HomeMy WebLinkAboutAgenda Council Agenda 022306 Special
City of Palm Beach Gardens
Special Meeting
Council Agenda
February 23, 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
CITY COUNCIL SPECIAL MEETING
February 23, 2006
4:00 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:
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:
IX. PUBLIC HEARINGS:
X. RESOLUTIONS:
a. Resolution 29, 2006 – Approving the execution of an Interlocal Agreement with
Palm Beach County. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida authorizing the Mayor and City Clerk to execute an Interlocal
Agreement with Palm Beach County for the reimbursement of Three Million
Dollars ($3,000,000.00) for costs related to the acquisition and/or development of
the 70-Acre Briger Parcel to be developed for Scripps Florida on the Abacoa FAU
/ Briger site; and providing an effective date.
b. Resolution 30, 2006 – Authorizing the transfer of funds to Palm Beach County in
accordance with the Interlocal Agreement. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida amending the City of Palm Beach
Gardens’ budget for the fiscal year beginning October 1, 2005, and ending
September 30, 2006, inclusive, by approving the transfer of funds pursuant to
Section 2-293, Code of Ordinances for costs related to the acquisition of the 70-
acre Briger Parcel to be developed for Scripps Florida on the Abacoa FAU /
Briger site; and providing an effective date.
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
Agenda Cover Memorandum
Date Prepared: February 21,2006
Meeting Date: February 23, 2006
Resolution 29, 2006
SubjecUAgenda Item:
Resolution 29, 2006: Interlocal Agreement with Palm Beach County
Approving an lnterlocal Agreement between the City of Palm Beach Gardens and Palm
Beach County providing for the commitment of up to Three Million Dollars ($3,000,000.00)
for land acquisition costs for the purchase of a 70-acre Briger parcel by the County for
Phase II of the Scripps Florida Campus on the Abacoa FAU / Briger site.
[ XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Administrato
Manager
Planning
Kara Irwin
Act ion :
[ ] Quasi-judicial
Wgislative
[ ] Public Hearing
Advertised:
Date:
Paper:
[ ] Required
[XI Not Required
Affected Parties:
[ ] Notified
[XI Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI OtherN/A
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Resolution 29, 2006
Interlocal Agreement
Resolution 27, 2005
Date Prepared: February 21, 2006
Meeting Date: February 23, 2006
Resolution 29, 2006
Page 2 of 3
EXECUTIVE SUMMARY
On December 13,2005, the Palm Beach County Board of County Commissioners directed
staff to conduct an alternative site analysis, which eventually included an evaluation of
three sites as possible sites for the Scripps Florida Campus. One of the three sites, known
as the “Abacoa FAU/Briger site,” is located within the municipal boundaries of both the City
of Palm Beach Gardens and the Town of Jupiter. During the competitive alternative site
evaluation, the City adopted Resolution 27,2006 in which the City committed to the County
to expend up to Three Million Dollars ($3,000,000.00) for infrastructure improvements,
concurrency reservation and/or land purchase costs to acquire seventy (70) acres of real
property within the “Briger Parcel.” Palm Beach County has requested that the City provide
legally binding commitments to that obligation.
The purpose of the Interlocal is to provide a binding commitment from Palm Beach
Gardens for up to Three Million Dollars ($3,000,000.00) for the County to acquire
approximately seventy (70) acres of real property within the Briger Parcel.
DISCUSSION
On February 13,2006, the City Council adopted Resolution 27,2006 expressing continued
support for The Scripps Research Institute (TSRI) locating within northern Palm Beach
County, and particularly in the Palm Beach GardendJupiter area, on the Abacoa FAU /
Briger site, by committing up to Three Million Dollars ($3,000,000.00) for infrastructure
improvements, concurrency reservation and/or land purchase costs for the 70-acre parcel
located on the Briger Tract.
In light of the County’s decision to put The Scripps Research Institute (TSRI) on the
Abacoa FAWBriger’site, the County has requested an Interlocal Agreement to legally
obligate the City to the commitment set forth in Resolution 27, 2006. The Interlocal
provides for the City to reimburse the County a total amount up to Three Million Dollars
($3,000,000.00) for the acquisition of 70 acres of real property within the Briger Parcel
within thirty (30) days of the closing of the transaction to acquire the property. The County
has also included language providing that the County may request that the City complete
due diligence for the County’s contract to acquire the parcel and the deduction of the actual
costs of such due diligence from the Three Million Dollar ($3,000,000.00) reimbursement
payment to the County.
INTERLOCAL AGREEMENT
A brief summary of the Interlocal Agreement has been provided below:
The City agrees to reimburse the County a total amount of Three Million Dollars
($3,000,000.00) for the acquisition of real property within the Briger Parcel within
thirty (30) days of the closing of the transaction to acquire the property.
The County may request the City to conduct due diligence on the real property to be
acquired within the Briger Parcel on behalf of the County, which may include
Date Prepared: February 21, 2006
Meeting Date: February 23, 2006
Resolution 29, 2006
Page 3 of 3
surveys, environmental assessments or audits and title insurance. In the event the
City conducts due diligence at the County’s request, the City may deduct the actual
costs of such due diligence from the Three Million Dollar ($3,000,000.00)
reimbursement payment to the County. However, the City shall not be required to
incur due diligence costs in excess of One Hundred Thousand Dollars
The City shall provide the County with documentation, which is reasonably
satisfactory to the County, evidencing any due diligence costs incurred by the City,
including, without limitation, original invoices and receipts, with the reimbursement
payment.
In the event the County is unable to negotiate an agreement acceptable to the
County or close on the transaction to acquire the aforementioned real property, the
County shall provide the City written notice of such circumstances, whereupon the
parties shall be released from all further obligations.
In the event that the County does not complete the transaction to purchase the
property, the Interlocal does not provide for any methods of re-imbursement for any
costs associated with the due diligence completed by the City for the parcel.
($1 00,000.00).
STAFF RECOMMENDATION
Staff recommends approval of Resolution 29, 2006.
Date
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RESOLUTION 29,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH
PALM BEACH COUNTY FOR THE REIMBURSEMENT OF THREE
MILLION DOLLARS ($3,000,000.00) FOR COSTS RELATED TO
BRIGER PARCEL TO BE DEVELOPED FOR SCRIPPS FLORIDA
ON THE ABACOA FAU I BRIGER SITE; AND PROVIDING AN
EFFECTIVE DATE.
THE ACQUISITION AND/OR DEVELOPMENT OF THE 70-ACRE
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969,” authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, on February 13, 2006, the City Council adopted Resolution 27,
2006, which is attached hereto as Exhibit “A” (“Resolution”); and
WHEREAS, the City has recognized that the relocation of The Scripps Research
Institute’s (“TSRI”) operations on Florida Atlantic University’s John D. McArthur Campus
(“FAU Jupiter Campus”) and to a portion of the Briger Parcel will further the Economic
Development Element of the City’s Comprehensive Plan and will ensure a diversified
economy, shift ad valorem tax revenues away from the residential component,
encourage growth in cluster industries that provide high-wage employment, and
complement changing economic conditions; and
WHEREAS, the City has committed to the County to expend up to Three Million
Dollars ($3,000,000.00) for infrastructure improvements, concurrency reservation,
and/or land purchase costs to acquire seventy (70) acres of real property within a parcel
of land located in the City referred to as the “Briger Parcel”, which is generally depicted
in the location map attached hereto as Exhibit “B” (“Briger Parcel”); and
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Date Prepared: February 17,2006
Resolution 29, 2006
WHEREAS, the Board of County Commissioners elected to enter into
negotiations with the TSRI for the relocation of its operations to the FAU Jupiter
Campus and a portion of the Briger Parcel in reliance on the City’s commitment to
provide funding for the acquisition of a portion of the Briger Parcel; and
WHEREAS, the County is currently in negotiations with the owner(s) of the
Briger Parcel, for the donation and conveyance of approximately seventy (70) acres of
real property for a purchase price of approximately Sixteen Million Dollars
($16,000,000.00), which the County intends to offer to lease to TSRI; and
WHEREAS, the Board of County Commissioners desires to be reimbursed
Three Million Dollars ($3,000,000.00) by the City to acquire approximately seventy (70)
acres of real property within the Briger Parcel and for associated due diligence costs;
and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the lnterlocal Agreement with
Palm Beach County for the reimbursement of Three Million Dollars ($3,000,000.00) for
costs related to the acquisition and/or development of the 70-acre Briger Parcel to be
developed for Scripps Florida on the Abacoa FAU / Briger Site and hereby authorizes
the Mayor and City Clerk to execute said Agreement.
SECTION 3. 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
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
BY:
BY:
Joseph R. Russo, Mayor
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
LEVY
VALECHE
BARNETT
-- AYE NAY ABSENT
\\pbgsfile\Attorney\attorney_share\RESOLUTIONS\interlocal agrnt with pbc -scripps funding-reso 29 2006.doc
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~~~ ~
Date Prepared: February 17,2006
Resolution 29, 2006
PASSED AND ADOPTED this day of ,2006.
Date Prepared: February 17,2006
Resolution 29,2006
EXHl BIT “A”
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Date Prepared: February 9, 2006
RESOLUTION 27,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
EACH GARDENS, FLORIDA EXPRESSlNG CONTlNUED
SUPPORT FOR THE SCRIPPS RESEARCH INSTI
M BEACH COUNTY; COMMITTING UP TO
DOLLARS ($3,000,000.0 FOR
MENTS AND NCURRENCY
CHARGES FOR THE DEVEL ENT OF THE ?&ACRE BRIGER
PARCEL TO BE DEVELOPED FOR SCRIPPS FLORIDA ON THE
ABACOA FAU I BRIGER SITE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED 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, Florida
recognizes the importance of and continues to support the location of The Scripps
Research Institute in Palm Beach County.
. Additionally, the City Council of the City of Palm Beach Gardens,
ce for the location of The Scri
in the Palm Be
SECTION 3. The location of The Scripps Research Institute on the Abacoa FAU
er site will further t
Beach Gardens C
Is of the Economic Development Element of
ensive Plan and will ensure a diversified eco
ad-vatorem tax revenues away from the residential component, encourag
duster industries that provide high-wage employment, and complement changing
economic conditions.
SECTION 4. The City Council hereby commits to the expenditure of up to Three
Million Dollars ($3,000,000.00) for infrastructure improvements, concurrency
reservation, and/or land purchase costs for the 70-acre Briger parcel provided for
Scripps Florida on the Abacoa FAU / Briger site.
SECTlON 5. The City Manager is hereby directed to provide a method of funding
an amount not to exceed Three Million Dollars ($3,000,000.00) for such improvements
and costs as identified through cooperative planning with Palm Beach County and the
Town of Jupiter.
SECTION 6. This Resolution shall become effective immediately upon adoption.
~
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3a
Date Prepared: February 9,2006 Resolution 27, 2006
PASSED AND ADOPTED this /JW day of fe4wLLq- U ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
1 ATTEST:
BY:
APPROVED AS TO FORM AND
LEGAL SU FFlC IENCY
stine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO J--
J VlCE MAYOR JABLIN ---
J COUNCILMEMB ---
/- COUNCILMEMBERVAL ---
J ---
e
\\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\SCRlPPS - reso 27 2006 - - 2-13-06-2 doc
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Date Prepared: February 17,2006
Resolution 29, 2006
EXHIBIT “B”
I- BRIGER TRACT
i
;r
c
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF PALM BEACH GARDENS
This lnterlocal Agreement is made the day of
20 , between Palm Beach County, a political subdivision of the State of Florida,
(“County”) and the City of Palm Beach Gardens, a Florida municipal corporation (“City”),
each one constituting a public agency as defined in Part I of Chapter 163, Florida
Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969” authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, on February 13, 2006, the City Council adopted Resolution 27,
2006, which is attached hereto as Exhibit “A” (“Resolution”); and
WHEREAS, the City has recognized that the relocation of The Scripps Research
Institute’s (“TSRI”) operations on Florida Atlantic University’s John D. McArthur Campus
(“FAU Jupiter Campus”) and to a portion of the Briger Parcel will further the Economic
Development Element of the City’s Comprehensive Plan and will ensure a diversified
economy, shift ad valorem tax revenues away from the residential component,
encourage growth in cluster industries that provide high wage employment, and
complement changing economic conditions; and
WHEREAS, the City has committed to the County to expend up to Three Million
Dollars ($3,000,000.00) for infrastructure improvements, concurrency reservation and/or
land purchase costs to acquire seventy (70) acres of real property within a parcel of
land located in the City referred to as the “Briger Parcel”, which is generally depicted in
the location map attached hereto as Exhibit “B” (“Briger Parcel”); and
WHEREAS, the Board of County Commissioners elected to enter into
negotiations with the TSRI for the relocation of its operations to the FAU Jupiter
Campus and a portion of the Briger Parcel in reliance on the City’s commitment to
provide funding for the acquisition of a portion of the Briger Parcel; and
WHEREAS, the County is currently in negotiations with the owner(s) of the
Briger Parcel, for the donation and conveyance of approximately seventy (70) acres of
real property for a purchase price of approximately Sixteen Million Dollars
($1 6,000,000.00), which the County intends to offer to lease to TSRI; and
WHEREAS, the Board of County Commissioners desires to be reimbursed Three
Million Dollars ($3,000,000.00) by the City to acquire approximately seventy (70) acres
of real property within the Briger Parcel and for associated due diligence costs.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
1.
reference.
2. The County will use good faith efforts to negotiate an agreement with the
owner(s) of the Briger Parcel for the donation and purchase of approximately seventy
(70) acres of real property within the Briger Parcel under such terms and conditions as
are acceptable to the County, in its sole discretion, and to close on the transaction to
acquire the property. The City agrees to reimburse the County a total amount of Three
Million Dollars ($3,000,000.00) for the acquisition of real property within the Briger
Parcel, including associated due diligence costs incurred by the County, within thirty
(30) days of the closing of the transaction to acquire the property. The City agrees to
obtain due diligence on all or a portion of the Briger Parcel at the County’s request,
which may include surveys, environmental assessments or audits and title insurance.
In the event the City conducts due diligence at the County’s request, the City may
deduct the actual costs of such due diligence from the Three Million Dollar
($3,000,000.00) reimbursement payment to the County; provided, however, the City
shall not be required to incur due diligence costs in excess of One Hundred Thousand
The foregoing recitals are true and correct and are hereby incorporated herein by
Dollars ($100,000.00). Any due diligence costs incurred on and from February 15,
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2006, by the City at the County’s request shall be eligible for deduction from the
reimbursement payment. Any reports, surveys or environmental assessments or audits
obtained by the City hereunder shall be certified to the County so that the County may
rely on the information contained therein. Any title commitment(s) obtained by the City
on behalf of the County shall identify the County as the proposed insured and shall be in
an amount requested by the County. The City shall provide the County with
documentation, which is reasonably satisfactory to the County, evidencing any due
diligence costs incurred by the City, including, without limitation, original invoices and
receipts, with the reimbursement payment.
3. In the event the County is unable to negotiate an agreement acceptable to the
County or close on the transaction to acquire the aforementioned real property, the
County shall provide the City written notice of such circumstances, whereupon the
parties shall be released from all further obligation hereunder.
4. The reimbursement payment provided for in paragraph 2 above shall be made
payable to the “Palm Beach County Board of County Commissioners” and shall be
delivered to Shannon Larocque, Scripps Program Manager, 301 North Olive Avenue,
1 lth Floor, West Palm Beach, Florida 33401, or, at the County’s option, by interbank
wire transfer of immediately available funds to an account designated by the County.
Failure to deliver the reimbursement payment within the aforementioned thirty (30) day
period shall be a material default of this Agreement, entitling the County to seek any
remedy available to it at law or equity, including, without limitation, monetary damages.
5. All notices given under this Agreement shall be deemed sufficient to each party
when delivered by United States Mail, personal delivery or a nationally-recognized
overnight delivery service to the following:
If to County:
Shannon Larocque
Scripps Program Manager
Palm Beach County
301 North Olive Avenue, 1 1 th Floor
West Palm Beach, Florida 33401
3
With a copy to:
Jim Mize, Chief Assistant County Attorney
Palm Beach County Attorney’s Office
301 North Olive Avenue, Suite 601
West Palm Beach, Florida 33401
If to City:
Ronald M. Ferris, City Manager
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
With a copy to:
Christine P. Tatum, City Attorney
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Either party may change the address to which notices shall be given to such
party upon three (3) days prior written notice to the other party. The effective date of
any notice given hereunder shall be the date of delivery if by personal delivery or the
date of receipt if given by United States or overnight mail.
6.
Florida. Any and all legal action necessary to enforce this Agreement will be held in
Palm Beach County.
7.
and shall have no substantive meaning.
8.
Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect
the remaining portions of this Agreement and the same shall remain in full force and
effect.
9.
supersedes all other negotiations, representations, or agreement, either written or oral,
relating to this Agreement.
IO. Exhibits attached hereto and referenced herein shall be deemed to be
incorporated into this Agreement by reference.
This Agreement shall be construed by and governed by the laws of the State of
The captions and section designations set forth herein are for convenience only
In the event that any section, paragraph, sentence, clause, or provision of this
This Agreement represents the entire understanding between the parties, and
4
11.
provision of this Agreement where a time is specified for performance.
12. This Agreement may be modified and amended only by written instrument
executed by the parties hereto.
13. No waiver of any provision of this Agreement shall be effective against
either party unless it is in writing and signed by the party waiving such provision. A
written waiver shall only be effective as to the specific instance for which it is obtained
and shall not be deemed a continuing or future waiver.
14.
have participated in extensive negotiations and drafting and redrafting of this document
to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly
construed against one party as opposed to the other party based upon who drafted it.
15.
for Palm Beach County pursuant to Section 163.01 (1 I), Florida Statutes.
16. This Agreement shall become effective when signed by the both the parties,
approved by the Palm Beach County Board of County Commissioners and filed with the
Clerk of the Circuit Court in and for Palm Beach County (the “Effective Date”). The
term of this Agreement shall commence on the Effective Date and shall expire upon the
County’s receipt of the reimbursement payment provided for in paragraph 2 above and
related documentation, which is reasonably satisfactory to the County, evidencing due
diligence costs incurred by the City, if any.
Time is of the essence with respect to the performance of each and every
Neither party shall be considered the author of this Agreement since the parties
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and
{Remainder of page intentionally left blank}
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IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the
day and year first above written.
ATTEST:
Sharon R. Bock, Clerk &
Co m p t ro I I e r
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Tony Masilotti, Chairman
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY CONDITIONS
APPROVED AS TO TERMS AND
By: By:
County Attorney Scripps Program Manager
ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA
By: By:
City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL S U FFlC I ENCY
By:
City Attorney
C \Documents and Settings\Laura\My Documents\Latira\intel.local PBG 2-22-06 rtf
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EXHIBIT “A”
RESOLUTION
7
Date Prepared: February 9, 2006
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RESOLUTION 27,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA EXPRESSING CONTINUED
SUPPORT FOR THE SCRIPPS RESEARCH INSTITUTE LOCATING
IN PALM BEACH COUNTY; COMMITTING UP TO THREE MILLION
DOLLARS ($3,000,000.00) FOR INFRASTRUCTURE
IMPROVEMENTS AND CONCURRENCY RESERVATION
PARCEL TO BE DEVELOPED FOR SCRIPPS FLORIDA ON THE
ABACOA FAU I BRIGER SITE; AND PROVIDING AN EFFECTIVE
DATE.
CHARGES FOR THE DEVELOPMENT OF THE 70-ACRE BRIGER
BE IT RESOLVED 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, Florida
recognizes the importance of and continues to support the location of The Scripps
Research Institute in Palm Beach County.
SECTION 2. Additionally, the City Council of the City of Palm Beach Gardens,
Florida expresses its preference for the location of The Scripps Research Institute in
northern Palm Beach County, and particularly in the Palm Beach GardenslJupiter area,
on the Abacoa FAU I Briger site.
SECTtON 3. The location of The Scripps Research Institute on the Abacoa FAU
I Briger site will further the goals of the Economic Development Element of the City of
Palm Beach Gardens Comprehensive Plan and will ensure a diversified economy, shift
ad-valorem tax revenues away from the residential component, encourage growth in
cluster industries that provide high-wage employment, and complement changing
economic conditions
SECTION 4. The City Council hereby commits to the expenditure of up to Three
Million Dollars ($3,000,000.00) for infrastructure improvements, concurrency
reservation, andlor land purchase costs for the 70-acre Briger parcel provided for
Scripps Florida on the Abacoa FAU / Briger site.
SECTION 5. The City Manager is hereby directed to provide a method of funding
an amount not to exceed Three Million Dollars ($3,000,000.00) for such improvements
and costs as identified through cooperative planning with Palm Beach County and the
Town of Jupiter.
SECTION 6. This Resolution shall become effective immediately upon adoption.
Date Prepared: February 9, 2006
Resolution 27,2006
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CITY OF PALM BEACH .f GARDENS, FLORIDA
/
J ATTEST:
BY:
atricia Snider, CMC,
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: L
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEW
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
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\\Pbgsfile\Attorney\attorney_shareUiESOLlJTlONS\S~RlPPS - reso 27 2OW - - 2-13-06-2 doc
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EXHIBIT “B”
LOCATION MAP
8
BRIGER TRACT
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 21,2006
Meeting Date: February 23,2006
Resolution: 30,2006
SubjectlAgenda Item: Authorizing the transfer of $3,000,000 from reserves to
reimburse the Board of County Commissioners to acquire approximately seventy (70)
acres of real property within the Briger Parcel pursuant to the Interlocal Agreement
between Palm Beach County and the City of Palm Beach Gardens.
[ X ] Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
City Attorney 04
Finance Director a
Submitted by:
Department Director
Approved by:
Cdy Mahager
Originating Dept.:
Advertised:
Date:
Paper:
[ x] Not Required
Affected parties
[ ] Notified
[ x] Not required
Costs: $3,000,000
(Total)
$3,000.000
Current FY
Funding Source:
[ XI Operating
[ ]Other
Budget Acct.#:
001.0900.51 9.9920
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 30, 2006
[ ]None
Date Prepared: February 21,2006
Meeting Date: March 2,2006
Resolution: 30,2006
BACKGROUND:
On February 13,2006, the City Council adopted Resolution 27,2006 expressing continued
support for the Scripps Research Institute locating in Palm Beach County and committing
up to Three Million Dollars ($3,000,000) for infrastructure improvements, concurrency
reservation, and/or land purchase cost for the 70-acre Briger parcel provided for Scripps
Florida on the Abacoa FAU / Briger site.
Resolution 27,2006 directed the City Manager to provide a method of funding an amount
not to exceed Three Million Dollars ($3,000,000) for such improvements and cost identified
through cooperative planning with Palm Beach County and the Town of Jupiter.
Resolution 30, 2006 authorizes the City Manager to transfer Three Million Dollars
($3,000,000) from the City’s undesignated reserve fund balance for the purpose as
outlined in Resolution 27, 2006 and as agreed to in the Interlocal Agreement between
Palm Beach County and the City of Palm Beach Gardens.
During the month of April, a mid-year budget amendment will be presented to Council
which will replenish the City’s reserves with funds received from the Vavrus settlement of
$1,808,500. In addition, the mid-year budget amendment will include an increase to
reserves of approximately $1,587,157 which represents the difference between the
projected undesignated fund balance at 9/30/2005 of $6,993,478 and the fiscal year end
audit amount of approximately $8,580,635. In total, the mid-year budget amendment will
add approximately $3.3 million dollars to reserves, less the $3 million the City has
committed to the County for a net increase in reserves of approximately $300,000.
STAFF RECOMMENDATION:
Staff recommends a motion to approve Resolution 30, 2006
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Date Prepared: February 21,2006
RESOLUTION 30,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM
BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER I, 2005, AND ENDING SEPTEMBER 30,2006, INCLUSIVE,
BY APPROVING THE TRANSFER OF FUNDS PURSUANT TO
SECTION 2-293, CODE OF ORDINANCES FOR COSTS RELATED TO
THE ACQUISITION OF THE 70-ACRE BRIGER PARCEL TO BE
DEVELOPED FOR SCRIPPS FLORIDA ON THE ABACOA FAU I
BRIGER SITE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a
Budget for the 200512006 Fiscal Year; and
WHEREAS, the City has recognized that the relocation of The Scripps Research
Institute’s (“TSRI’’) operations on Florida Atlantic University’s John D. McArthur Campus
(“FAU Jupiter Campus”) and to a portion of the Briger Parcel will further the Economic
Development Element of the City’s Comprehensive Plan and will ensure a diversified
economy, shift ad valorem tax revenues away from the residential component, encourage
growth in cluster industries that provide high-wage employment, and complement changing
economic conditions; and
WHEREAS, on February 13,2006, the City Council adopted Resolution 27,2006,
which is attached hereto as Exhibit “A,” committing that the City will expend up to Three
Mil I ion Dol la rs ($3,000,000.00) for in frast ru ctu re improve men ts , concu rrency reservation,
and/or land purchase costs to acquire of seventy (70) acres of real property within the
Briger Parcel; and
WHEREAS, the Board of County Commissioners elected to enter into negotiations
with the TSRI for the relocation of its operations to the FAU Jupiter Campus and a portion
of the Briger Parcel in reliance on the City’s commitment to provide funding for the
acquisition of a portion of the Briger Parcel; and
WHEREAS, the Board of County Commissioners desires to be reimbursed Three
Million Dollars ($3,000,000.00) by the City to acquire approximately seventy (70) acres of
real property within the Briger Parcel and for associated due diligence costs; and
WHEREAS, the City Council has approved Resolution 29,2006, attached hereto as
Exhibit “B,” authorizing the execution of an Interlocal Agreement with Palm Beach County
for the reimbursement of Three Million Dollars ($3,000,000.00) for costs related to the
acquisition and/or development of the seventy (70) acre Briger Parcel to be developed for
Scripps Florida on the Abacoa FAU / Briger Site.
Date Prepared: February 21,2006
Resolution 30, 2006
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WHEREAS, the City Manager, pursuant to Section 2-293, Code of Ordinances, has
authorized the transfer of Three Million Dollars ($3,000,000.00) subject to approval by the
City Council; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves, pursuant to Section 2-293, Code of
Ordinances, the transfer of Three Million Dollars ($3,000,000.00) from the undesignated
reserve fund balance (001.0900.51 9.9920) to General Services (001.0900.51 9.3455).
SECTION 3. 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
PV-
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COU NCI LM EMB ER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
\\pbgsfile\Attorneylattorney-share\RESOLUTIONS\budget amendment Scripps-reso 30 2006.doc
Date Prepared: February 21,2006
Resolution 30, 2006
PASSED AND ADOPTED this day of ,2006.
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Date Prepared: February 21,2006
Resolution 30,2006
EXHIBIT “A”
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ia
RESOLUTION 27,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA EXPRESSING CONTINUED
SUPPORT FOR THE SCRIPPS RESEARCH INSTITUTE LOCATING
IN PALM BEACH COUNTY; COMMITTING UP TO THREE MILLION
DOLLARS ($3,000,000.00) FOR INFRASTRUCTURE
IMPROVEMENTS AND CONCURRENCY RESERVATION
PARCEL TO BE DEVELOPED FOR SCRIPPS FLORIDA ON THE
ABACOA FAU I BRIGER SITE; AND PROVIDING AN EFFECTIVE
DATE.
CHARGES FOR THE DEVELOPMENT OF THE 70-ACRE BRIGER
BE IT RESOLVE0 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, Florida
recognizes the importance of and continues to support the location of The Scripps
Research Institute in Palm Beach County.
SECTION 2. Additionally, the City Council of the City of Palm Beach Gardens,
Florida expresses its preference for the location of The Scripps Research Institute in
northern Palm Beach County, and particularly in the Palm Beach GardenslJupiter area,
on the Abacoa FAU I Briger site.
SECTION 3. The location of The Scripps Research Institute on the Abacoa FAU
/ Briger site will further the goals of the Economic Development Element of the City of
Palm Beach Gardens Comprehensive Plan and will ensure a diversified economy, shift
ad-valorem tax revenues away from the residential component, encourage growth in
cluster industries that provide high-wage employment, and complement changing
economic conditions.
SECTION 4. The City Council hereby commits to the expenditure of up to Three
Million Dollars ($3,000,000.00) for infrastructure improvements, concurrency
reservation, and/or land purchase costs for the 70-acre Briger parcel provided for
Scripps Florida on the Abacoa FAU I Briger site.
SECTION 5. The City Manager is hereby directed to provide a method of funding
an amount not to exceed Three Million Dollars ($3,000,000.00) for such improvements
and costs as identified through cooperative planning with Palm Beach County and the
Town of Jupiter.
SECTION 6. This Resolution shall become effective immediately upon adoption.
Date Prepared: February 9,2006
Date Prepared: February 9,2006
Resolution 27,2006
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PASSED AND ADOPTED this /3* day of gt?.flg~+~ ,2006. v
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
/- /ZZd#& 1
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
COUNCtLMEMBER BARNETT
AYE NAY ABSENT
J ---
e
\\Pbgsfile\Attorney\attorney-shareWESOLUTIONS\SCRlPPS - reso 27 2006 - - 2-13-06-2 doc
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Date Prepared: February 21,2006
Resolution 30,2006
EXHIBIT “B”
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RESOLUTION 29,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH
PALM BEACH COUNTY FOR THE REIMBURSEMENT OF THREE
MILLION DOLLARS ($3,000,000.00) FOR COSTS RELATED TO
BRIGER PARCEL TO BE DEVELOPED FOR SCRIPPS FLORIDA
ON THE ABACOA FAU / BRIGER SITE; AND PROVIDING AN
EFFECTIVE DATE.
THE ACQUISITION AND/OR DEVELOPMENT OF THE 70-ACRE
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969,” authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, on February 13, 2006, the City Council adopted Resolution 27,
2006, which is attached hereto as Exhibit “A” (“Resolution”); and
WHEREAS, the City has recognized that the relocation of The Scripps Research
Institute’s (“TSRI”) operations on Florida Atlantic University’s John D. McArthur Campus
(“FAU Jupiter Campus”) and to a portion of the Briger Parcel will further the Economic
Development Element of the City’s Comprehensive Plan and will ensure a diversified
economy, shift ad valorem tax revenues away from the residential component,
encourage growth in cluster industries that provide high-wage employment, and
complement changing economic conditions; and
WHEREAS, the City has committed to the County to expend up to Three Million
Dollars ($3,000,000.00) for infrastructure improvements, concurrency reservation,
and/or land purchase costs to acquire seventy (70) acres of real property within a parcel
of land located in the City referred to as the “Briger Parcel”, which is generally depicted
in the location map attached hereto as Exhibit “B” (“Briger Parcel”); and
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Date Prepared: February 17,2006
Date Prepared: February 17, 2006
Resolution 29,2006
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WHEREAS, the Board of County Commissioners elected to enter into
negotiations with the TSRI for the relocation of its operations to the FAU Jupiter
Campus and a portion of the Briger Parcel in reliance on the City’s commitment to
provide funding for the acquisition of a portion of the Briger Parcel; and
WHEREAS, the County is currently in negotiations with the owner(s) of the
Briger Parcel, for the donation and conveyance of approximately seventy (70) acres of
real property for a purchase price of approximately Sixteen Million Dollars
($1 6,000,000.00), which the County intends to offer to lease to TSRI; and
WHEREAS, the Board of County Commissioners desires to be reimbursed
Three Million Dollars ($3,000,000.00) by the City to acquire approximately seventy (70)
acres of real property within the Briger Parcel and for associated due diligence costs;
and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the Interlocal Agreement with
Palm Beach County for the reimbursement of Three Million Dollars ($3,000,000.00) for
costs related to the acquisition and/or development of the 70-acre Briger Parcel to be
developed for Scripps Florida on the Abacoa FAU / Briger Site and hereby authorizes
the Mayor and City Clerk to execute said Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: February 17, 2006
Resolution 29, 2006
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 SU FFlC I E N CY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
\\pbgsfile\Attorney\attorney_share\RESOLUTlONS\interlocal agmt with pbc -scripps funding-reso 29 2006.doc
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EXHIBIT “A”
Date Prepared: February 17,2006
Resolution 29, 2006
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RESOLUTION 27,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA EXPRESSING CONTlNUED
SUPPORT FOR THE SCRIPPS RESEARCH INSTITUTE LOCATING
IN PALM BEACH COUNTY; COMMITTING UP TO THREE MILLION
DOLLARS ($3,000,000.00) FOR INFRASTRUCTURE
IMPROVEMENTS AND CONCURRENCY RESERVATION
PARCEL TO BE DEVELOPED FOR SCRIPPS FLORIDA ON THE
ABACOA FAU I BRIGER SITE; AND PROVIDING AN EFFECTIVE
DATE.
CHARGES FOR THE DEVELOPMENT OF THE 70-ACRE BRIGER
BE IT RESOLVED 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, Florida
recognizes the importance of and continues to support the location of The Scripps
Research Institute in Palm Beach County.
SECTlON 2. Additionally, the City Council of the City of Palm Beach Gardens,
Florida expresses its preference for the location of The Scripps Research Institute in
northern Palm Beach County, and particularly in the Palm Beach GardenslJupiter area,
on the Abacoa FAU / Briger site.
SECTION 3. The location of The Scripps Research Institute on the Abacoa FAU
/ Briger site will further the goals of the Economic Development Element of the City of
Palm Beach Gardens Comprehensive Plan and will ensure a diversified economy, shift
ad-valorem tax revenues away from the residential component, encourage growth in
cluster industries that provide high-wage employment, and complement changing
economic conditions.
SECTION 4. The City Council hereby commits to the expenditure of up to Three
Million Dollars ($3,000,000.00) for infrastructure improvements, concurrency
reservation, and/or land purchase costs for the 70-acre Briger parcel provided for
Scripps Florida on the Abacoa FAU / Briger site.
SECTION 5. The City Manager is hereby directed to provide a method of funding
an amount not to exceed Three Million Dollars ($3,000,000.00) for such improvements
and costs as identified through cooperative planning with Palm Beach County and the
Town of Jupiter.
SECTION 6. This Resolution shall become effective immediately upon adoption.
Date Prepared: February 9,2006
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Date Prepared: February 9, 2006 Resolution 27, 2006
PASSED AND ADOPTED this /.3* day of @%g.a%. U ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
n
Patricia Snider, CMC, Chy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
// fl /d,&L..WL
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VlCE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
J ---
J ---
J ---
e
\\Pbgsfilet4ttorney\attorney_share\RESOLUTlONS\SCRlPPS - reso 27 2006 - - 2-13-06-2 doc
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Date Prepared: February 17,2006
Resolution 29, 2006
EXHIBIT “B”
CI BRIGER TRACT
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