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Home My WebLink AboutAgenda Council Agenda 051905 City of Palm Beach Gardens Council Agenda May 19, 2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Council Member Levy Vice Mayor Jablin Council Member Valeche Council Member Barnett CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 19, 2005 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: a. (Page 6) Department Presentation – Police Department – MACOM Radio System – Multi- Agency Communication. VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 7) Approve Minutes from the April 7, 2005 City Council meeting. b. (Page 15) Approve Minutes from the April 21, 2005 City Council meeting. c. (Staff Report on Page 23, Resolution on Page 25) Resolution 57, 2005 - Awarding of bid for one 2005 Fuel/Lube Service Truck. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a bid to purchase one 2005 Fuel/Lube Service Truck from Palm Peterbilt-GMC Trucks, Inc.; authorizing the Mayor and City Clerk to execute all documents necessary to effectuate such purchase; and providing for an effective date. d. (Staff Report on Page 59, Resolution on Page 61) Resolution 64 2005 - Frenchman's Reserve Pod C Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Frenchman’s Reserve Pod C Plat; and providing an effective date. e. (Staff Report on Page 67, Resolution on Page 70) Resolution 66, 2005 – Re- appointment of Special Magistrate. A Resolution of the City Council of the City of Palm Beach Gardens, Florida reappointing Kevin M. Wagner to serve as Code Enforcement Special Magistrate; authorizing the Mayor and City Clerk to execute an agreement with Kevin M. Wagner; and providing an effective date. f. (Staff Report on Page 75, Resolution on Page 77) Resolution 74, 2005 - Updating the fee schedule. A Resolution of the City Council of the City of Palm Beach Gardens, Florida revising the Schedule of Fees and Charges for non- resident use of Aquatic Facilities for Fiscal Year 2004/2005; and providing an effective date IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 82, Ordinance on Page 170, Resolution on Page 173) Ordinance 14, 2005 – (1st reading) Rezoning Parcel 31.02 – Southampton. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land (Parcel 31.02) consisting of approximately 38.5 acres, located at the Northeast corner of Central Boulevard and PGA Boulevard, as more particularly described herein, from a Planned Development Area (PDA) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residential Medium (RM) to be known as the “Southampton PUD”; and providing an effective date. Resolution 48, 2005 is a companion item to Ordinance 14, 2005 and will require Council action on second reading. Resolution 48, 2005 - Approving the Southampton PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 38.5-acre parcel (Parcel 31.02), to be known as the “Southampton PUD,” located at the Northeast corner of Central Boulevard and PGA Boulevard, as more particularly described herein, to allow the construction of 245 townhouse units; providing for waivers; providing for conditions of approval; and providing an effective date. b. (Staff Report on Page 182, Ordinance on Page 185, Resolution on Page 188) Ordinance 15, 2005 – (2nd reading) Amendment to the Clock Tower Planned Unit Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 25, 1985 and Ordinance 17, 1988 relating to the Clock Tower Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 54, 2005; and providing an effective date. Resolution 54, 2005 is a companion item to Ordinance 15, 2005 and will require Council action. Resolution 54, 2005 - Amendment to the Clock Tower Planned Unit Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Clock Tower Planned Unit Development (PUD), which is generally located at the Northwest Intersection of Military Trail and Burns Road, as more particularly described herein, to modify one condition of approval established in Ordinance 25, 1985, which approved the Clock Tower PUD; and providing an effective date. Part II – Non-Quasi-judicial X. RESOLUTIONS: a. (Staff Report on Page 213, Resolution on Page 215) Resolution 51, 2005 - Agreement with Wendy M. Ross for four (4) artworks on the PGA Flyover. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of an Agreement with Wendy M. Ross for the design, fabrication, and installation of four sculptures to be located on State Road No. 786 (PGA Boulevard); and providing an effective date. b. (Staff Report on Page 299, Resolution on Page 301) Resolution 52, 2005 – General Obligation Refunding Bond, series 2005. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the issuance of $6,900,541 General Obligation Refunding Bonds, Series 2005 for the purpose of refunding all of the City’s General Obligation Bonds, Series 1996 and Series 1997, that remain outstanding; prescribing the form, terms and details of such bonds; making certain other covenants and agreements in connection with the issuance of such bonds; specifying the use of the proceeds of such bonds; awarding such bonds to Bank of America by negotiated sale; directing the levy of the Ad Valorem taxes of the City of Palm Beach Gardens to the repayment of the bonds; designating an escrow agent and authorizing the execution and delivery of an escrow deposit agreement between the City and the escrow agent; designating a co-paying agent with respect to the refunded bonds; designating the bonds as a “qualified tax-exempt obligation” within the meaning of Section 265 (b)(3) of the Internal Revenue Code of 1986, as amended; and providing an effective date. c. (Staff Report on Page 333, Resolution on Page 350) Resolution 61, 2005 - Approval of Art in Public Places. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for the Gardens Mall located within the Regional Center Development of Regional Impact (DRI)/Planned Community Development (PCD) located on the Northeast corner of the intersection of Alternate A1A and PGA Boulevard, as more particularly described herein; providing for conditions of approval; and providing an effective date. d. (Staff Report on Page 353, Resolution on Page 355) Resolution 62, 2005 -- Three year agreement with Enterprise Fleet Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the acquisition of eight additional unmarked police vehicles pursuant to a Master Lease Agreement between the City of Palm Beach Gardens and Enterprise Fleet Services; and providing an effective date. XI ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 403, Ordinance on Page 405) Ordinance 17, 2005 – Lobbyist Registration and Disclosure. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to lobbyist registration and disclosure; creating a new Article VI, Chapter 2, Code of Ordinances to be entitled “Lobbyist Registration”; providing for codification; and providing an effective date. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. Update on Briger Community Planning Session and ORC (Objections, Recommendations and Comments) Report. b. (Page 414) Town Hall Meeting Issues (one hour discussion) XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. INTEROFFICE MEMORANDUM TO: MAYOR AND COUNCIL FROM: ERNIE CARR, MAJOR SUBJECT: RADIO COMMUNICATIIONS DATE: 5/11/2005 Interoperable Radio Communications Review Public Safety interoperable radio communications has been an issue in Palm Beach County for over sixteen years. In 2000, Palm Beach Gardens joined with other municipal agencies in the county to form the Municipal Public Safety Communications Consortium. The Municipal Public Safety Communications Consortium (MPSCC) of Palm Beach County is now a legal entity of eleven (11) municipalities in the county created under Florida Statute 163.01. The MPSCC also incorporated as a not-for- profit municipal corporation in 2000. The MPSCC’s project includes all facets of municipal communications including both police and fire services. Other agencies, including the Sheriffs Office and the School Board Police have expressed an interest in the MPSCC’s project and are following its progress. The MPSCC is governed by a Board of Directors with each participating agency having one representative and one vote. An Interlocal Agreement among the agencies, Bylaws and Corporate Bylaws governs the operation of the consortium. The overall goal of the MPSCC is to develop the means to connect all of the law enforcement and public safety agencies operating in Palm Beach County under one communications umbrella providing instant direct voice communications and data sharing. Because the MPSCC consists of public safety agencies, it clearly understands the needs of first responders and has taken these concepts into consideration while the project was being planned. The RFP was released to vendors and proposals were received. After a careful review of the submissions, the proposal from MA/COM with its OpenSky technology was selected by all the participating agencies and the MPSCC Board of Directors. The OpenSky system utilizes Voice over Internet Protocol (VoIP) technology with a four channel to one frequency. The Internet Protocol (IP) technology standardizes the interface of the system to any other radio system with a minimum of off the shelf networking equipment required for interoperability. This project will also provide the gateways necessary for an interoperable connection between the MPSCC radio network as well as the Palm Beach County and State of Florida radio networks. The project is anticipated to take 18 months from initial purchase order to system acceptance. In summary, the MPSCC is a well-organized group of public safety agencies that is dedicated to solving the public safety radio interoperability crisis in Palm Beach County. Today we live in an age where agencies must work in a cohesive manner that transcends public safety agencies borders. Interoperable communications is the key to its success. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING April 7, 2005 The March 17, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:03 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Joe Russo, and opened with the Pledge of Allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy, Councilmember Valeche, and Councilmember Barnett. ADDITIONS, DELETIONS, AND MODIFICATIONS: The following changes were proposed: Resolution 47, 2005 The Sanctuary Palm Beach Gardens HOA, Inc. Lake Access Tract—there were two proposed amendments to the Resolution, No. 28 and 29. A copy of the proposed revisions had been provided to each member of the City Council. Resolution 8, 2005 – Frenchman’s Yacht Club concurrent processing application, the title was being changed to approve a concurrent processing agreement between the City and Avatar Properties, Inc. A copy of the proposed revision had been provided to each member of the City Council. Vice Mayor Jablin moved to approve the proposed changes. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ANNOUNCEMENTS / PRESENTATIONS: National Nutrition Month – Palm Beach County Health Unit – Judy Cooper, Nutritionist with the Palm Beach County Health Unit, provided a presentation on the 5 a Day program, This program is about eating five fruits and vegetables each day for better health and cancer prevention, and reported 5 to 9 servings each day had been found to be better. Quarterly Financial Report - Finance Director Allan Owens presented the quarterly financial report for the first quarter for FY 2005. Mr. Owens reviewed revenues and expenditures in the General Fund. Expenditures for all departments, investments, risk management issues, were highlighted. Net assets had increased, however, hurricane costs had reduced projections. Golf course revenues, impact fees, and status of projects were reviewed. Mr. Owens answered questions from the Council. Mr. Owens expressed his opinion that the hurricane debris pickup costs would be reimbursed shortly for eligible pickups, and indicated he would report the amounts to City Council as soon as they were known. Mr. Owens advised that some preliminary budget numbers could be available April 19. ITEMS OF RESIDENT INTEREST: Councilmember Barnett reported she had attended a children’s event and had gone to Tallahassee and met some of the legislators. Councilmember Levy thanked the community for participation in the Town Hall meeting. Vice Mayor Jablin reported he had attended the third annual concert sponsored by Frenchman’s Creek. Mayor Russo thanked Vice Mayor Jablin for taking a leadership role in that event. Mayor Russo reported he had talked with San Michele residents, and he had invited them to attend a charrette on May 9 for the Briger Tract. The Mayor reported the residents wished the low density residential to be maintained. Mayor Russo had advised them the Council seemed to favor a mixed-use planned community; however, he believed all their wishes could be met. Mayor Russo reported he had met with the PGA Board of Directors and advised them that the City was going to make a presentation at the April MPO meeting when the widening of PGA Boulevard to six lanes CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 2 was going to be on their agenda again. Mayor Russo reported everyone on the Council had looked at the Kyoto Drive situation, and that Dan Catalfumo wanted to help and make things better for the residents, so long as it made good business sense. CITY MANAGER REPORT: Charles Wu, Growth Management Director, made a presentation regarding Kyoto Drive. City Engineer Dan Clark reported proposed costs for the wall, bridge addition, and landscaping were anticipated to come from road impact fees. Gordon Douglas, Winchester Courts, commented the residents were requesting a 6-month extension on the Kyoto Drive project, and gave reasons for this request. Following discussion, and comments by the Council, the two major questions to be answered during the proposed delay were determined to be moving the terminus on Military Trail to the south and moving the entire alignment of the road to the south. Mayor Russo requested a meeting be set up with DOT and this matter brought back in two weeks. COMMENTS FROM THE PUBLIC: Lauren Furtado, Crestdale Street, had attended the Town Hall meeting and reminded the Council that a management audit and a budget analysis were requested. Ms. Furtado questioned how Kyoto Drive went from 2 to 4 lanes, and requested people in Winchester Courts be advised that would be a public road. Ms. Furtado asked that the visioning document be provided at meetings. Ms. Furtado commented she did not need to be recognized as a former member of the Council. Thomas Brady, Kyoto Drive, reported the canal bank at Mary Circle was not being maintained by the City. Vito DeFrancesco, Shady Lakes, commented on the Borland property issue of ownership of the right-of-way, which either the City had granted a non-residential MXD improperly, or they had lost concurrency. Mr. DeFrancesco asked if the City to fix their mistake if they had made one. Mr. DeFrancesco expressed his opinion that the City had also made a mistake in calculating the off-site mitigation. Mayor Russo asked Mr. DeFrancesco to call him the next day to set up a meeting on these matters. Pat Hughey, Reed Drive, reviewed pictures provided to the Council depicting trash not properly picked up after the hurricane, and asked that services be handled by local firms, and thanked the Council for the Town Hall event. CONSENT AGENDA: Councilmember Levy made a motion to approve the Consent Agenda as submitted. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved on the Consent Agenda: a. Approve Minutes from the February 18, 2005 Special City Council meeting. b. Approve Minutes from the March 3, 2005 City Council meeting. c. Resolution 35, 2005 - An Interlocal Agreement between the City and Palm Beach County. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement between the City and Palm Beach County for Community Development Block Grant and Home Investment Partnership Program activities for Fiscal Years 2006, 2007, and 2008; authorizing the Mayor and City Clerk to execute same; and providing an effective date. d. Resolution 43, 2005 - Approving an agreement with Health Careers Institute for the education and training of students in the Paramedic and EMT programs. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement with Health Careers Institute for the education and training of students in the Paramedic and EMT programs; and providing an effective date. e. Resolution 45, 2005 - Approving and ratifying an agreement with the Police CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 3 Benevolent Association for Police Lieutenants. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving and ratifying an agreement with the Police Benevolent Association for Police Lieutenants employed by the City’s Police Department for Fiscal Years 2004-2005, 2005-2006, and 2006-2007; authorizing the Mayor, City Manager and City Clerk to execute said agreement; and providing an effective date. f. Resolution 46, 2005 - Gardens Station plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Gardens Station Plat; and providing an effective date. g. Resolution 49, 2005 - Amendment No. 1 to an Interlocal Agreement with the School District to allow for future construction of a restroom/pavilion at Howell Watkins Middle School. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of an Amendment to an Interlocal Agreement between the City of Palm Beach Gardens and the School District of Palm Beach County for the mutual use of public facilities to allow for future construction of a restroom/pavilion at Howell L. Watkins Middle School; and providing an effective date. h. Resolution 50, 2005 - Work Authorization to LBF&H, Inc., for Project No. 2003-007. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization for engineering services with LBFH, Inc., to provide engineering and surveying services related to the canal restoration and stormwater projects; authorizing the Mayor and the City Clerk to execute the same; and providing an effective date. i. Proclamation – Fair Housing Month. j. Proclamation – Kids Day America/International PUBLIC HEARINGS: Part I – Quasi-judicial - Mayor Russo reviewed quasi-judicial procedures. The City Clerk swore in all those who intended to offer testimony in any of the quasi-judicial cases on tonight’s agenda. Ordinance 13, 2005 - (1st reading) Waterford Hotel Planned Unit Development (PUD) amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 53, 1988, Ordinance 18, 1992, and Ordinance 14, 1996 relating to the zoning for the Waterford Hotel Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 44, 2005; and providing an effective date. The City Clerk read Ordinance 13, 2005 by title only on first reading. [Resolution 44, 2005 is a companion item to Ordinance 13, 2005 and will require Council action on second reading: Resolution 44, 2005 - Waterford Hotel Planned Unit Development (PUD) amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Waterford Hotel Planned Unit Development (PUD), which is located approximately 1/10th of a mile South from PGA Boulevard on the East side of US Highway, to allow for the inclusion of a 1,710-square-foot restaurant into the PUD, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. Mayor Russo declared the public hearing open and called for ex-parte communication. Councilmember Barnett reported she had spoken with Waterford representative Dave Talley, who gave her a packet to read, and with Jeff Rinebalm representing the Twelve Oaks Community, and with Barry Present of the PZA board. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 4 Councilmember Levy reported he met with Mr. Talley and Mr. Giolitti, the General Manager, and discussed noise, crime, and the wall. Councilmember Levy also spoke with Tom Valdefia, representative of the HOA for Twelve Oaks, and Jeff Rinebalm, and had discussed noise, crime, after hours dining, outdoor dining, and extending the wall. Councilmember Valeche reported he spoke with Dave Talley, Mr. Giolitti, and Mr. Rinebalm. Vice Mayor Jablin reported he met with Dave Talley, Mr. Giolitti, and Mr. Rinebalm. Mayor Russo reported he met with staff and spoke to Dave Talley. Marty Miner of Urban Design, representing the petitioner, reported they had met parking for the site, and the petitioner agreed with staff. Mr. Giolitti spoke on behalf of the petitioner. Jeff Rinebalm, attorney representing Twelve Oaks and Mr. Valdefia, spoke on behalf of the petitioner, and reported that Twelve Oaks now agreed with the petitioner so long as the conditions were met on their document. The City Attorney advised the conditions would be placed into the resolution. Mr. Wu commented staff had seen the language and would work with the applicant. Dan Pieori, resident of Twelve Oaks, commented on the noise issue and expressed gratitude the issue was being resolved. Elizabeth Bartram, Twelve Oaks resident, expressed pleasure with the resolution and noted ongoing noise concerns, and requested future vigilance. Jane Pieori also expressed gratitude for the resolution and hope the noise issue would remain resolved. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Levy made a motion to approve Ordinance 13, 2005 on first reading by title only. The motion was seconded. Councilmember Levy asked if there would be time to send this back to Planning and Zoning before second reading. Councilmember Barnett reported Mr. Present personally felt the PZ&A board would have voted differently if the applicant had met City requirements and if the residents had been happy at that time. Motion carried by unanimous 5-0 vote. Ordinance 35, 2004 - (2nd reading and adoption) The Sanctuary PBG HOA, Inc. Lake Access Tract. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 22, 1993 relating to the Sanctuary Planned Unit Development (PUD) to transfer the Master Plan approval and related conditions to a separate Resolution; and providing an effective date. The City Clerk read Ordinance 35, 2004 by title only on second reading and also Resolution 47, 2005, a companion item to Ordinance 35, 2004, which would require Council action. Resolution 47, 2005 - The Sanctuary PBG HOA, Inc. Lake Access Tract. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Sanctuary Planned Unit Development (PUD) located on the North side of Hood Road approximately 1,500 feet West of Prosperity Farms Road, as more particularly described herein; to allow a fifteen-foot open space tract through an upland preserve known as tract “U-3” of the Sanctuary PUD Plat No. 2; to provide for no net loss of preserve acreage on site, and to eliminate four drainage tracts; providing conditions of approval; and providing an effective date. Mayor Russo declared the public hearing open. City Attorney Tatum advised there were 90 written letters and e-mails in favor and 23 opposing this petition which the petitioner had agreed could be entered into the record in the form of a list of the names of the providers. Councilmember Barnett reported she spoke with Sherry Hyman regarding the background, reasons for the request, their proposal and reasons for it. Councilmember Levy reported he spoke with Sherry Hyman and Joy Hearn and discussed easements, requirements of heavy equipment, water quality standards; he also spoke with a resident, Scott, and with Mike Gfessor, and received a letter from a resident on water quality, and had also received water quality documentation from Everglades CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 5 Laboratory. Councilmember Valeche reported he spoke with Sherry Hyman and had received written correspondence from Mr. Gfessor. Vice Mayor Jablin reported he had had no ex-parte since the last meeting other than e-mails he had received. Mayor Russo reported since the last meeting he had spoken to Barry Frank but did not discuss the issues, and had told Sherry Hyman he did not think it fair to speak with her since he had not met with Mr. Gfessor and would rather hear the facts at tonight’s meeting and make a decision based upon that. The City Attorney announced there were two previous public hearings on first reading of the ordinance and all that evidence, documentation, and testimony was now included, and the new members of the Council had been provided with a CD of those hearings, and both had been present although they were not yet on the Council. Councilmember Barnett acknowledged she had been present and had reviewed the CD. City Forester Mark Hendrickson presented the staff report, and answered questions from Council. Sherry Hyman, representative for the petitioner, asked to speak after Mr. Gfessor. The City Clerk swore in all those intending to offer testimony who were not previously sworn in. Mike Gfessor stated his belief the petitioner had not met their case, his belief that the property could not be taken out of preserve status to create an open space tract, and provided a presentation in support of denying the petition. Sherry Hyman spoke on behalf of the petitioner. The City Engineer answered questions from the Council. Mayor Russo called for public comments. Barry Frank stated he was in favor of approving the lake access. John Geneco stated he supported using the existing easements. Robert Wilson stated he and his wife relied on the covenants when they purchased their home and he believed the HOA was breaking the law with this request. Thomas Hearn requested approval of this petition. Joy Hearn was in favor of the petition. John McGrath was in favor of the petition. Mona Jones was in favor of the HOA request for access through the preserve. Mary Ann Guske was in favor of the petition. Dennis Georges indicated Everglades Laboratory stated there was nothing wrong with the water quality of the lake. Jeff Ases indicated he opposed the rezoning. George Strom was in favor of the access. Scott Susgower expressed support for the petition. Karen Hanesworth was in favor of the petition. Christian Hanesworth was for approval of the request. Bob Sorre urged Council to follow the recommendations of staff. Frank Tombiani stated he was in favor of the petition. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Mr. Hendrickson stated all the city’s files on this matter would be placed into the record. The City Engineer answered questions from the Council, and disclosed that he also lived in the Sanctuary. Vice Mayor Jablin moved to approve Ordinance 35, 2004 on second reading by title only. Councilmember Valeche seconded the motion. Councilmember Barnett expressed her opinion this petition should be approved for health, welfare and safety of the residents. Councilmember Levy indicated he hoped the residents could find a way to get back together, that the day he observed the lake he did see wildlife but although it appeared healthy that day, things changed in nature, sometimes very quickly, and biological oxygen demand had not been analyzed in the data he received, and the health of the lake could not be determined without daily samples. Councilmember Levy expressed concern because there was currently a lawsuit on this matter. Councilmember Barnett expressed her opinion the Council needed to decide this matter on what they believed was right for the residents and let the civil matters work them out. Motion carried by unanimous 5-0 vote. Vice Mayor Jablin moved approval of Resolution 47, 2005 as amended. Councilmember Valeche seconded the motion. Councilmember Valeche questioned on condition 28, why if brush was cleared from a 15’ CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 6 wide path only half was going to be mulched, and also commented that legally it seemed this was an important decision and instead of putting the onus on the City Forester about mulching it in the future it should be made clear now. Discussion ensued. It was clarified that the City Forester was authorized to clear 15’. Motion carried by 4-1 vote. RESOLUTIONS: Resolution 8, 2005 - Frenchman’s Yacht Club Concurrent Processing Application. A Resolution of the City Council of the City of Palm Beach Gardens, Florida allowing the concurrent processing of a rezoning, site plan, Planned Community Development (PCD)/Development of Regional Impact (DRI) amendment and comprehensive plan amendment for a 14.54-acre site located at the Southeast corner of Donald Ross Road and Prosperity Farms Road, as more particularly described herein; and providing an effective date. Senior Planner Michael Sanchez presented the staff report. Councilmember Valeche made a motion to approve Resolution 8, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Resolution 38, 2005 - Approving the Art in Public Places Proposal for Lot 4 of the NorthCorp PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for Lot 4 of the NorthCorp Planned Community Development (PCD), as more particularly described herein; providing for one condition of approval; and providing an effective date. Vice Mayor Jablin reported he had objected to this when previously presented but had since met with the applicant and now had no objection. Vice Mayor Jablin made a motion to approve Resolution 38, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Resolution 39, 2005 - Approving the Art in Public Places proposal for the Bascom Palmer Eye Institute. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for the Bascom Palmer Eye Institute within the PGA National Resort Community Planned Community Development located at the Southwest corner of PGA Boulevard and Fairway Drive, as more particularly described herein; providing for a condition of approval; and providing an effective date. A Bascom Palmer representative presented the art. Vice Mayor Jablin made a motion to approve Resolution 39, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Resolution 55, 2005 – Amending Resolution 115, 2004. A Resolution of the City Council of the City of Palm beach Gardens, Florida amending Resolution 115, 2004, which approved an upland preserve set aside for Donald Ross Village Planned Unit Development, to provide a corrected legal description; and providing an effective date. Senior Planner Kara Irwin presented the staff report. Vice Mayor Jablin moved approval of Resolution 55, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ORDINANCES: Ordinance 6, 2005 – LDR amendment- Conditional uses – for Consideration on First Reading. Amend the Code of Ordinances, Chapter 2, Division 6, Planning, Zoning, and Appeals Board, Section 2-147 entitled “Powers and Duties” to provide that further appeals from any final decision of the Planning, Zoning, and Appeals Board shall be made to the circuit court. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the powers and duties of the Planning, Zoning, and Appeals Board, the conditional use review process, the review of development order applications, application procedures, and permitted uses, conditional, and prohibited uses; amending Section 2-147, CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 7 Code of Ordinances entitled “Powers and Duties”; amending Section 78-24, Code of Ordinances entitled “Development Review Committee”; amending Section 78-43, Code of Ordinances entitled “Review of Applications for Development Order Approval”; amending Section 78-46, Code of Ordinances entitled “Application Procedures”; amending Section 78- 52, Code of Ordinances entitled “Conditional Uses”; amending Section 78-54, Code of Ordinances entitled “Public Notice”; creating a new Section 78-56 to be entitled “Appeals and Reconsideration”; amending Section 78-159, Code of Ordinances entitled “Permitted Uses, Conditional, and Prohibited Uses” to modify certain permitted and conditional uses; providing for codification; and providing an effective date. The City Clerk read Ordinance 6, 2005 by title only on first reading. Talal Benothman, Department of Growth Management, presented the staff report. Vice Mayor Jablin moved Ordinance 6, 2005 be placed on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Ordinance 10, 2005 - Amending the Fiscal Year 2003/2004 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning October 1, 2003, and ending September 30, 2004, inclusive; and providing an effective date. The City Clerk read Ordinance 10, 2005 on first reading by title only. Finance Director Allan Owens presented the request and answered questions from the City Council. Vice Mayor Jablin moved Ordinance 10, 2005 be placed on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Ordinance 11, 2005 - Amending the Fiscal Year 2004/2005 Budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning October 1, 2004, and ending September 30, 2005, inclusive; and providing an effective date. The City Clerk read Ordinance 11, 2005 on first reading by title only. Finance Director Allan Owens presented the request and answered questions from the Council. Vice Mayor Jablin moved Ordinance 11, 2005 be placed on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Vice Mayor Jablin moved Ordinance 11, 2005 be placed on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Recognition of former Councilmembers – Mayor Russo reported former Councilpersons Lauren Furtado, Carl Sabatello, and Annie Delgado had never received a plaque in recognition of their service and he thought it would be a nice thing to do. Vice Mayor Jablin suggested discussing it at the retreat. Quarterly meetings with the residents - Mayor Russo requested dates be set in June and October. Vice Mayor Jablin felt interest might begin to wane if meetings were quarterly and suggested a general Town Meeting once a year and an event Town Meeting once a year. Mayor Russo noted some comments from the last meeting needed to be discussed at the retreat and staff was working on responses for residents. Mayor Russo noted May 9 was the meeting for the Briger Tract and all residents of the City should be invited. Consensus was to discuss items for the retreat at the next meeting. Vice Mayor Jablin announced the MPO meeting was to be the morning of April 21. Consensus for Town Hall meetings was to set dates in June and October. Discussion ensued regarding how to respond to comments from the Town Hall meeting. The City Manager explained staff was in the process of extracting CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/7/05 8 the questions from verbatim minutes, and had a team getting the answers. Mayor Russo requested the answers come back to Council on the 21st. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:27 p.m. APPROVAL: ____________________________________ MAYOR RUSSO ____________________________________ VICE MAYOR JABLIN ____________________________________ COUNCILMEMBER BARNETT ____________________________________ COUNCILMEMBER LEVY ____________________________________ COUNCILMEMBER VALECHE ATTEST: ____________________________________ PATRICIA SNIDER, CMC CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING April 21, 2005 The April 21, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:05 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Joe Russo, and opened with the Pledge of Allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy, Councilmember Valeche, and Councilmember Barnett. ADDITIONS, DELETIONS, AND MODIFICATIONS: Mayor Russo announced the following proposed changes to the agenda: Addition under Announcements of Legislative Update from the City lobbyist’s Resource Group; addition under City Manager Report of Status of Kyoto Drive Proposal, Solutions Regarding Mitigation. Proposed deletions were the Annual Audit Report to be delayed until May 5, 2005 and Resolution 87, 2005 to be considered on May 5, 2005 to coincide with the adoption of Ordinance 11, 2005 amending the 2004/2005 budget. Vice Mayor Jablin moved to approve the proposed changes. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ANNOUNCEMENTS / PRESENTATIONS: National Volunteer Week – Mayor Russo expressed appreciation to all City volunteers and read aloud a proclamation supporting National Volunteer Week. Mayor Russo announced a reception where each volunteer would be recognized with a pin and each year would be given a different color pin for their hours of volunteer service. Police Department 2004 Summary Report - A brief overview was provided by Police Chief Stepp, which showed a downward trend in crime in spite of increased population. Business burglaries and auto theft were up slightly in the first quarter. There had been one murder during the past year, but violent crimes were down overall, and the number of arrests remained consistent. Numbers of traffic arrests and tickets were reported. Legislative Update – Jordan Conner, The Resource Group, indicated the current main legislative item was the budget, and reported the city had two grants in the budget. Growth management and Medicaid reform were reported as hot topics this year. Mr. Connor commented on bills which had died, on others that would affect the county, and one bill that would affect broadband telecommunications. Mr. Conner answered questions from the City Council. ITEMS OF RESIDENT INTEREST: Councilmember Levy reported he had attended the state of the county address by Karen Marcus, sponsored by the Chamber of Commerce, and announced that next month the State of the City Address would be given by Mayor Russo and he hoped everyone would come out and ask a lot of hard questions. Councilmember Valeche announced that the new Burns Road pool will be opening on May 30. Vice Mayor Jablin reported he and Mayor Russo and some staff members had attended the Frenchman’s Creek Charity Committee Annual Tea and had received $22,000 for two computer labs, and $10,000 for the concert series, and thanked them for all their charitable work. Mayor Russo reported the entire City Council attended the MPO meeting, and the widening of PGA west of the turnpike to 6 lanes had been put back on the agenda after being previously defeated. The City had appealed to the county on this CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 2 issue to wait another three years, and the MPO had agreed. Mayor Russo requested that Councilmember Levy work on the issue of the county district park. Vice Mayor Jablin commented the City Manager’s contract was up next February and requested discussing an evaluation and his future with the city at the next meeting. Mayor Russo brought up the issue of a traffic light at Garden Lakes. City Engineer, Dan Clark reported the county’s traffic engineer had reservations because of the uncontrolled off-ramp at I-95. City Engineer, Clark was given direction by the City Council to pursue bringing FDOT into the discussions. Mayor Russo reported he had met with the Lester family, owners of the Briger Tract, and invited them to participate in the charrette, and reported they had not made a decision what they wanted to do with the property. The Mayor reported a new neighborhood meeting program would be discussed by the City Attorney later in the meeting. He stated that he had attended the Channel 25 drive to get kids to participate, had attended the FAU Presidents’ Council luncheon. He advised Mr. Brogan that they needed to look for land while Briger was still available. He also attended the Gardens United meeting and had asked them to come to a City Council meeting to discuss that program because there was little participation. Mayor Russo provided a history of the district park for Councilmember Barnett, which was discussed. CITY MANAGER REPORT: Town Hall Meeting Update - City Manager Ferris reported staff had been directed to bring Council a summary of the minutes of the Town Hall meeting and the questions and issues that were raised, with responses, and that had been done. Consensus was to place this issue on the next agenda for review and to provide direction to staff. Update on Kyoto – City Engineer, Dan Clark reported a meeting was held with DOT, a member from Commissioner Marcus’ office, and Winchester Courts residents. Mr. Clark highlighted issues that were not yet resolved, including mitigation costs. The number of lanes for the road was discussed. Mayor Russo announced that a decision would be made tonight regarding mitigation and either two or four lanes, following public comments. Sharon Bell requested a 20-foot soundproof wall with landscaping. Linda Otto, Winchester Drive, asked why a sign could not have been posted that there would be a roadway instead of a PUD, and requested a wall with landscaping that would be of sufficient height at least 18’ tall to screen second floor bedrooms. Nancy Vought, 11565 Winchester Drive, asked the City to require Catalfumo to place a wall across the lake from her unit. Noree Douglas, Winchester Courts representative of the road committee, reported a poll of all eight residents from the two first buildings most affected indicated they all wanted an 18-foot wall and reconsider the 58-foot proposed natural barrier for a 100-foot natural tree barrier. Judd Laird commented on lost equity that residents of Winchester Court would experience as a result of the road, and commented that it would be a horrible economic impact on people who did not deserve it, and they would not have their money for retirement. Don Gibson, Winchester Courts Road Committee, provided a slide of a bridge in Jupiter with a 30-degree angle and a curve after the bridge, which the City Engineer had indicated could not be done. Mr. Gibson requested the residents be notified of any decision to make a 4-lane road any different than now, any increase in building height in 5A or the capacity in 5A of buildings, and stated any increase in the road should be rejected by PZA and City Council until sufficient wall and buffering was installed to satisfy the noise level. Gordon Douglas, 4290 Hazel Ave., Winchester Courts thanked those responsible for Tuesday’s meeting, indicated all requested items except for three fountains were vetoed by the City Engineer, and asked for the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 3 Council to obtain a halt on construction of the bridge to allow time to see if the bridge could be moved 20 feet, and also requested the City Council explore purchase of land from Catalfumo to allow that move. Mr. Douglas reported Winchester Courts vigorously opposed Mr. Catalfumo’s waiver requests asking for a 25% increase in proposed buildout and a waiver on the 50-foot building height, because the noise level would be increased. City Engineer Dan Clark reported his findings regarding the Jupiter bridge from discussion with Mr. Weisberg of the county, and explained how it was different and why the same thing could not be done for the Kyoto Drive bridge. Mayor Russo summarized that the items he believed the council agreed upon were to decide if there would be four lanes, have staff meet with the residents to finalize the mitigation issues, to build an 18-foot wall by the front two buildings, to add the fountains, to provide more buffer and not to dig out the lake more, provide beautification or a wall on the bridge, and reported a representative from Mr. Catalfumo had indicated they would not put a wall along the lake since it would destroy their view of the lake. Councilmember Barnett indicated she opposed such a tall wall and believed a shorter wall with multi-dimensional landscaping would alleviate noise and provide the possibility of using funds, part of the 1%, from the art fund. Don Gibson indicated FDOT estimated the cost of a wall to be $35,000 per unit, and Vice Mayor Jablin asked if the City could tap into their fund. Mayor Russo indicated the City would continue to work on this issue to make it better. Councilmember Levy asked staff to research whether wetland trees such as cypress could be planted in the lake littoral zone to increase buffer size, and asked if the fill from the south side of the lake could be transferred to the north side of the lake to build a littoral shelf in order to also add plantings there. Councilmember Valeche asked that options for noise suppression, lighting, etc., be grouped with the cost of each indicated, to make it easier to choose. Councilmember Valeche agreed to be the Council liaison for the meeting with the residents. Vice Mayor Jablin made a motion that it was consensus of the City Council to proceed with a four-lane road and to make every effort to work with the residents to mitigate any adverse conditions that may arise from the four-laning of this road, within reason, and hopefully to come to a resolution that way. Motion was seconded and carried by unanimous 5-0 vote. COMMENTS FROM THE PUBLIC: Paul Auerbach, Curry Drive, asked for and received clarification that at the MPO there was no consent to increase PGA Boulevard to six lanes and that as of now it was still four. Linda Hughey, Reed Drive, reported the gate had been locked at the footbridge at the north end of Keating Drive which connected Palm Beach Square to Gardenia Gardens, and no one had been notified, asked when the meeting was held to decide to lock the gate and the times, and expressed her opinion this was discrimination, and suggested other options. Staff indicated the gate was not locked and the times had been decided at a public meeting. Staff was directed to speak with Ms. Hughey on this issue. CONSENT AGENDA: Vice Mayor Jablin made a motion to approve the Consent Agenda as submitted. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved on the Consent Agenda: a. Approve Minutes from the March 17, 2005 City Council meeting. b. Resolution 58, 2005 – Education Advisory Board – regular and alternate members. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing two regular members and two alternate members to the Education Advisory Committee of the City of Palm Beach Gardens; CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 4 extending the operation of the committee; and providing an effective date. c. Resolution 59, 2005 – Approving Addendum I with Jupiter School Bus Service, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Addendum I with Jupiter School Bus Service, Inc. for Bus Transportation Services; authorizing the City Manager to execute said Addendum I; and providing an effective date. d. Proclamation – National Volunteer Week. e. Proclamation – Municipal Clerks Week. PUBLIC HEARINGS: Part I – Quasi-judicial - Mayor Russo reviewed quasi-judicial procedures. The City Clerk swore all those who intended to offer testimony this evening in any of the quasi-judicial cases. Ordinance 14, 2005 – (1st reading) Rezoning Parcel 31.02 (Southampton) from PDA to PUD/Residential Medium. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land (Parcel 31.02) consisting of approximately 38.5 acres, located at the Northeast corner of Central Boulevard and PGA Boulevard, as more particularly described herein, from a Planned Development Area (PDA) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residential Medium (RM) to be known as the “Southampton PUD”; and providing an effective date. (Resolution 48, 2005, a companion item to Ordinance 14, 2005 will require Council action on second reading: Resolution 48, 2005 - Approving the Southampton PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 38.5-acre parcel (Parcel 31.02), to be known as the “Southampton PUD,” located at the Northeast corner of Central Boulevard and PGA Boulevard, as more particularly described herein, to allow the construction of 245 townhouse units; providing for waivers; providing for conditions of approval; and providing an effective date.) The City Attorney read Ordinance 14, 2005 on first reading by title only. Mayor Russo declared the public hearing open and called for ex-parte communications. Councilmember Levy reported he met with members of the Southampton group which consisted of Troy Holloway, Al Malefatto, and others and discussed the project; residents Lisa Lewis and Ruth Peeples, and the Bent Tree HOA president Leonard Ingrando, about the same thing. Councilmember Barnett reported she spoke to the same residents regarding the height restriction. Councilmember Valeche reported he met with the petitioner on two occasions and spoke often with Ruth Peeples and Tom Sosey of Bent Tree as well as numerous other residents this past summer. Vice Mayor Jablin reported he had spoken with numerous residents and with the petitioners and their representative, Al Malefatto. Mayor Russo reported he spoke with Southampton residents in a meeting the other day, and with Ruth Peeples, and also received by fax a petition from Leonard Ingrando, HOA President, and copies of letters from Ann Gott. Senior Planner Brad Wiseman presented the staff report. Attorney Elle Halpren spoke on behalf of the applicant and introduced those present for this project. Troy Holloway made a presentation for the applicant. Civil Engineer John Wheeler answered questions on behalf of the applicant. Ruth Peeples, member of the Bent Tree Board of Directors HOA, expressed Bent Tree’s opposition to the waiver for 3-stories on the Southampton project. Leonard Ingrando, President of Bent Tree HOA, asked the Council to act on the position letter they had received from the HOA, and asked that 3-story buildings not be approved in the Southampton project. Mr. Ingrando presented a petition circulated in CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 5 Bent Tree in July 2004 representing the majority of the households in Bent Tree. Fran Heaslip, 110 Bent Tree Drive, directly facing the Southampton lake, indicated traffic on PGA Boulevard would be magnified across the lake and spoke against 3-story buildings. Bruce Oestreich, 116 Bent Tree Drive, across the canal from Southampton, urged denial of 3-story buildings. Phyllis Portanova, 321 Timberwood Court, member of the Bent Tree HOA board of directors, asked that Town & Country be required to put 2-story homes next to Bent Tree and deny the waiver for 3-story homes. Anna Fattarusso, Bent Tree resident, presented a video of a News 12 broadcast of the Town & Country development. Tom Sosey, 149 Bent Tree, endorsed the positions given by the HOA members and Bent Tree residents, and thanked Vito DeFrancesco for the material he was presenting, and asked that this project be tabled until LDR regulations had been met. Richard Orman, 4203 Oak Street, spoke as Vice President of the PGA Corridor Residents Coalition, which objected to granting the requested waivers. Ann Gott, 309 Timberwood Court, stated she had sent a letter to each of the Councilmembers stating the standards set by Bent Tree’s original Southampton committee, and expressed concern that the preserve might be reduced 8 feet and taking back the 2-story on the perimeter of Bent Tree, and reported a meeting with the developer had not included residents. Attorney Al Malefatto commented the project shown in the video had been in West Palm Beach and did not violate any of that city’s codes, and that type of project could not be constructed in Palm Beach Gardens; there would be 100-foot buffers between adjacent neighbors; and benefits provided were in the staff report. Attorney Halpern clarified the building height issue, and indicated additional items mitigated the request for the waivers. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. It was clarified that only the ordinance would be voted on this evening, not the resolution approving the site plan. Discussion by City Council ensued. Councilmember Barnett was uncomfortable with 3 story buildings, and favored all 2-stories. Councilmember Levy favored 2-story buildings along the edge of Bent Tree and Gardens of Woodberry, and 3-story buildings in the interior, and if that was not done then wanted to see more variety in the architecture. Councilmember Levy also favored more sidewalk connections between the developments, and a way to get cars off PGA Boulevard early by adding more entrances and exits, and asked those issues to be looked at. Councilmember Valeche indicated he would side with the residents and vote against this tonight. Vice Mayor Jablin agreed with Councilmember Levy, having 2-story buildings on the edges and 3-story building interior, and more variety in the architecture. Mayor Russo indicated he would be in favor of this project if the petitioner reached agreement with the residents. The petitioner indicated they would like to try to work with the residents again. Mayor Russo re-opened the public hearing. Councilmember Valeche made a motion to continue the public hearing to the May 19, 2005 City Council meeting. The motion was seconded, and direction to the applicant was to minimize 2-stories on the perimeter, or if 2-story buildings were used throughout to reduce the number of buildings, and also to add variety in architecture. Motion carried by unanimous 5-0 vote. Ordinance 15, 2005 – (1st reading) Amendment to the Clock Tower Planned Unit Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 25, 1985 and Ordinance 17, 1988 relating to the Clock Tower Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 54, 2005; and providing an effective date. (Resolution 54, 2005 is a companion item to Ordinance 15, 2005 and will require Council action on second reading: Resolution CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 6 54, 2005 - Amendment to the Clock Tower Planned Unit Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Clock Tower Planned Unit Development (PUD), which is generally located at the Northwest Intersection of Military Trail and Burns Road, as more particularly described herein, to modify one condition of approval established in Ordinance 25, 1985, which approved the Clock Tower PUD; and providing an effective date.) The City Attorney read Ordinance 15, 2005 on first reading by title only. Mayor Russo called for ex-parte communication; no one reported any ex-parte. Planner Autumn Sorrow presented the staff report. Mayor Russo declared the public hearing open. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to place Ordinance 15, 2005 on first reading by title only. Motion was seconded. Councilmember Levy asked if this was being passed to get the applicant out of a code violation. Mr. Wu advised this situation had been developing over the past 20 years, and after research, staff had a comfort level with making this amendment. Motion carried by unanimous 5-0 vote. Part II – Non-Quasi-judicial Ordinance 1, 2005 – (1st reading) LDR Amendment – Wireless Communications Facilities. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida; relating to Wireless Telecommunications Facilities; amending Section 78-159 Code of Ordinances entitled “Permitted uses, Conditional and Prohibited uses”, amending section 78-159(j)(64), Code of Ordinances entitled “Additional Standards - Wireless Telecommunications Facilities” to provide time frames for processing applications and to authorize the adoption of a Resolution to establish Application Fees for the location of Wireless Telecommunications Facilities on private or public property; amending subsection 78- 159(j)(64), Code of Ordinances entitled “Additional Standards - Wireless Telecommunications Facilities” to repeal the requirement to apply for conditional use approval when a Wireless Facility application is denied and to clarify processes; providing for codification; and providing an effective date. The City Attorney read Ordinance 1, 2005 by title only on first reading. Mayor Russo declared the public hearing open. Planner Jackie Holloman presented the staff report. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved to place Ordinance 1, 2005 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. RESOLUTIONS: Resolution 53, 2005 - Approving the Art in Public Places proposal for the Hood Road Centre. A Resolution of the City Council of the City of Palm Beach Gardens, Florida Approving the Art in Public Places proposal for the Hood Road Centre within the Westwood Gardens/Westwood Lakes Planned Unit Development located at the Southeast Corner of Hood Road and Interstate 95, as more particularly described herein; providing for conditions of approval; and providing an effective date. Planner Jackie Holloman presented the staff report. Vice Mayor Jablin made a motion to approve Resolution 53, 2005. Motion was seconded, and carried by unanimous 5-0 vote. Resolution 56, 2005 - Approve a contract award to West Construction, Inc., for the construction of the Tennis Center Expansion Project. Project Number 2005-023. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to West Construction, Inc., for the construction of the Tennis Center Expansion CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 7 Project and all related appurtenances; and providing an effective date. Todd Engle, Construction Services Director, presented the project. Vice Mayor Jablin made a motion to approve Resolution 56, 2005. Motion was seconded by Councilmember Levy, and carried by unanimous 5-0 vote. Mayor Russo requested the amount of receipts from the tennis center and the golf course. ITEMS FOR COUNCIL ACTION/DISCUSSION: Visioning Retreat. – Councilmember Barnett suggested discussion of Council/Staff relations on Thursday night as a stepping stone to the items to be discussed Friday. City Manager Ferris indicated that would be presented to the facilitator to be sure it could be worked into the exercise properly if moved from its current position on the agenda. CITY ATTORNEY REPORT: Proposed settlement for the Kyoto Gardens Drive Rail Road Crossing. Roger Blangy, petitioner vs. the Department of Transportation, Respondent. Case #02-0327. City Attorney Tatum reported Mr. Blangy had requested postponement, so this would be placed on an agenda when he was ready. Proposed Neighborhood Workshop – The City Attorney advised this concept would formalize the process developers went through in meeting with the surrounding neighborhoods this would bring citizens in at a much earlier point in the process. The proposed process was modeled after that of the City of Sarasota where it had been used very successfully for many years, and if the City Council was interested the process could be started. Discussion ensued. Councilmember Barnett suggested requiring any lobbyist speaking to staff regarding a project to register so that there would be a record. The City Attorney indicated she would research this and provide examples of similar processes used by other municipalities. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/21/05 8 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 10:50 p.m. APPROVAL: ____________________________________ MAYOR RUSSO ____________________________________ VICE MAYOR JABLIN ____________________________________ COUNCILMEMBER BARNETT ____________________________________ COUNCILMEMBER LEVY ____________________________________ COUNCILMEMBER VALECHE ATTEST: ____________________________________ PATRICIA SNIDER, CMC CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: March 29,2005 Meeting Date: May 19, 2005 Resolution: Resolution 57,2005 SubjecVAgenda Item: Awarding of bid to purchase one new fuelhbe service truck to Palm Peterbilt-GMC Trucks. [XI Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: Department Director Originating Dept.: Fire Rescue Advertised : Date: March 13, 2005 March 20,2005 Paper: Palm Beach Post Demand Star [ ] Not Required Affected parties [ 3 Notified - [ x ] Not required Costs: $ 152.475.00 (Total) $ 152,475.00 Current FY Funding Source: [ ] Operating [ X ] Other Impact Funds Budget Acct.#: 303.1 200.522.641 0 Council Action: [ ] Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Staff Repor Resolution Bid [ ]None __ Date ~ Prepared: March 29,2005 ~~ ~~ Meeting DateFMay 19, 2005 Resolution 57,2005 BACKGROUND: In 2004, Fire Rescue’s began implementing steps to bring vehicle maintenance of engine and rescue units in-house. In coordination with Fleet Maintenance the mechanics have been attending classes and receiving certifications to service fire rescue vehicles. Additionally, Fire Rescue purchased six (6) portable vehicle lifts for the specific purpose of maintaining emergency vehicles. Currently fire rescue must take vehicles out of service in order for Fleet Maintenance to perform scheduled maintenance. This takes the vehicle out of service for approximately one hour prior to the service and one hour upon completion of the service, due to the need to change equipment into a reserve unit. With the purchase of the fuelhbe service truck Fleet Maintenance will now have the ability service fire rescue and other city vehicles in the field. This will effectively reduce the amount of time the vehicle will be out of service to approximately 45 minutes. Additionally, this will provide the City with a mobile fuel truck in the event of emergencies such as hurricanes. The vehicle will also be equipped to carry 2,000 gallons of diesel fuel and 1,000 gallons of unleaded gasoline. In March 2005, the City advertised bids for the purchase of a fuelhbe service vehicle to be opened on March 24,2005. Bids were advertised in the Palm Beach Post and on Demand Star for two weeks. The City received one bid from Palm Peterbilt-GMC Trucks, Inc., in the amount of $1 52,475. STAFF RECOMMENDATION: Staff recommends approval of Resolution 57,2005 for the award of bid for the purchase of a new fuelhbe service truck to Palm Peterbilt-GMC Trucks, Inc. in the amount of $1 52,475 and authority to execute an agreement for same. ~~~ ~ Date Prepared: March 29,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 57,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A BID TO PURCHASE ONE 2005 FUEL/LUBE SERVICE TRUCK FROM PALM AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH PURCHASE; AND PROVIDING AN EFFECTIVE DATE. PETERBILT-GMC TRUCKS, INC.; AUTHORIZING THE MAYOR WHEREAS, the City wishes to purchase one fuelhbe service truck, as outlined in Exhibit “A, to bring fire apparatus maintenance in-house; and WHEREAS, the delivery of effective fire suppression operations in the areas throughout the City requires the maintenance of equipment to facilitate firefighting activities; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens to award the bid for the purchase of one fuelhbe service truck to Palm Peterbilt-GMC Trucks, I nc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified SECTION 2. The City Council hereby authorizes the purchase of one fuelhbe service truck from Palm Peterbilt-GMC Trucks, Inc. in the amount of $152,475 and authorizes the Mayor and City Clerk to execute an agreement acceptable to the City Attorney with Palm Peterbilt-GMC Trucks, Inc. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: March 29, 2005 Resolution 57.2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Joseph R. Russo, Mayor BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBERBARNETT AYE NAY ABSENT -- \\pbgsfile\Attorney\attorney-share\RESOLUTlONS\lube truck for fire - reso 57 2005.doc 2 Date Prepared: March 29,2005 Resolution 57,2005 EXHIBIT A CITY OF PALM BEACH GARDENS PURCHASE & DELIVERY OF ONE NEW FUEL TANK / LUBE SERVICE TRUCK PREPARED BY: CITY OF PALM BEACH GARDENS BID NO: 2005-004 COMMUNITY SERVICES DEPARTMENT CITY OF PALM BEACH GARDENS INVITATION TO BID Bid No. 2005-004 The City of Palm Beach Gardens Council is accepting sealed bids for the following: PURCHASE & DELIVERY OF ONE (1) NEW FUEL TANIVLUBE SERVICE TRUCK All Bids must be received, one (1) original and five (5) copies, at the address below in the Citv Clerk's office. no later than Thursdav, March 24, 2005. at 3:30 wn., at which time all Bids will be publicly opened and read. Receipt of a response by any City office, receptionist, or personnel other than the City Clerk's Office does not constitute "receipt" as required by this solicitation. The City Clerk time stamp shall be conclusive as to the timeliness of receipt. Bid documents may be obtained, at the address below or by calling the City Clerk's Office at (561) 799- 4121. Bid documents will not be issued unless the request is received at least 24 hours prior to the opening of the Bids. All Bids should be sealed when submitted and be delivered or mailed to: City of Palm Beach Gardens City Clerk's Office 10500 N. Military Trail Palm Beach Gardens, FL 33410 On the envelope containing the proposal shall be written in large letters: Sealed Bid For: PURCHASE & DELIVERY OF ONE (1) NEW FUEL TANWLUBE TRUCK To Be Opened March 24,2005 at 3:30 p.m. The City of Palm Beach Gardens reserves the right to reject any or all proposals, in whole or in part, with or without cause, to waive any informalities and technicalities, and to award the Contract on such coverage and terms it deems will best serve the interest of the City. Criteria utilized by the City of Palm Beach Gardens for determining the most responsible bidder includes, but is not limited to, cost, whether the bidder meets the City of Palm Beach Gardens published Specifications, the Bidder's experience, skill, ability, financial capacity, and any other factor which could reasonably be asserted as being relevant to successful performance. Bidders should anticipate the owner may negotiate some or all of the components of a proposal with one or more of the Bidders in order to obtain the lowest negotiated price. CITY OF PALM BEACH GARDENS Patricia Snider, CMC City Clerk Publish: Palm Beach Post Sunday, March 13,2005 Sunday, March 20,2005 2 PURCHASE & DELIVERY OF ONE (1) NEW FUEL TANK / LUBE SERVICE TRUCK Bid # 2005-004 Date: 3/10/05 1 .O GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the Bid to be considered for award. All Bids are subject to the conditions specified herein and on the attached Special Conditions, Specifications and Bid Form. The completed Bid must be submitted in a sealed envelope clearly marked with the Bid Title and number to the City Clerk at 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 and no later than 3:30 bm., Thursdav. March 24, 2005. - 1.2 EXECUTION OF BID: The Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign the Bid shall invalidate same, and it shall NOT be considered for award. All Bids must be completed in pen or be typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the Bid. Any illegible entries, pencil Bids, or corrections not initialed will not be tabulated. The original Bid conditions and specifications CANNOT be changed or altered in any way after submitted to the City. 1.3 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the Bid specifications. In case of discrepancy in computing the amount of the Bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts to be given for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be proposed separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of Bid(s). All prices quoted shall be guaranteed for 60 days from Bid date unless otherwise specified in Special Conditions. 1.3.1 TAXES: The City is exempt from all Federal Excise and State taxes. applicable tax exemption number is shown on the Purchase Order. The 1.3.2 MISTAKES: 3 c 1.4 1.5 1.6 1.3.3 1.3.4 Bidders are expected to examine the specifications, delivery schedules, Bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder’s risk. UNDERWRITERS’ LABORATORIES: Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item@) offered and furnished. BID’S CONDITIONS: The City reserves the right to waive irregularities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. EQUIVALENTS: If Bidder offers makes of equipment or brands of supplies other than those specified, it must be indicated in the Bid. Specific article(s) of equipment/ supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturer and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the Bid form the manufacturers’ names and numbers if proposing other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other-than-specified-items offered requires complete descriptive technical literature marked to indicate detail@) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the Bid will be considered as a Bid in complete compliance with the specifications as listed on the attached form. NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Any item delivered not conforming to specifications may be rejected and returned at bidder’s expense. These items and items not delivered as per delivery date in Bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the Bidder‘s name being removed from the vendor list. SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder’s expense. Bidders will be responsible for the removal of all samples furnished within thirty (30) days after Bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the Bidder‘s name. Failure of the Bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the Bid. Unless otherwise indicated, samples should be delivered 4 to James Lunn, Fleet Maintenance SuDerintendent. Public Works. 3704 Bums Road, Palm Beach Gardens, Florida 3341 0. 1.7 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in the space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City, Monday through Friday, excluding holidays. 1.8 INTERPRETATIONS: Unless otherwise stated in the Bid, any questions concerning conditions and specifications should be submitted in writing to Arthur DeRostaing, Purchasing Agent, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, aderostainafZWbufI.com, (fax) 561-799-41 34. 1.9 AWARDS: The City reserves the right to reject all Bids or any portion of any Bid deemed necessary for the best interest of the City; to accept any item or group of items; to acquire additional quantities at prices quoted on the Bid Form unless additional quantities are not acceptable, in which case the Bid Form must be noted “BID IS FOR SPECIFIED QUANTITY ONLY”. All awards made as a result of this Bid shall conform to applicable Florida Statutes. 1.10 BID OPENING: Bids shall be opened and publicly read in the Citv of Palm Beach Gardens, City Council Chambers, 10500 N. Militaw Trail, Palm Beach Gardens, Florida 33410 on the date and at the time specified on the Bid Form. All Bids received after that time shall be returned, unopened. 1.1 1 INSPECTION, ACCEPTANCE, and TITLE: Inspection and acceptance will be destination unless otherwise provided. Title tolor risk of loss or damage to all items shall be the responsibility of the successful Bidder until acceptance by the City, unless loss or damage results from negligence by the City. If the materials, goods or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the selledbidder and return the product at the Bidder’s expense. 1.12 PAYMENT: Payment will be made by the City after the items awarded to a Bidder have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.1 3 DISPUTES: Any actual or prospective Bidder, Bidders, Offeror, or Contractor who is aggrieved in connection with a solicitation or award of a Bid or Contract may avail themselves of the City’s purchasing procedures to resolve disputed matters or complaints. The City Clerk or designee shall post a tabulation of the Bid results with intended award recommendations. Posting shall be in the office of the City Clerk and shall be on display for public viewing. All Bidders, Offerors, or Contractors affected by the proposed award of contract will also be notified by the City’s designated 5 C Purchasing Agent at the time of posting, via telefax or other means, of the intended award. Any actual or prospective bidders, Bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of contract may file a written protest to City Clerk. Protestors shall file their written protests with the City Clerk, Monday through Friday, between the hours of 8:OO a.m. and 500 p.m. Protests shall contain the name, address and phone number of the petitioner, name of petitioner’s representative (if applicable), the name and bid number of the solicitation. The protest shall specifically describe the subject matter, facts giving rise to the protest and also the action requested from the City. The written protest must be received no later than 72 consecutive hours (excluding Saturdays, Sundays and legal holidays) from the time of initial posting. Failure to file a timely formal written protest within the time period specified shall constitute a waiver by the vendor of all rights of protest under this Bid/Proposal Protest Procedure. In the event of a timely protest, the City shall not proceed further with the solicitation or with the award of the bidlcontract until all administrative remedies have been exhausted or until the City Manager determines that the award of the bidlcontract without delay is necessary to protect the public health, welfare or safety. 1.14 LEGAL REQUIREMENTS: Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidders will in no way be a cause for relief from responsibility. 1 .I 5 INDEMNIFICATION: The parties agree that 1% of the total compensation paid to the Bidder for the performance of this agreement shall represent the specific consideration for the Bidder’s indemnification of the City as set forth in this Section and in the Terms and Conditions. To the fullest extent permitted by Laws and Regulations, Bidder shall indemnify and hold harmless the City and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any willful or negligent act or omission of Bidder, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against the City or any of their consultants, agents or employees by any employee of Bidder, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, the indemnification obligation under the above paragraph shall not be limited in any 6 1.16 1.17 way by any limitation on the amount or type of damages, compensation or benefits payable by or for Bidder or any such Subcontractor or other person or organization under workers or workman's compensation acts, disability benefit acts or other employee benefit acts. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statute 725.06 (Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefore. The official title of the City is "The City of Palm Beach Gardens". This official title shall be used in all insurance, or other legal documentation. The City of Palm Beach Gardens is to be included as "Additional Insureds" with respect to liability arising out of operations performed for City by or on behalf of Bidder or acts or omissions of Bidder in connection with such operation. PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by City. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. OSHA: The bidder warrants that the product and services supplied to the City of Palm Beach Gardens, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.17A SAFETY PRECAUTIONS: 1.18 1.19 1.20 The bidder shall, if required, maintain suitable and sufficient guards and barriers and, at night, suitable and sufficient lighting for the prevention of accidents and all minimum safety standards required by municipal, County, State and Federal laws, rules, regulations, codes, ordinances, directives, guidelines and laws shall be strictly met by the bidder. SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this Bid shall be new. The items Bid must be new, unless recycled materials are certified by bidder, the latest model, of the best quality, and highest grade workmanship. LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City property to deliver goods, materials or perform work or services as a result of a Bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all 7 I .21 1.22 1.23 necessary licenses, permits and insurance and assure all work complies with all Palm Beach County and City. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of the Bid. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the Bid in the amount specified in Special Conditions. After acceptance of Bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. DEFAULTlFAlLURE TO PERFORM: The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful bidder to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful bidder to meet any terms of this agreement, the City will notify the bidder three (3) days (weekends and holidays excluded) to remedy the default. Failure on the Bidder’s part to correct the default within the required three (3) days shall result in the contract being terminated and upon the City notifying in writing the Bidder of its intentions and the effective date of the termination. The following shall constitute default: A) Failure to perform the work required under the contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the contract. 8) Failure to begin the work under this contract within the time specified. C) Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D) Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the contract. E) Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or insolvency, or making an assignment renders the successful Bidder incapable of performing the work in accordance with and as required by the contract. F) Failure to comply with any of the terms of the contract in any material respect. G) Failure to comply with the terms of this Bid, including, but limited to, the Special Conditions. In the event of default of a contract, the successful bidder shall pay all attorney’s fees and court costs incurred in collecting any damages. The successful bidder shall pay the City for any and all costs incurred in ensuring the completion of the project. CANCELLATION: The City reserves the right to cancel this contract by written notice to the Bidder effective the date specified in the notice and the following will apply: A) The Bidder is determined by the City to be in breach of any of the terms and conditions of the contract andlor to have failed to perform hidher services in a manner satisfactory to the City. In the event the Bidder is found to be in default, the Bidder will be paid for all labor and materials provided as of the termination date. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. B) The City has determined that such cancellation will be in the best interest of the City to cancel the contract for its own convenience. 8 1.24 1.25 1.26 1.27 1.28 1.29 1.30 C) Funds are not available to cover the cost of the services. obligation is contingent upon the availability of appropriate funds. The City’s BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to Accounts Payable, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 SUBSTITUTIONS: The CITY WILL NOT accept substitute shipments of any kind. Bidder@) is expected to furnish the brand quoted in their Bid once awarded. Any substitute shipments will be returned at the bidder’s expense. FACILITIES: The City reserves the right to inspect the bidder’s facilities at any time with prior notice. BID TABULATIONS: Bidders desiring a copy of the Bid tabulation may request same by enclosing a self-addressed stamped envelope with the Bid. APPLICABLE LAW AND VENUE: The law of the State of Florida shall govern the contract between the City and the successful bidder and any action shall be brought in Palm Beach County, Florida. In the event of litigation to settle issues arising hereunder, the prevailing party in such litigation shall be entitled to recover against the other party its costs and expenses, including reasonable attorney fees, which shall include any fees and costs attributable to appellate proceedings arising on and of such litigation. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Invitation for Bid is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the Purchasing Agent at least three (3) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City’s designated Purchasing Agent. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are required. A copy of such Addendum will be sent to each Bidder receiving the Invitation for Bid. In the event of conflict with the original Bid Documents, Addendum shall govern all other Bid and Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. AWARD OF CONTRACT: A) A contract may be awarded to the lowest responsive, responsible Bidder@) whose Bid(s), conforming to the Invitation for Bid, is most advantageous to the City. The lowest responsive, responsible Bidder(s) will be determined in conjunction with the method of award which is described in the Special Conditions. Tie Bids will be decided as described herein. 9 B) The City shall award a contract to a Bidder through action taken by the City Council or the City Manager. C) The General Terms and Conditions, the Special Conditions, the Technical Specification, and the Bidder's Bid are collectively and integral part of the contract between the City and the successful Bidder. D) While the City may determine to award a contract to a Bidder(s) under this Request for Bid, said award may be conditional on the subsequent submission of other documents as specified in the Special Conditions. The Bidder shall be in default of any conditional award if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in default, the City, through its designated Purchasing Agent, will void its acceptance of the Bidder's offer and may determine to select the second lowest responsive, responsible Bidder or re-solicit Bids. The City may, at its sole option, seek monetary restitution from the defaulting Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year. E) The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to a subsequent optional period; provided that such option is stipulated in the Special Conditions and is contained in any contract ultimately awarded in regard to this Bid. F) The City reserves the right to automatically extend any contract for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded, provided this is expressly made a part of any contract awarded in regard to this Bid. 1.31 ASSIGNMENT: The Bidder shall not assign, transfer, convey, sublet or otherwise dispose of any contract, including any or all of its right, title, or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City. 1.32 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulation building code requirements applicable to the work contemplated herein. 1.33 OPTIONAL CONTRACT USAGE: Other State agencies, and/or Governmental Entities in the State of Florida may purchase from the resulting contract. Bidders shall sell these commodities or services to the other State agencies and/or Governmental Entities in the State of Florida at the agencies' and/or entities option. 1.34 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this Bid from the selected bidder. However, items that are to be "Spot Market Purchased" may be purchased by other methods, Le. Federal, State or local contracts. 1.35 PUBLIC ENTITY CRIMES: As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services 10 1.36 1.37 1.38 1.39 to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity. CONFLICT OF INTEREST AND CODE OF ETHICS: The award is subject to provisions of State Statutes and City policies. All Bidders must disclose with their Bid the name of any officer, director, or agent who is also an employee of the City. Further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of 5% or more in the Bidder's firm or any of it's branches. If any Bidder violates or is a party to a violation of the code of ethics of the State of Florida with respect to this Bid, such Bidder may be disqualified from performing the work described in this Bid or from furnishing the goods or services for which the Bid is submitted and shall be further disqualified from bidding on any future Bids for work or for goods or services for the City. A copy of the State Ethics Codes is available on line at http://www.flsenate.aov. NON-COLLUSION: Bidder certifies that this offer is made without prior understanding, agreement, or connection with any corporation, firm or person Submitting an offer for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities are permitted, either with, prior to or after any delivery of material or provision of services. Any violation of this provision may result in the Contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor Bid list(s). FLORIDA PUBLIC RECORDS ACT: All material submitted regarding this bid becomes the property of the City. Bids may be reviewed by any person ten (IO) days after the public opening. Bidders should take special note of this as it relates to any proprietary information that might be included in their offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City. The City has the right to use any or all informationlmaterial submitted in response to this bid and/or any resulting contract from same. Disqualification of a bidder does not eliminate this right. TIED BIDSlDRUG FREE WORKPLACE PROGRAMS: In the event of an identical tied bid or proposal, preference will be given to local vendors. If none of the vendors are local, preference shall be given to the business, submitting proof of Drug-Free Work Place (DFW) programs. A public drawing of lots will be held in the event all apply. 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this proposal is to establish a contract for the purchase and delivery of one (1) new fuel tank I lube service truck. 11 2.2 TERM OF CONTRACT: This contract shall commence the day after date of award by the City. The contract shall remain in effect until final acceptance of the truck by the City. 2.3 METHOD OF AWARD: Award of this contract may be made to the lowest responsive, responsible bidder whose proposal is the most advantageous to the City. 2.4 PAYMENT: Payment will be made upon receipt and acceptance of the complete Fuel Tank / Lube Service Truck. No down or partial down payments will be made. All bid prices must include freight prepaid to Public Works, 3704 Burns Road, Palm Beach Gardens, Florida 3341 0. 2.5 DELIVERY: Bidders shall specify on the attached Bid Form the estimated delivery time (in calendar days) for the Fuel Tank/Lube Truck. If the successful Bidder fails to deliver within the specified time, it is understood that $25.00 per calendar day, per unit, will be deducted from the payment as liquidated damages for each day beyond the specified time. The new fuel tank / lube service truck completely serviced and ready for operation with all manuals and related requested material called for in these specifications shall be delivered to Public Works, 3704 Burns Road, Palm Beach Gardens, Florida 33410. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the term of contract; provided, however, that the bidder may offer incentive discounts from the fixed price to the City at any time during the contractual term. 2.6 2.7 CONTACT PERSON: For any additional information regarding the specifications and requirements of this bid, contact Arthur DeRostaing, Purchasing Agent, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, aderostaina@Qbqfl.com, (fax) 561-799- 4134. 2.8 BID CLARIFICATION: Any questions or clarifications concerning this Bid shall be submitted in writing by mail, email or facsimile to Arthur DeRostaing, Purchasing Agent, 10500 N. Military Trail, Palm Beach Gardens, Florida 3341 0, aderostaina@r)bnfl.com, (fax) 561 -799-41 34. The bid titlelnumber shall be referenced on all correspondence. All questions must be received no later than three (3) calendar days prior to the scheduled proposal opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.9 LIQUIDATED DAMAGES: If the successful vendor fails to deliver within the specified delivery time, it is understood that $25.00 per calendar day, for the Fuel Tank / Lube Service Truck, will be deducted from the payment, as liquidated damages. 12 2.1 0 WARRANTY: Unit(s) to have full factory warranty. No demonstrators, etc., will be accepted. Manufacturer’s warranty information must be submitted with Bid Form. 2.1 1 PRODUCTlCATALOG INFORMATION: All bidders must submit catalog/product and specification information on the unit(s) they propose to furnish on this ITB. Failure to submit such information will result in rejection of your bid. 2.12 BID SUBMITTAL: All bids submitted shall include the completed Bid Form and all required product information and any other items as indicated on the Bid Form. Bids will be considered “Non-Responsive” if the required information is not submitted by the date and time specified. Before submitting bid, each bidder shall make all investigations and examinations necessary to ascertain if any addendum were issued by the City’s Clerk Office. 2.13 LATE BIDS: The City cannot be responsible for bids received after opening time and encourages early submittal. 2.14 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. 2.15 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid proposal, the one (1) original and five (5) copies of the Invitation for Bid and Bid Form pages must be returned, properly completed, in a sealed envelope as outline in the first paragraph of General Conditions. 2.16 NO SUBSTITUTION COMPONENTS: When NO SUBSTITUTION is used in combination with a manufacturer’s name, brand name and/or model number that named item is the only item that will be accepted by the City of Palm Beach Gardens. After the City has evaluated the Bids, the low bidder, may be required to demonstrate the equipment which has been proposed for evaluation by and at no cost to the City. The purpose of the demonstration is to observe the equipment in an operating environment and verify its capability, suitability, and adaptability vis-a-vis the performance requirements stipulated in the proposal. If a demonstration is required, the City will notify the bidder of such in writing and will specify the date, time and location of the demonstration. If the bidder fails to perform the demonstration on the date stipulated in the notice, the City may elect to reject the bidder’s proposal or to re-schedule the demonstration, in the City’s best interest. The City shall be the sole judge of the acceptability of the equipment in conformance with the specifications and its decision shall be final 2.17 ACCEPTANCE: Delivery of the unit@) to the City does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the Fuel TanWLube Service Truck 13 meets contract specifications and conditions. The unit(s) will be inspected and accepted by James Lunn, Vehicle Maintenance Superintendent, Public Works / Fleet Division. The Fuel TanWLube Service Truck must be in conformance with the specifications and that the engineering materials and workmanship exhibit a level of quality and appearance consistence with or exceeding industry standards. It will be the responsibility of the successful bidder to pick up any Fuel TanklLube Service Truck found unacceptable. After notification, the successful bidder will have five (5) working days to respond and make the necessary arrangement to pick up said truck, and to redeliver same in five (5) working days after date of pick up. 2.18 INSURANCE: Bidders must submit with their proposal, proof of insurance meeting or exceeding the following requirements or a letter of intent to provide the following requirements if awarded the contract: 2.1 8.1 Worker’s Compensation Insurance - as required by law The City of Palm Beach Gardens will not accept filed certificates of exemption forms for Worker’s Compensation Insurance. 2.18.2 Employer’s Liability Insurance - $500,000 per occurrence, $500,000 disease policy limit, and $500,000 disease each employee 2.1 8.3 General Liability Insurance - $500,000 general aggregate,$500,000 per person, $500,000 each occurrence and $500,000 per accident for bodily injury 2.1 8.4 Automobile Liability Insurance for owned vehicles, non-owned vehicles & hired vehicles - $500,000 annual aggregate, $500,000 per occurrence, $500,000 per accident for bodily injury and $500,000 per accident for property damage The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best’s Insurance Guide. The successful bidder must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Palm Beach Gardens as additional insured. 14 3.0 TECHNICAL SPECIFICATIONS: 3.1 PURPOSE: The intent of these specifications is for the purchase & delivery of one new fuel tank / lube service truck. Vendor(s) shall be responsible for supplying equipment that will withstand this intended use for the life of the system (approx. 10 years). Parts and service must be readily available in Palm Beach County. The City of Palm Beach Gardens will only accept one (1) new fuel tanks / lube service truck as detailed in the specifications to follow: Peterbilt 335 Truck (OR EQUIVALENT) Fuel Tanks I Lube Equipment I Chassis I Bed BODY Body Type Platform w/Devices Body Length 20 ft. Body Height 13.5 ft Maximum Laden Weight 1000 LBS OPERATING AREA RESRTRICTIONS Length 40 Foot Width Width 102 Inches Height 13.5 Feet CHASSIS Front Axle Load 14,600 LBS Rear Axle Load 40,000 LBS GCW 31,000 LBS Maximum Grade 6 Wheelbase 238 Inches FAWBOC 69.8 Inches Cab/Axle 168.2 Inches Cab/EOF 250.2 Inches FRAME AND EQUIPMENT 10-5/8” Steel Rails and Steel Cross members to 277” 238 in. Wheelbase Heavy Duty Cross members No Mud flaps or Hangers FRONT AXLE AND EQUIPMENT Dana (Or Equivalent) E14621 14,600 Ib Overall Front Width 98.8” Taper Leaf Springs W/Shocks 14,600 LBS Power Steering TRW TAS85, frame mounted Dana (Or Equivalent) ES cam brakes, 11 ?4 in bolt circle Dana (Or Equivalent) Auto Slack Adjusters 15 REAR AXLE AND EQUIPMENT Dana (Or Equivalent) DSP41 40,000 Ibs 16.5 x 7 Cam Brakes MGM TR 3030 in Parking Brakes, both axles Ratio 4.53 Rear Axle Dana (Or Equivalent) Auto Slack Adjusters, tandem axles ENGINE AND ENGINE EQUIPMENT Cummins (Or Equivalent) Engine - 315 @ 2000,950@1300 Delco (Or Equivalent) 130 Amp Alternator Delco (Or Equivalent) 12V Starter Two Batteries 12V 2775 CCA Threaded Post Type Terminal Horton (Or Equivalent) Fan Clutch Cummins (Or Equivalent) 16.7 CFM Air Compressor Cruise Control Single 5in. Exhaust Vert Resilient Cab Mounted Single Chrome Muffler Elbow Single Exhaust Guard, Stainless Steel Transmission & Clutch Allison 3500 RDS (Or Equivalent) 1710 HD Driveline w/Single Midship Bearing TIRES 16 Ply 385/65R22.5 M844F Tires (Front) 14 Ply 11R22.5 M643 (Rear) FUEL TANKS 70 gallon fuel tank BATTERY BOX AND BUMPER Aluminum Battery Box WINon-slip Step Steel styled Bumper Painted Cab Color CAB AND EQUIPMENT Aluminum Cab Fiberglass Hood Ignition and doors keyed alike Fixed Rear Window Heater/Air Conditioner Stainless Steel Mirrors 7" x 16" Convex Mirror Over RH Door Air Horn AM/FM/ Weather band 5 LB Fire Extinguisher Amber Strobe Light Mid Center of Roof Electric Windshield Wipers Ecco 630 (Or Equivalent) Backup Alarm 16 Fuel System Capacity: 3,000 Gallons Compartments: (2) Compartments w/Double Bulkhead between Compartments 2000/1000; DieseVGasoline Tank Heads: ASTM-A36 3/16" Steel; Air Blown; Dished and Flanged Tank Shell: ASTM-A36 10 Gauge Steel Tank Bolsters: ASTM-A36 3/16" Steel; Box Type, Front and Rear Tank Runners: ASTM-A36 3/16" Steel; Modified U-Shape; Full Length Fenders: Rollover Protection: ASTM-A36 Steel 12 Gauge; Box Type Full Length; Mounted to Tank ASTM-A36 3/16" Steel; Full Length Baffles: Compartment Bulkhead: ASTM-A36 311 6" Steel; Dished and Flanged; 18" Crawl Hole; 100% Welded on each side ASTM-A36 Steel; Dished and Flanged; 100% Welded on each side Manway(s): Internal Valve: (2) 16" Betts DOT Certified Manway Dome Lid (1) DOT Certified Internal Valve for each Compartment Access Ladder: Left Front Corner Mounted, 3/4" Pipe Construction w/Anti Slip Material Fuel Pump: (2) Blackmer 120 2.5" (or equivalent) Fuel Pump; Hydraulic Driven 1 diesel, I gasoline Fuel Reel: (2) Hannay Electric (or equivalent) Rewind Reel ~170' of 1" Premo-Flex Fuel Hose; OPW Nozzle and Swivel Fuel Meter: (2) Fluid Power; Stainless Steel Componentry; Large Read-Out; Cumulative Total; Air Eliminator Bumper: 8" ICC Bumper Lights: Truck-Lite Sealed Beam LED Truck-Lite Factory Wiring Harness (10) 12 volt Halogen Flood Lights Paint: All Steel Descaled and Stress Relived; Two Coat Primered; Two Coat Top Finish to One Color of Customer Choice Reel and Meter Compartment: Full Enclosed Rear Compartment for Meter Reels and Product Tanks Fire Extinguisher: 20 Ib. NFPA approved 17 Storage Boxes: Marine Grade Aluminum Diamond Plate Construction; Driver's Side for Storage, Passenger Side for Air Compressor; All Stainless Steel Hardware Air Compressor: Atlas Copco LE55 (or equivalent) Hydraulic Driven Air Compressor Package; Hydraulic Drive Package (PTO, Pump, Reservoir and Filter); Compressor; 30 Gallon Receiver; Aluminum Storage Cabinet for Mounting of Air Compressor on Passenger Side Engine Oil: Water: Grease: (1) 100 Gallon; Hydraulic Oil, Engine Oil; ASME Steel Construction: Sight Tube with On/Off Valve and Protective Covering, Graco 5:l Oil Product Pumps; Air Pressure Regular: 3 Dixon Fill Domes; Hannay Reel (or equivalent) with 50 of X Delivery Hose and Graco (or equivalent) Dispensing Nozzle (1) 50 Gallon for WaterlCoolant; ASME Aluminum Construction; Sight Tube with On/Off Valve and Protective Covering; Graco 1040 Air Pump (or equivalent); Air Pressure Regular; 3" Dixon Fill Dome; Hannay Reel (or equivalent) with 50' of %" Delivery Hose and Graco (or equivalent) Dispensing Nozzle 120 Ib. Grease System; Graco 751 Presidents Grease Pump (or equivalent); Hannay Reel (or equivalent) with 55' of #6 High Pressure Grease Hose; 120 Ib. Hold Down Kit; Air Pressure Regular; In-Line Oiler; Stainless Steel Skid Plate Flush with Door Opening for Easy Replacement of Grease Barrel Waste Oil: 50 Gallon Waste Oil Tank; ASME Certified Steel Construction: Sight Tube with Protective Covering and Shut-Off Valve; Graco (or equivalent) Diaphragm Type Waste Oil Pump; Hannay Reel (or equivalent) with 35' of 1" Suction Hose; Air Pressure Regulator Generator: Pressure Washer: GETEC (or equivalent) Hydraulic Driven 8.5kw; (2) Outlets PACE (or equivalent) Manufactured Hydraulic Driven Cold Water High Pressure Washer 50 Gallon Aluminum Tank; Hannay Reel (or equivalent) with 50' of High Pressure Washer Hose, Trigger Operated Wash Wand 18 Vendor check list: YESA NO- 1. Vendor Representative Contact information YESX NO- 2. Itemized price Bid Submittal YES- NOS 3. Proof of Insurance or Letter of Intent P~W& A~L A~A~P YES2 NO- 4. Bid prepared in 1 original and 5 copies please YES% NO- 5. Bid signed by authorized representative YES% NO- 6. Equipment manufacturer’s catalog information YES$ NO- 7. Warranty / Maintenance Period - Define in detail on all components 19 BID SUBMITTAL FUEL TANK/LUBE TRUCK (per detailed specifications) Bid # 2005-004 DATE & TIME: 3/24/05 3:30~m $ 152,475.00 I To: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Palm Peterbilt-GMC Trucks, Inc. (Vendor) Agrees to deliver one (1) new fuel tanks - lube service truck as defined in this Bid in accordance with the requirements of the Specifications and Bid Documents. The undersigned Bidder has carefully examined the Specification requirements, Bidcontract Documents and is familiar with the nature and extent of the Work and any local conditions that may in any manner affect the Work to be done. The undersigned agrees to provide the Fuel Tanmube Truck called for by the Specifications and Bid Documents, in the manner prescribed therein and to the standards of quality and performance established by the City for the unit Bid price stated in the spaces herein provided. The undersigned agrees the right of the City to hold all Bids and Bid guarantees for a period not to exceed ninety (90) days after the date of Bid opening stated in the Request for Bid. The undersigned accepts the invoicing and payment policies specified in the Bid. Upon award of this Bid the City and Bidder each binds himself, itself or herself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Bid Documents. The Bid Document constitutes the entire agreement between City and Bidder and may only be altered, amended or repealed by a Change Order or a written amendment. The Bidder, by signing the Bid Submittal pages, acknowledges and agrees to abide by all the terms, conditions and specifications contained in this Bid Document. Bidder shall guarantee delivery withinlslm calendar days from receipt of Purchase Order Reference StateILocal Government Contract namehumber if applicable: Datedthis 23rd dayof March , 2nn5 (Month) (Year) By: / B\\\ B\?o & a~ic jz (Print name) 20 Telephone: ( ) Fax:( ) Social Security Number (OR) Taxpayer Identification Number (TIN): Telephone: (954 ) 584-3200 Fax:( 954) 584-3228 Taxpayer Identification Number (TINIEIN): 59-1 934827 State Under Which Corporation Was Chartered: Corporate President: Jhvid Weiger (Print Name) Corporate Secretary: Debbie Demers (Print Name) Corporate Treasurer: (Print Name) CORPORATE SEAL Attest By: Secretary 21 VENDOR SERVICE REPRESENTATIVE INFORMATION The following individuals are the designated contacts: REGULAR WORK HOURS: Name: Eric Handlon / Bill Rrwipr Address:2441 S State Road 7. Et- J& F1 - 33317 Te1ephone:m 931-9946 / 561 -773-8393 Cell Office (954)584-3200 AFTER WORK HOURS, WEEKEND & HOLIDAYS: Name: Eric Handlon Address: %E Telephone: %Utle 22 Palm Peterbilt-GMC Trucks P270 City of Palm Beach Gardens 2441 S State Road 7 10500N. Military Trail Fort Lauderdale, Florida United States 3331 7-6999 Palm Beach Gardens, Florida United States 3341 0 Phone: Fax: Email: Model: Type: Description : Intended Serv.: Commodity: (954) 584-3200 Phone: (561) 7994121 (954) 584-3228 Fax: ehandlon@palmtruckrv Contact Email: Prepared for: Vehicle Summary Unit Model 335 Full Truck 335 Lube Truck Utility/Lube Service Petroleum Products Application Body Type: Length (ft): Height (ft): Max Laden Weight (Ibs): Trailer No. of Trailer Axles: Type: Length (ft): Height (ft): Kingpin Inset (in): Corner Radius (in): Lube Service 20 13.5 1000 0 0 0.0 0 0 Fr Axle Load (Ibs): Rr Axle Load (Ibs) G.C.W. (Ibs): Road Conditions: Class A (Highway) Class B (Hwyhltn) Class C (Off-Hwy) Class D (Off-Road) Maximum Grade: Wheelbase (in): Fr Axle to BOC (in): Cab to Axle (in): Cab to EOF (in): Chassis Special Req. 14600 38000 52600 100 00 00 00 6 238 69.8 168.2 268 Restrictions Length (ft): 40 Width (in): 102 Height (ft): 13.5 Approved by: Date: Note: All sales are F.O.B. designated plant of manufacture. , Ask your dealer for a quote today, or visit our website @ www paccarfinancral corn PACCAR Financial offers innovative finance, lease and insurance programs customized to meet your needs 410148-64224-0580 Page 1 of 6 Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: Effective Date: Prepared by: 3/23/2005 a:37:20 AM Complete Model Number: Jan 1,2005 QuotelDTPOICO: Eric Handlon Version Number: Model 335 Q80527308 12.20 Palm Peterbilt-GMC Trucks P270 City of Palm Beach Gardens 2441 S State Road 7 10500N. Military Trail Fort Lauderdale, Florida United States 33317-6999 Palm Beach Gardens, Florida United States 33410 Phone: (954) 584-3200 Phone: (561) 79941 21 Fax: (954) 584-3228 Fax: Email: ehandlon@palmtruckrv Contact Email: Prepared for: Description Weight Model 335 9,621 Base Model Frame & Equipment 10-5/8in Steel Rails, Steel Xmbrs, 327417in 534 STEEL WlSTEEL XMBRS CHASSIS HOSE AND WIRING BUNDLES CONVENIENTLY ROUTED THROUGH GUSSETS 3/4 Length Steel Inner Liner EOF 59 1 238in Wheelbase 0 Heavy Duty Crossmembers 0 Huck Bolt All Accessible Frame Components 0 EOF Square wlo Xmbr 0 Omit Rear Mudflaps and Hangers Peterbilt Front Wheel Mudflaps 0 Except EOF crossmember. For use with body builder installed crossmember. 0 Front Axle & Equipment Dana Spicer E14621 14,600 Ib Dana Spicer ES cam brakes, 11-1/4in bolt circle. FACTORY FRONT AXLE ALIGNMENT OUTBOARD MOUNTED BRAKE DRUMS Use with 14,600 Ib front axles. Use w/14,600 Ib Front Axles For use with 8,000 Ib to 14,600 Ib front axles. 13,200 and 14,600 Ib front axles. Includes Dana Spicer EES420 brake linings, non-asbestos. 256 Taper Leaf Springs with Shocks 14,600 Ibs 0 Power Steering TRW TAS85 0 Power Steering Reservoir Frame Mounted PHPIO Alum LMS Hubs, Cast Drums, 16.5~5 Brakes Chicago Rawhide Scotseal Plus XL Oil Seals HaldexlDana Auto Slack Adjusters 0 0 0 0 Rear Axle & Equipment Unpublished options may require reviewlapproval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: Effective Date: Prepared by: 4 10148-64224-0580 312312005 8:37:20 AM Complete Model Number: Jan 1, 2005 QuotelDTPOICO: Eric Handlon Version Number: Model 335 GI80527308 12.20 Page 2 of 6 Description Dana Spicer DSP41 40,000 Ib LASER FACTORY AXLE ALIGNMENT PHPIO Iron Hubs, Cast Drums, 165x7 Cam Brakes 46,000 Ib maximum, tandem axle, Dana Spicer ES brakes MGM TR 3030in Parking Brakes, Both Axles HaldexlDana Auto Slack Adjusters, Tandem Axles Chicago Rawhide Scotseal Plus XL Oil Seals,Tandem Meritor Wabco 4S4M ABS, SBM Valve Synthetic Axle Lubricant, All Axles Ratio 4.63 Rear Axle Reyco 102 Multi Leaf 38,000 Ib Engine & Engine EquiDment ISC315 315/2200 31 !@2000 950@1300 Includes alum flywheel housing. CHEVRON DEL0 MULTIGRADE ENGINE OIL, SAE 15W40 MAGNETIC ENGINE OIL DRAIN PLUG N20300 PO53 No. .Idle Shutdown Enable N20320 PO82 No ... Engine Protection Shutdown N20380 PO41 78 .... Max Speed in Top Gear N20400 PO47 70.. .Maximum Cruise Speed N20440 PO56 own Timer ternator 22 SI Delco Remy 12V Starter WEATHER PACK SILICONE SEALED ELECTRICAL CHASSIS CONNECTORS WRES NUMBERED EVERY 41NCHES OR LESS 3 Champ PC31 12V Batteries 2775 CCA Threaded Stud Type Terminal MAINTENANCE FREE 12V BATTERIES Horton Fan Clutch - ISC, ISL, CG DriveMaster Cummins 18.7 CFM Air Compressor (Furnished on Engine) C/ISL Frame Mtd iciency Cooling Sys ty Air Cleaner ECO-LL Single 5in Exhaust Vert Resilient Cab Mounted Single Exhaust Guard Stainless Steel Single Stainless Steel Muffler Elbow Chrome Exhaust Standpipe(s) 36in Standpipe -- Weight 2.165 0 0 0 604 20 0 0 51 0 0 0 0 11 13 11 0 0 0 Unpublished options may require reviewlapproval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: Effective Date: Prepared by: 3123lrn05 8:37:20 AM Complete Model Number: Jan 1,2005 QuotelDTPOICO: Eric Handlon Version Number: Model 335 Q80527308 12.20 Page 3 of 6 4 10 148-64224-0580 Description Weight 165 Transmission & Clutch Allison 3500 RDS-P Rugged Duty Service (Suited for vehicles operating on/off highway and/or requiring PTO operation). Includes rear transmission support MAGNETIC TRANSMISSION OIL DRAIN PLUG 1710 HD Driveline With Single Midship Bearing Water-to-Oil Heat Exchange 0 Allison Transmission Lubricant -Automatic Transmission Fluid 0 Allison 5Speed Configuration -Wide Ratio Gears 0 Allison 3500 Trans only 0 0 Air 8 Trailer Equipment Nylon Chassis Hose BRAIDED CHASSIS HARNESS COVER RUBBER LINED CLAMPS ALONG FRAME RAIL COMPRESSOR DISCHARGE HOSE TEFLON-LINED, STAINLESS STEEL BRAIDED (3) Steel Painted Air Tanks 0 Tires &Wheels FF: BR 18ply 315180R22.5 R294 RR: BR 14ply 11R22.5 M843 Code-rear Tire Qty 08 FF: Accur 28408 Plt 22.5x8.25 Stl Whl RR: Accur 28408 Plt 22.5x8.25 Stl Whl Code-rear Rim Qty 08 PILOT MT, TWO HAND HOLES PILOT MT, TWO HAND HOLES 82 168 0 0 0 0 Fuel Tanks 23in Aluminum 70 Gallon Fuel Tank LH UIC WlRE BRAIDED FUEL LINE Location LH UIC 70 Gallon (1) NonSlip Fuel Tank Step LH UIC Alum Battery Box wINonSlip Step RH Under Cab Steel Styled Aero Bumper Painted Cab Color -117 0 0 Battery Box 8 Bumper -55 0 with Center Tow Hook Cab & Equipment Unpublished options may require reviewlapproval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed 3/23/2005 8 37 20 AM Complete Model Number. Model 335 Effective Date Jan 1,2005 QuotelDTPOICO (280527308 Prepared by Eric Handlon Version Number 12 20 4 10 148-64224-0580 Page 4 of 6 Description Alum Cab 108in BBC Metton Hood wlBright Crown IGNITION AND DOORS KEYED ALIKE FULL LENGTH PIANO TYPE STAINLESS STEEL DOOR HINGES AND PINS THREE POINT RESILIENT CAB MOUNTING ONE PIECE ROOF AIRCRAFT GRADE HUCKBOLT FASTENERS TINTED SAFETY GLASS INTERIOR NOISE REDUCTION PACKAGE Severe Service Cab Package #1 Includes alum side skins, alum rear skin, alum windshield mask, steel firewall, steel front floor sheet, steel isolator insert. Full Bench Seat 60/40 Vinyl Bench Seat with Gray Cloth Inserts 2-Point Lap Safety Belt for Center Passenger 3-Point Safety Belt-Driver & Pass 18in (4) Spoke Foam Steering WheelSoft Touch WlTH STANDARD TILT STEERING COLUMN Vantage Interior GreylBlack In Model 335: Includes vinyl padded headliner and back panels, doors with rubber insert, (2) inside entry grab handles, contoured armrests, vermilion bullwood dash, two inside sunvisors, two coat hooks, rubber floor mats, cup holder with 12-volt power outlet, and 2-way domelight. In Class 8: Includes vinyl interior panels, door pads and back wall panel wth pebble grain kick pad inserts, (2) inside entry grab handles, (1) inside sunvisor with map strap, (2) coat hooks, cup holder and map bin in dash, (1) dome light, and black extruded rubber floor covering Day Cab Rear Window View Window in RH Door Combo Fresh Air HeaterlAir Conditioner with radiator mounted condenser 54,500 BTUlHR Heater/Air Conditioner Bi-Level Heater/Defroster Controls Stainless Steel Mirrors 7x16 Prutsman MP716S Convex Mirror Over RH Door STAINLESS STEEL MIRROR FASTENERS (1) Air Horn 24.5in Chrome - Round wlHorn Shield SINGLE ELECTRIC HORN Panasonic AMlFMMleatherband With two speakers, electronic tuning, 18 stabon presets, auto-preset scan, seek tuning, tone control, balance control and fader, quartz dock, LED lighting. Peterbilt Electric Windshield Wipers with Intermittent Feature Cigar Lighter and Ashtray 0 0 0 0 0 0 0 0 0 4 11 0 0 Unpublished options may require reviewlapproval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: Effective Date: Prepared by: 31231M05 8:37:20 AM Complete Model Number: Jan 1,2005 QuotelDTPO/CO: Eric Handlon Version Number: Weight 0 40 0 Model 335 Q80527308 12.20 4 10 148-64224-0580 Page 5 of 6 Paint Miscellaneous Description 5 Lb 3a:40bc Fire Extinguisher Mounted between driver seat and door. Triangle Reflector Kit Shipped Loose Weight 9 13 Ecco 630 Backup Alarm 4 Oil Temp Gauge Trans - Main Instrument Package B 2 0 Allison Transmission Includes electnc speedometer wltrip odometer, tachometer whntegral hourmeter, voltmeter, dual air pressure, engine oil pressure, water temperature, transmission temperature, air filter restriction, and fuel level gauge. LIFT OUT INSTRUMENT PANEL Standard Warning Light Package Includes high water temperature, low oil pressure, and low air pressure warning lights wlbuuers, high beam and turn signal indicators, and parkmg brake warning light lnteraxle differential lockout warning light without buzzer (not included in the Medium Duty model). Inlet air heater and alternator charging system warning lights without buzzers (only included in the Medium Duty model) Park, Turn, and Side Marker. Headlights Composite Fender Mounted wllntegral 0 0 Marker Lights (5) 0 (1) Beacon Light Rotating Amber RR COMBINATION STOP, TURN & TAIL LTS 0 Paint Color Selection within Paint Deck 0 Dupont Single Stage Non-Metallic 0 (Solid Color Paint) N85200 FRAME NOOOIEA BLACK N85300 WHEEL N0006EA WHITE N85020 1 - N0006EA WHITE 0 Total Weight 1420M Prices and Specifications Subject to Change Without Notice. Unpublished options may require reviewlapproval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: Effective Date: Prepared by: 410148-64224-0580 3/23/2005 8:37:20 AM Complete Model Number: Jan 1, 2005 QuotelDTPOICO: Eric Handlon Version Number: Model 335 Q80527308 12.20 Page 6 of 6 PETERBILT MOTORS COMPANY This warranty applies only to original Peterbilt factory equipment. In accordance with the terms on the reverse, Peterbilt Motors Company will pay warranty claims for defective material or workmanship within the following maximum limits in time or mileage, whichever occurs first. The defective condition must be brought to the attention of an authorized Peterbilt dealer within 30 days of discovery. F3raEi ic 'A? k i , ?.%? - This coverage applies to the basic highway vehicle, except for additional coverages and 12 Months Unlimited Mileage warranty exclusions below. f.' -%Yi? - Cab, Hood, Sleeper Paint - Frame Paint - Black Only - Frame Paint -All colors other than black - Frame Paint - Logger, Mixer, Dump, Refuse, Oil Field and Construction applications Major &: cm poi !e? ri b% - Eaton, Meritor and Dana Spicer front axle, beam, spindles, kingpin, and kingpin bushings. - Eaton, Meritor and Dana Spicer rear axle, differential assemMy, axle shafts, axle housing. - Eaton Auto Shift - Manual transmissions, gears, shafts, case and bell housing. - Eaton and Meritor brakes, brackets, cam shafts, spiders and slack adjusters - Sheppard and TRW steering gears. 12 Months 12 Months 6 Months 3 Months 24 Months Fr'xteiidcd Frwic, SLioctur~ and Cab Corro~:c;~'- - Frame rails, gussets, crossmembers and A-Braces - Cab, hood and sleeper perforation caused by corrosion from wlthin This warranty does - Structural components of the cab, hood and sleeper (hood half-fenders) 36 Months not apply to corrosion caused by damage to a cab panel or to finish paint Other Coversgos - GNB Batteries - Gaskets, Seals - Alma Wheels Coverage is 100% parts only, for 5 years from date of manufacture 12 Months 12 Months 60 Months %j"'@Bf$ K&rlg;@e 5.: y c; :,de - All Peterbilt installed components except as excluded below. Severe service vehicles are 12 Months those operated 10% or more on class "C" or "D roads. Unlimited Mileage Unlimited Mileage Unlimited Mileage Unlimited Mileage Unlimited Mileage Unlimited Mileage Unlimited Mileage 50,000 Miles Unlimited Mileage 50,000 Miles ~~~~~~r~~~~~ Exc!usion!s - The following components are warranted directly to you by their respective manufacturer, and are not warranted by Peterbilt Motors Company: Engine and Engine Manufacturer's Accessories, Engine Brake (except PacBrake), Automatic Transmission. Tires, Tubes, Fifth Wheel, Pintle hooks, Hitch, Meels and Batteries not listed above. - Peterbitt does not warrant antifreeze, lubricants, bulbs, fuses, filters, mud flaps, reflectors, winter fronts, wiper nozzles or wiper blades. Trade accessories such as fire extinguishers, chains, emergency kits and tools are not warranted. - Peterbilt is not responsible for storage deterioration, wear, and changes in adjustment resulting from normal service. This includes brake and clutch linings, drive belts, wheel balance and axle alignments or upholstery. - Peterbilt does not warrant metallic chassis (frame) paint. Peterbilt is not responsible for paint chipping or fading, peeling from frame bolts relating to maintenance, or paint peeling from road chemical damage. - Damage due to accident, misuse, negligence, improper or inadequate maintenance, or unauthorized modification is not warranted. Failure of replacement parts used to repair above conditions are not warrantable. - Vibrations, squeaks, loose Mtings and hose leaks, unusual noises, rattles, loose nutdbolts and hose and electrical connections can develop during the early shakedown trips of the vehicle. Up to 20,000 miles, but no later than 90 days after date of delivery, the necessary adjustments will be made without charge, Such developments after this period are usually the result of use and are not warrantable items. - Peterbilt is not responsible for damage resulting from engine horsepowerltorque upgrades CAT NO. 4984 (R4M)) Page 1 of 1 4 10 13 3 -642 1 5-0 120 PALM PETERBILT-GMC TRUCKS, INC. VARIANCE DETAIL PAGE City of Palm Beach Gardens Bid # 2005-004 TIRES: Requested tire size 385165R22.5 are not available on a 14,6001b front axle due to clearance and turning restrictions. I provided 3 1 Y80R22.5 18ply front tires which meet front axle weight ratings, clearance and turning requirements. Sincerely, &@& Eric Hbndlon Fleet & Municiple Sales Fort Pierce Office 5750 Orange Avenue, Fort Pierce, K 34947-1 546 (772) 489-2300 Corporate Office Fort Myers Office 2508 Rockfill Road. Fort Myers. FL 33916-4824 (941) 337-0101 GMl 2441 S. State Rd. 7 (441), Fort Lauderdalc, FL 33317-6999 (954) 584-3200 http://www.palrntruckrv.com 4 * . OPTIONAL EQUIPMENT LIST City of Palm Beach Gardens Bid # 2005-004 ENGINE Cumins 240hp Caterpillar 2 1 Ohp FRONT AXLE Dana 10,000 lb Dana 12,000 Ib REARAXLE Dana 23,000 Single Axle Dana 2 1,000 Single Axle SUSPENSION Peterbilt Air Trac 23,000 lb Peterbilt Air Trac 2 1,000 lb CAE3 Air ride drivers seat Tilt Steeing Wheel Crew Cab Daytime Running Lights EXTENDED WARRANTY Basic 2 year/ 300,000 miles A/C 3year/200,000 miles Curnrnins 5 year/ 300,000 miles Subtract $ 500.00 Subtract $ 1,000.00 Subtract $ 400.00 No Charge Subtract $ 1,200.00 Subtract $ 1,400.00 No Charge No Charge No Charge Add $ 250.00 Add $ 8,500.00 Add $ 76.00 Add $ 1,850.00 Add $ 550.00 Add $ 1,500.00 Fort Myers Office 2508 Rockfill Road. Fort Myers. FL 33916-4824 Fort Pierce Office 5750 Orange Avenue, Fort Pierce, FL 34947-1546 (772) 489-2300 Corporate Office (941) 317-0101 GMC 2441 S. State Rd. 7 (441), Fort Lauderdale, FL 33317-6999 (954) 584-3200 h t t p : //w w w. pal rn t r uc k r v.c om CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 20,2005 Meeting Date: May 19,2005 Resolution 64,2005 SubjecffAgenda Item: Frenchman’s Reserve Pod C Plat [XI Recommendation to APPROVE I ] Recommendation to DENY ~ Reviewed by: rlrl. City Attorney Submitted by: Judy A. Taylor Dye Assistant City Engineer +t ,$A Y.pL=’, I,? c <-‘ Approved by: Ron Ferri --*-e+ Originating Dept.: Engineering Judy A. Taylor Dye Assistant City Engineer ~ )yyf f.?zp, 12 $p - _____~ Advertised: Date: Paper: [ X ] Not Required Affected parties [X ] Notified [ ] Not required 2osts: $ NIA (Total) $ NIA Current FY Funding Source: [ ] Operating [XI Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attach men ts: Resolution 64,2005 [ ]None Page 2 of 2 Date Prepared: April 20,2005 Meeting Date: May 19,2005 Resolution 64,2005 STAFF RECOMMENDATION The plat of Frenchman’s Reserve Pod C includes the platting of a residential pod within Frenchman’s Reserve located east Alternate A1 A and south of Hood Road more specifically east of Montant Drive, west of Savoie Drive and north of Grande Corniche. Staff recommends approval of Resolution 64,2005. C:\Documents and Settings\clevy\Local Settings\Temporary Internet Files\OLK45F3\4374p Agenda Cover Memorandum.doc Date Prepared: April 20,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 64,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING FRENCHMAN’S RESERVE POD C PLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed Frenchman’s Reserve Pod C 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, Florida Statutes, and recommends approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Frenchman’s Reserve Pod C Plat consisting of three (3) sheets, prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit “A.” SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: April 20,2005 Resolution 64, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Joseph R. Russo, Mayor BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COU NCI LM EMB ER LEVY COUNCILMEMBERVALECHE COUNCILMEMBERBARNETT AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\PLAT - frenchmans reserve pod c - reso 64 2005.doc 2 EXHIBIT A Date Prepared: April 20, 2005 Resolution 64.2005 5-i I 88 zz 0 m ;o -I n 5 D -I 8 z - V 5 P rn MATCH LINE SEE SHEET 3 OF 3 cn I m m --I 0 0 7 w I v) I m m 4 0 0 n 0 v) I m m -I h) 0 n 0 M 1 f CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Reviewed by: 1 Preparation Date: April 22,2005 Meeting Date: May 19,2005 Resolution: 66, 2005 Originating Dept.: Community Services SubjecVAgenda Item: Consideration of Approval: Resolution 66, 2005 reappointing Mr. Kevin M. Wagner to serve as Code Enforcement Special Magistrate for two (2) years and authorizing the Mayor and City Council to execute an agreement with Mr. Kevin M. Wagner. [XI Recommendation to APPROVE I ] Recommendation to DENY Finance dode Enforcement Supervisor. Advertised: Date: Paper: [XI Not Required Department Director 1 Affected parties [ ] Notified \ mn! [ X ] Not required Costs: $4800.00 (Total) $1 608.00 Current FY Funding Source: [ ] Operating [XI Other - Professional Services Budget Acct.#: 001.1430.524.3150 Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attach men ts: 1. Resolution 66, 2005 2. Agreement [ ]None Preparation Date: April 22, 2005 Meeting Date: May 19,2005 Resolution: 66, 2005 FISCAL YEAR 10/01/04 to present 1 010 1 /03 to 9/30/04 10/01/02 to 09/30/03 10/01 /01 to 09130102 10/01/00 to 09/30/01 BACKGROUND: TOTAL HOURS BILLED $1 608.00 14.0 $1 740.00 14.5 $4,368.00 36.4 $31 87.00 26.5 $4680.00 39.0 On June 1,2000, the City adopted Ordinance 12,2000, which amended Chapter 2 of the City’s Code of Ordinances entitled “Administration,” Article IV entitled “Code Enforcement,” by providing for Code Enforcement proceedings to be conducted by a Special Magistrate. Mr. Kevin M. Wagner, the former Chairperson of the Code Enforcement Board, served as a volunteer Special Master since the adoption of Ordinance 12, 2000. On December 7, 2000, the City adopted Resolution 117, 2000, which approved the appointment of Mr. Wagner as Interim Special Master for one year. On February 7, 2002, the City adopted Resolution IO, 2002, which approved the appointment of Mr. Wagner as Code Enforcement Special Master (CESM) for two (2) years . Council adopted Resolution 106, 2004 on May 20, 2004 extending the contract between the City and Mr. Wagner for one (1) year. The Governor signed SB192 amending sections 162.03, 162.06 and 162.09 changing the title of Special Masters to Special Magistrates on April 6,2004. This change in no way affects the responsibilities and duties regarding the ability to adjudicate Code violations. SB 192 became effective on July 1,2004. COST: A total of $4800.00 was approved in the budget for the current fiscal year for the CESM services based on the assumption of two (2) hours for case preparation, adjudication order execution and annual workshop with staff at the rate of $120.00 per hour. The following figures represent the hours billed for the preparation for each CESM hearing, case adjudication, execution of all orders and findings of fact and annual workshops with Code Enforcement Staff for fiscal years 2000 to the present. c STAFF RECOMMENDATION: Staff recommends that Council adopt Resolution 66, 2005. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 66,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REAPPOINTING KEVIN M. WAGNER TO SERVE AS CODE ENFORCEMENT SPECIAL MAGISTRATE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KEVIN M. WAGNER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-21 1 of the City’s Code of Ordinances provides that the City Council shall appoint a Code Enforcement Special Magistrate by a majority vote; and WHEREAS, Mr. Kevin M. Wagner has served as Code Enforcement Special Magistrate since December 7, 2000; and WHEREAS, the Code Enforcement Supervisor has recommended that Mr. Kevin M. Wagner be reappointed to serve in this capacity on a permanent basis and that the City enter into an agreement with Mr. Kevin M. Wagner; and WHEREAS, such agreement has been prepared and is attached hereto; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby reappoints Mr. Kevin M. Wagner to serve as Code Enforcement Special Magistrate. The City Council further authorizes the Mayor and City Clerk to execute an agreement with Mr. Kevin M. Wagner, a copy of which is attached hereto. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: April 20,2005 Resolution 66, 2005 PASSED AND ADOPTED this day of , 2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FF IC1 E N CY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT AYE NAY ABSENT -- 46 47 G:\attorney-share\RESOLUTlONS\special magistrate - reso 66 2005.doc 2 AGREEMENT THIS AGREEMENT is made and entered into this day of I 2005, by and between the CITY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of the State of Florida (“City”), and KEVIN M. WAGNER (“Wagner”), individually. WITNESSETH: WHEREAS, the City wishes to retain the services of Wagner to serve as the City’s Code Enforcement Special Magistrate. NOW, THEREFORE, in consideration of the promises, mutual covenants, conditions, provisions, and undertakings herein contained, and for other good and valuable consideration, the parties do mutually covenant and agree with each other as follows: SECTION 1. DUTIES A. Wagner shall serve as the City’s Code Enforcement Special Magistrate at all scheduled Code Enforcement hearings in accordance with Chapter 2, Article IV, Division 1 of the City’s Code of Ordinances and shall devote such time as is necessary to perform the duties therein. B. Wagner shall exercise all authority granted by Section 2-213 of the City’s Code of Ordinances. SECTION 2. TERMS AND TERMINATION A. This Agreement shall remain in effect for a period of two (2) years, unless terminated earlier. B. This Agreement may be terminated at any time by either party, for any or no reason, by serving notice on the other party in accordance with Section 5 herein. Such notice shall be effective on the day it is delivered or mailed. C. In the event of termination, Wagner will be compensated for all services actually performed prior to the date of termination. SECTION 3. INDEPENDENT CONTRACTOR A. The parties acknowledge and agree that the City is retaining Wagner as an independent contractor, and Wagner shall not, for any purpose, be considered a City employee. The parties stipulate that this Agreement is not an employment contract and does not create an employer/employee or principaVagent relationship, nor will such a relationship be created by reason of Wagner’s performance of the services herein specified. B. Wagner is responsible for providing a professional service, and Wagner will be solely responsible for all payroll taxes, including, but not limited to, federal income tax, FICA, and federal and state unemployment taxes. Wagner will be responsible for the filing of an IRS Form 1099 and the payment of applicable self-employment taxes. SECTION 4. COMPENSATION A. As compensation for performing the services contemplated by this Agreement, the City will pay Wagner the sum of $120.00 for each hour worked. B. The City shall pay Wagner on a monthly basis, upon receipt of an invoice detailing all services performed and the amount of time expended to the nearest one-tenth (1/10) of an hour. SECTION 5. NOTICES A. All written notices required under, or contemplated by, this Agreement shall be hand delivered, telecommunicated, or mailed by certified mail, return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager As to Wagner: Kevin M. Wagner 10168 Siena Oaks Circle East Palm Beach Gardens, Florida 33410 2 SECTION 6. GENERAL PROVISIONS A. This Agreement shall constitute the entire understanding between the parties and shall be modified and amended only in writing and executed with the same formalities as the original. B. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. C. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF PALM BEACH GARDENS By: Joseph R. Russo, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY By: J Cxstine P. Tatum, City Attorney WITNESS: KEVIN M. WAGNER By: By: By: Glattorney-shareWGREEMENTSkpecia1 master agreement 2005.doc 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 5,2005 Meeting Date: May 19,2005 Resolution: 74, 2005 Su bjectlAgenda Item: Amending the Fees and Charges Schedule for non-resident fees related to the pool facilities to be effective May 28, 2005. [ X ] Recommendation to APPROVE 11 Recommendation to DENY Reviewed by: City Attorney d Finan e mi istrator & Department Director Approved by: Originating Dept.: Charlotte Presensky Director Advertised: Date: Paper: [ 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 wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 74, 2005 Exhibit A - Proposed amendment to Fees and Charges Schedule [ ]None Date Prepared: May 5,2005 Meeting Date: May 19, 2005 Resolution: 74, 2005 BACKGROUND: Annually during the budget adoption process, the City Council approves the Master Fee and Charges Schedule. At the time of adoption for the 2005 schedule, the plans for the pool expansion were in the planning stage so staff was not able to ascertain the timing of construction and estimate the impact of the expansion. The approved fee schedule for 2005 reflected the same rates as previous years for pool admission and usage fees. We are nearing the completion of construction and anticipate the opening of the facility to be Memorial Day Weekend, 2005. The expansion has gained significant attention from resident and non-residents alike. When complete, the facility will host a wide range of activities that will attract people from all of the north county area. Because of the anticipated attraction and the commitment set by City Council to access non- residents, staff proposes that the entry fee to use the pool facility and other related fees be increased. Staff conducted a fee survey of pool facilities throughout Palm Beach County. In general the findings were: County Facilities - do not charge a non-resident fee. Municipal Facilities - charge a non-resident rate between $3 and $6. Due to the attractive nature of the facilities provided at the Gardens Aquatic Complex, the proposed fee would increase from $2 for children and $3 for adults to $5 for any age. This is within the range of the other municipal pool facilities. The proposed fee change also includes amending the non-resident youth camp rate from $2 to $3. This is the rate charged to daycare facilities and schools outside of the city limits. STAFF RECOMMENDATION: Approve Resolution 27,2005 amending the Fees and Charges Schedule for non-resident fees related to the pool facilities. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 74,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REVISING THE USE OF AQUATIC FACILITIES FOR FISCAL YEAR 2004/2005; AND PROVIDING AN EFFECTIVE DATE. SCHEDULE OF FEES AND CHARGES FOR NON-RESIDENT WHEREAS, the City Council of the City of Palm Beach Gardens desires to revise the schedule of fees and charges relating to non-resident pool admissions and related pool fees rendered for the citizens of the City of Palm Beach Gardens and for other members of the public; and WHEREAS, the City Council desires to make certain that the schedule of fees and charges is available for inspection so that any member of the public may be aware of the cost of each and every service provided by the City of Palm Beach Gardens; and WHEREAS, the City Council has deemed 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 recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves the revised schedule of fees and charges attached hereto as Exhibit “A.” SECTION 3. This Resolution shall become effective May 28, 2005. (The remainder of this page left intentionally blank) Date Prepared: May 4, 2005 Resolution 74,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY --- --- --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- GAattorney-share\RESOLUTlONS\fee schedule update-pool - reso 74 2005.doc 2 Date Prepared: May 5,2005 Meeting Date: May 19, 2005 Resolution: 74, 2005 EXHIBIT “A” PROPOSED AMENDMENT TO FEES AND CHARGES SCHEDULE Tournament or Special Event Rental Fees Facility Rental Light Fee Staffing Fee Athletic Field - $2001 10 hour day; $20/hourlfield $20/hourlfield - baseball, football, soccer $20leach additional Required for duration of hourlda y event Hockey Rink $2001 10 hour day; $2 Olhourlrink Recreation Staff (indoor $2Olhour each additional hourlday duration of event $20 Gymnasium - $3001 10 hour day; NIA per hour, after normal basketball, volleyball $20kour each additional business hours, two staff events only) required for hourlday will be required Park Pavilion Rental Fees PGA National Park & Oaks Park* Resident No Charge Non-resident and/or 50 or more guests !h day - $75 Full day - $125 Two pavilionshll day - $175 Parks Support Staff - required for 50 or more people $20 per hour for the duration of event *A $100 damage deposit is required for any of the pavilion rentals. Aquatic Facility General Admission Fees Ages 12 and under Resident: $1.00 Non - Resident: $24@$5.00 Ages 13 and over Resident: $2.00 Non-Resident: KMx3-$5.00 7 Youth Camp Rate Resident Non-Resident $1 .OO per person on deck (1 counselor free with every 10 youths) $3.00 per person on deck (1 counselor free with every 10 vouths) Aquatic Facility Annual Permit Passes Resident Only - 12 and under $80 $160 $400 Resident Only - 13 and older Resident Only - Family (parents & guardian living in the same household) *rates will be prorated 6 months into the fiscal year to half Aquatic Facility Prior/After Hours Rental Rates First (1”) hour Resident $60 Non-resident $100 0 Resident $30 Each additional hour Non-Resident I $70 Each lifeguard - number of staff required to be I $20/hour determined by the City - Minimum of two Rental Participant Rate Group Lane Rental Per Lane $1 .OO per person on deck Resident $25 Non-Resident $30 CI$Y OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 29,2005 Meeting Date: May 19,2005 Ordinance 14,2005 & Resolution 48,2005 SubjecUAgenda Item: Ordinance 14,2005 & Resolution 48,2005: Southampton PUD (Parcel 31.02) First Reading: A request by Troy Holloway of Gentile, Holloway, O’Mahoney, & Associates Inc., on behalf of Palm Beach Gardens Limited Partnership, for a rezoning from Planned Development Area (PDA) to Residential Medium (RM) with a Planned Unit Development (PUD) Overlay to construct 245 townhouse units on an approximately 38.5-acre site, at a density of 6.36 dwelling units per acre. The proposed Southampton PUD is located at the northeast comer of Central Boulevard and PGA Boulevard. [XI Recommendation to APPROVE with five waivers [ ] Recommendation to DENY Reviewed by: Planning Manager Tala1 Benothman, AkP Christine Tatu Development Compliance AICP Growth Management Administrator Charles K. Wu, AICP + Approved By: Sensiik9, City Manager Originating Dept.: Growth Management: Manager Brad Wiseman Senior Planner [XI Quasi - Judicial [ 3 Legislative [ 3 PublicHearing Advertised: [XI Not Required Date: NIA Paper: N/A Affected parties: [ ]Notified [XI Not Required FINANCE: Costs: $-NIA Total s- NIA Current FY Funding Source: [ ] Operating [XI Other NA Budget Acct.#: NA City Council Action: [ ]Approved [ ] App. wl conditions [ 3 Denied [ 3 Rec. approval [ 3 Rec. app. wl conds. [ 3 Rec. Denial [ 3 Continued to: Attachments: Resident Comments Reduced Plans Ordinance 14,2005 Resolution 48,2005 Date Prepared: April 29,2005 Meeting Date: May 19,2005 Ordinance 14,2005 & Resolution 48,2005 EXECUTIVE SUMMARY The subject petition is a residential Planned Unit Development (PUD) request for Parcel 31.02, which is located at the northeast comer of PGA Boulevard and Central Boulevard. The proposed Southampton PUD consists of 202 three-story townhouse units, 43 two-story townhouse units, a gatehouse, and a clubhouse, on an approximately 38.5-acre site. On January 25, 2005, the Planning, Zoning, and Appeals Board voted 5-2 to recommend approval of the subject petition to the City Council. Staff recommends approval of Ordinance 14, 2005 and Resolution 48, 2005 with the five waivers and conditions provided therein. The City Council continued the subject petition from April 21, 2005, and directed the applicant to meet with the residents of Bent Tree and staff to resolve the residents’ concerns prior to the May 19,2005, City Council meeting. BACKGROUND The subject site is a vacant parcel of unimproved land and is surrounded by residential on the north and east sides, Central Boulevard to the west, and PGA Boulevard to the south. To the north of the subject site is the Bent Tree Planned Unit Development (PUD), which is comprised of one and two-story single-family dwelling units. To the east of the subject site is the Gardens of Woodberry, which consists of one-story multi-family dwelling units. The proposed Southampton Planned Unit Development (PUD) consists of 245 two and three- story townhouse units on an approximately 38.5-acre site, at a density of 6.36 dwelling units per acre. This project has been designed utilizing the Traditional Neighborhood Design concept, which provides for rear loaded garages accessed by alleys; covered front porches adjacent to passive parks and lakes; and on-street parallel parking. LAND USE & ZONING The subject site has Future Land-Use and Vision Map designations of Residential Medium (RM) and has a zoning designation of Planned Development Area (PDA). The PDA zoning designation is defined by the Land Development Regulations as “large tracts of land that are established as holding zones until applications for development order approval are submitted.” The applicant is requesting to rezone the subject site to a Planned Unit Development (PUD) Overlay with an underlying zoning designation of Residential Medium (RM), which will permit a maximum density of nine dwelling units per acre. FORBEARANCE AGREEMENT The Southampton PUD is subject to the density limit set forth in the Forbearance Agreement between developers and the City, which stipulates a maximum density of nine dwelling units per acre for the subject site. The applicant is proposing 6.36 dwelling units per acre and is therefore in compliance with the Forbearance Agreement. 2 Date Prepared: April 29,2005 Meeting Date: May 19,2005 Ordinance 14,2005 & Resolution 48,2005 CONCURRENCY Traffic The proposed project received conditional traffic concurrency certification on May 25, 2004, with a build-out-date of December 31, 2005. Traffic concurrency approval is contingent upon several conditions that will be incorporated into the approving resolution. School The applicant received school concurrency certification from the School District of Palm Beach County for the proposed project on November 1,2004. Parks & Recreation Policy 7.1.4.2 of the City’s Comprehensive Plan requires applicants to set aside 600 square feet per dwelling unit for public parks and recreation; or to submit money in-lieu of land dedication, subject to City Council approval. The applicant is proposing money in-lieu of land dedication, which is consistent with the City’s impact fee collection system. This will ensure that the existing Levels of Service (LOS) for public parks is maintained. Solid Waste The Solid Waste Authority (SWA) has certified that disposal capacity is available to accommodate solid waste generation from the proposed project. PROJECT DETAILS Site Access The only entrance to the PUD is proposed off of Central Boulevard, which also serves as the primary exit from the site. Vehicles may enter the site after receiving security clearance from the guard house and passing through the gates. At staffs request, the applicant is proposing a median cut on Central Boulevard to provide motorists with the ability to make left-hand turns when entering and exiting the project. The applicant is in the process of obtaining approval for the proposed median cut from Palm Beach County. A right-turn only egress point is proposed at the southeastern comer of the site, which will be utilized by residents and guests exiting onto PGA Boulevard. This egress only point for residents and visitors will also allow emergency vehicles a secondary entrance to the site. Site Plan & Design - The majority of the homes on-site are designed utilizing rear-loaded garages, which are accessed by alleys in the rear of the homes. This Traditional Neighborhood Design concept provides for a pedestrian friendly streetscape in the front of the homes. Pedestrian paths, with connecting brick paver crosswalks in vehicular use areas, are provided throughout the project and allow residents 3 Date Prepared: April 29, 2005 Meeting Date: May 19, 2005 Ordinance 14,2005 & Resolution 48,2005 safe access to all interest points within the PUD. These pedestrian paths also include several gazebos, benches, and waste receptacles. The site incorporates four passive parks, which are referred to as “green parks” on the site plan. Each of these parks is centrally located within the neighborhoods and may be accessed by 5-foot wide pedestrian paths. Several homes in the project abut these passive parks. The applicant is also proposing fountains within the three lakes on-site and surrounding 6-foot wide pedestrian paths. Similar to the placement of the “green parks,” these lakes have been designed as focal points for the PUD. One lake is centrally located, which is adjacent to the project entrance. The other two lakes are located between abutting neighborhoods in addition to their primary function, with one lake in the northern portion of the PUD and the other in the south. Several townhouse units abut these lakes and pedestrian access may be achieved through the use of pedestrian paths. In addition to the passive parks, an amenity parcel has been provided immediately east of the central lake. This amenities parcel consists of a clubhouse, pool, and tot lot. The clubhouse will be utilized for resident needs, such as party and meeting space as well as the common mail room. Town houses The proposed Southampton PUD consists of four townhouse models. Two models are two stories high and two models are three stories high. All models have three bedrooms and two-car garages. The following is a breakdown of the characteristics of each model type: Unit A Unit B Unit C 3 Stories 3 Stories 2 Stories 1,943 sq. ft. 1,887 sq. ft. 2,540 sq. ft. Rear Loaded Rear Loaded Front Loaded Front Loaded Garage 1 half bathroom I Architecture A tower feature with an adjoining second-story balcony frame the entry to several of the three- story units, which create a covered front porch for the first story. The front porch and entryway are further accented by decorative bricks or a spiral column. The second story porches for the three-story models incorporate a pronounced Spanish tile roof. The two-story models also incorporate a pronounced Spanish tile roof below the second story, which provides a covered porch for the first floor. The front elevations of the townhouses include large windows with ledges on the first, second, third stories, and smaller oval or square shaped decorative windows on the third-story. All large windows have either horizontal or vertical faux shutters. The Spanish tile, which is khaki in color, is the roof material utilized for all buildings in the project. All 4 Date Prepared: April 29,2005 Meeting Date: May 19,2005 Ordinance 14,2005 & Resolution 48,2005 balconies incorporate an iron railing. The proposed Southampton PUD incorporates three distinct color schemes for the townhouses. The first color scheme incorporates a soft yellow (Enjoyable Yellow) for the lower body; a light brown (Folksy Gold) for the upper body and garage doors; a dull white (Vanillin) for the trim; and a dark off-green (Sheraton Sage) for the doors. The second color scheme incorporates a greenish beige (Wheat Grass) for the lower body; a beige (Birdseye Maple) for the upper body and garage doors; a dark gold (Honeycomb) for the doors; and a dull white (Vanillin) for the trim. The third color scheme provides a yellowish white (Inviting Ivory) for the lower body; a gold-beige (Harvester) color for the upper body and garage doors; a dull white (Vanillin) for the trim; and a reddish clay (Red Cent) for the doors. The guardhouse and clubhouse buildings incorporate the same architectural features as the residential buildings. Both buildings utilize the same roof tile, windows, and architectural accents as the townhouse buildings. The guardhouse and clubhouse will utilize color scheme number 1, which is included above. Landscaping & Buffering The subject site is buffered to the north by a 100-foot wide landscape buffer, a 100-foot wide recreated preserve, and a 100-foot wide upland preserve. A 100-foot wide upland preserve buffers the site to the east. As required by City Code Section 78-221, a 55-foot wide landscape buffer has been provided along PGA Boulevard, adjacent to the existing meandering sidewalk. According to City Code Section 78-231, a 90-foot wide landscape buffer is required and has been provided along Central Boulevard. Each landscape buffer is heavily landscaped with various groundcovers and trees. The trees that will be utilized are Live Oaks, Laurel Oaks, Slash Pines, Magnolias, Green Buttonwoods, Palatka Holly trees, Washington Palms, Cabbage Palms, Pygmy Date Palms, and Alexander Palms. Shrubs and groundcovers include Cocoplums, Indian Hawthorn, Hibiscus, Foxtail Ferns, Pink Ixora, and Silver Buttonwoods. Each townhouse building has foundation landscaping on all four sides, which includes specimen trees such as Live Oaks and Washington Palms. Other plantings include Magnolias, Red Tip Cocoplums, and Crotons. Live Oaks have also been provided adjacent to all major roads and pedestrian paths, within green parks, and at the project’s entrance. Live Oaks, once fully mature, will provide a shade canopy throughout the Southampton PUD. City Code Section 78-314 requires 77,656 landscape points; whereas the applicant has provided 87,32 1 landscape points. Preserve City Code Section 78-250, requires developments to preserve 25% of the environmentally significant lands located on-site. The subject site contains 18.54 acres of environmentally significant uplands on-site, thus requiring at least 4.64 acres to be preserved. The applicant is proposing 4.65 acres of upland preserves on-site. These upland preserves, such as pine flat woods, are provided adjacent to the north, south, and east property lines. City Code Section 78- 250 also requires a minimum preserve width of 100 feet. All the required preserves maintain the 1 00-foot width requirement. The City’s environmental consultant has verified the applicant’s 5 Date Prepared: April 29,2005 Meeting Date: May 19,2005 Ordinance 14,2005 & Resolution 48,2005 environmental assessment and on-site preserve requirements. Parkinx Required parking is calculated at one space per bedroom plus 5% for guest parking. Therefore, the required parking for the PUD is 772 spaces (735 bedrooms + 37 spaces for guest parking). The applicant is proposing 826 total parking spaces (two garage spaces and one driveway space per unit; and 91 guest parking spaces). City Code Section 78-345 requires a parking space width of 10 feet; whereas the applicant is requesting a parking space width of nine feet for all guest parking. According to City Code Section 78-344, the applicant must reflect 1.5 additional square feet of open space per each square-foot of reduced parking area (Please see waiver section). The applicant is also requesting a waiver from City Code Section 78-341, Intent, which does not provide for on-street parking. The applicant is requesting to provide 54 on-street parallel parking spaces for guests (Please see waiver section). These 54 guest parking spaces are located adjacent to the central lake and along Southampton Drive. These on-street parking spaces have been reviewed by the City Engineer and has raised no concerns. The remaining 37 guest parking spaces are equally distributed throughout the site, adjacent to the townhouse buildings. Sianaae The location of the entrance signs have been noted on the site and the landscape plans. City Code Section 78-285, allows one project identification sign per wall or entry at the main entrance. The applicant is requesting a waiver to allow for two entrance signs. The applicant is also requesting a waiver to allow a project identification column at the corner of Central Boulevard and PGA Boulevard (Please see waiver section). Dra inaae The proposed Southampton PUD is located within Basin 2D of the Northern Palm Beach County Improvement District (NPBCID) unit of development number two. The project will have a positive drainage system, which flows into on-site retention lakes that have a legal positive outfall to the NPBCID 2D canal. Site Lighting The applicant has provided staff with a photometric plan consistent with City Code Section 78- 182. The applicant is proposing 12-foot high pedestrian-scale light poles within the PGA and Central Boulevard buffers adjacent to the meandering sidewalks. Section 78-221: PGA Boulevard Corridor Overlav The proposed Southampton PUD is located within the PGA Boulevard Corridor Overlay and therefore, shall be developed as a PUD. The project is also required by the overlay to provide a 55-foot wide landscape buffer, which is reflected on the site plan. The overlay requires native 6 Date Prepared: April 29,2005 Meeting Date: May 19,2005 Ordinance 14,2005 & Resolution 48,2005 vegetation to be preserved as much as possible. The applicant is proposing upland preserves along the eastern and northern perimeters of the site. On-site tree preservation in other areas of the site will also be a priority. The proposed site currently has a 12-foot wide meandering sidewalk, which is required by the overlay. The PGA Boulevard Corridor Overlay, states that “new development shall preserve and enhance the existing visual character of the corridor.” The front elevations of the townhouse buildings front upon this corridor, which serve to engage PGA Boulevard. The front elevations of these buildings, with adjoining sidewalks, will further enhance the visual character of this corridor. Furthermore, the architectural style of these buildings is similar to the style of the PGA Commons Parcel 1 PUD, which is located across PGA Boulevard from the subject site. CPTED Comuliance The petitioner shall comply with the Crime Prevention Through Environmental Design (CPTED) principles recommended by the Police Department (Please see Resolution 48, 2005). 7 Date Prepared: April 29,2005 Meeting Date: May 19, 2005 Ordinance 14,2005 & Resolution 48,2005 Waivers The following six waivers are being requested for the Southampton PUD: 78-341 78-498 78-344 78-141 78-285 On-Street Parking is Not Provided For Marginal Access Roads Shall Have Two 10’ Lanes with a 2’ curb on each side All Parking Spaces Shall be a Minimum of 10’ Wide Building Height Shall Be the Lesser of 2 Stories or 36’ 1 Entry Sign Wall 54 On-Street Parallel Parking Spaces All Marginal Access Roads (Rear Alleys) to have 9’ lanes with a 1 ’ curb on each side 91 Spaces at 9’ Wide 37 Townhouse Buildings (202 units) are 3 Stones High (the remaining 8 buildings consisting of 43 units are 2 Stories High) 2 Entry Sign Walls 54 On-Street Parallel Parking Spaces 1 ’ for each lane & 1’ for each curb 18.5’ Square-Foot Reduction Per Space 1 story 2 Entry Signs (1) Approval (2) Approval (3) Approval (4) Approval (5) Approval 1) The applicant is requesting a waiver from City Code Section 78-341, Intent, to allow for on- street parking and reduced off-street stacking distance. The City Code does not provide for on-street parking. A waiver from City Code Section 78-341 is required to permit on-street parking within the site. On-street parallel parking adjacent to the central lake and along Southampton Drive is a critical element of the project’s Traditional Neighborhood Design. This waiver is consistent with previous City Council approvals such as the Legacy Place Planned Community Development (PCD), Evergrene PCD, Gables PCD, and the Magnolia Bay PUD. Staffrecommends approval. 8 Date Prepared: April 29,2005 Meeting Date: May 19, 2005 Ordinance 14,2005 & Resolution 48,2005 2) The applicant is requesting a waiver from City Code Section 78-498, Road Surfacing Improvements, to allow for rear alleys adjacent to the townhouse buildings to utilize nine- foot wide lanes with one-foot wide curbs. The City’s Fire Department did not raise any safety concerns with this request and this waiver hrther enhances the unique design of the PUD . Staff recommends approval. 3) The applicant is requesting a waiver from City Code Section 78-344, Construction and Maintenance, to allow for 91, nine-foot wide parking spaces. Section 78-344 (2) requires the applicant to provide 1.5 additional square feet of open space per each square foot of parking area that is being reduced through the use of smaller spaces. The additional open space requirement for this site is 2,525 square feet (54 + 37 = 91 x 18.5 = 1,683 x 1.5 = 2,525). The Southampton PUD provides for approximately 379,829 additional square feet of open space. Staffrecommends approval. 4) The applicant is requesting a waiver from City Code Section 78-141, Residential Zoning Districts, to allow 37 townhouse buildings to be three stories high. This project is bounded by one- and two-story homes to the north (Bent Tree PUD) and one-story homes to the east (Gardens of Woodberry). The applicant has revised the plans to reflect two-story townhouses located along the eastern and northern perimeters of the subject site. Therefore, only townhouse buildings interior to the site, adjacent to PGA Boulevard, and Central Boulevard are three stories high. The actual heights of the three-story townhouse buildings (35’) maintain the 36-foot building height requirement. It is staffs professional opinion that this waiver will not negatively impact the surrounding area. Staffrecommends approval. 5) The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, to allow two “Southampton” signs on each of the two entry walls at the project’s entrance. The applicant states that this waiver will assist in framing the entrance to the development. This waiver is consistent with other City Council approvals such as the Mirasol PCD and the Evergrene PCD. Staffrecommends approval. COMMENTS FROM THE PUBLIC Staff has received several comments and requests from neighboring residents concerning the proposed Southampton PUD (letters from neighboring residents have been attached for your review). In summary, their concerns are as follows (stars responses are in italics): 1 .) The Bent Tree Homeowners Association (HOA) states that the proposed townhouse building height of three stories is not compatible with the surrounding area. The applicant has limited the townhouse buildings along the perimeters of the Bent Tree PUD and the Gardens of Woodberry to two stories. It is stars professional opinion that the proposed building heights are compatible with the surrounding area and will not negatively impact the abutting residential communities. 2.) The Bent Tree HOA states that all infill trees in the northern landscape buffer and preserves should be increased to a minimum height of 30 feet. It is stars professional opinion that requiring the applicant to plant 30-foot-tall trees within the northern landscape buffer and 9 Date Prepared: April 29,2005 Meeting Date: May 19, 2005 Ordinance 14,2005 & Resolution 48,2005 preserve is not feasible due to (1) the availability of 30-foot-tall trees; (2) the fact that the existing preserves already have a signlJicant amount of trees of this size and the planting of additional trees of the same height could cause harm to the existing vegetation; and (3) planting trees that are between 14-1 8 feet in height provides for better screening of the site from adjacent communities. At stafs request, the applicant has revised the plans to reflect an increase in height for 50% of all trees in buffers and recreated preserves to an equal share of 14, 16, and I8-ji00t high trees. 3.) The Southampton PUD does not propose a wall or fence around the perimeter of the project. The Bent Tree HOA states that this will result in a lack of privacy for their homes and increased noise within their community. Since the townhouse buildings of Southampton are over 180 feet away from Bent Tree, staffdoes not believe a wall is necessary. Furthermore, a dense landscape buffer and preserve area is proposed, which will adequately screen the adjoining Bent Tree PUD. Further, staff has included a condition of approval requiring all landscape buffers and preserves to be installed within six months from issuance of the first excavation and fill permit. 4.) The Bent Tree HOA is requesting that the developer install landscaping at the northern entrance of the utility easement adjacent to their community in order to screen the view of Southampton from Bent Tree. This easement has been angled in such a way that a direct view from Bent Tree to South Hampton would be impossible. Staff does not believe additional landscaping in this area is warranted. 5.) The Bent Tree HOA requests that the three lakes proposed in Southampton do not drain water from Bent Tree’s retention ponds or cause flooding in Bent Tree. The Southampton PUD shall conform to South Florida Water Management District (SF WMD), Northern Palm Beach County Improvement District (NPBCID), and City drainage criteria. The Southampton drainage system shall provide the required water quantity storage prior to discharge to the NPBCID 20 Canal to the north. The Southampton drainage system is not directly connected to the Bent Tree PUD drainage system and will not draw water from the Bent Tree lakes. The maintenance of each community’s drainage system is the responsibility of the applicable HOA. The proper maintenance of each drainage system insures the drainage function and jlood protection for both communities. It is also important to note that the Southampton PUD is not in ajlood zone. Furthermore, City staff has included a condition of approval requiring the applicant to remedy any drainage problems that may occur during construction. 6.) The Southampton PUD needs a median cut adjacent to the project’s Central Boulevard entrance or the main entrance should be relocated to PGA Boulevard. Without one or the other, motorists will depend entirely on the Bent Tree PUD median cut to access PGA Boulevard. Furthermore, the Bent Tree HOA requests that this median be installed prior to construction of the Southampton PUD. This median cut has been reflected on the site plan and staff has included a condition of approval requiring it to be installed prior to issuance of the first building permit. 7.) The Bent Tree HOA requests the applicant to install a “NO U-TURN” sign at the Bent Tree median cut on Central Boulevard prior to construction. Currently, u-turns are permitted at this location. Since a median cut is proposed at Southampton, staff does believe it is necessary to 10 Date Prepared: April 29,2005 Meeting Date: May 19,2005 Ordinance 14,2005 & Resolution 48,2005 prohibit U-turns at the Bent Tree median cut. Furthermore, Central Boulevard is a Palm Beach County road; therefore, the county is responsible for installing the necessary truffle signage. SUMMARY OF PLANNING, ZONING, AND APPEALS BOARD (PZAB) COMMENTS The Planning, Zoning, and Appeals Board reviewed the subject petition at a workshop on October 26, 2004, at a public hearing on January 25, 2005, and issued the following comments (stafs responses are in italics): 1.) The PZAB raised serious compatibility concerns with the height of the three-story townhouses located along the perimeters of the Gardens of Woodberry and the Bent Tree PUD. The PZAB recommended that the height of these townhouses be limited to two stories. The applicant has revised the plans to reflect two-story townhouses along the perimeters of the Gardens of Woodberry and the Bent Tree PUD. 2.) The PZAB commented that the applicant should consider providing two- and three-story townhouses throughout the PUD and limiting all townhouses adjacent to PGA Boulevard to two stories. The applicant has not revised the plans to reflect two-story townhouses in any location other than adjacent to the Bent Tree PUD and the Gardens of Woodberry. 3.) The PZAB raised a concern with the appearance of the townhouse’s rear elevations adjacent to PGA Boulevard. The PZAB commented that PGA Boulevard was the City’s main street and that architectural detail on the rear elevations needed to be present in order to reflect a positive impact on this corridor. The applicant has revised the plans to reflect the front elevations of the townhouses adjacent to PGA Boulevard in-lieu of the rear elevations. The front elevations provide for the most architectural detail and therefore will positively impact PGA Boulevard. 4.) The PZAB requested that the applicant redesign the geometry of the PGA Boulevard egress to force motorists to make right turns only. The applicant has revised all plans to reflect right turns only from this egress. 5.) The PZAB raised concerns with the waiver request to allow for 448 driveway parking spaces with a width of eight feet. The PZAB commented that the eight-foot wide parking spaces may not be large enough to adequately park two vehicles for the one-car garage units. The applicant has withdrawn this waiver request and has revised the plans to reflect a two-car garage, with two driveway apron spaces for each unit. 6.) The PZAB raised concerns regarding the distribution of guest parking. The PZAB stated that the guest parking is centralized around the perimeter of the lake and the townhouses located to the far north and south are isolated from any guest parking. The applicant has revised the plans to reflect additional guest parking spaces in close proximity to all townhouse buildings. 7.) The PZAB commented that accordion hurricane shutters should not be permitted because the aesthetics of the elevations will be negatively impacted. The PZAB recommended that hurricane impact resistant glass be used for all windows. Staff has included a condition of approval requiring hurricane impact resistant glass for all windows. 11 Date Prepared: April 29,2005 Meeting Date: May 19,2005 Ordinance 14,2005 & Resolution 48,2005 8.) The PZAB commented that the roof pitch on the bay windows is flatter than the roof pitch on the building’s roof. The PZAB recommended that the bay windows roof pitch follow that of the townhouse buildings. The applicant has revised the architectural elevations to reflect consistent roofpitches for the townhouse buildings and the bay windows. 9.) The PZAB commented that the architecture needed to be upgraded. Specifically, a break in the roof line was needed for the front elevations and enhanced architectural detail should be provided. The applicant has revised the architectural elevations to reflect two breaks in the front elevation j. roof line; larger balconies with decorative spiral columns; a larger, pronounced roof on the second floor balconies; and the removal of all front loaded garages for the three-story town houses. 10.) The PZAB requested the applicant to consider the installation of a privacy wall adjacent to the Bent Tree PUD. The applicant has not revised theplans in this regard. 11.) The PZAB requested that the applicant provide a rendering of the site that depicts the project’s appearance from PGA Boulevard. The applicant has submitted a rendering of the site from PGA Boulevard. 12.) The PZAB requested that the applicant revise the architectural elevations to reflect a break in the roof line for the townhouse buildings adjacent to PGA Boulevard. The applicant has revised the townhouse elevations adjacent to PGA Boulevard and Central Boulevard to reflect a gable roof in the center of the buildings. This gable roof provides a break in the roof line and positively impacts the aesthetics of these corridors. PZAB RECOMMENDATION On January 25, 2005, the PZAB voted 5-2 to recommend approval of the subject petition to the City Council. The dissenting votes were Mr. Dennis Solomon and Mr. Randolph Hansen. Mr. Solomon stated he dissented because of the architectural style of the townhouses and waiver requests; and Mr. Hansen stated he dissented because of the lack of architectural detail on the townhouses adjacent PGA Boulevard. Since this meeting, the applicant has increased the detail of the townhouses adjacent to PGA Boulevard and Central Boulevard by providing an additional break in the roof line. CITY COUNCIL The City Council reviewed Ordinance 14, 2005 and Resolution 48, 2005 at a first reading on April 21,2005. The City Council directed the applicant to work with the Bent Tree residents and staff to resolve their concerns and continued the first reading to May 19, 2005. During the meeting, the City Council also raised the following concerns: 1 .) The City Council was concerned with the compatibility of the proposed three-story town homes and the adjacent residential communities. 12 Date Prepared: April 29, 2005 Meeting Date: May 19,2005 Ordinance 14,2005 & Resolution 48,2005 2.) The City Council requested the applicant to consider making the PGA Boulevard exit- only into a full entrance. 3.) The City Council requested the applicant to revise the plans to reflect sidewalks connecting the Southampton PUD to the 12-foot meandering sidewalk adjacent to PGA Boulevard. 4.) The City Council raised concerns with the architecture of the proposed townhouse buildings. 5.) The City Council requested that the applicant provide greater justification for the waivers at the next meeting. The applicant is in the process of addressing the above noted comments prior to the May lgth City Council meeting. STAFF RECOMMENDATION Staff recommends approval of Ordinance 14,2005 and Resolution 48,2005 with the five waivers and conditions provided therein. 13 Date Prepared: April 29, 2005 Meeting Date: May 19,2005 Ordinance 14,2005 & Resolution 48,2005 North Bent Tree PUD South West East Gardens of Woodberry Planned Development Area (PDA) Planned Unit Development (PUD) Residential Low Density-2 (RL-2) PGA Boulevard Central Boulevard Residential Medium (RM) Residential Medium (RM) Residential Medium (RM) Residential Medium (RM) 14 Site = Minimum PUD Development Size for Properties South of Donald Ross Road & Between Central Boulevard & Alternate AIA: None I Maximum Density: 9 Dwelling Units Per Acre Minimum Open Space: 40% Maximum Building Height: The Lesser of Two Stories or 36 feet Landscape Buffers: North: 8 feet South: 55 feet East: 8 feet West: 90 feet Parking Required: 772 Spaces Date Prepared: April 29,2005 Meeting Date: May 19,2005 Ordinance 14,2005 & Resolution 48,2005 38.5 Acres Yes 6.36 Dwelling Units Per Acre Yes 62.7% Yes 35 feet, Three Stories No, Waiver Requested for Three- Story Townhouses North: 137 feet South: 55 feet East: 100 feet West: 90feet Yes 826 spaces Yes 15 BENTTREE Propertv Owners Association Palm Beach Gardens, FL 33418 December 22,2004 Mr. Brad Wiseman Project Manager 10500 N. Military Trail Palm Beach Gardens, F1.33410 Re: Town & Country Homes “Southampton” Development, Parcel 3 1.02 Dear Mr. Wiseman: The Bent Tree Board of Directors has taken the following position regarding the above- mentioned project. Our position supports all of the Bent Tree residents and in particular the residents whose homes border the proposed Southampton development. We respectfully request, as a community, that you give consideration to the following items. 1. HEIGHT - Three story town homes are incompatible with our neighborhood and the surrounding communities. The developer has agreed to have two story town homes along the northern and eastern borders of their development. We request that two story town homes are mandated throughout the entire Southampton development. This request is per the City of Palm Beach Gardens Land Use Regulation Sec.78-141, Residential Zoning Districts, Note 4 states. - “Maximum building height is the lesser of two stories or 36 feet, excluding the RH Zoning District”. We request the City follow the Code as written and not grant a waiver on this very important Section of the Code 2. WALL & BUFFERRRESERVE AREA - We request that the northern boundary line be constructed prior to any town home construction. We request a wall be constructed along the northern border of this development situated between the south side of the buffedpreserve area and the town homes. The wall would be on the developer’s property and both sides of the wall maintained by Southampton. Our reasons for requesting a wall are as follows: 0 Noise Pollution - The three lakes in the center of the development will greatly magnify the PGA Blvd. traffic noise heard by t residents. Streets that run north and south, in the development, will result in increased noise level to the Be as well as headlights shining into their backyards. 3. 0 Security - The road running along the south side of the canal is already a problem with vandals and vandalism. A wall would reduce or at least contain the increase of these problems. BufferlPreserve Area Along the Northern Borders of Southampton - A large percentage of the existing preserve along the western half of the buffer zone consists of melaleuca trees and other exotics which will be removed. In the remaining eastern half of the northern border many native trees were destroyed by the hurricanes. We request that the buffer zone idill be increased and the height of the infill trees should be at least 30 feet as shown on the plans. The legend sizes indicate only 12-foot trees are to be planted with infill of other plants at only 3 - 6 feet. We request these items be addressed with the Bent Tree residents’ interests in hand. 4. We request the developer replant trees andor other foliage to cover the north entrance of the utility easement fiom view of the Bent Tree homes along the Canal. 5. We request the “cut through” on Central Blvd. be in place before construction begins. T & C, or other construction vehicles should not be allowed to use the Bent Tree entrance apron and cut through to make U turns. 6. We request a “NO U Turn” sign be placed at the Bent Tree cut through before construction begins. 7. We request the three lakes proposed by the Southampton development do not, in any way, impact the already problematic low water level in the Bent Tree Retention Pond. 8. We request assurance the drainage of these lakes will be safe and not threaten the Bent Tree homeowners with flooding since the canal is to be used as a flood control for Southampton. The above requests are submitted to you respectfully and support our position regarding the Southampton development. The entire Bent Tree Community would appreciate your consideration of these requests. Very truly yours, Bent Tree Board of Directors cc: Members of P&Z Board Members of City Council City Manager FRAN HEASLIP 110 BENT TREE DRIVE PALM BEACH GARDENS, FL. 33418 (561) 625-2293 June 10,2004 c 61.5 -22 93 City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Attention: Charles K Wu Growth Management Administrator The purpose of this letter is to advise you that Bent Tree residents are aware of a new development being planned by Town & Country Homes to be built on the northeast corner of PGA Buulevmd and Central Blvd. This new development will be on the south side of the Bent Tree community in Palm Beach Gardens. We are deeply concerned about what is to be built there and how it will impact our community, especially the residents bordering the canal on the north side of Town and Co~ntry’s property. We would like to be involved in the planning process to voice our concerns before the plans are fidized with the city planners. The resident spearheading Bent Tree’s interest is Mr. Greg Zele, 122 Bent Tree Drive. Business phone (561) 820-2218. Home phone (561) 775-0610. Ed gzele@~almbeachlaw.com. I am the chairperson of the Architectural and Landscaping Committee for the Bent Tree POA and a resident on the canal bordering the Town & Country property. I can be reached at (561) 625-2293, via fax (561) 799-5801 or emd to gbh11704~aol.com. We would appreciate a reply either by phone, email or letter concerning this matter. Thanking you in advance, I remain Sincerely yours, / Fi(an Heaslip, Director, Bent Tree PdA cc: Greg Zele Greg Zele 122 Bent Tree Drive Palm Beach Gardens, Florida 33418 July 12,2004 Steve Liller Town & Country Homes, Inc. 1275 Gateway Boulevard Boynton Beach, FL 33426 Dear Mr. Liller: As you are aware, I am a resident of Bent Tree living on what will be the northern border of your company’s proposed Southhampton development in Palm Beach Gardens, Florida. First let me thank you for providing us with a copy of the plans for the project. Hopefully we can work together to ensure that whatever the final outcome of the project looks like, it is something that works for everybody. I have now had the opportunity to review and discuss the plans with a number of Bent Tree homeowners and following are the major concerns residents have expressed regarding the project as proposed: 1. Height. Some of the proposed units are as tall as 42 feet and will border the existing residential communities of Gardens of Woodberry and Bent Tree. The proposed height of these structures is out of character and incompatible with the adjacent neighborhoods. 2. Traffic. According to the plans, it appears that the main entrance will be a right-turn in and a right-turn out, forcing-ftH-k.affic-exiting the development ftom that entrance to proceed north on Central Boulevard. Consequently, all persons seeking to travel on PGA Boulevard will be forced to make a U-turn at the existing median cut at Bent Tree. This would not only lead to additional traffic and inconvenience to persons entering and exiting Bent Tree, but the additional traffic movements would also create a dangerous condition. 3. Buffer Size and Density. The proposed 50-foot preserve buffer adjacent to Bent Tree is inadequate, especially given the massing of the proposed structures. Additionally, there is real concern regarding the density of the proposed vegetation, especially in the areas where the preserve buffer will be “re-created.” The proposed trees in the “re-created” buffer will clearly lack the adequate height to provide any meaningful screening from three or even ‘P 4. Security. While the main entrance will apparently be manned by a security guard, there is no wall or fence around the proposed project. Many residents have voiced concerns over the lack of a wall between Bent Tree and the proposed development. - We appreciate your attention to and thoughts on the above concerns. Perhaps some of them can be addressed in time for the planned meeting between your company and the residents of Bent Tree. We would like you to make that presentation at the upcoming Bent Tree Board of Directors meeting on July 28. Additionally, I have discussed the proposed development with residents of the Gardens of Woodberry, perhaps we could coordinate a joint meeting. Please let me know if this will be possible. Please feel free to contact me directly (820-221 8) regarding any of these issues or the scheduling of a meeting. We look forward to working with you to resolve these concerns to everybody’s satisfaction. Very Truly Yours, cc: TalalBenothman Ann Gott Ilan Berkner Fran Heaslip .. . -- . -- - ,, -’ ,- I1 Talal Benothman From: Sent: To: cc: Subject: Mr. Benothman- GREG ZELE [gzele@palmbeachlaw.com] Monday, August 30,2004 1151 AM Talal Benothman Ron Ferris; Charles Wu; Eric Jablin; David Levy; Annie Marie Delgado; Joseph Russo Southhampton Development The residents of Bent Tree have received a copy of the revised plans for the “Southhampton Development” proposed for the northeast corner of PGA Boulevard and Central. I am aware, from previous conversations with you, that the developer made changes to the original plans based on the recommendations of your Department. To that end, I wanted to thank you for your hard work on this project to date and your willingness to respond to our concerns. However, the revised plans fail to correct some of the major concerns raised both by your Department and Bent Tree residents. Specifically, the revised plans continue to call for 3 story buildings for all units. As you are aware, the residents of Bent Tree are adamantly opposed to the construction of three Btory buildings in our back yards. It is disappointing to us the developer, Town & Country Homes, failed to act on your Department’s request that the units along the perimeter at least be limited to no more than 2 stories. It is our understanding that the developer will need to apply for variances in order to build 3 story structures on the property. We would appreciate it if you would inform us of the status of the variation request and consider this our notice to your Department that the residents of Bent Tree oppose the granting of any such variances. hhere are other issues regarding the revised plans that have been raised by residents of Bent Tree. I would like the opportunity to meet with you to discuss the plans in more detail and hear from you what recommended changes Planning and Zoning will make with respect to the revised plans. Additionally, I have a petition that I would like to present to you that has been signed by approximately 150 Bent Tree residents to date setting forth our concerns. I look forward to hearing from you regarding the above, Greg Zele 122 Bent Tree Drive 1 Talal Benothman -. ,’ .\ d I Page 1 of 2 From: Bruce [bruceao@bellsouth.net] Sent: Sunday, July 11, 2004 9:18 PM To: Talal Benothman cc: Ron Ferris; Charles Wu Subject: Re: Southhampton Development Dear Mr. Benothman, I very much appreciate your quick and thorough response, and the assistance by Mr. Ferris. I think the changes you have proposed should be looked upon favorably by most of the residents in Bent Tree. Once again, thank you for taking the time to offer such a complete response and for the offer of future assistance. Sincerely, Bruce Oestreich .--- Original Message ---- kom: Talal Benothman ‘0: bruceao@bellsouth.net :c: Ron Ferris ; Charles Wu ient: Wednesday, July 07,2004 IO: 15 AM iubject: Southhampton Development ;ood Morning Mr. Oestreich, -hank you for your e-mail on the above noted project. You have raised primarily three concerns with the jouthhampton project located at the northeast corner of PGA Blvd. and Central Blvd., and they are as follows vith staffs response to each concern raised: I. Southhampton “...is completely out of character with the surrounding neighborhoods.” because of the three-story height of the buildings proposed by the applicant. As you suggested, staff will be proposing to the applicant to reduce the height of the buildings along the northern and eastern boundaries of the subject site from three to two stories, which is consistent with previous City actions regarding the Bent Tree and Gardens of Woodberry developments. 2. The buffer proposed by the applicant along the north and east sides is “...only a 50’ buffer.” The site plan currently reflects a 35-foot canal easement, a 20-foot separation between canal and preserve, and an approximately 50-foot preserve buffer along the north side of the subject site. The distance between the rear of the buildings located in the north and the north property line is approximately 140 feet. When you add this distance to the rear setback of the homes in your community located along the north side of the subject site, you will find that there is approximately a distance of 160 feet separating the homes on both sides of the property line. It is staffs opinion that this distance is more than adequate for privacy purposes on both sides of the line if the applicant 711 212004 Page 2 of 2 locates only two-story homes along the north and east side of the subject site. The building setback ot the proposed homes on the east side is only 90 feet with approximately an additional 70-foot setback on Gardens of Woodberry making it a total of 100 feet. Again, this is adequate for privacy purposes with only two-story homes located along the east side of the subject site. Nonetheless, staff will request wider preserves on the north and east of at least 1 OO-feet. 3. “ ... Southhampton should be required to move their main entrance to PGA Blvd., or provide a cut through in the median on Central Blvd.” During the review process, the City Engineer will be looking into the most appropriate and safe way of providing access to the site. The City Engineer will be looking into whether the main access should be kept at Central, but with a median cut, or moving the main entrance into PGA Blvd. by making the emergency access off of PGA Blvd. into a full access point. I hope that I have addressed your concerns as expressed in your e-mail. You are welcome to stop by our offices and look at the plans submitted by the applicant last week. I have also contacted Fran and Greg yesterday and let them know that we have received the plans and they are welcome to take a look at them. Please let me know if I can help in the future. Thanks TB. 7/12/2004 I I Page 1 of 2 Talal Benothman From: Bruce [bruceao@bellsouth.net] Sent: To: Talal Benothman Cc: Subject: Southhampton Development Monday, August 30,2004 8:07 PM Joseph Russo; Annie Marie Delgado; David Levy; Eric Jablin; Charles Wu; Ron Ferris Dear Mr. Benothman: You have previously addressed several of my concerns regarding the Southhampton PUD in an e-mail dated July 7,2004. I have also had the opportunity to review the comments of the Development Review Committee listing 24 areas of concern. Last week I reviewed the revised plans for the Southhampton Development at Building and Zoning. Let me begin by saying I am greatly appreciative of your and your departments conscientious, and meticulous review of this project. It's the hard work of your department that helps preserve and maintain the quality environment in this city that we all enjoy. This is particularly important for us is this case, with this project on our backdoor. Unfortunately there remains one issue where the developer has apparently decided to ignore the advice of your office, and the wishes of the residents in Bent Tree. This is the fact that they continue to show 3-story buildings for all their units. It amazes me that they continue to insist upon 3-story buildings after your Development Review Committee stated "Staffstrongly recommends revising said plans to reflect a maximum height of only two-story buildings along the northern and eastern portions of the site" and "In addition, three-story buildings within your community facing one-story buildings within the Gardens of Woodberry development and one and two-story buildings within the Bent Tree development are not compatible*". I would not have thought that it needed to be any clearer than that. As I have said before, and I'll state again, three-story townhomes next to predominately one- story homes is out of character with the surrounding neighborhoods and should not be allowed. This development in reality should only be two-story throughout to fit with the surrounding developments. If variances are required for 3-story townhomes, I would recommend that they be denied. They should be required to build what is appropriate and consistent with the existing neighborhood. If the code was written requiring two stories, then they should have to live with that. They purchased this property, I assume, with full knowledge of any such limitations. Please do not degrade our properties by allowing them to change the rules after the fact with inconsistent and harmful variances. Once again, thank you for you time, concern and dedication regarding this matter. Sincerely, Bruce Oestreich 116 Bent Tree Drive bruceao@ bellsouth.net 561-624-0406 Page 2 of 2 * Excerpts from the Development Review Committee Meeting document dated July 22,2004; prepared by Tala1 Benothman. P V Talal Benothman ,' . Page 1 of2 1 \, From: Sospalmbch@aol.com Sent: To: Talal Benothman cc: Subject: Southhampton Townhouse Development by Town 8, Country Realty Tuesday, August 31,2004 4:49 PM Ron Ferris; Charles Wu; Eric Jablin; David Levy; Annie Marie Delgado; Joseph Russo Mr. Benothman: Subject: SOUTHAMPTON TOWNHOUSE DEVELOPMENT The developer of the proposed Southampton townhouse development recently submitted revised plans to the Planning and Zoning Department of the City. While the revised plans propose to correct some of the problems with the planned development (increased buffer preserve to I00 feet, traffic cut proposed in median on Central Blvd), the developer declined to act on other Bent Tree recommendations. I am upset for the residents of Bent Tree who abut the proposed townhouse development and have written this letter to express my disappointment. Specifically, the revised plans continue to call for 3 story units throughout the development despite the City Staffs' recommendation to build only 2 story units on the perimeter bordering the abutting developments. Further, no security wall is yet proposed even though a gated entrance with a manned guardhouse shows on the drawings. These Bent Tree recommendations had already been transmitted to the City and the applicant at a Bent Tree Board meeting with the developer on August 4,2004. The placement of 3 story townhouse buildings along the property border facing I and 2 story single family homes in Bent Tree is not compatible, unacceptable and does not meet city code. It is respectfully requested that the applicant be directed to site only 2 story townhouses along the townhouse property border abutting Bent Tree. The existing residents of Bent Tree bordering the townhouse development want to maintain the privacy they now have in their backyards. They do not want the intrusions of others peering from their balconies into their backyards. It is noted that the City of Palm Beach Gardens states in its Land Use Regulations in Sec. 78-141, Residential zoning district regulations, Table IO, Property Development Regulations - Residential Zoning Districts, Note 4) "Maximum building height is the lesser of two stories or 36 feet, excluding the RH zoning district". It is requested that the city follow its code as written on this matter and not deviate by granting any waiver to this section. The requirement for a security wall would solve several problems. A security wall would provide safety and security by preventing trespassing. A guarded entry gate is useless if your back door is wide open. The wall would also provide a barrier from headlights and streetlights shining through the buffer zone along the canal into Bent Tree backyards. This proposed project has a safety concern that must be addressed for both the existing residents of the abutting developments and the future residents of the townhouses while the plans are in the formative stage. The safety concern will grow considerably in the future when the 91 1 /2004 /-- ., ii i. Page 2 of 2 expansion of Central Blvd goes from 4-lane to 6-lane. At that time the townhouse residents will lose a portion of their parkway buffer along Central Blvd. The need for a security wall will then become immediately evident. That problem can be solved right now by requiring the applicant to build a security wall. Thank you for the opportunity to present these comments. If you have any questions, please do not hesitate to contact me. Tom Sosey 149 Bent Tree Drive Palm Beach Gardens, 33418 694-6820 Talal Benothman t Sent: To: Subject: Keith Braun [KBraun@floridawills.com] Monday, August 30,2004 12:42 PM Talal Benothman Southampton Dear Councilman Levy: I live in the Bent Tree subdivision. I have been advised that the developer of the proposed Southampton townhouse development recently submitted revised plans to the Palm Beach Gardens’ Planning and Zoning Department. While the new plans are an improvement over the original plans, the plans continue to seek approval for three-story units throughout the development. The homes in the area are either single story or two story. The proposed three-story town homes will not blend in with the neighborhood. I see no reason for the City to grant a variance which is not in keeping with the other homes in the area. I therefore urge that the City refuse to grant a variance to permit three-story town homes. Sincerely, Keith B. Braun 445 Woodview Circle 1 . Talal Benothman From: B Walker [bwwalker@adelphia.net] 5ent: Monday, August 30,2004 3:12 PM To: Talal Benothman; Ron Ferris; Charles Wu; Eric Jablin; David Levy; Annie Marie Delgado; Joseph Russo cc: Sean Walker Subject: Southhampton Development Height Hello, I am a Palm Beach Gardens resident and would like to strongly encourage the city to keep the Southhampton development (on corner of PGNCentral) to 2-story homes. In addition to this, I urge you to keep as many treeshatural foliage as possible, as this is the beauty that we residents are so proud of. This marks our community one-step (or more!:) above those around us. Thank you for your serious consideration of my email. Becca Walker 423 Woodview Circle Palm Beach Gardens, FL 33418 1 c 83/25/2005 11: 42 561-575-5260 GGG 8 ASSOCIATES , c i , .. 1 . ,I GENTILE HOLLOWAY O'MAHONEY ~sndscrpe AmhicdCft Plinnec$ md Envh-onmentel Cnnoulranw * LC.OOOOV7 4 A$5OC!AltS, ik(. City of Pam Beach Gardens Planning & z ning blvision 10500 N. Mlli P ary Trail Palm Beach Gardens, FL 33410-4698 ' PAGE 81 March 25,2005 - Ah: Mr. Brad Wiseman , Re: PUD-04-18: Southamptm (a.k.a. Parcel 31.02) Dear Brad: In response to the knt Tree residents cantlnued concern and discusslons regarding their request for a wall to be constructed on the south side of the preservelbuffer on the north properto Ilne, we would like to offer our wrihen response, for your records. - For clarification, the Bent Tree P.0.k has previously requested, and contlnues to do so, that a wall be constructed on the south side of the preservebuffer to elimlnate noise from PGA Boulevard, headlights shining into their backyards and for security reasons. Our responses to thb request are as follows: 1. Neise - It is very unlikely that a 64 wall located approxlrnately 1,150 feet north of PGA Btvd. will effectively reduce ar)y road noise that Is generated from the exlsting vehicular traffic on PGA Blvd. However, providing buildings ranging from 24-34' feet in height WILL effectively reduce and block the existlng road noise to Bent Tree. 2. Security - Provlding a wall 170 feet south of the property line of Bent Tree wlll not prevent or deter the possibility of vandalism along the canal. The exlsting canal lles withln a 70 foot water management easement that cannut be effectively secured, while still allowing full and open access for required canal malntenance. fhe,mere presence of residentla1 dwellings on either side of this easement, however, will effectively deter vandalism. 4 d a \ 3. ,Hsbd/hhts - All norWsouth alleys and maMays within the proposed Southampton community, have buildings located at their terminus, thereby further eliminating the possibility of any headlights entering the Bent Tree homes, which are approximately 300 feet away from the nearest drive and separated by a 100 foot heavily vegetated preserve/buffer. . c In pddltlon, the 100 foot presendbuffer is a visual and aesthetlc asset to bot the future residents of Southampton. It would be a shame to place a concrete slde of thls buffer and deny the residents the visual gleasure that the vegeta withln this buffer will provlde them. * 1m~ncmrwaLme. sunn 101 ' JUP# ~kJ&la &3m M1-373.9Wf 561-375*52W FAX www k&apb.(lwLhnO~~1 corn * 4- 83/25/2005 11: 42 561-575-5260 GGG 8 ASSOCIATES PAGE 62 4. Southampton Engineerlhg Comments Response Letter I hge2Of2 Should you have any questions a(rd/or require any additlonal information, please do not hesitate to contact me. Y a I Sr; Vice-President cC: Steve Liller \ c \ .- a I \ J 3 a I I I c 2 B 13 v P t h c 3 Y) c 3 / Ln c 3 I I . c 3 3W1 -f --* I 02 ... 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R ~I- i I L c, L I! 2 l I , II ' l!-'-'-'-I I- . .I' L ', ' r rr J I 0" m ff x n 2 x U m 6 a r w I- Z rY L 0 I f c -. 1, -- PI # n k 8 8 I // I I 1, I 1 1 I 1 O-E .a-r , 1 L a- L * =! s 8 I* W k *: 3 Y 9 2 8 a K e f i a OL a: > u __I 3 b 0 i- t 1 1) pt c c .* *. Y, 4 L" - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 14,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO REZONING; REZONING A PARCEL OF LAND (PARCEL 31.02) CONSISTING OF APPROXIMATELY 38.5 ACRES, LOCATED AT THE NORTHEAST CORNER OF CENTRAL BOULEVARD AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM A PLANNED DEVELOPMENT AREA (PDA) TO A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF RESIDENTIAL MEDIUM (RM), TO BE KNOWN AS THE “SOUTHAMPTON PUD”; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-04- 18) from Mr. Troy Holloway of Gentile, Holloway, O’Mahoney & Associates, Inc., on behalf of Palm Beach Gardens Limited Partnership, for a rezoning to a Planned Unit Development (PUD) Overlay with an underlying zoning district of Residential Medium (RM) for the approximately 38.5-acre site, generally located on the northeast corner of Central Boulevard and PGA Boulevard, which lies within the municipal boundaries of the City of Palm Beach Gardens, as more particularly described herein; and WHEREAS, the subject site is currently zoned Planned Development Area (PDA) and has a land-use designation of Residential Medium (RM); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on January 25, 2005, and has recommended approval of the rezoning to the City Council with a vote of 5-2; and WHEREAS, the City Council has considered the evidence and testimony presented by the petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens; and WHEREAS, the City Council has determined that this Ordinance is consistent with the City’s Comprehensive Plan based on the following findings of fact: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: March 18, 2005 Ordinance 14, 2005 1. The proposed rezoning of the Planned Unit Development (PUD) Overlay with an underlying zoning of Residential Medium (RM) is consistent with the future land-use designation of RM. 2. The proposed rezoning is in harmony with the general purpose and intent of the Comprehensive Plan and the Land Development Regulations and is compatible with the intensity and density of the surrounding, existing, and future land uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of the parcel of land, as more particularly described below, from a zoning designation of Planned Development Area (PDA) to a Planned Unit Development (PUD) Overlay with an underlying zoning district of Residential Medium (RM): LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 2, TOWNSHIP 42 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: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 2; TOGETHER WITH THE SOUTH 35.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 2; LESS AND EXCEPTING THERE RECORD BOOK 2420, PAGE 537 AND OFFICIAL RECORD BOOK 7819, PAGE 1443 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 OF SAID PUBLIC RECORDS. FROM THE RIGHT-OF-WAY OF P.G.A. BOULEVARD AS DESCRIBED IN OFFICIAL CONTAINING 1,677,560 SQUARE FEET OR 38.51 1 ACRES, MORE OR LESS. SECTION 3. The City Manager is hereby authorized and directed to make appropriate changes on the zoning district map of the City to effectuate the purpose of this Ordinance. SECTION 4. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant’s agent(s) at any workshop or public hearing. 2 Date Prepared: March 18, 2005 Ordinance 14,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 5. This Ordinance shall become effective immediately upon adoption. PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day and final reading. CITY OF PALM BEACH GARDENS OV. of ,2005, upon second FOR AGAINST UI. Joseph R. Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Bamett, Councilmember ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl EN CY BY: Christine P. Tatum, City Attorney \\pbgsfile\Attorney\attomey-share\ORDINANCESkouthampton rezoning - ord 14 2005.doc ABSENT d 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 48,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER PARCEL (PARCEL 31.02), TO BE KNOWN AS THE “SOUTHAMPTON PUD,” LOCATED AT THE NORTHEAST CORNER OF CENTRAL BOULEVARD AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE CONSTRUCTION OF 245 TOWNHOUSE UNITS; PROVIDING FOR WAIVERS; PROVlblNG FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. DEVELOPMENT PLAN FOR THE APPROXIMATELY 38.5-ACRE WHEREAS, the City has received an application (PUD-04-18) from Mr. Troy Holloway of Gentile, Holloway, O’Mahoney & Associates Inc., on behalf of Palm Beach Gardens Limited Partnership, for master development approval to allow the construction of 245 townhouse units on an approximately 38.5-acre parcel of land (Parcel 31.02), to be known as the “Southampton PUD,” generally located at the northeast corner of Central Boulevard and PGA Boulevard, as more particularly described herein; and WHEREAS, the subject site has been rezoned by Ordinance 14, 2005 to a Planned Unit Development (PUD) Overlay with an underlying zoning designation of Residential Medium (RM); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said application at its January 25, 2005, public hearing and recommended its approval by a vote of 5-2; and WHEREAS, the City Council has considered the evidence and testimony presented by the petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Date Prepared: March 18,2005 Resolution 48, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 2. The Master Development Plan application of Mr. Troy Holloway of Gentile, Holloway, O’Mahoney & Associates Inc., on behalf of Palm Beach Gardens Limited Partnership, is hereby APPROVED on the following real described property, to allow the construction of 245 townhouse units on an approximately 38.5-acre parcel of land (Parcel 31.02), generally located at the northeast corner of Central Boulevard and PGA Boulevard, subject to the conditions of approval provided herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 2, TOWNSHIP 42 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: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 2; TOGETHER WITH THE SOUTH 35.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 2; LESS AND EXCEPTING THERE RECORD BOOK 2420, PAGE 537 AND OFFICIAL RECORD BOOK 7819, PAGE 1443 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 OF SAID PUBLIC RECORDS. FROM THE RIGHT-OF-WAY OF P.G.A. BOULEVARD AS DESCRIBED IN OFFICIAL CONTAINING 1,677,560 SQUARE FEET OR 38.51 I ACRES, MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following five (5) waivers: 1. 2. 3. 4. 5. Sections 78-341, 78-343, 78-344(h), Intent; Location of Required Parking; and Construction and Maintenance, to allow for 54 on-street parallel parking spaces. Section 78-285, Permitted Signs, to allow for a project identification column at the corner of PGA Boulevard and Central Boulevard. Section 78-498, Road Surfacing Improvements, to allow for nine-foot-wide rear alleys with a one-foot curb on each side. Section 78-344(1)(1), Construction and Maintenance, to allow for 91, nine- foot-wide parking spaces. Section 78-141, Residential Zoning Districts, to allow for 202 townhouse units with a height of three stories. 2 ~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: March 18,2005 Resolution 48,2005 SECTION 4. Said approval is subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: Planninq & Zoning 1. 2. 3. 4. 5. 6. 7. Prior to the issuance of the Certificate of Occupancy for the 122nd unit, the applicant shall complete the amenities parcel, including all landscaping associated with said parcel. If the amenities parcel is not complete by the time of the application for the Certificate of Occupancy for the 122nd unit, the City shall cease issuing any new residential building permits until a Certificate of Occupancy / Completeness is issued for the amenities parcel. (Planning & Zoning) The applicant shall provide written disclosure to all future potential homebuyers that the amenities parcel, including landscaping, shall be completed prior to the issuance of the Certificate of Occupancy for the 122nd unit, or the City shall cease issuing building permits after that date. The form of such disclosure shall be approved by the City Attorney prior to the issuance of the first building permit. (Planning & Zoning, City Attorney) Prior to the issuance of the first building permit, the applicant shall construct the median cut adjacent to Southampton’s main entrance on Central Boulevard, as shown on the approved site plan. (Planning & Zoning) All gutters and downspouts for each building shall be painted to match the surface to which they are attached (Planning & Zoning). All windows and glass doors shall consist of hurricane impact resistant glass. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy, the applicant shall submit the homeowners’ association documents for the City Attorney’s and City Forester‘s review and approval. (Planning & Zoning, City Attorney) The applicant shall provide fountains within all wet detention areas on site, prior to the issuance of the last Certificate of Occupancy. (Planning & Zoning) Landscape & Maintenance 8 Within six (6) months from the issuance of the first excavation and fill permit, the applicant shall install all buffers, recreated preserves, and Central Boulevard road shoulder and median landscaping. (City Forester) 3 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 9. IO. 11. 12. 13. 14. Date Prepared: March 18, 2005 Resolution 48, 2005 Within six (6) months of development order approval, the applicant shall replace, to the City Forester‘s satisfaction, all PGA Boulevard parkway and median landscaping that has been damaged due to recent weather events within the portion of PGA Boulevard adjacent to the subject property. (City Forester) The applicant shall be responsible for the maintenance of the Central Boulevard and PGA Boulevard road shoulder landscaping adjacent to the Southampton PUD. (City Forester) The applicant shall be responsible for 50% of the maintenance costs for the medians adjacent to the Southampton PUD on Central Boulevard and on PGA Boulevard adjacent to the PGA Commons Parcel 1 PUD. Additionally, the applicant shall be responsible for 100% of the maintenance costs for the median adjacent to the subject property from Woodland Lakes to the eastern terminus of the Southampton PUD. (City Forester) Prior to the issuance of the first Certificate of Occupancy, the applicant shall convert the existing reclaimed water system adjacent to PGA Boulevard to a private water irrigation system. (City Forester) Prior to the issuance of the first Certificate of Occupancy, the applicant shall complete the restoration of all upland preserves. (City Forester) Any amendment to the approved landscape plan that results in a downgrade, as determined by the Growth Management Administrator, shall require the applicant to submit a miscellaneous application petition for review and approval by the City Council. (City Forester) City Enqineer 15. Prior to plat approval, the applicant shall dedicate, by plat, all easements for roadways and pedestrian paths that are located within the Southampton PUD. (City Engineer) 16. Prior to the issuance of the first land alteration permit, the applicant shall add a note to the engineering plan stating “All pavement marking and striping, excluding parking stalls, shall be installed with thermoplastic materials. Also, paver bricks of appropriate color shall be used on paver brick areas, in lieu of paint or thermoplastic material in accordance with City Code Section 78-344.” (City Engineer) 17. Prior to the issuance of the first land alteration permit, the applicant shall provide a signed and sealed pavement marking and signage plan. (City Engineer) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 18. 19. 20. 21. 22. 23. 24. 25. 26. Date Prepared: March 18, 2005 Resolution 48,2005 The applicant shall provide the City Engineer with copies of all correspondences to and from regulatory agencies regarding issues on the Southampton PUD. (City Engineer) The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall provide surety for public infrastructure, landscaping, and irrigation. The surety shall be based on a cost estimate that is signed and sealed by an engineer and landscape architect licensed in the State of Florida. The surety shall be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) Prior to issuance of the first land alteration permit, the applicant shall provide a cost estimate for all other on-site improvements which do not include public infrastructure, landscaping, and irrigation costs. The cost estimate shall be signed and sealed by an engineer licensed in the State of Florida and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) The applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall submit signed and sealed construction plans with all calculations by an engineer licensed in the State of Florida. (City Engineer) Prior to construction plan approval, the applicant shall schedule a pre-permit meeting with City staff. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida. (City E ng i nee r) Prior to the issuance of the first land alteration permit, the applicant shall provide a letter of authorization from the utility companies allowing landscaping within their easements. (City Engineer) 5 Date Prepared: March 18,2005 Resolution 48,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 27. 28. 29. 30. 31. 32. The construction, operation, andlor maintenance of any elements of the Southampton PUD shall not negatively impact the existing drainage of the surrounding areas. If at any time during development it is determined by City staff that any of the surrounding areas are experiencing negative drainage impacts caused by the development of Southampton, it shall be the applicant’s responsibility to resolve said impacts in a period of time and a manner acceptable to the City. If said impacts are not remedied in a time period and manner acceptable to the City, the City shall cease issuing building permits and/or Certificates of Occupancy until all drainage concerns are resolved. (City Engineer) Prior to the issuance of the first building permit, the applicant shall install a southbound left-turn lane on Central Boulevard at the Southampton PUD entrance driveway. (City Engineer) No more than 1,351 external daily trips (1 93 units) shall be permitted until the contract is let for the widening of Hood Road from Alternate AIA to Military Trail. (City Engineer) No more than 1,190 external daily trips (170 units) shall be permitted until the contract is let for the widening of Hood Road from Military Trail to Central Boulevard. (City Engineer) The applicant shall install any and all traffic devices as deemed necessary through warrant studies conducted by Palm Beach County. (City Engineer) The build-out date for the Southampton PUD shall be December 31, 2005. (City Engineer) Police Department 33. All lighting within the common areas of the Southampton PUD shall be metal halide, street poles shall be no larger than 14 feet in height, and lighting shall be provided for the entrance signs. (Police Department) 34. Prior to the issuance of the first Certificate of Occupancy, landscaping, including long-term tree growth, shall be field located to avoid conflicts between lighting and landscaping. (Police Department) 35. Numerical addresses shall be indicated on each townhouse unit and shall be illuminated for nighttime visibility. Numerical addresses shall have bi- directional visibility from the roadway, numbers shall be a minimum of six inches in height, and numbers shall be a different color than the color of the surface to which they are affixed. (Police Department) 6 ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 36. 37. 38. 39. Date Prepared: March 18,2005 Resolution 48,2005 The clubhouse building shall be pre-wired for an alarm system and access to the clubhouse and pool area shall be restricted through the use of a key or security card. (Police Department) The applicant shall provide a timer clock or photocell sensor engaged lighting near the entryways to all residences and at all pedestrian pathways within the PUD. (Police Department) Entry doors shall open outward, have 180-degree peepholes, and if side window panes are present, they shall be located on the opposite side of the door handle. All entry doors, including the interior garage door, shall be equipped with security hinges and shall consist of a solid core with a single- cylinder dead-bolt lock. (Police Department) Prior to the issuance of the first building permit, the applicant shall provide a street address system depicting street names and residential numerical addresses for emergency response purposes. Address system depiction shall be in 8.5” X 11” map format. (Police Department) Miscellaneous 40. Prior to the issuance of the first building permit, digital files of the approved plat shall be submitted to the Planning and Zoning Division, and approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) 41. At no time shall staging of construction vehicles and/or service vehicles occur within a public right-of-way. All vehicular construction activities must use a temporary construction access off of Central Boulevard. (Planning & Zoning) SECTION 5. Said Planned Unit Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. Master Development Plan by Gentile, Holloway, O’Mahoney, & Associates, sheet MP-1 , dated February 22, 2005. 2. Site Development Plans by Gentile, Holloway, O’Mahoney, & Associates, sheets SP-1 through SP-4, dated February 22, 2005. 3. Landscape Development Plans by Gentile, Holloway, O’Mahoney, & Associates, sheets LP-1 through LP-IO, dated February 22, 2005. 4. Color Scheme Site Plan by Quincy, Johnson, Jones, Myott, Williams Architects, sheet SP-1 , dated August 13, 2004. 7 Date Prepared: March 18,2005 Resolution 48,2005 1 5. Southampton Architectural Plans by Quincy, Johnson, Jones, Myott, 2 Williams Architects, sheets A0 through A-36 and SP-1, dated November 5, 3 2004. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. Site Photometric Plans by Gentile, Holloway, O’Mahoney, & Associates, sheets EP-1 through EP-7, dated February 25, 2005. Littoral Plan by Land Design South, sheet 1 of 1, dated October 25, 2004. 7. SECTION 6. Said approval shall be consistent with all representations made by SECTION 7. This Resolution shall become effective immediately upon adoption. the applicant or applicant’s agents at any workshop or public hearing. (The remainder of this page left intentionally blank) 8 IF-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: March 18, 2005 Resolution 48,2005 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- d GAattorney-share\RESOLUTlONSkouthampton pud master plan amend - reso 48 2005.doc 9 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 14,2005 Meeting Date: May 19,2005 Ordinance 15,2005 and Resolution 54,2005 Subiect/Agenda Item: Ordinance 15,2005 and Resolution 54,2005: The Clock Tower Planned Unit Development Amendment Second Reading and Public Hearing: A request by Michael Westcott, the owner of Suite 201 of the Clock Tower Plaza, for an amendment to the Clock Tower Planned Unit Development (PUD) to allow for a modification to one (1) condition of approval established in Ordinance 25, 1985, which approved the Clock Tower PUD, to allow for an increase in the approved percentage allocated for medical or dental use within the PUD. The Clock Tower PUD is generally located at the northwest comer of Bums Road and Military Trail, on approximately one (1) acre. [ X ] Recommendation to APPROVE without conditions or waivers ] Recommendation to DENY Reviewed by: z Planning Manager: Tala1 M. Benothman, AICP City Attorney: & Development Compliance: .5d/ ahareh K. Wolfs, AICP Growth Management Charles K. Wu, AICP Approved By: Ronald M. Ferris 4 ,., Originating Dept.: Growth Management: Manager Autumn Sorrow, Planner [ X ] Quasi - Judicial [ ] Legislative [ X 3 Public Hearing Advertised: Date: 5/4/05 Paper: PB Post [XI Required Finance: NIA Costs: $ N/A Total $ N/A Current FY Funding Source: [ 3 Operating [XI Other N/A Budget Acct.#: N/A City Council Action: [ 3 Approved [ ] App. w/ conditions [ ]Denied [ ] Continued to: Attachments: 0 Ordinance 15,2005 Resolution 54,2005 Ordinance 25, 1985 Ordinance 17, 1988 Traffic Study PBC TPS review City Engineer review Minutes from 1 1/21/85 & 1 21 1 9/05 c EXECUTIVE SUMMARY The applicant is requesting a modification to one (1) condition of approval established in Ordinance 25, 1985, which approved the Clock Tower PUD. The purpose of the requested modification is to allow for an increase in the approved percentage allocated for medical or dental use within the PUD. Staff recommends approval of Ordinance 15, 2005 and Resolution 54, 2005, amending one (1) condition of approval established in Ordinance 25, 1985. BACKGROUND The Clock Tower PUD was approved on December 19, 1985, through Ordinance 25, 1985. Subsequently, on April 14, 1988, the City Council approved Ordinance 17, 1988, which approved tenant signage for the PUD. The Clock Tower PUD Master Plan provides for 15,735 square feet of professional office space on approximately one (1 .O) acre. Dr. Michael Westcott, a practicing dentist who owns suite 201 of the Clock Tower Plaza but has been operating his practice at an alternate location, would now like to move his practice to suite 201. According to Ordinance 25, 1985, the Clock Tower PUD development order, no more than twenty-eight percent (28%) of the gross leasable area of the Planned Unit Development shall be utilized for the purpose of the practice of medical andor dentistry. To the best of staffs research, staff could not find the basis of the 28% limitation. Currently, the Clock Tower PUD contains 51% of medical use. In October 2002 the Growth Management Department became the primary reviewer of all occupational license applications. Shortly after October 2002, an occupational license application for medical use was received for the Clock Tower Plaza. Upon staffs research of the development order issued for the Clock Tower PUD and the existing medical and professional office uses at the Plaza, staff confirmed that the site was already in violation of the development order by containing more than twenty-eight percent (28%) of medical use. The petitioner is requesting to an amendment to Ordinance 25, 1985 to allow an increase of 1,148 square feet (suite 201) of medical use within the Clock Tower PUD, which would increase the overall medical use to 59% for the entire PUD. LAND-USE & ZONING The Clock Tower PUD is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of Professional Office (PO), and has a land-use designation of Professional Office (PO). 2 Date Prepared: April 14, 2005 Meeting Date: May 19, 2005 Ordinance 15,2005 and Resolution 54,2005 Date Prepared: April 14,2005 Meeting Date: May 19,2005 Ordinance 15,2005 and Resolution 54,2005 PROPOSED MODIFICATIONS i) Modification to Section 4 of Ordinance 25,1985 The applicant is proposing the following modification to said condition: ***** A hrther condition of the granting of the Planned Unit Development shall be that no business or profession shall be operated on the Planned Unit Development premises on a continuous twenty-four (24) hour basis, and that no more than hw&yag& 0 fifty-nine percent (59%) of the gross leaseable area of the Planned Unit Development shall be utilized for the purpose of the practice of medical and/or dentistry. The Growth Management Administrator may allow for the conversion of professional office use to medical use, provided that the code requirements for parking and traffic performance standards are met. The appropriate department of the City which issues occupational licenses shall monitor and enforce these provisions. ***** Parking and Traffzc Currently, the site has 60 parking spaces. Based on the proposed request the minimum number of spaces required by Code is 65 spaces. According to Section 78-345, Table 33, entitled “Required Off-street Parking Spaces”, relating to medical or dental clinic, a parking study can be provided as an alternative method by an applicant to demonstrate that overall parking demand is met. The applicant has submitted a parking study and traffic study, prepared by McMahon Associates, which indicate that no additional parking demand or negative traffic impacts will be generated by the proposed conversion. Additionally, staff conducted site visits during peak hours and peak season (two days during the week at alternate times) and counted an average of 33 vacant parking spaces and observed no parking problems associated with the site. The submitted traffic impact statement and parking study, which have been approved by the City’s Engineer, indicate that no additional trips or additional parking demand will be generated by the increase of 1,148 square feet of medical use. CITY COUNCIL On April 21, 2005, the City Council reviewed the subject petition on First Reading and voted 5 to 0 to pass this petition onto Second Reading. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 15, 2005 and Resolution 54, 2005 with conditions of approval contained therein. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 15,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING ORDINANCE 25, 1985 AND ORDINANCE 17, 1988 RELATING TO THE CLOCK TOWER PLANNED UNIT DEVELOPMENT (PUD) TO TRANSFER THE SITE PLAN APPROVAL AND RELATED CONDITIONS TO RESOLUTION 54,2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 19, 1985, the City Council adopted Ordinance 25, 1985 thereby approving the Clock Tower Planned Unit Development (PUD); and WHEREAS, on April 14, 1988, the City Council adopted Ordinance 17, 1988, thereby approving an amendment to the Clock Tower PUD to allow for tenant signage for the PUD; and WHEREAS, the City has received a request (MISC-04-48) by Dr. Michael Westcott, owner of Suite 201 of the Clock Tower Plaza, for an amendment to The Clock Tower Planned Unit Development (PUD) to allow for a modification to one condition of approval established in Ordinance 25, 1985, which approved the Clock Tower PUD, to allow for an increase in the approved percentage allocated for medical and/or dental use for the PUD; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is more appropriate that the site plan approval and the conditions related thereto be transferred to Resolution 54, 2005 of the City Council; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. ~~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: March 11,2005 Ordinance 15,2005 SECTION 2. Section 1 of Ordinance 25, 1985 is amended to read: The zoninq of the followinq described propertv known as the Clock Tower Planned Unit Development (PUD) is herebv desiqnated as a Planned Unit Development (PUD) Overlay with an underlving zoninq of Professional Office (PO): ++Phtwcd !J& LEGAL DESCRIPTION: LOTS 1 THROUGH 4, BLOCK 1. ACCORDING TO PLAT NO. 1, P.G.A. NATIONAL GOLF CLUB ESTATES, AS RECORDED IN PLAT BOOK 27, AT PAGES 206 AND 207, INCLUSIVE, IN AND FOR THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. Sections 2 through 6, inclusive, of Ordinance 25, 1985; and Section 1 of Ordinance 17, 1988 are hereby transferred to Resolution 54, 2005. The remaining sections of Ordinance 25, 1985 and Ordinance 17, 1988 shall be renumbered accordingly. Any future amendments to the development plans and/or conditions of approval shall be accomplished by resolution of the City Council. SECTION 4. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 2 Date Prepared: March 11, 2005 Ordinance 15, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of ,2005, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney FOR AGAINST ABSENT \\pbgsfile\Attorney\attorney_share\ORDINANCES\clock tower amendment - ord 15 2005.doc 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 54,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE CLOCK TOWER PLANNED UNIT DEVELOPMENT (PUD), WHICH IS GENERALLY LOCATED AT THE NORTHWEST INTERSECTION OF MILITARY TRAIL AND BURNS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO MODIFY ONE CONDITION OF APPROVAL ESTABLISHED IN ORDINANCE 25, 1985, WHICH APPROVED THE CLOCK TOWER PUD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 19, 1985, the City Council approved Ordinance 25, 2005, thereby approving the Clock Tower Planned Unit Development (PUD), which generally consists of 14,587 square feet of professional office space on approximately 1.0 acre; and WHEREAS, on April 14, 1988, the City Council adopted Ordinance 17, 1988, thereby approving an amendment to the Clock Tower PUD to allow for tenant signage for the PUD; and WHEREAS, the City has received a request (MISC-04-48) from Dr. Michael Westcott, owner of Suite 201 of the Clock Tower Plaza, for an amendment to the Clock Tower Planned Unit Development (PUD) to allow for a modification to one condition of approval established in Ordinance 25, 1985, which approved the Clock Tower PUD, to allow for an increase in the approved percentage allocated for medical and/or dental use for the PUD; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, by adoption of Ordinance 15, 2005, the City Council determined that the site plan approvals and related conditions for the Clock Tower PUD contained in Ordinance 25, 1985 and Ordinance 17, 1988 shall be transferred to this Resolution; and WHEREAS, the City Council has considered the evidence and testimony presented by the petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: March 11, 2005 Resolution 54, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The proposed amendment to the Clock Tower PUD development order is hereby APPROVED on the following described real property, subject to the conditions of approval provided herein: LEGAL DESCRIPTION: LOTS 1 THROUGH 4, BLOCK 1, ACCORDING TO PLAT NO. 1, P.G.A. NATIONAL GOLF CLUB ESTATES, AS RECORDED IN PLAT BOOK 27, AT PAGES 206 AND 207, INCLUSIVE, IN AND FOR THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. Said Planned Unit Development is approved subject to the following amended conditions, which shall be the responsibility of the applicant, its successors, or assigns: 2 Date Prepared: March 11, 2005 Resolution 54, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3 Date Prepared: March 11,2005 Resolution 54. 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. A further condition of the granting of the Planned Unit Development shall be that no business or profession shall be operated on the Planned Unit Development premises on a continuous twenty-four (24) hour basis, and that no more than twwQ+@4 0 fifty-nine percent (59%) of the gross leaseable area of the Planned Unit Development shall be utilized for the purpose of the practice of medical and/or dentistry. The Growth Manaqement Administrator may allow for the conversion of professional office use to medical use, provided that the Code requirements for parkinq and traffic performance standards are met. The appropriate department of the City which issues occupational licenses shall monitor and enforce these provisions. {Plannina & Zoninq) 2. A wall sign shall be permitted on the face of the building structure advertising the name of the business of each owner andlor occupant of each unit. %e +r: Ex4tb.14 ,, 7. All of the wall signs affixed to the building structure shall be reasonably uniform as to size, color lettering, and height level. {Planninq & Zoninq) &I I\ !I .. SECTION 4. Said Planned Unit Development shall be constructed in compliance with the following plans, as amended herein, and on file with the City’s Growth Management Department: 1. Site Plan prepared by Shepherd, Legan & Aldrian, Ltd., Architects, marked Job No. 85-518-01, dated December 16, 1985. 2. Landscape Plan prepared by Blakely & Associates, dated December 12, 1985. SECTION 5. All future amendments to the Clock Tower PUD shall be approved by resolution. SECTION 6. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. 4 Date Prepared: March 11, 2005 Resolution 54, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFlCl ENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN --~ --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --~ d \\pbgsfile\Attorney\attorney_share\RESOLUTlONS\clock tower amendment - reso 54 2005.doc 5 I U * ORDINANCE 25, 1985 ru October 15, 1985 November 18, 1985 December 19, 1985 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLAlWED UNIT DEVELOPtIENT ON CERTAIN LANDS LYING WITHIN THE CITY KNOWN AS "THE CLOCK TOWER" FRONTING ON MILITARY TRAIL WITH UNDER- LYING PERHITTED ZONING USAGE TO BE DESIGNATED AS CPO - COtMERCIAL PROFESSIONAL OFFICE DISTRICT, SAID LANDS BEING DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR PAYMENT BY OWNER OF SAID LANDS A SUI1 OF MONEY PAYABLE TO THE RECREATION BUILDING AND DEVELOPMENT FUND ACCOUNT OF THE CITY; PROVIDING FOR PAYtIENT OF ROAD IMPACT FEES; FURTHER, PROVIDING THAT SAID LANDS SHALL BE DEVELOPED PURSUANT TO THE SITE PLAN PREPARED BY SHEPHERD, REGAN & ALDRIN?, LTD., ARCHITECTS, MARKED JOB NO. 85-518-01, DATED DECEHBCR 16, 1985, \JIlICH IS ATTACHED HERETO AS EXHIBIT "B" TOGETHER WITH THE LANDSCAPING PLAN, PREPARED BY BLAKELY ti ASSOCIATES, DATED DECEMBER 12, 1985, ATTACHED HERETO AS EXHIBIT "C". FURTHER, PROVIDING THAT A BUILDING PERMIT SHALL I?6T BE ISSUED BY THE BUILDING OFFICIAL UNTIL FIUAL DRAINAGE PLANS FOR SAID COHPLEX HAVE BEEN APPROVED BY THE CITY EN- GINEER TOGETHER WIT11 OFF-SITE TRAFFIC IMPROVEMENTS AND ALL PERMITS REQUIRED TO BE ISSUED BY OTHER GOVERNMENTAL BODIES SHALL HAVE HAVE BEEN ISSUED, WITH COPIES TO BE DELIVERED TO THE BUILDING DEPARTHENT; AND, A PERFORMANCE BOND, LETTER OF CREDIT, OR CASH BOND IS FILED AND APPROVED BY THE CITY ENGINEER WHICH SHALL GUARANTEE CONSTRUCTION OF PAVING, DRAINAGE SAID PROJECT; AND, PROVIDING THAT WITHIN FIFTEEN (15) DAYS OF DATE OF APPROVAL HEREOF, THE FEE SIMPJS OWNER OF SAID LANDS DESCRIBED IN EXHIBIT "A" SHALL DEDICATE TO THE CITY BY A GENERAL WARRANTY DEED, PREPARED BY A LICENSED FLORIDA ATTORNEY, AND FREE AND CLEAR OF ALL LIENS AND ENCLRIBRANCES THE EAST 7 FEET OF SAID LANDS PROVIDING THAT WITHIN FIFTEEN (15) DAYS OF APPROVAL AND UTILITIES ON-SITE AND OFF-SITE PERTAINING TO TO BE USED FOR ROAD RIGHT-OF-WAY PURPOSES: AND, FURTHER, HEREOF, MENT WITH THE CITY, THE DEVELOPER SHALL ENTER INTO A WRITTEN AGREE- WHICH SHALL PROVIDE FOR THE MAIN- TENANCE AND IRRIGATION OF ALL LANDSCAPING TO BE PROVIDED BY THE DEVELOPER ON PUBLIC LAIJDS IN RECORDABLE FORM, WHICH SHALL REMAIN AS A COVENANT WITH THE LAIJDS DESCRIBED IX OF THE PMhD UNIT DEVELOPMENT, NO TENANT OR OWNER HOUR BASIS AND IJO MORE THAN 'NEW-EIGK PIiRW (282) OF THE GROSS LEASABLE AREA SHALL BE USED FOR MEDICAL OR DENTAL PURPOSES WHICH REQUIREMENT SHALL BE SET FORTH AS A RE- QUIRElfENT BY THE PROPOSED OWNER AND RECORDED IN TlIE PUBLIC ~ RECORDS OF PALN BEACH COUNTY, FLORIDA, AS COVENANT RUNNING ' WITH THE LAND; AND PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF OlUII?ANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. IN EXHIBIT "A". THAT AS A FURTHER CONDITION IN THE GRANT- SHALL CONDUCT BUSIIJESS ON A CONTINUOUS TWENTY-FOUR (24) ! BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM I BEACH GARDENS, FLORIDA: ! I Section 1. A Planned Unit Development known as The -- CLock Tower" fronting on Military Trail be and the same is hereby ' created upon the lands described in Exhibit "A" attached hereto with the underlying permitted zoning usage being designated as CPO-Comnercial Professional Office District. shall be developed in accordance with the Site Plan prepared by Shepherd, Legan & Aldrfan, Ltd., Architects, marked Job No. 85-518-01, dated December 16, 1985, and the landscaping Plan prepared by Blakely & Associates, dated December 12, 1985, attached hereto as Exhibit The lands described in Exhibit "A" and "C8' respectively. Section 2. The owner of said Planned hit Development or its succes- sors and assigns shall pay to the City of Palm Beach Gardens the sum of THREE THOUSAND THREE WRED 163,330.00) DOLLARS to be paid to the Recreation Building and Development Fund Account of the City at time of issuance of a Building Permit . I: 1'' .. Further, the sum of NINE THOUSAND SIX tUfNCJRED ($9,600.00) DOLLARS is hereby assessed against the Developer pursuant to the Road Impact Fee Ordinance of the City, which sum of mney shall be paid to the City upm 40 days written request of the City Manager or prior to the issuance of a Building Permit, depending upon which event first occurs. Section 3. Prior to the issuance of a Building Permit by the Building Official, the Petitioner shall provide a performance bond, letter of credit or cash bond in the sum of money prescribed by the City Engineer which shall guar- antee the completion of all paving, drainage and utilities on-site and off-site to said project, except for the provision in the next paragraph. tion shall be in requisite form and approved by the Cfty Manager. The documenta- Further, upon 40 days written request of the City Manager or prior to the issuance of a Certificate of Occupancy, depending upon which event first occurs, the Petitioner shall deposit with the City of Palm Beach Gardens, Florida, the sum of money determined by its Engineer and the City Engineer sufficient to construct a third traffic lane ~1 the west side of Military Trail frm Johnson Dairy Road to the south line of the intersection of Burns Road and Military Trail, with said construction meeting Department of Transportation standards. THOUSAND 1$35,000.00) DOLLARS. The sum of money required shall not exceed the sun of THIRTY-FIVE The City shall use said monies deposited for the -2- construction of said third lane either singularly or in conjunction with the County of Palm Beach improving said third lane of Military Trail from Johnson Dairy Road to north of Holly Drive. method in its opinion, to accmplish the constructicn of said inprovements. If construction costs by singular action exceed the sum of THIRTY-FIE THaUSAND ($35,000.00) DOLLARS, for the third lane from Johnsm Dairy Road to Burns Road, then any required additional monies shall be paid from Road Inpact Fee assessed and any monies remaining shall be returned to the Developer. The City shall use the most expeditious Section 4. Within fifteen (15) days of date of the adoption of this Ordinance, the Oeveloper shall dedicate to the City of Palm Beach Gardens, the East 7 feet of the described lands in Exhibit "A", which land shall be used as an additional right-of-way for Military Trail. by a General Warranty Deed free and clear of all liens and encumbrances and said title shall be certified by a licensed Florida attorney or title cowany. Also within said fifteen (15) day period, the Developer shall enter into an Agreement with the City, wherein the City shall grant an easement to the devel- oper on its canal property which is contiguous to the West line of the land described in Txhibit A", wherein the developer shall provide all landscaping materials together with an irrigation system, and decking as depicted in Exhibit "C", which shall be maintained and/or replaced by the developer or its successors or assigns. whereupon the Mayor and City Clerk are hereby authorized to execute said Agreement on behalf of the City. The Agreement then shall be recorded in the Public Records of Palm Beach County, Florida, and shall be a covenant running with the lands described in Exhibit ##An. Said conveyance shall be made The Agreement shall be approved by the City Attorney The City shall grant to the developer, its successors or assigns, 8 drainage easement through, across and under its canal and berm easement which is contiQUOuS with the west line of the lands described in Exhibit IOA". purpose of said easement is for drainage purposes only and all drainage improve- ments required to be made by the developer shall be installed and maintained underground. The -3 - W .' 1 . W A legal description of said easement grant is contained in Exhibit 'Do" attached hereto and made a part hereof. A further condition of the granting of the Planned U7it Development shall be that no business or profession shall be operated on the Planned Unit Development premises on a continuous twenty-four 124) hour basis, and that no more than twenty-eight 128x1 per cent of the gross leasable area of the Planned Unit Development shall be utilized for the purpose of the practice of medicine and/or dentistry. The appropriate department of the City which issues occupa- tional licenses shall monitor and enforce these provisions. These use restrictions shall be prepared in writing in recordable form and shall be filed in the Public Records of Palm Beach County, Florida, and shall be considered as a covenant running with the lands described in Exhibit "A ". Section 5. The City Clerk shall designate the change of zoning pro- vided herein by coloring or hatching upon the official zoning map of the City. Section 6. All plans of development fn said Planned Unit Development shall be CWl8ted within three (31 years from effective date hereof, and the developer may obtain an additional one (1 I year for good cause shown with approval thereof to be by a subsequent Resolution. Section 7. All references made to Petitioner and/or Developer together with all requirements provided herein shall apply to and be binding upon its heirs, legatees, Personal Representati yes, successors and assigns. Section 8. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Sectfon 9. This Ordinance shall be effective UPM date of passage. PLACED aV FIRST READING THIS TE 17th DAY OF OCTOBER, 1985. PLACED W SEClY40 READING THIS 19th DAY OF DECEMER, 198s. PASSED AN0 ADOPTED THIS 19th DAY OF DEEMER, 1985. -4- .- I ).. ‘.. I - ._ MAYOR COUNC IT3 W? ATTEST : -5- APPROVED AS TO FORM AND v Y d.,. EXHIBIT "A" Lots 1 through 4, Block 1, According to Plat No. 1, P.G.A. National Golf Club Estates, as recorded in Plat Book 27, at pages 206 and 207, inclusive, in and for the public records of Palm Beach County, Florida. Subject to rights-of-way, easements and other matters of record. J ORDINANCE 17, 1988 L' March 16, 1988 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS , FMRIDA, MENDING ORDINANCE 19 , 1985, WHICH CREATED THE "CLOCK TOWER". A PLANNED UNIT DEVELOPMENT, BY PERMITTING ONE (1) WALL SIGN ON THE BUILDING STRUCTURE ADVERTISING THE NAME OF THE BUSINESS OF EACH OWNED AND/OR TENANT THEREOF; AND, PROVIDING FOR THE REPEAL OF ANY PART OF THE PALM BEACH GARDENS CODE IN CONnICT MENT PROVIDED HEREIN; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. HEREWITH AS SAME PERTAINS TO THE AMEIJD- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALEl BEACH GARDENS, FLORIDA: Section 1. Ordinance 19, 1985, which created the "CLOCK TOWER", a Planned Unit Development is hereby amended, which amend- ment is hereby adopted as follows: "A wall sign shall be permitted on the face of the building structure advertising the name of the buiness of each owner and/or occupant of each unit. erected shall be in conformance with the proposed typical sign set forth in Exhibit "A" attached hereto. All of the wall signs affixed to the building structure shall be reasonably uniform as to size, color lettering and height level. I' Section 2. The sign Any part of the Palm Beach Gardens Code in conflict with the aforesaidet is hereby repealed. Section 3. This Ordinance shall be effective upon passage. PLACE ON FIRST READING THIS /7 DAY OF MARCH, 1988. PLACED ON SECOND READING THIS /yo DAY OF 4 # 7 -/ 'P7A// VICE-MAYOR CO CX IAN ATTEST : date 1388 ,igm of RESPONSIVE TRANSPORTATION SOLUTIONS PRINCIPALS: Joseph W. McMuhon, P.E. Rodney P. Plourde, Ph D., P.E. Joseph I. DeSunti3, P.E., P.T.O.E ASSOCIATES: John S. DePalma Casey A. Moore, P.E. William T. Steffetis Keith A. Bergman, P.E. Gary R. McNaughton, P.E., PT.0.E. John J. Mirchell, RE. Christopher J. Willtams, PE February 2 1,2005 Revised: February 23,2005 Dr. Michael Westcott 3 1 11 45 Street, Suite 7 West Palm Beach, FL 33407 RE: Traffic Impact Statement - Clock Tower Office Building McM Project No. M03660.00 Dear Dr. Westcott: McMahon Associates, Inc. (McM) has prepared this traffic impact statement for the conversion of Suite 201 in the Clock Tower condominium office building fiom general office to medical office. The Clock Tower condominium office building includes approximately 14,587 square feet and contains 13 office suites. It is located at 10625 Military Trail within the City of Palm Beach Gardens. The conversion of Suite 201 will change the existing land use of 7,478 square-footage medical office and 7,109 square-footage general office to 8,626 square feet of medical office and 5,961 square feet of general office. McM has prepared this traffic impact statement, in accordance with the Palm Beach County Traffic Performance Standards (TPS). This traffic impact statement includes trip generation tables showing the daily, AM, and PM peak hour trips associated with this conversion. The number of net new peak hour trips shows that the proposed change in the usage of Suite 201 will not generate any additional peak hour trips. Project Trip Generation The daily and peak hour trip generations are based on the formulas in Article 15 of the Palm Beach County Unified Land Development Code (ULDC). The daily trips are provided in Table 1 and the AM and PM peak hour trips are provided in Table 2. The resulting net new trips based on the difference between the proposed land usage and the existing land usage is 15 for the daily, -1 in the AM and PM peak hour. The number of peak hour net ne that the conversion of Suite 201 from general office to medical office will increased impact. Therefore, this project does not have a significant impact roadways. Dr. Michael Westcott February 21,2005 Revised February 23,2005 Page 2 TABLE 1 DAILY TRIP GENERATION CHARACTERISTICS Proposed Land Uses Medical Office 1 Difference I 1. Daily trip generation and pass-by based on Palm Beach County Article 15: Medical Ofice based on 36.13 trips per 1000 square feet with 5% pass-by rate General Oftice based on 22.60 trips per 1000 square feet with 5% pass-by rate Dr. Michael Westcott February 2 1,2005 Revised February 23,2005 Page 3 TABLE 2 AM AND PM PEAK HOLJR TRIP GENERATION CHARACTERJSTICS Medical Office Difference 0 0 1 -1 1 1. All peak-hour trips, pass-by rates and Idout distribution were calculated using the Palm Beach County Article 15 formulas. Land Use 720 (Medical-Dental Ofice Building) 7th Edition AM trips at rate of 2.48 trips per 1000 square feet (In: 79% Out: 21% with 5% pass-by) PM trips per equation: Ln (T) = 0.93*Ln (X) + 1.47 (In: 27% Out: 73% with 5% pass-by) Land Use 710 (General Oftice) 7th Edition AM trips per equation: Ln (T) = 0.80*Ln (X) + 1.55 (In: 88% Out: 12% with 5% pass-by) PM trips per equation: Ln (T) = 0.74*Ln (X) + 1.83 (In: 17% Out: 83% with 5% pass-by) Where X-1000 square feet Gross Floor Area and T=number of trips 2. A negative value indicates a reduction in impact. I* Dr. Michael Westcott February 21,2005 Revised February 23,2005 Page 4 Conclusion McM has reviewed the potential traffic impacts associated with the replacement of 1,148 square foot general office with medical office in Suite 201 of Clock Tower condominium office building, which will cause a conversion of the total existing land use from 7,478 square-footage medical office and 7,109 square-footage general office to 8,626 square feet of medical ofice and 5,961 square feet of general office, in accordance with Palm Beach County TPS. The analyses show that the proposed project does not have a significant impact on the surrounding roadway network. Therefore, this project meets the requirements of Palm Beach County TPS. McM recommends that the proposed conversion of Suite 201 in the Clock Tower condominium office building from a general office to a medical ofice be approved. - -_ John P. Kim, ?.E. Professional Engineer License No. 62400 State of Florida, Board of Frofessional Engineers Certificate of Authorization No. 4908 F:WL\03 660rn\03 660m~OO\IrnpactStatementWeb2005~tr Rpt-JJfD22 105 .doc March 24,2005 Ms. Judy A, T, Dye, P.E. Assistant City Engineer City of Palm Beach Gardens - LBFH tnc. 3550 S.W. Corporate Pkwy. Palm City, FL 34998 RE: Clock Tower Office Building, Suite 201 - Revised Land Use TwFFIC FERFoRhibkNCE S2%3&OARDS REV"IEW Dear Judy. The Palm Beach County Traffic Division has received the traffjc report for the wised change in land use for the project entitled; Clock Tower Office Bulding, SuMe 201. pursuant to the Traffic Performance Standards in Article '12 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: 10625 Military Trail Municipality: Palm Beach Gardens Existing Uses: 7,478 SF Medrcai Office, and 7,1C9 SF General Office Proposed Uses: Conversion of 1,148 SF Existing General Office to Medical Office New Daily Trips: 16 New PH Trips: Trip Reduction Build-out: 20% Based on our review, the Traffic Division has determined that the proposed change in land use generates no new peak hour traffic, and therefore meets the Traffic Performance Standards of Palm Beach C~unty, No building permits sre to be issued by the town, after the build-out date, specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have any questions regarding the above comments, piease contact me at 684- 4030. Sincerely, OFFICE OF THE /m, Masoud Atefi, tv8 CONSULlING 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 (772) 286-3883 Fax (772) 286-3925 www.lbfh.com MEMORANDUM TO: Autumn Sorrow FROM: Judy A. T. Dye DATE: March 28,2005 FILE NO. 04-4400 SUBJECT: Clock Tower Office Building Traffic Performance Standards Review The Palm Beach County Traffic Division has completed their review of the Traffic Performance Standards Review dated February 23, 2005, prepared by McMahon Associates, Inc. pursuant to the Palm Beach County Traffic Performance Standards and the City of Palm Beach Gardens Land Development Regulations for the above referenced project. The Palm Beach County Traffic Division has determined that the proposed change in land use generates no new peak hour traffic, and therefore meets the Traffic Performance Standards. A copy of the Traffic Division’s comment memorandum dated March 24, 2005 is attached. We previously forwarded comments from the City’s traffic consultant, MTP Group, Inc., on March 2,2005. If you have any questions or require additional information, please do not hesitate to contact me at (772) 286-3883. JATDhcl cc: Tala1 Benothman - PBG (tbenothman@pbgfl.com) (w/out attachment) Maria Tejera - MTP Group - (mtpnroup@,earthlink.net) (w/out attachment) Masoud Atefi - PBCTD (matefi@co.palm-beach. fl.us) (w/out attachment) Gerard A. Osborne, P.E. - McMahon & Associates, Inc. (gerard.osborne@,mcmtrans.com) (w/out attachment) \\pbgsfile\Growth_Management\Planning_and_Zoning\asorrow\Proj ects\Clock Tower\4400g.doc - c , City Council Regular Meeting, 11/21/85 Page 11 ORDINANCE 25, 7 Mayor Monroe declared the Public Hearing open, which was duly advertised October 28, 1985, and held on the intent of Ordinance 25, 1985, providing for the creation of the "Clocktower" PUD, with underlying zoning of PO- Cmercial Professional Office District Zoning, on a .941-acre parcel on the west side of Military Trail, adjacent the Municipal Complex, per the peti- tion of Swartz-Passi Development Co., Inc.. e Mayor Monroe re-referenced a parking study prepared by the City's Adminis- trative Planning Coordinator on the existing "Sun Building" on the northeast corner of Military Trail and larch Avenue and an excerpt of the CMmunity Builders Handbook published by the Urban Land Institute on recomnended parking requirements; and offered that per these, the "Clocktower" pro- fessional office project, as now-proposed with a limitation of 60% of the gross leasable area utilized for the purpose of practicing medicine and/or dentistry, would be deficient 23 parking stalls (59 spaces would be needed for the medical/dental offices, and 27 would be needed for the balance; the proposed plans include 63 paved). Architects Joseph Legan & Corey Cross and Developers/Applicants Leo Passi & Earl Swartz participated in the discussions on the Council's consideration of approval of this project. During the lengthy deliberations, the majority of the Council members recognized the outstanding architectural elevations of the project; but expressed objection to its fntensity (i .e., the height, lot coverage/open space, and/or setbacks ) and/or deficiency in parking stalls. Martino was in favor of the project, as proposed with concessions dis- cussed at prior Council meetings incorporated. Councilman Members of the general public did not address the Council re: their con- sideration of adoption of Ordinance 25, 1985. Mayor Monroe declared the Public Hearing closed. I City Council Regular Meeting, 11/21/85 Page 12 -' Mr. Legan requested he be afforded an opportunity to discuss the concerns of Council members with his clients, Messrs. Passi and Swartz. wranimous vote of the Council, they recessed their consideration of Ordinances 25 and 26, 1985; and continued on with the balance of the Ordinances on the published agenda for the current meeting. By a ORDINANCE 27, v Subsequent to discussion of the Council, a motion was made by Councilman Feeney, seconded by Councilman Martino, the City Clerk read Ordinance 27, 1985, on first reading, in full, with the following amendments: - 1. The word %oliday" inserted between the words "significant1' and "eventn in the ninth line of the heading paragraph. 2. The word nholidayrl inserted in the stead of the days of "Thanksgiving and Christmas" in the sixteenth line of the heading paragraph and the fourth and fifth lines of Section 5. 3. The word "holiday" inserted between the words Wgnificant" and "events" in the seventeenth line of the heading paragraph. 4. The word "holiday" inserted between the words "various" and "events" in the first line of the third '1WHER€A5" paragraph. 5. The days of Vhankspiving and Christmas" deleted from the second and third lines of the third 'W/EREASn paragraph. 6. The word llholidayll inserted between the words Wgnificant" and "events" in, the fourth and fifth lines of the paiagraph of Section 2. and the first and second lines of sub-paragraph A. of Section 2., and the third line of sub-paragraph B. of Section 2. Mr. Joseph Legah and Mr. Cory Cross of Leqan, Shephard and Aidrian Urchi:xtj addresseu the Couricll with regard to their project, "The Clocktower". Council they have made E nunber of anenhents to their plans. the amendnents included making t!,? building smaller, making the building shorter in vertical height at it's highest points, add parking and increase the amount of landscaping on site. taken 1500 gross square feet from the building, part of which was removed by reducing the width of the building along it's entire length by 2 feet. 8y doing this, since it is a pitched roof, narrowing the building lowers the roof line slightly. changed from a 7 to 12 pitch to a 6 to 12 Ditch. peak of the roof is now 33 feet. removed from the end unit of the building. added an additional parking space, since when they shortened the buildinq, now providing spaces for 65 cars. There are 2 corner spaces on each side of the building which Mr. Cross staced would not be paved, but held for future parking spaces. Vice Mayor Uiselewski stated he was concerned with the way things were beinp represented in the plans. He pointed out the street side elevation depicting Vision I buildings are shown as being just 8 few feet shorter then the Clocktower bdldinp. however, they have stated the Clocktower roof ridge line is 33 feet when Vizion I is 21 feet. much building for the site. happier with the revised product and it has met most of his objections at least part way. Mr. Legan stated since their last meeting with the Some of Mr. Cross stated they have The pitch of the roof has been The heighth at the The remaining square footage was Mr. Cross stated they have Vice Mayor Kiselewski felt there was still too Councilmar: Aldred stated he was much He felt the ratio of parking has improved, and if City Council Workshop Meeting 12/12/85 Page J' the parking were put in at the corners ft would soften the visuel fmege. Mayor MOnroa questioned whether any fill would bs needed, end It WEIS determined if there would it would be a nominal amount. Meyor Monroe felt she would like this jetermined before final approval since it wuld effect the native trees that may need tree wells. Mayor Monroe stated she too felt better about the project, however, she would have preferred a little more of the building to go, and was still concerned with the use of the lend and what is hapoening on Military Trail. Councilman Martfno felt this project would be an asset to the City. Attorney Brant stated the next step would be a second and final reading at the next meeting, which would include the mendnent to the Comprehensive Land Use Plan. He further added he would need copies of the amended plans and copies of the improvements to Military Trail. Manager stated Mr. Legen was to check with the County's Engineer Department to see if plans for Military Trail improvements had been drawn up and the City would need some clear decision to be made as part of the PUD to insure the third lane would be put in from the project to Burns Road. He added we did not want a verbal comittment, but needed something in writing, and would be included in the Ordinance. The Council decided they did not want the building on site donated to the City, but did reqcest that the City be allowed to look over the material to see if there was anything they could use. a The City e ORDINANCE 26, 1985 Mayor Monroe stated Ordinance 26, 1985, has been discussed with the above itm. City Council Regular Meeting, 12/19/85 \ Page 5 ORDINANCE 25, - Mayor Monroe declared the Public Hearing open, which was duly advertised December 2, 1984, and held on the intent of Ordinance 25, 1985, providing for the creation of the **Clocktower" PUO, which underlying zoning of CPO- Comnercial Professional Office District , proposed by Swartz-Passi Develop- ment Company, Inc., to be located on a .941-acre parcel on the west side of Military Trail, adjacent to the Municipal Conpolex. - - x Architects Joe Legan and Cory Cross addressed the Council representing the applicants reviewing those modifications made to the plans for this project, pursuant to the discussions at the Council Is meetings of November 21 , 1985, and December 12, 1985, including: reducing the gross floor area of the buildings to 14,889 square feet; increasing the southern side yard set- back to 31'; narrowing the second floor of the building by 2'; lowering the roof line by 3'; relocating the loading dock; adding an additional parking stall; providing for additional landscaping. If necessary, tree wells will be used in full implementation of their tree preservation program. The City Manager noted that the developer is being required to provide for the installation of a center stacking lane on Military Trail, per State DOT specifications, beyond the point the project will directly impact fi.e., north and south of the project's boundary lines). majority of the members of the Council concurred, that if the cost of the inprovements, fncluding engineering fees, exceeds $35,000., any required additional mnies be paid frm the $9,600 required pursuant to our Fair Share Contribution for Roadway Inprovements Ordinance and any monies remaining be returned to the developer. He recmended, and the Mr. Dennis Stevenson of James E. Neuhaus, Inc. reported that per his meeting with Mr. Charlie Walker of the Palm Beach County Traffic Division, the intention was to build mly the third lane on Military Trail; but to master plan the design of the bridge south of Burns Road, so it was expandable to the ultimate section. City Council Regular Meeting, 12/19/85 Page 6 \ With no further merits frm members of the audience, the Mayor declared the Public Hearing closed. Vice Mayor Kiselewski shared with the representatives and other members of the Council photographs he prepared demonstrating the general mass and loca- tion of the proposed project in relationship to the surrounding area. A motion was made by Councilman Aldred, seconded by Councilman Feeney, the City Clerk read the Oecember 19, 1985 draft of Ordinance 25, 1985, by title only, cn second and final reading, with the following modifications incorporated: (1 1 The amount of VW.ENTY-EIGHT (28%) PER CENT" be inserted in the stead of 5IXTH f60%1 PER CENT" in the 46th line of the heading paragraph and the first sentence of the fourth paragraph of Section 4. (21 The Road Inpact Fee to be payable to the City Y~pon 40 days written request of the City Manager or prior to the issuance of a Building Per- mit, depending upon which event first occurs. m in the second paragraph of Section 2. (31 The second paragraph of Section 3. to read: "Further, upon 40 days written request of the City Manager or prior to the issuance of a Certificate of Occupancy, depending upon which event first occurs, the petitioner shall deposit with the City of Palm Beach Gardens, Florida, the sum of money determined by its Engineer and the City Engineer sufficient to construct a third traffic lane on the west side of Military Trail from Johnson Dairy Raod to the south line of the intersection of Burns Road and Military Trail, with said construction meeting Department of Transportation standards. required shall not exceed the sum of THIRTY-FIVE THOUSAND ($35,000.00 1 The sum of money City Council Regular Meeting, 12/19/85 Page 7 DOLLARS. of said third lane either singularly or in conjuction with the County of Palm Beach improving said third lane of Military Trail from Johnson Dairy Road to north of Holly Drive. tious method in its opinion, to accomplish the construction of said improvements. of THIRTY-FIVE THOUSAND 1$35,000.00~ DOLLARS, for the third lane from Johnsm Dairy Road to Burns Road, then any required additional monies shall be paid from Road Inpact Fee assessed and any monies remaining shall be returned to the Developer. The City shall use said monies deposited for the construction The City shall use the most expedi- If construction costs by singular action exceed the sum Vote on motion: Mayor Monroe, Councilman Aldred, Councilman Feeney, and Councilman Martino voted aye; Vice Mayor Kiselewski voted nay. By a vote of four ayes and one nay, the City Clerk read Ordinance 25, 1985, by title only, on second and final reading, as modified. A motion was made by Councilman Aldred, seconded by Councilman Feeney, Ordinance 25, 1985, be adopted by the Council, as modified. Mayor Monroe, Councilman Aldred, Councilman Feeney, and Councilman Martino voted aye; Vice Mayor Kiselewski voted nay, as he felt the project is too massive for the site. Ordinance 25, 1985, was adopted by the Council, as modified, by a vote of four ayes and one nay. Vote on motion: ORDINANCE 28, The Mayor declared the Public Hearing open, which was duly advertised October 28, 1985, recessed at the Regular Meeting of November 21, 1985, and held on the intent of Ordinance 26, 1985, amending the City's Comprehensive Land Use Plan/Map providing for the zoning approved via Ordinance 25, 1985. r d Members of the audience did not address the Council. Mayor Monroe declared the Public Hearing closed. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum 1 Date Prepared: May 2, 2005 Meeting Date: May 19, 2005 Resolution 51, 2005 SubjectlAgenda Item: Consider approval of an Agreement with Wendy M. Ross for design, construction, and installation of four artworks for the PGA Flyover Towers in the amount of $250,000.00 (Project 2002-01 8). [ X ] Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: / City Attorney 2% inistra r Department Administrator Originating Dept.: Angela Wong Community Services Department Advertised: Date: Paper: [ ] Not Required Affected parties [ ]Notified [ ] Not required Costs: $250,000.00 (Total) $250,000.00 Current FY Funding Source: [ X ] Operating [ ]Other Budget Acct.#: 304-1400-51 5.6900 Art Impact Fund Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: PGA Blvd. Conceptual Resolution 51. 2005 Exhibit A: Call To Artist - Bid No. 2004-004 Ross’ Proposal and Rendition Exhibit C: Agreement with Wendy M. Ross Exhibit B: Wendy [ ]None Date Prepared: April 29, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 51,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WENDY M. ROSS FOR THE DESIGN, FABRICATION, AND INSTALLATION OF FOUR SCULPTURES TO BE LOCATED ON STATE ROAD NO. 786 (PGA BOULEVARD); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to install four sculptures on State Road 786 (PGA Boulevard) for the purpose of providing art to the general public; and WHEREAS, the City issued a Call to Artist (Bid Number 2004-004) for the purpose of commissioning an artist to design, construct, and install such artworks, which is attached hereto as Exhibit “A; and WHEREAS, the City received a proposal from Wendy M. Ross, attached hereto as Exhibit “B,” and wishes to have these four artworks designed, constructed, and installed based on such proposal; and WHEREAS, the City wishes to enter into an agreement with Wendy M. Ross to provide such services, which agreement is attached hereto as Exhibit “C”; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Agreement with Wendy M. Ross in an amount not to exceed $250,000.00, and authorizes the Mayor and City Clerk to execute such agreement with Wendy M. Ross. The City Council further authorizes the City Manager to take all actions necessary to complete the project in a timely manner, including, but not limited to, approval to make all expenditures necessary to complete the project, provided that the amount of such expenditures does not exceed the total amount allocated for the project. SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: May 2, 2005 Resolution 51,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- G:\attorney-share\RESOLUTlONS\Award to Wendy Ross - reso 51 2005.doc J 2 Date Prepared: April 29, 2005 Meeting Date: May 19, 2005 Resolution 51, 2005 EXHIBIT ‘‘A’’ Call To Artist for PGA Blvd. Tower Sculptures Bid No. 2004-004 J CALL TO ARTISTS FOR PGA BOULEVARD FLYOVER TOWERS Bid No. 2004-04-01 8 March 7,2004 Y: Prepared By: Joel Straus Consulting, Inc. in cooperation with The City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 k CITY OF PALM BEACH GARDENS, FLORIDA 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FL 33410 CALL TO ARTISTS PUBLIC ART PROJECT REQUEST FOR PROPOSALS for PGA BOULEVARD FLYOVER TOWERS L PROPOSAL NO. 2004-04-01 8 The City of Palm Beach Gardens is in search of an artist to design, fabricate, and install four separate outdoor sculptures, art pieces, or aesthetic enhancements to be placed on four (4) concrete towers currently being constructed on State Road No. 786 (PGA Boulevard overpass) by the Florida Department of Transportation (FDOT). The selected artist will design art works which can be viewed from several different vantage points as specified in the FDOT Contract Plans. Each sculpture should be conceptually unique, but all of the sculptures should ultimately be related to create one work. Artists are encouraged to incorporate light and and/or kinetic elements. The budget for the project is $250,000 and covers all costs associated with the project including artist fee, design, fabrication, lighting of the project, construction, installation, traveVtransportation. The successful Artist will have demonstrated through the submission of proposal materials, the capability to successfully complete the project with an innovative approach to the interior and exterior space. Forms must be obtained by calling the City Clerk's office at (561) 799-4122. All proposals not submitted on the required forms will be subject to rejection. Proposals must be signed in ink in the space(s) provided on the Proposal Form(s). The proposals shall include all information requested on the form(s). Sealed proposals must be received on or before May 3, 2004 at 2 p.m., (Local lime), at the office of the City Clerk, 10500 N. Military Trail, Palm Beach Gardens, Florida 3341 0. Normal City business hours are 8:OO a.m. to 5:OO p.m., Monday through Friday, except holidays. Any proposal received after the specified time will not be considered. The Proposer is solely responsible for ensuring the proposal is received on or before the deadline. On the package containing the proposals shall be written in large letters: Proposal For: To Be Opened: PGA BLVD. FLYOVER TOWERS CALL TO ARTIST Mav 3,2004,2 D.m. All proposals will be opened in the City Council Chambers at 2 p.m., May 3, 2004. It is agreed by the Proposer that the signing and delivery of the proposal represents the Proposer's acceptance of the terms and conditions of the Specifications. The City of Palm Beach Gardens reserves the right to reject any or all proposals, in whole or in part, with or without cause, to waive any informalities and technicalities, and to award the Contract on such coverage and terms it deems will best serve the interest of the City. Criteria utilized by the City of Palm Beach Gardens for determining the most responsible Proposer includes, but is not limited to, cost, whether the bidder meets the City of Palm Beach Gardens published Specifications, the Proposer's experience, skill, ability, financial capacity, and any other factor which could reasonably be asserted as being relevant to successful performance. Any questions regarding this RFP should be directed in writinq to: Jennifer Mikulski City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Fax (561) 799-4134 Publish Date: Sunday, March 7, 2004 The Palm Beach Post PROPOSAL#2004-04-018 Call To Artists - PGA Flyover March 7,2004 2 PROJECT SUMMARY Project: PGA Boulevard Overpass Towers Location: Budget: State Road 786 (PGA Boulevard) east of 1-95 $250,000 for the design, fabrication and construction/installation of artwork, amenities and enhancements. BACKGROUND City of Palm Beach Gardens The City of Palm Beach Gardens is residence to over 35,000 people and is located on the southeast coast of Florida, approximately 10 miles north of West Palm Beach. The City is undergoing rapid growth and anticipates its population will increase to around 50,000 by the year 2010. Art in Public Places Ordinance The city has had in place its Art in Public Places ordinance since 1988. This ordinance requires that all non-residential developments over $1 -million in total development cost provide a percentage of the development cost to public art, or contribute to the City's art fund. From the art fund, the Art Advisory Committee is authorized to make recommendation to the City Council to purchase works of art for public spaces in and around the city. Project Consultant Joel Straus Consulting (JSC) was selected by the City of Palm Beach Gardens (PGA) to oversee management of the most recent Art in Public Places project, the PGA Flyover Sculpture Commission. JSC is a Chicago-based art consulting firm that specializes in curating and developing national and international public art programs. Art Advisory Committee The Art Advisory Committee is comprised of City residents from a variety of professions, all with a strong interest and commitment to public art. The Committee is comprised of: two (2) artists, one (1) architect, one (1) attorney, one (1) banking executive, one (1) sculpture fabricator and maintenance expert, and one (1) art teacher/photographer. PROJECT SCOPE The City of Palm Beach Gardens is in search of a artist to design, fabricate, and install four separate outdoor sculptures, art pieces, or aesthetic enhancements to be placed on four (4) concrete towers currently being constructed on State Road No. 786 (PGA Boulevard overpass) by the Florida Department of Transportation (FDOT). The selected artist will design art works which can be viewed from several different vantage points as specified in the FDOT Contract Plans. Each sculpture should be conceptually unique, but all of the sculptures should ultimately be related to create one work. Preference will be given to concepts that incorporate light and and/or kinetic elements. PROPOSAL#2004-04-018 Call To Artists - PGA Flyover March 7,2004 3 BUDGET The total not-to-exceed budget for the commission for all four sculptures is $250,000 The budget includes artist fees, gallery commission (if applicable), all materials, lighting of the project, fabrication, transportation, on-site project management, installation, installation equipment, engineering fees, insurance fees, all artist travel costs to the site, and all fees associated with the sculptures. ARTIST ELIGIBILITY Open to all Artists at least 18 years old. Students are not eliqible. Artists must be able to demonstrate through the submission of proposal materials, a proven tract record for having successfully integrated artwork and/or amenities into buildings, and/or plazas utilizing the materials necessary to meet the project goals and guidelines provided below. PROJECT GOALS The goal of the project is to commission artwork for PGA Boulevard that: (I) Are of an original, site specific design. (2) Provide the opportunity for area residents, visitors and employees to experience innovative and engaging works of public art that also function as public amenities and enhancements. PROJECT GUIDELINES The artwork, amenities and enhancements must: (I) Be fabricated in materials that will withstand the heat, humidity, wind, drought and other environmental and climatic conditions common to the region as specified by regulatory codes. (2) Have an anticipated, 50 year life span. (3) Have minimal maintenance requirements. (4) The artwork amenities and enhancements shall comply with all Federal, State and local rules, regulations, ordinances, guidelines and/or directives. SUBMISSION CHECK LIST To be considered for this project, the following items must be included in the preliminary submissions: (1) Application Form: Complete, sign and date application attached. (2) Artist Resume: A current resume emphasizing public art experience including budget (3) Slides in Sheet: Not to exceed 20 (twenty), 35 mm slides (per artist), slides to be size of past projects. labeled with index number, artist name, title, date, dimensions, medium, and orientation. Please complete attached “Slide List Form” to be submitted with proposal. CD Rom Option (in lieu of 20 slides): Not to exceed 20 images, images should be in a MS Power Point TM presentation format with numbers and titles corresponding to the slide sheet list below. (4) Corresponding Slide List: Number of slide, artist name, title, dimensions, medium and price (even if sold or unavailable), and indication of availability. (5) Preliminary Concept Drawings: It is at the Artist’s discretion to submit no more than five drawings to illustrate a preliminary proposal and design concepts. Bonus points shall be awarded for submitted drawings that demonstrate exceptional aesthetic quality. PROPOSAL#2004-04-018 Call To Artists - PGA Flyover March 7,2004 4 Every sheevdocument should be labeled with name of appl cant. Collate in exact order, using 8-1/2 x 11 sheets: i Application form ~ ~ Artist Resume Slides in Sheet Corresponding Slide List All slides must be labeled in accordance with the ab Submissions must be complete for consideratio The scale of the sculpture suggests that artwork be pproximately 10' H x 7' x 7'. Selection for Proposal development will be based o the portfolio submitted and concept drawings. Preference shall be given to qualified Florida residehts. ." Please note: 1, SUBMISSION INSTRUCTIONS One original and eight copies of the preliminary 2:OO p.m. E.S.T. on May 3, 2004. Submissions be returned to Artist unopened. Please send submissions must be delivered by ered by the time and date specified will City of Palm Beach Gardens City Clerks Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 The selection process will occur in two phases. In the first hase, the Art Advisory Committee will review the submission material requested and select no re than five semi-finalists. In the second phase, the semi-finalists will present an in-person, models, or other materials which will illustrate the proposal including images, scale to the Committee. An PROPOSAL#2004-04-018 Call To Artists - PGA Flyover March 7, 2004 SELECTION PROCESS 5 itemized budget must also be included in the proposal. Each semi-finalist that makes a live presentation will receive an honorarium of $3,000.00 for materials, transportation and lodging for site visits and presentation of the proposal, and any other costs associated with the proposal. Following the presentations, the Committee will select a finalist. The finalist’s proposal will be reviewed by the Art Advisory Committee for comment and then recommended to the City Council for approval. SEMI-FINALISTS’ REQUIREMENTS Semi-finalists will be required to make a live presentation of their proposal to the Art Advisory Committee on July 19, 2004. Presentation materials must be delivered to the City Clerks Department that day and need to include: (1) Conceptual Approach: Three-dimensional model, detailed drawings or other depiction as specified by the Project Consultant. (2) Written Statement: A typewritten proposal that specifies how the conceptual approach relates to the site and how the artwork, amenities and/or enhancements address site needs. (3) Material List: A list of proposed materials to be used to complete the project. (4) References: Name, address, telephone number and e-mail address (if known) of three references who have commissioned Artist on a similar- or large-scale project. (5) SASE: An appropriately sized self-addressed, stamped envelope, mailing tube, carton, etc. for return of proposal materials. FINALIST’S REQUIREMENT The finalist will be required to perform the work under contract with the City of Palm Beach Gardens, a sample of which is attached hereto and incorporated herein as Exhibit 10. Prior to contract execution, the finalist will be required to seek input from the City’s Project Consultant, and to meet with a City of Palm Beach Gardens Project Manager to develop a detailed plan, budget and timeline based on the proposal presented. The contract fees, time frame, installatiotdconstruction requirement will be negotiated between the finalist and the City. Regardless of the foregoing, the Finalist shall be required to comply with the contract terms including, but not limited to insurance and permit requirements. Upon execution of contract, a Notice to Proceed (“NTP”) will be issued. SELECTION CRITERIA In the Preliminary Review Phase, a combined scoring system of passlfail and points will be utilized to select up to five semi-finalists based on the following criteria: 1. 45 points Aesthetic quality and innovation 2. 40 points Experience and competence in similar scaled commissions 3. 15 points References 4. 15 Bonus points aesthetic quality of Preliminary Concept Drawings 5. 5 Bonus points Florida resident In the Final Review Phase, a point-based scoring system will be utilized to select a finalist for recommendation to the City Council. Scores will be based on the following criteria as demonstrated in the presentation, proposal materials and through reference check. 1. 40 points Aesthetic quality and appropriateness for the location site 2. 20 points Experience in similar commissions 3. 20 points Quality and Reasonability of cost and fee evaluation materials PROPOSAL#2004-04-018 Call To Artists - PGA Flyover March 7. 2004 6 4. 20 points Suitability and durability of materials and potential impact for future maintenance issues The City is not required to select semi-finalists nor is it under any obligation to select a finalist or bring the project to completion if in the City’s sole judgment, Artists or proposals do not meet eligibility requirements, project goals and/or guidelines. The City has the right to reject any proposal, at any time beginning with the selection process through to installation on the grounds that the proposal or artwork, amenities or enhancements appear to have a fault in fabrication; pose a safety hazard including but not limited to standards as defined by OSHA; are fraudulent or non- authentic; require special maintenance or landscaping other than which had been previously identified and agreed to by the City; does not meet project goals and guidelines. Any substantial deviations from the Finalist’s approved design must be approved by the City Council. SELECTION PROCESS TIMELINE This timeline is subject to change without notice. ; 1 March 7.2004 I Call to artist notification May 3,2004 May 2004 Evaluate entries May 24,2004 June 2004 July 19, 2004 Deadline to receive entries Selection of semi-finalists’ proposals Production (see “Semi-finalists’ Requirements”) Semi-finalists’ Proposals due with presentations to Art Advisory Committee Artist selection recommendation by Art Advisory Approve Artist contract by City Council August 5,2004 Committee September 2, 2004 CONTACT INFORMATION For further information, please contact in writing: Jennifer Mikulski City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Fax (561) 799-4134 E-mail: jmikulski@Dbnfl.com EXHIBIT LISTING 1. City of Palm Beach Gardens Location 2. PGA Boulevard Overpass Location 3. Upper Level Site Map 4. Lower Level Site Map 5. PGA Flyover Renders Elevation Map Map Looking South 6. PGA Flyover Rendering Looking East 7. Plan of Art Location 8. Tower Elevation 9. Sample Contract for Semi-Finalists IO. Sample Contract for Finalist 11. Appendix I - Artist’s Agent Authorization PROPOSAL#2004-04-018 Call To Artists - PGA Flyover March 7, 2004 7 City of Palm Beach Gardens, Florida Flyover Art Project Proposal No. 2004-04-01 8 Public Art Application Form Submissions must be postmarked no later than May 3,2004 PLEASE TYPE OR PRINT Last name: First name: Date: Contact address (PO Box not acceptable): Company: Street: City, State, Zip: Tel: Email: Fax: Web: Gallery affiliation (if applicable): Tel.: Signature of Applicant: Please be certain to review the Submission Check List. Incomplete amlications are subiect to reiection. PROPOSAL#2004-04-018 Call To Artists - PGA Flyover March 7. 2004 8 T T 1 1 - Slide Sheet and Slide Index Layout 35 mm Slide Layout Slide Index Number Page Order of Submission 1. Application Form P 2. Last Name, First TITLE, Date Orientation Dot (bottom right corner) / Slide Index Form Index Artist Name Title 1. 2. 3. No. 2. Resume 3. Slisde Sheet 4 Slide Index IO. Palm Beach Gardens Flyover Project Project Location Citv Location The City of Palm Beach Gardens is approximately 14 miles north of Palm Beach International Airport. Upper Level Detail Lower Level Detail Schematic showing relative location of towers. North il Drawings not to scale. Palm Beach Gardens Flyover Project Renderings built. They are symbols rendered to repl-esent the fonhcaming sculptures, Palm Beach Gardens Flyover Project Tower PI o ts Plan of Art Location ysJsl,An ,~ Ssaamaq L, / &," 1 I= 25.4 m XWNf RPl PLAN TOWER (4r~ LEVEL) N.T.S. Drawings not to scale. SEMI-FINALIST AGREElhENT THIS AGREEMENT is made and entered by afld between the City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, FL 3341 0 (“City”) and (“Artist”) whose address isl WIT N ES S ETHt WHEREAS, working in conjunction with Joel Straus Consulting, the City’s Art Consultant, the Art Advisory Committee has recommended retaining Artist for Phase 1 of Request for Proposal (RFP) No. 2004-04-01 8 for the design, fabrication, and installation of four (4) outdoor Sculptural Elements by artists to be placed on four (4) concrete towers being constructed or now constructed on State Road No. 786 otherwise known as PGA referred to as “Site”) and collectively referred to as (“Sculpture or P delineated under Semi Finalists’ Requirements of the RFP. NOW, THEREFORE, in consideration of the mutlal r herein contained the parties agree as follows: 1. Proiect Description A. The Project shall consist of B. The Artist sh ted into, the existing location and state specifications pertaining to ized from th& design concept of the Schematic fees, fabriuation of the Sculptural Elements, hall consist of two (2) payment$ Phase 2 and Phase 3: payments -1 - E. The Artist shall be responsible for hiring ahd paying for a structural engineer and other such design professionals, licensed in Fldrida, to design and connect the Sculpture. The installation and costs of all connection systems to the Fly Over referenced herein and the Sculpture shall be the Artist’s responsibility. 2. Schematic Proposal The Artist shall create a Schematic Proposal for the Site in a mutually agreed upon format (model, drawing, video, etc.) which shall consist of: (1) the design intent, the approximate proportions and size of the Sculpture, and the materials used; (2) a projected budget of itemized costs including fabrication, installation, fees, travel expenses, insurance/bonds if required, and any delivery charges to the Site (“Proposal Fee”); and (3) the length of time to complete the Project; (4) a detailed description of routine maintenance that the Sculpture shall need. The Artist shall provide a idetailed and explicit description of any special equipment, methods, and changes to the Site that will b implementation of the Project. All visits to the Site dee included in the Proposal Fee. The date for completiorl, pre Schematic Proposal is to be mutually agreed upon by the 3. Pavment and Invoicing A. Payment for Phase 1: Sche I pay the Artist an ution of this Agreement by both parties. The City sh ne thousand five hundred Proposal to the City by the agreed date of comple ardless of the f $1,500 for a total of ic Proposal Agreement. I , s, Florida 33410 Artist shall fax c of the invoice to: Joel Straus at (7 -2- 4. Authorization I There is no agreement, either expressed or Contract or issue to the Artist a Notice to Proceed the Project or for any other phase. If selected Proposer, the City may enter into a phase of the Project. Completion of the schedule and shall stipulate the approved that the City shall enter into a 2: Design Implementation of Schematic Proposal of the Artist to continue to the next a mutually agreed upon 5. Intellectual ProDertv Riahts ~ 6. Miscellaneous Provisions the parties with respect to the subject matter hereof. deemed invalid le and deemed lated by this Agreement shall be with, the laws of the State of le. Venue of all proceedings in unty, Florida, and each party n in the selection of venue. -3- I IN WITNESS WHEREOF, the parties have exe uted this Agreement on the dates indicated below. c By: CITY F PALM BEACH GARDENS, a Florida 0 municipal corporation Eric Jablin, Mayor Date: 1 Attest: Patricia Snider, City Clerk Approved as to form and legal sufficiency: Christine P. Tatum, City Attorney -5- FINALIST AGREEMEAT THIS AGREEMENT is made and entered this Municipal Corporation whose address is 10500 North Gardens, Florida 33410, (herein after referred to as , 2004 by and between the a ('I herein ref day of City of Palm Beach Gardens, a Military Trail, Palm Beach "Ci:y") and Corporation whose address is 2rred to as Artist"). RECITALS: 1 Beach Gardens City Council pursuant to the RFP at deemed Phase 1 of the Project ,and; WHEREAS, the pa Development, Fabrication, erform all services and furnish appropriate licensed Structural Engineer and other such design professionals required licensed and in good standing within the State of specifications, and installation plans and working plans, instructions for the also supply a and shall be The Artist shall submit a Final Cost Qu at no cost to the ents. Nothing herein, however, 1 .I .2 2 I 1.2 1.3 1.4 shall be in writing and shall be of the schedule by the City, n agreement between Artist n acceptance of the the schedule may only be amended by and the City. Upon receipt of the City’s schedule, Artist shall provide such insu required by the City and commence to the agreed upon schedule and in nd a form of surety if e the Sculpture pursuant to the faithful completion of the Project i surety, if required. The City shall dete insurance and/or surety it determines have the right to inspect the Sculpture a Phase 3: Delivery and Installation. (45) days prior to the t 3 I hereto understand that the City may assign all fits rights to the artwork to FDOT or its successors and assigns. 0 1.5 The Ownership of Documents, Models. Upon by the City, the Artist shall grant to the models, drawings, digital images, and Project. This provision is in addition to al Acceptance of the Sculpture other items involving the assignments of rights. the Schematic Proposal, Article 2. COMPENSATION PAYMENT SCHEDULE AND INVOICES. 2.1 The City shall pay to Artist a fee in the amount f $ 1 inclusive of any gallery commission. This Artist I- ee shall be payable as follows: 2.1 .? 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 Preliminary Design Proposal. Three Thousand Dollars ($3, initial fee may be retained b Phase 2: Design Development. shall pay the Artist the sum of $ previously paid, for a total of to be made within thirty (30) Construction Documents an for their conformity to the ifications as set forth in the Constru&ion - ent and Execution of thd Sculpture and Installation. after =notifies thexrtist that hpture is in conformity with the C 's, plans, specifications and ngs previously approved by the Cit . The total payments made by ity shall not exceed the total fee fo nd in Section 2.1. 4 I 2.1.7 Invoices: Artist shall submit one (1) for four (4) payments 2. of the Flyover corresponding to the 2.1.2 through 2.1.6 the $3,000 in 2.1 .I. Artists shall Agreement. Invoice shall be excluding City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: Angela Wong Artist shall fax copy of the invoice to: Joel Straus at 773- 442-0091. 2.3 Artist's Expenses. The Artist shall be solely r expenses incurred in making submissions to 2.4 Artist's Agent. I be solely responsible for any rom the completion of his/ upon for installation of the 4.2 Warranties of Quality and Condition. The Artist rbpresents and warrants that: (a) 5 I the execution and fabrication of the Sculpture manner; (b) the Sculpture, as fabricated and ir material and workmanship, including any defel qualities which cause or accelerate deterioratic gross negligence in the material structure or in and (c) maintenance of the Sculpture will not r described in the CD's, detailed plans, specific: accepted and approved by the City. Article 5. RISK OF LOSS, INSURANCE AND INDEb 5.1 Risk of loss. The Risk of Loss or damage by E Sculpture shall be borne by the Artist until Fir take steps such as is necessary to protect thc until Final Acceptance. The Artist shall maint: this Agreement and name the City as additior 5.2 Artist's Life lnsurance and Disability. From thl installation and acceptance by the City, the A carry life and disability insurance in favor of tt such coverage to the City) in such an amounj City's Risk Management Department and suc reimburse the City for the actual am0 to his death or disability. 5.3 5.4 Article 6.1 6 be performed in a professional illed will be free of defects consisting of "inherent vice", of the Sculpture, or negligence, illation methods of the Sculpture; lire procedures other than those ns, and drawings that were ITY. cause or any reason to the Acceptance and the Artist shall culpture from loss or damage all insurance as is required by t, and save harmless the City, s, and employees from and is, patents claims, suits, matters, ley's fees, which may in any way ig any damage to property or )r being performed, pursuant to I.S. Copyright Act, 17 U. S.C. 101 to the Sculpture except rights are limited by this Section its final dimension shall be exact duplicate, three- 6.2 6.3 dimensional reproductions of the final permission to others to do so except Artist grants to the City and its make reproductions of the shall the Artist grant permission of the City. The and royalty free license to purposes, including but media publicity, and not limited to Notice. All reproductions of the Sculpture by the City shall contain a credit to the Artist and a copyright notice substantially in the f ollowing form: 0 ARTIST NAME, date of publication. I Credit to City. The Artist shall use his best substantially, "work owned and Gardens or its assigns," in any to give a credit reading the City of Palm Beach the Artist's control of reproductions of the Sculpture. Article 7. ARTIST'S RIGHTS. assure that the Sc fter consultation with a ly withhold approval for any rtist unreasonably fails to Ipture, the City shall have the he City's discretion and to the lifetime and competence, sonally supervise significant reasonable fee for any such st shall agree in writing, prior to n of the Sculpture. ny repair or restoration of th practical, the Artist, during the services, provided that the City and t 7 I 7.4 7.5 7.6 the commencement of any significant re Artist’s fee for such services, this or restorations, upon the breach of this Agreement. 7.3.2 All repairs and restorations shall be mad in accordance with recognized principles of conservation. k 7.3.3 If work is required due to breach of warr years after Final Acceptance, the Artist expense. by the Artist within two (2) same, at his/her/its Permanent Record. The City shall maintain on ermanent file a record of this Agreement and of the location and disposition the Sculpture. Arfisf’s Address. The Artist shall notify the failure to .do so, if such failure prevents the deemed to be a waiver by the Artist of the ri provisions in this Agreement that require the Notwithstanding this provision, the City shall locate the Artist when matters arise relatin notifying the Artist’s agent. Surviving Covenants. The covenants and oblig shall be binding upon and inure to the Lpn ment as an independent nd shall indemnify other. 8 Article IO. TERMINATION. I 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, agre ments or stipulations of this Agreement, the other party shall thereupon hav the right to terminate this Agreement by giving written notice to the defaul ing party of its intent to terminate, specifying the grounds for terminatio . The defaulting party shall have thirty (30) days after receipt of the notice to cur the default. If it is not cured, then this Agreement shall terminate. i seven (7) days prior written notice to the Arti the date of termination herein. Should a dis t for work completed up to e as to the amount due, the herein. nsate the Artist sketches, photogra o the Artist until ADMINISTRATOR. represent and act for the City. 9 Article 12. COMPLIANCE. The Artist shall be requireG &J comply with Federa St te and City law, statutes, ordinances and regulations applicable to the performa ce of the Artist’s obligation under this Agreement. t Article 13. ENTIRE AGREEMENT -AGREEMENT WltH THE CITY. This writing embodies the entire agreement and hereto, and there are no other agreements and reference to the subject matter hereof that are between the parties oral or written, with and superseded hereby. Article 14. MODIFICATION. action of the City. Article 15. WAIVER. of any subsequent default of any terms, co waiver of any right or accepta Article 16. GOVERNING L the benefit of the City and the mmercial Arbitration of the 10 If an agreement on the third arbitrator cannot be reach appointment of the second arbitrator, such arbitrator SI The decision and award of the arbitrators, or that of ar binding on the parties, and judgment may be entered I jurisdiction thereof. Article 19. NOTICES. All notices, requests, demands and other communicati permitted to be given under this Agreement shall be in have been duly given upon the delivery, if delivered pc Service by placing into a US Postal Service Depositor; certified mail, return receipt requested, postage prepai 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: Christine Tatum, Esq. City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Flori erstand that State Road 786 is the same. rd within thirty (30) days after the all be appointed by Joel Straus. two of them, shall be final and Don it in any court having Ins which are required or w-iting and shall be deemed to sonally, or if sent US Postal and sent by registered or I as follows: inder the authority of the Florida may assign all of its right to es to take all actions to effectuate 11 Article 21. This agreement is subject to fiscal funding fund out pursuant to this section, the City shall be by the City. Should the City from all liability herein. (The remainder of this page left intentionally bldnk) 12 IN WITNESS WHEREOF, the parties have exe dates hereinafter written. Executed by the City this day of CITY: ATTEST: By: Patricia Snider, City Clerk CITY OF PA municipal coi By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Christine P. Tatum, City Attorney Execi ted by the AI 13 ited this Agreement on the ,2004. /I BEACH GARDENS, a Florida )ration -ic Jablin, Mayor 'ublic xpires: APPENDIX I ARTIST’S AGENT AUTHOR Artist’s Agent Gallei I Street City, State Zip (Area code) Telephone (Area code) Fax 1 EIN # or SS# shall act as Agent for the Artist with respect to all F Payment to the Artist’s Agent shall be considered to the terms of this Agreement. It is the City’s expc to the Artist shall be upon Agent’s receipt of payml understand that all checks for payment shall be m, the Artist names. Financial and payment issues by and between the be subject to this Agreement nor the Parties hereii - Artist Signature D2 Artist Name (Print) - Agent Signature D: [ATION or Agent, doing business at yments made by the City. iyment to the Artist pursuant tation that Agent’s payments it. The parties here to le out jointly with the Agent irtist and the Agent shall not 3 ? CITY OF PALM BEACH GA DENS 10500 N. Military Trail 3 Palm Beach Gardens, FL 3 410 Add: References to include name, address, telephone of the three references who have commissioned Art proiects shall be submitted to the Citv Clerk within selection as a Semi-Finalist. PROJECT NAME: Call to Artists - PGA Boulevard Flyover Towers number and e-mail address (if known) hvo weeks after formal notification of st on a similar- or larqe-scale BID NUMBER: 2004-04-01 8 I ADDENDUM NUMBER: 1 I PART I: This Addendum allows for the following ame dments to be made to the “SEMI- FINALISTS’ REQUIREMENTS”: I Semi-finalists will be required to make a live presentation o Committee on July 19, 2004. Presentation materials must proposal to the Art Advisory to the City Clerks SEMI-FINALISTS’ REQUIREMENTS Department that day and need to include: depiction as specified by the Project Consultan carton, etc. for return of proposal materials. PART II: This Addendum allows for the following amendment to be made to the “SELECTION CRITERIA”: , In the Preliminary Review Phase, a combined scoring utilized to select up to five semi-finalists based on the of pass/fail and points will be SELECTION CRITERIA 1. 45 55 points Aesthetic quality and innovation 2. 4a44 points Experience and competenc in similar scaled commissions 3. 15 Bonus points aesthetic quality of Preliminary Concept Drawings 4. 5 Bonus points Florida resident i In the Final Review Phase, a point-based scoring system recommendation to the City Council. Scores will be demonstrated in the presentation, proposal be utilized to select a finalist for the following criteria as reference check. 2004-001 Page 1 of 3 I Addendum Number 1 1. 40 points Aesthetic quality and for the location site 3. 20 points fee evaluation materials 4. 243 10 points and potential impact for 2. 20 points Experience in similar future maintenance issues 5. 10 points References The City is not required to select semi-finalists nor is it bring the project to completion if in the City’s sole eligibility requirements, project goals and/or proposal, at any time beginning with the that the proposal or artwork, amenities pose a safety hazard including but not or non-authentic; require special previously identified and agreed substantial deviations from the select a finalist or or proposals do not meet the right to reject any installation on the grounds a fault in fabrication; OSHA; are fraudulent which had been and guidelines. Any by the City Council. PART 111: This Addendum allows for additions to be made to the “EXHIBIT LISTING”: 12.b FDOT Lighting Fixture and Panel Schedules (see at t ached) 12.a FDOT Tower Electrical Plans (see attached) Addendum Number 1 is hereby declared a part of the RFP package. This information adds to, deletes, modifies or otherwise requirements of the Contract Documents. Any and all altered or affected by the Addendum shall remain in upon the Proposers as if contained herein. This portions of the provisions and of the Contract Documents not and effect and shall be binding become a part of the Contract Documents. Proposers are advised that the information contained in this Addendum is abbreviated and general in nature. It is Bidder’s sole responsibility to inch e all items necessary for the proper Addendum. ~ execution, coordination and completion of all work di, 1 ctly or indirectly affected by this 2004-001 Page 2 of 3 Addendum Number 1 ADDENDUM NUMBER 1: ACKNOWLEDGEMENT OF ADDENDUM RECEIPT This Addendum #I was received on by (Date) PROJECT NAME: Call to Artists - PGA Boulevard Flyoqer Towers (PersonlTitIelCompany) BID NUMBER: 2004-04-01 8 I Addendum Number 1 has been issued for the purpose o providing all prospective Proposers with information relating to the above-referenced project. This addendum shall be considered as part of the Contract Documents. f To acknowledge receipt of Addendum Number 1, please ign in the space provided and return this page with your submitted proposal. 2004-001 Page 3 of 3 Addendum Number 1 8 Y, W c 0 w 8 rn W c 0 z W W v) 0 w c 0 W w VI a EE W V_I ZJ wa 2-1 DU z- Ut I- 0. Y: - wa on a wa 0 4 tc L- vu wu wa a- - LO Ut >e ou NW -2 uo U w 0. -a 6' -. .i n Z W c3 W -I -1 o a c1 I- o W i w -\ EXHIBIT “B’I Proposal from Wendy M. toss Date Prepared: May 2, 2005 Meeting Date: May 19, 2005 Resolution 51, 2005 City of Pafrn Beach Company: - pos5 scuLPw,eE street: 6611 LANOON Submissions must be postmarked n tater than May 3,2004 D STUDfO ,LANE PLEASE TYPE OR PRINT Tel: 601) 320 - 40 20 Email, Fax: (Sol) 3 W -7033 Web: Gallery affiliation (W applicable): Signature of Applicant: / d4 w 8 eo44 Last name: Ross First Contact address (PO Box not acceptable): Wrd% @ Verrwi4.hfE.r 1 t"O~5Scv~Pru~5rudt0. CON. Tel.: name: Please be certain to review the Submission Check Lid. Incomplete applications are subiect to reiection. 8 PROPOSALd12004-04-018 Call To Artists - PGA Flyover March 7.2004 ADDENDUM NUMBER 1: ACKNOWLEDGEMENT OF ADDENDUM RECEIPT PROJECT NAME: Call to Artists - PGA Boulevard Fldover Towers BID NUMBER. 2004-04-01 8 I Addendum Number 1 has been issued for the purpose of providing all prospective Proposers with information relating to the above-referenced proje . This addendum shall be considered as part of the Contract Documents. 4 I To acknowledge receipt of Addendum Number 1, pleas sign in the space provided and return this page with your submitted proposal. f MllbM.1 ROSS SCULPTURE STUDIO 661 1 Landon Lane, Bethesda, MD. 2081 4 tel. (301)320-4020 Fax. (301)320-7077 Email: wross@bellatlantic.net i SELECTED OUTDOOR PUBLIC ART COMMISSIONS 2003-04 2003-04 2002-03 WRIT ROSSLYN CENTER 25’ long steel work for 2002 WASHINGTON CONVENTION CENTER lnterior OREGON ARTS COMMISSION Steel sculpture + STATION SQUARE Ceramic tile design for building ~ Website: rosssculpturestudio.com SCULPTURE BUDGET 3aving design for 10,000 square’ plaza, OR $85,000 75,000 outdoor plaza Rosslyn, VA 80,000 15,000 facade + paving design for sidewalk, VA. steel wall work, Washington D.C. EDUCATIONRRAINING: I outdoor grand stairway in plaza facing Harbor, GEORGE MASON MEMORIAL on National Mall - 2000-02 setting Washington DC 1969-73 RHODE ISLAND SCHOOL OF DESIGN. Awarded full Fellowship & Teaching Assistantship - 1971 Major: Ceramics/Sculpture UNIVERSITY OF WISCONSIN, MADISON. B CALIFORNIA COLLEGE OF ARTS & CRAFT I MFA - 1973 1968-69 SAN FRANCISCO ART INSTITUTE 1964-68 Bqston, MA larger than life bronze in stone garden 293,000 SELECTED SOLO EXHIBITIONS: I 1991 GOLDEN GATE NATIONAL RECREATION AREA 11 foot bronze in Great Meadow overlooking 2001 Wendy Ross: A Garden of Unearthly De Museum, Lincoln, MA. 2000 1 999 1997 “Wendy Ross: Spatial Linescapes + Other K, Washington, D.C. 1996 1 995 ”Rootbound (installation) Rockville Art Place. 0. Curator. David Tannous 1995 “Wendy Ross: Radiolaria” Center For the “Arsenal” (installation) Manhattan Laundry- “Dwelling“ (installation) Arlington Art Center, “Wendy Ross: Recent Works” Gallery K, Wa National Park Service, San Francisco, CA 260,000 Golden Gate Bridge SELECTED OUTDOOR lNSTALLATlONS/lnvitational I 2002 2000 1999 1998 1997 1997 1996 1996 1994 1990 “Bloom” Bldg. Washington, D.C ”Spring Exhibition” Grounds For Sculpture “Inaugural Sculpture Exhibition ‘98” Saint “Pier Walk ‘97 and ‘98 - invitational, “Andraecium” SELECTED INVITATIONAL + CURATED EXHIBITIONS: 2004-07 Material Terrain: A Sculptural Exploration of Land 2005 2001 2000 1999 1998 1997 1996 1996 1995 1994 1993 1992 originating at Laumier scilpture pa&, St. Louis, MO. Sponsor: International Arts & Artists Organization, W ''FissionlFusion" Contemporary Art from Mexico ti U: "Through the Looking Glass" invitational American lr "Welded Sculpture of the 20th Century", invitational (Curator: Judy Collischan and book of same title publi "Interplay invitational AmericanCenter for Physics, Cc 'Working in the Third Dimension: Contemporary A American Ad, Chattanooga, TN Curator: George NE "On the Ball: The Sphere in Contemporary Sculpti "Summer Exhibition: The Sculptors Guild" Grounc "WPAICorcoran Art Auction" Cornran Museum of "S.O.FA. Chicago 1998" Vedanta Gallery, Chicago "Sculpture 1998" Vedanta Gallery (in conjunction wit1 "Landscapes: An Exhibition of Sculpture" Art Mu: "Permeable Edge" invitational, Curators: S.Tanguy, E "Inner States" invitational, Curator: David Emerick, "Third Annual Alumni Exhibition" curator: Jack Cc "Metamorphosis" Invitational. CorcoranMlPA auctic "lntranatura" Invitational. School 33, Baltimore, MD. "Nature Matters, Abstract Expressions" Invitational "Elusive Source" Corcoran Gallery of Art, Hemicycle "Indeterminate Origins" Maryland Art Place, Baltimo "Juried Exhibition- 1995" Adingfon Arfs Center, Arlinl "Celebrating 25 Years of Sculpture - Maquettes" € SculptureConference, San Francisco, CA, also t "Juried Exhibition - 1994" Peninsula fine Arts Cent( Director, Steinbaum Krauss Gallery, NYC. (Rf "Artists and Patrons" (15th Annual Art Show and A "Small is Beautiful" Gallery K - Washington, D.C. "Across BorderslSins Fronteras" Art Museum of A Jurors: Jack Cowart, Chief Curator, Cc Director, Art Museum of Americas (c "Tributaries": An Exhibition of Work by 9 Area Sc Curator: Lee Fleming, art critic, Washins "A New Nature", Invitational. Mclean Project for th "Washington Abstract Sculpture" American Uniwt Exhibition of 9 sculptors. Washingtoi "Critics Picks" Maryland Arfs Place - 1993 Critics R Curator: Robert Atkins, N.Y. art criti "Artists & Patrons" Washington Project for the Art: Whitney Museum (2nd Place cash awanf) J.W. Mahoney, art critic, Mclean, VA. MUSEUM ACQUISITIONS (PURCHASED) : - 2000 Neuberger Museum of Art, Purchase, N.Y 1999 Hunter Museum of American Art, Chattanooga, TN MUSEUM PUBLICATIONS: WENDY M ROSS - RESUME Page 2 :ape + Place - 7 year traveling exhibition Jrator: Carla Hanzel. ihington, D.C. i, Mexican Culfural lnsfifufe, DC ;titUte of Architects Washington, D.C. Neuberger Museum, Purchase, N.Y. led by Hudson Hills Press) ege Park, MD Guest Curator: S. Tanguy ierican Sculpture" Hunter Museum of bert e", invitational, DeCordova Museum, MA. for Sculpture *Museum, Hamilton, N.J. d, Washington, D.C. Pier Walk '98), Chicago, Illinois mum ofAmericas, OAS, Washington, DC Holland, Mclean Project for the Arts, V oyden Gallery, St. Mary's College, 'art, Cormran Gallery, Washington, D.C. I, Cormran Gallery of Art, DC (catabg) hrator: Olga Viso, Hirshhorn Museum essay {-person show, Monfgomery College MD iallery, DC 5-person show, catalog ?, MD. (5-person) on, VA. Juror: David Ross, Director ibarcadem Center- International Milan, Italy, Germany, Denmark Norfolk, VA. Juror: Bernice Steinbaum, eived "Chairman's Award") (Catalog) dion) , Invitational. WPA, Washington, 0. C. )ericas, OAS, Washington, D.C. man Gallery of Art, Dr. Belgica Rodriquez, slog) ilptors, Invitational. €//ipse Art Center, In Post (essay), Arlington, VA. ArtslEmerson Gallery, Curator: sify, Wafkins Gallery, Invitational (9sculptors) D.C. sidency Program, Baltimore, MD. for the Village Voice. (Essay) 'Auction, Invitational. DC catalog 2000 Welded Sculpture of the 20m Centutv Published by Vudson Hills Press (NY) in association with Neuberger Mluseum of Art, Purchase, NY in conjunction with exhibitiop of same title held at Neuberger Museum May 74 - Audust 27, 2000 (pg. 11 3) Forrest E. Mars Trust Foundation CORPORATE PURCHASESlACQUlSlTlONS: Kidder Peabody Corporation Gannett Corporation Peat Marwick Corporatio Welded Sculpture of the 20” assoc. with Neuberge- New York Sculptors Guild - . Board of Directors 1996-98 Board of Directors 1990lcurren International Sculpture Center - Professional level l Washingto Washington Sculptors Group - Century Hudson Hills Press, N.Y., in Museum, photolcollection pg.113 GUEST SPEAKER PANALIST. LECTURER: NNV YORK TIMES Au “Ingenious Conceptions” “City Focus -A Boost for tt “A Garden Where Sculpture 2003 2001 2000 1999 1999 1998 1996 1996 19% just 11 pg. 832 e Beltway” ARTNEWS, December issue Grows Abundant” NEW YORK TIMES Galleries WASHINGTON POST, Feb. 3 Kreeger Museum Program : Inside the Artist‘s Studio: Wendy Ross Corcoran Gallery of Art, D.C. Artist falk in American Center for Physics, MD Artist Vero Center for the Arts, Florida D.C. Commission on the ‘Arts National Museum of Women Association of Professional George Mason lnternationai “Through the Looking Glass” exhibifion with exhibition %fer play” with my solo exhibition - Artist Talk GRANTS I 2003 2000 Mid Atlantic Arts Foundation - CAPlMEX Montgomery County Arts Council - - Artist Residency Program 1999 Maryland State Arts Council grant - in Three-Dimensional BIBLIOGRAPHY (selected) 2002 Editorial 2002 Forgey, Ben 2002 Boyce, Roger 2001 Temin, Christine Capasso, Nick 2002 Clowes, Jody O’Sullivan, Michael 2000 Collischan, Judy Johnson, Ken Protzman, Ferdinand 1999 Protzman, Ferdinand Adelson, Fred Temin, Christine Palumbo, Mary Jo Nigrosh, Leon 1998 Barrie, Brooke Howell, George 1998 McGough, Laura ’ Hileman, Kristen 1997 Cohen, Jean Lawlor Capasso, Nick ’ Mc Greevy, Linda Slander, Liisa 1996 Zimmer, William OSullivan, Michael Viso, Olga Howell, George Hanzal, Carla Hileman, Kristen Dorsey, John 1995 Gifford, Bill Hamilton, Megan “A Permeable Edge” FlBE RTS magazine, Summer “A Permeable Edge” - SURFACE DESIGN, Spring (photo) “Drawing in Air” November “Andraecium” MUSEUM/SCULPTURE PARK essay for exhibition RlSD MEWS ‘‘ A Profile of Sculpture’s C ncems” NEW YORK TIMES, Art “Sites’ for Sore Feet” WAS INGTON POST, Sunday Arts, June “Intranatura” School 33 Art enter exhibition, curator‘s essay “Elusive Source” Corcoran i meum of Art, reviews ART PAPERS, “The Venerable Garden at “An Idea in Need of Jan/Feb issue Place” essay for ARTSITES96 Art Center, solo exhibition essay “Dwelling: Wendy Ross” SUN review March 18 “Roots and All” N POST Sunday ARTS, June, 64 (Re: Rootbound installation) REVIEW (photo) essay June/July + C C C C U Q cc) 0 0 N U s B I! - J v) E 2 v) v) El 8 9W 5% v) 000 WW xx 000 ww xx 88 0 .r ROSS SCULPTURE STUDIO 661 1 LANDON LANE, ETHESDA, MD. 2081 7 Tel: (301) 320-4020 Fax: (301) 320-7077 E mail: B wross@bellatlantic.net REFERENCES FOR RECENTLY COMMISSIONED LARGE-SCALE PUBLIC ART (For PGA Boulevard Flyover Towers Project #PO04 -04-01 8) 1. WORLD TRADE CENTER - BOSTON, MA. 2002 ( 100' long welded stainless steel + bronze sculpture sited on1 Grand Stairway of plaza facing Harbor ) Mr. Tim Shaw Project Manager Pembroke Realty Fidelity Corporation 7 Water Street (MZ- W6A) Boston, MA 02109 Email: tim.shaw@fmr.com PH: ( 617) 563-3034 2. BALLSTON POINT - ARLINGTON, VA 2003 ( 30'H welded stainless steel outdoor sculpture sited in front qf bldg on plaza corner at major intersection Mr. Kirk Salpini- Project Manager Vice President of Development Monument Realty 11 55 Connecticut Avenue, N.W. 7'h Floor Washington, D.C. 20036 PH: (202) 777-2003 FAX: (202) 777 - 2020 Email: ksalpini@monument realty.com 3. GEORGE MASON MEMORIAL- NATIONAL MALL, WAqHINGTON, D.C. 2002 (Large scale bronze centerpiece sited in 100,000 square fopt stone memorial garden on Tidal Basin) Mrs. Judy Herdeg Former First Regent National Society of Colonial Dames of America Board of Regents of Gunston Hall Mason Neck, Virginia 22079-3901 Her phone #: (610) 388-6021 Email: jcjaherd@dca.net r- .- e I 1 8 rF * * Wendy M. Ross, Sculptor/designer UF January 19,2005 49 @! Ir? * J1! @$ * lr * @ IrF. * rr! r9 116 I'F * r'F Ir! * * * Ir! * I'F e! rs! ro * rJE la rrf la u% UB SrB rr, 4 A Concept Proposal for PGA Boulevard Overpass Tower A. DESIGN CONCEPT: THE CONCEPTUAL BASIS FOR MY DESIGN is to create an atmosphere at the site that infuses the material with the immaterial and is evocative rather than depictive. The design calls for a luminous and elegant sculptural installation in the four Towers that transforms the PGA overpass into an inviting gateway of translucent light forms in motion seen from near and distant site lines. In each tower, the spatial qualities of the sculptural elements are illuminated through subtle lighting programmed for color/time sequencing. The towers each contain a "floating" steel spherical form with a surface constructed of coiled conical elements. It is suspended above a series of 4 steel asymmetric structures sheathed in steel scrim (custom woven mesh). Using state-of-the-art lighting designed for the site, such as LED or CYM color mixing, the steel scrim structures are bathed in a spectral range of colored hues that reveal the structures' translucent depth and interior "terrains". Simultaneously, the suspended spherical structure glows and radiates a soft white light in a slow range of densities. The open and woven construction of the sculptural forms makes them wind diffusive offering an important consideration in an area immediately adjacent to traffic. The effect will be a visual tapestry of motion, light, and steel, an alchemic mix of sculptural elements giving the appearance of spun glass on the spheres and blown glass within the pyramidal structures while retaining the strength, safety, and stability of steel. The interplay of form and light in the four towers is sequenced to provide a rich and limitless source of visual metaphor for residents and visitors alike. Subtle gradations of spectral color will be illuminated (eg. blue to blue-greens to green) using light combinations that transit through their respective hues. Initial comments have ranged from a sun over sails or flowers in a garden to stars over waves - reflecting the varied elements within the Palm Beach Gardens community. The Concept provides both visual and aesthetic enhancements in a manner respectful of the overall architecture of the towers yet in a style that clearly points to 215' century concepts of welded steel and lighting technology. The ability to make welded steel appear as spun glass with crystalline properties provides a dynamically transformative aspect to the site as a whole. B. TECHNICAL DESCRIFbTlON: .PROPORTIONS AND SIZE - Each sphere will be approximately seven (7) feet in diameter while each of the four pyramidal forms will be approximately four (4) feet high by six (6) feet wide by two (2 ) feet deep. Each I culpture (sphere and pyramidal structures) will be approximately twelve and a half ( 2 '/z feet high) by eight (8) feet wide by eight (8) feet deep. 1 .MATERIALS AND CONSTRUCTION - Each sculpthre will be original, unique, site specific and constructed in stainless steel or other material appropriate to Florida climatic conditions (316-L or similar) hand-welded an d engineered to be safe, sturdy, and durable well in excess of the 50 year requiremknt with minimal maintenance. Approximately 12,000 individual welds are anticipated. The lighting system will be IP66 environmental rating and the entire project (scullpture and lighting) will meet or exceed all Federal, State, local rules, regulations, directives. ordinances,- guidelines and/or The team selected for this project also worked for the Artist on her project in Boston to produce a signature work for the city's new World Trade Center sited on a grande outdoor stairway facing Boston Harbor. The team has e xtensive experience fabricating materials for extreme climatic conditions, including submersibles for the US Navy, and include experts in structural, mechanical, and electrical engineering as well as lighting specialists. The100 foot welded steel and bronze sculpture constructed for the WTC site- in Boston was designed to withstand severe climatic conditions, including routine gale force winds. The design for the PGA Boulevard Overpass, if implemented, will be constructed and installed to meet and, in kome instances, exceed all environment. In the past, requirements/conditions specific to the contract, sit we have completed projects on time and within II. PROJECTED BUDGE (preliminary based on estir Artist Fee DesignIProject Management (Sub) Project Management AnimationNideo ArchiteMEngineer (incl. Florida Certification) Administrative Expenses Legal Office, Travel, Overhead Burden (Includes nte 3 days per draft contrdct for presentation ceremony) Materials and Supplies Fabrication Lighting 25,000 10,000 12.500 Photo and Documentation (lncl. Copyright registration and on-kite documentation) Packing and Transportation Installation (including transportation and per diem, for foundry personnel and others, equipment rental, and assumes that Town of Palm Beach Gardens will provide access to the site, as necessary) Insurance Contingency Total Prelimin-.y Budget Budget does not indude costs for coordination with Town of Palm Beach Gardens installation activities. Ites) 25,000 47,500 5,000 6,000 22,000 62 , 500 20,500 3,500 6,000 21,000 6m 20.000 State of Florida nor cost for any permits for 111. PROJECT TIME LINE (estimate from dalte of contract) cost quote (per draR contract). + 74 days - review and approvbl of construct (per draft contract). I + 88 days - order of steel and bther material$ schedule as provided in draft cbntract). on documents (assuming approval of I + 109 days - begin fabrication 1 site + 342 days - installation. + 348 days - installation compllete, begin 7 dby City review (per draft contract). I + 355 days - City approval. I E IV. MAINTENAMC The materials recommended in the proposal are low maintenance. All sculptural elements will be constructed and wdlded in 316L stainless steel (316L SS). This premium-quality stainless steel cbmbines excellent corrosion and outstanding abrasion resistance and toughnehs. Not only does it resist salt spray and acid spotting but it is also unaffectCd by strong alkaline cleaners and detergents. It will not chalk or tarnisth. The open and woven construction df the sculptural forms makes them wind diffusive offering an important consideration in a area immediately adjacent to traffic. The suspended spherical ele ent will be constructed in L316 SS and is virtually maintenanke-free. If de i ris were to collect within the steel coils, the remedy is simply to blow or vhcuum air through the form and any debris is easily removed. The woven mkh structures are also constructed in L316 SS and can belcleaned in th same way. Stainless steel is a very durable and stable rhetal in all env 7 ronments and requires very little maintenance. e The proposed LED lighting would b e a state of th art system and accessible. In contrast to other lighting technologies such ad fiberoptic, it has considerable advantages for broad outdoor appli ation as illustrated in the chart below. It is not only low mailntenance, but has bulb-life longevity, low energy consumption, retains density at a greater distances, does not by DOT in most of its transportation programs. 1 produce heat, has waterproof casing, and it is th 1 lighting system being used HOW DOES LED TECHNOLOGY ,COMPARE WIT4 FIBEROPTIC SYSTEMS? I I LED SYSTEM I FIB~ROPTIC SYSTEM I I 1 watt consumption per bulb (6 watts per 1 75 watt donsumption per bulb ~~ ~~ ~~ ~ 100,000 hour bulb life-expectancy Can cover >300 feet with NO drop in intensity than 50 fhet ~3,000 h ur bulb life-expectancy Not recorhmended for distance greater I Sturdy copper wire protected with rubtjer sheath and weather proof fixture casings Cable ca be cumbersome, easily , and difficult to install I $3.42 annual electric bill (per kit) $42.75 dnnual electric bill (per 75 watt bulb) r I I I Date Prepared: May 2,2005 Meeting Date: May 19, 2005 Resolution 51,2005 EXHIBIT ccc’s Agreement with Wendy M. Ross FINALIST AGREEMENT day of THIS AGREEMENT is made and entered this , 2005 by and between the City of Palm Beach Gardens, a Municipal Corporation whose address i$ 10500 North Military Trail, Palm Beach Gardens, Florida 33410, (herein after referred to as "City") and Wendy M. Ross, a sole proprietorship doing business as Ross Sculpture Studio, whose address is 661 1 Landon Lane, Bethesda, MD 20817 ('I herein refferred to as Artist"). RECITALS: WHEREAS, the City issued a Request for Proposal Number 2004-04-01 8, hereinafter referred to as ("RFP") for the design, fabrication, and installation of four (4) outdoor Sculptural Elements by artists to be placed on four (4) concrete towers being constructed or now constructed on State Road No. 786 otherwise known as PGA Boulevard Overpass located in the City pf Palm Beach Gardens, Florida, (herein after referred to as "Site") and collectively referred to as ("Sculpture or Project"), and; WHEREAS, the Artist responded1 to the RFP and was selected by the Palm Beach Gardens City Council pursuant td the RFP at a City Council meeting held on January 19, 2005, as the responsive, re ponsible Proposer and the City Council accepted the Proposal and response by S the Artist to the RFP, which was deemed Phase 1 of the Project ,and; WHEREAS, the parties wish to enter into this Agreement for Phase 2: Design, Development, Fabrication, and Phase 3: Shipping and Installation of the Sculpture. NOW, THEREFORE, in consideration of the mutual representations, obligations, and promises herein contained the parties agree as follows: Article 1. SCOPE OF PROJECT 1 .I Phase 2: Design Development. T~he Artist shall perform all services and furnish all supplies, material and equipmbnt as necessary for the design, execution, fabrication, transportation, install8tion and lighting of the Sculpture at the Site. 1 .I .I Structural and Design Review. The City shall furnish the artist the latest set of architectural, electrical and other drawings of the Site. If the Site is completed, "as built" drawings, if they exist, shall be furnished to the artist. These drawings shall be the basis for the Artist's preparation of the CD. On-or before one hundred and thirteen days after the execution of this Agreement, the Artist shall1 prepare and submit to the City for review Construction Documents (qCDII)I and said CD's shall comply with all applicable laws, rules, regyllations, codes, ordinance, directives and guidelines, whether Federal, State or local for Sculptures and the 1 installation of the same. In addition, the Artist shall be required to supply the detailed specifications and drawings of the Sculptures within the CD, including connections to the structural base of the towers, and lighting of the same as it relates to the site. All such CD’s shall be sealed by the appropriate licensed Struqtural Engineer, Civil Engineer and other such design professionals requlred of which shall be licensed and in good standing within the State of Florida. The detailed working plans, specifications, and drawin s shall include detailed installation plans and lighting plans within the C b . The Artist shall also present a mock up of the LED lighting on the sample material in daylight hours in order to ascertain the lighting quality and intensity. The time, location and the scale of the mock up shall be mutually agreed upon in advance and at the discretion of the City occur at a time athd location that a representative of the City can attend said mock up pres ntation. The CD shall also include instructions for the appropriate mainte 1 ance and preservation of Sculptures and shall be submitted with the Construction Documents. The Artist shall also supply a Final Cost Quote within the CD for the Project. On or before fourteen (14) days after receipt of the CD, the City shall review the CD which inch es, but is not limited to, the working plans, specifications, and drawin s of the Sculptures and advise the Artist in writing whether said CD, t z e plans, specifications, and drawings, including the lighting plans and the ost thereof, are acceptable to the City as submitted. t The Artist shall submit a F nal Cost Quote for the proposal set forth in the CD concurrently with the D package, and the cost quote shall be substantiated with backup d quotes from subcontractors and suppliers of the Artist, if any, at the time thb cost quote herein is due. The artist shall also include Artist’s fees for thd Sculpture. If the Final Cost Quote exceeds the maximum Project Budget et forth in section 2.1, the City may, in its discretion: (a) require the rtist to redesign the project to reduce Final Cost Quote to the establis 1 ed maximum amount Project Budget as set forth in section 2.1; or (b) *bandon the project at no cost to the City terminate the contract for convenience in accordance with the provisions of 10.1. If the Construction Docum nts, specifications, and drawings, or any parts writing. Thereafter, at not $ost to the City, the Artist shall revise the CD’s the Cost Quote and detail$d working plans, specifications, and drawings so as to meet the criteria af the City, who, acting in good faith, shall promptly review the reviseb detailed documents. Nothing herein, however, shall prevent the City from1 terminating the contract for convenience in accordance with IO. 1. thereof are not acceptable, k to the City, the City shall so advise the Artist in 2 1.2 1 .I .2 The Artist shall also produce and submit to the City such additional relevant information, graptjic, non-graphic, andlor descriptive drawings of the Sculptures as is requebted by the City to clarify the CD. Execution of the Sculpture, After the City accepts and approves the detailed Construction Docqments, specifications, drawings of the Sculpture, lighting and Finial Cost Quote, Artist shall furnish to the City in writing a proposed scheddle for fabricating, transporting, and installing the Sculpture. The City shall ddvise Artist in writing if said proposed schedule is acceptable within seven (7) days after receiving the proposed schedule. If the proposed schedule i$ not acceptable to the City, Artist and the City shall discuss the City’s ob‘ection(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 p 1 oposed 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, Artist shall provi e such insurance required by the City as stated in Article 5 and co mence to fabricate the Sculpture pursuant to the agreed upon schedule and in conformity with the plans, specifications, drawings, CD’s and price that were accepted and approved by the City. Artist shall not deviate fro the plans, specifications, drawings, CD’s and price that were accepted nd approved by the City without the prior written authorization from the Cit t . During the fabrication of the Sculpture, the City and any representati es thereof shall have the right to inspect the Sculpture at reasonable ti ll es. .“ Phase 3: Delivery and lnsfallafiod. The Artist shall notify the City and all other governmental authorities having urisdiction over the project as identified by the City in writing forty-five (45) days prior to the time the Sculpture is completed and is ready for delivery and installati n at the Site. The City or one of its representatives, at the City’s dis ,I retion, shall upon reasonable notice to the Artist inspect the Sculpture before deli4ery to the Site. Upon written acceptance by the City, the Artist shall coordinate, dleliver and install the Sculpture on site, including the installation of the Sculpture, donnections to the towers’ structures, and lighting. The City shall coordinate all installation activities with such governmental entities having jurisdiction Department of necessary for requirements. same, including but not limited to the Florida and shall provide full access to the sites as any permits, licenses, fees, or other 1.3 Post-lnstallafion. The Artist shall be available to attend any inauguration or presentation ceremonies relating to the Sculpture at the Site if such ceremony occurs no later than three (3) months after installation is complete and if City notifies Artist at least 45 days pri c r to the date of such inauguration or presentation ceremony . 3 1.4 Final Acceptance. Within seven (a) days after the Sculpture is installed at the Site, the City shall advise Artist irl writing whether the Sculpture as installed is acceptable. "Final Acceptance" o the Sculpture by the City shall occur when the City advises Artist in writing that he Sculpture is acceptable. Title to the Sculpture shall pass from Artist t i the City, subject to the provisions of Articles 6 and 7 herein, when the City notifibs Artist that the Sculpture is acceptable. Final acceptance shall not be withheld lif the sculpture conforms to the plans and specifications in the Construction1 Documents and the Price Quote. 1.5 The Ownership of Documents, Mbdels. Upon Final Acceptance of the Sculpture by the City, the Artist shall grant 40 the City title to the Schematic Proposal, models, drawings, digital images and video and any other items involving the Project. This provision is in additibn to and other prior assignments of rights. Article 2. COMPENSATION PAYMENT ISCHEDULE AND INVOICES. 2.1 The City shall pay to Artist a fee i the amount of $ 250,000 , inclusive of any gallery commission. This Artist fe shall be payable as follows: 2.1 .I Preliminary Design Propos 1. The City has paid the Artist an initial fee of Three Thousand Dollars ($ 1 ,000) for Phase 1 : Schematic Proposal. This initial fee may be retained t$y the Artist and no part of it shall be refunded. 2.1.2 Phase 2: Design Developmknt. Upon execution of this Agreement, the City shall pay the Artist the sum1 of $ 31,568 , less the $3,000 previously paid, for a total of $ 28,568 . All bayments are to be made within thirty (30) days from receipt of invoice. ~ 2.1.3 Construction Documents a d Final Cost Quotes Approval. Upon City's approval of the Constructio Documents and Final Cost Quote, the City shall pay the Artist the sum f of $ 77.510 . All payments are to be made within thirty (30) days from Ireceipt of invoice. 2.1.4 50% Fabrication. The City slhall pay the Artist the sum of $ 43,011 at such point in the fabrication of thb component materials of the Sculpture whereby the components are such that the Sculptures can be examined in its entirety and can be insp cted by the City for their conformity to the specifications as set forth i 6 the Construction Documents. 4 2.1.5 100% Fabrication. The city’ shall pay the Artist the sum of $ 54,011 such point as the fabricatioln is complete and can be inspected by the City for the conformity to the spkcifications as set forth in the Construction Documents. at 2.1.6 Phase 3: Shipment and of the Sculpture and Installation. The City shall pay Artist of the Sculpture on the in conformity with the approved by the City. of $43,900 after final installation the Artist that the Sculpture is and drawings previously by the City shall not exceed the total fee 2.1.7 Invoices: Artist shall sdbmit one (1) invoice for five (5) payments corresponding to the the $3,000 in 2.1.1. Agreement. Invoice 2.1.6 for a total of $ 247,000 excluding section Article 2. of the Flyover City of Palm Beach Gardens 1 10500 North Military Trail Palm Beach Gardens, Florid 33410 I Attn: Angela Wong a Artist shall fax copy of the invoice to: Jdel Straus at 773- 442-0091. 2.2 Taxes. Any and all taxes, and any and all similar materials provided by exempt entity, shall but not limited to, sales, use, or excise taxes, to the Sculpture and any services and by the Artist. The City, being a tax- incurred by the Artist. 2.3 Artist’s Expenses. The Artist shall be solely responsible for the payment of expenses incurred in making sub issions to the City and all travel expenses incurred by the Artist and the Arti 1 t’s agents and employees in performing the services required under this Agre ment, Article 3. TIME OF PERFORMANCE. e 3.1 Early Completion ofArtist Servic and all transportation and her/its services hereunder Sculpture at the Site. The delays in making the site schedule as defined in The Artist shall be solely responsible for any resulting from the completion of his/ agreed upon for installation of the the costs, if any, associated with any after the date as accepted in the Article 4. WARRANTIES. ~ 4.1 Warranties of Title. The Artist reprbsents and warrants that: (a) the Sculpture is 5 solely the result of the artistic effc original and does not infringe up( Sculpture, or a duplicate thereof, (d) the Sculpture is free and clea 4.2 Warranties of Quality and Conditr the execution and fabrication oft manner; (b) the Sculpture, as fak material and workmanship, incluc qualities which cause or accelerz gross negligence in the material for a period of one year; and (c) I procedures other than those des1 and drawings that were acceptec Article 5. RISK OF LOSS, INSURANCI 5.1 Risk of loss. The Risk of Loss or Sculpture shall be borne by the take steps such as is necessary until Final Acceptance. The Arti: this Agreement and name the C 5.1 .I Insurance Limits and Mini, insurance showing generz products and completed o coverage and automobile coverage, and property cc Workers' Compensation c required in this Agreemen claim. The coverage curre a certificate dated March 1 acceptable to City. The Ci through installation until F 5.2 Artist's Life Insurance and Disal comprehensive life and disabili! the City for the period from the ( 1 .I .2 until the date set forth in tt 5.3 The City's Responsibility. The C Sculpture shall occur concurren Sculpture pursuant to Paragrapl responsibility shall not include tt 4.2 and shall not be deemed to t of the Artist; (b) the Sculpture is unique and any patents or copyrights; (c) that the as not been accepted for sale elsewhere; and if any liens from any source whatsoever. 7. The Artist represents and warrants that: (a) 2 Sculpture will be performed in a professional cated and installed will be free of defects ig any defects consisting of "inherent vice", 3 deterioration of the Sculpture, or negligence, ructure or installation methods of the Sculpture aintenance of the Sculpture will not require ibed in the CD's, detailed plans, specifications, 2nd approved by the City. AND INDEMNITY. amage by any cause or any reason to the rtist until Final Acceptance and the Artist shall I protect the Sculpture from loss or damage shall maintain all insurance as is required by as additional insured on all policies. ums. Artist supply the City with a certificate of liability with minimum $1,000,000 limit including sra tions coverage , Worker's Com pensat ion surance including hired & non-owned wage for the Art. With the exception of the ierage, the Artist shall maintain the insurance Nith deductibles of no more than $5,000.00 per tly maintained by Oceaneering as evidenced on 2005 from Jardine Lloyd Thompson, LLC is shall be named as an additional insured al Acceptance. ity At the request of the City, Artist shall obtain insurance in the amount of $250,000 in favor of Ite of approval of the proposed schedule under schedule for acceptance by the City. y's acceptance of responsibility for the I with the City's Final Acceptance of the 1.4. Notwithstanding the foregoing, the City's it which is warranted by the Artist in Paragraph 3 a waiver of the warranties provided therein. 6 5.4 Artist Indemnity. The Artist shall and all of its respective member against all injuries, deaths, loss, judgments, costs and accrue against said buildings, relating to protect, and save harmless the City, and employees from and patents claims, suits, matters, fees, which may in any way damage to property or performed by the Artist, pursuant to this Agreement. Article 6. REPRODUCTION RIGHTS. 6.1 6.2 6.3 General. The Artist retains all et seq., as amended, and all ownership and possession 6.1. In view of the intention unique, the Artist shall not dimensional reproductions permission to others to do Artist grants to the City make reproductions of not limited to catalogues under the U.S. Copyright Act, 17 U. S.C. 101 in and to the Sculpture except such rights are limited by this Section in its final dimension shall be nor shall the Artist grant exact duplicate, three- permission of the City. The and royalty free license to purposes, including but media publicity, and Notice. All reproductions of the Artist and a copyright notice by the City shall contain a credit to the in the following form: 0 ARTlST NAME, date of publication. Credit to City. The Artist shall us his best efforts to give a credit reading substantially, "work owned and c mmissioned by the City of Palm Beach Gardens or its assigns," in any p blic showing under the Artist's control of reproductions of the Sculpture. E I Article 7. ARTIST'S RIGHTS. I 7.1 Identification. The Artist shall de ign, prepare, and deliver to the City for installation by the City at a place determined by the City, pursuant to the written instructions and prior written app oval of the City, a plaque identifying the Artist, the title of the Sculpture and the ear of completion and such other information as the City and Artist may deter ine. The costs for design, preparation, and delivery shall be separately reim ursable and the City will install or cause to have installed the plaque. 1 ~ 7.2 Maintenance. The City recognizds that maintenance of the Sculpture on a regular basis is essential to the integrity bf the Sculpture. The City shall reasonably assure that the Sculpture is detailed working plans, rly maintained and protected as specified in the and drawings accepted and approved by i7 7.3 7.4 7.5 7.6 The City shall have the right professional conservator, Sculpture will be made. Artist shall have the right that the Artist shall not restoration of the Sculpture. repair or restoration of the such repair or restoration. practical, the Artist, during given the opportunity to and restorations and shall except that the City and tt-e commencement of any sis fee for such services, unless breach of warranty. the City all referred to as CD. The Artist represents that the installed to accommodate the in the detailed working plans, lpture has been designed, fabricated, and annual cost of the Maintenance as set forth and drawings as found in the CD’s. to determine, after consultation with a when and if repairs and restorations to the During the Artist’s lifetime and competency, the to approve all repairs and restorations, except unreasonably withhold approval for any repair or If the Artist unreasonably fails to approve any Sculpture, the City shall have the right to make At the City’s discretion and to the extent the Artist’s lifetime and competence, shall be make or personally supervise significant repairs be paid a reasonable fee for any such services, Artist shall agree in writing, prior to the nificant repairs or restorations, upon the Artist’s such repairs are undertaken as a result of Repairs and Restoration. I 7.3.1 7.3.2 All repairs and restoration shall be made in accordance with recognized principles of conservation. t 7.3.3 If work is required due to after Final Acceptance, of warranties by the Artist within one year shall correct same, at her expense. Permanent Record. The City sh maintain on permanent file a record of this Agreement and of the location disposition of the Sculpture. Artist’s Address. The Artist shall the City of changes in her address. The the City from locating the Artist, shall be subsequently to enforce those express approval of the Artist. make every reasonable effort to the Artist’s rights failure to .do so, if such failure p deemed to be a waiver by the A provisions in this Agreement Notwithstanding this locate the Artist Surviving Covenants. The interest, and the City’s shall be binding to and the obligations nts and obligations set forth in this Article 7 the benefit of the parties, their heirs, legatees, transferees and all their successors in and run with the Sculpture and Site and after the death of the Artist. However, give any subsequent owner of 7.3.1 shall terminate on the death or the Sculpture notice in writing of the covenants herein, and shall cause each such owner to be bound there by.^ Article 8. ARTIST AS INDEPENDENT d ONTRACTOR. 8.1 The Artist shall perform all work nder this Agreement as an independent contractor and not as an agent o an employee of the City and shall indemnify and hold the City, and all of its re pective members, agents, officers, and employees harmless from any lo s, damage, and expenses, including reasonable attorney's fees, arisi g from any claim by any person or entity that the Artist did not act as an lndep ndent Contractor, unless such claim arises as a result of action by the City or its embers, agents, officers, or employees and not from any action or assertion by i rtist. Article 9. ASSIGNMENT, TRANSFER, $UBCONTRACTING. 9.1 Assignment or Transfer of Neither the City nor the Artist shall assign or without the prior written consent of the transfer an interest in this other except as provided Article 10. TERMINATION. I 10.1 If either party to this Agreement or otherwise violate, any of the Agreement, the other party Agreement by giving terminate, specifying thirty (30) days after If it is not cured, then this Agreement party. fail to fulfill in a timely and proper manner, agreements or stipulations of this have the right to terminate this defaulting party shall have The City reserves the right to seven (7) days prior written convenience herein, the the date of termination terminating any parties agree to City shall be inate this agreement for convenience upon to the Artist. Should the City terminate for to pay the Artist for work completed up to any expenses incurred by Artist in dispute arise as to the amount due, the of the Consultant, Joel Straus. The this agreement upon termination herein. the City shall promptly compensate the Artist to termination. In the event the City cost of services performed, Mr. Joel Straus Chicago, IL 60660) will determine questions the (J.S. In the event of default by the sketches, photographs, and prepared for submission by option become its property t, all finished and unfinished drawings, work products prepared and submitted or under this Agreement shall at the City's no right to fabricate or execute the Sculpture shall pass to the City. he 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 re sonably withhold payments to the Artist until such time the exact amount of s ch damages due the City from the Artist is determined . I action of the City. Article 11. CITY ASSIGNMENTS. I The parties hereto understand that Stat Road 786 is under the authority of the Florida Department of Transportation (FDOT) a such the City may assign all of its right to FDOT upon final acceptance of the Proj ct. Artist agrees to cooperate with the City should the City decide to assign its righ i . Article 12. FUNDING I This agreement is subject to fiscal pursuant to this section, the City convenience pursuant to 10.1 except as provided under 10.1. g out by the City. Should the City fund out considered to have terminated the contract for relieved from all further liability herein, Article 13. CONTRACT ADMINISTRATbR. The Contract Administrator for this Agre ment shall be the City Manager or designee. Wherever this Agreement requires any otice to be given to or by the City, or any determination or action to be made by t e City, the City Manager or designee shall represent and act for the City. I Article 14. COMPLIANCE. I The Artist shall be required to comply h Federal, State and City law, statutes, ordinances and regulations applicable the performance of the Artist’s obligation under this Agreement. Article 15. ENTIRE AGREEMENT - AGFkEEMENT WITH THE CITY. This writing embodies the entire hereto, and there are no other reference to the subject matter hereby. Article 16. MODIFICATION. nt and understanding between the parties and understandings, oral or written, with are not merged herein and superseded 11 Article 17. WAIVER. No waiver of performance by either pa of any subsequent default of any term: payment or acceptance of fees for any waiver of any right or acceptance of de Article 18. GOVERNING LAW. This Agreement, regardless of where 6 construed in accordance with the subs Article 19. HEIRS AND ASSIGNS. This Agreement shall be binding upon Artist and their respective heirs, persor assigns. Article 20. ARBITRATION. All disputes or controversies that may performance, obligations or rights of th by binding arbitration to be held in Palr then current Rules of Commercial Arbi The dispute shall be referred to a pan€ Artist, one to be selected by the City ai If an agreement on the third arbitrator appointment of the second arbitrator, s The decision and award of the arbitratc binding on the parties, and judgment II jurisdiction thereof. shall be construed as or operate as a waiver :ovenants or conditions of this Agreement. The eriod after a default shall not be deemed a ctive performance. xuted or performed, shall be governed by and ntive laws of the State of Florida. Id shall inure to the benefit of the City and the I representatives, successors and permitted se between the parties with respect to the parties under this Agreement shall be settled Beach County, Florida, in accordance with the ition of the American Arbitration Association. if three arbitrators, one to be selected by the the third to be selected by the first two. nnot be reached within thirty (30) days after the :h arbitrator shall be appointed by Joel Straus. i, or that of any two of them, shall be final and y be entered upon it in any court having 12 Article 21. NOTICES. All notices, requests, demands and othl permitted to be given under this Agreer have been duly given upon the delivery Service by placing into a US Postal Sei certified mail, return receipt requested, 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: Christine Tatum, Esq. City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 ARTIST: Wendy M. Ross 6611 Landon Lane Bethesda, MD 2081 7 (The remainder of tt ?r communications which are required or lent shall be in writing and shall be deemed to if delivered personally, or if sent US Postal /ice Depository and sent by registered or lostage prepaid as follows: is page left intentionally blank) 13 IN WITNESS WHEREOF, the dates hereinafter written. Executed by the City this ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney Executed by the Artist this barties have executed this Agreement on the ay of , 2005 CITY: CITY OF PALM BEACH GARDENS, a Florida mu n ici pal corporation By: Joseph R. Russo, Mayor [SEAL] day of , 2005. ART1 ST: Wendy M. Ross WITNESS: By: Notary Public Commission Expires: 14 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 9,2005 Meeting Date: May 19,2005 Resolution: 52,2005 SubjecUAgenda Item: Resolution 52,2005, authorizing the issuance not to exceed $6,950,000 of the City of Palm Beach Gardens General Obligation Refunding Bond, Series 2005, to Bank of America. [XI Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: civAnoA ~~ ~ Submitted by: Department Director Advertised: Date: Paper: [XI Not Required Affected parties [ ]Notified [XI Not required Costs: $30,000 (Total) !$ -0- Current FY Funding Source: [XI Operating [ ] Other Budget Acct.#: 001.0900.5 19.71 10 001.0900.5 19.7210 Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ 3 Continued to: Attachments: 9 Resolution 52,2005 (Draft form) 9 Escrow Agreement (Draft form) 9 Bank of America proposal and commitment letter [ ]None Date Prepared: May 9,2005 Meeting Date: May 19, 2005 Resolution: 52, 2005 BACKGROUND: Staff has been working with our financial advisor, Mr. Clark Bennett of Spectrum Municipal Services, to identify potential savings that could be realized from refinancing existing debt. Mr. Bennett has identified the Series 1996 and 1997 General Obligation Bonds as issues that could be refinanced and yield substantial savings. Mr. Bennett solicited quotes from financial institutions, and received responses from Suntrust, Wachovia, RBC Centura, and Bank of America. The rates quoted ranged from 3.88% to 3.32%. Staff is recommending awarding the loan to Bank of America, at a rate of. 3.32%. Based on this quote, the City would realize an estimated gross savings of $661,131.15, with anet present value savings of$533,251.79, whichequates to 7.87% ofthe refunded issue. Although there can be many reasons to refinance debt, General Obligation debt can only be refinanced to realize savings for the taxpayers. The current minimum level at which it is deemed advisable to refinance, purely from a financial point of view, is 3-5%. Accordingly, our financial advisor has recommended, and staff agrees, that it would be financially prudent to refinance the Series 1996 and 1997 General Obligation Bonds. The repayment of this loan will be from the separately levied debt service millage. Please note that the attached Resolution and Escrow Agreement are in “Draft” form. Mr. Bennett is currently awaiting final quotes for the interest rates that will be earned on the funds to be held in an escrow account to refund the outstanding debt. Once these final numbers are determined, the exact size of the bond issue and final savings will be known. At that time, our Bond Counsel, Mr. Skip Miller of the firm Adorno & Yoss, will be able to finalize all the blank spaces and insert the exact final numbers, and a final version ofboth the Resolution and Escrow Agreement will be forwarded to Council STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution, 2005, authorizing the issuance of not to exceed $6,950,000 City of Palm Beach Gardens General Obligation Refunding Bonds, Series 2005, to Bank of America. 0 RESOLUTION: Attached. RESOLUTION 52,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF $6,900,541 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005 FOR THE PURPOSE OF REFUNDING ALL OF THE CITY’S GENERAL OBLIGATION BONDS, SERIES 1996 AND SERIES 1997, THAT REMAIN OUTSTANDING; PRESCRIBING THE FORM, TERMS AND DETAI MAKING CERTAIN OTHER COVENANTS AN CONNECTION WITH THE ISSUANCE OF SU THE USE OF THE PROCEEDS OF SUCH THE LEVY OF THE AD VAL0 BEACH GARDENS TO THE REPA AN ESCROW AGENT AND AUT DELIVERY OF AN ESCROW DE WITH RESPECT TO THE ESIGNATING THE BONDS AS A “QUALIFIED 1986, AS AMENDED; AND P issue general oblig bt service payments on the Issuer’s outstanding valorem taxing power of the Issuer will be levied to provide for the payments due on the Bonds; and WHEREAS, Bank of America (the “Bank”) submitted the lowest bid to purchase the Bonds consistent with the Request for Bids sent out by the Issuer; and WHEREAS, the Issuer desires to designate an Escrow Agent and authorize the execution of an Escrow Deposit Agreement with respect to the Refunded Bonds; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, the Issuer does not reasonably anticipate issuing in excess of $10,000,000 in tax- exempt obligations in calendar year 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: , the capitalized tenns “Bank” shall mean Bank of America, and its success0 “Bond Rate” shall mean the per annum rate of i as herein provided. “Bond Resolution” shall mean this resolu authorized to be issued hereby. “Clerk” shall mean the City Clerk ccessors and assigns. gent, providing for the defeasance, on the tanding under the laws of the State of Florida. he Mayor of the City or, in the Mayor’s absence, the Vice-Mayor, or such y authorized to act on the Mayor’s behalf. other persons as may “Paying Agent” shall mean the Clerk. “Payment Date” shall mean the due date of any payment of principal of or interest on the Bonds. “Refunded Bonds” shall mean collectively the Series 1996 Bonds and the Series 1997 Bonds . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 “Series 1996 Bonds” shall mean the Issuer’s General Obligation Bonds, Series 1996 that remain outstanding on the date of adoption of this Resolution. “Series 1997 Bonds” shall mean the Issuer’s General Obligation Bonds, Series 1997 that remain outstanding on the date of adoption of this Resolution. thousand five-hundred forty-one ($6,900,541) at an interest rat basis of a 360 day year consisting of twelve (12) thirty day in the form of Bond attached as Exhibit “A” hereto). um, calculated on the amount as will result in twenty five (25) approxi interest, with the first payment due not later than Decem respect to both principal and interest at payable in lawful money of the United payable in accordance with the Bonds. Department of Finance of the City of Palm provided in the Bonds, shall be r interest from their date, The Bonds sha contained in the form of Bond ated into this Bond Resolution by attached as Exhibit “ this reference. f the nature of the Bonds, the maturity of the ns, the negotiated sale of the Bonds to the Bank to the City’s Request for Bids, is hereby found to ion and of the Bonds shall control to the extent of any pay certain costs of issuance of the Bonds. credit and taxing power of the Issuer are hereby irrevocably pledged to the payment of the principal of and interest on the Bonds. The Issuer will diligently enforce its right to receive tax revenues and will diligently enforce and collect such taxes. The Issuer will not take any action that will impair or adversely affect its right 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 to levy, collect and receive said taxes, or impair or adversely affect in any manner the pledge made herein or the rights of the Bank. SECTION 6. LEVY AND APPLICATION OF AD VALOREM TAX: In each Fiscal Year while any of the Bonds are outstanding there shall be assessed, levied and collected a tax, on all taxable property within the corporate limits of the City (excluding exemptions as required by applicable law), sufficient in amount to pay the principal of and interest onds as the same shall become due. The tax assessed, levied and collected for the securit f the Bonds shall be payment of the principal of and interest on the B shall transfer to the Paying Agent an amount suffi then due and payable and the Paying Agent is her such payment. e hereby constituted as a he Bonds shall also be and company for the security of legal investment for : In consideration of 1 hold the same from e and shall constitute a contract between the nts herein set forth to be performed by the Issuer e legal holder of the Bonds. : The Bonds shall be executed in the name of the its corporate seal shall be affixed thereto. In case ce until such delivery. The Bonds may be signed and sealed on behalf gh at the date of the Bonds such person may not have held such office or office with the Issuer, may not have been so authorized. SECTION 10. BONDS MUTILATED, DESTROYED, STOLEN OR LOST: In case any of the Bonds shall become mutilated, or be destroyed, stolen or lost, the Issuer shall issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated bond, or in lieu of and substitution for the Bond destroyed, stolen or 4 1 2 3 4 5 6 lost and upon the holder furnishing the Issuer proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. The Bond so surrendered shall be cancelled. If the Bond shall have finally matured or be about to finally mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Bond is lost, stolen or destroyed, without surrender thereof. 7 shall be subject to 9 redemption prior to mat of Bond attached as 10 Exhibit “A” hereto. 11 12 13 14 15 16 SECTION 12. ASSIGNABILITY: The Bond the Bank, or any assignee or successor-in-intere effective, and the Issuer obligated to pay such provided to the City’s Director of Finance at 1050 3341 0; provided, however, the written n 19 20 SECTION 13. 22 25 pledged to the p the Refunded Bonds. ssuer, its citizens and taxpayers to take advantage revailing low interest rates through the issuance ney required to refund the Refunded Bonds is $6,830,650, t to the Series 1996 Bonds and $3,635,000 with respect to the on premium of $65,650 ($3 1,000 with respect to the Series 1996 ct to the Series 1997 Bonds), accrued interest of $0 and costs of 30,000. $30,000 of such moneys will be provided from the proceeds of the 32 which am 35 Bonds and $34,65 36 issuance of approxim 37 38 39 40 41 42 Bonds, with the balance of $0 to be paid from other moneys of the Issuer. D. The Bonds have a lower net average interest cost rate than the net average interest cost rate of either the Series 1996 Bonds or the Series 1997 Bonds, and the rate of interest borne by the Bonds does not exceed the maximum interest rate established pursuant to the terms of Section 215.84, Florida Statutes, The estimated present value of the total debt service savings 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 anticipated to accrue to the Issuer from the issuance of the Bonds, calculated in accordance with Section 132.35(2)(a), Florida Statutes, is $533,25 1.79. E. The principal amount of the Bonds shall not exceed an amount sufficient to pay the sum of the principal amount of the Refunded Bonds that are outstanding on the date of issuance of the Bonds, the aggregate amount of unmatured interest payable on the Refunded Bonds to and including July 1, 2005, the date that the Refunded Bonds are to b med, any applicable redemption premiums related to the Refunded Bonds that are to b d, and the costs and expenses incidental to the issuance of the Bonds, all in accord tion 132.35, Florida Statutes. F. The first installment of princip not later than the G. The Bonds shall not be is officer or Mayor shall have filed the certificate require City Council. SECTION 14. ESCROW AGENT: T be approved by the Ma Deposit Agreement b Deposit Agreement shall be Wachovia by the execution of the Escrow funded Bonds as shall be described in the 0- Paying Agent to perform any and all functions that : The Issuer does hereby covenant with the resolution which r pursuant to the provisions of this Bond Resolution, except as provided herein. SECTION 17. INSTRUMENTS OF FURTHER ASSURANCE: The officers, employees and agents of the Issuer are hereby authorized and directed to do all acts and things required therein by the provisions of the Bonds authorized by this Bond Resolution, and for the full, punctual and complete performance of all the terms, covenants, provisions and agreements of the Bonds. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 SECTION 18. PROVISION OF FINANCIAL INFORMATION: The Issuer shall provide the Bank with a copy of its annually audited financial statements free of charge within thirty (30) days of such statements being prepared, but in no event later than one hundred eighty (180) days after the end of the preceding Fiscal Year. The Issuer shall also provide the Bank with such other financial information as the Bank may reasonably require. SECTION 19. BANK OUALIFIED ISSUE: The Issuer “qualified tax-exempt obligation” within the meaning of Secti Code of 1986, as amended (the “Code”). es the Bonds to be a SECTION 20. NO ARBITRAGE BONDS. le for and shall take any and all action necessary to keep the the provisions of Section 148 of the Code. arbitrage rebate requirements contained in Sect SECTION 21. more of the covenants, against public policy, or shall for any re agreements or provisions shall be null a provisions hereof or o id, then such covenants, rable from the remaining tent of such conflict, hereby superseded . This resolution shall take effect immediately upon its CITY OF PALM BEACH GARDENS, FLORIDA ~ MAYOR [SEAL1 ATTEST: 7 6 7 8 Gtt0””y 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 EXHIBIT “A” FORM OF BOND UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF PALM BEACH GARDENS GENERAL OBLIGATION REFUNDING B May 20,2005 THE CITY OF PALM BEACH GARDEN under the laws of the State of Florida (the “Issue only from the sources and in the manner speci Florida (the “Bank”), or to the assignee or successor-in principal sum of six-million nine-hundr manner to pay interest on the principal a “Bond Rate”). Interest shall be calculated sixty (360) day year. y-one ($6,900,541) and in like d from time to time from the hereinafter provided (the onth and a three hundred State of Florida. s in accordance with the following schedule: 12/01/12 $562,458.00 1 2/0 1 /13 581,287.00 12/0 1/14 600,745.00 12/0 1/15 620,855 .OO 12/0 1/16 641,639.00 12/0 1/10 526,611 .OO 12/0 1/17 663,118.00 12/01/11 544,23 8 .OO 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Accrued interest on this Bond will be due December 1, 2005. Each date when principal a Date.” If any of such Payment Dates s y or day or day on which the xt succeeding day which terest shall continue to accrue until the payment is actually recei en due shall bear interest from the due date until pai -UP LANGUAGE”] Beach Gardens, Florida, General Obligation Refunding Bonds, Series 2005”, issued in the aggregate principal amount of $6,900,541, under and pursuant to the Constitution and laws of the State of Florida, particularly Chapter 166, Part 11, Florida Statutes, Section 132.33 through 132.47, Florida Statutes, and Article VIII, Section 2 and Article VII, Section 12 of the Constitution of the State of Florida, the Charter of the City of Palm Beach Gardens and Resolution No. 52,2005 of the Issuer adopted on May 19,2005 (the “Bond Resolution”). This Bond is issued for the purpose of, and the 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 proceeds will be used to, redeem in their entirety the Issuer’s General Obligation Bonds, Series 1996 and the Issuer’s General Obligation Bonds, Series 1997 (collectively, the “Refunded Bonds”) and to pay certain costs of issuance of the Bonds. A copy of the Bond Resolution is on file at the office of the City Clerk of the Issuer and reference is made to the Bond Resolution for a more complete description of, among other things, the terms and security for this Bond, the rights and remedies of the holders of this Bond and the rights, duties and obligations of the Issuer. all be payable in any coin or currency of the United States of America which, at the t the payment of public and private debts and shall be ma to the holder hereof at address as the Bank or its assigns provides to the Dir the laws of the State of Florida. [INSERT BANK’S P If the Issuer (i) fails to pay any ins (ii) defaults in the payment of principal o t on this Bond when due, n of the Issuer, or (iii) if event of default shall be est hereon shall thereupon or thereafter, at the op n or liquidation of the Issuer, or the filing commission by the Issuer of any act of pt, or assignment by the Issuer for the benefit of roval by a court of competent jurisdiction or a petition against the Issuer. [BANK AND ISSUER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS BOND, THE BOND RESOLUTION AND ANY AGREEMENT 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY .] No covenant or agreement contained in this Bond or the Bond Resolution shall be deemed to be a covenant or agreement of any officer, member or employee of the Issuer in his or her individual capacity, and no such officer, mem on this Bond or be subject to any personal liability or ac It is hereby certified and recited that all acts, conditi required to exist, to happen and to be performed precede have happened and have been performed in regular and and Constitution of the State of Florid not violate any constitutional or statut IN WITNESS WHEREOF, the Issuer has issue in its name and on its behalf by the m attested by the manual signature of the nd its seal impressed hereon and ,2005. GARDENS, FLORIDA 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 FORM OF ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights and appoints attorney to transfer the within Bond in the books thereunder, and hereby irrevocably constitutes kept by the Issuer for the registration thereof, with full power of subst SOCIAL SECURITY NUMBER OR FEDERAL IDENTIFICATION NUMBER OF ASSIGNEE e of the within Bond, shall able laws or regulations. be construed as though they were written TEN COM - as tenant JT TEN - as joint te UNIFORM TUN (Cust.) (Minor) under Uniform Transfers to Minor By: Title: 13 EXHIBIT “B” FORM OF ESCROW DEPOSIT AGREEMENT 14 1 ESCROW DEPOSIT AGREEMENT 2 THIS ESCROW DEPOSIT AGREEMENT (this “Agreement”), is dated as of 3 , 2005, and is by and between THE CITY OF PALM BEACH GARDENS, 4 FLORIDA, a municipal corporation of the State of Florida (the “Issuer”) and 5 (the “Bank”), as escrow agent (the “Escrow Agent”) and as Co- 6 Paying Agent (the “Paying Agent”).for the Defeased Bonds (hereinafter defined). 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 . -1 WITNESSETH: WHEREAS, the Issuer has heretofore Series 1996 (the “Series 1996 Bonds”) an (the “Series 1997 Bonds”); and WHEREAS, the Issuer has determi Series 1996 Bonds and Series 1997 Bonds - rtain moneys with the A hereto (the “Defeased Bonds”) by Escrow Agent hereunder; and the Escrow Agent for such gations of the United States proper and timely application of the e payment of the Defeased Bonds, it is scrow Deposit Agreement with the Escrow Defeased Bonds; consideration of the foregoing and the mutual order to secure the payment of the principal of, ing to their tenor and effect, the hereby deliver to and give, grant, assign and pledge to the Escrow Agent and forever, all and sin successors in the trust hereby created, and to it and its assigns he property hereinafter described, to wit: I. All right, title, and interest of the Issuer in and to $ to be deposited by or on behalf of the Issuer with the Escrow Agent hereunder. 11. { W8033755-1} 1 1 2 3 4 111. All right, title, and interest of the Issuer in and to any Government Obligations purchased from the moneys described in Clause I above. 5 6 7 All right, title, and interest of the Issuer in and to all cash balances held from time to time hereunder and all income and earnings derived from or accruing to any Government Obligations described in Clause I1 above. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 IV. All (i) property which is by the express provisi be subject to the pledge hereof and (ii) additional pledged, assigned, or transferred as and for a to the pledge hereof, by the Issuer or by hereby authorized to receive the same by the Issuer to the effect that such purposes. erest on the Defeased r federal income tax trust nevertheless, upon the terms herein set shall be filly and promptly paid when maturity or mandatory redemption in en this Agreement shall be and become onditions hereinafter set forth. DEFINITIONS finitions. All terms used in capitalized form herein and not otherwise defined herein shall have the meanings ascribed to them in the Bond Resolution. In addition to words and terms elsewhere defined in this Agreement, as used herein, unless some other meaning is plainly intended, the following terms and phrases shall have the following meanings: 38 39 40 41 Bodyon “Bond Resolution” means Resolution 166, 1996, adopted by the City Council of the Issuer (the “Governing Body”) on November 21, 1996, authorizing the issuance of the Defeased Bonds, as supplemented by Resolution adopted by the Governing with respect to the Series 1996 Bonds and by Resolution { W8033755-I } 2 1 adopted by the Governing Body on with respect to the Series 1997 Bonds. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 “Escrow Deposit Trust Fund” means the fund so designated and established under Section 2.01 of this Agreement. “Government Obligations” means direct obligations of the United States of America which are not subject to callable or prepayment at the option of the United States of America prior to maturity. Section 1.02. Uses of Phrases. Words of the masculi er shall be deemed the context shall otherwise indicate, words importing t the plural number and vice-versa. Section 2.01. Creation of d. There is hereby created t fund designated the e and apart from other and established with the Escrow Ag Trust Fund” to be held in the custody the Issuer shall funds deposited in the Escrow Deposit shall, except for any remaining cash Obligations and other moneys deposited in the Escrow with all income and earnings thereon, in accordance with scrow Agent shall not invest any moneys held hereunder or otherwise dispose of the Government Obligations or moneys held hereunder except as provided in this Agreement. 37 38 39 40 41 Section 2.04. Irrevocable Trust Created. Except as expressly provided herein, the deposit of (or purchase for deposit of) the Government Obligations and moneys in the Escrow Deposit Trust Fund shall constitute an irrevocable deposit for the benefit of the holders of the Defeased Bonds and the holders of the Defeased Bonds shall have an express lien on the principal of and earnings on the Government Obligations and other 3 {W8033755-1} 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 moneys held in the Escrow Deposit Trust Fund hereunder until applied in accordance with this Agreement. The Government Obligations and earnings thereon and other moneys shall be held by the Escrow Agent and used only for the purposes and in the manner provided in this Agreement. Section 2.05. Use of Moneys in Escrow Deposit Trust Fund; Redemption of Defeased Bonds. On , 2005 the Escrow Agent shall transfer from funds in the Escrow Deposit Trust Fund to the Paying Agent the amount of interest, principal andor redemption price of the Defeased Bonds coming due on such date, as shown on Exhibit C. Such amount shall be applied by the Paying principal of, interest on, and redemption premium, if an Defeased Bonds. and maturing on or after December 1, , 2005, and that the Series 1997 after July 1,2006, shall be called for redemp directs that at least 30 days before form attached hereto as Exhibit D s be redeemed at their Bond Registrar, at the notice is mailed. The g Agent in connection Issuer agrees to pay t with such redempti ent of Trust Funds. After the initial .02 hereof, the Issuer may direct the y moneys remaining from time to time be invested and reinvested only in Government or rates and maturing on such date or dates and on of nationally recognized bond counsel selected by the Issuer in its sole on to the effect that such investment of such moneys will not adversely affect the exclusion from gross income of the interest on the Defeased Bonds for federal income tax purposes. Provided further, that no such investment instruction shall be given unless the Issuer shall have received and delivered to the Escrow Agent verification from a firm of independent certified public accountants to the effect that, taking into account such investment, the amounts held hereunder will be sufficient to pay the principal, premium, and interest on the Defeased Bonds in full as the same shall become due whether by redemption or otherwise. Section 2.07. Transfer of Funds After All Payments Required by This {W8033755-1} 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Agreement Are Made. On , 2005, after the transfer of funds described in Section 2.05 hereof has occurred, and after all fees and expenses of the Escrow Agent (including any attorneys' fees and expenses) due hereunder have been paid in full, all remaining moneys and Government Obligations, together with any income and interest thereon, in the Escrow Deposit Trust Fund shall be transferred to the Issuer by the Escrow Agent. The Escrow Agent shall have no responsibility for the application of amounts transferred by it to the Issuer as provided in the preceding sentence. the available proceeds in the Escrow Deposit Trust Fund any payment when due to the holders of any of the Defe shall notify the Issuer not less than fifteen (15) days p sufficient to make the Escrow Agent ayment date and the Agent will have sufficient funds to make such Section 2.09. Escrow Agent Fees. Paying Agent for serving hereun , payable upon or Paying Agent have y of the moneys or such compensation, or investments in the Escrow Deposit T for the reimbursement ent shall cooperate with the Paying to be made and thereafter continued t Trust Fund shall be made available by e payment of the Defeased Bonds as the ARTICLE I11 CONCERNING THE BANK Bank as Escrow Agent under this Agreement. Section 3.02. Acceptance by Bank. By execution of this Agreement, the Bank accepts its duties and obligations hereunder. The Bank undertakes to perfom such duties and only such duties as are specifically set forth in this Agreement and no implied covenants or obligations shall be read into this Agreement against the Bank. Section 3.03. Liability of Bank. The Bank shall not be liable in connection with the performance of its duties hereunder except for its own negligence or willful {W8033755-1) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 misconduct. The Bank shall not be liable for any loss or any resulting taxability of interest on the Defeased Bonds resulting fiom any investment made pursuant to the terms and provisions of this Agreement. The Bank shall not be liable for the accuracy of the calculations as to the sufficiency of moneys and of the principal amount of the Government Obligations and the earnings thereon to pay the Defeased Bonds. industry practice and shall make such books and records Issuer at all reasonable times. In the event of the Bank's Government Obligations or moneys received by it, Defeased Bonds, as herein provided. Section 3.04. Permitted Acts. The of or may deal in any obligations of the Issu rights as if it were not the Escrow Agent and Payi Section 3.05. Resignation Agent at the time when such resignatio uccessor Escrow Agent shall of a successor Escrow Agent and the funds and accounts held by the Escrow may be removed at any time by the Issuer, but the Escrow (except as provided by Section 3.07(b) hereof) until the ce of a successor Escrow Agent in accordance with the (b) The Escrow Agent shall be deemed to have been removed if it is dissolved, becomes incapable of exercising the powers of Escrow Agent hereunder or is taken over by any governmental action. (c) Notwithstanding the foregoing provisions of this Section 3.06, no removal of the Escrow Agent shall take effect until all fees and expenses of the Escrow Agent to be removed (including attorneys' fees and expenses) due hereunder shall have been paid. Section 3.07. Successor Escrow Agent. (W8033755-I} 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (a) When the position of the Escrow Agent becomes or is about to become vacant, the Issuer shall appoint a successor Escrow Agent to fill such vacancy. (b) If no appointment of a successor Escrow Agent shall be made pursuant to the foregoing provisions of this Section, the holder of any Defeased Bond then outstanding may, or any Escrow Agent retiring or being removed from office shall, apply to any court of competent jurisdiction to appoint a successor Escrow Agent. Upon the deposit by the retiring Escrow Agent of all funds and securities held by it under the provisions hereof into the registry of such court, such Escrow Agent shall be relieved of all future duties hereunder. (c) Any corporation into which the Escrow Age cessor to it in the to it shall be a party or any corporation to trust business of the Escrow Agent or any s contrary notwithstanding. Section 3.08. Receipt of Proc d correct copies of the atsoever kind or nature, which it or its powers and duties hereunder, and duct. Indemnification provided under this authorized offic suer. The Escrow Agent may conclusively rely, as to the opinion or other document furnished to the Escrow Agent pursuant to any provision of this Agreement; the Escrow Agent shall be protected and shall not be liable for acting or proceeding, in good faith, upon such reliance; and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Escrow Agent may consult with counsel, who may be counsel to the Issuer or independent counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance 7 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 herewith. Prior to retaining such independent counsel, the Escrow Agent shall notify the Issuer of its intention. ARTICLE IV MISCELLANEOUS nt is made for the written consent of benefit of the Issuer, the Bank and the holders from time and it shall not be repealed, revoked, altered or amend may, without the consent of, or notice to, suc rights of such holders and as shall not be this Agreement, for any one or more of the (a) to cure any ambiguity or nefit of the holders of lawfully be granted t Escrow Agent; and nds, securities or properties. sively upon an unqualified opinion of cts the rights of the holders of the Defeased should be determined by a court of competent jurisdiction to in no way affect the validity of the remaining provisions of this Agreement. Section 4.03. Agreement Binding. All the covenants, promises and agreements in this Agreement contained by or on behalf of the Issuer or by or on behalf of the Escrow Agent shall bind and inure to the benefit of their respective successors and assigns, and to the benefit of the holders of the Defeased Bonds, whether so expressed or not. Section 4.04. Termination. This Agreement (other than Section 3.09 hereof) { W8033755-1) 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made Section 4.05. Governing Law. This Agreement shall be governed by the applicable laws of the State of Florida. Section 4.06. Execution by Counterparts. This Agreement may be executed in several counterparts, each of which shall be regarded for all purposes as an original, and all of which, together, shall constitute and be but one and the same instrument. Section 4.07. Notices. Any notice, demand, directio or other instrument as follows or to authorized or required by this Agreement to be given s on the day sent by registered mail, return receip such other address furnished in writing by any oft thi { W8033755-1} If to the Issuer: Palm Beach d the Escrow Agent have duly executed CITY OF PALM BEACH GARDENS, FLORIDA , as Escrow Agent and Co- Paying Agent By: Its Authorized Signatory 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 EXHIBIT A DEFEASED BONDS Series 1996 Bonds Maturity Date (December 1) Principal Amount Interest Rate Call Premium 2016 $3,100,000 4.950 % % 101% L 101% 101% 00 101% Maturity Date (July 1) 2007 2008 2009 - 101% '0,000 5. 101% 275;OOO 4. 101% 5.000 101% 5.000 101% 5.100 101% 5.100 101% 5.100 101% (W8033755-1) 10 1 EXHIBIT B GOVERNMENT OBLIGATIONS TO BE DEPOSITED INTO ESCROW DEPOSIT TRUST FUND 2 3 4 5 6 7 8 Maturity 9- Date Principal 10 11 2005 $ 12 13 14 Dated Tvpe 15 16 17 18 19 20 21 22 23 24 25 {W8033755-1} 11 EXHIBIT C PAYMENT OF DEFEASED BONDS DEBT SERVICE SCHEDULE Series 1996 Bonds 8 9 Date 10 11 2005 12 13 14 15 16 17 18 19 2005 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Principal $3,100,000 Principal $3,63 5,000 Call Premium Interest $3 1,000 {W8033755-1} 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 EXHIBIT D REDEMPTION NOTICE CITY OF PALM BEACH GARDENS, FLORIDA GENERAL OBLIGATION BONDS, SERIES 1996 Maturity Date Interest Rate CUSP # December 1 , 2016 4.950 % e Resolution, adopted principal amount thereof plus accrued inte “Redemption Price”). The Bonds so called for redemption at the office of the payi On the Redemption Date the Rede ption proceeds of any payment made within e required by the Interest and Dividend Tax ng agent has the correct taxpayer identification Y as Co- Paying Agent By: Is/ CUSP numbers are included solely for the convenience of the owners, and no representation is made as to the correctness of the CUSP numbers indicated in this Redemption Notice. { W8033755-1} 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 REDEMPTION NOTICE CITY OF PALM BEACH GARDENS, FLORIDA GENERAL OBLIGATION BONDS, SERIES 1997 Maturity Date Interest Rate CUSP # July 1,2006 4.450 July 1,2007 4.500 July 1,2008 4.600 July 1,2009 4.800 July 1,2010 4.800 July 1,201 1 4.800 July 1,2012 5.000 July 1,2013 5.000 July 1,2014 5.000 July 1,2015 5.100 July 1,2016 5.100 JUG 1; 2017 Notice is hereby given that p November 2 1, 1996, as supplemented, Gardens, Florida, the scribed Resolution, adopted he City of Palm Beach payment and redemption on tion price of 101% of the ereon to the Redemption Date (the should be presented for payment and ,2005. able upon each e from and after emption D Withholding of 30% of gross redemption proceeds of any payment made within the United States of America may be required by the Interest and Dividend Tax Compliance Act of 1983 unless the paying agent has the correct taxpayer identification number (social security or employer identification number) or exemption certificate of the payee. Please furnish a properly completed IRS Form W-9 or exemption certificate or equivalent when presenting your securities for redemption. DATED this day of ,2005. { W8033755-I } 14 , as Co- Paying Agent By: /sf 0 CUSP numbers are included solely for the convenience of the owners, and no representation is made as to the correctness of the CUSP numbers indicated in this Redemption Notice. 15 Bankof America e* Bank of America, N.A. Middle Market Banking 4501 North Tamiami Trail Suite 400 Naples, FL 34103, Tel 239.659.2281 Fax 239.659.2284 FL4-577-0444 May 4,2005 Mr. Allan Owens Director of Finance City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33480 Re: RFP for the $6.700.000 for the refundinp to the City’s Series 1996 and Series 1997 General Obligabon Bonds We are pleased to have the opportunity to provide you a term sheet, which sets forth the general terms and conditions under which Bank of America, N.A. (the “Bank”) would provide financing to the City of Palm Beach Gardens (the “Borrower”). Contact Information: Linda Mason, Sr. Vice President 625 North Flagler Drive, 1 Oth Floor West Palm Beach, Florida 33401 Phone: 561-838-2353 Fax: 561-838-2325 Email: Linda.a.mason@,bankofamerica.com Holly Kuhlman, Credit Products Officer 4501 Tamiami Trail North, Suite 400 Naples, Florida 34 103 Phone: (239) 659-2275 Fax: (239) 659-2284 Email: holly.kuhlman@bankofamerica.com Borrower: Loan: Repayment: Maturity: 1000-1004 USOlyrnpii learns City of Palm Beach Gardens, Florida $6,700,000 Tax-exempt, Bank Qualified Loan Level semi annual payments of principal and interest over the term of the loan 2017 1 i Security: Interest Rate: Pre-payments: Bank Fees: Other Terms/ Conditions: Documentation1 Closing: The loan shall constitute a general obligation of the City and the full faith, credit and taxing power to the City is pledged for the payment of principal and interest on the loan. The loan will bear a bank qualified tax exempt fixed interest rate equivalent to the 78.7% of the 10 year treasury. As of May 4, 2005 the 10 year treasury was 4.216% equating to and indicative rate of 3.32%. The Borrower shall have the option to lock in the interest rate upon final determination of the loan amount, the amortization schedule (provided in writing to the Bank signed by an authorized official of the City) and the signing of the commitment letter. The Borrower understands that there are costs to the Bank in the event that the Borrower opts to lock in the interest rate and does not close the loan. Therefore, if the Borrower instructs the Bank to lock in the interest rate and does not close the loan by May 31, 2005, the Borrower shall pay a prepayment penalty as if the loan has closed and was fully paid and calculated in the manner as described in the prepayment section of this commitment letter. The above interest rate options assume that this is a bank qualified tax exempt loan. The bank will require an opinion of counsel acceptable to the Bank and the Bank’s counsel confirming the bank qualified tax exempt status of the loan prior to closing. In the event it is determined that the loan is taxable, standard gross up provisions shall apply. The Borrower may prepay this loan at anytime; however, the Borrower may be subject to a prepayment penalty; if on the date of the prepayment; interest rates for like instruments of like term are lower than the fixed rate on this note; then the Borrower will pay to the Bank an amount equal to the present value of the difference between the two rates over the remaining life of the original loan. None Documentation to include traditional covenants and disclosures for similar transactions of this nature including but not limited to material adverse changes prior to closing. All legal documentation including the form of the Note will be provided by Adorno & Yoss, Bond Counsel for the City, and approved by the Office of the City Attorney. Bond Counsel will also prepare and render the tax and validity opinions. Attorney Mark Raymond of the law offices of Moyle, Flannigan, Katz, Raymond, & 2 Sheehan, P.A. will act as Bank Counsel for the proposed transaction. All documentation must be acceptable to the Bank and the Bank’s counsel. All fees associated with the Bank’s legal review will be paid for by the Bank. Closing will occur on Friday May 20, 2005 as required by the RFP. On behalf of Bank of America, we look forward to exploring the proposed financing with the City of Palm Beach Gardens. Sincerely, Holly KuhrJl(an Vice President Credit Products Officer 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 18,2005 Meeting Date: May 19,2005 Resolution 61,2005 SUBJECT/AGENDA ITEM Resolution 61,2005: Gardens Mall - Art in Public Places Consideration of Approval: A request by Mr. Tom Cairnes, of the Forbes Company, on behalf of The Gardens Ventures, LLC, for approval of the proposed Art in Public Places for the Gardens Mall. The approximately 100-acre Gardens Mall property is generally located %-mile east of Alternate AlA on the north side of PGA Boulevard. [XI Recommendation to APPROVE with Two (2) Conditions [ ] Recommendation to DENY I Reviewed by: Planning Manager w Tala1 M. Benothman, AICP City Attorney Christine Tatum 4 Finance N/A Development Compliance NIA Bahareh Keshavarz-W olfs , AICP Growth Ma Administrat& ,k.b Charles K. Wu, AICP Approved By: Originating Dept.: Growth Management: Project Manager& &fW Michael J. Sanchez Principal Planner [' Quasi - Judicial [ 3 Legislative [ ] Public Hearing Advertised: [ ] Required [XI Not Required Affected Parties: [ ]Notified [XI Not Required FINANCE: N/A Costs: $ NIA Total !§ NIA Current FY Funding Source: [ ] Operating [XI OtherA Budget Acct.#: NIA City Council Action: [ ]Approved App. w/ conditions Denied Rec. approval Rec. app. w/ conds. Rec. Denial Continued to: Attachments: 0 1 1 I1 7/04 AIPP Advisory Board Minutes 0 Budget Breakdown 0 Art Dealer Resume 0 CostofArt 0 ProposedArt 0 Description of Proposed Art and Artist 0 Overall Mall Site Plan Proposed Location for 0 Resolution 61,2005 Art Date Prepared: April 18,2005 Meeting Date: May 15,2005 Resolution 61,2005 EXECUTIVE SUMMARY The applicant is proposing a sculpture entitled Newborn, by William Zorach, to be located on the first floor of the interior of the Gardens Mall in the common area directly adjacent to the new Nordstrom store. The total value of the sculpture is estimated at $225,000. The Art in Public Places Advisory Board and City staff are recommending approval of the proposed art. BACKGROUND On August 19, 2004, the City Council approved Resolution 159, 2004 allowing the following improvements to the existing Gardens Mall property: (1) the construction of a 144,000 square-foot Nordstrom department store in the location of the previously existing Burdines building; (2) the expansion of the Macy’s department store by 90,000 square feet; (3) the expansion of the Saks Fifth Avenue department store by 35,000 square feet; (4) the expansion of the Gardens Mall by 32,000 square feet of gross leasable area; (5) a reduction in the parking ratio for the Gardens Mall site from 4.9 as previously approved to 4.5; and (6) minor modifications to portions of the Gardens Mall parking lot, In accordance with Section 78-262 of the Land Development Regulations entitled Art in Public Places, Fee Imposed on Development, all budgets for new construction of private and public developments shall include one percent (1%) of the total budgets for vertical construction as a fee for art in public places. The subject fee shall be used by the developer for the provision of artwork on the project site, or the developer may choose to contribute one percent (1%) of the total building construction costs directly to the City for the provision of art on public property. Under the provisions of Section 78-261(a)( 1) of the City’s Land Development Regulations entitled Deposit ofFunds, the petitioner has placed $160,000 into an escrow account, which represents one (1%) percent of the estimated total cost of vertical construction of the aforementioned improvements (please see the attached budget breakdown). PROPOSED ART IN PUBLIC PLACES Completed in 1961, the proposed sculpture entitled Newborn, by William Zorach, is sculptured from travertine marble. Paying homage to the new mother cradling her infant, Newborn personifies an overriding family focus in Zorach’s work that spanned four (4) decades. The 30” x 57” x 26” sculpture will be located on the first floor of the interior of the Gardens Mall in the common area directly adjacent to the new Nordstrom store. The value of the sculpture is estimated at $225,000. The total value of the art including lighting ($5,000) and the sculpture base/plinth ($25,000) is $255,000. William Zorach studied at the Cleveland School of Art, the National Academy of Design in New York and La Palette in France. His sculpture, Mother and Child, won the Logan Metal of the Chicago Institute. It was later purchased by the Metropolitan Museum of Art. The artist died in 1966. ART IN PUBLIC PLACES ADVISORY BOARD RECOMMENDATION At its November 17, 2004, meeting, the Art in Public Places Advisory Board unanimously voted to recommend approval of the proposed sculpture at the proposed location. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 61,2005, with two (2) conditions of approval stated therein. 2 A b ART IN PUBLIC PLACES ADVISORY BOARD November 17,2004 Minutes The Art in Public Places Advisory Board met on November 17, 2004. The meeting was called to order at 5:37 PM, and opened with the pledge of allegiance. I. 11. 111. IV. V. VI. OATH OF OFFICE Patricia Snider, City Clerk, administered the Oath of Office to all regular members and all alternate members who were present. ROLL CALL Members present: Lee Bickford, Ellen Dukes, William Leizman, Linda Oliver, Audrey Stoller, Garri Katz, and Marilyn Spungin. Members Absent: Diane Cappella and Myra Davis Also Present: Kara Irwin, Staff Liaison and Senior Planner, Nina Nikolova, Alternate Staff Liaison and Planner, Mayor, Eric Jablin, Angela Wong, Project Manager, Mark Wilson, Superintendent of Facilities Maintenance, Amy Stepper, Arts and Events Supervisor, Christine Tatum, City Attorney, Patricia Snider, City Clerk and Susan Bell, Public InfonnatiodRecording Coordinator. SELECTION OF INTERIM OFFICERS (to serve until January 2005) Patricia Snider, City Clerk acting as the temporary chair, opened the floor to nominations for interim chair and vice chair. The board elected Diane Capella as Chairperson and Linda Oliver as Vice Chairperson in a 7-0 vote. ORIENTATION SESSION The board was given an orientation session that was led by Chnstine Tatum, City Attorney, and Patricia Snider, City Clerk. The orientation included the background and overview of the City’s Boards and Committees, the powers and duties of the Art in Public Places Advisory Board, the Florida Sunshine Law, public records requests, ethics and financial disclosure. All board members were given a Board and Committee notebook that explained in detail, everything that was discussed in the orientation. APPROVAL OF MINTUES The board approved the minutes fi-om the July 28,2004 and August 25,2004 meetings. ITEMS BY STAFF LIAISON Kara Irwin, Staff Liaison gave a presentation about the history of the Art in Public Places Board. This included: current and past projects, the duties of the board, the City’s current art program, and issues and concerns that occur when choosing art for the City. VII. OLD BUSINESS A. Outside lighting for Varotsos Art Piece and Inside Lighting for City Hall Art Exhibits. - Presented by Paul Morgan of Paul Morgan Lighting Design - Angela Wong introduced Paul Morgan of Paul Morgan Lighting Design to the board and gave a brief background of Paul’s relationship with the City. Paul explained to the board that he was commissioned by the outgoing board and discussed the projects he is currently working on. This includes the outside lighting for the Varotsos art piece and the inside lighting for City Hall. He showed the board photos of the outside lighting and showed them samples of fixtures for the inside lighting. There was discussion about the types of materials, the placement of the lighting, the durability of the fixtures and access to adjusting the lights. The board was concerned about lighting the Varotsos art piece without the artists consent. They would like the artist to be notified prior to the lighting being installed. Angela assured them that the artist does know about the intent to light the piece but she will contact him again for clarification. The board voted in a 7-0 vote to put the atrium lights out for bid. B. PGA Flvover Angela Wong discussed the background of the PGA Flyover with the board. She explained that after a long process there where three choices that board had as to how to handle the selection of an artist for the PGA Flyover. The choices were: Select an artist from the finalists already chosen by the outgoing board. Ask the outgoing board to be a subcommittee to help choosing the artists Start the process all over again. This could take over a year. 0 0 0 The board agreed unanimously that they should make the selection from the three remaining finalists. Each board member will make an appointment with the City Clerk’s office to come in and view the files that were submited by the artists that are finalists. Angela will also provide the board with all the information she has on the three artists. Garri Katz, Alternate board member, left the meeting at 6:50 PM. VIII. NEW BUSINESS A. Gardens Mall Art Recommendation to City Council Tom Carnes from the Gardens Mall presented to the board with an art piece called “New Born”. They would like to place the art near the future site of Nordstroms on the west side of the mall. The piece will cost approximately $255,000.00. The board approved the recommendation of “New Born” to City Council in a 6-0 Vote. B. Downtown at the Gardens Art Recommendation to City Council Rob Jacoby, the developer for Downtown at the Gardens, along with Ashley Barton presented the art proposed for Downtown at the Gardens. They explained the concept of the shoppinglentertainment center and the location of the project. They also showed the board sketches of three art pieces they would like to put in different locations throughout the project. The three art pieces are called: Temple, Pool and Water Bridge. After looking at the sketches and some discussion about the placement of the art, the board voted 6-0 to recommend the art to City Council. IX. WORKSHOPS Lucy Keshavarz of Art and Culture Group worked shopped three different projects. They were: A. Mirasol Town Square Lucy discussed the history of this project. She showed the board the location and the type of art they would like to put at Mirasol Town Square. After some discussion the board consented to Lucy moving forward with the project and asked that she come back with drawings of the proposed art. B. The Borland Center Lucy explained the concept for the Borland Center and what it will consist of. Kara Irwin gave the board some background on the City’s feelings on beautifying PGA Blvd. Mayor, Eric Jablin, reiterated what Kara said and stated that PGA Blvd is very special to the City and they would like to see the area beautified with art. The board would like to see more information on this project and would like to see drawings before moving forward. C. Garden Station Lucy explained to the board that Garden Station is a brand new project located just north of Hilda Flack and the Hampton Inn on RCA Blvd. She discussed the proposed location of the art work and said the piece will cost about $60,000.00. She will come back to the board when she has more information for them. Meeting Times The board would like to hold their meetings on the 2nd Monday of the Month at 5:30 PM. City Tour Kara Irwin offered the board the opportunity to take a tour of the City to view all the art that is located throughout the city. The tour will be conducted by Mark Hendrickson, the City Forester and Kara Irwin. X. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 8:44 PM. Approval: c & Linda Oliver, Vice Chairperson / Lee Bickford, Boar&ember i' ,/ 1 Myri,&%, Board Member * .. Audrey Stolld, Board v Member Garri Katz, Alternate Board Member Marilyn Spungin, Alternate Board Member Attest: c-: &&.mr~ sell, Public Information/ Recording Coordinator c’ 3101 PGA Boulevard Palm Beach Gardens, FL 33410 561.775.0510 Maln 561.630.7297 Fax THE FORBES COMPANY November 1, 2004 Mr. Michael Sanchez Senior Planner City Of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: The Gardens Renovation I Expansion Art in Public Places Dear Mike: Enclosed for forwarding to the art advisory committee for their approval and recommendation to City Counsel, please find two copies of each of the following: * Photograph of the Newborn by William Zorach 9 Appraisal letter from Martha Parrish and James Renish, Inc. for the sculpture. Business biography for the appraisers. . Brief biography of the piece. . Floor plan showing the future home of the sculpture. (Mike, if you remember during the approval process City Counsel allowed that the art be installed inside the mall.) The following is a cost of the construction work at the mall. Mall Expansion $4MM . Nordstrom - Shell $4MM . Nordstrom - Interior $8MM . Total cost of construction - $16MM Art in Public Places - requirements 1 % of construction cost = $1 60,000 Mr. Michael Sanchez Senior Planner City Of Palm Beach Gardens November 1,2004 Page 2 The following is the value of the art: The sculpture I marble carving - $225,000. . Sculpture base / plinth - $25,000 Special lighting for the piece - $5,000. . Total cost of art work - $255,000 Mike, as you can see the cost is considerably more then the Art in Public Places resolution requires. Macy's and Saks Fifth Avenue will be responsible for their own contributions. The sculpture will be located in the expanded mall - Nordstrom wing. We feel that it is an appropriate addition to the sculptures that are currently on display in the mall. If you need additional information or have any questions, please contact me. Sincerely, THE FORBES COMPANY Thomas P.'Cairnes Director of Construction TPC:kj Cc: S. Forbes Martha Parrish & James Reinish, Inc. Private Dealers in -4merican Art Martha Parrish and James Reinish are private art dealers in New York City specializing in 1 gth and 20th Century American and European painting, sculpture and works on paper In recent years they have focused on American Modernism, especially in the period of 1905 to 1945. The two worked together for many years at Hirschl & Adler Galleries in New York City where Martha was director of European Art and Jim was a specialist in American Modernism and a senior vice president. In 1993 Martha Parrish & James Reinish, Inc. was established and a gallery opened at 25 East 73rd Street. In the ensuing years the pair developed a wide range of clients including private collectors, consultants, museums and corporations, which are both buyers and sellers of fine art. They have assisted a number of museums sell deaccessioned works including The Museum of Modern Art, New York (Edward Hopper and Stuart Davis), The Columbus Museum of Art, Columbus, OH (Albert Bierstadt and Pierre-Auguste Renoir), the Arkansas Art Institute, Little Rock, AR (William Merritt Chase). The partners have become experts in the work of painters such as Milton Avery, Thomas Hart Benton, Marsden Hartley and Edward Hopper as a result of the sheer volume of paintings and works on paper they have sold by these artists. They continue to sell 19th Century European and American works as well. The Parrish-Reinish team has assisted a number of clients in assembling entire collections of art. Most notable is the Hyde Collection in Memphis, Tennessee which consists of paintings, sculpture and drawings by artists who were represented by Alfred Stieglitz at his New York galleries. The two are serving as consultants for the owners. On the sell side, the pair has been instrumental in the dispersal of estates of private collectors from New York to Hawaii. They also have assisted a number of corporations including American Express, AXA, Norfolk Southern and Southwestern Bell Corporation in the sale of artworks from their collections. Martha Parrish & James Reinish, Inc. is a member of the Art Dealers Association of America. 'The partners also are Fellows of the Whitney Museum of American Art. MARTHA PARRISH & JAMES RBINISH, INC. 25 EAST 73 STREET NEW YORK, NY 10021 (212) 734-7332 FAX (212) 734-7303 October 15, 2004 Mr. Sidney Forbes The Forbes Company 100 Galleria Ofticentre, Suite 427 Southfield, MI 48034 Dear Sid. Attached is the current market appraisal for William Zorach’s direct marble carving, Newborn. The piece was originally acquired for $160,000 from Hirschl & Adler Gallery (New York) in 1988. Hirschl & Adler got the sculpture from William Zorach’s Estate through its agent Virginia Zabriskie. Before 1988 the piece had never been owned outside the Zorach family. The current market evaluation -- $225,000 -- was reached through a study of Zorach sales (public and private) since 1988 as well as discussions with Virginia Zabriskie and members of the Zorach family. There have been no recent comparable Zorach sculptures sold at auction. Newborn is unique, it is a direct carving, and it is larger than almost anything sold at auction or owned by the Zorach Estate in many years. Attached are Artnet printouts of auction sales of a few large Zorach sculptures since 1990. Spirit of the Dance (bronze, 47 inches high) was sold at Christie’s (New York) for $12 1,000 in November 1990. This is from an edition of at least eight bronze casts; it was also sold at a low point in the art market and is smaller than Newborn Pumas a pair of bronzes standing 37 1/2 inches high were sold at Sotheby’s (New York) in May 1999 for $1 12,500. Once again, these are smaller works, from an edition of at least eight bronze casts -- although 1999 was a stronger moment in the American art market. At the moment the only unique Zorach work on the market is a smaller stone piece -- Head of Ceto, pink porphyry, 21 1/2 inches high -- that is being offered by Zabriskie for $125,000 (see attached photo). Both the Zorach family (his grandsons are executors of the estate) and Zabriskie stated that they would ask around $250,000 or $260,000 for Newborn if it were on the market today in order to achieve the $225,000 that they have stated as current market value. A piece like Newborn is rare on the current market because of its size and the direct carved stone medium. 19TH & ZOTH CENTURY EUROPEAN AND AMERICAN ART Mr. Sidney Forbes October 15,2004 Page 2 If you have questions regarding anything that is enclosed, please give me a call. Sincerely, Martha V. Parrish enclosures I, October 7, 2004 Mr. Sidney Forbes The Forbes Company 100 Galleria Oficentre, Suite 427 Southfield, MI 48034 Dear Sid, I have carehlly examined the following piece of sculpture; I have indicated my opinion of its current market value to the right of the description below: Current Market Value: William Zorach Newborn, c. 1955-60 Marble 30 X 57 X 26 inches $225,000 Supporting documentation for this current market appraisal as well as a business biography are enclosed. If you have questions, please give me a call. Sincerely. enclosures 19TH & 20TH CENTURY EUROPEAN AND AMERICAN ART WILLIAM ZORACH Newborn, c. 1955-60 marble 30 x 57 x 26 inches .- I .- .. t I, NEWBORN by William Zorach ....... ompleted in 1361, Newborn is sculptured from travertine marble. Paying homage to the new mother cradling her infant, Newborn personhes an overriding farmly focus in Zorach’s work whtch spanned four decades. William Zorach studied at the Cleveland School of Art, the National Acadamy of Design in New York and La Palette in France. His Sculpture Mother and child won the logan Medal of the Chicago Art Institute. It was later purchased by the Metropolitan Museum of Art. The artist ded in 1966. .1 .... . \\ I 4 4-c. ?w THE GAl\DEtij PM BEACH GAWEKS. RORDA 4 DEVELOPER THE FORBES COMPANY I P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 61,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC PLACES PROPOSAL FOR THE GARDENS MALL LOCATED WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) I PLANNED COMMUNITY DEVELOPMENT (PCD) LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF ALTERNATE AIAAND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 15,1984, the City Council approved a development order for a Regional Shopping Mall within the Regional Center DRI, to be referred to as the “Gardens Mall,” through the adoption of Resolution 62, 1984, allowing for the construction of a retail shopping mall together with all incidental uses thereof; and WHEREAS, on August 19,2004, the City Council approved Resolution 159,2004 allowing for certain improvements and expansions to the existing Gardens Mall; and WHEREAS, Mr. Tom Cairnes of the Forbes Company, on behalf of The Gardens Ventures, LLC, has submitted a petition (AlPP-05-03) with the City’s Growth Management Department requesting approval of the proposed Art in Public Places for the Gardens Mall; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, on November 17, 2004, the Art in Public Places Advisory Board reviewed said application and unanimously recommended its approval to the City Council; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the proposed Art in Public Places for the Gardens Mall located on the following described real property: Date Prepared: April 18,2005 Resolution 61, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 LEGAL DESCRIPTION: THE GARDENS MALL LEGAL DESCRIPTION AS FOUND ON THE PLAT OF THE GARDENS MALL RECORDED IN PLAT BOOK 70, PAGE 24, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS. CONTAINING 100.367 ACRES, MORE OR LESS. SECTION 3. Said approval shall be consistent with plans and documents filed with the City’s Growth Management Department as follows: 1. Art Location Plan, received and stamped by the City on February 11, 2005. 2. Photograph of sculpture, entitled “Newborn,” by William Zorach, received and stamped by the City on February 11,2005. SECTION 4. Said art approval shall comply with the following conditions, which shall be binding upon the applicant, its successors, assigns, and/or grantees: 1. The applicant shall be responsible for maintenance of the sculpture, including the lighting. (Planning & Zoning) 2. The sculpture shall be installed prior to the issuance of the first certificate of occupancy. Prior to the issuance of the building permit for the installation of the artwork, the applicant shall submit a copy of its corporate logo and any mission statement of its organization, with authorization for the City to use such information in future publications. Within 60 days of issuance of the first certificate of occupancy, the applicant shall submit to Planning and Zoning Division photographs of the installed sculpture entitled “Newborn” by Mr. William Zorach, with authorization for the City to use such photographs in future publications. (Planning & Zoning) SECTION 5. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant‘s agents at any workshop or public hearing. SECTION 6. This Resolution shall become effective immediately upon adoption. 2 Date Prepared: April 18,2005 Resolution 61,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFI C I EN CY Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBERVALECHE --- COUNCILMEMBER BARNETT --- d G:\attorney-share\RESOLUTlONS\gardens mall aipp - reso 61 2005.doc 3 CITY OF PALM BEACH GARDEkS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 15, 2005 Meeting Date: May 19, 2005 Resolution 62, 2005 SubjectlAgenda Item: Three-year lease agreement with Enterprise Fleet Services to lease eight (8) unmarked vehicles for the Police Department. [ X ] Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: i City Attorney Submitted by: Chief Stephen Stepp Department Director Originating Dept.: Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required Costs: $J70,441 (Total for 3 years) $18,938 Current FY 2004/2005 Funding Source: [ X ] Operating [ ] Other Budget Acct.#: 001.1040.521.4420 ~~ Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attach men ts : Master Lease Agreement with Enterprise Fleet Services Bid Submittal #2005- 007 from Enterprise Fleet Services, as amended Enterprise Net Rate Quotes [ ]None Date Prepared: April 15, 2005 Meeting Date: May 19, 2005 Resolution 62,2005 BACKGROUND: The Police Department has leased unmarked vehicles from a leasing agency for the past several years for covert operations. That contract is due to expire. A Request for Bid was advertised and four bids were received to lease eleven unmarked vehicles to be used in the Special Operations Bureau. The vendor who provided the lowest bid was not accepted due to the fact that their bid was submitted incomplete by not providing the required gap insurance information. Additionally, this vendor is located out of state. The bid submitted by Enterprise Fleet Services was the second lowest acceptable bid and was selected. Subsequently, it was decided that the City would be better served by leasing only eight of the eleven vehicles and canceling three vehicles to re-bid at a later date in order to reduce costs. The cost of the previous year's agreement that is due to expire was approximately $78,000. The total one-year cost for the proposed agreement as amended is $56,814 for each of the three years, and the total cost of the three-year agreement is $170,441. The impact to the current FY 2004/2005 budget is approximately $1 8,938 which will cover June through September 2005. STAFF RECOMMENDATION: Staff recommends approval of the amended three-year closed end lease with Enterprise Fleet Services. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 62,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE ACQUISITION OF EIGHT ADDITIONAL UNMARKED POLICE VEHICLES PURSUANT TO A MASTER LEASE AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND ENTERPRISE FLEET SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Police Department has determined that it is necessary to acquire eight additional unmarked police vehicles; and WHEREAS, a request for bid was advertised and Enterprise Fleet Services was selected; and WHEREAS, City and Enterprise Fleet Services have agreed that the acquisition will be governed by the terms and conditions of the Master Lease Agreement with Enterprise Fleet Services dated March 31, 2003, a copy of which is attached hereto; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the acquisition of eight unmarked police vehicles in accordance with the terms and conditions of the Master Lease Agreement between the City of Palm Beach Gardens and Enterprise Fleet Services dated March 31, 2003, subject, however, to the terms and conditions set forth in the purchase orders and Net Lease Rate Quotes attached hereto The City Council hereby authorizes the City Manager to execute any documents necessary to effectuate the lease of these vehicles. SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: April 15, 2005 Date Prepared: April 15,2005 Resolution 62, 2005 1 PASSED AND ADOPTED this day of ,2005. 2 3 4 5 6 7 8 9 10 ATTEST: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBERVALECHE --- COUNCILMEMBER BARNETT --- \\pbgsfile\Attorney\attorney_share\RESOLUTIONS\agmt with Enterprise Fleet Svcs-pd cars - reso 62 2005.doc 2 5105 Johnson Road Coconut Creek, FL 33073 954-354-5400 - 954-354-5401 Fax I -i April 19,2005 Re: Three (3) Year Agreement for Lease of Eleven (1 1) Vehicles Close End Leases. City of Palm Beach Gardens. To whom it may concern: Please note the following changes were made to bid # 2005-007 as requested by Chief of Police Stephen J. Stepp from the City of Palm Beach Gardens. -. Bid item #3: cancelled. Includes vehicle and Full Maintenance Program. Bid item #4: cancelled. Includes vehicle and Full Maintenance Program. Bid item #9: cancelled. Includes vehicle and Full Maintenance Program. Bid item #8: new unit price $504.44 per month and $18,159.84 total. This is due to the elimination of additional option (PCH) Premium value package w/ power sunroof and option (LAM) for group and dealer advertising contribution. I Bid item # 10: new unit price $448.10 per month and $ 16,131.60 total. This is due to the elimination of dealer and group advertising contribution. Bid item # 1 1 : new unit price $428.90 per month and $1 5,440.40 total. This is due to the elimination of dealer and group contribution. New Total for this bid; $170,441.88 Please contact German Canola at 954-354-5432 with any questions regarding these changes. 1 German Can0 Account Manager Enterprise Fleet Services 5105 Johnson Road Coconut Creek, FL 33073 954-354-5401 Fax 954-354-5400 April 18,2005 Re: Three (3) Year Agreement for the Lease of Eleven (1 1) Vehicles Close End Leases. City of Palm Beach Gardens. To whom it may concern: Please find included with this bid, eleven (1 1) Net Lease Bid Quotes with the specs for the vehicles requested. Please note that the first page of the quote must be signed and the additional pages should be initialed and dated by an authorized signer for the City of Palm Beach Gardens. Enclosed is also a copy of the original Master Walkaway Lease Agreement signed by Ed Latorre General Sales Manager for Enterprise Fleet Services and Eric Jablin Mayor for the City of Palm Beach Gardens. Please contact me with any questions at 954-354-5432 or 954-803-9349. Sincerely, Account Manager Enterprise Fleet Services , .- - , 18. ..- MASTER WALKAWAY LEASE AGREEMENT This Master Walkaway he Agreement is entad into this thirty-first day of March, 2003, by and between Division of Enterprise Leasing Company, a Florida corporation doing business as ”Enterprise Fleet Savices” (“Lessor“), and the lessee whose name and adhs is set folth on the signatwe page below (“Lessee”). 1. LEME OF VEHICLES: Lessor hereby leases to Lessee and Lessee hdy leases from Lessor the vehicles (“Vehicle(s)”) described in the schedules from time to time delivered by Lessor to Lessee as set forth below (“Schedule(s)”) for the rentals and on the terms set forth in this Agreement and in the applicable Schedule. Refaarca to this “Agrcunent” shall include this Master Walkaway Lease Agreement, the various Schedules and addenda to this Master Walkaway Lease Agreement and all otha related agruanents, documents and instruments. Lessor will, on or about the date of delivay of each Vehicle to Lessee, send Lessee a Schedule covaing the Vehicle which will include, among other things, a description of the Vehicle, the lease tem and the monthly mtal and other payments due with nspcct to the Vehicle. The tams contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (IO) days after the date of delivay of the Vehicle covered by such schedule. This Agreement is a lease only and Lessor wlll at all times remain the owner of the Vehicles and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for fcdeml and applicable state income tax purposes with Lessor having all benefits of ownership. 2. TERM: The term of this Agreement (“Term”) for each Vehicle begins on the date such Vehicle is delivered to Lessee (the “Delivery Date”) and, unless terminated earlier in accordance with the terms of this Agreement, continues for the “Lease Term” as described in the applicable Schedule. 3. RENT AND OTHER CHARGES: (a) Lessee agrees to pay Lessor monthly rental according to the Schedules and this Agreement. The monthly rental payments will be in the amount listed as the Total Monthly Rental Including Additional Services” on the applicable Schedule and will be due and payable in advance on the fint day of each month. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly mtal payments, Lessee agrees to pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the due date of the first rental payment date. Lessee agrees to pay Lessor the ‘Total Charges’’ set forth in each Schedule on the due date of the first monthly rental paymat under such Schedule. @) The monthly mtal rate allows the number of miles per month as set forth in the applicable Schedule. Lessee agrecs to pay Lessor, at the end of the applicable Tm (whether by reason of expiration, early termination or otherwise) an excess mileage charge for any miles in excess of this avenge amount per month at the rate set forth in the applicable Schedule. (c) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Tarn. except that the deposit will bt be applied to any losses andor damages suffered by Lessor as a result of Lessee‘s breach of or default of this Agreement and/or to any other amounts then owed by Lessee to Lessor. (d) Any mtd payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days aftex its due date will accrue interest, payable on demand of Lessor, hm the date due until paid in full at a rate per annum equal to the lesser of (9 Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the “Default Rate”). (e) If Lessee fails to pay any amount due under this Agreement or to comply with any of the aovenants contained in this Agreement, Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand. 4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, ICcensed and insured drivers to use and operate the Vehicles. Lessee a- to comply with, and cause its drivers to comply with, all laws, statutes, des, regulations and ordinances and the provisions of all insurance policies affecting or covaing the Vehicles or their use or operation. Lessee agrtcs to keep the Vehicles 6ree of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transpotting hazardous substances or pons for hire, fa any illegal purpose or to pull trailas that exd the manufactuds trailer towing mmmendations. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor‘s written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense a- to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. in the same condition and working order as at the commencement of the applicable Term, reasonable wear and tear resulting from proper use excepted. If a Vehicle is not returned in the requirod condition, Lessee agrees to pay Lessor, at Lessor’s option, the estimated cost to restore such Vehicle to such condition, or the actual cost of restoration, if the Vehicle is restond. If for any reason Lessee fails to &urn any Vehicle to Lessor as and when required in accordance with this section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal prorated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor’s remedies with respect to Lessee’s failure to &many Vehicles as quid hereunder. 5. COSTS, EXPENSES, FEES AND CHARGES Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, registraPion, delivery, purchase, sale, rental, use or opedon of the Vehicles during the Term. If Lessor incurs any of such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same. 6. LICENSE AND CHARGES: Each Vehicle will be licensed in Lessor‘s name at Lessee‘s expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor-owned vehicle. 7. REGISTRATION PLATES, ETC.: Lessee agrees, at its own expense, to obtain in the name of Lessor all registration plates and other plates, permits, inspections ador licenses required to be obtained in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee’s expense. The parties agree to cooperate and to hrnish any and all information or documentation which may be reasonably necessary for compliance with the provisions of this section or of any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling and/or registration laws of such other state. 8. 1MPROVEMENTS & MAINTENANCE OF VEHICLES: Lessee agrees, at its expense, (a) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturefs instructions and warranty requirements ahd all legal requirements and (b) hmish all labor, materials, parts and other essentials required for the opemion and maintenance of the Vehicles. Any alterations, additions, replacement parts or improvements to the Vehicles will become and main the property of Lessor and will be returned with the Vehicles pursuant to Section 4. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing, Lessee shall have the right to move any additional equipment installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4 so long as Lessee repairs any damage to such Vehicle caused by such removal. The value of such alterations, additions, replacement parts and improvements will in no instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to the Vehicles which detract from its economic value or functional utility. ksor will not be required to make any repairs or replacements of any nature or description with respect to the Vehicles, to maintain or repair the Vehicles or to make any expenditure whatsoever in connection with the Vehicles or this Agreement. 9. SELECIION OF VEHICLES AND DISCLAIMER OF WARRANTIES: (a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IN GOOD CONDITION AND REPAIR AND IS 1 -_ -1 , . SA'MSFACTORY IN ALL RESPECIS AND 1s' SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A ' MANUFACIWRER OF OR A DEALER IN ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF OR A DEALER IN ANY VEHICLE. (b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDlTION, MERCHANTABILITY, OR mS FOR ANY PARTICULAR PURPOSE, OR Wm RESPECT TO INFRINGEMENT, TITLE OR THE LME, lT BEING AGREED THAT Au. SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED "AS IS," "WlTH ALL FAULTS." All Warranties made by ahy supplier, vendor and/or manufahrw arc hercby assigned by ksor to Lessee for the duntion of the applicable Term and Lessee's only remedy, if any, is against the supplier, vendor or manut%ctura of the Vehicles. No defect, unfitness or lack of gbvanmcntal approval regardless of the cause or consequence will relieve Lessee from the performance of its obligations under this Agnancnt, including the payment of mt. (c) Lessor will not be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of, or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of savice or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, Lessor will have no liability to Lessee under this Ament or under oder authorimtion form executed by Lessee if Lessor is unable to locate or purchase a Vehicle odered by Lessee or for any delay in delivery of any Vehicle odd by Lcssee. 10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or deshuction of the Vehicle from any cause whatsoever ("Casualty Occumnce"). No Casualty Occurrence to any Vehicle will relieve Lessee from its obligation to pay rent or to perform any of its other obligations under thii Agnanent. In the event of a Casualty Occurrence, Lessee shall give Lessor prompt notice of the Casualty Occumnce and thereafter will place the applicable Vehicle in good repair, condition and working order, provided, however, that if the applicable Vehicle is determined by Lssor to be lost, stolen, destmyed or damaged beyond repair (a Totaled Vehicle"), Lessee agrees to pay Lessor no later than the due date of the next following monthly rent payment with respect to such Totaled Vehicle the total of (i) all rent and other amounts, if any, due at the time of such payment and allocable to the Totaled Vehicle & (ii) the replacement value, as determined by ksor in good faith, of the Totaled Vehicle immediately prior to the Casualty Occurrence. Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle. 11. INSURANCE: Lessee agrees to purchase and maintain in force during the Term, insurance policies in at lcast the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee against any damage, claim, suit, action or liability and will provide a catificate naming Lcssor as certificate holder: Commmial Automobile Liability, including UninsWnderinsured Motorist Covemge and No-Fault Protection (S5000,000 for Vehicles capable of transporting more than 8 passengers): (a) State of Vehicle Recristration Connecticut, Massachusdts, Maine, New Hampshire New Jersey, New York, Pennsylvania, Rhode Island, and Vermont Florida All Other States (b) Physical Damage (Collision & Comprehensive): Coverage Sl,OOO,OOO Combined Single Limit Bodily Injury and Property Damage - No Deductible S500,000 Combined Single Limit Bodily Injury and Prom Damage g Sl00,OOO Bodily Injury Per Person, S300,OOO Per Occumn~e and S50,OOO Property Damage (100/300/50) - S2,500.00 S300,OOO Combined Single Limit Bodily Injury and Pmperty Damage g Sl00,OOO Bodily Injury Per Person, S300,OOO Per Occurrence and SS0,OOO Property Damage (l00/300/50) - No Deductible Actual cash value of the applicable Vehicle. Maximum deductible of $SO0 per Occurrence - Collision and S250 per Occurrence - Coplprehmive If the requirements of any govemmental or regulatory agency exceed the minimums stated in this Agreement, Lcssee must obtain and maintain the higher limits. Lessee agrees that each required policy of insurance will by appropriate endorsement or othetwise name Lessor as an additional insured and as a loss payee, as its intat& may appear. Further, each such insurance policy must provide (i) that the same may not be cancelled, changed or modified until after the insurCr has given to Lessor or its assigns at least a thirty (30) day prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other pcrson shall affect the right of Lessor to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is "primary coverage" for the protection of Lessee and Lessor notwithstariding any other coverage camed by Lessee or Lessor protecting against similar risks. Original certificates evidencing such coverage, shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor as Lessee's attorney-in-hot to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee ffiils to do so. Any expense of Lessor in adjusting or collecting insurance shall be borne by Lessee. Lssee, its drivers, servants and agents agree to coopemte fully with Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every*demand, notice, summons or other process received in connection with such claim or action. 12. INDEMNITY: Without waiving any provisions of Section 768.28, Florida Statutes, Lessee agrees it will exercise its privileges hereunder, at its own sole risk, and agnes, to the extent permitted by law, to indemnify and save harmless Lessor from all liability, loss, cost, and expense, including attorney's fees, which may be sustained by Lessor to any person, by reason of the death or injury to any person or damage to any property caused by or arising out of the actions of the Lessee, its employees and agents in the exercise of this lease. 13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any govemmental authority during the Term. Lessor will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where the Vehicles located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complele the odometer disclosure form as quid by law may result in fines and/or imprisonment. 14. DEFAULT; REMEDIES: The following shall constitute events of default ("Events of Default") by Lessee under this Agreement: (a) if Lessee fails to gay when 2 * 'i ,due my rent or other amount due under this &cement; @) if Lessee fails to paform, @q or obsave any other term, provision or covamnt contained in this A@eanenc (c) any reiaue or confiscation of any Vehicle or any other act (oh than a Casualty Occumace) otherwise rcndaing any Vehicle unsuitable for use (as ddamined by Lessor); (d) the occurrence of a material advase change in the financial condition or business of Lessee; or (e) if Lessee is in default under or fails to comply with any other present or fbbm agreement with or in favor of Lessor. Upon the occurrmce of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concumntly or sepanrtely (and without any election of remadies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expidon of the Tam), Lessor and its agents and independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to move and ~cpossess the Vehicles withiin applicable law; (b) Lessor may enforce performance by @see of this Agreement; (c) Lessor may recover damages and ~pcnses sustained by Lessor by reason of Lessee's default including, to the extent permitted by applicable law, all costs and expenses, including court costs and attorneys' fees and expenses, incunrd by Lessor in attempting or effecting enforcement of its rights under this Agreement (whether or not litigation is commenced) and/or in codon with bankruptcy or insolvency pmeedings; (d) upon notice to Lessee, Lessor may terminate Lessee's rights under this Agreement; (e) with respect to each Vehicle, Lessor may rscover from Lessce(i) either the Vehicle (in the condition required by Section 4) or the estimated undamaged wholesale value of the Vehicle (as determined by Lessor in good faith) & (ii) all accrued and unpaid rent for such Vehicle for the period ending on, and all other amounts owed by Lessee with respect to such Vehicle as of, the date all of the amounts owed by Lessee to Lessor under this clause (e) (including the amounts owed under this subclause (i)) are paid in full (the "Payment Date") & (iii) an amount equal to three (3) months rent & (iv) Thirty Percent (30%) of the total hture rent due under the applicable Schedule for the paiod commencing on the Payment Date and ending on the last day of the scheduled Term; andor (9 Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Cornmenial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative. 15. ASSIGNMENTS: Lessor may from time to time (a) assign, pledge or transfer this Agreement andor any or all of its rights or interests under this Agreement and/or (b) grant a security interest in or lien on any or all of the Vehicles to secure indebtedness of Lessor. Lessee agrees, upon notice of any such assignment, security intaest or lien, to achowledge receipt thereof in writing and, as instructed in such notice, to pay all amounts due or to bccome due under this Agreement to such assignee or secured party. Each such assignee or secured party will have all of the rights of Lessor under this Agreement but none of Lessor's obligations or duties under this Agreement. Lessee agrees that it will not assert against any such assignee or secured party any defense, offset, claim or counterclaim which Lessee may be catitled to assert against Lessor under this Agreement or otherwise, but any such claim may be separately asserted against Lessor. Lessee's rights and interst in and to the Vehicles arc and will continue at all times to be subject and subordinate in all respects to any assignment or security agreement now or hereafter executed by Lessor with or in favor of any such assignee or secured party, provided that Lessee shall have the right of quiet eujoyment of the Vehicles so long as no Event of ffiult under this Agreement has occurred and is continuing. Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agrement, any Vehicle, or any intcrest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's interest in this agreement is not assignable and can not be assigned or twnsfemd by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor. 16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. Any modification, change or amendment may be made only by an instnunent in miting executed by the parties. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the minds of this Agreement and any other application of such term or provision will not be affected thmby. Giving of all notices under this Agreement will be sufficient if mailed by catified mail to a party at its address set forth below or at such other addrcss as such party may provide in writing from time to time. +y such noticc mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mil, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee's address. This Agreement may be executed in multiple counterparts (including telacopy countaparts), but the comtapart markcd "ORIGINAL" by Lessor will be the origi~l lease for purposes of applicable law. All of the rcpresentations. wades, covenants. agreements and obligations of each Lessee under this Agreement (if mom than one) are joint and several. 17. SUCCESSORS AND ASSIGNS; GOVERNING LAW Subject to the provisions of SectionlS, this Agreement will be binding upon Lessee and its hein, executors, pmonal rcpresentatives, successo~s and assigns, and will inure to the benefit of Lessor and its successors and assigns. This Agreement will be governed by aad coflstrued in accordaflce with the substantive laws of the state where Lessor's office is located (as set forth below), which law will apply in the went of any conflict of law. In the cvcnt of litigations regading this contract, the parties agree that venue will be Palm Beach County, Florida. Lessor and Lessee have duly executed this Master Walkawa LESSOR: By: Ed Latorre Title. Group Sales Manager Address: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens. Fl. 33410 Address: 1701 W. Hillsboro Blvd. Deerfield Beach, Fl. 33442 f/ Date Signed: -,a 3 I BID SUBMllTAL BID #2005.007 Three (3) Year Agreement for the Lease of Eleven (11) Vehicles Closed End Leases To: Ojty of Palm Beach Gardens Palm Beach Gardens, Florida 33410 4 10500 N. Military Trail En terwise J,e agrees to deliver eleven lease vehicles as defined in this Bid #2005-007 and in accordance with the requimjments of the Specifications and Bid Documents. The undersigned Bidder has carefully examined the Specification requirements, BidlContract Documents and is familiar with the nature and extent of the Work and any local conditions that may In any manner affect the Work to be done. The undersigned agrees to provide eleven (11) lease vehicles called for by the Specifications and Bid Documents, in the manner prescrlbed therein and to thegtandards of quality and performance established by the City fbr the unit Bid price stated in the spaces herein provided. The undersigned agrees the right of the City to hold ail Bids and Bid guarantees for a period not to exceed ninety (90) days after the date of Bid openina stated in the Request for Bid. The undersigned accepts the invoicing and payment policies specified In the Bid. Upon award of this Bid the City and Bidder each binds himself, itself or herself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Bid Documents. The Bid Document constitutes the entire agreement between City and Bidder and may only be altered, amended or repealed by a Change Order or a written amendment, The Bidder, by signing the Bid Submittal (pg. 3034), acknowledges and agrees to abide by ail the terms, conditions and specifications contained in this Bid Document. Eleven (11) Lease Vehicle List Bid item # Quantitv - Unit 1 &2. .3 a 4. 5. 6. 7. 8. 9. IO. 11. EACH EACH EACH EACH EACH EACH EACH EACH EACH DeSCtiDtlOn 2005 Ford 600 SE 2005 Ford Explorer XLS 2005 Toyota Camry STD 2005 Chevroiet Trailblazer LS 4x2 2005 Chevrolet Colorado LS 4x2 2005 Pontiac G6 Base 2005 Pontiac Bonneviiie SE 2005 Nissan Altima SE 2005 Nissan Titan SE King Cab 4x2 c 29 5106 Johnwn Road Coconut Creek, FL 33073 : 954-35*400 954-354-5401 Fax i \ To whom it may concern: Enterprise Leasing Company will offer GAP coverage to protect the City of Palm Beach Gardens from any eventual damage resulting between the value of the vehicle and the full lease amount. This coverage will be charged at the rate of five dollars ($5) per vehicle per month included in the monthly lease charge. I I Ed Latorre General Sales Manager c , fou are invited to bid on the following: Three (3) Year Agreement for the Lease of Eleven (1 I) Vehicles Closed End Leases Three (3) Year agreement for the Lease of Eleven (1 1 ) Vehicles-Closed End Leases 3id tern VO. - 1 2 3 4 5 6 Quantity 36 36 36 36 36 36 Unit Month Month Month Month Month Month Description rhree (3) year lease of eleven (1 1) vehicles for the current Model Year, in accordance with the following bid pricing >ages. ManufacturerModel: 2005 Ford 500 Sedan SE 4-DOOr qeference pg. 14-28 for specifications on vehicle bature$loptions <, ManufacturerlModel: 2005 Ford 500 Sedan SE 4-Door qeference pg. 14-28 for specifications on vehicle katuresloptions 1 ManufacturerlModel: 2005 Ford Explorer 4x2 XLS 4.0 V-6 Reference pg. 14-28 for specifications on vehicle featuresloptions ManufacturerlModel: 2005 Ford Explorer 4x2 XLS 4.0 V-6 Reference pg. 14-28 for specifications on vehicle featuresloptions ManufacturerlModel: 2005 Toyota Camry STD Reference pg. 14-28 for specifications on vehicle featuresloptions Manufacturer/Model: 2005 Chevrolet Trailblazer LS 4x2 Reference pg. 14-28 for specifications on vehicle featuresloptions Jnit 'rice 6549.8 'er Month 6549.8 'er Month 6527.0 'er Month 5527.0 Per Month $415.2 Per Month $W Per Month rotai 619794.9 619794.9 $18974.1 $18974.1 $14949.7 $151fi3-d C Total bid (this page) 10 7 . 6 5 L 8 8 30 , .> Three (3) Year Agreement for the Lease of Eleven (1 I) Vehicles Closed End Leases INVITATION TO BID #2005-007 You are invited to bid on the following: I Three (3) Year agreement for the Lease of Eleven - I (1 1) Veh;cles - Closed End Leases d Quantity 36 36 36 36 36 .- Unit Month Month Month Month Month k Description ManufacturerlModel: Chevrolet Colorado 4x2 extended Cab, Short Bed Reference pg. 14-28 for specifications on vehicle featuresloptions Manufacturer/Model: Pontiac G6 Sedan STD Reference pg. 14-28 for specifications on vehicle featuregloptions ManufacturerlModel: Pontiac Bonneville SE Sedan Reference pg. 14-28 for specifications on vehicle featuresloptions ManufacturerlModel: Nissan Altima 3.5 SE Reference pg.14-28 for specifications on vehicle featuresloptions Manufacturer/Model: Nissan Titan 4x2 king Cab pick-Up Truck Reference pg. 14-28 for specifications for vehicle featuresloptions Unit Price $369.2 Per Month $535.8 Per Month Per Month $JiQL2 $a0 Per Month $42113 Per Month t Total Total Bid (this page) 8 8 . 5 1 1 - 8 2 31 , You are invited to bid on the following: Three (3) Year Agreement for the Lease of Eleven (1 I) Vehicles Closed End Leases Three (3) Year agreement for the Lease of Eleven (1 1) Vehicles - Closed End Leases mon th month. ’’ Bid Item No. 1-2 3-4 5 6 7 8 9 1( 1: - - NOTE: PLEASE INDICATE “NO BID” , WHERE APPROPRIATE, FOR EACH BID ITEM NUMBER UNDER “TOTAL”. NOTE: VENDOR IS TO PROVIDE FULL MAlNTENACE INCLUDING ALL PREVENTATIVE MAINTENANCE, MAINTENANCE AND REPAIRS DURING THE LEASE d Quantity 2 2 1 1 1 1 1 1 1 month. montp Unit GARDENS, FLORIDA. NOTE: APPROXIMATE ANNUAL MILEAGE WLL BE 20,000. b Description ‘4 ~~~&lY IS INSURED BY PREFERRED GOVERNMENT INSURANCE TRUST AND WLL FURNISH LESSOR THE CITY’S STANDARD CERTIFICATE OF INSURANCE. NOTE: REQUESTED THAT THE DELIVERY OF ALL VEHICLES COMMENCE ON APPROXIMATELY JUNE 1,2005. Unit Price $55.14 $57.69 $55.14 $57.69 $55.14 $55.14 $55.14 $55.14 $57.65 Total $3970.0 $4153,6 $1985.0 $2076.84 $1985.04 $1985.04 $1985.04 $1985.04 $2076.84 1. FOB Point: Delivered Onlv 2. 3. 4. 5. Bidder shall guarantee delivery within 6 0 calendar days from receipt of Purchase 6. Terms of Payment (e.g. Net 30): &. t 3 0 Your lease terms are Include in this bid package: Yes Define Warranty I Maintenance Periods: 36 months-0 I ormiles Includes all preventive maintenance and major repairs. Excludes brakes. Order Reference StatelLocal Government Contract namelnumber if applicable: No 32 Bid #2005-007 Closed End Leases .\ Three (3) Year Agreement for the Lease of Eleven (11) Vehides .BID SUBMITTAL I SIGNATURE PAGE ' Datedthb '5thdayof April .2005 (Mow Cym Addnss: Telephone:( ) Fax:( ) 5105 Johnson Rd Address: Coconut Creek fL 33073 Tdcphone: (954 ) 354-54 00 Fa: 3 54 - 54 0 1 Tmxpayer Idcntifimtioa Number (TINIJZXN): 160307480323 State Under Which Corporation Was Chartered: Florida Corporate President: J30 AmLD L, Q;s (Print N8me)' 1, L1mc3 Corporate Sccrctrry: MA eK (Print Name) IdiuAm W, SUYDEE t Corporate Treasurer: (Print Name) CORPORATE SEAL 33 VENDOR SERVICE REPRESENTATIVEINFORMATION The following individuals are the designated contacts: REGULARWORKHOURS: 8 am to 6 pm Name: German Canola Address:5105 Johnson Rd Coconut Creek FL 33073 Telephone: (95p 8 0 3 - 9 3 4 9 ? AFTER WORK HOURS, WEEKEND & HOLIDAYS: Name:mal Service DeDa rtment Add res:= Telephone: (82h 3 53 - 86 7 7 I 8 t 34 / VENDOR CHECK LIST YES- . /NO- 1. Named Vendor Representative and Contact Information YESJ NO- 2. Itemized Price Bid Submittal YES, J NO- 3. Proof of Insurance Certification or Letter of Intent b YESJ NO- 4. Bid prepared in 1 original document and 5 copies YESJNO- 5. Bid signed by authorized representative YESJNO- 6. Manufacturer’s catalog information YESLNO- 7. Warranty / Maintenance Periods defined YESLNO- 8. Your lease terms are included YES- /NO- 9. Reqheck your quotations prior to submission. c 35 r DRUG F'RElE WORKPLACE ..! Pwference shall be given to businesses with drug-free workplace programs. Whenever two or more Proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or Design/Build services, a Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Ib Pbblish a statement notifying employees that the unlawful manufacture, distributiop, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or services that are under Proposal a copy of the statement specified in subsection (1). 4. . In the statement spkcified in subsection (I), notify the employees that, as a condition ofworking on the cbmmodititk or Desigfluild services that are under Proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certifL that this firm complies fully with the above requirements. 36 Net Lease Rate Quote Quote No: 625090 Prepared For: City of Palm Beach Gardens Police Dept. GEIST, RICHARD AWAM JZUGAC Date 04/06/2005 unn # Year 2005 Make Ford Model Five Hundred Series SE 4dr Front-wheel Drive Sedan Vehicle Order Type Ordered Term 36 State FL Customer No 209267 Items Due on Delivery Indicated By* Order Information $0.00 $0.00 $0.00 $0.00 $0.00 $ 0.00 $0.00 - Capitalized Price Reduction Tax on Capitalied Price Reduction Gain Applied From Prior Unit Initial License Fee Registration Fee Other Security Deposit Extended Service Contract S 549.86 Monthly Lease Charge (Based on Prime @ 5.750%)j Additional Fleet Services Master Policy Enrollment Fees $0.00 Commercial Automobile Liability Enrollment Liability Limit $o.oo $0.00 Physical Damage Management $55.14 Full Maintenance Program Contract Miles 60,000 Incl: # Brake Sets (1 set = 1 Axle) 2 $55.14 Additional Services SubTotal $0.00 UseTax $0.00 Monthly Property Tax S 605.00 Total Monthly Rental Including Additional Services $0.00 Service Charge Due at Lease Termination Monthly Rental Includes 1,666 Miles Per Month Miles in Excess Of 60,000 Will Be Charged At $0.1550 Per Mile (Quote is Subject to Customer's Credit Approval) Notes Driver Name Exterior Color (0 P) Titanium Green Clearcoat Metallic Interior Color (0 I) Shale w/Cloth Bucket Seats Llc. Plate Type GWR 0 Comp/Coll Deductible 010 OverMileage Charge $0.0350 Per Mile # Tires 0 Loaner Vehicle Not Included State ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Walkaway Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. LESSEE City of Palm Beach Gardens Police Dept. BY TITLE DATE * INDICATES ITEMS TO BE BILLED ON DELIVERY. MONTHLY LEASE CHARGE WILL BE ADJUSTED TO REFLECT THE ACTUAL PRIME RATE ON THE DELIVERY DATE. CAPITALIZED PRICE OF VEHICLE WILL BE ADJUSTED TO REFLECT FINAL MANUFACTURERS INVOICE. LESSEE HEREBY ASSIGNS TO LESSOR ANY MANUFACTURER REBATES AND/OR MANUFACTURER INCENTIVES INTENDED FOR THE LESSEE, WHICH REBATES AND/OR INCENTIVES HAVE BEEN USED BY LESSOR TO REDUCE THE CAPITALIZED PRICE OF THE VEHICLE. Printed On 04/06/2005 03:34 PM Page 1 of 4 \ SELECTED OPTIONS CODE CANOPY 530 UB 553 64A ARBAG C ALARM CT-01 PANT l7B 1OOA 582 DV-01 HEATMR 991 425 LITING DESCRWON 2nd Row Safety Canopy w/Rollover Sensor Transmissloin:’GSpeedtic, . Wheels if” 7Spoke Aluminum wPainted Finish SidelmpadAlrBags , -.- cloth Bucket Seats Anti-TheQt Perimeter Alarm ‘ (0 I) shale wmth Bucket seats.’ Mondone Paint Application Tires: P215/60Rx17 BSW OrderCodelOOA Radii: MM Steredcloddsingle Cb (0 P) Titanium Green Clearcoat Metallic Heated ExWior Mimxs Engine: 3.OL 4V V6 Ouratec 50 state Emissions system perhneter Lighting safety & Security Package Tradon C&tmi *, 7 STANDARD EQUIPMENT Body Exterior Features: 4doors Pawer remde folding side-view door mirrors Bodycdoreddoorhandles chromefrontbumperbert Chrome rear bumper insert Fully galvanbed steel body material Rocker panel extensions Black wkhrorne sunwnd grille Manuai air cod- with air fiiter crulse control with steering wheel mtrols Pawer trunklhatchldoor remote release Power windows with driver 1-touch down Keyfob (ail doors) remote keyless entry Illuminated entry Keypadwng Autdoddng- Interior lock disable Keyrob bunwhatchldoor release steering wheel with manual tilling Day*m rea* mlm Illuminated drlver and passenger-dde visor mirrors Front and rear cupholders Full floor amole wlth covered box Mini ovemead console wlth stmge Illuminated locking glove box front and rear bumpers Convenience Features: Printed On 04/06/2005 0334 PM Driver and passenger door bins Rear door bins Seatback storage pockets 2 Audio media storage Covered dashboard storage Driver's footrest Retained accessory power 2 12V DC power outlets Entertainment Features: AMlFM stereo with seek-scan, single indash CD player 4 speakers Fixed antenna Lighting, Vlsibility and Instrumentation Features: Aero-composite halogen headlamps Variable intermittent wipers Front windshield visor strip Rear window defroster Light-tinted windows Dome light with delay Front and rear reading lights Variable instrument panel lighting Analog display Tachometer Trip odometer Water temp. gauge In-radio clock Oil-pressure warning Water-temp. warning Battery warning Low-molant warning Lights-on warning Key-in-ignition warning Low-fuel warning Low-washer-fluid warning Bulb-failure warning Door-ajar warning Trunk-ajar warning Brake-fluid warning Turn-signal-on warning Safety and Security: Four-wheel ABS brakes 4 ABS channels Four-wheel disc brakes Front ventilated disc brakes Compact spare tire Spare tire mounted inside under cargo Driver and passenger front-impact airbags Front passenger airbag occupancy sensor Height adjustable front seatbelts Front seatbelt pre-tensioners 3 point rear center seatbelt Side-impact bars Rear child safety locks Ignition disable SecuriLock Panic alarm Manual adjustable front head restraints 2 fixed rear head restraints Seats and Trim: Max. seating capacity of 5 Front bucket seats 6-way driver seat adjustment Manual reclining driver and passenger seats Manual driver lumbar support Power height-adjustable driver seat Power driver forelaft adjustment Power driver cushion tilt 4-way passenger seat adjustment Manual passenger forelafi adjustment Front center armrest Rear 60-40 bench seat Rear seat fold-forward seatback Rear seat center armrest Printed On 04/06/2005 03:34 PM REVIEWED INlTlAL I DATE Page 3 of 4 Cloth front and rear seat upholstery Cloth door panel trim Full cloth headliner Carpet floor covering Simulated cabn fibre instrument panel insert, console insert Plasticdrubber shift knob Carpet front and rear floor mats Metal-look interior accents Carpet cargo space Cargo light Standard Engine: Engine 203-hp, 3.0-liter V-6 Standard Transmission: Transmission 1-speed CVT w/OD SELECTED COLOR Exterior:. Interior: DV (0 P) Titanium Green Clearcoat Metallic CT(0 I) Shale wlCloth Bucket Seats Printed On 04/06/2005 03:s PM REVIEW ED WAL DATE Page 4 of 4 Net Lease Rate Quote e Quote No: 649047 Prepared For: City of Palm Beach Gardens Police Dept. GEIST, RICHARD AUAM JZUGAC Date 04/19/2005 Unit # Year 2005 Vehicle Order Type In-Stock Make Pontiac Term 36 Model G6 State FL Series Base 4dr Sedan Customer No 209267 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.oo Capitalized Price Reduction * Tax on Capitalized Price Reduction Gain Applied From Prior Unit Registration Fee Other * Security Deposit - Extended Service Contract * Initial License Fee Items Due on Delivery Indicated Bf Order Information Driver Name Exterior Color (0 P) Liquid Silver Metallic Interior Color (0 I) Ebony w/Link Cloth Seat Trim Lic. Plate Type GWR 0 t 504.44 Monthly Lease Charge (Based on Prime Q 5.750%)' Addltional Fleet Services Master Policy Enrollment Fees $0.00 Commercial Automobile Liability Enrollment Liability Limit $o.oo $0.00 Physical Damage Management $55.14 Full Maintenance Program Contract Miles 60,000 Incl: #Brake Sets (1 set = 1 Axle) 0 t 55.14 Additional Services SubTotal $0.00 UseTax $0.00 Monthly Property Tax ComplColl Deductible 010 OverMileage Charge $0.0350 Per Mile # Tires 0 Loaner Vehicle Not Included State s 559.58 Total Monthly Rental Including Additional Services $0.00 Service Charge Due at Lease Termination Monthly Rental Includes 1,666 Miles Per Month Miles in Excess Of 60,000 Will Be Charged At $0.1 550 Per Mile (Quote is Subject to Customer's Credit Approval) Notes ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Walkaway Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. LESSEE City of Palm Beach Gardens Police Dept. BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. ' MONTHLY LEASE CHARGE WILL BE ADJUSTED TO REFLECT THE ACTUAL PRIME RATE ON THE DELIVERY DATE. CAPITALIZED PRICE OF VEHICLE WILL BE ADJUSTED TO REFLECT FINAL MANUFACTURERS INVOICE. LESSEE HEREBY ASSIGNS TO LESSOR ANY MANUFACTURER REBATES AND/OR MANUFACTURER INCENTIVES INTENDED FOR THE LESSEE, WHICH REBATES AND/OR INCENTIVES HAVE BEEN USED BY LESSOR TO REDUCE THE CAPITALIZED PRICE OF THE VEHICLE. Printed On 04/19/2005 11:OO AM Page 1 of 5 Net Lease Rate Quote e - Total Aftermarket Equipment Billed fi 0.00 Yotal Aftermarket Equipment Capitalized fi 140.00' Aftermarket Equipment Total $ 140.00 Quote No: 649047 Aftermarket Equipment Total I WINUUW TINT I I c idn nnl Printed On 04/19/2005 11:OO AM Page 2 of 5 Quote No: 649'04il Vehicle Information ~~ - j. 2005 Pontiab G6 Base 4dr Wan SeW'lD: 22069 '' , 'i \ SELECTED OPTIONS CODE -6 Nw7 PDD AP9 PCI Discount A51 837 AP3 QPE PAINT JL9 UC6 PCI ASN FE9 E91 PF9 67U-03 E90 MXO R6J 196-01 JF4 u(9 AYO DESCRIPTJON Link Cloth Seat Trim Enhanced Tnytion Contrd System (ETS) Conveniencg-Package Cargo Net Discount Front Mining 45/45 Bucket Gats Front 6 Rear Carpeted Fkxnmqts Remote Vehicle Starter System Tkes: P215/60R16Touring BW * ' Monotone Paint Applii 4-Wheel Antllock 4-Wheel Disc Brakes Radio: ETR AWFM Stereo w/GDisc InDash CD Chngr Driver's Package Power Driver &Way Seat Adjuster Federal Emissions Requirements Front Passenger Sea- Map Pocket Wheels: 16" Painted Cast Aluminum Driver Seatback Map Pocket Transmission: Electronic 4- Automatic w/OD Dialog Network (0 I) Ebony wRlnk Cloth Seat Trim Power Adjustable Gas 6 Brake Pedals Engine: 3.5L V6 SFI Side Roof RalVSMe-Impact Front Air Bags , (0 P) Lk@l silver Metallic STANDARD EQUIPMENT Body Exterior Features: 4 doors Power remote folding side-view door mirrors Bodycolored door handles Bodydored front and rear bumpers Fully galvanized aeel body material Black w/chrome surround grille Convenience Features: Manual air conditioning Cruise control with steering wfieei controls Power trunkfhatct-ddoor remote release Power windows with driver 1-touch down Keyfob (all doors) remote keyless enby lllumlnated entry Aut~locklngdoors Keyfob trunkmatct-ddoor release Steering wheel with manual tilting, manual telescoping Day-nlgM rearview mirror Auxiliary driver and passenger-side visor mirrors Front and rear cupholders Printed On 04/19/2005 1 1 :00 AM Page 3 of 5 Full floor console with covered box Glove box Driver and passenger door bins Bin instrument-panel storage Retained accessory power 2 12V DC power outlets Entertainment Features: AM/FM stereo with seek-scan, single in-dash CD player 6 speakers Window grid antenna Lighting, Visibility and Instrumentation Features: Delay-off aermposite halogen headlamps Front fog lights Variable intermittent speed-sensitive wipers wipers Rear window defroster Light-tinted windows Dome light with fade Variable instrument panel lighting Analog display Tachometer Outside-temperature display Trip computer Trip odometer Water temp. gauge In-radio clock Oil-pressure warning Water-temp. warning Battery warning Low-oil-level warning Low-coolant warning Lights-on warning Key-in-ignition warning Low-fuel warning Low-washer-fluid warning Door-ajar warning Trunk-ajar warning Brake-fluid warning Safety and Security: Four-wheel disc brakes Front ventilated disc brakes Daytime running lights Compact spare tire Spare tire mounted inside under cargo Driver and passenger front-impact airbags Height adjustable front seatbelts Front seatbelt pre-tensioners 3 point rear center seatbelt Side-impact bars Remote activated perimeter/approach lights ignition disable PASSLock Security system Panic alarm Manual adjustable front head restraints 2 rear head restraints Seats and Trim: Max. seating capacity of 5 Front bucket 4545 seats 4-way driver and passenger seat adjustments Manual reclining driver and passenger seats Manual driver and passenger fore/aft adjustment Front center armrest Rear 60-40 bench seat Rear seat fold-forward seatback Cloth front and rear seat upholstery Full cloth headliner Carpet floor covering Metal-look door panel insert Plastidrubber shift knob Chrome interior accents Carpet cargo space Cargo light Printed On 04/19/2005 11 :00 AM Page 4 of 5 Standard Engine: Engine 200-hp, 3.5-liter V-6 Standard Transmission: Transmission 4-speed automatic w/OD SELECTED COLOR Exterior: interior: 67U (0 P) Liquid Silver Metallic 19B(O I) Ebony w/Link Cloth Seat Trim Printed On 04/19/2005 11:OO AM Page 5 of 5 J Net Lease Rate Quote Quote No: 630934 Prepared For: City of Palm Beach Gardens Police Dept. GEIST. RICHARD Unit # Year 2005 Make Toyota Model Camry Series LE V6 (A5) 4dr Sedan Date 04/06/2005 AUAM JZUGAC Vehicle Order Type Ordered Term 36 State FL Customer No 209267 Items Due on Delivery Indicated By" $0.00 Capitalized Price Reduction $0.00 Tax on Capitalized Price Reduction $0.00 $0.00 Initial License Fee $0.00 Registration Fee $0.00 Other Gain Applied From Prior Unit Order Information Driver Name Exterior Color (0 P) Mineral Green Opalescent Interior Color (0 I) Stone w/Cloth Seat Trim Lic. Plate Type GWR 0 $0.00 Security Deposit S 0.00 Extended Service Contract $415.27 Monthly Lease Charge (Based on Prime Q 5.750%)' Addftionai Fleet Services Master Policy Enrollment Fees $0.00 Commercial Automobile Liability Enrollment Liability Limit $o.oo $0.00 Physical Damage Management $55.14 Full Maintenance Program Contract Miles 60.000 Incl: # Brake Sets (1 set = 1 Axle) 0 $55.14 Additional Services SubTotal $0.00 UseTax $0.00 Monthly Property Tax S 470.41 Total Monthly Rental including Additional Services $0.00 Service Charge Due at Lease Termination Monthly Rental Includes 1,666 Miles Per Month Miles in Excess Of 60,000 Will Be Charged At $0.1550 Per Mile (Quote is Subject to Customer's Credit Approval) Notes ComplColl Deductible 010 OverMileage Charge $0.0350 Per Mile # Tires 0 Loaner Vehicle Not Included State ALL TAXAND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set rth herein and in the Master Walkaway Lease agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle LESSEE City of Palm Beach Gardens Police Dept. pement and BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. MONTHLY LEASE CHARGE WILL BE ADJUSTED TO REFLECT THE ACTUAL PRIME RATE ON THE DELIVERY DATE. CAPITALIZED PRICE OF VEHICLE WILL BE ADJUSTED TO REFLECT FINAL MANUFACTURERS INVOICE. LESSEE HEREBY ASSIGNS TO LESSOR ANY MANUFACTURER REBATES AND/OR MANUFACTURER INCENTIVES INTENDED FOR THE LESSEE, WHICH REBATES AND/OR INCENTIVES HAVE BEEN USED BY LESSORTO REDUCE THE CAPITALIZED PRICE OF THE VEHICLE. Printed On 04/06/2005 03:36 PM Page 1 of 4 Net Lease Rate Quote Quote No: 630934 Vehlclg Information SELECTED OPTIONS CODE DESCRIPTION STDST FrontBucketSeats PAINT Monotcw Paint Aqplication CF STOTN Transmlsskn:uecbonlcsspeedAutmticw/OD 6R6-01 (0 P) Mineral Green Opa,,esqd SlDTR Tkes:p2o5/65R15Q2TASBSW ' GY river L passenger side L Curtain Air Bag system STOWL Wheels: 6.555 x 15 Aluminum STDRD Radii: AhUFM ElR Stereo wCD & 6 Speakers FE Sostate EmMons 4 STMN Englne: 3.M. V6 DOHC SMPl carpet FiOodTh Mat (&piece set), FB clothseattikn . 95-01 (0I)Stare~lCklhSeatTrkn - ' STANDARD EQUIPMENT BodyExteriorFeatures: 4doors Pawerremoteskle-wdoormimxs Bodycdoreddoorhandles Bodycolored front and rear bumpers Fully galvanized steel body material Grllle with chm bar convenience Features: Manual air conditioning with air filter crufse conw wlth steering wheel controls Powertrunkmatch/doorremotereleese Mechanical fuei remote release Pawer windows wlth driver l-touch down Keyfob (all doocs) remote keyless entry lllumlnated entry ~~ngdoors Valet key Keyfob trunkmatch/door release Steering wheel with manual tilting Day-nlght rearvlew mirror Driver and passengeraide visor mirrors Front and rear cupholders Full floor ansole with covered box Mini overhead console with storage lllumlnated loddng glove box Oriver and passenger door Mns Rear door bins seatbackaorege~ 2 Bin instrumentganel storage Orivets footrest Retelned ecottssorypower 2 12V DC power outlets L L RMEWED INITIAL / DATE Printed On 04106/2005 03:36 PM Page 2 of4 Entertainment Features: AMlFM stereo with seek-scan, single in-dash CD player Steering-wheel mounted audio controls 6 speakers Window grid antenna Lighting, Visibility and Instrumentation Features: Aero-composite halogen headlamps Variable intermittent wipers Front windshield visor strip Rear window defroster Light-tinted windows Dome light with fade Front reading lights Ignition switch light Variable instrument panel lighting Analog display Tachometer Outside-temperature display Trip odometer Water temp. gauge In-dash clock Oil-pressure warning Battery warning Key-in-ignition warning Low-fuel warning Low-washer-fluid warning Bulb-failure warning Door-ajar warning Safety and Security: Four-wheel ABS brakes 4 ABS channels Four-wheel disc brakes Front ventilated disc brakes Daytime running lights Full-size spare tire Spare tire mounted inside under cargo Driver and passenger front-impact airbags Height adjustable front seatbelts Front seatbelt pre-tensioners 3 point rear center seatbelt Sideimpact bars Rear child safety locks Ignition disable Panic alarm Manual adjustable front head restraints 2 rear head restraints Seats and Trim: Max. seating capacity of 5 Front bucket seats 6-way driver seat adjustment Power reclining driver seat Power 2-way driver lumbar support Power driver fore/aft adjustment Power driver cushion tilt 4-way passenger seat adjustment Manual reclining passenger seat Manual passenger fore/aft adjustment Front center armrest with storage Rear 60-40 bench seat Rear seat fold-forward seatback Rear seat center armrest Cloth front and rear seat upholstery Cloth door panel trim Full cloth headliner Carpet floor covering Plastidrubber shift knob Carpet cargo space Cargo light Standard Engine: Engine 210-hp, 3.0-liter V-6 Standard Transmission: Printed On 04/06/2005 03:36 PM INITIAL / DATE Page 3 of 4 Transmission 5-speed automatic w/OD SELECTED COLOR Exterior: interior: 6R6 (0 P) Mineral Green Opalescent 95(0 I) Stone w/Cloth Seat Trim REVIEWED INITIAL / DATE Printed On 04/06/2005 03:36 PM Page 4 of 4 e Net Lease Rate Quote Quote No: 624036 Prepared For: City of Palm Beach Gardens Police Dept. GEIST. RICHARD Unit # Year 2005 Make Chevrolet Model TrailBlazer Series LS4x2 Date 04/07/2005 AUAM JZUGAC Vehicle Order Type Ordered Term 36 State FL Customer No 209267 Items Dye on Delivery Indicated By* $0.00 ' Capitalized Price Reduction $0.00 * Tax on Capitalized Price Reduction $0.00 $0.00 Initial License Fee $0.00 Registration Fee $0.00 Other $0.00 Security Deposit d 0.00 Extended Service Contract Gain Applied From Prior Unit $ 421.22 Monthly Lease Charge (Based on Prime Q 5~750%)~ Additional Fleet Services Master Policy Enrollment Fees $0.00 Commercial Automobile Liability Enrollment Liability Limit $o.oo $0.00 Physical Damage Management $57.69 Full Maintenance Program Contract Miles 60,000 Incl: # Brake Sets (1 set = 1 Axle) 0 $57.69 Addltlonal Services SubTotal $0.00 UseTax $0.00 Monthly Property Tax Order lnformatlon Driver Name Exterior Color (0 P) Sandstone Metallic Interior Color (0 I) Light CashmerelEbony w/Premium Cloth Seat T Lic. Plate Type GWR 0 CompIColl Deductible 010 OverMileage Charge $0.0350 Per Mile #Tires 0 Loaner Vehicle Not Included State S 478.91 Total Monthly Rental Including Additional Services $0.00 Service Charge Due at Lease Termination Monthly Rental Includes 1,666 Miles Per Month Miles in Excess Of% Will Be Charged At $0.1750 Per Mile (Quote is Subject to Customer's Credit Approval) Notes ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Walkaway Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. LESSEE City of Palm Beach Gardens Police Dept. BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. MONTHLY LEASE CHARGE WILL BE ADJUSTED TO REFLECT THE ACTUAL PRIME RATE ON THE DELIVERY DATE. CAPITALIZED PRICE OF VEHICLE WILL BE ADJUSTED TO REFLECT FINAL MANUFACTURERS INVOICE. LESSEE HEREBY ASSIGNS TO LESSOR ANY MANUFACTURER REBATES AND/OR MANUFACTURER INCENTlVES INTENDED FOR THE LESSEE, WHICH REBATES AND/OR INCENTIVES HAVE BEEN USED BY LESSOR TO REDUCE THE CAPITALIZED PRICE OF THE VEHICLE. Printed On 04/07/2005 08:47 AM Page 1 of 4 Net Lease Rate Quote Quote No: 624036 SELECTED OPTIONS CODE DESCRIPFON UA6- Theft-Deteknt Alarm system UBO M30 All- Solar-Ray seep Tinted Glass(Fleet) GU6 3.42 Rear Axle Ratio 15U-01 (0 P) Sandstone Metallic - 1SA Preferred Equipment Grdup 1’ ? C49 Eledric Rear-Wlmiow Defogget --H Premium Cloth Seat Trkn -1 27H-03 C4D FEO Federal Emissions Requirements , A50 Redining Bucket Seats ZWI AM- Remote Programmable Keyless Entry ASF Side Head Curtain Air Bags REVIEWED QNF Tires: ~23~5~16 AS BW LIB ac3 Nl Wid Paint Radii: ETR Ah4/FM Stereo WED Player Transmission: Ekdrank Cspeed Aupnatic wlOD (0 I) Light CashmerelEbony wlPremium Cloth Seat Trim GVWR: 5.550 Ibs (2,517 kg) Premium Smooth Ride Suspenslon Package INITIAL / DATE Engine: Vortec 4200 SFI 16 Wheels: 16” x 7” Mght Aluminum (4) STANDARD EQUIPMENT Body Exterior Features: 4doors Liftgate rear cargo door Folding dde-view door mlmxs Black &or handles Bodycolored front and rear bumpers with bodycolored rub strip Rear step bumper Fully galvanized steel body material Roofrack rails only Class IV trailering with hamess, hitch Grille with chrome bar Convenience Features: Manual dual-zone front air conditioning Console ducts crulse control Power rear window remote release Power windows with driver and passenger 1-touch down Power rearmost windows Illuminated entry Auto-kxklng doors Steering wheel with manual tilting Day-night rearview mlrror Driver and passenger-side visor mirrors Emergency communication system OnStar Front end rear cuphdders Full floor con& with covered box Printed On 04/07/2005 0847 AM I I , Page 2 of 4 I Locking glove box Driver and passenger door bins Audio media storage Driver's footrest Retained accessory power 4 12V DC power outlets Entertainment Features: AMlFM stereo with seek-scan, single in-dash GD player Radio data system Weather band radio Automatic equalizer Audio thefl deterrent TheflLock Speed-sensitive volume 6 performance speakers Internet access capable Fixed antenna Lighting, Visibility and Instrumentation Features: Aemmposite halogen headlamps Variable Intermittent wipers Front windshield visor strip Variable intermittent rear window wiper Flip-up rear windshield Light-tinted windows Dome light with fade Front and rear reading lights Variable instrument panel lighting Analog display Tachometer Voltmeter Trip odometer Oil pressure gauge Water temp. gauge In-radio clock Battery warning Lights-on warning Key-in-ignition warning Low-fuel warning Trunk-ajar warning Turn-signal-on warning Safety and Security: Four-wheel ABS brakes 4 ABS channels Four-wheel disc brakes Front and rear ventilated disc brakes Daytime running lights Full-size spare tire Underbody mounted spare tire w/crankdown Driver and passenger front-impact airbags 3 point rear center seatbelt Front seat-integrated seatbelts Side-impact bars Perimeter/approach lights Tailgatelrear door lock included with power doors Rear child safety locks Ignition disable PASSLock Tracker system Manual adjustable front head restraints with tilt 2 fixed rear head restraints Seats and Trim: Max. seating capacity of 5 Front bucket seats 4-way driver and passenger seat adjustments Manual reclining driver and passenger seats Manual driver lumbar support Manual driver and passenger fore/aft adjustment Front center armrest Rear 65-35 split-bench seat Rear seat flip forward cushion/seatback Premium cloth front and rear seat upholstery Leatherette door panel trim Full cloth headliner Color-keyed carpet floor covering Printed On 04/07/2005 08:47 AM REVIEWED INITIAL I DATE Page 3 of 4 Plastidrubber shfl knob Carpet cargo space Cargo tie-downs Cargo light Concealed cargo storage Standard Engine: Engine 275-hp, 4.2-liter 1-6 Standard Transmission: Transmission 4-speed automatic w/OD SELECTED COLOR Exterior: Interior: 15U (0 P) Sandstone Metallic 27H(O I) Light Cashmere/Ebony w/Premium Cloth Seat Trim REVIEWED INITIAL I DATE Printed On 04/07/2005 08:47 AM Page 4 of 4 Net Lease Rate Quote 0 Quote No: 625048 Prepared For: Clty of Palm Beach Gardens Police Dept. GEIST, RICHARD UnH # Year 2005 Make Chevrolet Model Colorado Seder LS wE85 Standard 4x2 Extended Cab 6 ft. box 126 in. WB Date 04/07/2005 AUAM JZUGAC Vehlcle Order Type Ordered Term 36 State FL Customer No 209267 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 - Hems Due on Delivery lndlcated By" Capitalized Price Reduction Tax on Capitalized Price Reduction Gain Applied From Prior Unit Initial License Fee Registration Fee Other Security Deposit Extended Service Contract $369.23 Monthly Lease Charge (Based on Prime Q 5.750%)' Additional Fleet Services Master Policy Enrollment Fees $0.00 Commercial Automobile Liability Enrollment Liability Limit S0.M) $0.00 Physical Damage Management $55.14 Full Maintenance Program Contract Miles 60,000 Incl: # Brake Sets (1 set = 1 Axle) 0 $55.14 Additional Services SubTotal $0.00 UseTax $0.00 Monthly Property Tax S 424.37 Total Monthly Rental Including Additional Services $0.00 Service Charge Due at Lease Termination Monthly Rental lndudes 1,666 Miles Per Month Miles in Excess Of 60,000 Will Be Charged At $0.1750 Per Mile (Quote is Subject to Customer's Credit Approval) Notes ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. %der Information Driver Name Exterior Color (0 P) Summit White Interior Color (0 I) Medium Dark Pewter w/Deluxe Cloth Seat Trim Llc. Plate Type GMR 0 ComplColl Deductible 010 OverMileage Charge $0.0350 Per Mile # Tires 0 Loaner Vehicle Not Included State Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Walkaway Lease Agreement an'- agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. LESSEE City of Palm Beach Gardens Police Dept. BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. MONTHLY LEASE CHARGE WILL BE ADJUSTED TO REFLECT THE ACTUAL PRIME RATE ON THE DELIVERY DATE. CAPITALIZED PRICE OF VEHICLE WILL BE ADJUSTED TO REFLECT FINAL MANUFACTURERS INVOICE. LESSEE HEREBY ASSIGNS TO LESSOR ANY MANUFACTURER REBATES AND/OR MANUFACTURER INCENTIVES INTENDED FOR THE LESSEE, WHICH REBATES AND/OR INCENTIVES HAVE BEEN USED BY LESSOR TO REDUCE THE CAPITALIZED PRICE OF THE VEHICLE. Printed On 04/07/2005 0852 AM Page 1 of 5 Net Lease Rate Quote Quote No: 625048 Aftermarket Equipment Total market tqulpment Billed $0.00 'Tow Afte rmarket Equipment Capltallzed $390.00' Altermarket Eaulment Total $ 390.00 REVIEWED INITIAL I DATE Printed On 04/07/2005 08:52 AM Page 2 of 5 Net Lease Rate Quote ~~ Vehicle Information - I. 2005 Chedt cdorado LS wR85 Standard 4x2 Extended Cab 6 ft. box 126 in. WE3 Series ID: CS15653" SELECTED OPTIONS CODE AJ1 92H-01 Dc4 4-l zB5 rn 1SB eM 633 PMlR cx PWlN 243 w-02 M30 c60 aET PLOCK FEQ ZQ6 AM6 L52 832 US8 6T4 AJ2 ASF Nl DESCRIPTION Sdar-Ray Deep Tinted Glass (0 I) Medium Dark Pewter wlDeluxe Cloth Seat Trim Manual Dayeight Inside Rearview Minw Deluxe Cloth Seat Trim StandardSuspensionPeckage RemoteKeylessEntry. * 7 Preferred Equipment- IS@ Wheels: 1V x 6.V Alumhum (4) RearRubberiredVhylFlOOllMW PowerDriver& Passengeroutslde Mirrors GVWR: 5,000 Ibs (2,268 kgs) POWWWindOWS 1 Comfort Convenience Package (0 P) summit WMte Transmission: uecbonlc 4speed Automatic wl0D Front Manual Air Condiiing Tkes. p225nsR15 As BW FederalEnlisslonsReqUrrements PowerconVeniencePackage Front W40 Split-8ench Seat Engine: 3.5L DOHC scylinder MFI Front Rubberhed Vinyl Floormats Radlo: ETR WM Stereo wlCDIMP3 Player 3.73 Rear Axle Ratio Oriver & Passenger Side Rear Forward Fadng Seats Driver & Right Front Passenger Side-impact Airbags Solid Paint ProgrammaMePowerDoorLocks STANDARD EQUIPMENT Body Exterior Features: 4 doors Reverse opening rear passenger doors Tailgate Folding side-view door mim Black door handles Chrome front and rear bumpers Rear step bumper Regular bed Fully galvanized steel body material Bodycorored grille wlfh chrome accents Convenience Features: Manual air conditioning cruiseoontrol Steering wheel wlul manual tilting Day-night rearview mirror Front bumper With CdOred Nb Strip Printed On 04/07/2005 08:52 AM REVIEWED INITIAL / DATE Page 3 of 5 Passenger4de visor mirror Front end mar cupholders Rearconsole Gtwe box Driver and passenger door bins Rear underseat storage tray Retalned accesmy power 2 12V DC power outlets Entertainment Features: AMFM stereo with seek-scan, single indash CD player MP3 player Radio data system Weather band radio AutOmatic equalizer Audio thefl deterrent TheflLodc Speedsensitive volume 6 speakers Integrated roof antenna Lighting, Visibility and Instrumentation Features: Aerocomposite halogen headlamps Cargo bed light Variable intermittent Wipers Deeptinted windows Dome light with delay Front reading lights Variable instrument panel lighting Analog display Tachometer Trip odometer Water temp. gauge In-radio dodc Oil-pressure warning Water-temp. warning Battery warning Lights+n warning Key-in-Ignition warning Low-fuel warning Doorajar warning Brake-fluid warning Turn-slgnal-on warning Safety and Security: Four-wheel ABS brakes 3 ABS channels Front disdrear drum brakes Front ventilated disc brakes Daytime running lights Compact spare tire Underbody mounted spare tire wlcrankdown Driver and passenger front-impact airbags Height adjustable front seatbelts Side-impact bars Manual tailgate/rear door lock lgnitlon disable PASSLock Fixed front head restraints Seats and Trim: Max. seating capacity of 5 Front split-bench 6040 seats 4-way driver and passenger seat adjustments Manual reclining driver and passenger seats Manual driver and passenger fore/afl adjustment Front center armrest with storage Rear 4040 jump seat Rear seat fdd-up cushion Premium doth front and rear seat upholstery Full cloth headliner Color-keyed carpet floor covering Metal-look instrument panel insert, door panel insert Piastidrubber shlft knob Rubber front and rear floor mats Metal-look interior accents Standard Engine: Printed On 04/07/2005 08:52 AM REVIEWED INITIAL / DATE Page 4 of 5 Engine 175-hp, 2.Wier 14 Standard Transmission: Transmission 5-speed manual w/OD SELECTED COLOR Exterior: Interior: 5OU (0 P) Summit white 92H(O I) Medium Dark Pewter w/Deluxe Cloth Seat Trim REVIEWED INITIAL / DATE Printed On 04/07/2005 08:52 AM Page 5 of 5 Net Lease Rate Quote Quote No: 648388 Pnpared For: City of Palm Beach Gardens Police Dept. GEIST, RICHARD Unit # Year 2005 Make Nissan Model Altima Series 3.5 SE (50 State) (A5) 4dr Sedan Date 04/19/2005 AEIAM JZUGAC Vehicle Order Type In-Stock Term 36 State FL Customer No 209267 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 - items Due on Delivery Indicated By' Order Information Driver Name 1 Capitalied Price Reduction Tax on Capitalied Price Reduction Gain Applied From Prior Unit Initial License Fee Registration Fee Other Security Deposit Extended Service Contract $448.10 Monthly Lease Charge (Based on Prime @ 5.750%)' AddMlonal Fleet Services Master Policy Enrollment Fees $0.00 Commercial Automobile Liability Enrollment Liabili Limit fo.oo $0.00 Physical Damage Management $55.14 Full Maintenance Program Contract Miles 60,000 Incl: #Brake Sets (1 set = 1 Axle) 0 S 55.14 Additional Services Sublotal $0.00 UseTax e $0.00 Monthly Property Tax Exterior Color (0 P) Sonoma Sunset Metallic Interior Color (0 I) Blond wNelour Seat Trim Uc. Plate Type GVWR 0 Comp/Coll Deductible 010 OverMileage Charge $0.0350 Per Mile # Tires 0 Loaner Vehicle Not Included State s 503.24 Total Monthly Rental Including Additional Services $ 0.00 Service Charge Due at Lease Termination Monthly Rental Includes 1,666 Miles Per Month Miles in Excess Of- Will Be Charged At $0.1550 Per Mile (Quote is Subject to Customer's Credit Approval) Notes ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehide order, agrees to lease the vehicle on the terms set forth herein and in the Master Walkaway Lease Agreement and agrees that Lessor shall have the tight to collect damages in the event Lessee fails or refuses to accept delively of the ordered vehicle. LESSEE City of Palm Beach Gardens Police Dept. BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. ' MONTHLY LEASE CHARGE WILL BE ADJUSTED TO REFLECT THE ACTUAL PRIME RATE ON THE DELIVERY DATE. CAPITALIZED PRICE OF VEHICLE WILL BE ADJUSTED TO REFLECT FINAL MANUFACTURERS INVOICE. LESSEE HEREBY ASSIGNS TO LESSOR ANY MANUFACTURER REBATES AND/OR MANUFACTURER INCENTIVES INTENDED FOR THE LESSEE, WHICH REBATES AND/OR INCENTIVES HAVE BEEN USED BY LESSOR TO REDUCE THE CAPITALIZED PRICE OF THE VEHICLE. Printed On 04/19/2005 01:08 PM Page 1 of 5 Net Lease Rate Quote Quote No: 648388 Aftermarket Equipment Total VVll’1~VV 111’1 I ” yotal Afte market Equipment Billed $0.00 yohl Afte market Equlpment Capltallzed S 140.00 Aftermarket EaulDment Total $ 140.00 Printed On 04/19/2005 01:08 PM Page 2 of 5 Net Lease Rate Quote Quote No: 648388 Vehicle information -/ 2005 Ni& AlUma 3.5 SE (50 State) (A5) 4dr Sedan Series ID: 05915 SELECTED OPTIONS CODE STDWL STDTM TCS PrnL01 co3 SO1 so2 PAINT STDEN c-01 TO2 LQ2- 5AT ABS P92 STDRD STDTR AXLE STDST A1 5-01 DESCRIPTION wheels: 17" Alloy Velour Seat Trim Traction Cqtrol System Paint Table : Primary wB.5 SE 50StateEmlssions FmntSMeAlMgs . - Advanced Airbag Technology, Monotone Paint Application Engine: 3.5L V6 DOHC SMPl (0 I) Blond wNelour Seat Trim TCWSIde Airbag Package Carpeted FloorlTrunk Mat Set (&Piece) (Fleet) Transmission: Eledronk Speed Automatic wl0D Antilodc Braking System Side Sill & Rear Splash Guards Radio: AhWM Stereo WED Tires: P215/55R17 AS 2.44 Axle Ratio Contoured Redining Front Bucket Seats (0 P) Sonoma Sunset Metallic . STANDARD EQUIPMENT Body Exterior Features: 4 dows Power remote sideview door minws Bodycolored door handles Bodycolored front and rear bumpers Galvanized steeValloy body material Black wkhme surround grille Chrome tip exhaust Convenience Features: Manual air conditioning with air filter Cruise control with steering wheel controls Power trunkhtchldcm remote release Mechanical fuel remote release Power windows with driver and passenger l-touch down Keyfob (all doors) remote keyless enby Illuminated entry Valet key Keyfob trunkhatchldoor release Remote window controls Steering wheel with manual Ukng, manual telescoping Day-night rearview mirror Illuminated auxiliary driver and passenger-side visor mirrors Front and rear cuphdders Full floor console with covered box Mini overhead console with storage Printed On 04/19~005 01:08 PM 1 Page 3 of 5 lllumlnated loddng glove box hhrerandpassengerdoorbins Reardoorbins seatbedcstoragepockets 2 Audio media stomge Bin insbument-panel storage Drivets footrest Retalned accessory power 2 12V DC power outlets Ashtray Front lighter element(s) location Entertainment Features: AWM stereo with seek-scan, single indash CD player Speed-sensitive volume Steering-wheel mounted audio contrds 6 speakers Window grid antenna Ughting, Visibility and Instrumentation Features: Aerocomposite halogen headlamps Front fog lights Variable intermittent wipers Front windshield visor strip Rear window defroster Light-tinted windows Dome liht with fade Front reading lights 2 door curb/courtesy lights Ignition switch light Variable Instrument panel lighting Analog display Tachometer Outsidetemperature display Trip computer Trip odometer Water temp. gauge In-radio dock Oil-pressure warning Battery warning Lghts-on warning Key-in-ignition warning Low-fuel warning Low-washer-fluid warning Door-ajar warning Trunk-ajar warning Brake-fluid warning Safety and Security: Four-wheel ABS brakes 4 ABS channels Brake assist Four-wheel disc brakes Front ventilated disc brakes Compact spare tire Spare tire mounted inside under cargo Driver and passenger front-impact alrbags Front passenger airbag occupancy sensor Height adjustable front seatbelts Front seatbelt pre-tensioners 3 point rear center seatbelt Side-impact bars Rear child safety locks Ignition disable Security system Panic alarm Manual adjustable front head restraints Anti-whiplash front head restraints 2 fixed rear head restraints Seats and Trim: Max. seating capacity of 5 Front bucket seats 8-way driver seat adjustment Power reclining driver seat Manual driver lumbar support Printed On 04/19/2005 01:08 PM Page 4 of 5 Power height-sdjustable driver seat Pawerdriverforeleftadjusbnent Pawerdrivercushlontilt 4-waypassengerseatadjustment Manual dining passenger seat Manual passenger foWafI adjustment Front center armrest Rear 60-40 bench seat Rear seat fold-forward seatback Rear seat center armrest Cloth front and rear seat upholstery Cloth door panel trim Full cloth headliner Carpet floor covering Metal-look instrument panel insert, door panel insert, console insert Leather shnt knob Leather/metal-look steering wheel Chrome interior accents Carpet cargo space Cargo light Cargo net Standard Engine: Engine 250hp, 3.5-liter V-6 Standard Transmission: Transmission Bspeed automatic w/auto-manual SELECTED COLOR Exterior: In t e rlo r : A15 (0 P) Sonoma Sunset Metallic C(0 I) Blond wNelour Seat Trim Printed On 04/19/2005 01:08 PM Page 5 of 5 Net Lease Rate Quote 0 Quote No: 648285 Prepared For: City of Palm Beach Gardens Police Dept. GEIST. RICHARD Unlt # Year 2005 Make Nissan Model Titan Setles SE 4x2 King Cab Date 0411 9/2005 AOAM JZUGAC Vehlcle Order Type In-Stock Term 36 State FL Customer No 209267 $0.00 $0.00 $0.00 $0.00 $ 0.00 8 0.00 $0.00 - Items Due on Dellvery Indicated By' Capitalized Price Reduction Tax on Capitalied Price Reduction Gain Applied From Prior Unit Initial License Fee Registration Fee Other Extended Service Contract -mv~posn S 428.90 Monthly Lease Chage (Based on Prime @ 5.750%J1 Additional Fleet Services Master Policy Enrollment Fees $0.00 CMmerdal Automobile Liability Enrollment LiaMliiUmit $o.oo s 0.00 Physical Damage Management $57.69 Full Maintenance Program Contract Miles 60,000 incl: # Brake Sets (1 set = 1 Axle) 0 Order Information Driver Name Exterior Color (0 P) Smoke Interior Color (0 I) Steel WEE-Type Cloth Seat Surface Llc. Plate Type GVWR 0 t 57.69 Addltional Services SubTotal $ 0.00 UseTax 0.00% $ 0.00 Monthly Propetty Tax ComplColl Deductible E OverMileage Charge $0.0350 Per Mile # Tires 2 Loaner Vehicle Not Included State s 486.59 Total Monthly Rental Including Additional Services $ 0.00 Service Charge Due at Lease Termination Monthly Rental Includes 1,666 Miles Per Month Miles in Excess Of- Will Be Charged At $0.1750 Per Mile (Quote is Subject to Customer's Credii Approval) Notes ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehide order, agrees to lease the vehide on the terms set forth herein and in the Master Walkaway Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. LESSEE City of Palm Beach Gardens Police Dept. BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. MONTHLY LEASE CHARGE WILL BE ADJUSTED TO REFLECT THE ACTUAL PRIME RATE ON THE DELIVERY DATE. CAPITALIZED PRICE OF VEHICLE WILL BE ADJUSTED TO REFLECT FINAL MANUFACTURERS INVOICE. LESSEE HEREBY ASSIGNS TO LESSOR ANY MANUFACTURER REBATES AND/OR MANUFACTURER INCENTIVES INTENDED FOR THE LESSEE, WHICH REBATES AND/OR INCENTIVES HAVE BEEN USED BY LESSOR TO REDUCE THE CAPITALIZED PRICE OF THE VEHICLE. Printed On 04/19/2005 01 :08 PM Page 1 of 5 Net Lease Rate Quote yotal Afte market Equipment Billed $0.00~ 'total Afte rmarket tqulpment Capitalized $ 140.00 Aftermarket Equipment Total $140.00 Quote No: 640205 Aftermarket Equipment Total WINWW I IN I 3 14u.uu I I Printed On 04/19/2005 01 :08 PM Page 2 of 5 Net Lease Rate Quote Quote No: 648235 Vehicle Information 2005 Nishn Titan SE 4x2 King Cab Series ID: 11715 SELECTED OPTIONS CODE DESCRIPTION STDTR Tires: ~26~0~18 OWL STDRD Radio: AM/FM/CD-6 (In Dash) STDAX 2.937AxlaRatio STDST Front Bucket Seats M97 Bedliner L9Z Floor Mats (Fleet) \ K11-02 (0 P) Smoke STDTN Yo4 STDEN Engine: 5.6L V8 DOHC SMPl ' STDGV GVWR: 6,486 Ibs PAINT Monotone Paint Application STDWL wheels: 18" x'8.oJ 5s- Alloy , Transmission: 5 Speed IK Autbmatlc (0 I) Steel WEE-Type Cloth Seat Surface STDTM SE-Tm Cloth Seat Surface STANDARD EQUIPMENT Body Exterior Features: 4 doors We Open reverse opening rear passenger doors Tailgate Power remote heated fokling side-view door mirrors Skid plates Chrome door handles Chrome front and rear bumpen Rear step bumper Regular bed Fully galvanized steel body materlal Chrome grille Convenience Features: Manual air conditioning Cruise control with steering wheel controls Power windows with driver and passenger 1-touch down Keyfob (front doors) remote keyless entry Illuminated entry Remote window controls Steering wheel with manual tilting Day-night rearview mlm Illuminated auxiliary drhrer and passenger& visor mirrors Front and rear cupholders Full floor console with Wing box Full overhead console with storage Illuminated glove box Driver and passenger door bins Rear door bins Seatbackstoragepockets 1 Audio media storage Dashboard storage Driveh footrest Printed On 04/19/2005 01:08 PM , 1 "c. Page 3 of 5 Retained accessory power 312VDCpoweroutlets Entertainment Features: AMlFM stereo with seek-scan, 6disc indash CD player Gspeakers . Wed antenna Lighting, Visibility and Instrumentation Features: Aero-composite halogen headiamps Cargo bed light Variable intermittent speed-sensitive wipers wipers Front windshield visor strip Sliding rear windshield Deep-tinted windows Front and rear reading lights 2 door curb/courtesy lights Variable instrument panel lighting Analog dispiay Tachometer Voltmeter Low-tire-pressure warning Trip odometer Oil pressure gauge Water temp. gauge In-radio dock Oil-pressure waming Battery warning Lights-on warning Key-in-ignition warning Low-fuel warning Low-washer-fluid warning Door-ajar warning Brake-fluid warning Safety and Security: Four-wheel ABS brakes 4 ABS channels Four-wheel disc brakes Front ventilated disc brakes Full-size spare tire Underbody mounted spare tire w/crankdown Driver and passenger front-impact airbags Front passenger airbag occupancy sensor Height adjustable front seatbelts Front seatbelt ptensioners 3 polnt rear center seatbelt Side-impact bars Manual tailgatehear door lock Ignition disable Security system Panic alarm Manual adjustable front head restraints Anti-whiplash front head restralnts 2 rear head restraints Seats and Trim: Max. seating capacity of 5 Front bucket seats 4way driver and passenger seat adjustments Manual redining driver and passenger seats Manual driver lumbar support Driver and passenger seat mounted armrests Manual driver and passenger fore/& adjustment Fold flat passenger seat Front center armrest with storage Rear 60-40 split-bench seat Rear seat fdd-up cushion Premium doth front and rear seat upholstery Full cloth headliner Carpet floor covering Cabback insulator Metai-look instrument panel insert, door panel insert Leather shift knob Leather steering wheel Metal-look interior accents Printed On 04/19/2005 01:08 PM Page 4 of 5 Standard Engine: Standard Transmission: Engine WMp, 5.Bliter V-8 Transmission 5speed automatic w/OD SELECTED COLOR Exterior: K11 (0 P) Smoke Interior: K(O I) Steel w/SE-Type Cloth Seat Surface Printed On 04/19/2005 01:08 PM T Page 5 of 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 11,2005 Meeting Date: May 19,2005 Ordinance 17,2005 Su bjectlAgenda I tern : Lobbyist Registration Ordinance [XI Recommendation to APPROVE 11 Recommendation to DENY Reviewed by: City Attorney Finance Director Department Director City Manager ~~~ Originating Dept.: City Attorney Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required costs: $ (Total) $- Current FY Funding Source: [ ] Operating [ ]Other No cost Budget Acct.#: Council Action: [ J Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 17, 2005 [ ]None Date Prepared: May 11,2005 Meeting Date: May 19,2005 Ordinance 17,2005 BACKGROUND: At the Council Meeting of May 5, 2005, the Council discussed the draft Lobbyist Registration Ordinance. At that time, there was discussion about requiring a log of all lobbying contacts. As drafted, Section 2-404 of the Ordinance requires that a record be maintained of all lobbying contacts with staff, elected officials, or appointed officials. If the Council does not wish to implement that provision as part of this Ordinance, an amendment could be proposed to delete Sec. 2-404 (page 4, lines 4 - 16). The Lobbyist Registration Ordinance as drafted contains the following provisions: > Lobbying is defined as a contact intended to influence a decision of the City. h Lobbyist is defined to include anyone who is paid to engage in lobbying activities. k All Lobbyists are required to register with the City Clerk and disclose certain information, including the name of their principal, the subjects to be lobbied, and the nature and extent of any business relationship with elected or appointed officials or city employees. > Registration is not required for: City Councilmembers, advisory board members, or employees discussing matters relevant to their official duties. Persons under contract with the City who communicate regarding issues related only to the performance of their services under their contract. Any person who lobbies only in his or her individual capacity for the purpose of self-representation. k A log will be maintained of all lobbyist contacts. > Each January all Lobbyists must file a statement of their expenditures, including meals, entertainment, and gifts for public officers and employees for the preceding calendar year. P The Council will have the authority to reprimand, censure, or prohibit a violator from lobbying the Council if he/she has violated other terms of this Ordinance. P The Ordinance also prohibits Lobbyists from being compensated on a contingency fee basis. STAFF RECOMMENDATION: Staff recommends approval of this Lobbying Registration Ordinance. Date Prepared: May 11, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 17,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO LOBBYIST REGISTRATION AND DISCLOSURE; CREATING A NEW ARTICLE VI, CHAPTER 2, CODE OF ORDINANCES TO BE ENTITLED “LOBBYIST REGISTRATION”; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is essential to the operation of open government that the citizens be afforded the fullest opportunity to express their opinions to their elected officials; and WHEREAS, certain persons are retained and paid by others to encourage the passage or defeat of certain decisions of the City Council; and WHEREAS, the City Council recognizes that such lobbying is a legitimate form of free speech and a part of the legislative process; and WHEREAS, the elected officials and the citizens have a legitimate need to know certain information about the activities of those who seek to influence the decisions of the elected officials; and WHEREAS, these regulations seek to impose the least burden which is reasonably necessary to satisfy the public need for information; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. A new Article VI of Chapter 2, Code of Ordinances to be entitled “Lobbyist Registration” is hereby created to read: Article VI Lobbyist Registration Sec. 2-400. Purpose. The City Council hereby determines it is necessary that the identity and activities of certain persons who engage in efforts to influence city council members, advisory board members, and employees on matters within their official duties be publicly and regularly disclosed in order to preserve and maintain the integrity of the governmental decision- making process. ~~~ Date Prepared: May 11, 2005 Ordinance 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Sec. 2-401. Definitions. As used in this article: Advisory board means any advisory board or committee created by the city council. Compensation means money or anything of value or financial benefit received in return for the performance of lobbying activities. Contingency fee means a fee, bonus, commission, or nonmonetary benefit as compensation which is dependent or in any way contingent on the enactment, defeat, modification, or other outcome of any ordinance, resolution, or action of the city council or any resolution, action, recommendation, or decision of any city board or of the city manager or city staff. Council member means any member of the City Council of the City of Palm Beach Gardens, Florida. Employee means all personnel employed by the City of Palm Beach Gardens. Expenditure means a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal for the purpose of lobbying. Lobbying means seeking to influence the decision of any council member, any advisory board member, or any employee with respect to the passage, defeat, or modification of any item which may foreseeably be presented for consideration to the staff, an advisory board, or the city council, as applicable. Lobbyist means all paid persons, firms, or corporations employed or retained by a principal who seeks to encourage the passage, defeat, or modification of any ordinance, resolution, action, or decision of the city council; or any resolution, action, decision, or recommendation of any city board or committee; or any action, decision, or recommendation of the city manager during the time period of the entire decision- making process on such action, decision, or recommendation. Person means individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, professional corporations or associations, and all other groups or combinations however constituted. Principal means the person, firm, corporation, or other entity, whether for profit or nonprofit, which has retained a lobbyist. Sec. 2-402. Registration; disclosure requirements; log of registered lobbyists. (a) Registration required. All lobbyists shall register with the city clerk before engaging in lobbying. Every lobbyist shall submit a form prepared by the city and shall state his 2 Date Prepared: May 11,2005 Ordinance 17,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 or her name, address, the name and address of each principal represented, the general and specific areas lobbying, and the nature and extent of any direct business association or partnership with any current city council member, advisory board member, or employee. A lobbyist's registration shall automatically expire on December 31'' of the year of registration. If at any time during the year a lobbyist commences representing a principal for which the lobbyist has not registered pursuant to this article, such lobbyist shall register with respect to that principal prior to lobbying. Lobbying prior to registration is prohibited. (b) In addition, every lobbyist shall be required to state under oath the existence of any direct or indirect business association, partnership, or financial relationship with the mayor, any member of the city council, any member of a city board, the city manager, or a member of the city staff before whom he lobbies or intends to lobby. (c) The city clerk shall maintain a log reflecting the lobbyist registrations filed in accordance with this section, which log shall be distributed to the city council. (d) The mayor, all members of the city council and city boards, the city manager, and city staff shall be diligent to ascertain that persons required to register pursuant to this section have complied by requesting record of compliance from the city clerk. The mayor, members of the city council and city boards, the city manager, and city staff may not knowingly permit a person who is not registered pursuant to this section to lobby. (e) Each person who withdraws as a lobbyist for a particular principal shall file an appropriate notice of withdrawal concerning representation for that principal. There shall be no fee required for filing a notice of withdrawal. (f) All registration forms shall be open to the public upon the filing thereof. (9) An annual lobbyist registration fee may be established by resolution adopted by the city council. Such fee shall be for the purpose of providing funding to the city to offset the costs incurred in compiling and maintaining these records and making them available to the public. Sec. 2-403. Registration exceptions. Registration shall not be required for the following: (a) City council members, advisory board members, or employees discussing matters relevant to their official duties. (b) Persons under contract with the city who communicate with city council members, advisory board members, or employees regarding issues related only to the performance of their services under their contract. 3 Date Prepared: May 11,2005 Ordinance 17, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (c) Any person who lobbies only in his or her individual capacity for the purpose of self-representation. Sec. 2-404. Record of lobbying contacts. (a) Except when appearing at a public meeting, all lobbyists shall sign, for each instance of lobbying, contact logs maintained and available in each department of city government. The lobbyist shall provide his or her name, the name of each principal, if any, represented in the course of the particular contact, and the subject matter of the lobbying contact. All contact logs shall be transmitted to the city clerk at the end of each month. (b) In the event a lobbyist engages in lobbying which is outside of city offices and which is a scheduled appointment initiated by the lobbyist, the lobbyist shall advise the city clerk or employee's department office as appropriate of the calendar scheduling of an appointment and the subject matter of the lobbying contact. Sec. 2-405. Annual expenditures report. All lobbyists shall annually submit to the city clerk's office a signed statement under oath listing all lobbying expenditures and the sources from which funds for making lobbying expenditures have come. The lobbying expenditures shall include, but not be limited to, meals, entertainment, and gifts for public officers and employees for the preceding calendar year. Lobbying expenditures shall not include the lobbyist's own personal expenses for lodging, meals, travel, salary, and office expenses. Such statement of expenditures, entitled "Annual Expenditures Report" shall be due on January 15'h of each year. Such statement shall be rendered on the form provided by the city clerk's office. Such statement shall be filed, even if there have been no expenditures during the preceding calendar year. Sec. 2-406. Violations. (a) The city clerk shall submit a report to the city council identifying those lobbyists who have failed to comply with registration and/or the annual filing requirements of this ordinance . (b) The city council may, after a hearing, impose upon a violator a reprimand, censure, or a prohibition of the violator from lobbying the city council, city board or committee or any member thereof, or the city manager or city staff for a period not to exceed two (2) years. (c) The validity of any action or determination of the city council or any other city board or committee shall not be affected by the failure of any person to comply with the provisions of this section. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 11,2005 Ordinance 17. 2005 Sec. 2-407. Contingency fees. No person shall retain or employ a lobbyist for compensation based on a contingency fee, and no person shall accept any such employment or render any service for compensation based on a contingency fee. SECTION 2. Codification. Codification of this Ordinance is hereby authorized and directed. SECTION 3. Effective Date. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 5 Date Prepared: May 11,2005 Ordinance 17,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of ,2005, upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: Mayor Joseph R. Russo Vice Mayor Eric Jablin Councilmember David Levy Councilmember Hal R. Valeche Councilmember Jody Barnett ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY AGAINST ABSENT BY: Christine P. Tatum, City Attorney G:\attorney-share\ORDINANCES\lobbyist registration-ord 17 2005.doc 6 CITY OF PALM BEACH GARDENS LOBBYIST REGISTRATION FORM Lobbvist Name (Last, First, Middle Initial): Name of Business (Companv Name) Business Address: City: State: Zip Code: Telephone No: Nature of Lobbyist’s Business, Occupation or Profession: Fax No.: Name of Principal (Last. First, Middle Initial): Business Name: Business Address: Nature of Business: Occupation or Profession of Principal: (Please list additional Principals on page 2) Subiect matter that Lobbvist seeks to influence (describe in detailL Street address of subiect matter (if applicable): Please state the extent of any direct business association by the Lobbyist with any current elected or appointed official or employee of the City. (“Direct business association” means any mutual endeavor undertaken for profit or compensation.): I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions in Article VI of Chapter 2 of the Code of Ordinances of the City (Ordinance No. 17-2005). Signature of Lobbyist: STATE OF , COUNTY OF : Sworn to and subscribed before me this -day of I 20 NOTARY PUBLIC SEAL OF OFFICE Signature of Notary Public, State of - Commission Number Name of Notary Public (PrinVStampKype) Personally known to me or produced identification: (Print type of identification produced) DID [ ] take an oath or DID NOT [ ] take an oath Page 2 PRINCIPALS - Continued: Name of Principal (Last. First, Middle Initial): Business Name: Business Address: Nature of Business: Occupation or Profession of Principal: Subiect matter that Lobbvist seeks to influence (describe in detail): Street address of subiect matter (if applicable): Name of Principal (Last. First, Middle Initial): Business Name: Business Address: Nature of Business: Occupation or Profession of Principal: Subiect matter that Lobbvist seeks to influence (describe in detail): Street address of subiect matter (if applicable): Name of Principal (Last, First, Middle Initial): Business Name: Business Address: Nature of Business: Occupation or Profession of Principal: Subiect matter that Lobbvist seeks to influence (describe in detail): Street address of subiect matter (if applicable): ATTACH ADDITIONAL PAGES IF NECESSARY Please return completed form to the Citv Clerk's Office, 10500 North Militarv Trail, Palm Beach Gardens, Florida 33410. For Questions or additional information. please contact the City Clerk at (561) 799-4121. W 0 z Ei PI 0 Q z 3 E m 0 J v) z Lu PI Q I 0 w n a a m 5 a n w I I- O I- CITY OF PALM BEACH GARDENS MEMO RAN DU M TO: Mayor and Council DATE: May IO, 2005 APPROVED: Ron Ferris, City Manage FROM: Sheryl Stewart, Assistant to the City Manager L SUBJECT: Town Hall Meeting Issues I As requested by Council during the meeting on May 5, 2005, staff has prepared the following list of items from the March 3Ist Town Hall Meeting report for Council discussion, and if necessary to provide staff with direction as to how to proceed. These items were raised by Council Member Valeche on May 5, 2005, to bring back for Council to discuss during the meeting on May 19, 2005. Below is a summary related to each item, for which the detail and background information can be found in the full report: 1. Neiqhborhood Workshop Meetinqs: As a follow up to the report, the City Attorney and Growth Management Department are drafting an amendment to the Land Development Regulations which would require certain development applications to be presented to a neighborhood meeting for comment prior to consideration by the City’s Development Review Committee (DRC). Attached is a copy of the proposed concept. Applicants would be required to hold a workshop to inform and seek comments from neighboring residents concerning the nature of any proposed land use(s), development features, and site plans. The workshops would be held for: amendments to the future land use map; rezoning; major conditional uses; PCD and PUD applications; DRI applications; and amendments to the foregoing that require Council action. The regulations will include a notice requirement of 14 days prior to the workshop, mailed to each owner of record of land within 500 feet of the property involved and to neighborhood associations on file with the City Clerk’s Office. 2. Control of the aqenda: The current agenda-setting process is as follows. As an administrative task, the City Manager sets the items on the agenda, and then as a matter of policy, each Council member has an opportunity to discuss and take action on the agenda itself (i.e., make changes, additions, deletions) during a meeting. This ensures consistency with Sunshine Law because these actions would be taken by Council during an open public meeting. As a matter of practice, Council members receive copies of the agenda document in draft form as they are being prepared through the City Clerk’s Office. When there is a question regarding whether items are a matter of policy or administration, the City Manager places such items on the agenda for Council discussion/direction. On May 5, 2005, Mayor Russo indicated that the current process, going through the City Manager to place items on the agenda, was working. 3. On-site preservation: The City’s Comprehensive Plan currently requires the minimum preservation of 25% upland native plant communities intact with canopy, under story, and ground cover for all parcels 40 acres or more. The City’s Land Development Regulations (Section 78-250) currently require the preservation of all viable uplands on site, a minimum set aside of 25% of environmentally significant land for new development. As part of the approval process, City Council approval is required for any alternative forms of mitigation. These regulations apply to all residential and commercial developments. As indicated by Mayor Russo on May 5, 2005, in effect this means that Council can always require preservation on-site. While Council does not have to approve off-site mitigation requests, there have been some instances where off-site mitigation can make those projects better. An example is the Legacy Place development order which allowed off-site mitigation, combined with the preserve area located on an adjacent parcel of yet-to-be developed land. This has resulted in a more viable preservation area of 10 acres of upland preserve combined with a IO acre existing lake, rather than a series of unconnected, small preserve areas. The City recently transmitted to DCA a text amendment to the Conservation Element of the Comprehensive Plan that would allow for off- site mitigation for parcels greater than 40 acres. It also clarifies that the City may approve either off-site mitigation or payment in lieu of preservation under appropriate circumstances. The proposed language is identical to the adopted language in the County’s Comprehensive Plan regarding off-site mitigation. DCA has reviewed the amendment and a public hearing will be scheduled for City Council to consider its adoption. As a follow up regarding the scheduling for the next Town Hall meeting, it has come to our attention that the Burns Road Community Center auditorium will not be available until after January 2006, due to the expansion project that will be under construction until that time. As discussed at the Council meeting on May 5, 2005, if it is Council’s desire to hold the next meeting this fall, we will need to look into securing an alternative location other than the Burns Road Community Center. In addition, Mayor Russo requested that Council members bring back the items from the report that they want to discuss next, or other issues which Council would like to address and add to the list for staff to research and provide information. Should you have any questions, please advise. Thank you. Attachment CITY OF PALM BEACH GARDENS CITY ATTORNEY’S OFFICE DATE: April 15, 2005 TO: City Council FROM: RE: Christine P. Tarirm, City Attorney Update on Workshops and QuasiJudicial Matters Leaal Issues As we have previously discussed, there are some legal constraints placed upon cities in the approval process for certain land development matters. The courts in Florida have determined that the following must be reviewed in a “quasi-judicial” manner: Rezoning o rd i nances Master plan approval resoutions PUD/PCDs approval resolutions DRls development order resolutions Site approval resolutions That means that the Council decision must be based upon the evidence adduced at a public hearinq. Notice must be given, the witnesses are sworn, and cross examination is allowed. Conversely, there are no legal constraints about conducting a workshop on any matter which is not quasi-judicial. Comprehensive plan amendments (such as the Briger Land Use Map amendment)and land development regulation text amendments (such as the conditional use ordinance) are not quasi-judicial, and thus can be workshopped at any time. In response to your inquiries concerning the possibility of conducting workshops on land development applications which are quasi-judicial (as opposed to Complan amendments and land development regulations), I have reviewed the current case law, and also consulted with several other jurisdictions regarding their processes. Based upon my research, I believe that there is are processes that the Council can utilize which will achieve both the goal of a less formal discussion session as well as the goal of adhering to the court-imposed restrictions in such matters. Background Prior to 2003, the City had frequently approved both the rezoning of a piece of property and the master plan with all conditions of approval through the adoption of one ordinance (after two readings, one of which was a public hearing). An unintended consequence of this process was that any proposed amendment to a condition of approval, no matter how minor, required the adoption of an ordinance after two readings by the City Council. In an effort to make the process more efficient, in 2003 the Council began approving the rezoning by ordinance, and approving the master plan and conditions of approval by resolution. (For example, Ordinance 43, 2004 and Resolution 21 7, 2004, attached hereto). This has resulted in a process where the Council considers and votes upon the rezoning ordinance at first reading, and votes upon the resolution at second reading of the ordinance. The staff presents the “companion” resolution at first reading for information purposes only. Options: 1. At first reading of a Zoning Ordinance the Council could (on a case-by-case basis) conduct a workshop discussion on the companion Master Plan Resolution. An advertisement would be published and notices sent to affected persons, giving notice of both the first reading of the Zoning Ordinance and the workshop discussion of the Master Plan Resolution. Comments would be allowed from the applicant and any interested citizens. 2. Quasi-judicial petitions (on a case by case basis) could be considered during a workshop section of a regular meeting, or during a special workshop meeting, with comments limited to staff presentation and City Council inquiries. 3. Additionally, the Council could consider adoption of an amendment to the Land Development Regulations which would require all development to be presented to a neighborhood meeting for comment prior to consideration by DRC. (A sample format is attached) Attachment c: Ron Ferris, City Manager \\Pbgsfile\Attorney\attorney-share\MEMOS\quasi update.doc Proposed Neighborhood Workshop Concept Neighborhood workshops. All applicants for any of the following shall hold a neighborhood workshop prior to the DRC meeting : (1) (2) Rezoning (3) Major conditional uses; (4) Street and right-of-way vacations; (5) PCD and PUD applications (6) DRI applications (7) Amendments to the future land use map Amendments to the foregoing that require action by the City Council The purpose of the neighborhood workshop shall be to inform the neighboring residents of the nature of any proposed land use(s), development features, site plan and solicit comments. This requirement shall not mean that all owners or tenants must attend such a meeting. Notice shall be provided by mail at least 14 days prior to the date of the neighborhood workshop to each owner of record of any land within 500 feet of the property for which the development approvals are sought and to neighborhood associations who have registered with the office of the city clerk to receive notice. The notice shall include at a minimum the following: the applicant's name and telephone number, the street address of the site with a small identification map, a clear explanation of what the applicant is proposing and the date, time and location of the meeting. The city manager may promulgate administrative regulations setting forth guidelines pertaining to any additional requirements for the conduct of the workshop. City of Palm Beach Gardens Council Agenda May 19,2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 /Mayor Russo /Council Member Levy Vice Mayor Jablin -mu JCouncil Member Valeche qouncil Member Barnett / I. 11. Y 111. J IV ' v. ' VI. J VII. PLEDGE OF A ROLL CALL CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 19,2005 7:OO P.M. LEGIANCE ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST: CITY MANAGER REPORT: a. Department Presentation - Police Department - MACOM Radio System - Multi- Agency Communication. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the Citv Clerk prior to this Item) pas& VIII. CONSENT AGENDA: w a. Approve Minutes from the April 7,2005 City Council meeting. b. 1 JL "1 " Approve Minutes from the April 2 I, 2005 City Council meeting. C. 1 Resolution 57, 2005 - Awarding of bid for one 2005 Fuel/Lube Service Truck. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a bid to purchase one 2005 FueULube Service Truck from Palm Peterbilt-GMC Trucks, Inc.; authorizing the Mayor and City Clerk to execute all documents necessary to effectuate such purchase; and providing for an effective date. IX. iP2 34 d. I:H$ . I I I Resolution 64 2005 - Frenchman’s Reserve Pod C Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Frenchman’s Reserve Pod C Plat; and providing an effective date. e. I $l!t Resolution 66, 2005 - Re- appointment of Special Magistrate. A Resolution of the City Council of the City of Palm Beach Gardens, Florida reappointing Kevin M. Wagner to serve as Code Enforcement Special Magistrate; authorizing the Mayor and City Clerk to execute an agreement with Kevin M. Wagner; and providing an effective date. f. l$ ~-- :[ i P 14 epr~ -”-~__._~ Olt I ygrx “E- 7X”Resolution 74, 2005 - Updating the fee sc ion of the City-eouncil of the City of Palm Beach Gardens, Florida revising the Schedule of Fees and Charges for non- resident use of Aquatic Facilities for Fiscal Year 2004/2005; and providing an effective date PUBLIC HEARINGS: Part I - Quasi-iudicial a. Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land (Parcel 31.02) consisting of approximately 38.5 acres, located at the Northeast corner of Central Boulevard and PGA Boulevard, as more particularly described herein, from a Planned Development Area (PDA) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residential Medium (Rh4) to be known as the “Southampton PUD”; and providing an effective date. Resolution 48,2005 is a companion item to Ordinance 14,2005 and will require Council action on second reading. Resolution 48, 2005 - Approving the Southampton PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 38.5-acre parcel (Parcel 3 1.02), to be known as the “Southampton PUD,” located at the Northeast corner of Central Boulevard and PGA Boulevard, as more particularly described herein, to allow the construction of 245 townhouse units; providing for waivers; providing for conditions of approval; and providing an effective date. b. j fi -!**ye t !it 1t11 If* Ordinance 15, 2005 - (2nd reading) Amendment to the Clock Tower Planned Unit Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 25, 1985 and Ordinance 17, 1988 relating to the Clock Tower Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 54, 2005; and providing an effective date. Resolution 54,2005 is a companion item to Ordinance 15,2005 and will require Council action. Resolution 54,2005 - e Pa A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Clock Tower Planned Unit Development (PUD), which is generally located at the Northwest Intersection of Military Trail and Burns Road, as more particularly described herein, to modify one condition of approval established in Ordinance 25, 1985, which approved the Clock Tower PUD; and providing an effective date. .i ro Part I1 - Non-Quasi-iudicial X. RESOLUTIONS: (Siaff licipor’t oil l’a~c 2 13, ~~~~~~~~~1 ion trit Page 2 I %-,-Resolution 5 1, 2005 - Agreement with Wendy M. Ross for four (4) artworks on the PGA Flyover. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of an Agreement with Wendy M. Ross for the design, fabrication, and installation of four sculptures to be located on State Road No. 786 (PGA Boulevard); and providing an effective date. Resolution 52, 2005 - General Obligation Refunding Bond, series 2005. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the issuance of $6,900,541 General Obligation Refunding Bonds, Series 2005 for the purpose of refunding all of the City’s General Obligation Bonds, Series 1996 and Series 1997, that remain outstanding; prescribing the form, terms and details of such bonds; making certain other covenants and agreements in connection with the issuance of such bonds; specifying the use of the proceeds of such bonds; awarding such bonds to Bank of America by negotiated sale; directing the levy of the Ad Valorem taxes of the City of Palm Beach Gardens to the repayment of the bonds; designating an escrow agent and authorizing the execution and delivery of an escrow deposit agreement between the City and the escrow agent; designating a co-paying agent with respect to the refunded bonds; designating the bonds as a “qualified tax-exempt obligation” within the meaning of Section 265 (b)(3) of the Internal Revenue Code of 1986, as amended; and providing an effective date. P F ?t‘i Resolution 61, 2005 - Approval of Art in Public Places. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for the Gardens Mall located within the Regional Center Development of Regional Impact (DRI)/Planned Community Development (PCD) located on the Northeast corner of the intersection of Alternate A1A and PGA Boulevard, as more particularly described herein; providing for conditions of approval; and providing an effective date. d. ?i i E -#IF Resolution 62, 2005 -- Three year agreement with Enterprise Fleet Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the acquisition of eight additional unmarked police vehicles pursuant to a Master Lease Agreement between the City of Palm Beach Gardens and Enterprise Fleet Services; and providing an effective date. XI ORDINANCES: (For Consideration on First Reading) a. Ordinance 17, 2005 - e City Council of the City of Palm Beach Gardens, Florida relating to lobbyist registration and disclosure; creating a new Article VI, Chapter 2, Code of Ordinances to be entitled “Lobbyist Registration”; providing for codification; and providing an Lac6 Qf won 0- effective date. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: /a. Update on Briger Community Planning Session and ORC (Objections, Recommendations and Comments) Report. / b. ‘*I: 8 1’ I il 1) Town Hall Meeting Issues (one hour discussion) XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE AD VISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. r f City of Palm Beach Gardens Council Agenda May 19,2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Levy Council Member Valeche Council Member Barnett I. 11. 111. IV V. VI. 4-0 7 1 ,.jvll. CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 19,2005 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST: CITY MANAGER REPORT: a. ' Department Presentation - Police Department - MACOM Radio System - Multi- Agency Communication. COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit request form to the Citv Clerk prior to this Item) VIII. CONSENT AGENDA: 8: K a. f ir lit,* Approve Minutes from the April 7,2005 City Council meeting. Y-0 b. Approve Minutes from the April 2 1,2005 City Council meeting. C. I1 f rbrr Resolution 57, 2005 - Awarding of bid for one 2005Fuel/Lube Service Truck. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a bid to purchase one 2005 Fuel/Lube Service Truck from Palm Peterbilt-GMC Trucks, Inc.; authorizing the Mayor and City Clerk to execute all documents necessary to effectuate such purchase; and providing for an effective date. d. Resolution 64 2005 - Frenchman‘s Reserve Pod C Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Frenchman’s Reserve Pod C Plat; and providing an effective date. e. t Resolution 66, 2005 - Re- appointment of Special Magistrate. A Resolution of the City Council of the City of Palm Beach Gardens, Florida reappointing Kevin M. Wagner to serve as Code Enforcement Special Magistrate; authorizing the Mayor and City Clerk to execute an agreement with Kevin M. Wagner; and providing an effective date. f. --” (hiilr! Y~Cb{9O1’!,>~- q.y’IL! )-Resolution 74, 2005 - Updating the fee schedule. A Resolution of the City Council of the City of Palm Beach Gardens, Florida revising the Schedule of Fees and Charges for non- resident use of Aquatic Facilities for Fiscal Year 2004/2005; and providing an effective date IX. PUBLIC HEARINGS: Part I - Ouasi-iudicial I1 ‘bfl f‘ it Ordinance 14, 2005 - (lst reading) Rezoning Parcel 31.02 - Southampton. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land (Parcel 31.02) consisting of approximately 38.5 acres, located at the Northeast corner of Central Boulevard and PGA Boulevard, as more particularly described herein, from a Planned Development Area (PDA) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residential Medium (RM) to be known as the “Southampton PUD”; and providing an effective date. Resolution 48,2005 is a companion item to Ordinance 14,2005 and will require Council action on second reading. Resolution 48, 2005 - Approving the Southampton PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 38.5-acre parcel (Parcel 3 1.02), to be known as the “Southampton PUD,” located at the Northeast corner of Central Boulevard and PGA Boulevard, as more particularly describcd herein, to allow the construction of 245 townhouse units; providing for waivers; providing for conditions of approval; and providing an effective date. b. )I 1 iFII J* q:H Ordinance 15, 2005 - (2nd reading) Amendment to the Clock Tower Planned Unit Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 25, 1985 and Ordinance 17, 1988 relating to the Clock Tower Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 54, 2005; and providing an cffectivc date. qJ Resolution 54,2005 is a companion item to Ordinance 15,2005 and will require Council action. Resolution 54,2005 - Amendment to the Clock Tower Planned Unit Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Clock Tower Planned Unit Development (PUD), which is generally located at the Northwest Intersection of Military Trail and Burns Road, as more particularly described herein, to modify one condition of approval established in Ordinance 25, 1985, which approved the Clock Tower PUD; and providing an effective date. Lt-0 Part I1 - Non-Ouasi-judicial X. RESOLUTIONS: b. I 0 :o? C. lO‘.\Z ISlaff‘ licport on j’~~j~-~~~. ~~~4~~)!~~~~~~. j2im j->zth 2 IS) Resolution 51, 2005 - Agreement with Wendy M. Ross for four (4) artworks on the PGA Flyover. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of an Agreement with Wendy M. Ross for the design, fabrication, and installation of four sculptures to be located on State Road No. 786 (PGA Boulevard); and providing an effective date. Resolution 52, 2005 - General Obligation Refunding Bond, series 2005. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the issuance of $6,900,541 General Obligation Refunding Bonds, Series 2005 for the purpose of refunding all of the City’s General Obligation Bonds, Series 1996 and Series 1997, that remain outstanding; prescribing the form, terms and details of such bonds; making certain other covenants and agreements in connection with the issuance of such bonds; specifying the use of the proceeds of such bonds; awarding such bonds to Bank of America by negotiated sale; directing the levy of the Ad Valorem taxes of the City of Palm Beach Gardens to the repayment of the bonds; designating an escrow agent and authorizing the execution and delivery of an escrow deposit agreement between the City and the escrow agent; designating a co-paying agent with respect to the refunded bonds; designating the bonds as a “qualified tax-exempt obligation” within the meaning of Section 265 (b)(3) of the Internal Revenue Code of 1986, as amended; and providing an effective date. 2 Resolution 61, 2005 - Approval of Art in Public Places. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for the Gardens Mall located within the Regional Center Development of Regional Impact (DRI)/Planned Community Development (PCD) located on the Northeast corner of the intersection of Alternate AlA and PGA Boulevard, as more particularly described herein; providing for conditions of approval; and providing an effective date. d. Resolution 62, 2005 -- Three year agreement with Enterprise Fleet Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the acquisition of eight additional unmarked police vehicles pursuant to a Master Lease Agreement between the City of Palm Beach Gardens and Enterprise Fleet Services; and providing an effective date. L)-‘ XI ORDINANCES: (For Consideration on First Reading) a. ‘I 011 IIIY”. ) -Ordinance 17, 2005 - Lobbyist Registration and Disclosure. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to lobbyist registration and disclosure; creating a new Article VI, Chapter 2, Code of Ordinances to be entitled “Lobbyist Registration”; providing for codification; and providing an effective date. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: /,j /&, a. Update on Briger Community Planning Session and ORC (Objections, % 0 Recommendations and Comments) Report. l/:/y b. 8 1 4;: Town Hall Meeting Issues (one hour discussion) XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: City: Subject : I 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: / 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 I: 4-7 ‘- I i , ~- -- City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the 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: BbIJMr/ &?rh/q) L Address: 53b &$ &‘FEhkJ ACT 9K.l v6 City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the 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: - v Address: V I &? City: I Subject: b7 b” ~~~~~~ ~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. H 5 CD 4 C1. L L s 0 4 E tI c1 cb CD 0 9 m $ 5 0 5 F. m 2 E' CD s W 0 s 0 r B cc 5 CD n s cc H r cc 0 e: CCI != s 4 5;' 5 0" et: 0 CD - 2 cc CI cb 0 s a % 0" @ B cc 9 e VI P U h) 0 0 VI I E CD s a er 3 B CD cc cc 5 CD w VI U h) 0 0 VI I E CD s a s 3 CD cc c3 4 0 CD 9 4 s s h) 0 0 VI I w E' CD N 0 s W cd cs c1 e w w 0 h) I m 2 "s 3 0" @ cb er . d 0 3 &. 5 cc CITY COUNCIL MEETING 05/19/05 PROPOSED ADDITIONS, DELETIOYS AKD MODIFICATIONS ADDITIONS Under Consent Proclamation - National Police Week 2005 Under Citv Manager reDort City Engineer Report DELETIONS NONE MODIFICATIONS: NONE MEMO FROM: Vice Mayor Jablin TO: City Council SUBJECT: Briger I know this evening you will be discussing the Briger Site and I would like to let you know where I am coming from on the subject. I believe we all have the responsibility to take a holistic approach to the future of the city. Having said that the Briger Site is the last large piece of land remaining in Palm Beach Gardens east of the urban service line. Its unique location together with 5A and 5B along the I 95 corridor offers the perfect opportunity to create the one thing that the city is quickly running out of clean light industrial, research and development, incubator space to nourish the economic health of this city and the entire region. The fact that the county has seen fit to reject this site for Scripps and that now the land owner is no longer enthusiastic should not deter us fiom our efforts to create the kind of employment base that will help sustain all the commercial and service sector business within the city into the future. This should be our goal and even though the hot housing market is driving other uses for this property we should do everything we can to resist that short term gain and look to bolster the long term economic health of our city. This is our job and if we don’t do it who will? I realize that the market tends to drive everything but we are the one body that speaking with a unified strong voice can and should be heard. I urge you all to think about the goals we have articulated together in the past. I would hate to see that just be talk. Please, let us think seriously about strategies that can turn those goals into reality. MEMO TO: City Council Members FROM: Vice Mayor Jablin SUBJECT: Art in Public Places (I will be in New York attending my daughter's graduation on the 1 gth and I wanted to Lgive you all my impressions of the Flyover Art that is on the agenda this evening. As you may know this selection was one of over thirty submissions, the result of a call to artists, that was advertised in March 2004 and was juried by all the members of the Art in Public Places Board. After having narrowed the finalists to three, the new,members of the board invited the artists to make personal presentations to the board.cwas present for two of the three presentations and I must concur with the board's choice of the piece that is front of you tonight. My only concerns are for the safety of the pieces in a high wind situation. I surely do not have to tell those of you who went through last years hurricanes what could happen to one much less four of these pieces in a hurricane. I have spoken to the city's engineer about putting hurricane shutters on the towers and he tells me what I already suspected that the enclosing of the towers would add too much wind load to the tower's structure. 3 The ability to withstand high winds is my overriding concern about these, or for that matter, any piece of art in these towers. Having said that I do believe that the bridpe towers were designed for art and the effect of these pieces on the overall aesthetic of the bridge will be dramatic, making this roadway an incredible gateway to our downtown. Rather than opt not to place art in them we should simply make sure that the proper engineering be applied to this installation to make sure they can withstand an event comparable to last years storms. I know that Joel Strauss (the city's art consultant) has made a special trip from Chicago to answer your questions and aid in the presentation. Consequently I would urge you all to listen to him. He is the expert, not I. For what it's worth I also love the piece that is proposed for the Gardens Mall. c %- 3 n W z" bD Q) .9 rn Q) >( J OW10106 2302:08 Children's Services Council of Palm Beach FLORIDA LEGISLATURE - 2005 REGISTRATIONS BY PRINCIPAL NAME Citizens Property Insurance Corporation (cont.) Citv of Dania Beach Florida Ness, Beverly J. Cruz, Carlos M., Jr. Hogan, Tracy (Theresa) E. Chrysalirr Center, The Chubb & Son, A Division of Federal Insurance Company Iarossi, Nicholas V. LaFace, Ronald C., Jr. Wester, Gerald C. Klena, Christine M. Overton, Larry J. Coates, Richard E. Iarossi, Nicholas V. LaFace, Ronald C., Jr. O'Connell, Patricia G. Wester, Gerald C. Cingular Wirelesa UC Lyon, M. Christopher Meiners, H. Frank Ramba, David E. Betz, Louis G. Ballard, Brian D. Cariseo, Mary Kay McCann, Joseph M. Noga, Raymond A. Smith, Jim Turbeville, William Gregory Young, Amy J. Citigroup Management Corp. Enwright, Randy Iarossi, Nicholas V. LaFace, Ronald C., Jr. Rimes, James C., Jr. Thomson, Todd West, J. Alan Wester, Gerald C. McKinley, William T. Poole, Van B. Citizens for Florida Waterways Mathews, Peggy H. Citizens Property Insurance Corporation Buss, Jessica Colodny, Michael Karlinsky, Fred E. Murphy, Susanne K O'Doski. Rhett E. CHBM Hill, Inc Ciber, Incorporated Cigar Association CIGNA Circulo Cubano Of Tampa, Inc Citigroup Global Markets, Inc CitiStreet Sheehan, Thomas A., 111 Ragbeer, Diana L. Overton, Larry J. Ballard, Brian D. Smith, Jim Cariseo, Mary Kay Turbeville, William Gregory McCann, Joseph M. Young, Amy J. Overton, Larry J. Smith, Jim Cerra, John F. Turbeville, William Gregory Cerra, Robert J. Young, Amy J. Citrus Memorial Hospital Christian Child Care Association Overton, Larry J. Hollahan, Dick City of Altamonte Springs Christian Coalition of Florida Rotundo, Louis Stephens, William K City of Arcadia Christian Prison Ministries - Bridges of America Grimes, Ken Duffee, Alan B. Lane, George H., Jr. Christian Science Committee on Publication for City of Aventura Book, Ronald L. Ricker, bbert L. Children's Trust, The Scott, Katherine A. ChildrenFirst Home Health Care System Ballard, Brian D. Cariseo, Mary Kay ChoicePoint McCann, Joseph M. Citrix Systems, Inc Citrus County Public Schools Mallette, Kelly C. Sayfie, Justin J. Ballard, Brian D. Cariseo, Mary Kay McCann, Joseph M. Smith, Jim Turbeville, William Gregory Young, Amy J. City of Bonita Springs Piller, Paul A. City of Boynton Beach Ballard, Brian D. Brosemer, Donna B. Cariseo, Mary Kay McCann, Joseph M. Smith, Jim Turbeville, William Gregory Young, Amy J. City of Cape Coral Hall, Terri L. City of Clearwater Diaz, Nelson D. Dunbar, Marc W. Dunbar, Peter M. Edenfield, Martha J. Goudeau, Cynthia E. City of Cocoa Sansom, Jerry H. City of Cocoa Beach Fowler, James A. City of Coconut Creek Cousins, Nancy A. Kelly, John P. Klenet, Russell H. Lantz, Dorothea C. Rivera, David J. Scavron, Aaron M. Stuart, Paul Book, Ronald L. Klenet, Russell H. Lantz, Dorothea C. Mallette, Kelly C. Scavron, Aaron M. Gomez, Fausto B. Reyes, Manuel (Manny) Auger, Barbara Doolittle Ericks, Candice D. Ericks, David L. Roth, Cari L. 8 City of Boca Raton City of Cooper City City of Coral Gables City of Coral Springs Coates, Richard E. Fenner, Noreen Klenet, Russell H. Lantz, Dorothea C. Mayernick, Frank P., Jr. McKay, Michelle D. Scavron, Aaron M. City of Daytona Beach Bell, Douglas S. Bell, Samuel P. Crowley, Kevin X. City of Deerfield Beach Reboso, Noreen Rubin, William D. Turnbull, Heather L. City of Delray Pfeiffer, William City of Delray Beach Aleksander, Sebastian Daley, Kathleen E. Book, Ronald L. Lorenzo, Albert Mallette, Kelly C. City of Florida City Levy, Robert M. City of Fort Lauderdale Cox, Linda C. Skelding, Jack M., Jr. City of Fort Myers Arnold, J. Keith Bacot, Brett R. Taylor, Leland M. Keyes, Kassy G. Bruce, H. Douglas Peebles, William J. City of Hallandale Beach Smith, Lawrence J. City of Hollywood Casteel, Mark W. Friedman, Bernie J. Steele, Rolland A. Levy, Robert M. Blakely, Edward W., Jr. Coates, Richard E. Crawford, Paul R. Fenner, Noreen Fiorentino. Thomas M., Jr. Green, Shelley B. Hewett, Shannon B. Mayernick, Frank P., Jr. Peebles, William J. Slade, Tom Thoburn, Bradford G. City of Jacksonville Beach Ritter, Louis H. City of JacksonvilldConstruction Trades City of Doral City of Freeport City of Gainesville City of Homestead City of Jacksonville Qualifying Board Hickok, Richard A. Watson, Richard Peebles, William J. Smallwood, Donald T. City of Lake Mary Juarez, Julia City of Lake Worth Brosemer, Donna B. Connors, M. Jordan DeRita, Thomas, Jr. City of Key West City of Kissimmee 06/lW06 23:02:08 nORIDA LEGISLATURE - 2005 REGISTRATIONS BY PRINCIPAL NAME City of Lakeland Shepp, David A. City of Lauderdale Lakes Friedman, Bernie J. Jackson, Yolanda Cash Steele, Rolland A. Klenet, Russell H. Lantz, Dorothea C. Scavron, Aaron M. Perry, Jim N. Fort, Pamela Burch Rotundo, Louis Barreto, Rodney Dudley, Charles F. Maloy, Patrick R. Weiner, Loren Rachel Tobin, Jack N. Sansom, Jerry H. Abrams, Michael I. Blair, Robert M. Book, Ronald L. Corcoran, Michael C. Griffin, David Johnson, Katherine T. Lorenzo, Albert Mallette, Kelly C. Rodriguez, Monica L. City of Miami Beach Gomez, Fausto B. Levy, Robert M. Menduni, Margaret A. Reyes, Manuel (Manny) Rutledge, Gary R. Stephens, M. Lane City of Miami Gardens Jackson, Yolanda Cash Steele, Rolland A. Piller, Paul A. Book, Ronald L. Reboso, Noreen Rubin, William D. City of Moore Haven Grimes, Ken Milita, M. Dale City of Mount Dora Peebles, William J. City of New Smyrna Beach Bell, Douglas S. Bell, Samuel P. Crowley, Kevin X. City of North Lauderdale Aleksander, Sebastian Auger, Barbara Doolittle McKeown, Georgia F. McKinley, William T. Roth, Cari L. Sigerson, David R, Jr. City of North Miami Book, Ronald L. Johnson, Katherine T. Mallette, Kelly C. McCray, Kim M. City of North Miami Beach Book, Ronald L. Johnson, Katherine T. City of Lauderhill City of Leesburg City of Lynn Haven City of Maitland City of Marathon City of Margate City of Melbourne City of Miami City of Midway City of Miramar City of North Miami Beach (cont.) City of North Port City of Oakland Park Mallette, Kelly C. Dempsey, Hayden R. Klenet, Russell H. Lantz, Dorothea C. Sayfie, Justin J. Scavron, Aaron M. City of Ocoee Rotundo, Louis City of Okeechobee Grimes, Ken Milita, M. Dale Brantley, Bobby L., Sr. Thorn, Eric J. City of Opa-Locka Jackson, Yolanda Cash Steele, Rolland A. Bruce, Derek E. Dudley, Christopher F. Dyal, Stephen D. Herndon, John T. Leonhardt, Frederick W. Peebles, William J. Rancourt, David A. Robinton, Roxanne M. Russell, Kathleen Thrasher, John E. City of Ormond Beach Bell, Douglas S. Bell, Samuel P. Crowley, Kevin X. Diaz, Nelson D. Lawton, Cestia C. Barrett, William C. Book, Ronald L. Connors, M. Jordan DeRita, Thomas, Jr. Bell, Douglas S. Bell, Samuel P. Crowley, Kevin X. City of Pembroke Pines Auger, Barbara Doolittle Ballard, Brian D. Cardenas, Albert0 R. Cariseo, Mary Kay Figueroa, Andreina S. Johnson, Christina C. Lewis, Rene Best McCann, Joseph M. Roth, Cari L. Sayfie, Justin J. Smith, Jim Smith, Lawrence J. Tepper, Lois S. Turbeville, William Gregory Villella, Ronald Young, Amy J. City of Pinellas Park Book, Ronald L. Johnson, Katherine T. Fletcher, Charles R. Ericks, David L. Friedman, Bernie J. Jackson, Yolanda Cash City of Oldsmar City of Orlando City of Oviedo City of Palm Bay City of Palm Beach Gardens, FL City of Palm Coast City of Plant City City of Plantation City of Pompano Beach 9 City of Pompano Beach (cont.) Klenet, Russell H. Lantz, Dorothea C. Scavron, Aaron M. Steele, Rolland A. Connors, M. Jordan Cooper, Donald B. DeRita, Thomas, Jr. Connors, M. Jordan DeRita, Thomas, Jr. Sansom, Jerry H. Brantley, Bobby L., Sr. Thorn, Eric J. McKinley, William T. Poole, Van B. Wilson, W. James City of Satellite Beach Sansom, Jerry H. City of South Daytona Bell, Douglas S. Bell, Samuel P. City of South Miami Gomez, Fausto B. Reyes, Manuel (Manny) Barrett, William C. Carvajal, Allison S. Davis, Christopher K. Hebert, Jack T. Mabry, Janet F. Polson, Herbert E. City of Sunny Isles Beach Book, Ronald L. Johnson, Katherine T. Mallette, Kelly C. Klenet, Russell H. Lantz, Dorothea C. Scavron, Aaron M. City of Sweetwater Rodriguez Pina, Rick J. City of Tallahassee Book, Ronald L. Hart, Dinah R. Johnson, Katherine T. Mallette, Kelly C. Matthews, Frank E. Peebles, William J. Pittman, Sean A. West, Donald L. Book, Ronald L. Johnson, Katherine T. Mallette, Kelly C. Fenton, Jeanette L. Martinez, Bob Matthews, Frank E. Olsen, Eric T. Peebles, William J. City of Temple Terrace Betz, Louis G. City of Valparaiso McKinley, William T. Poole, Van B. Gomez, Fausto B. Reyes, Manuel (Manny) City of Port St. Lucie City of Riviera Beach City of Rockledge City of Sanford City of Sanibel City of St. Cloud City of St. Petersburg City of Sunrise City of Tamarac City of Tampa City of West Miami 06/10/06 33:oa:os F'LORIDA LEGISLATURE - 2005 REGISTRATIONS BY PRINCIPAL NAME Dudley,-Charles F. - Maloy, Patrick R. Weiner, Loren Rachel Hartnett, Robert C. Peebles, William J. City of Winter Springs Sansom, Jerry H. City-County Public Works Authority, Glades Grimes, Ken Milita, M. Dale Civigenics, Inc Sharkey, Jeffrey B. Clarendon National Insurance Company Neal, Austin B. Classic Limo & Sedan Service Zepp, Victoria V. Clay & Baker Kid's Net, Inc Hill, A. Stephen Clay County Behavioral Health Center, Inc Hill, A. Stephen Clay County Commission Thrasher, John E. Clean Water Action, Inc Randolph, Scott A. Clear Channel Entertainment Reboso, Noreen Rubin, William D. Turnbull, Heather L. Ulrich, Shawn M. Curva, Fely R. Connors, M. Jordan DeRita, Thomas, Jr. Betz, Louis G. Villella, Ronald Garcia, Edward Stern, Michael B. City of Winter Park Clear Channel Outdoor - Tampa Bay Division Clearinghouse on Human Services Clinical Concepts Limited Clinical Pharmacology Services CLW Real Estate Services Group CMG Surety LLC CNA CNL Group, Inc Gonzalez, Lawrence A. Coach USA Spinelli, Michael Coalition for Family Safety DeVane-Gilberg, Barbara A. -WD- 01/27/2005 Coalition for Natural Health McLeod, Laura Timmins, Margaret M. Coalition for Quality Healthcare 8 Accountability Schraff, Alexander J. Layne, Denise D. Coalition for Responsible Growth Coalition for the Education of Exceptional Students Cerra, John F. Cerra, Robert J. Cardenas, Alberto R. Sharkey, Jeffrey B. Duffee, Alan B. Coalition of Affordable Housing Providers Coastal Behavioral Healthcare, Inc City of West Palm Beach Greene, Patricia B. Kiser, S. Curtis Ryan, Joy M. Cunnineham. Courtnev -WD- 02/14/2005 Coastal Conservation Satley, Ramon Z. Coastal Conservation Association Florida Diaz, Nelson D. Dunbar, Marc W. Dunbar, Peter M. Edeniield, Martha J. Farren, Richard L. City of Weston Forsgren, Ted McCormack, Fred A. Coca-Cola Company, The Krog, James B. Stafford, Sean C. Whitson, Jeffrey L. Coca-Cola Enterprises Bell, Douglas S. Bell, Samuel P. Crowley, Kevin X. Heuchan, Brecht W. Holcomb, Michele A. Horne, Jessilyn A. McKay, Michelle D. Coconut Grove Playhouse Gomez, Fausto B. Reyes, Manuel (Marmy) Cognos Corporation Bryan, Matt A. Hartley, Jeff McGee, Wallace Gene Myers, Julie S. Naff, Jim A. Roberts, Adam J. Cogon Systems, LLC Hunt, Allison E. Overton, Larry J. Cole National Corporation Horenbein, Barry College Board, The Dudley, Christopher F. Herndon, John T. Maxwell, Mark A. Owens, Linda H. Thrasher, John E. Collier County Audubon Society Cornell, Bradley M. Collier County Government Arnold, J. Keith Bacot, Brett R. Taylor, Leland M. Twomey, Michael B. Collier Health Services, Inc Overton, Larry J. Collier Resources Company Matthews, Frank E. Colodny, Fass, Talenfeld, Karlinsky & Abate, P. A. Colodny, Michael Karlinsky, Fred E. O'Doski, Rhett E. Scott, Katherine A. Dudley, Fred R. Mitchell, Prentiss R. Perdue, Tamela Ivey Stiles, Mary Ann Commerce Group, The Fort, Pamela Burch Commission for the Transportation Colonial Supplemental Insurance Columbia Grain & Ingredients, Inc Comcar Disadvantaged Bacot, Lisa M. Gianino, Peter T. Revell, Laurie 10 Commission on Ethics Claypool, Philip Williams, Bonnie J. Committee for Preservation of Private Property Rights Stiles, Mary Ann Taylor, Rayford H. Committee to Incorporate Loxahatchee Groves, InC Brosemer, Donna B. Common Cause Florida Wilcox, Ben T. Commonwealth Brands, Inc Bibeau, Brian H. Gran, Jill C. Hopping, Wade L. Stengle, Dan R. Weber, Victoria L. Trammell, Park M., Jr. Trammell, Robert D. Communications International, Inc Communications Workers of America Council of Florida Perry, Gail Marie Moore, Travis W. Dudley, Alison B. Moss, Walter R. South Florida, Inc Jernigan, Skeet Bishop, David L. Dyal, Stephen D. Gray, John Charles Leonhardt, Frederick W. Maxwell, Mark A. Mixon, M. Juhan Uhlfelder, Steven J. Community Health Centers Alliance Blanton, Travis W. Community Health of South Dade Levy, Robert M. Community Health Solutions of America, Inc Clemons, Scott W. Community Newspapers, Inc Levy, Robert M. Community Redevelopment Agency of Riviera Community Associations Institute Community Bridges Community Concepts Services Community Economic Development Council of Community Education Partners Beach Connors, M. Jordan DeRita, Thomas, Jr. Community Redevelopment Associates of Florida, Inc Larsen, Martin R. Law, John G. Research Clinic Community Rehabilitation Center, Inc Community Smiles D.B.A. Dade County Dental Kubilus, Barbara M. Peebles, William J. Community Telecommunications Council Community Television Foundation of South Florida, Inc Blosser, James J. Sayfie, Justin J. Toothaker, Stephanie J. Ford, Lona W. Francis, Brook M. Williams, Isaac Compass Environmental, Inc Book, Ronald L. Hansen, Christopher K. Community Trust Corporation, The I F'LORIDA LEGISLATURE - 2005 REGISTRATIONS BY PRINCIPAL NAME OUlUO6 aS:16:06 Orasure Technologies, Inc Shepp, David A. Organizational Development, Inc Dempsey, Matthew B. Organized Fishermen of Florida Sansom, Jerry H. Orlando Jai-Alai, Inc Tillman, Jim K. Orlando Lutheran Tower, The Peters, B. J. Orlando Lutheran Towers Juarez, Oscar F. Orlando Magic Bayliss, Slater W. Heuchan, Brecht W. Juarez, Julia Juarez, Oscar F. Shiver, Stephen W. Orlando MagiJRDV Sports Gonzalez, Lawrence A. Orlando Regional Chamber of Commerce Ketchum, Michael L. Orlando Regional Healthcare Howell, Stephanie A. Orlando Regional Healthcare System Prutsman, Eric D. Orlando Regional Realtor Association Elliott, Eileen F. Jennings, Belton E., 111 Orlando Utilities Commission de la Parte, Edward P., Jr. Fletcher, Charles R. Gonzalez, Lawrence A. Tart, Thomas B. Young, Roy C. Dudley, Christopher F. Johnston, John R. Rancourt, David A. Robinton, Roxanne M. Thrasher, John E. Orlando-Orange County Expressway Authority Orlando-Sanford Airuort Authority Atkinson, -Timothy P. Bleakley, Sarah M. Fernandez, Segundo J. Thacker, Laura Jo 0. Oseeola County School Board Golden, Teresa R. LYCM, David E. Mixon, M. Juhan Osceola Legislative Effort Bruce, H. Douglas Bryan, Matt A. Hartley, Jeff Johnston, John R. Myers, Julie S. Naff. Jim A. Villella, Ronald Duffee, Alan B. Rhodes, Terry J. Sessions, Douglas, Jr. Outback Steakhouse, Inc Halme, Matthew P. Owens-Illinois Leary, Philip L. Owners Counsel Hopping, Wade L. P. G. Corbin Group, Inc Cardenas, Alberto R. Henderson, Cynthia A. Lewis, Rene Best Osceola Property Holdings, LLC Ounce of Prevention Fund of Florida, Inc, The P. G. Corbin Group, Inc (cont.) PACE Center for Girls, Inc Shiver, Stephen W. Blakely, Edward W., Jr. DuEee, Alan B. -WD- 02/10/2005 Mayernick, Frank P., Jr. Page &Associates, Inc Sciarra, Vanessa P. -WD- 03/18/2005 Pal Mar Water Control District Harvey, James M. Palladium Equity Partners Bayliss, Slater W. Cardenas, Alberto R. Palm Beach Casino Lines McLeod, Laura Timmins, Margaret M. Palm Beach Community College McColskey, Erin S. Palm Beach County Bonlarron, Todd J. Daley, Kathleen E. Ericks, David L. Harrell, Michael P. McGee, Wallace Gene Roberts, Adam J. Van Arnam, Jon A. Pittman, Sean A. West, Donald L. Palm Beach County Government Palm Beach County Medical Society Services, Inc Moyle, Jon C., Jr. Moyle, Jon C., Sr. Messersmith, Frank S. Diffenderfer, Robert P. Lewis, Terry E. Ramba, David E. Palm Healthcare Foundation, Inc LaFace, Ronald C., Jr. O'Connell, Patricia G. PickuD-Crawford. Vernon A. Palm Beach County Sheriffs Office Palm Beach Heights Landowners Coalition, Inc Juarez, Julia Osceola County Board of County Commissioners Palmer Cdiropractic University Foundation Blanton, Travis W. Guzzo, Gary A. -WD- 03/18/2005 Johnson, Gloria N. Johnson, Jon E. Maida, Thomas J. Schulte, Leonard E. McKinley, William T. Wilson, W. James Paloumpis and Associates, Inc Paloumpis, Andreas A. Pan American Group Moya, Christopher R. Panhandle Area Education Consortium Harris, Bob L. Panther Island Mitigation Bank Dempsey, Matthew B. Paradigm Health Wood, Lany D. Park Strategies, UC Spinelli, Michael Parks & Crump, LLC Pittman, Sean A. -WD- 03/29/2005 Parkway Maintenance & Management Company Dunbar, Peter M. Edenfield, Martha J. Mabry, Janet F. ParkwayOakland Properties Hebrock, Bill J. McLaughlin, Daryl G. Rogers, Bonnie K 36 Palmer Engineering ParkwayOakland Properties (cont.) Parmount Miller Graphics, Inc Pasco County Pasco County Board of County Commissioners Shoemaker, Kimberly N. Bolton, Bill Dee, David S. Bayliss, Slater W. Cardenas, Alberto R. Figueroa, Andreina S. Heuchan, Brecht W. Mannion, Joseph Shiver, Stephen W. Pasco County Clerk of Court Collins, Deborah Collins, Ed Ramba, David E. Collins, Deborah Collins, Ed Pasco-Hernando Community College Schroeder, Stephen C. Patent Marketing Concepts Bolton, Bill Patient Center and Health Network (PCN) Pasco County Mosquito Control District Pasco County Property Appraiser Blakely, Edward W., Jr. Dax, Kristen L. Fair, Sue C. Spearman, Guy M., I11 Powell, Kenneth A. Curtin, Lawrence Gwynn, Michael B. Paxen Group, The Payroll Management, Inc PCS Phosphate Peace RiveriManasota Regional Water Supply Authority Jacobs, Laura L. Manson, Douglas P. Pilon, Raymond A. Salz, Diane R. Pearson Education, Inc Bishop, David L. Uhlfelder, Steven J. Pedi Stat, Inc Maury, Ramon Pediatric Associates Blank, F. Philip Yarbrough, Cameron Maury, Ramon Overton, Larry J. Sayfie, Justin J. Pegasus Insurance Company Karlinsky, Fred E. O'Doski, Rhett E. Pediatric Health Pediatrix Medical Group, Inc Pennington, Moore, Wilkinson, Bell & Dunbar, P. A. Adams, Howard E. Bell, Douglas S. Bell, Samuel P. Crowley, Kevin X. Delegal, Mark K. Diaz, Nelson D. Dunbar, Marc W. Dunbar, Peter M. Edenfield, Martha J. Roddenberry, J. Steve Safley, Ramon Z. Snowden, Meredith Woodrum Mullenix, Joel H. Pensacola Christian College OMO/O6 23:03:08 F'LORIDA LEGISLATURE - 2005 REGISTRATIONS BY PRINCIPAL NAME Institute, Inc (TSU Blakely, Edward W., Jr. Coates, Richard E. Slade, Tom University of Online Education, Inc Diekinson, Sherry Fiorentino, Thomas M., Jr. Hewett, Shannon B. McKeown, Georgia F. McKinley, William T. Poole, Van B. Betancourt, Kathleen A. Floyd, Chris L. Genshaft, Judy Huggins, Jeffrey Muir, Jeffrey A. Blair, Robert M. Corcoran, Michael C. University of Tampa Bryan, Matt A. Hartley, Jeff Myers, Julie S. Naff, Jim A. Villella, Ronald University of West Florida Cavanaugh, John C. White, Harold M., Jr. Heffiey, Richard J. Horton, Kelly W. Leonhardt, Frederick W. Canton, Mikki Bishop, David L. Snyder, Robert G. Uhlfelder, Steven J. UrbanAmerica, L.P. Hebrock, Bill J. McLaughlin, Daryl G. Rogers, Bonnie K. Shoemaker, Kimberly N. Kiser, S. Curtis University of Phoenix University of South Florida University of South Florida Foundation University of West Florida Foundation University Properties, Inc, LLC Univision Communications UPS URS Corporation University of Florida Foundation, Inc (cont.) University of Florida Institute of Food & US Airways Moreton, Belita Allen, Chuck Blair, Robert M. USA Training Company USB Industries, Inc Verlin C. Weaver Block, Lance Agricultural Sciences Ericks, David L. Corcoran, Michael C. Ansociation Young, Roy C. O'Doski, Rhett E. larossi, Nicholas V. LaFace, Ronald C., Jr. Mang, Douglas A. Colodny, Michael University of Miami UST Public Affairs, Inc Karlinsky, Fred E. Abrams, Michael I. Book, Ronald L. Candia, Richard F. Lorenzo, Albert Morse, Luis C. Pride-Chavies, Pamela Green, Michael Rodriguez, Monica L. Shalala, Donna E. Silver, Ronald A. Simon, Arthur M. Ugalde, Aileen M. University of North Florida Delaney, John A. Colodny, Michael Rubin, William D. Owen, Janet D. Karlinsky, Fred E. Smith, Jim O'Doski, Rhett E. Dudley, Charles F. Littlejohn, Cindy R. Vernis & Bowling of Miami, P. A. University of Florida Student Government Tsamoutales, Frank N. Karlinsky, Fred E. USF&G Speciality Insurance Company Vesta Fire Insurance Company Cunningham, Courtney -WD- 02/14/2005 vet Brands, Dudley, Charles F. Maloy, Patrick R. May, Brian E. Weiner, Loren Rachel Basham, Bonnie H. Dudley, Charles F. Weiner, Loren Rachel Viasys Utilities Commission, City of New Smyrna Beach Viatical and Life Settlement Association of Val-Pac Direct Marketing System, Inc America Ballard, Brian D. Blanton, Travis W. Custin, David R. Johnson, Jon E. Reboso, Noreen Spearman, Guy M., 111 Vickers, Cass D. Mullowney, William J. Valencia Community College Value Underwriters, Inc University of North Florida Training & Services Turbeville, William Gregory ValueOptions, Incorporated Turnbull, Heather L. Vietnam Veterans Association, Florida State Malo< Patrick R. Weiner, Loren Rachel Van Fleet International Airport Development Group, LLC Digiacomo, Kim Magill, James Patrick Stipanovich, John McKager (Mac) Vanguard Car Rental USA, Inc Book, Ronald L. Johnson, Katherine T. McKinley, William T. Poole, Van B. Ramsay, Deborah M. Wilson, W. James Vanguard Fire & Casualty Roddenberry, J. Steve Safley, Ramon Z. Snowden, Meredith Woodrum Barreto, Rodney -WD- 03/24/2005 Graham, William B. Reyes, Robert F. Buigas, Pete J. Bell, Douglas S. Bell, Samuel P. Crowley, Kevin X. Blair, Robert M. Chapkis, Richard A. Ciamporcero, Alan F. Coffin, Cristina Corcoran, Michael C. Dax, Kristen L. Edmonston, Rebecca A. Fair, Sue C. Guy, Irene C. Mixson, Stephen R. Pfeiffer, William Reid, William T. Simmons, Woodrow J. Spearman, Guy M., 111 Harrell, Michael P. McLeod, Laura Timmins, Margaret M. Variable Annuity Life Insurance Company VCI Vector Group Ltd Verizon Verizon Wireless 46 Council Levy, Robert M. Viisage Technologies, Inc Moore, James T. (Tim) Village of Bal Harbour Book, Ronald L. Village of Biscayne Park Caserta, David Village of El Portal McCray, Kim M. Village of Islamorada Levy, Robert M. Village of Key Biscayne Gomez, Fausto B. Reyes, Manuel (Manny) Village of Palmetto Bay Book, Ronald L. Levy, Robert M. Mallette, Kelly C. Village of Royal Palm Beach Book, Ronald L. Johnson, Katherine T. Pittman, Sean A. West, Donald L. Village of Tequesta Cory, Jack Cory, Keyna Hogan, Tracy (Theresa) E. -WD- 03/02/2005 Village of Wellington Harvey, James M. Village South, Inc, The Duffee, Alan B. Villages of Lake Sumter, Inc Harbison, Rheb Linnan, Nancy G. Olenick, Michael H. Villages Regional Hospital Harbison, Rheb -WD- 04/15/2005 Olenick, Michael H. -WD- 04/14/2005 Bayliss, Slater W. Cardenas, Alberto R. Leary, Philip L. Whitis, Derek A. Villages, The Virtual Learning Group of Florida OMWO6 39:021:08 F'LORIDA LEGISLATURE - 2005 REGISTRATIONS BY PRINCIPAL NAME Tampa Electric Company (cont.) Curtin, Lawrence Dax, Kristen L. Fair, Sue C. Floyd, Chris L. Hart, Kenneth R. Heffley, Richard J. Hinson, Charles O., 111 Horton, Kelly W. Juarez, Julia Juarez, Tanya T. Klenet, Russell H. McKay, Michelle D. Messersmith, Frank S. Patchett, R. Dale Pittman, Sean A. Rancourt, David A. Simmons, Donna S. Spearman, Guy M., 111 Stuart, Richard C. Sullivan, Leroy, Jr. Thompson, James Harold Thrasher, John E. Willis, Lee L. Hogan, Tracy (Theresa) E. Gorrie, Jan Johnson Thompson, James Harold Tampa General Hospital Cruz, Carlos M., Jr. Lorenzo, Marcos F. Tampa Greyhound Track Blair, Robert M. Corcoran, Michael C. Tampa Machinery Auction, Inc Floyd, Chris L. Tampa Port Authority Thorington, John T. Tampa Unit of the National Alliance Daugherty, David J. Tampa-Hillsborough County Expressway Tampa General Tampa General Eealthcare Authority Beck, John H. Betz, Louis G. Henderson, Cynthia A. Malaney, Wayne R. TAP Pharmaceuticals Thrash, Marsi Taser International Kiser, S. Curtis Ryan, Joy M. Spinelli, Michael Sheheane, G. Herb Becker, Geoffrey P.R. Daughtan, James R., Jr. Husband, Warren H. Metz, Stephen W. Sheheane, G. Herb Turner, Christine M. Teaching Nursing Home Levy, Robert M. Technological Research and Development TCI TDS Telecom Teachers Insurance & Annuity Association Authority Kinney, Frank L. Roberts, William J. Tsamoutales, Frank N. Floyd, Chris L. Maxwell, Mark A. Overton, Larry J. TechRadium, Inc TECO Energy, Inc Abreu, Sergio, Jr. Aleksander, Sebastian Curtin, Lawrence Dudley, Christopher F. Floyd, Chris L. Hart, Kenneth R. Heffley, Richard J. Heuchan, Brecht W. Hinson, Charles O., 111 Horton, Kelly W. Juarez, Julia Juarez, Tanya T. Klenet, Russell H. McKay, Michelle D. Messersmith, Frank S. Patchett, R. Dale Pittman, Sean A. Simmons, Donna S. Spearman, Guy M., 111 Stuart, Richard C. Sullivan, Leroy, Jr. Thompson, James Harold Thrasher, John E. Willis, Lee L. TEKsystems, Inc Ard, Lisa C. Cales, Roy T. Tenet Health Care Pfeiffer, William Tenet Healthcare Corporation Bishop, David L. Uhlfelder, Steven J. Wharton, Paul W. Tensor Engineering Tsamoutales, Frank N. Terra Developers Lorenzo, Albert Terrell Hogan Heuchan, Brecht W. Terrell, Hogan, Ellis, Yegelwel, P. A. Fort, Pamela Burch Terry Yon and Associates, Inc Yon, Terry E. Testability, Inc Stafford, Sean C. TetraTech FW, Inc McCormack, Fred A. Teva Pharmaceuticals Book, Ronald L. Mallette, Kelly C. Tew, Cardenas, et al Cardenas, Albert0 R. Lewis, Rene Best Therapy Review Systems Blanton, Travis W. Dudley, Charles F. Johnson, Jon E. Maloy, Patrick R. Thomas A. Waits Waits, Thomas A. Thomson Prometric Martin, Frederick A. Three Corp, Inc Aleksander, Sebastian Ticketmaster - Florida, Inc Sharkey, Jeffrey B. Tictosterone, LLC Bruce, H. Douglas Tidewater Consulting, Inc Blakely, Edward W., Jr. Coates, Richard E. Fenner, Noreen Green, Shelley B. Mayernick, Frank P., Jr. 44 Tidewater Consulting, Inc (cont.) Slade, Tom Tilt-Con Corporation Reichelderfer, Marc R. Time Customer Service, Inc Moffitt, H. Lee Time Warner Telecom Adams, Howard E. Dunbar, Peter M. Bradshaw, Paul R. Dudley, Christopher F. Moore, James T. (Tim) Rancourt, David A. Robinton, Roxanne M. Thrasher, John E. Time, Inc Mofitt, H. Lee Tobin & Reyes, P. A. De Grandy, Miguel Mazorra, Nicholas C. Peebles, William J. Cunningham, Courtney -WD- 02/14/2005 Dudley, Charles F. Maloy, Patrick R. May, Brian E. Weiner, Loren Rachel Total Compliance Network, Inc Gomez, Fausto B. Reyes, Manuel (Manny) Total Court Services, Inc Hebrock, Bill J. McLaughlin, Daryl G. Rogers, Bonnie K. Shoemaker, Kimberly N. Tourist Development Councilhe County Fumero, John J. Tower Hill Insurance Group Meenan, Timothy J. Yarbrough, Cameron Town of Bay Harbor Islands Caserta, David Town of Davie Sigerson, David IC, Jr. Town of Golden Beach Caserta, David Grimes, Ken Milita, M. Dale Town of Jupiter Capko, William G. Town of Lauderdale by the Sea Klenet, Russell H. Town of Malabar Sansom, Jerry H. Town of Medley Rodriguez Pina, Rick J. Town of Melbourne Beach Sansom, Jerry H. Town of Miami Lakes Rodriguez Pina, Rick J. Town of Palm Beach Ballard, Brian D. McCann, Joseph M. Smith, Jim Turbeville, William Gregory Young, Amy J. Town of Pembroke Park Coates, Richard E. Fenner, Noreen Grimes, Ken Kahn, Michael H. Mayernick, Frank P., Jr. Milita, M. Dale Time Warner, Inc ToHo Water Authority Tollroad Corp. of America FILORIDA LEGISLATURE - 2005 REGISTRATIONS BY PRINCIPAL NAME OMQIOS moa:os Town of Pembroke Park (cont.) Sigerson, David R, Jr. Slade, Tom Underground Storage Tank Management Cruz, Carlos M., Jr. Benford, Brady J. Underground Utility Contractors of Florida Williams, J. Larry Kershner, R. Bruce Magill, James Patrick Underwriters at Lloyd's London Reboso, Noreen Guzzo, Gary A. Thompson, James Harold Rubin, William D. Neal, Austin B. Watson, Screven H. Turnbull, Heather L. Schulte, Leonard E. United Teachers of Dade Trade and Transport Council Unemployment Appeals Commission Lopez, Elsa M. Valdes, Carlos L. Atkinson-Hazelton, Geralyn M./ Geri Minor, Joseph Trammell Crow Residential Forst, Alan Orantes Richard, Mark H. Cox, Berneice Transcore, Inc Hammer, Marion P. Howden, William B. Davison, Richard D. Unisys Corporation United Transportation Union Williams, Thornton J. Dax, Kristen L. kjillo, Andres TransLife, Organ, Tissue & Transplant Services ai^, sue C. United Way of Florida Granger, Theodore G. Carvejai, Allison S. Gaddy, Richard E. Jogerst, Brian B. Plante, Ken TRAP Systems Jogerst, Brian B. UnitedHealth Group Wetherell, Virginia B. Plante, Ken Trinity Global Network, LLC Spearman, Guy M., I11 Amall, Joe H. United Automobile Insurance Company/Group R' Universal Casualty Company Karlinsky, Fred E. Colodny, Michael Wilk, Jeanette L. O'Doski, Rhett E. Karlinsky, Fred E. Trinity Services Group, Inc O'Doski, Rhett E. Blake, Danielle Universal Orlando Scott, Katherine A. Ramba, David E. Digiacomo, Kim Magill, James Patrick Auger, Barbara Doolittle Brantley, Bobby L., Jr. McKeown, Georgia F. Magill, James Patrick McKinley, William T. United Cerebral Palsy Brewton, Wilbur E. McReynolds, John L. Levy, Robert M. Custin, David R. United Faculty of Florida Service Unit of FEA Poole, van B. Large, Toni Smith Rodatz, Erika (Candace) Weinberger, Steven Tropicana Products, Inc Stipanovich, John McKager (Mac) United Healthcare of Florida, Inc Harbison, Rheb Lezman, Steven J. Wilson, W. James Auger, Barbara Doolittle Baggett, Fred W. Linnan, Nancy G. Olenick, Michael H. TRUE.com Bryan, Matt A. Karlinsky, Fred E. Henderson, Cynthia A. Dempsey, Hayden R. O'Doski, Rhett E. Trust for Public Land, The Dughi, Leslie Y. Abberger, William W. Hartley, Jeff Karlinsky, Fred E. O'Doski, Rhett E. Naff, Jim A. Chelius, Gregory J. A. McLeod, Andrew H. United Home Care Services, Inc Morse, Luis C. Becker, Geoffrey P.R. United HomeCare Services Blair, Robert M. Bitner, David I. Bitner, Wendy M. Herndon, John T. Corcoran, Michael C. Rancourt, David A. Daughton, James R., Jr. Karlinsky, Fred E. Husband, Warren H. O'Doski, Rhett E. Benford, Brady J. Metz, Stephen W. Scott, Katherine A. Kutter, Edward L. Sheheane, G. Herb Twin Oaks Juvenile Dev. Inc Williams, J. Larry Moya, Christopher R. United Modular, Inc Winn, Stephen R. TYA Parmaceuticals Marshall, Suzanne A. University of Central Florida Trammell, Robert D. Mixon, M. Juhan Hitt, John C. Yon, Terry E. Ericks, David L. Dudley, Charles F. McCann, Joseph M. Gray, John Charles Maloy, Patrick R. Smith, Jim Kilman, Jonathan P. May, Brian E. Turbeville, William Gregory Leonhardt, Frederick W. Weiner, Loren Rachel United School Employees of Pasco Colodny, Michael Presto, Angela M. Kilman, Jonathan P. Karlinsky, Fred E. United Services Automobile Association Leonhardt, Frederick W. UFOL Corporation Henderson, Robert A. University of Florida Wallerius, Robert C. Roddenberry, J. Steve Adams, Jane A. Uhlfelder & Associates, P. A. Bishop, David L. Snowden, Meredith Woodrum Eccles, Patsy Uhlfelder, Steven J. United Space Alliance LLC Hoffmann, Marion S. Iarossi, Nicholas V. Holland, Christopher M. Brewton, Wilbur E. LaFace, Ronald C., Jr. Wester, Gerald C. Vickers, Cass D. Large, Toni Smith UMCLE, Inc United States Sugar Corporation Morse, Luis C. -WD- 05/06/2005 Coker, Robert E. TracFone Wireless, Inc Richmond, Ronald R. Digiacomo, Kim Dyal, Stephen D. Stipanovich, John McKager (Mac) Tractebel Calypso Pipeline, LLC Unified Sportsmen of Florida United Technologies Corp., Pratt & Whitney Universal City Development Partners, LTD. dba ' United Behavioral Health TriStar Consulting Group, Inc Tropical Park, Inc Universal Insurance Company of North America Universal Insurance Managers, Inc University Community Health Systems Trust loo Trustway Insurance Agencies, LLC United Insurance Company of America Turner, Christine M. United Pool & Spa Association United Property & Casualty Insurance Company University of Central Florida Foundation, Inc Holsenbeck, Daniel C. Tyndall Hammock Kershner, R. Bruce Kittinger, Fred R., Jr. U. S. Re Ballard, Brian D. Dyal, Stephen D. Young, Amy J. University of Central Florida Student U. S. Security Insurance Company Government Association Safley, Ramon Z. Collins, Linda H. UICI Coates, Richard E. University of Florida Foundation, Inc Johnson, Jennifer B. Fiorentino, Thomas M., Jr. 45 BENT TREE Property Own e rs Assoc I a t i o r7 Palm Beach Gardens, FL 33418 Mr. Leonard V. Ingrando President - Bent Tree POA 169 Bent Tree Dr. Palm Beach Gardens, Fl33418 May 19,2005 Mayor Joseph Russo City Council Members City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, F1. 33410 Dear Mayor Russo & Members of City Council: As requested by the Mayor and Council Members of the City of Palm Beach Gardens the Bent Tree POA met with the Town & Country group on May 3‘d and had a subsequent conference call May 9*. We are pleased to inform you that Bent Tree and Town & Country Homes have come to a final resolution on Southampton and the issues that have been raised. 1. As was mentioned in the meeting of May 3rd, we are pleased that Town & Country Homes restricted the entire perimeter of Southampton to two story buildings. We asked that the stated 29.4 feet roof @ measurement be the maximum height on all the two-story buildings of Southampton and Town & Country Homes agreed. We are also very pleased that Town & Country Homes addressed the repeated “similar design” issue by introducing an improved architectural format for the two story buildings. 2. In a previous meeting Town & Country Homes committed in assisting the Bent Tree Homeowners that live directly across from the lakes to buffer the potential noise from PGA traffic. We have agreed on a mitigation method that will be implemented between the parties that will benefit all 11 Bent Tree Homeowners that border Southampton. 3. We have been given assurances that the irrigation of the “green” areas of Southampton will in no way impact the already problematic, low water level, in the Bent Tree retention pond. Through Town & Country Homes, the City and SFWMD we feel comfortable that this obligation will be met if a re-charge well is needed for the Southampton ponds. 4. Bent Tree asked for some assurance that Town & Country Homes, the future Southampton POA or any other entity representing Southampton would not apply for a zoning change to allow “live/work” use, nor subdivide a unit to allow a portion of it to be rented for residential or business purposes. Town & Country Homes did not have any problems with either of these requests and agreed to work with the City, where necessary, to make this happen. With these requests all being favorably addressed by Town & Country Homes we feel the Bent Tree POA has protected the interests of our residents, which we feel, will make for better all around aesthetics and hopefully, for better neighbors in the future. We would like to thank Town & Country Homes for their patience in these matters and we support their efforts in continuing the necessary approval process. Sincerely, , .a Leonard V. Ingrando cc: Mr. Steve Liller Ms. Eleanor B. Halperin INTEROFFICE MEMORANDUM TO: MAYOR AND COUNCIL FROM: ERNIE CARR. MAJOR SUBJECT: RADIO COMMUNICATIIONS DATE: 511 112005 Interoperable Radio Communications Review Public Safety interoperable radio communications has been an issue in Palm Beach County for over sixteen years. In 2000, Palm Beach Gardens joined with other municipal agencies in the county to form the Municipal Public Safety Communications Consortium. The Municipal Public Safety Communications Consortium (MPSCC) of Palm Beach County is now a legal entity of eleven (1 1) municipalities in the county created under Florida Statute 163.01. The MPSCC also incorporated as a not-for- profit municipal corporation in 2000. The MPSCC’s project includes all facets of municipal communications including both police and fire services. Other agencies, including the Sheriffs Office and the School Board Police have expressed an interest in the MPSCC’s project and are following its progress. The MPSCC is governed by a Board of Directors with each participating agency having one representative and one vote. An Interlocal Agreement among the agencies, Bylaws and Corporate Bylaws governs the operation of the consortium. The overall goal of the MPSCC is to develop the means to connect all of the law enforcement and public safety agencies operating in Palm Beach County under one communications umbrella providing instant direct voice communications and data sharing. Because the MPSCC consists of public safety agencies, it clearly understands the needs of first responders and has taken these concepts into consideration while the project was being planned. The RFP was released to vendors and proposals were received. After a careful review of the submissions, the proposal from MAKOM with its OpenSky technology was selected by all the participating agencies and the MPSCC Board of Directors. The OpenSky system utilizes Voice over Internet Protocol (VoIP) technology with a four channel to one frequency. The Internet Protocol (IP) technology standardizes the interface of the system to any other radio system with a minimum of off the shelf networking equipment required for interoperability . This project will also provide the gateways necessary for an interoperable connection between the MPSCC radio network as well as the Palm Beach County and State of Florida radio networks. The project is anticipated to take 18 months from initial purchase order to system acceptance. In summary, the MPSCC is a well-organized group of public safety agencies that is dedicated to solving the public safety radio interoperability crisis in Palm Beach County. Today we live in an age where agencies must work in a cohesive manner that transcends public safety agencies borders. Interoperable communications is the key to its success. i May 19,2005 Mr Joe Russo Mayor of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens F133410 Dear Mayor: Hopefully at the next City Council meeting of June 02,2005 Ms Christine Tatum, City Attorney, should be able to present the “Kyoto Drive RR crossing settlement”. I believe it is time to close our DOTRalm Beach Gardens case after almost two years since FEC settled their DOTRalm Beach Gardens case. To close ow case I would like you to consider the following: 1) For added safety to the crossing (due to the railroad end of track curve and the SW ramp) the Wayside Horns to be installed and paid for by FDOT, must remain at the Kyoto Drive RR crossing even after a QUIET ZONE is authorized from Hood Road to Lighthouse Drive. Only the system’s horns could be turned off if authorized. I organized 4 petitions (08/09/99-04/18/00-05/2 1/01 -03/27/04) and wrote a lot of letters. I participated at the mediation meeting with DOT, FEC, the City and also at conference calls with Judge Arrington, DOT, FEC, the City in preparation of an Administrative Hearing. The City’s EX Law Firm told me, that by law, I had to attend an interrogatory at their office. It was for me a very stressful meeting. FEC managed not to have an interrogatory. The City saved a substantial amount of money as I accepted to cancel the Administrative Hearing scheduled for September 15 through 19,2003. In their settlement, Fl&da East Coast Railway received from the City the sum of $160.000,00 in compensation. Garden Woods /the only Residential Community in Palm Beach Gardens ta be directly affected by the Kyoto Drive railroad crossing) was not compensated. As the Representative of Garden Woods on that matter I spent a lot of time in the last 5 years trying to find a solution to the Kyoto Drive railroad crossing. I had expenses. Ms Sharon Long and Mr Jim St-Antoine (Garden Woods residents) helped me throughout the difficult process. For all the trouble we had, I would like you to consider a compensation of up to $5.600,00 to be added to the $3.000,00 City grant allocated for a new Garden Woods sign at the entrance of Elm Avenue. I also would like to ask that the City let us have the sign that is planned (copy of the plan attached) and the City to do the maintenance of such sign after installation. City funds should be available at the signing of the settlement and I would like to be the coordinator with the City for the construction of the sign. C Hoping you will be able to approve my request I wish to thank you. Very truly yours, Ro erBlangy 11658 Heek Street Palm Beach Gardens F133410 cc: City Council Ron Ferris, City Manager Christine P. Tatum, City Attorney Bruce R. Conroy, DOT Chief Administrator Law Council Dan Clark, City Engineer Allyson Maiwurm, Executive Assistant to City Manager .. . _. _. PROPOSAL FRGM : Signs Of Progress PhoNE NO. : 56184SW88 Rpr. 14 2835 ~:55Ptl P1 L.. SIGNS OF PROGRESS, INC. PROPOSAL 126 loTH STREET lAKE PARK, FL 33403 561-&45.00&0 April 14,2005 To: Roger Blangy (Garden Woods) 622-3407 Fr: Bill Davlson - Signs of Progress f3elow 18 the revised proposal for the wall latterlng that you requested. Price Price Fd, 2 W aluminum approximately 80" lwrg i4"capr 6" lower ca80 cutout letters to read Oarden Woods with approximetsly 12# x 20" palm tree logo insCsHed on existing wall. $550.00 Subtotal $lt00.00 Salu Tax s_ Subtotal wl safer, tax $lltt.SO Permit Fee $ 150.00 80% Deposit $810.76 Bat. Due on Compldon $610.75 Please feel free to call Hlfth any questions. Thenka $1 100.00 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor, City Council DATE: May 11 , 2005 THROUGH: Ron Ferris, City Manager FROM: SUBJECT: Charles K. Wu, Growth Management Administrator Update on Briger Community Planning Session and ORC Report On April 29, 2005 the City received the Objections, Recommendations and Comments Report (ORC) from the Department of Community Affairs (DCA) pertaining to the transmittal of its #05-01 Comprehensive Plan Amendments. The report included one (1) technical objection associated with the Future Land Use Map amendment (Ordinance 7, 2005)’ and requested that additional data and analysis be provided to address it. The nature of the objection related to traffic, specifically requesting short-range and long-range infrastructure impacts to Interstate-95 and the Florida Turnpike. The report also requested that peak hour and peak direction data be provided consistent with the MPO’s Long Range Transportation Plan and FDOT’s Work Program. There were no additional objections, recommendations, or comments for the other three (3) transmitted amendments. Subsequently on May 9, 2005, at City Council’s direction, the City hosted the Briger Tract Community Planning Session attended by City Council, staff, residents, and members of the business community. During the meeting, a number of issues were discussed in an interactive format relating to the desired and undesired uses and character of the Briger Tract. Some residents specifically suggested that a reduction in the square footage of the research and development should occur as part of the Future Land Use Amendment. Staff is currently collecting and summarizing all the data from this meeting, which will be included in a report and distributed to Council next week prior to the May 19, 2005 City Council meeting. As a result of the one (1) objection contained in the ORC report and the feedback received at the Community Planning Session, staff desires Council direction to move forward as follows in preparation for the adoption of the amendments: 0 Preparation of alternate level of service studies for the Future Land Use Amendment based on 4 million square feet and 6 million square feet of research and development. The original intensities of the remaining uses (e.g. 1000 residential units) will remain the same. 0 Authorization for our traffic consultant to address the technical objection contained in the ORC report, which requires consultation with the Florida Department of Transportation (FDOT) to agree upon a methodology to be used for the necessary calculations. Pursuant to the requirements of Chapter 163, F.S. and Chapter 9J 11.01 1 (3) F.A.C., the City Council has 60 days to adopt the Comprehensive Plan amendments from the time of receipt of the ORC report. Therefore, the last reaularlv scheduled Citv Council meetinq date that is within this specified time period is June 16, 2005. Should you have any questions regarding this, please do not hesitate to contact me at (561) 799-4243. CC: Patricia Snider, City Clerk Christine Tatum, City Attorney Jack Doughney, Community Services Administrator . CITY OF PALM BEACH GARDENS OFFICE OF THE CITY ATTORNEY DATE: May 17,2005 TO: Mayor and City Council C: Ron Ferris, City Manager FROM: RE: Growth Management Analysis Christine P. Tatum, City Attorney Attached is the League of Cities analysis of the recently-adopted Growth Management legislation (SB 360) which will become effective on July 1, 2005. Also attached is a draft of a short magazine article prepared by Rebecca O’Hara at the League that summarizes the bill. The new legislation has long-term fiscal implications for the City. The conclusion section of the magazine article highlights the areas of concern: Conclusion SB 360 contains many significant changes and deadlines for compliance that will require careful review by municipal attorneys and land use planners. Most importantly, the State of Florida has finally engaged to fund its 20-year old Growth Management Act. While the bill provides approximately $1.5 billion in infrastructure funding, one must recognize the limits of this appropriation. First, only $750 million is recurring revenue. Second, almost all of it is earmarked for state or reqional roads. This is significant because the bill failed to provide a dedicated source of revenue for municipal infrastructure, and failed even to provide increased access to existinq local option revenue sources. Third, the implications of mandated school concurrency in the face of a school facility deficit that is projected at nearly $10 billion are disturbing. Fourth, $1.5 billion is a fraction of the total proiected statewide infrastructure deficit, which is estimated to be greater than $35 billion. The mandates and limitations of this bill are of grave concern for municipalities. Over the long term, the new requirements of this bill and the corresponding infrastructure deficit may actually increase sprawl-type development and discourage urban infill because of the expense associated with meeting concurrency in areas with aging infrastructure. Many expect that a “glitch bill” will be filed for the 2006 legislative session. If so, there may be an opportunity to revisit some of the problems associated with this bill. Attach men ts Legislature Passes Growth Management Package In the Final Hour By Rebecca O’Hara The Governor and Legislature’s proposal for growth management reform passed the Legislature minutes before Sine Die. Its passage marked the end of a tumultuous road to reform. Session began with legislative leaders holding markedly different notions about how to accomplish reform. The differences revolved primarily around funding. Neither the House bill, HB 1865 (Johnson), nor the Senate bill, SB 360 (Bennett), gained momentum until Session was winding down. Even at that point, however, the bills needed a lot of work. As a result, at each committee stop both bills were subjected to lengthy, last minute “strike everything” amendments with little opportunity for advance review or input. Finally, the House and Senate appointed a conference committee to resolve differences between the House and Senate bills. The outcome of that conference committee, SB 360, contains 136 pages of new requirements for local government comprehensive plans, and proposes $1.5 billion next year for infrastructure funding. This article will highlight the major features of this legislation. The infrastructure funding provisions of SB 360 are summarized in the Capital Improvements ElementBchedule of Capital Improvements 0 The bill requires that comprehensive plans be “financially feasible.” Financial feasibility means that sufficient revenues are available from committed funding sources for the first 3 years of a 5-year Schedule of Capital Improvements, or will be available from committed or planned funding sources for years 4 and 5 of the 5-year Schedule. Such funds must be adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted levels of service are achieved and maintained within the 5-year period covered by the Schedule. The Capital Improvements Element and Schedule of Capital Improvements must be updated annually through the adoption of a plan amendment, and are subject to compliance review by the Department of Community Affairs. Local governments may not amend their Future Land Use Map until the update is transmitted to DCA, and are subject to sanctions if the update is found not in compliance by DCA. 0 Water Concurrency and Coordination 0 The bill mandates water concurrency statewide, which means that adequate water supplies must be available to serve new development no later than issuance of a certificate of occupancy. Local governments are required to increase coordination with water management districts. The Potable Water sub-element of each comprehensive plan must incorporate water projects, including alternative water supply projects, necessary to meet the needs projected in the water management district’s regional water supply plans. The Potable Water sub-element must include a 10-year work plan for building public, private and regional water facilities. 0 Transportation Concurrency The bill tightens existing transportation concurrency requirements. Transportation facilities (state or local) must be in place or under actual construction within 3 years of issuance of a building permit. It places additional requirements and conditions on existing and proposed transportation concurrency exception areas (urban infill and redevelopment areas), transportation concurrency management areas, and multimodal transportation districts. It requires local governments to use level-of-service standards established by the Florida Department of Transportation (FDOT) for the Strategic Intermodal System and other regional roads that are funded with state dollars. It requires local governments to establish, by ordinance, methodologies for measuring development impacts to transportation facilities. The bill authorizes “proportionate share mitigation” by developers. This will allow a developer to proceed with development even if a transportation facility will not be available at the time of development, so long as the developer pays for its expected proportionate impact to the facility. By December 2005, FDOT is directed to develop model ordinances for assessing proportionate share. By December 2006, local governments must adopt by ordinance methodologies for assessing proportionate share mitigation options. Further, the bill requires proportionate share mitigation to be applied as a credit against impact fees or other exactions. School Concurrency The bill mandates school concurrency on a statewide basis by December 2008. This means that school facilities must be in place or under actual construction within 3 years following development approval. Local governments that have no significant impact on school capacity are exempt. Concurrency is initially applied on a school district-wide basis, but 5 years after implementation, it must be applied on a less than district-wide basis (such as by attendance zones). Local governments must adopt a Public School Facilities Element and must update their interlocal agreements with the school district to reflect new school concurrency requirements. Local governments and school boards are to cooperatively establish level-of- service standards for school capacity. Local governments that fail to implement school concurrency may not adopt plan amendments that increase residential density. The bill authorizes “proportionate share mitigation’’ by developers. This will allow a developer to proceed with development even if school capacity will not be available at the time of development, so long as the developer pays for its expected proportionate impact to school capacity. Further, the bill requires proportionate share mitigation to be applied as a credit toward payment of an impact fee or other exaction. A local government may adopt a 10 or 15-year long-term concurrency management system where significant backlogs in school capacity are present. Plan Amendment Streamlining Local governments are encouraged to develop a community vision and adopt it into the comprehensive plan. The bill sets forth a process and requirements for establishing a community vision. Local governments are encouraged to establish an Urban Services Boundary (USB) and incorporate it into the plan. The bill provides requirements and procedures for establishing an USB. Development outside of an USB is permitted, but is encouraged to undergo a fiscal impact analysis. If a local government has adopted a community vision and a USB, then plan amendments to the Future Land Use Map for property located within the USB are exempt fiom DCA review. The elimination of DCA review does not apply if the area is within an Area of Critical State Concern or is an amendment that would increase density within the Coastal High Hazard Area. A Future Land Use Map amendment in a designated urban infill or redevelopment area is exempt from DCA review unless the amendment is for property located in an Area of Critical State Concern or would increase density in the Coastal High Hazard Area. Developments of Regional Impact @RI) Exemptions A proposed development is exempt from the DRI process if it is located within an adopted USB and the local government has entered a binding agreement with adjacent jurisdictions and FDOT regarding mitigation of impacts to transportation facilities, and it has adopted proportionate share methodology for transportation impacts . A proposed development is exempt from the DRI process if it is located in a rural stewardship area and the local government has entered a binding agreement with adjacent jurisdictions and FDOT, and has adopted a proportionate share methodology. A proposed development is exempt fiom the DRI process if it is within a designated urban infill and redevelopment area and the local government has entered a binding agreement with adjacent jurisdictions and FDOT, and has adopted a proportionate share methodology. Evaluation and Appraisal Reports (EARS) The bill adds new requirements to the EAR process to reflect new provisions relating to water, schools, and transportation. In addition, it provides that failure to adopt and transmit EAR-based amendments shall prohibit a local government from further amending its comprehensive plan until the EAR-based amendments are adopted and transmitted. Commissions and Studies The bill authorizes several commissions and studies, including the following: A 15- member Century Commission to review and make recommendations for long-term state growth policies; a School Concurrency Task Force to make recommendations on school concurrency processes and school funding; an Impact Fee Review Task Force to make recommendations for statutory changes on impact fees; and a study of the boundaries of regional agencies such as water management districts, FDOT districts, and regional planning councils. Conclusion SB 360 contains many significant changes and deadlines for compliance that will require carehl review by municipal attorneys and land use planners. Most importantly, the State of Florida has finally engaged to fund its 20-year old Growth Management Act. While the bill provides approximately $1.5 billion in infrastructure funding, one must recognize the limits of this appropriation. First, only $750 Million is recurring revenue. Second, almost all of it is earmarked for state or regional roads. This is significant because the bill failed to provide a dedicated source of revenue for municipal infrastructure, and failed even to provide increased access to existing local option revenue sources. Third, the implications of mandated school concurrency in the face of a school facility deficit that is projected at nearly $10 billion are disturbing. Fourth, $1.5 billion is a fraction of the total projected statewide infrastructure deficit, which is estimated to be greater than $35 billion. The mandates and limitations of this bill are of grave concern for municipalities. Over the long term, the new requirements of this bill and the corresponding infrastructure deficit may actually increase sprawl-type development and discourage urban infill because of the expense associated with meeting concurrency in areas with aging infrastructure. Many expect that a “glitch bill” will be filed for the 2006 legislative session. If so, there may be an opportunity to revisit some of the problems associated with this bill. Analysis of SB 360 Growth Management (Final) Summary The bill strengthens transportation concurrency requirements, creates a requirement that comprehensive plans be financially feasible, and establishes concurrency requirements for school facilities and water supply. It provides for proportionate-share mitigation (pay-as-you-go) to ensure that current development is not constrained by, or assessed for, impacts related to backlogs and facilities deficits. Analvsis by Relevant Section Section 1. Requires Plans to be Financially Feasible. Financially Feasible means that sufficient revenues are currently available or will be available from committed funding sources for the first 3 years of a 5-year schedule of capital improvements, or will be available from committed or planned funding sources for years 4 and 5 of the 5-year schedule. Such funds must be adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted LOS are achieved and maintained within the 5-year period covered by the schedule. (p. 1-2) Section 2. Required and Optional Elements of Comp Plan Capital Improvements Element Comprehensive plan must include a 5-year schedule of capital improvements necessary to ensure that adopted LOS are achieved and maintained. Schedule must reflect any interlocal agreements or development agreements relating to funding sources. If the revenue sources require referenda or other actions, the plan must identify other existing revenue sources that will be used in the event the referenda are not passed or action is not taken. The 5-year schedule must include transportation improvements included the applicable MPO transportation improvement program to the extent such improvements are relied upon to ensure concurrency and financial feasibility. The schedule must be coordinated with the applicable MPO’s long-range transportation plan. (p. 3) Local government must review CE annually to maintain and update the FF 5-year schedule. The annual update to the schedule must be done by plan amendment. Plan amendments to implement the requirements of this section are due by December 2007. A local government may not amend its Future Land Use Map until the annual update is transmitted to DCA. Provides for Administration Commission sanctions if local government fails to adopt the update or update is found not in compliance. If local government adopts a long-term concurrency management system, it must also adopt a long-term schedule of capital improvements covering up to a 10 or 15-year period. The long-term schedule must be financially feasible. (p. 4-5) Potable Water Element The potable water element must incorporate alternative water supply projects selected by the local government from those identified in a regional water supply plan within 18 months after the WMD updates its RWSP. The element must identify all water projects FLC Page 1 511 712005 C:Documents and Settings\ctatum\Local Settings\Temporary Internet Files\OLK49DA\GMfinalbillsumrnary2005 (2).doc necessary to meet the water needs projected in the RWSP for the local government’s jurisdiction. The element must include a work plan, covering a 10-year period, for building public, private and regional water supply facilities necessary to serve existing and new development. Local governments and other entities are encouraged to cooperative plan for the development of multijurisdictional water supply facilities. (p. 9) Rural Land Stewardship Areas Plan amendments designating a RLSA must include a process for implementing innovative planning strategies that provide for a mix of land uses, including work-force housing and low income housing for the development anticipated in the receiving area. At the time of designation, a listed species survey is required. If listed species are present, the developer shall coordinate with appropriate government entities to ensure adequate provisions for protection. A local government shall, by ordinance, establish methodologies for transferable land use credits (“stewardship credits”). (p. 16-1 7) Public School Facilities Element Each county and municipality must adopt a PSF element and a public school interlocal agreement. The PSFE must be consistent with those adopted by other local governments within the county. Certain counties (and municipalities within them) are exempt if it meets criteria showing it has no significant impact on school attendance. A municipality in a non-exempt county is exempt if it meets criteria showing it has no significant impact on school attendance. The ILA shall be submitted as supporting data and analysis for the PSFE. The bill sets forth required objectives and policies for the PSFE. It provides a phased schedule for adoption of the PSFE and updates to the ILA’s, but all local governments must have adopted the element and updated the ILA by December 2008. If a local government fails to adopt the element or enter the ILA, then it may not adopt plan amendments that increase residential density. It provides for sanctions by Administration Commission for school boards that fail to enter an ILA or to implement concurrency. (p. 22-26) Visioning Local governments are encouraged to develop a community vision. The bill sets forth a process for developing and adopting a community vision, including public meetings with stakeholders, required topics for discussion at the public meetings, and required strategies for addressing the required topics. A local government must incorporate its community vision into the comprehensive plan. (p. 26-28) Urban Service Boundary Local governments are encouraged to designate an Urban Service Boundary. The area within the boundary must be appropriate for compact, contiguous urban development within a 10-year planning timeframe. The USB must be identified on the FLUM of the comp plan. The bill sets forth the process for establishing the USB, including public meetings and workshops with stakeholders. Requires local government to include USB in comp. Plan via plan amendment. Does not prohibit development outside of USB, but encourages fiscal impact analysis for such development. (p. 29-30) FLC Page 2 511 712005 (XDocuments and Settings\ctatum\Local Settings\Temporary Internet Files\OLK49DA\GMfinalbillsummary2005 (2).doc Section 4. Public Schools Interlocal Agreement (ILA). Requires the ILA between local government and school district to be amended to address new school concurrency requirements set forth in 163.3 180( 13)(g). Removes requirement that ILA be consistent with comp plan and LDRs (probably because ILA is now required data & analysis to support Public School Facilities Element). (p. 3 1) Section 5. Concurrency. Water - Amends 163.3180 to require that adequate water supplies be available to serve new development no later than issuance of c/o by local government. Requires local government to consult with applicable water supplier to determine whether water will be available at time of c/o. (p. 34) Parks and Recreation facilities - changes time at which facilities must be available from issuance of c/o to no later than local government’s approval to commence construction. (p. 35) Tranmortation - Changes time at which transportation facilities must be available from 5 years to 3 years. Now, all transportation facilities needed to serve new development must be in place or under construction within 3 years after approval of building permit or functional equivalent that results in traffic generation. (p. 35) Transportation Concurrency Exception Areas for Urban Infill, Redevelopment, Downtown Revitalization - adds new requirements for exception areas: 1) local government must adopt guidelines in comp plan for establishing exception areas; 2) must adopt into comp plan strategies to support and fund mobility, strategies to support purpose for exception, as well as address urban design and land use issues; and 3) Consult with FDOT to assess impact to Strategic Intermodal System (SIS) level-of-service and other state funded roadways, and to develop a plan to mitigate any impacts to such roadways. Existing exception areas must meet these new requirements by July 2006 or by next EAR update. (p. 37-38) De Minimus Exception - adds a reporting requirement to DCA. Prohibits additional de minimum exceptions if DCA determines that 110 percent criterion has been exceeded. (p. 39) Transportation Concurrency Management Areas - adds new requirements for TCMAs: local government must consult with FIIOT to assess expected impact to SIS and other state-funded roadways, and develop a plan to mitigate impacts to SIS. Existing TCMA must comply with this requirement by July 2006 or next EAR update. (p. 40) Level-of-Service (LOS) - Local government must adopt FDOT established LOS for SIS, Florida Interstate Highway System, and any roadways funded in whole or part with state money. For all other roads, local government shall consider FLC Page 3 511 712005 C::\Documents and Settings\ctatum\Local Settings\Temporary Internet Files\OLK49DA\GMfinalbillsummary2005 (2).doc compatibility with LOS of adjacent jurisdictions, and must use professionally accepted methodologies to measure impacts to LOS. All local governments must implement a concurrency management system. Local governments encouraged to use common methodologies for measuring impacts to LOS. (p. 42) Multimodal Transportation Districts - adds new requirements for such Districts: local government must consult with FDOT to assess impact of district on SIS and state-funded roadways, and must develop a plan to mitigate impacts to SIS. Existing Districts must meet new requirements by July 2006 or next EAR update. (p. 53-54) Authorizes Proportionate Share Mitigation for Transportation Concurrency. By December 2005, FDOT shall develop model transportation concurrency management ordinance with methodologies for assessing prop share mitigation options. By December 2006, local governrrients shall adopt by ordinance methodologies for assessing prop share mitg options. Requires prop share mitig to be applied as credit toward impact fees or other exactions. Prop share mitig on the SIS requires DOT’S concurrence. Authorizes development to proceed even if funds are insufficient to fully fund construction of a transportation improvement if developer has entered a binding prop share mitg agreement and the prop share in the agreement is sufficient to pay for one or more improvements that will, in the opinion of the local government, significantly benefit the impacted transportation system. The improvements funded by a prop share mitg agreement must be adopted into the 5-year schedule of CIE. (p. 55-57) Mandates School Concurrency Statewide - Allows local government to develop a long-term concurrency management system, with a planning period of up to 10 years, for school facilities for areas where significant backlog exists. May include interim LOS standards for certain facilities. System must be designed to correct existing deficiencies and be financially feasible. If 10-year period is not sufficient to address backlog, allows local government to develop a plan and long-term schedule of capital improvements covering up to a 15-year period. Local government may issue development orders, notwithstanding concurrency requirement, in areas subject to a long-term concurrency management system. Local government periodically evaluate the long-term concurrency management system, including progress toward improving LOS. (p. 41) A local government Public School Facilities Elements within a county must be consistent with each other. (p. 43) School Board and local government to cooperatively establish LOS for school concurrency, and LOS standards shall be incorporated into the comp plan Capital Improvements Element. (p. 44) FLC Page 4 511 712005 C:\Documents and Settings\ctatum\local Settings\Temporary Internet Files\OLK49DA\GMfinalbillsummary2005 (2). doc Encourages local governments to apply concurrency initially on a district-wide basis. Five years after adoption of school concurrency, local governments shall apply concurrency on a less than district-wide basis (such as by attendance zones or concurrency service areas). Service area boundaries are to be used as supporting Data & Analysis - not as part of the plan itself. Development impacts may be shifted to contiguous service areas if it would otherwise require a development permit to be denied. (p. 45 - 46) Capital Improvements Element shall contain a financially feasible public school capital facilities program established in conjunction with the school board. (p. 46) Proportionate Share Mitigation - School concui~ency is satisfied if a developer does prop. Share mitigation. Local government shall establish prop share mitig options in the Public School Facilities Element and in the Public School ILA. The bill describes potential mitigation options, and specifies that use of mitg options must be accomplished through a binding development agreement. If developer exercises prop share mitg, the local government shall provide a credit toward any impact fee or exaction imposed for the same need. (p. 47-48) Interlocal Agreement for School Concurrency - Specifies requirements to be included in the ILA. (p. 51 - 52) Creates a School Concurrency Task Force to make recommendations for streamlining concurrency procedures, to review funding and process for school construction, and to make recommendations for any statutory revisions. Specifies membership (including one FLC rep), report due by December 2005 (p. 121) Section 6. Plan Amendment Process Visioning and Urban Service Boundary - If a local government does the community vision and establishes an USB, then plan amendments to the Future Land Use Map for property located within the USB may not be reviewed by DCA. The elimination of DCA review does not apply if the area is within an Area of Critical State Concern or is an amendment that would increase density within the Coastal High Hazard Area. (p. 58) Urban InfilURedevelopment - A Future Land Use Map amendment in a designated urban infill or redevelopment area is not subject to DCA review, except if the amendment applies to property located in an Area of Critical State Concern or would increase density in the Coastal High Hazard Area. (p. 58-59) Section 7. Amendments to Adopted Comp Plan The small scale amendment threshold in Rural Areas of Critical Economic Concern is increased from 10 acres to 20 acres. (p. 62) FLC Page 5 5/17/2005 (::\Documents and Settings\ctatum\Local Settings\Temporary Internet Files\OLK49DA\GMfinalbillsummary2005 (2).doc Section 8. Evaluation and Appraisal Reports Counties and Cities that are exempt from requirements to have a Public School Facilities Element or Public Schools ILA must, in their Evaluation and Appraisal Report (EAR), evaluate whether they are still exempt. (p. 67) In the EAR, local governments shall evaluate their success in identifying water projects to meet the needs projected in the applicable water management district RWSP and the degree to which the local government has implemented the water project work plan. (p. 68) In the EAR, a local government shall assess the extent to which TCEA, TCMA or MTD have achieved their purpose and whether these areas otherwise comply with transportation concurrency requirements. Local government must also assess whether changes are needed to its methodology for measuring impacts on transportation facilities. (p. 69) Failure to adopt and transmit EAR-based amendments shall prohibit a local government from further amending its conip plan until the EAR-based amendments are adopted and transmitted. Local government must provide copies of its updated plan to DCA and agencies designated by rule. (p. 70) Section 10. OPPAGA Study Directs OPPAGA to conduct a study of adjustments to boundaries of regional planning councils, water management districts, and DOT districts. (p. 72) Section 11. Century Commission Establishes the Century Commission for a Sustainable Florida, a 15-member standing body to help citizens envision and plan their collective future over a 25 and 50-year horizon. Describes powers and duties of commission. (p. 72 - 76) Section 12. TRIP Creates the Transportation Regional Incentive Program (TRIP) within FDOT to provide funds to regionally significant transportation facilities within regional transportation plans. Provides a 50% match of project costs. Funding, to be allocated to FDOT districts based partly on population and partly on motor fuel collections. Provides criteria for projects to be funded, and gives priority to specified projects. (p. 76-77) Sections 17,38,39. Developments of Regional Impact. Three exemptions are provided from DRI requirements: 1) proposed developments located within an adopted USB and the local government has entered a binding agreement with adjacent jurisdictions and FDOT regarding mitigation of impacts to transportation facilities, and has adopted prop share methodology. (p. 80) FLC Page 6 5/17/2005 (?\Documents and Settings\ctatum\local Settings\Temporary Internet Files\OLK49DA\GMfinalbillsummary2005 (2).doc 2) proposed developments located in rural stewardship areas if the local government has entered a binding agreement with adjacent jurisdictions and FDOT, and has adopted prop share methodology. (p. 81) 3) proposed developments within designated urban infill and redevelopment areas if the local government has entered a binding agreement with adjacent jurisdictions and FDOT, and has adopted prop share methodology. (p. 81) Authorizes a landowner that has filed an application for DRI review prior to the adoption of a sector plan to continue to have the application reviewed under the DRI process. (p. 129) Grandfathers from the provisions of this Act DFUs for which a development order has been issued or for which an application has been submitted prior to May 2005. (p. 130) Section 21. Regional transportation plans. Authorizes creation of regional transportation plans by 2 or more Metropolitan Planning Organizations (MPOs) or other local or regional government entities through adoption of an interlocal agreement (ILA). The ILA must delineate the boundaries of the plan and provide a process for development of regional transportation plan. The plan must identify regionally significant transportation facilities within the area and have a prioritized list of projects for such facilities (these are the projects that will be funded under the new TRIP program). The LOS for such facilities must be adopted by the appropriate local governments and the plan’s projects must be incorporated into the appropriate local government’s capital improvements schedule. (p. 86-87) Sections 23 - 29. Funding (roads, schools, water, technical assistance) Recurring Funds (from state doc stamps) Local Government Technical Assistance - $3,000,000 annually New Starts Transit Program - $54,175,000 Small County Outreach Program - $27,087,500 Strategic Intermodal System - $345,365,625 Transportation Regional Incentive Program - $1 15,120,875 Water Protection and Sustainability Program Trust Fund - $100,000,000 Classroom for Kids Program - $75,000,000 High Growth County District Capital Outlay Assistance Grant Program - $30,000,000 Non-recurring funds Classrooms for Kids Program - $41,750,000 High Growth County District Capital Outlay Assistance Grant Program - $30,000,000 Strategic Intermodal System - $200,000,000 Transportation Regional Incentive Program - $275,000,000 State funded Infrastructure Bank - $100,000,000 Small County Outreach Program - $25,000,000 Water Protection and Sustainability Program Trust Fund - $100,000,000 FLC Page 7 C:\Documents and Settings\ctatum\local Settings\Temporary Internet Eiles\OLK49DA\GMfinalbillsummary2005 (2).doc 511 712005 Section 31. Impact Fee Task Force Creates an Impact Fee Task Force of 5 voting members to make report and recommendations by February 2006. Of the five members, one shall be a member of county commission and one shall be member of city council or commission. Task Force shall review the use of impact fees as a method of hnding infrastructure. Specifies scope of the study -- the review shall include, among other things -- local government methodologies and criteria for determining amount of impact fee, application of impact fees and effect of impact fees on different areas of the state. Recommendations should address impact fees and affordable housing. (p. 122-125) FLC Page 8 C :Documents and Settings\ctatum\Local Settings\Temporary Internet Files\OLK49DA\GMfinalbillsumrnary2005 (2).doc 511 712005 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Councilmember Jody Barnett DATE: May 17,2005 FROM: Ron Ferris, City Manag SUBJECT: Transportation Funding In response to your email dated Monday, May 9, 2005, I have contacted the City’s lobbyist, Jordan Connors, and offer the following: “7 plus million for PGA West of Turnpike” $7,776,190 SR-786(PGA Boulevard) @ SR-81 IIFEC RR W of 1-95 to Fairchild This project is listed as a right-of-way (ROW) acquisition project in the state budget which is being presented to the Governor for approval. However, Fairchild is EAST, not West of this intersection, therefore, the City’s lobbyist, Jordan Connors, is contacting the Florida Department of Transportation District Four’s Office to clarify if this is merely a typographical error, or if the project is incorrectly named. “3.5 million for Transit” Mr. Connors has advised that this amount is allocated to Palm Tran for its operating budget and that it is the same amount that was allocated last year. CITY OF PALM BEACH GARDENS OFFICE OF THE CITY ATTORNEY DATE: May 17,2005 TO: Mayor and City Council C: Ron Ferris, City Manager FROM: RE: Comprehensive Plan Amendment Process Christine P. Tatum, City Attorney Councilmember Valeche has requested that I provide you with a memorandum outlining the options available to the Council regarding the four proposed Comprehensive Plan amendments that comprise Round 1 of 2005. These four amendments are: Ordinance 7, 2005 - Future Land Use Map (FLUM) Amendment for the 708.14-acre Briger parcel. Ordinance 4, 2005 - Text Amendment to the Future Land Use Element relating to publichnstitutional uses in the MXD designation. Ordinance 8, 2005 - Text Amendment to the Capital Improvements Element. Ordinance 9, 2005 - Text Amendment to the Conservation Element. All four amendments were transmitted to the Department of Community Affairs after the public hearings on February 17-18, 2005. The Department of Community Affairs issued its Objections, Recommendations, and Comments (ORC) Report on April 29, 2005. Section 163.3184, Florida Statutes, provides that the City has 60 days from receipt of the ORC Report to adopt the amendments, adopt the amendments with changes, or determine that it will not adopt the amendments. The statute further provides that the adoption of the proposed plan, or plan amendment, or the determination not to adopt a plan amendment be made in the course of a public hearing. State law limits the City’s opportunities to amend the Comprehensive Plan to two times during a calendar year. Round 2 of 2005 will most likely be transmitted in July or August and adopted in September or October. Mayor and City Council May 16,2005 Page 2 of 3 Options Available to the Council 1. Schedule Adoption Hearings for all four amendments as transmitted for June 16, 2005. This date is the last regularly scheduled City Council Meeting within the 60-day requirement of the Florida Statutes. However, in order to be prepared to adopt the FLUM amendment on that date, additional staff and consultant time will be necessary to address the traffic-related issues raised in the ORC Report. Estimates for the consultant’s additional work are approximately $1 5,000 -$20,000 to address the ORC Report objection. 2. Schedule Adoption Hearings for all four amendments for June 16, 2005, including an alternate analysis at a lower square footage. This date is the last regularly scheduled City Council Meeting within the 60-day requirement of the Florida Statutes. However, in order to be prepared to adopt the FLUM amendment on that date, additional staff and consultant time will be necessary to address the traffic-related issues raised in the ORC Report. Estimates for the consultant’s additional work are approximately $25,000 -$30,000 to address the ORC Report objection, including an alternate analysis at a lower square footage. 3. Do not schedule Adoption Hearings until DCA sends written notification that the 60 days have elapsed. This date would be outside the 60-day requirement of the Florida Statutes, but it would not be an unusually long delay between the ORC Report and adoption. However, in order to be prepared to adopt the FLUM amendment after the DCA notice is received, additional staff and consultant time will be necessary to address the traffic-related issues raised in the ORC Report. Estimates for the consultant‘s additional work are approximately $25,000-$30,000 to address the ORC Report objection, including an alternate analysis at a lower square footage. 4. Schedule Adoption Hearings for Ordinance 4, 2005, Ordinance 8, 2005, and Ordinance 9,2005 for June 16,2005, and defer the FLUM amendment (Ordinance 7,2005). No additional staff or consultant work is necessary prior to adoption of these three amendments. '* -i Mayor and City Council May 16,2005 Page 3 of 3 I Deferring the FLUM to Round 2 would place the adoption well outside the 60-day window, and might necessitate that the proposed amendment be transmitted again with the other Round 2 amendments in the summer. In order to be prepared to adopt the FLUM amendment as part of Round 2, additional staff and consultant time will be necessary to address the traffic-related issues raised in the ORC Report. Estimates for the consultant's additional work are approximately $25,000 -$30,000 to address the ORC Report objection, including an alternate analysis at a lower square footage. Deferring the FLUM indefinitely would necessitate that the proposed amendment be transmitted again and would essentially require the process to start over again. Additional staff and consultant time will be necessary to address the traffic-related issues raised in the ORC Report and would also be necessary to update the data and analysis to support the amendment. Estimates for the consultant's additional work are approximately $25,000 -$30,000 to address the ORC Report objection, including an alternate analysis at a lower square footage, and additional costs to update the data and analysis. PLEASE NOTE: The newspaper advertisements for all four amendments must be sent out on May 27'h to comply with notice requirements. The individual certified mail notices for the FLUM must be sent out on May 27'h, at an estimated cost of $7,000.00. Because of mail delivery issues in San Michele, staff would also be preparing and delivering additional individual notices to that neighborhood. Attest: CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Congress of the United States of America has designated the week of May 15th of each year to be ''Police Memorial Day," and; WHEREAS, The law enforcement officers are our guardians of life and property, defenders of the individual right to be free men, warriors in the war against crime and dedicated to the preservation of life, liberty and the pursuit of happiness, and; WHEREAS, The City of Palm Beach Gardens desires to honor the valor, service and dedication of its own police officers, and; WHEREAS, it is known that every 60 hours an American Police Officer will be killed in the line of duty somewhere in the United States and 351 officers will be seriously assaulted in the performance of their duties, our community joins with other cities and towns to honor all peace officers everywhere, and,· NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 15th to May 21•t to be Police Week and call upon all our citizens in this community to especially honor and show our sincere appreciation for the police officers of this city by deed, remark and attitude. We call upon them to show their thanks to our men and women who make it possible for us to leave our homes and family in safety each day and to return to our homes knowing they are protected by men willing to sacrifice their lives if necessary, to guard our loved ones, property and government against all who would violate the law. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 19th day of May in the year Two Thousand and five. / /// -~·,· ··.. ._.c/ Attest: ----------------------------------:------ CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Congress of the United States of America has designated the week of May 15th of each year to be 'Police Memorial Day," and; WHEREAS, The law enforcement officers are our guardians of life and property, defenders of the individual right to be free men, warriors in the war against crime and dedicated to the preservation of life, liberty and the pursuit of happiness, and; WHEREAS, The City of Palm Beach Gardens desires to honor the valor, service and dedication of its own police officers, and; WHEREAS, it is known that every 60 hours an American Police Officer will be killed in the line of duty somewhere in the United States and 351 officers will be seriously assaulted in the performance of their duties, our community joins with other cities and towns to honor all peace officers everywhere, and; NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 15th to May 21st to be Police Week and call upon all our citizens in this community to especially honor and show our sincere appreciation for the police officers of this city by deed, remark and attitude. We call upon them to show their thanks to our men and women who make it possible for us to leave our homes and family in safety each day and to return to our homes knowing they are protected by men willing to sacrifice their lives if necessary, to guard our loved ones, property and government against all who would violate the law. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 19th day of May in the year Two Thousand and fi . ?&: Patricia Snider, CMC, City Clerk