HomeMy WebLinkAboutAgenda Council Agenda 071907City of Palm Beach Gardens
Council Agenda
July 19, 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
July 19, 2007
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. The proposed maximum millage rate for fiscal year 2007/2008, setting the date,
time and place for the first budget hearing.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
a. (Page 5) Report on Special Events Process.
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 238) Approve Minutes from June 7, 2007 regular City Council meeting.
b. (Staff Report on Page 243, Resolution on Page 246) Resolution 61, 2007 -
Traffic Control Agreement. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving an Agreement for Traffic Control Jurisdiction
between the City of Palm Beach Gardens and Catalina Lakes Homeowners
Association, Inc.; and providing an effective date.
c. (Staff Report on Page 251, Resolution on Page 253) Resolution 68, 2007 –
Award of the Janitorial Services Contract. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving an Agreement to German’s
Maintenance Service, Inc. to provide Janitorial Services within municipal
buildings specified in Request for Proposal No. 2007-03; authorizing the Mayor
and the City Clerk to execute said agreement; and providing an effective date.
d. (Staff Report on Page 320, Resolution on Page 322) Resolution 69, 2007 -
Agreement with Hickman Community Services. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a Master
Contractor/Services Agreement with Hickman Community Services, LLC for
Roofing Supplies and Related Services following a natural disaster; authorizing
the Mayor and the City Clerk to execute the Agreement; and providing an
effective date.
e. (Staff Report on Page 345, Resolution on Page 347) Resolution 72, 2007 -
Maintenance Memorandum of Agreement. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving a Maintenance Memorandum
of Agreement with the Florida Department of Transportation for State Road 9 (I-
95) at the PGA Boulevard Interchange; and providing an effective date.
f. (Page 420) Proclamation – National Recreation and Parks Month.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 421, Resolution on Page 423) Resolution 70, 2007 -
Trinity United Methodist Church Plat. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the Trinity United Methodist
Church of Palm Beach Gardens Plat; and providing an effective date.
Part II – Non-Quasi-judicial
Part III – Workshop
a. (Staff Report on Page 428, Resolution on Page 439) Resolution 10, 2007 -
Memorandum of Agreement. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida establishing the intent of the City to enter into a
Memorandum of Agreement with the Office of Tourism, Trade, and Economic
Development for the review of eligible Bioscience / Life Science projects within
the Bioscience Research Protection Overlay; and providing an effective date.
X. RESOLUTIONS:
a. (Staff Report on Page 469, Resolution on Page 472) Resolution 64, 2007 -
Appointment of members to the Art in Public Places Advisory Board. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the appointment of regular and alternate members to the Art in Public
Places Advisory Board; and providing an effective date.
b. (Staff Report on Page 488, Resolution on Page 490) Resolution 65, 2007 -
Adopting a proposed maximum millage rate. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida adopting a proposed maximum millage
rate for the City of Palm Beach Gardens for fiscal Year 2007/2008, setting the
date, time and place for the first budget hearing; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
a. (Page 492) Request for reimbursement of attorneys’ fees.
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 13,2007
Meeting Date: July 19,2007
SubjectlAgenda Item:
Presentations Update on Special Event Permit Process
[ ] Recommend approval
[ ] Recommend denial
/ Reviewed by :
City Attorney
Administrator
Kara L. Irwin, AICP
Approved By:
Originating Dept.:
City Council
Advertised:
[X 3 Not Required
Affected parties:
[ 3 Notified
[XI Not Required
FINANCE:
Costs: $N/A
Total
$- N/A-
Current FY
Funding Source:
[ ]Operating
[XI Other N/A
Budget Acct.#:
NA
Attachments:
Power Point
Presentation
June 7,2007
Memorandum from City
Attorney to Growth
Management
Administrator
June 8,2007
Memorandum from
Councilmember Barnett
to City
June 13,2007 Response
from City Attorney to
Councilmember Barnett
Email correspondence
between Vito
DeFrancesco and Kara
Irwin
Chapter 6 Code of
Ordinances
Amended and restated
Landscape Buffer
Easement dated 1995
Assignment of
Landscape Buffer
Easement
Copies of 2007 Special
Event Permits for PGA
Commons
Date Prepared: June 13,2007
Meeting Date: July 19,2007
Page 2 of 2
BACKGROUND
At the June 7, 2007 Council Meeting, Vito DeFrancesco presented information to the City
Council concerning Special Events held at the PGA Commons, in particular relating to the
consumption of alcoholic beverages at such Special Events. Council requested that Staff provide
an update on these issues at the next Council meeting. Subsequently, Councilmember Barnett
submitted a Memorandum to the City Attorney, requesting responses to a number of questions
related to the Special Events at the PGA Commons, and requesting copies of permits for all
Special Events held at the PGA Commons during 2007.
Staff has assembled the attached documents, including a Power Point presentation on the Special
Event Permit process and the Alcoholic Beverage Licensing process in the City, and including
copies of all Special Event Permits for the PGA Commons for 2007.
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CITY OF PALM BEACH GARDENS
DATE: June 7,2007
TO: Kara Irwin, Growth Management Admini r
FROM: Christine Tatum, City Attorne
C: Ron Ferris, City Manager
RE: PGA Boulevard Landscape Buffer Easement J
Request: The Growth Management Department has requested that I review the Grant
of Easement executed by the MacArthur Foundation to establish a fifty-five foot
landscape buffer adjacent to PGA Boulevard between the Turnpike and Military Trail,
and advise the Department of the effect of the easement on the properties encumbered
by the easement.
Backnround: In 1993, the MacArthur Foundation granted to the Northern Palm Beach
County Water Control District (NPBCWCD) a Landscape Buffer Easement along the
north and south sides of PGA Boulevard (referred to as the Parkway Premises). In
1994, the NPBCWCD and the City entered into a Landscaping Agreement which
required NPBCWCD to install certain median landscaping and to install certain portions
of the Landscape Buffer landscaping. In 1995, the NPBCWCD and MacArthur entered
into an Amended and Restated Grant of Easement which superseded the 1993
Easement. Subsequently, in 1997, this Landscape Buffer Easement was assigned the
City of Palm Beach Gardens.
The Grant of Easement was given to allow NPBCWCD the right to install, maintain, and
replace landscaping, sidewalks, pathways, benches, and other improvements on the
Parkway Premises. The instrument did not transfer title to the property to NPBCWCD
and did not make the Parkway Premises public property. The instrument granted only a
"nonexclusive right-of-way and easement for the purpose of the construction,
maintenance, repair, replacement, and operation of the Parkway Improvements on the
Parkway Premises, together with the right, permission, and authority to enter upon such
portions of the Parkway Premises as may be reasonably necessary for the purpose of
constructing, maintaining, repairing, replacing, and operating the Parkway
Improvements. . . ". The instrument clearly establishes that the underlying property
owner reserved the right to continue to use the Parkway Premises "for any reason and
in such manner as Grantor shall deem proper, in its sole discretion, provided said uses
are not inconsistent with the purposes recited in Paragraph 2 of this Agreement".
Additionally the property owner reserved the right to grant access and the right to use
the Parkway Premises to others.
i 7
Kara Irwin
June 7,2007
Page 2 of 2
Under the terms of the Easement, the property owner has the right and option to convey
its fee simple interest in the Parkway Premises to the Grantee at any time. That right
has never been exercised by the property owner, and as of this date, the fee simple title
to the Parkway Property remains in the Grantor and its successors.
Conclusion: It is my opinion that the use of portions of the fifty-five foot landscape
buffer easement by the underlying property owner for outdoor restaurant seating is
consistent with the Amended and Restated Grant of Easement dated January 25, 1995,
between the MacArthur Foundation and NPBCWCD (subsequently assigned to the City)
as long as the use does not interfere with the purpose of the Easement. To ensure this
non-interference, Growth Management staff should review the proposed location of
outdoor seating to determine that no inconsistency is created. Additionally, it must be
noted that the City’s Land Development Regulations (Section 78-221 ) provide additional
restrictions of the acceptable use of the buffer area. In particular, outdoor restaurant
seating is expressly permitted, but the location must be as specified in Section 78-221,
Code of Ordinances.
G :\attorney-s h are\MEMOS\Growth Management re 55 foot easemen t.doc
MEMORANDUM
Date: June 8, 2007
To: Christine Tatum, City Attorney
From: Jody Barnett, Councilwoman
cc: Ron Ferris, City Manager
Kara Irwin, Growth Management Administrator
Vito DeFrancesco
Subject: PGA Boulevard Landscape Buffer Easement
I am writing in response to your memo to Kara Irwin dated June 7,2007 regarding
the PGA Boulevard Landscape Buffer Easement. I do not believe your memo
responded directly to the issue as stated in the citizen request that prompted this
discussion, and I am therefore requesting further clarification.
Additionally, the answer given by Kara Irwin to Mr. DeFrancesco seemed to indicate
that there was no problem with citizens drinking on the north side of the sidewalk on
the south side of PGA Blvd. adjacent to the Commons. I am concerned with her
ana I ysi s .
I am requesting that you review the codes set forth below and answer the questions
as posed. Additionally, I would like to see copies of the special event permit
applications and approvals for all events held at the Commons this year. This
would assure Mr. DeFrancesco that there have not already been 11 events at the
Commons this year. There have been several back to back (On Saturdays and
Sundays that require special approval). The events broadcast on the Radio station
for every Friday night anticipate over 500 patrons each. The code states that
events expecting over 500 patrons requires a specific approval and is limited to a
certain number per year. Please forward this information to me and to Mr.
DeFrancesco as soon as possible.
Your help in the endeavor to clear up this matter is most appreciated.
1 Please expiain haw LIE North side of Lhe sidewalk at the Cornrnsns and
the parking !ot arcund the Cot-nt-i-~ons fits into cne sf ihe exciusicns as
defined In Sec. 6-1 of the City code.
Sec. 6-3. Limitation of sales on certain premises, places of business.
1.
to be consumed, any alcoholic beverages upon any premises or in any place or
places of business which do not meet the definition of and requirements for
premises or place of business as provided for and defined in section 6-1.
It shall be unlawful for any vendor to sell, offer for sale, or serve, or permit
2) Please specifically expiam which arciinance relates to your conc8usir;n
that the Nodh side sf the sidewalk at the Commsns (the right-of-way) and
the parking lot arcarnd the Commons is excluded from the foilowing city
code:
Sec. 6-8. Consumption, possession of alcoholic beverages in commercial
establishment parking lots or motor vehicles.
2.
shall apply unless the context clearly indicates or requires a different meaning.
Alcoholic beverage means any beverage containing more than one percent of
alcohol by weight, as determined in accordance with F.S. 5 561.01 (4)(b).
Beverage law means F.S. chs. 561, 562, 563, 564, 565, 567, and 568.
Commercial establishment parking lot means any area appurtenant to
commercial establishments used by the public for parking thereto.
Container means any can, bottle, carton, or other vessel of alcoholic beverage.
Motor vehicle means any land vehicle which is not powered by muscular power.
Public or semipublic area open for vehicular travel means all public roads,
streets, highways, lanes, alleys, parking lots, and parking areas on which the
public is expressly or implicitly invited to travel by motor vehicle or which is
otherwise open for vehicular travel. It shall not include areas such as golf
courses, go-cart tracks, motocross tracks, and similar areas, or private
driveways and property serving a single dwelling unit.
(a) Definitions. For the purpose of this section the following definitions
(b) Findings and declarations.
(1) The uncontrolled consumption of alcoholic beverages in and around
commercial establishment parking lots contributes to lewd behavior, verbal
harassment, intoxicated disorderly conduct, destruction of property, excessive
noise, and litter.
(2) The uncontrolled consumption of alcoholic beverages in and around
commercial establishment parking lots has led to an increase in the number of
violent crimes committed on and near those commercial establishment parking
lots.
(3) Individuals consuming alcoholic beverages in and around commercial
establishment parking lots deter the public's use and enjoyment of these areas.
(4) No effective means exist to deter the violent, disorderly, destructive, or
offensive conduct associated with the consumption of alcoholic beverages in
and around uncontrolled commercial establishment parking lots other than to
prohibit the consumption of alcohol in those areas.
(5) Consumption of alcoholic beverages or possession of open containers of
alcoholic beverages while in or on motor vehicles leads to and encourages the
operation and control of motor vehicles while impaired and distracting and
disorderly conduct of passengers including, but not limited to, littering.
(6) The uncontrolled consumption of alcoholic beverages in and around
commercial establishment parking lots and the consumption of alcohol in motor
vehicles is detrimental to the health, safety, and general welfare of the public.
(c) Prohibited acts. The following unlawful acts are prohibited:
(1) It shall be unlawful for any person to drink or consume any alcoholic
beverage in or within 500 feet of a commercial establishment parking lot in the
city, except in those areas in which such consumption is permitted pursuant to
the beverage law; special or general act of the state legislature; the state
administrative code; or city ordinance, resolution, or administrative approval.
Nothing in this section shall prohibit consumption on private property within 500
feet of a commercial establishment parking lot.
(2) It shall be unlawful for any person to possess any alcoholic beverage in or
within 500 feet of a commercial establishment parking lot in the city, except in
those areas in which such possession is permitted pursuant to the beverage law;
special or general act of the state legislature; the state administrative code; or
city ordinance, resolution, or administrative approval unless the alcoholic
beverage is in the original container with the seal unbroken.
(3) It shall be unlawful for any person to possess any container of alcoholic
beverage, except an original container with the seal unbroken, or to consume
any alcoholic beverage, in or on a motor vehicle being operated on a public or
semipublic area open for vehicular travel.
3) Please send me a copy of the part of the code you believe overrides Sec.
78-22? d (4) as stated below. An exception woiild be the only way the
City could aiiow drinking north of the public sidewalk on the south side of
PGA 8ouievard. Are you irying to say ,that ihe sidewaik arid !and to the
north cf the city sidewalk are covered by an administrative waiver granting
limited outdoor seating adjacent to the building'?
Sec. 78-221. PGA Boulevard corridor overlay - d (4) Special front setback
requirements.
1.
Farms Road having frontage on PGA Boulevard shall be subject to the special
front setback requirements listed below.
1. Structures and paved areas for motor vehicles, other than for ingress and
egress, shall not be installed or constructed within 55 feet of the road right-of-
way or future expanded right-of-way, whichever is greater. This requirement may
be varied by the city council to allow for art in public places, transit stops,
pedestrian amenities such as meandering sidewalks, kiosks, or signage within
the setback, and outdoor seating with or without service for restaurants. Outdoor
seating for restaurants shall be located north of the public sidewalk on the north
side of PGA Boulevard and south of the public sidewalk on the south side of
PGA Boulevard. At no time shall outdoor seating for restaurants encumber the
public sidewalk.
a. Consistent with subsection (c) herein, all lands west of Prosperity
I look forward to your response. Thank you for your attention to this matter.
CITY OF PALM BEACH GARDENS
DATE: June 13,2007
TO: Jody Barnett, Councilmember
FROM: Christine Tatum, City Attorney
C: Mayor and City Council
Ron Ferris, City Manager
Kara Irwin, Growth Management Administrator
RE: PGA Boulevard Landscape Buffer Easement
This memorandum is in response to your memorandum dated June 8, 2007, regarding
the PGA Boulevard Landscape Buffer Easement. I will address each of the questions
you have posed. Additionally, I would like to clarify that my June 7, 2007, Memorandum
to Kara Irwin was not written in response to a citizen request. It was written in response
to a request from Growth Management as part of the staff report and analysis for a
pending PUD amendment (MISC-07-02-000024) and was intended only to address the
legal implications of the Landscape Buffer Easement relative to proposed uses at the
Commons Ill project. I would also like to clarify that I am unable to find any reference in
the City Code which specifies a specific approval process based upon an expectation of
over 500 patrons at a Special Event.
I) Please explain iiow the l\Jor-th side of the sidewalk at the Commcns and the
parking lot around the Commons fits into one of the exclusions as defined in Sec.
6-1 sf the City code,
Although Sec. 6-1 of the City code does not contain exclusions, I assume you are
asking whether it is lawful to sell alcoholic beverages on the north side of sidewalk at
the Commons or in the parking lot of the Commons.
As my memo of June 7, 2007 explains, the property encumbered by the fifty-five foot
Landscape Buffer Easement is private property, and can be utilized by the owner for
any legal purpose not inconsistent with the installation and maintenance of landscaping
and the existing improvements. There is no distinction made in the Easement between
property north of the sidewalk or south of the sidewalk. Therefore, the Easement does
not implicitly or explicitly prohibit the sale or consumption of alcoholic beverages
anywhere within the property encumbered by the Easement.
Councilmember Barnett
June 13,2007
Page 2 of 3
Each of the establishments at the Commons which sell alcoholic beverages is required
to maintain an individual license from the State of Florida. As part of the process to
receive such a license, the applicant must submit a sketch which indicates its premises,
as “premises” is defined by Florida Statutes. See Section 561.01(1 I), Fla. Stat. (2006).
If the premises include an outdoor area, such area is depicted on the sketch and the
City must indicate to the State whether the area to be used is in compliance with local
codes. When the license is issued, alcoholic beverages can legally be sold and
consumed within the areas designated in the application.
Therefore, unless a Special Event Permit is obtained for the areas north of the sidewalk
(and a One/Two/Three Day Permit Per Florida Statute 561.422, Non-Profit Civic
Organizations from the State), sales and consumption of alcoholic beverages in the
area north of the sidewalk would be prohibited.
2) Please specifically explain which ordinance relates to your conciusion that the
North side of the sidewalk at the Commo!is (tRe right-of-way) and the parking lot
around the &omi?.ions is excl~ded from the folli?wi!ig city code:
Subject to the limitations explained in the response to Question 1, the City Code at
Section 6-8 (c) provides an explanation of when consumption of alcoholic beverages is
permitted :
“Prohibited acts. The following unlawful acts are prohibited:
It shall be unlawful for any person to drink or consume any alcoholic beverage
in or within 500 feet of a commercial establishment parking lot in the city,
except in those areas in which such consumption is permitted pursuant - to the beverage law; special or general act of the state legislature; the state
administrative code; or city ordinance, resolution, or administrative
approval. Nothinn in this section shall prohibit consumption on private
property within 500 feet of a commercial establishment parking lot.
Because all of the property encumbered by the Landscape Buffer Easement is private
property, Section 6-8 would not prohi bit consumption there. Furthermore, Section 6-8
would not prohibit consumption in a parking lot if an administrative approval were
granted for a Special Event pursuant to the City Code, and an appropriate State license
were obtained.
Councilmember Barnett
June 12,2007
Page 3 of 3
3) Piease send me a copy of the part sf the code you believe overrides Sec. 78-221 d
(4) 3s stated below. An exceptjon would be the anly way the City could abw
drinking north of the public sidewalk on :he soisih side af PGA Bourevard. Are yoti
trying to say tha! the side~”~alk arid !arid La the north of ltre city sidevalk are covered
by an administrative waiver granting limited outdoor seating adjacent to the biri!ding?
I do not believe there is any code which “overrides Section 78-221 d (4)” and I am not
trying to say that the sidewalk and land to the north of the city sidewalk are covered by
any administrative waiver. However, as previously explained, consumption could be
permitted north of the sidewalk with a Special Event Permit and the necessary State
License.
Christine Tatum
From:
Sent:
To:
Subject:
Attachments:
Kara Irwin
Wednesday, June 13,2007 158 PM
Christine Tatum
Fw: Emailing: Commons special event info.pdf
Special Event LDR.pdf; PGA BLVD Landscape Easementpdf
i ......... I :.........I
Special Event PGA BLVD
LDR.pdf (1 MB) idscape Easement.pl For your records
_____ Original Message -----
From: Kara Irwin
To: Debbie Andrea
Cc: Patty Snider; Christine Tatum; Brad Wiseman; Tala1 Benothman
Sent: Thu Jun 07 17:42:33 2007
Subject: RE: Emailing: Commons special event info.pdf
Mr. DeFrancesco,
I have received your public records request. I had attached the code that pertains to
special events for your review to the previous correspondence (attached again). The code
restricts each location or tenant to a maximum of 3 events per year, unless otherwise
approved by City Council. While each tenant is permitted up to three per year by code,
the overall maximum number of events for a commercial/office plaza is ten per year. So
while each tenant is permitted up to three, there can be no more than ten total in a
plaza, except in the case of anchor tenants who are exempt from the ten maximum
limitation. This requirement of ten maximum was to limit the overall number of events in
cases of multiple tenants (more than eleven).
In regards to your question of drinking on public property, I refer you to the attached
memo from the City Attorney to confirm my previous answer describing the property as
private and therefore not in violation.
Best Regards,
Kara Irwin
_____ Original Message-----
From: Debbie Andrea
Sent: Monday, June 04, 2007 8:lO AM
To: Christine Tatum; Patty Snider; Kara Irwin; Ron Ferris
Subject: FW: Emailing: Commons special event info.pdf
Here is an emailed I received from Vito.
Debbie Andrea
Public Information Coordinator
City of Palm Beach Gardens
799-4194
_____ Original Message-----
From: vitodef@gmail.com [mailto:vitodef@gmail.coml
Sent: Saturday, June 02, 2007 2:29 AM
To: Debbie Andrea
CC: Joseph Russo; Hal Valeche; David Levy; Jody Barnett; Eileen Tucker
Subject: Re: Emailing: Commons special event info.pdf
pursuant to Florida Records Act, Chapter 119 of the Florida Statues I am requesting the
1
following public records:
Debbie,
Thank you for your response but part of the answer provided by Kara is still in question
about public drinking. Kara stated that the special event was held on private property
and therefore the LDR code does not apply.
Additionally, Kara did not answer the question I asked about outdoor seating within the
55' PGA green space but only mentioned the special event. The property directly in front
of the Commons along PGA Blvd is in the PGA 55'
buffer is not private property but common City property. This is the area were drinking
occurred that I witnessed. I actually took photos of the event if you should need them.
Drinking occurs on this site on a daily basis in the outdoor seating in full view of the
public. The following was my original request that I am again submitting:
The Commons East had a special event on Friday and there was alcohol being served and
consumed within the PGA overlay required setback which is prohibited, see LDR section 6-7
below.
Also development such as the Commons serves and consumes alcohol on this property and this
practice is prohibited. Please provide me with a copy of the Code Enforcement action that
must have been previously taken against the Commons because of the code violation.
Please provide me with the required City documentation that this was acceptable.
The response to my question I asked in regards to the number of special events held at the
Commons East provided by Kara was given as 6 in 2007.
The code states the following:
(3) Number per year.
a. No more than three special events every calendar year shall be held by
any applicant at one location, unless otherwise approved by the city council following a
recommendation by the growth management director.
Could you please provide me with the City Council approval to have more than three special
events as required by this code.
Please respond to this request again.
Thank you.
Vito DeFrancesco
----- Original Message -----
From: "Debbie Andrea" <DAndrea@pbgfl.com>
To: <vitodef@gmail.com>
Sent: Friday, June 01, 2007 9:55 AM
Subject: Emailing: Commons special event info.pdf
<<Commons special event info.pdf>>
Vito, attached is the information you requested on Saturday
Debbie Andrea
Public Information Coordinator
City of Palm Beach Gardens
799-4194
Note: To protect against computer viruses, e-mail programs may prevent
sending or receiving certain types of file attachments. Check your
e-mail security settings to determine how attachments are handled.
DISCLAIMER:
Please note: Florida has a very broad public records law. Most written
communications to or from local officials regarding city business are public
records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
2
Ej 78-187 T'ALM RFlACH GARDENS CODE
(9) Indemrzificafion, Tho applicant shall submit an indemnification agreement, .SS op.
proved hy the risk managw ~tnd lhs city attorney, including any and all such claims,
si&, actions, damages, or cau6es of action mising aa a result of the Rpecial event, or
of tlie condition of tho premisea on which the special event, is held including any
pumonnl injury or 10~3 of life, ot' dmtnge to OX loss of proparty, and friilii and againat
any order, judgments, or decrees which may be entered, und fro111 and agairlst any
costs, attorneys' fees, expenses and liubilitim incurred in atid about the d&l;se or
sattlemcnt of any claims, and the investigation thereof,
(10) Other materials. Other rnfttmkb and docoinentation as may be required by the growth
rc) Review:
(1)
managexnent director.
At the discretion of the specid events planner, special events perxnik xnay be reviewed
by the Development Review Committee (DRC) in accordance with section 78.46(d I):
ApplicaLion procedures.
All city-syronsored evenm shall be reviewed by the corfltriunity services administrator,
except for those events that are two (2) consecutive d3y5 in length, and/or have an
expected attondance of 600 people or xilore, id which cam, shall be su&ct to tt special
event permit review.
(23
(d) General standards:
(1) Locaticm. Special events may occur only on properties passessing the following
non-reeiden\Lal zoning district designations: CN, CG- 1, CG-2, CR, Pfl, h5-lt M-1.4, M-2,
PCD, PDA, YO, and MXI). In residential zoning diatrice, or residential porbiotia of
PU~, PC~, or Mxns, special everits may occur DII public or private SCIIO~~Z!, churches
and houses of worship, public parks, and public or private property,
(2) Duration. 11 special event shall not exceed seven coiisecutive days. Tile growlll
munagemcnt director may aubharize one administrative time extermion of up to three
days far good cause and for the public interest ofthe city. AKI~ event. more tlian tell days
in length must be subnrit to the city council €or approval, Pumpkin sales and
Christmas tree sales shall not exceed 30 days, .,__. . ." .... --.. --.. -_,..
/' - ..... ..... - .... "' -- ..... X_. t. (3) Nurnbcr per yeat: '.z
a. No more tl~n three special events every calendar year shall be held by any
applicant rrt one haticin, unless otherwise tipproved by the city council following
a recorninendation by the growth management dircctor.
No events shall occur consecutively, except for those with city council appmval,
and if approved shall require a separste pcrmit and fee for eaclt cvcnt,.
in coinmercialloffice plazas, are permitted three spe[:i:lt c?vent.s
c;dt?t>dilr ycmr; kiowwer: this nuniber of permitted special evelib
each tenant, and cannot be l.mnsfer~*ed to ntlotlsur
b.
c. 'hunts loca
shell exclusively appl
tetla1>t 01' pi1Ct.y.
CD78: 182
(7i
f. Anchor t;enurits art3 each pemiitted three events per calendar year exclusive of
the limitation in subuection e. above.
No more than two special events at any given time may occur simultaneously at
any cornrnerciaVofEco plaza. Special went applications will be reviewred and
approved by the city on a first-come, first-serve basis.
Citysponsored and city co-sponsored events are hereby exempt fruln the limita-
tion ori the nuinbcr of events per year.
g,
h.
Access. With tlie emption of block parties, all efforts ehall be made to praviife
vehicular wceBs from a collector or cirtcrial roadway,
Zhffic con~rol. Use of city police or meptable alternative to tikcct and control traffic
may be required,
Sanitation. Plana for saxiikttion including temporary bathroom facilities, inspection of
food facilih, drainage, garbage and littur control, and recycling ahid1 be ap1>rovt3d by
tho growth management Rircctar.
Corrbplinnce, If a violation oi:curs ai an event permitted by tho city, the growth
management director may deny permits to the operator fur futme t.cmporal-y events
foy a period uf no more than 1.8 months.
(e) Denial of qwiaf event permit. hspecial event permit shall lie denied \lnder the follolving
conditions:
(1 J The application is not complete in all materid respects accurate within the knowledge
of the spc;cid events planner. The special events planrm may allow for any additional
makrials to be submitted within seven days of flotithtion hy the special eveuts
plwnner.
(2) ,411 of the coditions set forth in section 18-18? and aH contractual requirements
imposed by the city, if any, hrtvr! nr>t been met.
(3) The special event will interfere with or unduly burden municipal stzrvices including
but not limited to police, fire, i311d emergency i~di~id protection, water and ennit;ary
stwer service aid solid waste removal.
(4)
(5)
The public benefit Iiaa not heen denionst,rated.
The permit fee has not been paid.
Page 1 of 2
Christine Tatum
From: Kara Irwin
Sent:
To : Jack Doughney
cc: Patty Snider; Christine Tatum
Subject: Two Public Record Requests from Mr. DeFrancesco dated May 26,2007 RE: Commons East
Special Events
Attachments: Special Event LDR.pdf; Commons East SPE May 2007.pdf
Thursday, May 31,2007 12:04 PM
Per the first request for information, attached please find a copy of the application for
the Special Event approved for the Commons East on May 25,2007, to benefit the Big
Heart Brigade. The application provides for the requirements of Section 78-187(b)1-6,
and the Certificate of Liability Insurance is attached as well. The special event planner
event did not require a bond or indemnification for the event, as is within her purview
according to the code.
According to our files, the Conimons East has requested approval for six (6) events in
2007.
The second request for information asked for the Code Enforcement documentation
relative to a violation during the aforementioned special event to:
Sec. 6-7. Drinking intoxicating liquors on streets, parks, etc.
(a) No person shall drink any spirituous, vinous, malt, or other intoxicating liquors in or upon any
public street, avenue, alley, park, or other public way or place in the city. However, the city manager
may authorize the consumption of alcoholic beverages in a city park pursuant to the regulations set forth
in chapter 46, article I of this Code.
(b) The chief of police shall not grant an authorization if in his opinion the public safety and peace may
become impaired.
Please be advised that Section 6-7 does not apply to this specia
on private property.
event, which took place
Best Regards,
Kara Irwin
Debbie,
The Commons East had a special event on Friday. Could I please be provided with the submitted documentation
required by LDR 87-187 need to have a special event. I have listed the portions of the LDR that I would like a
response to. Could you also provide the number of special permits requested by The Commons East for 2007.
If possible, please send the reply via e-mail.
Have a great day.
Vito DeFrancesco
6/13/2007
Page 2 of 2
Sec. 78-1 87. Special events.
(a) Permit required for special event.
The applicant shall provide all information solicited on the special event permit application form, unless waived by
the special events planner, upon finding that such information is not necessary.
(b) Permit requiremenb
(1) Authoriw, Notarized evidence the property owner/managing agent authorizes the use o the site for the
special event reflected on the special event permit application.
(2) Siteplan. A detailed site plan for the event, including but not limited to, property boundaries; road access;
location of trash receptacles, sanitary facilities, tents or other structures; location of rides if applicable; location of
parking; location of temporary dwellings, offices, and equipment; and proposed setbacks of activities, fences,
tents, booths, etc. from adjacent properties.
(3) Statement of use, A detailed statement of use, including but not limited to sponsor(s), vendors(s), band(s)
and/or other musical operations, planned activities, duration of event, hours of operation, anticipated attendance,
temporary lighting to be provided on-site, security, utilities, and use of generators.
(4) SGnage. Signs are permitted only if related to a special event.
(5) Food service, If food service will be available at the event, the applicant shall provide a complete list of food
service vendors, their respective Palm Beach County mobile occupational license permit if applicable, Florida State
health certificates, and a list of the type of food service proposed.
(6) Alcohol. Applicants may provide alcoholic beverages in accordance with chapter 6 of the city code: Alcoholic
beverages, provided that a copy of the permit issued from the Florida Department of Beverages and Tobacco is
attached to the special event permit application.
(7) Insurance. The operator of an event shall provide evidence of insurance acceptable to the city in an amount
of at least $1,000,000.00, and shall provide the city with a certificate of insurance showing the city as additional
insured. Events with an expected attendance over 10,000 people shall submit a certificate of insurance
evidencing coverage of at least $2,000,000.00, with the city named as an additional insured. Proof of additional
insurance may be required by the city. Insurance shall not be cancelled or re-issued without a 20-day written
notice to the city.
(8) Bond. A refundable security bond, or similar financial pledge acceptable to the city, will be required, at the
discretion of the special events planner, to ensure that any damage is repaired and the premises returned to its
previous condition prior to the event, including the removal of any signs or banners within two calendar days of
the event.
(9) Indemnification. The applicant shall submit an indemnification agreement, as approved by the risk manager
and the city attorney, including any and all such claims, suits, actions, damages, or causes of action arising as a
result of the special event, or of the condition of the premises on which the special event is held including any
personal injury or loss of life, or damage to or loss of property, and from and against any order, judgments, or
decrees which may be entered, and from and against any costs, attorneys' fees, expenses and liabilities incurred
in and about the defense or settlement of any claims, and the investigation thereof.
(( d) General standards:
(3) Number per year.
a. No more than three special events every calendar year shall be held by any applicant at one location, unless
otherwise approved by the city council following a recommendation by the growth management director.
6/13/2007
78-187 J'ALM REACH GARDENS CODE
(9) Indemnification. The npplicnnt shell submit nn indemnidcntion agreement, fi~ nil-
proved hy the risk managi~ ~ind the city attorney, irirluding any and ell such claims,
suit8, actions, damages, or causes of action arising 36 B result af the Rpecial event, or
of the condition of tho premisee on which the special event is held including any
purnonnl injury or loss of life, or dainnge to or loss of property, and from and against
any order, judgments, or decrees which may he entered, mnd from and against my
costs, attorneys' fees, expenses and liubilities incurred in and about the defense or
sattlemcnt of any claims, and the investigation thereof.
(10) Other materials. Other matarids and documentation 8s may be rcquired by the growth
rn an agexne nt director.
tc) Review.
(1) At the discretion of Ihe specitil events pkinncr, special events permits may be reviewed
by the Development Review Committee (DNC) in accordance with section 78-46(dI):
Application procedure^.
All city-qionsoreii events shal~ be reviewed by the corrltiiunity services Rdrninistmtor,
except for those events thut are two (2) consecutive day5 in Icngth, and/or have an
expect& attendance of BOO people or more, in which CUBE, ahall be siihjet:t to ti special
event permit review.
(2)
(d) &nerd standmds:
(1) Location. Special events may occur only on properties pauuessing the following
noo-rueidenlid zoning district designations: CN, CG- 1, CG-2, CR, Pfl, M-I., M-IA, M-2,
PCD, PDA, PO, and MXD. In reside al zoning dktricb, or residential portions of
PIJnx, PCns, or Mxns, special events may oci:ur 011 public or private schools, churches
and houses of worship, public parks, and public or private property,
(2) Duration. A special event shall not exceed Seven consecutive days. Tim growlh
mnnageyemcnt director may aut;horize one administrative time extention of up to three
days for good cause and for the public intereet ofthe city. Any event. more than ten days
in lerlgth must be submit.ted to the city coclncil for appraval. Pumpkin sales and
Christmas tree sales shall not exceed 30 days.
a. No more khan three special we1it.s every calendar year shall be held by any
npplicant rrt i>ne locution, unless atherwise tipproved by the city council following
a recorninendation by the gowth management dircclor.
No events shall occur consecutively, except for th03t? with city council approval,
and if approved shall require 3 separate perrcit and fee for each cvont,
'hunts located in coinmerciaL'office plazas, are permitted three Eipei:iat c!vPnt.s
per tarimI. i?ac:h dt:i>dilr yeiir; however! this number of petwitted special events
shall exclusively apply to each tenant, and cannot be Imnsferred to nnotl>ur
b.
C.
t€'t>niIl OL' fJiWtY.
d. Sub-tenants within cornmercialloffice plazas arc not perniitted any special
events.
('e. ; Commercialiofilce plazas with im tenants or levs shall be limited to R niaximum ,-pr \
'\..A fficsp&cts witlz 1 f tenallts or more
I .-...- .........,....-..... U_-.-,.._ _...
(7i
f. Anchor tenants are each perniil;ted three events per cale~idar year exclusive of
the limitation in subsection e. abave.
No more than two special even8 at any given time mBy occur simultaneously at
any cornrnerciaVomco plaza. Special went applications will ha reviewed and
approved by the city 011 a firstame, first-sene basis.
City-sponsored and city co-spcnsored events nre hewby exempt froln the limita-
tion on the niiinber of events per yeor.
g.
11.
Access. With the exception of block partios, all efforts shall be rtiada to pravitje
vehicular nccess from a cnllector or nrkotial ro&my,
'Ikuffic control. Use of city police or mceptable alternative to direct and control traffic
may be required,
Sanitarian. Plana for sanittttion including temporary bathroom facilities, inspection of
food facililies, drainage, garbage and lithr control, and recycling shall be approwjd by
the growth management director.
Corr~pliance, If a violation oi:cur~ at. an event permitted by the city, the growth
management director may deny permits to the operator for futwe tnmporary events
for a period af no more than 1.8 months
(e) Denial ofipecinl euen.tpermit. Aspecial event permit shall hi? denied under the following
conditions:
(I) The application is not complete in all matcriul respects accurate within the knowledge
of the spcxLi1 events planner. The special events plannr?r rncg allow for sny additional
inaterials to he subniitted within seven days of notification 197 the special evelit3
pi, <inner.
All of the coriditions set forth in section 78-187 anti all contract~ial requirements
imposed by the city, if any, have not. been met.
(2)
(3) 'be special event will interfere with or unduly burden municipal :ii?rvices including
but not limited to police, fire, i3nd emergency in~!iIiwl protection, water and sanitary
stwer service and solid waste removal.
(4)
(5)
'The public benefit hm nut been deriionrjtmtcd.
The permit fee has not becm paid.
Special Event: &c - f) - 0, & !,k~ -g- @ P&UCoW 4s
k-ct c6\.gcQ COMMITTEE REVIEW
rr"49
DATE SPECIAL EVENTS PLANNER
APPROVALS:
PARKS
Mike Kclly
RECREATION
Tim Kasher
UUlLDlNG DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterman
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie IIughes-Wong
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Heather Graeve
.d ar 07
CONDITIONS:
/ PLANNING MANAGER
Tara-Lynn Pattoii SIGNATURE DATE
CITY OF PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
Please type inforination or print legibly in dark ink. Application must be filled out
completely. Please read all instructions before filling out application and note the permit
requirements that are necessary to be included as attachments to the permit application.
Applicalion fee and completed application shall be included when submitted to the
Growth Management Deparlment.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephone: 561 -799-4243 Fax: 561-799-4281
Page 1 of 4
Address: Address
StatelZip: State/Zip: i
Phone: Phone: ;
Alternative Phone #: Alternativ{ Phone #:
Non-Profit. Private or Commercial Enternrises [If wplicable~
Estimated number of participants a.E'7:
Has this cvent occurred in the City of Palm Bcach Gardens before? Yes ~
Has tlic aof the event had a special cvent already this calendar year Yes C-No-
If so. how many times?
/'' >
No-
/
Will your even1 require road closure? Yes - Nod
If yes, descrihe the requested street segment closure and times.
Will the event require the use ofelectricity? Yes I_ &':. . [@ jL 7 , t&A& ,,~.[:;.lL 1
L
Will food and/or beverages be served? Yes _;/'No--
Will tlie event havc any vcndors or concession sales? Yes No
If yes, the submit a complete list of food service vendors, their respective Palm Ueach County inobile
occupational license permit, Florida State health certificates, and City registration.
Will Police Services be required? Yes - No--
d '.
/''
Will Fire Services be required? Yes - No- /-
Are you proposing any signs? Yes __ No-- ,/
Will alcohol be sze% Yes L-"' NO ',-- C'*,?~<~<~:r c' t> (+,:.ic < ,~~+,~,,> ;:?>{ h<
(All alcohol requirements of Chapter 6: Alcohol must be met. See Chapter 6 attached]
If yes, please enclose A cornnlete on-sitc and/or off-site sign Dackapc sliowlne the location, number,
size, copy area. eraplrics. illustration niid loros all oroDo sed sienaee. (See sienavc rcaulrements Doee
2 of tlie reeulitions)
* Only one (1) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations
checklist.
Please enclose a non-refundable application fee payable to the City of Palm Beach Gardens,
I FOR OFFICE USE ONLY I
FEE IIEQUIRbU: YES- NO-
FEE RECEIVED: YES ___ ..-NO--.
FEE RECEIPT #
FEE DATE AND TIME RECEIVED
Page 3 of 4
EAST
I I I I
1 -
CANAL
-Q
Parcel 111 West
Page 1 of 1
Heather Graeve
From: Heather Graeve
Sent:
To:
Subject:
Attachments: 07~commonsbighrtbrigade~20070521122 129.pdf
Monday, May 21,2007 12:43 PM
David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow: Mike Kelly; Scott
Fetterman; Tim Kasher
PGA Commons Bar-6-Q Special Event
Tracking: Recipient Response
David Reyes AefWv-c** SlaLfQ7 3:02
Doug Wise Approve: 5/21/2007 1:58 PM
~racle~ughes &ppw*, S(U/OT (o.-lq AW
Jack Schnur
Michael Morrow Approve: 5/21/2007 3:22 PM
Mike Kelly
Scott Fetterman Approve: 5/21/2007 1:13 PM
Tim Kasher Approve: 5/21/2007 1:11 PM
Approve: 5/21/2007 12:51 PM
Approve: 5/21/2007 1255 PM
Please vote to "approve" or "reject" the attached special event permit application from the Channing Corp for a
Bar-6-Q Challenge fund raising event to benefit the Big Heart Brigade. Thanks!
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
(561) 799-4234
5/22/2007
05/22/2007 TUE 16: 00 FAX 561 799 4134 Palm Deach Gardens Adm @loo1
.....................
*** FAX TX REPORT *** .....................
TRANSMISSION OK
JOB NO. 3812
DESTINATION ADDRESS 96308631
PS WD/ S UBADDRES S
DESTI NATI ON ID
ST. TIME 05/22 15:59
USAGE T 00‘ 49
PGS. 4
RESULT OK
I I
APPROVALS:
PARKS
Mikc Kelly
RECREATION
Tim Kasher
BUI1,DlNG DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fctteriiian
POLICE DEPARTMENT
Jack Sclinur
RISK MA NAG EMENT
Gracie Hughes-Wong
CODE ENFORCEMENT
David Reycs
PUBLlC WORKS
Mike Morrow
( 0 -7
PLANNING AND ZONING . -,
Heather Graeve i .
CONDITIONS:
City of Palm Beach Gardens
(561 ) 799-4290
1 City Hall
Fri May18,2007 03: llPM Trans#55-55
Name : CHANNING CORPORATION
55 $100,00 Permit - Permit * Cust #: 00003995 Permit #:
1 ITEM(S): TOTAL: $100,00
Check PAID $100.00
0713801-1 05/18/2007 BR1 T2
SPEV-07-05-000120
www ,pbgf 1 ,coin
IMPORTANT
D18CWMER
Chapter 6 ALCOHOLIC BEVERAGES*
*Cross references: Businesses, ch. 18; police, ch. 50; streets, sidewalks and
certain other public places, ch. 62; zoning, ch. 118.
State law references: Alcoholic beverages, F.S. ch. 561 et seq.
Sec. 6-1. Definitions.
Sec. 6-2. Hours of sale.
Sec. 6-3. Limitation of sales on certain premises, places of business.
Sec. 6-4. Distance limitations between vendors, places of worship, and schools.
Sec. 6-5. Exceptions to distance limitations between vendors.
Sec. 6-6. Vendors of malt and wine beverages for consumption off premises
only.
Sec. 6-7. Drinking intoxicating liquors on streets, parks, etc.
Sec. 6-8. Consumption, possession of alcoholic beverages in commercial
establishment parking lots or motor vehicles.
Sec. 6-9. Application of zoning code.
Sec. 6-1. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Alcoholic beverages shall have the meaning ascribed in, F.S. § 561.01, as it
may from time to time be amended.
Beer or malt beverage shall have the meaning ascribed in F.S. § 563.01, as it
may from time to time be amended.
Consumption off the premises only means deemed to permit only the sale of
alcoholic beverages in their original sealed containers.
Distributor means all persons selling the beverages herein referred to at
wholesale in the manner prescribed by the Florida Beverage Law, F.S. ch. 561 et
seq.
Intoxicating beverage and intoxicating liquor shall have the meaning ascribed in
F.S. 5 561.01, as it may from time to time be amended.
Liquor or distilled spirits includes all spirituous beverages created by distillation
and by mixture of distilled beverages by what is commonly termed blending.
Manufacturer means all persons who make alcoholic beverages, except those
who make beer or wine for personal or family consumption pursuant to F.S. 9
562.1 65.
Night club means a restaurant, dining room, or other establishment where
intoxicating liquor is sold, given away, or consumed on the premises, and where
floor shows or other forms of entertainment, subject to the federal tax thereon,
are provided for guests at any time between the hours of midnight and 7:OO a.m.
Premises or place of business means a room or group of rooms within a
building connected by doorways not less than three and one-half feet in width
and six feet eight inches in height; provided that the rooms shall be contiguous
and have common walls.
Sale or sell means any transfer of an alcoholic beverage for a consideration,
any gift of an alcoholic beverage in connection with, or as a part of, a transfer of
property other than an alcoholic beverage for a consideration, or the serving of
an alcoholic beverage by a licensed club.
Vendor means all persons selling the beverages herein referred to at retail.
Wine shall have the meaning ascribed in F.S., § 564.01, as it may from time to
time be amended.
(Code 1987, § 11 2.01 ; Ord. No. 20-2004, § 2, 8-5-04)
Cross references: Definitions generally, § 1-2.
State law references: Definitions, F.S. §§ 561.01, 563.01, 564.01.
Sec. 6-2. Hours of sale.
(a) Generally.
(1) No intoxicating liquors or intoxicating beverages, including all malt
beverages and wine, shall be sold, consumed, or served or permitted to be
served, or consumed, in any place located within the city holding a license under
the laws of the state and the city, authorizing same, between the hours of 3:OO
a.m. and 8:OO a.m.
(2) For New Year's Eve, December 31, the prohibited hours of sale shall be
500 a.m. to 8:OO a.m. on the following day, January 1.
(Code 1987, § 112.02; Ord. No. 20-2004, § 3, 8-5-04)
State law references: Authority to establish hours of sale, F.S. §§ 562.14,
562.45(2).
Sec. 6-3. Limitation of sales on certain premises, places of business.
It shall be unlawful for any vendor to sell, offer for sale, or serve, or permit to be
consumed, any alcoholic beverages upon any premises or in any place or places
of business which do not meet the definition of and requirements for premises or
place of business as provided for and defined in section 6-1.
(Code 1987, § 112.03)
Sec. 6-4. Distance limitations between vendors, places of worship, and schools.
(a) Between vendors. No license for the sale of alcoholic beverages at retail,
including malt and wine beverages, for consumption on or off the premises, shall
be issued where the place of business designated in the application therefor is
located within 500 feet from another place of business for which there is already
issued a license for the retail sale of alcoholic beverages for consumption on or
off the premises; such distance to be the airline measurement taken from the
center of the main entrance of the proposed business to the center of the main
entrance of the existing business for which there is already a license for the retail
sale of alcoholic beverages for consumption on or off the premises.
(1) Such distance limitation shall not apply to the following:
a. Vendors of alcoholic beverages, including malt and wine beverages, where
the vendor is licensed by the city as a restaurant deriving at least 51 percent of
its gross revenue from the sale of food and nonalcoholic beverages.
b. Vendors of alcoholic beverages, including malt and wine beverages, for
consumption on the premises only where the vendor is licensed by the city as a
bona fide hotel or motel.
c. Vendors of alcoholic beverages, including malt and wine beverages, for
consumption on the premises only where the vendor is a veterans or fraternal
organization of national scope or is a group of persons associated together as a
chartered or incorporated club, including incorporated social clubs which have
been in continuous active existence and operation for a period of not less than
two years in the city.
(b) Between vendor and place of worship. No license for the retail sale of
alcoholic beverages, including malt and wine beverages, shall be issued to a
vendor whose place of business is located within 500 feet of an established place
of worship. The distance shall be the airline measurement taken from the center
of the main entrance of the proposed business to the center of the main entrance
of the place of worship.
(1) Such distance limitation shall not apply to the following:
a. Vendors of alcoholic beverages, including malt and wine beverages, where
the vendor is licensed by the city as a restaurant deriving at least 51 percent of
its gross revenue from the sale of food and nonalcoholic beverages.
b. Vendors of alcoholic beverages, including malt and wine beverages, for
consumption on the premises only where the vendor is licensed by the city as a
bona fide hotel, motel, or motor court.
c. Vendors of alcoholic beverages, including malt and wine beverages, for
consumption on the premises only where the vendor is a veterans or fraternal
organization of national scope or is a group of persons associated together as a
chartered or incorporated club, including incorporated social clubs which have
been in continuous active existence and operation for a period of not less than
two years in the city.
(c) Between vendor and school. No license for the retail sale of alcoholic
beverages, including malt and wine beverages, shall be issued to a vendor
whose place of business is located within 500 feet of an established public or
private elementary school, middle school, or secondary school. The distance
shall be the airline measurement taken from the center of the main entrance of
the proposed business to the nearest point of the school grounds.
(1) Such distance limitation shall not apply to vendors of alcoholic beverages,
including malt and wine beverages, where the vendor is licensed by the city as a
restaurant deriving at least 51 percent of its gross revenue from the sale of food
and nonalcoholic beverages.
(d) This section shall not be construed or held to affect the rights of any existing
established business or it successors or assigns with respect to the location of
the businesses.
(e) Whenever a business has been lawfully established and thereafter a place
of worship or school is established within a distance otherwise prohibited by this
section, the establishment of the place of worship or school shall not be cause for
the revocation of the occupational license or otherwise prevent the continuation
of the business.
(Code 1987, § 11 2.21 ; Ord. No. 20-2004, §§ 4, 5, 8-5-04)
State law references: Authority to regulate location, F.S. §§ 562.1 4, 562.45(2).
Sec. 6-5. Exceptions to distance limitations between vendors.
(a) The distance requirements set forth in this section are primarily intended to
promote the safety, health, morals, and general welfare of the citizens of the city.
The city council is of the opinion that certain businesses licensed by the state by
special license to sell alcoholic beverages at retail may warrant an exception to
the distance requirements above provided; these businesses are:
(1) Vendors of alcoholic beverages, including wine and malt beverages, at retail
for off-premises consumption only.
(2) Vendors of alcoholic beverages, including wine and malt beverages, at retail
for on-premises consumption only, where the sale thereof is the main function of
the business.
(b) The city council, and it alone, may upon written application for a
miscellaneous petition (MISC) by the vendors of alcoholic beverages, including
malt and wine beverages, as defined in this section, by resolution, grant a waiver
to the distance requirements of section 6-4; the petition shall be accompanied by
appropriate survey material, maps, and site plan. No waiver to the distance
requirements shall be made until after a public hearing thereon is held, and a
notice of the public hearing shall be published in a newspaper of general
circulation in the city on a date no less than 15 days prior to the date set for the
hearing.
(c) Further, no waiver to the distance requirements shall be granted unless the
city council finds the following requirements are met:
(1) The established distance requirement of 500 feet from an established public
or private elementary school, middle school, or secondary school is not violated.
The distance shall be the airline measurement taken from the center of the main
entrance of the proposed business to the nearest point of the school grounds.
(2) In the opinion of the city council, the granting of the modification will not
materially impair the safety, health, morals, or general welfare of the citizens of
the city which this chapter is intended to promote.
(Code 1987, 112.22; Ord. No. 20-2004, 6, 7, 8-5-04)
Sec. 6-6. Vendors of malt and wine beverages for consumption off premises
only.
The limitations provided in section 6-4 shall not apply to vendors of malt and wine
beverages for consumption off premises only.
(Code 1987, § 112.23; Ord. No. 20-2004, §§ 8, 9, 8-5-04)
State law references: Sale of malt beverages for consumption off the premises is
not subject to zoning, F.S. 563.02(1)(a).
Sec. 6-7. Drinking intoxicating liquors on streets, parks, etc.
(a) No person shall drink any spirituous, vinous, malt, or other intoxicating
liquors in or upon any public street, avenue, alley, park, or other public way or
place in the city. However, the city manager may authorize the consumption of
alcoholic beverages in a city park pursuant to the regulations set forth in chapter
46, article I of this Code.
(b) The chief of police shall not grant an authorization if in his opinion the public
safety and peace may become impaired.
(Code 1987, 5 112.06; Ord. No. 1-1 997, § 3, 2-20-96)
Cross references: Parks and recreation, ch. 46; streets, sidewalks and certain
other public places, ch. 62.
Sec. 6-8. Consumption, possession of alcoholic beverages in commercial
establishment parking lots or motor vehicles.
(a) Definitions. For the purpose of this section the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
Alcoholic beverage means any beverage containing more than one percent of
alcohol by weight, as determined in accordance with F.S. § 561.01 (4)(b).
Beverage law means F.S. chs. 561, 562, 563, 564, 565, 567, and 568.
Commercial establishment parking lot means any area appurtenant to
commercial establishments used by the public for parking thereto.
Container means any can, bottle, carton, or other vessel of alcoholic beverage.
Motor vehicle means any land vehicle which is not powered by muscular power.
Public or semipublic area open for vehicular travel means all public roads,
streets, highways, lanes, alleys, parking lots, and parking areas on which the
public is expressly or implicitly invited to travel by motor vehicle or which is
otherwise open for vehicular travel. It shall not include areas such as golf
courses, go-cart tracks, motocross tracks, and similar areas, or private driveways
and property serving a single dwelling unit.
(b) Findings and declarations.
(1) The uncontrolled consumption of alcoholic beverages in and around
commercial establishment parking lots contributes to lewd behavior, verbal
harassment, intoxicated disorderly conduct, destruction of property, excessive
noise, and litter.
(2) The uncontrolled consumption of alcoholic beverages in and around
commercial establishment parking lots has led to an increase in the number of
violent crimes committed on and near those commercial establishment parking
lots.
(3) Individuals consuming alcoholic beverages in and around commercial
establishment parking lots deter the public's use and enjoyment of these areas.
(4) No effective means exist to deter the violent, disorderly, destructive, or
offensive conduct associated with the consumption of alcoholic beverages in and
around uncontrolled commercial establishment parking lots other than to prohi bit
the consumption of alcohol in those areas.
(5) Consumption of alcoholic beverages or possession of open containers of
alcoholic beverages while in or on motor vehicles leads to and encourages the
operation and control of motor vehicles while impaired and distracting and
disorderly conduct of passengers including, but not limited to, littering.
(6) The uncontrolled consumption of alcoholic beverages in and around
commercial establishment parking lots and the consumption of alcohol in motor
vehicles is detrimental to the health, safety, and general welfare of the public.
(c) Prohibited acts. The following unlawful acts are prohibited:
(1) It shall be unlawful for any person to drink or consume any alcoholic
beverage in or within 500 feet of a commercial establishment parking lot in the
city, except in those areas in which such consumption is permitted pursuant to
the beverage law; special or general act of the state legislature; the state
administrative code; or city ordinance, resolution, or administrative approval.
Nothing in this section shall prohibit consumption on private property within 500
feet of a commercial establishment parking lot.
(2) It shall be unlawful for any person to possess any alcoholic beverage in or
within 500 feet of a commercial establishment parking lot in the city, except in
those areas in which such possession is permitted pursuant to the beverage law;
special or general act of the state legislature; the state administrative code; or
city ordinance, resolution, or administrative approval unless the alcoholic
beverage is in the original container with the seal unbroken.
(3) It shall be unlawful for any person to possess any container of alcoholic
beverage, except an original container with the seal unbroken, or to consume
any alcoholic beverage, in or on a motor vehicle being operated on a public or
semipublic area open for vehicular travel.
(d) Exceptions. This section shall not apply to:
(1) Any person engaged in picking up empty beverage containers for the
purpose of collecting the deposit or value of the bottle or can itself, nor to any
person taking part in a litter control campaign.
(2) The possession of any open container by any licensed distributor or licensed
vendor of alcoholic beverages provided that such alcoholic beverage is being
transported solely for commercial purposes.
(3) The transportation of any open container of alcoholic beverage in or on any
motor vehicle provided that such container is in a compartment of the vehicle not
readily accessible to the driver or passengers, such as a locked (not merely
latched) glove compartment, trunk, or other nonpassenger or nondriver area of
the motor vehicle.
(4) The transportation of any open container or consumption of alcoholic
beverage in or on any motor vehicle duly licensed and operated for hire to
transport passengers, such as charter buses, regularly scheduled buses,
taxicabs, and the separate passenger compartments of limousines; provided the
operator thereof is not in immediate possession of, or engaged in the
consumption of, any alcoholic beverage or open container of alcoholic beverage.
(5) The operation, for a consideration, of any motor vehicle by an individual duly
licensed and supplied by a chauffeur service, limousine service, taxicab
company, or bus company provided the operator thereof is not in immediate
possession of, or engaged in the consumption of, any alcoholic beverage or open
container of alcoholic beverage, and is operating the vehicle while under, and in
the scope of, the employment of a chauffeur service, limousine service, taxicab
company, or bus company. The operator must have in his possession evidence
of employment by a bona fide chauffeur service, limousine service, taxicab
company, or bus company.
(Code 1987, § 11 2.07)
Cross references: Businesses, ch. 18; traffic and vehicles, ch. 70; zoning, ch.
118.
State law references: Consumption of alcoholic beverages in motor vehicles,
F.S. § 316.1936.
Sec. 6-9. Application of zoning code.
In all cases the location of any place of business for the sale of alcoholic
beverages, including malt and wine beverages at retail, shall be in accordance
with the permitted use provisions of the city zoning code.
(Code 1987, § 11 2.20)
Cross references: Zoning, ch. 11 8.
State law references: Documentation of proper zoning required, F.S. 5
562.45(2).
*. .
Prepared By and Return To:
Steven Cohen, Esq.
4176 Bubo Road
AMENDED AND RESTATED -
";' 7 THIS M&ED AND RESTATED GRANT OF EASEMENT (this
llAgreernental)':t/.&s made and entered into this day of
~~o~y , D' by and between JOHN D. AND CATHERINE T.
MacARTHUR m&$m, an Illinois n3t-for-profi t corporation
1~' ... (hereinafter req$r$d to as "Grantor") and NORTHERN PALM BEACH
% .- COUNTY WATER COp@i?<L;+JISTRICT, a political subdivision of the .z rd L
>'/ e- ... I,-
-C-
Strate of Florida (;@'&after referred to as "Grantee") .
Y
'T,
r-
1- 1-
A. Grantor has rnap2in favor of Grantee a Landscape Buffer
Easement dated July 6,\cl693, and recorded July 23, '1393, in
Official Record Book 7819 @Sj?fage 1517, as Document No. 93-239303
in the Palm Beach County RkW-r's Office (the "Prior Easement").
B. Grantor and Grante to modify the terms of the
-.. 3/" ."
Prior Easement by the Prior Easement in
whole.
C. Grantor is the certain parcel of land in
the City of Palm Beach Palm Beach, and State of
Florida, legally described in attached hereto and by
this reference made a part hereof (thg4;Parkway Premises" 1 .
/*;;A q.>- D. Grantee desires to have acc 8.s $0 the Parkway Premises
for purposes of installing, maintaining ~&-~~eplacing landscaping,
sidewalks, pathways, benches and othe'.~.~~~~,~rovements as more
particularly described on att@i9jeFihereto and made a ..
\ A! . part hereof (collectively, the "Parkway Impk@&,~nts'l) . r/u
'.
. '.
E. Grantor desires to grant, and Grantee desires to
receive, upon and subject to the terms and conditions herein
provided, a nonexclusive right-of-way and easement over and across cy
which is in lieu of.and as substitution for
REFORE, in consideration of the foregoing, the sum of
Dollars ($1.001, the mutual covenants and
parties hereto and other good and valuable
receipt and sufficiency of which are hereby
hereby agree as follows :
1 : pd by RP~. The provisions of
are, by this reference, herein
ihcorporated they had been set forth in the text of this
Agreement.
: Subject to the terms of this
Agreement and to a@Es and conditions of record, Grantor
hereby grants, gives a% conveys to Grantee, its successors and
assigns, for the purp&$! herein stated and for no other purpose,
a nonexclusive right-&-way and easement for the purpose of the
construction, maintenanc replacement and operation of
the Parkway Premises, together with
the right, upon such portions of
the Parkway Premises necessary for the
purpose of constructing, replacing and
the rights and
I' ' 2.
with the terms
\-/- +
3. ,L'.' re of Wor$i's\r'Except in the event of an
emergency, each party to this 7,5V,!ment, including their
successors and assigns, shall be obhwdd to make all reasonable
efforts to give the other party reasdnable prior notice of their
intention to install or replace facili f$&) or improvements within
the Parkway Premises. All such workL+sl$ ,_- be carried out in a
(- d','., *.-:y
y;t/ ,) I y' \* ._" J:\Legal\thJE5645 L- -..*' P,.
/,fl &-EA 2
workmanlike manner and upon completion the affected site and
surrounding areas impacted by any work done at the affected site,
shall be returned to substantially the same copdition as existed
prior to commencement of the work. Further, as to the giving of
the Grantee shall only be obligated to give prior notice
cel which is being affected by work
In other words, if fee title or
Parkway Premises is held by more than
antee shall only be obligated to notify the
e parcel upon which the Grantee anticipates
+inn of w. Subject to the terms of this
Agreement, ?$'/ or reserves the following rights with respect to
the Parkway \.( ,mises so long as the exercise by Grantor of such
rights does noi -reasonably interfere with Grantee's use of the
Parkway Premis B\ly the purposes herein granted :
.'bon-exclusive right to use the Parkway (a) TT-.
Premises for any reqsqfl and in such manner as Grantor shall deem
proper, in its sb;<g discretion; provided said uses are not
inconsistent with the-cptpposes recited in Paragraph 2 of this
qp
y {;I+,
'-I
Agreement; and (.&$I L
access, utility or
the right to grant
All provisions of this
d burdens, shall run with the
the benefit of all parties
or interest in or to any
he Parkway Premises.
(a) As between Grantor Jdd Grantee, Grantee assumes
sole and entire responsibility loss of life,
in jury to persons or damage to such property
J: \Legal\WE5645
3
may be located) that may be sustained directly or indirectly due
to the activities, operations or use of the Parkway Premises
(including, without limitation, any such loss, injury or damage
due to the construction, maintenance, restoration, operation,
or repair of the Parkway Improvements) by Grantee, its
and contractors, and for those claiming through
the "Grantee Group" ) .
C>?)(b) Grantee, for itself and for those claiming through
Grant e &$..,' eeby releases Grantor, its officers, directors,
~partner&;:~~'~pm loyees, agents, mortgagees, licensees, contractors,
guests a%&$kitees (and their respective officers,. directors,
partners, 'Uemp&pes, . agents, mortgagees, licensees, contractors,
guests an+"' ' vitees, subsidiaries, affiliates, successors,
grantees an&$$@igns) (collectively, the "Grantor Indemnitees" )
from any and %l liability, loss, claims, demands, liens, damages,
penalty, fines A&I erest, costs and expenses (including, without
limitation, r>&(&ble attorneys I fees and litigation costs
incurred by the y<m&or Indemnitees in connection therewith) and
for damage, destrid&%yor theft of property, that may arise from
operations on, or Eruse of, the Parkway Premises (including,
without limitation, ay-\such liability, loss, cl'aims , demands,
liens, damages, penalf%J ines, interest, costs and expenses that
may arise as a rat of the construction, maintenance,
restoration, operation, ,,-fiqlacement or repair of the Parkway
Improvements) by the Grafi,(ed ."ZS/>& Group.
Without wai'vk&?% limitation of liability provided
for in Florida Statutes S&@fign. 768.28 (1994) and the Florida
Constitution, Grantee hereby &-&S to indemnify, defend and hold
harmless the Grantor Indemniq&";&rom and against any and all
liability, loss, claims, dernan&':'>3&s, damages, penalty, fines,
interest, costs and expenses '@.eluding, without limitation,
reasonable attorney's fees and ,??@"gation costs incurred by
Grantor Indemnitees in. connection &b H w'th) and for any and all
loss, of life, injury to .persons ori;d2&e to property which is
directly or indirectly due to the achV&ties, operations or use of
limitation, any such the Parkway Premises (including,
',
.
;pj 1
(c)
(, 'Y 8-7
loss, injury or damage due to rnainrenance,
!
J:\Legal\DJE5645
restoration, operation, replacement or repair of the Parkway
Improvements) by the Grantee Group.
7. !¥ants of Grantee. Grantee covenants and agrees:
to construct, erect, maintain or permit any structure,
facility or improvement of any kind or nature other
Improvements on or under the Parkway Premises,
instance, the prior written approval of Grantor;
Parkway Premises and the Parkway Improvements
and repair and in an attractive and sightly
with the manner which public parks are
of Palm Beach Gardens, Florida or any park
parks in the City of Palm Beach Gardens,
to transfer, assign, license or permit any
district or #Tier governmental authority responsible for the
"J ; other party or' eqtity any right or interest under this Agreement
other than as f "ded in paragraph 13 hereof and except for the
right of the gg23-l public to use the Parkway Improvements for
the use for whicK$H&V are intended.
I'
ce hv Grrlntee. Grantee hereby agrees not
e of any existing easement on, under,
y Premises. Furthermore, Grantee hereby
ith the use of any easement hereafter
across the Parkway Premises or with
any other use of Premises so long as such easement,
granted on, under,
the use thereof use does not materially interfere
with or is not inconsistenbLW$& Grantee s rights hereunder.
9. 7 'A11 construction, maintenance,
alterat ion fez? :p$&$m:-: and repair of the Parkway
Improvements by Grentee shall ah&&$ with all applicable laws,
statutes, building codes and r l&ions of general application
(collectively, llLaws") . This %;$$pent does not abrogate or
supersede any applicable Laws rex+A the parties to obtain
permits, licenses, inspections or a rads in order to construct,
maintain, alter, replace, operate <:dr repair the underground
herein.
Ff4% ;>
/-d
Parkway Improvements upon the as contemplated
9.4 5
10. If Grantee breaches any provision
of this instrument and following written notification of such
breach and'fails to cure or make a good faith effort to cure such
breach. ithin thirty (30) days after the written notice, Grantor
shall &e the right, but not the obligation, to rectify or
perf$$m"'$).e and the Grantee shall be obligated to reimburse the
Gran or .€pf the cost thereof, together with statutory interest, in
the eq&g)h$ Grantee does not reimburse the Grantor for said cost
within\gl&t$ >.I' <I (30) days from the receipt of Grantor's invoice for
reimburdebCfi., in addition to any other right or remedy available
at law o&-g'equity.
Q. ,/
z< ; :,A/
. Gran'tee acknowledges that
n inwthe making, execution, and
eernent by any representations, statements,
ts of Grantor. This. Agreement embodies the
f the parties and there are no further or
nderstandings, written or oral, in effect
ting to the subject matter hereof.
12. time, Grantor shall have
shall exercise said option
by giving Grantee thirty(TQ~0) 'days prior written notice of the
exercise of its option w>,!thereafter shall tender a quit claim
deed of the Parkway Pren;cysp$ to Grantee. Provided, however,
should title to the Parkwa~~8$?Qmises be conveyed to the Grantee,
as herein authorized, the Ga ha?- or its successors in interest
shall remain .responsible for&& {klearing , grading, landscaping
and irrigation of this Parkwa&$.zm$,ses then required under the
City's PGA Boulevard Streetscaq -'P$$i! Ordinance. Title to the
Parkway Premises shall be convey@$f&e and clear of all liens and
encumbrances ' and subject only '; .e-@) easements, covenants and
restrictions then of 'record (i%%,sg the terms of chis
Agreement). All documentary taxes a$d;Tflording fees shall be the
obligation of the Grantee. No &her compensation shall be
required to be paid by the GranteeffI- the Grantor or its
the right its fee simple interest in the
<. ,. C\'X
r' -:,.
(1 <:
J: \Legal\DJES645
6
successors in interest upon the exercise of the option contained
in this paragraph 12.
13. TrAnsfer w.
(a) Grantee. may transfer, assign and convey all of its
tle and interest under this Agreement to a governmental
including a municipal corporation or dependent
district, which has among its stated
maintenance, repair and replacement of
a similar nature to the Parkway
under this Agreement in writing and such
the public records of
shall thereafter be releaeed from any and
The term “Granteell as used in this
Agreement to such party or parties as may from time to
Provided such transferor assumes all of the
Palm Beach County,
perform the agreements of Grantee under this
Agreement.
7
- . ..
STATE OF FLORIDA 1
1 ss.
COUNTY OF PALM BEACH)
wa5 acknowledged before me this
not-for-profit corporation, on behalf, of
personally known to me, cx-hes--procfuced
m, 1994, by L c--cc L . LCLd '-7
as of JOHN D.. and CATHERINE T.' Ma&RTHUR
. -- --a&dent-i-f-ication ;-~and--who.-di-d-td~d-n.otf~ke
sw -. .. '1 I
kd,LG -:? - I
. . _. + y.k=l--
Notaw Public
STATE OF FLORIDA
COUNTY OF PALM BEACH )k
as acknowledged before me this
day Of 3A by LdICUAM L.
The foregoing
behalf of the subdivision, an
not) take an oath. ' -
_.
I
J1\Legal\DJE5645
9
I VL AI Page
THIS S
t
OElNC A I'AIICCL OF LAND LYING IN SCCTION 2. TO\VNSIIII' 42 SOUTII. IlANGC 42
EAST, ClTY OP PALM tIChCI1 GAllDCNS. I'ALbl UChCll COUNTY. FLOllll>A, MOltl~ PARTICULARLY DCSCRIOCD AS FOLLOWS:
COblMENCB AT TtiE SOUTIiWEST CORNEfl OF TIIE SOUTIIWEST ONC*QUAll'l'T.SI 01:
SA1 9 SCCTlON.2;TI IENCE N02O 10'32'E. ALONG TI II: WCST LINE OF SA ID SOUTII\YCS
ONE-QUARTCR.A DISTAHCEOF 139.1s FELTTOI'IIC INTERSECTION OPTllE NORTI1 '
JOT ,
(NOT VALID UNL SSCD SURVEYOR'S SEAL)
I IlEREnY CERTIFY Ihar h of the propcrly illown hcrcon was
cornplclcd under by directlo .and tho1 raid dcrcriplion Iruc nnd correct 10 the beat of my kn
I FURTHER CERTIFY ihit this ch mccls Ihc hllNlhlUM TECI1NICAL
STANDARDS FOR SURVEYS I Rfl&\qV 01: LAND SURVEYORS
purruint ID Sccllon 472.017 Flarldi Slate Sialulcr/ -93% , ...--\''\rrrf.
Dale or slaniturc I - 2 C. vt':,;& \ 5\( .r.-J ,> , - /,,
, - - . .- ..'.:,
SURVEY.
I-
123. 68'
i
.. ' I IC1 G '-i 100.00'
821E'
IIS IS NOT
-.
._
1
L.
PALM BI
1
. .I ..
1. . .'
I
,"?
IJYt MA7CH LINE -
4 SURVEY
1
.. Page 3 of 17 - I 'I I
I \I
MATCH LINE!
' . , . . . . . .. .. .: . ,. I..' . . . . , . , .'.,
I
-..' .
I I ..
c C
'9
n u
I2 IS
T
rr c
\
- MATCH LINE' 1
I
I
I
I
I
.'
ot. 39
5
os R
wu 1
EX I ST 1 NG RIGHT-OF-WAY E3
I
THIS
nuw A rXncm OF LAND LYING IN SLCTION I I,TOWJSIIII' 41 sokrri, ILANCC 42 .. EAST. CITY OF PALhf OEACtI GARDENS. I'ALM UCACII COUNfY. I'LOI(IUA. blOl<T. PAKTtCULARLY DESClllnED AS FOLLOWS:
IS NOT
t FURTHERCERT1PY lhai ihlr Dcscrlplio
STANDARDS FOR SURVEYS le1 rorlh by
puraumnl lo Sccrlon 473.023 Flcrlda Slate SI
Dale of Siinilurc {- 21 -4
. REV \SED. A SURVEY
.'I , '
'.'. PALM BEACH C
-. 12-10-91
*UGEU - 3 DM
BA.LLEN I SLES
DR I VE
E&. 64, (745.67 - &I
$01' 37' 22' u -- +.-,
S P F
'HIS IS NOT A SURVEY
PALM BEACH COUNTY - FLORIDA REVISED 12-10-91
I-
..
EX i\ 1 R I T " A "
page 6 of 17
LEGAL DESCRIPTION
LANDSCAPE DUPFCR CASCMCNT
~ r- --
,I_.- t;l& [IC, ?? ,,T,
-4 - ..-c
nClNC A PARCCL OF LAND LYING IN SECTION 1 I. TOWNSlllr 42 SOUTII. RANGE 42 CAST. CITY OF PALbl ULACll GAllDCNS. PALhl DCACll COUNTY, TLORIUA. CIORC
1'ARTlCULARl.Y DUCKIDED AS FOLLW'S:
i IlEACl I COUNTY R CCOlt OS WITI I SOUTll EH LY R ICIIT-OF-WAY LIN f Of: STA'TT.
I'AItAL'Llh~ WIT11 AND 127 VCCT SOUTIl 01: TllC NORTII LlNC OF SAID NOflTIIWEST
I~A-DIUS%F iW+~~-dy:ct-r: TIICNCC wrxrtxi-y ALONG TIIE ARC OF S~ID cuitvc TllHOUGlI A JCNTItAL. ANGLE OF0O04J' 31.. A DISTANCC OF 146.50 FCCT TO TllE
EASTCKLY IllbH'~-OFzWAY Or: SAID nALLCNISLES DKIVC: TllENCC NOl' 37' 22.C.
CONTAINING 0,601
.v '
I IlEREUY CERTIFY 1h.t tho Oeicrlpllo or Ihc properiy shown hcicon YII , in3 that iaid Jcrcrlpllon Ir 1ruc and
..
REVISED, 12-10-91
--- -
ROAD = S.R.766 (I- u,. ._, L
LE.-- 803
EXH I BIT I' A"
Page 7 of 17
.I 4
1.
MATCH
.- .- rws IS NOT A SURVEY
r- 60.00'
CL- sr 1$1 .
,:-~ +- ,q .. . PALM BEACH COUNTY -~5jhb REVlSED 12-10-91
.
WlS
COhlhiENCE ATTlIE SOUTIIIYCST'CORNCR OF TIIT, SOUTIICAST ONL-QUAllTLll OF
. , SAID SCCTION I; TllENCP SXdo 23' YJ'f, ALONG 711C SOUTll LINT. 01: SAlD
SOUTllthST 0NE.QUhItTEIt. A DLS'TANCC OF 4.61 IfEW; TIICNCC NOI' 37' 27'C. A
'.,.#
..
IS NOT
,
REVISED 12-10-81
EXH I B IT " A"
v) m
N
e
Y
w W
tv
THIS IS NOT 'A SURVEY
;v) I I
1 3' ..
C
ORB 7819 PY 1530 ..
LEGAL DESCRIFTION LANDSCAPE DUFFER EASEhqENT
nnNc A PARCEL OF LAND LYING IN SECTION ii. TowNsiiir 42 SOUTII. RANGE 42
CAST, CITY OF PALM DEACll GARDENS, PALM UCACII COUNTY, FLORIDA. hlORI:
I'ARTICULARLY DCSCRIDED AS FOLLO\VS:
CON'IA hlOItE OR LESS.
{-q
LO, L
(NOT VALID UNLESS SC SSCD SVKVEYOR'S SCAL)
I IIEREDY CERTIFY rha
completed under by dlrcctl
eorrtci io lhc b:it cf my k
of Ihc propcrly rliown licrcon
nnd ihai sild dcicrlption 11 true
WIS
nnd
I FWRTHEK CERTIFY 1h.l lhlr Dcscr
STANDARDS FOR SURYLYS act far puriunnl 10 Secllon 472.027 Florldr SI
. . DSIC ofsljnriure i-z I --qz
rHlS IS NOT A SURVEY .. REVISED 12-10-1
..
'OAD = S.R.706 (PGA BLVl 7@39 Ps 1sxq
J\ L.E.= ,865. EX kl I R IT I' A 'I
Page 11 of 17
_-
I
I
REVISED IZ-fO-Bi
I 1
.- - PALM BEACH COUNTY -
"
EXHIBIT "A" ROAD = s.R.~~~(PGA sivi
7 -3
rAitci:L: EOG I Page 12 of 17 ORB 7a19 i?s 15 .JA
LEGAL DISCRIPTION
LANDSCAPE UUFI-Llt EASChlEN'I'
7-t
a,.-- .L. , _. &&j--l& ;< 7YL;
UPlNG A I'AItCCL OP LAND LYING IN SECTIONS I1 JI 12, TOWNSIIII' 41 SOUl'11,
RANGE42 EAST.CITY Oft'ALht UCACIIGAILDCNS. I'ALhS UCAClt COUN'I'~.I~I.OIlII~A, hlOllE I'ARl'1CULAItLY DESCIIIUED AS T;OLLO\YS:
12. )$rbISfANCE OF 182S.02 FEET TO TIIE WEST LINE OF SAID SC(TT1ON 12': TllENCE
NII 2' 13.vW,. LONG A LINE I'ARALLEL WTII AND llS.00 FEET SOUTll OF TllC NORTll LlMf& SAID SECTION 1 I, A DISTANCE OF 722.69 FCCT TO TIIE CAST LINL
OFSAI 9fi .L DESCKIDED IN OFFICIAL RECORD UOOK1SS5. PAGE 1391:l'llCNCT.
NOIo37%@,0NGSA10 EAST LINE A DISTANCL OF SJ.00 FELT TO 7'11C I'OINT OF
lJEGlrJNI
DT I
-. . _.. .
'CYOR'S SEAL) .
I HEREDY CERTIFY lhrl the
purauinl to Scclfon
DalcofSlInrlurc
I
rHlS IS NOT A SURVEY
L.E.= ‘806
1’3 4 0.9 5 7 -a-
PALM BEACH COUNTY - FLORIDA REVISED.12-10-91 . ..
..
..
E X 11 I I3 I T
Page 14 of 17
I' A " ROAD = S.R.786 (PGA BLVi
llE1NG A PARCEL OF LAND LYING IN SCCTION I. TOWHSIIII' 42 SOU'TII, XAPJCC 42
CAST, CITY OF PALM UEACll GhlCDCNS. PALhl UCACll COUN'I'Y. I'LOILIUA. hlOl(l: . . PAKTICULARLY UCSClllUCD AS FOL.LO\YS: '
..
$r'N c or: 55.01 FCCT TO.A roiN'r ON SAID NOICTII RICIIT-OF.WAY I-INC;
Ti'tL&&NR.3' 57' 35'W. ALONG SAID NOATll IIICIIT.OF-\YAY LINE. A UISTANCL: 01:
178Q'53;lr.t'13 TO TllE POINT OF UEGINNING.
CON'l'hlNIPj'G &4?ACI<LSS. b!ORE OR LCSS.
.",
(NOT VALID SUKY EYOR'S SEAL) .--, > ; \
1 liEREDY CERTIFY lhrl ihc Dcrcrl 110 n'd 5 I& of thc yropcriy sllown llcicon was
complclcd undir by dltcctlon on 3sE<Fy,#l ,and lhmt raid Jcicriplion Is lruc and
corrccl lo Ihc beit or my knawfc :c rn c IC t,;;,
1-011
EWIBIT "A"
PAGE 15 of 17 '
ROAD = S.R.786 (PGA BLvDl
L.E.- 807
THIS IS NOT A SURVEY
I
I
I
I
I
I
I
', I
1
I
I
4
#- EXH I B IT " A" . - .. Pane 16 of 17
L €GAL DESCR I PT I ON
A Parcel of land situate in the Horthnest One-9udrter INN i/dI of Section ti. fawnship 42 South, Range 42 East. being more partlcularly described as f 0 I I ou;:
corner of Sectlan ii. Township d2 South. Ran e
thence deoarting fron said North line.
100.00 feet to Intersect the tlorth Right- PGA Boulevard at the Nest boundary line of a Landscape Buffer orded in Official Rmrd bok 7819 at pages 1517 through
of tho Pllbllc Record of Pals Beach Gounty. Flarlda at the
From the R,QiA? /OF BEGitlNING; thence deydrtlng from said Harth Right-oI-Wdy Iine of PG'R-Bauleve3.d and aiang said West boundary line and cantinuirg a1or.g a portion of tbe' outh boundary line of said Landscspa, Buffer Easenent.
SOUTH OL-37-&h?& d distance of 5.DU feet; thence SOUTH 88-22-30 EAST, a dlstance of 2fl .: feet; thence depa::ing sdld South Scundary line. SWTH 77-35-11 HEST, ':a*'distance of 205. 15 feet; thence NOflTH @8-22-38 NEST, a
feet to line of PGA
line of said Section 11, SOUTH 88-22- 3 Ei
'Q P-
square feet or 0.1~1 acre of land, lore or
of record, 11 any.
42 Sou!h, llange 42
less.
East, Paln ecach County, Fior~~,said line being SOUIH 88-22-30 EASr.
( I If.
I hereby certify that the n shoun hereon and the sketch attached hereto does not resent a survey of fhe subject premises and that the data technical Starldards ds set forth by the Florida pursuant to Sectian 472.027. Florida 11, of the Florida Admlnlstratlve Code.
I
-P. 0. c.
Sheet 2 of 2
Sect. 11: r4zs ~42~
inrormatrcn mun hrrcon dcea nor cnnstltute. nor daes I1 recrrsrnt. a surrey Jr the SubjCft arertrci.
and street lighting improvements which shall
(i) bulbs, (ii) lighting limited to:
(iii) wiring and conduits, (iv) control
(vi) landscape poles and posts.
and sprinkler system, including but: not
limited to: '"-(i) eprinkler heads, (ii) piping, (iii) valves,
(iv) meters, an control panels for irrigation system. k/ r-9 I/ i'
(c) Trees, &=y>hrubs, flowering plants and grasses I
8'
EXHIBIT
J:\Legal\DJE5645
" B
placement
stent with
Please return the original to the City Clerk's Office, Palm Beach Gardens
Municipal Complex, 10500 N. Military Trail, Palm Beach Gardens, FL 33410
._ PIMENTEL.
3
SPECIAL E\)ENT DATE
APPROVALS:
Mike PARKS Kelly 1/31/67
RECREATION
Tim Kasher
BUILDING DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterman
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong "
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Heather Graeve
CONDITIONS:
PLANNING MANAGER
Tara-Lynn Patton
2~7
DATE
CITY OF PALM BEACH GARDENS
SPECIAL, EVENT PERMIT APPLICATION
Please type information or print legibly in dark ink. Application must be filled out
completely. Please read all instructions before filling out application and note the permit
requirements that are necessary to be included as attachments to the permit application.
Application fee and completed application shall be included when submitted to the
Growth Management Department.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephone: 561-799-4243 Fax: 561-799-4281
Name of event
AddressLocation of event
Detailed descrintion of use (use additional sheet if applicable)
Dates and times of the event
Begin Tim End Time
EventDay 1 e$ Tz \o [&jPM \o []AM[@
Page 1 of 4 JAM 3 0 2007
Oreanization (s) Producine Event:
Name: k \WINS OF ?SG Name:
Address: 4s8a ?a &Up * \ Address:
Statelzip: ?BG : FL 3%\0 -Statelzip:
PIione: Sb\ - 2-4 L22-b Phone:
Alternative Phone #: <b\ - 339 -
Fax: Fax:
5 15 Alternative Phone #:
Individual fsl Resnonsible:
S tatelzip: Statelzip:
Phone: Phone:
Alternative Phone #: Alternative Phone #:
Fax: Fax:
von-Profit. Private or Commercial Enternrises [If applicablel:
Tax Exempt Number:
Corporation Name:
Date of Incorporation (Please attached articles of incorporation):
~
Estimated number of participants 0t.r 6~- 34 t N ES c
/ Has this event occurred in the City of Palm Beach Gardens before? Yes - No
Has the site of the event had a special event already this calendar year Yes No
Ifso, tiow many times? wl(fi
Page 2 of 4
Will your event require road closure? Yes - No-- 4
If yes, describe the requested street segment closure and times.
Will the event require the use of electricity? Yes ___ No-- /
Will food and/or beverages be served? Yes ___ No-- /
Will the event have any vendors or concession sales? Yes __ No
If yes, the submit a complete list of food service vendors, their respective Palin Beach County mobile
occupational license permit, Florida State health certificates, and City registration.
Will Police Services be required? Yes ~ No-- /
Will Fire Services be required? Yes ~ No(/
Will alcohol be served? Yes -NO /
[All alcohol requirements of Chapter 6: Alcohol must be met. See Chapter 6 attached]
Are you proposing any signs? Yes c/ No--
If Yes, nlease enclose a complete on-site andlor off-site sien nackaee sliowine the location, number,
size. CODY area, eraphics. illustration and logos all Proposed sienaee. (See sienaee reauirements nape
2 of the reeulations)
* Only one (1) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations
checklist.
.....................................................................................
Please enclose a non-refundable application fee payable to the City of Palin Beach Gardens.
FOR OFFICE USE ONLY
FEE REQUIRED: YES- NO-
FEE RECEIVED: YES __ NO-
FEE RECEIPT #
FEE DATE AND TIME RECEIVED:
Page 3 of 4
January 2,2007
Kilwin's Chocolates & Ice Cream
Of Palm Beach Gardens
4580 PGA Boulevard, Suite 101
Palm Beach Gardens, FL 33418
Re: Banner approval
Dear Steve:
Your request for a banner has been approved by PGA Commons per the specifications
outlined in your letter of January 26, 2007 and subject to approval from the City of Palm
Beach Gardens.
Cc: Cyndywarren, CREC, Property Manager
5520 PGA Boulevard, Suite 200, Palm Beach Gardens, Florida 33418
Tel: 561-630-8630 Fax: 561-630-863 1
www.pgacommons.com
Kilwin ’s Chocolates & Ice Cream
Of Palm Beach Gardens
4580 PGA Boulevard
Suite 101
Palm Beach Gardens, FL 33418
TEL(561) 296-6226
FAX(561) 296-6227
January 26,2007
Dear Channing Corporation:
We are requesting permission to place a Valentines Day Banner in front of the Kilwins
Store. The banner reads “Fresh Chocolate Dipped Strawberries” (see attached photo) and
is intended to promote Valentines Day business to Kilwins from February 8‘h - 14‘h,
2007. The banner would be located in the landscaped bum between the concrete
sidewalk and the pavers walk way directly in front of the store front window (see
attached map).
In order for the sign permit to be pulled from the City of Palm Biach Gardens, they
require a letter from Channing Corporation, to accompany the Special Event Application,
stating your approval of the above banner and location.
14
Thank you in advance for your cooperation and please call me with any questions.
Sincerely,
Steven Mathews
Kilwins Chocolates and Ice Cream
(561) 296-6226 ?
BANNER 1
BANNER 2 YRf
I I
PGA BOULEV~RP
109 IS. 103
1Ut
COMM
2.81%
2,510
Page 1 of 1
Heather Graeve
From: Heather Graeve
Sent:
To:
Subject:
Attachments: 07~kilwin~20070131100758.pdf
Tracking: Recipient Response
Wednesday, January 31, 2007 10:49 AM
David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow; Mike Kelly; Scott
Fetterman; Tim Kasher
Kilwins Chocolates at PGA Commons East Special Event Signage
David Reyes Approve: 1/31/2007 11:49 AM
Doug Wise Approve: 1/31/2007 12:41 PM
Gracie Hughes Approve: 2/1/2007 9:11 AM
Jack Schnur Approve: 1/31/2007 2:17 PM
Michael Morrow Approve: 1/31/2007 11:33 AM
Mike Kelly Approve: 1/31/2007 1150 AM
Scott Fetterman Approve: 1/31/2007 1O:SO AM
Tim Kasher Approve: 1/31/2007 11:46 AM
Please vote to "approve" or "reject" the attached special event permit application from Kilwins requesting a
banner for Valentine's Day. Thanks!
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
2/2/2007
HP LASERJET 3150 PRINTER/FAX/COPIER/SCANNER CITY OF PALM BEACH GARDENS
SEND CONFIRMATION REPORT FOR
799428 1
FEB-6-07 2:54PM
JOB START TIME USAGE PHONE NUMBER/ADDRESS TYPE PAGES
930 2/ 6 2:53PM 1'09" 561 2966227 SEND .............. 5/ 5
MODE STATUS
EC1 44 COMPLETED ...................................... .
I J
t
h
City of Palm Beach Gardens
(56 1 ) 799-4290
1 City Hall
Tue Jan30,2007 12:OOPM Trans#4-4
Name: STEVEN MATHEWS
Addr: 4580 PGA BLVD PALM BEACH GARDENS
4 $100,00 Permit - Permit * Cust #: 00009560 Permit #:
1 ITEM(S): TOTAL: $100.00
Check PAID $100.00
0703001-2 01/30/2007 BR1 T8
SPEV-07-01-000092
www .pbgf 1 .com
Time: (0 :oQ P4k - [&O= pr/l
I FOR OFFICE USE ONLY
APPROVALS:
PARKS
Mike Kelly
RECREATION
Tim Kasher
BUILDING DIVlSlON
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterman
POLICE DEPARTMENT 6.6 G bk 6mh.;k Schnur ,
RISK MANAGEMENT 3*
Gracie Hughes-Wong -
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Heather Graeve
PLANNING MANAGER
Tara-Lynn Patton
. -
SIGNATUR DATE
CITY OP PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
Please type information 01’ print legibly in dark ink. Application must be filled out
completely. Pleasc rcad all instructions before filling out apglication and note the permit
requirements that are necessary to be included as allachnients to the permit application.
Application fee and completed application shall be included when submitted to the
Growth Managenicnt Department.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephotie: 561-799-4243 Pax: 561-799-4281
Add ressLocatioii of eveiit
Event Day 5
Event Day G
Event Day 7
---.-.-I I AMI
.-.-.-.I 1 AMI
-I I AMI
Page I Of 4
Intlivitlrinl (s) Rcyioiisible:
riloue: . Phone:
Altcrnntive rhonc W: __ Alternative Phone #:
Fax: Fax:
JVoii-Profit, I'rivrtc or Comiiiercinl Entcriwiscs [If cwnlicablel:
THX Exempt Number:
Date of Incorporation (Please attached articlcs of' incorporation):
Corporation Name: __.-
Estimated number of participants __ ' 5-0
Has this event occurred in the City of Palin Bench Gardens before? Yes x No
Has the &of the event had a special event ulready this calendar year Yes ___
If so, how many times?
i
Page 2 of 4
> Will your event require road closurc? Yes ___ - No--
Iryes, describe tlic rcqucstcd strcct scgmcnt closttrc and times.
Will the event hiive any vendors or concession sales? Ycs No
If yes, thc subillit o complete list of food servicc vcndors, thcir rcspective Pal111 Beticli County inobile
nccupat.ionnl license periiiit, Florida State health certificates, and City registratiou. x Will Police Services be required? Yes - No---..
Will Fire Services be required? Yes - No)(
Will nlcohol be served? Yes NO
[All alcohol requircmcnts ol'Chaptcr 6: Alcolinl niust be met. Sce Chapter 6 attached]
Are you proposing any sigiis? Yes No >(
If vcs. Iilcrsc ciiclose R corri~~letc on-site niitllor off-site sien nncluge sliowine the loc:ition, ti~nilicr,
size, COI)Y area. cralihics, illllstrntion :iiid loeos all nrooosed sicnnec. [See sienaec rcauirenients tiaee
2 of the reeiilntioiis)
* Only one (I) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations
chccklist.
Please enclose a noti-refundable application fee payable to the City of Palm Beach Gardens.
FOR OFFICE USE ONLY
FEE REQUIRED: YES- NO-
FEE RECEIVED: YES __ NO-
FEE RECEIPT #
PEE DATE AND TlME RECEIVED:
i
Page 3 of 4
I?
Heather G raeve
From: Heather Graeve
Sent:
To :
Subject:
Attachments: 07~oakva1~20070209151308.pdf
Friday, February 09, 2007 3:23 PM
David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow; Mike Kelly; Scott
Fetterman; Tim Kasher
Oakwood Grill Valentine's Day Covered Seating Special Event
Tracking: Recipient Response
David Reyes Approve: 2/9/2007 4:44 PM
Doug Wise Approve: 2/12/2007 8:43 AM
Gracie Hughes Approve: 2/12/2007 8:13 AM
Mike Kelly Approve: 2/9/2007 3:32 PM
Scott Fetterman Approve: 2/9/2007 3:44 PM
Tim Kasher Approve: 2/12/2007 8:12 AM
Please vote to "aprove" or "reject" the attached special event permit application from Oakwood Grill in PGA
Commons East requesting covered seating (a 20 x 20 awning) for Valentine's Day. Sorry for the short turn
around time on this one (applicant just dropped app off this afternoon). Thanks to all!
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
211 212007
HP LASERJET 3150 SEND CONFIRMATION REPORT FOR
PRINTER/FAX/COPIER/SCANNER CITY OF PALM BEACH GARDENS
7994281
FEB-13-07 4:13PM
JOB
I I I I 1 I I 1
START TIME PHONE NUMBER/ADDRESS TYPE
61
STATUS
2/13 4:12PM 1'08" 561 776 8231 SEND 4/ 4 EC144 COMPLETED
City of Palm Beach Gardens
(561 ) 799-4290
1 City Hall
Fri Feb16,2007 09:06AM Trans#25-25
Name: SPOTO, JOHN
Addr: 4610 PGA BLVD PALM BEACH GARDENS
25 $100.00 Permit - Permit * Cust #: 00001763 Permit #:
SPEV-07-02-000099
1 ITEM(S): TOTAL.: $100.00
Cash PAID $100.00
070470 1 - 1 02/ 16/2O07 BR1 T2
www .pbgf 1 .corn
J
APPROVALS:
PARKS
Mike Kelly
RECREATION
Tim Kasher
BUILDING DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterman
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Heather Graeve
OW.
PLANNING MANAGER
Tara-Lynn Patton
c
SIGNATURE DATE
CITY OF PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
Please type information or print legibly in dark ink. Application must be filled out
completely. Please read all instructions before filling out application and note the permit
requirements that are necessary to be included as attachments to the permit application.
Application fee and completed application shall be included when submitted to the
Growth Management Department.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephone: 561-799-4243 Fax: 561 -799-4281
AddressLocation of event
&,7?#dA.Q
Detailed description of use (use additional sheet if applicable)
Dates and times of the event
Event Day 2 -I IAM
Event Day 3 --...-I JAM
Event Day 4 -I IAM
Event Day 5 -- -I IAM
Event Day 6 -.-...-I JAM
Event Day 7 ----I IAM
Page 1 of 4
Fax: , , Fax:
Individual (s) Responsible:
Name: fi &OL'g Name:
Address: Address:
Statelzip: State/Zip:
Phone: Phone:
Alternative Phone #: Alternative Phone #:
Fax: Fax:
Non-Profit. Private or Commercial Enterprises IIf applicablel:
&---O"llg7 ql-dh37 P/( Tax Exempt Number: /)st-*c.-, &< fW'Mh- - 243CJG ceq%ci,G Corporation Name:
Date of Incorporation (Please attached articles of incorporation):
/3 I O- &*-I rk ic-fb\ &
Estimated number of participants 20
Has this event occurred in the City of Palm Beach Gardens before? Yes N0-L
1// Has the site of the event had a special event already this calendar year Yes No ,
If so, how many times? &
Page 2 of 4
I/' Will your event require road closure? Yes - No
If yes, describe the requested street segment closure and times.
Will the event require the use of electricity? Yes No -7-
Will food and/or beverages be served? Yes
Will the event have any vendors or concession sales? Yes
No /
No I/
Ifyes, the submit a complete list of food service vendors, their respective Palm Beach County mobile
occupational license permit, Florida State health certificates, and Sity registration. ., / Will Police Services be required? Yes No
Will Fire Services be required? Yes 2/ No
flYd@LC C.'O/ll/MW~~ dN,I Will alcohol be served? Yes __ NO J
[All alcohol requirements of Chapter 6: Alcohol must be met. See Chapter 6 attached]
/
ffi c I( cg /fi. 6 p] 7eco 7:
3 - 3 x,u &prt',CWL Are you proposing any signs? Yes J No
If ves. Dlease enclose a comDlete on-site and/or off-site sign packape showiw the
size. CODV area. praDhics. illustration and logos all Drooosed signape. -- (See signape reauirements pape -- 2 of the remlations)
* Only one (1) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations --fJs--
checklist. */* q,&
r 7, w' .....................................................................................
Please enclose a non-rehndable application fee payable to the City of Palm Beach Gardens.
FOR OFFICE USE ONLY
FEE REQUIRED: YES- NO-
FEE RECEIVED: YES - NO-
FEE RECEIPT #
FEE DATE AND TIME RECEIVED:
Page 3 of 4
PGA COMMONS Presents
A Valentines Event ... for Everything Close to Your Heart
Saturday, February 17, 2007
Valentine‘s Bark-A-Thon
To benefit Peggy Adams Animal Rescue League
Brought to you by PGA Commons and The Pampered Pup, the Bark-A-
Thon will bring out dog lovers and the objects of their affection to
participate in a puppy “marathon” that will end with an after party at
the Pampered Pup boutique. The minimum $10 registration fee will go
to support the Peggy Adams Animal Rescue League, which will be on
site with its Mobile Adoption Unit for those still “looking for love.”
Owners of our Bark-A-Thon participants will receive goody bags full of
special treats for their four-legged loves.
Big Heart Day
To benefit the Big Heart Brigade
Palm Beach Gardens Police and Fire Departments bring out the mobile
command units, hook and ladders, and their canine mascots to help
kick off the Bark-A-Thon and demonstrate their life-saving skills to
area children. A percentage of the proceeds from the day‘s Sweetheart
Deals will be donated to support the Big Heart Brigade, a non-profit
group started by area police officers, firefighters and business owners
to “Come to the Rescue” by feeding the needy.
Sweetheart Deals
From PGA Commons Retailers and Restaurants
All of PGA Commons’ retailers and restaurants will offer special
“Sweetheart Deals” during the event. Look for the items with the
heart-shaped red tags, or the dining specials marked with a red heart
to show your support for a charity close to our hearts. Every dog can
have his day by dining with his or her family outdoors at any of the
PGA Commons restaurants.
- JAN-22-2007 MON 03: 20 PM CHANNING#CORPORATION
01/22/2007 14:43 FAX
FAX: 15616308631 P, 003
@ 002/003
OAR (rrumOmw)
1/22/2007 ACORD, CERTIFICATE OF LIABILITY INSURANCE
rRWUcER THIS CERTlFICATE 18 t88UED A8 A MATIER OF INWRIJIATION t3xrrI.m ONLY AND CONFERS NO RIGHTS UPON THE CERTlFlCATE HOLOER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9800 HW 41 Sm, WIfX 300
UNU FL 33178
(30s) s9a-0090 (305) 593-6993 INSURERS AFFORDING COVERAGE WC t
I- INSLRERA Zuriah Kk
Po), caQms8, LLC
c/o Coatinontml brrl letate t2-4.0
2121 Ponan De Cwxa Blrd See. 1150
Coral -lea PL 33136
)?6m.€UB: -CUI @UUatbb G Lwil%tY -. 26247
WRER C:
INSURER D:
1 1 INSURER U I I
:OVERAGES
THE POUCIES OF INSURANCE LlST€b BELOW HAVE BEEN ISSUED TOTHE INSURED NAMEC) nSOvE FOR TM POLICY PER100 INDICATED. NOWITtiSTAhlC)ING
PoLiciEs. AGGREGATE UMITS SHOWN WY HAM eEW REWCED BY PAID CUUMS.
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUhGNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE0 OJ?
MAY PERTAIN, TWE INSURANCE AFFOFIDED BY THE POLICIES DESUUBED HEREIN IS SUBJECT# ALL THE TERhS, EXCLUSIONS AND CONDITIONS OF SUCH
I I \17 -r- ~~
[ WORD CORPORATlON 1988 ' ACORD 25 (2OMH18)
blaster Site Plan
GA Commons Leasable Square Footage
1 PARCEL 1 BUILDING I LEASABLE S.F.
FIRST FLOOR
I I I
2-1 A 4429
2-28 48 92-
2-3B 4892-
2-4A 450r
I1
I11
EAST
IIzIZIz ) -
POA BOULEVARD
Parcel I11 East Parc
I I
ARTlCLE 1II. NOISE"
ARTICLE Ill. NOISE*
Page 1 of 2
*Cross references: Businesses, ch. 18; streets, sidewalks and certain other public places, ch. 62;
traffic and vehicles, ch. 70; buildings and building regulations, ch. 86; excavation and fill regulations, ch.
94; zoning, ch. 118.
Sec. 34-56. General restrictions.
(a) Residential and conservation districts. From 8:OO p.m. on each day from Sunday through
Thursday through 8:OO a.m. on the next day, from 11:OO p.m. on Friday through 8:OO a.m. on
Saturday, and from 11:OO p.m. on Saturday through 12:OO noon on Sunday, no person on
property within a residential district or a conservation district of the city shall operate, cause to
be operated, or permit the operation of any device, machine, appliance, instrument, equipment,
or boat motor in a manner which causes noise to be generated from such device, machine,
appliance, instrument, equipment, or boat motor, or from anything attached or connected to
such device, appliance, instrument, equipment, or boat motor, that can be heard at a distance of
more than 25 feet from the boundary line of such property.
(b) Nonresidential and nonconservation districts. From 11 :00 p.m. on each day from Sunday
through Friday through 7:OO a.m. on the next day and from 11:OO p.m. on Saturday through
12:OO noon on Sunday, no person on property within a nonresidential district or a
nonconservation district of the city shall operate, cause to be operated, or permit the operation
of any device, machine, appliance, instrument, equipment, or boat motor in a manner which
causes noise to be generated from such device, machine, appliance, instrument, equipment, or
boat motor, or fromanything attached or connected to such device, appliance, instrument,
equipment, or boat motor, that can be heard at a distance of more than twenty-five feet from the
boundary line of such property.
(Code 1987, Cj 96.01 ; Ord. No. 13-1 998, § 1, 10-1 5-98)
Sec. 34-57. Shouting and yelling.
From 8:OO p.m. on each day from Sunday through Thursday through 8:OO a.m. on the next day,
from 11:OO p.m. on Friday through 8:OO a.m. on Saturday, and from 11 :00 p.m. on Saturday through
12:OO noon on Sunday, no person on property within a residential district or a conservation district
within the city shall yell, shout, or otherwise verbally create noise, either individually or in concert with
other persons at the same time and place, that can be heard at a distance of more than twenty-five feet
from theboundary line of such property. t (Code 1987, 96.02; Ord. No. 13-1998, 5 1, 10-15-98)
Sec. 34-58. Loudspeakers, amplifiers, and sound trucks.
(a) No person shall, either as principal, agent, or employee, play, use, or operate for any
purpose whatsoever, on or upon the public streets, alleys, parks, or thoroughfares in the city,
any device known as a sound truck, loudspeaker, or sound amplifier, or any other electronic or
mechanical device with a loudspeaker or sound amplifier, or any other instrument known as a
I1 ttp://libimy 1 .municode.com/mcc/DocView/1284 1 /1/9 1 /94?hi 1 i te= 1/22/2007
Page 1 of 1
Heather Graeve
From: Heather Graeve
Sent: Wednesday, January 17,2007 1:32 PM
To : David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow; Mike Kelly; Scott
Fetterman; Tim Kasher
Subject: Sweetheart Saturday Special Event at The Commons
Attachments: 07~commons01~20070117124453.pdf; 07~comsp01~20070117124941 .pdf;
07~comsp02~20070117125010.pdf
Tracking: Recipient Response
David Reyes fi~Jdc.'e\lQ: 1 1 \Y \ : kr bM
Doug Wise i\ff"rU.p'. d(7m 3: rq dlr
Gracie Hughes ++ f@ : ra.:&1 fFz
Jack Schnur Approve: 1/18/2007 2:08 PM
Michael Morrow Approve: 1/17/2007 5:37 PM
Mike Kelly Approve: 1/18/2007 6:55 AM
Scott Fetterman Approve: 1/17/2007 3:11 PM
Tim Kasher Approve: 1/18/2007 10:15 AM
Please vote ASAP to "approve" or "reject" the attached special event that will take place on 2/17/07 at all three
Commons to benefit the Peggy Adams Rescue League and The Big Heart Brigade. The signage size will be 16
square feet, not 3 x IO. Let me know if you have any questions or concerns. Thank you!
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
(561) 799-4234
1/19/2007
HP LASERJET 3150 SEND CONFIRMATION REPORT FOR PRINTER/FAX/COPIER/SCANNER CITY OF PALM BEACH GARDENS
7994281
JAN-22-07 5:19PM
JOB START TIME USAGE PHONE NUMBER/ADDRESS TYPE PAGES MODE STATUS
722 1/22 5:17PM 1'50" 15616306631 SEND .............. 7/ 7 EC144 COMPLETED ........................................
I
TOTAL 1'50" PAGES SENT: 7 PAGES PRINTED: 0
FaX
City of Palm Beach Gardens
-
DEVELOPMENT REVIEW COMMITTEE REVIEW CERTIFICATION
DRC MEETING DATE
3) rllA
<
DATE
APPROVALS:
PARKS
Mike Kelly
RECREATION
Tiin Kasher
BUILDING DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterman
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Heather Graeve
PLANNING MANAGER
Tara-Lynn Patton
c
SIMXTURE 1 DATE
CITY OF PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
/
Please type information or print legibly in dark ink. Application must be filled out
completely. Please read all instructions before filling out application and note the permit
requirements that are necessary to be included as attachments to the permit application.
Application fee and completed application shall be included when submitted to the
Growth Management Department.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephone: 561-799-4243 Fax: 561 -799-4281
Name of event
Dates and times of the event
Event Day 3
Event Day 4
Event Day 5
Event Day 6
--~
PM
PM
PM
PM
Fax: Fax:
Non-Profit. Private or Commercial EnterDrises [If aDD1iCabkl:
Tax Exempt Number:
Corporation Name:
PurDose of the event
Estimated number of participants 2
7
Has this event occurred in the City of Palm Beach Gardens before? Yes No ' .
Has the &of the event had a special event already this calendar year Yes /No
If so, how many times? /
Page 2 of 4
v/ Will your event require road closure? Yes No
If yes, describe the requested street segment closure and ti es. r”
Will the event require the use of electricity? Yes /, No
Will food and/or beverages be served? Yes No L/
Will the event have any vendors or concession sales? Yes No /
If yes, the submit a complete list of food service vendors, their respective Palm Beach County mobile
occupational license permit, Florida State health certificates, and City registration.
Will Police Services be required? Yes No /--
/ Will Fire Services be required? Yes No
Will alcohol be served? Yes __NO /
[All alcohol requirements of Chapter 6: Alcohol must be met. See Chapter 6 attached]
Are you proposing any signs? Yes J No
If ves. Dlease enclose a comdete on-site andlor off-site
size. CODV area. eraDhics. illustration and logos all DroDosed signage. (See siPnaee reauirements Daee
2 of the repulations)
* Only one (1) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations
checklist.
.....................................................................................
Please enclose a non-refindable application fee payable to the City of Palm Beach Gardens.
FOR OFFICE USE ONLY
FEE REQUIRED: YES- NO-
FEE RECEIVED: YES - NO-
FEE RECEIPT #
FEE DATE AND TIME RECEIVED:
Page 3 of 4
U
x
~~ Page 1 of 1
Heather Graeve
From: Heather Graeve
Sent:
To:
Subject:
Attachments: 07~carshow~20070209121124.pdf; 07~carshowsp~20070209121055.pdf
Tuesday, February 20,2007 9:20 AM
David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow; Mike Kelly; Scott
Fetterman; Tim Kasher
Classic Car Show at PGA Commons Special Event
Tracking: Recipient Response
David Reyes s(tpvc : &/a-obT 3!l&'@n
mvc: L/&h7 3: 03 fq
Doug Wise Approve: 2/20/2007 9:39 AM
Gracie Hughes Approve: 2/20/2007 9:29 AM
Jack Schnur
Michael Morrow Approve: 2/20/2007 2: 17 PM
Mike Kelly Approve: 2/20/2007 1:02 PM
Scott Fetterman Approve: 2/20/2007 9:36 AM
Tim Kasher Approve: 2/20/2007 12:15 PM
Hello to all ...p lease vote to "approve" or "reject" the attached special event permit application. If there is any way
to expedite your "voting" today, I'd really appreciate it. Channing Corp wants to place the signage out today if
possible.
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
(561) 799-4234
2/20/2007
HP LASERJ,ET 3150 SEND CONFIRMATION REPORT FOR PRINTER/FAX/COPIER/SCANNER CITY OF PALM BEACH GARDENS
7994281
FEB-20-07 4:22PM
START TIME
2/20 4:20PM
USAGE PHONE NUMBER/ADDRESS TYPE PAGES MODE STATUS
1'03" 15616308631 SEND .............. 4/ 4 EC144 COMPLETED ........................................
I
City of Palm Beach Gardens
(561) 799-4290
1 City Hall
Fri Feb09,2007 12:17PM Trans#9-9
0704001 -2 02/09/2007 BR1 T8
..
Name: SHAMIN ABAS
9 $100,00 Permit - Permit * Cust 8: 00007739 Permit #:
1 ITEM(S): TOTAL: $100.00
Check PAID $100.00
SP EV -07 - 02-0OOO95
www , pbgf 1 .corn
DRC-MEETING D
(7- pk.cL/'L
DATE SPECIAL E'VENTS PLANNER
APPROVALS:
PARKS
Mike Kelly
RECREATION
Tim Kasher
BUILDING DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterinan
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Heather Graeve
CONDITIONS:
CITY OF PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
Please type information or print legibly in dark ink. Application must be filled out
completely. Please read all instructions before filling out application and note the permit
requirements that are necessary to be included as attachments to the permit application.
Application fee and completed application shall be included when submitted to the
Growth Management Department.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephone: 561-799-4243 Fax: 561 -799-4281
Dates and times of the event
Page 1 of 4
Address: 1 Address:
State/Zip: State/Zip:
..I *2
Phone: Phone:
Alternative Phone #: Alternative Phone #:
Fax: Fax:
Estimated number of participants
Has this event occurred in the City of Palm Beach Gardens before? Yes No
Has the & of the event had a special event already this calendar year Yes 2/ No
If so, how many times?
(c '
?
3 ,
Page 2 of 4
w/ Will your event require road closure? Yes __ No
If yes, describe the requested street segment closure and times.
,,/’’.
Will the event require the use of electricity? Yes *’ No
Will food and/or beverages be served? Yes No
Will the event have any vendors or concession sales? Yes No
If yes, the submit a complete list of food service vendors, their respective Palm Beac .. County mobile
occupational license permit, Florida State health certificates, and City registration.
Will Police Services be required? Yes No /
F Will Fire Services be required? Yes __
Will alcohol be served? Yes __ NO c
[All alcohol requirements of Chapter 6: Alcohol must be met. See Chapter 6 attached]
If yes. Dlease enclose a comDlete on-site and/or off-site sign Dackage showine the locath. number,
size, CODV area. eraDhics. illustration and logos all DroDosed signage. (See simage reauirements Dace
2 of the reeulations)
* Only one (1) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations
checklist.
.....................................................................................
Please enclose a non-refundable application fee payable to the City of Palm Beach Gardens.
FOR OFFICE USE ONLY
FEE REQUIRED: YES- NO-
FEE RECEIVED: YES __ NO-
FEE RECEIPT #
FEE DATE AND TIME RECEIVED:
Page 3 of 4
'U '- P t H H
City of Palm Beach Gardens
(56 1 799-4290
1 City Hall
Fr i FcbO9,2007 12 : 20PM Trans#lO- 10
Name: SHAMIN ABAS
10 $100.00 Permit - Permit * Cust #: 00007739 Permit #:
SPEV-07-02-000096
1 ITEM(S): TOTAL: $100.00
Check PAID $100.00
0704001-2 02/09/2007 BR1 T8
www . pbgf 1 .corn
Page 1 of 1
Heather Graeve
From: Heather Graeve
Sent:
To :
cc: Kenthia White
Subject:
Attachments: 07~pgacommonsart~20070222102116.pdf; 07~pgacommartsp~20070222102219.pdf
Tracking: Recipient Response
Thursday, February 22, 2007 4:50 PM
David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow; Mike Kelly; Scott
Fetterman; Tim Kasher
PGA Commons Art & Craft Fair & Green Market Special Event
David Reyes Approve: 2/22/2007 5:07 PM
Doug Wise Approve: 2/22/2007 552 PM
Gracie Hughes Approve: 2/23/2007 8:47 AM
Jack Schnur Approve: 2/22/2007 5:32 PM
Michael Morrow Approve: 2/23/2007 9:29 AM
Mike Kelly
Scott Fetterman Approve: 2/23/2007 7:33 AM
Tim Kasher Approve: 2/22/2007 4:53 PM
Kenthia White
Approve: 2/23/2007 10:18 AM
Please vote to "approve" or "reject" the attached special event permit application for an Art & Craft Fair / Green
Market at PGA Commons East.
The proposed event will have mostly arts & craft vendors with a small portion of the event as a green market. I
am expecting to receive the Vendor Registration forms in the next few days, and will pass them on to Kenthia
White, Occupational License Specialist.
Thanks to all!
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
2/23 12007
SEND CONFIRMATION REPORT FOR
CITY OF PALM BEACH GARDENS
7994281
FEB-23-07 6:23PM
HP LASERJET 3150 PRINTER I FAX/COPIER ISCANNER
PAGES MODE STATUS JOB START TIME USAGE PHONE NUMBER/ADDRESS TYPE
194 2/23 6:22PM 1'04"
- 1561 6308631 SEND .........,,.., 4 / 4 EC144 COMPLETED........................................
CONDITIONL:
__
CITY OF PALM BEACH GARDENS
10500 N MILITARY TRAIL
PALM BEACH GARDENS FL 33410
(561) 799- 4267
VENDOR REGISTRATION FORM
SPECIAL EWNT
Contact -. Phone Number (2 I
Please include a copy of the occupational license for the business and state license (if
applicable).
****DO NOT WRITE BELOW THIS LINE OFFICE USE ONLY****
METHOD OF PAYMENT: Cash Ck Mastercard- VISA
AMOUNT PAID $
STATE LICENSE VERlFlED Yes NIA
LICENSE VERIFlED BY DATE
CITY OF PALM HEACW GARDENS
10500 N h'lJI,TTAKY TRATl,
PALM BEACH GAKDENS IC[, 33410
(561) 799- 4367
VEN 110 H REGJS'I'RA T10 N FO KM
SPEC'LAIA EVENT
****DO NOT WRJ'I'I$ BEL,OW THIS LINE OFFICE IJSE ONL,Y ****
AMOIJN'I' PAID $.. ,...__.,, __ --
02-21-2007 23~52 T Q WYNER 772 465 5658 PRGE2
CITY OK PALM BEACH GAKDE:W5
PALM BKACH GAKDENS FI, 333 10
iosoo N MILITARY 'rwL
(561) 799- 4267
VEKDOH KFX;JSTRA'riON FORM
SPECIAI. EVENT
02-28-2887 22:14 T 14 WYNER 772 465 5658 PAGE1
T3Wd 8S9S S9t7 ZLL tl3NhM tl 1 fQ:OO L@QE'-E!E!-Xi
I
... ...................... __. ... ........... ... ........ - . ... .__ .. __ ........
DR-13
R. 01/05
” .. -2%-
..I- E5 _C. F~d~nnnual .__...- Resalexiificate -- ... for - Saks .”-_ Tad]
THIS CERTIFICATE EXPIRES ON DECEMBER 31,2005
,,( I’AKtulNl r.u nrviwif
~i~~o~~.~ck~-~k C.edh@!.e.Nucnber i%snassName-amt&MnAddras.s.
PALM BEACH STITCHWORKS 10/08/04 60-80131711362-5
KRAlG ADAIR
420 WESTWOOD RD
WEST PALM BEACH FL 33401-7934
This is 10 codify that
EHeclivc Oillo by the ebove business are being purchmed Of ronted lor one 01 (he following putpoaes:
s Resale a6 Iaflgible personal properly. he-rental as raal ptopeny. . Rd.remal RS tEngiOle pcrsonol properly. - Incorporation Into and eale a3 pen 01 lhe reoalr of
rarlqiMe purmnel pfopeny Oy a replu denlrr. Ra?ale (If kervims. Ro-rental 88 trinerenl rental propefry.
~l,ls csnificata cennot be reass1gner.I or trdr\Sferlsd. Thls certificata can only be used by the activc dealer or it6 aurhnrlzed empluyees. Mlsuse of !his
Anllual Rcsele Certiflcste will sub]ecl the u6er lo penalties as provided Oy law. Use signed photocopy for resale purpoaes.
tangible personal properly purchased of rented. real propefly rented. or seNicee purchased On of BltQr rhe above RrQlslralion
Incorporatiofl de e rnarerfsl. ingredlenl. of cornuorionl
patl of tenylble potscine1 propcrq that is aeing
produced lor eale by menulncluring. compoumliny.
or procassing.
. ....... ...... ...... ............... .... .. ... .- ......... ._ -- -. .. .... .- I _. .-
DA-13A .- .--.- .-.- .....-
R. 01/06 Resale Certificate for Sales Tad] ... __.. ... -_. .....-. . ..-_ ..... ......
THIS CERTIFICATE EXPIRES ON DECEMBER 31,2006
01 Mvrt.t I
B.~ncssJ&.~!~,~LO.Ci&? Ads&_S..S .CerlitiCim!Nurnb,et
PALM REACH STITCHWORKS 60-801 3174362-5 KRAIG ADAIR
420 WESTWOOD RD
WEST PALM BEACH FL 33401-7934
..
..
T39tJd
CI'I'Y OF PALM BEACH GARDENS
10500 N MILITARY 'I'RAK
PALM BEACH GARDENS FI, 334 10
(Sfif) 799- 4267
VENDOR REGISTRATION FORM
SYECTAI, EVENT
Please include a copy of the occupational license for the business and state license (if
a p p I i cab 1 e).
****DO NOT WRI'TE BELOW THIS LINE OFFICE USE ONLY****
VISA Mastercard METHOD OF PAYMENT: Cash Ck
AMOIJN'I' PAID $- $0 I
s'rA'rE LICENSE VERIFIED Yes N/A
LICENSE VERIFIED BY - DATE __
crry OF PALM BEACH GARDENS
10500 N MILITARY TRAIL
PALM BEACH GARDENS FI, 334 10
(561) 799- 4267
VENDOR REGISTRATION FORM
SPECIAL EVENT
Name of Business TDdfhW
Mailing Address rz/ L L/ll
r9& State FM zip 33 YfF’
Contact poidk 6eFk Phone Number ( k/f’
Print ’20~~ &
Please include a copy of the occupational license for the business and state license (if
applicable). kOYfWZ/3/ gO8-f
****DO NOT WRITE BELOW THIS LINE OFFICE USE ONLY****
METHOD OF PAYMENT: Cash- Ck Mastercard- VISA
AMOUNT PAID $
STATE LICENSE VERIFIED Yes NIA
DATE LICENSE VERIFIED BY
CITY OF PALM BEACH GARDENS
10500 N MILITARY TRALL
PALM BEACH GARDENS FI, 334 10
(561) 799- 4267
VEN DO R REGISTRATION FORM
SYECIAI. EVENT
3
4
Mailing Address . 370 cim 15eei)
t’lt.,a.se include a copy of the occupational license for the business and state license (if
a p p ! i ca b 1 e).
****DO NO?’ WRITE BELOW THIS LINE OFFICE IJSE ONLY”***
ME‘I’HOD OP PAYMENT: Cash Ck - Mastercard VISA
AMOtJNT PAID !$
STATE: LICENSE VERIFIED Yes NIA
LICENSE VERIFIEI) BY DA ’I’E . -__ ___ --
crry OF PALM BEACH GARDENS
(561) 799- 4257
10500 N MILTTARY TRAII,
PALM BEACH GARDENS FIA 333 10
****DO NOT WRI'I1E RELOW THIS LINE OFFICE IJSE ONLY*"**
METHOD OF PAYMENT: Cash Ck Mastercard VJSA
AMOIJNl PAID !$
S'I'ATE LIGEN SE VERIFJED Yes N/A
LICENSE VERIFIED BY- DATE __ ~
CI'I'Y OE' PALM HEACH GARDENS
10500 N MDLITAKY TRAIL
YAI,M HEACH GARDENS FL 333 10
(561) 799- 4267
VENI)OK KE;G1S'1'HA'I'ION FORM
SPECIAI, EVRNT
****DO N0'1 WRITE BELOW THIS LINE OFFICE USE ONI.Y*****
8S9S S9b ZLL tl3NhM U L S0:00 L00Z-22-20
1 2007 Florida Annual Resale Certificate for Sales Tax I
THIS CERTIFICATE EXPIRES ON DECEMBER 31,2007
Business Name and Location Address
MARILYN SOSEY
149 BENT TREE DR
PALM BEACH GARDENS FL 33418-3599
This is to certify that all tangibte personal property purc 2s.s
purchased or rented for one of the following purposes:
3r rer A, real property rer
DR-13A
R. 01/07
Certificate Number
60-801 2973272-1
Ed, or services purchased by the above business are being
Resale as tangible personal property. Re-rental as real property. Incorporation as a material, ingredient, or
Re-rental as tangible personat property.
Resale of sewices
This certificate cannot be reassigned or transferred. This certificate can only be used by the active registered dealer or its authorized employees.
Misuse of this Annual Resale Certificate will sut$ct the user to penalties as provided by law.
Incorporation into and sale as part of the repair of
tangible personal property by a repair dealer.
Re-rental as transient rental property. compounding, or processing.
component part of tangible personal property
that is being produced for sale by manufacturing,
Presented to: 3-/4 7
(date)
u I v 1 s 1 on or Lorp o rat I o ns rage I or I
http://www.sunbiz.org/scripts/ficidet.exe?action=DET~G&docnum=G04320900289&rdocnum=... 2/27/2007
CI'l'Y OE' PALM REACH GARDENS
IOSOO N MTLITARY TRAIL.
PALM HISACH f3AHI)ENS F'L 334 10
(561) 799- 4267
VENI'IOR REGISTRATION FORM
SPECIAL EVENT
Please include n copy of the: occupat.ionHl license for the. businesfi and slate license (if
upplicuhle).
****DO NOT WRIJ'E BELOW THIS I.IFIE OFFlCk; 1JS.F ONLY****
T34tJd
Cl'l'k' OF PALM BEACH GAKDENS
10500 N MILITARY TRAIL
PALM BEACH GARDENS FL 334 10
(561) 799- 4267
VENDOR REGISTRATJON FORM
SPECIAL EVENT
****DO NOT WRI'E BELOW THIS LINE OFFICE USE ONLY****
VISA Mast ercard Ck - METHOD OF PAYMENT: Cash
AMOIJN'I' PAID $
STATE LICENSE VERWED Yes - N/A
CITY OF PALM BEACH GARDENS
10500 N MILITARY TRAIL
PALM BEACH GARDENS FL 33410
(561) 799- 4267
VENDOR REGISTRATION FORM
SPECIAL EVENT
Please include a copy of the occupathal license for the business and stat k license (if
applicable).
****DO NOT WRITE BELOW THIS LINE OFFICE USE ONLY****
METHOD OF PAYMENT: Cash- Ck Mastercard VISA
AMOUNT PAID $-
STATE LICENSE VERIFIED Yes NIA
LICENSE VERIFIED BY DATE
CITY OF PALM BEACH GARDENS
10500 N MILITARY TRAIL
PALM BEACH GARDENS FL 33410
(561) 799- 4267
VENDOR REGISTRATION FORM
SPECIAL EVENT
Please include a copy of the occupational license for the business and state license (if
applicable).
****DO NOT WRITE BELOW THIS LINE OFFICE USE ONLY****
Cash- Ck Mast ercard- VISA METHOD OF PAYMENT:
AMOUNT PAID $
STATE LICENSE VERIFIED Yes NIA
LICENSE VERIFIED BY DATE
I .VI
. . ..
CXI'Y OF PALM BKACH GARDENS
1USOO N MEI'I'ARY TRAIL
PAIdM REACH GARDENS E'L3.U 10
(561) 799- 4267
VENDOR KKGISTKA'I'ION FORM
SYJKIAI, EVENT
Florida Department of Agriculture and Consumer Services
Division of Food Safety
3125 Conner Boulevard, C-26
Tallahassee, Florida 32399-1 650
December 6, 2006
(850) 245-5520
Business Mailing Address :
CINDY GUGLlELMl (DBA LEMONADE SHAKE UPS)
178 E HAMPTON WAY
JUPITER FL 33458 - 8148
Firm N:!mber : 288568
Decal number : 20070749
Business name and location address :
LEMONADE SHAKE UPS
178 E HAMPTON WAY
JUPITER FL 33458
Permit Year: 2807
Gear Operator;
THIS LETTER IS YOUR 2007 MOBILE VEHICLE ANNUAL FOOD PERMIT. THIS ORIGINAL LETTER MlJST BE
KEPT IN THE PERMITTED VEHICLE. PLEASE MAKE SURE YOU PLACE THE ATTACHED DECAL IN AN
EASY TO SEE LOCATION ON THE EXTERIOR OF THE VEHICLE AND KEEP THIS LETTER AVAlLABLE FOR
THE INSPECTOR. The decal must be securely attached to the vehicle using the self adhesive backing. Failure to
display this decal in accordance with this policy may result in administrative action for violation of Florida
Administrative Code 5K-4.020(2), "...Permits shall be conspicuously displayed at locations for which issued and
are not transferable ..." This decal and letter is valid only for the vehicle to which it is issued. If you have any
questions about the placement of this decal please call us at 850-245-5520.
Please note that the number on the decal is not the same as your firm number. The number on the decal will
change each year but your firm number will always remain the same. Please include your firm number in any
correspondence or phone calls.
If any other licensing authority requests to see your Annuai Food ?ern tii prior'to issuing ihek kenso this lettor
should serve as proof that you have submitted payment for your Mobile Vehicle Annual Food Permit.
Sincerely, * .TPd
., John T. Fruin, DVM, Ph. D .
ChieF, Bureau of Food & Meat Inspection
,& . ._ Division of Food Safety
.. i ..A
*. *
I..
CITY OF PAL,M BEACH GAKIIKNS
10500 N MILITARY 'l.RAn,
PALM REACH GARDENS F1,.3.34 IO
(561) 799- 4267
V tiN DOR REGISTKA '1'1 0 N FORM
SPECIAL EVKNT
Please, include a copy of Ihc: occupatiorial license for the business aiid state license (,if
;I p p I i ca h I C! j .
****DO NOT WRITE BnOW TlilS LINK OIWCE USi< ONLY****
Mk;'J'I lOD OF PAYMENT: Cash- Ck Mastercard VISA
AM0I.iNT PAlD $
S'rAIX LICNNSK VERIFIED Ycs - N/A
1 .TCRNSE VERIFIED BY -- DATE ............... .-.----
. I I '.' 'I I: - . --I
lbrtificate ___ of Registratiod]
issued Pursuant to Chapter 212, Florida Statutes
DR-I I
R. 01/06
0410 1/06
I JI l'AK'l&ll N I
. .... - .. . -- .--. . . .- ,
' -1 i
1 03/15/06 7 QUARTERLY
-, . .- 66-801 3548897-9 0313 1 I06
Certificate Number Regislra1ion"Effective Dare Opening Date Filing Frequency
Tlik ct;rMoz mal
GEMSETTERS
DCNNIS ARVlDSON & MARGARET ARVIDSON
PORT ST LUCIE FL 34!3RG-2612
389 NW GRANVILLE ST
has mer !he sales and use lax registration requiremenis for the business location stated above and is authorized to collect and remit lax
as required by Florida law. This certificate is non-rransferable.
POST THIS CERTIFICATE IN A CONSPICUOUS PLACE
HIS IS YOUR SALES & USE TAX CERTIFICATE OF REGISTRATION\
(DETACH AND POST IN A CONSPICUOUS PLACE)
REFER TO THE BACK OF THIS SECTION FOR
SPECIFIC INFORMATION REGARDING YOUR
COUNTY'S TAX RATES.
~
f THIS IS YOUR ANNUAL RESALE CERTIFICATE FOR SALES TMT
Note: New dealers who register after mid-October are issued annual resale
certificates that expire on December 31 of the following year.
These certificates are valid immediately.
, - -- Dff- I I R, R IO/O5
(r 2006 Floida Annual Resale P. Certificate for -_. . !%le&~Il --.. . -. . - .
THIS CERTIFICATE EXPIRES ON DECEMBER 31, 2M
OR-13
R. 01/08
GEMSETTERS 03/31 106
DENNIS AHVIDSON & MARGARET ARVIDSON
389 NW GRANVILLE ST
PORT ST I.lJClE FL 34986-2612
66-801 3548897-9
)'tiis is to certily thal all tarigible personal properly purchased or rented. res) propeny ronled, of services purchased on or aher rho above Registfatioil
Effective Dale by the above business are being purchased or rented for one ot rho follnwing ()UtposeS; . Resalo as lanolble personal properly. Re-runll as real pmpefty. . II~CoWWon as a rlraterial. ingredient. or campo . RW-Wrlldl as Uriyiblo pls01r;ll oropeflv. lrlmrporalion into and 6akj as pan 01 the repair 01 - Resale of serviws. tangible personal propert$ by a repair defiler. - Re-rentel an transient rental properly or processing.
This cerlilica[e caiinol be reassigned of [fanslerred. This certificate can only be used by the aclive dealer or lls atllhOrize0 emplqws. Misuse of this
Annual Resale Cenilicale will subject the user lo penallles as provided by law. Use signed photocopy for resale purposes
nenl pan of tangible personal propeny ihdi IS herno
prduced lor sale by manutsawq. compounding.
_- Presented by; -
Idale) :ln%oI ~vilinc ul snlla on PholnoRy.1 Presented to: _. hllwrizad Sipnilirrc (Prirchnr;cr\ 1oa11:1
...... I.
. .. _ ......... _-
34 :i i I i 11 g :I cl CI r c ,s ,\ 714 . ... ., r/ , .,- rc. J-. ........... *- .---- ........ ,
1) A '1'E ... .- ......... ..... i,lcri:YsK VEKIFIEI) I3Y ,,.__.,_,._I,,_,,_,_., ,.__,____,__,___._,
8S9S S9b ZLL 83NAM U 1 Sot00 L00Z-ZZ-20
Florida Department of Agriculture and Consumer Services
A 128976 CERTIFICATE OF NURSERY REGISTRATION
Section 581.131, F.S. and Rule 5B-2.002, F.A.C.
1911 S.W. 34" St. I P.O. Box 147100, Gainesville, FL 32614-7100 / (352) 372-3505
CHARLES H. BRONSON
COMMISSIONER
THlS CERTIFICATE EXPIRES:
04/21/2007
FEE PAID:
B 25.00
DATE ISSUED:
04/21/2006
REGISTRATION NO.:
47237077
THlS IS TO CERTIFY that the nursery stock on the premises of the nurs,sry shown hereon has been inspected for plant pests and meets a1
least the minimum requirements of Section 581.131. Florida Statvtes.'
THIS CERTIFICATE OF REGISTRATION MUST BE DISPLAYED or in the irnrnediale possession of any person engaged in the sale or
distrlbutlon of nursery stock.
T39tld
CHARLES ti. BRONSON
Commissioner of Agriculture
*....::. . . . . ...
CI'I'Y OF PALM Bfi;A('lf GARDENS
10500 N MILITARY 'TRAIL,
PALM BEACH GARDENS FI.. 3.34 10
(561) 799- 4267
VENDOR KEGJS'T R A TI0 N FO KM
SPKCIAI. EVENT
plc~asc include a copy of the occupational liccnsc Tor the business and state. license (if
a pp I icu h 1 e).
****DO NOT WRNU HELOW 'I'HIS LlNE OFFICE IJSE ONLY****
_L
8S9S S9b 2LL WNAM tJ 1 f0:00 L002-22-20
Y
! 4
1 f t,
WL I L LWW' UW-WI I H WYNtK f(c! 465 5658 PAGE2
62-14-2087 03:EE T R WYNER 77% 465 5659
..
CITY OF PALM BEACH GARDENS
10500 N mTTARY TRAIT,
PALM BEACH GARDENS F"L 334 10
(561) 799- 4267
PHGE1
VENDOR REGT$rRATlON FORM
SPECIAL EVENT
Please include B copy of the occupatiand license for the business afid slate license (if
applkable).
MElXOD OF PAYMENT: Cmh Ck Mastercard- VISA
AMOUNT PAID $
LICENS VERlFIIW BY DATE
I R WYNER 772 465 5658 PFIGE3 -.. !
FROM : JDROM, INC. ___. ._.... ..,..... .-- .. --’ - . . ... 4.- I
Fcb. 23 2007 05:14PM PI
CTTd OF PALM BEACH GARDENS
10500 N MBATARY TRAIL
PALM BEACH GARDENS FL 33410
(561) 799- 4267
Date March I, 2007
Name of Burrlaass __ Wise Choice Collection
Mans Addresr
-
-
2381 SW Independen@ Road
Port Saint Lucie Wtt FL Zip 34053
‘u
Conuct G. Richard FitzGsrald . Phons Number 878-3904
T~~~ of B~~~~~ Handmade Gemstone
I!3i$nr tu re mv&c-=- Ptiat 6- R_. ~+~Gw& 7
T39tld
!OM : IRMR VICUNA FFlX NO. : 561 691 4722 Fcb. 26 2007 10:05AM P1
Please include LI copy ut' the occupationrrl Iicenae for tlrc husfnesa and stale licemsc. (if
H p D 1 i CAI b 1 e 1,
S39tJd
... .-
” IT. --, .>e,,-<,.. i ces: . H o
2 14.29 PM 2/77!2007
Licciiscc Details
1% Type:
1
A
10/13/2005 Current with
No Plan Review
I at-e-d-Li ce n s e I n fo r m a t i o n
-.
https://www.myfloridalicense.com/licenseDetail.asp?SID=&id=3203 796 2/2 7/2 0 0 7
CITY OF PALM BEACH GARDENS
10500 N MILITARY TRAIL
PALM BEACH GARDENS FL 33410
(561) 799- 4267
VENDOR REGISTRATION FORM
SPECIAL EVENT
Date 3 -1-07
Mailing Address ,//o(n 5'
- Phone Number C'\Z ) 7cf 7 -77 7 7
Type of Business
Please include a copy of the occupational license for the business and state license (if
ap p li ca b 1 e).
****DO NOT WRITE BELOW THIS LINE OFFICE USE ONLY****
VISA METHOD OF PAYMENT: Cash- Ck Mast erca rd-
AMOUNT PAID $
STATE LICENSE VERIFIED Yes N/A
LICENSE VERIFIED BY DATE
02-21-2007 23:56 I H WYNtK ffc! 465 bb3,tl reo cr CUUI IL:JL~II nr L~JCRJCI rnn
NAKED LADY
FRANCES VAUGHN
llDE SE HARKEN TER
TEQUESTA FL 934688160
OR-1sA
R. 01 h7
02-21-2607 23:2E T FI WYNER 772 465 5658 PFIGEl
I FOR OFFICE USE ONLY I
Special Event: (',(dJ c &-*- ,g,=
-&et
W
DEWLOPMENT REVIEW COMMITTEE
DRC MEETING DATE
v SPEC~AL EVENTS PLANNER DATE
APPROVALS:
PARKS
Mike Kelly
~ RECREATION PilA h.l!*~i -*/;/Tim I( Kasher
BUILDING DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterman
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Heather Graeve
PLANNING MANAGER
Tara-Lynn Patton
CITY OF PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
Please type information or print legibly in dark ink. Application must be filled out
completely. Please read all instructions before filling out application and note the permit
requirements that are necessary to be included as attachments to the permit application.
Application fee and completed application shall be included when submitted to the
Growth Management Department.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephone: 561-799-4243 Fax: 561-799-4281
Name of event
,4ddress/Location of event
Dates nnd times of the event
Begin Time End Time
Event Day 1 /a:& [MMf 1 PM 3:- []AM[@M
Event Day 4 I I AMI I PM I IAMf I PM
Event Day 6 I AM I 1 PM I lAMf 1 PM
Page 1 of 4
cc :-a 2’”
Name: &d&-fiS &$C, Name:
Address: e$&&- Address:
State/Zip: fi Statc/Zip:
Phone: 1 48adG Phone:
Alternative Phone #: Alternative Phone #:
Fax: Fax:
Non-Profit. Private or Commercial Enternrises [If twolicablel:
attached articles of incorporation):
Puroose of the event
A&fi,Q;,;~ OF e& pdmfiu~s
L/ Estimated number of participants A2 V
Has this event occurred in the City of Palm Beach Gardens before? Yes __ No-
Has the site of the event had a special event already this calendar year Yes - No- /
If so, how many times?
Page 2 of 4
Will your event require road closure? Yes ~ No-- /
If yes, describe the requested street segment closure and times
J Will the event require the use of electricity? Yes - No--
Will food and/or beverages be served? Yes ~ No-- /
/ Will the event have any vendors or concession sales? Yes __ No-
If yes, the submit a complete list of food service vendors, their respective Palin Beach County mobile
occupational license permit, Florida State health certificates, and City registration.
Will Police Services be required? Yes - No--
Will Fire Services be required? Yes - No-
Will alcohol be served? Yes -NO
[All alcohol requirements of Chapter 6: Alcohol must be met. See Chapter 6 attached]
I../
/
/-
/k SQJW. Kat S,'d lA.ql Are you proposing any signs? Yes
If yes. please enclose a complete on-site and/or off-site sim package showing the location, number,
size. copy area. graphics. illustration and logos all proposed signnee. (See sienaee reauirements pave
2 of the reeulations)
* Only one (1) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations
checklist.
.....................................................................................
Please enclose a non-refundable application fee payable to the City of Palin Beach Gardens.
FOR OFFICE USE ONLY
FEE REQUIKEL): YES- NO-
FEE RECEIVED: YES __ NO-
FEE RECEIPT #
I FEE DATE AND TIME RECEIVED:
Page 3 of 4
4RTICI.E Ill. NOISE;': Page 1 of2
ARTICLE 111. NOISE*
*Cross references: Businesses, ch. 18; streets, sidewalks and certain other public places, ch. 62;
traffic and vehicles, ch. 70; buildings and building regulations, ch. 86; excavation and fill regulations, ch.
94; zoning, ch. 118.
Sec. 34-56. General restrictions.
(a) Residential and conservation disfricts. From 8:OO p.m. on each day from Sunday through
Thursday through 8:OO a.m. on the next day, from 11:OO p.m. on Friday through 8:OO a.m. on
Saturday, and from 11:OO p.m. on Saturday through 12:OO noon on Sunday, no person on
property within a residential district or a conservation district of the city shall operate, cause to
be operated, or permit the operation of any device, machine, appliance, instrument, equipment,
or boat motor in a manner which causes noise to be generated from such device, machine,
appliance, instrument, equipment, or boat motor, or from anything attached or connected to
such device, appliance, instrument, equipment, or boat motor, that can be heard at a distance of
more than 25 feet from the boundary line of such property.
(b) Nonresidential and nonconservation districts. From 1 1 :00 p.m. on each day from Sunday
through Friday through 7:OO a.m. on the next day and from 11:OO p.m. on Saturday through
12:OO noon on Sunday, no person on property within a nonresidential district or a
nonconservation district of the city shall operate, cause to be operated, or permit the operation
of any device, machine, appliance, instrument, equipment, or boat motor in a manner which
causes noise to be generated from such device, machine, appliance, instrument, equipment, or
boat motor, or fromanything attached or connected to such device, appliance, instrument,
equipment, or boat motor, that can be heard at a distance of more than twenty-five feet from the
boundary line of such - property. . . . . . _._^- "-
_*_-_..-.. -_A-
ode7987, § 96.01;-0rd. No. 13-1998, 5 1, 10-15-98)
. >e-.--.- -
-
See. 34-57. Shouting and yelling.
From 8:OO p.m. on each day from Sunday through Thursday through 8:OO a.m. on the next day,
from 11:OO p.m. on Friday through 8:OO a.m. on Saturday, and from 11:OO p.m. on Saturday through
12:OO noon on Sunday, no person on property within a residential district or a conservation district
within the city shall yell, shout, or otherwise verbally create noise, either individually or in concert with
other persons at the same time and place, that can be heard at a distance of more than twenty-five feet
from theboundary line of such property.
(Code 1987, 5 96.02; Ord. No. 13-1998, § 1, 10-15-98)
Sec. 34-58. Loudspeakers, amplifiers, and sound trucks.
(a) No person shall, either as principal, agent, or employee, play, use, or operate for any
purpose whatsoever, on or upon the public streets, alleys, parks, or thoroughfares in the city,
any device known as a sound truck, loudspeaker, or sound amplifier, or any other electronic or
mechanical device with a loudspeakfx arsauodarnplifier, or-an)LQth~riffstrUmel7~k~ownafa-- -
1 13313nn7 http://libim-y 1 .municode.corn/mcc/DocView/l2841/1/9 1 /94'%ilite=
.4QTTCLE Ill. NOISE"' Page 2 of 2
calliope, which is attached to or located upon any vehicle or other device, equipment, or
mechanism capable of moving or being moved upon thestreets or public places of the city and
which emits noise intended to be heard by persons other than those occupying the vehicle or
other device, equipment, or mechanism on which such loudspeaker, sound amplifier, or other
instrument is attached or located.
(b) An exception to the provisions of this section may be permitted for public or charitable
purposes after written permission for same is granted by the city, provided that use shall not be
permitted before 8:OO a.m. or after 6:OO p.m. and use shall not be permitted within 1/2 mile of
any hospital nor within 1/2 mile of any school or church while it is in session.
(Code 1987, Cj 96.03; Ord. No. 13-1998, § 1, 10-1 5-98)
Sec. 34-59. Construction equipment.
Construction equipment may be operated in the actual construction of buildings and
improvement of building sites within a residential district beginning at 7:OO a.m. on any day from
Monday through Saturday, notwithstanding any other provisions of this article, but shall be operated in
compliance with any applicable performance standards set forth in this Code.
(Ord. No. 13-1998, 5 2, 10-15-98)
Sec. 34-60. Golf course maintenance equipment.
Golf course maintenance equipment, including, but not limited to, tractors, lawnmowers,
trimmers, and edgers, may be operated in the actual maintenance of a golf course within a residential
district from 6:OO a.m. through 6:OO p.m. on any day, notwithstanding any other provisions of this article,
but shall be operated in compliance with any applicable performance standards set forth in this code.
Safety equipment, including lightning alarms, may be operated at any time the course is open to the
public or members for business.
(Ord. No. 13-1 998, ij 3, 10-1 5-98)
_- . " - .- -- . *
Sec. 34-61. Sanitation trucks.
--Sa-nitation trucks, including €rucks picking up recycled materials, may be operated in the city
from 6:OO a.m. through 6:OO p.m. on any day from Monday through Saturday, notwithstanding any other
provisions of this article, but shall be operated in compliance with any applicable performance
standards set forth in this code.
(Ord. No. 13-1998, § 4, 10-15-98)
Secs. 34-62-34-85, Reserved.
Page 1 of 1
Heather Graeve
~~-~~
From: Heather Graeve
Sent:
To :
Tuesday, March 06,2007 3:52 PM
David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow; Mike Kelly; Scott
Fetterman; Tim Kasher
cc: Ann Schilling
Subject:
Attachments: 07-classcar2-20070306 153623. pdf; 07-classcar2sp-20070306 153649. pdf
PGA Commons Classic Car Show Special Event
Tracking: Recipient Response
David Reyes Approve: 3/8/2007 11:OO AM
Doug Wise Approve: 3/7/2007 8:38 AM
Gracie Hughes Approve: 3/6/2007 3:58 PM
Jack Schnur Approve: 3/8/2007 1:04 PM
Michael Morrow Approve: 3/7/2007 7:52 AM
Mike Kelly Approve: 3/6/2007 4:13 PM
Scott Fetterman Approve: 3/6/2007 3:54 PM
Tim Kasher cc,’T;-
Ann Schilling Approve: 3/6/2007 4:36 PM
Please vote to “approve” or “reject“ the attached special event permit application for a classic car show at PGA
Commons East (Parcel 3). Thanks!
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
3/8/2007
HP LASERJET 3150 PRINTERIFAXICOPIERjSCANNER
SEND CONFIRMATION REPORT FOR
CITY OF PALM BEACH GARDENS
7994281
JOB START TIME USAGE PHONE NUMBER/ADDRESS TYPE PAGES MODE
424 3/13 3:59PM 1'41" 1561 6308631 SEND .............. 6/ 6 EC144
L MAR - 13-07 4: 01 PM
STATUS
COMPLETED .... ...................................
RISKMANAGEMIN I 6 K. ,510 b107
Oracle Hughes Wong
bv!d Rmr
CODE ENFORCEMENT 3 l0Brb-r .,
City of Palm Beach Gardens
(561) 799-4290
1 City Hall
Tue Feb27,2007 09 :07AM Trans#4-4
Name: SHAMIN ABAS
4 $100,00 Permit - Permit * Cust #: 00007739 Permit #:
SPEV-07-02-0001 Oi
1 ITEM(S): TOTAL: $100.00
Check PAID $100.00
0705801 - 1 02/27/2007 BR1 T8
www , pbgf 1 ,corn
Date:
Time:
FOR OFFICE USE ONLY
ad- 'P-f-Y-L'<
DATE SPECIAL EVENTS PLANNER
APPROVALS:
PARKS
Mike Kelly
RECREATION
Tim Kasher
BUILDING DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterman
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Heather Graeve
PLANNING MANAGER
Tara-Lynn Patton
From
CITY OF PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
Please type information or print legibly in dark ink. Application must be filled out
completely. Please read all instructions before filling out application and note the permit
requirements that are necessary to be included as attachments to the permit application.
Application fee and completed application shall be included when submitted to the
Growth Management Department.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephone: 561-799-4243 Fax: 561-799-4281
Dates and times of the event
Event Day 3 - -.--.-I
Event Day 4 -1
Event Day 5 i
Event Day 6 ___- I
Event Day 7 -..--I
Page 1 of4
AM[ ] PM
AM[ ] PM
AM[ ] PM
AMI PM
AM( 1 PM
1 PM
PM
PM
PM
PM
Name: tr' J& $4 2 y&z, /j $/' Name
Address. -%%J7 Address.
S tatelzip' StatcIZip
Phone. /+??d 'E-- Phone.
Alternative Phone #:
d
Alternative Phone #:
Fax: Fax: .-
pori-Profit. Private or Commercial Enternrises [If epplicablel:
Tax Exempt Number:
Corporation Name:
PurDose of the event
Estimated number of participants yo4:'
Has this event occurred in the City of Palm Bcach Gardens before? Yes ___
Has the site of the event had a special evcnt already this calendar year Yes __ No-
If so, how many times?
J' ?-
Page 2 of 4
J" Will your event require road closure? Yes - No-
If yes, describe the requested street segment closti nd times. ,,/'
,/
,
Will the event require the use of electricity? Yes J No--
Will food and/or beverages be served? Yes __ Nod-
Will the event have any vendors or concession sales? Yes - No- /'
If yes, the submit a complete list of food service vendors, their respective Palin Beach County mobile
occupational license perniit, Florida State health certificates, and City registration.
Will Police Services be required? Yes ___ No ___ d'"
Will Fire Services be required? Yes -
Will alcohol be served? Yes -NO /
[All alcohol requirements of Chapter 6: Alcohol must be met. See Chapter 6 attached]
/'
If Yes. please enclose a complete on-site and/or off-site sign package sliowine the location, number
size. CODV area. graphics. illustration and logos all proposed sipnagc. (See shave reauircments pioek'< ''% (3 !<)
2 of the reeulations)
* Only one (1) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations
checklist.
Please enclose a non-refundable application fee payable to the City of Palin Beach Gardens.
FOR OFFICE USE ONLY
FEE REQUIKED: YES- NO-
FEE RECEIVED: YES ___ NO-
FEE RECEIPT #
FEE DATE AND TIME RECEIVED:
Page 3 of 4
I
4XTICL.E I I I. NOISE"'
ARTICLE Ill. NOISE*
Page 1 of2
*Cross references: Businesses, ch. 18; streets, sidewalks and certain other public places, ch. 62;
traffic and vehicles, ch. 70; buildings and building regulations, ch. 86; excavation and fill regulations, ch.
94; zoning, ch. 118.
Sec. 34-56. General restrictions.
(a) Residential and conservation districts. From 8:OO p.m. on each day from Sunday through
Thursday through 8:OO a.m. on the next day, from 11:OO p.m. on Friday through 8:OO a.m. on
Saturday, and from 11:OO p.m. on Saturday through 12:OO noon on Sunday, no person on
property within a residential district or a conservation district of the city shall operate, cause to
be operated, or permit the operation of any device, machine, appliance, instrument, equipment,
or boat motor in a manner which causes noise to be generated from such device, machine,
appliance, instrument, equipment, or boat motor, or from anything attached or connected to
such device, appliance, instrument, equipment, or boat motor, that can be heard at a distance of
more than 25 feet from the boundary line of such property.
(b) Nonresidential and nonconservation districts. From 11 :00 p.m. on each day from Sunday
through Friday through 7:OO a.m. on the next day and from 11:OO p.m. on Saturday through
12:OO noon on Sunday, no person on property within a nonresidential district or a
nonconservation district of the city shall operate, cause to be operated, or permit the operation
of any device, machine, appliance, instrument, equipment, or boat motor in a manner which
causes noise to be generated from such device, machine, appliance, instrument, equipment, or
boat motor, or fromanything attached or connected to such device, appliance, instrument,
equipment, or boat motor, that can be heard at a distance of more than twentv-five feet from the
boundary line of such I - __ property. . ___
. - . - "---- - _._-- *-----.-_ ' ' . (Code 1987: 5'96.01; Ord. No. 13-1998, § 1, 10-15-98)
Sec. 34-57. Shouting and yelling.
From 8:OO p.m. on each day from Sunday through Thursday through 8:OO a.m. on the next day,
from 11:OO p.m. on Friday through 8:OO a.m. on Saturday, and from 11:OO p.m. on Saturday through
12:OO noon on Sunday, no person on property within a residential district or a conservation district
within the city shall yell, shout, or otherwise verbally create noise, either individually or in concert with
other persons at the same time and place, that can be heard at a distance of more than twenty-five feet
from theboundary line of such property.
(Code 1987, § 96.02; Ord. No. 13-1998, § 1, 10-15-98)
Sec. 34-58. Loudspeakers, amplifiers, and sound trucks.
(a) No person shall, either as principal, agent, or employee, play, use, or operate for any
purpose whatsoever, on or upon the public streets, alleys, parks, or thoroughfares in the city,
any device known as a sound truck, loudspeaker, or sound amplifier, or any other electronic or
mechanical device with a Ioudspeaka arsauodarnplifier, orany-oth9FiRstf~~u<-nownarie-- -
11 ttp://libr.ary I . municode.com/incc/DocView/l284 1 /I /9 1 /94?11i 1 ite= 1 /33/3nn7
Page 2 of 2 AFiTTCLE Ill. NOISE"'
calliope, which is attached to or located upon any vehicle or other device, equipment, or
mechanism capable of moving or being moved upon thestreets or public places of the city and
which emits noise intended to be heard by persons other than those occupying the vehicle or
other device, equipment, or mechanism on which such loudspeaker, sound amplifier, or other
instrument is attached or located.
(b) An exception to the provisions of this section may be permitted for public or charitable
purposes after written permission for same is granted by the city, provided that use shall not be
permitted before 8:OO a.m. or after 6:OO p.m. and use shall not be permitted within 1/2 mile of
any hospital nor within 1/2 mile of any school or church while it is in session.
(Code 1987, 5 96.03; Ord. No. 13-1998, 3 1, 10-15-98)
Sec. 34-59. Construction equipment.
Construction equipment may be operated in the actual construction of buildings and
improvement of building sites within a residential district beginning at 7:OO a.m. on any day from
Monday through Saturday, notwithstanding any other provisions of this article, but shall be operated in
compliance with any applicable performance standards set forth in this Code.
(Ord. No. 13-1998, § 2, 10-15-98)
Sec. 34-60. Golf course maintenance equipment.
Golf course maintenance equipment, including, but not limited to, tractors, lawnmowers,
trimmers, and edgers, may be operated in the actual maintenance of a golf course within a residential
district from 6:OO a.m. through 6:OO p.m. on any day, notwithstanding any other provisions of this article,
but shall be operated in compliance with any applicable performance standards set forth in this code.
Safety equipment, including lightning alarms, may be operated at any time the course is open to the
public or members for business.
(Ord. No. 13-1998, €j 3, 10-15-98)
- __ ____.- - _& _. -- _. --I. A
See. 34-61. Sanitation trucks.
-Sanitation trucks, including trucks picking up recycled materials, may be operated in the city
from 6:OO a.m. through 6:OO p.m. on any day from Monday through Saturday, notwithstanding any other
provisions of this article, but shall be operated in compliance with any applicable performance
standards set forth in this code.
(Ord. No. 13-1998, § 4, 10-15-98)
Secs. 34-62-34-85. Reserved.
__ .
11 t tp :/hi b rary 1 . iiiu iii co d e. co~ii/mcc/DocVie w/ 1 2 8 4 1 / 1 /9 1 /94?11 i 1 it e= I m1~nn7
Heather Graeve
From: Heather Graeve
Sent: Wednesday, March 21, 2007 12:51 PM
To: David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow; Mike Kelly; Scott
Fetterman; Tim Kasher
Subject: Antique Car & Truck Show at PGA Commons East (Parcel 3)
Attachments: 07~cartruckshw~20070321115306.pdf; 07~cartrucksp~20070321115334.pdf
-- -
Tracking: Recipient
David Reyes
Doug Wise
Gracie Hughes
Jack Schnur
Response
Approve: 3/22/2007 10:23 AM
Approve: 3/21/2007 3:53 PM
Michael Morrow Approve: 3/21/2007 4:43 PM
Mike Kelly Approve: 3/21/2007 4:05 PM
Scott Fetterman Approve: 3/21/2007 3:14 PM
Tim Kasher Approve: 3/21/2007 1:Ol PM
Please vote to "approve" or "reject" the attached special event permit application ... thanks to all!
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
3 /26/2007
SEND CONFIRMATION REPORT FOR
CITY OF PALM BEACH GARDENS
7994281
MAR-27-07 11:46AM
JOB START TIME USAGE PHONE NUMBER/ADDRESS TYPE PAGES MODE STATUS
597 3/27 11 :44AM 1'42" 1561 6308631 SEND.. .....,..... 6/ 6 ECl 44 COMPLETED ........................................
TOTAL 1'42" PAGES SENT: 6 PAGES PRINTED: 0
J
3ty of Palm Beach Gardens
561 1 799-4290
City Hall
170740 1 - 1 03/ 15/2007 BR 1 T2
hu Mar15,2007 08:51AM Trans#5-5
ame: SHAMIN ABAS
$100.00 Permit - Permit
Cust #: 00007739 Permit #:
ITEM(S1: TOTAL: $100.00
PEV-07-03-000107
heck PAID $100.00
FOR OFFICE USE ONLY 1
Special Event: 0
DEVELOPMENT
UJr &P& e-
SPECIAL~EVENTS PLANNER DATE
APPROVALS:
PARKS
Mike Kelly
RECREATION
Tim Kasher
BUILDING DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterman
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Morrow
5/10 107
PLANNING AND ZONING f ra
Heather Graeve
PLANNING MANAGER
Tara-Lynn Patton
CITY OF PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
Please type information or print legibly in dark ink. Application must be filled out
completely. Please rcad all instructions before fillina out application and note the permit
requirements that are necessary to be included as allachnients to the permit application.
Application fee and completed application shall be included when submitted to the
Growth Maiiagenicnt Department.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephone: 561-799-4243 Fax: 561-799-4281
Dntes rntl times of the event
Event Day 4 -1
Event Day 5 ----I
Event Day G -1
Event Day 7 -I
Page 1 of4 CITY OF PALM BCH GDMS
MAY 0 9 2087
PIANMIK & ZONING DIV
uvicliinl Is) Responsible:
Noli-Profit. Privnte or Commercinl Enterprises Ilf npplicableli
Tax Exempt Nuinber:
Corporation Name:
Date of Incorporation (Please attached articlcs of incorporation):
purnose of the event
Estimated number of participants 1p
Has this event occurred in the City ofpalm Beach Gardens hefore? Yes >( No
Has the &of the event had a special event already this calendar year Yes No-
If so, how many times? \
Page 2 of 4
Will your event require road closure? Yes __
If yes, describe thc requcsted street segment closurc niid iiiiies
will tlie event require the use ofelectricity? Yes & NO_-_ 2.6% G11 k- udu'&~c, qmQ~ &,q
Will food and/or beverages bc served? Yes No--- ekch\c(;lI Ob&&
Will the cvent have any vendors or concession sales? Yes No )(
If yes, the subiiiit a coinplcte list of food sewicc vcndors, their respective Palm Beach County niobile
occupationill license pertilit, Florida State health certiI'icaies, and City rcgistratioii.
Will Police Scrviccs be required? Yes __ NoX--
Will Fire Services be required? Yes __ NoX
Will alcohol be served? Yes
[All alcohol requirements or Chapter 6: Alcohol nius be met. SCC Chapter 6 attached]
NO q {k &A;, %it;?, mc k @&&J
Are you proposing any signs? Yes - No_)L-
If ycs. nlcasc eiiclose a cornnlctc on-site niitllnr off-site sien Dnck:ire sliuwiiie the lucritiorl, number,
Size, COIW rrer. errpliics. illustratioii Hiid loeos rll iwonosed sicnave. [See sienaee rcauirenients DRS
2 of the reeiilntlotis)
* Only one (I) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations
checklist.
.....................................................................................
Please enclose a lion-refundable application fee payable to the City of Palm Beach Gardens.
FOR OPPICE USE ONLY
FEE REQUIRED: YES- NO-
FEE RECEIVED: YES - NO-
FEE RECEIPT #
PEE DATE AND TIME RECEIVED:
Page 3 Of 4
4XTICL E Ill NOISE'. Page 1 of2
ARTICLE Ill. NOISE*
*Cross references: Businesses, ch. 18; streets, sidewalks and certain other public places, ch. 62;
traffic and vehicles, ch. 70; buildings and building regulations, ch. 86; excavation and fill regulations, ch
94; zoning, ch. 118.
Sec. 34-56. General restrictions.
(a) Residential and conservation dislricts. From 8:OO p.m. on each day from Sunday through
Thursday through 8:OO a.m. on the next day, from 11:OO p.m. on Friday through 8:OO am. on
Saturday, and from 11:OO p.m. on Saturday through 12:OO noon on Sunday, no person on
property within a residential district or a conservation district of the city shall operate, cause to
be operated, or permit the operation of any device, machine, appliance, instrument, equipment,
01' boat motor in a manner which causes noise to be generated from such device, machine,
appliance, instrument, equipment, or boat motor, or from anything attached or connected to
such device, appliance, instrument, equipment, or boat motor, that can be heard at a distance of
more than 25 feet from the boundary line of such property.
(b) Nonresidential and nonconservation districts. From 1 1 :00 p.m. on each day from Sunday
through Friday through 7:OO a.m. on the next day and from 11:OO p.m. on Saturday through
12:OO noon on Sunday, no person on property within a nonresidential district or a
nonconservation district of the city shall operate, cause to be operated, or permit the operation
of any device, machine, appliance, instrument, equipment, or boat motor in a manner which
causes noise to be generated from such device, machine, appliance, instrument, equipment, or
boat motor, or fromanything attached or connected to such device, appliance, instrument,
equipment, or boat motor, that can be heard at a distance of more than twenty-five feet from the
....... boundary line of such property. .. _-.., _._iC_ i_ .__..._.-- --..------.. - ...... . ........
d*-.-F.7, 1-.-:-..2.-.- . ~ - 0d-Z Ord. No. 13-1998, 5 1, 10-15-98)
~-~ ................ s....PULI-_.__. _L-.- ..... ...
-
See. 34-57. Shouting and yelling.
From 8:OO p.m. on each day from Sunday through Thursday through 8:OO a.m. on the next day,
from 11:OO p.m. on Friday through 8:OO a.m. on Saturday, and from 11:OO p.m. on Saturday through
12:OO noon on Sunday, no person on property within a residential district or a conservation district
within the city shall yell, shout, or otherwise verbally create noise, either individually or in concertwith
other persons at the same time and place, that can be heard at a distance of more than twenty-five feet
from theboundary line of such property.
(Code 1987, § 96.02; Ord. No. 13-1998, § 1, 10-15-98)
Sec. 34-58. Loudspeakers, amplifiers, and sound trucks.
(a) No person shall, either as principal, agent, or employee, play, use, or operate for any
purpose whatsoever, on or upon the public streets, alleys, parks, or thoroughfares in the city,
any device known as a sound truck, loudspeaker, or sound amplifier, or any other electronic or
mecha nica I device with a loudspeaker nrsauodampljfiq okan.~thguRstruR.~-~QwRa~-------- __
I l.cc.,.l/l:l.....I... 1 ....... :-...le ^^___ I... . .In ~ -T r* ,,nn 1, 1. ,n, 1- .A1 ...
.4?TrCLE Ill NOISE:’: Page 2 of 2
calliope, which is attached to or located upon any vehicle or other device, equipment, or
mechanism capable of moving or being moved upon theslreets or public places of the city and
which emits noise intended to be heard by persons other than those occupying the vehicle or
other device, equipment, or mechanism on which such loudspeaker, sound amplifier, or other
instrument is attached or located.
(b) An exception to the provisions of this section may be permitted for public or charitable
purposes after written permission for same is granted by the city, provided that use shall not be
permitted before 8:OO am. or after 6:OO p.m. and use shall not be permitted within 1/2 mile of
any hospital nor within 112 mile of any school or church while it is in session.
(Code 1987, 5 96.03; Ord. No. 13-1998, § 1, 10-15-98)
Sec. 34-59. Construction equipment.
Construction equipment may be operated in the actual construction of buildings and
improvement of building sites within a residential district beginning at 7:OO a.m. on any day from
Monday through Saturday, notwithstanding any other provisions of this article, but shall be operated in
compliance with any applicable performance standards set forth in this Code.
(Ord. No. 13-1998, § 2, 10-15-98)
Sec. 34-60. Golf course maintenance equipment.
Golf course maintenance equipment, including, but not limited to, tractors, lawnmowers,
trimmers, and edgers, may be operated in the actual maintenance of a golf course within a residential
district from 6:OO a.m. through 6:OO p.m. on any day, notwithstanding any other provisions of this article,
but shall be operated in compliance with any applicable performance standards set forth in this code.
Safety equipment, including lightning alarms, may be operated at any time the course is open to the
public or members for business.
(Ord. No. 13-1998, 5 3, 10-15-98)
....... ........... .+ L_- _._. .-.L.-.. ..... -__. ____ .......................... ...... ... .. ---.i).-----.-+-??~Y?++ .............. ...
Sec. 34-61, Sanitation trucks.
--San-itation trucks, including trucks picking up recycled materials, may be operated in the city
from 6:OO a.m. through 6:OO p.m. on any day from Monday through Saturday, notwithstanding any other
provisions of this article, but shall be operated in compliance with any applicable performance
standards set forth in this code.
(Ord. No. 13-1998, § 4, 10-15-98)
Secs. 34-62-34-85. Reserved.
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Apr 20 07 03:46p Tui
flp~ 23 2007 12:23PM FIESTA SHOWROOM (561 )776-8231 P.5
5618359231 P. 5
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Please use the following to draw your site plan- Include measuremmts
wherevet psible, sb-hg distance horn buildhgs, trees, utilities, etc.
..
HP LASERJET 3150 SEND CONFIRMATION REPORT FOR
PRINTER/FAX/COPIER/SCANNER CITY OF PALM BEACH GARDENS
7994281
MAY-11 -07 9:40AM
JOB
135
START TIME USAGE PHONE NUMBER/ADDRESS TYPE PAGES MODE STATUS
5/11 9:3BAM 2’00“ 561 776 8231 SEND 7/ 7 EC144 COMPLETED
City of Palm Beach Gardens
105VO H YIUTARI WL PUM BEACH GARDENS. FL 13410
W& Paw MdnU CI PUYdEACHOARDENIFLUS
PHONE I1.7OP410
Page 1 of 1
Heather Graeve
From: Heather Graeve
Sent: Wednesday, May 09, 2007 5:05 PM
To : David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow; Mike Kelly; Scott
Fetterman; Tim Kasher
Subject: Oakwood Grill Mother's Day Covered Seating
Attachments: 07~oakwoodgrillmomsday~20070509 162322.pdf;
07~oakwoodmomsdaytent~20070509 163655. pdf
Tracking: Recipient Response
David Reyes Approve: 5/10/2007 8:18 AM
Doug Wise $-LO\ ~p,
Jack Schnur
Michael Morrow Approve: 5/10/2007 2: 15 PM
Mike Kelly Approve: 5/10/2007 9:16 AM
Scott Fetterman Approve: 5/10/2007 7:51 AM
Tim Kasher Approve: 5/10/2007 8: 11 AM
Approve: 5/9/2007 5:07 PM
Please vote to "approve" or "reject" the attached special event permit application for Oakwood Grill's covered
seating (20' x 20' canopy) for Mother's Day on Sunday, 5/13/07. Thanks!
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
(561) 799-4234
5/11/2007
City of Palm Reach Gardens
(561 ) 799-4290
1 City Hall
Wed May09,2007 11 :19AM Trans#17-17
Name: ELLEN DALY
Addr: 4610 PGA BLVD PALM BEACH GARDENS
17 $100.00 Permit - Permit * Cust #: 00010030 Permit #:
1 ITEM(S): TOTAL: $100.00
Check PAID $100.00
0712901-1 05/09/2007 BR1 T2
SPEV-07-05-000118
www-pbgfl .corn
b
FOR OFFICE USE ONLY
Special Event: - f] -0, &l,Ly& @ fw CcswhB /Ls ri:"iy 6
L-bLe-f,-t- % REVIEW CERTIFICATION
DATE SPECIAL EVENTS PLANNER
APPROVALS:
PARKS
Mike Kelly
RECREATION
Tim Kasher
BUILDING DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterman
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong
CODE ENFORCEMENT
David Reyes
.d 21 07 PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Heather Graeve
CONDITIONS:
PLANNING MANAGER
Tara-Lynn Patton SIGNATURE DATE
CITY OF PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
Please type information or print legibly in dark ink. Application must be filled out
completely. Please read all instructions before filling out application and note the permit
requirements that are necessary to be included as attachments to the permit application.
Application fee and completed application shall be included when submitted to the
Growth Management Department.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephone: 561-799-4243 Fax: 561-799-4281
Name of event
AddressLocntion of event
Detniled descrintion of &e r&yndditio
I
AM[ 1 PM
AM[ ] PM
Organization (s) Pioducine Event:
Naine 0;' :G 6i;- ;+, ; -*? ,. ,-+\,- Name t.ri P<,),,,,~~.~ '
Address Address t
/
Statelzip: __ S tatelZi p
Phone. Phon e
Alternative Phone #.
,ir ' 1
Alternatiye Phone #
i Fax: Fax: ,/
/ I I
Individual Is) Resoonsible:
Non-Profit. Private or Commercial Enternrises IIf applicablel:
Tax Exempt Number: 6 $.-- ('3 6 6 6' 'i
Corporation Name: hi G ,- A CI cLA~E
Date of Incorpyt'6 (Please attached articles of incorporation):
Estimated number of participants &9-c
Has this event occurred in the City of Palm Beach Gardens before? Yes __ No- /' >
Has the & of the event had a special event already this calendar year Yes KNo-
If so, how many times?
Page 2 of 4
,/
Will your event require road closure? Yes __ No-/
If yes, describe the requested street segment closure and times.
Will the event require the use of electricity? Yes
Will food and/or bevet ages be served? Yes __ ./ No--
Will the cvent have any vendors or concession sales? Yes _I No- /'
If yes, the submit a complete list of food service vendors, their respective Palm Beach County inobile
occupational license permit, Florida State health certificates, and City registration
Will Police Services be required? Yes __ No-- 4''
Will alcohol be s% Yes L/ NO ,- C,%q'% (9 ,) &-,:-;' c ,-;+,,-.e
Are you proposing any signs? Yes __ No-- /'
/ Will Fire Services be required? Yes No
I Lk
[All alcohol requirements of Chapter 6 Alcohol must bc met. See Chapter 6 attached]
If Yes. please enclose a comalete on-site andlor ofkite sip Dackage showing the location, number,
size, COPY area. eraahics, illustration and loeos 811 aroaosed sienree. (See sienaee reauirements aree
2 of the reeulrtions)
* Only one (1) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations
checklist.
.....................................................................................
Please enclose a non-refundable application fee payable to the City oCPalin Beach Gardens.
FOR OFFICE USE ONLY
FEE REQUIKED: YES- NO-
FEE RECEIVED: YES __ NO-
FEE RECEIPT #
FEE DATE AND TIME RECEIVED:
Page 3 of 4
CANAL
-0
Parcel I11 West
Page 1 of 1
Heather G raeve
From: Heather Graeve
Sent:
To :
Subject:
Attach men ts : 07-commons big h rtb rig ade-2007052 1 1 22 1 2 9. pd f
Monday, May 21, 2007 12:43 PM
David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow; Mike Kelly; Scott
Fetterman; Tim Kasher
PGA Commons Bar-B-Q Special Event
Tracking: Recipient Response
David Reyes
Doug Wise
Gracie Hughes 4pP.'-c', sBIa/aT
Jack Schnur Approve: 5/21/2007 12:51 PM
Michael Morrow Approve: 5/21/2007 3:22 PM
Mike Kelly
Scott Fetterman Approve: 5/21/2007 1: 13 PM
Tim Kasher Approve: 5/21/2007 1:11 PM
Atp9J-c: S(arfo7 34.02 p(y
Approve: 5/21/2007 1:58 PM
[o:I'f AW
Approve: 5/21/2007 12:55 PM
Please vote to "approve" or "reject" the attached special event permit application from the Channing Corp for a
Bar-B-Q Challenge fund raising event to benefit the Big Heart Brigade. Thanks!
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
(561) 799-4234
5/22/2007
QOOl Palm Beach Gardens Adrn 05/22/2007 TUE 16: 00 FAX 561 799 4134
I .....................
*** FAX TX REPORT *** .....................
TRANSMISSION OK I
3812
9 6 3 0 8 6 3 1
JOB NO.
DESTINATION ADDRESS
DESTINATION ID
ST. TIME 05/22 15:59
USAGE T
PSWD/ SUBADDRESS
00' 49
PGS . 4
RESULT OK
FOR OFFICE USE ONLY
APPROVALS:
PARKS
Mike Kelly
RECREATION
Tim Kasher
BUILDING DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterman
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Meather Graeve
CONDITIONS:
City of Palm Beach Gardens
(561) 799-4290
1 City Hall
Fri May18,2007 03: 11PM Trans#55-55
Name: CHANNING CORPORATION
55 $100,00 Permit - Permit * Cust #: 00003995 Permit #:
SPEV-07-05-000 120
1 ITEM(S): TOTAL: $100.00
Check PAID $100,00
07 13801 - 1 05/ 18/2007 BR 1 T2
www pbgf 1 .corn
Special Event: I
G CRP \M
DATE SPECIAL EVENTS PLANNER
APPROVALS:
PARKS
Mike Kelly
RECREATION
Tim Kasher
BUILDING DIVISION
Douglas Wise
FIRE RESCUE DIVISION
Scott Fetterman
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong "\
p-QfCWhhLb- PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Heather Graeve
CONDITIONS:
PLANNING MANAGER
Tara-Lynn Patton
wb YP!W
SIGNATURE DATE
,
CITY OF PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
Please type information or print legibly in dark ink. Application must be filled out
completely. Please read all instructions before filling out application and note the permit
requirements that are necessary to be included as attachments to the permit application.
Application fee and completed application shall be included when submitted to the
Growth Management Department.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephone: 561-799-4243 Fax: 561-799-4281
Name of event
AddresslLocation of event
s-03u
Page 1 of4 APR 13 2007
Organization (SI Producing Event:
Name: tb- Name:
Phone: s&/ - c] 4'- 5 @ b Phone:
Alternative Phone #: 5&/ y3 7/ -44,$3 / Alternative Phone #:
Fax:
-.
- .< _--c GB.5 Fax: I /
bdividual (SI Res ponsible:
Alternative Phone #.$/'-/ y3 71 -qqb 1 Alternative Phone #:
Fax: Fax:
Non-Profit. Private o r Corn mercial Enterorises [If am licablel;
Tax Exempt Number:
Corporation Name:
Date of Incorporation (Please attached articles of incorporation):
PurDose of the event
Estimated number of participants "@a
Has this event occurred in the City of Palm Beach Gardens before? Yes No I(
Has the &of the event had a special event already this calendar year Yes No
If so, how many times? d 1-
Page 2 of 4
Will your event require road closure? Yes a N
If yes, describe the requested street segment closure and times.
WLW, i
Will the event require the use of electricity? Yes No '$- , r
If yes, the submit a complete list of food service vendors, their lm Beach County mobile
Will the event have any vendors or concession sales? Yes
occupational license permit, Florida State health certificates, and City registration.
Will Police Services be required? Yes No k
Will Fire Services be required? Yes - No
Will alcohol be served? Yes NO
[All alcohol requirements of Chapter 6: Alcohol must be met. See Chapter 6 attached]
Are you proposing any signs? Yes
If ves, please enclose a complete on-site and/or off-site sim packaee showine the location. number,
size. CODV area. eraDhics. illustration and loeos all proDosed sienaee. (See sienaee reauirements Daee
2 of the remlations)
No
* Only one (1) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations
checklist.
.....................................................................................
Please enclose a non-refundable application fee payable to the City of Palm Beach Gardens.
FOR OFFICE USE ONLY
FEE REQUIRED: YES- NO-
FEE RECEIVED: YES - NO-
FEE RECEIPT #
FEE DATE AND TIME RECEIVED:
Page 3 of 4
4XTICl.E Ill. NOISE"' Page 1 of2
,.
ARTICLE Ill. NOISE*
*Cross references: Businesses, ch. 18; streets, sidewalks and certain other public places, ch. 62;
traffic and vehicles, ch. 70; buildings and building regulations, ch. 86; excavation and fill regulations, ch.
94; zoning, ch. 118.
Sec. 34-56. General restrictions.
(a) Residential and conservation districts. From 8:OO p.m. on each day from Sunday through
Thursday through 8:OO a.m. on the next day, from 11:OO p.m. on Friday through 8:OO a.m. on
Saturday, and from 11:OO p.m. on Saturday through 12:OO noon on Sunday, no person on
property within a residential district or a conservation district of the city shall operate, cause to
be operated, or permit the operation of any device, machine, appliance, instrument, equipment,
or boat motor in a manner which causes noise to be generated from such device, machine,
appliance, instrument, equipment, or boat motor, or from anything attached or connected to
such device, appliance, instrument, equipment, or boat motor, that can be heard at a distance of
more than 25 feet from the boundary line of such property.
(h) Nonresidential and nonconservation districts. From 11 :00 p.m. on each day from Sunday
through Friday through 7:OO a.m. on the next day and from 11:OO p.m. on Saturday through
12:OO noon on Sunday, no person on property within a nonresidential district or a
nonconservation district of the city shall operate, cause to be operated, or permit the operation
of any device, machine, appliance, instrument, equipment, or boat motor in a manner which
causes noise to be generated from such device, machine, appliance, instrument, equipment, or
boat motor, or fromanything attached or connected to such device, appliance, instrument,
equipment, or boat motor, that can be heard at a distance of more than twenty-five feet from the
boundary line of such property. -'----"-(i=ode'~~g.~"~~ -§ ,,---__ -._ ~ __. .- _- - .-- ----------
96.01 ; Ord. No, 13-1 998, § 1, 10-1 5-98)
-
See. 34-57. Shouting and yelling.
.. ,
From 8:OO pm. on each day from Sunday through Thursday through 8:OO a.m. on the next day,
from 11:OO p.m. on Friday through 8:OO a.m. on Saturday, and from 11:OO p.m. on Saturday through
12:OO noon on Sunday, no person on property within a residential district or a conservation district
within the city shall yell, shout, or otherwise verbally create noise, either individually or in concert with
other persons at the same time and place, that can be heard at a distance of more than twenty-five feet
from theboundary line of such property.
(Code 1987, 5 96.02; Ord. No. 13-1998, § 1, 10-15-98)
Sec. 34-58. Loudspeakers, amplifiers, and sound trucks.
(a) No person shall, either as principal, agent, or employee, play, use, or operate for any
purpose whatsoever, on or upon the public streets, alleys, parks, or thoroughfares in the city,
any device known as a sound truck, loudspeaker, or sound amplifier, or any other electronic or
mechanical device with a louds peakfx arsauod-arnpljfier, ocan.~th9FiastruF~fl~w~~~------- -
http://liL-,ixy 1 .iiiuiiicode.coiii/incc/DocView/l2841/1/9 1 /94?1ii li te= I I71 17nn-l
AclTTCLE [I[. NOISE:': Page 2 of 2
calliope, which is attached to or located upon any vehicle or other device, equipment, or
mechanism capable of moving or being moved upon thestreets or public places of the city and
which emits noise intended to be heard by persons other than those occupying the vehicle or
other device, equipment, or mechanism on which such loudspeaker, sound amplifier, or other
instrument is attached or located.
(b) An exception to the provisions of this section may be permitted for public or charitable
purposes after written permission for same is granted by the city, provided that use shall not be
permitted before 8:OO a.m. or after 6:OO p.m. and use shall not be permitted within 1/2 mile of
any hospital nor within 1/2 mile of any school or church while it is in session.
(Code 1987, 9 96.03; Ord. No. 13-1998, § 1, 10-15-98)
Sec. 34-59. Construction equipment.
Construction equipment may be operated in the actual construction of buildings and
improvement of building sites within a residential district beginning at 7:OO a.m. on any day from
Monday through Saturday, notwithstanding any other provisions of this article, but shall be operated in
compliance with any applicable performance standards set forth in this Code.
(Ord. No. 13-1998, 5 2, 10-15-98)
Sec. 34-60. Golf course maintenance equipment.
Golf course maintenance equipment, including, but not limited to, tractors, lawnmowers,
trimmers, and edgers, may be operated in the actual maintenance of a golf course within a residential
district from 6:OO a.m. through 6:OO p.m. on any day, notwithstanding any other provisions of this article,
but shall be operated in compliance with any applicable performance standards set forth in this code.
Safety equipment, including lightning alarms, may be operated at any time the course is open to the
public or members for business.
(Ord. No. 13-1998, § 3, 10-15-98)
. -__ ..... ._ ...... .................... - . 2. .......... ,_-__-- 4...-.- ....
Sec. 34-61. Sanitation trucks.
--Sanitation trucks, including frucks picking up recycled materials, may be operated in the city
from 6:OO a.m. through 6:OO p.m. on any day from Monday through Saturday, notwithstanding any other
provisions of this article, but shall be operated in compliance with any applicable performance
standards set forth in this code.
(Ord. No. 13-1998, § 4, 10-15-98)
Secs. 34-62--34-85. Reserved.
..... ___ .. -.
11 t tp :/Ai b vary 1 . ~LI 11 ico de. co~ii/~iicc/DocVie w/ 1 2 8 4 1 / 1 /9 1 /94?1i i 1 it e= I /22/2007
2/2
COlVrINWTAt REAL ESTATE COMPANIES
Licensed Real Estate Broker
April 4,2007
Susm Steadman
RBC Centwa Bank
5070 PGA Blvd., Suite 100
Palm Reach Gardens, FL 3341 8
Re: Grand Openipr Event ApDr0va.l
Dear Susan:
The following items submitted to 11s for (2) grand opelliug events have been approved:
Cocktail Reception 4/23/07 5:OO p.m. 150-180 gucsts
Tables & Tented area on North side
of Bunk
Daythe Event 4/28/07 1O:OO a.m. 300-400 gucsts
Popcorn Machine I
Pretzel Cart
Hot Dog Cart
Novelty Tce Cream Cart
Snow Cone Machine
. Hole in one Putting Green
Disc Jockey 10 a.m. -4 p.m.
Signage &r gr& xf Located in grass area.East of bank
.32 sq. ft. and 15 R. from mad
Approval is subject to receipt of city pennits and insuranc;e certificates.
Very truly yours,
PGA Commons, J,JX
Continental Real Estate Compauies, ils agent
KA COMMONS
5520 PGA Boulevard, Suite UIO Property Manager
Palm Beach Gardens, Pbrida 33418
Telcphne: 561.799.94W
PRx: 561.799.9498
I$ !\
I‘
11 I’
Udlc. Ltl I IILVV~ I". I- I ssw8 I us-. - -. - From: Mary Folta At: Hays Companies FaxlD: 612-373-7270 To: Heather
PRODUCER
Hays Companies
80 South 8th Street #700
Minneapolis MN 55402
Phone:612-333-3323 Fax:612-373-7270
INSURE0
RBC Centura Banks, Inc. Amanda Tofts
Raleigh, NC 27604
MC 021-906-0201 3201 Beechleaf Ct. #ZOO
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAlC #
INSURERA St. Paul Mercury Ins. CO.
16535 INSURER B Zurich Mexican Insurance co
INSURERC st. Paul Fire and Marine
INSURER 0
INSURER E
:OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEM WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE WFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
~~ ~
BODILY INJURY
(Per accidenl)
PROPERTY DAMAGE (Per accident)
AUTO ONLY - EA ACCIDENT
OTHERTHAN EAACC
AGG AUTO ONLY
EACHOCCURRENCE
AGGREGATE
JU L
SR TYPE OF INSURANCE
GENERAL LlABlLlM
s
$
5
$
5
59,000,000
$ 9,000,000
s
s
GENERAL LIABILITY
CLAIMS MAM OCCUR
x IT~~Y%%S I ]"IK ER
E L EACH ACCIDENT
P GENL AGGREGATE LIMIT APPLIES PER
5
5 1,000,000
LOC
AUTOMOBILE LIABILITY
x ANYAUTO
-
-
ALL OWNED AUTOS
SCHEDULED AUTOS
- - x HIREDAUTOS
X NON-OWNED AUTOS
-
-
GARAGE LlABlLlM b ANY AUTO
I EXCESSNMBRELLA LIABILlM
POCCUR 0 CLAIMS MADE
DEDUCTIBLE h X RETENTION S~oooo
NORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WY PROPRIETORIPARTNEREXECUTIVE 3FFICERIMEMBER EXCLUDED?
If yes, describe under SPECIAL PROVISIONS below
DTHER
Property Section
Replacement Cost
UPTION OF OPERATIONS I LOCATIONS I VEHIC
POLICY NUMBER
FSO6302542
FS06302542
FS06302542
WC 9374310 02
CF00600272
SPECIAL FORM
is I EXCLUSIONS ADDED BY ENDORSE
- DATE (MMIDDW)
0 6/01/0 6
06/01/06
06/01/06
06/01/06
06 /O 1/0 6
NT I SPECIAL PROV
%gEE%-F
06/01/07
-
06/01/07
06/01/07
06/01/07
06 /O 1/0 7
INS
LIMITS
EACHOCCURRENCE 5 1,000,000
PREMISES (Ea occurence)
MED EXP (Any one person) 5.000
COMBINED SINGLE LIMIT 1 I 000 , 0 00 (Ea accidenl)
~~
BODILY INJURY
(Per person)
Blanket
RE: Open House at 5070 PGA Blvd., Palm Beach Gardens, FL April 26 and the
28th, 2007
Additional Insured as their interests may appear as respects to the
referenced event: city of Palm Beach Qardens
I
CERTIFICATE HOLDER CANCELLATION
Pa~~a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO MAIL 35 DAYS WRJlTEN I NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Palm Beach Gardens
Attn: Heather
10500 North Military Trail
Palm Beach Gardens, FL 33410
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
0 ACORD CORPORATION 1988 ACORD 25 (2001108)
CHRISTAFAROS PAGE 02/02 84/18/2886 11:28 5618351939
SENT BY; CITY OF PALM BEACH OARDENS; 799426 1 j APR - 9- 07 10 i 19AM; PAGE 212
ClTY OF PAI,M REACH GARDENS
10500 N MILITARY TRAIL
PA1.M BRACR GARDENS FL 33410
(56 1) 799-4267
VENDOR REGISTRATION FORM
SPECIAL EVENT
Phone Number
****;DO NOT WRlTJ3 BELOW THIS LINE OFPICE USE ONLY****
METHOD OF PAYMENT: Cash Ck ;Mastercard VI SA
AMOUNT PATD $
STATE LICENSE VERIFIED Yes NIA
LICENSE VERI F1 ED BY DATE
.. .'.' . : ..
.. ._ ... .
. .. . ' JEB,: BU~H : ;, ,.. , . , GOVERNOR'
. . , , . . . . . .. . .. . . . .
, ....--. .,.-...-.- =.:p-- .. .. . . . , . .. .
os-012
. . , . . ._ . . , . . . .. . . .. , . .
581'0069soo- 3 ,
' PCHRISTAFAROS
' 1200 CLARE AVE # 200 ..
Page 1 of1
Heather Graeve
From: Jack Schnur
Sent:
To : Heather Graeve
Subject: Approve: RBC Centura Bank (PGA Commons) Grand Opening Event
--_---l_l-
Friday, April 20, 2007 1:42 PM
Site plan looks like some of the event may spill over onto sidewalk forcing pedestrians to get dangerously close to
PGA Boulevard traffic. The event should be set back far enough to prevent this and adjusted should an over
abundance of attendees force same.
Sergeant Jack Schnur
Palm Beach Gardens Police Department
Special Operations Bureau
561-799-4565
4/2 0/2 00 7
Heather Graeve
From: Heather Graeve
Sent:
To:
cc: Kenthia White
Subject:
Attachments: 07~rbcbankgrandopen~20070420102808.pdf
Friday, April 20, 2007 11 :07 AM
David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow; Mike Kelly; Scott
Fetterman; Tim Kasher
RBC Centura Bank (PGA Commons) Grand Opening Event
Tracking: Recipient Response
David Reyes ~qgro\re*. LcIL3(ol
Doug Wise Approve: 4/20/2007 454 PM
Gracie Hughes Approve: 4/20/2007 11:13 AM
Jack Schnur Approve: 4/20/2007 1:42 PM
Michael Morrow Approve: 4/20/2007 11:12 AM
Mike Kelly Approve: 4/20/2007 11:41 AM
Scott Fetterman Approve: 4/20/2007 11:52 AM
Tim Kasher Approve: 4/20/2007 11:40 AM
Kenthia White Approve: 4/20/2007 11:12 AM
Please vote to "approve" or "reject" the attached special event permit application. Thanks!
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
412 1 /2007
Date: 4/1 /fLUu/ 1u:lY HIM raae I 01 L From: Maw Folta At: Havs Comoanies FaxlD: 612-373-7270 To: Heather
F
To: Heather
Company: City of Palm Beach Gardens
Phone: ( ) -
Date: 4/17/2007 10:12:24 AM
Fax: (56 1) 799-428 1
Pages: 2
Hays Companies
80 S 8th Street #700
Minneapolis, MN 55402
www. hayscompanies.com
Subject: City of Palm Beach Gardens
Faxed to Heather
E-Mailed to:
Insured - Susan Steadman
Insurance Companies
Mary Folta
Phone: (612) 373-7255
Fax: (612) 313-1655
mfolta@hayscompanies.com
1200 CLM .4vmrUE
WEST P.~LM BEACH, Ft, 33401
PBOXE: 561 -835.0666
FAX: 561-835-1939
WEB ADDRESS: cHNST~AROS\VPB.COh~
EMAIL: CHRISTASAKOSWPB @BEtLSOUTB.KET
28/10 39Wd 6E61SE819S Eb :Z1 9002/€1/P0
SEND CONFIRMATION REPORT FOR
CITY OF PALM BEACH GARDENS
7994281
HP LASERJET 3150
PRINTER/ FAX/COPIER/SCANNER
APR-9-07 10:20AM
721 4/ 9 10:19AM 0'35" 561 8351 939 SEND 2/ 2
I I I I I I I I
EC144 COMPLETED
FaX
City of Palm Beach Gardens
Pka4.3 mnpbte aKI FAX back to me Ihe anadd Veda ResirIration Form hat is requid by vendon frun
---- Dulrkla of City d Palm Beah Oarden6 dty limib (mere b no fee (a mb requranant) FnY he Io a11 me
Let’s do something giant.
To:
I Phone:
Fax phone: 44- 4a5 I
cc:
cc:
Number of pages iidudhig cover sheet: -I
NaineKitIe: Susan Steadman
Vice President
Phone: 561 -5 14-5686
Fax: 56 1-5 14-5685
Address 5070 PGA Blvd. Suite # 100
Palm Beach Gardens, FI 3341 8
email: Siis~n.Stcadman~~bc.com
KEMAlK3: [3 Urgmt 0 For your review Reply ASAP Please coiiuiieiit
This fax may be privihged and/or confidential, and the sender does not waive any related rights and
obligations. Any distribution, use or copying of this fax or the information it contains by other than an
intended recipient is unauthorized. If you received this fax in error, please advise the sender (by return
fax or ofhewise) immediately.
Q Momber FDIC @Registered trademarks of Royal Bank of Canada. RBC Centura is a trade name used by RBC Centura Bank. I-W~
04/10/2006 11:20 5618351939 CHRISTAFAROS
1200 CLARE AVENUE
WEST PALM BEACH, FL, 33401
F’HONF: 561-835-0066
FAX: 561-835-1939
WEB ADDRESS: CHRlrsTAFAROSWPB.COM
EMAIL: CHRJSTAFAROSWYB @ZSELLSOUTH.NET
PAGE 01/02
PHONE: SUBJECT:
Let's do something giant.
To:
Phone:
cc:
cc:
Narne/Tik Susau Steadinan
Vice Prcsideiit
Phone: 5 B 1-5 1 4-56 86
Fax: 561-514-5685
Address 5070 PGA Blvd. Suite if 100
Palm Beach Gardens, FI 3341 8
e-mai I: Susan.Steadmiii!(!-bc.coil~
.- -
REMAKI(S: 0 Uygent 0 For your review 0 Reply ASAP 0 Please comment
This fax may be privileged and/or confidential, and the sender does not waive any related fights and
obligations. Any disfributiori, use or copying of tliis fax or the informafion it contains by other than an
intended recipimt is unauthorized. Ifyou received this f8x in error, please advise fhe sender (6y refum
fax or ofhenvise) immediately.
fa Member FDIC @Reglstemd trademark of Royal Bank of Canada. RBC Cenlura is a trade name used by RBC Centura Bank. cww
Palm Beach Gardens Adm moo1 04/24/2007 TUE 12: 51 FAX 561 799 4134
.....................
*** FAX TX REPORT *** .....................
TRANSMISSION OK
JOB NO. 3540
DESTINATION ADDRESS 95145685
PSWD/SUBADDRESS
DESTINATION ID
ST. TIME 04/24 12:49
PGS. 6
RESULT OK
USAGE T 01' 37
tA7 h%*\-k SPECIAL VENTS PLANNER DATE
APPROVALS:
PARKS
Mike Kelly
RECREATION
Tim Kaslier
BUJLDING DIVISION
Dounlas Wise
FlRE RESCUE DIVISION
Scott Fetterinan
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Momow
~YAkOkk
PLANNING AND ZONING I
Heather Graeve
CONDITLONS:
City of Palm Beach Gardens
(561) 799-4290
1 City Hall
Tue Apr03,2007 12:04PM Trans#2-2
Name : SUSAN STEADMAN
Addr: 5070 PGA BLVD PALM BEACH GARDENS
2 $100.00 Permit - Permit * Cust #: 00009845 Permit #:
1 ITEM(S): TOTAL: $100,00
Visa PAID $100.00
0709301 -2 04/03/2007 P91 T8
SPEV-07-04-000114
www , pbgf 1 ,corn
J
I FOR OFFICE USE ONLY I
APPROVALS:
PARKS
Mike Kelly
RECREATION
Tim Kasher
BUILDING DIVISION 4 (Lo107
FIRE RESCUE DIVISION J- f-•
Douglas Wise
Scott Fetterman
POLICE DEPARTMENT
Jack Schnur
RISK MANAGEMENT
Gracie Hughes-Wong
CODE ENFORCEMENT
David Reyes
PUBLIC WORKS
Mike Morrow
PLANNING AND ZONING
Heather Graeve
CONDITIONS: AQQv =@ &ow 013 rm 'pt- 06
\d.irw Q wi-t tiw CkJLopq '21 .F-r Lc~yLZu_Lt)LLL.Iy J
PLANNING MANAGER %- 4 I 3/~7 DATE Tara-Lynn Patton SIGNATURE
CITY OF PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
Please type information or print legibly in dark ink. Application must be filled out
completely. Please read all instructions before filling out application and note the permit
requirements that are necessary to be included as attachments to the permit application.
Application fee and completed application shall be included when submitted to the
Growth Management Department.
10500 North Military Trail
Palm Beach Gardens,
Florida 33410
Telephone: 561-799-4243 Fax: 561-799-4281
Name of event
AddressLocation of event
AM[ 1 PM
AM[ ] PM
AM[ ] PM
AM[ ] PM
AM[ 1 PM
Orpanization (s) Producing Event:
Name:V ' c $-
Address: 2 Address:
Statelzip: ~UIVPI hh Gardws; F l-+ -Statelzip:
Phone:s/- L3b Phone:
10s Rfif-2eumflf- Name:
Alternative Phone #:
Fax: 561- 630.- 49 Fax:
Alternative Phone #:
Individual fs) ResDonsible:
Name:
Address: 29 v-asr"l cc)uef Address:
Phone: 4 Phone:
Fon-Profit. Private or Commercial Enterorises [If aDDiicablel:
Tax Exempt Number:
Corporation Name:
Date of Incorporation (Please attached articles of incorporation):
PurDose of the event
Estimated number of participants 60
Has the &g of the event had a special event already this calendar year Yes r/
J Has this event occurred in the City of Palm Beach Gardens before? Yes No
No
If so, how many times? I
Page 2 of 4
Will your event require road closure? Yes No J
If yes, describe the requested street segment closure and times.
Will the event require the use of electricity? Yes I/ No
Will food and/or beverages be served? Yes /No
c/ Will the event have any vendors or concession sales? Yes No
If yes, the submit a complete list of food service vendors, their respective Palm Beach County mobile
occupational license permit, Florida State health certificates, and City registration.
Will Police Services be required? Yes No /
Will Fire Services be required? Yes - No- I/
Will alcohol be served? Yes __ NO
[All alcohol requirements of Chapter 6: Alcohol must be met. See Chapter 6 attached]
Are you proposing any signs? Yes __ No i/
If yes. Dlease enclose a comdete on-site andlor off-site sien Dackage showing the location. number,
size. CODY area. EraDhics. illustration and logos all DrODOSed sienaee. (See simaee reauirernents Page
2 of the rewlations)
* Only one (1) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations
checklist.
.....................................................................................
Please enclose a non-refundable application fee payable to the City of Palm Beach Gardens.
FOR OFFICE USE ONLY
FEE REQUIRED: YES- NO-
FEE RECEIVED: YES - NO-
FEE RECEIPT #
FEE DATE AND TIME RECEIVED:
To whom it may concern:
This letter gives permission for Joan McKernan to get a tent for the Vic
and Angelo's property on April 27th, from 6pm to 1 Opm; for a rehearsal dinner. If
there are any questions please do not hesitate to contact me at 561 -929-7600.
Bob McElhenny
Director of Operations
Vic and Angelos
Rpr 24 07 10:OOa Hike Gaddoni 561432amo P. 1
4RTICl.E Ill. NOISE4' Page 1 of2
ARTICLE Ill. NOISE*
*Cross references: Businesses, ch. 18; streets, sidewalks and certain other public places, ch. 62;
traffic and vehicles, ch. 70; buildings and building regulations, ch. 86; excavation and fill regulations, ch.
94; zoning, ch. 118.
Sec. 34-56. General restrictions.
(a) Residential and conservation districts. From 8:OO p.m. on each day from Sunday through
Thursday through 8:OO a.m. on the next day, from 11:OO p.m. on Friday through 8:OO a.m. on
Saturday, and from 11:OO p.m. on Saturday through 12:OO noon on Sunday, no person on
property within a residential district or a conservation district of the city shall operate, cause to
be operated, or permit the operation of any device, machine, appliance, instrument, equipment,
or boat motor in a manner which causes noise to be generated from such device, machine,
appliance, instrument, equipment, or boat motor, or from anything attached or connected to
such device, appliance, instrument, equipment, or boat motor, that can be heard at a distance of
more than 25 feet from the boundary line of such property.
(b) Nonresidential and nonconservation districts. From 11 :00 p.m. on each day from Sunday
through Friday through 7:OO a.m. on the next day and from 11:OO p.m. on Saturday through
12:OO noon on Sunday, no person on property within a nonresidential district or a
nonconservation district of the city shall operate, cause to be operated, or permit the operation
of any device, machine, appliance, instrument, equipment, or boat motor in a manner which
causes noise to be generated from such device, machine, appliance, instrument, equipment, or
boat motor, or fromanything attached or connected to such device, appliance, instrument,
equipment, or boat motor, that can be heard at a distance of more than twenty-five feet from the
-. ..AII.-.
boundary line of such property. (c: ---'I- 1'1 .- L_-- -.-- -- .--. - -
_.___d.*iY__ ode 1987, § 96.01; Ord. No. 13-1998, § 1, 10-15-98)
.~ -. _._ . .
Sec. 34-57. Shouting and yelling.
From 8:OO p.m. on each day from Sunday through Thursday through 8:OO a.m. on the next day,
from 11:OO p.m. on Friday through 8:OO a.m. on Saturday, and from 11:OO p.m. on Saturday through
12:OO noon on Sunday, no person on property within a residential district or a conservation district
within the city shall yell, shout, or otherwise verbally create noise, either individually or in concert with
other persons at the same time and place, that can be heard at a distance of more than twenty-five feet
from theboundary line of such property.
(Code 1987, 5 96.02; Ord. No. 13-1998, 5 1, 10-15-98)
Sec. 34-58. Loudspeakers, amplifiers, and sound trucks.
(a) No person shall, either as principal, agent, or employee, play, use, or operate for any
purpose whatsoever, on or upon the public streets, alleys, parks, or thoroughfares in the city,
any device known as a sound truck, loudspeaker, or sound amplifier, or any other electronic or
- .---- mechanical device with a loudspeaker arsrurodarnplifier, or~n.~th9FiffstruR~~~w~~~-------
http://libi.ary 1 .municode.com/incc/DocView/l2841/1/9 1 /94~hilit~= 1 I9qlqnn-l
Page 2 of 2
calliope, which is attached to or located upon any vehicle or other device, equipment, or
mechanism capable of moving or being moved upon thestreets or public places of the city and
which emits noise intended to be heard by persons other than those occupying the vehicle or
other device, equipment, or mechanism on which such loudspeaker, sound amplifier, or other
instrument is attached or located.
(b) An exception to the provisions of this section may be permitted for public or charitable
purposes after written permission for same is granted by the city, provided that use shall not be
permitted before 8:OO a.m. or after 6:OO p.m. and use shall not be permitted within 1/2 mile of
any hospital nor within 1/2 mile of any school or church while it is in session.
(Code 1987, § 96.03; Ord. No. 13-1 998, § 1, 10-1 5-98)
Sec. 34-59. Construction equipment.
Construction equipment may be operated in the actual construction of buildings and
improvement of building sites within a residential district beginning at 7:OO a.m. on any day from
Monday through Saturday, notwithstanding any other provisions of this article, but shall be operated in
compliance with any applicable performance standards set forth in this Code.
(Ord. No. 13-1998, § 2, 10-15-98)
Sec. 34-60. Golf course maintenance equipment.
Golf course maintenance equipment, including, but not limited to, tractors, lawnmowers,
trimmers, and edgers, may be operated in the actual maintenance of a golf course within a residential
district from 6:OO a.m. through 6:OO p.m. on any day, notwithstanding any other provisions of this article,
but shall be operated in compliance with any applicable performance standards set forth in this code.
Safety equipment, including lightning alarms, may be operated at any time the course is open to the
public or members for business.
(Ord. No. 13-1998, § 3, 10-15-98)
&___&._ ..................................... ............ .---- .-.-.-.. ...
Sec. 34-61. Sanitation trucks.
---Sa-nitation trucks, including trucks picking up recycled materials, may be operated in the city
from 6:OO a.m. through 6:OO p.m. on any day from Monday through Saturday, notwithstanding any other
provisions of this article, but shall be operated in compliance with any applicable performance
standards set forth in this code.
(Ord. No. 13-1998, § 4, 10-15-98)
Secs. 34-62-34-85. Reserved.
Page 1 of 1
Heather Graeve
From: Jack Schnur
Sent:
To: Heather Graeve
Subject: Approve: Williams/McKernan Rehersal Dinner Party at Vic & Angelo's
Friday, April 20, 2007 1:43 PM
Maintain compliance with noisel music ordinance.
Sergeant Jack Schnur
Palm Beach Gardens Police Department
Special Operations Bureau
561-799-4565
4/2 0/2 007
Page 1 of 1
Heather Graeve
From: Heather Graeve
Sent:
To:
Subject:
Attachments: 07~williamspartyvicangel~20070420102528.pdf
Tracking: Recipient Response
Friday, April 20, 2007 1 I :03 AM
David Reyes; Doug Wise; Gracie Hughes; Jack Schnur; Michael Morrow; Mike Kelly; Scott
Fetterman; Tim Kasher
Williams/McKernan Rehersal Dinner Party at Vic & Angelo's
m-:9/&3107 S;% Ah *! David Reyes
Doug Wise Appr ve: 4/20/2007 454 PM
Gracie Hughes Approve: 4/20/2007 11:ll AM
Jack Schnur Approve: 4/20/2007 1:43 PM
Michael Morrow Approve: 4/20/2007 11:12 AM
Mike Kelly
Scott Fetterrnan Approve: 4/20/2007 11:51 AM
Tim Kasher Approve: 4/20/2007 11:40 AM
Approve: 4/20/2007 3:06 PM
Please vote to "approve" or "reject" the attached special event permit application for placement of a canopy (no
sides, just an awning type canopy) to be placed over the whole patio at Vic & Angelo's, PGA Commons.
Doug, I appreciate you calling Joan McKernan to explain the building permit fee. She can be reached at St.
Clare's Catholic School (she's a teacher) at 622-7171.
Heather Graeve
Planning Specialist, Growth Management
City of Palm Beach Gardens
4/2 1 /2007
HP LASERJET 3150 PRINTER/FAX/COPIER/SCANNER
SEND CONFIRMATION REPORT FOR
CITY OF PALM BEACH GARDENS
7994281
JOB
908
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4/24 12:06PM 1'45" 6246363 SEND .............. 61 6 EC144 COMPLETED ........................................
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IUILDINO DIVISION
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PUNNING MANAGER - T."-l.pn ._ PllU.
HP LASERJET 3150 PRINTERiFAXICOPIERISCANNER
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CITY OF PALM BEACH GARDENS
7994281
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City of Palm Beach Gardens
(561) 799-4290
1 City Hall
Tue Aprl7,2007 03:53PM Trans#50-50
0710701-1 04/17/2007 BR1 T2
Name: JOAN MCKERNAN
Addr: 4520 PGA BLVD PALM BEACH GARDENS
50- $IOO.OO Permit - Permit * Gust #: 00009904 Permit #:
1 ITEM(S): TOTAL: $lOOoOO
Check PAID $100,00
SPEV -07 -04 -000 1 1 6
www . pbgf 1 .corn
1
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
June 7, 2007 4
5
The June 7, 2007 Regular Meeting of the City Council of the City of Palm Beach Gardens, 6
Florida, was called to order at 7:05 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. 9
ROLL CALL: The City Clerk called the roll and the following elected officials were found 10
to be in attendance: Mayor Russo, Vice Mayor Levy, Councilmember Jablin, 11
Councilmember Valeche, and Councilmember Barnett. 12
ADDITIONS, DELETIONS, MODIFICATIONS: 13
Mayor Russo announced the following deletions. At the request of the applicant for quasi-14
judicial hearing for Resolution 7, 2007 to amend the Donald Ross Village PUD signage, 15
to be continued to a date certain of June 21, 2007; due to an error in the applicant’s certified 16
mailers; and deletion of a non-quasi-judicial hearing for second reading of Ordinance 10, 17
2007, Employer Sponsored Housing which was withdrawn by the applicant. Councilmember 18
Jablin made a motion to approve the deletions as stated by the Mayor. Vice Mayor Levy 19
seconded the motion. Motion carried by unanimous 5-0 vote. 20
ANNOUNCEMENTS / PRESENTATIONS: 21
Proclamation – Recognition of Sam Martin for thirty-eight (38) years of service – Mayor 22
Russo read the Proclamation and wished Mr. Martin good luck in his retirement. 23
Kim Delaney, Treasure Coast Regional Planning Council - Discussion on Transit Oriented 24
Development – Ms. Delaney advised that transit oriented development was new in South 25
Florida, and was defined as a mixed-use pattern of development that exists within a quarter 26
to half a mile of a transit station and is pedestrian friendly. Items necessary for successful 27
transit oriented development were described. Advantages of locating a transit station within 28
the City on Alternate A1A were presented. Ms. Delaney answered questions from the City 29
Council. Mayor Russo recommended that the height Ordinance come back to a future 30
meeting. Commissioner Karen Marcus advised that the County was trying to get Tri-Rail in 31
Northern Palm Beach County and described the County’s current efforts. Commissioner 32
Marcus advised that she was present at the meeting regarding the home rule issue to allow 33
Cities to opt out of County charter amendments if their residents would not vote for it. 34
Commissioner Marcus requested that the City not authorize the money for this matter but sit 35
down with the County Commissioners to discuss this issue, which would affect the future. 36
Landscaping and Utility Standards within the City of Palm Beach Gardens - City Forester 37
Mark Hendrickson, Growth Management Department, advised that the utility companies 38
would like the City to abide by their utility standards in development. Mr. Hendrickson 39
stressed proper tree location and proper root barriers. The City Manager advised that the 40
entire landscape code needed to be re-thought to provide the quality of landscaping that the 41
City was used to without putting the utilities in jeopardy and staff would bring ideas to the 42
City Council. 43
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: 44
Councilmember Barnett advised that she had attended the Art Park Issues Forum, Annual 45
Traffic Safety Luncheon, and Royal Palm Gardens Memorial event on Memorial Day. Vice 46
Mayor Levy congratulated Councilmember Valeche on being sworn in as a League of Cities 47
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/7/07
2
Board member. The Vice Mayor reported attending a League of Cities meeting in Lake Park, 1
welcoming the Firefighters Florida State Union 36th Convention and Firefighter Olympics, 2
attending the Parks and Recreation board meeting, and announced the opening of the 3
Loggerhead Marine Center on Saturday. Councilmember Valeche expressed appreciation for 4
all the resident involvement regarding the employer-sponsored housing. Councilmember 5
Jablin noted the many e-mails he received from San Matera residents saying nice things 6
about Frenchman’s Creek, and both parties in this situation acted with class. Mayor Russo 7
agreed, and reported he met with fifty of the residents who were really respectful. The Mayor 8
reported that he attended the Honda Classic meeting and they were going to give back 9
approximately a half million dollars to local charities. Mayor Russo reported attending the 10
Memorial Day celebration at the City and then at La Posada, and announced a Flag Day 11
celebration on June 14. 12
CITY MANAGER REPORT: 13
City Manager Ferris reported June was his evaluation month. Mayor Russo recommended 14
discussion of this item at the end of the meeting under Items for Council Action/Discussion. 15
COMMENTS FROM THE PUBLIC: 16
Eileen Tucker, Shady Lakes, asked for budget workshops and that the budget be placed 17
online a week prior to the first workshop, with one meeting just on salaries. Paul Auerbach, 18
Gardens of Woodberry, was interested in having a detailed budget online in time to be 19
prepared for a workshop; expressed his opinion that transit oriented development was a 20
precursor for high rise buildings, and urged that the height ordinance be passed now. Tom 21
Sosey, Bent Tree, requested a regular budget forecast be made now, then done with 5%, 22
10%, 15% and 20% decreases to be ready for what will be decided in Tallahassee and 23
wanted the Citizens Budget Committee’s (Budget Oversight Committee) comments to be 24
online. Mr. Sosey stated he was happy San Matera residents got organized against Ordinance 25
10, 2007. Carol Estrada, Riverside Drive, commented that residents did not agree with 26
paying Mr. Sabatello’s attorneys fees, and asked that this issue be presented to Council after 27
vacations and before the next election. Ms. Estrada commented on approvals by a former 28
building official which were adversely affecting residents now, on the issue of water, on 29
trees removed from her street by the City and reported her grandson thanked everyone who 30
sent him a thank you note for his service in Iraq. Councilmember Barnett commented that 31
she attended the Sun Coast graduation where her son had graduated. Vito DeFrancesco, 32
Shady Lakes, reported that his neighbor was very upset regarding events held on PGA 33
Boulevard, so he had researched and found alcohol was served within an area where it was 34
against the code. Mr. DeFrancesco presented an easement which applied to the property, and 35
requested that the law be followed. Donna Brosemer, PGA National, expressed her opinion 36
regarding the changes to parking at PGA Park, requested that staff work with the community 37
and place the parking lot on any side except the lake side, or if not, provide heavy buffering. 38
Charlotte Presensky advised public input was being collected and the project had not yet 39
been placed on a Planning Zoning and Appeals Board agenda. Tom DeRita, Steeplechase, 40
reported that he had founded the Big Heart Brigade, and it was difficult to raise money with 41
an all-volunteer charity. The Fire Department had challenged the restaurants in the 42
Commons, and it had been a phenomenal event, which enabled Big Heart Brigade to provide 43
the most meals ever this year. Carolyn Chaplik, Hudson Bay Drive, requested not to approve 44
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/7/07
3
any projects over four stories before second reading of the height ordinance; and suggested 1
employers could band together to hire a bus or van to pick up employees at the future train 2
station. Joan Elias, Diamond Head Way, agreed that the North side of PGA Park was not 3
appropriate for the parking lot, thanked City Forester Mark Hendrickson for his work and 4
suggestions to plant trees appropriate to the location. 5
CONSENT AGENDA: Councilmember Jablin moved approval of the Consent Agenda; 6
Vice Mayor Levy seconded the motion. Motion carried by unanimous 5-0 vote. 7
Therefore, the following items were approved on the Consent Agenda. 8
a. Approve Minutes from April 5, 2007 regular City Council meeting. 9
b. Approve Minutes from May 3, 2007 regular City Council meeting. 10
c. Resolution 47, 2007 – Pavement Contract. A Resolution of the City Council 11
of the City of Palm Beach Gardens, Florida approving an Agreement for 12
pavement resurfacing services in an amount not to exceed $200,000.00 with 13
Ranger Construction Industries, Inc. via an existing contract with the Village 14
of Wellington (contract No. 004-07); authorizing the Mayor and the City 15
Clerk to execute the agreement; and providing an effective date. 16
d. Resolution 49, 2007 – Contract Award. A Resolution of the City Council of 17
the City of Palm Beach Gardens, Florida approving a contract award to 18
Ahrens Companies for the construction of a pre-engineered metal building 19
for the purpose of servicing City vehicles at the Public Works facility; 20
authorizing the Mayor and City Clerk to execute such contract; and providing 21
an effective date. 22
e. Resolution 54, 2007 – Work authorization. A Resolution of the City Council 23
of the City of Palm Beach Gardens, Florida approving a work authorization 24
and Notice to Proceed to Landscape Service Professionals, Inc., based on its 25
annual landscaping and irrigation contract dated September 15, 2005, for 26
materials and installation of irrigation improvements at PGA National Park; 27
and providing an effective date. 28
f. Resolution 55, 2007 – Work authorization. A Resolution of the City Council 29
of the City of Palm Beach Gardens, Florida approving a work authorization 30
and Notice to Proceed to Landscape Service Professionals, Inc., based on its 31
annual landscaping and irrigation services contract dated September 15, 32
2005, for materials and installation of landscaping improvements at Burns 33
Road Community Recreation Center; and providing for an effective date. 34
g. Quarterly Financial Report. 35
h. Proclamation – Recognition of Sam Martin for thirty-eight (38) years of 36
service. 37
PUBLIC HEARINGS: 38
Part I – Quasi-judicial 39
Resolution 7, 2007 – Amend the Donald Ross Village PUD signage. A Resolution of the 40
City Council of the City of Palm Beach Gardens, Florida amending the Donald Ross Village 41
Planned Unit Development (PUD) to allow an increase in the size of the signage on the West 42
elevation of the hotel from 36 square feet to 53 square feet (Building H) and approving a 43
waiver from Section 78-285, code of ordinances, to allow for one additional flat/wall sign for 44
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/7/07
4
each tenant located in buildings A, B, C, D, I, J, and K within the Donald Ross Village PUD, 1
generally bounded by Donald Ross Road to the North, Central Boulevard to the West, and 2
Military Trail to the East, as more particularly described herein; providing waivers; 3
providing conditions of approval; and providing an effective date. The City Clerk read 4
Resolution 7, 2007 by title. Mayor Russo declared the public hearing open and called for a 5
motion. Councilmember Jablin moved to postpone Resolution 7, 2007 to a date certain of 6
June 21, 2007. Vice Mayor Levy seconded the motion. Motion carried by unanimous 5-0 7
vote. 8
Part II – Non-Quasi-judicial 9
Ordinance 18, 2007 – (2nd reading and adoption) Drought-Related Water Restrictions. An 10
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to 11
Drought-Related Water Restrictions; authorizing the City Manager to implement necessary 12
modifications to the requirements for landscaping installation during periods of drought; and 13
providing an effective date. The City Clerk read Ordinance 18, 2007 by title on second 14
reading. Mayor Russo declared the public hearing open. Hearing no comments from the 15
public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved that 16
Ordinance 18, 2007 be placed on second reading and adopted. Councilmember Levy 17
seconded the motion, which carried by unanimous 5-0 vote. 18
CITY ATTORNEY REPORT: 19
The City Attorney advised that the Mayor had been asked to go to a deposition in the case of 20
a man who wanted to sell items at the green market but did not qualify. 21
ITEMS FOR COUNCIL ACTION/DISCUSSION: 22
Consensus was to do a verbal evaluation of the City Manager’s performance. Positive 23
evaluations were given. The only issues were that Councilmember Barnett indicated she 24
would like more communications regarding what was going on each week, and requested 25
any issues with any developments be brought to the Council as early as possible so that 26
projects could go through the City more quickly. 27
28
(The rest of this page left intentionally blank) 29
30
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32
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37
38
39
40
41
42
43
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/7/07
5
ADJOURNMENT 1
2
There being no further business to discuss, the meeting was adjourned at 9:34 p.m. 3
4
5
APPROVAL: ____________________________________ 6
MAYOR RUSSO 7
8
9
____________________________________ 10
VICE MAYOR LEVY 11
12
13
____________________________________ 14
COUNCILMEMBER JABLIN 15
16
17
____________________________________ 18
COUNCILMEMBER VALECHE 19
20
21
____________________________________ 22
COUNCILMEMBER BARNETT 23
24
ATTEST: 25
26
27
____________________________________ 28
PATRICIA SNIDER, CMC 29
CITY CLERK 30
31
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not 32
verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the 33
City Clerk. All referenced attachments are on file in the City Clerk’s office. 34
35
36
37
38
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 29,2007
Meeting Date: July 19, 2007
Resolution 61. 2007
SubjectlAgenda Item: Proposed Agreement between the City of Palm Beach Gardens
and Catalina Lakes Homeowners Association, Inc. to Provide Uniform Traffic Control on
the Private Streets and Roadways within the Catalina Lakes community.
[XI Recommenda
11 Recommenda
Reviewed by:
Christine P. Tatu
City Attorney
Finance Director
N/A
Submitted bv:
Chief Siephen Stepp
Department Director
City Manager
:ion to APPROVE
:ion to DENY
Originating Dept.:
Police Department
Lt. Jay Spen qp!
Advertised :
Date:
Paper:
[ x] Not Required
Affected parties
uotiiied
[ x] Not required
costs: $ 0
(Total)
$0
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
~~
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attach ments :
0 Resolution 61, 2007
0 Agreement
0 Letter of Request
from Catalina Lakes
Horn eown ers
Association, Inc.
[ ]None
Date Prepared: May 29,2007
Meeting Date: July 19,2007
Resolution 61,2007
BACKGROUND: The Catalina Lakes Homeowners Association, Inc. desires to enter into
an agreement with the City of Palm Beach Gardens for the purpose of enforcing traffic laws
on the private streets and roadways within their gated community. The Police Department
conducted a survey of the traffic control devices and signs within the community and
determined that they meet the standards set forth by the Florida Department of
Transportation.
STAFF RECOMMENDATION: Staff recommends entering into an agreement with
Catalina Lakes Homeowners Association, Inc. for the purpose of providing enforcement of
traffic laws within the Catalina Lakes community and recommends approval of Resolution
61, 2007.
CAPITAL REALTY ADVISORS, INC. I qro- 3”i 4 - 45-37
111 Licensed Real Estate Broker
Professional Real Estate Services
Community Association Management
600 SANDTREE DRIVE, SUITE 109
PALM BEACH GARDENS, FL 33403
Telephone: (561) 624-5888 / Fax: (561) 624-5827
www.caDitalrealtvadvisors.com
May 9,2007
Lieutenant Spencer
Palm Beach Gardens Police Department
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Palm Beach Gardens Traffic Enforcement Request
Dear Lt. Spencer,
The Catalina Lakes Homeowners Association, the Board of Directors, and the Neighborhood
Watch Committee would like thank you for taking the time to attend the Association’s Annual
Meeting on February 7th.
The Board discussed your suggestion relating to traffic enforcement at the March 2 lSt Board of
Directors’ meeting. Please allow this letter to serve as their formal request to allow the City of
Palm Beach Gardens Police Department to enforce all traffic violations including, but not limited
to: posted speed limit signs, stop signs and parking.
The Catalina Lakes Board of Directors would like to thank you and the traffic enforcement
division, in advance, for your assistance. Please call me should you have any questions.
Andy Oremland, President
CaBha Lakes Homeowners Association, Inc.
Board of Directors
433 Capistrano Drive, Palm Beach Gardens, FL 334 10
cc: File, Board of Directors,
Diane Gardner (Neighborhood Watch Committee Chair)
Date Prepared: May 29, 2007
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RESOLUTION 61,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR
TRAFFIC CONTROL JURISDICTION BETWEEN THE CITY OF
PALM BEACH GARDENS AND CATALINA LAKES HOMEOWNERS
ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Catalina Lakes Homeowners Association, Inc. owns and/or controls
the roadways within its development as private roads; and
WHEREAS, Section 31 6.006(2), Florida Statutes, provides that the City may
exercise traffic control jurisdiction over private roads by written agreement; and
WHEREAS, Catalina Lakes Homeowners Association, Inc. wishes to contract
with the City of Palm Beach Gardens for performance of law enforcement services and
functions relating to traffic control within its boundaries in the City of Palm Beach
Gardens; and
WHEREAS, such agreement for law enforcement services has been prepared
and is attached hereto; 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 accepts and approves the Traffic Control
Jurisdiction Agreement between the City of Palm Beach Gardens and Catalina Lakes
Homeowners Association, Inc. and hereby authorizes the Mayor and City Clerk to
execute the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: May 29, 2007
Resolution 61, 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\trafk control jurisdiction agrnt-catalina lakes hoa-reso 61 2007.doc
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AGREEMENT FOR TRAFFIC ENFORCEMENT
THIS AGREEMENT is made and entered into as of the day of
, 2007, by and between the CITY OF PALM BEACH GARDENS, a
Florida municipal corporation (“City”), and CATALINA LAKES HOMEOWNERS
ASSOCIATION, INC., Florida non-profit corporation (“Association”).
WITNESSETH:
WHEREAS, Section 316.006(2)(b), Florida Statutes, authorizes the City’s law
enforcement officers to exercise traffic control jurisdiction over private roads located
within the City pursuant to a written agreement between the City and the party or parties
owning or controlling such roads: and
WHEREAS, the Association, as the beneficial owner of the roadways within the
Catalina Lakes community and acting on behalf of its residents, has requested that the
City provide uniform traffic control enforcement, and the City has agreed to provide such
traffic control in accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual representations herein
contained, the parties hereto agree as follows:
1. The City agrees to provide uniform traffic control in and on the private
streets and roadways within the Catalina Lakes community during normal
patrol hours. The Association acknowledges that this Agreement does not
guarantee a minimum number of hours of traffic enforcement.
2. The Association agrees to indemnify and hold harmless the City, its Police
Department, and all of its officials, officers, agents, and employees against
all loss, liability, and expenses, and all claims made for injury or damage to
person or property (including, but not limited to, wrongful death and
impairment of any property interest) arising or resulting from the City
exercising normal, customary traffic enforcement jurisdiction over the private
streets and roadways within the Catalina Lakes community, which result
from the improper or negligent actions of persons under the direct control of
the Association or the negligent maintenance of the property which is under
the direct control of, and is the maintenance obligation of, the Association.
3. The City shall not be obligated to provide uniform traffic control within the
Catalina Lakes community until such time as the Association posts state-
approved traffic control devices, where req ui red.
4. This Agreement shall take effect on the date it is signed by both parties and
may be canceled by the City or the Association, for any or no reason, by
providing thirty (30) days’ written notice to the other party.
5. All notices required or allowed by this Agreement shall be hand-delivered or
mailed by certified mail, return receipt requested. Notices are to be sent to
the following:
As to the City: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Attn: City Manager
As to the Association: Catalina Lakes Homeowners Association, Inc.
433 Capistrano Drive
Palm Beach Gardens, FL 33410
Attn: Andy Oremland, President
6. This Agreement represents the entire understanding between the parties
with respect to the subject matter hereof, and supersedes all other
negotiations, representations, and agreements, either oral or written,
relating to this Agreement.
7. In the event any section, paragraph, clause, or provision hereof is deemed
invalid by a court of competent jurisdiction, such shall not affect the
remaining portions of this Agreement, which shall remain in full force and
effect .
(The remainder of this page left intentionally blank)
2
IN WITNESS WHEREOF, the parties have set their hands hereunto as of the
date first above written.
CITY OF PALM BEACH GARDENS
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY: /
By:
Mstine P. Tatum, City Attorney
CATALINA LAKES HOMEOWNERS
ASSOCIATION, INC.
ATTEST:
jent
By:
77 Directors
G:\attorney-shareMGREEMENTS\traftk enforcement agmt -catalina lakes hoa.doc
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 21,2007
Meeting Date: July 19,2007
Resolution: 68,2007
SubjectlAgenda Item:
Approve a contract with German’s Building Maintenance Service Inc. for Janitorial Services within
various Municipal Buildings
Dc] Recommendation to APPROVE I ] Recommendation to DENY
Reviewed by:
i
City Attorney \
Communliy Sei+/
Administrator
Department Administrator
1
Originating Dept.:
Michael Morrow
Operations Director
Public Works
Community Services
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
potified
[ ] Not required
Costs: $209.160
(Total)
$34.860
Current FY
Funding Source:
[ x ] Operating
[ ]Other
Budget Acct#:
001.3030.539.3400
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 68, 2007
0 Exhibit A: RFP 2007-
0 Exhibit B: Proposal
0 Exhibit C: Contract for
Janitorial Services for
Municipal Buildings
003
[ ]None
Date Prepared: June 21,2007
Meeting Date: July 19,2007
Resolution: 68,2007
BACKGROUND:
Presently, the City of Palm Beach Gardens is under contract for janitorial services
with United States Service Industries (USSI) in various municipal buildings per
Resolution 56,2006. Under staff evaluation, USSl has not met the minimum criteria
for janitorial services that were established under the agreement and the contractor
has formally requested termination due to staffing issues and expenses.
The City released Request for Proposal No. 2007-003 dated March 23,2007, and
received four proposals. After careful review, staff recommends a contract award to
German’s Maintenance Service, Inc. If approved, the initial term of the Agreement is
August 1 , 2007, to July 31,2008, with an option for additional four (4) 1-year terms,
subject to the mutual consent of the City and the Contractor, unless otherwise
terminated as provided in the RFP. Funding is provided by the General Fund.
STAFF RECOMMENDATION:
Approve Resolution 68, 2007 as presented.
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RESOLUTION 68,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT TO
GERMAN’S MAINTENANCE SERVICE, INC. TO PROVIDE
JANITORIAL SERVICES WITHIN MUNICIPAL BUILDINGS AS
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
SPECIFIED IN REQUEST FOR PROPOSAL NO. 2007-03;
WHEREAS, the City desires to enter into a contract for janitorial services in
various municipal buildings, based on competitive pricing; and
WHEREAS, the City issued a Request for Proposal (No. 2007-03) to provide
such services, attached hereto as Exhibit “A; and
WHEREAS, the City received a proposal from German’s Maintenance Service
Inc., attached hereto as Exhibit “B”; and
WHEREAS, the City wishes to execute a contract to provide janitorial services in
various municipal buildings based on the proposal from German’s Maintenance Service
Inc., attached hereto as Exhibit “C”; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
of this Resolution to be in the best interests of the citizens and residents of the City of
Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves an agreement with German’s
Maintenance Service, Inc., authorizes the Mayor and City Clerk to execute such
agreement, and authorizes the City Manager to execute any future renewal Addenda.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: June 21, 2007
Date Prepared: June 21, 2007
Resolution 68, 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
€A
\\pbgvfile\Attorney\attorney_share\RESOLUTlONS\german janitorial services - reso 68 2007.doc
2
Date Prepared: June 21,2007
Resolution 68, 2007
EXHIBIT A
REQUEST FOR PROPOSALS
JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS
RFP # 2007-003
March 23,2007
THE CITY OF PALM BEACH GARDENS
10500 NORTH MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA
3341 0
1
REQUEST FOR PROPSALS
RFP # 2007-003
The City of Palm Beach Gardens Council is accepting sealed proposals for the following:
JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS
All Requests for Proposals must be received, one (1) original and six (6) copies, at the address
below in the City Clerk’s Office, no later than Mondav, April 23, 2007, at 2:OO bm., at which time
all Requests For Proposals 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.
RFP documents may be obtained at the address below or by calling the City Clerk’s Office at (561)
799-4121. RFP documents will not be issued unless the request is received at least 24 hours prior
to the opening of the RFP. RFP documents can be downloaded from the City’s website link at:
www.pbnfI.com/business/rfp/rfp.asp.
A $500.00 Cashier’s Check is required with submittal of proposal (“bid bond”).
PreSubmittal Conference: Attendance is NON-MANDATORY for those intending to submit RFP
documents. The conference is to be held on Fridav. April 6, 2007. at 9:00 a.m. at the Citv of
Palm Beach Gardens Council Chambers, 10500 North Militarv Trail, Palm Beach Gardens,
Florida 33410.
The RFP Evaluation Committee is scheduled to meet at Citv Hall on Fridav, Awil 27, 2007. at
2:OO D.m. Meetina datehime is subiect to chanae.
All RFP documents are to be sealed when submitted and be delivered or mailed to:
City of Palm Beach Gardens
City Clerk’s Office
10500 N. Military Trail
Palm Beach Gardens, FL 33410
On the enveloDe(s1 containina the woDosal shall be written in lame letters:
RFP # 2007003 for: JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS
To Be Opened: Monday, April 23,2007, at 2 p.m.
The City of Palm Reach Gardens resenres the right to reject any or all proposals, 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 senre the interest of the City. Criteria utilized by the City of Palm Beach Gardens for
determining the most responsible proposer includes, but is not limited to, cost, whether the Proposer meets the
City of Palm Beach Gardens published Speafications, the Proposer‘s experience, skill, ability, financial
capacity, and any other fador which could reasonably be asserted as being relevant to successful
performance. Proposers should anticipate the City may negotiate some or all of the components of a proposal with one or more of the Proposers in order to obtain the lowest negotiated price.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC, Ci Clerk
Publish: Palm Beach Post
Sunday, April 1,2007
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THE CITY OF PALM BEACH GARDENS
REQUEST FOR PROPOSALS #2007-003
JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS
PRESUBMITTAL CONFERENCE
Attendance at this pre-submittal conference is non-mandatory. Attendance is
encouraged for all prospective Proposers.
The Pre-submittal Conference is to be held at:
The City of Palm Beach Gardens
City Hall located at
10500 North Military Trail, Palm Beach Gardens, Florida 33410
The Preaubmittal Conference will start with a briefing in the City Hall Council
Chambers. A tour of the City’s municipal building locations will follow and conclude
with a questionlanswer session back at the City Hall Council Chambers.
On:
Fridav, ADril 6, 2007, startina at 9:00 a.m.
Submittal documents from potential Proposers will be received by the City in the City
Clerk’s office not later than Monday, April 23, 2007, at 2:OO p.m.
For additional information, contact Arthur DeRostaing, CPPB, Purchasing Agent at (561)
804-7014.
The purpose of the PreSubmittal Conference is to provide and solicit
informationkomments relative to the service requirements, scope, purpose, nature
and extent of the work, and any local conditions which may affect the work and its
performance. Submission of RFP submittal documents shall constitute an
acknowledgment by the prospective Proposer that helshelit has thoroughly
examined and is familiar with the Invitation to RFP #2007-003. The failure or neglect
of a Proposer to examine the Invitation to RFP #2007-003 shall in no way relieve
himlherlit of any obligation with respect to either hislherlits Proposal or this
Request for Proposals. No claim for additional compensation will be allowed which
is based upon a lack of knowledge of this Invitation to RFP #2007-003.
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JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS
RFP #2007-003
1 .O GENERAL CONDITIONS
1 .l
1.2
1.3
SEALED RFP RESPONSES:
Original copy of RFP/Bid document and submittal form as well as any other
pertinent documents must be returned in order for a bidder/proposer/contractor to
be considered for award. All Bid/RFP responses are subject to the conditions
specified herein and on the attached Special Conditions, Specifications, and
Bid/RFP Submittal Form.
The completed Bid/RFP response documents must be submitted in a sealed
envelope clearly marked with the RFP title and number to the City Clerk at 10500
N. Military Trail, Palm Beach Gardens, Florida 33410 and no later than 2:OO mm.,
Monday. A~ril23.2007.
EXECUTION OF RFP DOCUMENTS:
The Bid/RFP documents must contain a manual signature of an authorized
representative in the space provided on the Bid/RFP Submittal Form. Failure to
properly sign the BidlRFP documents shall invalidate same, and it shall NOT be
considered for award. All Bid/RFP documents 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/RFP documents. Any illegible
entries, pencil responses, or corrections not initialed will not be tabulated. The
original Bid/RFP 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 RFP/Bid specifications. In case of discrepancy in computing the amount of
the RFP/Bid, the UNIT PRICE quoted will govern. All prices must be F.O.B.
destination, freight prepaid (unless otherwise stated in special conditions). All
applicable discounts are to be given for prompt invoice payments. 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 RFP. All prices quoted shall be
guaranteed for 60 days from RFP/Bid date unless otherwise specified in Special
Conditions.
1.3.1 TAXES:
The City of Palm Beach Gardens is exempt from all Federal Excise and
State taxes. The applicable tax exemption number will be listed on our
Purchase Order.
1.3.2 MISTAKES:
Proposing bidder/proposer/contractors are expected to examine the
specifications and all instructions pertaining to Janitorial Services for
Municipal Buildings. Failure to do so will be at the proposing
bidder's/proposer's/ contractor's risk.
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1.3.4 RFP CONDITIONS:
The City reserves the right to waive irregularities in this Bid/RFP or to reject
any Bid/RFP responses or any part of any Bid/RFP documents deemed
necessary for the best interest of the City.
1.4 EQUIVALENTS:
Proposing bidder/proposer/contractors shall indicate on Bid/RFP documents ANY
deviation from the specifications as listed. Other-than-specified-items offered
require complete descriptive technical literature marked to indicate detail(s)
conformance with specifications and MUST BE INCLUDED WITH THE Bid/RFP
DOCUMENTS. NO PROPOSAL WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to propose alternate Janitorial Services for
Municipal Buildings, the Bid/RFP response will be considered as noncompliant
with the specifications as listed on the attached form.
1.5 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Any Janitorial Services for
Municipal Buildings not conforming to specifications could call the awarded
bidder/proposer/ contractor into default. Any increase in agreed-on cost may be
charged back to the awarded bidder/proposer/contractor. Any violation of these
stipulations may also result in the bidder's/proposer's/contractor's name being
removed from the vendor list.
1.6 SAMPLES:
Samples of items and equipment, when required, must be furnished free of
expense, and if not destroyed, will, upon request, be returned at the owner's
expense. Bidder/proposer/contractor will be responsible for the removal of all
samples furnished within thirty (30) days after the Bid/RFP opening. All samples
will be disposed of after thirty (30) days. Each individual sample must be labeled
with the proposer's/proposer's/contractor's name. Failure to either deliver required
samples or to clearly identify samples may be reason for rejection of the BidlRFP
response.
1.7 INTERPRETATIONS:
Unless otherwise stated in the Bid/RFP, 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@i2gbqfI.com, (fax) 561-7994 34.
1.8 AWARDS:
The City reserves the right to reject any or all Bid/RFP responses or any portion
thereof deemed necessary for the best interest of the City. All awards made as a
result of this Bid/RFP shall conform to applicable Florida Statutes.
1.9 RFP OPENING:
Bids/responses to the RFP 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/RFP
Forms. All responses received after that time shall be returned, unopened.
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1.10
1.11
1.12
1.13
INSPECTION, ACCEPTANCE, and TITLE:
Inspection and acceptance will be destination unless otherwise provided. Title to/or
risk of loss or damage to all items shall be the responsibility of the successful
proposing bidderlproposerlcontractor until acceptance by the City, unless loss or
damage results from negligence by the City. If the Janitorial Services For
Municipal Buildings provided to the City are found not to conform to specifications,
the City reserves the right to cancel the orderkontract upon written notice to the
awarded proposer / proposer / contractor and at the awarded proposer's /
proposer's / contractor's expense.
PAYMENT:
Payment will be made by the City after the City determines that it complies with all
terms and condition of this RFP/Bid and the contract.
DISPUTES:
Any actual or prospective bidder, proposer, offeror, or contractor who is aggrieved
in connection with a solicitation or award of its RFP response or Contract may avail
itself of the City's purchasing procedures to resolve disputed matters or complaints.
The City Clerk or designee shall post a tabulation of the Bid/RFP 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, proposers, offerors, or
contractors affected by the proposed award of contract will also be notified by the
City's designated Purchasing Agent at the time of posting, via fax or other means,
of the intended award.
Any actual or prospective proposer, 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), and 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/RFP/Proposal Protest
P red u re.
In the event of a timely protest, the City shall not proceed further with the
solicitation or with the award of the Bid/RFP/contract until all administrative
remedies have been exhausted or until the City Manager determines that the
award of the Bid/RFP/contract without delay is necessary to protect the public
health, welfare, or safety.
LEGAL REQUIREMENTS:
Federal, State, County, and City laws, ordinances, codes, rules, regulations,
guidelines, and directives that in any manner affect the items covered herein apply.
Lack of knowledge by the proposing bidder/proposer/contractor will in no way be a
cause for relief from resDonsibilihr.
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1.14 INDEMNIFICATION:
The parties agree that 1% of the total compensation paid to the contractor for the
performance of this agreement shall represent the specific consideration for the
contractor's indemnification of the City as set forth in this Section and in the Terms
and Conditions.
To the fullest extent permitted by laws, rules, codes, ordinances, regulations,
guidelines, directives and regulations, bidderlproposerlcontractor shall indemnify
and hold harmless the City and its 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
gross negligent or negligent act or omission of bidderlproposerlcontractor,
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, rules, codes,
ordinances, guidelines directives, 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 the proposing 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 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 proposing bidderlproposerlcontractor 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 Florida Statute 725.06 (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 "Additional Insured" with respect to liability arising out
of operations performed for City by or on behalf of bidderlproposerlcontractor or
acts or omissions of bidderlproposerlcontractor in connection with such operation.
1.1 5 PATENTS & ROYALTIES:
The proposerlbidderlcontractor, 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/proposer/ contractor use any
design, device, or materials covered by letters, patent, or copyright, it is mutually
understood and agreed, without exception, that the bidlproposal prices shall
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include all royalties or cost arising from the use of such design, device, or materials
in any way involved in the work.
1.16 OSHA:
The proposer/bidder/contractor 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/proposer/contractor responsible
for same.
1.17 SAFETY PRECAUTIONS:
The awarded contractor/bidder/proposer shall, if required, maintain suitable and
sufficient guards and barriers, and at night, suitable and sufficient lighting for the
prevention of accidents and all minimum 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/proposer/contractor.
1.18 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall
have precedence.
1.19 QUALITY:
All materials used such as supplies, equipment, or uniforms covered by this
Bid/RFP shall be clean in appearance and operational. The items specified must
be clean in appearance and operational, unless recycled materials are certified by
bidder/proposer/contractor, the latest model, of the best quality, and highest grade
workmanship.
1.20 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders/proposers/contractors are required to enter or go onto City property
to deliver goods or materials or perform work or services as a result of a Bid/RFP
award, the successful bidderlproposerlcontractor will assume the full duty,
obligation, and expense of obtaining all necessary licenses, permits, and insurance
and assure all work complies with all Palm Beach County and City standards. The
bidder/proposer/contractor shall be liable for any damages or loss to the City
occasioned by negligence of the bidderlproposerlcontractor (or agent) or any
person the bidder/proposer/contractor has designated in the completion of the
contract as a result of the proposal of this RFP.
1.21 BlDlPROPOSAL BONDS, PERFORMANCE BONDS, AND CERTIFICATES OF
INSURANCE:
Bid/Proposal Bonds is required in the amount of $500.00 and shall be submitted in
the form of a Cashier’s Check as specified in Special Conditions, Section 2.15.
After acceptance of the Bid/RFP, the City will notify the successful
bidder/proposer/contractor to submit a certificate of insurance in the amount
specified in Special Conditions, Section 2.14.
1.22 DEFAULTlFAlLURE TO PERFORM:
The City shall be the sole judge of nonperformance, which shall include any failure
on the part of the successful bidder/proposer/contractor to accept the award, to
furnish required documents, and/or to fulfill any portion of this contract within the
time stipulated.
8
Upon default by the successful bidder/proposer/contractor to meet any terms of this
agreement, the City will notify the bidder/proposer/contractor three (3) days
(weekends and holidays excluded) to remedy the default. Failure on the
bidder's/proposer's/contractor's part to correct the default within the required three
(3) days shall result in the contract being terminated and upon the City notifying in
writing the bidder/proposer/contractor of its intentions and the effective date of the
termination. The following shall constitute default:
1.22.1 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.
1.22.2 Failure to begin the work under this contract within the time specified.
1.22.3 Failure to perform the work with sufficient workers and equipment, or with
sufficient materials to ensure timely completion.
1.22.4 Neglecting or refusing to remove materials or perform new work where
prior work has been rejected as nonconforming with the terms of the
contract.
1.22.5 Becoming insolvent, being declared bankrupt, or committing act of
bankruptcy or insolvency, or making an assignment that renders the
successful bidder/proposer/contractor incapable of performing the work in
accordance with and as required by the contract.
1.22.6 Failure to comply with any of the terms of the contract in any material
respect.
1.22.7 Failure to comply with the terms of this Bid/RFP, including, but not limited
to, the Special Conditions.
In the event of default of a contract, the successful bidder/proposer/contractor shall
pay the entire City's attorney fees and court costs incurred in collecting any
damages.
1.23 CANCELLATION:
The City reserves the right to cancel this contract by written notice to the
proposer/bidder/contractor effective the date specified in the notice and the
following will apply:
1.23.1 The proposer/proposer/contractor 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 hidher services in a manner satisfactory to the City. In the event
the proposer/bidder/contractor is found to be in default, the
proposer/bidder/contractor will be paid for all labor and materials provided
as of the termination date that was satisfactorily performed. No
consideration will be given for anticipated loss of revenue or the canceled
portions of the contract.
1.23.2 The City has determined that such cancellation will be in the best interest
of the City to cancel the contract for its own convenience.
1.23.3 Funds are not available to cover the cost of the services. The City's
obligation is contingent upon the availability of appropriate funds.
1.24 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 33410.
1.25 SUBSTITUTIONS:
The City WILL NOT accept substitute specifications of any kind. Awarded
contractor is expected to furnish the services as agreed in its contract once
awarded.
9
1.26
1.27
1.28
1.29
1.30
FACILITIES:
The City reserves the right to inspect the bidder's/proposer's/contractor's facilities
at any time with prior notice.
RFP TABULATIONS:
Proposing bidders/proposers/contractors desiring a copy of the Bid/RFP tabulation
may request same by enclosing a self-addressed stamped envelope with the
Bid/RFP.
APPLICABLE LAW AND VENUE:
The law of the State of Florida shall govern the contract between the City and the
successful bidder/proposer/contractor, 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 fees, which shall
include any fees and costs attributable to appellate proceedings arising on and of
such litigation.
CLARIFICATION AND ADDENDA TO RFP SPECIFICATIONS:
If any person contemplating submitting a proposal under this Bid/Request For
Proposal is in doubt as to the true meaning of the specifications or other BidlRFP
documents or any part thereof, the bidderlproposerlcontractor must submit to the
Purchasing Agent at least seven (7) calendar days prior to the scheduled Bid/RFP
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 RFP/Bid, if made, will be made only by Addendum duly
issued by the City's designated 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 the Bid/RFP are required. A copy of such Addendum will be sent to
each bidder/proposer/contractor receiving the Bid/RFP. In the event of conflict with
the original Bid/RFP Documents, the Addendum shall govern all other Bid/RFP and
Contract Documents to the extent specified. Subsequent Addenda shall govern
over prior Addenda, only to the extent specified.
AWARD OF CONTRACT:
1.30.1 A contract may be awarded to the most responsive and responsible
bidder/proposer/wntractor(s) whose proposal(s), conforming to the
Bid/Request for Proposal, is most advantageous to the City. The lowest
responsive and responsible bidder/proposer/contractor(s) will be
determined in conjunction with the method of award which is described in
the Special Conditions.
1.30.2 The City shall award a contract to a proposing bidder/proposer/contractor
through action taken by the City Council or the City Manager.
1.30.3 The General Terms and Conditions, the Special Conditions, the Technical
Specification, and the Contractor's RFP response are collectively an
integral part of the contract between the City and the successful Janitorial
Services for Municipal Buildings bidder/proposer/contractor.
1.30.4 While the City may determine to award a contract to a contractor(s) under
this Bid/Request for Proposals, said award may be conditional on the
subsequent submission of other documents as specified in the Special
Conditions. The proposing bidder/proposer/contractor shall be in default of
any conditional award if any of these documents are not submitted in a
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timely manner and in the form required by the City. If the
bidder/proposer/contractor is in default, the City, through its designated
Purchasing Agent, will void its acceptance of the
bidder's/proposer's/contractor's offer and may determine to select the
second most responsive and responsible proposing
bidder/proposer/contractor or re-solicit the Bid/RFP. The City may, at its
sole option, seek monetary restitution from the defaulting
bidder/proposer/contractor as a result of damages or excess costs
sustained and/or may prohibit the bidder/proposer/contractor from
submitting future Bids/RFPs for a period of one (1) year.
1.30.5 The City reserves the right to exercise the option to renew a term contract
of any successful bidder/proposer/contractor(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 RFP.
1.30.6 The City reserves the right to automatically extend any contract for a
maximum period not to exceed ninety (90) calendar days in order to
provide 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 RFP.
1.31 ASSIGNMENT:
The awarded contractor 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 or its power to execute such contract to any person, company, or corporation
without prior written consent of the City.
1.32 LAWS, PERMITS, AND REGULATIONS:
The awarded bidder/proposer/contractor shall obtain and pay for all licenses,
permits, and inspection fees required for this project, and shall comply with all laws,
ordinances, and regulations applicable to the work contemplated herein.
1.33 OPTIONAL CONTRACT USAGE:
Other State agencies, and/or Governmental Entities in the State of Florida may
purchase from the resulting contract. Bidders/proposers/contractors 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.
1.34 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/proposal on a contract to provide any goods or
services to a public entity; may not submit a Bid/proposal on a contract with a
public entity for the construction or repair of a public building or public work; may
not submit bids/proposals on leases of real property to a public entity; and may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity.
1.35 CONFLICT OF INTEREST AND CODE OF ETHICS:
The award is subject to provisions of State Statutes and City policies. All
bidders/proposers/contractors must disclose with their proposal the name of any
officer, director, or agent who is also an employee of the City. Further, all
bidders/proposers/contractors must disclose the name of any City employee who
owns, directly or indirectly, an interest of 5% or more in the bidder's/proposer's/
contractor's firm or any of its branches.
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1.36
1.37
1.38
If any bidder, proposer, contractor violates or is a party to a violation of the code of
ethics of the State of Florida with respect to this Bid/RFP, such
bidder/proposer/contractor may be disqualified from performing the work described
in this Bid/RFP or from furnishing the goods or services for which the RFP/Bid is
submitted and shall be further disqualified from proposing/bidding on any future
RFP/Bid for work or for goods or services for the City. A copy of the State Ethics
Codes is available on line at httw//w.fIsenate.qov.
NON-COLLUSION:
Proposer/bidder/contractor certifies that this offer is made without prior
understanding, agreement, or connection with any corporation, 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/proposer/proposer/contractor list(s).
FLORIDA PUBLIC RECORDS ACT:
All material submitted regarding this Bid/ RFP becomes the property of the City.
Bid/RFP documents may be reviewed by any person ten (10) days after the public
opening. Proposers/bidders/contractors should take special note of this as it
relates to any proprietary information that might be included in their offer.
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/RFP proposal and/or any resulting contract from
same. Disqualification of a proposer/proposer/contractor does not eliminate this
right.
TIED RFPlBlDS - DRUG-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 will be held in the event all apply.
2.0 SPECIAL CONDITIONS
2.1 PURPOSE:
The purpose of this Request for Proposal (RFP) is to establish a contract for the
provision of Janitorial Services for Municipal Buildings, as and when needed. The
successful Contractor shall be responsible for providing such services at locations
and times specified by the City; shall be completely responsible for the supervision
of such personnel in accordance with contract specifications and terms and
conditions; and shall exercise exclusive control over persons employed to fulfill
these contract requirements, in accordance with the RFP specifications.
2.2 TERM OF CONTRACT:
The initial contract term shall be one (1) year from the date of execution. The
City reserves the right to extend the contract four (4) additional one (1) year
renewal terms, providing both parties agree to the extension, all terms,
conditions, and specifications remain the same, and such extension is
approved by the City.
12
2.3 METHOD OF AWARD:
Award of this contract may be made to the responsive and responsible
bidder/proposer/contractor whose proposal is the most advantageous to the City.
2.4 INVOICE PAYMENTS:
The City will accept invoices no more frequently than one per month. Each invoice
shall be accompanied by records fully detailing the items stated on the invoice.
The City shall make every attempt to process correct invoices within thirty (30)
days of receipt. The City will advise the Contractor of any items questioned within
ten (10) days of invoice receipt. The Contractor shall prepare verification data for
the amount claimed and provide complete cooperation during such investigation of
any areas questioned.
2.5 CONTACT PERSON:
For any additional information regarding the specifications and requirements of this
RFP/Bid, contact Arthur DeRostaing, Purchasing Agent, 10500 N. Military Trail,
Palm Beach Gardens, Florida 3341 0; aderostainq@i213bqfl.com; (fax) 561-799-4134.
2.6 RFPlBlD CLARIFICATION:
Any questions or clarifications concerning this RFP 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 RFP titlelnumber shall be referenced on all correspondence. All questions
must be received no later than seven (7) calendar days prior to the scheduled
proposal opening date. All responses to questions / clarifications will be sent to all
prospective bidders/proposers/contractors in the form of an addendum. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.7 WARRANTIES OR GUARANTEE OF USAGE:
No warranty or guarantee is given or implied as to the total number of janitorial
services that will be required as a result of this contract. The number of janitorial
services transports stated in the Bid/RFP specifications is estimates of annual
requirements, based on the City's current requirements. Actual services will be
requested as needed.
2.8 RFP SUBMllTAL:
All proposals submitted shall be completed on your company letter head. All
information and technical requirements are to be acknowledged and accepted as
defined in the Scope of Work / Services. RFPs will be considered "Non-responsive"
if the required information is not submitted by the date and time specified. Before
submitting the RFP response, each proposal shall make all investigations and
examinations necessary to ascertain if any addenda were issued by the City
Clerk's Office.
2.9 LATE RESPONSES:
The City cannot be responsible for RFP documents received after opening time
and encourages early submittal.
2.10 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the RFP Form and shall
reference the section. Any exceptions to the General or Special Conditions shall
be cause for the RFP/Bid to be considered non-responsive.
13
the City or by any of its representatives, which indicate less coverage than is
required, does not constitute a waiver of bidder's/proposer's/ contractor's obligation
to fulfill the insurance requirements herein.
The successful proposer/proposer/contractor must submit, no later than ten (1 0)
days after the award and prior to the commencement of any work, a Certificate of
Insurance naming the City of Palm Beach Gardens as an additional insured. New
certificates of insurance are to be provided to the City at least fifteen (1 5) days prior
to coverage renewals.
2.14 PROPOSAUPERFORMANCE BOND:
All proposals must be accompanied by a Cashier's Check in the amount of
$500.00, made payable to the City of Palm Beach Gardens as guarantee that the
proposer, if awarded the contract, will within thirty (30) consecutive calendar days
after being notified of the award, enter into a contract with the City of Palm Beach
Gardens in accordance with the awarded contract. The Cashier's Check, of all
unsuccessful proposers will be returned after contract award. No performance
bond is required.
2.15 WARRANTIES OR GUARANTEE OF USAGE:
No warranty or guarantee is given or implied as to the total number of janitorial
services that will be required as a result of this Contract. The numbers of janitorial
services stated in the RFP specifications are estimates of annual requirements,
based on the City's current requirements. Actual janitorial services will be
requested as needed.
2.16 RECORDS, AUDITS:
The Contractor shall maintain during the term of the contract all books of account,
receipt invoices, reports, and records in accordance with generally- accepted
accounting practices and standards. The Contractor shall maintain and make
available such records and files for the duration of the contract and retain them
beyond the last day of the contract term for the period of two (2) years.
2.17 UNIT COST PER LOCATIONISITE RATE:
The unit cost per location/site rate quoted shall be for any and all additional work
as specified herein and shall include full compensation for labor, equipment use,
and any other cost to the proposer. This rate is assumed to be at straight-time for
all labor.
2.18 REFERENCES:
Each proposal must be accompanied with a minimum of five (5) references with a
minimum of three (3) years experience providing janitorial services for facilities with
a minimum 20,000 square feet capacity, which shall include the name of company
and / or governmental entity, 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 proposer to ascertain that the contact
person will be responsive. NO PROPOSAL WILL BE CONSIDERED WITHOUT
THIS LIST.
2.19 COMPLETE PROJECT REQUIRED:
These specifications describe the various items or services of work required,
enumerating or defining the extent of same necessary, but failure to list any items
or services under scope of the several sections shall not relieve the proposer from
furnishing, maintaining or performing such work where required by any part of
these specifications, or necessary to the satisfactory completion of the contract.
15
2.20 PROPOSER QUALIFICATIONS:
In order for proposals to be considered, proposers must submit with their proposal,
evidence that they are qualified to satisfactorily perform the specified work.
Evidence shall include all information necessary to certify that the proposer;
maintains a permanent place of business; has technical knowledge and practical
experience in the type of equipment and materials required in this scope of work;
have available the organization and qualified manpower to do the work; has
adequate financial status to meet the financial obligations incident to the work; has
not had just or proper claims pending against him or his work; and has serviced
similar type, size and complexity of janitorial maintenance. The evidence will
consist of listing the similar maintenance contracts, for the last five (5) years.
A list of equipment and specific number of qualified manpower available to perform
work if awarded contract be submitted with proposal. The equipment list shall
be up-to-date and include brands and model numbers.
2.21 CRIMINAL BACKGROUND CHECWSCREENING REQUIREMENTS:
The Contractor agrees to have all of its agents, licensees, invitees, employees,
subcontractors, and material/supplies men submit to a criminal background check
/screening in such form and fashion as is acceptable to the City in its sole and
unfettered discretion prior to entering and or commencing work on these janitorial
services referenced herein, regardless of whether the City has provided the
Contractor with a Notice to Proceed. The Contractor shall be responsible for all
such costs associated with such screening and back ground check. The City
reserves the right, but not the obligation to preclude any of the above persons or
entities from working on this Project as a result of such screeningkriminal back
ground check regardless of the results of the screening /background check. The
parties hereto recognize that this Project is sensitive in nature as a result of
security concerns; this provision is a material inducement of the City entering into
this Contract with the Contractor. Nothing herein however shall confer any liability
on the part of the City as a result of this provision in the Contract. Each party who
has been screened shall be required to have identification with a clearance tag
before entering the Project. Further the Contractor shall provide a roster of all
parties to enter or work on these janitorial services and proof of such clearance
prior to entering onto the City’s Project is to be provided for the Facilities Manager
or hidher designate.
2.22 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Proposal Form and shall
reference the section. Any exceptions to the General or Special Conditions shall
be cause for the proposal to be considered non-responsive.
2.23 COMPLETE INFORMATION REQUIRED ON PROPOSAL FORM:
All proposals must be submitted on the attached Proposal Forms and all blanks
filled in. To be considered a valid proposal, ONE (1) ORIGINAL AND SIX (6)
COPIES of the Complete Proposal Package is to be submitted, properly
completed, in a sealed envelope as outlined in the first paragraph of the General
Conditions.
2.24 ONE (1) ORIGINAL AND SIX (6) COPIES OF THE FOLLOWING DOCUMENTS
ARE TO BE INCLUDED IN YOUR RFP PACKAGE:
Insurance Certificate or Proof thereof 0
0 Equipment List / Personnel
Cashier Check
0 Quality Control Program
16
e
e Licenses
e Qualifications
References
e Proposal Forms
Employee Hand Book or Policy/Procedures
3.0 SCOPE OF THE WORK / SERVICES:
3.1 SPECIAL PERFORMANCE REQUIREMENTS I SPECIFICATIONS:
The purpose of this proposal is to establish a contract for the furnishing of all labor,
equipment, related materials, and expertise for janitorial services for municipal
buildings in the City of Palm Beach Gardens, Florida as follows:
Criminal backnround checks will be rewired and documented for the
Facilities Manager on all contracted emPlovees Performing ianitorial
services on the Citv of Palm Beach Gardens Prowties (Reference
“SDecial Conditions” Section 2.21 of this RFP Packanel.
The awarded contractor will provide laminated and photographed
identification tags that are to be visibly worn at all times by those
performing janitorial services and who have been cleared to work by the
contractor and the City of Palm Beach Gardens.
The company is responsible for moving all furniture and/or fixtures that
may be in the way of regular cleaning.
Cleaning surfaces do not include folding tables, chairs or portable
equipment.
Services not outlined in this contract are not implied to be work granted to
the company.
Recycling materials - In facilities that separate trash and recycle items, the
contractor must place recycled items in appropriate containers outside the
building. Commingling will not be allowed.
The City of Palm Beach Gardens requires the awarded contractor’s
assigned employees to be provided with hand-held devices for
communication purposes within our NEXTEL telecommunication system.
The awarded contractor must specifically identify / list, for the City of Palm
Beach Gardens Facilities Manager, the cleaning crew supervisor/leader
and hidher NEXTEL cell number(s).
Vendor guarantees a response time necessary to have a crew return
to correct unfinished or unsatisfactory janitorial duties with 24 hours
or less.
All cleaning locations are subject to change at anytime.
3.2 CONTRACT CLEANING LOCATIONS, SQUARE FOOTAGE, TRAFFIC,
TIMUDATE SCHEDULES:
Burns Road Recreation Center located at 4404 Bums Road
Approximately 40,000 square feet / Traffic: 500 - 1,000 people on average per day.
Year round - Sunday through Saturday, except Thanksgiving, Christmas,
New Year‘s Day, and Easter Sunday. Required cleaning service hours: 10
p.m. through 6:OO a.m.
0
17
Parks Division Buildina located at 4301 Burns Road
Approximately 2,500 square feet / Traffic: 50 people on average per day.
Year round - Sunday through Saturday, except Thanksgiving, Christmas,
New Year's Day, and Easter Sunday. Required cleaning service hours:
6:30 p.m. through 12:OO midnight.
Various Park Restroom Sites located at Gardens Park 14 bathrooms). Klock Soccer
Field (4 bathrooms). Plant Drive (4 bathrooms). Lilac Ball Field (2 bathrooms). and
Lake Catherine (4 bathrooms)
Approximately 4,000 square feet / Traffic: Depending on the Park Site, 100 - 800
people on average per day.
Year round - Sunday through Saturday, except Thanksgiving, Christmas,
New Year's Day, and Easter Sunday. Required cleaning service hours:
1O:OO p.m. through 6:OO a.m.
0
Citv Hall located at 10500 North Militarv Trail (1" floor onlv)
Approximately 18,000 square feet / Traffic: 150 - 600 people on average per day.
0 Year round - Monday through Friday, except Thanksgiving, Christmas, and
New Year's Day. Required cleaning service hours: 6:30 p.m. through 12:OO
midnight - additional cleaning on the first and third Thursdays of each
month. Required cleaning service hours: 12:OO midnight through 4:OO a.m.
Golf Clubhouse located at 11401 Northlake Blvd.
Approximately 1,500 square feet / Traffic: 100 - 600 people on average per day.
Year round - Sunday through Saturday with no closing for holidays.
Required cleaning service hours: 7:OO p.m. through 6:OO a.m.
Golf Maintenance Barn located at 11401 Northlake Blvd.
Approximately 1,500 square feet / Traffic: 25 people on average per day.
0 Year round - Tuesdays and Fridays only. Required cleaning service hours:
7:OO p.m. through 6:OO a.m.
Public Works ComDlex (four buildinas) located at 3704 Bums Road
Approximately 4,000 square feet / Traffic: 80 people on average per day.
Year round - Monday through Friday except Thanksgiving, Christmas,
New Years Day, and Easter Sunday. Required cleaning service hours:
530 a.m. through 8:30 a.m.
LOCATION I AREAS to RECEIVE JANITORIAL SERVICES (ALL CLEANING
LOCATIONS ARE SUBJECT TO CHANGE at ANYTIME:
3.3
Burns Road Recreation Center:
0 All bathrooms, three (3) exterior entrance/egress areas, lobby/public
hallways, art room, dance rooms, auditorium/stage, (2) gymnasiums,
kitchen, locker rooms. Excluded - offices, storage areas and closets, and
front desk operations area.
Parks Division Buildinq:
0 Lobby, public hallways, bathrooms, and break room.
Various Park Sites:
0 Concession areas and restrooms.
18
Citv Hall (1" Floor onlv):
Lobbies, public hallways, one stairway, three stairwells, bathrooms, offices,
break rooms, conference rooms, and council chambers.
Golf Clubhouse:
Lobby, reception area, hallways, pro-shop, offices, stairway, remote
offices, common areas, and restrooms.
Golf Maintenance Barn:
Offices, remote offices, common areas, and restrooms.
Public Works Complex:
Lobby, public hallways, trailer offices (metal building construction pending),
wood shop offices, fleet supervisor's office in garage, bathrooms, offices,
break rooms, and conference rooms.
3.4 GENERAL CLEANING STANDARDS I ALL LOCATIONS;
Cleaned areas should be free from dust, dirt, lint, and stains.
Floors and counter tops shall be free from accumulating dirt.
Mop heads and mop water shall be changed nightly or more if soiling
prevents a clean surface from being left behind.
Locker rooms and restrooms should be free from algae/mold growth after
cleaning.
The facilities shall contain no odors, chemical, or other janitorial materials
after daily services are completed.
Cleaned areas should be free from standing water.
The company must ensure appropriate chemicals are utilized in
appropriate areas.
Cleaning reports are to be left nightly, including information about issues
and concerns that need to be brought to the attention of the Facilities
Manager.
Weekly walkthroughs are to be conducted with the City of Palm Beach
Gardens Facilities Manager during normal business hours (Monday -
Friday 8:OO a.m. - 4:OO p.m.).
3.5 Burns Road Recreation Center:
Dailv Reauirements for All Areas:
EmDtv wastebaskets / trash cans in the interior of the building and the two
entbways. Spot clean all obvious dirt from interior / exterior a canisters.
Vacuum carpet floors.
Clean storefront windows, office windows, and all other windows in the
building.
Clean all table and counter surfaces.
Remove and dispose of all trash, boxes, and obvious waste located near
trash receptacles.
Empty and clean all exterior ashtrays and cigarette receptacles.
Sweep and machine clean all tile, gymnasium, and vinyl floors.
Sweep and
Spot clean all wall stains and marks.
Spot clean carpeting spots and stains.
Clean and sanitize drinking fountains.
Wipe clean vending machines.
clean all epoxy and wood dance floors.
19
Dailv Restroom Cleanina / Additional Reauirements:
0 Clean and sanitize all fixture surfaces including under lids, sides, bases,
and backsplashes.
Refill all paper products.
0 Refill all soap dispensers.
0
0 Clean all countertop surfaces.
0 Clean all mirrors.
0 Replace deodorizing blocks.
Spot clean stains and marks on partitions.
Dailv Locker Room Cleanina / Additional Reauirements:
0
0 Scrub and rinse floors.
Scrub shower stall floors /walls to be free from dirt, soap scum, and mold /
mildew.
Wipe clean and sanitize all benches.
Spot clean locker interior/exterior surfaces.
Dailv Kitchen Cleanina / Additional Cleanina:
0
0
Wipe clean all tables, counters, and stainless steel sinks / surfaces.
Wipe clean interior / exterior of microwaves and refrigerators.
Weeklv Reauirements for All Areas:
0
0
0
Wipe clean all trash cans and wastebaskets.
Wipe clean doors, door jams, and hardware.
Scrub, rinse, spray-buff, and wax all vinyl floor surfaces.
Weekly Restroom Cleanina / Additional Reauirements:
Clean / sanitize the outside of all dispensers and trash receptacles.
Polish all dispensers, mirrors, and bright work.
Dust tops of doors, partitions, mirrors, and air vents.
Clean / sanitize restroom partitions, walls around toilets, and urinals.
Wipe clean all partition surfaces and walls.
0
0
0
0
0
Weekly Locker Room Cleanina / Additional Reauirements:
0 Wipe down and sanitize lockers (interior / exterior surfaces, including tops).
Monthlv Reauirements for All Areas:
Dust high ledges, window sills, and vents.
Scrub clean all epoxy floors.
0
0
0 Clean all baseboards.
Monthlv Kitchen Cleanina / Additional Reauirements:
0 Move equipment away from walls and clean walls/floors.
3.6 Parks Division Buildinn:
Dailv Reauirements for All Areas:
0
0 Vacuum carpet floors.
Empty wastebaskets / trash cans in the interior of the building and the two
entry ways. Spot clean all obvious dirt from interior / exterior of canisters.
20
0
0
0
0
0
0
0
0
0
0
Clean storefront windows, office windows, and all other windows in the
building.
Clean all table and counter surfaces.
Remove / dispose of all trash, boxes, and obvious waste located near trash
receptacles.
Empty and clean all exterior ashtrays and cigarette receptacles.
Sweep and machine clean all tile, gymnasium, and vinyl floors.
Sweep and
Spot clean all wall stains and marks.
Spot clean carpeting spots and stains.
Clean and sanitize drinking fountains.
Wipe clean vending machines.
clean all epoxy and wood dance floors.
Dailv Restroom Cleanina I Additional Reauirements:
0 Clean and sanitize all fixture surfaces including under lids, sides, bases,
and backsplashes.
0 Refill all paper products.
0 Refill all soap dispensers.
0
0 Clean all countertop surfaces.
0 Clean all mirrors.
0 Replace deodorizing blocks.
Spot clean stains and marks on partitions.
Dailv Locker Room Cleanina / Additional Reauirements:
0
0
0
0 Scrub and rinse floors.
Scrub shower stall floors /walls to be free from dirt, soap scum, and mold /
mildew.
Wipe clean and sanitize all benches.
Spot clean locker interior / exterior surfaces.
Dailv Kitchen Cleanina / Additional Cleaninq,
0
0
Wipe clean all tables, counters, and stainless steel sinks / surfaces.
Wipe clean interior / exterior of microwaves and refrigerators.
Weeklv Reauirements for All Areas:
0
0
0
Wipe clean all trash cans and wastebaskets.
Wipe clean doors, door jams, and hardware.
Scrub, rinse, spray-buff, and wax all vinyl floor surfaces.
Weeklv Restroom Cleanina / Additional Reauirements:
Clean / sanitize the outside of all dispensers and trash receptacles.
Polish all dispensers, mirrors, and bright work.
Dust tops of doors, partitions, mirrors, and air vents.
Clean / sanitize restroom partitions, walls around toilets, and urinals.
Wipe clean all partition surfaces and walls.
Weeklv Locker Room Cleanina / Additional Reauirements:
Wipe down and sanitize lockers (interior / exterior surfaces including tops).
0
0
0
0
0
0
Monthlv Reauirements for All Areas:
Dust high ledges, window sills, and vents.
Scrub clean all epoxy floors.
0
0
0 Clean all baseboards.
21
Monthlv Kitchen Cleanina / Additional Reauirements:
0 Move equipment away from walls and clean walls / floors.
3.7 PARKS I CONCESSIONS and RESTROOMS SITES -
GARDENS PARK (4 RESTROOMS), KLOCK SOCCER FIELD (2 RESTROOMS),
PLANT DRIVE (4 RESTROOMS), LILAC BALL FIELD (2 RESTROOMS), &
LAKE CATHERINE:
Daily Reauirements for All Areas:
0
0
0
0
0
Empty wastebaskets / trashcans in the interior of the building and the two
entry ways.
Spot clean all obvious dirt from interior / exterior of canisters.
Remove / dispose of all trash, boxes, and obvious waste located near trash
receptacles.
Sweep / mop clean all epoxy floors.
Spot clean all wall stains and marks.
Dailv Restroom Cleanina / Additional Reauirements:
0
0
0
0
0
0
0
0
Empty trash receptacles and wash, if necessary.
Empty sanitary napkin receptacle and spray with a disinfectant.
Disinfect door handles, partition handles, and light switches.
Clean all dispensers, mirrors, and fixtures.
Clean and disinfect sinks, toilets, toilet seats, and urinals.
Spot clean walls and partitions to remove smudges and graffiti.
Restock all paper products and hand soap.
Sweep and mop floor with disinfectant.
Weekly Concession and Restroom Cleanina / Additional Reauirements:
0
0
0
0
0
Clean / sanitize the outside of all dispensers and trash receptacles.
Polish all dispensers, mirrors, and bright work.
Dust tops of doors, partitions, mirrors, and air vents.
Clean / sanitize restroom partitions, walls around toilets, and urinals.
Wipe clean all partition surfaces and walls.
3.8 Citv Hall tlSt Floor Onlv):
Dailv Reauirements for All Areas:
0
0
0
0
0
0
0
0
0
0
0
Empty wastebaskets / trash cans in the interior of the building and the two
entry ways. Spot clean all obvious dirt from interior / exterior of canisters.
Vacuum carpet floors.
Clean storefront windows, office windows, and all other windows in the
building.
Clean all table and counter surfaces.
Remove and dispose of all trash, boxes, and obvious waste located near
trash receptacles.
Empty and clean all exterior ashtrays and cigarette receptacles.
Sweep and machine clean all tile / vinyl floors.
Spot clean all wall stains and marks.
Spot clean carpeting spots and stains.
Clean and sanitize drinking fountains.
Wipe clean vending machines.
22
Daily Restroom Cleanina / Additional Reauirements:
0 Clean and sanitize all fixture surfaces including under lids, sides, bases,
and backsplashes.
0 Refill all paper products.
0 Refill all soap dispensers.
0
0 Clean all countertop surfaces.
0 Clean all mirrors.
0 Replace deodorizing blocks.
Spot clean stains and marks on partitions.
Daily Kitchen Cleanina / Additional Cleanina:
0
0
Wipe clean all tables, counters, and stainless steel sinks / surfaces.
Wipe clean interior / exterior of microwaves and refrigerators.
Weekly (every Wednesday) Reauirements for All Areas:
0
0
0
Wipe clean all trash cans and wastebaskets.
Wipe clean doors, door jams, and hardware.
Scrub, rinse, spray-buff, and wax all tile / vinyl floor surfaces.
Weekly (every Wednesday) Restroom Cleanina / Additional Reauirements:
Clean / sanitize the outside of all dispensers and trash receptacles.
Polish all dispensers, mirrors, and bright work.
Dust tops of doors, partitions, mirrors, and air vents.
Clean / sanitize restroom partitions, walls around toilets, and urinals.
Wipe clean all partition surfaces and walls.
0
0
0
0
0
Monthly (completed by 7'h of the month) Reauirements for All Areas:
0
0
0 Clean all baseboards.
Dust high ledges, window sills, and vents.
Scrub clean all epoxy floors.
Monthly (completed by 7'h of the month) Kitchen cleanina / Additional Reauirements:
0 Move equipment away from walls and clean walls / floors.
3.9 Golf Clubhouse and Maintenance Barn:
0
0
0
0
0
0
0
0
0
0
0
0
Daily Cleanina Reauirements for All Areas:
Clean horizontal surfaces of desks, credenzas, tables, counters, chairs,
window sills, wall hangings, computer monitors, and filing cabinets.
Empty all trash receptacles and remove bagged trash to a collection point.
Spot clean all obvious dirt from interior / exterior of canisters.
Mop all hard surface floors with chemically-treated mop head to remove
stains or spillage marks.
Vacuum all carpeted interior / exterior areas.
Clean storefront windows, office windows, and all other windows in the
buildings.
Remove / dispose of all trash, boxes, and obvious waste located near trash
receptacles.
Empty and clean all exterior ashtrays and cigarette receptacles.
Spot clean all wall stains and marks.
Spot clean carpeting spots and stains.
Clean and sanitize drinking fountains.
Wipe clean vending machines.
23
Dailv Restroom Cleanina / Additional Reauirements:
fixtures, bases, and backsplashes.
0 Clean and sanitize all fixture surfaces including under lids, sides of
0 Refill all paper products.
0 Refill all soap dispensers.
0
0 Clean all countertop surfaces.
0 Clean all mirrors.
0 Replace deodorizing blocks.
Spot clean stains and marks on partitions.
Weekly Reauirements for All Areas:
0
0
0
0
Wipe clean all trash cans, wastebaskets, and trash receptacles.
Wipe clean doors, door jams, and hardware.
Wipe clean all telephone receivers and bases.
Thoroughly mop all hard surface floors.
Monthlv Reauirements for All Areas:
Thoroughly clean all vertical surfaces of office furniture, including desks,
tables, chairs, etc.
Wipe clean all doors, door jams, baseboards, and hardware.
Polish office furniture, desks, and shelves.
0
0
0
3.10 Public Works Complex:
Dailv Reauirements for All Areas:
0 Empty wastebaskets / trash cans in the interior of the building and the two
entry ways. Spot clean all obvious dirt from interior / exterior of canisters.
0 Vacuum carpet floors.
0 Clean storefront windows, office windows, and all other windows in the
building.
0 Clean all table and counter surfaces.
0 Remove and dispose of all trash, boxes, and obvious waste located near
trash receptacles.
0 Empty and clean all exterior ashtrays and cigarette receptacles.
0 Sweep and clean all tile floors.
0 Spot clean all wall stains and marks.
0 Spot clean carpeting spots and stains.
0 Clean and sanitize drinking fountains.
0 Wipe clean vending machines.
Dailv Restroom Cleanina / Additional Reauirements:
fixtures, bases, and backsplashes.
Clean and sanitize all fixture surfaces including under lids, sides of
0 Refill all paper products.
0 Refill all soap dispensers.
0
0 Clean all countertop surfaces.
0 Clean all mirrors.
0 Replace deodorizing blocks.
Spot clean stains and marks on partitions.
Dailv Kitchen Cleanina / Additional Reauirements:
0
0
Wipe clean all tables, counters, and stainless steel sinks I surfaces.
Wipe clean interior / exterior of microwaves and refrigerators.
24
Weeklv Reauirements for All Areas:
Wipe clean all trash cans and wastebaskets.
Wipe clean doors, door jams, and hardware.
Monthlv Reauirements for All Areas:
Clean all baseboards.
Dust high ledges, window sills, and vents.
Wipe clean all ventilation system vents and returns.
Scrub, rinse, spray-buff, and wax all vinyl tile surfaces.
4.0 EVALUATION AND AWARD CONSIDERATIONS
4.1 EVALUATION CRITERIA POINTS ASSIGNED:
The City will evaluate all proposals received based on the RFP specifications.
Proposals shall be evaluated to determine which Proposal best meets the needs of
the City based on the RFP evaluation criteria stated herein. Award will be based
on certain objective and subjective considerations, including, but not necessarily
limited to:
la) Balanced ProDosal Pricina/Rates. 0-15
(bl List of EauiDment and Named Staff, with Current Term of
EmDlovment. Available to Perform Janitorial Services. 0-25
(Based solely on equipmentktaff lists submitted w/RFP package)
(c) Current References / Satisfied Clients 0-25
(Based on site visit(s) and/or confirmed references)
/dl ProDer Licenses and Permits. 0-05
(Based solely upon copies with RFP submittal)
le) Evidence of Proper Insurance. 0-05
(Based solely upon certificates with RFP submittal)
lfl Contractor's abilitv to perform the contract with aualitv assurance,
emDlovment Dolicies/benefits. backaround checks, traininq
proarams. and controlled suDervision 0-25
100 maximum
SELECTION PROCESS:
Proposals received by submittal deadline will be reviewed by the Purchasing Agent
to determine if each Proposer has submitted the required information. Those
Proposal(s) found to be non-responsive shall be rejected from further
consideration.
Responsive Proposals shall be referred to the Selection Committee for evaluation.
The Selection Committee Members shall independently review and score every
Proposal in its entirety and shall meet as a group to discuss award
recommendation.
25
The scoring will be based on all factor(s) as identified in the Evaluation Criteria,
and all other pertinent data submitted. A grand total score shall be computed by the
adding each Selection Committee Members score together. The firm with the
highest grand total shall be the award recommendation.
Successful proposer awarded shall ensure that proper and sufficient staff,
equipment, organization, etc. will be provided for this contract to meet the
specifications denoted herein at a paramount level.
5.0 INSTRUCTIONS TO PROPOSERS / REQUIREMENTS OF PROPOSAL:
All proposals must be submitted as specified on the proposal pages which follow. Any attachments
must be clearly identified. To be considered, the Proposer must respond to all parts of the RFP. Any
other information thought to be relevant, but not applicable to the enumerated categories, should be
provided as an appendix to the proposal(s). If publications are supplied by the Proposer to respond to
a requirement, the response should include reference to the document number and page number.
This will provide quick reference for the evaluation committee. Proposals not providing this reference
will be considered to have no reference material included in the additional documents.
PreSubmittal Conference: Attendance is non-mandatory but attendance is encouraged for those
intending to submit RFP package. The conference is to be held on Fridav, A~ril 6. 2007. at 9:00
9.m. at the Citv of Palm Beach Gardens Council Chambers. 10500 North Militarv Trail, Florida
3341 0.
All proposals must be received by the City Clerk's Office on Monday, April 23, 2007, at 2:OO P.M. as
specified in this RFP.
All proposals to be addressed to:
City of Palm Beach Gardens
City Clerk's Office
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
The proposal shall be signed by a representative who is authorized to contractually bind the
Contractor.
PROPOSERS MUST SUBMIT ONE (I) IDENTIFIED ORIGINAL RFP PACKAGE PLUS SIX (6)
COPIES.
All questions are to be answered in full, without exception. If copies of other documents will
answer the question completely, they may be attached and clearly labeled. If additional
space is needed, additional pages may be attached and clearly labeled.
The City of Palm Beach gardens shall be entitled to contact each and every
person/company listed in response to this questionnaire. The proposer, by completing this
questionnaire, expressly agrees that any information concerning the proposer in
possession of said entities may be made available to the City.
Only complete and accurate information shall be provided by the proposer. The proposer
hereby warrants that, to the best of its knowledge and belief, the responses contained
herein are true, accurate, and complete. The proposer also acknowledges that the City is
relying on the truth and accuracy of the responses contained herein. If it is later discovered
that any material information given in response to a question was provided by the proposer,
knowing it was false, it shall constitute grounds for immediate disqualification, termination,
or rescission by the City of any subsequent agreement between the City and the proposer.
26
If there are any questions concerning the completion of this form, the proposer is
encouraged to contact Arthur DeRostaing, Purchasing Agent / facsimile: (561) 799-4134 or
e-mail: aderostaing@pbafl.com
27
RFP #2007-003
SUBMITTAL FORM
JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS
DUE DATE b TIME: April 20,2007, at 2 p.m.
PROPOSER TO COMPLETE THE FOLLOWING:
To:
The City of Palm Beach Gardens
Community Services Department l Purchasing
10500 North Military Trail
Palm Beach Gardens, Florida 33410
(Vendor)
agrees to supply the JANITORIAL SERVICES as defined in this RFP in accordance with the
requirements of the Specifications and RFP Documents.
Ladies l Gentlemen:
The undersigned ProposerlBidder has carefully examined the Specification requirements,
RFPlContract 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 provide the Janitorial Service called for by the Specifications and
RFPlContract Documents, in the manner prescribed therein and to the standards of quality
and performance established by the City for the unit prices stated in the spaces herein
provided.
The undersigned agrees the right of the City to hold all Proposers and RFP guarantees for a
period not to exceed one hundred twenty (120) days after the date of RFP opening stated in
the Request for Proposals #2007-003.
The undersigned accepts the invoicing and payment policies.
Upon award of this RFP the City and Contractor each binds himself, his partners,
successors, assigns and legal representatives to the other party hereto in respect to all
covenants, agreements and obligations contained in the RFP Documents.
The Contractor, by signing the RFP Submittal pages, acknowledges and agrees to abide by
all the terms, conditions and specifications contained in this RFP Document.
28
JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS
RFP #2007-003
MONTHLY RATES PER LOCATION I TOTAL WEEKLY HOURS REQUIRED
Monthly pricing shall include all labor and equipment necessary to accomplish the task as outlined.
The City will not provide any equipment except the floor machines located at the Burns Road
Community Center. Those pieces of equipment shall not be moved from their locations to be used in
other areas.
Any consumable material needed for the firms’ equipment is to be provided by the firm. This includes
but is not limited to buffing pads, wax, stripper, rags, mop heads, etc.
All costs for related materials, equipment, labor, etc., required in completing the “Janitorial
Services” “WITHOUT” providing paper, plastic, and cleaning supplies shall be included in the
monthly unit prices.
All costs for related materials, equipment, labor, etc., required in completing the “Janitorial
Services” “WITH” providing paper, plastic, and cleaning supplies (AS AN ADDITIONAL
SERVICE) shall be included in the monthly unit prices. “MSDS” lists will be required to be
posted and maintained at all specified locations.
The “WITH” OR “WITHOUT” supplies (providing paper, plastic, and cleaning supplies) are
provided as alternate bids that can be picked and chosen at each location as required by the
Facilities Manager.
Paper Product Dispensers that are in place were provided bv Florida Sanitarv Services. A
different paper product vendor must provide and install new dispensers. The hand soap
dispenser is foam soap provided bv Florida Sanitarv Services or from a vendor in which the
product specifications are approved bv the Facilities Manaaer.
* Location I Service Tvpe Monthlv Rate
1. Burns Road Recreational Center:
Janitorial Services without suwlies $ Month
Janitorial Services with supplies provided $ Month
2. Parks Division Buildinq:
Janitorial Services without suDDlies
Janitorial Services with supplies provided
3. Various Park Concession I Restroom Sites-
Gardens Park, Klock Soccer Field, Plant Drive,
Lilac Ball Field and Lake Catherine:
Janitorial Services without supplies
Janitorial Services with supplies provided
$ Month
$ Month
$ Month
$ Month
29
4. City Hall (First Floor Only):
Janitorial Services without supplies $ Month
Janitorial Services with supplies provided $ Month
5. Golf Clubhouse and Maintenance Barn:
Janitorial services without supplies $ Month
Janitorial Services with supplies provided $ Month
6. Public Works Complex:
Janitorial Services without supplies $ Month
Janitorial Services with supplies provided $ Month
* TOTALS (LINE ITEMS #I to #6 - All Locations)
JANITORIAL SERVICES WITHOUT SUPPLIES: $ Total Monthly Rate
JANITORIAL SERVICES WITH SUPPLIES: $ Total Monthly Rate
OPTIONAL SERVICES I IF REQUIRED:
Carpet Steam Cleaning Services:
Waxing Services For Vinyl Floors:
$ Square Foot
$ Square Foot
* All cleaninn locations are subject to change at anytime.
"*SIGNATURE PAGE TO FOLLOW"*
30
JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS
RFP #2007-003
MONTHLY RATES PER LOCATION
SIGNATURE PAGE
Dated this day of
(Month) (Year)
By: I
(Signature) (Print name)
Address :
Telephone: ( ) Fax: ( )
Social Security Number (OR) Taxpayer Identification Number (TIN):
%ORPc)RATCl
By: I
(Signature) (Print name)
Address:
Telephone: ( ) Fax: ( )
Taxpayer Identification Number (TINIEIN):
State Under Which Corporation Was Chartered:
Corporate President:
(Print Name)
Corporate Secretary:
(Print Name)
Corporate Treasurer:
(Print Name)
CORPORATE SEAL
Attest By:
Secretary
31
VENDOR’S SERVICE REPRESENTATIVE CONTACT INFORMATION:
The following individuals are the designated contacts assigned to the City of Palm Beach
Gardens:
REGULAR WORK HOURS:
Name:
Address:
Telephone: L)
AFTER WORK HOURS, WEEKEND & HOLIDAYS:
Name:
Address :
Telephone: L)
32
REFERENCES:
As specified in the Special Conditions of this Bid Document, Bidders are to present the
details of a minimum of five (5) references of similar work.
(Additional references may be submitted on a separate sheet)
Address:
Contact Name:
Phone: Fax:
I I
Contact Name:
Contact Name:
Phone: Fax:
33
SERVICE CONTRACTS EXPERIENCE:
As specified in the Special Conditions of this Bid Document, Bidders are to present the details
of service contract experience. It is mandatory that all service contracts for governmental
entities be included (Additional contracts may be submitted on a separate sheet in this format)
CONTRACTING COMPANY NAME, ADDRESS, CITY,
STATE, ZIP
PHONE & FAX NUMBER
rr
1. Company Name:
Address :
Contact Name:
Phone: Fax:
2. Company Name:
Contact Name:
Phone: Fax:
3. Company Name:
Contact Name:
Phone: Fax:
4. Company Name:
Contact Name:
Phone: Fax:
BRIEF DESCRlPTl
2.
4.
34
LIST OF EQUIPMENT I EMPLOYEES AVAILABLE FOR THIS CONTRACT:
List all equipment, names of employees, and date of employment to be dedicated to the
Janitorial Services requirements listed in this RFP document.
Additional equipmentlemployees may be submitted on a separate sheet in this format.
EQUIPMENT I
NUMBER OF UNITS AVAILABLE
NAMES OF EMPLOYEES & DATE OF EMPLOYMENT
ASSIGNED TO OPERATE THIS EQUIPMENT I
PROVIDE SERVICES
1. t 1
2.
I
4.
5.
9.
I
IO. I
Total number of current employees, with the average years
of employment with your firm, that will be utilized for this
proposed contract:
Will Your Company Hire Additional Permanent Employees for this Contract? (Circle One) YES NO
35
QUESTIONNAIRE:
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a CorDoration. answer this:
When Incorporated:
In what State:
If Foreiqn Corporation:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice President's Name:
Treasurer's Name:
Members of Board of Directors:
If a PartnershiD:
Date of Organization:
General or Limited Partnership*:
Name and Address of Each Partner:
Name Address
1.
2.
*Designate general partners in Limited Partnership
36
1.
2.
3.
4.
5.
6.
7.
Number of years of relevant experience in operating similar business-
Have any similar agreements held by proposer, for a similar project to the proposed project,
ever been canceled?
If yes, give details on a separate sheet.
Has the proposer or any principals of the applicant organization failed to qualify as a
responsible proposer, refused to enter into a contract after an award has been made, failed
to complete a contract during the past five (5) years, or been declared to be in default in
any contract in the last five (5) years?
If yes, please explain:
Has the proposer or any of its principals ever been declared bankrupt or reorganized under
Chapter 11 or put into receivership?
If yes, give date, court jurisdiction, action taken, and any other explanation deemed
necessary.
Person or persons interested in the RFP and Questionnaire Form - (have) - (have
not) been convicted by a Federal, State, County or Municipal Court of any violation of law,
other than traffic violations. To include stockholders over ten percent (1 0%).
Explain any convictions on a separate sheet.
Lawsuits pending or completed involving the corporation, partnership, or individuals with
more than ten percent (1 0%) interest:
A. List all pending lawsuits:
B. List all judgments from lawsuits in the last five years:
C. List any criminal violations and/or convictions of the proposer and/or any of its
principals:
Conflicts of Interest. The following relationships are the only potential, actual or perceived
conflicts of interest in connection with this proposal: (If none, so state).
The proposer understands that information contained in this Questionnaire will be relied upon by
the City of Palm Beach Gardens in awarding the proposed Agreement and such information is
warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional
information, prior to acceptance of any proposal relating to the qualifications of the proposer, as
may be required by the City Manager.
37
The proposer further understands that the information contained in this questionnaire may be
confirmed through a background investigation conducted by the Palm Beach SheMs Deparfment.
By submitting this questionnaire, the proposer agrees to cooperate with this investigation, including
but not necessarl/y limited to fingerprinting and providing information for credit check.
I certify that the information and responses provided on this Questionnaire are true, accurate and
complete. The City of Palm Beach Gardens or its representatives may contact any entity or
reference listed in this Questionnaire. Each entity or reference may make any information
concerning the Contractor available to the City.
Dated ,2007
By: I
(Signature) (Print name)
Address:
Telephone: ( ) Fax: ( )
Social Security Number (OR) Taxpayer Identification Number (TIN):
By: I
(Signature) (Print name)
Address:
Telephone: ( ) Fax: ( 1
Taxpayer Identification Number (TINIEIN):
State Under Which Corporation Was Chartered:
38
Corporate President:
(Print Name)
Corporate Secretary:
(Print Name)
Corporate Treasurer:
(Print Name)
CORPORATE SEAL
Attest By:
Secretary
39
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more Proposals which are equal with respect to price, quality, and service are received by the City
for the procurement of Janitorial Services for Municipal Buildings, a 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 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 these Janitorial Services for Municipal Buildings
that are under Proposal a copy of the statement specified in subsection (1).
In the statement specified in subsection (I), notify the employees that, as a condition of
working on the Janitorial Services For Municipal Buildings that are under Proposal, 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 siqn the statement, I certify that this firm complies fully with the above
reauirements.
Corporation Name:
Signature:
Print Name:
E-mail Address:
40
STATEMENT OF “NO BID”
RFP #2007-003 / JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS
If you are not bidding / proposing on these services, please complete and return this form to:
City of Palm Beach Gardens City Clerk’s Office, 10500 N. Military Trail, Palm Beach Gardens, FI.
33410 - Att’n: Arthur DeRostaing, CPPB / Purchasing Agent or fax to (561) 799-4134.
Failure to respond may result in deletion of vendor’s name from the qualified bidder’s /
proposer’s list for the City of Palm Beach Gardens.
COMPANY NAME:
TELEPHONE: ( )
SIGNATURE:
DATE:
Minority-Owned Business:
( )Black ( )Hispanic ( )Woman ( )Other
(Specify)
We, the undersigned, have declined to bid / propose on your RFP #2007-003 I Janitorial Services for Municipal
Buildings due to:
- Specifications too “tight”, i.e., geared toward brand or manufacturer only (explain below)
- Our product & I or service schedule would not permit us to perform
- Unable to meet specifications
- Insufficient time to respond to this RFP
- Unable to meet bond requirements
- We do not offer this product or an equivalent
- Specifications unclear (explain below)
- Other (specify below)
REMARKS:
41
PROPOSAL CHECK LIST
YES- NO- 1. Copy of appropriate license(s) and permit(s)
YES- NO- 2. Proof of ability to obtain insurance or sample certificate
YES- NO- 3. RFP Monthly Rates per Location l Total Weekly Hours ...
YES- NO- 4. RFP forms signed / completed by an authorized representative
YES- NO- 5. Service Representative contact information
YES- NO- 6. References with phone & fax numbers
YES- NO- 7. List of Service Contracts Experience
YES- NO- 8. Equipment l Employee List
YES- NO- 9. RFP prepared with one (1) original and six (6) copies
YES- NO- IO. Cashier’s Check $500.00 (“bid bond”)
The blank spaces in the RFP Submittal Form must be filled in, and no change shall
be made either in the phraseology of or in the items mentioned in the RFP Submittal
Form. A vendor must proposelbid on complete sections of this RFP. Sections will
not be subdivided for award. Any RFPlbid containing a “NO BID” or no response in
any portion of a section will not be considered for that section award.
42
Date Prepared: June 21,2007
Resolution 68, 2007
EXHIBIT B
GERMAN’S MAINTENANCE SERVICE, INC.
JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS
RFP #2007-003
MONTHLY RATES PER LOCATION I TOTAL WEEKLY HOURS REQUIRED
Monthly pricing shall include all labor and equipment necessary to accomplish the task as outlined.
The City will not provide any equipment except the floor machines located at the Burns Road
Community Center. Those pieces of equipment shall not be moved from their locations to be used in
other areas.
Any consumable material needed for the firms’ equipment is to be provided by the firm. This includes
but is not limited to buffing pads, wax, stripper, rags, mop heads, etc.
All costs for related materials, equipment, labor, etc., required in completing the “Janitorial
Services” :‘&‘JT&O’rs providing paper, plastic, and cleaning supplies shall be included in the
monthly unit prices.
All costs for related materials, equipment, labor, etc., required in completing the “Janitorial
Services” :VVLTK providing paper, plastic, and cleaning supplies (AS AN ADDITIONAL
SERVICE) shall be included in the monthly unit prices. “MSDS” lists will be required to be
posted and maintained at all specified locations.
The ;-W!’kf: OR ;-Kl-Ag?-l:C: .;upplies (provirlin!j pap:t plastic, and cleatiiny supplies) ale
provided as alternate bids that: czn be ptckcxi arrd cliuwn ut each loaatiott as tcquii-et1 by tho
Facilities Manager’.
Paper Product Dispensers that are in place were provided bv Florida Sanitarv Services. A
different paper product vendor must provide and install new dispensers. The hand soap
dispenser is foam soap provided by Florida Sanitary Services or from a vendor in which the
product specifications are approved bv the Facilities Manaqer.
* Location I Service Type Monthly Rate
I ..,-?,Road Rscreational Center:
Janitorial Services withog supplies
Janitorial Services wif_h_supplies provided
$8.855.00 Month
$14,190.00 Month
2 ., &i~k~D,@@.~~~lfi,~;
Janitorial Services yikvik.loug supplies
Janitorial Services supplies provided
$~o.~ Month
$J&&QQ-Mon t h
3.Variqus Park Concession I Hestr-uo_m_$&Kel
--”^.- Gardens --- Pa I’ k, K lac k Soccer F ie~,LP~~P>~.Qj~ v.,
I__ Lilac Ball Field ~ and ---. Lake Cathcriiw:
Janitorial Services without supplies
Janitorial Services with supplies provided
$2,ZClO.00 Month
$7,840.00 Month
29
Janitorial Services !vigj supplies prov.Jed
5,;
Janitorial Services \~/if(z~$ supplies
Janitorial Services ~v!! supplies provided
$ 1,220.00 Month
$ 3,064.00 Month
I; I-'111?l~C.w-~rkBC-~~~?~~~~
Janitorial Services \NitimQj supplies $ 965.00 Month
Janitorial Services wig1 supplies provided $2,495.00 Month
* TOTALS (LINE ITEMS #I to #6 - All Locations)
$17,430.00 Total Monthly Rate /" JANITORIAL SERVICES WiTkiQU[ SUPPLIES:
JANITORIAL SERVICES FVlTfj SUPPLIES: $34&74.00 Total Monthly Rate
OPTIONAL. SERVICES / IF REQUIRED:
Carpet Steam Cleaning Services: $ 0.3 SquareFoot
Waxing Services For Vlnyl Floors:
* All cleaninq locations are subject to change at anvtime.
$ 0.3
****SIGNATURE PAGE TO FOLLOW****
30
JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS
RFP #2007-003
MONTHLY RATES PER LOCATION
SIGNATURE PAGE
Dated this day of
(Month) (Year)
INDIVIDUAL, F1RM.d
By: I
(Signature) (Print name)
Address :
Telephone: ( ) Fax: (-)
Social Security Number (OR) Taxpayer Identification Number (TIN):
German Ramirez
(Print name)
Address: 185 Indian Creek Parkway, #IO6
Jupiter, FL 33458
Telephone: ( 561 ) 373-8457 Fax: m) 427-7960
Taxpayer identification Number (TINIEIN): 20-244391 7
State Under Which Corporation Was Chartered: Florida
Corporate President: German RamiY32z
(Print Name)
Corporate Secretary: German
Corporate Treasurer: German
(Print Name)
(Print Name)
31
VENDOR’S SERVICE REPRESENTATIVE CONTACT INFORMATION:
The following individuals are the designated contacts assigned to the City of Palm Beach
Gardens:
REGULAR WORK HOURS:
N~~~: German Ramirez
Address: 185 Indian Creek Parkway, #106, Jupiter, EX 33458
Telephone: (561) 373-8457
AFTER WORK HOURS, WEEKEND & HOLIDAYS:
Name: German Ramirez
Address:
Telephone: 15611 373-8457
185 Indian Creek Parkway, #106, Jupiter, FL 33458
32
REFERENCES:
As specified in the Special Conditions of this Bid Document, Bidders are to present the
details of a minimum of five (5) references of similar work.
(Additional references may be submitted on a separate sheet)
COMPANY NAME, ADDRESS, CITY, STATE, ZIP
PHONE & FAX NUMBER
Company Name:
Princeton Building (Sami Sehayik)
Address: 345 Jupiter Lakes Boulevard
(30,000 square feet)
Jupiter, FL
Contact Name:
Sami Sehayik
Phone: Fax: 561 -627-3327 561 -627-3288
Company Name: OB/GYN Specialists of the Palm Beaches
1515 North Flasler Avenue. Suite 700
(18,000 square feet)
West Palm Beach, E% 33401
Contact Name: cos costa
Phone: Fax: 561 -741 -1 957 561 -802-5385
Company Name:
OB/GYN Specialists of the Palm Beaches
200 Jupiter Lakes Boulevard, Suite 345
Jmiter. FL 33458
(6,500 square feet)
Contact Name:
~~ ~ Phone: Fax:
56G-238-0928 561 -842-2946
Company Name:
Perinatal Specialists of the Palm Beaches
3401 EGA Boulevard, Suite 320
(6,300 square feet)
Palm Beach Gardens, FL 33418
Contact Name: rn: t=F-.-.. A l. L LCU Ly
Phone: Fax: 561 -626-3800 561 -802-5351
33
German’s Maintenance Service, Inc.
REFERENCES, CONTINUED:
(1) Company Name: OB/GYN Specialists of the Palm Beaches
Address: 3401 PGA Boulevard, Suite 330
Palm Beach Gardens, FL 3341 8
(6,000 square feet)
Contact Name: Ivette
Phone: (561) 741-1957 Fax: (561) 802-5351
(2) Company Name: American Tax Funding (5,000 square feet)
Address: 345 Jupiter Lakes Boulevard, Suite 300
Jupiter, FL 33458
Contact Name: Jennifer
Phone: (561) 842-2955 Fax: (561) 842-2946
(3) Company Name: Reproductive Associates (IVF Florida) (4,500 square feet)
Address: 10887 North Military Trail, Suite 8-9
Palm Beach Gardens, FL 3341 8
Contact Name: Helen
Phone: (954) 247-6200 Fax: (561) 775-9226
(4) Company Name: OB/GYN Specialists of the Palm Beaches
Address: 8 1 88 Jog Road, Suite 203
Boynton Beach, FL 33467
(4,000 square feet)
Contact Name: Maria Vargas
Phone: (561) 626-3800 Fax: (561) 624-6364
(5) Company Name: Roni Sehayik MD PA
Address: 1983 PGA Boulevard, Suite 105
Palm Beach Gardens, FL 33404
Contact Name: Roni Sehayik
Phone: (561) 627-3327 Fax: (561) 627-3288
1
(3,500 square feet)
SERVICE CONTRACTS EXPERIENCE:
As specified ln the Special Conditions OF this Bld Document, Bidders are to present the detalls
of service contract experience. It is mandatory that all servlce contracts for governmental
entities be included (Additional contracts may be submitted on a separate sheet in this format)
Jupiter, 33458
Contact Name: 1 .. - JSie
Phone: FaX:
I 2003 to Present I
I Jupiter, Florida 1345 Jupiter Lakes Bl., Suite 300
Contact Name:
!%!%6-3800 ance of 4,300 sf.
Maria Vargas bulbs and total offloe mainten-
F y61-624-6364
34
LIST OF EQUIPMENT / EMPLOYEES AVAILABLE FOR THIS CONTRACT:
List all equipment, names of employees, and date of employment to be dedicated to the
Janitorial Services requirements listed in this RFP document.
Additional equipmentlemployees may be submitted on a separate sheet, in this format.
EQUIPMENT / NAMES OF EMPLOYEES & DATE OF EMPLOYMENT
ASSIGNED TO OPERATE THIS EQUIPMENT I NUMBER OF UNITS AVAILABLE 1
1. Please see list immedictely following this page.
2.
3.
4.
6.
~ 7.
8.
9.
I IO.
Total number of current employees, with the average years
of employment with your firm, that will be utilized for this
proposedcontract: 9 @ 1-2 years
@ NO
Will Your Company Hire Additional Permanent Employees for this
Contract? (Circle One)
I I 1 J
35
List of Equipment / Employees Available For This Contract
Equipment / Number of Units Available
1.
2.
3.
4.
5.
6.
7.
8.
9.
Floor buffing machine: (2) Units
Strip & Wax Machinery: (2) Unit
Wax applicator system: (2) Units
Carpet cleaning machine: (2) Units
Carpet Extractor: (2) Units
Commercial cleaning vacuums: (20) Units
Wave brake mop buckets: (20) Units
Mop Handles: (34) Units
Chemical Bucket Holder (26) Units
10. Micro fiber Cloths: (100) Units
11. Dust Pan / Broom: (20) Units
12. Brute garbage can 50 gallon: (24) Units
13. Spray Bottles: (100) Units
14. Safety Equipment: (20) Units
15. Any additional equipment need we rent from Aldrich tool rental, united rental,
and J.r rental.
16. Any additional equipment needed we also have the funds to purchase or lease
from many companies.
List of Equipment / Employees Available for This Contract: 9 including 1
supervisor.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Names of Employees with Dates of Hire to be Assigned to this Contract
German Ramirez
Able to operate items 1 through 16
Jesus Mencia September 4,2006
Assigned to operate items 1 through 16
Gustavo Zuniga March 17,2007
Assigned to operate items 1 through 16
Pedro Contraras March 6,2007
Assigned to operate items 1 through 16
Rodrigo Martinez March 5,2007
Assigned to operate items 1 through 16
Rosa Mencia September 4,2004
Assigned to operate items 6 through 16
Martha Washington February 4,2007
Assigned to operate items 6 through 16
Ines Poez March 5,2007
Assigned to operate items 6 through 16
Alejandro Ramirez April 1,2007
Assigned to operate items 6 through 16
October 1 5,200 1
Total number of current employees: 9
Intend to hire additional 5 - 6 employees for this and other efforts.
I
QUESTIONNAIRE:
Proposer's Name: German's Maintenance Service, BIG.
Official Representative: German mrez
Individual
Partnership (Circle One)
Corporation
If a Corporation, answer this:
When Incorporated:
In what State:
If Foreian CorDoration:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
March 4. 2005
Florida
March 4, 2005
German Rainirez
185 Indian Creek Parkway, @106, Jupiter, EL 33458
President's Name:
Vice President's Name:
Treasurer's Name:
German Ramirez
German Ramirez
German Fkmirez
Members of Board of Directors:
If a Partnership:
Date of Organization:
General or Limited Partnership':
Name and Address of Each Partner:
Name Address
1.
2.
*Designate general partners in Limited Partnership
36
1.
2.
3.
4.
5.
6.
7.
Number of years of relevant experience in operating similar business:L
Have any similar agreements held by proposer, for a similar project to the proposed project,
ever been canceled?
If yes, give details on a separate sheet.
Has the proposer or any principals of the applicant organization failed to qualify as a
responsible proposer, refused to enter into a contract after an award has been made, failed
to complete a contract during the past five (5) years, or been declared to be in default in
any contract in the last five (5) years? No
If yes, please explain:
Has the proposer or any of its principals ever been declared bankrupt or reorganized under
Chapter 11 or put into receivership? N~
If yes, give date, court jurisdiction, action taken, and any other explanation deemed
necessary.
Person or persons interested in the RFP and Questionnaire Form - (have) (have
not) been convicted by a Federal, State, County or Municipal Court of any violation of law,
other than traffic violations. To include stockholders over ten percent (10%).
Explain any convictions on a separate sheet.
Lawsuits pending or completed involving the corporation, partnership, or individuals with
more than ten percent (10%) interest: None
A. List all pending lawsuits:
B. List all judgments from lawsuits in the last five years:
C. List any criminal violations andlor convictions of the proposer andlor any of ,its
principals:
Conflicts of Interest. The following relationships are the only potential, actual or perceived
conflicts of interest in connection with this proposal: (If none, so state). None
The proposer understands that information contained in this Questionnaire will be relied upon by
the City of Palm Beach Gardens in awarding the proposed Agreement and such information is
warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional
information, prior to acceptance of any proposal relating to the qualifications of the proposer, as
may be required by the City Manager.
37
The proposer further understands that the information contained in this questionnaire may be
confirmed through a background investigation conducted by the Palm Beach Sheriff's Depadment.
By submitting this questionnaire, the proposer agrees to cooperate with this investigation, including
but not necessarily limited to fingerprinting and providing information for credit check.
I certify lhat the information and responses provided on this Questionnaire are true, accurate and
complete. The City of Palm Beach Gardens or its representatives may, contact any entity or
reference listed in this Questionnaire. Each entity or reference may make any information
concerning the Contractor available to the City.
Dated *Pri1 *O ,2007
:IQDIWIDUAL, FIRM OR PARTNERSHIP
By: I
(Signature) (Print name)
Ad dress:
Telephone: ( ) Fax: ( )
Social Security Number (OR) Taxpayer Identification Number (TIN):
By: r- Gem Ramirez
(Sign at u re) (Print name)
Address: 185 Indian Creel< Parkway, #I06
Jupiter, ??L 33458
Telephone: ( 561 ) 373-8457 Fax: ( 561 ) 41 7-7960
Taxpayer Identification Number (TINIEIN): 20-244391 7
State Under Which Corporation Was Chartered:
38
Corporate President: German (Print Name)
German Ramirez Corporate Secretary: (Print Name)
German Ramirez Corporate Treasurer: (Print Name)
CORPORATE SEAL
Attest
I
By:
39
DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more Proposals which are equal with respect to price, quality, and service are received by the City
for the procurement of Janitorial Services for Municipal Buildings, a 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 Proposals will be
followed if none of the tied vendors have a drug-free workplace program. In ordei to have a drug-
free workplace program, a business shall:
1. 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.
2. 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.
3. Give each employee engaged in providing these Janitorial Services for Municipal Buildings
that are under Proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (I), notify the employees that, as a condition of
working on the Janitorial Services For Municipal Buildings that are under Proposal, 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.
5. 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.
6. Make a good-faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the Person authorized to siqn the statement. I certify that this firm comolies fullv with the above
reauirements.
E-mail Address: gms. inc@hotmail . corn
40
City of Palm Beach Gardens
The following addendum responds to the questions and statements given at the non-
mandatory pre-submittal conference I tour held on Monday, April 9,2007.
Addendum #I
Questlon: What Is involved in the quality control program?
Answer: Measuring cleaning standards by the Public Works Facilities Manager through route inspections.
These cleaning standards are to comply with the City of Palm Beach Gardens requirements defined in the
RFP #2007-003 documents.
Question: Are various cleaning rates involved where different types of floors per location are involved?
Answer: No. Co-mingled your cost factors in order to establish your monthly rates per location as listed on
pages 29 - 30 of the RFP solicitation.
Question: Is "...machine clean ..." and "gymnasium" under bullet #7 I page 21 applicable for the Parks
Division Building"?
Answer: No. Delete '...machine clean ..." and "gymnasium". This specific Parks Division Building daily
requirement does not amly.
Question: Under Golf Maintenance Barn*, Section 3.2, it states cleaning for "...Tuesday and Friday only."
Do these two (2) days apply to the janitorial supplies provided per month rate on line item #5 I pg. 301
Answer: No - The ianitotial suDDlies provided for this sDecific location* should account for seven davs Der
week of usage inventorv.
Question: Will the contracted awardee be required to provide janitorial supplies for 'Special Events"?
Answer: No. The City of Palm Beach Gardens will provide janitorial supplies for "Special Events".
Statement: Pridng comparisons - Please clarify.
Answer: This not a 'BID solicitation. It is a "REQUEST FOR PROPOSALS" in which balanced proposal
pricing and rates account for 15% of a potential 100% maximum score (Please reference Section 4.1).
Question: Can other vendors I supplies be utilized?
Answer: Yes but with the prior approval of the Public Works Facilities Manager.
Questlon: Do company vehicles require visual identification?
Answer: No but the awarded contractor's personnel shall wear a "clearance tag". (Please reference Section
2.21 - Criminal Background Cheyk I Screening Requirements). . 1
P1-
Sbdre of Proposer Acknowledqinq Receipt of Addendum #1
$E8
City of Palm Beach Gardens
Arthur DeRostalng, CPPB
Purchasing Agent
Aprll 9,2007
1
Date Prepared: June 21, 2007
Resolution 68, 2007
EXHIBIT C
JANITORIAL S ERVlC ES AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Palm Beach
Gardens, a Florida municipal corporation (“CityJJ), and German’s Maintenance Service, Inc., a
Florida corporation (hereafter referred to as “Contractor”), whose address is 185 Indian Creek
Parkway, #I 06, Jupiter, Florida 33458.
WHEREAS, the City desires to retain the services of the Contractor to provide
janitorial services for municipal buildings in accordance with the City’s Request for Proposal
dated March 23, 2007, RFP Number 2007-003, and the Contractor’s response thereto, all of
which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter
set forth, the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF RFP
The terms and conditions of this Agreement shall include and incorporate the terms,
conditions, and specifications set forth in the City’s Request for Proposal for Janitorial
Services for Municipal Buildings dated March 23, 2007, RFP Number 2007-003 (“RFP”), and
the Contractor’s Response to the Request for Proposal, including all documentation required
thereunder.
ARTICLE 2. SCOPE OF SERVICES
The Contractor shall perform those services identified in the specifications
accompanying the City’s RFP, which are incorporated herein by reference. All cleaning
locations are subject to change at anytime.
ARTICLE 3. COMPENSATION
The City shall pay to the Contractor the lump sum of $17,430.00 per month for
“Janitorial Services Without Supplies” according to the terms and specifications of the
referenced RFP.
ARTICLE 4. TERM OF AGREEMENT AND EFFECTIVE DATE
The effective date of this Agreement shall be August 1 , 2007.
The initial term of this Agreement shall be for a period from August 1, 2007, to July 31 ,
2008, with the options for contract extensions for additional four (4) one (1) year term periods
subject to the mutual consent of the City and the Contractor, unless otherwise terminated as
provided herein. The City reserves the right to automatically extend any agreement for a
maximum period not to exceed ninety (90) calendar days in order to provide City departments
with continual service and supplies while a new agreement is being solicited, evaluated,
and/or awarded.
ARTICLE 5. INVOICES AND PAYMENT
A. Invoices
The Contractor shall submit invoices to the City on a monthly basis, as set forth in the
Specifications.
B. Pavment
The City shall pay each invoice in accordance with the Florida Prompt Payment Act
(F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act.
ARTICLE 6. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon providing
written notice to the Contractor. This Agreement may be terminated by the Contractor upon
thirty (30) days’ prior written notice to the City. Upon any such termination, the Contractor
waives any claims for damages from such termination, including, but not limited to, loss of
anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay
the Contractor for services rendered through the date of termination in accordance with the
terms of this Agreement.
ARTlC LE 7. IN DEM N IF KAT ION
The Contractor recognizes that it is an independent contractor and not an agent or
servant of the City. In the event a claim or lawsuit is brought against the City, its officers,
employees, servants, or agents relating to or arising out of the Contractor’s performance
under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless
the City, its officers, employees, servants, or agents and to defend said persons from any
such claims, liabilities, causes of action, and judgments of any type whatsoever.
ARTICLE 8. INSURANCE
The Contractor shall meet the insurance requirements fully detailed in the General
Terms and Conditions of the RFP.
ARTICLE 9. CRIMINAL BACKGROUND CHECK / SCREENING
The Contractor agrees to have all of its agents, licensees, invitees, employees,
subcontractors, and material/supplies men submit to a criminal background checkkcreening
in such form and fashion as is acceptable to the City in its sole and unfettered discretion prior
to entering and/or commencing work on the Project referenced herein, regardless of whether
the City has provided the Contractor with a Notice to Proceed. The Contractor shall be
responsible for all such costs associated with such screening and background check. The
City reserves the right, but not the obligation, to preclude any of the above persons or entities
from working on this Project as a result of such screeningkriminal background check
regardless of the results of the screening/background check. The parties hereto recognize
that this Project is sensitive in nature as a result of security concerns; this provision is a
material inducement of the City entering into this Agreement with the Contractor. Nothing
2
herein, however, shall confer any liability on the part of the City as a result of this provision in
the Agreement. Each party who has been screened shall be required to have identification
with a clearance tag before entering the Project. Further, the Contractor shall provide a
roster of all parties to enter or work on the Project and proof of such clearance prior to
entering onto the City’s Project.
ARTICLE IO. MISCELLANEOUS PROVISIONS
A. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid),
return receipt requested, to the following addresses:
As to the City: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
Facsimile: (561 ) 799-41 1 1
with a copy to: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Attn: City Attorney
Facsimile: (561) 799-41 39
As to the Contractor: German’s Maintenance Service, Inc.
185 Indian Creek Parkway, #I 06
Jupiter, Florida 33458
Attn: German Ramirez
Facsimile: (561) 427-7960
B. Entire Aareement. This Agreement constitutes the entire understanding and
agreement between the parties with respect to the subject matter hereof.
C. Bindina Effect. All of the terms and provisions of this Agreement, whether so
expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the
parties and their respective legal representatives, successors, and permitted assigns.
D. Assianabilitv. This Agreement may not be assigned without the prior written
consent of all parties to this Agreement.
E. Severabilitv. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof
shall not be invalidated thereby and shall be given full force and effect so far as possible.
3
F. Governing Law and Venue. This Agreement and all transactions contemplated
by this Agreement shall be governed by, and construed and enforced in accordance with, the
laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of
all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida,
and each party hereby waives whatever its respective rights may have been in the selection
of venue. 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.
G. Headings. The headings contained in this Agreement are for convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or interpretation
of this Agreement.
H. Effective Date. The effective date of this Agreement shall be as of the date it
has been executed by both the parties hereto.
I. Construction. The parties acknowledge that each has shared equally in the
drafting and preparation of this Agreement, and accordingly, no Court or Administrative
Hearing Officer construing this Agreement shall construe it more strictly against one party
than the other, and every covenant, term, and provision of this Agreement shall be construed
simply according to its fair meaning.
J. Attornev’s Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this
Agreement or interpret same, or if any administrative proceeding is brought for the same
purposes, the non-prevailing party pay to the prevailing party reasonable attorney’s fees and
costs, including appellate fees and costs.
K. Eaual Opportunity. The City and the Contractor agree that no person shall, on
the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion,
creed, or age be discriminated against in the performance of this Agreement.
(The remainder of this page left intentionally blank)
4
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereinafter written.
Executed by the City this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
[SEAL]
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
Executed by the Contractor this day of &,le, ,2007.
GERMAN’S MAINTENANCE SERVICE, INC.,
A Florida corporation.
_. - --
L!c~rni re1
WlTN ESS:
BY: /eoNkadb 3w~~
Printed Name:
[CORPORATE SEAL]
Printed Name:
G:\attorney-share\AGREEMENTS\FINAL AGREEMENT-bkgd checks-terminate conv052207 (2).doc
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 14,2007
Meeting Date: July 19,2007
Resolution: 69,2007
SubjectlAgenda Item:
Approve a Master Contractor/Services Agreement with Hickman Community Services, LLC for
roofing supplies and related services following a natural disaster
Dc] Recommendation to APPROVE 1 ] Recommendation to DENY
Reviewed by:
City Attorney 4
Communiiy services
Administrator
Department Administrator
a
City Mafagef
I
Originating Dept:
Michael Morrow
Operations Director
Public Works n
community Services
AdverUsed: NIA
Date:
Paper:
[ X ] Not Required
AJfedkd parties
[ X ] Notified
[ ] Not required
costs: $3
(Total)
$-o-
Current FY
Funding Source:
[ x ] Operating
[ ]Other
Budget Acct#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 69, 2007
Exhibit A: Agreement
[ ]None
Date Prepared: June 21, 2007
Meeting Date: July 19, 2007
Resolution: 69, 2007
BAC KG ROU N D:
During previous hurricane seasons, staff experienced difficulty in obtaining qualified
roofing contractors and suppliers with established pricing via existing contracts. As
a result of this situation, staff has negotiated a contract for roofing supplies and
related services to better assist with any repairs in the event of a disaster.
Hickman Community Services, Inc. currently has an agreement with the Board of
Education of the Wichita (KS) Public Schools on behalf of the U.S. Communities
Governmental Purchasing Alliance (RFP No. 06-40021). By entering into a contract
with Hickman Community Services, Inc., it assures that pricing will not be increased
due to limited supply and demand for roofing materials. In addition, the Federal
Emergency Management Agency (FEMA) promotes the use of pre-disaster
agreements that have established pricing for materials in order for reparations to
occur in a timely manner.
STAFF RECOMMENDATION: Approve Resolution 69, 2007 as presented.
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Date Prepared: June 14, 2007
RESOLUTION 69,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A MASTER
CONTRACTOWSERVICES AGREEMENT WITH HICKMAN
COMMUNITY SERVICES, LLC FOR ROOFING SUPPLIES AND
RELATED SERVICES FOLLOWING A NATURAL DISASTER;
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to contract for roofing supplies and related services
following a natural disaster, such as a hurricane; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback” an agreement awarded to another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City wishes to enter into a Master Contractor/Services
Agreement for Roofing Supplies and Related Services with Hickman Community
Services, LLC based on their existing contract with the Board of
Education of the Wichita, Kansas Public Schools through U.S. Communities
Governmental Purchasing Alliance (RFP No. 06-40021), which is attached hereto as
Exhibit “A; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
of this Resolution to be in the best interests of the citizens and residents of the City of
Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves a Master Contractor/Services
Agreement with Hickman Community Services, LLC, authorizes the Mayor and City
Clerk to execute such Agreement on behalf of the City, and authorizes the City Manager
to execute any future renewal Addenda.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: June 14, 2007
Resolution 69, 2007
PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
PV-
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 ---
5-,’
\\Pbgvfile\Attorney\attorney_share\RESOLUTlONS\hickman roofing- reso 69 2007.doc
2
Date Prepared: June 14, 2007
Resolution 69, 2007
EXHIBIT A
MASTER CONTRACTOWSERVIC ES AGREEMENT
FOR ROOFING SUPPLIES AND RELATED SERVICES FOR DISASTER RECOVERY
THIS AGREEMENT is made this - - day of -1 2007, by
and between the City of Palm Beach Gardens, a m-corp@ation (hereinafter
referred to as “City”), whose address is 10500 North Military Trail, Palm Beach
Gardens, Florida 3341 0, and Hickman Community Services, L.L.C., (hereinafter
referred to as “Contractor”), whose address is 1330 Sabal Lakes Road, Delray Beach,
Florida 33445.
WHEREAS, the Board of Education of the Wichita, Kansas Public Schools
Purchasing Department acted as the “Lead Public Agency” in soliciting competitive
Request for Proposals #06-40021 for roofing supplies and related services on February
27, 2006, on behalf of U.S. Communities Government Purchasing Alliance. The Board
of Education of the Wichita, Kansas Public Schools and U.S. Communities
Governmental Purchasing Alliance has awarded a contract to the Contractor for roofing
supplies and related services, RFP #06-40021 (“Request for Proposals or RFP or BID).
The City is desirous of piggybacking the RFP on the same terms and conditions therein
subject to the terms and conditions set forth below; and
WHEREAS, the Contractor and the Lead Agency are desirous of allowing the
City to piggyback the Board of Education of the Wichita, Kansas Public Schools and
U.S. Communities Governmental Purchasing Alliance awarded contract to the
Contractor for roofing supplies and related services to RFP #06-40021 (“Request for
Proposals or RFP or BID), and the parties hereto understand that the more stringent
provisions control as it relates to any conflicts between RFP #06-40021 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 roofing
supplies and related services as provided herein and in the RFP, together
with all of the Contractor’s submittals accepted by the Board of Education of
the Wichita, Kansas Public Schools and U.S. Communities Governmental
Purchasing Alliance awarded contract to the Contractor for roofing supplies
and related services 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 RFP and pursuant to the RFP 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
3.
Order (“PO”) consistent with the RFP and this Agreement. 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.
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
not budgeted for these roofing-related disaster recovery services; however,
prior to utilizing this Agreement, it shall authorize necessary funding, subject
to all terms and conditions herein and fiscal funding out pursuant to Florida
law. Further, nothing herein, however, shall prevent the City from seeking a
budget amendment should it require additional sums of money for these
types of unexpected project(s) and/or 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 policies
and procedures and all applicable laws. All purchases shall be evidenced
by such approved purchase orders.
4. The Contractor shall provide to the City all services, work, materials, and
products pursuant to the RFP and this Agreement. All prices for the items,
materials, services, and work herein shall be in accordance with the RFP
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.
2
5. 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 reqpested 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 RFP.
6. 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, services, products, and materials, including all
change orders.
7. The Contractor agrees, warrants, covenants, and represents that all
products, materials, service, and work that it shall perform pursuant to this
Agreement and the RFP, 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 RFP 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, services, materials, and work by the
City or for such warranty period as provided in the RFP, 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.
3
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 RFP. 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 PO/Notice 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 Matt DeBonis, Area Manager, as the
Contractor’s project representative to the City in connection with this
Agreement. The City agrees to designate Mike Morrow, Public Works
Operations Director, 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
RFP. 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 contained in the RFP. To the 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 attorneys
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
4
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.
IO. 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.
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 fourteen (14) 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.
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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. This Agreement is effective as of the above-stated date and shall run
through the natural term of the piggyback agreement unless sooner
terminated herein.
19. 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.
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20. 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.
21. 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.
22. 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.
23. 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.
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24. 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 conformation, as
follows:
As to the City: As to the Contractor:
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Attn: Mike Morrow
Hickman Community Services, L.L.C.
1330 Sabal Lakes Road
Delray Beach, Florida 33445
Attn: Matt DeBonis
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 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 Article 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)
8
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:
WlTN ESSES: I
1.
2.
HICKMAN COMMUNITY SERVICES, L.L.C.
W (Corporate Seal)
The Lead Agency or A herein.
G:\attarn~~GREEMENTS\Piggyback-Agreement-HCS rarl .doc
9
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. ‘. ,
EXHIBIT “A”
No amount has been budgeted at this time. The parties hereto
understand that this Agreement is a Stand-by Agreement. To the
extent the City uses this Agreement, it shall be required to obtain
funding pursuant to its Charter, ordinances, policies and procedures,
and Florida law to the extent applicable.
April 17, 2007
TO: Mr. Dino DeRostaing
FROM: Matt DeBonis
Enclosed you will find copies of the documents that you requested. If you need
any additional information, please contact me.
City of Palm Beach Gardens
T 1.800.973. 1975 F 44.0.248.3264
1601 NW EXPRESSWAY, SUITE 1500
OKLAHOMA CITY, OK 73 1 18
30700 SOLON INDUSTRIAL PARKWAY
SOLON. OH 44139
WWW.HCSROOFING.COM
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WICHITA
Operations Division
Damn Muci, Division Director
e-mail: usd259.n et
3i6-973-204a; FAX: 97~00
June 15, 2006
Mr. Todd Lewers
Hickman Community Services, L.L.C.
30700 Solon Industrial Pkwy
Solon, Ohio 44139
Re: Wichita (KS) Public Schools/US Communities
Roofing Supplies and Related Services - RFP 06-40021
Dear Mr. Lewers:
School Service Center Complex
3850 N. Hydraulic
Wchita, Kansas 67219
w. usd259. com/officedpurchasing
Please accept this letter as formal notification that The Board of Education of the Wichita (KS) Public
Schools - Unified School District 259 - approved the recommendation for the selection of Hickman
Community Services, L.L.C., as the contracted source for roofing supplies and related services on behalf
of the U.S. Communities government purchasing alliance.
The contractual period begins immediately and runs through May 31, 2009. The USD 259 Board of
Education will, however, review the contract annually per a recommendation made by the USD 259
Purchasing department with assistance from the original RFP SelectionlReview team. The terms of the
Request for Proposal also allow for an additional three (3) year contractual term extension.
Feel free to contact me if you have any questions. We look forward to working with you.
Sincerely,
Darren C. Muci
Darren Muci
Cc: Chris Robb, East Central Region Manager, U.S. Communities
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Roofing Supplies and Related Services
Announcement -
The Board of Education of the Wichita (KS) Public Schools - Unified School District 259 - approved the recommendation for the selection of Hickman Community Services,
L.L.C., as the contracted source for roofing supplies and related services on behalf of
the U.S. Communities government purchasing alliance. The contract is for a three-year
term that will be reviewed quarterly by USD259 and US Communities staff and
considered for renewal annually by the USD 259 Board of Education.
Solicitation Process -
The Unified School District 259 - Wichita (KS) Public Schools - Purchasing department
acted as the “Lead Public Agency (LPA) in soliciting competitive Request for Proposal
06-40021 - Roofing Supplies and Related Services - on February 27,2006 on behalf of
U.S. Communities Government Purchasing Alliance. US Communities is a nonprofit
national purchasing alliance serving all public sectors of State, County, City agencies,
Higher Education, Nonprofit organizations and School Districts.
Responsible proposals were received from Hickman Community Services and Simon
Roofing. A selection and review team comprised of representatives of the Wichita (KS)
Public School District‘s purchasing department and representatives of purchasing
departments from Davis County (CA) Joint Unified School District, Harford County (MD)
School District, Dallas (TX) County, Detroit (MI) Public Schools and US Communities
reviewed the proposals. Hickman Community Services was selected and
recommended for award largely as a result of their organizational structure (Hickman
community Services is an L.L.C. formed by the combination of Hickman Roofing
(Solon, Ohio) and Aduddell Roofing (Oklahoma City, Oklahoma) and strategic
partnership with Professional Services Industries (PSI - an engineering firm based in
Fairfax, Virginia) and favorable pricing.
The Award -
Hickman Community Senices, L.L.C., offers a broad range of Commercial, Industrial
and Residential style products and services for the repair, maintenance, restoration or
replacement of all major categories of roofing. The contract also provides a full range of
professional engineering, architectural and consulting services for the planning and
design of roof management programs. Services include:
Inspections and Evaluations
Professional A & E and Consulting Services
Patch and Repair Materials and Services
Maintenance Programs
* Investigative and Testing Services
Restoration Products and Services
Roof Replacement Products and Services
Coating Products and Services
Green and Environmental Products and Setvices
Reference Materials
Related Education and Support Services
Roof Retro-fit Products and Services
Contact Information -
Representatives of Hickman Community Services, L.L.C., can be reached at:
phone: (800) 973-1 975
fax: (440) 248-3264
uscommunities@hickmancommunityservices.com
www.uscommunities.org
How To Use the Contract -
To utilize the contract you will contact Hickman Community Services (HCS) and request
information about the program or a quotation for your entity’s project. HCS will assign
you an account representative who will meet with you and discuss how your entity can
benefit from the program. If you have a particular project in mind they will complete a
site inspection and review any plans that you have for the building. Then, using the
itemized, proposed pricing, they will provide you with a budget quotation for your entity’s
project.
This contract is structured to ailow “discussion” regarding the price and construction
process. You may still be able to utilize local contractors, professional firms or suppliers
through the program.
Still Need Assistance?
Contact either of the following representatives of Unified School District 259 - Wichita
(KS) Public Schools, Hickman Community Services, or US. Communities with your
questions -
Darren Muci
Division Director, Operations
dmuci@usd259. net
(31 6) 973-2048
Jane Maggett
Purchasing Agent
jmaggett@usd259.net
(31 6) 973-4543
Todd Levers Chris Robb
National Program Manager
Hickman Community Services
tlewersa hickmancom munity services. com
(240) 731 -9085
East Central Region Manager
US. Communities
cro bb@uscommu n i ties. org
(571) 243-1651
2
w
U
Operations Division
Darren Muci, Division Director
e-mail dmua@usd259 net
316-973-2048, FAX 9732200
October 18, 2006
Todd Lewers, National Program Manager
HCS, Inc.
30700 Solon Industrial Parkway
Solon, OH 44139
S&mf Center Complex
3850 N Hydraulic
Wchita, Kansas 67219
www. usd259.com/ofices/o~erattons
Re: Amendment No. 1 to Master Agreement - Roofing Supplies and Related Services
Dear Mr. Lewers:
Please let this communication serve as official confirmation of the acceptance of adjustments to the Master
Agreement for the Roofing Supplies and Related Services agreement with Unified School District 259 -
Wichita (KS) Public Schools - hereinafter known as Amendment I.
This amendment encompasses five (5) distinct areas as follows:
1. Technical (text and descriptive) clarifications to the text in the original ScoDe of Work/Reauirements.
2. Renumbering the original line item pricing and creating a comprehensive user-friendly Line Item
Pricina G uide listing of pricing for supplies and services.
3. Appropriate price adjustments to specific existing line items.
4. Addition of new line items for materials and services germane to the Master Agreement for provision
of services within the context of the agreement.
5. Deletion of certain line items that have been discontinued as they were determined to no longer be
germane to the Master Agreement for provision of services within the context of the agreement.
Copies of the ScoDe of WorklReauirements and Line Item Pricina Guide are available for review by
participating public agencies by accessing the website of the Purchasing department of Unified School
District 259 - Wichita (KS) Public Schools - at www.usd259.com/offices/ourchasinq.
This amendment .. shall take affect with its submittal to U.S Communities and subsequent public posting.
' *, . With;Aegards .., ,
Darren C. Muci
Darren C. Muci
Cc: Chris Robb, East Central Regional Manager, US Communities
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 27, 2007
Meeting Date: July 19, 2007
Resolution: 72, 2007
Subject/ Agenda Item:
Consider approval of a Maintenance Memorandum of Agreement between the City of Palm
Beach Gardens and the Florida Department of Transportation for the State Road 9 (1-95)
Interchange Ramps and State Road 786 (PGA Boulevard)
[XI Recommendation to APPROVE L ] Recommendation to DENY
Reviewed by:
City Attorney 1
Communitv Services
Administrator
Department Administrator
A App@&G Y: /
City Mahag6
Originating Dept.:
Angela Wong 4f
Operations Maiager
Community Services
Department
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
Wtified
[ ] Not required
costs: -0-
(Total)
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
1 ] Denied
[ ] Continued to:
~~ ~
Attachments:
Resolution 72, 2007
Exhibit A:
Maintenance
Memorandum of
Agreement
I None
Date Prepared: June 27,2007
Meeting Date: July 19, 2007
Resolution: 72, 2007
BACKGROUND:
This item is in response to the Florida Department of Transportation’s (FDOT) future
1-95 HOV Expansion Project taking place from PGA Boulevard north to Donald Ross
Road. This project is scheduled to begin in July 2008.
As per a Maintenance Memorandum of Agreement executed in 1995 (Resolution
30, 1995), the City has been maintaining the 1-95 and PGA Boulevard interchange
as part of its annual landscape maintenance contract. Currently, maintenance costs
are approximately $30,000 per year. As part of the future project, new landscaping
and irrigation will be installed within reconstructed areas of the interchange.
Therefore, a new agreement is required.
This agreement outlines the installation and maintenance requirements of both the
FDOT and City. The agreement requires the FDOT to install landscape
improvements at a cost of $404,339.93. The City will be assuming maintenance
responsibilities 90 days after final acceptance of the project, which is estimated to
occur in 201 1. The City is required to maintain landscaping within the medians and
areas outside of the travel way to the right-of-way line as well as any hardscape
improvements (l.e., stamped asphalt, concrete areas, etc.). Annual maintenance
costs will be approximately $60,000 upon project completion.
STAFF RECOMMENDATION:
Approve Resolution 72, 2007 as presented.
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RESOLUTION 72,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A MAINTENANCE
MEMORANDUM OF AGREEMENT WITH THE FLORIDA
THE PGA BOULEVARD INTERCHANGE; AND PROVIDING AN
EFFECTIVE DATE.
DEPARTMENT OF TRANSPORTATION FORSTATE ROAD 9 (1-95) AT
WHEREAS, the City wishes to enter into a Maintenance Memorandum of
Agreement with the Florida Department of Transportation (FDOT) for the PGA Boulevard
interchange as part of the requirements of construction; and
WHEREAS, the City and FDOT desire to clarify and delineate installation and
maintenance responsibilities for improvements related to the project; and
WHEREAS, such agreement has been prepared and is attached hereto; 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 of the City of Palm Beach Gardens hereby approves
the Maintenance Memorandum of Agreement with the Florida Department of
Transportation and hereby authorizes the Mayor and City Clerk to execute the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: June 28, 2007
Date Prepared: June 28, 2007
Resolution 72. 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY:
Joseph R. Russo, Mayor
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
\\Pbgvfile\Attorney\attorney_share\RESOLUTIONS\fdot mma pga 195-reso 72 2007.doc
2
CHARLIE CRIST
GOVERNOR
Florida Department of Transportation
Planning & Environmental Management
3400 West Commercial Boulevard
Fort Lauderdale, F1 33309-3421
Telephone: (954) 777-4330
Fax: (954) 777-43 10
STEPHANIE C. KOPELOUSOS
SECRETARY
June 2 1,2007
Ms. Angela Wong
Operations Manager
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 334 10
Dear Ms. Wong:
RE: District Four (4) Maintenance Memorandum of Agreement (MOA) for State Road 9 (I-95) from within
the SR 786 (PGA Blvd.) Interchange Ramp Area from 900 Ft. south of (SR 786) PGA Blvd. to 950 Ft. north
of SR 786 PGA Blvd. (M.P. 36.796 to M.P.37.146). FM # 406870-1-52-01.
Enclosed are four (4) origmal MOA’S and a set of plans that reflect the landscape improvements that will be
constructed for State Road 9 in the City of Palm Beach Gardens.
Please have these executed by the City Council at their earliest convenience returning all four (4) to me, with
one sealed copy of the Resolution approving such action. Gerry O’Reilly, P.E., the Department’s
Transportation Development Engmeer District IV, will execute and date the originals returning one for your
file.
Important: Please do not fill in the date on the first paragraph on page one.
Call me at 954-777-4219 if I can be of further help.
Sincerely, + LLQ.7L
Elisabeth A. Hassett
District IV Landscape Architect
CC:J. Thompson, P.E., File
SECTION NO.: 93220
FM NO.@): 406870-1-52-01
COUNTY: Palm Beach
S.R. NO.: 9
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 202bY and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the DEPARTMENT and the City of
Palm Beach Gardens, a political subdivision of the State of Florida, existing under the Laws of
Florida, hereinafter called the AGENCY.
WIT N E S S ET H:
WHEREAS, the DEPARTMENT has jurisdiction over State Road 9 Interchange Ramps
and State Road 786 as part of the State Highway System; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain the highway facility as described in Exhibit A attached hereto and
incorporated by reference herein, within the corporate limits (or unincorporated if County) of the
AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contain
landscape medians and areas outside the travel way to the right of way line, excluding standard
concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing,
litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed;
and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No. dated 3 20-,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation
andor hardscape on the highway facilities substantially as specified in the initial plans and
specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. If
there are any major changes to the plans, the Department shall provide the modified plans
and the AGENCY shall provide their approval or disapproval within 10 business days. The
Department may elect to withdraw the landscape if changes are not approved within the
2.
3.
given time frame. Hardscape shall mean any non-standard roadway, sidewalk or median
surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and
stamped concrete.
The AGENCY agrees to maintain the landscape and irrigation within the medians and areas
outside the travel way to the right of way line by periodic trimming, cutting, mowing,
fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the
DEPARTMENT'S landscape safety and plant care guidelines and as provided by Exhbit C.
The AGENCY'S responsibility for maintenance shall include all landscaped/turfed areas and
areas covered with interlocking pavers or similar type surfacing (hardscape) within the
median and areas within the travel way to the right of way line, including paver sidewalks,
paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be
the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway
caused by the differential characteristics of the paver brick and/or the header curb on
Department of Transportation right-of-way within the limits of the Project.
Such maintenance to be provided by the AGENCY is specifically set out as follows:
To maintain, which means the proper watering and fertilization of all plants and keeping
them as free as practicable from disease and harmful insects; to properly mulch the plant
beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to
properly prune all plants which includes: (1) removing dead or diseased parts of plants, or (2)
pruning such parts thereof which present a visual hazard for those using the roadway. To
maintain also means removing or replacing dead or diseased plants in their entirety, or
removing or replacing those that fall below original Project standards. All plants removed
for whatever reason shall be replaced by plants of the same size and grade as specified in the
original plans and specifications. To maintain also means to keep the hardscape areas free
from weeds and replacement of any areas becoming in disrepair so as to cause a safety
hazard. To maintain also means to keep litter removed from the median and areas outside
the travel way to the right of way line. Plants shall be those items which would be
scientifically classified as plants and include but are not limited to trees, grass, or shrubs.
If it becomes necessary to provide utilities to the median or side areas (watedelectricity) for
these improvements, all costs associated with irrigation maintenance, impact fees and
connections as well as on-going cost of water are the maintaining AGENCY'S
responsibility.
The above named functions to be performed by the AGENCY, may be subject to periodic
inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such
inspection findings will be shared with the AGENCY and shall be the basis of all decisions
regarding, repayment, reworking or Agreement termination. The AGENCY shall not change
or deviate from said plans without written approval of the DEPARTMENT.
If at any time after the AGENCY has assumed the landscape installation and/or maintenance
responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S
District Secretary that the limits or a part thereof is not properly maintained pursuant to the
terms of this Agreement, said District Secretary may at his option issue a written notice that
i'ngc - 2 -
a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place
said AGENCY on notice thereof. Thereafter the AGENCY shall have aperiod of thirty (30)
calendar days within which to correct the cited deficiencies. If said deficiencies are not
corrected within this time period, the DEPARTMENT may at its option, proceed as follows:
(a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor’s
personnel and invoice the AGENCY for expenses incurred, or
(b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and
remove, by DEPARTMENT or contractor’s personnel, all of the
landscapehardscape installed under this Agreement or any preceding agreements
except as to trees and palms and charge the AGENCY the reasonable cost of such
removal.
4. It is understood between the parties hereto that the landscape covered by this Agreement may
be removed, relocated or adjusted at any time in the future as determined to be necessary by
the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise
changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY
shall be given sixty (60) calendar days notice to remove said landscape after which time the
DEPARTMENT may remove same. All permits (including tree permits), fees, and any
mitigation associated with the removal, relocation or adjustments of these improvements are
the maintaining AGENCY’S responsibility.
5. The DEPARTMENT agrees to enter into a contract for the installation of landscape Project
for an amount not to exceed $404,339.93 as defined in Exhibit D.
The DEPARTMENT’S participation in the Project cost, as described in Exhibit C is limited
to only those items which are directlyrelated to this Project. The AGENCY shall be invited
to assist the DEPARTMENT in final inspection at the end of the contractor’s 365 day
warranty and establishment period.
6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the
Project, should the landscapehardscape areas fail to be maintained in accordance with the
terms and conditions of this Agreement.
7. This Agreement may be terminated under any one (1) of the following conditions:
(a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph
3, following ten (10) days written notice.
(b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 1 19,
Florida Statutes, and made or received by the AGENCY in conjunction with this
Agreement.
8. The term of this Agreement commences upon execution.
9. The AGENCY is political subdivisions as defined in Section 768.28, Florida Statutes, and
agrees to be fully responsible for acts and omissions of their agents or employees. Nothing in
this agreement shall be construed or interpreted to serve as a waiver of sovereign immunity
by any party such that liability is extended beyond the limitations established by law.
Nothing herein shall be construed as consent by a state agency or political subdivision of the
State of Florida to be sued by third parties in any matter arising out of this Agreement or any
other contract.
In the event that AGENCY contracts with a third party to provide the services set forth
herein, any contract with such third party shall include the following provisions:
(a) AGENCY’s contractor shall at all times during the term of this Agreement keep and
maintain in full force and effect, at contractor’s sole cost and expense, Comprehensive
General Liability with minimum limits of $1,000,000.00 per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability and Worker’s Compensation
insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on
a form no more restrictive that the latest edition of the Comprehensive General Liability and
Worker’s Compensation policy without restrictive endorsements, as filed by the Insurance
Services Office and shall name DEPARTMENT as an additional insured.
(b) AGENCY’s contractor shall furnish AGENCY with Certificates of Insurance of
Endorsements evidencing the insurance coverages specified herein prior to the beginning
performance of work under this Agreement.
(c) Coverage is not to cease and is to remain in full force and effect (subject to
cancellation notice) until all performance required of AGENCY’S contractor is completed.
All policies must be endorsed to provide DEPARTMENT with at least thirty (30) days
notice of cancellation and odor restriction. If any of the insurance coverages will expire
prior to the completion of work, copies of renewal policies shall be furnished at least (30)
days prior to the date of expiration.
10. The AGENCY may construct additional landscapehardscape within the limits of the rights-
of-ways identified as a result of this document, subject to the following conditions:
Plans for any new landscapehardscape shall be subject to approval by the
DEPARTMENT. The AGENCY shall not change or deviate from said plans
without written approval by the DEPARTMENT.
All landscape shall be developed and implemented in accordance with appropriate
state safety and road design standards;
The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape installed;
Page 4
(d) No change will be made in the payment terms established under item number five (5)
of this Agreement due to any increase in cost to the DEPARTMENT resulting from
the installation of landscape added under this paragraph.
1 1. This writing embodies the entire Agreement and understanding between the parties hereto
and there are no other Agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may be
paid on such contract. The DEPARTMENT shall require a statement from the Comptroller
of the DEPARTMENT that funds are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one (1) year, but any contract so made shall be executory
only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years; and this paragraph shall be incorporated verbatim in all contracts of the
DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) and which have a term for a period of more than 1 year.
13. The DEPARTMENT’S District Secretary shall decide all questions, difficulties and disputes
of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount and
value thereof; and his decision upon all claims, questions and disputes shall be final and
conclusive upon the parties hereto.
14. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
15. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the contract and Florida law, the
laws of Florida shall prevail.
16. Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
,
Page 5
If to the Department:
State of Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
Attention: Elisabeth A. Hassett, R.L.A.
FDOT District IV Landscape Architect
If to the Agency:
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Attention: Angela Wong
Operations Manager
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effectiv
day and year first above written.
the
AGENCY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: By:
Mayor / Chairperson Transportation Development Director Date
Attest: (SEAL) Attest: (SEAL)
Clerk Executive Secretary
Approval as to Form / Date Approval as to Form Date
Page 6
SECTION NO.:
FM NO.(s):
COUNTY:
S.R. NO.:
93220
406870-1-52-01
Palm Beach
9
EXHIBIT A
I. PROJECT LOCATION OF AREAS TO BE MAINTAINED BY AGENCY:
SR 9 (1-95) within the SR 786 (PGA Boulevard) Interchange Ramp Area from 900 Ft. south of (SR 786)
PGA Boulevard to 950 ft. north of PGA Boulevard (MP 36.796 to M.P.37.146).
In addition to the above: PGA Boulevard (SR 786) from 900 ft. west of SR 9 (1-95) to 600 ft. east of SR 9
(1-95) (M.P. 5.848 to M.P. 6.132).
111. PROJECT MAINTENANCE BOUNDARIES:
See Attached Map
111' d
/' I n
0 0 0 0 0 "ai
3 i! 0 I ::
4 U
SECTION NO.: 93220
FM NO.(s): 406870-1 -52-01
COUNTY: Palm Beach
S.R. NO.: 9
EXHIBIT B
PROJECT PLANS
The Department agrees to install the Project in accordance with the plans and specifications
attached hereto and incorporated herein.
Please see attached plans prepared by: Michael Kidde, Kimley-Horn and Associates, Inc.
Dated: April 27,2007
Page 8
SECTION NO.: 93220
FM NO.(s): 406870-1 -52-01
COUNTY: Palm Beach
S.R. NO.: 9
EXHIBIT C
MAINTENANCE PLAN
This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated: April 30,2007
Page 9
MAINTENANCE PLAN
Landscape and Irrigation
Project Name:
Project Limits:
1-95 (S.R. 9) HOV Widening, South of PGA Blvd to South of Donald
Ross Road
MP 36.732 to MP 39.642
FM No.: 406870-1-52-01
Agency: The City of Palm Beach Gardens
I. General Maintenance Requirements and Recommendations:
The purpose of a plan for landscape and irrigation maintenance practices is to allow the plant material
on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and
conserving our natural resources. Plantings shall be maintained to avoid potential roadway hazards
and to provide required clear visibility, accessibility, clearance, and setbacks as set forth by Florida
Department of Transportation (FDOT) governing standards and specifications: FDOT Design
Standards, FDOT Plans Preparation Manual Vol. I, Chapter 2.11 and FDOT Standard Specifications
for Road and Bridge Construction as amended by contract documents; and all other requirements set
forth by the District 4 Operations Maintenance Engineer. The initial portion of the Maintenance Plan
describes general maintenance requirements and recommendations. The concluding section is
recommendations prepared by the Landscape Architect of Record specific to the attached approved
plans.
Watering Requirements:
Watering is a critical concern regarding the maintenance of healthy plant material and for observing
water conservation practices. The amount of water to apply at any one time varies with the weather,
drainage conditions and water holding capacity of the soil. For plant materials that have been
established, it is imperative that any mandated water restrictions be fully conformed to on FDOT
roadways.
Proper watering techniques should provide even and thorough water dispersal to wet the entire root
zone, but not saturate the soil or over-spray onto travel lanes.
Irrigation System:
The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours
(most notably “rush hour” traffic periods). It is imperative the irrigation controller is properly set to
run early enough that the watering process will be entirely completed before high traffic periods as
well as adhere to mandated water restrictions. To ensure water conservation, the Agency shall
monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that
the system shuts down when there is sufficient rainfall.
Integrated Plant Management:
An assessment of each planting area’s soil is recommended to periodically determine the nutrient
levels needed to sustain healthy, vigorous plant growth.
Palms, shrubs, trees and turf areas should be fertilized in such a manner and frequency to ensure that
the plant material remains healthy and vigorously growing. Establishment of an integrated plant
management program is encouraged to ensure healthy plants which are free of disease and pests.
Mulching:
Mulch planting beds in such a manner as to: prevent weed growth; retain moisture to the plants;
protect against soil erosion and nutrient loss; maintain a more uniform soil temperature; and improve
the appearance of the planting beds. Avoid mulch mounded up on the trunks of trees, palms, and the
base of shrubs to encourage air movement in this area which aids in lowering disease susceptibility.
Cypress mulch is prohibited on state right of way.
Pruning
All pruning, and the associated safety criteria, shall be performed according to American National
Standard Institute ANSI A300 standards and shall be supervised by an International Society of
Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and natural
growth of plant materials in mind, and to specific pruning heights maintaining clear visibility for
motorists, and vertical clearance for pedestrian, bicyclist, and truck traffic where applicable.
Visibility windows must be maintained free of view obstructions and all trees and palms (with
particular attention to fronds and fruit) maintained to prevent potential roadway hazards. The specific
pruning heights are determined by understanding the designer’s intent when selecting and placing the
plants. The intended mature maintained height and spread of plants should be noted on the planting
plans. (See Specific Requirements and Recommendations per Approved Landscape & Irrigation
Design for these guidelines).
Staking and Guying:
All staking materials, except for replacements, are removed by the completion of FDOT warranty
period or at one year (whichever comes first). Any subsequent staking and guying activities by the
Agency must adhere to FDOT Design Standards guidelines (See Index 544). The Agency shall
closely monitor staking and guying attachment materials so that they are securely fastened to avoid
potential roadway hazards.
Turf Mowing:
All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy
root system while providing a neat and clean appearance to the urban landscape.
Litter Control:
The project site shall remain as litter free as practicable. It is recommended to recycle this litter to
avoid unnecessary waste by its reuse.
W eedindHerbicide :
All planting areas shall be maintained as weed free as practicable enlisting integrated pest
management practices in areas specified on the plans and by maintaining proper mulch levels.
Extreme care is recommended if using a chemical herbicide to avoid overspray onto plant materials.
Page 2 of5 i 2 LOO’
Any damage resulting from overspray is the applicator’s responsibility to restore the planting to the
approved plans.
Plant Replacement:
Plant replacement shall be the same species and specification as the approved plan. Only plants
graded Florida #1 per the Florida Department of Agriculture and Consumers Services, Grades and
Standards for Nursery Plants is permitted on FDOT roadways. Should it become necessary to change
the species, a general use permit is required from FDOT for approval by the FDOT District
Landscape Architect.
11. Specific Maintenance Requirements and Recommendations:
The design intent for the area encompassed by the PGA interchange was to create a Gateway entry
statement into the City of Palm Beach Gardens. To achieve the desired look, the use of certain plant
material not normally associated with FDOT projects was necessary. Royal Palms are proposed
along the access ramps to provide a more formal, stately, semitropical and rhythmic feel to the
landscape. An automatic irrigation system is also proposed for this area of the project with the
express purpose of maintaining this environment. The Royals shall require a heavy drenching of
their root zone at least twice a week for the first six months after planting. Moisture penetration
should reach a depth of 18 inches. Once growth is established, a slow-release fertilizer specially
formulated for palms (12-4-12 or 13-3-13) should be applied at a rate of 8 ounces per inch of trunk
diameter a minimum of every six months. The fronds do not need to be pruned but should be
removed should they fall within the travel lanes of the roadway due to their size. The Sabal Palms
are to be utilized as a buffer and visual enhancement to the sides of the roadway. Maintenance
requirements are similar to the Royals except that the fallen fronds only need to be removed
periodically.
Crape Myrtles are proposed along the access ramps as a means to add seasonal color and as a
transition to the palms. Water requirements for the establishment of this material is daily for the first
two weeks, every other day for the following 2 months and then weekly for the remainder of the six
month establishment period. A general-purpose fertilizer, such as 8-8-8 or 10- 10- 10, is
recommended at a rate of 1 pound per 100 square feet of root zone applied once a year in the spring.
The only pruning that is required is the removal of sucker growth and dead wood. In addition to the
Crapes, there are other deciduous and semi-deciduous trees utilized along the periphery of the
gateway area used for visual diversity and as an enhancement of the embankments and drainage
areas. This material has the same maintenance requirements as the Crape Myrtles other than the clear
trunk requirements of FDOT safety criteria in areas where the trees may grow over the travel lanes or
pedestrian paths.
Cocoplum shrubs and Muhly Grass are proposed along the roadway embankments as erosion control,
visual interest and maintenance reduction of the slopes and tree beds. Watering requirements should
be considered similar to the tree scheduling. Fertilization should be accomplished through a slow-
release fertilizer broadcast at a rate of eight ounces per 100 square feet of bed area. Pruning will not
be necessary for the Cocoplum shrubs, however, the Muhly Grass will benefit from cutting the brown
foliage to the ground prior to the emergence of new growth in the spring. Dwarf Firebush and
Coontie are proposed in the area beneath Ramp E2 to handle the area of shade periodically created by
the structure. This material shall have the same maintenance requirements as the other shrubs and
groundcover.
The only variation to these requirements is for the material located within the median on PGA
Boulevard immediately west of the I95 overpass. Due to the harsh microclimate inherent in areas
surrounded by pavement, it is recommended that these areas maintain an irrigation schedule of twice
a week perpetually.
REFERENCES
Florida Department of Agriculture, Florida Grades and Standards for Nursery Stock
http://www.doacs.state.fl.us/pi/plantinsp/publications.html
FDOT Design Standards
http://www.dot.state.fl.us/rddesi~n/rd/RTDS/O6/544.pdf
http://www.dot.state.fl .us/rddesiqn/rd/RTDS/06/546.pdf
FDOT Plans Preparation Manual Vol. I, Chapter 2.1 I (PPM)
htt~://www.dot.state.fl.us/rddesiqn/PPM%20Manua1/2006~o1ume%202/zV2Cha~26.~df
FDOT Standard Specifications for Road and Bridge Construction
http://www .dot.state.fl .us/specificationsoffice/JulvO6W B/5800000SS.~df
FDOT Landscape Architecture Webpage
http://www.dot.state.fl.us/emo/beauty/FLA. htm
International Society of Arboriculture (ISA)
www.isa-arbor.com
SECTION NO.: 93220
FM NO.(s): 406870-1-52-01
COUNTY: Palm Beach
S.R. NO.: 9
EXHIBIT D
PROJECT COST
This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated: April 30,2007
I. APPROXIMATE PROJECT COST: $404,339.93
Page 10
SECTION NO.: 93220
FM NO.(s): 406870-1 -52-0 1
COUNTY: Palm Beach
S.R. NO.: 9
EXHIBIT D
PROJECT COST
This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated: April 30,2007
I. APPROXIMATE PROJECT COST: $404,339.93
Page 10
FDOT - PBG, MOA
CITY OF PALM BEACH GARDENS AGREEMENT AREAS
Specification Unit Price
LANDSCAPE / IRRIGATION OPINION
OF PROBABLE CONSTRUCTION COST
Total Quantity
I 2073 I COC I Cocoplum I Chrysobalanusicaco
Symbol Common Name Botanical Name
I 1701 I MUH I Muhly Grass I Muhlenbergiacapillaris
Trees 8 Palms
180 SP
5 QV
14 LI
25 RE
I 1292 I ZAP I Coontie I Zamiapumils
Sabal Palm Sabal palmetto
Live Oak Quercus virginiana
Crape Myrtle Lagerstrcemia indica
Royal Palm Roystonea elata
I 345 I DFB I DwarfFirebush I HamehaPatens
6 GW, full trunk, full head,
matched $700,00
SR 9 (1-95) from South of PGA Blvd.
to South of Donald Ross Rd.
$17,500.00
By: wjl
$25.00
$5.75
15" ht. x 15"spr., 3 gal., full,
36" O.C.
24"ht x 24" spr., 3 gal., full, 36" __
$32,300.00
$1,983.75
1 I
883
$150.00 $27,000.00
$450.00 $2,250.00
BD Blue Daze Evolvulus Glomeratus IZ"spr., 1 gal., 24" O.C.
8-10' ht., 30G, multitrunk I $150.00 I $2,100.00
6.3 MULCH (TN) $450.00 $2,826.00
I $48,850.00 TREES 1 SUBTOTAL:
ST AUGUSTINE
SOD (SY)
I
$3.50 $50,575.00
$65,591.75 SHRUBS
SUBTOTAL:
LANDSCAPE GRAND TOTAL:
IRRIGATION GRAND TOTAL:
10% CONTINGENCY
GRAND TOTAL:
G~\040005262~PhaseVI95\40687Ol~KHA\landscp\eng~dafal
MOA FDOT-PEG OPC xls 1of1 4/30/2007,4:06 PM
IRRIGATION OPINION OF
PROBABLE CONSTRUCTION COST
SR 9 (1-95) from South of PGA Blvd.
to South of Donald Ross Rd. By: wjl
~ Category Item Unit Item
No. Item Quantity Unit Cost Total Subtotal
SLEEVING
9 6" PVC Mainline Sleeve (Sch 40) 264 LF $7.50 $1,980.00
SUBTOTAL $1,980.00
I I I
IRRIGATION HEADS
10 IToro FB 50 PC Bubbler 281 EA I $4.001 $1 12.001
11 IToro 570 PR 8H fDOD UDI 881 EA I $4.001 $352.001
I I
VALVES ..
16 Tor0 P220 Electric Valve 31 EA $420.00 $13,020.00
SUBTOTAL $13,020.00
ELECTRICAL SERVICE
25 Directional Bore, 2" HDPE 330 LF $20.00 $6,600.00
26 Conductor (Insulated No. 6) 9,437 LF $0.85 $8,021.45
27 Conduit (Underground) (PVC Sch 40) 1,591 LF $5.00 $7,955.00
28 Pull Box (Roadside-Moulded) 12 EA $400.00 $4,800.00
SUBTOTAL $27,376.45
PROJECT TOTAL $1 99,739
G:\040005262~PhaseV195\4068701 -KHA\landscp\eng-data\
Irr-0PC.xls
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COUNTY, FLOR
PROCLMATION
._ ,hereation programs enhanc
L
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 25,2007
Meeting Date: July 19, 2007
Resolution 70,2007
Submitted by:
Judy A. Taylor Dye
Assistant City Engineer
<IC* IC-) ' > ,! '3
>I
Approved by:
SubjecUAgenda Item: Trinity Methodist Church
[ X ] Not Required
Affected parties
[X ] Notified
[XI Recommendation to APPROVE
I ] Recommendation to DENY
ieviewed by:
Zrowth Management
le art ent &p,
i 4 City Attorney
Finance Administrator
I
Originating Dept.:
Engineering
,iy' .:;* f..& , ' . ',
Judy A. Taylor Dye
Assistant City Engineer
Advertised:
Date:
Paper:
:osts: $ NIA
(Total)
$3
Current FY
Funding Source:
: ] Operating
[X ] Other
Budget Acct.#:
;ouncil Action:
] Approved
: ]Approved wl
conditions
[ ] Denied
[ 1 Continued to:
Attachments:
Resolution 70.2007
[ ]None
Date Prepared: June 25,2007
Meeting Date: July 19,2007
Resolution 70,2007
Page 2 of 2
STAFF RECOMMENDATION
A plat of Trinity United Methodist Church of Palm Beach Gardens, a parcel lying in
Section 13, Township 42 South, Range 42 East, within the City of Palm Beach Gardens
at the southeast corner of Military Trail and Gardenia Drive.
Staff recommends approval of Resolution 70, 2007.
Date Prepared: June 25, 2007
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RESOLUTION 70,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE TRINITY UNITED
METHODIST CHURCH OF PALM BEACH GARDENS PLAT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Trinity United Methodist Church of
Palm Beach Gardens Plat; and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City’s Land Development Regulations and Chapter 177,
Florida Statutes, and recommends approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs;
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 Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the Trinity United Methodist Church of Palm Beach Gardens Plat
consisting of two (2) sheets, prepared by Sunshine Surveyors, attached hereto as Exhibit
“A. ”
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: June 25,2007
Resolution 70. 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 SU F FlCl E NCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR LEVY ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
\\pbgvfileMttorney\attorney-share\RESOLUTlONS\PLAT - trinity united methodist church- reso 70 2007.doc
2
Date Prepared: June 25, 2007
Resolution 70, 2007
EXHIBIT A
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PHASE 4 ROADWAY AT BALLENISLES PLAT BOOK 74, PAGES 194-195 TRACT ECA-2
I SSa MILITARY TRAIL STATE ROAD 809 2 EAST LINE OF THE NORTHWEST
%j 8 m
---- OUARTER - OF SECTION 13
POINT OF COMENCEMENT-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 2,2007
Meeting Date: July 19,2007
Resolution 10,2007
SubjectlAgenda Item:
Memorandum of Agreement between the Governor’s Office of Tourism, Trade and Economic
Development (OTTED) and the City of Palm Beach Gardens related to the Bioscience Research
Protection Overlay Properties:
Workshop: A Memorandum of Agreement between the City of Palm Beach Gardens and the
Office of Tourism, Trade, and Economic Development (OTTED) to utilize the expedited
permitting process established in Chapter 403.973, F.S., for the review of development projects
located within the Bioscience Research Protection Overlay.
[XI Recommend approval
[ ] Recommend denial
City Attorney
Development Compliance
N/A
Bahareh Wolfs, AICP
Growth Management
Administrator &
Kara L. hwq AICP
Approved By:
Originating Dept:
Growth Management:
KaraL. Irwin
GmwthMauagement
Administrator
~
Advertised:
Date: July 12,2007 &
July 15,2007
Paper: The palm Beach
Post
JJNot Required
Affectedparties:
[ ]Notified
[XI Not Required
FINANCE:
Costs: $-N/A
Total
$- NIA-
CUrrentFY
Funding Swrce:
Other N/A
Budge4 Acct.#:
NA
City Council Action:
IAPPWed
[ 1 App. w/ conditions
[ ]Denied
[ ]Rec.approval
[ ] Rec. app. w/ conds.
[ ]Rec.Denial
[ ]ContinUedto:-
Attachments:
PalmBeachPostAD ’ PropeltiesMap ’ Chapter 403.973, F.S. ’ Resolution 10,2007
9 Ecanomic Development
Memorandum of
Agreement
Date Prepared: July 2,2007
Meeting Date July 19,2007
Resolution 10.2007
PPQC 2 Of 3 BACKGROUND
On October 23, 2003, the Florida Legislature approved legislation creating the Scripps Florida
Funding Corporation, appropriating $3 10 million dollars to the Governor’s Office of Tourism,
Trade, and Economic Development (OTTED). The legislation additionally included an
amendment to Chapter 403.973, F.S., related to expedited permitting, and comprehensive plan
amendments for projects that create significant economic development.
On February 14, 2006, the County Commission designated the Abacoa FAU / Briger site as the
alternative site for the Scripps Florida development, which required a hundred acres with the
potential for two (2) million square feet for Scripps Florida and additional opportunities for up to
six (6) million square feet of available land to accommodate the creation of a bioscience research
/ biotechnology industry cluster within a five (5) mile radius of the Scripps Florida campus on
the Abacoa FAU/ Briger site. In order to accommodate the second condition, the City, in
partnership with the Town of Jupiter, the City of Riviera Beach, the Town of Lake Park, and the
Town of Mangonia Park, provided an inventory of properties that could be used for bioscience
research / biotechnology users within their respective boundaries. As part of the alternate site
proposal, each municipality committed to amend its respective comprehensive plan to create an
overlay that would provide for and encourage the cluster of the bioscience research /
biotechnology industry uses within its community.
On December 21, 2006, the City Council adopted Ordinance 17, 2006, Ordinance 18, 2006,
Ordinance 19,2006, and Ordinance 20,2006, which amended the City’s Future Land Use Map
and Comprehensive Plan text to create a Bioscience Research Protection Overlay (BRPO). The
BRPO encourages the use of incentives on behalf of the City to promote the development of
Bioscience Users within a close proximity to Scripps Florida, located on the FAU Abacoa
Campus and the Briger Site. The State’s expedited permitting program is an incentive consistent
with the City’s intent in creating the BRPO, as it will expedite the review process for
BioscienceLife Science Projects within the Bioscience Overlay.
In the best interest of promoting Bioscience Uses within the BRPO, the City of Palm Beach
Gardens proposes to enter into a Memorandum of Agreement with OTTED to utilize the
expedited permitting process as established in 403.973, F.S., for to the City’s Bioscience
Research Protection Overlay.
The Memorandum of Agreement (MOA), as currently proposed, will include a specific
expedited permitting review process, which requires OTTED to create regional permit action
teams (RPATs) and certifj. projects eligible to use this process. The RPATs will consist of
signatory agencies and other agencies which have agreed to participate and have jurisdiction
over a certified project. The City of Palm Beach Gardens will be a participating agency of the
RPATs. The process does not modify, qualify, or otherwise alter existing state or regional
agency or County non-procedural standards.
Date Prepared: July 2,2007
Meeting Date: July 19,2007
Resdation 10.2007
Page3013
STAFF RECOMMENDATION
Staff recommends approval of Resolution 10,2007.
CITY OF PALM BEACH GARDENS
NOTICE OF WORKSHOP
TO REVIEW AND EXPLAIN A MEMORANDUM OF AGREEMENT TO EXPEDITE
THE REVIEW AND PERMITTING PROCESS FOR BIOSCIENCHLIFE SCIENCE
PROJECTS WITHIN THE BIOSCIENCE RESEARCH PROTECTION OVERLAY
In accordance with Section 403.973, Florida Statutes, the City Council of the City of
Palm Beach Gardens, Florida proposes to hold a Workshop to review and explain a
Memorandum of Agreement between the Florida Office of Tourism, Trade, and
Economic Development and the City of Palm Beach Gardens for the expedited review
and permitting of Bioscience/Life Science Projects within the Bioscience Research
Protection Overlay.
PLACE:
DATE:
PROJECT:
LOCAT ION :
TITLE:
PURPOSE:
Municipal Complex Building, 10500 North Military Trail, Palm Beach
Gardens, Florida
July 19, 2007, 7:OO p.m.
Bioscience/Life Science Projects within the Bioscience Research
Protection Overlay
The general location of the Bioscience Research Protection Overlay is
identified on the map that is included in this Notice.
Memorandum of Agreement between the Florida Ofice of Tourism,
Trade, and Economic Development and the City of Palm Beach Gardens.
The purpose of this Memorandum of Agreement is to establish
procedures which will streamline, consolidate, and expedite the review
and permitting process for Bioscience/Life Science Projects within the
Bioscience Research Protection Overlay.
Copies of the proposed Memorandum of Agreement are available at the Growth
Management Department at the address listed below, and can be reviewed by the
public on weekdays between the hours of 8:OO a.m. and 5:OO p.m.
Kara Irwin, Growth Management Administrator
City of Palm Beach Gardens
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 33410
Interested parties are advised that they may attend and be heard at the workshop and
public hearing with respect to the proposed agreement.
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 561-7994122 no later than five (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 800-955-8700
(VOICE).
Patricia Snider, CMC, City Clerk
Publication Date: July 12, 2007 and
July 15, 2007
1 I
IOSCIENCE RESEARCH OVERLAY PROPERTIES
1 BIOSCIENCE RESEARCH OVERLAY PROPERTIES i 1 \
Donald Ross Rd 'U L
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Printed: June 26. 2007
Statutes & Constitution :View Statutes : flsenate.gov
Select Year: 2006
The 2006 Florida Statutes
Title XXlX Chapter 403
PUBLIC HEALTH ENVIRONMENTAL CONTROL
View Entire Chapter
Page 1 of 5
403.973 Expedited permitting; comprehensive plan amendments.--
(1) It is the intent of the Legislature to encourage and facilitate the location and expansion of
those types of economic development projects which offer job creation and high wages, strengthen
and diversify the state's economy, and have been thoughtfully planned to take into consideration
the protection of the state's environment. It is also the intent of the Legislature to provide for an
expedited permitting and comprehensive plan amendment process for such projects.
(2) As used in this section, the term:
(a) "Duly noticed" means publication in a newspaper of general circulation in the municipality or
county with jurisdiction. The notice shall appear on at least 2 separate days, one of which shall be
at least 7 days before the meeting. The notice shall state the date, time, and place of the meeting
scheduled to discuss or enact the memorandum of agreement, and the places within the
municipality or county where such proposed memorandum of agreement may be inspected by the
public. The notice must be one-eighth of a page in size and must be published in a portion of the
paper other than the legal notices section. The notice shall also advise that interested parties may
appear at the meeting and be heard with respect to the memorandum of agreement.
(b) "Jobs" means permanent, full-time equivalent positions not including construction jobs.
(c) "Office" means the Office of Tourism, Trade, and Economic Development.
(d) "Permit applications" means state permits and licenses, and at the option of a participating
local government, local development permits or orders.
(3)(a) The Governor, through the office, shall direct the creation of regional permit action teams,
for the purpose of expediting review of permit applications and local comprehensive plan
amendments submitted by:
1. Businesses creating at least 100 jobs, or
2. Businesses creating at least 50 jobs if the project is located in an enterprise zone, or in a
county having a population of less than 75,000 or in a county having a population of less than
100,000 which is contiguous to a county having a population of less than 75,000, as determined by
the most recent decennial census, residing in incorporated and unincorporated areas of the county,
or
(b) On a case-by-case basis and at the request of a county or municipal government, the office
may certify as eligible for expedited review a project not meeting the minimum job creation
thresholds but creating a minimum of 10 jobs. The recommendation from the governing body of the
county or municipality in which the project may be located is required in order for the office to
certify that any project is eligible for expedited review under this paragraph. When considering
projects that do not meet the minimum job creation thresholds but that are recommended by the
governing body in which the project may be located, the office shall consider economic impact
factors that include, but are not limited to:
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1. The proposed wage and skill levels relative to those existing in the area in which the project
may be located;
2. The project's potential to diversify and strengthen the area's economy;
3. The amount of capital investment; and
4. The number of jobs that will be made available for persons served by the welfare transition
program.
(c) At the request of a county or municipal government, the office or a Quick Permitting County
may certify projects located in counties where the ratio of new jobs per participant in the welfare
transition program, as determined by Workforce Florida, Inc., is less than one or otherwise critical,
as eligible for the expedited permitting process. Such projects must meet the numerical job
creation criteria of this subsection, but the jobs created by the project do not have to be high-
wage jobs that diversify the state's economy.
(d) Projects located in a designated brownfield area are eligible for the expedited permitting
process.
(e) Projects that are part of the state-of-the-art biomedical research institution and campus to be
established in this state by the grantee under s. 288.955 are eligible for the expedited permitting
process, if the projects are designated as part of the institution or campus by the board of county
commissioners of the county in which the institution and campus are established.
(4) The office may delegate to a Quick Permitting County designated under s. 288.1093 the
responsibility for convening regional permit teams and, in consultation with the office, for
certifying as eligible for expedited review projects that meet the criteria of subsection (3) and that
are consistent with the economic goals of the county. In order to receive such a delegation, the
Quick Permitting County must hold the public hearing required under subsection (7) and agree to
execute a memorandum of agreement for each qualified project.
(5) The regional teams shall be established through the execution of memoranda of agreement
between the office and the respective heads of the Department of Environmental Protection, the
Department of Community Affairs, the Department of Transportation and its district offices, the
Department of Agriculture and Consumer Services, the Fish and Wildlife Conservation Commission,
appropriate regional planning councils, appropriate water management districts, and voluntarily
participating municipalities and counties. The memoranda of agreement should also accommodate
participation in this expedited process by other local governments and federal agencies as
circumstances warrant.
(6) In order to facilitate local government's option to participate in this expedited review process,
the office shall, in cooperation with local governments and participating state agencies, create a
standard form memorandum of agreement. A local government shall hold a duly noticed public
workshop to review and explain to the public the expedited permitting process and the terms and
conditions of the standard form memorandum of agreement.
(7) The local government shall hold a duly noticed public hearing to execute a memorandum of
agreement for each qualified project. Notwithstanding any other provision of law, and at the
option of the local government, the workshop provided for in subsection (6) may be conducted on
the same date as the public hearing held under this subsection. The memorandum of agreement
that a local government signs shall include a provision identifying necessary local government
procedures and time limits that will be modified to allow for the local government decision on the
project within 90 days. The memorandum of agreement applies to projects, on a case-by-case
basis, that qualify for special review and approval as specified in this section. The memorandum of
agreement must make it clear that this expedited permitting and review process does not modify,
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qualify, or otherwise alter existing local government nonprocedural standards for permit
applications, unless expressly authorized by law.
(8) At the option of the participating local government, appeals of its final approval for a project
may be pursuant to the summary hearing provisions of s. 120.574, pursuant to subsection (1 5), or
pursuant to other appellate processes available to the local government. The local government's
decision to enter into a summary hearing must be made as provided in s. 120.574 or in the
memorandum of agreement.
(9) Each memorandum of agreement shall include a process for final agency action on permit
applications and local comprehensive plan amendment approvals within 90 days after receipt of a
completed application, unless the applicant agrees to a longer time period or the office determines
that unforeseen or uncontrollable circumstances preclude final agency action within the 90-day
timeframe. Permit applications governed by federally delegated or approved permitting programs
whose requirements would prohibit or be inconsistent with the 90-day timeframe are exempt from
this provision, but must be processed by the agency with federally delegated or approved program
responsibility as expeditiously as possible.
(10) The office shall inform the Legislature by October 1 of each year which agencies have not
entered into or implemented an agreement and identify any barriers to achieving success of the
program.
(1 1) The memoranda of agreement may provide for the waiver or modification of procedural rules
prescribing forms, fees, procedures, or time limits for the review or processing of permit
applications under the jurisdiction of those agencies that are party to the memoranda of
agreement. Notwithstanding any other provision of law to the contrary, a memorandum of
agreement must to the extent feasible provide for proceedings and hearings otherwise held
separately by the parties to the memorandum of agreement to be combined into one proceeding or
held jointly and at one location. Such waivers or modifications shall not be available for permit
applications governed by federally delegated or approved permitting programs, the requirements
of which would prohibit, or be inconsistent with, such a waiver or modification.
(1 2) The memoranda of agreement shall include guidelines to be used in working with state,
regional, and local permitting authorities. Guidelines may include, but are not limited to, the
following:
(a) A central contact point for filing permit applications and local comprehensive plan
amendments and for obtaining information on permit and local comprehensive plan amendment
requirements;
(b) Identification of the individual or individuals within each respective agency who will be
responsible for processing the expedited permit application or local comprehensive plan
amendment for that agency;
(c) A mandatory preapplication review process to reduce permitting conflicts by providing
guidance to applicants regarding the permits needed from each agency and governmental entity,
site planning and development, site suitability and limitations, facility design, and steps the
applicant can take to ensure expeditious permit application and local comprehensive plan
amendment review. As a part of this process, the first interagency meeting to discuss a project
shall be held within 14 days after the office's determination that the project is eligible for
expedited review. Subsequent interagency meetings may be scheduled to accommodate the needs
of participating local governments that are unable to meet public notice requirements for
executing a memorandum of agreement within this timeframe. This accommodation may not
exceed 45 days from the office's determination that the project is eligible for expedited review;
(d) The preparation of a single coordinated project description form and checklist and an
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agreement by state and regional agencies to reduce the burden on an applicant to provide
duplicate information to multiple agencies;
(e) Establishment of a process for the adoption and review of any comprehensive plan amendment
needed by any certified project within 90 days after the submission of an application for a
comprehensive plan amendment. However, the memorandum of agreement may not prevent
affected persons as defined in s. 163.3184 from appealing or participating in this expedited plan
amendment process and any review or appeals of decisions made under this paragraph; and
(f) Additional incentives for an applicant who proposes a project that provides a net ecosystem
benefit .
(1 3) The applicant, the regional permit action team, and participating local governments may
agree to incorporate into a single document the permits, licenses, and approvals that are obtained
through the expedited permit process. This consolidated permit is subject to the summary hearing
provisions set forth in subsection (15).
(14) Notwithstanding any other provisions of law:
(a) Local comprehensive plan amendments for projects qualified under this section are exempt
from the twice-a-year limits provision in s. 163.3187; and
(b) Projects qualified under this section are not subject to interstate highway level-of-service
standards adopted by the Department of Transportation for concurrency purposes. The
memorandum of agreement specified in subsection (6) must include a process by which the
applicant will be assessed a fair share of the cost of mitigating the project's significant traffic
impacts, as defined in chapter 380 and related rules. The agreement must also specify whether the
significant traffic impacts on the interstate system will be mitigated through the implementation of
a project or payment of funds to the Department of Transportation. Where funds are paid, the
Department of Transportation must include in the 5-year work program transportation projects or
project phases, in an amount equal to the funds received, to mitigate the traffic impacts
associated with the proposed project.
(1 5)(a) Challenges to state agency action in the expedited permitting process for projects
processed under this section are subject to the summary hearing provisions of s. 120.574, except
that the administrative law judge's decision, as provided in s. 120.574(2)(f), shall be in the form of
a recommended order and shall not constitute the final action of the state agency. In those
proceedings where the action of only one agency of the state is challenged, the agency of the state
shall issue the final order within 10 working days of receipt of the administrative law judge's
recommended order. In those proceedings where the actions of more than one agency of the state
are challenged, the Governor shall issue the final order within 10 working days of receipt of the
administrative law judge's recommended order. The participating agencies of the state may opt at
the preliminary hearing conference to allow the administrative law judge's decision to constitute
the final agency action. If a participating local government agrees to participate in the summary
hearing provisions of s. 120.574 for purposes of review of local government comprehensive plan
amendments, s. 163.31 84(9) and (1 0) apply.
(b) Challenges to state agency action in the expedited permitting process for establishment of a
state-of-the-art biomedical research institution and campus in this state by the grantee under s.
288.955 are subject to the same requirements as challenges brought under paragraph (a), except
that, notwithstanding s. 120.574, summary proceedings must be conducted within 30 days after a
party files the motion for summary hearing, regardless of whether the parties agree to the
summary proceeding.
(16) The office, working with the agencies participating in the memoranda of agreement, shall
review sites proposed for the location of facilities eligible for the Innovation Incentive Program
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under s. 288.1089. Within 20 days after the request for the review by the office, the agencies shall
provide to the office a statement as to each site's necessary permits under local, state, and federal
law and an identification of significant permitting issues, which if unresolved, may result in the
denial of an agency permit or approval or any significant delay caused by the permitting process.
(17) This expedited permitting process shall not modify, qualify, or otherwise alter existing agency
nonprocedural standards for permit applications or local comprehensive plan amendments, unless
expressly authorized by law. If it is determined that the applicant is not eligible to use this
process, the applicant may apply for permitting of the project through the normal permitting
processes.
(18) The office shall be responsible for certifying a business as eligible for undergoing expedited
review under this section. Enterprise Florida, Inc., a county or municipal government, or the Rural
Economic Development Initiative may recommend to the Office of Tourism, Trade, and Economic
Development that a project meeting the minimum job creation threshold undergo expedited
review.
(19) The office, working with the Rural Economic Development Initiative and the agencies
participating in the memoranda of agreement, shall provide technical assistance in preparing
permit applications and Local comprehensive plan amendments for counties having a population of
less than 75,000 residents, or counties having fewer than 100,000 residents which are contiguous to
counties having fewer than 75,000 residents. Additional assistance may include, but not be limited
to, guidance in land development regulations and permitting processes, working cooperatively with
state, regional, and local entities to identify areas within these counties which may be suitable or
adaptable for preclearance review of specified types of land uses and other activities requiring
permits.
(20) The following projects are ineligible for review under this part:
(a) A project funded and operated by a local government, as defined in s. 377.709, and located
within that government's jurisdiction.
(b) A project, the primary purpose of which is to:
1. Effect the final disposal of solid waste, biomedical waste, or hazardous waste in this state.
2. Produce electrical power, unless the production of electricity is incidental and not the primary
function of the project.
3. Extract natural resources.
4. Produce oil.
5. Construct, maintain, or operate an oil, petroleum, natural gas, or sewage pipeline.
History.--s. 148, ch. 96-320; s. 2, ch. 97-28; s. 9, ch. 99-244; s. 221, ch. 99-245; s. 91, ch. 2000-
165; S. 14, ch. 2000-317; S. 3, ch. 2003-420; S. 6, ch. 2006-55.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright 0 2000-2006 State of Florida.
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a
Date Prepared: January 4,2007
RESOLUTION 10,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ESTABLISHING THE INTENT OF
THE CITY TO ENTER INTO A MEMORANDUM OF AGREEMENT
WITH THE OFFICE OF TOURISM, TRADE, AND ECONOMIC
DEVELOPMENT FOR THE REVIEW OF ELIGIBLE BIOSCIENCE /
LIFE SCIENCE PROJECTS WITHIN THE BIOSCIENCE RESEARCH
PROTECTION OVERLAY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City recognizes that the location of The Scripps Research
Institute's ("TSRI") operations onto Florida Atlantic University's John D. McArthur
Campus ("FAU Jupiter Campus") and a portion of the Briger Parcel in Palm Beach
Gardens ("Briger") will further the vision of the Governor and the State of Florida to
create an economic development cluster to support TSRI; and
WHEREAS, the City recognizes that the creation of an economic development
cluster to support TSRI will ensure a diversified economy and provide high-wage
employment within Palm Beach County, the Treasure Coast Region, and the State; and
WHEREAS, to fulfill this commitment, the City has adopted amendments to its
Comprehensive Plan that establishes a Bioscience Research Protection Overlay
(BRPO), and that provides a super majority vote requirement to protect land identified in
the Overlay; and
WHEREAS, the City Council has determined that it is in the best interests of the
City of Palm Beach Gardens to utilize the expedited permitting process established in
Section 403.973, Florida Statutes, and to enter into a Memorandum of Agreement with
the Office of Tourism, Trade, and Economic Development (OITED) for Bioscience/Life
Science Projects located within the BRPO; and
WHEREAS, a duly noticed Workshop has been held consistent with the
requirements of Section 403.973, Florida Statutes; 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 COUNCJL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: January 4,2007
Resolution 10.2007
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SECTION 2. The City Council hereby establishes its intent to enter into a
Memorandum of Agreement (proposed MOA is attached hereto as Exhibit A) with the
Governor's Office of Tourism, Trade, and Economic Development (OTTED) for the
review of Bioscience/Life Science Projects located within the Bioscience Research
Protection Overlay.
SECTION 3. The City shall schedule and duly notice a Public Hearing consistent
with the requirements of Section 403.973, Florida Statutes, to authorize execution of
such Memorandum of Agreement.
SECTION 4. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 4,2007
Resolution 10,2007
PASSED AND ADOPTED this day of ,2007
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR LEVY ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTIONS\MOA approval - reso 10 2007.doc
3
ECONOMIC DEVELOPMENT MEMORANDUM OF AGREEMENT
A COOPERATIVE AGREEMENT
BENVEEN
THE OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
AND
THE CITY OF PALM BEACH GARDENS
1. Background and Purpose of Agreement
The purpose of this Memorandum of Agreement (MOA) is to establish an
understanding that the Parties elect to streamline, consolidate, and expedite the
review process for BioscienMife Science Projects within the Bioscience Oveday
while maintaining existing environmental and regulatory protections in the event
that such a project is certified for the Expedited Permitting Review Process,
pursuant to Section 403.973, Florida Statutes.
The City of Palm Beach Gardens (hereinafter “City”), the Governor, and the
Legislature recognize the importance of the biosciencenife science sector as an
economic engine that creates high-skillhigh-wage jobs, and strengthens and
diversifies the economy. It is also recognized that such projects must be
thoughtfully planned to take into account the protection of the environment. These
projects may involve activities requiring several permits and frequently trigger a
series of regulatory reviews. Such projects may also confront multi-jurisdictional
issues which overlap the reviewing authority of federal, state, regional, and local
governmental entities. Accordingly, the Legislature enacted, and the Governor
signed into law, Section 403.973, Florida Statutes, creating the Expedited
Permitting Review Process.
The Expedited Permitting Review Process (Process) requires the Office of
Tourism, Trade, and Economic Development (OTTED) to certify projects eligible to
use the Process and create regional permit action teams (RPATs). RPATs consist
of signatory agencies to this and similar MOAS, as well as other agencies, which
have agreed to participate and may have jurisdiction over a certified project. Each
RPAT is specifically established to expedite permit review for a certified project.
This MOA establishes an understanding that, should a project meeting the sector
eligibility criteria established for the bioscience overlay described in Exhibit “A”
(hereinafter “Biosciencehife Science Pro~f”), attached hereto and incorporated
herein by reference, be certified by OTTED as eligible to use the Process, the City
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will participate in the Process and on a RPAT. (The Expedited Permitting Review
Process does not modify, qualify, or otherwise alter existing state or regional
agency or City non-procedural standards for permit approval unless expressty
authorized by law.) This participation will be consistent with Section 403.973,
Florida Statutes, the commitments articulated in Section II, the operating
procedures set forth in Section 111 of this MOA, and the land development
regulations of the City. Participation shall be confirmed and established for a
particular project by execution of a project-specific Memorandum of Agreement
substantially similar to the one attached to this MOA as Exhibit “B” and
incorporated herein by this reference, following a public hearing as required by
Section 403.973 (7), Florida Statutes.
II. Statement of Commitment
A. The City makes the following specific commitments in the event that a
Bioscience Pmjecf qualifies for Expedited Permitting Review and meets the
sector eligibility criteria established in “Exhibit A.” These commitments shall
be exercised upon approval by OTTED of the use of the Expedited Permitting
Review Process for a Bioscience/Life Science Pro@ and execution of a
project-specific Memorandum of Agreement.
1. To have at least one staff representative serve on the RPAT established
by OTTED for a Biosciencehfe Science Project.
2. To expedite the application review process for a BioscienceAife Science
PfOj9ct.
3. To inform OTTED and the project coordinator of issues which, if not
resolved, could lead to a delay, denial, or nonapproval of one or more
permits or approvals for a BioscienceAife Science Project.
4. To consider the waiver or modification of specific procedural rules to
expedite final agency action within 90 days after receipt of a completed
application (unless the applicant agrees to a longer time period or
significant circumstances such as natural disasters preclude final
agency action within the 90day time frame, not including any time
necessary to complete any administrative or appellate proceedings that
will affect the issuance of the permit). No procedural rule shall be
waived if such waiver will result in a threat to the health, safety, or
welfare of the City’s citizens.
5. To invite participation in the Process by agencies not party to this or
similar MOAS, where appropriate.
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6. To assist and work closely with applicable state, regional, and other
local governments in preparation of local comprehensive plan
amendments or developments of regional impact, as appropriate.
7. To educate City staff about a Biosciencebife Science Project and their
role on the RPAT as well as the Process in general.
8. To implement the Operating Procedures outlined in Section 111 of this
MOA.
111. Operating Procedures
The Parties agree to the following procedures in the event that a BioscienceLife
Science Pm- qualifies for Expedited Permitting Review and meets the industry
eligibility guidelines established in “Exhibit A.” These procedures will be instituted
upon approval by OTTED of the use of the Expedited Permitting Review Process
for a Bioscience&& Science Project and execution of a project-specific
Memorandum of Agreement.
A.
1. When OlTED has certified a Biosciencehfe Science Projecf for the
Process, OlTED will immediately notify the City and provide a copy of
the completed Projected Description Form submitted by the
BioscienceLife Science Project.
2. OlTED will arrange the initial interagency meeting, which may also
serve as the pre-application meeting, no later than 14 days after
OlTED’s certification of the BioscienWfe Science Project. The
meeting will be conducted in the City. Participating agencies, including
the City, will confirm their attendance at the meeting with OTIED.
3. If, after reviewing the Project Description Form, the City concludes that it
has no jurisdiction over the Project, it will so advise OTTED, in writing,
within 14 days of receipt of the Project Description Form.
6. Pre-application Meeting.
1. Purpose. The purpose of the initial or pre-application meeting is to
reduce potential conflicts by providing guidance to applicants regarding:
a. Approvals required by the City and agencies with jurisdiction.
b. Issues relating to site suitability, planning and development,
infrastructure requirements and costs, and facility design.
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c. Steps the applicant, the City, and other agencies with jurisdiction can
take to ensure expeditious review.
d. Additional incentives available to a project that results in a net
ecosystem benefit. These incentives may include, but not be limited
to, long-term permits, conceptual permits suitable for enabling
applicants to receive financing with ready conversions to
construction permits, and assistance with surface water, storm water,
and wastewater management systems, waste reduction, and
pollution prevention.
e. If the project creates traffic impacts, the project shall be required to
provide its fair share of contribution for traffic impacts as described
in a separate agreement, except for impacts to local government’s
roadways, as further addressed in each project-specific MOA.
f. Procedural requirements and time limitations, if any, which must be
modified by the City to provide the expedited review for a certified
project shall be listed in a separate agreement.
2. Meeting Preparation.
Unless the City notifies OTTED that it does not have jurisdiction over
the project, it is assumed that the City will have adequately prepared for
the meeting and contributed to the expedited outcomes as follows:
a. City staff will bring to the meeting and provide to the applicant copies
of any regulations, ordinances, and application forms that are
necessary.
b City staff will provide at the meeting a time schedule which
incorporates all relevant City deadlines as well as the time and
location of required public hearings.
3. Outcomes of the Pre-Application Meeting.
a. A comprehensive list of federal, state, regional, and local agencies
which may have jurisdiction over the project.
b. Designation of the agency which will be the overall project
coordinator, the central point of contact in the City, the identification
of all agencies including City agencies which will be members of the
RPAT, and the lead contact in each participating agency and local
government entity.
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c. A complete list of permits and approvals required for the project.
Local governments participating in the Process for a Biosciencekife
Science Project will determine, on a project-by-project basis, which
permits and approvals will be included. Those permits and
approvals will be specifically identified and attached to each project-
specific MOA.
d. The identification of any special studies or reviews that may affect
the time schedule and a determination of the applicant’s role in the
conduct of these studies or reviews.
e. The identification of any issues of significant concern that may affect
the outcome of the Project’s review.
f. The development of a consolidated time schedule for the permits
and approvals which the City has determined will be required for
each BioscienWfe Science Project. This consolidated time
schedule will incorporate all required deadlines, including public
meetings and notices. Any subsequent modifications to this
schedule and their impact on the completion date will be immediately
communicated in writing or by telephone followed by a written
communication to O’ITED, all participating agencies, and the
applicant.
g. Identification of duplicate requests for information and agreement by
participating agencies and local government entities as to how such
duplication can be reduced or eliminated.
h. Nothing in this MOA or similar MOAS executed by other agencies
precludes the use of multiple pre-application meetings.
C. Statement as to the Proposed Project’s Permittability.
1.
2.
3.
Within 30 days of the pre-application meeting, City staff will provide to
OITED and the applicant a statement as to the Project’s permittability
and an identification of significant permitting issues. Significant
permitting issues are those issues which, if unresolved, may result in
the denial of a City permit or approval.
In the event that the City cannot meet the deadline, the City shall notify
OTTED at the earliest opportunity of its inability to do so.
This statement is not binding upon the City and is only intended to
assist the applicant in the evaluation of obstacles and opportunities in
5
the project approval process and in completing the necessary
applications.
IV. Implementation
A.
B.
C.
D.
E.
F.
This MOA shall take effect immediately upon signature by the parties
involved.
The City may identify the payment of fees associated with its review of
applications and public notice expenses associated with execution of each
project-specific MOA, as well as expenses of other public hearings
associated with comprehensive plan amendments, development of regional
impact development orders, and other land-use noticing provisions. Such
identification may be included in each project-specific MOA.
Copies of the public notices published by the City and required for the public
workshop required under Section 403.973 (6), Florida Statutes, shall be
attached hereto and incorporated herein as ”Exhibit C.” Documentation that
the public notices met the duly noticed requirements of Section 403.973
(2)(a), Florida Statutes, shall also be attached to this MOA as part of “Exhibit
C.”
Copies of the public notices published by the City and required for the public
hearing required under Section 403.973 (7), Florida Statutes, shall be
attached to each project-specific MOA. Documentation that the public
notices met the duly noticed requirements of Section 403.973 (2)(a), Florida
Statutes, shall also be attached to each project-specific MOA.
This MOA shall be reviewed periodically by all parties. If revisions are
needed, notification shall be given to the parties, in writing, of the specific
changes desired with the proposed modification language and the reasons
for the revisions. With the mutual consent of the parties, the proposed
changes shall become effective when the parties to the MOA have signed a
modification to this Agreement.
The City may terminate this MOA at any time upon written notice to OTTED.
V. Appeal Process Designation
Pursuant to Section 403.973(13), Florida Statutes, at the option of the City,
appeals of its final approval for a project may be pursuant to the summary hearing
provisions of Section 120.574, Florida Statutes, or pursuant to other appellate
processes available to it. Such Appeal Process Designation shall be included in
each project-specific MOA.
6
VI. Transportation Mitigation
As provided in Section 403.973( 12)(b), Florida Statutes, the process by which
each Bioscience/Life Science Project will be assessed a fair share of the cost of
mitigating the Project’s significant traffic impacts, as defined in Chapter 380,
Florida Statutes, and related rules shall be included in each project-specific MOA.
As further provided in Section 403.973( 12)(b), Florida Statutes, the information to
be included in each project-specific MOA shall also specify whether the significant
traffic impacts on the interstate system will be mitigated through the
implementation of a project or payment of funds to the Florida Department of
Transportation (FDOT). Modifications to this information may be made from time
to time as the mitigation proposal(s) are developed and agreed to by the
Bioscience/Life Science Projecf, the City, and the FDOT.
(The remainder of this page left intentionally blank)
7
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement this day of , 2007.
CITY OF PALM BEACH GARDENS, a Florida
Municipal Corporation
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
OFFICE OF TOURISM, TRADE, AND
ECONOMIC DEVELOPMENT
By:
Pamella J. Dana, Director
G:\attomay_share\AGREEMENTSVocal Bioscience MOA Dmft.DOC
Biosaence MOA Drafl
As of 9/18/06 a
Exhibit A
The Bioscience Research Protection Overlay (BRPO) contains the following described
properties within the City of Palm Beach Gardens, containing a total of 571.79 acres,
more or less, as more particularly described below:
GARDENS STATION
LAND DESCRIPTION: TRACT A AND TRACT B
TRACT A
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43, EAST PALM BEACH COUNTY, FLORIDA; DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PLAT OF RCA PARK, AS
RECORDED IN PLAT BOOK 83, PAGE 63 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE 88O08’18” WEST, ALONG THE NORTH LINE
OF SAID PLAT OF RCA PARK, A DISTANCE OF 506.30 FEET; THENCE NORTH
01°50’34” EAST, A DISTANCE OF 356.19 FEET; THENCE SOUTH 88O08’18” EAST, A
DISTANCE OF 407.81 FEET TO A POINT IN THE WEST LINE OF THE F.E.C.
LINE A DISTANCE OF 369.59 FEET TO THE POINT OF BEGINNING.
RAILROAD RIGHT-OF-WAY; THENCE SOUTH 13O36’46” EAST, ALONG SAID WEST
CONTAINING 162,799 SQUARE FEET (3.734 ACRES, MORE OR LESS).
TRACT B
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43 EAST, AND SECTION 1 OF TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF RCA
PARK, AS RECORDED IN PLAT BOOK 83, PAGE 63 THROUGH PAGE 64 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 88OO8’18W,
ALONG THE NORTH LINE OF SAID PLAT OF RCA PARK, A DISTANCE OF 586.30
FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SAID NORTH LINE OF
THE PLAT OF RCA PARK THE FOLLOWING TWO (2) COURSES AND DISTANCES:
1. N 88O08’18” W A DISTANCE OF 308.47 FEET; 2. N 88O10’56” W A DISTANCE OF
217.18 FEET TO A POINT IN THE EAST LINE OF RCA BOULEVARD; THENCE N
10°13’44” W, ALONG SAID EAST LINE A DISTANCE OF 194.30 FEET; THENCE S
88O08’18” E A DISTANCE OF 178.00 FEET; THENCE N OO50’34” E A DISTANCE OF
166.36 FEET; THENCE S 88O08’18” E A DISTANCE OF 388.29 FEET; THENCE S
0°50’34” W A DISTANCE OF 356.19’ TO THE POINT OF BEGINNING.
CONTAINING 168257.225 SQUARE FEET OR 3.86 ACRES, MORE OR LESS.
Bioscience MOA Draft
As of 9/18/06 9
NORTHCORP PCD
THE PLAT OF RCA PARK, A REPLAT OF RCA BOULEVARD CENTER PLAT, AS
RECORDED IN PLAT BOOK 83, PAGES 63 AND 64, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, CONSISTING OF 6.17 ACRES, MORE OR LESS.
TOGETHER WITH:
THE PLAT OF SOUTH PARK CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
87 AND 88, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 49.40 ACRES, MORE OR LESS.
TOGETHER WITH:
THE PLAT OF NORTHCORP CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
93 AND 94, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 29.48 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF WEST PARK CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
91 AND 92, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 17.64 ACRES, MORE OR LESS.
CONTAINING IN ALL, 102.69 ACRES, MORE OR LESS.
PARCEL 5A
ALL THAT PORTION OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST,
AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CITY OF PALM
BEACH GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND
ALSO SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN
PLAT BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 1-95; AND LYING NORTHERLY
OF THE NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR SAID
INTERSTATE HIGHWAY 1-95 AND NORTHERLY OF THE NORTH RIGHT-OF-WAY
LINE OF PGA BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-
OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD.
LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED
AS PARCEL 100, AS RECORDED IN OFFICIAL RECORD BOOK 10839, PAGE 1477,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
Bioscience MOA Draft
As of 911 8/06 10
LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO THE
OFFICIAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK
18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLO R I DA .
CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN
CONTAINING 84.21 ACRES, MORE OR LESS.
PARCEL 5B
ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK
96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 26.13 ACRES, MORE OR LESS.
PARCEL 31.04 I 31.06
PARCELS 31.04 AND 31.05
A PARCEL OF LAND SITUATED IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH,
RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE
RECORD BOOK 5805, PAGE 181 OF THE PUBLIC RECORDS OF PALM BEACH
BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND DESCRIBED IN
OFFICIAL RECORD BOOK 5104, PAGE 945 AND OFFICIAL RECORD BOOK 5805,
PAGE 181 OF THE SAID PUBLIC RECORDS; THENCE NORTH 40'53'44" EAST,
DISTANCE OF 1,105.83 FEET; THENCE NORTH 46'22'41" WEST, CONTINUING
NORTHEAST RIGHT-OF-WAY OF INTERSTATE 1-95 AS DESCRIBED IN OFFICIAL
COUNTY, FLORIDA AND THE SOUTHEAST RIGHT-OF-WAY OF CENTRAL
ALONG SAID SOUTHEAST RIGHT-OF-WAY OF CENTRAL BOULEVARD, A
ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 39.99 FEET; THENCE NORTH
43'37'28" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY, A DISTANCE OF
24.53 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 46'22'32"
WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE OF 15'38'58";
THENCE PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND
RIGHT-OF-WAY LINE, A DISTANCE OF 538.03 FEET; THENCE DEPARTING SAID
RIGHT-OF-WAY LINE SOUTH 66'38'32" EAST, A DISTANCE OF 316.95 FEET TO A
POINT ON A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1149.42
FEET, A RADIAL BEARING OF NORTH 24'34'53" EAST AND A CENTRAL ANGLE
OF 09'27'21"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 189.70 FEET; THENCE SOUTH 16'20'57" WEST, A DISTANCE OF
957.79 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST
HAVING A RADIUS OF 1146.00 FEET AND A CENTRAL ANGLE OF 28'21'19";
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 567.15
FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE
Bioscience MOA Draft
As of 9/18/06 11
WEST, HAVING A RADIUS OF 3100.00 FEET AND A CENTRAL ANGLE OF
13'25'31"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 726.38 FEET; THENCE SOUTH 01 '25'08" WEST, A DISTANCE OF 341.92 FEET;
THENCE NORTH 88'34'52" WEST, A DISTANCE OF 456.20 FEET TO A POINT ON
OFFICIAL RECORD BOOK 5805, PAGE 181; THENCE NORTH 30'31'49" WEST,
HAVING A RADIAL BEARING OF NORTH 59'28'11" EAST, A RADIUS OF 24424.13
FEET, AND A CENTRAL ANGLE OF 2'17'55"; THENCE PROCEED NORTHERLY
DISTANCE OF 979.82 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
THE NORTHEAST RIGHT-OF-WAY OF SAID INTERSTATE 1-95 AS DESCRIBED IN
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 641.05 FEET TO A CURVE
AND WESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE, A
CONTAINING 2,203,436.10 OR 50.58 ACRES, MORE OR LESS.
PARCEL 31.06 I 31.07
PARCEL 31.06:
A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF
CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88, AND AS
DESCRIBED IN OFFICIAL RECORDS BOOK 5104, PAGE 945 OF THE PUBLIC
WAY LINE OF HOOD ROAD AS DESCRIBED IN DEED BOOK 1083, PAGE 141 OF
SAID PUBLIC RECORDS; THENCE SOUTH 00'47'15" WEST, ALONG SAID WEST
TO A CURVE HAVING A RADIAL BEARING OF NORTH 89'12'45" WEST, A RADIUS
OF 1849.86 FEET, AND A CENTRAL ANGLE OF 30'21'50"; THENCE PROCEED
A DISTANCE OF 980.33 FEET TO A POINT OF CUSP WITH A CURVE HAVING A
RADIAL BEARING OF SOUTH 39'08'41" WEST, A RADIUS OF 1669.35 FEET, AND
LINE, PROCEED NORTHERLY AND WESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 784.30 FEET TO THE END OF SAID CURVE AND THE
WEST LINE OF SAID SECTION 36; THENCE NORTH 00'48'04" EAST, ALONG SAID
RECORDS OF PALM BEACH COUNTY, FLORIDA, WITH THE SOUTH RIGHT-OF-
RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD, A DISTANCE OF 219.76 FEET
SOUTHERLY ALONG THE ARC OF SAID CURVE AND WEST RIGHT-OF-WAY LINE,
A CENTRAL ANGLE OF 26'55'08"; THENCE DEPARTING SAID RIGHT-OF-WAY
WEST LINE, A DISTANCE OF 845.73 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF HOOD ROAD; THENCE SOUTH 88'08'02" EAST, ALONG SAID SOUTH RIGHT-
OF-WAY LINE, A DISTANCE OF 958.59 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL.
Bioscience MOA Draft
As of 9/18/06 12
LESS AND EXCEPT FROM SAID PARCEL 31.06 A PORTION OF LAND SITUATED
IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF HOOD
WEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD, AS RECORDED IN
ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1083, PAGE 141, AND THE
OFFICIAL RECORDS BOOK 5104, PAGE 945, IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 00'47'15" WEST, ALONG THE WEST
LINE, A DISTANCE OF 81.96 FEET; THENCE NORTH 88'08'02" WEST, A
DISTANCE OF 313.03 FEET; THENCE NORTH 01'52'03" EAST, A DISTANCE OF
AFOREMENTIONED HOOD ROAD; THENCE SOUTH 88'08'02" EAST, ALONG SAID
BEG1 NNING.
RIGHT-OF-WAY LINE OF SAID CENTRAL BOULEVARD, A DISTANCE OF 60.91
FEET; THENCE NORTH 43'40'21" WEST, DEPARTING SAID WEST RIGHT-OF-WAY
3.50 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE
SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 370.38 FEET TO THE POINT OF
PARCEL 31.07:
A PARCEL OF LAND SITUATE IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH,
RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE QUARTER SECTION CORNER LOCATED IN THE EAST LINE
OF SAID SECTION 35; THENCE NORTH 00'48'04" EAST, ALONG THE EAST LINE
OF SAID SECTION 35, A DISTANCE OF 431.06 FEET TO A CURVE HAVING A
RADIAL BEARING OF SOUTH 12'13'33" WEST, A RADIUS OF 1669.35 FEET, AND
A CENTRAL ANGLE OF 26'55'08"; THENCE PROCEED EASTERLY AND
SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 784.30 FEET
CUSP WITH A CURVE HAVING A RADIAL BEARING OF NORTH 58'50'55" WEST, A
RADIUS OF 1849.86 FEET, AND A CENTRAL ANGLE OF 12'28'23"; THENCE
PROCEED SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE AND
TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AND A POINT OF
WEST RIGHT-OF-WAY LINE, A DISTANCE OF 402.71 FEET TO THE END OF SAID
CURVE; THENCE SOUTH 43'39'27" WEST, ALONG SAID RIGHT-OF-WAY LINE, A
RIGHT-OF-WAY LINE, A DISTANCE OF 385.1 3 FEET; THENCE SOUTH 50'04'51 'I
WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 266.82 FEET;
THENCE SOUTH 43'37'28'' WEST, ALONG SAID RIGHT-OF-WAY LINE, A
DISTANCE OF 370.97 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE
1-95; THENCE NORTH 28'00'06" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE,
A DISTANCE OF 11 14.1 5 FEET TO THE EAST-WEST QUARTER SECTION LINE IN
DISTANCE OF 24.54 FEET; THENCE SOUTH 45'06'35" WEST, ALONG SAID
SAID SECTION 35; THENCE SOUTH 87'56'04" EAST, ALONG SAID QUARTER
SECTION LINE, A DISTANCE OF 81 1.69 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL.
Bioscience MOA Draft
As of 9/18/06 13
SAID LANDS SITUATE, LYING, AND BEING IN PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 41.78 ACRES, MORE OR LESS.
PGA NATIONAL COMMERCE PARK
ALL OF THE PLAT OF THE P.G.A. NATIONAL COMMERCE PARK, RECORDED IN
PLAT BOOK 55, PAGE 160, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
CONTAINING IN ALL 1,457,256 SQUARE FEET OR 8.52 ACRES, MORE OR LESS.
THE POINTE
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM
TRAIL AS RECORDED IN DEED BOOK 815, PAGE 581, AND OFFICIAL RECORD
BOOK 2439, PAGE 985, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
BEACH COUNTY, FLORIDA. SUBJECT TO THE RIGHT-OF-WAY OF MILITARY
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34,
PAGES 139 THRU 145; THENCE NORTH 00 DEGREES 59' 20" EAST 9.00 FEET;
THENCE NORTH OI"43'57" EAST 733.64 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 01'43'24" EAST 633.61 FEET; THENCE NORTH 88"16'36" WEST
81.42 FEET; THENCE SOUTH 01'43'24" WEST 71.37 FEET; THENCE SOUTH
05'32'1 4" WEST 180.40 FEET; THENCE SOUTH 01 '43'24" WEST 303.1 3 FEET TO
THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS
OF 136.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 35'49'24" A DISTANCE OF 85.03 FEET TO THE END OF
SAID CURVE; THENCE SOUTH 88"30'43" EAST 119.04 FEET TO THE POINT OF
BEGINNING.
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34,
PAGES 139 THRU 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE
NORTH 01 '43'57" EAST 733.64 FEET; THENCE NORTH 88"30'43" WEST 340.43
FEET TO THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1051.92 FEET;
THENCE FROM A TANGENT BEARING OF NORTH 41'19'54" WEST RUN
Bioscience MOA Draft
As of 9/18/06 14
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
07'27'34" A DISTANCE OF 136.95 FEET TO THE END OF SAID CURVE; THENCE
NORTH 33'52'20" WEST 707.12 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 31 80.05 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
01'06'22" A DISTANCE OF 61.39 FEET TO THE END OF SAID CURVE; THENCE
NORTH 88'32'02" WEST 335.22 FEET; THENCE SOUTH 01 '48'46" WEST 178.81
FEET; THENCE SOUTH 26'31'40" EAST 482.71 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 11,553.16 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 00'43'22" A DISTANCE OF 145.73 FEET TO THE END OF SAID CURVE;
THENCE SOUTH 88'30'43" EAST 570.79 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34,
PAGES 139 THRU 145; THENCE NORTH 00'59'20'' EAST 9.00 FEET; THENCE
NORTH 01 '43'57'' EAST 733.64 FEET; THENCE NORTH 88'30'43" WEST 91 1.22
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88'30'43"
WEST 299.14 FEET; THENCE NORTH 01'48'46" EAST 554.37 FEET; THENCE
SOUTH 26"31'40" EAST 482.71 FEET TO THE BEGINNING OF A TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 11,553.16 FEET; THENCE SOUTHEASTERLY
ALONG SAID CURVE 145.73 FEET THROUGH A CENTRAL ANGLE OF 00'43'22"
TO THE END OF SAID CURVE AND THE POINT OF BEGINNING.
TOGETHER WITH:
A PORTION OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER (SE
1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 1, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE NORTH 00'59'20" EAST A DISTANCE OF 9.00 FEET
TO A POINT; THENCE NORTH 01 '43'57" EAST A DISTANCE OF 733.64 FEET TO A
POINT ON THE NORTH LINE OF SAID SOUTH HALF (S 1/2), SOUTHEAST
QUARTER (SE %), NORTHWEST QUARTER (NW %); THENCE NORTH 88'30'43"
W, ALONG SAID NORTH LINE, A DISTANCE OF 119.15 FEET TO THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE
NORTH 88'30'43" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 221.28
HAVING A RADIUS OF 1051.92 FEET, A CENTRAL ANGLE OF l"03'55" AND A
CHORD BEARING OF SOUTH 41'51'52' EAST, SAID POINT ALSO LYING ON THE
FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST
Bioscience MOA Draft
As of 9/18/06 15
EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 9 (1-95) AS NOW LAID
AND SAID RIGHT-OF-WAY LINE, A DISTANCE OF 19.56 FEET TO THE
OUT AND IN USE; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE
BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTH HAVING A
RADIUS OF 136.00 FEET AND A CENTRAL ANGLE OF IOO”03’25”; THENCE
DISTANCE OF 237.50 FEET TO THE POINT OF BEGINNING. BEARINGS RECITED
HEREIN ARE BASED UPON THE EAST LINE OF THE NORTHWEST QUARTER
(NW %) HAVING A BEARING OF N 01’43’24” E AND ALL OTHER BEARINGS ARE
RELATIVE THERETO.
EASTERLY, ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY LINE, A
CONTAINING 9.1 5 ACRES, MORE OR LESS.
LEGENDS AT THE GARDENS
PARCEL 4.01
A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 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 WEST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 00’48’04” WEST, ALONG SAID WEST RIGHT-OF-
WAY LINE, (THE WEST 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 DISTANCE OF 491.30 FEET;
THENCE SOUTH 00’48’04” WEST, A DISTANCE OF 347.64 FEET TO SAID RIGHT-
OF-WAY’S INTERSECTION WITH A NON-TANGENT CURVE HAVING A RADIAL
BEARING OF NORTH 04’41’11” EAST, A RADIUS OF 840.06 FEET, AND A
CENTRAL ANGLE OF 55’12’02”; THENCE PROCEED WESTERLY AND
NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 809.34 FEET TO
THE END OF SAID CURVE; THENCE SOUTH 89’50’06’’ EAST, A DISTANCE OF
223.01 FEET; THENCE NORTH 01’20’37’’ EAST, A DISTANCE OF 359.66 FEET;
THENCE NORTH 01’20’37’’ EAST, A DISTANCE OF 65.43 FEET; THENCE SOUTH
89’50’06” EAST, A DISTANCE OF 436.80 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL;
LESS AND EXCEPTING THEREFROM THAT CERTAIN RIGHT-OF-WAY
DESCRIBED IN OFFICIAL RECORDS BOOK 9567, PAGE 761, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
PARCEL 4.1 0
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A PARCEL OF LAND LYING 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 WEST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 00'48'04" WEST, ALONG SAID WEST RIGHT-OF-
WAY LINE (THE WEST 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 DISTANCE OF 838.94 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
SOUTH OO"48'04" WEST, A DISTANCE OF 430.37 FEET; THENCE NORTH 89'51'04"
WEST, A DISTANCE OF 923.93 FEET TO THE WEST LINE OF SAID SECTION 25;
THENCE NORTH OI"20'37" EAST, ALONG SAID WEST LINE, A DISTANCE OF
844.68 FEET; THENCE SOUTH 89'50'06" EAST, A DISTANCE OF 252.09 FEET TO A
CURVE HAVING A RADIAL BEARING OF NORTH 59'53'13" EAST, A RADIUS OF
840.06 FEET, AND A CENTRAL ANGLE OF 55'12'02"; THENCE PROCEED ALONG
THE ARC OF SAID CURVE, A DISTANCE OF 809.34 FEET TO THE END OF SAID
CURVE TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
CONTAINING 21.62 ACRES, MORE OR LESS.
BRIGER 30-ACRE PARCEL
THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE
SOUTH 89'55'48" WEST ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01 FEET; THENCE SOUTH
00'04'12" EAST, A DISTANCE OF 1280.00 FEET TO A POINT OF CURVATURE OF
A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10'02'48", AN ARC DISTANCE OF 212.17 FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET, THROUGH
A CENTRAL ANGLE OF 33"57'12", AN ARC DISTANCE OF 717.04 FEET TO A
POINT OF TANGENCY; THENCE SOUTH 44'04'12" EAST, A DISTANCE OF 19.33
FEET; THENCE SOUTH 00'55'48" WEST, A DISTANCE OF 56.57 FEET; THENCE
SOUTH 45'55'48" WEST, A DISTANCE OF 1046.96 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 53'07'48", AN ARC DISTANCE OF 46.36 FEET
TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE
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SOUTH, HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 16'13'00~', AN ARC
DISTANCE OF 28.30 FEET TO A POINT OF REVERSE CURVATURE WITH A
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 53'35'38", AN ARC DISTANCE OF 46.77 FEET TO A POINT
OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST,
HAVING A RADIUS OF 2376.96 FEET; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 33'26'46", AN ARC
DISTANCE OF 1387.54 FEET TO THE INTERSECTION WITH A RADIAL LINE;
THENCE NORTH 79'53'00" EAST, ALONG SAID RADIAL LINE, A DISTANCE OF
1166.96 FEET TO THE POINT OF BEGINNING.
CONTAINING 30.00 ACRES, MORE OR LESS.
BRIGER 40-ACRE PARCEL
THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE
SOUTH 89'55'48" WEST ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01 FEET; THENCE SOUTH
00'04'12" EAST, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 00'04'12" EAST, A DISTANCE OF 1140.00 FEET TO A
POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST HAVING A
RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 10'02'48", AN ARC DISTANCE OF
212.17 FEET TO THE INTERSECTION WITH A RADIAL LINE; THENCE SOUTH
79'53'00" WEST, ALONG A LINE RADIAL TO THE FOLLOWING CURVE, A
DISTANCE OF 1166.96 FEET TO A POINT ON SAID CURVE, CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE NORTHWESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10'02'48", AN ARC
DISTANCE OF 416.79 FEET TO A POINT OF TANGENCY; THENCE NORTH
00'04'12" WEST, A DISTANCE OF 1140.00 FEET; THENCE NORTH 44'55'47" EAST,
ROSS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 4296, PAGE 11 51 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH
PROLONGATION, A DISTANCE OF 1086.96 FEET; THENCE SOUTH 45'04'1 2"
EAST, A DISTANCE OF 56.57 FEET TO THE POINT OF BEGINNING.
A DISTANCE OF 56.57 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DONALD
89'55'47" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND EASTERLY
CONTAINING 40.00 ACRES, MORE OR LESS.
BRIGER 100-ACRE PARCEL
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As of 9/18/06 18
THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE
SOUTH 89'55'48" WEST ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 26, A DISTANCE OF 2670.60 FEET TO THE NORTH
QUARTER CORNER OF SAID SECTION 26; THENCE SOUTH 89'55'47" WEST,
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26,
A DISTANCE OF 947.37 FEET; THENCE SOUTH 00'04'12" EAST, A DISTANCE OF
146.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH OO"O4'12" EAST, A DISTANCE OF 1133.99 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A
RADIUS OF 2456.96 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 43"31'35", AN ARC DISTANCE OF
1866.50 FEET TO THE POINT OF REVERSE CURVATURE WITH A CURVE
CONCAVE TO THE WEST, HAVING A RADIUS OF 50.00 FEET; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 52'41'50", AN ARC DISTANCE OF 45.99 FEET TO THE POINT OF REVERSE
CURVATURE WITH A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF
100.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 196'18'04", AN ARC DISTANCE OF 342.61 FEET TO THE
POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 50.00 FEET; THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 53'07'48", AN ARC DISTANCE OF
46.36 FEET TO A POINT OF TANGENCY; THENCE NORTH 45'55'48" EAST, A
DISTANCE OF 1046.96 FEET; THENCE SOUTH 89'04'12" EAST, A DISTANCE OF
56.57 FEET; THENCE SOUTH 44'04'12" EAST, A DISTANCE OF 384.01 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST,
HAVING A RADIUS OF 1100.00 FEET; THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45"21'46", AN ARC
DISTANCE OF 870.90 FEET; THENCE SOUTH 65'39'59" WEST, A DISTANCE OF
RECORDED IN OFFICIAL RECORD BOOK 4296 PAGE 11 51, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA;
1873.81 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95 AS
THE FOLLOWING SIX (6) COURSES RUN ALONG SAID EASTERLY RIGHT-OF-
WAY LINE;
THENCE NORTH 28"00'12" WEST, A DISTANCE OF 2268.29 FEET; THENCE
NORTH 24'00'10" WEST, A DISTANCE OF 546.71 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF
5635.58 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 05'31'54", AN ARC DISTANCE OF 544.09 FEET
Bioscience MOA Draft
As of 9/18/06 19
TO A POINT OF TANGENCY; THENCE NORTH 18'28'17" WEST, A DISTANCE OF
543.08 FEET; THENCE NORTH 14'39'25" WEST, A DISTANCE OF 177.27 FEET;
THENCE NORTH 11 '29'13" EAST, A DISTANCE OF 190.38 FEET TO A POINT ON
IN OFFICIAL RECORD BOOK 4296 PAGE 1151, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA;
THE SOUTHERLY RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AS RECORDED
THE FOLLOWING FOUR (4) COURSES RUN ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE;
THENCE NORTH 63'47'19" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH
89'55'35" EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 87'38'02" EAST, A
DISTANCE OF 296.35 FEET; THENCE NORTH 89'55'47" EAST, A DISTANCE OF
271.78 FEET; THENCE SOUTH 45'04'12" EAST, A DISTANCE OF 56.57 FEET TO
THE POINT OF BEGINNING.
CONTAINING 4,356,000 SQUARE FEET OR 100.000 ACRES, MORE OR LESS.
RIVERSIDE/BURNS INDUSTRIAL AREA
RIVERS1 DE INDUSTRIAL
ALL OF THE NON-RECORDED PLAT 7 OF THE CITY OF PALM BEACH GARDENS,
BOUNDED BY RIVERSIDE DRIVE TO THE WEST, IRONWOOD ROAD TO THE
EAST, BURNS ROAD TO THE NORTH, AND RUBY STREET TO THE SOUTH.
CLOCK TOWER PARCEL
THE SOUTH 530 FEET OF THE EAST 260 FEET OF THE WEST 320 FEET OF THE
SOUTHWEST ONE-QUARTER (SW %) OF THE SOUTHEAST ONE-QUARTER (SE
%) OF THE NORTHEAST ONE-QUARTER (NE %) OF SECTION 12, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA.
PGA BUSINESS PARK
(NOTE: THE SOUTH LINE OF THE SOUTHEAST % OF THE NORTHEAST % OF
SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA IS ASSUMED TO BEAR SOUTH 88'29'38" EAST, AND IS THE BASIS FOR
ALL OTHER BEARINGS HEREIN.)
COMMENCING AT A POINT OF INTERSECTION OF THE EAST LINE OF THAT
CERTAIN PARCEL DESCRIBED IN A DEED TO GULF i3 WESTERN INDUSTRIES,
INC. AND RECORDED IN OFFICIAL RECORD BOOK 1826, PAGE 1352 WITH THE
SOUTH LINE OF THE SOUTHEAST % OF THE NORTHEAST % OF SECTION 12,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, SAID
POINT LYING SOUTH 88'29'38" EAST A DISTANCE OF 320 FEET FROM THE
Bioscience MOA Draft
As of 9/18/06 20
SOUTHWEST CORNER OF THE SOUTHEAST ’/4 OF THE NORTHEAST ’/4 OF SAID
SECTION 12; THENCE NORTH 01’33’32” EAST ALONG SAID EAST LINE A
ROAD PER COUNTY COMMISSION MINUTES BOOK 11, PAGE 12; THENCE
66.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88’29’38”
DISTANCE OF 25.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF BURNS
SOUTH 88’29’38” EAST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF
EAST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 704.93 FEET TO A
POINT LYING ON THE EAST LINE OF A 20-FOOT WATER MAIN AND FORCE MAIN
EASEMENT RECORDED IN OFFICIAL RECORD BOOK 5880, PAGE 1726; THENCE
NORTHWESTERLY A DISTANCE OF 209. 93 FEET ALONG SAID EAST LINE AND
THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF
3284.08 FEET, A CENTRAL ANGLE OF 03’39’45” AND A CHORD BEARING OF
NORTH 13’31’29” WEST; THENCE NORTH 81’00’42” EAST A DISTANCE OF 74.18
FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE
INTERSTATE 1-95; THENCE NORTHWESTERLY A DISTANCE OF 296.23 FEET
ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND THE ARC OF A CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3669.83 FEET, A
CENTRAL ANGLE OF 04’37’30” AND A CHORD BEARING OF NORTH 11 ‘18’03”
WEST TO A POINT ON THE SOUTH LINE OF THAT CERTAIN PARCEL DESCRIBED
IN A DEED TO THE CITY OF PALM BEACH GARDENS, RECORDED IN OFFICIAL
RECORD BOOK 6531, PAGE 667; THENCE NORTH 88’29’38” WEST ALONG SAID
SOUTH LINE, A DISTANCE OF 115.31 FEET TO A POINT LYING ON THE EAST
OFFICIAL RECORD BOOK 5880, PAGE 1726; THENCE SOUTHEASTERLY A
DISTANCE OF 307.24 FEET ALONG SAID EAST LINE AND THE ARC OF A CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3284.08 FEET, A
CENTRAL ANGLE OF 05’21’37” AND A CHORD BEARING OF SOUTH 18’16’42”
EAST; THENCE NORTH 88’29’38” WEST A DISTANCE OF 175.00 FEET; THENCE
SOUTH 01’30’22” WEST A DISTANCE OF 5.50 FEET; THENCE NORTH 88’29’38”
WEST A DISTANCE OF 50.00 FEET; THENCE SOUTH 01’30’22” WEST A
DISTANCE OF 7.50 FEET TO A POINT OF CURVE CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 5 FEET AND A CENTRAL ANGLE OF 90
DEGREES; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 7.85 FEET TO A POINT OF TANGENT; THENCE NORTH 88’29’38’’
WEST A DISTANCE OF 74.98 FEET TO A POINT OF CURVE CONCAVE TO THE
NORTH, HAVING A RADIUS OF 15 FEET AND A CENTRAL ANGLE OF 30
DEGREES; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 7.85 FEET TO A POINT OF TANGENT; THENCE NORTH 58’29’38”
WEST A DISTANCE OF 27.94 FEET TO A POINT OF CURVE CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 30 FEET AND A CENTRAL ANGLE OF 30
DEGREES; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 15.71 FEET TO A POINT OF TANGENT; THENCE NORTH 88’29’38”
WEST A DISTANCE OF 86.35 FEET; THENCE NORTH 01’30’22’’ EAST A DISTANCE
OF 10.00 FEET; THENCE NORTH 8829’38” WEST A DISTANCE OF 235.00 FEET;
THENCE SOUTH 01’33’32’’ WEST A DISTANCE OF 118.34 FEET; THENCE SOUTH
28’26’28” EAST A DISTANCE OF 40.00 FEET: THENCE SOUTH 01’33’32” WEST A
LINE OF A 20-FOOT WATER MAIN AND FORCE MAIN EASEMENT RECORDED IN
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As of 9/18/06 21
DISTANCE OF 55.96 FEET TO A POINT OF CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 30 FEET AND A CENTRAL ANGLE OF
39’22’19”; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 20.62 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING DESCRIBED LAND:
COMMENCING AT A POINT OF INTERSECTION OF THE EAST LINE OF THAT
CERTAIN PARCEL DESCRIBED IN A DEED TO GULF & WESTERN INDUSTRIES,
INC. AND RECORDED IN OFFICIAL RECORD BOOK 1826, PAGE 1352 WITH THE
SOUTH LINE OF THE SOUTHEAST % OF THE NORTHEAST ?4 OF SECTION 12,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, SAID
POINT LYING SOUTH 88”29’38” EAST A DISTANCE OF 320 FEET FROM THE
SOUTHWEST CORNER OF THE SOUTHEAST % OF THE NORTHEAST % OF SAID
SECTION 12; THENCE NORTH 01 “33’32” SECONDS EAST ALONG SAID EAST LINE
OF BURNS ROAD PER COUNTY COMMISSION MINUTES BOOK 11, PAGE 12;
DISTANCE OF 66.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
A DISTANCE OF 25.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE
THENCE SOUTH 88’29’38” EAST ALONG SAID NORTH RIGHT-OF-WAY A
SOUTH 88’29’38” EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF
704.93 FEET TO A POINT ON THE EASTERLY LINE OF A 20-FOOT WATER MAIN
AND FORCE MAIN EASEMENT RECORDED IN OFFICIAL RECORD BOOK 5880,
PAGE 1726; THENCE NORTHWESTERLY A DISTANCE OF 25.70 FEET ALONG
SAID LINE AND THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING
A RADIUS OF 3284.08 FEET, A CENTRAL ANGLE OF 00’26’54” AND A CHORD
BEARING OF NORTH 11 ‘55’01” WEST TO A POINT LYING 25 FEET NORTH OF AT
THENCE SOUTH 88’29’38” EAST A DISTANCE OF 705.74 FEET; THENCE SOUTH
01’33’32” WEST A DISTANCE OF 5.96 FEET TO A POINT OF CURVATURE OF A
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 30.00 FEET AND
A CENTRAL ANGLE OF 39”22’19”; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE A DISTANCE OF 20.62 FEET TO THE POINT OF BEGINNING.
RIGHT ANGLES TO SAID NORTH RIGHT-OF-WAY LINE FOR BURNS ROAD;
4000 BURNS ROAD
A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER
OF SAID SECTION 7, THENCE NORTH 89’57’00” EAST ALONG THE NORTH LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 7 AND THE CENTERLINE OF
SOUTHWEST QUARTER OF SAID SECTION 7 IS ASSUMED TO BEAR NORTH
89’57’00” EAST AND ALL OTHER BEARINGS ARE RELATIVE THERETO) A
DISTANCE OF 434.37 FEET TO A POINT; THENCE SOUTH 00’03’00’’ EAST A
BURNS ROAD, A 60-FOOT RIGHT-OF-WAY (THE NORTH LINE OF THE
DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
Bioscience MOA Draft
As of 9/18/06 22
BURNS ROAD AND THE POINT OF BEGINNING OF THE HEREINAFTER
DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH OO’”’00’’ EAST A
DISTANCE OF 300.00 FEET ALONG THE WEST LINE OF A PARCEL DESCRIBED
IN OFFICIAL RECORD BOOK 1637, PAGE 579 TO A POINT; THENCE SOUTH
89’57’00” WEST ALONG THE NORTH LINE OF A PARCEL DESCRIBED IN
OFFICIAL RECORD BOOK 1549 PAGE 347, A DISTANCE OF 287.28 FEET TO A
POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAD NO. 9 (INTERSTATE
1-95 A 300-FOOT RIGHT-OF-WAY) SAID POINT LYING ON A CURVE CONCAVE TO
THE WEST, HAVING A RADIUS OF 3969.83 FEET, A CENTRAL ANGLE OF
04”20’18” AND A RADIAL BEARING OF SOUTH 88’45’51’’ SECONDS WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND EAST RIGHT-OF-
WAY LINE A DISTANCE OF 300.59 FEET TO A POINT ON THE SOUTH RIGHT-OF-
WAY LINE OF BURNS ROAD; THENCE NORTH 89’57’00” EAST ALONG SAID
BEG1 NNING.
RIGHT-OF-WAY LINE A DISTANCE OF 304.87 FEET TO THE POINT OF
1041 5 RIVERSIDE DRIVE
BEGINNING AT THE QUARTER CORNER ON THE WEST LINE OF SECTION 7,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, RUN
FEET TO THE INTERSECTION OF SAID QUARTER SECTION LINE AND THE
THE CENTERLINE OF SAID RIVERSIDE DRIVE A DISTANCE OF 236.00 FEET TO A
POINT OF CURVATURE OF RIVERSIDE DRIVE; THENCE CONTINUE ALONG THE
CENTERLINE OF RIVERSIDE DRIVE AS SAID CENTERLINE FORMS A CURVE
CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 512.28 FEET
THROUGH A CENTRAL ANGLE OF 11’25’48” A DISTANCE OF 102.20 FEET;
THENCE SOUTH 89’57’00” WEST, A DISTANCE OF 32.20 FEET TO THE WEST
RIGHT OF WAY LINE OF RIVERSIDE DRIVE AND THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 89’57’00” WEST A DISTANCE OF 511.90 FEET TO
NORTH 89’57’00” EAST-WEST QUARTER SECTION LINE A DISTANCE OF 619.62
CENTER-LINE OF RIVERSIDE DRIVE; THENCE SOUTH 10’33’45” EAST ALONG
THE EAST RIGHT-OF-WAY LINE OF 1-95; THENCE SOUTH ALONG THE RIGHT OF
WAY LINE OF 1-95’ WHICH DESCRIBES A CURVE CONCAVE TO THE WEST,
HAVING A RADIUS OF 3969.83 FEET HAVING A CENTRAL ANGLE OF 1’27’54” A
DISTANCE OF 101.50 FEET TO THE POINT OF TANGENCY OF THE CURVE;
THENCE SOUTH 00’13’45’’ WEST ALONG THE EAST RIGHT OF WAY LINE OF 1-95
A DISTANCE OF 179.95 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-
WAY LINE OF 1-95 WITH THE NORTH RIGHT-OF-WAY LINE OF THOMPSON RIVER
ON PLAT NO. 5 OF THE CITY OF PALM BEACH GARDENS, AS RECORDED IN
PLAT BOOK 27, PAGE 95, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 89’47’45” EAST ALONG SAID NORTH RIGHT OF WAY
LINE A DISTANCE OF 248.53 FEET TO THE POINT OF CURVATURE OF THE SAID
RIGHT OF WAY LINE WHICH DESCRIBES A CURVE CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 1564.34 FEET THROUGH A CENTRAL ANGLE
OF 23’22’02”, A DISTANCE OF 637.99 FEET; THENCE NORTH 33’53’49” EAST
NORTH RIGHT-OF-WAY LINE OF THOMPSON RIVER; THENCE ALONG THE SAID
Bioscience MOA Draft
As of 9/18/06 23
ALONG THE SOUTHWESTERLY PROLONGATION OF THE NORTHWEST RIGHT-
OF-WAY LINE OF BUCKEYE STREET, A DISTANCE OF 43.91 FEET TO THE
SOUTHWESTERLY RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE; THENCE NORTH
56’06’1 1” WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 212.66 FEET
TO THE POINT OF CURVATURE OF SAID RIGHT-OF-WAY LINE; THENCE
CONTINUE ALONG THE SAID SOUTHWESTERLY RIGHT-OF-WAY WHICH
DESCRIBES A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
542.28 FEET THROUGH A CENTRAL ANGLE OF 35’22’55”, A DISTANCE OF 334.87
FEET TO THE POINT OF BEGINNING. ALL BEING IN THE NORTH HALF (N X) OF
SOUTHWEST QUARTER (SW Xi) OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA.
10475 RIVERSIDE DRIVE
BEGINNING AT THE QUARTER CORNER ON THE WEST LINE OF SECTION 7,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA;
DISTANCE OF 619.62 FEET TO THE INTERSECTION OF SAID QUARTER LINE
AND THE CENTERLINE OF RIVERSIDE DRIVE; THENCE S 10’33’45” E ALONG THE
CENTERLINE OF SAID RIVERSIDE DRIVE, A DISTANCE OF 236.00 FEET TO THE
POINT OF CURVATURE OF RIVERSIDE DRIVE; THENCE S 79’26’15” W A
RIVERSIDE DRIVE AND THE POINT OF BEGINNING; THENCE SOUTHEASTERLY
CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 542.28 FEET
THROUGH A CENTRAL ANGLE OF 10’09’31” A DISTANCE OF 96.15 FEET TO A
POINT; THENCE S 89”57’00” W A DISTANCE OF 224.62 FEET TO A POINT;
THENCE N 0’03’00” W A DISTANCE OF 300.00 FEET TO A POINT IN THE SOUTH
THENCE N 89’57’00” E ALONG THE EAST-WEST QUARTER SECTION LINE A
DISTANCE OF 30.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SAID
ALONG THE SAID RIGHT-OF-WAY OF RIVERSIDE DRIVE ALONG THE ARC OF A
RIGHT-OF-WAY LINE OF BURNS ROAD; THENCE N 89’57’00” E ALONG THE SAID
RIGHT-OF-WAY LINE OF BURNS ROAD A DISTANCE OF 139.52 FEET TO A
POINT; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 79’29’15” A
DISTANCE OF 34.68 FEET TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE
OF RIVERSIDE DRIVE; THENCE S 10’33’45” E ALONG THE SAID RIGHT-OF-WAY
OF RIVERSIDE DRIVE, A DISTANCE OF 190.26 FEET TO THE POINT OF
BEG INNING.
CONTAINING IN ALL 1.3 ACRES, MORE OR LESS.
RA CO AM0
A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP
42 SOUTH, RANGE 42 EAST, IN THE CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
Bioscience MOA Draft
As of 9/18/06 24
BEGINNING AT A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF BURNS
ROAD (SAID SOUTHERLY RIGHT-OF-WAY LINE BEING PARALLEL TO AND 30
FEET SOUTHERLY FROM, MEASURED AT RIGHT ANGLES TO, THE EAST-WEST
QUARTER SECTION LINE OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42
EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA), AT A
DISTANCE OF 222.71 FEET WESTERLY FROM, MEASURED ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE, THE EAST LINE OF SAID SECTION 12;
THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A
DISTANCE OF 490.26 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE
PRECEDING COURSE, A DISTANCE OF 314.67 FEET; THENCE EASTERLY AT
RIGHT ANGLES TO THE PRECEDING COURSE, A DISTANCE OF 541.79 FEET TO
A POINT IN THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS
OF 3219.60 FEET AND A CENTRAL ANGLE OF 90’11’0”; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE AND THROUGH AN ANGLE OF 5’40’36” A
DISTANCE OF 318.99 FEET TO THE POINT OF BEGINNING.
A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP
42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF BURNS ROAD
(SAID SOUTHERLY RIGHT-OF-WAY LINE BEING PARALLEL TO AND 30 FEET
SOUTHERLY FROM, MEASURED AT RIGHT ANGLES TO, THE EAST-WEST
WESTERLY FROM, MEASURED ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,
TO SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 314.67 FEET TO
QUARTER SECTION LINE OF SAID SECTION 12) AT A DISTANCE OF 712.97 FEET
THE EAST LINE OF SAID SECTION 12, THENCE SOUTHERLY AT RIGHT ANGLES
THE POINT OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO THE
PRECEDING COURSE A DISTANCE OF 494.23 FEET TO A POINT; THENCE
SOUTHERLY AT RIGHT ANGLES TO THE PRECEDING COURSE A DISTANCE OF
20 FEET TO A POINT; THENCE WESTERLY AT RIGHT ANGLES TO THE
PRECEDING COURSE A DISTANCE OF 494.23 FEET, TO A POINT; THENCE
NORTHERLY, AT RIGHT ANGLES TO THE PRECEDING COURSE A DISTANCE OF
20 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.23 ACRES, MORE
OR LESS.
A DRAINAGE EASEMENT, INCLUDING THE RIGHT OF INGRESS AND EGRESS
FOR CONSTRUCTING AND MAINTAINING SAID EASEMENT IN, OVER, AND UPON
THE FOLLOWING DESCRIBED PROPERTY, TO-WIT:
A PARCEL OF LAND IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION
12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, LYING 13.00 FEET EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE; COMMENCE AT A POINT IN THE
SAID SECTION 12, (SAID POINT BEING 30 FEET SOUTH OF THE EAST QUARTER
SOUTHERLY RIGHT-OF-WAY LINE OF BURNS ROAD AND THE EAST LINE OF
Bioscience MOA Draft
As of 9/18/06 25
CORNER OF SAID SECTION 12); THENCE RUN WEST ALONG SAID SOUTHERLY
SOUTH A DISTANCE OF 321.67 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL; THENCE RUN EAST A DISTANCE OF 494.23 FEET
TO THE END OF THE HEREIN DESCRIBED EASEMENT; CONTAINING IN ALL 0.29
ACRES, MORE OR LESS. NOTE: THE EAST AND WEST LINES OF THE HEREIN
RIGHT-OF-WAY LINE A DISTANCE OF 712.97 FEET TO A POINT; THENCE RUN
DESCRIBED EASEMENT BEAR NORTH-SOUTH. THE SOUTHERLY RIGHT-OF-
WAY LINE OF BURNS ROAD IS ASSUMED TO BEAR EAST-WEST, AND ALL
OTHER BEARINGS ARE RELATIVE THERETO.
LESS A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF BURNS ROAD
(SAID SOUTHERLY RIGHT-OF-WAY LINE BEING PARALLEL TO AND 30 FEET
SOUTHERLY FROM, MEASURED AT RIGHT ANGLES TO, THE EAST-WEST
WESTERLY FROM, MEASURED ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,
QUARTER SECTION LINE OF SAID SECTION 12) AT A DISTANCE OF 222.71 FEET
THE EAST LINE OF SAID SECTION 12; SAID POINT BEING IN THE ARC OF A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3219.60 FEET; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH AN ANGLE OF
0’20’28” A DISTANCE OF 19.17 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTHERLY ALONG THE
ARC OF SAID CURVE, THROUGH AN ANGLE OF 5’20’08’’ A DISTANCE OF 299.82
FEET TO A POINT OF INTERSECTION WITH A LINE PARALLEL TO THE SAID
ALONG SAID PARALLEL LINE A DISTANCE OF 47.56 FEET TO A POINT; THENCE
NORTHERLY, AT RIGHT ANGLES TO THE PRECEDING COURSE, A DISTANCE OF
295.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.17
ACRES, MORE OR LESS.
EAST-WEST QUARTER SECTION LINE OF SECTION 12; THENCE WESTERLY
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
OF SAID SECTION 12; THENCE SOUTH 01’33’35’’ WEST ALONG THE EAST LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 12 (THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 12 IS ASSUMED TO BEAR SOUTH
01’33’35” WEST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE
THERETO) A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-
OF-WAY LINE OF BURNS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK
821, PAGE 542 AND OFFICIAL RECORDS BOOK 1508, PAGE 255, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88’29’38’’
Bioscience MOA Draft
As of 9/18/06 26
WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 171.93 FEET TO A
POINT ON THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 95 (STATE ROAD
NO. 9) AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED
PARCEL OF LAND; THENCE CONTINUE NORTH 88’29’38” WEST A DISTANCE OF
50.78 FEET TO A POINT ON A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 3219.60 FEET, A CENTRAL ANGLE OF 05’40’36” AND A RADIAL
BEARING AT THIS POINT OF NORTH 05’17’34” EAST; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE AND EASTERLY LINE OF A PARCEL OF LAND
DESCRIBED IN OFFICIAL RECORDS BOOK 821, PAGE 542, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 318.99 FEET; THENCE
DEPARTING SAID CURVE NORTH 88’29’38” WEST PARALLEL WITH THE NORTH
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12 A DISTANCE OF
541.79 FEET; THENCE SOUTH 01 ‘30’22” WEST A DISTANCE OF 264.21 FEET TO
WAY); THENCE SOUTH 88’22’05” EAST ALONG THE NORTH LINE OF THE
THOMPSON RIVER A DISTANCE OF 562.43 FEET TO A POINT ON THE WEST
A POINT ON THE NORTH LINE OF THE THOMPSON RIVER (100-FOOT RIGHT-OF-
RIGHT-OF-WAY LINE OF SAID INTERSTATE 95; THENCE NORTH 01 ‘33’35” EAST
ALONG SAID INTERSTATE 95 RIGHT-OF-WAY LINE PARALLEL WITH THE EAST
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12 A DISTANCE OF
179.49 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 3669.83 FEET AND A CENTRAL ANGLE OF
06’16’01”~ THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND RIGHT-
OF-WAY LINE A DISTANCE OF 401.41 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, AND RIGHTS OF
WAY OF RECORD, CONTAINING IN ALL 7.42 ACRES.
CONTAINING IN ALL 49.51 ACRES, MORE OR LESS.
Bioscience MOA Draft
As of 9/18/06 27
P F
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 11,2007
Meeting Date: July 19,2007
Resolution 64,2007
SUBJECT/AGENDA ITEM
Resolution 64,2007: Art in Public Places Advisory Board (AIPP) Appointments
Consideration of Approval: To allow for the appointment of one regular member and two
alternate members to the Art in Public Places Advisory (AIPP) Board.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: I
City Attorney
Tala1 Benothman, AICP
Growth Manage
Administrator
Kara Irwin, AICP
Approved By:
City Manager ,/
Ronalp’M erris P
Originating Dept.:
Growth Management:
Project scl f-
Manager pv
Brad Wiseman
Planning Manager
[ ] Quasi - Judicial
[ ] Legislative
[ ] Public Hearing
~~
Advertised:
[XI Required
[ 3 Not Required
Affected Parties:
[ ]Notified
[XI Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ 3 Operating
[XI Other-
Budget Acct.#:
NIA
City Council Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wf conds.
[ 3 Rec. Denial
[ 3 Continued to:
Attachments:
Resolution 64, 2007
0 Applications
0 Attendance
1 t Date Prepared: June 1 1,2007
Meeting Date: July 19,2007
Resolution 64,2007
EXECUTIVE SUMMARY
The subject resolution provides for the appointment of one regular member and two alternate
members to the Art in Public Places Advisory (AIPP) Board.
BACKGROUND
Resolution 126, 2005 and Resolution 1 18, 2006 respectively appointed seven regular members and
two alternate members to the Art in Public Places Advisory (AIPP) Board. Resolution 42, 2007,
appointed two regular and two alternate members to the AIPP Board.
Staff regrets to report that Mr. Theodore Thoburn resigned his seat as a regular member on the
AIPP Board. In accordance with Section 2-86, Code of Ordinances, vacancies shall be filled by
appointment of an alternate member for the unexpired term of the affected member, and a second
vacancy would be filled by the second alternate member. Therefore, the alternate member to be
appointed to a regular seat is Lynn Silber (Currently 1" Alternate), and Karen Hainsworth
(Currently 2"d Alternate) would be appointed to the 1" Alternate seat.
The applications for the open second alternate position, as furnished by the City Clerk's office, have
been attached for the City Council's review and approval.
STAFF RECOMMENDATION
Staff recommends approval of the appointment of regular and alternate members as determined by
the City Council through the adoption of Resolution 64,2007.
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RESOLUTION 64,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF
REGULAR AND ALTERNATE MEMBERS TO THE ART IN PUBLIC
PLACES ADVISORY BOARD; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 2-138, Code of Ordinances, provides for the Board to be
comprised of seven (7) regular members and two (2) alternate members; and
WHEREAS, there is one (1) regular member vacancy, and Section 2-86, Code of
Ordinances, requires vacancies to be filled by alternate members; and
WHEREAS, one (1 ) alternate member vacancy would result from the appointment of
one of the existing alternate members to a regular seat; and
WHEREAS, notice of vacancies has been posted at City Hall and on the City
Website; and
WHEREAS, the City Clerk has compiled a list of all interested persons who wish to
serve as members of the Board, which is attached hereto as Exhibit “A”; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the appointments of the following
individuals as regular and alternate members to the Art in Public Places Advisory Board: -
36
37 Regular Members
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40 Alternate Members
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SECTION 3. This Resolution shal become effective
Terms
Terms
mmediately upon adoption.
Date Prepared: June 11, 2007
Resolution 64. 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
---
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\\pbgvfile\Attorney\attorney_share\RESOLUTlONS\~pointment - aipp members - reso 64 2007.doc
i
2
Date Prepared: June 11,2007
Resolution 64, 2007
EXHIBIT “A”
Application for City Advisory BoardKommittee Appointment
PIense Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
provided by law.
Name: 0-A- G nattwg Home Address: I lo/, 1 rJWuV1 %OW-.W M+
city: Pn -35
Years of Residency? $+ E-mail address: C&(e @ @&~&~~$. AQf:
h Ob 'IC Zip:33Y(O Home Phone Number: (a) #a- If4 ( *Phone Number: ai) C'k-pfqr
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR
/Art in Public Places Advisory Board (meets 3rd Tuesday of each month at 530 p.m.)
R Community Aesthetics Board (meets lst Wednesday of each month at 530 p.m.)
R Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.)
0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.)
Cl Budget Oversight Committee (meets the 4'h Thursday of each month at 8:30 a.m.)
0 Planning, Zoning & Appeals Board * (meets the 2'Id and 4'h Tuesdays of each month at 6:30 p.m.)
(*Required to file a statement of financial interest form)
If you have checked more than one box, which would be your:
1 '' Choice 2"d Choice 31d Choice
Are you currently serving on a Palm Beach Gardens Board or Committee? ( dyes ( ) No
Which one(s) uwN Ik7W WfS 75ckrh (PUT b~W9 &r
Previous service on City BAards or Committees? ( ) Yes ( 4 No
Which one(s) Date(s) of Service:
Are you currently serving on a Palm Beach County Board or Committee? (
Which one(s)
Previous service on County Boards or Committees? (
Which one(s) Date(s) of Service:
Are you able to attend: (
What would you hope to accomplish by participating?
) Yes ( NO
) Yes ( I/fNo
) daytime meetings ( devening meetings
@O)JX\IJUE 'ro ZWIfwjfht' ( Am AMP (41) * : PI rio
Present Employer: U-SJ$J& x j&iwrA.
Address: tu3 r prth
Profession: WP\ &i t3b I'tbvz
Position: GVtW'l.& VI w?-Fb%
** L 41tabLM bhk\rhlcclut 4 G t&r-T[uX pU&LtC 'ht (5)
Are you registered in the State of Florida? ,"L-
Are you licensed in the State of Florida:
)/%>
Do you possess a City of Palm Beach Gardens occupational license?
Another State:
Another State:
-9
How long have you practiced the above profession?
Preferred mailing address: ( ( ) Office
+- 9u-5
Could your occupation pres t a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes ( $Eo
Please explain: -
L
r
0 Accountant
/Other y% OF Cl.5; IPG /Q cxJ)TlQ&HrP) b/hS'f5 e { 3 /+: 1 G Pn~mlEJylq
I Profess$nal Background (Please check the appropriate boxes)
I6
d Visual, performing or literary arts.
0
0 Urban planninddesign
0
Building construction
0 Horticulture and landscaping
0 Youth or adult educator
0
0
0 Attorney
0 Engineer
0 Real estate professional
0 Land surveyor
0 Banker
Architect, Architecture designer, landscape designer
Arts and cultural institution management
Owdoperate a business in the City.
Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
Educational Background:
Diploma. Degree or Certificate Institution Course of Study
GL'" Dcmw- lE3 c\l, Am k*.
Are you registered to vote in Palm Beach County? ( 4Yes (
Have you participated in civic or community activities: Yes: ( J) No: (
If yes, please explain: W\ L L ('pr~n P \ ~hh- 07 (13 @.A*$*'S
) No
)
L,&%-/.lfl< 61~ - L:. @A c/ Ay G(2L.h) =c> Mm ei7 /
u /' How did you wrn about the Board or Committee for which you have applied:
City's Web site: ,/ Community Group: Newspaper (specify)
City's direct mail Brochure: Other: (specify)
Prior to submitting an application, you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
-
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kept onfile in the City Clerk's o@ce for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Cable Neuhaus
1106 Vintner Boulevard
Palm Beach Gardens, Florida 33410
E-mail: cahle@!cahleneuhaus.net
Mobilc: 551-906-5199
Wireline: 561-622-6161
Summary of Professional Assets
0
0
0
Extensive experience in senior-level editorial positions at Time Inc., Primedia, and elsewhere
Skillful and highly imaginative editor, writer, and organizer of projects and people
Expert in all phases of magazine journalism, including design
Expert in understandinghsing mass media, popular culture, entertainment, and the Internet
ExDerience and Accomdishments
2006- NewsMax Media, Inc.
Editorial Director I West Palm Beach
Responsible for the development and positioning of NewsMax magazine,
plus the overall editorial management of various other products produced
by the company
2005-2006 MediaPost Publications
Contributing Writer and Columnist I New York City
Writer of daily online column on mass media and popular culture, plus occasional pieces
for the company’s Media magazine
2002-2003 Primedia Inc.
Editor-in-Chief, Folio: I New York City
Successfully repositioned and relaunched a tired editorial product. Doubled newsstand draw,
increased circulation, created buzz within key constituencies. Months following my arrival,
Folio: had morphed from a sleepy title with low recognition into an industry must-read.
(Additionally: Editor of Folio: First Day, the twice-weekly newsletter for magazine-industry
leaders.)
2000-200 1 Time Inc.
General Editor, Entertainment WeekZy I New York City
Promoted fkom the Los Angeles office to serve in New York as editor of E W Internet, a
monthly magazine-style supplement, and to edit the weekly Internet section of the national
edition of E W, which was notable for its exceptionally high reading scores during my tenure.
Additionally: Writer of a weekly column in the national edition.
1990-2000 Time Inc.
Bureau Chief, Entertainment Weekly I Los Angeles
Responsible for the creation and management of the magazine’s principal editorial bureau;
instrumental in the conceptualization and ongoing editorial development of the magazine,
helping to guide it from a difficult launch to its position as the country’s undisputed No. 1
entertainment periodical (winner during my tenure of two National Magazine Awards for
General Excellence); personally scored a number of important scoops; EW‘s chief
spokesperson for a decade in the U.S. entertainment capital.
1988- 1990 Crosby Vandenburgh Group
Editorial Director, Editor-in-Chief I Boston
Responsible for the overall editorial direction and management of six national consumer
magazines, plus day-to-day editor-in-chief duties of TV Entertainment (4.6 million circulation;
contract-published), of which I was founding editor. (Note: TV Entertainment was later
subsumed into TV Guide.)
1977-1988 Time Inc.
Bureau Chief and Correspondent, People I Boston, Pittsburgh
Managed a staff of full- and part-time correspondents in New England, Pittsburgh, and
elsewhere in the U.S.; influenced the overall direction and editorial focus of the magazine;
brought many exclusives to the magazine; traveled widely throughout the U.S. and
Canada as a correspondent and spokesperson for People, which during my tenure won a
National Magazine Award for General Excellence.
1977 University of Pennsylvania
Editor, Almanac I Philadelphia
Supervised the editorial staff that produced the university’s official weekly
publication for the administration and faculty.
197 1 - 1977 Pennsylvania State University
Instructor in Journalism I Wilkes-Barre
Taught undergraduate courses in composition and journalism.
1970 The Daily Record
Reporter and Staff Editor I Morris County, N.J.
Handled police, civic, and general assignment beats.
Freelance
1965-2006 Contributing Editor; Editor at Large; Writer; Reporter; Consultant
Among the publications: The Washington Post, Money, AARP The Magazine, Media
Magazine, The Hufington Post, Justice, Pittsburgh Magazine, Discover,
The Pittsburgher, Harper’s Weekly, Mother Jones, Big Builder, The Humanist,
Pennsylvania Illustrated, New Jersey Suburban Life, plus an assortment of academic
journals. Some published pieces syndicated in the U.S. and abroad.
Books
2006
1981
1980
1978
1974
Movies
Awards
2003
1980
1975
Currently working on a small nonfiction book, Decency: A Modest Guide for Indecent Times
“Adapting,” a chapter in American Renewal, Time Inc.
“Letter for My Loved Ones (Who Perished),” final chapter in Living After the Holocaust:
Refections by Children of Survivors in America, Bloch Press
A Lively Connection: Intimate Encounters with the Ethical Movement in America
(editor), Ethica Press - The Press of the Ethical Culture Society of New York
“Putting Together The Cats Pajamas,” chapter in Random Folio, Random House
Scorned and Swindled, starring Peter Coyote, John Carradine, and Tuesday Weld, based on
one of my magazine articles, CBS Television. (Note: Several other stories also optioned for
films.)
L.J. Hortin Award for Significant Contributions to American Journalism, presented by
the E.W. Scripps School of Journalism, Ohio University. (Note: In 2006 the E.W. Scripps
School acquired my collected papers.)
Golden Quill Award for Investigative Magazine Reporting, presented by the Pittsburgh
Press Club
Hayfield Award, presented by the student body to the Outstanding Faculty Member,
Pennsylvania State University (Wilkes-Barre)
Education
Carnegie Mellon University
Completed coursework toward doctorate in nonfiction writing
Pennsylvania State University
Master of Arts. Journalism
Ohio University
Bachelor of Science, Journalism (TV-Radio emphasis)
Civic Organizations
2006-08 Appointed member of the Community Aesthetics Board, City of Palm Beach Gardens,
Florida
Media Amearances. Public ADDearances, Citations
Live and taped appearances on CBS Evening News, NBC Nightb News, CNN,
Good Morning America, CBS This Morning, Entertainment Tonight, The Insider,
Inside Edition, E! Entertainment Television, American Journal, Court TV -- plus a
diversity of other television and radio programs throughout North America and Europe
Biographical entries in Who’s Who in America and Who’s Who in Entertainment
Scores of lectures and panel presentations on the topics of celebrity, journalism, and
magazine-making
Keynote speaker at the National Editorial Conference of the American Society of Business
Press Editors, Washington, D.C., June 2003
Advisory board member, Portland Creative Conference, 1 999
Quoted in The New York Times, USA Today, The Wall Street Journal, Los Angeles Times,
GQ, Daily Variety, The Hollywood Reporter, Liz Smith’s syndicated column, and scores of
other publications -- plus an assortment of books
SDecial Interests
[Alphabetically] American business; art, architecture, and design; automobiles; branding; the
Internet; journalisdmagazines; personal technology; popular culture and society; travel; the
US. entertainment industry
?
Application for City Adviwq Bcrard/Comdtee Appoinlmeat
Reuse : pursuant to FS 119.07 the Mimuation provided in this application is considered to be public record, except as
pmvidedbylaw.
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR
Art in Public Places Adbisoq Board (meets 3"' Tuesda! of eitch month at 5:30 pm.)
0 Community Aesthetics Board (mcetc; l'* Hcdnewla? of each month at 530 pm.)
0 Parks and Recmation Advisor? Board (meets the 3"' Monda? of each month at 7:OO 1i.m.)
0 Economic Development Adbisoq Board (me& the 3"' Thorda, of each month at 8:30 am.)
0 Budget Oversight Committee (meets the tih 'I'hursda? of each month at 8:30 am.)
0 Planning, Zoning & Appeals Board * (meets the 2"d and -IG Tuesdajs of each month at 6:30 p.m.)
(* a to file a statelmilt of fir 1
If you have checked more than one box, which would be your:
Are you Cucrentiy serving on a Palm Beach Gardens Board or Committee? ( ) Yes ( 6 I Choicc 2"'i ChOlCC 3'' Cl,OlcC
Previous seMce on City Boards or Committees? ( ) Yes ( d Which one@)
Which one(s) Date@) of SeMce:
Are you currently sewing ona Palm Beach colmty Board or Committee? (
Which one@)
praious seryice on county ~oards or committees? (
)Yes (
yes ( &NO
Which one@) %k(S) Of %ME
/ ,
Are you able to attend: ( )q/&ytime * gs ( meetings 15Tc h ol& mz,cp
Are you registered in the State of Florida?
Are you licensed in the State of Florida:
Do you possess a City of Palm Beach Gardens occupational license? r\l,k
How long have you practiced the above profession?
Another State:
YY' 5
1
Preferredmailingaddress: )Home ( )c)Btice P(
Could your occupation a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
committee: ( )Yes(Go
Please explain:
Y
r
~rofessionnl Background (Please check the approPriate boxes)
Visual, pedonning or literary arts. 5 Architect, Architecture designer, landscape designer
0 Urbanplanning/design
0 Buildingconstruction
0 Horticulture and landscaping & Youth or adult educator
0 own/operate a business in the City.
o Member of Business Development Board, Noah Palm Beach County Chamber of Commerce or PGA Corridor Association.
o Attorney
0 Engineer
0 Realestatepfessional
0 Landsurveyor
0 Banker
o Accountant
o Other
Arts and cultural institution management
Course of Study
Are you registered to vote in Palm Beach County? ( wes ( ) No
Have you participated in civic or community activities: Yes: ( NO: ( )
es role and time commitment to the Boards or Committees to which I have applied.
//A?/h
Date
How did jou learn about the Board or Committee for ~hich jou hale applied:
Citj's Web site: Cornmunit? Cmup: Xen spaper (specif!)
Date attended:
please return the hlication and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kpt on file in the Ciiy Clerk's o@ce for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Application for City Advisory BoardKommittee Appointment
: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
Name: Home Address: - &K\1\1000 Lhk'
i) as Zip: &lo Home Phone Number: (g ) 626.q730Work Phone Number: @b/) 7l4-38 2 1
Years of Residency? 3 E-mail address:
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
/Art in Public Places Advisory Board (meets 3"' Tuesday of each month at 530 p.m.) & Community Aesthetics Board (meets 1" Wednesday of each month at 530 p.m.)
0 Parks and Recreation Advisory Board (meets the 3r" Monday of each month at 7:OO p.m.)
0 Economic Development Advisory Board (meets the 3"' Thursday of each month at 830 a.m.)
0 Budget Oversight Committee (meets the 4Ih Thursday of each month at 830 a.m.)
0 Planning, Zoning & Appeals Board * (meets the 2'Id and 4Ih Tuesdays of each month at 630 p.m.)
(* 1
If you have checked more than one ox which would be your:
1" Choice&f&JbllC2"(' Choice 8( 5tl\.CflCS3rd ' Choice
Are you currently servi? on a Palm Beach Gardens Board or Committee? ( ) Yes ( 4
Which one(s) ne / Previous servic on Ci Boards or Committees? ( 9 Yes (
Which one(s) ~fif(@l.)! ) No T<qd@S+ Date(s) of Service: 1492 zcT)2 (tawfl r-i1ht>
Are you currently Ferving on a Palm 6each County Board or Committee? (
Previous service on C ) Yes ( mo Which one(s) Date(s) of Service:
Are you able to attend: ( Maytime meetings ( Mening meetings
What would you hope to accomplish by participating?
) Yes ( -0 Which one(s) n /A
oards or Committees? (
y5 Another State:
Another State:
- Are you registered in the State of Florida?
Are you licensed in the State of Florida:
Do you possess a City of Palm Beach Gardens occupational license?
)@, no
How long have you practiced the above profession? 20f ym
Preferred mailing address: ( hme (
Could your occupation prese t a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes( do
Please explain: &
) Office
I
‘essional Background (Please check the appropriate boxes)
or/ Visual, performing or literary arts.
0 Architect, Architecture designer, landscape designer
0 Urban planning/design
dArts and cultural institution management 8‘ Building construction
0 Horticulture and landscaping
dYouth or adult educator
0
0
0 Attorney
0 Engineer
0 Real estate professional
0 Landsurveyor
0 Banker
0 Accountant
Owdoperate a business in the City.
Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
0 Other
I By Code (Ordinance 17,2004), some BoardsKommittees have specific requirements for membership
Educational Background:
Diploma Degree or Certificate Institution Course of Study
a scbttr\JL GYwLsm-
Are you registered to vote in Palm Beach
Qlr. 06 bydkwlc w
If yes, please explain: S- &U.
Have you participated in civic or community activities: Yes: NO: ( )
mmitment to the Boards or Committees to which I have applied.
%tech ; Izc cG
How did you learn about the Board or Committee for which you have applied:
City’s Web site: J Community Group: Newspaper (specify)
City’s direct mail Brochure: / Other: (specify)
Prior to submitting an application, you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kept on file in the City Clerk’s ofJice for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Karen D. Hainsworth kd hainsworth@hotmail.com
150 Oakwood Lane, Palm Beach Gardens, FL 33410 (561) 719.3821
PRESENT FULL TIME ARTIST - KARENHAINSWORTH.COM
2003 -2005 LIGHTHOUSE CENTER FOR THE ARTS, TEQUESTA, FL
School of Art Director '
m - '
Hired and trained an art staff of more than 40.
Recruited Faculty for adult and children programs in various disciplines.
Led faculty meetings utilizing PowerPoint and other visual materials.
Worked with Director of Finance & Operations and prepared over 5 reporting
methods to include an annual budget, payroll, scholarship programs,
publications and marketing.
Held individual staff evaluation meetings to include salary reviews.
Redesigned the studios for a more efficient flow of use.
1997-2003
1996-1 997
1992-1 996
SPANISH TEACHER, Tequesta, FL
Good Shepherd Espiscopal School
NORTON MUSEUM OF ART, West Palm Beach, FL
Project Director of Special Events
Opened the new wing of museum while implementing fundraising, marketing and
promotional events.
BANKERS TRUST FLORIDA, Palm Beach, FL
Marketing ManagedAssistant Treasurer
0
0
0
0
Handled all private banking marketing functions for the SE United States territory - from Puerto Rico to Maine.
Managing and forecasting the budget.
Selecting and negotiating appropriate media.
Coordinated all sponsorships and community relations events,
100% accountable for the successful city relocation of a corporate ofice unit.
E DUCAT1 ON : State University of New York - F.I.T. Campus New York, New York 1991
Associate in Arts Degree - Palm Beach Community College
AFFILIATIONS: 1995 Visiting Nurses Association Gala Auction Chairman
1996 Heart Ball Auction Chairman
1999 Moms Club Board Member
1997 - 2004 Village of Tequesta Community Appearance Board
2000 - 2004 Village of Tequesta Tree Board Appointed Member
2003 Event Coordinator for the new Tequesta Public Safety Facility
2004 ArtiGras Committee Member
2004 Present Benjamin School Committees
please.
Application for City Advisory BoardlCommittee Appointment
P: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
provided by law.
3
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
,@f Art in Public Places Advisor?; Board (meets 3'.d 'I'uewla? of each month at S:30 p.m.)
0 Community Aesthetics Board (meets tS' Wednesda? of each month at 530 pm.)
0 Parks and Recreation Advison Board (meets the 3& \londi#, of each month at 7:OO pm.)
0 Economic Devetopment Advisor?. Board (meets the 3"' Thurtda? of each month at 8:30 am.)
0 Budget Oversight Committee (meets the -tih 'Thurtda! of each month at 8:30 am.)
(I] Planning, Zoning & Appeals Board * , (meets the 2"d and 4'h Tuescla~s of each month at 6:30 nm.)
)
If you have checked more than one box, which would be your.
1 '' Choice 2"" Ctwicc 3"' CIIO~CC
Are you currentIy serving on a Palm Beach Gardens Board or Committee? <' ) Yes ( /) No
Which one@)
Previous service on City Boards or Committees? ( ) Yes (A) No
Which one@) Date@) of Service:
Are you currently serving on a Palm Beach County Board or Committee? (
Which one@)
Previous seMm on County Boards or Committees? (
Which one@) Date($ of service:
) Yes ( 4 No
) Yes (/) No
Are you able to attend: ( F ) daytime meetings ( /j evening meetings
~m~~~L ccM&
3 F9LStVrs€J-iii re you registered in the state of Florida? Y LA
re you lice- in the state of Florida: 7 ti
Another State:
Another state:
Do you possess a City of Palm Beach Gardens occupational license? 00
How long have you pl-dctced the above profession? 1 b L\ r-5
Preferred mailing address: ( NHome (
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes()oNo
)office
Please explain:
r
a Architect, Architecture designer, bnds~ape designer
0 Urbanplanningldesign
0 Arts and cultural institution management
0 Building construction
0 Horticultureandlandscaping
e( Youth or adult educator
a own/operate a business in the City. a Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Comdor Association.
0 Attorney a Engineer
0 Real estate professional
a Landswveyor a Banker
a Accountaut
p' Other HVT rr/\~dr~ X-~Ceolm
Course of Study
Are you registered to vote in Palm Beach County? ( mes (
Have you participated in civic or community activities: yes: ()o NO: (
) No
GD IC' oass L'c SM I. Gc~w-ntA, ~ocGLP&~-~~AVTS~D~+~.
I understand the duties, role and time commitment to the Boards or Committees to which I have applied.
LIZ_& /07
Date
c&j-&&b
Signature
How did you learn about the Board or Committee for w-hich ?ou have applied:
City's Web site: Cummunit? Cmup: Ncn spaper (specify)
F + Other: (specif!) 7 City's direct mail Brochure:
Prior to submitting an amplication, you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kept on file in the City Clerk's ofice for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 2, 2007
Meeting Date: July 19, 2007
Resolution 65, 2007
Subject/Agenda Item: Resolution 65, 2007, Adopting a proposed maximum millage rate for
fiscal year 2007/2008 and setting the date, time and place for the first budget hearing
[XI Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
City Attorney
d
Submitted by:
Allan Owens
Finance
Approved by:
City dlaniger
Originating Dept.:
Advertised:
Date:
Paper:
[XI Not Required
Affected parties:
[ ] Notified
I
[ ] Not required
costs: $0
Total
$0
Current FY
Funding Source:
[ 3 Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/
[ ] Denied
conditions
[ ] Continued to:
Attachments:
Resolution 65, 2007
[ ]None
Date Prepared: July 2, 2007
Meeting Date: July 19, 2007
Resolution 65,2007
0 BACKGROUND:
The City is required to file with the County Property Appraiser and Tax Collector a
proposed millage rate that will be sent out on the Notice of Proposed Taxes in August.
With the receipt of the final property values from the Property Appraiser, the FY
2007/08 proposed operating millage rate, calculated in accordance with the provisions
of House Bill IB, is 5.105, and debt service is .149, for a total millage of 5.254. As per
the recently adopted tax reform legislation, the proposed operating millage is the
maximum millage that may be set without a super majority vote of the Council.
Once we have filed a tentative millage with the County, these rates are the maximum
that can be levied. They can be lowered at the budget hearings, but they cannot be
increased.
In addition, we need to notify the County of the date, time and place of the first public
budget hearing. These dates cannot conflict with the scheduled hearings of the Board
of County Commissioners (BCC) and the School Board. We have been advised by the
BCC and School Board of the following dates for their hearings:
0
0
BCC: September 6'h and September 20,2007
School Board: July 25th and September 5,2007
0 RECOMMENDATION:
Staff recommends the Council set the tentative operating and debt service millages at
5.105 and .149, respectively, to file as the City's tentative millage rates with Palm Beach
County, and set the date for the first public hearing for the FY 2007108 budget on
September 4th, 2007.
Date Prepared: June 20, 2007
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RESOLUTION 65,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING A PROPOSED
MAXIMUM MILLAGE RATE FOR THE CITY OF PALM BEACH
GARDENS FOR FISCAL YEAR 2007/2008; SETTING THE DATE,
TIME, AND PLACE OF THE FIRST BUDGET HEARING; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida must
determine a proposed millage rate within 35 days of July 1 as required by Section
200.065, Florida Statutes; and
WHEREAS, the City Council must set the time, date, and place of the first public
hearing on the budget within 35 days of July 1 as required by Section 200.065, Florida
Statutes; and
WHEREAS, the City Council must notify the County Property Appraiser of the
proposed millage rate and the time, date, and place of the first public hearing on the
Fiscal Year 2007/2008 Budget within 35 days of July 1, 2007; and
WHEREAS, the City Council has deemed the 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.
SECTION 2.
5.105 mills.
SECTION 3.
.I49 mills.
SECTION 4.
be at 7:OO p.m. on
Chambers.
SECTION 5.
The foregoing recitals are hereby affirmed and ratified.
The Fiscal Year 2007/2008 proposed operating millage rate is
The Fiscal Year 2007/2008 proposed debt service millage rate is
The first public hearing on the Fiscal Year 2007/2008 Budget shall
September 4, 2007, in the City of Palm Beach Gardens Council
This Resolution shall become effective immediately upon adoption.
Date Prepared: June 20, 2007
Resolution 65, 2007
day of , 2007. 1 PASSED AND ADOPTED this
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CITY OF PALM BEACH GARDENS, FLORIDA
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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 ---
44
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46 47 \\pbgvfiIe\Attorney\attorney_share\RESOLUTlONS\tentative millage rate - reso 65 2007.doc
2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 12, 2007
Meeting Date: July 19,2007
SubjectlAgenda Item: Requests for reimbursement of attorneys' fees.
[ ] Recommenda r 1 Recommenda
Reviewed by:
City Attorney 4
Finance Director
Submitted by:
Department Director
Cit'y Ma4ger
:ion to APPROVE
:ion to DENY
Originating Dept.:
Advertised:
Date:
Paper:
[ x] Not Required
Affected parties
md
[ x] Not required
costs: $
(Total)
$-
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ]Denied
[ ] Continued to:
Attach me nts :
[ ]None
Date Prepared: July 12, 2007
Meeting Date: July 19, 2007
BACKGROUND: Attached are requests for reimbursement of attorney’s fees
received from former Councilmember Carl Sabatello and Councilmember Jody
Barnett.
FAX NO.
SHUTTS 4- BOWEN -
- LLP
AITORNT!Y$ AND COUNSELLORS AT LAW
May 9,2007
Re; Carl SabateIlo - Reirnbursemcnt For Legal Expenses
Dear .Ids. :hi tim:
AL'r:a(:Iied as Exhibit A is B copy of a December 8, 2006 letter 1 rcccived fim .41sis tali
U.S Attornyi John S. Kastrenakes stating that "Mr. Carl Sabatello is not the subject or targc t of
~uiy c.wr'ent I '::dm1 Grand Jury Investigation being 1:onducted by the United. States A:tc rnl:y's
Office of Ilic ilouthem District of Florida." Hope.hlly, your receipt 01' this letter will a:czlc:ate
the ~~l-~ces!; of securing reinibursemcnt ofthe legal expenses M. Sabatc:Ilo paid out-of-pl)cltet for
his iyal defi.iise in connection with a 'Federal iiivestigation which war laLmched at or i.bout the
timc the 'Ekii Beach Post published a. series of micles calling intc question the legalit). of
;e~,;iir. of his :ii:tions while he served as a. City Comiissioner. Attachcrd as Exhibit l3 ai*e co1,ies
of Shi: tts & .E; :)wen's invoices for legal. expenses which Mr. Sabatello I laid this firm whicl-. cc ver
*ha IW~UXI MI I!' 2003 Lip to rind including April 2007, totaling $43,290.!17. T redacted the d:ta led
.inii atn ::s I I 4 eliminate di3closing privileged attomay-client commur ications and to s ifcg~ ard
A'CIl'J.: ~l:roc~~cl
Pleast kt me know if there is additional information required to secure reirnhmea ent
TUI. !<I I. Sihat AO'S legal exl~enses.
Sincerely, F% seph F. McSarl y
I;C: Carl Satute:llo
IJA Department d Justice
linited Stctes Attor IE~
Southern District o fHorida
,,..
SO0 South Auslraliun e.
Sulie #OO ,
WC$f &lJn b'cach, FL 93401
(361)620-8711
December 8,2006
Csrl Sabatella
I wr
.. Pur,~ imt to our previous telephone conversations regarding the above-captioned in~tte A,
ph! F: be a Wsed that Mr. Carl Sabatello is not the subject or target afaiy cuirent Federal Grand
Jq Invest.; {tition being conducted by the United States Attorney's Office forthe Southern I)is tril :t
af Florida.
If y: ti have any further questions, please do hot hesitate to contacb me at (561) 659-47 72
Sincerely,
R. ALEXANDER ACOSTl L
. By: Xi%% /
Ass stant U.S. Attorney
I -4
'. J
Mf"! (<l-:''l ti' EE'D 1:39 PM FAX NO,
,.. .
C ( nt; 20074-001 1
Re: Federal Ormid .IWIJ Xnvestigdorr
Po professional stirvices I-cndered thru: Dcccnzber 31, 2006
4 5 .;!5 P
Credits AppI ied ((1.03) -- .,"_. -.-
CIJ tmnt Balance 'Due 301,:!5
Prior Bnlnnce Due 0.t)O
Terms: DUE WON RECEIPT.
A ; 0,; per ai( nth late paynlcnlt charge will apply on any unpaid balance over 311 days from dats of i~i*~oi( e,
Fcdcrcrl I.D. No. SY-0.147322
'IC 1YSUF.E 'kDPER CREDIT, PLEASE ETIJRN ONE COPY 01'Tl-E COVE t SHEET WHEN MAILING
PAYMENT. THANK YOU.
l
FAX NO,
Climt: 20074-00N
P.
Terms: DUX UPON 1UCEIPT.
A .'I!<; pcr rniwth lntc paymert chnrgc will apply on any unpaid balance over 311 dags from dslr ol inl*oice.
Fi?dc?rtrl I.Q, NO. 594447122
TC I'PJSL 1% 'ROPER CREDIT, PLEASE RETURN ONE COPY OF THE COVE < SHEET WHEN M 41.;IN Z
PAYMENT. TI-IANK YOU,
MfiY- 09-2307 WE:D CI~ : 39 PM FAX NO, P, 1.
...'
Terms: DUE UPON RECEIPT.
A 'I (I/O IIIT r rcltilh late pnyiiie:nt clidrga will apply on any uiipnid bilancc ouer 2 0 days from dntc o 'iiiilo ce.
Pccl~rci! I.D. No. 594447122
FAX NO, P, c;'
s
.. .
July 11,2:!06
Cu rwnt Balance :Dne 22: ?,Xi
Terms: DUE UPON JU3C;I"IPT.
,5 I '1.1 per ir ~1~11:h latc pnymeiit charge will apply on any uupnid bnltaiice oiw 30 days froin detc of in toi( e,
Federal I,P. No, 139-0447122
--.
FAX NO.
Atly No.: 01!;8
Invoice: 1253!11
FAX NO, p, +(: '.
Cli :lit: 20074400 1
'l3; 111 Expense
CrediLs Applied .---
CJ rrent Balance 'he
L .75
(0 oq ---
3 :62".25
uo ---
8 3 I C 2" .2 5 --- --
FAX NO, P.
Terms: DUE UPON RECEIPT,
A 1 'IC p:r ni irifh late papiant c.linrge will apply on ally iriitinicl bnlnnco over 30 days from detc of in oic :,
Federd LD. Nu. 5%-D11.17122
". .
MhY- 119-2307 VE:D (11 : 40 PM FAX NO,
TO ri.mm ,$.UPIIT{ mmr, PLEASB IGTURN ONU COPY OF THE COVER SHEET WHEN M/,KI-N( i
PAYMENT. THANK I'OU.
I.li+@I
...
MfiY- C19-23(li' EElD :I1 40 PM FAX NO,
Clicnt: 201374-0001
P, 13
Total Service $276.00
Total Expnse 0,oo
Crsdits Applied (o,oa)
Current Balance Due $276.00
Prior Balunce Die ' 490.75
~~
Total BaIancc Doe . %766,75
. Terms: DUE UPON TWXXPT,
A j '1; per II i8nth lute psyment charge will apply on nny unpaid bnlance oyer 4!; days from date ot'inloii e. Fcdml I.D. No.. 594467122
P. 14
Total Service
Total Expense
Credits Applied
$4.71 -00
19.75
(0,OO)
Currenl: B~l~tiim Due $490.75
Prior Ralancs Due 0.00
Total Balance Due $490.75 , ,
Terms: DUE UTON' IUK!l%PT.
A I% pel nicinth late pnyment charge will apply on any unpaid balnncc over 415 days from date o[tiya,ce, FederdLD. No, 59-0447122
FAX NO, PlfiY C 9-i: :I[ li' E E:D . 1 40 PM
Cnrrcnt Balance Due $69.00
Prior Balance Due 0.00
Total Balmce Due $69.00
Terms: DUE UPON RECETPT.
A !% ywr twth late paymtnt charge will apply on my unpaid bnlance owr 4 ; days i'r'rorn dnle o 'ik IW cc,
Fe%rlcrd .LD, No, 59.s0647122
::ti INSIJR~ PROPER CREDIT, PLEASE RBTURN ONE COPY OF THE COVER SKEET V'I4EN hiA RD JG
PAYMENT. TRANK YOU.
. 11.1 ,.. ,
i.
FAX NO,
Total SerAcr: $333.50
Total. Expcn:ns-: 0.25
Crcclits Applied (0.00s
Current !3nlance Due 3333.75
..-
Prior .BaEnnce DUE' 0.00
$333.75 Total :Bdanca Due
-
--.- ----
Terms: DUE UPON RECEIPT.
A I?;! pf:r 111 irdh late payment chftrgl: will nppply on any unpnid balance DVW 4 I dnys from &de 01 invoi :e. 2itdersl LP. No. 59-0447122
MAY-.Il9-2XIi WED 01 : 40 PM FAX NO,
CIient: 200:f4-0001
Re: Farlernl Grmd Jtrry Imosl'iggnliorr ..-
For prol'eesioaal services rendered tlxu; S~pte11tbnr 30, 2003
Total Servics $795.00
-. -
Tatul Expense 0,OO
Credits Applied (0,OO)
$795.00
._
Current Bdance Due
Prior Balance Due 0.OD
Total Balance Due $795.00
.- --
' Iqbl Terms: DUE UPON lXECEDT. A 'I !IO par rtionth late potymrmt clirrrgc will npply on any unpaid bahhce over 4 5 days from date of iwa cc.
FfldernlLD. No, 59d4g7122
_-
P, 16
-.
Total llalance DUB 9; 1,2 90.3 5 .-*
Terms: Puli: UPON PalCEET.
A 1 YfI per KI iith late pnjmert charge will npply an any unpaid balance oyer 45 dnyfi from dah or irrmic c.
I Fd~d bD. NO. .59-0647122
FAX NO,
f!ZK.JTTS & BOTVEN LLP
ATTORNDS'S AND COlMSELLORS AT CAVI
For professional Bevices retidered tlm.1: sGdy 51, 2003
Total Scrvic: $8,195.00
---
Total Expen ;e 88.46
Qedib Applied (0.00)
Current Balance Dne $8,283,46
P, 19
Prior B~innca Due ' 5,012.24
. .
Total Btllance Due $13,295.70
Terms: DUE UPON RECEIPT.
ii I 'I/o per 1 t~onih late paymint charge will apply on any unpid haluncl: over 4 5 dxys from dde ol'i~vo ce, Fcdorvzl LD. Na. 5!J-O44 71 22
FAX NO,
-~ ~
Total Service
Crdits Applied
S4.,946.00
(0 .OO)
66.24
PIaior .Balance Due
335,012.24
6,263.97 -
Total Balance Due ' $11,276.21
7'otnl Service
Total Expense 732.42
Cke4ih Applied
Discount
(I 0,000.00)
(617.45)
..1
Cirrreiit Ilalance Due $6,263.97
Pr.ior Ilalnrice Due 0.00
JO~V Bantett
59 Windsor Lam
Palm Beach Gardens, FI 334.18
561m95.l-5694
July 10,2007
SENT VLA FACSIMILE 799-4139
AND U.S. mIL
Christine Tatum, Esq.
City Attorney
City of Palm Beach Gardens
10500 N, Military Trail
Palm Beach Gardens, FL 33410
Re: Jody Barnett - Reimbursement, Legs1 Expenses
Dear Christine:
Please let this serve 85 my request for reimbursement of lcgal expenses incurred in
connection with an ethics complaint filed against me by Fire Chief Rergel. The complaint arose out
of my actions as Vice Mayor, whercby I expressed concerns regarding the City’s inappropriate
spending of tax dollars.
The underlying factual situation in this mattcr was a small claims dispute between two
flrcfighten with the amount in question being slightly morc than $800.00
I have attached the Press Release from the Stak of Florida Commission on Ethics, dated 3une
13,2007 in which is stated that the Commission dismissed the abovementioned complaint duc to a
lack of legal suffliciency. Also attached for your reference is the invoice I received from my attorney,
David Spicar, in thc mount of$1.,200. 1 am requcsting reimbursement of the $1200.
Plca,se let me know if you nod any additional infomation. I look forward to a resoliltion
to this matter.
Sincerely &&--
Jody Sa&ett
cc: David Spicer, P.A.
Attachments
Norman M. Ostmu
Ch uir
Albert P. Mimy, 111
Vice Chuir
Michael W, Brawn
Cheryl Forchilli
Lataur "LT" Laf'fcrty
Charles Lydecker
Christopher T. McRee
Thomas P. Scarritt, Jr.
State of Florida
COMMISSION ON ETHICS
P.0. Drawver 15709
Tallahassee, FL 32317-5709
3600 Maclay Blvd., South, Suite 2011
Tnllahmmee, FL 32312
Philip Claypool
Executive Dimetor
(850) 488-7864 Phone
278-7864 Sencam
(850) 488-3077 (FAX)
m.ct hics.9tate.fl.w
PRESS RELEASE
For immediate Release
June 13,2007
CONTACT PERSON:
Philip Claypool or
Kewie J. Stillman
850.488.7864
May be accessed on the Internet at www.ethics,state.fl.us
TALLAHASSEE-June 13, 2007-The Florida Commission on Ethics, meeting in
Tallahassee on June 8 in closed executive session, found probable cause to believe
that seven local public oficers may have violated the Code of Ethics, Chairman Norman
Ostrau announced today. A finding of probable cause is not a determination that a
violation has occurred. Such a determination is only made aRer a full evidentiary
hearing on the charges.
The Cornmission found probable cause to believe that JEFF PINKUS, City
Councilman for the City of Marathon, had a voting conflict when he voted on resolutions
concerning the Key Colony Bay Hotel, which was owned by one of his principals,
Probable cause was also found that Pinkus had a prohibited conflict because of his
contractual relationship with a developer whose interests were discussed during a
meeting with City and County school board ofkials concerning workforce housing in
PRESS RELEASE
June 13,2007
Page 2
which he participated. Because the investigation revealed that Pinkus was working
toward a "common good" at the meeting in question, the Commission will take no
further action on the allegation. Charges that he had voted on other matters which
resulted in special private gain or loss to other principals were dismissed. The
Commission also cleared Pinkus of charges that he violated Florida's gifts law, accepted
a free country club membership when he knew or should have known it was given to
influence his vates on redevelopment ordinances, or misused his office, official
resources, or information obtained because of his position for his benefit or the benefit
of others.
Probable cause was found to believe that EVELYN HAMMOND, Mayor of the
Town of Century, misused her office by allowing her son to continue to receive utility
services when his account was delinquent or by directing that late fees be dropped from
his accourt The Commission also found probable cause to believe that she misused
her position to retaliate against Century Little League for her son's special benefit.
Charges that she misused her office to give a raise to her son and charges that she
promoted, advanced, or advocated the promotion or advancement of her relatives were
dismissed.
The Commission found probable cause to believe that CHRISTINE COKE, Ft.
Pierce City Commission member, had a prohibited business relationship with the City
because of numerous purchases by the City from her business. The Commission also
found that Coke had a prohibited conflict because she had a contractual relationship
with a company that was doing business with the City. However, since she had
otherwise disclosed her interest in the business and took steps to comply with the
PRESSRELEASE
June 13,2007
Page 3
competitive bidding law, the Commission will not proceed further with these charges
unless Coke requests a hearing.
Jhe Commission dismissed a complaint against WILLIAM "BILL" OCKUNZZI,
Mayor of Indian Rocks Beach, with a finding of no probable cause. The Commission
determined that his vote on a measure which authorized the operation of bed and
breakfast establishments in his home's zoning district did not inure to his special private
gain or loss.
The Commission cleared BOB CARILLION, member of the Board of Trustees
and the Architectural Review Committee for the Barefoot Bay Recreation District, of
charges that he misused his office by making an unauthorized appearance before the
Brevard County Board of Adjustment as a representative of the recreation district and its
architectural review committee, for the benefit of Barefoot Bay property owners who had
variance requests before the County.
Charges that LOU MILLER, Superintendent for the Madison County School
District, misused her position to employ friends without properly advertising the
positions to the general public were dismissed.
Probable cause was found to believe that CORETA UDELL-FORD, White
Springs City Councilwoman, misused her position to attempt to intimidate a City police
officer during the course of a routine traffic stop.
The Commission found probable cause to believe that MARY JANE LITTLE,
Director of the St. Johns County Public Library System, misused her position to collect
signatures on a political petition in a County building, during working hours. Because
Little stopped collecting the signatures when confronted by a libraly board member and
PRESS RELEASE
June 13,2007
Page 4
apologized for her lapse in judgment, the Commission will take no further action on the
charges .
Probable cause was found that MICHELE KING, Gulf Coast City Councilwoman,
may have violated financial disclosure laws when she failed to list rents received as
sources of income on her annual statement of financial interests for the years 2001
through 2005.
The Commission found probable cause to believe that MIKE SCOTT, Lee County
Sheriff, failed to report a gift of free legal representation on quarterly gift disclosure
forms. Because Scott filed the required disclosure prior to the probable cause hearing
in the case, the Commission will take no further action on the matter. Allegations that
he received a prohibited gift valued at more than $100 from a lobbyist were dismissed,
Scott was also cleared of charges that he misused his position to obtain personal legal
services from the Sheriffs Office's attorney and that he had a conflict of interest
because of his representation by the attorney.
The Commission dismissed complaints against the following individuals due to a
lack of legal sufficiency: CHARISA KESLER, teacher at Union Academy Middle Magnet
School in Polk County; CHARLIE CRIST, Governor and former Attorney General;
HOWARD C. FORMAN, Broward County Clerk of Courts; RIC L. BRADSHAW, Palm
Beach County Sheriff; FRANK JOSEPH BERNARDINI, Broaksville City Council;
EDWARD ROBERTS, teacher at Beasley Middle School in Palatka; CHARLES
CASSINI, Legislative Assistant in the Florida Senate; STEVEN GELLER, Senator,
District 31; JODY BARNETT, Palm Beach Gardens Councilwoman; CHARLES S.
DEAN, SR., Representative, District 43; JOHN LEGG, Representative, District 46;
PRESS RELEASE
June 13,2007
Page 5
MITCH NEEDLEMAN, Representative, District 31 ; NATHAN BOND, Staff Director for
the Florida House of Representatives Committee on Courts; NANCY ARGENZIANO,
former Senator, District 3 and current member of the Public Service Commission;
PRISCILLA TAYLOR, Representative, District 84; DURELL PEADEN, JR., Senator,
District 2; ARTHENIA L. JOYNER, Senator, District 18; DAVE ARONBERG, Senator,
District 27; KEN PRUIlT, Senate President; and LUIS GARCIA, JR., Representative,
District 107.
The Commission's reviews for legal sufficiency are limited to questions of
jurisdiction and determinations as to whether the charges in the complaint are adequate
to allege a violation of the Code of Ethics. As no factual investigation precedes the
reviews, the Commission's conclusions do not reflect on the accuracy of the allegations
made in these complaints.
PUBLIC SESSION
In public session on June 8, the Commission took final action on a complaint against
THOMAS GALLAGHER, former Chief Financial Officer of Florida. The stipulated
agreement between Gallagher and Special Commission Advocate Scott Tozian finds that
although the probable cause finding still stands, the Commission will take no further action
on the charges because the public interest would not be served by further proceedings.
The Commission also accepted a settlement agreement between its Advocate and
LAMAR FISHER, Mayor af Pompano Beach. The settlement finds that Fisher violated the
Code of Ethics by doing business with his own agency. The agreement dismisses charges
that he had a prohibited contractual relationship with an entity doing business with the City
and allegations that he failed to publicly state on the record the nature of his conflicting
PRESS RELEASE
June 13,2007
Page 6
interest when he abstained from a vote as required by law, with a finding that the public
interest would not be served by further proceedings. The Commission recommended
imposition of a $1,050 civil penalty.
The Commission also took final action on two settlement agreements between the
Commission Advocate and offkials from Lynn Haven. WALTER KELLEY, Mayor of Lynn
Haven, agreed to a finding that he violated the Code of Ethics by failing 20 properly camply
with all of the requirements of the financial disclosure law when completing his 2005 CE
Form 1's. ANTONIUS BARNES, Lynn Haven City Commissioner, agreed to a finding that
he violated financial disclosure laws by failing to comply with the requirement of the law
when he completed his 2004 and 2005 CE Form 1's. The imposition of a civil penalty of
$700 was recommended in each case.
A settlement agreement between EDUARDO ANDREU, Code Enforcement Board
member for the City of Orlando, and the Commission Advocate was approved by the
Commission, The agreement finds that Andreu failed to properly complete his CE Form 1's
for 2003, 2004, and 2005. The Commission recommended the imposition of a $300 civil
penalty.
The Commission adopted two formal advisory opinions that state that a city
commissioner does not have a voting conflict when presented with measures to hire or
dismiss city attorneys, or measures to settle land use lawsuits where the Commissioner is
named, but the Commissioner personally will not pay for the litigation.
In another advisory opinion, the Commission reviewed the post-employment
restrictions applicable to state agency employees. The Curnrnission determined that
because of the particular circumstances presented, which include the fact that the contract
PRESS RELEASE
June 13,2007
Page 7
in question was entered into prior to the person's brief employment with the agency and
that the fact that he did not monitor the contract, the former employee of the Department of
Children and Family Services is not subject to the two year post-employment restriction for
state agency employees.
Contact the Commission ofice to obtain rulings on appeals of automatic fines
imposed for late submission of financial disclosure reports submitted by public officers and
employees. (See Items VI., VH., and VIII. on the June 8 Meeting Agenda posted on the
Commission's website.)
The Florida Commission on Ethics is an independent nine-member commission
formed in 7974 to review complaints filed under the statutory Code of Ethics and to
answer questions from public officials about potential conflicts of interest through its
issuance d advisory opinions.
If Ethics Commission members believe a violation of the law may have occurred,
they may decide to hold a public hearing. If they conclude a violation has been
committed, they may recommend civil penalties that include removal from office or
employment and fines up to $10,000.
Law Office
of DAVID W. SPICER, PA.
11380 Prosperity Farms bad
Wte 204
Palm Beach Gardens, FL 33410.23477
Main: 541425-6066 Fax: 5616256016
INVOICE
Date: June 28,2007
Number : Of1 063
Terms: Within 31) Days
FOR SERVICES RENDERED DURING THE PERIOD REFLECTED BELOW
Bill to:
Jody 1. Earnett, Esquire
Mitchell J. Beers, P.A.
1 1380 Prosperity Farms Road
Suite 204
Palm Beach Gardens, FL 3341 0-3477 Matter #
Regarding: Barnett, Jody v. C'Ky of Palm Beach Gardens , 67-122
Services Rendered
Date Staff Description Hours
4/30R007 DS Initial Consultation wlClient 1 .oo
4/30/2007 DS Preparation of Affidavit 0.50
4/30/2007 DS Review Complaint 0.50
4/30/2007 DS Review of documents provided by client 0.25
5/01/2007 DS Research 1 .00
5/04/2007 DS Letter to State of Florida 0.50
811812007 OS Receipt and review of Order Dismissing Complaint 0.25
Total Fees for this Matter $1,200.00
Tatal New &harp
Previous Balance
$1,200.00
$0.00
Balance Due $1,200.00
A/R Aging
Current 30 Days 60 Days BO Days 120 and Over *- Total
$1,200.00 $O,OO $0.00 $0.00 $0.00 $0.00 $1.200.00
Staff Summary
Staff Name Position Hours Rate
DS David Spicer Attorney 4.00 $300.00
- When More than 7 Page is Enclosed, See Last Page far Total Amount Due -
City of Palm Beach Gardens
Council Agenda
July 19,2007
Mayor Russo
Vice Mayor Levy
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Council Member Jablin
Council Member Valeche
Council Member Barnett
r/ I.
J II.
4 m.
JIV
J v.
dvL
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
July 19,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
The proposed maximum millage rate for fiscal year 2007/2008, setting the date,
time and place for the first budget hearing.
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
CITY MANAGER REPORT:
a.
/a. {Parre 5) Report on Special Events Process.
\ VII. COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, Dlease submit
reauest form to the Citv Clerk Dnor to this Item)
VIIL CONSENT AGENDA:
a.
b.
(Page 2381 Approve Minutes fiom June 7,2007 regular City Council meeting.
fStaff ReDort on Pam 243, Resolution on Page 246) Resolution 61, 2007 -
Traffic Control Agreement. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving an Agreement for Traffic Control Jurisdiction
between the City of Palm Beach Gardens and Catalina Lakes Homeowners
Association, Inc.; and providing an effective date.
C.
d.
e.
f.
JStaff Report on Page 251, Resotution on Page 253) Resolution 68, 2007 -
Award of the Janitorial Services Contract. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving an Agreement to German's
Maintenance Service, Inc. to provide Janitorial Services within municipal
buildings specified in Request for Proposal No. 2007-03; authorizing the Mayor
and the City Clerk to execute said agreement; and providing an effective date.
{Staff Report on 320, Resolutioi ;e 322) Resolution 69, 2007 -
Agreement with HicKman Community Services. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a Master
ContradodServices Agreement with Hickman Community Services, LLC for
Roofing Supplies and Related Services following a natural disaster; authorizing
the Mayor and the City Clerk to execute the Agreement; and providing an
effective date.
*-
[Staff Report on Pa olution a -7&Resolution 72, 2007 -
Maintenance Memoranaum or Agreement. A Kesoiuuon of the City Council of
the City of Palm Beach Gardens, Florida approving a Maintenance Memorandum
of Agreement with the Florida Department of Transportation for State Road 9 (I-
95) at the PGA Boulevard Interchange; and providing an effective date.
-
JPaee 420) Proclamation - National Recreation and Parks Month.
IX. PUBLIC HEARINGS:
Part 1 - Quasi-iudicial
kStaff ReDort on Page 421, Resolution on Pape 423LResolution 70, 2007 -
Trinity United Methodist Church Pla i Resolution of the City Council of the
City onalm Beach Garxns, Florida approving the Trinity United Methodist
Church of Palm Beach Gardens Plat; and providing an effective date.
Part I1 - Non-Ounsi-iudicial
Part I11 - Workshor,
4Staff Report on Page 42s Resolution on PaPe 439dmResolution lC, cvvf
-4 Resolution of the City Council of the City o
Palm Beach Gardens, Florida establishing the intent of the City to enter into a
Memorandum of Agreement with the Office of Tourism, Trade, and Economic
the Bioscience Research Protection Overlav: and Drovidine an effective date.
Development for the review of eligible Bioscience / Life Science projects
X. RESOLUTIONS:
a. [Staff Rt - ctb+ iio kn Page 472) Resolution 64, 2007 -
.4ppointmenr 01 memoers tu the Art 111 Public Places Advisory Board. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the appointment of regular and alternate members to the Art in Public
Places Advisory Board; and providing an effective date.
JStaff ReDort on Page 488, ResoIution on Pape 490) Resolution 65, 2007 -
Adopting a proposed maximum millage rate. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida adopting a proposed maximum millage
rate for the City of Palm Beach Gardens for fiscal Year 2007/2008, setting the
date, time and place for the first budget hearing; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XIL ITEMS FOR COUNCIL ACTIONDISCUSSION:
XIII. CITY ATTORNEY REPORT:
a. I e 492 Request for reimbursement of attorneys' fees. f&&-, - LCn dgpd 70 puLn03JV~Gt fLA &JD&Wo
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision mQde 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 verbadim 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 StaaCtes,
persons with &abilities dng special accollllllodafiolls in order to participate in this
proceeding are entitled to the provision of certain amistame at no cost please call the City
Clerk's office at 561-799-4122 no later than 5 hys prior to the hearing if this assistance is
required For hearing impaired assistance, please call the Floridh Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
City of Palm Beach Gardens
Council Agenda
July 19,2007
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.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
July 19,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
11. ROLLCALL
0 111. ADDITIONS. DELETIONS. MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
9
a. The proposed maximum millage rate for fiscal year 2007/2008, setting the date,
time and place for the first budget hearing.
V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
7: 44 a. Rape SLReport on Special Events Process.
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda, please submit
request form to the Citv Clerk prior to this Item) g: 90
VIII. CONSENT AGENDA:
g: vq
a. Uane 238) Approve Minutes fkom June 7,2007 regular City Council meeting.
b. lStaff Rewrt on Pane 243. .Re solution on Page 246) Resolution 61, 2007 -
Traffic Control Agreement. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving an Agreement for Traffic Control Jurisdiction
between the City of Palm Beach Gardens and Catalina Lakes Homeowners
Association, Inc.; and providing an effective date.
C. Jstaff ReDort on Page 251, Resolution QP Paze 253) Resolution 68, 2007 -
Award of the Janitorial Services Contract. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving an Agreement to German's
Maintenance Service, Inc. to provide Janitorial Services within municipal
buildings specified in Request for Proposal No. 2007-03; authorizing the Mayor
and the City Clerk to execute said agreement; and providing an effective date.
d. Gtaff ReDort on Pace 320, Resolution 04 PaEe 322) Resolution 69, 2007 -
Agreement with Hickman Community Services. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a Master
Contractor/Services Agreement with Hickman Community Services, LLC for
Roofing Supplies and Related Services following a natural disaster; authorizing
the Mayor and the City Clerk to execute the Agreement; and providing an
effective date.
e. I$ taff ReDort on Pane 345, Resolution on. Page 347) Resolution 72, 2007 -
Maintenance Memorandum of Agreement. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving a Maintenance Memorandum
of Agreement with the Florida Department of Transportation for State Road 9 (I-
95) at the PGA Boulevard Interchange; and providing an effective date.
f. me 420) Proclamation - National Recreation and Parks Month.
IX. PUBbl c HEARl NGS:
Part 1 - 0- ial g:@
a.
gNo
Gtaff Rem o n Pace 421, Rewlu tion on Pam ,4231 Resolution 70, 2007 -
Trinity United Methodist Church Plat. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the Trinity United Methodist
Church of Palm Beach Gardens Plat; and providing an effective date.
Part II - Nom-Quasi-iudicial *. I..
s'
a. i$tnff R eoort on P age 428, ResQ lution on Paw 4 39) Resolution 10, 2007 -
Memorandum of Agreement. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida establishing the intent of the City to enter into a
Memorandum of Agreement with the Office of Tourism, Trade, and Economic
Development for the review of eligible Bioscience / Life Science projects within
the Bioscience Research Protection Overlay; and providing an effective date.
IS'
5 -O
f
X. RESOLUTIONS:
a. (Staff ReDort on Pave 469, Resdution on Pam 472) Resolution 64, 2007 -
4ppointment of members to the Art in Public Places Advisory Board. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the appointment of regular and alternate members to the Art in Public
Places Advisory Board; and providing an effective date.
q ;OX
@
b.
t/ @
staff Renort on Pane 48 8, Resdution .qn Page 490) Resolution 65, 2007 -
Adopting a proposed maximum millage rate. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida adopting a proposed maximum millage
rate for the City of Palm Beach Gardens for fiscal Year 2007/2008, setting the
date, time and place for the first budget hearing; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT: cf;w -/o:oD em - ~07 a. JPaEe 492) Request for reimbursement of attorneys’ fees.
3-1 To RBIMUVLSU CWL *@W7&LLO XIV. ADJOURNMENT y-0 RM~
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:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Name: Print City: ?e Subject: (“A b4Nh (bh/h\ 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. I I
COMMENTS FROM THE PUBLIC Request to Address City Council Address: I City: Subject: 1 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 Address: 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.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print 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 Please Print Name: 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.
Please Print COMMENTS FROM THE PUBLIC Request to Address City Council f Name: m9iF s Address: c? KCdf7, 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 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.
t--- 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 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 City: Subject: 1 AAAcl,*5 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: 2333- Mw4WP.le d City: ?a& I Subject: c Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: 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.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: bG Address: %%%D \dhhW& v2q City: - 3’3YLG .. f Subject: 2. 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 Prin Name: Address: Boo WI- r u- c City: Subject: c w- fim w 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 T+A m.7 Name: 30 4 L3\h,+\q Address: 6-. L!hmux 9. A. LP k& Au -?- W 4b.y *‘ 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.
CITY couNcrL MEETING 07/19/07
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS:
NEW a.
DELETIONS:
MODIFICATIONS:
NEW b.
UNDER CITY MANAGER REPORT
Update on Mecca and Briger from Palm
Beach County staff, Shannon LaRocque and
Barbara Alterman.
NONE
UNDER CITY MANAGER REPORT
Report on Special Events Process.
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Fax: 561 6508399 Jul 19 2007 13:22 P. 01
@ 7/19/07 Qy C*&irC\%>~
k
VXA FGCSIIYICZLIS;
TO:
Mayor Joseph Russo
Ron Ferris, City ,Manager
Kara Irwin
City Cok~cil c/o 'City Clkrk
FROM:
Steykn Cohq Cheaq
PHONE: 650-8360
FAX NO:
799-41 11.
799-41.1 I.
799428 1
7994124
DATE:
PAGES:
NO:
..
July 19,2007
2
888020.1
3MX'lTcA Bornbud, Suite 10(1
RdmBuch,Qudcn, FL 33410
(SC1)691-8352 '
.- P
Fax: 561 6508399 Jul 19 2007 13:23 P. 02
i
-1 ~-PGACORRID - if: ASSOCIATION
July 19,2007
Honoxable Joseph Russo, Mayor
City'of Palm Bea4h O'irdens
10500 N. Military Trail
Palm Beach Gvdebs, FL 33410
' Re: Outdoor Seating aytd Special Events
Dear Mayor Russo:
As you know, the, mission of the PGA Comdor Association
is to presltrve, enhanck and promote the PGA Gmidor as the
major business conidor within Northem Palm Beach
County. Members of the PGA Conidor Association include
q&+md 0%- ,ad, busipesses loc+ted in proximity to PGA Boulevard.
We understand that a fbw individuals have expressed me
concern about hours of opetation for outdoor seatin8 at
restaurants and special evenis wik the City.
Our members my support expanded and extended hours of
operation for outdoor sea- at restaurants, and expanded
opportunities fir specid events within the PGA Corridor.
We would encourage the City Council to Mer study this
matter and adopt new standards to more accurately reflect
the positive and cbangmg character of PGA Boulevard.
Steven Cohcn, Chairman
.- 5220 Hood Road, Suite 100 0 Palm Beach Gardens, Florida 334 I 8
(561) 627-1500 0 Far, (561) 027-1958 www.fgcre.com
Fischer Gaeta Coup.
Commercial Real Estate Services
July 18,2007
Via E-Mail jrussu@pbgtl.com
The Honorable Mayor Joe Russo and City Council Members of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 334 0
Re: Special Events and Hours of Operation for Outdoor Dining.
Dear Mayor Russo:
1 apologize that I can not attend the meeting in person as I am out of town. With the City
Council's stewardship we have transformed PGA Boulevard into he premier dining and shopping
experience in all of Palm Beach County. Thousaads of our Gardens residents enjoy the alfresco
dining locations as well as special events. These events are sponsored by the City and private
industries alike.
Our accomplishmts here are helping the long term economic efforts made by the City.
The employees of the various firms that we are trying to attract to our area view this corridor as
m advantage over other communities due to the quality of life.
I hope the City Council considers this when addressing the appropriate regulations
governing the activities.
If I can be of any assistance please do not hesitate to contact me.
Respectfully,
L; CLCtLL /
c- Ctt
Louis A. Gaeta, Jr.
President of Fischer Gaeta Corporation
Chairman of Gaeta Development Company
Vice Chairman of PBG Economic Development Committee
Past Chairman of PGA Comdor Association
CC: fiirmin J. Sanleet
Individual
.. I. , i *.'...,i" ,: ' .,' .:.: :-,...:.,,';*
Robert A Fixher, SlOR Louis A. Goeta, Jr., SlOR Neil J. Goeta, CCIM
Estoblished 1981
3
l(p gg&L +9/~7 cit"i' G&C/i.rr fic.;J. 3
NORTH PALM BEACH COUNTY
CHAMBER OF COMMERCE
July 19, 2007
Joe Russo
Mayor
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo:
The City of Palm Beach Gardens has spent many years crafting a community of
which many would envy. Integral to the strategy employed by the City was the
concept that sustainable communities need to be ones that actively encourage
and support a live, work and play environment. The most successful
communities in the country have and continue to employ this strategy and the
City of Palm Beach Gardens was certainly smart to do so as well.
Many years later, the City is now reaping the rewards of a community that
abounds in quality residential, retail, and recreational opportunities. It is now
incumbent upon the City to ensure that all of these components are able to live
side by side in a manner that creates both energy and balance for all.
Addressing this issue is simply the next life cycle of a community that is maturing
into a world class city.
As the issue of business hours, operations, and event programming arises by
residents, the City is faced with reviewing its regulatory statues many of which
have been on the books prior to the City's success in developing this mixed use
environment. In light of that, the North Palm Beach County Chamber of
Commerce would like to recommend to City Council that the City create a
community task force charged with reviewing how the community would integrate
its desire to encourage successful business and community events with the
importance of the safety and well being of its residents. There are many
examples throughout the state that have employed this concept to successfully
develop community ordinances that truly do support and encourage the live, work
and play slogan. Delray Beach is certainly one in our own backyard.
3970 Rca BOULEVARD, SUITE 7010, PALM BEACH GARDENS, FLORIDA 33410
(561) 694-2300 FAX (561) 694-0126
WWW.NPBCHAMBER.COM E-MAIL: INFO@NPBCHAMBER.COM
The issue really before you is not one of enforcement of what is here now, but is
what is really necessary to be there moving forward to ensure a successful
sustainable City of Palm Beach Gardens for the future. The North Palm Beach
County Chamber of Commerce is happy to serve in any capacity that the City
staff and council would deem appropriate to assist in this new task force as I’m
sure our partner business organization, the PGA Corridor Association would as
well. Anything less would be short sighted, something you have prided yourself
on not being to date.
1 Sincerely,
i/
hsey St@dbacher, CCE
President and CEO
National Edltlon Florlda. Partly cloudy wlth a scatter- ing of showers mainly In southern areas Hlghs 55 to 80 In the north, 60'8 In central areas, and 70's In the south Weather map appears on Page C18. VOL. CLV. . . . No. 53,430 Gp,rl#hI F 2005 The Nsw Yorh Times FRIDAY, DECEMBER 16,2005 Prlaird in Fori ~.u&rdal. ON€ DOLLAR HAVENS I Palm Beach Gardens, Fla. 69 The Latest It Destination in Southeast Florida
By CHARLW PASSY
W HEN you talk to people who have re
cently bouRht homes In Palm Beach
Gardens, Fh, It's lnevltable that
they wlll llkm thelr town to rome
better-known fun-ln4he-sun South Florlda
clty. For Jeff Wallncr, 38, a Phlladelphie
@mlture-company represan!atlve who
owns a vacation home In the Gardens, It was
Boca Raton "I thlnk you're snlng Palm
Beach Gardena become Boca-lzed," he sald.
Palm Beach Gardens and Boca do have
much In common. Both are defined by gat-
ed, country-club communltles replete wlth
golf course8 and tennls courts. Both are be-
coming lncreaalngly coamopolltan. wlth res-
taurants and atores that bring a measure of
New York-style wphlstlcatlon to a part of
the country ctlll very much deflned by sub
urban sprawl.
The dlfference ir that Palm Beach Gar-
ha, on the northem end of Palm Beach
County, 11 the newer "It" dtstlnatlon: a next-
generatlon answer to those who want to
avoid the congestlon that has overtaken
Boca, In the county's southern end, and the
crowds farther south around Fort Lauder-
dale and Miaml.
The Garden, haa more of a feellng of the
ftnh and new, wlth an array of communlt
ties bulk alnce the John D. and Catherlne T.
MacArthur Foundatlon wld off large local
holdlngr in thc BC's. (Mr. McArthur, M In-
~rance entrepreneur, helped eatabllsh the
clty in 1858,) That mans homes, mwtly
done In the locally popular Mediterranean
rtyle, wlth the latent amcnltles - granlta
countertopc, wood floors - and wllh clay.
tlle roofs that have hardly begun to fade.
Older areas of the Gardenc, dating back not
much further than three decades, also ha-
ven't lost thelr appeal.
Mr. Wallner, who had already bought and
sold three vacstlon homen In the Gardenr,
recently purchaned a threabedroom, tww
bathroom house for 1350,000 In Eaatwlnte
Country Club, n Rolf commun;:y bullt In the
70's. He flles In for severel lor 3 weekend!! a
year, joined by his wlfe and ~WV chlldren.
Tk Scene
Palm Beach Gardens Is about a half-hour
drive north of downtown Wes! Palm Beach
urd the Island of Palm Beach, one of the
country'# rlchert enclawa. .dthough It Is
stlll a bedroom communlty brupscale com-
muters to Jobs in West Palm Beach, It ah
ittracts affluent recondhorne buyers and
retlrees. Debble Arcaro, an agent wlth Lang
Realty In the Gardens, rald 1.m new buyers
lend to come from the New York area; they
don't call South Florlda the "slxth borough"
for nothlng. They are ala0 more than llkely
to be golfers. The clty I8 home to the Profes-
slonal Golfers Aaioclatlon.
An example Is Phll Laislter. a retlred (1-
nanclal execullvc who recently rold hla
SHOPPINO A atretch of PGA Boulevard, known as PCA Commons, has outdoor sculpturcs as well as restaurants and shops.
Manhattan apsrtment and has moved Into a
custom-bulk, slx-bedroom, 8,000-squarefoot
house In the newly developed Old Palm Golf
Club communlty, whlle also keeplng a home
In New Jersey. "I'm a golf nut," Mr. Lasslter
sald. He llkes the slze of the community,
small enough at a proJected 294 homes so
that tee tlmes aren't necessary and some
homea are very close to the course, designed
by Raymond Floyd. "I can walk to the first
Ice In three minutes," he srild.
Even avld golfers need to Ret away from
the Breen. or their spouaes do. And n slew of
reccnt commcrclal developments provide
lncreaslngly urbane alternatlves. Stroll
through the alsles of Whole Foods In Down-
town at the Gardens, a $500 mllllon clty.
styte shopplng center opened thls fall, on a
weekend and you'll flnd hordes of eager
shoppers snapping up imported cheeses and
or8anic produce. Stop by Spoto's Oyster
Bar, a popular hanuout In the PGA Com-
mons center, on a Saturday nlght and you'll
flnd a crowd that wouldn't look out of place
on an episode of "Sex in the City."
Downtown at the Gardens also Introduced
retallers llke Sur La Table, with Its upscale
cooklng tools, and plans to brlng In restau-
rants including New York's Rosa Mexlcano
and Strlp House. Connected to the complex
Is Landmark at the Gardens, the clty's first
true resldential high-rise. Nearby is the
Gardens mall, which is getting Its own up-
acule additlon wlth a Nordstrom depart-
ment store scheduled toopen in 2008.
The city al~o has several parks; public
golf. tennls and swlmmlng facilitles. and a
busy cityrun recreatlon program that ln-
corporates everythlnR from art classes to a
Sunday mornlng green markct.
Pros
Yes, there nre golf, tennls and that fast-
evolvlng dlning and retall scene. There's
i 190 the great weather, at least outside of
ihe often brutally hot, hurnld summers
3me is low. But for many new buyers, the
blgRefit atlrnction of the Gardens is the ease
of grtting IO othei places it's IO mliiutcq to
the beach, a half-hour (at most) to Palm
Beach Inttrnationnl Airport and less than
lhrec hours 10 rhe themc parksof Orlando
The alrport's closeness was a key sellliig
polnt for Lucy Quude, a 51-year-old Mary-
land real-estate agent. She and her golf-
lovlng husband bought a three-bedroom
home at Mlrasol, a new development ex-
pected to have 1,170 homes when complete.
Now they come for occaslonal vlslts; even-
tually they may retlre to the Gardens. "It
takes me 20 minutes;' she sald of the drlve
to the airport. Back home, when she needs to
hop onto a tllght In Washlngta, "I have to
plan on two hours in traffic,"she said.
Cons
The city lacks any real cultural center.
except for a communlty college theater.
Although mast locals give the clty govern-
ment credit for effectlvely managing
qrowth, sprawl seems lnevltable. especlally
wlth a malor biotech center, the Scripps Re-
search Institute. plannlng to establlsh Itself
In the area. "You can't stop growth," said
Vlce Mayor Eric Jablin, himself a North.
east transplant.
Oh, and there Is that meteorological phe-
nomenon known as hurrlcane season. Much
of South Florlda took a hit from Wllma thls
year; some houses are still showing roof
damage.
The Real Estate Market
Like Ihe rest of South Florida, Palm
Beach Gardens has experlenced a sharp ln-
crease in home prices 111 the past few years,
even hy the already heated standards of the
natlonal market. In the past year alone.
Palm Beach County prices rose 24 percent.
Starter and smaller homes - typically,
LAY OF TIE LAND
rorurmm 42,384 full-the; around
4,000 part-the.
sac 56 square mlles.
mo.r mw Golf-mad, affluent retir-
ees or prdesslonalla near retlrement,
from the New York metropolltan area
or elsewhere In the Northeast.
untn~wnr Several major carriers
serve Palm Beach lnternatlonal Air-
port ln West Palm Beach. From there,
it's a 20- to 30-minute drlve north to
Palm Beach Gardens.
wiu YW'M mowQ There are WV-
era1 chaln hotels. More Iwurlous Is
the339-room PGA Natlonal RCsOrt &
Spa (400 Avenue of the Champions,
800.833-9150 ; ww.pga-resorts.corn),
wlth flvegolf courses. Rooms and
sultes are $138 toW9 a nlght.
attached homes In gat& communltles or
stand-alone houses In older and decldedly
less luxurlous nelghborhoods - fetch at
least $250,000 to $300,OOO, a figure that 38-
tounds local real-estate agents. "I used to
sell those homes In the m161980's for
$50,000;' sald Robert Craeve, a veteran k
cal agent wlth Illustrated Propertles.
The country-club Ilfestyk, especially In a
newer development, costs much more:
homes typlcally begIn at about $750,000.
They start at $1.6 mtllbn In the new OM
Palm Golf Club development, where Mr.
Lasslter's house Is, and run from m,m to
$4 milllon In Mlrasol, Ms. Quade's communi-
ty. For a custom-bullt home In a relatlwly
small community, you're getthg Into the $3
mllllon to15 mllllon range. Although tho rise
In prices flnally appears to be coollng, a
shortage of remalnlng land to develop In
Pz!m Fesch "dens !I !My tc kcq
houses steadlly appreclatlng.
Then agaln, buyers could slmply look
north to the next "It" South Florida doatha-
tlon. Already, Stuart and Port St. Lucle, clt-
les wlthln an hour's drlve, are mentioned a8
prlmed for a boom. Even Mr. Wallnet. a bk
Gardens booster, sees hlmself leaving h
due time. "I'm probably golng to go north,
he said.
COMPARABlES ..
Where Golf Can Be a Way of Life (and We Don't Mean Boa Raton)
WHAT 2.boUroorri luwn house
This 1,200-square-foot town house is in a
220-unlt commtinity wlthln a larger rcsl.
dentlal development. It has two bath-
rooms and a lake vlew. Annual fees are
$3,150. Agent: Debbie Arcaro, Lang Real-
ty, Ml-B7 1-2968 ; www.debbicnrcaro.com.
lnfornlution on properlirs was supplwd
by fhe lisfing compcinies.
HOW MUCH $299 900
WHAT3-bodroom home
This 2,3Y7-squarc~foot house Is In the Bal.
lenlsles Country Club development, which
has three golf courses and 23 tennls
courts. The house was built in 2001 and has
three balhrocrms, a library, a pool and a
canal vlew. Golf membershlp ($100,000) Is
required. Agents: Laura Cole and Tana
Gasklll, Illustrated Propertles Real Es-
tate, 561-758-8625; www.ipre.com.
HOWMUCH 16749 Mx)
WAT Five-bedrm house
This 6,480-squarefoot house, a model
called the Montearrel, la on half an acre In
the 294-home Old Palm Golf Club. It Is
new and has slx and a half bathrooms, a
three-car garage, a flreplace, apool and
an outdoor kltchen. It Is offered furnished.
Club membershlp ($250,000) is available.
Sales: Old Palm aOlf Club sales center,
868-499-6742; www.oldpalmgolfclub.com.
HOWMWIlS3.918,~
CITYOF PALMBEACHGARDENS
P ALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHER EAS, parks and recreation programs enhance our quality of life by
contributing to a healthy lifestyle, increasing communication skills, building self esteem,
teaching life skills, and providing places for enjoyment; and
WHER EAS, parks and recreation programs boost the economy, enhance property
values, attract new business, increase tourism, and reduce crime; and
WHEREAS, recreation builds family unity, strengthens neighborhood involvement,
offers opportunity for social interaction, enhances education, develops creativity, and
promotes cultural diversity; and
WHEREAS, our parks and trails ensure ecological beauty, provide space to enjoy
nature, help maintain clean air and water, p rese r ve plant and animal wildlife, and
WHE REAS , recreation, therapeutic recreation and leisure education are essential to
the rehabilitation of individuals who have been ill or disabled; and
WHEREAS, the National Parks and Recreation Association and the Florida Parks
and Recreation Association designated July as Parks and Recreation Month;
N O W, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, do
hereby extend greetings and best wishes to all observing J~ly 2007 as Parks and Recreation Month.
ATTEST:
P~M'C, CITYCLERK
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 191h ay of July, in the year
Two Thousand nd S en.