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Agenda Council Agenda 042006
City of Palm Beach Gardens Council Agenda April 20, 2006 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Council Member Jablin Vice Mayor Barnett Council Member Levy Council Member Valeche CITY OF PALM BEACH GARDENS COUNCIL AGENDA April 20, 2006 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. (Page 5) Statement of support for the National Guard and Reserve. b. Recognition of Sid Forbes, Gardens Mall c. Recognition of the Frenchman’s Creek Charities Foundation. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: a. Update on Callery-Judge Grove Comprehensive Plan Amendment. VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Staff Report on Page 6, Resolution on Page 8) Resolution 43, 2006 - Work Authorization and Notice to Proceed to Construction Technology, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a work authorization and notice to proceed to Construction Technology, Inc. for the Golf Course Cart Bridge Reconstruction project; and providing an effective date. b. (Staff Report on Page 13, Resolution on Page 15) Resolution 45, 2006 - Award a term agreement to Martin Fence Company. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract with Martin Fence Company to provide and install fencing component systems specified in invitation to bid #2006-002; authorizing the Mayor and the City Clerk to execute the contract; and providing an effective date. c. (Page 62) Proclamation - Declaring the week of April 24-28, 2006 as Victims’ Rights Week d. (Page 63) Proclamation - Declaring the week of April 23-30, 2006 as Days of Remembrance In memory of the victims of the Holocaust. e. (Page 64) Proclamation – Municipal Clerks Week April 30 – May 6, 2006. IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 65, Resolution on Page 69) Resolution 6, 2006 – Approving the Art in Public Places for the Midtown Planned Unit Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for the Midtown/Borland Center Planned Unit Development (PUD), which is located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as more particularly described herein; providing for conditions of approval; and providing an effective date. (POC Brad Wiseman) b. (Staff Report on Page 94, Ordinance on Page 99, Resolution on Page 103) Ordinance 13, 2006 – (2nd reading and adoption) - Trinity United Methodist Church. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to Ordinance 2, 1992, as amended by Resolution 6, 1993, Resolution 143, 1994, and Ordinance 15, 1998, relating to the Trinity United Methodist Church master site plan; transferring the master site plan and related conditions to Resolution 35, 2006; and providing an effective date. Resolution 35, 2006 is a companion item to Ordinance 10, 2006 and will require Council action at second reading. Resolution 35, 2006 - Trinity United Methodist Church. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the conditional use approval of the Trinity United Methodist Church master plan to allow construction of a two-story Elementary School for grades K-5 with a one-story gymnasium for a maximum of 240 students; approving the phase 7 site plan on the South Parcel; providing conditions of approval; and providing an effective date. c. (Staff Report on Page 161, Resolution on Page 294) Resolution 44, 2006 – Approving the site plan for Gardens Pointe. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan for 214 residential condominium high-rise units within two twelve-story towers and 26 townhouse units on a 6.64-acre site located at the Northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for conditions of approval; providing for waivers; amending the MacArthur Center signage program (Resolution 64, 1998); and providing an effective date. Part II – Non-Quasi-judicial X. RESOLUTIONS: a. (Staff Report on Page 305, Resolution on Page 307) Resolution 47, 2006 – Second Amendment to the Interlocal Agreement establishing the Municipal Public Safety Communications Consortium. A Resolution of the City Council of the City of Palm Beach Gardens, Florida pledging funds to the Municipal Public Safety Communications Consortium for the M/A-Com radio project in the amount of $676,200.00; authorizing the expenditure of funds necessary to construct local site improvements for the project; authorizing the execution and delivery of the Second Amendment to the Interlocal Agreement to establish Municipal Public Safety Communications Consortium of Palm Beach County; 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. STATEMENT OF SUPPORT FOR THE GUA D AND RESERVE A we recognize the National Guard and Reserve as essential to the strength of our nation and the well-being of our communities. In the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society. If these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security. Their members must have the cooperation of all American employers in encouraging employee participation in Guard and Reserve. Therefore, we join other employers in pledging that: 1 2. 3. 4. Employment will not be denied because of service in the Guard or Reserve; Employee job and career opportunities will not be limited or reduced because of service in the Guard or Reserve; Employees will be granted leaves of absence for military service in the Guard or Reserve, consistent with existing laws, without sacrifice of vacation; and This agreement and its resultant policies will be made known throughout our organization. Secretary of Defense Certihing for the Employer ~~ Print Name Date EMPLOYER SUPPORT OF THE GUARD AND RESERVE Statement of Support / Employer Registration (Please Print Clearly or Attach Your Business Card) Your Name: Title: II I II I 11llll111111 II II 111111 111 1111 II II 1111 I II 111 Ill 111111 111 A601 2421887(91B,*Ron Organization Name: Street Address: City: State: Zip: Telephone: Fax: e-mail: Signed Statement of Support (Date) Number of Guard or Reserve employees in your organization: CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: March 30, 2006 Meeting Date: April 20, 2006 Resolution: 43, 2006 SubjecVAgenda Item: Approve a Work Authorization and Notice to Proceed to Construction Technology, Inc. for the construction of the Golf Course Cart Bridge Reconstruction in the amount of $1 40,824.00. [ X ] Recommendation to APPROVE I1 Recommendation to DENY Reviewed b : )1 City At 0% r Finance Administrator Public Facilities Director Community Services Administrator Department Administrator Originating Dept.: Department .+' Advertised: N/A Date: Paper: [ x ] Not Required Ihny Affected parties [ x ] Notified [ ] Not required Costs: $1 40,824 (Total) $140,824 Current FY Funding Source: [ ] Operating [ X ] Other Capital Project Budget Acct.#: 106-2540-572.6900 Project: GOL0070 Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 43, 2006 [ ]None Date Prepared: March 30,2006 Meeting Date: April 20, 2006 Resolution: 43, 2006 BACKGROUND: The existing golf cart bridges at the City Golf Course are in need of replacement. The 357 linear feet of bridges have been evaluated by a structural engineer that determined a full reconstruction is necessary. The bridges are currently sinking in certain locations, structural members are rotting, and the decking has reached the end of its useful life. The City received a proposal from Construction Technology, Inc., one of the City's Annual Contractors, in the amount of $1 40,824. The project will take approximately 70 days to complete, and will take place during the Golf Course closure beginning in May 2006. Construction Technology, Inc. has successfully completed several projects in the past that are similar in nature to this project. Funding is provided by the Golf Course loan as approved by Resolution No. 170, 2005. The City will purchase all materials required for this project under a separate purchase estimated at $54,000. STAFF RECOMMENDATION: Approve 'Resolution 43, 2006 as presented. Date Prepared: March 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 RESOLUTION 43,2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A WORK AUTHORIZATION AND NOTICE TO PROCEED TO CONSTRUCTION TECHNOLOGY, INC. FOR THE GOLF COURSE CART BRIDGE RECONSTRUCTION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to reconstruct the golf cart bridges at the City of Palm Beach Gardens Municipal Golf Course for the safety of its users; and WHEREAS, the City has received a proposal from Construction Technology, Inc. pursuant to the Annual Public Works Contract in the amount of $140,824.00 to reconstruct the bridges; and WHEREAS, the City wishes to issue a Work Authorization and Notice to Proceed for the reconstruction of the Golf Cart Bridges to Construction Technology, Inc., attached hereto as Exhibit “A; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to issue a Work Authorization to Construction Technology, Inc. to provide such services. 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 issues a Work Authorization to Construction Technology, Inc. in an amount not to exceed $140,824.00, and authorizes the Mayor and City Clerk to execute said Work Authorization. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank.) Date Prepared: March 30,2006 Resolution 43,2006 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 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 FFlCl ENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO -- - VICE MAYOR BARNETT -- - COUNCILMEMBER JABLIN -- - COU NCI LM EM BE R LEVY -- - COUNCILMEMBER VALECHE -- - G:\attorney-share\RESOLUTlONS\Golf Cart Bridge-reso 43 2006.doc B 2 Date Prepared: March 17,2006 Meeting Date: April 20, 2006 Resolution: 43,2006 EXHIBIT A Work Authorization I Notice to Proceed CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410498 WORK AUTHORIZATION AND NOTICE TO PROCEED PROJECT NO. GOL0070 DATE: April 20,2006 PROJECT TITLE: Golf Course - Golf Course Cart Bridge Reconstruction CONTRACTOR: Construction Technolony, Inc. You are hereby requested to proceed with the following work, as outlined in the proposal attached hereto, and all work shall be pursuant to those items in the annual public works contract, by this reference incorporated herein, for this project and to perform the work accordingly, subject to all contract stipulations and covenants for an amount not to exceed $140.823.85. The work shall commence on May 1. 2006 and be substantially complete no later than July 14, - 2006 with a final completion date of July 21. 2006. The undersigned agrees to provide all such insurance and bonds as requested and deemed necessary by the City of Palm Beach Gardens. PF6JECT MANAGER (City&pr&ntative) (Signature) TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION Community Sewices Department 106.2540.572.6900 DEPARTMENT ACCOUNT NUMBER CITY OF PALM BEACH GARDENS, FLORIDA COUNCILMEMBEWCITY MANAGER RECOMMEND: REVIEW: / ATTEST: CITY ATTORNEY CITY CLERK Contractors Engineers CONSTRUCTION TECHNOLOGY, INC. Palm Beach Gardens MuniciDal Golf Course Bridge Repair Cost estimate to demo, reframe & deck, install 86 - 8” pilings & repair bridge approaches. Design & Layout $ 2,500.00 Supervisor 34 days @ 4 h/day @ $64.00/hr $ 8,704.00 Disposal of old material $ 7,000.00 Jet Pump 20 days x 8 hr/day x $50.00/hr $ 8,000.00 5 man crew w/pick-up 20 days x 9 @ $190.00/hr $ 34,200.00 3 man crew w/pick-up 70 days x 9 @ $1 25.OO/hr $ 78,750.00 Payment & performance bond $ 1,669.85 dud SUB-TOTAL: *:> .4@0J+ Material $ 54,000.00 fi * Owner to purchase all materials. Con-Tech will take delivery, secure & handle all materials GRAND-TOTAL: $1 94,823.85 P.O. BOX 16576 WEST PALM BEACH, FLORIDA 33416-6576 561-683-7495 Fax 561-683-7522 7200 WESTPORT PLACE BLDG. B WEST PALM BEACH, FL 33413 INTERNET www.constructiontechnologyinc.com E-MAIL: info@constructiontechnologyinc.com CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: March 30,2006 Meeting Date: April 20, 2006 Resolution 45, 2006 Su bjectlAgenda Item: Contract award to Martin Fence Company to provide and install fencing component systems as specified in Invitation to Bid #2006-002. [XI Recommendation to APPROVE 1 Recommend Reviewed b /” City d Attorney Finance Administrator Submitted by: Jack Doughney Community Services Department Administrator Y Am City Manager tion to DENY Originating Dept.: Community Services I Mike Kelly Parks Direct Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required costs: $o.oo (Total) $o.oo Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 45, 2006 [ ]None Date Prepared: March 30,2006 Meeting Date: April 20, 2006 Resolution 45, 2006 BACKGROUND: The City desires to contract with a fencing vendor prior to implementing several substantial, upcoming construction projects including backstops, playgrounds and perimeter fencing as well as securing a reliable fencing supplier in case of storm related damages. The City released Invitation to Bid (ITB) #2006-002 on February 7, 2006 to provide and install fencing component systems. Martin Fence Company was the lone responsive and responsible bidder out of 357 suppliers contacted. After reviewing similar and matching items on a current Palm Beach County Bid (# 04-1 27/PR) contract, staff determined that unit pricing submitted for ITB 2006-002 is competitive. As a final measure of due diligence, Martin Fence Company submitted a quote for Lake Catherine Sports Complex Project based on unit prices listed in their proposal, and the results were consistent with what is budgeted. This agreement provides the City with a contractor for fencing projects during a difficult market, and guarantees consistent unit pricing through the term of the agreement. Current construction and repair work has affected the availability of contractors in the fencing industry. Expectations are that Martin Fence Company will be a reliable source of services in the event of storm related damages. This is a recommendation of a fixed unit-price contract award to Martin Fence Company with an initial term of two (2) years, and options for four one-year extensions. Each project will be authorized according to the City’s purchasing guidelines. STAFF RECOMMENDATION: Approve Resolution 45,2006 as presented 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 45,2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A CONTRACT WITH MARTIN FENCE COMPANY TO PROVIDE AND INSTALL FENCING 002; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. COMPONENT SYSTEMS SPECIFIED IN INVITATION TO BID #2006- WHEREAS, the City desires to enter into a contract for fencing component systems for the purpose of providing fencing throughout the City, based on competitive pricing; and WHEREAS, the City issued Invitation to Bid (ITB) Number 2006-002 to provide such services, attached hereto as Exhibit “A”; and WHEREAS, the City received a responsive and responsible bid from Martin Fencing Company, attached hereto as Exhibit “B”; and WHEREAS, the City wishes to execute a contract to provide and install fencing component systems based on the bid received from Martin Fence Company, attached hereto as Exhibit “C”; and WHEREAS, the City Council of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to award a contract to Martin Fence Company to provide such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby awards a contract to Martin Fence Company in accordance with ITB #2006-002 and hereby authorizes the Mayor and City Clerk to execute the contract with Martin Fence Company for an initial term of two years. SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: March 30,2006 Resolution 45, 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 day of ,2006. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR BARNETT COUNCILMEMBER JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\Martin Fence award - reso 45 2006.doc 2 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 45,2006 Exhibit A ITB #2006-002 CITY OF PALM BEACH GARDENS PROVIDE AND INSTALL FENCING COMPONENT SYSTEMS PREPARED BY: CITY OF PALM BEACH GARDENS INVITATION TO BID #2006-002 Dated: February 7,2006 THE CITY OF PALM BEACH GARDENS INVITATION TO BID #2006-002 PROVIDE AND INSTALL FENCING COMPONENT SYSTEMS The City Council of the City of Palm Beach Gardens is accepting sealed Bids for the following: PROVIDE AND INSTALL FENCING COMPONENT SYSTEMS All Bid Envelopes, one f 11 oriainal and three f31 coDies, must be received at the address below in the Clerk's Office, no later than Friday. March 3. 2006, at 2:OO mn., at which time all Bid Envelopes will be publicly opened and read. Receipt of a response by any City office, receptionist, or personnel other than the City Clerk's Office does not constitute "receipt" as required by this solicitation. The City Clerk's time stamp shall be conclusive as to the timeliness of receipt. Bid documents may be obtained at the address below or by calling the City Clerk's Office at (561) 799-4121. Bid documents will not be issued by the City Clerk's Office unless the request is received at least 24 hours prior to the opening of the Bids. Bid documents can be downloaded from the City's website link at: All Bid documents are to be separately sealed when submitted and be delivered or mailed to: The City of Palm Beach Gardens City Clerk's Office 10500 N. Military Trail Palm Beach Gardens, FL 33410 On the envelowe or box containina the Bid documents shall be written in larae letters: IT6 # 2006-002 for PROVIDE AND INSTALL FENCING COMPONENT SYSTEMS To Be Opened: Friday, March 3,2006, at 2 p.m. The City of Palm Beach Gardens reserves the right to accept or reject any or all Bids, in whole or in part, with or without cause, to waive any informalities and technicalities, and to award the Contract on such coverage and terms it deems will best serve the interests of the City. Criteria utilized by the City of Palm Beach Gardens for determining the most responsible Bidder includes, but is not limited to, cost, whether the Bidder meets the City of Palm Beach Gardens' published specifications, the Bidder's experience, skill, ability, financial capacity, and any other factors which could reasonably be asserted as being relevant to successful performance. Bidders should anticipate the City may negotiate some or all of the components of a submittal package with one or more of the Bidders in order to obtain the best value of services offered. Multi-award of this fencing installation contracts may take place. CITY OF PALM BEACH GARDENS Patricia Snider, CMC City Clerk Publish: The Palm Beach Post Sunday, February 12,2006 Sunday, February 19,2006 2 PROVIDE AND INSTALL FENCING COMPONENT SYSTEMS Bid # 2006-02 Dated: February 7,2006 1 .O GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form, as well as any other pertinent documents, must be returned in order for the Bid to be considered for award. All Bids are subject to the conditions specified herein and on the attached Special Conditions, Specifications and Bid Form. The completed Bid must be submitted in a sealed envelope clearly marked with the Bid title and number to the City Clerk at 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 and no later than 2:OO nm.. Fridav, March 3,2006. 1.2 EXECUTION OF BID: The Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign the Bid shall invalidate same, and it shall NOT be considered for award. All Bids must be completed in pen or be typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the Bid. Any illegible entries, pencil Bids, or corrections not initialed will not be tabulated. The original Bid conditions and specifications CANNOT be changed or altered in any way after submitted to the City. 1.3 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the Bid specifications. In case of discrepancy in computing the amount of the Bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. City of Palm Beach Gardens, freight prepaid, and installed. All discounts are to be included in bid unit price. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be proposed separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of Bid(s). All prices quoted shall be guaranteed for 60 days from Bid date unless otherwise specified in Special Conditions. 1.3.1 1.3.2 1.3.3 TAXES: The City is exempt from all Federal Excise and State taxes. The applicable tax exemption number is shown on the Purchase Order. MISTAKES: Bidders are expected to examine the specifications, delivery schedules, Bid prices and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the Bidder’s risk. UNDERWRITERS’ LABORATORIES: Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 3 1.3.4 BID CONDITIONS: The City reserves the right to waive irregularities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. 1.4 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Any service offered not conforming to specifications may be rejected and at Bidder’s expense. Any increase in cost may be charged against the Bidder. Any violation of these stipulations may also result in the Bidder’s name being removed from the vendor list. 1.5 JOB COMPLETION: Unless the actual date of final completion is specified (or if specified delivery cannot be met), show the number of days (in calendar days) required to make job completion after receipt of the Notice to ProceedNVork Authorization andlor Purchase Order in the space provided. Job completion time or schedule may become a basis for making an award. Delivery of services shall be within the normal working hours of the City, Monday through Friday, excluding holidays. 1.6 INTERPRETATIONS: Unless otherwise stated in the Bid, any questions concerning conditions and specifications should be submitted in writing to Arthur DeRostaing, Purchasing Agent, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, , (fax) 561 -799-41 34. 1.7 AWARDS: The City reserves the right to reject all Bids or any portion of any Bid deemed necessary for the best interest of the City; to accept any item or group of items; and to acquire additional quantities at prices quoted on the Bid Form, unless additional quantities are not acceptable, in which case the Bid Form must be noted “BID IS FOR SPECIFIED QUANTITY ONLY”. All awards made as a result of this Bid shall conform to applicable Florida Statutes. Multi-award of this fencing installation contract may take place. 1.8 BID OPENING: Bids shall be opened and publicly read in the Citv of Palm Beach Gardens, City Council Chambers, 10500 N. Militarv Trail. Palm Beach Gardens. Florida 33410 on the date and at the time specified on the Bid Form. All Bids received after that time shall be returned, unopened. 1.9 INSPECTION, ACCEPTANCE, and TITLE: Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of loss or damage to all services shall be the responsibility of the successful Bidder until acceptance by the City. If the services provided to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Seller/Bidder at own expense. 1.10 PAYMENT: Payment will be made by the City after the services awarded to a Bidder have been received, inspected, and found to comply with award specifications, be free of damage or defect, and properly invoiced. 1 .I 1 DISPUTES: Any actual or prospective Bidder, Bidders, Offeror, or Contractor who is aggrieved in connection with a solicitation or award of a Bid or Contract may avail themselves of the City’s purchasing procedures to resolve disputed matters or corn plaints. The City Clerk or designee shall post a tabulation of the Bid results with intended award recommendations. Posting shall be in the office of the City Clerk and shall be on display for public viewing. All Bidders, Offerors, or Contractors affected by the proposed award of contract will also be notified of the intended award by the City’s designated Purchasing Agent at the time of posting, via telefax or other means. Any actual or prospective Bidders, Bidder, Offeror, or Contractor who is aggrieved in connection with the solicitation or award of contract may file a written protest to the City Clerk. Protestors shall file their written protests with the City Clerk, Monday through Friday, between the hours of 8:OO a.m. and 5:OO p.m. Protests shall contain the name, address, and phone number of the petitioner, name of petitioner’s representative (if applicable), the name and bid number of the solicitation. The protest shall specifically describe the subject matter, facts giving rise to the protest, and also the action requested from the City. The written protest must be received no later than 72 consecutive hours (excluding Saturdays, Sundays, and legal holidays) from the time of initial posting. Failure to file a timely formal written protest within the time period specified shall constitute a waiver by the vendor of all rights of protest under this Bid/Proposal Protest Procedure. In the event of a timely protest, the City shall not proceed further with the solicitation or with the award of the Bid/Contract until all administrative remedies have been exhausted or until the City Manager determines that the award of the BidlContract without delay is necessary to protect the public health, welfare, or safety. 1.12 LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidders will in no way be a cause for relief from responsibility. 1.13 INDEMNIFICATION: The parties agree that 1% of the total compensation paid to the Bidder for the performance of this Agreement shall represent the specific consideration for the Bidder’s indemnification of the City as set forth in this Section and in the Terms and Conditions. To the fullest extent permitted by Laws and Regulations, Bidder shall indemnify and hold harmless the City and their consultants, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including, but not limited to, fees and charges of attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from; and (b) is caused in whole or in part by any willful or negligent act or omission of Bidder, any subcontractor, any person or organization directly or indirectly employed by any of them to perform 5 or furnish any of the work, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against the City or any of their consultants, agents, or employees by any employee of Bidder, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, the indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Bidder or any such Subcontractor or other person or organization under workers' compensation acts, disability benefit acts, or other employee benefit acts. It is the specific intent of the parties hereto that the foregoing indemnification complies with Section 725.06 Florida Statute (Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefore. The official title of the City is "The City of Palm Beach Gardens". This official title shall be used in all insurance or other legal documentation. The City of Palm Beach Gardens is to be included as an "Additional Insured" with respect to liability arising out of operations performed for the City by or on behalf of the Bidder or acts or omissions of the Bidder in connection with such operation. 1.14 PATENTS 4% ROYALTIES: The Bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Bidder uses any design, device, or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.15 OSHA: The Bidder warrants that the product and services supplied to the City of Palm Beach Gardens, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the Bidder responsible for same. 1 .I 6 SAFETY PRECAUTIONS: The Bidder shall, if required, maintain suitable and sufficient guards and barriers, and at night, suitable and sufficient lighting for the prevention of accidents and all safety standards required by Municipal, County, State, and Federal laws, rules, regulations, codes, ordinances, directives, guidelines, and laws shall be strictly met by the Bidder. 1.17 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 6 1.18 QUALITY: All materials and equipment used in performance of this Bid award shall be new or in proper working condition. The items bid must be at the highest grade of workmanship. I 1.19 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where Bidders are required to enter or go onto City property to deliver goods, materials, or perform work or services as a result of a Bid award, the successful Bidder will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all Palm Beach County and City laws, rules regulations, codes, directives, and guidelines. The Bidder shall be liable for any damages or loss to the City occasioned by negligence, gross negligence, willful and wanton acts of the Bidder (or agent) or any person the Bidder has designated in the completion of the contract as a result of the Bid. 1.20 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bond shall be submitted with the Bid in the amount of $1,000.00. After acceptance of the Bid, the City will notify the successful Bidder to submit a 100% performance bond on a per job basis and certificate(s) of insurance in the amount specified in Section 2.17 under Special Conditions. Please provide a sample copy of your current certificate of insurance coverage with your Bid submittal package. 1.21 DEFAULTlFAlLURE TO PERFORM: The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder to meet any terms of this Agreement, the City will notify the Bidder three (3) days (weekends and holidays excluded) to remedy the default. Failure on the successful Bidder’s part to correct the default within the required three (3) days shall result in the contract being terminated. The City will notify the successful Bidder, in writing, of its intention and the effective date of the termination. The following shall constitute default: A) Failure to perform the work required under the contract and/or within the time required or failing to use the subcontractors, entities, and personnel as identified and set forth and to the degree specified in the contract. B) Failure to begin the work under this contract within the time specified. C) Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D) Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the contract. E) Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or insolvency, or making an assignment renders the successful Bidder incapable of performing the work in accordance with and as required by the contract. F) Failure to comply with any of the terms of the contract in any material respect. G) Failure to comply with the terms of this Bid, including, but not limited to, the Special Conditions. 7 In the event of default of a contract, the successful Bidder shall pay all attorney’s fees and court costs incurred in collecting any damages. The successful Bidder shall pay the City for any and all costs incurred in ensuring the completion of the project. 1.22 CANCELLATION: The City reserves the right to cancel this Contract by written notice to the Bidder effective the date specified in the notice, and the following will apply: A) The Bidder is determined by the City to be in breach of any of the terms and conditions of the contract and/or to have failed to perform his/her/its services in a manner satisfactory to the City. In the event the Bidder is found to be in default, the Bidder will be paid for all labor and materials provided as of the termination date which are in conformance with this Bid. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. B) The City has determined that such cancellation will be in the best interest of the City to cancel the contract for its own convenience. C) Funds are not available to cover the cost of the services. The City’s obligation is contingent upon the availability of appropriate funds. 1.23 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to Accounts Payable, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. 1.24 FACILITIES: The City reserves the right to inspect the Bidder’s facilities and / or equipment at any time with prior notice. 1.25 BID TABULATIONS: Bidders desiring a copy of the Bid tabulation may request same by enclosing a self-addressed, stamped envelope with the Bid. 1.26 APPLICABLE LAW AND VENUE: The laws of the State of Florida shall govern the contract between the City and the successful Bidder and any action shall be brought in Palm Beach County, Florida. In the event of litigation to settle issues arising hereunder, the prevailing party in such litigation shall be entitled to recover against the other party its costs and expenses, including reasonable attorney’s fees, which shall include any fees and costs attributable to appellate proceedings arising on and of such litigation. 1.27 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Invitation for Bid is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the Purchasing Agent, at least three (3) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing, and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City’s designated Purchasing Agent. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are required. A copy of such Addendum will be sent to each Bidder receiving the Invitation for Bid. In the event of conflict with the original Bid 8 .. . '. Documents, the Addendum shall govern all other Bid and Contract Documents to the extent specified. Subsequent Addenda shall govern over prior Addenda only to the extent specified. 1.28 AWARD OF CONTRACT: A) A contract may be awarded to the lowest responsive, responsible Bidder(s) whose Bid(s), conforming to the Invitation for Bid, is most advantageous to the City. The lowest responsive, responsible Bidder(s) will be determined in conjunction with the method of award which is described in the Special Conditions. Tie Bids will be decided as described herein. B) The City shall award a contract to a Bidder through action taken by the City Council or the City Manager. C) The General Terms and Conditions, the Special Conditions, the Technical Specification, and the Bidder's Bid are collectively an integral part of the contract between the City and the successful Bidder. D) While the City may determine to award a contract to a Bidder(s) under this Request for Bid, said award may be conditional on the subsequent submission of other documents as specified in the Special Conditions. The Bidder shall be in default of any conditional award if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in default, the City, through its designated Purchasing Agent, will void its acceptance of the Bidder's offer and may determine to select the second lowest responsive, responsible Bidder or re-solicit Bids. The City may, at its sole option, seek monetary restitution from the defaulting Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year. E) The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to a subsequent optional period; provided that such option is stipulated in the Special Conditions and is contained in any contract ultimately awarded in regard to this Bid. F) The City reserves the right to automatically extend any contract for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated andlor awarded, provided this is expressly made a part of any contract awarded in regard to this Bid. 1.29 ASSIGNMENT: The Bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any contract, including any or all of its right, title, or interest therein, or his/her/its power to execute such contract to any person, company or corporation without prior written consent of the City. 1.30 LAWS, PERMITS, AND REGULATIONS: The Bidder shall obtain and pay for all licenses, permits and inspection fees required for this project and shall comply with all laws, ordinances, regulations, and building code requirements applicable to the work contemplated herein. 1.31 OPTIONAL CONTRACT USAGE: Other State agencies, and/or Governmental Entities in the State of Florida may purchase from the resulting contract. Bidders shall sell these commodities or 9 services to the other State agencies andlor Governmental Entities in the State of Florida at the agencies' and/or entities' option. 1.32 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this Bid from the selected Bidder. However, items that are to be "Spot Market Purchased" may be purchased by other methods, Le., Federal, State, or local contracts. I .33 PUBLIC ENTITY CRIMES: As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity; may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. 1.34 CONFLICT OF INTEREST AND CODE OF ETHICS: The award is subject to provisions of State Statutes and City policies. All Bidders must disclose with their Bid the name of any officer, director, or agent who is also an employee of the City. Further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of 5% or more in the Bidder's firm or any of its branches. If any Bidder violates or is a party to a violation of the Code of Ethics of the State of Florida with respect to this Bid, such Bidder may be disqualified from performing the work described in this Bid or from furnishing the goods or services for which the Bid is submitted, and shall be further disqualified from bidding on any future Bids for work or for goods or services for the City. A copy of the State Ethics Codes is available on line at bttD://www.flsenatege V. 1.35 NON-COLLUSION: Bidder certifies that this offer is made without prior understanding, agreement, or connection with any corporation, entity, firm, or person submitting an offer for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities are permitted, either with, prior to, or after any delivery of material or provision of services. Any violation of this provision may result in the Contract cancellation, return of materials or discontinuation of services, and the possible removal from the vendor Bid list(s). i .37 FLORIDA PUBLIC RECORDS ACT: All material submitted regarding this Bid becomes the property of the City. Bids may be reviewed by any person ten (10) days after the public opening. Bidders should take special note of this as it relates to any proprietary information that might be included in their Offer/Bid. Any resulting contract may be reviewed by any person after the contract has been executed by the City. The City has the right to use any or all' informationlmaterial submitted in response to this Bid and/or any resulting contract from same. Disqualification of a Bidder does not eliminate this right. 10 1.39 TIED BIDSIDRUG-FREE WORKPLACE PROGRAMS: In the event of an identical tied Bid or Proposal, preference will be given to local vendors. If none of the vendors are local, preference shall be given to the business submitting proof of Drug-Free Work Place (DFW) programs. A public drawing of lots or the flip of a coin as determined by the City will be held in the event all apply. 1.40 NO DAMAGES FOR DELAY: NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled in an increase in the Contract sum or payment or compensation of any kind from CityIOwner for direct, indirect, consequential, impact or other costs, expenses, or damages, including, but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, or avoidable or unavoidable. Contractor shall be entitled only to extensions of the contract time as the sole and exclusive remedy for such resulting delays, in accordance with and to the extent specifically provided herein. 1.41 SUBCONTRACTORS: In the event awarded contractor requires the services of any subcontractor or professional associate in connection with the work to be performed under this Contract, the Contractor shall secure the written approval of the City’s Project Manager before engaging such subcontractor or professional associate. 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this Invitation to Bid is to establish a term contract to Provide and Install Fencing Component Systems. 2.2 TERM OF CONTRACT: This contract shall commence the day after the date of award by the City. The initial term of the contract shall remain in effect for two (2) years with the options for contract extensions for additional four (4), one (1) year term periods subject to the mutual consent of the City and the Awarded Contractor. Award of this contract may be made to the lowest responsive, responsible Bidder whose submittal is the most advantageous to the City. 2.3 METHOD OF AWARD: 2.4 PAYMENT: Payment will be made upon receipt and acceptance in providing and installing fencing component systems. No down or partial down payments will be made. All Bid prices must include all freight charges prepaid to the City of Palm Beach Gardens and its’ various jobsites. 2.5 SCHEDULED SERVICES: If the successful Bidder fails to provide services within the specified time frame, it is understood that $25.00 per calendar day, per unit, will be deducted from the payment as liquidated damages for each day beyond the specified monthly time 11 frame. The Bidder acknowledges that the Liquidated Damages are not a Penalty as damages can not be readily determined. The Liquidated Damages shall be in addition to any other damages that the City may have. Time is of the essence with regard to every term, condition, and provision set forth in this Agreement. Time periods herein of less than six (6) days shall, in the computation, exclude Saturdays, Sundays, and state or national legal holidays, and any time period provided herein which shall end on Saturday, Sunday, or a legal holiday shall extend to 5:OO p.m. of the next business day. 2.6 PRICES SHALL BE FIXED AND FIRM FOR THE TERM OF THE CONTRACT: If the Bidder is awarded a contract under this solicitation, the prices quoted by the Bidder on the Bid Form shall remain fixed and firm during the initial term of the contract; provided, however, that the Bidder may offer incentive discounts from the fixed price to the City at any time during any contractual term. Price increases during renewal terms periods are subject mutual agreement by the contractor and the City of Palm Beach Gardens. 2.7 CONTACT PERSON: For any additional information regarding the specifications and requirements of this Bid, contact Arthur DeRostaing, Purchasing Agent, 10500 N. Military Trail, Palm Beach Gardens, Florida 3341 0, gderostalnatgappgfl.co m; (fax) 561-799- 41 34. 2.8 BID CLARIFICATION: Any questions or clarifications concerning this Bid shall be submitted in writing by mail, email, or facsimile to Arthur DeRostaing, Purchasing Agent, 10500 N. Military Trail, Palm Beach Gardens, Florida 3341 0, -.corn, (fax) 561 -799-41 34. The Bid titlehumber shall be referenced on all correspondence. All questions must be received no later than three (3) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective Bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.9 LIQUIDATED DAMAGES: See above - Section 2.5 2.1 0 FENCING INSTALLATION EQUIPMENT INFORMATION: All Bidders must submit supplemental equipment listing and / or specification information on the equipment to be utilized in furnishing the installation services on this ITB. Failure to submit such information will result in rejection of the Bid. 2.1 1 BID SUBMITTAL: All Bids submitted shall include the completed Bid Form and all required product information and any other items as indicated on the Bid Form. Bids will be considered "Non-Responsive" if the required information is not submitted by the date and time specified. Before submitting a Bid, each Bidder shall make all investigations and examinations necessary to ascertain if any addenda were issued by the City's Clerk Office. 12 2.12 LATE BIDS: The City cannot be responsible for Bids received after opening time and encourages early submittal. 2.13 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the Bid to be considered non-responsive. 2.14 COMPLETE INFORMATION REQUIRED ON BID FORM: All Bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid responsive bid, the one (1) original and five (5) copies of the Bid Form pages must be returned, properly completed, and in a sealed envelope as outline in the first paragraph of General Conditions. 2.15 NO SUBSTITUTION COMPONENTS: After the City has evaluated the Bids, the low bidder(s) may be required to demonstrate fencing component systems installation capabilities which have been bid for evaluation by and at no cost to the City. The purpose of the demonstration is to observe in the installation of fencing component systems to verify bidder’s capability, suitability, and adaptability vis-a-vis the performance requirements stipulated in the bid response. If a demonstration is reauired, the City will notify the Bidder of such in writing and will specify the date, time and location of the demonstration. If the Bidder fails to perform the demonstration on the date stipulated in the notice, the City may elect to reject the Bidder’s submittaVproposal or to re-schedule the demonstration, whichever is in the City’s best interest. The City shall be the sole judge of the acceptability of the Provide and Install Fencing Component Systems in conformance with the specifications, and its decision shall be final. 2.16 ACCEPTANCE: Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that to Provide and Install Fencing Component Systems have met contract specifications and conditions. The performance results will be inspected and accepted by Mike Kelly, Parks Director, Community Services Department. To provide and install fencing component systems the workmanship must be in conformance with the contractual specifications and that the service equipment and labor exhibit a level of quality and appearance consistent with or exceeding industry standards. 2.17 INSURANCE: Bidders must submit with their submittal package, proof of insurance meeting or exceeding the following requirements, or a letter of intent to provide the following requirements if awarded the contract: 0 Workers’ Compensation Insurance - as required by law. The City of Palm Beach Gardens will not accept filed certificates of exemption forms for Workers’ Compensation Insurance. 0 Employer’s Liability Insurance - $1,000,000 per occurrence, $1,000,000 disease policy limit, and $1,000,000 disease each employee. 0 General Liability Insurance - $1,000,000 general aggregate, $500,000 per person, $1,000,000 each occurrence, and $1,000,000 per accident for bodily injury. Automobile Liability Insurance for owned vehicles, non-owned vehicles & hired vehicles - $1,000,000 annual aggregate, $1,000,000 per occurrence, 0 13 $1,000,000 per accident for bodily injury, and $1,000,000 per accident for property damage. The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best's Insurance Guide. The successful Bidder must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Palm Beach Gardens as an additional insured. TECHNICAL SERVICE I PERFORMANCE SPECIFICATIONS 3.1 PURPOSE: The intent of these specifications is to Provide and Install Fencing Component Systems. The contractor awarded this contract shall understand and be responsible for providing the appropriate equipment and labor that will perform the installation requirements. The City of Palm Beach Gardens will only accept the fencing component systems as detailed in the mecifications that are anreed to in the awarded contract. 3.2 FENCING COMPONENT SYSTEMS SPECIFICATIONS: The City of Palm Beach Gardens is soliciting Bids to Provide and Install Fencinq ComDonent Systems in accordance with the following specifications: Acceptable manufacturers shall be firms listed as current "Active Members" of the Chain link Manufacturers Institute. All frameworks that is Schedule 40 steel (PVC coated or painted) and SS-40 pipe shall comply with ASTM A120 standards. All galvanized, zinc-coated steel chain link fence fabric shall comply with ASTM-A-392 standards. All PVC coated steel chain link fencing shall comply with ASTMF-668 standards. Concrete Mix: ASTM C94; normal sulphate resisting Portland; 2500 minimum psi at 28 days; 3 inch slump; '/z inch sized aggregate. Chain link fabric / galvanized steel wire shall comply with ASTM-A 392 Class I standards. Chain link fabric pvc coated galvanized steel shall comply with QSTM A- 641 standards. Gates w/manual operations shall be assembled by welding connections. Hardware shall comply with ASTM A-1 53 standards. 14 BID #2006-002 SUBMITTAL FORM Due date & time: March 3,2006 at 2:OOpm To: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 (Vendor ) Agrees to Provide and Install Fencinn Component Svstems as defined in this Bid in accordance with the requirements of the Specifications and Bid Documents. The undersigned Bidder has carefully examined the Specification requirements and BidlContract Documents and is familiar with the nature and extent of the Work and any local conditions that may in any manner affect the Work to be done. The undersigned agrees to Provide and Install Fencinn Component Svstems called for by the Specifications and Bid Documents, in the manner prescribed therein and to the standards of quality and performance established by the City for the unit Bid price stated in the spaces herein provided. The undersigned agrees to the right of the City to hold all Bids and Bid guarantees for a period not to exceed ninety (90) days after the date of Bid opening stated in the Request for Bid. The undersigned accepts the invoicing and payment policies specified in the Bid. Upon award of this Bid, the City and Bidder each binds himself, itself, or herself, hislitslher partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements, and obligations contained in the Bid Documents. The Bid Document constitutes the entire agreement between the City and Bidder and may only be altered, amended, or repealed by a Change Order or a written amendment. The Bidder, by signing the Bid Submittal pages, acknowledges and agrees to abide by all the terms, conditions, and specifications contained in this Bid Document. *** LINE ITEMS TO FOLLOW ** 15 BID #2006-002 SUBMITTAL FORM Due date & time: March 3,2006 at 2:OOpm Provide and Install Fencing Component Systems The bid unit price amounts specified herein are to be utilized to determine fixed price lump sum work which includes the combined costs for equipment, labor and materials required to perform the work specified in this Invitation to Bid. The Bidder, having familiarized themselves with local conditions, nature and extent of work, and having examined carefully the Specification, terms and conditions herein, proposes to furnish all labor, materials, equipment and other items, facilities and services, without exception for the proper execution and completion of the term contract, and if awarded the term contract, to complete the said work within time limits as specified in Work Authorization I Notice to Proceed for the following bid prices: Line Item Type Specifications: Schedule 40 Galvanized or Vinyl Coated Pipe. Galvanized Zinc Coated or Vinyl Coated Steel Chain Link Fabric. Posts must be a minimum of 3” posts unless otherwise stated. Provide unit and extended pricing inclusive of all labor, materials, equipment and supplies to install chain link fencing per specification on lines #1-10 and Section 3. The options. on listed on line sub-sections #A-FIG, are to be inclusive of all installation costs; bid unit prices only. 16 D TBD Each 4" Corner post assembly xxxx E TBD L. Ft. Add 6 gauge fabric xxxx F TBD Each Add posts for 8' spacing xxxx G TBD Each Add 4" Posts xxxx 17 I I I $ LINE #I - 10 TOTAL c**ONLr***: 18 ,. . . BID #2006-002 SUBMITTAL FORM Due date &time: March 3,2006 at 2:OOpm PROVIDE AND INSTALL FENCING COMPONENT SYSTEMS ACKNOWLEDGEMENT I SIGNATURE PAGE Dated this day of (Month) (Year) By: I (Signature) (Print name) Address: Telephone: ( ) Fax:( ) Taxpayer Identification Number (TINIEIN): State Under Which Corporation Was Chartered: Corporate President: Corporate Secretary: Corporate Treasurer: (Print Name) (Print Name) (Print Name) CORPORATE SEAL Attest By: Secretary 1 IDUAL, FIRM, CORPORATION, UMITED LIABILITY, PARTNERSHIP OR OTHER FORM Gr " By: I (Signature) (Print name) Address: Telephone: ( ) Fax: ( ) Social Security Number (OR) Taxpayer Identification Number (TIN): 19 REFERENCES Bidder shall submit as a part of the bid package, four (4) business references with name of the business, address, contact person, and telephone number. Name: Address: Name: Address : Telephone No.: ( ) Telephone No.: ( ) FaxNo.: ( ) FaxNo.: ( ) Contact: Contact: E-mail: E-mail: Name: Address: Name: Address : Telephone No.: ( ) FaxNo.: ( ) Contact: E-mail: Telephone No.: ( ) FaxNo.: ( ) Contact: E-mail: 20 VENDOR SERVICE REPRESENTATIVE INFORMATION The following individuals are the designated contacts COMPANY NAME: CONTRACTOR LICENSE #: REGULAR WORK HOURS: Address : Telephone: ( ) AFTER WORK HOURS, WEEKEND & HOLIDAYS: Name: Ad dress : Telephone: ( ) 21 DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more BidslProposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or services, a Bid/Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie BidslProposals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or services that are under Bid/Proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Corporation's Name Signature Print Name: 22 Vendor Check List: YES- NO- 1. Vendor Service Representative Contact listed YES- NO- 2. Complete Bid Form (page 15 -19) YES- NO- 3. Proof of Insurance I Letter of Intent YES- NO- 4. Bid prepared in one (I) original and three (3) copies YES- NO- 5. Bid acknowledged I signed by authorized representative YES- NO- 7. Equipment information as defined in Section 2.11 YES- NO- 8. Four (4) references listed and provided YES- NO- 9. Signed and submitted “Drug-Free Workplace” form YES- NO- IO. Examined the enclosed sample contract document 23 Date Prepared: March 30,2006 Meeting Date: April 20, 2006 Resolution 45, 2006 Exhibit B Proposal from Martin Fence ~ ...,. .-. . ..- ... . .-- -. - - . --- ., ./ ,. City of Palm Beach Gardens Titie: PROVIDE AND INSTALL FENCING COMPONENT SYSTEMS * ITB #2006-002 New Openincr Date Has Been Extended: Friday, March IO. 2006, at 2:OO p.m. The following addendum responds to the request for clarification of specifcations and specific line item’s “Units of Measure” on the “Bid Submittal Fonn” (page 1% -18) uf the bid package. The attached new “BID #2006-002 REVISED SUBMITTAL FORM” highlig the adjustments / clacifications in the rsd. - Addendum #2 Attalched to this addendum signature page is the new ”BID #;2006-002 REVISED SUBMITTAL FORM” replacing pages l$ to 18 of the original bid package. Please discard those pages with the original “BID #2006-002 SUSMIITAL FORM” and use the revised form. PLEASE BE SO ADVISED THAT THE NEW BID DUE DATE IS Friday, March IO, 2006, at 2:OQ p.m. City of Palm Beach Gardens Arthur DeRostaing, CPPB Purchasing Agent February 27,200i6 ___ . - - - - 02/23/2006 THU 9:28 FAX 561 799 4134 Palm Beach Gardens Adm City of Palm Beach Gardens Title: PROVIDE AND INSTALL FENCING COMPONENT SYSTEMS * ITB #2006-002 Openinq Date: Friday, March 3.2006, at 2:OO p.m. The following addendum responds to questions submitted relative to the City of Palm Beach Gardens solicitation ITB #2006-002 and broadcasted on www.dernandstar.com and advertised in the Palm Beach Post. Addendum #I 1. What Class of coating is specified on the PVC coated steel chain fence? Answer: PVC Class I type coating or greater. 2. Length and concrete embedment on all posts, all heights of chain link fencing? Answer - The following are additional specifications on direct burial of posts: 3. Diameters of all posts, all heights of chain link fences? Answer: Diameters of all fence posts and heights of all chain link fencing are referenced in Section 3 of the ITB Package. Price per linear foot, or price per each for top rail, bottom rail, and spacing of 8 feet? Answer: Please reference Line Item #I-F, #2-F, #5-F, #&F, #7-F, and #8-G (pg. 16-18) of the Bid Submittal Form Add top rail, add bottom rail on gates? The depth of all posts needs to be a minimum of 36” for posts 20’ above ground or less, minimum of 48” depth for those posts over 20’ above ground. Concrete embedment to equal 2” of concrete per 1” of the diameter of each post filled from the in-ground base to 6” from the surface if buried directly in soil base. Flnal6” to surface must be filled with available soil. If buried into concrete surface the hole must be filled from base to ground level and maintain a smooth surface commensurate with adjoining concrete area. Concrete must be allowed 48 hours to properly cure. 4. 5. expected to contain top rail, bottom rail, mid rails and closurellocking of their basic composition as defined in Line Items #9 (A-F) and #IO (A- tional featurev City of Palm Beach Gardens Arthur DeRostaing, CPPB Purchasing Agent February 22,2006 BID #2006-002 REVISED SUBMITTAL FORM DG date & time: March 3.2006 at 2:00pm Provide and Install Fencing Component SyStems The bid unit price amounts specified herein am to be utilizwl to determine fixed price lump sum work which includes the combined costs for equipment, labor and materials required to perform the work specified in this Invitation to Bid. The Bidder, having familiarized themselves with local condtions, nature and extent of work, and having examined carefully the Specification, terms and conditions herein, proposes to furnish all labor, materials, equipment and other items, facilities and services, without exception for the proper execution and completion of the tern contract, and if awarded the term contract, to complete the said work within time limits as specified in Work Authorization I Notice to Proceed for the following bid prices: Line ltem Type Specifications: Schedule 40 Galvanized or vinyl Coated Plpe. Galvanized Zinc Caated or vinyl Coated See/ Chain Link F86ric, Posts must be a minimum of 2.5” based on Chain Link Fence Manufacturers Institute Standards, as well as the American Society of Testing and Materials (ASTM) for products and installation. Provide unit and extended pdcing inclusive of all labor, materials, equipment and supplies to instali chain link fencing per specification on lines #1-10 and Section 3. The options. on listed on line sub-sections #A-f/G, are to be inclusive of all installation costs; bid unit prices only. B C .TBD L. Ft. Add bottom rail r, xxxx TBD Each Add 4" posts ,9x@. - xxxx A TBD L. Ft. Add top rail - xx)cx UNE #l - 10 TOTAL -ONLYm: - $ BID #2006-002 SUBMITTAL FORM Due date a time: March 3,2006 at 2:OOpm To: Ctty of Balm Beach Gardens 10500 N. Military Trait Palm Beach Gardens, Florida 33430 Agrees to Provide and Install Fencina ComrJonent Systems as defhed in this Bid in accordance with the requirements of the Specifications and bid Documents. The undetsigrt~d BidrYer hbs &%Wully bharhihk?d the Specification requirmehts and BidXontract Documents and is familiar with the nature and extent of the Work and any local conditions that may in any manner affect the Work to be done. The understgned agrees to Provide and tnstall Fenclna, Component Systems talfed far by the Speclfitat’lens tnd Bid Documents, in th4? manm?r prescribed thereln and to the standards of quality and performance established by the City fbf the Unit Bld pritt3 stated Ih the spate9 kt?E?IR pmvided. The undersigned agrees to the right of the City to hold ail Bids and Bid guarantees for a perlad nat tb exeeed ninety (90) days after the date of BId operiing stated tn the Request for Bid. The underslgned accepts the lnvolclng and payment poflcles specifled In the Bid. Upon award of this Bld, the City and Bldder each blnds hlmself, Itself, or herself, hidikiher partners, succ&ssors, assigns, and legal npresentathes to the other party here€o In respect to a11 covenants, agreements, and obl?gdions contained in the Bid Documents. The Bid Document constitutes the entire agreement between the City and Bidder and may dniy be altered, amended, w repeated by a ~tiahge cmer a written amendment. The Bidder, by signing the Bid Submittal pages, acknowledges and agrees to abide by aft the terms, conditlons, and speciflcatlons contahed in thls Bid Document. *** LINE tTEMS TO FOLLOW - 15 BID #2M6402 SUBMIlTAL FORM Due date & time: March 3.2006 at 2:OOpm PROVIDE AND INSTALL FENCING COMPONENT SYSTEMS 19 REFERENCES Bidder shall submit as a part of the bid package, four (4) business references with name of the business, address, contact person, and telephone number. h 5 Fax No.: (91 Fax No.: @d’) 7 4 a - b 3% Contact: flflVK E#bI ‘ch E-mail: E-mail: l‘? !a 20 ~ ~ ..... -. .- VENDOR.SERVlCE REPRESENTATIVE INFORMATION The following individuals are the designated contacts COMPANY NAME: -J!hfhkm& CONTRACTOR LICENSE #: L- I c)5q REGULAR WORK HOURS: ... AFTER WORK HOURS, WEEKEND & HOLIDAYS: Telephone: (51P) 25s- qcf4 a 21 DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more Bids/Proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or services, a Bid/Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids/Proposals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the, unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or services that are under Bid/Proposal a copy of the statement specified in subsection (I). 4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. to sign the statement, I certify that this firm complies fully with 22 MARTIN FENCE CO. mm 862 13th STREET, LAKE PARK, FLORIDA 33403-2383 ! ! EQUIPMENT LISTING 4 ea. Ford F-150 Trucks 8 ea. Ford F-350 Trucks 2 ea. Dodge 300 Trucks 1 ea. 2006 Komatsu forklift- Model FG25T14 1 ea. 2006 Komatsu forklift- Model FG30HT14 1 ea. 1992 Dandy Digger Miscellaneous Welding equipment ***All trucks are equipped with portable generators, power drills, and miscellaneous hand tools needed for fence installation. ***The self-propelled Dandy digger is equipped with an auger on the rear for post holes and a front bucket with forks for moving various material. Martin Fence Co. also has a trailer for Dandy digger transportation. PALM BEACH: 561.848.2666 TOLL FREE: 1.877.777.321 2 FAX: 561.848.4466 - . , .._I ________ I-, ,--I..-&-:-, INSCO INSURANCE SERVICES, INC. Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 Irvine, California 92614 (949) 263-3300 reilrlco cm BID BOND BONDNO. NA (NOW ALL MEN BY THESE PRESENTS, That we, Martin Fence Co., 862 13th Street, Lake Park, FL. 33403-2383 as Principal, and Developers Surety and Indemnity Company, 150 S. Pine Island Rd, #510, Plantation, FL. a corporation authorized to transact a general surety business in the State of Florida as Surety, are held and firmly bound unto The City of Palm Beach Gardens 10500 N. Military Trail, Palm Beach Gardens, FL. 33410 (hereinafter called the Obligee) One Thousand Do\lars and No/l 00t****************1*******t**I*t,**t**********~** in the full and just sum of ******* Dollars, ($ 1,000.00************’* ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Provide 8 Install Fencing Component Systems. Bid ## 2006-002. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. March 2006 YEAR Signed and Sealed this 3rd day of /7 i POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY www.InxoDico.com KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and appoint: PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 ***Doreen M. Shearin, James L. Planamento, Stephen A. Murray, Randy 3. Dayger, jointly or severally*** as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attorney(s)-in- Fact, pursuant to thesc presenk, are hereby ratified and confirmed. This Power ofAttorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice Prcsident of the corporation be, and that each of them hereby is, authorized to execute Powers ofAttomey, qualifying the Attorney(s)-in-Fact named in the Powers ofAttorncy to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused thcse presents to be signed by its respective Executive Vice President and attested by its Secretary this 1 st day of Deccmber, 2005. By: v- David H. Rhodes, Executive Vice-president Walter A. Crowell, Secretary 1 STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that hdshdthey executed the same in hisherltheir authorized capacity(ies), and that by hisherkheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directom of said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate. fiis Certificate is executed in the city of Irvine, California, the 3rd day of March , 2006 . R" -3 - Albert Hillebrand, Assistant Secrctary ID-1438 (DSI) (Rev. 12/05) OPlD Ks ACORD- CERTIFICATE OF LIABILITY INSURANCE MARTINF I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I SLATON INSURANCE P.O. BOX 220537 West Palm Beach KG 33422 Phone:561-683-8383 Fax:561-684-5995 DATE (MMKlOrmr) 03/09/06 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERA Owners Insurance Co INSURERC AmcoMP Preferred Ins. Co. lNSUG.€RB Auto-(Nnerm IIIIYT.IIc* C0lp.n~ INSURER 0 1 INSURERS AFFORDING COVERAGE I NAlC # I 32700 10006 - --- la988 Martin Fence Company Rob arcane 862 13th Street Lake Park FL 33403 h Ranted Equipment :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSLlED TO THE INSURED NAMD ABOVE FOR THE POLICY PERIOD INDICATU) N0TWITHSTPN)ING MAY F€RTAIN. ME INSURANCE WFORDU) BY TI€ POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TK TERMS EXCLUSIONS PM CONDITIONS OF SUCH ANY REWIREMEW. TERM OR coMlnoN OF ANY CON~FUCT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IS-SEO OR P<XlCIES AGGREGATE LIMITS SHOWN MY WVE BEEN REWCED BY PAID CLAIMS CLAlMSMADE OCCUR GENL AT,GG€GATE LIMIT APPLIES PER LOC AUTOMOWLE UABlLFPl ANY AUTO AU OWNED AUTOS SCHEMED AUTOS HIRED MOS NON-OWNED Amos If 5 descnbe under OTHER &cw PRovlsloNs below POLICY NWEER DATE (MMrWm) 4128478802 12/01/05 WCV7065263 03/01/06 2058242903 1 12/01/05 CMBINED SlNCLE LIMIT (En scciderl) L BODILY INJURY (Per person) BODILY INJURY (Per mudent] PROPERTY DAMAGE [Per accident) AUTO ONLY - EA ACCIDENT OTHERTW 5 I $ AUTO ONLY dCS- L If 1,000 , 000 12/01/06 AGGREGATE I P 1,000,000 EACHCCCURREKE d 500,000 IEL DISEASE-POCICYLIMIT lr500,OOO 12/01/06 1 Limit: $120 , 000 :ERTIFICATE HOLDER CITYPBQ City of Palm Beach Qardens 10500 North Military Trail Palm Beach Qardens FL 33410 KORD 25 (2001109) CANCELLATION SHWLD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATDN DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO WL *= DAYS WRlTTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLlCATlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. e ACORD CORPORATION ma 1 ciuw. Jane awinK MI: Brow & tlrown, Inc. FaXID: To: Am: Eva Greene Date: 3/9/2006 02:16 PM Page: 2 of 3 I OF - Phone: 954-776-2222 Fax:954-776-4446 I INSURERS AFFORDING COVERAGE I NAlC # I INSURED DATE (HMX)ONYW) LIABILITY INSURANCE 03/09/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOVI. I V DATE (MMIDDIW) DATE (MMIDDW) EACH OCCURRENCE %EEgEzT$ MED WP (AM one man) $ - t WC SIAIU UIK TORY LIMITS ER EL EACHACCIDENT EL DISEASE - EA EMPLOYEE EL DISEASE - Paicy LIMIT $ $ 0 I $ ACQRD. CERTIFICATE PROOUCER Brown h Brown, Inc. 5900 N. mdrews Ave. #300 P.O. Box 5727 Ft. Lauderdale FL 33310-5727 INSURERA *Ohio Casualty Insurance Co . I 24074 INSIJRER B Mart4n Fence Company Inc. Martfn Fence Company: dba: Attn Rob Green 862 i3th St Lake Park mi 33403 INSURER C I INSURER D I INSURER E I COVERAGES -. . . - - - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO ME INSURED NAMED ABOVE FOR ME POLICY PERIOD INDICATED. NO1WITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH MIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOW4 MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY Nu- LMKS TYPE OF HSURANCE OGNERAL LUBUl’Y COMMRCW. GENERPL LIABILITY PERSONAL 8 ADV INJXlY I I In GEKRALAGGREGATE I$ PROWCTS - CoMPrW AGG I $ I ~~ 01/01/06 1 01/01/07 AUTW08H.E LlABlllM PLL OWNED AUTOS SCHEDUED AUTOS HIRED AUTOS NOKOWMD AUTOS EA053420983 BODILY INJURY (Per W5mI BODILY INJURY (Per acadect) * WAGE LlABLlTy I AUTO ONY ~ EAACCIWJT I 5 DUXlCTlBLE RmNTlON $ WORKERS COWENSATION AND EMPLOYERS’ WLW ANY PROPRIETCRPAf?MERCUllVE OFFlCERlMEMRER EXCLU)ED? If 5 descnbernkr S&lAl. PROVISIONS be&r OTHER ESCRPTlON OF OPERATIONS I LOCATION6 I VEM I A ‘IT I SPECIAL PROVlSlONS :ERTIFICATE HOLDER CANCELLATION CITYOFP SHOULD ANY OF l& ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ME EXPIRATION DATE THEREOF. THE ISSUING INSURER WLL ENDEAVOR TO MAL NOTICE TO THE CERTIFICATE HOLDER NAMED TO ?HE LEK, BUT FAILURE TO DO SO SHAU. IMPOSE NO OBLIGATION OR LtABW OF ANY KiND UPON ME INSURER ITS AGENTS OR REPRESENTATIVES. I AUTHORIZED REPRESENTATWE - City of Palm Beach eardens 10500 N. Militam Trail Palm Beach Gardens FL 33410 !Py Beba 0 ACORD CORPORATION \988 CORD 25 (2001108) Date Prepared: March 30,2006 Meeting Date: April 20, 2006 Resolution 45, 2006 Exhibit C Ag reernen t STANDARD AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (‘City”) and Martin Fence Company, a Florida corporation (“Contractor”). WHEREAS, the City desires to retain the services of the Contractor to Provide and Install Fencing Component Systems in accordance with the City’s Invitation to Bid #2006-002 dated February 7, 2006, and the Contractors response thereto all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF ITB The terms and conditions of this Agreement shall include and incorporate the terms, conditions and specifications set forth in the City’s Invitation to Bid #2006-002 to Provide and Install Fencing Component Systems (‘ITB”), and the Contractor’s Response to the Invitation to Bid #2006-002, including all documentation required thereunder. ARTICLE 2. SCOPE OF SERVICES The Contractor shall perform those services identified in the specifications accompanying the City’s ITB #2006-002, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to Contractor in accordance with the “Bid #2006-002 Revised Submittal Form” to Provide and Install Fencing Component Systems and according to the terms and specifications of the referenced ITB #2006-002. ARTICLE 4. TERM OF AGREEMENT AND EFFECTIVE DATE The effective date of this Agreement shall be April 21, 2006. The initial term of this Agreement shall be for a period of two (2) years with the options for contract extensions for additional four (4), one (1) year term periods subject to the mutual consent of the City and the Contractor, unless otherwise terminated as provided herein. The City reserves the right to automatically extend any agreement for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new agreement is being solicited, evaluated, and/or awarded. 1 ARTICLE 5. INVOICES AND PAYMENT A. Invoices The Contractor shall submit invoices to the City on a weekly basis, as set forth in the Specifications. B. Pavment The City shall pay each invoice in accordance with the Florida Prompt Payment Act (F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 7. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants or agents relating to or arising out of the Contractor’s performance under this Agreement, the Contractor hereby agrees to indemnify, save and hold harmless the City, its officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action and judgments of any type whatsoever. ARTICLE 8. INSURANCE The Contractor shall meet the insurance requirements fully detailed in the General and Special Terms and Conditions of the m. ARTICLE 9. MISCELLANEOUS PROVISIONS A. Notice Format. AI1 notices or other written communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certificated mail (postage prepaid), return receipt requested, to the following addresses: As to City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Manager Facsimile: (561) 799-41 11 2 with a copy to: As to the Contractor: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Attn: City Attorney Facsimile number: (561) 799-41 11 Martin Fence Company 862 13'h Street Lake Park, Florida 33403-2383 Attn: Robert Greene Facsimile number: (561) 848-4466 B. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Bindinn Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. E. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. F. Governinn Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. G. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. H. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. I. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. 3 J. Attornev’s Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non- prevailing party pay to the prevailing party reasonable attorney’s fees and costs, including appellate fees and costs. K. Eaual Ormortunitv. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed or age be discriminated against in the performance of this Agreement. WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2006. CITY: CITY OF PALM BEACH GARDENS, a Florida municipal corporation [SEAL] By: Joseph R. Russo, Major APPROVED AS TO FORM ATTEST: By: Patricia Snider, CMC, City Clerk Executed by the Contractor this 31 day of fldGch/ ,2006. CONTRACTOR: MARTIN FENCE COMPANY, a Florida corporation B WITb.)E$&: (CORPORATE SEAL) C:\MyFiles\standard agreement.doc(319.062) lgr-doc89 4 Declaring the week OI April 2428,2006 as Victims’ Rig cuses attention on victims’ needs fir local activiw include: Monday, April 24th the Oeenina Ceremony at the West Palm ble discussian on Sexual Violence Against People With Disabilities bsted’ Ittesday, April 2P includes the annual Beach; Wednesday, Apnl ?€P, AVDA and at city Place, in West Palm Bead$ Thursday, 4p and LQ Wlti-Media Art/ WtitinCr Errhrb -&jheCloshg~ ~ P at th .. ' Declaring the weektrf April 23-30,2006 Days of Redembrawe . ecution and annihiiadn of t hatred, persecution, and $yra of the Cit& of hlm Beach Gardens should '&cti om in $just society; and d ourselves to ' been set aside for the people of the Citg of Palm Bench mbrance knatvn as CITY OF PALM BEACH GARBENS PROCLAMATION ofihe Municipal Clerk, a time hrvred arA I ut the world; and the Municipal Clerk is the oldest mcp ~fi &e Municipal Clerk provides ies and agencies ofgover ledged to be ever m Clerk defies w the rnl a :workshops and the a eetings of their &ate, proviz , professionat organiza that we recognize the a& further extend appreciatim to our CertifieeE t and to all ndunicipal Clerks for the vital services they " rm communities they represent. IN WITNESS WHEREOF, I have hereunto mat ryr hand and cd the &a1 of the City of Palm Beach L t. Florfda,,to be of- tkwth Day AI CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 6,2006 SUBJECT/AGENDA ITEM Resolution 6,2006: Art in Public Places - MidtowdBorland Center PUD Consideration of Approval: A request by Lucy Keshavarz on behalf of the Borland Center Owners Association Inc., for the consideration for approval of the proposed Art in Public Places for the non-residential portion of the Midtown Planned Unit Development (PUD) (f.k.a. Borland Center PUD). The Midtown PUD is located along the north side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive. [XI Recommendation to APPROVE j 1 Recommendation to DENY Reviewed by: L City Attorney I , Christine Tatum ' Finance Development Compliance Bahareh Keshavarz-Wolfs, AICP Approved By: Originating Dept.: Growth Management: Manager L Brad Wiseman Planning Manager [XI Quasi - Judicial [ ] Legislative [ ] Public Hearing Advertised: [ 3 Required >XI Not Required Affected Parties: [ ]Notified [XI Not Required FINANCE: N/A Costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Other- Budget Acct.#: N/A 'ity Council Action: ] Approved ] App. wl conditions ] Denied 3 Rec. approval ] Rec. app. w/ conds. ] Rec. Denial ] Continued to: dtachments: b Resolution 6, 2006 1 Applicant's Narrative b Location map b Artwork Details Artist Resume Project Budget Breakdown b CAD Drawings P Previous AIPP Table Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 6,2006 EXECUTIVE SUMMARY The subject request is for approval of the Art in Public Places (AIPP) program for the Midtown Planned Unit Development (PUD). The proposed large-scale art piece, which is situated directly on PGA Boulevard, consists of a concrete/stainless steel arch situated over a pedestrian pathway containing internally illuminated glass inserts of various shapes and colors. The AIPP Advisory Board voted 7-0 to recommend approval of the proposed art on November 15,2005. The City Council reviewed the subject petition on January 5,2006, and continued the item to the January 19, 2006, meeting. The City Council requested the applicant to confirm the distance of the art piece from PGA Boulevard. 0 Staff has verified that the art piece will be a minimum of 35 feet from the edge of pavement of PGA Boulevard. Subsequently, the City Council reviewed the proposed art on January 19, 2006, and raised concerns relating to the overabundance of glass shape colors, children climbing on the structure, and conflicts with drivers becoming distracted by the art piece. To address these concerns, the applicant has offered the following revisions and responses: 0 The glass shapes will be limited to five colors in-lieu of 10 or greater. The portion of the concrete bases that connect to the steel arcs have been increased in height from six feet, four inches to seven feet, four inches, which results in an overall height increase from 13 feet to 14 feet. CAD Images have been provided that represent the appearance of the art piece from PGA Boulevard. 0 Staff recommends approval of Resolution 6,2006 with eight conditions. BACKGROUND Midtown is located along the north side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive. On August 5, 2004, Midtown was approved by City Council for the master plan approval and conditional use approvals to allow for the development of 64,533 square feet (500-seat small theater, and 300-seat banquet hall, Sunday School and accessory facilities) for a cultural center and church facilities, 64,025 square feet for retail space, 19,950 square feet for restaurant space, 10,900 square feet for office space, and 225 rental units on an approximately 45-acre site, through the adoption of Resolution 92, 2004. The subject site is currently being developed in accordance with the plan approved by said resolution. In accordance with Section 78-262 of the Land Development Regulations entitled Art in Public Places, Fee Imposed on Development, all budgets for new construction of private and public developments shall include one percent (1%) of the total budget for vertical construction as a fee for art in public places. The subject fee shall be utilized by the developer for the provision of artwork on the project site, or the developer may choose to contribute one percent (1%) of the total vertical construction costs directly to the City for the provision of art on public property. 2 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 6,2006 Under the provisions of Section 78-261(a)( 1) of the City’s Land Development Regulations entitled Deposit ofFunds, prior to the issuance of a building permit the petitioner is required to place $194,000 into an escrow account, which represents an estimate of one (1 %) percent of the estimated total cost of vertical construction on site (please see the attached project budget breakdown). The budget for the proposed AIPP program is $194,000. PROPOSED ART IN PUBLIC PLACES The proposed Art in Public Places designed by Terry Thommes is described below (please see attached images and location maps): Reliance The applicant is proposing a large-scale art piece situated directly on PGA Boulevard. The art, titled Reliance, is a concrete and stainless steel arch situated over a pedestrian pathway located within the PGA Overlay, directly visible from the adjacent right-of-way. The sculpture will be approximately 14 feet in height and 60 feet in length (please see attached rendering). The sculpture will have glass inserts of various shapes and colors, which will be internally illuminated. ARTIST The artist, Terry Thommes, is a local sculptor. Thommes’ works of art are currently being shown in various museums, as well as in public and private spaces such as the 31 piece for Implant Innovations within the Northcorp PCD (please see attached artist resume). ART IN PUBLIC PLACES ADVISORY BOARD The Art in Public Places (AIPP) Advisory Board reviewed the subject petition on November 15, 2005. The AIPP Advisory Board praised the proposed art, welcomed its presence adjacent to PGA Boulevard, and voted 7-0 to recommend approval to the City Council. CITY COUNCIL The City Council reviewed the subject petition on January 5, 2006, and continued the item to the January 19, 2006, meeting. The City Council postponed action on the petition because the title of the resolution referred to the existing name of the development (Midtown PUD), and not the previous name (Borland Center PUD) after a request was made by resident Mr. Vito DeFrancesco. The City Council stated that they wanted to provide adequate identification of Resolution 6,2006 to all residents, which may have not been aware of the name change. Also on January 5, 2006, the City Council requested the applicant to confirm the exact distance of the art piece from PGA Boulevard (approximately 25 feet) and the angle of the base (52 degrees) at the January 19, 2006, meeting. The City Council also raised a concern with the art piece and its ability to withstand hurricane force winds. The applicant responded that the sculpture will be engineered to withstand hurricane force winds. Staff has included a condition of approval requiring the applicant to submit documentation prior to installation that verifies its ability to withstand hurricane force winds. 3 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 6,2006 Subsequently, the City Council reviewed the proposed AIPP on January 19, 2006, and raised concerns relating to the overabundance of glass shape colors; the potential for children climbing on the structure; and a traffic safety concern of drivers becoming distracted by the art piece. To address these concerns, the applicant has agreed to limit the stained glass to five colors in-lieu of 10 or greater; increased the height for the portion of the concrete bases that connect to the steel arcs from six feet, four inches to seven feet, four inches, which results in an overall height increase from 13 feet to 14 feet; and provided CAD Images that reflect the appearance of the art piece from PGA Boulevard. STAFF RECOMMENDATION The petitioner has satisfied the requirements established in the City’s LDRs relating to the provision of Art in Public Places. Staff recommends approval of Resolution 6, 2006, with the conditions provided therein. 4 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 6,2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC PLACES FOR THE MlDTOWNlBORLAND CENTER PLANNED UNIT DEVELOPMENT (PUD), WHICH IS LOCATED ALONG THE NORTH SIDE OF PGA BOULEVARD BETWEEN GARDENS SQUARE BOULEVARD AND SHADY LAKES DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 5, 2004, the City Council approved the master plan for the Midtown/Borland Center PUD which is located along the north side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive through the adoption of Resolution 92, 2004; and WHEREAS, Lucy Keshavarz on behalf of Borland Center Owners Association Inc., has submitted a petition (AIPP-05-09-000005) to the City’s Growth Management Department requesting approval of the proposed Art in Public Places for the Midtown PUD; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, Section 78-221 (d)(4)(a)(l) provides that the City Council may allow art in public places to be located within the fifty-five foot setback of the PGA Boulevard Corridor overlay; and WHEREAS, Section 78-261 provides that art in public places must be installed to be visible to the maximum number of passers-by; and WHEREAS, on November 15, 2005, the Art in Public Places Advisory Board reviewed said application and recommended its approval (7-0) to the City Council; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Date Prepared: December 7,2005 Revised: April 10, 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: December 7,2005 Revised: April 10, 2006 Resolution 6, 2006 SECTION 2. The City Council hereby approves the proposed Art in Public Places for the Midtown/Borland Center PUD located on the following described real property: LEGAL DESCRIPTION THE PLAT OF THE BORLAND CENTER AS RECORDED IN PLAT BOOK 104, PAGES 110 THROUGH 117, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. Said approval shall be consistent with plans and documents filed with the City’s Growth Management Department as follows: 1. Reliance Elevations, Plain View, Artist’s Sketch, and Site Plan prepared by Terry Thommes and the Borland Center Owners Association Inc., received and stamped by the City on March 20, 2006. 2. Reliance site plan and landscape plan, prepared by Cotleur & Hearing, received and stamped by the City on March 20,2006. SECTION 4. This art approval shall comply with the following conditions, which shall be binding upon the Applicant, its successors, assigns, and/or grantees: 1. 2. 3. 4. The Applicant shall be responsible for the maintenance of the works of art, and such maintenance responsibility shall be reflected in the POA documents. (Planning & Zoning) The Applicant shall submit digital photographs of the installed artwork within sixty (60) days of completion. (Planning & Zoning) The Applicant shall install all proposed artwork approved for the site by February 28,2007. The Growth Management Administrator may grant a one-time three- month time extension to this requirement for good cause demonstrated by the Applicant. (Planning & Zoning) Prior to the issuance of the building permit for the installation of the artwork, the Applicant shall submit a copy of its corporate logo and any mission statement of its organization, with authorization for the City to use such information in future publications. Prior to the issuance of the building permit, the Applicant shall also submit to the City an unlimited, perpetual, non-exclusive, royalty-free, irrevocable license from the artist to reproduce and distribute two- dimensional reproductions of the artwork for City-related purposes, and shall grant to the City the exclusive irrevocable ownership rights in any trademark, service mark, or trade dress rights regarding the artwork, pursuant to a license that shall be approved by the City Attorney. City approval of the artwork shall be deemed to be a grant of the artist for authorization by third parties to review and reproduce documents provided by the artist to the City which are deemed to be public records pursuant to public record laws of the state. (Planning & Zoning) 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: December 7,2005 Revised: April 10, 2006 Resolution 6, 2006 5. Graffiti-proof spray-on paint shall be utilized on all stucco areas of the “Reliance” sculpture. (Planning & Zoning) 6. Prior to the installation of the artwork, the Applicant shall submit documentation for the City’s review and approval, which indicates the proposed artwork will withstand Category 5 winds. (Planning & Zoning, Building Department) 7. The glass shapes on the art piece shall contain no more than five (5) different colors. (Planning & Zoning) 8. The artwork shall be installed so that no portion of the artwork is closer than thirty-five (35) feet from the edge of pavement for PGA Boulevard, and no closer than twenty-six and one half (26.5) feet from the property line of the Midtown/Borland Center PUD. SECTION 5. This approval expressly incorporates and is contingent upon all representations made by the Applicant or Applicant‘s agents at any workshop or public hearing. SECTION 6. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 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: December 7,2005 Revised: April 10, 2006 Resolution 6, 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 SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO -- AYE NAY ABSENT VICE MAYOR BARNETT --- COUNCILMEMBER JABLlN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- G:\attorney-share\RESOLUTIONSWIPP - midtown - reso 6 2006-as amended 4-3-06 clean.doc 4 I Art E. Culture Group, lnc. art &cultural programming design and consulting 66 St. James Drive Palm Beach Gardens Florida 33418 'honelfax: (561) 622-9892 March 17,2006 City Council City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 334 10 CITY OF PAlM BCH GDNS YAR i2 0 iouti PLANNING & ZONING DIV Re: Resolution 6,2006 - AIPP Borland Center PUD Revisions Dear City Council Members; Mayor Russo, Vice Mayor Barnett, Council Member Jablin, Council Member Levy and Council Member Valeche: On behalf of Borland Center Owners Association, this letter and information attached is submitted for review in regard to the above listed resolution. In review, the design goals for the public art were much like those for the overall project. The public art should: enrich the community, be timeless and inspiring in nature, and be of high quality both in terms of aesthetics and materials. The entities involved in developing the Borland Center / Midtown project are quite varied in background and high in number, especially when compared to other development projects. Therefore, as we went through the public art design process we had easy access to input from people that are already a part of the community and represent a cross section of the community as well. In addition to this, great consideration was given to the city's AIPP ordinance and input from members of the AIPP Advisory Board and city staff, which has been included in this collaborative process since the very beginning - this has been a large part of shaping the outcome. In general, most everyone can agree that Art is extremely subjective and perhaps wonder how Art in Public Places could ever succeed with such contradictions inherently present. Throw into this mix our uncommon ordinance that mandates public art by private means and there are even more issues to consider. However, because of these inherent contradictions, collaboration is one of the cornerstones to successful art in public places projects and essential in the case of the city's program. Our collaborative process has brought input fiom those mentioned above, which in turn has brought about many positive design changes from the artist and design team. Now, with input at the City Council level, we have been able to refine design elements and offer clarifications. The revisions made since the January 19,2006 meeting are as follows: The colored glass will be limited to fwe colors. The AIPP Advisory Board had advised the artist to put as much color as possible in the work. Originally the artist was going to use 10 or so colors. However, given the concerns voiced by Council Member Valeche that the colored glass is overly random compared to the rest of the sculpture the artist has agreed to limit his palette to five colors of glass. 0 Speculation that children will climb on sculpture: The overall height of the lowest concrete portion of “Reliance” where it connects to the stainless steel will be increased to 7 feet, 4 inches. This will make the stainless steel portion, which was said to encourage climbing, out of reach for children and most adults. This will increase the height to approximately 14 feet at the center of the stainless steel arch portion of the sculpture. Please see revised elevation and engineering drawings. Considering the good public behavior for other public art placed within the city, some that are in fact easier to climb on and in areas with less public view, it stands to reason there is little to no risk that “Reliance” will encourage inappropriate behavior on the part of young people. 0 Speculation that drivers will be distracted while driving by: We have provided CAD images that give an idea of what the sculpture will look and feel like as people drive by. As you will see it is a completely different perspective, a more correct perspective than looking at the drawings or looking down on the model. Combining images of the model with images of similar locations one will see there is more negative space or air surrounding the sculpture then there is mass of sculpture. Visually from the vehicular perspective one will see down the thin length of the sculpture for the majority of the approach which will unfold into the larger plaza area as one gets closer. At 35 feet from the roadway, compared to 25 feet for “Contiguous Curves” and “Butterfly Grove,” “Reliance” should be no more distracting than is a beautifid building or plaza area along the roadway. With the understanding these CAD images bring as well as considering existing public art and approved public art soon to be installed along the roadway, it stands to reason that “Reliance” poses little to no risk of encouraging inappropriate behavior on the part of people driving along PGA Blvd. Many people outside of our collaborative circle have seen the proposed “Reliance” sculpture and the large majority respond very positively. It is rare to have such a large number and variety of people express so much excitement over a proposed work of art. Most people are intimidated and do not voluntarily give opinions. However, “Reliance” has struck an amazing balance (as was intended); it is satisfying and exciting to many types of people from the art connoisseur to those that think they do not understand art. The discussions at previous council meetings brought forward several good questions and concerns. As you see, we have made changes and give clarifications that bring solutions to these concerns. However, it must be noted that there were several public comments given by a few that were grossly biased, speculative, and certainly could not be supported by fact. In addition, many comments were made with complete disregard for the current code concerning AIPP and therefore the direction given to us beginning more than two years ago, by city staff and the AIPP Advisory Board. It was very upsetting for all of us involved and seemed upsetting to all council members as well. We trust that you will look to fair-mindedness and opinions based on fact when we come before you on April 20. Please do not hesitate to contact me with any questions or comments that you may have. Given your approval on April 20,2006, we plan to have “Reliance” installed on site by the end of 2006 to the beginning of 2007 or by the latest February 28,2007, excluding acts of nature. We look forward to presenting these revisions and clarifications at the April 20,2006 City Council meeting as well as receiving a favorable response and approval. 2s Consultant to the Center Owners Association ’ I cy M.’F. Keshavarz Enclosures n 0 3 3 0 L u, U P & (P r rn 0 C $ P P U I' P L s 1 m 0 =m aa 3 P rn c U 5 0 % is;' c) 3 \ ? 'I f I (D 3 Q (D Q 3 9) 9) 3 (D 9) 0 Q (D 3 !+ -. R e. 0 0, 0 W (D Iu ul CD CD 0 3 (D -l 2 rc - 2- 8 0, 2 8 [XI m 0 2 9) 3 Q 9) 3 I c D zi 112 (D 3 " (D rn IT 9) 3 5 m E 5 cn 9) 1. cn C (D 0 W (D -l a a n ili 5 Y z 0 IT 9) E -. 5 -. 3 cn 9) 3 Q -0 9) Y 3 (D 8 s a 9) -I 5 tD rn I-- -7 I u) % 0 0 1- \t rn 0 = m 3 Q 0 m 3 z 1 u) ;5: rn m 1 Q ij. a L k TERRY THOMMES EDUCATION MFA in Sculpture, University of Georgia, 1980. Studied under John Kehoe, James Knecht, Larry Millard, & William Thompson BFA in Sculpture and Metalsmithing, Western Michigan University, 1978. Studied under Gerald Dumlao, Paul Mergan, and Dwayne Lowder EDUCATIONAL GRANTS, FELLOWSHIPS, AWARDS University of Georgia, Art Fellowship for Independent Study in Italy, 1979 MFA Studies Abroad Scholarship, University of Georgia, Cortona, Italy, 1978 MFA Ford Foundation Grant, University of Georgia, 1977 Ford Foundation Grant, Western Michigan University, 1975 International Kinetic Art Competition Winner(Nether1ands)-Third Place Award 2003 Art in the Park, Key West, Florida, Best sculpture viewed from air, 2004 ACADEMIA-TEACHING Instructor, Lighthouse Center for the Arts, Tequesta, Florida, 2005 Director, Art Workshops of Tuscany-Arezzo, 2003- present Sculpture Area Chair, Armory Art Center, West Palm Beach, 2000-2003 Instructor, Armory Art Center, West Palm Beach, 1999-2000 Adjunct Instructor, Florida Keys Community College, 1997 Assistant Professor of Sculpture, University of Georgia, 1993 AFFILIATIONS College Art Association, New York, New York International Sculpture Center, Washington, D.C. Florida Artist Registry, Tallahassee, Florida Martin County Arts Council. Stuart, Florida Palm Beach Cultural Consortium, West Palm Beach, Florida SELECTED EXHIBITIONS Harrison Gallery, Current Flotsam, Key West Florida 2005 Cultural Courthouse Gallery, Boat Show, Martin County, Florida 2005 Sculpture Key West, Fort Zachary Taylor, Key West, Florida 2005 Karen Lynne Gallery, Thommes and Borgerding, Boca Raton, Florida 2004 Art Basel-Miami, Miami, Florida 2004 Art in the Park, Ft Zachary Taylor, Key West, Florida 2004 Florence Biennale, Florence, Italy 2003 Art Basel, Basel, Switzerland 2003 Art in Motion, Netherlands, 2003 Art Workshops of Arezzo 2003, Arezzo, Italy Art in the Park, Fort Zachary Taylor, Key West, Florida 2003 Soh0 Arts South, Recent Works, Palm Beach, Florida, 2003 Nature Conservancy, Blowing Rocks Preserve, Jupiter, FL 2003 Lucky Street Gallery, Group Exhibition, Key West, Florida 2002 Contemporary Artists of Florida, Group Show ,City of Adventura, Florida 2002 MCAA Cultural Galleries, Two Person Exhibition Stuart, Florida 2002 Northport Gallery, Solo Exhibition,Northport, Michigan, 2002 DeBilzan Gallery, Group Exhibition, Santa Fe, New Mexico 2002 Soh0 South, 4 person Exhibition, Palm Beach, Florida 2002 Lucky Street Gallery, Thommes and Buckheim, Sculpture and Paintings, Key West, Nov, 2001 Northport Gallery, Implications, 2 person show, Northport, Michigan 2001 Armory Art Center, West Palm Beach, 2001 Inside-Outside, Guadalupe Fine Art , Santa Fe, New Mexico 2000 Ann Norton Sculpture Gardens, West Palm Beach, Florida 2000 Martin County Cultural Center Galleries, Stuart, Florida 20000 Armory Art Center, West Palm Beach, Florida 2000 Solo Exhibition, PELAGIC DRIFT, Lucky Street Gallery, Key West, Florida 1999 Art in the Park Outdoor Sculpture Exhibition, Fort Zachary Taylor, Key West, Florida 1999 Solo Exhibition, PELAGIC WEIRS, Guadalupe Fine Art, Santa Fe, New Mexico 1999 5th Annual Spiritual Art Exhibition, Guadalupe Fine Art, Santa Fe, New Mexico 1998 Art in the Park, Fort Zachary Taylor, Key West, Florida 1998 ARS EROTICUS, Woodenhead Gallery, Key West Florida 1998 Neovo, Guadalupe Fine Art, Sante Fe, New Mexico 1998 Hortt 39 Exhibition, Ft. Lauderdale Museum of Art, Ft. Lauderdale, Florida 1997 Solo Exhibition, Castello di Gargonza, Monte San Savino, Arezzo, Italy. July 1997 Solo Exhibition, Gallery on Greene, Key West, Florida April 1997 Gasparilla Exhibition, Tampa, Florida 1997 Art in the Park Outdoor Sculpture Exhibition, Key West, Florida 1996 Gallery on Greene Group Exhibition, Key West, Florida 1996 Hortt 38 Exhibition, Ft. Lauderdale Museum of Art, Ft. Lauderdale, Florida 1996 Group Show, Soh0 Gallery, Pensacola, Florida 1996 Six Artists, Eye of the Lizard Gallery, Vero Beach, Florida 1996 Images 96, New Smyrna Beach, Florida 1996 Group Exhibition, Lucky Street Gallery, Key West , Florida 1996 Solo Exhibition, Florida State Capitol Complex Gallery, Tallahassee, Florida 1995 It’s All Relative, Gallery Mesa, Mesa, Arizona 1995 Two Person Exhibition, Goodwin & Thommes, Lucky Street Gallery, Key West Florida 1995 Group Show, Eye of the Lizard Gallery, Vero Beach, Florida 1995 National Sculpture Show, Rockafeller Gardens, Onnond Beach, Florida 1995 SELECTED COLLECTIONS Terrence McNally, New York, New York Tim Allen, Sherman Oaks, CA Whitney Houston, Englewood Cliffs, New Jersey Jacqueline and Roland Grim, Key West, Florida Knox Collection, Stamford, Conneticut Ben and Ellen Levy, Albuquerque, New Mexico Phil and Mary Shannon, Cumming, Georgia & Summerland Key, Florida Castello Di Gargonza, Monte San Savino, Arezzo, Italy Count Roberto Guiaciardini, Florence, Italy Dr. Jorge Oti, Santa Fe, New Mexico Hellmich Collection ,Knokke, Belgium Kevin Avants, Santa Fe, New Mexico Jan Van Duppen, Beerce, Belgium Leonessi Collection, Arezzo, Italy Paolo Berti, Arezzo, Italy Heinz Collection, Marathon, Florida Cornerstone Sculpture Collection, Greenwich, Connecticut Redstone Collection, Needham, Massachusetts Sal Micca, Winchester, Connecticut McKenzie Collection, Greenbrae, California Goldman Collection, Swampscott, Massachusetts Birer Collection, Ft. Lauderdale, Florida SELECTED COMMISSIONS 1995-present 3i Implant Innovations, Palm Beach Gardens, Public Sculpture, 2005 Katherine Dunne, Bronze Gates and Garden Entries, 2004 Tina and Robert Kraft, Bronze Gates and Entrys, Bronze Vanes, 2003-2004 Port Salerno Fire Station, Bronze Public Sculpture, Stuart, Florida, 2002 Linda Dove Design, Metalsmithed Bronze Firescreen, Tequesta, Florida 200 1 Burrage Residence, Custom Art Gate, Florida Keys, 2001 Carolyn Smith, Bronze and Brass Railings, Jensen Beach, Florida 2000 Phil Shannon, Bronze Gates and Lamps, Summerland Key, Florida 2000 Bauer Residence, Bronze, Brass, Copper and Keystone Entry Gates and Entrance, 1998 Mary Shannon , Bronze and Concrete Sculpture, Bronze Gates, Cumming, Georgia 1998 Lutheran Outdoor Ministries Florida, 17 Ton Stone Installation, Gainesville, Florida 1998 Denise Brown, Sugarloaf Key, Florida. Bronze Gates, Bronze Lamps, Interior Sculpture 1997 Byron Hochausser, Boca Raton, Florida. Bronze & Granite Sculptural Furniture 1996 Blue Heaven Restaurant, Key West, Florida. Corten Steel Entry & Pedestrian Gates (painted) 1996 Dr. Daniel Gill & Dr. Francesca Brettschneider, Big Pine Key, Florida. Bronze Gates, Doors 1996 Dr. Fred & Meridith Troxel, Big Pine Key, Florida, Outdoor Sculpture 1995 Dr. Daniel Gill, Big Pine Key, Florida. 8' Carved Marble Outdoor Sculpture 1995 Shark Key Development Corp., Shark Key, Florida. Bronze Entry Gates, Bronze Pedestrian Gates John & Maribel Maschall, Sugarloaf Key, Florida. Bronze Entry Lamps Dee Hardin, New York, New York. Carved Marble Heads Jean Hellmich, Knokke, Belgium, Carved Marble Heads Dr. Fred Troxel, Big Pine Key, Florida Carved Marble Heads Richard McKenzie, Greenbrae, California. Carved Marble Couple PUBLIC WORK 3i Implant Innovations, Palm Beach Gardens, Florida Plaza Resulana, Smta Fe, New Mexico Port Salerno Fire Station, Port Salerno, Florida, Bronze Western Michigan [Jniversity, Sculpture Tour, Kalamazoo, Michigan, Metal and Concrete Castello di Gargonza, Monte San Savino, Italy Florida Keys National Marine Sanctuary, Large Underwater Environmental Concrete Sculptures Bahama Village, City of Key West, Florida. Welded Corten Steel Gates Marathon Regional Airport, Marathon, Florida. Welded Wall Relief BIRTHPLACE: RESIDENCE: 6185 SW Gaines Avenue Plainfeld, New Jersey, USA 1953- Stuart,Florida 34997 USA Tele: 772-286-2386 Fax: 772-220-4797 AlPP Borland Center - Budget Information AIPP Budpet - $160.000.00 Costs of proposed AlPP Reliance by Terry Thomrnes (Includes design, fabrication, installation of sculpture Art Specific Site Work: $145,000 by artist. Artist to subcontract engineering and lighting.) plaza design $5,000 plaza landscape $5,000 Memorial Plaque $3,000 plaza hardscape $10,000 electrical to sculpture $2,000 Arts Consulting Fee $24,000 Total $194.000 f To: Palm Beach c3ardtns M in bblic Places From: Robcrt Kraft P.E. Subject: Wind Load Certification Letter for Borland Ccntm (Reliance) DW: I-19-06 To whom it may concern, The prupose of this letter is to ctrtify that the "Reliance" sculptor in the Borland Center has been designed to withstand 155 mph wind loading. I Robert J. KmfI Borland Center - Revised Projected AIPP Timeline April 20,2006 City Council meeting SeDtember Preliminary submittal to AIPP Advisory Board for input September/October Terry Thommes completes scale drawings and scale model Revise landscape & plaza around “Reliance” Lighting design completed for “Reliance” Engineer drawings completed for “Reliance” Final submittal package completed end of October November Submittal to AIPP Advisory Board for final recommendation January Before City Council April 20,2006 Before City Council for final approval June - December 2006 Fabrication of public art Building permit for public art Site ready for public art December, 2006 - February 2007 Installation of “Reliance” on site I Title Contiguous Currents Concrete Columns Amber’s Moods for Wind and Water (1) Amber’s Moods for Wind and Water (2) Amber’s Moods for Wind and Water (3) Butterfly Grove Magicians Birthday Doctor Patient Relationship Poppies ‘------------ 31 Receptor Lion Around Whitetail Deer Gabriel Location I Approximate distance from edge of road City Hall 25 feet Divosta Building, S W corner of PGA Blvd. and Military Trail 26 feet PGA Commons 1 next to “Off the Vine” PGA Commons 3 next to PGA Commons 3 next to “Dante’ s” PGA Commons 3 next to “Oakwood Grille” Regional Center, NE corner of PGA Blvd. and Kew 60 feet 54 feet 30 feet 28 feet 27 feet “Spoto’s” Gardens Ave. PBG Med Pavilion, NW 45 feet corner of PGA Blvd. and Fairchild Gardens Ave. Northcorp Center, SE comer of Northcorp Pkwy. and RCA Blvd. Northcorp Center, entrance 27 feet to Implant Innovations Northcorp Center, entrance 27 feet to Belcan Bldn. 30 feet - Northcorp Pkwy. 50 feet - RCA Blvd. Southern Self Storage, NE corner of E. Park Dr. and Bums Rd. 16 feet - E. Park Dr. 20 feet - Burns Rd. St. Mark’s School, NW comer of Bums Rd. and Gardens East Dr. 27 feet - Burns Rd. 35 feet - Gardens East Dr. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 7,2006 Meeting Date: April 20,2006 Ordinance 13, 2006 and Resolution 35,2006 SubiecUAqenda Item: Ordinance 13, 2006 and Resolution 35, 2006: Trinity United Methodist Church Master Plan Phase 7 - Elementary School with Gymnasium Second ReadinglPublic Hearing: A request by Rick Warner of Warner Real Estate Advisors, agent for Trinity United Methodist Church of Palm Beach Gardens, for site plan approval of Phase 7, consisting of a two-story, elementary school building and gymnasium for a maximum of 240 students. The site is located at the southwest corner of Military Trail and Gardenia Drive. [ X ] Recommendation to Approve with Conditions ] Recommendatic Reviewed by: bfichael Sane City Attorney: & Chr ne . Tatum Interim Growth Management Dan Clark, P.E. Approved By: \ to Deny Originating Dept.: Growth Management: Project Planner [ XI Quasi-Judicial [ ] Legislative [ XI Public Hearing Advertised: Date: 4/5/06 Paper: Palm Beach Post [ ] Not Required Fi n a ncxiep t. : Allan Owens, Administrator Buildlnsntant: K. Labossiere Fees Paid: [Yes- As of 2/28/06] BY Funding Source: [ ] Operating [XI Other NA Budget Acct.#: NA City Council Action: [ ]Approved [ X ] Approved 5-0 with conditions on 1'' Reading - 4/6/06 [ ] Denied [ ] Continued to: Attachments Ordinance 13,2006 Resolution 35, 2006 Applicant letters DRC Comments Ordinance 2, 1992 Resolution 6, 1993 Resolution 143, 1994 Ordinance 15, 1998 Admin. Approval-01-07 Location Map 0 Current and Proposed plans Date Prepared: April 7, 2006 Meeting Date: April 20,2006 Ordinance 13,2006 and Resolution 35,2006 EXECUTIVE SUMMARY The master plan for Trinity United Methodist Church has been approved for 12 phases on two parcels. The original approval included a 2,400 seat sanctuary, a fellowship hall, day care center and office space, and an elementary school for 240 students. The applicant is now requesting site plan and architectural approval of Phase 7, which consists of the two- story elementary school building with 12 classrooms for Grades K- 5 and a one-story gymnasium to be located on the south parcel at the western end of the property. No changes are proposed to the originally approved gross building area of 265,000 square feet for the entire site. The architecture and materials proposed are compatible with the existing structures. The build-out date for the site is December 31,2007. The City Council granted a seven-year time extension until December 31, 2007, through the adoption of Ordinance 15, 1998. Staff and the applicant have met with representatives of the Ballenlsles Community Association to discuss the impact of the proposed elementary school on the neighborhood. No waivers can be requested since this site is within a “straight zoning district” Residential Low-3 (RL-3) with a Conditional Use Overlay zoning district. No variances have been requested. Staff is recommending approval with conditions contained in the resolution. At its meeting on April 6,2006, the City Council voted 5-0 to approve Ordinance 13,2006, on first reading. BACKGROUND Ordinance 2, 1992 approved a rezoning of approximately 19 acres, a conditional use, and master plan for Trinity United Methodist Church. The approval was for a 265,000 square- foot religious facility, including a 2,400 seat sanctuary, a fellowship hall, day care and office space, and an elementary school for 240 students. This ordinance required the City Council’s approval of any future phase of development prior to construction. Resolution 6, 1993 provided for the vesting of the Conditional Use and approved a carport enclosure for storage purposes. Resolution 143, 1994 approved the construction of a portion of the parking area and changed the phasing plan. Ordinance 15, 1998 approved an amendment to the site plan that modified the shape of the driveway adjacent to the chapel; deleted a single-story building; added a memorial garden, a multi-purpose building, and a main sign; modified the phasing plan; and granted a seven-year time extension until December 31, 2007, to complete construction. On June 14, 2001, the approval of Administrative Petition ADMIN-01-07 allowed the shifting of 1,457 square feet of building area from the multi-purpose building in Phase 5 to the administration building. 2 LOCATION AND ACCESS Trinity United Methodist Church site is located at 9625 North Military Trail at the northwest and southwest corners of Gardenia Drive. The proposed elementary school will be located on the parcel of land on the south side of Gardenia Drive toward the rear of the property. Two driveways provide ingress and egress to the school site from Gardenia Drive approximately 375 feet west of Military Trail and approximately 575 feet west of Military Trail. LAND-USE AND ZONING The future land-use designation of the subject site as reflected on the City’s Future Land- Use Map is Residential Low (RL). The zoning classification of the site is Residential Low Density-3 (RL-3) with a Conditional Use Overlay approval. TRAFFIC CONCURRENCY Traffic concurrency has been granted previously to the subject property with a build-out date of December 31, 2007. Prior to any future amendments that may increase the originally approved gross building area of 265,000 square feet of both the north and south parcels, the applicant shall submit an updated traffic analysis or traffic equivalency report to Palm Beach County Traffic Division and the City of Palm Beach Gardens for a coordinated review and approval. The City Council granted a 7-year time extension until December 31, 2007, through the adoption of Ordinance 15, 1998. PROJECT DETAILS The Master Plan for Trinity United Methodist Church has been approved for a gross building area of 265,000 square feet in 12 phases on two parcels of land. The parcel on the north side of Gardenia Drive is approximately 9.93 acres, and the parcel on the south side of Gardenia Drive is approximately 8.89 acres. To date, no building construction has occurred on the north parcel. Currently the south parcel has a total of 52,932 square feet of church buildings, including a day care center. With the completion of the two-story elementary school and the one story gymnasium on Phase 7, a total of 92,375 square feet of building area will exist on the south parcel. According to the applicant, the school will have 12 classrooms for Grades K-5 and will be limited to 240 students. The applicant states the school will not generate any noises that would violate City Codes, and there will be very few activities after 500 p.m. No regular evening or night uses are planned, except for an occasional special event such as graduation ceremonies. The school will provide appropriate school crossing guards. Site Circulation Traffic will enter the site by way of two driveways off Gardenia Drive. Two 180-foot long drop-off stacking lanes have been provided with circulation around three rows of parking 3 Date Prepared: April 7, 2006 Meeting Date: April 20,2006 Ordinance 13, 2006 and Resolution 35, 2006 Date Prepared: April 7, 2006 Meeting Date: April 20,2006 Ordinance 13,2006 and Resolution 35,2006 Comparison Number students Drop-off stacking distance on spaces. The applicant states these stacking lanes will be capable of storing approximately 25 cars, and the appropriate traffic guards will be provided. No children will be allowed to cross any street since they will be picked up and dropped off at the walkwayldrop-off area adjacent to the north side of the classroom building. Trinity United Methodist Elementary School St. Mark's Church School 570 students ~re-K-8'~ grades 240 students K-~J'~ grades 360' 300' Staff has compared this site plan to St. Marks School on Burns Road, which was approved by City Council in January of 2001. As can be seen from the chart below, the Trinity school compares more favorably in that it has less than half the number of students at St. Marks, and Trinity has greater stacking distances for drop-off and pick-up of students: site Deceleration Lanes I Yes - right turn off Military Trail I No deceleration lane on Burns Rd. Parkinq Parking for the entire site has been calculated based on the proposed 2,400 seat sanctuary. The sanctuary requires 600 parking spaces (one parking space for 4 seats), and 696 spaces have been provided on the Master Site Plan. The applicant is proposing to construct and pave 56 of these parking spaces as part of Phase 7. At the completion of Phase 7, the number of spaces provided will be 408. Six of these spaces will meet requirements of the ADA (American Disabilities Act). The required ADA sidewalks have been provided from the handicap parking spaces to the classroom building. Buildinq Architecture, Colors, and Materials The proposed 29,636 square-foot two-story classroom building and the 9,807 square-foot gymnasium wing have been designed to be architecturally compatible with the existing church structures. Main entries to the building will be on the east and north elevations. The facades will be a combination of white stucco and red-blend brick veneer, with solid brick veneer accents. The roof will be grey asphalt shingles to match the existing roofs. The height of the building at the mid-point of the roof is 33'3". A covered walkway will extend along the north and east sides of the classroom building to facilitate student drop- offs. The windows of the gymnasium have been placed above the first floor level. Landscaping Phase 7 is proposed to have 2,425 landscape points. The proposed landscaping will consist of both new and existing vegetation and will include Live Oak trees, Palmettos, Cabbage Palms, and Washingtonia Palms. Approximately 825 shrubs, groundcovers, and vines are included in the proposed landscape plan. 4 Date Prepared: April 7,2006 Meeting Date: April 20, 2006 Ordinance 13,2006 and Resolution 35,2006 Drainage The drainage statement provided by the applicant states the project will utilize existing and proposed site grading and ex-filtration trenches to provide the required storm water treatment and protection. The on-site storm water drainage system will consist of a conventional inlet catch basin and culvert type system to direct runoff to the ex-filtration trenches. Site Liqhtinq The applicant has submitted a photometric plan which has been reviewed by the City Engineer and meets the requirements of the Code. Siqnaae No signage is being proposed as part of this petition. Should the applicant propose to construct any additional monument signs on the site, a review by City Council will be required. PLANNING, ZONING, AND APPEALS BOARD At its meeting of February 28,2006, the Planning, Zoning, and Appeals Board voted 7-0 to recommend approval of the petition with all proposed conditions. CITY COUNCl L At its meeting of April 6, 2006, the City Council voted 5-0 to approve Ordinance 13, 2006 on first reading, with no changes. STAFF RECOMMENDATION It should be noted that several conditions within Resolution 35, 2006 have been brought forward from the original development order approval and subsequent amendments. The new conditions in the resolution have been underlined. Staff recommends approval of Ordinance 13,2006 on Second Reading and Resolution 35, 2006 at adoption with the conditions contained therein. jholloman/Folder: Trinity Methodist ChurchlStaff report City Council 2nd reading 5 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 ORDINANCE 13,2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO ORDINANCE 2, 1992, AS AMENDED BY RESOLUTION 6, 1993, RESOLUTION 143, 1994, AND ORDINANCE 15, 1998, RELATING TO THE TRINITY UNITED METHODIST CHURCH MASTER SITE PLAN; TRANSFERRING THE MASTER SITE PLAN AND RELATED CONDITIONS TO RESOLUTION 35, 2006; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 6, 1992, the City Council adopted Ordinance 2, 1992, which approved the rezoning of approximately 19 acres, a Conditional Use, and the Master Plan for Trinity United Methodist Church; and WHEREAS, on January 21, 1993, the City Council adopted Resolution 6, 1993, which amended Ordinance 2, 1992, to allow modifications to an existing house, a reduction in the area of the storage buildings, and the vesting of the previously- approved Conditional Use; and WHEREAS, on November 3, 1994, the City Council adopted Resolution 143, 1994, which allowed the construction of a portion of the parking area and approved a change to the phasing plan; and WHEREAS, on August 6, 1998, the City Council adopted Ordinance 15, 1998, which amended the site plan, deleted a single-story building, added a memorial garden, added a multi-purpose building and signage, amended the Conditional Use by modifying the phasing plan, and granted a seven-year time extension until December 31, 2007, to complete construction; and WHEREAS, on June 14, 2001, an Administrative Approval was granted to allow a shifting of 1,457 square feet of building area from the multi-purpose building in Phase 5 to the administration addition; and WHEREAS, the City has received a request (Petition MISC-04-36) from Warner Real Estate Advisors, Inc., agent for Trinity United Methodist Church, for approval of Phase Seven (7) on the south parcel of the Master Plan to allow the construction of a two-story elementary school building with a one-story gymnasium for a maximum of 240 students in Grades K-5; and WHEREAS, the Growth Management Department has reviewed the application, has determined it is sufficient, and has recommended approval; and Date Prepared: March 6, 2006 Ordinance 13,2006 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 Planning, Zoning, and Appeals Board held a public hearing on February 28,2006, and voted 7-0 to recommend approval with conditions; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to Ordinance 2, 1992, Resolution 6, 1993, Resolution 143, 1994, and Ordinance 15, 1998 on the following described property: LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 13, TOWNSHIP 42 SOUTH, RANGE 42 EAST; THENCE SOUTH 1O45’30” WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2220.19 FEET TO A LINE 430.00 FEET NORTH OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 13; THENCE NORTH 88O26’36” WEST ALONG THE LINE 430.00 FEET NORTH OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 13, A DISTANCE OF 67.00 FEET KNOWN AS STATE ROAD 809, ACCORDING TO ROAD PLAT BOOK 7, PAGE 165, SAID POINT IS ALSO THE NORTHEAST CORNER OF BALLENISLES POD 23 AS RECORDED IN PLAT BOOK 89, PAGE 159, AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88O26’36” WEST ALONG THE LINE 430.00 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, ALONG THE NORTH LINE OF BALLENISLES POD 23, A DISTANCE OF 869.63 4 ROADWAY AT BALLENISLES AS RECORDED IN PLAT BOOK 74, PAGE 194; ALONG A LINE 936.63 WEST OF AND PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, A DISTANCE OF 466.69 FEET TO TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL, ALSO FEET TO THE SOUTHEAST CORNER OF TRACT ECA - 2 ACCORDING TO PHASE THENCE NORTH 1O45’30” EAST ALONG THE EAST LINE OF SAID TRACT ECA - 2 THE SOUTHWEST CORNER OF GARDENIA DRIVE TRACT R - 2 ACCORDING TO 2 Date Prepared: March 6, 2006 Ordinance 13. 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 SAID PHASE 4 ROADWAY AT BALLENISLES; THENCE SOUTH 88’26’36’’ EAST ALONG THE SOUTH LINE OF SAID GARDENIA DRIVE TRACT R - 2 AND LATER GARDENIA DRIVE TRACT R - 3, A DISTANCE OF 491.41 FEET TO THE POINT OF CURVATURE WITH A CURVE CONCAVED TO THE SOUTH HAVING A RADIUS OF 321.00 FEET AND A CENTRAL ANGLE OF 26’47’51’’; THENCE EASTERLY ALONG 150.13 FEET TO THE POINT OF REVERSE CURVE WITH A CURVE CONCAVED TO THE NORTH HAVING A RADIUS OF 429.00 FEET AND A CENTRAL ANGLE OF 26’47’51’’; THENCE CONTINUE EASTERLY ALONG THE SOUTH LINE OF SAID OF SAID CURVE; THENCE SOUTH 36’50’48’’ EAST ALONG THE SOUTH LINE OF THE SOUTH LINE OF SAID GARDENIA DRIVE TRACT R - 3 AN ARC DISTANCE OF GARDENIA DRIVE TRACT R - 3 AN ARC DISTANCE OF 200.65 FEET TO THE END SAID GARDENIA DRIVE TRACT R - 3, A DISTANCE OF 63.80 FEET TO SAID WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL, ALSO KNOWN AS STATE ROAD 809; THENCE SOUTH l”45’30” WEST ALONG SAID WEST RIGHT-OF-WAY ON A LINE 67.00 FEET WEST OF THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 336.14 FEET TO THE POINT OF BEGINNING. CONTAINING 8.8919 ACRES, MORE OR LESS. SECTION 3. Section 2 of Ordinance 2, 1992; Sections 1 through 5, inclusive, of Resolution 6, 1993; Section 2 of Resolution 143, 1994; and Sections 1 through 4, inclusive, of Ordinance 15, 1998 are hereby transferred to Resolution 35, 2006. SECTION 4. Any future amendments to the development plans andlor conditions of approval shall be accomplished by Resolution of the City Council. SECTION 5. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 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 47 Date Prepared: March 6, 2006 Ordinance 13, 2006 PASSED this b'e day of twlzl 1 , 2006, upon first reading. PASSED AND ADOPTED this day of , 2006, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Jody Barnett, Vice Mayor Eric Jablin, Councilmember David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney FOR AGAINST ABSENT G:\attorney-share\ORDlNANCES\trinity united methodist church-phase 7 - ord 13 2006.doc 4 d Date Prepared: March 17,2006 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 35,2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CONDITIONAL USE APPROVAL OF THE TRINITY UNITED METHODIST CHURCH MASTER PLAN TO ALLOW CONSTRUCTION OF A TWO-STORY ELEMENTARY SCHOOL FOR GRADES K-5 WITH A ONE-STORY GYMNASIUM FOR A MAXIMUM OF 240 STUDENTS; APPROVING THE PHASE 7 SITE PLAN ON THE SOUTH PARCEL; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 6, 1992, the City Council adopted Ordinance 2, 1992, which approved the rezoning of approximately 19 acres, a Conditional Use, and the Master Plan for Trinity United Methodist Church; and WHEREAS, on January 21, 1993, the City Council adopted Resolution 6, 1993, which amended Ordinance 2, 1992, to allow modifications to an existing house, a reduction in the area of the storage buildings, and the vesting of the previously- approved Conditional Use; and WHEREAS, on November 3, 1994, the City Council adopted Resolution 143, 1994, which allowed the construction of a portion of the parking area and approved a change to the phasing plan; and WHEREAS, on August 6, 1998, the City Council adopted Ordinance 15, 1998, which amended the site plan, deleted a single-story building, added a memorial garden, added a multi-purpose building and signage, amended the Conditional Use by modifying the phasing plan, and granted a seven-year time extension until December 31, 2007, to complete construction; and WHEREAS, on June 14, 2001, an Administrative Approval was granted to allow a shifting of 1,457 square feet of building area from the multi-purpose building in Phase 5 to the administration addition; and WHEREAS, the City has received a request (Petition MISC-04-36) from Warner Real Estate Advisors, Inc., agent for Trinity United Methodist Church, for approval of Phase 7 on the south parcel of the Master Plan to allow the construction of a two-story elementary school building and one-story gymnasium for a maximum of 240 students in Grades K-5, generally located at the southwest corner of Military Trail and Gardenia Drive; and WHEREAS, the Growth Management Department has reviewed the application, has determined it is sufficient, and has recommended approval; and 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: March 17, 2006 Resolution 35,2006 WHEREAS, the Planning, Zoning, and Appeals Board held a meeting on February 28,2006 , and voted 7-0 to recommend approval with conditions; and WHEREAS, by adoption of Ordinance 13, 2006, the City Council has determined that the site plan approvals and related conditions for Trinity United Methodist Church, which are contained in Ordinance 2, 1992; Resolution 6, 1993; Resolution 143, 1994; Ordinance 15, 1998; and Administrative Petition ADMIN-01-07 shall all be transferred to this Resolution 35, 2006; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The amended Master Plan for Trinity United Methodist Church is hereby APPROVED for the following described real property to permit the development of Phase 7 on the south parcel, consisting of a two-story elementary school with a one- story gymnasium, subject to the conditions of approval provided herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 13, TOWNSHIP 42 SOUTH, RANGE 42 EAST; THENCE SOUTH 1’45’30’’ WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2220.19 FEET TO A LINE 430.00 FEET NORTH OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 13; THENCE NORTH 88’26’36” WEST ALONG THE LINE 430.00 FEET NORTH OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 13, A DISTANCE OF 67.00 FEET KNOWN AS STATE ROAD 809, ACCORDING TO ROAD PLAT BOOK 7, PAGE 165, SAID POINT IS ALSO THE NORTHEAST CORNER OF BALLENISLES POD 23 AS RECORDED IN PLAT BOOK 89, PAGE 159, AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88’26’36” WEST ALONG THE LINE 430.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL, ALSO 2 Date Prepared: March 17,2006 Resolution 35,2006 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 NORTH OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, ALONG THE NORTH LINE OF BALLENISLES POD 23, A DISTANCE OF 869.63 4 ROADWAY AT BALLENISLES AS RECORDED IN PLAT BOOK 74, PAGE 194; ALONG A LINE 936.63 WEST OF AND PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, A DISTANCE OF 466.69 FEET TO SAID PHASE 4 ROADWAY AT BALLENISLES; THENCE SOUTH 88O26’36” EAST FEET TO THE SOUTHEAST CORNER OF TRACT ECA - 2 ACCORDING TO PHASE THENCE NORTH l”45’30” EAST ALONG THE EAST LINE OF SAID TRACT ECA - 2 THE SOUTHWEST CORNER OF GARDENIA DRIVE TRACT R - 2 ACCORDING TO ALONG THE SOUTH LINE OF SAID GARDENIA DRIVE TRACT R - 2 AND LATER GARDENIA DRIVE TRACT R - 3, A DISTANCE OF 491.41 FEET TO THE POINT OF CURVATURE WITH A CURVE CONCAVED TO THE SOUTH HAVING A RADIUS OF 321.00 FEET AND A CENTRAL ANGLE OF 26”47’51”; THENCE EASTERLY ALONG 150.13 FEET TO THE POINT OF REVERSE CURVE WITH A CURVE CONCAVED TO THE NORTH HAVING A RADIUS OF 429.00 FEET AND A CENTRAL ANGLE OF 26O47’51”; THENCE CONTINUE EASTERLY ALONG THE SOUTH LINE OF SAID OF SAID CURVE; THENCE SOUTH 36”50’48” EAST ALONG THE SOUTH LINE OF THE SOUTH LINE OF SAID GARDENIA DRIVE TRACT R - 3 AN ARC DISTANCE OF GARDENIA DRIVE TRACT R - 3 AN ARC DISTANCE OF 200.65 FEET TO THE END SAID GARDENIA DRIVE TRACT R - 3, A DISTANCE OF 63.80 FEET TO SAID WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL, ALSO KNOWN AS STATE ROAD 809; THENCE SOUTH l”45’30” WEST ALONG SAID WEST RIGHT-OF-WAY ON A LINE 67.00 FEET WEST OF THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 336.14 FEET TO THE POINT OF BEGINNING. CONTAINING 8.8919 ACRES, MORE OR LESS. SECTION 3. Phase 7 of the Master Plan development is approved subject to the following amended conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Ordinance 2, 1992: 1. No land clearing shall be permitted until a Building Permit is issued. 2. No land clearing shall be permitted until the required Florida Fresh Water Fish and Game Commission Permits are approved. 3. All trees to be saved during any phase of site development shall be protected as per Section 4453.50, T:cs Dr&e&tm ’ , 78-330, Protection of root systems, of the Palm Beach Gardens Code of Ordinances. 3 - I 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: March 17,2006 Resolution 35,2006 4. 5. 6. 7. Prior to land clearing of any kind, all trees and vegetation to be saved shall be tagged and mapped for location, specie, and size. This map shall be submitted to the City for review by the City Forester. The City Forester shall inspect and approve all completed work only after the Landscape Architect of Record has documented, in writing, that the work has been performed per the site plan approval. If a protected tree dies during construction or because of construction practices, it shall be replaced with the like at a replacement schedule as follows: For every one (I) inch caliper lost, three (3) inches of new caliper shall be required. The minimum caliper of a tree shall be three (3) inches. If the City finds that maintenance of the grass parking area is in disrepair or poor appearance, the City shall notify the property owner in writing that within thirty (30) days of said notice the deficiencies shall be rectified. Should the deficiencies not be corrected within said thirty (30) days, the City may require the parking area to be totally paved to City standards within one hundred fifty (1 50) days upon written notification. Final site plan approval for all future phases shall be approved in ) lPlanning & Zoning) ~~cr ptwF-40 8. cc. /./ .. . .. .. jiziibr condition) r\r in 8. All green areas shall be fully irrigated (including the grass parking spaces). (Citv Forester) Resolution 143, 1994 9. Prior to the p&&et$s approval of future phases of the development, the plans shall be revised to show wheel stops or curbing for all paved parking areas per Code. (Enqineering) IO. Phase 2A and 2B shall be considered temporary, and at the time of further site plan review, areas within these phases may be reevaluated and amended to be consistent with the approved Master Plan. [Engineering) 4 Date Prepared: March 17, 2006 Resolution 35,2006 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 11. 12. 13. 14. 15. 16. Upon request by the City, areas that have been allowed to have vegetation or ground cover removed pursuant to the approved site plan, and subsequently abandoned for any reason for more than three (3) months, shall be seeded with a ground cover or grass immediately, or the City shall have the work done at the owner's expense. Prior to clearing or construction, trees or native areas designated for preservation shall be tagged or roped-off. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 45320 78- - 312 shall also be enforced during construction. lCitv Forester) All tree protection and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, all landscaping work, and any work that affects the outcome of the approved landscape plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. /City Forester) All trees or plants designed for preservation that die during construction or because of construction practices shall be replaced using the following schedule: For every inch of tree caliper lost, three (3) inches of new tree caliper shall be replaced with like specie. The minimum replacement tree shall be three (3) inches in diameter. Palms shall be replaced with like specie, one for one, with a minimum IO' height. Shrubs shall be replaced with like specie, one for one, with a minimum 30" height. If the site cannot support the total number of replacement trees as required above, City Council may permit the developer to donate excess trees to the City for planting on public lands. [Citv Forester) Prior to the use of the parking area the Landscape Architect of Record shall certify in writing to the City that the landscaping has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. All applicable conditions from Ordinance 2, 1992 and Resolution 6, 1993 shall apply to Phases 2A and 2B. 5 Date Prepared: March 17,2006 Resolution 35, 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 3 (NO LONGER APPLICABLE - COVERED BY NEW CONDITION) IO nrinr tn (NO LONGER APPLICABLE - COVERED BY NEW CONDITION) Ordinance 15, 1998: 2Q. ?rii?crF .. .. \I En APPL I CABLE) LONGER APPLICABLE) (NO LONGER APPLICABLE) New Conditions: Engineering 17. Prior to the issuance of the first land alteration permit for each phase, as applicable, the Applicant shall provide a construction plan for review and approval. All plans and support documentation, including calculations, submitted bv the Applicant for review bv the Citv Enqineer shall be siqned and sealed bv a professional engineer licensed in the State of Florida, in accordance with Section 78-448 of the LDR. (Citv Enqineer) 18. Prior to construction plan approval and issuance of the first land alteration permit, the four (4) ADA compliant parkinq spaces at the northeast end of the double row of parking spaces on the north side of the classroom buildinq shall be relocated to the northwest end of the row adiacent to the northwest entry to the classroom building. (City Engineer) 19. The Applicant shall provide all necessary construction zone siqnage and fencinq as required bv the Citv Engineer. (City Enqineer) 6 Date Prepared: March 17, 2006 Resolution 35.2006 1 20. The Applicant shall COPV to the Citv all permit applications, permits, 2 3 certifications, and a pprova Is. (Ci tv Engineer) 4 5 6 7 8 9 10 11 12 13 14 21. The construction, operation, and/or maintenance of anv elements of the subiect proiect shall not have any negative impacts on the existinq drainaqe of surroundinq areas. If at anv time during the proiect development it is determined bv the City that anv of the surrounding areas are experiencinq neqative drainaqe impacts caused bv the proiect, it shall be the Applicant’s responsibilitv to cure the impacts in a period of time and a manner acceptable to the City Engineer prior to additional construction activities. /City Engineer) 22. Prior to anv future amendments that increase the oriqinallv-approved building area, the Applicant shall submit an updated traffic analysis or traffic 15 16 17 18 19 20 21 22 23 24 25 24. Prior to construction plan approval and the issuance of the first land 26 alteration permit, the Applicant shall provide, in addition to those items 27 required bv Citv Code, a cost estimate for the on-site proiect improvements 28 for each phase of the proiect, as applicable, not includinq public 29 infrastructure, landscaping, and irrigation costs for review and approval bv 30 the Citv. The cost estimate shall be siqned and sealed bv an enqineer and 31 shall be posted with the City prior to the issuance of the first land alteration 32 permit. /City Enqineer) 33 34 Landscapinq 35 36 25. At the time of application for the next phase of construction south of 37 Gardenia Drive, the Applicant shall provide information regardinq the 38 percentaqe of open space and required landscape points for the entire 39 propertv located south of Gardenia Drive. (Citv Forester) 40 41 26. At the time of application for the next phase of construction north of 42 Gardenia Drive, the Applicant shall provide information regardinq the 43 percentage of open space and the required landscape points for the entire 44 propertv located north of Gardenia Drive. (City Forester) 45 46 equivalency report to Palm Beach County Traffic Division and the City of Palm Beach Gardens for a coordinated review and approval. The traffic equivalency report shall utilize actual traffic counts qenerated at the time of the amendment and durinq the peak season if the amendment is submitted off-season. If requested bv the City Engineer, the analvsis shall include an updated traffic management plan. (Citv Enqineer) 23. Prior to the issuance of the first land alteration permit, the Applicant shall schedule a pre-permit meetinq with Citv staff. (Citv Enqineer) 7 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: March 17,2006 Resolution 35.2006 27. Should the specimen Live Oak tree located east of the playground die following relocation adiacent to Militaw Trail, it shall be replaced with an 18- foot Live Oak. (City Forester) 28. Prior to the issuance of the first Certificate of Occupancy for Phase 7, all trees and landscape plantings shall be field located to avoid conflicts with existing and proposed utilities, drainage, and lightinq. (City Forester) Planninq and Zoninq 29. Prior to the issuance of the first Certificate of Occupancy for Phase 7, the plat for the parcel on the south side of Gardenia Drive shall be approved by the City Council. (Planning & Zoning, Enaineerinq) 30. Prior to the issuance of the first Certificate of Occupancy for Phase 7, required digital files of the approved plat for the south parcel in its entirety, transformed to NAD 83 State Plane Coordinate System. shall be submitted to the Planninq and Zoninq Division. Prior to issuance of the first Certificate of Occupancy, approved civil enaineerina as-built desiqn and architectural drawings shall be submitted to the Planning and Zoning Division. /GIs Manager) 31. Annually at the end of August, the Applicant, its successors, or assigns shall submit to the City a letter certifvinq the number of students who are enrolled for that particular school year. The elementary school shall have no more than 240 students enrolled for each school year. (Planning & Zoning, Code Enforcement, Development Compliance) 32. The build-out date for this development is December 31, 2007. (Planninq & Zoninq, Engineerinq, Development Compliance) Police 33. Prior to the issuance of the first Certificate of Occupancy for Phase 7 or any future phases, or any future renovations to existinq buildings, the Applicant shall comply with the followinq a. Liqhtinq shall not conflict with landscaping, including long-term tree growth. (Police Department) b. All linhtinq for streets, parking lots, and pedestrian walkways shall be metal halide. Metal halide liqhtinq shall be used for the multi-use pathways and sidewalks within the site and shall be lit at a minimum of 0.6-foot candles. (Police Department) c. Non-qlare buildina lightinq shall be installed around the entire buildinq perimeter and on pedestrian walkways. (Police Department) 8 Date Prepared: March 17,2006 Resolution 35,2006 1 d. Entry siqnage shall be lighted. (Police Department) 2 3 e. Timer clock or photocell liqhting shall be provided for nighttime use 4 above or near entwavs and all exits, includinq emergency exits. 5 {Police Department) 6 7 8 9 (Pol ice Department) 10 11 g. All structures shall use the followinq tarqet hardening techniques: 12 {Police Department) 13 14 /I ) Buildings shall be pre-wired for an alarm system. 15 16 (2) Doors shall be equipped with metal plates over the threshold of the 17 locking mechanism. 18 19 {3) Glass perimeter doors shall be equipped with case hardened quard 20 rinqs to protect the mortise lock cylinder. 21 22 {4) Solid doors without windows shall have 180-degree peephole 23 viewers. 24 25 26 removable hinqe pins. 27 28 29 30 Growth Management Department: 31 32 1. Master Plan MP-1 and Phasinq Plan P-I revised February 8, 2006, bv 33 34 35 36 Environment Design Group. 37 38 3. Exterior Elevations Sheets A4.1.1 and A4.1.2 dated Julv 12, 2005. and 39 40 41 42 43 44 45 46 f. Numerical addresses shall: (1) be unobstructed; (2) be illuminated for niqhttime visibilitv; and (3) have bi-directional visibility from the roadwav. {5) All perimeter doors shall be equipped with hinqes that utilize non- SECTION 4. Phase 7 of the Master Plan development shall be constructed in compliance with the following plans, as amended herein, and on file with the City’s Oliver, Glidden. Spina & Partners. Landscape Pian Piantinq Schedule Sheet 1/1 revised February 9, 2006, bv 2. received February 28, 2006 bv Song + Associates. Color renderings of east, north, west, south elevations received December 19,2005 bv Song + Associates. Overall Roof Pian Sheet A2.1 dated Auqust 9, 2004, bv Sonq + Associates. 4. 5. 9 Date Prepared: March 17,2006 Resolution 35, 2006 I 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 6. Electrical Site Linhtina Plan revised February 8, 2006, bv AGI Anston- Greenlees, Inc. 7. Boundary Survey dated August 16,2005, and received October 5,2005. Ordinance 15, 1998: 8. J*2?, 1? -1 -1 C%F+ ”” 2 1. (No longer applicable) e. Apt4 29, 1-g PlVR 5 P*:s, !-:. ?P. (No longer applicable) 8. April 29, 1998 Multi-Purpose building site plan, 0liver.Glidden & Partners, Architects & Planners Inc., Sheet SP-1. 9. February 23, 1998, Floor Plan & Elevations, 0liver.Glidden & Partners, Architects & Planners Inc., Sheet CA-1. IO. February 23, 1998, Multi-Purpose Building, 0liver.Glidden & Partners, Architects & Planners Inc., Sheet MP-1. 11. March 24, 1998 Building & Memorial Garden Landscape, 0iiver.Glidden & Partners, Architects & Planners Inc., Sheet LAI. SECTION 5. All future amendments to the Trinity United Methodist Church Master Site Plan Development shall be approved by Resolution. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 10 Date Prepared: March 17,2006 Resolution 35.2006 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 47 PASSED AND ADOPTED this day of ,2006. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR BARNETT --- COUNCILMEMBER JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- G:\attorney-share\RESOLUTlONS\trinity united methodist church phase 7 - reso 35 2006.doc 11 UI?I ted Methodist ChMvch of Palm Beach Ciardems October 11, 2004 Clergy Staff Clark Pickett Sentor Pastor 30hn Braden Associate Pastor Sr Adult Ministries trinity@trinitypbg.org Fax, 561 622 5467 Program staff Business Manager AI Puglisi Children's Ministries Wendy Robinson Director Debbie Gaylord Associate Michelle Jeffrey Childare Coovdinator Marketing 3ulia Dietrich Music B Worship Arts Fine Arts Academy Joel Cvans Director Margot Backman Associate Volunteers Paul Machtel &dh Ministries Albert Rossodivita High School, College, Young Adults I josh Rowel1 Middle School & Contemporary Worship Leadev Mr. Tala1 Benothman Division Director Planning & Zoning City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FI. 33410 RE: Trinity United Methodist Church Elementary School Addition Palm Beach Gardens, Florida Miscellaneous Petition , Dear Mr. Benothman: It was a pleasure meeting with you back in July 2004 to discuss Trinity United Methodist Church's proposal for adding an Elementary school to the existing church campus. We have enclosed nine (9) copies the following documents which make up our initial Miscellaneous Petition Submittal to the City of Palm Beach Gardens. A. Executed Application Statement B. Application Fee in The Amount of $1,500 C. Master Site Plan D. Conceptual Engineering Plan E. Overall First and Second Floor and Overall Roof Plans F. Phased Parking Space Analysis G . Photo m et ric/ Li g h t i n g PI a n H. Area Location Map I. Aerial Photograph 1. Landscape Plans K. Exterior Architectural Elevations L. Three Dimensional Color Perspective M. Authority N. Warranty Deed 0. Drainage Statement P. Traffic Statement Q. Certifkd Boundary Survey 9625 North Military Gail Palm Beach Ciardeos, FL 33410 561 622 5278 WWW.TRINlTYPBG.ORG Trinity UMC has designated Rick Warner, Warner Real Estate Advisors, Inc., as the agent for all comments and issues associated with this petition. Please feel free to contact Rick about any and all issues. Rick can be reached at 656-2021. Trinity UMC looks forward to a successful endeavor with the City of Palm Beach Gardens. A. Lee Watts 111, P.E. Vice Chairperson - Board of Trustees Trinity UMC of PBG ALW:alw Attachments cc: File w/ attach. AI Puglisi w/ attach. Rick Warner w/attach. I 1 inch equals 0.01 miles Prepared Ocl 7. 2001 Warner Real Estate Advisors, Inc. Entitlements, Planning, and Landscape Architecture 800 Village Square Crossing, Suite 111 Palm Beach Gardens, Florida 33410 Voice: 561-656-2021 Fax: 561656-2099 E-MAIL: WR EA IN C @,B e I I s o u t h . net Hand Delivered February 9,2006 Ms. Jackie Holloman Planning & Zoning Dept. City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FI. 33410 RE: TRINITY METHODIST CHURCH Miscellaneous Petition (MISC-04-36) Dear Jackie: It has been a pleasure working with you on the brining this newlexpanded Christian school to the City of Palm Beach Gardens. We have enclosed ten (10) copies the following documents which constitute our response to the Cities comments to our Miscellaneous Petition. This submittal should response to all the open items, specifically those received on Feb. 2, 2006. Enclosed are the following. A. Response to Petition Comments B. Revised Master Site Plan C. Revised Architecture Plans D. Elevations E. Revised Civil Engineering Plans F. Photometric Plan G. Revised Landscape Plans We look forward to completing the fmal building in this architecturally pleasing, well landscaped and successhl project. Sincerely Rick Warner Real Estate Advisors ,LC cc: File wl attach. Trinity Church Team. DRC Comments and Response February 10,2006 Certification Issues Comments 1 and 2 have been previously satisfied. 1. The applicant shall address the following inconsistencies in accordance with LDR Section 78-46: Comments 3a and 3b have been previously satisfied. a. Not Satisfied. The applicant shall show the Phase 7 Limits of Construction and 3 handicap parking spaces along the east boundary of Phase 7 Limits of Construction on the Master Plan (Mp-1) and Phasing Plan (P-1) for consistency with the Site Improvement Plans (C1.l - C4.1). Applicant Response: handicapped spaces have been dashed in since in the final phase of development they will be relocated. The plans have been revised to show the Phase 7 LL-nits of Construction. The b. Previously Satisfied. c. Not Satisfied. The applicant shall show the Phase 7 Limits of Construction on the Site Plan (AO.l) for consistency with the Site Improvement Plans (Cl.lX4.1). Please note that the Site Plan (AO.l) was not included in this submittal received December 21,2005. Applicant Response: The plans have been revised to show the Phase 7 Limits of Construction on Site Plan (AO.l), and the plan is included in this submission. a. The applicant shall address the following inconsistencies in accordance with LDR Section 78-46: a. Not Satisfied. The applicant shall label the width of the sidewaJk just west of the angled parking spaces on the Site Improvement Plans (C2.1) to be a minimum 5 feet wide in accordance with LDR Section 78-506. The applicant shall revise all 4-foot wide sidewalks shown on the Site Improvement Plans (C2.1) to a minimum 5 feet wide in accordance with LDR Section 78-506. The applicant shall also show the sidewalk dimensions on the Site Plan (AO.l); which was not included in this submittal received December 21,2005. Applicant Response: Per discussion with Judy Dye, the annotation has been revised to clarify that this is a concrete flume and not a sidewalk. The landscape and site plan have also been revised accordingly. Comments 4b and 4f have been previously satisfied or withdrawn. g. Not Satisfied. The applicant shall show, dimension and label the emergency access routes from Gardenia Avenue, to provide a 20-foot minimum inside and 45-foot minimum outside curb radii on the Site Plan (AO.l). The emergency access route curb radii have been identified on the Site Improvement Plans (C2.1). Applicant Response: The plans have been revised to dimension and label the emergency access routes from Gardenia Avenue. Comments 4h and 4k have been previously satisfied. b. Not Satisfied. The applicant shall show, label and dimension all existkg and proposed parking spaces within Phase 7 Limits of Construction on the Site Plan (AO.1) and Master Plan @4€-1) in accordance with Section 78-411 through 78-415 of the LDR. Please note that the Site Plan (AO.l) was not included in this submittal received December 21, 2005. The Master Plan shall be revised to dimension the 2 handicap parking spaces located at the southeast corner of Phase 7 and the three handicap parking spaces to be located at the east boundary of Phase 7 Limits of Construction (see comment #3c). Comments 5a and 5b have been previously satisfied. Comments 6 thru 23 have been previously satisfied or withdrawn. D: \ Files \Trinity\ Feb-Submittal-Triniiy.doc 2of 6 DRC Comments and Response February 10,2006 I 24. Not Satisfied. The applicant shall revise the Electrical Site Lighting Plan as follows in accordance with LDR Section 78-182: a. The applicant shall provide minimum 0.6 foot candles in general parking spaces. b. The applicant shall provide minimum 0.6 foot candles in pedestrian areas (sidewalks). c. The applicant shall provide minimum 1.0 foot candles in vehicle use areas (drive aisle). d. The applicant shall expand the foot candle values to include all of Phase 7 Limits of Construction and all proposed pavement. See Site Improvement Plans (C2.1). The applicant shall identie existing vs. proposed hght fixtures and foot candle values. e. The applicant shall identify the height for existing and proposed hght fixtures not to exceed 25 feet in height when located in vehicle use areas, and not to exceed 12 feet in height when located in pedestrian use areas. Applicant Response: The Photometric plan has been completed and the civil, landscaping and architecture plans revised accordingly. Comments 25 through 27 have been previously satisfied or withdrawn. 28. Satisfied. The applicant has shown all proposed light fixtures on the landscape plan consistent with the Electrical Site Lighting Plan received December 21,2005 and in accordance with Section 78-306 of the LDR 29. Comment Withdrawn. 3 of 6 DRC Comments and Response February 10,2006 Certification Issues -- Ross Gilmore. Foresttv Technician 1. In accordance with Section 78-306 of the LDR, all existing and proposed utilities, easements, and light fixtures shall be shown on the landscape plan. The location of the proposed local utility pad mounted transformer needs shown on the landscape plan along with proper screening. Location of proposed sanitation line on east side of gymnasium needs adjusted to prevent conflicts with planned planting of Live oak trees. Satisfied. 2. In accordance with Section 78-305 of the LDR, the surrounding landscaping within 50 feet of the property shall be shown on the vegetation plan. Landscape plan needs to include existing and proposed building and landscaping for the entire property. Open space requirements needs to be clearly delineated and calculated for the entire property. Withdrawn. 3. In accordance with Section 78-329 of the LDR, verbiage needs to be added to the landscape plan stating “Irrigation to provide a minimum of 100 percent coverage. Irrigation systems shall be designed and installed in accordance with the Florida Irrigation Society Standards and Specifications for Turf and Landscape Irrigation Systems. Satisfied. 4. In accordance with Section 78-330 of the LDR, existing trees root systems shall be protected during construction by the installation of barricades acceptable to the City Forester. Satisfied. 5. In accordance with Section 78-315 of the LDR, landscape islands need to be installed every nine parking spaces. Wheel stops need to be installed to avoid encroachments into landscape areas. Satisfied. 6. In accordance with Section 78-182 of the LDR, spacing of palms planted on the west side of the gymnasium needs to be adjusted as to not obstruct wall-mounted lights. Not Satisfied. The locations of exterior building light fixtures shown on the landscape plan do not match locations shown on the photomettic plan. Prior to the scheduling of City Council, the applicant shall revise the photomettic plan to match the lighting locations shown on the landscape plan. Applicant Response: The landscaping plans have been adjusted to not obstruct wall-mounted lights as well as the other site lighting fuctures. D: \Files\Trinity\ Feb-Submittal-Trinity.doc 4of 6 DRC Comments and Response February 10,2006 BallenIsles Questions 1. Possible noises emanating from the playgrounds and athletic fields, as well from inside the gymnasium/school. Any soundproofing planned? Applicant Response: The building is totally enclosed with concrete block and a limited number of windows. The building will principally be used during the school day, with few activities after 5:OO PM. No special sound proofing is planned. 2. Hours of operation-any evening or night use of school and gym. Applicant Response: No evening or night use is planned. There will be occasional evening use for graduation etc. 3. Any lighting that may spill over into the residential areas. Applicant Response: The site lighting will adhere to the city regulations regarding spill over to residential areas, and will be limited to the Phase 7 improvements only. The Palm Beach Gardens Code says not more than 0.5 foot candle light trespass (or spill over) at the property line. We have a maximum of 0.2 at the south property line, which isn't much at all, so we are ok per code. By the way the 0.2 only occurs in a small area and the rest of the southern property line is at 0.0. 0.2 foot candles would be considered a dark room, not much light at all. 4. Strongly concerned about traffic impact. Do NOT want cars lined up and waiting on Gardenia Way to drop off kids or pick up kids. Applicant Response: We don't either. This will be an operations issue mainly. The school will have appropriate traffic guards as most schools do. In addition, 25% of the families will have car pools, 15% will park cars and not drop off / pick up students and the drop off area can store, based on our calculations, in excess of 25 cars. 5. Concerned there is no nght-turn lane off Military Trail onto Gardenia. Applicant Response: There is a right turn off Military Trail onto Gardenia. 6. Applicant Response: Children will not cross street, they will be picked up in drop off / pick up area. Worried about children crossing the street to go to waiting cars. 7. Questioned number of students. Had heard there may be considerably more than the 240 approved with the original traffic study. Applicant Response: We have not changed the number of students as originally approved in 1991 and the school will be limited to 240 students. 8. Applicant Response: There will be 12 home class room (240 total students / 20 student per room = 12. In addition there will be a media, musician, conference, mechanical equipment, bathrooms etc, Questioned the number of classrooms. 9. How wiU the existing Sanctuary be used in the future after the new Sanctuary is built. (Of course, this is not part of this Phase 7) D: \Files\T&ity\Feb-Submittal-Ttinity.doc 5 of 6 DRC Comments and Response February 10,2006 Applicant Response: The New Sanctuary (North) side will not be built, church membership has declined and we are expecting to continue use of the exiting Sanctuary. 10. Is any additional signage proposed on Wtary Trail or elsewhere on ? I showed them the one sign proposed at the entrance to the school site off Gardenia. Applicant Response: None 11. How is the Fellowship Hall used now and in the future. Applicant Response: Fellowship Hall is used for special events such as Christmas Program and on Wednesday night for a dinner. It is used on Sunday morning as part of the day care program during church. There are no other plans to increase the use of Fellowship Hall at this time. 12. No loud speakers outside or noisy sports events. Are any bleachers planned in the future? Applicant Response: No, we do not have any athletic fields planed or proposed. There will be no bleachers, field light etc. 13. Noted that the traffic does not specifically address Sunday traffic-only peak hour weekdays. Applicant Response: Traffic Studies are routinely conducted for when there is most traffic. Sunday traffic counts are low. 14. New Sanctuary alternative Use As stated previously, the church is not planning on building the new Sanctuary on the north side of Gardenia. The church has no delinite plans for what it will do with the land. At the time the church does decide, any change will need to be reviewed by the city pursuant to their regulations, which include the notification of the adjacent neighbors, new traffic study etc. 6 of 6 CONSULTING CIVIL ENGINEERS. SURVEYORS & MAPPERS CIVIL AGRICULTURAL YTER RESOURCES WA’I cK & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS “Partners For Results Value By Design” 3550 S.W. Corporate Pkwy. j Palm City, FL 34990 (772) 286-3883 Fax (772) 286-3925 www.1bfh.com MEMORANDUM TO: Jackie Hollonian FROM: Judy A. T. Dye DATE: February 20,2006 FILE NO. 04-4377 SUBJECT: Trinity Methodist Church Miscellaneous Petition (MISC-04-36) We have reviewed the following plans and information for the above-referenced project received on February 10,2006: Response to LBFH comment memorandum (dated February 2, 2006) prepared by Warner Real Estate Advisors, Inc. Master Plan (sheet MP- 1) prepared by Oliver Glidden Spina & Partners Architecture, Interior Design, Inc. Phasing Plan (sheet P- I) prepared by Oliver Glidden Spina & Partners Architecture, Interior Design, Inc. Overall Site Plan (sheet AO. 1) prepared by Song and Associates. Electrical Site Lighting Plan (sheet E 1.2) prepared by Anston-Greenlees, Inc. Planting and Vegetation Action Plan (sheet 1/1) prepared by Environment Design Group. Site Improvement Plans (sheets CO.0, C1.l, C2.1, C3.1, C4.1, C5.1, C5.2, C6.1, C7.1, C7.2) prepared by Civil Design, Inc. Electronic Correspondence prepared by Civil Design, Inc. We have the following comments: The applicant shall provide a written response to all comments, indicating how each comment has been addressed. Certification Issues Comments 1 and 2 have been previously satisfied. 3. Satisfied. The applicant has addressed the following inconsistencies in accordance with LDR Section 78-46: Comments 3a and 3b have been previously satisfied. c. Satisfied. The applicant has shown the Phase 7 Limits of Construction and 3 handicap parking spaces along the east boundary of Phase 7 Limits of Construction on the Master Plan (MP-1) and Phasing Plan (P-1) consistently with the Site Improvement Plans (C 1.1 - C4.1). d. Previously Satisfied. C:\Documents and Settings\jholloman\local Settings\Temporary Internet Files\OLK28\4377z.doc Trinity Methodist Church LBFH File No. 04-4377 Page 2 of 5 e. Satisfied. The applicant has shown the Phase 7 Limits of Construction on the Site Plan (AO. 1) consistently with the Site Improvement Plans (Cl. 1-C4.1). 4. Satisfied. The applicant shall address the following inconsistencies in accordance with LDR Section 78-46: a. Satisfied. The applicant has labeled the width of the sidewalk just west of the angled parking spaces on the Site Improvement Plans (C2.1) to be a minimum 5 feet wide in accordance with LDR Section 78-506. The applicant revised all 4- foot wide sidewalks shown on the Site Improvement Plans (C2.1) to a minimum 5 feet wide in accordance with LDR Section 78-506. The applicant showed the sidewalk dimensions on the Site Plan (AO.l) consistent with the Site Improvement Plans. Comments 4b and 4f have been previously satisfied or withdrawn. g. Satisfied. The applicant has shown, dimensioned and labeled the emergency access routes from Gardenia Avenue, to provide a 20-foot minimum inside and 45-foot minimum outside curb radii on the Site Plan (AO.1) and the Site Improvement Plans (C2.1). Comments 4h and 4k have been previously satisfied. 5. Satisfied. The applicant has shown, labeled and dimensioned all existing and proposed parking spaces (including grass parking) within Phase 7 Limits of Construction on the Site Plan (AO.l) and Master Plan (MP-1) in accordance with Section 78-411 through 78-415 of the LDR. The Master Plan has been revised to dimension the 2 handicap parking spaces located at the southeast comer of the proposed classrooms in Phase 7 and the three handicap parking spaces to be located at the east boundary of Phase 7 Limits of Construction (see comment #3c). Comments 5a and 5b have been previously satisfied. Comments 6 thru 23 have been previously satisfied or withdrawn. 24. Satisfied. The applicant shall revise the Electrical Site Lighting Plan as follows in accordance with LDR Section 78- 182: a. Satisfied. The applicant has provided a minimum 0.6 foot candles in general parking spaces. b. Satisfied. The applicant has provided a minimum 0.6 foot candles in pedestrian areas sidewalks). c. Satisfied. The applicant has provided a minimum 1.0 foot candles in vehicle use areas (drive aisle). d. Satisfied. The applicant has expanded the foot candle values to include all of Phase 7 Limits of Construction and all proposed pavement on the electrical site CADocuments and Settings\jholloman\local Settings\Temporary Internet Files\OLK28\4377z.doc Trinity Methodist Church LBFH File No. 04-4377 Page 3 of 5 lighting plan sheet E1.2. The applicant has labeled existing vs. proposed light fixtures and foot candle values. e. Satisfied. The applicant has identified the height for existing and proposed light fixtures not to exceed 25 feet in height when located in vehicle use areas, and not to exceed 12 feet in height when located in pedestrian use areas. Comments 25 through 27 have been previously satisfied or withdrawn. 28. Previously Satisfied. The applicant has shown all proposed light fixtures on the landscape plan consistent with the Electrical Site Lighting Plan received December 21, 2005 and in accordance with Section 78-306 of the LDR. 29. Comment Withdrawn. Conditions of Approval We recommend the following condition of approval: 30. “Prior to the issuance of the first land alteration permit, the applicant shall provide a construction plan for review and approval. All plans and support documentation, submitted by the applicant for review by the City Engineer, shall be signed and sealed by a professional engineer licensed in the State of Florida, in accordance with Section 78-448 of the LDR. ” (City Engineer) 3 1, “Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide a drainage plan along with suYface water management calculations and hydraulic pipe calculations for the existing drainage and Phase 7 for City review and approval. The drainage plan and calculations shall be signed and sealed by a professional engineer licensed in the State of Florida.” (City Engineer) 32. “Prior to construction plan approval and issuance of the first land alteration permit, the applicant shall provide a letter of authorization from the utility companies (easement holders) allowing landscaping within their respective existing and/or proposed easements. ” (City Engineer) 33. Comment Withdrawn. Please see Non-Certification Issues comment #57 34. Comment Withdrawn. Please see Non-Certification Issues comment #58. 35. “All land areas within the project, as shown on the Master Plan, shall have completed the installation of on-site and offite infrastructure and landscaping prior to the build out date of December 31, 2007. ” (City Engineer) 36. “The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. ” (City Engineer) 3 7. “Applicant shall copy to the City all permit applications, permits, certijkations and approvals. ” (City Engineer) C:\Documents and Settings‘jholloman\Local SettingATemporary Internet Files\OLK28\4377z.doc Trinity Methodist Church LBFH File No. 04-4377 Page 4 of 5 38. “The applicant shall comply with all Federal Environmental Protection Agency (EPA) and State of Florida Department of Environmental Protection (FDEP) National Pollution Discharge Elimination System (NPDES) permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identijkation of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination. ” (City Engineer) 39. “The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. rf: at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. ” (City Engineer) 40. Condition Withdrawn. 41. “No construction of any portion of the Surface Water Management System shall be undertaken without first submitting to the City plans, spec fications and supporting calculation for review and approval by the City. ” (City Engineer) 42. “The applicant shall submit any/all build out date extensions to the City of Palm Beach Gardens for review and approval. ” (City Engineer) 43. “The applicant shall submit an updated traffic analysis or traffic equivalency report to Palm Beach County TrafJlc Division and the Ciw of Palm Beach Gardens for a coordinated review and approval, prior to any future amendments that increase the originally approved building area. The tra@c equivalency report shall utilize actual tra@c counts generated at the time of the amendment and during the peak season if the amendment is submitted off-season. If requested by the City, the analysis shall include an updated traffic management plan. ” (City Engineer) 44. “Prior to the issuance of thefirst land alteration permit, the applicant shall schedule a pre-permit meeting with City staff: ” (City Engineer) Non-Cer tifica tio n Issues NOTE: All engineeringh frastructure plans are considered conceptual during the planning and zoning review phase and are subject to further review during the final construction review. These non-certification comments shall be satisfied prior to construction plan approval and the issuance of the first land alteration permit. 45. Conditionally Satisfied. Note #4 under Site Data, on the Master Plan (MP-I) regarding handicap parking stalls indicates 25 paved handicap spaces, 16 spaces on the north site and 9 spaces on the south site. The stalls in Phase 7 on the south site have been revised for accessibility, as required by ADA. The north site shall be addressed when those phases are reviewed. C:\Documents and Settings\jholloman\local Settings\Temporary Internet Files\OLK28\4377z.doc Trinity Methodist Church LBFH File No. 04-4377 Page 5 of 5 46. Comment Withdrawn. See comment #3c. 47. Conditionally Satisfied. The applicant has revised note #3 under Phasing Notes, on the Phasing Plan (P-1) to read, “Prior to the completion of the new sanctuary all parking spaces shown to be paved on the phasing plan in phases 2A, 2B, 6B & 9A will be paved.” to indicate that the above referenced handicap stalls and the drive aisles accessing them in the north site shall also be paved, prior to completion of the new sanctuary. The handicap stalls located in phase 11 have been revised to indicate paved spaces however accessibility to the spaces has not been addressed in this phase. Accessibility shall be addressed prior to approval of the new sanctuary. Comments #48 through #51 have been previously satisfied or withdrawn. 52. Not Satisfied. The applicant shall provide hydraulic drainage (including exfiltration trench) and pipe size calculations, for review at the time of construction plan submittal. Comments #53 and #56 have been previously satisfied. 57. Not Satisfied. Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide a cost estimate for Phase 7 of the project, including public infrastructure and all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the state of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City, prior to the issuance of the first land alteration permit. 58. Not Satisfied. Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide a cost estimate for the on-site project improvements for Phase 7, not including public infrastructure, landscaping and irrigation costs for review and approval by the City. The cost estimate shall be signed and sealed by an engineer and shall be posted with the City prior to the issuance of the first land alteration permit. We have no additional engineering concerns prior to scheduling this petition for public hearings. Outstanding Non-Certification issues shall be addressed during construction plan review. JATD/ cc: Tala1 Benothman - PBG (tbenothman@,pbgfl.com) Ed Oliver - Oliver, Glidden, Spina (-) Rick Warner - Warner Real Estate Advisors, Inc. (wrea inc@,bellsouth.net) Jeff Trompeter - Civil Design, Xnc. (jtrompeter@,civil-desim.com) C:\Documents and Settings\jholloman\Local Settings\Temporary Internet Files\OLK28\4377z.doc 4 January 14, 1992 February 6, 1992 ORDINANCE 2, 1992 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ZONING LANDS OF THE TRINITY METHODIST CHURCH DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AS RS-3, SINGLE-FAMILY RESIDENTIAL DISTRICT, AND SIMULTANEOUSLY CREATING A CONDITIONAL USE FOR CHURCH PURPOSES THEREON; AND SETTING FORTH REQUIREMENTS FOR FUTURE DEVELOPMENT OF THE VACANT LANDS ON SAID SITE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. All of the lands of the Trinity Methodist Church, comprising approximately nineteen (19) acres, and more particularly described in Exhibit #'Aff attached hereto, shall be and are hereby zoned as RS-3, Single-Family Residential District. The conditional use of a church together with all related church uses including an elementary school under church auspices as permitted under the Palm Beach Gardens Code on said lands is hereby approved. Section 2. The entire church site shall be developed in accordance with the Conceptual Master Plan and Landscape Plan prepared by Oliver, Glidden L Partners Architects and Planners, Inc., dated November 9, 1991 and revised November 18, 1991, marked Sheet A-1, and the Conceptual Phasing Plan by Oliver, Glidden & Partners Architects and Planners, Inc. marked Sheet A- 1P and the Building/Landscape Section marked Sheet A-2 dated October 22, 1991 and revised November 18, 1991, prepared by the Same architects together with the following conditions: .' 1. No land clearing shall be permitted until a Building 2. No land clearing shall be permitted until the required Permit is issued. Florida Fresh Water Fish and Game Commission Permits are approved, All trees to be saved during any phase of site development shall be protected as per Section 153.50, Tree Protection, of the Palm Beach Gardens Code of Ordinances. 3. 4. Prior to land clearing of any kind, all trees and vegetation to be saved shall be tagged and mapped for 1 ord2. 92 5. 6. 7. a. 9. 10. location, specie and size. This map shall be submitted to the City for review by the City Forester. The City Forester shall inspect and approve all completed work only after the Landscape Architect of record has documented, in writing, that the work has been performed per the site plan approval. If a protected tree dies during construction or because of construction practices, it shall be replaced with the like at a replacement schedule as follows: For every one (1) inch caliper lost, three (3) inches of new caliper shall be required. The minimum caliper of a tree shall be three inches. If the City finds that maintenance of the grass parking area is in disrepair or poor appearance, the City shall notify the property owner in writing that within thirty (30) days of said notice the deficiencies shall be rectified. Should the deficiencies not be corrected within said thirty (30) days, the City may require the parking area to be totally paved to City standards within one hundred fifty (150) days upon written notification. Final site plan approval shall be required by the City prior to construction of any phase of development. Construction shall follow the phasing plan. Any modifications to the phasing plan shall be approved by the city Manager, in writing, prior to any building or land clearing. All green areas shall be fully irrigated (including the grass parking spaces). Incorporating conditions and agreements contained in the letter dated February 4, 1992 to Bristol Ellington from Oliver Glidden & Partners on behalf of Trinity United Methodist Church and the letter dated February 6, 1992 from Hanson Properties to Anthony E. Oliver. Section 3. The City shall reflect the applicable zoning change on the official zoning map of the city by coloring or hatching thereon. Section 4. All Ordinances and Resolutions or parts thereof in conflict herewith are hereby repealed. Section 5. This Ordinance shall be effective upon date of passage. PLACED ON FIRST READING THIS 16TH DAY OF JANUARY, 1992. PLACED ON SECOND READING THIS ?'DAY OF FEBRUARY, 1992. 0 DAY OF I , 1992. ..__ .- ... , <- :-. . I. -L -. - MAYOR MARTIN0 COUNCILWOMAN MONROE 2 ord2.92 VICE MAYOR ALDRED ATTEST : L9 /- -// .& .)', /T'w-/4 L /YL LINDA v. KOSIER, CITY CLERK CO~CILMAN RUSSO L NAY ABSENT - AYE - VOTE : MAYOR MARTIN0 J - -- VICE MAYOR ALDRED J-- COUNCILWOMAN MONROE __ d. COUNCILMAN RUSSO 1 - COUNCILMAN KISELEWSKI J __ __ - 3 ord2.92 Oliver. Glldden & Partners Architects & Plannew. Inc. 4401 Forum my. Suite 100 Wesl klm Beach. Florida 33601 u (407) 6844847. Fkx (407) 6846890 February 4, 1992 ord2.92 1 of 2 Mr. Bristol Ellington City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: Trinity United Methodist Church Palm Beach Gardens, FL tiob No. 90098 Dear Bristol: Thank you for your letter of January 30, 1992. We appreciate your clarification stipulating that there is no requirement for completion of construction in order to match a phasing schedule - other than the repirement to achieve build out by the year 2000. - -~ In further review of the requirement for projects which receive conditional use approval to commence construction within 12 months of the effective date of the approval, we offer the following items for your consideration: A. The application filed with the City was for an expansion of an exieting conditional use on the southern 10 acres of our property to include the additional 10 acres to the north of the existing property. We would contend that the existing use of the Church satisfies the intent of this portion of the Conditional Use Ordinance requiring construction to commence and, therefore, that this requirement of the Conditional Use approval should be satisfied due to the existing facilities on the south campus for Trinity. Simply stated, we have been operating as a Church in the City for approximately 30 years. 8. The phasing plan Sheet A-1P indicates that Phase 1 of the new construction is the improvement of the athletic field. A building permit was issued on December 10, 1991 for that work (Building Permit No. 14779) and we feel that this construction would additionally satisfy the intent of the code relative to the time frame for construction under Conditional Use Approval. member of the amerlcan lnstltute of archltects ~ __I_ I I Mr. Bristol Ellington February 4, 1992 Page 2 ord2.92 2 of 2 4 We, therefore, respectfully requeet written confirmation that there will not be a time constraint on additional construction that would affect any of our approval rights or vesting of those rights under the zoning and master plan approvals which we are seeking. We would, therefore, ask fox written confirmation of our request for a waiver of Section 159,06O(B) of the City Zoning Code. We would also offer fn con8ideration of thie request that the petitioner is unique in the services which it provides and that those community services are of benefit to the City and we would respectfully request your consideration of our request. Trusting this will be satiefactory for your purposes. Very truly yours, Anthony E. bliver, AIA Principal AEOrnml/trin.waiver cci Bill Brant Jack Hanson Dr. Hugh Lake Nick Barre Kurt Cooper I ord2.92 1 of 5 ! LJ u I M3 Balledsles Drive, Palb Beach Gardens, FL 33418 (407) 627-3372 Fax: (407) 627-3659 ! i 1 February 6,'1992 I Mr. Anthond E. Oliver, ALA Oliver, Glydden ti Partners Architects I& Planners, Inc. 1401 Forum ay, Suite 100 West Palm each, Florida 33401 Re: Trini y United Methodist Church Palm each Gardens, Florida Dear Mr. 0 iver, I have revi wed your attached letter dated February 6,1992, to the Palm Beach Gardens City Planner Bristol Ellington, concerning the with the c ntents of the letter. If you hav any questions, please contact our office. Sincerely, I e 4 1 4 i Trinity Uni 1 ed Methodist Church. Kansen Properties is in agreement I I i I I I i I I I 1 j ! I I ! I I i I ! f-\ Oliver Glldden 81 Partners Archlledr (r Honnerr. Im. 140i Forum My, Sulle 100 Wed Fulm Beach. Florlda 33401 (407) 6844841 FAX (407) 4844090 February 6, 1992 Bristol Ellington City Planner City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 U ord2.92 2 of 5 RE: Trinity United Methodist Church Palm Beach Gardene, FL Project No. 90098 Dear Bristolr We had tlie opportunity to meet today with Nader Salour, a senior vice president with Hansen Properties, to further discuss Trinity's master plan for both the existing 8.89 acres as well as the proposed 9.93 acre parcel north of Gardenia Drive. There were a number of items that we felt would be appropriate to include in this letter and with our application. They are as follows : It is possible that Trinity's plans for development on the north side of Gardenia Drive might occur before BallenIsles is ready to make improvements to Gardenia Drive. In that event, Trinity understands that it would have the option of either: (A) redirecting the traffic away from Gardenia (and from ita current driveway as shown on the master plan) to the north and south entrances along Military Trail (as shown on the master plan) or (B) to agree to construct two lanes of Gardenia from Military Trail west to the 'textuxed# crossing area indicated on the master plan or (C) utilize the existing drive. In the event that Trinity elects to proceed (at its cost) with option (B), we agree to coordinate the location of those lanes 80 that they will be compatible with BallenIsles' design for the roadway improvements within Gardenia Drive. Ballenlales does not want to be in a position of needing to improve. Gardenia Drive and close one of our major points of access a13 this may create a point of conflict between them and our church members. 1. member of the americon Institute of archltects W Bristol Ellington February 6, 1992 Page 2 We also understand that major utility lines will be installed by BallenIeles within the Gardenfa Drive right-of-way for future improvements within Ballen Isles. We agree that any utility crossings of Gardenia Drive by Trinity will be coordinated between our engineers and theirs to avoid or minimize future conflicts. 2. We have provided Kr. Salour a copy of the most current master plan (Sheet A-1, dated 9/5/91 and revised ll/lI3/91). Points of interest to them were the landscape treatments along our northern, western and southern boundaries. Our master plan is conceptual in nature and both parties understand that complete and full submittals will need to be provided to the City for Site Plan Review approval prior to commencement of any development - including landscape plans. However, Note "J" on the master plan provides information relevant to the tree planting patterns that Trinity agreed to provide in those landscape strips. We have further agreed that along our northern property line that the continuous hedge will be three feet at installation and will be allowed to grow and be maintained at a height of six feet. Our approval with the City requires that all landscaped areas be fully irrigated-including the non-paved parking spaces a13 shown on the master plan. 3. Tfinity believes that there are advantages to the on-site and off-site traffic circulation patterns to having a western , driveway (as shown on our master plan) connecting both the south and north parcels. We also understand the importance of not having an area of traffic congestion at the BallenIsles gatehouse. It would appear that a 'conceptual' location of a gatehouse (the eastern face of which would be located approximately 60' west of our proposed driveway) would allow for some stacking distance for traffic entering BallanIsles while still allowing traffic from the church to cross from the south parcel to the north parcel. In the event that traffic congestion becomes a problem and if there ate conflicts created at this particular intersection, Trinity and BallenIsles agree to a review by the City engineer relative to this particular intersection and connecting driveway. Trinity understand8 that BallenIsles has the right to contact the City engineer and request a detailed review of this particular intersection. Both partie8 understand this review would include input by the engineer for BallenIsles as well as Trinity and that they agree to abide by the decLsion of the city engineer and as approved by the City Council. ord2.92 3 of 5 Br is to 1 El Lington February 6, 1992 Page 3 ord2.92 4 of 5 U Both BallenIsles and Trinity understand that as good neighbors it is necessary to have both an on-site and a public traffic circulation plan that minimizes traffic conflicts. Trinity would prefer to have the westermost connecting driveway (which joins both the north and south parcels) available for cross traffic for its members. Both Trinity and Ballen Isles agree that before final construction drawings for this area (of Gardenia Drive) are presented to the City by either party that they will meet to further discuss both parties interests. Some items which have been discussed would bet (A) consideration for limiting access at the crossover points; (B) lhiting the days and hours of use of the crossover roadf (C) consideration for still allowing right turn out and right turn in at those points of access, but not cross traffic; (D) consideration €or closing the median; (E) other options would be revlewed as required. Due’ to the diversity of use and the different hour8 of use, it would be reasonable to assume that any limiting of crossover traffic would be limited to specific hours and days so as to avoid conflicts with BallenIsles, but still would offer flexibility of traffic access for Trinity. Trinity currently has parking ushers to help guide and direct the parking of its members onto the site and intends to continue to do so in order to facilitate parking and to assist in the pedestrian . flow of its members across Gardenia Drive and agrees to continue this practice. 4. In the event that Trinity elects to provide decorative pavers across Gardenia Drive, it will seek approval of the color from BallenIsles. 5. Both parties agree that coordination of siqnage along Military Trail ie important and to that extent, Trinity agrees to limit its main siqnage locations on Military Trail as follows: a) the main sign for the south parcel would be aligned on the east/west axis of the existing sanctuary. The main sign on the north parcel would be located no further south than the center line of the courtyard referred to as Phase 4 of the phasing plan. 6. Trinity understands BallenIslee has the right to landscape the Gardenia Drive right-of-way. W Briatol Ellington February 6, 1992 Page 4 ord2.92 5 of 5 Although most of these items have been previouely diecueaed with staff we think that clarification of those items as noted herein ehould be included in the file. Very truly yours, Prim ipal cvattrinity.ltr cc: Dr. Hugh Lake Nick Barre Kurt Cooper Nader Salour ' David Getz, City Engineer I Kurt D. Cooper, P.E. ABeociate, Hutcheon Engineers Agent for Applicant i January 19, 1993 RESOLUTION 6, 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 2, 1992 WHICH PROVIDES, AMONG OTHER THINGS, AN APPROVAL OF A CONDITIONAL USE ON ALL THE LANDS DESCRIBE0 THEREIN, TOGETHER WITH A MASTER SITE PLAN, SAID AMENDMENT PERTAINING TO VESTMENT OF SAID CONDITIONAL USE, AND PROVIDING FOR REDUCTION IN AREA OF STORAGE BUILDINGS IN ACCORDANCE WITH AN AMENDED SITE PLAN WHICH IS ON FILE IN THE PLANNING AND ZONING DEPARTMENT; AND FINDING THAT SAID AMENDMENTS ARE MINOR IN NATURE; AND PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR ORDINANCES, OR PARTS THEREOF IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Ordinance 2, 1992 which created among other things a conditional use upon all of the lands described in said Ordinance and provided for approval of a master site plan, is hereby amended to approve the closing in of the carport on the existing house used by the church custodian for storage purposes; and further, reflects a reduction in the area of the storage buildings shown thereon all in accordance with the amended site plan on file in the City Planning and Zoning Department as follows: 1. January 18, 1993 Revised Conceptual Master Plan and Landscape Plan prepared by Oliver Glidden and Partners. Sheet A-1. Section 2. The City council finds as a matter of fact that the issuance of the building permit for enclosure of a carport described above meets the requirements for vestment of the conditional use. Section 3. The City Council further finds that the amendments contained herein are minor in nature and do not require the intervention of the Planning and Zoning Commission OK publicized notice of hearing. Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 5. This Resolution shall be effective upon date of 1 res6.93 passage. INTRODUCED, PASSED AND ADOPTED THIS 21st DAY OF JANUARY, 1993. MICHAEL MARTINO, MAYOR ATTEST : (J- i,/& 2 :/.GL..c. EfNDA V. KOSIER, CITY CLERK VOTE : AYE __ NAY ABSENT MAYOR MARTINO VICE MAYOR RUSSO - - -~ - -- COUNCILWOMAN MONROE __ -- COUNCILMAN JABLIN - - COUNCILWOMAN FURTADO ~ -- 2 res6.93 RESOLUTION 143 , 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A SITE PLAN APPROVAL TO TRINITY UNITED METHODIST CHURCH, AS APPROVED BY ORDINANCE 2, 1992, AND SUBSEQUENTLY AMENDED BY RESOLUTION 6, 1993, FOR SITE PLAN APPROVAL TO CONSTRUCT A PORTION OF THE PARKING AREA AND A CHANGE TO THE PHASING PLAN; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a minor amendment to the TRINITY UNITED METHODIST CHURCH PUD, approved by Ordinance 2, 1992, and subsequently amended by Resolution 6, 1993, to construct a portion of the parking area approved by Ordinance 2, 1992, and approving a change to the phasing plan. Section 2. Said amendment shall be in conformance with the plans on file with the City's Planning and Zoning Department, as follows : September 27, 1994 Partial Landscape Plan prepared by Environment Design Group. 1 Sheet. September 27, 1994 Section llA1t-llA1l North Buffer Plan prepared by Environment Design Group. 1 Sheet. August 22, 1994 Partial Site Plan prepared by Oliver Glidden & partners. 1 Sheet. August 22, 1994 Site Plan Phasing Plan prepared by Oliver Glidden & Partners. 1 Sheet. September 19, 1994 Conceptual Drainage Plan prepared by Hutcheon Engineers. 1 Sheet. Section 3. The petitioner shall comply with the following conditions of approval: 1. Prior to the petition's approval, the plans will be revised to show wheel stops or curbing per code. i 1 i 2. 3. 4. 5. 6. 7. Phase 2A and 28 shall be considered temporary, and at the time of further site plan review, areas within these phases may be reevaluated and amended to be consistent with the approved Master Plan. Areas that have been allowed to have vegetation or ground cover removed pursuant to the approved site plan, and subsequently abandoned for any reason for more than three months, shall be seeded with a ground cover or grass immediately upon request by the City, or the City shall have the work done at the owner's expense. Prior to clearing or construction, trees or native areas designated for preservation shall be tagged or roped-off. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 153.20 shall also be enforced during construction. All tree protection and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, all landscaping work, and any work that affects the outcome of the approved landscape plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. All trees or plants designed for preservation that die during construction or because of construction practices shall replaced using the following schedule: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced with like specie. The minimum replacement tree shall be three inches in diameter. Palms shall be replaced with like specie one for one with a minimum 10' height. Shrubs shall be replaced with like specie one for one with a minimum 30" height. If the site cannot support the total number of replacement trees as required above, City Council may permit the developer to donate excess trees to the City for planting on public lands. Prior to the use of the parking area the Landscape Architect of record shall certify in writing to the City that the landscaping has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the City Council. Once the city has the certified letter from the Landscape Architect, the City Forester shall inspect the site for 1 i 1 3 8. 9. 10. compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. All applicable conditions from Ordinance 2, 1992, and Resolution 6, 1993, shall apply to Phases 2A and 2B. Permits from NPBWCO and SFWMD regarding stormwater outfall shall be submitted to the City and approved by the city Engineer prior to approval of the final construction plans. Prior to approval of final construction plans, stormwater retention calculations shall be submitted to the city and approved by the City Engineer. Section 4. This Resolution shall become effective upon date of approval. u m-$4Q INTRODUCED, PASSED AND ADOPTED THIS MXIAY OF -, 1994. _I /,’, . .) . i- MAYOR DAVID W. CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. .. -- .I .,- . I: ~ ~ . I ,f, L , ., CITY ATTORNEY. x. i , ORDJNANCE 15,1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AMENDMENTS TO ORDINANCE 2,1992, IN ORDER TO AMEND THE SITE PLAN AND CONDITIONAL USE FOR A RELIGIOUS FACILITY FOR TRINITY UNITED METHODIST CHURCH LOCATED AT 9625 NORTH MILITARY TRAIL BY MODIFYING THE SHAPE OF A DRIVEWAY, BY DELETING A SINGLE STORY BUILDING, AND BY ADDING A MEMORIAL GARDEN, A MULTI- PURPOSE BUILDING AND A MAIN SIGN; IN ORDER TO AMEND THE CONDITIONAL USE APPROVAL BY MODIFYING THE PHASING PLAN, AND BY GRANTJNG A 7-YEAR- TIME EXTENSION; PROVIDING FOR RATIFICATION OF RESOLUTION 6, 1993 AND RESOLUTION 143, 1994 IN ORDER TO AMEND TI-FE CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance 2, 1992, approving rezoning, a conditional use, and the site plan for Trinity United Methodist Church, located at 9625 North Military Trail; WHEREAS, the City Council adopted Resolution 6, 1993 and Resolution 143, 1994 with the intention of amending Ordinance 2, 1992, by amending the site plan; WHEREAS, the City’s Growth Management Department has received and reviewed an application from Trinity United Methodist Church to amend Ordinance 2, 1992 in order to amend the site plan by modifying the shape of the driveway adjacent to the Chapel, by deleting a single story building, and by adding a memorial garden, a multi purpose building, and a main sign; WHEREAS, the application also seeks to amend Ordinance 2, 1992, in order to amend the conditional use by modifying the phasing plan, and by granting a 7-year extension on the time to complete construction; WHEREAS, the City’s Growth Management Department is recommending approval of the amendments to Ordinance 2,1992, subject to conditions of approval; and WHEREAS, the City’s Growth Management Department has determined that such amendments are consistent with the City’s Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves an amendment to Ordinance 2, 1992 in order to amend the site plan by modifying the shape of the driveway adjacent to the Chapel, by deleting a single story building, and by adding a memorial garden, a multi purpose building and a main sign, and in order to amend the conditional use by modifying the phasing plan, and by granting a seven-year time extension (until December 3 1, ,e 2007), to complete construction. Section 2. Said approval shall be consistent with plans filed with the City’s Growth Management Department as follows: I I t- 1. 2. 3. 4. 5. 6. July 24, 1998 Master Plan, Oliver-Glidden & Partners, Architects & Planners Inc., Sheet A- 1. April 29, 1998 Phasing Plan, 0liver.Glidden & Partners, Architects & Planners Inc., Sheet A-1P. April 29, 1998 Multi Purpose building site plan, 0liver.Glidden & Partners, Architects & Planners Inc., Sheet SP-1. February 23, 1998, Floor Plan & Elevations, 0liver.Glidden & Partners, Architects & Planners Inc., Sheet CA-1. February 23, 1998, Multi-Purpose Building,Oliver.Glidden & Partners, Architects & Planners Inc., Sheet MP-1. March 24, 1998 Building & Memorial Garden Landscape, Oliver-Glidden & Partners, Architects & Planners Inc., Sheet LAL. Section 3, The provisions of Resolution 6,1993 and of Resolution 143, 1994 are hereby incorporated as though fblly set forth in this Ordinance and are ratified, nunc pro tunc. -.. Section 4. Section 2 of Ordinance 2, 1992 is hereby amended to add the following Ordinance 15,1998 Page 2 conditions: Prior to the issuance of the first Building Permit for any new building on the site, the applicant shall submit, for City Engineer review and approval, a drainage Plan for Phase 5 parking lot improvements. Prior to the issuance of first Building Permit, the Handicap Parking Detail shall be revised to show an overall length of 18'-6", the wheel stop dimension shall be revised from 2'-0" to 2'-6" and the sidewalk width shall be revised on all plans to show an increase in width from 4' to 5'. Prior to the issuance of the first Building Permit, a stop sign and stop bar shall be added on all plans to the phase 5 one-way drive aisle intersecting the north-south internal drive aisle. Section 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS /b %AY OF /I &- r , 1998. U , 1998. 44 - PLACED ON SECOND READING THIS lo DAY OF I b6 DAYOF , 1998. COUNCILMAN DAVID CLARK ATTEST: LMDA V. KOSIER APPROVED AS TO LEGAL, FORM AND SUFFICIENCY. Ordinance 15,1998 Page 3 CITY OF PALMABEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 June 14,2001 Ed Oliver Senior Partner Oliver, Glidden & Partners 1401 Forum Way, Suite 100 West Palm Beach, Florida 33401 Fax: 684-6890 Re: Trinity United Methodist Shifting of Square Footage - ADMIN-01-07 Dear Mr. Oliver: City staff has reviewed your petition for administrative approval for the shifting of 1,457 square feet of building area from the multi-purpose building in Phase 5, to the administration addition. The administration building will total 2,857 square feet. Pursuant to Section 25(g), Site Plan Review, Administrative Site Plan Changes, of the City’s Land Development Regulations, administrative approval is hereby granted to Petition ADMIN- 01 -07. This approval shall be in accordance with the following documents (dates represent the date the plan was received and stamped into the Planning & Zoning Division): 1. Master Site Plan by Oliver, Glidden & Partners, dated 04/27/01, sheet MP-1. 2. Floor Plan by Oliver, Glidden & Partners, dated 04/27/01, sheet A-1 . 3. Elevations by Oliver, Glidden & Partners, dated 04/27/01 , sheet EL. 4. Landscape Plan by Oliver, Glidden & Partners, dated 04/27/01, sheet L. This approval officially documents the administrative amendment to the development order for the Trinity United Methodist Church. The aforementioned plans will be on record in the Growth Management Department for future reference. If you have any questions, please feel free to contact John Lindgren at 799-4243. Principal Planner cc: Jack Hanson, Building Official Bahareh Keshavarz, AICP, Senior Planner/Development Compliance Officer I g/john: adrnin0107.doc l@2 DlSCLAll All inform withoul el used as i intended Printed. 1 e I I i i" I I I .- I I lj P 5 i I I J, I ' /I;/ I I I I I I I iIi Ill 18 -----'I -- 17 lllll //Ill I4 jo If I I I I ARCHITICTVRB * INTKRIOR DHSIGN. INC I 11 PALM BEACH GARDENS, FLORIDA 4 i- "f a L I W - .. - I - EAST ELEVATION z NORTH ELEVATION Song t Associates, Inc. kchitrcaa*plnni*IntrriaDatgn TRINITY CHRISTIAN SCHOOL r WEST ELEVATION SOUTH ELEVATION Song + Associates, Inc. **-ab&fio&& TRINITY CHRISTIAN SCHOOL ?'-om I I I -4 I - --@ w --@ --@ --@ --@ ti 11 I II I I I 1i ,, I I I I ! 3 ow P 9 0 9 111; Location of Work inity United L ~ __* . . I I - t t 1 I 1 I I I I I I I I t 'I I i I 11 I- T 1 I I I I I I 1 1 1 1 1 1 1 I 4 r? K t I b I I i 1 I I I I?--- I 'I '1 1 I1 X i ;1 1 'I 1 I *' r, J. --t , ! -- A. a @--- --_o - TRINITY UNITED METHODIST CHURCH OF ALM BEACH GARDENS TRINITY CHRISTIAN SCHOOL -1 A2.1 I ii 00 I I 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Interim Growth Management Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44,2006 SubjectIAgenda Item: [ ] Legislative [ ] Public Hearing Resolution 44,2006 - Gardens Pointe Consideration of Approval: A request by Dodi Glas of Gentile, Holloway, and O’Mahoney, agent for Gardens Pointe LLC, for site plan approval of 214 residential condominium high-rise units within two twelve-story towers, and 26 townhouses. The 6.64-acre subject site is located at the northwest comer of Kyoto Gardens Drive and Fairchild Gardens Avenue (adjacent to the Landmark), which is within the Regional Center Development of Regional Impact (DRI). [XI Recommendation to APPROVE with 10 waivers [ ] Recommendation to DENY I Reviewed by: / I Originating Dept.: Growth Management: City Attorney I Development Compliance I Brad Wiseman Planning Manager Advertised: Date: 4/5/06 Daniel P. Clark, P.E. I 1 Paper: PB Post [XI Not Required FINANCE: Costs: $-N/A Total $-N/A__ Current FY Funding Source: [ ] Operating [XI Other-N/A Budget Acct.#: NA City Council Action: [N/A] Approved [N/A] App. w/ conditions [N/A] Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [N/A] Continued to: Attachments: 0 Resolution 8 I, 2001 0 Resolution 105,2004 0 Resolution 120, 2005 0 CC Minutes 6/17/04 0 Project Narrative 0 Reduced Plans 0 Resolution 44,2006 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44. 2006 EXECUTIVE SUMMARY The subject petition is a request for site plan approval of 214 condominium units within two twelve-story towers and 26 townhouse units. The subject site is located within the Regional Center Development of Regional Impact (DRI) immediately south of the approved Landmark residential project, which is currently under construction. On March 14, 2006, the Planning, Zoning, and Appeals Board (PZAB) voted 7-0 to recommend approval of the subject petition to the City Council. Staff recommends approval of Resolution 44, 2006, with 10 waivers and 50 conditions of approval. BACKGROUND Regional Center DRI The proposed development is located within the Regional Center Development of Regional Impact (DRI) on Parcel 27.09. On February 16, 1984, the City Council approved the Development Order of the Regional Center through Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of Retail, Office, Hotel, Residential, Open Space, and Community Use. The Development Order currently permits a maximum development of 1,640,000 square feet of retail, restaurant, and cinema; 26,000 square feet of neighborhood commercial; 1,2 10,000 square feet of business office; 235,200 square feet of research and development office; and 2,051 dwelling units. The total acreage of the DRI is 458.2 acres. The most recently approved Notice of Proposed Change (NOPC #lo) to the Regional Center DRI was approved through Resolution 105, 2004 on June 17, 2004, and provided for the following: Increased the maximum number of potential residential units for the DRI from 1,8 13 to 2,05 1 dwelling units; Set a maximum building height of 140 feet for all buildings on Parcel 27.09; Reduced the minimum thresholds for Business Office from 1,043,287 square feet to 985,695 square feet; Reduced the minimum thresholds for Research and Development Office from 73,440 square feet to 71,032 square feet; Reduced the minimum thresholds for hotel from 1 18 rooms to zero. Parcel 27.09 Catalafumo submitted a development application for Parcel 27.09 to the City in 2003, for the development of three professional office buildings totaling 60,000 square feet. This development application was for Phase I of a two phase office complex. However, this application was withdrawn in March 2003. Page 2 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44,2006 During the discussion of Resolution 105, 2004 at the June 17, 2004, meeting, Kolter Properties informed the City Council that they had entered into a contract to purchase Parcel 27.09 for the purpose of developing multi-family residential dwelling units (Please see attached minutes). Subsequently, the City Council made a motion to approve the resolution with the addition of a building height limitation of 140 feet for Parcel 27.09 as 140 feet was the height of the UBS/Paine Webber building, the second tallest building within the DRI. According to Resolution 81,2001, all conversions of uses shall be approved by the City Council through the site plan review process. Therefore, the conversion of Parcel 27.09 from office/hotel/community use to multi-family residential will be approved with the subject site plan petition. On February 1, 2005, Urban Design Studio, on behalf of Kolter Properties, submitted a development application to the Growth Management Department for 240 residential condominium and townhouse units on Parcel 27.09. Subsequent to the adoption of Resolution 105,2004 and the submittal of the Kolter development application, City Council held a retreat on the 28'h and 29'h of April 2005. During this retreat, the City Council set a city-wide policy to discourage the conversion of commercial land to residential. LAND-USE AND ZONING The subject site has a joint land-use designation of office/hotel/community use, as indicated on the Development of Regional Impact (DRI) and Planned Community District (PCD) master land- use plan (Map H), and Professional Office (PO), as designated on the City's Future-Land Use Map. Therefore, both land-use designations apply to the subject parcel. In order for residential to be allowed on-site, the conversion shall be approved by the City Council with the subject site plan petition. The zoning designation of the site is a Planned Community District (PCD) Overlay. In accordance with Section 78-155 (c) (2), Code of Ordinances, the Growth Management Director has determined that the Residential High (RH) property development regulations shall apply to the subject site. PROJECT DETAILS The proposed project consists of 2 14 residential condominium units within two, twelve-story towers and 26 townhouses on a 6.64-acre site. With this application, the applicant is proposing to develop the remaining 238 units allowed per NOPC number 10 in combination with two vested, un-built residential units that were previously approved for Kolter's San Matera multi-family project. The proposed density is 36.10 dwelling units per acre, whereas the adjacent approved residential project, the Landmark has a density of 37.05 dwelling units per acre. Site Access The project is bounded by the Landmark to the north, Lake Victoria (a.k.a. the Downtown at the Gardens Lake) to the west, Kyoto Gardens Drive to the south, and Fairchild Gardens Avenue to the east. Vehicular access to the site will be achieved from an ingresdegress point off of Kyoto Page 3 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44, 2006 Gardens Drive and two access points off of Fairchild Gardens Avenue. According to the applicant, the development is proposed to be built in two phases. Please see sheet C- 19. Traffic Concurrency The proposed project has reserved concurrency through the Regional Center DRI approval. The City Engineer has reviewed the proposed site plan to ensure compliance with the DRI concurrency approval and has raised no concerns. School Concurrency The applicant received school concurrency fiom the Palm Beach County School District on August 5, 2005, for 240 multi-family dwelling units. This school concurrency will expire if a development order is not granted by August 5, 2006. Once a development order is granted, school concurrency becomes vested for the project. Landscauing The applicant is providing 12,797 landscaping points on-site, whereas 10,128 are required by the City Code. The applicant has allocated 2.325 acres, or 35.02% of the site, toward open space, which meets the minimum 35% required for residential developments within PCDs. The applicant has provided a 20-foot wide landscape buffer along Fairchild Gardens Avenue and Kyoto Gardens Drive, which meets the minimum 20-foot width code requirement. The applicant has also provided an 8-foot wide landscape buffer adjacent to the Landmark and Lake Victoria, which meets the 8-foot width code requirement. Plantings within these buffers include specimen trees such as Canary Island Date Palms, Live Oaks, and Washington Palms. Other plantings include Dwarf Date Palms, Ligustrums, Eugenia hedges, Bougainvillea, and Christmas Palms. Foundation plantings have been provided for each tower on all four sides and either meet or exceed City Code requirements for height. Specimen trees include Coconut Palms and Cabbage Palms at a height of 22’-30’; Cathedral Oaks, Live Oaks, and Travelers Palms a height of 18’- 20’; Alexander Palms at height of 18’-20’; and Queen Palms at a height of 22’-28’. Each townhouse building has foundation landscaping on all four sides, which includes specimen trees such as Coconut Palms and Paurotis Palms. Other plantings include Cat Palms, Pygmy Date Palms, Crinum Lilies, Wax Jasmine, Eugenia hedges, and Ixora. Lake Plan The lake plan, also referred to as the Perpetual Public Access Easement (PPAE), surrounds Lake Victoria and provides the largest public amenity (26.9 acres) within the Regional Center DRI. Page 4 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44,2006 The lake plan’s meandering pathways provide an inviting and convenient pedestrian access to Downtown at the Gardens, the Landmark, Gardens Pointe, Mira Flores, and the Gardens Mall through two public pathways (Landmark & Gardens Pointe) that connect to Fairchild Gardens Avenue. The lake plan also includes street furniture, lighting, signage, a bridge, landscape and hardscape features that create a unified sense of place for the entire area. Common themed materials are used to define the park area. Paver pedestrian connections are provided across vehicular crossings at Kyoto Gardens Drive and at the intersections of Gardens Parkway and Valencia Gardens Drive, and Gardens Parkway and San Cristobal/Fairchild Gardens Avenue. This lake plan is maintained by the Regional Center Property Owners Association. As per Resolution 120, 2005, the applicant is required to fulfill the lake plan requirements for the subject site. The applicant has provided an area on the west, and south perimeters of the parcel, which is intended for recreation and open space for the public, as part of the lake plan requirements. These pathways link the subject site to other parcels immediately abutting the lake, and also link the lake path to Fairchild Gardens Avenue. The interconnecting pathways will allow for the public and residents in the proposed community to utilize the lake, and will serve as a pedestrian linkage between the proposed project and Downtown at the Gardens. Upon staffs urging to enhance the approved lake plan, and upon the PZAB’s recommendation, the applicant has revised the plans to reflect a prominent lake overlook plaza that will create additional opportunities for public enjoyment and pedestrian activity adjacent to Lake Victoria. Gardens Pointe, the Landmark, Downtown at the Gardens, and the lake plan all make up an urban core by providing an interaction of mixed uses and pedestrian activity. During the review process, staff raised a concern about the close proximity of the public pathway and the lakefront townhomes. (Many of the front doors to these townhomes are within five feet from the pathway.) It is staffs professional opinion that the public will take advantage of the PPAE as originally contemplated; and therefore the townhome residents must be made aware of the close proximity of the PPAE and their townhomes. Staff has included a condition of approval requiring the applicant to provide a prominent statement in all sales documents and the HOA documents that clearly identifies this public area immediately adjacent to these townhomes. Furthermore, staff has also included a condition that requires the applicant to post a sign outside of the sales center that explains the PPAE and its close proximity to the townhomes. Site Linhting The site will be illuminated according to the minimum LDR requirements. However, parking garage lighting will also meet IESNA standards as requested by the Police Department. The applicant is proposing metal halide lighting throughout the site. Parking Required parking is calculated at one space per bedroom plus five percent of the required parking for guest parking, which equates to 498 parking spaces; whereas the applicant is proposing 514 total parking spaces. The bottom three levels of each tower is a parking garage, which accommodates 427 total garage parking spaces. The remaining parking spaces consist of Page 5 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44, 2006 12 townhouse garage spaces, 12 townhouse driveway spaces, and 63 surface parking spaces. The applicant is requesting a waiver from Section 78-344 (L) (l), which requires a IO-foot wide parking stall width. The applicant is proposing to allow for 9.5’ wide parking spaces for garage parking. All surface parking spaces meet the 10-foot width code requirement. Signane The applicant is proposing one project identification sign at the main vehicular entrance off of Fairchild Gardens Avenue and a secondary interior sign off of the Kyoto Gardens Drive entrance. Two waivers are being requested for the main entrance sign since there are two faces and five feet of landscaping surrounding the sign; whereas only one sign face is allowed and 10 feet of landscaping is required around the sign. Architecture and Special Features All buildings on-site consist of a Mediterranean style with Spanish “S” tile roof, gray blue tinted windows, resin bands and cornices, cement plaster columns, aluminum grilles, aluminum railings, and stucco wall finish. The proposed color scheme will feature neutral tan colors including Dusty Yellow, Spiced Vinegar, Clear Yellow, Heavy Cream, Delicate White, Gold Buff, and Jute. Each twelve story tower (140’high) consists of nine residential floors (107 units) over three levels of covered parking, with 10 wrap-around townhouses. The wrap-around townhouses provides a residential scale and a pedestrian friendly streetscape for the surrounding area. The site also incorporates six free standing townhouses adjacent to Fairchild Gardens Avenue and Kyoto Gardens Drive. The visible facades of the enclosed parking garage incorporate the design that is present on the residential facades. Each faqade includes residential scale windows with aluminum grills, resin window sills, and banding, which provides architectural relief. The south elevations (adjacent to Kyoto Gardens Drive) includes a tower(s) and the east elevations (adjacent to Fairchild Gardens Avenue) include arcade features, which assist in providing visual interest from the adjacent roadways. Page 6 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44, 2006 Table 2: Requested Code Section Section 78-1 84: Height Section78-344 (I) b of Buildings Parking stall width Section 78-142 Residential High Zoning District Setbacks Front (Kyoto Dr.) Section 78-142 Residential High Zoning District Setbacks Front (Fairchild Ave.) Section 78-1 42 Residential High Zoning District Setbacks Side Section 78-142 Residential High Zoning District Setbacks Rear Section 78-285: Permitted Signs, Table 24 Section 78-285: Permitted Signs, Table Waivers The applicant is requesting ten waivers for the following project: Waivers Required 45’ IO’ 30 fi. plus one foot for each foot of building height greater than two stories = 150’ 30 ft. plus one foot for each foot of building height greater than two stones = 150’ 20 ft. plus one foot for each foot of building height greater than two stories = 140’ 20 ft. plus one foot for each foot of building height greater than two stories = 140’ Max Sign Faces: 1 Landscaping around monument sign shall be no 24 I less that sign height - IO‘ Section 78-441 (c): I No building permits prior General Application to plat approval Illumination of Uses Maximin in Parking Provided 12-stories, I40 ft. 9.5’ Garage Spaces Only 64’ South Tower 40’ North Tower 27‘ North Tower 23‘ South Tower 20’ North Tower 2 5‘ Sales Trailer & 1 Dry Townhouse Model 91 .S-Foot Candles in the Parking Garage Waiver Discussion (1) ** 2 Buildings 8 1.5-Foot Candle *+Note. Five of the ten waiver requests are to allow,for reduced setbacks and.for an increase in building height. Staff supports these requested waivers because the applicant has demonstrated consistency with Section 78-1 58 of the LDRs, Waivers to Planned Development District Requirements, which states, “ The use of innovative and creative techniques and concepts may require one or more waivers to the development standards applicable to such projects. The City Council may grant one or more of the requested waivers, provided community benefits such as architectural design, pedestrian amenities .... are demonstrated. )’ In this case, the applicant has provided enhanced architectural details, a pedestrian ,fviendly lake overlook feature, and three landscaped arbor seating areas within the lake plan. It is stafs professional opinion that the Page 7 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44,2006 design of Gardens Pointe and the improved public lake plan will add synergy to Downtown at the Gardens and the adjacent projects. (1) The proposed maximum building height for the two towers is 140 feet. The maximum allowable height of a building in the Residential High (RH) zoning district is 45 feet; therefore, the applicant is requesting a waiver of 95 feet. Upon staffs recommendation, the applicant has revised the elevations to reflect building height variation, which has addressed the previous box-like effect of the towers. Furthermore, this waiver is consistent with the adjacent Landmark project, which consists of a 17-story tower (192.5 feet) flanked by two 14-story towers (160 feet), and the UBWPaineWebber building (140 feet). It is staffs professional opinion that this waiver is adequately justified. Stafrecommends approval. Proposed Elevation: Previous Elevation: Page 8 Initial Elevation (First Submittal): (2) The applicant is requesting a waiver from Section 78-344(L) (l), which requires that a standard parking space be a minimum of 10 feet wide. The applicant is requesting that the parking space width be reduced to 9.5 feet for the garage parking spaces. All surface parking spaces meet the City Code requirement of 10 feet. Furthermore, this request is consistent with other parking garage space widths within the Regional Center (Landmark 9-feet wide, Downtown @ the Gardens 9.5-feet wide). Staffrecommends approval. (3) The applicant is requesting a waiver from Section 78-141, Residential Zoning setbacks, to allow for a front setback of 64 feet adjacent to Kyoto Gardens Drive for the south tower, whereas the Code requires 150 feet. This waiver request is consistent with the adjacent Landmark, which provided a 34-foot front setback. Staff recommends approval. (4) The applicant is requesting a waiver from Section 78-141, Residential Zoning setbacks, to allow for a front setback of 40 feet adjacent to Fairchild Gardens Avenue for the north tower, whereas the Code requires 150 feet. This waiver request is consistent with the adjacent Landmark, which has a side street setback of 18 feet. Stafrecommends approval. (5) The applicant is requesting a waiver from Section 78-141, Residential Zoning setbacks, to allow for a side setback of 27 feet for the north tower and 23 feet for the south tower, whereas the Code requires 140 feet. This waiver request is consistent with the adjacent Landmark, which has a side setback of 25 feet. Stafirecommends approval. (6) The applicant is requesting a waiver from Section 78-141, Residential Zoning setbacks to allow for a rear setback of 20 feet for the north tower, whereas the Code requires 140 feet. This waiver request is consistent with the adjacent Landmark, which has a rear setback of 22 feet. Stafrecommends approval. (7) The applicant is requesting a waiver from Section 78-285, Permitted Signs, to allow for a sign on each side of the monument. Staff supports the requested waiver because it will Page 9 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44, 2006 Date Prepared: March 30,2006 Meeting Date: April 20, 2006 Resolution 44, 2006 identify the development to vehicles entering and exiting the site. Several residential developments in the City have received a similar waiver approval from the City Council, which allowed for dual entry sign structures, including Mirasol, Evergrene, Frenchman’s Reserve PCDs, and the Southampton PUD. Staffrecommends approval. (8)The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, to allow for the landscaped area around the main entrance monument sign to be less than ten feet (5 feet). The proposed monument sign location provides the best placement in order to maintain maximum visibility for cars safely entering the site. This waiver was recently approved for the Pointe PUD. Staffrecommends approval. (9) The applicant is requesting a waiver from City Code Section 78-441, General Application Procedures, to allow for a sales trailer and one townhouse dry model prior to plat approval. This waiver has also been granted to allow for dry models within Old Palm PCD Pod C, Evergrene PCD, and Frenchman’s Reserve Pod G. Staff has included several standard conditions of approval to safeguard the City, visitors to the site, and the applicant relating to dry model permit issuance. Staflrecommends approval. (10) The applicant is requesting a waiver from City Code Section 78-1 82, Illumination of Uses and Buildings, to allow for 91.5-foot candles in the parking garage. The Police Department view parking garages as needing increased lighting for maximum visibility and surveillance due to safety concerns. Furthermore, Police recommends that the applicant meet IESNA standards in regards to parking garage lighting, which has been included as a condition of approval. However, IESNA standards require more lighting than City Code allows; therefore a waiver is required. Staff recommends approval. CONSISTENCY WITH SURROUNDING AREA The proposed residential development is consistent with the City’s vision to create an urban downtown environment within the Regional Center DRI. The proposed plan will be complementary to the adjacent Landmark project, which consists of two 14-story residential towers and one 17-story tower. Gardens Pointe is also consistent with Downtown at the Gardens, which includes a mixture of uses consisting of retail, office, and entertainment. The site plan has been designed so that pedestrians will be able to utilize the lake for activity and conveniently access Downtown at the Gardens. Furthermore, the proposed residential development is consistent with the surrounding PGA Boulevard Corridor, which includes a number of buildings (other than Landmark) that significantly exceed the LDR height restriction. Specifically, the Grand Bank (70.25’), Good Samaritan Hospital (86’), the MacArthur Center BuildingBank One Building (65.83’), the UBS Paine Weber [a.k.a Medical Mall] (140’), Admiralty I (148’), and Gardens Plaza [a.k.a Merrill Lynch building] (137’). Page 10 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44,2006 CONSISTENCY WITH THE COMPREHENSIVE PLAN It is stafys professional opinion that the proposed development is consistent with the overall intent of the goals, objectives, and policies of the City’s Comprehensive Plan. Density The proposed 240 residential units are the last remaining units to be approved that are currently vested within the DRI. However, the Menin Development Company has filed an NOPC that proposes the conversion of existing office entitlements to retail, hotel, and additional residential units within the Regional Center DRI. Under Policy 1.1 S.2 (b) of the Comprehensive Plan, the overall density of PCDs or PUDs shall not exceed 12 units per acre for the areas designated Residential High (RH). Furthermore, Policy 1.1.1.4. states, “Although a variety of uses and use intensities may be approved as part of a residential PCD, the overall density must be consistent with the Future Land-Use designation of the area.” [Emphasis supplied.] The proposed gross density for the subject parcel is 36.10 dwelling units per acre (Landmark has a density of 37.05 d.u. per acre). However, when the overall residential density within the DRI is calculated using all residential parcels within the DRI, the density equals 10.90 units per acre (2,051 units/ 188.14 acres of residential land), which is consistent with the Comprehensive Plan. Building Height The subject site has a joint land-use designation of Professional Office (PO), as designated on the City’s Future Land-Use Map, and office/hotel/community use, as indicated on Map “H” of the DRUPCD. Under the future land-use element, the Professional/Office (PO) future land-use category limits the building height to 36 feet. The proposed project exceeds this height limitation. However, Policy 1.1.1.4. of the Comprehensive Plan states: Policy 1.1.1.4.: The City shall maintain land development regulations which provide for a Planned Community District (PCD) which shall implement the following concepts: a. through d. omitted for brevity e. Through the PCDs flexibility, the City Council may grant waivers to the non-residential intensities described previously. J: omitted for brevity Since the future land-use designation is ‘non-residential’, the policy provides the City Council the authority to waive the building height incorporated within the description of PO future land- use element. The applicant is requesting a waiver from this requirement, which is allowed by this policy. This policy is implemented by City Code Section 78-158 (0, Table 20, which specifically allows the City Council to waive building height requirements. Please also note that City Code Page I1 -- Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44, 2006 Section 78-1 58 (d) includes regulations that may not be waived by the City Council and building height is not included. Site Plan &Design Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as depicted on the Future Land Use Map, consistent with sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. The site has been designed with sound planning principles, which minimize any impacts on the surrounding properties @.e. Landmark, Gardens Mall, and Downtown @ the Gardens). The design of the site is consistent with the desired community character for this area of the City, which is an urban environment. Furthermore, the proposed residential use and inviting pedestrian connectivity is complementary to Downtown @ the Gardens. It is staffs professional opinion that the proposed project is consistent with the Comprehensive Plan. ECONOMIC DEVELOPMENT ADVISORY BOARD (EDAB) The EDAB reviewed the subject petition on December 8,2005. Staff brought the Gardens Pointe residential project before the EDAB because the petition proposes the conversion of office use to residential. The EDAB made a motion, with a vote of 6-1, to support the project because the process of allowing this site to become residential began several months before City Council set a policy to discourage conversions of commercial/office use to residential. However, the EDAB stated that their motion was site specific and reiterated their position that commercial land should not be converted to residential. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On October 25, 2005, the Planning, Zoning, and Appeals Board reviewed the subject petition at a workshop. Mr. Dennis Solomon, Mr. Barry Present, and Mr. Amir Kanel stated a concern about building height. In addition, the PZAB praised the project’s design and issued the following two comments (staJfts response are in italics): 1) The PZAB stated that nine-foot wide parking spaces are too narrow; 10-foot wide spaces should be utilized for all surface parking; and all parking garage space should be a minimum of 9.5-feet wide. The applicant has revised the plans accordingly. 2) The PZAB proposed altering the color palette and eliminating the checkerboard pattern. The applicant has revised the plans to the satisfaction of the PZAB. The subject petition was initially scheduled for a Recommendation to City Council hearing at the January 10,2006, PZAB meeting, but was subsequently postponed to the March 14,2006, PZAB Page 12 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44, 2006 meeting. The applicant requested a postponement because staff recommended modifying the architectural elevations to address the bulkiness of the building. Since then, the applicant has met with staff several times and has revised the plans to reflect a pronounced roof-line variation, which met the original intent of staffs recommendation. Subsequently, on March 14, 2006, the PZAB reviewed the subject petition and voted 7-0 to recommend approval to the City Council. The PZAB praised the architectural modifications that staff had recommended and raised no further comments. Prior to this meeting, staff requested that the applicant provide a pedestrian bridge linking the subject site to Downtown at the Gardens. However, the applicant did not agree with this request and sought input from the PZAB. The PZAB recommended that the applicant provide a lake overlook feature in-lieu of a bridge. The PZAB’s reasoning was that since the Landmark was providing a bridge, a second bridge was excessive for this size of a lake. As a result, the applicant has worked with staff to create a pronounced lake overlook feature, which staff is in support of in-lieu of the pedestrian bridge. STAFF RECOMMENDATION Staff recommends approval of Resolution 44, 2006, with the waivers and conditions provided therein. Page 13 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44, 2006 TABLE 1 EXISTING ZONING AND LAND USE DESIGNATIONS I I - - = _-=. - - .__- -*I- Subi ect Property VacantNndeveloped (36.10 D.U. Per Acre) ~~ &h Landmark Residential Development (37.05 D.U. Per Acre) LUlY 1lY ti LANU USE. Planned Community District (PCD) DRI/PCD Planned Community District (PCD) DRI/PCD South Kyoto Gardens Drive, Viridian Center East Office Building, Laser & Surgery Planned Community District (PCD) DRUPCD Fairchild GardeFAvenue, Gardens Planned Community District (PCD) DRIiPCD West Lake ~i~~~~i~,Dow.~~~~ at the Gardens Planned Community District (PCD) DRIiPCD Page 14 Date Prepared: March 30,2006 Meeting Date: April 20,2006 Resolution 44,2006 U Loae Kequirement Site Zoning = PCDiPO Minimum Site Area: TABLE 2 CONSISTENCY WITH THE CODE Consistency Yes 6.64 Acres Yes Yroposeu Ylan 240 Condo & Townhouse units 1 1,000 Square Feet Minimum Site Width: 100’ Maximum Building Height: 45’ Maximum Lot Coverage: 35% Front Setback (Kyoto Dr.): 150’ Rear Setback: 140’ Front Setback (Fairchild Ave): 150’ Side Setback: 140’ Minimum Parking Spaces: 498 Minimum Landscape Points: 10,128 Minimum Required Open Space: 35% L 590’ Yes 140’ No- waiver requested 21.32% Yes 64’ South Tower 260’ North Tower Tower 20’ North Tower 348’ South Tower Tower 40’ North Tower 224’ South Tower Tower 27’ North Tower 23’ South Tower towers No - waiver requested for South No - waiver requested for North No - waiver requested for North No - waiver requested for both 5 14 Yes 12,797 points Yes 35.02% Yes Page 15 RESOLUTION 81,2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FORTHE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DISTRICT (PCD); PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO RECONFIGURE THE ALIGNMENT OF VICTORIA GARDENS DRIVE, RELOCATE THE NEIGHBORHOOD COMMERCIAL PARCEL 6, REDESIGNATE THE USE OF PARCEL 6 AS MULTIFAMILY RESIDENTIAL, REALLOCATE THE ACREAGE OF PARCEL 7 TO PARCEL 2 IN EXCHANGE FOR OTHER CONSIDERATION SPECIFIED AT THE PUBLIC HEARING AND AGREED TO BY THE APPLICANT, INCREASE THE SQUARE FOOTAGE OF COMMERCIAL USES BY 200,000 SQUARE FEET, AND AMEND CONDITION #I TO ESTABLISH AND ADOPT A LAND-USE CONVERSION MATRIX AND GENERAL LAND-USE AND DESIGN GUIDELINES FOR THE AREA WEST OF THE WATER MANAGEMENT TRACT AND SOUTH OF GARDENS BLVD.; PROVIDING THAT THE CITY CLERK SHALL TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. ’ WHEREAS, on August 5, 1999, the City Council adopted Resolution 96, 1999, as a consolidated and amended Development Order for the Regional Center DRI and PCD; and WHEREAS, the City Council has received an application from The Mall Properties Ltd. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Councii has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: These proposed amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, 0 Florida Statutes; Revised on: March 14,2002 Resolution 81,2001 0 These proposed amendments to the Development Order and the Master Plan do not constitute “substantial deviations” from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review; and The amendment and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION I. The foregoing “whereas” clauses are hereby ratified and incorporated herein. SECTION 2. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96, 1999, as amended by Resolution 25,2000 and Resolution 36, 2001 , shall remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. A. The revised Master Plan contained in the City’s Planning &Zoning Division files and attached hereto as an Exhibit and incorporated herein by reference, is adopted as the official Master Plan for the Regional Center and attached hereto the Development Order: Proposed 02.25.02, Parcel 27.12 NOPC, 2001, Exhibit H - The Regional Center, Urban Design Studio. 6. The Master Plan is specifically revised to reconfigure the alignment of Victoria Gardens Drive, relocate Parcel 6 to the eastern portion of Parcel 4, redesignate the current location of Parcel 6 as Multifamily Residential, reallocate the acreage of Parcel 7 to Parcel 2 in exchange for other consideration specified at the public hearing and agreed to by the applicant, increase the maximum possible square footage of commercial uses by 200,000 square feet, and amend Condition #lof Resolution 96, 1999, to establish and adopt a land-use conversion matrix, conditions and approved land-use activities for the Neighborhood Commercial parcel, and general design and land-use guidelines for the development of the area west of the water management tract and south of Gardens Blvd., as more particularly described in Exhibits “H,” “A,” “B,” and “C” and Diagrams 1 and 2 attached hereto. 2 I Revised on: March 14,2002 Resolution 81,2001 SECTION 4. TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owner‘s Association, Inc., and the Mall Properties Ltd. SECTION 5. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court or administrative official of competent jurisdiction to be unconstitutional, illegal, inoperative, or void, such holding shall not affect the remainder of this Resolution. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS 7 * DAY OF w~ec ,I ,2002. ~ , .. r -. q 2 .- - .. APPROVED AS TO LEGAL FORM -! z ATTEST: ~ -‘.:::-. .. ,* - .\ - .- \ AND SUFFICIENCY. -” 7. 3 Prepared on: March 6,2002 Resolution 81,2001 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO -- AYE NAY ABSENT u-. G :Talal/DRI-PC D-00-0 1 -cc-res 4 EXHIBIT A TO RESOLUTION 81 2001 USE I- AMENDED DEVELOPMENT ORDER CONDITION #1 MAXUIIIM I. The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes I and 11 and Appendixes A, B and C, dated September 1983, revised and submitted October 14, 1983. I Notwithstanding anything to the contrary in the Application for Development 4pproval (“ADA”) including but not limited to, Exhibit H and the tabulations, notations, labels and designations therein, nothing in the ADA shall be interpreted to constitute a constraint on the amount and physical location(s) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H for RetaiUOKiceMotel (I), OffcfloteUCommunity uses (2). or Research/O!Yicd Service Coinrnunity Uses (3); provided the total square footages for uses consistent with the Conversion Rates below and do not exceed anv of iR the Range of Maitnwa Floor Space Allocations on Exhibit H and restated below wwmkmxM; and provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as shown on Exhibit H, sxceot that the final confirmration of Victoria Gardens Boulevard (north of Kvoto Gardens and south of Gardens Parkwav. with intersections to remain as established bv Exhibit H) shall be determined durina the site olan review orocess: and provided further that if the Conversions Rates below are used for the develooment of retail. said retail development shall occur onlv on the prooertv located south of Gardens Parkwav, north of Kvoto Gardens Drive, east of Alt. AIA. and west of the water manapement tract. Further anv such retail development shall be reauired to occur in substantial conformity with Exhibit C and Diamams 1 and 2 of esolution 81-2001. Anv site olan amroval bv the Citv shall be deemed consistent with Mao H and Exhibit C to Resolution 81-2001. Conversions shall be limited to parcels identified on the DRI Master Plan Exhibit H with a PIUS svmbol (“t”). No conversions or site plan shall be finallv aporoved bv the City Council until the Cih Council auproves the park improvements as described in item 8. of Exhibit C. The park imorovements plan rnav proceed simultaneouslv with the consideration of a conversion and a site olan. The remaining 25.000 square feet of retail amoved by Resolution 25.2000 shall be located on oropertv south of Gardens Parkwav. north 0 PARCEL 27.12 NOPC Neiahborhood Commercial Rcaionat Retaildestaurant, Cinema O~~ICC - BUS~DCSS Office -Research Serivce &kJ Residential TOTAL 26.000 sf 26.000 sf 1.440,OOO sf 1.640.000 sf 1.123.287 sf 1.210.000 sf 73.440 sf 235.200 sf I 18 rooms1100.300 sr 1.813 dd1.813.OW sP 4.576.027 sf 5.305.850 sf 449 roorns/381.650 sP 1.813 du/1,813.000 SP EXHIBIT B TO RESOLUTION 81 2001 THE REGIONAL CENTER DRI MASTER PLAN EXEIIBIT II PERMITTED NEIGHBORHOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Floral or Florist Shop Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Craft Shop Ice Cream Shop Jewelry Store, including Repair of Jewelry and Clocks Restaurant PERSONAL SERVICES Bank/Financial Institution with or without Drive Through Barber / Beauty Shops Dry Cleaning Laundry and Dry Cleaning Pickup Station Personal Services Picture Framing Shoe Repair Video Rental and Sales PUBLIC & INSTITUTIONAL Post Office CULTURAL, ENTERTAINMENT & RECREATIONAL Park, Public Recreation Center, Public OTHER Satellite Dishes, Accessory NOTES: 1. Any use not specifically listed herein may be permitted in the Neighborhood Commercial category of the Regional Center DRI at the discretion of the City Council. 2. The Neighborhood Commercial category of the Regional Center DRI shall have a minimum of three permitted uses. 3. No signage for the Neighborhood Commercial uses shall be permitted on the Alternate A1A. 4. Direct vehcular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.k.a West Avenue). EXMBIT C TO RESOLUTION 81 2001 TJ3E REGIONAL CENTER DIU MASTER PLAN EXHIBIT H RETAIL CONVERSION REQUIREMENTS Any use of the Conversion Matrix to increase Retail Use shall conform to the following requirements: 1. Retail may only be located as provided for on Exhibit H - The Regional Center Master Plan map. 0 2. 3. 4. 5. 0 6. 7. 8. Retail use other than quality or specialty restaurant must be a part of a multiple use project in which there shall be a mix of uses in the same building or in buildings linked by pedestrian plazas. Quality or specialty restaurant may be but are not required to be free-standing buildings. Multiple and mixed uses shall mean the project contains at a minimum two of the following uses: office, hotel, residential, or retail including theater and/or restaurant establishments. Discount Department Stores as defined by the Land Development Regulations Supplement 10 (as of the effective date of this resolution) are prohibited unless approved by the City Council. Retail use other than quality or specialty restaurant shall be designed in buildings that are connected physically by structure or by pedestrian plaza. Free-standing fast food restaurants and free-standing pharmacies/drugstores are prohibited. Please refer to Diagram 1 as an example of how this requirement may be fulfilled. Retail uses must be in buildings of varying stories, heights and size but with unifying architecture that promotes a sense of place and pedestrian orientation. Design elements of the buildings are to include defined entryways, awnings andor canopies, balconies, outdoor seating, the use of color to articulate architectural variation, and other facade detail to avoid blank walls. Please refer to Diagram 2 as an example of appropriate architecture. Nothing in the use of the Conversion Matrix for additional retail shall limit the ability to developed up to 166 residential units in the location designated on Map H and as approved by the City Council through the site planning process. In addition, any retail use, single entity use, site plan design, or building architecture approved by the City Council shall be deemed to comply with these requirements. A building permit for a stadium seating multi-screen theater, no less than 55,000 square feet and no less than 2600 seats, shall be included within the first 100,000 square feet to be built. No more than one building permit can be issued prior to the building permit for the theater. The theater shall be diligently constructed, without owner delay, until completion. The Victoria Gardens Boulevard extension (between Kyoto Gardens and Gardens Parkway) and park improvements shall be started prior to or simultaneously with the first building permit for vertical construction to be built and diligently constructed without owner delay until complete. The park improvements shall be approved by City Council resolution. The plan shall include provisions for street furniture, lighting, signage, landscape and hardscape features that create a unified sense of place for the entire park area as defined by Exhibit H, the DRI Master Plan. Common themed materials (color, logo identifiers, landscaping) shall be used to define the park area. Paver pedestrian connections shall be provided across vehicular crossings at Kyoto Gardens and at the intersections of Gardens Parkway and Valencia Gardens , and Gardens Parkway and San Cristobal/Fairchild Gardens. The underpass pedestrian connection shall be enhanced to encourage cross access. The signage program shall be a comprehensive signage program integrating and furthering the intent of the 20-acre park function and purpose. The signage program shall be designed to raise public awareness as to the location and access of the park area to the public. The program shall include appropriate maps, directories, and symbols indicating recreational amenities and directing the public to the location of the accessible park area. \\Udr-rcwer\VOL I~CO1MMO~obsU(egionalCcntcrDRR27. I Z\RctailconvcrsionExC.RcsoS I200 I .reviscd.02280Zf.wpd LCC35 .- . . . . ... . . . . . . . ___ .~ ALT. AIA GARDENS MALL J i 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 105,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING RESOLUTION 96,1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DEVELOPMENT (PCD); AMENDING THE MASTER DEVELOPMENT PLAN TO ALLOW FOR MODIFICATIONS TO THE CONVERSION MATRIX TO ALLOW THE CONVERSION OF HOTEL ROOMS AND BUSINESS AND RESEARCH UNITS ON PARCEL 27.09 AND TO MODIFY THE ESTABLISHED MINIMUM THRESHOLDS FOR THESE USES WITHIN THE DRIIPCD; AUTHORIZING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNER’S ASSOCIATION, INC., AND THE MALL RESIDENCE HOTEL, LLC; AND PROVIDING AN EFFECTIVE DATE. OFFICE TO NO MORE THAN 238 MULTI-FAMILY RESIDENTIAL WHEREAS, the City Council has received an application from The Mall Residence Hotel LLC to adopt an amended Master Plan and Development Order of the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: 1. These proposed amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, Florida Statutes. 2. These proposed amendments to the Development Order and the Master Plan do not constitute “substantial deviations” from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review. - Prepared: April 27,2004 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: April 27,2004 Resolution 105,2004 3. The amendment and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations 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. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96,1999, as amended by subsequent resolutions, shall remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. A. The revised Master Plan contained in the City's Planning & Zoning Division files and attached hereto as "Proposed Exhibit H -The Regional Center, Proposed NOPC 11.03.03" is adopted as the official Master Plan for the Regional Center DRI B. The Master Plan is specifically revised to amend the land use conversion matrix to allow the conversion of Hotel Rooms, Business Offtce, and Research and Development Office square footage to no more than 238 Multi-family Residential dwelling units on Parcel 27.09, and to modify the required minimum and maximum thresholds in the Range of Floor Spaces Allocation for Land Uses Chart on Map H to reflect a reduction of the minimum thresholds for: Business Office from 1,043,287 to 985,695 square feet (reduction of 57,592 square feet); Research and Development Office from 73,440 to 71,032 square feet (reduction of 2,408 square feet): 118 hotel rooms to zero rooms; and Increasing the maximum number of residential units allowed for the DRI from 1,813 to 2,051 dwelling units (increase of 238 units). C. The maximum height of any building on Parcel 27.09 shall be 140 feet. SECTION 4. TRANSMITTAL OF RESOLUTION. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owner's Association, Inc., and the Mall Residence Hotel LLC. 2 Date Prepared: April 27,2004 Resolution 105,2004 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 SECTION 5. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this !7p day of ,2004. ATTEST: BY: _- - C. 'Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY VOTE: MAYOR JABLIN ttorney -- AYE NAY ABSENT J --- VICE MAYOR RUSSO 1- - COUNCILMEMBER CLARK --- / COUNCILMEMBER DELGADO --- / COUNCILMEMBER LEVY - J- d G:bttomey-share\RESOLUTlONS\malI residence hotel doa -reso 105 2004.d~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 7 Date Prepared: September 6,2005 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 120,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS LOCATED WITHIN THE REGIONAL CENTER DRIIPCD, AS DESCRIBED MORE PART1 C U LARLY HE RE I N , TO MOD I FY C E RTAl N CON D IT1 0 N S OF APPROVAL; TO DEFER SOME ELEMENTS OF THE LAKE IMPROVEMENT PLAN, REMOVING THE CHILDREN’S GARDEN; MODIFYING THE HARDSCAPE AND LANDSCAPE TO COINCIDE WITH THE NEWLY-APPROVED ARCHITECTURAL THEME; REMOVING THE VIDEO WALL SIGN; ADDING A RIGHT-OUT EXIT POINT ONTO GARDENS PARKWAY; ADDING UNUSED REMAINING DRI ENTITLEMENTS OF 1,032 SQUARE FEET OF OFFICE SPACE TO THE SUBJECT SITE; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City received petition SP-05-05 from Cotleur Hearing, agent for Menin Development, for an amendment to the site plan approval for the Downtown at the Gardens project on the approximately 35-acre site located within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by deferring the installation of the bridge and raised stage to November 10, 2006; removing the children’s garden; modifying the hardscape and landscape to coincide with the newly-approved architectural theme; removing the approved video wall sign; adding a right- out exit point onto Gardens Parkway from the second garage floor to be approved administratively by staff; adding unused remaining DRI entitlements of 1,032 square feet of office space to the project; and to include a request for five (5) additional waivers; and WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay with an underlying zoning of Commercial and Office; and WHEREAS, the subject site is part of the Regional Center DRI approved by Resolution 9, 1984, as amended most recently by Resolution 105, 2004; and WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, Zoning, and Appeals Board on August 23, 2005, which recommended its approval by a vote of 4-3; and 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4!! 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 e Date Prepared: September 6, 2005 Resolution 120,2005 WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens’ review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The Site Plan Amendment petition of Cotleur Hearing, agent for Menin Development, is hereby APPROVED for the Downtown at the Gardens project on the approximately 35-acre site located within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by deferring the installation of the bridge and raised stage to November IO, 2006; removing the children’s garden; modifying the hardscape and landscape to coincide with the newly- approved architectural theme; removing the approved video wall sign; adding a right-out exit point onto Gardens Parkway to be approved administratively by staff; and adding unused remaining DRI entitlements of 1,032 square feet of office space to the project, all as subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12,27.14 AND LAKE VICTORIA GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Land-Use: 1. 2. 3. 4. Retail use other than quality or specialty restaurant use shall be a part of a multiple / mixed use building(s) linked by pedestrian plazas, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning) Discount department stores as defined by the City’s Land Development Regulations shall be prohibited on the subject site, unless approved by the City Council, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning) Freestanding fast food restaurants and freestanding pharmacies/ drugstores shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning) A building permit for the multi-screen theater, no less than 55,000 square feet and no less than 2,600 seats, shall be included within the first 100,000 square feet to be built by the Applicant. No more than one building permit shall be 2 3 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 a 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 5. 67 - 67. - 78. - 89. Date Prepared: September 6,2005 Resolution 120, 2005 issued for the entire project prior to issuance of a building permit for said theater. Said theater shall be diligently constructed, without owner delay, until completion, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning, Building) Prior to the issuance of the first Certificate of Occupancy, the Applicant shall comply with Section 78-262 of the City Code dealing with Art in Public Places. The Applicant shall provide art on site or make a payment in lieu of art. The Art in Public Places Committee shall review and make a recommendation to the City Council on any proposed art on site. (Planning & Zoning) The applicant of the subject development shall have the sole responsibility of implementing and installing the lake improvement plan as reflected tW&bt&G e#- ’ on the Lake Area Site Plan, dated September 9, 2005, and prepared bv Cotleur Hearinq, attached hereto. Prior to the issuance of the first Certificate of Occupancy, W that portion of the lake improvement plan adiacent to Downtown at the Gardens development and for which said development is responsible, as shown on the Lake Area Site Plan, shall be fully completed, and all elements of said portion of the plan shall be installed- &wwk The pedestrian bridqe and the performance stage on the west side of the lake shall be completed no later than November 10, 2006, bv the owner of Downtown at the Gardens. The remaininq two areas of the lake improvement plan east of Lake Victoria as reflected on the Lake Area Site Plan shall be completed no later November IO, 2006, unless prior to that date the owner transfers the responsibility for the improvements to the respective property owners with frontage on Lake Victoria. In this event, the timing of the installation of the respective portions of the plan shall be specified in the development orders or amendments thereto for the respective two properties. Anv maior modification to any element of the lake improvement plan must be amroved bv the City Council. (Planning & Zoning) * II 11 Prior to the issuance of the first Certificate of Occupancy, the Applicant of the subject development shall obtain and provide the City with an agreement between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the cost sharing for the implementation and installation of the lake plan. (Planning & Zoning) The Property Owners Association of the DRI shall be responsible for the maintenance of all the park improvements and all elements of the lake plan. (Planning & Zoning) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: September 6,2005 Resolution 120,2005 - 94-43, Uses shall be limited to the list attached hereto as Exhibit “E.” The Applicant must receive approval by the City Council for any use that is indicated as a conditional use, prior to the issuance of a building permit for those tenant improvements. (Planning & Zoning) - 1044. Within sixty (60) days of the effective date of this Resolution, the Applicant will submit an “Operating Agreement” in a form acceptable to the City Attorney between the City and the Applicant, establishing the management and use of the Lake Park, including the plaza areas located east of Victoria Gardens Drive. The Operating Agreement will define such items as allowable uses, programming of events, public access, enforcement, and maintenance and will include provisions for review and modification. The Operating Agreement must be approved by the City Council prior to the issuance of the first building permit. (Planning & Zoning, City Attorney) 1142. Prior to the issuance of any development permits, the Applicant shall obtain all necessary approvals and permits from NPBCID to facilitate the redevelopment of the lake tract (Park), including the necessary transfer of properties to the City of Palm Beach Gardens as contemplated by the site plan. (Planning & Zoning, City Engineer, City Attorney) - 12%. A total of seven (7) mobile site amenity I sales kiosks shall be permitted for the project. A maximum of three (3) of the seven (7) amenity I sales kiosks may be utilized within the lakefront plaza area of the project, on site only. All mobile site amenity / sales kiosks shall remain out of view from Alternate AIA at all times. (Planning & Zoning) - 1314. The Applicant shall ensure that the video sign located within the courtyard of the site is not visible from any public right-of-way, parking lots, or residential district, per Section 78-289 of the City Code. (Planning & Zoning) - 14%. The on-street parking within the Victoria Gardens Avenue right-of-way shall be free of charge and must not be assigned to any specific tenant on site. (Planning & Zoning) - 15%. The proposed awnings shall be of solid color and striped awnings shall not be permitted within the subject site. (Planning & Zoning) - 164.7. If shopping carts are to be used on site, shopping carts corrals shall be provided by the Applicant and shall be screened from view by means of a wall and substantial landscaping. The corrals shall be constructed of solid walls and of materials compatible with the primary structures approved on site. (Planning & Zoning) - 17%. Shopping carts shall not be allowed to accumulate in any outside area, and shall be removed from cart corrals in a timely manner and relocated to storage areas inside building structures. (Planning & Zoning) 4 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 i Date Prepared: September 6, 2005 Resolution 120,2005 1W. Within thirty (30) days of the effective date of this Resolution and subject to Planning and Zoning staffs approval, the Applicant shall provide revised floor and site plans to the City reflecting at least two and separate public restroom areas on the first floor of the subject site. (Planning & Zoning) Energy Conservation: - 1929. Prior to construction plan approval, potable water conservation devices shall be incorporated into project buildings, per Condition 12 of the Development Order of the Regional Center DRI. (City Engineer) - 20a. Prior to construction plan approval, energy conservation measures identified in the Application for Development Approval (ADA) shall be implemented, per Condition 24 of the Development Order of the Regional Center DRI. (City Engineer) 2122. Prior to construction plan approval, the subject project shall comply with the energy plan established by the Property Owners Association Architectural Review Board for the Regional Center DRI, per Condition 25 of the Development Order of the Regional Center DRI. (City Engineer) - 2223. Prior to the issuance of the first certificate of occupancy, the Applicant shall demonstrate that a full line of energy-efficient appliances and equipment will be used in all buildings on site, per Condition 27 of the Development Order of the Regional Center DRI. (City Engineer) Landscaping and Environment: - 2324. Prior to the issuance of a clearing permit, the Applicant shall coordinate an on-site meeting with the City Forester to confirm that existing and proposed landscaping, as reflected on the proposed landscape plan, effectively screens all parking areas from Alternate AIA, while remaining in compliance with CPTED principles incorporating view corridors for security purposes. (City Forester) - 2425. Prior to any land alteration, all Gopher tortoises shall be relocated from the subject site to an acceptable alternate site approved by the City Forester. (City Forester) - 2526. The Applicant shall, in a cooperative effort, work together with the Police Department to implement, to the maximum extent possible, the CPTED recommendations contained in the CPTED report prepared by Paul Urschalitz and stamp dated by the City December 9, 2002. (Police Department) Enqineerinq - 2627. Prior to the issuance of the first building permit, the Applicant shall submit a Master Pavement Marking and Signage Plan meeting the requirements of the City Engineer. (City Engineer) 5 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (5% 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Y Date Prepared: September 6, 2005 Resolution 120, 2005 27%. Prior to the issuance of the first building permit, the Applicant shall provide a letter of authorization from the appropriate utility owners allowing the Applicant to pave, landscape, and place stormwater management features, buildings, etc., within their respective utility easements. (City Engineer) - 2828. Prior to the issuance of the first building permit, the Applicant shall identify handicap ramps on the plans at all applicable locations. The Applicant shall provide ramp detail(s) meeting ADA and FDOT standards and identify the curb ramp number from FDOT Index 304. (City Engineer) - 2930. The Applicant shall maintain a minimum vertical height clearance of 13’ 6” for the covered drop-off areas and the entry arches to facilitate emergency vehicle access. (Fire Department) - 3034. Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed and accepted by the City. Construction of said roadway shall commence prior to or simultaneously with the first building permit for vertical construction to be built and diligently constructed without delay until complete, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center the DRI. (Planning & Zoning, City Engineer) - 3132. Prior to the issuance of the first building permit, all surface water management system elements consistent with the Unit 19 Conceptual Permit Modification issued by SFWMD shall be substantially completed in accordance with the construction-phasing plan and accepted by the City. The Applicant shall provide a phasing plan, construction plan, and supporting calculations for review and approval by the City, NPBCID, and SFWMD that certifies all phases of the surface water management system construction shall be equivalent to the Unit I9 Conceptual Permit. (City Engineer) - 3233. Prior to issuance of the first building permit, the Applicant shall submit to the City for review and approval a boundary re-plat and record said plat in the public records of Palm Beach County. (City Engineer) - 3334. The Applicant shall submit, at its cost, an annual parking study to determine actual parking demand at the site. The observed demand will be compared to the actual supply to determine if the provided parking supply is adequate to accommodate existing demand, plus expected demand generated by the uses that have not yet been issued certificates of occupancy. This calculation will include an appropriate buffer between parking supply and demand as recommended by either the Institute of Transportation Engineers, Urban Land Institute, or other recognized published traffic engineering organizations or resources. The first annual parking study must be submitted when Certificates of Occupancy for 80% of the project’s approved square footage have been issued. The parking study will be performed on an annual basis for a period of five (5) years. Said study shall be performed by an independent professional traffic engineer mutually selected by the Applicant and City staff. The precise 6 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 6,2005 Resolution 120,2005 methodology shall be agreed upon by both the Applicant and the City staff at the time the study is initiated. At a minimum, the study is to be performed during the peak season and during the peak operating hours on a Thursday, Friday, and Saturday (with the exception of the Christmas and Thanksgiving holidays), or as determined by the Growth Management Director. (City Engineer) - 3435. Should the parking study conclude that the available on-site parking is 90% or more occupied, then the Applicant shall provide a permanent (perpetual) solution to increase parking supply for the project that can include the construction of a second parking garage as shown on the alternate site plan referenced herein and attached hereto as Exhibit “D”, or other viable alternative means as approved by City Council. When the on-site parking is determined to be 90% or more occupied, the shared parking study provided by the Applicant shall be considered null and void, and the Applicant shall construct the required parking based on the number of spaces recommended by the above-referenced parking study, or as otherwise determined by the City Council. (City Engineer) - 3!%6. Prior to the issuance of any Certificate of Occupancy, the Applicant shall transfer to the City any surety for completed public improvements and post additional surety as necessary to secure 110% of the cost of construction of the second parking garage located on the west side of the entrance off of Gardens Parkway Boulevard. The City shall not release any surety posted by the Applicant for public improvements and the additional surety to be paid by the Applicant after completion of said improvements for a period of five (5) years from the date the subject development receives a Certificate of Occupancy of 80% of the approved square footage for the subject site. (Planning & Zoning) - 3637. Construction of the second parking garage located on the west side of the entrance off of Gardens Parkway Boulevard, or provision of additional parking spaces by a permanent (perpetual) alternative means for the project as defined in Conditions 34 and 35, shall be completed within one (1) year of the determination that the on-site parking is 90% occupied. (City Engineer) - 37%. If the second parking garage is not completed as determined by the issuance of the certificate of completion within one year of the determination that the on- site parking is 90% occupied, then no additional Certificates of Occupancy or tenant occupational licenses shall be issued until said parking garage is completed. (Planning & Zoning, City Engineer) - 3838. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall construct all of the required improvements referenced in the traffic analysis for the project prepared by Kimley-Horn & Associates, Inc., dated May 2003. (City Engineer) 7 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 6,2005 Resolution 120,2005 - 3948. The Applicant shall grant to the City a temporary construction easement 20 feet wider than the proposed footprint of the parking garage located on the west side of the entrance off of Gardens Parkway Boulevard, complete with access to a public roadway, as reflected on the “Alternate Site Plan,” Exhibit “D,” attached hereto. Said easement shall be conveyed to the City by a separate instrument within thirty (30) days from the date the City Council approves the additional parking spaces as determined in Conditions 34 and 35 above. 4044. Lighting locations shall not conflict with landscaping, including long-term tree canopy growth. (Police) 4142. All lighting for parking lots and pedestrian walkways shall be metal halide. (Police) w. Non-glare building lighting shall be installed around perimeter on all sides and on pedestrian walkways. (Police) - 4344. All entry signage shall be lighted. (Police) - 4445. The Applicant shall provide timer clock or photocell lighting for nighttime use above or near entryways and all exits, including emergency exits. (Police) 4546. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide to the City details of the commercial numbering system for emergency response purposes in an 8 %” X 11” map format. (Police) - 4642. Numerical addresses shall be illuminated for nighttime visibility and not obstructed, have bi-directional visibility from roadways, be unobstructed, and be placed at front and rear of business. (Police) 4748. All ATMs on site shall comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police) 4848. All structures shall be target-harden to include buildings pre-wired for an alarm system; doors equipped with a metal plate over the threshold of the locking mechanism; rear doors have 180-degree peephole viewers; and perimeter doors equipped with hinges that utilize non-removable hinge pins. (Police) - 49W. The lighting design for the two (2) parking structures shall incorporate both vertical and horizontal luminance; provide lighting into the edges of parking stalls and over parked vehicles; provide vandalism resistant lighting fixtures; provide metal halide; provide lighting fixtures positioned to minimize glare; and provide lighting fixtures around the exterior of both structures. (Police) - 5054. All stairwells serving the parking garage shall have open metal handrails and steps. (Police) 8 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4! 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4 Date Prepared: September 6,2005 Resolution 120, 2005 - 5152. All elevators shall be equipped with emergency two-way communication. (Police) - 5253. Elevators shall not be equipped with stop buttons. (Police) - 5354. The Applicant shall work with the Police Department to develop a high- resolution digital closed-circuit security system with recording and photo processing picture or video printout capabilities. The system shall be designed to include a minimum of twelve (12) digital cameras, with the ability to be expanded if warranted by mutual agreement between the Applicant and the Police Department. Forty-five (45) days following the opening of the theater, the Applicant will conduct an on-site meeting with the Police Department for the purpose of confirming the most effective camera locations. The system shall be installed and fully operation within four (4) months of the opening of the theater. (Police) - 544%. Prior to the issuance of first Certificate of Occupancy, convex mirrors shall be installed in all stairwell and elevator areas. (Police) 55. At the discretion of the Growth Manaqement Administrator and with the approval of the Citv Engineer. a Certificate of Occupancy for Buildinq K, also referred to as “Whole Foods,” may be issued in advance of completinq all Site and Lake Area Site Plan improvements required by this Development Order. (Planning & Zoninq) 56. Per Section 78-324 of the City’s Land Development Requlations, within six (6) months from the effective date of this Resolution, the Applicant shall install all landscapinq associated with the center island medians and road shoulder on Alternate AIA from Gardens Boulevard to Kyoto Gardens Drive, based on the approved FDOT PGA Flyover Plans. The Applicant may be qranted a three (3) month extension by the Growth Manaqement Administrator, provided the Applicant has demonstrated proqress in the completion of the landscapinq. (Planning & Zoninq) 57. Simultaneously with the installation of the Alternate AI A roadway landscapinq, the Applicant shall remove the existing sidewalk and install the meanderinq sidewalk adiacent to Alternate AIA from Gardens Boulevard to the site inuress/eqress off of Alternate AIA. (Planning & Zoninq) 58. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall install all buffers alonq AIA, Gardens Boulevard, and Kyoto Gardens Drive, and the west side of the Lake Area Site Plan. (Planning & Zoninq) 59. The Applicant shall copy to the City all permit applications, permits, certifications, and approvals. (City Engineer) 60. The construction, operation, and/or maintenance of any elements of the subiect proiect shall not have any negative impacts on the existinq drainage of surrounding areas. If, at any time durinq the project develownent it is determined 9 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: September 6,2005 Resolution 120, 2005 bv the City that any of the surrounding areas are experiencinq neqative drainaqe impacts caused bv the project, it shall be the Applicant's responsibilitv to cure said impacts prior to additional construction activities in a period of time and a manner acceptable to the Citv. (Citv Enqineer) 61. The Applicant shall complv with all Federal Environmental Protection Agency [EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, includinq, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Manaaement Practices, as qenerallv accepted bv the EPA and/or local requlatorv aaencies, for construction activities; submission of a Notice of Intent to EPA or its designee; implementation of the approved plans; inspection. and maintenance of controls durinq construction: and submission of a Notice of Termination. (City Enqineer) SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. 2. 3. 4. 5. 6. 7. 8. Section 78-344(1)(1)aI Standard Space, to allow for a 9.5-foot parking stall width for the two (2) parking garages 1 and all surface parkinq areas on site. Section 78-1 53, Maximum Building Height, to allow for a height of 45 feet for two (2) story buildings, 62 feet for the theater building, and 75 feet for the arch feature. Section 78-344(e), Wheel Stops, to allow for head-to-head parking spaces by eliminating the wheel stops. Section 78-319(a)(l), Landscape Buffer Width, to allow a zero (0) foot buffer along Victoria Gardens Drive. Section 78-320(a)(4), Foundation Planting, to allow no foundation planting by entrances and service areas. Section 78-153, Street Side Setbacks, to allow for a zero (0) foot setback adjacent to Victoria Gardens Drive. Section 78-147, Outdoor Sales, to allow for up to seven (7) kiosks on site. Section 78-285, Permitted Signs, to allow for six (6) tenant signs for Building A, one (1) tenant sign for Building I; one (1) tenant sign for Building M1; one (1) tenant sign for Building M2; aRe four (4) project logo signs,; one (1) additional tenant sign on the north elevation for Building K; two (2) additional siqns on the bridge between Buildings A and B/C (facinq north and south); three (3) additional sians on Building B/C (two (2) facinq northeast and one (1) facinq south); two (2J additional sians on Buildina D/E (facinq north and southeast): two (2) additional 10 Date Prepared: September 6, 2005 Resolution 120,2005 signs on Buildinq G/H (facinq east and south); and one (1) additional sian on Building I/J (facing north).. Section 78-341, Intent, to allow for on-street parking along Victoria Gardens 3 4 5 Drive. 6 7 8 9 10 I1 12 13 14 15 16 17 18 along Alternate A-1 -A. 19 20 21 22 23 9. 6 IO. A waiver from Section 78-285 of the City’s Land Development Regulations to permit seven (7) additional project identification signs located at four (4) different buildings within the project, as depicted in the Master Siqnage Pian. 11. A waiver from Section 78-285 of the City’s Land Development Regulations to permit letter heights of 42 &inches for one (1) principal tenant sign for the theater on the west elevation of the project, and 42 inches for two (2) Principal tenant signs on the bridqe connecting to the theatre building. 12. A waiver from Section 78-315(b) of the Citv’s Land Development Regulations to permit more than nine (9) parking spaces between landscape islands in areas 13. A waiver from Section 78-313(e) of the Citv’s Land Development Reclulations to permit less than 100% screeninq for service court areas from public view. 14. A waiver from Section 78-319(b)(4) of the Citv’s Land Development Regulations to permit the proiect‘s landscape tvpe to be less than the required threshold of 75% of the Citv’s preferred plant list. SECTION 3. This site plan amendment approval shall be in compliance with the t 27 28 29 following plans on file with the City’s Growth Management Department: 30 1. 31 32 33 2. 34 35 36 37 3. 38 39 40 4. 41 42 43 5. 44 45 46 6. 47 Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, revised !vla&vQ 2W3 September 1. 2005, Sheet 1. Master Plan, by Cotleur Hearing, Sheet 3 (revised &y-2?+&B- September 12, 2005). Sheet 4 (FewseB-AfHtclr?, 20!33- September 12, 2005), and Sheet 5 (- 22,- September 12, 2005). Lake Area Site Plan, by Cotleur Hearing, revised May 22, XKU Julv 6, 2005, Sheets 6 and 6.1. Site Details, by Cotleur Hearing, revised Jawtay- , September 12, 2005, Sheet 7. Hardscape Plan, Courtyard Enlargement, by Cotleur Hearing, revised &xtl--% 2W3 SeDtember 12, 2005, Sheets 14 and 15. Id- v, LA 1 1 11 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: September 6,2005 Resolution 120,2005 Second Level Floor Plan Bldas. B/C and DIE Sheets A.2.B.2. and A2.D2.. Floor Plan Bldqs. G/H and I/J bv JPRA Architects dated December 20. 2004. Exterior Elevations bv JPRA Architects, Sheets A.5A.1, A5.BDG.1, and A5.HIKL.1 (3 Paaes) dated Februarv 11, 2005. 7. Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC, dated in qg~ ,& October 31,2004. 8. Site Amenities, by CommArts, Inc., dated November 15, 2002, Sheets 1-9. 9. Master Sign Plan, by , . JPRA Architects, dated l4wemkw ?5, 2W n4 , Sheets 1-34-7. IO. Master Plan, “Alt. Plan Includes West Garage, by Cotleur Hearing, revised May 22,2003. 11. Downtown at the Gardens, Cover Sheet and site and landscape plans, by Cotleur Hearing, Sheets 1 - 15, revised €lktelw 23, W September 12.2005. 12. A Mixed Use Development Downtown at the Gardens, Perspective Views, Architectural Drawings, Building Signage Program, and East Garage, by OGS&P, Sheets AI.1, A2.1, A-3.1, A-4.1 - A-4.4, A-5.1, A-6.1, and PG-1, dated September 29,2003. 13. Landscape Plan, by Cotleur Hearinq, revised September 12, 2005, Sheets 8 and - 9. 14. Landscape Plan, Courtvard Enlarqements, bv Cotleur Hearinq. revised September 12, 2005, Sheets 10 and 11. ?5. Lake Area Landscape Plan, bv Cotleur Hearing, revised September 12, 2005, Sheet 12. 16. Landscape Details, bv Cotleur Hearinq, revised September 12, 2005, Sheet 13. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not expressly modified herein shall remain in full force and effect. SECTION 5. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 12 . - . . . 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 a 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: September 6,2005 Resolution 120, 2005 PASSED AND ADOPTED this dy day of Jepremflcd , 2005. ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT -- AYE NAY ABSENT J --- ;LA \\Pbgsfile~ltorney\altorney_share\RESOLUTlONS\downlown at the gardens - reso 120 2005.doc 13 0 3 43 Downtown At The Gardens a CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 17,2004 The June 17,2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:08 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the pledge of allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Clark, Councilmember Delgado, and Councilmember Levy. ADDITIONS, MODIFICATIONS AND DELETIONS: Mayor Jablin reported Cotleur & Hearing had requested an addition, which was a waiver request for Borland Center and RAM Development to reduce the 23-day time requirement between hearing by the Planning, Zoning and Appeals Board and the first consideration by City Council. Deletion was requested of Resolution1 38,2004. Councilmember Clark moved approval of the additions and deletions as read into the record by the Mayor. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. ANNOUNCEMENTS / PRESENTATIONS: Beautification and Environmental Awards - City Forester Mark Hendrickson introduced Donna Wisneski, Chair of the Community Aesthetics Board, formerly Beautification and Environmental Committee, who recognized other members of the committee and presented the awards. Recipients were PGA Commons for commercial, Frenchman’s Reserve for residential. Economic Development Oversight Committee - Dolores Key, Economic Development & Marketing Administrator, reviewed the first year accomplishments of the committee, which included identification of growth areas within the City and a targeted expedited permitting program, which had been instituted for business applications. The committee submitted recommendations regarding the Scripps project. Ms. Key reported that the committee had been designated to be an advisory board, and recognized the committee members. Vice Mayor Russo thanked Ms. Key, the City Manager, and other staff for their work. Ms. Key introduced the team who had attended Bio 2004, an international convention, which provided contacts of companies interested in the Scripps project. Other staff members reported the amazing response experienced for the project at the convention. Quarterly Financial Report - Financial Director Allan Owens provided the quarterly financial report for the period ending March 3 1, including the general fund revenue and expenses, and performance of various funds. Workers comp claims were down and bonds for stormwater were in place; and other debt had been paid. New audit reporting requirements were in process. Proposed County Annexation Referendum - City Attorney Christine Tatum presented a draft of the County’s ordinance and explained that a workshop meeting was scheduled for the next week. The County would develop a map containing hture annexation areas for all the cities; and proposed rural communities could only be annexed by a super majority vote of the County Commission and a referendum. The City’s response would urge the County not to establish this proposed referendum. Mayor Jablin reported he and Growth Management Administrator Charles Wu had attended a meeting regarding this at Juno Beach where several municipalities objected to this initiative. Councilmember Delgado reported Palm CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 2 Beach County League of Cities representatives from the whole county had put together resolutions of opposition. Vice Mayor Russo expressed concern that some form of control must be instituted before development in the groves, because of traffic concerns. Mr. Wu indicated this was a heavy-handed approach, and there should be another avenue for a solution. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported as a representative of Treasure Coast Regional Planning Council, she had invited staff to attend meetings of the Council regarding the Scripps project, and listed highlights of the work done to date. Councilmember Levy reported he had attended a meeting at the high school regarding the Scripps property, where contentious remarks were made because of environmental concerns. Councilmember Levy explained that the current use of chemicals in the orange groves was a more dangerous situation than would exist after development because stormwater runoff could be treated before it left the property after development. Vice Mayor Russo requested a report at the next meeting of the money the City had spent on the Vavrus property in case the upcoming closing did not take place. Councilmember Clark reported MPO had met that day and had voted to authorize DOT to consider various alternatives to extend State Road 7 northward to Northlake Boulevard. Proposed bike lanes had also been discussed at length, and the proposed plan for the Delray Beach area had been approved. Councilmember Clark requested time at the end of the meeting to discuss another matter. CITY MANAGER REPORT: Acting City Manager Jack Doughney reported City Manager Ferris was back a couple of hours each day and was also in contact via computer and was listening to this meeting. Mr. Doughney commended the Scripps team. Mayor Jablin also extended compliments to the team. Jim Jacoby was thanked for delivering the Right of Way Deed to Kyoto Gardens Drive that day. COMMENTS FROM THE PUBLIC: Joan Elias, 1009 Diamond Head Way, reported she had attended the Scripps meeting, and had been proud to be a resident, and commented this project would affect the City positively. Carol Estrada, 309 Riverside Drive, thanked the City for the progress being made on MacArthur Boulevard, commented on graffiti, and requested a detour sign at Lighthouse Drive and Alternate A1A. Mayor Jablin reported the graffiti had been painted out immediately. Vito DeFrancesco, 1049 Shady Lakes Circle, reported developers requested something and laws were being changed to accommodate them. Mr. DeFrancesco advised there was an upcoming proposed change in liquor licenses, proposed deletion of two public hearings, and the upcoming items to be considered by Planning and Zoning had been removed from the website, which had been a tool for residents to know what was coming up. Mr. DeFrancesco requested that information be placed back on the website. Mr. DeFrancesco thanked Councilmember Clark for his work on the Council, and also all the other Councilmember’s. Attorney Tatum addressed the public hearing issue, and explained no changes had been made in public hearing requirements. Staff was requested to provide Mr. DeFrancesco with the proper information regarding the public hearings issue. CONSENT AGENDA: Councilmember Clark moved approval of the Consent Agenda with inclusion of Resolution 138,2004. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The following items were approved on the Consent Agenda: CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 3 a. b. C. d. e. f. h. 1. j. Approve Minutes from April 15,2004 regular City Council meeting. Approve Minutes from May 6,2004 regular City Council meeting. Resolution 94,2004 - Benjamin School Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Benjamin School Plat; and providing an effective date. Resolution 123,2004 - Grande at Palm Beach Gardens Plat No. 2 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Grande at Palm Beach Gardens - Plat No. 2; and providing an effective date. Resolution 124, 2004 - Voluntary compliance of the Countywide Fire Rescue Minimum Level of Service Standards. A Resolution of the City Council of the City of Palm Beach Gardens, Florida expressing the commitment to comply with voluntary minimum fire-rescue level of service standards; and providing an effective date. Resolution 126,2004 - Military Trail Improvement Grant Fee waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida related to the Military Trail Improvement Grant Program; waiving all applicable building permit fees and development application fees for eligible projects; and providing an effective date. Resolution 132, 2004 - Proposed agreement between the City of Palm Beach Gardens and Evergrene Community. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for traffic control jurisdiction between the City of Palm Beach Gardens and the Evergrene Master Association; and providing an effective date. Resolution 133,2004 -Approve work authorization to LBF&H. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization for engineering services with LBFH, Inc. to provide geotechnical services, engineering, landscape, architectural, permitting services, and construction phase services related to the construction of the Bums Road Community Recreation Campus Aquatic Facility splash area; authorizing the Mayor and the City Clerk to execute the same; and providing an effective date. Proclamation - MAP -- International Association of Administrative Professionals Florida Division Annual Meeting. Resolution 138,2004 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida opposing Palm Beach County’s proposed Charter amendments and implementing Ordinances which would preempt Municipal authority to voluntarily annex real property into Municipal boundaries; urging the Board of County Commissioners not to adopt such Ordinances; and providing an effective date. PUBLIC HEARINGS: The City Clerk swore in all those intending to testify in any of the quasi-judicial hearings. Resolution 119, 2004 - Frenchman’s Creek Clubhouse Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan amendment petition of Land Design South, agent for Frenchman’s Creek, Inc. for the clubhouse facility at the Frenchman’s Creek Planned Community Development (PCD), located East of Alternate A1 A, South of Donald Ross Road, and North of Hood Road, as described more particularly herein, to allow for the relocation of three tennis courts, increased vehicle and PART I -- QUASI-JUDICIAL CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 4 golf cart parking, a 5 12 square-foot expansion of the existing pro shop, and the addition of a refreshment stand; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 119,2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 1 19,2004 and called for any ex-parte communication by the Council. Councilmember Levy reported he had spoken with staff, Vice Mayor Russo reported speaking with Bernie Poselli, Mayor Jablin reported speaking with Bernie Poselli and other members of the Frenchman's Creek community, Councilmember Clark reported no ex-parte communication. Brad Wiseman presented the staff report. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 119, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. Ordinance 13,2004 -Borland Center for Community Enrichment 2"d reading. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of land consisting of 47 acres, more or less, located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, from Planned Development area (PDA) to a Mixed Use Planned Unit Development (MXD PUD) overlay with an underlying zoning of mixed use (MXD) to be known as the Palm Beach Community ChurcWBorland Center PUD; revising the zoning district map; and providing an effective date. (Resolution 92,2004 is a companion item to Ordinance 13, 2004 and will require Council action.) Resolution 92, 2004 - Borland Center for Community Enrichment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver of the residential requirement within a mixed use project to allow for a mixed use Planned Unit Development (PUD) utilizing non-residential mixed use intensities and measures; approving the master development plan for the approximately 47-acre property, known as the Borland CenterIPalm Beach Community Church (a.k.a. Parcel 6.01A), located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, to allow the development of64,533 square feet for a cultural center and church facilities (500-seat small theaterkhurch facility with accessory uses and 300-seat banquet hall), 64,025 square feet for retail/commercial use, 19,950 square feet for restaurant use, 10,900 square feet for professional office use, and 225 multi-family units; granting conditional use approval for a 500-seat small theater use/church and 300-seat banquet facility; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 13, 2004 by title. Mayor Jablin read a letter from the law firm of Holland & Knight, representative for the applicant, requesting a delay of 60 days. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 13, 2004. Ex-parte disclosures since the last hearing were as follows: Councilmember Delgado spoke to staff, Councilmember Levy spoke with Ray Royce about the agreement, met with Casey Cummings, Mike Gleaman, Bob Zucano, Hank Gonzales, Mr. Mann, and Kayhart Pinder and discussed drainage for the site, garage design, and traffic concurrency. He then had a phone conversation with Mike Gleaman later that day regarding traffic concurrency. Vice Mayor Russo reported he spoke to Ray Royce, Casey Cummings, Dr. Underwood, Richard Orman, Mr. Gleaman, and staff. Councilmember Clark spoke with staff and Casey Cummings regarding the settlement agreement. Mayor Jablin spoke with Dr. Orman and Casey Cummings. Councilmember Delgado reported she had also spoken with Casey Cummings and Adrian Salee. Vice Mayor Russo reported he also spoke to Tom Keatis. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 5 Robert Davis, 1 18 Orchid Cay, advised that advertisements in the newspaper for changing zoning were very hard to read and should not be in the sports section. Mayor Jablin explained that size was due to cost. Dr. Davis suggested holding a meeting once a year to explain things such as the difference in MXD residential and MXD non-residential, PGA overlay, etc. Dr. Davis commented his understanding was the PGA Overlay amendment limited theaters to 500 seats except for churches, and suggested that might need to be discussed with Borland. Bruce Honick, Shady Lakes, expressed concern with Borland being able to utilize commercial zoning to build something not in Keyping with the feeling of a residential neighborhood . Vito DeFrancesco, Shady Lakes, distributed a copy of the City’s LDR’s and noted there was only one non-residential development listed in the comp plan and LDR, which was non-residential MXD, and read aloud the definition. Mr. DeFrancesco’s position was that the requested waiver was incorrect and would cause problems, and explained the undisclosed portion of the property bothered him. Margaret Smith, Thyme Drive, expressed concern regarding increased traffic since her back property went to Shady Lakes Drive, expressed concern regarding drainage, and requested mitigation of adverse impact to her property by some type of barrier and moving Shady Lakes Drive more to the east as soon as possible. Ms. Smith advised Mike Deskin and his wife had photos of an eagle’s nest in the area where the Borland Center was to be developed, but they were not present. Dr. Richard Orman, 4203 Oak Street, advised the PGA Residents’ Corridor Coalition had an agreement to work together with Borland, the Commons, and the City to put a pedestrian crossing on PGA Boulevard, asked that the PGA overlay include uses and intensity of uses before consideration by City Council, and commented Borland had agreed to be bound by the conditions of the PGA Overlay amendment and requested that be a condition of the development order. Mr. Onnan indicated the eagle that had visited his neighborhood 3 ofthe last 4 winters had nested at the Ritz Carlton site, and he had not seen it this year. The City Attorney clarified for the record that the City was not a party to the settlement agreement that had been mentioned. There would be a public hearing August 5 if this public hearing was continued tonight, and the Council would make their decision based on the evidence presented to them. Ray Royce on behalf of the applicant commented each member of the Council would receive a signed copy of the settlement agreement and a letter requesting moving forward with the PGA Boulevard overlay and a waiver not to exceed a 500-seat theater. Mr. Royce requested this petition be continued until August 5, and indicated to be sure everything was handled properly that the applicant had agreed to go back to Planning and Zoning and then back to City Council. A waiver of the 23-day provision was requested so that the August 5 date could be met. Vice Mayor Russo stated he would not be present on August 5, and thanked everyone for working together. Councilmember Levy indicated he might not be present August 5. Councilmember Clark indicated he might not be present for other reasons. Mr. Morrell, who represented the PGA Corridor Coalition, three adjoining neighborhoods, and 13 individuals, agreed with everything requested by the applicant. Mr. Wu cautioned if this was continued until August 5 and there was not a quorum it would not continue. Consensus was to continue to July 15, when it could be continued again. Councilmember Clark made a motion to continue the public hearing on Ordinance 13,2004 and Resolution 92, 2004 to a date certain of July 15, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. Resolution 139.2004 - A Resolution of the City Council of the City of Palm Beach Gardens, CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 6 Florida approving a waiver from Section 78-43 of the City’s Land Development Regulations to reduce the minimum 23-day waiting period for the proposed Borland Center/Palm Beach Community Church Development application for a parcel of land located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein; and providing an effective date. The City Clerk read Resolution 139,2004 by title only. Major Jablin declared the public hearing open and called for ex-parte communication. Councilmember Levy reported he had spoken to the City Attorney regarding this matter. The other members reported no ex-parte communications. Vito DeFrancesco commented there had been procedural errors, some of which this might correct, but he wanted it on the record that it had happened, ex-parte had not happened, cross examination had not taken place, and a lot of things had not happened correctly. Mr. DeFrancesco expressed his opinion this had not been posted correctly because there was still no posting on the piece of property going up Shady Lakes Drive, which extended 1600 feet, and code required a sign every 500 feet. Ray Royce commented when these items were called to attention, it was clear everyone wanted to do it right and the applicant was not agreeing anything was done wrong but was willing to go back to P&Z to be certain everyone got heard. Mr. Royce commented all kinds of signs had been posted and neighbors had requested some of them be taken down, to which staff had agreed, but stated they would post so many signs you would not be able to see the trees. Mayor Jablin commented substance was one thing, and there had been no intention in any way to circumvent the code or any laws, and that was not done in Palm Beach Gardens. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 139, 2004. Motion was seconded by Councilmember Delgado and carried by unanimous 5-0 vote. Resolution 105.2004 - Amendment to the Regional Center DRI/PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending Resolution 96,1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD); amending the Master Development Plan to allow for modifications to the conversion matrix to allow the conversion ofhotel rooms and business and research office to no more than 238 multi-family residential units on Parcel 27.09 and to modify the established minimum thresholds for these uses within the DRVPCD; authorizing the City Clerk to transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owner’s Association, Inc., and the Mall Residence Hotel, LLC; and providing an effective date. The City Clerk read Resolution 105,2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 105, 2004, and called for ex-parte communications. Councilmember Delgado, Councilmember Levy, and Vice Mayor Russo each reported they had met with staff and had also spoken with John Gary. Councilmember Clark and Mayor Jablin both reported they had spoken with John Gary and John Sapo. Mayor Jablin reported he also spoke to Jim McCovey and Craig Menin. Growth Management Division Director Tala1 Benothman presented the proposed amendment. John Gary spoke representing Mall Properties, LLC, and Kolter Properties, who had entered into an agreement to purchase the property. Discussion ensued. Craig Menin, owner of the rest of the undeveloped property at the mall, indicated that property would be the place to have a high-end business hotel, which would be gone if this were approved. Mr. Menin asked that a conccptual site plan be attached to the NOPC. Dr. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 7 Robert Davis commented he was at Planning and Zoning during consideration of Landmark and they were told that was the last residential area allowed in the DRI. Dr. Davis expressed his opinion changes should not be done over and over again, and questioned if this would really be the last of the residential. Mr. Benothman clarified past statements by staff. Hearing no further comments fiom the public, Mayor Jablin declared the public hearing closed. Councilmember Clark moved approval of Resolution 105, 2004 with the amendment of adding a paragraph “c” in Section 3 to provide that the maximum height of any structure on parcel 27.09 shall be 140 feet. Councilmember Delgado seconded the motion. Councilmember Levy stated for the record that he agreed with the amendment; however, he was going to vote against this and did not want it to be known that he voted against the amendment. Motion carried by 4-1 vote, with Councilmember Levy opposed. Following a short break, the meeting was reconvened. Ordinance 14. 2004 -Amending section 2-294. code of ordinances entitled “bidding threshold” (2nd reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to purchasing; amending Section 2-294, Code of Ordinances entitled “Bidding Threshold”; creating a new Section 2-295 to be entitled “Purchasing Procedures”; repealing Sections 2-301 through 2-304, inclusive, in their entirety; providing for codification; and providing an effective date. The City Clerk read Ordinance 14,2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 14, 2004. Hearing no comments fiom the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 14, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. Ordinance 15.2004 -Personnel System (2“d reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the Personnel Program; repealing Articles 1 through 10, inclusive, of Chapter 3, Code of Ordinances; creating a new Article 1 to be entitled “Personnel System”; providing for codification; and providing an effective date. The City Clerk read Ordinance 15,2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 15, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 15, 2004. Councilmember Delgado seconded the motion, which camed by unanimous 5-0 vote. Ordinance 22. 2004 -Repealing Article 111 of Chapter 70, Code of Ordinances. entitled ‘‘Parking. Stopping. and Standing” (2”d reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to parking; repealing Article 111 of Chapter 70, Code of Ordinances, entitled “Parking, Stopping, and Standing” in its entirety; creating a new article 111 of Chapter 70, Code of Ordinances, to be entitled “Parking, Stopping, and Standing;” providing for enforcement; providing for codification; and providing an effective date. The City Clerk read Ordinance 22,2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 22, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 22, 2004. Councilmember Delgado seconded the motion, which camed by unanimous 5-0 vote. RESOLUTIONS: 0 PART I1 - NON-OUASI-JUDICIAL 0 CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 8 Resolution 128.2004 - Approve a contract award to West Construction. Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to West Construction, Inc. for the construction of the Lake Catherine Sports Complex clubhouse and all related appurtenances; authorizing the City Manager to take all actions necessary to complete the project in a timely manner, including, but not limited to, administrative site plan approval, as well as to make all expenditures necessary to complete the project, provided that the amount of such expenditures does not exceed the total amount budgeted for this project; and providing an effective date. Todd Engle, Construction Services Director, presented the staff report. Mayor Jablin requested consideration of replacing one existing flagpole with a taller flagpole for the American flag. Vice Mayor Russo moved approval of Resolution 128, 2004. Councilmember Clark seconded the motion, which carried by unanimous 5-0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Mayor Jablin reported the Northern Palm Beach County Improvement District was going to elect two new members to its board next Wednesday and he had pushed to get a homeowner representative on that board. Of the three candidates, Marilyn Jacobs would fit that criteria, and Mayor Jablin asked that he be able to write a letter of support for her. The attorney advised the Council could vote their property. Discussion ensued. Consensus was a letter could be written by the Mayor personally, but not on City stationery. Councilmember’s Levy and Delgado indicated they were not comfortable endorsing a specific candidate. Discussion ensued. Councilmember Clark made a motion that the City of Palm Beach Gardens vote its property interest in the Northern Palm Beach County Improvement District election in favor of Marilyn Jacobs. Vice Mayor Russo seconded the motion, which carried by 4-1 vote, with Councilmember Delgado opposed. Mayor Jablin advised this issue would be discussed further during the budget process. Councilmember Clark announced that after 1 1-1/2 years of service on the City Council, he and his family were under contract to purchase 5 acres outside the City where they could raise horses, and he would continue to serve on the City Council so long as he maintained his residence within the City, but when he no longer maintained residence within the City he would resign. Councilmember Clark noted he would coordinate when he knew dates, to reduce costs to the City in terms of having to hold a special election, and although he was excited about a new venture, he was pained by having to leave the Council and had not intended to do so. Councilmember Clark noted August 3 1 was the first date a special election could be held and that other circumstances could make a 4-person council for up to four months, and indicated he was trying to work with the Council and would do his best to ease the transition. Mayor Jablin expressed his opinion that Councilmember Clark had been an incredible addition to this City Council, and anything the City could legally do to keep him on the Council so as not to hold a special election would be done, since there were many projects coming up this summer. Vice Mayor Russo expressed his regret at losing Councilmember Clark but admired that he was doing something for his family, and indicated the Council would be happy to do whatever they could. Councilmember Delgado applauded the decision for his personal life and indicated he would be missed. Councilmember Levy commented he would miss having two David’s on the Council. On behalf of Mr. Ferris’s staff, it was stated Councilmember Clark would be missed. Mr. Wu commented if Caloosa was annexed, Mr. Clark would be eligible to run again. Joan Elias recalled the first Council meeting she attended under Mayor David Clark, and indicated it had been a pleasure CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 9 watching him over the years and she hoped his new home would not close for another 3-4 months. Mayor Jablin commented the photographs of all the past mayors would be re-framed and included as part of the history of the City. CITY ATTORNEY REPORT: City Attorney Tatum reported the City had had a tremendous success in the Vavrus case, with the judge ruling in favor of the City on each of the ten counts that Mr. Vavrus had brought against the City. The City still had a pending count that asked for a mandatory injunction to abide by the City’s code and also to re-forest the northern 225 acres that were cut down. The judge had asked both sides to submit proposed orders and he would rule on them without any more hearings, but the City was hopeful they would get additional relief there. The City would file to seek recovery of some of their attorneys’ fees, which would go to the League of Cities, which had been covering the attorneys’ expenses. Attorney Tatum recognized the work of staff on this case, especially City Forester Mark Hendrickson who had assembled thousands of documents and sat representing the City and did a remarkable job, and also congratulated the litigation attorney, Rusty Roberts, whose dedication had been commendable. The final judgment in this case would be filed as part of the summary judgment in the Federal court case, scheduled to be heard this summer. Mayor Jablin congratulated Attorney Tatum and everyone on staff who was involved. ADJOURNMENT: There being no further business to was adjourned at 1050 p.m. n APPROVAL: - MAYMABL VICE MAYOR RUSSO COUNCILMEMBER L6Y ATTEST: CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 r PATRICIA SM%R CITY CLERK- 10 PROJECT NARRATIVE Gardens Pointe/Parcel2 7.09 IQ 3fJ@ 1 u, Y Revised March 1,2006 Requesthocation This is a request for Site Plan approval of Gardens Pointe (a.k.a. Parcel 27.09) within the Regional Center DRI. The proposed plan of development is for 240 multi-family units on 6.64 acres. Gardens Pointe is located on the northwest corner of the intersection of Fairchild Gardens Avenue and Kyoto Gardens Drive. The site is surrounded on the north by the Landmark residential towers, on the west by Downtown at the Gardens, east by Fairchild Gardens Avenue and the south by Viridian Office Park and the Palm Beach Gardens Medical Pavilion. The community is comprised of 214 condominiums within two towers, which are encircled by 26 two-story town homes. The towers respect the 140 feet maximum height established by Resolution 105,2004. Included in the design of the project is a community clubhouse facility. History Parcel 27.09 is the last remaining parcel to be developed within the Regional Center Development of Regional Impact and Planned Community Development. On June 17, 2004 Resolution 105,2004 was approved to allow for modifications to the conversion matrix to allow the conversion of hotel rooms and business and research office to no more than 238 multi-family residential units on Parcel 27.09 and to modify the established minimum thresholds for these uses within the DRVPCD. The San Matera and Harbour Oaks projects within the Regional Center were approved by Administrative Amendments which lowered the overall density by three dwelling units for this project. Two of these three units are being transferred to the Gardens Pointe site for the final count of 240 units for the site. As part of the Resolution 105, 2004 approval, the maximum height of any building on Parcel 27.09 is limited to a maximum of 140 feet. The proposed building height is consistent with this approval. 0 Land Use and Zoning The PCD master development plan has an underlying zoning category for this site of RH - Residential High Density. Following is a chart which compares the proposed development to the RH code requirements. The PCD is also in compliance with all environmental ordinances of the City of Palm Beach Gardens. Surrounding Uses The site is surrounded on the north by the Landmark residential towers, on the west by Downtown at the Gardens, east by Fairchild Gardens Avenue and the south by Viridian Office Park and the Palm Beach GardensMedical Pavilion - all within the Regi nal Center DRI. OF PALM BCH GDNs 0 MAR 01 2006 Gardens PointeParcel27.09 March 1,2006 Page 2 0 TO THE NORTH : The Landmark - 166 condominiums within three residential towers TO THE SOUTH : Viridian'Office Complex and Palm Beach Gardens Medical Pavilion Existing Zoning and Land Use Designations PCD DRVPCD PCD DRVPCD . I EXISTING USE I ZONING I FUTURE LAND USE I SUBJECT PROPERTY: Vacant I PCD TO THE EAST : The Gardens Mall I PCD ~ ~~ ~ TO THE WEST : Lake/Downtown at the Gardens ~ PCD Concurrency Traffic, Drainage and Utility Concurrency for this site were granted at the time of DRIPCD approval. Traffic No operational traffic improvements are required as a result of the development of this parcel. Site Access and Circulation Roadway access to the site is via entrances off of Fairchild Gardens Avenue and Kyoto Gardens Drive. The main entrance will be from Fairchild Gardens Avenue with the secondary entrance from Kyoto Gardens Drive. Extensive pedestrian access throughout the site has been provided through a system of sidewalks which connect the buildings and town homes to the site's open space and the recreational amenities. Sidewalk connections have been provided at numerous places to the pedestrian system around the adjacent lakes which connects the Downtown at the Gardens project with The Landmark and the requested Gardens Pointe development. The applicant, consistent with the approved master plan for the Regional Center, has provided public Gardens PointeParcel27.09 March 1,2006 Page 3 access open space along the abJdcent lake and adjacent to enhances this public lake park. ;yoto Gardens Drive, which : urther Phasing Development of this parcel will be in a single phase. However, the construction will be conducted in four phases. The initial phase will consist of the northern tower, the adjacent nine town homes and the clubhouse facility. The second phase consists of four free-standing townhouse units. The third phase consists of the southern tower and the nine adjacent town homes. The final phase completes the project with two, free-standing town homes. Construction phasing is expected to overlap. Use: PCD Code Comparison (RH) Compliance Waiver Requested Proposed Min Lot Width 100 feet 420'+ 35% 35% Mar Lot Coverage Max Building Height 45 feet 140 feet per Resolution 105,2004 139'-10" feet Yes fiom resolution yes fiom RH residential Min. Open Space 35 % 39.44% Front (S. Prop, Line) Kyoto Gardens Drive 30 feet, plus 1 foot for each foot over 2 stories (142' to towers) (30' to town homes) 64' to tower 38' to town homes no yes for tower Side Facing Street (E Prop Line) Fairchild Gardens Ave. 20 feet, plus 1 foot for each foot over 2 stories (1 32' to towers) (20' to town homes) 40' to tower 30' to town home yes for tower Side (W. Prop Line) 20 feet, plus 1 foot for each foot over 2 stories (132' to towers) (20' to town homes) 20' to tower 23' to town home no yes for tower Gardens Pointe/Parcel27.09 March 1,2006 Page 4 19 1885 9- 0 I Use: PCD Code Comparison Proposed Compliance Waiver (RH) Requested 20 feet, plus 1 foot for each foot over 2 stories (132' to towers) (20' to town homes) 80' to tower 20' to town home ~ ~~ yes for tower no Number Required 1 space per bedroom plus 5% of total for guest - 498 required 5 14 Stall Dimensions ~~ 10 feet x 18.5 feet 10 x 18.5' and no yes, for 9.5 foot 9x23 9 x 23 wide maces 9.5 feet x 18.5' 9.5 feet x 18.5 feet Buffers 20' landscape strip along 20' along Fairchild Gardens Yes Points 10,768 points 12,802 points Yes rlw and 20' Kyoto Gardens Drive Architectural Style This new community will feature two twelve-story high-rise Mediterranean style towers each consisting of nine (9) residential floors over three (3) levels of covered parking, with wrap- around townhouses and free-standing town homes. The site will be served by a public promenade and water feature along its western property line providing this premier project with continuous access to other on site amenities such as covered walkways, a private Mediterranean style clubhouse with casual sit down bar, social lounge, fitness center, pool and spa amenities. The two Mediterranean style towers contain 214 luxury high-rise residences with a maximum of 15 units per floor. Each of the two 140' towers are complimented by ten (10) low rise townhouses with 6 freestanding townhome residences, partially wrapping the parking garages, providing a more intimate residential scale and pedestrian friendly streetscape for the community. The high-rise units range in size from 1,185 to 2,637 square feet. The townhouses and town homes range in size from 2,185s.f. to 3,150s.f. featuring lush landscaped streetscapes, private garages, and private roof terraces with trellis. The total cost of construction represents approximately 50 million dollars with a total build out of 240 luxury residential units. Gardens PointeParcel27.09 March 1,2006 Page 5 19 3o(g ,& 0 Lighting Street lights will be field located to avoid conflicts with street trees and utilities. Lighting photometrics plans have been provided for your review. The applicant is seeking a waiver to allow for higher light levels within the parking garage for heightened vehicular navigation and general safety. Landscape Plans Proposed landscape planting includes a wide variety of palms, live oaks, various tropical shrubs and groundcovers. The applicant is proposing 12,802 landscaping points, which is over the landscaping points requirement however, does not include the 2,444 points for the Lake Plan Landscaping. The landscaping at the northwest corner of Fairchild Gardens Avenue and Kyoto Gardens Drive has been designed to reflect the comer landscaping treatment found within the Regional Center DRI. Parking Required parking is calculated based on a requirement of one space per bedroom plus 5% for guest parking. The parking requirement for the site is 498 spaces and the applicant is providing 514 on the submitted site plan application. All surface parking have been revised to reflect the standard 10-foot wide space. The majority of the parking spaces are provided within parking garages based on the bottom three floors of each residential tower. The free-standing town homes will feature garages and on-grade parking. Parallel parking has also been provided the project entrance off of Fairchild Gardens Avenue. Signage Two monument signs are proposed within the project. The main monument sign will be provided within the median of the Fairchild Gardens Avenue entrance. A second sign will be located at the secondary entrance off of Kyoto Gardens Drive. MaiVGarbage Mailboxes will be centrally located at the clubhouse. Garbage pick up will be through dumpsters located within the parking garage, which will be rolled out of the garage for service by Waste Management. The free-standing town homes will feature curbside service. Gardens PointeParcel27.09 March 1,2006 Page 6 0 WAIVERS Justification Statement Deviations from standard Land Development Regulations have been facilitated through the site plan approval process as part of the Planned Community Development District site plan approval process. The code allows and encourages ingenuity, flexibility and imagination in the design of development parcels within a Planned Community District. In turn for the consolidation of open space within a PCD, the code creates the need for flexibility in the application of setbacks and other standard Land Development Regulations within the development parcels. In that the Planned Community District regulations were created with this concept in mind, specific land development regulations were not included in the PCD- Planned Community District regulations at its inception. FRONT SETBACK The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Front, which requires a setback of 30 feet plus one foot for each foot of building height over two stories. The fiont setback for purposes of this project is measured along the Kyoto Gardens Drive right-of-way. The applicant is requesting a front setback, measured fiom the side of the town home at the southeast corner of the site, of 38’ to Kyoto Gardens Drive, which is consistent with City Code requirement of 30 feet. For the proposed south tower, the requested front setback is 64 feet. The required setback using RH standards is 142 feet for the residential tower. With the provision of the townhouses on the project, the applicant is providing a “stepped” massing of the buildings on the site from the adjacent properties. This will create less of an impact on the surrounding streetscapes than only the residential towers. 0 SIDE (FACING STREET) The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Side (Facing Street), which requires a setback of 20 feet plus one foot for each foot of building height over two stories. The side street setback for purposes of this project is measured along the Fairchild Gardens Avenue right-of-way. The setback proposed for the tower is 40 feet, while the tower’s setback requirement is 132 feet. Please note that the town homes meet the side street setback requirements. The current code does not address residential towers, which is a relatively new development pattern within the City. The residential towers provide for a luxury, residential condominium housing alternative in the midst of the City’s commercial area. This mixing of uses encourages pedestrian activity and reduces trips on the area roadways. 0 Gardens PointeParcel27.09 March 1,2006 Page 7 0 SIDE The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Side, which requires a setback of 20 feet plus one foot for each foot of building height over two stories. The side street setback for purposes of this project is measured along the Regional Center DRI lake feature. The setback proposed is 84 feet for the northern tower, while the setback requirement is 132 feet. The current code does not address residential towers, which is a relatively new development pattern within the City. The town homes surrounding the towers meet the Code setback requirements and provide for a step pattern of building massing which decreases the impact of the proposed buildings on the surrounding properties. The residential towers provide for a luxury, residential condominium housing alternative in the midst of the City’s commercial area. This mixing of uses encourages pedestrian activity and reduces trips on the area roadways. REAR The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Rear, which requires a setback of 20 feet plus one foot for each foot of building height over two stories. The side street setback for purposes of this project is measured along the Fairchild Gardens Avenue right-of-way. The setback proposed is 80 feet, while the setback requirement is 132 feet. The town homes surrounding the towers meet the Code rear setback requirements and provide for a step pattern of building massing which decreases the impact of the proposed buildings on the surrounding properties. The residential towers provide for a luxury, residential condominium housing alternative in the midst of the City’s commercial area. This mixing of uses encourages pedestrian activity and reduces trips on the area roadways. Please note that the applicant is providing 12,802 landscape points which is more than the City’s landscaping requirement. MINIMUM PARKING DIMENSIONS The applicant is requesting a waiver from Section 78-344 of the City Code in order to provide a minimum 9.5 foot wide parking spaces within the parking garages for the proposed north and south towers. City code require 10-foot wide parking spaces. All of the on-grade parking on the site meets City code requirements. Only 21 spaces in the north tower and 23 spaces in the south tower will be at the minimum dimension of 9.5 foot wide, The 9.5-foot wide spaces within the paking garages are within the industry standards for construction of parking garages across the country and allowed within other garages approved within the City. In fact, 9 foot wide space is typically the standard for a garage. The waiver is requested due to structural requirements for column placement in the garage. 0 Gardens PointeParcel27.09 March 1,2006 Page 8 0 PERMITS PRIOR TO PLATTING The applicant would like to request a waiver fiom Section 78-441( c ), to allow the issuance of building permits prior to the plat being recorded. Section 78-441 ( c ) requires: “All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the city council and placed in the official records of the county prior to the issuance of a building permit for the subject property.” It is the applicant’s desire to start construction of the sales trailer and a dry model upon site plan approval. The applicant understands that Certificates of Occupancy cannot be issued, that the units cannot be open to the public and that no dwelling units can be sold until the plat is recorded. The applicant is willing to provide for a bond for the cost of demolition of the units in accordance with previously approved waiver of this type. PARKING GARAGE LIGHTING The applicant is requesting a waiver from City Code Section 78-1 82 to allow for higher lighting 0 levels than are permitted by Code within the parking garage. City Code requires the maximum foot candle within parking lots to be 10.0 foot candles. The applicant is proposing a maximum of 46.8 foot-candles within the parking garage. The increase in individual foot candles within the parking garage will allow for heightened vehicular navigation and general safety. In previous development reviews, the City’s Police Department has expressed support for this waiver request. BUILDING HEIGHT The applicant is requesting a waiver from City Code Section 78-141 to allow for a building height of greater than 45 feet for the two proposed towers. Please note that building height for this parcel was discussed and approved by City Council through the adoption of Resolution 105, 2004, which includes a condition of approval which states, “The maximum height of any building on Parcel 27.09 shall be 140 feet.” The proposed towers within Parcel 27.09 (Gardens Pointe) have a maximum height of 140 feet, which is in compliance with the previous City Council discussion and approval. STACKING City Code Section 78-344(h) - Entrances and exits required stacking distances of “100 feet, or as otherwise approved by the city engineer.” The applicant is requesting a waiver for a minimum stacking distance of 64 feet. There are two entrances off of Fairchild Gardens Avenue less than 100 feet. The main drive entrance has 94 feet of stacking and the north parking area has 63 feet Gardens PointeParcel27.09 March 1,2006 Page 9 10 2885 I" of stacking. Stacking requirements are directly related to the traffic volumes of the entrance. The north parking lot only serves to 23 parking spaces so has minimal volumes. The main entrance would be classified as an intermediate drive with volume counts of 500 to 2000 trips. Intermediate drives are required to have 50 feet of stacking. Both of the Fairchild Gardens entrances exceed this county requirement. Thus 240 units at 7 daily trips is 1,680 trips, well within the classification (note each unit has 7 daily trips associated with it). Consequently, we are asking for a waiver of the 100 feet of stacking since these two driveways can be considered as intermediate drives based on County standards. LANDSCAPE AREA DIMENSIONS The applicant is requesting a waiver from City Code Section 78-287 ( c) to allow for the proposed monument sign to be located within the median at the project entrance. The referenced code area defines the minimum landscape area for a monument sign, but does not address any variations associated with the provision of median sign locations. As indicated on the attached plans, the median sign location is landscaped with quality materials and the applicant is providing in excess of the minimum landscape points. This is a typical waiver request and this request has been supported by City staff. 0 Model # Bedrooms Bathrooms SF # of Type 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 THA THB THC THFS UBTOTAL 2 2 3 2 2 2 I 2 2 1 1 1 2 2 1 2 2 2 2 2 2 2 3 2.5 3 2 2.5 2.5 1.5 2 2.5 1.5 1.5 1.5 2.5 2 I .5 3 2.5 2.5 2 2 2 2 2683 2338 2752 1785 2057 2277 1221 1960 2045 1285 1602 1463 2132 1904 1459 2805 2289 2562 2078 2751 2347 2595 20 20 20 42 18 12 6 18 10 10 4 6 4 2 4 2 8 8 16 2 2 6 240 GARDENS POINTE BREAKDOWN SUMMARY 20 3 BR 3BA (2752SF) 22 2 BR 3 BA (2683 to 2805 SF) 168 2 BR 2 / 2.5 BA (1904 to 2752 SF) 30 1 BR 1.5 BA (1285 to 1602 SF) 240 units , @ I .. .. I I *. 4 p. , r" \ 8'-4" m n i p II n . -0 r- c- E -4 3 n r i 0 I z 0 2 X --I C 7J m ffl 0 I m 0 c r m I SALES CENTER - SITE PLAN SCALE: ln 10'-0" GARDENS POlNTE Palm Beach County Florida ACI Architectural Group, Inc. - DPR n MMXW 51 5 NORTH FLAGLPR DRIVE SUITE 1400 WEST PALM BEACH, FLORIDA 33401-4339 Voice 561 8325599 Fax: (511) 255 4828 L an de cap e Arch itu re Site Pla n n i n E I I I .I Shrubs And Groundcovers ini Tree$ And Palms in m 'UL 7 LandscapcArchitureSitePlanning Landscape Architure SitePla n n i n g Gardens Pointe Palm Beach Gardens, Florida 4 Palm Beach Gardens, Florida Planning 0 000 0 1 =- .. .. %J Bg Q % 3 5. @ .. 9. a .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. io;. -i (J W-i h)r m iP !E @ -3 3 5. i; .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. kw 3s 2? PI) E i-! 11 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. !e& 88 t h? t I 6/ i il 7.0- I \\ Fairchild Gardens Avenue m M F k n I U I bl- fi I 3 Z m 7 I-z c) D I' I GARDENS POINTE PROJECT DIRECTORY C.TA PROJECT NO.: 04-0106 I - QWmA KOCTER PROPERN COMPANY 1601 FORUM PLACE. WlTE 805 WST PUU BUM. FLORIDA 334LIl EL: 561.6829500 FM 81.6821050 CRAW TH(YPSON L ASSCUATES mc. 5114 o(EECH0BE BOIMVMIO. SUITE 112 WST PALM BEACH. FLO7lDA 33417 TEL: 11.618.5010 FAX 11,6b%1037 2%3 NW 53rd STREET FORT UUDERDME FLLWDA 33309-6511 TEL: 954.739.6400 FAX 054.730.6U)o SCHWAE. PMTTY k HANSER ARCMTECTS 515 NWITH FLAUER WIVE. NlTE 14w WST PALM BEACH, FL 33401-43.39 SNART. FLORIDA 34997 Tn: 561.832.5599 FAX 561.655.4328 INNIllK DESIGN GROUP 325 SW SAINT LUNE STREET TEL: 772220.9711 FAX 772781.1MO DATE: 21JAN05 SCALE: 1.=40' DESIGN BI: J.WNlHEI -___ \ .._ \ _ - ...... - .. - ... .... 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GLASS AND wu. 1 PITTSBURGH PAINT JUTE 314-5 W 10LEFT TOWNHOUSE ELEVATIONS 05 LEFT TOWNHOUSE ELEVATIONS AF-3.1.1 5 1 i i 5 F r ✓ e r "(—r —�r r e r - r • r ./— I r r r ✓ r r r 11. r r r Cr r r■ r r r r r r • r r r e r r r e r r e e r r r r r e v e r e r r re rr r r r A M E N r r r r r et cr e e r e e l re r re ✓ r e▪ r• r• r• r e r e r• r r , e r r i I I i i 1 P 1 3 I 1 i i • 5 1 a I I i 3 I 1 I i 5 I ✓ r r r r r r r I- -- r ✓ r/?r r r e r e r ✓ r r e� r r r r r ✓ r r w e r e ti . ✓ Or l e t t e r ✓ r r ✓ Cr ✓ I C E I SITE PHOTOMETRIC PLAN SCALE 11-30'-0" I GARDENS POIIN7E Parcel 27.09 Palm Beach Gardens,Merida ACI Architectural Group, Inc 515 f10RT2 PLBLPR DRIVE SUITE 1400 WEST SLIT 6fA(Ii.FLORIDA 55401-4359 Voi/e(561)872 5599 fax (561)655 4828 It 1 I I 6 i I I e F I 1 i i f 1 3 i i I I I GARAGE GROUND LEVEL OVERALL PHOTOMEIRC PLAN SCALES 1/18•4-0* GARDENS POIIV7E Parcel 27.09 Palm Beach Gardens,Merida ACI Architectural Group, Inc 515 f10RT2 PLAiLPR DRIVE SUITE 1400 WEST SLIT 6f A(11 FLORIDA 55401-4359 Voi/e(561)872 5599 fax (561)655 4828 Z-Nd 1 iw N —m 4 , ....... lyl wl al wl nl 41 ION 1114.111111 +.a`r ar,.444 *II a.w 1 i 1414_l lUil a'"il -m .rl ...l 4.1 CL w4a114d ar 4.1,441 4.144.8 414.4 sounamatia Id g P !- i _# = N � ice . � � .. 61. . _ � aw : v g .tr n n n na •n,n.pl 19n n•nom.I`n n�n�n n.1141 leer n n n no � ++ — ;,,§b 11. .1.1"W:1:-:I 47:14-:P.s'I I ItHi 1\'.:441 1*1 ,0 0 i _1 4 4194 44,44: 4 1 i a,, x :49:C, ,wMP.Q n +4 , ' , MO—....ET:7 Isi ,w h 1 31Nif15N10 , ••n •n,nnn +�pop m, -. 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WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City received petition SP-05-01 from Gentile, Holloway, and O’Mahoney, agent for Gardens Pointe LLC, for site plan approval of 214 residential condominium high-rise units, within two twelve-story towers, and 26 townhouse units on an approximately 6.64-acre site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue, as more particularly described herein; and WHEREAS, on March 14,2006, the Planning, Zoning, and Appeals Board reviewed the subject petition and recommended approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. WHEREAS, the City Council has determined that this Resolution is consistent with the City’s Comprehensive Plan based on the following findings of fact: 1. The subject site is designated on the City’s Future Land Use Map as Professional Office (PO) / Development of Regional Impact (DRI) and Planned Community District (PCD). This parcel is hereby converted from ofFice/hotel/community use to multi-family residential use on the master land- use plan (Map H) with this site plan approval. Date Prepared: March 30,2006 Resolution 44, 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 2. The 240 residential units are vested with the Regional Center Development of Regional Impact (DRI) through NOPC number IO. 3. Consistent with Policy 1.1.1.4 of the Comprehensive Plan, the overall residential density of the Planned Community District (PCD) is consistent with the land-use designation of the area. 4. Consistent with Policy 1 .I .I .4 (e) of the Comprehensive Plan, the City Council is authorized to grant intensity waivers through the flexibility of Planned Community Districts. 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 site plan for Gentile, Holloway, and O’Mahoney, agent for Gardens Pointe LLC, is hereby APPROVED on the following described real property, to permit 214 high-rise residential condominiums and 26 townhouse units on an approximately 6.64-acre site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION PARCEL 27.09 AND A PORTION OF 27.13, ACCORDING TO THE PLAT OF REGIONAL CENTER PARCELS 27.09 AND 27.13, AND WATER MANAGEMENT TRACT 3-B, AS RECORDED IN PLAT BOOK 90, PAGES 199-201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 27.09, SAID POINT BEING THE POINT OF BEGINNING; THENCE N46”02’07”W ALONG THE WEST LINE OF SAID PARCEL 27.09, A DISTANCE OF 247.50 FEET; THENCE NO1 “05’24”E ALONG SAID WEST LINE, A DISTANCE OF 163.87 FEET; THENCE N42’08’02”E ALONG SAID WEST LINE, A DISTANCE OF 264.23 FEET; THENCE N44”02’28”E, A DISTANCE OF 174.91 FEET; THENCE S88”34’59”E, A DISTANCE OF 301 .I6 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 27.13; THENCE SOI”25’01”W ALONG THE EAST LINE OF SAID PARCELS 27.13 AND 27.09, A DISTANCE OF 441 53 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 570.87 FEET AND A CENTRAL ANGLE OF 04”15’01”; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 42.34 FEET; THENCE S38”18’32”W, A DISTANCE OF 32.90 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 27.09; THENCE S79”27’03”W ALONG SAID SOUTH LINE, A DISTANCE OF 128.36 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH OF WHICH THE RADIUS POINT LIES S10”32’57”E, A RADIAL DISTANCE OF 575.87 FEET AND A 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: March 30,2006 Resolution 44, 2006 CENTRAL ANGLE OF 19’30’20”; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 196.05 FEET; THENCE S59”56’43”W, A DISTANCE OF 98.13 FEET TO THE POINT OF BEGINNING. CONTAINING 289,109.89 SQUARE FEET OR 6.64 ACRES, MORE OR LESS. Planning & Zoning 1. 2. 3. 4. 5. Prior to the issuance of the first Certificate of Occupancy for the sales trailer, the Applicant shall include prominent language (1 8-point in size & bold) and a graphic in the homeowners’ association documents and in sales documents subject to the Growth Management Administrator‘s review and approval, which identifies the location of the Perpetual Public Access Easement (PPAE) as being for public use and not an extension of the private residential units. The homeowners’ association documents and sales documents shall be submitted to the City prior to the issuance of the first building permit for the sales trailer. The Applicant shall also post a clearly visible four-foot by four-foot sign outside of the sales center, which depicts a graphic of the PPAE, states its public purpose and its close proximity to the residential units. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy for Phase II, the Applicant shall install one decorative sign on each arbor bench feature, the lake overlook, and one adjacent to Kyoto Gardens Drive within the PPAE. The signs on the arbors shall face westward (towards the lake) and the sign adjacent to Kyoto Gardens Drive shall face southward, which clearly identifies the area to pedestrians as being for public use and enjoyment. (Planning & Zoning ) Prior to the issuance of the first Certificate of Occupancy for Phase II, the Applicant shall install a map directory sign of the lake plan within the PPAE adjacent to the lake, which is consistent to the one approved for Downtown at the Gardens. This directory sign shall include a color map of the entire lake plan, which indicates a “you are here” notation, all points of interest (bench es/g aze bod b rid g es/p I azas/u nd e rpasses/l a ke overlooks) , and the boundaries of the PPAE. (Planning & Zoning) Prior to the issuance of the first residential Certificate of Occupancy, the Applicant shall complete the amenities parcel, including all landscaping and hardscape associated with said parcel. (Planning & Zoning) The Applicant shall provide written disclosure to all future potential homebuyers that the amenities parcel, including landscaping, shall be completed prior to the issuance of the first residential Certificate of Occupancy, and that the City shall cease issuing building permits after that date if it is not complete. The form of such disclosure shall be approved by the City Attorney prior to issuance of the first building permit. (Planning & Zoning, City Attorney) 3 Date Prepared: March 30, 2006 Resolution 44, 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 6. 7. 8. 9. IO. 11. 12. 13. The HOA documents shall include language that prohibits outdoor storage, including towels and clothes, on the balconies of each residential unit. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy, the Applicant shall submit the homeowners’ association documents for the City Attorney’s and City Forester‘s review and approval. (Planning & Zoning, City Attorney) The Applicant shall have the sole responsibility of implementing and installing the applicable portion of the Lake Improvement Plan as reflected on the Lake Area Exhibit approved by Resolution 120, 2005. Prior to the issuance of the first Certificate of Occupancy for Phase II, the applicable portion of said plan, including all amenities, shall be fully completed and installed, as approved by the City Council, as reflected on the approved Gardens Pointe plans. All hardscape elements, which include benches, arbors, pathways, hardscape, and the lake overlook plaza shall be consistent in design with the lake plan elements approved by the City Council for Downtown at the Gardens. (Planning &Zoning) Prior to issuance of the first Certificate of Occupancy for Phase II, the Applicant shall install the lake overlook plaza as reflected on the approved site and landscape plans. The Applicant shall also include language in the homeowners’ association documents that requires the maintenance of this overlook and lake plan, in the event maintenance obligations have been deferred from the Regional Center DRI POA to the Gardens Pointe HOA. (Planning & Zoning) All windows and doors shall be hurricane impact resistant. (Planning &Zoning). Prior to the issuance of the first building permit, the Applicant shall install a six- foot high construction fence with a dark green, black, or decorative privacy tarp around the perimeter of the subject property. The privacy tarp shall not include signage or advertising in accordance with Section 78-290. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy for vertical construction, the Applicant shall construct the reconfigured median at Kyoto Gardens Drive and Fairchild Gardens Avenue, and install all approved roadway beautification landscaping. (Planning & Zoning, City Forester) The Applicant shall cease operation of the sales trailer 33 months after the issuance of the building permit for said sales trailer. (Planning & Zoning) 42 City Forester 43 44 45 46 C-19. (City Forester) 14. Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall install the applicable buffer in each phase, as reflected on Sheet 4 Date Prepared: March 30,2006 Resolution 44, 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 15. Prior to the issuance of the building permit for the sales trailer, the Applicant shall submit a revised landscape that reflects a 30-inch Eugenia Rhombea hedge along the west faGade of the sales trailer. (City Forester) City Encrineer 16. 17. 18. 19. 20. 21. 22. Prior to the issuance of the first land alteration permit, the Applicant shall provide a signed and sealed pavement marking and signage plan. (City Engineer) Within 12 months from a warrant analysis concluding that a traffic signal is needed at the intersection of Kyoto Gardens Drive and Lake Victoria Gardens Avenue, the Applicant shall install a traffic signal and all Palm Beach County and City required roadway improvements at said intersection. The City shall reimburse the Applicant to the extent it collects pro-rata costs from other developments. If this signal is not installed within 12 months from the date of the signal being warranted, the City shall cease issuing permits, Certificates of Occupancies, and conducting inspections. (City Engineer) The Applicant shall provide the City Engineer with copies of all correspondences to and from regulatory agencies regarding issues on the Gardens Pointe. (City Engineer) Prior to the commencement of construction for each phase, the Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall provide surety for public infrastructure, landscaping, and irrigation. The surety shall be based on a cost estimate that is signed and sealed by an engineer and landscape architect licensed in the State of Florida. The surety shall be based on 1 10% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall provide a cost estimate for all other on-site improvements which do not include public infrastructure, landscaping, and irrigation costs. The cost estimate shall be signed and sealed by an engineer licensed in the State of Florida and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (City Engineer) 5 Date Prepared: March 30,2006 Resolution 44, 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 23. 24. 25. 26. 27. 28. 29. 30. 31. Prior to the issuance of the first land alteration permit, the Applicant shall submit signed and sealed construction plans with all calculations by an engineer licensed in the State of Florida. (City Engineer) Prior to construction plan approval, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall provide a letter of authorization from the utility companies allowing landscaping within their easements. (City Engineer) The construction, operation, and/or maintenance of any elements of Gardens Pointe shall not negatively impact the existing drainage of the surrounding areas. If at any time during development it is determined by City staff that any of the surrounding areas are experiencing negative drainage impacts caused by the development of Gardens Pointe, it shall be the Applicant's responsibility to resolve said impacts in a period of time and a manner acceptable to the City. If said impacts are not remedied in a time period and manner acceptable to the City, the City may cease issuing building permits and/or Certificates of Occupancy until all drainage concerns are resolved. (City Engineer) Prior to the issuance of the first building permit, the Applicant shall post a letter of credit for the model unit in the amount of one-third (1/3) the construction cost for the purposes of demolition and lien protection, to be determined by the City Engineer, to remain in effect until the plat is recorded. (City Engineer) No access by the general public shall be allowed to the model home or sales trailer until the Certificate of Completions are issued for either building. (City Engineer, Code Enforcement) The Applicant acknowledges that the waiver granted from the platting requirement is at the Applicant's risk and that any potential construction changes to the model due to the eventual plat recordation is the sole responsibility of the Applicant. (City Engineer) Prior to the issuance of the first Certificate of Occupancy for the model and sales trailer, the Applicant shall construct accessible and operational fire hydrants and a stabilized road base, subject to City standards, for fire/emergency access, both of which shall be approved by the City Engineer and Fire Department. (City Engineering, Fire Department) 6 Date Prepared: March 30,2006 Resolution 44,2006 I 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 Police Department 32. 33. 34. 35. 36. 37. 38. Metal halide lighting shall be used for all street, walkways, and parking garage lighting. (Police Department) Lighting locations and building addresses shall not conflict with landscaping, including long-term tree canopy growth. All light poles on-site shall not exceed a height of 25 feet in the parking lot and 14 feet in pedestrian pathways. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, all numerical addresses shall be placed at the front of each building. Each numerical address shall be illuminated for nighttime visibility, shall provide bi- directional visibility from the roadway (when applicable), shall consist of 8” numbers in height, and shall be a different color than the color of the surface to which they are attached. The Applicant shall provide a document that reflects a street address system depicting street names and numerical addresses for emergency response purposes. Address system depiction shall be in 8.5”X 11” map format. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall provide a timer clock or photocell sensor engaged lighting above or near townhouse entryways and adjacent sidewalks. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, all mailbox locations shall be approved by the Police Department. (Police De part m e n t) Prior to the issuance of the last Certificate of Occupancy for each phase, the Applicant shall submit documentation that all residential units have been target hardened to include pre-wiring for an alarm system; all residential and parking garage entry/exit doors have been equipped with a metal plate over threshold of locking mechanism; all residential and parking garage entry/exit doors have 180 degree peephole viewers; case hardened deadbolt locks on all residential and parking garage entry/exit doors with a minimum one-inch throw; security hinges on the interior side of each residential entry/exit door; solid core interior door leading into the garage from the residence have been equipped with a single cylinder dead bolt lock; all elevators have video cameras, unless otherwise approved by the Police Department. (Police Department) Prior to the issuance of a building permit, the Applicant shall submit a photometric plan that complies with Illumination Engineering Society of North America (IESNA) standards for both parking garages, subject to review and approval by the City Engineer. (Police Department) 7 Date Prepared: March 30,2006 Resolution 44, 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 28 39. 40. 41. 42. 43. 44. 45. 46. Prior to the issuance of the first Certificate of Occupancy for each tower, the Applicant shall provide documentation that an access control system, utilizing a key pad or card system, has been installed for all elevator, stairwell, entry, and exits doors within the parking garage. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each tower, the Police Department shall approve the location of signs and graphics indicating exits, stairs, and elevators within the parking garage. (Police Department) Prior to the issuance of the first building permit, the Applicant shall develop a security plan for the parking garage, acceptable to the Police Department, which shall include pre-wiring for the installation of a high resolution low lux color digital video system, with monitoring and photo processing picture or video printout capabilities. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each tower, the Applicant shall install convex mirrors in the stairwells and in all elevators in locations approved by the Police Department. (Police Department) Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Non-compliance with the approved security and management plan may result in a stop-work order for the site. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall install a video camera in all elevators, subject to the approved security plan. (Police Department) The clubhouse building and sales center shall be pre-wired for an alarm system and access to the clubhouse and pool area shall be restricted through the use of a key or security card. (Police Department) Prior to the issuance of the first building permit for each parking garage, the Applicant shall install a direct ring emergency telephone on each parking garage level, with the locations and connection system determined and approved by the Police Department. (Police Department) Miscellaneous 47. Prior to the issuance of the first building permit for each phase, digital files of the approved plat shall be submitted to the Planning and Zoning Division, and approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the first Certificate of Occupancy for each phase. (GIs Manager, Development Compliance Officer) 8 Date Prepared: March 30, 2006 Resolution 44. 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 48. At no time shall stacking of construction and/or service vehicles occur in a public right-of-way. (Planning & Zoning) 49. The Applicant shall be required to notify the City’s Public Works Division via fax at least 10 working days prior to the commencement of any workkonstruction activity within any public right-of-way within the City. In the case of a City right-of-way, the property owner has at least five working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition may result in a stop- work order of all workkonstruction activity within the public right-of-way and the subject site. (Public Works) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following ten (1 0) waivers: 1. 2. 3. 4. 5. 6. 7. 8. 9. Section 78-184, Height of Buildings, to allow for a building height of 140’ for two resid en t i al condom i n i u m b u i Id i ng s . Section 78-344(1) (b), Parking Stall Width, to allow for garage parking spaces to utilize a 9.5-foot width. Section 78-1 42, Residential High Zoning District Setbacks - Front Setback adjacent to Kyoto Gardens Drive, to allow for a front setback of 64 feet for the south tower. Section 78-1 42, Residential High Zoning District Setbacks - Front Setback adjacent to Fairchild Gardens Avenue, to allow for a front setback of 40 feet for the north tower. Section 78-142, Residential High Zoning District Setbacks - Side Setback, to allow for a side setback of 27 feet for the north tower and 23 feet for the south tower. Section 78-142, Residential High Zoning District Setbacks - Rear Setback, to allow for a rear setback of 20 feet for the north tower. Section 78-285, Permitted Signs -Table 24, to allow for a sign on each side of the entry features. Section 78-285, Permitted Signs, to allow for the main entrance sign to have five feet of landscaping. Section 78-441 (c), General Application Procedures, to allow for a building permit for the sales trailer and one dry townhouse model prior to plat approval. 9 ~ 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: March 30, 2006 Resolution 44,2006 10. Section 78-182 (f), Illumination of Uses and Buildings, to allow for 91.5-foot candles within the parking garage consistent with IESNA standards. SECTION 4. This site plan approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 1. 2. 3. 4. 5. 6. 7. Site Plans, Sheets C-3 through C-7, Craven, Thompson, and Associates, March 23,2006, received by the City of Palm Beach Gardens on March 24, 2006. Site Phasing Plan and Sales Trailer Site Plan, Sheets C-19 and C-20, Craven Thompson, and Associates, March 23, 2006, received by the City of Palm Beach Gardens on March 24,2006. Site Landscape Plans and Sales Trailer Landscape Plan, Sheets LP-1 through LP -7, and SC-1, Intuitive Design Group, March 23,2006, received by the City of Palm Beach Gardens on March 24,2006. Architectural Elevations, Roof Plans, Floor Plans: Sheets AN-2.1 .I, AN-2.2.1, AN-2.3.1, AN-2.4.1, AN-2.5.1, AN-2.6.1 , AN-2.7.1, AN-2.8.1 , AN-2.9.1, AN- 2.10.1, AS-2.1 .I , AS-2.2.1, AS-2.3.1, AS-2.4.1 , AS-2.5.1 , AS-2.6.1, AS-2.7.1 , AS-2.8.1 , AS-2.9.1 , AS-2.10.1, C-2.1 .I, C-2.2.1, C-3.1 .I, AF-2.1 .I , AF-2.2.1, AF-3.1 .I , ACI Architectural Group Inc., March 1,2006, received by the City of Palm Beach Gardens on March 1 , 2006, and Sheets AN-3.1 .I , AN-3.1.2, AS- 3.1 .I, and AS-3.1.2, ACI Architectural Group Inc., March 24,2006, received by the City of Palm Beach Gardens on March 24,2006 Site and Garage Photometric Plans, Sheets P-I, PN-1 through PN-3, PS-1 through PS-3, ACI Architectural Group Inc., March 1 , 2006, received by the City of Palm Beach Gardens March 1, 2006; and Sales Trailer Photometric Plan, Sheet ESC-100, ACI Architectural Group Inc., March 23,2006, received by the City of Palm Beach Gardens on March 28,2006. Survey, Lidberg Land Surveying, Inc., July 30, 2004, received by the City of Palm Beach Gardens on March 24,2006. Gardens Pointe Plaza Overlook and Arbor/Bench elevations, Intuitive Design Group, March 31, 2006, received by the City of Palm Beach Gardens on March 31 , 2006. SECTION 5. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 6. This Resolution shall become effective immediately upon adoption. 10 Date Prepared: March 30,2006 Resolution 44, 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 day of ,2006. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR BARNETT COUNCILMEMBER JABLIN COU NC I LM EM BER LEVY COUNCILMEMBER VALECHE AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\Gardens Pointe- reso 44 2006.doc 11 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 2/13/06 Meeting Date:4/20/06 Resolution:47-2006 SubjectlAgenda Item: Resolution No. 47-2006 recommendation to approve the execution of the Second Amendment to the Interlocal Agreement Establishing the Municipal Public Safety Communications Consortium of Palm Beach County ("MPSCC") rescinding the First Amendment [x ] Recommendation to APPROVE [I Recommer: dation to DENY Reviewed by: 7- \ Finance Director Submitted by: Department Director Citv Manager Originating Dept.: Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified [ ] Not required ~~ Costs: $820.083 (Total) $ Current FY Funding Source: [ ]Operating [ x ] Other 12.50 reimbursement $320,083 Loan proceeds $500,000 Funds Account # Budget Acct.#: 001 -1 000-521 -6937 Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Second Amendment To In terlocal Agreement [ ]None Date Prepared: 211 3/06 Meeting Date: 4/20/06 Resolution 48-2006 BACKGROUND: The Municipal Public Safety Communications Consortium (IIMPSCCII) has requested that the City execute and deliver a Second Amendment to the Interlocal Agreement in order to amend and clarify certain provisions of the Agreement. The MPSCC was formed through the cooperative efforts of the various municipalities to plan and implement an interoperable, countywide municipal public safety radio communications system. After receiving proposals for radio systems, through an RFP process, the MPSCC selected MIA-COM, Inc. as its vendor of choice. Through the diligent efforts of its member municipalities, the MPSCC has developed finalized plans for a countywide, interoperable Communications Project. This solution has been reviewed and approved by the State of Florida, Office of Technology, as required by Section 282.1 1 1 (5), Florida Statutes. Now, the consortium desires to move forward with the construction of the MA/COM radio system. The changes in the interlocal agreement require the City's commitment of funds to this project. Assigning the City's share of funds to the MPSCC for this project will enhance the County's Intergovernmental Communications Plan (ICP), as well as give the City and other law enforcement agencies the opportunity to finally talk to one another. The cost of this project for the MPSCC is $4,900,000 and the City's share of the infrastructure is $676,200, plus local site work of approximately $85,000 and a contingency of $58,883 Total project cost $820,083, Current reimbursed funds total $320,083, from $12.50 money collected by Palm Beach County from traffic violations which are written by the City's municipal law enforcement officers within the City of Palm Beach Gardens. The Board of County Commissioners of Palm Beach County has allocated a portion of the $1550 money generated by municipalities (County Resolutions 92-1 187, 99-1 205, 99-2343 and 2002-01 92), for our benefit. This was done to encourage the interoperability of local municipal communications systems. The remainder of the radio system costs to the City will be through a loan. The debt service of the loan will be paid by 12.50 fund reimbursements from the County as funds become available from traffic tickets, on a quarterly base. Collection history supports a surplus in available revenues for this debt service. This project has been endorsed by the Palm Beach County Criminal Justice Commission, League of Cities, the Chiefs of Police Association and the Law Enforcement Planning Council. The Palm Beach County Board of County Commissioners agreed to include the MPSCC endorsement of the MIA-COM system in the County's ICP. Eleven Municipalities have passed the initial interlocal resolution in support of the MPSCC's communications plan and funding methodology. STAFF RECOMMENDATION: Approve Resolution No.48-2006, purchase of an interoperable Public Safety radio network from M/A COM by committing Palm Beach Gardens' share of the purchase price to Municipal Public Safety Communications Consortium of Palm Beach County ("MPSCC"). Date Prepared: February 13, 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 47,2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA PLEDGING FUNDS TO THE MUNICIPAL PUBLIC SAFETY COMMUNI CATIONS CON SORT1 U M $676,200.00; AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO CONSTRUCT LOCAL SITE IMPROVEMENTS FOR THE PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY OF THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT TO ESTABLISH MUNICIPAL PUBLIC SAFETY COMMUNCATIONS CONSORTIUM OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE FOR THE MIA-COM RADIO PROJECT IN THE AMOUNT OF WHEREAS, the Municipal Public Safety Communications Consortium ('IMPSCC") was formed through the cooperative efforts of the various municipalities to plan and implement an interoperable countywide municipal public safety radio communications system (the "Communications Project"); and WHEREAS, pursuant to previous resolutions, the City of Palm Beach Gardens (the "City") has joined the MPSCC, approved an Interlocal Agreement establishing the MPSCC, and agreed to commit certain of its funds to the MPSCC for the Communications Project; and WHEREAS, the implementation of an interoperable countywide municipal public safety communications system will allow municipal public safety agencies to improve the provision of services by virtue of enhanced interagency communication and cooperation; and WHEREAS, the MPSCC has now provided the City with its 2005-2006 capital budget which includes a plan to finance the cost of acquisition, equipment, and construction of the Communications Project; and WHEREAS, the MPSCC, through the diligent efforts of its member municipalities has developed finalized plans for a municipal countywide interoperable Communications Project network, has received proposals, and has selected M/A-COM, Inc. as its vendor, which has been approved by the State of Florida, Office of Technology, as required by Section 282.1 1 1 (5), Florida Statutes; and WHEREAS, Section 31 8.21 (9), Florida Statutes, permits any county which participates in an intergovernmental radio communications program approved by the State of Florida to use $12.50 from each moving traffic violation (the "$12.50 Money") to fund that county's participation in a communications program; and Date Prepared: February 13, 2006 Resolution 47. 2006 I 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, a portion of the $12.50 Money collected by Palm Beach County, Florida is from violations which are written by the City's municipal law enforcement officers within the City; and WHEREAS, the Board of County Commissioners of Palm Beach County, pursuant to County Resolutions 92-1 187, 99-1 205, 99-2343, and 2002-01 92, in accordance with Section 318.21(9), Florida Statutes, has allocated a portion of the $12.50 Money generated by municipalities for their benefit to encourage the interoperability of municipal communications systems, thereby enhancing the County's Intergovernmental Communications Plan; and WHEREAS, to date, the City has collected $320,083.00 from its portion of the $12.50 moving violation funds from Palm Beach County and anticipates that the remaining collection of $12.50 funds will be used to pay the City Debt Financing; and WHEREAS, the City and the MPSCC both desire to move forward with the construction of a supplement and enhancement to the County's interoperable countywide radio network through the construction of the Communications Project and to give final approval of the capital budget provided in Section 5 of the MPSCC lnterlocal Agreement; and WHEREAS, the City has been requested by the MPSCC to execute and deliver a Second Amendment to lnterlocal Agreement (the "Second Amendment to Interlocal") in order to amend and clarify certain provisions of the Interlocal Agreement; 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 of the City of Palm Beach Gardens, Florida, as a member of the MPSCC, hereby pledges its support to the MPSCC, its public safety communications plan, the construction of the Communications Project, and its inclusion as an enhancement and part of the State-approved Palm Beach County Intergovernmental Radio Communications Program Plan. SECTION 3. The City hereby irrevocably pledges and commits its full share and allocation of $676,200.00 to finance the construction and implementation of the Communications Project and assigns the funds to the MPSCC in full, contingent on the MPSCC contracting with M/A COM to provide said system. 2 Date Prepared: February 13, 2006 Resolution 47, 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 SECTION 4. The City Council hereby authorizes the City Manager to execute one or more agreements in a form acceptable to the City Attorney in a total amount not to exceed $143,883.00 for local site work related to the construction of the Communications Project SECTION 5. In order to secure the payment of the principal of the M/A COM radio system, and in order to further secure the performance and observance of all the covenants, agreements, and conditions, the execution and delivery of the Second Amendment to Interlocal, which is attached hereto as Exhibit "A," is hereby authorized. The form of the Second Amendment to Interlocal is hereby approved, subject to such changes, insertions, and omissions and such filling of blanks therein as may be approved and made in such form of Second Amendment to Interlocal, including any changes, insertions, or omissions recommended by the City Attorney, bond counsel to the City, counsel to the MPSCC, or by the officers of the City executing the same, in a manner consistent with the provisions of this Resolution, such execution to be conclusive evidence of such approval. SECTION 6. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 Date Prepared: February 13,2006 Resolution 47,2006 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 47 PASSED AND ADOPTED this day of ,2006. CITY OF PALM BEACH GARDENS, FLORIDA Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFlCl ENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR BARNETT --- COUNCILMEMBER JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- \\Pbgsfile\Attorney\attorney_share\RESOLUTIONS\mpscc second amendment interlocal -reso 47 2006.doc 4 SECOND AMENDMENT TO INTERLOCAL AGREEMENT TO ESTABLISH MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY THIS SECOND AMENDMENT to the Interlocal Agreement To Establish Municipal Public Safety Communications Consortium of Palm Beach County is made and entered into by and between the municipalities of ATLANTIS, GREENACRES, JUPITER, LANTANA, NORTH PALM BEACH, PALM BEACH, PALM BEACH GARDENS, and WEST PALM BEACH; each of which is a Florida municipal corporation located in Palm Beach County, Florida, and of each of which is referred to as a “Member” of the MPSCC, and the MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY (hereinafter the I’MPSCC’I). WHEREAS, by Interlocal Agreement to Establish Municipal Public Safety Communications Consortium of Palm Beach County, dated December 13, 1999, and recorded in Book 11528, Page 1283 of the Public Records of Palm Beach County, the Members entered into a cooperative arrangement to improve radio communications among themselves and with county, state and federal agencies (the “Interlocal Agreement”); and WHEREAS, by First Amendment to Interlocal Agreement, dated December 8, 2003, the Members of the MPSCC authorized the MPSCC to enter into an agreement with M/ACOM to provide the interoperable 800 MHZ radio system (the “Interoperable Radio System”) for the MPSCC; and authorized the MPSCC to secure financing for the Interoperable Radio System; and WHEREAS, the municipalities of Belle Glade, Boca Raton, Boynton Beach, Briney Breezes, Delray Beach, Gulfstream, Highland Beach, Hypoluxo, Juno Beach, Jupiter Inlet Colony, Lake Clark Shores, Lake Park, Lake Worth, Manalapan, Mangonia Park, Ocean Ridge, Pahokee, Palm Beach Shores, Palm Springs, Riviera Beach, Royal Palm Beach, South Bay, South Palm Beach, Tequesta, Wellington and the Palm Beach County School District either did not execute the Interlocal Agreement or have withdrawn as Members of the MPSCC; and WHEREAS, all initially capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Interlocal Agreement; and WHEREAS, the Members desire to rescind the First Amendment in its entirety and enter into this Second Amendment to set forth each Member’s obligations with respect to the acquisition of a county-wide interoperable radio communication service for the use of various public safety agencies in Palm Beach County; and NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Members agree as follows: MPSCC/ Second Amendment to Interlocal 033006 1 1. Rescission of First Amendment. The First Amendment to the Interlocal Agreement dated on or about December 8,2003 and any other agreements between the MPSCC and individual Members regarding the purchase of the interoperable radio system, other than the Interlocal Agreement, are hereby rescinded in their entirety and are of no further force and effect. The Interlocal Agreement and this Second Amendment are collectively referred to hereinafter as the “Interlocal Agreement”. 2. Term. Section 3 of the Interlocal Agreement is hereby amended to extend the term of the Agreement through December 3 1,2020, unless sooner terminated. 3. M/A Com System. The State technology office has approved the implementation of the MPSCC’s proposed Open Sky System as an interoperable part of the Intergovernmental Radio Communications Program (ICP) of Palm Beach County. The MPSCC solicited and received proposals to establish an interoperable radio communication system to provide access to the 800MHZ radio network for its Members. The MPSCC selected M/A-Com as the provider of the new Interoperable Radio System including providing the backbone components and other necessary equipment to establish the system and provide access to the 800MHZ radio network for its members (the “MA Com System”). The Members acknowledge that they approved of the selection of M/A Com and, subject to Section 9 below, re-authorize the MPSCC to enter into an agreement with M/A Com to purchase the interoperable 800 MHz radio system. 4. Proiect Phases. The M/A Com System will be implemented in two phases: Phase One will serve West Palm Beach, Palm Beach Gardens and Palm Beach. Phase Two will serve the remaining MPSCC Members. 5. Purchase of M/A Com System. 5.1 Subject to satisfaction of the contingencies set forth in Section 9 below, the City of West Palm Beach, the City of Palm Beach Gardens and the Town of Palm Beach hereby commit to jointly fund the purchase of the MA-Com System by the MPSCC, each in such proportionate shares as provided in this Amendment. The City of West Palm Beach, the Town of Palm Beach and the City of Palm Beach Gardens may be hereinafter referred to as a “Phase One Member” and collectively as the “Phase One Members”. 5.2 Each of the Phase One Members’ share of the purchase price for the WA- Com System (the “Purchase Price”) shall be established based on its respective number of radios that will be used to access the M/A-Com System network proportionate to the total Purchase Price (the “Share of Purchase Price”). Each Phase One Member’s Share of Purchase Price is calculated as: City of West Palm Beach 73 .o% Palm Beach Gardens 13.8% Town of Palm Beach 13 2% 5.3 Each Phase One Member shall be responsible for financing its respective share of the Purchase Price and delivering such funds to the MPSCC at the time designated in this Amendment; however, no Phase One Member shall be obligated to covenant to budget or MPSCC/ Second Amendment to Interlocal 033006 2 otherwise provide security for the purchase directly to WA-Com. Notwithstanding anything contained herein to the contrary, the Phase One Members’ commitment to fund the Purchase Price is contingent upon the total Purchase Price not exceeding $4,900,000.00 (including $179,490 appropriated for contingencies) plus any interest earned on the Phase One System Fund. The WA-Com Contract shall provide that the WA-Com System shall be owned by the MPSCC. 5.4 6. Funds. 6.1 Within thirty (30) days after execution of this Amendment by all Members, each Phase One Member shall deliver to MPSCC their Share of the Purchase Price by check payable to the Municipal Public Safety Communications Consortium of Palm Beach County delivered to Chief Robert Mangold of the Atlantis Police Department, as agent for the MPSCC, for deposit in accordance with this Amendment. 6.2 The MPSCC shall deposit all Shares of the Purchase Price into an interest bearing account, separate and designated as the “Phase One System Fund”, with a Florida qualified public depository, which fund shall be accounted for separate, apart and distinct from all other funds of the MPSCC and used only for the purposes and in the manner provided in this Amendment. The monies deposited in the Phase One System Fund shall be held by the MPSCC in trust for the benefit of each Phase One Member until the System Purchase Contract is fully executed by the MPSCC and MA-Com. Upon execution of the System Purchase Contract, the funds shall remain on deposit in the Phase One System Fund and shall be applied only toward payments to WA-Com under the System Purchase Contract and the License Agreement between M/A-Com and MPSCC and the agreement between L. Robert Kimball & Associates and MPSCC for consulting services related to Phase One of the purchase and installation of the WA- Com System. 6.3 All interest income earned on the Phase One System Fund deposit shall remain on deposit in the Phase One System Fund. Such interest shall be applied, if needed, to the contingency fund established for the WA-Com System project. 6.4 After all payments for Phase One of the WA-Com System have been paid, any remaining balance shall be withdrawn and returned to the Phase One Members and distributed in accordance with each Phase One Member’s proportionate Share of the Purchase Price. 6.5 If a contract for the purchase and installation of the Interoperable Radio System between the MPSCC and MA-Com is not executed within sixty (60) days after adoption of this Amendment by all Members, MPSCC shall return to each Phase One Member its Share of the Purchase Price. 7. Payments and Change Orders. 7.1 The Phase One Members hereby authorize MPSCC to approve payments MPSCC/ Second Amendment to Interlocal 033006 3 and execute change orders for Phase One of the M/A-Com System, provided the aggregate sum of all such payments and change orders do not exceed the balance of the Phase One System Fund. 7.2 In the event the balance of the Phase One System Fund will not be sufficient to cover proposed change orders for Phase One of the M/A-Com System implementation, the MPSCC will be required to obtain appropriation and delivery of sufficient funds from the Phase One Members prior to execution or approval of any such change order. The Phase One members shall have no liability for any change orders executed by MPSCC in contravention with this Amendment. 8. Annual Operating and Maintenance Costs. 8.1 MPSCC shall be responsible for the operation and maintenance of the M/A-Com System in accordance with Section 3 18.2 1 (9), Florida Statutes, and may contract with M/A-Com for maintenance services. 8.2 Each of the Members, including the Phase One Members, shall be jointly responsible for its proportionate share of the annual cost to operate and maintain the M/A-Com System (the “Annual Proportionate Share”). Each Member’s Annual Proportionate Share for the operating and maintenance costs for the next fiscal year shall be based on the number of radios in use by the Member on June 1’‘ of each year. Nothing herein shall constitute a pledge by any Member of the full faith and credit of the Member, nor does the Member pledge any ad valorem taxes or other moneys other than moneys annually appropriated. Each Member shall have the option to terminate its participation in the MPSCC and its obligations under the Interlocal Agreement and after termination shall have no further responsibility for operating and maintenance obligations. 8.3 The MPSCC shall re-calculate the Annual Proportionate Share of each Member based on the current members and number of radios and shall notify each Member of the amount of its Annual Proportionate Share of the annual operating and maintenance costs for the upcoming fiscal year by no later than August 1’‘ of each year. A withdrawing Member shall not be entitled to a refund of its Annual Proportionate Share. 9. Contingencies. 9.1 Notwithstanding anything in this Amendment to the contrary, and in addition to the contingencies set forth in Sections 3 and 5 above, the obligations set forth in this Amendment are contingent upon: (a) approval of this Amendment by the Board of Directors of the MPSCC; (b) adoption of this Amendment by resolution of each of the Phase One Members no later than April 30, 2006, (c) adoption of this Amendment by resolution by each of the remaining Members no later than May 3 1,2006; (d) the M/A-Com Contract being fully executed by M/A Com and MPSCC no later than sixty (60) days after adoption of this Amendment by all Members; and (e) the filing of this Amendment with the Clerk of the Court for Palm Beach County no later than June 15,2006. MPSCCI Second Amendment to Interlocal 033006 4 9.2 Notwithstanding any provision in the Interlocal Agreement to the contrary, failure by any Member, other than a Phase One Member, to execute this Second Amendment by May 3 1,2006, shall be deemed to be a voluntary withdrawal from the MPSCC by said Member. 9.3 Notwithstanding Section 12B of the Interlocal Agreement to the contrary, and provided that the contingencies set forth herein are satisfied, the Phase One Members shall not have a right to withdraw from the MPSCC prior to the purchase of the MA-Com System. In the event a Phase One Member withdraws from the MPSCC after the purchase of the MA-Com System, it shall not be entitled to a refund of its Share of the Purchase Price. 10. Access and Audit. The MPSCC shall maintain all agreements, correspondence, documents, and copies of communications regarding the Phase One implementation of the WA- Com System for at least three (3) years after the date of final payment to M/A-Com. Each Phase One Member shall have access to all such records and documents as required in this Section for the purpose of inspection or audit during normal business hours at a location within Palm Beach County and for at least three (3) years after the date of final payment to M/A-Com. Additionally, MPSCC shall provide copies of any such document maintained under this Section to any Phase One Member to support such Member’s financing of its obligations under this Amendment. 11. Modification. Any amendment or modification to Sections 5, 6 and 7 of this Second Amendment shall only require the approval of the Phase One Members. Any amendment or modification to any other Section of this Second Amendment shall require the approval of all Members. 12. Phase Two. Should the Members decide to proceed with Phase Two of the implementation of the M/A-Com System, a separate amendment to the Interlocal Agreement will be adopted to address Phase Two. 13. Participation. Any Member which has failed to timely execute this Second Amendment is deemed to have voluntarily withdrawn from the MPSCC. 14. Interlocal Authority. This Amendment is authorized by Section 163.01 Florida Statutes, being a joint exercise of power shared in common which any municipality could exercise separately. This Amendment shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida, upon execution by the Members. 15. No Third Party Beneficiaries. Nothing stated under this Amendment shall be construed to give any rights or benefits of anyone other than the Members which execute this Second Amendment, and all duties and responsibilities undertaken pursuant to this Amendment to the Interlocal Agreement will be for the sole and the exclusive benefit of the Members, and not for the benefit of any other. 16. Assignment. This Amendment to the Interlocal Agreement may not be assigned by any Member. 17. Effect of Amendment. Except to the extent the Interlocal Agreement is modified MPSCCI Second Amendment to Interlocal 033006 5 by this Second Amendment, the terms and provisions of the Interlocal Agreement shall remain unmodified and in full force and effect. The term “Interlocal Agreement” shall mean the Interlocal Agreement as amended by this Second Amendment. 18. Effective Date. This Amendment shall take effect upon execution by all Members and filing of the Amendment with the Clerk of the Court for Palm Beach County. 19. Counterparts This document may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed in counterparts. ATTEST: By: City Clerk 191.04-006 12 F:\NDU\MIS\MPSCC\Second Amd-lntlcl(2).doc MPSCCI Second Amendment to Interlocal 033006 CITY OF WEST PALM BEACH By: Lois J. Frankel, Mayor Date: ,2006 CITY ATTORNEY’S OFFICE Approved as to form and legal sufficiency By : Date: 6 ATTEST: By: MPSCCI Second Amendment to Interlocal 033006 CITY OF PALM BEACH GARDENS By: Date: ,2006 7 ATTEST: By: Approved as to form and Legality Town Attorney MPSCC/ Second Amendment to Interlocal 033006 TOWN OF PALM BEACH By: Date: ,2006 8 ATTEST: CITY OF ATLANTIS By: By: Date: ,2006 MPSCCI Second Amendment to Interlocal 033006 9 ATTEST: By: MPSCCI Second Amendment to Interlocal 033006 CITY OF JUPITER By: Date: ,2006 10 ATTEST: By: MPSCC/ Second Amendment to Interlocal 033006 CITY OF NORTH PALM BEACH By: Date: ,2006 ATTEST: By: MPSCCI Second Amendment to Interlocal 033006 CITY OF LANTANA By: Date: ,2006 12 ATTEST: By: CITY OF GREEN ACRES By: Date: ,2006 MPSCC/ Second Amendment to Interlocal 033006 13 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: June 9,2003 RESOLUTION 1 IO, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA PLEDGING ITS PORTION OF THE $12.50 MOVING VIOLATION FUNDS ALLOCATED BY PALM ACCORDANCE WITH SECTION 318.21 (IO), FLORIDA STATUTES, TO THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM C 0 M M U N I CAT1 0 N S PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO INTERLOCAL AGREEMENT; DURING THE TERM OF THE DEBT FINANCING OF THE COMMUNICATIONS PROJECT; AND PROVIDING AN EFFECTIVE DATE. BEACH COUNTY RESOLUTION R-2002-0192, AS AMENDED, IN WAIVING THE CITY'S RIGHTS TO WITHDRAW ITS PLEDGE b ! WHEREAS, the Municipal Public Safety Communications Consortium ("MPSCC) was formed through the cooperative efforts of the various municipalities to plan and implement an interoperable countywide municipal public safety radio communications system (the "Communications Project"); and I WHEREAS, pursuant to previous resolutions the City of Palm Beach Gardens (the "City") has joined the MPSCC, approved an Interlocal Agreement establishing the MPSCC, and agreed to commit certain of its funds to the MPSCC for the Communications Project; and WHEREAS, the implementation of an interoperable countywide municipal public safety communications system will allow municipal public safety agencies to improve the provision of services by virtue of enhanced interagency communication and cooperation; and WHEREAS, the MPSCC has now provided the City with its [2003-20041 capital budget which includes a plan to incur indebtedness in order to finance the cost of acquisition, equipping and construction of the Communications Project (the "Debt Financing"); and WHEREAS, the MPSCC, through the diligent efforts of its member municipalities has developed finalized plans for a municipal countywide interoperable Communications Project network, has received proposals, and has selected M/A-COM, Inc. as its vendor, which has been approved by the State of Florida, Office of Technology, as required by Section 282.1 I 1 (5), Florida Statutes; and Date Prepared: June 9,2003 Resolution 110,2003 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, Section 31 8.21(19), Florida Statutes, permits any county which participates in an intergovernmental radio communications program approved by the State of Florida to use $12.50 from each moving traffic violation (the "$12.50 Money") to fund that county's participation in a communications program; and WHEREAS, a portion of the $12.50 Money collected by Palm Beach County, Florida is from violations which are written by the City's municipal law enforcement officers within the City; and WHEREAS, the Board of County Commissioners of Palm Beach County has allocated a portion of the $12.50 Money generated by municipalities for their benefit under Resolution R99-2343 D, as amended on February 5, 2002, by Resolution R- 2002-0192, and by Resolution to encourage the interoperability of municipal communications systems and therefore enhancing the County's Intergovernmental Communications Plan; and WHEREAS, the City and the MPSCC both desire to move forward with the construction of a supplement and enhancement to the County's interoperable countywide radio network through the Debt Financing and construction of the Communications Project and to give final approval of the capital budget provided in Section 12 of the MPSCC Interlocal Agreement; and WHEREAS, the City has been requested by the MPSCC to execute and deliver a First Amendment to Interlocal Agreement (the "First Amendment to Interlocal") in order to amend and clarify certain provisions of the Interlocal Agreement; and WHEREAS, the City desires to irrevocably pledge and assign its share of the $12.50 Money to the MPSCC to pay debt service on the Debt Financing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, as a member of the MPSCC, hereby pledges its support to the MPSCC, its public safety communications plan, the Debt Financing, the construction of the Communications Project, and its inclusion as an enhancement and part of the State approved Palm Beach County intergovernmental radio communications program plan. SECTION 3. The City hereby irrevocably pledges and commits its full share and allocation of the $12.50 Money to debt service on the Debt Financing issued to finance the construction and implementation of the Communications Project for twelve years from the date of issuance of such Debt Financing, and assigns its $12.50 Money to the MPSCC in full. 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: June 9,2003 Resolution 110,2003 SECTION 4. The City requests and directs that the County provide the City's portion of the $12.50 Money as so assigned and pledged to the MPSCC for debt service payments on the Debt Financing. SECTION 5. In order to secure the payment of the principal and the interest on the Debt Financing herein authorized, and in order to further secure the performance and observance of all of the covenants, agreements and conditions in said Debt Financing, the execution and delivery of the First Amendment to Interlocal, a proposed form of which is attached hereto as Exhibit "A," is hereby authorized. The form of the First Amendment to Interlocal is hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form of First Amendment to Interlocal, including any changes, insertions or omissions recommended by the City Attorney, bond counsel to MPSCC or counsel to the MPSCC, by either of the officers of the City executing the same, in a manner consistent with the provisions of this Resolution, such execution to be conclusive evidence of such a p p rova I. SECTION 6. The City waives its right to withdraw from the MPSCC as provided in Section 12 of the MPSCC Interlocal Agreement and acknowledged receipt of and hereby approves the MPSCC capital budget. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 _. .. I I I I I I I 1 I I I I I 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1.s 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 .- .. . . . - . . Date Prepared: June 9,2003 Resolution 110, 2003 PASSED AND ADOPTED this !?”- day of xJ& ,2003. ! CITY OF PALM BEACH GARDENS, FLORIDA I BY: I ATTEST: ’, BY: - Patricia Sni4er, City Clerk f :-g f:. f &5 e- c - - I ’ir - I^ APPROVED.AS$O FORM AND LEGAL SUFFI~IENCY BY: I VOTE: AYE ’ NAY ABSENT MAYOR JABLIN --- VICE MAYOR SABATELLO d-- COUNCILMEMBER CLARK --- COUNCILMEMBER RUSSO d-- COUNCILMEMBER DELGADO --- d or d d 4 FIRST AMENDMENT TO INTERLOCAL AGREEMENT This First Amendment to the Interlocal Agreement establishing the Municipal Public Safety Communications Consortium of Palm Beach County (hereinafter referred to as “MPSCC”) is made and entered in to this jp day of Th% ,2003, by and between the municipalities of Atlantis: Boca Raton Boynton Beach, Greenacres, Juno Beach, Jupiter, Lake Clarke Shores, Lake Worth, Lantana, Manalapan, North Palm Beach, Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, South Palm Beach, Tequesta and West Palm Beach; each of which is a Florida municipal corporation located in Palm Beach County, Florida, and of each of which is referred to as a “member” of the MPSCC or as “city”. WHEREAS, the members have previously entered into an interlocal agreement establishing the Municipal Public Safety Communications Consortium of Palm Beach County (MPSCC), said agreement hereinafter being referred to as the “Interlocal Agreement”; and WHEREAS, each of the members presently maintains a police or fire department utilizing radio communications; and WHEREAS, pursuant to the Interlocal Agreement the respective police and fire departments of the members will be able to communicate with each other and with other public safety agencies in Palm Beach County, ensuring countywide interoperability of radio communications and proving for the ‘efficient communication of public safety concerns, (“The Communications Project”); and WHEREAS, Chapter 163.01, Florida Statutes, known as the ”Florida Interlocal Cooperation Act of 1969”, authorizes local government units to enter into agreements to cooperate with other localities to best serve the needs of the local communities; and 1 . . . . __ .. . . ._ . .. . . ... .. -. WHEREAS, the MPSCC has, in accordance with the Interlocal Agreement, facilitated the development of a county-wide interoperable radio communication service for the use of various public safety agencies in Palm Beach County; and WHEREAS, the state technology office has approved the implementation of the MPSCC’s proposed Open Sky System as an interoperable part of the Intergovernmental Radio Communications Program (ICP) of Palm Beach County; and WHEREAS, Palm Beach County has agreed, as set forth in County Resolutions 92-1 187, 99-1 205 and 2002-0192, that the $1 2.50 funds collected pursuant to Section 31 8.21 , Florida Statutes, by the members of the MPSCC may be utilized by the MPSCC for this proposed interoperable radio system; and WHEREAS, the MPSCC has solicited and received proposals to establish an interoperable radio communication system which will provide access to the 800MHZ radio network for its members; and WHEREAS, the MPSCC has selected M/A Com as the provider of the new radio system including providing the backbone components and other necessary equipment to establish said radio system and provide access to the 800MHZ radio network for its members; and WHEREAS, the MPSCC is in the process of securing financing for the implementation of the interoperable radio system. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the members hereby agree to amend the aforementioned interlocal agreement as set forth herein: I Section 1. PURPOSE: A. To restate and specify the commitment of each member of the MPSCC to an interoperable radio system; B. To approve the selection of M/A Com to provide the necessary equipment to complete the radio system backbone 'component and other necessary equipment to establish said radio system; and To authorize the MPSCC to secure financing to fund the acquisition of equipment from M/A COM. C. Section 2. DEFINITIONS: The definitions set forth in the interlocal agreement shall apply to this amendment. Section 3. AGREEMENT WITH MIA COM: The MPSCC is hereby authorized to enter into an agreement with M/A Com to provide the interoperable 800MHZ radio system for the municipal public safety agencies of Palm Beach County, which are parties to this agreement. Section 4. The MPSCC is hereby authorized to enter into an agreement with Palm Beach Said agreement shall include the following AGREEMENT WITH PALM BEACH COUNTY: County relative to the radio system. provisions: A. The radio system shall be owned by Palm Beach County and leased to the MPSCC, on a long-term basis, for a nominal sum ($1 .OO a year). The radio system shall be interoperable as required in Section 318.21 (9), Florida Statutes, and as defined by the Communications Systems and Operations Policy Advisory Committee (CSOPAC). The members shall irrevocably pledge their $12.50 monies (which are currently held by the Clerk of the Circuit Court) to the MPSCC to be utilized to fund the acquisition of the Interoperable M/A Corn radio system. B. C. Section 5. DEBT FINANCING: A. The MPSCC is hereby authorized to enter into an agreement to secure funding to acquire the interopera'ble radio system from MIA COM. 3 . .. B. The City Council of the City of Palm Beach Gardens, as a member of the MPSCC, hereby pledges its support to the MPSCC, its public safety communications plan, the Debt Financing, the construction of the Communications Project, and its inclusion as an enhancement and part of the State approved Palm Beach County intergovernmental radio communications program plan. The City hereby irrevocably pledges and commits its full share and allocation of the $12.50 money to debt service on the Debt Financing issued to finance the construction and implementation of the Communications Project for a period of time not to exceed twelve years from the date of issuance of such Debt Financing, and assigns its $12.50 Money to the MPSCC in full. The City requests and directs that the County provide the City’s portion of the $12.50 money as so assigned and pledged to the MPSCC for debt C. D. service payments on the Debt Financing. Section 6. FINANCIAL OBLIGATIONS: A. The MPSCC shall commit that’sufficient sums received by its members from moving traffic violations ‘in accordance with Section 318.21 (9), Florida Statutes (2002), (commonly referred to as “1 2.50 Funds”) shall be utilized to pay for the purchase of the Interoperable Radio System. Each member of the MPSCC hereby irrevocably pledges all revenue received by the member pursuant to Section 318 (9), Florida Statutes ($12.50 funds), to the MPSCC to pay for the purchase of the Interoperable Radio System. B. C. The members acknowledge that the cost of operating and maintaining the Interoperable Radio System shall be the responsibility of the members, each of which hereby authorized the MPSCC to develop a methodology of fairly allocating said cost. Section 7. MEMBERSHIP IN THE MPSCC: A. B. C. The following governments were parties to the interlocal agreement, but subsequently withdrew from the MPSCC: Boca Raton, Briny Breezes, Delray Beach, Gulfstream, Highland Beach, Hypoluxo Jupiter Inlet Colony, Lake Park, Mangonia Park, Ocean Ridge, Palm Beach Shores, Belle Glade, Pahokee, South Bay, and the School District of Palm Beach County (hereinafter 'Withdrawn Agencies"). The withdrawn agencies are no longer members of the MPSCC and shall have no rights, responsibilities, or obligations relative to the radio system. The City of Boca Raton will remain a member of the MPSCC but shall not be obligated to pay any of the amounts set forth in Sections 6 and 7 hereinabove; nor shall Boca Raton have any right to participate in the M/A COM Interoperable Radio System. The City of Boynton Beach and the MPSCC had previously, on April 16, 2002, (pursuant to Boynton Beach Resolution R 02-064), entered into an agreement which provided that Boynton Beach's allocation of its $12.50 monies to the Consortium was reduced by $150.00 per radio used by the City as of January 1" of the applicable calendar year, commencing with January 1, 2002. This Agreement is hereby ratified and confirmed as to Boynton Beach's obligation to pay its $12.50 monies to the MPSCC. Boynton Beach specifically agrees to pay its share of the operating and maintenance costs of the Interoperable Radio System as set forth in Section 6 C above. I 5 I Section 8. CANCELLATION OR WITHDRAWAL FROM THE MPSCC: The interlocal agreement (Section 126) permitted members to withdraw from the MPSCC. In light of the commitment the MPSCC is making to establish the interoperable radio system, the option to withdraw from MPSCC shall no longer exist. Accordingly, paragraph B of Section 12 is hereby deleted. Section 9. CONTINGENCIES The members’ obligations set forthl herein are contingent on the MPSCC securing financing, contracting with M/A COM, and contracting with the County. Upon the fulfillment by the MPSCC of these conti,ngencies, the obligations of the members shall be irrevocable. Section IO. GENERAL TERMS AND CONDITIONS: A. This amendment to the interlocal agreement, in conjunction with the interlocal agreement, sets forth all the rights, responsibilities and obligations of the members to each other, represents the entire understanding of the members, and supersedes all other negotiations, representations, or agreements, whether written or oral, relating to the subject matter of this amendment and the interlocal agreement. Neither this amendment to the interlocal agreement or the interlocal agreement can be changed, altered, amended, or modified except by written instrument signed by the duly authorized representatives of the parties. B. The headings given to the section herein are inserted only for convenience and are no way to be construed as part of this amendment to the interlocal agreement or as a limitation of the scope of the particular section to which the heading refers. This agreement setting forth an amendment the interlocal agreement is authorized by Section 163.01, Florida Statutes, being a joint exercise of power shared in common which any municipality could exercise C. 6 .~ I I I I I i i I I I I separately. This amendment to the agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida, upon execution by all of the members. Nothing stated under this amendment shall be construed to give any rights D. or benefits of any member to this agreement to anyone other than the above listed members, and all duties and responsibilities undertaken pursuant to this amendment to the interlocal agreement will be for the sole and the exclusive benefit of the members, and not for the benefit of any other. This amendment to the interlocal agreement may not be assigned by any member. This document can be signed in counterparts. E. F. Section 11. INTERLOCAL AGREEMENT REMAINS IN EFFECT: To the extent not specifically amended herein, all other provisions of the Interlocal Agreement shall remain in full force and effect. (The remainder of this page left intentionally blank) 7 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this eday of yJ& ,2003. ATTE-ST. CITY OF PALM BEACH GARDENS _.~. - ', ~ " ;; By: By: -.. Patricia Sl'kJej City Clerk APPROVED AS-fO FORM AND fl b -- A- - LEGAL SUFFICIENCY By: p<& Christine P. Tatum, City Attorney SWORN TO AND SUBSCRIBED before me this the 19 *, day of 2003, by LpI(/c $,,!A, ,@ is p'ersonw yss or JUA) &f 9 produced identification and who did or did not take an oath. ' NOTARY~UBLIC My Cornhission Expires: G:\attorney-share\AGREEMENTS\lnterlocal Agrmt mpscc.rtf I ,-- __ - - - I BmmaD JUN - 82083 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 5,2003 Meeting Date: June 19,2003 Resolution: 110,2003 Subject/Agenda Item: Municipal Public Safety Communications Consortium-First Amendment to Interlocal Agreement [X) Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: 1 City Attorney Finance Submitted by: Department Director Approved by: @YJ City Manaabr Originating Dept.: Police Advertised: Date: Paper: [ INotRequired A&cted parties L ] Notified [ ] Not required costs: $ (Total) $- Current FY Funding Source: [ ]Operating [XI Other $12.50 money collected by Palm Beach County hm each moving traffic violation Budget Acct.#: Council Action: [ IApprovedwI conditions [ 3 Denied [ ] Continued to: Attachments: I)MPSCC Operating Budgdcost Projection 2)$12.50 Fund Summary 3) MPSCC RFP Outline summary 4) Resolution 3A, 2000 5) Resolution 52,2002 6)PB County Resolution # R-2002-0 192 [ ]None Date Prepared: 06/06/03 Meeting Date:06/19/03 Resolution: 110,2003 BACKGROUND: The City of Palm Beach Gardens has joined other municipalities to form Municipal Public Safety Communications Consortium of Palm Beach County, Inc. to improve interoperability of public safety radio in Palm Beach County. Previous resolutions approved Interlocal Agreements that established and agreed to committing certain funds to Municipal Public Safety Communications Consortium of Palm Beach County, Inc. for the communication project. These funds are $12.50 from each moving traflic violation, which are issued by Palm Beach Gardens Officers and collected by Palm Beach County. Florida Statues 318.21(9) permits any county, which participates in an intergovernmental radio communications to use the monies for interoperability of a radio communication project. The funds can only be used for radio interoperability. Through an agreement with Palm Beach County the $1250 funds will be used by Municipal Public Safety Communications Consortium of Palm Beach County, Inc. to pay debt service for MIA COM to complete the backbone and necessary equipment to establish the interoperable 800 MHZ radio System. Implementation of the radio project will provide for the basic level of interoperability between existing radios systems for all municipal radio users. The planned radio system is fully digital voice and data functionality in one network STAFF RECOMMENDATION: Approve resolution, pledging Palm Beach Gardens $12.50 moving violations funds for a minimum of twelve years, waiving the right to withdraw during the debt financing of the communication project, contingent on Municipal Public Safety Communications Consortium of Palm Beach County, Inc. securing financing for the 800 MEIZ radio system, contracting with M/ACOM to provide system and agreement with Palm Beach County to lease system. RESOLUTION: 110,2003 .. .. . .. MPSCC Operating Budget Projection Rev 4-10-03 04/05 3,000 3,060 78.000 0 05/06 3,000 3,121 81,120 31,212 NIA 35,500 5,202. 56,000 9,363 0 0 1,500 0 15,000 25,000 266,O 18 06/07 3,000 3,183 84,365 3 1,836 NIA 35,500 5,306 56,000 9,550 See maint budget 0 1,500 0 10,000 25,000 265,240 Revenue Sources I I I I I I Notes 0 Assumption that installation will be in 4* quarter of 2003 0 Maintenance kicks in Sept 30,2006 0 Administration costs escalate by 4% per year 0 Other costs escalate 2% per year Equipment insurance costs stay level, depreciation is offset by increased replacement costs ** fiom unspent contingency in costs section 0 *** carry over to next year . I ‘r’ . 4. Size Small (10) Med (4) I Dues Estimate Rev 4-1 0-03 02/03 03/04 04/05 05/06 06/07* ’ 4,000 8,000 8,000 9,500 9,500 10,000 .20,000 20,000 24,500 24,500 Large (2) 15,000 , 30,000 3 0,000 36,500 37,000 I 06/07 Maintenance Costs by Number of Member Radio's" Rev 4- 10-03 Portables ' Mobiles city Total 06/07 Maint. Cost Share * $322,345 maintenance costs (infirastructure only) divided by 3076 radio units = $105 per unit I. .- i MPSCC Member $12.50 Fund Summary Jan'03 Notes 1. Boynton shows as having 170 radio's x $150 per year = 25,500 *Reimbursement for 9 months (Jan-Sept 02) ** Reimbursement for 4 months (Oct 02-Jan 03) . __ . - . .. . .. . .. ,. * '.' ... .. ;. - i . *. . <. * I I I I ~ I i I I ! I I ! I ? 4 ? MPSCC RFP OUTLINE DOCUM!ENT SUMMARY DESCRIPTION OF PROJECT: The MPSCC, by its very structure, is paving new ground in the definition and procurement of a public safety communications network. Through its balance of community cooperation and individual municipal autonomy, the MPSCC has defined a set of attributes - scalability, flexibility and interoperability - that must form the core of its public safety communications network. WA-COM believes that the advanced communication technologies found in our Opensky@ Wireless Private Network make it a uniquely appropriate solution for the partnership of municipal public safety organizations that constitute the MPSCC. The Base offering proposed by MA-COM is filly compliant with MPSCC specifications. To highlight the flexibility and scalability of the OpenSky network, also proposed is an Alternate system design that uses fewer sites and is still compliant with the intent and fbndamental requirements of the RFP, while offering a lower entry price and a smooth path for fiture growth. The OpenSky Network Bas& on Standards: The OpenSky network represents a significant departure from the core concepts that have dominated the private trunked radio systems market for the past 25 years. While manufacturers of traditional trunked radio systems have continued to utilize highly proprietary signaling and networking methods, MA-COM developed the OpenSky network using such globally accepted standards as CDPD packetized data and Internet Protocol (IP). The OpenSky network infiastructure features products from such industry leaders as Cisco Systems and Sun Microsystems - the kind of commercial, off-the-shelf networking and routing hardware commonly demanded for today's wired LAN. Designed for Highest Demand: The OpenSky network is a wireless private network designed to meet the demanding needs of public safety and wide area government applications. In particular, the OpenSky network utilizes Time Division Multiple Access (TDMA) technology to achieve very high levels of spectrum efficiency. Major subsystems included within this proposal include equipment and services required to provide fblly integrated dispatch console systems, microwave connectivity, mobile data and vehicle and personnel location technology. One Infrastructure for Voice and Data: With the OpenSky network, the Palm Beach County MPSCC will benefit from a shared, high capacity radio network that delivers trunked voice and data communication from a single infrastructure. The true integration of voice and data within one network means that the OpenSky network also allows the MPSCC to meet its mobile voice and data communication requirements while using only one radio Der vehicle. With the - L 3 OpenSky system proposed here for MPSCC, there is no need to construct separate networks to benefit from advanced wireless voice and data services. The use of Time Division Multiple Access (TDMA) technology and an advanced airlink protocol provides radio channel efficiency and performance stability unparalleled in the private land mobile radio industry. An OpenSky network provides robust data performance in peak loading conditions and high voice traffic capacity through an extremely spectrum-efficient design. Among the many specific features of the OpenSky system proposed for the Palm Beach County MPSCC: 4-SLOT TDMA UPGRADE option to maximize voice capacity; ADVANCED wireless communication technology, field-proven in North America’s largest private mobile radio network; SOFTWARE-BASED subscriber radios capable of both voice trunking and high performance data commqication at a data rate of 19.2 kbps; SCALABLE, Internet Protocol-based network architecture employing state- of-the-art networking components for the communication backbone; INTEROPERABILITY between existing conventional and trunked radio systems and the OpenSky nework; COST-EFFECTIVE wide area coverage even in lowdensity areas, enabled by lower cost pole-mounted base stations and vehicular repeater configurations. No dedicated control channels required because of OpenSky embedded trunking controls. REDUNDANCY in control and switching equipment is easily implemented to ensure highly reliable voice and data communication. FREEDOM to select the right peripheral application for your needs. Multiple options are offered with this proposal. OVER-THE-AIR PROGRAMMING & PROVISIONING greatly reduces management effort while dramatically increasing system manageability. PRICING & REQUESTED BREAKDOWN: Two designs were submitted in the RFP. __ -. - __ ._ - -. -. ,' , l .d I I The Compliant Design had a total cost of $16,988,223. The Alternative Design (also came to be know as Phase I) was the design intended to award based inldiscussions. It has a total cost of $13,634,982. Of that 13M Number, the approximate, budgetary breakdown of the number is: *Engineering and Design: $1,150,246.00 *Project Services: $3,894,285 .OO *Hardware & Infastructure $8,590,45 1 .OO THESE NUMBERS ARE BASED ON THE RFP AND ARE SUBJECT TO REVIEW AND CWGE BY MA-COM. MAINTANCE: This includes ongoing years, from the RFP, for all system items for software, fixed and miscellanous materials. It excludes any work for subscriber units and is for the infastructure system only. Year 1 $367,000.00 Year 2 $378,010.00 Year 3 $389,350.00 Year 4 $401,030.00 NOTES to Maintance: . - .. . ... . . . ... . - -. . . . .. .. . .. . . ..... . ~ ~ ~~~ ~~ ~ - .. ~ ..... I * Software Maintenance Contract MA-COM will provide an optional software maintenance contract that includes periodic upgrades of any and all system operational software. The following software upgrades will be covered: Patches for defective software New releases that are corrective revisions for earlier versions No cost enhancements to earlier releases New Software releases that contain enhancements (new features and capabilities) will be quoted for purchase by the MPSCC. WARRENTY: Standard Warrenty Terms: * MA-COM’s standard warranty is as follows: “Seller warrants for a period of twelve (12) months fiom the date of System Acceptance by Buyer or the date Buyer receives beneficial use of the system, whichever occurs first, or delivery by Seller of stand-alone equipment such as mobile and portable radios, that the said System or Equipment (“Products”) (exclusive of the batteries which warranty shall be six (6) months fiom the date of shipment) will be fi-ee fiom defects in material and workmanship and will be in conformity with applicable specifications and drawings (the “Specifications”); provided, however, that this warranty shall not apply to any Products which shall have been abused or misused physically or electrically, or on which the trademark shall have been defaced or obliterated. Buyer shall request written return material authorization within the warranty period prior to the return of any nonconforming Products. If a Product is found not in conformance with this warranty, it will be covered by this warranty only if written authorization is requested within a period of twelve (12) months fiom the date of system acceptance and/or beneficial use, whichever occurred first. Authorization for return must be secured fiom Seller and will not commit Seller to the making of any repair or replacement hereunder. Requests for return authorization should list types and quantities of Products involved, the reason for the request, information concerning operating conditions involved, and the period of use. In addition, the Order number and, where possible, the original invoice number covering the original purchase of the Products involved must be shown. Returned Products must be shipped, transportation prepaid, by the most practical method of shipment. Shipping ,- 1 ‘i Please note that MA-COM’s professional liability insurance policy prohibits waiver of subronation. costs will be credited to the Buyer for all Products found to be subject to warranty adjustment. Excessive transportation costs will not be allowed. Seller can accept no billing for packing, inspection, labor charges or other incidental costs in connection with any Products returned. Unless otherwise requested by Buyer, returned Products found not subject to this warranty will be sent back to Buyer, transportation collect. In all cases, Seller’s determination will be final. With respect to Products found not in conformity with this warranty, the remedy will take the form, at Seller’s option, of a replacement or repair of the defective or nonconforming Product. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). IN NO EVENT WILL SELLER BE LIABLE FOR DAMAGES ARISING FROM BREACH OF THIS WARRANTY, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. THE FOREGOING CONSTITUTES BUYER’S SOLE REMEDY AND SELLER’S SOLE LIABILITY FOR BREACH OF WARRANTY. In the event of replacement pursuant to the foregoing warranty, such warranty shall apply to the replaced Product. In the event of repair pursuant to the foregoing warranty, the validity of the foregoing warranty will be twelve (12) months fiom the date of shipment of the repaired Product less the period of time between the date of original shipment and the date on which Seller received return of the Product for repair. ” INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL 2 3 4 5 SOME TERMS & NOTES THAT MAY APPLY IN GENERAL: ~ All indemnification and/or overall general liability provisions such as patent indemnification, personal liability, properly loss, etc., including any exclusions of limitation of liability, are an important part of final contract discussions. The Performance Bond should be issued to those phases which are fully hded. MA-COM agrees with the requirement for the performance bond to cover all direct costs associated with each released phase of the contract. The term “COST” as it relates to indirect, consequential, and incidental warrants fbrther discussion. WA-COM is willing to negotiate with any lenders approved by MPSCC. These are preliminary only and are not binding till contract agreement. I i I , I I i I I i i i 9 10 11 12 6 7 8 WA-COM’s standard payment terms are NET 30 days. It is understood from this provision that MPSCC will indemnify MA-COM from all such tax liability and obligations. WA-COM will make every reasonable good faith effort to become familiar with all I to support the program schedule. . I All indemnification andlor overall general liabilitv Drovisions such as Patent 13 14 I indemnification, personal liability,iroperty loss, kic., including any ehsions of I limitation of liability, are an impojtant part of final contract discussions. WA-COM will defend all patent indemnity claims. I , 4 i I ! 1 I I I I I I LL 23 MA-COM WILL PROVIDE 1REQUIREiD SERVICES FOR AT LEAST 7 YEARS FOLLOWING DATE OF SHIPMENT OF PRODUCTS AND WILL PROVIDE ADVANCE NOTICE OF INTENT TO CANCEL ANY PRODUCT LINE AT LEAST 90 DAYS IN ADVANCE OF SUCH CANCELLATION. MA-COM agrees to keep replacement parts or equivalents available for the customary Deriod of 7 vears after shiornent. MA-COM Background: MA-COM is well qualified to offer industry-leading wireless solutions. With fifty years of achievement in the wireless industry, including RF, microwave and millimeter wave technology and products, MA-COM today maintains a leadership position in high performance wireless component technology and is recognized as strong in advanced wireless protocols. MA-COM’s heritage is rich with technical innovation and successfbl mission critical programs. With the OpenSky technology, WA-COM delivers a new level of network capability in M/A-COM, headquartered in Lowell, Massachusetts is a unit of Tyco Electronics, which is a division of Tyco International, Ltd., a diversified manufacturing and service company. Tyco International is the world’s largest manufacturer and installer of fire and safety systems, the largest provider of electronic security services in North America and the United Kingdom, and has strong leadership positions in disposable medical products, packaging materials, flow control products, electrical and electronic components and underwater telecommunication systems. The Company employs more than 21 5,000 people and operates in more than 100 counties. Tyco International has facilities in Boca Raton, Florida and employs over 1,000 people in the State of Florida alone. Tyco I private radio applications. i I International reported fiscal 2002 revenues of nearly $38 Billion, ranking Tyco International among the fifty largest companies in the world. This proposal is backed by the unreserved cohtment of MIA-COM and the Tyco International organization to the successful deployment of an OpenSky system for MPSCC. Together, IWA-COM and Tyco International bring significant financial and organic strength to the task of completing this critical system. M/A-COM Experience: WA-COM’s OpenSky technology has been field proven in the widest area private mobile radio network in the United States. Over 15,000 mobile radios are presently in-service in the continent-wide network operated by FedEx Corporation, one of the world’s most innovative users of wireless radio technology. At fidl deployment, FedEq will be served by over 40,000 new radios. The OpenSky network will also provide statewide trunked, digital voice and data service to twenty-two state agencies in Pennsylvania, including the Pennsylvania State Police, as well as a number of Pennsylvania county governments, each with dozens of municipal public safety agencies depending on OpenSky technology. At this time, WA-COM is actively engaged in the implementation of the State of Pennsylvania’s OpenSky network, as well as independent public safety networks for two Pennsylvania counties (Lancaster and Cumberland County). M/A-COM has also since the RFP been awarded Oakland County, MI a 36M county wide award for OpenSky for voice and data with NF interoperability. I WA-COM is also the radio system provider for the entire State of Florida and we are working a phased approach for the Florida State Wide System that is on schedule. MA-COM also has completed the deployment of an OpenSky system as a part of a countywide transit voice and data network for the Orange County, CA Transit Authority. . January 10,2000. RESOLUTION 3& 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY. THE MAYOR TO EXECUTE SAME, AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the City of Palm Beach Gardens maintains a police department utilizing radio CommunicationS krvices, and WHEREAS, the City of Palm Beach Gardens desire to enter into a cooperative arrangement to provide communications services benefiting public safety; and WHEREAS, the use of a consortium to provide radio communications services expands the geographical use of available fiequencies for mutual aid and day-to-day activities; and WHEREAS, pursuant to this Interlocal Agreement, the police and fire departments will be able to communicate with each other benefiting public safety concerns; and I WHEREAS, the City of Palm Beach Gardens desire to have improved radio communications with other county, state and federal public safety agencies, and WHEREAS, the City of Palm Beach Gardens has determined that it is advantageous to enter into this Agreement for the express purpose of cooperating in the provision of public safety communications services, and WHEREAS, Chapter 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969”, authorizes local governmental units 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 in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1 The City Council of the City of Palm Beach Gardens, Florida, hereby authorizes the Mayor and City Clerk to execute an Interlocal Agreement between the City of Palm Beach Gardens and the Municipal Public Safety Communications Consortium SECTION 2 This Resolution shall take effect upon the date it is adopted I INTRODUCED, PASSED, AND ADOPTED THIS 20* DAY OF JANUARY 2000. I ATTEST: LINDA V KOSTER, CMC CITY CLEW ' APROVED AS TO LEGAL FORM AND SUFFICIENCY w z- )/ I & I VOTE: i AYE NAY ABSENT 0- MAYOR RUSSO --_I_ VICE MAYOR FURTAD0 -- COUNCILMAN JABLIN .--- COUNCILMAN CLARK --- COUNCILMAN SABATEUO --- - v' Y CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 52,2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, COMMITTING ITS PORTION OF FUNDS ACCORDANCE WITH SECTION 31 8.21 (1 0), FLORIDA STATUTES, TO THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM (MPSCC) COMMUNICATIONS PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ALLOCATED BY PALM BEACH COUNTY RESOLUTION R-20024192 IN WHEREAS, section 163.01, Florida Statutes, authorizes local governmental units 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 provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the implementation of an interoperable countywide municipal public safety communications system will allow municipal public safety agencies to improve the provision of services by virtue of enhanced interagency communication and cooperation; and WHEREAS, the Municipal Public Safety Communications Consortium ("MPSCC") was formed through the cooperative efforts of the various municipalities to plan and implement an interoperable countywide municipal public safety radio communications system; and c. WHEREAS, the City of Palm Beach Gardens has joined 21 other Palm Beach County municipalities to form the MPSCC and the City has long been involved with its efforts to improve public safety communications; and WHEREAS, the MPSCC, through the diligent efforts of its member municipalities, has developed a plan for a municipal countywide interoperable communications system, which has been approved by the State of Florida, Office of Technology, as required by section 282.1 1 1 (5), Florida Statutes; and WHEREAS, section 318.21(10), Florida Statutes, permits any county which participates in an intergovernmental radio communications program approved by the State of Florida Department of Management Servic6s to use $12.50 from each moving traffic violation to fund that county's participation in the program; and -1- , -. I i , i I 4 WHEREAS, a portion of the revenues collected are from violationswhich are written by municipal law enforcement officers within municipal limits; and WHEREAS, the Board of County Commissioners allocated a portion of the revenues generated by municipalities for their benefit under Resolution R99-2343 D, as amended on February 5, 2002 by Resolution R-2002-0192, to encourage the interoperability of municipal communications systems and therefore enhancing the County's Intergovernmental Communications Plan; and WHEREAS, the member municipalities of the MPSCC desire to move forward with the construction of a supplement and enhancement to the County's interoperable countywide radio network, subject to the final; approval of the capital budget provided in Section 12 of the MPSCC Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: as being true and correct and are hereby made a specific part of this Resolution. SECTION 1 : The foregoing "WHEREAS" clauses are hereby ratified and confirmed SECTION 2: The City Council of the City of Palm Beach Gardens, as a member of the MPSCC, hereby pledges its support of MPSCC public safety communications plan and its inclusion as an enhancement and part of the State approved Palm Beach County Intergovernmental Radio Communications Program Plan. SECTION 3: The City of Palm Beach Gardens hereby commits its full share of the $12.50 traffic fine revenues, as allocated by the County through Resolution R-2002-0192, to the Eligible Expenses of the MPSCC for construction and implementation of its radio network for a prior of ten years from the date of contract with the radio vendor. SECTION 4: The City of Palm Beach Gardens requests that the County provide its portion of the $12.50 traffic fine revenues to' the MPSCC for construction of the radio system following the procedures set forth in County Resolution R-2002-0192. SECTION 5: All resolutions or parts oforesolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall bedome effective immediately upon adoption, provided, however, that this Resolution shall automatically be repealed if the City of Palm Beach Gardens exercises its right to withdraw from the MPSCC as provided in Section 12 -2- . . ._ . . . . . . . . . . .- . .. . - . . - ... - .. I <: 2 of the MPSCC Interlocal Agreement within the prescribed timeframe following receipt of the capital budget. RESOLVED, ADOPTED AND APPROVED THIS /fwDAY OF /c ,2002. VOTE: AYE NAY ABSENT / MAY OR JABLIN --- / VICE MAYOR SABATELLO --- / COUNCILMAN CLARK --- COUNCILMAN RUSSO L-- COUNCILWOMANDELGADO -d - -, -3- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 2343D, SUPPORTING THE ALLOCATION OF A PORTION OF THE FUNDS COLLECTED PURSUANT TO SECTION 318.21(10), FLORIDA flATU;IW; FOR THE BENEFIT OF THE MUNICIPALITIES AND THE ENHANCEMENT OF THE COUNTY'S INTERGOVERNMENTAL COMMUNICATIONS PROGRAM, AND PROVIDING FOR DISBURSEMENT PROCEDURES. PALM BEACH COUNTY, FLORIDA AMENDING RESOLUTION R-99- WHEREAS, Section 318.21(10), Florida Statutes requires any county which participates in an intergovernmental radio communications program approved by the State of Florida Department of Management Services to use $12.50 from each moving traffic violation to fund that county's participation in the program, and WHEREAS, a portion of the revenues collected are from violations which are written by municipal law enforcement officers within the municipal limits, and WHEREAS, the Board of County Commissioners has entered into a contract for, and has implemented a 809 MHz trunked radio public safety communications system which meets the requirements of FS 318.21(10) as determined by the State of Florida Department of Management Services and Is currently being utilized by the County, some State and Federal agencies as well as by some municipalities, countywide, and WHEREAS, the Board of County Commissioners can encourage interoperability of municipal communications systems with the countywide public safety communications system by allocating a portion of the revenues generated by municipalities for their benefit and therefore enhancing the County's Intergovernmental Communications Plan; and WHEREAS, in order to encourage interoperability, the County adopted Resolution R99- 2343 D which now requires amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 1. The purpose of the Resolution Is to amend the process established by Resolution R99 -2343D by which a portion of the $12.50 Monies, specifically the monies collected from violations written by Municipal Law Enforcement Officers can be used to facilitate municipal participation in an interoperable public safety radio communications system. A. In order to implement this direction, on January 1, 2000, the County established separate Orgs within Fund 172. P.p I ./ 7 I . *. .* 6. The Clerk of the Circuit Court has and will continue to assign all $12.50 monies that are collected from moving violations written by municipal law enforcement officers into the Municipal Org and all $12.50 monies that are collected from moving violations written by PBSO, Florida Highway Patrol and other non-municipal law enforcement agencies within Palm Beach County into the County Org. This supplements the requirements of Resolution R92-1187 and amends Resolution R99-2343D and to the extent that there are conflicting provisions, the provisions of this Resolution will prevail. 2. Definitions A. B. C. D. E; .. F. G. H. .' Countv Orq- The portion of the $12.50 monies in Fund 172 which are collected by PBSO, Florida Highway Patrol and other non-municipal law enforcement agencies. Countvwide Svstem - The 800 MHz trunked radio system funded, purchased, installed, maintained and owned by the County including fixed and field transmitting and receiving equipment, a microwave system for communications between sites, SmartZone Controller and related management equipment, dispatch consoles and related equipment. Eliaible ExDenses - Capital purchases and other expenses which may be allowed pursuant to the requirements of 318.21(10), F.S. Fund 172 - The fund within the County's accounting system that all revenues collected pursuant to 318.21(10) F.S. are deposited. ICP Svstem - The interoperable radio system(s) which are included in the approved State of Florida Intergovernmental Communication Program (ICP), which approval may be amended from time to time. MuniciDal Orq - The portion of the $12.50 Monies in Fund 172 which were collected by municipal law enforcement officers. Municipal Public Safetv Communications Consoritum (MPCSS) - An entity of municipalities created under interlocal agreement as provided for by Section 163.01 F.S. and incorporated as a not-for-profit organization created for the purpose of establishing an interoperable municipal radio system to be submitted to the State of Florida for approval for incorporation into the County's ICP. ParticiDatina Municioalitv - A municipality that is a part of the County System via one of the following three methods; 1) direct access, 2) connection through the SmartZone Controller, or 3) connection to a municipality which is connected through the SmartZone Controller (Hub). $12.50 Monies -The funds that are collected pursuant to 318.21(10) F.S. P.r 2d 7 3. The Palm Beach County League of Cities ("League") has presented an allocation methodology to the Communications System and Operations Policy Advisory Committee (CSOPAC) for ratification. The CSOPAC has ratified such allocation methodology and has provided the allocation methodology to the County to be used as the basis for distribution of funds from the Municipal Org, as required by Resolution No. 99- 23430. 4. While the League had initially allocated all funds in the Municipal Org to the MPSCC, it is recognized by both the County and the League that certain municipalities may have already or will expend funds collected from sources other than the $12.50 monies which may meet the requirements of Eligible Expenses and therefore be eligible for reimbursement from the Municipal Org. :In order to provide fora methodology which allows for the equitable allocation of funds to municipalities with police departments for any Eligible Expense, the monies in the Municipal Org will be assigned to individual municipalities based on actual collectionsl within that municipality. Exhibit A to this Resolution identifies the collections as of 10/31/01. Thus, any municipality shall be allowed to request reimbursement for Eligible Expenses up to the amount assigned to that municipality. 5. Requests for disbursements will be accepted for Eligible Expenses pursuant to the procedures for disbursement from the County attached hereto as Exhibit B, which may be modified from time to time by written approval of the County Administrator. The County shall update Exhibit A and distribute to all municipalities by February 15Lh annually. Municipalities not participating on the Countywide System shall individually elect by resolution of the municipal governing body by May 1'' annually, or for a longer term at the option of each municipality, whether it wants its allocation to be a.ssigned to Eligible Expenses of the MPSCC. The MPSCC shall have the resolutions of the municipal governing bodies specifically identify the amount of the allocation which is being assigned to the MPSCC. These resolutions shall be used by the MPSCC as the funding evidence required by Exhibit 6, Section 2B. 6. The County may expend Municipal Org funds only for Eligible Expenses. The County will disburse funds for subscriber units to Participating Municipalities. The County will allow Municipal Org funds of municipalities participating in the ICP System via the MPSCC, to purchase portable and mobile subscriber units with funds from the Municipal Org when sufficient equipment required to connect to the Countywide System is purchased and operational. this portion of page htentlonally lefl blank Page3of 7 I I 4' I 7. The execution of this resolution does not create an entitlement for the municipalities to any of the funds collected pursuant to Section 318.21(10) F.S.. The foregoing resolution was offered by Commissioner McCarty , who moved its adoption. The motion was seconded by Commissioner Maailntti , and upon being put to a vote, the vote was as follows: COMMISSIONER WARREN H. NEWELL - Aye COMMISSIONER CAROL A. ROBERTS - Aye COMMISSIONER KAREN T. MARCUS - Aye COMMISSIONER MARY MCCARTY - Aye COMMISSIONER BURT AARONSON - Aye COMMISSIONER TONY MASILOlTI - Aye COMMISSIONER ADDIE L. GREENE - Aye The Chair, thereupon, declared the resolution duly passed and adopted this 5'h day of February, 2002. PALM BEACH COUNlY, FLORIDA BY ITS BO>ARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY Ass't Couvttorney I Dorothy H. Wilken, Clerk Deputy Clerk APPROVED AS TO 1 CONDITIONS -------> - ~~ Dir. Facilities Development & Operations Exhibit A 0 - . - . . . '. Exhibit B Procedures for Disbursem-ent from Palm Beach County P Any agency requesting funding from Palm kach County from the municipal portion of the $12.50 monies ("Requesting Agency") shall submit to Palm Beach County Facilities Development & Operations a Request for Funding C'Reques"'). The Request shall Include the following. 1. 2. 3. 4. 5. The Request must demonstrate that the Requesting Party is interoperable (pursuant to the acceptable levels of interoperability established by the CSOPAC) with the ICP System. If the Requesting Agency is the MPSCC, it must also include a funded plan for becoming interoperable with the Countywide System. The Request must identify; A) those items for which the Requesting Agency is seeking disbursement which must be compliant with the requirements of FS 318.21(10), and B) evidence that the funding has been committed for those purchases (form to be executed will be provided). If the Agency is the MPSCC, it must also include the non-$12.50 funding sources for all equipment included the plan for which funding is requested and a copy of the agreement to be signed with the vendor to demonstrate that items for which disbursement is sought are included in the contract, and that there are no on-going obligations being assumed by the County as a result of the MPSCC contract The Request must include a maintenance plan which identifies who will be responsible for the maintenance of the equipment purchased with distributed funds. The agency with responsibility for maintaining the equipment (Maintenance Agency) will be responsible for replacing the equipment, if, or when required. The Request must identify the official of the Requesting Agency that has the ability to bind the Requesting Agency. The Request must include an executed Equipment Use Agreement included as Attachment 1 to this Exhibit. The Request will be reviewed by the Facilities Development & Operations Dept which will determine compliance with the above. FD&O shall have 30 days to review the request at which time It will either be returned with a letter stating compliance or identifying the necessary modifications to bring the Request into compliance. Compliant requests of Participating Municipalities or the MPSCC will be approved by Facilities Development 8 Operations. If FD&O and the Requesting Agency are unable to agree on compliance, the request will be forwarded ,to an ad hoc group consisting of'the County Administrator, the County Attorney, and the League's General Counsel for a final decision. Pep 5 ./ 7 FD&O shall encumber the approved amount from the disbursement within the Participating Municipality or the individual municipality' (having assigned by resolution, their allocation to the MPSCC) portion of the $12.50 funds and provide a copy of the request and the approval letter to the Finance Department of the Clerk of the Circuit Court. The County will disburse to a Requesting Agency who is a Participating Municipality at any time during the calendar year, but in no case more frequently than semi-annually upon receipt of an invoice from the Requesting Agency specifying the amount of the disburseable costs Incurred by the Requesting Party. If the Requesting Agency is the MPSCC, disbursements may be made at a frequency identified in its funding plan, but in no case more frequently than monthly. Disbursements shall be made within 21 days of receipt of a request for disbursement which meets the requirements of this Resolution. The total of all disbursements may not exceed the total of the Request. The first request for disbursement shall include a copy of any contract or purchase order against which the invoice is made. The County may reasonably request evidence that the Invoice costs were actually incurred by the Requesting Agency and that the labor, services or materials for which payment is being made are a part of the ICP System. Each request for disbursement must be signed by the authorized representative of the Requesting Party certifying that the equipment has been received from the vendor and that such payment request is consistent with the approved Request. The request for disbursement may be in whatever format is acceptable to the Requesting Agency's Finance Department and isxonsistent with the terms of the Requesting Agency's contract or purchase order with the vendor. The Requesting Agency will be bound to the'specifics (ie: fVpe and quantity of equipment, timing, etc.) of the Request, Any modifications to the Request will require re-submittal to FD&O for written approval. I I -El" 1 TO EXHIBIT B This Agreement applies to any and all equipment purchased with monies collected pursuant to 318.21(10) F.S.S. and placed In the $12.50 Intergovernmental Communications Fund ("$12.50 Fund"). The term Agency refers to an entity which receives funds from the $12.50 Fund. A. B. C.. E. .- F. The Agency will provide FD&O, at least 30 days prior to the installation of the asset, a list of all equipment purchased with $12.50 Fund monies. The list shall identify the asset by name, the purchase price of the asset, the work unit to which the asset is assigned. The County will provide the Agency with an asset number for each piece of equipment. The Agency will be responsible for tagging the equipment accordingly. The Agency may chose to have the County tag the equipment and utilize the County's bar coding system if it chooses: By July 314 of each year, the Agency will provide the County with an inventory of the assets certified by the Agency Inventory Ofncer. The Agenq Inventory Officer shall, at all times, comply with all requirements of any Statute governing local government fixed assets. The Agency Inventoty Omcer shall be ' (type name and position of Agency Inventory Officer). The term of this Agreement 1s.a 30 year period or the life span of the equipment whichever is shorter. During the term of this Agreement, the Agen* shall be responsible for maintenance of the equipment. In the event that the Agency determines that it is appropriate to surplus a piece of equipment prlor to the thirty year period, the Agency will provide the County with the equipment that is to surplused. Upon receipt of the equipment, the asset will be removed from the agencies inventory. The County shall dispose of the equipment. The Agency will use the equipment/purchases solely for uses allowed pursuant to the 318.21(.10) F.S.S, and consistent with the approved Request for Funds. In the went that the Agency does not adhere to the terms of this Agreement, the County will provide notice and the Agency wlli have 30 days to cure the default. In the event that the default is not cured, the Agency shall be required to repay the monies disbursed from the $12.50 Fund within 30 days of the default. By signing below, the Agency agrees to abide by the terms of this Agreement. Witness Signature of Authorized Agency Representative Date Print Name and Title of Authorized Agency Representative Date of County Acknowledgment Signature of FD&O Director w CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager DATE: 6/16/03 1 FROM: Stephen Stepp, Chief of Police SUBJECT: Radio Consortium Agreement The City of Palm Beach Gardens has joined 16,other municipalities to form the Municipal Public Safety Communications Consortium of Palm Beach County, Inc., to improve the interoperability of public safety radio communications in Palm Beach County. The radio technology being sought with this resolution is the best available allowing any and all radios to talk to each other through a common infrastructure. For this project to proceed, all major cities in the consortium must agree to the “First Amendment to Interlocal Agreement” being presented. Should all cities not agree, thus causing this radio project to stop, each city will select their own means to solve their communications needs in the future. If the latter event should present itself, the City of Palm Beach Gardens will consider a proposal and an agreement with Palm Beach County, for radio services. This will be presented at a later date to Council. I .- CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 52,2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, COMMITTING ITS PORTION OF FUNDS ACCORDANCE WITH SECTION 318.21(10), FLORIDA STATUTES, TO THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM (MPSCC) COMMUNICATIONS PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ALLOCATED BY PALM BEACH COUNTY RESOLUTION R-2002-0192 IN WHEREAS, section 163.01 , Florida Statutes, authorizes local governmental units 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 provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the implementation of an interoperable countywide municipal public safety communications system will allow municipal public safety agencies to improve the provision of services by virtue of enhanced interagency communication and cooperation; and WHEREAS, the Municipal Public Safety Communications Consortium (“MPSCC”) was formed through the cooperative efforts of the various municipalities to plan and implement an interoperable countywide municipal public safety radio communications system; and c. WHEREAS, the City of Palm Beach Gardens has joined 21 other Palm Beach County municipalities to form the MPSCC and the City has long been involved with its efforts to improve public safety communications; and WHEREAS, the MPSCC, through the diligent efforts of its member municipalities, has developed a plan for a municipal countywide interoperable communications system, which has been approved by the State of Florida, Office of Technology, as required by section 282.1 11 (5), Florida Statutes; and WHEREAS, section 318.21 (IO), Florida Statutes, permits any county which participates in an intergovernmental radio communications program approved by the State of Florida Department of Management Services to use $12.50 from each moving traffic violation to fund that county’s participation in the program; and -1 - WHEREAS, a portion of the revenues collected are from violations which are written by municipal law enforcement officers within municipal limits; and WHEREAS, the Board of County Commissioners allocated a portion of the revenues generated by municipalities for their benefit under Resolution R99-2343 D, as amended on February 5, 2002 by Resolution R-2002-0192, to encourage the interoperability of municipal communications systems and therefore enhancing the County’s Intergovernmental Communications Plan; and WHEREAS, the member municipalities of the MPSCC desire to move forward with the construction of a supplement and enhancement to the County’s interoperable countywide radio network, subject to the final approval of the capital budget provided in Section 12 of the MPSCC Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1 : The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens, as a member of the MPSCC, hereby pledges its support of MPSCC public safety communications plan and its inclusion as an enhancement and part of the State approved Palm Beach County Intergovernmental Radio Communications Program Plan. SECTION 3: The City of Palm Beach Gardens hereby commits its full share of the $12.50 traffic fine revenues, as allocated by the County through Resolution R-2002-0192, to the Eligible Expenses of the MPSCC for construction and implementation of its radio network for a prior of ten years from the date of contract with the radio vendor. SECTION 4: The City of Palm Beach Gardens requests that the County provide its portion of the $12.50 traffic fine revenues to the MPSCC for construction of the radio system following the procedures set forth in County Resolution R-2002-0192. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon adoption, provided, however, that this Resolution shall automatically be repealed if the City of Palm Beach Gardens exercises its right to withdraw from the MPSCC as provided in Section 12 -2- - .. . . . . . of the MPSCC Interlocal Agreement within the prescribed timeframe following receipt of the capital budget. RESOLVED, ADOPTED AND APPROVED THIS /fmDAY OF //n /L ,2002. VOTE: AYE NAY ABSENT / MAYOR JABLIN --- / VICE MAYOR SABATELLO --- / COUNCILMAN CLARK --- COUNCILMAN RUSSO L- - COUNCILWOMAN DELGADO / -3- January 10,2000 RESOLUTION -3q, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY. THE MAYOR TO EXECUTE SAME, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens maintains a police department utilizing radio communications services, and WHEREAS, the City of Palm Beach Gardens desire to enter into a cooperative arrangement to provide communications services benefiting public safety; and WHEREAS, the use of a consortium to provide radio communications services expands the geographical use of available frequencies for mutual aid and day-to-day activities; and WHEREAS, pursuant to this Interlocal Agreement, the police and fire departments will be able to communicate with each other benefiting public safety concerns; and WHEREAS, the City of Palm Beach Gardens desire to have improved radio communications with other county, state and federal public safety agencies, and WHEREAS, the City of Palm Beach Gardens has determined that it is advantageous to enter into this Agreement for the express purpose of cooperating in the provision of public safety communications services, and WHEREAS, Chapter 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969”, authorizes local f 1 .- governmental units 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 in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby authorizes the Mayor and City Clerk to execute an Interlocal Agreement between the City of Palm Beach Gardens and the Municipal Public Safety Communications Consortium SECTION 2 This Resolution shall take effect upon the date it is adopted INTRODUCED, PASSED, AND ADOPTED THIS 20* DAY OF JANUARY 2000. ATTEST: ROVED AS TO LEGAL VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO - --- COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO - --- - --- . .- INTERLOCAL AGREEMENT to establish Municipal Public Safety Communications Consortium of Palm Beach County THIS AGREEMENT, entered into this day of 1999, by the municipalities of Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes, Delray Beach, Greenacres, Gulfstream, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Jupiter Inlet Colony, Lake Clarke Shores, Lake Park, Lake Worth, Lantana, Manalapan, Mangonia Park, North Palm Beach, Ocean Ridge, Pahokee, Palm Beach, Palm Beach Gardens, Palm Beach Shores, Palm Springs, Riviera Beach, Royal Palm Beach, South Bay, South Palm Beach, Tequesta, Wellington, West Palm Beach; each a Florida municipal corporation located in Palm Beach County, Florida and the Palm Beach County School District, a unit for the control, organization and administration of schools. W ITNE S SE T H: WHEREAS, each of the Parties presently maintains a police or fire department utilizing radio communications services, and WHEREAS, the Parties desire to enter into a cooperative arrangement to provide communications services benefiting public safety; and WHEREAS, the use of a consortium of the Parties to provide radio communications services expands the geographical use of available frequencies for mutual aid and day-to-day activities; and 1 WHEREAS, pursuant to this Interlocal Agreement, the Parties’ respective police and fire departments will be able to communicate with each other benefiting public safety concerns; and WHEREAS, the Parties desire to have improved radio communications with other county, state and federal public safety agencies; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of public safety communications services; and WHEREAS, Chapter 163.0 1 , Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969”, authorizes local governmental units 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 in a manner and pursuant to forms of govemmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the Parties hereto agree as follows: Section 1. PURPOSE: The purpose of this Agreement is to provide for the establishment and operation of a consortium: A. To facilitate the provision of countywide interoperable radio service to the municipal public safety agencies of Palm Beach County. 2 B. C. D. E. To purchase, install, maintain and operate the necessary equipment to complete the radio system backbone and provide access to the 800 MHZ Radio Network for its members. To provide, maintain and operate the necessary means of connectivity between the new radio system backbone components, existing or planned radio systems and the Smartzone Switch. To provide management and maintenance services for the consortium communications systems. To provide other public safety communications services to its members as the Board of Directors deems appropriate. Section 2. CREATION There is hereby created an administrative agency to be entitled the Municipal Public Safety Communications Consortium of Palm Beach County, herein after referred to as “MPSCC”. The MPSCC shall have the following general powers by the parties: A. Purchase, lease, sublease or be assigned the lease of real property fiom any private party, political subdivision of the State of Florida or other governmental entity; Receive funds, including but not limited to, gifts, grants and bequests, fiom any source, public or private, provided that no power to levy taxes or assessments be inferred herefkom; Improve and maintain any and all real property acquired by purchase, lease, sublease or assignment of a lease; B. C. 3 .- ... . . D. E. F. G. H. I. J. K. L. M. Purchase, lease and install fixtures, equipment, and real property appropriate to a public safety communications system; Enter into contracts; and Exercise any other power that may be necessary for the operation of a public safety communications system or that may hereafter be agreed to by the Parties if within the common powers of all the Parties; Hold titles and licenses for the operation of the radio Backbone System; Employ agencies or employees; Acquire, construct, manage, maintain or operate buildings; Acquire, hold or dispose of property; Incur debts, liabilities or obligations which do not constitute the debts, liabilities or obligations of any of the Parties; Enter into separate agreements between the Consortium and any of its members; Assess costs or membership dues to its Members. Section 3. TERM The term of this Agreement shall be for fifteen (1 5) years fiom the execution of this Interlocal Agreement by all Parties hereto, unless sooner terminated as provided herein. The term of this Agreement may be extended by the agreement of the Parties. Section 4. DEFINITIONS A. of any TRS owned by one of the parties. “800 MHZ Trunked Radio Systems (TRS)” or “System” shall mean the entirety 4 B. which shall be jointly used or shared by the Parties and shall include, but not be limited to, the construction, modification and/or finishing of new or existing transmitter/receiving sites and related subsystems as required for such System; the construction andor modification and out-fitting of new or existing equipment storage facilities at such sites; security of such items, base stations, transmitters/receivers, microwave subsystem, trunking/simulcast controllers/system managers, related software and any other jointly used or shared items. C. D. network including, but not limited to, microwave, data links and telephone lines. E. in this document. F. provides its own police, fire or other public safety related service. G. agency. H. government entities for the purpose of providing communication services. I. J. used interchangeably. “Backbone system” shall mean those non-user specific elements of the System “Board” shall mean the Board of Directors. “Connectivity” shall mean the method of connecting the various sites in the radio “Consortium” shall mean an authority created to carry out the purposes set forth “Eligible Municipality” shall mean any municipality or government entity which “FCC” shall mean the Federal Communications Commission or any successor “HLTB Group” shall be a geographically related group of municipalities or “MPSCC” shall mean Municipal Public Safety Communications Consortium. “Member” shall mean any Party to this Agreement. Member and Party may be 5 K. to provide an interface point with other radio systems. L. “User Specific Items” shall mean those elements of the system required for each Party’s individual communications system, purchased, installed and/or used individually by each Party and shall include, but not be limited to, radios, dispatch consoles, encryption devices, computer terminals, and other communications structures. Section 5. GENERAL TERMS AND CONDITIONS A. the Parties to each other, representing the entire understanding between the Parties, and superseding all other negotiations, representations, or agreement, either written or oral, relating to the subject matter of this Interlocal Agreement. This Interlocal Agreement may not be changed, altered, amended or modified except by written instrument signed by the duly authorized representatives of all Parties. B. are in no way to be construed as part of this Interlocal Agreement or as a limitation of the scope of the particular Section to which the heading refers. C. Florida Statutes, being a joint exercise of power shared in common which any municipality could exercise separately and shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. “Smartzone Switch” shall mean a component of the County radio system designed This Interlocal Agreement states all the rights, responsibilities and obligations of The headings given to the sections herein are inserted only for convenience and This agreement constitutes an Interlocal Agreement authorized by Section 163.01, 6 i i D. Nothing under this Interlocal Agreement shall be construed to give away any rights or benefits of any party to this agreement to anyone other than the above listed parties, and all duties and responsibilities undertaken pursuant to this Interlocal Agreement will be for the sole and exclusive benefit of the Parties, and not for the benefit of any other agency or agencies. E. Section 6. BOARD OF DIRECTORS The MPSCC shall be governed by a board to be known as the Board of Directors. The governing body of each Member municipality shall appoint one person to the Board. The governing body shall also select an alternate member for the Board, who shall serve in the absence of the regular member for whom he or she is an alternate. A. This Interlocal Agreement may not be assigned by any party hereto. A chairperson and vice-chairperson shall be selected by and from the Board membership. Their duties shall be delineated in the by-laws created in accordance with Section 7-D. The chairperson and vice-chairperson shall serve for a term of two (2) years and may serve successive terms without limitation. Board members shall serve without compensation fiom MPSCC; however, the MPSCC may reimburse the member for expenses incurred for attendance at meetings. B. I I C. Each Board Member shall have one vote, however votes shall be weighted as follows; Members’ votes from municipalities with a population of 20,000 or less shall have a weight of one. Members’ votes from municipalities with a population of 20,001 to 50,000 shall have a weight of two. Members’ votes from municipalities with a population of 50,001 or more shall have a weight of three. The population statistics shall come from the University of Florida’s Bureau of Economic and Business Research. The Board of Directors may modify this formula as necessary. Action of the Board shall be by the majority of votes present in consideration of the weight of each vote. The Board shall establish such procedural rules and regulations for the conduct of its meetings, as it may deem necessary. These rules and regulations shall become part of the by-laws. The Board shall meet at least quarterly and at such other times, as the Board shall determine. All decisions of the Board shall be published in a set of minutes, prepared by the Executive Director. Procedures for preparing and distributing the minutes shall be set forth in the by-laws. The number of members required to constitute a quorum shall be one third of the total membership. Alternate members as designated in Section 6 may be counted in establishing a quorum. The Board of Directors may appoint as “Ad Hoc” members a representative from any public safety agency, which has an interest in countywide radio communications, but is not a member of the Consortium. D. E. F. G. H. 8 . .. “Ad Hoc” Members shall not have a vote on issues before the Board of Directors, but may provide input from their agency fa consideration by the Board. “Ad Hoc” Members shall serve without compensation from the MPSCC. “Ad Hoc” Members shall not be liable for any costs of the MPSCC. “he head of the agency selected as an “Ad Hoc” Member shall designate one person and an alternate to serve on the Board. The initial “Ad Hoc” Member agencies shall be: Palm Beach County Sheriff‘s Office Palm Beach County Fire-Rescue Section 7. MANAGEMENT A. Consortium’s operations to the Executive Committee. The Board of Directors may delegate responsibility for the oversight of the (1 .) The Executive Committee shall consist of the Chairperson of each HUB Group plus the Chairperson of the Board of Directors. The Chairperson of the Board of Directors shall serve as the Chairperson of the Executive Committee. (a.) In the event the chairperson of a HUB Group is also the Chairperson of the Board of Directors, that Hub Group shall elect another member to represent it on the Executive Committee. 9 The exact duties and procedures for the Executive Committee shall be enumerated in the by-laws. The Executive Committee may review the actions of the Executive Director and make recommendations. The Executive Committee shall meet as necessary. Each member of the Executive Committee shall have one vote on matters before the Committee. B. Executive Director. The authority for the day-to-day operation of the Consortium will rest with the (1 .) The Executive Director shall serve at the pleasure of the Board of Directors. The Board of Directors may enter into a contract with the Executive Director. (2.) The Executive Director may create other necessary positions and fill them according to the personnel procedures set up in the by- laws. C. Advisory Committees may be appointed by the Board of Directors to provide direction on matters before the Board. D. The Board of Directors shall within forty-five (45) days of the effective date of this Agreement, cause a by-laws document to be created and approved by a majority of the Board. (1 .) The by-laws shall set forth the operating, administrative and personnel procedures of the Consortium. 10 Nothing in the by-laws may supercede any provision of this Agreement. Amendments to the bylaws shall require approval of at least fifty- one percent of the weighted votes present at the meeting. All members must be notified in writing at least twenty-one days prior to any meeting involving a vote to amend the bylaws. E. The Criminal Justice Commission of Palm Beach County through its Law Enforcement Planning Council shall serve as the coordinating entity for the MPSCC until December 1, 1999 or such time as twenty-five percent of the eligible cities who desire participation have approved this Agreement. (1 .) , Upon reaching December 1, 1999 or obtaining twenty-five percent of eligible municipalities desiring participation, a Board of Directors shall be appointed by the city managers of those municipalities. The Board of Directors may appoint an interim Executive Director (2.) , to begin establishing the administrative hnctions of the MPSCC. (3.) The Board of Directors shall determine when all eligible municipalities have approved this agreement, declined participation, or declined by reason of lack of response and that this agreement creating the MPSCC is considered to be effective. The Board of Directors shall then appoint a permanent Executive Director. (4.) 11 .. . Section 8. FINANCIAL STRUCTURE A. members as set forth within. The Consortium is a cost sharing organization with costs divided among its B. and Federal Governments. C. of Directors. The Consortium may seek and be entitled to receive fkds from the County, State The Executive Director shall prepare an annual budget for approval of the Board (1 .) The fiscal year for the Consortium shall begin on October 1 St of each year. The fxst fiscal year of the MPSCC shall begin with the effective date of this Agreement and end on September 30th of that year. The Executive Director shall within nine months of the effective date of this Agreement prepare a capital expenditure budget, (2.) (3 .) (a.) The Executive Director shall prepare a detailed initial budgetary analysis showing the individual expenses of each HUB and the total anticipated obligation of each Member municipality. The Capital expenditure budget and budgetary analysis shall be provided to each Member within ten days of their approval by the Board of Directors. (b.) 12 D. incurs them. The HUB groups are: Costs associated with the radio network shall be assigned to the HUB Group that North West Central south West-Central School District Police Each HUB Group may select the projects it wishes to be involved in. The Group may also determine the extent it wishes to participate in larger general projects. Each Member shall select its HUB affiliation within thirty days of ratifying this agreement. This selection shall be presented to the Board of Directors for their approval. Cost within each HUB shall be apportioned according to the population total the percentage of each Member municipality's population in relation to the population total of members in the HUB. ' A HSJB Group may choose to use a different cost sharing formula within that HUB subject to approval from the Board of Directors. The Members of each HUB group shall constitute an advisory committee to the Board of Directors. The Board of Directors may create or delete HUB Groups as necessary. Each HUB Group shall elect a Chairperson to serve a two-year , term. 13 (8.) Actions of the HUB Groups shall be by majority of votes present in consideration of the weight of each vote. E. Members according to the percentage the Member's municipality represents in relation to the total population served by the Consortium. The Board of Directors may modify this cost apportionment formula as it deems necessary. General operating costs of the Consortium shall be apportioned between the (1 .) The population figure applied to the School District HUB shall be the averaged population of the Category Two municipalities. F. shall be used for the expenses of the HUB units and divided according to the percentage that incoming funds represent in relation to the total budgeted expenses of the HUBS for that fiscal year. This percentage of the incoming funds will be applied to each HUB'S expenses. Grants of hnds obtained for specific purposes may be exempt fiom this formula at the discretion of the Board of Directors. The Board may modify this formula as it deems necessary. G. Funds coming into the Consortium fiom sources other than Member payments The Consortium shall notify each Member of the amount of its obligation to the MPSCC for the next fiscal year no later than March 1 st of each year. H. between municipalities regarding the operation of existing or planned radio systems. I. These shall be included in the bylaws. J. Nothing in this agreement shall interfere with or modify any existing agreements The Board of Directors shall establish procurement policies and procedures. The MPSCC'shall hold title to all assets purchased by the Consortium. 14 K. The Board of Directors shall establish an auditing procedure that shall include at least early audits of the Consortium’s financial records by an outside auditing firm. These procedures shall be delineated in the bylaws. L. The Board of Directors shall establish procedures for handling the Consortium’s financial transactions and setting up the required accounting systems. These procedures shall become a part of the bylaws. M. Members joining the h4PSCC after its effective date may be assessed a proportionate share of prior expenses as determined by the Board of Directors. N. Radio frequencies belonging to a Member may be used by the MPSCC with the owner’s permission. Frequencies utilized under this sharing agreement will remain the property of the Member. Frequencies which are an integral part of existing radio infrastructures, specifically the West Palm Beach and South County Cooperative systems, shall remain under the sole control of these entities and not be subject to any restrictions under this Agreement. (1 -1 A Member may transfer its frequency license to the MPSCC for compensation to be determined by the Board of Directors. This compensation will be in the form of a credit towards the Member’s obligations to the MPSCC. The MPSCC will be responsible for any licensing fees or expenses for fiequencies transferred to it. (2.1 0. municipal departments other than law enforcement at the discretion of the Board of Directors. The MPSCC may provide radio services for other law enforcement agencies or (3.) Municipalities or agencies desiring these additional services shall send a request to the Board of Directors. The Board of Directors shall set a fee schedule for these services. (a.) This fee schedule shall be included in the initial budget proposal set forth in Section 8-C. The fee schedule may be adjusted yearly by the Board of Directors to ensure equitable cost sharing. (a.) The fee schedule shall be included in each fiscal year budget. (4.) Revenues from these fees will be directed to the HUB Group in which the user is located. P. contract with other Members for communications services and do not directly utilize MPSCC services. Section 9. EMPLOYEE PROCEDURES A. B. The Executive Board shall establish policies and a cost formula for Members who All employees shall serve at the pleasure of the Executive Director. The Executive Director shall prepare a set of personnel policies and procedures for approval by the Board of Directors. These shall be included in the bylaws upon approval. C. employee classification for approval by the Board of Directors. The Executive Director shall recommend a compensation package for each 16 D. Employer. E. In the event the MPSCC absorbs a communications service of one of its Members, all employees of that Member associated with that service shall be given an opportunity to become MPSCC employees. This opportunity shall be available during a The MPSCC is an Equal Opportunity/Affirmative ActionNeteran’s Preference period no less that forty-five days prior to the effective date and ending fifteen days after that date. (1 .) All employees absorbed from another member agent must conform to the policies, procedures and standards of the MPSCC. (2.) 8 Exact procedures for implementation of this section shall be delineated in the bylaws. F. Directors, G. dispatch center, the group will form a section separate from the radio system HUBS. The directors of this group will comprise a Dispatch Management Committee. This Committee shall have authority over the dispatch personnel and responsibility for setting dispatch and personnel policies. MPSCC employees shall have a benefit package as approved by the Board of In the event that a group of agencies elects to participate in a cooperative radio (1 .) These policies shall be delineated in a sub section of the bylaws. (2.) ’ The Dispatch Section will have responsibility for all expenses G incurred by the dispatch operation. 17 A Member of a HUB Group may chose not to participate in the cooperative dispatch center and may still participate in the HUB’S radio system. Any Member that participates in the cooperative dispatch center but not in the radio system shall have a seat and weighted vote on the Dispatch Management Committee, but shall not have a seat on the Board of Directors. SECTION 10. LIABILTY A. negligence. Nothing herein shall be deemed to waive any immunities granted pursuant to Section 768.28, Florida Statutes. B. During the term of this Interlocal Agreement, and any extension thereof, the MPSCC shall secure and maintain in full force and effect adequate insurance for all equipment titled to the MPSCC. Adequate insurance shall mean in an amount sufficient for total replacement of that equipment. C. insurance during the term of this Interlocal Agreement. The amount of insurance to be deemed adequate shall be determined by the Board of Directors. SECTION 11. DISPUTE RESOLUTION A. Dispute Resolution Committee. To the extent permitted by law, each Party shall each be responsible for its own The MPSCC shall secure and maintain in full force and effect adequate liability Any disputes or disagreements between any of the Parties shall be heard by the (1 .) The Committee shall be appointed by the Chairman of the Board of Directors within ten days of his election. 18 .. . (2.) The Committee shall consist of one member from each size group of municipalities for a total of three members. An alternate from each size group category shall also be appointed to fill-in if an ' original member should be a party to a dispute and have to withdraw. The Committee shall serve a two-year term. (3.) B. the Board of Directors for implementation. C. he might otherwise have. D. legal action necessary to enforce this Interlocal Agreement shall be held in Palm Beach County, Florida. The recommendations of the Dispute Resolution Committee shall be presented to Nothing in this Agreement will prohibit any member from any legal remedies that This Agreement shall be governed by the laws of the State of Florida. Any and all (1 .) The Board of Directors and each Member shall have the right to enforce the provision of this Agreement. A defaulting Member shall be responsible for any court cost and legal fees incurred by the Municipal Public Safety Communications Consortium. If after an investigation or litigation of the alleged default, the defaulting Member is found not to be in default, the Member may recover costs incurred from the Consortium. (2.) 19 SECTION 12. CANCELLATION OR WITHDRAWAL FROM THIS AGREEMENT A. any reason, such invalidity shall not effect the remaining portions of this Interlocal Agreement and the same shall remain in force and effect. B. Any Party after the effective date of this Agreement may withdraw from the MPSCC and terminate their interest in this Agreement upon one year’s prior written notice to the Board of Directors. In the event that any portion of this Interlocal Agreement shall be held invalid for (1 .) Any Member may withdraw from the MPSCC within sixty days of receipt of the initial capital budget and cost projections as specified in Section 8-C (3)(b) without penalty and without invoking the notices required in Section 12-B and Section 12-E, if the budget projections are not satisfactory to the Member. If a Member or Members withdrawal should occur after the first review of the initial budget and cause a change in the financial obligations of the remaining Members; the Board of Directors shall re-notice all Members of the new cost figures and allow an additional thirty day withdrawal period without penalty. (2.) C. equipment purchased or services rendered if a Party chooses to withdraw from the MPSCC. D. would result or cause the system to malfunction or disrupt service to the system users. There shall be no rehd of any payments made under this Agreement for No Party shall remove or disconnect any User Specific items from the system that 20 E. any radio fiequencies that are shared with the MPSCC and are being utilized by the MPSCC when a Member wishes to withdraw from this Agreement. Three years prior written notice to the Board of Directors is required to reclaim (1 .) , Should the MPSCC be dissolved, all shared frequencies will revert back to their original owner. Should the MPSCC be dissolved, any frequencies licensed to the MPSCC shall be transferred to the HUB Groups utilizing them. (2.) F. Should the MPSCC be dissolved by a two thirds written vote of the membership: (1 .) All equipment and real property being utilized by each HUB group will be retained by that group. HUB Groups will become responsible for any outstanding contracts or obligations relating to that group. (2.) (3.) , Any general assets of the MPSCC shall be dissolved and the proceeds distributed to the Members in the same manner as general ' operating costs in Section 8-E. (4.) i Any outstanding contracts or obligations relating to general I operating cost will be satisfied from the proceeds of the asset liquidation in Section 12-6(C) before any remaining proceeds are distributed to the Members. 21 (5.) Individual HUB groups may choose to remain operational. A two thirds written vote of the members of each HUB group is required to dissolve it. If a HUB Group is dissolved the members may agree to sell or transfer the operating equipment to one of the members; or the HUB’S assets will be liquidated and the proceeds, after , satisfaction of any outstanding obligations, distributed to the HUB members in the same manner as HUB costs in Section 8-D (3). G. any Party is subject to annual budgetary funding, and should any Party involuntarily fail to fund any of their respective obligations pursuant to the Agreement, the Agreement may be terminated as to that Party. However Section 12-E of this Agreement regarding shared frequencies shall apply. SECTION 13. MISCELLANEOUS PROVISIONS A. warrants that he or she has full legal power to execute this Agreement on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in this Agreement. B. writing and hand-delivered or sent via certified mail, return receipt requested. Notice shall be sent to the Chairman of the Board of Directors and the Executive Director. C. implementation and operation of this Interlocal Agreement. All provisions of this Agreement calling for expenditure ad valorem tax money by Each person signing this Agreement on behalf of either Party individually Any notice govern pursuant to the terms of this Interlocal Agreement shall be in The Parties agree to act in a spirit of mutual cooperation and good faith in the D. origin, religion, or sex be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. The Parties hereby agree and will ensure that all contracts which are executed pursuant to the terms of this Agreement will contain a similar non-discrimination and equal opportunity clause goveming the contractor’s or vendor’s activities. E. The Parties agree that no person shall on the grounds of race, color, national This document may be signed in counterpart. 23 IN WITNESS WHEREOF, The Parties hereto have caused this Agreement to be executed the day and ye& first above written. ffeH GmENs 77 Jos h Russo Date Mayor of Palm Beach Gardens, Florida Attest: Uity .dlerk, City of Palm Beach Gardens Approved as to Form and Legality n City Attorney Palm Beach Gardens, Florida STATE OF FLORIDA COUNTY OF PALM BEACH *o 2 * The foregoing instrument was acknowledged this& day ofd-woM , &, , , , as identification and by Mayor J&jgpa , is wsonall_ubnown tome of has produced diddid not take an oath.' 2msd , on behalf of the City of Palm Beach Garden . He/She - - - - - - . . . . . . . - - . . - - - - - Notary Public Serial Number: My Commission Expires: MY COMMISSION 4 CC 880052 EXPIRES odober 17, M(# mmmmpuwmimw 1 __________ LI IJ City of Palm Beach Gardens Council Agenda April 20,2006 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 Mayor Russo Vice Mayor Barnett Council Member Jablin Council Member Levy Council Member Valeche CITY OF PALM BEACH GARDENS COUNCIL AGENDA April 20,2006 7:OO P.M. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL 111. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: (Page 5) Statement of support for the National Guard and Reserve. Recognition of Sid Forbes, Gardens Mall Recognition of the Frenchman's Creek Charities Foundation. J c. dV. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: J a. Update on Callery-Judge Grove Comprehensive Plan Amendment. VII. VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: a. (Staff Report on Page 6, Resolution 011 Page 8) Resolution 43, 2006 - Work Authorization and Notice to Proceed to Construction Technology, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a work authorization and notice to proceed to Construction Technology, Inc. for the Golf Course Cart Bridge Reconstruction project; and providing an effective date. b. C d. e. (Staff Report on Page 13, Resolution on Page 15) Resolution 45,2006 - Award a term agreement to Martin Fence Company. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract with Martin Fence Company to provide and install fencing component systems specified in invitation to bid #2006-002; authorizing the Mayor and the City Clerk to execute the contract; and providing an effective date. (Page 62) Proclamation - Declaring the week of April 24-28,2006 as Victims' Rights Week f Page 63) Proclamation - Declaring the week of April 23-30,2006 as Days of Remembrance In memory of the victims of the Holocaust. [Page 64) Proclamation - Municipal Clerks Week April 30 - May 6,2006. IX. PUBLIC HEARINGS: Part I - Quasi-iudicial i (Staff Report on Page 65, Resolution on Page 69) Resolution. Approving the Art in Public Places for the Midtown Planned Unit Development - (PUD . Resolution of the City Council -- of the City of Palm Beach Gardens, %+ lor1 a approving the Art in Public Places for the Midtown/Borlandenteg Planned Unit Development (PUD), which is located along the North side of PGA rBoulevard between Gardens Square Boulevard and Shady Lakes Drive, as more rparticdarly described herein; providing for conditions of approvaGd providing effective1 E- . b. (Staff Report on Page 94, Ordinance on Page 99, Resolution on Paw 103) (2nd reading and adoption) - Trinity United Methodist Church. An Ordinancity Council of the City of Palm Beach Gardm Florida approving an amendment to Ordinance 2, 1992, as amended by 1 (Resolution 6, 1993, Resolution 143, 1994, and Ordinance 15, 1998, relating to the Trinity United Methodist Church master site plan; transferring the master site plan 1 related conditions to Resolution 35,2006; and providing an effective date Resolution 35,2006 is a companion item to Ordinance 10,2006 and 13, 2006 P I---- -- --F will require Council action at second reading. c: c 35, 2Uw- Trinity United Methodist Church. Kes=n of tb the CiXy of Palm Beach Gardens, Florida amen 6- ing the conditiondr USG approval of the Trinity United Methodist Church master plan to allow construction of a two-story Elementary School for grades K-5 with a one-story the S uth Parcel: Drovidinq conditions of approval; and providing an effective gymnasium for a maximum or A7nmmtq-latrarr hate. C. (Staff Report on Palsolution 44, 2006 -7 Approving the site plan for Gardens Pointe. townhouse units on a 6.64-acre site located at the Northwest corner of Kyoto t%e City of Palm Beach Gar&&, Florida approvingthesite-plan for Li residential condominium high-rise units within two twelve-story towers and 2 ardens Drive and Fairchild Gardens Avenue within the Regional Cente evelopment of Regional Impact (DRI), as more particularly described herein; 4 roviding for conditions of approval; prwiding for waivers; amending the? Resolution of the City Council of 8 i, b IMacArthur Center maee nroeram (Reno ion 64. 1 3): and nrovidine an- Part I1 - Non-Ouasi-judicial X. RESOLUTIONS: a. (Staff' Report on Page 305, Resolution on Paw 307) Resolution 47, 2006 - Second Amendment to the Interlocal Agreement establishing the Municipal Public Safety Communications Consortium. A Resolution of the City Council of the City of Palm Beach Gardens, Florida pledging fhds to the Municipal Public Safety Communications Consortium for the M/A-Com radio project in the amount of $676,200.00; authorizing the expenditure of funds necessary to construct local site improvements for the project; authorizing the execution and delivery of the Second Amendment to the Interlocal Agreement to establish Municipal Public Safety Communications Consortium of Palm Beach County; and providing an effective date. XI XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT ORDINANCES: (For Consideration on First Reading) PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interestedpersons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8 771 (TDD) or 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. City of Palm Beach Gardens Council Agenda April 20,2006 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 Mayor Russo Council Member Jablin Vice Mayor Barnett Council Member Levy Council Member Valeche CITY OF PALM BEACH GARDENS COUNCIL AGENDA April 20,2006 7:OO P.M. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL 111. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: 9 /a. ,&%? (Page 5) Statement of support for the National Guard and Reserve. Recognition of Sid Forbes, Gardens Mall c.~ Recognition of the Frenchman’s Creek Charities Foundation. f/ V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: VI. CITY MANAGER REPORT: f:ot UtJDW a. Update on Callery-Judge Grove Comprehensive Plan Amendment. mPauP~bwkFJn P-5 “c, VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the Citv Clerk prior to this Item) r: bZ VIII. CONSENT AGENDA: a. {Staff Report on Page 6, Resolution on Page 8) Resolution 43, 2006 - Work Authorization and Notice to Proceed to Construction Technology, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a work authorization and notice to proceed to Construction Technology, Inc. for the Golf Course Cart Bridge Reconstruction project; and providing an effective date. g;3 f 9-0 b. {Staff Report on Page 13, Resolution on Page 15) Resolution 45,2006 - Award a term agreement to Martin Fence Company. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract with Martin Fence Company to provide and install fencing component systems specified in invitation to bid #2006-002; authorizing the Mayor and the City Clerk to execute the contract; and providing an effective date. c. {Page 62) Proclamation - Declaring the week of April 24-28,2006 as Victims’ Rights Week d. [Page 63) Proclamation - Declaring the week of April 23-30,2006 as Days of Remembrance In memory of the victims of the Holocaust. e. IPage 64) Proclamation - Municipal Clerks Week April 30 - May 6, 2006. IX. PUBLIC HEARINGS: Part I - Quasi-judicial 8\36 a. * b. q: 0% (‘0 7: 07 [Staff Report on Pape 65, Resolution on Page 69) Resolution 6, 2006 - Approving the Art in Public Places for the Midtown Planned Unit Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for the MidtowdBorland Center Planned Unit Development (PUD), which is located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as more particularly described herein; providing for conditions of approval; and providing an effective date. (POC Brad Wiseman) [Staff Report on Page 94, Ordinance on Page 99, Resolution on Page 103) Ordinance 13, 2006 - (2”d reading and adoption) - Trinity United Methodist Church. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to Ordinance 2, 1992, as amended by Resolution 6, 1993, Resolution 143, 1994, and Ordinance 15, 1998, relating to the Trinity United Methodist Church master site plan; transferring the master site plan and related conditions to Resolution 35, 2006; and providing an effective date. Resolution 35,2006 is a companion item to Ordinance 10,2006 and will require Council action at second reading. Resolution 35, 2006 - Trinity United Methodist Church. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the conditional use approval of the Trinity United Methodist Church master plan to allow construction of a two-story Elementary School for grades K-5 with a one-story gymnasium for a maximum of 240 students; approving the phase 7 site plan on the South Parcel; providing conditions of approval; and providing an effective date. c 0 C. 9: 10 /Staff Report on Page 161, Resolution on Page 294) Resolution 44, 2006 - Approving the site plan for Gardens Pointe. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan for 214 residential condominium high-rise units within two twelve-story towers and 26 townhouse units on a 6.64-acre site located at the Northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for conditions of approval; providing for waivers; amending the MacArthur Center signage program (Resolution 64, 1998); and providing an effective date. Part I1 - Non-Ouasi-iudicial X. RESOLUTIONS: /Staff Report on Page 305, Resolution on Page 307) Resolution 47, 2006 - Second Amendment to the Interlocal Agreement establishing the Municipal Public Safety Communications Consortium. A Resolution of the City Council of the City of Palm Beach Gardens, Florida pledging funds to the Municipal Public Safety Communications Consortium for the M/A-Com radio project in the amount of $676,200.00; authorizing the expenditure of funds necessary to construct local site improvements for the project; authorizing the execution and delivery of the Second Amendment to the Interlocal Agreement to establish Municipal Public Safety Communications Consortium of Palm Beach County; and providing an effective date. (o;Y/ a* 5.- 0 XI XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: ORDINANCES: (For Consideration on First Reading) l6,’ Y~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 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. COMMENTS FROM THE PUBLIC Request to Address City Council Name: City: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council / Please Print Name: 1 <6 &-&Wfi - eo Citv: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council City: t Subject: %Bdc3 tf QN I’ 1 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council nay address the City Council during the “Comments by the Public’ and during “Public Hearings”. This Request to Address the Cit) ved to the City Clerk prior to the commencement of the meeting speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: City: Smect: r m.5 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: &h?y r#dp+q LC Address: 5 log s &+Gsp7E 22 City: /?7/Dp%Jd Subject: &&/WD &iy - A?/N pu4c /&MS Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: xA^r~7 LPidCE Address: ./ Oi- FCAIC.E City: 7% Subject: / A/ Td3LlC. pe4c& ACE 1% a Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council ~ ~ ~ ~~~ ~~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: J Address: /023 LfiA”p< (J””,’/ C‘iC City: q Subject: //y fAvbk b Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: f%klfi@ !!?!J4& L/ Address: i$e/ >“<)WJ City: fl/? ,y- c; ip%,, c p r- r 1 *l. c A/;-. K/’$ et Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: a Address: City: %A+-- Subject: 2i2z%Q ZOMMENTS FROM THE PUBLIC Request to Address City Council 4 Members of the public n portion of the agenda i Council must be deliver The time limit for each I nay address the City Council during the “Comments by the Pub1 and during “Public Hearings”. This Request to Address the C -ed to the City Clerk prior to the commencement of the meetif ;peaker is limited to three (3) minutes. ic” :ity ’9- COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 111~. 3Ftq-i.i) /L\(LC ih-:b Address: - 3-230 City: 6- \C\TSVG * ‘I (CL12. do+ \w Members of the public may address the City Council during the Y6Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. CITY OF PALM BEACH GARDENS REQUEST FOR PUBLIC RECORDS INFORMATION DATE REQUESTED REQ'JFST SUBMITTED BY: ACTION REQUESTED: @ INSPECTION OF RECORDS. @ COPIES OF RECORDS. 0 E-MAIL OF RECORDS NOTICE: 1. for double-sided copies. Single-sided copies shall be furnished upon payment of 15 cents per page, 20 cents 3. There is a charge of $1 per certified copy of a public record. 3. Records requested to be inspected, examined or copied pursuant to Florida Statute 119.07(1) requiring extensive use of information technology resources or extensive clerical or supervisory assistance by City personnel, will be charged, in addition to the actual cost of duplication, the actual.labor cost of the personnel providing the service. Run: 4/08/06 8:42PM Page: 1 PemitlssueDate: 1/01/01 thru 4/07/06 Clty of Palm Beach Gardens Bullding Pennlts by Permlt Number Inspection Type: 1 thru 110 Included in this report Permit 63326 thru 63326 Perm& 63326 -:Roof Work: Miscellaneous CO8t 15,000.00 Descripth:Re-roofduebstomdamage FWS: 0.00 Locrtkn:3167 A-D Gardens East Dr Applkd: 3/02/2005 By: MurtonRoofingCorp Issued: 3/02/2005 By: AY Expires: 8/2912005 co # CO Date: compkded: 9/01/2005 Notm8: Subdiv: Meridian Park Owner: Sandalwood POA conbrctor: MURTON Murton Roofing Corp 31 10-F 45th Street In8p.ctkrrr: Type Ill8pJCtlMl By status SChdUbd RoofsheaWin progress 7/05/05 Chris Wilson Accepted Commc#rb: panels in progress Rooftintaghetal Number of permits printed: 1 Total Cost 15,OOO.OO Total Fees: 0.00 CITY COUNCIL MEETING 04/20/06 A I) I) i'r i o~ s I :tzcier: Announcements/Presentations: The City of Palm Beach Gardens Notice of Intent to Object to Palm Beach County Comprehensive Plan Amendment Round 06-1 (Coastal Residential Exception Area Modification) I) E I ,F'I~iON s C'kl tlcr: Announcements / Presentations: Due to a family emergency, the Recognition of Sid Forbes, Gardens Mall will be postponed to the May 4th 2006 City Council Meeting MOVe the Update on Callery-Judge Grove Comprehensive Plan Amendment under Announcements /Presentations as the new item c. Frenchman’s Creek Charities Foundation, Inc. The Frenchman’s Creek Charities Foundation is a great supporter of the City of Palm Beach Gardens. For the past five years, their generous financial support has provided the City with a long list of many different items that have enabled us to offer improved service to our residents. The following are some of the these items: Handicapped accessible van for Recreation that provides transportation for those with special needs Weight training equipment for Fire Rescue Large Tot Playground at OUT Riverside Youth Enrichment Center Thermal Imaging equipment for Fire Rescue Police Athletic League van that allows them to transport children involved in the PAL program Assistance for our Truancy Intervention Program Establishment of a computer training lab at Lakeside Center for our senior population Sole sponsorship of the “Music in the City” Concert series for 3 years Recently, they have announced the beneficiaries for this year and once again the City will be hnded by Frenchman’s generosity for the fo 1 lowing : Auto pulse resuscitation system for Fire Rescue Police Department’s “Project Halo’’ for our young driver’s to provide them with a simulated impaired driving experience 0 Sponsorship of the “Music in the City’’ concert series for 2007 Frenchman’s Creek Charities Foundation’s dedication to the community in which they live is to be commended. For all they do for our City and all the agencies in our community, we sincerely thank them. E' E 55 4 E' g s 2 % CI CCI CD 0 er 5 0 1111 er a 0 CD CI cc 0 E CI cc 5 cc w. 1111 2 ti' CD er m 0 er cc 0 cc, cc 5 CD 1111 CD E CCI P, m CD r m %P, 5 E' LAW OFFICES JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & MCDUFF, P.A. A PROFESSIONAL ASSOCIATION SCOTT 0. ALEXANDER, P.A. CHRISTOPHER AMBROSIO MICHAEL T. BURKE '7 CAROLYN A. EGAN JEFFREY L. HOCHMAN. P.A. E. BRUCE JOHNSON * RICHARD H. McDUFF. P.A. * ROBERT E. MURDOCH 2455 EAST SUNRISE BOULEVARD SUITE 1000 FORT LAUDERDALE. FL 33304 (954) 463-0100 Broward (305) 945-2000 - Dade TELECOPIER (954) 463-2444 MICHAEL R. PIPER, P.A. * WILLIAM E. PCATOW DAVID M. SCHWEIGER. P.A. TAMARA M. SCRUDDERSt CHRISTOPHER L. SMITH CINDY A. WILLIAMS RETIRED RONALD P. ANSELMO BURL F. GEORGE *BOARDCER77FlEOClVlL TRULUWYERS j' BOARD CERTIFIED APPELLATE U WYERS April 20, 2006 Via Email to ctatum@,pbgfl.com Christine P. Tatum, Esquire City Attorney City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 334 10 Re: Adolf Alexandre v. City of Palm Beach Gardens Dear Ms. Tatum: Now that the trial has concluded, I wish to take the opportunity to write this letter to you regarding Major Robert Artola. As you are aware, Major Artola was designated as the City's representative during the trial of this matter. Afler having spent three weeks with him, I cannot praise him highly enough. In my opinion, Major Artola's appearance, demeanor, and testimony were instrumental in our favorable jury verdict. On a daily basis, he went above and beyond the call of duty in providing me and my associate, Carolyn Egan, with insight and assistance. In this age, where police officers and their departments come under constant scrutiny, he was the reflection of the professionalism and integrity that I have found in your City's department. Not only do I have tremendous professional respect for Major Artola as a result of our side- by-side interaction, I have made a new good friend. In my almost twenty years of representing cities and their police departments, I have never been as impressed by my client. He is an asset to his department, the City, and to the taxpayers. If you need any additional information, please contact me at your convenience. Very truly yours, /s/Richard H. McDuff Richard H. McDuff For the Firm i I 1 V CITY OF PALM BEACH GARDENS DATE: April 19,2006 TO: City Council FROM: 4 Christine Tatum, City Attorney @ Dan Clark, Interim Growth Management Administratow C: Ron Ferris, City Manager RE: Process for Consideration of Resolution 14,2006 At the City Council meeting of April 6, 2006, an issue was raised concerning the process utilized for the approval of modifications to certain conditions of approval contained in the Borland Center development order, and in particular, whether that process was conducted in compliance with the Code. The Borland Center development order was originally approved on August 5, 2004, by Resolution 92, 2004. In December of 2005, the Borland Center requested that the staff administratively approve a modification of one condition of approval to extend the date for installation of the landscape buffers. (Subsequently, at the City's request, the applicant requested clarification to the timing of the installation of the traffic signals required by two other conditions of approval) Staff advised the applicant that this modification could not be made administratively, but would require City Council approval consistent with Section 78-49, in "the same manner as the original application". It is our opinion that this review requirement refers to the public hearing process for approving the amendment, and therefore the matter was scheduled for public hearings before the Planning, Zoning, and Appeals Board and the City Council. All required notices were completed, and additionally, the applicant was required to send more than 800 individual notices to property owners outside the 500- foot requirement of the Code. A public hearing was held on February 14, 2006, before the Planning, Zoning, and Appeals Board, and several residents participated in the public hearing, including cross examination of the City staff. Another public hearing was held before the City Council on March 2, 2006, and several residents participated in that public hearing, including cross examination of the City staff. i City Council April 19, 2006 Page 2 of 2 A resident now contends that the process for approval of Resolution 14, 2006 was flawed and that his rights have been infringed upon by the failure of the City to hold a formal DRC meeting to consider the proposed amendment. Section 78-25 of the Code of Ordinances provides that the Growth Management Director has the duty to administer and enforce the requirements of Chapter 78, and grants him the authority to interpret provisions of the land development regulations. Consistent with this authority, and in light of the fact that the DRC is a technical review process, the previous Growth Management Administrator determined that the formal DRC process was not required for certain amendments. In lieu of the formal process, the application was transmitted to the affected DRC members, and their comments, if any, were submitted to the project manager. All of these documents are public records and are available for public inspection. Conclusion: We have both, once again, reviewed the applicable Code requirements for processing an amendment to a condition of approval, and it is our opinion that the action taken by the City Council on March 2, 2006, approving Resolution 14, 2006 was done in compliance with the law. It should be noted that the period for appealing Resolution 14, 2006 has passed, and therefore the Resolution has become final. April 20,2006 Honorable Mayor and Council members Palm Beach Gardens The Palm Beach Post article in the April 20*, 2006 issue regarding the 140 foot towers, the Gardens Pointe, proposed to be built at the Downtown at the Gardens is the reason for this message. The City of Palm Beach Gardens has been looked at as a desirable to place to live and a place of beauty. The past growth has brought many changes, some very profitable and acceptable to the residents of Palm Beach Gardens. Some of questionable status. However, to protect the quality of life many residents have come to enjoy, I urge you to not allow the building of the proposed Gardens Pointe project. If, however, you decide to allow this project, please consider requiring at least 30% of the living quarters be priced in the affordable housing range. This would benefit those persons working in the “Downtown”area be providing housing close to their places of employment. Also, cutting down on the use of motor vehicles and protecting our environment from pollution. Thank you for your consideration. L- Pat Hughey 9120 Reed Dr. Palm Beach Gardens, FL 334 10 -a t .. - 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 Prepared: April 27,2004 RESOLUTION 105,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DEVELOPMENT (PCD); AMENDING THE MASTER DEVELOPMENT PLAN TO ALLOW FOR MODIFICATIONS TO THE CONVERSION MATRIX TO ALLOW THE CONVERSION OF HOTEL ROOMS AND BUSINESS AND RESEARCH OFFICE TO NO MORE THAN 238 MULTI-FAMILY RESIDENTIAL UNITS ON PARCEL 27.09 AND TO MODIFY THE ESTABLISHED MINIMUM THRESHOLDS FOR THESE USES WITHIN THE DRIIPCD; AUTHORIZING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNER’S ASSOCIATION, INC., AND THE MALL RESIDENCE HOTEL, LLC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received an application from The Mall Residence Hotel LLC to adopt an amended Master Plan and Development Order of the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments: and WHEREAS, the City Council has reviewed and considered tk Development Application, the Proposed DRI Development Order, the proposed ’amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other Information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: 1. These proposed amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, Florida Statutes. 2. These proposed amendments to the Development Order and the Master Plan do not constitute ‘substantial deviations’’ from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review. ~~ 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: April 27,2004 Resolution 105,2004 3. The amendment and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations 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 I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96,1999, as amended by subsequent resolutions, shall remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. A. The revised Master Plan contained in the City’s Planning & Zoning Division files and attached hereto as “Proposed Exhibit H -The Regional Center, Proposed NOPC 11.03.03” is adopted as the official Master Plan for the Regional Center DRI 8. The Master Plan is specifically revised to amend the land use conversion matrix to allow the conversion of Hotel Rooms, Business Office, and Research and Development Office square footage to no more than 238 Multi-family Residential dwelling units on Parcel 27.09, and to modify the required minimum and maximum thresholds in the Range of Floor Spaces Allocation for Land Uses Chart on Map H to reflect a reduction of the minimum thresholds for: Business OfFice from 1,043,287 to 985,695 square feet (reduction of 57,592 square feet); Research and Development Office from 73,440 to 71,032 square feet (reduction of 2,408 square feet); 11 8 hotel rooms to zero rooms; and In’creasing the maximum number of residential units allowed for the DRI from 1,813 to 2,051 dwelling units’(increase of 238 units). C. The maximum height of any building on Parcel 27.09 shall be 140 feet. SECTION 4. TRANSMITTAL OF RESOLUTION. The City Clerk shall immediately transmit certified copiesof this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owner‘s Association, Inc., and the Mall Residence Hotel LLC. 2 Q 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: April 27, 2004 Resolution 105,2004 SECTION 5. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 13v day of k ,2004. CITY OF PA-MDENS, FLORIDA ATTEST: ,_ ..-. BY: r. ’Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Taturn, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER LEVY Ghttomey_shara\RESOLUTIONS\mall resldence hotel doa -reso 105 2004.doc 3 d I IC - I &i O ct-h yI3z)/oc clb cLI-L yYeLfi./ County Administrator Board of County Commissioners Tony Masilotti, Chairman ~6,d ,AD kj,,-~w udzr c.+.+~GLI Robert Weisman Addie L. Greene, Vice Chairperson Karen T. Marcus Jeff Koons &-4c AQ p&f 4 kf$ firowA PIA- Mary McCarty Burt Aaronson April 4, 2006 The Honorable Joe RUSSO, Mayor City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 RE: Resolution 152, 2005 Dear Myd’~+ -/-- As you may know, the Frenchman’s Yacht Club petition was approved by your Council on December 1,2005. With this approval they were required by condition to install a traffic signal on painted mast arms (Section 4, Planning and Zoning, #3). It appears that the applicant is using the Stipulation Agreement with the County that requires the County to install a traffic signal, to mandate that the County pay for the mast arm. The developer committed at several public meetings with the residents that they would agree to pay the difference in the cost. If not, I would request, the Council revisit this project and this condition for correction. I am writing to you to confirm the City’s intent of the condition was to have the developer pay for the difference between the mast arm and a wire signal. Clarification of this condition would be greatly appreciated. Please feel free to call my office, should you have any questions about his matter. Sincerely, KTMlpw Attachments c: Ron Ferris, City Manager “An Equal Opportunity Affirmative Action Employer” P.O. Box 1989, West Palm Beach, FL 33402-1989 (561) 355-2201 FAX: (561) 355-6094 kmarcus@ pbcgov. corn @ printed on recycledpaper 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: September 22,2005 As Amended December 1,2005 RESOLUTION 152,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DONALD ROSS ROAD AND PROSPERITY FARMS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE DEVELOPMENT OF 113 MULTIFAMILY DWELLING UNITS AND 9,990SQUARE FEET OF ANCILLARY OFFICWRETAIL SPACE FOR USE BY THE MARINA TO BE REFERRED TO AS “FRENCHMAN’S YACHT CLUB”; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. DEVELOPMENT PLAN FOR THE APPROXIMATELY 14.54-ACRE WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City has received a request by George Gentile, of Gentile, Holloway, O’Mahoney & Associates, Inc. and Greenberg Traurig, on behalf of Avatar Properties, Inc., for master development plan approval to allow the development of 11 3 multifamily dwelling units and 9,990 square feet of internal ofice/retail space for use by the marina to be called the “Frenchman’s Yacht Club”; and WHEREAS, the subject site is contained within the Frenchman’s Creek Planned Community Development (PCD) and has an underlying zoning designation of Residential Medium (RM); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at its August 23,2005, meeting and recommended its approval by a vote of 5-2; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. 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: September 22,2005 Resolution 152,2005 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 master development plan application of Mr. George Gentile, of Gentile, Holloway, OMahoney & Associates, Inc. and Greenberg Traurig, on behalf of the Applicant, Avatar Properties, Inc., is hereby APPROVED on the following described real property, to permit the development of 113 multifamily dwelling units and 9,990- square feet of internal office/retail space for use by the marina on 14.54 acres of land to be referred to as "Frenchman's Yacht Club," generally located on the southeast comer of Donald Ross Road and Prosperity Farms Road, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRl PTION: PARCEL "B", BEING A PORTION OF TRACT "A", AS SHOWN ON THE PLAT OF FRENCHMAN'S CREEK MARINA (A P.U.D.), RECORDED IN PLAT BOOK 67, PAGES 132 THROUGH 134, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF THE PLAT OF FRENCHMAN'S CREEK YACHT CLUB, A P.U.D., AS RECORDED IN PLAT BOOK 67, PAGES 130 AND 131, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT "A", AS SHOWN ON THE PLAT OF SAID FRENCHMAN'S CREEK MARINA, A P.U.D.; THENCE SOUTH 19'54'45" EAST ALONG THE EAST LINE OF SAID TRACT "A", A DISTANCE OF ROSS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 9635, PAGE 429, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE SOUTH 19'54'45" EAST CONTINUING ALONG THE EAST LINE OF SAID TRACT "A", A DISTANCE OF 565.38 FEET; THENCE NORTH 89'27'49" WEST, A DISTANCE OF 259.11 FEET; THENCE NORTH 19'54'25" WEST, A DISTANCE OF 86.43 FEET; THENCE NORTH 19'46'19" WEST, A DISTANCE OF 45.75 FEET; THENCE NORTH 19'33'24" WEST, A DISTANCE OF 35.26 FEET; THENCE NORTH 87"30'24" WEST, A DISTANCE OF 156.81 FEET; THENCE NORTH 87"15'29" WEST, A DISTANCE OF 68.33 FEET; THENCE NORTH 87'31'57" WEST, A DISTANCE OF 79.27 FEET; THENCE NORTH 87'25'30" WEST, A DISTANCE OF 416.1 1 FEET; THENCE NORTH 02'36'14" EAST, A DISTANCE OF 25.14 FEET; THENCE NORTH 87'25'30" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 02'36'14" WEST, A DISTANCE OF 25.14 FEET; THENCE NORTH 87'25'30" WEST, A DISTANCE OF 115.39 FEET; THENCE SOUTH 17'49'09" WEST, A DISTANCE OF 50.16 FEET; THENCE SOUTH 23'55'05" WEST, A DISTANCE OF 36.31 FEET; THENCE SOUTH 31'35'05" WEST, A DISTANCE OF 30.84 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE 124.12 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF DONALD 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: September 22,2005 Resolution 152.2005 TO THE NORTHWEST, HAVING A RADIUS OF 38.52 FEET, A RADIAL BEARING OF NORTH 46'37'17" WEST AND A CENTRAL ANGLE OF 70'07'59"; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 47.15 FEET; THENCE NORTH 64'51'51" WEST, A DISTANCE OF 17.65 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 38.14 FEET, A RADIAL BEARING OF SOUTH 36'01'38" WEST, AND A CENTRAL ANGLE OF 80'17'39"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 53.44 FEET TO A POINT OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 66.00 FEET, A RADIAL BEARING OF NORTH 04'2454" WEST AND A CENTRAL ANGLE OF 31'32'57"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 36.34 FEET; THENCE SOUTH 86'53'16" WEST, A DISTANCE OF 26.74 FEET TO A POINT DESCRIBED IN OFFICIAL RECORD BOOK 9568, PAGE 925, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 635.00 FEET, A RADIAL BEARING OF NORTH 56'02'10" EAST AND A CENTRAL ANGLE OF 46'30'33"; ARC OF SAID CURVE, A DISTANCE OF 515.45 FEET TO THE POINT OF TANGENCY; THENCE NORTH 12'32'43" EAST, A DISTANCE OF 117.39 FEET; THENCE NORTH 52'33'10" EAST, A DISTANCE OF 44.53 FEET TO A POINT ON DESCRIBED IN OFFICIAL RECORD BOOK 9635, PAGE 429, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT LYING ON A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 3439.96 FEET, A RADIAL BEARING OF SOUTH 05'29'38" WEST, A CENTRAL ANGLE OF 06'47'56; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 408.20 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 3560.00 FEET AND A CENTRAL ANGLE OF 04'39'32"; THENCE A DISTANCE OF 289.47 FEET TO A POINT ON THE WEST LINE OF SAID TRACT LINE AND THE WEST LINE OF SAID TRACT "A", A DISTANCE OF 20.10 FEET TO A RADIUS OF 3580.00 FEET, A RADIAL BEARING OF NORTH 07'36'11" EAST AND A CENTRAL ANGLE OF 07"31'32"; THENCE EASTERLY ALONG SAID ARC AND TANGENCY; THENCE SOUTH 89'55'21" EAST, A DISTANCE OF 64.14 FEET TO THE POINT OF BEGINNING. ON THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AS THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE THE SOUTHERLY RIGHT-OF-WAY LINE OF DONALD ROSS ROAD, AS SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE, "A"; THENCE SOUTH 01 "52'43" WEST CONTINUING ALONG SAID RIGHT-OF-WAY POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RIGHT-OF-WAY LINE, A DISTANCE OF 470.22 FEET TO THE POINT OF CONTAINING 14.54, ACRES MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following six (6) waivers: 3 1 2 3 4 5 6 : 7 8 9 10 11 12 13 14 15 16 17 10 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 1. 2. 3. 4. 5. 6. Oate Prepared: September 22,2005 Resolution 152,2005 Section 78-231 (f)(l )a., Right-of-way and easements, to allow for a 127-foot- wide parkway easement at its narrowest point along Donald Ross Road, as shown on the approved site plan. Section 78-345(d)( 1 ), lncrease of parking spaces allowed, to allow for a total of 461 parking spaces on site. Section 78-141, Residential zoning district regulations, to allow for a 59'1 0" maximum mean building height on site as reflected on the approved elevations. Section 78-W(l)( 1 ), Minimum dimensions (of off-street parking), to allow for 242 parking spaces within the covered parking structure at nine (9) feet in width and 36 parking spaces along the main drive at nine and one-half (9.5) feet in width. Section 78-285, Table 24, Permanent signs, to allow for two (2) residential entry signs at the project's main entrance. Section 78-1 82, lllumination of uses and buildings, to allow for lighting levels within the covered parking structure that are consistent with the lighting standards for parking garages established by the Illuminating Engineering Society of North America (IESNA). SECTION 4. Said approval is subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Planninq and Zoninq 1. 2. 3. 4. 5. All openings on site shall be hurricane impact-resistant. Zoning) (Planning & Signage shall be placed on the site that restricts vehicles, with the exception of emergency vehicles, from using the paver access-way adjacent to the marina. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy, the traffic signal at the entrance to the subject site shall be installed and operational. The traffic signal shall be installed on painted mast arms. (Planning & Zoning.) There shall be no striped awnings on site. (Planning & Zoning) At the time of platting, the Applicant shall dedicate a 10' x 30' easement along Donald Ross Road for a Palm Tran Bus Shelter. The easement shall not be placed over a utility easement in order to allow the construction of a bus shelter in the future. Within sixty (60) days of the approval of this 4 Date Prepared: September 22,2005 Resolution 152,2005 1 2 3 4 5 6 7 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 a la Resolution, the Applicant, its successors, or assigns shall submit an application for an administrative amendment to allow for review and approval of the site plan, landscape plan, and building elevations for the bus shelter. The bus shelter design shall be consistent with the City Council's previous approval of such shelters. The bus shelter shall be constructed prior to the issuance of the first Certificate of Occupancy on site, unless another timeframe for completion is established in the administrative approval. (Planning & Zoning) 6. The uses permitted within the retail/office portion of the site shall be limited to uses that serve the residents of the site and the marina. Permitted uses include boat and marina sales, manna ofice, condominium administrative office, ship store, concession sales, and limited restaurant use for residents and guests of the condominium and users of the marina. There shall be no outdoor seating with wait service; outdoor seating without wait service that is ancillary to the restaurant is permitted. There shall be no commercial signage on Donald Ross Road or Prosperity Farms Road advertising these uses. Signage for these uses shall be subject to City Council approval. Uses not othetwise permitted are specifically excluded. The Applicant shall give notice to Frenchman's Creek, Incorporated, upon such time when an application for a sign package for the site is submitted to the City. (Planning & Zoning) Landscaping 7. 8. 9. Prior to land alteration, the Applicant shall submit the Florida Power and Light (FPL) and Seacoast Utiltty Authority (SUA) approved landscape plans for review and approval by the City. Any changes to the landscape plan subsequent to the project's approval that are determined by the Growth Management Administrator to have a substantial negative impact on the project shall require the approval of the City Council. (City Forester) Within six (6) months of the issuance of a permit for land alteration, the Applicant, successors, or assigns shall install the landscaping and irrigation within the median and road shoulder of the portion of Donald Ross Road from Prosperity Farms Road to the Intracoastal Waterway. (City Forester) The Applicant, successors, or assigns shall be responsible for the maintenance of the center island median and southern road shoulder on Donald Ross Road from Prosperity Farms Road to the Intracoastal Waterway. This condition may be amended at any time by a separate agreement between the Applicant and the City of Palm Beach Gardens. (City Forester) 5 Date Prepared: September 22,2005 Resolution 152,2005 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 10. 11. 12. 13. The Applicant, successors, or assigns shall maintain the eastern road shoulder of Prosperity Farms Road from Donald Ross Road to the manna. In the event that an irrigation system does not exist within said road shoulder, the Applicant shall install the irrigation system within six (6) months of the issuance of a permit for land alteration. This condition may be amended at any time by a separate agreement between the Applicant and the Clty of Palm Beach Gardens. (City Forester) All trees or palms designed for preservation or relocation that die as a result of construction or relocation practices shall be replaced using the following schedule: trees shall be replaced one (1) for one (1) with a Live Oak of at least 18 feet in height at planting; palms shall be replaced with like-specie one (1) for one (1) with a minimum height of 10 feet clear trunk at planting. (City Forester) Prior to the issuance of the first building permit, the Applicant shall remove all landscape debris and trash from the east property line adjacent to the mangrove preserve. (City Forester) Prior to the first land alteration permit, the Applicant shall plat the property. The plat shall include all existing and proposed easements. The plat shall show, to the satisfaction of the City, (1) the maintenance easement providing pedestrian and vehicular access to and from the Frenchman’s Creek Preserve; (2) the existing mangrove wetland area; and (3) the abandonment of the 30-foot-wide utility easement (O.R.B. 6258, PG 109) and the 12-foot-wide access easement (O.R.B. 6779, PG 253; O.R.B. 6814, PG 758; O.R.B. 6821, PG 989) as shown on the plan. (City Forester) Enaineering 14. 15. 16. 17. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide the City with a copy of the recorded easement vacation documents. (City Engineer) Prior to construction plan approval and issuance of the first land alteration permit, a public access easement shall be granted for all public sidewalks proposed within the property boundary. (City Engineer) Prior to construction plan approval and issuance of the first land alteration permit, the Applicant shall provide written authorization from the appropriate utility companies (easement holders) allowing landscaping within their respective existing and/or proposed easements. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) 6 Date Prepared: September 22.2005 Resolution 152,2005 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 18. 19. 20. 21. 22. 23. 24. The Applicant shall furnish to the City copies of all complete permit applications, certifications, and approvals for the project, to and from all regulatory agencies. (City Engineer) The Applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices for construction activities, submission of a Notice of Intent to EPA or its designee, implementation of the approved plans, inspection and maintenance of controls during construction, and submission of a Notice of Termination. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, Applicant shall provide a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, Applicant shall provide a cost estimate for the on-site project improvements, not including public infrastructure, or landscaping and irrigation costs for review and approval by the City. The cost estimate shall be signed and sealed by an engineer registered in the state of Florida and shall be posted with the City prior to the issuance of the first land alteration permit. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall submit signed, sealed, and dated construction plans (paving, grading & drainage, and water & sewer) and all pertinent calculations for review and comment. (City Engineer) Prior to the issuance of the first land alteration permit for vertical construction, documents identifying the cross access and maintenance agreement and restrictions as necessary shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Engineer) Prior to the issuance of the first permit for infrastructure improvements, the Applicant shall provide documentation to the satisfaction of the City Engineer that (1) the sanitary sewer facilities on site are flood-proofed to prevent inflow and ensure that raw sewage does not leak from sanitary sewer facilities during flood events; (2) construction techniques on site will 7 Date Prepared: September 22,2005 Resolution 152,2005 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 be consistent with the requirements of the Federal Emergency Management Agency Flood Insurance Program; and (3) best management practices will be used on site to prevent surface run-off from degrading the water quality of Little Lake Worth or the Intracoastal Waterway. (City Engineer, Planning & Zoning) Police 25. All lighting on site shall be metal halide. (Police) 26. Landscaping, including long-term tree canopy growth, shall not conflict with lighting. (Police) 27. The Applicant shall provide timer clock or photocell sensor engaged lighting above or near entryways to residences and all pedestrian sidewalks. (Police) 28. Pedestrian-scale lighting shall be used for all street and pedestrian walkways. (Police) 29. The entry signs shall be lit at night. (Police) 30. Prior to the issuance of the first building permit, the Applicant shall provide a street address system for emergency response purposes. Address system depiction should be 8-1/2x11 map format. (Police) 31. The Applicant shall strategically place directories with arrow indicators for building addresses at the ingress point at driver eyesight level mounted in a permanent, stationary, and durable manner. These directories shall remain unobstructed at all times from trees, shrubs, or anything that would obscure the view thereof. (Police) 32. Building numbers and exterior numerical addresses shall be illuminated for nighttime visibility, shall be a minimum of 12 inches in letter height, and shall be placed in a conspicuous location. (Police) 33. Sales center, clubhouse, and recreational facilities should be pre-wired for alarm center. (Police) 34. Access to recreation buildings and pools shall be restricted through the use of key card or key. (Police) 35. Anti-lifting auxiliary locks shall be installed on sliding doors and windows. (Police) 36. All exterior doors shall be equipped with security hinges. (Police) 8 Date Prepared: September 22,2005 Resolution 152,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 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 37. Photocell lighting for nighttime use shall be provided above or near entryways to residences. (Police) 38. Elevators shall be equipped with both telephone and alarm buttons connected to resident manager andlor an outside central monitoring station. (Police) 39. Storage rooms should have restricted access that requires a tenant or owner key. (Police) 40. The ceiling within the covered parking structure shall be painted white to increase brightness within the garage. (Police) 41. Prior to the issuance of the first building permit for vertical construction, the Applicant shall work with the Police Department to develop a high-resolution color digital closed-circuit security surveillance system with monitoring and photo printout capabilities. The Police Chief shall have final approval on the required number of cameras and locations thereof within the site. (Police) 42. Prior to the issuance of the first building permit for vertical construction, the photometric plan for the interior of the covered parking structure shall be approved by the City. The lighting with the parking garage shall comply with the lighting standards for parking garages established by the Illuminating Engineering Society of North America. (Police) Miscellaneous 43. Required digital files of the approved plat, civil design, and architectural drawings shall be submitted to the Planning and Zoning Division prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) 44. Prior to the issuance of the first Certificate of Occupancy, the master condominium owners association documents and restrictions shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) 45. There shall be no outdoor sound amplification on site. (Planning & Zoning) SECTION 5. This Planned Unit Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 9 1 1. 2 3 4 5 2. 6 7 8 9 10 3. 11 12 13 14 4. 15 16 17 18 5. 19 20 21 Date Prepared: September 22,2005 Resolution 152,2005 Sheets SP-1 through SP-6: Site Plans and Details, prepared by Gentile, Holloway, OMahoney & Associates, Inc., last revised on October 31, 2005, and received and stamped by the City on November 2,2005. Sheets LP-1 through LP-6: Landscape Plans, Specifications and Details, prepared by Gentile, Holloway, O'Mahoney & Associates, Inc., last revised on, October 31,2005, and received and stamped by the City on November 2,2005. Sheets TP-1 through TP-2: Tree Preservation Plan, prepared by Gentile, Holloway, OMahoney & Associates, Inc., last revised on September 12, 2005, and received and stamped by the City on November 2,2005. Sheets A4 through A-22: Elevations, Floor Plans, and Roof Plans, prepared by ACI Architectural Group, Inc., dated August 5, 2005, and received and stamped by the City on November 2,2005. Sheets A-1..01 through A-2.01: Pool Cabana Plans, prepared by Gentile, Holloway, OMahoney & Associates, inc., last revised on September 12, 2005, and received and stamped by the City on September 12,2005. 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 SECTION 6. This approval shall be consistent with all representations made by SECTION 7. This Resolution shall become effective immediately upon adoption. the Applicant or Applicant's agents at any workshop or public hearing. (The remainder of this page left intentionally blank) 10 Date Prepared: September 22,2005 Resolution 152,2005 1 PASSED AND ADOPTED this J &- day of ~ecemas~ ,2005. 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 28 CITY OF PALM BY: U ATTEST: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY A / BY: &istine P. Taturn, City At6omey VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT -- AYE NAY ABSENT c/ --- \\PbgsNe\Attomeyb#omey_share\RESOLUTIONS yacht dub reso 152 2005as amended -12-1-05.d~ 11 -- [ .- I?'. . .. Pm WmY, a political SubdSvisbn of cha Bcate of Florida, Peci t i oner , 9" I PARCELS 2, Z, 123, 1E & 2C I .- - .- . .I .. .- " 'c: 'I .. I +- .-A ..- 7- .-: CY *- I *. .*. ~mes beeore the court on joint mot& &?* c ad." Pet F t ioner, H COUNTY, and Defendant, FRENCHMANS'S &INA RESORT LTD. ( r 'FRENCHPW'S"). The Court having conddered the matter and b mnmm mn *S shall have and recover the mompensation to the DefendPrlc for fees and costa. 2. Petitioner shall i d maintain a fully directional traffic signal, with turn arzows e existing main entrance to Frenchman'g Marina on Donald R . The signal shall be installed at such the as Defendan 8 with development of the remainder of the Defendant's Said traEfic signal shall be inscafled at PetStioner's e 3. Petitioner shall take no pos appltcation or - ....... ... ............. -- ... ~ ............... ............. - ._ .. ... .. -. *. .. w .% ORs 9976 PS 1469 request to the Town bf Palm Beach Gardens for re-zoning 'or development on the remainder of! the Defendant's property. 4. Petitioner shall pay the etddttionaz ~UIU of $179,500 to . Brigham,. Moore, Qaylord, Schuster, Merlin 6 Tobin, as reasonable attorneys fees for the services rendered for Defendant, FRENCHMAN'S tloner shall deposit the sum of $494,500 into the court within 30 days oe entry of this order by the 8 comprised of Che attorneys fees described in che difference between Defaadant's recovery of t to this Final Judgment and Petitioner's initial 6. upon dcpoeit of the above refezenced funds the clerk shall disburse said funds Moore, Gaylord, Schuster, Merlin FRENCHlvlAN' $3. Brigham, Moore, Gaylord, disburee those funds deposited as t pending agreement between the on the property and other to the trust acco & Tobin, as attorne of $315,000 shall be placed in an interest bearing trust roperry detscribed aa Parcels er described in the legal '@I and attached hereto as 7. Petitioner's title to descriptions attached to the Order Bxhibit "A' is hareby approved, rati a1 judgment and LO ?.' .. .. .. - .- *. OF18 9976 Po 1470 .. . - determine all matters relating to apgorrionmant. DONS AND ORD6Rat) in Chambers Palm Beach, Palm Beach County, Florida thisI'd day ! / I 5. - -. * -- I-.. ._ .._.. .. . .. . . . . .. .. ORB 9976 Po 147% .. I. *. - - The parties, through undersigned counsel, respectfully me for the entry of the .foregoing Stipulated Final judgment. DFTED this 8' day Of August, 1997. - * BSQ. Brigham, Moore, Gaylurd At: torney ti t ione r Schuster, Merlin & Tobin Attorney8 for Frenchman * s 203 S.N, 13ch Street Fla. ww. 0044148 .. - . ..- . .. OFFICE OF THE SECRETARY OF DEFENSE NATIONAL COMMITTEE FOR EMPLOYER SUPPORT OF THE GUARD AND RESERVE 1555 WILSON BOULEVARD SUITE 200 ARLINGTON VA 22209-2405 Ronald Ferris Manager Palm Beach Gardens City of 10500 N Military Trl RECEIVED January 20,2006 Palm Beach Gardens, FL 33410-4698 11111111111111111111lll,llllllllllllllllllllllllllllllllllllll CITY MANAGER’S OFFICE MAR 06 FnC a784 Greetings: Recently, your organization received a letter from the Office of the Secretary of Defense encouraging your CEO, their designate or yourself to sign a Statement of Support for your employee(s) who serve in the National Guard and Reserve. We have not received your response. The Department of Defense encourages you to join with thousands of public and private employers who have signed a Statement of Support for our nationis National Guard and Reserve. Employer support of our National Guard and Reserve is especially important and significant in todayis world. The Secretary of Defense has recently stated that National Guard and Reserve personnel are critically important to a peaceful nation. Because of this, Americais employers are inextricably linked to our national security. Your support sends a strong and powerful message to our nationis Guard and Reserve personnel. Please take this opportunity to sign and display the enclosed Statement of Support, and fill out and return the employer registration card which will validate you having signed the Statemenl of support. ESGR is the Department of Defense Agency with the mission of gaining and maintaining support from all public and private employers for the men and women of the National Guard and Reserve. Your response will enable ESGR to provide you with information and updates that will help you better manage your military employees. The ESGR website, www.esgr.mil, provides information pertaining to the Uniformed Services Employment and Reemployment Rights Act, and answers to often asked questions. Captain Edward K. Hooks, edward.hooks@osd.mil, is available to answer any questions or to provide additional information. You are encouraged to show your strong support for the National Guard and Reserve by signing the Statement of Support. Thank you for your assistance with this important matter. Sincerely, W David Janes National Chairman National Committee for Employer Support of the Guard & Reserve Bob Hollingsworth Executive Director National Committee for Employer Support of the Guard & Reserve A601 2421887l91E;Ron STATEMENT OF SUPPORT FOR THE GUARD AND RESERVE we recognize the National Guard and Reserve as essential to the strength of our nation and the well-being of our communities. In the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society. If these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security. Their members must have the cooperation of all American employers in encouraging employee participation in Guard and Reserve. Therefore, we join other employers in pledging that: 1. 2. 3. 4. Employment will not be denied because of service in the Guard or Reserve; Employee job and career opportunities will not be limited or reduced because of service in the Guard or Reserve; Employees will be granted leaves of absence for military service in the Guard or Reserve, consistent with existing laws, without sacrifice of vacation; and This agxeement and its resultant policies will be made known throughout - Secretary of Defense Print Name -AQAlL AC! &&t EMPLOYERSUPPOUTOFTHEGUARDANDRESERVE Date -Join Thousands of Other American Employers . . . Earn Five Star Recognition for your support of the men and women now serving xoudly in America's National Guard and Armed Forces Reserve. Your state's Employer Support of the Guard and Reserve Committee can and will work with you .o provide you with assistance and guidance in keeping your Guard and Reserve nember employees on the job and in the ranks. You can earn the recognition you deserve by providing demonstrated support for the lrolunteers who serve our nation: I. Sign a Statement of Support and tell your community that you stand behind our aoops - your employees - in peace, in crisis and in war. I 2. Review your Human Resource Policies to ensure that your policies comply with :he provisions of the Uniformed Services Employment and Reemployment Rights Act 'USERRA, Title 38, US Code, Public Law 103-353). ESGR can assist you. I' 3. Train your Managers and Supervisors and give them the tools they need to :ffectively manage your Guard and Reserve member employees - ask your ESGR Jolunteers for training assistance. f. Adopt 'Over and Above' Policies in your company that provide your Guard and Reserve member employees with more support than that required by law. Your ESGR {olunteers can tell you about the best practices adopted by thousands of other 2mployers across the nation. 5. Support ESGR. YOU can make a difference with your time, energy, effort and :ontributions. Ask your ESGR volunteer how you can get involved in your state ZSGR Committee and how you can reach out to other employers. I ,rJCESGR Form 15B-200405-1 1 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of April 30th through May 6, 2006, as MUNICIPAL CLERKS WEEK, in the City of Palm Beach Gardens and further extend appreciation to our Certified Municipal Clerk, Patricia Snider and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. ATTEST: PA ~Er!/;t; CITY CLERK IN WITNESS WHEREOF, I have hereunto set my hand and caused e S al of the City of Palm Beach Gardens, Flori , t e a!J · d t · Oth Day of April, in the year T o T usa CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of April 30th through May 6, 2006, as MUNICIPAL CLERKS WEEK, in the City of Palm Beach Gardens and further extend appreciation to our Certified Municipal Clerk, Patricia Snider and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. ATI'EST: PATRICIA SNIDER, CM , CITY CLERK IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Palm Beach Gardens, Flori a, to be a" · d t · Oth Day of April, in the year T: o CITYOFPALMBEACHGARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, although Equal Housing Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues; and WHEREAS, each year since the enactment of the National Fair Housing Act, the federal government designates April as the anniversary month of that law; as Fair Housing Month; and WHEREAS, on this 38th Anniversary, Palm Beach County is pleased to join in that designation since it provides an opportunity for all Americans to rededicate themselves to the principles of freedom of housing choice and to reacquaint themselves with the rights and responsibilities that are theirs under the law; and WHEREAS, since fair housing is consistent with the principle of equality and justice for all -principles under which our nation was founded -we all need to share in the fight to ensure fair housing is a reality for all residents; and Attest: WHEREAS, the Fair Housing Center of the Greater Palm Beaches is working in partnership with Palm Beach County to educate all county residents on their fair housing rights and responsibilities. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of April, 2006, as: FAIR HOUSING MONTH IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 6th day of April in the Year of our Lord, Two Thousand and Five. Patricia Snider, City Clerk, CMC CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION Declaring the week of April24-28, 2006 as Victims' Rights Week WHEREAS, National Crime Victims' Rights Week is celebrated in April east year to educate citizens and commemorate those survivors and victims of crimes; and WHEREAS, this is truly a landmark year for crime victims and survivors and those who serve them; and WHEREAS, the theme ofthis 26th Year Commemoration is "VICTIMS' RIGHTS; STRENGTH IN UNITY" a simple, yet powerful, message which focuses attention on victims' needs for justice and for services to help them cope in the aftermath of crime; and. WHEREAS, local activities include: Monday, Apn1 24th the Opening Ceremony at the West Palm Beach Police Department and a round table discussion on Sexual Violence Against People With Disabilities hosted by the Center For Independent Living Options; Tuesday, April 25th includes the annual Candlelight Vigil to be held at the Chapel By the Lake in West Palm Beach; Wednesday, April 26th, A VDA and the YWCA will present a "Steppin Out Against Violence" performance at City Place, in West Palm Beach; Thursday, April 27th includes a Crime Awareness and Prevention Fair and a Multi-Media Art/ Writing Exhibit; the closing ceremony is the 26th Annual Awards Luncheon to be held Friday, April 28th at the President County Club in West Palm Beach; and. NOW, THEREFORE, I, Joseph R . Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of April24-28, 2006 as Victims' Right Week IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 23rd day of April in the Year of our Lord, Two Thousand Six CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION Declaring the week of April24-28, 2006 as Victims' Rights Week WHEREAS, National Crime Victims' Rights Week is celebrated in April east year to educate citizens and commemorate those survivors and victims of crimes; and WHEREAS, this is truly a landmark year for crime victims and survivors and those who serve them; and WHEREAS, the theme of this 26th Year Commemoration is "VICTIMS' RIGHTS; STRENGTH IN UNITY" a simple, yet powerful, message which focuses attention on victims' needs for justice and for services to help them cope in the aftermath of crime; and. WHEREAS, local activities include: Monday, April 24th the Opening Ceremony at the West Palm Beach Police Department and a round table discussion on Sexual Violence Against People With Disabilities hosted by the Center For Independent Living Options; Tuesday, Apn1 25th includes the annual Candlelight Vigil to be held at the Chapel By the Lake in West Palm Beach; Wednesday, April 26th, A VDA and the YWCA wt1l present a "Steppin Out Against Violence" performance at City Place, in West Palm Beach; Thursday, April 27th includes a Crime Awareness and Prevention Fair and a Multi-Media Art/ Writing Exhibit; the closing ceremony is the 26th Annual Awards Luncheon to be held Friday, April 28th at the President County Club in West Palm Beach; and. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of April 24-28, 2006 as Victims' Right Week IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 23rd day of April in the Year of our Lord, Two Thousand Six ~ ~~~~00~~v~~~~ ,..._,.., ...-v~A w--v~~~~~~~~~~ ~~ CITY OF PALM BEACH GARDENS ~~~ ~ PALM BEACH COUNTY, FLORIDA ~ ~l PROCLAMATION i t Declaring the week of April23-30, 200U Days of Remembrance ~ ~~$ WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of ~: f European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary ~ ~~ victims-six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or ~ ~ decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, ~~ Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi ~ tyranny; and ~~ $~ WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of ~.~ individuals, societies and governments; and. ~ WHEREAS, the citizens of the City of Palm Beach Gardens should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and. WHEREAS, the citizens of the City of Palm Beach Gardens should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Palm Beach Gardens to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 23 through Sunday, April 30, 2006 including the international Day of Remembrance known as Yom Hashoah, April25;; and. i I ~~ ~~ I~ NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of ~l ~ Pabn Be~h Gaffiens, No~ do hffe:~::t::::~ughApril 30, 2006 as ~ I ll IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 23rd day of April in e Year of our Lord, 1Wo Thousand Six ~~ ~ ~< i ~ I . ~ ~~~~"\,/\./~~~V'V"/v"'..~~-v'V./\/'v~~ ). --~~""=~""""'~~~~"='=--~~~~=-'~~~ ::Z1~~~to~;~G~~~~ I PROCLAMATION Declaring the week of April 23-30, 2006 Days of Remembrance WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims-six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies and governments; and. WHEREAS, the citizens of the City of Palm Beach Gardens should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and. WHEREAS, the citizens of the City of Palm Beach Gardens should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Palm Beach Gardens to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 23 through Sunday, April 30, 2006 including the international Day of Remembrance known as Yom Hashoah, April25;; and. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of April 23 through April 30, 2006 as DAYS OF REMEMBRANCE IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 23rd day of April in the Year of our Lord, Two Thousand Six I l