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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 3 ~~~ ~ 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” 1 2 3 4 5 6 7 8 9 IO ?I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: February 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. ~ 1 2 3 4 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3 3 35 36 37 39 40 41 42 43 44 45 46 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 2 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, 2 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} 5 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 6 EXHIBIT “A” RESOLUTION 7 Date Prepared: February 9, 2006 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 I 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 --- J 9 --- J --- ,/ J --- -I__- \\Pbgsfile\Attorney\attorney_shareUiESOLlJTlONS\S~RlPPS - reso 27 2OW - - 2-13-06-2 doc 2 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 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: February 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, 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) 2 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 3 Date Prepared: February 21,2006 Resolution 30,2006 EXHIBIT “A” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this /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 2 Date Prepared: February 21,2006 Resolution 30,2006 EXHIBIT “B” 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 -~ ~~ ~~~ Date Prepared: February 17,2006 Date Prepared: February 17, 2006 Resolution 29,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, 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) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: 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 3 EXHIBIT “A” Date Prepared: February 17,2006 Resolution 29, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: February 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 2 Date Prepared: February 17,2006 Resolution 29, 2006 EXHIBIT “B” CI BRIGER TRACT -