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HomeMy WebLinkAboutAgenda Council Agenda 050202Revised ~~y ~ ~002 City of Palm Beach Gardens Council Agenda Mac 2, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado II. III. IV. Wo CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 2, 2002 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS: PRESENTATIONS: a. FDOT Tumpike& PGA Interchange Presentation. b. Citizen Recognition Award for Joan Collette. c.Awarding Donations to Dwyer High School and Palm Beach Gardens High School for Project Graduation. ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: For Items Not on the Agenda~ please submit request form to the Ci.ty Clerk prior to this Item) CONSENT AGENDA: a.Consideration of approving Minutes from the April 18, 2002 Regular City Council Meeting. b.Consideration of approving Minutes from the April 15, 2002 Joint City Council Meeting with The Art Advisory Task Force. Co do eo f. go no Resolution 63, 2002 - Agreement with Tropical Sands Church Regarding Widening of Bums Road. Consideration of approving an agreement with Tropical Sands Church, Inc. for the construction of improvements relating to the widening of Bums Road and authorizing the Mayor and City Clerk to execute same. Resolution 66, 2002 - Interlocal Agreement/Baseball Facility. Consideration of approving an interlocal agreement and agreement for lease with the School Board of Palm Beach County for the development of an athletic facility on the north side of Lilac Street. Resolution 20, 2002 - City Hall Sculptural Elements. Consideration of approving two agreements for the creation, delivery and installation of sculptural elements for the City’s Municipal Complex. Proclamation - Recognizing the month of May as "National Military Appreciation Month". Proclamation - Recognizing the week of May 13th as "Police Week" and May 15th as "Peace Officers’ Memorial Day". Resolution 76, 2002 - Work Order Number 2002-003 for LBFH, Inc. Consideration of approving Work Order 2002-003 with LBFH, Inc. for engineering services related to the planning and design of Westminster Park and Bums Road Community Center. Resolution 68, 2002 - Ryder Substation Florida Power & Light Company- Plat. Consideration of approving the Ryder Substation Florida Power & Light Company Plat. j.Resolution 69, 2002 - Mirasol Parcel Six-Plat. approving the Mirasol Parcel Six Plat. ko Consideration of Resolution 70, 2002 - Mirasol Parcel Seven-Plat. approving the Mirasol Parcel Seven Plat. Consideration of Resolution 7l, 2002 - Mirasol Parcel Nine-Plat. approving the Mirasol Parcel Nine Plat. Consideration of IX.PUBLIC HEARINGS: ao Ordinance 2, 2002 - Christ Fellowship South Campus Conditional Use Amendment (First Reading Continued from 04/04/02). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Xo bo Co Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately 3,/4 miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Ordinance 34, 1999; providing for a condition of approval; providing for severability; providing for conflict; and providing for an effective date. And Resolution 4, 2002 - Christ Fellowship South Campus Site Plan Amendment (Continued from 04/04/02). Consideration of approving application from Palm Beach Gardens Christ Fellowship by amending a condition of approval for a previously approved site plan for the Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately ¾ miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Resolution 5, 2000. Ordinance 44, 2001 - Christ Fellowship North Campus Amendment (First Reading Continued from 04/04/02). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 ½ mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. Ordinance 46, 2001 - Parcel 4.07B - Alta Pines Apartments (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of approximately 24.68 acre parcel of land from Planned Development Area (PDA) to Residential High (RH) with a Planned Development Overlay Zoning District (PUD), to be known as "Alta Pines," by approving the construction of 264 multi-family units and accessory uses, located approximately ½ mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. RESOLUTIONS: ao Resolution 67, 2002 - Award of Contract Bums Road East Project Number 00-4107 - Consideration of awarding the bid for the Bums Road East improvements to Hardrives Inc. XI. ORDINANCES: (For Consideration on First Reading) ao Ordinance 22, 2002 - Mid-Year Budget Amendment (First Reading). ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002, inclusive; providing for conflicts; providing for severability; and providing for an effective date. bo Ordinance 16, 2002 - BATT Learning Center (First Reading). ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of approximately 9.42-acre parcel of land from Planned Development Area (PDA) to Planned Unit Development Overlay Zoning District (PUD) a underlying Public/Institutional (P/I) zoning, to be known as "BATT School," by approving the construction of an approximately 50,203 square-foot private school with gyrrmasium, football field, and track, located on the north side of Hood Road, west of the Interstate 95 overpass and east of the Turnpike overpass, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. Co Ordinance 19, 2002 - Frenchman’s Reserve PCD Amendment, N.E. Wall (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 4, 2001, which approved the Frenchman’s Reserve Planned Community District by amending the Condition of Approval relating to issuance of building permits prior to completion of certain infrastructure and adding a new condition; and amending the PCD Master Easement Relocations, and a well site location at the site, located approximately directly east of the intersection of Hood Road and Alternate A1A; providing for conditions of approval; providing for a waiver; providing for severability; providing for conflicts; and providing for an effective date. do Ordinance 23, 2002 - PGA Commons Parcel 2 Time Extension (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concurrency certification for the property located at the southwest corner of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 2" Planned Unit Development; amending Ordinance 8, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date. eo Ordinance 24, 2002 - PGA Commons Parcel 3 Time Extension (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concurrency certification for the property located at the southeast comer of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 3" Planned Unit Development; amending Ordinance 9, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date. Ordinance 21, 2002 - PGA Plaza Rezoning & Site Plan Review to Accommodate the PGA Blvd. Widening & Address Non-Conformities (First Reading). An ordinance of the City Council of the city of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of approximately l l.ll-acre parcel of land from General Commercial (CG-1) to a Planned Unit Development Overlay Zoning District (PUD) with a Underlying General Commercial (CG-1) Zoning, be known as "PGA Plaza," by approving the renovation of the parking and landscape areas to accommodate the widening of PGA Boulevard as required by the Regional Center DRI Development Order on the site located on the southwest comer of intersection of PGA Boulevard and Prosperity Farms Road, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: a.City Manager Performance Review. XIII. ITEMS FOR DISCUSSION: ao Conceptual Study and Design For MacArthur Boulevard Traffic Calming and Roadway Improvements. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. Ira person decides to appeal any decision made the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. IV. PRESENTATIONS: a.FDOT Turnpike & PGA Interchange Presentation. IV. PRESENTATIONS: b. Citizen Recognition Award. IV. PRESENTATIONS: Co Awarding Donations to Dwyer High School and Palm Beach Gardens High School for Project Graduation. CITY OF PALM BEACH GARDENS ,CITY COUNCIL REGULAR MEETING APRIL 18, 2002 The April 18, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 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 to the Flag ROLL CALL: The Interim City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor Carl Sabatello, Councilmember David Clark, Councilmember Joseph R. Russo, and Councilmember Annie Delgado. PRESENTATIONS: TriRail Presentation Michael Williams, TriR’ail Transportation Planning Manager, provided a status report on the TriRail Master Plan, with focus on the Jupiter extension, which was one of the five projects contained in the master plan. Proclamation- Recognizing the month of May as "Civility Month" - Mayor Jablin read the proclamation aloud. Councilmember Clark made a motion to adopt the proclamation. Motion was seconded by Councilmember Delgado and carried by unanimous vote. En~aved Paver-Brick Reco~gfizing the Women’s Club - Mayor Jablin announced that one 12"x12" paver in the Municipal Complex plaza had been reserved to commemorate the General Federation of Women’s Clubs 35th anniversary. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Delgado reported the Northlake Boulevard Task Force had met and would consider utilizing students at FAU to provide renderings, and also announced that HUD funds would be considered to help with funding. Councilmember Delgado reported she had sat in on her first Florida League of Cities board meeting and would be sworn in at the next meeting. Councilmember Delgado reported she had attended a ribbon cutting for Palm Beach Gardens Executive Suites. Vice Chair Sabatello announced that later in the meeting he would discuss the Blue Ribbon Committee. Councilmember Clark reported he attended the MPO meeting, where a TriRail presentation had been made and that MPO was interested in helping with obtaining a quiet zone. Councilmember Clark commented that the county, MPO, and other governmental agencies and municipalities were working on a connectivity project to make conservation areas available to the public, and had requested that the city participate. Councilmember Clark reported a request had been received from the Loxahatchee River Management Coordinating Committee for a staff member to attend their next meeting to discuss issues in the city’s comprehensive plan and developments that might affect the Loxahatchee River and its headwaters. Councilmember Clark invited attendance at the Relay for Life cancer benefit at Palm Beach Gardens High School. Mayor Jablin introduced Scott Border, candidate for the School Board, who introduced himself, announced that this was the first opportunity to elect a School Board member who lived in the City’s district, and presented his campaign platform. Mayor Jablin reported h~ had attended a tea at Frenchman’s Creek that day where the City had been awarded a $30,000 donation for exercise equipment for new Fire Station 3 and proposed Fire Station 5. CITY MANAGER REPORT: CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/18/02 2 Audit Report - Terry Morton, Audit Manager for Nowlen, Holt & Minor presented the audit report and answered questions from Councilmember Russo. Status Report Regarding Budget Proposal Fiscal Year 2002/2003 - Finance Director Allan Owens provided an update of the Budget Report for Fiscal Year 2003. America’s Most Wanted Gypsy Burglars Video Tape - Police Chief FitzGerald introduced the video and noted the City had received national recognition for apprehending these burglars. The video was shown to the audience. First Quarter Crime Report - Police Chief FitzGerald commented on highlights of the report. COMMENTS FROM THE PUBLIC: Jack Carouche, 341 Riverside Drive, asked if anything had been done regarding semi truck traffic on Riverside Drive. Chief FitzGerald responded signs restricting large trucks had been installed on MacArthur Boulevard, which would be strictly enforced. Cheryl Stewart, Assistant to the City Manager, and the City Manager reported engineering information for traffic calming in that area should be received in the Manager’s office on Monday and that Commissioner Marcus had indicated county funding would be available for traffic calming. CONSENT AGENDA: Councilmember Clark moved approval of the consent agenda. Councilmember Russo seconded the motion, which carried by unanimous vote of 5-0. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the April 4, 2002 Regular City Council Meeting. b. Resolution 59, 2002 - Mirasol Plat Four-Plat. Consideration of approving the Mirasol Plat Four-Plat. c. Resolution 62, 2002 - Utility Easement in favor of FP&L. Consideration of authorizing the Mayor and City Clerk to execute two Utility Easements in favor of Florida Power and Light Company relating to the construction of Fire Station No. 3. d. Proclamation - Recognizing "Municipal Clerks Week". RESOLUTIONS: Resolution 44, 2002 - Art Advisory Committee - Reappointment of two (2) regular members, one (1) alternate member and the appointment of one (1) regular member and (1) alternate member to the Art Advisory Committee of the City of Palm Beach Gardens. Councilmember Russo seconded the motion, which carried by unanimous 5-0 vote. Resolution 52, 2002 - Public Safety Communications Consortium. Consideration of committing the City’s portion of funds allocated by Palm Beach County Resolution R-2002- 0192 in accordance with Section 318.21(10), Florida Statutes, to The Municipal Public Safety Communication Consortium (MPSCC) communication project. Councilmember Clark moved approval of Resolution 52, 2002. Councilmember Russo seconded the motion, which carried by unanimous 5-0 vote. Resolution 54, 2002 - Mirasol Parcel 6. Consideration of providing for the approval of a Site Plan to allow for the development of 41 semi-custom homes, known as Mirasol Parcel 6, located within the Mirasol Planned Community District (PCD). Councilmember Sabatello declared a conflict of interest and state he would not vote on this matter. Staff presented the project. Staff explained the request and noted changes in the resolution had been made by correcting four typos and deleting duplicate conditions. Councilmember Clark moved approval of Resolution 54, 2002 with the deletion of numbered paragraph 3 in section 3 of the Resolution. Councilmember Delgado seconded the motion, which carried by unanimous CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/18/02 3 4-0 vote. Resolution 55, 2002 - Mirasol Parcel 7. Consideration of providing for the approval of a Site Plan to allow for the development of 38 custom homes, known as Mirasol Parcel 7, located within the Mirasol Planned Community District (PCD). Councilmember Clark moved approval of Resolution 55, 2002 with the deletion of condition 3 in section 3 of the Resolution. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote. Councilmember Sabatello was out of the room during the vote. Resolution 56, 2002 - Mirasol Parcel 9. Consideration of providing for the approval of a Site Plan to allow for the development of 36 custom homes, known as Mirasol Parcel 9, located within the Mirasol Planned Community District (PCD). Councilmember Clark moved approval of Resolution 56, 2002 with the deletion of condition 3 in section 3 of the Resolution. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote. Councilmember Sabatello was out of the room during the vote. Resolution 57, 2002 -Mirasol Parcel 10. Consideration of providing for the approval of a Site Plan to allow for the development of 26 custom homes, known as Mirasol Parcel 10, located within the Mirasol Planned Community District (PCD). Councilmember Sabatello declared a conflict of interest and stated he would not be voting on this matter. Councilmember Clark moved approval of Resolution 57, 2002 with the deletion of condition 3 in section 3 of the Resolution. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote. Resolution 58, 2002 -NorthCorp Lot 12 Amendment. Consideration for approval of one professional office building approximately 4,000 square feet as the first phase of a two- phased project on Lot 12 of the NorthCorp Planned Community District (PCD), located just east of the intersection of NorthCorp Parkway and east Park Drive in NorthCorp PCD; amending Resolution 65, 1992, to reduce the rear buffer of the property. Staff comments were provided. Councilmember Clark moved approval of Resolution 58, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. Councilmember Clark made a motion to reconsider Resolution 58, 2002. Motion was seconded by Councilmember Delgado and carried by unanimous 5-0 vote. Discussion ensued. Councilmember Clark moved approval of Resolution 58, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. ORDINANCES: Ordinance 14, 2002 - Mirasol PCD Amendment to Master Plan - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 18, 2001, and approving an amendment to the Mirasol Planned Community District (formerly known as Golf Digest) by amending conditions of approval relating to Park Improvements, CPTED Principles, Bonding of Infrastructure and Landscaping Improvements; and requiting a mechanism for rear yard access and reconfiguring a lake parcel at the site, located between PGA Boulevard and Hood Road, and Florida’s Turnpike and the C-18 Canal, as more particularly described herein; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Staff presented the project. Anne Booth, agent, spoke on behalf of the applicant, and clarified the requirement for residents to be members of the country club. Councilmember Clark moved Ordinance 14, 2002 be placed on first reading by title only. Councilmember Russo seconded the CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/18/02 4 motion, which carried by unanimous 5-0 vote. The Interim City Clerk read Ordinance 14 on first reading by title only. Ordinance 18, 2002 - Temporary, interim or partial closure of streets and other public rights- of-way - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending section 62-2, "Obstructions Prohibited," of Article I, "In General," of Chapter 62, "Streets, Sidewalks and Certain Other Public Places," of The City Code of Ordinances to authorize temporary, interim or partial closure of publicly dedicated streets and rights-of- way; providing for codification; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. The City AttorneY explained the ordinance. Councilmember Clark moved Ordinance 18, 2002 be placed on first reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 5-0 vote. The Interim City Clerk read Ordinance 18 on first reading by title only. - ITEMS FOR DISCUSSION: Text Amendment Re~arding Development West of Urban Growth Boundary_ - Principal Planner Steve Cramer requested direction from the City Council regarding a comprehensive plan amendment to allow development of 5 acres or less in conservation areas with the purpose of the development to be for conservation only. Councilmember Clark requested that provisions for trails be included in case it was needed. Direction was to go forward. CITY ATTORNEY REPORT:. Approval of Payment to RA CO AMO - The City Attorney recommended approval of payment in the amount of $29,497.00. Councilmember Clark moved approval of the staff recommendation. Councilmember Russo seconded the motion, which carried by unanimous 5-0 vote. Sale of Former Fire Station No. 4 - The City Attorney explained that a deed restriction required this property be used as a fire station. A prospective purchaser, Mr. Tendrich, had agreed to pay the appraised value of $210,000, which members of the Council considered too low. Consensus was to have Mayor Jablin talk to Mr. Ecclestone to see if he would release the deed restriction and to have a second appraisal done at the City’s expense. Other Updates - The City Attorney assured Councilmember Russo that he was monitoring the status of a pending lawsuit. The City Attorney provided a status on the proposed change for special event signage. BLUE RIBBON COMMITTEE: Councilmember Sabatello requested a distinction between the GNA group and the Blue Ribbon Committee. Mayor Jablin indicated the Blue Ribbon Committee would address specific issues and the makeup would be individuals from all over the City who had expertise in those issues. Councilmember Delgado reported the GNA was made up of representatives of homeowners associations to address problems within their neighborhoods, and that attendance had fallen off. Mayor Jablin explained the Blue Ribbon Committee would target specific problems and would sunset, and that members of the GNA could also be selected to serve on the Blue Ribbon Committee. Consensus was to respond back to former Councilmember Furtado that the Blue Ribbon Committee would be provided with the reports made by the GNA, and that information would be used as the base for the Blue Ribbon Committee. ADJOURNMENT: There being no further business to discuss, upon motion by Chair Pro Tern Clark, seconded by Councilmember Russo, carried 5-0, the meeting was adjourned at 9:53 p.m. APPROVAL: MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO CHAIR PRO TEM DAVID CLARK COUNCILMAN JOSEPH RUSSO ATTEST: COUNCILWOMAN ANNIE DELGADO BLANE KAUTHEN INTERIM CITY CLERK CITY OF PALM BEACH GARDENS JOINT MEETING OF THE CITY COUNCIL AND THE ART ADVISORY TASK FORCE MEETING MINUTES APRIL 15, 2002 The April 15, 2002 Joint Meeting of the Art Advisory Task Force and the City Council of the City of Palm Beach Gardens, Florida, was called to order at 6:18 P,M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; ROLL CALL: The Interim City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor Carl Sabatello, Councilmember David Clark (arrived at 6:30 p.m.), Councilmember Joseph R. Russo, and Councilmember Delgado. PRESENTATION: David Porter, Chair of the Art Advisory Task Force, introduced the members of the task force to the City Council, and reported that an RFP for an art consultant had resulted in selection of Joel Straus as Art Consultant, who had presented artists from which to select to provide an interior sculpture and an exterior sculpture. Mr. Porter recapped the process which had occurred to meet the artistic goals envisioned by the task force. Types of works done by the world-renowned artist from Greece who had been chosen for the exterior sculpture were presented. A CD put together by the artist was shown which depicted the first steps of what the sculpture would look like. It was explained that water and waves was the reference. The location at the Military Trail entrance was described, with the sculpture seated on a concrete pad in the grass and with no landscape component. It was explained that this would be treated as an architectural project with all code requirements to be met. Discussion ensued as to whether the art related to the City and if the location was appropriate. Response was that the art related to the whole of Florida rather than just to the city, and that the sculpture would actually be back farther from the road than it appeared. It was confirmed that the metal would not rust. It was noted that the artist had come to the city and had picked the location for the sculpture, and that all possible scenarios had been considered to lessen any liability to the City. The majority of the City Council expressed their support for the sculpture. A video of the work of the artist chosen to provide the indoor sculpture was viewed. The piece chosen was to move gently on air currents without noise. Verticality was to be adjusted by the artist at installation. How light would reflect off the sculpture was discussed. Vice Mayor Sabatello apologized if he had offended members of the task force but not for the questions he had asked, and recommended more informal workshops like this meeting for future projects in order to be able to ask questions without stepping on toes and to gain background knowledge on what work had been done by the task force. It was noted that workshops had been conducted but all members of the Council had not been able to attend; however, going forward every effort would be made to pick a time everyone could attend. It was explained that these would be the first two pieces of art picked for the city by the Art Advisory Task Forceand not provided by developers for their projects, and all of the art picked by the task force and by developers would be presented to the City Council for approval. A Saturday workshop with developers to show them art in public places in other cities was suggested--to show them good and bad art throughout the country. Task force members recommended developers get started on their art for a project at the same time they hired an architect. JOINT MEETING OF THE CITY COUNCIL AND ART ADVISORY TASK FORCE OF THE CITY OF PALM BEACH GARDENS 4/15/02 A design plan for the converting the City Hall plaza into a park for concerts, which had been developed by Mayor Jablin and David Porter and others was reviewed. It was noted that this was one idea for the plaza to make it more useable and to allow it to become a civic center in which to hold many events that were now held in other various locations. Ideas included a band shell, moving the existing fountain and removing the vertical elements, providing landscaping and space for 1,000 chairs, and providing parking to meet City codes. Possible events that could be held in the space were discussed. ADJOURNMENT: There being no further business to discuss the meeting was adjourned at 7:44 p.m. APPROVAL: MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO CHAIR PRO TEM DAVID CLARK COUNCILMAN JOSEPH RUSSO COUNCILWOMAN ANNIE DELGADO ATTEST: BLANE KAUTHEN INTERIM CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 18, 2002 Meeting Date: May 2, 2002 Subject/Agenda Item: Consideration of Resolution 63, 2002, approving an Agreement with Tropical Sands Church for the construction of improvements related to the widening of Burns Road. Recommendation: Approval of Resolution 63, 2002 Reviewed by: City Attorney Submitted by: City Attorney~ Approved ~ City Manager / Originating Dept: City Attorney Advertised: Date: Paper: [ ×] Not Required Affected parties: "[ ] Notified [X] Not Required Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Memorandum to Council Resolution 63, 2002 Agreement General Release M E M O R A N D U M WATTERSON, HYLAN.D & KLETT’, P.A. To:Hon. Mayor and City Council ~ From:Leonard G. Rubin, City Attorney Subject:Approval of Resolution 63, 2002 Date:April 5, 2002 cc:Ron Ferris, City Manager This is a request for approval of Resolution 63, 2002, approving an Agreement with Tropical Sands Church for the construction of certain improvements related to the Burns Road widening project. The Church is located along the eastern portion of Burns Road, where the City will be widening the roadway to four lanes and constructing a median. Once the median is constructed, those persons traveling westbound on Burns Road will no longer be able to access the property directly. In order to address this issue, the City is agreeing to pay the Church $27,800 to fund a new access to the Property via Allamanda.Drive in accordance with the Exhibit attached to the Agreement. The construction of such improvements in the proposed location will also necessitate additional dry detention area to compensate for the portion that will be filled in. The City shall have no maintenance obligation with respect to the new access or detention areas, and the City Engineer’s office has approved the proposed improvements to the property. If the improvements are not constructed within two years, the Church must return the funds to the City. Additionally, the Church has also delivered to the City a general release against any damages it may suffer as a result of the widening of Burns Road. Should you have any questions relative to the foregoing, please do not hesitate to contact this office. P:\CPWin\HISTORY\020402A\446.A0(319.055)160 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 63, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH TROPICAL SANDS CHURCH, INC. FOR THE CONSTRUCTION OF IMPROVEMENTS RELATING TO THE WIDENING OF BURNS ROAD AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is constructing additional lanes of traffic and a median on the eastern portion of Burns Road in order to increase traffic capacity and decrease the demand placed on other east-west thoroughfares within the City; and WHEREAS, Tropical Sands Church is the owner of property located along Burns Road and the City’s construction of the median will impede access to the Church; and WHEREAS, the City has agreed to fund the construction of certain improvements to offset the impact of the City-initiated Burns Road widening project; and WHEREAS, the City Council determines that the execution of said Agreement is in the interest of the health, safety and welfare of the citizens 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 "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 hereby approves the Agreement for Construction of Improvements with Tropical Sands Church, Inc., attached hereto as Exhibit "A" and incorporated herein by reference, and authorizes and directs the Mayor and City Clerk to execute said Agreement on behalf of the City. 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. " -1- SECTION 7: This Resolution shall become effective immediately upon adoption, RESOLVED, ADOPTED AND APPROVED TH IS__DAY OF ,2002. ATTEST: MAYOR ERIC JABLIN CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter"City"), and Tropical Sands Christian Church, Inc., a Florida non profit corporation, whose address is 2726 Burns Road, Palm Beach Gardens, Florida 33410 (hereinafter "Church"). WHEREAS, City will be commencing the construction of additional lanes of traffic and a median on Burns Road, a City collector road located within its corporate limits, in order to increase the traffic capacity on Burns Road and thereby decrease the demand placed on other east-west thoroughfares within the City, notably PGA Boulevard (hereinafter "Project"); and WHEREAS, the Church is the owner of property located adjacent to and accessed from Burns Road (hereinafter "Property"); and WHEREAS, the construction of the median will impede access to the property from those persons traveling westbound on Burns Road; and WHEREAS, the City has agreed to the payment of certain funds to the Church to provide for the construction of a new entranceway from AllamandaRoadand the Church has agreed to construct such improvements; and WHEREAS, the City and the Association wish to enter into an agreement to specifically delineate the obligations of each and to bind their respective successors and assigns. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Developer and the City agree as follows: ARTICLE 1. RECITALS. The recitals as set forth hereinabove are hereby deemed true and correct to best of the knowledge of the parties hereto and are incorporated herein by this reference. ARTICLE 2. AUTHORITY FOR AGREEMENT. Each party does hereby acknowledge and agree that it has the lawful authority to enter into this Agreement for the purposes contained herein. -1- ARTICLE 3. OBLIGATIONS OF THE CITY The City agrees to pay the Church the sum of $27,800 to fund the construction of a new access to the Property, in accordance with the plan attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter "Improvements"). The City shall process such amendment as a minor or administrative site plan review. go The payment referenced in subsection A above is expressly conditioned upon the Church delivering to the City a document, in a form acceptable to the City, releasing the City from any damages or claims of any type relating to the impairment of access to the Property or the construction of the Project. Co The City agrees that, during the construction of the Project, it will provide in the road drainage system a "stub out and tie in" to aid in the drainage of Church property. The City further agrees that said "stub out and tie in" be located on the south side of Burns Road between the existing Church entranceway and the Church’s eastern property line. Upon completion of the Improvements, the City shall provide and install directional signs in the Burns Road median at or near the current entrance directing westbound traffic to the newly constructed entrance on Allamanda Drive. ARTICLE 4. OBLIGATIONS OF THE CHURCH The Church agrees to construct and complete the Improvements within two (2) years of the Effective Date of the Agreement. If such Improvements are not constructed within this time frame, the Church shall refund all payments made by the City hereunder upon written demand for the same. The Church shall be solely responsible for the construction and maintenance of the Improvements constructed pursuant to the terms of this Agreement and all costs related hereto. ARTICLE 5. TERMINATION This Agreement shall remain in full force and effect until it is terminated by the mutual written consent of both parties hereto or the issuance of a Certificate of Completion for the Improvements, whichever shall first occur. ARTICLE 6. MISCELLANEOUS PROVISIONS Ao Notice Format. All notices or other written communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: -2- Bo Co Do Eo As to City:City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Flodda 33410 Attn: City Manager Facsimile: (561) 799-4111 with a copy to:Watterson, Hyland and Klett, P.A. 4100 RCA Boulevard Palm Beach Gardens, Flodda 33410 Attn: Palm Beach Gardens City Attorney Facsimile: (561 ) 627-5600 LBFH, Inc. 3550 S.W. Corporate Pkwy. Palm City, Florida 34990 Attn: Palm Beach Gardens City Engineer Facsimile: (561) 286-3925 As to the Church:Tropical Sands Christian Church, Inc. 2726 Burns Road Palm Beach Gardens, Florida 33410 Attn: Registered Agent Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect .to the subject matter hereof. Binding 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. Assignability. This Agreement may not be assigned without the prior wdtten consent of both parties to this Agreement. Sevembility. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. -3- Go Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. 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. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. 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 stdctly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. Attorney’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. [Signatures on next page] IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. EXECUTED by the City this day of ,2002. CITY: [SEAL] CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Mayor ATTEST: City Clerk Executed by the Church this lct day of ~..,2002. CHURCH: TROPICAL SANDS CHRISTIAN CHURCH, INC., a Florida non-profit corporation Title:/~o~ ~,~ ~’~P~ P:\C PWin\HISTORY~010111A\FFA.21 (319.090)lgr-doc31 -5- GENERAL RELEASE KNOW ALL MEN BY THESE PRESENTS: That the Tropical Sands Christian Church, Inc., a Florida non-profit corporation, first party, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, received from or on behalf of the City of Palm Beach Gardens, a Florida municipal corporation, second party, the receipt whereof is hereby acknowledged (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) hereby remises, releases, acquits, satisfies, and forever discharges the said second party, of and from all and all manner of actions and actions, cause and cause of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said first party ever had, now has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against second party, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of these presents, arising out of or relating to the second party’s construction of improvements along Burns Road, including, but not limited to, the impairment of access to the first party’s real property. WITNESS WHEREOF, the first party has hereunto set its hand and seal this day of /~ ,ZJ~/,-~,/,... ,2002. Signed, sealed and delivered in the pr.esen,oe~f: , Tropical Sands Christian Church, Inc., a Florida non-profit corporation By:~ , Na-rne:/~’~~ d ~ ~ Title: /~ D Ol=- R ,5.T-o/~’ Page 1 of 2 STATE OF FLORIDA ) )ss COUNTY OF PALM BEACH ) J ~dThe foregoing instrument was acknowledged before me this j ay of 2002 by ~(~ee v~,~ /(/,~.~, as _ _ of Tropical Sands ’ Christian Church, I nc., a Florida non-profit cor~~-~, ~~ behalf of the corporation. He/She is personally know/l::~{o ~duced i0k-. (-[ (-./as identification and who did divot tak~ (SEAL) NOTARY P,~~ (Print Name) My Commission ,~,~.D. ires: ~,,~.~ BONDED P:\CPWin\HISTORY~010413A\FFA.2A(319.090)Igr-doc42 Page 2 o 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: April 22, 2002 Meeting Date: May 2, 2002 Subject/Agenda Item: Consideration of Resolution 66, 2002, approving an Interlocal Agreement and Agreement of Lease between the School Board of Palm Beach County and the City for the development of a baseball complex located at the Lilac Street property. Recommendation/Motion: Approve Resolution 66, 2002 Reviewed by: City Attorn~ Finance Director Other Submitted by: Department Director Originating Dept.: Administration Advertised: Date: Paper: [ X ] Not Required Affected parties -[--] I~tified [ X ] Not required Costs: $ N/A (Total) $ N/A Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attachments: Memorandum December 11,2001 Agenda Backup Resolution 66, 2002 Interlocal Agreement [ ] None w/ BACKGROUND: See attached agenda memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: FROM: SUBJECT: Ron Ferris, City Manager April 22, 2002 Jack Doughney, Community Services Administrator Agenda Memo - Resolution 66, 2002 - Lilac Street Baseball Field At the December 20, 2001 meeting, Council approved the concept of entering into an interlocal agreement with the School Board of Palm Beach County (School Board) which outlines a joint partnership project for the development of a baseball complex at the School Board’s expense on a city-owned park parcel. The Council ~pproved the concept with the stipulation that staff hold a public workshop with all neighboring residents on Lilac Street and Plant Drive to discuss the proposed road closures due to the construction of the complex. The public workshop was held on February 27, 2002 at City Hall with a turnout of 12 residents. All attendees were in support of the proposed road closure plan (see attached), which calls for four-way-stop intersections and temporary traffic diversions during school hours. Because the City’s Code did not allow for temporary street closures, Ordinance 18, 2002 was created and approved on first reading at the April 18, 2002 City Council meeting. This ordinance allows the temporary, interim or partial closure of streets and other public rights-of-way. If passed on second and final reading on May 16, 2002, the City Council could formally authorize the interim closure of Lilac Street by Resolution. Since the concerns of the surrounding residents have been alleviated and the City Code will be amended to allow for this project to take place, staff recommends the City enter into the Interlocal and Lease Agreements as presented. Should the Council not formally authorize the closure of Lilac Street, the School Board would have no obligation to construct the improvements. The attached Resolution 66, 2002 supports the execution of the Interlocal Agreement between the City and the School Board for the development of the proposed baseball facility, which was approved by the School Board at their January 16, 2002 meeting. RECOMMENDATION Approve Resolution 66, 2002 which authorizes the execution of the Interlocal Agreement between the City and the School Board of Palm Beach County for the development of the proposed baseball facility and the corresponding Agreement of Lease for a term of 50 years. ¯¯¯¯ ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ RESOLUTION 661 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT AND AGREEMENT FOR LEASE WITH THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE DEVELOPMENT OF AN ATHLETIC FACILITY ON THE NORTH SIDE OF LILAC STREET AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 20, 2001, the City of Palm Beach Gardens ("City") approved the concept of entering into an Interlocal Agreement with the School Board of Palm Beach County ("School Board") which outlines the joint partnership project known as "Lilac Street Educational Athletic Facility" ("Project"); and WHEREAS, said agreement provides funding for Project in an amount not to exceed $850,000 which will be paid entirely by the School Board; and WHEREAS, Project is located on the north side of Lilac Street just east of Military Trail on city-owned property; and WHEREAS, the School Board shall be responsible for the design and construction of the Project in accordance with the Project Description and Conceptual Site Plan as attached to the Interlocal Agreement as Exhibit C; and WHEREAS, the City shall also enter into an Agreement for Lease with the School Board for the 7-acre parcel of land for a period of 50 years at a rate of one dollar ($1) per year where the said Project will be constructed; and WHEREAS, staff recommends that the City Council authorize the Mayor to execute the Interlocal Agreement and the Agreement for Lease with the School Board; and WHEREAS, the City Council has determined the adoption 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 "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: The Palm Beach Gardens City Council hereby approves the execution of the Interlocal Agreement and Agreement for Lease, attached hereto as Exhibit "A" and incorporated herein and authorizes the Mayor and City Clerk to execute said Agreements. SECTION3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolutions 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 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of ,2002. ATTEST: MAYOR ERIC JABLIN CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: Mayor Jablin Vice Mayor Sabatello Councilmember Clark Councilmemeber Russo Councilmember Delgado AYE NAY ABSENT -2- CI.TY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 12/20/01 Meetin~l Date: Subject/Agenda Item: INTERLOCAL AGREEMNENT CITY OF PALM BEACH GARDENS AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR. THE DEVELOPMENT OF A BASEBALL COMPLEX ON A CITY PARK ¯Recommendation/Motion: TO APPROVE THE CONCEPT OF ENTERING INTO AN INTERLOCAL AGREEMENT WHICH OUTLINES THE PROJECT OF A JOINT PARTNERSHIP FOR THE DEVELOPMENT OF A BASEBALL COMPLEX AT THE SCHOOL BOARDS EXPENSE ON A CITYOWNED PARK PARCEL Reviewed by:. N/A City Attorney~’*~ Finance Director N/A O~er N/A Submitted by:. Originating DepL: ADMINISTRATION Advertised: Date: N/A Paper: N/A [ X ] Not Required Department Director Affected parties ~ ,,.~.~ .~]Notified City Mana~.[ X | Not required Costs:$ ~ NIA (Tot.at) $N/A. Cu~entFY Funding Source: [ ] Operating [ ] Other BudgetAcct.#: WA Council Action: [ | Approved [ ] Approved w/ conditions [ ] Denied [ | Continued to: Attachments: Memorandum ATTACHED MEMO [ ] None BACKGROUND: ATTACHED AGENDA MEMO; INTERLOCAL AGREEMENT CITY OF PALM BEACH GARDENS MEMORANDUM TO: FROM: SUBJECT: Ron Ferris, City Manager Date: December 1 I, 2001 Jack Doughn~y, Assistant to City Manager~~ Development of Baseball Field at City Park BACKGROUND The City of Palm Beach Gardens has been approached by Palm Beach Gardcms High School to enter a partnership to build a baseball field. This field would be used to host interscholastic sporting events for the Gators Baseball Team. The proposed site for this new facility is located on Lilac Street across from the High School. The City purchased this property in December 1997. The school board would, with permission from the City, design, build, operate and maintain the facility. These improvements would be available to the public through the City’s Parks and Recreation Department when not in use by the school. An interloeai Agreement would outline the partnership of the City’s use of its land and the School Board’s resources for the construction and operation of this facility. The school board intends to invest $850,000 in phase one of the construction. This would include site development, parking and related support facilities. In addition, they are prepared to fund $250,000 in the second phase. This would inelnde the construction of a pedestrian bridge eounecting Burns Road to the new facility. Additional length of new jogging trail at the proposed site will ,connect to our existing trail at Burns Road. Attached. is a proposed site plan, which will be ref’med when both parties enter into an agreement. The item, if approved, would appear before the School Board in January and the Council would later vote to execute the Interlocal Agreement. A requirement, that came forth during the School Board’s review, was to create a school crossing on Lilac Street to ensure safe access to the field from the school and also allow the capability to close offthe road during sporting events. City staff expressed concern with temp0rau¢ road closures. Public Works, Police, Fire and Growth Management reviewed this request and agreed that with that particular closure the public wOuld still have access to the area via the parking lots, which are adjacent to .both sides of the road. City staff is supporting this. request. The funding for the work would be included in the School Board’s budget for the project. RECOMMENDATION Staff is recommending approval for the proposed conceptual site plan and Intedocal Agreement between the Palm Beach County School Board and the City. JED:ps ee: Len Rubin, City Attorney Board Meetin8 SCHOOL DIST CT OF PALM BEACH COUNTY BOARD AGENDA ITEM SUMMARY II F-AL ESTATE NER VICES I recommend the School Botrd approve the lnteHeeal Agreement between the School Board of Palm Beach Ceunty an~d. the City of Palm Beach Gardens for the design and construction of ¯ Baseball Field st the City’s Lilac Street property and fund the construction efmoveable Facilities (SREF) to ~ students fr6m the main campus of Palm m~cn ¢Jaraens tttgn :~cnooi to cross LBac Street to use the Baseball Facilities. Palm Beach C_.~mrdens I~gh School currently leases a ball field from the City in an adjacent park that is not up to standard with other..l~gh school baseball facilities. _" ’edThe City.ofPalm _Be~_ .h ~ .has ~ to approximately seventeen (1.7) acre~ m_rmeny~ow~ by S~e~oast Utility At~hority and m willing to 8ra~.t mevocable ~ use of ±’/a~res mr one (I) dollar a year for fdly (50) years. (See Attaclunent I a~d Aetial.) edThe ~¢hool Boa~ w~]! fund attd construct the baseball facilities, which will ltgmoe a pay plate, ~.aketg, ele~rom¢ ~oreboatd, decuical setvtc~, backstop tenoag, I~ tung cages, land~ping. (See Attachment If.) _ . ..... The School Board agrees to provide funding for the construction ot these baseball fac~ltttes m an amoum not to exceed $850,000. ¯ Dutiag school hours and run, ons, ~ ~ will be needed for the closure of Lilac Street. The School Board agre~ to provide funding for the design and construction of the gates in an amount not to exceed $5,000. The Phase I Em~anmetr~l Audit test results from sampling the two (2) abaadoned sludge-dtyin8 beds on the seven (7) acre site show elevated levels of contaminants. The cost to the District for renarcal of this slu~d~_,e and its proper.disposal is est.i~.ated~at $60°000.. . The City ofPalra Bea~ Gatdeas Vision. Plan,. calls fog con.n.ecttvlty ot open. space, r~reat~0nal and padc faciliti~. As part of th~ consideration to a~ke th~ property avadable for a baseball facility, the School Board will fuad the construction of a pedestrian foot bridge across the Thompson Rivet connectin 8 the Burns Road re~re~ioaal complex and jogging tra’d to the proposed ba~ball complex and the ad~c.~at Plaat Drive Publi~ Park ameaitie~. The pedestriat~ foot bddge will provide the ~alm Beach ~ Higl~ School track team and othex phy~fl education ptogran~ ~cc~s to the Bums Road jog~ng ttatl complex by way of the proposed foot bridge dimiaafing the need for studeat$ to tun along toadways to acc.e~ the facility. Co.ruction oftbe foot bridge is planned for FY 2002/2003. SREF safety requirements will be met by the closin 8 of Lii~ Strut during school~anci funCtion~. A request has been made to the P~dm Beach County Commission on b~half of the Palm Beach Gardens High Cotmnunity Sdmoi to he~p fund the li~ing of the ball field and parking area~ (See Attar. cnt m.) BOARD GOAL(S):¢~KEY RESULT(S): LEGAL SIGN-OFF Yes ¯ _JRA CONTAC’IT: _Wil_l_ism F. Mslon .¢~A/illimm-Malone.~Barry Present 10 The fina~al impact to the Capital Contingency Bodget (F’Y2001/200~) it not ~ exceed $950,000. CONSENT AGENDA ITEM INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOAR0 AND THE, .CITY OF PALM BEACH GARDENS FOR THE DESIGN AND CONSTRUCTION OF AN ATHLETIC FACILITY AT THE CITY’S LILAC STREET PROPERTY THIS INTERLOCAL AGREEMENT is ¯made and entered into this day of , 2002, by and between the School Board of Palm Beach County, a corporate body politic pursuant to the Constitution of the State of-Florida, hereinafter referred to as SCHOOL BOARD and the CITY OF PALM BEACH GARDENS, a municipal corp0mtion organized and existing under the laws of the State of Florida, hereinafter.referred to as CITY. . WITNESSETH: .. WHEREAS, SCHOOL BOARD owns and operates Palm Beach-Gardens Community High School located at 4245 Holly Drive in Palm Beach Gardens (High School); and WHEREAS, SCHOOL BOARD desires to construct an Educational Athletic Facility on Cityproperty located on the north side of Lilac Street as more fully described in Exhibit B, hereinafter referred to as the Property, at said location; and WHEREAS, in accordance with Section 235.055, Florida Statutes, the SCHOOL BOARD and City have entered into a lease agreement of even date. herewith for said Property for one dollar ($1) a year for fifty (50) years and other terms and conditions as more fully set forth the lease agreement attached hereto as Exhibit E (hereinafter Lease); and VeHEREAS, in accordance with Section 235.055, Florida Statutes, the SCHOOL BOARD has agreed to fund and construct an Educational Atldetie Facility consisting of a regulation baseball .field, paved parking lot, clay infield, dugouts, bleachers, score stand behind . home plate, speakers, electronic .scoreboard, electrical service, backstop fencing, batting cages, and landscaping all as more fully defined and set. forth in Exhibit C attached hereto, and ..hereinafter referred to as Project, in order to enhance and expand necessary educational/athletic facilities for High School; and WHEREAS, the Project shall be open to and benefit all residents of the CITy. during times said facilities are not otherwise in use or being utilized for the educational activities of Palm Beach Gardens Community High School; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interloeal Agreements with each other to jointly exercise any power, privilege, or authority with ¯ . such.agencies share in common and which each might exercise separately; and WHEREAS, both parties desire to enter into this Interlocal Agreement; NOW, THEREFORE,-in consideration of the mutual ¯ representations contained herein, the parties hereto agree as follows: covenants,promises and ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance the educational and recreational opportunities for use by the students of Palm Beach Cotmty Schools and the public and thereby provide a mechanism for the CITY to grant a long term lease of a parcel of property located on the north side of Lilac Street and south of the Thompson River to the SCHOOL BOARD, as more fully described in Exhibit B. Section 1.03 SCHOOL BOARD will design and construct the Project; as more fully described in the Project Description and Conceptual Site Plan, attached hereto and made a part hereof as Exhibit A. Section 1.04 SCHOOL BOARD agrees to fund the Project in an amount not to exceed $850,000 in order to complete the Project. Section 1.05 SCHOOL BOARD’S representative during the design and construction of the Project shall be: Director; Maintenance and Plant Operations, School District, (561) 687-7185 3300 Summit Boulevard West Palm Beach, FL 33406. Section 1.06 CITY’s representative during the design and construction of the Project shall be: Jack Doughney, Assistant to the City Manager (799-4114) Section 1.07 The terms and conditions of this agreement may be modified by addendum in order to address mutually agreeable terms and conditions which may be established and approved between the parties and their respective governing boards for the future construction of a pedestrian access bridge over the Thompson River to the Project connecting the CITY’s Bums Road Recreational Complex and Jogging Trail. Notwithstanding anything to the contrary contained in this agreement, however, SCHOOL BOARD shall not be obligated to fund, construct, improve, or cause to be funded, constructed, or improved any additional improvements beyond those so specified in Exhibit C. Section 1.08 SCHOOL BOARD shall utilize its procurement process for all design and construction services required for the Project and under its obligations as set forth herein. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations, which pertain to the planning, development, and construction of educational facilities. The CITY shall have no contractual obligation to any person retained by SCHOOL BOARD with regard to the Project. Any dispute, claim, or liability that may arise as a result of SCHOOL BOARD’S procurement is solely the responsibility of SCHOOL BOARD and 2 SCHOOL BOARD will be responsible for same to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 SCHOOL BOARD shall be responsible for the design and construction of the Project. SCHOOL BOARD shall design and construct the Project in accordance with Exhibit C (Project Description and Conceptual Site Plan), attached hereto and made a part hereof, according to the laws, building code, and regulations, which govern the construction of educational facilities. Section 2.02 Upon execution of this Interlocal Agreement by the parties hereto, SCHOOL BOARD shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, and specifications necessary for the design and construction of the Project. Section 2.03 SCHOOL BOARD shall provide a copy of the engineer’s and/or architect’s programming phase documents (i.e., site plan, elevations, etc.) to the CITY’s Representative for review. The CITY’s Representative shall review said programming phase documents to ensure consistency with the intent of this Interlocal Agreement, and approval shall not be unreasonably withheld. The CITY shall have fifteen (15) days to review and approve plans, or shall deemed approved if no written response has been issued by CITY. Section 2.04 SCHOOL BOARD shall be responsible for securing all permits (to the extent that any are legally required), and other approvals as may be necessary from the CITY to construct the Project. The CITY shall expedite and facilitate the issuance of such permits or otherwise waive the applicable fees. Section 2.05 SCHOOL BOARD agrees to complete the Project within twenty-four (24) months from the date of execution of this Interlocal Agreement by the parties hereto. For purposes of this Agreement, completion of the Project shall be deemed to mean when the date upon which the Project is given a certificate of completion. Upon notification to the CITY, at least ninety (90) days prior to the anticipated completion date, SCHOOL BOARD may request an extension of up to twelve (12) months beyond completion date (Completion Date). In such event, shall not unreasonably deny SCHOOL BOARD’S request for said extension. Notwithstanding anything in this agreement to the contrary, SCHOOL BOARD shall be excused from the Completion Date in the event of interference, interruption, and/or delay by the CITY, its agents, employees, or affiliates, and/or unforeseen conditions, acts of God, including weather delays, and/or any administrative, judicial action, or proceeding which causes interruption and/or delay to the SCHOOL BOARD’S ability to timely complete the Project, (hereinafter Excusable Delay). In the event of Excusable Delay, the SCHOOL BOARD shall not be deemed to be in default or breach of this agreement. ARTICLE 3: LEASE Section 3.01 The CITY agrees to lease the herein described CITY Property to SCHOOL BOARD, said parcel of Property being located on the north side of Lilac Road and south of the Thompson River, as more fully described in Exhibit B, and under terms and conditions as set which are more fully set forth in the Lease Agreement, attached hereto as Exhibit E. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 The SCHOOL BOARD’S obligation for operation and maintenance of the Project are as set forth in the Lease Agreement. Section 4.02 Ownership of all removable property and equipment shall remain with the SCHOOL BOARD. The SCHOOL BOARD shall be responsible for all costs, expenses, fees and charges related to its operation of the Project, subject to annual funding and appropriations by its governing board. The SCHOOL BOARD reserves the right to terminate this agreement and Lease for convenience and/or in the event of budgetary constraints, administrative and/or judicial determinations or other laws, rules, or regulations which interfere with the SCHOOL BOARD’S ability to performance obligations hereunder. Section 4.03 SCHOOL BOARD shall be responsible to operate, maintain, and use the Project in accordance with the Department of Education rules, codes, and regulations for Educational Facilities. ARTICLE 5: USE OF THE PROJECT Section 5.01 SCHOOL BOARD agrees that the Project shall serve a public educational purpose, and the Project shall be open to and benefit all residents of the City of Palm Beach Gardens consistent with SCHOOL BOARD Policies for community use of educational facilities, when not in use by SCHOOL BOARD for its educational activities and functions. The parties shall abide by applicable and governing policies, laws, and ordinances with respect to discrimination on the basis of race, color, sex, national origin, age, disability, religion, ancestry, or marital status with respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall be for a period of fifty (50) years commencing upon the date of execution of this Interlocal Agreement by the parties hereto. SCHOOL BOARD and CITY shall restrict its use of the Project to educational, recreational, cultural, civic, and community purposes only. ARTICLE 6: ENVIRONMENTAL ISSUES Section 6.01 The SCHOOL BOARD has performed environmental soil tests on the Property. Based on the results of the test and or tests, the parties agree that the SCHOOL BOARD shall be fully responsible.for all costs associated :with the remedies, including but not limited to those 4 contained in the report. Costs shall include professional services, regulatory fees, reports, remedial work, storage, disposal, monitoring and any future costs of regulatory reporting and monitoring. Said Project, as referred to herein, shall not commence until the remedies specified in the SCHOOL DISTRICT’S Report have been fully and completely complied with to the sole satisfaction of the SCHOOL BOARD. Because the remedial work is a pre-condition to the SCHOOL BOARD’S commencement of the Project, the timelines for commencement and completion of the work shall be tolled pending the SCHOOL BOARD’S satisfaction of the provision of this section. A copy of the report, remedies and known costs is adopted and incorporated by reference as Exhibit D. ARTICLE 7: NOTICES Section 7.01 Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As to the SCHOOL BOARD: Director Maintenance and Plant Operations School District of Palm Beach County 3300 Summit Boulevard West Palm Beach, Florida 33406 As to the CITY: City Manager’s Office City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, FL 33410 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE Section 8.01 The CITY or SCHOOL BOARD may terminate this Interlocal Agreement upon written notice to either party for non-compliance by either party in the performance of any of the terms and conditions as set forth herein and where the party involved does not cure said non- compliance within ninety (90) days of receipt of written notice from the other party to do so. Further, if the CITY or SCHOOL BOARD does not cure said non-compliance within the time frame specified above, then upon written notice, the relevant party may require the other party to reimburse any funds provided pursuant to this Interlocal Agreement either in whole or in part once either party has reasonably determined that no other remedy is available. ARTICLE 9: REMEDIES Section 9.01 This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 5 ARTICLE 10: FILING Section 10.01 A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION Section 11.01 The SCHOOL BOARD and the CITY recognize their respective liability for certain tortuous acts of their agents, officers, employees and invitees, and agree to be responsible respectively for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees, to the extent and limits provided in Section 768.28, Florida Statutes, the State of Florida’s partial waiver of Sovereign Immunity; provided, however, that this provision shall not be construed as a waiver of any right or defense that the SCHOOL BOARD and the CITY have under said statute. Each party covenants, to self-insure its respective liability, throughout the term of the leasehold provided for herein, and/or to provide the Insurance as required by Article 12. ARTICLE 12: INSURANCE Section 12.01 Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the parties acknowledges to be self-insured for General Liability under Florida sovereign immunity statutes with coverage limits of $100,000 per person and $200,00 per occurrence; or such monetary waiver limits that may change and be set forth by the legislature. Section 12.02 The SCHOOL BOARD and CITY agrees to maintain or to be self-insured for Workers’ Compensation and Employer’s Liability insurance in accordance with Chapter 440, Florida Statutes. Section 12.03 The SCHOOL BOARD and CITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity statutes, which the parties agrees to recognize as acceptable for the above mentioned coverages. Section 12.04 Compliance with the foregoing requirements shall not relieve the parties of their liability and obligations under this Interlocal Agreement. ARTICLE 13: CAPTIONS Section 13.01 The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 14: SEVERABILITY Section 14.01 If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal..Agreement, or the application of such term. or provision,, to any person or 6 circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 15: ENTIRETY OF AGREEMENT Section 15.01 This Interlocal Agreement represents the entire understanding between the CITY and SCHOOL BOARD, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. CITY OF PALM BEACH GARDENS, FLORIDA THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA CITY COUNCIL By: By: Joseph Russo, Mayor Carol Gold, City Clerk Date Executed: WITNESSES: PRINT NAME PRINT NAME /_~ch~/~~airman By: (~h~%~nsonIPh; D., Super~tendent PRINT NAME REVIEWED AND APPROVED AS TO FORM City of Palm Beach Gardens Attomey ~FORM (_~SchOol Boar"d-’~ttorney 7 LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT.D EXHIBIT E Conceptual Site Plan Legal Description of Property Cost Estimate and Cost List Environmental Lease ¯ U 0 Ct 0 0 0 ¯ L A PORTION OF THE LILAC STREET WATER PLANT PROPERTY A parcel of land lying in the Southeast Qum’ter (SIS 1/4) Section 12, Township 42 South, Range 42 Hast, Pakn Beach County, Florida and being more particularly described as foUows: Bounded on the North by the South right-of-way line of the ¯Thompson River as described in Official Record Book 1179, at Page 259, Public l~.ecords of Palm Beaoh County, Pl~rtda; Bounded on the South by a line 1,260 feet North-of and parallel to the South line of said Section 12, Bounded on the East by the West right-el-way .line of State Road 9 (I-95); And bounded on thc West by the E~t line of the plat of C-olfer’s Village as shown in Plat book 28, at Page 83, Publio Records of Palm Beach County, Florida; LESS Alq’D EXCEFI"INO TH~RISFROM that part lying Westerly of the East line of the parcel de.sen’bed in Offidal Record Book 4432, at Page 239, Publio Reoords of Palm Beach County, Florida; And less right of way of Lilao Street, d~n’bcd in Official P.ecord Book 1174, Page Z54, Publio Records o[ Palm Beach County, Florida. DEPARTMENT OF PROGRAM MANAGEMENT TEL (56l| 688°7674 FAX (561) 688- 7606 MEMORANDUM THE SCHOOL DISTRICT PALM BEACH COUNTY FLORIDA 3300 SUMMIT BOULEVARD WEST PALM BEACH FLORIDA 33406 EXHIBIT C TO : THRU : FROM : DATE: Phyllis M. Gilbert, Real Property Manager, Real Estate Services John Bontempo, Senior Projects Administrator, Program Management .~~ October 26, 2001 RE:Palm Beac~ Gardens High School I City ofPalm Beach Gardens Joint-Use Recreational Field Improvements Project- Estimated Cost for Phase ! & Phase Ii items Per your request, find below the.revised estimated cost for selected-line items requested in conjuncSon with. the proposed joint-use ball field on Iqac Slmet in the City of Palm .Beach (~ardens. Rease note that these are pmlimlnaw cost estimates based on data from previous Palm Beach School District projects that are similar in scope. See also the attached July 2, 2001 memo on same subject from John Bontempo.. if.you have any questions or require additional.information please call me at (56i) 688-7674. Thank you. Phase I Item Drainage Structures - 4 in’ parking area, 2 adjacent to bag field. Drainag~ piping - 18, reinforced concrete pipe. Landscaping - notinduding ball field. Irrigation - entire site. Ball Field Fencing - 6’ high chain link in~Juding perimete¢ and backstop. Does not include site. Baseball Field - Regulation Sized High School, including dugouts, bleachers, foul ball poles, day pitcher’s mound, clay infield w/ extensions and premium grass. Ball Field Lighting - Musco SC-2 wl level 8 glare control mounted on 70’ concrete pole. (note #1) Parking Lot and Dd~es - compacted sub base, 8" limestone base and 1 ½" asphalL (no curbs) Parking Lot Lighting - 400W Metal Halide fixture mounted on concrete pole. (note #1) Quantity, 6 I,,4.00 LF. Site Site Unit Cost $1,800.00 $25.00/LF. $40,000.00 $40,000.00 $60.000.00 $450,000.00 $17,000:006 6,500 S.Y. 6 $17.50/S.Y. $3.ooo.oo Estimated Cost $10,800.00 $35,000.00 $40,000;00 ,$40,000.00 $60,000.00 $450,000.00 $102,000.00 $113,750.00 $18,000.00 Phase il Pedestrian Bddge - Steel & wood construction.1 . $60,000.00 $60,000.00 Notes: 1) Does not include an estimated $25,000.00 inFlorida Power & Ught se~ice charges. Attachment~ Pc :Bob Ottesea B~m/Present Projec~ Fde John Bontempo,~,M~ster File An Equal Education Opportunity ProvkJer and A/l~iTnat~ve Action Employer To: ~’rom: THE SCHOOL OISTR~ oF ~ eF~CH cou -~ ~o~o~ t4~o NORTH FLOF=~ M~NGO WEST P~/I BEAC~L FL 33409 MEMORABIDIJM Barry Present Director Real Estate Gregory P. Ramsey, ~ Environmental Specialist Environmental Control Office EXHIBIT D TWO PAGES Date:September 17, 2001 Re~City of Palm Beach CrardensfPalm Beach Gardens High School Adjacent Property- Addendum The test results from sampling the sludge pits at Seacoast Utilities Sludge Pits on E-i_!ac Street adjaeent to Palm Beach Gardens High School have shown elevated levels ofcon~ Th8 cost . for removal of this sludge and proper disposal is estimated at $60,000. This is h ball-park eg~imate and does not take in any considerations for drying the sludge. Actual costs can only be determined during the removal and disposal of the sludge from this site..- Sludge was also sampled from the bank of the clarifying pond. One of these samples showed an elevated level of Arsenic.. This level was three times the acceptable Residential Baek, g~undLevel. It would be in The District’s best interest to allow The City of Palm Beach Gardens to remediate this site prior to acquisition. If you have any concerns or questions please contact me at 684-5154 or PX# 45154. Attachment Edward tk Oppel, Chief of Facilities Robert Ottescn, Director/Program Management Alan Gilbert, Director/Building Dept. PAGE 1 of 2 olt c.n,; td~ Azoo~ AGREEMENT OF LEASE EXHIBIT E THIS LEASE made and entered into April 17, 2000, by and between the "CITY OF PALM BEACH GARDENS", a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "CITY" and "THE SCHOOL BOARD OF PALM BEACH COUNTY", organized and existing under the laws of the State of Florida, hereinafter referred to as "SCHOOL BOARD". WHEREAS, City and School Board have entered into that certain Interlocal Agreement of even date herewith relating to the use of certain real property located within the City of Palm Beach Gardens, and the development of such property by School Board (the "lnterlocal"); and WHEREAS, pursuant to the Interlocal, the parties have agreed that School Board shall lease such property from CITY and design, construct, operate and maintain a baseball athletic facility upon such property, in accordance with the terms of the Interlocal (the "Project"). WHEREAS, the Project will be of substantial benefit to the students of Palm Beach County; and WHEREAS, City and School Board desire to enter into a fifty (50) year Lease of such property for the purposes hereinafter described. NOW THEREFORE, in consideration of the rents, covenants and agreements hereinafter reserved and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. In consideration of the rents, covenants and agreements hereafter reserved and contained on the part of the School Board to be observed and performed, the City demises and leases to School Board, and School Board rents from City the approximately 7 acres of land legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"). Section 1.02 Length of Term and Commencement Date. This Lease shall be effective upon the Effective Date as defined hereinafter. The term of this Lease shall commence upon the approval date of the last of the parties’ governing Boards (the "Commencement Date"), and shall extend for a period of fifty (50) years thereafter "Term"), unless sooner terminated pursuant to the provisions of this Lease or the Interlocal. The term of this Lease may be modified or extended with the mutual consent of the parties’ governing Boards. Section 1.03 Interlocal Agreement. This Lease is made and entered into pursuant to the terms of the Interlocal, the terms, covenants, and conditions of which are incorporated herein by reference and made a part hereof. Any failure to fulfill the terms, covenants and conditions of the Intedocal Agreement shall constitute a default hereunder and any default under this Lease shall constitute a default under the Interlocal. In the event of a conflict between the terms of the Interlocal and this Lease, the Interlocal shall control. ARTICLE II RENT Section 2.01 Annual Rent. School Board shall pay City an annual net Rent of One ($1.00) Dollar (the "Annual Rent"), payable without notice on the Commencement Date and each subsequent anniversary thereof. Annual Rent shall be made payable to the City of Palm Beach Gardens and shall be delivered to Palm Beach Gardens in accordance with the notice previously set forth in the Interlocal. This Lease shall be what is commonly referred to as "triple net" to City, it being understood by the parties that City shall receive the rent payable hereunder free and clear of any and all impositions, taxes, liens, charges, and expense of any nature whatsoever relating to ownership or operation of the Premises, including without limitation those relating to taxes, if any, insurance, repair, maintenance, use, care or operation, except as may be specifically set forth in the provisions of this Lease or the Interlocal. Section 2.02 Assessments and Personal Property Taxes. School Board shall pay before delinquency all ad valorem taxes, assessments, whether general or special, and all other personal property taxes and assessments of any kind or nature which may be levied by any governmental authority against the Premises, and/or School Board’s personal property located on the Premises. In the event this Lease or School Board’s use of the Premises renders the Premises subject to ad valorem real property taxes or similar impositions imposed by any governmental entity, School Board shall be responsible for and shall pay the same before delinquency. Section 2.03 Additional Rent. Any and .all sums of money or charges required to be paid by School Board under this Lease other than Annual Rent shall be considered "Additional Rent," whether or not the same is specifically so designated and City shall have the same rights to enforce due and timely payment by School Board of all Additional Rent as are available to City with regards to Annual Rent. ARTICLE III CONDITION OF LEASED PREMISES, ALTERATIONS Section 3.01 Acceptance of Premises by City (Except as to Environmental Matters Set Forth in Article 6 of the Interlocal, and Article 3.04 Below), School Board certifies that School Board has inspected the Premises and accepts same "As Is", in its existing condition together with any defects, latent or patent, if any, subject to all matters of record. School Board further acknowledges that City has made no representations or warranties of any nature whatsoever regarding the Premises, including, without limitation, the physical condition of the Premises, any improvements or equipment located therein, or the suitability thereof for School Board’s intended use thereof. No repair work, alterations, or remodeling, of the.premises is required to be done by City as a condition of this Lease. Section 3.02 Construction of Project. School Board shall design and construct the Project at School Board’s sole cost and expense, in accordance with the requirements of this Lease, the Interlocal and the Conceptual Master Plan attached hereto as Exhibit "B". All of School Board’s construction and improvements shall be made and performed in a good and workmanlike manner and in full compliance with applicable building codes governing educational facilities and shall be diligently performed to completion. Section 3.03 Alterations. After completion of the Project and issuance of a certificate of completion therefore, School Board shall not make any improvements, additions, modifications or alterations to the Premises costing in excess of $25,000 (hereinafter collectively referred to as "Alterations"), without the prior written consent of City in each instance. School Board shall submit detailed plans and specifications for all such Alterations to City for City’s written approval prior to commencing work on same. School Board agrees and acknowledges that all work performed to the Premises, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit of School Board, and not for the benefit of City, such work being nevertheless subject to each and every provision of this Lease and the Interlocal. All work done by School Board shall be done in a good and workmanlike manner and shall be diligently prosecuted to completion strictly in accordance with the approved plans and specifications therefore. Upon giving its approval for any work or Alterations, City may specify whether the Alteration is to be removed by School Board at School Board’s sole cost and expense, upon the termination or expiration of this Lease. Section 3.04 Environmental Matters. Environmental matters shall be as set forth in Article 6 of the Interlocal. ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES Section 4.01 Use of Premises. School Board and the CITY shall use and occupy the Premises solely and exclusively for educational/athletic purposes specified in this Lease, and the Intedocal. School Board shall not use, permit, or suffer the use of the Premises for any other purpose whatsoever without the prior written consent of City, which consent may be granted or withheld in City’s sole discretion. Section 4.02 Waste or Nuisance. School Board shall not commit or suffer to be committed any waste upon the Premises, commit or permit the maintenance or commission of any nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which may affect City’s fee interest in the Premises or which results in an unsightly condition. All refuse is to be removed from the Premises at School Board’s sole cost and expense and School Board will keep such refuse in proper fireproof containers on the interior of the Premises until removed. School Board will keep the access to the Premises, the parking areas and other contiguous areas to the Premises free and clear of obstruction. Section 4.03 Governmental Regulations. School Board.shall, at. School.Board’s sole~ cost and expense, comply with all. ordinances, laws, statutes and regulations promulgated there under of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to School Board or its use of the Premises, or the Premises generally. School Board shall not use, maintain, store or dispose of any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents on the Premises or any adjacent land in any manner not permitted by law. School Board shall indemnify, defend and save CITY harmless from any and all penalties, fines, costs, expenses, suits, claims, or damages resulting from School Board’s failure to perform its obligations in this Section. Nothing contained herein shall be construed as a waiver of sovereign immunity or the statutory limits of liability set forth in Section 768.28, Florida Statutes. Section 4.04 Non-Discrimination. School Board shall assure and certify that it will comply with its policies and procedures as relates, to discrimination against any individual on the basis of their race, color, national origin, religion, ancestry, sex, age, marital status, sexual orientation or disability with respect to any activity occurring on the Premises or under this Agreement. Section 4.05 Surrender of Premises. Upon termination or expiration of this Lease, School Board shall, if so directed by City, remove, at its sole cost and expense, School Board’s personal property, removable fixtures, equipment and Alterations from the Premises, and shall surrender the Premises to the City in good condition and repair. Section 4.06 Concessions. School Board may sublease concession space on the Premises to youth league not for profit organizations for sale of food and/or merchandise. Any such sublease or license shall incorporate the terms of this Lease by reference and include the insurance requirements contained in the attached Exhibit "C" as the same may be amended from time to time by City in its reasonable discretion. School Board shall be entitled to retain the proceeds generated by such subleases. Such subleases shall not release School Board from any of its obligations under this Lease. Further, School Board shall comply with and School Board shall be obligated to ensure that such sub lessees comply with the terms of this Lease and all applicable federal, state, and county laws, rules, regulations and ordinances pertaining to the foregoing including, without limitation, the sale of retail goods, food and beverages and the collection and remittance of sales tax as applicable. Section 4.07 Special Events. School Board shall be entitled to grant short term licenses reserving the facilities for use by groups at School Board’s sole discretion and without consent or approval from or notice to City. Any such special events license shall incorporate the terms of this Lease by reference. School Board shall be entitled to retain the proceeds generated by such licenses. Such licenses shall not release School Board from any of its obligations under this Lease. Further, School Board shall be obligated to ensure that such licensees comply wit the terms of this Lease and all applicable federal, state, and county laws, rules and ordinances. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of City and School Board Except as req~!ir.ed in Section 5.03 below, City shall not be obligated or required to make or conduct any maintenance or repairs whatsoever to the Premises. School Board shall keep and maintain all 4 portions of the Premises, and all improvements and Alterations constructed on or about the Premises, in good condition and repair, at School Board’s sole cost and expense. Section 5.02 City’s Right to Inspect. City or City’s agents shall have the right, upon reasonable prior notice to School Board (except that no notice need be given in case of emergency) to enter the Premises for the purpose of inspection of the Premises and the improvements located thereon. Any such entrance into the Premises shall be conducted by City in a manner calculated to minimize ¯ interference with or disruption of School Board’s operations within the Premises. Section 5.03 City’s Obligations It is contemplated under the Intedocal that the City shall be permitted to utilize the project for community recreational purposes, and as otherwise set forth in and accordance with the terms and provisions therein. (City’s Use) At such time and in the event of City’s Use, City shall be obligated to repair, replace, and maintain the premises as good or equal condition as when it accepted the premises for City Use. City shall, at its own cost and expense dispose of garbage, trash, refuse, repair, replace, re-stripe, and/or remediate any conditions which altered the premises and/or project during City’s Use. In the event that City’s Use causes damage to the project and/or equipment, facilities, or other components, School Board shall be entitled to full and complete payment of the cost of damage from the City upon demand. In lieu of payment, the City shall be entitled to immediately repair and/or remediate such circumstance at its sole cost and expense to the reasonable satisfaction of the School Board. Section 5.04 Interlocal Agreement As a pre condition to the School Board’s obligation to commence the work described for the Project, City shall provide written assurance by way of City’s official action that a section of the roadway known as Lilac Street is and shall be closed to traffic during each and every school day and during all school sponsored events. Furthermore, City shall provide written assurance by way of City official action that it shall, at School Board’s sole cost and expense, install "road closure gates", which are permanently installed, and which shall remain locked in a closed position during all times set forth in this provision. Such gates shall be accessible by the School Principal and, upon request, the City Manager. City shall install the gates within thirty (30) days of School Board’s request. School Board shall be provided with appropriate written documentation as to the cost of the gates, for School Board’s reimbursement. ARTICLE Vl UTILITIES Section 6.01 School Board shall be solely responsible for all costs and expenses relating to providing utility service to the Premises and shall pay directly to the utility company or the provider of such service all charges and assessments for any utility services provided including, without limitation, water, sewer, gas, electricity, trash collection and removal or any other utility used or consumed on the Premises. ARTICLE VII INSURANCE Without waiving the right to sovereign immunity as provided by s.768.28 f.s., SCHOOL BOARD reserves: the:right to be self, insured .for General Liability and Automobile. Liability under Florida. ..... sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. SCHOOL BOARD agrees to maintain or to be self-insured for Worker’s Compensation & Employer’s Liability insurance in accordance with Florida Statute 440. SCHOOL BOARD agrees to maintain property insurance, which would include requiring its contractor to provide builder’s risk insurance, while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum. SCHOOL BOARD agrees to the extent financially feasible to require its contractor to endorse CITY an "Additional Insured" on the builder’s risk. When construction is completed, SCHOOL BOARD agrees to maintain all-risk property insurance for adequate limits of coverage on the building(s) and contents based on SCHOOL BOARD’S replacement cost calculation, or the highest probably maximum loss estimate for the perils of either fire, wind, or flood. SCHOOL BOARD agrees to be fully responsible for any deductible, uncovered loss, or self-insured retention. When requested, SCHOOL BOARD agrees to provide a statement of Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which CITY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve SCHOOL BOARD of its liability and obligations under this Agreement. SCHOOL BOARD agrees its self-insurance, general liability, automobile liability, and property insurance shall be primary as respects to any coverage afforded to or maintained by CITY. ARTICLE VIII INDEMNIFICATION SECTION 8.0t Indemnification by and between the parties shall be as set forth in the Interlocal. ARTICLE IX DESTRUCTION OF PREMISES Section 9.01 Damage or Destruction by Fire, War or Act of God. In the event the Premises shall be destroyed or damaged or injured by fire or other casualty during the Term of this Lease, School Board shall restore the Premises to the same or better condition then that which existed prior to such casualty. School Board shall commence such restoration within a reasonable time after such casualty but in no event later than one hundred and eighty (180) days of such casualty. School Board shall thereafter diligently pursue such restoration to completion in lieu of restoration, remediation, or repair, School Board may terminate this Lease. ARTICLE X ASSIGNMENT AND SUBLETTING Section 10.01 Consent Required. Except as otherwise provided herein regarding concessions and licenses, School Board may not assign, mortgage, pledge or encumber this Lease in whole or in part, nor sublet or rent all or any portion of the Premises nor grant any easements affecting the Premises, without prior written consent of City, which may be granted or withheld at City’s absolute discretion. This provision shall be construed to include a prohibition against any assignment, mortgage, pledge, encumbrance, or sublease, by operation of law, legal process, receivership, bankruptcy, or otherwise, whether voluntary or involuntary. ARTICLE Xl DEFAULT Section 11.01 Events of Default. The occurrence of any one or more of the following shall constitute an Event of Default by School Board under this Lease: (i) School Board’s default under the Interlocal; (ii) School Board’s failure to pay any sum due hereunder within thirty (30) days after the same shall become due; (iii) School Board’s failure to perform or observe any of the agreements, covenants or conditions contained in the Lease on School Board’s part to be performed or observed if such failure continues for more than sixty (60) days after notice from City unless the same is of such a nature that it can not reasonably be cured within such a time period, in which event School Board shall be entitled to a reasonable period under the circumstances; or (iv) School Board’s vacating or abandoning the Premises. If any Event of Default occurs, then at .any time thereafter while the Event of Default continues. City shall have the right to give School Board notice that City intends to terminate this Lease upon a specified date not less than thirty (30) days after the date notice is received by School Board, and this Lease shall then expire the date specified as if that date had been originally fixed as the expiration date of the Term of this Lease. If; however, the default is cured within the thirty (30) day period and the City is notified, this Lease will continue. ARTICLE Xll ANNUAL BUDGETARY FUNDING/CANCELLATION This Agreement and all obligations of School Board hereunder are subject to and contingent upon annual budgetary funding and appropriations by the Palm Beach County School Board. ARTICLE XlII QUIET ENJOYMENT Section 13.01 City’s Covenant. Upon payment by the School Board of the Rent and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on School Board’s part to be observed and performed. School Board shall peaceably and quietly hold and ¯ enjoy the Premises for the Term hereby demised without hindrance or interruption by City or any other person .or persons lawfully or equitably claiming by, through or under the City subject, nevertheless, to the terms and conditions of the Interlocal and this Lease. ARTICLE XIV MISCELLANEOUS Section 14.01 Entire Agreement This Lease, the Interlocal, and any Exhibits attached thereto, constitute all agreements, conditions and understandings between City and School Board concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease, and the Interlocal. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon City or School Board unless reduced to writing and signed by them. Section 14.02 Notices. Any consents, approvals and permissions by the City shall be effective and valid only if in writing, and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested, address: (a) If to the City at: City Manager City of Palm Beach Gardens City Hall: 10500 N. Military Trail Palm Beach Gardens, Florida 33410 With a copy to: City Attorney Watterson, Hyland & Klett, PA. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, Florida 33410 (b) If to the School Board: School District of Palm Beach County 3300 Forest Hill Blvd., Suite C323 West Palm Beach, Florida 33406 Attn: Director of Real Estate Services Either party hereto may change the address for service of notices required or permitted hereunder upon ten (10) days prior written notice. All notices given hereunder shall be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date as the postal authorities shall show the notice to have been delivered, refused, or undeliverable, as evidenced by the return receipt. ¯ Section 14.03 Severability. If any term of this Lease or the application thereof to any person or circumstances shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be. valid-andenforceable to the fullest extent permitted by law. Section 14.04 Broker’s Commission. Each of the parties represents and warrants to the other that they have not dealt with any real estate salesperson, agent, finder or broker in connection with this Lease. Section 14.05 Recording. School Board shall not record this Lease, or any memorandum or short form thereof, without the written consent and joinder of City, except to the extent that it is part of and as an exhibit to the Interlocal. Section 14.06 Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counter claims, brought by either of the parties hereto against the other, in connection with this Lease. Section 14.07 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County, Florida. Section 14.08 Radon. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from County’s public health unit. Section 14.09 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. Section 14.10 Waiver, Accord and Satisfaction. The waiver by City of any default of any term, condition or covenant herein contained shall not be a waiver of such term, condition or covenant, or any subsequent default of the same or any other term, condition or covenant herein contained. The consent or approval by City to or of any act by School Board requiring City consent or approval shall not be deemed to waive or render unnecessary County’s consent to or approval of any subsequent similar act by School Board. Section 14.11 Non-exclusivity of Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 14.12 Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 14.13. Incorporation by References. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. Section 14.14 Effective Date of Agreement. This Agreement is expressly contingent upon the approval of the Palm Beach School Board, and shall become effective only when signed by all parties. IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed on the day and year first above written. CITY OF PALM BEACH GARDENS, FLORIDA THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA CITY COUNCIL By:. By:. Joseph Russo, Mayor Carol Gold, City Clerk ~Date Executed: WITNESSES: PRINT NAME PRINT NAME ~/~ma~ ~f’ch~hairman A~hur Jo~ ~n~h. D., Superintendent Date Executed: PRINT NAME REVIEWED AND APPROVED AS TO FORM City of Palm Beach Gardens Attorney ~ED~FORM ( ~/Schoo~oard ~o~ey ]0 EXHIBIT A A PORTION OF T~tE LILAC STREET WATER PLANT PROPERTY A parcel of land tying in the Southeast Quarter (SE 1/4) Section 12, Township 42 South, Rauge 42 East, Palm Beach Couuty, Florida and being more particularly described as follows: Bounded ou the North by the South right-of-way line of the "Thompson River as described in Official Reeord Book 1179, at Page 259, Public ]Records of Paha Beach County, l~Iorida; Bounded on the South by a line 1,260 feet North-of and parallel to the South line of said Section 12, Bounded on the East by the West rlght-og-w-ay lizte of State t~oad 9 And bounded on the West by the East Hue of the plat of Golfer’s Village as shown in Plat book 28, at Page 83, Public ]Records o~ Palm Beach County, Florida; LESS AND EXCEPTING TI-I~RI$FROM that part lying Westerly o~ the East line of the parcel described in Official Record Book 4432, at Page 239, Public Records o[ Palm Beach County, Florida; And less right of way of Lilac Strcct, d~.seribed in Official P.ccord Book 1174, Page 254, Public" t~.ecords of Palm Beach" County, Florida. -~ EXHIBIT B 0 0 O_ ACORD . CERTIFICATE OF LIABILITY INSURANCE O1/lS/ZOOZ ~oouc=. (9543723-0939 Rtsk Management Associates $211 Nest gro~ard Bird, St#460 Plantation, FL 333Z¢ (954)?23-0942 Palm Beach Coun’~y S~hoo~ Board 3370 Forest Htl1 B]vd Nest Palm Beach, FL 33406 ~Ht8 CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT8 UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE OOE8 NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORO(NG COVERAGE School tHStr4ct of Palm Beach ~su~Re: Nattonal Union Ftra Ins. Co- tNSURER C: INSURER O: ff, lSURER F.: COVERAGES ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RF-~PECT TO WHICH THtS CERTIFICATE MAY BE ISSUED OR THE POLK~E$ OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MAY PERTNN, THE INSURANCE AFFORDED BY THE POLICIE~ DESCRIBED HEREIN 18 $UBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDtTIONS OF SUCHpOUQF.~. AGGREGATE UMIT~ SHOWN MAY HAVE BEEN REDUCED ~Y PA~D CLAIMS, FLA STATUTE 768.28 *$100,000 PER PERSON *$200,000 PER~RRENCI SELF ~NSUREO SEE REHARKS 07/01/200Z oT/oz/zooz oT/o]Jzooz 07/01/2002 ¯ zoo o~oo, 100 O00’ $ 1 000 00 $ The $chool 9|$trJct of Pa]~ Beach County ~s self |nsured unde~ the lsw~ of the State of F]ortda for the a~ove 14~ts fo~ full tort 11ab~14ty based on Flortds sovereign 4rm~Jntty l~mtts under F.S. 768.Z8 Excess bodtly tnJury and property damage 11ability Is 11mtted to legislative clat~ b111s .and claims subject to federal or out-of-state ~urtsdttttons. CER~FIGATEHOLDER ]’--"]’AomnOflALm~URlm;msUmmLe~e~ _ CANGELLA~ON C~ty of Palm Ba~ch Gardens Attn:3ack goughney cc: Phyllis G41bert@S61-434-$48Z 10500 N, MJlttary Trot1 Palm Beach Gardens, FL 33410 ACORD 20-8 (7/97) FAX: (561)799-4.111.OAcORO CO~0R~ON ~ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared" April 21, 2002 Meeting Date: May 2, 2002 Subject/Agenda Item: Consideration of Resolution 20, 2002, approving two agreements for the creation, delivery and installation of sculptures for the City’s Municipal Complex and authorizing the Mayor and City Clerk to execute said agreements. Recommendation" Approval of Resolution 20, 2002 Reviewed by: City Attorney Submitted by: City Attorney Approved_by: City Originating Dept: City Attorney Advertised: Date: Paper: [ X] Not Required Affected parties: [ ] Notified [ X] Not Required Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved []Approved with . conditions [ ] Denied [ ] Continued to: Attachments: Memorandum Resolution 2, 2002 Agreements M E M O R A N D U M WA-I-FERSON, HYLAND & KLE’I-I-, P.A. To: From: Subject: Date: CO: Hon. Mayor and City Council Leonard G. Rubin, City Attorney ~ Resolution 20, 2002 (Artist Agreements) April 21, 2002 Ron Ferris, City Manager The Municipal Complex Art Advisory Task Force ("Task Force") and Joel Straus, the City’s Art Consultant, have been coordinating the creation and installation of two sculptures for the City’s Municipal Complex. The City Council previously approved two agreements providing for the creation of schematic proposals by two artists, Costas Varotsos and Tim Prentice. The Task Force has reviewed the two proposals and has recommended that the City enter into formal agreements with the two artists for the creation, delivery and installation of the sculptures. The Task Force has presented the designs to the City Council. The following is a summary of the proposed agreements. Costas Varotsos Mr. Varotsos has designed a sculpture to be placed where the walkway into the City Hall plaza meets Military Trail. Under the terms of the agreement, the City will be paying Mr. Varotsos a fee equal to $75,000 (in three installments), in addition to reimbursing him for certain costs (including materials, foundation and installation costs) in an amount not exceed $90,500, for a total cost of $165,500. Please note that the contract amount does not include the cost of lighting the sculpture. Mr. Varotsos will be providing lighting plans and cost estimates to the City at the time he submits detailed plans and specifications. Tim Prentice Mr. Prentice has designed certain sculptural elements to be housed in the City Hall atrium, above the main lobby. Under the terms of the agreement, the City will be paying Mr. Prentice a total fee of $60,000 (in three installments). This fee includes the cost of all materials. Hon. Mayor and City Council April 21, 2002 Parle 2 Both agreements require certain warranties from the artist and place the risk of any loss on the artist until final acceptance by the City. Each artist must procure a life and disability insurance policy to reimburse the City for all amounts paid to the artist in the event of death or disability. While the artist retains all copyrights, the City is granted certain reproduction rights to be used for non-commercial purposes. These agreements presuppose the City Council’s approval of the schematic proposals submitted by the artists, which have already been presented. Should you have any questions relative to the foregoing, please do not hesitate to contact this office. P:\CPWin\HISTORY~020115A~446.8C(319.055)121 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 20, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING TWO AGREEMENTS FOR THE CREATION, DELIVERY AND INSTALLATION OF SCULPTURAL ELEMENTS FOR THE CITY’S MUNICIPAL COMPLEX AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, working in conjunction with Joel Straus Consulting, the City’s Art Consultant, the Municipal Complex Art Task Force ("Task Force") selected artists to create schematic proposals for the Municipal Complex; and WHEREAS, pursuant to an agreement previously approved by the City Council, Costas Varotsos and Tim Prentice created schematic proposals for consideration by the Task Force; and WHEREAS, the Task Force has reviewed and approved the schematic proposals and has recommended that the City enter into formal agreements with Costas Varotsos and Tim Prentice for the creation, delivery and installation of sculptural elements for the Municipal Complex; 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 execute Agreements with Costas Varotsos and Tim Prentice. 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 hereby approves the Agreements with Costas Varotsos and Tim Prentice for the creation, delivery and installation of sculptural elements for the City’s Municipal Complex, attached hereto as Exhibits "A" and "B" and incorporated herein by this reference. The Council further authorizes the Mayor and City Clerk to execute such Agreements on behalf of the City. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. -1- SECTION 4: 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 5: This Resolution shall become effective immediately upon adoption, RESOLVED, ADOPTED AND APPROVED TH IS__DAY OF ,2002. ATTEST: MAYOR ERIC JABLIN CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- AGREEMENT THIS AGRE EME NT is madeand entered, by and, between .the City of.. Palm Beach Gardens, .10500-North ’Military Trail, PalmBeach Gardens, ’FL 33410-("City"),and Tim Prentice., /129 .Lake Road, Cornwall, CT 06796 ("Artist,)for the design, fab.dcation, and installation ef~ Sculptural- Elements ("Sculpture’S)~ to. be. housed, in- the-. City Hall- atrium; loceted at 10500 NorthMilitary Trail within ~the City ("Site"). W t:F N.ES S-E.T. H:: WHEREAS, Artist co-mpleted the,SchematicProposat pursuant,to.theAgreement.for Schematic Proposal" effective September 13, 200T, a copy of which is attached hereto as Exhibit !’A’," and. WHEREAS, on December 1~7, 2001; the City’S MuniCiPalComplex ArtTask Force accepted the Schematic Proposal::of the; A~tist- on~ behalf.of: theCity; and- WHEREAS, the :parties wish to.enter into_this.Agreement.for the. Phase 2: D.esign Development Fabrication~ and. Phase 3: Shipping-. and Installation of.the Sc.ulpture. NOW,, THEREFORE, .in consideration of.the mutual ~epr.esentations.and obligations herein contained the parties agree, as follows: Article 1.. SCOPE OF PROJECT 1.1 Phase 2: Design Development. The Artist shall perform all services and furnish all supplies, .material and equipment as .necessary for .the .design, .execution, fabrication, transportation and installation of the Sculpture at the Site. -I Structural and Oesign .Review. -.On or .-before ..sixty .(60) days after.the execution of this Agreement, the Artist shallprepare and submitto the City for. review, detailed working, plans; specifications, and. drawings, of. the- Sculpture. The detaited working plans,- specifications, and drawings shall include instructions for the. appro.pdate maintenance and preservation of Sculpture. On. or before fourteen.. (t4)~ days after receipt of the detailed working plans, specifications, and drawings,theCity shall review same and advise the Artist in writing whether said plans, specifications, .and drawings are acceptable to’ the City as submitted. .If the detailed working ..plans, specifications, ~ and .drawings, .or ..any part thereof are not acceptable to the City, the City shall so advise the Artist in writing. Thereafter,. the Artist shall revise the detailed working, plans,. ..specifications, and drawings so as to meet the-criteria of the City, who, acting in good faith, shall promptly review the revised detailed documents. 1.2. .t .3 Artist ,shall also produce and submit .to .the City such additional -relevant information, graphic, non-graphic, and/or descd~ptive ofthe Scu!pture and/or the Site. asis reasonably requested, by the. City. 1.12 Execution of the Sculpture. After the City accepts and approves the detailed working plans, specifications, and drawings of the Sculpture. and.. Site, Artist shall furnish to the City in writing a proposed schedule for fabricating, .transporting,. and installing the Sculpture. T.he City shall advise Artist in writing if said proposed scheduleis acceptable within seven (7) days., after receiving the proposed schedule. If the proposed schedule is not acceptable to. the City, Artist and .the City shall discuss the City’s objection(s) to the proposed schedule, andthe proposed schedule shall be revised so that it is acceptable to the City. The City’s acceptance of the proposed schedule shall be in.writing and shall be made in.good faith. After written acceptance of the schedule by the City, the schedule may only be amended by written agreement between Artist and the. City. Upon receipt of the City’s written acceptance of the schedule for fabricating and installing the Sculpture, Artist shall, fabricate, transport, and. install the Sculpture pursuant to the agreed upon schedule and in conformity with the .plans, specifications,.and drawings that were accepted and approved by the City.. Artist shall not materially deviate from the plans, specifications, and drawings that were accepted and approved bythe City without the prior written authorization from the City. Dudng the fabrication of the Sculpture, the City and any representatives thereof shall have the right to inspect the Sculpture at reasonable times. Phase 3: Defivery and Installation. The Artist shall.notify the City in writing forty-five (45) days prior to the time the Sculpture is completed and is ready for delivery and installation at the Site. The City or one of its representatives, at the City’s discretion, shall, upon reasonable notice to theArtist, inspect.the Sculpture before .delivery.to theSite. Uponwritten acceptance.by the City, the Artist shall coordinate, deliver and install the Sculpture on the Site. The Artist is responsible for all connectionsto.theexisting structure or materials and any repairs.to the structure or exposed materials caused by the Artist dudng installation. The City shall be ~re, sponsible.for p[oviding all e.q~ipment nec~ ssary for.installation of the Sculpture, including, but not limited to, lifts and scaffolds. The City shall .be responsible for any additional ,lighting necessary for the proper display of the Sculpture Post-Installation. The Artist. shall-be available to attend any inauguration or presentation ceremonies relating to the Sculpture at the Site, provided such ceremony occurs no later than one (1) day after installation is complete. 1.4 Final Acceptance. Within seven (7) days after the Sculpture is installed at the Site, the City shall advise Artist in writing whether the Sculpture as installed is acceptable. "Final Acceptance" of the Sculpture by the City shall occur when the City advises Artist in writing that the Sculpture is acceptable. Title to the Sculpture shall pass from Artist to the City, subject to the provisions of Articles 6 and 7 herein, when the City notifies Artist that the Sculpture is acceptable. 1.5 The Ownership of Documents, Models. Upon written acceptance of the Sculpture by the City, the Artist shall grant to the City title tothe Schematic Proposal, models, drawings, digital images,, and video. ¯ Article 2: COMPENSATION AND PAYMENT SCHEDULE. 2.1 The payments to the Artist by the City shall be as follows: 2.2 Preliminary Design Proposal The City has paid the Artist an initial fee of $3,000 for Phase 1: Schematic Proposal. This initial fee may be retained by the Artist and no part of it shall be refunded. 2.3 Phase 2: Design Development. Upon written acceptance and approval by the City of the. detailed .plans, specificatioris, .and drawings, the City shall pay the Artist the sum of $20,000.00, less the- $3,000:00 previously paid; for a total of $1-7,000: 00:. All. payments areto be made within 30 days from receipt of invoice. 2,4 Execution ofthe Sculpture: The City shall pay Artist $30;000.00 after Artist has completed the fabrication of the Sculpture in conformity with the detailed plans, specifications, and drawings approved by the City, and the Sculpture is ready to transport to the Site for installation. 2~5 Phase 3: Shipment and .Installation. $10,000 when it advises Artist-~.that acceptable. The City shall pay Artist a final payment of the Sculpture as installed at the Site is 2.6 Taxes. Any and all taxes, including but not limited to, sales, use, or excise taxes, and any and all. similar charges relating to the. Sculpture .and. any services and- materials provided by Artist shall ’be paid by theArtist. 2:7 Artist’s Expenses: The Artist shall be- solely- responsible for the- payment- of expenses incurred in making, submissions to the Ci~, the costs of transporting, the .Sculpture to the. Site,. and .all .travel expenses .incurred.by the Artist-and.the .Artist’s agents and employees in performing the services required under this Agreement. Article 3. TIME OF PERFORMANCE. 3.1 Completion Date of the Sculpture. The Sculpture shall be delivered and installed no later than July 15, 2002. 3.2 Early Completion. of Artist Services. The.Artist shall, be sole|y responsible. .for . any and all transportation and storage costs resulting from the completion of his services hereunder prior to the time agreed upon for installation of the Sculpture. Article 4. WARRANTIES. 4.1 ¯ Warranties of Title. The Artist represents and warrants that: (a) the Sculpture solely the result of the artistic effort of the Artist; (b) the Sculpture is unique and original .and does not .infringe .upon any copyright; (c) that the Sculpture, or duplicate thereof; has not been accepted for sateelsewhere;-and (d)theSculpture- is free and Clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition. The Artist represents and warrants that: (a) the execution and fabrication of the Sculpture will be performed in a professional manner; (b) the Sculpture, as fabricated and installed will be free-of, defects .in material and workmanship, including any defects consisting of "inherent vice", qualities-which, cause or accelerate deterioration of the Sculpture, or gross negligence in the material structure or installation methods of the Sculpture; and (c) maintenance of the Sculpture will not require procedures other than those described in the detailed plans, specifications, and drawings that were accepted and approved ’by the City. Article 5. RISK OF LOSS, INSURANCE AND.INDEMNITY. 5.1 Risk of loss. The Risk of Loss or damage by any cause ~or any reason .to the Sculpture shall be borne by the Artist until Final Acceptance and the Artist shall take steps such as is necessary to protect the Sculpture from loss or damage until Final Acceptance. 5.2 Artist’s Life Insurance and Disability. From the date of this Agreement until final installation, the Artist .shall at his expense carry life and disability insurance in favor of the City (and deliver evidence of such coverage to the City) in such an amount shall be sufficient to reimburse the City for the actual amounts paid to the Artist from time to time prior to his death or disability. 5.3 The City’s Responsibility. The City’s acceptance of responsibility for the Sculpture shall occur concurrently with the City’s Final Acceptance of the Sculpture pursuant to Paragraph 1.4. Notwithstanding the foregoing, the City’s responsibility shall not -4- ¸5.4 Article 6.1 6.2 6.3 Article 7.1 7.2 .include that which .is warranted by the Artist .in .Paragraph 4.2 and shall not be deemed to be a waiver of the warranties provided therein. Artist indemn/ty. The Artist shag ’indemnify, protect, and save harmless .the City, and all of its respective members, agents, officials, and employees from and against all injuries, deaths, lossi damages, claims, patents claims, suits, judgements, costs and expenses, including attorney’s fees, which may in any way accrue against said entity or individuals relating to .the work to be .performed, or being .performed, pursuant to this Agreement, inctudinq installation of the, Sculpture. .6..REPRODUCTION ;RIGHTS. General. The Artist retains, all rights under the Copyright Act of 1976, 17 U.S.C. 1.01 et seq., and all other dghts in and to .the Sculpture .except ownership and possession andexcept as such rights are limitedby this Section 6.1. In view of the intention that the Sculpture in its final dimension shall be unique, the Artist shall, not .make any additional-exact duplicate, [three]- dimensional reproductionsof the final Sculpture, nor shall the Artist.grant permission to others to do so except with the .written permission, of the City. The Artist grants to the City and its assigns an irrevocable and royalty free license to make two,dimensional reproductions of the Sculpture for non-commercial purposes, including but not .limited to reproductions used in advertising, brochures, media publicityi and catalogues or other similar publications. Notice: All reproductions of the Sculpture by the City shall contain, a credit to the Artist and a copyright notice substantially in the following form: ©ART~ST NAME, date of publication. Credit to City. The Artist shall .use his best efforts .to give a .credit .reading substantially, ’~vork owned and commissioned by the City of Palm Beach Gardens," in any public showing under the Artist’Sr contro~ of reproductions of the Sculpture. 7.ARTIST’S RIGHTS. Identification. The Artist shall, at its expense, prepare and install at the Site, pursuant to the written instructions and prior written approval of the City, a plaque identifying the Artist, the title of the Sculpture andthe year of completion,. Maintenance. The .City recognizes.that.maintenance of the Sculpture on ia .regular basis is essential to the integrity of the Sculpture: The Cityshallreasonably assure that the Sculpture is properly maintained and protected, as specified in the detailed working plans, specifications, and drawings accepted and approved by the City. The Artist represents that the Sculpture has been designed; fabricated; and -5- 7.3 7.¸4 7.5 7~ installedto accommodate the routine annualcost of the Maintenance as setforthin the detailed working plans, specifications and drawings. Repairs and Restoration. 7.3.1 The City shall; have the right, to determine, after consultation with a professional conservator, when and if repairs and restorations to the Sculpture will .be made. During the Artist,s lifetime and competency, the Artist shall have the right to approve all repairs and restorations, providedi however, that the Artist shall not unreasonably withhold approval for any .repair or restoration of the Sculpture. -If the Artist .unreasonably fails .to approve any repair or restoration of the Sculpture, the City shall have the right to make such repair or restoration. To the extent practical, the Artist, during the Artist’s lifetime and competence, shaltbe given the opportunityto make or personally supervise significantrepairs and restorations and shall be paid a reasonable fee for any such- services, provided, that the City and the Artist shall agree in writing, .pdor .to .the commencement .of any significant repairs or restorations, upon the Artist’s fee for such services. 7.3.2 All repairs and restorations ~shall be made in accordance with recognized principles of conservation. 7.3:3 ’If work is required due to breach of warranties by the Artist, the Artist shall correct same, at .his expense. Permanent Record. The City shall maintain on permanent file a. record of this Agreement and of.the location :and disposition ofthe Sculpture. Artist’s Address. The Artist shall notify the City of changes in. his address. The failure ,to do so, if such .failure prevents the City.from locating the .Artist, shall be deemed to be a waiver by the .Artist of the right subsequently to enforce those provisions in this Agreement that require the express approval, of the Artist. Notwithstandingthis provision,,theCityshallmake every reasonable effort to locate the Artist when matters arise relating to the Artist’s rights. Surviving Covenants. The covenants and obligations setforth in this Article 7 shall be binding upo~n and inure .to.the benefit of the parties, their :heirs, :legatees., executors, administrators, assigns, transferees, and-all,their successors, in. interest; and the City’s obligations attach and run with the Sculpture and shall be binding to and until five (5) years after the death of .the .Artist. ~ However, 1the .obligations imposed upon the City by Section 7.3.1. shall terminate on the death or incompetence of the Artist. The City shall give any subsequent owner of the Sculpture .notice ,in .writing of .the covenants herein, .and shall cause .each such owner to be bound thereby. -6- Article 8.ARTIST AS ,INDEPENDENT CONTRACTOR. 8.1¯The.Artist shall perform, all work under this Agreement as an independent contractor and not asan agent oran ¯employee of the City and shall indemnify andhold the City, and all of its respective members, agents, officers, and employees harmless from any loss, damage, and expenses, including attorney’s fees, arising fromany claim by any person or entity that the Artist did not act as an Independent Contractor. Article 9.ASSIGNMENT, TRANSFER, SUBCONTRACTING. 9.1 Assignment or Transfer of Interest. Neither the City nor the Artist shall assign or transfer, an interest, in. this Agreement without the prior written consentofthe other.. Article ,I0. TERMINATION. 10.1 If either party to this Agreement shall fail to fulfill in a timely and proper manner, or otherwise violate, .any of the covenants, .agreements or stipulations of .this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate, specifying the grounds for termination. The,defaulting party shall.have thirty.(30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. 10.2 in the event of default by the City, the City shall promptly compensate the Artist for services performed bythe Artist prior to termination, lnthe event the City questions the reasonableness of the cost of services performed, ’Mr. Joel Straus (J.S. Consulting, 1404 West Thorndale, Chicago, IL 60660) will determine "reasonable costs" which shall be paid. 10.3 ¯ In. the event of default by.the.Artist, all finished and. unfinished .drawings, sketches, photographs, and other work products’ prepared" and submitted, or prepared for submission by the Artist under this Agreement shall at the City’s option become its property provided that no dght to fabricate or.execute, the. Sculpture shall pass ~to the City. The Artist shall not be relieved of liability to theCityfor damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may. ¯ reasonably withhold, payments-to the Artist until .such time the.exact amount of such damages due the City from the Artist is determined. .Article 1 t. .CONTRACT ADMINISTRATOR. 1.1.1 The Contract Administrator for this Agreement shall be the City Manager. Wherever this Agreement requires any notice to be given to orby the City, or any -7- determination or action to be made by the. City, the City Manager shall represent and act for the City. Article t2. COMPLIANCE. 12.1-The Artist shall, be required to- comply with Federal~ State and.City law~ statutes~ ordinances and regulations applicable tothe performance of theArtist’s obligation .under .this. Agreement. Article 13.~EN~RE AGREEMENT - AGREEMENT WITHTHE CITY. 13:1 This.writing embodies theentire agreement and understanding between the parties hereto, and there are no other agreements and understandings,.oral or wdtten, with m[er.ence to the.subject matter hereof that are not ,merged..her.ein .and superseded hereby. Article 14. MODIFICATION. 1.4.1.No alteration, change or modification of the terms of this.Agreement shall be valid unless.made ~in.writing and signed by all parties heretoand approved by appropriate -action of the City. Article 15. WAIVER. - .15.1 :No waiver.of performance by either party shall be construed as or-operate as .a waiver .of any subsequent default ofany terms, covenants or conditions ofthis Agreement, The- payment~ or acceptance, of fees. for any- period after a default shall~- not:be-deemed ~a waiver~of any right or acceptance of defective .performance. Article 1:6. GOVERNING LAW:. _-16. t This Agreement, ;regardless .of where ~xeggted-or;Perf0rmed, shall be =go~med :by and- construed in accordance with-the-substantive, laws. of the-State-of Florida:. ,Article 17.HEIRS AND.ASSIGNS. 17.1 This Agreement shall be binding upon- and. shall, inure to. the benefit of the City and- .the .Artist and their .respective heirs, .personal ~representatives, successors-and permitted assigns. Article t8. -ARBI~FRA~tON. All:, disputes: or controversies- that. may arise; between;..the, partiesowith:,respect to:the performance,-obligations "rOt rights of the parties under this Agreement shallbe set{led by :binding arbitration .to :be .held :in. :Palm Beach .County, :Florida, :in accordance .with ,the then-current Rules .ofCommemial A~itration of-the American Arbitration Association. t8.2 ~e.dispute ’shall be ~referredto-a panel ,ofthree .arbitrators, oneto be selected .by the Artist, one to be selected .by the City and the thirdto-be selected by the first .two. If an agreement on the third- arbitrator cannot., be reached; within thirty (30) .days .... ’~afferthe-appointment ofthesecondarbitrator;suCharbitratorshallbe appointedby Joel Straus. 1-8:3 The decision and. award o-f the arbitrators, or that 0t~ any two Of ¯them, Shall be final and_binding ¯ on. ~the~ parties, ~ and .:judgment ~may ~be .entered .. ~upon .:it ..in ~any ,..court having jurisdiction thereof~ ¯ .~Article t9. ~NOT~ICES. 19.1 All-notices, requests, demands and other-communications which are required .or permitted to be given¯under this Agreement shall be in writing and shall be deemed to ¯have been duly given upon the delivery, if delivered personally,, or if sent¯ US Postal Service by ¯placing -into a US Postal Service Depository. and sent ~by registered or certified mail, return receipt requested, ipostage prepaid as follows: If. to .the. City: City of Palm-Beach Gardens. 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: Ronald Ferris, City Manager Copy to: Leonard G. Rubin, City Attorney Watterson, Hyland & Ktett, :P.A. 4100 RCA Boulevard~ Suite.100. ¯ Palm Beach. Gardens,. Florida 33410 iftothe-Artist: Tim Prentice 129 Lake Road Cornwall, Connecticut 06796 1N WITNESS WHEREOF, the parties have executed this Agreement on thedates indicatedbelow. Attest: CITY OF PALM BEACH.GARDENS, a Ft..orida rnunicipal corporation By: Date: Mayor Carol Gold, CityClerk Approved as to Form: Leonard G. Rubin, City Attorney Witnessed by: Tim Prentice ~Date: - P:\CPWin~HISTORY~020t 31A~43F;E1(319~062)lgr-doc192 AGREEMENT THIS AGREEMENT is made and entered by and between the City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, FL 33410 ("City") and Costas Varotsos, c/o C. Grimaldis Gallery, 523 North Charles Street, Baltimore, MD 21201 ("Artist") for the design, fabrication, and installation of outdoor Sculptural Elements ("Sculpture") to be housed on City Hall grounds, located at 10500 North Military Trail within the City ("Site"). WIT N E S SET H: WHEREAS, Artist completed the Schematic Proposal pursuant to the Agreement for Schematic Proposal effective September 13, 2001, a copy of which is attached hereto as Exhibit "A;" and WHEREAS, on December 17, 2001, the City’s Municipal Complex Art Task Force accepted the Schematic Proposal of the Artist on behalf of the City; and WHEREAS, the parties wish to enter into this Agreement for the Phase 2: Design Development Fabrication, and Phase 3: Shipping and Installation of the Sculpture. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained the parties agree as follows: Article 1. SCOPE OF PROJECT 1.1 Phase 2: Design Development. The Artist shall perform all services and furnish all supplies, material and equipment as necessary for the design, execution, fabrication, transportation and installation of the Sculpture at the Site. 1.1.1 Structural and Design Review. On or before sixty (60) days after the execution of the Agreement, the Artist shall prepare and submit to the City for review Construction Documents, which shall include a site plan that ¯ complies with all required setbacks and other City code requirements (CD), in addition to detailed specifications and drawings of the Sculpture, including the foundation, by a structural engineer licensed in the State of Florida. The detailed working plans, specifications, and drawings shall include a demolition plan detailing any changes to the current landscape plan. Artist shall include in the design any lighting plans or specifications (e.g., fiber optics), including a cost estimate for the lighting plans. Instructions for the appropriate maintenance and preservation of Sculpture shall be submitted with the Construction Documents. On or before fourteen (14) days after receipt of the CD, the City shall review the working plans, specifications, and drawings of the Sculpture and advise the Artist in writing whether said plans, -1- specifications, and drawings, including the lighting plans and the cost thereof, are acceptable to the City as submitted. If the Construction Documents, specifications, and drawings, or any part thereof are not acceptable to the City, the City shall so advise the Artist in writing. Thereafter, the Artist shall revise the detailed working plans, specifications, and drawings so as to meet the criteria of the City, who, acting in good faith, shall promptly review the revised detailed documents. Artist shall also produce and submit to the City such additional relevant information, graphic, non-graphic, and/or descriptive of the Sculpture and/or the Site as is reasonably requested by the City. 1.1.2 Execution of the Sculpture. After the City accepts and approves the detailed Construction Documents, specifications, and drawings of the Sculpture and Site, Artist shall furnish to the City in writing a proposed schedule for fabricating, transporting, and installing the Sculpture. The City shall advise Artist in writing if said proposed schedule is acceptable within seven (7) days after receiving the proposed schedule. If the proposed schedule is not acceptable to the City, Artist and the City shall discuss the City’s objection(s) to the proposed schedule, and the proposed schedule shall be revised so that it is acceptable to the City. The City’s acceptance of the proposed schedule shall be in writing and shall be made in good faith. After written acceptance of the schedule by the City, the schedule may only be amended by written agreement between Artist and the City. Upon receipt of the City’s written acceptance of the schedule for fabricating the Sculpture, Artist shall fabricate the Sculpture pursuant to the agreed upon schedule and in conformity with the plans, specifications, and drawings that were accepted and approved by the City. Artist shall not materially deviate from the plans, specifications, and drawings that were accepted and approved by the City without the prior written authorization from the City. During the fabrication of the Sculpture, the City and any representatives thereof shall have the right to inspect the Sculpture at reasonable times. 1.2 Phase 3: Defivery and Installation. The Artist shall notify the City in writing forty-five (45) days prior to the time the Sculpture is completed and is ready for delivery and installation at the Site. The City or one of its representatives, at the City’s discretion, shall upon reasonable notice to the Artist inspect the Sculpture before delivery to the Site. Upon written acceptance by the City, the Artist shall coordinate, deliver and install the Sculpture on site, including the construction of the foundation for the Sculpture. -2- 1.3 Post-Installation. The Artist shall be available upon reasonable notice, at such time or times as may be agreed upon by the City and Artist to attend any inauguration or presentation ceremonies relating to the Sculpture at the Site, not to exceed two (2) days. 1.4 FinalAcceptance. Within seven (7) days after the Sculpture is installed at the Site, the City shall advise Artist in writing whether the Sculpture as installed is acceptable. "Final Acceptance" of the Sculpture by the City shall occur when the City advises Artist in writing that the Sculpture is acceptable. Title to the Sculpture shall pass from Artist to the City, subject to the provisions of Articles 6 and 7 herein, when the City notifies Artist that the Sculpture is acceptable. 1.5 The Ownership of Documents, Models. Upon Final Acceptance of the Sculpture by the City, the Artist shall grant to the City title to the Schematic Proposal, models, drawings, digital images, and video. Article 2. COMPENSATION AND PAYMENT SCHEDULE. 2.1 The City shall pay to Artist a fee in the amount of $75,000, inclusive of any gallery commission. This Artist fee shall be payable as follows: 2.1.1 Preliminary Design Proposal. The City has paid the Artist an initial fee of $3,000 for Phase 1: Schematic Proposal. This initial fee may be retained by the Artist and no part of it shall be refunded. 2.1.2 Phase 2: Design Development. Upon written acceptance and approval by the City of the detailed plans, specifications, and drawings, the City shall pay the Artist the sum of $25,000.00, less the $3,000.00 previously paid, for a total of $22,000.00. All payments are to be made within 30 days from receipt of invoice. 2.1.3 Execution of the Sculpture. The City shall pay Artist $25,000.00 after Artist has completed the fabrication of the Sculpture in conformity with the detailed plans, specifications, and drawings approved by the City, and the Sculpture is ready to transport to the Site for installation. 2.1.4 Phase 3: Shipment and Installation. The City shall pay Artist a final payment of $25,000 when it advises Artist that the Sculpture as installed at the Site is acceptable. 2.2 The City shall reimburse Artist for all costs incurred in Design Development, Execution, and Delivery and Installation in a total amount not to exceed $90,500 (excluding the cost of lighting the Sculpture as provided in section 2.2.4). -3- 2.3 2.4 2.5 Article 3.1 2.2.1 Reimbursable costs shall include the cost of materials (glass, steel and paint), in addition to engineering fees, the cost of constructing the foundation, and the cost of installation. 2.2.2 Artist shall obtain at least two documented bids for all reimbursable costs. The City may waive this requirement if Artist can demonstrate that the necessary materials or services are only available from a sole source. 2.2.3 The City shall reimburse Artist for the costs outlined in this section upon submission of detailed invoices substantiating such costs, along with written documentation that Artist received more than one bid, unless such requirement has been waived bythe City. Such requests for reimbursement shall be submitted with invoices for payment of the Artists fee as detailed in section 2.1 above. Notwithstanding the foregoing, the City shall pay Artist the sum of $30,000 toward his reimbursable costs upon approval of the Construction Documents and the detailed plans, specifications and drawings. 2.2.4 The cost of light the Sculpture shall be considered a reimbursable cost, but is not included in the maximum cost figure set forth in section 2.2. All lighting costs shall be reviewed and accepted by the City as provided in section 1.1.1. Once agreed upon by the City and the Artist, lighting costs shall be treated in the same manner as all other reimbursable costs. Taxes. Any and all taxes, including but not limited to, sales, use, or excise taxes, and any and all similar charges relating to the Sculpture and any services and materials provided by Artist shall be paid by the Artist. The City, being a tax-exempt entity, shall not pay any sales tax incurred by the Artist. Artist’s Expenses. The Artist shall be solely responsible for the payment of expenses incurred in making submissions to the City and all travel expenses incurred by the Artist and the Artist’s agents and employees in performing the services required under this Agreement. Artist’s Agent. C. Grimaldis Gallery shall act as Agent for the Artist with respect to all payments made by the City. Payment to the Artist’s agent shall be considered payment to the Artist pursuant to the terms of this Agreement. 3.TIME OF PERFORMANCE. Early Completion of Artist Sen~ices. The Artist shall be solely responsible for any and all transportation and storage costs resulting from the completion of his services hereunder prior to the time agreed upon for installation of the Sculpture. -4- Article 4. WARRANTIES. 4.1 Warranties of Title. The Artist represents and warrants that: (a) the Sculpture solely the result of the artistic effort of the Artist; (b) the Sculpture is unique and original and does not infringe upon any patents or copyrights; (c) that the Sculpture, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Sculpture is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition. The Artist represents and warrants that: (a) the execution and fabrication of the Sculpture will be performed in a professional manner; (b) the Sculpture, as fabricated and installed will be free of defects material and workmanship, including any defects consisting of "inherent vice", qualities which cause or accelerate deterioration of the Sculpture, or gross negligence in the material structure or installation methods of the Sculpture; and (c) maintenance of the Sculpture will not require procedures other than those described in the detailed plans, specifications, and drawings that were accepted and approved by the City. Article 5. RISK OF LOSS, INSURANCE AND INDEMNITY. 5.1 Risk of loss. The Risk of Loss or damage by any cause or any reason to the Sculpture shall be borne by the Artist until Final Acceptance and the Artist shall take steps such as is necessary to protect the Sculpture from loss or damage until Final Acceptance. 5.2 Artist’s Life Insurance and Disability. From the date of this Agreement until final installation, the Artist shall at his expense carry life and disability insurance in favor of the City (and deliver evidence of such coverage to the City) in such an amount as shall be sufficient to reimburse the City for the actual amounts paid to the Artist from time to time prior to his death or disability. 5.3 The City’s Responsibility. The City’s acceptance of responsibility for the Sculpture shall occur concurrently with the City’s Final Acceptance of the Sculpture pursuant to Paragraph 1.4. Notwithstanding the foregoing, the City’s responsibility shall not include that which is warranted by the Artist in Paragraph 4.2 and shall not be deemed to be a waiver of the warranties provided therein. 5.4 Artist Indemnity. The Artist shall indemnify, protect, and save harmless the City, and all of its respective members, agents, officials, and employees from and against all injuries, deaths, loss, damages, claims, patents claims, suits, judgments, costs and expenses, including attorney’s fees, which may in any way accrue against said entity or individuals, including any damage to property or buildings, relating to the work to be performed, or being performed, pursuant to this Agreement. -5- 6.2 6.3 Article 7.1 7.2 7.3 6.REPRODUCTION RIGHTS. General. The Artist retains all rights under the U.S. Copyright Act, 17 U.S.C. 101 et seq., as amended, and all other rights in and to the Sculpture except ownership and possession and except as such rights are limited by this Section 6.1. In view of the intention that the Sculpture in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, [three]- dimensional reproductions of the final Sculpture, nor shall the Artist grant permission to others to do so except with the written permission of the City. The Artist grants to the City and its assigns an irrevocable and royalty free license to make two-dimensional reproductions of the Sculpture for non-commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications. Notice. All reproductions of the Sculpture by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: © ARTIST NAME, date of publication. Credit to City. The Artist shall use his best efforts to give a credit reading substantially, "work owned and commissioned by the City of Palm Beach Gardens," in any public showing under the Artist’s control of reproductions of the Sculpture. 7.ARTIST’S RIGHTS. Identification. The Artist shall, at its expense, prepare and install at the Site, pursuant to the written instructions and prior written approval of the City, a plaque identifying the Artist, the title of the Sculpture and the year of completion. Maintenance. The City recognizes that maintenance of the Sculpture on a regular basis is essential to the integrity of the Sculpture. The City shall reasonably assure that the Sculpture is properly maintained and protected as specified in the detailed working plans, specifications, and drawings accepted and approved by the City. The Artist represents that the Sculpture has been designed, fabricated, and installed to accommodate the routine annual cost of the Maintenance as set forth in the detailed working plans, specifications and drawings. Repairs and Restoration. 7.3.1 The City shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Sculpture will be made. During the Artist’s lifetime and competency, the Artist shall have the right to approve all repairs and restorations, provided, however, that the Artist shall not unreasonably withhold approval for any repair or restoration of the Sculpture. If the Artist unreasonably fails to -6- approve any repair or restoration of the Sculpture, the City shall have the right to make such repair or restoration. At the City’s discretion and to the extent practical, the Artist, during the Artist’s lifetime and competence, shall be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist shall agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist’s fee for such services. 7.3.2 All repairs and restorations shall be made in accordance with recognized principles of conservation. 7.3.3 If work is required due to breach of warranties by the Artist, the Artist shall correct same, at his expense. 7.4 Permanent Record. The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Sculpture. 7.5 Artist’s Address. The Artist shall notify the City of changes in his address. The failure to do so, if such failure prevents the City from locating the Artist, shall be deemed to be a waiver by the Artist of the right subsequently to enforce those provisions in this Agreement that require the express approval of the Artist. Notwithstanding this provision, the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist’s rights. 7.6 Surviving Covenants. The covenants and obligations set forth in this Article 7 shall be binding upon and inure to the benefit of the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City’s obligations attach and run with the Sculpture and shall be binding to and until five (5) years after the death of the Artist. However, the obligations imposed upon the City by Section 7.3.1 shall terminate on the death or incompetence of the Artist. The City shall give any subsequent owner of the Sculpture notice in writing of the covenants herein, and shall cause each such owner to be bound thereby. Article 8. ARTIST AS INDEPENDENT CONTRACTOR. 8.1 The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the City and shall indemnify and hold the City, and all of its respective members, agents, officers, and employees harmless from any loss, damage, and expenses, including attorney’s fees, arising from any claim by any person or entity that the Artist did not act as an Independent Contractor. -7- Article 9. ASSIGNMENT, TRANSFER, SUBCONTRACTING. 9.1 Assignment or Transfer of Interest. Neither the City nor the Artist shall assign or transfer an interest in this Agreement without the prior written consent of the other. Article 10. TERMINATION. 10.1 If either party to this Agreement shall fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations of this Agreement, the other party shall thereupon have the. right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate, specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. 10.2 In the event of default by the City, the City shall promptly compensate the Artist for services performed by the Artist prior to termination. In the event the City questions the reasonableness of the cost of services performed, Mr. Joel Straus (J.S. Consulting, 1404 West Thorndale, Chicago, IL 60660) will determine "reasonable costs" which shall be paid. 10.3 In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall at the City’s option become its property provided that no right to fabricate or execute the Sculpture shall pass to the City. The Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may reasonably withhold payments to the Artist until such time the exact amount of such damages due the City from the Artist is determined. Article 11. CONTRACT ADMINISTRATOR. 11.1 The Contract Administrator for this Agreement shall be the City Manager. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Manager shall represent and act for the City. Article 12. COMPLIANCE. 12.1 The Artist shall be required to comply with Federal, State and City law, statutes, ordinances and regulations applicable to the performance of the Artist’s obligation under this Agreement. -8- Article 13.1 Article 14.1 Article 15.1 Article 16.1 Article 17.1 Article 18.1 18.2 13.ENTIRE AGREEMENT - AGREEMENT WITH THE CITY. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 14.MODIFICATION. No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by all parties hereto and approved by appropriate action of the City. 15.WAIVER. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants or conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 16.GOVERNING LAW. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the substantive laws of the State of Florida. 17.HEIRS AND ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective heirs, personal representatives, successors and permitted assigns. 18.ARBITRATION. All disputes or controversies that may arise between the parties with respect to the performance, obligations or rights of the parties under this Agreement shall be settled by binding arbitration to be held in Palm Beach County, Florida, in accordance with the then current Rules of Commercial Arbitration of the American Arbitration Association. The dispute shall be referred to a panel of three arbitrators, one to be selected by the Artist, one to be selected by the City and the third to be selected by the first two. If an agreement on the third arbitrator cannot be reached within thirty (30) days after the appointment of the second arbitrator, such arbitrator shall be appointed by Joel Straus. -9- 18.3 The decision and award of the arbitrators, or that of any two of them, shall be final and binding on the parties, and judgment may be entered upon it in any court having jurisdiction thereof. Article 19. NOTICES. 19.1 All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery, if delivered personally, or if sent US Postal Service by placing into a US Postal Service Depository and sent by registered or certified mail, return receipt requested, postage prepaid as follows: If to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: Ronald Ferris, City Manager Copy to: Leonard G. Rubin, City Attorney Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, Florida 33410 If to the Artist: Costas Varotsos Koritsas 42 Athens 17455 GREECE Copy to: Artist’s Agent C. Grimaldis Gallery 523 N. Charles Street Baltimore, Maryland 21201 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. [Remainder of page intentionally left blank - signatures on next page] -10- Attest: Carol Gold, City Clerk Approved as to Form: Leonard G. Rubin, City Attorney Witnessed by: P:\CPWin\HISTORY~020115A\43F.DC(319.062)lgr-doc192 CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Eric Jablin, Mayor Date: ARTIST: Costas Varotsos Date: -11- CITY OF PALM BEACH GARDENS PALM BEACH CO UNTY, FLORIDA PROCLAMATION WHEREAS, the freedom and security that United States Citizens enjoy today are results of the vigilant commitment of the United States Armed Forces in preserving freedom and security; and WHEREAS, it is appropriate to promote national awareness of the sacrifices that members of the United States Armed Forces have made in the past and continue to make every day in order to support the Constitution and to preserve the freedoms and liberties that enrich the Nation; and WHEREAS, it is important to preserve and foster the honor and respect that the United States Armed Forces deserve for vital service on behalf of the United States; and WHEREAS, it is appropriate to emphasize the importance of the United States Armed Forces to all persons in the United States; and WHEREAS, it is important to instill in the youth in the United States the significance of the contributions that members of the United States Armed Forces have made in securing and protecting the freedoms that United States citizens enjoy today; and WHEREAS, it is appropriate to underscore the vital support and encouragement that families of members of the United States Armed Forces lend to the strength and commitment of those members; and WHEREAS, it is important to inspire greater love for the United States and encourage greater support for the role of the United States Armed Forces in maintaining the superiority of the United States as a nation and in contributing to world peace; and .~ WHEREAS, it is appropriate to recognize the importance of maintaining a strong, equipped, well-educated, well-training military for the United States to safeguard f~.eedoms, humanitarianism, and peacekeeping efforts around the world; and WHEREAS, it is important to give greater recognition for the dedication and sacrifices that individuals who serve the United States Armed Forces have made and continue to make on behalf of the United States; and WHEREAS, it is appropriate to display the proper honor and pride United States citizens feel towards members of the United States Armed Forces for their service; and WHEREAS, it is important to reflect upon the sacrifices made by members of the United States Armed Forces and to show appreciation for such service; and WHEREAS, it is appropriate to recognize, honor, and encourage the dedication and commitment of members of the United States Armed Forces in serving the United States; and WHEREAS, it is important to acknowledge the contributions of the many individuals who have served in the United States Armed Forces since inception of the Armed Forces. NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of May 2002, as "National Military Appreciation Month" in the City of Palm Beach Gardens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 2nd Day of May, in the year Two Thousand and two. MAYOR A~EST. BLANE KA UTHEN INTERIM CITY CLERK CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDh PROCLAMATION WHEREAS, The Congress and President of the United States have designated May 15 as Peace Officers’ Memorial Day, and the week in which May 15 falls as National Police week; and I’IrHEREAS, the members of the law enforcement agency of the City of Palm Beach Gardens play an essential rble in safeguarding the rights and freedoms of the City of Palm Beach Gardens; and ttrHEREAS, it is im~ portant that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WttEREAS, the men and women of the law enforcement agency of the City of Palm Beach Gardens unceasing!y provide a vital public service; and NOI,V~ THEREFORE, I, Eric dablin, Mayor of the City of Palm Beach Gardens, Florida, call upon all c~t~.zens of the City of Palm Beach Gardens and upon all patriotic, civic and educational organizations to observe the week of May 13th, 2002, as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicate~ service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. I further call upon all citizons of the City of Palm Beach Gardens to observe Wednesday, May 15th, as Peace Officers’ Memorial Day in honor of those law enforcement officers who, through ’their courageous deeds, have made the ultimate sacrifice in service to their community or hdve become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 2nd Day of May, in the year Two Thousand and two. ATTEST: MAYOR BLANE KA UTHEN INTERIM :ITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: April 24, 2002 Meeting Date: May 2, 2002 Subject/Agenda Item: Resolution 70, 2002-Mirasol Parcel Seven-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: ~ City Attorney(~:~./ Finance ACM Other Submitted by:. Sean C. Donahue, P.E. Assistant City Engineer Originating Dept.: Growth Management Advertised: [X ] Not Required Affected parties [ ] Notified [X] Not required Costs: $. 0 (Total) $ 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ]None BACKGROUND: See attached memorandum. RESOLUTION 70, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE MIRASOL PARCEL SEVEN PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Mirasol Parcel Seven Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Mirasol Parcel Seven Plat consisting of four (4) sheets dated October 2001, prepared by Mock, Roos & Associates, Inc., attached hereto as Exhibit SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this 2002. day of ATTEST: ERIC JABLIN, MAYOR CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 70, 2002 Page 2 of 2 VOTE: Mayor Jablin Vice Mayor Sabatello Councilwoman Delgado Councilman Clark Councilman Russo AYE NAY ABSENT CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORANDUM Blane Kauthen-Interim City Clerk Sean C. Donahue, PE April 24, 2002 01-4219 SUBJECT: Mirasol-Parcei Seven: Plat We have completed our review of the plat for the referenced project prepared by Mock, Roos & Associates, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P:XPROJECTS’~PBGMEMO~219x,4219i CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: April 24, 2002 Meeting Date: May 2, 2002 Subject/Agenda Item: Resolution 69, 2002-Mirasol Parcel Six-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed ~_~.~ City Attorn y~~" Finance ACM Other Submitted by: Sean C. Donahue, P.E. Assistant City Engineer Approved by" City Manager Originating Dept.: Growth Management Advertised: [X ] Not Required Affected parties [ ] Notified [X] Not required Costs: $. 0 (Total) $ 0 Current FY Funding Source: [ ] Operating . [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ]None BACKGROUND: See attached memorandum. RESOLUTION 69, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE MIRASOL PARCEL SIX PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Mirasol Parcel Six Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Mirasol Parcel Six Plat consisting of four (4) sheets dated September 2001, prepared by Mock, Roos & Associates, Inc., attached hereto as Exhibit SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this 2002. day of ATTEST: ERIC JABLIN, MAYOR CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 69, 2002 Page 2 of 2 VOTE: Mayor Jablin Vice Mayor Sabatello Councilwoman Delgado Councilman Clark Councilman Russo AYE NAY ABSENT CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORANDUM Blane Kauthen-Interim City Clerk Sean C. Donahue, PE April 24, 2002 01-4220 SUBJECT: Mirasol-Parcel Six: Plat We have completed our review of the plat for the referenced project prepared by Mock, Roos & Associates, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat. Therefore, we recommend its approval. SCD/ PAPROJECTSWBGMEMO~220~4220j CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: April 24, 2002 Meeting Date: May 2, 2002 Subject/Agenda Item: Resolution 71, 2002-Mirasol Parcel Nine-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by:~~ City Attorne~~=’~ Finance ACM Other Submitted by:. Sean C. Donahue, P.E. Assistant City Engineer City Manaz .~r Originating Dept.: Growth Management Advertised: [X ] Not Required Affected parties [ ] Notified [X] Not required Costs: $ 0 (Total) $. 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ] None BACKGROUND: See attached memorandum. RESOLUTION 71, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE MIRASOL PARCEL NINE PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Mirasol Parcel Nine Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Mirasol Parcel Nine Plat consisting of five (5) sheets dated November 2001, prepared by Mock, Roos & Associates, Inc., attached hereto as Exhibit 2002. SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of ATTEST: ERIC JABLIN, MAYOR CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 71, 2002 Page 2 of 2 VOTE: Mayor Jablin Vice Mayor Sabatello Councilwoman Delgado Councilman Clark Councilman Russo AYE NAY ABSENT CONSULTING CIVIL ENGINEERS, SURVEYOR~ & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORANDUM Blane Kauthen-Interim City Clerk Sean C. Donahue, PE April 24, 2002 01-4223 SUBJECT: MirasoI-Parcel Nine: Plat We have completed our review of the plat for the referenced project prepared by Mock, Roos & Associates, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P:WROJECTSkPBGMEMO~4223~I223 h CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: April 24, 2002 Meeting Date: May 2, 2002 Subject/Agenda Item: Resolution68, 2002-Ryder Substation Florida Power & Light Company-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by~ City Attorney~_~ Finance ACM Other Submitted by: Sean C. Donahue, P.E. Assistant City Engineer City Manager Originating Dept.: Growth Management Advertised: [X ] Not Required Affected parties [ ] Notified [X] Not required Costs: $, 0 (Total) $. 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ] None BACKGROUND: See attached memorandum. RESOLUTION 68, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE RYDER SUBSTATION FLORIDA POWER & LIGHT COMPANY PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Ryder Substation Florida Power & Light Company Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ¯ OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Ryder Substation Florida Power & Light Company Plat consisting of two (2) sheets dated April 2002, prepared by Williams, Hatfield & Stoner, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this 2002. day of ATTEST: ERIC JABLIN, MAYOR CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 68, 2002 Page 2 of 2 VOTE: Mayor Jablin Vice Mayor Sabatello Councilwoman Delgado Councilman Clark Councilman Russo AYE NAY ABSENT CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners Fo~ Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORANDUM Blanc Kauthen-Interim City Clerk- Scan C. Donahue, PE April 24, 2002 01-4183 SUBJECT: FP&L-Ryder Substation: Plat We have completed our review of the plat for the referenced project prepared by Williams, Hatfield & Stoner, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P:~PROJECTSWBGMEMO~4183’0183 o CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: May 2, 2002 SubjectJA~lenda Item: Work Order Number 2002-003 for LBFH, Inc. Recommendation/Motion: Staff recommends approval of work order 2002-003 for planning and design activities for Westminster Park and Burns Road Community Center for LBFH, Inc. Reviewed by: City Attorney~ Finance Human Res. Other Submitted by: BACKGROUND: Originating Dept.: Engineering Advertised: NA Date: Paper: [ ] Not Required Affected parties [ ] Notified [ ] Not required Costs: $137,250.00 Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/conditions [ ] Denied [ ] Continued to: Attachments: I [ ] None The Burns Road widening project is ready to move forward. On October 5, 2000 the City Engineer made a brief presentation to Council discussing the changes that were anticipated to the Burns Road Community Center property and to the adjacent Westminster Park property because of the widening of Bums Road. The impacts to the two sites are significant. See attached. March 21, 2002 Council approved a Florida Recreation Development Assistance Program (FRDAP) grant for Westminster Park with a constraint for construction schedule. Time is of the essence with these park improvements because of constraints to the FRDAP grant. RECOMMENDATION: Staff recommends acceptance of the LBFH proposal for this work and requests Council approve the City Engineering Work Order for planning and design of Burns Road Community Center and Westminster Park. CITY OF PALM BEACH GARDENS MEMORANDUM TO:Ronald M. Ferris, City Manager Date: March 30, 2002 APPROVED: Jack Doughney, Assistant to the City Manage~~ FROM:Daniel P. Clark, P.E., City Engineer SUBJECT:Engineering Work Order 2002-003 Westminster Park and Burns Road Community Center Planning BACKGROUND: On October 5, 2000 the City Engineer made a brief presentation to Council discussing the changes that were anticipated to the Burns Road Community Cemer property and to the adjacent Westminster Park property because of the widening of Bun~ Road. The Burns Road widening project is ready to move forward. The impacts to the Westminster site and to the Community Center site are significant. The impacts include loss of 39 parking spots, temporary loss of access from Military Trail, impacts to irrigation and lighting, loss of signage, and installation of a large detention pond (water feature) in the North West comer of the Westminster site. Further, on March 21, 2002 Council approved a Florida Recreation Development Assistance Program (FRDAP),grant for Westminster Park with a constraint for construction. The grant is for $112,500 dollars. An additional $792,000 has been provided for Westminster and Community Center site improvements as a requirement of the Burns Road widening project to mitigate for the impacts discussed above. Time is of the essence with these park improvemems because of constraints to the FRDAP grant. RECOMMENDATION: Staff recommends acceptance of the LBFH proposal for this work and requests Council approve the City Engineering work order for planning and design of Bums Road Community Center and Westminster Park. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 76, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING WORK ORDER 2002-003 WITH LBFH, INC. FOR ENGINEERING SERVICES RELATED TO THE PLANNING AND DESIGN OF WESTMINSTER PARK AND BURNS ROAD COMMUNITY CENTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to improve Westminster Park and the Burns Road Community Center due to impacts from the Burns Road widening construction project; and WHEREAS, the City has retained LBFH, Inc. as its City Engineer and has a continuing contract with LBFH to provide engineering services; and WHEREAS, a consultant team that is well-qualified and experienced in park planning and design has been assembled by LBFH, and LBFH has agreed to provide such specialized professional services in accordance with the terms of Work Order 2002-003 and its continuing contract with the City. 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 hereby authorizes and approves Work Order 2002- 003 with LBFH, attached hereto and incorporated herein by reference, to provide planning and design services relating to Westminster Park and the Burns Road Community Center. The City Council hereby approves expending no more than $137,500 for engineering services relating to this project. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. -1- SECTION 5: This Resolution shall become effective immediately upon adoption, RESOLVED, ADOPTED AND APPROVED THIS__- DAY OF ,2002. ATTEST: MAYOR ERIC JABLIN CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- Request for Legal or Engineering Assistance l~le Opening Authorization City of Palm Beach Gardens Department Requesting Service: Type of Assistant:X City Engineer City Attorney Contact Person: Jack Doughney Brief Description of Legal Question or Issue: Community Services Division Special Counsel Phone Extension: 4114 FOR CITY PROJECT NO. 2002-003: To provide geo-technical services, site planning, engineering, surveying, permitting and construction phase services for the proposed improvements to Westminster Park and the Burns Road Community Center (see attached proposal for scope of services). The City Council]City Manager authorizes the City Attorney, Labor or Special Counsel to work on the above-referenced issue at an hourly rate. The City Council/City Manager may limit this authorization as set forth below, or as may be set forth in an attached writing. Maximum Number of Hours: Maximum Hourly Rate: Other: Total amount not to exceed $137,250.00 Dep~ent Head A~thor~zati~n ! City Manager/City Councilperson Date City Manager Prioritization]Notes: G: Work Order - Legal.Engineering CONSULTING CIVIL ENGINEERS, SURVEYOR5 & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners for Results Value by Design" 2090 Palm Beach Lakes Blvd. Suite 600 West Palm Beach, FL 33409 (561) 684-3375 Fax: (561) 689-8531 www.lbfh.com January29,2002 File No. 00-4173A Jack Doughney, Assistant to City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re;Agreement for Geotechnical Services, Site :Planning, Engineering, Surveying, Permitting Services and Construction Phase Services for Westminster Park and Burns Road Community Center, Palm Beach Gardens, Florida Dear Mr. Doughney: In accordance with your request, LBFH, Inc. is pleased to submit our proposal to provide geotechnical services, site planning, engineering, surveying, permitting and construction phase services for the proposed improvements to Westminster Park and the Burns Road Community Center sites located within Palm Beach Gardens, Florida. Based on our understanding of the project and funding, we will attempt to maximize the useable area of the Westminster Park site. The useable area has been reduced in size as a result of the necessity for a stormwater detention facility that is planned for the northern portion of the site. Attached for your review is our Exhibit A, Scope of Services. Our work can be performed in accordance with our current Agreement for Services with the City. For budgeting purposes, we have estimated the costs for performing each of the tasks presented in Exhibit A. If it appears as though our estimated amounts will be exceeded, we will notify you immediately. We will not perform additional work on the project without your prior approval. If this proposal is acceptable to you, please sign and date both copies, and return a copy to us as our authorization to proceed. If you have a.qy questions or require additional information, please do not hesitate to contact us at (561) 684-3375. Very truly yours, LBFH, Inc. K. Scott Slora Client Service Manager Page 2 of 2 Agreement for Westminster Park/Burns Road Community Center Palm Beach Gardens, Florida Approved: LBFH, Inc. Approved: City of Palm Beach Gardens (Hereinafter: CLIENT) Daniel P. Clark, Vice President Date: Enclosures In Duplicate P:\00-4173AV~JcSV~S Cover Let~er.doc 2 EXHIBIT A Scope of Services Proposed Improvements to Westminster Park and Burns Road Community Center for the City of Palm Beach Gardens, Florida Task 1: Subsurface Exploration and Geotechnical Report: LBFH, Inc. will coordinate the performance of subsurface explorations and tests on the subject pamel, and the preparation of a Geotechnical Engineering Report for the proposed construction. The subsurface explorations and tests will consist of three (3) Standard Penetration Test borings to depths of 15 feet, three auger borings to depths of 10 feet andone exfiltration test..The work will be performed by Ardaman & Associates, Inc. of West Palm Beach, Florida. Estimated Fee: $2,500 Task 2: Special Purpose TopoclraDhic Survey: LBFH, Inc. will coordinate the performance ~ of a topographic survey of the 3.7 +/- acre Westminster Park parcel. The topographic survey will consist of establishing horizontal and vertical control, obtaining spot elevations of the proposed park site obtained at intervals that will support the site design, one cross-section of the Thompson River, locations of existing structures and paving; locations, sizes and types of existing trees, and preparing a sketch of survey to support the proposed design effort. LBFH, Inc. will also coordinate the performance of a limited topographic survey of the 12.8 +/- acre Burns Road Community Center site. The topographic survey will consist of establishing horizontal and vertical control, obtaining spot elevations of the existing site at 100’ intervals, obtaining spot elevations of existing asphalt drives and parking at intervals sufficient to determine the runoff patterns, building finish floor elevations, one additional cross-section of the Thompson River, and preparing a sketch of survey to support the proposed design effort. The work will be performed by LBFH, Inc. Estimated Fee: $7,500 Task 3: Preliminary En~qineering and Data Collection: LBFH, Inc. will conduct site visits, attend meetings with City staff and convene weekly progress meetings with subconsultants. We will review available plans and other record data pertaining to the site as provided by the City. Estimated Fee: $5,100 Task 4: Site Plan Preparation and Landscape Architectural Desiqn: LBFH, Inc. will coordinate the preparation of a Site Plan of Westminster Park and the Burns Road Community Center suitable for submittal to the City of Palm Beach Gardens Site Plan approval process. The work will be performed by Gentile, Holloway, O’Mahoney & Associates, Inc. The scope of services will include developing a conceptual design plan(s) based on City programming for the Westminster Park and the existing Burns Road Community Center. The conceptual plan will address parking, trail circulation, park signage~ site lighting, trail lighting and the FRDAP grant criteria of activities and restrooms. The plan(s) will presented to the City/City representatives for approval. After approval of the conceptual plan(s), a site plan will be prepared indicating all vehicular and pedestrian circulation, parking, site furniture, signage, site lighting, and other details as required to prepare a site plan for submittal. The design will be based on the City approved conceptual plan and will comply with all of the City requirements. Architectural work is not included. Landscape planting documents will be prepared for the total project (Master Landscape Plans). The design will be based on the City approved conceptual plan. The plan will be at a scale to be determined by the Landscape Architect and will comply with all City requirements. After site plan review and approval by the City, the site layout plans will be finalized along with site furniture specifications (shelters, picnic tables, benches, etc.) and details (game court construction details, walking path specification, etc.) as required to layout the site plan. Included will be an identification signage package indicating location and design of. the entry sign (3). The site (vehicular use areas) and trail lighting will be finalized for layout of fixtures along with specifications and photometrics as may be required. Site lighting will comply with the City’s code requirements. Decorative landscape lighting is not included. The landscape planting construction documents will be finalized for the total project (Master Landscape Plan). These plans will be at a scale to be determined by the landscape architect and will comply with all local and state codes. Landscape irrigation construction documents will be prepared for the total project (Master Irrigation Plans). These plans will be at a scale to be determined by the LandscapeArchitect and will comply with all local and state codes. A cost estimate will be prepared for the elements described in this task. Assistance during bidding will be provided to the City along with five (5) site visits during construction (including the final inspection and certification letter). Estimated Fee: $38,900 Task 5: Site Plan Process: LBFH, Inc. will coordinate assisting the City in preparation of and application for site plan review through the City of Palm Beach Gardens. Also included is attending meetings with the DRC, Planning and Zoning Commission and. City Council for site plan review as may be required. Estimated Fee: $6,500 Task 6: Construction Plans: LBFH, Inc. will prepare Construction Plans and "short form" technical specifications for omsite improvements to support the project. The construction plans will include the on- site paving, grading and drainage, the on-site water distribution and wastewater collection services for the proposed restroom facility, demolition of existing facilities, new parking, additional walking path, recreational courts (shuffleboard, horseshoe and bocce) and shelters (2). It is anticipated that the water and wastewater services for the previous church can be used and extended to serve the new restroom facility. Additionally, we will coordinate the design and permitting through Seacoast Utility Authority and attend DRC meetings. This scope does not include water main or sanitary sewer systems extensions or lift station design. Building plans and specifications for the restroom structure will be provided, by the City of Palm Beach Gardens and are not included in this scope of services. Estimated Fee: $24,600 Task 7: Electrical Desiqn: LBFH, Inc. will coordinate with the preparation of electrical .plans and specifications for the electrical service to the proposed restroom facility. The City of Palm Beach Gardens will provide the building electrical design. LBFH, Inc. will coordinate with C & W Engineering for other electrical desigm The scope of ’~ervices wil|:~include Coordination.with LBEH; .FP&L and Mu~o Spods Lighting and initial field investigations. The engineering design will be comprised of a photometric analysis for the new and existing parking lots, review of photometric analysis for bocce courts, horseshoe pits and shuffle board courts, by Musco Lighting and new and existing walking path. The plans will include a demolition site plan, installation site plan for power service locations, pole locations, equipment locations, conduit and wire sizes, restroom (power feed only) and 2-shelter power feeds and lighting. They will also prepare a oneline installation diagram for the FPL service, metering and service equipment, and power installation. C & W will prepare schematic and assembly details for the lighting control panel, prepare technical specifications and a cost estimate. C & W will coordinate with FPL and the Contractor during construction, review shop drawings, attend a 50% progress inspection, semi-final inspection and final inspection. The nighttime inspection will include photometric readings, verifications and a follow-up report. Estimated Fee: $15,250 2 Task 8: Hydraulic Modelinq: LBFH, Inc. shall develop a hydraulic model for existing conditions of the project and contributing area and evaluate the proposed improvements. This task will include area calculations, stage vs. storage calculations and the preparation of a Stormwater Management Report suitable for submittal to the South Florida Water ManagementDistrict. ~ ¯ .. Estimated Fee: $3,400 Task 9: Permittinq Services: LBFH, Inc. shall prepare, on behalf of the CLIENT~ the following applications for the proposed improvements: ~ ¯An Environmental Resource Permit (ERP) for submittal to the South Florida Water Management District (SFWMD). If a current boundary survey for the Westminster Park/Burns Road Community Center’combined site is required by the SFWMD, the preparation of the boundary survey will be done as an additional service. ¯A National Pollutant Discharge Elimination System (NPDES) permit for submittal to the Environmental. Protection Agency. ¯If required, an excavation and/or vegetation removal permit from Palm Beach County Environmental Resource Management. ¯ ¯ If required, a letter modification to the Water Use Permit to the SFWMD. Estimated Fee: $3,500 Task 10: Preparation of Cost Estimate: LBFH, Inc. will prepare an estimate of cost for the proposed improvements.for submittal to the City of Palm Beach Gardens upon completion of the Construction Plans and Short Form Specifications. Note that all permits will need to be secured prior to our preparation of the cost estimate. Estimated Fee: $1,500 Task 11: Biddinq and Award Phase Services: LBFH, Inc. will assist the Client with advertising the project, attend a pre-bid meeting and prepare a bid tabulation. LBFH, Inc. will make a recommendation for awarding the contract. The Client will be responsible for the cost of advertising and printing of the bid documents. Estimated Fee: $1,500 Task 12: Construction Phase Services: LBFH, Inc. will attend a pre-construction meeting with the Client and successful Contractor, conduct periodic engineering site visits, conduct 3 site Visits per week by qualified observer over an estimated 26 week construction period, review shop drawings, review pay requests, conduct a semi-final and final inspection, review record drawing information as submitted by the Contractor and.PrePare~final certif..ications~ This does.not include inspections or construction observation for proposed buildings. Estimated Fee: $24,500 REIM: Direct Expenses: This item includes any direct, non-salary expense including but not limited to photocopies, blueprints, out-of-office reproduction or photographic services, long distance telephone calls, special mailing or delivery services, contract services authorized by the CLIENT and special materials. Estimated Fee: $2,500 P:\00-4173~AFSV~greement for Services.doc TOTAL ESTIMATED AMOUNT: $137,250 SPECIAL PROVISIONS The following Special Provisions shall qualify or supplement any provision in this Agreement, and.shall override and take precedence over any provisions with which they may be in conflict: This Scope of Work was prepared with the assumption that the CLIENT and the City’s Architect will also attend all required meetings to support the submittal of a Site Plan that conforms with the City of Palm Beach Gardens’ LDR’s, Codes and Ordinances, and Comprehensive Plan. The Time and Expense estimates are based on past experience on similar tasks for similar projects. However, these estimates may need to be revised based on the individual characteristics of this project subsequent to initiation of services by LBFH. Prior to providing services beyond the level of effort represented inthe estimated fee for Time and Expense items, LBFH will inform the CLIENT of the status ofthe estimated budget to agree upon either additional fees or a reductions of the Scope of Services provided by LBFH. 3. The CLIENT shall provide all permit application fees. The Preliminary Design drawings approved by the CLIENT or their representatives shall be signed, or otherwise acknowledged as approved, by the CLIENT or their representatives. Any substantial changes affecting the intent of the approved Preliminary Design requested or required by the CLIENT that results in additional work by LBFH shall be subject to payment by the CLIENT on a "Time and Expense" basis, unless otherwise agreed upon by LBFH and the CLIENT. o The CLIENT shall designate, in writing, a person to act as the CLIENT’s representative with respect . to the services to be rendered. Such person shall have complete authority to transmit instructions, receive information, interpret and define the CLIENT’s policies and decisions with respect to LBFH’s services for the project. o The CLIENT shall assist LBFH, by placing at LBFH’s disposal, all available information pertinent to the project including previous reports, surveys and any other data relative to the design or construction of the project. 7. The location of jurisdictional wetlands, if any, is not included in this Scope of Work. 8.This contract provides for the preparation of a single-phase project. Additional phasing shall be compensated for in accordance with a subsequent Agreement for Services. This Scope of Work does not include the following services: ¯An environmental site assessment of the property or buildings to be demolished to determine the existence of hazardous materials and/or petroleum products. ¯An environmental audit to determine the existence of protected sPecies of fauna and/or flora. ¯A traffic impact study. ¯Offsite utility or roadway improvements. ¯Design of new restroom facility. ¯Decorative landscape lighting. 10.Hydrogeological studies or groundwater modeling is not included. 11.Saltwater intrusion analyses is not included. 12.Pump station design is not included. Ma50l 02 O?:41a DBLCIar~5SIS914380 po4 MILITARY TRAIL COMMUNITY CENTER LUE~TMIN~TER PARI~ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 21, 2002 Subject/Agenda Item: Consideration of Resolution 35, 2002, authorizing the Mayor to execute an amendment to the City’s existing Florida Recreation Development Assistance Program (FRDAP) funding agreement for the Westminster Park project. Recommendation/Motion: Staff recommends a motion to approve Resolution 35, 2002 as presented. Reviewed by: City Attorney Finance ACM Other Submitted by: Department Director Approved by: City Manager Originating Dept.: Administration AdverUsed: [X] Not Required Affected parties [ ] Notified [X] Not required (Total) $.-O- Current FY Funding Source: [ ] Operating [ ] Other Budget AccL#: CouncilAction: [ ]Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Cover Memorandum Resolution 35, 2002 [ ]None Background: Please see attached memorandum. RESOL.UTION 35f 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AMENDMENT 1 TO THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) FUNDING AGREEMENT FOR WESTMINSTER PARK (DEP CONTRACT NUMBER F1361) AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 28, 2000, the City of Palm Beach Gardens ("City") entered into a Florida Recreation Development Assistance Program funding agreement with the Florida Department of Environmental Protection ("Department") for the project known Westminster Park ("Project"); and WHEREAS, said agreement provides funding for Project in an amount not to exceed $112,500 on a reimbursement basis and a completion date of August 31, 2002; and WHEREAS, Project is located adjacent to the Burns Road widening project; and WHEREAS, due to the Burns Road widening project, City has the opportunity to leverage funds for certain aspects of Project which include construction and demolition work which will allow for enhancements to Project, including a water feature and enhanced jogging trail; and WHEREAS, postponing the commencement of Project construction to coincide with commencement of the Burns Road widening project will allow City to take advantage of the aforementioned opportunity; and WHEREAS, the Department has approved a request from the City to extend the completion date of Project by one year, to August 31, 2003, to allow for the coordination between Project and the Burns Road widening project via Amendment 1 to Agreement; and WHEREAS, staff recommends that the City Council authorize the Mayor to execute Amendment 1 to Agreement (DEP Contract Number F1361); and WHEREAS, the City Council has determined the adoption 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 "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. -]- SECTION 2: The Palm Beach Gardens City Council hereby approves Amendment 1 to Agreement (DEP Contract Number F1361), attached hereto as Exhibit "A" and incorporated herein and authorizes the Mayor and City Clerk to execute said Amendment. SECTION3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolutions 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 5: This Resolution shall adoption. PASSED, ADOPTED AND APPROVED this ~ / ~ ATT E ~ -~-,, M ]C; iTY CLERK 1HE.~E’~EI 1:lE~that I have appro~e~ this R~.~LUTIONas LEONARD G. RUBIN CITY ATTORNEY become effective immediately upon VOTE: Mayor Vice Mayor Councilmember Councilmemeber Councilmember AYE NAY ABSENT -2- F1361 (DEP Contract Number) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Amendment 1 to ~greement This Amendment entered into on , 20 , serves to amend portions of the Agreement dated August 28, 2002, by and between the Department of Environmental Protection, hereinafter referred to as DEPARTMENT, and hhe City of Palm Beach Gardens, .hereinafter referred to as GRANTEE, for the approved recreational project known as Westminster Park, Project #F01361, pursuant to section 375.075, Florida Statutes and Part V, Chapter 62D-5, Florida Administrative Code. In and for the mutual covenants between them, the DEPARTMENT and the GRANTEE agree that the following amendment shall apply to the above referenced Agreement: Paragraph 13 Sentence 1 is amended as follows: The GRANTEE shall complete all project elements on or before August 31, 2003. In all other respects the Agreement of which this is an Amendment and attachments relative thereto shallremain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director or Designee Division of Recreation and Parks CITY OF PALM BEACH GARDENS Pe~ to~ign Printed Name DEP ~on~ract Ma~a~g’er / Title Address: 4404 Burns Road Palm Beach Gardens, Florida 33410 Approved as to Form and Sufficiency: Agreement has been pre-approved as to form and sufficiency by Jerome I. Johnson, Assistant General Counsel, on December 12, 2001, for the use for one year. Grantee Attorney DEP 42-050 Revised 1-23-02 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: May 2, 2002 Date Prepared: April 15, 2002 SUBJECT/AGENDA ITEM CU-01-06/SP-01-44- Christ Fellowship "South Campus" Conditional Use and Site Plan Amendment First Reading for Ordinance 2, 2002; and Consideration of Resolution 4, 2002: a request by Joe Ryan of Palm Beach Gardens Christ Fellowship Church to allow for deletion of conditions on approval of amendments to the site’s conditional use and site plan. The South Campus site is located at 5312 Northlake Boulevardi, approximately ¾ mile west of Military Trail. (23-42S-42E) The applicant had originally been scheduled for first reading of Ordinance 2, 2002 and consideration of Resolution 4, 2002 on March 7, 2002. The applicant has requested a postponement until the May 16, 2002 meeting of the City Council. Reviewed by: :r,:i ciAPt:~r: leayn~ Finance NA Human Res. NA Submitted by: Growth Managerr~t///, Director ~,.~~ Charles K. Wu, AICP C~ty Man ag~e~,"~ Originating Dept.: Growth Management: Proiect f Manager~ Ed Tomba% Advertised: Not Required "Affected parties: [ ] Notified IX] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [X] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:~ Attachments: CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 SUBJECT/AGENDA ITEM Petition PUD-01-03 Christ Fellowship PUD Amendment. Continuation of First Reading and Public Hearing, Ordinance 44, 2001: Joe Ryan of Christ Fellowship Church is requesting a Planned Unit Development (PUD) amendment to allow for the elimination of and amendments to certain conditions of approval regarding operational procedures and activities on site. Christ Fellowship Church Planned Unit Development (a.k.a. North Campus) located on the north side of Northlake Boulevard, approximately one mile west of Military Trail (14- 42S-42E). The applicant has requested a continuation of the public hearing from the December 6, 2001, City Council meeting until May 16, 2002. Reviewed by: Principal Planner Talal Benothm~ City Attorney ~ Finance NA Human Res. NA Submitted by: Growth Manage~’e~__ Director( Charles K. Wu, AICP Approved by,~ City Manag~ Originating Dept.: Growth Management: Project/~ Manage~ ’~" L~,.~Edward Tb’mb’aTi, AICP Advertised: Not Required (Public Hearing continued from December 8, 2001 ) Affected parties: [ X ] Notified FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating Ix] Other N/A Budget Acct.#: N/A P & Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ X] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to:~ Attachments: CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 SUBJECT/AGENDA ITEM PUD-01-01 - Alta Pines (Parcel 4.07b) Second Reading / Ordinance 46, 2001: Cotleur & Hearing, agent for Wood Partners, is requesting a Planned Unit Development (PUD) approval to construct a 264 multi-family dwelling unit community with an overall density of 10.7 dwelling units per acre. The 24.68-acre site is located approximately ½ mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail. (36-41S-42E) RECOMMENDATION Staff recommends approval of Ordinance 46, 2001, with conditions. Reviewed by: Principal Planner Talal Benothma~ City Attorney ~ Leonard Rubin Development Compliance Bahareh Keshavarz SubmittedGrowth by: ..~-~ Management Director ~ Charles K. Wu, AICP Approved by~ ^ J,= City M a n ag~=~,~.¢~ Ron Ferris / / / Originating Dept.: Growth Management: Project Manager Kara Irwin Advertised: Date: 4/18/2002 Paper: Palm Beach Post [A~ffecte] Not Requiredd parties: [X ] Notified [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [X] Other NA __ Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval IX] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Table 1 ¯ Table 2 ¯ Ordinance 46, 2001 ¯ Site Plans ¯ Landscape Plans ¯ Elevations [ ] None City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-01 BACKGROUND The subject site is a vacant parcel of unimproved land that had been used for agricultural purposes. To the north of the site is Dwyer High School, with a zoning of Public/Institutional (P/I). To the south is DiVosta parcel 4.07a, with a zoning designation of Planned development Area (PDA) and a future land use designation of Residential High (RH); west of the site is approved Benjamin High School site, with a zoning of Public/Institutional (P/I); east of the subject site is the proposed Evergrene Planned Community Development (PCD). The subject site is separated from DiVosta Parcel 4.07a by an east-west right-of-way connecting Military Trail to Central Boulevard that is part of the City’s Conceptual Thoroughfare Plan (Map O) identified in the City’s Comprehensive Plan. The development will be accessed from the thoroughfare roadway, which shall be constructed prior to the issuance of the first Certificate of Occupancy. The east-west roadway shall intersect with Military Trail at the proposed entrance to the Evergrene PCD. DiVosta & Company owns the property, which is under contract to sell the subject site to the applicant, who is proposing to develop the site as a PUD with an underlying zoning of residential high containing 264 multi-family units. The applicant proposes a total of ten (10) two-story and three-story apartment buildings and shall include one, two and three bedrooms with a garage option. As an amenity to the development, a central recreation facility will include a community swimming pool, a cabana building with a covered seating pavilion and beverage counter, volleyball court, and a putting green. LAND USE & ZONING The subject site is currently zoned Planned Development Area (PDA), has a future land-use designation of Residential High (RH), and is designated as Recreation Open Space (ROS) the Vision Plan. The applicant wishes to rezone the site to Residential - High Density (RH), with a Planned Unit Development Overlay District (PUD). The proposed development consistent with the future land use designation, as identified in the City’s Comprehensive Plan. CONCURRENCY The proposed project received conditional concurrency certification on October 3, 2001, that included concurrency for traffic, solid waste, sewer and water. The traffic concurrency is contingent upon several conditions that will be incorporated into the approving ordinance. The applicant has not received drainage concurrency. The property is proposed to drain through the adjacent parcel to the south (4.07a), but the adjacent parcel has not developed site plan so that a drainage easement may be created. DiVosta currently owns both parcels and the sale of the land to the applicant will commence upon Development Order approval. Staff has recommended a condition of approval to the Development Order that the applicant provides all the necessary instruments, information and legal documentation to satisfy the Legal 2 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-01 Positive Outfall requirements of the City within 45 days of the effective date of the approving Ordinance and prior to the issuance of the first building permit. PROJECT DETAILS Building Site The entire site has been used as a cattle pasture area without any improvements. Cattle trails are present as well as overgrown vehicular paths. The applicant has 22.11 acres of upland habitat composed of woodland pasture and unimproved pasture. Section 78-250, of the City Code requires a 25% upland preservation set aside. The applicant is proposing to set aside 5.53 acres of the total site for the 25% upland preservation on-site and 1.35 acres for wetland preservation. The applicant has provided for off-site mitigation for the remaining wetlands present on the site. Site Access Access to the site is available from the proposed east-west thoroughfare, which is contiguous with the southern boundary of the development. DiVosta is proposing to grant the City a roadway easement for the 80’ thoroughfare right-of-way and a drainage easement related to the roadway improvements. DiVosta proposes to build the roadway and subsequently dedicate the roadway to the City. SLqna.qe The applicant is proposing one entry sign to be located in the median of the entranceway. The six-foot high by ten foot wide (6’ H X 10’ W) ground sign will have a stucco finish to match the building architecture. The code allows a maximum of one sign face for a residential development entry feature; therefore, the applicant must request a waiver to allow for two sign faces. The sign will be illuminated by a ground-mounted fixture on a photocell, per the requirements of the Land Development Regulations (LDR). In addition to the entry sign, the applicant is proposing three directional signs. The directory signs consist of 13.5 square feet each and are located at the entry points to the apartment units. Landscaping~Buffering The applicant is proposing landscape buffers in excess of what is required by the Land Development Regulations. The buffers adjacent to Military Trail (eastern boundary) and Central Boulevard (western boundary) are 100 feet in width and incorporate landscape buffers and preserve areas. The northern and southern property boundary buffers are a minimum of 50 feet in width and incorporate landscape buffers and preserve areas. Phasing The proposed project will be built in one phase. 3 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-01 Drainage The subject site lies within Unit 2 of Northern Palm Beach County Improvement District (NPBCID). Surface water management design for the site will conform to the discharge criteria of NPBCID and the requirements of the South Florida Water Management District (SFWMD). Site stormwater runoff will be collected by a series of drainage inlets located throughout the site and discharged to a proposed 1.5-acre lake. The allowable outfall volumes will discharge via a control structure and discharge pipe to a drainage ditch running through the DiVosta parcel (4.07a) to the south with eventual discharge to NPBCID Canal E.P.B. 3-B. A condition approval requires the applicant to provide a recorded agreement allowing for discharge stormwater to pass through the DiVosta parcel (4.07a) within 45 days from the effective date the development order. This will be incorporated into the DiVosta site plan and plat for parcel 4.07a. Waivers Code Section Required Section 78-250(a)(3)(a) Minimum Minimum 100’Dimension and Total Area of widthPreservation Areas Section 78-285 Signs for Maximum one Residential Development (1) sign face Provided Minimum 52’ width 2 Waiver 48’ Recommendation Support (1) Support (2) The applicant’s justification is adequate for the Planning & Zoning staff to analyze and support the requested waivers. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. The applicant has requested a waiver from the Minimum Dimension of Preservation Areas to allow a minimum 52’ preservation area width. The City Forester supports the waiver since the applicant is proposing a continuous buffer as opposed to separate pockets of preserve. The applicant is preserving the total requirement on site as a continuous buffer around the entire parcel. The City Code does not allow for a double-faced sign, which the applicant is proposing at the proposed entryway. The proposed signage provides notice to westbound traffic, as well as eastbound, of the projects entryway. The applicant has provided additional active and passive recreational amenities and landscaping to justify the additional sign face. PLANNING & ZONING COMMISSION On November 27, 2001, the Planning & Zoning Commission recommended approval of staff’s conditions and the applicant’s waiver requests. 4 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-01 CITY COUNCIL WORKSHOP On December 20, 2001, the City Council was scheduled to hear first reading of Ordinance 46, 2001, for approval of the Alta Pines Planned Unit Development (PUD). The City Council expressed concerns regarding the proposed density and the Council made a suggestion that the applicant place additional parking at the clubhouse area and add a jogging trail around the lake feature. The City Council did not make a motion to move the project forward. Density The Forbearance Agreement limits Parcels 4.05 and 4.07 to three (3) dwelling units per acre. DiVosta owns both parcels and when Parcel 4.05 (The Isles) was developed, the density was lowered with the understanding that the units would be transferred to Parcel 4.07. This was determined by the interpretation of the Forbearance Agreement, which had both parcels lumped together under one density limitation. The gross density of the parcels, including 4.05, 4.07a and 4.07b, is 2.8 dwelling units per acre, which meets the requirements of the Forbearance Agreement. Additions to the Site Plan Per City Council comments, the applicant has added additional amenities to the site. The applicant has provided a tot lot to the southeastern corner of the site to provide an active play area as well as provided a mulch path into the preserve area as a passive park area on the site. The applicant has also modified the site plan to add a pedestrian walkway and a seating area to provide better connectivity between buildings 1 and 2. In addition, the applicant has added a stabilized mulch path around the 1.57-acre lake on the site as a walking or jogging trail. Finally, the applicant has added five (5) additional parking spaces between the main club area and the tot lot. Sidewalks Per City Council comments, the applicant has modified the linkage roadway plans to provide for a curvilinear/meandering sidewalk on the northern edge of the property along the right-of-way. The proposed sidewalk is five (5) feet in width and is consistent with the parkway theme established along Central Boulevard and Military Trail. CITY COUNCIL On March 21, 2002, the City Council approved Ordinance 1,2002, on First Reading. Staff Recommendation Staff recommends approval of Petition PUD-01-01 (Alta Pines) with conditions. 5 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-01 EXISTING USE Subject Property Vacant/Undeveloped North Dwyer High School South Vacant/Undeveloped Parcel 4.07a West Vacant/Undeveloped Benjamin Hicjh School East Vacant/Undeveloped Evergrene Planned Community Development (PCD) ¯ZONING ¯ Planned Development Area (PDA) Public/Institutional (P/I) Planned Development Area (PDA) Public / Institutional (P/I) Planned Development Area (PDA) LAND USE Residential- High Density (RH) Public (P) Residential- High Density (RH) Residential - Low Density (RL) Residential - Medium Density (RM) Code Requirement Site = Residential- High Density (RH) Maximum Residential Density (RH): 12 d.u./acre Minimum PUD development size: None Unified Control: One property owner Community Serving Open Space: Minimum of 20% Upland Native Plant Community Preservation: Minimum of 25% identified Propose~d Plan Residential - High Density (RH) 10.70 d .u./acre 24.68 acres Consistent? Yes Yes Yes One property owner Yes 29.78%Yes 25% (5.35 acres)Yes 6 Meeting Date: May 2, 2002 Date Prepared: April 12, 2002 ORDINANCE 46, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FOR A REZONING OF APPROXIMATELY 24.68 ACRE PARCEL OF LAND FROM PLANNED DEVELOPMENT AREA (PDA) TO RESIDENTIAL HIGH (RH) WITH A PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT (PUD), TO BE KNOWN AS "ALTA PINES," BY APPROVING THE CONSTRUCTION OF 264 MULTI-FAMILY UNITS AND ACCESSORY USES, LOCATED APPROXIMATELY 1/= MILE NORTH OF THE INTERSECTION OF MILITARY TRAIL AND HOOD ROAD, ON THE WEST SIDE OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-01-01)from WP South Development Company, L.L.C. d/b/a Wood Partners, as agent for DiVosta & Company, for approval of a planned unit development (PUD) with 264 multi-family units, a 3,236 square-foot leasing center, a 1,408 square-foot cabana with swimming pool, and five six-car garage buildings on the 24.68-acre site located approximately ½ mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the subject parcel is presently zoned as Planned Development Area (PDA) with a land use designation of Residential High (RH); and WHEREAS, the City’s Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and the Land Development Regulations; and WHEREAS, on November 27, 2001, the City’s Planning and Zoning Commission recommended approval of the subject petition with conditions. 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 hereby approves the re-zoning of an approximately 24.68 acre parcel of land from Planned Development Area (PDA) to Residential High (RH) with a Planned Unit Development Overlay Zoning District (PUD), known as "Alta Pines", and allowing construction of 264 multi-family units and accessory structures, located approximately ½ mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail, as more particularly described in Exhibit "A" attached hereto. Ordinance 46, 2001 Meeting Date: May 2, 2002 Date Prepared: April 12, 2002 SECTION 2. The following waivers are hereby granted with this approval: 1.Section 78-250(a)(3)(a), Minimum Dimension and Total Area of Preservation Areas, allow for a minimum 52-foot width. The Land Development Regulations require a minimum of 100 feet in width. 2.Section 78-289(2), Residential Identification Sign, to allow for a fourteen (14) square-foot building identification sign. The Land Development Regulations allow a maximum of four square feet in area. 3.Section 78-285, Permitted Signs for Residential Development, to allow an entry sign with two sign faces. The Land Development Regulations allow a maximum of one (1) sign face per development. SECTION 3. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors and/or assigns: Surface Water Manaqement 1.No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and/or agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) 2.Prior to 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 within their respective utility easements. (City Engineer) 3.The applicant shall provide all of the necessary instruments, information and legal documentation to satisfy the Legal Positive Outfall requirement of the City of Palm Beach Gardens within 45 days of the effective date of this Development Order and prior to the issuance of the first building permit for this project. Plattinq 4.The applicant shall indicate on the plat of this project pedestrian access easements for the proposed sidewalks along Central Boulevard and Military Trail. The plat shall be submitted, reviewed, approved and recorded in the public records of Palm Beach County prior to the issuance of the first building permit for this project. (City Engineer) 5.The plats for parcels 4.07b and the east-west thoroughfare, including the dedications for the drainage easements and roadway easements, shall be submitted and approved by the City, and placed in the official record books of Palm Beach County prior to the issuance of the first building permit. (City Engineer) 2 Ordinance 46, 2001 Meeting Date: May 2, 2002 Date Prepared: April 12, 2002 Landscapin,q and Maintenance 6.Prior to issuance of the first building permit, the applicant shall submit for review by the Growth Management Department a supplemental planting plan for any areas within the preserve buffers that require additional landscaping where voids in groundcover and shrubs occur in order to screen the first 6’ - 8’ of all structures within the project to the satisfaction of the City Forester. (City Forester) 7.Prior to the issuance of the final Certificate of Occupancy, the applicant shall remove all exotics from the upland preserve areas. (City Forester) 8.The applicant, successors, or assigns shall be responsible for the landscape installation, maintenance, and replacement of the roadway shoulders and medians, including irrigation, of those sections of public rights-of-way adjacent to the Alta Pines Planned Unit Development (PUD). With respect to the medians, the applicant, successors, assigns shall be responsible until such time as future development adjacent/contiguous to said rights-of-way, where applicable, are platted. At such time future development shall provide a pro-rata share in the cost of the maintenance. The applicant shall install the landscaping and irrigation for the medians and roadway shoulders adjacent to the property, as described in "Exhibit A" within six (6) months of this approval, or no further permits or inspections will be issued for the project site, until said landscaping and irrigation are completed. The sections of public rights-of-ways adjacent to the Alta Pines PUD for which the applicant, successors, or assigns shall be responsible are as follows: a. Central Boulevard from the northern PUD terminus south to the East-West Road, as permitted by Palm Beach County. b. Military Trail from the northern PUD terminus south to the East-West Road, as permitted by Palm Beach County. c. East-West Road from Military Trail to Central Boulevard, including medians, if applicable, in the future. (City Forester) 9.The median and road shoulder landscaping and irrigation plans shall be submitted to the Growth Management Department for review and approval. (City Forester) Transportation / Traffic Concurrency 10.No more than 1,423 new external daily trips may be permitted and no more than 203 residential units may be issued Certificates of Occupancy until the contract has been let for the four (4) laning of Hood Road from Military Trail to Alternate A1A. (City Engineer) 11.No more than 1,806 new external daily trips may be permitted and no more than 258 residential units may be issued Certificates of Occupancy until the contract has been let for six (6) laning of Alternate A1A from Hood Road to PGA Boulevard. (City Engineer) 12.No more than 1,806 new external daily trips may be permitted and no more than 258 residential units may be issued Certificates of Occupancy until the contract has been let for the 1-95 / Alternate A1A Flyover and interchange. (City Engineer) 13.No more than 1,806 new external daily trips may be permitted and no more than 258 residential units may be issued Certificates of Occupancy until the contract has been let 3 Ordinance 46, 2001 Meeting Date: May 2, 2002 Date Prepared: April 12, 2002 for reconfiguration of the Victoria Gardens Drive / PGA Boulevard intersection to provide three (3) northbound left-turn lanes and one (1) northbound right-turn lane. Should FDOT not approve this change in lane configuration, then one (1) additional left turn lane should be provided at this location. (City Engineer) 14.Prior to the issuance of the first Certificate of Occupancy, the applicant shall install an exclusive northbound left-turn lane is required along Military Trail at the intersection with the East-West thoroughfare. (City Engineer) 15.Prior to the issuance of the first Certificate of Occupancy, the applicant shall install a right-turn and left-turn ingress as required along the East-West thoroughfare at the project access driveway. (City Engineer) 16.Prior to issuance of the final Certificate of Occupancy, the applicant, successors, or assigns shall conduct PM peak hour turning movement counts, beginning at the issuance of the 50th certificate of occupancy and every six moths thereafter, during the peak season at the intersection of Hood Road and Military Trail. At such time as the southbound left turn volume exceeds 300 vehicles per hour, an additional left-turn lane (dual left-turn lanes) shall be provided at this location by the applicant, successor, assigns prior to issuance of the final Certificate of Occupancy. (City Engineer) 17.Prior to issuance of the final Certificate of Occupancy, the applicant, successors, or assigns shall conduct signal warrant studies of the Hood Road and Alternate A1A intersection beginning at the issuance of the 50th certificate of occupancy and every six months thereafter until the issuance of the final Certificate of Occupancy. Should the warrant indicate a need for a signal, the applicant, successor, or assigns shall be required to provide a pro-rata share of installation costs as determined by the City Engineer. (City Engineer) 18.Prior to the issuance of the first Certificate of Occupancy the East-West thoroughfare must be completed (including landscaping) and accepted by the City. (City Engineer) 19.The build-out date for the subject site is December 31, 2003. SECTION 4. The proposed Planned Unit Development (PUD) shall be in compliance with the following plans on file with the City’s Growth Management Department: 1.January 15, 2002 Cover Sheet by Cotleur & Hearing, Sheet 1. 2.January 15, 2002 Master Plan by Cotleur & Hearing, Sheet M1. 3.January 15, 2002 Site Plan by Cotleur & Hearing, Sheets S-lthrough S-5. 4.January 15, 2002 Landscape Plan by Cotleur & Hearing, Sheets L1-7. 5.May 22, 2001 Landscape Plan (Roadway Shoulders) by Cotleur Hearing, Sheet 1 of 6.September 17, 2001 Photometrics by Tseng Consulting, Sheets ES-1 through ES-3. 7.September 28, 2001 Unit Floor Plans by Tseng Consulting, Sheets A-A1, A-B1, A-B2, A- B2-1G, A-C2, A-C2P, and A-E1. 8.September 28, 2001 Building I Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A-T1.1 through A-T1.3. 9.September 28, 2001 Building II Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A-T2.1 through A-T2.3. 10.September 28, 2001 Building III Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A-T3.1 through A-T3.3. 4 Ordinance 46, 2001 Meeting Date: May 2, 2002 Date Prepared: April 12, 2002 11.September 28, 2001 Building IV Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A-T4.1 through A-T4.3. 12.September 28, 2001 Building V Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A-T5.1 through A-T5.3. 13.March 30, 2001 Leasing Office by Tseng Consulting, Sheets AM-1 through AM-3. 14.March 30, 2001 Pool Cabana by Tseng Consulting, Sheets AM-11 through AM-12. 15.January 2, 2001 Maintenance Building by Tseng Consulting, Sheet AM-21. 16.January 2, 2001 Garage Building by Tseng Consulting, Sheet AM-31. 17.January 2, 2001 Mail Kiosk by Tseng Consulting, Sheet AM-41. 18.January 2, 2001 Compactor Enclosure Plans by Tseng Consulting, Sheet AM-51. 19.January 2, 2001 Signage by Tseng Consulting, Sheet AM-61. SECTION 5. If any clause, section, other part or application of this Ordinance 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 Ordinance. SECTION 6. All resolutions, ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 21st DAY OF MARCH 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. SIGNED: ERIC JABLIN, MAYOR CARL SABATELLO, VICE MAYOR JOSEPH RUSSO, COUNCILMEMBER DAVID CLARK, COUNCILMEMBER ANNIE DELGADO, COUNCILMEMBER Ordinance 46, 2001 Meeting Date: May 2, 2002 Date Prepared: April 12, 2002 ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: BLANE KAUTHEN INTERIM CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO AYE NAY ABSENT 6 Ordinance 46, 2001 Meeting Date: May 2, 2002 Date Prepared: April 12, 2002 EXHIBIT "A" BEING A PARCEL OF LAND LYING iN THE SOUTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP 41 SOUTH~ RANGE 42 EAST, :PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 25; THENCE NORTH 01°22’09’’ EAST, ALONG THE EAST LINE OF SAID SOUTHWEST ONE-OUARTER, A DISTANCE OF 1,320.98 FEET; THENCE NORTH 88~37’51’’ WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL/~ND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORTH 88°40’0G’’ WEST, A DISTANCE OF t00.00 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 260.00 FEET ; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°2G~35"i A DISTANCE OF 169.91 FEET, TO A POINT OF TANGENCY; THENCE NORTH 51°11’16" WEST. A DISTANCE OF 104.85 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 640,00 FEET ; THENCE WESTERLY, ALONG THE ARC OF SAiD CURVE THROUGH A CENTRAL ANGLE OF 38°00’40’’, A DISTANCE OF 424.59 FEET, TO A POINT OF TANGENCY; THENCE NORTH 89°11’56" WEST, A DISTANCE OF 810.71 FEET TO A POINT ON THE EAST RIGHT OF WAY L]NE OF CENTRAL BOULEVARD, AS CONVEYED ]IN OFFICIAL RECORDS BOOK 5207, PAGE 551 OF THE PUBLIC RECORDS OF SAiD PALM BEACH COUNTY; THENCE NORTH 00°48’04,, EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 640.77 FEET TO A POINT ON THE SOUTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5889, PAGE 534 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE SOUTH 88°37’17 ’’ EAST, ALONG SAiD SOUTH LINE, A DISTANCE OF 1,513.78 FEET TO A POINT; THENCE SOUTH 43°57’34" EAST, A DISTANCE OF 56.56 FEET TO A POINT ON SAID WEST RIGHT OF WAY LINE OF MILITARY TRAIL; THENCE SOUTH 01°22’09~ WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 841.59 FEET TO THE POINT OF BEGIItNING. CONTAiNiNG 24.676 ACRES, MORE OR LESS. iii A/ta Pin es ~ Sou~ Aquisi~’on A Ira Pin es 14/P South Aquisit/on LLO Palm 8e~#/) Gardens. Floc/~a A Ira Pin es WP South Aquisition LLO / ! 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N.E, 166th .STRE]~, }~]AMI, FLORIDA 3316~ (305) 945-4474 ’FAX: (305) 945-1613 illiit;t’,l l, i, ,i, ,i, il ~i~ il ~il ~ii ill ~ii, ill ALTA PINES WOOD PARTNERS, LLC ]TSENG CONSULTING GROUP, INC. |TEL: ,(305) 945-4474 FAX: (305) 945-1613 ALTA PINES WOOD PARTNERS, LLC ALTA PINES PALM BEACH GARDP, NS FLORID& WOOD P6RTNERS LLC lllO NORTHCH,~E pARIfWAY,SUITE 150 MARIettA,GEORGIA TSENG CONSULTING GROUP, INC. iLI}L]L;L;~i,,. N.E. 166th STREET, MIAMI, ~LORIDA 33162 (305) 9~5-4474 F~ (306) 945-1613 ALTA PINES WOOD PARTNERS, LLC HIO NORTHCHAS~ PAP.K~AY.SUI~ 1~o ~G~ORGIA I TSENG CONSULTING GROUP, INC. I,|. _..-I,I (305) 045-~74 ~: (305) 945-1613 ¢ ~’~ "’11.-.oo~,..._oo.,..._~o,o. 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SUITE 150 ITSENG CONSULTING GROUP, INC.Ilqil’l’ll ~i~]ll,tll I II I@ @ ALTA PINES pAL~ BE~CH GARDEN3 FLORIDA WOOD PARTNERS,LLC mmlTI ALTA PINES WOOD PARTNERS, L~ TSENG CONSULTING GROUP, INC. 21 N.E. 166th STREET, MIAMI. FLORIDA 33162 TEI~ (305) 945-44?4 FAX: (305) 945-t613 r < [’l WOOD PARTN~R~,LLC ITSENG CONSULTING GROUP, INC. ITZh (305) 945-~74 I© ALTA PINES pAL~ BE~CH (]ARDF~/S FLORIDA WOOD PARTNERS,LLC 111o NORTHCHAS~ p~RKWAY,SUITE tSO MARIETr*.G~ORGIA ITSENG CONSULTING GROUP INC |,|. ,,.|, I teu (~o~) 945--4474 FAX: (:~05) 945-1613 h;l;I’l}ill ALTA PIN~ WOOD PARTNERS, LLC ii /!,! \ \ \ ,,/!,!\\ \I // \~’.,/ ITSENG CONSULTING GRouP, INC. ~.E. 166tK ~, MI~, ~A 33162 (306) 946-~74 F~: (305) ~5-1613 mF- ro ITSENG CONSULTING GROUP, INC. (305) 945~74 F~: (305) 945-1@13 t- ITSENG CONSULTING GROUP, ,~, +,,.+. ,++,+,.,, ~+m.. ,,,.,~, P,.o.,,++ TEL:(30.5) 945-44V4 PAX: (30,5) 94.5;1613,,+,.-oo<:,+,.o+. 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S~ l~ TSENG CONSULTING GROUP, INC.~c~c~. ~’~.~ ". ~ ~L: (305) 945-4474 F~: (305) 945-t613 Ii m I I ALTA PINES WOOD PARTNERS LLC ITSENG CONSULTING GROUP, I~(~o~)945-4474 r~: (305} 945-[0’3 h:tb CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: May 2, 2002 Subiect/A~lenda Item: Awardin9 of Bid for Burns Road East Improvements. Recommendation/Motion: Staff recommends City Council award a contract for the construction of the easterly portion of Burns Road to Hardrives, Inc. the low bidder, in the amount of $3,145,183.90. Reviewed by~,~ City Attorney~i~---=l~" Finance ~ ~ ACM "" L~ Human Res. Other Submitted by: Dan Clark "-I~,.~.-~~ Originating Dept.: Engineering Advertised: NA Date: Paper: [ ] Not Required "- Affected parties [ ] Not required Costs: $3,145,183.90 Total Current FY Funding Source: [ ] Operating [ ] Other .Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w~conditions [ ] Denied [ ] Continued to: Attachments: I [ ] None BACKGROUND: The City publicly advertised for bids for the Burns Road East Improvements and has received bids from the following: ¯Hardrives, Inc. $3,145,183.90 ¯Ranger Construction Industries - $3,318,901.90 ¯Community Asphalt Inc. $3,440,778.38 ¯Foster Marine Contractors Inc. - $4,509,692.30 Staff recommends awarding the contract to Hardrives, Inc. in the amount of $3,145,183.90. Pc\\P:\OO-4107B\w\Council Agenda Cover Memo CITY OF PALM BEACH GARDENS MEMORANDUM TO: APPROVED: FROM: SUBJECT: Ronald M. Ferris, City Manager Daniel P. Clark, P.E., City Enginee ~._~e~,..~ Awarding of Bid for Burns Road East Improvements Date: April 22, 2002 Staff is recommending City Council award a construction contract to Hardrives, Inc., the low bidder in response to a request for bid for Bums Road East Improvements. The contract amount is $3,145,183.90 BACKGROUND: The City publicly advertised for bids for the Bums Road East Improvements and has received bids from the following: ¯Hardrives, Inc. - $3,145,183.90 ¯Ranger Construction Industries - $3,318,901.90 ¯Community Asphalt Inc. - $3,440,778.55 ¯Foster Marine Contractors Inc. - $4,509,692.30 DISCUSSION: Bids for the referenced project were received on April 2, 2002 and were publicly opened on that date at 2:00 PM. All bids were subsequently reviewed for accuracy and completeness by staff. The apparent low bidder was found to be responsive and responsible. RECOMMENDATION: Staff recommends City Council accept the bid from Hardrives, Inc. and enter into a contract to complete the construction of Bums Road East as bid. Pc\\P:\00-4107B\w\Council Agenda 1 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 67, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AWARDING THE BID FOR THE BURNS ROAD EAST IMPROVEMENTS TO HARDRIVES, INC. AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued an Invitation to Bid for the construction of Improvements to Burns Road East from Gardens Avenue to Prosperity Farms Road, Project No. 00-4107; and WHEREAS, City staff has reviewed the four bids submitted in response to the Invitation to Bid and has recommended that the City accept the bid of Hardrives, Inc. in the amount of $3,145,183.90 and execute an agreement for the construction of the Burns Road Improvements in accordance with the Contract Documents prepared by LBFH, Inc. dated February, 2002; and WHEREAS, the City Council determines that award of the bid to Hardrives, Inc. is in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "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 hereby awards the project to Hardrives, Inc. and accepts the bid in the amount of $3,145,183.90. The City Council further authorizes and directs the Mayor and City Clerk to execute an agreement for the construction of the Burns Road East Improvements with Hardrives, Inc. in accordance with the Contract Documents. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this __ day of ,2002. ATTEST: MAYOR BLANE KAUTHEN, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: Mayor Jablin Vice Mayor Sabatello Councilmember Clark Councilmember Russo Councilmember Delgado AYE NAY ABSENT -1- Bums Road East -EJCDC Agreement CONTRACT EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between The City of Palm Beach Gardens~ Florida (hereinafter called OWNER) and Hardrives~ Inc. of Delray Beach~ Florida (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work consists of furnishing all labor, supervision, materials, equipment, tools, supplies, transportation, fuel, and services necessary to construct a 5-Lane Roadway and a 4-Lane Divided Roadway, on Burns Road, from east of Gardens East Blvd to Prosperity Farms Road, Project No. 00- 4107, in the City of Palm Beach Gardens, Florida, per the lines and grades of the Plans including, but not limited to: construction stakeout, mobilization/demobilization, maintenance of traffic, the requirements of night operations and lighting, water quality and siltation control, dewatering, clearing and grubbing, earthwork, stabilization, grouting/removal of asbestos cement pipe, adjustment and/or installation of water and force mains, exfiltration trenches, inlets, manholes, laying pipe, adjustment of manholes and other structures, concrete sidewalk, curb and gutter, endwalls, traffic separator, constructing base course, asphaltic concrete, guardrail, fencing, railing, sodding, seeding and mulching, signalization, signing and pavement markings, landscaping and irrigation, record survey and drawings, and all incidentals to complete the improvements in accordance with the provisions of the Plans and Specifications herein attached and as directed by the Engineer. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The work is located in Palm Beach County, within the City of Palm Beach Gardens, Florida, along Burns Road, from east of Gardens East Blvd to Prosperity Farms Road. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by LBFH, INC. of Palm City, Florida. C-1 \kFile_srvkfinance\finadmin\contractmgr\CONTRACT - EJCDC Standard Form Agree-A.doc 04/23/02 4:01 PM Bums Road East -EJCDC Agreement who is hereinafter called ENGINEER and who is to act as OWNER’s representative, assume all duties and responsibilities, and have the tights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence Ao All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Cont’ract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment mo The Work will be substantially completed within 270 days after the date when the Contract Times commence to run as provided in the General Conditions, and completed and ready for final payment in accordance with the General Conditions within 330 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof in accordance with the General Conditions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER the daily amount specified in the General Provisions. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A, 5.01.B, and 5.01.C below: A.For all Work, at the prices stated in CONTRACTOR’s Bid, attached hereto as an exhibit. (See Attached Bid Form Document for Unit Prices) C-2 \Wile_srv’ffinance\finadmin\contractmgr\CONTRACT - EJCDC Standard Form Agree-A.doc 04/23/02 4:01 PM Burns Road East -EJCDC Agreement ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments Ao CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by ENG/NEER as provided in the General Conditions. 6.02 Progress Payments; Retainage Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to ten (10 %) percent of the Work completed, less such amounts as ENGINEER shall determine in accordance with the General Conditions and less five (5 %) percent of ENGINEER’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment Ao Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. ARTICLE 7 - INTEREST 7.01 All monies not paid when due as provided in the General Conditions shall bear interest at the rate of eight (~__%) percent per annum. ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: Ao CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. Bo CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Co CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D.CONTRACTOR has carefully studied all: (1) reports of explorations and tests subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site C-3 \kFile_srv\financekfinadmin\contractmgr\CONTRACT - EJCDC Standard Form Agree-A.doc 04/23/02 4:01 PM Bums Road East -EJCDC Agreement (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions and (2) reports and drawings of Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in the General Conditions. Eo CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. Fo CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. Go CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. Ho CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J°The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A.The Contract Documents consist of the following: 1.This Agreement (pages C-1 to C-6, inclusive); 2.Performance Bond (pages PB-1 to PB-3, inclusive); C-4 \kFile_srvkfinance\finadmin\contractmgr\CONTRACT - EJCDC Standard Form Agree-A.doc 04/23/02 4:01 PM Bums Road East -EJCDC Agreement 3.Payment Bond (pages PYB-1 to PYB-3, inclusive); 4.Other Bonds a.Bid Bond (pages BB-1 to BB-2, inclusive); 5.General Terms & Conditions (pages GC-1....to GC-16, inclusive); 7.Specifications as listed in the table of contents of the Project Manual; 8.Drawings consisting of a cover sheet and sheets numbered as shown on the cover sheet being a total of 80 pages, inclusive, with each sheet bearing the following general title: City of Palm Beach Gardens - Burns Road - LBFH Project No: 00-4107; 9. Addenda (numbers 1 to 3, inclusive); 10.Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (being 1 page); b. CONTRACTOR’s Bid (pages BP-1 to BP-6, inclusive); The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. Bo Co ARTICLE 10 - MISCELLANEOUS 10.01 Terms A.Terms used in this Agreement will have the Conditions. C-5 \Wile_srv\finance\finadmin\contractmgr\CONTRACT EJCDC Standard Fo rm Agree-A.doc meanings indicated in the General 04/23/02 4:01 PM Bums Road East -EJCDC Agreement 10.02 Assignment of Contract mo No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns mo OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 SeverabiIity mo Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Indemnification A.The CONTRACTOR shall indemnify, defend, save and hold harmless OWNER, Palm Beach County (County) and the Florida Department of Transportation (FDOT) and all of their officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, their officers, agents or employees. Neither the CONTRACTOR, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the OWNER, the County or FDOT or any of their officers, agents or employees. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on the Agreement). ,200 __ (which is the Effective Date of C-6 \kFile_srv\finance\finadmin\contractmgr\CONTRACT - EJCDC Standard Form Agree-A.doc 04/23/02 4:01 PM Bums Road East -EJCDC Agreement OWNER: City of Palm Beach Gardens, Florida By: Mayor [CORPORATE SEAL] CONTRACTOR: Hardrives, Inc. By: [CORPORATE SEAL] Attest City Clerk Address for giving notices: City of Palm Beach Gardens 10500 North Military_ Trail Palm Beach Gardens, Florida 33410 (If OWNER is a corporation, attach evidence of authority to sign. ff OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agreement.) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or partnership, attach evidence of authority to sign.) Designated Representative: Name: Title: Address: Phone: Facsimile: C-7 \Wile_srv’ffinance\finadmin\contractmgr\CONTRACT - EJCDC Standard Form Agree-A.doc 04/23/02 4:01 PM Burns Road East- Bid Form-EJCDC modified.doe PROJECT: ¯"¯ Bid Form ~: Burns Road- :. . East of Gardens East Blvd to Prosperity Farms Road¯ Palm Beach Gardens,Florida Project No:, 004107 " " " - THIS mD IS SUBMITTEDTO;City of Palm Beach Gardens ,10500 N, Military Trail Palm Beach Gardens, Florida The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Bidding ¯Documents, to perform all ¯ Work. as specified or indicated in the Bidding ¯Documents for the prices and within the times indicated in ¯this Bid¯ and in accordance with the other terms and conditions of the Bidding Documents. .¯ Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and¯ Instructions to Bidders, including¯¯without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for ninety (90) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.¯ In submitting this Bid, Bidder represents, as set forth in the agreement, that: A.Bidder has examined and carefully studied the Bidding Documents, the other related data. identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum No.Addendum Date 2 3-25-02 " ¯ 3-29-02 Addendum No. Addendum Date B.Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, and performance of the¯Work. C.Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. ¯¯ D.Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous, to the site and all drawings of physical conditions in or relating to.existing surface or subsurface stluctures at or contiguous to the site (except Underground Facilities) which, have been identified in the Contract Documents, and (2) reports P:\00-4107XBid Docs-East Section - 2001XFinal Bid Does East SectionXBid Form-EJCDC modified.doc 02/12/02 10:21 AM ADDENDUM #1, ITEM E:¯ACKNOWLEDGEMENT OF ADDENDUM RECEIPT This ADDENDUM #1 which includes revised dates for Prebid Conference and the Bidding Schedule, as well as Answers to Bidders’ Questions-l, is issued for the purpose of providing all prospective bidders with information relatingto the above- referenced project. This ADDENDUM #1 shall be considered as part of the Contract Documents. ~ To acknowledge receipt of this ADDENDUM #1, please sign in the spac6 provided, and return this page attached to your submitted bid. This ADDENDUM #1,. which includes eight (8) pages. This includes: the revised Invitation to Bid, two (2) pages; the revised Instructions to Bidders, two. (2) pages; and Answers to Bidder Questions ¯= I one (1) page,¯was¯received Date W. Allen Poston. " Perso~ Signature Vice President Hardrives, Inc. Company Addendum #1 rage P:\00-4107~Bid Does-East SectiOn¯- 2001Winal Bid Does East SectionkBid Related DocumentskADDENDUM001-Prebid Date.doe Printed 03113/02 4:32 PM ADDENDUM #2, ITEM D: ACKNOWLEDGEMENT OF ADDENDUM REC~H~T This ADDENDUIVI #2 which includes revisvd language for the Instructions to Bidders regarding Receipt of Bids, the Deletions of Section 160 of the General Provisions - Stabilization, the Deletion of $~don 200 of the Genc~xl Provisions - Limvmck Base, and Answers to Biddors Questions, is issued to provide ~.11 prospv0tivo bidders with information relating to the above-referenced proje~. This ADDENDUM #2 shall ~ consid¢~d part of the Contract Documents. To acknowIedg~ receipt of this ADDENDUM #2, please sign in tl~ space provide~l, and return this page attached to your submittvd bid. This ADDENDUM #2, which includes three (3) pagvs. This includes: Answvrs Bidder Questions - 1 one (1) page, was xcceived 3-25"02 Dat~ W. Allen Poston Pe~on/.~~._... Signature Vico Pros±dent Hardrives, Inc. ADDENDUM #3, ITEM B: ACKNOWLEDGEMENT OF ADDENDUM RECI~IPT This ADDENDUM #3 which includes notice tobidders of this being the last ~ddcndum prior to bidding, and Answers to Bidders Questions, is issued to provide all prospective bidders with information relating to ~he abovo-roferenoed proje~. This ADDENDUM #3 shall be considered part of ~o Contra~t Documents. To acknowledge receipt of this ADDENDUM #3, please sign in the space provided, and return thispage attached to your submittvd bid. This ADDENDUM #3, consisting of five (5) pages, which i~ludes: Answers Bidder Questions, being three (3) pages, was received 3-29-02 Pez’llo~ Signature Vice President Title l~rdrives, Lnc. Company 8:55 AM Burns Road East - Bid Form=EJCDC modified.d0c ¯ drawings of a Hazardous Environmental Condition, if any, which has been identified in the Contract Documents. E.Bidder has obtained and¯ carefully studied (or assumes responsibility for having done so) all additional or ¯supplementary examinations,¯ investigations, explorations, tests, studies and data concerning conditions. (surface, subsurface andUnderground Facilities) at contiguous to the site which ¯may affect¯ cost, progress, or performance of the Work or which relate to any aspect of the¯means, methods, techniques,¯ ¯sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be. employed by Bidder, and safety precautions and programs incident thereto. " F~Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the ¯determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documentsl ~ G.Bidder is aware of the general nature of work to be performed by Owner and others at the site that relates to the Work as indicated in the Bidding Documents. no Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Bidding Documents, ¯ and all additional examinations, investigations, explorations, tests, studies, and data.with the Bidding Documents. Jo Bidder has .given Engineer written notice of all conflicts, errors, ambiguities,. Or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. ¯ The Bidding Documents are generally sufficient to indicate and convey understanding of all-¯ terms and conditions for the performance of the Work for which this Bid is submitted. Bidder further represents that this Bid is genuine and not made in the interest of, or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or roles of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. BF - 2 " P:\00-4107~Bid Docs-East Section o 2001Winal Bid Does East SectionkBid Form-EJCDC modified.doe 02/12/02 10:21 AM Burns Road East - Bid Form-EJCDC modified.doe " Bidder will complete the Work in accordance with the .Contract Documents for the unit ¯ price ~Bidder provides on the Bid Proposal form, which are on pages BP 1 -BP - 6 of these Specifications: . (The bid prices are to be entered on the attached Bid Proposal Form.)¯ Unit Prices have been computed in accordance with the Contract Documents.. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids,¯ and final¯ payment for all Unit Price Bid items will be based, on actual quantifies provided, determined as provided in the Contract Documents~ Bidder agrees that the Work will be substantially completed, ¯and completed ¯and ready for final payment, within the number of calendar days indicated in the agreement. Bidder accepts the provisipns of the agreement as to liquidated damages in the event of ¯failure to complete the Work within the times specified above, which shall be stated in the agreement. ~ The following documents are acknowledged~ executed, attached to¯and made a condition of ¯this Bid: A. Bid security in the form of Bid Bond B. Bid Proposal Form C. "Drug-Free Workplace" Form D. Public Entities Crime Statement Form E. Trench Safety Act Form F. Acknowledgement of receipt of all Addendums G. Subcontractor List H. Supplier list I.Listing of any other individuals and entities required to be identified in this Bid J.Certificafion of Qualification, with Florida Department of Transportafion, as noted in the Invitation to Bid. (It is further understood that this requirement does not eliminate BF - 3 P:\00-4107kBid Doe.s-East Section - 2001Winal Bid Docs East SectionkBid Form-EJCDC modified.doc 02/12/02 10:21 AM TRENCH SAFETY.xls TRENCH SAFETY AFFIDAVIT (FAILURE TO COMPLETE THIS FORM MAY RESULT IN ¯ THE BID BEING DECLARED NON-RESPONSIVE) Inc.¯ " ¯ .(NAME OF CONTRACTOR)hereby provides written assurance that compliance with applicable Trench Safety Standards identified in the Occupational Safety & Health Administration’s Excavation Safety Standards, (OSHA) 29 C.F.R.S. 1926.650 Subparagraph P will be adhered to during trench excavation in accordance with tentative assignment to Florida Statute 553.60 through 533.64 inclusive (1990), "Trench Safety Act". The undersigned acknowledges that included in thevarious items of the proposal and in the Total Bid Price are costs for complying with the Florida "Trench Safety Act" as summarized below: (Attach additional sheets as necessary) Unit Price Trench Safety . .Units of Schedule Measures Measure Unit Unit Extended Item (Slope, Trnech, Shield, etc.l (LF,.SY)(Qty)Cost Cost 43011325 "Slope -4,260 LF 1.00 4,260.£ through 443705 ¯~_.~4"2-02 (Signature)(Date) STATE OF Florida COUNTY OF Palm Beach Personally appeared before me, W. /Ll_l~n Po~ton " Sworn to and Subscribed before me affixed his/her signature in the space provided above on this 2nd day of April I .t. _ ~,-,~2.~_~_2. (-Notary Public)~’P~ Nielsen My Commission Expires: " f~%"My Commls$io~ DD~32~4 %T~d~e" Expires October 8, 2005 P:.\00-4107kBid Does-East Section ¯ - 2001WINAL BID DOCUMENTS EAST SECTION~TRENCH SAFETY.xls TSA-1 ~2~oo~ n:4o AM Burns Road East - Bid Form-EJCDC modified,doc as noted in the Specifications, for the Bidder and/or. SUB~ on April 2 (U applicable) - Bid Submitted by: . W. /~le.n pos’con Name (typed or printed) the right of the Owner to request further evidence of Qualification to complete the work, any of his subcontractors). ., 200 2. State Contractor License No. 03C0!0861 Title: " Vico Pr~ident (SEAL) (Signature -- attach evidence of authority to.sign if a Partnership, Corporation or Joint Venture.) GEORGE T. ELMORE " ~r " Doing business as: (SEAL) evidence of authority to sign if a Partnership, Corporation or Joint Venture.) Hardrives, Inc. ¯An Individual, Partnership, Corporation, Joint Venture: Business.address: 2101 South Congress Avenue CorPoration . . "DelrayBeach, EL 33445 Business Phone No.: (561) 278-0456 FAXNo.: (561) 278-2147- If a Corporation have signatures witnessed by the Secretary or other authorized officer of the Corporation. ¯ If a Partnership or Joint Venture, provide additional forms of execution for each member of the.. joint venture in the appropriate form or forms as above. BF - 4 P:\00-4107kBid Docs-~gast Section - 2001Winal Bid Docs East SectionkBid Fom-EJCDC modified.doc 02112/02 10:21 AM CORPORATE RESOLUTION I, as Assistant Secretary of HARDRIVES, INC., a corporation duly organized and existing under the laws of the State of Florida, hereby certify that a meeting of the Board of Directors was duly called and held at this office in Delray Beach, Palm Beach County, State of Florida on April 16, 1984 and that at said meeting a quorum was present and voting throughout; and that the following resolution on motion made by DOUGLAS G. GORDON, VICE PRESIDENT and seconded BY GEORGE T. ELMORE, PRESIDENT was unanimously adopted and is in full force and effect: RESOLVED that W. ALLEN POSTON be elected as Vice President of the Corporation and is authorized to execute various Corporate documents required to operate a business. IN WITNESS WHEREOF, I have set my hand as Assistant Secretary and fixed the CORPORATE SEAL this 2 day of April 2002. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 2 day of April 2002 By SHARON C. SHIVELY, ASSISTANT SECRETARY of HARDRIVES, INC. a Florida Corporation. She is personally known to me and did not take an oath. ,,,.’~L’,, girnberly Burnette BID PROPOSAL " : " " " " FOR " .... ,-. BURNS ROAD EAST OFGARDENS EAST BOULEVARD TO PROSPERITY FARMS ROAD ¯ Note: All prlces shall include the cost of furnishing all labor, equipment, tools, material, supplies, testing, -~. ,. transportation, fuel, and services necessary for complete installation as per the plans and specifications. ¯ ITEM #ITEM UNIT QUANT UNIT PRICE Bid Items A: ROADWAY ITEMS ¯ .. 101~1 Mobilization "LS 1 3 182, OOO. 0O 101-20 Survey Crew ¯LS 1 $ 86 t OOO. GO .101~30 Project Records - Drawing Survey and Record Drawing LS 1 $ 3O~OOO.0O 102-1 .MaintenanceofTraflic "LS 1 :3143,000-00 104-99 Erosion Control LS 1 iS 15t000.00 110-1 Clearing & Grubbing LS *i~97,200.00 110-7-1 MailBox ¯ ~EA 10 !$300.00 ;i - 120-i Regular Excavation ¯ ,CY .5,937 I$6.00. 120-2 .Borrow Material "CY 200 ~;.10 ~O0 120-6 .Embankment CY 5,138 ~1 0.00 285-713-FDOT Optioinal Base Group 13, (Type B-12.5) (8,) (Inc. SY 27,497 S 2~ 0 O 331-T2-10 Type S-3 Asphaltic Concrete Surface Cout~ (1") (Inc. Bit.)¯ SY 27,497 $ 2.85 331o72-12 Type S-1 Asphaltic Concrete (1-1/4") (Inc. Bit)SY " 144 t 20.00 331-72-14 Type S-1 Asphaltic Concrete Structural Course (1-1/~") (Inc. Bit.)SY " 27,497 $ 4 339-1 Miscellaneous Asphalt (Inc. Bit.)TN 5 $ 1 50.00 425-1-31 Inlet Curb Type P-l (<10’) EA I 2 $ 4i000.00 425-1-32 Inlet CurbType P.2 (<109 EA 4.$4e 400.00. 425-1-35 ¯ lulet Curb Type P-5 (<10’)EA -6 $ 2,700.00 425-1-36 hdet Curb Type P~ (<10’)"WA S $ 2~900.00 425-1-42 Inlet Curb Type J-2 (<10’)EA 4 $ 5 ¯ 4 00.00 425-2-41 Construct Manhole p-7 (<10’)EA 12 $ 2,900.00 ¯ 425-3-63 Junction B6x Type J-7 (Partial)EA 2 3 1,400.00 425-3-81 Spedal Control Structure EA 3 3 7.~ 600,00 430-11-325 Concrete Pipe cnivert (18" RCP)LF 754 $ 4 3.00 .430-1i-329 Concrete Pipe Culvert (24"RCP)LF 541 3 "46.00 " " 430-il-333 Concrete Pipe Culvert (30"RCP)LF 32 $ 52,00 430-141-104 Elliptical Concrete Pipe Cnivert (24" x 38" HECP)LF 214 $ 6 3.00 430-721-104 French Drain (24" x 38" SRCP)LF 982 $ 443-70-3 French Drain (18" SRCP)LF 257 $ 75.00 443-70-4 French Drain i24" SRCP)LF 1,331 $ 8 1.0 0 443-70-5 F~ench Drain (30" SRCP)LF 151 $ 86.00 515-1-2 Aluminum llandrailing LF 20 i$60.00 520-1-10 TypeF Curb & Gutter LF 15,650 !$10.50 520-2-4 Type D Curb LF 135 $ 1 2.00 AMOUNT $182,000.00 $ 86,000.00 $ 30~000.00 3143,000.00 , $ 15,000.00 3"97,200.00 3 3,000.00 $35,622.00 " ¯ " $ 2,000.00 ¯ 3 51~38o.o0 .$ 78,366.45 3 2,880.00 3109,988.00 3 750.00 $ 8,000.00 $17,600.00 $ 16,200.00 $ 14~500~00. 3 21,600.00 $ 34,800’0.0 ’3 2,800.00 $ 22,800’00 3 ,422.oo $ 24t886.00 $ 1,664.00 $ 13,482.00 $ 67,758~00 $ 19,275.00 $107,8.11.00 $ 12,986.00 3 1,200.00 $164~325.00 $ 1,620.00 BP-1 ITeM # 522-1 ¯.~22-2 536-1-1 536-2 536-85-25 548-10-1 ¯" : BURNS ROAD ¯EAST OF GARDENS EAST BOULEVARD TO PROSPERITY FARMS ROAD. Note: All prices shall include the cost of furnishing all labor, equipment, tools, material, supplies, testing, " transportation, fuel, and services necessary for complete installation as per the plans and specifications. ITEM .... Concrete ~idewalk (4").." Concrete Sidewalk & Driveways (6") Guardrail (Roadway) - Standard ¯ Guardrail (Roadway) - Shop Bent ¯. End Anchor .kssernblies, Type H ConcreteGravity Wall " " .UNIT QUANT UNIT PRICE SY 5,513 SY 445. LV-. ~s $ 22.75 LF .63 $ " .26.30 I EA 3 $ 427~00 !. LV 200 $ : 50.00 SOBTOTAL BID ITEM A: ROADWAY 15.75 " 30,00 AMOUNT . $86,829.75 $1.3,350.00 $ 568; 75 $ . 1,656.90 $ 1,281.00 $ .I0,000.00 $ 2,141,535.85 BP-2 BID PROPOSAL FOR ITEM # BURNS ROAD . ¯"EAST OF GARDENS EAST BOULEVARD TO PROSPERITY FARMS ROAD Note: All prices shall include the cost of furnishing all’labor, equipment, tools, material, supplies, testing, transportation, fuer, and services necessary for complete installation as per the plans and specifications. ITEM UNIT QUANT "UNIT PRICE Bid Item B: PAVEMENT MARKINGS & SIGNAGE ITEMS ..700-40-1 O-3 Street Name Sign "EA 9 I$ 95..00 700-40-1 D9-2(24"x24") H0spitelSymboi "EA 1 $ 135.00 " ’ 700-40-1.M6-3 (21"x 15") Arrow "’EA 1 $ 50’00 700-40-1 "RI,1 (30" x 30") Stop " ¯EA 14 $ 1 50.00 " 700-40-1 R2-1 (24"X 30") Speed Limit (35mph)EA 6. S 140.00 700-40-1 R3-4 (24" x 24") No ’-’U" Turn Symbol EA 7. $ 1 50. 00 700-40-1 R3-7 (30" x 30") Lane Must Turn (L/R)."EA 2 $ 150.OO 700-40-1 R3.9b (24" X 36") Two Way Left Turn Oniy .EA 4 $ 1 50 ..00 . 700-40-i W2-1 (30" x 30") CrossRoad ....:" EA 1 $ 150.00 70040-1 [Text Only) Prosperity Farms Road - Next Signal EA 1 i 260,00 .. 706-3-i ReflectivePavement Marker, Bi-Directional, Colorless/Red EA 254 ¯ $ 5.20 706-3-2 Reflective Pavement Marker, Bi-Directional, Amber EA 165 $ 5.20 .. .. 7il-4"Direetional Arrows~ (Thermoplastic)EA 30 $ 40. O0 711-33.61 Skip Traffic (6" Thermoplastic) White LF - 9,662 $.45. 711-34-61 Skip Traffic (6. Thennoplnstic)Yellow LF ¯ 2,014.$ 4 5 ¯ 711-36-61 Solid Traffic Stripe (6"), (Thermoplastic) Yellow LF 9,100 $..45~. 711,37-61 Solid Traffic Stripe (6"), (Thermoplastic) White LF 11,179 $.4 5 . 711-37-121 Solid Traffic Stripe (12’9, Cl’hermoplasflc) White " LF 1,035 $.9 0 711-37-241 " Solid Traffic Stripe (24’9, (Theemoplastic) White LF 243 $3. GO 715-2-115 z" PVC Conduit (Empty)LP 14,450 $.4.00 SUBTOTAL BID ITEM B: PAVEMENT MARKINGS & SIGNAGE ITEMS AMOUNT $ 855.00 $. 135.00 $- 50.00 $ ~2,100.00 840.00 ~ 1,050.00 300,00 600.00 ,150.00 :$ .260.00 $. 1,320.80 ¯858.00 $. 1,200.00 $ 4,347.90 $ 906~30 $ 4,095100 $ 5,030..55 $93i.50 $ 729.00 $~57,800.00 $ 83,559.05 BP-3 BID PROPOSAL ."FOR ¯BURNS ROAD EAST OF GARDENS EAST BOULEVARD TO PROSPERITY FARMS ROAD Note: All prices shall include the cost of.furnishing all labor, equipment, tools, material, supplies, testing, . ’transportation, furl, and services necessary for complete installation as per the plans and specifications. ITEM #ITEM "UNIT QUANT UNIT PRICE Bid Item C: SEWER & WATER (SEACOAST UTILITIES) ITEMS " - "~SUA-01.Reconnect to Existing 6" D.I.P.Water Main (inc. reloc. DDC)EA 1 $] t O~30. UU SUA-02 Reconnect to Existing S" Water Maln EA 3 $ 1,620.00 SUA-03 Reconnect to.Existing 10" Water Main EA 4 $ 2 ! 160. GO SUA-04 .Remove Section of 10" A.C. WAL :"LF 100 $ 33.00. " SUA-05 Remove Existing 8" ware, Main LF 1o $ 33.00 SUA-06-Remove Existing 6" Water Maln LF . 10 $ 33~00 SUA-07 Grout Solid 10" A~C. Water Main." "LF 3,580 $ 6,50 SUA-08 10" Ductile Iron Pipe Water Main LF 3,650 $ 28.1 0 ." SUA-09 8’"Ductile Iron PipeWater Main " "LF 39 $ 3 3.00 ¯ SUA-10 6" Ductile lron Pipe Water Main.".¯:i LF 100 $: 25.00 SUA-11 4" Ductile Iron Pipe Water Main LF 45 t .. 22,00 SUA-12 10" Gate Valve EA ¯ 9 ~lr512:.00 SUA-13 8" GateValve "EA "3 S 972.00 SUA-14 6" Gate Valve ....EA 7.$ 540 ~00 SUA-15 Piug existing 10" W.M. at Existing Connection EA 5 $ 324.:00 SUA-16 S" Plug "EA .1 $ 324..00 SUA-17 ¯ 6" Ping EA z 3 324. O0 SUA-18 Fittings (Compact) AVVWA C153 (inc. 4" plugs)"LBS 7,500 $ 4 ~ 35 SUA-19 Recannect Existing 4" Services EA 3 3-1,296.00 SUA-20 Relocate 1-1/2"-Water Meters & Reconnect to W.M.EA 2 $ 6 50.00 " " SUA-21 Reconnect Existing l"Watex Meters and Service .EA " 2 $ 595.00 SUA-22 Fire Hydrant Assembly EA s $ 2,485.00 SUA-23 Remove Extsting Hydrant, Valve, & Valve Box " EA 5 $ 325.00 SUA-24". Sample Point. "EA 18 $ 270.00 SUA-2~Relocate Existing 4" Force Main LF 4O $ 125.0O. SUA-26 Adjust M.anhole Elevation to Match Finished Grade . EA 9 $ 351.00 SUA-27.Adjust Existing Valve Boxes to Match Finish Grade EA 4 $ 325~00 SUA-28 Remove Existing Valve Box EA 6 $ 2 7 0.00 SUA-29 Remove Existing Gate Valve and Box "EA 1 $ "380.00 SUBTOTAL BID ITEM C: SEWER & WATER (SEACOAST UTILYrIES) ITEMS $I, U~U. UU . 4,860.00. 8~640.00 3,300.00 $330.00- - 330.00 23,270~00 $I02r565.00 1,287.00 2,500.00 990~00 13,608.00 2,916.00 ~ 3r780.00 1,620.00 324.00 $. 648.00. 10,875.00 3,888.00 1.300.00 1,190.00 . 12,42,~.00 I~625~00: $4,860.00~ 5,000.00 3,!59.00 1,300.00 1,620.00 ¯ " 380,00 S219,670.00 BP-4 ITEM # ITEM . Bid Item D: LANDSCAPE & IRRIGATION SYSTEM ITEMS 162-3 16~9-999 534-70 550-2 550-75 575-1-4 570-5 ¯ 580-301-1 580-301-2 580-326-3 580-332 " 581-1 ¯ 581-2 " . "BID PROPOSAL " " .FOR . .... BURNS ROAD EAST OF GARDENS EAST BOULEVARD TO PROSPERITY FARMS ROAD .. N0te{All paces shall include the cost of furnishing all labor, equipment, tools, materiali supplies, testingl transportation, fuel, and services necessary for complete installation as per the plans and specifications. UNIT. QUANT UNiT PRICE ~inished Sod (Prepared Top Soft)" Mounding of l~dl Soil C.B~. Lahdscape Wall rype,B Fence Wooden Fence ~ate (6’W/6’ID Sod - St Augustine ’Florilam’ Fertilizer for Grass Area iStaking & Guying (Trees). . [Staking & Guying (Palms) Mulch & Bark (Shredded Cypress Bark) . : [Tree Removal DwL Crown Of Thorns. Ficos Repens 581-3 Spider Lily 5814 Parson’s Juniper 582-1 582-2 Dwarf Bougainvillea Co<opium - Horizontal 582-3 Cocoplum - Red Tip 582-4 Giant Crinum Lily . 582-5 Silve~thorn ¯ 582-6 Dwarf Yaupon Holly 582-7 Philodendron 582-9 Fakahatchee Grass . 582-10 . Florida Gama Grass " 583-1 Reyal Poinciana 583-2 Crape Myrtle’Tnscarorn’ 583-3 Tree Lignstrum 583-4 S. Fla. Slash Pine (3 gal.)" 583-5 S. Fla. Slash Pine (10 gal.) 583-6.S. Fla. Slash Pine (B&B) 583-7 Live Oak (16’-18’) 583-8 .Live Oak (24’-26’) 584~-9 Medjool Dale Palm Sabal Palm584-10 590-7 740-71-144 Irrigation System Screen Wall - Pre-Cast AMOUNT SY CY LF LF LS SY EA. SY EA PL PL PL PL PL PL PL PL. PL PL PL PL PL PL PL PL PL PL PL PL PL PL 20,780 2,010 396 7O $ .2.75 $ 6.00 $ 164.0O $ ’. 25.0U $ 250~00 $ $. $ $ 14,050 1 135. 8,480 .22 ¯ 2,090 276 $ 1,190 540 2.60 $ 2,000.00 " S. 57,1.45.00 12,060.00 64,944".00 ],IbO.OO 250.00 36,530.00 ¯11.00 16.80 3.25 ¯ 150.00 4.50 7.25 $ $ $ $ $ $ $. 2,000.00 2t728.00 2,268.00- 27,560.00 3t300.00 -7,001.50 1,242.00 mo~.9.00 1,om !$I0.00 27.5 $ 33.60 20 451 1,065 896 $39.00 $ 7.80 7,80 7.25 789 $ 7.30 310 $ 7.30 4 S 235;00 38 66 30 20 44 $ 207.00 $. 615.00 $ 9.00 $ 50;00 $185.00 $75b.00. 5,355.00 3,915..00 7,470.00 ior8oo.oo 7~56o.oo 78o.0o 3t5.I.7.80 8,307,00 6,496.00 5,759.70 2,263.00 940.00 7t866.00 22,140,00 594,00 ¯ 1,500.00 .3,700;00 33,264.00 lO $ 1.450.00 S .14.500.00 16 $ 5,000.00 S 80,000.00 16,065.00119 $ 135.00 1 $73t248.00 S 73e248.00 1,1~ $ 150.00 $165,600,00 t SUBTOTAL BID ITEM D: LANDSCAPE & IRRIGATION SYSTEM ITEMS $ 700,419.00 BP-5 ADDENDUM ITEMS BID PROPOSAL .. BURNSROAD EAsT OF GARDENS EAST BOULEVARD TO PROSPERITY ¯FARMS ROAD Note: All prices slmll indUde the ~t’of for~sl~ng all labor, equipment, tools, mated~l, ~pplies, testing, " transportation, fuel, and services necessary for complete installation as per the plans and specifications. ITEM ..UNIT QUANT UN1T PRICE Three Million One Hundred Forty-Five Addendum# # # # ~ # Bid Price Of Addendum Item :..[,TOTAL ADDENDUM ITEMS $. l ’ TOTALBIDITEMSA~B~C~D&ADDENDUMITEMS " $3,145,183-901 " .Thousand One. Hundred E/ghty-Three Dollars & Ninety Cents TOTAL BID AMOUNT Hardrives, Inc. Submitted~,.,by: (~ame. ~~.¢t_/°fBidding Firm) ¯ ~ Submitted by: (Signatare 9f Authorized Agent for Bidding lrmn) Vice President (Title) Dollars 4-2-02 Date BP-6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: Meeting Date: 04/15/02 05/02/02 Subject/Agenda Item Ordinance 22, 2002, Providing for Amendments to the Fiscal Year 2001-2002 Budget. Recommendation/Motion: Consider a motion to approve Ordinance 22, 2002 on first reading. Reviewed by: City Attorney Finance /~ ACM Other Submitted by: Allan Owens Finance Director Approved ~ City Manager Originating Dept.: Finance Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $0 (Total) $o Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attachments: Memorandum [ ] None BACKGROUND: This proposed budget ordinance amends the budget in four funds: General Fund, Recreation Impact Fee Fund, Gas Tax Fund, and Bums R.oad Capital Project. The General Fund amendments adjust revenues in line with mid-year estimates. However, it should be noted that a projected surplus in Communication Service Taxes offsets projected shortfalls in Investment Income, Sales Taxes, and Court Fines; with no effect on the overall General Fund projected revenues. In addition, the Northlake Boulevard TaskForce reimbursement from Palm Beach County, the lease agreement with Nextel, and an EMS grant for a temporary Public Education Specialist are also being properly reflected in the budget. Also reflected is the transfer from the Bums Road Capital Project Fund for the appraised value of the Westminster property, which will be used for improvements to the park. The Recreation Impact Fee Fund amendment reappropriates the fund balance from fiscal year 2001 required to complete the construction of the Parks Administration building and the Skate Park. It also reflects a FRDAP grant related to the Skate Park, which has recently been submitted for reimbursement. The Gas Tax Fund amendment appropriates the fund balance from fiscal year 2001 required to construct Howell Lane improvements, along with the anticipated contribution from Palm Beach County. The Bums Road Capital Project Fund amendment reappropriates the fund balance from fiscal year 2001, reflects the grants that have been awarded for the project, and establishes a budget for its completion. ORDINANCE 22, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF THE CITY OF PALM BEACH GARDENS BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002, INCLUSIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a Budget for the 2001/2002 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2001/2002 Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby amends the revenues and expenditures listed in the Attached Exhibit "1" and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2001, through September 30, 2002, inclusive. SECTION 2. All Ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF ,2002. ,2002. ,2002. ORDINANCE 22, 2002 PAGE 2 OF 2 MAYOR COUNCIL MEMBER VICE MAYOR COUNCIL MEMBER COUNCIL MEMBER ATTEST:APPROVED AS TO LEGAL FORM AND SUFFICIENCY: BY: CAROL GOLD, MMC, CITY CLERK LEONARD RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR VICE MAYOR COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER EXHIBIT "1" CITY OF PALM BEACH GARDENS BUDGET AMENDMENT FY 2001-02 General Fund Account # Revenues Description Action Amount Revised Budget 001-0000-314.2000 001-0000-335.1800 001-0000-351.1000 001-0000-361.0000 001-0000-369.4005 001-0000-369.4015 001-0000-334.9030 001-0000-383.0000 Communications Service Tax Half-cent Sales Tax Court Fines Interest Revenue Northlake Task Force Reimbursement Miscellaneous Revenue - Nextel Tower EMS Grant Revenue Transfer From Burns Road Fund Increase $ 335,000 Decrease (75,000) Decrease (25,000) Decrease (235,000) Increase 173,821 Increase 5,558 Increase 22,500 Increase 792,000 $ 745,000 2,475,000 275,000 265,000 173,821 5,558 72,500 792,000 Expenditures Account #Description 001-1420-515.3150 001-1200-522.4110 001-1200-522.1210 001-2080-519.6300 Professional Services - Other Telephone Expense Salaries Land and Improvements Action Amount Revised Budget Increase $173,821 $211,321 Inc~ase 5,558 23,758 Inc~ase 22,500 349,499 Inc~ase 792,000 792,000 Page 1 of 4 EXHIBIT "1" CITY OF PALM BEACH GARDENS BUDGET AMENDMENT FY 2001-02 Recreation Impact Fee Fund Revenues Account #Description 003-0000-389.0000 003-0000-334.9020 Appropriated Fund Balance Recreation Grant (FRDAP) Action Amount Increase $ 391,696 Increase 150,000 Revised Budget $391,696 150,000 Account # 003-2000-572.6300 003-2000-572.6300 Capital Outlay Capital Outlay Expenditures Description Action Amount Increase $ 275,000 Increase 266,696 Revised Budget $275,000 541,696 Page 2 of 4 EXHIBIT "1" CITY OF PALM BEACH GARDENS BUDGET AMENDMENT FY 2001-02 Gas Tax Fund Revenues Account # 016-0000-369.4000 016-0000-389.0000 Description PBC Reimbursement- Howell Lane Appropriated Fund Balance Action Amount Increase $ 42,538 Increase 42,538 Revised Budget $42,538 42,538 Expenditures Account #Description 016-3000-539.5265 Road Improvements Action Amount Increase $ 85,076 Revised Budget $ 85,076 Page 3 of 4 EXHIBIT "1" CITY OF PALM BEACH GARDENS BUDGET AMENDMENT FY 2001-02 Burns Road Fund Revenues Account #Description 026-0000-334.4900 026-0000-334.9050 026-0000-369.4010 026-0000-361.0000 026-0000-389.0000 FDOT Grant County Incentive Grant Seacoast Utility Reimbursement Interest Income Appropriated Fund Balance Action Increase Increase I ncrease Increase Increase Amount $ 3,880,000 1,341,000 34,000 67,495 5,724,206 Revised Budget $ 3,880,000 1,341,000 34,000 67,495 5,724,206 Account # Expenditures Description Action Amount Revised Budget 026-0900-519-3150 026-0900-519-3160 026-0900-519-3170 026-0900-519-6300 026-0900-519-7210 026-0900-519-9100 Professional Services - Other Professional Services - Legal Professional Services - Engineering Land & Improvements Debt Service Transfer to General Fund Increase Increase Increase I ncrease I ncrease Increase $ 246,321 59,082 426,480 9,506,976 321,843 792,000 $ 246,321 59,082 426,480 9,506,976 321,843 792,000 Page 4 of 4 0000~00 0000~00 0000~0 0000~00 0000~00 0000~0 0000~00 00000~0 0~000000 ~0~0 00000000 00000000 00000000 ~oo 00 00"00~0 0000 0000 i 0 ~LLI il 0 0 0 0 ~0 00~ 0 ~0 0 00 0 ~0 0 00~ > 0 0 0 0 ZLU > 0 (D 0 0 0 0 000~ 000~0 i 0 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 SUBJECT/AGENDA ITEM PUD-01-07 - Batt School First Reading of Ordinance 16, 2002: A request by Cotleur-Hearing, agent for Robert A. Wilcox, for a re-zoning from Planned Development Area (PDA) to a Planned Unit Development (PUD) overlay with an underlying zoning of Public/Institutional (P/I) for 9.42-acre site. The applicant is proposing to construct a 50,203 square foot private school with gymnasium, football field, and track. The subject site is located on the north side of Hood Road, west of the Interstate 95 overpass and east of the Turnpike overpass. (35-41S-42E) RECOMMENDATION Staff recommends Council hold a workshop to discuss staff concerns regarding the site plan. Reviewed by: Principal Planner "~ Talal Benoth m~4~’~) City Attorney (~ Leonard Rubin Development Compliance Bahareh Keshavarz, AICP Submitted by: "~::2~ Growth Management Director Charles K. Wu, AICP Approved by~ City Ronald M. Fer~ Originating Dept.: Growth Management: Project Manager r Kara Irwin Advertised: Date: 11/19/01 Paper: Palm Beach Post [ ] Not Required Affected parties: [X ] Notified [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [X] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯Table 1 ¯Table 2 ¯Ordinance 16, 2002 ¯ Applicant Waiver Justification ¯ Site Plan ¯ Landscape Plan ¯ Elevations [ ] None City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-07 BACKGROUND This is a vacant parcel of land with Planned Development Area zoning and there have been no previous approvals by the City affecting the site. The applicant currently leases space at the Plaza Del Mar in the Town of Juno Beach for 150 students; however, the enrollment has outgrown the space. The applicant has requested approval for 330 students at this time, with plans to return in the future to request an increase in enrollment to 500 students. LAND USE & ZONING The subject site is currently zoned Planned Development Area (PDA). The petitioner proposing a Planned Unit Development (PUD) zoning with an underlying zoning Public/Institutional (P/I). The Comprehensive Plan requires that all lands currently zoned PDA be rezoned to either Planned Unit Development or Planned Community District. The property presently has a future land-use designation of Residential Low (RL), and is designated Residential Low on the Vision Plan. CONCURRENCY The applicant received conditional concurrency from the City on September 5, 2001, for fewer than 1,000 trips. The applicant intends to operate a private school offering Kindergarten through High School (12th grade) education. The school’s proposed enrollment is kept at 330 students, in order to limit the total number of external trips generated by the site to under 1,000 trips per day. This avoids a lengthy review by Palm Beach County Traffic Engineering. In the future, if the school plans to enroll additional students in excess of the 330 approved by the concurrency review, the application will be required to undergo a cumulative review of traffic concurrency.If the cumulative total of trips is in excess of 1,000 trips, the County must review the request. PROJECT DETAILS Existing Conditions No totally intact natural vegetative communities exist on the Batt School site at this time, and much of the original vegetation has been removed and replaced with improved pasture and exotic vegetation. The entire parcel contains a few remnant slash pines, laurel oaks, sabal palms, and most of the exotic vegetation is concentrated on the fence line surrounding the property. There are no federal or state jurisdictional wetlands found on the Batt School site. To the north, east and west are vacant lands. To the south, across Hood Road, is the residential community of Westwood Gardens/Lakes. The petitioner is proposing a 50,203 square foot educational facility, which will include classrooms, a gymnasium, administrative and media centers, physical education facilities, food service facilities, a track, and a football field. The facility has concurrency for 330 students for grades K-12. 2 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-07 Art in Public Places The petitioner has been informed of the Art in Public Places requirement, should the cost of development exceed $1,000,000.00. The petitioner has indicated that the entrance fountain would be used as a location for art in public places, if required. Site Access The petitioner is proposing two access points onto Hood Road. The centrally located main entrance will provide for stacking and a drop-off/pick-up area. The second access point is located along the west property line and is designated as an exit only. The petitioner will be providing a 6-foot meandering pathway along Hood Road, as well as a 5- foot sidewalk along the entrance road into the school. This will be part of an overall pedestrian/bike system, which will tie into an overall citywide system. S(clnacle The applicant will submit a separate signage petition for review by the Planning and Zoning Commission and the City Council. Landscaping & Buffers Section 78-250 of the Code of Ordinances requires preservation of 25% of environmentally significant lands. The petitioner shall be providing 0.83 acres of preserved upland native community on site to satisfy the requirement. The petitioner shall be providing a total of 11,596 landscaping points, required for the 35.07% open space provided, which is more than double the required 15% open space for non- residential development. The site lies within the Hood Road Parkway, which requires a 90’ parkway easement with a 6’ meandering sidewalk. The applicant has met the requirements of the conceptual Hood Road parkway cross section provided in the Land Development Regulations. Parking Based on Land Development Regulations Section 78-345, elementary schools require one space per classroom, plus one space per 250 square feet of office, plus one pick up/drop off space per ten students, and High Schools require one space per classroom, plus one space per 250 square feet of office, plus one space per three students. The petitioner is proposing approximately 42 classrooms, 4,156 square feet of office space, 225 Elementary-Middle School students, and 105 High School students, equating to approximately 117 parking spaces required. The petitioner is proposing 118 parking spaces. These spaces shall be located adjacent to the administrative and academic buildings and adjacent to the athletic facilities. The petitioner is requesting a waiver to allow a one-foot reduction in the width of the parking stalls on the site. The code requires that additional square footage of open space be provided at a ratio of 1.5 square feet for each square foot of paved parking area that is reduced. The applicant has provided additional open space on site to meet the waiver requirement. The school has not provided a bus loop, since it is a private school without bus service. 3 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-07 Site Liqhting The applicant is not proposing to light the athletic field on site, since it will not be used during the nighttime. The lighting plan, provided for the vehicular parking area, meets the lighting requirements for parking areas adjacent to residential places. Phasinq The petitioner has indicated that the development will be constructed in one phase. Waiver Requests Code Section Required Provided Waiver Recommendation Section78-319(a)- Minimum Landscape 8’5’3’Support (1) Buffer Section 78-250(a)(3)(a) Min. 100’Preserve Area 78’22’Support (2) Requirements width/length Section 78-154(g)(7) Minimum Development 50 acres 9.42 acres 40.58 acres Support (3) Area Section 78-344 (I) Parking Stall and Bay 10’X 18.5’9’ X 18.5’1 foot in width Support (4) Dimensions (2) (3} The applicant has requested a waiver from the minimum buffer requirement of eight (8) feet to allow a five (5) foot buffer along the service road at the rear of the buildings. Planning and Zoning staff support the request, since the applicant has provided adequate or excessive buffers along the remaining perimeter areas on the site. The Comprehensive Plan also permits a minimum buffer width of five (5) feet for public and institutional uses such as schools. The City Forester supports the request for the waiver from the Preserve Area requirement of a minimum 100’ width~length. The area backs up directly to a wooded area, which will provide for an extension of the preserve area, which can be incorporated into future plans for the surrounding area. The applicant has also requested a waiver to the Minimum Development Area of 50 acres required for a Planned Unit Development (PUD). Since the parcel is zoned Planned Development Area (PDA), the code requires the applicant to re-zone to Planned Unit Development (PUD) or a Planned Community Development (PCD) prior development of the site. The site cannot meet the minimum area requirements of either overlay-zoning categories; however, does have adequate area to develop a school. The applicant has requested to re-zone the parcel to meet the requirements of the City’s Code; therefore, Planning and Zoning staff support the waiver request. 4 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-07 (4)Lastly, the applicant has requested a waiver from the minimum parking staff width requirement of ten (10) feet to allow nine (9) foot parking stalls. The code specifically requires a ratio of 1.5 square feet of additional open space for each square foot of parking area that is reduced. The applicant has provided the calculations to show the justification for the waiver. The applicant has provided almost twice as much open space as is required by Code. The Planned Unit Development approval allows for the granting of waivers by the City Council in exchange for increased development standards such as additional aesthetic improvements or development requirements of the applicant in exchange for the approval of the requested waivers. The applicant’s justification, which is adequate for the Planning & Zoning staff to analyze and support all waivers, is attached. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. TRAFFIC MANAGEMENT PLAN Per conditions of concurrency review, the applicant was required to submit a traffic management plan evaluating traffic circulation within the site as well as traffic operations at project driveways. The traffic study was to show AM and PM peak hours of the school and determine queuing lengths during drop-off and pick-up periods and appropriate on-site storage. City Staff expressed the concern to the agent that the current layout didn’t have the extensive queuing required for the number of students currently proposed, so that Hood Road would not be affected during peak hours. As a result of the agent’s reluctance to revise the site plan, City Staff recommended a revised management plan to mitigate the potential problems. The applicant submitted a traffic management plan for the approved number of students. The plan includes staggering drop-off and pick-up times, on-site traffic control, and additional drop- off/pick-up areas on site. The applicant has worked with the City Engineer to create conditions of approval to address these concerns. The conditions of approval are extensive and require the applicant to submit a study should it be determined that a problem exists. In staff’s professional opinion, the applicant should revise the site plan at this time to alleviate the traffic management concerns, as opposed to dealing with the potential problems once development of the site is completed. PLANNING & ZONING COMMISSION A workshop for this application was held on September 25, 2001, at which time staff requested that the Planning & Zoning Commission provide direction for the applicant and staff on the issues of circulation and architecture. 5 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-07 The Commission recommended that the applicant alter the traffic circulation to remove dead end parking areas. The applicant revised the parking area in the rear of the school and the parking area to the west of the school entrance. The re-configuration allows the traffic to circulate at a complete turnaround. The Planning & Zoning Commission recommended that the applicant provide additional details on the west and north (rear) elevations. The applicant provided additional details to the windows and revised the elevations to include a wainscoting on the exterior of the buildings, including the south (front) and east elevations. On December 11, 2001, the Planning & Zoning Commission recommended approval of the petition with a vote of 7-0. The Commission had a concern regarding the lack of fencing around the entrance lake features and required the applicant to provide 42"-48" vinyl coated fencing around the entire perimeter of the lakes as a measure of safety for the children. The applicant has modified the plans to include the fencing, which was made a condition of approval. Staff contacted the Palm Beach County School District (PBCSD) for information on current regulations regarding waterbodies. The PBCSD requires fencing around waterbodies over twelve (12) inches deep, but private schools are not required to fence waterbodies. STAFF RECOMMENDATION Although the site plan can be supported with the conditions of approval submitted by the City Engineer, it is staff’s professional opinion that the enforcement of such conditions would be difficult and costly. Staff recommends that City Council hold a workshop to discuss the traffic management issue and direct the applicant to revise the site plan to adjust the queuing around the perimeter of the proposed school. Another possibility is for the applicant to acquire additional land to relieve some circulation and queuing problems. 6 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-07 EXISTING USE Subject Property Vacant North Vacant South Westwood Gardens/Lakes West Vacant East Vacant ZONING PDA (Planned Development Area) PDA (Planned Development Area) Planned Unit Development (PUD) overlay with underlying zoning of Residential High (RM) PDA (Planned Development Area) PDA (Planned Development Area) LAND USE Residential Low (RL) Residential Low (RL) Residential Low (RL) Residential Low (RL) Residential Low (RL) Code Requirement Minimum Building Site Area for PUD: 50 acre Proposffd Plan 9.42 acres Consistent? No (WAIVER REQUESTED) Minimum Site Width=658.47 feet Yes 100 feet Maximum Building Lot 12%Yes Coverage 40% Maximum Building Height =1story Yes 45 feet Front Setback =195 feet (parking area)Yes 25 feet Side Setback =80 feet Yes 15 feet Rear Setback =28 feet Yes 15 feet 7 Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 ORDINANCE 16, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FOR A REZONING OF APPROXIMATELY 9.42-ACRE PARCEL OF LAND FROM PLANNED DEVELOPMENT AREA (PDA) TO A PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT (PUD) WITH A UNDERLYING PUBLIC/INSTITUTIONAL (P/I) ZONING, TO BE KNOWN AS "BATT SCHOOL," BY APPROVING THE CONSTRUCTION OF AN APPROXIMATELY 50,203 SQUARE-FOOT PRIVATE SCHOOL WITH GYMNASIUM, FOOTBALL FIELD, AND TRACK, LOCATED ON THE NORTH SIDE OF HOOD ROAD,WEST OF THE INTERSTATE 95 OVERPASS AND EAST OF THE TURNPIKE OVERPASS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-01-07) from Cotleur Hearing, agent, for approval of a rezoning of approximately 9.42 acres of land from Planned Development Area (PDA) to a Planned Unit Development (PUD) overlay with a Public/Institutional (P/I) underlying zoning district to allow a 50,203 square- foot private school with gymnasium, football field, and track, located on the north side of Hood Road, west of the Interstate 95 overpass and east of the Turnpike overpass, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the planned unit development (PUD) known as "The BATT School"; and Ordinance 16, 2002 Meeting date: May 2, 2002 Date Prepared: April 22, 2002 WHEREAS, on December 11,2001, the City’s Planning and Zoning Commission has reviewed said application and recommended its approval, including the requested waivers, subject to conditions of approval. 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 hereby approves the re-zoning of an approximately 9.42 acre parcel of land from Planned Development Area (PDA) to a Planned Unit Development (PUD) overlay with Public/Institutional (P/I) underlying zoning district, known as "The BATT School", and the construction of a 50,203 square foot private school with gymnasium, football field, and track, located on the north side of Hood Road, west of the Interstate 95 overpass and east of the Turnpike overpass, as more particularly described in Exhibit "A" attached hereto and incorporated herein. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Surface Water Manaqement No construction of any portion of the Surface Water Management System shall be undertaken without first submitting to the City plans, specifications, and supporting calculations for review and approval by the City. Further, the applicant shall provide the City with all correspondence to and from Northern Palm Beach County Improvement District and South Florida Water Management District regarding the Surface Water Management System. (City Engineer) Transportation /Traffic Concurrency Prior to issuance of the first Certificate of Occupancy, the applicant, successors, or assigns shall provide an exclusive right-turn lane with minimum storage of 295 feet plus a fifty-foot (50’) taper along Hood Road at the eastern project driveway. This right-turn lane shall extend to the western project driveway. (City Engineer) The total capacity for this site at completion shall be limited to a maximum of 225 Elementary-Middle School students and 105 High School students. The total number of students shall not exceed 330 as indicated in the traffic impact analysis. An annual report indicating the number of students shall be submitted to the City on or before September I st of each year, until the build-out date occurs. Any increase of enrollment beyond the specified numbers contained herein shall require additional concurrency review and approval by the City and Palm Beach County. (Planning Zoning and Code Enforcement) 2 Ordinance 16, 2002 Meeting date: May 2, 2002 Date Prepared: April 22, 2002 o The build-out date of this project is December 31,2003 as referenced in the August 13, 2001 Concurrency Traffic Impact Analysis. For the purposes of this condition, the project shall be considered built-out if the student enrollment has reached the level as indicated in the traffic impact analysis. (Planning & Zoning) Two traffic studies shall be prepared and presented to the City for review and approval. The first study is required once the school has reached 75-percent student capacity (248 students), and the second study is required once the school has reached 100-percent student capacity (330 students). These studies shall analyze traffic operations along Hood Road and the project driveways during three consecutive school days. It shall identify existing queuing lengths for vehicles entering the site during school days and conflicts with through vehicles on Hood Road. (City Engineer) At such time as the required traffic studies indicate that the through traffic along Hood Road is being impacted by school generated traffic, then the applicant shall implement the following: a. The applicant shall provide off-duty police control along Hood Road during the peak school hours. If after two months, the applicant deems the off-duty police control is no longer necessary, then the applicant may submit a new traffic study to the City for review to determine if the off-duty police control is needed. If removal of the off-duty police control is approved, the City will reserve the right to require off-duty police control at any time, to be paid for by the applicant, if the through traffic on Hood Road is being impacted in the future. The City also reserves the right to request a traffic study, to be paid for by the applicant, to determine if the off-duty police control is sufficient to eliminate the impact on Hood Road. b. The applicant shall implement an Alternate Traffic Circulation Plan to allow additional vehicle storage, within two months of the approval of the traffic study referenced in subsection (5). Within one month of the implementation of the on- site circulation improvements, a new traffic study shall be prepared by the applicant and presented to the City for review and approval. The study shall analyze traffic operations along Hood Road and the project driveways during three consecutive school days. It shall identify existing queue lengths for vehicles entering the site during school days and conflicts with through vehicles on Hood Road. CPTED Conditions 7.Metal halide lighting is required. (Police) 8.All classroom doors shall have windows 3" X 18" glass portals with wire mesh as reinforcement. (Police) 9.There shall be no nighttime outdoor athletic activities on the site. (Planning & Zoning) 3 Ordinance 16, 2002 Meeting date: May 2, 2002 Date Prepared: April 22, 2002 Landscapinq and Maintenance 10.Within six (6) months of this approval, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping and irrigation, or no further permits or inspections will be issued for the project site, until said landscaping and irrigation are completed. (Planning & Zoning) 11.Prior to the issuance of final Certificate of Occupancy, all exotic vegetation shall be removed from the site. (City Forester) 12.Unless higher fencing is required, a 42"-48" black or green vinyl chain link fence shall be placed around both lakes with landscaping, approved by the City Forester, on the outside of the fence. The fence shall be covered with confederate jasmine. (Planning & Zoning) 13.At time of planting, the live oaks shall be 14’-16’ in height; magnolias 14’-16’ in height; and the mahoganies 12’-14’ in height. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1. Section78-319 (a)- Minimum Landscape Buffer, to allow for a minimum 5-foot rear landscape buffer. The Land Development Regulations require a minimum of 8 feet. 2. Section 116(a)(3)(a), Minimum Dimension and Total Area of Preservation Areas, allow for a minimum 78-foot width. The Land Development Regulations require a minimum of 100 feet in width. 3.Section 78-154(g)(7) - Minimum Development Area for PUDs, to allow a maximum development area of 9.42 acres. The Land Development Regulations require a minimum of 50 acres. 4.Section 78-344 (I), Parking Stall and Bay Dimensions, to allow for 9’ X 18.5’ standard parking stalls. The Land Development Regulations require 10’X 18.5’ parking stall dimensions. SECTION compliance with Department: 4.Construction of the Planned Unit Development shall be in the following plans on file with the City’s Growth Management 1.March 6, 2002, Site Plan by Cotleur & Hearing, Sheet 1 of 1. 2.March 6, 2002, Landscape Plan by Cotleur & Hearing, 3 Sheets. 3.August 1,2001 Photometrics by Cotleur Hearing, Sheet 1 of 1. 4.September 25, 2001, Preliminary Site Plan, Floor Plans, and Elevations by Peacock and Lewis, Sheets SD-1 through SD-7. 5.Letter dated March 7, 2002, from Kahart Pinder to Sean Donahue, 1 page. 4 Ordinance 16, 2002 Meeting date: May 2, 2002 Date Prepared: April 22, 2002 SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. SIGNED: MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN ANNIE DELGADO COUNCILMAN JOSEPH R. RUSSO ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK CITY ATTORNEY 5 Ordinance 16, 2002 Meeting date: May 2, 2002 Date Prepared: April 22, 2002 VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILWOMAN DELGADO COUNCILMAN CLARK COUNCILMAN RUSSO AYE NAY ABSENT 6 Ordinance 16, 2002 Meeting date: May 2, 2002 Date Prepared: April 22, 2002 EXHIBIT A A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST PALM BEACH COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SW ¼ OF THE NE ¼ OF THE NW ¼ OF SAID SECTION 35, TOWNSHIP 41 SOUTH RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE RIGHT-OF-WAY FOR HOOD ROAD. 7 Introduction: TT Gchool Waiver Request Document The BATT School is seeking Council approval of four (4) waivers as permitted by the City of Palm Beach Gardens Land Development Regulations (LDR) for various development regulations pertaining to site plan approval. The 9.42-acre parcel is located on the north side of Hood Road, between the Florida Turnpike and Interstate 95. The site will be developed as a 44,969 square foot private school. The project, as proposed, is compatible with the character of the surrounding area. The project is also consistent with the City’s Comprehensive Land Use Plan and the requirements of the Land Development Regulations. Cotleur & Hearing 1934 Commerce Lane, Suite I Jupiter, Flodda 33458 561 747 6336 Fax 747 1377 Waiver Justification BATT School August 31, 2001 Waiver l~equests: Minimum Perimeter Landscape ~uFFers Section 160(a) "Minimum landscape buffer requirement" Section 160(a) requires a minimum 8’ wide landscape buffer for all perimeter landscape buffers. A waiver to this requirement is requested for a portion of the north boundary of the site. All other perimeter buffers meet or exceed the LDR requirement. The requested buffer width reduction is requested to accommodate the required minimum pavement width of 20’ for the service access road to the rear of the site. It should be noted that the requested reduced buffer is less than 50% of the boundary and very little traffic is anticipated in this area of the site. The remaining area of the north boundary is designated as preservation which will screen any future devetopment. A~so, Policy 1.1.1.7.2.e of the Future Land Use Element of the Comprehensive Plan permits a minimum buffer width of 5’ for public and institutional uses such as schools. 2) Minimum Preservation Width Requirement Section 116(a)(3)(a) "Minimum Dimension and Total Section 116 of the LDRs requires a minimum 100’ width for preserve areas. A reduction in this requirement is requested to allow a minimum width of approximately 80’. The proposed on site preservation area meets the acreage requirement, but can not meet the minimum width requirement. It is anticipated that when the site to the north is developed, preservation will be provided adjacent to this proposed preservation site which will increase to overall size of the preserve area. 3) Minimum Parking Space Width Section 179(L)(1) "Minimum Dimensions" Section 179(L)(1) of the LDRs specifies a standard parking space dimension as 18.5’. The LDR also permits 9’ x 18.5’ parking stalls for office uses and 9.5’ x 18.5’ for commercial and retail uses. This request is for a reduction in the typical parking space for the BATT School to 9’ x 18.5’. A school is similar to an office use in that very little parking space turnover occurs during the day. Once a student or teacher is at the school, they usually will remain until the end of the day. Therefore, a reduced parking stall is functional and reduces the amount of impervious surface on the site. As required Colleur & Hea~ng 1934 Comme~’ce Lai’~, Suite I Jupltei’, Florlda 33458 561 7476336 Fax747 1377 Waiver Justification BATT School August 31, 2001 by code ratios, additional landscape has been provided for the reduction in parking space area. 4)M/n/mum PUD Acreage Table 14 "Minimum PUD Development Size" Table 14 of the LDRs establishes the minimum PUD acreage for sites located north of PGA and east of the Florida Turnpike at 50 acres. The BATT School site is located within this geographic area and is 9.42 acres. The BATT School site is currently located within RL land use and the PDA zoning district. The Palm Beach Gardens Comprehensive Plan requires that all PDA sites become a PUD. Based on this Comprehensive Plan requirement, we have requested a residential PUD with RL-1 underlying zoning. The site could be developed according to the RL-1 development standards without a PUD classification. A PUD has been requested to satisfy the Comprehensive Plan requirement. Cotleur & Hea~Ing 1934 Commerce Lane, Suite I Jupiter, Florida 33458 561 747 6336 Fax 747 1377 PIRDER TROUYMAN CONSULTING, INC. ’-Transportation Planners and Engineers March 7, 2002 Mr. Sean Donahue, P.E. LBFH, Inc. 3990 SW Corporate Parkway Palm City, FL 34990 Re: Batt Private School - #PTCO0-151] Dear Mr. Donahue: 23~4 South Congress Avenue, Suite 1H West Palm Beach, FL 33406 (561) 434-1644 Fax 434-1663 Emaih pindertroutman@msn.com This letter is in response to your request for a copy of the starting / ending times of the Bait School. Currently, the school begins at 8:45 AM and ends at 3:00 PM. There are a total of 165 students. The pre-Kindergarten classes (consisting of 20 children) are dismissed at 2:00 PM. When the Hood Road school site opens, it is the School Officials’ intent to use the following schedule for the school’s 330 students: Morning drop-off begins Commencement of School Commencement of Pre-Kindergarten Time Number of Students 8:00 AM 8:4S AM 290 9:00 AM 40 Dismissal of Pre-Kindergarten Dismissal of Elementary Dismissal of Middle School 2:00 PM 40 2:45 PM 190 3:15 PM 100 Please note that approximately 50% of the student population has siblings attending this school, so some flexibility will be given to the parents regarding drop-off I pick-up times. Otherwise, the parents may be increasing the number of trips made to the school each day, I anticipate that this letter will satisfy the City’s requiremenl~ However, if you should have any questions, please contact me. Principal CC:Roy Yarnell. Brian Cheguis Leffer Donahue 00-158 3-7-02 Palm Beach Gardens, FL ~ ’~ ~att ~choo! Palm Beach Gardens, Fla. The ~i~tt Schoo! Palm Beach Gardens, Fla. I!1ti c [ I’ II :i m CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: May 2, 2002 Date Prepared: April 19, 2002 SUBJECT/AGENDA ITEM PCD-02-01: FRENCHMAN’S RESERVE PCD AMENDMENT Workshop/First Reading - Jennifer Morton of Land Design South, agent for TBI/Binks Estates, Ltd., is requesting approval for amendments to the Frenchman’s Reserve Planned Community District (PCD), to allow for a reconfiguration of the northeastern buffer to accommodate a 12- foot wall, re-location of a Seacoast Utility easement and well site, changes to certain conditions of approval, adding additional conditions, allowing issuance of building permits prior to completion of roadways within residential pods. The Frenchman’s Reserve PCD is generally located just east of the intersection of Hood Road and Alternate A1A. (31-41S-43E) RECOMMENDATION Staff recommends approval of Ordinance 19, 2002. Reviewed by: Principal Planner Talal Benoth~P ~it:a~t~rne~N.~ Human Res. NA Submitted by: -~,~.:_~ Growth Management Director Charles K. Wu, AICP Approved b/¥~..~ City Mana~ Ronald M. Ferris Originating Dept.: Growth Management: Project ~Manager Edward To~~, AICP Advertised: Not Required ;)Affected parties: [ X ] Notified [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Ordinance 19, 2002 ¯ Frenchman’s Reserve PCD Master Plan ¯ Master Plan detail ¯ 12-foot wall elevations ¯ landscape plans ¯ Double wall elevation ¯Letters: Frenchmans Creek Fire Department Seacoast Utilities City Council Meeting Date: May 2, 2002 Date Prepared: April 19 2002 PCD-02-01 BACKGROUND Ordinance 4, 2001, originally approved the Frenchman’s Reserve Planned Community District (PCD). The PCD was approved for a total of 530 dwelling units, 430 of which were single-family, 100 of which were multi-family. The approval also provided for the extension and dedication of Hood Road to Palm Beach County. The Hood Road extension must meet the requirements of the City’s Parkway Overlay District, as required by the City’s Comprehensive Plan. These requirements include provisions for landscaping and pedestrian facilities within a 55-foot easement. Due to the proximity of Hood Road to the adjacent community of Frenchman’s Creek, the developer has utilized a large portion of land directly adjacent to the Hood Road parkway as preserve, to help buffer the new community and county road from the existing development. PROJECT DETAILS 12-foot wall alon¢~ Hood Road parkway Due to the proximity of Hood Road to the Frenchman’s Creek community, sound mitigation has been a priority as part of the design of the Hood Road parkway. As part of this mitigation, the initial design of the parkway provided for a combination berm/wall along the northern side of the parkway. The combination varies from a three to six-foot berm with a two-foot wall on top, to a six-foot berm with a six-foot wall on top. The six- foot berm/six-foot wall combination is located at the northeast corner of the PCD, where the Hood Road parkway is closest to the neighboring Frenchman’s Creek community. Two issues have arisen during construction of the Hood Road parkway in this location: (1) Seacoast Utilities Authority has a concern that the six-foot berm will restrict access to their 12-foot foot wide easement that bisects the parkway in this location. The easement is for an existing main line running east-west through the PCD that is being relocated. (2) The Frenchman’s Creek community had a concern that the planned six-foot wall top of the six-foot berm, would require the removal of existing vegetation of substantial size, thus further exposing the community to the Hood Road parkway. The applicant is proposing a solution that would replace the six-foot wall/six-foot berm combination with a 12-foot wall for a 550-foot length section of the Hood Road parkway. All other sections of the parkway shall remain unchanged. A 12-foot wide section of the 12-foot wall shall be re-moveable at the point where the Seacoast mainline easement City Council Meeting Date: May 2, 2002 Date Prepared: April 19 2002 PCD-02-01 bisects the parkway. This shall provide adequate easement access for Seacoast Utilities. The 12-foot wall would also be located further south (away) from Frenchman’s Creek than the approved six-foot wall/berm, thus allowing for the existing landscaping to remain, while maintaining a visual and sound buffer on Hood Road. The 12-foot wall is proposed to run to the existing maintenance entrance into the Frenchman’s Creek community which is located just to the west of the end of the existing Flamingo Road. The maintenance entrance shall be screened with a solid material gate that connects to an existing 8-foot high chain link fence at the western end of "The Sanctuary" community preserve. Waivers Section 78-186 of the Land Development Regulations (LDRs) requires that fences and walls within residentially zoned districts may be erected or maintained at a height not to exceed 6 feet in height. The applicant must request a waiver from the LDRs to allow for a 12-foot wall. Staff supports the 12-foot wall waiver request because the applicant has provided sufficient justification to meet the requirements of Section 78-155 PCD Planned Community Development overlay district, by providing innovative and creative design, aesthetically pleasing architecture and open spaces, as well as conservation of natural resources and open spaces through preservation throughout the Frenchman’s Reserve PCD. The 12-foot wall alternative provides for another opportunity to achieve these goals within the PCD, while protecting existing vegetation and providing for minimum noise encroachment into adjacent communities. The City Forester has reviewed the plans and has recommended that the applicant provide for a creeping fig vine planting for the eastern section of the wall, in addition to the five-foot hedge, since this section is closest to Hood Road and most visible from the communities to the east (Frenchman’s Landing and The Sanctuary). This section is also directly parallel to the Seacoast mainline easement, so landscaping in front of this section of the wall is restricted. Relocation of Seacoast Easement, including Easement Entry onto Alternate A1A and 2,500 square foot well site. The applicant is requesting to amend the master plan to allow for an east-west Seacoast main line to be re-located from the approved 50 feet from the northern property line, to 78-feet. The buffer relocation shall reduce the buildable area in Pod H of Frenchman’s Reserve, but will increase the buffer/preserve area between Pod H and Frenchman’s Creek. The applicant has provided an elevation detail of the 40-foot wide City Council Meeting Date: May 2, 2002 Date Prepared: April 19 2002 PCD-02-01 easement at the entrance into the Frenchman’s Reserve PCD, from Alternate A1A. Frenchman’s Creek supports increasing the buffer preserve between Pod H and their community. (please see attached letter) The applicant has also reflected on the master plan a 2,500 square-foot well site to be utilized for ground-water recharge for lakes within the PCD, as well as a supplemental well for reclaimed water. Amendinq Conditions of Approval to allow for buildinq permits prior to completion of roadways. The applicant is requesting an amendment to Condition No. 26 of Ordinance 4, 2001, to allow for the issuance of building permits for non-models prior to the completion of roadways within residential parcels. This is consistent with the condition set forth in the Evergrene PCD, and shall provide the developer with greater flexibility for construction within these parcels. The City Engineer has reviewed the proposed language and supports the changes with additional conditions of approval to assure safety, health and public welfare. The proposed language is as follows: Condition No. 26: Prior to the issuance of the first ~’,’"’~= ..... "~=* Certificate of Occupancy for each pod with the exception of the model center, the supporting infrastructure of said pod shall be constructed and approved by the City. The roadway portion of each pod shall be constructed to a point of substantial completion. Substantial completion for the roadway within the pod is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. Staff notes that the installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion. (City Engineer) In addition to Condition No. 26, the City Engineer’s office has requested two additional conditions of approval: New Condition No. 66: Prior to the issuance of the first building permit, the applicant shall install and have operational, temporary roadways and fire hydrants approved by the City Engineering and Fire Department. (City Engineer and Fire) New Condition No. 67: The applicant, successors and assigns shall use the sales center located within Frenchman’s Reserve Pod G (Model City Council Meeting Date: May 2, 2002 ; Date Prepared: April 19 2002 PCD-02-01 Center) for customer parking, and shall use a sales representative to escort visitors to the models on site. (Growth Management). New Condition No. 68: The applicant shall show on the plats of the parcels the Palm Beach County flowage easement for the drainage of the Hood Road extension. If parcels have been platted, then the applicant shall replat the parcel to show the easement. The City’s Fire Marshal has reviewed the plans and has no concerns. (see attached) Seacoast Utilities Authority has reviewed the plans and has no concerns. (see attached) STAFF RECOMMENDATION Staff recommends approval of Ordinance 19, 2002 with the conditions of approval recommended by staff and the one waiver request to allow for a 12-foot high wall. G:ed/2002/pcd0201st Last Revised:April 12, 2002 April 15, 2002 April 19, 2002 ORDINANCE 19, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 4, 2001, WHICH APPROVED THE FRENCHMAN’S RESERVE PLANNED COMMUNITY DISTRICT BY AMENDING THE CONDITIONS OF APPROVAL RELATING TO ISSUANCE OF BUILDING PERMITS PRIOR TO COMPLETION OF CERTAIN INFRASTRUCTURE AND ADDING A NEW CONDITION; AND AMENDING THE PCD MASTER AND BUFFER PLANS TO ALLOW FOR A 12-FOOT WALL, EASEMENT RELOCATIONS, AND AWELL SITE LOCATION AT THE SITE, LOCATED APPROXIMATELY DIRECTLY EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE AIA; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 4, 2001, providing for a development of an approximately 434.19-acre Planned Community District (PCD); and WHEREAS, the City of Palm Beach Gardens received an application (PCD-02-01) from TBI/Binks Estates LP, for approval of amendments to, and the addition of, conditions of approval and amendments to the PCD Master and Buffer plans of the "Frenchman’s Reserve PCD," which is located directly east of the intersection of Hood Road and Alternate A-l-A; and WHEREAS, the 434.19 acre "Frenchman’s Reserve PCD" site is currently zoned Planned Community District (PCD) with a future land-use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and has determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval. 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 hereby Ordinance 19, 2002 Date Revised: April 15, 2002 approves amendments to, and the addition of, conditions of approval placed on the "Frenchman’s Reserve PCD" and amendments to the master plan and buffer plans. The subject site is located directly east of the intersection of Hood Road and Alternate A1A, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2. The City Council hereby amends Ordinance 4, 2001, by modifying condition of approval Number 26 to read as follows: Condition No. 26: "Prior to the issuance of the first ~ Certificate of Occupancy for each pod with the exception of the model center, the supporting infrastructure of said pod shall be constructed and approved by the City. The roadway portion of each pod shall be constructed to a point of substantial completion. Substantial completion for the roadway within the pod is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. Staff notes that the installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion. (City Engineer)" SECTION 3. The City Council hereby amends Ordinance 4, 2001, by adding new conditions of approval numbers 66, 67 and 68 to read as follows: Condition No. 66: Prior to the issuance of the first building permit, the applicant shall install and have operational, temporary roadways and fire hydrants approved by the City’s Engineering and Fire Department. (City Engineer and Fire) Condition No. 67: The applicant, successors and assigns shall use the sales center located within Frenchman’s Reserve Pod G (Model Center) for customer parking, and shall use a sales representative to escort visitors to the models on site. (Growth Management). Condition No. 68: The applicant shall show on the plats of the parcels the Palm Beach County flowage easement for the drainage of the Hood Road extension. If parcels have been platted, then the applicant shall replat the parcel to show the easement. SECTION 4. The following waiver is hereby granted with this approval, as follows: (1)A waiver from Section 78-186 of the Land Development Regulations, to permit a 12-foot wall within a residentially zoned district. The Land Development Regulations permit a maximum wall height of six feet. 2 Ordinance 19, 2002 Date Revised: April 15, 2002 SECTION 5. The City Council amends Ordinance 4, 2001, by modifying the PCD Master Plan and Buffer Plans to include a 12-foot wall, a relocated easement and entrance, and a 2,500 square-foot well site, as shown in the amended PCD Master and Buffer Plans included as Exhibit "B" hereto. SECTION 6. Construction of the Planned Community District shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)March 26, 2002 PCD Master Plan, Land Design South, 1 Sheet. (2)April 4, 2002 PCD Master Plan NW Corner Blow-Up, Land Design South, 1 Sheet. (3)April 15, 2002 Hood Road Landscape Plan, Urban Design Studio and Krent Wieland, Sheet LAHR-7. (4)April 15, 2002 Northwest Property Corner Detail, Urban Design Studios, 2 Sheet (5)April 15, 2002 Hood Road Wall Elevations, Urban Design Studio, 1 Sheet SECTION 7. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 8. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 9. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO 3 Ordinance 19, 2002 Date Revised: April 15, 2002 COUNCILWOMAN DELGADO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK LEN RUBIN, CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO AYE NAY ABSENT 4 EXHIBIT "A" (next page attached) FLAMINGO ROAD IFGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION ,..31, TOWNSHIP 4-1 SOUTH, RANGE 4,.3 EAST, PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 31; ]:HENCE SOUTH 02 10’27" WEST ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 2663.31 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 31; THENCE SOUTH 02 10’58" WEST ALONG THE EAST LINE OF SAID SECTION ,.31, A DISTANCE OF 1409.,53 FEET TO A POINT ON THE NORTHERLY CANAL RIGHT--OF--WAY LINE, AS SHOWN ON PLAT NO. 1 PALM BEACH CABANA COLONY, AS RECORDED IN PLAT BOOK 26, PAGES 203 THRU 205, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THE FOLLOWING COURSES BEING ALONG SAID CANAL RIGHT--OF--WAY LINE UNLESS OTHERWISE DESCRIBED;THENCE NORTH 88 44’50" WEST~ A DISTANCE OF 150.02 FEET; THENCE SOUTH 02 10’58" WEST, A DISTANCE OF 14.84 FEET; THENCE NORTH 88 44’.50" WEST, A DISTANCE OF 1343.¢6 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A CENTRAL ANGLE OF 16 10’50" AND A RADIUS OF 1460.00 FEET;THENCE WESTERLY ALONG THE ARC OF SAID CURVE_DAPOINTOFTANGENCY;THENCE NORTH 34’00"ISTANCE OF 412.31 FEET TO A 72 WEST, A DISTANCE OF 410.43 FEET;THENCE NORTH 58 44’50" WEST, A DISTANCE OF 469.61 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST,HAVING A CENTRAL ANGLE OF 60 00’00" AND A RADIUS OF 220.00 FEET;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 230.38 FEET TO A POINT OF TANGENCY;THENCE NORTH 01 15’10" EAST, A DISTANCE OF 167.22 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 90 00’00" AND A RADIUS OF 275.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 431.97 FEET TO A POINT OF TANGENCY;THENCE NORTH 88 44"50" WEST ALONG THE NORTHERLY REMAINING PORTION OF SAID CANAL RIGHT--OF-- WAY AND THE NORTHERLY LINE OF THE PLAT OF PALM BEACH CABANA COLONY COMMERCIAL AREA, AS RECORDED IN PLAT BOOK 27, PAGE 59, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 2090.01 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ALTERNATE A--1--A (STATE ROAD NO. 8) RECORDED IN OFFICIAL RECORD BOOK 3694,PAGES 1690 AND 1691, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;THENCE NORTH 01 20’27" EAST ALONG SAID RIGHT--OF--WAY LINE, A DISTANCE OF 24.07 FEET;THENCE NORTH 24 46’11" EAST ALONG SAID RIGHT--OF--WAY LINE, A DISTANCE OF 65.39 FEET; THENCE NORTH 01 20’27" EAST ALONG SAID RIGHT--OF--WAY LINE,A DISTANCE OF 2911.31 FEET; THENCE SOUTH 89 02’37" EAST DEPARTING FROM SAID RIGHT--OF-- WAY LINE BEING ALONG THE SOUTH LINE OF FRENCHMAN’S CREEK PARCEL ES, AS RECORDED IN PLAT BOOK 59, PAGES 96--99, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 1448.40 FEET;THENCE NORTH 76 28’4,.5" EAST ALONG SAID SOUTH PLAT LINE A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 02’37" EAST ALONG SAID SOUTH PLAT LINE AND THE SOUTH LINE OF FRENCHMAN’S CREEK PARCEL E2, AS RECORDED IN PLAT BOOK 58, PAGES 157--160, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 3666.70 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 423.14 ACRES MORE OR LESS. SURVEYORS NOTES: 1.) THE ELEVATIONS HEREON ARE BASED ON PALM BEACH COUNTY BENCHMARKS AS FOLLOW: "DING". ....................ELEV.=12.78 N.G.V.D. 29 "LONG I1". ...............ELEV.---13.21 N.C.V.D. 29 "TROG". ...................ELEV.=l&25 N.G.V.D. 29 "PF-8".; .................ELEV.--6.71 N.G.V.D. 29 "PF-7". ..................ELEV.=6.92 N.G.V.D. 29 "SEC COR 29/32".ELEV.,= 9.59 N.G.V.D. 29 "MONET 3". ............ ELEV.=14.14 N.G.V,D. 29 THE AFOREMENTIONED BENCHMARKS WERE FOUND AS DESCRIBED BY THE PALM BEACH COUNTY SURVEY DEPARTMENT. ALL ELEVATIONS HEREON ARE RELATIVE THERETO. 2.)THE PURPOSE OF THIS SURVEY IS TO SHOW GRID TOPOGRAPHY. ON-SITE IMPRO~/EMENTS ARE NOT SHOWN HEREON. INTERIOR LIVESTOCK FENCING IS NOT DEPICTED HEREON. SHO~S HEREON ARE DEPICTED AT,200 FOOT GRID INTERSECTIONS. 3.)BEARINGS HEREON BASED UPON THE WEST LINE OF THE NORTHWEST QUARTER OF" SECTION 31/41/43. BEARING BEING N 01"40’32" E. ALL BEARINGS ARE RELATIVE THERETO. 5)41) NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED BY THIS OFFICE.NO WETLAND BOUNDARIES WERE LOCATED BY THIS OFFICE. B.)REFER TO TOPOORAPHIC SKETCH OF ALERNATE A-I-A FOR IMPROVEMENTS OF SAID RQADWAY, ?.)BELOW GROUND UTIUTIES AND SUBSURFACE ENCROACHMENTS WERE NOT LOCATED BY THIS OFRCE. 8.)NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 9.)CONTOURS HEREON WERE GENERATED BY COMPUTER MODELING THE 200’ GRID TOPO SHOWH HEREON. SAID CONTOURS DO NOT REFLECT ANY WETLAND AREAS. EXHIBIT "B" (next 9 pages attached) IS:El V~IDIOTd ’~AI~t~IVD H~V~8 tfTVd "~NI "~I~IH, IO~I~t 770,~ ~IOd ¢l~I~dVd~dd ~[A~I~[SaTI S,NVIAIHDN~Id i V(II~IO’let ’~A[~tO’}IVD HO V~t~ 14[’IVd "~A[I ~}I~tH.I.O~I~I 7[’10,[ ~lO,d (I~dVdi~~ld 3A~IaS3~ S,NVI~H:gN3~Id I OVOa O~NIINV’I=I OVOl:l OOOH i Z I Z LU ZZ 0 OZ Z crI s March 6, 2001 Mr. Ed Tombari, AICP City of Palm Beach Gardens 10500 N. Military Trial Palm Beach Gardens, FL 33410 Re;Frenchman’s Reserve Proposed Landscaping and 12-ft. Wall Along North Side of Hood Road Dear Ed: Based on the attached letter, dated February 20, 2001 and the attached graphics, Frenchman’s Creek has no objection to the proposed 12-ft. wall to be erected on our property along the North side of Hood Road. Frenchman’s Reserve is to provide us with the necessary legal documentation declaring their obligation for perpetual maintenance of the wall. If you should have any questions, please call me at 775-6400 ext. 375. Sincerely, _,,,~’~Be~-~d F. Polselli Director of Administration FRENCHMAN’S CREEK 13495 Tournament Drive ¯ Palm Beach Gardens, Florida 33410-1299 ¯ (561) 622-8300 ¯ Fax (561) 624-2790 ¯ P.O.A. Fax (561) 622-8891 March 6, 2001 Mr. Ed Tombari, AICP City of Palm Beach Gardens 10500 N. Military Trial Palm Beach Gardens, FL 33410 Re;Frenchman’s Reserve Proposed Landscaping and Fencing The Seacoast Utility Easement at Pod H Dear Ed: Based on the attached letter, dated February 20, 2001 and the attached graphics, Frenchman’s Creek has no objection to the proposed landscaping, removable panel walls, and 8-ft chain link fence and gates, across and adjacent to the existing and proposed Seacoast Utility Authority easements and water and sewer facilities. We would prefer that the 15-ft gate proposed for the left side of the Seacoast Utility Easement entrance off Alternate A1A be moved to the right side of the easement opening and that the proposed landscaping along the fence be planted up to the gate post. If you should have any questions, please call me at 775-6400 ext. 375. ,/-)Sincerely, .~Ber~rd F. Polselli Director of Administration FRENCHMAN’S CREEK 13495 Tournament Drive ¯ Palm Beach Gardens, Florida 33410-1299 ¯ (561) 622-8300 ¯ Fax (561) 624-2790 ¯ P.O.A. Fax (561) 622-8891 Ed Tombari From: Sent: To: Subject: Scott Fetterman Friday, April 12, 2002 9:17 AM Ed Tombari Frenchman’s Reserve, Ordinance 4, 2001 Ed, The Fire Rescue Department has reviewed the Development Order Amendment Application for Frenchman’s Reserve and has no adverse comments or concerns provided that the two additional conditions as requested by Engineering are included in Condition No. 26. Scott Fetterman EXECUTWE OFFICE: Seacoast .Utility Authority MailingAddress: RO, Box .109602 Palm Beach Gardens Rorlda 33410-9602 February 11, 2002 VIAFAX689-0551 Mr. Nick Mihelieh Urban Design Studio 2000 Palm Beach Lakes Blvd. The Concourse ’ : Suite 600 ’ West Paim Beaeh,.FL 33409-6582 ¯¯Re."¯ Frenchman’s,Reserve ¯. ¯ ~ LandsCaping, Wall~ Fence Crossings. ofSeacoast Utility Authority Easements at =NW Corner and E~st End of Pod H ’ " Dear-Mr. Mihelieh:" ¯ " " Basedupon the attached fax, dated 2/8/02 and received at 2:38 p.m. Seacoast .Utility Authority has no objection tothe proposed landsdaping, removable panel walls, and chain link fence¯ and. gates, acros~ and. adjacent to the existing and proposed Seacoast Utility Auttiority easements, and water and sewer facilities. " ¯, Should you have anyquestions, please call me at.extension 310. ¯ ¯ " Sinc6rely, SEACOAST UTILITY AUTHORITY c Serra, P E Engineer cat cc:Bruce Gregg ¯ . "Jim Lance ¯ 4200 Hood Road, Palm Beach Gardens, Florida 33410-2198 Phone: Customer Service (561) 627-2920 / Executive Office (561) 627-2900 ! Fax (561) 624-2839 EXECUTIVE OFFICE: SeacoastUtilityAuthority Mailing Address: P.O. Box 109602 Palm Beach Gardens, Florida 33410-9602 February 19, 2002 VIA FAX: 799-4281 Mr. Edward Tombari Planning and Zoning Division City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Frenchman’s Reserve - Hood Road Parkway Wall Dear Mr. Tombari: We have no comments on. your transmittal dated February 13, 2002 concerning the referenced project. Please call if you require additional information. Sincerely, ~TIL~RITY Brace Gregg (~ Director of Operations ad cc:R. Bishop S. Donahue J. Lance S. Serra 4200 Hood Road, Palm Beach Gardens, Florida 33410-2198 Phone: Customer Service (561) 627-2920 / Executive Office (561) 627-2900 / Fax (561) 624-2839 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 SUBJECT/AGENDA ITEM Petition MISC-01-25: Time Extension for PGA Commons Parcel 2 PUD First Reading of Ordinance 23, 2002, which is a request by Urban Design Studio, agent for Stephen S. Mathison, Trustee of the PGA Commons Land Trust, for approval of a two-year time extension to the build-out date, with a new expiration date of December 31, 2003, for the PGA Commons Parcel 2 Planned Unit Development located on 8.9 acres at the southwest corner of PGA Boulevard and Hickory Drive. The applicant is also requesting to amend one previous development order condition. RECOMMENDATION Staff recommends approval of Ordinance 23, 2002 on first reading. Reviewed by: Principal Planner ~ Steven B. Cra~ City Attorney(‘’=" Leonard G. RObin Development Compliance Bahareh Wolfs, AICP Submitted by: Growth Directo~ Charles~..’~u, AIC~P " Approved b~ City Mana~ Ronald M. Fe~ris/ Originating Dept.: Growth Management: Project ~,.~ Manager f ~)~ John Lindgre’n, AICP Senior Planner Advertised: Date: Paper: [X] Not Required Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: N/A [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Ordinance 23, 2002 ¯ Ordinance 8, 1999 [ ] None City Council Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 Petition MISC-01-25 BACKGROUND PGA Commons Parcel 2 PUD was approved by City Council on February 11, 1999 through the adoption of Ordinance 8, 1999 (see attached). The ordinance granted approval for the construction of 17 townhomes, 8 apartments, 6,606 square feet of general office, 7,150 square feet of medical office, 12,654 square feet of general retail, 3,300 square feet of indoor restaurant use and 1,675 square feet of outdoor restaurant use. On November 1, 1999, the City administratively approved modifications to the final square footage for the commercial portion of the PGA Commons Parcel 2 PUD for 17 townhomes, 7 apartments, 11,456 square feet of general office, 2,300 square feet of medical office, 14,140 square feet of general retail, 3,300 square feet of indoor restaurant and 1,675 square feet of outdoor restaurant. On November 27, 2000, the City administratively approved modifications to the PUD to add back one apartment unit and to covert 516 square feet of medical office to general office. To date, PGA Commons Parcel 2 PUD is currently approved for the following: ¯ 17 Townhomes ¯ 8 Apartments ¯ 14,140 square feet of retail space ¯ 11,972 square feet of general office space ¯ 1,784 square feet of medical office space ¯ 3,300 square feet of inside restaurant space ¯ 1,675 square feet of outdoor restaurant space TIME EXTENSION The City’s Land Development Regulations require that the proposed development sufficiently comply with seven criteria in order to be eligible for a time extension. Below in bold is a listing of criteria for City Council to use in the evaluation of this time extension request, as identified in Section 78-61(f)(2)c.2. The applicant’s response each criterion follows. The number, type and cost for professionals retained to design the project and secure permits or approvals, 2 b= City Council Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 Petition MISC-01-25 Because of the interrelation between the PGA Commons Parcel 2 PUD and the adjacent Parcel 3 PUD, the costs of professionals used in the design and approval of the PUDs have been grouped into one figure. Since the original approval for Parcels 2 and 3, ten professional firms have been retained at a total cost of $201,491. It should be noted that these fees did not include any of the monies used to design and secure approval for the original PUD. This continued expenditure exhibits a "good faith" effort in the development of this approved project. The number and type of permits/approvals obtained from the city and other regulatory agencies. Since the PGA Commons Parcel 2 PUD approval on February 11, 1999, the approved plans have been modified five times. The City Council, on October 7, 1999, adopted Resolution 101, 1999, which approved the Signage and Lighting for PGA Commons Parcel 2. On November 1, 1999, the City administratively approved a reduction in one apartment unit and modifications to the final square footage for the commercial portion of the PGA Commons Parcel 2 PUD. On November 27, 2000, the City administratively approved an amendment to the development program to add back the previously deleted additional apartment unit. On May 17, 2001, City staff administratively approved modifications for screen enclosure setbacks for the townhouse units. On August 22, 2001, the City also administratively approved modifications to the project’s landscape plan. As the first mixed use project within the City, the subsequent approvals to the development plans reflect the refinement of this new development type within the City. The applicant has received permits for the subject site from the South Florida Water Management District, Florida Department of Health and has pending approvals with the Florida Department of Transportation and Seacoast Utility Authority. The level of activities with regards to securing approvals and permits indicate the good faith effort in constructing and completing this project by the developer. 3 City Council Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 Petition MISC-01-25 C=The number and timeliness of plats recorded and/or phases completed, if applicable. Although the plat has not been recorded at this time, work has continued, as outlined above, on refining the development project and securing the necessary utility and governmental agreements and approvals. This work has been in preparation for the filing and recording of the plat for PGA Commons Parcel 2. The plat will be recorded prior to the issuance of the first building permit for the project. A considerable amount of work has been accomplished since the original approval in order to prepare a complete plat for the property. The level of activities with regards to providing utility and governmental easements and securing agreements with local governmental agencies indicate a good faith effort has been exuded for the progress of this project. d=The completion and/or progress of the site improvements and the expenditure incurred or the establishment of surety thereof. No construction has yet commenced on the site. However, as detailed above, the applicant has proceeded in good faith in the development of this project through the expenditure of hundreds of thousands of dollars, the submittal and approval by the City of several plan revisions and the continuing work with local utilities and government agencies to secure the necessary permits and agreements and provide easements needed prior to the commencement of construction. e. Granting of right-of-way or other public dedications. Within Ordinance 8, 1999, which approved the PGA Commons Parcel 2 PUD, the applicant agreed, through Condition #3, to provide the City with a 20-foot access easement for the maintenance of the City canal along the southern perimeter of the site. This will be provided through the plat for Parcel 2. As part of the PUD approval, the applicant also agreed to make improvements to the City canal and to maintain landscaping within the adjacent public road rights-of-way and the City canal. No right-of-way dedication was required for this project. As stated above, the applicant is continuing to work with all utility providers to locate and provide the necessary easements for the project. 4 City Council Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 Petition MISC-01-25 This continuing work on this project indicates the good faith efforts in progressing with this development. f.The marketing efforts to date and the results thereof. As discussed during the City development approval process for PGA Commons Parcels 1, 2 and 3, the focus of the marketing efforts of the project was initially centered on Parcel 1. PGA Commons Parcel 1 is now open and the marketing efforts are now focused on Parcels 2 and 3. Since the original approval for Parcel 2 and 3, approximately $7,500 has been spent on market research for the two parcels. Marketing for Parcel 2 continues and several quality tenants have expressed considerable interest in the project. The continuing marketing efforts and the expenditure of marketing funds indicates the applicant’s good faith efforts in the progress of the project. g. Financing and economic conditions. As recently reported in the Wall Street Journal, the country has been in a recession since March 2001. In addition, the aftermath of the September 11th attacks has adversely impacted the economy, in particular, the retail sector of the economy. It is arguable that this downturn in the economy has resulted temporary slowdown in the response to the project’s marketing efforts. Despite the economic conditions, the applicant has indicated the good faith efforts in marketing the project and progressing with the development of the project. Staff has determined that the applicant meets the criteria found in the code. In addition, the traffic impact analysis for PGA Commons Parcels 2 and 3 has been updated and reviewed. In the original approval, the traffic analysis for Parcels 2 and 3 were reviewed and approved together. With respect to Parcel 2, no site-related improvements are required. However, the City’s Traffic Engineer has determined that once the development of Parcels 2 and 3 creates 2,210 net new trips, there will be a need for the construction of the Kyoto Gardens Drive extension between Alternate A1A and Military Trail. The applicant can be alleviated of this condition by performing traffic counts along PGA Boulevard between Military Trail and Interstate Highway 95, that demonstrate that there is enough capacity to. complete the remainder of the project or a portion thereof. A condition of approval stating these options is included in the development order. 5 City Council Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 Petition MISC-01-25 Since the date of the original approval for PGA Commons Parcels 2 and 3, all subsequent petitions have incorporated the trips approved for this project into their review. AMENDING CONDITION #11 IN ORDINANCE 91 1999 Ordinance 8, 1999, which approved PGA Commons Parcel 2 Planned Unit Development, included condition of approval #11 that states, "Prior to the issuance of the first building permit for vertical construction, all infrastructure for the proposed project shall be completed and accepted by the City. (City Engineer, Planning Zoning)" To allow more flexibility in developing the site, the City Engineer has agreed to amend the condition to read: "Prior to the issuance of the first building permit for the residential portion of this development ,,~,.,~,--~....,.,..~,, ..-.,,...,.....,...,,* ....~i,~r~ all infrastructure fer--the ~,. .......-,~,---,,----,4 ~,.’";’~"*,-,,,-,,-, shall be complete 6empleted and acceptable a66e~eted _to l~y the City. (City Engineer, Planning & Zoning)" STAFF RECOMMENDATION Staff recommends approval of the two-year time extension to the build-out date for the proposed PGA Commons Parcel 2 Planned Unit Development, which will now expire on December 31,2003, with the conditions listed in the ordinance. Staff also recommends approval of the proposed language change to Condition #11 in Ordinance 8, 1999. 6 April 18, 2002 ORDINANCE 23, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE EXTENSION OF THE BUILD OUT DATE FOR CONCURRENCY CERTIFICATION FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF PGA BOULEVARD AND HICKORY DRIVE, KNOWN AS "PGA COMMONS PARCEL 2" PLANNED UNIT DEVELOPMENT; AMENDING ORDINANCE 8, 1999 TO REVISE A CONDITION OF APPROVAL AND ADD A NEW CONDITION OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received a request from Stephen S. Mathison, Trustee of the PGA Commons Land Trust, for approval of an extension to the approved build-out date for the "PGA Commons Parcel 2" Planned Unit Development; and WHEREAS, § 78-72(b) requires that applicants for development approval receive concurrency certification from the City of Palm Beach Garden’s Growth Management Department prior to Development Order approval; and WHEREAS, § 78-77(b) provides an allowance of a time extension whereby City Council may approve the time extension according to the conditions of § 78-77(b)(1-7); WHEREAS, the City Council has determined that the developer has proceeded in good-faith with efforts to progress the review and approval of the development. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves the time extension for the build-out date for the PGA Commons Parcel 2 Planned Unit Development to December 31,2003, as referenced in the traffic analysis prepared by Pinder Troutman Consulting, Inc., dated March 14, 2002. Section 2. The City Council hereby amends Ordinance 8, 1999 to add the following condition of approval, which shall be binding on the applicant, its successors and assigns: 29.No more building permits shall be issued for development that generates more than 2,210 daily external trips (between parcels 2 and 3) until either: a) construction begins (as determined by the Growth Management Staff) Kyoto Gardens Drive extension between Alternate A1A and Military Trail, or b) traffic counts are performed along PGA Boulevard between Military Trail and Ordinance 23, 2002 April 18, 2002 Interstate Highway 95 that show there is enough capacity to complete the remainder of the project or a portion thereof. (City Engineer) Section 3. The City Council hereby amends condition 11 as set forth in Ordinance 8, 1999, to read as follows (added words underlined, and removed words,~., °* .... ....,.~" ,.....j.", ,*~" 11.Prior to the issuance of the first building permit for the residential portion of this development ’"~""~...,.,...., .....,,..,,~.,...,.,..,,,~ ....÷~’-" all infrastructure supporting the residential development ~’-,..., ÷~,, ,.., ........~-,.-,~----,---.,4 ,..,-,;,...,~,,...j...,. shall be complete ~ and acceptable ~ to lay the City. (City Engineer, Planning & Zoning) Section 4. All other provisions of Ordinance 8, 1999 remain in full force and effect, to the extent not modified herein. Section 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. Section 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002 PLACED ON SECOND READING THIS DAY OF 2002 PASSED AND ADOPTED THIS DAY OF 2002. MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK VICE MAYOR CARL SABATELLO COUNCILMAN JOSEPH R. RUSSO COUNCILWOMAN ANNIE DELGADO 2 Ordinance 23, 2002 April 18, 2002 ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILWOMAN DELGALDO COUNCILMAN RUSSO AYE NAY ABSENT g/john: misc0125.or Good-Bye © 3 February ll, 1999 ORDINANCE 8, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF CHANNING CORPORATION XXX FOR REZONING OF 8.997-ACRES OF LAND LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD, IMMEDIATELY WEST OF ITS INTERSECTION WITH HICKORY DRIVE TO A PLANNED UNIT DEVELOPMENT, IN ORDER TO CONSTRUCT 17 TOWNHOMES, 6,606 SQUARE FEET OF GENERAL OFFICE, 7,150 SQUARE FEET OF MEDICAL OFFICE, 12,654 SQUARE FEET OF GENERAL RETAIL, 3,300 SQUARE FEET OF INDOOR RESTAURANT, AND 1,675 SQUARE FEET OF OUTDOOR RESTAURANT USE WITH 8 APARTMENTS LOCATED ABOVE THE COMMERCIAL USES; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Channing Corporation XXX for rezoning of 8.997 acres of land located at the southwest comer of PGA Boulevard and Hickory Drive, as more particularly described in Exhibit "A" attached hereto, to a Mixed-Use Planned Unit Development; WHEREAS, a portion of the 8.997 acres of land involved is presently zoned as Residential High (RH) with land use designations of Residential High (RH) and Mixed-Use (MXD), and a portion is presently zoned as Residential Medium (RM) with a land designation of Mixed-Use (MXD); WHEREAS, the City’s Growth Management Department has recommended approval of’q-lae Commons Parcel 2"; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations. 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 hereby approves the application of Channing Corporation XXX for a mixed-use PUD of 8.997 acres located on the south side of PGA Boulevard, immediately west of its intersection with Hickory Drive, as more particularly described in Exhibit "A" attached hereto; from Residential High and Residential Medium zoning, to Mixed-Use Planned Unit Development, in order to construct 17 townhomes, 8 apartments above retail, 6,600 square feet of general office, 7,150 square feet of medical office, 12,654 square feet of general retail, 3,300 square feet of indoor restaurant use, and 1,675 square feet of outdoor restaurant use to be known as The Commons Parcel 2. SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: 1. The following shall be the only permitted uses within the Planned Unit Development: As permitted use, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district with the exception of churches, nurseries or day care facilities, and self- service laundry facilities; apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, art gallery, and art supplies; commercial photography studio; camera and photographic supplies; tailor; costume/tuxedo rental; locksmith; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing and accessory store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; linen shop; interior decorator shop; newsstand; paint and wallpaper store; video rentals (family oriented); veterinarian (overnight pets subject to City performance standards); pet shop, including overnight pets (in a soundproof building); and china, crockery, glassware and earthenware shop, travel agency, and fitness facility not to exceed 2,500 square feet in size. (Planning & Zoning) 2. Outdoor display areas may be administratively approved by Staff, based on the following criteria: do g. Outdoor display areas shall be restricted to the following uses: florist, food market, and arts and crafts specialty. Outdoor display areas shall be located directly adjacent to its accompanying place of business. Outdoor display areas shall not extend more than four (4) feet from the subject business’ outside wall, and shall at no time exceed forty (40) square feet in size. The outdoor display area shall not impede pedestrian access. Outdoor display areas shall not extend into the 55-foot PGA Boulevard Corridor Overlay. Outdoor display areas shall not exceed six (6) feet in height. Exceptions for outdoor display may be made for special events as approved by the City. (Planning & Zoning) 2 3. The applicant shall provide a 20 foot access easement, in a form acceptable to the City, for maintenance of the canals adjacent to the subject property. (Planning & Zoning, Code Enforcement, City Attorney) 4. Prior to construction plan approval, the applicant shall provide on the construction plans one (1) access point into the canal area. (Building) 5.At no time shall the ground cover along the bank of the canal exceed three (3) feet height.(Public Works) 6. The applicant, and its successors and/or assigns shall maintain the landscaping within the canal easement south of this site, from Hickory Drive west, to a line perpendicular to their western terminus. (Public Works) 7. Prior to the adoption of the Property Owner Association documents, the applicant shall submit these documents, which shall be subject to review and approval by the City. (City Attorney) 8. Townhouses shall have driveway, curbside pick-up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick-up no earlier than 6 a.m., and wheeled back into the buildings for storage after pick-up. Trash from cafes, restaurants and other food-serving establishments shall be bagged and contained in air-conditioned rooms within the buildings. (Code Enforcement) 9. The project signage package shall be subject to review by the City Council for its consideration of approval. (planning & Zoning) 10. All canal cross-section construction shall be completed during the first phase of infrastructure construction. No Certificate of Occupancy shall be issued until the canal cross- section construction (reconstruction) is completed and accepted by the City. The applicant shall utilize existing material to grade the canal fight-of-way. However, under no circumstances shall the applicant utilize the excess fill from the canal right-of-way to improve the Commons site. The applicant acknowledges that the Public Works Department shall then access the canal easement to perform the needed maintenance dredging and utilize the excess material to complete the cross-sections at the water’s edge. (City Engineer) 1 l. Prior to the issuance of the first building permit for vertical construction, all infrastructure for the proposed project shall be completed and accepted by the City. (City Engineer, Planning & Zoning) 3 12. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the contrasting paver colors to be used for handicap diagonal striping within the five (5) foot access aisle and handicap pavement symbols. (City Engineer) 13. Prior to construction plan approval, the applicant shall provide documentation showing that the existing 10-foot Seacoast Utility Authority easement has been abandoned. (City Engineer) 14. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. (City Engineer) 15. Prior to construction plan approval, the applicant shall provide written authorization from each of the utility owners affected by this site plan, allowing the applicant to pave and landscape within said easements. (City Engineer) 16.The building phasing program shall be the following: Prior to the issuance of the first Certificate of Occupancy for mixed-use buildings, a building permit shall be issued for the first townhouse building and/or sales model. The townhouse building and/or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupancy for additional mixed-use buildings. (Building) 17. Prior to the issuance of the first building permit, the applicant shall provide a letter from the MacArthur Foundation approving the utilization of 15,000 square feet of recreation credits for Parcel 2 from the Foundation credit pool. (Building) 18. The applicant, and its successors and/or assigns shall maintain the landscaping within the road shoulder and medians east of this site, within Hickory Drive from the intersection of PGA Boulevard south, to the canal at their southern terminus. (Code Enforcement) 19. The applicant, and its successors and/or assigns shall pay to the City one-half(½) of the total cost of maintenance for 430 linear feet of landscaping located within the median of PGA Boulevard, commencing from the intersection of Hickory Drive and PGA Boulevard, to the western terminus of the site. A reasonable fee shall be determined annually, paid in quarterly installments by the applicant, and its successors and/or assigns commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant, and its successors and/or assigns. (Public Works, Finance) 20. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks, and all four sides of the buildings including garage areas, shall be indicated on the construction plans. (Building) 4 21. Any conversions of uses involving more than five (5) percent of the total approved commercial/retail square footage shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City’s review and approval. The conversion of medical office to general office shall be exempt from this requirement. (Planning & Zoning) 22. The applicant shall maintain all landscaping associated with the’approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City’s Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester) 23. The applicant shall not maintain, alter or impact in any way the approved PGA Boulevard Parkway irrigation system without the express written consent of the City of Palm Beach Gardens. The applicant shall use best efforts to assist the City in monitoring the reclaimed water irrigation system, per State regulations. (Planning & Zoning) 24. The applicant, his successors and/or assigns shall pay their fair share of the reclaimed water bill associated with the PGA Boulevard Parkway, if-and when the City of Palm Beach Gardens begins to be assessed for same. This condition may be revised by a separate agreement between the City and the applicant. (Planning & Zoning, Finance) 25. In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other entity, pertaining to PGA Boulevard and the maintenance of parkway/roadway landscaping, such provisions shall be applicable to and enforceable against the applicant, and its successors and/or assigns. (Planning & Zoning) 26. Prior to construction plan approval, a sidewalk on the southwest side of Hickory Drive shall be indicated on the construction plans; construction of the sidewalk shall be completed prior to the issuance of the first Certificate of Occupancy. (Building) 27. The restaurant’s kitchen and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards", Subsections (B) entitled "Odor" and (F) entitled, "Smoke", of the City’s Development Regulations. (Code Enforcement) 28. Prior to the issuance of the first building permit, the applicant shall duly record in the public record a covenant which shall be subject to City review. Said covenant shall bind the subject parcel to the specifications of this development order at the time of adoption for a period of twenty (20) years. (City Attorney) SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 1.September 1, 1998 Overall Site Plan, Oliver ¯ Glidden & Partners, 1 Sheet. 5 October 25, 1998 Site Plan by Oliver ¯ Glidden & Partners, Sheets SP-2, SP-2A (2 sheets total). o September 28, 1998 Floor Plans, Oliver ¯ Glidden & Partners, Sheets A-l, A-2, A-2.1 (3 sheets total). o October 25, 1998 Exterior Elevations, Oliver¯ Glidden & Partners, Sheets A-3.1, A-3.2, A-3.3 (3 sheets total). August 28, 1998 Exterior Elevations and Floor Plans, Oliver ¯ Glidden & Partners, Sheet A-3.4. (1 sheet total). o September 28, 1998 Exterior Elevations and Floor Plans, Oliver ¯ Glidden & Partners, Sheets A-6, A-7, A-8 (3 sheets total). o October 25, 1998 Exterior Elevations/Color Locations, Oliver ¯ Glidden & Partners, Sheet C-1 (1 sheet). December 7, 1998 Landscape Architecture Plans, Environment Design Group, Sheets L1, L2, L3, L4, L7, and L9 (6 sheets total). September 29, 1998 Landscape Architecture Plans, Environment Design Group, Sheets L5, L6, L8, L10, and L11 (5 sheets total). 10.August 28, 1998 Rights of Way and Access Easements, Oliver ¯ Glidden & Partners, Sheet AE-1 (1 sheet total). 11.September 22, 1998 Conceptual Water, Wastewater, and Drainage Plan, Keshavarz & Associates, Inc., Sheet 1 of 1 (Drawing #: 97600-2). 12.August 28, 1998 Photometric/Lighting Plan, Oliver ¯ Glidden & Partners, Sheet SLP-2 (1 sheet total). 13.September 28, 1998 Boundary & Topographic Survey, Lidberg Land Surveying, Inc., Sheets 1, 2, 3, and 4 (4 sheets total). 14.December 3 I, 1998 Canal Cross Sections, Keshavarz & Associates, Inc., Sheets 1 and 2 (2 sheets total). 15.February 10, 1999 Lighting Fixture Schedule & Cut Sheets, Beacon Products, Inc., 3 sheets total. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 21 DAY OF JANUARY ,1999. PLACED ON SECOND READING THIS 11 DAY OF FEBRUARY , 1999. PASSED AND ADOPTED THIS VICE MAYOR LkUi N rtJi rADo 11 , DAY OF FEBRUARY ,1999 COUNCILMAN DAVIDCLARK ATTEST: LINDA V. K~SIEIL CMC, CITY CLERK APPROVED AS TO LEGAL FORM SUFFICIENCY. CITY AT~"~-"-"" VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO ,."" COUNCILMAN JABLIN COUNCILMAN CLARK Exhibit "A" ._,<ACT LEGAL D_ESCRIPTION OF THE SUBJECT PROPERTY (Attach it" insu~cient space) A PARCEL OF LAND SITUATE IN SECTION II) TOWNSHIP 41 SOUTH, RANGE 42 EAST| WITHIN THE MUNICIPAL LIMITS OFTHE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA~ AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE FOLI.OWING DESCRIBED PORTION OF SAID SECTION 11 LYING WF.STERLY OF THAT CERTAIN RIGHT OF WAY FOR HICKORY DRIVE AS DESCRIBED IN OFFICIAL RECORD BOOK 8741, PAGE 1495, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION I I, THENCE SOUTH 00" 39’ 17" WEST, ALONG THE EAST LINE OF SAID SECTION II, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF P.G.A. BOULEVARD, AND THE POINT OG BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 00" 39’ 17" WEST, CONTINUING ALONG SAID EAST LINE, A DISTANCE OF 1,055.29 FEET; THENCE NORTH 89" t9’ $3" WEST, A DISTANCE OF 12S.30"FEET TO THE EAST LINE OF WOODLAND LAKES AS DESCRIBED IN OFFICIAL RECORD BOOK 2608, PAGE 653 THROUGH 665, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE NORTH 00 ° 39’ 17" EAST, ALONG SAID EAST LINE, A DISTANCE OF 287.46 FEET; THENCE SOUTH 79 e 11’ 52" WEST, A DISTANCE OF 347.59 FEET; THENCE NORTH @0" 45’ 28" EAST, A DISTANCE OF 534.40 FEET TO SAID SOUTH RIGHT OF WAY LINE OF P.G.A. BOULEVARD; THENCE SOUTH 89" 14; 32" EAST, ALONG SAID RIGHT OF WAY LINF_q A DISTANCE OF 722.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DES.CRIBED PARCEL. CONTAINING IN ALL, 8.997 ACRES, MORE OR LESS. LOCATION The subject property is located approximately_Zero (0’~ mile (s) from the iuter~ectlon of_PGA Boulevard and Avenue of the PGA _, on the (nc,-,h, east, south, west) side of’... PGA Boulevard Property Control No. (s) of the subject parcel (s).F4-42.-42-11-00-000-1030 CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CML AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORANDUM John Lindgren, A.I.C.P. Sean C. Donahue, P.E..~ April 17, 2002 99-4067 SUBJECT: PGA Commons Nos. 2 & 3 The City’s traffic consultant, MTP Group, Inc., has completed their review of the Traffic Impact Analysis associated with the Time extension request for the referenced project prepared by Pinder Troutman Consulting, Inc. dated March 14, 2002. We have also reviewed an addendum to this analysis that accounts for the errors in the approved land uses for these projects as stated in the Traffic Impact Analysis. According to the MTP Group, Inc., this project complies with the City of Palm Beach Gardens Traffic Performance Standards, subject to conditions. A copy of MTP Group’s memorandum containing the recommended conditions of approval is attached. Also attached is a copy of the addendum to the Traffic Impact Analysis. If you have any questions or require additional information, please do not hesitate to contact me at (561) 219-2828. SCD/ Talal Benothman, A.I.C.P. Maria Tejera, P.E.-MTP Group, Inc. PAPROJECTSWB GMEMO\4067~067zk FROM MTP GROUP I NC WPB FL +1 .~=~1 79BI~23E~P. ~> MTP Group. Inc. I2798 ~otest Hill Bouleverd, Sutfe 303 ’West I~lm Beach’, FL 33414 Phone: (5611 795-0678 Talefex: (561/ 795-0230 To: From: Date: Subject: MEMORANDUM. Scan C. Donahue, P.E. Mafia M. Tejera, F.E. March 28, 2002 PGA Commons Time Extension - Parcels 2 and 3 (Eastern PUD) ’Per your request, we have reviewed a Concurrency Traffic Impact Analysis prepared by Pinder Trout-man Consulting, Inc. and dated March 14, 2002. The analysis’ was prepared to justify a buildout extension to the year 2003. We did not receive a copy of the site plan with the traffi( study. However, we reviewed Ordinances 8, 1999 and 9, 1999 to determine land uses originally approved for this development. The information is summarized in Table 1. Table 1 The Commons Parcels 2 and 3 Land Uses Land Uses Residential - Multi family "General Office Medical Restaurant (Indoor) Restaurant (Outdoor) Retail Ordinance 8, 1999 ~Commons No. 2) 25 DUs 6,606 $.F. 7,150 $.F. 3,300 S.F. 1,675 S.F. 12,654 5.F. Ordinance 9, 1999. (Commons No. 3) 53 DUs 22,609 S.F. 5,420 S.F. 8,200 S.F. 3,3"60 S.F. 32,861 S.F. Total 78 DUs 29,215 S.F. 12,570 S.F. 11,500 $.F. 5,035 S.F. 45,5’15 S.F. There was an administrative approval on November 27, 2000 for PGA Commons No. 2 which added one apartment unit while converting 516 square feet of medical office to general office space. Based on this information, we h~ve prepared Table 2 which includes approved land uses versus those included in the traffic study. ?-28-202 3:86PM FROM MTP GROUP INC WPB FL +1 561 79r=8238 P. 3 Sean C. Donahue, P.E. PGA Commons Time Extension - Pamels 2 and 3 (Eastern PUD) March 28, 2002 Page 2 of 2 Table Z1 The Commons Parcels Z and 3 Land Uses - Approved vs. Traffic Study Land Uses Approved Traffic Study .Differenc~ P-,esidential - Mufti family General Office Medical Office Restauram. (Indoor/Outdoor) Retail 79 DUs 29,731 $.F. 12,054 $.F. 16,535 S.F. 45,515 S.F, ¯ 76 DUs 36,641 S,F.¯5,144 S.F. 16,535 S.F. 50,456 (3 DUs) . 6,910 S.F. (6,910 $.F.) 4,941 $,F. As shown in the table above, wRh the exception of the restaurant, amount of land uses included in the traffic study are different to those currently approved for this project. It should be noted th_at our review was p~rformed for the land uses included in the traffic_study. Therefore, the corresponding devel_opmen~ 0rder~ .m.a~_.n.eed to be amended to be consistent with land use~ includedin_th¢ t~affic study. In order to meet the appropriate level of service along PGA Boulevaxd between Milita~’y Trail and 1-95, the traffic study used traffic diversion due to the linkages roads. Therefore, in order to be consistent with previous approvals, the project should be conditioned to the con.~truction of Kyoto Gardens Drive exger~ffon benceen Air. AIA and Military Trail. We find the project in complian~ with the City of Palm Beach Gardens Traffic Performance Standards. The following conditions are recommended: 1.Provide a southbound left-turn lane along Hickory Drive at the intersection of the driveway with the eastern parcel. (This lane may already be included in the site 2.No more than 2,210 net new trips (impact beyond 1% of the adopted LOS at PGA Boulevard between Military Trail and 1-95, where traffic diversions were used) until construction begins for Kyoto Gardens Drive extension between AR. A [ A and Military Trail. Should you have any questions about this project, please give us a call at.(561) 795-0678. C:~m~p~PSG~°GAComman~T~m~F.~cn~ion.Parcels2&3.Memo I .w~ ~/I?/2002 ~?: 44 5614341669 PINDER TROUTMAN PAGE PINDER TROUTMAN CONSULTING, INC. Transportation Pianners and Engineers VIA FACSIMILE ($61) 286-3~25 Apdl ~I 7, 2002 2324 South Congress Avenue, Suite 1H West Dim Beach. FL 33406 (561) 434-1644 Fax 434-1663 www.plndertroutman.com Mr. Sean Donahue, P.E. LBFH, Inc. 3990 SW Corporate Parkway Palm City, FL 34990 Re:The Commons Parcels 2 & 3 - #PTC021-185 Dear Mr, Donahue: The purpose of this letter is to present the previously approved land uses for the referenced project. These land uses are: 74 36,641 SF 5,144 SF 16,535 SF 50,456 SF Multi Family Dwelling Units (DUsi General Office Medical Office Quality Restaurant Retail The traffic concurrency, study dated March 14, 2002 indicated 76 dwelling units (DU$). reduction from 76 DUs to 74 DUs does not change the results of the I~affic analysis. If you have any additional questions, please do nc~ hesitate to contact this office, V~ ~.uly ~o.~I~, ~ Principal KMP/Idr cc:Joel Channing Marty Minor The L e~- Donah~le 01.183 4-17-~" CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 SUBJECT/AGENDA ITEM Petition MISC-01-24: Time Extension for PGA Commons Parcel 3 PUD First Reading of Ordinance 24, 2002, which is a request by Urban Design Studio, agent for Stephen S. Mathison, Trustee of the PGA Commons Land Trust, for approval of a two-year time extension to the build-out date, with a new expiration date of December 31,2003, for the PGA Commons Parcel 3, Planned Unit Development located on 12.26 acres at the southeast corner of PGA Boulevard and Hickory Drive. The applicant is also requesting to amend one previous development order condition. RECOMMENDATION Staff recommends approval of Ordinance 24, 2002 on first reading. Reviewed by: Principal Planne~ Steven B. Cramp City Attorney Leonard G. Rubin Development Compliance Bahareh Wolfs, AICP Originating Dept.: Growth Management: Project Manager[ John Linden, AICP Senior Planner Submitte~ by: Mana~e~Directd¢._~ Charles K. Wu, AICP Ronald M. F~ Advertised: Date: Paper: [X] Not Required Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: N/A [ ] Approved [] App. w/conditions [] Denied [] Rec. approval [] Rec. app. w/conds. [] Rec. Denial [] Continued to:__ Attachments: ¯ Ordinance 24, 2002 ¯ Ordinance 9, 1999 [ ] None City Council Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 Petition MISC-01-24 BACKGROUND PGA Commons Parcel 3 PUD was approved by City Council on February 11, 1999 through the adoption of Ordinance 9, 1999 (copy attached). The ordinance granted approval for the construction of 21 townhomes, 32 apartments, 22,609 square feet of general office, 5,420 square feet of medical office, 32,861 square feet of general retail, 8,200 square feet of indoor restaurant use and 3,360 square feet of outdoor restaurant use. On November 1, 1999, the City administratively approved a reduction in four apartment units, addition of 3,455 square feet of retail space and to convert 2,060 square feet of medical office to general office. To date, PGA Commons Parcel 3 PUD is currently approved for the following: ¯ 21 Townhomes ¯ 28 Apartments 36,316 square feet of retail space ¯24,669 square feet of general office space ¯3,360 square feet of medical office space ¯8,200 square feet of inside restaurant space ¯3,360 square feet of outdoor restaurant TIME EXTENSION The City’s Land Development Regulations require that the proposed development sufficiently comply with seven criteria in order to be eligible for a time extension. Below in bold is a listing of criteria for City Council to use in the evaluation of this time extension request, as identified in Section 78-61(f)(2)c.2. The applicant’s response each criterion follows. The number, type and cost for professionals retained to design the project and secure permits or approvals. Because of the interrelation between the PGA Commons Parcel 3 PUD and the adjacent Parcel 2 PUD, the costs of professionals used in the design and approval of the PUDs have been grouped "into one figure. Since the original approval for Parcels 2 and 3, ten professional firms have been retained at a total cost of $201,491. It should be noted that these fees did not include any of the monies used to design and secure approval 2 b= C= City Council Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 Petition MISC-01-24 for the original PUD. This continued expenditure exhibits a good faith effort in the development of this. approved project. The number and type of permits/approvals obtained from the city and other regulatory agencies. Since the PGA Commons Parcel 3 PUD approval on February 11, 1999, the approved plans have been modified five times. The City Council, on October 7, 1999, adopted Resolution 102, 1999 which approved the Signage and Lighting for PGA Commons Parcel 3. On November 1, 1999, the City administratively approved a reduction in four apartment units and modifications to the final square footage for the commercial portion of the PGA Commons Parcel 3 PUD. On May 17, 2001, City staff administratively approved modifications for screen enclosure setbacks for the townhouse units. On July 26, 2001, the City administratively approved an amendment to the site plan and specific building elevations. On August 22, 2001, the City also administratively approved modifications to the project’s landscape plan. As the first Mixed Use project within the City, the subsequent approvals to the development plans reflect the refinement of this new development type within the City. The applicant has received permits for the subject site from the South Florida Water Management District, Florida Department of Health, Florida Department of Transportation, and a pending approval with Seacoast Utility Authority. Permit applications for two buildings within Parcel 3 have been submitted and are being reviewed by the City’s Building Division. The level of activities with regards to securing approvals and permits indicate the good faith effort in constructing and completing this project by the developer. The number and timeliness of plats recorded and/or phases completed, if applicable. Work has continued, as outlined above, on refining the development project and securing the necessary utility and governmental agreements and approvals. This work has been in preparation for the filing and recording of the plat for PGA Commons Parcel 3. A considerable amount of work has been accomplished since the original approval in order to 3 City Council Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 Petition MISC-01-24 prepare a complete plat for the property, which is ready for final approval. The level of activities with regards to providing utility and governmental easements and securing agreements with local governmental agencies indicate a good faith effort has been exuded for the progress of this project. d=The completion and/or progress of the site improvements and the expenditure incurred or the establishment of surety thereof. As detailed above, the applicant has proceeded in good faith in the development of this project through the expenditure of hundreds of thousands of dollars, the submittal and approval by the City of several plan revisions and the continuing work with local utilities and government agencies to secure the necessary permits and agreements, and provide easements needed prior to the commencement of construction. The applicant is prepared to proceed with construction as soon as permitted by the City. e. Granting of right-of-way or other public dedications. Within Ordinance 9, 1999 (attached), which approved the PGA Commons Parcel 3 PUD, the applicant agreed, through Condition #3, to provide the City with a 20-foot access easement for the maintenance of the City canal along the southern perimeter of the site. This will be provided through the plat for Parcel 3. As part of the PUD approval, the applicant also agreed to make improvements to the City canal and to maintain landscaping within the adjacent public road rights-of-way and the City canal. No right- of-way dedication was required for this project. As stated above, the applicant is continuing to work with all utility providers to locate and provide the necessary easements for the project. This continuing work on this project indicates the good faith efforts in progressing with this development. f.The marketing efforts to date and the results thereof. As discussed during the City development approval process for PGA Commons Parcels 1, 2 and 3, the focus of the marketing efforts of the project was initially centered on Parcel 1. PGA Commons Parcel 1 is now open and the marketing efforts are now focused on Parcels 2 and 3. Since 4 City Council Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 Petition MISC-01-24 the original approval for Parcel 2 and 3, approximately $7,500 has been spent on market research for the two parcels. Marketing for Parcel 3 continues and several quality tenants have expressed considerable interest in the project. In fact, two leases have been signed for Parcel 3. The continuing marketing efforts and the expenditure of marketing funds indicates the applicant’s good faith efforts in the progress of the project. g. Financing and economic conditions. As recently reported in the Wall Street Journal, the country has been in a recession since March 2001. In addition, the aftermath of the September 11th attacks has adversely impacted the economy, in particular, the retail sector of the economy. This downturn in the economy has resulted in a temporary slowdown in response to the project’s marketing efforts. Despite the economic conditions, the applicant has made good faith efforts in marketing the project and progressing with the development of the project. Staff has determined that the applicant meets the criteria found in the code. In addition, the traffic impact analysis for PGA Commons Parcels 2 and 3 has been updated and reviewed. With respect to Parcel 3, a southbound left turn lane into the project along Hickory Drive was recommended. Although this improvement was already contemplated and shown on the project’s approved site plan, Staff is recommending a condition of approval with regards to this improvement. The City’s Traffic Engineer has determined that once the development of Parcels 2 and 3 creates 2,210 net new trips, there will be a need for the construction of the Kyoto Gardens Drive extension between Alternate A1A and Military Trail. The applicant can be alleviated of this condition by performing traffic counts along PGA Boulevard between Military Trail and Interstate Highway 95, that demonstrate that there is enough capacity to complete the remainder of the project or a portion thereof. A condition of approval stating these options is included in the development order. Since the date of the original approval for PGA Commons Parcel 3, all subsequent petitions have incorporated the trips approved for this project into their review. AMENDING CONDITION #20 IN ORDINANCE 91 1999 Ordinance 9, 1999, which approved PGA Commons Parcel 3 Planned Unit Development, included condition of approval #20 that states, "Prior to the issuance of the first building permit for vertical construction, all infrastructure shall be complete and 5 City Council Meeting Date: May 2, 2002 Date Prepared: April 18, 2002 Petition MISC-01-24 acceptable to the City." To allow more flexibility in developing the site, the City Engineer has agreed to amend the condition to read: "Prior to the issuance of the first building permit for the residential portion of this development ’"~’*="’-~..., ....~., ...., .... ....,* .... .........*=’-’~., all infrastructure shall be complete and acceptable to the City. (City Engineer, Planning Zoning)" STAFF RECOMMENDATION Staff recommends approval of the two-year time extension to the build-out date for the proposed PGA Commons Parcel 3 Planned Unit Development, which will now expire on December 31, 2003, with the condition listed in the ordinance. Staff also recommends approval of the proposed language change to Condition #20 in Ordinance 9, 1999. 6 April 18, 2002 ORDINANCE 24, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE EXTENSION OF THE BUILD OUT DATE FOR CONCURRENCY CERTIFICATION FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND HICKORY DRIVE, KNOWN AS "PGA COMMONS PARCEL 3" PLANNED UNIT DEVELOPMENT; AMENDING ORDINANCE 9,1999 TO REVISE A CONDITION OF APPROVAL AND ADD NEW CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received a request from Stephen S. Mathison, Trustee of the PGA Commons Land Trust, for approval of an extension to the approved build-out date for the "PGA Commons Parcel 3" Planned Unit Development; and WHEREAS, § 78-72(b) requires that applicants for development approval receive concurrency certification from the City of Palm Beach Garden’s Growth Management Department prior to Development Order approval; and WHEREAS, § 78-77(b) provides an allowance of a time extension whereby City Council may approve the time extension according to the conditions of § 78-77(b)(1-7); and WHEREAS, the City Council has determined that the developer has proceeded in good-faith with efforts to progress the review and approval of the development; and WHEREAS, the applicant has requested an amendment to a condition of the initial development order relating to the completion of infrastructure. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves the time extension for the build-out date for the PGA Commons Parcel 3 Planned Unit Development to December 31, 2003, as referenced in the traffic analysis prepared by Pinder Troutman Consulting, Inc., dated March 14, 2002. Ordinance 24, 2002 April 18, 2002 Section 2. The City Council hereby amends Ordinance 9, 1999 to add .the following conditions of approval, which shall be binding on the applicant, its successors and assigns: 30. 31. Prior to the issuance of a building permit, a southbound left-turn lane shall be provided along Hickory Drive at the intersection of the driveway with the eastern parcel. (City Engineer) No more building permits shall be issued for development that generates more than 2,210 daily external trips (between parcels 2 and 3) until either: a) construction begins (as determined by the Growth Management Staff) Kyoto Gardens Drive extension between Alternate A1A and Military Trail, or b) traffic counts are performed along PGA Boulevard between Military Trail and Interstate Highway 95 that show there is enough capacity to complete the remainder of the project or a portion thereof. (City Engineer) Section 3. The City Council hereby amends condition 20 as set forth in Ordinance 9, 1999, to read as follows (added words underlined, and removed words 20.Prior to the issuance of the first building permit for the residential portion of this development ’"~-*~"~v..,.,....,, .....,,...,.~...,~.,,,~ ....÷~’-.’~ all infrastructure supportin,q, the residential development shall be complete and acceptable to the City. (City Engineer, Planning & Zoning) Section 4. All other provisions of Ordinance 9, 1999 remain in full force and effect, to the extent not modified herein. Section 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. Section 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 7. This Ordinance shall be effective upon adoption. 2 Ordinance 24, 2002 April 18, 2002 PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS PASSED AND ADOPTED THIS DAY OF 2002. DAY OF 2002. DAY OF 2002. MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK VICE MAYOR CARL SABATELLO COUNCILMAN JOSEPH R. RUSSO COUNCILWOMAN ANNIE DELGADO ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILWOMAN DELGALDO COUNCILMAN RUSSO AYE NAY ABSENT g~ohn: misc0124.or Good-Bye 3 1/13/99 1/19/99 1/20/99 1/26/99 2/2/99 2/5/99 2/11/99 ORDINANCE 9, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF CHANNING CORPORATION XXX FOR REZONING OF 12.266 ACRES LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD, EAST OF ITS INTERSECTION WITH HICKORY DRIVE, IN ORDER TO CONSTRUCT 21 TOWNHOMES, 22,609 SQUARE FEET OF GENERAL OFFICE, 5,420 SQUARE FEET OF MEDICAL OFFICE, 32,861 SQUARE FEET OF GENERAL RETAIL, 8,200 SQUARE FEET OF INDOOR RESTAURANT, AND 3,360 SQUARE FEET OF OUTDOOR RESTAURANT USE WITH 32 APARTMENTS LOCATED ABOVE THE COMMERCIAL USES; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Channing Corporation XXX for rezoning 12.266 acres of land located on the south side of PGA Boulevard, east of its intersection with Hickory Drive more particularly described in Exhibit A attached hereto, to a Mixed Use Planned Unit Development; WHEREAS, the subject parcel is presently zoned Residential Medium (RM) with the northerly 9.6 acres of land involved having a land use designation of Mixed Use (MXD) and the southern 2.67 acres having the land use designation of Residential Medium (RM); WHEREAS, the City’s Growth Management Department has recommended approval of "The Commons Parcel 3"; and WHEREAS, the City’s Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations. 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 hereby approves the application of Channing Corporation XXX for a mixed-use PUD of 12.266 acres located on the south side of PGA Boulevard, east of its intersection with Hickory Drive, more particularly described in Exhibit A attached hereto; from Residential Medium Zoning to Mixed Use Planned Unit Development, in order to construct 21 townhomes, 32 apartments above retail, 22,609 square feet of general office, 5,420 square feet of medical office, 32,861 square feet general retail, 8,200 square feet of indoor restaurant use and 3,360 square feet of outdoor restaurant use to be known as "The Commons Parcel 3." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: The following shall be the only uses permitted within the Planned Unit Development: as permitted uses, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district (with the exception of churches, nurseries, day care self-sevice laundry facilities); apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; travel agency; costume/tuxedo rental; locksmith; fitness studio (not to exceed 3,500 square feet); bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting goods store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; video rentals (family oriented); veterinarian (overnight pets subject to City Performance Standards); pet shop including overnight pets (in a soundproof building); and china, crockery, glassware and earthenware shops. (Planning & Zoning) Outdoor display areas may be administratively approved by staff based on the following criteria: B) C) D) E) Outdoor display areas shall be restricted to the following uses: florist, food market and arts & crafts specialty. Outdoor display areas shall be located directly adjacent to its accompanying place of business. Outdoor display areas shall not extend more than four (4) feet from the subject business outside wall and shall at no time exceed 40 square feet in size. The outdoor display area shall not impede pedestrian access. The outdoor display area shall not extend into the 55-foot PGA Boulevard Corridor overlay. Outdoor display areas shall not exceed six (6) feet in height. Exceptions for outdoor display may be made for special events as approved by the City. The applicant shall provide a 20-foot access easement, in a form acceptable to the City, for maintenance of the canal adjacent to the subject property. (Planning & Zoning, Code Enforcement, Legal) Prior to construction plan approval, the applicant shall provide on the construction plans one access point out of the canal area. (Building/Public Works) At no time shall the ground cover along the bank of the canal exceed three feet in height. (Public Works) o The applicant, his successors and/or assigns shall maintain the landscaping within the canal easement south of this site from Hickory Drive east to a line perpendicular to their eastern terminus. (Public Works) Prior to adoption of the Property Owner. Association documents, the applicant shall submit these documents, which shall be subject to review and approval by the City. (Legal) Townhouses shall have driveway, curbside pick-up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick-up no earlier than 6 a.m. and wheeled back into the buildings for storage after pick-up. Trash from cafes, restaurants and other food-serving establishments shall be bagged and contained in air-conditioned rooms within the buildings. (Code Enforcement) The restaurant kitchens and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards", Subsections (B) entitled "Odor" and (F) entitiled, "Smoke", the City’s Land Development Regulations. (Code Enforcement) 10.The project signage package shall be subject to review by the City Council for its consideration of approval. (Planning & Zoning) 11.Prior to construction plan approval, the applicant shall provide additional preventative measures subject to the City Engineer’s approval to prevent vehicles from jumping the raised curbing and entering the pedestrian plaza. (City Engineer) 12.Prior to construction plan approval, the applicant shall submit to the City for review and approval, samples of the contrasting paver colors to be used for handicap diagonal striping within the 5-foot access aisle and handicap pavement symbols. (City Engineer) 13.Prior to construction plan approval, two additional stop signs and stop bars shall be added in the vicinity of building 3-5.A.2, to slow vehicular traffic through the east-west drive aisle. (City Engineer) 14.Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. (City Engineer) 15. 16. 17. 18. 19. 20. 21. 22. Prior to construction plan approval, the applicant will need to provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. (City Engineer) Prior to the issuance of the first building permit, the applicant shall duly record in the public record a covenant, which shall be subject to City review. Said covenant sahll bind the subject parcel to the specifications of this Development Order at the time of adoption for a period of twenty years. The applicant may utilize existing material and grade the canal right-of-way per the proposed cross-sections. However, under no circumstances shall the contractor utilize the excess fill from the canal right-of-way to improve the Commons site. The applicant acknowledges the Public Works Department shall then access the canal easement to perform the needed maintenance dredging and utilize the excess material to complete the cross-sections at the water’s edge. (Public Works, Growth Management) The building phasing program shall be the following: prior to the issuance of the first Certificate of Occupancy for mixed-use buildings, a building permit shall be issued for the first townhouse building and/or sales model; the townhouse building and/or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupancy for additional mixed-use buildings. (Building) Prior to the issuance of the first building permit, the applicant shall provide a letter from the MaeArthur Foundation approving the utilization of 31,800 square feet of recreation credits for Parcel 3 from the Foundation credit pool. (Building) Prior to the issuance of the first building permit for vertical construction, all infrastructure shall be complete and acceptable to the City. (City Engineer, Planning & Zoning) The applicant, his suceessors and/or assigns shall maintain the landscaping within the road shoulder and medians west of this site, within Hickory Drive from the intersection of PGA Boulevard south to the canal at their southern terminus. (Code Enforcement) The applicant, his successors and/or assigns shall pay to the City, one-half (1/2) of the total cost of maintenance of 850 linear feet of landscaping located within the median of PGA Boulevard commencing from the intersection of Hickory Drive and PGA Boulevard to the eastern terminus of the site. A reasonable fee shall be determined annually, paid in quarterly installments by the applicant and his successors and/or assigns commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant, his successors and/or assigns. (City Forester, Finance) 23. 25. 26. 27. 28. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks and all four sides of the mixed-use buildings including garage areas shall be included on the construction plans. (Building) Any conversions of uses involving more than five (5) percent of the total approved commercial/retail square footage shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for the City’s review and approval. The conversion of medical office to general office shall be exempt from this requirement. (Planning & Zoning) The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City’s Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester) The applicant shall not maintain, alter or impact in any way the approved PGA Boulevard Parkway irrigation system without the express written consent of the City of Palm Beach Gardens. The applicant shall use best efforts to assist the City in monitoring the reclaimed water irrigation system, per State ~regulations. (Planning & Zoning) The applicant, his successors and/or assigns shall pay their fair share of the reclaimed water bill associated with the PGA Boulevard Parkway, if and when the City of Palm Beach Gardens begins to be assessed for same. This condition may be revised by a separate agreement between the City and the applicant. (Planning & Zoning, Finance) In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other entity, pertaining to PGA Boulevard and the maintenance of parkway/roadway landscaping, such provisions shall be applicable to and enforceable against the applicant, its successors and assigns. (Planning & Zoning) 29.All canal cross-section construction shall be completed during the first phase of infrastructure construction. No certificate of occupancy shall be issued until the canal cross-section construction (reconstruction) is completed and accepted by the City. SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 2. 3. 4. 5. September 1, 1998 Overall Site Plan by Oliver Glidden & Parmers, 1 Sheet. October 25, 1998 Site Plan by Oliver Glidden & Partners, Sheets SP-3W, SPD-3W,. January 11, 1999 Site Plan by Oliver Glidden & Partners, Sheets SP-3E, SPD-3E September 28, 1998 Floor Plans by Oliver Glidden & Partners, Sheets A-l, A-2, A-2.1. August 28, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheet A-3.4. o 7. g. 9. 10. 11. 12. 13. 14. 15. 16. September 28, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheets, A-4, A-5, A-6. October 25, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheets A-3.1, A-3.2, A-3.3. September 28, 1998 Townhouse Floor Plans and Elevations by Oliver Glidden & Partners, Sheets A-7, A-8, A-10. December 23, 1998 Parking Paver Pattern @ Wheel Stop by Oliver Glidden & Partners, Sheets SPI, SP2, SP3W. SP3E. October 25, 1998 Color Selections by Oliver Glidden & Partners, Sheet C-1. December 7, 1998 Landscape Plan by Environment Design Group, Sheets L1 - L3, L6, L9. January 15, 1999 Landscape Plan by Environment Design Group, Sheets L4, L5. September 29, 1998 Planting Details & Specifications by Environment Design Group, Sheet L 10. September 1, 1998 Rights of Way & Access Easements, Oliver Glidden & Partners, Sheet AE- 1. November 16, 1998 Canal Cross-Sections Parcel 3, Keshavarz & Associates, Sheets 1-4. February 9, 1999 Lighting Fixture Schedule & Cut Sheets, Beacon Products, Inc., Sheets 1-3. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 21 st DAY OF January.,1999. PLACED ON SECOND READING THIS 1 lth ./~ SO O DAY OF February ,1999. d3ATELLO ~C’~UNCILMAN DAVID CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM ~_’,,,L~_~_,SUFFICIENCY" CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK AYE NAY ABSENT A EXACT LEGAL DESCRIPTION OF THE SUBJECT PROPERTY (Attach if insufficient space) A PARCEL OF LAND SITUATE IN SECTION(S) 11 AND 12, TOWNSHIP SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE NORTHWEST QUARTER (NW 1/4) SAID SECTION 12, LYING NORTHERLY OF THE SOUTH LINE OF THE "NOT INCLUDED" PARCEL SHOWN ON PLAT NO. 1, P.G.A. NATIONAL GOLF CLUB ESTATES, AS RECORDED IN PLAT BOOK 27, AT PAGE 207, PUBLIC RECORDS OF PALM BEACH COUNTY AND LYING WESTERLY OF THAT PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3615, AT PAGE 1717, PUBLIC RECORDS OF PALM BEACH COUNTY. LESS AND EXCEPTING THEREFORE THE RIGHT OF WAY OF P.G.A. BOULEVARD. THAT PART OF THE FOLLOWING DESCRIBED PORTION OF SAID SECTION 11 LYING EASTERLY O F THAT CERTAIN RIGHT OF WAY FOR HICKORY DRIVE AS DESCRIBED IN OFFICIAL RECORD BOOK 8741, PAGE 1495, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11, THENCE SOUTH 00 ° 39 ° 17" WEST, ALONG THE EAST LINE OF SAID SECTION 11, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF P.G.A. BOULEVARD AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 00 ° 39’17" WEST, CONTINUING ALONG SAID EAST LINE, A DISTANCE OF 1,065.29 FEET; THENCE NORTH 89 ° 19’ 53" WEST, A DISTANCE OF 125.30 FEET TO THE EAST LINE OF WOODLAND LAKES AS DESCRIBED IN OFFICIAL RECORD BOOK 2608, PAGE 653 THROUGH 665, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE NORTH 00 ° 39’17" EAST, ALONG SAID EAST LINE, A DISTANCE OF 287.46 FEET; THENCE NORTH 39 ° 34’ 32" WEST, A DISTANCE OF 399.50 FEET; THENCE SOUTH 79" 11’ 52" WEST, A DISTANCE OF 347.59 FEET; THENCE NORTH 00 ° 45’ 28" EAST, A DISTANCE OF 534A0 FEET TO SAID SOUTH RIi3HT OF WAY LINE OF P.G.A. BOULEVARD; THENCE SOUTH 89 ° 14’ 32" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 722.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS AND EXCEPTING THEREFROM THAT PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3547, AT PAGE 1, PUBLIC RECORDS OF PALM BEACH COUNTY. CONTAINING IN ALL, 12.266 ACRES, MORE OR LESS. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CML AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS ’~Partncrs For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORANDUM John Lindgren, A.I.C.P. Sean C. Donahue, P.E. ~ April 17, 2002 99-4067 SUBJECT: PGA Commons Nos. 2 & 3 The City’s traffic consultant, MTP Group, Inc., has completed their review of the Traffic Impact Analysis associated with the Time extension request for the referenced project prepared by Pinder Troutman Consulting, Inc. dated March 14, 2002. We have also reviewed an addendum to this analysis that accounts for the errors in the approved land uses for these projects as stated in the Traffic Impact Analysis. According to the MTP Group, Inc., this project complies with the City of Palm Beach Gardens Traffic Performance Standards, subject to conditions. A copy of MTP Group’ s memorandum containing the recommended conditions of approval is attached. Also attached is a copy of the addendum to the Traffic Impact Analysis. If you have any questions or require additional information, please do not hesitate to contact me at (561) 219-2828. SCD/ co:Talal Benothman, A.I.C.P. Maria Tejera, P.E.-MTP Group, Inc. PAPROJECTSWBGMEMO’ClO67k4067 zk MTP Group, Inc. f 2798 Forest Hill Boulevsrd, Suite 303 Wewt P~lm Beech’, FL 33414 Phone: (561/ 795-0678 TolefeX: (661/ 795-0230 MEMORANDUM To:Sean C. Donahue, P.E. From:Marfa M. Tcjera, F.E. ¯ 8’ Date:March 28, 2002 Subject: PGA Commons Time Extension - Parcels 2 and 3 (Eastern PUD) ’Per your request, we have reviewed a Concurrency Traffic Impact Analysis prepared by Pinder Troutman Consulting, Inc. and dated Mareh 14, 2002. The analysis was prepared to justify a buildout extension to the year 2003. We did not receive a copy of the site plan with the traffi~ study. However, we reviewed Ordinances 8, 1999 and 9, 1999 to determine land uses originally approved for this development. The information is summarized in Table 1. Table l The. ~,ommons Parcels 2 and 3 Land Uses Land Use~ Residential - Multi family ’General Offic~ Medical Ofli~ R~staurant (Indoor) Restaurant (Outdoo0 Retail Ordinance 8, 1999 (Commons No. Z) 25 DUs 6,606 $.F. 7,150 S.F, 3,300 $.F. 1,675 S.F. 12,654 S.F, Ordinance 9, 1999. 53 DUs 22,609 $.F. 5,420 S.F. 8,200 S,P. 3,3’60 S,F, 32,861 Total 78 DUs 29,215 S-F. 12,570 $.F. I 1,500 $.F. 5,035 S.F. 45,5.15 S.F. There was an administrative approval on November 27, 2000 for PGA Commons No. 2 which added one apartment unit while converting 516 square feet of medical office to general office space. Based on this information, we hfive prepared Table 2 which includes, approved land uses versus those included in the traffic study. FROM MTP GROUP INC WPB FL +1 561 79~0238 P. 3 B~n C. Donahue, P.E. PGA Commons Time Extensidn - Pemels 2 and 3 (FesIem PUD) March 28, 2002 Page 2 of 2 Table 2 The Commons Parcels 2 and 3 Land Uses - Approved vs. Traffic Study Land Uses Approved Traffic Studs .Difference Residential - Multi family General Office Medical Office Restaurant.(Indoor/O~tdoor) Retail 79 DUs 29,731 12,054 $.F. 16,535 $.F. 45,515 S.F. 76 DUs 36,64| S.F. 5,144S.F. 16,535 50,456 $.F. (3 DUs) ¯ 6,910 S.F. (6,91o S.F.) 4,941 S.F. As shown in the table above, with the exception of the restaurant, amount of land uses included in the traffic study are different to those currently approved for this project. It should be noted L-h_at Our review was performed for the land uses includM in the traffi.e_study. Therefore, the .corresponding develppment orders ma_v__n.¢~l to be amended to be consistent with land use~ included jr,_ the Ixaffic study. In order to meet the appropriate level of service along PGA Boulevard between Milita~’y Trail and 1-95, the traffic study used traffic diversion due to the linkages roads. Therefore, in order to be co~istent with previous approvals, the project should be conditioned to the construction of Kyoro Gardens Drive exter~ion between Alt. AIA and Military Trail. We find the project in compliance with the City of Palm Beach Gardens Traffic Performance Standards. The following conditions are recommended: 1.Provide a southbound left-turn lane along Hickory Drive at the intersection of the driveway with the eastern parcel. (This lane may already be included in the site 2.No more than 2,210 net new trips (impact beyond 1% o.f the adopted LOS at PGA Boulevard between Military Trail and 1-95, where traffic diversions were used) until construction begins for Kyoto Gardens Drive extension between Air. A 1A and Military Trail. Should you have any questions about this project, please give us a call at.(561) 795-0678, C.’~p~’rG~:>GACo~mon~Ttrn~F,~xle~,~ior~.Paroels 2&3.Me m o 1 .w~ ~4/17/2802 87:44 55143a1GG3 PINDER TROUTMAN PAGE 81 PlHDER TROUTHAN CONSULTING, INC. _I ...... I __ lllll II Transportation Planners and Engineers VIA FACSIMILE ($61) 286-39"~$ Ap~l ,~ 7, 2OO2 _ II II IIII III 23’24 S0ut~ Congr~ Avenue, Suite 1H West Palm Beach, FL 33406 (561) 434-1644 FaX 4~4-1663 www. plndertroutman.com Mr. Sean Donahue, P.E. LBFH, Inc. 3990 SW Corporate P~rkway Palm City, FL 34990 Re:The Commons Parcels 2 & 3 - #PTCO21.185 ’ Dear Mr. Donahue: The purpose of this letter is to present the previously approved land uses for the referenced project. These land uses are: 74 36,641 SF 5,144 SF 16,535 SF 50,456 SF Multi Family Dwelling Units (DUs) General Office Medical Office Quality Restaurant Retail The traffic cortcurrenc)/ study dated March 14, 2002 indicated 76 dwelling units reduction from 76 DUs to 74 DUs does not change the results of the traffic analysis. If you have any additional questions, please do not hesitate to contact this office. Principal KMP/Idr Joel Channing Marry Minor (DUs). The 4-17-02 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 SUBJECT/AGENDA ITEM PUD-01-05 - PGA Plaza Rezoning First Reading: Ordinance 21, 2002, a request by George Gentile of Gentile, Holloway, O’Mahoney & Associates, agent for William G. Lassiter, for a re-zoning from General Commercial (CG-1) to an underlying zoning of CG-1 General Commercial with a Planned Unit Development (PUD) overlay for an 11.l 1-acre site. The applicant is also proposing renovation the parking and landscape areas to accommodate the widening of PGA Boulevard as required by the Regional Center Development of Regional Impact (DRI) development order. The subject site is located at 2500-2680 PGA Blvd, on the southwest corner of the intersection of PGA BIvd and Prosperity Farms Road. (12-42S-43E) RECOMMENDATION Staff recommends approval of Ordinance 21, 2002. Reviewed by: Principal Planner Talal Benothm~P City Attorney Leonard Rubih. Development Compliance Bahareh Keshavarz, AICP GrowthSubmitted by: Management Director Charles K. Wu, AICP Approved by/;~._. City Manag~~ Ron Ferds / Originating Dept.: Growth Management: Project Manager Kara Irwin Advertised: Date: Paper: [X ] Not Required Affected parties: [ ] Notified [ X] Not Required FINANCE: NA Costs: $ Total $ Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval IX] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:~ Attachments: ¯ Table 1 ¯ Table 2 ¯ Ordinance 21,2002 ¯ Letter from Gunster Yoakley dated March 29, 2002 ¯ Site Plan Renovation ¯ Landscape Renovation Plan [ ] None City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-05 BACKGROUND The existing PGA Plaza received Site Plan Approval in April 1974, and was built in two phases, with the potential of three out-parcels along PGA Blvd. A building permit was issued for Phase I of the Plaza (59,320 square feet) on September 13, 1974. Since that time, a number of out- parcels have received site plan approval. The entire site is comprised of approximately 112,222 square feet consisting of a 92,127 square feet of retail and restaurant space, a 9,000 square foot bank out-parcel (currently Washington Mutual, permitted in 1974), a second 2,800 square foot bank out parcel (currently SunTrust, permitted in 1981), and an 8,295 square foot retail out- parcel (currently Pier 1, permitted in 1988). Since 1988, the applicant has submitted four applications for administrative approvals of minor site plan amendments. The proposed PUD rezoning will accommodate the widening of PGA Blvd at the intersection with Prosperity Farms Road as proposed by the Florida Department of Transportation and as required by the Regional Center DRI development order. The request also decreases the existing non-conformities of the site. LAND USE & ZONING The subject site is currently zoned General Commercial (CG-1). The petitioner is proposing maintain the General Commercial (CG-1) zoning district with the addition of a Planned Unit Development overlay. The Comprehensive Plan and Land Development Regulations require that all lands subject to the PGA Boulevard Corridor Overlay be rezoned to either Planned Unit Development or Planned Community District. The property presently has a future land-use designation of Commercial (C), and designated as Commercial on the Vision Plan. CONCURRENCY The subject project was approved prior to concurrency requirements. The applicant is not proposing any additional square footage for the project; therefore, it remains vested in terms of concurrency. In terms of drainage concurrency, this site shall outfall at the northeast corner of this site into the. Prosperity Farms Road drainage system. PROJECT DETAILS Existing Conditions The applicant is proposing to renovate the parking and landscape areas by repaying the parking area, restriping to meet current code requirements, adding and reconfiguring the landscape islands, and adding additional landscaping materials. The applicant is not proposing to modify the existing structures nor increase the square footage of the existing buildings. 2 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-05 A condition of approval in the development order of the Regional Center DRI, Resolution 96, 1999, required roadway improvements at the intersection of PGA Blvd and Prosperity Farms Road within eighteen (18) months of issuance of any permit that would result in the total development of the Regional Center exceeding 300,000 square feet. The widening of PGA Blvd to six-lanes requires a right-of-way taking along the PGA Plaza PGA Blvd frontage. Taking the needed right-of-way will increase the existing nonconformities on site with respect to parking and landscaping. The applicant proposes to decrease the nonconformity of the site by renovating the landscaping and parking areas. Site Access The existing site has several legal non-conforming drive aisles that intersect with both Prosperity Farms Road and PGA Blvd. These drive aisles are non-conforming in that they do not provide for adequate stacking distances. The petitioner is proposing four entrances off of PGA Blvd and two entrances off of Prosperity Farms Road that will require waivers to the 100’ stacking distance requirement. The petitioner has reflected the future expansion of PGA Blvd on the site plan, which will require the taking of 0.3 acres from the northern boundary of the site. S~qnacle The applicant has requested no modifications to the existing signage. Landscaping Renovation Due to the age of the existing site, this use has minimal landscape buffering. The existing landscaping does not meet the requirements set forth in the City’s Land Development Regulations. The site currently contains a few large oak trees; five (5) of which are being affected by the parking reconfiguration but will be relocated into proposed landscape islands. The applicant is adding additional landscape area along PGA Blvd, which will decrease the site’s non-conformity to the PGA Boulevard Corridor Overlay requirement of a 55’ landscape buffer. The existing landscape buffer is less than five feet (5’) in width and has a maximum width of ten (10) feet. PGA Boulevard Corridor Overlay Section 78-221 of the City Code of Ordinances requires that all lands within the City that fronts or abuts PGA Blvd, for a depth of 1,000 feet from the edge of right-of-way, meet various aesthetic design requirements. The proposed project does not meet these requirements. The PGA Boulevard Overlay requires structures or paved areas for motor vehicles to be set back 55 feet from the right-of-way, which the applicant cannot meet and therefore has requested a waiver from the code. The applicant is also seeking a waiver from the requirements of Section 78-221(g)(12), which requires a 12-foot wide multi-use pathway to be set a minimum of 10 feet from the curbing. The Florida Department of Transportation is planning an expansion of PGA Blvd that will result in a City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-05 taking of property along the northern boundary of the site. Due to these constraints, a meandering 12-foot wide pathway would not allow for sufficient landscaping and berming. FDO T Taking After the PGA Blvd widening, the site’s nonconformity to the required 55-foot landscape buffer abutting PGA Blvd will be increased, by the FDOT taking, not because of any action of the applicant. The FDOT taking will also result in a reduction in open space and landscaping; however, the applicant is proposing to provide additional open space to make up the difference and increase the open space by 1.5% on site. Parking Lot Renovations The applicant is proposing to renovate the parking lot to decrease the current nonconformity. The site requires 551 parking spaces to support the retail, bank, and restaurant uses present on the site. The site currently has 476 parking spaces, which is a deficiency of 75 spaces. The applicant is proposing to repave the site, restripe the site, increase the number of parking spaces (52 additional parking spaces), redesign the parking spaces to a uniform dimension and improve the overall traffic circulation of the plaza. Navigating through and parking on the site is difficult because of a lack of adequate striping and wheelstops. Many of the patrons create their own parking spaces in the drive aisles. Presently, the proposed changes are greatly needed on the site. Non-Conformities There are several non-conformities on site that are being addressed with the modifications. Any element of the re-developed site plan that is non-conforming shall be addressed with a waiver request. Waiver Requests Code Section Required Existing Provided Waiver Recommendation Section 78-221(d)(4)5’- Special Front 55’(deficient 50’)12.7’42.3’Support Setbacks Section 78-313 -Min. 15%10.5%Minimum Landscape 12%3%Support Requirements Open Space (deficient 4.5%) Section 78-345 -476Number of Spaces 551 (deficient 75)528 23 spaces Support Required Section 78-344 (I)-Varies 1 foot inParking Stall and 10’ X 18.5’8.5’- 10’ X 18’- 20’9’ X 18.5’width Support Bay Dimensions Section 78-319 -0’ (VVall only)8’Minimum Landscape 8’0’Support Buffer (Rear)(deficient 8’) Section 78-313 Required Landscape 11,849 +4,032 7,337 4,512 Support Points (deficient +7,817) Section 78-344(h) 15’Off-Street Stacking 100’(deficient 85’)71’29’Support Distance 4 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-05 Code Section Required Existing Provided Waiver Recommendation 3’5’3’2’(deficient 2’)Support 0 Islands Section 78-315(c) Minimum Size Landscape Areas Section 78-315(b) Landscape Islands Island Every 9 spaces O Islands (52 spaces) (Rear of bldg.) 5 Islands (Rear of bldg.) Support The applicant has provided adequate justification for staff to support all waivers, which is attached. STAFF ANALYSIS PGA Boulevard Median Landscaping Currently, the Florida Department of Transportation (FDOT) has an approved milling project, which includes PGA Blvd directly adjacent to PGA Plaza. As part of the milling project, FDOT included the design and installation of landscaping in the right-of-way medians within the affected roadways. During the design, planning and approval process, the right-of-way directly in front of PGA Plaza was omitted since the taking for the roadway improvement was not finalized. As a result, the medians were not included in the proposal; therefore, the applicant shall have the responsibility of providing the design, installation, and maintenance of the median directly in front of the site. WCI has consented to design and install the landscaping within the median since it is responsible for the roadway improvements, but will not maintain the median. The applicant has suggested that the Regional Center Property Owners Association take responsibility for the maintenance, since the roadway improvements triggered the requirement for the PUD application. Staff has worked with the applicant, WCI, and the Regional Center POA to resolve the issue. In the interest of facilitating the widening of the aforementioned intersection, WCI has committed to pay to the City of Palm Beach Gardens $5,000 toward the maintenance of the median landscaping directly abutting the plaza. The City will maintain the median in the future. Existing Non-conformities The re-configuration of the parking area, wheel stops, and striping are needed to improve the circulation of the site to provide for the safety and welfare of the plaza patrons. The petitioner is also proposing improving the plaza lighting; the site currently has a late night establishment and the improvements will benefit the aesthetics of the site as well as minimize safety concerns. Although the site does not meet the current minimum landscaping requirements, parking requirements, and lighting requirements of the City’s Land Development Regulations, the petitioner is lessening the non-conformities of the site through improvements and waiver requests. The Land Development regulations encourage the lessening of non-conformities, especially on sites that are considered legal non-conformities. 5 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-05 PLANNING AND ZONING COMMISSION On August 28, 2001, the Planning and Zoning Commission recommended approval of the application with staff’s conditions and approval of the waiver requests by a 6-1 vote. Commissioner John Glidden opposed the motion because he believed the applicant could revise the site plan to increase the stacking distance at the entrances. Commissioner Glidden requested that the applicant work with FDOT to revise the location of the existing median cuts. The applicant revised the site plan to provide additional stacking distance at two of the three entrances on PGA Boulevard. RECOMMENDATION Staff recommends approval of Ordinance 21, 2002. 6 City Council Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 Petition PUD-01-05 ¯EXISTING ZONING AND L~ND USE DESIGNATIONS EXISTING USE Subject Property PC, A Plaza North Bank of America Meadows Trailer Park South Prosperity Oaks West PGA Professional Plaza Palm Beach Community College East Speedway Service Station ZONING General Commercial (CG-1) General Commercial (CG-1) Residential Mobile Home (RMH) Planned Unit Development (PUD) overlaY with underlying zoning of Residential High (RH) General Commercial (CG-1) Public/Institutional (PI) Planned Unit Development (PUD) Overlay with an General Commercial (CG-1) underlying zoning district LAND USE Commercial (C) Professional Office (PO) Mobile Home (MH) Residential High (RH) Commercial (C) Public (P) Commercial (C) Code Requirement Minimum Building Site Area for CG-I 1 acre Propose~ Plan Consistent? 11.05 acres Yes Minimum Lot Width for CG-1 :362.21’Yes100 feet Maximum Building Lot 23%YesCoverage for CG-I: 35% Front Setback:YesFront Setback for CG-1 : 40 feet 44.5 feet (existing building) Side Setback for CG-1 :Side Setback:Yes15’25.1 feet (existing building) Side Setback (Side facing street) PGA Boulevard Corridor 40.3’No Overla~, for CG-1 : 55’ Rear Setback:YesRear Setback for CG-1 : 15’80.8 feet PGA Boulevard Corridor 12.7’ feet (existing buffer Overlay Landscape Buffer: 55’increased)No 7 Meeting Date: May 2, 2002 Date Prepared: April 22, 2002 ORDINANCE 21, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FOR A REZONING OF APPROXIMATELY 11.l 1-ACRE PARCEL OF LAND FROM GENERAL COMMERCIAL (CG-1) TO A PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT (PUD) WITH A UNDERLYING GENERAL COMMERCIAL (CG-1) ZONING, TO BE KNOWN AS "PGA PLAZA," APPROVING THE RENOVATION OF THE PARKING AND LANDSCAPE AREAS TO ACCOMMODATE THE WIDENING OF PGA BOULEVARD AS REQUIRED BYTHE REGIONAL CENTER DRI DEVELOPMENT ORDER ON THE SITE LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF PGA BOULEVARD AND PROSPERITY FARMS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-01-05) from Gentile, Halloway, O’Mahoney & Associates, agent, for approval of a rezoning of approximately 11.11 acres of land from General Commercial (CG-1)to a Planned Unit Development (PUD) overlay with a underlying General Commercial (CG-1) zoning allow the renovation of the parking and landscape areas, to accommodate the widening of PGA Boulevard as required by the Regional Center DRI development order, of PGA Plaza located at 2500-2680 PGA Boulevard, on the southwest corner of the intersection of PGA Boulevard and Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the Planned Unit Development (PUD) known as "PGA Plaza"; and Ordinance 21, 2002 Meeting date: May 2, 2002 Date Prepared: April 22, 2002 WHEREAS, on August 28, 2001, the City’s Planning and Zoning Commission has reviewed said application and recommended its approval, including the requested waivers, subject to conditions of approval. 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 hereby approves the re-zoning of an approximately11.11 acre parcel of land from General Commercial (CG-1) to a Planned Unit Development (PUD) overlay with a General Commercial (CG-1) underlying zoning district, known as "PGA Plaza", and the renovation of the parking and landscaping areas, located at 2500 - 2680 PGA Boulevard on the southwest corner of the intersection of PGA Boulevard and Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1.Prior to construction plan review, the applicant shall submit a revised Photometric Plan, which meets the requirements of LDR Section 78-182, Illumination of Buildings and Uses. (City Engineer) 2.Prior to construction plan review, the app.licant shall submit for review and approval by the City Forester, a landscape plan for the median directly adjacent to the plaza within the PGA Boulevard right-of-way. (City Forester) 3.Prior to the issuance of the first building permit, the applicant shall provide surety for the installation of landscaping within the PGA Boulevard median directly adjacent to the subject site in the amount to be determined by the City Forester. (Planning Zoning) 4.Lighting locations shall not conflict with landscaping and shall include long-term tree canopy growth. (Police) 5.The applicant shall not increase the current Restaurant Use within the Plaza without amending the Planned Unit Development and satisfying all applicable code requirements. (Planning & Zoning) 6.Prior to the issuance of the first building permit and within fourteen (14) days of the issuance of this development order, WCI Communities, on behalf of the applicant, shall submit to the City the sum of $5,000 toward the maintenance of the median landscaping adjacent to the property. Ordinance 21,2002 Meeting date: May 2, 2002 Date Prepared: April 22, 2002 SECTION 3. The following waivers are hereby granted with this approval: 1.Section 78-221 (d)(4), Special Front Setbacks, to allow for a maximum 12.7’ landscape buffer. The Land Development Regulations require a minimum 55’ landscape buffer along PGA Boulevard. 2.Section 78-313, Minimum Landscape Requirements, to allow for 12% open space. The Land Development Regulations requires a minimum of 15% open space on site. 3.Section 78-345, Number of Spaces required, to allow for 528 parking spaces. The Land Development Regulations require a minimum of 551 parking spaces for the approved square footage and uses. 4.Section 78-344 (I), Parking Stall and Bay Dimensions, to allow for 9’ X 18.5’ standard parking stalls. The Land Development Regulations require 10’X 18.5’ parking stall dimensions. 5.Section 78-319, Minimum Rear Landscape Buffer, to allow for a maximum 0’ rear landscape buffer. The Land Development Regulations requires a minimum eight (8) foot rear landscape buffer. 6.Section 78-313, Required Landscape Points, to allow for 7,337 landscape points. The Land Development Regulations require 11,849 landscape points. 7.Section 78-344 (h), Off-Street Stacking Distance, to allow for a minimum 71 foot stacking distance. The Land Development Regulations require a minimum 100 stacking distance. 8.Section 78-315 (c), Minimum Size Landscape Areas, to allow for a maximum 3-foot wide landscape island. The Land Development Regulations requires a minimum of five (5) foot wide landscape island. 9.Section 78-315 (b), Landscape Islands, to allow for 52 parking spaces without the five (5) required landscape island to the rear of the building. The Land Development Regulations require an island between every nine (9)-parking spaces. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 1.January 8, 2002, Parking Renovation Plan by Gentile, Holloway, O’Mahoney & Associates, 1 sheet (SP-1). 2.January 8, 2002, Landscape Renovation Plan by Gentile, Holloway, O’Mahoney & Associates, 1 sheet (L-l). 3.Letter dated March 29, 2002, from H. William Perry to Charles K. Wu, 1 page. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. 3 Ordinance 21,2002 Meeting date: May 2, 2002 Date Prepared: April 22, 2002 SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS PASSED AND ADOPTED THIS SIGNED: DAY OF 2002. DAY OF 2002. DAY OF 2002. MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILMAN JOSEPH R. RUSSO COUNCILWOMAN ANNIE DELGADO ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILWOMAN DELGADO COUNCILMAN CLARK COUNCILMAN RUSSO AYE NAY ABSENT 4 Ordinance 21,2002 Meeting date: May 2, 2002 Date Prepared: April 22, 2002 EXHIBIT A THE SOUTH 400 FEET OF THE NORTH 450 FEET OF THE NORTHEAST 1¼ OF THE SOUTHWEST 1/. OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. LESS THE WESTERLY 100 FEET THEREOF; AND LESS THAT PART CONVEYED TO THE STATE OF FLORIDA IN OFFICIAL RECORD BOOK 2896, PAGE 579; AND LESS THAT PART CONTAINED IN STIPULATED ORDER OF TAKING AND FINAL JUDGMENT RECORDED IN OFFICIAL RECORD BOOK 6411, PAGE 90 BOTH IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND LESS THAT PART LYING EAST OF THE WEST RIGHT-OF- WAY LINE OF PROSPERITY FARMS ROAD. 5 GunsterYoakley ATIORNE¥S AI LAW OUR FILE NUMBt~R: 20804.00004 w~r~,’s o,~cr Ol~. NUMBE,: (561) 650-0651 W~R’S E-M~L Aoo~ss:jnorquest@gunster.com March 29, 2002 VIA TELECOPY. Charles K. Wu, Growth Management Director City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: PGA Plaza Rezoning PUD 01-05 Median Landscaping Maintenance Dear Mr. Wu: As you may know, this Firm represents WCI Communities, Inc. ("WCI"). Please allow this letter to confirm that WCI is committed to providing certain intersection enhancements at the intersection of PGA Boulevard and Prosperity Farms Road as referenced in the Development Order for the Regional Center which is Resolution 96, 1999, Condition 13.D.3. As you know, part of these intersection improvements include road widening and median landscaping associated with Petition PUD 01-05, PGA Plaza. Neither the landowner or any other party will commit to maintain the median in perpetuity. In the interest of facilitating the widening of the above intersection, WCI hereby commits to pay to the City of Palm Beach Gardens $5,000 toward the maintenance of the median landscaping associated with PUD 01-05. The purpose of this one-time payment is to reimburse the City of Palm Beach Gardens for its initial expenses in maintaining the median landscaping until this item can be incorporated as a regular item in the City budget. We will make this payment within two weeks of the final development approval of PUD 01-05. It is our understanding that making this one-time payment to the City constitutes WCI’s only commitment to this median landscaping maintenance and is in lieu of any other requirement by any party with respect to PUD approval, or otherwise, to maintain such landscaping. Please feel free to call me with any questions concerning this matter. Sincerely, H. William Pg~J,, Esq., for WCI Communities, Inc. cc:Frank Kurchinski, WCI Communities, Inc. (via telecopy) Cara Irwin, City of Palm Beach Gardens (via telecopy) Eleanor W. Taft, Esq. J-N/jw:636923.1 Gunster. Yoakley & Stewart. EA. Phillips Point ¯ 777 South Flagler Drive, Suite 500 East- West Palm Beach, FL 33401-6194 ¯ (581) 655q980 ¯ Fax:(561) 655-5677 - wwwgunster.com FORT LAUOERDALE ¯ MIAMI ¯ PALM BEACH ¯ STUART - VERO 9EACH ¯ WE~T PALM 8EACH I.I =i iili ii ii peo~l su.ue.a /,~j~dso.~d XII. ITEMS FOR COUNCIL ACTION: a. City Manager Performance Review. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 4/23/02 Meeting Date: 512102 Subject/Agenda Item: Consideration of proposal for Engineering services for the study and design of roadway improvements and traffic calming on MacArthur Boulevard. Recommendation/Motion: Staff is seeking Council direction regarding this proposal. Council Action:Reviewed by: City Attomey ,~ Finance Director Other Submitted by: Department Director Originating Dept.: City Manager’s Office Advertised: Date: Paper: [ X ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $ 85,500 (Total) $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attachments: Memorandum Proposal [ ] None BACKGROUND: See attached cover memo and proposal for Engineering Services. CITY OF PALM BEACH GARDENS MEMORANDUM TO:Mayor and Council DATE: April 23, 2002 APPROVED: Ron Ferris, City Manager FROM:Sheryl Stewart, Assistant to City Manager ~ SUBJECT:Proposal for Engineering services for the study and design of roadway improvements and traffic calming on MacArthur Boulevard Background On January 17, 2002, a neighborhood complaint was received regarding traffic concerns. Cut through traffic, volume and speed were identified as the primary issues. On February 20, 2002, the Rapid Response Team meeting was convened with citizens throughout the neighborhood and staff. At the meeting, staff received a petition with 45 signatures of residents who opposed the installation of several stop signs that had been requested by another group of residents. As a result of the meeting, several actions have taken place. On March 22, 2002, seven "no through truck" signs were installed throughout the neighborhood, and two flashing school zone signs were installed for Howell Watkins Middle School. The Police Department has conducted traffic counts, and increased enforcement of current traffic signs, signals and speed limits in Plat One. Based on staff’s request, the Palm Beach County School Board has changed all the bus routes for Howell Watkins Middle School so that they travel out to Northlake Boulevard, except for buses traveling with special education students. At the Council meeting on April 4, 2002, a City Traffic Calming Policy was discussed. The policy will be presented for Council approval on the May 16th Agenda. In addition, a meeting was held with Commissioner Karen Marcus who identified $250,000 in County dollars this year, and discussed the possibility of more dollars being made available next year for traffic calming and landscaping along MacArthur Boulevard. The City would be required to cover drainage work and maintenance costs. During the meeting with Commissioner Marcus, it was decided that the City Engineer, Dan Clark, would prepare an estimate cost for the design and engineering services related to roadway improvements and traffic calming. Discussion The City Engineer has estimated that the study and design work for MacArthur Boulevard for roadway improvements and traffic calming would cost $85,500, as outlined in the attached proposal. There are several issues that need to be addressed before proceeding further with the proposed project. The first question is whether staff should implement the project, and if so, how would the project be funded for both the study and design phases. Secondly, if the study and design are completed, the question becomes whether they should be coi~_structed and how to fund the construction costs. The City Engineer has estimated construction to cost approximately $1,000,000 based upon FDOT construction standards. Staff is bringing this information to Council’s attention at this time in order to obtain direction so that we can plan and prepare for the next meeting with the neighborhood regarding their concerns, as indicated in the Rapid Response Team timeline. Should you have any questions, please advise. Attachments Rapid Response Team (RRT) MacArthur Boulevard Traffic Concerns Timeline Action Timeline Date Status 1.Received complaint f~om resident. 2.First meeting with RRT, including resident. 3.Notices out to residents regarding public meeting. 4.Second meeting with RRT, staffto prepare for public meeting. 5.Public meeting of RRT with residents. 6.Third meeting with RRT staff to review. task assignments, issues and solution alternatives. 7.Materials for flashing school zone sign obtained. 8.Report to City Council. 9.Letter to FDOT to advise that the City is installing no through truck signs. 10.Materials for no through truck signs obtained. 11.Staff to write letter to Palm Beach County School Board to request consideration of an alternative route for empty school buses to travel upon leaving Howell Watkins Middle School other than local streets after students are dropped off. 12.Staff to write letter to Palm Beach County Traffic Division to ensure the synchronization of the traffic lights on Northlake Blvd. between Alt. A1A and Military Trail are such that traffic is cleared off of MacArthur Blvd. as quickly as possible. 13.Meet with County Commissioner Marcus’ office to discuss County assistance with traffic calming. 14.Send status report to residents. 1/17/02 1/25/02 1/31/02 2/12/02 2/20/02 3/5/02 3/5/02 3/7/02 3/8/02 3/8/02 3/11/02 3/11/02 3/14/02 3/15/02 15. Installation of no through truck signs and flashing school zone signs (locations listed below). 16. Traffic calming policy to City Council for discussion. 17. Resolution for Council adoption to encourage County to place Congress Avenue extension to Alternate A1A in its Five Year Road Plan (CIP).4/4/02 18. Revise traffic calming policy based on review and comments by Council and staff. 19. City Council to adopt traffic calming policy. 20. Pending policy adoption, traffic calming evaluation will be done to determine extent of problem (must determine who will do evaluation and funding source for evaluation). 21. Pending evaluation results, plan meeting with residents to give findings of the evaluation.6/3/02 3/22/02 4/4/02 4/18/02 5/16/02 5/23/02 Complete Complete Complete Complete Complete Complete In City Line Spring edition Complete Complete Complete Inprogress CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS C[VtL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners for Results Value by Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax: (561) 286-3925 www.lbfh.com April22,2002 File No. 99-4052 Sheryl Stewart, Assistant to City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re:Work Authorization for Macarthur Boulevard, Palm Beach Gardens, Florida. Dear Ms. Stewart: In accordance with your request, LBFH, Inc. is pleased to submit our proposal to provide Engineering Services related to roadway enhancements for the proposed improvements to Macarthur Boulevard located within Palm Beach Gardens, Florida. Based on our understanding of the project and funding, we will attempt to minimize the impact to the area and the local community. The project will explore different alternatives to improve traffic conditions and safety within the corridor, enhance the area with suitable landscaping to promote pedestrian usage, improve drainage conditions, reduce unnecessary impervious .areas and provide lighting as required. Attached for your review is our Exhibit A, Scope of Services. Our work can be performed in accordance with our current Agreement for Services with the City. For budgeting purposes, we have estimated the costs for performing each of the tasks presented in Exhibit A. If it appears as though our estimated amounts will be exceeded, we will notify you immediately. We will not perform additional work on the project without your prior approval. If this proposal is acceptable .to you, please sign and date both copies of the Work Authorization, and return a copy to us as our Authorization to Proceed. If you have any questions or require additional information, please do not hesitate to contact us at (561) 684-3375. Very truly yours, LBFH, Inc. Cesar A. Gomez Client Service Manager Page 2 of 2 Agreement for Macarthur Boulevard Enhancements Project Palm Beach Gardens, Florida Approved: LBFH, Inc. Approved: City of Palm Beach Gardens (Hereinafter: CITY) Daniel P. Clark, Vice President Date: Enclosures In Duplicate C:\DOCUME- l~sue-t\LOCALS- 1 \Temp\Macaertur-cover3.doc EXHIBIT A LBFH, Inc. -City of Palm Beach Gardens Work Authorization Proposed Improvements to Macarthur Boulevard for the City of Palm Beach Gardens, Florida LBFH Inc. will perform the following work in two phases: Study and Design. These phases will include the following: Study Preliminary Work and Data Collection Geotechnical Investigation Preliminary Plan Public Involvement Meetings/Coordination Approval By the City Council Cost Estimate Desi_cln Construction Plans Drainage Design/Modeling Utility Coordination Final Landscape Design Final Lighting Design Permitting Final Cost Estimate Route Surveying Task 1: Preliminary Work and Data Collection: LBFH, Inc. will conduct site visits, attend meetings with City staff and convene weekly progress meetings with subconsultants. We will review available plans and other record data pertaining to the site as provided by the City. Estimated Fee: $2,500 Task 2: Geotechnical Investiqation: LBFH Inc. will Work Authorization with a licensed subconsultant to conduct geotechnical engineering evaluations and subsurface soil explorations. More specifically, the subconsultant will perform soil borings along the roadway as required to determine sub-soil conditions for roadway use. In addition, he will conduct permeability testing within the corridor to determine percolation characteristics of the soils. Laboratory Testing - Routine laboratory visual classification tests deemed necessary (i.e., sieve analysis, Atterberg limits and organic contents. Engineering Analysis and Report - Engineering analysis of all data obtained will be made to evaluate general subsurface conditions and to develop engineering recommendations to guide site preparation and roadway support. The evaluation of the subsurface conditions and the recommendations for the roadway, together with all data developed during the exploration, will be submitted in a written report. Estimated Fee: $4,000 Task 3: Preliminary Plan: LBFH will prepare a preliminary plan that shows proposed roadway improvements along Macarthur Boulevard for two alternatives. The plans will include chicanes, calming features, on-street parking, wider medians, raised paver-crossings, median islands and bulbout islands. The plans will be developed on existing aerials and use existing topographic information when available. The plans will take into consideration the topographic features in the area, local input from the community (already received during the previous public meetings), input from City staff (Public Works Planning),and regulatory requirements to meet the City Land Development Regulations and other jurisdictions as necessary. The two alternatives will be prepared in plan including conceptual landscaping and one section will be prepared for each alternative plan including conceptual landscaping. The landscaping will be consistent with the City’s proposed roadway beautification standards. Each of the alternative plans and sections will be presented as a colored exhibit for use in future tasks. Estimated Fee: $11,000 Task 4: Public Involvement Meetinqs/Coordination: LBFH, Inc. will prepare for and attend three public meetings with City staff. It is assumed the City will arrange for and notice the public meetings and that they will be small groups focused on individual communities. We will also hold one meeting with FDOT and two meetings with Palm Beach County staff including the North County commissioner to coordinate and to receive input on the alternative plans. Estimated Fee: $2,500 Task 5: Approval By the City Council: The alternative plan(s) will be presented to the City Council/City representatives for final approval. Estimated Fee: $2,500 Task 6: Cost Estimate: LBFH will prepare a planning level Engineer’s Estimate of Probable Cost for the roadway improvements based on the Council approved plan. Estimated Fee: $1,500 Tasks 1 through 6 represent the Study phase of the Macarthur Boulevard planning and design efforts. Total estimated lump sum costs for these tasks is $24,000. Tasks 7 through 14 represent the Design Phase of the work. Task 7: Route Surveying: LBFH, Inc. will coordinate the performance of a topographic survey of approximately 3000 feet of roadway. The topographic survey will consist of establishing horizontal and vertical control, obtaining cross sections every 100 feet, locations of existing structures and above ground utilities, locations, sizes and types of existing trees and preparing a sketch of survey to support the design effort. Estimated Fee: $6,500 Task 8: Construction Plans: LBFH Inc. will prepare construction plans and specifications for the improvements to Macarthur Boulevard. The construction plans will incorporate the comments and/or approvals to the preliminary plans. Our plans will include the following as needed: ¯Project location key sheet ¯Typical Sections General Notes/Pay Items Footnotes/Tabulation of Quantities ¯Plan/Profile Sheets ¯Cross sections ¯Calming measure details ¯Drainage structure sheets ¯Signing and pavement marking plans Estimated Fee: $22,500 Task 9: Drainaqe Desiqn/Modelin¢l: LBFH, Inc. shall develop a hydraulic model for existing conditions of the project and contributing area and evaluate the proposed improvements. This task will include area calculations, stage vs. storage calculations and the preparation of a Stormwater Management Report suitable for submittal to the South Florida Water Management District. Estimated Fee: $5,500 Task 10: Utility Coordination: LBFH Inc. will coordinate with all existing utility owners within the Macarthur Boulevard Right-of-Way. LBFH will request that these utility companies "redline" the layout with pertinent facilities (existing and proposed) within the general limits of construction. Upon receipt of the "redlined" plans, LBFH will incorporate the information onto the construction plans and will make provisions in the design to accommodate or minimize potential conflicts. Estimated Fee: $3,500 Task 11: Final Landscape Design: LBFH, Inc. will coordinate the preparation of final landscape plans for the preferred alternative of Macarthur Boulevard suitable for submittal to the City of Palm Beach Gardens Plans approval process. The scope of services will include developing final landscape plans that meet engineering requirements for roadway projects. The plan(s) will be presented to the City/City representatives for review and approval. The design will be based on the City approved conceptual plan and will comply with all of the City requirements. The plan will be at a scale to be determined by the Landscape Architect and will comply with all City requirements. Final landscape plans will address and incorporate comments from the City limited to: ¯ Street trees ¯ Planting quantities and specs ¯ Accent palms ¯ Shrubs and ground cover ¯ Planting details The landscape design will include preparation of final irrigation plans, notes and specifications, including submitting for a SFWMD consumptive use permit for irrigation water and responding to one RFI. Estimated Fee: $6,500 Task 12: Final Li~htin~ Desic~n: LBFH will prepare plans, details and specifications for a new lighting system, or additional street lighting within the project limits. The scope of services will include coordination with LBFH, FP&L, and School representatives. The engineering design will include a photometric analysis report of the proposed lighting system. The plans will identify pole removal and installation of new ones, location of service points, conduit size and material, summary of quantities, special provisions and details of decorative lighting if required. Estimated Fee: $7,500 Task 13: Permittinq Services: LBFH, Inc. shall prepare, on behalf of the CITY, the following applications for the proposed improvements: An Environmental Resource Permit (ERP) for submittal to the South Florida Water Management District (SFWMD). The permit will include Macarthur Boulevard drainage areas and any other historical offsite drainage. If SFWMD requires extending drainage areas beyond those historical areas, additional service fee will be required. This includes submittal of the application and response to one RFI letter. Estimated Fee: $4,500 Task 14: Final Cost Estimate: LBFH, Inc. will prepare a final estimate of cost for the proposed improvements for submittal to the City of Palm Beach Gardens upon completion of the Construction Plans and Short Form Specifications. Note that all permits will need to be secured prior to our preparation of the cost estimate. Estimated Fee: $2,500 REIM: Direct Expenses: This item includes any direct, non-salary expense including but not limited to photocopies, blueprints, out-of-office reproduction or photographic services, long distance telephone calls, special mailing or delivery services, Work Authorization services authorized by the CITY and special materials. Estimated Fee: $2,500 Tasks 7 through 14 represent the Design phase of the Macarthur Boulevard planning and design efforts. Total estimated lump sum costs for these tasks is $61,500 Authorize Study Phase: $24,000 City Manager Date Authorize Design Phase: $61,500 TOTAL ESTIMATED AMOUNT (Both Phases): $85,500 City Engineer Date City Manager Date City Engineer Date G:\Cesar-G~Agreement for Services Macarth.doc SPECIAL PROVISIONS The following Special Provisions shall qualify or supplement any provision in this Work Authorization, and shall override and take precedence over any provisions with which they may be in conflict: The Time and Expense estimates are based on past experience on similar tasks for similar projects. However, these estimates may need to be revised based on the individual characteristics of this project subsequent to initiation of services by LBFH. Prior to providing services beyond the level of effort represented in the estimated fee for Time and Expense items, LBFH will inform the CITY of the status of the estimated budget to agree upon either additional fees or a reductions of the Scope of Services provided by LBFH. 2. The City shall provide all permit application fees. The Preliminary Plan approved by the CITY or their representatives shall be signed, or otherwise acknowledged as approved, by the CITY or their representatives. Any substantial changes affecting the intent of the approved Design requested or required by the CITY that results in additional work by LBFH shall be subject to payment by the CITY on a ’qime and Expense" basis, unless otherwise agreed upon by LBFH and the CITY. The CITY shall designate, in writing, a person to act, as the City’s representative with respect to the services to be rendered. Such person shall have complete authority to transmit instructions, receive information, interpret and define the City’s policies and decisions with.respect to LBFH’s services for the project. ~ o The CITY shall assist LBFH, by placing at LBFH’s disposal, all available information pertinent to the project including previous reports, surveys and any other data relative to the design or construction of the project. 6. The location of jurisdictional wetlands, if any, is not included in this Scope of Work. 7.This Work Authorization provides for the preparation of a two-phase project. Additional phasing shall be compensated for in accordance with a subsequent Work Authorization. This Scope of Work does not include the following services: ¯An environmental site assessment of the property or facilities to be demolished to determine the existence of hazardous materials and/or petroleum products. ¯An environmental audit to determine the existence of protected species of fauna and/or flora. ¯A traffic impact study. ¯Offsite utility or roadway improvements. ¯Design of new restroom facility. ¯Decorative landscape lighting. 9.Hydrogeological studies or groundwater modeling is not included. 10.Saltwater intrusion analyses is not included. 11.Pump station design is not included. 280 285 0 ZZ EXIST. "ALT. A]A NOT PLATTED FRENCHMAN’S FOREST Z , POA FLUA , CONS 0 Z ZZOm. I*. 500" ~’~ ~" UNICORPORATEO (P.B.C.) Z , RS FLUA , MR5 PLAT FIVE FRENCHMAN’S LANDING t R/W LINE nil iiim ii i i I mnllnnnn I I l IlBlllllanm |llmOllmn I IIIlllnllnnn III I1|11|11111 R/W LINE Inlll Illlln IIII I II " l I I I I I I ! ! II I I : I I I: i : I I I I CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, there are chambers of commerce located in our community representing small and large businesses in operation in the community; and WHEREAS, in addition to promoting the business, civic, and economic interests of our area, chambers of commerce provide input to leaders of all levels of government on various issues of critical concern to business and residents; and WHEREAS, today’s chambers of commerce are also vigorously leading their communities in advancing economic prosperity, establishing a clear community vision, and solving tough problems; and WHEREAS, volunteers give unselfishly of their time, energy, and expertise in advancing the purposes of the chamber of commerce and in meeting the goals of their annual programs. NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of June 2, 2002, as Chamber of Commerce Week, in the City of Palm Beach Gardens. Furthermore, the City Council of Palm Beach Gardens pauses in its deliberations to recognize the merits of the chamber of commerce of the Northern Palm Beaches and to express its sincere appreciation for the steadfast efforts of all those involved in their organization. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 2nd Day of May, in the year Two Thousand and two. ATTEST." BLANE KA UTHEN INTERIM CITY CLERK COMMENTS FROM THE PUBLIC Request to Address City Council 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. Please Print Name: COMMENTS FROM THE PUBLIC Request to Address City Council Address: Oity: {~) ("? 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. Please Print Name: Address: City: Subject: 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 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: Address: City: Subject: 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: Address: 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. Please Print Name: Address: City: Subject: 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) minutesl CHARACTER FIRST!* BULLETIN SERIES 2/NO. 28 Ap g a geel ~m a new pprsp~ idea Consider "The waste of plenty is the resource of scarcity." --Thomas Love Peacock Recognize the Quality CREATIVITY vs. Underachievement Approaching a need, a task,. or an idea from a new perspective The term creativity is a misnomer, really. In a literal sense, to create is to bring something out of nothing. No human being has ever literally created anything. To be more precise, creativity, like cooking, is th~ discipline of combining previously 6xisting ingredients under various processes to bring about something better than any of the ingredients would be alone. Creativity is not so much the. making of something new as it is viewing something old from a new perspective. cre.a.tiv.i.ty n 1: the quality of original thinking 2: bringing about; causing to exist 3: irna the to visualize Creativity is bringing a fresh idea to an old problem. It is expanding one’s frame of reference, thinking outside the box, pressing beyond the status quo, and then finding ways to apply the ideas discovered. Jigsaw Puzzle Creative thinking, like putting together a jigsaw puzzle, requires patience. The big picture does not come suddenly into view. First, the various pieces have to be examined individually. What resources are available? What kinds of patterns are we encountering? Do we know what the final outcome needs to look like? Once all the puzzle pieces are turned face up and spread out, put the "edge" pieces into place: What are the parameters I can work within? What are the facts of the sit- uation? What are the assumed limitations I can disregard? Then, as various elements o’f the puzzle are studied and compared, it becomes evident how they fit together. With patient persistence, the picture becomes clear. Similarly, creativity is not waiting for sudden inspiration. Rather, it is systematic.examination of what is known in order to deduce what is not yet known. Relating the Unrelated Individuals tend to follow certain lines of thinking when discussing certain subjects. When dealing with water, for example, people think in terms of boats, rudders, anchors, and floats. Air, on the other hand, evokes images of air- planes, wings, propellers, and jets. Creative ideas, as with the development of the hydrofoil, sometimes result from relating similarities between seem- ingly unrelated realms. The hydrofoil operates in water on the same principle as an aircraft wing in the air. There are actually striking similarities between the nature of air and that of water. By comparing these similarities and apply- ing principles of flight to water (or principles of water navigation to the air), creative new ideas are born.- Perhaps no animal is as curious and creative as the raccoon. Raccoons have been known to figure out how to open the latches on doors in order to get into a farmer’s outbuildings. 2 CREATIVITY On the Job and At Home Series 2 Issue 28 INTRODUCTION IN THIS ISSUE "Chance favors the prepared mind." --Louis Pasteur Creativity is not a coincidence. It is a discipline. Creativity comes from preparing the mind in at least two ways: how I view the situation and what data I bring to the situation. How I View the Situation When Johannes Gutenberg sought a better way to reproduce books, he did not confine his thinking to the para- digm of his day: hand-copying. Guten- berg was not looking for "a faster way to copy manuscripts." He shifted his thinking: He was looking for a more efficient way to put text on paper. By focusing on the goal (text on paper), thought beyond the paradigm of method (hand-writing). Creativity requires preparing the mind with the right questions. It has been said, Ask the right question, and you will get the right answer. What Data I Bring to the Situation For centuries before Gutenberg invented his printing press, it was common for the seals of royalty to be cut into blocks of wood, dipped in ink, and pressed on important documents. The creativity of Gutenberg was not an idea out of the blue: he adapted an old technology in a new way. Creativity depends on finding the right data to answer the right questions. This bulletin is all about creativity: ¯understanding what it means to be creative, ¯ observing examples of creativity in the lives of men and women in his- tory, and ¯applying creativity in your own life at home and on the job. Consider 2 What does it mean to be creative? Read the facing page and think about it. Think 4 Think positive Fred Jones had a "can do" atti- tude. He had no education, no technical training, and no money. But he had unwavering confidence, and your refrigerator is full of reasons why you can be grateful for his optimism. Deduce 6 Think in concepts ~f it is too large, turn it inside out. That was Fred Jones’ solution to the motor that was too heavy. Do you know how to look beyond objects to the principles they represent? Clear 8 Clear your mind When your mind is cluttered or you hit a mental roadblock, try these practical ideas to gain a fresh perspective. Reconsider 10 Reconsider the status quo Conventional wisdom is not always wise. Read about a man who broke with tradition and revolutionized an industry. Adapt 12 Think outside the box if ~o~ ar~ new ideas where you would expect to find them, try a place where you would not expect to find them. 3 Think "It’s like driving a car at night. You never see further than your headlights, but you can make the whole trip that way." mE.L. Doctorow Face Problems With a Positive Attitude Thermo King Corp. but you can face it with a positive atti- tude, ready to do something about it. Creativity is a character quality with a "can do" attitude. When a task looks impossible, creativity is the persist- ence to keep looking at it from differ- ent angles, confident that there is a right solution. Few people exemplify "can do" creativity like Frederick McKinley Jones, a Minnesota inventor in the early 1900s. Fred Jones was born near Cincinnati, Ohio. His mother left when he was an infant, and his father gave him to the Catholic church when young Jones was 7. By age 11, he had dropped out of school and run away. Claiming to be 14, Jones gota job sweeping floors in a mechanic’s garage. Fred Jones had nothing. No family. No money. No education beyond the sixth grade. Yet despite these seeming hin- drances to success, he did not know the meaning of the word impossible. Working in the garage, he watched the mechanics and pored over manuals until he convinced the men to let him help change tires. Then he talked his ~vay into some regular repairs. By the time Fred really was 14, he was a full mechanic in the shop. By the time he was 15, he was the garage foreman and had designed and built two race cars. Wandering from Cincinnati, Jones settled in Hallock, Minnesota, where he repaired machinery, built another race car, built a snowmobile using an air- plane propeller for thrust, and constructed a wireless radio so powerful that the government shut him down for interfering with Navy ships at sea. He also built an X-ray machine for the local doctor. When the local movie theater could not compete with the new "talking picture" theaters in the big cities, Jones built a Sound-and- film projector for $100 that was supe- rior to the professional systems. Jones simply did not know the mean- ing of impossible. If a friend or neigh- bor had a problem, Fred went to the library, checked out books, and per- sisted until he determined, designed, and built the solution. It was word of Jones’ talking movie projector that earned him an invitation to work for a theater equipment firm in Minneapolis. He took the job and became vice president of engineering. There, he designed projection equip- ment, the first automatic ticket-and- change dispenser, and theater air con- ditioners. Then, a truck broke down. At that time, long-haul trucks were loaded with ice and salt to keep food cool. But when a truck full of poultry broke down outside Minneapolis, the entire load spoiled. Fred Jones was told about the problem, and he went to work designing and building the first successful refrigerated truck. By the end of his life, Fred Jones had more than 60 patents to his name, with 40 of them in the field of refrigeration. He was offered an honorary doctorate from a Washington, D.C. university, but he "never had the time" to get it. Jones was, with~out question, a brilliant man. Though he had almost no formal education and no capital to build on, he did have an eagerness to solve peo- ple’s problems and a persistent "can do" attitude that made a difference. "Put your thinking cap on!" --Mom Think Think on the Job Fred Jones’ boss, the president of the theater equipment company, was golf- ing with the president of an air conditioning firm and the president of a trucking company when the accident happened. The golf game was inter- rupted when the transportation executive got the call that one of his trucks was down and the load had spoiled. Disgusted, he turned to the air condi- tioning man and asked why refrigeration for trucks had not been devised. The AC expert indicated that it had been tried but.was impossible due to the limited power available on trucks and the dirt and bounce of the road. The theater equipment president, howe~er, knew that he had a "can do" man in his company. He immediately remarked that Fred Jones could figure out a way, and the next week, the transportation company sent over a truck to see if Jones could make good. To their delight, he did--resulting in the birth of a new industry. Let yourself think optimistically. Even if experts think an idea impossible, do not be so quick to give up. Think Think 1. What was the primary basis of Fred Jones’ success: his financial means, his education, his opportunities, or something else? 2. When is "positive_ thinking" beneficial, and when is it blind optimism? Raccoons do not give up easily! Once a raccoon sets its mind on something, a lock, airtight container, or doorknob likely will not keep this creative ani- mal fron~ finding a way to reach its objective. Think With Balance Positive thinking is foundational for posi- tive action, but thinking itself does not change the facts. An optimistic attitude sim- ply dissipates hindrances that we suppose to be there but really are not. Thus, positive thinking and creativity must be exercised in balance with truthfulness, "earning future trust by accurately report- ing past facts." Telling others "I can do that!" or "We can figure out a way!" and then not delivering will cause a loss of trust. Approach prob- lems with a positive outlook, but be careful not to hastily promise results without some idea of how you will provide them. Take an honest look at the feasibility of the solution and then give a truthful assess- ment. Keep creative optimism in context with truthfulness. Think at Home After telling your children about the inven- tor Fred Jones, encourage them to think of something they can invent. Maybe they would like to figure out a system of strings and pulleys to let them switch their bed- room light on or off while sitting in bed. Maybe they would want to design a con- traption on paper for catching butterflies. Perhaps they would build a tool to help them complete a routine chore more easily. Whether it is something genuinely useful or simply "creative," take the opportunity to encourage your child’s self-confidence. Inventing is not something mysterious and superhuman; it is the fruit of confident cre- ativity in the face of a simple, everyday need or idea. Think positive 5 Deduce "For many things we can find substitutes, but.,.[not] for creative thought," --Crawford H. Greenewalt Observe Processes Behind Solutions The light bulb has become the stan- dard symbol of a creative idea. But what does a light bulb represent? When you see a light bulb, do you see an objeqt that emits light, or does your insight pierce more deeply? Creativity is noting the principles at work in what you see. In considering a light bulb, for example, the creative will perceive not an object before them, but a process: a glass-encased vacuum and a filament that glows when heated. We all know that is how an incandescent bulb works, but creativ- ity is learning to think about the con- cepts at work around us--and being able to apply them in a variety of circumstances. Among his many innovations, Fred Jones is best known for his successful refrigeration of tractor trailers. But his first transport refrigeration unit weighed 2,200 pounds and was mounted on the belly of the trailer. To achieve maximum efficiency, the unit had to be mounted away from the dirt and gravel of the road. It needed to be made lighter so that it could be mounted on the nose of the trailer. How could the unit be redesigned both smaller and lighter? With characteristic optimism, Jones tackled the problem and looked for the solution. His first model had already been assembled with a minimum of parts; any improvement could not simply be a rearrangement. Something creative had to.b.e done to remove parts. To accomplish this, Jones had to look at the inner workings of the various Therrno King Corp. components in his Unit. Furthermore, he had to think about what each unit was actually accomplishing in princi- ple. For example, he noted that the electric starter motor in his unit included both a motor armature and a flywheel, both of which operated on a principle of high speed rotation. With this observation, Jones turned the motor "inside out." He built a new motor with the stationary field mag- nets inside so that the rotating body of the motor could be outside. Through this process, Jones was able to remove the bulky flywheel altogether: the motor armature itself (with a little added weight)would cover both its own function and that of the flywheel. In fact, Jones decided to fix fins to the new combination rotator/flywheel, equipping it to triple as a cooling fan. By studying the parts of his machine and deducing the principles by which each functioned, Jones discovered cre- ative ways to combine parts-where there was overlap and thus reduce the overall weight of the unit. Conse- quently, Jones’ second cooling unit weighed in at a slim 950 pounds, less than half the weight of the first. Creativity involves seeing beyond objects and activities. It is deducing the principles at work in the world around you--thinking in cbncepts. Whether looking at tangibles like light bulbs and motors, or intangibles like personnel problems, customer needs, or the marketplace, creativity is learn- -ing to deduce the basic principlbs at work in order to apply that under- standing in. other areas. "Whatever creativity is, it is in part a solution to a problem." --Brian Aldiss Deduce Deduce on the Job It is ironic that the light bulb has come to represent "sudden inspiration." Thomas Edison and others labored many months to devise the first successful light bulb. In fact, most creative ideas involve similar hours of determined focus. But creative thinking is not a matter of letting blind, chance thoughts float in and out of the mind until the "right one" randomly strikes. Creative thinking is a matter of systematic study: studying to understand the materials and processes at work in the problem area. It is by the understanding deduced from such observation that the raw ideas are gleaned that can then lead to a "new approach." When facing a problem, rather than looking at it in the same way and from the same angles that you always have, study it afresh to understand what is actually taking place. Deduce the basic principles at work, and then consider solutions that address those principles. Think Deduce 1. Look around the room at the objects nearby. Talk about what it means to view these objects as processes. How do you deduce the principles at work behind them? 2. Jones’ problem was primarily one of consolidation. How did his ability to observe concepts at work help him to consolidate parts? Usually, no garbage container is safe from these furry little bandits, no matter how sophisticated its latch mechanism. Whether removing the stubborn lid of a locked trash can or foraging for food elsewhere, raccoons deduce ways to overcome the obstacles they face. Deduce With Balance All this talk of concepts and principles and intangible ideas can quickly become rather obscure. And so can cre- ative thinking. Some creative solutions that people devise are so creative that they are of no practical good. Imaginative creativity needs the sober- ing balance of sincerity. Sincerity is "eagerness to do what is right with transparent motives." In the context of creative problem-solving, sincerity is keeping one’s ideas clear and simple. Do not let your creative deductions carry you away from sanity. Dream wild ideas, but be sure they are ideas you can sincerely recommend before you propose them. Deduce at Home Make Creativity posters to hang around the house. Begin by reading to your children about the creativity of the raccoon from the back of the poster (page 14 of this bulletin). Books at your local library will provide additional stories about raccoons and more pic- tures for your children to see. After reading about the raccoon’s cre- ativity, have your children pick an example of the raccoon’s creative abil- ity to overcome problems (e.g., opening a jar, opening a door, lifting a cover). Have each child draw a picture of the raccoon creatively solving a problem. Write the definition of creativity on the posters and then hang them in promi- nent places throughout the house. Think in concepts 7 "We live at a time when man believes himself fabulously capable of creation, but he does not know whatto create." --Jos# Ortege y Gasset Clear Your Mind to Think Big ( I/tD U(K RUT, I:~ CONGR you need to free it somehow. Banging your head against a wall is futile-- except to vent frustration or, perhaps, to give you a concussion! Instead, con- sider the-following ideas to help clear your mind to think creatively. Change Leave the office or get out of the house¯ Find a new environment in which to think. Old thoughts have a way of clinging to old surroundings, and mental associations can be diffi- cult to break. A chan, ge in your surroundings may lead to a change in your thought patterns. Simplify The more you wrestle with a problem, the more complex it may seem, and problems have a way of becoming further entrenched as they appear to become more complicated. Start over. Simplify. What is the basic goal that you are trying to accomplish? Rather than worrying about details at first, work on fixing your mind on the goal in simple terms. Exercise The brain is highly efficient, but it does give off "pollution." Toxins¯build up m muscles/and in the brain ~yith normal use. Regular, vigorous exercise and fresh air help to clear the mind¯ General George S. Patton was so convinced of the need to clear the mind and provide oxygen to the body that he would order his soldiers to give time to the regular exercise of breathing. Listen or Play Music is a powerful medium. Thomas Jefferson knew that music can help clear the mind and stir creativity. Studies confirm that either playing an instrument or listening to music can relieve stress, boost energy, increase efficiency and productivity, and improve communication. Brainslerm With your mind cleared, your environment changed, and your goal stated simply before you, write down ideas--even crazy ones. The value of, starting with even absurd ideas is that they break your mind out of its rut and introduce fresh thinking. And once in awhile, one of those ideas that at first seemed crazy, upon further reflection, is not so crazy after all. Such was the discovery of the merchants and agriculturalists of the Frisians who first settled the Netherlands. There are many legends and an air of mystery surrounding the history of the Netherlands dikes, but the idea to turn ocean into farmland certainly seemed a crazy one. According to some histo- rians, it is believed that the decision was the brainstorm of early Dutch businessmen. Due to a growing population but small territory, land was extremely valuable. More land was needed for farming, and the natural solution was to purchase or seize it from neighboring nations to the east. But then someone suggested that they attack instead their neighbor tO the west: the sea! Thus, the famous dikes were con- structed and windmills erected to pump water from the polders. Today, roughly two-thirds of the nation--one of the most populous in Europe--is below sea level. When facing a problem that has your mind stuck in a rut, creativity is know- ing how to clear your mind in order to find the creative solution. "A strong imagination begetteth opportunity, say the wise men.’" --Michel de Montaigne Clear Clear on the Job Another help for freeing the mind from a rut is reading. A good book will guide your thoughts into new thought patterns. If you can read a book dealing with your area of contempla.tion, someone else’s thoughts may stir new ideas in your own mind. Widen your perspective: Read books. Think in a new setting. State your goal more simply. Get some exercise. Listen to or play music. Brainstorm. Think Clear 1. Discuss various ways you have found helpful to broaden your per- spective: those listed in the article as well as any others. 2. Why do you suppose a person’s thoughts get "stuck in a rut" in the first place? How can this problem be avoided? Raccoons "wash" their food before eating, a practice that clears it of mud and debris and makes dry food easier to swallow--a creative way to compehsate for the lack of salivary glands in the raccoon’s mouth. Clear With Balance There is a difference between being stuck in a rut that goes nowhere and sticking to a train of thought in order to get a job done. The creative flair for free thinking must be kept balanced by simple, focused attentiveness, "showing the worth of a person or task by giving my undi- vided concentration." Taking breaks to clear the mind or getting out of the house to think are helpful ideas, but they also can be excuses to avoid the problem at hand. Any of the mind-clearing approaches mentioned on the facing page can also be employed as methods of escape from having to concentrate. Avoid this situation. Instead, focus diligently on the problem you are seeking to resolve. Give it your undivided attention. Take steps to clear your mind and keep your thinking fresh, not as a means of escaping the pressure of concentra- tion, but as an aid to better concentration. Creativity and attentiveness are a tremendous combination when exercised in balance. Clear at Home The same techniques adults use to free their minds when they are "stuck in a rut" can be use- ful for children when they are stumped on a homework problem. When your child is having trouble getting through her homework problem, help her think through the problem. Rather than just telling her the answer, instead help her to simplify it by breaking it down into steps. Children may not have the maturity to take a break to clear their minds without getting carried away with taking too many breaks, but you can encourage them to take a break from the troublesome problem by going on to others and then coming back to it. In small ways, help your children get used to approaching problems from different angles, rather than getting stuck in a rut when stumped. Clear your mind 9 Reconsider "The significant problems we face today cannot be solved at the same level of thinking we were at when we created them." --Albert Einstein Revisit Conventional Wisdom People had tried to build sub- marines like the Turtle (shown above) ultimately all failed. John Philip Holland chose to model his submarine after the instead attempts ( ballast tanks that allowed his boat to dive rather than sink, another concept in the world of submarines that proved successful. is counsel worth heeding, but it is not counsel to be taken as unalterable or unchanging truth. Conventional wisdom refers to the tenets held for so long within any given field that they have become next to com- mon sense. For example, it is conven- tional wisdom in photography that.the subject of a picture should be in clear focus. Conventional wisdom guards us from making the same silly mis- takes over and over, like taking blurry pictures. Knowing when to break the "rules" of conventional wisdom, however, is one of the marks of creativity. For example, some photographers have intention- ally used blurring to achieve creative and meaningful effects in their art. Sometimes it is better to set aside con- ventional wisdom and step outside the norm. Conventional wisdom might be hindering progress. Creativity is knowing when to set aside conventional wisdom. An illus- tration of this facet of creativity can be found along the shores of nineteenth- century New York. George Steers grew up playing along the New York beaches in the early 1820s. His father was a shipbuilder, and so was the son. George Steers built an 8-foot flatboat at the age of 10. At 16, he built a 16-foot sailboat. Two years later, he built a 21-foot rowing boat that won so many races that it came to be known as the fastest boat in New York. --Steers had never received a proper apprenticeship or any formal instruction. He never liked to read shipbuilding literature. He learned by observing and doing. As a result, he developed an unconventional approach to ship- building. In 1851, Steers introduced a new style of yacht: a design he had conceived while a boy. According to conventional wisdom, the beam (the widest point of the ship) needed to be kept near the front of the boat. Otherwise, it was feared, a boat would ~3ose-dive into the water, especially in rgugh weather. Steers reasoned, however, that this assumption was false. In fact, he believed that keeping the widest point of the boat near the front forced the boat to pound through the water like a wall rather than carving gently through the waves. If a yacht could be built that spread the displacement of water along a broader length of its body, a faster, more efficient vessel would result. Breaking from conven- tional wisdom, Steers developed a rev- olutionary new yacht. To test his theory, Steers entered his craft--the America--in a race against the finest vessels in England. The London Times published the following description of the race: "While the [opposing] cutters were thrashing through the water, sending spray over their bows, and the schooners were wet up to the foot of the foremast, the Amer- ica was dry as a bone." The water roiled smoothly across her sides as Steers’ boat cut her way to a stunning victory. Abandoning accepted norms is not always progressive, but creativity is the ability to determine when such a break is advantageous. "Originality is simply a pair of fresh eyes,’" --Thomas W. Higginson Reconsider Reconsider on the Job Every parent of toddlers understands that there are two kinds of "why" questions. There is the why that wants to understand, and there is the why that is expressed to challenge and resist. Ask "why" in the first sense of the question whenever you face tenets of conventional wisdom. Ask why it has "always been done this way" in order to reconsider whether it is .really the best and only way to do it. But be careful not to get too testy. Asking "why" in the second sense--just to challenge the norm--can lead to a careless disregard of lessons that were difficult to learn and need not be learned all over again. Glean from conventional wisdom, but know when to move beyond it. Think Reconsider 1. Why does it take courage for someone like George Steers to break with conventional wisdom? 2. Why must we be careful not tb be too hasty to reject conventional wisdom? The raccoon uses a creative, unconventional method for catching crayfish. Running its fingers around the rocks in a stream, the coon soon feels the sharp pinch of a crayfish. Before the crayfish knows what is happening, its act of defense becomes its undoing, and the raccoon enjoys a tasty snack. Reconsider With Balance It has already been expressed that a cavalier disre- gard for conventional wisdom is dangerous. We live in an age of free-spirited individualism, and the balancing character quality cautiousness must be emphasized. Cautiousness is "knowing how important right timing is in accomplishing right actions." If George Steers had been wrong and had built a yacht that took a nosedive into the Atlantic-- as conventional wisdom said his design would-- his error might have been deadly. Thus he worked with his theories of boat design for many years before launching his revolutionary design with confidence. Test conventional wisdom. Push the limits. Break the norms. Reconsider the rules. But cautiously avoid overlooking the time-tested wisdom that is expressed in conventional tenets. Reconsider at Home Hand each child a sheet of 8~" x 11" paper and a pair of age-appropriate scissors. Ask them if they think they can cut a hole in the paper big enough to walk through. Let them puzzle over the problem for a bit. Then show them how it can be done. By cutting the paper in stripes as illustrated below, a simple 8~" x 11" sheet of paper can become a large paper hoop through which a child can fit his whole body. Talk about how creativity is facing a problem with a fresh approach--in this case, reconsidering the concept of a "status quo" hole in a piece of paper. Reconsider the status quo 11 Adapt "The greatest expression of creativity is giving new life to something devoid of life."--Unknown Draw From Other Fields A pool of water stagnates if there is no outside water source to keep the cur- rent stirred. Similarly, ideas become stagnant without a fresh source of thought. Trade journals and trade shows pro- vide a constant stream of information within the industry, which helps keep ideas developing. However, conversa- tion within a given field ultimately tends to regurgitate accepted assump- tions. Creative ideas develop when a person mines for gold outside the boundaries of her field and adapts what she finds. A French boy who demonstrated the value of importing ideas from a field outside his own was 15-year-old Louis Braille, inventor of the standard writ- ing system for the blind. Braille was born with perfect vision but became blind at age three due to a tragic accident at his father’s work- shop. When he was 15, his parents enrolled him at a school for the blind in Paris. Braille was excited about studying at the National Institute for the Young Blind because the school was pioneer- ing a new method by which the blind could read. The Institute had printed several books in large, raised type. Students could trace their fingers over the shapes of letters to read them. But there were serious drawbacks, too. Tracing the shapes of letters was slow, making even a single paragraph tedious to read. Furthermore, the print had to be very large, meaning that books were bulky and heavy--as much as 100 pounds or more. Perhaps ways were being discussed to publish books in volumes or otherwise to reduce the awkwardness of the sys- tem, but conversation within educa- tional circles continued to reinforce the firmly fixed raised-letter paradigm. When Louis Braille was 15, however, he conceived how an idea he picked up from the military could be adapted for use in the field of education. Captain Charles Barbier had devised a crude method for sending simple mes- sages to his soldiers at night, using a Morse-code-like method of dots and dashes punched into cardboard. Braille, hearing about this practice, went to visit Monsieur Barbier for a demonstration. When he brought the idea back to the Institute, Braille was told it would never work. Braille, however, dedicated the next 14 years of his life to designing and per- fecting an elaborat6 system based on Barbier’s military idea that would enable the blind to read. The result was a 63-character system formed by variations of a 6-dot cell. Letters, punc- tuation marks, numerals, and even musical notation could be recorded in Braille’s system. It took many years to catch on, but Braille has since become the universal standard of written com- munication for the blind. Frankly, .it is doubtful whether anyone actually creates new ideas. Creativity is really more about combining existing ideas in new wgys. Thinking outside the box by tapping into ideas from fields outside your own and learning to adapt them will foster creativity-- and who knows just what the result might be! Creativity Approaching a need, a task, or an idea from a new perspective Raccoon The Creativity of the Raccoon The earliest written record of raccoons exists in the October 17-18, 1492, entry of Christopher Columbus’ journal. On both his first and second v6yages to the New World, Columbus captured specimens of these playful creatures to take back to Portugal and Spain. He called them perro mastin, literally meaning "dog like a clown." It is likely that Columbus’ choice of terms referred to the masked face that gives the appearance of a clown, but the raccoon’s antics also justify the title. Raccoons are incredibly creative, playful creatures. Stories Surrounding the Raccoon Native Americans have many legends about the ani- mals we now know as raccoons. In each of them, the raccoon takes a role of innovation and skill. Settlers in the Jamestown Colony were introduced to these furry creatures by the Native Americans. It was actually Captain John Smith who, while in the camp of the Algonkin Chief Powhatan, noticed the unusual raccoon furs covering the chief’s throne. Smith tried to s6und out the name that Powhatan and his daughter Pocahontas gave to the animal bearing such fur, finally concocting the word rahaughcums. American colonists often took raccoons as pets. When Finnish naturalist Pehr Kalm visited America in 1748, he observed the creativity of pet raccoons that figured out how to circumvent any lock employed by their ~ masters--helping themselves to molasses, chicken, or whatever they desired. women therefore," reported Kalm, "have everyday some complaint." Continental soldiers, short of provisions for warm uniforms, found their old frontier coonskins ideal for hats and earwarmers. In fact, by leaving the rac- coon’s tail attached to the fur hat, soldiers used the tails as scarfs. The New Jersey militia became partic- ularly known for their coonskin caps. At the end of the War for Independence, one military document ordered, referring to the New Jersey soldiers by their hatted nickname, for "each devoted Raccoon to receive down forty...dollars." Creative and Curious Creature Raccoons are incredibly curious animals. In all prob- ability, it is their insatiable curiosity that motivates their creativity. When the coon smells a treat or sees something glittery*, it cannot rest until it figures out how to reach it. As a consequence, raccoons in homes can cause quite a mess. Nothing seems to hinder them. Using their dexterous forepaws, raccoons can open door latches, unscrew jar lids, remove corks from bottles, and even turn doorknobs to open doors. In the wild, raccoons creatively "trick" crayfish and clams into being caught for dinner. By dangling its fingers at the crayfish or slipping them into the slight opening of a clamshell, the raccoon entices its victim to clamp shut--and dinner is served. Creative Memory of the Raccoon The creativity of the raccoon is compounded by its good memory. One researcher presented a raccoon with a latch puzzle that took the animal 17 minutes to figure out. When re-presented later, the raccoon solved the same puzzle in 4 minutes. Subsequent attempts took only a matter of seconds. Other tests taught coons to associate certain balls with food rewards. These balls were always chosen over other balls. When the same selections were pre- sented months later, the raccoons were quick to remember and make the right choice again. m m © m --t 0 m Copyright © 2002 by Character Training Institute, 520 W Main Street, Oklahoma City OK 73102. All rights reserved. "Make visible what, without you, might perhaps never have been seen." --Robert Bresson Adapt Adapt on the Job Scholars seeking to do Ph.D.-level research are urged to pursue their research in the literature of several languages, not just their native lan- guage. Important insights are often discussed in German circles, for example, that never appear in English scholarly literature. An ability to read broadly is thus vital for dedicated scholarship. You need not necessarily learn foreign languages, but seek to develop interests outside your own career path. Subscribe to a historical maga- zine; get a book from the library on glass manufacturing; read a flyer on current developments in aerospace technology. Creativity is not so much coming up with new ideas as it is having a broad spectrum of informa- tion to utilize. Creativity is making new applications of ideas not previ- ously used in a particular way. " Think Adapt 1. Louis Braille was studying writing systems for the blind. Yet where did he discover the solution to his challenging problem? 2. What areas of interest can you pursue outside your career track? The raccoon loves to explore tree hollows. When it "thinks outside the box," it has an amazing ability to find a way into openings as small as three inches in diameter! Adapt With Balance Thinking beyond your boundaries by reaching into other fields of expertise is a practical means for developing creative thinking. However, applying those ideas in your own field requires that you understand your own field well. Cre- ative dabbling in other fields will be fruitful only if you are diligent to study and master your own area of application. In terms of character, this represents a balancing of creativity with thoroughness. Thoroughness is "knowing what factors will diminish the effectiveness of my works or words if neglected." Louis Braille mastered the existing system of raised letters to understand its strengths, weak- nesses, and production. He then imported ideas from the military to improve on what he already knew of raised-type systems. Be thorough in your expertise of your job area. Then, look for creative ideas from other fields to adapt and apply. Adapt at Home Find a book written in Braille to show your chil- dren. Explain the story of Louis Braille and how he developed this system of writing. Discuss how Brai!.le’s creativity has benefited thousands of people. As a family, learn the Braille alphabet, or num- bers 1 through 10 in Braille. Practice reading the Braille signs in elevators and elsewhere. For older children, use a dull pencil point and a sheet of paper on a soft surface to practice press- ing Braille characters into a sheet of paper. (This can be tricky, since the characters will have to be pressed in reverse into the back of the paper to create the bumps in the right form on the front. A creative way to work around this problem is to have children draw black marker dots on the front of the paper and then, from the back, to make impressions wherever the black marker shows through.) Think outside the box FIRST! Gopyright © 2002 by Gharacter Training Institute. 520 W Main Street, Oklahoma Gity OK 73102 405-815-0001 ° All rights reserved. f This bulletin was provided thanks to a gift to the .Character Council of Palm Beach County ¯Post Office Box 31224, Palm Beach Gardens Florida 33420-1224 (561) 748-3664 Praise Praise for Creativity Achievement is what I have done. Character is who I am. Rather than praising a erson’s deeds--praise the person.P To evaluate whether you are praising character or achievement, take note of your words of commendation throughout the course of a day. Consider carrying a pocket-sized pad of paper with you in order to pause discreetly and jot down what you said after praising someone. Later, sit down and read back over your collected comments. Count the nun~ber of times you addressed specific character qualities, though you may or may not have always named specific qualities. The following statements commend good character without using the terms of character qualities: ¯"Thanks for making.time to do this.’i (Praises availability and flexibility) ¯ "You didn’t miss a beat!" (Praises thoroughness) ¯"It is a pleasure.~to work with someone i know I can count on." (Praises dependability and loyalty)_ -’ ¯ ¯ "i’d like to get your input on this belore i make a decision.’~ (Praises wisdom, discernment, and creativity) On the other hand, how many times were your words of praise directed toward achievement? Perhaps you made statements like the following: ¯ "11 you-keep producing like that, we’ll double our ncome. ¯ "You’re doing a better job than anyone else." ¯’Tin going to nominate you for employee of the month." If someone is producing well and you want to commend him, think about it for a moment. Is it the production you want to commend, or is it the diligence of the individual that brings about the high production that is ¯ worthy of commendation? Look f~r ~reative:Wa~;s to*praise character. Do not worry about trying to use "all the right terms." Simply ask yourself, "Why is this person successful? By ,what character.is he exc~ll!ng? How can I best express appreciation for that character?" Be creative in the way youshow admiration for the character of others. Note: Whether or not you write down your comments, seek to maintain an increased awareness of how you praise others. m \ ___---- \ t f f \'\\ \ --------- - ---- --- -- -- .--- I/ I Toll Brothers Frenchman's Reserve Hood Road Landscape Plan I =: Palm Beach Gardens, Floi da '4 73 m A i- I- o 0 z b I P I II '1 Amended May 1,2002 April 18, 2002 ORDINANCE 23,2002 AN ORDINANCE OF THE CITY COUrJClL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVlDlldG FOR APPROVAL OF THE EXTENSION OF THE BUILD OOT DATE FOR CONCURRENCY CERTIFICATION FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF PGA BOULEVARD AND HICKORY DRIVE, KNOWN AS “PGA COMMONS PARCEL 2” PLANNED UNIT DEVELOPMENT; AMENDING ORDINANCE 8, 1999 TO REVISE A CONDITION OF APPROVAL AND ADD A NEW CONDITION OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOq SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Managemeqt Department has received a request from Stephen S. Mathison, Trustee of the PGA, Commons Land Trust, for approval of an extension to the approved build-out date for the “PGA Commons Parcel 2” Planned Unit Development; and I WHEREAS, § 78-72(b) requires that Qpplicants for development approval receive concurrency certification from the City of Flalm Beach Garden’s Growth Management Department prior to Development Order apqroval; and WHEREAS, § 78-77(b) provides an bllowance of a time extension whereby City Council may approve the time extension accqrding to the conditions of § 78-77(b)(1-7); and WHEREAS, the City Council has dethrmined that the developer has proceeded in good-faith with efforts to progress the review and approval of the development. NOW THEREFORE BE IT ORDAINED BY IHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves the time extension for the build-out date for the PGA Commons Parcel 2 Planneb Unit Development to December 31,2003, as referenced in the traffic analysis prepared by Pinder Troutman Consulting, Inc., dated March 14,2002. , Section 2. The City Council hereby ahends Ordinance 8,1999 to add the following condition of approval, which shall be bindin4 on the applicant, its successors and assigns: 29. No more building permits shall be issued for development that generates more than 2,210 daily external trips (b4tween parcels 2 and 3) until either: a) construction begins (as detemined by the Growth Management Staff) for Kyoto Gardens Drive extensidn between Alternate AI A and Military Trail, or Ordinance 23,2002 Amended May 1,2002 April 18,2002 b) a traffic study shows there is enbugh capacity along PGA Boulevard between Military Trail and Interstate Highway 95 to complete the remainder of the project or a portion thereof. Tde traffic study shall be performed using the following methodology: Existin8 traffic on PGA Boulevard between Military Trail and Interstate Highwayi 95, plus background traffic, plus traffic associated with projects whic have obtained building permits and are expected to be occupied at t e buildout of The Commons, plus traffic associated with The Common do not exceed the adopted service volume for this segment of PGA Boulev I rd. This study shall be performed within one year or less of buildout date of b the Commons. (City Engineer) Section 3. The City Council hereby a+ends condition 11 as set forth in Ordinance 8, 1999, to read as follows (added words underlined, and removed words stw&-e&): 11. ermit for the residential portion of this rastructure supportinq the residential shall be complete campkbd and y Engineer, Planning & Zoning) Section 4. All other provisions of Ordinance 8, 1999 remain in full force and effect, to the extent not modified herein. , Section 5. All ordinances or parts of rdinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordina 1 ce are hereby repealed to the extent of such conflict . ~ Section 6. If any section, paragrap , sentence, clause, phrase, or word of this Ordinance is for any reason held by a court d f competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 1 DAY OF 2002 PLACED ON SECOND READING THIS 1 DAY OF 2002 PASSED AND ADOPTED THIS DhY OF 2002. Ordinance 23,2002 Amended May 1,2002 April 18,2002 MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK VICE MAYOR CARL SABATELLO I CObNCILMAN JOSEPH R. RUSSO ~~ COUNCILWOMAN ANNIE DELGADO ATTESTED BY: CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILWOMAN DELGALDO COUNCILMAN RUSSO g/john: misc0125.or2 ROVED AS TO LEGAL FORM AND CITY ATTORNEY AYIE NAY ABSENT 3 Amended May 1,2002 April 18, 2002 ORDINAN~E 24,2002 AN ORDINANCE OF THE ITY COUNCIL OF THE CITY OF PALM BEACH GARD 4 NS, FLORIDA, PROVIDING FOR APPROVAL OF THE FXTENSION OF THE BUILD OUT DATE FOR CONCUR ENCY CERTIFICATION FOR THE PROPERTY LOCAT D AT THE SOUTHEAST CORNER OF PGA BOULE ARD AND HICKORY DRIVE, KNOWN AS “PGA COMM NS PARCEL 3” PLANNED UNIT DEVELOPMENT; AM NDING ORDINANCE 9, 1999 TO REVISE A CONDITION OF APPROVAL AND ADD NEW CONDITIONS OF A PROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFEC i IVE DATE. WHEREAS, the Growth Stephen S. Mathison, Trustee extension to the approved t Department has received a request from Commons Land Trust, for approval of an “PGA Commons Parcel 3” Planned Unit Development; and WHEREAS, 5 78-72(b) requires concurrency certification from the City Department prior to Development for development approval receive Garden’s Growth Management WHEREAS, § 78-77(b) provides an allowance of a time extension whereby City Council may approve the time extension a cording to the conditions of § 78-77(b)(1-7); and C WHEREAS, the City Council has d that the developer has proceeded in good-faith with efforts to progress the of the development; and WHEREAS, the applicant has initial development order relating to the sted an amendment to a condition of the of infrastructure. NOW THEREFORE BE IT ORDAINED B PALM BEACH GARDENS, FLORIDA: THE CITY COUNCIL OF THE CITY OF Section 1. The City the time extension for the build-out to December 31,2003, Consulting, Inc., date for the PGA Commons Parcel 3 as referenced in the traffic dated March 14, 2002. Ordinance 24,2002 Amended May 1 , 2002 April 18, 2002 or Section 2. The City Council here y amends Ordinance 9, 1999 to add the following conditions of approval, which sha I be binding on the applicant, its successors and assigns: P 30. Prior to the opening of the Hicko Drive entrance, a southbound left-turn lane shall be provided along Hickory rive at the intersection of the driveway with the eastern parcel. (City Engine r) 31. No more building permits shall P be issued for development that generates Section 3. The City Council her Ordinance 9, 1999, to read as follows (ad eW&etA): 20. Prior to the issuance of the first this development residential development shall be Engineer, Planning & Zoning) Section 4. All other provisions of effect, to the extent not modified herein. Section 5. All ordinances or part Gardens, Florida, which are in conflict wit1 extent of such conflict. (between parcels 2 and 3) until either: ined by the Growth Management Staff) for between Alternate A1A and Military Trail, enough capacity along PGA Boulevard nterstate Highway 95 to complete the lortion thereof. The traffic study shall be methodology: Existing traffic on PGA Trail and Interstate Highway 95, plus c associated with projects which have re expected to be occupied at the buildout associated with The Commons do not llume for this segment of PGA Boulevard. within one year or less of buildout date of )y amends condition 20 as set forth in ed words underlined, and removed words uilding permit for the residential portion of wticm, all infrastructure supportinq the omplete and acceptable to the City. (City Irdinance 9, 1999 remain in full force and of ordinances of the City of Palm Beach this Ordinance are hereby repealed to the Ordinance 24,2002 April 18,2002 Section 6. If any section, paragra h, sentence, clause, phrase, or word of this Ordinance is for any reason held by court of competent jurisdiction to be unconstitutional, inoperative or void, such shall not affect the remainder of the 0 rd in a nce . Section 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS 2002. I MAYOR ERIC JABLIN CdUNClLMAN DAVID CLARK I VICE MAYOR CARL SABATELLO CdUNClLMAN JOSEPH R. RUSSO COUNCILWOMAN ANNIE DELGADO 1 ATTESTED BY: CITY CLERK ROVED AS TO LEGAL FORM AND I CIIY ATTORNEY 3 VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILWOMAN DELGALDO COUNCILMAN RUSSO NAY ABSENT gljohn: misc0124.or 4 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, there are chambers of commerce located in our community representing small and large businesses in operation in the community; and WHEREAS, in addition to promoting the business, civic, and economic interests of our area, chambers of commerce provide input to leaders of all levels of government on various issues of critical concern to business and residents; and WHEREAS, today's chambers of commerce are also vigorously leading their communities in advancing economic prosperity, establishing a clear community vision, and solving tough problems; and WHEREAS, volunteers give unselfishly of their time, energy, and expertise in advancing the purposes of the chamber of commerce and in meeting the goals of their annual programs. NOW, THEREFORE, I, Eric Jablin, Mayor of the City ofPalm Beach Gardens, Florida, do hereby proclaim the week of June 2, 2002, as Chamber of Commerce Week, in the City of Palm Beach Gardens. Furthermore, the City Council of Palm Beach Gardens pauses in its deliberations to recognize the merits of the chamber of commerce of the Northern Palm -Beaches and to express its sincere appreciation for the steadfast efforts of all those involved in their organization. AITEST: .// J:L~- BLANE KAUTHEN INTERIM CITY CLERK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed Day of May, in the year Two CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Congress and President of the United States have '~ d ) designate May 15 as Peace Officers' Memorial Day, and the week in which May 15 falls as ) ' National Police week,· and WHEREAS, the members of the law enforcement agency of the City of Palm Beach Gardens play an essential role in safeguarding the rights and freedoms of the City of Palm Beach Gardens; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the law enforcement agency of the City of Palm Beach Gardens unceasingly provide a vital public service; and NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, call upon all citizens of the City of Palm Beach Gardens and upon all patriotic, civic and educational organizations to observe the week of May 13th, 2002, as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful ' and loyal devotion to their responsibilities, have rendered a dedicate4 service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. I further call upon all citizens of the City of Palm Beach Gardens to observe Wednesday, May 15th, as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. A TrEST: dLv~ BLANE KAUT"EN INTERIM CITY CLERK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed t · ay of May, in the year Tw o and nd o. / !! ff ' ( ' ( ' "\'· . < CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION ~~~f ll WHEREAS, the freedom and security that United States Citizens enjoy today are results of the vigilant commitment of the United States Armed Forces in preserving freedom and security; and WHEREAS, it is appropriate to promote national awareness of the sacrifices that members of the United States Armed Forces have made in the past and continue to make every day in order to support the Constitution and to preserve the freedoms and liberties that enrich the Nation; and WHEREAS, it is important to preserve and foster the honor and respect that the United States Armed Forces deserve for vital service on behalf of the United States,· and WHEREAS, it is appropriate to emphasize the importance of the United States Armed Forces to all persons in the United States; and WHEREAS, it is important to instill in the youth in the United States the significance of the contributions that members of the United States Armed Forces have made in securing and protecting the freedoms that United States citizens enjoy today; and WHEREAS, it is appropriate to underscore the vital support and encouragement that families of members of the United States Armed Forces lend to the strength and commitment of those members; and WHEREAS, it is important to inspire greater love for the United States and encourage ll greater support for the role of the United States Armed Forces in maintaining the superiority of the United States as a nation and in contributing to world peace; and ' \ I .., ( \ WHEREAS, it is appropriate to recognize the importance of maintaining a strong, equipped, • • well-educated, well-training military for the United States to safeguard freedoms, humanitarianism, and peacekeeping efforts around the world; and WHEREAS, it is important to give greater recognition for the dedication and sacrifices that individuals who serve the United States Armed Forces have made and continue to make on behalf of the United States; and WHEREAS, it is appropriate to display the proper honor and pride United States citizens feel towards members of the United States Armed Forces for their service; and WHEREAS, it is important to reflect upon the sacrifices made by members of the United States Armed Forces and to show appreciation for such service; and WHEREAS, it is appropriate to recognize, honor, and encourage the dedication and commitment of members of the United States Armed Forces in serving the United States; and WHEREAS, it is important to acknowledge the contributions of the many individuals who have served in the United States Armed Forces since inception of the Armed Forces. NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of May 2002, as "National Military Appreciation Month" in the City of Palm Beach Gardens. A TrEST: IL~ BLANE KAUTHEN INTERIM CITY CLERK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Garde affixed this 2nd Day of May, in the ea d d two.