park softball fields due to hurricane damage as well as upgrading poles with Musco
Sports Lighting. The amount paid to Davco Electrical in the second quarter for this
work was $481,300.
Night Vision Equipment was purchased from Southern Precision Armory for $20,700.
Through funding in the amount of $15,000 provided by the Frenchman’s Creek
Charity Foundation, the Fire Department purchased an AutoPulse System. This
system generates consistent uninterrupted chest compressions offering improved
blood flow during cardiac arrest.
As of the second quarter ending March 31, 2007, the City incurred 29 worker’s
compensation claims, with a total loss of $107,558 as compared to 41 claims incurred,
and total loss of $174,102 for the same period last fiscal year. The City’s Property
and Liability claims totaled only 8 cases for $8,090 compared to $1,642,088 for the
same period ending March 31, 2006. The large variance was caused by Hurricane
Wilma claims during the 2nd quarter ending March 31, 2006.
2
Financial Highlights
The City’s general fund ended the quarter with a combined fund balance of
approximately $41.9 million. Of this amount, $36 million is unreserved,
undesignated, which is available to meet the City’s ongoing commitments.
The general fund generated $57.3 million in revenue with $34.5 million in
expenditures to date.
The City’s general fund revenues increased 10% or $5.4 million over the same quarter
in the prior year.
The City’s general fund expenditures increased 20% or $5.8 million over the same
quarter in the prior year. 50% of this increase is related to a $2.9 million payment to
Palm Beach County for the City’s share of an interlocal agreement for the
development of the Scripps Research Institute. Public Safety expenditures increased
by $1.4 million or 24% of the total increase mostly due to an increase in personnel
related expenditures.
Capital Assets
During the 2nd quarter, the City purchased approximately $500,000 of capital assets and made
payments of approximately $2.3 million on CIP projects.
Capital assets purchased during the 2nd quarter included the following:
51 Laptop computers that totaled approximately $54,000 or 11% of capital asset
purchases
Approximately 35% of capital asset purchases were related to 9 vehicles mostly for
public safety use.
Equipment purchases accounted for approximately $102,000 or 20% of capital asset
purchases. Major equipment purchases included night vision equipment and an air
compressor for public safety.
The most significant capital projects during the 2nd quarter were as follows:
Kyoto Gardens Drive Extension – Totaled $750,000 or 32% of the total CIP
payments during the quarter.
Sports Lighting Replacement – Totaled approximately $481,000 or 21% of the total
CIP payments during the quarter.
Stormwater System Improvements – Totaled approximately $262,000 or 11% of the
total CIP payments during the quarter.
Sandhill Crane Access Park Improvements – Totaled approximately $212,000 or 9%
of the total CIP payments during the quarter.
Lake Catherine Park Renovations – Totaled approximately $118,000 or 5% of the
total CIP payments during the quarter.
Citywide, there are currently 32 CIP projects ongoing in various stages. Please see the Capital
Project Update Report on pages 15-20 for more detail. 3
CITY OF PALM BEACH GARDENS
GENERAL FUND SUMMARY
Quarter ended March 31, 2007
GENERAL FUND REVENUES
Taxes
87%
Charges for
services
1%
Fines and
forfeitures
0%
Investment
income
2%
Licenses and
permits
4%
Intergov't
5%
Miscellaneous
1%
GENERAL FUND EXPENDITURES
General
government
26%
Public safety
46%
Capital outlay
8%Physical
environment
9%
Culture and
recreation
7%
Debt service:
4%
4
CITY OF PALM BEACH GARDENS
GENERAL FUND SOURCES OF FUNDS
Quarter ended March 31, 2007
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Received
40,923,938 47,166,014 50,099,298 94.15%
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Received
4,964,878 2,249,111 4,778,748 47.06%
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Received
796,705 425,151 809,948 52.49%
TAXES - Ad Valorem Taxes
TAXES - Franchise Fees
TAXES - Utility Taxes
Ad Valorem taxes account for 82% of total general fund
revenue collected through the second quarter of fiscal
year 2007. Collected amounts appear to be in line with
budgeted figures with three tax distributions still
remaining for the current year. Current year revenue
exceeds prior year collections by approx. $6.2 million.
Franchise Fees are currently 3% or approx. $140,000
below budgeted figures. However, the estimated
collection in June will include the true up adjustment
which is historically almost twice the average monthly
collection. So the City can expect franchise fee revenue
over the second half of the fiscal year to exceed the first
six months. Revenues included in this category include
both electric and solid waste franchise fees.
Utility taxes are currently in line with budgeted figures
through the end of the 2nd quarter. This category
accounts for the local communication services tax.
-
10,000,000
20,000,000
30,000,000
40,000,000
50,000,000
60,000,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
-
200,000
400,000
600,000
800,000
1,000,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
5
CITY OF PALM BEACH GARDENS
GENERAL FUND SOURCES OF FUNDS
Quarter ended March 31, 2007
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Received
3,988,155 2,450,149 4,156,266 58.95%
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Received
8,597,198 2,815,853 5,957,595 47.26%
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Received
1,285,282 808,259 1,736,376 46.55%
Licenses and Permits
Intergovernmental Revenue
Charges for Services
Revenues in this category include permits and
occupational licenses. Currently 58.95% of budgeted
revenues have been received. The largest portion of of
revenues relates to Occupational licenses which
represents approx. $1.3 million or 55% of total license and
permit revenue collected. Occupational licenses
exceeded budgeted figures by 7% for the year. However,
building permits are currently on pace to under perform
budgeted figures by approx. $750,000 or 28%.
Charges for Services are currently in line with budgeted
amounts through the end of the 2nd quarter. Revenues
included in this category are EMS fees and fire inspection
fees.
Intergovernmental Revenue is currently in line with
budgeted figures through the end of the 2nd quarter.
Revenues included in this category include federal and
state grants, 1/2 cent sales tax, and state shared
revenues.
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
-
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
-
500,000
1,000,000
1,500,000
2,000,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
6
CITY OF PALM BEACH GARDENS
GENERAL FUND SOURCES OF FUNDS
Quarter ended March 31, 2007
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Received
2,066,929 89,214 302,860 29.46%
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Received
1,564,353 1,063,056 1,125,097 94.49%
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Received
1,433,588 325,588 1,249,445 26.06%
Miscellaneous revenue is below budgeted figures through
the end of the 2nd quarter by approx. 24%. This is mostly
due to $500,000 budgeted for contributions and donations
relating to the transit system that have not been collected
during fiscal year 2007.
Investment Income
Miscellaneous
Fines and Forfeitures
Investment Income is currently on pace to exceed
budgeted figures by at least 50% or approx. $560,000.
This is mostly caused by conservative budgeting of
interest rates. During the current year, the average return
has exceeded 5%.
Fines and Forfeitures are significantly lower than
budgeted figures at the end of the 2nd quarter. Part of the
reason is due to the $12.50 Traffic Fines estimated at
$60,000 which are collected from the County at the end of
the fiscal year. The large variance compared to the prior
year relates to fines collected from the Vavrus property of
approx. $1.8 million.
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
7
CITY OF PALM BEACH GARDENS
GENERAL FUND USES OF FUNDS
Quarter ended March 31, 2007
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Spent
10,343,003 8,955,048 16,001,269 55.96%
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Spent
31,762,829 16,000,270 35,365,036 45.24%
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Spent
6,141,272 2,352,580 5,448,006 43.18%
General Government
Public Safety
Culture and Recreation
General Government expenditures excluding capital
outlay appear reasonable with budgeted numbers
through the end of the 2nd quarter. % Spent exceeds
50% due to budgeted expenditures for Professional
Services - Scripps of $2.9 million that were 100%
expensed during the first quarter. Without including this
line item, the remaining general government expenditures
were 46% spent through the end of the 2nd quarter.
Public Safety excluding capital outlay appears to be in
line with the budget through the end of the 2nd quarter
with 45.24% spent to date with approx. $335,000 or 1%
encumbered.
Culture and Recreation expenditures excluding capital
outlay appear reasonable with budgeted numbers
through the end of the 2nd quarter. There is also an
additional $325,000 or 6% encumbered.
-
5,000,000
10,000,000
15,000,000
20,000,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
-
5,000,000
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
35,000,000
40,000,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
8
CITY OF PALM BEACH GARDENS
GENERAL FUND USES OF FUNDS
Quarter ended March 31, 2007
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Spent
6,294,347 3,102,808 7,199,366 43.10%
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Spent
6,400,399 2,632,018 7,738,364 34.01%
Prior Year Actual
Current Year to
Date Actual
Current Year
Budget% Spent
2,778,808 1,511,079 3,371,530 44.82%
Debt Service
Capital Outlay
Physical Environment
Physical Environment expenditures excluding capital
outlay appear reasonable with budgeted numbers
through the end of the 2nd quarter. There is also approx.
$290,000 encumbered. Including encumbered
expenditures, current year expenditures account for 47%
of the budgeted amount.
Capital Outlay expenditures which represent 10% of total
budgeted general fund expenditures are currently 34.01%
spent through the end of the 2nd quarter with an
additional 33% or approx. $2.5 million encumbered.
Debt Service payments are based on scheduled
payments from amortization schedules. Amounts will be
in line with budget at the end of the year. To date, debt
service expenditures represent 4% of total general fund
expenditures.
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
Prior Year ActualCurrent Year to
Date Actual
Current Year
Budget
9
INVESTMENT ANALYSIS
Short-term interest rates decreased, with the one-year Treasury bill at 4.90%, from the last quarter’s
rate of 5.00%. Longer-term rates increased slightly for the quarter, with the 20-year Treasury yield at
4.92% as compared to 4.91% from the end of the previous quarter.
Investment Portfolio by Type
Total Portfolio $60,934,888
SBA
73%
FHLMC
6%
Farmer Mac
1%
FHLB
9%
FNMA
10%
FFCB
1%
Investment Portfolio by Fund
Total Portfolio $60,934,888
Special Revenue
2%
Capital Projects
29%
General
69%
10
On March 31, 2007, the amount invested at the SBA totaled $44,934,888. The SBA yield gradually
increased each month from 5.38% at the beginning of the quarter to 5.39% at the end of the quarter.
The Investment Summary provides a listing of the outstanding investments as of March 31, 2007 along
with the investment date, maturity date, type of instrument, yield and amounts. As of the end of the
quarter, the total market value of the various federal agencies and securities was $15,940,229
compared to the original purchase price of $16,030,528. The total weighted average yield for the
entire portfolio as of the end of the quarter was 5.15%, or .25% above the one-year Treasury Bill rate
of 4.90%. All other policy guidelines for portfolio composition have been adhered to.
INVESTMENT SUMMARY
March 31, 2007
Investment Instrument Investment
Date
Maturity
Date
Rate
Par
Value
Federal National Mtg Assoc Note 2/26/039/5/20073.00% 500,000
Federal Home Loan Mortgage Corp 4/21/0310/15/073.00% 500,000
Federal Farm Credit Banks Debenture 5/5/034/15/083.00% 500,000
Federal Home Loan Mortgage Corp 5/5/035/15/083.05% 500,000
Federal National Mtg Assoc Note 5/19/0312/3/072.50% 500,000
Federal Home Loan Bk Note Stp Coupon 5/22/0312/19/083.50% 500,000
Federal National Mtg Assoc Note 8/22/0311/15/073.25% 500,000
Federal Home Loan Mortgage Corp 3/29/0410/7/113.00% 500,000
Federal National Mtg Assoc Note 3/29/044/8/103.00% 500,000
Federal Home Loan Mortgage Corp 4/13/044/15/093.50% 500,000
Federal Home Loan Mortgage Corp 11/5/0411/3/103.00% 500,000
Federal National Mtg Assoc Note 3/4/053/3/103.25% 500,000
Federal Home Loan Bank 5/22/066/19/095.55% 500,000
Federal Home Loan Bank 9/8/069/8/105.35% 500,000
Federal Home Loan Bank 8/25/068/25/105.37% 500,000
Federal Home Loan Bank 8/18/068/18/115.50% 500,000
Federal Home Loan Bank 9/8/069/8/115.50% 500,000
Federal National Mtg Assoc Note 8/28/062/28/115.50% 1,000,000
Federal Home Loan Bank 12/18/0612/18/095.00% 500,000
Federal Home Loan Mortgage Corp 12/26/0612/26/085.10% 500,000
Federal National Mtg Assoc Note 12/28/0612/28/095.25% 500,000
Federal Home Loan Bank 1/9/071/9/085.20% 500,000
Federal Home Loan Bank 1/11/077/11/085.25% 500,000
Federal National Mtg Assoc Note 1/11/078/24/095.50% 1,000,000
Federal National Mtg Assoc Note 1/23/079/29/095.30% 500,000
Federal Home Loan Mortgage Corp 2/8/072/8/105.37% 500,000
Farmer Mac MTN 2/15/072/15/085.26% 500,000
Federal Home Loan Bank 2/20/071/22/105.30% 500,000
Federal Home Loan Mortgage Corp 3/9/071/11/105.25% 500,000
Federal Home Loan Bank 3/26/073/26/085.20% 500,000
State Investment Pool 5.39% 44,934,888
TOTAL INVESTMENTS 60,934,888
11
IMPACT FEE ANALYSIS
Significant impact fee revenues collected during the 2nd quarter included the following projects:
• Frenchman’s Reserve - $50,475 for 9 single family residences
• Mirasol - $74,370 for 13 single family residences
• NorthCorp Center - $83,093 to build new 3 story building – Includes shell only
• Old Palm - $21,328 for 3 single family residences
• Paloma - $441,580 for 21 single family residences and Granada 48 multi-family unit
townhomes
• Regional Center - $131,179 for addition and renovation of Saks Fifth Avenue store at
the Gardens Mall
• Southampton - $23,819 for 4 multi family units
• Miscellaneous Projects - $5,452
Significant Impact Fee Revenue collected during the 2nd quarter is displayed in the chart below:
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000Frenchman's Re se r ve Mi r a so l No rthCorp Cente r Ol d Pa lm Paloma Re giona l Cen t e r Southa mp t o n Mi s c. Sma l l Pr o j e cts Impact Fees by Project
12
The chart below shows the breakout of impact fees by type collected for each significant project:
Project ArtFireRecreationPolice RoadTotal
Frenchman's Reserve $ - 4,401$ 28,703$ 3,828$ 13,543$ 50,475$
Mirasol - - 50,597 - 23,773 74,370
NorthCorp Center 39,000 15,715 - 2,751 25,627 83,093
Old Palm - 1,860 12,132 1,618 5,718 21,328
Paloma - 38,571 251,781 33,583 117,645 441,580
Regional Center 70,000 13,361 - 5,323 42,495 131,179
Southampton - 2,080 13,576 1,811 6,352 23,819
Misc. Small Projects - 542 2,830 742 1,338 5,452
Total 109,000$ 76,530$ 359,619$ 49,655$ 236,491$ 831,295$
Through the 2nd quarter, only 27.54% of budgeted revenues have been collected. A budget
amendment will be required to address the significant variance between budget and actual numbers.
The City is aware of the shortfall and is closely monitoring related expenditures. The following
table shows budget vs. actual comparisons for each individual impact fee:
Impact FeeBudgetActual% Received
Recreation 2,238,862 522,935 23.36%
Police 265,743 79,953 30.09%
Fire 447,190 122,577 27.41%
Art 75,000 152,500 100.00%
Road 1,850,081 465,091 25.14%
Total 4,876,876 1,343,056 27.54%
Impact Fees by Type
Fire
9%
Police
6%
Recreation
39%
Art
11%
Road
35%
13
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20
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
GENERAL FUND
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Taxes:
Ad valorem taxes50,099,298$ 47,166,014$ 94.15%
Franchise fees 4,778,748 2,249,111 47.06%
Utility taxes 809,948 425,151 52.49%
Licenses and permits 4,156,266 2,450,149 58.95%
Intergovernmental 5,957,595 2,815,853 47.26%
Charges for services 1,736,376 808,259 46.55%
Fines and forfeitures 302,860 89,214 29.46%
Investment income 1,125,097 1,063,056 94.49%
Miscellaneous 1,249,445 325,588 26.06%
Total revenues 70,215,633 57,392,395 81.74%
Expenditures:
Current:
General government:
City Council333,778$ 150,540$ 45.10%
Administrative services 658,694 276,202 41.93%
Economic development 214,599 59,926 27.92%
Transportation 500,000 - 0.00%
Housing 25,000 - 0.00%
Information services 1,221,679 533,637 43.68%
City clerk 579,438 251,261 43.36%
Legal services 566,044 189,388 33.46%
Public relations 157,278 58,004 36.88%
Human resources 955,070 387,977 40.62%
Finance 880,231 406,463 46.18%
General services 4,062,433 2,674,372 65.83%
Growth management:
Administrative3,782,952 3,292,616 87.04%
Planning and zoning 1,101,063 439,504 39.92%
Code enforcement 776,244 201,406 25.95%
GIS 186,766 33,752 18.07%
Total general government 16,001,269 8,955,048 55.96%
Public safety:
Police19,381,300 8,529,414 44.01%
Fire and emergency services 15,983,736 7,470,856 46.74%
Total public safety 35,365,036 16,000,270 45.24%
21
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
GENERAL FUND
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Culture and recreation:
Administrative services648,867 316,541 48.78%
Athletics 268,693 79,797 29.70%
Seniors and wellness 62,533 15,677 25.07%
Aquatics 432,730 165,661 38.28%
Tennis 123,584 79,914 64.66%
Programs division 232,908 108,659 46.65%
Special and cultural 214,159 100,381 46.87%
Parks 2,116,836 926,001 43.74%
Grounds and facilities 1,347,696 559,949 41.55%
Total culture and recreation 5,448,006 2,352,580 43.18%
Physical environment:
Administrative services1,159,927 699,169 60.28%
Facilities maintenance 1,763,854 767,704 43.52%
Stormwater maintenance 1,111,783 437,919 39.39%
Street maintenance 760,834 299,810 39.41%
Construction services - building 2,402,968 898,206 37.38%
Total physical environment 7,199,366 3,102,808 43.10%
Capital outlay:7,738,364 2,632,018 34.01%
Debt service:
Principal2,200,376 887,968 40.36%
Interest 1,171,154 623,111 53.20%
Total debt service 3,371,530 1,511,079 44.82%
Total expenditures 75,123,571 34,553,803 46.00%
Excess (deficiency) of revenues
over (under) expenditures(4,907,938) 22,838,592
Other financing sources (uses):
Transfers in 91,630 45,815 50.00%
Transfers out (629,584) (486,792) 77.32%
Total other financing sources (uses)(537,954) (440,977) 81.97%
Extraordinary items:
Proceeds from defined contribution plan- 3,590,747 100.00%
Payment to defined benefit plan - (3,212,257) 100.00%
Total extraordinary items - 378,490 100.00%
Net change in fund balance (5,445,892) 22,776,105
Fund balance, beginning of year 19,569,601 19,569,601
Fund balance, end of year 14,123,709$ 42,345,706$
22
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
RECREATION IMPACT FEES FUND
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Intergovernmental - - 0.00%
Impact fees 2,238,862 522,935 23.36%
Investment income 206,698 89,929 43.51%
Miscellaneous - - 0.00%
Total revenues 2,445,560 612,864 25.06%
Expenditures:
Current:
Capital outlay:4,713,170 530,000 11.25%
Excess (deficiency) of revenues
over (under) expenditures(2,267,610) 82,864
Other financing sources (uses):
Transfers in- - 0.00%
Transfers out - - 0.00%
Total other financing sources (uses)- - 0.00%
Net change in fund balance (2,267,610) 82,864
Fund balance, beginning of year 3,200,100 3,200,100
Fund balance, end of year 932,490$ 3,282,964$
23
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
ROAD IMPACT FEES FUND
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Intergovernmental - - 0.00%
Impact fees 1,850,081 465,091 25.14%
Investment income 347,718 314,057 90.32%
Miscellaneous - - 0.00%
Total revenues 2,197,799 779,148 35.45%
Expenditures:
Current:
Transportation - - 0.00%
Capital outlay 4,078,340 750,352 18.40%
Total expenditures 4,078,340 750,352 18.40%
Excess (deficiency) of revenues
over (under) expenditures(1,880,541) 28,796
Other financing sources (uses):
Transfers in - - 0.00%
Transfers out (700,873) (350,437) 50.00%
Total other financing sources (uses)(700,873) (350,437) 0.00%
Net change in fund balance (2,581,414) (321,641)
Fund balance, beginning of year 9,018,734 9,018,734
Fund balance, end of year 6,437,320$ 8,697,093$
24
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
POLICE TRAINING
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Fines and forfeitures 16,533$ 5,511$ 33.33%
Investment income 70 - 0.00%
Miscellaneous - - 0.00%
Total revenues 16,603 5,511 33.19%
Expenditures:
Current:
Public safety:
Police21,593 2,759 12.78%
Total public safety 21,593 2,759 12.78%
Total expenditures 21,593 2,759 12.78%
Net change in fund balance (4,990) 2,752
Fund balance, beginning of year 11,687 11,687
Fund balance, end of year 6,697$ 14,439$
25
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
RECREATION PROGRAMS
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Charges for services 2,405,282$ 1,095,950$ 45.56%
Investment income 8,610 9,015 104.70%
Miscellaneous - - 0.00%
Total revenues 2,413,892 1,104,965 45.78%
Expenditures:
Current:
Culture and recreation:
Administrative services302,428 78,782 26.05%
Athletics 252,191 105,091 41.67%
Seniors and wellness 30,717 26,401 85.95%
Aquatics 46,236 15,717 33.99%
Tennis 289,601 133,938 46.25%
Programs division 547,702 200,602 36.63%
Youth Enrichment 831,394 378,323 45.50%
Total culture and recreation 2,300,269 938,854 40.81%
Capital outlay:- - 0.00%
Total expenditures 2,300,269 938,854 40.81%
Excess (deficiency) of revenues
over (under) expenditures113,623 166,111
Other financing sources (uses):
Transfers in - - 0.00%
Transfers out (30,478) (15,239) 50.00%
Total other financing sources (uses)(30,478) (15,239) 50.00%
Net change in fund balance 83,145 150,872
Fund balance, beginning of year 193,853 193,853
Fund balance, end of year 276,998$ 344,725$
26
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
GOLF FUND
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Charges for services 1,388,802$ 938,830$ 67.60%
Investment income 12,000 - 0.00%
Miscellaneous 63,392 38,303 60.42%
Total revenues 1,464,194 977,133 66.74%
Expenditures:
Current:
Culture and recreation:
Administrative services252,647 65,839 26.06%
Maintenance 734,361 404,224 55.04%
Pro shop 487,193 179,901 36.93%
Total culture and recreation 1,474,201 649,963 44.09%
Capital outlay:23,040 - 0.00%
Debt service:
Principal - - 0.00%
Interest - - 0.00%
Total debt service - - 0.00%
Total expenditures 1,497,241 649,963 43.41%
Excess (deficiency) of revenues
over (under) expenditures(33,047) 327,170
Other financing sources (uses):
Transfers in - - 100.00%
Transfers out (3,347) (1,674) 50.00%
Total other financing sources (uses)(3,347) (1,674) 50.00%
Net change in fund balance (36,394) 325,496
Fund balance, beginning of year 36,394 36,394
Fund balance, end of year -$ 361,890$
27
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
EXTRA DUTY POLICE
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Investment income -$ -$ 0.00%
Miscellaneous - 386,882 100.00%
Total revenues - 386,882 100.00%
Expenditures:
Current:
Public safety:
Police- 324,096 100.00%
Total public safety - 324,096 100.00%
Total expenditures - 324,096 100.00%
Net change in fund balance - 62,786
Fund balance, beginning of year - 45,040
Fund balance, end of year -$ 107,826$
28
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
LOCAL OPTION GAS TAX
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Intergovernmental 569,412$ 339,049$ 59.54%
Investment income 16,248 23,324 143.55%
Miscellaneous - - 0.00%
Total revenues 585,660 362,373 61.87%
Expenditures:
Current:
Transportation 1,021,647 132,732 12.99%
Capital outlay 157,902 1,774 1.12%
Total expenditures 1,179,549 134,506 11.40%
Excess (deficiency) of revenues
over (under) expenditures(593,889) 227,867
Other financing sources (uses):
Transfers in- - 0.00%
Transfers out - - 0.00%
Total other financing sources (uses)- - 0.00%
Net change in fund balance (593,889) 227,867
Fund balance, beginning of year 901,752 901,752
Fund balance, end of year 307,863$ 1,129,619$
29
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
POLICE IMPACT
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Intergovernmental - - 0.00%
Impact fees 265,743 79,953 30.09%
Investment income 42,258 42,755 101.18%
Miscellaneous - - 0.00%
Total revenues 308,001 122,708 39.84%
Expenditures:
Current:
Public safety - - 0.00%
Capital outlay 1,871,537 2,536 0.14%
Total expenditures 1,871,537 2,536 0.14%
Excess (deficiency) of revenues
over (under) expenditures(1,563,536) 120,172
Other financing sources (uses):
Transfers in- - 0.00%
Transfers out - - 0.00%
Total other financing sources (uses)- - 0.00%
Net change in fund balance (1,563,536) 120,172
Fund balance, beginning of year 1,563,536 1,563,536
Fund balance, end of year -$ 1,683,708$
30
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
FIRE IMPACT
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Intergovernmental - - 0.00%
Impact fees 447,190 122,577 27.41%
Investment income 36,786 21,002 57.09%
Miscellaneous - - 0.00%
Total revenues 483,976 143,579 29.67%
Expenditures:
Current:
Public safety 15,000 25,667 171.12%
Capital outlay 714,644 106,657 14.92%
Debt service:
Principal 72,880 - 0.00%
Interest 10,414 5,958 57.21%
Total debt service 83,294 5,958 7.15%
Total expenditures 812,938 138,282 17.01%
Excess (deficiency) of revenues
over (under) expenditures(328,962) 5,297
Other financing sources (uses):
Transfers in- - 0.00%
Transfers out - - 0.00%
Total other financing sources (uses)- - 0.00%
Net change in fund balance (328,962) 5,297
Fund balance, beginning of year 789,414 789,414
Fund balance, end of year 460,452$ 794,711$
31
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
ART IMPACT
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Intergovernmental - - 0.00%
Impact fees 75,000 152,500 203.33%
Investment income 15,821 12,976 82.01%
Miscellaneous - - 0.00%
Total revenues 90,821 165,476 182.20%
Expenditures:
Current:
Capital outlay:309,176 60,456 19.55%
Excess (deficiency) of revenues
over (under) expenditures(218,355) 105,020
Other financing sources (uses):
Transfers in- - 0.00%
Transfers out - - 0.00%
Total other financing sources (uses)- - 0.00%
Net change in fund balance (218,355) 105,020
Fund balance, beginning of year 461,720 461,720
Fund balance, end of year 243,365$ 566,740$
32
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
PGA FLYOVER
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Intergovernmental - - 0.00%
Impact fees - - 0.00%
Investment income - - 0.00%
Miscellaneous 88,091 126,464 143.56%
Total revenues 88,091 126,464 143.56%
Expenditures:
Current:
Transportation 422,100 137,878 32.66%
Capital outlay 17,000 15,859 93.29%
Debt service:
Principal 170,000 - 0.00%
Interest 111,443 55,721 50.00%
Total debt service 281,443 55,721 19.80%
Total expenditures 703,543 209,458 29.77%
Excess (deficiency) of revenues
over (under) expenditures(615,452) (82,994)
Other financing sources (uses):
Transfers in629,584 314,792 50.00%
Transfers out - - 0.00%
Total other financing sources (uses)629,584 314,792 50.00%
Net change in fund balance 14,132 231,798
Fund balance, beginning of year 1,768 1,768
Fund balance, end of year 15,900$ 233,566$
33
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
BURNS ROAD
Quarter ended March 31, 2007
%
Actual toReceived/
Budget Date Spent
Revenues:
Intergovernmental - - 0.00%
Impact fees - - 0.00%
Investment income 15,690 10,792 68.78%
Miscellaneous - - 0.00%
Total revenues 15,690 10,792 68.78%
Expenditures:
Current:
Transportation 2,071 - 0.00%
Capital outlay 127,939 14,835 11.60%
Debt service:
Principal 425,000 - 0.00%
Interest 275,873 137,936 50.00%
Total debt service 700,873 137,936 19.68%
Total expenditures 830,883 152,771 18.39%
Excess (deficiency) of revenues
over (under) expenditures(815,193) (141,979)
Other financing sources (uses):
Transfers in700,873 350,437 50.00%
Transfers out - - 0.00%
Total other financing sources (uses)700,873 350,437 0.00%
Net change in fund balance (114,320) 208,458
Fund balance, beginning of year 390,346 390,346
Fund balance, end of year 276,026$ 598,804$
34
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36
Internal
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Fleet
Management
Assets:
Cash and cash equivalents 1,599$
Inventory 145,112
Capital assets not being depreciated 2,097
Capital assets being depreciated, net 1,674,613
Total assets 1,823,421
Liabilities:
Current liabilities:
Accounts payable 10,755
Accrued interest payable 2,967
Obligations under capital lease - current portion
Total current liabilities 13,722
Noncurrent liabilities:
Compensated absences payable 21,013
Obligations under capital lease 76,053
Total noncurrent liabilities 97,066
Total liabilities 110,788
Net Assets:
Invested in capital assets, net of related debt (deficit)1,600,657
Unrestricted 111,976
Total net assets (deficit)1,712,633$
CITY OF PALM BEACH GARDENS
STATEMENT OF NET ASSETS
PROPRIETARY FUNDS
Quarter ended March 31, 2007
37
Internal
Service
Fund
Fleet
Management
Operating revenues:
Charges for services $1,078,247
Miscellaneous 5,000
Total revenues $1,083,247
Operating expenses:
Personnel expenses 279,959
Repair and maintenance 133,503
Fuel and chemicals 201,411
Operating supplies 74,353
Other professional and contractual 4,899
Utilities -
Other expenses 3,697
Depreciation -
Capital outlay 632,072
Total operating expenses 1,329,894
Operating income (loss)(246,647)
Non-operating revenues (expenses):
Gain on sale of capital assets 60,816
Principal paid (75,471)
Interest expense (3,274)
Total non-operating revenues (expenses)(17,929)
Income (loss) before transfers (264,576)
Transfers in 172,000
Transfers out (28,902)
Change in net assets (121,478)
Net assets (deficit), beginning 1,834,111
Net assets (deficit), ending $1,712,633
CITY OF PALM BEACH GARDENS
STATEMENT OF REVENUES, EXPENDITURES, & CHANGES IN FUND BALANCES
PROPRIETARY FUNDS
Quarter ended March 31, 2007
38
'PROCLAMATIOLY.
F-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 1,2007
Meeting Date: June 7,2007
Resolution 7, 2007
~~~ ~
Subject/Agenda Item:
Resolution 7,2007: Donald Ross Village PUD Amendment & Signage Waiver
Public Hearing & Consideration of Approval: A request by Marty Minor, of Urban Design
Studio, on behalf of Donald Ross/Military L.C., for approval of an amendment to the Donald
Ross Village Planned Unit Development (PUD). This request includes an increase in the size of
the signage on the west elevation of the hotel from 36 square feet to 53 square feet (Building H),
and a waiver to allow for one (1) additional flatlwall sign for tenants that have two or more
elevations facing a right-of-way or primary entrance. The Donald Ross Village PUD is
approximately 45-acres and is located along the south side of Donald Ross Road between
Militarv Trail and Central Boulevard.
[XI Recommendation to APPROVE with one waiver
[ 1 Recommendation to DENY
Reviewed by:
Planning
Manager .fi&
Brad Wisenian
Plailning and Zoni;n,q$&
Director
Tala1 Benothinan,
Christine T
Compliant
Growth Management
Administrator
Kara Irwin, AICP
Approved By: ..
Originating Dept.:
Growth Management:
Project
Planner
[XI Quasi - Judicial
[ ] Legislative
[ X] Public Hearing
Advertised: Yes
[ XI Required
Date: May 23, 2007
Paper: Palm Beach Post
Affected parties:
[XI Notified
[ 3 Not Required
FINANCE:
Costs: $-N/A
Total
s- NIA
Current FY
Fuiidiiig Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ 3 App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ 3 Rec. Denial
[ ] Continued to:-
Attachments:
Resolution 7, 2007
Project Narrative
Signage Graphics
Site Plan
Resolution 149,2004
Resolution 2 10,2004
Resolution 125,2004
Monument Sign Photo
Resident Email
Date Prepared: May 1, 2007
Meeting Date: June 7, 2007
Resolution 7,2007
EXECUTIVE SUMMARY
The subject petition is a proposed amendment to the Donald Ross Village PUD to allow for an
increase in the size of the signage on the west elevation of the hotel from 36 square feet to 53
square feet (Building H), and a waiver to allow for one (1) additional flat/wall sign for tenants in
certain buildings that have two or more elevations facing a right-of-way or primary entrance. The
Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public hearing
on April 24, 2007, and voted 7-0 to recommend approval to the City Council. Staff recommends
approval of Resolution 7,2007.
BACKGROUND
On April 10, 2003, the City Council adopted Ordinance 53, 2002, which approved the
development order for Donald Ross Village Mixed-Use (MXD) Planned Unit Development
(PUD). The master plan was divided into two phases of development. Phase I of the Donald
Ross Village MXD PUD was approved for 9,000 square feet of professional office, a 3,236
square-foot convenience store with gas sales, a 4,000 square-foot bank, a 14,873 square-foot
drug store, 13,000 square feet of restaurant space, 2,400 square feet of outdoor restaurant seating,
57,487 square feet of retail use, and 156 multi-family dwelling units.
On July 1,2004, the City Council adopted Ordinance 23, 2004 and Resolution 125, 2004, which
amended the PUD to allow for off-site mitigation. The City Council determined that it is more
appropriate for the site plan approval and the conditions related thereto be transferred to a
separate ordinance and resolution, as opposed to having the zoning, master plan approval,
waivers, and conditions of approval adopted through ordinance. The zoning set forth in
Ordinance 53, 2002 has been re-affirmed by Ordinance 23, 2004 and the master site plan,
waivers, and conditions of approval have been transferred to Resolution 125, 2004. Per
Resolution 125, 2004, two conditions of approval (conditions 37 & 38) were modified to allow
for additional off-site mitigation.
On July 1, 2004, the City Council adopted Resolution 115, 2004, which approved a parcel for
off-site mitigation of 29% of the upland preserve set aside required for the site. The parcel is
located off of the Beeline Highway, approximately 1.25 miles northwest of PGA Boulevard.
On August 5, 2004, the City Council adopted Resolution 149, 2004, which approved a waiver to
eliminate the lake maintenance easement along the south side of the 5.09-acre lake. In order to
justify the requested waiver, the applicant provided a 25-foot wide lake easement along the north
end of the adjacent property (Dwyer High School).
On November 18, 2005, the City Council adopted Resolution 210, 2004, which approved an
amendment to the Donald Ross Village MXD PUD for phase I1 of the subject site with a 93-
room hotel, a 13,500 square-foot retail building, an 18,387 square-foot medical office building,
and a 20,000 square-foot fitness center. The subject site is currently being developed in
accordance with the plan approved by said resolution.
On January 5, 2006, the City Council adopted Resolution 7, 2006, which approved the Art in
Public Places (AIPP) for the subject site (approximately thirty pieces). The majority of the public
art for the project, excluding the hotel site, has been installed.
2
Date Prepared: May 1, 2007
Meeting Date: June 7, 2007
Resolution 7. 2007
On April 24, 2007, 2006, the PZAB voted 7-0 to recommend approval of a request by Marty
Minor, of Urban Design Studio, to allow for one (1) additional flatlwall sign for tenants that have
two or more elevations facing a right-of-way or primary entrance within the Donald Ross Village
PUD to City Council. At the time, the subject petition (MISC-06-10-000018) did not include a
request to amend the hotel signage. The owner of Donald Ross Village PUD requested that the
original miscellaneous petition be withdrawn and a PUD amendment be submitted to include the
hotel signage request.
The Phase I1 approval, which included the hotel approval, limited the size of the signage on the
north elevation to 2' x 12' and west elevation to 2' x 18' (please see Condition No. 56 of attached
Resolution 210, 2004). Therefore, the applicant requests a major PUD amendment for approval
of increasing the size of the signage on the west elevation from 36 square feet to 53 square feet.
The applicant does not propose to modify the signage on the north elevation.
LAND USE & ZONING
The subject site has a zoning designation of Mixed-Use (MXD)/Planned Unit Development
(PUD) Overlay and Future Land-Use and Vision Map designations of Mixed-Use (MXD) and
Commercial (C).
PROJECT DETAILS
This request includes an increase in the size of the signage on the west elevation of the hotel
from 36 square feet to 53 square feet (Building H), and a waiver to allow for one (1) additional
flat/wall sign for tenants that have two or more elevations facing a right-of-way or primary
entrance. Please note that each tenant within the Donald Ross Village PUD will not exceed a
maximum of two wall signs.
The PZAB previously raised concerns regarding the development's monument signs within the
commercial portion of the site. The Board was concerned with the size and the colors of the
monument signs. Staff discussed various alternatives with the applicant to attempt to address the
Board's concerns. The monument signs are unable to be painted due to the material that they are
constructed of and would result in the paint cracking and peeling off the surface of the signs.
Therefore, the applicant has agreed to a condition of approval, to provide additional landscaping
to screen the rear of the monument signs (please see attached monument sign photograph). The
applicant has recognized that the rear of the monument signs are not aesthetically pleasing and
would be enhanced by additional screening which will lessen the visual impact of the rear of the
signs.
TENANT SIGNAGE AND DESIGN GUIDELINES
Tenant Wall Sinns
A waiver is being requested from City Code Section 78-285, Permitted Signs, which states that
tenants may only be allowed one (1) flat/wall sign per tenant space or bay. The applicant is
requesting to allow one (1) additional wall sign for tenants with two or more elevations facing a
right-of-way or primary entrance. The request will affect Buildings A, B, C, D, I, J & K within
Date Prepared: May 1, 2007
Meeting Date: June 7, 2007
Resolution 7, 2007
the Donald Ross Village PUD.
For reference purposes, this waiver has also been granted to other mixed-use developments such
as the PGA Design Center PCD, Midtown (f.k.a. Borland Center) PUD, Legacy Place PCD, and
the PGA Commons PUD Phase 1-111 PUDs. Please note that this waiver will not affect signage
for tenants located in buildings H, G, E , and F because these buildings were previously granted
waivers for additional signage through the adoption of Ordinance 53, 2002 and Resolution 210,
2004 (please see attached site plan for building locations on-site).
Hotel Signage
The applicant requests that the restrictions upon the signage on the west elevation be removed
from the development order. Hilton Homewood Suites cannot accommodate their corporate
name and federally registered logo within the confines of the area approved through the adoption
of Resolution 210, 2004 due to the length of their name. Please be advised the new sign is
approximately 36 square feet smaller than allowed per City Code; therefore it does not require a
waiver.
L I
Tenants \hall be allowed I Tenant\ \hall be allowed a
maximum of two tenant signs one \ign per tenant
space or bay
Resolution 210, 2004
limits the sign on the
west elevation to 2' x 18'
36 sauare feet
53 square feet
1 sign I Yes
The following is the proposed amendment to Resolution 210, 2004, as it relates to signage on the
hotel. Please note that deletions are s&=L+& and new language is underlined:
.. 56. ?x c-
The signage on the north elevation is not to
exceed 2' x 12' led 2' x 18 . (Planning
& Zoning)
..
Affected Signs
The following chart consists of all proposed signs that could be allowed through the approval of
one (1) waiver and the amendment to development order condition No.56 of Resolution 210,
2004:
1. Staff recommends approval of the waiver to allow one (1) additional flat/wall sign for
tenants located in buildings A, B, C, D, I, J, and K. It is staffs professional opinion that
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Date Prepared: May 1, 2007
Meeting Date: June 7, 2007
Resolution 7,2007
the additional tenant signage enhances the pedestrian scale of the mixed-use concept and
promotes pedestrian circulation throughout the site. Furthermore, staff believes that
signage on more than one elevation, specifically for a MXD PUD, is important because it
would aid pedestrians with identifying their intended destination with ease from the
parking and pedestrian areas.
2. Staff recommends approval to increase the square footage of the sign on the west
elevation of the hotel from 36 square feet to 53 square feet by amending development
order Condition No. 56 of Resolution 210, 2004. The intent of this restriction was to
ensure that the signage was in proportion to the scale of the affected elevation. At the
time of adoption of Resolution 210, 2004, the hotel site had not secured a tenant. Since
that time, Hilton Homewood Suites has been selected as the hotel tenant for Building H.
Due to lengthy nature of their name, the Donald Ross Village hotel owner requested that
the square footage of the sign on the west elevation be increased to accommodate "Hilton
Homewood Suites" and their corporate logo. It is staffs professional opinion, the
proposed sign is proportionate to the elevation to which it is attached and does not detract
from the aesthetics of the building. Therefore, the intent of the original restriction will be
met through the new sign. City Code Section 78-285 allows principal tenantk to have a
maximum letter height of thirty-six inches and a maximum square footage of the lesser of
3% of the affected facade or ninety square feet. The proposed sign is forty percent
smaller than what would be allowed by City Code and provides a maximum letter height
of fifteen inches.
PLANNING, ZONING, AND APPEALS BOARD (PZAB)
The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public
hearing on April 24,2007, and voted 7-0 to recommend approval to City Council.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 7, 2007 with one waiver.
5
February 21 , 2007
Mr. Richard Manero, AICP
Principal Planner
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33401
urban
de#n stu 10
Urban Design
Urban Planning
Land Planning
Landscape Architecture
RE: CONVERSION OF PREVIOUS MISCELLANEOUS
APPLICATION FOR DONALD ROSS VILLAGE MXD PUD SIGNAGE TO A
PLANNED UNIT DEVELOPMENT
UDS REF: #99-044.25 (PUD)
Dear Richard:
Per our several discussions, please find the attached revised Development Application which
converts the existing Miscellaneous Application for Donald Ross Village (MISC-06- 10-0000 18)
into a requested Planned Unit Development application. With this conversion, we are also
requesting to adjust the allowable size of the approved building sign on the western elevation on
the hotel within the Donald Ross Village mixed use project. This request is in addition to the
previous request for a waiver from Section 78-285, to allow for one (1) additional tenant sign for
each tenant with a leasing space that has two or more elevations within the Donald Ross Village
(DRV) commercial portion of the PUD.
DRV was originally approved via Ordinance 53,2002, by the City Council on April 10,2003.
The DRV project has since had subsequent amending approvals via Ordinance 23,2004,
Resolution 125,2004, Resolution 210,2004, Resolution 55, 2005 Resolution 144,2005,
Resolution 159,2005, Resolution 7,2006, as well as numerous Administrative Amendment
approvals for the overall PUD, as well as a number of individual buildings.
With the adoption of Resolution 2 10,2004, which granted the approval of the hotel within the
mixed use project, a condition was placed on the hotel which limited the size of the signage on
the north and westem elevations. For the western elevation, at the top of the building, we are
seeking an amendment to this condition of approval which would allow for a slightly larger sign
to accommodate the tenant’s nationally-registered signage while providing less sign coverage
than the typical sign code standards.
Condition #56 of Resolution 21 0,2004 limits the size of western elevation sign to 2 feet by 18
feet, which results in a sign area of 36 square feet. Since the hotel was
approved, a tenant, Homewood Suites by Hilton, has been selected.
Because of the length of the name, we are seeking this signage
adjustment. The sign were are requesting has an area of 53.34 square
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDSonline.com
__ , lllil I LCC35
feet. As indicated on the attached graphic, the size of the sign is consistent with the size and
massing of the building as it does not dominate the facade. Also, as this sign is about 40% less
than the 90 square feet of area typically allowed for principal tenant signs.
With the provision of the Scripps Research Institute on the Abacoa and Briger sites, which are
adjacent to Donald Ross Village, the inclusion of this hotel will be a service for Scripps-related
visitors to the City. This western'elevation signage is the primary means to direct visitors,
searching for their hotel, to the site in a safe and efficient manner.
Attached for your consideration are the following documents:
Additional Application fee of $750 for the conversion of application to PUD amendment.
Development Application (9 copies)
Signage plans by Kieffer & Co., Inc.
Hotel elevation graphic by Urban Design Studio
We hope that this request meets with you approval and that you are able to recommend approval
to the City Council for final approval of the requested change. We request that
Should you have any questions, please feel free to contact me at 366-1 100.
Sincerely,
Urban Design Studio
Marty R. A. Minor, AICP
Senior Project Manager
CITY - OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Req ues t :
- Planned Community Development (PCD)
- Planned Unit Development (PUD)
- /Amendment to PCD, PUD or Site Plan
- Conditional Use
- Amendment to the Comprehensive Plan
- Administrative Approval - Miscellaneous
- Administrative Appeal Other
Project Name: Donald Ross Village PUD Amendment
Annexation
- Rezoning
- Site Plan Review
- Concurrency Certificate
-Time Extension
Date Submitted: 02/21/2007
Owner: Donald Ross/Military L.C. Address: One Clematis Ave, Ste 305, WPB, FL 33401
Applicant (if not Owner): Same
Applicant’s Address: Same Telephone No.
Agent: Urban Desiqn Studio
Contact PerSon: Sandra Parks E-Mail: sparks@udsonline.com
Marty Minor
Agent’s Mailing Address: 477 S. Rosemary Avenue, Suite 225. West Palm Beach. FL 33401
Agent’s Telephone Number: (561 366-1 100 Fax Number: (561) 366-1 11 1
FOR OFFICE USE ONLY
Petition Number:
Fees Recived
Date & Time Received:
Application $ Engineering $
Receipt Number:
1
Architect: Phone Number:
Engineer: NIA Phone Number:
Planner: Urban Design Studio Phone Number: (561 ) 366-1 100
Landscape Architect: Urban Design Studio Phone Number: (561 ) 366-1 100
Site Information: Note: Petitioners shall submit electronic digital files of
approved projects. See attachment for details.
Genera] Location: southeast corner of Central Boulevard and Donald Ross Road
Address:
Section: 25 Township: 41 Range: 42
Acreage: 45.37 Current Zoning: PUD Requested Zoning: PUD
Floodzone B Base Flood Elevation (BFE) - to be indicated on site plan Yes
Current Comprehensive Plan Land Use Designation: Commercial and Mixed Use
Existing Land Use: Mixed Use Project Requested Land Use: No Change
Proposed USe(S) i.e. hotel, single family residence, etc.: Approved: retail. hotel. medical off., residential a fitness ctr.
Proposed Square Footage by Use: Approved: 13,50Osf/retail, 18,387sWmedical off, 20,00O/sf/titness ctr 8 93 room hotel
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if
applicable): -ved for 156 r-its
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations}
1. Explain the nature of the request: This is a request for approval of a Planned Unit Development
Amenvion requesting a waiver from Section 78-785. to allow for one (1)
additional tenant sign for each tenant with a leased space that has two or more
elevations within the Donald Ross Villaae (DRV) commercial portion of the PUD. The
request also includes a requested modification to the size of the sign for Homewood
Suites hotel on the hotel’s western elevation.
..
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2. What will be the impact of the proposed change on the surrounding area?
There is no impact to the surroundmg area as a result of this request.
3. Describe how the rezoning request complies with the City’s Vision Plan and the following
elements of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing,
Infrastructure, Coastal Management, Conservation, Recreation and Open space,
Intergovernmental Coordination and Capital Improvement.
This is a request for the amendment to the mixed use project’s sign program is
consistent with other City approvals and meets the City’s Vision Plan and the City’s
Comprehensive Plan.
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78-30 1 , Land Development Regulations)?
All City requirements for preservation of natural resources and native vegetation were
addressed with the original approval of the overall development.
3
e
5. How will the proposed project comply with City requirements for Art in Public Places
(Chapter 78-261, Land Development Regulations)?
The Art in Public Places requirements have been addressed.
6. Has project received concurrency certification?
Not Atmlicable
Date received: Not Applicable
Lepal Description oi the Subiect Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
4
Location
The subject property is located approximately 0.0
Donald Ross Rd. and Military Trail , on the - north, -east, Xsouth, - Xwest side of
corner of Donald Ross Rd and Military Tr (street/road).
Property Control Number(s) of the subject parcel(s):
52-42-41 -25-00-000-3040 I I
mile(s) from the intersection of
5
OWNERS AGREEMENT
Before me, the undersigned authority, personally appeared TOM HAMILTON, who being first
duly sworn on oath, deposes and say:
1.
2.
3.
4.
5.
6.
7.
That, he is the Manager of DONALD ROWMILITARY, L.C., which is the Owner of the
commercial portion of the Donald Ross Village PUD, located in the City of Palm Beach Gardens,
Florida; and
That, DONALD ROSSMILITARY, L.C., is requesting an Miscellaneous Application to the
approved Donald Ross Village Planned Unit Development on the above described property.
That, DONALD ROSSMILITARY, L.C., has full authority to file and pursue this application
and that he is authorized to act on behalf of, in connection with such filing.
That, DONALD ROSS/MILITARY, L.C., has appointed URBAN DESIGN STUDIO and
MARTY MINOR to act. as Agent in its behalf to accomplish the above.
That, DONALD ROSS/MILITARY, L.C., commits to proceed with the proposed development
in accordance with the Adrmnistrative Amendment and such conditions and safeguards as may
be set by the City; and
That, DONALD ROSS/MILITARY, L.C., or its successors or assigns, commits to complete the
development according to the plans approved by such Administrative Amendment, and to
continue operating and maintenance to such areas, functions, and facilities as are not to be
provided, operated or maintained by the City of Palm Beach Gardens pursuant to written
agreement; and
That, DONALD ROSSNILITARY, L.C., commits to bind any successors in title to any
commitments made in the approval.
DONALD ROSSNILITARY, L.C.,
Donald RosdMilitary, L.C.
pd2byf Sworn to and subscribed before me this 6 day o %@ember, 2006
My Commission Expires:
Applicant’s Certification
I/We affirm and certi@ that I/we understand and will comply with the land development
regulations of the City of Palm Beach Gardens, Florida. I/WE further certify that the statements
or diagrams made on any paper or plans submitted herewith are true to the best of my/our
knowledge -and belief. Further, I/we understand that this application, attachments, and
application filing fees become a part of the official records of the City of Palm Beach Gardens,
Florida, and are not returnable.
Applicant is:
Signature of Apscant
- Owner
- Optionee
- Lessee
Urban Design Studio
Print Name of Applicant
477 South Rosemary Avenue, Suite 225
Street Address
West Palm Beach. Florida 33401
City, State, Zip Code
- /Agent (56 1 ) 366-1 1 00
Telephone Number
- Contract Purchaser (561) 366-1 11 1
Fax Number
E-M aiiAddress
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Richard Marrero
From:
Sent:
To:
cc:
Subject:
Brad Wiseman
Monday, April 16, 2007 2:36 PM
Kara Irwin; Richard Marrero
Talal Benothman
RE: Petition PUDA-07-02-000004 Donald Ross Village PUD Amendment
I think we should give him a call and explain the request. He may not clearly understand
just from the notice.
Brad Wiseman
Planning Manager
Growth Management Dept.
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Phone: (561) 799-4235
_____ Original Message-----
From: Kara Irwin
Sent: Monday, April 16, 2007 2:25 PM
To: Richard Marrero
Cc: Brad Wiseman; Talal Benothman
Subject: Fw: Petition PUDA-07-02-000004 Donald Ross Village PUD Amendment
Have you spoken with or had any contact with this gentleman?
We are recommending approval, what do you gentlemen think about engaging this gentleman
with the reasons why we are supporting?
Are we able to address his issues?
_____ Original Message -----
From: Talal Benothman
To: Ron Ferris; Kara Irwin
Cc: Brad Wiseman; Richard Marrero
Sent: Mon Apr 16 14:08:07 2007
Subject: RE: Petition PUDA-07-02-000004 Donald Ross Village PUD Amendment
We will include it as part of the record. Thanks
Richard, please include the email as part of the staff report and presentation. Thanks
From: Ron Ferris
Sent: Monday, April 16, 2007 2:Ol PM
To: Kara Irwin; Talal Benothman
Subject: FW: Petition PUDA-07-02-000004 Donald Ross Village PUD Amendment
From: sheatom@aol.com [mailto:sheatom@aol.coml
Sent: Monday, April 16, 2007 1:59 PM
1
To: Ron Ferris
Subject: Petition PUDA-07-02-000004 Donald Ross Village PUD Amendment
Dear Mr. Ferris:
I received a notice for the variance from the Sterling Centrecorp relative to the sign
variance. I won't be able to attend the public hearing on Tuesday, 4/24/07; therefore,
I'd like to express my objection to this variance. Part of my decision process in
selecting PBG and my current residence was the non-commericial nature of the
neighboorhood. Changing the signs would be a detraction and only promote an "Idiantown
Road" atmosphere. And as am sure you're aware, the signage is already more obtrusive as
compared to accross Donald Ross at Abacoa Plaza.
I trust you'll represent my interests at this meeting. Thank you
Tom Shea
4931 Bonsai Circle
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'I
Date Prepared: October 18,2004
RESOLUTION 210,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT FOR
THE DEVELOPMENT OF A 93-ROOM HOTEL, 18,387 SQUARE
FEET OF MEDICAL OFFICE, 13,500 SQUARE FEET OF RETAIL,
AND A 20,000 SQUARE-FOOT FITNESS CENTER ON PHASE II OF
THE DEVELOPMENT PLANS FOR THE DONALD ROSS VILLAGE
PLANNED UNIT DEVELOPMENT (PUD), GENERALLY BOUNDED
BY DONALD ROSS ROAD TO THE NORTH, CENTRAL
BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE
EAST, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR ADDITIONAL WAIVERS; PROVIDING FOR
ADDITIONAL CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
i
I I WHEREAS, on April IO, 2003, the City Council adopted Ordinance 53, 2002,
ther by approving the master site plan for a planned unit development (PUD), including
256 multi-family residential units, a 93-rOOm hotel, 9,000 square feet of professional
(busness) office, 3,236 square feet of gaslconvenience store, 4,000 square feet of
ban , 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400
squ re feet of outdoor seating area for retail, and 14,873 square feet of drug store on an
WHEREAS, the City Council approved an area of Reserve Preserve on the
appr ximately 45-acre site, generally bounded by Donald Ross Road to the north,
Cen ral Boulevard to the west, and Military Trail to the east; and
mas er site plan that the applicant was permitted to develop contingent upon off-site
miti d ation being provided for within the City limits; and
1 p
~ WHEREAS, on July 1, 2004, the City Council approved the transference of the
rezoning, site plan approval, and the conditions related thereto to a separate ordinance
and Iresolution. The zoning set forth in Ordinance 53, 2002 was re-affirmed by
Ordibance 23, 2004 and the master site plan, waivers, and conditions of approval were
trandferred to Resolution 125, 2004; and
WHEREAS, on July 1, 2004, the City Council adopted Resolution 125, 2004,
which approved the off-site mitigation parcel required to develop the remainder of the
in Phase II and a waiver to further reduce the width of the upland
along Central Boulevard and Military Trail to provide for utility
' WHEREAS, on August 5, 2004, the City Council adopted Resolution 149, 2004,
which approved a waiver to eliminate the lake maintenance easement along the south
side bf the 5.09-acre lake on site; and
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'!
Date Prepared: October 18,2004
Resolution 210,2004
WHEREAS, the City has received a request (PUD-03-10) from Dodi Glas of
Urban Design Studio, on behalf of Donald Ross I Military, L.C. for approval from the City
of Palm Beach Gardens for Phase II of the Planned Unit Development (PUD), which
con$ists of a 93-rOOm hotel, 18,387 square feet of medical office, 13,500 square feet of
retail, and a 20,000 square-foot fitness center; and
WHEREAS, the Orowth Management Department has reviewed said application,
has Uetermined that it is sufficient and is consistent with the City's Comprehensive Plan
and ILand Development Regulations, and has recommended approval; 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 review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the @est 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 4ALM BEACH GARDENS, FLORIDA that:
I
~ SECTION 1. The foregoing recitals are hereby affirmed and ratified.
, SECTION 2. The development plans for the Donald Ross Village Planned Unit
Dev lopment as amended by application PUD-03-10 are hereby APPROVED on the
follo f ing described real property, subject to the conditions of approval contained herein,
which are in addition to the general requirements otherwise provided by ordinance:
LEGBL D ESC RI PTI ON :
PA~CEL 4.02
A PLRCEL OF LAND LYING IN SECTION 25, TOWNSHIP 42 SOUTH, RANGE 42
EASF, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DEdCRlBED AS FOLLOWS:
BEQlNNlNG AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
DONALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BO LEVARD; THENCE SOUTH 00'48'04" WEST, ALONG SAID EAST RIGHT-OF-
WA Y LINE OF CENTRAL BOULEVARD (THE EAST RIGHT-OF-WAY LINE OF
DIS 1 ANCE OF 839.86 FEET TO A NON-TANGENT CURVE HAVING A RADIAL
CEWTRAL BOULEVARD IS ASSUMED TO BEAR SOUTH 00'48'04" WEST AND ALL
OT ER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A
BEARING OF NORTH 03'30'17" WEST, A RADIUS OF 840.06 FEET, AND A
CENTRAL ANGLE OF 86'25'48". THENCE PROCEED EASTERLY AND NORTHERLY
ALOWG THE ARC OF SAID CURVE, A DISTANCE OF 1,267.22 FEET TO THE END
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Date Prepared: October 18,2004
Resolution 210,2004
OF $AID CURVE TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE OF DONALD
ROqS ROAD; THENCE NORTH 89O50'03" WEST, ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 776.97 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL. LESS AND EXCEPTING THERE FROM THAT
761, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CERTAIN RIGHT-OF-WAY DESCRIBED IN OFFICIAL RECORDS BOOK 9567, PAGE
PARCEL 4.04
A PARCEL OF LAND SITUATE IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42
, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
AS FOLLOWS:
CO~MENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
DO ALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BO ! LEVARD; THENCE SOUTH 89O50'03" EAST, ALONG SAID SOUTH RIGHT-OF-
WAV LINE (THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD IS
ASSbMED TO BEAR SOUTH 89O50'03'' EAST AND ALL OTHER BEARINGS
REF RENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 776.97 FEET
POINT OF BEGINNING ALSO BEING ON A NON-TANGENT CURVE HAVING A
RA IAL BEARING OF NORTH 89O56'04" WEST, A RADIUS OF 840.06 FEET, AND A
CE li TRAL ANGLE OF 86'25'48"; THENCE PROCEED SOUTHERLY AND WESTERLY
ALOkG THE ARC OF SAID CURVE, A DISTANCE OF 1,267.22 FEET TO THE END
TO 1 HE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID
OF AID CURVE AND A POINT ON THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BO us LEVARD; THENCE SOUTH 00°48'04" WEST, ALONG SAID EAST RIGHT-OF-
WAY LINE, A DISTANCE OF 429.42 FEET TO A POINT ON THE NORTH LINE OF
THE! WILLIAM DWYER HIGH SCHOOL SITE AS DESCRIBED IN OFFICIAL
REUORDS BOOK 5889, PAGE 534; THENCE SOUTH 89O51'04" EAST, ALONG SAID
OF-&AY LINE OF MILITARY TRAIL; THENCE NORTH 01°22'09' EAST, ALONG SAID
WEQT RIGHT-OF-WAY LINE, A DISTANCE OF 1,269.01 FEET TO A POINT ON THE
806. 7 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
IN I FFlClAL RECORDS BOOK 7483, PAGE 1746, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
NOaTH LINE, A DISTANCE OF 1,570.56 FEET TO A POINT ON THE WEST RIGHT-
SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD; THENCE NORTH
89'5 '03" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF
PAR EL. LESS AND EXCEPTING THERE FROM THE RIGHT-OF-WAY DESCRIBED
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
apprwes the following waivers:
1. Waiver from City Code Section 78-1 53, Nonresidential Zoning District
' Regulations, to allow a five-story hotel building (Building H).
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Date Prepared: October 18,2004
Resolution 210,2004
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2. Waiver from City Code Section 78-285, Signage, to allow identification signage
on the top of the fifth floor western elevation of Building H.
3. Waiver from City Code Section 78-344 (1) (I), to allow for nine and one-half (9.5)
foot wide parking stalls for the area adjacent to the hotel building.
4. Waiver from City Code Section 78-344 (1) (I), to allow sixteen and one-half
(16.5) foot long parking stalls for parking spaces adjacent to the hotel use.
5. Waiver from City Code Section 78-285, Signage, to allow for an additional sign
on the west elevation of Building H.
6. Waiver from City Code Section 78-285, Signage, to allow for an additional
building identification wall sign on Building J.
7. Waiver from City Code Section 78-563, Lake Maintenance Easements, to allow
encroachments within the lake maintenance easements.
SECTION 4. Said Planned Unit Development is approved subject to the
following conditions, which shall be the responsibility of the applicant, its successors, or
assigns:
Build-Out Date
1. Pursuant to the terms of Ordinance IO, 2003, the build-out date for this
development is December 31, 2004. All infrastructure and common-area
landscaping shall be completed for the commercial and residential uses prior to
this date. (Planning & Zoning)
Temoorarv Trailers
2. Any trailers used on site for construction, security, or marketing/sales purposes
shall meet the requirements set forth in Section 78-159 of the Land Development
Regulations. (Planning & Zoning)
TemrOorarv Sians
3. The applicant shall be permitted one thirty-six (36) square-foot temporary
development sign per right-of-way frontage (for a maximum total of three (3)).
Any additional temporary development signs shall require separate approval by
the City Council. (Planning & Zoning)
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Master Sign Plan
4. Prior to the issuance of the first Certificate of Occupancy for any structure on
site, the applicant shall submit an application for and receive approval from the
City Council for a detailed master sign package for both the residential and non-
residential portions of the site. The master sign plan shall include wall signs and
monument signs proposed for the commercial uses on site, as well as entry
features, address numbers, and building numbers for the residential uses on site.
The master sign plan shall also include directional signs, traffic regulatory signs,
and building directory signs. Neon signs and internally illuminated aluminum
channel wall signs shall not be permitted. Backlit reverse channel wall signs and
soffit signs may be permitted. (Planning & Zoning)
Gateway Sign
5. If the City Council makes a decision on the specific location(s) and design of the
City entryway signs, applicable to the Donald Ross Village PUD, the applicant
shall file an administrative amendment petition with the Growth Management
Department to modify the location(s) of the proposed monument signs at the
Donald Ross Village PUD in accordance with the City Council decision. The
specific locations may include the southwest corner of Donald Ross Road and
Military Trail and the southeast corner of Central Boulevard and Donald Ross
Road within the Donald Ross Village PUD property. The applicant shall
construct and maintain said entryway sign@) within twelve (12) months of the
City Council’s approval of the entryway sign plan. (Planning & Zoning)
Future Site Plans for Phase II
6.
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8.
Future site plans for the Hotel and Future Retail Development Area shall be
reviewed as major amendments to the Planned Unit Development, in accordance
with Section 78-49(b)(7) of the Land Development Regulations. A minor change
of up to 5% to the approved allocation of uses for the commercial and ofice
buildings shall require administrative review and approval of a parking and traffic
equivalency analysis by the Planning and Zoning Division. Any major
modifications (greater than 5%) to the allocated uses shall require review and
approval by City Council. (Planning 81 Zoning)
Future site and architecture plans for parcels within Phase II shall comply with
the architectural guidelines set forth by this Ordinance, attached hereto and
incorporated herein as Exhibit “B.” (Planning & Zoning)
Future site plans for parcels within Phase II shall substantially comply with “build-
to streetline” standards (building footprint having a zero-foot setback to spine
road sidewalk), attached hereto and incorporated herein as Exhibit “C”, to
enhance “main street” environment in this location. (Planning & Zoning)
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Art in Public Places
9. The applicant shall be required to provide Art in Public Places should
construction costs exceed $1 million, pursuant to the Land Development
Regulations. All public art shall be reviewed and approved by the Art Advisory
Board. If the applicant is proposing to provide art on site to meet the Art in Public
Places requirement, then the art shall be approved and installed prior to issuance
of the final commercial Certificate of Occupancy for Phase I. (Planning &
Zoning)
Rinht-of-Way Landscaping
IO. The median and adjacent shoulder landscaping and irrigation for Donald Ross
Road, Military Trail, and Central Boulevard shall be installed and completed
within six (6) months from the issuance of the first clearing permit. (City
Forester)
11, The petitioner, successors, and assigns shall be responsible for their fair share
for the landscape, irrigation, and maintenance of the median and adjacent
roadway shoulder landscaping for Donald Ross Road, Military Trail, and Central
Boulevard per Ordinance 36, 2002 (a/k/a Roadway Beautification Plan). (City
Forester)
12. Detailed Landscape Plans referenced in Condition #IO shall be prepared by the
applicant based on the City Roadway Beautification Plan, and shall be submitted
to the City for staff review no later than ninety (90) days after the effective date of
this development order. (Planning & Zoning)
13. Prior to the issuance of the first building permit, the applicant shall place monies,
in an amount equal to 110% of the cost of the landscape improvements
referenced in Condition # 10, in an escrow account established by the applicant
to be used by its successors or assigns to complete the project. In the event the
City of Palm Beach Gardens, or another entity, forms a special district pertaining
to the landscape maintenance of contiguous rights-of-way, then the Donald Ross
Village property owners association, successors, or assigns shall automatically
become a member of such special district. This condition may be amended at
any time by a separate agreement between the applicant and the City Palm
Beach Gardens. (Planning & Zoning)
Environmental
14. By May 12, 2003, the applicant shall submit a restoration plan for the two (2)
disturbed wetlands located at the northwest corner and southeast corner of the
subject site. (Planning & Zoning)
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Date Prepared: October 18,2004
Resolution 210,2004
No land alteration/clearing shall be allowed until all issues have been satisfied
with the Florida Fish and Game Commission regarding the relocation of Gopher
Tortoises on or off site. (Planning & Zoning)
All preserve areas, native vegetation, and trees to be preserved shall be
identified with protective fencing. The Growth Management Department shall
conduct a site visit prior to commencement of land alteration or clearing to
confirm that such areas are identified and protected pursuant to City Code.
(Planning & Zoning)
Prior to the platting of the preserve areas, an upland preserve maintenance plan
shall be submitted to the City for review and approval by the City Engineer, City
Attorney, and the City Forester. (Planning & Zoning)
]cations and lmwovements
All sidewalks within the parkway easements not located within the road rights-of-
way shall be dedicated as public access easements and shall be maintained by
the master property owners association prior to issuance of the first commercial
Certificate of Occupancy. (Planning & Zoning)
22 Police DeDartmenVCPTED Desicln
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Numerical addresses shall be located on all buildings and illuminated for
nighttime visibility. (Planning & Zoning and Police)
Parkway and preserve paths shall maximize natural surveillance of the
pedestrian users through the selective vegetative management practices.
Adjacent to parkway and preserve multi-use pathways, ground cover shall be no
higher than twenty-four (24) inches, and trees having a minimum of seven (7)
foot clear trunk space shall create a natural surveillance. Additional measures
may be required by the Police Department per CPTED. (Planning & Zoning and
Police)
Prior to issuance of the first non-residential Certificate of Occupancy, all multi-
use pathways and/or sidewalks adjacent to preserves shall be reviewed and
approved by a CPTED certified police officer with the City. (Planning & Zoning
and Police)
All pedestrian walkways on site, including parkway multi-use pathways and
sidewalks within rights-of-way, shall be lit, at a minimum, no less than six-tenths
(.6) foot-candles with fourteen (14) foot high pedestrian scale lighting, to be of
similar design to the parkway lighting used within the MirasoVJog Road parkway
corridor. (Planning and Zoning, Police)
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Resolution 210,2004
Prior to issuance of the Certificate of Occupancy for the financial institution, a
CPTED certified police officer shall inspect the structure for compliance with
CPTED principles, as outlined in the Police Department memorandum dated
February 1, 2002, attached hereto and incorporated herein as “Exhibit 0.”
(Planning & Zoning, Police)
Prior to the issuance of the first residential building permit, a CPTED certified
officer shall review construction plans for compliance with CPTED principles,
including, but not limited to, strike hardened doors, peep-holes, telephone line
connection box within the garage, building lighting, and lighted address and
building numbers. (Planning & Zoning, Police)
The height of all light poles along the parkway buffer shall not exceed fourteen
(14) feet in height and shall be metal halide. All lighting shall not conflict with
landscaping. (Planning & Zoning, Police)
Fire ,Department
26. Prior to the issuance of the first Certificate of Occupancy for three-story
residential buildings, the Fire Marshall shall inspect the units for fire sprinkler
installation as required by City Ordinance. (Fire)
Service Station Liahtinq
27. Lighting for the service station canopy shall be recessed and shielded or shall
contain a cutoff luminaire within the structure or fixture in which it is located. The
lighting source shall not be visible from adjacent properties or rights-of-way. The
maximum average foot-candle for the service station shall be fifty-five (55).
(Planning & Zoning)
Use$ Permitted
28. Uses permitted within the non-residential buildings on site shall be consistent
with the permitted use table attached hereto and incorporated herein as “Exhibit
E.” Any use hereby not approved which is identified as a conditional use by the
City’s LDRs must undergo conditional use analysis and review and be approved
by the City Council. Any medical office use on site shall be required to undergo
an administrative review, including a parking analysis and a traffic equivalency
statement consistent with the approved traffic concurrency, to be approved by
the Growth Management Director. (Planning & Zoning)
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Date Prepared: October 18,2004
Resolution 210,2004
29. Prior to the issuance of each building permit for interior renovations of any non-
residential use approved on site, the applicant or its agent shall submit a
breakdown by use of the gross square footage for lease of all buildings
containing non-residential uses for approval by the Planning and Zoning Division,
The petitioner shall conform to the approved non-residential uses, the
percentages thereof, and the total square footage of each approved use for
Parcel 4.04 of the PUD as reflected in Exhibit “G,” attached hereto and
incorporated herein. (Planning & Zoning).
30. The total square footage allocated for restaurant use shall not exceed 25% of the
total approved square footage for the entire PUD, excluding the square footage
approved for the two restaurants located at Buildings C and D. (Planning €4
Zoning)
Disclosure
31. Prior to the issuance of the first residential building permit, except model homes,
the master property owners association documents and restrictions shall be
furnished by the applicant to the City Attorney for review and approval prior to
such documents being recorded in the Public Records of Palm Beach County.
(City Attorney)
32. Prior to issuance of the first building permit, the petitioner shall submit to the City
Attorney and the Planning and Zoning Division documents demonstrating unity of
control by the petitioner or the property owners association over the entire PUD.
(City Attorney, Planning & Zoning)
33. Prior to issuance of the first residential Certificate of Occupancy, the petitioner
shall provide to the City Attorney the master property owners association
documents containing language disclosing the proximity of the residential area to
the commercial buildings, including buildings H and J. (City Attorney)
Residential Siqnaqe, Linhtina. and Accessorv Buildinqs
34. By July 9, 2003, the applicant shall submit for City Council review and approval
an application including details and site plans of the residential sign program,
entry features, and all accessory buildings, including gazebos, and lighting for
the residential portion of the PUD. (Planning & Zoning)
Temporary Dumpsters
35. The applicant shall be permitted two (2) temporary dumpster locations on Parcel
H to allow for refuse collection for Buildings A and B. The temporary dumpster
locations shall be removed upon construction of the access roads on this parcel
or no later than twelve (12) months after the issuance of the final certificate of
occupancy for the non-residential portion of Phase I, whichever comes first, at
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Date Prepared: October 18,2004
Resolution 210,2004
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which time the dumpsters shall be re-located to the permanent location indicated
on the master site plan or as amended with the Phase II site plans for Buildings
H and J. The dumpsters shall be screened with a material consistent with the
architecture of Buildings A and B and shall be located in a landscaped area.
(Planning & Zoning)
Drv-Model Permits Prior to Plattinq
36. The applicant shall post surety prior to the issuance of a building permit for the
model homes for the purposes of demolition and lien protection to remain in
effect until the plat is recorded. The amount of the letter of credit shall equal a
total of 1/3 of the hard costs of construction of all of the proposed models, as
depicted on the master plan, attached hereto and incorporated herein as Exhibit “C.” No more residential permits shall be issued until the residential portion of
the PUD is platted. (City Engineering)
Off-Site Mitigation
37. No land alteration/clearing shall be allowed for the hotel site and 43 parking
spaces adjacent to the Parkway Preserve between the central and eastern
Donald Ross Road entrances until the City has approved an off-site mitigation
plan, (Planning & Zoning)
38. Should the applicant pursue an off-site mitigation for the upland preserve, said
off-site mitigation shall be approved by a separate instrument. (Planning &
Zoning)
Enqineerinq
39. Prior to the issuance of the first buildincr permit, the applicant shall provide
construction plans sufficient to construct the project and meet all applicable ADA
and FDOT requirements for handicapped access. (Citv Enqineer)
40. The applicant shall complv with anv and all Palm Beach Countv Traffic Division
conditions as outlined in the PBC Traffic Division equivalency and concurrency
approval letter dated March 21,2001. (Citv Enaineer)
41. The apdicant shall post suretv prior to the issuance of the buildinq permit for the
model homes for the purposes of demolition and lien protection which surety
shall remain in effect until the plat is recorded. The amount of the suretv shall
equal a total of 1/3 of the hard costs of construction of all of the proposed
models, as exhibited in Exhibit “C”, Ordinance 53, 2002. No more residential
permits shall be issued until the residential portion of the PUD is platted. City
Enqineer)
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Date Prepared: October 18,2004
Resolution 210, 2004
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42. Prior to the issuance of the first buildinn permit for any structure, the applicant
shall provide suretv, acceptable to the Citv, for the construction of the public
improvements. The applicant shall provide an annual evaluation and adiustment
of the suretv for the public improvements to account for inflation and fluctuations
of construction costs. The annual evaluation and adiustment shall be performed
each Year Prior to the anniversary of the Development Order approval. (City
Enaineer)
43. Commencinq with the date of approval of this amended development order and
continuinq throuqh substantial completion of construction, the applicant shall bi-
annually provide the Citv with a status report on all the approved elements of the
PUD. includinq a summary of completed construction and schedule of proposed
construction over the remaining life of the development order. (Citv Engineer)
44. Six (6) months after issuance of the first residential buildina permit and
semiannuallv thereafter until issuance of the final certificate of occupancy, the
applicant, successors, or assiqns shall submit a report, showinq the number of
amroved permits and certificates of occupancv issued to date, for review and
approval bv the Citv Enqineer. (Citv Enaineer)
45. The applicant shall provide all necessary construction zone sianaae and fencing
as required bv the Citv Engineer. (Citv Enqineer)
CPTED
46. Metal halide liahtinn shall be used alonn streets, pedestrian walkwavs, parkinq
lots. multi-use pathwavs and pedestrian walkwavs (sidewalks). Multi-use
pathwavs and sidewalks within the site shall be lit at a minimum of 0.6-foot
candles. (Growth Manaqement. Police)
47. Non-dare buildinq liahtinn shall be installed around the entire buildina perimeter
and on Dedestrian walkwavs. (Police)
48. Timer clock or photocell liahtina shall be provided for nighttime use above or
near entwavs and all exits includinn emerqencv exits. (Police)
49. Prior to the issuance of the first Certificate of Occupancv. the applicant shall
provide pedestrian-scale liahtinq on the sidewalks adiacent to the propertv within
the adiacent rinhts-of-wav. unless said liqhtinn is alreadv beinn provided as part
of another construction project. (Planning and Zoninq)
Parking
50. The applicant shall submit, at its cost, an annual parkins studv to determine the
actual parking demand on site. The observed demand will be compared to the
existinq parking supplv to determine if the provided parkinn is adequate to
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Date Prepared: October 8,2004
Resolution 210,2004
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accommodate existing demand plus expected demand generated bv the uses
that have not vet been issued Certificates of Occupancv. This calculation will
include an appropriate buffer between the Darkinq supplv and demand as
recommended bv either the Institute of Transportation Enqineers, Urban Land
Institute, or other recoqnized published traffic enaineerinq orqanirations or
resources. The first annual parkinq studv must be submitted when Certificates of
Occupancv for 80% of the proiect’s approved square footage have been issued.
The parkina studv will be performed on an annual basis for a period of five (5)
years. Said studv shall be performed bv an independent professional traffic
enqineer mutuallv selected bv the applicant and Citv staff. The precise
methodologv shall be aqreed upon bv both the applicant and Citv staff at the time
that the studv is initiated. At a minimum, the studv is to be performed during the
peak season and durinq the peak operatina hours on a Thursdav, Fridav, and
Saturdav (with the exception of the Christmas and Thanksqivinq holidavs), or as
determined bv the Growth Management Director. (Citv Engineer)
51. Should the parking studv conclude that the available on-site parkinq is 90% or
more occupied, then the applicant shall provide a permanent (perpetual) solution
to increase parkinq supplv for the proiect. The solution may include (1) the
construction of a parking qarage, so lonq as the elevations are desiqned to have
the appearance of a building other than a qarage that is architecturallv consistent
with the rest of the site; or (2) other viable alternative means as approved bv City
Council. When the on-site parkina is determined to be 90% or more occupied,
the shared parking studv provided bv the applicant shall be considered null and
void, and the applicant shall construct the required parkinq based on the number
of spaces recommended bv the above-referenced parkinq studv. or as otherwise
determined bv the Citv Council. (Citv Engineer)
52. Prior to issuance of any Certificates of Occupancv. the applicant shall transfer
any surety for completed public improvements and post additional suretv as
necessarv to secure 110% of the cost of construction of the additional parkinq
sDaces referenced in Condition No. 51 as approved bv the Citv Council. The
Citv shall release neither the suretv posted bv the applicant for Dublic
improvements nor the additional surety to be paid bv the applicant after
completion of said improvements for a period of five (5) Years from the date the
proiect receives Certificates of Occupancv for 80% of the approved square
footage for the subiect site. (Planninq 81 Zoning)
53. Construction of or provision for additional parkinq spaces by a permanent
berpetual) alternative means for the project shall be completed within one (1)
year of the determination that the on-site parkinq is 90% occupied. (City
Enqineer)
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Date Prepared: October 18,2004
Resolution 210,2004
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54. Hotel Emplovee parkina shall not be allowed on Parcel J. The hotel shall require
all emplovees to park within the shared parkina areas within the Planned Unit
Development in order to reserve the parking in Parcel J for hotel guests. The
applicant shall install appropriate siqnage in the Parcel J parkina lot that
desiqnates the parkinq is for hotel quests onlv. (Planninq & Zoninq)
Siqnaae and Occupational Licenses
55. Prior to the issuance of each occupational license or buildincl permit for interior
renovations of tenant spaces, the aDDlicant or its aaent shall submit a tabular
breakdown bv use of the qross square footaqe for lease, for approval bv the
Planning and Zonina Division. The table shall include the approved square
footaaes for the retaiVmixed use buildinas, which are designated as Buildinas A,
B, I, and .I on the master site plan. The applicant shall include the existina uses
that have been issued occupational licenses in order to verifv that the requested
uses do not exceed the allowances approved for professional office (9,000
square feet), medical office (18.387 square feet), retail (45.000 square feet). and
restaurant (1 3.000 indoor dininq, 2,400 square feet outdoor dininq). (Planninq &
Zoninq)
56. The waiver wanted for the hotel building shall be continaent upon the applicant
limitinq the size of the proposed siqnage on the west and north elevation of the
buildina. The siqnaae on the north elevation is not to exceed 2’ X 12’ and the
siqn on the west is not to exceed 2’ X 18’. (Planning & Zoning)
57. The waiver aranted for Buildinq J (medical office) shall be continaent upon the
applicant limiting the size of the additional sign on the east elevation of the
buildinq. It shall be smaller in size bv 25% than the north elevation sign.
(Planninq & Zoning)
58. All tenant siqnaae (around floor users, excludina principal (sinale tenant
buildings) tenants) shall be limited to letter height of not more than (NMT) 24”.
{Planning & Zoninq)
Miscellaneous
59. Required digital files of the approved plat shall be submitted to the Planning and
Zonina Division Drior to the issuance of the first buildina permit, and approved
civil desiqn and architectural drawings shall be submitted prior to the issuance of
the first Certificate of Occuoancv. (GIs Manaqer. Development Compliance
Officer)
60. Prior to the issuance of the first buildina permit, the master propertv owners
association documents and restrictions shall be furnished bv the applicant to the
Citv Attornev for review and approval prior to such documents beinq recorded in
the Public Records of Palm Beach Countv. (Citv Attorney)
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Date Prepared: October 18,2004
Resolution 210.2004
61. Prior to issuance of the first buildinq permit, the petitioner shall submit to the Citv
Attornev and the Planninq and Zoninq Division documents demonstratinq unitv of
control bv the applicant or the property owners association over the entire site.
{Citv Attornev)
62. Striped awnings shall not be permitted within the Planned Unit Development.
(Planning & Zoning)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
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9.
PUD Site Plan Sheets, Urban Design Studio, 08.25.2004, 7 sheets.
Paving & Drainage Plans, Schaefer Fagan, 08.26.2004, Sheets 1 - 20 (20
sheets).
Parking Contingency Plan, Urban Design Studio, 08.18.04, 1 sheet.
Parking Garage Floor Plans & Elevations, OGS&P, 04.14.04, Sheet GA-1 (I
sheet).
Building H, OGS&P, 07.03.03, 1 sheet.
Building I, OGS&P, 08.1 1.04, 1 sheet
Building K, OGS&P, 04.05.04, 1 sheet.
Building J, OGS&P, 04.05.04, 1 sheet.
Landscape Plan PUD Amendment Phase II, UDS, 08.30.04, Cover sheet, L-I
through L-12 (12 sheets).
10. Donald Ross Village Signage & Graphics Program, MT Fuller, 19 pages.
SECTION 6. Said 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)
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Date Prepared: October 18,2004
Resolution 210,2004
PASSED AND ADOPTED this !fw day of NU c/&ReA. ,2004. 1
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CITY OF PALM - E
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APPROVED AS TO FORM AND
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RESOLUTION 149,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE DEVELOPMENT PLANS FOR THE DONALD ROSS VILLAGE
PLANNED UNIT DEVELOPMENT (PUD) GENERALLY BOUNDED
BY DONALD ROSS ROAD TO THE NORTH, CENTRAL
BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE
EAST, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR AN ADDITIONAL WAIVER; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on April 10, 2003, the City Council adopted Ordinance 53, 2002,
thereby approving the master site plan for a planned unit development (PUD), including
256 multi-family residential units, a %room hotel, 9,000 square feet of professional
(business) office, 3,236 square feet of gaslconvenience store, 4,000 square feet of
bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400
square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an
approximately 45-acre site generally bounded by Donald Ross Road to the north,
Central Boulevard to the west, and Military Trail to the east; and
WHEREAS, on July 1, 2004, the City Council adopted Ordinance 23, 2004 and
Resolution 125, 2004 thereby re-affirming the zoning set forth in Ordinance 53, 2002
and transferring the master site plan, waivers, and conditions of approval to Resolution
125, 2004, which also approved a master site plan amendment and an amendment to
previously approved conditions of approval; and
WHEREAS, on July 1 , 2004, the City Council adopted Resolution 115, 2004,
thereby approving an alternative form of mitigation in lieu of on-site preservation for the
Donald Ross Planned Unit Development, as permitted by Section 118 (b) (1) and (3) of
the City’s Land Development Regulations, entitled “Alternative forms of mitigation”; and
WHEREAS, the City has received a request (MISC-04-20) from Dodi Glas of
Urban Design Studio, on behalf of Donald Ross / Military, L.C., for approval of an
amendment to the previously approved master site plan, which requires a waiver to
Section 78-563 to allow the elimination of the lake maintenance easement along the
south perimeter of the 5.4-acre lake; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended approval; and
Date Prepared: July 14,2004
Resolution 149, 2004
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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 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.
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 amended development plans for the Donald Ross Village
Planned Unit Development are hereby APPROVED on the following described real
property, subject to the conditions of approval contained herein, which are in addition to
the general requirements otherwise provided by ordinance and resolution:
LEGAL DESCRIPTION:
PARCEL 4.02
A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 42 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF
DONALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 00°48'04" WEST, ALONG SAID EAST RIGHT-OF-
WAY LINE OF CENTRAL BOULEVARD (THE EAST RIGHT-OF-WAY LINE OF
CENTRAL BOULEVARD IS ASSUMED TO BEAR SOUTH 00°48'04" WEST AND ALL
OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A
BEARING OF NORTH 03°30'17" WEST, A RADIUS OF 840.06 FEET, AND A
CENTRAL ANGLE OF 86O25'48". THENCE PROCEED EASTERLY AND NORTHERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,267.22 FEET TO THE END
DISTANCE OF 839.86 FEET TO A NON-TANGENT CURVE HAVING A RADIAL
OF SAID CURVE TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE OF DONALD
ROSS ROAD; THENCE NORTH 89O50'03" WEST, ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 776.97 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL. LESS AND EXCEPTING THEREFROM THAT
761, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CERTAIN RIGHT-OF-WAY DESCRIBED IN OFFICIAL RECORDS BOOK 9567, PAGE
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Date Prepared: July 14,2004
Resolution 149,2004
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PARCEL 4.04
A PARCEL OF LAND SITUATED IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
DONALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 89O50'03" EAST, ALONG SAID SOUTH RIGHT-OF-
WAY LINE (THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD IS
ASSUMED TO BEAR SOUTH 89"50'03" EAST AND ALL OTHER BEARINGS
REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 776.97 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID
RADIAL BEARING OF NORTH 89O56'04" WEST, A RADIUS OF 840.06 FEET, AND A
CENTRAL ANGLE OF 86025'48"; THENCE PROCEED SOUTHERLY AND WESTERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,267.22 FEET TO THE END
POINT OF BEGINNING ALSO BEING ON A NON-TANGENT CURVE HAVING A
OF SAID CURVE AND A POINT ON THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 00°48'04" WEST, ALONG SAID EAST RIGHT-OF-
WAY LINE, A DISTANCE OF 429.42 FEET TO A POINT ON THE NORTH LINE OF
THE WILLIAM DWYER HIGH SCHOOL SITE AS DESCRIBED IN OFFICIAL
RECORDS BOOK 5889, PAGE 534, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 89O51'04" EAST, ALONG SAID NORTH LINE, A
DISTANCE OF 1,570.56 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF
MILITARY TRAIL; THENCE NORTH 01°22'09" EAST, ALONG SAID WEST RIGHT-OF-
WAY LINE, A DISTANCE OF 1,269.01 FEET TO A POINT ON THE SOUTH RIGHT-
OF-WAY LINE OF DONALD ROSS ROAD; THENCE NORTH 89O50'03" WEST,
ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 806.17 FEET TO THE
EXCEPTING THEREFROM THE RIGHT-OF-WAY DESCRIBED IN OFFICIAL
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS AND
RECORDS BOOK 7483, PAGE 1746, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waiver:
1. A waiver from Section 78-563 of the City Code to allow for a zero foot (0')
lake maintenance easement along the south side of the 5.09-acre lake.
Section 78-563 requires a twenty foot (20') lake maintenance easement.
SECTION 4. Said Planned Unit Development is approved subject to the
following conditions, which shall be the responsibility of the applicant, its successors, or
assigns:
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Date Prepared: July 14,2004
Resolution 149,2004
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1. Within thirty (30) days of this approval, the applicant shall provide the City
with a recorded copy of the approved lake maintenance easement along the
north end of the Dwyer High School parcel. (Engineering)
2. The lake maintenance easement shall be maintained free of all improvements
in accordance with Section 78-563 of the City’s Land Development
Regulations. Within thirty (30) days of this approval, the applicant shall be
required to remove all trees and any improvements from within the lake
maintenance easements for the property on site and off site (Dwyer High
Sc h oo I parcel). (Engineering )
3. The applicant shall take responsibility for the fence located along the north
property line of the Dwyer High School parcel and shall be required to replace
the fence if it is required to be removed during times of required lake
maintenance. (Engineering )
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
1. April 28, 2004, Reserve Preserve Plan by Urban Design Studio, 1 sheet
2. February 15, 2004, Conceptual Master Paving & Drainage Plan by Schaefer
Fagan, Sheets 4 and 17 through 20, 5 sheets.
SECTION 6. Said 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)
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Date Prepared: July 14,2004
Resolution 149,2004
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PASSED AND ADOPTED this 5” day of WpW ,2004.
CITY OF P-CH GARDENS, FLORIDA
ATTEST:
BY:
-Patricia Snider, City Clerk-
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
mstine P. Tatum, City Atforney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
-- AYE NAY ABSENT
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G:bttomey-share\RESOLUTlONS\donald ross vlg - upland pud amendment - reso 149 2004.d~
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Date Prepared: March 11,2004
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'5
RESOLUTION 125,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE DEVELOPMENT PLANS FOR THE DONALD ROSS VILLAGE
PLANNED UNIT DEVELOPMENT (PUD), GENERALLY BOUNDED
BY DONALD ROSS ROAD TO THE NORTH, CENTRAL
BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE
EAST, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR ADDITIONAL WAIVERS; PROVIDING FOR
AMENDED CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on April 10, 2003, the City Council adopted Ordinance 53, 2002,
thereby approving the master site plan for a planned unit development (PUD), including
256 multi-family residential units, a 93-room hotel, 9,000 square feet of professional
(business) office, 3,236 square feet of gaslconvenience store, 4,000 square feet of
bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400
square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an
approximately 45-acre site, generally bounded by Donald Ross Road to the north,
Central Boulevard to the west, and Military Trail to the east; and
WHEREAS, the City Council approved an area of Reserve Preserve on the
master site plan that the applicant was permitted to develop contingent upon off-site
mitigation being provided for within the City limits; and
WHEREAS, the City has received a request (PUD-04-12) from Dodi Glas of
Urban Design Studio, on behalf of Donald Ross l Military, L.C. for approval from the City
of Palm Beach Gardens for an alternative form of mitigation in lieu of on-site
preservation for the Donald Ross Planned Unit Development, as permitted by Section
11 8 (b)(l) and (3) of the City's Development Regulations, entitled "Alternative Forms of
Mitigation; and
WHEREAS, the applicant has proposed to mitigate up to 29% of the upland
preserve requirement off site, thereby requiring an amendment to conditions 37 and 38
of Ordinance 53,2002, as amended by Ordinance 23,2004, and
WHEREAS, the applicant has met public policy to preserve up to 50% of the
upland preserve set aside on site, which requires an additional waiver to preserve area
width; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and is consistent with the City's Comprehensive Plan
and Land Development Regulations, and has recommended approval; and
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Date Prepared: May 11,2004
Resolution 125, 2004
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 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.
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.
SECTlON2. The amended development plans for the Donald Ross Village
Planned Unit Development are hereby APPROVED on the following described real
property, subject to the conditions of approval contained herein, which are in addition to
the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
PARCEL 4.02
A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 42 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
DONALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH OOO48'04" WEST, ALONG SAID EAST RIGHT OF
CENTRAL BOULEVARD IS ASSUMED TO BEAR SOUTH 0Oo48'04'' WEST AND ALL
OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A
BEARING OF NORTH 03°30'17'' WEST, A RADIUS OF 840.06 FEET, AND A
CENTRAL ANGLE OF 86O25'48". THENCE PROCEED EASTERLY AND NORTHERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,267.22 FEET TO THE END
WAY LINE OF CENTRAL BOULEVARD (THE EAST RIGHT-OF-WAY LINE OF
DISTANCE OF 839.86 FEET TO A NON-TANGENT CURVE HAVING A RADIAL
OF SAID CURVE TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE OF DONALD
ROSS ROAD; THENCE NORTH 89°50'03'' WEST, ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 776.97 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL. LESS AND EXCEPTING THERE FROM THAT
761 , PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CERTAIN RIGHT-OF-WAY DESCRIBED IN OFFICIAL RECORDS BOOK 9567, PAGE
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Date Prepared: May 11,2004
Resolution 125,2004
PARCEL 4.04
A PARCEL OF LAND SITUATE IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
DONALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 89O50'03'' EAST, ALONG SAID SOUTH RIGHT-OF-
WAY LINE (THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD IS
ASSUMED TO BEAR SOUTH 89°50'03" EAST AND ALL OTHER BEARINGS
REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 776.97 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID
RADIAL BEARING OF NORTH 89O56'04" WEST, A RADIUS OF 840.06 FEET, AND A
CENTRAL ANGLE OF 86025'48"; THENCE PROCEED SOUTHERLY AND WESTERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,267.22 FEET TO THE END
POINT OF BEGINNING ALSO BEING ON A NON-TANGENT CURVE HAVING A
OF SAID CURVE AND A POINT ON THE EAST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 00°48'04" WEST, ALONG SAID EAST RIGHT-OF-
WAY LINE, A DISTANCE OF 429.42 FEET TO A POINT ON THE NORTH LINE OF
THE WILLIAM DWYER HIGH SCHOOL SITE AS DESCRIBED IN OFFICIAL
RECORDS BOOK 5889, PAGE 534; THENCE SOUTH 89O51'04" EAST, ALONG SAID
NORTH LINE, A DISTANCE OF 1,570.56 FEET TO A POINT ON THE WEST RIGHT-
OF-WAY LINE OF MILITARY TRAIL; THENCE NORTH 01°22'09" EAST, ALONG SAID
WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,269.01 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD; THENCE NORTH
89°50'03" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF
PARCEL. LESS AND EXCEPTING THERE FROM THE RIGHT-OF-WAY DESCRIBED
806.17 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
IN OFFICIAL RECORDS BOOK 7483, PAGE 1746, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
1. A waiver from Section 78-285 of the City Code to allow for one (1)
additional principal tenant sign for Building A, one (1) wall sign on the east
elevation of Building F, one (1) wall sign on the south elevation of Building
C, one (1) wall sign on the south elevation of Building D, one (1) wall sign
on the west elevation of Building G, and one (1) wall sign on the east
elevation of the gas station/convenience store. Section 78-285 allows only
one (1) wall/tenant sign per tenant or per bay and must face right-of-way or
primary entrance.
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Date Prepared: May 11,2004
Resolution 125,2004
A waiver from Section 78-157 of the City Code to allow for non-vertical
integration of housing units with non-residential structures. Section 78-1 57
requires a minimum of 25% of net building area of structures allocated for
neighborhood commercial uses to be designated for residential use.
A waiver from Section 78-182 of the City Code to allow for an average of 55
foot-candles underneath the convenience store/gas service canopy.
Section 78-1 82 allows only a maximum of 10 foot-candles.
A waiver from Section 78-563 of the City Code to allow for a removable
fence within the Lake Maintenance Easement. Section 78-563 prohibits the
placement of any kind of improvement within the easement.
A wavier from Section 78-341 of the City Code to allow for on-street parking
within the residential portion of the PUD. Section 78-341 does not provide
for on-street parking.
A waiver from Section 78-344 of the City Code to allow for nine (9) foot
wide parking spaces for ninety-five (95) spaces within the residential portion
of the PUD. Section 78-344 requires a width of ten (IO) feet.
A waiver from Section 78-345 of the City Code to allow for an additional
14.4% of parking over and beyond the minimum required by Code for the
residential portion of the PUD. Section 78-345 requires a waiver for the
number of parking spaces equal to or exceeding 10% of the minimum
required number of parking spaces.
A waiver from Section 78-441 of the City Code to allow for the granting of
building permits for dry models prior to plat approval. Section 78441
requires plat approval prior to issuance of building permits.
A waiver from Section 78-364 of the City Code to allow for eleven (1 1)
loading spaces. Section 78-364 requires a total of seventeen (17) loading
spaces on site based on the square footage of each individual non-
residential building.
A waiver from Section 78-250(a)(3) of the City Code to allow for a width of
fifty-five (55) feet for upland preserves. Section 78-250(a)(3) requires a
minimum of one hundred (100) feet.
A waiver from Section 78-250(a)(2)(b) of the City Code to allow for a utility
easement within upland preserves along Donald Ross Road. Section 78-
250(a)(2)(b) does not allow for the placement of easements within upland
preserves.
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Date Prepared: May 11,2004
Resolution 125. 2004
12. A waiver from Section 78-250(a)(3)(a) of the City Code to allow for a
minimum forty-five (45) foot wide upland preservation area. Section 78-250
laM3Ma) reauires a minimum one hundred (100) foot preserve area width.
SECTION 4. Said Planned Unit Development is approved subject to the
following conditions, which shall be the responsibility of the applicant, its successors, or
assigns:
Build-Out Date
1. Pursuant to the terms of Ordinance 10, 2003, Tihe build-out date for this
development is December 31, 20034. All infrastructure and common-area
landscaping shall be completed for the commercial and residential uses
prior to this date. (Planning €4 Zoning)
Temporary Trailers
2. Any trailers used on site for construction, security, or marketinglsales
purposes shall meet the requirements set forth in Section 78-159 of the
Land Development Regulations. (Planning & Zoning)
Temporary Signs
3. The applicant shall be permitted one thirty-six (36) square-foot temporary
development sign per right-of-way frontage (for a maximum total of three
(3)). Any additional temporary development signs shall require separate
approval by the City Council. (Planning & Zoning)
Master Siqn Plan
4. Prior to the issuance of the first Certificate of Occupancy for any structure
on site, the applicant shall submit an application for and receive approval
from the City Council for a detailed master sign package for both the
residential and non-residential portions of the site. The master sign plan
shall include wall signs and monument signs proposed for the commercial
uses on site, as well as entry features, address numbers, and building
numbers for the residential uses on site. The master sign plan shall also
include directional signs, traffic regulatory signs, and building directory
signs. Neon signs and internally illuminated aluminum channel wall signs
shall not be permitted. Backlit reverse channel wall signs and soffit signs
may be permitted. (Planning & Zoning)
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Date Prepared: May 1 1,2004
Resolution 125,2004
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Gatewav Sian
5. If the City Council makes a decision on the specific location(s) and design of
the City entryway signs, applicable to the Donald Ross Village PUD, the
applicant shall file an administrative amendment petition with the Growth
Management Department to modify the location(s) of the proposed
monument signs at the Donald Ross Village PUD in accordance with the
City Council decision. The specific locations may include the southwest
corner of Donald Ross Road and Military Trail and the southeast corner of
Central Boulevard and Donald Ross Road within the Donald Ross Village
PUD property. The applicant shall construct and maintain said entryway
sign(s) within twelve (12) months of the City Council’s approval of the
entryway sign plan. (Planning & Zoning)
Future Site Plans for Phase II
6. Future site plans for the Hotel and Future Retail Development Area shall be
reviewed as major amendments to the Planned Unit Development, in
accordance with Section 7849(b)(7) of the Land Development Regulations.
A minor change of up to 5% to the approved allocation of uses for the
commercial and office buildings shall require administrative review and
approval of a parking and traffic equivalency analysis by the Planning and
Zoning Division. Any major modifications (greater than 5%) to the allocated
uses shall require review and approval by City Council. (Planning & Zoning)
7. Future site and architecture plans for parcels within Phase II shall comply
with the architectural guidelines set forth by this Ordinance, attached hereto
and incorporated herein as Exhibit “B.” (Planning & Zoning)
8. Future site plans for parcels within Phase II shall substantially comply with
“build-to streetline” standards (building footprint having a zero-foot setback
to spine road sidewalk), attached hereto and incorporated herein as Exhibit
“C”, to enhance ”main street” environment in this location. (Planning &
Zoning)
Art in Public Places
9. The applicant shall be required to provide Art in Public Places should
construction costs exceed $1 million, pursuant to the Land Development
Regulations. All public art shall be reviewed and approved by the Art
Advisory Board. If the applicant is proposing to provide art on site to meet
the Art in Public Places requirement, then the art shall be approved and
installed prior to issuance of the final commercial Certificate of Occupancy
for Phase I. (Planning & Zoning)
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Date Prepared: May I I, 2004
Resolution 125,2004
Ria ht-of-Way Landscaping
IO. The median and adjacent shoulder landscaping and irrigation for Donald
Ross Road, Military Trail, and Central Boulevard shall be installed and
completed within six (6) months from the issuance of the first clearing
permit. (City Forester)
11. The petitioner, successors, and assigns shall be responsible for their fair
share for the landscape, irrigation, and maintenance of the median and
adjacent roadway shoulder landscaping for Donald Ross Road, Military
Trail, and Central Boulevard per Ordinance 36, 2002 (a/k/a Roadway
Beautification Plan). (City Forester)
12. Detailed Landscape Plans referenced in Condition #IO shall be prepared by
the applicant based on the City Roadway Beautification Plan, and shall be
submitted to the City for staff review no later than ninety (90) days after the
effective date of this development order. (Planning & Zoning)
13. Prior to the issuance of the first building permit, the applicant shall place
monies, in an amount equal to 110% of the cost of the landscape
improvements referenced in Condition # IO, in an escrow account
established by the applicant to be used by its successors or assigns to
complete the project. In the event the City of Palm Beach Gardens, or
another entity, forms a special district pertaining to the landscape
maintenance of contiguous rights-of-way, then the Donald Ross Village
property owners association, successors, or assigns shall automatically
become a member of such special district. This condition may be amended
at any time by a separate agreement between the applicant and the City
Palm Beach Gardens. (Planning & Zoning)
Environmental
14. 1 , BY May 12,
2003, the applicant shall submit a restoration plan for the two (2) disturbed
wetlands located at the northwest corner and southeast corner of the
subject site. (Planning & Zoning)
15. No land alteration/clearing shall be allowed until all issues have been
satisfied with the Florida Fish and Game Commission regarding the
relocation of Gopher Tortoises on or off site. (Planning & Zoning)
16. All preserve areas, native vegetation, and trees to be preserved shall be
identified with protective fencing. The Growth Management Department
shall conduct a site visit prior to commencement of land alteration or
clearing to confirm that such areas are identified and protected pursuant to
City Code. (Planning & Zoning)
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Date Prepared: May 11,2004
Resolution 125, 2004
17. Prior to the platting of the preserve areas, an upland preserve maintenance
plan shall be submitted to the City for review and approval by the City
Engineer, City Attorney, and the City Forester. (Planning & Zoning)
Dedications and lmwovements
18. All sidewalks within the parkway easements not located within the road
rights-of-way shall be dedicated as public access easements and shall be
maintained by the master property owners association prior to issuance of
the first commercial Certificate of Occupancy. (Planning & Zoning)
Police DepartmenVCPTED Desiqn
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Numerical addresses shall be located on all buildings and illuminated for
nighttime visibility. (Planning & Zoning and Police)
Parkway and preserve paths shall maximize natural surveillance of the
pedestrian users through the selective vegetative management practices.
Adjacent to parkway and preserve multi-use pathways, ground cover shall
be no higher than twenty-four (24) inches, and trees having a minimum of
seven (7) foot clear trunk space shall create a natural surveillance.
Additional measures may be required by the Police Department per CPTED.
(Planning & Zoning and Police)
Prior to issuance of the first non-residential Certificate of Occupancy, all
multi-use pathways andlor sidewalks adjacent to preserves shall be
reviewed and approved by a CPTED certified police officer with the City.
(Planning & Zoning and Police)
All pedestrian walkways on site, including parkway multi-use pathways and
sidewalks within rights-of-way, shall be lit, at a minimum, no less than six-
tenths (.6) foot-candles with fourteen (14) foot high pedestrian scale lighting,
to be of similar design to the parkway lighting used within the MirasoVJog
Road parkway corridor. (Planning and Zoning, Police)
Prior to issuance of the Certificate of Occupancy for the financial institution,
a CPTED certified police officer shall inspect the structure for compliance
with CPTED principles, as outlined in the Police Department memorandum
dated February 1 , 2002, attached hereto and incorporated herein as “Exhibit
D.” (Planning and Zoning, Police)
Prior to the issuance of the first residential building permit, a CPTED
certified officer shall review construction plans for compliance with CPTED
principles, including, but not limited to, strike hardened doors, peep-holes,
telephone line connection box within the garage, building lighting, and
lighted address and building numbers. (Planning and Zoning, Police)
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Date Prepared: May 11,2004
Resolution 125, 2004
25. The height of all light poles along the parkway buffer shall not exceed
fourteen (14) feet in height and shall be metal halide. All lighting shall not
conflict with landscaping. (Planning and Zoning, Police)
Fire Department
26. Prior to the issuance of the first Certificate of Occupancy for three-story
residential buildings, the Fire Marshall shall inspect the units for fire
sprinkler installation as required by City Ordinance. (Fire Department)
Service Station Lighting
27. Lighting for the service station canopy shall be recessed and shielded or
shall contain a cutoff luminaire within the structure or fixture in which it is
located. The lighting source shall not be visible from adjacent properties or
rights-of-way. The maximum average foot-candle for the service station
shall be fifty-five (55). (Planning & Zoning)
Uses Permitted
28.
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30.
Uses permitted within the non-residential buildings on site shall be
consistent with the permitted use table attached hereto and incorporated
herein as “Exhibit E.” Any use hereby not approved which is identified as a
conditional use by the City’s LDRs must undergo conditional use analysis
and review and be approved by the City Council. Any medical office use on
site shall be required to undergo an administrative review, including a
parking analysis and a traffic equivalency statement consistent with the
approved traffic concurrency, to be approved by the Growth Management
Director. (Planning & Zoning)
Prior to the issuance of each building permit for interior renovations of any
non-residential use approved on site, the applicant or its agent shall submit
a breakdown by use of the gross square footage for lease of all buildings
containing non-residential uses for approval by the Planning and Zoning
Division. The petitioner shall conform to the approved non-residential uses,
the percentages thereof, and the total square footage of each approved use
for Parcel 4.04 of the PUD as reflected in Exhibit “GI” attached hereto and
incorporated herein. (Planning & Zoning).
The total square footage allocated for restaurant use shall not exceed 25%
of the total approved square footage for the entire PUD, excluding the
square footage approved for the two restaurants located at Buildings C and
D. (Planning & Zoning)
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Date Prepared: May 11,2004
Resolution 125,2004
Disclosure
31. Prior to the issuance of the first residential building permit, except model
homes, the master property owners association documents and restrictions
shall be furnished by the applicant to the City Attorney for review and
approval prior to such documents being recorded in the Public Records of
Palm Beach County. (City Attorney)
32. Prior to issuance of the first building permit, the petitioner shall submit to the
City Attorney and the Planning and Zoning Division documents
demonstrating unity of control by the petitioner or the property owners
association over the entire PUD. (City Attorney and Planning & Zoning)
33. Prior to issuance of the first residential Certificate of Occupancy, the
petitioner shall provide to the City Attorney the master property owners
association documents containing language disclosing the proximity of the
residential area to the commercial buildings, including buildings H and J.
(City Attorney)
Residential Signaqe. Liqhtinq. and Accessow Buildings
, Bv Julv 9, 2003, the
applicant shall submit for City Council review and approval an application
including details and site plans of the residential sign program, entry
features, and all accessory buildings, including gazebos, and lighting for the
residential portion of the PUD. (Planning & Zoning)
.. . 34.
Temporarv Dumpsters
35. The applicant shall be permitted two (2) temporary dumpster locations on
Parcel H to allow for refuse collection for Buildings A and B. The temporary
dumpster locations shall be removed upon construction of the access roads
on this parcel or no later than twelve (12) months after the issuance of the
final certificate of occupancy for the non-residential portion of Phase I,
whichever comes first, at which time the dumpsters shall be re-located to
the permanent location indicated on the master site plan or as amended
with the Phase II site plans for Buildings H and J. The dumpsters shall be
screened with a material consistent with the architecture of Buildings A and
B and shall be located in a landscaped area. (Planning & Zoning)
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Date Prepared: May 11 , 2004
Resolution 125,2004
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13 37. No land alteration/clearing shall be allowed for the hotel site and 43 parking
14 spaces adjacent to the Parkway Preserve between the central and eastern
15 Donald Ross Road entrances until the City has approved an off-site
mitigation plan, \ 16
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33 Design Studio. Eleven sheets.
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41 Sheet A-2.
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44 Glidden & Partners. Sheet A-6.
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Dw-Model Permits Prior to Platting
36. The applicant shall post surety prior to the issuance of a building permit for
the model homes for the purposes of demolition and lien protection to
remain in effect until the plat is recorded. The amount of the letter of credit
shall equal a total of 113 of the hard costs of construction of all of the
proposed models, as depicted on the master plan, attached hereto and
incorporated herein as Exhibit “C.” No more residential permits shall be
issued until the residential portion of the PUD is platted. (City Engineering)
(Planning & Zoning)
38. Should the applicant pursue an off-site mitigation for 7 the
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
1. hAaf6h 3!, 2w3 March 22. 2004 Master Plan and Detail Plans by Urban
March 31 , 2003, Landscape Plan by Urban Design Studio. Eleven sheets.
July 26, 2002, Buildings A and B Roof and Floor Plan by Oliver Glidden &
2.
3.
July 24, 2002, Buildings A and B Elevations by Oliver Glidden & Partners.
August 15, 2002, Building C Roof, Floor and Elevation Plans by Oliver
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Date Prepared: May 11,2004
Resolution 125,2004
August 15, 2002, Building D Roof, Floor and Elevation Plans by Oliver
Glidden & Partners. Sheet A-7.
November 7, 2002, Building F Roof, Floor and Elevation Plans by Oliver
Glidden and Partners. Sheet A-4.
August 15, 2002, Building G Roof, Floor and Elevation Plans by Oliver
Glidden and Partners. Sheet A-5.
August 15, 2002, Building I Roof, Floor and Elevation Plans by Oliver
Glidden and Partners. Sheet A-3.
August 14, 2002, Townhome Roof, Floor and Elevation Plans by Wolff-
DeCamillo and Associates. Seven sheets.
March 31, 2003, Conceptual Engineering Plan by Schaefer Fagan &
Cooper, Inc. One sheet.
January 17, 2003, Photometric Plan by Urban Design Studio. One sheet.
May 3, 2004, On-Site Preserve Plan bv Urban Design Studio. One sheet
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SECTION 6. All future amendments to the Donald Ross Village Planned Unit
Development shall be approved by Resolution.
the applicant or applicant's agents at any workshop or public hearing.
SECTION 7. Said approval shall be consistent with all representations made by
SECTION 8. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: May 11,2004
Resolution 125, 2004
PASSED AND ADOPTED this ! yr- day of JULY ,2004. 1
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9 ATTEST:
DENS, FLORIDA
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12 BY:
13 ” Patricia Sfilder, City Clerk
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17 LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
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BY: kb
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLl N
VICE MAYOR RUSSO
COUNCILMEMBER CLARK
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
-- AYE NAY ABSENT
J--
\\pbgsfile\Attorney\attorney-share\RESOLUTlONShnending dev plans to donald ross vlg res 125 2004.doc
13
Date Prepared: March 11,2004
Resolution 125,2004
EXHIBIT A
(INTENTIONALLY OMITTED)
Date Prepared: March 11,2004
Resolution 125,2004
EXHIBIT B
EXHIBIT B
DESIGN GUIDELINES
DONALD ROSS VILLAGE PUD
September 19,2002
Roof treatments may include flat, gable or hip roofs. The gable and/or hip roofs shall
include three-color blend of concrete "S" tile to match the three-color tile blend of the
previously submitted commercial buildings.
Building colors allowed shall match the colors of the previously submitted commercial
buildings.
Metal trim work shall match the color of the previously submitted commercial building.
Building awnings match the colors of the previously submitted commercial buildings.
Alternate colors may be approved if combined in a unified fashion and approved by the
Growth Management Director or his designee.
Common architectural elements shall include:
Concrete block construction with textured stucco
A minimum of 50% of the building perimeter shall have a pitched roof with 3
color-blend concrete 'S' tile.
Imitation wooden outlookers at fascia lines of pitched roofs at raised building
mass element.
Simulated stone cornice treatment at remaining roof parapet wall and pitched roof
fascia lines.
Raised building mass and pitched roof with breaks in wall plane at building
entrances and along facades exceeding 100'.
Periodic horizontal raised banding at intermediate wall planes.
Periodic accent tile medallions and banding
Fabric awnings at selected windows.
e
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e Multi-paneled windows
e
Tenant and building identification signage shall conform to approved PUD signage
woeram.
Date Prepared: March 11,2004
Resolution 125, 2004
EXHIBIT C
i
FILE No.727 12/05 '02 16:03 ID:W DESIGN STUDIO FAX:561 689 0551 PAGE 3/ 7
EXHIBIT C
Date Prepared: March 1 1,2004
Resolution 125,2004
EXHIBIT D
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. __ r-- - ---E--
Inner-Office Memorandum
To: Ed Tombari, Growth, Management Department / Y
From: Lieutenant Officer E. Lovejoy
EXHIBIT D
Ref:
Date: 2/0 1 /02
Parcel 4.02 & 4.04 (Center Fund) MXD Use PUD
1.
2.
3.
4.
5.
6.
9.
Will need to provide a detailed photometric plan.
Lighting locations should not conflict with landscaping (to include long
term tree canopy growth).
Metal Halide lighting should be used for all street and pedestrian
walkways.
Buildings lighting (non-glare) should be around perimeter of all sides
and on pedestrian sidewalk surrounding the buildings.
Provide lighting for entrance sign.
Numerical address on all buildings:
a. Needs to be illuminated for nighttime visibility.
b. Must have bi-directional visibility fiom the roadway.
Landscaping should not obstruct view from windows or walkways.
10. All perimeter doors should be equipped with hinges that utilize non-
removable hinge pins.
I
1 1. All strike areas of perimeter doors should be equipped with reinforced,
case hardened strike plate.
T-
EXHIBIT D
12. Site plan does not indicate sidewalk leading to and fiom center.
Northmil Plaza is a good example for this if you want to visit there.
13. The rear doors to the buildings should be equipped with a peephole
viewer.
14. All stairways should provide open views.
15. Bank security needs:
0 Height markers at main exit doors.
0 Install alarm system.
0 For potential criminal activity detection, a high resolution color
digital video camera system with monitoring and photo processing
printout capabilities shall be installed above exit doors and teller
counters and the drive-thru lanes.
0 Installation of money lever switch within teller cash drawers that
will activate alarm system in emergency situations.
0 ATM - Comply with F.S.S. 655.960-965 relating to ATM (copy
provided):
a. Must be visible fiom roadway(s).
b. Should not be obscured by any landscaping
or other fixed object that would prevent
clear visibility.
c. lnstall slow speed video camera that records
24 hours a day
d. High illumination of ATM and walkway
leading to and from it. Lighting should be
positioned also as not to cause glare of video
recording.
mirror to allow operator of ATM to identify
any approaching person(s) and/or potential
suspect(s).
e. Lnstall and strategically place a convex
16. All Drive-thru's needs signage stating one way only.
17. For potential criminal activity detection, a high resolution color digital
video camera system with monitoring and photo processing printout
capabilities shall be installed for the retail drive-thru .
EXHIBIT D
18. Hotel security needs:
0
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Hotel needs to be readily identifiable by name.
The main entrance should lead directly to the front lobby area with
visible signage indicating so.
Traffic leading to lobby overhang and/or circular drive should be
one way with signage stating same.
Bellboys should be instructed to greet guests to reduce the fear of
crime and provide a sense of security. They should be trained to
recognize suspicious persons, be and extra set of security eyes and
ears for the parking lot areas, teach guests how to secure their
possessions and communicate to them safe areas and routes to
visit.
Consider utilizing uniformed or non-uniformed personnel whose
primary function is security.
Guest should have 24-hour access to an on-premises guest contact
staff member.
Lodging properties should use application forms containing
language that the employer can conduct criminal background
checks on all employees.
Lodging properties should establish written employee policies and
procedures for lost and found properties.
Front desk clerks should be on duty at all times.
Keep beverage machines in open areas instead of secluded ones.
Pay phones should be kept in open areas, preferably within view of
the fiont desk.
Legends, marquis maps, etc. should be used indicating location of
conference rooms, elevators, stairs, lobby areas, restaurants, pool,
tennis court, workout room, etc.
Gift shop windows should be clear to increase natural surveillance.
All guestrooms need to have electronic card access versus
mechanical locking system.
Guestroom entry door should have auxiliary functioning locks.
Each guestroom should be provided with in-room electronic safes.
Note: Must be preplamed by electrical engineer for electrical
There should be no access to guestrooms ftom outside unless by
electronic access. Interior hallways should lead to all guestrooms.
hook- up.
-a- EXHIBIT D
0 Restrict access to poollspdsauna through the use of key card or key.
0 For potential criminal activity detection, a high resolution color digital
video camera system with monitoring and photo processing printout
capabilities shall be installed for all parking lot sections, pool areas,
ancillary hotel access points, fiont lobby desk, etc. The Hampton Inn
has this if you want to visit there.
19. All ingress/egress locations should be designed the same as Northmil
Plaza.
20. The landscape buffer will create a situation where natural surveillance
of the development will be extremely limited, petitioner should
compensate with other alternative preventive measures.
2 1. Convenience Store Security - Comply with Florida State Statute 8 12.173:
For potential criminal activity detection, a high-resolution color digital
video camera system with monitoring and photo processing printout
capabilities shall be installed to cover all register locations in use.
The camera system should be positioned to cover all registers in use and
to minimize tampering by customers or offenders.
The camera system should be capable of continuous operation or
activation by a remote triggering device such as a concealed button.
A drop safe or cash management for restricted access to cash receipts.
A lighted parking lot illuminated at an intensity of at least 2 foot-candles
per square foot at 18 inches above the surface.
A conspicuous notice at the entrance which states that the cash register
contains $50 or less.
0 Window signage and window tinting must allow for a clear unobstructed
view of the cash register and sales transaction area from inside or outside
of the building and in a normal line of sight. The degree of window
tinting shall allow for physical identification of all individuals in the
sales transaction area &om outside the building and in a normal line of
sight at all times.
Conspicuous height markers with digits at least one inch in size at the
inside entrance of the convenience business.
A written cash management policy that is kept on site, limits the cash on
hand at all times after 11 P.M. and before 5 A.M.
. . . . -. . -
-
EXHIBIT D
0 A silent alarm which activates a signal to a law enforcement agency or a
private security agency is required. Silent alarms shall have a primary
and secondary power source.
a
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22. Parkway Preserve paths:
Shall maximize natural surveillance of the pedestrian users through
selective vegetative management practices. Ground cover should
be no higher than 24" and trees having a minimum 7' clear trunk
space creating a natural surveillance window.
Install 14' pedestrian scale lighting. As a general rule, the
minimum lighting intensity at any point along the path should be at
0.6 foot-candles.
Sight lines should have a 12' clear distance space at entry points,
curves, mergers, intersections, etc.
Install signage to promote enhanced safety and awareness.
Examp le:
Trail system traverses heavily,
wooded and secluded areas.
visitors encouraged
to travel with
a partner.
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Date Prepared: March 11,2004
Resolution 125, 2004
EXHIBIT E
December 2,2002
EXHIBITE -
City of Palm Beach Gardens
PUD uses
Donald Ross Village PUD
The following shall be the permitted uses within the Planned Unit Development:
accessory uses;
accountant;
adjuster, insurance;
advertising office;
alteratioddress making shop
antique shop;
appliance and/or electronics stores;
appraiser;
architect;
art gallery and/or museum;
art studio, gallery and supplies;
arts fabric store,
attorney;
bakery,
banklfinancial institutions;
barber shops;
bicycle shop;
blueprinting service;
bookstore;
bridal formalwear store;
broker;
building, plumbing and electrical contractor’s
ofice;
camera and photographic supplies sales and
service;
candy, nuts, confectionery and ice cream
shop;
card and party store;
catering services;
china, crockery, glassware and earthenware
clothing store and accessories;
comedy entertainment club andor night club;
commercial photography studio;
confectionary & ice cream shop;
convenience store wlgas sales;
cosmetics shop;
costume/tuxedo rental;
dance schoollstudio;
data processing service;
delicatessen;
department store;
shops;
development & printing film;
drug store (with pick-up window);
dry cleaning;
electronics sales and repair;
emergency health care;
engineering ofice;
fitness studio;
floor covering sales;
floral or florist shop;
food market;
furniture store;
games and entertainment stores;
general retail;
gift and card shop;
grocery store;
gymnasium, health and fitness center;
hardware store;
health and fitness club or day spa;
hobby and/or craft shops;
hotellmotels,
household furnishing store;
income tax service;
insurance agencies and bond office;
interior design including sales;
jewelry store;
laundry, coin operated
leather goods and luggage stores;
liquor store;
loan company office;
locksmith;
luggage store;
mail and packing store;
marine equipment sales;
market research office;
medical equipment rentallleasing;
minor utilities;
multifamily dwellings;
music store;
music and musical instrument sales;
ne wstand;
notary public office;
oflice equipment sales;
!
EXHIBIT E
optical store;
optical, optician or optometrist ofices;
paint and wallpaper store;
party supplies leasinglrental;
personal services
pet shop including overnight pets (in a
soundproof building);
photocopying store;
picture framing;
pottery shop;
private club or lodge;
professional and business offices;
real estate saledmanagement office;
residential use
restaurants (without drive-thru);
school/studio - art;
schooVstudio - business;
shoe store;
soft goods stores;
specialty grocery store;
sporting goods store;
stationary shop;
stock exchanges and brokerage office;
studio (instructional or professional);
surgical and orthopedic store;
swimming pool supplies;
tailor;
telecommunication equipment sales (for
personal use);
tobacco shop;
toy store;
travel agency;
veterinarian (overnight pets subject to City
Performance Standards);
video rentals and sales (family oriented);
yoga instruction.
.
EXHIBIT F
(INTENTIONALLY OMITTED)
Date Prepared: March 1 1, 2004
Resolution 125, 2004
EXHIBIT G
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PUD-01 -I 4: Donald Ross Village MXD PUD, Parcel 4.04: Total Acreage 34.24 acres
USE I PROPOSED I REQUIRED I CONSISTENT?
EXHIBIT G
ACREAGE
TOTAL SQUARE
FOOTAGE ***
34.24
284,528 Yes
I Land allocation
t 21.6% I 189.007 I 50%maximum I Yes I
..- .
I Lot coverage I 29.5% I !
~- I 0.7 acres 2% min 130% max Yes
),OOO, 70% maximum Yes
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RESOLUTION 7,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE DONALD ROSS
VILLAGE PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW AN
INCREASE IN THE SIZE OF THE SIGNAGE ON THE WEST
ELEVATION OF THE HOTEL FROM 36 SQUARE FEET TO 53
SQUARE FEET (BUILDING H) AND APPROVING A WAIVER FROM
SECTION 78-285, CODE OF ORDINANCES, TO ALLOW FOR ONE
ADDITIONAL FLATNVALL SIGN FOR EACH TENANT LOCATED IN
BUILDINGS A, B, C, D, I, J, AND K WITHIN THE DONALD ROSS
VILLAGE PUD, GENERALLY BOUNDED BY DONALD ROSS ROAD
TO THE NORTH, CENTRAL BOULEVARD TO THE WEST, AND
MILITARY TRAIL TO THE EAST, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on April IO, 2003, the City Council adopted Ordinance 53, 2002,
thereby approving the master site plan for a planned unit development (PUD),
consisting of 256 multi-family residential units, a 93-rOOm hotel, 9,000 square feet of
professional (business) office, 3,236 square feet of gaskonvenience store, 4,000
square feet of bank, 88,987 square feet of general retail, 13,000 square feet of
restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square
feet of drug store on an approximately 45-acre site, generally bounded by Donald Ross
Road to the north, Central Boulevard to the west, and Military Trail to the east; and
WHEREAS, the City Council approved an area of Reserve Preserve on the
master site plan that the Applicant was permitted to develop contingent upon off-site
mitigation being provided within the City limits; and
WHEREAS, on July 1, 2004, the City Council approved the transference of the
rezoning, site plan approval, and the conditions related thereto to a separate Ordinance
and Resolution. The zoning set forth in Ordinance 53, 2002 was re-affirmed by
Ordinance 23, 2004 and the master site plan, waivers, and conditions of approval were
transferred to Resolution 125, 2004; and
WHEREAS, on July 1, 2004, the City Council adopted Resolution 125, 2004,
which approved the off-site mitigation parcel and a waiver to reduce the width of the
upland preserve areas along Central Boulevard and Military Trail to provide for utility
easements; and
Date Prepared: May 1, 2007
Date Prepared: May 1, 2007
Resolution 7, 2007
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WHEREAS, on August 5, 2004, the City Council adopted Resolution 149, 2004,
which approved a waiver to eliminate the lake maintenance easement along the south
side of the 5.09-acre lake on site; and
WHEREAS, on November 18, 2004, the City Council adopted Resolution 210,
2004, which approved the development of Phase II of the Donald Ross Village PUD
consisting of a 93-rOOm hotel, 18,387 square feet of medical office, 13,500 square feet
of retail, a 20,000 square-foot fitness center, and the Master Signage Program (MSP);
and
WHEREAS, the City has received a request (PUDA-07-02-000004) from Mr.
Marty Minor of Urban Design Studio, on behalf of Donald Ross/Military L.C., for
approval of an amendment to the Donald Ross Village PUD to allow for an increase in
the size of the signage on the west elevation of the hotel from 36 square feet to 53
square feet (Building H) and to allow for one additional flat/waII sign for tenants located
in Buildings A, B, C, D, I, J, and K that have two or more elevations facing a right-of-way
or primary entrance; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; 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.
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 development plans for the Donald Ross Village Planned Unit
Development as amended by application PUDA-07-02-000004 are hereby APPROVED on
the following described real property, subject to the conditions of approval contained
herein, which are in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRl PTlON :
THE PLAT OF THE SHOPS OF DONALD ROSS REPLAT OF TRACT "A" AS
RECORDED IN PLAT BOOK 98, PAGE 157, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
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Date Prepared: May 1, 2007
Resolution 7, 2007
CI A Q4 L I.
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Date Prepared: May 1, 2007
Resolution 7, 2007
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SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
1. Waiver from City Code Section 78-153, Nonresidential zoning district regulations,
to allow a five-story hotel building (Building H).
2. Waiver from City Code Section 78-285, Signage, to allow identification signage on
the top of the fifth floor western elevation of Building H.
3. Waiver from City Code Section 78-344 (I) (I), Parking stall and bay dimensions, to
allow for 9.5-fOOt wide parking stalls for the area adjacent to the hotel building.
4. Waiver from City Code Section 78-344 (I) (I), Parking stall and bay dimensions, to
allow 16.5-foot long parking stalls for parking spaces adjacent to the hotel use.
5. Waiver from City Code Section 78-285, Signage, to allow for an additional sign on
the west elevation of Building H.
6.
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Waiver from City Code Section 78-285, Signage, to allow for an additional building
identification wall sign on Building J.
7. Waiver from City Code Section 78-563, Lake maintenance tracts, to allow
encroachments within the lake maintenance easements.
8. Waiver from City Code Section 78-285, Sisnase, to allow for one additional flatlwall
sign for tenants that have two or more elevations facing a right-of-way or Drimary
entrance, which are located in buildings A, B, C, D. I. J. and K.
SECTION 4. This Planned Unit Development is approved subject to the following
conditions, which shall be the responsibility of the Applicant, its successors, or
assigns:
Build-Out Date
1. Pursuant to the terms of Ordinance IO, 2003, the build-out date for this
development is December 31, 2004. All infrastructure and common-area
landscaping shall be completed for the commercial and residential uses prior to this
date. (Planning & Zoning) (COMPLETED)
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Date Prepared: May 1, 2007
Resolution 7, 2007
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Temporarv Trailers
2. Any trailers used on site for construction, security, or marketinglsales purposes
shall meet the requirements set forth in Section 78-159 of the Land Development
Regulations. (Planning & Zoning)
Temporarv Signs
3. The Applicant shall be permitted one 36 square-foot temporary development sign
per right-of-way frontage (for a maximum total of three (3)). Any additional
temporary development signs shall require separate approval by the City Council.
(Planning & Zoning)
Master Sign Plan
4. Prior to the issuance of the first Certificate of Occupancy for any structure on site,
the Applicant shall submit an application for and receive approval from the City
Council for a detailed master sign package for both the residential and non-
residential portions of the site. The master sign plan shall include wall signs and
monument signs proposed for the commercial uses on site, as well as entry
features, address numbers, and building numbers for the residential uses on site.
The master sign plan shall also include directional signs, traffic regulatory signs,
and building directory signs. Neon signs and internally illuminated aluminum
channel wall signs shall not be permitted. Backlit reverse channel wall signs and
soffit signs may be permitted. (Planning & Zoning) (COMPLETED)
Gatewav Sign
5. If the City Council makes a decision on the specific location(s) and design of the
City entryway signs applicable to the Donald Ross Village PUD, the Applicant shall
file an administrative amendment petition with the Growth Management
Department to modify the location(s) of the proposed monument signs at the
Donald Ross Village PUD in accordance with the City Council decision. The
specific locations may include the southwest corner of Donald Ross Road and
Military Trail and the southeast corner of Central Boulevard and Donald Ross Road
within the Donald Ross Village PUD property. The Applicant shall construct and
maintain said entryway sign(s) within 12 months of the City Council’s approval of
the entryway sign plan. (Planning & Zoning) (COMPLETED)
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Date Prepared: May 1, 2007
Resolution 7, 2007
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Future Site Plans for Phase II
6.
7.
8.
Future site plans for the Hotel and Future Retail Development Area shall be
reviewed as major amendments to the Planned Unit Development, in accordance
with Section 78-49(b)(7) of the Land Development Regulations. A minor change of
up to 5% to the approved allocation of uses for the commercial and office buildings
shall require administrative review and approval of a parking and traffic equivalency
analysis by the Planning and Zoning Division. Any major modifications (greater
than 5%) to the allocated uses shall require review and approval by City Council.
(Planning & Zoning)
Future site and architecture plans for parcels within Phase II shall comply with the
architectural guidelines set forth by this Ordinance, attached hereto and
incorporated herein as Exhibit “B.” (Planning & Zoning) (COMPLETED)
Future site plans for parcels within Phase II shall substantially comply with “build-to
streetline” standards (building footprint having a zero-foot setback to spine road
sidewalk), attached hereto and incorporated herein as Exhibit “C”, to enhance
“main street” environment in this location. (Planning & Zoning) (COMPLETED)
Art in Public Places
9. The Applicant shall be required to provide Art in Public Places should construction
costs exceed $1 million, pursuant to the Land Development Regulations. All public
art shall be reviewed and approved by the Art in Public Places Advisory Board. If
the Applicant is proposing to provide art on site to meet the Art in Public Places
requirement, then the art shall be approved and installed prior to the issuance of
the final commercial Certificate of Occupancy for Phase I. (Planning & Zoning)
(COMPLETED)
Right-of-Wav Landscapinq
IO. The median and adjacent shoulder landscaping and irrigation for Donald Ross
Road, Military Trail, and Central Boulevard shall be installed and completed within
six (6) months from the issuance of the first clearing permit. (City Forester)
(COMPLETED)
11. The Applicant, successors, and assigns shall be responsible for their fair share of
the landscape, irrigation] and maintenance of the median and adjacent roadway
shoulder landscaping for Donald Ross Road, Military Trail, and Central Boulevard
per Ordinance 36, 2002 (a/k/a Roadway Beautification Plan). (City Forester)
(ONGOING)
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Date Prepared: May 1, 2007
Resolution 7, 2007
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12. Detailed Landscape Plans referenced in Condition #IO shall be prepared by the
Applicant based on the City Roadway Beautification Plan, and shall be submitted to
the City for staff review no later than ninety (90) days after the effective date of this
Development Order. (Planning & Zoning) (COMPLETED)
13. Prior to the issuance of the first building permit, the Applicant shall place monies, in
an amount equal to 110% of the cost of the landscape improvements referenced in
Condition #IO, in an escrow account established by the Applicant to be used by its
successors or assigns to complete the project. In the event the City of Palm Beach
Gardens or another entity forms a special district pertaining to the landscape
maintenance of contiguous rights-of-way, then the Donald Ross Village property
owners association, successors, or assigns shall automatically become a member
of such special district. This condition may be amended at any time by a separate
agreement between the Applicant and the City Palm Beach Gardens. (Planning &
Zon i ng ) (CO M P LETE D)
Environmental
14. By May 12, 2003, the Applicant shall submit a restoration plan for the two (2)
disturbed wetlands located at the northwest corner and southeast corner of the
subject site. (Planning & Zoning) (COMPLETED)
15. No land alteration/clearing shall be allowed until all issues have been satisfied with
the Florida Fish and Game Commission regarding the relocation of Gopher
Tortoises on or off site. (Planning & Zoning) (COMPLETED)
16. All preserve areas, native vegetation, and trees to be preserved shall be identified
with protective fencing. The Growth Management Department shall conduct a site
visit prior to commencement of land alteration or clearing to confirm that such
areas are identified and protected pursuant to City Code. (Planning & Zoning)
(COMPLETED)
17. Prior to the platting of the preserve areas, an upland preserve maintenance plan
shall be submitted to the City for review and approval by the City Engineer, City
Attorney, and the City Forester. (Planning & Zoning) (COMPLETED)
Dedications and Improvements
18. All sidewalks within the parkway easements not located within the road rights-of-
way shall be dedicated as public access easements and shall be maintained by the
master property owners association prior to the issuance of the first commercial
Certificate of Occupancy. (Planning & Zoning)
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Date Prepared: May 1, 2007
Resolution 7, 2007
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Police DepartmenKPTED Design
19. Numerical addresses shall be located on all buildings and illuminated for nighttime
visibility. (Planning & Zoning, Police)
20. Parkway and preserve paths shall maximize natural surveillance of the pedestrian
users through the selective vegetative management practices. Adjacent to
parkway and preserve multi-use pathways, ground cover shall be no higher than 24
inches, and trees having a minimum of 7-foot clear trunk space shall create a
natural surveillance. Additional measures may be required by the Police
Department per CPTED. (Planning & Zoning, Police)
21. Prior to the issuance of the first non-residential Certificate of Occupancy, all multi-
use pathways and/or sidewalks adjacent to preserves shall be reviewed and
approved by a CPTED certified police officer with the City. (Planning & Zoning,
Police) (COMPLETED)
22. All pedestrian walkways on site, including parkway multi-use pathways and
sidewalks within rights-of-way, shall be lit, at a minimum, no less than .6 foot-
candles with 14-foot high pedestrian scale lighting, to be of similar design to the
parkway lighting used within the MirasolNog Road parkway corridor. (Planning &
Zoning, Police)
23. Prior to the issuance of the Certificate of Occupancy for the financial institution, a
CPTED certified police officer shall inspect the structure for compliance with
CPTED principles, as outlined in the Police Department memorandum dated
February 1, 2002, attached hereto and incorporated herein as “Exhibit D.”
(Planning & Zoning, Police) (COMPLETED)
24. Prior to the issuance of the first residential building permit, a CPTED certified police
officer shall review construction plans for compliance with CPTED principles,
including, but not limited to, strike-hardened doors, peep holes, telephone line
- connection box within the garage, building lighting, and lighted address and
building numbers. (Planning & Zoning, Police) (COMPLETED)
25. The height of all light poles along the parkway buffer shall not exceed 14 feet in
height and shall be metal halide. All lighting shall not conflict with landscaping.
(Planning & Zoning, Police)
Fire Department
26. Prior to the issuance of the first Certificate of Occupancy for three-story residential
buildings, the Fire Marshall shall inspect the units for fire sprinkler installation as
required by City Ordinance. (Fire) (COMPLETED)
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Date Prepared: May 1, 2007
Resolution 7, 2007
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Service Station Liqhtinq
27. Lighting for the service station canopy shall be recessed and shielded or shall
contain a cutoff luminaire within the structure or fixture in which it is located. The
lighting source shall not be visible from adjacent properties or rights-of-way. The
maximum average foot-candle for the service station shall be 55. (Planning &
Zoning)
Uses Permitted
28. Uses permitted within the non-residential buildings on site shall be consistent with
the permitted use table attached hereto and incorporated herein as “Exhibit E.”
Any use hereby not approved which is identified as a conditional use by the City’s
LDRs must undergo conditional use analysis and review and be approved by the
City Council. Any medical office use on site shall be required to undergo an
administrative review, including a parking analysis and a traffic equivalency
statement consistent with the approved traffic concurrency, to be approved by the
Growth Management Administrator. (Planning & Zoning)
29. Prior to the issuance of each building permit for interior renovations of any non-
residential use approved on site, the Applicant or its agent shall submit a
breakdown by use of the gross square footage for lease of all buildings containing
non-residential uses for approval by the Planning and Zoning Division. The
Applicant shall conform to the approved non-residential uses, the
thereof, and the total square footage of each approved use for Parcel 4.04 of the
PUD as reflected in Exhibit “G,” attached hereto and incorporated herein.
(Planning & Zoning) (ONGOING)
percentages
30. The total square footage allocated for restaurant use shall not exceed 25% of the
total approved square footage for the entire PUD, excluding the square footage
approved for the two restaurants located at Buildings C and D. (Planning &
Zoning)
Disc1 osure
31. Prior to the issuance of the first residential building permit, except model homes,
the master property owners association documents and restrictions shall be
furnished by the Applicant to the City Attorney for review and approval prior to such
documents being recorded in the Public Records of Palm Beach County. (City
Attorney) (COMPLETED)
32. Prior to the issuance of the first building permit, the Applicant shall submit to the
City Attorney and the Planning and Zoning Division documents demonstrating unity
of control by the Applicant or the property owners association over the entire PUD.
(City Attorney, Planning & Zoning) (COMPLETED)
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Date Prepared: May 1, 2007
Resolution 7, 2007
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33. Prior to the issuance of the first residential Certificate of Occupancy, the Applicant
shall provide to the City Attorney the master property owners association
documents containing language disclosing the proximity of the residential area to
the commercial buildings, including buildings H and J. (City Attorney)
(COMPLETED)
Residential Siqnage. Lighting, and Accessorv Buildings
34. By July 9, 2003, the Applicant shall submit for City Council review and approval an
application including details and site plans of the residential sign program, entry
features, and all accessory buildings, including gazebos, and lighting for the
residential portion of the PUD. (Planning & Zoning) (COMPLETED)
TemDorarv Dumpsters
35. The Applicant shall be permitted two (2) temporary dumpster locations on Parcel H
to allow for refuse collection for Buildings A and B. The temporary dumpster
locations shall be removed upon construction of the access roads on this parcel or
no later than twelve (12) months after the issuance of the final certificate of
occupancy for the non-residential portion of Phase I, whichever comes first, at
which time the dumpsters shall be relocated to the permanent location indicated on
the master site plan or as amended with the Phase I1 site plans for Buildings H and
J. The dumpsters shall be screened with a material consistent with the architecture
of Buildings A and B and shall be located in a landscaped area. (Planning &
Zoning)
Drv-Model Permits Prior to Plattinq
36. The Applicant shall post surety prior to the issuance of a building permit for the
model homes for the purposes of demolition and lien protection to remain in effect
until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3
of the hard costs of construction of all of the proposed models, as depicted on the
master plan, attached hereto and incorporated herein as Exhibit “C.” No more
residential permits shall be issued until the residential portion of the PUD is platted.
(City Engineering) (COMPLETED)
Off-Si te Mitigation
37. No land alteration/clearing shall be allowed for the hotel site and 43 parking spaces
adjacent to the Parkway Preserve between the central and eastern Donald Ross
Road entrances until the City has approved an off-site mitigation plan. (Planning &
Zoning)
38. Should the Applicant pursue off-site mitigation for the upland preserve, said off-site
mitigation shall be approved by a separate instrument. (Planning & Zoning)
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Date Prepared: May 1, 2007
Resolution 7, 2007
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PHASE II
En ai neeri n 9
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Prior to the issuance of the first building permit, the Applicant shall provide
construction plans sufficient to construct the project and meet all applicable ADA
and FDOT requirements for handicapped access. (City Engineer) (COMPLETED)
The Applicant shall comply with any and all Palm Beach County Traffic Division
conditions as outlined in the PBC Traffic Division equivalency and concurrency
approval letter dated March 21 , 2001. (City Engineer)
The Applicant shall post surety prior to the issuance of the building permit for the
model homes for the purposes of demolition and lien protection which surety shall
remain in effect until the plat is recorded. The amount of the surety shall equal a
total of 1/3 of the hard costs of construction of all of the proposed models, as
exhibited in Exhibit “C”, Ordinance 53, 2002. No more residential permits shall be
issued until the residential portion of the PUD is platted. (City Engineer)
Prior to the issuance of the first building permit for any structure, the Applicant shall
provide surety, acceptable to the City, for the construction of the public
improvements. The Applicant shall provide an annual evaluation and adjustment of
the surety for the public improvements to account for inflation and fluctuations of
construction costs. The annual evaluation and adjustment shall be performed each
year prior to the anniversary of the Development Order approval. (City Engineer)
(ON GO IN G)
Commencing with the date of approval of this amended Development Order and
continuing through substantial completion of construction, the Applicant shall bi-
annually provide the City with a status report on all the approved elements of the
PUD, including a summary of completed construction and schedule of proposed
construction over the remaining life of the Development Order. (City Engineer)
Six (6) months after the issuance of the first residential building permit and
semiannually thereafter until issuance of the final certificate of occupancy, the
Applicant, successors, or assigns shall submit a report showing the number of
approved permits and certificates of occupancy issued to date for review and
approval by the City Engineer. (City Engineer) (ONGOING)
The Applicant shall provide all necessary construction zone signage and fencing as
required by the City Engineer. (City Engineer)
11
Date Prepared: May 1, 2007
Resolution 7, 2007
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CPTED
46. Metal halide lighting shall be used along streets, pedestrian walkways, parking lots,
multi-use pathways, and pedestrian walkways (sidewalks). Multi-use pathways
and sidewalks within the site shall be lit at a minimum of 0.6 foot-candles. (Growth
Management, Pol ice)
47. Non-glare building lighting shall be installed around the entire building perimeter
and on pedestrian walkways. (Police)
48. Timer clock or photocell lighting shall be provided for nighttime use above or near
entryways and all exits, including emergency exits. (Police)
49. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
provide pedestrian-scale lighting on the sidewalks adjacent to the property within
the adjacent rights-of-way, unless said lighting is already being provided as part of
another construction project. (Planning & Zoning)
Parking
50. The Applicant shall submit, at its cost, an annual parking study to determine the
actual parking demand on site. The observed demand will be compared to the
existing parking supply to determine if the provided parking is adequate to
accommodate existing demand plus expected demand generated by the uses that
have not yet been issued Certificates of Occupancy. This calculation will include
an appropriate buffer between the parking supply and demand as recommended
by either the Institute of Transportation Engineers, Urban Land Institute, or other
recognized published traffic engineering organizations or resources. The first
annual parking study must be submitted when Certificates of Occupancy for 80% of
the project’s approved square footage have been issued. The parking study will be
performed on an annual basis for a period of five (5) years. Said study shall be
performed by an independent professional traffic engineer mutually selected by the
Applicant and City staff. The precise methodology shall be agreed upon by both
the Applicant and City staff at the time that the study is initiated. At a minimum, the
study is to be performed during the peak season and during the peak operating
hours on a Thursday, Friday, and Saturday (with the exception of the Christmas
and Thanksgiving holidays), or as determined by the Growth Management
Administrator. (City Engineer) (ONGOING)
51. Should the parking study conclude that the available on-site parking is 90% or
more occupied, then the Applicant shall provide a permanent (perpetual) solution to
increase parking supply for the project. The solution may include (1) the
construction of a parking garage, so long as the elevations are designed to have
the appearance of a building other than a garage that is architecturally consistent
with the rest of the site; or (2) other viable alternative means as approved by the
City Council. When the on-site parking is determined to be 90% or more occupied,
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Date Prepared: May 1, 2007
Resolution 7, 2007
the shared parking study provided by the Applicant shall be considered null and
void, and the Applicant shall construct the required parking based on the number of
spaces recommended by the above-referenced parking study, or as otherwise
determined by the City Council. (City Engineer)
Prior to the issuance of any Certificates of Occupancy, the Applicant shall transfer
any surety for completed public improvements and post additional surety as
necessary to secure 110% of the cost of construction of the additional parking
spaces referenced in Condition No. 51 as approved by the City Council. The City
shall release neither the surety posted by the Applicant for public improvements
nor the additional surety to be paid by the Applicant after completion of said
improvements for a period of five (5) years from the date the project receives
Certificates of Occupancy for 80% of the approved square footage for the subject
site. (Planning & Zoning) (ONGOING)
Construction of or provision for additional parking spaces by a permanent
(perpetual) alternative means for the project shall be completed within one (1) year
of the determination that the on-site parking is 90% occupied. (City Engineer)
Hotel Employee parking shall not be allowed on Parcel J. The hotel shall require
all employees to park within the shared parking areas within the Planned Unit
Development in order to reserve the parking in Parcel J for hotel guests. The
Applicant shall install appropriate signage in the Parcel J parking lot that
designates the parking is for hotel guests only. (Planning & Zoning)
Sianaae and Occupational Licenses
55. Prior to the issuance of each occupational license or building permit for interior
renovations of tenant spaces, the Applicant or its agent shall submit a tabular
breakdown by use of the gross square footage for lease, for approval by the
Planning and Zoning Division. The table shall include the approved square
footages for the retaillmixed-use buildings, which are designated as Buildings A, B,
I, and J on the master site plan. The Applicant shall include the existing uses that
have been issued occupational licenses in order to verify that the requested uses
do not exceed the allowances approved for professional office (9,000 square feet),
medical office (18,387 square feet), retail (45,000 square feet), and restaurant
(13,000 indoor dining, 2,400 square feet outdoor dining). (Planning & Zoning)
(ONGOING)
.. 56. <
nr
lmtldw+ The signage on the north elevation is not to exceed 2' X 12':
uu h 'Y ,. 18'. (Planning & Zoning)
13
Date Prepared: May 1,2007
Resolution 7, 2007
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57. The waiver granted for Building J (medical office) shall be contingent upon the
Applicant limiting the size of the additional sign on the east elevation of the
building. It shall be smaller in size by 25% than the north elevation sign. (Planning
& Zoning)
58. All tenant signage (ground-floor users, excluding principal (single-tenant buildings)
tenants) shall be limited to a letter height of not more than (NMT) 24”. (Planning &
Zoning)
59. Each tenant sign shall be directly affixed to the elevation of the tenant space or bay
that the siqn identifies. No tenant shall be allowed more than one (1) tenant sign
on the same elevation. (Planning & Zoninq)
60. Prior to the issuance of the buildinq permit for the sign on the west elevation of the
hotel (Building H), the Applicant shall submit a landscape plan for the PUD’s
monument siqns to ensure adequate screening of the rear of the signs and
aesthetic compatibility with the site. The submitted landscape plans shall be
approved by the Citv Forester. (Citv Forester)
Miscellaneous
aSH. Required digital files of the approved plat shall be submitted to the Planning and
Zoning Division prior to the issuance of the first building permit, and approved civil
design and architectural drawings shall be submitted prior to the issuance of the
first Certificate of Occupancy. (GIs Manager, Development Compliance Officer)
WE. Prior to the issuance of the first building permit, the master property owners
association documents and restrictions shall be furnished by the Applicant to the
City Attorney for review and approval prior to such documents being recorded in
the Public Records of Palm Beach County. (City Attorney) (COMPLETED)
Ma. Prior to issuance of the first building permit, the Applicant shall submit to the City
Attorney and the Planning and Zoning Division documents demonstrating unity of
control by the Applicant or the property owners association over the entire site.
(City Attorney) (COMPLETED)
6?B. Striped awnings shall not be permitted within the Planned Unit Development.
(Planning & Zoning)
SECTION 5. This Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
1. PUD Site Plan Sheets, Urban Design Studio, 08.25.2004, 7 sheets.
2. Paving & Drainage Plans, Schaefer Fagan, 08.26.2004, Sheets 1 - 20 (20 sheets).
14
Date Prepared: May 1, 2007
Resolution 7, 2007
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3. Parking Contingency Plan, Urban Design Studio, 08.1 8.04, 1 sheet.
4. Parking Garage Floor Plans & Elevations, OGS&P, 04.14.04, Sheet GA-1 (1
sheet).
5. Building H, OGS&P, 07.03.03, 1 sheet.
6. Building I, OGS&P, 08.1 1.04, 1 sheet
7. Building K, OGS&P, 04.05.04, 1 sheet.
8. Building J, OGS&P, 04.05.04, 1 sheet.
9. Landscape Plan PUD Amendment Phase II, UDS, 08.30.04, Cover sheet, L-I
through L-I 2 (1 2 sheets).
IO. Donald Ross Village Signage & Graphics Program, MT Fuller, 19 pages.
11. Hilton Homewood Suites Siqn Graphic, Kieffer & Co., Inc., 01 .I 9.07, 1 sheet.
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)
15
Date Prepared: May 1, 2007
Resolution 7, 2007
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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 LEVY ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTIONS\donald ross vlg amendment - reso 72007 May1 .doc
16
Date Prepared: March 11,2004
Resolution 125,2004
EXHIBIT A
(INTENTIONALLY OMITTED)
Date Prepared: March 11,2004
Resolution 125,2004
EXHIBIT B
EXHIBIT B
DESIGN GUIDELINES
DONALD ROSS VILLAGE PUD
September 19,2002
Roof treatments may include flat, gable or hip roofs. The gable andor hip roofs shall
include three-color blend of concrete "S" tile to match the three-color tile blend of the
previously submitted commercial buildings.
Building colors allowed shall match the colors of the previously submitted commercial
buildings.
Metal trim work shall match the color of the previously submitted commercial building.
Building awnings match the colors of the previously submitted commercial buildings.
Alternate colors may be approved if combined in a unified fashion and approved by the
Growth Management Director or his designee.
Common architectural elements shall include:
e Concrete block construction with textured stucco
color-blend concrete 'S' tile.
mass element.
fascia lines.
entrances and along facades exceeding 100'.
e A minimum of 50% of the building perimeter shall have a pitched roof with 3
Imitation wooden outlookers at fascia lines of pitched roofs at raised building
Simulated stone cornice treatment at remaining roof parapet wall and pitched roof
Raised building mass and pitched roof with breaks in wall plane at building
Periodic horizontal raised banding at intermediate wall planes.
Periodic accent tile medallions and banding
Fabric awnings at selected windows.
0
e
e
e
e Multi-paneled windows
e
Tenant and building identification signage shall conform to approved PUD signage
program.
Date Prepared: March 11,2004
Resolution 125, 2004
EXHIBIT C
i
.- - --
FILE No.727 12/05 '02 16:03 1D:W DESIGN STUDIO FRX:561 689 0551 PAGE ?/ 7
EXHIBIT C
Date Prepared: March 1 1,2004
Resolution 125, 2004
EXHIBIT D
. . u--- -
Inner-Office Memorandum
To: Ed Tombari, Gro
From: Lieutenant Jay
8 EXHIBIT D
Ref:
Date: 2/0 1 /02
Parcel 4.02 & 4.04 (Center Fund) MXD Use PUD
1.
2.
3.
4.
5.
6.
9.
Will need to provide a detailed photometric plan.
Lighting locations should not conflict with landscaping (to include long
term tree canopy growth).
Metal Halide lighting should be used for all street and pedestrian
walkways.
Buildings lighting (non-glare) should be around perimeter of all sides
and on pedestrian sidewalk surrounding the buildings.
Provide lighting for entrance sign.
Numerical address on all buildings:
a. Needs to be illuminated for nighttime visibility.
b. Must have bi-directional visibility fiom the roadway.
Landscaping should not obstruct view &om windows or walkways.
10. All perimeter doors should be equipped with hinges that utilize non-
removable hinge pins.
I
1 1. All strike areas of perimeter doors should be equipped with reinforced,
case hardened strike plate.
i-
12. Site plan does not indicate sidewalk leading to and fiom center.
Northmil Plaza is a good example for this if you want to visit there.
EXHIBIT D I
13. The rear doors to the buildings should be equipped with a peephole
viewer.
14. All stairways should provide open views.
15. Bank security needs:
0 Height markers at main exit doors.
0 Install alarm system.
0 For potential criminal activity detection, a high resolution color
digital video camera system with monitoring and photo processing
printout capabilities shall be installed above exit doors and teller
counters and the drive-thru lanes.
0 Installation of money lever switch within teller cash drawers that
will activate alarm system in emergency situations.
0 ATM - Comply with F.S.S. 655.960-965 relating to ATM (copy
provided):
a. Must be visible from roadway(s).
b. Should not be obscured by any landscaping
or other fixed object that would prevent
clear visibility.
c. Install slow speed video camera that records
24 hours a day
d. High illumination of ATM and walkway
leading to and from it. Lighting should be
positioned also as not to cause glare of video
recording.
mirror to allow operator of ATM to identify
any approaching person(s) and/or potential
suspect(s).
e. Install and strategically place a convex
16. All Drive-thru's needs signage stating one way only.
17. For potential criminal activity detection, a high resolution color digital
video camera system with monitoring and photo processing printout
capabilities shall be installed for the retail drive-thru .
.
EXHIBIT D
18. Hotel security needs:
Hotel needs to be readily identifiable by name.
The main entrance should lead directly to the front lobby area with
visible signage indicating so.
Traffic leading to lobby overhang andor circular drive should be
one way with signage stating same.
Bellboys should be instructed to greet guests to reduce the fear of
crime and provide a sense of security. They should be trained to
recognize suspicious persons, be and extra set of security eyes and
ears for the parking lot areas, teach guests how to secure their
possessions and communicate to them safe areas and routes to
visit.
Consider utilizing uniformed or non-uniformed personnel whose
primary knction is security.
Guest should have 24-hour access to an on-premises guest contact
staff member.
Lodging properties should use application forms containing
language that the employer can conduct criminal background
checks on all employees.
Lodging properties should establish written employee policies and
procedures for lost and found properties.
Front desk clerks should be on duty at all times.
Keep beverage machines in open areas instead of secluded ones.
Pay phones should be kept in open areas, preferably within view of
the front desk.
Legends, marquis maps, etc. should be used indicating location of
conference rooms, elevators, stairs, lobby areas, restaurants, pool,
tennis court, workout room, etc.
Gift shop windows should be clear to increase natural surveillance.
All guestrooms need to have electronic card access versus
mechanical locking system.
Guestroom entry door should have auxiliary hctioning locks.
Each guestroom should be provided with in-room electronic safes.
Note: Must be preplanned by electrical engineer for electrical
There should be no access to guestrooms fiom outside unless by
electronic access. Interior hallways should lead to all guestrooms.
hook-up.
; a- EXHIBIT D
0 Restrict access to poolkpdsauna through the use of key card or key.
0 For potential criminal activity detection, a high resolution color digital
video camera system with monitoring and photo processing printout
capabilities shall be installed for all parking lot sections, pool areas,
ancillary hotel access points, fiont lobby desk, etc. The Hampton Inn
has this if you want to visit there.
19. All ingress/egress locations should be designed the same as Northmil
Plaza.
20. The landscape buffer will create a situation where natural surveillance
of the development will be extremely limited, petitioner should
compensate with other alternative preventive measures.
2 1. Convenience Store Security - Comply with Florida State Statute 81 2.173:
For potential criminal activity detection, a high-resolution color digital
video camera system with monitoring and photo processing printout
capabilities shall be installed to cover all register locations in use.
The camera system should be positioned to cover all registers in use and
to minimize tampering by customers or offenders.
The camera system should be capable of continuous operation or
activation by a remote triggering device such as a concealed button.
A drop safe or cash management for restricted access to cash receipts.
A lighted parking lot illuminated at an intensity of at least 2 foot-candles
per square foot at 18 inches above the surface.
A conspicuous notice at the entrance which states that the cash register
contains $50 or less.
Window signage and window tinting must allow for a clear unobstructed
view of the cash register and sales transaction area from inside or outside
of the building and in a normal line of sight. The degree of window
tinting shall allow for physical identification of all individuals in the
sales transaction area fiom outside the building and in a normal line of
sight at all times.
Conspicuous height markers with digits at least one inch in size at the
inside entrance of the convenience business.
A written cash management policy that is kept on site, limits the cash on
hand at all times after 11 P.M. and before 5 A.M.
. 8 -
EXHIBIT D I
0 A silent alarm which activates a signal to a law enforcement agency or a
private security agency is required. Silent alarms shall have a primary
and secondary power source.
I
22. Parkway Preserve paths: I
a
0
a
Shall maximize natural surveillance of the pedestrian users through
selective vegetative management practices. Ground cover should
be no higher than 24'' and trees having a minimum 7' clear trunk
space creating a natural surveillance window.
Install 14' pedestrian scale lighting. As a general rule, the
minimum lighting intensity at any point along the path should be at
0.6 foot-candles.
Sight lines should have a 12' clear distance space at entry points,
curves, mergers, intersections, etc.
Install signage to promote enhanced safety and awareness.
Example:
Trail system traverses heavily,
wooded and secluded areas.
visitors encouraged
to travel with
a partner. i
I
I
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I I I
I
I
Date Prepared: March 11,2004
Resolution 125,2004
EXHIBIT E
December 2,2002
EXHIBITE -
City of Palm Beach Gardens
PUD uses
Donald Ross Village PUD
The following shall be the permitted uses within the Planned Unit Development:
accessory uses;
accountant;
adjuster, insurance;
advertising office;
alteratioddress making shop
antique shop;
appliance and/or electronics stores;
appraiser;
architect;
art gallery and/or museum;
art studio, gallery and supplies;
arts fabric store,
attorney;
bakery,
bankhancia1 institutions;
barber shops;
bicycle shop;
blueprinting service;
bookstore;
bridal formalwear store;
broker;
building, plumbing and electrical contractor’s
office;
camera and photographic supplies sales and
service;
candy, nuts, confectionery and ice cream
shop;
card and party store;
catering services;
china, crockery, glassware and earthenware
clothing store and accessories;
comedy entertainment club andor night club;
commercial photography studio;
confectionary & ice cream shop;
convenience store w/gas sales;
cosmetics shop;
costume/tuxedo rental;
dance schooVstudio;
data processing service;
delicatessen;
department store;
shops;
development & printing film;
drug store (with pick-up window);
dry cleaning;
electronics sales and repair;
emergency health care;
engineering office;
fitness studio;
floor covering sales;
floral or florist shop;
food market;
hrniture store;
games and entertainment stores;
general retail;
gift and card shop;
grocery store;
gymnasium, health and fitness center;
hardware store;
health and fitness club or day spa;
hobby and/or craft shops;
hotel/motels,
household furnishing store;
income tax service;
insurance agencies and bond office;
interior design including sales;
jewelry store;
laundry, coin operated
leather goods and luggage stores;
liquor store;
loan company oflice;
locksmith;
luggage store;
mail and packing store;
marine equipment sales;
market research office;
medical equipment rentayleasing;
minor utilities;
multifamily dwellings;
music store;
music and musical instrument sales;
newstand;
notary public office;
office equipment sales;
!
optical store;
optical, optician or optometrist offices;
paint and wallpaper store;
party supplies leasinglrental;
personal services
pet shop including overnight pets (in a
soundproof building);
photocopying store;
picture framing;
pottery shop;
private club or lodge;
professional and business offices;
real estate saledmanagement oftice;
residential use
restaurants (without drive-thru);
school/studio - art;
school/studio - business;
shoe store;
soft goods stores;
specialty grocery store;
sporting goods store;
stationary shop;
stock exchanges and brokerage ofice;
studio (instructional or professional);
surgical and orthopedic store;
swimming pool supplies;
tailor;
telecommunication equipment sales (for
personal use);
tobacco shop;
toy store;
travel agency;
veterinarian (overnight pets subject to City
Performance Standards);
video rentals and sales (family oriented);
yoga instruction.
.-
EXHIBIT E
Date Prepared: March 1 1,2004
Resolution 125,2004
EXHIBIT F
(INTENTIONALLY OMITTED)
Date Prepared: March 11,2004
Resolution 125, 2004
EXHIBIT G
EXHIBIT G
i
PUD-01-14: Donald Ross Village MXD PUD, Parcel 4.04: Total Acreage 34.24 acres
USE I PROPOSED I REOUIRED I CONSISTENT?
ACREAGE
TOTAL SQUARE
Land allocation I 15% I 5.14 I 15%/5.14 acres I Yes I
34.24
284,528 Yes
I I I
I
!: h!
cn v)v)v) -n n-n-n
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 18,2007
‘ Meeting Date: June 7,2007
Ordinance 10,2007
Subject/Agenda Item:
Ordinance 10,2007: Code Amendment, creating Section 78-193, entitled “Employer Sponsored
Housing” and amending Section 78-751, entitled “Definitions.”
Second Reading and Public Hearing: A request by Stephen Mathison on behalf of Frenchmen’s
Creek, Inc., for approval of a text amendment to Chapter 78, Code of Ordinances, Article V,
Supplementary District Regulations, Division I, General Standards, by creating Section 78- 193,
entitled “Employer Sponsored Housing” and amending Section 78-75 1, entitled “Definitions.” This
amendment provides for an increase in the number of persons not related by blood or marriage
allowed to occupy a residential unit fkom four to five if certain criteria are met.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Brad Wiseman
City Attorney
Christine Tatum, y.h
Development Compliance
Bahareh Wolfs, AICP
NA
P&Z Division
Director
Tala1 Benothman, AICP
Growth Management 727
Administrator
Kara Irwin, AICP
Approved By:
Originating Dept.:
Growth Management:
Project
Manager s?
Stephen Mayer
Sr. Planner
[ 3 Quasi-Judicial
[ X ] Legislative
[ X ] Public Hearing
Advertised:
Date: 5/23/07
Paper: Palm Beach Post
[ X 3 Required
/-
Affected parties:
[ X ] Notified
FINANCE:
Fees Paid [ Yes ]
per memo 4127107
Costs: $-N/A
Total
$- NIA-
Current FY
Funding Source:
[ ] Operating
[XI Other-NIA
Budget Acct.#:
NA
City Council Action:
[ 3 Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Applicant’s narrative
Ordinance 10,2007
Analysis of Palm
Beach Gardens
Workforce
Palm Beach County
Workforce Housing
Needs Assessment
Letters of Support
(Mirasol, Charming
Corporation, Comerica
Bank, Forbes, Lydian
Bank, PGA Corridor
Association and Seacoast
National Bank)
Notice of Public
Hearing
Date prepared: May 18,2007
Meeting Date: June 7,2007
Ordinance 10,2007
EXECUTIVE SUMMARY
The subject petition is a proposed amendment to the Land Development Regulations (LDRs) to
create Section 78-193 and add a definition to Section 78-751, in order to provide for an employer
sponsored housing program. Currently, the Code of Ordinances limits the occupancy of a residential
unit to no more than four persons not related by blood or marriage. The applicant proposes an
Employer Sponsored Housing (ESH) program that would allow an employer to house up to five
employees not related by blood or marriage in a multi-family unit if certain criteria are met. On
March 27,2007, the Planning, Zoning and Appeals Board (PZAB) voted 3-2 to recommend denial of
the proposed amendment to the City Council. On May 3, 2007, the City Council voted 4 to1 to
approve the petition on first reading with modifications. Staff recommends approval of Ordinance
10, 2007. On May 17,2007, the City Council voted 5 to 0 to postpone the petition to June 7,2007.
BACKGROUND
The applicant is requesting an amendment to the LDRs to create Section 78-1 93 and add a definition
to Section 78-751, in order to provide for an employer sponsored housing program. Employer
sponsored housing is a private sector venture initiated when an employer voluntarily provides living
quarters for their employees with property they have purchased. Employer sponsored housing is a
growing trend within private sector employers, such as, exclusive service markets (Golf Clubs, Hotel
or Conference Centers) and large corporate offices and headquarters. Currently, the City Code
allows a maximum occupancy rate of four persons not related by blood or marriage in a dwelling.
The applicant proposes an ESH program that would allow an employer to house up to five
employees not related by blood or marriage in a three bedroom unit or a two bedroom unit with a
den. The applicant proposes to limit the program to multi-family developments and have proposed
qualifications linked to an annual management plan that reflects to maintain the integrity of the
residential communities. In consultation with the applicant, staff has revised the proposed code
amendment for clarity and included additional regulations to further protect the public health, safety
and welfare.
CITY CODE AMENDMENT
The following is the language proposed by the applicant: (Deletions are s-tmek, new language is
underlined):
Sec. 78-193. Employer Sponsored Housing.
@iJ Purpose. Employer Sponsored Housing, pursuant to the criteria and limitations
provided herein, will assist in meeting housing needs in the City by allowing the
implementation of an approved management plan for providing employee living
quarters at appropriate locations.
2
Date prepared: May 18,2007
Meeting Date: June 7,2007
Ordinance 10,2007
(b)
(cJ
Permitted Locations. Employer Sponsored Housing programs shall be limited to a
multi-family development with a minimum of 500 dwelling units.
Criteria. The Applicant shall demonstrate compliance with the following criteria at
time of application:
0
(2)
(3)
(4)
0
The application shall be submitted by a side employer whose place of
business is located within the City of Palm Beach Gardens.
The application shall be solely for providing employee living quarters.
Permitted Locations. Employer Sponsored Housing programs shall be
limited to a multi-family development with a minimum of 500 dwelling units.
Each residential building within a permitted development shall contain a
minimum of five (5) dwelling units.
Occupancy shall be limited to a maximum of five (5) unrelated persons
occupying a three (3) bedroom unit or a two (2) bedroom unit with a den. The
altering of existing floor plans is prohibited.
The Applicant shall be the owner or lessee of a minimum of ten (1 0) dwelling
units within the multi-family development, and there shall be no more than an
aggregate maximum of five percent (5%) of the units in said development
participating in the program. If the owner is not the Applicant, the Applicant
shall submit a notarized affidavit indicating the owner’s consent to participate
in the program.
(d) Manazement Plan. At time of application, the Applicant shall provide a management
plan, which at a minimum shall contain the following elements:
0
(2)
(3)
(4)
0
(6)
Documentation that demonstrates that the application meets the criteria for
the program.
Provision for a single point of contact responsible for the program.
A plan for transportation of employees to and from the place of employment.
Estimated life of Employer Sponsored Housing program.
Estimated turnover of occupancy of employees, i.e. minimum months’ stay
for each employee.
Examples of any additional elements to the management plan that would
benefit employees and/or mitigate potential impacts to the community as
Date prepared: May 18,2007
Meeting Date: June 7,2007
Ordinance 10,2007
requested by the City.
(7) If a two bedroom unit with a den is used in the program. the Applicant shall
demonstrate that adequate parking is being provided by meeting the
minimum requirements in accordance with City Code, or by restricting the
number of parking spaces used to two spaces.
(8) Written consent of any applicable Homeowners’ or Property Owners’
Association simed by an authorized representative of the Association.
(eJ Review, Approval and Appeal. All Employer Sponsored Housing applications shall
be reviewed by Growth Management Staff and shall be approved in writing by the
Growth Management Director only upon demonstration by the Applicant of
compliance with Sections (b), (c). and (d) above. Upon denial of an application, the
Applicant may appeal the Growth Management Administrator’s decision in
accordance with City Code. Upon approval of the application, the Applicant shall
maintain the Employer Sponsored Housing program for a minimum of five (5) years.
@ Annual Report. For a minimum period of five (5) years after approval of the
Employer Sponsored Housing application, the Applicant shall provide an annual
report on the anniversary of approval, demonstrating continued compliance with
Sections (b), (c). and (d) above. Should the Applicant continue the Employer
Sponsored Housing promam beyond the minimum five (5) year period, the said
Applicant shall file with the Growth Management Director annual reports
demonstrating such compliance until the Employer Sponsored Housing promam is
terminated, either by the Applicant or as set forth in Section (g) below.
(g) Revocation/Termination. An approved Employer Sponsored Housing program shall
be revoked or terminated upon the following:
(1) The Applicant’s failure to maintain the Employer Sponsored Housing
promam in accordance with Sections (b), (c), and (d) provided herein,
including, but not limited to, compliance with all aspects of the approved
management plan.
(2) The Applicant’s failure to file an annual report, as required herein or the
Applicant’s failure to demonstrate continued compliance with the approved
promam in an annual report.
(3) The sale of any dwelling unit included in the plan.
(h) Effect of Revocation/Terrnination. Upon revocation or termination of an approved
Employer Sponsored Housing plan, occupancy of any units included in the approved plan
4
Date prepared: May 18,2007
Meeting Date: June 7,2007
Ordinance 10,2007
shall be limited to a maximum of four (4) unrelated persons or as otherwise provided for
in the Code of Ordinances.
Sec. 78-751 Definitions.
Add the following definition to Section 78-75 1 :
Employer sponsored housina means a multi-family dwelling approved by the City as part of the
Employer Sponsored Housing program, designed solely to house employee living quarters at a
maximum occupancy of 5 persons not related by blood or marriage, living together as a single
housekeeping unit in a three bedroom or a two bedroom with a den.
STAFF ANALYSIS
The purpose of the Employer Sponsored Housing (ESH) program is to create opportunities for
employers within the City to provide living quarters for their employees. The applicant is requesting
that the City raise the maximum occupancy by one additional non-related person for housing units
approved as part of the ESH program. Currently, the City Code allows a maximum occupancy of
four persons not related by blood or marriage in a housing unit. This is based on the definition of
family, which states, “...The term shall also include a group of not more than four persons not
related by blood or marriage, living together as a single housekeeping unit in a dwelling.” The
applicant has expressed that allowing up to five persons not related by blood or marriage would
assist City employers in housing their employees.
It is staffs professional opinion that the goal of assisting City employers in meeting their employees
housing needs would be beneficial to the City. Staff notes that the Palm Beach County median
income has not kept pace with the cost of housing, which is especially problematic for employees
making below the median income level. As a result of this trend, meeting the housing needs of said
individuals has become increasingly difficult. Please note that according to the updated “Data and
Analysis” for the City’s Comprehensive Plan, written in May 2006, “a booming housing market has
widened the gap for the working class to purchase a home.” In that report, it is noted that the
County’s housing costs have increased more than 150 percent between 1994 and 2004. Meanwhile,
income levels have been relatively stagnant; the median wage did not change in a two-year period
between 2005 and 2006.
Staff supports the applicant’s proposed criteria in order to enter the ESH program. Staff supports
limiting the program to a single employer whose place of business is located within the City of Palm
Beach Gardens. This ensures responsive and direct control over the employers living quarters and
eliminates the need for multiple points of contact. The program is only intended for employers to
provide living quarters and the floor plan of the units would not be allowed to be modified. Staff
supports the use of a den or flex-space, but the applicant must demonstrate that the use of the den as
a bedroom will have adequate parking required by code, or the multi-family dwelling will be limited
to two parking spaces. Staff notes that parking is not required for a den, but City Code requires each
5
Date prepared: May 18,2007
Meeting Date: June 7,2007
Ordinance 10,2007
Union Square*
San Matera
bedroom to be parked at 1 space per bedroom. Therefore, the use of a den as a bedroom will increase
the required parking by one additional parking space for each conversion, unless the ESH
management plan restricts the number of parking spaces that will be used to two spaces.
542
672
It is staffs professional opinion that the program should be limited to multi-family developments
with a minimum of 500 dwelling units in neighborhoods with residential buildings with 5 or more
units under one roof. Staff proposed an increase in the threshold from 250 to 500 because many of
the developments that are between 250 and 500 units are not in areas that are: 1) centrally located; 2)
near existing or potential transit routes and stations; 3) near the employment center of the city; and 4)
near the Regional Center Development of Regional Impact (DRI). Staff notes that the person
benefiting from employer sponsored housing may be auto-independent and will need to live close to
transit, work and shopping opportunities.
In order to ensure a substantial commitment by the employer, staff recommends that the ESH
applicant be the owner or lessee of a minimum of ten (10) dwelling units within a multi-family
development. Staff also notes that this number makes the program manageable for staff. If the
number were reduced or eliminated, it would increase the potential number of different employers
that could enter into the program. For example, with the proposed limit of ten, only two different
employers may use the program within a community of 500. However, if the limitation is removed,
there could be up to 25 programs guided by 25 different management plans within a single
community. As a result, the staff oversight for this amount of employers may prove to be
problematic.
Staff recommends that no more than an aggregate maximum of five percent (5%) of the total units in
any development may have units included in the program. The staff reasoning for recommending the
limitation is to ensure the home ownership of a community is not controlled by a single employer for
the purpose of providing living quarters, and to ensure the program is not concentrated to one
development in the City.
As shown in the table below, two individual multi-family developments have more than 500 units
and have buildings with five or more units under one roof, and therefore are eligible for the program.
Please note that the program is only eligible for multi-family developments that have over 500 units,
and does not include, as an example, a cumulative count of more than one multi-family development
within a Planned Community Development. Staff notes that a development such as Union Square is
rental units and not condominium products. A development such as this would be eligible for the
program; however, the proposed code amendment requires consent from the property owner.
Development Name # of MF I Units I
* Rental developments
6
Date prepared: May 18,2007
Meeting Date: June 7, 2007
Ordinance 10,2007
Staff finds that the minimum threshold of 500 multi-family units is large enough to limit the program
to only those developments that have the infrastructure and size to support the additional occupancy
per housing unit and that these developments are near the necessary amenities, such as transit,
employment and shopping opportunities. Please be advised that San Matera is the largest compact
multi-family project in the City at this time.
Staff recommends that a management plan be submitted with the initial application and on an annual
basis. The required management plan and annual updates must provide staff information that will
assist in determining if the program minimizes the potential impact of the program on the residential
neighborhood it is located. The plan must provide documentation that demonstrates that the
application meets the criteria for the program. The plan must also contain reference information,
such as, a single point of contact in case of any Code violation; plans for employee
transportatiodparking; an estimated length of the Employer Sponsored Housing program; a consent
letter from the applicable HOA or POA; and the estimated turnover of occupancy of employees (i.e.
minimum months’ stay for each employee).
Consistency with Comprehensive Plan
Housinp Element:
Policy 3.1.1.1.: The City shall continue to provide information, technical assistance, and incentives to
the private sector to maintain a housing production capacity sufficient to meet the projected demand.
In stars professional opinion there is demand for employer sponsored housing and allowing an
increase in the maximum occupancy rate would create reasonable opportunities. for employers to
provide this type of housing. The proposed regulations would be benejkial to the City by aiding
employers’ eforts to house employers within the City.
Policy 3.1.1.3.: The City shall ensure proposed ordinances, codes, regulations, and changes to the
permitting process do not create excessive requirements, and the City shall continue to amend or add
other requirements in order to maintain or increase private sector participation in meeting the housing
needs, while continuing to insure the health, safety, and welfare of the residents.
The proposed amendment to the City Code does increase private sector participation in meeting a
specific housing demand for employer sponsored housing, while creating a management plan that
insures the health, safity and welfare of the residents.
Policy 3.1.1.4.: The City shall maintain development regulations which include site selection criteria
for the location of housing which shall consider accessibility, convenience, and infrastructure
availability.
Staf considered site selection criteria by ensuring that the program is limited to large scale multi-
.family housing developments. Please note that these, large scale multiTfamily housing developments
7
Date prepared: May 18,2007
Meeting Date: June 7,2007
Ordinance 10,2007
are generally located in areas that are accessible by major arterials and areas that may accommodate
mass transit facilities in the future. As a result, employer sponsored housing is limited to areas that
may accommodate the speci3c needs of the program.
Policy 3.1.3.3.: The City shall maintain and continue to evaluate additional incentives to encourage the
production of housing for persons with special needs including the elderly, the handicapped, and those
in need of affordable housing.
As noted in the stafanalysis, the increase in the maximum occupancy rate.for employer sponsored
housing is an incentive for the private sector to meet housing needs of their employees.
PUBLIC NOTICE
Although City Code does not require mail notice for a Land Development Regulation Text
Amendment, staff has mailed notices to the narrow list of affected parties, specific to the proposed
text changes. Please note that staff mailed a brief explanation of the proposed text amendment to the
HOA, POA or responsible party of the four developments that are eligible for the Employer
Sponsored Housing Program (Please see attached).
SUMMARY OF PLANNING, ZONING, AND APPEALS BOARD COMMENTS
The Planning, Zoning, and Appeals Board reviewed the subject petition at two public hearings on
March 6,2007, and March 27,2007, and issued the following comments (stafs responses are in
italics):
1) The PZAB asked staff to demonstrate the need for the program and inquired if staffperfonned any
studies to substantiate the need.
Stafattached the County's Affordable Housing Needs Assessment, which clearly demonstrates the
need for housing.for employees making well under the median income housing. By utilizing the 2002
economic census, staff determined the average median wage is $29,000. Staf notes specific
industries were also grossly underpaid, including the retail, .food and accommodation industries.
These industries combined to form 52% of our workforce, and 52% of our sales and receipts,
thereby making it a substantial part ofour economy. However, they are paid on average well under
$25,000. The proposed program addresses a specific part of our workforce and will assist
employers in meeting their employees housing needs.
2) The PZAB asked staff to substantiate and justify the criteria that staff is supporting. The criteria
states that the applicant must purchase and dedicate 10 units to the program to qualify. Dissenting
members of PZAB believed that the number was unfair to smaller businesses that could only afford a
few units. A second criterion of the program states that the program is applicable to multi-family
developments with over 500 units. The PZAB expressed concern that the number was arbitrary
8
Date prepared: May 18,2007
Meeting Date: June 7,2007
Ordinance 10,2007
and needs be justified. Dissenting members of the PZAB believed the number should be lower to
include more developments.
Staffhas analyzed and has justification for each of the criterion. The 10 unit minimum is to ensure
substantial interest or investment into the program and the affected community at large. It also
ensures that the program is manageable for stag If the number was lowered, there may be several
more employees within a community that would need staff oversight. Ifthe standard was lowered to
1 unit, there could potentially be 25 different employers, 25 dijferent plans, and 25 different
responsible parties in a single Community of 500. It is stars professional opinion that lowering the
limit to qua@ could result in a situation that was unmanageable by stag
The 500 unit minimum is equally justijable. Stag limited the program to large multi-family
developments and different development size criteria were analyzed extensively. The four
communities that are eligible using the 500 unit criteria are all centrally located; all within a mile of
Palm Tran and the potential tri-rail station; and within close proximity to our regional shopping
center. It is important based on the type ofperson that will live in these units, that they be capable
of living an auto-independent lifestyle. Staff adjusted the applicant’s proposed 250 unit minimum,
because it contained communities that were too far away-from these essential functions.
3) Dissenting members of the PZAB and residents expressed concern over parking. The concern is
that allowing an additional person without necessarily requesting an additional parking space.
Stafnotes that the management plan includes a requirement that the employer justifi the amount of
parking being utilized. For example, ifthe employer utilizes parking in addition to what is allowed
in the management plan, the program can be revoked. In summation, adequate parking is required
to be justified for approval of the ESHprogram.
At the PZAB public hearings, several residents expressed concern over the proposed Employer
Sponsored Housing, and several members of the business and leadership community expressed their
endorsement of the program. Divergent points of view were expressed from residents, members of
Home Owner Associations, landlords, representatives of the Housing Leadership Council, the North
Palm Beach County Chamber of Commerce, and the Workforce Housing Task Force and members
of the business community. In summary, residents, and home owner associations were not
supportive of the ordinance. Their major concern centered on their perspective that the addition of a
single occupant will have unmitigated impacts on all family communities. Representatives of the
Housing Leadership Council, the North Palm Beach County Chamber of Commerce, the Workforce
Housing Task Force, the business community, and a resident of Frenchmen’s Creek expressed
support of the ordinance and that it represents a positive step in the direction of meeting housing
needs. In addition, staff received several letters in support of the proposed amendment (please see
attachments).
9
Date prepared: May 18,2007
Meeting Date: June 7,2007
Ordinance 10,2007
PLANNING, ZONING, AND APPEALS BOARD RECOMMENDATION
At the March 27,2007, Planning, Zoning and Appeals Board (PZAB) meeting, the board voted to
recommend denial of the subject petition by a vote of 3-2 to the City Council. The dissenting votes
were cast by Mr. Dennis Solomon, Mr. Jonathan Rubins, and Mr. Amir Kanel. Mr. Craig Kunkle and
Mr. Douglas Pennell voted in favor of a motion to approve the subject petition with a condition to
require consent fiom the applicable HOA or POA to be eligible for the program. The approving
voters stated that the program was an important step toward meeting a housing need and supported
the methods by which the Ordinance mitigated potential impacts on the community. Mr. Solomon’s
dissent was based on concerns that the proposed ordinance does not address potential impacts to the
communities. Mr. Rubins expressed similar concerns, and added that the program does not seem to
be a good fit for the City. Mr. Kanel expressed that he would not be able to vote for approval of the
proposed ordinance unless HOA and POA consent was required.
CITY COUNCIL
On May 3,2007, the City Council voted 4 to 1 to pass Ordinance 10,2007 onto second reading with
modifications. Their modifications consisted of restricting the program to communities with a
minimum of five dwelling units per building and consent from an applicable Homeowners’ or
Property Owners Association a mandatory item of the management plan. The approving voters
stated that the Management Plan provided additional protection to the residents and that the ESH
program will be beneficial to our City. The dissenting voter stated that the major concern was that
the negative impacts associated with the program outweigh the benefits. The councilmember
expressed concerns shared by several residents of the community, which centered over enforcement
of the program. A member of the business community, who owns units in the City, also shared
opposition to the program.
Members of the business community, including representatives fiom the North Palm Beach Chamber
of Commerce and the Affordable Housing Leadership Council endorsed the program as a positive
step in the direction of meeting affordable housing needs.
Staff has made the following revisions to Ordinance 10,2007 pursuant to the City Council’s motion:
Section 78-1 93(c), entitled “Criteria”, is amended as such,
(3) Permitted Locations. Employer Sponsored Housing programs TE,: .. shall be limited to in a multi-family development with a
minimum of 500 dwelling units. Each residential building within a permitted
development shall contain a minimum of five (5) dwelling units.
Sec. 78- 193(d), entitled “Management Plan”, is amended as such,
10
Date prepared: May 18,2007
Meeting Date: June 7,2007
Ordinance 10,2007
Written consent of any applicable Homeowners’ or Property
Owners’ Association signed by an authorized representative of the Association.
Please note that this modification of Section 78-1 93(c) results in the Westwood Garden and Gardens
Lake PUDs being ineligible for the ESH program. Due to the recommended revisions and City’s
Council’s direction, staff sent a second mail notice to the homeowners of San Matera and the
management company of Union Square.
As part of the applicant’s justification, the applicant submitted letters of support for the program to
demonstrate need. At their request, those letters have been included as part of their application.
On May 17,2007, the City Council voted 5-0 to postpone the petition to June 7,2007. The applicant
requested the City Council postpone the item so that the applicant may continue to coordinate with
the residents of San Matera. The City Council voted to direct staff to include all of the e-mail and
other written correspondence from residents of San Matera in the official record. Staff included all
of the correspondence as part of the official file of record and they are available to the public. The
City Council directed the applicant to provide public notice to the property owners in San Matera 15
days prior to the date of the second reading of the ordinance, as well as sending the same notification
to all residents that had commented via e-mail. The City Council also voted to direct the applicant to
inform staff prior to 5:OOpm on Tuesday, June 5, 2007 if the applicant desires to request another
postponement and directed staff to e-mail residents and place a notice on the webpage if the
application is postponed.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 10,2007.
11
STEPHEN S. MATHISON, BOA.
ATTORNEYS AT LAW
Stephen S. Mathison, P.A.
Of Counsel
Frederic T. DeHon, Jr., P.A.
VIA EMAIL - smavefiDbrrfl.com
VIA FACSIMILE @ 561-799-4281
January 23,2007
Stephen Mayer, Senior Planner
City of Palm Beach Gardens
Planning & Zoning Department
10500 N. Military Trail
Palm Beach Gardens, FL 33410
P.G.A. Concourse Building
5606 PGA Boulevard, Suite 211
Palm Beach Gardens, FL 33418
Telephone: (561) 624-2001
Telecopier: (561) 624-0036
Re: Frenchman's Creek, Inc. - Employer Sponsored Housing (Our File #1905.10)
Dear Stephen:
Following up on our conference of last week, I have prepared proposed LDR language for the
above-referenced matter. Please review the proposed language carehlly and critically. I
welcome your comments and suggested changes.
Kind regards,
SSMlst
Attachment
cc: client
z:\docs\Frenchman'sCreek\SanMatera\Mayer.le
PROPOSED LDR PROVISION
The Applicant, FRENCHMAN’S CREEK, INC., would propose to add an additional
provision to ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 1.
GENERAL STANDARDS, as follows:
Sec. 78-193. Employer Sponsored Housing.
(a) Purpose. Employer Sponsored Housing, pursuant to the criteria and limitations
set forth below, will assist economic development needs of employers in the City
by permitting implementation of an approved management plan for providing
employees living quarters at appropriate locations.
(b) Permitted Locations. No Employer Sponsored Housing program may be
implemented other than in a multi-family development with a minimum density of
250 dwelling units.
(c) Criteria. The Applicant must demonstrate compliance with the following criteria
at time of application:
Application must be from single employer whose place of business is
located within the City of Palm Beach Gardens.
Application must be solely for providing employees living quarters.
Property subject to application must be a multi-family development with a
minimum density of 250 dwelling units.
Occupancy must be limited to a maximum of five (5) unrelated persons
occupying a three (3) bedroom unit (including den which can be converted
to a bedroom, i.e. by installation of a door and not by altering existing
floor plans).
Applicant must be the owner or lessee of a minimum of ten (1 0) dwelling
units within the multi-family development, and may own or lease no more
than a maximum of twenty percent (20%) of the units in said development.
(d) Management Plan. At time of application, Applicant shall provide a management
plan, which at a minimum shall contain the following elements:
(1) Provide a provision €or a single point of contact in case of any Code
violation.
(2) Provide a plan for transportation of employees.
z:\docs\FrenchmansCreek\SenMatera\LDRP rovision I
(3) Provide estimated life of Employer Sponsored Housing program.
(4) Provide estimated turnover of occupancy of employees, i.e. minimum
months’ stay for each employee.
(5) Provide examples of any additional elements to the management plan that
would benefit employees and/or mitigate potential impacts to the
community.
Review, Approval and Appeal. All Employer Sponsored Housing applications
shall be reviewed by Growth Management Staff and shall be approved in writing
by the Growth Management Director only upon demonstration by Applicant of
compliance with Sections (b), (c), and (d) above. Upon denial of an application,
the Applicant may appeal the Growth Management Director’s decision to the City
Council. Upon approval of the application, Applicant shall maintain the
Employer Sponsored Housing program for a minimum of five (5) years.
Annual Report. For a minimum period of five (5) years after approval of the
Employer Sponsored Housing application, Applicant shall provide an annual
report on the anniversary of approval, demonstrating continued compliance with
Sections (b), (c), and (d) above. Should Applicant continue the Employer
Sponsored Housing plan beyond the minimum five (5) year period, Applicant
shall file with the Growth Management Director annual reports demonstrating
such compliance until the Employer Sponsored Housing program is terminated,
either by Applicant or as set forth in Section (g) below.
Revocation/Termination. An approved Employer Sponsored Housing plan shall
be revoked or terminated upon the following:
(1) Applicant’s failure to maintain the Employer Sponsored Housing plan in
accordance with Sections (b), (c), and (d) above, including, but not limited
to, compliance with all aspects of the approved management plan.
(2) Failure of the Applicant to file an annual report as required herein, or
failure of the Applicant to demonstrate in the annual report continued
compliance with the approved plan.
(3) Sale of any dwelling unit included in the plan.
Esfecl of Revocatiodirevmination. Upon revocation or termination of an approved
Employer Sponsored Housing plan, occupancy of any units included in the
approved plan shall be limited to a maximum of five (5) unrelated persons as
otherwise provided for in applicable City of Palm Beach Gardens Land
Development Regulations I
z:\docs\FrenchmansCreek\SanMatera\LDRP rovision 2
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2002 Economic Census: Summary Statistics by 2002 NAICS - Palm Beach Gardens city, FL Page 1 of 2
E CON0 Pll C
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Summary Statistics by 2002 NAICS
Palm Beach Gardens city, FL
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Select a state I !,Go '1
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You are here: 2002-Economic Census b PalmBeach Gardens city, FL b All sector totals
Data based on Geographic Area Series reports. Table includes only establishments of firms with payroll. Introductory
text includes scope, methodology, non-sampling error, and confidentiality protection. For descriptions of column
headings and rows (industries), click on the appropriate underlined element in the table.
More NAICS
data code
21
22
23
31 -33
42
44-45
48-49
51
52
53 -
-2-
MOrfl 54
55
56
ma 61
more 62 4-
Description
MLirina (not published for places)
Utilities (not published for places)
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Manufacturinn (too small for.publica!ion)
Whelesaletrade
Retail trade
Transportation & warehousin-q (not published for
place_sl
Informam
FjnaEce & insurance (not published for places)
Real estate & rental_& leasing
Professional, scientific, &technical se.rvices
Management of companies & enterprises (not
published for places)
Administrative & support &waste management &
remediation service
Educational services
Health care & social assistance
Arts, entertainment, & recreation
Accommodation & food services
Other services (except public administratjog
Estab- Sales, recebts Annual
lkk or shipments pay1011
X X X
X X X
X X X
ments ($LO.OO! ($rnO)
2 Z Z
64 186,467 35,431
295 91 1,831 106,422
X X X
25 N 53,872
X X X
97 109,451 22,208
335 245,619 103,396
X X X
89 78;531 37,902
12 D D
296 444,814 143,228
30 42,328 14,884
91 110,837 30,297
101 72,089 28,265
P a-i d
employees
X
X
X
Z
685
5,432
X
1,227
X
57 1
I ,892
X
1,566
(1 00-249)
4,048
585
2,411
81 9
D = Withheld to avoid disclosing data of individual companies; data are included in higher level totals; N = Not available:
X = Not applicable; z = Zero or below publication threshold
Data in formats for American ~__~ List of PDFs for this state 'XY map Map in PDF
(new yindow) downloadinq FactFinded 4*;;, I
http://www .census.gov/econ/census02/datdfl/54075 .HTM 12/4/2006
2002 Economic Census: Summary Statistics by 2002 NAICS - Palm Beach Gardens city, FL Page 2 of 2
Source: 2002 Economic Cen-sss, Geographic Area Series Questions?
Last revised: November 07,2005
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Page Last Modified. November 07,2005
http://www.census.gov/econ/censusO2/datalfl/54075 .HTM 12/4/2006
Palm Beach County
Workforce Housing Needs Assessment
Prepared for:
Housing Leadership Council of Palm Beach County, Inc.
Prepared by:
Florida International University
Metropolitan Center
June 29,2006
The Metropolitan Center at Florida International University:
The Metropolitan Center at Florida International University (Flu) delivers information and
expertise to decision makers, community leaders and citizens as they seek to forge solutions to
urban problems. The Center is engaged in the study of housing, demographics, economics and
politics in South Florida. The overall goal of the Center, as an "applied research" institute, is to
provide decision-makers with the best possible information to forge solutions to the problems
confronting South Florida's urban areas. Toward that goal, the Center provides research,
training, and technical assistance to governmental and nonprofit institutions in South Florida.
Metropolitan Center
150 S E 2nd Avenue, Suite 500
Miami, Florida 33131
(305) 349-1251
qAt2 ~~iI.'!~~'J~'\~t~'~ ''1' c?dll
Study Team
Ned Murray, Ph. D., AICP, Associate Director
Dario Moreno, Ph. D., Director
Rosa Davis, Research Associate and Project Manager
Dario Gonzalez, Research Associate
Maria llcheva, Research Associate
Vanessa Brito, Communication Director
Stephanie Smith, Research Assistant
Lina Duran, Research Assistant
Amanda Gorski, Research Assistant
Javier Correoso, Research Assistant
Anthony Villaverde, Research Assistant
Survey Research Team
Dario Moreno, Ph.D., Director
Maria Ilcheva, Research Associate
Ned Murray, Ph.D., AICP, Associate Director
The Metropolitan Center at Flu extends our sincere thanks and appreciation to the following
individuals and organizations for their technical assistance and support throughout the study
process:
Housing Leadership of Palm Beach County Steering Committee
Economic Council of Palm Beach County, Inc.
Mike Jones
Arthur J. Menor
Marty Perry
Robert C. Kneip
Rod Macon
Barda Kosovrasti
Palm Beach County Housiiig Needs Assessment
Metropolitan Center
Essentially, populations follow job growth. Employment and population growth will occur through
the retention and expansion of existing firms and new economic growth resulting from start-ups,
spin-offs, and relocations to Palm Beach County. The future demand for housing will be defined
by the location, type, and wage levels of Palm Beach County’s future employment growth.
To better understand the current state of employment in Palm Beach County with respect to the
recruitment and retention of workers, the “Housing Demand Analysis” element of the study
included an “Employer Survey.” The purpose and intent of the survey was to examine the extent
to which housing values in the Palm Beach County are impacting the ability of employers to
recruit and retain employees. The survey was designed as a telephone interview consisting of
both closed- and open-ended questions, designed to elicit elaboration on several potential
aspects of the correlation between housing and employment. The survey included the top 50
employers in Palm Beach County and a sampling of approximately 150 smaller employers based
on industry type, size, and geographical representation within Palm Beach County. Key statistical
findings from the survey results include the following:
The majority of Palm Beach County employers (58.4%) reported the cost of housing in Palm
Beach County has impacted their ability to recruit new employees.
70.6% of large employers (1 00 or more employees) indicated the cost of housing in Palm
Beach County has impacted their businesslinstitution’s ability to recruit new employees.
44.2 o/o of employers indicated that the cost of housing in Palm Beach County has impacted
their ability to retain existing employees.
72.6Oh of large employers indicated that the cost of housing in Palm Beach County has
impacted their ability to retain existing employees.
The majority of employers (69.1%) who consider Palm Beach County’s cost of housing to be
impacting their recruitment ability believe that it is caused by a gap between wages and
housing prices.
The cost of housing has affected recruitment efforts for all levels of employees, with entry-
level positions (38.3%) being the most affected, followed by technicians and trade personnel
67.8% of employers who recognized that the cost of housing in Palm Beach County has
impacted their ability to recruit new employees have had to expand or modify their
recruitment methods to attract prospective employees.
(34.4%).
The need to protect and preserve an adequate inventory of workforce accessible housing is a
growing economic development challenge in Palm Beach County and all of South Florida.
Rapidly appreciating housing values have diminished the supply of affordable owner and renter
units, thus creating a severe mismatch with the housing demand of the local workforce. The
economic imbalance is exacerbated by the lack of production of workforce-priced owner and
renter housing units. In addition, wholesale speculation in the investment market during
2004-2005 directly contributed to the rapid conversion of multi-family rental housing into
condominiums resulting in a substantial loss of the existing rental housing inventory.
Palm Beach County is a large land area and larger still with respect to disparities in household
income and property values Yet, Palm Beach County is bound together by a single economic
base, principally comprised of service-providing industries that fuel the larger tourism economy of
South Florida Additionally, resident and non-resident population growth has spurred significant
growth in the Professional Services, Construction, and Health Care and Social Assistance
industries This is an important understanding, as local labor markets are fairly structured and
Palm Beach County Housing Needs Assessment
Metropolitan Center
Business Development Board of Palm Beach County
Kelly Smallridge
Peggy Blackwood
Workforce Alliance, Inc.
Kathryn Schmidt
Greater Boca Raton Chamber of Commerce
Troy McLellan
Chamber of Commerce of the Palm Beaches
Dennis Grady
Greater Delray Beach Chamber of Commerce
Bill Wood
North Palm Beach County Chamber of Commerce
Casey Steinbacher
Palms West Chamber of Commerce
Vivian Palmer
Geoff Sluggett
Michael Horwitz
Technical Consultant to the Housing Leadership Council
Owen Beitsch, Real Estate Research Corporation, Inc.
Housing Leadership Council of Palm Beach County Technical Advisors
Grateful acknowledgement is given to the individuals and organizations too numerous to mention
that attended meetings, offered suggestions on the design of the study and provided data to
make this study as complete as possible. A special thanks to the following individuals and
organizations who volunteered their time and resources:
Judy Ayers, U.S. Department of HUD
Kristen Carr, Regional MLS, Inc
Bob Gray, Strategic Planning Group, Jacksonville
Brad Hunter, Metrostudy
Tracey Lamport, United Way of Palm Beach County
Tom Lanahan, City of Greenacres
John McHenry, Ph.D.
Jane Pike, Jupiter-Tequesta-Hobe Sound Association of Realtors
Laurel Robinson, West Palm Beach Housing Authority
Rebecca Rust, Agency for Workforce Innovation
Paula Ryan, City of West Palm Beach
Palm Beach County Planning and Zoning Department
Karen Roberts, Human Resources Association of Palm Beach County
Greta Von Unruh, Economic Development Research Institute, Inc.
Pain> Beach County Housing Needs Assessment
Metropolitan Centet
The Palm Beach County Workforce Housing Needs Assessment was prepared by The
Metropolitan Center at Florida International University (Flu) on behalf of the Housing Leadership
Council of Palm Beach County, Inc. (HLCIPBC). The purpose of the Housing Needs Assessment
is to provide a quantitative study that will serve as a baseline for understanding and measuring
Palm Beach County’s housing supply and demand relationship.
In establishing their organization, the HLClPBC set forth a vision of “attainable housing for all
members of the Palm Beach County workforce” and a mission to “’increase the availability of
housing throughout Palm Beach County for the workforce at all income levels.”
The HLCIPBC has three primary goals:
r To conduct research on the state of workforce housing in Palm Beach County through
credible, independent experts;
b To identify strategies and funding options that can be implemented by utilizing a
combination of government, industry and private cooperation and partnerships; and
b To promote, support and implement, through education and advocacy, plans that will help
provide attainable workforce for every city and the unincorporated areas of Palm Beach
County.
To this end, the Flu Metropolitan Center’s approach was to:
b
1
b
Prepare a comprehensive housing database and analysis designed to assist Palm Beach
County in determining future housing policies and strategies;
Combine economic and housing market analyses, utilizing the most current and reliable
primary and secondary data sources; and
Provide a clear and workable database that can be updated regularly.
The methodology used by the Flu Metropolitan Center in the research and preparation of the
Palm Beach County Workforce Housing Needs Assessment is to link current and future housing
demand and supply factors and conditions with existing and future population and employment
characteristics and projections. The housing demand and supply assessment examines the
existing and future housing needs of Palm Beach County’s resident worker population and
provides several layers of affordability gap analysis based on prevailing wages, household
incomes, and housing values. The study attempts to clearly illustrate the important relationship
between housing supply and demand, and the economic significance of creating and maintaining
an adequate supply of affordable homeowner and renter housing.
The study provides further evidence that the economic base of Palm Beach County and South
Florida is largely supported by the nondurable service-providing industries. These industries
currently comprise 87 percent of Palm Beach County’s employment base. While the majority of
these jobs are directly related to South Florida’s tourism-based economy, recent economic
growth in Palm Beach and South Florida has been fueled by unprecedented population growth.
Growth in the Retail Trade, Health Care and Social Assistance, Administrative Support, and
Waste Management and Construction industries are all directly attributed to the region’s
continued population growth.
Palm Beach County’s future housing demand will be largely determined by ongoing and planned
economic development activity that will result in expanded employment opportunities.
Palm Beach County Housing Needs Assessment
Metropolitan Center
IV
,
have a certain level of geographic arrangement that relates to housing supply and demand. At
the core of the labor market are the primary jobs, those that consist of career professional and
technical positions with livable wages and benefits, including teachers, nurses, police officers and
firefighters. Surrounding the core primary jobs is the secondary labor market consisting of
generally low-wage and unstable employment in the nondurable goods sector, including the
consumer services areas of the local economy. The study’s analysis of Palm Beach County’s
labor market found that the vast majority of local employment is found in low-wage occupations
within the service sectors of the economy. In fact the average annual wage in Palm Beach
County for all occupations is only $27,851. This has profound implications from a local policy
standpoint, because in order to effectively address the demand for resident worker housing, Palm
Beach County and its municipalities must first consider the relationship between housing supply
and demand and the dynamics of the local labor market.
The study determined that Palm Beach County and South Florida underwent an explosive three-
year housing boom between 2003-2005 that resulted in a severe housing supply and demand
imbalance. In the single-family housing market, the median house price-to-income ratio, a key
economic indicator in assessing local market trends and vitality, increased from 5:l to 7:l during
the three-year period, thereby outpacing other high priced metropolitan markets. Rapid
appreciation created an inflationary housing market that opened substantial affordability gaps in
many of Palm Beach County’s municipalities based on existing household incomes.
The housing market imbalance is also evident in Palm Beach County’s rental housing. The
average rent in Palm Beach County is currently $1,122 per month, which represents a 52%
increase from 2000. Rent levels in municipalities with large concentrations of rental housing and
workforce populations including West Palm Beach, Boynton Beach, Delray Beach, and Boca
Raton are above the Palm Beach County average rent price. Of particular importance to Palm
Beach County’s leading industries and occupations, the current average rent price exceeds the
affordability capacity of all households earning 80 percent or less of the area median income
(AMI).
Home price appreciation is expected to decrease to more modest single digit levels, with
estimates of 5-6 percent annually, though initial depreciation could continue through the first six
months of 2006 as the market adjusts to the inflationary pattern of the last three years. This will
most likely occur in the upper end of the housing market and in certain geographical sub-markets.
However, the increasing inventory of single-family homes currently on the market is an issue of
concern. In fact, Palm Beach County’s single-family home sales in April 2006 declined by 43
percent from April 2005, a negative trend that has continued since November 2005 and has
returned Palm Beach County to a mid-1990s sales activity level.
Palm Beach County’s affordable housing shortage is largely due to several key factors, including
inflationary housing values that far exceed the income of most County residents; the substantial
loss of multi-family rental housing through condominium conversions and the overall decline in
new housing construction. Other contributing factors include rising interest rates, increases in
construction costs and materials and the increasing costs associated with homeownership (taxes,
insurance, etc.).
The loss of the County’s affordable housing supply, through rapid inflation and condominium
conversions, is not recoverable. While housing values are expected to adjust to overall demand
in the housing market, projected economic growth and demand for second “resort” homes will
continue to drive the market for single-family homes and condominiums. Rent prices will also
remain high due to the current low inventory, vacancy rates and sharp decline in rental housing
production.
Further, the high home value to income ratio is not likely to lower despite a recent decrease in
median sale values and a projected return to modest appreciation levels. The current ratio of
greater than 7:l is extreme and creates affordability gaps that cannot be addressed without deep
Palm Beach County Housing Needs Assessment
Metropolitan Center
VI
subsidies and/or a heightened level of new affordable housing production. This market condition
should persist due to the continuation of an economic growth pattern in Palm Beach County that
is tourism- and population growth-based with new employment occurring largely in low-wage
service and retail occupations. So, while job growth has been significant in recent years and, in
fact, outpaced new housing starts, there is little correlation between resident worker demand and
current housing values.
Additionally, recent employment projections provided by the Florida Agency for Workforce
Innovation (AWI) show an increase of 11 1,797 new jobs in Palm Beach County by 2013. This
has significant housing demand implications, due to the direct correlation between the growth in
the workforce age (20-64) population and current/future housing demand and location. Currently,
the largest concentrations of the workforce age population are located in West Palm Beach
(55,527), Boca Raton (46,394), Delray Beach (36,749) and Boynton Beach (36,720). Projections
for 2025 indicate that the largest increases will occur in Wellington (20,241), West Palm Beach
(1 7,026). Royal Palm Beach (14,283), Boynton Beach (1 2,273) and Jupiter (1 2,032).
Palm Beach County’s housing demand will be spurred by continued economic growth and net
migration. Current and future demand creates the need for single-family and rental housing units
priced at levels consistent with the household incomes and occupational wages of the local labor
market, including various targeted workforce occupations. The ability of Palm Beach County and
its municipalities to provide for this demand will ultimately determine the County’s capacity for
housing its current and future workforce. The following “key findings” highlight the important
housing demand and supply factors that Palm Beach County will need to consider in order to
effectively address its resident worker housing needs.
Key Findings
b Palm Beach County’s median annual wage for all occupations is $27,851
t Service providing industries account for 87 percent of all jobs in Palm Beach County
b According to the Florida Agency for Workforce Innovation (AWI), the largest growth in
employment is expected to occur in Administrative Support & Waste Management,
Remediation Services and Health Care and Social Assistance. The majority of the
occupations associated with this employment earn less than $30,000 annually.
t Palm Beach County has a housing supply imbalance that has been exacerbated by a
continuing trend toward upscale single and multi-family development that is incompatible with
the housing demand of the majority of Palm Beach County’s working residents.
The substantial loss of Palm Beach County’s rental housing supply as a result of
condominium conversions coupled with the overall decline in rental housing production has
resulted in record-low vacancy rates and soaring rent prices throughout the County.
b
t
b
Only 17 percent of Palm Beach County’s households earn more than $100,000 annually.
The housing affordability gap based on the current median sale price ($392,900) of a single-
family home in Palm Beach County is $209,071.
t Approximately 90 percent of Palm Beach County’s households would be unable to purchase
a single-family home at the current median sale price.
Palm Beach County Housing Needs Assessment
Met 1’0 po I i t a 11 C e n tet
VI1
.
b Municipalities within Palm Beach County with high concentrations of the resident workforce
also have some of the largest affordability gaps, including Boca Raton, Delray Beach,
Boynton Beach, Greenacres, and Palm Beach Gardens.
1 Municipalities with high concentrations of Palm Beach County's resident workforce also show
some of the highest appreciation rates (2004-2005) for single-family homes, including West
Palm Beach (36%), Greenacres (31%), Lake Park (29%) and Delray Beach (28%).
b The affordable home purchase price is among the lowest in Palm Beach County's
municipalities with largest concentrations of the workforce, including West Palm
Beach,($134,146), Delray Beach ($161,622) and Boynton Beach ($147,772).
b Based on employment and occupations projections, Palm Beach County's future workforce
housing demand (50-120% of AMI) will total approximately 98,000 units between 2005-2025.
1 Future housing demand will consist of 28,906 units for households earning between 80-120%
of AMI and 69,060 units for household earning less than 80% of AMI.
b Future housing demand will be greatest in municipalities with currently high concentrations of
the resident workforce, including West Palm Beach (1 1,018 units), Boynton Beach (7,619
units), Royal Palm Beach (6,108 units) and Greenacres (5,727 units).
Pnlin Beach County Housing Needs Assessment
Met 1.0 po I i ta 11 C e n te t-
Palm Beach County Workforce Housing Needs Assessment
CREDITS ............................................................................................................................................. ii
EXECUTIVE SUMMARY ................................................................................................................... iv
Key Findings ................. ............................................................................. VI1
Defining Affordable Housing and Measuring Afforda bil i ty ...............................................
Housing Inventory by Type
Condition of Existing Housi ........................................................................... .... 8
Housing Occupancy .....................................
INTRODUCTION AND METHODOLOGY ......................................................................................... 1
1
I. HOUSING SUPPLY ANALYSIS ...................................................................................................... 5
........................................................................................ 5
....................................................... 1 1
Development Trends .................................... ....................................................... 14
Real Estate Market ................................................................................ ...................... 15
II. EXISTING HOUSING DEMAND ................................................................................................... 18
Labor Market and Economic Base ............................................................. 18
Household Composition and Hous ............................................................. 22
Affordability Gap and Cost Burden .......................................................................... 25
Ill. FUTURE HOUSING DEMAND .................................................................................................... 34
Industry and Employment Growth ........................................................................................... 34
Palm Beach County Employer Survey ............................... ..................................... 40
Future Housing Demand Projections .......................................................... . . _. , _. ___. 42
IV. HOUSING SUPPLY AND DEMAND ASSESSMENT ................................................................. 47
Housing Demand Assessment ................................................................................................ 47
.................... 50
.................................................................. 52
ditions on Future Employment and
Occupational Growth .......................................................... ..................................... 38
Current and Projected Housing Supply .........................................
Housing Affordability Gap Analysis
Economic growth ..................................................................................................... 53
Assessment of Housing Supply an
TABLE OF FIGURES
Figure 1: 2006 Inventory of Single-family and Multi-family Units: Top Ranking Jurisdictions ... 5
................ 7
Figure 3: Age of Housing Units in Palm Beach County ............................................................. 8
Figure 4: Age of Housing Units by Municipality ......................................................................... 9
Figure 5: Substandard Housing by Municipality: 2000 ............................................................ 10
Figure 6: Owner-Occupied Units by Jurisdiction ...................................... .......................... 12
Figure 7: Condo Conversions by Municipality: 2005-2006 ...................................................... 13
Figure 8: New Rental Apartments: Starts and Completions from 2000-3rd Quarter 2005 ...... 13
Figure 9: New Housing Units Authorized by Permit in Palm Beach County: 1994-Sept 200514
Figure IO: Median Selling Price for a Single-family Home in Largest Metropolitan Statistical
Areas (MSAs): Year End 2003 and 2005 ................................................................................ 15
Figure 11 : Median Sales Price by Jurisdiction: 2004-2005 .................................................... 16
Figure 12: Major Industry Employers Palm Beach County: ............................ 19
Figure 13: Nonagricultural Employment in Florida: West oca Raton, Boynton
Beach MD ............................................................................. .............................. 20
Figure 14: Top Occupational Employment: 2006 Wage Estimates ......................................... 21
Figure 2: 2006 Housing Inventory by Jurisdiction ....................................
Palm Beach County Housing Needs Assessment
Metropolitan Center
.
Figure 15: Tenure by Household Income as Percent of Area Median Income: 2005 Area
Median Income (AMI): 52,825* ................................................................................................ 22
Figure 16: Household Income as Percent of Area Median Income by Municipality ................ 24
populations of 5,000 or less), AMI=$52,825 ....................................................................
and populations of over 5000), AMI=$52,825 ......................................................................... 26
Figure 19: Affordability Gap for Single-family Homes by Municipality ..................................... 28
Figure 20: Affordability Gap for CondolTown House by Municipality .........................
Figure 22: Occupations by Area Median Income of $52,825: 2005 ........................................ 32
Home in Palm Beach County: 392,900 ...............................................
Figure 24: Palm Beach County Employment Growth 2000-2004 ........................................... 34
Figure 25: Select Top Producing Employers: 2005 ................................................................. 35
Figure 26: Palm Beach County Employment Growth by Industry: 2005-2013 ........................ 36
Figure 27: Industry Sub-sector Growth by Total New Employment ..............................
Figure 29: Occupations Gaining the Most Jobs in Palm Beach County 2005-2013 ............... 39
Figure 30: Fastest Growing Occupations 2005-201 3 ..................................
Figure 33: Housing Demand Below 80% of AMI ..............................................
Figure 35: Concentration of the Leading Occupations by Municipality ................................... 49
Figure 17: Enclaves (Municipalities with incomes higher than 120°/0 of the AMI and
Figure 18: General Municipalities: (Municipalities with incomes at or below 120% of
30
Figure 21: Affordability Gap for 2 Bedroom Rental Apartment by Municipality: 2006 ............. 31
Figure 23: Housing Affordability by Occupation Based on Median Price of a Single-family
........... 33
37
Figure 28: Types of Companies Expected to Grow in the State of Florida: 2005-2013 .......... 38
... 39
Figure 31: Projected Housing Demand 2005-2025 ................................................................. 42
Figure 32: Housing Demand 80-120% of AMI ......................................................................... 44
45
Figure 34: Regional Areas of Unincorporated Palm Beach County ........................................ 46
Appendices
Appendix A: WORKFORCE HOUSING NEEDS ASSESSMENT: MUNICIPAL PROFILES
Appendix B: PALM BEACH COUNTY EMPLOYER SURVEY REPORT
Palm Beach County Housing Nceds Assessment
Metropolitan Center
X
The housing market in Palm Beach County and Southeast Florida, like many metropolitan areas
throughout the nation, is facing serious challenges. In recent years, rapidly escalating increases
in housing values has threatened to make housing unaffordable for low and moderate-income
households, as well as the working middle class. At the local level, many in both the public and
private sectors have come to recognize the link between an adequate supply of affordable
housing and sustainable economic growth. To develop this understanding and to move forward
with real policies and solutions to address these housing issues, it is important for communities to
assess the critical relationship between local housing supply and demand.
The growing housing affordability crisis has serious consequences:
1 First, we are putting Palm Beach County’s economy at risk. High housing costs
make it difficult to fill jobs and discourages businesses from locating to or expanding in
the area. Meanwhile, many young college graduates from our state college and
university system are forced to pursue jobs in other areas of the country that have a
lower cost of living. Based on this study’s findings, this dynamic is already occurring.
b Second, we are threatening the social fabric of our communities and
neighborhoods. Due to escalating housing costs, people cannot afford to maintain
their existing community ties or live close to their jobs or extended families. Many of us
could not even afford to buy our own homes at today prices.
Palm Beach County and its 37 municipalities are each challenged to respond to this affordable
housing crisis by recognizing the critical role they play in housing policy and strategy formulation.
This point is echoed in the recent “The State of the Nation’s Housing 2006” report produced by
the Joint Center for Housing Studies at Harvard University. The report states the following:
“In today’s environment, perhaps the biggest housing challenge of all is to create the
political will to make a more concerted assault on the nation’s affordability problems. The
fact that local business communities are beginning to make workforce housing a priority
is a positive sign that this commitment may be developing. In addition, as the impacts of
high housing costs and metropolitan sprawl increasingly affect the day-to-day lives of
middle- and upper-income households, the voices calling for housing policy reform may
become louder.”
The report goes on to state that “making significant headway will be difficult without the
combined efforts of all levels of government to expand housing subsidies, create incentives for
the private sector to build affordable housing, institute land use policies that reduce the barriers
to development and educate the public about the importance of affordable housing.” Given the
extreme housing market conditions that currently exists in Palm Beach County and Southeast
Florida with respect to the mismatch between housing values and household incomes there is a
need for bold solutions that will require the formation of working private-public partnerships and
new levels of inter-governmental cooperation.
Defining Affordable Housing and Measuring Affordability
Housing affordability is generally defined as the capacity of households to consume housing
services and, specifically, the relationship between household incomes and prevailing housing
prices and rents The standard most used by various units of government IS that households
Palm Beach County Housing Needs Assessment
Metropolitan Center
1
should spend no more than 30 percent of their income on housing. This is also the standard
definition for housing programs administered by the Department of Housing and Urban
Development (HUD) and most state programs, including various housing programs administered
through the State of Florida’s Housing Finance Corporation (FHFC) and Department of
Community Affairs (DCA). However, this definition of housing affordability has its limitations
because of the inability to determine whether households spend more than 30 percent of their
income on housing by necessity or choice. Specifically, the definition does not consider that
upper income and smaller households can afford to spend much more than 30 percent of their
incomes on housing and still have enough income left over to satisfy other basic needs, whereas
low income households that pay even 10 percent of their incomes on housing costs may be
forced to forgo essential medical care and healthy food (The Brookings Institution, 2002).
Aff orda b i I it y I n d ices
One measure of housing affordability is the cost of homeownership, commonly conveyed through
housing affordability indices. These indices generally indicate that affordability increased
substantially toward the end of the last decade, primarily as a result of lower interest rates during
that period. A housing affordability index for an area brings together the price and the income
elements that contribute to housing affordability. The following describes the most recognized
affordability indices:
b National Association of Realtors (NAR) Index: The most common index is that
produced by the National Association of Realtors (NAR). The NAR index measures the
ability of the median income household in an area to afford a median priced house. In
addition to the median income and median house price in an area, the NAR index
considers current mortgage interest rates, assumptions about the down payment
required to purchase the median price home, and the maximum percentage of
household income that can be spent on housing. An index of 100 indicates the typical
(median) family in the area has sufficient income to purchase a single-family home
selling at the median price (Shimberg Center for Affordable Housing, 2004)
b Housing Opportunity Index: The National Association of Home Builders (NAHB) has
developed a Housing Opportunity Index, which is defined as the share of homes
affordable for median household incomes for each metropolitan statistical area (MSA).
The NAHB Index has certain intuitive limitations, however, as housing affordability
scores are generally more favorable in metropolitan areas that are also rated as “least
desirable places to live” according to Places Rated Almanac (Brookings Institution,
The “median house price-income ratio” used by the National Association of Realtors and other
housing analysts is a key economic indicator in assessing local market trends and vitality.
Nationally, the median house price-to-income ratio has more than tripled in the past five years in
many high priced metropolitan markets such as New York City, Boston, Los Angeles and South
Florida.
2002).
While housing affordability indices are useful tools, they typically examine affordability from only
an ownership perspective. For households of lower income in a rapidly appreciating housing
market, rent price increases have far exceeded growth in incomes, thus worsening the housing
affordability problem.
Palm Beach County Housing Needs Assessment
Metropolitan Center.
2
.
Link between Economic Growth and Housing Need
Palm Beach County’s housing affordability problem has widespread economic impacts, including
a growing recognition of the important link between an adequate affordable housing supply and
economic growth. Many of Florida’s business sectors, including professional services, retail
trade, and health care, are finding it increasingly difficult to attract and maintain workers for entry
and mid-management positions. There is increasing evidence that working families have begun
to move to locations which have more affordable housing, both in and outside the State of
Florida.
Methodology and Scope of Study
The Palm Beach County Housing Needs Assessment was prepared by The Metropolitan Center
at Florida International University (Flu) on behalf of the Housing Leadership Council of Palm
Beach County, Inc. (HLCIPBC). The purpose of the Housing Needs Assessment is to provide a
quantitative study that serves as a baseline for understanding and measuring Palm Beach
County’s housing supply and demand relationship and its impact on the economic sustainability
of the county and its municipalities.
In establishing their organization, the HLClPBC set forth a vision of “attainable housing for all
members of the Palm Beach County workforce” and a mission to “’increase the availability of
housing throughout Palm Beach County for the workforce at all income levels.”
The HLCiPBC has three primary goals:
b To conduct research on the state of workforce housing in Palm Beach County through
credible, independent experts;
b To identify strategies and funding options that can be implemented by utilizing a
combination of government, industry and private cooperation and partnerships; and
b To promote, support and implement, through education and advocacy, plans that help
provide an attainable workforce for every city and the unincorporated areas of Palm Beach
County.
To this end, the Flu Metropolitan Center’s approach was to:
1
b
1
Prepare a comprehensive housing database and analysis designed to assist Palm Beach
County in determining future housing policies and strategies;
Combine economic and housing market analyses, utilizing the most current and reliable
primary and secondary data sources; and
Provide a clear and workable database that can be updated regularly.
The methodology used by the Flu Metropolitan Center in the research and preparation of the
Palm Beach County Housing Needs Assessment is to link current and future housing demand
and supply factors and conditions with existing and future population and employment
characteristics and projections. The housing demand and supply assessment examines the
existing and future housing needs of Palm Beach County’s resident worker population and
provides several layers of affordability gap analysis based on prevailing wages, household
incomes, and housing values. The study attempts to clearly illustrate the important relationship
between housing supply and demand, and the economic significance of creating and maintaining
an adequate supply of affordable homeowner and renter housing.
Palm Beach County Housing Needs Assessment
Metropolitan Center
3
A
Specifically, the study includes the following elements:
b Housing Supply Analysis: This section provides estimates of the current housing
inventorylsupply in Palm Beach County based on housing type, tenure, values and
geographic sub-area.
Housing Demand Analysis: This section examines current and projected workforce
demand based on a labor market and economic base analysis, as well as population
and household trends.
Housing Demand and Supply Assessment: This section assesses the relationship
between current and projected housing supply and demand and determines the level of
impact on housing affordability and economic sustainability.
b
b
Palm Beach County Housing Needs Assessment
NIctropolitan Center
4
The Housing Supply Analysis provides an assessment of the existing inventory of housing in
Palm Beach County and its municipalities, including the condition of the housing stock, vacancy
and absorption rates, housing values and development trends. For the purposes of this study,
housing inventory is defined as the total number of housing units in the County, including
occupied and unoccupied units. Housing supply, on the on the other hand, refers to the amount
of units available for sale or rent at any given time.
Housing Inventory by Type
Inventory of Single-Family and Multi-Family Units
Since 2000, the housing inventory in Palm Beach County has increased by 13 percent, growing
from 535,791 units to approximately 603,077 in 2006. Unincorporated Palm Beach County and
West Palm Beach account for the majority of the housing inventory in Palm Beach County. These
areas, along with Wellington, also reported the highest levels of growth since 2000. Multi-family
housing (31 3,675 units) represents the majority of the county's housing inventory with the largest
concentration (1 29.1 34 units) found in Unincorporated Palm Beach County.
Figure 1: 2006 Inventory of Single-family and Multi-family Units: Top Ranking Jurisdictions
Dons no1 iiicludc mobile homes, boats and othei lioustng structuies
Palm Beach County Housing Needs Assessment
Mctropolitari Center
5
.
As shown in Figure 2, the distribution of single-family and multi-family homes varies considerably
among the municipalities in Palm Beach County. However, many of the highest concentrations
(greater than 50 percent) of multi-family housing are located in the larger eastern municipalities,
including Delray Beach, West Palm Beach, Boynton Beach and Boca Raton.
Palni 3each County Housing Needs Assessment
Mctropolitan Center
6
Figure 2: 2006 Housing Inventory by Jurisdiction
Housing Inventory by Jurisdiction
0 Single Family 6 MultiFamily
Jupiter Inlet Colony 1 I
Golf Village I
Haverhill [
CloudLake I
Atlantis 1
I I
I
Glen Ridge 8
Lake Clarke Shores
I Wellington
Manalapan
, Royal Palm Beach
Gulf Stream
I Pahokee
Lantana
I South Bay
Palin Beach Gardens
Lake Worth
Palm Beach-Unincorporated
Tequesta Village
Jupiter
Boca Raton
Belle Glade
Riviera Beach
Boynton Beach
West Palm Beach
Mangonia Park
Briny Breezes
Lake Park
Ocean Ridge
Delray Beach
North Palm Beach
Greenacres City
Palin Beach Shores
Palm Beach
Palm Springs
Juno Beach
Highland Beach
ylpoluxo
South Palm Beach
Palm Beach County
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Percent of Inventory
Source Real Qtiesl 2006 and 2000 Census
L)I,CS no1 ifi~li~~l~? ni?hilr homcs boats and otlior
Palm Beach County Housing Needs Assessment
Metropolitan Center
Condition of Existing Housing
Age of Housing
The age of a jurisdiction’s housing is an important indicator in determining the overall condition of
the housing stock. The assumption is that older housing units tend to require more repairs and
upgrades than newer housing. Despite the level of growth and development over the past ten
years, approximately 41 percent of Palm Beach County’s housing units are now over 25 years old
(Figure 3 below).
Figure 3: Age of Housing Units in Palm Beach County
Age of Housing Units in Palm Beach County
Before1960s 2000-2005
10% 9%
1990s
20%
1980s
29%
~
Source f.ledl Quest, 2006 and 2000 U S Census
The distribution of older housing is significantly greater in municipalities than the County as a
whole (See Figure 4). Many of the highest concentrations of the County’s older housing stock are
located in eastern Palm Beach County municipalities, such as Lake Worth, Lantana, and Lake
Park, and the Glades communities of Belle Glade, South Bay and Pahokee.
Palm Beach County Housing Needs Assessment
Metropolitan Center
e
Figure 4: Age of Housing Units by Municipality
Age of Housing by Municipality
2000-05 1990s 1980s Before 1980s
Hypoliixo I 1 I
Wellington [ I I
Royal Palm Reach 1 I I
Jupiter 1 I I
Greenacres City 1 I I
Palin Beach Gardens
Palm Beach-Unincorporated
Juno Beach
Highlaird Beach
tioyiiton Beach
West Palm Beach
Delray Beach
Tequesta Village
Haverhill
Boca Raton
Golf V illage
Riviera Beach
Atlaiitis
Palrii Springs
2 Manalapdii
Q PahokPe
Ocedn Ridqe
South Bay
Gulf Stream
Lake Clarke Shores
Belle Glade
Jupiter Inlet Colony
m
North Palin Beach
Lake Park
Palm Beach
Lantana
Sotitli Palm Beach
Maiigonia Park
Briny Breezes
Palin Beach Shores
Lake Worth
Glen Ridge
Cloud Lake
Palm Reach Countv -_ - - __ - _-
0% 20% 4 0 Yo GO% 80'h 1 OO'/
Percent of Units
1 20Y"
bouicc Real C)iiest 2006 and 2000 U S Censtrs
Palm Beach County Housing Needs Assessment
Mctropolitan Center
9
Housing Problems and Substandard Housing
According to the U.S. Census, Palm Beach County had 30,360 substandard units in 2000.
Substandard units are defined as existing housing with any of the following problems: lack of
complete plumbing, lack of kitchen facilities, andlor overcrowding. Figure 5 reveals that the
highest concentration of substandard housing is found in Unincorporated Palm Beach County
(1 1,300 units). The largest concentrations of municipal substandard housing are found in the
older eastern cities, including West Palm Beach (3,774 units) and Lake Worth (2.399).
Figure 5: Substandard Housing by Municipality: 2000
2 OlJi! I
Source 2000 U S Census
Palm Beach County Housing Needs Assessment
Metronolitan Center
10
Housing Occupancy
Owner-occupied Units
According to the U.S. Census, approximately 400,047 units or 74.7 percent of Palm Beach
County’s occupied housing units are owner-occupied. The high level of homeownership is even
more pronounced among municipalities, with half the cities demonstrating ownership rates higher
than 70 percent (See Figure 6). The high levels of homeownership can be attributed to several
factors, including the increase in single and condominium construction in the past ten years, low
interest rates, a greater variety of mortgage options and government programs encouraging
homeownership. Owner-occupancy levels are highest in the smaller “enclave” communities such
as Atlantis, Manalapan and Golf Village. Contrastingly, owner-occupancy levels are the lowest in
established eastern municipalities such as Lake Park, Lake Worth and Riviera Beach and the
Glades communities of South Bay, Belle Glade and Pahokee.
Renter-occupied Units
Renters occupy approximately 135,771 units or 25.3 percent of the occupied housing units in
Palm Beach County. However, there has been a notable loss of rental units in last few years as a
result of condominium conversions. The vast majority of rental units (107,974 units) are located
in Unincorporated Palm Beach County. The highest municipal concentrations are found in West
Palm Beach (12,075 units), Delray Beach (7,002 units) Lake Worth (6,415 units) and Boca Raton
(5,482 units).
Condominium Conversions
From 2005 to 2006, Palm Beach County lost 13,385 units or 10 percent of its rental inventory to
condominium conversions. Such transactions call for multi-family rental properties to be
renovated. converted to condominiums, and resold for a profit. The dramatic increase in condo
conversions in recent years has been fueled by the large cash returns to both investors and rental
property owners.’ As shown in Figure 7, the municipalities that experienced the highest losses
were West Palm Beach (4,514 units), Boca Raton (2,295 units) and Boynton Beach (2,201 units).
The result has been the reduction of affordable rental housing options and increased market
pressure on the remaining rental inventory. In recent months, however, some condo conversion
projects have reverted to rental housing due to a slowing of sales in the condominium sales
market.
Vacancy Rates
The vacancy rate for apartments in Palm Beach County is at an all time low. From 2003 to
November 2005, the County’s vacancy rate has declined from approximately 6 percent to 2.4
percent. The high level of condominium conversions in the past two years has been a major
factor contributing to the current record low vacancy rates.
Absorption of Rental Units
Another major factor that has contributed to record low apartment vacancy rates in Palm Beach
County has been the overall decline in rental housing construction (see Figure 8). Despite an
annual demand of approximately 5,656 units in Palm Beach County, there were only 1,332
apartment units completed and a mere 450 units initiated as of the third quarter of 2005. As a
result of the low supply in rental units, the County has less than a I-month supply of new rental
apartment units on the market at any given time. The average number of units absorbed per
month in 2005 was 182 units.
~
Jow Gose Condo Conversion Craze National Real Estate Investor June 1 2004
Palrn Beach County Housing Needs Assessment
Mcti opolitan Center
11
Figure 6: Owner-Occupied Units by Jurisdiction
Occupied Housing Units by Jurisdiction
m Ow iier 0 Renter
Atlantis
Manalapaii
Golf Village
Briny Breezes
Jupiter Inlet Colony
Lake Clarke Shores
Gulf Stream
Royal Palin Beach
Ocean Ridge
Highland Beach
Teqiiesta Village
Palm Beach
Socitli Palm Beach
Wellincjton
Glen Ridge
Jupiter
Haver h ill
North Palm Beach
Boca Raton
Boynton Beach
Juno Beach
Greenacres City
Oelray Beach
Palm Beach Shores
La nt a iia
Paliii Springs
Cloud Lake
Hy poluxo
Pa ho kee
South Bay
Riviera Beach
Lake Worth
West Palm Beach
Maiiyonia Park
Lake Park
Belle Glade
Palm Beach County
~-
0 20% 4 0 O/o 60% 80% 100%
Jurisdiction
Soul-ce 2000 ?1 S Census and RealQuest. 2006
Palm Beach County Housing Needs Assessment
MctroDolitan Center
12
Figure 7: Condo Conversions by Municipality: 2005-2006
Condo Conversions in Palm Beach County: 2005-2006
West elm Beach 4 514
Palm Beach Gardens
S I 0
2 Royal Palm Beach
ln
L
-0 2
-J
I
- ___ -. __ _-i_- -- _- - --_- - - - -
500 1 000 1,500 2 000 2,500 3,000 3,500 4,000 4,500 5,000
Units
;wtircP Audrlnicnt Realtor Advisor arid 2000 U S Censtis
Figure 8: New Rental Apartments: Starts and Completions from 2000-3rd Quarter 2005
4000
3500
3000
2500 .’? - 2000
J
1500
1000
500
0
--t- Starts --=-- Completions
~-
\
‘t L
2000 2001 2002 2003 2004 2005 3Qtr
Year
Sow CC~ Palin Reach Counlv Oudrterly Housing Report Fourth Quarter 7005 Reinhold P Wolff Research Inc
Palni Beach County Housing Needs Assessment
Metropolitan Center
13
.
Development Trends
Housing Permits
Although Palm Beach County’s housing inventory has grown steadily since 1997, the number of
authorized building permits has declined in recent years. Palm Beach County’s housing
supplylinventory has increased by 67,286 units or 13 percent between 2000-2006. During this
period the County has averaged over 12,200 new housing units per year. The largest increases
occurred in Unincorporated Palm Beach County (28,481 units), West Palm Beach (7,403 units),
Wellington (4,968 units), Jupiter (4,458 units), Palm Beach Gardens (4,088 units) and Royal Palm
Beach (4,063 units). The highest growth rates occurred in Royal Palm Beach (50 percent growth)
and Wellington (34 percent growth).
Palm Beach County’s new housing construction (2000-2006) is comprised of 43,895 single-family
and 16,723 multi-family units. Unincorporated Palm Beach County absorbed 55 percent (24,018
units) of the new single-family homes. Municipalities with the largest increases include
Wellington (3,768 units), West Palm Beach (3,576 units), Royal Palm Beach (3.130 units), Palm
Beach Gardens (2,483 units) and Jupiter (2,024 units). The largest increases in new multi-family
units occurred in West Palm Beach (3,058 units), Unincorporated Palm Beach County (2,531
units), Jupiter (2,062 units), Boynton Beach (1,376 units) and Delray Beach (1,323 units).
While there has been a 13 percent growth in the Palm Beach County’s housing supply since
2000, there has been a steady decline in both single-family and multi-family housing starts in the
past two years. Single-family housing starts peaked in 2003 (10,788 starts) but declined by 4
percent in 2005 with an additional 8.5 percent (8,900 starts) decline projected for 2006. Likewise,
multi-family housing starts declined 4.7 percent from a peak of 4,578 units in 2004 to 4,364 units
in 2005. A further 9.9 percent (3,930 starts) is projected for 2006. From the third quarter of 2004
to the third quarter of 2005, single-family permit activity decreased by 6 percent. Multi-family
permits experienced an even deeper 16 percent decline during this period.
Figure 9: New Housing Units Authorized by Permit in Palm Beach County: 1994-Sept 2005
12 000
10,000
8 000
II .- 6000
3
4 000
2 000
0
New Housing Units Authorized by Permlt in Palm Beach County. 1994-Sept 2005
-+ Slngle Family Multi-Family
I a
”~
ff e m c xi 3 504
c 2 a34 E m
.I
-~ -~ ~-
1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
thru
Sept
Year
So~ircc Palm Beach Coiiniy Quarterly Housing Report Fourth Quarter 2005 Reinhold P Wollf Research. Inc
Paltn Beach County Housing Needs Assessment
Mctrouolitan Centet
14
Real Estate Market
Owner Market
In the last three years, the growth in real estate values has been unprecedented at the national,
state and local levels. The rapid increase in single-family home prices has been especially strong
in the South Florida market. In fact, South Florida accounted for some of the highest appreciation
rates in the nation and the State.'
Figure IO: Median Selling Price for a Single-family Home in Largest Metropolitan Statistical
Areas (MSAs): Year End 2003 and 2005
2003 0 2005
S450.000
S400.000
$350.000
S300,OOO
$250,000
s200.000
S150.000
s100.000
$50,000
5-
West Palm Fort Lauderdale Miami (57% Orlando (60% Tampa (40% Jacksonville
Beach (62% (58% Change) Change) Change) Change) (35% Change)
Change)
Soiiri:e- Fiorltlri Association of Realtors 2006
Single-Family
The median sales price for a single-family home in Palm Beach County increased from $315,000
in 2004 to $390,100 in 2005, an appreciation of 24 percent in one year. Individual municipalities
show similar rates of appreciation ranging from 21 to 36 percent during this period. Current
housing values for single-family homes are the result of a substantial market appreciation period
that began with a 10 percent increase from 2001-2002, then rapidly escalated to 62 percent
increase for single-family between 2003-2005. Double digit increases in median sale values are
evident throughout Palm Beach County. The highest appreciation rates for single-family homes
occurred in West Palm Beach (36%, $329,950 median value), Royal Palm Beach (33%. $365,000
median value) and Greenacres (31 Yo, $390,000 median value).
CondominiumslTownhouses
Condominiumltownhouses have also experienced a considerable appreciation in real estate
values The median sales price for a condominiumltownhouse in Palm Beach County increased
Florida Associalion of Realtors' Sales Report for the Quarter ending December 2005
Palm Beach County Housing Needs Assessment
Mctropolitati Centet
15
from $165,000 in 2004 to $215,000 in 2005, an increase of 30 percent.
variations, most municipalities experienced an appreciation rate between 25 to 45 percent.
Except for a few
Appreciation rates for condominiums between 2003-2005 soared in many municipalities,
including Jupiter (71 percent6334,OOO median value), Greenacres (43%, $21 5,000 median
value) and Lake Worth (34%, $142,500 median value) During the third quarter of 2005, 38 9
percent (671 units) of all condominium sales were in the $175,000-$249,999 price range followed
by 25 5 percent (441 units) of sales in the $250,000-$349,999 price range During this quarter,
the highest median sales prices for condominiurns occurred in East Boca Raton ($304,000) and
West Palm Beach ($300,000)
Figure 11: Median Sales Price by Jurisdiction: 2004-2005
--- No sale:: reported for the war
Municipalitips for uhich sales data was not available were not included on the list
SoLllct ML h
Palin Beach County Housing Needs Assessment
Mcti opolitan Centet-
Ib
Market Trends
Nationwide and in South Florida, there is evidence that the rapid appreciation in both single-
family homes and condominiums of the last few years has contributed to an oversupply of
properties for sale, creating significant slowdowns in the market. Factors contributing to the
slowdown in the housing market include inflationary housing values, rising interest rates,
increases in construction costs, and building materials and the increasing costs associated with
homeownership (taxes, insurance, etc.). These factors are indicative of an over priced housing
markets.
Although there are signs that the housing market is slowing down, housing values are still
escalating. As of March 2006, the median price of a single-family home in Palm Beach County
was $392,900, an increase of approximately 1 percent from March 2005. The median sales price
of condominiumltownhouses escalated from $215,000 to $220,200 during the same period. It is
premature to determine what impact the slowdown in the market will have on the housing market.
Sales trends in various housing sub-markets will need to be monitored closely over the next 1-2
years.
Rental Market
In addition to the surge in home sale prices, rental prices have also experienced a dramatic
increase throughout South Florida. In 2000, the median rent for a two-bedroom apartment in
Palm Beach County was $700. In 2005, the rent for a two-bedroom unit was approximately
$1,122, an increase of 52 percent. At the municipal level, rent prices are significantly higher.
Residential leases range from $1,375 in Palm Springs to $3,225 in the Town of Palm Beach.
An analysis of new market rate rental activity in Palm Beach County in 2005 indicates that most
rental housing development is upscale with rents ranging upwards of $1,000-S2,000 a month.
Likewise, planned market rate rental development in 2005 was also directed toward the upscale
rental market. Tax credit apartment developments, which target households earning between 30-
60% of the area median income (AMI), currently average $774.00/month. The highest average
rents in Palm Beach County are East Boca Raton ($1,609) and Delray Beach ($1,375). Rising
rent prices are attributed to the low inventory of market rate multi-family rental housing and record
low vacancy rates. This condition has been exacerbated by condominium conversions within the
past year and the general decline in rental housing production over the last several decades.
Palm Beach County Housing Needs Assessment
Mctropolitan Center
17
Housing demand refers to the amount and type of residential property desired for purchase or
rent in a given market at a given time. The elements that affect housing demand include growth
and change in the labor market and industrial base, housing values, household income and
population and household composition. Each of these key elements will be discussed in this
section. The economic analysis begins with a discussion of Palm Beach County’s existing labor
market and economic base, including its major industries, occupational employment, and wage
rates. Subsequent analysis is given to projected industry and employment growth, including the
fastest growing occupations in Palm Beach County.
Labor Market and Economic Base
Local housing and labor markets are inextricably linked to one another Essentially, industries
are served by local housing markets that provide choices and opportunities for both existing and
expanding labor markets As such, the availability of an existing supply of various housing types
and price levels must be maintained to address the housing demand of the variety of occupations
that comprise the local industrial base
The need to protect and preserve an adequate inventory of workforce-accessible housing is a
growing economic development challenge in Palm Beach County and all of South Florida.
Rapidly appreciating housing values have diminished the supply of affordable owner and renter
units, thus creating a severe mismatch with the housing demand of the local workforce. The
economic imbalance is exacerbated by the lack of production of workforce-priced owner and
renter housing units. In addition, wholesale speculation in the investment market during
2004-2005 directly contributed to the rapid conversion of multi-family rental housing into
condominiums resulting in a substantial loss of the existing rental housing inventory.
In order to effectively develop local policies and strategies that address the demand for workforce
housing, Palm Beach County and its municipalities must first consider their larger economic
development vision and goals and the relationship between housing supply and demand and the
dynamics of the local labor market. Local labor markets are fairly structured and have a certain
level of geographic arrangement that relates to housing supply and demand. Housing choice and
affordability are key indices in determining the relative strength of this important supply and
derna nd re la ti ons h i p.
Local labor markets are comprised of two major employment areas, primary and secondary, and
several tertiary areas that include the job training and welfare segments of the labor market. For
the purpose of this analysis, focus is given to the two major employment areas of Palm Beach
County’s labor market. At the core of the labor market are the primary jobs, those that consist of
career professional and technical positions with livable wages and benefits. This level of
employment is often associated with “knowledge-intensive’’ industries that offer significant
opportunities for career mobility. Primary employment is generally found in Central Business
Districts (CBDs) and office parks located within larger metropolitan areas including suburban
locations. Surrounding the core primary jobs is the secondary labor market that consists of
generally low-wage and unstable employment in the nondurable goods sector. including the
consumer service areas of the local economy. Secondary employment is generally scattered
throughout a city and the larger metropolitan area.
Palm Beach County Housing Needs Assessment
Metropolitan Center
18
The economic base of Palm Beach County and South Florida is largely supported by the non-
durable service providing industries. These industries currently comprise 87% of Palm Beach
County’s employment base. While the majority of these jobs are directly related to South Florida
tourism, recent economic growth in Palm Beach and South Florida has been fueled by
unprecedented population growth. Growth in Retail Trade, Health Care and Social Assistance,
Administrative Support and Waste Management and Construction industries are all directly
attributed to the region’s continued population growth. Together, these industries comprise the
economic base of Palm Beach County and all of South Florida.
The most recent 2004 County Business Patterns (Figure 12) clearly shows that Palm Beach
County’s major industry employers are found in the service providing sectors of the economy,
including Retail Trade (72,924), Health Care and Social Assistance (63,556), Accommodation
and Food Services (52,317); and Administrative Support & Waste Management, Remediation
Services (40,989), followed by Professional, Scientific & Technical Services (36,530) and
Construction (35,752). In total, these industries alone comprise 302,068 jobs or 64% of Palm
Beach County’s employment base.
Figure 12: Major Industry Employers Palm Beach County: 2000-2004
SoLlrce Coutily Business PatLel-tis. 2000-2003
The most recent employment data for Palm Beach County released by the Florida Agency for
Workforce Innovation (AWI) shows the most significant growth continuing within the same major
industries (see Figure 13). A closer look at industry sub-sectors shows that for the 2005-2006
reporting period, employment growth was strongest in Employment Services (9.5 percent),
General Merchandise (7.8 percent), Ambulatory Health Care Services (6.8 percent) and
Administrative and Waste Management Services (6.5 percent).
Palm Beach County Housing Needs Assessment
Mctropolitan Center
19
Figure 13: Nonagricultural Employment in Florida: West Palm Beach, Boca Raton, Boynton
Beach MD
-._ . .- . . __
ta I N 0 nag r I c u I t u ra I t m p I oy me ___ riva
npl*
I Manufacturina I
Source Florida Agency foi Worklorce Innovation Employmerii by Industry. 2006
The Florida Agency for Workforce Innovation's (AWI) most recent Quarterly Census of
Employment & Wages (QCEW-ES-202, 3rd Quarter, 2005) for Palm Beach County provides
annual salaries and wages for all industries. According to the employment and wage census,
average annual wages in Palm Beach County ranged from a low of $18,212 (51,097 jobs) in
Accommodation and Food Services to $58,932 (34,446 jobs) in Professional, Scientific &
Technical Services. However, the bulk of employment was found in Retail Trade (69,039 jobs/
$27,704 annual wage) followed by Health Care and Social Assistance (67,887 jobs/$42,876
annual wage) and Administrative Support & Waste Management & Remediation Services (59,632
Palm Beach County Housing Needs Assessment
Mctroilolitan Centei
20
jobs/S29,976 annual wage). Employment in Local Government in Palm Beach County accounted
for 46,796 jobs, with an average annual wage of $40.812.
However, a closer look at “occupational” employment and wages for Palm Beach County by
‘occupation category” and “hourly wage” provides a more telling picture of the local workforce.
The 2004 Labor Market Statistics report produced by the Florida AWI indicates the specific
“occupations” found within the broader industrial classifications shown above. The Labor Market
Statistics report provides total employment figures and 2005 hourly wage estimates for all
occupations, including mean, median, entry- and experienced- level wage rates.
Figure 14 indicates that Palm Beach County’s largest occupational employment is found in retail
and services. These occupations generally have low entry and median hourly wage rates. In
fact, many of the occupations that comprise Palm Beach County’s major employment base -
retail sales persons (22,570 jobs/$10.55 median hourly wage), office clerks (13.51 0 jobs/$10.59
median hourly wage), cashiers (1 3,430 jobs/$8.17 median hourly wage), waiters and waitresses
(1 3,070 jobs/$6.85 median hourly wage) - are also represent the bottom of the occupation wage
scale.
Figure 14: Top Occupational Employment: 2006 Wage Estimates
K&iI Sdicspersons 22 570 SI0 55 1 $2 1,944
Office Clerks, General 13,510 $10 59 $22,027
Cashiers 13,430 $8 17 $16,993
Waiters and Waitresses 13,070 $6 85 $14,258
Landscaping and Grounds keeping
Workers 11,150 $8 79 $18,283
Registered Nurses 11,120 $2799 ~ 558,219
Janitors and Cleaners, Except Maids
and Housekeeping Cleaners 9,970 $8 48 $17,638
Laborers and Freight, Stock, and
Material Movers, Hand 9,400 $834 1 $17.347
Customer Service Representatives 9,050 $13 58 $28,246
Bookkeeping, Accounting, and
Auditing Clerks 8,890 $15 07 $31,346
I
I
-
iourw Floi ida Aqmcv for Workforce Innovation Occupational Fmplo)mcnt and Wages 2006
The above occupational employment and wage statistics indicate that Palm Beach County’s labor
market structure is largely skewed toward the secondary labor market (low wage retail and
service sector occupations). As previously noted, these low-wage occupations offer little in terms
of benefits, job security and career mobility. However, these occupations represent the industries
that comprise Palm Beach County’s economic base and, as such, must have access to an
adequate supply of housing types at affordable price levels.
Palin Beach County Housing Needs Assessment
Metro pol ita ii Center
21
.
Household Composition and Household Income
Very Low to Moderate Income Households
Generally, very low-, low- and moderate-income households are categorized based on the area
median income (AMI). The area for the purposes of this study is Palm Beach County. The
following describes the income limits for each category:
Low-Income: Below 50% of the median for the area
Moderate-Income: Between 51-80°/0 of the median for the area
Middle-Income: Between 81-120% of the median for the area
. .
Figure 15 identifies the number of low- and moderate- income households in Palm Beach County
As indicated, in 2005 approximately 39 percent of households in the County were found to be
within the low- to moderate-income categories
When analyzed by tenure, the data reveals that 56 percent of rente; households in Palm Beach
County are low-to-moderate-income (less than 80 percent of AMI) compared to 33 percent of
owner households
Figure 15: Tenure by Household Income as Percent of Area Median income:
2005 Area Median Income (AMI): 52,825*
Source 2000 U 5 Census
Adjiisted for iniialioti and tioiising yrowth
Palin Beach County Housing Needs Assessment
Met rop 01 ita n Center
22
The concentrations of low- and moderate-income households become more visible when viewed
at the municipal level. As shown in Figure 16, the highest concentrations of poorer households
are found in the Glades communities of South Bay (66 percent low and moderate), Belle Glade
(64 percent low and moderate), Pahokee (61 percent low and moderate), and many of the older
eastern cities, including Riviera Beach (54 percent low and moderate), Lake Worth (49 percent
low and moderate) and West Palm Beach (48 percent low and moderate).
Palm Beach County Housing Needs Assessment
Metropolitan Center
23
Figure 16: Household Income as Percent of Area Median Income by Municipality
Household Income as Percent of Area Median Income of $52,825
Palrii Beach Coutity Housing Needs Assessment
Mctropolitan Center
24
Affordability Gap and Cost Burden
Given the disparity between incomes and housing prices discussed above, it is important that a
“Housing Affordability Gap Analysis” be performed to determine the extent of workforce housing
demand. For the purpose of this study, workforce is defined as households that earn 120
percent of the AMI or less, as these are the households most likely to be cost burdened by the
existing housing prices. It is important to note, however, that cost burden is also evident at the
120-150 percent AMI range though, as shown, very few occupations fall within this income.
The following section provides a Housing Affordability Gap Analysis. The analysis IS also
performed by target workforce occupations. Housing affordability is defined as housing costs
that do not exceed 30 percent of monthly gross income. The computation for the housing
affordability was performed using the median sales price for a single-family home and a
condominium/town home in relation to the median household income or annual occupational
wage. Favorable financing terms are applied (Fixed 30-year mortgage at 6.2 percent interest with
a 5 percent down-payment) with taxes and insurance included. Debt ratios are not factored into
the housing affordability calculations.
It is important to note that municipalities with a median income over 150 percent of the AMI and
with populations of less than 5,000 people were not ,included in the affordability gap analysis.
These municipalities are largely comprised of small wealthy “enclaves” with a small number of
home sales. Figure 17 and Figure 18 list separately the enclave communities and “general
municipalities” with pertinent information regarding housing inventory, household income,
population and residential sales values.
Palni Reach County Housing Needs Assessment
Ivl c t ro u o I i ta 11 C e n te t
25
(c 0 0 N
c 0 - c
0
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r m -
26
c
27
Affordability Gap by Owner Households
Housing affordability calculations reveal a substantial "affordability gap" for single-family homes in
Palm Beach County with affordability gaps ranging from $18,000 to $447,430. The current
($392.900) median sale price for a single-family home in Palm Beach County creates a $209,471
affordability gap based on the $52,825 area median income (AMI). Significantly, affordability
gaps are particularly acute in many of the larger municipalities that house the county's workforce,
most notably, West Palm Beach, Palm Beach Gardens, Riviera Beach, Greenacres and Boynton
Beach. While substantial affordability gaps are not surprising in exclusive enclaves such as
South Palm Beach, Highland Beach and Juno Beach, the widespread level of unaffordability
among the balance of Palm Beach County's municipalities is striking. In fact, 29 of the 37
municipalities in Palm Beach County show affordability gaps for single-family home purchase. In
26 of these municipalities the affordability gap exceeds $100,000.
Although there may be relatively lower home sale prices in some sub-markets, depressed single-
family home values within a larger inflationary market should be viewed with caution. Depressed
housing values are usually indicative of substandard housing conditions or other neighborhood-
related factors.
Figure 19: Affordability Gap for Single-family Homes by Municipality
Palm Beach County Housing Needs Assessment
Metro pol ita 11 C e n te I.
28
.... -..-.-. .*..
West Palm Beach*** 43,109 134,146 1 310,000 330
Palm Beach County Housing Needs Assessment
Metropolitan Center
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.
The affordability gaps for condominiums and town houses in Palm Beach County are less than
the gaps for single-family homes, ranging from a low of $3,084 to a high of $216,448. The
current ($220,200) median sale price of a condominium in Palm Beach County creates an
affordability gap of $35,265 based on the household AMI. Affordability gaps within the
condominium market are also widespread, but not as extreme as the single-family market.
Affordability gaps exist in 20 municipalities and, excluding the County’s enclave communities, the
largest gaps are found in Riviera Beach ($143,907), Jupiter ($143,422), Palm Beach Gardens
($89,528), Boynton Beach ($80,097) and West Palm Beach ($69,713).
Figure 20: Affordability Gap for CondolTown House by Municipality
I,
‘“No sales in 2006 as of March
*‘I Median based oil sales from Jan to March 2006
Source MLS. 2000 Census and 2006 Bureau of Labor Statistics (Median iiicoine is adjusted for inllallon)
Palm Beach County Housing Needs Assessment
Mctropolitan Center
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Affordability Gap by Renter Households
An affordability gap for monthly rent was observed in all municipalities with the exception of
Tequesta Village and Wellington where median household incomes are among the highest in
Palm Beach County. Housing affordability gap levels in the rental market are extreme. The
average rent in Palm Beach County in 2005 was $1,122/month, a 52 percent increase from 2000.
Rent levels in municipalities with large concentrations of rental housing and workforce
populations, including Palm Beach Gardens ($1,700), Delray Beach ($1,622), West Palm Beach
($1,600) and Boca Raton ($1,600) are above the Palm Beach County average monthly rent. The
current average rent for Palm Beach County and most municipalities exceeds the affordability
level of all households earning 80 percent or less of the area median income (AMI).
Figure 21: Affordability Gap for 2 Bedroom Rental Apartment by Municipality: 2006
"
'Uue lo the low aiiiotini of sale5 the median sales piice was calciilated bawd on sales ftoin JPP 7005 to hlarcli 2006
"No SJI~S in 2006 as 01 Ivlarch
SOLIILP MLS 2000 U S Census and 2006 Bureau of Labor Statistics (Ivledlan income is ~tljusi~d for inflation)
Palm Beach County Housing Needs Assessment
Metropolitan Center
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Affordability Gap by Occupations
Applying the median single-family home price of Palm Beach County ($392,900), a Housing
Affordability Gap Analysis was performed for a sampling of occupations that represent the
majority of the workforce in the County, including often targeted occupations such as teachers,
registered nurses and police officers.
As shown in Figure 22, most of the “target workforce” occupations fall at or below the 120 percent
of AMI category. In comparison, the “Top 5 Occupations with the Most Employees” are all under
50 percent of the AMI.
Figure 22: Occupations by Area Median Income of $52,825: 2005
I Waiters and Vvaitresses I
Soiircl: FliJ Metropolitan Center
Palm Beach County Housing Needs Assessment
Mctropolitan Center
32
1
Using the 30 percent affordability standard, the gap analysis indicates that housing is
unaffordable for all of the occupations sampled, except for lawyers, generalloperations managers
and accountants. With affordability gaps well in excess of $200,000 for most occupations,
homeownership may be unattainable for many of Palm Beach County's resident workforce.
Figure 23: Housing Affordability by Occupation Based on Median Price of a Single-family
Home in Palm Beach County: 392,900
Source Mil Alatropolitati Centet
Palin Beach County Housing Needs Assessment
Met i o pol i ta fi Ce n te t
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.
,.. ,
Industry and Employment Growth
Palm Beach County’s future housing demand will be largely determined by ongoing and planned
economic development activity that will result in expanded employment opportunities.
Employment growth will occur through the retention and expansion of existing firms and new
economic growth resulting from start-ups, spin-offs, and relocations to Palm Beach County.
Basically, populations follow job growth and the demand for housing will be defined by the
location, type and wage levels of Palm Beach County’s future employment growth.
Through 2005, Florida continues to have the fastest job growth rate and lowest unemployment
rate of the ten most populous states in the nation. The current 3.0 percent unemployment rate
(April, 2006) is below the national average and has remained so since mid-2002. Palm Beach
County’s 2.85 percent unemployment rate has run similar to its Tri-County neighbors, Miami-
Dade (3.6 percent) and Broward (2.7 percent) Counties.
An analysis of recent economic growth in Palm Beach County shows most of the new job growth
occurring within the County’s existing industrial and employment base shown in Figure 24. While
Retail Trade continues to be the largest employment sector, Professional, Scientific and
Technical Services. Construction and Accommodation and Food Services have been the fastest
growing. In fact, during the five-year period of 2000-2004, employment growth in Professional,
Scientific and Technical Services (26 percent growth) led all industries, followed by
Accommodation and Food Services (24 percent growth), Construction (21 percent growth).
Health Care and Social Assistance, Palm Beach County’s second largest employment base, had
an 8 percent growth keeping pace with the largest industry employer, Retail Trade.
Accommodation and Food Services (1 0,070) and Professional, Scientific and Technical Services
(7,551 1 ) created the most jobs. Administrative Support & Waste Management, Remediation
Services, the County’s fourth largest employment base (40,989), declined by 30 percent during
the five-year reporting period as jobs in “employment services” were drastically reduced. In total,
the top industries created 27,710 jobs or 75 percent of Palm Beach County’s employment growth
between 2000-2004.
Figure 24: Palm Beach County Employment Growth 2000-2004
Employment Growth: 2000-2004
2000 0 2004
80 000
70 000 2 60000
50000
9 40000
30000
w 20 000
10 000
0
Retail Trade (9”h) Health Care 8 Social Accomdation 8 Adriinistralive Prof essional Constriiction (21 yh I
Assistance (8%) Food Services (24%) Support A Waste Scientific A Technical
Managerent. Services (26%1
Reredialion Services
(-30%)
Industries
Source U S Ceiistis Etiieaii. Coiinty Business Patietiis
Palm Beach County Housing Needs Assessment
Metro r, o I I t a n C e n tei
A more detailed analysis of the top three industry employment sectors - Retail Trade, Health
Care and Social Assistance and Accommodation and Food Services - finds a concentration of
employment within certain industry sub-sectors. Palm Beach County’s Retail Trade industry
largely consists of Food and Beverage Stores (16,323 jobs), most notably Supermarkets and
Grocery Stores, followed by General Merchandise Stores (10,037 jobs). Employment in the
Health Care and Social Assistance industry is largely found in Ambulatory Health Care (27,879
jobs), General Hospitals (14,079 jobs) and Nursing and Residential Care Facilities (12,424 jobs).
Palm Beach County’s Accommodation and Food Services industry employment is highly
concentrated in Food Services and Drinking Places (40,199). The fastest growing industry in the
County, Professional, Scientific & Technical Services. finds most of its employment in Legal
Services (8.149 jobs), Computer Systems Design & Related Services (6,934 jobs) and
Accounting, Tax Preparation, Bookkeeping & Payroll Services (6,791 jobs).
Although the economic base of Palm Beach County and South Florida is largely supported by the
Retail Trade and Leisure & Hospitality industries, there is significant diversity within other sectors
of the local economy. Palm Beach County’s Construction Industry accounts for 38,000 jobs,
Merchant Wholesalers of durable and non-durable products account for nearly 20,000 jobs, while
the Credit Intermediation & Related Servic-es (Banking) industry sub-sector accounts for nearly
12,000 jobs in the County. Figure 25 provides a list of major employers and is representative of
the goods and service-producing industries that comprise Palm Beach County’s economic base.
1 System, Inc. 3,750 1 Healthcare ~ County Wide
Palm Beach County Housing Needs Assessment
Metropolitan Center
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1 Response) 213 I Ambulance Service Lake Worth
Souicr Table replicated froin Busirress Development Board of Palin Beach County, Inc
According to the Florida AWI, Palm Beach County is projected to gain 11 1,473 jobs between
2005-2013, an average annual increase of nearly 13,934 new jobs per year (see Figure 26
below). The largest growth in employment is expected to occur in Administrative Support &
Waste Management, Remediation Services (1 8,673 jobs), followed by Health Care and Social
Assistance (16,676 jobs) and Government (12,565 jobs). These industries, alone, constitute 43
percent of Palm Beach County's projected job gain between 2005-201 3.
Figure 26: Palm Beach County Employment Growth by Industry: 2005-2013
Palm Beach County Housing Needs Assessment
M ('t ro o I i ta n Center
36
A more detailed analysis of industry sub-sectors indicates that the highest annual employment
growth rate between 2005-201 3 will be in Educational Services (4.25 percent), Social Assistance
(4.05 percent), ISPs, Web Source Portals and Data Processing Services (3.9lpercent) and
Professional, Scientific & Technical Services (3.90 percent). Among the top twenty growth rate
sub-sectors in Figure 27 below are most of Palm Beach County’s largest industry employers,
including Administrative and Support Services. Local Government, Professional, Scientific and
Technical Services and Ambulatory Health Care Services.
Figure 27: Industry Sub-sector Growth by Total New Employment
bwxt Florida Agencb foi Workforce Innovation (AWI) Labor Market Statistics 2006
Palm Beach County Housing Needs Assessment
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According to the Florida AWI. the fastest “type of company” projected to grow in Florida between
2005-2013 is Administrative and Support Services (3.8 percent growth rate) followed by Social
Assistance (3.4 percent growth rate) and Ambulatory Health Care Services (3.2 percent growth
rate). Companies in the Administrative and Support Services sub-sector group are engaged in
activities that support the day-to-day operations of other organizations (e.g., general
management, personnel administration, clerical activities, cleaning activities) and are often
integral parts of the activities of establishments found in all sectors of the economy. As
previously discussed, Palm Beach County’s existing and projected employment base is
concentrated in service and retail industries and occupations. This is generally consistent with
statewide projections for companies expected to grow between 2005-201 3 (see Figure 28 below).
In fact, the three fastest growing types of companies statewide - Administrative and Support
Services, Social Assistance, and Ambulatory Health Care Services - also rank within the top
growth industries in Palm Beach County.
.*
Figure 28: Types of Companies Expected to Grow in the State of Florida: 2005-2013
___ --
Source Recreated from Floi Ida Agency for Workforce Innovation (AWI) - Labor Market Statislics Industr)/ Projection Data
2005-2013
Occupational Growth
Growth in occupations is directly related to industrial growth, which in turn is determined by
critical factor and demand conditions including the availability of labor, changing markets and
emerging technologies. Housing supply and affordability are also important factor conditions
(inputs) that impact the ability of local industries to recruit and retain workers. Understanding the
specific occupations that comprise both the existing and future industrial base allows
communities to better address the existing and future housing demand of their workforce.
The Florida AWI provides projections for the fastest growing occupations and those gaining the
most new jobs during the period of 2005-2013. The top three occupations projected to gain the
“most new jobs” include Retail Salespersons (2,882 jobs), Registered Nurses (2,865 jobs) and
Landscaping and Groundskeeper Workers (2,706 jobs). The top three “fastest growing”
occupations include Computer Software Engineers, Systems Software (820 jobsl7.12 percent
Palm Beach County Housing Needs Assessment
Metropolitan Center
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,
annual change), Computer Software Engineers, Applications (894 jobd7.03 percent annual
change) and Network Systems and Data Communications Analysts (547 jobsi3.67 percent
annual change). Average wages for these growing occupations vary considerably. ranging from
the low of $9.95/hr for Landscaping and Groundskeeper Workers to $39.63/hr for Computer
Software Engineers, Systems Software (See Figures 29 and 30 below)
Figure 29: Occupations Gaining the Most Jobs in Palm Beach County 2005-2013
I ?
I
I x_-_ - "_
JbLi I ibb I/! 4:: c Fi et a i I Sa I e s pe rso -~- n s ~-_~-j
, Office Clerks, General 13 850 15,738 17 236 532 11 09
- - ~- ---- -
Janitors and Cleaners Except 1
bds and Housekeeping 15 045 I 17,545 2 08 312 586 8 41
' Cashiers 13,484 15,091 149 201 837 8 46 1 Waiters and Waitresses 13,445 15,627 2 03 273 936 6 89
Laborers and Freight ,Stock
and Material Movers, Hand 12,069 13129 11 132 518 8 72
11,670 14,535 3 07 358 587 2733
~ 995 I 10094 12800 335 1 338 543 1 Workers
',iri~icc Kt~c reated froiri AgPncy for Workforce Innovation - I ahor fvldrket Stdtlstl( s Industry Piojpctiotl [rata 2005-2013
Figure 30: Fastest Growing Occupations 2005-201 3
Landscaping and Grounds i
keeping Workers 10,094 12,800 3.35 338 543 1 9.95
Customer Service
Representatives 10,077 12,567 3.09 311 452 14.11
Sales Reps., Wholesale and
Manufacturing, Other 8,527 10,692 3.17 271 480 26.65
Maintenance and Repair
Workers, General 7,645 9,375 2.83 216 355 14.8
Food Preparation & Serving i
Workers, Including Fast Food 7,495 9.225 2.89 1 216 ~ 522 ~ 7.02
Accountants and Auditors 6,529 8,060 2.93 191 j 307 ~ 31.74
Clerks i 6,279 ' 7,805 3.04 191 336 11.57
' Elementary School Teachers, 1
5,948 8,037 I 4.39 261 381 23.09 L Except Special Education 1 Child Care Workers 4,984 6,250 1 3.18 158 285 9.04
Source Recleated froin Agency for Workforce Innovation (AWI) - Labor Market Statlstlcs Industry Project~on Data 2005-
20 13
. .__
-
~-
i Receptionists and Information 1 ~ I
I. __
Palm Beach County Housing Needs Assessment
Metrouolitan Center
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Palm Beach County Employer Survey
As previously stated, there is an inextricable link between local housing and labor markets.
Industries are served by local housing markets that provide a spectrum of choice and opportunity
for both existing and expanding labor markets. As such, it is important to periodically gauge the
health of the local employment base with respect to housing demand and supply and any effect
they may have on the labor market.
The Housing Demand Analysis element of the Palm Beach County Housing Needs Assessment
included an "Employer Survey" (see Appendix B) that was intended to examine the extent to
which housing values in the County are impacting the ability of employers to recruit and retain
employees. The Palm Beach County Employer Survey was designed as a telephone interview.
The survey instrument consisted of both closed- and open-ended questions designed to elicit
elaboration on many potential aspects of the correlation between housing and employment.
The survey included the top 50 employers in Palm Beach County and a further judgmental
sampling of approximately 150 smaller employers based on industry type and geographic
representation within Palm Beach County. The results of the telephone survey were entered into
a SPSS format and cross-tabulated. The SPSS file also serves as a database and benchmark
for further survey research.
The following is a statistical summation of the key findings from the Palm Beach County Employer
Survey:
b The majority of Palm Beach County employers (58.4%) reported the cost of housing in Palm
Beach County has impacted their ability to recruit new employees.
1 The cost of housing has effected recruitment efforts for all levels of employees with entry
level positions (38.3%) most effected followed by technicians and trade personnel (34.4%).
70.6% of large employers (100 employees or more) and 46.2% of businesses employing less
than 100 people consider the cost of housing in Palm Beach County has had an impact on
recruiting new employees.
The majority of employers (69.1%) who consider the Palm Beach County cost of housing to
be affecting their recruitment ability also think that it is caused by a gap between wages and
housing prices.
67.8% of employers who recognized that the cost of housing in Palm Beach County has
impacted their ability to recruit new employees have had to expand or modify its recruitment
methods to attract prospective employees.
70.6% of large employers indicated the cost of housing in Palm Beach County has impacted
their business/institution's ability to retain existing employees, compared to 46.2% of smaller
employers.
b
1
t
b
t 82.5% of employers who consider "proximity to workplace" and "commute time" important to
their employees estimated the average round trip commute time of their employees to be 45
minutes or less.
Based on the statistical analysis of the Palm Beach County Employer Survey, there is a
significant correlation between the employers' ability to recruit and retain workers and the cost of
housing in Palm Beach County. It also appears that employers are aware of the causes and
implications of housing costs and the relationship to recruitment, marketing, and the commute
Palrn Bcach County Housing Needs Assessment
Mrtropolitan Center
40
time of employees. These issues will be further analyzed in the concluding Housing Demand and
Supply Assessment.
Palm Beach County Housing Needs Assessment
Metropolitan Center
41
Future Housing Demand Projections
Future housing demand will be determined by employment and population growth. The axiom is
that people follow jobs. As previously cited, the Florida Agency for Workforce Innovation (AWI)
projects that Palm Beach County's employment will grow by 1 1 1,473 jobs between 2005-201 3 or
approximately 13,934 new jobs annually. Florida AWI projections indicate that Palm Beach
County's employment base will continue to expand and with substantially the same employment
mix through 2013. In most metropolitan markets the ratio between new employment growth and
housing demand is approximately 1 :I 5. Historically, Palm Beach County's ratio of job growth to
housing demand has been relatively equal. This is primarily due to the high level of service
sector employment that is absorbed by existing households.
The methodology for projecting future housing demand calculates Palm Beach County's
projected employment growth by industry type and population projections to 2025 disaggregated
by projected growth in the working age population (ages 20-64). Population projections provided
by the Florida Bureau of Economic and Business Research (BEBR) indicate that the County will
grow to 1,742,508 residents by the Year 2025. These population projections include an increase
of 178.202 persons within the workforce age population. Through 2015, growth in the county's
workforce age population (1 31,436) will keep pace with projected employment increases through
2013. Significantly, between 2015 and 2025 it is expected that there will be a concomitant
decline in job gain and population growth as near build-out occurs in Palm Beach County. Based
on these projections, nearly 75 percent of the County's growth (2005-2025) in its workforce age
population will occur in the next ten years.
Based on these projections, it is estimated that future employment and workforce age population
growth through Year 2025 will create the additional demand for approximately 97,966 housing
units affordable to households earning less than 120 percent of the AMI. The demand will include
approximately 28,906 new workforce housing units (80-120 percent of the AMI) and 69,060
workforce housing units for households earning less than 80 percent of the AMI. The method for
calculating affordability is based on the projected employment mix and level of income according
to occupations. These figures are then disaggregated to the municipal level based on projected
growth in workforce age populations, household incomes and existing employment mix. As
previously stated, these calculations, based on Florida AWI projections through 201 3, assume a
very similar and proportional employment mix.
Figure 31: Projected Housing Demand 2005-2025
-__-_--
General Municipalities
Palm Beach County 69,060 28,906 I 97,966
Boca Raton 1,131 538 1 1,669
Boynton Beach 5,365 2,254 i 7,619
Delray Beach 3,680 1,438 1 5,118
~~~
,
Glen Ridge 71 4; 11 - __ __ __~~-
Greenacres City 3,978 1 1,749 5,727
106 61 ~ 167
- Hypoluxo 851 438 I 1289
' Haverhill
Jupiter 3,333 2,106 5,439
Lake Park 658 1 215 1 873
Lake Worth 2,037 I 785 ~ 2,822 I
1 Lantana 349 1 135 1 484 I
Palm Beach County Housing Needs Assessment
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42
Atlantis 20 3 23
Juno Beach 386 140 526
Unincorporated Areas
South 6,522 2,676 9,198
Northwest 1,510 619 j 2,129
Highland Beach 132 58 190
Northeast 858 352 1 1,210 ,
Sbiiici fvlttropolitaii Ccnter
As shown in Figure 31, the greatest future demand for workforce housing will occur in West Palm
Beach (11 018 units) and the South Unincorporated Area (9,198 units) Other municipalities with
high future demand include, Boynton Beach (7,619 units), Wellington (6,466 units) and Royal
Palm Beach (6,108 units) Figure 34 depicts the various regions in the Unincorporated Areas and
the municipalities in Palm Beach County
It is important to note that future demand does not include the "existing" workforce housing
demand within each of the above municipalities and sub-geographies. For each municipality and
sub-geography, the total "unmet" existing workforce housing demand must be carried forth and
added to the above future demand calculations.
Palm Beach County Housing Needs Assessment
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43
Figure 32: Housing Demand 80-120% of AMI
Hoirsing Demand for Households
Berween 8Oco-12Ooc of
Ai ea Median Incoine
11
Loxaliatchee
Wildlife Refuge
1
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P~lrti Beach County Housing Needs Assessment
M (It t'op o I ita 11 Center
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Figure 33: Housing Demand Below 80% of AMI
Hoiisiiig Deinaiicl foi Households
AI ea Median Income
Below 80°/o of
1,
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Palm Beach County Housing Needs Assessment
Metro p oI i t a n Center
45
Figure 34: Regional Areas of Unincorporated Palm Beach County
Regional Areas of
U 1-1 i n co r po rated
I Paltn Beach County
1
I i
I 161 tlieast AI ea
I Io1 tll 1 est PI Fci I
~
~
South Gl-eci ! ,
I--
\
LAKE OKEECHOBEE
Palm Beach County Housing Needs Assessment
Mctrouolitan Center
46
Housing Demand Assessment
1. Significance
Housing demand is largely driven by several key factor conditions - local employment patterns,
shifts in population and household growth, and household income. Employment is the principal
driver of population and household growth. Moreover, job availability and the opportunity for
career advancement are the magnets for sustained population and household growth, including
growth in personal and household income. Conversely, economic decline and associated job
loss has the opposite effect, typically resulting in decreases in population, households and
household income with a profound effect on residential markets. Therefore, a clear
understanding of the relationship between current and projected employment and wages,
population and households and household income is fundamental to a housing demand analysis.
2. Analysis - Key Findings
The industry and employment analysis performed in Section II shows that Palm Beach County's
economic base is principally comprised of service-providing industries, most notably, Retail
Trade, Health Care and Social Assistance, Accommodation and Food Services and
Administrative Support & Waste Management, Remediation Services. In total, service-providing
industries account for 87 percent of all jobs in Palm Beach County. While service-providing
industries are essential to Palm Beach County's economy and do offer livable wages among
many of the associated occupations, the vast preponderance of employment is found in low-wage
earning occupations. In fact, Palm Beach County's 2005 median annual wage for all occupations
was only 27.851.
Palm Beach County's economic and employment profile is reflected in the median household
incomes of both owner and renter-occupied housing units. The study's income analysis shows
that 32 percent of the County's owner-occupied housing units earn 80 percent or less than the
area median income (AMI). For renter-occupied units, 55 percent of households earn less than
80 percent of the AMI. With the exception of a few affluent municipalities, the employment and
income profiles of Palm Beach County's municipalities are remarkably similar. In fact, many of
the more populated municipalities in Palm Beach County have household median incomes that
are less than the AMI, including: Lake Worth (35,207), Riviera Beach (37,642), West Palm Beach
(43,109), Greenacres (43,304), and Boynton Beach (46,709). This is due to the fact that the
employment of the housed labor force within the larger communities of Palm Beach County is
representative of the service-providing industries that comprise the County's economic base.
In calculating housing affordability, the standard ratio used by most mortgage lenders and
housing professionals is that housing expenses should not exceed 30 percent of a household's
gross monthly income. The study's housing demand analysis indicates that 31 percent of Palm
Beach County's owner-occupied households are currently paying in excess of 30 percent of their
income for housing expenses. The housing demand analysis also shows that 65 percent of Palm
Beach County's renter households currently pay in excess of 30 percent of their income for
housing expenses. Strikingly, nearly 50,000 renter households in Palm Beach County are
currently paying in excess of 50 percent of their monthly income for housing expenses.
The housing demand analysis included affordability calculations based on median household and
occupational income using conventional lending terms and underwriting standards. The analysis
determined that for 19 of Palm Beach County's municipalities the affordable purchase price for a
single-family home would need to be less than $200,000. Significantly, affordability levels are
Palni Beach County Housing Needs Assessment
MclroDolitari Center
47
lowest in many of the County's more populated municipalities, including Lake Worth ($1 12,061),
West Palm Beach ($1 34,146), Greenacres ($143,874), Boynton Beach ($147,772) and Delray
Beach ($161,622). Coincidentally, these municipalities also comprise the largest concentrations
of the County's workforce (See Figure 35).
The housing affordability calculations for occupations include certain targeted workforce
occupations, such as teachers, nurses, police officers and firefighters. Based on the current
annual salaries of these workforce occupations, the affordable purchase price of a single-family
home or condominium, with the exception of registered nurses ($220,239), would also need to be
less than $200,000. Elementary ($134,176) and secondary ($167,345) school teachers, at the
low end of the targeted workforce wage scale, have the lowest affordability thresholds.
Future housing demand will be determined by employment and population growth. The Florida
Agency for Workforce Innovation (AWI) projects that Palm Beach County will add an 'additional
11 1,797 jobs between 2005 and 201 3. According to Palm Beach County Planning Department
population growth estimates, the County will increase by approximately 327,000 persons during
this approximate time span (2005-2015). Based on this estimate, population growth should be
sufficient to absorb the projected job gain. Significantly, population projections show an increase
of 147,979 persons within the larger workforce age group (ages 20-64), including 52,224 persons
within the younger 20-34 workforce aged group.
Coincidentally, the projected increase in the workforce population will occur in municipalities
where the largest concentrations of the workforce currently reside. This is due to the fact that
Palm Beach County's employment and occupation mix is projected to remain fairly constant
during the next 20 years and in-County mobility will be severely restricted due to extremely high
housing values in the balance of municipalities.
3. Impact of Current and Future Demand
Palm Beach County's housing demand will be spurred by continued economic growth and net
migration. Current and future demand creates the need for single-family and rental housing units
priced at levels consistent with the household incomes and occupational wages of the local labor
market, including various targeted workforce occupations. The ability of Palm Beach County and
its municipalities to provide for this demand will ultimately determine the County's capacity for
housing its current and future workforce.
Recent trends show that job creation (13,934 jobs per year) is outpacing single-family housing
(10,000+ units) starts in Palm Beach County, thus creating a shortage of single-family homes,
particularly for households earning less than 120% of the AMI. Likewise, the current annual
demand of 5,656 additional rental apartment units per year is far outpacing new rental housing
starts and only minimally addressing the rental housing needs of Palm Beach County's
households earning less than 80 percent of the AMI.
Based on employment and occupations projections, Palm Beach County's future housing
demand will total approximately 98,000 units between 2005-2025. Future housing demand will
consist of 28,906 units for households earning 80-120% of the AMI and 69,060 units for
household earning less than 80 percent of the AMI. Future housing demand will be greatest in
West Palm Beach (11,018 units), Boynton Beach (7,619 units), Royal Palm Beach (6,108 units)
and Greenacres (5,727 units).
The AWI projection of 11 1,797 new jobs in Palm Beach County by 201 3 has significant housing
demand implications, due to the direct correlation between the growth in the workforce age (20-
64) population and housing demand and location. Currently, the largest concentrations of the
workforce age population are located in West Palm Beach (55,527), Boca Raton (46,394), Delray
Beach (36,749) and Boynton Beach (36,720). Projections for 2025 indicate that the largest
Palrri Beach County Housing Needs Assessment
Mctropolitan Center
48
Figure 35: Concentration of the Leading Occupations by Municipality
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Palm Beach County Housing Needs Assessment
Metropolitan Center
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increases will occur in Wellington (20,241 ), West Palm Beach (1 7,026), Royal Palm Beach
(14.283). Boynton Beach (12,273) and Jupiter (12,032).
The results of the “Employer Survey” conducted as part of the Palm Beach County Housing
Needs Assessment indicated a positive correlation between housing demand and local
employment. Existing housing demand with respect to local choice and affordability has impact
the ability of local employers to recruit and retain their workers. The survey findings concluded
that the situation is particularly acute among lower wage, entry level and technical/trade levels of
employment. This is to be expected as lower-wage workers are most impacted by a rise in
housing costs and have limited mobility within the housing market. However, lower-wage
workers, as noted throughout this study, comprise the vast majority of Palm Beach County’s
resident employees. While hard statistical evidence is lacking, there is substantial anecdotal
evidence and other indicators, e.g. the aforementioned employer survey, that workers are leaving
the county in search of more affordable housing opportunities in Martin and St. Lucie Counties to
the north and Broward County to the south.
Current and Projected Housing Supply
1. Significance
Housing supply factors include the total number of units by type, price range, tenure and
absorption. Housing supply analysis must also consider development trends and projections
based on building permit data and planned development activity. Furthermore, it is essential that
a housing supply analysis capture the dynamics of a housing market, particularly in locations
undergoing inflationary housing booms such as South Florida where property appreciation rates
have skyrocketed and where investors have significantly altered the housing supply through the
wholesale conversion of the multi-family rental housing stock into condominiums. When
combined with housing demand, these supply factors enable analysts to extrapolate data about
employment, population and household incomes to determine the relative balance between local
supply and demand.
2. Analysis - Key Findings
As indicated in the preceding Housing Supply Analysis, in Section Ill, Palm Beach County’s
housing supply/inventory has increased by 67,286 units or 13 percent between 2000-2006.
During this period the County has averaged over 12,200 new housing units per year. The largest
increases occurred in Unincorporated Palm Beach County (28,481 units), West Palm Beach
(7.403 units), Wellington (4,968 units), Jupiter (4,458 units), Palm Beach Gardens (4,088 units)
and Royal Palm Beach (4,063 units). The highest growth rates occurred in Royal Palm Beach
(50 percent growth) and Wellington (34 percent growth).
Palm Beach County’s new housing construction (2000-2006) is comprised of 43,895 single-family
and 16,723 multi-family units. Unincorporated Palm Beach County absorbed 55 percent (24,018
units) of the new single-family homes. Municipalities with the largest increases include
Wellington (3,768 units), West Palm Beach (3,576 units), Royal Palm Beach (3,130 units), Palm
Beach Gardens (2,483 units) and Jupiter (2,024 units). The largest increases in new multi-family
units occurred in West Palm Beach (3,058 units), Unincorporated Palm Beach County (2,531
units), Jupiter (2,062 units), Boynton Beach (1,376 units) and Delray beach (1,323 units).
While there has been a 13 percent growth in the Palm Beach County’s housing supply since
2000. there has been a steady decline in both single-family and multi-family housing starts in the
past two years. Single-family housing starts peaked in 2003 (10,788 starts) but declined by 4
Palm Beach County Housing Needs Assessment
Mctropolitan Center
50
percent in 2005 with an additional 8.5 percent (8,900 starts) decline projected for 2006. Likewise,
multi-family housing starts declined 4.7 percent from a peak of 4,578 units in 2004 to 4,364 units
in 2005. A further 9.9 percent (3,930 starts) is projected for 2006.
The vacancy rate for apartments in Palm Beach County is at an all time low. Since 2003, the
County's vacancy rate has declined from approximately 6 percent to a low of 2.4 percent in
November 2005. The apartment market vacancy rate declined to 2.8 percent in August 2005
down from 3.6 percent in August of 2004. The lowest vacancy rates are found in east West Palm
Beach (0.7 percent), Delray Beach (1.3 percent) and Central and West Boca Raton (2.0 percent).
The major factors contributing to the low rental apartment vacancy rates in Palm Beach County
has been condominium conversions that have resulted in the loss of nearly 14,000 rental units in
the past year alone, and the decline in rental apartment construction. Although the annual
demand for rental apartments in Palm Beach County is approximately 5,656 units, there were
only 1,332 apartment units completed and a mere 450 units started as of the third quarter of
2005. As a result of the low supply in rental units, the County has less than a month's supply of
new rental apartment units on the market at any given time.
Current housing values for single-family homes and condominiums are the result of a substantial
market appreciation period that began with a 10 percent increase from 2001-2002, then rapidly
escalated to 62 percent for single-family and 56 percent for condominiums between 2003-2005.
Double digit increases in median sale values are evident throughout Palm Beach County. The
highest appreciation rates for single-family homes occurred in West Palm Beach (36
percent/$329.950 median value), Royal Palm Beach (33 %, $365,000 median value) and
Greenacres (31%, $390,000 median value).
Appreciation rates for condominiums between 2003-2005 soared in many municipalities,
including Jupiter (71 percent/$334,000 median value), Greenacres (43 percent/$215,000 median
value) and Lake Worth (34 percent/$142,500 median value). During the third quarter of 2005,
38.9 percent (671 units) of all condominium sales were in the $175,000-$249,999 price range
followed by 25.5 percent (441 units) of sales in the $250,000-$349,999 price range. During this
quarter, the highest median sales prices for condominiums occurred in east Boca Raton
($304.000) and West Palm Beach ($300,000).
As previously noted in Section Ill, rents in Palm Beach County have increased by 52 percent
since 2000. As of November 2005, the average rent for a two-bedroom apartment in Palm Beach
County is $1 ,I 22. An analysis of new market rate rental activity in Palm Beach County in 2005
indicates that most rental housing development is upscale with rents ranging upwards of $1,000-
$2,000 a month. Likewise, planned market rate rental development in 2005 was also directed
toward the upscale rental market. Tax credit apartment developments, which target households
earning between 30-60% of the area median income (AMI), currently average $774.00/month.
The highest average rents in Palm Beach County are east Boca Raton ($1,609) and Delray
Beach ($1,375).
Importantly, 41 percent of the County's housing supply is now over 25 years old. The age of the
housing stock is an important element of a housing needs assessment due to the fact that often
with age comes deferred maintenance issues that can become costly and result in the eventual
loss of housing units. Older housing in various pockets can also be a source of relatively
affordable housing in an appreciating market such as South Florida. Indeed, many of these
pockets are located in older sections of eastern Palm Beach County municipalities such as Lake
Worth, Lantana, and Lake Park. However, this housing stock needs to be preserved in order for
it to be a viable inventory of affordable housing.
Palm Beach County Housing Needs Assessment
Metropolitan Center
51
I
3. Impact of Current and Future Housing Supply
Palm Beach County's current supply of owner and renter housing has undergone an
unprecedented increase in value over the past two years that has created a severe
demandisupply imbalance. Palm Beach County's current median sale price ($390,000) and
average rent ($1,122) far exceed the affordability level of most households, irrespective of most
occupation and income categories, thus creating severe cost burdens for owner and renter
households alike.
The severity of Palm Beach County's housing supply and demand imbalance is perhaps best
quantified by the median house price-to-income ratio, a key economic indicator in assessing local
market trends and vitality. Nationally, the median house price-to-income ratio has more than
tripled in the past five years in many high priced metropolitan markets such as New York City,
Boston, and Los Angeles. In comparison, the median house price-to-income ratio in Palm Beach
County has increased from 5:l to 7:l in just the last three years.
Palm Beach County's affordable housing supply imbalance has been exacerbated by three
important market conditions 1) the continuing trend toward upscale single and multi-family
development that IS incompatible with the housing demand of the majority of Palm Beach
County's working residents, 2) the substantial loss of the County's rental housing supply as a
result of condominium conversions. and 3) the overall decline in rental housing production
Despite widespread housing demand throughout Palm Beach County for housing that is
affordable for working households earning less than 120 percent of the AMI, nearly all planned
residential development is priced at levels that only households earning well in excess of 200
percent of the AMI can afford. So, while overall housing production has declined in the past two
years. the level of affordable housing production has been virtually non-existent. In the past three
years, over 22,000 rental units have been converted into condominiums, nearly 14,000 in the past
year alone. The loss of rental housing to condominium investment has been Countywide and has
created cost pressures that have had a ripple effect across the rental housing market. Most
evident has been the steady decline of vacancy rates to an overall level of 2.4 percent. As of
June 2005, only 83 new rental units were in inventory, far below an acceptable supply to meet the
current rate based on an estimated annual demand of 5,656 units. The decline in new rental
housing production, as evidenced by the absence of construction start-ups during 2005 and
projected for 2006, has created added cost pressure in the rental market.
H o u s i n g Affo rda b i I i ty Ga p Ana I ys is
The housing affordability gap analysis for Palm Beach County and its municipalities reveals the
extent of the demandlsupply imbalance that has emerged during the past three years. The home
price to income ratio for the county and most municipalities now far exceeds the national average.
Rapid appreciation in the single-family home market coupled with the substantial loss of rental
inventory has created a local housing supply that is financially unattainable for most Palm Beach
County households. Significantly, only 17 percent of Palm Beach County's households earn
more than $IOO,GOO annually. And, more strikingly, approximately 90 percent of Palm Beach
County's households would be unable to purchase a single-family home at the current median
sale price.
The analysis shows that affordability gaps for single-family homes are widespread throughout
Palm Beach County. The current ($392,900) median sale price for a single-family home in Palm
Beach County creates a $209,471 affordability gap based on the $52,825 area median income
(AMI). Significantly, affordability gaps are particularly acute in many of the larger municipalities
that house the County's workforce, most notably, West Palm Beach, Palm Beach Gardens,
Riviera Beach, Greenacres and Boynton Beach. While substantial affordability gaps are not
Palin Beach County Housing Needs Assessment
Metropolitan Center
52
surprising in exclusive enclaves such as South Palm Beach, Highland Beach and Juno Beach,
the widespread level of unaffordability among the balance of Palm Beach County s municipalities
is striking In fact, 29 of the 37 municipalities in Palm Beach County show affordability gaps for
single-family home purchase In 26 of these municipalities the affordability gap exceeds
$1 00,000
The current ($220,200) median sale price of a condominium in Palm Beach County creates an
affordability gap of $35,265 based on the household AMI. Affordability gaps within the
condominium market are also widespread, but not as extreme as the single-family market.
Affordability gaps exist in 20 municipalities and, excluding the County's enclave communities, the
largest gaps are found in Riviera Beach ($143,907), Jupiter ($143,422) Palm Beach Gardens
($89,528), Boynton Beach ($80,097) and West Palm Beach ($69,713).
Housing affordability gap levels in the rental market are extreme. The average rent in Palm
Beach County in 2005 was $1,122/month, a 52 percent increase from 2000. Rent levels in
municipalities with large concentrations of rental housing and workforce populations, including
Palm Beach Gardens ($1,700), Delray Beach ($1,622), West Palm Beach ($1,600) and Boca
Raton ($1,600) are above the Palm Beach County average rent price. The current average rent
for Palm Beach County and most municipalities exceeds the affordability level of all households
earning 80 percent or less of the area median income (AMI).
The housing demand analysis indicates that 294,565 (55 percent) of Palm Beach County's
households earn less than 120 percent of the AMI. In fact, 104,389 households earn less than 50
percent (25,884) of the AMI, which, coincidentally, is just under the median annual wage
($27,851) in Palm Beach County. Clearly, there is an extreme imbalance and mismatch between
the housing demand of the majority of households and workers in Palm Beach County and the
cost of the existing housing supply.
Assessment of Housing Supply and Demand Conditions on Future
Employment and Economic growth
As previously discussed, there exists a direct correlation between employment growth and future
housing demand. Historically, metropolitan areas that have experienced economic growth have
also seen strong housing demand, including appreciating housing values. Housing prices tend to
rise as jobs and incomes continue to grow.
A number of factor conditions influenced the explosive 2003-2005 housing market in Palm Beach
County and South Florida, including economic growth, a heavy investor market, low mortgage
interest rates and the proliferation of less conventional mortgage financing products such as
adjustable rate mortgages (ARMS) and negative interest mortgages.
Most economic analysts predict that the drop in single-family home starts and new home sales
that became evident in the last six months of 2005 will continue in 2006 and 2007. Home price
appreciation is also expected to decrease to more modest single digit levels with estimates of 5-
6% annually, though initial depreciation could continue through the first six months of 2006 as the
market adjusts to the inflationary pattern of the last three years. This will most likely occur in the
upper end of the housing market and in certain geographical sub-markets. However, the
increasing inventory of single-family homes currently on the market is concerning. In fact, Palm
Beach County single-family home sales in April 2006 declined by 43 percent from April 2005, a
negative trend that has continued since November 2005 and has returned Palm Beach County to
a mid 1990s sales activity level. Statewide, this six-month decline is only comparable to the high
price markets of Naples and Sarasota. Likewise. condominium sales have also plummeted with a
50 percent decline in sales from April 2005 to April 2006.
Palm Beach County Housing Needs Assessment
Metropolitan Center
53
Many observers and analysts, including the National Association of Realtors (NAR), believe that
continued job growth and net migration will maintain the local housing market in South Florida,
thereby preventing a housing market bust. Historical trends show that home price declines are
rare and, in general, have only occurred as a result of prolonged job loss in a given housing
market. Despite the general optimism that a housing market bubble burst is unlikely, and that a
return to more modest appreciation levels will increase demand once again, there are three
interrelated factors to consider with respect to Palm Beach County's housing market: 1) the
growing affordable housing supply shortage, 2) an unwavering home value to income ratio and,
most importantly, 3) an incessant development pattern that has produced a housing supply
mismatch with the market demands of Palm Beach County's existing and future resident
workforce.
As previously discussed, Palm Beach County's affordable housing shortage is largely due to
inflationary housing values that far exceed the income of County residents; the substantial loss of
multi-family rental housing through condominium conversions; and the overall decline in new
housing construction.
The loss of the County's affordable housing supply through rapid inflation and condominium
conversions is not recoverable. While housing values are expected to adjust to overall demand in
the housing market, projected economic growth and demand for second "resort" homes will
continue to drive the market for single-family homes and condominiums. Rent prices will also
remain high due to the current low inventory and sharp decline in rental housing production.
While much focus has been given to Palm Beach County's loss of affordable housing in terms of
cost, conversion and new production, there is also the need to address the age and condition of
the existing housing stock. As noted, approximately 41 percent of Palm Beach County's housing
stock is now over 25 years old. Included in this amount are 52,595 housing units that are now
over 45 years old. Older housing typically comprises a significantly large inventory of relatively
affordable housing in a housing market. However, evidence clearly shows that as the housing
stock ages, code and deferred maintenance issues increase substantially. In most of the higher
priced metropolitan areas in the country, workers can usually locate relatively affordable housing
in certain geographical sub-markets or pockets that have not undergone rapid appreciation.
Older, single-family homes in many of the less affluent neighborhoods in eastern Palm Beach
County will need to be preserved as part of a viable affordable housing supply.
The high median home value to median household income ratio is not likely to lower despite a
recent decrease in median sales values and a projected return to modest appreciation levels.
The current ratio of greater than 7:l is extreme and creates affordability gaps that cannot be
addressed without deep subsidies andlor a heightened level of new affordable housing
production. This market condition should persist due to the continuation of an economic growth
pattern in Palm Beach County that is tourism-based with new employment occurring largely in
low-wage service and retail occupations. So, while job growth has been significant in recent
years and, in fact, outpaced new housing starts, there is little correlation between demand and
current housing values. Furthermore, with only a 1 percent growth in per capita income from
1999-2003 it is unlikely that Palm Beach County's economic growth, now or in the foreseeable
future, can offset the relative high cost of housing.
Furthermore, substantial evidence now exists that Palm Beach County's employees are moving
to other counties in search of affordable housing opportunities. This growing competitive
disadvantage may become acute as commute times become longer and more expensive with the
price of fuel, and as counties to the north expand their employment base with commercial and
retail development to accommodate current and projected population growth. The results of the
employer survey indicate that this dynamic is already occurring and that it is impacting both the
recruitment and retention of Palm Beach County's employees.
P'tlni Bcach County Hoiising Needs Assessnient
Mi~tro:iolttan Centet
54
March 21, 2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
Seacoast National Bank has recently located its Palm Beach County Headquarters on PGA
Boulevard and is committed to growing Seacoast's presence both in Palm Beach Gardens and
Palm Beach County.
In doing so, we recognize the need for employers in Palm Beach Gardens to have the ability to
attract and retain quality employees. I urge your support of the Employer Sponsored Housing
initiative proposed by Frenchman's Creek, as supported by your Growth Management Staff.
Sincerely,
Greg E.&each
President, Palm Beach Region
PO. Box 32245, Palm Beach Gardens, Florida 33420-2245 G2 LENDER
CHANNING CORPORATION
March 7, 2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
As you know, I have been active in the affairs of this City for over twenty years, including seven
years as a member of the Planning and Zoning Board and seven years as a founder and director
of the PGA Corridor Association. My company developed and operates the PGA Commons
mixed-use project located on PGA Boulevard. Both our company and our tenants are seriously
affected by the need for attainable housing within a reasonable distance from PGA Commons.
As an employer, developer, and landlord in this City, I strongly support the concept of the
Employer Sponsored Housing initiative.
a&Lg Corporation
!O PGA Boulevard
Palm Beach Gardens, FL 33410
(561) 630-8630
z:\$docs\FrenchinansCreek\SanMatera\Channing. le
5520 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33418 (561) 630-8630 FAX (561) 630-8631
2008-2007 Officers 8 Directors:
Steve Cohen. Chairman
Jean Strickland, Immediate Past Chair
Greg Leach, Vice Chairman
Dr. Patti Anderson, Treasurer
Joey Eichner, Secretary
Barbara Allan
Jim Ash
Thomas Cairnes
Frank Callander
Joel Channing
Lou Gaeta
Gary Gottlieb
Jim Griffin
Stephen S. Mathison
Phil Woodall
SUSTAINING MEMBERS:
1'' United Bank
Astorino 8 Associates, Ltd.
Bascom Palmer Eye Institute
Catalfumo Construction 8 Development
Channing Corporation
Comerica Private Banking
Cotleur & Hearing, Inc.
DMJ Property Services, Inc.
Ecclestone Signature Homes
Equus Properties
Fidelity Federal Bank 8 Trust
Fisher-Gaeta Corp.
Florida Atlantic Universlty
Grand Bank & Trust of Florida
Holland & Knight LLP
Huntington National Bank
Illustrated Properties Real Estate, Inc.
Implant Innovations, Inc.
John C. Bills Properties, Inc.
Keller Williams Realty
Lamn, Krielow, Dytrych 8 Co.
Lydian Trust Company
Menin Development Companies
NAllMerin Hunter Codman, Inc.
North Palm Beach County Chamber of Commerce
Page Group Commercial Realty, Inc.
Palm Beach Community College - Eissey Campus
Palm Beach Gardens Marriott
PGA Marina Center, Ltd.
Seacoast National Bank
SRA Research Group, Inc.
Stephen S. Mathison, P.A.
Tequesta Agency, Inc.
The Forbes Company
The River House Restaurant
UBS Financial Services, Inc.
Wackenhut Services, Inc.
WalterslGottlieb Partners, Inc.
Waterway CaM, Inc.
WCI Communities, Inc.
Windsor Gardens Hotel
WPBF- N 25
March 21,2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
The mission of the PGA Comdor Association is to preserve
and enhance the PGA Corridor as the major business
comdor within Northern Palm Beach County. Members of
the PGA Corridor Association include major land owners
and businesses located in proximity to PGA Boulevard.
For some time, our members have expressed serious concern
regarding the challenge in attracting a qualified workforce
due to lack of attainable housing within proximity of PGA
Boulevard.
The PGA Corridor Association has reviewed the Employer
Sponsored Housing initiative proposed by Frenchman's
Creek, and strongly supported by your professional Growth
Management Staff. The Association feels the Employer
Sponsored Housing initiative is a positive first step in
addressing this very real and pressing need which is vital to
the continued health of businesses along PGA Boulevard,
and within the City as a whole.
Sincerely,
PGA Comdor Association
Steven Cohen
Chairman
3001 PGA Boulevard, Suite 200
Palm Beach Gardens, FI. 33410
(561) 691 -8352
March 8,2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
The Country Club at Mirasol is a community which currently consists of approximately
950 residents. This number will rise to an eventual 1170 residents, when the community
is complete. The Country Club at Mirasol employs approximately 230 people.
As with other major employers in the City, Mirasol has faced a serious challenge with
respect to attracting and keeping qualified employees due to a lack of attain able^ housing
in the area. Frenchman's Creek, Inc. has provided us with a copy of its proposal for an
Employer Sponsored Housing initiative, which has also been reviewed and recommended
for approval by City Staff.
Mirasol views this proposal very positively and indeed may look to the Employer
Sponsored Housing Ordinance as a tool for addressing our community's needs. As such,
Mho1 strongly urges your support of the Employer Sponsored Housing initiative.
Sincerely,
Matt Lambert
General Manager
The Country Club at Mirasol
1 1600 Mirasol Way
Palm Beach Gardens, PL, 33418
(561) 776-4949 CITY OF PALM BCH GDNS
The Country Club at Mimsol A 1 1600 Mirasol Way A Palm Beach Gardens, FL 334 18
P) 561 776 4949 F) 561 776 4943
M Taylor Woodrow
LYDIAN” BANK & TRUST
March 7,2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
10500 N. Military Trail
Palm Beach Gardens, FL 33410
l2E: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
Lydian Bank & Trust and Virtual Bank maintain two offices located within the PGA Boulevard
Corridor, and are coiiiinitted to participate as corporate citizens of Palm Beach Gardens. As the
employer of approximately 3 00 employees in our Palm Beach Gardens offices, with expectation
of significantly growing this number, we recognize the need lo be able to attract quality
employees to our institution.
I urge your support of the Employer Sponsored I-Iousing initiative proposed by Frenchman’s
Crcek as a step towards addressing this need which is vital to the economic health and vitality of
the City of Palm Beach Gardens.
Sincerely,
Rich P. Bursek, Executive Vice President, COO
Lydian Bank & Trust
180 Royal Palm Way
I’alm Hciich. Florida 334RO
lelephoiic 56 1-5 14-4900
Facsimile 561-5 14-4908
www.lydiilnbank.com
3101 PGA Boulevard
Palm Beach Gardens, FL 3341 0
551.775.051 0 Main
561.630.7297 Fax
THE FORBES COMPANY
March 26,2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
As you know, The Forbes Company owns and operates The Gardens Mall located on PGA
Boulevard.
The Forbes Company and our tenants face the constant challenge of attracting qualified
employees, in large part due to the need for attainable housing within a proximity to The
Gardens Mall.
As such, The Forbes Company strongly urges your favorable consideration of the Employer
Sponsored Housing initiative, Petition No. LDRA-07-0 1-0000 1 1, supported by your professional
Staff.
Thomas Cairnes
Director of Construction
The Forbes Company
3 10 1 PGA Boulevard
Palm Beach Gardens, FL 33410
(561) 622-21 15
CITY OF PALM BCH GDNS
PL4NNING & ZONING DIV
COMERICA PB PAGE 01/01
Wealth & lnstltutional Management
Comerlca Bank 1800 Cowate Blvd., NW
Boca Raton, Florida 33431.7394
March 23,2007
City of Palm Beach Gardens
Planning & Zoning Board
ATTN: Chairman Craig Kunkle
1 OS00 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Employer Sponsored Housing Ordinance
Dear Chairman Kunkle:
Comerica Bank has offices at 2401 PGA Boulevard in the City of Palm Beach Gardens.
Cornenca Bank is among the latgest banking institutions in the.United States and is
committed to growing our presence in Palm Beach County, particularly in the City of
Palm Beach Gardens.
Comeria Bank recognizes the need for employers in Palm Beach Gardens to have the
ability to attract and retain qualified employees.
As such, I strongly urge your support of the Employer Sponsored'Housing initiative
proposed by Frenchman's Creek as supported by your Growth Management Staff.
Region a I Ma nag ing Director
Cornerica Bank
Direct: 561-2414834 NBtimal: 800-777-7198 Far: 561-241-4828 e-mall: rbneblers@cornerlea.com
CITY OF PALM BEACH GARDENS
NOTICE OF PUBLIC HEARING
BY THE
CITY COUNCIL
CITY OF PALM BEACH GARDENS, FLORIDA
PLEASE TAKE NOTICE that the CITY COUNCIL will conduct a Public
Hearing on May 17, 2007, at 7:OO p.m., or as soon thereafter as can be heard, at
the City Hall Building located at 10500 North Military Trail, Palm Beach Gardens,
Florida regarding:
2nd Reading - Ordinance 10,2007 - EMPLOYER SPONSORED HOUSING
Public Hearing Request and Consideration of Approval: A request initiated by
Stephen Mathison on behalf of Frenchmen's Creek, Inc., for an amendment to the
Land Development Regulations (LDRs), in order to provide for an Employer
Sponsored Housing program in the City of Palm Beach Gardens. Employer
sponsored housing is a private sector venture initiated when an employer
voluntarily provides living quarters for their employees with property they have
purchased. An employer, such as Frenchmen's Creek, may utilize the program to
house their employees in multi-family developments with over 500 units that have
buildings with more than five units under one roof. Currently, the LDRs allow a
maximum occupancy rate of four persons not related by blood or marriage in a
dwelling. The Applicant proposes an Employer Sponsored Housing program that
would allow an employer to house up to five employees not related by blood or
marriage in a three bedroom unit or a two bedroom unit with a den. In
consultation with the Applicant, staff has proposed protections to maintain the
integrity of the residential communities and included additional regulations to
further protect the public health, safety and welfare. Please note that the following
large multi-family developments, Union Square and San Matera, would be eligible
for the program if the City Council adopts the LDR amendment as proposed.
However, the total number of units in each development dedicated to employer
sponsored housing is limited to five percent of the community. Please also be
aware that the provisions of the ordinance will not alter, supersede or remove the
applicable HOA or POA restrictions. Furthermore, an applicant for the program
must include applicable HOA or POA consent in order to qualify.
All members of the public are invited to attend and participate in said public
hearing. All documents pertaining to said request may be inspected by the public
in the Growth Management Department (56 1-799-4243) located at the Municipal
Complex Building during regular business hours, Monday through Friday, 8:OO
a.m. - 5:OO p.m., except for holidays.
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 Clerks Office at 561-799-4122 no later
than 5 days prior to the public hearing if this assistance is required. For hearing
impaired assistance, please call the Florida Relay Service Numbers: 800-95 5-877 1
(TDD) or 800-955-8770 (VOICE).
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ORDINANCE IO, 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO EMPLOYER-
SPONSORED HOUSING; CREATING A NEW SECTION 78-193,
CODE OF ORDINANCES, TO BE ENTITLED “EMPLOYER-
SPONSORED HOUSING”; AMENDING SECTION 78-751, CODE OF
ORDINANCES, ENTITLED “DEFINITIONS”; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 78-751, Code of Ordinances, defines family as including a
group of not more than four (4) persons not related by blood or marriage, living together
as a single housekeeping unit in a dwelling; and
WHEREAS, the City has received a request (LDRA-07-01-000011) from Stephen
Mathison on behalf of Frenchman’s Creek, Inc. for approval of an amendment to the
land development regulations to create provisions for an Employer-Sponsored Housing
program; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; and
WHEREAS, this Land Development Regulations amendment petition (LDRA-07-
01-000011) was reviewed by the Planning, Zoning, and Appeals Board at public
hearings on March 6, 2007, and March 27, 2007 which recommended its denial by a
vote of 3-2; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the 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 78-193, Code of Ordinances, to be entitled “Employer-
Sponsored Housing” is hereby created to read as follows (deleted language is sktcken
Wwgh; new language is underlined):
Date Prepared: January 30,2007
Ordinance 10,2007
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Sec. 78-1 93. Emplover-Sponsored Housing.
(a) PurDose. Emplover-Sponsored Housing, pursuant to the criteria and
limitations provided herein, will assist in meetinq housing needs in the Citv
bv allowing the implementation of an approved management plan for
providinq emplovee living quarters at appropriate locations.
(b) Permitfed Locations. Emplover-Sponsored Housinq programs shall be
(c) Criteria. The Applicant shall demonstrate compliance with the followinq
criteria at the time of application:
The application shall be submitted bv a sinqle employer whose
place of business is located within the Citv of Palm Beach Gardens.
The application shall be solelv for providing emplovee livinq
q uarters.
The propertv subiect to the application shall be in a multi-familv
development with a minimum of 500 dwellinq units.
Occupancv shall be limited to a maximum of five (5) unrelated
persons occupying a three (3) bedroom unit or a two (2) bedroom
unit with a den. The altering of existing floor plans is prohibited.
The Applicant shall be the owner or lessee of a minimum of ten (IO)
dwelling units within the multi-familv development, and there shall
be no more than an aggregate maximum of five percent (5%) of the
units in said development participating in the program. If the owner
is not the Apdicant, the Applicant shall submit a notarized affidavit
indicating the owner’s consent to participate in the program.
(d) Manaqement Plan. At the time of application, the Applicant shall provide a
manaqement plan, which at a minimum shall contain the followinq
elements:
(1) Documentation that demonstrates that the application meets the
criteria for the program.
(2) Provision for a single point of contact responsible for the program.
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(3)
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(8)
Date Prepared: January 30,2007
Ordinance 10, 2007
A plan for transportation of employees to and from the place of
employment.
Estimated term of existence of the Employer-Sponsored Housinq
proqram.
Estimated turnover of occupancy of employees, i.e., minimum
months’ stay for each employee.
Examples of any additional elements to the manaqement plan that
would benefit employees and/or mitiqate potential impacts to the
communitv as requested by the City.
If a two (2) bedroom unit with a den is used in the program, the
Applicant shall demonstrate that adequate Parking is beinq
provided by meetinq the minimum requirements in accordance with
City Code, or bv restricting the number of parking spaces used to
two spaces.
Review, Approval and Appeal. All Employer-Sponsored Housinq
applications shall be reviewed by Growth Management Staff and shall be
approved in writing by the Growth Manaqement Director only upon
demonstration by the Applicant of compliance with Sections (b), (c), and
Id) above. Upon denial of an application, the Applicant may appeal the
Growth Management Director’s decision in accordance with City Code.
Upon approval of the application, the Applicant shall maintain the
Employer-Sponsored Housing program for a minimum of five (5) years.
Annual Report. For a minimum period of five (5) years after approval of
the Employer-Sponsored Housing application, the Apdicant shall provide
an annual report on the anniversary of approval demonstrating continued
compliance with Sections (b), (c), and (d) above. Should the Applicant
continue the Employer-Sponsored Housing program beyond the minimum
five (5) vear period, the said Applicant shall file with the Growth
Management Director annual reports demonstrating such compliance until
the Employer-Sponsored Housinq Drogram is terminated, either by the
Applicant or as set forth in Section (g) below.
Revocafionflerminafion. An approved Employer-Sponsored Housinq
proqram shall be revoked or terminated upon the followinq:
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Ordinance 10,2007
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(1) The Applicant’s failure to maintain the Employer-Sponsored
Housinq program in accordance with Sections (b), (c), and (d)
provided herein, including, but not limited to, compliance with all
aspects of the approved management plan.
(2) The Applicant’s failure to file an annual report, as required herein,
or the Applicant’s failure to demonstrate continued compliance with
the approved program in an annual report.
(3) The sale of anv dwelling unit included in the plan.
(h) Effect of Revocation/Terrnination. Upon revocation or termination of an
approved Emplover-Sponsored Housing plan, occupancy of anv units
included in the approved plan shall be limited to a maximum of four (4)
unrelated persons or as otherwise provided for in the Code of Ordinances.
SECTION 3. Section 78-751 Code of Ordinances entitled “Definitions” is hereby
; new language is amended to read as follows (deleted language is
u nderl i ned):
Sec. 78-751. Definitions.
Erndover-sponsored housing means a multi-familv dwelling approved bv the Citv as
part of the Emplover-Sponsored Housing program, designed solelv to house employee
livinq quarters at a maximum occupancv of five (5) persons not related bv blood or
marriage, living together as a single housekeeping unit in a three (3) bedroom or a two
/2) bedroom with a den.
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
4
Date Prepared: January 30,2007
Ordinance 10,2007
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PASSED this 3 rC0 day of h W , 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
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, 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\ rnployer sp
FOR AGAINST
nsored housing - ord 10 2007-as revised at 1st re
5
ABSENT
ding.doc
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 18,2007
Meeting Date: June 7,2007
Ordinance 18,2007
SubjectlAgenda Item
Ordinance 18, 2007: Ordinance Relating to Drought-Related Water Restrictions.
Second ReadingKonsideration of Approval: An Ordinance authorizing the City Manager
to implement necessary modifications to the requirements for landscaping installation
during periods of drought.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
teviewed by:
'lanning & Zoning
Iivision
ralal Benothman, AI P F
Xy Attorney
levelopment Compliance
NIA
Bahareh Wolfs. AlCP
Growth Management
Kara L. Irwin, AlCP
Approved By:
3riginating Dept.:
Srowth
Management:
Mark Hendkkson
City Forester
Advertised:
Date: 511 3/07
Paper: The Palm
Beach Post
[ ] Not Required
,
Affected parties:
[ ] Notified
[XI Not Required
:IN AN CE:
2osts:
6 NIA
Total
5 NIA
Current FY
Funding Source:
i ] Operating
[XI Other NIA
Budget Acct.#:
NA
:ity Council Action:
] Approved
] App. wI conditions
] Denied
] Rec. approval
] Rec. app. w/ conds.
] Rec. Denial
] Continued to:
qttachments:
Ordinance 18,2007
Date Prepared: May 18,2007
Meeting Date: June 7,2007
Ordinance 18,2007
EXECUTIVE SUMMARY
The proposed Ordinance is a City-initiated response to the current water shortage as a
result of the deficit of rainfall which has impacted the City of Palm Beach Gardens. This
Ordinance seeks to provide relief for the installation of landscape material during this
period of drought. City Council approved Ordinance 18, 2007 unanimously on first
reading at the May 17, 2007 meeting. Staff recommends approval of Ordinance 18,
2007.
BACKGROUND
On March 22, 2007, the Governing Board of the South Florida Water Management
District (SFWMD) issued an Emergency Order declaring a Phase I Water Shortage. The
water sources subject to the Emergency Order are the sutficial aquifer and surface
waters within the water use basins that encompass the entire City of Palm Beach
Gardens. On April 12, 2007, SFWMD declared a Phase II Water Shortage due to
intensified water resource concerns resulting from deficit rainfall which has significantly
contributed to the current low water levels within the Water ‘Conservation Areas and
Lake Okeechobee.
As a result of the Phase II watering restrictions and subsequent SFWMD declaration of
Phase 111 Water Shortage on May 10, 2007, it is staffs recommendation to allow our
residents the ability to defer landscape installation until such time water conservation
measures are no longer required. As most plant materials require sufficient water to
survive, installing vegetation at this time will decrease its chance of survival. Therefore,
staff feels it is an inefficient use of resources to require installation of landscaping during
this period of drought. It is in the public interest and safety of the community that
reasonable accommodations be made to prevent landscape materials from being
installed, only to fail due to the lack of water.
This proposed Ordinance would allow the deferral of landscape installation
requirements on a case-by-case basis as determined by the City Manager, as
established by development order conditions, code enforcement deadlines, community
grant program timeframes, City initiated landscape improvements and any requirements
of the City’s Land Development Regulations (LDRs) until such time water conservation
measures are no longer necessary. Please note that this Ordinance shall in no way
diminish the amount of plant material as required by previous development order
approvals, code enforcement deadlines, and requirements established by the City’s
LDRs. The Ordinance seeks only to defer the installation of such materials until
sufficient watering needs can be met.
PREVIOUS CITY COUNCIL ACTION
On May 17, 2007, the City Council voted 5 - 0 to approve Ordinance 18, 2007 on First
Reading.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 18,2007.
2
Date Prepared: May 4,2007
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ORDINANCE 18,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO DROUGHT-
RELATED WATER RESTRICTIONS; AUTHORIZING THE CITY
MANAGER TO IMPLEMENT NECESSARY MODIFICATIONS TO
THE REQUIREMENTS FOR LANDSCAPING INSTALLATION
DURING PERIODS OF DROUGHT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida continues to experience extreme dry weather condition
and according to the National Drought Mitigation Center, Palm Beach Gardens is experiencing
Extreme Drought conditions; and
WHEREAS, dry weather conditions are forecast for the foreseeable future; and
WHEREAS, the South Florida Water Management District has the authority and
obligation to protect Florida’s water resources and to administer and enforce the provisions of
Chapter 373, Florida Statutes; and
WHEREAS, pursuant to that authority, the South Florida Water Management District has
implemented Phase II water restrictions for an area that encompasses the City of Palm Beach
Gardens; and
WHEREAS, such restrictions are anticipated to remain in effect for many months, and if
the drought continues and water levels continue to drop, restrictions could become more
severe; and
WHEREAS, such water restrictions directly impact the ability of new development within
the City to comply with landscape installation deadlines established by the City’s Land
Development Regulations and various development order conditions of approval; and
WHEREAS, it is in the public interest and for the safety of the community that
reasonable accommodations be made to the development review and building permitting
process to assure that construction, reconstruction, and repairs will be conducted and
completed in a timely and safe manner; 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:
Date Prepared: May 4,2007
Ordinance 18,2007
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SECTION 1. The City Manager is empowered to implement such modifications as
he may deem necessary to the landscape installation requirements of the City’s Land
Development Regulations, conditions of approval of development orders related to
landscape installation, code enforcement deadlines, community grant timeframes, City
initiated landscape improvements and any other landscape installation requirements under
the jurisdiction of the City.
SECTION 2. This Ordinance shall become effective immediately upon adoption.
PASSED this day of , 2007, upon first reading.
day of , 2007, upon PASSED AND ADOPTED this
second and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, 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\Emergency Landscaping Ordinance 18 2007.doc
2
City of Palm Beach Gardens
Council Agenda
June 7,2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
June 7,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
JII. ROLLCALL
pd&J- J III. ADDITIONS. DELETIONS, MODIFICATIONS:
j -0
IV ANNOUNCEMENTS / PRESENTATIONS:
Jb.
/Page 5) Kim Delaney, Treasure Coast Regional Planning Council - discussion on
Transit Oriented Development.
JPape 6) Landscaping and Utility Standards within the City of Palm Beach
Gardens.
dV. ITEMS OF RESIDENT INTEREST AND BOARDKOMMI'ITEE REPORTS:
t/ VL CITY MANAGER REPORT
VIL COMMENTS FROM TEE PUBLIC: (For Items Not on the Agenda, Dlease submit
reauest form to the Citv Clerk Drior to this Item)
MIL CONSENT AGENDA:
a JPaPe 7) Approve Minutes fiom April 5, 2007 regular City Council meeting.
b. [PaPe 13) Approve Minutes fiom May 3,2007 regular City Council meeting.
C. [Staff ReDort on Pwe 20. Resolution on Pwe 22) Resolution 47, 2007 -
Pavement Contract. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an Agreement for pavement resurfacing services in an
amount not to exceed $200,000.00 with Ranger Construction Industries, Inc. via
an existing contract with the Village of Wellington (contract No. 004-07);
authorizing the Mayor and the City Clerk to execute the agreement; and providing
an effective date.
d.
e.
JStaff Report on Page 45. Resolution on PaPe 47) Resolution 49. 2007 -
Contract award. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a contract award to Ahrens Companies for the
construction of a pre-engineered metal building for the purpose of servicing City
vehicles at the Public Works facility; authorizing the Mayor and City Clerk to
execute such contract; and providing an effective date.
{Staff ReDort on Pwe 143, Resolution on Page 145) Resolution 54, 2007 -
Work authorization. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a work authorization and Notice to Proceed to
Landscape Service Professionals, Inc., based on its annual landscaping and
irrigation contract dated September 15, 2005, for materials and installation of
irrigation improvements at PGA National Park; and providing an effective date.
[Staff Renort on Page 151, Resollition on Page 153) Resolution 55, 2007 -
Work authorization. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a work authorization and Notice to Proceed to
Landscape Service Professionals, Inc., based on its annual landscaping and
irrigation services contract dated September 15, 2005, for materials and
installation of landscaping improvements at Burns Road Community Recreation
Center; and providing for an effective date.
JPaPe 161) Quarterly Financial Report.
JPage 201 LProclamation - recognition of Sam Martin for thirty-eight (38) years
of service.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
a. In on &solution 7, 2007
gnage. A K~SOM~O~ of the City Council
VI the - City of Palm Beach Gardens, riorida amending the Donald Ross Village
Slanned Unit Development (PUD) to allow an increase in the size of the signage
&n the West elevation of the hotel from 36 square feet to 53 square feet (Building %) and approving a waiver from Section 78-285, code of ordinances, to allow for
lone additional flathall sign for each tenant located in buildings A, B, C, I:
K within the Donald Ross Village PUD, generally bounded by Donald Ross
%ad to the North, Central Boulevard to the West, and Military Trail to the East,
‘as more particularly described here@ providing waivers; providing conditions of
‘- aff Renort on Page 202, Rr
lend the Donald Ross Village YUL
approval; and providing an effective date.
W
I
c
r
D
t
Part I1 - Non-Quasi-iudicial
a.
b.
X.
XI
XII.
XIII.
XIV.
(Staff Report on Pape 307, Ordinance on Pape 397) Ordinance 10. 2007 - (2nd
reading and adoption) Employer Sponsored Housing. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to Employer-
Sponsored Housing; creating a new Section 78-193, Code of Ordinances, to be
entitled "Employer-Sponsored Housing"; amending Section 78-75 1 , Code of
Ordinances, entitled "Definitions"; providing for codification; and providing an
effective date.
(Staff Report on Page 402, Orciiii;tnctx on Page 404)- 1IIIIK;E: 10, LW I - \.L
reading and adoption) Drought-Related Water Restrictions. An Ordinance of the
4City Council of the City of Palm Beach Gardens, Florida relating to Drought-
mRelated Water Restridions; authorizing the City Manager to implement necessary
,mdfidons to the requkements for 1andscaDinn installation during Deriods of
ddrought; and providing an effective date.
PLEASE TME NOTICE AND BE ADVISED that if any interested pa^?^ wishes to appeal
any decision ma& by the City Corrncil with respect to any matter considered at this public
hearing, such interestedpersons will need a record of the proceedings and may need to ensure
thai a verbatim record is ma&, including the testimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and Section 28426, Florida Statutes,
persons math disabilities needing special accommodations in order to participate in this
proceeding are entitled to the ptvvision of certain assistance at no cost Hease call the City
Clerk's office at 561-799-4122 no later than 5 days prior lo the Mng if this assistance is
required For Mng impaired midance, pkase call the FIorida Re@ Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
RESOLUTIONS:
ORDINANCES: (For Consideration on First Reading)
ITEMS FOR COUNCIL ACTION/DISCUSSION:
CITY ATTORNEY REPORT
ci77 ~hpb Euoi~-Ac.v\. (fi~~d't
ADJOURNMENT
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
City of Palm Beach Gardens
Council Agenda
June 7,2007
Mayor Russo
Vice Mayor Levy
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Council Member Jablin
Council Member Valeche
Council Member Barnett
I.
11.
v*
VI.
VII.
..*&.&A
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
June 7,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS. DELETIONS. MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a. JPwe 51 Kim Delaney, Treasure Coast Regional Planning Council - discussion on
Transit Oriented Development.
b. pane 61 Landscaping and Utility Standards within the City of Palm Beach
Gardens.
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
reauest form to the City Clerk prior to this Item) q:a I p VIII. CONSENT AGENDA:
a. page 71 Approve Minutes from April 5,2007 regular City Council meeting.
b. JPaee 131 Approve Minutes from May 3,2007 regular City Council meeting.
JStaff Remrt on Page 20. Resolution on Pave 221 Resolution 47, 2007 -
Pavement Contract. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an Agreement for pavement resurfacing services in an
amount not to exceed $200,000.00 with Ranger Construction Industries, Inc. via
an existing contract with the Village of Wellington (contract No. 004-07);
authorizing the Mayor and the City Clerk to execute the agreement; and providing
an effective date.
d. @taff Report on Page 45. Resoletiom 014 Page 471 Resolution 49, 2007 -
Contract award. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a contract award to Ahrens Companies for the
construction of a pre-engineered metal building for the purpose of servicing City
vehicles at the Public Works facility; authorizing the Mayor and City Clerk to
execute such contract; and providing an effective date.
e.
f
flhff, ReDort Qn !' aw 143. Reso Won on .Pane 6451 Resolution 54, 2007 -
Work authorization. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a work authorization and Notice to Proceed to
Landscape Service Professionals, Inc., based on its annual landscaping and
irrigation contract dated Sehember 15, 2005, for materials and installation of
irrigation improvements at PGA National Park; and providing an effective date.
/Staff Report on Page 15 1, Resolution on Page 1531 Resolution 55, 2007 -
Work authorization. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a work authorization and Notice to Proceed to
Landscape Service Professionals, Inc., based on its annual landscaping and
irrigation services contract dated September 15, 2005, for materials and
installation of landscaping improvements at Burns Road Community Recreation
Center; and providing for an effective date.
/Page 161) Quarterly Financial Report.
lFane 2011 Proclamation - recognition of Sam Martin for thirty-eight (38) years
of service.
IX. JVJBLIC HEARINGS:
part I - Qua a&--
q'al a. gtaff ReDort on Pane 202, ResQiution on he: e 273) Resolution 7, 2007 -
Amend the Donald Ross Village PUD signage. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida amending the Donald Ross Village
Planned Unit Development (PUD) to allow an increase in the size of the signage
on the West elevation of the hotel from 36 square feet to 53 square feet (Building
H) and approving a waiver from Section 78-285, code of ordinances, to allow for
one additional flat/wall sign for each tenant located in buildings A, B, C, D, I, J,
and K within the Donald Ross Village PUD, generally bounded by Donald Ross
Road to the North, Central Boulevard to the West, and Military Trail to the East,
as more particularly described herein; providing waivers; providing conditions of
approval; and providing an effective date.
,@d@ Po5
$61~7
part I1 - Non-Qyasi-IydiciaI
i
a. JStaff Report on Pam 307, Ordinance on PaPe 3971 Ordinance 10,2007 - (2nd
reading and adoption) Employer Sponsored Housing. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to Employer-
Sponsored Housing; creating a new Section 78-193, Code of Ordinances, to be
entitled “Employer-Sponsored Housing”; amending Section 78-75 1, Code of
Ordinances, entitled “Definitions”; providing for codification; and providing an
effective date.
(pvcc~
b. IStaff Report on Page 402. Ordinance 49 Page 404) Ordinance 18,2007 - (2nd
reading and adoption) Drought-Related Water Restrictions. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida relating to Drought-
Related Water Restrictions; authorizing the City Manager to implement necessary
modifications to the requirements for landscaping installation during periods of
drought; and providing an effective date.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII.
XIV.
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 interestedpersons 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 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Prin Name: A&L&&S C-ZJ Address: 10 y4 %Ah, c( LAW City: Subject: \ab< QN
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
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: C* t!J I Address: Sv2 ’ Pa WVP W+l v.4-[L&7)& / p’ City: r7‘
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
COMMENTS FROM THE PUBLIC Request to Address City Council Please Prin
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: D ObA)/q J:j.usEM m!- Address: dE LEX/NG7zl/U m7- M City: Subject : PGA
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: SOSEy Address: 144 RarrrnE City: Pf36 Subject : ORD 10
Members of the public may address the City Council during the ccComments 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: \To 73 I L.&i% Lo Address: Subject: -2007
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 I 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: Address: 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 Please Print Name: City: 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.
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.
CITY COUNCIL MEETING 06/07/07
PROPOSED ADDITIONS, DELETIONS AND MODlFICATIONS
ADDITIONS:
DELETIONS:
NONE
UNDER:
PUBLIC HEARINGS: Part I - Ouasi-iudicial
Resolution 7,2007 - Donald Ross Village PUD signage
The applicant has requested this petition be
continued to June 21, 2007 due to an error
contained in the applicant's certified mailers. The
applicant has corrected the error and has re-sent
the certified mailers.
UNDER:
PUBLIC HEARINGS: Part II - Non-Quasi-iudicial
Ordinance 10, 2007 - Employer Sponsored
Housing on for 2nd reading and adoption.
The applicant has withdrawn their petition. The
written request is on file and a copy has been
distributed to all Council.
MODIFICATIONS: NONE
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What is TOD?
Transit-Oriented De velopment
TOD Benefits & Objectives I
* Increase ridership . . . get people living Wor working
Provide convenient services (e.g., cleaners, shoe
as close as possible to transit stop
repair, child care, video rental, groceries) - I' Add civic, cultural, & ... entertainment uses
Multi-modal integration wid ' ... other forms oftransit I
Make it pedestrian-friendly ... & fim to use
I
m
Prepared by TCRPC (June 2007) I
TOD 101 Presentation for PBG City
’ Council
TOD vs. TAD
Transit Oriented
9 Transit Adjacent
- Autooriented uses - Large surface parlang lots
- Big-box format retail
- SubUrba office campuses
- Pedestrian unfrimdly
Why Should I Care about
TOD and Transit?
‘IF1 I
Prepared by TCRPC (June 2007) 2
'* ;$!&"$
F TOD 101 Presentation for PBG City
' Council
II
Congestion or Mobility
52 extra hours per year are
spent stuck in traMic by the
average S. Fla Commuter
(up from 30 hours in 1990)
Congestion or Mobility
South Florida's congestion
costs, based on wasted time
and fuel, were approximately
$2.6 Billion in 2002
Prepared by TCRPC (June 2007) 3
TOD 101 Presentation for PBG City
' Council
f We're UnsuccessfuI . . . .
. . . The Future Looks Pretty scar
Design Features Of Well-Planned TODs
Demographic Suitability . Population, households & employment within . . . %-mile radius around station
Streets and Blocks . Primary focus on pedestrians; cars are secondary
Streets narrow enough to cross easily on foot
A-
. Continuous sidewaks I.
' Blocks of 400-600 LF . ADA accessibility
Design Features Of Well-Planned TODs
Good Mixture of Buildings and Uses . Mix of retail, office, restaurants, residential
. . . and others . Creates 18 hours of daily activity
1 "Eyes on the Street" provides natural surveillance
Prepared by TCRPC (June 2007) 4
TOD 101 Presentation for PBG City
Council
Design Features Of Well-Planned TODs
Building Design & Placement
Properly located buildings create walkable streets . Active uses along ground floors; residential & .... office above
m Continuous “pedestrian itinerary” without large
. . .tracts of vacant land or surface parking lots
Building fronts face other fronts; transition at rear
. . .property lines; windows &
. . . doors at street edge
-c-
1 Design Features Of Well-Planned TODs I
~ Proper Parking Placement & Treatment
m Adequate parking, but not an oversupply . Shared & structured parking (design & economics) . Located to create pedestrian patrons for businesses
Additional Considerations . Tie-in with local transit
(bus, trolley, other) . Public open space
a Civic & cultural uses I
I Auto or Development ’
Oriented?
community
Prepared by TCRPC (June 2007) 5
TOD 101 Presentation for PBG City
Council
Every TOD is unique,
varies by context,
and reflects its market.. .
I TOD Twolow
Why is TOD
Important for
Palm Beach Gardens,
Palm Beach County,
& the Region?
18
Prepared by TCRPC (June 2007) 6
.
TOD 101 Presentation for PBG City
’ Council
Ridership & System Viability
Increases potential riders - especially
“choice riders” around stations
Allows transit to replace auto trips
System becomes safer
& more attractive with I I
“natura1 surveillance” E II
Money & FTA Ratings
Increases potential (FTA rating points)
for funding system expansion
9 Increases FTA land use rating
- Since 1997, the FTA has reviewed land use
when evaluating new funding applications.
- Regions compete with each otha for funding.
South Rorida East Coast Corridor Study
(a.k.a. FEC Corridor)
. .I I --- --- -I
Prepared by TCRPC (June 2007) 7
TOD 101 Presentation for PBG City
' Council
arts Evaluation
SFECC Study - Station Suitability Matrix
I I
Prepared by TCRPC (June 2007) 8
TOD 101 Presentation for PBG City
Council
word Countv
a
Changing Market Demand 3 TOD
Household size is shrinking
Baby boomers are becoming empty nesters
who want smaller homes with more
amenities
9 Echo boomers (24-34) want small lot
housing & mixed-use neighborhoods
“Traditional” nuclear family was 40% of
households in 1970 - it’s only 24% today
27
Prepared by TCRPC (June 2007) 9
TOD 101 Presentation for PBG City
Council
28
I I
~ TOD Projected Housing Demand I
Population go& & demographics will incnase transit danand and
housing demand, especially dong transit lines.
TOD => Higher Property &dues
I
I Overall, TOD's are bccominz the fpcler-amreciatinz I I -- -- I
propertier in metro regiom across the US, averaging
15-30% D&U~S over comparable non-transit sites 3o
Prepared by TCRPC (June 2007) 10
TOD 101 Presentation for PBG City
Council
A Bird’s Eye View of
Palm Beach Gardens
]General Station Area (potentially)
33
Quartor-Mile = 1320’ tiaif-~iie = 2840’
Prepared by TCRPC (June 2007) 11
TOD 101 Presentation for PBG City
Council
TOD-Related Work Underwav ...
SFECC Study Outreach (TOD analysis - design
SFRTA FTA Ratings (mapping & analysis to
TOD Concurrency Standards
1 & codes/plans to boost scores)
boost scores)
- Amendments to Palm Beach County’s Comprehensive
- Reinterpretation of FDOT Level-of-Service (for SIS
- TOD Definitions & Qualifiers for FDOT
TOD Pattern Book & Model Language
Other TOD Projects in Palm Beach County
Plan & ULDC
FacilitiedConnectors)
(West Palm Beach, Boynton Beach, Delray Beach,
Lake Worth, Boca Raton, Mangonia Park Jupiter7
Where Do You
Go From Here?
36
Prepared by TCRPC (June 2007) 12
TOD 101 Presentation for PBG City
Cou n ci I
Prepared by TCRPC (June 2007) 13
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, Sam Martin started his career with the City of Palm Beach
Gardens in August, 1969; and
WHEREAS, Mr. Martin has witnessed and has been an integral part of the
extraordinary growth of the City of Palm Beach Gardens and of the Public Works
Department in his 38 years of service to the community,· and
WHEREAS, Mr. Martin has been recognized by his supervisors, residents
and peers for his assistance with the South Florida Blood Bank Drive, coverage
during hurricanes, the PGA Blvd. Turnpike overpass pedestrian sidewalk, graffiti
removal, Neighborhood Watch signs, assistance with the Honda Classic, Riverside
Community Center parking lot, and support during the Fire Rescue 4()th
Anniversary Open House; and
WHEREAS, Mr. Martin should be honored in a manner befitting a public
employee by City staff and residents for serving the public and for hi.s dedication,·
and
NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach
Gardens, do hereby extend our best wishes to Sam Martin and honor him with a key
to the City in recognition of his hard work, commitment and service to the City of
Palm Beach Gardens.
ATTEST:
P~A!C,C#yCkrk
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the City of Palm Beach
Gardens, Florida, to be affixed this
7th Day of June, in the year Two
Thousand and Seven