HomeMy WebLinkAboutAgenda Council Agenda 021606
City of Palm Beach Gardens
Council Agenda
February 16, 2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Levy
Vice Mayor Jablin Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 16, 2006
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
a. On-going Service Assessment.
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 6) Approve Minutes from the January 19, 2006 regular City Council
meeting.
b. (Staff Report on Page 11, Resolution on Page 13) Resolution 4, 2006 -
Approve a work authorization to Vila and Sons, Inc. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a work
authorization and notice to proceed to Vila and Son Landscaping Corporation
based on its Annual Landscaping and Irrigation contract for median
improvements along Northlake Boulevard from Military Trail West to the Florida
Turnpike: and providing an effective date.
c. (Staff Report on Page 32, Resolution on Page 36) Resolution 22, 2006 --
Approve an Amendment to the Financial Assistance Agreement with Palm Beach
County for Beautification of Medians. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the First Amendment to the
Financial Assistance Agreement with Palm Beach County for Median
Beautification on Northlake Boulevard and Military Trail as part of the “Only
Trees, Irrigation, and Sod (OTIS) program; and providing an effective date.
d. (Page 56) Proclamation - National Engineers Week February 20 – 24, 2006.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 57, Resolution on Page 61) Resolution 17, 2006 -
Shoppe’s on the Green Monument Sign within Fairway Drive Median and
Easement Agreement. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an Amendment to the PGA National Comprehensive
Signage Program to allow a Monument Sign to be located within the Fairway
Drive Median for Shoppes on the Green at PGA National Development of
Regional Impact (DRI); approving an Easement Agreement, as more particularly
described herein; providing for waivers; providing for conditions of approval; and
providing an effective date.
b. (Staff Report on Page 103, Ordinance on Page 116, Resolution on Page 122)
Ordinance 9, 2006 – (1st reading) Amending the development order of the
Northcorp Planned Community Development (PCD). An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending Ordinance 1, 1990
relating to the Northcorp Planned Community Development (PCD) and Planned
Unit Development (PUD); transferring the conditions of approval of the
Northcorp PCD and PUD to Resolution 19, 2006; and providing an effective date.
Resolution 19, 2006 is a companion item to Ordinance 9, 2006 and
will require Council action at second reading.
Resolution 19, 2006 – Amendment to the 107-acre Northcorp Planned
Community Development (PCD). A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an amendment to the 103-acre Northcorp
Planned Community Development (PCD), generally located North of Burns
Road, South of PGA Boulevard, East of Interstate 95, and West of Alternate A1A,
as more particularly described herein, to modify certain conditions of approval;
and providing an effective date.
Resolution 20, 2006 is a companion item to Ordinance 9, 2006 and
will require Council action at second reading.
(Staff Report on Page 136, Resolution on Page 153) Resolution 20, 2006 -
Approving a site plan amendment to the Anspach project. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a site plan
amendment to the Anspach project at the Northcorp Planned Community
Development (PCD), to allow an additional 16,275 square feet of office use and
32,666 square feet of light industrial use, located on the 7.0-acre site which
comprises lot 1 of the South Park Center and lot 2 of the West Park Center in the
Northcorp Planned Community Development (PCD), generally located at the
Southwest corner of the Intersection of Riverside Drive and Northcorp Parkway,
as more particularly described herein; providing for waivers; providing for
conditions of approval; and providing an effective date.
Part II – Non-Quasi-judicial
a. (Staff Report on Page 183, Ordinance on Page 185) Ordinance 2, 2006 – (2nd
Reading and Adoption) Approval of a seven-year franchise agreement to Waste
Management, Inc. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida granting an exclusive Solid Waste, Recycling, and Vegetative
Waste Collection Services Franchise to Waste Management, Inc.; authorizing the
Mayor and City Clerk to execute the franchise agreement with Waste
Management, Inc.; and providing an effective date.
Part III – Workshop
a. (Page 238) Evaluation and Appraisal Report (EAR) 2005 “Major Issues”
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
January 19, 2006
The January 19, 2006 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:06 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor for
a Day Samantha Hagar, and opened with the Pledge of Allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy,
Councilmember Valeche, and Councilmember Barnett. Mayor for a Day Samantha Hagar
was also present, and was recognized by the Council for the good job she had done.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett indicated she would like a report at the next meeting on how phone
calls to the City were monitored. City Manager Ferris reported a staff member had notified
their supervisor of a call, the supervisor had notified him, and he had called Councilmember
Barnett to see if he could help, and that was his report. Councilmember Levy acknowledged
those present in support of approving lighting for the roller hockey rinks, which was on the
consent agenda. Councilmember Levy reported that Sharon Green from the Palm Beach
County Health Department had contacted Charlotte Presensky and set up a date for “Step Up
Florida”, encouraging physical activity, to be held at the Burns Road Community Center
field on February 14. Councilmember Levy reported he and Mayor Russo had their
cholesterol tested at the new neighborhood pharmacy. Councilmember Valeche reported
meeting with Representative Domino and the lobbyist for Nationwide Insurance regarding
Lake Catherine being in the Lake Park zip code and consequently being charged
approximately $400 more annually by insurance carriers. Nationwide was not going to
move, so the next step was to ask the Post Office to change the zip code to 33410. Tom
Gallagher was concerned that the city was losing 185 funds from the State for their Fire and
Police departments. The City of Pembroke Pines was looking at declaring itself a one zip
code City because of having the same problems and Councilmember Valeche asked for and
received the Council’s support to have the City Attorney look into how the City could get the
zip code changed. Vice Mayor Jablin thanked staff who had worked to make the presentation
for the press conference for Scripps, and also thanked the business leaders and Mayor Russo.
Mayor Russo thanked Vice Mayor Jablin for his work on this, and thanked Kara Irwin for
her work with Jupiter staff. Mayor Russo reported Howard Lester had committed to donating
30 acres and to selling 40 acres at a fair market value. All of the north county cities as well
as Mangonia Park and the Glades had participated. Mayor Russo indicated he had appealed
to the Governor and the County Commission, and if this was successful, North County
would be a better place to live. The Mayor thanked Lake Park for involving the City in their
Martin Luther King Day celebration. Mayor Russo asked that all swimming pools in the city
be properly fenced or screened. The Mayor announced he had asked the City Manager to
look at traffic flows at Downtown at the Gardens.
COMMENTS FROM THE PUBLIC:
Vito DeFrancesco, Shady Lakes, asked that ex-parte communication include the person
talked to, the length of time of the conversation, substance of the conversation, if there were
any material facts, and if there were any agreements, compromises, promises or pledges
made that a Councilmember would vote for or against a project. Mr. DeFrancesco reported a
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/19/06
2
development had had holiday lights up three and one-half months, against City code. Mr.
DeFrancesco read a portion of an article from Hometown News regarding a party in the City
where checks were given by developers. Joan Elias, 1009 Diamond Head Way, reported
Gardens Neighborhood Association had not had any luck in their dealings with the Post
Office; asked for a traffic study of the circulation at Wendy’s at Northlake and Military
Trail; and reported her community association was making note of homes with pools that
were not protected.
CONSENT AGENDA:
Vice Mayor Jablin moved approval of the consent agenda absent item c. Motion was
seconded by Councilmember Levy and unanimously approved. Therefore, the following
items were approved on the consent agenda:
a. Approve Minutes from the December 15, 2005 regular City Council meeting.
b. Resolution 9, 2006 - Approve a contract award to Musco Lighting, LLC. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving a contract award to Musco Lighting, LLC for the purchase and
installation of sports lighting at City Park and Plant Drive Skate Park in an
amount not to exceed $265,000 via an existing agreement with the City of
Jacksonville; and providing an effective date.
d. Resolution 13, 2006 – Approving the purchase of a 2006 Fire Engine from
Pierce Manufacturing, Inc. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the purchase of a 2006 Fire Engine
from Pierce Manufacturing, Inc.; authorizing the Mayor and City Clerk to
execute all documents necessary to effectuate such purchase; and providing
an effective date.
e. Proclamation – January 20, 2006 as Arbor Day.
Vice Mayor Jablin moved approval of Resolution 12, 2006 - Approving the purchase of two
(2) 2006 Medtec Medium Duty Rescue Units. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving the purchase of two (2) 2006 Rescue Units from
Ten-8 Fire Equipment, Inc., the sole source vendor for Medtec Ambulance in the State of
Florida; authorizing the Mayor and City Clerk to execute all documents necessary to
effectuate such purchase; and providing an effective date - which was item (c) on the consent
agenda and had been pulled from the consent agenda for discussion by Councilmember
Barnett. Councilmember Levy seconded the motion. Councilmember Barnett disagreed with
part of the funding being from the Fire Department and asked why all of the funding was not
coming from the Fleet Maintenance fund. Finance Director Owens explained the
amortization program had only existed since 2002, so for these two trucks not enough funds
had been paid in. Discussion regarding the amortization process ensued. Motion passed 5-0.
PUBLIC HEARINGS:
Part I – Quasi-judicial - Mayor Russo announced the procedures that would be followed in
tonight’s quasi-judicial hearings. The City Clerk swore in all those intending to testify in any
of tonight’s cases.
Resolution 6, 2006 – Approving the Art in Public Places for the Midtown Planned Unit
Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the Art in Public Places for the Midtown Planned Unit Development
(PUD) (Formally known as The Borland Center PUD), which is located along the North side
of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as more
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/19/06
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particularly described herein; providing for conditions of approval; and providing an
effective date. The City Clerk read Resolution 6, 2006 by title only. Mayor Russo declared
the public hearing open and called for ex-parte communication. Councilmember Levy
reported he had spoken to Lucy Keshavarz about melding the concrete to the steel, and to
Vito DeFrancesco about the angle of approach on the outside arm. The other members of the
council reported no ex-parte communication. Lucy Keshavarz with Art and Culture Group,
art consultant for the Borland Center, answered questions raised at the last presentation. Mr.
Wu reported the distance from the road and the size of the sculpture, and indicated this
would be reviewed by the City Engineer at the time of permit application. Vito DeFrancesco,
Shady Lakes, disagreed with the angle, indicated outside eating was not legal in the
easement, and expressed his opinion that all of the good features were proposed for the front
of the project with none on the rest of the perimeter. Steve Barnes, Shady Lakes, stated he
was not against public art, but the purpose was to look at it, and in this location it was a
distraction for drivers causing road problems. Mr. Barnes asked that the art be inside
developments instead of along the roads. Carol Estrada, Riverside Drive, commented this
was an accident waiting to happen with skateboarders. Lee Bickford, Vice Chair for Art in
Public Places Advisory Board, commented the board had spent months working with the
artist and felt this art would add a lot of value to the City. Vice Mayor Jablin made a motion
to approve Resolution 6, 2006. Councilmember Levy seconded for discussion. Mayor Russo
commented he liked the art but expressed concern because of the size and location. Vice
Mayor Jablin indicated this was not as large as the sculpture at the City Hall complex and
spoke in favor of the art. Councilmember Levy expressed safety concerns but commented it
had been reviewed by the City Engineer. Councilmember Barnett expressed safety concerns
also--that children would play on it. Vice Mayor Jablin reported there was a piece of art in
Central Park where children played on it every day. Councilmember Valeche stated he did
not like the colored glass or the lights. Motion was denied 3-2. Ms. Keshavarz indicated she
had not been allowed to respond to the issues raised. Councilmember Valeche made a
motion to reconsider the motion. Councilmember Barnett seconded and the motion carried 5-
0. Ms. Keshavarz addressed safety and aesthetic issues. Vice Mayor Jablin recommended
tabling this and discussed the possibly of embedding pieces to make it harder to climb or
slide on. Mayor Russo indicated he was opposed to the location. The Mayor declared the
public hearing closed. Ms. Keshavarz requested further direction. Councilmember Levy
suggested a location between building F and M. Mayor Russo suggested a traffic consultant
who dealt with distractions. The applicant indicated the concerns would be addressed and
this would be brought back. Resolution 10, 2006 - Approving the Art in Public Places for
First National Centre. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the Art in Public Places for First National Centre (Parcel 27.03), which is
within the Regional Center Development of Regional Impact (DRI) located on the Northwest
corner of the intersection of PGA Boulevard and Kew Gardens Avenue, as more particularly
described herein; providing for conditions of approval; and providing an effective date. The
City Clerk read Resolution 10, 2006 by title only. Mayor Russo declared the public hearing
open and called for ex-parte communication. Vice Mayor Jablin reported he had had a brief
conversation with Don Hearing. The rest of the Councilmembers reported no ex-parte
communication. Mr. Hearing indicated the applicant would pay cash in lieu of providing art,
but would like to reserve placing the art, and move landscaping away from the location as
recommended by the City Forester. Mr. Wu clarified that the applicant had followed Council
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/19/06
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direction to have no more animal art and that the escrow was at least $42,500. The applicant
confirmed they had officially withdrawn the application.
Resolution 11, 2006 - Northcorp Corporate Park PCD – Master Signage Program. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a
Master Sign Program for the Northcorp Corporate Park Planned Community Development
(PCD), generally bounded by the Gardens Station PUD to the North, Interstate 95 to the
West, Burns Road to the South, and the FEC Railway to the East, as more particularly
described herein; providing for conditions of approval; and providing an effective date. The
City Clerk read Resolution 11, 2006 by title only. Mayor Russo declared the public hearing
open and called for ex-parte communication. Each member of the Council reported no ex-
parte communication. Donaldson Hearing spoke on behalf of the applicant. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor
Jablin made a motion to approve Resolution 11, 2006. Councilmember Levy seconded the
motion, which carried by unanimous 5-0 vote.
Part II – Non-Quasi-judicial
Ordinance 35, 2005 – (2nd reading and adoption) Amending Ordinance 17, 2004.
Appointment process for Boards and Committees, Council Liaisons. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida relating to Boards and Committees;
amending Section 2-86, Code of Ordinances entitled “Procedure for Appointment and Filling
Vacancies; Qualifications for Membership of Boards and Committees”; amending Section 2-
92 Code of Ordinances entitled “Officers”; creating a new Section 2-100, Code of
Ordinances to be entitled “Council Liaison”; providing for codification; and providing an
effective date. The City Clerk read Ordinance 35, 2005 by title only on second reading.
Mayor Russo declared the public hearing open. Councilmember Barnett referred to page 213
and asked that “shall” be changed to “will”. Hearing no comments from the public, Mayor
Russo declared the public hearing closed. Councilmember Barnett made a motion to adopt
Ordinance 35, 2005 on second reading by title only with the word “shall” changed to “will”
on page 213 resulting in “will attend” and “will provide updates”. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote.
CITY ATTORNEY REPORT:
Settlement Proposed by Roger Blangy regarding his challenge to the City’s FDOT permit for
the Kyoto drive railroad crossing. Mr. Blangy asked that the City consider his proposal for
settlement and to purchase a wayside horn. Vice Mayor Jablin recommended continuing to
pursue the quiet zone on the railroad track from Lighthouse Drive to Hood Road, and stated
he did not believe money for that purpose should be spent for something else. The
expenditure would be $60,000 and there was no surety FDOT would reimburse the City with
a grant. The City Engineer advised that FDOT had ruled out the opportunity for grant money
at Kyoto Drive. Vice Mayor Jablin expressed appreciation for Mr. Blangy’s continued work
on this issue. Discussion ensued. Mayor Russo advised that the quiet zone would improve
the quality of life for all residents of the City. Mayor Russo stated the Council’s position was
to pursue the quiet zone and not to spend the money for anything else. Mr. Blangy indicated
he would continue to pursue the matter. Councilmember Levy proposed bringing the matter
up again in two years if no quiet zone had been established by that time.
ADJOURNMENT
CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/19/06
5
There being no further business to discuss, the meeting was adjourned at 8:59 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 27,2006
Meeting Date: February 16, 2006
Resolution 4, 2006
SubjedAgenda Item: Resolution 4,2006 -Approve a work authorization to Vila and Sons, Inc. for
beautification improvements to certain medians on Northlake Boulevard from Military Trail to the
Florida Turnpike, via the Annual Landscaping and Irrigation Services contract - Bid #2005-005.
[ X ] Recommendation to APPROVE
F I Reviewed by: /
City Attor
Finance Administrator
Submitted by:
City Mana
Originating Dept.: .,
A\
.( "I
Angela Wong
Community Services
Department
Advertised: NIA
Date:
Paper:
[ ] Not Required
Affected parties
[ ] Notified
/
[ ] Not required
:osts: $295,495.09
(Total)
$295.495.09
Current FY
Funding Source:
: X ] Operating
[ ]Other
Budget Acct.#:
001.2080.51 9.6900
Pub0069 $1 93,299.82
Pub0067 $102,195.27
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 4, 2006
[ ]None
Date Prepared: January 30,2006
Meeting Date: February 16, 2006
Resolution 4, 2005
BACKGROUND: In June 2004, the City was awarded a grant through the Only Trees, Irrigation, and
Sod (OTIS) program in the amount of $90,000 for medians on Northlake Boulevard from Military
Trail west to Green Meadows Way. In May 2005, the City was awarded a separate grant through the
Keep Palm Beach County Beautiful (KPBCB) program in an amount not to exceed $73,405, which is
half of the total project cost estimated at $146,810, for beautification of certain medians along
Northlake Boulevard from the Green Meadows Way east to the Florida Turnpike.
As per their Annual Landscape and Irrigation contract, Vila and Sons, Inc. has provided proposals to
complete both projects along Northlake Boulevard: $1 02,196 for the OTIS project, and $1 93,300 for
the KPBCB project. Both projects resulted in higher costs than originally estimated. The County has
agreed to fund the overage of $12,196 for the OTIS project, which is being addressed under
Resolution 22, 2006. However, the funding agreement for the KPBCB grant requires the City fund
any additional costs above and beyond the estimated amount. Therefore, the overage of $46,490
will be funded from similar-scope, budgeted projects not implemented to date. If approved,
installation should begin in March 2006.
After installation, the City will assume maintenance responsibilities and incorporate these areas into
the City’s existing annual landscape maintenance contract. It is not unusual for a municipality to
assume maintenance for a County or even state right-of-way within the city’s boundaries via an
arrangement such as this as it provides the city with quality control over the aesthetics of the rights-
of-way and allows the city to improve and maintain highly visible areas to a more stringent standard
than may be set by the County or State. Maintenance is estimated at $1 3,500 per year. The City will
be seeking reimbursement from adjacent landowners who are also responsible for maintenance of
certain medians included in this project such as Christ Fellowship Church.
STAFF RECOMMENDATION: Approve Resolution 4, 2006 as presented.
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RESOLUTION 4,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WORK
AUTHORIZATION AND NOTICE TO PROCEED TO VILA AND SON
LANDSCAPING CORPORATION BASED ON ITS ANNUAL
LANDSCAPING AND IRRIGATION CONTRACT FOR MEDIAN
IMPROVEMENTS ALONG NORTHLAKE BOULEVARD FROM
MILITARY TRAIL WEST TO THE FLORIDA TURNPIKE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City wishes to perform landscape and irrigation improvements to
certain medians along Northlake Boulevard from Military Trail west to the Florida
Turnpike; and
WHEREAS, the City awarded an Annual Landscaping and Irrigation Contract to
Vila and Son Landscaping Corporation per Resolution 11 8, 2005 dated September 15,
2005, for services including those required above, pursuant to a competitive sealed bid;
and
WHEREAS, the City has received a quotation from Vila and Son Landscaping
Corporation to provide these services related to said project, a copy of which is attached
hereto as Exhibit “A”; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a Work Authorization to Vila and Son Landscaping Corporation to provide such
services; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards Work Authorizations and Notice to
Proceed for landscape and irrigation improvements along Northlake Boulevard to Vila
and Son Landscaping Corporation in a combined amount of $295,496 based on its
Annual Landscaping and Irrigation Contract dated September 15, 2005.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: January 27,2006
Date Prepared: January 27,2006
Resolution 4,2006
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PASSED AND ADOPTED this day of ,2006.
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 JABLIN ---
COUNCILMEMBERLEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONS\landscape svc prof - Vila - annual landscaping - reso 4 2006.doc
2
Date Prepared: January 27,2006
Meeting Date: February 16, 2006
Resolution 4, 2005
EXHIBIT A
Work Authorizations
CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 WORK AUTHORIZATION AND NOTICE TO PROCEED PROJECT NO. PUB0069 DATE: February 6.2006 PROJECT TITLE: Northlake Boulevard Median Beautification - Hidden Hollow Drive west to Florida Turnpike CONTRACTOR: Vila and Sons, Inc.
You are hereby requested to proceed with the following work, as outlined in the proposal
attached hereto, and all work shall be pursuant to those items in the annual landscape contract,
by this reference incorporated herein, for this project and to perform the work accordingly,
subject to all contract stipulations and covenants for an amount not to exceed $193,299.82.
The work shall commence on February 20, 2006 and be substantially complete no later than
May 22, 2006 with a final completion date of June 21, 2006.
rsigned agrees to provide all such insurance and bonds as requested and deemed
by the City of Palm Beach Gardens.
igned, by execution of this work authorization and notice to proceed, agrees to be
e terms incorporated herein.
is not valid without the following signatures:
II I n
City Representative)
(Sig nat u re)
TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION
Community Services Department 001.2080.51 9.6900
DEPARTMENT ACCOUNT NUMBER
RECOMMEND: ,/ST-
REVIEW:
PARTME h 3cK Pocc
CITY OF PALM BEACH GARDENS,
FLORl DA
COUNCILMEMBEWCITY MANAGER
ATTEST:
CITY CLERK
CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 WORK AUTHORIZATION AND NOTICE TO PROCEED PROJECT NO. DATE: February 6,2006 PROJECT TITLE: Northlake Boulevard Median Beautification - Military Trail west to Hidden Hollow Drive CONTRACTOR: Vila and Sons, Inc.
You are hereby requested to proceed with the following work, as outlined in the proposal
attached hereto, and all work shall be pursuant to those items in the annual public works
contract, by this reference incorporated herein, for this project and to perform the work
accordingly, subject to all contract stipulations and covenants for an amount not to exceed
$1 02.1 95.27.
The work shall commence on Februarv 20,2006 and be substantially complete no later than
Mav 22, 2006 with a final completion date of June 21,2006.
The undersigned agrees to provide all such insurance and bonds as requested and deemed
d notice to proceed, agrees to be
PROJ- AN AG E R (City Representative)
(Signature)
TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION
Communitv Services Department 001.2080.519.6900
DEPARTMENT ACCOUNT NUMBER
CITY OF PALM BEACH GARDENS,
FLORIDA
COUNCILMEMBEWCITY MANAGER
ATTEST:
RECOMMEND: &r r &.M QOUVhA 2
REVIEW:
J
CITY ATTORNEY CITY CLERK
Executed in 4 Counterparts PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):
Vila & Son Landscaping Corp.
1930 'D' Road
Loxahatchee, FL 33470
(561) 795-3070
OWNER (Name and Address):
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
CONTRACT
(581) 799-4121
Date: 09/15/2005
Westfield Insurance Company
P 0 Box 5001
Westfield Center, OH, 44251-5001
(800) 430-1386
Amount: $193,299.82
Description (Name and Location): Northlake Boulevard Medians - Hidden Hollow Drive west to Florida Turnpike,
Palm Beach Gardens, Florida Project No. PUB0068
BOND
Bond Number: 5810971
Date (Not earlier than Contract Date): 12/14/2005
Amount: $193,299.82
Modifications to this Bond Form: Th~s bond complies with the Terrorism Risk Insurance Act of 2002 (TRIA)
Surety and Contractor, intending to be legally bond hereby, subject to the terms printed on the reverse side hereof, do each cause
this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
(Seal) (Seal)
(Space is provided below for signatures of additional
parties, if required.)
#gaLhd C&drJ Attest:
Signature add Title kathy Clawson, Witness
(Seal)
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDC No. C-610 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, and the American Institute of Architects.
00610-1
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Owner for the performance of
the Contract, which is incorporated herein by reference.
2. If Conhactor perfmthe Contract, Surety and Contractorshall havenoobligation
under this Bond, except to participate in confmces as provided in Paragraph 3.1.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise
after:
3.1. Owner has notified contractor and Surety, at the addresses described in
Paragraph 10 below, that Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a conference with
contractor and Surety to be held not later than 15 days after receipt of
such notice to discuss methods of performing the Contract. If Owner,
Contractor and Surety agree, Contractor shall be allowed a reasonable
time to perform the Contract, but such an agreement shall not waive
Owner’s right, if any, subsequently to declare a Contractor Default; and
Owner has declared a Contractor Default and formally terminated
Contractor’s right to complete the Contract. Such Contractor Default
shall not be declared earlier than 20 days after Contractor and Surety
have received notice as provided in Paragraph 3.1 ; and
3.3. Owner has agreed to pay the Balance of the Contract Price to:
1.
2.
3.2.
Surety in accordance with the terms of the Contract;
Another contractor selected pursuant to Paragraph 4.3 to perform the
Contract.
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly
and at Surety’s expense take one of the following actions:
4.1. Arrange for Contractor, with consent of Owner, to perform and
complete the Contract: or
4.2. Undertake to perform and complete the Contract itself, through its agents
or through independent contractors; or
4.3. Obtain bids or negotiated proposals from qualified contractors acceptable
to Owner for a contract for performance and completion of the Contract,
arrange for a contract to be prepared for execution by the Owner and
Contractor selected with Owner’s concurrence, to be secured with
performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Contract, and pay to Owner the
amount of damages as described in Paragraph 6 in excess of the Balance
of the Contract Price incurred by Owner resulting from Contractor
Default; or
4.4. Waive its right to perform and complete, arrange for completion, or
obtain a new contractor and with reasonable promptness under the
circumstances:
I. After investigation, determine the amount for which it may be liable
to Owner and, as soon as practicable after the amount is determined,
tender payment therefor to the Owner; or
2. Deny liability in whole or in part and notify the Owner citing reasons
therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, Surety shall be deemed to be in default on this Bond 15 days after
receipt of an additional written notice from Owner to Surety demanding that Surety
perform its obligations under this Bond, and Owner shall be entitled to enforce any
remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and
Owner refuses the payment tendered or Surety has denied liability, in whole or in
part, without further notice Owner shall be entitled to enforce any remedy available
to owner.
6. Mer Owner has terminated Contractor’s right to complete the Contract, and if
Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities
of Surety to Owner shall not be greater than those of Contractor under the Contract,
and the responsibilities of Owner to Surety shall not be pter than those of Owner
under the Contract. To a limit of the amount of this Bond, but subject to
comnitment by Owner of the Balance of the Contract Price to mitigation of costs
and damages on the Contract, Surety is obligated without duplication for:
6.1. The responsibilities of Contractor for correction of defective Work and
completion of the Contract;
6.2. Additional legal, design professional, and delay costs resulting from
Contractor’s Default, and resulting from the actions or failure to act of
Surety under Paragraph 4; and
6.3. Liquidated damages, or if no liquidated damages are specified in the
Contract, actual damages caused by delayed performance or non-
performance of Contractor.
7. Surety shall not be liable to Owner or others for obligations of Contractor that
are unrelated to the Contract, and the Balance of the Contract Price shall not be
reduced or set off on account of any such unrelated obligations. No right of action
shall accrue on this Bond to any person or entity other than Owner or its heirs,
executors, administrators, or successors.
8.
Contract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any
court of competent jurisdiction in the location in which the Work or part of the
Work is located and shall be instituted within two years after Contractor Default or
within two years after Contractor ceased working or within two years after Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. lf
the provisions of this paragraph are void or prohibited by law, the minimum pod
of limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the
address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory requirement in
the location where the Contract was to be performed, any provision in this Bond
conflicting with said statutory requirement shall be deemed deleted herefrom and
provisions conforming to such statutory requirement shall be deemed incorporated
herein. The intent is that this Bond shall be construed as a statutory bond and not as
a common law bond.
12. Definitions.
Surety hereby waives notice of any change, including changes of time, to
12.1 Balance of the Contract Price: The total amount payable by Owner to
Contractor under the Contract after all proper adjustments have been
made, including allowance to Contractor of any amounts received or to
be received by Owner in settlement of insurance or other Claim for
damages to which Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of Contractor under the Contract.
12.2. Contract: The agreement between Owner and Contractor identified on
the signature page, including all Contract Documents and changes
thereto.
12.3. Contractor Default: Failure of Contractor, which has neither been
remedied nor waived, to perfom or otherwise to comply with the terms
of the Contract
12.4. Owner Default: Failure of Owner, which has neither been died nor
waived, to pay Contractor as required by the Contract or to perform and
complete or comply with the other term thereof.
FOR INFORMATION ONLY - Name, Address and Telephone
Surety Agency or Broker
Owner’s Representative (engineer or other party)
Guignard Company, 1904 Boothe Circle, Longwood, FL 32750 (407) 834-0022
I
00610-2
', Executed in 4 Counterparts
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):
Vila & Son Landscaping Corp.
1930 ID' Road
Loxahatchee, FL 33470
OWNER (Name and Address):
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
CONTRACT
(561) 795-3070
(581) 799-4121
Date: 09/15/2005
Westfield Insurance Company
P 0 Box 5001
Westfield Center, OH, 44251-5001
(800) 430-1386
Amount: $193,299.82
Description (N~~~ and Location): Northlake Boulevard Medians - Hidden Hollow Drive west to Florida Turnpike,
Palm Beach Gardens, Florida Project No. PUB0068
BOND
Bond Number: 5810971
Date (Not earlier than Contract Date): 12/14/2005
Amount: $193,299.82
Modifications to this Bond Form: This bond is given to comply with section 255.05 Florida Statutes, and any action instituted by a
claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2),
Florida Statutes. This bond complies with the Terrorism Risk Insurance Act of 2002 (TRIA)
Surety and Contractor, intending to be legally bound hereby, subject to the term printed on the reverse side hereof, do each cause
this Payment Bond to be duly executed on its behalf by its authorize
(Seal) (Seal)
Signxand Title April L. Lively, Attorney-In-Fact &
(Attach Power of Attorney) Florida Licensed Resident Agent
Signature:
(Space is provided below for signatures of additional
parties, if required.)
Attest: GLL.Jc/ f
Signature aAd Title Xathy Clawson, Witness
SURETY
Signature:
Name and Title:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
FJCDC No. C-615 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
1. Contractor an Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Owner to pay for labor,
materials, and equipment furnished by Claimants for use in the performance of
the Contract, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2. Defends, indemnifies and hold harmless Owner from claims,
demands, liens, or suits alleging non-payment by contractor by any
person or entity who furnished labor, materials, or equipment for use
in the performance of the Contract, provided Owner has promptly
notified Contractor and Surety (at the address described in
Paragraph 12) of any claims, demands, liens, or suits and tendered
defense of such claims, demands, liens or suits to Contractor and
Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if
Contractor promptly makes payment, directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with
Contractor have given notice to Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to Owner, stating
that a claim is being made under this Bond and, with substantial
accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with Contractor:
I. Have furnished written notice to Contractor and sent a copy, or
notice thereof, to Owner, within 90 days after having last
performed labor or last furnished materials or equipment included
in the claim stating, with substantial accuracy, the amount of the
claim and the name of the party to whom the materials or
equipment were furnished or supplied, or for whom the labor was
done or performed: and
2. Have either received a rejection in whole or in part from
Contractor, or not received within 30 days of furnishing the above
notice any communication from Contractor by which Contractor
has indicated the claim will be paid directly or indirectly; and
Not having been paid within the above 30 days, have sent a written
notice to Surety and sent a copy, or notice thereof, to Owner,
stating that a claim is being made under this Bond and enclosing a
copy of the previous written notice furnished to Contractor.
3.
5.
Contractor or to Surety, that is sufficient compliance.
6.
shall promptly and at Surety’s expense take the following actions:
If a notice by a Claimant required by Paragraph 4 is given by Owner to
When a Claimant has satisfied the conditions of Paragraph 4, the Surety
6.1. Send an answer to that Claimant, with a copy to Owner, within 45
days after receipt of the claim, stating the amounts that are undisputed
and that basis for challenging any amounts that are disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. Surety’s total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by
Surety.
8. Amounts owed by Owner to Contractor under the Contract shall be used for
the performance of the Contract and to satisfy claims, if any, under any
performance bond. By Contractor furnishing and Owner accepting this Bond,
they agree that all funds eamed by Contractor in the performance of the
Contract are dedicated to satisfy obligations of Contractor and Surety under this
Bond, subject to the Owner’s priority to use the funds for the completion of the
Work.
9. The Surety shall not be liable to Owner, Claimants, or others for obligations of
Contractor that are unrelated to the Contract. Owner shall not be liable for
payment of any costs or expenses of any Claimant under this Bond, and shall
have under this Bond no obligations to make payments to, give notices on
behalf of, or othemise have obligations to Claimants under this Bond.
IO. Surety hereby waives notice of any change, including changes of time, to
the Contract or to related Subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other
than in a court of competent jurisdiction in the location in which the Work or
part of the Work is located or after the expiration of one year from the date (I)
on which the Claimant gave the notice required by Paragraph 4.1 or Paragmph
4.2.3, or (2) on which the last labor or service was performed by anyone or the
last materials or equipment were furnished by anyone under the Construction
Contract, whichever of (1) or (2) first occurs. If the provisions of this
paragraph are void or prohibited by law, the minimum pod of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the
address shown on the signature page. Actual receipt of notice by Surety,
Owner, or Contractor, however accomplished, shall be sufficient compliance as
of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory requirement
in the location where the Contract was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement shall be deemed deleted
herefrom and provisions conforming to such statutory requirement shall be
deemed incorporated herein. The intent is that this Bond shall be construed as
a statutory Bond and not as a common law bond.
14. Upon request of any person or entity appearing to be a potential
beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond
or shall permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct contract with
Contractor, or with a first-tier subcontractor of Contractor, to furnish
labor, materials, or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without
limitation in the terms “labor, materials or equipment” that part of
water, gas, power, light, heat, oil, gasoline, telephone service or
rental equipment used in the Conbact, architectural and engineering
services required for performance of the Work of contractor and
Contractor’s Subconbactors, and all other items for which a
mechanic’s lien my be asserted in the jurisdiction where the labor,
materials, or equipment were furnished.
15.2. Contract: The agreement between Owner and Contractor identified on
the signature page, including all Contract Documents and changes
thereto.
15.2. Owner Default: Failure of Owner, which has neither been remedied
nor waived, to pay Contractor as required by the Contract or to
perform and complete or comply with the other terms thereof.
FOR INFORMATION ONLY -Name, Address and Telephone
Surety Agency or Broker: Guignard Company, 1904 Boothe Circle, Longwood, FL 32750 (407) 834-0022
Owner’s Representative (engineer or other party):
I
00615-2
Date December 14,2005
Policy/Bond Number 5810971
Quote 0 WESTFIELD
I N S URAN C E
Name Vila & Son Landscaping Corp.
Street Address 1930 ‘D’ Road
City, State, Zip Loxahatchee. F’L 33470
A member of Westfield GroupW
Policyholder and/or Bondholder Disclosure:
NOTICE OF TERRORISM INSURANCE COVERAGE
On November 26,2002, President Bush signed into law the Terrorism Risk Insurance Act of
2002 (the “Act”). The Act became effective immediately and establishes a temporary Federal
program that provides for a system of shared public and private compensation for an “insured
loss” resulting from certified acts of foreign “terrorism”, as defined under the Act. The Act
further requires that all in-force exclusions for acts of terrorism, as defined in the Act, already
contained in a policyhond or included as an endorsement in a policyhond, become nullified as
of November 26,2002.
Coverage for act of terrorism is included in your current policyhond andor in any policyhond
quoted for you. You should know that, effective November 26,2002, under your existing
coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the
United States under a formula established by federal law. Under this formula, the United States
pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the
insurance company providing the coverage.
The actual coverage provided by your policyhond for acts of terrorism, as is true for all
coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your
policyhond, any endorsement to the policyhond and generally applicable rules of law.
During your current policyhond period, the portion or your premium that is attributed to
coverage for acts of terrorism is $0.00. If it becomes necessary to include a premium for
terrorism coverage in a future renewal of your policyhond, you will receive notification of that
premium through a separate line in your policyhond.
Should you have any question regarding this notice, please contact your insurance agent.
Agency Name Guimard Company
City, State, Zip
Agency Code 9186
LonPwood, FL 32750
One Park Circle . PO Box 5001 . Westfield Center, OH 44251-5001 . 1.800.243.0210 9 fax 330.887.0840 . www.westfie1dgrp.com
AD 8529A 11 02
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
P,OWER # AND ISSUED PRIOR TO 05/11/03, FOR ANY PERSON OR PERSONS NAMED BELOW.
I*
r' General
Power
POWER NO. 0991862 02
Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center. Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
JACK W. GUIGNARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L.
MCCARTA, KATIE N. BIRD, MARGIE LYNN MORRIS, BRETT A. RAGLAND, JOINTLY OR SEVERALLY
of LONGWOOD and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .
LIMITATION: THIS POWER OF ATTORNEY .CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
Seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney@)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
''Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating .thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents t? be signed by their Senior Executive and their corporate seals to be hereto affixed this 11th day of
MAY A.D.. 2003 .
County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive
On this 11th day of MAY A.D., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies, and that he signed his name thereto by like order. *A
Notarial
Seal
Affixed
at Law, Notary Public
State of Ohio My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.:
I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by
said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney
are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 14THday of
BPOAC2 (combined) (06-02)
Executed in 4 Counterparts PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Vila & Son Landscaping Corp.
1930 'D' Road
Loxahatchee, FL 33470
(561) 795-3070
OWNER (Name and Address):
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
CONTRACT
(581) 799-4121
Date: 09/15/2005
Amount: $102,195.27
Description (Name and Location):
SURETY (Name and Address of Principal Place of Business):
Westfield Insurance Company
P 0 Box 5001
Westfield Center, OH, 44251-5001
(800) 430-1386
Northlake Boulevard Medians - Military Trail to Hidden Hollow Drive,
Project No. PUB0068
BOND
Bond Number: 5810970
Date (Not earlier than Contract Date): 12/14/2005
Amount: $102,195.27
Modifications to this Bond Form: This bond complies with the Terrorism Risk Insurance Act of 2002 (TRIA)
Surety and Contractor, intending to be legally bond hereby, subject to the terms printed on the reverse side hereof, do each cause
this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
SURETY
(Seal) (Seal)
(Space is provided below for signatures of additional
parties, ifrequired.) -
Attest: U.r(h,LfiJhrJ
Signature and'Title Kathy Clawson, Witness
(Seal)
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
WCDC No. C-610 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee. the Associated General
Contractors of America, and the American Institute of Architects.
00610-1
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Owner for the performance of
the Contract, which is incorporated herein by reference.
2. If Contractor perfmthe Contract, Surety and Contractorshall havenoobligation
under this Bond, except to participate in conferences as pvided in Paragmph 3.1.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise
after:
3.1. Owner has notified Conbactor and Surety, at the addresses described in
Paragraph IO below, that Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a conference with
Contractor and Surety to be held not later than 15 days after receipt of
such notice to discuss methods of performing the Contract. If Owner,
Contractor and Surety agree, Contractor shall be allowed a reasonable
time to perform the Contract, but such an agreement shall not waive
Owner’s right, if any, subsequently to declare a Contractor Default; and
Owner has declared a Contractor Default and formally terminated
Contractor’s right to complete the Contract. Such Contractor Default
shall not be declared earlier than 20 days ah Contractor and Surety
have received notice as provided in Paragraph 3.1; and
3.3. Owner has agreed to pay the Balance of the Contract Price to:
I.
2.
3.2.
Surety in accordance with the terms of the Contract;
Another contractor selected pursuant to Parapph 4.3 to perform the
Contract.
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly
and at Surety’s expense take one of the following actions:
4.1. Arrange for Contractor, with consent of Owner, to perform and
complete the Contract: or
4.2. Undertake to perform and complete the Contract itself, through its agents
or through independent contractors; or
4.3. Obtain bids or negotiated proposals from qualified contractors acceptable
to Owner for a contract for performance and completion of the Contract,
arrange for a contract to be prepared for execution by the Owner and
Contractor selected with Owner’s concurrence, to be secured with
performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Contract, and pay to Owner the
amount of damages as described in Paragraph 6 in excess of the Balance
of the Contract Price incurred by Owner resulting from Contractor
Default; or
4 Waive its right to perform and complete, arrange for completion, or
obtain a new contractor and with reasonable promptness under the
circumstances:
1. After investigation, determine the amount for which it may be liable
to Owner and, as soon as practicable after the amount is determined,
tender payment therefor to the Owner; or
2. Deny liability in whole or in part and notify the Owner citing reasons
therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, Surety shall be deemed to be in default on this Bond 15 days after
receipt of an additional written notice from Owner to Surety demanding that Surety
perform its obligations under this Bond, and Owner shall be entitled to enforce any
remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and
Owner refuses the payment tendered or Surety has denied liability, in whole or in
part, without further notice Owner shall be entitled to enforce any remedy available
to owner.
6. After Owner has terminated Contractor’s right to complete the Contract, and if
Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities
of Surety to Owner shall not be greater than those of Contractor under the Conbact,
and the responsibilities of Owner to Surety shall not be greater than those of Owner
under the Contract. To a limit of the amount of this Bond, but subject to
commitmat by Owner of the Balance of the Contract Price to mitigation of costs
and damages on the Contract, Surety is obligated without duplication for:
6.1. The responsibilities of Contractor for correction of defective Work and
completion of the Contract;
6.2. Additional legal, design professional, and delay costs resulting from
Contractor’s Default, and resulting from the actions or failure to act of
Surety under Paragraph 4; and
6.3. Liquidated damages, or if no liquidated damages are specified in the
Contract, actual damages caused by delayed performance or non-
performance of Contractor.
7. Surety shall not be liable to Owner or others for obligations of Contractor that
are unrelated to the Contract, and the Balance of the Contract Price shall not be
reduced or set off on account of any such unrelated obligations. No right of action
shall accrue on this Bond to any person or entity other than Owner or its heirs,
executors, administrators, or successors.
8.
Contract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any
court of competent jurisdiction in the location in which the Work or part of the
Work is located and shall be instituted within two years after Contractor Default or
within two years ah Contractor ceased working or within two years ah Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If
the provisions of this paragraph are void or prohibited by law, the minimum pod
of limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
IO. Notice to Surety, Owner, or Conbactor shall be mailed or delivered to the
address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory requirement in
the location where the Contract was to be performed, any provision in this Bond
conflicting with said statutory requirement shall be deemed deleted herefrom and
provisions conforming to such statutory requirement shall be deemed incorporated
herein. The intent is that this Bond shall be construed as a statutory bond and not as
a common law bond.
12. Definitions
Surety hereby waives notice of any change, including changes of time, to
12.1 Balance of the Contract Price: The total amount payable by Owner to
Contractor under the Contract after all proper adjustments have been
made, including allowance to Contractor of any amounts received or to
be received by Owner in settlement of insurance or other Claims for
damages to which Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of Contractor under the Contract.
12.2. Contract: The agreement between Owner and Contractor identified on
the signature page, including all Contract Documents and changes
thereto.
12.3. Contractor Default: Failure of Contractor, which has neither been
remedied nor waived, to perform or otherwise to comply with the term
of the Contract
12.4. Owner Default: Failure of Owner, which has neither been remedied nor
waived, to pay Contractor as required by the Contract or to perform and
complete or comply with the other terms thereof.
FOR INFORMATION ONLY - Name, Address and Telephone
Surety Agency or Broker
Owner’s Representative (engineer or other party)
Guignard Company, 1904 Boothe Circle, Longwood, FL 32750 (407) 834-0022
006 10-2
Executed in 4 Counterparts PAYMENT BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):
Vila & Son Landscaping Corp.
1930 ID' Road
Loxahatchee, FL 33470
OWNER (Name and Address):
(561) 795-3070
Westfield Insurance Company
P 0 Box 5001
Westfield Center, OH, 44251-5001
(800) 430-1386
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
CONTRACT
(581) 799-4121
Date: 09/15/2005
Amount: $102,195.27
Description (Name and Location): Northlake Boulevard Medians - Military Trail to Hidden Hollow Drive,
Project No. PUB0068
BOND
Bond Number: 5810970
Date (Not earlier than Contract Date): 12/14/2005
Amount: $102,195.27
Modifications to this Bond Form: This bond is given to comply with section 255.05 Florida Statutes, and any action instituted by a
claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2),
Florida Statutes. This bond complies with the Terrorism Risk Insurance Act of 2002 (TRIA)
Surety and Contractor, intending to be legally bound hereby, subject to the term printed on the reverse side hereof, do each cause
CONTRACT0
(Space is provided below for signatures of additional
parties, if required.) /J Attest: 4-t
Signature and TitleQathy Clawson, Witness
SURETY
Signature:
Name and Title:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDC No. C-615 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
00615.1
1. Contractor an Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Owner to pay for labor,
materials, and equipment furnished by Claimants for use in the performance of
the Contract, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2. Defends, indemnifies and hold harmless Owner from claims,
demands, liens, or suits alleging non-payment by contractor by any
person or entity who furnished labor, materials, or equipment for use
in the performance of the Contract, provided Owner has promptly
notified Contractor and Surety (at the address described in
Paragraph 12) of any claims, demands, liens, or suits and tendered
defense of such claims, demands, liens or suits to Contractor and
Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if
Contractor promptly makes payment, directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with
Contractor have given notice to Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to Owner, stating
that a claim is being made under this Bond and, with substantial
accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with Contractor:
1. Have furnished written notice to Contractor and sent a copy, or
notice thereof, to Owner, within 90 days after having last
performed labor or last furnished materials or equipment included
in the claim stating, with substantial accuracy, the amount of the
claim and the name of the party to whom the materials or
equipment were furnished or supplied, or for whom the labor was
done or performed: and
2. Have either received a rejection in whole or in part from
Contractor, or not received within 30 days of furnishing the above
notice any communication from Contractor by which Contractor
has indicated the claim will be paid directly or indirectly; and
Not having been paid within the above 30 days, have sent a written
notice to Surety and sent a copy, or notice thereof, to Owner,
stating that a claim is being made under this Bond and enclosing a
copy of the previous written notice furnished to Contractor.
3.
5.
Contractor or to Surety, that is sufficient compliance.
6.
shall promptly and at Surety’s expense take the following actions:
If a notice by a Claimant required by Paragraph 4 is given by Owner to
When a Claimant has satisfied the conditions of Paragraph 4, the Surety
6.1. Send an answer to that Claimant, with a copy to Owner, within 45
days after receipt of the claim, stating the amounts that are undisputed
and that basis for challenging any amounts that are disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. Surety’s total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by
Surety.
8. Amounts owed by Owner to Contractor under the Contract shall be used for
the performance of the Contract and to satisfy claims, if any, under any
performance bond. By Contractor furnishing and Owner accepting this Bond,
they agree that all funds eamed by Contractor in the performance of the
Contract are dedicated to satisfy obligations of Contractor and Surety under this
Bond, subject to the Owner’s priority to use the funds for the completion of the
Work.
9. The Surety shall not be liable to Owner, Claimants, or others for obligations of
Contractor that are unrelated to the Contract. Owner shall not be liable for
payment of any costs or expenses of any Claimant under this Bond, and shall
have under this Bond no Obligations to make payments to, give notices on
behalf of, or otherwise have obligations to Claimants under this Bond.
IO. Surety hereby waives notice of any change, including changes of time, to
the Contract or to related Subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other
than in a court of competent jurisdiction in the location in which the Work or
part of the Work is located or after the expiration of one year from the date (1)
on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph
4.2.3, or (2) on which the last labor OT service was performed by anyone or the
last materials OT equipment were furnished by anyone under the Construction
Contract, whichever of (1) or (2) first occurs. If the provisions of this
paragraph are void or prohibited by law, the minimum pend of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the
address shown on the signature page. Actual receipt of notice by Surety,
Owner, or Contractor, however accomplished, shall be sufficient compliance as
of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory requirement
in the location where the Contract was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement shall be deemed deleted
herefrom and provisions conforming to such statutory requirement shall be
deemed incorporated herein. The intent is that this Bond shall be construed as
a statutory Bond and not as a comn law bond.
14. Upon request of any person or entity appearing to be a potential
beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond
or shall wit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct contract with
Contractor, or with a first-tier subcontractor of Contractor, to furnish
labor, materials, OT equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without
limitation in the term “labor, materials or equipment” that part of
water, gas, power, light, heat, oil, gasoline, telephone setvice or
rental equipment used in the Conhact, architecttml and engineering
SeMces required for performance of the Work of Contractor and
Contractor’s Subconhactors, and all other items for which a
mechanic’s lien may be asserted in the jurisdiction where the labor,
materials, or equipment were furnished.
15.2. Contract: The agreement between Owner and Contractor identified on
the signature page, including all Contract Documents and changes
thereto.
15.2. Owner Default: Failure of Owner, which has neither been remedied
nor waived, to pay Contractor as required by the Contract or to
perform and complete or comply with the other term thereof.
FOR INFORMATION ONLY - Name, Address and Telephone
Surety Agency or Broker: Guignard Company, 1904 Boothe Circle, Longwood, FL 32750 (407) 834-0022
Owner’s Representative (engineer or other party):
Date December 14,2005
Policy/Bond Number 5810970
Quote 0 WESTFIELD
I N S U RAN C E
Name Vila & Son Landscaping Corp.
Street Address 1930 ‘D’ Road
City, State, Zip Loxahatchee. FL 33470
A member of Westfield GroupY
Policyholder and/or Bondholder Disclosure:
NOTICE OF TERRORISM INSURANCE COVERAGE
On November 26,2002, President Bush signed into law the Terrorism Risk Insurance Act of
2002 (the “Act”). The Act became effective immediately and establishes a temporary Federal
program that provides for a system of shared public and private compensation for an “insured
loss” resulting from certified acts of foreign “terrorism”, as defined under the Act. The Act
further requires that all in-force exclusions for acts of terrorism, as defined in the Act, already
contained in a policyhond or included as an endorsement in a policyhond, become nullified as
of November 26,2002.
Coverage for act of terrorism is included in your current policyhond and/or in any policyhond
quoted for you. You should know that, effective November 26,2002, under your existing
coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the
United States under a formula established by federal law. Under this formula, the United States
pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the
insurance company providing the coverage.
The actual coverage provided by your policyhond for acts of terrorism, as is true for all
coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your
policyhond, any endorsement to the policyhond and generally applicable rules of law.
During your current policyhond period, the portion or your premium that is attributed to
coverage for acts of terrorism is $0.00. If it becomes necessary to include a premium for
terrorism coverage in a future renewal of your policyhond, you will receive notification of that
premium through a separate line in your policyhond.
Should you have any question regarding this notice, please contact your insurance agent.
Agency Name Guignard Company
City, State, Zip
Agency Code 9186
LonPwood, FL 32750
One Park Circle . PO Box 5001 . Westfield Center, OH 44251-5001 . 1.800.243.0210 - fax 330.887.0840 . www.westtieldgrp.com
AD 8529A 11 02
THIS POWER OF ATTORNEY SUPERCEDES ANY PRRllOUS POWER BEARING THIS SAME
POWBR # AND ISSUED PRIOR TO 05/11/03, FOR ANY PERSON OR PERSONS NAMED BELOW.
POWER NO. 0991862 02 1'
General Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio
Know AI/ Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
JACK W. GUIGNARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L.
MCCARTA, KATIE N. BIRD, MARGIE LYNN MORRIS, BRETT A. RAGLAND, JOINTLY OR SEVERALLY
of LONGWOOD and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of- indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents tP be signed by their Senior Executive and their corporate seals to be hereto affixed this 11th day of
MAY A.D., 2003 .
suretyship- - - - - - - - __ - - - - - - - - - - - - - - - - - - - - - - __ - - - - - - - - - - - - - - - - - - - - - - __ - - - -.
WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
By:
Richard L. Kinnaird, Jr., Senior Executive State of Ohio
County of Medina ss.:
On this 11th day of MAY A.D., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were SO affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. ,A
Notarial
Seal
Affixed
State of Ohio My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: ..................
I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by
said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney
are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, thisl4TH day Of DECEMBER A.D., 2005.
BPOAC2 (combined) (06-02)
I ~~ ~
DATE ACOR'm CERTIFICATE OF LIABILITY INSURANCE Paae 1 of 2 1 12/14/2005
811-945-1318 PRODUCER
willis North America, Inc. - Regional Cert Center
26 Century Blvd.
P. 0. Box 305191
THIS cERTIFEATE~~~SSUED E A MAITER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
HOLDER. THIS CERTIFICATE DOES NOT WEND, EXTEND OR
I
Nashville, TN 372305191 1 INSURERS AFFORDING COVERAGE I NAIW I
INSURERA: Wausau Underwriters Insurance Company
INSURER B
INSURER C
lNSURED Vila and Son Landscaping Corp
1930 D Road
Loxahatchee, FL 33470
26042-001
I
INSURER D
INSURER E
R
POLICY EXPIRATION DATE IMWDDIYYI
4/1/2006
-
A
LIMITS
EACHOCCURRENCE s 1,000,000
MED WP (Any one person) S 5.000
DAMAGE TO RENTED PREMISES (Ea ocarrence) S 3 0 0 I 0 0 0
PERSONALLADVINJURY S 1, 000. 000
GENERALAGGREGATE 5 2,000. 000
PRODUCTS ~ COMP/OP AGG S 2, 0 0 0, 0 0 0
-
A
GENLAGGREGATE LIMIT APPLIES PER
-
DEI
Di,
LOC
y - AUTOMOBILE LIABlLllY ASJZ91433138025
GARAGE LIABILITY
ANY AUTO k
X ANYAUTO -
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NONQWNED AUTOS
-
-
-
-
EXCESS LLABlLlTY 3 OCCUR 0 CLAlMSMADE
I
PlPTlON OF OPERATIONSILOCATIONYHICLESIEXCLUSIONS ADDED BY ENDORSEMEN
ision/Location: West Palm Beach
L/1/2005
OLlCY EFFECTIVE DATE(MWDDIYYI
/1/2005
s
4/1/2006 x ITORYLlMlTSI WC STATU- I OTH- ER
E L EACHACCIDENT S 500,000
EL DISEASE-EAEMPLOYEE 500, 000
E L DISEASE ~ POLICY LIMIT 5 0 0, 0 0 0 S
/1/2005 4/1/2006 COMBINED SINGLE LIMIT s 1, 0 0 0 , 0 0 0 (Ea accident)
s BODILY INJURY
(Per person) I BODILYINJURY
(Per amdent) Is
AUTO ONLY ~ EAACCIDENT
OTHERTWIN EAACC
AUTO ONLY
EACH OCCURRENCE
AGGREGATE I s
Project #: PUB0068, Northlake Boulevard Medians.
It is agreed that City of Palm Beach Gardens is included as an additional insured as respects to
General Liability and Auto Liability as required by written contract.
CERTIFICATE HOLDER
Cit of Palm Beach Gardens 10550 N. Military Trail
Palm Beach Gardens, FL 33410-4698
ACORD 25 (2001 /08) Coll:1486060 Tpl:312845
CANCELLATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
!rt: 6583085 OACORD CORPORATION 1988
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsernent(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108) Coll:1486060 Tpl:372845 Cert:6583085
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
i Reviewed by:
City Att M rn
Finance Administrator
Submitted by:
Jack Doughney,
Communitx Services
City dana$er
Originating Dept.:
n cd
Operations
Angela Wong
Community Services
Department
Advertised: N/A
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ x ] Not required
Costs: $1 13,556.00
(Total)
$1 13.556.00
Current FY
Funding Source:
[ ] Operating
[ X ] Other
Capital Project
Budget Acct.#:
001 -2080-51 9.6900
PU b-0067
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Location Map
Resolution 22, 2006
[ ]None
Date Prepared: January 27,2006
Meeting Date: February 16, 2006
Resolution: 22, 2006
BACKGROUND: In June 2004, the City was awarded a 100% grant through the County’s OTIS (Only
Trees, Irrigation, and Sod) Program in an amount not to exceed $95,000 for medians located on Northlake
Boulevard from Military Trail west to Green Meadows Way, and one median on Military Trail just south of the
city limit in a County pocket. Since then, the City experienced several delays including storm events and the
release of a bid for annual landscaping contractors. The OTIS agreement expired on June 30, 2005. In
addition, project costs have increased to $1 13,556.
Due to the County’s and City’s desire to proceed with the project, both parties request the approval of the
proposed Amendment. The Amendment extends the project installation date to June 30,2006, and increases
the reimbursement cost to the City to $1 13,556.00. This project will be installed simultaneously with the Keep
Palm Beach County Beautiful median projects taking place along Military Trail and Northlake Boulevard during
January through April. The City will be required to maintain these medians upon completion.
STAFF RECOMMENDATION: Approve Resolution 22,2006 as presented.
i
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4 5TH WAY-
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a-
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Date Prepared: February 2, 2006
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RESOLUTION 22,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE FIRST AMENDMENT
TO THE FINANCIAL ASSISTANCE AGREEMENT WITH PALM BEACH
COUNTY FOR MEDIAN BEAUTIFICATION ON NORTHLAKE
BOULEVARD AND MILITARY TRAIL AS PART OF THE “ONLY
TREES, IRRIGATION, AND SOD” (OTIS) PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 3, 2004, the City approved Resolution 11 0, 2004 authorizing
the execution of a Financial Assistance Agreement with Palm Beach County for a grant
through the “Only Trees, Irrigation, and Sod” (OTIS) Program, which is attached hereto and
incorporated herein as Exhibit “A’,; and
WHEREAS, this project includes installation of landscaping and irrigation, by June
30, 2005, within certain medians located on Northlake Boulevard and Military Trail for an
amount not to exceed $95,000.00; and
WHEREAS, due to unexpected delays and increases in project costs, the City has
requested an amendment to extend the completion date to June 30, 2006, and increase
the reimbursement amount to $1 13,556.00; and
WHEREAS, such amended agreement has been prepared and is attached hereto
as Exhibit “B”; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval of
this Resolution to be in the best interest of the citizens and residents of the City of Palm
Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the First Amendment to the
Financial Assistance Agreement between the City of Palm Beach Gardens and Palm
Beach County, and hereby authorizes the Mayor and City Clerk to execute the
Amendment.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: February 2,2006
Resolution 22, 2006
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PASSED AND ADOPTED this day of ,2006.
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 JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBERBARNETT ---
G:bttorney-share\RESOLUTlONS\First Amendment OTIS - reso 22 2006.doc
2
Date Prepared: January 27,2006
Meeting Date: February 16, 2006
Resolution: 22, 2006
EXHIBIT A
Palm Beach County Financial Assistance Agreement
..; ’.,
’ *. *. . ..
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‘I ~2004 1688
1:
I CITY O? PU BEACH OARDENS NORTHLAKE BOULEVARD AND MILITARY TU16 - BEAUTI?ICATION
FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF PALM BEACH GARDENS
NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION
THIS INTER-LOCAL AGREEMENT is made and entered into this day of
,2004, by and between the CITY OF PALM BEACH GARDENS, a
municipal corporation of the State of Florida, hereinafter “CITY ‘I, and PALM BEACH
COUNTY, a political subdivision of the State of Florida, hereinafter “COUNTY”.
17 2001
WIT N E S S ETH:
WHEREAS, the CITY wishes to install landscaping and irrigation in the
medians of COUNTY’s Northlake Boulevard from .6 mile west of Military Trail to
Military Trail, and unirrigated xeric landscaping in one grassy median of the State’s
Military Trail from Lillian Avenue north to approximately 300 feet south of Northlake
Reliever (hereinafter “IMPROVEMENTS”) as elements of larger-area beautification
efforts by CITY; and
WHEREAS, COUNTY shows the foregoing roadway segments on its funded
OTIS (Only Trees, Irrigation, and Sod) Program Master Plan for implementation and
maintenance by COUNTY at a future time; and
WHEREAS, it would be mutually beneficial and more efficient for COUNTY to
contribute funding planned for COUNTY’s OTIS projects to CITY for their inclusion
of the OTIS project areas (as IMPROVEMENTS) into CITY’S larger-area beautification
efforts; and
WHEREAS, the COUNTY believes that these efforts by CITY serve a public
purpose in the enhancement of the appearance of these rights of way and wishes
to support CITY’S efforts to install the IMPROVEMENTS by providing reimbursement
funding for a portion of the cost of the IMPROVEMENTS from COUNTY’s OTIS
Program budget, in a total amount not to exceed NINETY-FIVE THOUSAND AND
001100 DOLLARS ($95,000.00), with a maximum reimbursement of NINETY
THOUSAND DOLLARS AND 0011 00 DOLLARS ($90,000) for IMPROVEMENTS on
Northlake Boulevard, and a maximum reimbursement of FIVE THOUSAND DOLLARS
AND 001100 DOLLARS ($5,000.00) for IMPROVEMENTS on Military Trail; and
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CITY 01 PALM BMCH OARDWS NORTHLA?X BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION
WHEREAS, the above maximum funding amount is the estimated amount that
COUNTYwould have spent to install OTIS on Northlake Boulevard, plus a reasonable
allowance for the CITY-proposed unirrigated xeric landscaping on Military Trail; and
WHEREAS, after installation, CITY will be responsible for the perpetual
maintenance of the IMPROVEMENTS; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties agree as follows:
1.
2.
The above recitals are true, correct and are incorporated herein.
The COUNTY agrees to provide to CITY reimbursement funding for
documented costs from COUNTY’S OTIS Program budget, in a total amount not to
exceed NINETY-FIVE THOUSAND AND 001100 DOLLARS ($95,000.00) for CITY’S
IMPROVEMENTS, with a maximum reimbursement of NINETY THOUSAND DOLLARS
AND 001100 DOLLARS ($90,000) for IMPROVEMENTS on Northlake Boulevard, and
a maximum reimbursement of FIVE THOUSAND DOLLARS AND 001100 DOLLARS
($5,000.00) for IMPROVEMENTS on Military Trail.
3. The COUNTY agrees to reimburse CITY the amount established in
paragraph 2 for costs (materials and labor) associated with installation of the
IMPROVEMENTS, upon CITY Is submission of acceptable documentation needed
to substantiate their costs for the IMPROVEMENTS. The COUNTY will use its best
efforts to provide said funds to CITY on a reimbursement basis within forty-five (45)
days of receipt of all Information required in Paragraph 6, below.
4. The COUNTY’S obligation is limited to its payment obligation and shall
have no obligation to any other person or entity.
5. CITY agrees to assume all responsibility for design, bidding, contract
preparation, and contract administration for the installation of the IMPROVEMENTS,
including payment(s) to contractor(s), pursuant to all applicable governmental laws
and regulations and will complywith all applicable governmental landscaping codes
and permitting requirements in the selection and installation of the IMPROVEMENTS.
CITY agrees to install the IMPROVEMENTS substantially in accordance with the
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CITY 01 PALn BLACEI QAEDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION
plans, specifications and costs as approved in the permitting process by the
COUNTY andlor State, as appropriate. Otherwise, the COUNTY will have the final
determination of the eligibility for reimbursement of any changes. Substantial
variations from the submitted plans shall require prior written approval from the
County Engineer’s Office. The final permit drawings must be signed and sealed by
a Florida Registered Landscape Architect experienced in roadway planting and
familiar with the COUNTY’S Streetscape Standards Manual.
6. CITY will obtain or provide all labor and materials necessary for the
installation of the IMPROVEMENTS. The COUNTY shall have the final determination
of ellgibilltyfor reimbursement. CITY shall furnish the Manager, Streetscape Section,
of the COUNTY’S Department of Engineering and Public Works with a request for
payment supported by the following:
a. Astatement from a Florida Registered Landscape Architect that the
IMPROVEMENTS have been inspected and were installed substantially
in accordance with the permitted plans for the IMPROVEMENTS, and;
b. A Contract Payment Request Form and a Contractual Services
Purchases Schedule Form, attached hereto and incorporated herein as
Exhibit “A” (pages 1 and 2) which are required for each and every
reimbursement requested by CITY. Said information shall list each
invoice payable by CITY and shall include the vendor invoice number,
invoice date, and the amount payable by CITY . CITY shall attach a
copy of each vendor invoice paid by CITY along with a copy of the
respective check and shall make reference thereof to the applicable
item listed on the Contractual Services Purchases Schedule Form.
Further, the Program Administrator and the Program Financial Officer
for CITY shall also certify that each vendor invoice listed on the
Contractual Services Purchases Schedule Form was paid by CITY as
Indicated.
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CITY OF PALM BEACH QARDBNS NORTHLAKS BOULKVM(D AND MILITARY TRAIL - BBAUTIIICATION
7. CITY shall maintain adequate records to justify all charges, expenses,
and costs incurred in performing the IMPROVEMENTS for at least three (3) years
after the completion of such IMPROVEMENTS. COUNTY shall have access to all
books, records and documents as required in this Section for the purpose of
inspection or audit during normal business hours.
8. CITY agrees to be responsible for the perpetual maintenance of the
IMPROVEMENTS following the installation and shall be solely responsible for
obtaining and complying with all necessary permits, approvals, and authorizations
from any federal, state, regional, or COUNTY agency which are required for the
subsequent maintenance of the IMPROVEMENTS.
9. All installation of these IMPROVEMENTS shall be completed and final
invoices submitted to the COUNTY no later than June 30,2005, and the COUNTY
shall have no obligation to CITY or any other entity or person for any cost incurred
thereafter unless the time for completion is extended by modification of this
Agreement as provided herein.
10. In the event a claim or lawsuit is brought against COUNTY, its officers,
employees, servants, or agents relating to the iMPROVEMENTS with regard to
responsibilities of the CITY, CITY agrees without waiver of the limitation as provided
for in Section 768.28, Florida Statutes, and to the extent permitted by law to
indemnify and hold harmless COUNTY, its officers, employees, servants, or agents
from and against any claims, resulting or emanating out of the terms and conditions
contained in this Agreement relating to any part of the IMPROVEMENTS that is the
responsibility of CITY.
11. CITY shall, at all times during the term of this Agreement (the
installation and existence of the IMPROVEMENTS), maintain in force its status as an
insured municipal corporation.
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CITY 01 PALM BUCH OARDEN8 NORTHWE BOULEVARD AND YILITARY TRAIL - BEAUTIFICATION
12. As provided in F.S. 287.132-133, by entering into this Agreement or
performing anywork in furtherance hereof, CITY certifies that its affiliates, suppliers,
sub-contractors, and consultants who perform work hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department
of Management Services within 36 months immediately preceding the date hereof.
This notice Is required by F.S. 287.133(3)(a).
13. CITY shall require each contractor engaged by CITY forwork associated
with this Agreement to maintain:
a. Workers’ Compensation coverage in accordance with Florida
Statutes, and:
b. Commercial General Liability coverage, including vehicle coverage,
in combined single limits of not less than ONE MILLION AND OOlIOO
DOLLARS ($1,000,000.00). The COUNTY shall be included in the
coverage as an additional insured.
c. A payment and performance bond for the total amount of the
improvements in accordance with Florida Statute 255.05.
In the event of termination, CITY shall not be relieved of liability to the
COUNTY for damages sustained by the COUNTY by virtue of any breach of the
contract by CITY; and the COUNTY may withhold any payment to CITY for the
purpose of set-off until such time as the exact amount of damages due the COUNTY
is determined. In the event CITY elects to discontinue its maintenance obligation for
the IMPROVEMENTS under this Agreement, it shall be the obligation of CITY to
restore, if necessary, the area of the IMPROVEMENTS on the COUNTY’S rights-of-
way to a Condition acceptable to the County Engineer, which shall be in accordance
I with Federal, State and COUNTY standards for road construction andlor
maintenance. In the event CITY fails to restore the area of the IMPROVEMENTS to
a condition acceptable to the County Engineer, the COUNTY may undertake such
restoration and CITY shall be liable for the costs of such restoration.
14.
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CITY O? PALW BUCH OARDENS NORTHLAKE BOULBVARD AND MILITARY TIUIL - BBAUTIFICATION
15. CITY 's termination of this AGREEMENT shall result in all obligations of
the COUNTY for funding contemplated herein to be canceled.
16. The COUNTY and CITY agree that no person shall, on the grounds of
race, color, national origin, sexual orientation, religion or creed, sex, age, or
handicap be discriminated against in performance of the Agreement.
17. In the event that any section, paragraph, sentence, clause, or provision
hereof is held invalid by a court of competent jurisdiction, such holding shall not
affect the remaining portions of this Agreement and the same shall remain in full
force and effect.
18. All notices required to be given under this Agreement shall be in
writing, and deemed sufficient to each party when sent by United States Mail,
postage prepaid, to the following:
AS TO THE COUNTY
Manager, Streetscape Section
Palm Beach County Department of
Engineering and Public Works
Post Oftice Box 21229
West Palm Beach, Florida 33416-1229
AS TO CITY
City Manager
City OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, Florida 33410
19. This Agreement shall be construed and governed by the laws of the
State of Florida. Any and all legal action necessary to enforce this Agreement shall
be held in Palm Beach County. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every other remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now
or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy shall preclude any other
or further exercise thereof.
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CITY 01 PALU BUCB ONWENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BPAVTIFICATION
20. Any costs or expenses (including reasonable attorney’s fees)
associated with the enforcement of the terms and conditions of this Agreement
shall be borne by the respective parties; provided, however, that this clause pertains
only to the parties to the Agreement.
21. Except as expressly permitted herein to the contrary, no modification,
amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same formality
and equality of dignity herewith.
22. Each party agrees to abide by all laws, orders, rules and regulations and
CITY will comply with all applicable governmental landscaping codes in the
maintenance and replacement of the IMPROVEMENTS.
23. The parties to this Agreement shall not be deemed to assume any
liability for the negligent or wrongful acts, or omissions of the other party (or
parties). Nothing contained herein shall be construed as a waiver, by any of the
parties, of the liability limits established in Section 768.28, Florida Statutes.
24. CITY shall promptly notify the COUNTY of any lawsuit-related complaint,
or cause of action threatened or commenced against it which arises out of or
relates, in any manner, to the performance of this Agreement.
25. The parties expressly covenant and agree that in the event any of the
parties is in default of its obligations under this Agreement, the parties not in default
shall provide to the defaulting party thirty (30) days written notice before exercising
any of their rights.
26. The preparation of this Agreement has been a joint effort of the parties,
and the resulting document shall not, solely as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
27. This Agreement represents the entire understanding among the parties,
and supersedes all other negotiations, representations, or agreements, eitherwritten
or oral, relating to this Agreement.
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CITY OF PALM BBA~ -ma NORTHLAKE Bovmvm AND MILITARY TIUIL - BDAUTICICATION
1 28. A copy of this Agreement shall be filed with the Clerk of the Circuit
2 Court in and for Palm Beach County, Florida.
3 29. This Agreement shall take affect upon execution and the effective date
4 shall be the date of execution.
5 INTENTIONALLY LEFT BLANK
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CITY OF PALM BEACH -ENS NORTXWE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION
1 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective
2 on the date first above written.
3 CITY OF PALM BEACH GARDENS
4 (CITY SEAL)
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CITY OF PALM BEACH GARDENS,
BY ITS CITY COUNCIL
6 ' ATTEST:
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10 ' APPROVED AS TO FORM AND LEGAL SUFFICIENCY
11 By:
12 CITY ATTORNEY
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PALM BEACH COUNTY
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
R2004 1688
4116 17 mu
22 DEPUTY CLERK R~N T. MARCUS, CHAIR
21 By:
23 APPROVED AS TO FORM AND LEGAL SUFFICIENCY
26 APPROVED AS TO TERMS AND CONDITIONS
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3 0 F:\HEDIANUSHUWUIGMTEGMT6N~EO31204.WPD
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PALM BEACH COUNTY
ENGINEERING & PUBLIC WORKS DEPARTMENT
CONTRACT PAYMENT REQUEST
Exhibit A
(Project)
Grantee Request Date
Billing # Billing Period
PROJECT PAYMENT SUMMARY
Item
Project Costs Cumulative Total
This Billing Project Costs Project Costs
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS
Certification: I hereby certify that the above
were incurred for the work identified as being
accomplished in the attached progress reports.
Certification: I hereby certify that the documen-
tation has been maintained as required to support
the project expenses reported above and is avail-
able for audit upon request.
AdministratorlDate Financial OfficedDate
PBC USE ONLY
County Funding Participation
Total Project Cost
Total project costs to date
County obligation to date
County retainage (-'YO)
County funds previously disbursed
County funds due this billing
Reviewed and Approved by:
PBC Project Administrator/Date
Assistant County Engineer or Fiscal Managermate
Page 1 of 2
a
Date Prepared: January 27,2006
Meeting Date: February 16, 2006
Resolution: 22, 2006
EXHIBIT B
Addendum
December 29,2005
Department of Engineehg
and Public Works
PO. Box 21229
West Palm Beach, FL. 33416-1229
(561) 684-4000
www.pbcgov.com
Palm Beach County
Board of County
Commissioners
Tony Masilotti. Chairman
Addie L. Greene, Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newel1
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
“An Equal opporhtnily
Aflnnative Action Employer’
Angela Wong
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
SUBJECT: First Amendment to Financial Assistance Agreement No.
R2004-1688
Dear Ms. Wong:
Enclosed are two originals of the subject First Amendment to Financial Assistance
Agreement No. R2004-1688. This amendment accomplishes both the funding
increase requested by the City, and extends without interruption the completion
deadline for the City’s Beautification until June 30, 2006.
Please have both originals executed by the designated official of your Association,
and then return both originals to me so this item can go before the County
Commission for final execution. Following that approval and the signature of the
Chairman, I will return one fully executed original to the Association for your
records.
Your efforts to enhance the quality of life in Palm Beach County are appreciated.
If you have any questions, please contact me or Gary Gregory at 684-41 00.
Sincerely,
Manager - Streetscape Section
Attachments: Two Originals of the First Amendment to the Financial Assistance
G. Haney Frakes, Jr., P.E., Assistant County Engineer - With Agreement
Gary Gregory - Streetscape Section - With Agreement
Agreement
pc:
File: City of Palm Beach Gardens
f:\rnedian\ash\2006Agmts\PalrnBeachGdnsTransLtrl22905
AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT WITH CITY OF PALM BEACH GARDENS FOR
NORTHLAKE BOULEVARD AND MILITARY TRAIL BEAUTIFICATION
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AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT DATED AUGUST 17,
2004 FOR THE CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND
THIS AMENDMENT is made to the Financial Assistance Agreement (R2004-
1688) dated August 17,2004, by and between CITY OF PALM BEACH GARDENS, a
municipal corporation of the State of Florida, hereinafter "CITY", and BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, a political subdivision of the
State of Florida, hereinafter "COUNTY".
W ITN E S S ET H:
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WHEREAS, on August 17, 2004, CITY and COUNTY entered into a financial
assistance agreement providing for reimbursement funding of the cost of CITY's
planned IMPROVEMENTS on COUNTY'S Northlake Boulevard from .6 mile west of
Military trail to Military Trail, and unirrigated xeric landscaping in one grassy median
of the State's Military Trail from Lillian Avenue north to approximately300 feet south
of Northlake Reliever, in an amount not to exceed NINETY FIVE THOUSAND AND
0011 00 DOLLARS ($95,000.00); and
WHEREAS, on August 17,2004, COUNTY provided for funding of the cost of
the IMPROVEMENTS in an amount not to exceed $95,000.00 with CITY that provided
for a completion date of June 30,2005; and
WHEREAS, the completion of the improvements has been exceeded due to
unexpected delays during the procurement process; and
WHEREAS, due to cost increases for the IMPROVEMENTS that have been
experienced by CITY, CITY has requested additional funding in the amount of
EIGHTEEN THOUSAND FIVE HUNDRED SIXTY SIX AND 001100 DOLLARS ($18,
566.00), for a new total reimbursement funding amount not to exceed ONE
HUNDRED THIRHTEEN THOUSAND FIVE HUNDRED FIFTY SIX AND 001100 DOLLARS
($1 13,556.00); and
WHEREAS, COUNTY has experienced similar cost increases associated with
its roadway beautification efforts and therefore supports CITY's request for
additional funding; and
1
AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT WITH CITY OF PALM BEACH GARDENS FOR
NORTHLAKE BOULEVARD AND MILITARY TRAIL BEAUTIFICATION
1 WHEREAS, COUNTY and CITY desire that this amendment shall relate back to
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August 17,2004, and the Contract continued without interruption nor lapse and its
term extended for an additional one (1) year period until June 30,2006; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties agree as follows:
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1. The Agreement is hereby amended to revise paragraph 2 as follows:
2. The COUNTY agrees to provide to CITY reimbursement funding
for documented costs from COUNTY’S OTIS Program budget, in a
total amount not to exceed ONE HUNDRED THIRHTEEN
THOUSAND FIVE HUNDRED FIFTY SIX AND 001100 DOLLARS
($1 13,556.00) for CITY’S IMPROVEMENTS, with a maximum
reimbursement of ONE HUNDRED TWO THOUSAND ONE
HUNDRED NINETY SIX AND 001100 DOLLARS ($102,196.00)
for IMPROVEMENTS on Northlake Boulevard and a
maximum reimbursement of ELEVEN THOUSAND THREE
HUNDRED SIXTY SIX AND 001100 DOLLARS ($1 1,360.00) for
IMPROVEMENTS on Military Trail.
2. The Financial Assistance Agreement dated August 17, 2004, by and
between CITY and COUNTY shall be continued, without interruption nor lapse
in its term or effect, for an additional one (1) year period commencing on June
30, 2005, and expiring June 30, 2006. Accordingly, the Agreement is hereby
amended to revise paragraph 9 as follows:
9. All installation of these IMPROVEMENTS shall be completed and
final invoices submitted to the COUNTY no later than June 30,
2006, and COUNTY shall have no obligation to CITY or any other
entity or person for any cost incurred thereafter.
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AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT WITH CITY OF PALM BEACH GARDENS FOR
NORTHLAKE BOULEVARD AND MILITARY TRAIL BEAUTIFICATION
3. It is the intent of the parties hereto that this AMENDMENT shall not
become binding until the date executed by the Board of County
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I Commissioners of Palm Beach County.
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4. All other provisions of the Financial Assistance Agreement dated August
17,2004, shall remain in full force and effect. ~
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(INTENTIONALLY LEFT BLANK)
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AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT WITH CITY OF PALM BEACH GARDENS FOR
NORTHLAKE BOULEVARD AND MILITARY TRAIL BEAUTIFICATION
I IN WITNESS WHEREOF, the parties have executed this Agreement and it is
2 ,effective on the day first above written.
3 PALM BEACH COUNTY, FLORIDA, BY CITY OF PALM BEACH GARDENS,
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5 ITS BOARD OF COUNTY COMMISSIONERS BY ITS CITY COMMISSION
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8 TONY MAS1 LOTTl, CHAIRMAN MAYOR
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12 (COUNTY SEAL) (CITY SEAL)
13
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15 ATTEST: ATTEST:
By: By:
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17 COMPTROLLER
SHARON R. BOCK, CLERK &
18 By: By:
19 DEPUTY CLERK CITY CLERK
20 By: By:
21 APPROVED AS TO FORM AND LEGAL
22 SU FFl Cl ENCY SUFFICIENCY
23 ASSISTANT COUNTY ATTORNEY CITY ATTORNEY
APPROVED AS TO FORM AND LEGAL
24 By:
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APPROVED AS TO TERMS AND
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CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, engineers help to design, construct and maintain the
infrastructure and facilities that contribute to a high quality of life for all resident of
Palm Beach Gardens; and
WHEREAS, Palm Beach Garden’s future growth depends on engineers
executing innovative, creative, high-quality solutions to technical problems; and
WHEREAS, the stated purposes of the Florida Engineering Society shall be
to advance the public welfare and to promote the professional, social and economic
interests of the engineering profession and to stimulate and develop professional concepts
among all engineers through education and in practice; and
WHEREAS, current members of the Florida Engineering Society and the
Florida Institute of Consulting Engineers are making strides to interact with the
engineering education sector to prepare future engineers to maintain our economic
leadership and quality of life;
WHEREAS, it is fitting that we recognize and honor the continuing
contributions of America’s engineers by observing Engineers Week with the motto:
“Engineering The Future”;
NOW, THEREFORE, I, Joseph Russo, Mayor of the City of Palm Beach Gardens,
Florida, do hereby proclaim the week of February 20-24, 2006 National Engineers Week.
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 16th
Day of February, in the year Two Thousand and
Six.
____________________________
MAYOR
ATTEST:
____________________________
Patricia Snider, CMC, City Clerk
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 12,2006
Meeting Date: February 16,2006
Resolution 17,2006
SubiectlAqenda Item:
Resolution 17, 2006: Shoppes on the Green Monument Sign and Easement
Agreement for Fairway Drive Median
Consideration of Approval: Thomas J. Baird, Esquire, agent for Southeast Centers, LLC, is
requesting approval for an amendment to the PGA National Comprehensive Signage
Program to allow a 6’ high x 8’10” wide monument sign for Shoppes on the Green within
the PGA National Development of Regional Impact (DRI), and approval of an Easement
Agreement related thereto. The sign is to be located within the median of Fairway Drive
approximately 15 feet south of PGA Boulevard.
[ X ] Recommendation to APPROVE with conditions and waivers
Reviewed by:
Planning Manager: a?
Tala1 M. Benothma , AlCP P
Development Compliance:
Bahara K. Wolfs, AlCP
Growth Management
Ad inistrator:
harles K. Wu. AlCP
Approved By:
I
Originating Dept.:
Growth Management:
Project
- Planner
[ X ] Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
Date:
Paper:
[ X ] Not Required
Public Notice:
-I.- ] Yes
[XI No
Finance
Fees Paid [Yes ]
per memo 111 7/06
Funding Source:
[ 3 Operating
[XI Other NA
Budget Acct .#:
NA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 17, 2006
Easement Agreement
Plans
PGA Property Owners
Resolution 26, 1996
Resolution 133, 1990
Resolution 73, 1990 wl
approval letter
PGA National
Comprehensive
Signage Program
Date Prepared: January 12,2006
Meeting Date: Februaryl6,2006
Resolution 17,2006
BACKGROUND
On February 1 , 1979, the City Council approved the PGA National Planned Community
Development (PCD) with the adoption of Ordinance 34, 1978. Subsequently, the site plan
for the Shoppes on the Green was approved by the City Council through the adoption of
Resolution 1 , 1986.
Resolution 73, 1990 approved the Comprehensive Signage Program for PGA National
Resort Communities as prepared by Urban Design Studio dated April, 1990. Resolution
133, 1990 further amended the Comprehensive Signage Program by changing colors of
certain signs. Resolution 26, 1996 amended the Signage Master Plan for PGA National
Resort Communities by changing colors, revising the PGA National logo, revising the
appearance of project directional signs, and eliminating individual sales center directional
signs.
LAND USE AND ZONING
The shopping center site is within the PGA National Resort DRI and has a future land-use
designation of Commercial (C). The zoning district is Planned Community District Overlay
(PCD) with an underlying zoning of Commercial (CG-1). The site also falls within the PGA
Boulevard Corridor Overlay District.
PGA BOULEVARD CORRIDOR OVERLAY
Policy 1 .I .6.5 of the City of Palm Beach Gardens Comprehensive Plan establishes the
PGA Boulevard Overlay District. Section 78-221 of the Land Development Regulations
establishes planning and design guidelines for all property located on both sides of PGA
Boulevard to a depth of 1,000 feet. PGA Boulevard is recognized as the “Main Street” of
the City of Palm Beach Gardens. Policies and development guidelines have been
established to ensure that this area achieves the City’s overlay objectives. The proposed
sign does not have adverse impacts on the quality of the Overlay District.
PROJECT DETAILS
The applicant is requesting an amendment to the PGA National Comprehensive Signage
Program in order to place a monument sign within the median of Fairway Drive
approximately 15 feet south of PGA Boulevard (Petition MISC-05-07). Signage for the
Shoppes on the Green was previously located at the northwest corner of PGA Boulevard
and Fairway Drive on property owned by Bascom Palmer Eye Institute. The signage was
recently removed to make way for the new Bascom Palmer Eye Institute signage at this
location. The tenants of Shoppes on the Green have since voiced their concerns about
the loss of the entry signage and fear their businesses will suffer. The applicant is
requesting one double faced monument sign within the median of Fairway Drive, to replace
the signage that was removed.
Fairway Drive is a public right-of-way, and the City Council has previously permitted signs
2
Date Prepared: January 12,2006
Meeting Date: Februaryl6,2006
Resolution 17,2006
to be located within the medians of other City rights-of-way, including at least 11 signs
within the Regional Center DRI and also within Victoria Falls Boulevard entry median at
The Isles PUD.
The applicant has provided letters from the PGA Property Owners Association, Inc., dated
February 7, 2005 and November IO, 2005, stating the PGA Architectural Review
Committee has reviewed the request for aesthetic purposes and compliance with PGA
Property Owners Association community standards.
Easement Agreement
The applicant has prepared an Easement Agreement between Shoppes on the Green
(Fairway Shoppes Joint Venture) and the City whereby Fairway shall be responsible for the
installation, operation, maintenance, and repair of the sign. Fairway will also be
responsible for the maintenance of the Fairway Drive road shoulder, and the landscaping
within the median of Fairway Drive, from Fairway Lane to the western terminus of the
Shoppes on the Green property.
Sign Materials and Colors
The applicant is proposing a double-sided, 6’0” high x 8’10” wide, breakaway monument
sign with channel lettering. The design of the sign matches that of the City’s “welcome”
signs. The sign will be a finished beige stucco with Green PMS 350 cap and lettering. The
accents will be PMS Beige 452. The lettering for “Shoppes on the Green” will be white on
a green background, and the lettering for “at PGA National” will be Green PMS 350. The
sign will be internally illuminated.
A waiver is being requested to allow the required %foot base to be only 16.5 inches in
height. Because the sign is located within a roadway median, it is desirable that it be as
low as possible so as not to interfere with motorists’ visibility. Therefore, staff has no
objection to this waiver request.
Landscapinq
The sign base will be landscaped with Dwarf Crown of Thorns and Dwarf Ilex, and there is
an existing mahogany tree on the south side of the sign which will not be disturbed.
Section 78-287(~)(1)&(2) requires that ground signs be landscaped on all sides, with the
front and sides landscape area being the same as the height of the sign (six feet in this
case). Because the existing median width does not allow the sides to be landscaped the
full six feet, a waiver of 3.25 feet is being requested. Staff has no objection to this waiver
request.
3
Waivers Re Q ues te d
Code Section Required Proposed Waiver Staff
Recommendation
Section 78- Side landscape area Sides: 2.75’
287(c) (I)& (2) minimum width shall landscape width Landscaping not be less than height
of sign (6’ high)
Sides: 3.25’ Approval (1)
Section 78-285, 3-fOOt solid base not 16.5 high base 19.5 Approval (2)
Table 24
Ground Sign wlout sign copy
Non-residential
less than 3 feet high
(1 ) The existing median width does not permit the required landscape area. Staff has
no objection to this waiver request, since it is in exchange for a proposed condition
of approval that Shoppes on the Green (Fairway Shoppes Joint Venture) maintain
the Fairway Drive road shoulder, and the landscaping within the median of Fairway
Drive, from Fairway Lane to the western terminus of the Shoppes on the Green
property .
(2) Staff has no objection to this waiver request. Because the sign is located within a
roadway median, it is desirable to decrease the height of the base so it does not
interfere with motorists’ visibility.
PLANNING, ZONING, AND APPEALS BOARD
At its meeting on June 14, 2005, the Planning, Zoning, and Appeals Board voted 7-0 to
recommend approval with conditions and waivers.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 17, 2006 with two waivers and the conditions
contained the rein .
jholloman1Shoppes on the greenlmedian signagelstaff report CC1
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Date Prepared: January 12,2006
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RESOLUTION 17,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE PGA NATIONAL COMPREHENSIVE SIGNAGE PROGRAM TO
ALLOW A MONUMENT SIGN TO BE LOCATED WITHIN THE
FAIRWAY DRIVE MEDIAN FOR SHOPPES ON THE GREEN AT
PGA NATIONAL DEVELOPMENT OF REGIONAL IMPACT (DRI);
APPROVING AN EASEMENT AGREEMENT, AS MORE
PARTICULARLY DESCRl BED HERE IN; PROVIDING FOR
WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 17, 1990, the City Council approved the Comprehensive
Signage Program for PGA National Resort Communities through the adoption of
Resolution 73, 1990; and
WHEREAS, on October 18, 1990, the City Council approved an amendment to
the Comprehensive Signage Program for the PGA National Resort Communities to
allow a color change of certain signs through the adoption of Resolution 133, 1990; and
WHEREAS, on February 15, 1996, the City Council approved an amendment to
the Comprehensive Signage Program (the Signage Master Plan) for the PGA National
Resort Communities to allow color and appearance changes, aluminum sign posts, a
logo revision, and the elimination of individual sales center directional signs; and
WHEREAS, a previously-existing entry sign for Shoppes on the Green at the
northwest corner of PGA Boulevard and Fairway Drive was removed when that
privately-owned property was approved for development; and
WHEREAS, Thomas J. Baird, Esquire, agent for Southeast Centers, LLC and
Fairway Shoppes Joint Venture (the “Applicant”), has filed a petition (MISC-05-08)
requesting approval for an amendment to the PGA National Comprehensive Signage
Program to allow a 6’-high x 8’10”-wide monument sign for Shoppes on the Green
within the PGA National Development of Regional Impact (DRI), and requesting
approval of an Easement Agreement across a portion of the City’s property to allow for
the installation, operation, maintenance, and repair of the sign. The sign is to be
located within the median of Fairway Drive approximately 15’ south of the PGA
Boulevard right-of-way; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined it is sufficient, and has recommended approval; and
Date Prepared: January 12,2006
Resolution 17,2006
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WHEREAS, the Planning, Zoning, and Appeals Board held a public meeting on
June 14, 2005, and voted 7-0 to recommend approval with conditions and waivers; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. An amendment to the Comprehensive Signage Program for PGA
National Resort Communities, as previously amended, is hereby APPROVED to include
a 6'-high x 8'10"-wide monument sign within the median of Fairway Drive for Shoppes on
the Green.
SECTION 3. An Easement Agreement between the City of Palm Beach Gardens
and Shoppes on the Green (Fairway Shoppes Joint Venture) which provides that Fairway
Shoppes Joint Venture shall be responsible for the installation, operation, maintenance,
and repair of the median sign is hereby APPROVED for the following described real
property, subject to the conditions of approval and waivers provided herein:
LEGAL DESCRIPTION:
A PORTION OF THE RIGHT-OF-WAY OF FAIRWAY DRIVE PER THE "PLAT OF
FAIRWAY DRIVE AND FAIRVIEW LANE", AS RECORDED IN PLAT BOOK 56,
PAGES 21 AND 22 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID FAIRWAY DRIVE;
THENCE NORTH OI"32'57" WEST, ALONG EAST LINE OF SAID FAIRWAY DRIVE,
BEING THE BASIS OF BEARING, A DISTANCE OF 18.82 FEET; THENCE NORTH
88"23'43" WEST, A DISTANCE OF 54.20 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE NORTH 88"23'43" WEST, A DISTANCE OF 7.75 FEET;
THENCE SOUTH OI"47'26" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH
88"23'43" EAST, A DISTANCE OF 7.75 FEET; THENCE NORTH 01'47'26" EAST, A
DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING.
2
Date Prepared: January 12,2006
Resolution 17,2006
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SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA.
SUBJECT TO ALL PERTINENT MATTERS OF RECORD.
CONTAINING 0.003 ACRES, MORE OR LESS.
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
1. A waiver from Section 78-287(C)(I) & (2) Landscaping, to allow a side
landscape area of 2.75’.
2. A waiver from Section 78-285, Table 24, Permitted Signage, to allow a
16.5”-high sign base.
SECTION 5. The monument sign is approved subject to the following conditions,
which shall be the responsibility of the Applicant, its successors, or assigns:
1. Prior to the issuance of the building permit, the Easement Agreement
between Fairway Shoppes Joint Venture and the City, allowing for the
installation, operation, maintenance, and repair of the approved sign, shall
be executed by both parties and recorded in the Public Records of Palm
Beach County, Florida. (City Attorney, Growth Management)
2. Prior to the issuance of the certificate of completion, the Applicant shall
install the approved landscaping associated with the sign. (City Forester)
3. The Applicant shall, at its sole cost and expense, install, maintain, and repair
its sign. (Growth Management, Code Enforcement)
4. The Applicant, its successors, or assigns shall maintain the Fairway Drive
road shoulder and the landscaping within the median of Fairway Drive, from
Fairway Lane to the western terminus of the Shoppes on the Green
property. This maintenance obligation may be amended by a separate
agreement with the City. (City Forester)
SECTION 6. The signage shall be installed and maintained in compliance with
the following documents and plans, as amended herein and on file with the City’s
Growth Management Department:
I. Easement Agreement between the City of Palm Beach Gardens and
Fairway Shoppes Joint Venture allowing for the installation, operation,
maintenance, and repair of the approved sign shall be executed by both
parties.
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Date Prepared: January 12,2006
Resolution 17,2006
2. Signage and Landscape Plan dated August 1, 2005, by Urban Design
Studio.
3. Color sign elevation, 2 sheets, “Shoppes on the Green at PGA National”
dated July 6, 2005, by Sign Craft
SECTION 7. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any public meeting.
SECTION 8. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 12,2006
Resolution 17,2006
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PASSED AND ADOPTED this day of , 2006.
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 JABLIN ---
COU NCI LM EMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONS\Shoppes on the Green sign-reso 17 2006.doc
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This instrument prepared by:
and return to:
Thomas J. Baird, Esq.
Thomas J. Baird, P.A.
11891 U.S. Highway One, Suite 105
North Palm Beach, FL 33408
Do not write above this line - this space reserved for recording purposes
EASEMENT AGREEMENT
This Easement Agreement (“Agreement”) is made and entered into this day of
, 2006, by and between the City of Palm Beach Gardens, a municipal
corporation organized and existing under the laws of the State of Florida, whose mailing address
is 10500 North Military Trail, Palm Beach Gardens, Florida (“City”), and Fairway Shoppes Joint
Venture, whose mailing address is 1541 Sunset Drive, Suite 300, Coral Gables, Florida 33143
(‘I Fa i way”).
WHEREAS, Fairway, in connection with its operation of its shopping center, proposes to
install a directional sign upon the City’s property; and
WHEREAS, Fairway has requested a perpetual easement across a portion of the City’s
property, for the installation, operation, maintenance, and repair of said directional sign for the
benefit of its tenants, visitors, and the general public; and
WHEREAS, the City is the fee title owner of certain real property lying herein described in
Exhibit “A”, attached hereto and made part hereof, and desires to grant to Fairway, its
successors, and assigns, a non-exclusive, perpetual easement in, on, over, under, and across a
portion of its property for the purposes described herein; and
WHEREAS, the parties desire to establish the rights and responsibilities of the parties
with respect to the easement created herein; and
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($1 0.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby
agree as follows:
1. The City hereby represents that it is the fee simple owner of the real property
described in Exhibit A, attached hereto and made part hereof (the ‘iProperty“); that it
has the right to enter into this Agreement; and that the person signing this
Agreement has the authority to sign and execute this Agreement on behalf of the
City. The City and its successors-in-interest to the City Property are referred to
herein as the ‘City.”
1
2. The City hereby grants and conveys to Fairway, its successors and assigns, a
perpetual, non-exclusive easement (hereinafter referred to as the “Easement“), for
access over, on, over, under, and across the Property, which shall permit Fairway
and its officers, agents, employees, servants, and independent contractors the right
and authority to enter upon the Property any time to use, install, operate, service,
maintain, construct, reconstruct, remove, relocate, repair, and replace Fairway’s sign
and to maintain landscaping on the Property and maintain the landscaping at a
standard at least as great as the City’s standard for landscaping public medians.
The legal description of the Easement is more specifically described in Exhibit A,
and the location of the Easement is depicted on the location sketch attached hereto
as Exhibit B, both of which are made a part hereof.
3. Fairway shall, at its sole cost and expense, install, maintain, and repair its sign.
Fairway shall perform its obligations described herein, in a manner so as to minimize
damage, disruption, and inconvenience to the Property.
4. Fairway, its successors, or assigns shall maintain the Fairway Drive road shoulder,
and the landscaping within the median of Fairway Drive, from Fairview Lane (also
known as Fairway Lane) to the western terminus of the Shoppes on the Green
property. The parties hereto further agree that this maintenance obligation may be
amended by a separate agreement with the City.
5. Fairway, and its officers, agents, employees, servants, and independent contractors
shall install, maintain, repair, and replace the sign in a proper operating and
reasonably safe condition. The City shall maintain and repair all other portions of
the Property of which the Easement is a part, in a proper and reasonably safe
condition, except that Fairway shall be responsible for maintenance of landscaping
on the Property.
6. Fairway indemnifies the City against, and holds it harmless from, any and all claims,
demands, actions, suits, losses, damages, expenses, judgments (including court
costs and reasonable attorney’s fees at all levels) and claims of liability which arise
of the use and/or occupancy of the Easement and the Property by Fairway.
7. The Easement hereby created, granted, and conveyed includes the creation of all
incidental rights and easements reasonably necessary for the use and enjoyment of
the Easement by Fairway for its intended purposes. The Easement shall be
perpetual and non-exclusive, shall be binding upon the City, and shall run with and
be binding upon the Property. The City may, for its own purposes, utilize the
Property and shall retain a right of free ingress and egress under, over, and upon
the Property; provided, however, that the City shall not grant any easement, lease,
license, nor make any covenants or agreements permitting the use or occupancy of
the Easement or Property, which may in any way interfere with or impede the
Easement or the exercise of the rights granted to the City under this Agreement or
which may violate the terms of this Agreement, except as may be necessary to
serve transportation or public utility purposes.
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8.
9.
IO.
11.
12.
This Agreement shall be governed by, construed under, and interpreted and
enforced in accordance with the laws of the State of Florida with venue for any
litigation concerning this Agreement to be in a court of competent jurisdiction located
in Palm Beach County, Florida. The parties hereby consent and submit to the
exclusive jurisdiction of any such court and agree to accept service of process
outside the State of Florida in any matter to be submitted to any such court pursuant
hereto.
The prevailing party in any action or proceeding in any court to enforce the terms of
this Agreement shall be entitled to receive its reasonable attorney’s fees and other
reasonable costs and expenses from the non-prevailing party.
This Agreement (including the Exhibits) constitutes the entire agreement between
the parties and supersedes all prior written and verbal agreements, representations,
promises, or understandings between the parties. Neither this Agreement nor the
Easement may be terminated and/or otherwise modified except by a writing
executed by the City and Fairway and recorded in the Public Records of Palm
Beach County, Florida.
Upon full execution by the parties, this Easement Agreement and Exhibits A and B,
attached hereto, shall be recorded by Fairway in the Public Records of Palm Beach
County, Florida with Fairway to pay the costs of recording.
If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of the Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable, will not be
affected, and each provision of this Agreement will be valid and enforceable to the
fullest extent permitted by law.
3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
“FA1 RWAY” “CITY”
By: Fairway Shops Joint Venture,
A Texas Joint Venture
By: SEC Commercial Realty Group, Inc.,
Itwanager
\*
By: I b-3-
rald M. Higier, Chairman
STATE OF FLORIDA
By:
Name:
Title:
Address:
COUNTY OF PALM BEACH
The foregoing instrume t w 9 acknowledged
2006, by @45dG(H3 i wz as
Venture.
(AFFIX NOTARY SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
2006, by as of City of Palm Beach
Gardens, Florida.
1
(AFFIX NOTARY SEAL)
Notary Public
Printed Name:
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I e 0 1 PGA PROPERTY OWNERS ASSOCIATION, INC. Shoppes On The Green 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 TELEpH&vember IO, 2005 (561) 627-2800 Mr. Jeff Scott, VP Construction SEC Commercial 1541 Sunset Drive, Suite 300 Coral Gables, FL 33143 FACSIMILE (561) 622-6324 Re: Architectural Review Committee - Shoppes on the Green Signage Revision
Dear Mr. Scott:
Approved as Noted
The PGA Architectural Review Committee, at its meeting of November 3, 2005,
reviewed the above referenced revision as submitted by Urban Design (rev. 8/1/05) and
Signcraft (rev. 7/6/05).
The Committee has approved the request as noted:
0 Sign will be placed in the center median on Fairway Drive between PGA
Blvd and Fairway Drive(between the FDOT directional signal &the
existing Mahogany tree).
The sign lettering (SHOPPES ON THE GREEN) will be an “applied
channel lettering”. Sign will also include the verbiage “at PGA National”
which will be made of X‘ flat cut out aluminum lettering.
0 Sign cabinet will be finished Beige stucco/cap finished Green PMS 350
W/PMS Beige 452 accents. Copy will be finished Green PMS 350.
Sign will measure 6 feet tall (at top of center curve) and 8 ft. 10 inches
wide.
0 Landscape material will be (IO) 12”x12”, 2 gal. Red, Dwarf Crown of
Thorns on the side facing PGA Blvd. and (1 15) 12”x12” 1 gal. Ilex
Volmitoria Stokes Dwarf surrounding the entire base of the sign. All plants
will be installed 15” O.C.
0 SEC is responsible to insure there will be no sight line obstruction.
Note: No lighting plan was submitted. If the sign will be lit (whether internally or
externally) the SEC must submit a lighting plan to the POA ARC for approval.
The PGA Property Owners Association, Architectural Review Committee has reviewed
the request to ensure that all modifications comply with state and local laws including,
but not limited to, all pertinent building codes. CITY OF PALM BCH GDNS
NU\/ 1 ;j 21’05
oAn n 0’ Ma ra, ARC/Com p liance Ad m in is tra tor
On Behalf of the Architectural Review Committee pMNNI& & ZONING DW PGA Property Owners Association, Inc.
Cc: Thomas J. Baird, Esquire
, “. fin “32’57”W BY: G./A TITLE: *o 0’ DATE: //* 3.0s’
COMMENCEMENT
N.F~.COKNE_H OF
XlSTlNQ
LlQHT POLE
I
PROPOSED
SIGNAGE
[ FNRWAY DRIVE
S 43.27’03’’ E 35.36’ /
S 01°32’57’’ W
.,,/ 150.00’
TYPE F CONC.CURE3
I I P
1
P
I
I I
REQLTY 3 15616250610 . ?
. 02.;18/2005 09:52
PGA PROPERTY oms ASSOCLATXON, INC.
Shoppes ~a The Green
7100 Fairway Drive, Suite 29
Palm &a& Gardens, Florida 33418 .. I,
TELEPHONE
(561) 627-2800
February 7,2005
\. .’ . ’
N0.467 0802
FACSIMILE
(561) 6224324
--.-*- vu. “”__ * ---- -- -2-
’ Mr. Fraxlk Colatosfi
SEC Commercial
Shoppes on the Green
7050 W. Palmetto Park Road #5 1
Boca Raton, FL 33433
Re: Architectural Review Committee - Off Site Sipage - Preliminary Approval
Dear Mr. Colatosti:
The PGA Arc~tectural Review Conunittee, at its meethg of February 3.2005, re4ewd the above
referenced request.
The Comrnittee has preliminarily approved the request as noted:
Sign for Fairway Drive medim per attached detail drawing.
Finish to be heavy stucco with colors to match the City of Palm Beach Gardens “Welcome”
Letters to be internally dluminated or, if dace illuminated letters are preferred, they are to
be aluminum pinned on Mters with a green oval background plate. (ARC prefers internally
illuminated sign). Power to be obtained without tie-in to POA’s lighting or power.
Shrubs to be a maximum of 12” tall at base of sign and planted in a double staggered row. A
skip of sod is to main between the shrub bed and edge of cwb.
Please provide a to-scale location evidencing adequate room south of the street light and north
of the Oak tree before final approval can be obtdned.
Sign.
The PGA Architectural Review Committee bas reviewed the request for aesthetic pqoses and
compliance With PGA Property Owners Association community standards. Owners are responsible
to ensure that all modifications ccnnply with state and local laws including, but not limited to, all,
pertinent building codes. If the proposed work is near a Nortbern Palm Beach County Improveme@
District (WBCID) Easement (ie.: near a waterway, canal or lake) the owner &ut contact NFBCD
regarding any permit which may lie required firom them. Owners should also hire only pxoperly
licensed and imwed contractors.
,$doh ~’~ara, mc/CompZiance tJdministrator
On Behalf ofthe Architectural Review Committee
PGA Property Owners Association, Inc.
JOljn
Cc: City of Palm Beach Gardens Building Dqpartnent
ABACOA TRLR PAGE 01 01/05/2000 23: 25
561691587&El?N NO PALM BEACH COUNT DISTRICT
357 HIATT DRIVE, PALM BEACH GARDENS. FLORIDA 33418 56 1-624-7030 FAX 581-624-7839
MEMORANDUM
TO: Jacki Holloman, Planner
City of Palm Beach Gardens
FROM: Kennith R. Roundtree +p
Director of Operations
VIA FAX omw 799-4281
DATE: April 5,2005
RE: MISC-05-07: Shoppes on the Green at PGA National
Monument Sign in Fairway Drive
Unit of Development No. 11
This office is in receipt of your mailing concerning the referenced meeting and project. A review of
the information supplied shows that tbe project is within Northern Unit of Development No. 11
roadway interests; therefore, aNorthern permit will be requhed. A review of our files shows that the
project does not appear to Rave been submitted to this office for review.
At this time we do not plan to attend the referenced meeting. Thank you for your ongoing
cooperative efforts and feel lke to contact this office with any questions you may have.
VISIT OUR WEBSITE AT WWW.NP0CID.ORG
A
RESOLUTION 26,1996
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA,
AMENDING THE SIGNAGE MASTER PLAN FOR THE
PGA NATIONAL RESORT COMMUNITY, A
PLANNED COMMUNITY DISTRICT.
WHEREAS, the Signage Master Plan for the PGA National Resort
Community was originally approved by Resolution 73,1990, and subsequently
amended by Resolution 133,1990;
WHEREAS, the City has received a petition for an amendment to the PGA National
Signage Master Plan; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1 The Signage Master Plan heretofore approved for the PGA National
Community, a Planned Community District, is amended as follows:
1. The color of sign panels for directional shall be changed from signs from flat black to
hunter green.
2. Aluminum sign posts are permitted to be used for directional signs painted hunter
green. Wooden pop must be replaced with durable material.
3. Revise the standard logo for PGA National.
4. Revise the appearance of project directional signs. The revised design permits
rounding the comers of the sign panels. The current plan requires directional sign
panels to be rectangular. The number of sign messages shall not exceed nine (9).
5. The elimination of the individual Sales Center directional signs from the signage plan.
SECTION 2, This Resolution shall be effective upon date of passage.
INTRODUCED, PASSED AND ADOPTE
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK ROVED AS TO FORM AND LEGAL
, SUFFICIENCY.
%OMAS J. BAIRD,H
VOTE: AY NAY ABSENT
7-- MAYOR RUSSO
VICE MAYOR FURTADO --- COUNCILWOMAN MONROE J
COUNCILMAN JABLIN J -7 COUNWDLMAN CLARK --- --
RESOLUTION 133, 1990
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, AMENDING THE
COMPREHENSIVE SIGNAGE PROGRAM FOR THE PGA
NATIONAL RESORT COMMUNITY, A PLANNED
COMMUNITY DISTRICT BY CHANGE OF COLOR OF
CERTAIN SIGNS; AND, PROVIDING FOR THE REPEAL
OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. The Comprehensive Signage Program heretofore
approved for the PGA National Resort Community, a planned
community District is hereby amended as follows:
1. All Sales and Model Centers sign directionals shall
have green background panels instead of black.
2. One (1) "Personnel" sign at the Resort Core PUD
shall have a red background instead of black.
3. The approved Signage Program Booklet is hereby
amended by the three (3) replacement sheets attached hereto as
Composite Exhibit *8Aqf.
Section 2. All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
Section 3. This Resolution shall be effective upon date of
passage.
d INTRODUCED, PASSED AND ADOPTED THIS /f DAY OF OCTOBER, 1990.
v
MAYOR MICHAEL MARTIN0
ATTEST:
RESOLUTION 73, 1990
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING THE
COMPREHENSIVE SIGNAGE PROGRAM FOR PGA NATIONAL
RESORT COMMUNITIES AS PREPARED BY URBAN DESIGN
STUDIO DATED APRIL 1990, A COPY ATTACHED HERETO
AS EXHIBIT "A"; PROVIDING FOR THE REPEAL OF
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. The City Council hereby approves the
Comprehensive Signage Program for PGA National Resort Comnunities as
prepared by Urban Design Studio dated April 1990, a copy of which is
attached hereto as Exhibit "A".
Section 2. All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
Section 3. This Resolution shall become effect
date of passage.
77; INTRODUCED, PASSED, AND ADOPTED THIS THE /y DAY OF MAY,
ve upon
990
1
7-
ATTEST:
APPROVED ASITO LEGAL FORM AND
SUFFICIENCY
PGANahod
Comprensive
Signage Program
April 1990
PGA National
CONTENTS
GENERAL SPECIFICATIONS
LOGO STANDARD
SIGN DETAILS
Project Directional
Project Directional Details
Construction Details
Project Marketing ID and Future Site Use ID (Preferred)
Project Marketing ID and Future Site Use ID (Option)
Commercial Marketing ID and Future Site Use ID
Commercial Project Job Sign
Temporary Builder and Lot Available Sign
Street Name
Regulatory
Model Home - Directional (Preferred)
Model Home - Directional (Optional)
Sales Center
Information Notices
Temporary Special Events Sign
PAGE
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
dm:dick
G EN E R AL S PEC IF I CAT1 0 N S :
COLORS:
Panels - Black (flat)
Posts - Dk. grey (glossy)
Posts - Street name - black (satin finish)
Lettering - White (or 3M reflective for night applications)
Panel Bordersnrim and Sign Back - Light grey (glossy)
Post Reveal - Fire red (glossy)
LETTERING STYLES:
Palatino (for main messages)
abcdefghij klmnopqrstuvw xyzax~0
ABCDEFCHlJKLMNOPQRSTUVWXYZACE0
'I 2 3 45 6789 0 8%€& $ ~($G'G;?!)
Clarendon Bold (optional for main messages)
abedefghijklmnopqrstuvwxyzaeoea,
ABCDEFGHI JKLMNOPQRSTUVWXYZEKEX3 - -~
I 2 3 4 5 6 78 9 013 !3 % E & $ Q: +( fi X:G%-,? ! 1
Helvetica Medium, Italic, or Bold
abcdefghijklmnopqrstuvwxyz~~~
ABCDEFGHI JKLMNOPQRSTUV WXYZECEB
1234567890&%~B$~+(~:^;~:,:~?!I
Franklin Gothic Extra Condensed (street name signs only)
abcdefghijklmnopqrstuvwxyzazcee
ABCDEFGHlJKLMNOPQRSTUVWXYZR[EB
1 234 5 6789 O&%E [3 8 $ C+ (;
POSTS: 4"x4" or 4"x6". Treated wood posts - painted
POSTS - STREET NAME: 2 3/16 dia. aluminum painted flat black
POSTS - - REGULATORY 4"x4" or 3"x3" aluminum - Dainted black PGANatiord
2
GENERAL SPECIFICATIONS CONT.
PANELS: Sandblasted & painted wood
DIMENSIONS: Vanes (see "Sign Details")
REGULATORY: All sign panels to be in compliance with
D.O.T. standards
LOGO: To be centered at
FLAGS: Builders will be permitted to display only one
white and green Property Owners Association (POA) apprived
flag per single family home and one flag per multi-family
development to signify model locations. Flags are to be
removed on a daily basis when models are closed.
of "Temporary ID" sign panel (3' x 5')
(see "Logo - Standard" for color specifications ) .-
..r
BANNERS: None permitted
TEMPORARY SIGNS - REMOVAL: All temporary project marketing and directional signs
shall be removed within 2 years of the issuance of the final certificate of occupancy.
Other temporary sales signs shall be removed within 30 days of project sell out.
TEMPORARY SPECIAL EVENT SIGNS - LOCATION: Signs shall not be located outside
of the PGA National gatehouses or information booths.
TEMPORARY SPECIAL EVENT SIGNS - TIME FRAME: Not to exceed 30 days prior to or
7 days after special event.
I
PERMANENT SIGNS: Include Street Name, Regulatory and Information Notices. All
other signs in booklet are considered temporary.
3
LOGO - STANDARD
BLACK (OR WHITE IF
/ON BLACK BACKGROUND)
PMS 298
PMS 354
(LIGHT BLUE)
(GREEN)
PGANational
\ "PA LATIN 0" LETT ERIN G
4
PROJECT DIRECTIONAL
I.
I.
1-
I
NOTES :
* MAXIMUM OF 7 MESSAGES PER SIGN FACE
* SANDBLASTED WOOD SIGN FACE
IF ONLY SINGLE-SIDED SIGN, BACK OF SIGN TO BE PAINTED GRAY TO MATCH POSTS
a "SALES CENTER" USUALLY TOP MESSAGE OF EACH SIGN
PGA NATIONAL
5
PROJECT DIRECTIONAL - DETAILS
SIDE VI
p.' 7." ,----- c
u's "' -c
I
c
c
-
5 -
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
I
1
1
3.
1
3
N FRONT VIEW
SOURCE: CREATIVE WORKS
_.
pGANa&onal
6
CONSTRUCTION DETAIL
CAP DETAILS (WITH TWO-POST SIGN)
1, I l=zLJ
CAP DETAIL (WITH ONE-POST SIGN)
ARROW DETAIL
SOURCE : CREATIVE WORKS
PGANationi
PROJECT MARKETING ID - PREFERRED
and FUTURE SITE USE ID - PREFERRED
"V" SIGN (TWO SIGN FACES)
PGANatiod
8
PROJECT MARKETING ID - OPTION
and FUTURE SITE USE ID
I / 60" I
/
0
4
f'
"V" SIGN (TWO SIGN FACES)
PGANatiod
9
COMMERCIAL MARKETING ID
and FUTURE SITE USE ID
SEENOTES 4
NOTES SIGN DIMENSIONS SHALL COMPLY WITH PALM BEACH GARDENS SIGN CODE.
1 NOT FOR RESIDENTIAL APPLICATIONS
8 SIGN MAY ALSO BE HORIZONTAL ORIENTATION
fi POSTS 4x4's PAINTED BLACK
10
COMMERCIAL PROJECT JOB SIGN
GREAT WESTERN.
(IltoWOrk8 Archltootm [don 787 - 0600 .
Ddo Conmt. Corp. .
FACE GLOSS BLACK
BORDER: GREY
LE JTERING: Wl ?E
PGA LOGO: WHITE W/ BLUE INFILL
LOGO: WITE W/BLACK LETTERS
SIGN BACK & POSTS: BLACK
.. NOE. SUBMIT
ARWORK OF ACTUAL
SIGN JO A.R.C. FOR
APPROVAL PRIOR TO
FABRICA 77ON
PROJECT NAME TYPE SmE OF COMPANY I I CAMERAL READY
II
I 1 I
II
ARCHIECT &
CON RACTOR: HEL VEUCA MEDIUM
I I
SCALE 1/21! - 1'-014
PGANational
TEMPORARY BUILDER SIGN^
and LOT AVAILABLE SIGN
NOTES: - POSTS: 4x4 WOOD (PAINTED BLACK)
PGANational
12
NOTES:
.TWO SIGN BLADES PER SIGN
* SIGN BLADE LENGTH TO, VARY DEPENDENT ON AMOUNT OF COPY
BLACK ALUNMINUM SIGN BLADES
* LETTERS - 4" REFLECTIVE VINYL
STREET NAME
PGANationd
13
REGULATORY
NOTES:
POSTS
4x4 ALUMINUM PAINTED FLAT BLACK (STOP SIGNS)
3x3 ALUMINUM PAINTED FLAT BLACK (OTHER REGULATORY)
a PANELS: CUT ALUMINUM SHEETS
SIGN FACE TO COMPLY WITH DOT STANDARDS
BACK OF SIGNS PAINTED FLAT BLACK
PGANational
NOTES
POSTS:
4x4 WOOD (SINGLE-POST SIGNS)
6x4 WOOD (DOUBLE-POST SIGNS)
MODEL HOME - DIRECTIONAL
t
PGANatiord
15
NOTES:
*POSTS : 2x4 WOOD
MODEL HOME DIRECTIONAL - OPTION
PGANabonal
16
NOTES:
POSTS: 4x4 WOOD
PGANational
17
:I
,
INFORMATION AND NOTICES
NOTES:
SIGNS DIMENSIONS TO VARY DEPENDING ON MESSAGE AND LOCATION
SIGN HEIGHT GENERALLY NOT TO EXCEED 48
PGANatlOnal
18
I.
id
<,
I.
TEMPORARY SPECIAL EVENTS SIGN
POSTS: 4x4 WOOD PAINTED WHITE
PANELS: WHITE (TYPICAL AND MAX. SIZE 4'X 8'
LETTERING: VARIES (BOTH COLORS AND LETTERING)
PGANational
19
c
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Ordinance 9,2006
Resolution 19,2006
Subject / Agenda Item: Ordinance 9,2006 & Resolution l9,2006/Petition PCDA-05-11-
000001 : NorthCorp Planned Community Development (PCD) Amendment
Public Hearing and First Reading: A request by Cotleur & Hearing, Inc., agent for RCA
Drainage Association, for the approval of an amendment to the development order of the
NorthCorp Planned Community Development (PCD) to allow the modification of certain
conditions of approval of Ordinance 1, 1990 to be consistent with the Traffic Performance
Standards of Palm Beach County, and request additional entitlements based on the vested and
approved trips for the entire PCD. The NorthCorp PCD is 103 acres and is generally located
north of Bums Road, south of PGA Blvd., east of Interstate 95 and west of Alternate A1 A.
[XI Recommendation to APPROVE with one condition
] Recommendation to
Reviewed by:
Planning Manager
Tala1 M. Benothman
City Attorney
Christine Tatum
Finance Administrator
Allan Owens
Development Compliance
Economic Development
Director
Dolores Key36
City Engineer
Daniel P. Clark-
Approved By:
IENY
Originating Dept.:
Growth Management:
Project Manager
Joyce C. Cai
[ 3 Legislative
[ ] Public Hearing
Advertised:
[ ] Required
[ XI Not Required
Affected Parties:
motified .
[XI Not Required
FINANCE:
costs: $
Total
s-
Current FY
Funding Source:
[ ] Operating
[XI Otherx
Budget Acct.#:
N/A
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ 3 Denied
[ ] Rec. approval
[ 3 Rec. app. w/ conds.
[ ] Rec. Denial
[ 3 Continued to:
Attachments:
Ordinance 1, 1990
0 Ordinance 9,2006
0 Resolution 19,2006
Letter fiom Palm
Beach County Traffic
Division dated
12/19/05
0 Table 1
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Ordinance 9,2006 / Resolution 19,2006
EXECUTIVE SUMMARY
The proposed development order amendment for the NorthCorp Planned Community
Development (PCD) is to modify certain conditions of approval of Ordinance 1, 1990 to be
consistent with the current Traffic Performance Standards Ordinance of Palm Beach County and
to obtain additional entitlements based on vested and approved trips for the entire PCD.
TARGETED EXPEDITED PERMITTING PROGRAM
As determined by the City Council, a new Section 78-57 of the Code of Ordinances was created
entitled “Targeted Expedited Permitted Program” in accordance with Policy 13.1.1.6 of the
Comprehensive Plan. Policy 13.1.1.6 states, in part, that “the City shall maintain and develop
programs to encourage and facilitate the expansion and relocation of target industries in the City
including but not limited to: Implement a targeted expedited permitting program for companies
that are expanding operations or moving into the city so that value-added employment may be
created at a faster pace.. .”
Section 78-57 entitled “Targeted Expedited Permitted Program” was created to provide a legal
basis to prioritize economic development projects in the land development review process
without compromising the integrity of the City’s Comprehensive Plan or Land Development
Regulations.
This petition and its companion petition SPLN-05-11-000003 (Anspach Site Plan Amendment)
have qualified for the Targeted Expedited Permitting Program as an economic development
project, and have been accelerated through the review process pursuant to Ordinance 1,2006.
BACKGROUND
The NorthCorp Planned Community Development (PCD) is 103 acres in size and is located
north of Burns Road, south of PGA Blvd., east of Interstate 95 and west of Alternate A1 A. It was
originally approved on January 18, 1990, with the adoption of Ordinance 1, 1990, which united
all lands comprising the plats of NorthCorp Center, RCA Blvd. Center, West Park Center and
South Park Center (the entire lands comprising the former RCA site) into one (1) development
order. The original ordinance also provided for an approval mechanism for future petitions
within the PCD, assigned site-specific restrictions to certain lots, established maximum trip
generations for the development, and established time-certain conditions of approval for certain
road and drainage improvements.
The NorthCorp Center, originally built in 1960, consists of 373,000 square feet of various uses
such as office, industrial, school, bank, health club, etc.
The six-acre RCA Blvd. Center consists of two (2) lots - RCA #1 (2.74 acres) and RCA #2 (2.94
acres). The 73,480 square feet/ll6 room Hampton Inn and 30,000 square feet Hilda Flack
Interior are currently located on Lot #1 and Lot #2, respectively.
The 49.40-acre South Park Center consists of thirteen lots (Lot 1 through Lot 13) and one water
2
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Ordinance 9,2006 / Resolution 19,2006
management tract. Currently, each lot has been developed with either office, light industrial or
warehouse use, except for Lots 1, 5 and 12. Lots 5 and 12 are currently vacant, but have been
approved for office buildings. Lot 1, which is the companion petition, is proposed to be
developed for office and light industrial uses.
The 17.64-acre West Park Center consists of two (2) lots and one water management tract. Lot 1
(7.69 acres) was developed with 121,229 square feet of office use (Wackenhut). Lot 2 (3.98
acres) was also developed with an existing 49,155 square feet of light industrial use (Anspach).
The 1.98-acre water management tract is located between Lots 1 and 2.
LAND-USE AND ZONING
The future land-use designation of the subject site as reflected on the City’s Future Land Use
Map is Industrial (I). The zoning classification of the site is a Planned Community District
(PCD) Overlay with an underlying zoning of Research and Light Industrial Park (Ml).
The existing land uses and zoning designations of properties surrounding the subject PCD are
provided in the following table:
ZONING CLASS IF I CATION SI LAN D-USE DES I G NATlO NS
EXISTING USE I ZONING I LAND USE
Subiect Prouertv
NorthCorp PCD
Research and Light Industrial Park (MI)/
Planned Community Development District (PCD) Industrial (I)
North
Gardension East
Gardens Station West
Mariott Hotel
Mixed Use District (MXD)
General Commercial District (CGI)
Mixed Use Development (MXD)
Commercial (C)
South
Bumsoad
Professional and Office building
Warehouse buildings
Office building
Municipal building
Professional and Office District (PO)
Light Industrial District (MIA)
Public and Institutional (Pil)
ProfessionaliOffice (PO)
Industrial (I)
Public/Institutional (P)
East
Catalina Lakes
~1x1 A
Residential Medium Density District (RM)
Residential Medium (RM)
West
Interstate 95
Admiralty I1 (Radisson Hotel)
Union Square
Gardens Park
PBG Business Park
General Commercial District (CG 1)
Residential High Density District (RH)
Public and Institutional District (Pa)
Research and Light Industrial Park District (Ml)
Comniercial (C)
Residential High (RH)
Recreationlopen Space (ROS)
Industrial (I)
3
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Ordinance 9,2006 / Resolution 19,2006
PROPOSED AMENDMENT
The applicant is requesting to amend the development order for the NorthCorp PCD to allow the
modification of certain conditions of approval of Ordinance 1, 1990, which will be transferred to
Resolution 19,2006, to be consistent with the Traffic Performance Standards Ordinance of Palm
Beach County, and obtain additional entitlements based on the vested and approved trips for the
whole PCD.
The purpose of the amendment is to relate the traffic concurrency for the PCD to AM and PM
peak-hour trips rather than to average daily trips, which the County no longer uses in its review
of projects requesting traffic concurrency from the County. At the same time, the applicant has
conducted a land use inventory documenting each use and the square footage of each use built
within the PCD. Based on this inventory, the applicant has demonstrated that the square footage
of uses with fewer trip generation rates is greater than the square footage of uses with greater trip
generation rates. Thus, yielding greater entitlements, but still within the mandated traffic
thresholds established in the development order.
To establish consistency with the current Traffic Performance Standards Ordinance, a text
change is being proposed to Condition # 22.1 of Ordinance 1, 1990, as noted below.
Condition #22.I to be amended as follows;
“Plats of West Park Center and Plats of South Park Center
1. The maximum trip generation for new construction approved in the Plat of West
Park Center together with the development approved in the Plat of RCA
Boulevard Center and in the Plat of South Park Center, shall not exceed &E e nine hundred seventy-seven (977) AM
peak hour, or nine hundred sixty-two (962) PM peak hour trips (“-
Tqx$ “Maximum AM Peak Hour Trips” and “Maximum PM Peak Hour Trips”,
respectively).
2. Any applicant appearing before the Planning, Zoning and Appeals Board and the
City Council shall provide a calculation of the dadyaid peak hour trips
associated with the proposed project. A calculation of the dai-lym~and PM peak
hour trips shall be undertaken utilizing the latest edition of the Institute of
Transportation Engineers (ITE) ‘Trip Generation’, as required by
the County Traffic Performance Standards.”
..
The proposed amendment will continue to allow an entitlement of 96,441 square feet of
additional office and light industrial development from the existing and approved uses for the
overall PCD without exceeding the maximum PM peak hour trips specified in the condition #
22.1 of the Ordinance 1, 1990.
As stated in the applicant’s trip generation analysis, since the time of the approval of Ordinance
1, 1990, the Palm Beach County Traffic Performance Standards Ordinance has been amended to
4
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Ordinance 9,2006 / Resolution 19,2006
require that any amendments to previously approved projects, such as NorthCorp PCD, consider
only whether the peak hour trips associated with the proposed amendment are equivalent to or
less than the trips from the previous approvals. Ordinance 1, 1990 establishes the number of
daily and PM peak hour trips that have been vested for the property.
The applicant’s trip generation analysis has been reviewed and approved by both the Palm Beach
County Traffic Division and the City Engineer, and has been determined to be consistent with
Ordinance 1 , 1990 and the County’s Traffic Performance Standards Ordinance.
PLANNING, ZONING AND APPEALS BOARD RECOMMENDATION
At its January 24, 2006 meeting, the Planning, Zoning and Appeals Board held a public hearing
to review the subject petition. The Board voted 7-0 to recommend approval of the subject
petition to the City Council with staffs recommendation and the proposed condition.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 9, 2006 and Resolution 19, 2006 with the
conditions provided therein.
5
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Ordinance 9, 2006 / Resolution 19,2006
TABLE 1
The NorthCorp PCD was approved with the following summary:
Office
Industrial
Hotel
Design Center
Warehouse
Self Storage
Proposed Expansion
(square feet)
63,775
32,666
none
none
none
none
Existing and Approved Uses
(square feet)
380,193
1293 1 1.
1 16-room
15,000
50,000
80,600
Total
(square feet)
443,968
162,177
1 16-room
15,000
50,000
80,600
The afore-mentioned traffic concurrency approval allows an entitlement of 63,775 square feet of office use and
32,666 square feet of light industrial use with a total of 96,441 square feet for the proposed PCD developments
without exceeding the 962 PM peak hour trip threshold. Consequently, the applicant has allocated 57 PM peak hour
trips/16,275 square feet of office use and 32,666 square feet of light industrial use to Lot 1 of South Park Center
(companion petition) and reserved 62 trips/40,800 square feet of office use for Lot 9 with 73 trips/ 47,500 square
feet of office use remaining for any hture development within NorthCorp PCD.
PM Peak Hour Trim Equivalent to Building
Square Feet
Reserved for Lot 1 of S. Center Park
(Anspach- Total: 48,941 Square Feet)
25
32
16,275 - Office
32,666 - Light Industrial
48,941
Available: 73 47,500 - Office
SUBTOTAL: 130 96,441
(Office: 63,775 square feet
Industrial: 32,666 square feet)
Used 770 116-room - Hotel
15,000 - Design Center
50,000 - Warehouse
380,193 - Office
129,511 - Industrial
80,000 - Self Storage
Reserved for lot 9 of S. Center Park 62 40,800 - Office
TOTAL: 962 116-room - Hotel
15,000 - Design Center
50,000 - Warehouse
443,968 - Office
162,177 - Industrial
80,000 - Self Storage
6
J lu
January 18, 1990
ORDINANCE 1, 1990
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, AMENDING THE CURRENT ZONING FROM M-I,
RESEARCH AND LIGHT INDUSTRIAL TO PCD AND PUD ZONING
WITH UNDERLYING ZONING OF M-1, ON ALL LANDS
COMPRISING THE PLATS OF NORTHCORP CENTER, RCA
BOULEVARD CENTER, WEST PARK CENTER AN0 SOUTH PARK
CENTER (THE ENTIRE LANDS COMPRISING THE FORMER
RCA SITE) ; AND, PROVIDING THAT SUBSEQUENT APPROVALS
SHALL BE BY RESOLUTION WITHOUT NEWSPAPER PUBLICATION
OF NOTICE BEING REQUIRED: AND, PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH: AND, PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Sectton 1. The Zontng upon the lands known as "The Former
RCA Stten located wtthtn the Ctty of Palm Beach Gardens, Florida, and
more particularly descrtbed in Exhtbtt "A" attached hereto and made a
part hereof Is hereby amended from M-1, Research and Light Industrtal
Park District, to PCD. The underlytng zontng shall be and the same Is
hereby designated as that set forth in the W-1, Research and Light
Industrtal Park District, Ctty of Palm Beach Gardens Zoning Code.
Sectton 2. Attached hereto as Compostte Exhibit and
made a part hereof are plats prepared by Hutcheon Engtneers as
follows: Plat of NorthCorp Center, Plat of RCA Boulevard Center: Plat
of West Park Center and Plat of South Park Center.
The PCD consisting of the aforesaid descrtbed plats (Former
RCA Stte) heretofore approved by the City, shall be developed in
accordance with the said plats, the Development Orders and Condttions
of approval entered and approved by the City on January 18, 1990.
Further, each lot within the foregoing plats Is hereby deslgnated as a
Planned Unit Development and the tndtvtduals Planned Unlt Developments
are hereby created.
Section 3. Impact fees shall be paid by the developers of
the individual Planned Unit Developments as set forth in any appli-'
cable ordinance, law rule or rcgulatlon of any governmental body with
jurtsdtctton over the property development.
Section 4. Development of the individual Planned Unit
Devlopments within the Planned Comnunity District shall proceed in
accordance with the said Development Orders and Conditions of Approval
of January 18, 1990 attached to the Plat of West Park Center and the
Plat of South Park Center; and the general conditions as hereinafter
setforth:
1. Maximum floor area ratio (FAR) on the overall PCD project
shall not exceed 38%.
2. Minimum front yard setback for all buildings shall be:
A. 25' for a one (1) or two (2) story, or 25' high struc-
ture.
B. An additional one (1) foot setback for each three (3)
additional feet of building height above 25'.
3. Height restrictions:
Lots 4 & 13 (South Park Center) 6 stories
Lots 1 & 2 (RCA Blvd. Center) 8 stories
Northcorp Center Site & Lots
5, 6, 7, 8, 9, 10, 11 10 stories
Lot 1
Lots 1, 2, 3 (South Park Center 12 stories
(South Park Center)
(West Park Center) &
Lot 12 (South Park Center) no development
permitted
unless site is
compatable to
use of parcels
8,9, and 10, as
approved by the
City Council.
4. Minimum Open Space* requirements:
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Open Space
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28.5%
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31.25%
32.50%
33.755:
35.0%
ce Is defined as iv landscaped plazas, as deterrr ng P ned ant material , wa
y the City Counc
er, an
1.
5. A. Antennas and microwave dishes shall be subjected to specific
PUO review for screening.
B. All roof-mounted equipment shall be totally screened.
6. The uses as outlined in Condition 21 shall be limited to 5% of
the total approved square footage for the PCD and at any time
during the development, no more than 10% shall be allowed.
7. No retail or comnerclal on the first 250' north of Burns Road.
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8. A 30-foot wide landscape buffer along Burns Road with a berm
average three feet in height and planting.
9. Lot coverage (structures) shall not exceed 40% of the site area
for a two (2) story building and shall be decreased by 2.5% for each additional floor of height above two stories (Example:
10 stories; 50 - 8 (2.5) = 20%).
Alternate A-1-A, shall be constructed or bonded by the property
owner prior to final plat approval.
11. Traffic impact fees must be paid in accordance with the Palm
Beach County Traffic Impact Ordinance.
12. City Council, in conjunction with the Developer(s), shall
determine comnunity facilities impact fees and the timing of
payment for:
A. Recreation
6. Police
C. fire
Proparty owner prior to the first building permit being issued
within the PCD, shall pay $75,000 for comnunity impact, which amount
shall be credited against any future pollce and fire impact fees
assessed against any development within the PCD.
13. The Property Owner or successors must comply with the DER
consent order.
14. Building floors will be protected from the 100 year - 3 day,
zero discharge storm event. Roadways will be protected from
the 10 year - 1 day storm event. Parklng lots will be pro-
tected from the 3 year - 1 day storm event.
appllcant will provide the size and location of the culverts
along Burns Road and 1-95, and provide for any off-site
drainage.
16. The stomater run-off from RCA Boulevard will need to be
directed into the on-site stormwater management system in
the final design.
17. The off-site drainage ditches that serve the project will need
to be cleaned of debris, vegetation, and backfill prior to
issuance of the first building permit, on any parcel except the Northcorp Center site.
18. The existing corrugated aluminum weir (riser) will need to be
replaced prior to issuance of the first building permit, on any parcel except the Northcorp Center site.
19. The littoral planting shall be installed along the water
retention area on the west side of the project if required
by S.F.W.M.D.
tinuity along all R.O.W. A streetrcape/buffer plan for this
PCD shall be presented to the City Council for approval by
subsequent resolutlon prior to the issuance of approval of the first PUD.
10. A 7' pathway (eastlwest) along Burns Road, from 1-95 to
15. Prior to the final surface water management calculations,
20. The Property Owner will continue a uniform streetscape con-
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21. The following are uses allowed with the submission of each PUD,
in addition to industrial and office and other M-1 uses:
(Please see Condition 6 for clarity)
1. Retail:
Wearing Apparel
Toys Sundries
Jewelry
Came ra / P ho t os
Florist
Gift Shop
Delicatessen
Bakery
Office Equipment
Food and Drug Sales (each food or drug store shall be limited to a maximum of 5,000 sq. ft.)
2. Service Establishments:
Barber/Beauty Shop
Shoe Repair
Laundry/Dry C1 eaner
Print Shop
Travel AGency
Employment Office
Restaurant
Health Club
3. Hotel/Motel - One allowed in the project, limited to a
a maximum of 120 guest rooms or suites or combination of
rooms and suites.
4. Art Gallary, Museum, Dance, Art or Music Studio.
5. Retail sale of beer and wine if in conjunction with
restaurant or convenience store.
6. Day Care Center.
7. Bar/Liquor Store, when approved by Resolution of the
City Counci 1.
8. Laundromat
9. Car Wash
10. Fraternal Organization
11. Comnercial Recreation including ancillary driving ranges.
22, Kahart Pinder's conditions from his letter dated 1-8-90, and
recomnendatlon 1-18-90, as follows:
I. Plats of West Park Center and Plats of South Park Center
1. The maximum trip generation for new construction
approved in the Plat of West Park Center together with
the development approved in the Plat of RCA Boulevard
Center and in the Plat of South Park Center, shall not exceed six thousand sixty-three (6,063) dally trips,
or nine hundred sixty-two (962) PM peak hour trips
( "Maximum Daily Trips" and llMaximum PM Peak Hour Trips",
respectively).
2. Any applicant appearing before the Planning and Zoning
Comnlssion and the City Council shall provide a calculation of the daily and peak hour trips associated
with the proposed project. A calculation of the daily
and PM peak hour trips shall be undertaken utllizing the
Institute of Transportation Engineers' (ITE) "Trip
Generati on", Fourth Edition.
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11. Plat of West Park Center
prior to the issuance of any building Permit for any
building for any land use in Lot 1, Plat of West Park
Center, the construction contract shall have been let for the following road improvement and open to the public
prior to the issuance of any certificates of occupancy on
said Lot 1:
(a) Addition of one (1) eastbound, left-turn lane to provlde dual left-turn lanes at the intersection of
RCA Boulevard and Alternate A-1-A.
111. Plat of South Park Center
Prior to the issuance of building permits and/or cer-
tificates of occupancy for any building on certaln lots
within the Plat of South Park Center as more fully detalled
below, certain road improvements shall be under Contract
and/or complete and open to the public as follows:
(a) Prior to the issuance of any building permits for any land uses on Lots 1, 2, 3, 4, 5, 6 or 7, the Contract
let for constructlon of West Park Drlve as a two lane
as well as single northbound, southbound, eastbound
and westbound left-turn lanes at the intersection of
Burns Road with Rlverside DrivelWest Park Drlve.
(b) Prior to the issuance of any building permits for any land uses on Lots 7, 8, or 9, the Contract let for
construction of the extension of NorthCorp Parkway
in a two lane section easterly to its proposed
terminus at East Park Drlve. These improvements shall
be complete and open to the public prior to the
issuance of any certificates of occupancy for land
uses on the foregoing Lots 7, 8, and 9.
(c) Prior to the issuance of any building permits for any land uses on Lots 4, 5, 8, 9, 10, 11, 12, or 13, the
Contract let for construction of East Park Drive In
a two lane section including one additional westbound
right-turn lane as well as single eastbound and
southbound left-turn lanes at the intersection of
Burns Road and East Park Drive. These improvements
shall be complete and open to the publtc prior to
Issuance of any certificates of occupancy for land
uses on the foregoing Lots 4, 5, 8, 9, 10, 11, 12, or
13.
(d) Prior to the issuance of any buildlng permits or series of building permits for any land uses
generating more than three thousand, five hundred
sixty-nine (3,569) daily trlps or five hundred sixty-slx (566) PM peak hour trips for any uses on
the presently undeveloped lots in the Plat of RCA
Boulevard Center, the Plat of West Park Center and
the Plat of South Park Center: Contract let for
construction of one eastbound right-turn lane at
the intersectton of Burns Road and Alternate A-1-A,
together with an extension of the storage lane for
the single left-turn lane, and one westbound right-
turn lane at the intersectlon of Burns Road and
Military Trail. These improvements shall be complete
and open to the public prior to Issuance of any
certificates of occupancy for any land uses generating more than three thousand five hundred
sixty-nine (3,569) daily trips or flve hundred sixty-
six (566) PM peak hour trips from the undeveloped
lots in the above referenced plats.
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(e) Prior to the issuance of any building Permits for any undeveloped lots in the Plat of South Park Center, the
contract shall be let for installation of a traffic
signal at the Burns Road and Riverside Drlve/West
Park Drive intersection includlng a1 1 approprlate
pavement markings, signing, lighting and the like as
approved by Palm Beach County, If warranted.
IV. All parcels wlthin the Plat of South Park Center, shall
provide a signal warrant study to determine if signal iza-
tion Is required at the intersection of Burns Road with Riverslde Drive/West Park Drive. The signal warrant study
shall be based on a tlme frame coincident with the build-
out of all development with the Plat of South Park Center,
the Plat of West Park Center and the Plat of RCA Boulevard
Center and shall include the total trafflc generated by a1
previously approved projects In the Plat of RCA Boulevard
Center, the Plat of West Park Center and the Plat of South
Park Center as well as traffic generated by those approved
projects included in the trafflc study for these plats.
Only the construction of the eastbound right-turn lanes at
the Burns Road/Al ternate A-1-A Intersectlon and the west-
bound right-turn lane at the Burns Road/Military Trail
Intersection shall be considered off-site improvements.
All other improvements are site related.
Additional Right of Way Dedication
In addltion to the right-of-way dedicated on the PLAT of SOUTH
PARK CENTER, the Developer, prior to plat recordation, shall
dedicate such additlonal right-of-way as may be required for the
reconstruction of the intersection of Burns Road with Alternate
A-1-A generally described as a maximum of an additional 35 feet beginning at the intersection for a distance of 400 feet west
of the intersection with a taper to 0 feet at a point approxima-
tely 830 feet west of the intersection. Provided, however, once plans are approved for the intersection, should any right-
of-way which Is conveyed not be required for constructlon of the
lntersectlon, any excess land shall be imnediately reconveyed
to the property owner or his successors and assigns.
23. Prior to the submittal of each PUD application the Petitloner
or agent will meet on site with the City Forester to review the
site conditions which the City forester wishes to be addressed
in the site plan.
24. Site Plan ReviewIPUD - No land cleartng or tree removal be
allowed without written approval of the City Forester. In addition, pursuant to the PCD Plan, the owners of the properties
may designate and develop areas not subject to PUD review and
approval, only upon field inspection and written approval of the
City Forester. As part of the applicatlon for each PUD approval, the following shall be submitted:
(a) Tree survey and tree analysls prepared by a registered landscape architect or similarly quallfled professional,
which for trees with a caliber of three inches or more
describes type of tree, location, caliber, and whether it will be removed, replaced, or relocated.
(b) All existing Oak trees with a caliber of eight inches or greater will be preserved and protected durlng construction.
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25. The Property Owner agrees and is obligated to include or cause
to be included the property ("Property") in any unit of develop-
ment, special district, comnunity development district or local
unit of special purpose government created by a duly constituted
governmental enti ty ("Specla1 Districtll) for the purpose of
pl ann1 ng , e5 tab1 i shi ng , acqui ring , constructing , recons tructi ng ,
enlarging, extending, equipping, operating, or maintaining Water
management or roads and associated facilities, benefiting the
Property and all or part of the Clty of Palm Beach Gardens,
Florida; provided, however, that a1 1 assessments for such
facilities shall be imposed on a uniform basis applied pro-rata
to all property benefited by the Special District (i.e., acre by
acre or resldence by residence) and shall be determined in
accordance with the applicable laws, ordinances, rules and regu-
lations of the State of Florida, County of Palm Beach and the
City of Palm Beach Gardens. Provided further, that upon
creation of any Special District it must be demonstrated by
the Special District that dlrect benefit is accrued to the
Property and the direct benefit to the Property as determined
by the Clrcuit Court of Palm Beach County, Florida, and any
costs incurred by the Property by reason of other sections of
this requirements shall be credited to the Property by such
Special District. The owners of the Property shall be given not
less than 120 days prior written notice before formation of any
Special District and shall be entitled to partlcipate in all proceedings relating to the Special District Including the rlght
to appeal any determination of benefit to the Property.
26, Prior to recording a Final Plat, 50% of the Cost of construction of an at grade pedestrian crossing and signalization at the
COm'IIUnity Center on Burns Road, must be paid to the City.
27, A Helipad shall be a permitted use in this PCD.
Section 5. Review of subsequent developments on the individual
PUDs shall be by the City's Planning and Zoning Comnission and by the
City Council, and approval shall be by Resolution. A Public Hearing and
publication of notice in a newspaper of general circulation for the
meetings on subsequent Resolutions shall not be required.
Section 6. If any part or portion of this Ordinance shall be
found to be invalid by a Court of competent jurisdiction, the remainder
of the Ordinance shall remain in full force and legal effect.
Section 7. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section 8. This Ordinance shall be effective upon date of
passage.
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Date Prepared: January 25,2006
ORDINANCE 9,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING ORDINANCE 1, 1990
RELATING TO THE NORTHCORP PLANNED COMMUNITY
DEVELOPMENT (PCD) AND PLANNED UNIT DEVELOPMENT
(PUD); TRANSFERRING THE CONDITIONS OF APPROVAL OF
THE NORTHCORP PCD AND PUD TO RESOLUTION 19,2006; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 18, 1990, the City Council adopted Ordinance
thereby approving rezoning from M-I, Research and Light Industrial, to
Community Development (PCD) and Planned Unit Development (PUD)
underlying zoning of M-I and the master development plan for said PCD; and
1, 1990,
Planned
with an
WHEREAS, the City has received a request from Cotleur and Hearing, Inc.,
agent for RCA Drainage Association (the “Applicant”), to amend the development order
of the NorthCorp Planned Community Development (PCD) modifying and adding certain
conditions of approval of Ordinance 1, 1990 to be consistent with the Traffic
Performance Standards Ordinance of Palm Beach County; and
WHEREAS, the Growth Management Department has reviewed the application
and has determined that it is more appropriate that the conditions related to the
NorthCorp PCD be transferred to Resolution 19, 2006 and that the conditions be
modified therein; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: January 25,2006
Ordinance 9, 2006
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SECTION 2. Section 1 of Ordinance 1, 1990 is amended to read: The zoning
upon the following described property known as the NorthCorp development is hereby
designated Planned Community Development (PCD). T!x Z-
“Thm C-r PPA U“ I I,” I I m8Wtt
DrnThe underlying zoning shall be and the same is hereby designated as that set
forth in the M-I, Research and Light Industrial Park District, City of Palm Beach
GardensAwg-&& Land Development Regulations.
LEGAL DESCRl PTI ON :
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.
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Date Prepared: January 25,2006
Ordinance 9, 2006
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Date Prepared: January 25,2006
Ordinance 9, 2006
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Date Prepared: January 25,2006
Ordinance 9. 2006
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SECTION 3. Section 2 of Ordinance 1, 1990 is amended to read: The above-
described property known as the NorthCorp development is hereby desiqnated Planned
Unit Development (PUD).-- Ccmpwte ExM .. UR2”
Th2 PCE cw 3f .. (!=cm0r !?p-
SECTION 4. Sections 3 through 4, inclusive, of Ordinance 1, 1990, are hereby
transferred to Resolution 19, 2006. Any future amendments to the development plans
and/or conditions of approval shall be accomplished by Resolution of the City Council.
SECTION 5. Sections 5 through 7, inclusive, of Ordinance 1, 1990 are repealed
in their entirety.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
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Date Prepared: January 25, 2006
Ordinance 9, 2006
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PASSED this day of , 2006, upon first reading.
PASSED AND ADOPTED this day of ,2006, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
~~ Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\northcorp - ord 9 2006 - final clean.doc
6
FOR AGAINST ABSENT
Date Prepared: January 25,2006
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RESOLUTION 19,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
DEVELOPMENT (PCD), GENERALLY LOCATED NORTH OF
BURNS ROAD, SOUTH OF PGA BOULEVARD, EAST OF
INTERSTATE 95, AND WEST OF ALTERNATE AIA, AS MORE
PARTICU LARLY DESCRl BED HERE IN, TO MODIFY CERTAIN
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
THE 103-ACRE NORTHCORP PLANNED COMMUNITY
WHEREAS, on January 18, 1990, the City Council adopted Ordinance 1, 1990,
thereby approving rezoning from M-I , Research and Light Industrial, to Planned
Community Development (PCD) and Planned Unit Development (PUD) with an
underlying zoning of M-I , and the master development plan for said PCD; and
WHEREAS, the City has received a request from Cotleur and Hearing, Inc.,
agent for RCA Drainage Association (the “Applicant”), to amend the development order
of the NorthCorp PCD to modify and add certain conditions of approval to be consistent
with the Traffic Performance Standards Ordinance of Palm Beach County: and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, by adoption of Ordinance 9, 2006, the City Council determined that
the PUD and PCD master plan approvals and related conditions for the NorthCorp PCD
contained in Ordinance 1, 1990 shall be transferred to this Resolution; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: January 25, 2006
Resolution 19, 2006
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SECTION 2. The NorthCorp Planned Community Development (PCD) and
Planned Unit Development are hereby APPROVED on the following described real
property to permit the following development and conditions of approval:
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.
SECTION 2. The above described property is subject to the following amended
conditions, which shall be binding upon the Applicant, its successors, assigns, and/or
grantees:
1. Maximum floor area ratio (FAR) on the overall PCD project shall not exceed
38%.
2. Minimum front yard setback for all buildings shall be:
A. 25’ for a one (1) or two (2) story, or 25’- high structure.
B. An additional one (1) foot setback for each three (3) additional feet of
building height above 25’.
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Date Prepared: January 25,2006
Resolution 19, 2006
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Height restrictions:
Lots4 & 13
Lots 1 & 2
NorthCorp Center Site and Lots
5,6, 7,8,9, IO, 11 (South Park Center)
Lot 1 (West Park Center) &
Lots 1, 2, 3 (South Park Center)
Lot 12 (South Park Center)
(South Park Center)
(RCA Blvd. Center)
6 stories
8 stories
10 stories
12 stories
no development permitted
unless site is compatible to
use of parcels 8, 9, and
IO, as approved by the
City Council.
4. Minimum Open Space* requirements:
Slories Open Space
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28.5%
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33.75%
35.0%
*Open Space is defined as living plant material, water, and landscaped
plazas, as determined by the City Council.
5.
A. Antennas and microwave dishes shall be screened pursuant to City .. Code requirements. 7
B. All roof-mounted equipment shall be totally screened pursuant to Citv
Code requirements.
6. The uses as outlined in Condition 21 shall be limited to 5% of the total
approved square footage
development, no more than
for the PCD, and at any time during the
10% shall be allowed.
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Date Prepared: January 25,2006
Resolution 19, 2006
No retail or commercial on the first 250’ north of Burns Road. (SATISFIED)
A 30’-wide landscape buffer along Burns Road with a berm average 3’ in
height and planting. (SATISFIED)
Lot coverage (structures) shall not exceed 40% of the site area for a two (2)
story building and shall be decreased by 2.5% for each additional floor of
height above two (2) stories (example: 10 stories; 50 - 8 (2.5)= 20%).
A 7’ pathway (easuwest) along Burns Road from 1-95 to Alternate AIA shall
be constructed or bonded by the property owner prior to final plat approval.
(SAT1 SFI ED)
-* Impact Fees shall be paid as set forth in any
applicable ordinance, law, rule, or regulation of any qovernmental body with
jurisdiction over the property.
The property owner, prior to the first building permit being issued within the
PCD, shall pay $75,000 for community impact, which amount shall be
credited against any future police and fire impact fees assessed against any
development within the PCD. (SATISFIED)
The property owner or successors must comply with the DER consent
order. (SATISFIED)
Building floors will be protected from the 100 year - 3 day, zero discharge
storm event. Roadways will be protected from the 10 year - 1 day storm
event. Parking lots will be protected from the 3 year - 1 day storm event.
Prior to the final surface water management calculations, the Applicant will
provide the size and location of the culverts along Burns Road and 1-95 and
provide for any off-site drainage. (SATISFIED)
The stormwater run-off from RCA Boulevard will need to be directed into the
on-site stormwater management system in the final design. (SATISFIED)
4
Date Prepared: January 25,2006
Resolution 19.2006
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The off-site drainage ditches that serve the project will need to be cleaned
of debris, vegetation, and backfill prior to the issuance of the first building
permit on any parcel except the NorthCorp Center site. (SATISFIED)
The existing corrugated aluminum weir (riser) will need to be replaced prior
to the issuance of the first building permit on any parcel except the
NorthCorp Center site. (SATISFIED)
The littoral planting shall be installed along the water retention area on the
west side of the project if required by SFWMD. (SATISFIED)
The property owner will continue a uniform streetscape continuity along all
rights-of-way. A streetscapelbuffer plan for this PCD shall be presented to
the City Council for approval by subsequent Resolution prior to the issuance
of approval of the first PUD. (SATISFIED)
The following are uses allowed with the submission of each W site plan,
in addition to industrial and office and other M-I uses:
(Please see Condition 6 for clarity)
%A Retail:
Wearing Apparel
Toys
Sundries
Jewelry
Camera/Photos
Florist
Gift Shop
Delicatessen
Bakery
Office Equipment
Food and Drug Sales (each food or drug store shall be limited to a
maximum of 5,000 sq. ft.)
2&. Service Establishments:
BarbedBeauty Shop
Shoe Repair
Laundry/Dry Cleaner
Print Shop
Travel Agency
Employment Office
Restaurant
Health Club
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Date Prepared: January 25,2006
Resolution 19,2006
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3& HoteVMotel - One allowed in the project, limited to a maximum of 120
guest rooms or suites or combination of rooms and suites
4Q. Art Gallery, Museum, Dance, Art, or Music Studio
4kL Retail sale of beer and wine if in conjunction with restaurant or
convenience store
4%L Day Care Center
A&. BarlLiquor Store, when approved by Resolution of the City Council
€LB Laundromat
€LL CarWash
WJ. Fraternal 0 rg a n ization
44& Commercial Recreation including ancillary driving ranges.
22. Transportation conditions -w
nI IQ I I I- CQ as follows:
-LA Plats of West Park Center and Plats of South Park Center
(1) The maximum trip generation for new construction approved in
the Plat of West Park Center together with the development
approved in the Plat of RCA Boulevard Center and in the Plat of
South Park Center, shall not exceed
nine hundred seventy-seven (977) AM peak
hour, or nine hundred sixty-two (962) PM peak-hour trips
(‘I- T: I@’ “Maximum AM Peak-Hour Trips” and
“Maximum PM Peak-Hour Trips”, respectively).
(2) Any applicant appearing before the Planning, Zoning,
43awmwm and Appeals Board and the City Council shall
provide a calculation of the &tlyand peak-hour trips associated
with the proposed project. A calculation of the datlymand PM
peak-hour trips shall be undertaken utilizing the latest edition of the Institute of Transportation Engineers’ (ITE) “Trip Generation”,
as required bv the County Traffic Performance
Stand a rd s .
..
6
Date Prepared: January 25,2006
Resolution 19, 2006
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U-;B Plat of West Park Center (SATISFIED)
Prior to the issuance of any building permit for any building for any land
use in Lot 1, Plat of West Park Center, the construction contract shall
have been let for the following road improvement and open to the
public prior to the issuance of any certificates of occupancy on said Lot
1:
(1) Addition of one (1) eastbound, left-turn lane to provide dual left-
turn lanes at the intersection of RCA Boulevard and Alternate
AI A.
+NG. Plat of South Park Center (SATISFIED)
Prior to the issuance of building permits and/or certificates of
occupancy for any building on certain lots within the Plat of South Park
Center, as more fully detailed below, certain road improvements shall
be under contract and/or complete and open to the public as follows:
(a'l) Prior to the issuance of any building permits for any land uses on
Lots 1, 2, 3, 4, 5, 6 or 7, the contract let for construction of West
Park Drive as a two-lane road. as well as single northbound,
southbound, eastbound and westbound left-turn lanes at the
intersection of Burns Road with Riverside Drivemest Park Drive.
(W) Prior to the issuance of any building permits for any land uses on
Lots 7, 8, or 9, the contract let for construction of the extension of
NorthCorp Parkway in a two-lane section easterly to its proposed
terminus at East Park Drive. These improvements shall be
complete and open to the public prior to the issuance of any
certificates of occupancy for land uses on the foregoing Lots 7, 8,
and 9.
Prior to the issuance of any building permits for any land uses on
Lots 4, 5, 8, 9, IO, 1 1, 12, or 13, the contract let for construction of
East Park Drive in a two-lane section, including one additional
westbound right-turn lane as well as single eastbound and
southbound left-turn lanes at the intersection of Burns Road and
East Park Drive. These improvements shall be complete and
open to the public prior to issuance of any certificates of
occupancy for land uses on the foregoing Lots 4, 5, 8, 9, IO, 11 ,
12, or 13.
(d4) Prior to the issuance of any building permits or series of building
permits for any land uses generating more than three thousand
five hundred sixty-nine (3,569) daily trips or five hundred sixty-six
7
Date Prepared: January 25,2006
Resolution 19, 2006
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(566) PM peak-hour trips for any uses the presently undeveloped
lots in the Plat of RCA Boulevard Center, the Plat of West Park
Center, and the Plat of South Park Center, the contract shall be
let for construction of one eastbound right-turn lane at the
intersection of Burns Road and Alternate A-LA, together with an
extension of the storage lane for the single left-turn lane, and one
westbound right turn lane at the intersection of Burns Road and
Military Trail. These improvements shall be complete and open to
the public prior to the issuance of any certificates of occupancy for
any land uses generating more than three thousand five hundred
sixty-nine (3,569) daily trips or five hundred sixty-six (566) PM
peak-hour trips from the undeveloped lots in the above-
referenced plats.
(es) Prior to the issuance of any building permits for any undeveloped
lots in the Plat of South Park Center, the contract shall be let for
installation of a traffic signal at the Burns Road and Riverside
Drivewest Park Drive intersection, including all appropriate
pavement markings, signing, lighting, and the like as approved by
Palm Beach County, if warranted.
A@. All parcels within the Plat of South Park Center shall provide a signal
warrant study to determine if signalization is required at the
intersection of Burns Road with Riverside Drivewest Park Drive. The
signal warrant study shall be based on a time frame coincident with the
build out of all development with the Plat of South Park Center, the Plat
of West Park Center, and the Plat of RCA Boulevard Center and shall
include the total traffic generated by all previously-approved projects in
the Plat of RCA Boulevard Center, the Plat of West Park Center, and
the Plat of South Park Center as well as traffic generated by those
approved projects included in the traffic study for these plats.
(SAT1 S FI ED)
Only the construction of the eastbound right-turn lanes at the Burns
Road/Alternate AI A intersection and the westbound right-turn lane at
the Burns Road/Military Trail intersection shall be considered off-site
improvements.
All other improvements are site related.
Additional Riq ht-of-W av Dedication
In addition to the right-of-way dedicated on the Plat of South Park
Center, the Developer, prior to plat recordation, shall dedicate such
additional right-of-way as may be required for the reconstruction of the
intersection of Burns Road with Alternate AIA generally described as a
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Date Prepared: January 25,2006
Resolution 19,2006
maximum of an additional 35 feet beginning at the intersection for a
distance of 400 feet west of the intersection with a taper to 0 feet at a
point approximately 830 feet west of the intersection. Provided,
however, once plans are approved for the intersection, should any
right-of-way which is conveyed not be required for construction of the
intersection, any excess land shall be immediately reconveyed to the
property owner or his successors and assigns. (SATISFIED)
.. 23. Prior to the submittal of each WD site plan application, the Db+l+lr\nnr
Applicant or agent will meet on site with the City Forester to review the site
conditions which the City forester wishes to be addressed in the site plan.
24. Site Plan ReviewIPUD - No land clearing or tree removal y&l be allowed
without written approval of the City Forester. In addition, pursuant to the
PCD Plan, the owners of the properties may designate and develop areas
not subject to PUD review and approval, only upon field inspection and
written approval of the City Forester. As part of the application for each
WD site plan approval, the following shall be submitted:
@&Tree survey and tree analysis prepared by a registered landscape
architect or similarly qualified professional, which for trees with a
caliper of three inches or more describes type of tree, location, caliper,
and whether it will be removed, replaced, or relocated.
(bjB All existing oak trees with a caliper of eight inches or greater will be
preserved and protected during construction.
25. The property owner agrees and is obligated to include or cause to be
included the property ("Property") in any unit of development, special
district, community development district, or local unit of special purpose
government created by a duly constituted governmental entity ("Special
District") for the purpose of planning, establishing, acquiring, constructing,
reconstructing, enlarging, extending, equipping, operating, or maintaining
water management or roads and associated facilities, benefiting the
Property and all or part of the City of Palm Beach Gardens, Florida;
provided, however, that all assessments for such facilities shall be imposed
on a uniform basis applied pro-rata to all property benefited by the Special
District (i.e., acre by acre or residence by residence) and shall be
determined in accordance with the applicable laws, ordinances, rules, and
regulations of the State of Florida, County of Palm Beach, and the City of
Palm Beach Gardens. Provided further, that upon creation of any Special
District it must be demonstrated by the Special District that direct benefit is
accrued to the Property and the direct benefit to the Property as determined
by the Circuit Court of Palm Beach County, Florida, and any costs incurred
by the Property by reason of other sections of these requirements shall be
credited to the Property by such Special District. The owners of the
9
Date Prepared: January 25,2006
Resolution 19,2006
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Property shall be given not less than 120 days prior written notice before
formation of any Special District and shall be entitled to participate in all
proceedings relating to the Special District, including the right to appeal any
determination of benefit to the Property.
26. Prior to recording a Final Plat, 50% of the cost of construction of an at-grade
pedestrian crossing and signalization at the Community Center on Burns
Road must be paid to the City. (SATISFIED)
27. A Helipad shall be a permitted use in this PCD.
SECTION 3. Said approval shall be in compliance with the following documents
on file with the City’s Growth Management Department:
1. Traffic Evaluation with attachments, prepared by Kimley-Horn and
Associates, Inc., received and date stamped by the City on December 16,
2005.
SECTION 4. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 5. All future amendments to the NorthCorp PCD shall be approved by
Resolution.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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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 JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
\\pbgsfile\attorney\attorney_share\resolutions\resolution I9 2006 ccl nesclean2.doc
d
Date Prepared: January 25,2006
Resolution 19, 2006
PASSED AND ADOPTED this day of ,2006.
11
Department of Engineering
and Public Works
P.O. Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
www.pbcgov.com
Palm Beach County
Board of County
Commissioners
Tony Masilotti, Chairman
Addie L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Mministratar
Robert Weisman
*An Equal Opportunity
Aflmative Action Employer”
December 19,2005
Mr. Michael Sanchez
Principal Planner
3ty of Palm Beach Gardens
10500 N. Military Trail
'aim Beach Gardens, FL 33410
RE: Anspach, Lot 1 and Lot 2
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr. Sanchez:
The Palm Beach County Traffic Division has reviewed the traffic statement for the
expansion of ihe Anspach development located within the Norticorp PCD, pursuant to
the Traffic Performance Standards in Article 12 of the Palm Beach County Land
Development Code. The project is summarized as follows:
Location :
Municipality: Palm Beach Gardens
Existing and Approved Uses:
west side of Alternate AIA between RCA Blvd. and Burns Rd.
11 6-room Hotel; 15,000 sf Design Center; 50,000 sf
Warehouse (Lot # 9); 380,193 sf Office; 12931 1 sf Industrial;
and 80,600 sf Self Storage
1 16-room Hotel; 15,000 sf Design Center; 50,000 sf
Warehouse (Lot # 9); 443,968 sf Office; 162,177 sf
Industrial; and 80,600 sf Self Storage
0 (this is an equivalency)
0 (this is an equivalency)
New Proposal:
New Daily Trips:
New PH Trips:
Based on our review, the Traffic Division has determined that the revised
development plan of the previously approved Northcorp PCD meets the Traffic
Performance Standards of Palm Beach County because it does not exceed the “ 962
maximum PM peak hour trips” specified in Condition # 22 of City of Palm Beach
Gardens Ordinance 1, 1990. However, the Traffic Division has the following
recommendations with respect to Development Order conditions:
1) Condition # 22 of the current Development Order (City Ordinance 1, 1990)
also specifies a 6063 maximum daily trip limit. Although a daily trip standard
is no longer part of the Traffic Performance Standards Ordinance, it is still part
of this condition and can be enforced by the municipality.
2) Although specified by Condition # 22, the use of the 4‘h Edition of the Institute
of Transportation Engineers (ITE) book “Trip Generation” to calculate trip
generation volumes is not consistent with the current Traffic Performance
Standards Ordinance. However, due to the absence of a Master Plan
identifying an approved set of land uses and quantities at the time of the
original 1990 year project approval, the 41h Edition was determined to be an
appropriate means to arrive at this vesting information.
&% printed on recycled paper
’ !
Page 2
3) To establish consistency with the current Traffic Performance Standards, the
following changes are recommended to Condition # 22.1. Plats of West Park
Center and Plats of South Park Center:
“ 1. The maximum trip generation for new construction approved in the Plat of
West Park Center together with the development approved in the Plat of RCA
Boulevard Center and in the Plat of South Park Center, shall not exceed six
{ nine hundred seventy-seven (977) AM
peak hour, or nine hundred sixty-two (962) PM peak hour trips (“-
“Maximum AM Peak Hour Trips” and “Maximum PM Peak Hour
Trips”, respectively).
2. Any applicant appearing before the Planning and Zoning Commission and
the City Council shall provide a calculation of the ddy-xtd peak hour trips
associated with the proposed project. A calculation of the dalymand PM
peak hour trips shall be undertaken utilizing the latest edition of the Institute of
Transportation Engineers (ITE) ‘Trip Generation’ ,kt&b€Mw ’‘ as required
by the County Traffic Performance Standards.”
4) Rules set forth in the Traffic Performance Standards Ordinance.
The County traffic concurrency approval is subject to the Project Aggregation
If you have any questions regarding this determination, please contact me at 684-
4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
Allan A. Ennis, P.E., AICP
Assistant Director - Traffic Division
cc:
,+
Lorin Brissett, P.E., Kimley-Horn and Associates, Inc.
Tammy Lee, Palm Beach County Deputy County Engineer’s Ofice
File: ’ General - TPS - Mun - Traffic Study Reviews
F :\TRAFFIC\ma\Adm inwp p rovals\05 1 22 1 .doc
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Ordinance 9,2006 I Resolution 19,2006
TABLE 1
The NorthCorp PCD was approved with the following summary:
Office
Industrial
Hotel
Design Center
Warehouse
Self Storage
Proposed Expansion
(square feet)
63,175
32,666
none
none
none
none
Existinn and Approved Uses
(square feet)
380,193
129,511.
1 16-room
15,000
50,000
80,600
Total
(square feet)
443,968
162,177
1 16-room
15,000
50,000
80,600
The County traffic concurrency approval allows 63,775 square feet of office use and 32,666 square feet of light
industrial use, with a total of 96,441 square feet, for the proposed PCD development without exceeding the 962 PM
peak hour trip threshold. Consequently, the applicant has allocated 57 PM peak hour tripsll6,275 square feet of
office use and 32,666 square feet of light industrial use to Lot 1 of South Park Center (companion petition) and
reserved 62 tripsI40,800 square feet of office use for Lot 9 with 73 trips/ 47,500 square feet of office use remaining
for any future development withm NorthCorp PCD.
PM Peak Hour Trips Eauivalent to Building
Sauare Feet
Reserved for Lot 1 of S. Center Park
(Anspach- Total: 48,941 Square Feet)
25
32
16,275 - Office
32,666 - Light Industrial
48,941
Available: 73 47,500 - Office
SUBTOTAL: 130 96,441
(Office: 63,775 square feet
Industrial: 32,666 square feet)
Used 770 11 6-room - Hotel
15,000 - Design Center
50,000 - Warehouse
380,193 - Office
129,5 11 - Industrial
80,000 - Self Storage
Reserved for lot 9 of S. Center Park 62 40,800 - Office
TOTAL: 962 116-room - Hotel
15,000 - Design Center
50,000 - Warehouse
443,968 - Office
162,177 - Industrial
80,000 - Self Storage
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Resolution 20,2006
Subject / Agenda Item: Resolution 20, 2006/Petition SPLN-05-11-000003: Anspach Site Plan
Amendment
Consideration For Approval: A request by Cotleur & Hearing, Inc., agent for Anspach Holdings,
Ltd., for an amendment to the previously approved site plan to allow approval of a 48,941
square-foot building on the 7.0-acre site, which comprises Lot 1 of the South Park Center plat and
Lot 2 of the West Park Center plat in the NorthCorp Planned Community Development (PCD). The
subject site is generally located at the southwest corner of the intersection of Riverside Drive and
NorthCorp Parkway.
[ X ] Recommendation to APPROVE with four waivers and conditions
1 Recommendation to DENY
Reviewed by:
Planning Manager
Tala1 M. Benothman
City Attorney
Christine Tatum
76 4
Allan Owens
Development Compliance
Economic Development
Dolores Key
City Engineer
Originating Dept.:
Growth Management:
Project Manage
Joyce C. Cai
Planner
-[XI Quasi - Judicial
[ 3 Legislative
[ ] Public Hearing
Advertised:
[ 3 Required
[XI Not Required
Parties:
[ ]Notified
[ XI Not Required
FINANCE:
costs: $ m
Total
$m
Current FY
Funding Source:
[ 3 Operating
[XI Otherx
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ]Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Ordinance 1, 1990
0 Resolution 20,2006
0 Resolution 11,2005
0 Resolution 47, 1992
Proposed Plans
0 Table 2
0 RIMS I1 Analysis for
0 Request for TEPP
Expansion
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Resolution 20,2006
EXECUTIVE SUMMARY
The proposed site plan amendment to the Anspach project is to allow a 48,941 square-foot
building consisting of 16,275 square feet of office space and 32,666 square feet of light industrial
space. The proposed building in this petition will replace the 17,270-square-foot building
previously approved on January 20,2005 through the adoption of Resolution 1 1,2005.
TARGETED EXPEDITED PERMITTING PROGRAM
Section 78-57 of the Code of Ordinances was created entitled “Targeted Expedited Permitted
Program” in accordance with Policy 13.1.1.6 of the Comprehensive Plan. Policy 13.1.1.6 states,
in part, that “the City shall maintain and develop programs to encourage and facilitate the
expansion and relocation of target industries in the City including but not limited to: Implement a
targeted expedited permitting program for companies that are expanding operations or moving
into the city so that value-added employment may be created at a faster pace.. .”
Section 78-57 was created to provide a legal basis to prioritize economic development projects in
the land development review process
without compromising the integrity of the City’s Comprehensive Plan or Land Development
Regulations.
This petition, with a companion petition PCDA-05-11-000001 (NorthCorp PCD amendment),
has qualified for the Targeted Expedited Permitting Program as an economic development
project, and has been accelerated in the review process pursuant to Ordinance 1,2006.
ECOMOMIC IMPACT ON AD-VALOREM TAXES
Based on a conservative estimate of $400 per a square foot construction cost for a
ResearcWDevelopment building and based on current ad-valorem tax rate of 5.928 mills, the
Anspach expansion would generate approximately $1 16,049.00 additional tax revenue annually.
BACKGROUND
The subject site consists of Lot 1 of South Park Center (Lot 1) and Lot 2 of West Park Center
(Lot 2) and is bounded by Interstate 95 to the west, Northcorp Parkway to the north, Lot 2 of
South Park Center to the south and Riverside Drive to the east.
Lot 1 and Lot 2 are located within the NorthCorp Planned Community Development (PCD),
which was originally approved on January 18, 1990, with the adoption of Ordinance 1, 1990.
Ordinance 1, 1990 united all lands comprising the plats of NorthCorp Center, RCA Blvd. Center,
West Park Center and South Park Center (the entire lands comprising the former RCA site) into
one development order. The original ordinance provided for an approval mechanism for future
petitions within the PCD, assigned site-specific restrictions to certain lots, established maximum
trip generations for the development, and established time-certain conditions of approval for
certain road and drainage improvements.
2
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Resolution 20,2006
PCDI
M 1 - Research and Light Industrial
The original site plan for the subject site was approved by the City Council through the adoption
of Resolution 47, 1992, which permitted an increase of 7,500 square feet to the existing building
consisting of 25,985 square feet. Subsequently, Resolution 107, 1992 approved a wall mounted
building sign, and on September 23, 1997, an administrative approval granted a 17,032 square-
foot Phase I1 expansion to the building as well as changes to the landscape plan. The most recent
approval was on January 20,2005, when the City Council adopted Resolution 11, 2005 to allow
for a new building with 17,270 square feet of light industrial use to be built on Lot 1 of the South
Park Center, which is the south portion of the site.
I - Industrial
LAND-USE AND ZONING
PCD/
M 1 - Research and Light Industrial
The future land-use designation of the subject site as reflected on the City’s Future Land Use
Map is Industrial (I). The zoning classification of the site is Planned Community District (PCD)
Overlay with an underlying zoning of Research and Light Industrial Park (Ml).
I - Industrial
The subject site is located at the intersection of Riverside Drive and NorthCorp Parkway within
the NorthCorp Planned Community Development.
PCD/
M 1 - Research and Light Industrial
For a complete listing of adjacent uses, land use designations and zoning districts, please refer to
I - Industrial
Table 1.
Light Industrial Building on Lot 6
& 7 across Riverside Dr. (Implant
Innovations)
Table 1:
PCD/
M1- Research and Light Industrial I - Industrial
Subject
Property
North
South
East
Existing Use Zoning Land Use
Anspach Building on north
portion (Lot 2)
Vacant on south portion (Lot 1)
Water Management Tract (W-1)
NorthCorp Center across
NorthCorp Parkway
Design Center on Lot 2 of S. Park
Center
(DecoratorsKeebler)
I I
3
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Resolution 20,2006
West Gardens Park across 1-95 P/I - Public or Institutional ROS -
Recreation
Open Space
PROJECT DETAILS
The subject site consists of 7.0-acres and is located on Lot 1 of South Park Center and Lot 2 of
West Park Center, within the NorthCorp PCD. Lot 2 contains an existing 49,155 square-foot
building, which is being used for production services, research and professional offices
associated with the Anspach Company. With this petition, the applicant is seeking an approval
for the construction of a new building with 48,941 square feet on Lot 1, the southern portion of
the site. The proposed building will replace the 17,270-square-foot building approved (but un-
built) on January 20, 2005, through the adoption of Resolution 11, 2005. In this application, the
proposed building will provide 32,666 square feet of light industrial use and 16,275 square feet
of office use to accommodate the growth and operation expansion of the Anspach Company. The
Anspach Company specializes in the production of high-speed instrumentation for Neurosurgery,
Neurotology, Otology and Orthopedics.
The additional 48,941 square-foot building will be allocated from an entitlement of the
remaining 96,441 square feet of the overall PCD, which allocation has been requested through a
PCD amendment filed concurrently with this petition.
Access
The site will continue to have the existing ingress and egress access onto Riverside Drive and
NorthCorp Parkway. An additional exit-only access is proposed to be located near the southeast
comer of the site for vehicle delivery purpose.
Landscaping
The minimum open space is 28% as required by condition 4 of Ordinance 1, 1990. The
applicant has provided 42.71%. The applicant is required to provide a total of 12,373.2 points of
landscaping for the site; the applicant has provided 14,209 landscape points (9,118 existing
points and 5,091 proposed points).
The undeveloped portion of the site is currently vegetated with pine trees. The applicant is
required to replace trees with an equal amount of vegetation around the property. The proposed
building will also require a relocation of existing conservation easements. One 6,96 1 square
feet/O. 16 acres conservation easement has been proposed to be located along the south property
line. The City Forester has reviewed the proposed relocation of the conservation easements and
has no objections.
4
Date Prepared: January 25,2006
Meeting Date: February 16, 2006
Resolution 20,2006
The proposed development plan provides a 20-foot-wide landscape buffer along Riverside Drive
that includes a 12-foot wide drainage easement, which is proposed to be abandoned by the
applicant. The landscape buffer along the western property line is required to be 15 feet in width
based upon the PCD Streetscape/Buffer Landscape Plan approved on Sept. 17, 1992 through the
adoption of Resolution 65, 1992. The proposed development plan provides for a buffer in excess
of 15 feet with existing and new trees proposed by the applicant. Along the south property line,
an 8-foot-wide buffer is proposed and is consistent with code requirements.
Site Lighting
The applicant is required to submit a signed and sealed photometric plan for the City Engineer’s
review and approval prior to building permit application submittal.
Parking
The applicant is proposing to provide a total of 195 parking spaces on the site. The minimum
number of spaces required by Code is 190 spaces, based on a ratio of one space per 1,000 square
feet of light industrial use (Laboratory, Industrial Research and Development) and one space per
250 square feet of office. The total number of handicapped parking spaces required is six (6);
the applicant has provided six (6).
The applicant is providing five (5) additional parking spaces beyond the minimum required by
Code. Since the applicant has provided 2.99 acres/42.71% of open space, which is 1.03
acres/14.71% more than the minimum required by Code, no additional open space is needed for
the increase in number of parking spaces.
The petitioner has requested a waiver as it relates to parking width dimension. The requested
waiver is to allow for 9.5-foot-wide parking spaces instead of 10-foot-wide parking spaces as
specified by Section 78-344(1) of the LDRs. According to Section 78-344(1)(2) of the LDRs,
additional pervious open space is required to be provided at a ratio of 1.5 sq. ft. for every square
foot of reduced paved parking area. This would require 1,484.63 square feet of additional open
space to be located within the same parking facility. The petitioner has met the minimum code
requirement on the additional open space for the reduction in parking space dimension.
Traffic Concurrency
The proposed expansion is consistent with the County’s Traffic Performance Standards
Ordinance and the City’s Traffic Concurrency. The County’s Traffic Division and the City’s
Engineer have raised no issues with respect to traffic and have both approved the traffic
statement and trip generation analysis submitted by the applicant.
Architecture
The proposed building will have three stories with a flat roof and maximum height of 60’ 11”.
On the east faqade, a covered canopy is also proposed extending 20’ 6” from the main entrance
and emphasizing the central entry to the building. Along the front/east faqade of the proposed
5
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Resolution 20,2006
building, a covered walkway, intended for weather protection, was also proposed above a seven
(7)-foot wide sidewalk running the full width of the building. The proposed building is generally
consistent with the existing building with respect to architectural style, building materials, and
color.
Signage
The applicant is proposing to move the existing principal tenant sign on the existing building and
place it on the newly proposed building on the west elevation facing on the third floor facing I-
95, as well as a tenant sign with 24” letter height on the third floor of the east elevation facing
Riverside Drive. Staff has included a condition of approval requiring the applicant to move the
subject sign to the new building prior to issuance of the Certificate of Occupancy.
According to Section 78-285 entitled “Permitted Signs”, the applicant is allowed one wall sign.
The applicant has requested two (2) waivers to: a) allow for one (1) additional tenant sign with
24” letter height on the east elevation facing Riverside Drive; and b) allow for the installation of
the two wall signs to be above the second floor line.
The applicant has also proposed a new monument sign to be located at the main entrance along
Riverside Drive. The style of the proposed sign will be the same as the existing monument sign
located at the site entrance along NorthCorp Parkway. The proposed monument sign is
permitted because the site meets the frontage criteria required for a second ground sign pursuant
to Section 78-285 of the LDRs.
Art in Public Places
The applicant has indicated that the construction cost of the proposed building will exceed one-
million dollars and therefore the Art in Public Places requirement is applicable to the proposed
development. The applicant has elected to pay cash in lieu of providing art as permitted by
Section 78-261 of LDRs.
[This space is intentionally left blank]
6
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Resolution 20,2006
Requested
Waiver
Waivers
Recommendation
WAIVERS REOUESTED
Section 78-285
Table 24:
Permitted Signs
Code
Section
Tenant wall sign Tenant wall signs Tenant wall signs to
be on third floor of
second floor line of building building
not higher than the to be on third floor Approval (4)
Required/
Allowed
Provided
Section 78-
344(1): Parking
Stall width
Section 78-
street parking &
loading
entrances and
344(h): Off-
10’ X 18.5’
100’ minimum
stacking distance
9.5’ X 18.5’
30’ stacking
distance at the main
entrance along 1 Riverside Dr.
Table 24:
Permitted signs allowed signs
0.5’ foot in width
70’ deviation at the
main entrance
along Riverside Dr.
Approval (1)
Approval (2)
one (1) additional Approval (3)
tenant wall sign
1) Staff recommends approval as the majority of the existing parking on-site is 9’ X 18’, as
approved by the original submittal. Additionally, the applicant has provided 1,5 12.38 square
feet of additional open space, which is the minimum required by code for reducing the
parking stall width.
2) Staff recommends approval as the ingredegress already exists on site. The same waiver was
approved in the previous petition for a 17,270 square-foot new building through the adoption
of Resolution 1 1,2005.
3) Staff recommends approval since the applicant has agreed to relocate the existing the sign on
the existing building to the new building facing 1-95.
4) Staff recommends approval considering that a) the proposed building is set back 230 feet
from the east property line abutting Riverside Drive; b) the proposed sign on a third floor
will not impose an adverse visual impact but rather will provide an adequate name
recognition for visitors entering the subject site.
PLANNING, ZONING AND APPEALS BOARD RECOMMENDATION
At its January 24, 2006 meeting, the Planning, Zoning and Appeals Board held a public hearing
to review the subject petition. The Board voted 7-0 to recommend approval of the subject
petition to the City Council with staffs recommendations, proposed conditions of approval as
well as with staffs recommendations relating to the requested waivers.
7
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Resolution 20,2006
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 20, 2006 with the conditions provided therein,
and three waivers.
Waivers:
Staff recommends approval of the following requested waivers:
1.
2.
The waiver request from Section 78-344(Ll), entitled “Parking stall and bay
dimensions, to allow for 9.5-foot-wide parking spaces.
The waiver request from Section 78-344, entitled “Stacking Distance”, to allow
for a reduction in the required 100-foot stacking distance, to allow for a 30-foot
stacking distance.
The waiver from Section 78-285, Table 24, entitled “Permanent Signs”, to allow
for a tenant wall sign to be installed on third floor of the proposed building along
the east elevation facing Riverside Drive.
The waiver from Section 78-285, Table 24, entitled “Permanent Signs”, to allow
for an additional tenant wall sign on the west elevation of the proposed building
facing 1-95.
3.
4.
8
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Resolution 20,2006
Ordinance 1,1990
Industrial, Office,
other M-1 uses and
uses under item 21
of condition of
approval
Table 2 : Consistency with Ordinance 1, I990 and LDRs
Code
Requirement
PCD and subject
to Ordinance 1,
1990
da
da
12 stories - lot 1 of
south park center
20’
15’
50’ *
28 % 15% *
Consistency Proposed Plan
Light Industrial
and Office YES
24.5 %
(including the
proposed bldg.
Sq. Ft. on lot 1)
Max. 38% - overall PCD
YES da
Max. Floor Area Ratio k Max. Lot Coverage 37.5% I4o%* 21.5% YES
195 ’ - Proposed
Bldg.
34.3’ YES 25’ * Min. Front setback
Min. Rear Setback
Min. Side Setback
YES 8 1.4’ - Proposed
Bldg.
YES 110.7’ - Proposed
Bldg.
52’-11”/ 3 stories YES Max. Bldg. Height/
Stories
Min. Open Space 42.71% YES
* Note: Where there is a d xence, the Ordinancc
9
January 18, 1990
ORDINANCE 1, 1990
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
RESEARCH AND LIGHT INDUSTRIAL TO PCD AND PUD ZONING
COMPRISING THE PLATS OF NORTHCORP CENTER, RCA
BOULEVARD CENTER, WEST PARK CENTER AND SOUTH PARK
CENTER (THE ENTIRE LANDS COMPRISING THE FORMER
RCA SITE); AND, PROVIDING THAT SUBSEQUENT APPROVALS
SHALL BE BY RESOLUTION WITHOUT NEWSPAPER PUBLICATION
OF NOTICE BEING REQUIRED; AND, PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
FLORIDA, AMENDING THE CURRENT ZONING FROM H-1,
WITH UNDERLYING ZONING OF M-1, ON ALL LANDS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. The Zoning upon the lands known as "The Former
RCA Slte" located within the City of Palm Beach Gardens, Florida, and
more particularly descrlbed in Exhiblt "A" attached hereto and made a
part hereof is hereby amended from M-1, Research and Light Industrial
Park District, to PCD. The underlying zoning shall be and the same Is
hereby designated as that set forth in the M-I, Research and Light
Industrial Park District, City of Palm Beach Gardens Zoning Code.
Sectlon 2. Attached hereto as Composite Exhibit Yi* and
made a part hereof are plats prepared by Hutcheon Engineers as
follows: Plat of NorthCorp Center, Plat of RCA Boulevard Center; Plat
of West Park Center and Plat of South Park Center.
The PCD consisting of the aforesaid descrlbed plats (Former
RCA Slte) heretofore approved by the City, shall be developed in
accordance wlth the said plats, the Development Orders and Condltions
of approval entered and approved by the City on January 18, 1990.
Further, each lot within the foregolng plats Is hereby deslgnated as a
Planned Unit Development and the Individuals Planned Unlt Developments
are hereby created.
Section 3. Impact fees shall be patd by the developers of
the individual Planned Unit Developments as set forth in any appli-'
cable ordlnance, law rule or regulation of any governmental body with
jurlsdiction over the property development.
Section 4. Development of the individual Planned Unit
Devlopments within the Planned Comnunity District shall proceed in
accordance with the said Development Orders and Conditions of Approval
of January 18, 1990 attached to the Plat of West Park Center and the
Plat of South Park Center; and the general conditions as hereinafter
setforth:
1. Maximum floor area ratio (FAR) on the overall PCO project
shall not exceed 38%.
2. Minimum front yard setback for all buildings shall be:
A. 25' for a one (1) or two (2) story, or 25' high struc-
B.
ture.
An additional one (1) foot setback for each three (3)
additional feet of building height above 25'.
3. Height restrictions:
Lots 4 & 13 (South Park Center) 6 stories
Lots 1 & 2 (RCA Blvd. Center) 8 stories
Northcorp Center Site 6 Lots
5, 6, 7, 8, 9, 10, 11 (South Park Center) 10 stories
Lot 1
Lots 1, 2, 3 (South Park Center 12 stories (West Park Center) &
Lot 12 (South Park Center) no development
permi t ted
unless site is
compatable to
use of parcels
8.9, and 10, as
approved by the
City Counci 1.
4. Minimum Open Space* requirements:
Stories Open Space -
1-4
5
6
7
8
9
10
11
12
28.0%
28.5%
29. ox
29.5%
30.0%
31.25%
32.50%
33.75%
35.0%
*Open Space is defined as living plant material, water, and
5. A. Antennas and microwave dishes shall be subjected to specific
landscaped plazas, as determined by the City Council.
PUD review for screening.
B. All roof-mounted equipment shall be totally screened.
6. The uses as outlined in Condttion 21 shall be limited to 5% of
the total approved square footage for the PCO and at any time
during the development, no more than 10% shall be allowed.
7. No retail or comnercial on the first 250' north of Burns Road.
-2-
8. A 30-foot wide landscape buffer along Burns Road with a berm
average three feet in height and planting.
9. Lot coverage (structures) shall not exceed 40% of the site area
for a two (2) story building and shall be decreased by 2.5% for each additional floor of height above two stories (Example:
10 stories; 50 - 8 (2.5) = 20%).
Alternate A-1-A, shall be constructed or bonded by the property
owner prior to final plat approval.
Beach County Traffic Impact Ordinance.
deternine comnunity facilitles impact fees and the timing of
payment for:
A. Recreation
B. Police
C. Fire
Property owner prior to the first building permit being issued
withln the PCD, shall pay $75,000 for comnunity impact, which amount
shall be credlted against any future pollce and fire impact fees
assessed against any development within the PCO.
13. The Property Owner or successors must comply with the DER
consent order.
14. Building floors will be protected from the 100 year - 3 day,
zero discharge storm event. Roadways will be protected from
the 10 year - 1 day storm event, Parklng lots will be pro-
tected from the 3 year - 1 day storm event.
applicant will provide the size and location of the culverts
along Burns Road and 1-95, and provide for any off-site
drai nage.
16. The stormwater run-off from RCA Boulevard will need to be
directed into the on-site stormwater management system in
the final design.
17. The off-site drainage ditches that serve the project will need
to be cleaned of debris, vegetation, and backfill prior to
issuance of the first building permit, on any parcel except
the Northcorp Center site.
18. The existing corrugated aluminum weir (riser) will need to be replaced prior to issuance of the first building permit, on
any parcel except the Northcorp Center site.
retention area on the west side of the project if required
by S.F.W.M.D.
tinuity along all R.O.W. A streetscape/buffer plan for this
PCD shall be presented to the City Council for approval by
subsequent resolution prior to the issuance of approval of the
first PUD.
10. A 7' pathway (east/west) along Burns Road, from 1-95 to
11. Traffic impact fees must be paid in accordance with the Palm
12. City Council, in conjunction with the Developer(s), shall
15. Prior to the final surface water management calculatlons,
19. The littoral planting shall be installed along the water
20. The Property Owner will continue a uniform streetscape con-
-3-
21. The following are uses allowed with the submission of each PUD,
in addition to Industrial and office and other M-1 uses:
(Please see Condition 6 for clarity)
1. Retail:
Wearing Apparel
Toys
Sundries
Jewelry
Camera/Photos
Florist
Gift Shop
Delicatessen
Bakery
Office Equipment
Food and Drug Sales (each food or drug store shall be limited to a maximum of 5,000 sq. ft.)
2. Servlce Establishments:
Barber/Beauty Shop
Shoe Repair
Laundry/Dry Cleaner
Print Shop
Travel AGency
Employment Office
Restaurant
Health Club
a maximum of 120 guest rooms or suites or combination of
rooms and sultes.
4. Art Gallary, Museum, Dance, Art or Music Studio.
5. Retail sale of beer and wine If in conjunctlon with
restaurant or convenience store.
6. Day Care Center.
7.
8. Laundromat
9. Car Wash
10. Fraternal Organization
11. Comnercial Recreatlon including ancillary driving ranges.
22. Kahart Pinder's conditions from his letter dated 1-8-90, and
recomnendatlon 1-18-90, as follows:
I. Plats of West Park Center and Plats of South Park Center
3. Hotel/Motel - One allowed in the project, limlted to a
Bar/Liquor Store, when approved by Resolution of the
city Councll.
1. The maximum trip generation for new constructlon
approved in the Plat of West Park Center together with
the development approved in the Plat of RCA Boulevard
Center and in the Plat of South Park Center, shall not
exceed six thousand sixty-three (6,063) daily trips,
or nine hundred sixty-two (962) PM peak hour trips
("Maximum Daily Trips" and "Maximum PM Peak Hour Trips",
respectively).
2. Any appllcant appearing before the Plannlng and Zoning
Comnission and the City Council shall provide a
calculation of the daily and peak hour trips associated
wlth the proposed project. A calculation of the dally
and PM peak hour trlpS shall be undertaken utlllzing the
Institute of Transportation Engineers' (ITE) "Trip
Generation", Fourth Edition.
-4-
TI. Plat of West Park Center
Prior to the issuance of any building permit for any
building for any land use in Lot 1, Plat of West Park
Center, the construction contract shall have been let for
the following road improvement and open to the publlc
prior to the issuance of any certiflcates of occupancy on
said Lot 1:
(a) Addition of one (1) eastbound, left-turn lane to provide dual left-turn lanes at the intersection of
RCA Boulevard and Alternate A-1-A.
111. Plat of South Park Center
Prior to the issuance of building permlts andlor cer-
tificates of occupancy for any building on certain lots
withln the Plat of South Park Center as more fully detailed
below, certain road improvements shall be under contract
and/or complete and open to the public as follows:
Prior to the issuance of any building permits for any
land uses on Lots 1, 2, 3, 4, 5. 6 or 7, the Contract
let for construction of West Park Drive as a two lane
as well as single northbound, southbound, eastbound
and westbound left-turn lanes at the intersection of
Burns Road with Riverside Drive/West Park Drive.
Prior to the issuance of any building permits for any
land uses on Lots 7, 8, or 9, the Contract let for
construction of the extension of NorthCorp Parkway
in a two lane section easterly to its proposed
terminus at East Park Drive. These improvements shall
be complete and open to the public prior to the
issuance of any certificates of occupancy for land
uses on the foregoing Lots 7. 8, and 9.
Prior to the issuance of any building permits for any
land uses on Lots 4, 5, 8, 9, 10, 11, 12, or 13, the
Contract let for construction of East Park Drive in
a two lane section including one additional westbound
right-turn lane as well as single eastbound and
southbound left-turn lanes at the intersection of
Burns Road and East Park Drive. These improvements
shall be complete and open to the publtc prior to
issuance of any certificates of occupancy for land
uses on the foregoing Lots 4, 5, 8, 9, 10, 11, 12, or
13.
Prior to the issuance of any building permits or
series of building permits for any land uses
generating more than three thousand, five hundred
sixty-nine (3,569) daily trips or five hundred
sixty-six (566) PM peak hour trips for any uses on
the presently undeveloped lots in the Plat of RCA
Boulevard Center, the Plat of West Park Center and
the Plat of South Park Center: Contract let for
construction of one eastbound right-turn lane at
the intersection of Burns Road and Alternate A-1-A,
together with an extension of the storage lane for
the single left-turn lane, and one westbound right-
turn lane at the intersection of Burns Road and
Mi 1 i tary Trail. These improvements shall be complete
and open to the public prior to issuance of any
certlficates of occupancy for any land uses
generating more than three thousand five hundred
sixty-nine (3,569) daily trips or five hundred sixty-
six (566) PM peak hour trips frMn the undeveloped
lots in the above referenced plats.
-5-
(e) Prior to the issuance of any building permits for any
undeveloped lots in the Plat of South Park Center, the contract shall be let for installation of a traffic
signal at the Burns Road and Riverside Drive/West Park Drive intersection including all appropriate
pavement markings, signing, lighting and the like as
approved by Palm Beach County, if warranted.
IY. All parcels within the Plat of South Park Center, shall
provide a signal warrant study to determine if signaliza-
tion is required at the intersection of Burns Road with
Riverside Drive/West Park Drive. The signal warrant study
shall be based on a tlme frame coincident with the build-
out of all development with the Plat of South Park Center,
the Plat of West Park Center and the Plat of RCA Boulevard
Center and shall include the total traffic generated by all
previously approved projects in the Plat of RCA Boulevard
Center, the Plat of West Park Center and the Plat of South
Park Center as well as traffic generated by those approved
projects included in the traffic study for these plats.
Only the construction of the eastbound right-turn lanes at
the Burns Road/Alternate A-1-A intersection and the West-
bound right-turn lane at the Burns RoadlMilitary Trail
intersection shall be considered off-site improvements.
All other improvements are site related.
Additional Right of Way Dedication
In addition to the right-of-way dedicated on the PLAT of SOUTH
PARK CENTER, the Developer, prior to plat recordation, shall
dedicate such additional right-of-way as may be required for the
reconstruction of the intersection of Burns Road with Alternate
A-1-A generally described as a maximum of an additional 35 feet
beginning at the intersection for a distance of 400 feet west
of the intersection with a taper to 0 feet at a point approxima-
tely 830 feet west of the Intersection. Provided, however, once
plans are approved for the intersection. should any right-
of-way which is conveyed not be required for construction of the
intersection, any excess land shall be imnediately reconveyed
to the property owner or his successors and assigns.
23. Prior to the submittal of each PUD application the Petitioner
or agent will meet on site with the City Forester to review the
site conditions which the City forester wishes to be addressed
in the site plan.
24. Site Plan Review/PUD - No land clearing or tree removal be
allowed without written approval of the City Forester. In
addftion, pursuant to the PCD Plan. the owners of the properties
may designate and develop areas not subject to PUD review and approval, only upon field inspection and written approval of the
City Forester. As part of the applicatlon for each PUD approval, the following shall be submitted:
(a) Tree survey and tree analysis prepared by a registered landscape architect or similarly qualified professional,
which for trees with a caliber of three inches or more
describes type of tree, location, caliber, and whether it
will be removed, replaced, or relocated.
(b) All existing Oak trees with a caliber of elght inches or greater will be preserved and protected during construction.
-6-
25. The Property Owner agrees and is obligated to include or cause to be included the property ("Property") in any unit of develop-
ment, special district, cmunity development district or local
unit of special purpose government created by a duly constituted
governmental entity (tlSpeclal District") for the purpose of
planning, establishing, acquiring, constructing, reconstructing,
enlarging, extendlng. equipping, operating, or maintaining water
management or roads and associated facilities, benefiting the
Property and all or part of the City of Palm Beach Gardens,
Florida; provided, however, that all assessments for such
facilities shall be imposed on a uniform basis applied pro-rata
to all property benefited by the Special District (i.e., acre by
acre or residence by residence) and shall be determined in
accordance with the applicable laws, ordinances, rules and regu-
lations of the State of Florida, County of Palm Beach and the
City of Palm Beach Gardens. Provided further, that upon
creation of any Special District it must be demonstrated by
the Special Distrlct that direct benefit is accrued to the
Property and the direct benefit to the Property as determined
by the Circuit Court of Palm Beach County, Florida, and any
costs incurred by the Property by reason of other sectlons of
this requirements shall be credited to the Property by such
Special District. The owners of the Property shall be given not
less than 120 days prior written notice before formation of any
Special District and shall be entitled to participate in all
proceedings relating to the Special District including the right
to appeal any determination of benefit to the Property.
26, Prior to recording a Final Plat, 50% of the Cost of construction of an at grade pedestrian crossing and signalization at the
COmnUnity Center on Burns Road, must be paid to the City.
27, A Helipad shall be a permitted use in this PCD.
Section 5. Review of subsequent developments on the individual
PUDs shall be by the City's Planning and Zoning Comnission and by the
City Council, and approval shall be by Resolution. A Public Hearlng and
publication of notice in a newspaper of general circulation for the
meetings on subsequent Resolutions shall not be required.
Section 6. If any part or portion of this Ordinance shall be
found to be invalid by a Court of competent jurisdiction, the remainder
of the Ordinance shall remain in full force and legal effect.
Section 7. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section 8. This Ordinance shall be effective upon date of
passage.
-7-
, .. 4 1.
W u
PLACED ON FIRST READING THIS 4th DAY OF JANUARY, 1990.
PLACED ON SECOND READING THIS 18th DAY OF JANUARY, 1990.
PLACED AND ADOPrfD THIS 18th DAY OF JANUARY, 1990.
-
- -\
JICE MAYOR
ATTEST:
Jyz
c.7 ,'*' COUNCILMAN /
-a-
Date Prepared: January 25,2006
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RESOLUTION 20,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A SITE PLAN
AMENDMENT TO THE ANSPACH PROJECT AT THE NORTHCORP
PLANNED COMMUNITY DEVELOPMENT (PCD), TO ALLOW AN
ADDITIONAL 16,275 SQUARE FEET OF OFFICE USE AND 32,666
SQUARE FEET OF LIGHT INDUSTRIAL USE, LOCATED ON THE
CENTER AND LOT 2 OF THE WEST PARK CENTER IN THE
NORTHCORP PLANNED COMMUNITY DEVELOPMENT (PCD),
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF RIVERSIDE DRIVE AND NORTHCORP
PARKWAY, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
7.0-ACRE SITE WHICH COMPRISES LOT 1 OF THE SOUTH PARK
WHEREAS, on June 18, 1992, the City Council adopted Resolution 47, 1992,
allowing 33,485 square feet to be used for the manufacture of medical equipment on a
7.0-acre site to be completed in one phase of development within the NorthCorp
Planned Community Development (PCD) (the Anspach Site Plan); and
WHEREAS, on November 18, 1992, the City Council adopted Resolution 107,
1992, amending the Anspach Site Plan to allow a wall-mounted sign; and
WHEREAS, on September 23, 1997, City staff granted an Administrative
Approval to the Anspach Site Plan, including the addition of a 17,032-square-foot Phase
II expansion to the existing building and changes to the landscape plan; and
WHEREAS, on June 5, 2003, the City Council adopted Resolution 98, 2003,
allowing an addition of 37 parking spaces on the Anspach Site Plan; and
WHEREAS, on January 20, 2005, the City Council adopted Resolution 11, 2005,
allowing an expansion for a new building of 17,270 square feet for the Anspach Site
Plan; and
WHEREAS, the City has received an application from Cotleur and Hearing, Inc.,
agent for Anspach Holdings, Ltd. (the “Applicant”), for an amendment to the previously-
approved site plan to allow an additional 16,275 square feet of office use and 32,666
square feet of light industrial use for the Anspach Site Plan; and
WHEREAS, the subject parcel is currently zoned Planned Community
Development District (PCD) Overlay with an underlying zoning of Research and Light
Industrial Park (MI) and a future land-use designation of Industrial (I); and
Date Prepared: January 25,2006
Resolution 20,2006
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WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, on January 24, 2006, the Planning, Zoning, and Appeals Board
recommended approval of the proposed amendments by a vote of 7-0; 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 amendment to the Anspach Site Plan is hereby APPROVED
for the following described real property to permit an additional 16,275 square feet of
office use and 32,666 square feet of light industrial use, subject to the waivers and
conditions of approval provided herein:
LEGAL DESCRIPTION:
LOT 1, ACCORDING TO THE PLAT OF SOUTH PARK CENTER, AS RECORDED IN
PLAT BOOK 67, PAGES 87 AND 88, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
LOT 2, ACCORDING TO THE PLAT OF WEST PARK CENTER, AS RECORDED IN
PLAT BOOK 67, PAGES 91 AND 92, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORl DA.
SECTION 3. The following waivers are hereby APPROVED for the Anspach Site
Plan:
1. Section 78-344(1) - Parking Stall and Bay Dimensions, to allow 9.5’ x 18.5’
parking stalls. The Land Development Regulations require a minimum IO’ x
18.5’ parking stall.
2. Section 78-344(h) - Off-street Parking & Loading Entrances and Exits, to
allow for a 30-foot stacking distance at the entrance along Riverside Drive.
The Land Development Regulations require a minimum 100-foot stacking
d i sta n ce.
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Date Prepared: January 25,2006
Resolution 20,2006
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3. Section 78-285, Permitted Signs, Table 24, to allow for tenant wall signs to
be installed on the third floor of the proposed building. The Land
Development Regulations require tenant wall signs not to be installed higher
than the second floor line.
4. Section 78-285, Permitted Signs, Table 24, to allow for an additional wall
sign to be installed on the west elevation facing 1-95 on the newly approved
building.
SECTION 4. This approval is subject to the following additional conditions, which
shall be binding upon the Applicant, its successors, assigns, and/or grantees:
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The Applicant shall provide the City with copies of all permit applications,
permits, certifications, and approvals. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a cost estimate for the project,
including public infrastructure and all landscaping and irrigation costs, for
review and approval by the City in order to establish surety. The cost
estimate shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida. Surety will be based on 110% of the total
combined approved cost estimates and shall be posted with the City prior to
the issuance of the first building permit, in accordance with Sections 78-309
and 78-461 of the LDRs. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a cost estimate for the on-site
project improvements, not including public infrastructure or landscaping and
irrigation costs, for review and approval by the City. The cost estimate shall
be signed and sealed by an engineer registered in the State of Florida and
shall be posted with the City prior to the issuance of the first land alteration
permit. (City Engineer)
The construction, operation, and/or maintenance of any elements of the
subject project shall not have any negative impacts on the existing drainage
of surrounding areas. If at any time during the project development it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the Applicant’s
responsibility to cure the impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
Engineer)
The Applicant shall comply with all Federal Environmental Protection
Agency (EPA) and State of Florida Department of Environmental Protection
NPDES permit requirements including, but not limited to, preparation of a
stormwater pollution prevention plan and identification of appropriate Best
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Date Prepared: January 25,2006
Resolution 20,2006
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Management Practices, as generally accepted by the EPA andlor local
regulatory agencies, for construction activities; submission of a Notice of
Intent to EPA or its designee; implementation of the approved plans;
inspection and maintenance of controls during construction; and submission
of a Notice of Termination. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall schedule a pre-permit meeting with City
staff. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide the City with letters of authorization from the applicable utility
companies allowing landscaping and light poles to be placed within the
utility easements. (City Engineer)
If any of the trees which are designated as protected on the landscape plan
is altered by any future approvals for drainage or utility construction work,
the City shall require tree relocation or mitigation of three new caliper inches
for every one inch lost. (City Forester)
Prior to the issuance of the Certificate of Occupancy, the Applicant shall
replace all landscaping removed due to its death, disease, damage, insect
infestation, or hurricane damage, with replacement as shown on the
approved landscape plan for the north parcel. (City Forester)
Prior to the issuance of the first land alteration permit, the Applicant shall
erect and maintain protective barriers around the drip line of existing trees
adjacent to the proposed improvements. All work shall be inspected and
approved by the Landscape Architect of Record and the City Forester. (City
Forester)
At any time, the City Forester, with the assistance of the Landscape
Architect of Record, shall have the ability to eliminate up to two (2) parking
spaces in the southeast corner of the site, if needed, to provide more open
space around the existing oak trees designated for preservation. (City
Forester)
All trees designed for preservation or relocation that die as a result of
construction or relocation activities shall be replaced with a live oak that
measures a minimum three-inch diameter at breast height and 18 feet in
height. (City Forester)
The tree relocation work may commence prior to land alteration through the
coordination of the Landscape Architect of Record and the City Forester.
(City Forester)
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Date Prepared: January 25,2006
Resolution 20, 2006
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14. Prior to the issuance of the first building permit, the Applicant shall prepare
a construction site security and management plan for approval by the City’s
Police Department CPTED Official. (Police Department)
a) The developer/project manager, after site clearing and placement of
construction trailers, shall institute security measures to reduce or
eliminate opportunities for theft. The management plan shall include, but
not be limited to, temporary lighting, security personnel, vehicle barriers,
constructionlvisitor pass, reducelminimize entry/exit points, encourage
subcontractors to secure machinery and tools at the end of the work day,
and/or any other measure deemed appropriate to provide a safe and
secure working environment.
b) The security management plan shall be maintained throughout the
construction phase of the project. Noncompliance with the approved
plan shall result in a stop-work order for the entire site plan.
15. The Applicant shall use metal halide lighting alongside/under/adjacent to the
proposed walkway cover. (Police Department)
M iscel la neous
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The property owner shall be required to notify the City’s Public Works
Division via fax at least 10 working days prior to the commencement of any
worklconstruction activity within any public right-of-way within the City of
Palm Beach Gardens. In the case of a City right-of-way, the property owner
has at least five working days to obtain a right-of-way permit. Right-of-way
permits may be obtained at the Building Division. Failure to comply with this
condition could result in a stop-work order of all worklconstruction activity
within the public right-of-way and the subject development site. (Public
Works)
Prior to the issuance of the first building permit, the City shall receive
documentation from the Applicant that two existing drainage easements
have been abandoned - one is 35 feet wide located in the middle of the 7.0-
acre site and the other is 12 feet wide located along Riverside Drive. (City
E ng i nee r)
Prior to the issuance of the Certificate of Occupancy, the Applicant shall re-
plat the site. The re-plat shall include, but not limited to, the conservation
easement in the southeast corner of the site that contains I99 caliper inches
as conceptually shown on the site plan. (City Engineer, City Forester).
Prior to the issuance of the Certificate of Occupancy, the Applicant shall
remove the existing wall sign facing 1-95 on the existing building and
relocate it to the newly-approved building. (Planning & Zoning)
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Date Prepared: January 25,2006
Resolution 20,2006
1 20. Prior to the issuance of the first building permit, the Applicant is required to
2 comply with the Art in Public Places requirement by depositing an amount of
3 money equal to the art fee into an escrow account or make a payment in
4 lieu thereof. The Art in Public Places Advisory Board shall review and make
5 a recommendation to the City Council on any proposed art on site.
6 (Planning & Zoning)
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8 21. Required digital files of the approved plat in its entirety, transformed to NAD
9 83 State Plan Coordinate System, shall be submitted to the Planning and
10 Zoning Division prior to the issuance of the first building permit. Approved
11 civil engineering as-built design and architectural drawings shall be
12 submitted to the Planning and Zoning Division prior to the issuance of the
13 first Certificate of Occupancy. (GIs Manager, Development Compliance)
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15 SECTION 5. This approval shall be in compliance with the following plans on file
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with the City's Growth Management Department:
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1. Site plan and landscape plans, sheets 1 through 5, prepared by Cotleur and
Hearing, last revised on January 26, 2006, and received and stamped by
the City on January 27, 2006.
2. Elevations and floor plans, sheets A-I through A-6, prepared by
Architectural Design Associates, dated January 11 , 2006, received and
stamped by the City on January 12,2006.
SECTION 6. This approval expressly incorporates and is contingent upon all
representations made by the Applicant or Applicant's agents at any workshop or public
hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 25,2006
Resolution 20, 2006
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PASSED AND ADOPTED this day of ,2006.
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 JABLIN ---
COUNCILMEMBER LEVY ---
36 COUNCILMEMBER VALECHE ---
38 COUNCILMEMBER BARNETT --
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Date Prepared: December 21,2004
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RESOLUTION 11,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A SITE PLAN
AMENDMENT TO ALLOW FOR A 17,270 SQUARE FOOT
COMPRISES LOTS I AND 2 OF THE NORTHCORP PLANNED
COMMUNITY DEVELOPMENT (PCD), GENERALLY LOCATED AT
THE SOUTHWEST CORNER OF THE INTERSECTION OF
RIVERSIDE DRIVE AND NORTHCORP PARKWAY, AS MORE
PARTICULARY DESCRIBED HEREIN; PROVIDING FOR WAIVERS;
PROVIDING FOR CONDITIONS; AND PROVIDING AN EFFECTIVE
DATE.
BUILDING LOCATED ON LOT 2 OF THE 7.0-ACRE SITE WHICH
WHEREAS, on June 18, 1992, the City Council approved Resolution 47, 1992
allowing 33,485 square feet to be used for the manufacture of medical equipment on a
7-acre site to be completed in one phase of development within the NorthCorp PCD;
and
WHEREAS, on November 18, 1992, the City Council approved Resolution 107,
1992 amending the site plan for the Anspach Effort; and
WHEREAS, on September 23, 1997, City staff granted an Administrative
Approval for a 17,032 square-foot Phase II expansion to the building, as well as
changes to the landscape plan, amending the site plan for the Anspach Effort; and
WHEREAS, on November 23, 1999, the Site Plan and Appearance Review
Committee granted approval for the addition of 37 parking spaces on the site, amending
the site plan for the Anspach Effort; and
WHEREAS, on June 5, 2003, the City Council granted approval for the addition
of 37 parking spaces on Lots 1 and 2 of the NorthCorp PCD, amending the site plan for
the Anspach Effort with the adoption of Resolution 98, 2003; and
WHEREAS, the City has received an application from Don Hearing of Cotluer
and Hearing, on behalf of Anspach Holdings, Ltd., for approval of a 17,270 square-foot
building located on Lot 1 of the 7.0-acre site which comprises Lots 1 and 2 of the
NorthCorp PCD, generally located at the southwest corner of the intersection of
Riverside Drive and as more particularly described herein; and
WHEREAS, the subject parcel is currently zoned Planned Community District
(PCD) Overlay with an underlying zoning of Research and Light Industrial Park (Ml)
and a future land use designation of Industrial (I); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended approval; and
Date Prepared: December 20,2004
Resolution 11, 2005
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WHEREAS, on December 14, 2004, the Planning, Zoning, and Appeals Board
recommended approval of the amendment to the previously-approved site plan with a
vote of 7-0; 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, Florida hereby
approves a 17,270-square-foot building, located on Lot 2 of the 7.0-acre site which
comprises Lots I and 2 of the NorthCorp Planned Community Development (PCD), as
more particularly described below:
LEGAL DESCRl PTl ON :
LOT 1, ACCORDING TO THE PLAT OF SOUTHPARK CENTER, AS RECORDED IN
PLAT BOOK 67, PAGES 87 AND 88, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
LOT 2, ACCORDING TO THE PLAT OF WEST PARK CENTER, AS RECORDED IN
PLAT BOOK 67, PAGES 91 AND 92, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORl DA.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers with this approval:
1. Section 78-345 (d)(3) - Increase in Parking Spaces, to allow an additional
51.8% (58 spaces) over the minimum required parking spaces. The Land
Development Regulations allow a maximum 10% over the minimum
required parking spaces.
2. Section 78-344 (I) - Parking Stall and Bay Dimensions, to allow 9.5’ X 18.5’
parking stalls. The Land Development Regulations require a minimum 10’
X 18.5’ parking stall.
3. Section 78-344(h) - Off-street Parking & Loading Entrances and Exits, to
allow for a 30-foot stacking distance at the south entrance. The Land
Development Regulations require a minimum 1 OO-foot stacking distance.
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Date Prepared: December 20,2004
Resolution 11,2005
Section 78-319(2) - Minimum Landscape Buffer, to allow for an overlapping
of easements by more than five (5) feet for required landscape buffers for
the east and west landscape buffers.
Section 78-285, Permitted Signs, Table 24, to allow for the Anspach logo on
the west elevation of the building, not to exceed 24 inches in height.
SECTION 4. Said approval shall comply with the following additional conditions,
4.
5.
which shall be binding upon the applicant, its successors, assigns, andlor grantees:
Citv Enclineer
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Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide written permission from the
easement holder(s) to allow landscaping within the easements in
accordance with LDR Section 78-306. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide an adequate pavement
marking and signage plan acceptable to the City Engineer. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a cross-section detail for the
dry retention pond. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide cross-section details at the
property boundaries, including the roads, conservation easements, and
retention pond for consistency with the plan view and to match existing
conditions. (City Engineer)
The applicant shall provide the City with copies of all permit applications,
certifications, and approvals. (City Engineer)
The applicant shall provide all necessary construction-zone signage and
fencing as required by the City Engineer. (City Engineer)
The applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in PBC Traffic Division equivalency and
concurrency approval letters. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide surety for public infrastructure
and all landscaping and irrigation costs. The required surety shall be based
on a cost estimate for the project, including public infrastructure and all
landscaping and irrigation costs, which cost estimate shall be reviewed and
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Date Prepared: December 20,2004
Resolution 1 1, 2005
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approved by the City. The cost estimate shall be signed and sealed by an
engineer and landscape architect registered in the State of Florida. Surety
will be based on 110% of the total combined approved cost estimates and
shall be posted with the City prior to the issuance of the first land alteration
permit. (City Engineer, Building Department)
9. Prior to construction plan approval and the issuance of the first building
permit, the applicant shall provide a cost estimate for the on-site project
improvements, not includinq public infrastructure, landscaping, and
irrigation costs, for review and approval by the City. The cost estimate shall
be signed and sealed by an engineer registered in the State of Florida and
shall be posted with the City prior to the issuance of the first building permit.
(City Engineer)
IO. The applicant shall comply with all Federal EPA and State of Florida
Department of Environmental Protection NPDES permit requirements,
including, but not limited to, preparation of a stormwater pollution prevention
plan and identification of appropriate Best Management Practices, as
generally accepted by the Environmental Planning Agency (EPA) and/or
local regulatory agencies, for construction activities, submission of a Notice
of Intent to EPA or its designee, implementation of the approved plans,
inspection and maintenance of controls during construction, and submission
of a Notice of Termination. (City Engineer)
11, Prior to issuance of the first land alteration permit, the applicant shall submit
signed, sealed, and dated construction plans (paving, grading, drainage,
and water and sewer) and all pertinent calculations to the City Engineer for
review and comment. (City Engineer)
12. Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall schedule a pre-permit meeting with City
staff. (City Engineer)
City Forester
13. The applicant shall install the Riverside Drive landscaping prior to the
issuance of the first Certificate of Occupancy (CO) for the building within Lot
1 of South Park. (City Forester)
14. The City shall receive documentation from the applicant that the existing
conservation easements on Lot 1 of South Park are abandoned prior to the
issuance of the first clearing permit or land alteration permit for said lot.
(City Forester)
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Date Prepared: December 20,2004
Resolution 11,2005
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15. The conservation easements for the two areas on the site plan labeled
“Proposed Relocated Conservation Easement No. 1 and No. 2” shall be
publicly recorded prior to the issuance of the first clearing permit or land
alteration permit. (City Forester)
16. All the trees within the new conservation easements No. I and No. 2 shall
be protected during construction by barricades acceptable to the City
Forester and the minimum standards described within Section 330 of the
Land Development Regulations. (City Forester)
Police Deroartment
17. Lighting locations shall not conflict with landscaping, including long-term
tree canopy growth. (Police Department)
18. Metal halide lighting shall be used for all street and pedestrian walkways.
(Police Department)
19. Numerical addresses shall be illuminated for nighttime visibility and shall
have bi-directional visibility from the roadways. (Police Department)
Miscellaneous
20. Required digital files of the approved plat in its entirety transformed to NAD
83 State Plan Coordinate System shall be submitted to the Planning and
Zoning Division prior to issuance of the first building permit. Approved civil
engineering as-built design and architectural drawings shall be submitted to
the Planning and Zoning Division prior to issuance of the first Certificate of
Occupancy. (GIs Manager, Development Compliance)
SECTION 5. This approval shall be in compliance with the following plans on file
with the City’s Growth Management Department:
1. Site plan and landscape plans, sheets 1 through 5, prepared by Cotleur
Hearing, last revised on December 1, 2004, and received and stamped by
the City on December 23,2004.
2. Elevations, sheet 4.1, prepared by Alan Strassler, dated December 16,
2004, and received and stamped by the City on December 16,2004.
3. Elevations, sheet 3.1 and 7.1, prepared by Alan Strassler, dated November
16,2004, and received and stamped by the City on November 19,2004.
4. Site Lighting Plan, sheet SL-1, prepared by Romcke Coburn Engineering,
dated November 18, 2004, and received and stamped by the City on
November 19, 2004 (1 sheet total).
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Date Prepared: December 20,2004
Resolution 11,2005
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SECTION 7. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this do7’+ day of ‘zbchcI&cy ,2005.
CITY OF PALXDENS, FLORIDA
ATTEST:
BY:
Patricia Snider, City CIbk
W
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
&%tine P. Tatum, City Attorney
AYE NAY ABSENT 7- VOTE:
MAYOR JABLIN ---
VICE MAYOR RUSSO ---
COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
J
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\\Pbgsfile\Attorneybttorney-share\RESOLUTlONSbnspach - reso 1 1 2005.doc
6
June 2, 1992
June 4, 1992
June 18, 1992
RESOLUTION 47, 1992
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, CREATING A
PLANNED UNIT DEVELOPMENT KNOWN AS "THE
ANSPACH EFFORT" ON LANDS DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO, LOCATED IN THE NORTHCORP
CENTER, A PLANNED COMMUNITY DISTRICT, CREATED
BY ORDINANCE 1, 1990; AND, PROVIDING THAT
SAID PLANNED UNIT DEVELOPMENT SHALL BE
SUBJECT TO THE PLANS, SPECIFICATIONS AND
CONDITIONS SET FORTH HEREIN, WITH AN
UNDERLYING ZONING OF M-1 RESEARCH AND LIGHT
INDUSTRIAL PARK DISTRICT; AND, FURTHER
PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. A Planned Unit Development known as "THE ANSPACH
EFFORT" is hereby created on lands described in Exhibit "A"
attached hereto, located in the NORTHCORP CENTER, a Planned
community District, created by Ordinance 1, 1990. The underlying
zoning for said Planned Unit Development shall be M-1 Research
and Light Industrial Park District.
Section 2. Development of this Planned Unit Development
shall be subject to the plans and specifications and conditions
as hereinafter set forth:
A. Plans and Specifications:
1.
2.
3.
4.
5.
6.
Site Plan prepared by Jones & Song, dated
April 30, 1992, consisting of one sheet
marked Al.
North, South, East and West Elevations,
prepared by Jones & Song, dated April 17,
1992, consisting of one sheet marked AS.
Landscape Plan prepared by The SWA Group,
dated May 1, 1992, and consisting of one
sheet marked LS-1.
Landscape for Phase 2 West Elevation Plan
prepared by the SWA Group dated 6/9/92
consisting of Sheet 1 of 2.
Additional Landscape for East Service Area
Plan prepared by the SWA Group dated 6/9/92 consisting of Sheet 2 of 2.
Landscape Plan at Main Entrance prepared by
The SWA Group dated 6/3/92, consisting of
Sheet 1 of 1.
1
L
B . Conditions :
1.
2.
3.
4.
5.
6.
7.
8.
9.
The five-foot sidewalks proposed on the
subject property along Northcorp Parkway and
Riverside Drive shall be constructed prior to
the issuance of the Certificate of Occupancy.
The property owner or successors and assigns
shall comply with condition 25 of Section 4
as set forth in Ordinance 1, 1990.
The property owner or successors and assigns
shall comply with the Department of
Environmental Regulation's consent order.
All trees designated for preservation that
die during construction or because of
construction practices, shall be replaced
using the following schedule: For every inch
of tree caliper lost, three inches of new
tree caliper shall be replaced of like
specie. The replacement tree shall have a
minimum three-inch caliper diameter.
Prior to the issuance of the Certificate of
Occupancy the Landscape Architect of record
shall certify in writing to the City that the
landscaping has been completed per the
approved landscape plans. Any minor changes
to the approved landscape plans shall be
approved by City Council. Once the City has
the certified letter from the Landscape
Architect, the City Forester shall inspect
the site for compliance. Once compliance has
been confirmed by the City Forester, the City
Building Department shall be notified.
Prior to construction, trees or vegetated
clusters which have been designated for
preservation as per the landscape plan shall
be properly tagged. The vegetation falling
within the drip line of these trees shall be
preserved where desirable. Prior to land
clearing, the developer shall erect and
maintain protective barriers around the drip
line of all trees or vegetated clusters to be
protected. This work shall be inspected and
approved by the City Forester prior to
issuance of any building permit requiring
land clearing. Section 153.50 (Tree
Protection) paragraphs B, C and D shall also
be enforced during construction.
All roof-mounted equipment shall be screened from line-of-sight view.
The approval is for a Light Manufacturing use
only with trip generations based on the
submitted traffic study.
In consideration of an unknown date of
completion of Riverside Drive realignment,
particularly as location of improvements
relate to the East area of the Planned Unit
Development site, petitioner shall, prior to
obtaining a Building Permit for construction,
post a bond or letter of credit guaranteeing
the placement of such improvements within two
(2) years from effective date.
The requisite amount of money therefor shall
2 res47.92
determined by the City Manager.
Permit shall be issued until the bond is
posted.
Prior to the issuance of the Certificate of
Occupancy for Phase I1 or within three (3)
years from the effective date hereof,
whichever occurs first, the Petitioner shall
comply with the landscapefstreetscape
program.
No Building
Section 3. All development under this Planned Unit
Development shall be completed within three (3) years from
effective date hereof.
extension of said time period for no more than one (1) year,
provided a Petition for Time Extension is filed prior to date of
expiration and good cause is established by Petitioner.
The City Council may consider an
Action by the City Council on such a Petition may be taken
without intervention of the Planning and Zoning Commission or
published notice of hearing.
Resolution.
Approval or denial shall be by
Section 4. All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
Section 5. This Resolution shall be effective upon date of
adoption.
INTRODUCED, PASSED AND ADOPTED THIS /.I DAY OF JUNE, 1992. /.:
7
MAYOR MICHAEL MARTIN0
ATTEST:
:4 I ' )* /- I .4 1- ' #:<:./:
LINDA v. KOSIER, CITY CLERK
VOTE : AYE NAY ABSENT -
- -- MAYOR MARTIN0
VICE MAYOR RUSSO - --
COUNCILMAN ALDRED L-- COUNCILWOMAN MONROE - -~ COUNCILMAN KISELEWSKI -
3 res47.92
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ANSPACH BUILDING
PALM BEACH GARDENS, FLORIDA
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Message
Dolores Key
From: Peggy Blackwood [pblackwood@bdb.org]
Sent:
To: Dolores Key
cc: Becky Magaw
Subject: Anspach Effort RIM II Analysis
Thursday, February 02, 2006 3.04 PM
Business Development Board of Palm Beach County, Inc.
Annual Economic Impact Projections for The Anspach Effort
NAlCS 3391 12
Employment
Estimated Payroll
Average Wages
Average Wage as Percent of County's Average
Total Economic Impact
Total Em ploy men t
Total Payroll
Total Output (total annual economic activity)
Average Wages
Average Wage as Percent of County's Average
Page 1 of 1
30
$1,390,440
$46,348
119%
62
$2,307,803
$9,849,040
$37,435
96%
Wages based on Florida Department of Labor 2003 ES-202 program Average county wage = $38,806
Limitations of analysis
Total Economic Impact is an estimated combined effect of a company and the ancillary industries impacted. These projections were calcula
Regional Input-Output Modeling System (RIMS II), multipliers from the year 2004, produced by the US. Department of Commerce, Bureau c
Analysis. Regional multipliers vary as business activity changes, and due to the growth in Palm Beach County since 2004, these projections
underestimates.
Peggy Blackwood
Director of Research
Business Development Board of Palm Beach County
31 0 Evernia Street
West Palm Beach, FL 33401
561 335.1 008 Ext. 41 03
561.835.1 1 60
pblackwood@bdb.org
www.bdb.org
Information has been provided courtesy of the Business Development Board of Palm Beach County Research Department.
This tagline must accompany any and all information provided by the BDB that is duplicated, used andor reprinted in any
capacity.
The BDB is the "Official Economic Development Organization of Palm Beach County" and Enterprise Florida partner
2/2/2006
: I'
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Resolution 20,2006
Proposed Plan PCD Approval per Code
Ordinance 1,1990 Requirement
Use Light Industrial Industrial, Office, PCD and subject
and Office other M-1 uses and to Ordinance 1,
uses under item 21 1990
of condition of
approval
24.5 % Max. 38% da
proposed bldg.
Sq. Ft. on lot 1)
Max. Floor Area Ratio (including the - overall PCD
Max. Lot Coverage 21.5% 37.5% 40% *
Min. Front setback 195’ -Proposed 34.3’ 25’ *
Bldg.
Min. Rear Setback 81.4’ - Proposed da 20’
Bldg.
Min. Side Setback 110.7’ - Proposed da 15’
Bldg.
Max. Bldg. Height/ 52’-11”/ 3 stories 12 stories - lot 1 of 50’ *
Stories south park center
Min. Open Space 42.71% 28 Yo 15% *
* Note: Where there is a difference, the PCD standards as originally adopted in Ordinance 1, 1990
Table 2: Consistency with PCD approval standards and LDRs
Consistency
YES
YES
YES
YES
YES
YES
YES
YES
apply.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 9,2006
Meeting Date: February 16,2006
Ordinance 2.2006
SubjectlAgenda Item:
Second Reading of Ordinance 2,2006 -Award of a seven-year exclusive franchise agreement with
Waste Management, Inc. for Solid Waste, Recycling, and Vegetative Waste Collection Services
[XI Recommendation to APPROVE 1 ] Recommendation to DENY
Reviewed by: 1
Ci
Finance ApatiRiStrator
Submitted by:
Jack Doughney,
Communitv Services
A* City anag r
Originating Dept.:
Community Services
Michael Morrow
Operations Director
Community Services
Advertised:
Date: January IO, 2006
Paper: Palm Beach Post
[ ] Not Required
pffected parties
[ ] Notified -
[ x ] Not required
Costs: $ 1,099,927.60
(Total)
!$ 1,099,927.60
(Current)
Funding Source:
[ x ] Operating
[ ]Other
Budget Acct.#:
001 -0900-51 9.3440
~~
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Ordinance 2, 2006
0 Bid Tabulation
Waste Management,
Inc. Annual Cost
Analysis
RFQI Bid
Documentation
*Proof of Publication
[ ]None
Date Prepared: January 9,2005
Meeting Date: February 16,2006
Ordinance 2,2006
BACKGROUND:
On February 17, 2000, the City Council adopted Ordinance 1, 2000 granting a franchise for Solid Waste,
Recycling, and Vegetative Waste Services for the City to Waste Management, Inc. Ordinance 1, 2000
granted the franchise for a five (5) year period with a renewal clause by mutual agreement for an additional
five (5) year period if desired.
On February 17, 2005, the City Council approved Resolution 31, 2005 providing a six (6) month extension of
the existing agreement for a period not to exceed six (6) months from March 31, 2005 to allow for additional
negotiations. The extended agreement expires on Septem ber 30, 2005.The agreement was extended a
second time on August 18,2005, under Resolution 129,2005 for another six (6) months until March 31,2006
after a request for withdrawal from negotiations was received from Waste Management, Inc.
The City issued a Request for Qualifications and Bid for Solid Waste and Recycling Collection Services on
September 11, 2005. All services provided in the proposed agreement are the same as the existing
agreement (i.e., Manual collection of residential solid waste and recycling, mechanical collection of vegetation,
etc.). The pre-qualification packages for four prospective bidders were opened on November 4, 2005 which
were all deemed qualified by the City’s Selection Committee. The unit price bid package was opened on
November 10, 2005 for the pre-qualified bidders, and Waste Management, Inc. was determined to be the
most responsible bidder by the Selection Committee based on qualifications and cost.
The proposed agreement is for a seven (7) year period beginning April 1,2006. This proposed agreement is
intended to be performance based to assure a quality level of collection services. This allows for the City to
levy charges in the event that the contractor does not meet negotiated thresholds as specified in the
agreement. The City may deduct charges from payments made to the contractor on a monthly basis until their
requirements are met. Additionally, the proposed agreement provides for annual adjustments at 80% of CPI
based on the West Palm Beach area.
Other highlights of this proposed agreement include provision of extraordinary rate adjustment for fuel and
other matters on the basis of extraordinary and unusual changes in the cost of operations that could not
reasonably be foreseen by the contractor. Furthermore, the contractor shall not file for an extraordinary rate
adjustment more than once every twelve (12) months, and no rate change will be granted in the last year of
the agreement.
The proposed agreement also provides roll-off service up to 20 cubic yards with 10 collections at no charge to
the City, and provides increased services to municipal facilities at no cost. Residential solid waste, vegetation
and recycling collection service will remain the same method as in the existing collection agreement. In
addition, the contractor will reimburse the City for printing costs as they relate to solid waste, recycling and
vegetative waste services as public information.
STAFF RECOMMENDATION:
Council approved Ordinance 2, 2006 on first reading on January 5, 2006. Staff recommends approval of
Ordinance 2,2006 on second reading granting a seven-year exclusive franchise to Waste Management, Inc.
for Solid Waste, Recycling, and Vegetative Waste Collection Services.
Date Prepared: November 9,2005
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ORDINANCE 2,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA GRANTING AN EXCLUSIVE SOLID
WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION
SERVICES FRANCHISE TO WASTE MANAGEMENT, INC.;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FRANCHISE AGREEMENT WITH WASTE MANAGEMENT, INC.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 11, 2005, the City issued a Request for Qualifications
and Bid for Solid Waste and Recycling Collection Services; and
WHEREAS, Waste Management, Inc. was determined to be the most responsible,
responsive bidder based on qualifications and cost; and
WHEREAS, the parties desire to enter into a seven (7) year exclusive Franchise
Agreement, which is attached hereto as Exhibit “A and by this reference made a part
hereof; and
WHEREAS, this Ordinance has been posted publicly for a period of thirty (30) days
pursuant to the provisions of Section 18-5 of the Charter of the City of Palm Beach
Gardens; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The City Council of the City of Palm Beach Gardens hereby grants to
Waste Management, Inc. a seven (7) year exclusive Solid Waste, Recycling, and Vegetative
Waste Collection Services Franchise and authorizes the Mayor and City Clerk to execute the
Franchise Agreement on behalf of the City.
SECTION 2. This Ordinance shall become effective immediately upon adoption.
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Date Prepared: November 9,2005
Ordinance 2, 2006
PASS ED this day of , 2006, upon first reading.
PASSED AND ADOPTED this day of ,2006, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
FOR AGAINST ABSENT
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
\\Pbgsfile\Attorneylattorney_share\ORDINANCES\solid waste 2005 -ord 2 2006.doc
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Waste Management, Inc.
Approved Contractor Rate Schedule
Annual Cost Review
Vegetative (1 .OX/wk)
Residential Container Collec
Services FY 2005
I Solid Waste (2xlwk) I 06*386.00
Recycling (1 .OWwk) $7011 79.00
Admin Fee
Total $176.565.00
$1 77,459.00 $1 89,081 .OO
$70,179.00 $88,506.00
$24,585.00 1
$272.223.00 $277.587.00
1
1 .
2 .
3 .
4 .
TERM ............................................................................................................................ 6
DEFINITIONS .............................................................................................................. 6
SERVICES PROVIDED BY CONTRACTOR ......................................................... 10
SOLID WASTE. RECYCLING. AND VEGETATIVE WASTE COLLECTION
SERVICE ..................................................................................................................... 11
A .
B .
C .
D .
E .
F .
G .
H .
I .
J .
K .
Curbside Residential Solid Waste Collection ................................................. 11
1 . Conditions and Frequency of Service .................................................. 11
Curbside Residential Vegetative Waste Collection Services .......................... 12
1 . Conditions and Frequency of Service .................................................. 12
Curbside Residential Recycling Collection Service ........................................ 12
1 . Conditions and Frequency of Service .................................................. 12
2 . Recycling Containers ............................................................................ 13
Container Residential Solid Waste Collection Service ................................... 13
1 . Conditions and Frequency of Service .................................................. 13
Container Residential Recycling Collection Service ....................................... 14
1 . Conditions and Frequency of Service .................................................. 14
Commercial Solid Waste Collection Service .................................................. 14
1 . Conditions and Frequency of Service .................................................. 14
2 . Level, Type, and Disclosure of Rates for Commercial Collection and
Other Services ....................................................................................... 15
a) . Commercial Solid Waste Collection Service ...................................... 15
b) . Disclosure ............................................................................................ 15
Commercial Recycling Collection Service ...................................................... 16
1 . Conditions and Frequency of Service .................................................. 16
2 . Level, Type, and Disclosure of Rates for Commercial Recycling
Collection and Other Service ............................................................... 17
3 . Ownership ............................................................................................ 17
Accessibility ..................................................................................................... 18
1 . Curbside Residential ............................................................................ 18
2 . Container Residential ........................................................................... 18
3 . Commercial .......................................................................................... 18
Method of Payment .......................................................................................... 18
Method of Collection ....................................................................................... 18
Hours of Collection .......................................................................................... 19
2
5 .
6 .
7 .
8 .
9 .
10 .
11 .
12 .
13 .
14 .
15 .
16 .
17 .
18 .
19 .
L .
M .
N .
0 .
Routes and Schedules ....................................................................................... 19
Recycling Containers for Residential Dwelling Units .................................... 19
Materials Recycling Facility ............................................................................ 20
Change in Scope of Recycling Collection Service .......................................... 20
CHARGES. RATES. AND LEVEL OF SERVICES ................................................ 20
A . Solid Waste and Recycling Collection Services ............................................. 20
B . City’s Obligation - Billing. Collection. Payments .......................................... 20
C . Solid Waste Disposal Costs ............................................................................. 21
D . Extraordinary Rate Adjustment ....................................................................... 22
E . Extraordinary Rate Adjustment Fuel ............................................................... 22
F . Annual Rate Adjustment .................................................................................. 22
G . Contract Service Fee ........................................................................................ 22
HOLIDAYS ................................................................................................................. 23
SPECIAL SERVICES ................................................................................................. 23
PUBLIC AWARENESS PROGRAM ........................................................................ 23
MANNER OF COLLECTION ................................................................................... 23
PERSONNEL OF THE CONTRACTOR .................................................................. 24
SPILLAGE .................................................................................................................. 24
SOLID WASTE AND MATERIAL RECYCLING FACILITIES ........................... 24
COLLECTION EQUIPMENT ................................................................................... 25
SPECIAL WASTE. HAZARDOUS WASTE. BIOHAZARDOUS OR
BIOMEDICAL WASTE. AND SLUDGE ................................................................. 25
OFFICE AND EQUIPMENT YARD ........................................................................ 25
COMPLAINTS ............................................................................................................ 26
QUALITY OF PERFORMANCE OF CONTRACTOR ........................................... 26
NATURAL DISASTERS ........................................................................................... 28
UNCONTROLLABLE CIRCUMSTANCES ............................................................ 29
3
20 . PERMITS AND LICENSES ...................................................................................... 29
2 1 . PERFORMANCE BOND ........................................................................................... 29
22 . EMPLOYEE WAGES AND BENEFITS .................................................................. 29
23 . INSURANCE .............................................................................................................. 29
Workers’ Compensation Insurance ................................................................. 30
Liability Insurance ........................................................................................... 30
A .
B .
24 . INDEMNIFICATION ................................................................................................. 30
25 . ACCESS AND AUDITS ............................................................................................ 30
26 . POINT OF CONTACT ............................................................................................... 30
27 . NOTICE ....................................................................................................................... 30
28 . DEFAULT OF CONTRACT ...................................................................................... 31
29 . PUBLIC WELFARE ................................................................................................... 32
30 . RIGHT TO REQUIRE PERFORMANCE ................................................................. 33
3 1 . TITLE TO WASTE ..................................................................................................... 33
32 . GOVERNING LAW AND VENUE .......................................................................... 33
33 . COMPLIANCE WITH LAWS ................................................................................... 33
34 . SEVERABILITY ........................................................................................................ 33
35 . ASSIGNMENT AND SUBLETTING ....................................................................... 33
36 . MODIFICATION ....................................................................................................... 34
37 . INDEPENDENCE OF AGREEMENT 34
3 8 . ANNEXATIONS ........................................................................................................ 34
......................................................................
39 .
40 .
CHANGE OF LAW .................................................................................................... 34
OTHER RATE ADJUSTMENTS .............................................................................. 34
4
4 1 .
42 .
43 .
44 .
45 .
46 .
PUBLIC ENTITY CRIMES ....................................................................................... 34
SUBSTANTIAL COMPLIANCE .............................................................................. 34
COMMUNITY SERVICE .......................................................................................... 34
CONTRACT PREPARATION .................................................................................. 34
FISCAL FUNDING .................................................................................................... 35
COMPETITIVE EQUALITY ..................................................................................... 35
I
I1
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IV
V
VI
VI1
Approved Contractor Rate Schedules ......................................................... 11-1v
Residential Solid Waste Disposal Credit Calculation ...................................... V
Performance Bond Requirement ................................................................... v111
Quarterly Financial Reporting Format ............................................................. IX
Non-Assessed Residential Disposal Compensation Procedure ................. x-x11
Annual Financial Reporting Format ......................................................... VI-VI1
Collection Preparation and Implementation Plan ......................................... x111
5
SOLID WASTE AND RECYCLING
COLLECTION SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of ,2005,
between the CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of
the State of Florida, which municipality is wholly located within the boundaries of Palm Beach County, Florida
(hereinafter referred to as TITY") and WASTE MANAGEMENT INC. OF FLORIDA (hereinafter referred to as
"Contractor").
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration and the mutual promises contained herein, the parties agree as follows:
1. TERM:
This Agreement shall be for the period of seven (7) years commencing on April 1,2006, and expiring March
30, 2012. Nothing herein, however, shall prevent the City and the Contractor from extending this Agreement mutually
agreeable terms for an additional five (5) year term should the City notify the Contractor within twelve (12) months in
advance of the natural expiration date of this Agreement. Any changes to the Agreement must be approved by the City
Council in accordance with applicable ordinance(s).
2. DEFINITIONS:
To the extent the definitions contained herein conflict with similar definitions contained in any federal, state, or
local law, the definitions herein shall prevail. However, nothing contained herein shall be interpreted to require the
Contractor to undertake any conduct, which is contrary to federal, state, or local law.
A. Authority shall mean the Solid Waste Authority of Palm Beach County.
B. Biohazardous or Biomedical Wastes shall mean those wastes which may cause disease or
reasonably be suspected of harboring pathogenic organisms, including, but not limited to, waste
resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which
may consist of, but are not limited to, diseased human and animal parts, contaminated bandages,
pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves.
C. Bulk Trash shall mean any non-vegetative item which cannot be containerized, bagged or bundled,
including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool heaters,
water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar
domestic appliances, household goods, and furniture and shall not be commingled with Vegetative
Waste. There shall be no weight limit for any item of Bulk Trash.
D. Collection shall mean the process whereby solid waste, including, but not limited to, Garbage, Trash,
Bulk Trash, Vegetative Waste, or Recyclable Material is removed and transported to a Designated
Facility.
E. Collection Route shall mean a fvted or customary course of travel assigned to a crew and scheduling
the order of stops from one point to another covering a defined area of territory.
F. Collection Schedule shall mean the day(s) of each week divided into service day halves (AMPM)
pick -up that customers will receive specified collection service.
6
G. Commercial Recycling Collection Service shall mean the Collection of Recyclable Materials by the
Contractor from customers within the Service Area that are not serviced by Residential Recycling
Collection Service.
H. Commercial Solid Waste shall include any Garbage, Bulk Trash, Trash, or Vegetative Waste that is
not Residential Solid Waste. Substantial effort shall be made not to commingle Garbage, Trash, or
Bulk Trash with Vegetative Waste.
I. Commercial Solid Waste Collection Service shall mean the collection of Commercial Solid Waste
within the Service Area. Such service includes both Containers and Compactors, but does not include
Roll-off Collection Services.
J. Compactor shall mean any container, whch has compaction mechanism(s), whether stationary or
mobile, all inclusive.
K. Construction and Demolition Debris (CeLD) shall mean materials generally considered to be not
water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete,
roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a
structure as part of a construction or demolition project. Mixing of a de minimis amount of waste
other than C&D from the construction site will not automatically cause it to be classified as other than
C&D.
L. Container shall mean and include any container typically of one (1) cubic yard capacity or larger
designed or intended to be mechanically dumped into a loader packer type or hoisted onto the bed or
rails of a truck. All Containers must be of standard industry specifications including size(s) and in
common use in Palm Beach County.
M. Container Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor from Dwelling Units in the Service Area that requires the use of
Containers for the collection of Recyclable Materials and which also receive Residential Collection
Service for solid waste, and the delivery of those Recyclable Materials to the Materials Recycling
Facility or designated Solid Waste Authority transfer station. This service shall be considered a
commercial service account for billing purposes whch the Contractor shall invoice monthly.
N. Container Residential Solid Waste Collection Service shall mean solid waste collection service of
all Dwelling Units whose Garbage, Trash, or Bulk Trash is collected by means of a central or shared
Container and not by means of a Garbage Can. Vegetative Waste collection service is not provided.
This service shall be considered a commercial service account for billing purposes which the
Contractor shall invoice monthly.
0. Contract shall mean this Agreement executed between the City and the Contractor for the
performance of the services as provided in this Agreement.
P. Contractor shall mean that person or entity set out initially above that has entered into this
Agreement to provide the services described herein for the Service Area.
Q. Contract Administrator shall mean the person(s) designated by the City who shall act as the City's
representative in the ahstration and supervision of ths Agreement during its term.
R. County shall mean Palm Beach County, Florida.
S. Curbside Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor from all Dwelling Units in the Service Area that also receive Curbside
Residential Solid Waste Collection Service for Solid Waste and other Dwelling Units as are
7
designated by the City, and the delivery of those Recyclable Materials to the Solid Waste Authority’s
Materials Recycling Facility or designated Solid Waste Authority transfer station.
Curbside Residential Solid Waste Collection Service shall mean Residential Solid Waste and
Vegetative Waste Collection service for all Dwelling Units whose Garbage and Vegetation are
collected in separate pick-ups by means of a Garbage Can at curbside or roadway.
T.
U. Department shall mean the Florida Department of Environmental Protection.
V. Disposal Costs shall mean the “tipping fees” and the landfill or processing costs charged to the
Contractor by others for disposal or processing of the waste collected by the Contractor.
W. Designated Facility shall mean a Solid Waste Authority of Palm Beach County-owned or permitted
facility.
X. Dwelling Unit shall mean any type of structure or building unit intended for or capable of being
utilized for residential living other than a licensed Hotel or Motel unit.
Y. Fiscal Year shall mean the period between October 1 of a given year and September 30 of the
following year during thls Agreement.
Z. Garbage shall mean all putrescible waste, whch generally includes, but is not limited to, kitchen and
table food waste, animal, vegetable, food, or any organic waste that is attendant with or results from
the storage, preparation, cooking, or handling of food materials, whether attributed to residential or
commercial activities. Vegetative Waste shall not be commingled with Garbage in the same
collection. Garbage shall not include any material that falls within the defintion of Special Waste.
AA. Garbage Receptacle or Can shall mean a can of rigid plastic or galvanized metal or heavy-duty
plastic bag which when full do not exceed 50 pounds in total weight or 45 gallons in size.
BB. Hazardous Waste shall mean solid waste as defined by the State of Florida Department of
Environmental Protection as a hazardous waste in the State of Florida Administrative Code, or by any
fiture legislative action or by federal, state, or local law.
CC. Hotel or Motel shall mean a structure or building unit(s) capable of being utilized for residential
living where such unit or a group of such units is regularly rented to transients or held out or
advertised to the public as a place regularly rented to transients for periods of seven days or less. To
meet this defintion, the Hotel or Motel must be licensed to operate as such. “Transient” has the
meaning as defined in Chapter 509, Florida Statutes (1987), or its successor law.
Materials Recycling Facility (MRF) shall mean any facilities operated or managed by, for, or on
behalf of or designated by, the City for the purpose of receiving, sorting, processing, storing, and/or
preparing Recyclable Materials for sale, as specifically designated in writing by the Contract
Administrator.
DD.
EE. Mixed Paper shall be defined as a mixture of paper products including magazines, catalogues, phone
books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes, letter paper, junk
mail, notebook paper, and any other clean paper products.
FF. Peak Times shall mean the period between November 1 of a given year and April 30 of the following
year, unless otherwise specified by the City.
GG. Public Awareness Program shall mean that program developed by the City to inform and encourage
residential and commercial solid waste collection customers to use all solid waste and recycling
collection services offered by the City through the Agreement. It shall also mean information
concerning level of service and changes in scope of service.
8
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Recyclable Materials shall mean newspapers (including inserts), aluminum, plastic containers, glass
bottles and jafs, milk and juice cartons, aseptic containers, corrugated cardboard, brown paper bags,
Mixed Paper, tin and ferrous cans, household dry-cell batteries (no wet-cell batteries), and other solid
waste materials added upon Agreement between the City and the Contractor, when such materials
have been either diverted from the remaining solid waste stream or removed prior to their entry into
the remaining solid waste stream.
Recycling Container shall mean a rigid, nestable bin of approximately 18-gallon capacity made of
plastic or other suitable substance that is used for the storage of Recyclable Materials.
Residential Recycling Collection Service shall mean Curbside Residential Recycling Collection
Services and Container Residential Recycling Collection Service.
Residential Solid Waste shall mean Garbage, Trash, and Bulk Trash resulting from the normal
housekeeping activities of a Dwelling Unit, but shall not include Vegetative Waste. Residential Solid
Waste shall also mean Construction and Demolition Debris (C&D) resulting from minor home repair
from the Dwelling Unit, not to exceed five (5) cubic yards of Construction and Demolition Debris
material per collection.
Residential Solid Waste Collection Service shall mean Curbside Residential Solid Waste Collection
Service andor Container Residential Solid Waste Collection Service.
Residential Vegetative Waste shall mean vegetative waste generated from residential property,
occupied by a dwelling unit, within the service area.
Residential Vegetative Waste Collection Service shall mean Curbside Residential Vegetative Waste
Collection Service.
Roll-off Collection Service shall mean the Collection of C&D only roll-off containers, or the
Collection of C&D by other mechanical means, within temporary locations in the Service Area,
limited to new construction sites and remodeling or refirbishment sites. Roll-off Collection Service
shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural
nurseries, but only when the customer chooses to use roll-off containers for horticultural or
agncultural waste, and horticultural and agricultural waste shall not include any other type of waste,
including, but not limited to, Special Waste, Garbage, or Recyclable Material.
Service Area shall mean the area within the incorporated boundaries of the City of Palm Beach
Gardens for which the mandatory solid waste collection and recycling collection program is
administered.
Sludge shall mean a solid, semi-solid, or liquid generated from any waste water treatment plant, water
supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and
related operations, or any other such waste having similar characteristics or effects.
Solid Waste Authority Disposal Facility shall mean place or places specifically managed, operated,
or permitted by the Solid Waste Authority of Palm Beach County.
Special Services shall mean any services requested or required by the customer which are in addition
to, or a change in, Residential Solid Waste Collection Service, Residential Recycling Collection
Service, Commercial Recycling Collection Service, and Commercial Solid Waste Collection Service
as set out or similar to those listed in Exhibit I, attached hereto and by this reference incorporated
herein.
9
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Special Waste shall include, but not be limited to, automobiles, boats, internal combustion engines,
non-automobile tires, Sludge, dead animals, septic tank waste, Biohazardous or Biomedical Waste,
liquid waste, and Hazardous Waste. Special Waste may also include items determined by the
Contract Administrator to be reasonably unmanageable.
Trash shall mean all refuse, accumulation of paper, rags, wooden or paper boxes and containers,
sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than
Garbage, which are usual to housekeeping and to the operation of stores, offices, and other business
places, but shall not include Vegetative Waste.
Uncontrollable Forces shall mean any event, whch results in the prevention or delay of performance
by a party of its obligations under hs Agreement and which is beyond the reasonable control of the
non-performing party. It includes, but is not limited to, fire, flood, hurricanes, earthquakes, storms,
lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.
Universal Container shall mean and include any waste or recycling storage receptacle made of heavy
-duty plastic material and generally sized in 35, 65, 95, and 101 gallon capacities that is dumped by
automated or semi-automated means into a packer or compartmented vehicle body.
Vegetative Waste shall mean any vegetative matter resulting from yard and landscaping maintenance
by any party and shall include materials such as normal and recurring tree and shrub trimming
materials, grass clippings, leaves, pine needles, palm seeds, weeds, palm fronds, tree branches, and
similar other matter usually produced as refuse in the care of lawns, landscaping and yards. Tree limbs
and trunks shall be limited to ten (10) inches or less in diameter. Vegetative Waste, except palm
fronds, must be no more than six (6) feet in length, and no single item shall weigh more than 50
pounds and shall be placed in a City-provided Universal Container if possible. Larger quantities shall
be placed neatly at the curb for collection by special equipment. Natural Christmas trees will be
collected as Vegetative Waste, and any section must not be more than 8 feet in length and must be
under 50 pounds. Vegetative Waste must originate from the residential property at which it is placed
for collection. Vegetative Waste shall not include material generated as the result of a commercial
activity located at a residential property.
City shall mean the City of Palm Beach Gardens, Florida, a municipal corporation.
3. SERVICES PROVIDED BY CONTRACTOR
The Contractor shall provide mandatory Residential Solid Waste, Residential Vegetative Waste, and
Residential Recycling Collection Services in the Service Area. The right to provide such Collection Services in the
Service Area shall be exclusive to the Contractor. The City or its designee will be responsible for the billing and
collection of payments for the mandatory Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Service. The Contractor shall be responsible for the billing and collection of
payments for mandatory Container Solid Waste and Recycling Collection Service.
The Contractor shall provide Commercial Solid Waste Collection Services in the Service Area, which shall be
an exclusive right to the Contractor; subject, however, to the exception for Roll-off Collection Service of Construction
and Demolition Debris under separate annual permits as provided below. The Contractor shall be responsible for the
billing and collection of Commercial Solid Waste Collection Service fees and disposal costs not being billed and
collected by the City or its designee. The Contractor shall also be responsible for billing and collection of Container
Residential Solid Waste and Recycling service fees.
Roll-off Collection Services of Construction and Demolition Debris (C & D) shall not be exclusive to the
Contractor. Notwithstanding any other provision of this Agreement, collection of waste contained in roll-off containers
excluded from Roll-off Collection Services of C & D for businesses in the Service Area is exclusive to the Contractor.
10
No other person or entity except the Contractor may offer or provide Residential Solid Waste Collection
Service, Residential Recycling Collection Service, and Commercial Solid Waste Collection Service in the Service Area.
If the Contractor becomes aware of an entity violating the provisions of this Section, the Contractor should provide
information of the violations to the Contract Ahstrator. Upon review of the information and that of any subsequent
investigation, the City will report its findings and recommended recourse.
The Contractor shall provide Commercial Recycling Collection Services in the Service Area upon request by
the customer or the City, or through the solicitation efforts of the Contractor. Charges for such services are to be
determined between the customer and Contractor based upon the terms of this Agreement. However, Commercial
Recycling Collection Services are not exclusive to the Contractor in the Service Area.
The Contractor shall provide Solid Waste and Recycling Collection services to all property owned, leased,
rented, or controlled by the City, including, but not limited to, those designated by the Contract Administrator if acquired
during the term of the Agreement. These services shall be provided at no charge to the City, to include provision of
Containers, collection service maintenance fees, and roll-off containers of twenty (20) or more yards capacity. The City
will have a maximum limit of ten (10) roll-off pulls per month without limit to size of the roll-off container at no charge.
Additional pulls will be charged at the regular commercial rate.
The Contractor shall use good faith and its best efforts to cooperate with any commercial recycling haulers
providing recycling services to customers in the City.
In order to provide the services, the Contractor shall provide, at its own expense, all labor, insurance,
supervision, machinery and equipment, buildings, trucks, vehicles, a radio compatible with City systems to the City with
all Contractor contacts programmed in the radio at no charge to the City, and any other tools, equipment, accessories, and
items necessary to maintain the hghest quality and level of service standards of solid waste collection and recycling
service set forth herein.
The Contractor shall provide, at no additional cost to the City, a location for receipt and storage of Recycling
Containers. The Contractor shall be responsible for pick up, storage, and distribution of the Recycling Containers
requested by curbside residential customers. Recycling Containers will be ordered from the Solid Waste Authority on
behalf of the City.
4. SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION SERVICES:
Collection services for residential curbside, residential container, and commercial customers provided by
this Agreement shall be set forth in this Section. Curbside Residential Solid Waste shall be by the manual method of
collection effective April 1, 2006, in accordance with the provisions of this Agreement or such other date mutually
agreed to in writing by the parties hereto.
A. Curbside Residential Solid Waste Collection Services: This service is provided to dwellings
wherein Garbage, Bulk Trash, and Trash are placed within six (6) feet of the curb or roadside for
collection by the Contractor. Exceptions to this location for collection apply only to those who
have been qualified as handicapped by the Contract Administrator and those who have contracted
with the Contractor for Special Services. The City or its designee shall be responsible for the
billing and collection of payments from curbside residential customers for this service.
1. Conditions and Frequency of Service: All Curbside Residential Solid Waste shall be
placed in a Garbage Receptacle or Can and placed curbside, as required by the City, for
collection by the Contractor twice each week. The Contractor shall only be required to
collect the contents of Garbage Receptacles or Cans except for Trash and Bulk Trash.
Exceptions to the twice per week collection occur only on permitted holidays or in the case
of a City-declared emergency or disaster. There shall be no less than forty-eight (48) hours
or more than seventy-two (72) hours between regularly scheduled collection days.
Customers are not to commingle Vegetative Waste with Residential Solid Waste; however,
the Contractor may collect moderately commingled wastes at their discretion and shall
11
assume responsibility for disposal at a designated facility. There shall be and is no limit on
the number of Garbage Receptacles or Cans to be collected by the Contractor.
During the Agreement, the entire City will be receiving manual Residential Solid Waste
Collection service. The City Manager or designee, whose decision shall be final, shall
resolve any disputes regarding level of service to be provided by the Contractor.
Trash and Bulk Trash shall also be collected at the curb. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately,
in a non-compacting vehicle, and deliver the item, with every attempt not to release the
CFCs into the atmosphere, to the Authority landfill or to a scrap dealer located in Palm
Beach or Martin County or as otherwise agreed to by the City in writing. Trash Waste is to
be placed in Garbage Receptacles or Cans to the extent practical with Residential Solid
Waste for collection. The total weight should not exceed fifty (50) pounds for a garbage
can. Residents shall not
commingle Trash or Bulk Trash Waste with Vegetative Waste. The Contractor may collect
commingled material and shall assume responsibility for disposal at a designated facility
and notify the Contract Administrator accordingly. Cardboard from move-ins shall be
collected as Bulk Trash on the scheduled vegetation collection day.
There shall be no weight limit for any Bulk Trash item.
B. Curbside Residential Vegetative Waste Collection Services: The City or its designee shall be
responsible for the billing and collection of payments from curbside residential customers for this
service. This service is provided to dwellings wherein properly prepared Vegetative Waste is
placed within six (6) feet of the curb or roadway for collection by the Contractor. There are no
exceptions to the curb or roadside location for collection of Vegetative Waste. Vegetative Waste
collection service shall only be provided in front of the residential unit. The Contractor shall
collect Vegetative Waste from swales and rights-of-way in front of vacant lots in established
neighborhoods; however, such waste shall not include any lot clearing waste.
1. Conditions and Frequency of Service: Curbside Residential Vegetative Waste shall be
collected once each week from all curbside customers. The scheduled day of collection of
Vegetative Waste shall be on a scheduled day of Curbside Residential Solid Waste
Collection each week. Should the scheduled day of Curbside Vegetative Waste Collection
fall on a holiday, collection shall occur on the next scheduled Curbside Residential
Vegetative Waste Collection day. Grass clippings, hedge trimmings, pine needles, palm
seeds, and any other small items, including items that can be cut or broken into smaller
pieces, shall be placed into a garbage can or plastic bags for collection. Large items that
cannot be cut or broken and placed in garbage cans or bags, such as multiple palm fronds
and tree limbs are to be piled up by the curb for collection. The Contractor shall collect
Vegetative Waste properly sized and piled within six (6) feet of the road on the scheduled
collection day unless the pile is tagged for special collection next day. Except for palm
fronds, no single item shall be longer than six (6) feet in length nor weigh more than fifty
(50) pounds. Limbs having a diameter greater than ten (10) inches will not be collected
pursuant to this Agreement. In the event a residential customer has large quantities of
Vegetative Waste for collection on hisiher Vegetative Waste service day, the Contractor
may either collect all of the Vegetative Waste or tag the pile for collection on the following
day, at which time the Contractor shall collect all of the Vegetative Waste. Residential
Vegetative Waste shall be placed in one location in front of residential property for
collection. Multiple locations constitute additional or special services, as further discussed
in Section H of the Agreement. There shall be and is no limit on the number of containers
to be collected per Residential Curbside customer, nor is there a limit on the quantity of
Vegetative Waste to be collected weekly, provided size limitations are met.
12
C. Curbside Residential Recycling Collection Service: The Contractor shall provide Curbside
Residential Recycling Collection Services in the Service Area as provided for within this
Agreement. The City or its designee shall be responsible for the billing and collection of
payments from Curbside Residential customers for these services. Curbside Residential Recycling
Collection Service shall be governed by the following terms and conditions:
1. Conditions and Frequency of Service: The Contractor shall provide Curbside Residential
Recycling Services to all Dwelling Units receiving Curbside Residential Solid Waste
Collection Service located in the Service Area and to other such Dwelling Units as
determined appropriate by the Contract Administrator. This service shall be provided once
every week, unless otherwise specified by the City, on a Scheduled Route basis, which shall
coincide with one of the two regularly scheduled solid waste collection pick-up days
weekly. All Recyclable Materials to be collected shall be in a Recycling Container, with
the exception of cardboard and I or paper bags, and shall be placed within six (6) feet of the
curb, roadway, closest accessible public right-of-way, or such locations agreed to by the
Contractor that will provide safe and efficient accessibility to the Contractor’s collection
crew and vehicle. No Recycle Containers shall be placed next to a mailbox, utility box, or
fire hydrant for collection. The Contractor must collect as many Recycling Containers,
bags, bundles, or flattened cardboard as the customer sets out. Cardboard shall be collected
if flattened and placed next to, on, under, or inside of the Recycling Container. Non-
Recyclable materials placed in Recycling Containers for collection are to be left in the
Container by the Contractor collection crew and tagged with the Contractor’s tag clearly
explaining why the material was not collected.
2. Recycling Containers: The City shall order from the Solid Waste Authority and the
Contractor shall ensure pick up, storage, and distribution of Recycling Containers to each
unit that is to receive Curbside Recycling Collection Service within the Service Area. All
Recycling Containers are the property of the City. However, customers may use their own
additional Recycling Containers or paper bags as long as they are similar and suitable for
the Service.
D. Container Residential Solid Waste Collection Services: The Contractor shall provide Container
Residential Solid Waste Collection Service to all Dwelling Units in the Service Area that is
suitable to receive such service and request such service. Normal Container Residential Solid
Waste Collection Service, not including Bulk Trash collection, shall be twice per week. The
Contractor and the residential complex, in accordance with this Agreement, shall determine the
size and location of the Container and frequency of collection. In case of an unresolved dispute,
the Contract Administrator shall resolve such issue. The Contractor shall invoice the appropriate
containerized unit collection rate, in accordance with Exhibit I, to these accounts monthly. Any
service requested by the residential complex above twice per week for Container Residential Solid
Waste Collection and once per week for Bulk Trash collection, shall also be invoiced directly by
the Contractor in accordance with the commercial solid waste collection rates in Exhibit I. The
Contractor shall be responsible for the billing and collection of payments from Container
Residential customers for this collection service. The frequency of collection of Bulk Trash
outside the Container shall be no less than once per week unless otherwise agreed to by the
customer and approved by the Contract Administrator. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately, in a
non-compacting vehicle, and deliver the item, with every attempt not to release the CFCs into the
atmosphere, to the Authority landfill or to a scrap dealer located in Palm Beach or Martin County.
There shall be no weight limit for any Bulk Trash item.
1. Conditions and Frequency of Service: A minimum of twice per week service is required
of all container residential customers. Such service shall be provided by Container as
defined herein. The size of the Container and the frequency (above the minimum) of
collection shall be determined between the customer and the Contractor. However, size and
frequency shall be sufficient to provide that no Residential Solid Waste need be placed
outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Residential Solid Waste shall be placed in a
Container. Vegetative Waste collection is not included in this service. Containers shall be
placed in an accessible location or at such other single collection point as may be agreed
upon between the Contractor and the customer. All Containers or Compactors shall be kept
in a safe, accessible location agreed upon between the Contractor and the customer. Any
Container or Compactor damaged by the Contractor shall be repaired or replaced by the
Contractor within five (5) business days. All Containers and Compactors provided by the
Contractor shall be in good condition, painted, and neatly labeled with the Contractors
name, phone number, and cubic yard size of the Container.
E. Container Residential Recycling Collection Service will be governed by the following Terms
and Conditions:
1. Conditions and Frequency of Service: The Contractor shall provide this service to
Dwelling Units as are designated by the City and are located in the Service Area and
invoice each account monthly. This service shall be provided at least once every week on a
scheduled- route basis as set out below. If the customer requires additional collections per
week, the customer will be invoiced by the Contractor in accordance with the rates listed in
Exhibit I of the Agreement. All Recyclable Materials, with the exception of cardboard, are
to be collected in a universal type Recycling Container or Container provided by the
Contractor designated for Recyclable Materials which shall be in such location and
collected on a schedule as mutually agreed to by the owner or governing association (of the
multiple family residential complex or development being serviced) and by the Contractor
that will provide safe and efficient accessibility to the Contractor’s collection crew and
vehicle. Cardboard shall be collected if placed next to, on, or inside of the Recycling
Container or Containers. If there is a large amount of cardboard placed outside of the
Container, often an alternate, larger Container shall be provided, upon agreement by the
customer and the Contractor. In the event an appropriate location cannot be agreed upon,
the Contract Administrator shall mediate the dispute and designate the location for pick-up.
F. Commercial Solid Waste Collection Service: The Contractor shall collect and dispose of all
Commercial Solid Waste in the Service Area, except Special Waste. Such Commercial Collection
Service shall be governed by the following terms:
1. Conditions and Frequency of Service: A minimum of once per week service, or as
otherwise provided by law, is required of all customers. Such service shall be provided by
Container as defined herein. However, where a customer generates less than one (1) cubic
yard of waste per week, alternate Universal Containers may be utilized. Commercial
Customers utilizing a Universal Container provided by the Contractor shall be charged one-
half the per-cubic-yard collection rate as established in Exhibit I and one-half the per-cubic-
yard rate for disposal for each Container. The size of the Container and the frequency of
collection shall be determined between the customer and the Contractor. However, size and
frequency shall be sufficient to provide that no Commercial Solid Waste need be placed
outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Commercial Solid Waste shall be placed in a
Universal Container, Container, or Compactor. Vegetative Waste shall not be commingled
with Garbage. When Vegetative Waste is placed in a Container (not loose or in a Roll-off
or a Compactor), the Contractor may charge 1.5 times the commercial collection rate as set
out in Exhibit I. Where Universal Containers are used, they shall be placed at an accessible
14
location or at such other single collection point as may be agreed upon between the
Contractor and the customer. All Containers or Compactors shall be kept in a safe,
accessible location agreed upon between the Contractor and the customer. Any Universal
Container, Container, or Compactor damaged by the Contractor shall be repaired or
replaced by the Contractor within five (5) business days. Compactors may be obtained by
customers from any source, provided that such Compactor must be of a type that can be
serviced by the Contractor’s equipment, and the customer shall be completely responsible
for its proper maintenance and replacement. Compactor frequency of collection shall be
sufficient to contain the waste without spillage. All Containers and Compactors provided
by the Contractor shall be in good condition, painted and neatly labeled with the
Contractor’s name, phone number, and size of Container in cubic yards, placed on the front
of the Container and side of Compactors.
2. Level Type and Disclosure of Rates for Commercial Solid Waste Collection and Other
Services:
a. Commercial Solid Waste Collection Service: The Contractor shall only charge
rates as set out in Exhibit I or as otherwise allowed by this Agreement. A written
agreement between the Contractor and the customer shall be required and entered
into regarding the level and type of service to be provided and manner of collection
of fees. The Contractor may not bill the customer more than thirty (30) days in
advance unless otherwise requested by the customer. The terms and conditions of
such agreement shall be in compliance with all provisions of this Agreement, and the
term shall not extend beyond the initial term of this Agreement as stated in Section 1.
The customer shall subscribe to a level of service sufficient to meet the needs of the
customer in a sanitary and efficient manner. However, upon failure of the parties to
reach such an agreement, the Contract Administrator or designee shall establish the
level and type of service to be provided, including the location, size of the Container,
number of pick-ups per week, and the “TOTAL RATE” to be charged within the
approved rate limits contained in Exhibit I. The Contractor will be responsible for
the billing and collection of Commercial Solid Waste Collection Services, disposal-
tipping fees, special fees, and Container maintenance charges, except as otherwise
provided in this Agreement.
b. Disclosure: The Contractor shall provide the customer an annual disclosure
statement in October of each year of the term of this Agreement, including the
following language:
REGULATION BY THE CITY OF PALM BEACH GARDENS
The terms and conditions of this Commercial Solid Waste and Recycling Collection Service Agreement are
regulated by an exclusive Agreement granted by the City of Palm Beach Gardens. Should the customer have any
questions relating to the terms and conditions of this Agreement, the customer may call the Contract Administrator
at (561) 775-8274.
COMMERCIAL COLLECTION CONTAINERS
The commercial collection Container shall be of a type that can be serviced by the Contractor’s collection
equipment. The customer may either purchase the commercial collection Container from any source or request such
Container from the Contractor at the maintenance rate as approved by the City, provided that such Container can be
serviced by the Contractor’s collection equipment. If the customer chooses to use a Compactor, the customer may
rent, lease, or own the Compactor from any source, provided that the Compactor can be serviced by the Contractor’s
collection equipment. Commercial collection Containers and Compactors shall be maintained in a serviceable, safe,
and sanitary condition by the owner of the Container or Compactor. However, damage caused by the Contractor to
a customer-owned Container or Compactor shall be repaired at the cost of the Contractor.
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SPECIAL SERVICES
If the customer requests, the Contractor is required to provide special services for collection of solid waste,
such as rolling Containers out of storage areas, opening doors or gates for access, or other such special services.
However, such special services may be provided by the customer, through its own or other personnel. If the
Contractor provides special services, such charge must be separately stated under the “RATES FOR SERVICES”
disclosure statement. The City of Palm Beach Gardens fixes the maximum for these special service rates. A copy
of these rates can be obtained from the Contractor or Contract Administrator.
RATES FOR SERVICE
April 1, (year) - March 30, (year)
Name of Contractor Name and Address of Customer
The total RATES for this Commercial Solid Waste and Recycling Collection
Service are as follows:
Total Monthly Cost:
*There is no charge for the disposal of Recyclable Materials for processing.
THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED
BY THE CITY OF PALM BEACH GARDENS. SHOULD YOU HAVE ANY QUESTIONS
RELATING TO THESE RATES, PLEASE CALL THE CITY OF PALM BEACH GARDENS
AT (561)775-8274.
The “RATES FOR SERVICES” statement shall incorporate or have attached a rate schedule which
specifies the Collection Rate based on the size of the Container and the frequency of service: TYPE indicating
whether the Container is for Solid Waste or Recycling; DISPOSAL based on a cost per cubic yard; CONTAINER
MAINTENANCE expressed in a monthly flat rate based on the size of the Container; and the cost per month for
each SPECIAL SERVICE REQUIRED BY THE CUSTOMER. The notification shall specify the size of the
Container and the frequency of collection of each Container for each business, distinguishing between solid waste
and recycling collection service. The notification shall specify the address where the business is located. The
notification shall itemize each cost individually. A sample notification shall be approved by the Contract
Administrator or his designee before distribution to the customer. Each disclosure statement to be provided annually
to the customer by the Contractor will also be prepared in duplicate, with a copy being provided to the City.
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G. Commercial Recycling Collection Service: The Contractor shall provide Commercial Recycling
Collection Services on behalf of the City for any business in the Service Area where the City has
arranged, negotiated, or contracted for such service, and Contractor shall have the right to solicit
Commercial Recycling Collection Service agreements with any business in the Service Area upon
terms and conditions consistent with this Agreement. However, this service is not exclusive to the
Contractor.
1. Conditions and Frequency of Service: The Contractor shall provide Commercial Recycling
Collection Services to all business or commercial entities located in the Service Area resulting
from its own solicitation, by request of the customer, or where a contract meeting the terms
and conditions of the Agreement is arranged by the Contract Administrator or designee. The
size and frequency of service of the Container designated for Recyclable Materials shall be
determined and agreed to by the customer and the Contractor. However, size and frequency
shall be sufficient to provide that no Recyclable Materials need be placed outside the
Container. Storage capacity shall be suitable for the amount of recyclable materials generated
by the customer. The Contractor shall provide Bulk Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible for
its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. Compactors may be obtained by customers from any
source, provided that such Compactor must be of a type that can be serviced by the
Contractor’s equipment, and the customer shall be completely responsible for its proper
maintenance and replacement. Compactor frequency of collection shall be sufficient to
handle the waste generated. All Commercial Recyclable Materials shall be placed in a
Container, Compactor, or other acceptable Recycling Container. All Bulk Containers and
Compactors provided by the Contractor shall be in good condition, painted and neatly labeled
with the Contractor’s name, phone number, and size of Container in cubic yards.
Recyclable Material shall not be commingled with other solid waste. Where Recycling
Containers or Universal Containers are used, they shall be placed at an accessible location or
at such other single collection point as may be agreed upon between the Contractor and the
customer. All containers shall be kept in a safe, accessible location agreed upon between the
Contractor and the customer. Any Container or Recycling Container damaged by the
Contractor shall be repaired or replaced by the Contractor within five (5) days.
2. Level, Type, and Disclosure of Rates for Commercial Recycling Collection and Other
Services: A written agreement between the Contractor and the customer shall be entered into
regarding the level and type of service to be provided and manner of collection of fees. The
terms and conditions of such agreement shall be in compliance with all provisions of this
Agreement, and the term shall not extend beyond the term of this Agreement as stated in
Section 1. The customer shall subscribe to a level of service sufficient to meet the needs of
the customer in a sanitary and efficient manner. However, upon failure of the parties to reach
such an agreement, the Contract Administrator or designee, at the election of the customer,
and Contractor may establish the level and type of service to be provided, including the
location, size of the Container, and number of pick-ups per week and the “TOTAL RATE” to
be charged within the approved rate limits contained in Exhibit I. The Contractor will be
responsible for the billing and collection of payment for Commercial Recycling Collection
charges, except as otherwise provided in this Agreement. In the event the customer cancels
a contract with the Contractor for Commercial Recycling Collection Services, the Contractor
is not obligated to provide Commercial Recycling Collections at the rates set forth in Exhibit
I. Upon cancellation, the Contractor shall provide a written explanation to the City for the
cancellation. The Contractor shall allow the customer three (3) days to rescind the
cancellation after the written notification is provided. To the extent that a customer who
canceled Commercial Recycling Collection Services subsequently requests such service, the
Contractor may negotiate a separate rate with the customer for such service.
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3. Ownership: Notwithstanding any other provision of this Agreement, a commercial generator
of Recyclable Materials retains ownership of those materials until he/she/ or it donates or
sells, or contracts for the donation or sale of those materials to another person or entity.
Nothing in this Agreement shall prevent a person or entity engaged in the business of
recycling, whether for profit or nonprofit, from accepting and transporting Recyclable
Materials, under contract with a commercial generator, from such commercial generator when
such Recyclable Materials have been purchased from or donated by the commercial generator
and no charge is made to or paid by the commercial generator for the loading, collection,
transporting, or removal of such Recyclable Materials. Provided however, that the transporter
must report such information to the City as may be necessary for the documentation of state-
mandated recycling or reduction goals.
H. Accessibility: Placement of garbage cans, bags, or Universal Containers and bulky (large
quantities) Vegetative Waste for collection will provide for safe and efficient access to the
Contractor's crew and vehicle, avoiding utility lines and boxes, mailboxes, fences, and
overhanging trees.
1. Curbside Residential Solid Waste, Vegetative Waste, and Recycling to be collected curbside
must be placed within six (6) feet of the curb, paved surface of the public road, closest
accessible public right-of-way, or such other location agreed to by the Contractor. In the
event there is insufficient space between the curb and sidewalk for placement of Universal
Containers or Vegetative Waste, alternatively they will be collected within two (2) feet of the
sidewalk. For purposes of this Agreement, public road or public right-of-way means a road
owned and maintained by the County, State, or City, or a road on private property for which
an easement or right-of-entry agreement has been granted to the public, and such road is
constructed and maintained to a standard whereby access is available by the Contractor's
collection vehicle. Curbside Residential Solid Waste, Vegetative Waste, and Recycling will
be collected at only one location on a residential property. Additional stops for collection, as
on two sides of a corner lot, are considered a special service requiring an additional rate to be
negotiated with the Contractor. All disputes herein shall be resolved by the Contract
Administrator, which shall be binding upon the parties.
2. Container Residential Solid Waste and Recycling Containers will be kept in a location agreed
upon by the customer and the Contractor, and such location shall provide safe and efficient
access to the Contractor crew and vehicle. Cardboard shall be collected if placed next to, on,
or inside the Recycling Container. If there is frequently a large amount, an alternate, larger
container shall be provided upon agreement by the customer and Contractor. In the event an
appropriate location cannot be agreed upon, the Contract Administrator shall mediate the
dispute and designate the location for collection.
3. Commercial Solid Waste and Recycling Container shall be kept in a safe, accessible location
agreed upon between the customer and the Contractor.
I. Method of Payment: The City or its designee will be responsible for the billing and collection of
payments for Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Services. Payments from the City to the Contractor
will be done and paid no later than the tenth (10") day of the month following service. The
collection service rate per unit per month shall be as set out in Exhibit I, which may be modified
from time to time but not more frequently than annually, pursuant to the provisions for an
Extraordinary Rate Adjustment as provided herein or as otherwise agreed to by the City. The
Contractor shall be responsible for billing and collection of payments for Container Residential
Solid Waste and Recycling Collection Services as well as Commercial Solid Waste and Recycling
Collection Service, not to exceed the rates as set out in Exhibit I. The rates set out in Exhibit I
shall be adjusted only as necessary in subsequent years pursuant to the provisions for an
Extraordinary Rate Adjustment, as provided herein, or as otherwise agreed to by the City. The
Contractor may be asked to bill the City or the customer for all or a part of the Containers used
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by the customer for Commercial Recycling Collection Service, at the rate set out in Exhibit I,
as determined by the Contract Administrator.
J. Method of Collection: The Contractor shall provide enclosed packer loader-bodied vehicles
equipped for manual collection of Curbside Residential Solid Waste and Vegetative Waste. The
Contractor shall use collection equipment no older than seven (7) years at any time during the term
of this Contract. Bulk Trash and large quantities of Vegetative Waste that cannot be containerized
shall be collected by means of manual rear load packer vehicles or open box vehicles equipped
with grapples for loading the waste into the vehicle container. Compartmented bodied vehicles
equipped for manual and semi-automated loading and lifting shall collect curbside and Container
Residential Recycling. Two (2) compartments are required to collect and transport two (2) streams
of recyclables; containers such as glass bottles and jars, plastic bottles and aluminum cans; and
fiber such as newsprint, magazines, catalogues and properly-sized cardboard. Items to be collected
as part of the Solid Waste Authority recycling program may be adjusted from time to time during
the term of this Agreement.
Commercial and Container Residential Solid Waste shall be collected by enclosed loader packer
bodied vehicles or by roll-off type vehicles servicing stationary compactors or open top container.
All collection equipment shall be equipped and operated in such a manner as to avoid, at all times,
spilling, dropping, or blowing contents out of the vehicle or hopper onto public or private property
to include all roads, streets, highways, and right-of-ways.
Recycling Containers shall be ordered by the City from the Solid Waste Authority and distributed
by the Contractor. The City will order Recycling Containers for distribution by the Contractor
according to requests made through the City customer service office. Pick up, inventory and
distribution of Recycling Containers shall be the responsibility of the Contractor.
K. Hours of Collection: Collection Services shall not be provided in the Service Area except
between the hours of 7:OO a.m. and 6:30 p.m., Monday through Saturday. The Contract
Administrator shall resolve collection schedule disputes between the customer and Contractor.
The Contract Administrator may restrict the hours of service to nonresidential customers if in
hisher judgment disturbance complaints warrant such action. Hours of collection may be
extended or temporarily stopped due to extraordinary circumstances or conditions with the prior
consent of the Contract Administrator.
L. Routes and Schedules: The Contractor shall provide and keep current with the Contract
Administrator or designee, in a format acceptable to the Contract Administrator, an up-to-date
route schedule map for all Residential and Commercial Collection Service routes and schedules.
The Contractor shall immediately notify the Contract Administrator in writing of any proposed
change in any route schedule three (3) weeks prior to the proposed change for review and approval
by the Contract Administrator. In the event of a permanent change in the routes or schedules that
will alter the pick-up day, the Contractor shall immediately notify the affected customer in writing
or other method approved by the Contract Administrator, not less than two (2) weeks prior to the
change, at no cost to the City and the customer. Notification to the customer includes any day
changes prior to the beginning of this Agreement. Notification to Curbside customers shall be
done twice - once two (2) weeks prior to the change and once one (1) week prior to the change.
The City reserves the right to deny the Contractor’s vehicles access to certain streets, alleys, and
public ways inside the City enroute to the disposal site where it is in the interest of the general
public to do so because of the condition of the streets or bridges. The Contractor shall not
interrupt the regular schedule or quality of service because of street closures of less than eight (8)
hours in duration. The City shall notify the Contractor of street closures of longer duration and
arrangements for service will be made in a manner satisfactory to Contractor and the City.
The Contractor understands and agrees to the fact that at times during the year the quantity of solid
waste to be disposed may be increased by the influx of visitors. This additional load will not be
justification for the Contractor to fail to maintain the required collection schedules and routes.
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M. Recycling Containers for Residential Dwelling Units:
1. The City shall order and the Contractor shall pick up and distribute to each residence(s) within
the City a minimum of two (2) containers for Recyclable Materials to be collected. All
Recycling Containers are the property of the City. Any Containers distributed prior to the
commencement of this Agreement provided by the Contractor shall also become the property
of the City on the date of commencement of this Agreement. The Contractor shall maintain
an adequate supply of Containers to provide for new residents and replacements for existing
residents.
2. The Contractor will repair or replace at its expense any Container or Recycling Container
damaged through the fault or negligence of the Contractor or its employees. The Contractor
shall deliver replacement Containers or Recycling Containers within forty (48) hours of a
request.
3. The Contractor shall promptly deliver replacement Recycling Containers, or Containers
damaged by its employees, or when notified by the Contract Administrator or designee, or the
occupant of a Dwelling Unit where a Recycling Container or Container is damaged or
missing, and shall report monthly all such replacements to the City. The Contractor shall also
promptly deliver Recycling Containers, or Containers as requested by the City on behalf of
the residential customers for the purpose of excess Recyclable Materials or for new residential
customers within five (5) business days of the request by the customer or the City.
N. Material Recycling Facility: The Contractor shall deliver all Recyclable Materials collected
from the Service Area to the Solid Waste Authority Materials Recycling Facility (MRF) or facility
designated, in writing, by the Contract Administrator.
0. Change in Scope of Recycling Collection Service: From time to time, at the sole option of the
City, it may be necessary to modify the scope of Recyclable Materials or the method of collecting
recyclables that will be included in the Recycling Collection Service. Should this occur, the City
and the Contractor agree to enter into good faith negotiations to amend this Agreement to reflect
the impact of any such modification.
5. CHARGES, RATES, AND LEVEL OF SERVICES:
A. Solid Waste and Recycling Collection Rates: Charges for all Collection services performed by the
Contractor pursuant to this Agreement shall be based on the rates established in Exhibit I, and as may
be subsequently adjusted pursuant to the provisions for Extraordinary Rate Adjustment and
Extraordinary Rate Adjustment - Fuel, as provided herein in this Agreement or as otherwise agreed to
by the City. The Contractor shall supply the City with such information as determined to be necessary
to make the calculations to determine the rate adjustment in accordance with the Agreement. No
change in rates, as provided by thls Agreement, shall be made without the approval of the City
Council. Extraordinary Rate Adjustments and CPI adjustments shall be effective on the following
anniversary date of the Contract and Extraordinary Rate Adjustments - Fuel shall be effective the
following quarter, unless otherwise mutually determined by the City and the Contractor.
An income and expense statement stating gross revenues paid to the Contractor and expenses for the
collection and recycling services and the cost of operations provided under this Agreement, as well as
disposal fees paid to the Authority, shall be prepared by the Contractor in accordance with generally-
accepted accounting principles for each month during the term of this Agreement. The quarterly
statement shall be submitted forty-five (45) days after the reported month and shall be in a format
similar to that as set out in Exhibit V, attached hereto and by thls reference incorporated herein, as
may be further revised by the Contract Administrator from time to time. The quarterly franchlse fee
payment shall accompany this report.
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Within one hundred twenty (120) days after the end of the Contractor’s fiscal year, the Contractor shall
deliver to the City, in a format as shown in Exhibit 111, attached hereto and by this reference
incorporated herein, as may be hrther revised by the Contract Administrator from time to time, an
Audited Financial Statement including, at a minimum, a Balance Sheet and an Income Statement
representing the financial position and the Results of Operations, respectively, of the Contractor for
the Service Area. The report must include the opinion of a Florida Certified Public Accountant, who
has conducted an audit of the Contractor’s books and records in accordance with generally-accepted
auditing and accounting principles and standards, which include tests and other procedures necessary,
that the Financial Statements are fairly presented, in all material respects, in conformity with
generally-accepted accounting principles.
B. City’s Obligation, Payments:
1. The City will be responsible for payments for those units included in the City’s mandatory
Curbside Residential Solid Waste and Vegetative Waste Collection Services and the Curbside
Residential Recycling Collection Services programs. The City shall make monthly payments in
arrears to the Contractor for curbside residential collection pursuant to thls Agreement. The
Contractor shall be entitled to payment for the collection services specified here irrespective of
whether or not the City collects from customers for such services. Payments from the City to the
Contractor will be due and paid no later than the tenth (lo*) day of the month following the
month during whch services were rendered.
On or before April 1, and before commencement of work by the Contractor under the terms of
this Agreement, the City or designee shall provide to the Contractor the estimated total number of
units to be serviced including container residential units. By November 1 of each Fiscal Year, the
City or its designee shall provide to the Contractor a copy of the annual tax roll providing a listing
of all the units to receive these services. Thereafter and for the duration of ths Agreement, the
City or designee shall notify the Contractor monthly of new residential units to be served and/or
deleted, and payments will be adjusted accordingly. New Dwelling Units, which are added for
collection service during the City’s Fiscal Year, will be added to the customer service list, and
payment for said services will be paid by the City to the Contractor in the Contractor’s monthly
payment. Payment will commence the first day of the month following the issuance of a
certificate of occupancy (“CO’). The payments fiom the City to the Contractor for units added
by CO are paid no later than the tenth (IO”) day of the month. After the first year of the
Agreement, the Dwelling Unit becomes part of the total number of the subsequent year’s total
number of units, provided annually to the Contractor on or before October 1. Reconciliation will
occur every year in January based solely on units listed in the tax roll plus units issued COS since
January of the previous year. The Contractor is responsible for the billing and collection for
collection services provided to container residential customers.
2. In the event the Contractor provides service to Dwelling Units whose parcels were not included
on the annual tax roll provided by the City, the Contractor must provide a written list of such
Dwelling Units and the length of time for which service was provided to the Contract
Administrator with ninety (90) days of receipt of the tax roll or monthly notice of new
occupancy is received. Upon receipt of such written list by the City, the Contract Administrator
will verify the customer address and that service to the unit is proper within thirty (30) days, and
if proper, shall remit monthly payments to the Contractor for such service effective as of October
1 of that Fiscal Year or the date service began, whichever is earlier, but for no period more than
ninety (90) days in arrears. If the City has not received notification within ninety (90) days by the
Contractor, no adjustments to payment will be made until the next Fiscal Year annual roll is
certified for the same units. However, the City reserves the right to correct any errors of omission
or commission per the laws and rules that govern the City. In the event the City pays the
Contractor for a residential unit in error for whatever reason, the Contractor shall notify the
Contract Administrator. Upon determination of any overpayment, the Contract Administrator
will verify the error and make appropriate adjustment to the Contractor’s payment to correct the
error.
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C. Solid Waste Disposal Costs: Collection service costs and solid waste disposal costs shall be treated
separately for the Residential Solid Waste Collection Services being provided pursuant to this
Agreement. The Contractor's payments for collection are set out in Exhibit I as adjusted annually.
Residential and commercial solid waste disposal costs shall be separated from Residential and
Commercial Collection Service costs as shown in Exhlbit I. Residential disposal costs will be part of
the special assessment billed by the Solid Waste Authority of Palm Beach County (Authority) except
as otherwise provided in this Agreement. The Contractor will be given a disposal credit for each
residential unit as calculated by the Authority annually as shown in Exhibit I. The non-assessed
portion of the commercial disposal costs will be part of the service charge billed by the Contractor.
The Contractor shall pay the Authority for all solid waste disposal costs incurred for disposing of all
solid waste at the Authority's Disposal Facilities, except for the portion of disposal costs, which have
been separately credited by the City. The City accepts no responsibility or financial liability for
quantities of Residential Solid or Vegetative Waste required to be collected pursuant to the terms and
conditions of this Agreement.
The City will pay the Contractor, on a quarterly basis pro-rated, fees for new residential units issued a
CO. Pro-rated disposal fee calculations shall be paid by the City to the Contractor for non-assessed
residential unit disposal fees in accordance with the provisions in Exhibit VI, attached hereto and by
thls reference incorporated herein.
D. Extraordinary Rate Adjustment (ERA): The Contractor may petition the City no more than once a
year as provided for below for an additional rate adjustment on the basis of extraordinary and unusual
changes in the cost of operations, excluding fuel, which could not reasonably be foreseen by a prudent
operator. The Contractor's request shall contain substantial proof and justification, as determined by
the City, to support the need for the rate adjustment. The City may request from the Contractor, and
the Contractor shall provide, such further information as may be reasonably necessary in malung its
determination. The Contractor shall submit for an extraordinary rate adjustment within twelve (12)
months of the event(s) necessitating the adjustment, but not before January 3 1 or later than March 3 1
of any calendar year. The City shall approve or deny the request, in whole or in part, within sixty (60)
days of receipt of the request and all other additional information required by the City. The Contractor
shall supply the City with such information as may be necessary to make the calculations to determine
the rate adjustment in accordance with the Agreement. No change in rates, as provided by this
Agreement, shall be made without the approval of the City Council. Rate adjustments shall be
effective the following October 1, unless otherwise mutually agreed by the City and the Contractor.
No adjustment may be requested nor will one be granted during the last year of the Agreement. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein. The Contractor's base costs for the ninety (90) days preceding the Agreement
start date for any items included in an Extraordinary Rate Adjustment must be submitted as part of a
request for adjustment.
E. Extraordinary Rate Adjustment - Fuel (ERA-Fuel): The Contractor may petition the City for an
additional rate adjustment on the basis of extraordinary and unusual changes in the cost of fuel, which
could not reasonably be foreseen by a prudent operator. Contractor shall submit, to the City Finance
Administrator, a fuel supply agreement for diesel and gasoline in addition to a purchase invoice
showing actual price per gallon within thirty (30) days of the start of collection services. Quarterly
thereafter during the term of the agreement the Contractor may submit to the City Finance
Administrator a fuel surcharge invoice or credit for fuel purchases for the past quarter to support a
request for a rate adjustment on the basis of fuel costs. Such invoices must be presented in
spreadsheet format showing dates of purchase, gallons purchased, unit prices of each purchase,
total route gallons used and route miles driven and total change in base cost of fuel (increase or
decrease) during the period. A copy of any change in fuel purchase agreement, copies of all paid
receipts for fuel purchases shall also be included. Base cost is the first fuel receipt submitted at
start-up.
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The City will review the request and supporting documentation. Additional information may be
requested by the City to further support the request. Within thirty days the City will notify the
Contractor of the amount of payment to be made to the Contractor, credit due the City from the
contractor or no change from the previous quarter thus no payment due from either party. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein
F. Annual Rate Adjustment: On a yearly basis and commencing on April 1, 2007, and every year
thereafter that this Agreement is in effect and subject to the limitations provided above, the Contractor
shall receive a standard rate adjustment for all collections made hereunder, as set forth in Exhibit I of
this Agreement, except for Construction and Demolition Debris which is subject to a separate annual
Roll-off Collection Permit.
G. Contract Service Fee: To compensate the City for the cost of administration, supervision, and
inspection rendered for the effective performance of this Agreement, as well as other costs related to
Collection, the Contractor shall pay to the City a fee of five percent (5%) of all gross revenues billed
arising out of any services or operations conducted in the Service Area. Solid waste disposal costs
paid by the Contractor to the Authority under this Agreement shall be deducted from the gross
revenue total prior to applying the 5% for calculation of the Contract Service fee due to the City.
Contract Service fees for each calendar quarter shall be payable withm forty-five (45) days following
the last day of such calendar quarter. A late charge of one and one-half percent (1.5%) of the monies
due for the Contract Service fee shall be calculated monthly until payment is received.
6. HOLIDAYS: The Contractor shall not be required to collect Commercial Solid Waste, Commercial Recycling,
Residential Solid Waste, Vegetative Waste, and Residential Recyclable Material or maintain office hours on
Thanksgiving Day and Christmas Day. Residential Solid Waste, Recyclable Material, and Vegetative Waste
not collected on Thanksgiving Day and Christmas Day shall be collected on the next scheduled service day.
The Contractor shall not be required to maintain office hours on Memorial Day, Labor Day, Independence Day,
New Year’s Day, Thanksgiving Day, and Christmas Day. However, on all holidays except Thanksgiving Day
and Chnstmas Day, the Contractor shall provide for operations personnel to accept calls from the City and the
Contractor’s customers.
7. SPECIAL SERVICES: Where the resident of a dwelling unit is physically unable to deliver Residential Solid
Waste, Vegetative Waste, or Residential Recycling to the curbside and is qualified as disabled by the Contract
Administrator an alternative location may be arranged between the customer and the Contractor at no extra cost
to the resident. The Contract Administrator shall resolve any dispute by designating the alternate location. If a
residential structure is located in such a manner as to provide non-accessibility to the Contractor’s crew or
vehcle, an alternate may be arranged between the customer and the Contractor at no cost to the resident. The
Contract Administrator will resolve any dispute.
Rates charged for Special Services may not exceed the Special Service Rate listed in Exhlbit I. If the Resident
requests Special Services, such as back-door service (off-curb service), these services shall be billed directly to
the customer by the Contractor in accordance with Exhibit I; such charges shall then be established through
negotiations between the Contractor and the customer. In the event the customer and the Contractor cannot
reach an agreement on the cost, the Contract Administrator shall determine the cost. Any special service(s)
negotiated between the Contractor and a customer shall be in the form of a written agreement and signed by
both parties. The Contractor shall provide a copy of this agreement to the Contract Administrator within five
(5) days of the execution of the agreement.
8. PUBLIC AWARENESS PROGRAM: The Contractor shall assist the City with any Public Awareness
Program to inform residential and commercial customers of the requirements for the solid waste, vegetative
waste and recycling collection program, which shall include, but not be limited to, brochures and other
materials approved by the City as well as by distributing door hangers, stickers, flyers, or other medium for
distribution to residential and commercial customers as requested by the City. The City and the Contractor will
share responsibility for the promotion of the recycling programs. The City and the Contractor will cooperate in
the design of promotional events and educational programs and the preparation of the above referenced
23
promotional materials. However, the City's contribution shall be subject to budget, review, and approval by the
City. The Contractor will distribute written service information to the residential participants on a periodic
basis. The Contractor further agrees to conduct presentations for schools, civic groups, homeowners
associations, and other appropriate citizens groups. Contractor financial responsibility will be limited to
reimbursing the City for its commercial printing costs for printed informational materials regarding the Solid
Waste and Recycling Collection Program.
The Commercial Recycling customer will also be notified, by the City through the Contractor, about special
commercial recycling events, workshops, educational forums and symposiums, and other activities, as
requested. City personnel may be available to assist the Contractor's marketing staff in expanding commercial
marketing service.
9. MANNER OF COLLECTION: The Contractor shall collect Residential Solid Waste, Vegetative Waste, and
Recyclable Materials and Commercial Solid Waste and Recycling with a minimum of noise and as little
disturbance as possible, and shall leave all containers at the same point it was collected and leave no container
in a location blocking vehicle access to a driveway or turnout. Any Garbage Can, Recycling Container, or
Container damaged by the Contractor will be repaired or replaced by the Contractor within forty-eight (48)
hours at no cost to the customer, unless otherwise provided within this Agreement. The replacement must be
similar in style, material, quality, and capacity. Throwing of any Garbage Can or Recycling Container is
prohibited. The Contractor shall neatly replace all Containers and Garbage Cans to the point of collection.
Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious
dogs or similar animals in order to accomplish Curbside Residential Solid Waste, Vegetative Waste, and
Recycling Collection Service. In any case where the owner or tenants have such animals at large, the
Contractor shall immediately notify the Contract Administrator of such condition and of its inability to provide
service because of such conditions. Collection crews will immediately clean up any spillage created in the
process of collecting Residential Solid Waste, Vegetative Waste, and Recyclable Material.
10. PERSONNEL OF THE CONTRACTOR
A. The Contractor shall assign a qualified person or persons to be in charge of daily operations within the
Service Area and shall give the name(s) and office and cellular telephone numbers of the person(s) to
the Contract Administrator. Such person(s) shall be present in the City during the majority of
collection hours each collection day.
B. The Contractor's solid waste collection employees and workers shall wear a uniform or shirt bearing
the Contractor's name during operations in the City.
C. Each dnver of a collection vehicle shall at all times carry a valid Florida dnver's license for the type of
vehicle that is being driven.
D. The Contractor shall provide operating and safety training for all personnel, including temporary
workers, and documentation as proof of training.
E. The Contractor's employees and workers shall treat all customers in a polite and courteous manner.
F. The Contractor shall provide emergency contact numbers for all key personnel. In addition, the
Contractor shall supply at no cost to the City one radio compatible with the City's system with the
numbers of all contacts pre-programmed into the phone for City use.
11. SPILLAGE: The Contractor shall not litter or cause any spillage to occur upon the premises, roadway, or
the right-of-way wherein the collection shall occur. During hauling, all solid waste, vegetative waste, and
recyclable material shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented.
In the event of any spillage or leakage by the Contractor, for any reason or source, the Contractor shall
clean up all spillage and leakage at no cost to the City or the customer the same day of occurrence, unless
otherwise specified within this Agreement or some other period as approved by the Contract Administrator.
24
The Contractor shall include spill containment kits in each vehicle operating in the City. Additionally, the
Contractor will install and maintain, at its own expense, a lockable storage unit in a designated area of the
City Public Works yard containing sufficient quantities of spill containment absorbent material to
effectively contain and clean up the loss of fifty (50) gallons of fluid. Sufficient bags of gray Portland
cement and heavy duty brush brooms will also be stored to cover an area twenty-five (25) feet wide and
forty (40) feet long.
12. SOLID WASTE AND MATERIAL RECYCLING FACILITIES: All Residential Solid Waste,
Commercial Solid Waste, Vegetative Waste, and Recyclable Material shall be hauled to a designated
Facility. Facilities managed and operated by the Solid Waste Authority are periodically closed for
maintenance (an average of thirty (30) business days every four (4) years. In the event a Designated
Facility is closed, the Contractor shall take the Solid Waste, Vegetative Waste, and Recyclable Materials to
another Designated Facility at no charge to the City.
In the event that a load of Recyclable Materials delivered to a Designated Facility contains more than three
and one-half percent (3.5%) by weight of the total load, material which is not Recyclable Material, or that
there is more than 3.5% paper products within the other commingled Recyclable Material or visa versa, the
Authority or its designee has the right to reject the load and to charge the Contractor the full disposal fee
for each ton within the load. The Contractor may pass this cost through to a commercial customer in the
event that the Contractor can prove, to the satisfaction of the customer, that the customer caused the
contamination. In the event of a dispute, the Contract Administrator will determine whether the Contractor
or the customer will absorb the disposal fee. It is the responsibility of the Contractor to notify the City of
any customer who has on more than three (3) occasions contaminated the Recyclable Materials. However,
the City shall not be responsible for payment of any penalties charged by the Authority for contaminated
loads.
13. COLLECTION EQUIPMENT: The Contractor shall provide, operate, and maintain manual packer
loader equipment for Residential Curbside Solid Waste Collection Service and have on hand at all times and
in good worlung order such equipment as shall permit the Contractor to adequately and efficiently perform the
contractual duties specified in this Agreement, including one (1) reserve type collection truck for each type in
service. Upon execution of this Agreement and semi-annually thereafter, the Contractor shall provide, in a
format specified by the Contract Administrator, a list of the equipment to be used by the Contractor to provide
services relating to this Agreement. Residential Solid Waste collection equipment shall be of the enclosed
loader packer type, or other equipment that meets industry standards and is approved by the Contract
Administrator. All Equipment shall be kept in good repair, appearance, and in a sanitary, clean condition at all
times. Recycling Materials collection equipment shall be dual-compartment equipment (one compartment for
paper products and one compartment for other Recyclable Material), separate trucks or other equipment that
meets industry standards and is approved by the Contract Administrator, and must be compatible for unloading
at the designated recycling facility or transfer station. Unless otherwise provided within this Agreement, in the
event a compacting vehicle is used for the collection of Recyclable Materials, compaction pressure may not
exceed fifty (50) pounds per square inch for the commingled non-paper Recyclable Materials to avoid glass
breakage. Equipment utilized for the collection of Recyclable Materials shall be clearly identified for that
purpose. The Contractor shall have available reserve equipment, which can be put into service within two (2)
hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the assigned
equipment used by the Contractor to perform the contractual duties. However, back-up equipment can be a rear
or front load packer with lifters. Equipment is to be painted uniformly with the name of the Contractor,
business telephone number and the number of the vehicle in retro-reflective letters not less than five (5) inches
high on each side of the vehicle. The rear of the vehcle shall contain signs warning the public of frequent stops.
All vehicles shall be numbered and a record kept of the vehicle to whch each number is assigned. No
advertising shall be permitted on vehicles, except of events sponsored by the City. All containers shall have the
container size listed in cubic yards displayed on the front of the container. No equipment used in this
Agreement shall be older than seven (7) years of age from date of manufacture. Equipment shall have rear
flashing strobe lights that must remain on whle the vehcle is in collection mode.
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14. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE, AND
SLUDGE: The Contractor shall not be required to collect and dispose of Special Waste, Hazardous Waste,
Biohazardous or Biomedical Waste, or Sludge but may offer such service in the City. All such collection and
disposal for those types of waste in this Section are not regulated or exclusive under this Agreement, but if
provided by the Contractor, shall be in strict compliance with all federal, state, and local laws and regulations.
15. OFFICE AND EQUIPMENT YARD: The Contractor shall maintain an office within Palm Beach or Martin
County where complaints shall be received. It shall be equipped with sufficient telephones, with no less than
two (2) phone lines, and shall have responsible persons in charge during collection hours and shall be open
during normal business hours, 8:OO a.m. to 5:OO p.m., Monday through Friday. The Contractor shall provide a
fax machine and/or computer to receive complaints from the City, which shall be operable twenty-four (24)
hours a day. The Contractor shall provide an answering machine during non-office hours for customer requests
and questions to be responded to during the following business day. The Contractor shall provide a contact
person, who shall not live more than sixty (60) miles from the City, for the City to reach during all non-ofice
hours. The contact person must have the ability to authorize Contractor operation in the case of City direction
or situations re uiring immediate attention. The Contractor’s Equipment Yard and ofice are located currently
at 2700 NW 48 Street, Pompano Beach, Florida. Equipment Yard means a real property location that shall be
utilized by the Contractor for the storage and keeping of all equipment needed by the Contractor to provide all
services under this Agreement in the Service Area
9,
16. COMPLAINTS: Any complaints received by the City will be forwarded to the Contractor by telephone,
computer, or electronic media at least twice daily where the Contractor shall record it on a complaint log, as
well as any complaints received directly by the Contractor. The complaint shall be resolved within twenty-four
(24) hours after the Contractor receives it. When the complaint is received by 12:OO noon on a Saturday or the
day preceding Thanksgiving Day and Chnstmas Day, it shall be resolved by the Contractor the same day it is
received; however, if received after 12:OO noon, it shall be resolved no later than the next regular working day.
When the Contract Administrator notifies the Contractor of a complaint or the Contractor receives a complaint
the Contractor shall take the appropriate steps that may be necessary to resolve the complaint within
twenty-four (24) hours after its receipt. If a complaint cannot be resolved within twenty-four (24) hours, the
Contract Adrmnistrator shall be notified immediately of the reasons for the delay. If the Contract Administrator
approves the reasons, the twenty-four (24) hour resolution period will be adjusted.
The Contractor shall provide the Contract Administrator or designee with a full written explanation of the
disposition of any complaint involving a claim of damage to private or public property as a result of actions of
the Contractor’s employees, agents, or sub-contractors. Any damage shall be repaired within seven (7)
business days with written disposition submitted to the City within five (5) days following resolution.
The Contractor shall prepare and maintain, in accordance with a format and method approved by the City, a
register on all complaints, and shall indicate thereon the disposition of each complaint. Such record shall be
submitted to the City after the tenth (lo*) day of each month for the preceding month. The record shall indicate
the day and hour on which the complaint was received and the day and hour on which it was resolved. The
complaints received by the Contractor, both residential and commercial customers by service type and their
disposition, shall be delivered electronically daily to the Contract Administrator. Legitimacy of challenged
complaints shall be determined by the Contract Admustrator, and hisher decision shall be final.
It is recognized that disputes may arise between the City and the Contractor with regard to the collection of
certain items due to disputes over the specific language of the Agreement. The Contract Admustrator may
from time to time notify the Contractor by telephone to remove all such refuse. Should the Contractor fail to
remove the refuse within twenty-four (24) hours from the time of notification, the City will do so, and all costs
incurred by the City shall be deducted from compensation due the Contractor. This action taken by the City
shall not be deemed a breach of this Agreement; the parties understand that the City has the unilateral right to
set off such amounts, and such action by the City shall not be deemed a breach of this Agreement. Notice of
the amount deducted shall be given to the Contractor. If the City or designee determines that disputed refuse
did not conform to contract specification, the Contractor shall be entitled to additional compensation for
removal.
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17. QUALITY OF PERFORMANCE OF CONTRACTOR: It is the intent of this Agreement to ensure that the
Contractor provides a quality level of Solid Waste and Recycling Collection Services. To this end, all
complaints received by the Contact Admustrator or designee and reported to the Contractor shall be promptly
resolved pursuant to the provisions of Section 16 and all other terms and conditions of this Agreement.
Complaints shall not include customer informational requests or Recycling Container requests. A complaint
not resolved with twenty-four (24) hours, unless otherwise provided in th~s Agreement, shall count as two (2)
complaints. In the event complaints received from curbside customers withrn the Service Area, as determined
by the Contract Administrator designee exceed the limits shown in the tabulation below, the Contract
Administrator shall levy $100.00 per incident adrmnistrative charges for those actions related to service as
listed within this Agreement. These admustrative charges shall be in addition to other adrmnistrative charges
levied by the Contract Ahistrator. There will be a $1,000 admhstrative penalty in addition to other
penalties if the percentage of complaints, based on residential units served, is exceeded monthly or annually.
Type of Complaint Monthly Limit (%) Fiscal Year (Annual) Limit %
Garbage and Damage
Recycling
Vegetation
All Others
0.50%
0.15%
0.50%
0.10%
1.25%
3.00%
1 .OO%
2.00%
0.50%
6.50%
The Contract Admirustrator may also levy administrative charges for all other infractions of this Agreement at
$100.00 per day per incident, as determined by the City or designee, without regard to the percentage of
customer complaints including:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0.
P.
Q.
R.
S.
T.
U.
V.
Commingling Solid Waste with Vegetative Waste and/or Recyclable Materials.
Throwing of garbage cans or Recycling Containers.
Failure to collect Recyclable Materials, Solid Waste, or Vegetative Waste on collection schedule.
Failure to replace Garbage Cans, Containers, or Recycling Containers to the point of collection.
Failure to provide clean, safe, sanitary equipment.
Failure to maintain office hours as required.
Operator not licensed or improperly licensed.
Failure to provide documents and reports in a timely and accurate manner such as listed in A below
Damaged Container or Recycling Container not replaced within forty-eight (48) hours.
Failure to clean spillage.
Failure to repair damage to customer property with seven (7) business days or as otherwise provided
in this Agreement.
Failure to cover materials on collection vehicle(s).
Collection employees or temporary workers not in company uniforms.
Name and phone number, and if applicable, size not displayed on equipment, Containers, or
subcontractor's equipment.
Not providing current schedule and route maps as required.
Traffic violation within the City issued by law enforcement.
Using improper truck to service commercial or residential customer.
Failure to submit disclosure notices as required in the Agreement to either customer or Contract
Administrator.
Failure to report Residential Solid and Vegetative Waste and Recycling and tonnage activity monthly
(on or before the tenth (10') day of the following month) in a format determined by the City, for the
purpose of trackmg and verifjmg generation rates.
Failure to collect Recyclable Materials, Solid Waste or Vegetative Waste on schedule for any
customer who has been missed more than three (3) times per Fiscal Year.
Failure to respond to customer calls, including commercial recycling and solid waste collection
service customers, in a timely and appropriate manner.
Failure to place a contamination sticker in Recycling Containers.
27
W.
X.
Failure to replace or provide containers or Recycling Containers within five (5) business days.
Failure to place a sticker on any waste not collected explaining the reason for the pass.
The Contract Administrator shall assess administrative charges for the following, as set forth herein:
0 Changing collection routes or schedules without proper notification will result in a $1,000.00 fine per
incident.
Failure to clean up spillage of any substance, such as, but not limited to, hydraulic fluid or diesel fuel, will
result in a $2,500.00 fine per day, per incident.
Failure to deliver any Commercial or Residential Solid Waste, Vegetative Waste, or Recyclable Materials
to a designated facility will result in the following penalties:
1. First offense, $1,000.00 fine
2. Second offense, $2,500.00 fine
3. Thrd offense, immediate Termination of Agreement.
0
0
Failure to complete, either partially or totally, a collection route on the regularly scheduled pick-up day shall
be $500.00 for each route per day not completed.
Filing of requested information and documents:
1. In addition to any other requirements of this Agreement, the Contractor shall be required to file
pertinent statistical and aggregate cost mformation pertaining to Solid Waste Collection and Recycling
Collection Services that is requested by the City. The results of all recycling activity conducted by the
Contractor in the City during each month, whether residential or commercial, shall be reported
accurately to the City, in a format and with such dates as specified by the City, on or before the tenth
(lo') day of the following month. At a minimum, the Contractor shall submit the following by the
tenth ( 10") ofthe month:
0 Customer complaint log
0 Commercial customer service list
0 Tonnage reports
0 Universal Container distribution inventory by address, date, size, and serial number.
2. The Contractor shall file and keep current with the City all documents and reports required by this
Agreement. By September 1 of each year this Agreement is in effect, the Contractor shall ensure and
certify to the City that all required documents such as, but not limited to, certificates of insurance,
audits, performance bond or letter of credit, collection routes and schedules and maps, dnvers license
certifications, and list of assigned collection equipment vehicles are current and on file with the City.
Collection route maps shall be provided in a format as required by the City. Failure to file any
document or report withm five (5) worhg days of the required filing date, except where granted an
extension by the Contract Administrator, may result in the levy of an adrmnistrative fine as provided
in Section 17. Nothing herein, however, shall prevent the City from asking for the information above
at any time.
For the purpose of this Section, the Contract Administrator may deduct any charges from payments due or to
become due to the Contractor, and the City shall not be deemed in default hereunder. The Contract
Administrator may assess charges pursuant to this Section on a monthly basis in connection with this
Agreement and shall at the end of each month during the term of this Agreement notify the Contractor and the
City in writing of the abstrative charges assessed and the basis for each assessment. In the event the
Contractor wishes to contest such assessment, it shall, within five (5) days after receiving such monthly notice,
request in writing to the Contract Administrator an opportunity to be heard by the City and present its defense
to such assessment.
The City shall notify the Contractor in writing of any action taken with respect to the Contractor's claims, and
the decision of the City will be final.
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18. NATURAL DISASTERS: In the event of a hurricane, tornado, major storm or other natural disaster, the
Contract Administrator may grant the Contractor a variance from regular Collection Routes and Schedules. As
soon as practicable after such natural disaster, though not more than forty-eight (48) hours, or as soon as Solid
Waste Authority facilities are open for receipt of waste, normal collection routes and schedules shall resume.
The Contract Ahstrator or designee shall make an effort through the local news media to inform the public
when regular services may be resumed and any special conditions required for collection. If authorized to
provide storm debris removal services by the Contract Administrator, the Contractor’s clean-up activities from
some natural disasters may require that the Contractor hire additional equipment, employ additional personnel,
or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Contractor
shall receive compensation above the normal compensation contained in thls Agreement to cover the costs to at
least include rental equipment, additional personnel, overtime hours, and other documented expenses, provided
the Contractor has first secured written authorization and approval from the Contract Admirustrator prior to the
work being performed. In addition, the City may require the Contractor to provide citywide emergency
Vegetative Waste Collection service prior to a pending natural disaster, such as a storm. The City’s Contract
Administrator and Accountant shall audit all such costs prior to payment.
During the month of March each year, the Contract Administrator will review the City’s current disaster
preparedness plan to initially coordinate the regular collection activities of the Contractor in the event of a
natural disaster. On January lof each year of this Agreement, the Contractor is required to provide a disaster
preparedness plan to the Contract Administrator for review and approval. Tlus plan shall include provisions for
additional manpower and equipment and will establish a reasonable, verifiable rate for collection in the event of
a natural disaster to be compensated through the City’s Contract Service fees if the Contractor is authorized to
provide removal services by the City. In the event that excess work resulting from a natural disaster is
compensated by the Federal Emergency Management Agency, or any other local, state, or federal agency, the
extra compensation shall be subject to such agency’s approval. The Contractor shall update his natural disaster
plan each year of the term of the Agreement for the Contract Administrator’s review and approval. The parties
hereto understand that there shall be no double billing for services hereunder.
The parties hereto further understand that the City retains other contractors and consultants to assist in
hurricanes and other natural disasters debris removal and assistance. The Contractor herein agrees to work with
such parties as part of its duties in this Contract.
19. UNCONTROLLABLE CIRCUMSTANCES: Neither the City nor 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 non-performing party could not avoid. However, the City
is not required to compensate the Contractor for services not provided.
Neither party shall, however, be excused from performance if nonperformance is due to forces whch 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.
20. PERMITS AND LICENSES: The Contractor shall obtain, at its own expense, all permits and licenses
required by law or ordinance and maintain the same in full force and effect. Any change of the licenses or
permits shall be reported to the City within ten (IO) working days of the change. By award of thls Agreement,
the City grants a Roll-off Collection Permit, which must be signed by the Contractor. Annual permit fees are
waived.
21. PERFORMANCE BOND: The Contractor shall furnish to the City a performance bond executed by a surety
company licensed to do business in the State of Florida and/or a clean irrevocable letter of credit issued by a
bank within Palm Beach count^ to ensure the faithful performance of this Agreement and all obligations
arising hereunder in the appropriate amount determined in accordance with Exhlbit IV, attached hereto and by
this reference incorporated herein. The clean irrevocable letter of credit or bond provided hereunder may each
be substituted for the other upon approval by the City. The form of this bond or letter of credit and the Surety
29
Company shall be acceptable to the City Attorney and the Contract Administrator and shall be maintained
during the term of this Agreement as provided in Section 1. The bond shall not be canceled, limited, or
non-renewed until after thuzy (30) days' written notice has been given to the City. Current performance bond
evidencing required coverage must be on file at all times.
22. EMPLOYEE WAGES AND BENEFITS: The Contractor shall comply with all applicable local, state, and
federal laws, rules, regulations, codes, ordinances, directives, and guidelines relating to wages, hours, overtime
and all other applicable laws relating to the employment or protection of employees, now or hereinafter in
effect. The Contractor shall provide salary and benefits to employees that are competitive in Palm Beach
County for the Solid Waste Collection Industry. Conditions of employment shall be published and
conspicuously posted so all employees may be informed. The Contractor shall hsh reasonable uniforms,
rain gear, and safety equipment at its expense.
23. INSURANCE: During the term of the Agreement, the Contractor shall procure, maintain, and provide, at its
own expense, the City with certificates of insurance or evidence of the insurance required under this Section.
Cancellation or modification of said insurance shall not be effected without thirty (30) days' prior written notice
to the City.
A. Workers' Compensation Insurance: Workers' Compensation coverage must be maintained in
accordance with statutory requirements as well as Employer's Liability Coverage in an amount not
less than $100,000.00 per each accident, $100,000.00 by disease, and $500,000.00 aggregate by
disease.
B. Liability Insurance: The Contractor shall, during the term of this Agreement, and any extensions
hereof, maintain in full force and effect a commercial general liability insurance policy and
automobile liability insurance policy, which specifically covers all exposures incident to the
Contractor's operations under this Agreement. Such insurance shall be with a company acceptable to
the City, and each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit
for personal bodily injury, including death, and property damage liability, and the general liability
shall include, but not be limited to, coverage for Premises/Operations, Products/Completed
Operations, Contractual to support the Contractor's Agreement or indemnity and Fire Legal Liability.
In addition to the above liability limits, the Contractor shall maintain a $5,000,000.00 umbrella and/or
excess liability coverage. Policy(ies) shall be endorsed to show the City, a municipal corporation in
the State of Florida, as an additional insured as its interests may appear. Current certificates of
insurance evidencing required coverage must be on file with the City at all times. The Contractor
expressly understands and agrees that any insurance protection furnished by the Contractor shall in no
way limit its responsibility to indemnify and save harmless the City under the provisions of Section 24
of this Agreement.
24. INDEMNIFICATION: The Contractor will hold the City harmless from any and all liabilities, losses, or
damages the City may suffer as a result of claims, demands, costs, or judgments against the City arising out of
the negligence, gross negligence, willful acts, and wrongful acts or omission of the Contractor or its employees,
which said liabilities, losses, damages, claims, demands, costs, or judgments arise directly out of the matters
which are the subject of this Agreement and the work to be performed thereby. The Contractor shall not be
responsible for nor be required to indemnify or hold the City harmless for any act, omission, negligence, or
other liability to the extent caused by the act or omission, in whole or in part, of the City or any one of its
employees or agents. In connection with any legal proceedings arising hereunder, the City reserves the right to
retain counsel of its choice and at its own expense, or in the alternative, approve counsel obtained by the
Contractor. The parties hereto acknowledge that the indemnification herein is supported by adequate
consideration.
30
25. ACCESS AND AUDITS: The Contractor shall maintain within Palm Beach County adequate separate
financial and operating records for the Service Area of the Solid Waste Collection and/or Recycling Services
during the Fiscal Year and for three (3) years following the end of each Fiscal Year during the term of this
Agreement. The City or designee shall have the right to review all applicable records maintained by the
Contractor upon twenty-four (24) hours' written notice.
The Contractor shall provide the City an Audited Financial Statement, including, at a minimum, a Balance
Sheet and an Income Statement representing the financial position and the results of operations, respectively, of
the Contractor specifically for the Service Area. The report must include the opinion of a Florida Certified
Public Accountant, who has conducted an audit of the Contractor's books and records in accordance with
generally-accepted accounting principles, which include tests and other procedures necessq, that the Financial
Statements are fairly presented, in all material aspects, in conformity with generally accepted accounting
principles. The annual audit shall reflect, at the very least, information regarding the Statement of Income and
Expenses in the format shown in Exhlbit I11 and shall be delivered to the City with one hundred twenty (1 20)
days of the twelve (12) month period endmg the Contractor's Fiscal Year.
26. POINT OF CONTACT: All dealings, contacts, notices, and payments between the Contractor and the City
shall be directed by the Contractor to the Contract Ahstrator or designee.
27. NOTICE: Any notice, demand, communication, or request required or permitted hereunder shall be in writing
and delivered in person or sent by certified mail, postage prepaid as follows:
As to the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410-4698
Attention: Contract Administrator Copy to: City Manager
As to the Contractor:
Waste Management Inc. of Florida
2700 NW 48'h Street
Pompano Beach, Florida 33073
Attention: Market Area Vice President
Notices shall be effective when received at the address as specified above. Changes in the respective address to
whch such notice is to be directed may be made from time to time by written notice. Facsimile transmission is
acceptable notice effective when received; however, facsimile transmissions received (i.e., printed) after 5:OO
p.m. or on weekends or holidays will be deemed received on the next business day. Additionally, the original
of the notice must be mailed as required herein.
28. DEFAULT OF CONTRACT:
A. The City may cancel hs Agreement, except as otherwise provided below in hs Section, by giving
the Contractor thirty (30) days' advance written notice, to be served as hereafter provided, upon the
happening of any one of the following events, which will be deemed to be a material breach of
contract:
1. The Contractor shall take the benefit of any present or future insolvency statute, or shall make a
general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a
petition or answer seeking an arrangement for its reorganization or the re-adjustment of its
31
indebtedness under the Federal bankruptcy laws or under any other law or statute of the United
States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all
or substantially all of its property; or
2. By order or decree of a Court, the Contractor shall be adjudged bankrupt or an order shall be
made approving a petition filed by any of its creditors or by any of the stockholders of the
Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal
bankruptcy laws or under any law or statute of the United States or of any state thereof, provided
that if any such judgment or order is stayed or vacated with sixty (60) days after the entry
thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such
stayed judgment or order is reinstated, in whch case said default shall be deemed immediate; or
3. By or pursuant to or under authority of any legislative act, resolution or rule, or any order or
decree of any Court or governmental board, agency, or officer having jurisdiction, a receiver,
trustee, or liquidator shall take possession or control of all or substantially all of the property of
the Contractor, and such possession or control shall continue in effect for a period of sixty (60)
days; or
4. The Contractor has defaulted, by failing or refusing to perform or observe the terms, conditions,
or covenants in this Agreement or any of the rules and regulations promulgated by the City
pursuant thereto, or has wrongfully failed or refused to comply with the instructions of the
Contract Administrator relative thereto, whether such default is considered minor or major, and
said default is not cured within thuty (30) days of receipt of written notice by the City to do so, or
if by reason of the nature of such default, the same cannot be remedied within thuty (30) days
following receipt by the Contractor of written demand from the City to do so, the Contractor fails
to commence the remedy of such default within said thuty (30) days following such written
notice or having so commenced shall fail thereafter to continue with diligence the curing thereof
(with the Contractor having the burden of proof to demonstrate [a] that the default cannot be
cured within hrty [30] days, and [b] that it is proceeding with diligence to cure said default, and
such default will be cured within a reasonable period of time).
B. However, notwithstanding anything contained herein to the contrary, for the failure of the Contractor
to provide collection service for a period of five (5) consecutive scheduled working days, the City may
secure the Contractor's billing records (at the request of the City, the Contractor shall provide such
records) on the sixth (6') worlung day in order to provide interim contract collection services until
such time as the matter is resolved, and the Contractor is again able to perform pursuant to this
Agreement; provided, however, if the Contractor is unable for any reason or cause to resume
performance at the end of thuty (30) working days, all liability of the City under thts Agreement to the
Contractor shall cease, and this Agreement may be deemed immediately terminated by the City.
Notwithstanding the foregoing and as supplemental and additional means of termination of this
Agreement under this Section, in the event that the Contractor's record of performance shows that the
Contractor has frequently, regularly, or repetitively defaulted in the performance of any of the
covenants and conditions required herein to be kept and performed by Contractor, in the opinion of the
City and regardless of whether the Contractor has corrected each individual condition of default, the
Contractor shall be deemed a "habitual violator", shall forfeit the right to any further notice or grace
period to correct, and all of said defaults shall be considered cumulative and collectively shall
constitute a condition of irredeemable default. The City shall thereupon issue the Contractor final
warning citing the circumstances therefore, and any single default by the Contractor of whatever
nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for
immediate termination of thts Agreement. In the event of any such subsequent default, the City may
terminate thts Agreement upon the giving of written Final Notice to the Contractor, such cancellation
to be effective upon the fifteenth (15") consecutive calendar day following the date of Final Notice,
and all contractual fees due hereunder, plus any and all charges and interest shall be payable to said
date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said Final
Notice, the Contractor shall proceed to cease any further performance under this Agreement.
C.
32
D. In the event of any of the aforesaid events specified in paragraphs A, B, and C above and except as
otherwise provided in said paragraphs, termination shall be effective upon the date specified in the
City’s written notice to the Contractor and upon said date this Agreement shall be deemed
immediately terminated and upon such termination all liability of the City under this Agreement to the
Contractor shall cease, and the City shall have the right to call and claim against the performance bond
and shall be free to negotiate with other contractors for the operation of the herein specified services.
The Contractor for failure to perform shall reimburse the City all direct and indirect costs of providing
interim collection service in addition to all other remedies the City may have against the Contractor.
29. PUBLIC WELFARE: The City shall have the power to make changes in or to impose new and reasonable
rules and regulations, and terms and conditions on the Contractor under this Agreement relative to the method
of collection and disposal of Garbage, Trash, Bulk Trash, Vegetative Waste, or Recyclable Materials as shall
from time to time be necessary and desirable for the public welfare; provided, however, that any such rules or
regulations, and terms and conditions shall be delivered to and receipted for by the Contractor, or if the
Contractor is a corporation, by an officer thereof. The City shall give the Contractor reasonable notice of any
proposed change and an opportunity to be heard concerning those matters. The method of collection and
disposal of solid waste and recyclables set out herein shall also be liberally construed to include, but not limited
to, the manner, procedures, operations, and obligations, financial or otherwise, of the Contractor. The
Contractor shall be reasonably and appropriately compensated as determined by negotiation and Agreement
between the City and the Contractor for any additional services or other obligations required of the Contractor
due to any modification in the Agreement under this Section.
30. RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require performance by the
Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same.
Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be waived of any
succeeding breach of such provisions or as a waiver of any provisions itself.
31. TITLE TO WASTE: The City shall, at all times, hold title and ownershp to all Residential Solid Waste,
Vegetative Waste, Trash, Recyclable Material, and all other waste collected by the Contractor pursuant to this
Agreement, and the Contractor shall have no right to take, keep, process, alter, remove or otherwise dispose of
any such materials without specific written authorization from the Contract Administrator. The City shall, at all
times, hold title and ownershp to all Commercial Solid Waste, Vegetative Waste, Trash, Recyclable Material,
and all other waste collected by the Contractor pursuant to this Agreement, except for the ownership rights
provided for under Section 4.G.3 Ownership, and the Contractor shall have no right to take, keep, process, alter,
remove, or otherwise dispose of any such materials without specific written authorization fiom the Contract
Administrator.
32. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida. This Agreement shall not be construed against
the party who drafted the same, as all parties to this Agreement have hired legal and business experts to review
the adequacy of the same.
33. COMPLIANCE WITH LAWS: The Contractor shall conduct operations under thls Agreement to comply
with all applicable laws, rules, regulations, ordinances, and codes, directives and guidelines whether state,
federal or local.
34. SEVERABILITY The invalidity, illegality, or unenforceability of any provision of thls Agreement, or the
occurrence of any event rendering 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 Mer 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.
33
35. ASSIGNMENT AND SUBLETTING: The Contractors may be permitted to assign or sublet this Agreement,
with prior City approval, whch may be withheld, only for the provision of portable sanitation services for
Community Services or Special Events as noted in Section 43 and for the collection of large piles or quantities
of vegetation and trash requiring specialized equipment fitted with grappling devices. The subcontractor’s
equipment shall be equipped with signs on both sides identifylng them as subcontractors to the Contractor. All
liability for subcontractors shall be the responsibility of the Contractor. Otherwise, subcontractors will not be
permitted under the terms of thls Agreement. No assignment of this Agreement or any right occurring under
this Agreement shall be made in whole or part by the Contractor without the express written consent of the
City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment or
assignment by the Contractor. Any assignment of ths Agreement made by the Contractor without the express
written consent of the City shall be null and void and shall be grounds for the City to declare a default of this
Agreement and immediately terminate this Agreement by giving written notice to the Contractor, and upon the
date of such notice, this Agreement shall be deemed immediately terminated, and upon such termination all
liability of the City under this Agreement to the Contractor shall cease, and the City shall have the right to call
the performance bond and shall be free to negotiate with other contractors or any other person or company for
the service of the Contract Service area whch is the subject of this Agreement. In the event of any assignment,
assignee shall filly assume all the liabilities of the Contractor.
It is also acknowledged that in the event of any assignment, the City would incur additional costs as a result of
the transition to another contractor. The parties acknowledge that in that instance the Contractor agrees the City
would be entitled to additional costs and/or other damages incurred to mitigate potential tangible or intangible
impacts incurred by the City during the transition period, as mutually agreed to between the parties. This
Agreement is binding upon the parties hereto, their heirs, successors, and assigns.
36. MODIFICATION: This Agreement constitutes the entire contract and understanding between the parties
hereto, and it shall not be considered modified, altered, changed, or mended in any respect unless in writing and
signed by the parties hereto. Such modification shall be in the form of an amendment executed by both parties.
37. INDEPENDENCE OF AGREEMENT: It is understood and agreed that nohg herein contained is intended
or should be construed as in any way establishing the relationship of co-partners between the parties hereto, or
as constituting the Contractor as the agent, representative, or employee of the City for any purpose whatsoever.
The Contractor is to be and shall remain an independent Contractor with respect to all services performed under
this Agreement.
38. ANNEXATIONS: Adjustments to Service Area boundaries and the rights of the parties to the Agreement due
to municipal annexation or contraction will be as provided by Section 171.062, Florida Statutes, as amended, or
its successor.
39. CHANGE OF LAW: The parties understand and agree that the Florida Legislature from time to time has
made comprehensive changes in Solid Waste Management legislation and that these and other changes in law
in the future, whether federal, state, or local, whch mandate certain actions or programs for counties or
municipalities may require changes or modifications in some of the terms, conditions, or obligations under this
Agreement. Nothmg contained in this Agreement shall require any party to perform any act or function
contrary to law.
To the extent that any law effective after the opening and awarding of bids for thls Agreement is in conflict
with, or requires changes in, the provisions of Collection Service or exclusive rights set out in this Agreement,
the parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement
as a result of change in law.
34
40. OTHER RATE ADJUSTMENTS: The City will strictly enforce all of the provisions of the Agreement,
including penalty clauses, for any performance quality problems. The Contractor shall not be allowed rate
increases on the basis that the Contractor bid too low or agreed to do the work for a lower bidder's price. Non-
performance of Agreement or a request for a rate increase, either of which are attributed to the Contractor
accepting the Agreement award at an insufficiently low rate, shall result in cancellation of the Solid Waste and
Recycling Collection Service Agreement between the City and the Contractor. Thls section shall not be
interpreted to apply to annual rate adjustments intended to offset normal increases in the cost of doing business.
41. PUBLIC ENTITY CRIMES: No Contractor may be a person or affiliate identified on the Department of
General Services konvicted vendor" list. This list is defined as consisting of persons and affiliates who are
disqualified fiom public contracting and purchasing process because they have been found guilty of a public
entity crime. The Contractor is required to comply with Section 287.133, Florida Statutes, as amended, or its
successor.
42. SUBSTANTIAL COMPLIANCE: The Contractor shall promptly collect all materials disposed of by the
customer, provided the materials are prepared and placed within substantial compliance with the guidelines as
set forth herein. The Contract Adrmnistrator shall determine any dispute as to the standards of substantial
compliance.
43. COMMUNITY SERVICE: The Contractor shall provide Containers, placement and collection pull service
each Fiscal Year, at no cost to the City and for all special City functions and sponsored events, including, but
not limited to parades, art shows, carnivals, or other such special events, as deemed appropriate by the Contract
Administrator. Such services shall include both large centralized containers and smaller decentralized
containers for both solid waste and recyclable materials.
44. CONTRACT PREPARATION: Prior to the commencement of the term of this Agreement, the Contractor
shall prepare for the collection services in the Service Area in a responsible manner, and at a minimum, shall
adhere to the requirements as set out in Exhibit VII. In the event the Contractor fails to meet the deadlines of
any one of the tasks outlined in Exhibit VII, the City has the right to fine and collect $10,000.00 for each task
deadline missed. Appeal of any fines pursuant to this Section is provided elsewhere in this Agreement. The
Contractor shall pay fines levied by the City within thuty (30) days of receipt of an invoice for the fines. Failure
to meet the deadline of more than two (2) tasks may result in the City declaring a default of the Agreement.
Failure to meet the deadline of more than two (2) tasks may lead to the loss of the right to provide solid waste
collection and recycling services pursuant to the Agreement for the Service Area.
45. FISCAL FUNDING: The terms of tlus Agreement as provided for herein shall remain unchanged provided
that the City annually approves an appropriation for Solid Waste and Recycling Collection Services.
46. The parties hereto acknowledge that all the Exhibits attached to this Agreement are incorporated by reference.
35
In Witness Whereof, The City of Palm Beach Gardens, at a regular meeting thereof, by
action of the City Council authorizing and directing the foregoing be adopted, has caused these
presents to be signed by the Mayor of the City, and the City's seal to be hereunto affixed, and
Waste Management, Inc., has executed this Agreement all as of the day and year first above
written.
City of Palm Beach Gardens
ATTEST:
By:
Joseph R. Russo, Mayor
Patricia Snider, CMC, City Clerk
astine P. Tatum, City Attorney -
Contractor:
Attest:
36
Waste Management Inc. of Florida Inc.
(Seal)
I
EXHIBIT I
Approved Contractor Rate Schedule
Monthly Residential Rates (As of April 1,2006)
RATES WILL ADJUST ON THE ANNIVASARY DATE OF THE CONTRACT EACH YEAR
Total I 7.97
Commercial Solid Waste and Recycling Collection Rates
Note: (1) Container Residential customers requiring more than 1 .O collection of Recycling Containers per week will
be charged 75% of the container recycling service rate per month per unit. The Contractor shall provide for a
written agreement with the customer for this additional service and shall invoice the customer separately in
accordance with the signed agreement.
(2) Commercial Solid Waste Collection Rate for commercial customers receiving Universal Container
Collection Service shall be the same as the Residential Solid Waste Collection Rate above.
(3) The Contractor shall provide containers and collection services for all City-owned, -rented, or -leased
properties at no cost to the City.
(4) Annually, the above collection rates for the current year will be adjusted by 80% of the Consumer Price
Index (CPI) for the West Palm Beach urban area as of July 1 to become effective April 1 of each year.
(5) The City will determine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on the
same calculation utilized by the Solid Waste Authority of Palm Beach County (Authority) tipping fee for
disposal as charged by the Authority. The calculation for non-compacted Garbage and Trash is 134 lbs/cubic
yard times the Authority’s tipping fee ($/ton) times 1 tod2000 Ibs = $/cy. Commercial non-
compacted Vegetation is calculated at 275 Ibdcubic yard times the Authority’s tipping fee ($/ton) times 1
ton/2000 = $/cy. The compacted disposal rate for commercial solid waste or vegetative waste may be
billed at either actual expense or three times the rate for non-compacted solid waste or vegetative rate,
respectively. The Contractor shall include disposal charges on monthly invoices for commercial customers as a
separate line item. Small compactors are to be invoiced at the cubic yard rate in the above table for collection
plus disposal, and large compactors are to be invoiced the “pull” rate in the above table plus actual disposal,
except for residential customers who are charged a unit rate and no disposal.
(6) In the unllkely event the Authority charges a tipping fee for Recyclable Material, the Contract Administrator
will determine the conversion factor and calculate the factor times the tipping fee for Recyclable Materials.
The Contractor will be responsible for billing Commercial Recycling customers for the Recyclable Materials
disposal fee.
I1
EXHIBIT I
RATES DETERMINED BY THE CITY
(NOT TO BE ADJUSTED DURING TERM OF AGREEMENT)
Rolling Out Commercial Universal Container, with 20 or
more feet per direction (no charge for residentia cia1 less than 20 feet per
II 11 Locks for Containers $9.00 (one time)
Charge for Replacements based on cost + 10%
$ 1.35 I month I service Unlocking Containers
Container* * *
(seerate below for other containers)
No Charge for Contractor-owned Containers Moving Container Location Per Customer Request 11 Changing Out Sizes (above once per year)** $25.00
Same as Applicable Commercial Collection Rates
(NO Disposal Charges)
3 times Applicable Commercial Rates
(No Disposal Charges for Residential)
Negotiable wl City Manager
3 times Applicable Commercial Rates
(No disposal charges for Residential)
$12.00 per cubic yard
Additional Scheduled Pick-ups for solid waste
Residential Container Customers
Additional Unscheduled (not including “on-call”) Pick-
ups for Commercial and Residential Containerized
Customers
Special Services or Special equipment required because
of impaired accessibility
Additional unscheduled (not including “on-call”)
Pick-ups for Commercial and Residential Container
Customers
Cut tree and canopy removal exceeding limitations on
normal service
*
** ***
There will be no charge for those residents medically unable to bring solid waste, vegetative waste, or
recyclable materials to curbside as delineated in Section 4.
The first change is free to the customer.
Determination of necessity of locking mechanisms is based on customer requirements.
Note: Customer-requested maintenance on non-contractor owned Containers shall be at cost plus 15% on pre-work
authorization signed by the customer.
I
EXHIBIT I1
Residential Solid Waste Disposal Credit Calculation
Residential Vegetative Waste Disposal Credit Calculation
Category Type Generation Factor Times (x) Annual Credit per
(Tonsmear) Vegetation unit
- I I Single Family 0.85 Jx - - 1 11* I Multi-family, 4 or less I 0 Ix -
units - I11 Mobile Homes 0.58 X -
IV Multi-family, more 0 X - -
than 4 units
(*) Generation factors estimated based on waste generation studies prepared by the Authority; in the event the actual
disposal exceeds these estimates, the Contractor shall pay the excess disposal fees at no cost or liability to the City
or the customer. The City accepts no responsibility or financial liability for waste generation rates or quantities
produced by City residents during the term of this Agreement or any extension of the Agreement.
I1
Exhibit I11
Annual Financial Reporting Format
The Contractor shall submit to the City an audited comparative operating cost statement prepared in accordance with
generally accepted accounting standards for each residential and commercial operation within the Service Area.
The Contractor shall disclose all methods of allocation used to distribute costs recognized in the operating cost statement
for the Service Area andor commercial and residential operations. The disclosure shall be in a narrative form and
include the basis for the allocation method.
The Contractor shall provide a description of the expenses classified as Other Operating Expense and Other General and
Administration.
The Contractor shall submit to the City any adjustments made during the annual audit that have an effect upon the
previously-submitted monthly revenue statements for the twelve (12) months of the fiscal Year being audited.
Any allocations made will need to be disclosed in a narrative format, along with the basis for those allocations.
Additionally, it is understood that the Contractor shall utilize the accrual basis of accounting for income and expenses.
Although the City reserves the right to audit or review the mformation supplied, the Contractor is not required to provide
an audit of the accompanying information.
Attached is the required City format for financial statement reporting in accordance with this Agreement.
I11
EXHIBIT I11
(Contractor)
Statement of Income and Expenses
(Residential or Commercial) Service Area
For (month, year) ended (month, year)
Revenues:
(list by type)
Total Revenue
Operating Expenses:
Depreciation - Vehicles $
Disposal fees paid to the Authority $
Contract Service Fees paid to the City $
Fuel and Oil $
Labor and Fringe Benefits $
Other Operating $
Truck Maintenance - Labor $
Truck Maintenance - Parts !$
Total Operating Expenses
General and Administrative:
Salaries and Wages
Officers' Salaries
Other General and Administrative
Total General and Adrmnistrative
Income before Provision for Income Taxes
Provision for Income Taxes
$
$
Net Income
The Accompanying Notes are an Integral Part of this Statement"
EXHIBIT IV
PERFORMANCE BOND REQUIREMENT
The Annual Performance Bond due to the City from the Contractor is calculated as:
Net Annual Revenues (Gross Annual Revenues Minus Disposal Fees paid to the Solid Waste Authority) multiplied by
fifty percent (50%) = Performance Bond Required.
Performance Bond Requirement
Gross Revenue $4,107,855.46
Net Annual Revenue $2,053,927.68
x 50%
Less Disposal Fees 0
Annual Performance Bond Requirement shall be calculated annually in March by the Contractor and submitted to the
City Contract Administrator by anniversary date each year for the next Contract year.
Th Contractc shall
EXHIBIT V
QUARTERLY FINANCIAL REPORTING FORMAT
tbmit to the City withm forty-five (45) days of the end of each qu
prepared in accordance with generally
operation within the Service Area.
rter a revenue statement
accepted accounting principles individually for each-residential and commercial
The Contractor shall disclose all methods of allocations used to distribute revenues between Service Area commercial
and residential operations. The disclosure shall be in narrative form and include the basis for the allocation method.
The required format for Quarterly Financial Statement reporting in accordance with ths Agreement is shown below.
(Contractor)
Statement of Revenues and Disposal Expenses
(Residential or Commercial) Service Area
For (month, year) ended (month, year)
Revenues:
(list by type - commercial and residential,
including collection rates, container maintenance,
special service rates, etc.) !$
Total Revenue
!$
Disposal Expenses:
Disposal fees paid to the Authority
Net
!3
Contract Service Fees (Net * .05)
The Accompanying Notes are an Integral Part of this Statement"
VI
EXHIBIT VI
NON-ASSESSED RESIDENTIAL DISPOSAL
COMPENSATION PROCEDURE
The purpose of this exhibit is to establish the procedures and schedule whereby the City will compensate the Contractor
disposal fees for non-assessed residential units.
The City will use generation rates for the four (4) residential categories established by the Solid Waste Authority (SWA),
as shown in Table 11, times the new units listed each month by the City as having received a Certification of Occupancy
(CO) times the number of months remaining in that fiscal year before the unit becomes an assessed unit, times the then
current disposal fee set by the SWA. The attached Table 1 sets the number of months from issuance of a CO until the
unit(s) become assessed for which disposal fees will be paid to the Contractor.
Disposal fees due on units that remain non-assessed units in the following fiscal year after issuance of a CO. Disposal
fees will be paid to the Contractor in the same month of the year as the month of their CO issuance using the formula
described above times the months remaining until the unit becomes an assessed unit. The City will not compensate the
Contractor disposal fees per unit in excess of the amount collected by the City. The formula to be used I no. of units x
generation rate for garbage / trash hen vegetation for category of unit + by 12 months x months remaining in the fiscal
year x the SWA per ton disposal fee for garbage / trash or vegetation. Examples of this formula calculation are shown in
Tables I11 a & b.
The City will pay the Contractor disposal fees monthly for new non-assessed residential unit based upon the method
detailed above during the term of the Contract, which expires on March 30,2012.
Table I
October
lSt yr. 12
2"d yr. 0
April
lSt yr. 6
2"d yr. 12
Non-Assessed Residential Unit
Payment Schedule
(Months Until Assessed)
November December
11 10
0 0
January February
9 8
12 12
May June
5 4
12 12
July August
3 2
12 12
March
7
12
September
1
12
Table I1
Solid Waste Authority
Residential Unit Waste Generation Rates
Unit Type Garbage Trash Vegetation Total
Single Family 1.10 .85 1.95
Multi- family
(less than 5 units) .67 .oo .67
Mobile Home 1.10 .58 1.68
Multi- family
Tons Per Year Tons Per Year Tons Per Year
(More than 4 units) .74 .oo -74
VI11
Table I11 a
Solid Waste:
Vegetation:
Solid Waste:
Solid Waste:
Vegetation:
Solid Waste:
Solid Waste:
Vegetation:
Solid Waste:
Example #1 of Calculating Non-Assessed
Residential Unit Disposal Fees
November CO Residential
Units: 74 SF and 8 MF (Cat. 4)
1 st Year November - September
74 single family units x 1.10 tons + 12 months x 1 1 months x $28.00 per ton =
$2,089.26 or $28.23 per unit.
74 single family units x .85 tons f 12 months x 11 months x
$25.00 per ton = $1,441.45 or $19.47 per unit.
8 multi family units x .74 tons f 12 months x 11 months x
$28.00 per ton = $151.94 or $18.99 per unit.
2"d Year November - No Payment Due
Table I11 b
Example #2 of Calculating Non-Assessed
Residential Unit Disposal Fees
March 2004 CO Residential
Units: 121 SF and 25 MF (Cat. 2)
lSf Year March - September
121 single family units x 1.10 tons f 12 months x 7 months x
$28.00 per ton = $2,173.96 or $17.96 per unit.
121 single family units x .85 tons f 12 months x 7 months x
$25.00 per ton = $1,499.89 or $12.39 per unit.
25 multi-family units x .67 tons + 12 months x 7 months x
$28.00 per ton = $273.58 or $10.94 per unit.
2"d Year - Due in March
121 single family units x 1.10 tons + 12 months x 12 months x
$28.00 per ton = $3,726.79 or $30.79 per unit.
121 single family units x .85 tons + 12 months x 12 months x
$25 .OO per ton = $2,57 1.24 or $2 1.24 per unit.
25 multi-family units x .67 tons f 12 months x 12 months x $28.00
per ton = $468.99 or $18.75 per unit.
IX
Exhibit VI1
Collection Preparation and Implementation Plan Requirements
I Task
I
Start-up Plan & Schedule(s)
0 Public Information Plan
Order equipment (Final award approval takes place on
City Council’s second reading)
Provide City codition of equipment delivery dates
Submit Container Residential and Commercial Container
Beein curbside routing
rehabilitation schedule (repair and paint)
Submit curbside routing plans to the City for review & approval
Train dnvers on equipment
Drivers and supervisors run routes (new employees)
Prepare and mail Disclosure notices to commercial customers w/
copies to the Contract Administrator
Mailer to all curbside customers on new collection schedule and I set out reauirements
Deadlines
Minimum Start Date Maximum comletion Date
January 2006
January 25,2006
February 2006
March 2006
January 3 1,2006
February 28,2006
February 15,2006 June 3 1,2006
Januarv 3 1.2006 March 1.2006
February 1,2006 March 3 1,2006
February 1,2006 March 3 1,2006
March 1.2006 March 3 1 ~ 2006
March 10,2006 March 20,2006
March 15,2006 March 3 1,2006
March 15,2006 March 3 1,2006
(1) Contractor and Contract Administrator to agree on schedule of distribution
(2) The Contractor shall be responsible for all of the public notification requirements specified in the startup plan in this
exhibit.
X
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 4,2006
Meeting Date: February 16,2006
Su bj ect/Agenda Item:
Staff Presentation:
Evaluation and Appraisal Report Public Workshop
Identification of “Major Issues” to be included in the Evaluation and Appraisal Report for the City’s
Comprehensive Plan process per the requirements of Chapter 163.3 191 Florida Statutes.
[XI Recommendation to provide comment and input 1
Reviewed by:
Christine Tatum
:z;;:c:t dkl
Bahareh Keshavarz-Wolfs,
Originating Dept.:
Brad Wiseman
Action:
[ ] Quasi-judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
Date: 2/2/06
Paper: PB Post
-.
Affected Parties:
[XI Notified
[ ] Not Required
FINANCE:N/A
Costs: $ N/A
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other-
Budget Acct.#:
N/A
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ 3 Denied
[ 3 Rec. approval
[ 3 Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:-
Attachments:
EAR Adoption Process
EAR Process PP
Level of Service Chart
LinkageMap
Interdepartmental Input
Summary
Date Prepared: January 4,2006
Meeting Date: February 16,2006
Page 2 of 6
EXECUTIVE SUMMARY
The Evaluation and Appraisal Report (EAR) of the City’s Comprehensive Plan is required by Florida
Statutes to be completed once every seven years. The existing process requires municipalities to
formulate major issues that the City is currently facing, or will face in the future. Staff respectfully
requests input from the City Council on the major issues, which have been formulated through staff
and resident input.
BACKGROUND
Pursuant to Section 163.3 191, F.S., “each local government shall adopt an Evaluation and Appraisal
Report (EAR) once every seven years assessing the progress in implementing the local government’s
comprehensive plan.” The report evaluates how successful a community has been in addressing
major community land use planning issues through implementation of its comprehensive plan. Based
on this evaluation, the report suggests how the plan should be revised to better address community
objectives, changing conditions and trends affecting the community, and changes in state
requirements. The EAR process was presented to the City Council on June 16,2005.
The Department has established a phased schedule for the adoption of EARS based on the
requirements in Section 163.3 19 1 (9), Florida Statutes. The City of Palm Beach Gardens is required
to adopt an EAR by December 1,2006.
EAR REQUIREMENTS
The current EAR process requires the identification of “major issues,” as opposed to assessing and
evaluating each element of the Comprehensive Plan. Once the “major issues” are determined, the
current plan is evaluated as it relates to those “major issues.” It is evaluated based on whether
unforeseen and unanticipated changes in circumstances in the City have resulted in problems and
opportunities with respect to “major issues’ in each element.
EAR PROCESS
Staff has set forth a tentative timeline for the EAR adoption process (attached). The timeline
includes public participation workshops, scoping meetings, workshops with the Local Planning
Agency (LPA) and the City Council. It also extends through to the public hearings and adoption
hearing.
The purpose of the workshop is to seek input from the City Council. While the State has minimal
requirements, staff has exceeded these requirements for public participation by sending mailers to
each HOA and boardcommittee member for the City Council meeting. Staff has also placed ads in
the Palm Beach Post notifying residents of the public meetings.
Date Prepared: January 4,2006
Meeting Date: February 16,2006
Page 3 of 6
MAJOR ISSUES
I) Proactively plan for western growth - Review the policies relative to western
development in order to better plan for future needs.
Level of Service will need to be evaluated to determine if current levels could be maintained in order
to service western development. Levels of Service include the following services: . Parks and Recreation . Transportation - Roadways
Conservation . Water & Sewer . Regional Water Supply . Parkways and preservation corridors
If necessary, amend or create new policies that ensure services and infrastructure will be made
available in a timely manner to western residents and businesses. Determine if current policies are
adequate for the implementation of needed City facilities.
11) Diversify land-uses for future development and redevelopment - Implement policies
that further a sustainable community.
Determine if the current mix of land uses in all areas of the City is adequate, or if land use
amendments should be initiated. Decide if additional land use categories need to be implemented.
Prepare policy for eastern in-fill based on City’s vision for vacant parcels or parcels proposing re-
development. As the remaining vacant lands become developed, redevelopment will commence on
older properties. Review the following: . . . Formulate Goals, Objectives, and Polices designed specifically for projected
Economic Development Element Goals, Objectives, and Policies
City’s Vision for re-development and in-fill development within the City
redevelopment areas.
111) Develop a creative transit system to address future traffic needs - Develop policies that
provide for the development of a “transit ready” community.
Earmark the desired type of transit system(s) based on the demographics it will serve and create
implementation policies.
Develop direction on the following issues relative to creating a successful transit system so that City
policies can be implemented:
. Density . Height . Population . Demand . Alternative forms of transit
IV) Maintain the City’s roadway linkages - Implement policies and guidelines that further
the interconnectivity of the City’s roadway network.
Set policies to guide future growth that achieves interconnectivity for the City as a whole. Evaluate
current roadway conditions and impacts from approved, but not built development within the City.
Utilize the analysis to create policies relative to following: . Requests for additional roadway deletions . Require analysis of impact from deleting roadways from the comprehensive plan . Evaluate potential links to add to the comprehensive plan
V) Re-evaluate the City’s proposed level of service criteria for public parks - Examine
LOS standards and draft amendments in order to provide a variety of adequate
facilities.
Examine current Comprehensive Plan LOS standards and draft applicable amendments thereto in
order to provide adequate facilities, such as neighborhood parks for City residents. The following
issues should be evaluated to determine course of action for the City: . Definition of “Public Park” . Passive parks vs. neighborhood parks
VI) Pursue the provision of Workforce Housing - Explore various options in order to
pursue the provision of Workforce Housing.
As property values increase within the City, the supply of workforce housing continues to decline. A
comprehensive study needs to be conducted to address the shortage of workforce housing. Goals,
Objectives, and Polices are needed to address the following:
Sustainable plan to achieve workforce housing . Amount and type (s) of workforce housing targeted
RES1 DENTS ’ WORKS HOP, 8/3 1 /OS
On August 31, 2005, a publicly noticed workshop was held to obtain comments and
recommendations from the general public related to the proposed EAR “Major Issues.” City Staff
sent public notices to all Homeowners Associations and City board members. The following EAR
related concerns and comments were raised by the eleven participants at the public workshop:
Date Prepared: January 4,2006
Meeting Date: February 16,2006
Page 4 of 6
Date Prepared: January 4,2006
Meeting Date: February 16,2006
Page 5 of 6
Proper maintenance of park facilities
Development west of the City’s boundaries
ECONOMIC DEVELOPMENT ADVISORY BOARD (EDAB), 12/8/05
The Economic Development Advisory Board reviewed the proposed EAR at its December 8,2005,
meeting. The EDAB requested that staff change the term “affordable housing” to “workforce
housing,” which staff has done. The EDAB stated that it felt staff had included all of the City’s major
issues and supported the proposed EAR.
PLANNING, ZONING, AND APPEALS BOARD (PZAB), 12/13/05
The Planning, Zoning, and Appeals Board reviewed the EAR at its November 8,2005, meeting and
requested that each board member meet with staff individually to discuss the “Major Issues.”
Subsequently, staff held individual meetings with board members on November 17, 2005, and
November 18,2005. The board members in individual meetings agreed with the major issues City
staff had formulated, with individuals providing additional two new issues: redevelopment and
workforce housing. Mr. Michael Panczak, Mr. Douglas Pennell, and Mr. Amir Kanel all stressed the
need for redevelopment as a major issue and Ms. Joy Hecht, and Mr. Barry Present noted workforce
housing as a major issue. Staff has included these major issues as I1 and VI (Please see pages 3-4).
Following the individual board member meetings, staff brought the EAR back before the PZAB on
December 13, 2005. The PZAB requested that staff remove the statement “Develop policies that
require developers to implement the transit system during the planning and development review
process.” from Major Issue #3, which staff has done. Mr. Dennis Solomon stated that this policy
would be excessive, taking into account current impact fee requirements. Subsequently, the PZAB
voted 7-0 to recommend approval with the modification to the City Council.
REGIONAL MEETING, 1/3/06
City staff held a regional scoping meeting on January 3, 2006, to present the EAR to adjacent
municipalities and regional agencies. The City invited representatives from Palm Beach County
Planning; Palm Beach County School District; Palm Beach County Housing; Seacoast Utility
Authority; Metropolitan Planning Organization; Florida Department of Transportation; Northern
Palm Beach County Improvement District; Department of Environmental Protection; South Florida
Water Management District; Town of Jupiter; Town of Lake Park; Town of Juno Beach; City of
West Palm Beach; City of Riviera Beach; and the Village of North Palm Beach.
The following invitees attended the meeting: Natalie Schneider, Town of Lake Park; Tonya Deal,
School District of Palm Beach County; Rim Bishop, Seacoast Utility Authority; Larry Hymowitz,
Florida Department of Transportation; and Isaac Hoyos and Ed Fernandez of Palm Beach County
Planning. No new major issues were raised, nor any objections to the proposed “Major Issues.”
Date Prepared: January 4,2006
Meeting Date: February 16,2006
Page 6 of 6
STAFF RECOMMENDATION
Staff requests input from the City Council to finalize the EAR’S “Major Issues” for the submittal to
DCA with a request for a letter of understanding expressing DCA’s agreement with the selected
topics. Once staff receives the letter of understanding from DCA, the creation of the EAR draft will
commence, followed by PZAB and City Council public hearings, the City Council transmittal
hearing, and the City Council adoption hearing.
EAR REQUIREMENTS
The Evaluation and Appraisal Report is a summary audit of the progress that has been
made and the successes and failures that have been encountered in implementing the
City’s Comprehensive Plan. The report identifies changes that should be made in the plan
in response the results of the audit, to changing trends and conditions that affect the local
community, and to changing state and regional growth management policies. With
assistance from state and regional agencies, adjacent local governments and the public,
the evaluation begins with the identification of the major issues that will be the focus of
the evaluation. The following topics should be addressed in the Evaluation and Appraisal
Report:
Population growth and changes in land area
Vacant and undeveloped land
Anticipated development and existing development
Financial feasibility
School planning
Water supply planning
Coastal high-hazard area
Successes & shortcomings of plan
Identification of Major Issues
Assessment of Goals, Objectives, and Policies relative to major issues
Corrective measures relative to major issues
Public participation
The current EAR process requires the identification of “major issues,’’ as opposed to
assessing and evaluating each element of the Comprehensive Plan. Once the ‘‘major
issues” are determined, the current plan is evaluated as it relates to those “major issues.”
It is evaluated based on whether unforeseen and unanticipated changes in circumstances
in the City have resulted in problems and opportunities with respect to “major issues’ in
each element.
City of Palm Beach Gardens EAR & EAR-based Amendments Timeline
April 2005 to June 2009
With Draft EAR OCA Courtesy Review
Updated 12/2/06
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LEVEL OF SERVICE STANDARDS
URBAN AREA RURALAREA
TRAFFIC CIRCULATION
Facility Type
Neighborhood Collector
City Collector
County Minor Arterial
State Minor Arterial
State Principal Arterial
FIHS Roads
Excepted Links per Table 2A
Beeline Highway
SEWAGE SERVICE
SOLID WASTE
Generation per capita:
Collection:
DRAINAGE
WA TER SER VICE
LOS for Peak Period in Peak Season
D
D
D
E
D
D
D
SANITARY SEWER
107 gallons per day
per capita
7.13 lbs per day
Twice per week
3 day, 25 year event
POTABLE WATER
19 1 gallons per day
per capita
D
D
D
E
D
C
SEPTIC TANKS
Per DEP and Public
Health Department Regulations
7.13 lbs per day
Once per week
3 day, 25 year event
WATER WELLS
Per DEP and Public
Health Department Regulations
RECREATION AND OPEN SPACE
3.7 acres of improved
neighborhood and Park and recreation
community parks facilities will be located
per 1,000 permanent to serve the entire city
residents population, and in most
cases will be in the urban area.
PUBLIC SAFETY
Fir&MS
Police:
PUBLIC SCHOOLS
5 minute response Require well-based
time to 90% of all
calls, on a district basis
sprinklers for all
structures; fire service with tanker
trucks; 8 minute average response
time.
1 150 service calls per officer
per year; crime control strategies
Community Policing Philosophy
1 10% utilization rate or up to 120%, per Policies 1 1.1.1.1 and 1 1.1.1.4 of
the PSF Element
Zone patrol based on rural
CAPITAL IMPROVEMENTS 9-5
INTERDEPARTMENTAL INPUT SUMMARY
Administration
Discussion of retreat issues and lack of consensus for visioning process for the Evaluation and
Appraisal Report
City Forestry
Meeting with Mark Hendrickson, City Forester, and Ross Gilmore, Forestry Technician . Discussion of future of opportunities for conservation and impacts of western
development. Assessment of the current Urban Growth Boundary (UGB) . Western development affects the existing LOS for SUA (water & sewer), Parks, Roads,
Drainage, and Conservation. . Loss of Agricultural uses in the City . Create a goal for public enjoyment of conservation area, use of mitigation for areas for
public use
Fire-Rescue Department
Public Safety element is a requirement for the FR accreditation . Impact fees do not provide for cost of additional facilities
Major issues include deletion of the roadways from the City Conceptual Identification
Map (TIM), recommends re-evaluation of the City’s traffic management to account for
the deletions
Congestion of the roadways affects the FR level of service, the more roadways removed
the harder it is for Fr to meet requirements of LOS
Lack of facilities in the west (e.g. Stations, hospitals)
.
m
Seacoast Utility Authority . .
9
SUA currently renewing permit for water supply
Increase usage of reclaimed water supply
Planning for extending services in future annexation areas and areas east of UGB that
utilize septic and well.
Public Works . Create opportunities for land in lieu of parks and recreation impact fees for new
development
Police . Incorporate six goals in the Police Department Strategic Plan into the Comprehensive
Plan
Future development to the west will require additional facilities
City Engineer . Future turnpike entrance at Hood Road
Parks & Recreation . . Currently there are no allocation for western community park facilities
Plan for annexation of County pockets that currently utilize City parks
Page 2 of 2
Lack of passive recreation areas within the City that are interconnected to encourage
pedestrian mobility
Encourage bike pathdlanes to provide connectivity for City parks
Plan for coming demand on indoor activities in Florida
Demand of services for youth within the City
Create public-private partnership with Eissey Palm Beach Community College campus
to meet recreational needs in future
Compare City’s level of service requirements for parkshecreation with the State
Comprehensive Outdoor Recreation Plan (SCOW)
South Florida Water Management District (SFWMD)
Presentation of Comprehensive Everglades Restoration Plan
Provide storage opportunities that reduce dependency on Lake Okeechobee
Summary of projects within the City boundaries - G160 & G- 16 1
Legal Department
Direction of the City’s vision relative to Eastward HO! Development versus western
expansion .
Issues involved include density and height regulations relative to re-development areas
and in-fill development within the City boundaries.
TOWN OF TUPITER
December 28,2005
? k
P-
i?
Mr. Charles Wu
Growth Management Administrator
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410-4698
CITY OF PALM BEACH GARDENS
DEC 2 g 2005
PLANNING & ZONING DEPT,
RE: Palm Beach Gardens Evaluation and Appraisal Report
Proposed Major Issues and Regional Meeting
DearMr. Wu:
In response to your December 12, 2005 letter, Town staff has reviewed the City's
Comprehensive Plan Evaluation and Appraisal Report (EAR) of list of proposed major
issues and has no comments. Further, due to prior commitments staff will not be able to
attend the City's EAR regional meeting scheduled for January 3,2006.
If you have any further comments or questions, please feel free to contact David Kemp at
your earliest convenience at (56 1) 74 1-2452.
Sincerely
%h R. Sickler, AICP
Director of Planning and Zoning
Town of Jupiter
K:\StamWPS 1\COMPPLAN\2006 EAR Report\Correspondence\PBGardensLt( 12-28-05).doc December 28,2005
210 Military Trail Jupiter, Florida 33458 Phone (561) 746-5134 Fax (561) 575-7785
www. jupiter. fl.us
City of Palm Beach Gardens
Council Agenda
February 16,2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Jablin
Council Member Levy
Council Member Valeche
Council Member Barnett
I.
11.
111.
IV
V.
VI.
3m
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 16,2006
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
a. On-going Service Assessment.
e 7w
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:
5-0 a. fPage 6) Approve Minutes from the January 19, 2006 regular City Council
meeting.
b. (Staff Report on Page 11, Resolution on Page 13) Resolution 4, 2006 -
Approve a work authorization to Vila and Sons, Inc. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a work
authorization and notice to proceed to Vila and Son Landscaping Corporation
based on its Annual Landscaping and Irrigation contract for median
improvements along Northlake Boulevard from Military Trail West to the Florida
Turnpike: and providing an effective date.
C. [Staff Report on Page 32, Resolution on Page 36) Resolution 22, 2006 --
Approve an Amendment to the Financial Assistance Agreement with Palm Beach
County for Beautification of Medians. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the First Amendment to the
Financial Assistance Agreement with Palm Beach County for Median
Beautification on Northlake Boulevard and Military Trail as part of the “Only
Trees, Irrigation, and Sod (OTIS) program; and providing an effective date.
(Page 56) Proclamation - National Engineers Week February 20 - 24, 2006. d.
IX. PUBLIC HEARINGS:
Part I - Quasi-judicial
a.
(’0
(Staff Report on Page 57, Resolution on Page 61) Resolution 17, 2006 -
Shoppe’s on the Green Monument Sign within Fairway Drive Median and
Easement Agreement. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an Amendment to the PGA National Comprehensive
Signage Program to allow a Monument Sign to be located within the Fairway
Drive Median for Shoppes on the Green at PGA National Development of
Regional Impact (DRI); approving an Easement Agreement, as more particularly
described herein; providing for waivers; providing for conditions of approval; and
providing an effective date.
gM-
b. (Staff Report on Page 103, Ordinance on Page 116, Resolution on Page 122)
Ordinance 9, 2006 - (lst reading) Amending the development order of the
Northcorp Planned Community Development (PCD). An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending Ordinance 1, 1990
relating to the Northcorp Planned Community Development (PCD) and Planned
Unit Development (PUD); transferring the conditions of approval of the
Northcorp PCD and PUD to Resolution 19,2006; and providing an effective date.
g:31
P*
Resolution 19,2006 is a companion item to Ordinance 9,2006 and
will require Council action at second reading.
Resolution 19, 2006 - Amendment to the 107-acre Northcorp Planned
Community Development (PCD). A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an amendment to the 103-acre Northcorp
Planned Community Development (PCD), generally located North of Burns
Road, South of PGA Boulevard, East of Interstate 95, and West of Alternate A1 A,
as more particularly described herein, to modify certain conditions of approval;
and providing an effective date.
Resolution 20,2006 is a companion item to Ordinance 9,2006 and
will require Council action at second reading.
{Staff Report on Page 136, Resolution on Page 153) Resolution 20, 2006 -
Approving a site plan amendment to the Anspach project. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a site plan
amendment to the Anspach project at the Northcorp Planned Community
Development (PCD), to allow an additional 16,275 square feet of office use and
32,666 square feet of light industrial use, located on the 7.0-acre site which
comprises lot 1 of the South Park Center and lot 2 of the West Park Center in the
Northcorp Planned Community Development (PCD), generally located at the
Southwest corner of the Intersection of Riverside Drive and Northcorp Parkway,
as more particularly described herein; providing for waivers; providing for
conditions of approval; and providing an effective date.
Part I1 - Non-Quasi-judicial
{Staff Report on Page 183, Ordinance on Page 185) Ordinance 2, 2006 - (2’ld
Reading and Adoption) Approval of a seven-year franchise agreement to Waste
Management, Inc. An Ordinance of the City Council of the City of Palm Beach S*
&: 39
X.
XI
XII.
XIII.
XIV.
Gardens, Florida granting an exclusive Solid Waste, Recycling, and Vegetative
Waste Collection Services Franchise to Waste Management, Inc.; authorizing the
Mayor and City Clerk to execute the franchise agreement with Waste
Management, Inc.; and providing an effective date.
Part I11 - Workshop
a.
RESOLUTIONS:
ORDINANCES: (For Consideration on First Reading)
ITEMS FOR COUNCIL ACTION/DISCUSSION:
CITY ATTORNEY REPORT:
ADJOURNMENT
lPage 238) Evaluation and Appraisal Report (EAR) 2005 “Major Issues”
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 qf 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.
i
i
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
City of Palm Beach Gardens
Council Agenda
February 16,2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Jablin
Council Member Levy
Council Member Valeche
Council Member Barnett
I.
J 11.
J 111.
J IV
J v.
J VI.
J VII.
VIII.
p@r=J-
pl
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 16,2006
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
a. On-going Service Assessment.
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
CONSENT AGENDA:
a. 1 Page 6) Approve Minutes from the January 19, 2006 regular City Council
meeting.
b. [Staff Report on Page 11, Resolution on Page 13) Resolution 4, 2006 -
Approve a work authorization to Vila and Sons, Inc. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a work
authorization and notice to proceed to Vila and Son Landscaping Corporation
based on its Annual Landscaping and Irrigation contract for median
improvements along Northlake Boulevard from Military Trail West to the Florida
Turnpike: and providing an effective date.
C. [Staff Report on Page 32, Resolution on Page 36) Resolution 22, 2006 --
Approve an Amendment to the Financial Assistance Agreement with Palm Beach
County for Beautification of Medians. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the First Amendment to the
Financial Assistance Agreement with Palm Beach County for Median
Beautification on Northlake Boulevard and Military Trail as part of the “Only
Trees, Irrigation, and Sod (OTIS) program; and providing an effective date.
d. 1 Page 56) Proclamation - National Engineers Week February 20 - 24,2006.
PUBLIC HEARINGS:
Part I - Quasi-iudicial
a. jStaff‘ Report on Page 57, Resolution on Page 61) Resolution 17, 2006 -
Shoppe’s on the Green Monument Sign within Fairway Drive Median and
Easement Agreement. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an Amendment to the PGA National Comprehensive
Signage Program to allow a Monument Sign to be located within the Fairway
Drive Median for Shoppes on the Green at PGA National Development of
Regional Impact (DRI); approving an Easement Agreement, as more particularly
described herein; providing for waivers; providing for conditions of approval; and
providing an effective date.
b. jStaff’ Report on Page 103, Ordinance on Page 116, Resolution on Page 122)
Ordinance 9, 2006 - (lst reading) Amending the development order of the
Northcorp Planned Community Development (PCD). An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending Ordinance 1, 1990
relating to the Northcorp Planned Community Development (PCD) and Planned
Unit Development (PUD); transferring the conditions of approval of the
Northcorp PCD and PUD to Resolution 19,2006; and providing an effective date.
Resolution 19,2006 is a companion item to Ordinance 9,2006 and
will require Council action at second reading.
Resolution 19, 2006 - Amendment to the 107-acre Northcorp Planned
Community Development (PCD). A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an amendment to the 103-acre Northcorp
Planned Community Development (PCD), generally located North of Burns
Road, South of PGA Boulevard, East of Interstate 95, and West of Alternate AlA,
as more particularly described herein, to modify certain conditions of approval;
and providing an effective date.
Q,d-
5-
J
X.
XI
XII.
XIII.
XIV.
Resolution 20,2006 is a companion item to Ordinance 9,2006 and
will require Council action at second reading.
[Staff Report on Page 136, Kesolution on Page 153) Resolution 20, 2006 -
Approving a site plan amendment to the Anspach project. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a site plan
amendment to the Anspach project at the Northcorp Planned Community
Development (PCD), to allow an additional 16,275 square feet of office use and
32,666 square feet of light industrial use, located on the 7.0-acre site which
comprises lot 1 of the South Park Center and lot 2 of the West Park Center in the
Northcorp Planned Community Development (PCD), generally located at the
Southwest corner of the Intersection of Riverside Drive and Northcorp Parkway,
as more particularly described herein; providing for waivers; providing for
conditions of approval; and providing an effective date.
Part I1 - Non-Ouasi-iudicial
a. [Staff Keport on Page 183, Ordinance on Page 185) Ordinance 2, 2006 - (2nd
Reading and Adoption) Approval of a seven-year franchise agreement to Waste
Management, Inc. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida granting an exclusive Solid Waste, Recycling, and Vegetative
Waste Collection Services Franchise to Waste Management, Inc.; authorizing the
Mayor and City Clerk to execute the franchise agreement with Waste
Management, Inc.; and providing an effective date.
Part I11 - Workshop
a. [Page 238) Evaluation and Appraisal Report (EAR) 2005 “Major Issues”
RESOLUTIONS:
ORDINANCES: (For Consideration on First Reading)
ITEMS FOR COUNCIL ACTION/DISCUSSION:
CITY ATTORNEY REPORT:
ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interestedpersons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8770 (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 Address: I18 Bacfii CtlY 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 C 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. cil during the "
COMMENTS FROM THE PUBLIC Request to Address City Council Name: L4%5 0 Address: I 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 L/ 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.
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Q 78-43
.. e4
PALM BEACH GARDENS CODE 3
3
Supp. No. 17 CD78:20
.
Northlake Village
Vizcaya Gardens
Central Park - Re-issued 11/29/05 - Expires 11/29/06
BUILDING PERMIT REVIEW
jh, bk Tuesday, 2/14/06@ 10a.m. Bascom Palmer Building A
PRE-PERMIT MEETINGS
-CENT PRE-APPLICATIONflNFO. MEETINGS HELD
Gardens East - duplexes into townhomes
Gardens Plaza @ 3300 PGA Blvd
10300 Riverside Drive
Decorators Unlimited Signage
Adelphia Cable Bldg @ 10435 Ironwood Rd
Gardens Mall
10415 Riverside Drive (former Covenant Center Int’l site)
Northlake Village (site directly south of Home Depot)
The Meritas School (Parcel 18 @ the Beeline HWY)
Cimarron Cove (Parcel 3 1.04 Commercial)
PENDING PLATS
Updated: 2/13/2006
Merriam-Webster Online Dictionary I
applicable
One entry found for applicable.
Main Entry: ap-pli*ca*ble 41) 40
Pronunciation: 1 a -pl i - k& - b&l a 1 so & - pl i - k& -
Function: adjective
: capable of or suitable for being applied : APPROPRIATE
<statutes applicable to the case>
synonym see RELEVANT
LDR Section. 78-6. Interpretation and conflict.
“(b) Conflict with other public provisions. This chapter is not intended to interfere with, abrogate or
annul any other ordinance, rule or regulation, statute or other provision of law, except those which are
in conflict with these provided for in this chapter. Where any provision of this chapter imposes
restrictions different from those imposed by any other provision of this chapter or any other ordinance,
rule or regulation or other provision of law, the provision which is more restrictive or imposes
hiaher standards will control. ”
LDR Section. 78-49. Amendments to approved development orders.
“(b) Major amendments. Development order applications for major amendments
same manner as the original application. Major amendments to approved development plans include
the changes listed below.
(73) Changes to developer‘s agreements. Any chanaes to an approved developer’s agreement. ”
reviewed in the
LDR Section. 78-43. Review of applications for development order approval. Table 2:
Development Review Schedule requires the following actions: I) Pre-App, 2) Submit Application, 3)
Sufficiency Review, 4) DRC Review, 5) DRC ApprovaVCertification, 6) PZAB Workshop, 7) PZAB
Public Hearing, 8) Council First Reading, and 9) Council Second Reading
LDR Section. 78-61. “Effective period of development orders and enforcement of conditions.
b) to comply with one or more time requirements or failure to comply with a condition of
development apwoval. ”
Suspension of development orders. Suspension of development orders may occur upon failure
LDR Section. 78-43. Review of applications for development order approval.
(a) Compliance. Applications for development order approval shall be reviewed as indicated in
Table 7 and comply with all requirements of this chapter.
(7) Development review schedule. Review of all applications for development order approval shall
be consistent with the requirements of Table 2.
“Affidavit of Property Owners” submitted in behalf of the Borland project is missing the single largest
Property owner that is directly impacted by both the landscaping and traffic light issue. Parcel Control
Number 52-42-42-01 -04-0000, which is for the Publix/Cafe Chardonnay Plaza was omitted The
omission of any property owner invokes LDR 78-54(e), “Failure to Provide Notice”. This LDR section
states: ”Failure to comply SHALL result in an automatic postponement of the application’’
Type I FENCE I Status 1 issued *
Permit Description Address
Applicant 1
14751 PGA BLVD SITUS PALM BEACH GARDENS FL 33410
1 J.RAYMOND CONSTRUCTION Owner N CListi:' 00006047
t
.. - ....... ......... -.I_-_____ __ ~-_--_---_____--
Permit Routing Status
Permit Counter
Development Compliance
Building Plan Review
2/3/2006 2/3/2006 Routed
11 :56: 14 11 :57: 19
AM AM
2/3/2006
11:57: 19
AM AM
2/3/2006 2/3/2006 Routed
11:58:38 1:39:22 PM
AM
2/3/2006 Routed
1 1 : 58: 38
Permit Counter
Permit Counter
Permit Routing History
v ....-
I
*\ Action Comments Date
Ta BateIN * $Vi
level Titla
r r
Permit Counter
___-
Development Compliance
Building Plan Review
2/3/2006 2/3/2006 Routed
11:56:14 11 :57: 19
AM AM . .................... -.
2/3/2006 1 .. 2/3~~~~d--1/-'-Ro~ted
.~
11:57:19 11 :58:38 through per
AM 111 Brad ~ Wiseman ...................... ..
...
reviewed by
AM ... Jim Brown
Planning & Zoning
Location :
Page 1 of2
-
0 pJ- 2 11,- /oG ciY{ C&' PkuiYl pj
- LQcJ dk+ RY V;W
Borland Center (Midtown PUD) Description :
A request by Don Hearing, agent for
Project$ : Center PUD, for approval of an amei
development order of the subject Pl
Planner: B. Wiseman the deadline for installing all perime
adjacent to public rights-of-way and
North side of PGA Boulevard Boulevard/Shadv Lakes Drive traffic
MISC-05-12-00001 I
between Gardens Square included in this amendment are deal
Boulevard and Shady Lakes proposed by staff for the installation
Drive
r,,
PZAB DATE:
City Council Date:
Approval Date:
OrdlResolution 3.
Anspach
Project# :
Planner:
Location:
DRC Mtg Date:
PZAB DATE:
02/14/2006
0 3/0 2/ 2 006
N/A
Res. 14-2006
SPLN-05-11-03
1. Cai
4500 Riverside Drive
1 2/ 1 5/200 5
01/24/2006
landscape buffer adjacent to the Gal
PUD and the Military TraiI/Garden L;
traffic signal. The Borland Center PU
located at the northeast corner of P(
and Shady Lakes Drive and is appro
acres in size.
Click here to view the development
mb)
Click here to view the traffic signal r
Click here to view the staff report
Click here ro view the landscape buf -
Description :
A request by Cotleur 8. Hearing, Inc.
Anspach Holdings, Ltd., for an amen
previously approved site plan to allo
of a 48,941 sq ft building, located 01
7.0-acre site, which comprises of Lo
south park center plat and lot 2 of tl
center plat in the NorthCorp Plannec
Development (PCD). The subject sit1
located at the SW corner of the intei
Riverside Dr and NorthCorp Parkwa)
02/16/2006 - 1st Reading
03/02/2006 - 2nd Reading
Click here to view the staff report (2 City Council Date:
Click here to view the application (2
Approval Date: N/A
Ord/Resolution #: Res. 20, 2006
Palm Beach Community Church @ Midtown
(f.k.a. Borland Center)
Project# :
Planner:
Location :
DRC Mtg Date:
PZAB DATE:
ADMN-06-01-48
B. Wiseman
North side of PGA Boulevard
between Gardens Square
Boulevard and Shady Lakes
Drive
Description:
A request by Don Hearing, of Cotleu
on behalf of Palm Beach Community
approval of modifications to floor pk
a 14,480 square foot reduction in bi
resulting in an outdoor play area. Tt
(f.k.a. Borland Center) PUD is locate
corner of PGA Blvd and Shady Lakes
Click here to view the development
http://pbgfl.com/business/gm/pz/pz.asp 2/16/2006
Northlake Village
Vizcaya Gardens
Central Park - Re-issued 11/29/05 - Expires 11/29/06
BUILDING PERMIT REVIEW
jh, bk Tuesday, 2/14/06@ 10a.m. Bascom Palmer Building A
PRE-PERMIT MEETINGS
RECENT PRE-APPLICATIONDNFO. MEETINGS HELD-
Gardens East - duplexes into townhomes
Gardens Plaza @ 3300 PGA Blvd
10300 Riverside Drive
Decorators Unlimited Signage
Adelphia Cable Bldg @ 10435 Ironwood Rd
Gardens Mall
10415 Riverside Drive (former Covenant Center Int’l site)
Northlake Village (site directly south of Home Depot)
The Meritas School (Parcel 18 @ the Beeline HWY)
Cimarron Cove (Parcel 3 1.04 Commercial)
PENDING PLATS
Updated: 2/13/2006
erriam-Webster Online Dictionary I
applicable
One entry found for applicable.
Main Entry: ap.pli*ca*ble 41) 1))
Pronunciation: 1 a -pl i - k& - b&l a 1 so &- pl i - k&-
Function: adjective
: capable of or suitable for being applied : APPROPRIATE
<statutes applicable to the case>
synonym see RELEVANT
LDR Section. 78-6. Interpretation and conflict.
“(b) Conflict with other public provisions. This chapter is not intended to interfere with, abrogate or
annul any other ordinance, rule or regulation, statute or other provision of law, except those which are
in conflict with these provided for in this chapter. Where any provision of this chapter imposes
restrictions different from those imposed by any other provision of this chapter or any other ordinance,
rule or regulation or other provision of law, the provision which is more restrictive or imposes
hiaher standards will control.”
LDR Section. 78-49. Amendments to approved development orders.
“(b) Major amendments. Development order applications for major amendments
same manner as the original application. Major amendments to approved development plans include
the changes listed below.
(13) Changes to developer’s agreements. Anv chanaes to an approved developer‘s agreement. ”
reviewed in the
LDR Section. 78-43. Review of applications for development order approval. Table 2:
Development Review Schedule requires the following actions: 1) Pre-App, 2) Submit Application, 3)
Sufficiency Review, 4) DRC Review, 5) DRC ApprovaYCertification, 6) PZAB Workshop, 7) PZAB
Public Hearing, 8) Council First Reading, and 9) Council Second Reading
LDR Section. 78-61. ‘Effective period of development orders and enforcement of conditions.
b)
to comply with one or more time requirements or failure to corn& with a condition of
development approval. ”
Suspension of development orders. Suspension of development orders may occur upon failure
LDR Section. 78-43. Review of applications for development order approval.
(a) Compliance. Applications for development order approval shall be reviewed as indicated in
Table I and comply with all requirements of this chapter.
(1) Development review schedule. Review of all applications for development order approval shall
be consistent with the reauirements of Table 2.
“Affidavit of Property Owners” submitted in behalf of the Borland project is missing the single largest
Property owner that is directly impacted by both the landscaping and traffic light issue. Parcel Control
Number 52-42-42-01 -04-0000, which is for the Publix/Cafe Chardonnay Plaza was omitted The
omission of any property owner invokes LDR 78-54(e), “Failure to Provide Notice”. This LDR section
states: “Failure to comply SHALL result in an automatic postponement of the application”
Bettie Brown Marks
ff I!
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, engineers help to design, construct and maintain the
infrastructure and facilities that contribute to a high quality of life for all resident of
Palm Beach Gardens; and
WHEREAS, Palm Beach Garden's future growth depends on engineers
executing innovative, creative, high-quality solutions to technical problems; and
WHEREAS, the stated purposes of the Florida Engineering Society shall be
to advance the public welfare and to promote the professional, social and economic
interests of the engineering profession and to stimulate and develop professional concepts
among all engineers through education and in practice; and
WHEREAS, current members of the Florida Engineering Society and the
Florida Institute of Consulting Engineers are making strides to interact with the
engineering education sector to prepare future engineers to maintain our economic
leadership and quality of life;
WHEREAS, it is fitting that we recognize and honor the continuing
contributions of America's engineers by observing Engineers Week with the motto:
"Engineering The Future':·
NOW, THEREFORE, I, Joseph Russo, Mayor of the City of Palm Beach Gardens,
Florida, do hereby proclaim the week of February 20-24,2006 National Engineers Week.
ATTEST:
p~icrk
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City of Palm
Beach Gardens, ori a, to affixed this 16th
Day of Februa e ye Two housand and
Six.
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, engineers help to design, construct and maintain the
infrastructure and facilities that contribute to a high quality of life for all resident of
Palm Beach Gardens; and
WHEREAS, Palm Beach Garden's future growth depends on engineers
executing innovative, creative, high-quality solutions to technical problems; and
WHEREAS, the stated purposes of the Florida Engineering Society shall be
to advance the public welfare and to promote the professional, social and economic
interests of the engineering profession and to stimulate and develop professional concepts
among all engineers through education and in practice; and
WHEREAS, current members of the Florida Engineering Society and the
Florida Institute of Consulting Engineers are making strides to interact with the
engineering education sector to prepare future engineers to maintain our economic
leadership and quality of life;
WHEREAS, it is fitting that we recognize and honor the continuing
contributions of America's engineers by observing Engineers Week with the motto:
"Engineering The Future':·
NOW, THEREFORE, I, Joseph Russo, Mayor of the City ofPalm Beach Gardens,
Florida, do hereby proclaim the week of February 20-24, 2006 National Engineers Week.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused t Seal of the City of Palm
Beach Gardens, F d o be Yixed this 16th
Day of Februa · T. sand and
Six.
Attest:
PROCLAMATION
CITY OF PALM BEACH GARDENS
STATE OF FLORIDA
WHEREAS, a healthy and productive community is essential to the mission of the Palm
Beach County Health Department and its ability to successfully promote and encourage
physical activity for people of all ages and abilities to improve their mental health, and
reduce the risks of obesity, heart disease: and diabetes; and
WHEREAS, much of the chronic disease burden is preventable through effective prevention
measures which exit today to substantially curtail the illnesses, disabilities, and unnecessary
or early deaths caused by these diseases; and
WHEREAS the Palm Beach County Health Department encourages communities, schools,
and worksites to set goals, reduce barriers, make healthy choices, and strive for sustaining
healthier lifestyles; and
WHEREAS, The Palm Beach County Health Department values the support of communities,
agencies, and organizations that implement wei/ness activities; and
WHEREAS, the implementation of awellness event can benefit residents by improving their
physical health and morale;
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor
of the City of Palm Beach Gardens, Florida, do hereby proclaim February 14, 2006 as
STEP UP FLORIDA DAY
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City of
Palm Beach Gardens, Florida, to be affixed on
this :fiD day of February, Two Thousand-Six.
Patricia Snider, CMC, City Ckrk
Attest
PROCLAMATION
CITY OF PALM BEACH GARDENS
STATE OF FLORIDA
WHEREAS, a healthy and productive community is essential to the mission of the Palm
Beach County Health Department and its ability to successfully promote and encourage
physical activity for people of all ages and abilities to improve their mental health, and
reduce the risks of obesity, heart disease, and diabetes; and
WHEREAS, much of the chronic disease burden is preventable through effective prevention
measures which exit today to substantially curtail the illnesses, disabilities, and unnecessary
or early deaths caused by these diseases; and
WHEREAS the Palm Beach County Health Department encourages communities, schools,
and worksites to set goals, reduce barriers, make healthy choices, and strive for sustaining
healthier lifestyles; and
WHEREAS, The Palm Beach County Health Department values the support of communities,
agencies, and organizations that implement wellness activities; and
WHEREAS, the implementation of awellness event can benefit residents by improving their
physical health and morale;
NOW, THEREFORE, /, Joseph R Russo, by virtue of the authority vested in me as Mayor
of the City of Palm Beach Gardens, Florida, do hereby proclaim February 14, 2006 as
STEP UP FLORIDA DAY
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City of
Palm Beach Gardens, Florida, to be affixed on
this~ dayofFebruary, Two Thousand-Six.
Patrieia Snido, CMC, City Clerk