Agenda 07-19-05
The City of
nt n Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
JULY 19, 2005
Jerry Taylor
Mayor
At Large
DISTRI T I
Bob Ensler
Commissioner
District I
Mack McCray
Vice Mayor
District II
Mike Ferguson
Commissioner
District III
Carl McKoy
Commissioner
District IV
Kurt Bressner
City Manager
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
GENERAL RULES & PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
· Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
'-iolidaysfElection Day).
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
July 19, 2005
I. OPENINGS:
6:30 P.M.
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Reverend Randall Gill - 1st Presbyterian Church
C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY &: SPECIAL EVENTS, &: PRESENTATIONS:
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
None
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
Agenda
Regular Commission Meeting
Boynton Beach, FL
July 19, 2005
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 (3)
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 (3)
I Ensler Cemetery Board Alt 1 yr term to 4/06 (3)
I Ensler Code Compliance Board Alt 1 yr term to 4/06 (3)
III Ferguson Education Advisory Board Alt 1 yr term to 4/06 (3)
Mayor Taylor Education Advisory Board Reg 1 yr term to 4/06 (3)
III Ferguson Education Advisory Board Alt 1 yr term to 4/06 (3)
II Ensler Education Advisory Board Stu 1 yr term to 4/06 (2)
I Ensler Library Board Alt 1 yr term to 4/06 (3)
II McCray Library Board Alt 1 yr term to 4/06 (3)
II McCray Senior Advisory Board Alt 1 yr term to 4/07 (3)
Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 (3)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Agenda Preview Meeting - July 1, 2005
2. Regular City Commission Meeting- July 5, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
1. Approve the award of Bid for the "ANNUAL CONTRACT FOR MEDICAL
AND DRUG SUPPLIES", Bid #049-1412-05jJA, to various vendors with an
estimated annual expenditure of $110,000.
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Agenda
Regular Commission Meeting
Boynton Beach, FL
July 19, 2005
2. Approve the award of a one (1) year contract for "PENSION
CONSULTING SERVICES", RFP #037-141O-0SjJA, to The Segal Company
of Atlanta, GA, with an estimated expenditure of $46,500 with the option
to renew the contract, at the same terms, conditions, and prices, for
three (3) additional one (1) year periods subject to vendor acceptance,
satisfactory performance and determination that the renewal will be in
the best interest of the City. (Proposed Resolution No. R05-121)
3. Approve a "piggy-back" bid of Florida Atlantic University (FAU),
Agreement No. DPE 92, to asphalt overlay via resurfacing a portion of
North Circle Drive (a.k.a NE 17th Avenue) and a portion of South Circle
Drive (f.k.a. NE 16th Drive) from NE 3rd Court westward to the Four Sea
Suns Condominium, Inc., development line covering approximately
61,244 square feet, to the firm of Driveway Maintenance, Inc. with an
estimated expenditure in the amount of $26,947.36 plus an owner's
contingency of 15% in the amount of $4,042.64 for a total project
budget appropriation of $30,990.00.
Approve a Right-of-Way Improvement and Abandonment Agreement
between the City and the Four Sea Suns Condominium, Inc., to allow the
resurfacing work noted above to be implemented and completed prior to
the transfer of the ownership of the right-of-ways noted above, and the
future maintenance responsibility to be assumed by said Four Sea Suns
Condominium, Inc. (Proposed Resolution No. R05-122)
4. Approve motion to negotiate a contract with each of the four firms for
the "LANDSCAPE ARCHITECT CONSULTANT SERVICES", RFQ #040-
2730-0SjOD, to four firms: GLAmNG JACKSON; RMPK GROUP; PBS&J;
and LAND STEWARDSHIP.
C. Resolutions:
1. Proposed Resolution No. ROS-096 RE: Ratifying the
action of the South Central Regional Wastewater Treatment & Disposal
Board. Motion to keep this item on the table until August ~
2005.
a. Authorization for the Chairman to sign the interlocal agreement
for the delivery and use of reclaimed water with Boynton Beach,
effective as of October 1, 2005. (Tabled to 7/19/05)
b. Assignment Agreements for the following golf courses: Delray
Dunes Golf and Country Club, Country Club of Florida, Hunters
Run Golf and Racquet Club, Pine Tree Golf Club and Quail Ridge
Country Club.(Tabled to 7/19/05)
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Agenda
Regular Commission Meeting
Boynton Beach, FL
July 19, 2005
2. (Intentionally left blank)
3. Proposed Resolution No. R05-123 RE: Approving the
Winning Awards agreement between the City of Boynton Beach and
BellSouth to offset the cost of installation and other start-up cost for new
services while applying a 15% savings towards the monthly BellSouth
bill.
D. Ratification of Planning and Development Board Action
1. Quantum Park &. Village South Commercial (MSPM 05-003)
Request for Master Site Plan Modification approval for the construction of
a Mixed-Use development consisting of an additional 115 multi-family
dwelling units (for a total of 349 dwelling units) and 71,708 square feet of
commercial/office space on a 26.165 acre-Mixed Use POD in the Planned
Industrial Development (PID) zoning district. (Tabled to 07/19/05)
2. Arbolata (a.k.a. Carriage Pointe) (MSPM 05-006) Request for Major
Site Plan Modification to construct a recreation area for an approved
townhome project, to include a pool, cabana/pavilion and play area with
multi-activity play apparatus.
3. Bethesda Hospital (MSPM 05-005) Request for Major Site Plan
Modification to construct a four-story, 86,167 square foot addition to the
hospital, to accommodate a Comprehensive Heart Center.
4. Bethesda Hospital Comprehensive Heart Center (HTEX 05-005)
Request for Height Exception approval of 8 feet-11 inches to
accommodate elevator equipment and stair tower components on the
roof at a height of 68 feet-11 inches in the Public Usage (PU) zoning
district.
E. Ratification of CRA Action:
None
F. Approve donation from State Forfeiture Funds in the amount of $1,000 to Florida
Missing Children's Day.
G. Approve a $500 donation to the Palm Beach County Association of Chiefs of
Police, Inc. Scholarship Fund from the department's law enforcement trust fund.
H. Accept the written report to Commission of purchases over $10,000 for the
month of June, 2005.
4
Agenda
Regular Commission Meeting
Boynton Beach, FL
July 19, 2005
1. Authorize the Utilities Department to turn over $63,461.75 in unpaid Utility and
Refuse billings to the City's collection agency, and authorize the Finance
Department to reduce the Allowance for Uncollectible Account by that same
amount.
J. Approve the recommendations for Community Development Block Grant funding
activities in preparation of the City's One Year Action Plan for FY 2005-2006.
K. Approve Re-Adoption of Resolution ROS-099 requiring that wind load design
standards for any and all future essential municipal buildings and structures be
designed according to Exposure C of the American Society of Civil Engineers
(ASCE) publication titled, Minimum Design Loads for Bui/dings and Structures,
ASCE 7-98.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
A. Authorize the reduction of liens on the property identified as Lot 65, Block 21,
Rolling Green Ridge First Addition, PCN 08 43 45 16 01 021 0650 located at
2071 NW 2nd Street. This property currently has lot mowing fees owing in the
amount of $1605.60.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission
A. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
KNOLLWOOD II (LUAR 05-006)
Chip Bryan, Julian Bryan & Associates, Inc.
Zygmunt Jadczak
Between Lawrence Road and Military Trail approximately
700 feet south of LWDD Canal L-20
Request to amend the Comprehensive Plan Future Land
Use Map from MR-S Single-family Residential (Palm Beach
County) to LDR Low Density Residential. (1st reading of
Proposed Ordinance No. 05-037)
Request to rezone from AR-Agricultural Residential (Palm
Beach County) to PUD Planned Unit Development. (1st
reading of Proposed Ordinance No. 05-038)
1. KNOLLWOOD II (ANEX 05-002) Request to annex :f: 5.5 acres of land
to be reclassified and rezoned for development as part of the Knollwood
PUD. (1st reading of Proposed Ordinance No. 05-039)
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Agenda
Regular Commission Meeting
Boynton Beach, FL
July 19, 2005
XI. NEW BUSINESS:
A. Appointment of two representatives to attend the International Downtown
Association 51st Annual Conference in Denver, CO., September 10-13, 2005.
B. Discussion of Police Department Command Structure - Requested by
Commissioner Mike Ferguson.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 05-030 RE: Requesting
abandonment of a portion of Railroad Avenue, approximately 30 feet by
77 feet, immediately north of SE 5th Avenue South, west of Lot 11, Block
B of Pence Subdivision and east of the Florida East Coast Railroad right-
of-way.
2. Proposed Ordinance No. 05-031 RE: Requesting
amendment of the Land Development Regulations, Chapter 2.5 Planned
Unit Development, Section 9.D Commercial Standards, to allow
commercial uses to front on exterior or perimeter streets, when such
locations are consistent with adopted redevelopment plans.
3. Proposed Ordinance No. 05-032 RE: Amending the
Comprehensive Plan Future Land Use Map from Local Retail Commercial
and High Density Residential to Special High Density Residential.
(Peninsula @ Boynton Beach)
4. Proposed Ordinance No. 05-033 RE: Rezoning from C-3
Community Commercial District and R-3 Multiple family Dwelling District
to IPUD Infill Planned Unit Development. (Peninsula @ Boynton Beach)
a. Peninsula At Boynton Beach (NWSP 05-013) Request for
New Site Plan approval to construct 30 town homes and 40
condominium units on a 3.S1-acre parcel.
S. Proposed Ordinance No. 05-034 RE: Approving proposed
modifications to Land Development Regulations (LDR) relative to
residential district building setbacks, and regulations for fences, walls,
and sheds.
6. Proposed Ordinance No. 05-035 RE: Amending Chapter
15, Entitled, "Offenses Miscellaneous," of the City of Boynton Beach Code
of Ordinances, to create Article X, entitled "Sex Offender Residency
Prohibition"; prohibiting Sexual Offenders and Sexual Predators convicted
7
Agenda
Regular Commission Meeting
Boynton Beach, FL
July 19, 2005
of Crimes under certain Florida Statutes from living within a specified
distance within the City of Boynton Beach.
7. Proposed Ordinance No. 05-036 RE: Amending
Chapter 2. Administration, adding a New Article XIII "CIVIL
EMERGENCIES-EMPLOYEE COMPENSATION"; providing for Compensation
to City Employees during periods of Civil Emergency.
B. Ordinances -- 1st Reading
1. Proposed Ordinance No 05-029 RE: Amending the Land
Development Regulations (LDR) Chapter 2, Zoning, Section 6 and Section
8.5, to create an overlay district to reduce the front, side interior, and
side corner yard building setbacks for parcels currently zoned Office and
Professional District (C-1), Neighborhood Commercial District (C-2),
Community Commercial District (C-3), and General Commercial District
(C-4) located within targeted areas of the CRA.(Tabled 7/05/05)
2. Proposed Ordinance No. 05-042 RE: Approving the
Franchise Agreement between the City of Boynton Beach and Adelphia
Communications Corp. (Proposed Resolution No. R05-125
consenting to assignment and change of control will be enacted
at the rd Reading of Ordinance)
C. Resolutions:
1. Proposed Resolution No. R05-119 RE: Authorizing
the Intralocal agreement between the City and CRA for land acquisition in
the Heart of Boynton Beach. (Tabled 7/5/05)
2. Proposed Resolution No. R05-124 RE: Approving a
Preliminary Rate Resolution for the Fire Assessment.
D. Other:
1. Addition of a Veterans' Advisory Board for the City of Boynton Beach
2. Review allowing a limited number of business owners, who are non
residents, as members of the advisory boards.
XIII. UNFINISHED BUSINESS:
A. Building Colors along Major Roadways (CDRV 05-009) Proposal to
amend the Land Development Regulations, Chapters, 4 and 9 to limit building
colors, and require the review/approval for changes to building colors for
buildings located along Boynton Beach Boulevard, Federal Highway, and
Congress Avenue.
8
Agenda
Regular Commission Meeting
Boynton Beach, FL
July 19, 2005
2. KNOLLWOOD II (NWSP 05-017) Request for Site Plan approval to
construct 148 zero lot-line single-family homes on a 36.17-acre parcel in
the Planned Unit Development (PUD) zoning district.
B.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
c.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
IX. CITY MANAGER'S REPORT:
Gerrity Rezoning (REZN 05-004)
Bradley Miller, Miller Land Planning Consultants, Inc.
Bill Gerrity, Inc.
NE 8th Avenue at NW 10th Street
Request to rezone 2.54 acres from R-1-AA Single Family
Residential to R-1-A Single Family Residential (Future Land
Use classification to remain Low Density Residential (LDR)
for the ultimate development of 10 single family
residential lots. (1st reading Proposed Ordinance No.
05-040)
Maximum building heights in Public Usage Zoning
District - hospitals (CDRV 05-012)
Shayne Conover, Kilday & Associates
N/A
City wide (Public Usage (PU) zoning district)
Request to amend the Land Development Regulations,
Chapter 2 Zoning, Section S(J)(2) to increase maximum
building height for hospitals from 45 feet to 75 feet, while
retaining existing maximum floor provision of four (4)
stories. (1st reading of Proposed Ordinance No. 05-
041)
A. Intralocal Agreement Between the City and CRA -- Boynton Beach Promenade
Extension. (Proposed Resolution No. ROS-091)(Tabled 5/17/05) Item requested
additional table to allow CRA Board to respond to funding formula.
X. FUTURE AGENDA ITEMS:
A. Intralocal Agreement between the City and CRA -- Old High School. (8/2/05)
B. Agreement for the Boynton Beach - Heart of Boynton Project - Phase I (8/2/05)
C. Workshop regarding City Hall/Public Safety Space Needs Report (8/30/05)
D. Refinancing of 1996 Utility Revenue Bond (8/2/05)
E. City Manager's Evaluation (October 2005)
F. Notification to residential areas of ordinance changes.
6
Agenda
Regular Commission Meeting
Boynton Beach, FL
July 19, 2005
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DEOSION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
FIRST DRAFT AGENDA 7/15/20052:31 PM
S:\CC\WP\CCAGENDA\AGENDASWEAR 2005\071905.DOC
9
V. ADMINISTRATIVE
ITEM A.
APPLICANTS ELIGIBLE FOR APPOINTMENT 07/19/05
LAST FIRST 1st CHOICE 2nd CHOICE 3rd CHOICE APPUCATlON
NAME NAME SUBMITTED
Broenig Gerald Planning & Community 4/11/05
Development Board Development
Aaencv
Fetner Susan Recreation & Parks Senior Advisory 7/6/05
Board Board
Fitzpatrick Michael Planning & 2/25/05
Develooment Board
Grcevic Sharon Planning and 12/20/04
Development Board
Lender Wayne Community 1/28/05
Redevelopment
Aqencv
Lentz Barbara Arts Commission 7/7/05
McMahon James Recreation & Parks Planning & 1/8/05
Board Development
Board
JAP
7/13/200511:10 AM
S:\CC\WP\BOARDS\APPMENTS\BOard Year 2005\APPLlCANTS ELIGIBLE FOR APPT 07 19.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.l.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005
D April 19,2005 April 4, 2005 (Noon) D June 21, 2005
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005
D May 17,2005 May 2,2005 (Noon) ~ July 19,2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16,2005 (Noon)
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June 6. 2005 (Noon)'-' "
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June 20, 2005 (Noon) C
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July 5, 2005 (Noon)
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D Administrative D Development Plans -~
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NATURE OF ~ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
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RECOMMENDATION: Motion to award the Bid for the "ANNUAL CONTRACT FOR MEDICAL AND DRUG
SUPPLIES", Bid # 049-1412-05/JA, to various vendors with an estimated annual expenditure of $110.000.00
CONTRACT PERIOD: JULY 20, 2005 TO JULY 19' 2006
EXPLANATION: This is a joint bid with the City of Delray Beach, Florida. Bid #2005-18, acting as the lead agency.
On May 11, 2005. The City of Delray Beach, opened and tabulated nine (9) proposals. The multi-award
recommendation is based on the low bid per product grouping. The five companies recommended for award are the
lowest, most responsive, responsible bidders who meet all specifications: All supplied product satisfactorily in the
past. Agenda Request and Award Recommendation letters are attached.
The provisions of this bid award will allow for a one (1) year extension at the same terms and conditions, and prices
subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of
the City.
PROGRAM IMP ACT: The purpose of this bid is to obtain firm prices for the purchase of the Medical and Drug
Supplies for the Fire Department. These supplies are ordered on an "AS NEEDED BASIS", and will be stocked in the
City's Warehouse.
FISCAL IMP ACT: ACCOUNT NUMBER
502-00-141-01-01
NOTE: Actual 2003-2004 expenditures were $101.00.3.00
(10/1/04-7/8/05) are $91.018.00.
ANNUAL EXPENDITURE
$110,000.00
The 20 2005 expenditures to date
~~
Assist t to the Finance Director
FmANCE~ROCUREMENT
Department Name
CC: Dominic DeMauro - Warehouse Manager
Mike Landress - EMS Chief
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
rQECEIVED
JUN 22 2005
P~~_~ZJ:!j)T SERVICES
TO:
Mary Munro, Assistant to the Finance Director
FROM:
Dominic DeMauro, Fixed Asset/Warehouse Manager
DA TE:
June 22, 2005 !0~
SUBJECT: Co-op Medical Bid
Please go to commission for the approval to purchase medical supplies with an estimated
expenditure of $11 0,000.00. This is a joint bid with the City of Delray. This is a multi-
award to various vendors by group and overall low price. Last years expenditures were
$101,000.00. The increase is due to the opening of Fire Station 4. If you have any
questions, please contact me at ext. 6324.
Cc: Bill Mummet, Finance Director
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tlTYDF DELARY IERtH
DElRA Y BEACH
f l 0 It IDA
tdld
AIJ-AmericaCily
" II J!
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
June 08, 2005
1993
2001 Quad Med, Inc.
Lisa M. Price, President
P.O. Box 550773
Jacksonville, FL 32255
SUBJECT: Bid #2005-18 Medical and Drug Supplies - Annual Contract
Joint Bid with City of Boynton Beach
Dear Ms. Price;
Our City Commission, on June 07, 2005, approved the award of the above referenced bid
to various vendors. Group(s) and/or item(s) awarded to your company are as follows:
Group #6 - Bandages and Dressing Tape
Term of the contract will be from June 24, 2005 through June 23, 2006. Items will be
ordered via individual purchase orders and/or blanket order releases on an "as needed"
basis for the contract term from each participating entity of this joint bid.
We would like to thank you for your interest in the City of Delray Beach. If you have
any questions, tou may contact me at 561-243-7163.
Sincerely, "
~y~
Purchasing Manager
cc: Joseph M. Safford~ ~~ce Director
Michael Twigger, Paramedic Lieutenant, Delray Beach Fire Department
Janet Allen, City of Boynton Beach Procurement Services
Dominic DeMauro, Warehouse Manager, City of Boynton Beach
) Printed on Recycled PapfJT
THE EFFORT ALWAYS MATTERS
'! .~<,..-..,. '.III>'~"'" ':' ~'_~_'""':"."'.'"
~I" DF DELIA' BEA[H
_~RAY BEACH
f l 0 . IDA
tzttd
A11.AmericaCity
" II J!
1993
2001
) PrInted 00 Recycled Pspsr
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
June 08, 2005
Southeastern Emergency Equipment
Tanya Lowery, Customer Service Rep.
P.O. Box 1196
Wake Forest, NC 27588.
SUBJECT: Bid #2005-18 Medical and Drug Supplies - Annual Contract
Joint Bid with City of Boynton Beach
Dear Ms. Lowery;
Our City Commission, on June 07,2005, approved the award of the above referenced bid
to various vendors. Group(s) and/or item(s) awarded to your company are as follows:
Group #4 - Diagp.ostics and Instruments
Term of the contract will be from June 24, 2005 through June 23, 2006. Items will be
ordered via individual purchase orders and/or blanket order releases on an "as needed"
basis for the contract term from each participating entity of this joint bid.
We would like to thank you for your interest in the City of Delray Beach. If you have
any questions, you may contact me at 561-243-7163.
Sincerely,
~~
J acklyn Rooney
Purchasing Manager
cc: Joseph M. Saffoi<tUnce Director
Michael Twigger, Paramedic Lieutenant, Delray Beach Fire Department
Janet Allen, City of Boynton Beach Procurement Services
Dominic DeMauro, Warehouse Manager, City of Boynton Beach
THE EFFORT ALWAYS MATTERS
[II' DF DELIA' IEA[H
DElRAY BEACH
f t 0 It I D A
tdtd
AlI.America City
, III J!
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
June 08, 2005
1993
2001
Sun Belt Medical! Emergi-Source
Stacey Barksdale Price, Vice President
20 Capital Drive
Hilton Head, SC 29926
SUBJECT: Bid #2005-18 Medical and Drug Supplies - Annual Contract
Joint Bid with City of Boynton Beach
Dear Ms. Price;
Our City Commission, on June 07, 2005, approved the award of the above referenced bid
to various vendors. Group(s) and/or item(s) awarded to your company are as follows:
Group #3 - Medications
"
Term of the contract will be from June 24, 2005 through June 23, 2006. Items will be
ordered via individual purchase orders and/or blanket order releases on an "as needed"
basis for the contract term from each participating entity ofthis joint bid.
We would like to thank you for your interest in the City of Delray Beach. If you have
any questions, you may contact me at 561-243-7163.
Sincerely,
~~
Purchasing Manager
cc: Joseph M. Saffof(l~t:ance Director
Michael Twigger, Paramedic Lieutenant, Delray Beach Fire Department
Janet Allen, City of Boynton Beach Procurement Services
Dominic DeMauro, Warehouse Manager, City of Boynton Beach
) Prif1t&d on Recycled Paper
THE EFFORT ALWAYS MATTERS
r", DF DELRA' IEA[H
..,..LRAY BEACH
, l 0 . I D A
tI.ttd
All-America City
'11t'!
1993
2001
) PrlntfKI on RecyclfKI Paper
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
June 08, 2005
Bound Tree Medical, LLC.
Linden P. Joseph, President
5200 Rings Road, Suite A
Dublin, Ohio 43017
SUBJECT: Bid #2005-18 Medical and Drug Supplies - Annual Contract
Joint Bid with City of Boynton Beach
Dear Mr. Joseph;
Our City Commission, on June 07, 2005, approved the award of the above referenced bid
to various vendors. Group(s) and/or item(s) awarded to your company are as follows:
Group #7 - Infe'?Jtion Control Equipment and Supplies
Term of the contract will be from June 24, 2005 through June 23, 2006. Items will be
ordered via individual purchase orders and/or blanket order releases on an "as needed"
basis for the contract term from each participating entity of this joint bid.
We would like to thank you for your interest in the City of Delray Beach. If you have
any questions, you inay contact me at 561-243-7163.
Sincerely,
acklyn Rooney
Purchasing Manager
cc: . Joseph M. Saffor~ance Director
Michael Twigger, Paramedic Lieutenant, Delray Beach Fir~ Department
Janet Allen, City of Boynton Beach Procurement Services
Dominic DeMauro, Warehouse Manager, City of Boynton Beach
THE EFFORT ALWAYS MATTERS
I:IT' DF DELRA' IEA!:H
DELRAY BEACH
r l 0 . I I) ,0\
bed
AII.AmericaCity
" II ,!
1993
2001
~ Printed an Recycled Paper
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
June 08, 2005
Matrix Medical, Inc.
Attn: John D. Surles, V.P. Sales
P.O. Box 210
Ballentine, SC 29002
SUBJECT: Bid #2005-18 Medical and Drug Supplies - Annual Contract
Joint Bid with City of Boynton Beach
Dear Mr. Surles;
Our City Commission, on June 07,2005, approved the award of the above referenced bid
to various vendors. Group(s) and/or item(s) awarded to your company are as follows:
Group #1 - Ainyay Management Equipment and Supplies
Group #2 - Intravenous Supplies
Group #5 - Splints and Immobilization Supplies & Equipment
Term of the contract will be from June 24, 2005 through June 23, 2006. Items will be
ordered via individual purchase orders and/or blanket order releases on an "as needed"
basis for the contract term from each participating entity of this joint bid.
We would like to thank you for your interest in the City of DeIray Beach. If you have
any questions, you may contact me at 561-243-7163.
Sincerely,
~JYl-.;?~
Jacklyn Rooney
Purchasing Manager
cc: Joseph M. safford~ance Director
Michael Twigger, Paramedic Lieutenant, DeIray Beach Fire Department
Janet Allen, City of Boynton Beach Procurement Services
Dominic DeMauro, Warehouse Manager, City of Boynton Beach
THE EFFORT ALWAYS MATTERS
~,rY Q",
/. "'~,~."
, '
,
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.2.
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
May 2, 2005 (Noon)
o June 7, 2005
o
o
IZJ
May 16,2005 (Noon)
0 April 5, 2005
0 April 19,2005
0 May 3, 2005
0 May 17,2005
March 14,2005 (Noon,)
NATURE OF
AGENDA ITEM
o Administrative
IZJ Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
June 21, 2005 June 6, 2005 (Noon)
July 5, 2005 June 20, 2005 (Noon)
~ /
July 19, 2005 July 5, 2005 (Noon) -.
--
.'1
f',J
0 Development Plans .... ) "
0 New Business :'~<~ .; .';--1
- .~
~
0 Legal '" :J:J
0 Unfmished Business f--,) ~~.~ ;:
c:) 'e)
0 Presentation ::c
April 4, 2005 (Noon)
April 18,2005 (Noon)
RECOMMENDATION: A motion to award a one (1) year contract for "PENSION CONSULTING SERVICES", RFP
#037-1410-05/ja, to The Segal Company, of Atlanta, Georgia, with an estimated expenditure of $46,500, with the option to
renew the contract, at the same terms, conditions, and prices, for three (3) additional (1) year periods subject to vendor
acceptance, satisfactory perfonnance and determination that the renewal will be in the best interest of the City.
EXPLANATION: On May 11, 2005, Procurement Services opened and tabulated five (5) proposals to our RFP for
"Pension Consulting Services". An evaluation connnittee was formed and comprised of the following members: Pete
Mazzella, Assistant Utilities Director, Mark Veil, Partner in the City's audit firm of Caler, Donten, Levine, Druker, Porter &
Veil, P.A., and Bill Munnnert, Director of Financial Services. The selection connnittee met on June 22, 2005 to review and
discuss all five proposals. A numerical scoring system and rating sheet was utilized to evaluate each proposal against the
selection criteria established in the RFP. All proposals were then ranked based upon the evaluation scores, with all three
connnittee members scoring the same firm, The Segal Company, as #1. All connnittee members felt that The Segal Company
was the most responsive responsible Consultant that met all criteria. Segal's proposal was very comprehensive and detailed,
and their methodology to complete the scope of services was exactly on target with the expectations for the review of our
three pension plans.
PROGRAM IMPACT: The use of an independent Pension Consultant to review the operation, benefit structure and
actuarial assumptions of the City's three defined benefit pension funds will provide the City Connnission with assurances that
the plans are well designed, financially stable and well positioned for the future. It also allows for a fresh perspective and
possible suggestions for change. The consultant will also be used to provide ongoing supplemental actuarial and fmancial
analysis to any proposed plan amendments submitted to either the City Manager or City Connnission, thus providing an
independent opinion for all proposed plan changes.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: The 2004/05 Budget includes $65,000 in account #001-1410-513-49-17 to complete a pension analysis.
Funds ($10,000) will be included in the 2005/06 Budget to cover ongoing consulting services, as needed. An estimated cost
of services will be obtained from the consultant before any ongoing consulting services are accepted.
Department Name
Department Head's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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REQUEST FOR PROPOSALS
FROM CONSULTANTS
FOR
"CONTRACT FOR PENSION CONSULTING SERVICES"
FOR THE CITY OF BOYNTON BEACH, FLORIDA
RFP #037-1410-05/JA
SECTION I
SUBMITTAL INFORMATION
A. The City of Boynton Beach will receive RFP responses until Mav 11. 2005~ at 2:30 P.M.
(LOCAL TIME) in Procurement Services located on the second floor of City Hall, 100 E.
Boynton Beach Boulevard, to provide the City with professional consultant services for
Pension Consultinl! Services.
B. Any responses received after the above stated time and date will not be considered. It sha11be
the sole responsibility of the qualifier to have their RFP response delivered to Procurement
Services for receipt on or before the. above stated time and date. It is recommended that
responses be sent by an overnight air courier service or some other method that creates proof
of submittal. RFP responses, which arrive after the above stated deadline as a result of delay
by the mail service shall not be considered, shall not be opened at the public opening, and
arrangements shall be made for their return at the qualifier's request and expense. The City
reserves the right to consider submittals that have been determined by the City to be received
late due solely to mishandling by the City after receipt of the RFP and prior to the award
being made.
C. These RFP's will be publicly opened and read aloud in Procurement Services after the
designated due date, on Mav 11. 2005. at 2:30 P.M. aoca) time). All Proposers or their
representatives are invited to be present. Procurement Services is located on .the second floor
of City Hall, 100 E. Boynton Beach Boulevard.
D. If any addendum( s) are issued to this Request for Proposal, the City will attempt to notifY all
prospective proposers who have secured same, however, it shall be the responsibility of each
proposer. prior to submitting the RFP resPonse, to contact the City Procurement Services at
(561) 742-6322 to determine if any addendum(s) were issued and to make any addendum
acknowledgements as part of their RFP response.
3
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E. One (1) ori2inal. so marked. and ei2ht (8) copies. of the RFP response shall be
submitted in one sealed package clearly marked on the outside ''RFP FOR PENSION
CONSULTING SERVICES" FOR THE CITY OF BOYNTON BEACH. FLORIDA.
and addressed to: City of Boynton Beac~ Procurement Services, P.O. Box "310, Boynton
Beac~ FL 33425-0310.
F. Responses shall clearly indicate the legal name. address and teleohone number of the
proposer . (firm, corporation, partnership or individual). Responses shall be signed above
the typed or printed name and title of the signer. The signer shall have the authority to
bind the proposer to the submitted RFP.. Proposers must note their Federal ID. nUmber
on their RFP submittal.
G. All expenses for making RFP responses to the City are to be borne by the proposer.
. H. A sample draft contract that the City intends to execute with the successful firm is
contained in this Request for Proposal for review. The City reserves the right to modify
the contract language prior to execution. The scope of services will closely track the
scope of work detailed in Section IT of this Request for Proposal. .
INTRODUCTION
The City of Boynton Beach IS seeking proposa1sfrom qualified actuaries to provide Pension
Consulting Services in. comiection with its three (3). Defined Benefit Retirement Plans -
Firefighters', Police Officers' and - General Employees, as governed _ by each plan's Board of
Trustees.
Inquiries relative to this proposal should be directed to Bill M~ert, Director of Financial
Services, at (561) 742-6311 or he may be reached via c>.maiI at mummertb@ci.boynton-
beach.fl.us.
.BACKGROUND
The City maintains three (3) Defined Benefit Retirement Plans - Firefighters', Polices Officers'
and General Employees' (which covers all general, confidential, professional, supervisory,
management and executive employees).
The Firefighters' Plan covers all firefighters and fire department officers. The plan rePresents
approximately 150 employees, of which 100 are active. An independent contractor who provides
the general management of the fund arfministers the fund. A Pension Board oversees all fund
activities. The fund has assets in the $38 million range, which are professionally managed. All
employees are within the "contributory" provisions of the Plan and are required to contribute
seven percent (7%) of their gross salary to the Fund. The defined benefit multiplier for this group
; l:l three percent (3 %). There is a ten (10) year vesting requirement. The plan is a defined benefit
an that includes a Deferred Retirement Option Plan (DROP) provision.
4
The Police Officers' Plan covers all sworn police department employees. The plan represents
-approximately ~OO employees, of which 125 are active. An independent contractor who provides
the general management of the fund aclminiRters the fund. A Pension Board overs~ek all fund
activities. The Fund has assets in the $36 million range, which are professionaIly managed. All
employees are witbjn the "contributory" provisions- of the Plan arid are required to contribute
seven percent (7%) of their gross salary to the Fund. The defined benefit multiplier for this
group is three percent (3%). There is a ten (10) year vesting requirement. The plan is a defined
benefit plan that includes a Deferred Retirement Option Plan (DROP) provision.
The General Employees' Plan covers all permanent full-time employees except those covered by
the police and firefighters pension plans. The plan represents approximately 750 employees, of
which 550 are active. An independent contractor who provides the general management or-the
- fund administers the fund, A Pension Board oveJ:Sees all fund activities. The Fund has assets in
the $66 million range, which ~e professionally managed. All employees are within the
"contributory" provisions of the Plan and are required to contribute seven percent (7%) of their
gross salary to the Fund. The defined benefit multiplier for this group is three percent (3%).
There is a five (5) year vesting requirement. The plan is a defined benefit plan that includes a
Deferred Retirement Option Plan (DROP) provision.
5
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SECTION II
SCOPE OF SERVICES
The following are tasks that the consultant will be asked to complete for each of the City's three
. defined benefit plans. The consultant will also act in an advisory capacity to other matters that
arise relevant to this pension plan.
1. Review the existing plan design and general management of the plan to insure the long-
term stability of plan assets and make recommendations for change, if needed.
2. Review the existing benefit structure and make recommendations for change, if needed.
a. Current Funding Rate (7%)
. b. Current Pension Multiplier (3%)
c. Cost of Living Index
d. Current Pension Maximum
3. Review current actuarial assumptions and funding levels to ensure the long-term solvency
of the plan.
a Current Methodology
b. Pros and Cons of Smoothing
c. Interest Rate Assumptions
d. Unfunded Liablily
4. Provide analysis of current DROP provisions of each plan and make recommendations
for change, if needed or to discontinue provision.
5. Provide a written report offindings and recommendations for changes based on the
review of each plan.
6. Meet with the Board of Trustees of each Fund to explain any finding or
recommendations.
7. Provide ongoing supplemental acturial and financial analysis to any proposed plan
amendment submitted to either the City Manager or City Commission.
6
SECTION ill
INSTRUCTIONS FOR PREPARING PROPOSALS
RFP# 037-1410-0S/JA
RULES FOR PROPOSALS:
The proposal must name all persons or entities interested in the proposal as principals. The
proposal must declare that it is made without collusion with any other person or entity submitting
a proposal pursuant to this RFP. '
PROPOSAL FORMAT:
Proposers shall prepare their proposals using the following format and should include but not be
limited to the following:
1. Letter of Transmittal - This letter will summarize in a brief and concise manner, the
proposer's understanding of the scope of work and make a positive commitment to timely
perform the work. The letter must name all of the persons authorized to' make
representations for the proposer, including the titles, addresses, and telephone numbers of
such persons. An authorized agent of the proposer must sign the Letter of Transmittal
indicating the agent's title or authority. The letters should not exceed two pages in
length.
2. Statement acknowledging receipt of each addendum issued by the City.
3. Qualifications and experience of the firm's individua1(s) who will provide the
services. The submission should include:
a. Details on the qualifications of the firm's key individua1(s) who will perform the
work; including education, experience and specialized knowledge and legal
expertise in governmental (including tax-exempt) field and experience in similar
work.
b. Details on the qualifications of the firm, including documentatio~ of the firm's
experience with similar work; include firm's size, structUre, location of
management and charter authorization and licenses to do business in the State of
Florida. Also include firm's national, statewide and local service capabilities,
including skilled technical and market resources of the firm.
c. Provide a list and description of at least three (3) similar municipal engagements
within the State of Florida satisfactorily performed within the past three (3) years.
For each engagement listed, include the name and telephone number of a
7
representative for whom the engagement was undertaken who can verify
satisfactory performance.
.
d. Provide a statement of assurance that your firm is not presently inviblation of any
. statutes or regulatory mles that might have an impact on your firm's operations,
including those of the Securities and Exchange Commission, Municipal Securities
Rulemaking Board, National Association of Securities Dealers, etc. and provide a
snmmary of any litigation filed against the firm or key personnelm the past three
years related to similar type of services requested.
e. Proof of ability to obtain insurance as required in "Attachment"A"
f. FORMS: See attached-
4. AVAILABILITY: - Indicate current and anticipated workloads and availability for other
activities. IdentifY the extent and nature of any anticipated outside support.
5. PROJECT UNDERSTANDING, PROPOSED APPROACH, AND METHOLO~Y
. a. The firm shall describe their understanding of the scope of services and the
proposed approach that will be used to complete the tasks listed in the scope of
services of this proposal. This should include a detailed time schedule to
complete each task, PJ;Oposed interaction with city staff and officials as well as
other project components and features.
6. COST BREAKDOWN
a. The firm should submit a cost breakdown for completing each of the tasks listed
in Section II - "Scope of Services". Respondents must include all costs
associated with their proposal. .
b. Indicate. the method in which other advisory serVices will be billed and include a
detailed breakdown oftbat fee structure. In addition, please indicate your firm's
policy regarding out-of-pocket and or other indirect cost expenses: if your firm
proposes reimbursement from the City, please itemize the types of expenses and
basis of billing for each.
8
SECTION IV
EVALUATION METHOD AND CRITERIA:
A Selection Committee will evaluate proposals and will select the proposal which meets the
best interests of the City. The City's decision will be {"mal.
The following criteria shall be utilized in the evaluation of the proposals:
Qualifications of the Finn and key personnel assigned to this contract
Experience in similar work, including local governmental experience in Florida.
Highlypositive'references (within the last three years).
Project Understanding, Proposed Approach & Methodology
Cost of Services
Full compliance with the terms and conditions of this Request for Proposal
DELIVERY OF PROPOSALS
One oril!inal and ei2ht (8) conies of the nroDosal shall be delivered to the City of Bovnton
Beach. Procurement Services. on or before Mav 11. 2005. NO LATER THAN 2:30 It is the
sole responsibility of the respondent to see that their proposals and all of the required
documentation attached hereto as part of the Request for Proposal process are delivered to the
City of Boynton Beach on time.
AWARD OF CONTRACT AND CONSULTING SERVICES AGREEMENT (SEE
SAMPLE ATTACHMENT B):
The City Commission of the City of Boynton Beach will formally award this contract for
services. The successful respondent shall be expected to enter into a Consulting Services
Agreement supplied by the City of Boynton Beach.
1. The following items are attached with the proposal in Attachment "B" and must be
completed and submitted with any proposal in order to have a valid submittai. They are:
a. Proposer's Acknowledgement
h. Addendum(s)
9
c. Statement of Proposer's Qualifications
d. Anti-Kickback Affidavit
e. Non-collusion Affidavit of Prime Proposer -
f. Minority Owned BUsiness Statement
g. Confirmation of a Drug Free Workplace
h. Schedule of Sub-Contractors
i. Statement of No Proposal (if applicable)
2. Each entitY, by subm,ission ~f a proposal, acknowledges that in the event of any legal action
challenging the award of the project, damages, ifany, shall be limited to the actual cost of the .
preparation of the proposal.
3. Bach respondent is deemed to have knowledge of all applicable federal, state and looallaws,
rules, ordinances and regulations of all authorities having jurisdiction over all aspects of the
project.
10
CONSULTANT AGREEMENT FOR
PENSION CONSULTING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinaft.er.r~ferred to
as ''the City", and . hereinafter referred to as "the
Consultant", inconsideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT pESIGNATION. The Consultant is retained by the City to perform
CONSULTANT services in connection with the project designated PENSION
CONSULTING SERVICES.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. PAYMENT. The CITY shall pay PENSION CONSULTANT in accordance with the Fee
SchedUle, pursuant to Attachment A, which is attached hereto as part of this agreement.
4. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
5. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply. with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
6. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys feeS and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own. employees, .or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
7. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,.000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $ 1,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
CA 1
8. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the seryiees provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
9. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
10. DISCRIMlNATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
11. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
12. NON-WANER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
13. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agre.ement, if requested to dooso by the City. 'This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
CA 2
15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreen:ient between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this
day of
,20_
CITY OF BOYNTON BEACH
City Manager
AttestJ Authenticated:
City Clerk
Approved as to Form:
Office of the City Attomey
Rev. 1/22/91
CA 3
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Consultant
Title
(Corporate Seal)
Attest! Authenticated:
Secretary
*SEGAL
CI1Y OF BOYNTON BEACH, FLORIDA
PROPOSAL TO PROVIDE
PENSION CONSULTING SERVICES
y Provide details on the firm's qualifications and capabilities, as well detail on
assigned staff.
The Segal Company is a privately held corporation and has been in business for over 65
years. Segal also has two wholly owned subsidies, Segal Advisors, Inc. (investment
consulting) and Sibson Consulting (compensation and human resources consulting). Segal
is a completely independent organization with no ties to any other companies. Our only
interest is in providing unbiased solutions to clients' benefits, concerns, and needs.
The company maintains 18 regional offices throughout the United States and Canada.
Nationally, Segal has approximately 1,000 employees. There are three primary market
divisions (Public Sector, Corporate and Multiemployer), all of which provide pension,
health and welfare, compliance, technology and communications consulting. Our national
professional staff is characterized by a wide diversity of backgrounds, extensive experience,
and special expertise in all aspects of employee benefit plans.
For over half a century, Segal has been providing actuarial and consulting services to public
sector clients. Entities served include not only state systems, but cities, counties and
numerous political subdivisions. We presently serve as consultants and actuaries to more
than 2,500 employee benefit plans covering over eight million employees and dependents.
Client benefit plans range in size from 25 covered employees to more than 400,000 covered
employees. Many widely accepted benefit practices were innovations first conceived,
designed, and introduced by Segal. This experience and history of creativity continues
unabated and will be of direct benefit to the City. Other key strengths that provide value to
Boynton Beach include:
y Our extensive experience with local governments in Florida as well as throughout the
southern u.s. assures you that we understand the services requested;
y Segal's national reputation and emphasis on education allows us to recognize trends in
other areas of the country that may affect our clients. Our recent involvement with
similar governmental plans will enhance the value of our services;
y We honor our time frame commitments and will work with you to supply the
information you need, when you need it;
y The quality control standards utilized by Segal are among the most stringent in our
industry.
Page 4
-* SEGAL
CITY OF BOYNTON BEACH, FLORIDA
PROPOSAL TO PROVIDE
PENSION CONSULTING SERVICES
We understand that the City of Boynton Beach desires to engage a full service actuarial and
consulting firm to provide detailed review and analysis for multiple facets of the City's three
defined benefit plans, as well as provide general advice and guidance. We believe that The Segal
Company's extensive experience with state and local Public Sector retirement systems uniquely
qualifies us to fully meet the requirements of this RFP.
METHODOLOGY
We do not anticipate gathering extensive data and replicating the Fund actuary's work. Rather,
we will evaluate and offer for the City's consideration various thoughts and ideas which emerge
from our studies.
Our proposed services with regard to the actuarial consulting services include the following
elements:
1. Review of Actuarial Assum{ltions and the Latest Experience Study
We will assess whether actual experience and assumptions were appropriately evaluated in
the most recent experience study by the City's actuary. Our focus will be to determine
whether the recommended assumptions are appropriate, reasonable, and supported by
those studies. If we recommend any adjustments to the assumptions, we will provide a
detailed rationale for our recommendations and a description of the general effect on the
City's three defined benefit plans.
Generally, we will assess whether the actuarial valuation assumptions are reasonable and
consistent with generally accepted actuarial standards and practices. This assessment will
also determine whether the assumptions are reasonable based on the City's experience and
appropriate to the current benefit structure.
We will review the economic and non-economic actuarial funding assumptions of the
System's actuary for reasonableness and internal consistency. This examination will
generally include an analysis of the following assumptions:
Economic Assumptions:
Inflation
Investment yield (interest)
Salary increases for individuals (general increases plus merit/seniority)
Aggregate covered payroll increases
Non-Economic Assumptions:
Page 9
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*- SEGAL
CITY OF BOYNTON BEACH, FLORIDA
PROPOSAL TO PROVIDE
PENSION CONSULTING SERVICES
Withdrawal due to voluntary or involuntary cessation of employment other than death,
disability or retirement
Disability rates, including proportions of service and nonservice disabilities
Pre-retirement mortality
Post-retirement mortality for service and disability retirements
Retirement rates
Survivor benefits (proportion married and spousal ages)
We will base our study on the City's actuary's most recent experience study and upon any
other specific information available to us with regard to the City's experience.
A separate discussion will be provided regarding the key economic assumptions of
investment return and salary scale. Relatively low inflation in recent years has spurred
substantial debate with regard to both assumptions. The relationship of the inflation
assumption to the investment return and salary scale assumptions will also be examined and
discussed. Comparative information will be provided regarding economic assumption trends
and practices for other public retirement systems.
In this review, we will be able to draw on the experience we have gained working with other
retirement programs for public employees. We will also identify areas, if any, not addressed
in the current actuary's experience reviews that may be appropriate for future evaluation.
2. Verification of Actuarial Projections
We will assess whether the costs and liabilities of three Plans were appropriately evaluated
in the most recently completed actuarial valuation conducted by the actuary. Cooperation of
the current actuary will be required to ensure an understanding of the accuracy of processing
details.
If we identify any discrepancies or recommend any adjustments to the valuation procedures
or results, we will provide a detailed rationale for our recommendations and a description of
the general effect on the City. In addition, we will report on the consistency of these results
with any funding policies in effect and with your audited financial statements, as well as
their internal consistency.
Page 10
*SEGAL
CITY OF BOYNTON BEACH, FLORIDA
PROPOSAL TO PROVIDE
PENSION CONSULTING SERVICES
3. Key Areas under Review
The key areas under review will be data validity, the valuation procedures and results, and
the conclusions reached by the City's actuary.
>- Benefit Design
We will review the current benefit offerings and compare them to national surveys as
well as similar Florida Plans. We will project certain benefits to retirement and analyze
the replacement ratio at retirement for adequacy.
We will also review the DROP plan design and offer any suggestions for modification.
>- Actuarial Valuation Procedures and Results
We will review the current actuary's valuation procedures and adjustments to determine
whether they are reasonable and consistent with generally accepted actuarial standards
and practices, and with the particular features of your Plans that they are intended to
value. This assessment will determine whether the current actuary's procedures and
adjustments are appropriate for the benefit structure of the Plans and any funding
policies. Any discovered deviations from accepted standards will be reviewed with the
current actuary for the rationale for such deviation and the effect on the City's Plans.
>- Evaluation of Funding Methodology and Actuarial Asset Method
As a part of the review of the most recent actuarial valuation, we will evaluate the
appropriateness of two key components of your overall valuation methodology: your
actuarial funding method (including the resultant contribution rates and any
recommended adjustments) and your actuarial asset method. For each of these
methods, we will determine whether they are reasonable and consistent with generally
accepted actuarial standards and practices, and with the particular benefits,
investments, demographics, and funding objectives of your Plans.
We will review your funding method based primarily on the cost pattern it can be
expected to produce. Among the items we will consider are the development of the
a~nual normal cost percentage and the amortization of the unfunded actuarial liability.
We will review your actuarial asset method based on several considerations, including:
stability of returns
tracking of market value
internal consistency (e.g., possible double counting of income)
external consistency (e.g., asset allocation to various employee classifications)
Page 11
~'i*.--',,,.......";._..__,*,,~,,,,,,,,_~,,,,,,",,,-,-__,,~,,,,,,,,,,,_,,,,,,;;,;~,",.",,,,~,,,,._,'.",.,_._',"".,..;,.".,
-* SEGAL
CITY OF BOYNTON BEACH, FLORIDA
PROPOSAL TO PROVIDE
PENSION CONSULTING SERVICES
y Written Report and Recommendations
We will prepare a written report summarizing the results of our actuarial services and
findings. The report will include:
Our specific findings with regard to each of the review and recommendation
elements
A recap of any specific discrepancies, variations or exceptions identified, the
estimated impact of those items, the resolution of those items, and any items that
remain outstanding
Our opinion as to the reasonableness of the current actuary's valuation assumptions,
methods and conclusions, and their conformance with generally accepted actuarial
standards and practices
A description of any improvements that can be made to the annual actuarial
valuation, including the valuation process, the valuation results and the form of
presentation
Our comments on the overall profile of the Plans, including benefit design, the
actuarial funding method and actuarial valuation asset method
Detailed recommendations based on all of the above findings. These
recommendations will be identified within the report and within an executive
summary.
y Timeline:
A suggested timeline is shown below. We have estimated the number of staff hours
required for each major step. The limited scope audit will require approximately 175
staff hours and be completed in approximately 11 weeks.
Step Time
1. Initial meeting (or phone call) with City staff Week 2
2. Data / document gathering and initial analysis Weeks 3-5
3. Analysis of current actuarial assumptions, Weeks 4-7
methodology, valuation report, and experience study
4. Discussions or meetings with City actuary to verify details of Weeks 5-6
actuarial methods
5. Detailed review of benefit projections, including comparison Weeks 6-8
to national surveys
6. Report preparation Weeks 9-11
7. Presentation of results to City and/or Boards Week 12
Page 12
--x- SEGAL
CITY OF BOYNTON BEACH, FLORIDA
PROPOSAL TO PROVIDE
PENSION CONSULTING SERVICES
~ Additional Consulting Services
We understand that the City may require a variety of ongoing actuarial services. Those
services might include actuarial analysis, consultation, and advice related to:
Provide ongoing financial and actuarial analysis to any proposed plan amendments
submitted to either the City Manager or City Commission.
As actuary for the City, we will be prepared to assist with routine technical advice and
discussions with City staff. The Segal Company works closely with all its clients to help
with the day-to-day policy and operational issues that arise in the course of
administering defined benefit plans. We make certain that you have timely access to the
consulting actuaries and other specialists assigned to your team, whenever the need
arises.
B. Effects of Technical Changes
The Segal Company places strong emphasis on keeping our clients updated on legal and
regulatory changes that might affect their retirement plans. This is done through direct and
timely contact and written materials. We will make certain that designated City staff
members are included on our mailing lists for Segal's Public Sector publications targeted for
this purpose. In addition, during our regular meetings with the City throughout the course of
the year, we will point out changing regulatory issues for consideration.
In addition, we propose an annual planning and review update discussion with City staff to
review legislative and regulatory initiatives as well as trends in similar municipal and state
systems across the country. The outcome of that review session will be an agenda of pending
actions that may require additional analysis.
Standard Work Plan for Actuarial Projects
In performing an actuarial valuation, we have an established routine that defines the
sequence, methodology, and quality control on the project. The following work plan
describes that routine at a general level and indicates how we would work to complete the
actuarial valuations for the City of Boynton Beach.
1. Do the initial preparation. Set up files, including plan documents for all plans,
previous valuations, and any other relevant materials. Prepare a summary of the benefit
plans and the present assumptions. Speak with the City staff to ensure that there is
complete agreement as to what is expected and full understanding of the operation of
each plan of benefits.
2. Prepare a data request for the City, identifying all required information to review the
calculations and recommendations that have been previously provided to the City. This
will include complete census information on active, terminated, and retired participants,
as well as a complete statement of plan assets and a financial reconciliation to the prior
valuation date.
Page 13
*" SEGAL
CITY OF BOYNTON BEACH, FLORIDA
PROPOSAL TO PROVIDE
PENSION CONSULTING SERVICES
3. Have the initial preparation and data request reviewed by the Supervising
Actuary.
4. Send the data request to the City. Work with the City as necessary to simplify data
preparation and assure its completeness and accuracy. Participant data should be
provided on computer tape. Financial data should be provided in the form of financial
statements completed by the City.
5. Review the data when received, to be sure it conforms to the data request. Run the
participant data through standard "edit and distribution" programs to verify
completeness and reasonableness. Discuss any problems with the City.
6. Develop and/or revise and test all computer programs. For our first project as
Consultant to the City, we will tailor our actuarial computer programs specifically to the
benefit provisions applicable to the groups covered by the City. In future years, we will
make programming adjustments as necessary to take into account changes in benefits,
contributions, and actuarial assumptions. We go through extensive testing of valuation
applications before, during and after processing the actual valuations to assure that the
programs perform as expected.
7. Review assUIDDtions against experience. The Supervising Actuary will assess
developing trends and analyze actuarial gains and losses since the prior valuation.
Discuss with the City, if necessary, to verify unusual results.
8. Review the actuarial valuation. This review is conducted by one of the Supervising
Actuaries, and encompasses the entire process including participant and financial data
preparation, calculations, and programs. The Supervising Actuary assumes responsibility
for the completeness and correctness of the actuarial results.
9. Draft the report to be presented to the City regarding assumptions, and current
solvency of the Plans.
10. Final Review. The other Supervising Actuary responsible for the City's program will
conduct this review.
11. Distribute the report to the City staff and the Retirement Boards.
12. Meet with the City and Retirement Boards to discuss the report, its findings, the
reasons for changes, and any other relevant matters.
13. Follow up with the City on any action arising from the report.
We have found that these procedures ensure a quality actuarial product and communicate
the results in a clear manner.
Page 14
-* SEGAL
CITY OF BOYNTON BEACH, FLORIDA
PROPOSAL TO PROVIDE
PENSION CONSULTING SERVICES
."',;,;,,, ')r~~'''''J''''<': "<""i'';'' ,",' ~,,,,,",,,,, .#, ,Ii" "]i',,";:," ,:H,~"" ."" "f,<1'"-, ",""" "',~ ."'" "". ,." "li~
4;:;rf.t, ,'i. ~, ,; 'ii, Wi. \tfil"': \ ,': ~ \::-/ ~\ '11~!'}, M' ,;' '4\~" ,,,', j iM:j;,':" .. .lPt' i'J " t"-" 't"" -:~
... >p"J;I. t { "'..~,f "'If I 'I-\. 'f 1 {;":> '" '-,' , :'l 'L' ~' r" r f f. " or J 1. (Ii ~ t \ ~
~!f'_YJ; :,~ }~l%~i~' j....:~,.4 k:q", ,L, '; ! ~D/~f'.-) ,$,' (~, \": r/7;.c: .l',' ;J! 1":/ n,""';,) "
. ~ -. . . -
LEON F. (ROCKY) JOYNER, JR. ASA, MAAA, EA
Vice President and Actuary
Current Position/History with Segal- Mr. Joyner joined The Segal Company's Atlanta office in
1978 as an actuarial assistant and was named actuary in 1986. In 1990, he was selected as the
senior actuarial staff member to assist in establishing The Segal Company's Florida office. Mr.
Joyner transferred to West Palm Beach upon its opening and was named vice president in 1993.
He transferred back to the Atlanta office and became Actuarial Manager in 1998. He currently
serves as the senior actuarial consultant to some of Segal's largest governmental clients
including the Texas Municipal Retirement System and the Kentucky Retirement Systems.
Experience Qualifications-Systems References
~ Actuary to the Texas Municipal Retirement System
~ Actuary to the Kentucky Retirement Systems
Experience Qualifications-Selected Other References
~ DeKalb County, Georgia - Actuary to the defined benefit plans
~ City of Birmingham - Actuary to the dermed benefit plans
~ City of Atlanta - Actuary to the general employee pension plans
~ Memphis Light, Gas and Water - Actuary to the pension plan
Experience Qualifications-Testifying
~ DROP Plan Issues - Texas Legislative Committee
~ Unescorted Retirees - Kentucky Legislative Committee
~ Plan'Design Changes - Kentucky Legislative Committee
~ "Ac~arial Requirements" - Georgia Legislative Committee
Speaking Experience
~ "Rates, Ratios and Requirements" - TMRS Training Seminar, October 14, 2004
~ Chairperson Stars and Stripes Conference -June 18-20,2004
~ "GASB 43 Issues" - Florida CUPA Conference, June 15,2004
~ "DROP Issues" - NCPERS Conference, May 5, 2004
~ "Actuarial Issues" - Florida GFOA, May I, 2004
~ George Bush School for Retirement Issues - 2003,2002,2001,2000 1999
* SEGAL
CI'lYOF BOYNTON BEACH, FLORIDA
PROPOSAL TO PROVIDE
PENSION CONSULTING SERVICES
DEBORAH K. BRIGHAM, ASA, MAAA, EA
Vice President and Associate Actuary
Current Position/History with Segal - Ms. Brigham joined The Segal Company's Atlanta
office in 1989 as an actuarial analyst. In 1991, she transferred to the company's Washington,
D.C. office, where she served as the assistant to the Chief Actuary of the firm for over three
years. In 1994, she returned to the Atlanta office and, after a succession of interim promotions,
became an Associate Actuary in 2001. Ms. Brigham became the manager of the Atlanta
Actuarial Department in 2002, and was named Vice President in 2003. She is responsible for
preparing actuarial valuations for multiemployer, corporate and public sector pension plans.
Client Involvement - Ms. Brigham's current responsibilities include reviewing all phases of
actuarial valuations for a number of defined benefit pension plans. She is the designated Enrolled
Actuary for approximately 25 defined benefit pension plans. Ms. Brigham has performed
withdrawal liability calculations for individual employers withdrawing from multiemployer
plans. She has also completed a number of cash flow projections, credit balance projections, and
replacement ratio studies. Clients she has worked with include:
~ Texas Municipal Retirement System
~ City of Birmingham
~ City of Atlanta
~ Greyhound Lines, Inc.
~ Pipeline Industries
~ Texas Ironworkers
~ Memphis Light, Gas and Water Division
Education/Professional Designations - Ms. Brigham earned a Bachelor's degree in
mathematics from Emory University in 1987, and received her Master of Actuarial Science
degree in 1989 from Georgia State University. Ms. Brigham is an Associate of the Society of
Actuaries, a Member of the American Academy of Actuaries and an Enrolled Actuary.
-x- SEGAL
CITY OF BOYNTON BEACH, FLORIDA
PROPOSAL TO PROVIDE
PENSION CONSULTING SERVICES
NATHANIEL JOHNSON, AS A, MAAA
Senior Actuarial Analyst
Current Position/History with Segal - Since joining The Segal Company in 1997 as an
actuarial assistant, Mr. Johnson has been involved in a diverse mix of projects. He has done
actuarial work for annual pension valuations and special projects for pension and healthcare
clients. His specialty in healthcare consulting is prescription drug program analysis. He uses
electronic claims information to analyze the performance of Pharmacy Benefits Managers
(PBMs) in relation to their contracts with clients and in reference to national benchmarks. In
addition, important trends in utilization are analyzed to identify potential problem areas and to
guide possible plan redesign work or vendor negotiations. Clients for these PBM audits have
ranged from 4,000 to 75,000 lives. In all capacities, he utilizes his expertise in statistics, data
management, and computer programming to extract important information from varied data
sources.
Industry Involvement - Special projects he has been involved with include:
~ Developing a custom database for the Texas Municipal Retirement System, allowing them to
explore the cost implications of the 3,000 benefit options available to each of its 700 member
cities.
~ Extensive analytical modeling of the impact of multiple variables on pension costs under
ERISA and GATT for Greyhound Lines.
~ Coordinating an electronic RFP process for a national HMO RFP, including the creation of a
decision support database for selecting vendors for over 150 locations.
Education/Professional Development - Mr. Johnson earned a Bachelor of Science degree in
Mathematics from the University of Georgia. He then attended Georgia State University's
Graduate School of Business where he received a Master of Actuarial Science degree. During his
tenure at Georgia State University, he held an internship at The Segal Company.
He completed requirements for Associate of the Society of Actuaries (AS A) in the fall of 2001.
He will continue working to become a Fellow of the Society of Actuaries (FSA). In addition, he
is taking examinations sponsored by the Joint Board for the Enrollment of Actuaries in pursuit of
the Enrolled Actuary (EA) designation.
* SEGAL
CITY OF BOYNTON BEACH, FLORIDA
PROPOSAL TO PROVIDE
PENSION CONSULTING SERVICES
DAVID P. WORDEN
Actuarial Analyst
Current Position/History with Segal- Mr. Worden joined The Segal Company's Atlanta
office in 2004 as an Actuarial Analyst.
Client Involvement - Me. Worden works on all phases of actuarial valuations and administrative
issues for a variety of multiemployer, public, and corporate clients He has experience working on
IRS and PBGC filings, end-of-year disclosures, and expense and contribution projections, as well
as extensive benefit calculation experience.
Industry Involvement - Before joining The Segal Company, David worked for 4 years for a
retirement consulting firm specializing in corporate retirement plans.
EducationlProfessional Designations - Mr. Worden holds a BA in Mathematics from
University of New Orleans, a BA in Political Science from the University of the South, and
an MS in Actuarial Science from Georgia State. He is currently taking exams given by the
Society of Actuaries and the Joint Board for the Enrollment of Actuaries.
Review Team Meeting
June 22, 2005
11 :00 AM
Pete Mazzella Mark Veil Bill Mummert
#1 Segal Company Segal Company Segal Company
#2 Milliman Aon Consulting Milliman
#3 EFI Actuaries Milliman Aon Consulting
#4 Matthews Consulting EFI Actuaries EFI Actuaries
#5 Aon Consulting Matthews Consulting Matthews Consulting
CITY OF BOYNTON BEACH
RFP - PENSION CONSULTANT
NAME OF BIDDING FIRM:
NAME OF EVALUATOR:
EVALUATION FACTOR 5 4 3 2 1 0
1. Firm's Qualification
Comments:
2. Experience and credentials for each member of their
advisory team, especially the lead advisor
Comments:
3. Experience In local government with similar size
municipalities and similar scopes of work
Comments:
4. Familiarity with Florida, especially the South Florida area
Comments:
5. Strength of References: At least (3) current references
listed, preferably within Florida.
Comments:
EVALUATION FACTOR 5 4 3 2 1 0
6. Location of offices and resources to provide adequate
support
Comments:
7. The firm's understanding of the scope of services and their
proposed approach
Comments:
8. Detailed time schedule is included and appears reasonable
Comments:
9. Cost breakdown and fee structure for ongoing consulting
services
Comments
10. Overall content of the proposal and firm's ability to meet
the scope of services
Comments:
TOTAL SCORE:
ADDITIONAL COMMENTS:
INSTRUCTIONS TO RATERS: Possible points O-S
RATING KEY:
slfJIIJlli/sl'..1J1.. Significantly above criteria expected for successful
performance of services.
4 M(jtBSf'RANlf$JtJi/~t~ot'!!!lfltt: Generally exceeds criteria expected for
successful performance of services.
3 $ifr($j:~;6ti911Y:. Meets criteria expected for successful performance of
services.
2 _lllflll: Generally does not meet criteria expected for successful
performance of services.
1 'III" Significantly below criteria expected for successful performance
of services.
o ,Nst!lFPJjjlililtiNkfJJ:iIIJt;ft/fJ1!/ obtained on which to base a rating.
1
2
3 RESOLUTION NO. R05-
4
5 A RESOLUTION OF THE CITY OF BOYNTON
6 BEACH, FLORIDA, APPROVING THE AWARD OF
7 RFP #037-1410-05/JA TO THE SEGAL COMPANY
8 FOR PENSION CONSUL TING SERVICES;
9 AUTHORIZING THE CITY MANAGER TO
10 EXECUTE AN AGREEMENT BETWEEN THE
11 PARTIES; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, on May 11, 2005, Procurement Services opened and tabulated five
15 (5) proposals to the RFP "Pension Consulting Services"; and
16 WHEREAS, after review and evaluation it has been determined appropriate by
17 staff to recommend award of this RFP to The Segal Company of Atlanta, Georgia whose
18 RFP was overall responsive and responsible proposer; and
19 WHEREAS, upon recommendation of staff, the City Commission of the City of
20 Boynton Beach does hereby approve the award ofRFP No.037-1410-05/JA to The Segal
21 Company of Atlanta, Georgia, Florida.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
25 as being true and correct and are hereby made a specific part of this Resolution upon
26 adoption hereof.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida,
28 hereby approves the award ofRFP No. 037-1410-05/JA to The Segal Company of Atlanta,
29 Georgia, for Pension Consulting Services.
30
Section 3.
That the City Manager is hereby directed to execute a one (1) year
S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Pension Consulting.doc
1 contract with the option to renew the contract at the same terms, conditions and prices for
2 three (3) additional one (1) year periods for Pension Consulting Services between the City
3 of Boynton Beach and The Segal Company of Atlanta, Georgia, a copy of which is
4 attached hereto.
Section 4.
That this Resolution shall become effective immediately.
5
6
7 PASSED AND ADOPTED this
day of July, 2005.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 ATTEST:
26
27
28 City Clerk
29
30 (Corporate Seal)
31
32
33
34
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Pension Consulting.doc
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VI.-CONSENT AGENDA
ITEM 8.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Request~d City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
May 2. 2005 (Noon)
o June 7, 2005
o June 21, 2005
o July 5, 2005
[g] July 19, 2005
May 16,2005 (Noon)
0 April 5, 2005
0 April 19, 2005
0 May 3, 2005
0 May 17,2005
March 14,2005 (Noon,)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18, 2005 (Noon)
June 20, 2005 (Noon)
-^'~~J
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July 5, 2005 (Noo,l11.
/
. ,~.-; -...
~
:. 'I
NATURE OF
AGENDA ITEM
o
[g]
o
o
o
o
i\drrrirUstrative
Consent i\genda
Public Hearing
Bids
i\nnouncement
City Manager's Report
o
o
o
o
o
N
Development Plans .--:
New Business
~::n
i-..J
Presentation
~-'3~
--'f
--:;ro
-rr,
I~>
n
-,-..
-'-
Legal
UnfInished Businegs,.)
'>----...J
RECOMMENDATION: Motion to approve a "piggy-back" bid of Florida i\tlantic University (Fi\U), i\greement No. DPE
92, to asphalt overlay via resurfacing a portion of North Circle Drive (aka NE 17th i\venue) and a portion of South Circle
Drive (flea NE 16th Drive) from NE 3rd Court westward to the Four Sea Suns Condominium, Inc. development line covering
approximately 61,244 square feet, to the fIrm of Driveway Maintenance, Inc., with an estimated expenditure in the amount of
$26,947.36 plus a owner's contingency of 15% in the amount of $4,042.64 for a total project budget appropriation of
$30,990.00.
Further, a Motion to approve a Right-of-Way Improvement and i\bandonment i\greement between the City and the Four Sea
Suns Condominium, Inc., to allow the resurfacing work noted above to be implemented and completed prior to the transfer of
the ownership of the right-of-ways noted above, and the future maintenance responsibility to be asswned by said Four Sea
Suns Condominium, Inc., authorizing the Mayor and City Clerk to execute the i\greement on behalf of the City.
EXPLANATION: Over one year ago, representatives from Four Sea Suns Condominium, Inc. approached City staff to
request that streets internal to their development be resurfaced. Staff met with Four Sea Suns' Board members and advised
the Board that the appropriate pavement maintenance technique would be to place a Microsurface overlay on South Circle
Drive (flea NE 16th i\venue) and North Circle Drive (aka NE 17th i\venue). Members of Four Sea Suns have roadway
engineering experience and requested that the City overlay these streets with bituminous asphalt instead of Micro surfacing.
Board members acknowledged that Microsurfacing was a valid maintenance technique, however they preferred an asphalt
overlay because of its more appealing aesthetic qualities and longer wearing duration, and because the condominiwn board
was considering an asphalt overlay on its private parking areas adjacent to the street.
However, during staff's inspection of the streets, the issue of right-of-way ownership arose because both of these streets'
physical appearance and design is more consistent with an internal parking lot aisle rather than a public street. The street/aisle
is slightly narrower (20 feet) when compared to the City street standard that is a minimwn of 22 feet wide. Furthermore, these
two streets serve nearly 80 parking spaces with direct perpendicular access to the street, exactly like in a parking lot.
To address this matter, staffs research found that both streets are in fact platted as public roadways, despite the fact that they
serve this development only and in a manner more consistent with an internal parking lot aisle. Furthermore, staff found that
at one time, NE 17th i\venue was continuous from Four Sea Suns westward to intersection ofNE 2nd Lane. In the late 1990's,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Four Sea Suns coordinated the closure ofNE 17th Avenue at the westerly property line of the condominium as part of a City
sponsored Neighborhood Services landscape enhancement project. This action has further isolated Four Sea Suns
development and further suggests that the two referenced roadways serve more of a private benefit than a public interest.
As part of City staffs communications with the Four Sea Suns Board, staff suggested that the City would entertain resurfacing
these streets, at City expense, using the more costly approach of an asphalt overlay. However, to justify the added and
unnecessary expense, staff asked that Four Sea Suns consider accepting future ownership and maintenance responsibility of
North Circle Drive (aka NE 17th A venue) and South Circle Drive in exchange for the asphalt overlay instead of the
Microsurfacing process. The Four Sea Suns Board has authorized the acceptance of these rights-of-way.
In order to complete this process, it is necessary for the City Commission to approve both the attached Right-of-Way
Improvement and Abandonment Agreement with Four Sea Suns that transfers ownership jurisdiction of the streets and also
approve award of the construction contract to Driveway Maintenance Inc. A copy of the Right-of-Wav Improvement and
Abandonment Agreement is attached for your ratification.
PROGRAM IMPACT: Elimination of the future need to maintain these two (2) roadway segments once the abandonment
procedure has been completed.
FISCAL IMPACT: Funds are available in the Transportation portion of the City's Capital Improvement Program.
AL TERNA TIVES: The City will be required to continue maintaining those roadways on a regular cycle basis, which only
serves this condominium association; no public "thru " streets are connected to the r adways cited above.
O~0:il$;(2ahrr'
City Manager's Signature
Public Works I Engineering Division
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
<lI'","",'.wI/;;~___.,,.;,,,.-....,,"........-...,,,,,.,,.._
PROPOSAL
09-050837
S. Palm Beach Office . 5770 G. Coach House Circle
Riviera Beach Office 1410 Avenue E. . Mail To: P.O. Box 10328. Riviera Beach, FL 33419
Riviera Beach/N. Palm: (561) 848-4004. South Palm Beach: (561) 842-8181
BocalDelray Beach: (561) 265-1355. Jupiter: (561) 575-3348
6/21/2005
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0130
NE 17th Street, NE 3rd Court and
Circle Drive South
315 Circle Drive South
Boynton Beach, FL
(561) -742-6587
FAX. (561)-742-6285
ATTENTION:
George Mantell
As per directions to perform the following work:
OVERLAY: Approximately 61,244 Square Feet.
1. Clean area to be overlaid.
2. Tack area to be overlaid with RC-70 primer tack.
3. Install 1" average overlay of hot plant mixed asphalt,
Type S-IIL
4. Roll and compact with a 3-5 ton roller.
5. Remove and haul away any related debris from site.
**AS PER FAU AGREEMENT FOR SERVICES:
2ROXIMATELY 61,244 SQUARE FEET AT $0.44 PER SQUARE FOOT
$26,947.36
**OVERLAY TO BE COMPLETED IN ONE (1) MOBILIZATION.
**THIS CONTRACTOR CANNOT GUARANTEE THE ELIMINATION OF STANDING WATER.
**THIS CONTRACTOR WILL NOT BE RESPONSIBLE FOR DAMAGES CAUSED TO OR BY
CARS OR PERSONS TRESPASSING IN DESIGNATED AREAS.
**PERMIT FEES, PROCUREMENT FEES AND ANY ADDITIONAL WORK REQUIRED BY THE
PERMIT WILL BE AN EXTRA COST TO THE CUSTOMER.
WE PROPOSE to furnish labor and material - complete in accordance with above specifications, and subject to
conditions stated herein. for the sum of:
** TWENTY SIX THOUSAND NINE HUNDRED FORTY SEVEN DOLLARS AND 36 CENTS **
WITH PAYMENTS TO BE MADE AS FOllOWS:
NET UPON COMPLETION
. Not responsible for any damage to underground utilities. .
. A Certificate of Insurance will be issued upon request prior to commencement of work. .
ACCEPTED: Tho above prtces. spoclftcallons and condlUons are saUsfadory and All matortalls guarantGOO to bll as specIIkld. AIl work Is to be completed In a
are hereby accepted. You are authorlzed to do the work as speclIIed. Payl119nl workmanll<e maMer aa:orcIl'lQ to standald pracllces. MY alleraUon or
wlH bll made as outlined above. devlallon from above specIIlCBIIons InvoMng extra costs, wlU bll exeafed only
upon wrlllen orderS, and wHI beCOmIl an extra chaJg9 over and above the
estlmale. All ajJeenlElnls conllngent upon strikes. aix:ldenls or delays bllyond
our control. OWner to carry fire. tomadO and other necessary Insurance upon
above work. Our workers are CO\I9I9d by Workmen's CoJl1lllllsallon Insurance.
ACCEPTANCE OF PROPOSAL
tlJl"" Al,;l,;tPI ANl;c
DRIVEWAY MAINTENANCE INC.
PRtNTflME
S1GNA1\JRE
lTll.E
x
JEFF COHEN
RIGHT-OF-WAY IMPROvEMENT
AND ABANDONMffiNTAGREEMffiNT
THIS IS AN AGREEMffiNT, dated the _ day of
between:
, 2005, by and
THE CITY OF BOYNTON BEACH, a municipal corporation, organized and
operating under the laws of the State of Florida, with a business address of 100 E.
Boynton Beach Boulevard, Boynton Beach, Florida 33425, hereinafter referred to
as "CITY";
and
FOUR SEA SUNS CONDOMINIUM, INC. a Florida not-for-profit corporation,
authorized to do business in the State of Florida, with a business address of 1800
NE 3rd Court, Boynton Beach, FL 33435, hereinafter referred to as "OWNER".
WITNESSETH
WHEREAS, OWNER is a condominium association located that owns property adjacent
to North Circle Drive, a/k/a NE 17th Avenue and South Circle Drive, a/k/a NE 16th Avenue in the
City of Boynton Beach; and
WHEREAS, the CITY currently maintains that portion of North Circle Drive and South
Circle Drive adjacent to OWNER's property that is more particularly described in Exhibit "A",
hereinafter referred to as (the "Property"), which is attached hereto and incorporated herein by
reference; and,
WHEREAS, OWNER desires to obtain ownership and all maintenance responsibility for
the Property; and
WHEREAS, in return for the OWNER accepting ownership and maintenance
responsibility for the Property, CITY intends to resurface the Property with a one inch (1 ")
asphalt overlay and other public improvements, as described in the Scope of Work attached
hereto as Exhibit "B", and incorporated herein by reference, (hereinafter referred to as the
"Improvements");
WHEREAS, the parties hereto have concluded that the most efficient manner in which to
achieve the purposes and goals set forth above would be through the entering of this Agreement;
and,
Page 1 of9
NOW, THEREFORE, in consideration of the mutual promises contained herein and
Ten and no/lOO ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1.0 The aforesaid recitals are true and correct and ar~ incorporated herein.
2.0 PUrDose. The purpose of this Agreement is to provide for the CITY's completion of
Improvements to the Property in the City of Boynton Beach and the transfer of ownership
and maintenance responsibility for the Property from the CITY to the OWNER.
3.0 Scope of Work. The CITY shall commence, and complete the project as described
in the Scope of Work attached hereto as Exhibit "B" with all practical dispatch, in a
sound, economical, and efficient manner, and in accordance with the provisions herein,
and all applicable laws. The project will be performed in accordance with all applicable
procedures established by the CITY, Palm Beach County, and the State of Florida, which
by this reference is made a part hereof as if fully set forth herein.
4.0 Time. CITY shall be responsible for all work described in the Scope of Work, which is
attached hereto as Exhibit "B", and incorporated herein by reference. CITY shall
complete all of the Improvements by , 2005. In the event the
CITY will not be. able to complete the Improvements by
2005, the CITY shall provide OWNER with notice of the revised completion date as soon
as practicable.
5.0 Abandonment of Property. Following completion of the Improvements, CITY shall
commence the process to effectuate the abandonment of the Property in conformance
with the requirements of the City's Code of Ordinances and the laws of the State of
Florida, subject to the retention of any easements required to access public facilities
including, but not limited to water, sewer, electricity lines, cable television, and other
public purposes. In accepting the Property, the OWNER shall assume all responsibility
and liability for the maintenance, repair, and improvement of the Property from the time
ofthe abandonment in perpetuity.
6.0 Indemnification. Insurance. and Bondin!!. The OWNER agrees to indemnify and hold
harmless the CITY, its trustees, elected and appointed officers, agents, servants and
employees, from and against any and all claims, demands, or causes of action
whatsoever, and the resulting losses, costs, expenses, reasonable attorneys' fees,
liabilities, damages, orders, judgments, or decrees, sustained by the CITY or any third
party arising out of, or by reason of, or resulting from the OWNER's negligent acts,
errors, or omissions related to the performance of obligations pursuant to this
Agreement.
CITY is a state agency or subdivision as defined in Chapter 768.28, Florida Statutes, and
agrees to be fully responsible for acts and omissions of its agents, contractors, or
employees to the extent permitted by law. Nothing herein is intended to serve as a
waiver of sovereign immunity by the CITY. Nothing herein shall be construed as
Page 2 of9
consent by the CITY to be sued by third parties in any matter arising out of this
Agreement or any other contract.
7.0 Temporary Construction Easement. OWNER agrees to grant CITY a temporary
construction easement over a portion of OWNER's property to be used by CITY, or its
contractor during the construction of the Improvements described in Exhibit "B", which
is attached hereto. CITY shall provide OWNER with a temporary construction easement
for execution no later than thirty (30) days prior to the commencement of construction
activities. In consideration of the execution of the temporary construction easement, the
CITY shall ensure that all of the OWNER's property disturbed by CITY in the
performance of the installation of the Improvements is returned to its original condition
by CITY as of the date CITY commenced such use, at the CITY's own cost.
8.0 Default. In addition to the other remedies which CITY may have specifically set forth in
this Agreement in the event of OWNER's default, CITY shall be entitled to equitable
relief to enforce the terms and conditions of this Agreement either through a decree for
specific performance or injunctive relief.
9.0 Notice. Any notice, request, demand, instruction or other communication to be given to
either party hereunder, except where required to be delivered at the Closing, shall be in
writing and shall be hand delivered or sent by Federal Express or a comparable over-
night mail service, or mailed by U.S. Registered or Certified Mail, return receipt
requested, postage prepaid, to CITY, OWNER, CITY's Attorney and OWNER's
Attorney, at their respective addresses listed below, or by facsimile transmittal with a
receipt certifying delivery:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425
Telephone No. (561) 742-6060
Facsimile No. (561) 742-6090
Copy To: James Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4900
Facsimile No. (954) 771-4923
Owner: Fou~ &E:Po. SUNS Cnt-JucJ\'\ i NOiV\
~~i-.VE~~~l~T .
-gC'l NTON ~H', L 3-3<.\-3S
Telephone No. S~ I 73 z.. ~-Z
Facsimile No. St.-.,( 732 ~<Cf1 Z.
Page 3 of9
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Notice shall be deemed to have been given upon receipt of said notice. The addressees
and addresses for the purpose of this paragraph may be changed by giving notice. Unless
and until such written notice is received, the last addressee and address stated herein shall
be deemed to continue in effect for all purposes hereunder.
10.0 Assi2nment. The Contract shall not be assignable by either party.
11.0 Miscellaneous.
11.1 Counterparts. This Agreement may be executed in any number of
counterparts, anyone and all of which shall constitute the contract of the parties.
The paragraph headings herein contained are for the purposes of identification
only and shall not be considered in construing this Agreement.
11.2 Amendment. No modification or amendment of this Agreement shall be of any
force or effect unless in writing executed by both OWNER and CITY.
11.3 Attornevs' Fees. If any party obtains a judgment against any other party by
reason of breach of this Agreement, attorneys' fees and costs shall be included in
such judgment.
11.4 Governin2 Law. This Agreement shall be interpreted in accordance with the
laws of the State of Florida, both substantive and remedial.
11.5 Entire A2reement. This Agreement sets forth the entire agreement between
OWNER and CITY relating to the Property and all subject matter herein and
supersedes all prior and contemporaneous negotiations, understandings and
agreements, written or oral, between the parties.
11.6 Computation of Dates. If any date computed in the manner herein set forth falls
on a legal holiday or non-business day or non-banking day, then such date shall
be extended to the first business day following said legal holiday or non-business
day or non-banking day.
11.7 Time is of the Essence. Time is of the essence and failure of the CITY to
exercise the option granted hereby on or before the Option Acceptance Date shall
cause this Agreement to terminate and be of no further force or effect. The
provisions herein contained shall be strictly construed for the reason that both
parties intend that all time periods provided for in this Agreement shall be strictly
adhered to.
11.8 No Recordin2. Neither this Agreement nor any notice or memorandum hereof
shall be recorded in the public records of any county in the State of Florida.
11.9 Interpretation. Should any term or provision of this Agreement be subject to
judicial interpretation, it is agreed by OWNER and CITY that the court
interpreting or construing the same shall not apply a presumption that the term or
provision shall be more strictly construed against the party who itself or through
Page 4 of9
its agents and attorneys of each party have participated in the preparation of the
terms and provisions of this Agreement and that all terms and provisions have
been negotiated.
11.10 Captions. Headin2s. Etc. Captions, headings, section and subsection numbers in
this Agreement are for convenience and reference only, and shall have no effect
upon the meaning of any of the terms or provision herein.
11.11 Waiver. Failure of either party to insist upon compliance with any term or
provision hereof shall not constitute a waiver thereof, and no waiver of any term
or provision of this Agreement shall be effective unless it is in writing and signed
by the party against whom it is asserted. Any waiver of any term or provision of
this Agreement shall only be applicable to the specific term or provision and
instance to which it is related, and shall not be deemed to be a continuing or
future waiver as to such term or provision or as to any other term or provision.
11.12 No Third Party Beneficiary. The terms and provisions of this Agreement are for
the exclusive benefit of OWNER and CITY, and not for the benefit of any third
party, and this Agreement shall not be deemed to have conferred any rights,
express or implied, upon any third party.
11.13 Additional Documents. The PARTIES hereby agree from time to time to
execute and deliver such further documents and do all matters and things which
may be convenient or necessary to more effectively and completely carry out the
intentions of this Agreement. OWNER hereby represents to CITY, with full
knowledge that CITY is relying upon these representations when entering into
this Agreement with OWNER, that OWNER has sole interest in the Property and
that no other person, entity, or mortgagee has any interest in said Property.
11.14 Le2a1 Representation. It is acknowledged that each party to this Agreement
had the opportunity to be represented by counsel in the preparation of this
Agreement, and accordingly, the rule that a contract shall be interpreted strictly
against the party preparing same shall not apply due to the joint contribution of both
PARTIES.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
Page 5 of9
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IN WITNESS WHEREOF, the PARTIES hereto have made and executed this Agreement
on the respective dates under each signature: the CITY through its City Commissioners, signed by
and through its Mayor, authorized to execute same by City Commission action on the _ day of
, 2005, and OWNER, by and through the undersigned officers duly
authorized to execute same.
CITY
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
BY:
MAYOR JERRY TAYLOR
JANET PRAINITO, CITY CLERK
APPROVED AS TO LEGAL FORM:
OFFICE OF THE CITY ATIORNEY
WITNESSES:
OWNER - /'~
FoUR. ~E"A <Su N ~ \..O,..:>'(x) "^ IN t () en .
l\S~JtA110N;":+=N c. , a Florida
not-for-profi{ corporation c
BY:
STATE OF r::'erld;)
COUNTYOF-Po..-trA ~~
BEFORE ME, an Officer. du1y auth}>rized by law t~ _ ~~ster oaths and take
acknowled!@ents a eared V-l-Ct4;' I E Will h <; t1-Y\ '
who is .ersonally known to me.. or who has ~rovided . .. as
iden~fica O. .~ ac ~w ge s e executed the foregoing Agreement for the use and purposes
1Pe~.l1oned '"'" It and IS dnly anthorized to execute the foregoing Agreement on behalf of
'i~fA. ~.I/hS .
Page 6 of9
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this J.. n It day of. 2005.
NOTARY PUBUC.STA.TE OF nORIDA
~ Stephanie Perella
Commission I D0417211
Expires: APR.. 111 J~ooP
BM~ 'fhN AtJiYlda IoIldtlt w.,1Ilao
My Commission Expires:
DNT:dnt
h:\1990\900182.bb\agrnt\four sea suns agreement.doc
Page 7 of9
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EXHIBIT "AD
PARCEL 1
BEING A PORTION OF THE 30.00 FOOT WIDE RIGHT OF.WAY OF SOUTH CIRCLE DRIVE
AS LAID OUT AND IN USE LYING IN LOT 20, SAM BROWN JR'S HYPOLUXO
SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 20, AS SAME IS SHOWN ON SAID PLAT,
RUN THENCE NORTH 02'04'20" WEST ALONG THE WEST LINE OF SAID PLAT, A
DISTANCE OF 30.02 FEET; THENCE NORTH 89'59'35" EAST, A DISTANCE OF 495.63
FEET; THENCE SOUTH 00'00'25" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON
THE SOUTH LINE OF SAID LOT 20; THENCE SOUTH 89"59'35. WEST ALONG SAID SOUTH
LINE OF LOT 20, A DISTANCE OF 494.55 FEET TO THE POINT OF BEGINNING.
TOGETHER WI TH
PARCEL 2
BEING A PORTION OF THE 60.00 FOOT WIDE RIGHT OF WAY OF NORTH CIRCLE DRIVE
AS LAID OUT AND IN USE LYING IN LOT 22, SAM BROWN JR'S HYPOLUXO
SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 20, AS SAME IS SHOWN ON SAID
PLAT, RUN THENCE NORTH 02'04'20. WEST ALONG THE WEST LINE OF SAID PLAT, A
DISTANCE OF 319.11 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22 AND THE
POINT OF BEGINNING; THENCE CONTINUE NORTH 02'04'20. WEST ALONG SAID WEST
LINE, A DISTANCE OF 60.04 FEET; THENCE NORTH 89'59'35. EAST, A DtSTANCE OF
500.21 FEET; THENCE SOUTH 00'00'25. EAST, A DISTANCE OF 60.00 FEET TO A
POINT ON THE SOUTH LINE OF SAID LOT 22; THENCE SOUTH 89"59'35" WEST ALONG
SAID SOUTH LINE OF LOT 22. A DISTANCE OF 498.05 FEET TO THE POINT OF
BEGINNING.
LEGAL DESCRIPTION
SURVEYOR'S NOTES
THIS SKETCH OF LEGAL DESCRIPTION IS NOT A SURVEY AND IS NOT VALID WITHOUT
THE SIGNATURE AND RAISED SEAL OF PROFESSIONAL SURVEYOR AND MAPPER TIMOTHY
M. SMITH. FLORIDA CERTIFICATE NUMBER LS 004676.
BEARINGS SHOWN HEREON ARE REFERENCED TO THE WEST LINE OF SAM BROWN JR'S
HYPOLUXO SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA. HAVING A BEARING OF NORTH 02'04'20. WEST.
NOT A SURVEY
TIMOTHY M. SMITH
LAND SURVEYING, INC.
103 SUNFLOWER STREET
ROYAL PALM BEACH. FL 33411
(561) 602-8160
LB #6865
SHEET 1 OF 2
T MOTHY M. SMtTH, P.S.M.
FLORIDA CERTIFICATE NO. 4676
SCALE: N/A
SKETCH OF LEGAL
DESCRIPTION PROPOSED
ROAD ABANDONMENT
DATE: JAN 2005
DIRECTORY: BOYNSUNS
FIELD BOOK: N/A
DWG NO.: SUNSSKOl
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POINT OF
COMMENCEMENT
PARCEL 2
SW CORNER
LOT 20
SAM BROWN JR'S
HYPOLUXO SUBDIVISION
PLAT BOOK 1 PAGE 81
TIMOTHY M. SMITH
LAND SURVEYING,INC.
103 SUNFLOWER STREET
ROYAL PALM BEACH, FL 33411
(561) 602-8160
LB. #6865
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LOT 23
LOT 22
N89.S9'3S"E
SOO . 21 '
PARCEL 2
PORTION OF N CIRCLE DRIVE
S89'59'35"W 498.05'
S LINE LOT 22
LOT 21
N89.S9'35"E 495.63'
PARC L 1
PORTION OF S CIRCLE DRIVE
S89' 59' 35 "w 494. S5 '
S LINE LOT 20
28
27
26
LOT 19
BOYNTONBOROUGH
PLAT BOOK 25 PAGE 174
NOT A SURVEY
SKETCH OF LEGAL
DESCRIPTION PROPOSED
ROAD ABANDONMENT
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SW CORNER
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SAM BROWN JR' S ,
HYPOLUXO SUBDIVISION
PLAT BOOK 1 PAGE 81
SAM BROWN JR'S
HYPOLUXO SUBDIVISION
PLAT BOOK 1 PAGE 81
LOT 20
NE 17TH
AVENUE
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SCALE: 1"=100'
21
DATE:
JAN 2005
DIRECTORY:
FIELD BOOK:
BOYI
:;
N/A
DWG NO.: SUNSSKO 1
EXHIBIT "B"
Scope of Improvements to
North Circle Drive (f/kIa N.E.17th Avenue) and
South Circle Drive
Prepare existing alphaltic surfaces to be overlaid, including elimination of any "pot holes" to
allow for the new surface course.
Adjust all water main valves and wastewater system manholes to allow for the overlay course~
stormwater structures will be evaluated on an individual basis for any adjustment.
Overlay area delineated in Exhibit "A" with a one inch (1") asphaltic concrete overlay surface
course.
Re-stripe all parking spaces and pavement markings overlaid with applicable similar markings
and line striping in accordance with city standards~ reset any and all wheel stops removed for the
overlay surface course in accordance with city parking standards.
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RESOLUTION NO. R 05-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF A RlGHT-OF-
WAY IMPROVEMENT AND ABANDONMENT
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE FOUR SEA SUNS CONDOMINIUM,
INC.; AND PROVIDING AN EFFECTIVE DATE.
12
WHEREAS, in order to allow resurfacing work to be completed prior to transferring
13
the ownership of the right-of ways and future maintenance responsibility to be assumed by the
14
Four Sea Suns Condominium, Inc., a Right-of-Way Improvement and Abandonment
15
Agreement has been created; and
16
WHEREAS, upon recommendation of staff, the City Commission has determined that
17
it is in the best interests of the residents of the City to execute aRight -of-Way Improvement
18
and Abandonment Agreement with The Four Sea Suns Condominium, Inc.
19
20
21
22
23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24
being true and correct and are hereby made a specific part of this Resolution upon adoption
25
hereof.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 hereby authorize the execution of the Right-of-Way Improvement and Abandonment
28 Agreement with The Four Sea Suns Condominium, Inc., a copy of which is attached hereto as
29 Exhibit "A".
30
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~~
25
PASSED AND ADOPTED this _ day of July, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\CA\RESO\Agreements\License Agreement - LWCS.doc
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VI.-CONSENT AGENDA
ITEM 8.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
May 2, 2005 (Noon)
o June 7, 2005
o June 21, 2005
o July 5, 2005
l8'l July 19,2005
May 16.2005 (Noon)
0 April 5, 2005
0 April 19,2005
0 May 3, 2005
0 May 17,2005
March 14, 2005 (Noon.)
April 4,2005 (Noon)
June 6, 2005 (Noon)
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April 18,2005 (Noon)
June 20, 2005 (Noon)
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July 5, 2005 (Noon) [--
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NATURE OF
AGENDA ITEM
o Administrative
l8'l Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
0 J:=a
Development Plans ~~;.:
0 New Business co
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D Legal .,"
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0 Unfmished Business
0 Presentation
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RECOMMENDATION: A motion to negotiate a contract with each ofthe four firms for the "LANDSCAPE
ARCHITECT CONSULTANT SERVICES", RFQ #040-2730-05/CJD: GLA TTlNG JACKSON; RMPK GROUP;
PBS&J; and LAND STEWARDSHIP.
EXPLANATION: On May 24, 2005, Procurement Services opened and tabulated (9) nine proposals to our RFQ,
"LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES". An evaluation committee was formed and
reviewed all proposals. The Committee consisted of: Wally Majors, Recreation! Parks Director; Ginny Shea, Art
Center Marketing Promotion; Barbara Meacham, ParkslLand Planner; and Jody Rivers, Parks Superintendent. A
numerical scoring system was utilized to evaluate each proposal against requirements established in the RFQ. All the
proposals were ranked based upon the evaluation criteria. Attached is the ranking sheet. It was a unanimous vote
that GLATTING JACKSON, RMPK GROUP, PBS&J AND LAND STEWARDSIDP were the most responsive
responsible consultants that met all criteria.
PROGRAM IMPACT: The four firms selected will work on a rotational Basis as needed, depending on the scope of
work.
FISCAL IMPACT: ACCOUNT DESCRIPTION: ACCOUNT
~CAPEARcmTECTCONSULTANT ~
~'"'t to the Fio,nee Dn-eel", City M"",g"'i;J" Sigoatme
F/,yFlNC'i/ P/U>CnR fir>?f'/)/'r ~-
epartment Name City Attorney / Finance / Human esources
Cc: lody Rivers - Parks Superintendent
Wally Majors - Director of Recreation and Parks
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
RECREATION & PARKS DEPARTMENT
MEMORANDUM NO. 05-73
TO:
Mary Munro, Budget Coordinator
Jody Rivers, Parks Superintende~
June 27,2005 (j
FROM:
DATE:
SUBJECT:
Selection of Landscape Architect Consultant - Agenda Request
Working with Carol, we advertised Requests for Qualifications for Landscape Architecture services. We
received nine (9) proposals and ranked eight (8). The selection committee was Wally Majors, Ginny Shea,
Barbara Meacham and I. We have narrowed the selection of Landscape Architectural Consultants to four (4)
firms that we would like to place on contract with the City to use on an as needed basis. The ranking sheet is
attached.
From what I understand, the next step is to request authority from the City Commission to negotiate a contract
with each firm. Following completion of successful negotiations, we return to the Commission for
authorization to enter into the contracts. The Commission may want presentations by the firms at that time.
The four (4) firms that we have selected are:
Glatting Jackson
RMPK Group
PBS&J
Land Stewardship
According to Carol, she will develop the agenda item request. Please let me know if you need any additional
information.
Thank you.
JR/
c:
Wally Majors, Director of Recreation and Parks
RE ev
, t:1'
, ~
JUN 27 2005
Attachment
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.l. a..o.J\.d b.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March ]4,2005 (Noon.) D June 7, 2005 May ]6,2005 (Noon)
D Apri] 19, 2005 April 4, 2005 (Noon) D June 2], 2005 June 6, 2005 (Noon)
D May 3, 2005 April ]8,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) /gj July] 9,2005 July 5,2005 (Noon)
D Administrative D Development Plans
NATURE OF r8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION:
Motion to keeD this item on the table until AUGust 2. 2005 due to
the fact that staff is still reviewing the cost impact of the
agreements.
EXPLANATION: On April 21, 2005, the South Central Regional Wastewater Treatment & Disposal
Board held its Regular Quarterly Annual meeting. At that time, the Board took
action on items that are now before the City Commission for ratification. This
City Commission ratification is the confirmation process for the action taken by
the S.C.R.W.T.D. Board.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Not ratify their action
~ Yn. ~fc
Department Head's SIgnature
~~
ity Manager's Signature
City Clerk's Office
City Attorney I Finance I Human Resources
S:\CC\WP\CCAGENDA\Agenda Request MemoS\Agenda Item Request - SCRWTD - 05-17-05 - revised for 7-19-05 meeting.dot
VI.-CONSENT AGENDA
,
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turncd
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) [gJ June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF [gJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION:
Request postponement of the ratification of the action of the
South Central Regional Wastewater Treatment &. Disposal Board
until July 5, lOOS. '11 \ tt' 0'.:- VA
EXPLANATION: On April 21, 2005, the South Central Regional Wastewater Treatment & Disposal
Board held its Regular Quarterly Annual meeting. At that time, the Board took
action on items that are now before the City Commission for ratification. This
City Commission ratification is the confirmation process for the action taken by
the S.C.R.W.T.D. Board.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES:
Not ratify their action
~~atu"
City Attorney / Finance / Human Resources
City Clerk's Office
S:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request- SCRWTD - Revised for 06-07-05 Meeting.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
-f;i-'" '
OTY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.4.
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed
Meetin~ Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office
0 April 5, 2005 March ]4, 2005 (Noon) r8J June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 2],2005 June 6, 2005 (Noon)
0 May 3, 2005 April] 8,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 . May 2,2005 (Noon) 0 July] 9, 2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF r8J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing '0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION:
Request postponement of the ratification of the action of the
South Central Regional Wastewater Treatment &. Disposal Board
until July 5, 2005. _
EXPLANATION: On April 21, 2005, the South Central Regional Wastewater Treatment & Disposal
Board held its Regular Quarterly Annual meeting. At that time, the Board took
action on items that are now before the City Commission for ratification. This
City Commission ratification is the confirmation process for the action taken by
the S.c.R. W.T.D. Board.
PROGRAM IMPACT: None
FISCAL IMPACT:, None
ALTERNATIVES: Not ratify their action
& 'IJJ ~
.-f.' .
Department Head's SIgnature
Jk-~
City Manager's Signature
City Clerk's Office
City Attorney / Finance / Human Resources
~'\CC\wP\CCAGENDA\Agenda Request Memos\Agenda Item Request - SCRWlD _ Revised for 06-07-05 Meeting.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Ros-a€>7 ,~'-
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF April 21, 2005
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 21, 2005 by a vote of 8-0 approve AUTHORIZATION FOR THE CHAIRMAN TO
SIGN THE INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE OF RECLAIMED
WATER WITH BOYNTON BEACH. EFFECTIVE AS OF OCTOBER 1, 2005.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action
independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
D- day of M A'( , 3l()of;;" , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
....,
Approved as to form:
-L.
City Attorney
R05-0B7
INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE
OF RECLAIMED IRRJGATION WATER
THIS AGREEMENT entered into between SOUTH CENTRAL REGIONAL
W ASTEW A TER TREATMENT AND DISPOSAL BOARD, with a mailing address of 1801
North Congress Avenue, Delray Beach, Florida 33445, hereinafter called "BOARD," and the
CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of _
, Boynton Beach, Florida
, hereinafter called "BOYNTON
BEACH."
WIT N E SSE T H:
WHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment
System which is capable of producing reclaimed water which may be used for productive and
beneficial purposes for agricultural and urban irrigation in accordance with local, state and
federal guidelines; and
WHEREAS, the BOARD is a Special District created by Interlocal Agreement between
BOYNTON BEACH and the City of Delray Beach for the purpose oftreating wastewater
produced by the customers of BOYNTON BEACH and the City ofDelray Beach, as well as
producing reclaimed water therefrom .and distributing the same to BOYNTON BEACH and the
City of D elra:yB each for redistribution to their customers; and
WHEREAS, BOARD agrees to deliver reclaimed water and BOYNTON BEACH agrees
to receive and beneficially use this reclaimed water for the purposes set forth in this Agreement;
and
WHEREAS, local governments are encouraged to implement programs for the use of
reclaimed water by the State of Florida; and
WHEREAS, BOARD has determined to assist the citizens of the BOARD's regional area
who utilize large quantities of groundwater by making available reclaimed water as an alternative
source of water supply; and
WHEREAS, BOARD operates a reclaimed water program approved by the Department
of Environmental Protection.
NOW THEREFORE, based upon the foregoing, the parties agree to the following terms
and conditions:
1. TERM OF AGREEMENT, COSTS AND METERING
BOARD shall deliver and BOYNTON BEACH shall accept and use
reclaimed water to fulfill their irrigation needs, produced by BOARD at the South Central
Regional Wastewater Reclaimation Plant unless the flow is unavailable. Such water shall be
delivered to location(s), hereinafter the "delivery point," as described in Exhibit "A" BOARD
shall perform its obligations of delivery of reclaimed water and BOYNTON BEACH shall
perform its obligation of acceptance of such water as herein provided.
(a) This Agreement shall be effective until terminated by either party.
(b) The BOARD will make available to BOYNTON BEACH up to
fifty percent (50%) ofthe reclaimed water produced by the Regional Facility.
"'.~
( c) BOYNTON BEACH will pay to the BOARD a monthly
....'.-;;
consumption charge which will be adjusted annually effective October 1 of each year based upon
the rate set by the BOARD. Notwithstanding the foregoing, in order to meet the fixed overload
of the reuse system during the initial year of operation, BOYNTON BEACH, the BOARD and
the City of Delray Beach each will need to guarantee a minimum purchase per month.
-2-
Accordingly, BOYNTON BEACH agrees to pay a minimum of Eighteen Thousand Six Hundred
Dollars ($18,600.00) per month regardless of the consumption charge for the volume of
reclaimed water actually received being lower than minimum purchase during the first year of
this Agreement, with the minimum purchase to be adjusted annually thereafter by the parties. To
the extent that the BOARD sha]] incur a deficit in its reclaimed water revenues compared to the
cost of producing same, BOYNTON BEACH agrees to pay to the BOARD fifty percent (50%) of
such deficJt.
(d) BOYNTON BEACH acknowledges that the BOARD has other
large users of reclaimed water, which currently have contracts with the BOARD. The BOARD
wi]] supply its reclaimed water customers based on their contract priority and their beneficial use
of the water should a shortfall of supply occur.
2. USE OF RECLAIMED WATER: RESPONSIBllJTY FOR IRRlGATION
SYSTEM
(a) BOYNTON BEACH shall use reclaimed water delivered by the
BOARD for irrigation or for other non-potable purposes in any manner determined by
BOYNTON BEACH, except that use, application and discharge of reclaimed water shall comply
with local, state, and federal regulations.
"'.
(b) BOYNTON BEACH shall be solely responsible for the operation
and main;tenance of all portions of the distribution and irrigation system located within the
subject property boundaries specified in Exhibit "A," attached herewith.
3. WATER QUALITY
BOARD agrees that reclaimed water delivered under this Agreement shall
-3-
meet or exceed the requirements of Chapter 62-610, Part ill, Florida Administrative Code and the
standards set fbrth in Exhibit "B."
4. VOLUME OF DELIVERY
The normal operating pressure range for the reclaimed water system is
between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a
minimum pressure of 60 psi at point of delivery. Should BOYNTON BEACH wish to alter the
reclaimed water operating delivery pressure, it shall be BOYNTON BEACH'S sole
responsibility to furnish and install a pressure reducing valve or booster pump on the property
side of the meter service. Reclaimed water shall be delivered by the BOARD to only one
delivery point as mutually determined by the BOARD and BOYNTON BEACH. BOYNTON
BEACH will be responsible for distribution on its property beyond said point. BOYNTON
BEACH hereby provides a license to the BOARD to enter on BOYNTON BEACH'S property
for the purposes of access to monitoring wells, if applicable for inspection, and to determine
compliance of the use of reclaimed water of the distribution system. The BOARD will, at its
expense, construct, operate, and maintain the transmission lines to the delivery point.
BOYNTON BEACH shall not request more reclaimed water than can be beneficially used by
BOYNTON BEACH.
5. DELNERY OF RECLAIMED WATER UNDER ADVERSE
......;.
CONDItIONS
Unforeseen circumstances may necessitate modification of nonnal
delivery of reclaimed water. If BOARD'S system or BOYNTON BEACH'S transmission or
distribution system fails for reasons or events beyond either party's control; then, delivery of
-4-
reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD
and BOYNTON BEACH shall make all reasonable efforts to make prompt repairs to its
respective system. Each party shall be obligated to the other to provide immediate oral notice of
such failures so that alternate systems may be put into operation as Soon as possible. Nothing in
this agreement shall require the interconnection of the South Central Regional Wastewater
Reclaimation Plant to provide additional flow to BOYNTON BEACH.
6. TEMPORARY SUSPENSION OF DELIVERY
The BOARD may suspend delivery of reclaimed water should the quality
of the reclaimed water exceed any of the parameters for water quality shown on Exhibit "B."
Nothing in this Agreement shall prevent BOYNTON BEACH from keeping a pennitted backup
supply to replace this reclaimed water should it become unavailable for whatever reason.
7. OPERATION AND MAINTENANCE PRACTICES
BOYNTON BEACH will apply reclaimed water in accordance with all
appropriate local, state, and federal rules and regulations. Irrigation practices are to be limited to
those areas pennissible by the Department of Environmental Protection and identified in Exhibit
"A" of the Agreement.
Reclaimed water: irrigation systems shall protect human health and the
environment; which includes, but is not limited to, the following:
(a) BOYNTON BEACH shall install Reclaimed Water advisory signs
as appropriate. The signs shall be installed and properly maintained by BOYNTON BEACH
around sites utilizing reclaimed water to designate the nature of the water and its non-potability.
In compliance with applicable rules and the following items:
-5-
Property access points
Along road frontage
Along adjoining residential usage
For (Spanish) speaking employees - use sign in Spanish
For golf courses - sign at first and tenth tee
(b) BOYNTON BEACH will take reasonable precautions to clearly
identify reclaimed water irrigation systems to prevent inadvertent human consumption.
(c) BOYNTON BEACH shall ensure that no cross-connections are
made between the reclaimed water system and other water systems, which includes the
installation of back flow prevention devices on the potable water system; and on existing wells
that are to remain connected for either potable water usage or for irrigation system purposes. The
installation of back flow devices shall adhere to BOYNTON BEACH'S (use), as amended.
BOYNTON BEACH shall be responsible for ensuring the installation of the required backflow
preventing devices.
(d) BOYNTON BEACH shall take reasonable precautions to inform
its employees, agents, residents, and invitees of the reclaimed water system, to prevent
inadvertent human consumption.
In addition, if applicable, BOYNTON BEACH shall inform all
existing residents and new residentsTegarding the proper use of reclaimed water.
(e) All costs for operating and maintaining BOYNTON BEACH'S
irrigation distribution system shall be paid by BOYNTON BEACH.
8. MONITORING
(a) BOYNTON BEACH shall give its approval to the BOARD to
conduct soil borings and locate monitoring wells, if applicable, on the property in areas agreeable
-6-
to BOYNTON BEACH so as not to interfere with BOYNTON BEACH'S operations. These
monitoring wells shall be installed and sampled at periodic intervals by the BOARD, at its
option.
(b) The BOARD shall be responsible for all permits to install
monitoring wells and responsible for abandonment of the well should it no longer be necessary
for monitoring.
9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS
If for any reason during the term of this Agreement, governmental
agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any
change in the operation of the treatment, transmission and distribution systems or the application
and use of reclaimed water by BOYNTON BEACH, then to the extent that such requirements
shall affect the ability of any party to perform any of the terms of this Agreement, the affected
party shall be excused from performance thereof and this Agreement shall be amended by the
parties hereto in conformity with such permits, approvals, or requirements. If continued
performance ofthe Agreement is not possible, the Agreement shall be terminated.
10. TERMlNA TION OF AGREEMENT
Either party shall have the right to terminate this Agreement upon sixty
(60) days written notice to the other party.
11. DISCLAIMER OR REPRESENTATION AND WARRANTIES
The BOARD does not represent or warrant that the reclaimed water
delivered shall increase the productivity of the land described in Exhibit "A" nor result in
changes of any kind to the land, crops or vegetation.
-7-
12. NOTICES
All notices required or authorized under this Agreement shall be given in
writing and shaIl be delivered by U.S. Mail or by hand delivery to the party or parties, addressed
as foHows:
City of BOYNTON BEACH
Boynton Beach, FL 33444
With a copy to:
City Attorneys' Office
Boynton Beach, FL 33444
South Central Regional Wastewater
Treatment & Disposal Board
180] North Congress Avenue
BOYNTON BEACH, FL 33445
With a copy to:
Robert W. Federspiel, P.A.
Spinner, Dittman, Federspiel & Dowling, LLP
151 N.W. First Avenue
BOYNTON BEACH, FL 33444
13. INSPECTION
The BOARD shall have the right when reasonably necessary to aIJow
BOARD employees or agents to enter upon the subject property to review and inspect
BOYNTON BEACH'S operating practices, to inspect meters, irrigation equipment, monitoring
wells, potential cross connections, flowage, and the like, as they relate to this Agreement.
-8-
] 4. HOLD HARMLESS
To the extent permitted by law, BOYNTON BEACH shall hold the
BOARD, its agents, employees, assigns, contractors or subcontractors harmless for any damage
caused by the BOARD'S inability to deliver water to the delivery point or for damage which
occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined
in paragraph 3.
15. DISCLAJ1\.1ER OF THIRD PARTY BENEFIClARlES
This Agreement is solely for the benefit of the parties hereto and no right
or cause of action shall accrue to, by reason hereof, or for the benefit of any third party not a
party hereto.
16. SEVERABILITY
If any part of this Agreement or any application thereof to any person or
circumstance is declared invalid for any reason, then such part, section, subsection, or other
portion, or the prescribed application thereof, shall be severable and the remaining provisions of
this Agreement, and all applications thereof not having been declared invalid, shall remain in
effect.
17. APPLICABLE LAW
This Agreement shall be construed according to the laws of Florida and
any action1-egarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for
Palm Beach County.
18. EXHIBITS AND ADDENDUM
This Agreement incorporates the following exhibits and addendum which
-9-
are specifically made a part hereof.
Exhibit "A" - Legal Description of Property and Map of the
Property
Exhibit "B" - Reclaimed Water Quality Parameters
THIS WRITING (with Exhibits "A" and "B") constitutes the entire Agreement between the
parties and has been entered into voluntarily and with independent advice and legal counsel and
has been executed by the authorized representative of each party on the date written below.
Modifications to and waivers of the provisions herein shall be made only in writing by the parties
hereto.
SIGNED AND SEALED this ~ day of A p r i 1
,200L.
SOUTH CENTRAL REGIONAL W ASTEW A TER
TREATMENT AND D1SPOSAL BOARD
By,L C.~.r~
Printed Name: Muir C. Ferguson
Title: Chai rperson
;;:::~J ~\
Title: ~;.' O~.<-..c-1,.6'-
Approved as to legal form and sufficiency:
-2 -=-' i-
Robe~. Feders~ .
-10-
ATTEST:
City Clerk
Approved as to legal form and sufficiency:
By:
Printed Name:
Title:
C1TY OF BOYNTON BEACH
By:
Jerry Taylor, Mayor
-11-
INTERLOCAL AGREEMENT FOR THE DELIVERY AND USE
OF RECLAIMED IRRIGATION WATER
THIS AGREEMENT entered into between SOUTH CENTRAL REGIONAL
W ASTEW A TER TREATMENT AND DISPOSAL BOARD, with a mailing address of l801
North Congress Avenue, Delray Beach, Florida 33445, hereinafter called "BOARD," and the
CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of _
, Boynton Beach, Florida
, hereinafter called "BOYNTON
BEACH."
WIT N E SSE T H: .
WHEREAS, BOARD maintains and operates an area-wide Wastewater Treatment
System which is capable of producing reclaimed water which may be used for productive and
beneficial purposes for agricultural and urban irrigation in accordance with local, state and
federal guidelines; and
WHEREAS, the BOARD is a Special District created by Interlocal Agreement between
BOYNTON BEACH and the City of Delray Beach for the purpose bftreating wastewater
produced by the customers of BOYNTON BEACH and the City of Delray Beach, as well as
producing reclaimed water therefrom. and distributing the same to BOYNTON BEACH and the
City of Delray Beach for redistribution to their customers; and
WHEREAS, BOARD agrees to deliver reclaimed water and BOYNTON BEACH agrees
to receive and beneficially use this reclaimed water for the purposes set forth in this Agreement;
and
WHEREAS, local governments are encouraged to implement programs for the use of
reclaimed water by the State of Florida; and
WHEREAS, BOARD has determined to assist the citizens of the BOARD's regional area
who utilize large quantities of groundwater by making available reclaimed water as an alternative
source of water supply; and
WHEREAS, BOARD operates a reclaimed water program approved by the Department
of Environmental Protection.
NOW THEREFORE, based upon the foregoing, the parties agree to the following terms
and conditions:
1. TERM OF AGREEMENT, COSTS AND METERING
BOARD shall deliver and BOYNTON BEACH shall accept and use
reclaimed water to fulfill their irrigation needs, produced by BOARD at the South Central
Regional Wastewater Reclaimation Plant unless the flow is unavailable. Such water shan be
. delivered to location(s), hereinafter the "delivery point," as described in Exhibit "A." BOARD
shan perform its obligations of delivery of reclaimed water and BOYNTON BEACH shall
perform its obligation of acceptance of such water as herein provided.
( a) This Agreement shall be effective until-terminated by either party.
(b) The BOARD will make available to BOYNTON BEACH up to
fifty percent (50%) of the reclaimed water produced by the Regional Facility.
~- ._~
( c) BOYNTON BEACH will pay to the BOARD a monthly
consumption charge which will be adjusted annually effective October 1 of each year based upon
the rate set by the BOARD. Notwithstanding the foregoing, in order to meet the fixed overload
of the reuse system during the initial year of operation, BOYNTON BEACH, the BOARD and
the City of Delray Beach each will need to guarantee a minimum purchase per month.
-2-
Accordingly, BOYNTON BEACH agrees to pay a minimum of Eighteen Thousand Six Hundred
Dollars ($18,600.00) per month regardless of the consumption charge for the volume of
reclaimed water actually received being lower than minimum purchase during the first year of
this Agreement, with the minimum purchase to be adjusted annually thereafter by the parties. To
the extent that the BOARD shall incur a deficit in its reclaimed water revenues compared to the
cost of producing same, BOYNTON BEACH agrees to pay to the BOARD fifty percent (50%) of
such deficit.
(d) BOYNTON BEACH acknowledges that the BOARD has other
large users of reclaimed water, which currently have contracts. with the BOARD. The BOARD
will supply its reclaimed water customers based on their contract priority and their beneficial use
of the water should a shortfall of supply occur.
2. USE OF RECLAIMED WATER RESPONSIBILITY FOR IRRIGATION
SYSTEM
(a) BOYNTON BEACH shall use reclaimed water delivered by the
BOARD for irrigation or for other non-potable purposes in any maimer determined by
BOYNTON BEACH, except that use, application and discharge of reclaimed water shall comply
with local, state, and federal regulations.
(b) BOYNTON BEACH shall be solely responsible for the operation
and mairitenance of all portions of the distribution and irrigation system located within the
subject property boundaries specified in Exhibit "A:' attached herewith.
3. WATER QUALITY
BOARD agrees that reclaimed water delivered under this Agreement shall
-3-
meet or exceed the requirements of Chapter 62-610, Part ill, Florida Administrative Code and tbe
standards set forth in Exhibit "B."
4. VOLUME OF DELNERY
The normal operating pressure range for the reclaimed water system is
between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a
minimum pressure of 60 psi at point of delivery. Should BOYNTON BEACH wish to alter the
reclaimed water operating delivery pressure, it shall be BOYNTON BEACH'S sole
responsibility to furnish and install a pressure reducing valve or booster pump on the property
side of the meter service. Reclaimed water shall be delivered hy the BOARD to only one
delivery point as mutually determined by the BOARD and BOYNTON BEACH. BOYNTON
BEACH will be responsible for distribution on its property beyond said point. BOYNTON
BEACH hereby provides a license to the BOARD to enter on BOYNTON BEACH'S property
for the purposes of access to monitoring wells, if applicable for inspection, and to determine
compliance of the use of reclaimed water of the distribution system. The BOARD will, at its
expense, construct, operate, and maintain the transmission lines to the delivery point.
BOYNTON BEACH shall not request more reclaimed water than can be beneficially used by
BOYNTON BEACH.
5. DELNERY OF RECLAIMED WATER UNDER ADVERSE
CONDITIONS
Unforeseen circumstances may necessitate modification of normal
delivery of reclaimed water. If BOARD'S system or BOYNTON BEACH'S transmission or
distribution system fails for reasons or events beyond either party's control; then, delivery of
-4-
reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD
and BOYNTON BEACH shall make all reasonable efforts to make prompt repairs to its
respective system. Each party shall be obligated to the other to provide immediate oral notice of
such failures so that alternate systems may be put into operation as soon as possible. Nothing in
this agreement shall require the interconnection of the South Central Regional Wastewater
Reclaimation Plant to provide additional flow to BOYNTON BEACH.
6. TEMPORARY SUSPENSION OF DELIVERY
The BOARD may suspend delivery of reclaimed water should the quality
of the reclaimed water exceed any of the parameters for water .quality shown on Exhibit "B."
Nothing in this Agreement shall prevent BOYNTON BEACH from keeping a permitted backup
supply to replace this reclaimed water should it become unavailable for whatever reason.
7. OPERATION AND MAINTENANCE PRACTICES
BOYNTON BEACH will apply reclaimed water in accordance with all
appropriate local, state, and federal rules and regulations. lrrigation practices are to be limited to
those areas permissible by the Department of Environmental Protection and identified in Exhibit
"A" of the Agreement.
Reclaimed water irrigation systems shall protect human health and the
environment; which includes, but is not limited to, the following:
(a) BOYNTON BEACH shall install Reclaimed Water advisory signs
as appropriate. The signs shall be installed and properly maintained by BOYNTON BEACH
around sites utilizing reclaimed water to designate the nature of the water and its non-potability.
In compliance with applicable rules and the following items:
-5-
Property access points
Along road frontage
Along adjoining residential usage
For (Spanish) speaking employees - use sign in Spanish
For golf courses - sign at first and tenth tee
(b) BOYNTON BEACH will take reasonable precautions to clearly
identifY reclaimed water irrigation systems to prevent inadvertent human consumption.
(c) BOYNTON BEACH shall ensure that no cross-connections are
made betWeen the reclaimed water system and other water systems, which includes the
installation of back flow prevention devices on the potable water system; and on existing wells
that are to remain connected for either potable water usage or for irrigation system purposes. The
installation of back flow devices shall adhere to BOYNTON BEACH'S (use), as amended.
BOYNTON BEACH shall be responsible for ensuring the installation of the required backflow
preventing devices.
(d) BOYNTON BEACH shall take reasonable precautions t6 inform
its employees, agents, residents, and invitees of the reclaimed water system, to prevent
inadvertent human consumption.
In addition, if applicable, BOYNTON BEACH shall inform an
existing residents and new residents r.e~arding the proper use of rec1ain.Jed water.
'.
\~ -.~
(e) All costs for operating and maintaining BOYNTON BEACH'S
irrigation distribution system shall be paid by BOYNTON BEACH.
8. MONITORING
(a) BOYNTON BEACH shall give its approval to the BOARD to
conduct soil borings and locate monitoring wells, if applicable, on the property in areas agreeable
-6-
to BOYNTON BEACH so as not to interfere with BOYNTON BEACH'S operations. These
monitoring wells shall be installed and sampled at periodic intervals by the BOARD, at its
option.
(b) The BOARD shall be responsible for all permits to install
monitoring wells and responsible for abandonment of the well should it no longer be necessary
for monitoring.
9. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS
If for any reason during the term of tills Agreement, governmental
agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any
change in the operation of the treatment, transmission and distribution systems or the application
and use of reclaimed water by BOYNTON BEACH, then to the extent that such requirements
shall affect the ability of any party to perform any of the terms of this Agreement, the affected
party shall be excused from performance thereof and this Agreement shall be amended by the
parties hereto in conformity with slich permits, approvals, or requirements. If continued
performance of the Agreement is not possible, the Agreement shall"be terminated.
10. TERMINATION OF AGREEMENT
Either party sh,all have the right to terminate this Agreement upon sixty
(60) days written notice to the other party.
DISCLAlMER OR REPRESENTATION AND WARRANTIES
11.
The BOARD does not represent or warrant that the reclaimed water
delivered shall increase the productivity of the land described in Exhibit "A" nor result in
changes of any kind to the land, crops or vegetation.
-7-
12. NOTICES
All notices required or authorized under this Agreement shaH be given in
writing and shall be delivered by U.S. Mail or by hand delivery to the party or parties, addressed
as follows:
City of BOYNTON BEACH
Boynton Beach, FL 33444
With a copy to:
City Attorneys' Office
Boynton Beach, FL 33444
South Central Regional Wastewater
Treatment & Disposal Board
1801 North Congress Avenue
BOYNTON BEACH, FL 33445
With a copy to:
Robert W. Federspiel, P.A.
Spinner, Dittman, Federspiel & Dowling, LLP
151 N.W. First Avenue
BOYNTON BEACH, FL 33444
", ,
13.
INSPECTION
The BOARD shall have the right when reasonably necessary to allow
BOARD employees or agents to enter upon the subject property to review and inspect
BOYNTON BEACH'S operating practices, to inspect meters, irrigation equipment, monitoring
wells, potential cross connections, flowage, and the like, as they relate to this Agreement.
-8-
] 4. HOLD HARMLESS
To the extent permitted by law, BOYNTON BEACH shall hold the
BOARD, its agents, employees, assigns, contractors or subcontractors harmless for any damage
caused by the BOARD'S inability to deliver water to the delivery point or for damage which
occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined
in paragraph 3.
l5. DISCLAIMER OF THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit ofthe parties hereto and no right
or cause of action shall accrue to, by reason hereof, or for the benefit of any third party not a
party hereto.
] 6. SEVERABILITY
If any part of this Agreement or any application thereof to any person or
circumstance is declared invalid for any reason, then such part, section, subsection, or other
portion, or the prescribed application thereof, shall be severable and the remaining provisions of
this Agreement, and all applications thereof not having been declared invalid, shall remain in
effect.
17. APPLICABLE LA W
This Agreement shall be construed according to the laws of Florida and
any action regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for
Palm Beach County.
18. EXHIBITS AND ADDENDUM
This Agreement incorporates the following exhibits and addendum which
-9-
are specifically made a part hereof.
Exhibit "A" - Legal Description of Property and Map of the
Property
Exhibit "B" - Reclaimed Water Quality Parameters
THIS WRITING (with Exhibits "A" and "B") constitutes the entire Agreement between the
parties and has been entered into volunt~ly and with independent advice and legal counsel and
has been executed by the authorized representative of each party on the date written below.
Modifications to and waivers of the provisions herein shall be made only in writing by the parties
hereto.
SIGNED AND SEALED this ~ day of A p r i 1
, 200~.
SOUTH CENTRAL REGIONAL W ASTEW A TER
TREA TMENT AND DISPOSAL BOARD
BY~ C-_~r::.~
Printed Nmne: M,,; r r "Ii' p r 8" c: () n
Title: Ch a i rpe r son
ATTEST:
~te~~'(
Title: ~~,,=hv.. t>\.r.-G.b:
,0
Approvedr as to legal fonn and sufficiency:
-10-
ATTEST:
City Clerk
Approved as to legal form and sufficiency:
By:
Printed Name:
Title:
CITY OF BOYNTON BEACH
By:
Jeny Taylor, Mayor
-11-
ROb-DB7
#-4
ASSIGNMENT AGREEMENT
TJ-IlS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between th80UTH CENTRAL REGIONAL WASTEWATER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163_01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Delray
Dunes Golf and Country Club, concerning delivery and acceptance of reclaimed water dated the 18th
day of January, 1996, a copy of which is attached hereto and hereinafter referred to as the
"Reclaimed Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed _water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree- as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
-f' ,BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
1N WlTNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written. .
SOUTH CENTRAL REGIONAL WASTEWATER
TRE . NT AND DISPOSAL BOARD
APPROVED AS TO FORM
BO~~
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
K05-087
*-
t.J
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL W ASTEW A TER
TREA TMENT AND DISPOSAL BOARD, an entity createdpursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH;
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Delray
Dunes Golf and Country Club, concerning delivery and acceptance of reclaimed water dated the 18th
day of January, 1996, a copy of which is attached hereto and hereinafter referred to as the
"Reclaimed Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed .water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agre-e as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
'. :f.., BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
-:' IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL W ASTEW A TER
ATMENT AND DISPOSAL BOARD
e~
~
Muir
/'
APPROVED AS T910RM
rl~1
Bo;rtd Attorney
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
--'
CITY OF BOYNTON BEACH
By:
Mayor
f\05-087
~4
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with The
Country Club of Florida, concerning delivery and acceptance of reclaimed water dated the 18th day
of January, 1996, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed
Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed. water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby theBOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shan assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one paT!y to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
'f.,.BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
" IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL W ASTEW A TER
,;[REATMENT AND DISPOSAL BOARD
/' BY:.k~ F.~f<-'~
/ Pnnted Name: Ml1 i r r. F p r gn <:() n
Chairman
APPROVED AS TO FORM
~ :I
B rd AltO;;;;:l-
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
~
CITY OF BOYNTON BEACH
By:
Mayor
~5-{)B7 .
*q
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with The
Country Club of Florida, concerning delivery and acceptance of reclaimed water dated the 18th day
ofJanuary, 1996, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed
Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed ,water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the JSt day of October, 2005.
,?,BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
:.' IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL WASTEWATER
TREA T1yfENT AND DISPOSAL BOARD
)By: .t ~
/ Printed Name: Mu 1 r C.
~
Chairman
B
A TTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
~5 - DB 7
:::::="
~~
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Hunters
Run Golf & Racquet Club, concerning delivery and acceptance of reclaimed water dated the 17th day
of January, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed
Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed .water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree- as follows:
I. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective theIst day of October, 2005.
'- ~" BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
;:. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL WASTEWATER
NT AND DISPOSAL BOARD
. - E. ~_~~
. dN v
Pnnte ame: M 11 i r r. F p r g 11 '" () n
Chairman
APPROVED AS TO FORM
Bo210md
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
.-.;""
CITY OF BOYNTON BEACH
By:
Mayor
4F -
K05 -oB7 - y
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL W ASTEW A TER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Hunters
Run Golf & Racquet Club, concerning delivery and acceptance of reclaimed water dated the 17th day
of January, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed
Water Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree - as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective theIst day of October, 2005.
'.4.,BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
, .~ IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL W ASTEW A TER
MENT AND DISPOSAL BOARD
, L-
APPROVED AS TO FOffi
"7-, /j
Boar~ttorney -
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
CITY OF BOYNTON BEACH
By:
Mayor
" '-,
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
AND HUNTERS RUN GOLF & RACQUET CLUB
CONCERNING DELIVERY AND ACCEPTANCE
OF RECLAIMED WATER
THIS. AGREEMENT is made and entered into on this 03"il \1
day of ~, by and between South Central
Regional Wastewater TreatmeAe~Jnd Disposal Board, a municipal
corporation created pursuant to the laws of the State of
Florida (hereinafter BOARD), and Hunters Run Golf & Racquet
Club, (hereinafter RECIPIENT).
Accordingly, for and in consideration
contained herein, mutual understandings
contained hereiri, and other consideration,
sufficiency of which is hereby acknowledged
the parties covenant and agree as follows:
SECTION 1. Recitals. The below recitals are true and
correct and form a material part of this Agreement.
of the recitals
and agreements
the receipt and
by the parties,
1.1 The parties hereto represent to one another that each
has the full power and authority to enter into this Agreement
and to carry out their respective obligations thereunder. The
BOARD is composed of the Cities of Boynton Beach and Delray
Beach (the "Cities"), pursuant to an Interlocal Agreement
entered into pursuant to Chapter 163, Florida Statutes.
1.2 The parties recognize that reuse of Reclaimed Water is
in the public interest, as it recaptures an otherwise wasted
and unused water resource. The BOARD owns and operates
wastewater facilities which it proposes to upgrade to produce
Reclaimed Water suitable for irrigation o.f areas, such as
golf courses, parks, school grounds and cemeteries, and
RECIPIENT is willing to accept such Reclaimed Water for
irrigation purposes in the public interest.
1.3 In a norma l- year, RECIPIENTS will irrigate
appr0'~imately 240 days and most of RECIPIENT'S daily
requirements will be needed during approximately 12 hours
commencing about sundown. BOARD agrees to use its best
eff~~ts to supply Reclaimed Water on demand to RECIPIENT up to
the volwne and at the charge set forth in this Agreement.
RECIPIENT has valuable golf courses that require access to
such Reclaimed Water and has expended substantial money and
effort and has fo~egone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water but is doing so in reliance upon the RECIPIENT entering
into this Agreement.
9-'-96
REUSE/HUNTERSRUN/DELlVER2.AGR
1
1.4 The RECIPIENT owns and controls land which is
described in Exhibit "A" (the "Property"), attached and made
a part hereof by reference.
1.5 RECIPIENT agrees to: (a) irrigate the Property using
Reclaimed Water; (b) maintain the storage facility, if
applicable, ponds and lakes, if applicable, pumps and
irrigation system to be located on the Property from the point
of deli very; and (C) upgrade its irrigation system when
reasonable and economical to utilize the volume of Reclaimed
Water accepted from the BOARD and as required to meet any
federal, state, or local requirements, (d) maintain compliance
with the operating restrictions for protecting human health
and the environment attached thereto as Exhibit "B".
1.6 Recipient shall accept the Reclaimed Water delivered
by the BOARD and use it for irrigation of the Property. The
BOARD shall be deemed to be in possession and control of the
Reclaimed Water until it shall have been delivered to the
RECIPIENT at the Point of Delivery. After such delivery, the
RECIPIENT shall be deemed to be in' possession and control
thereof.
1.7 The RECIPIENT agrees to maintain all Federal, State
and governmental permits issued to it and necessary to allow
it to receive and utilize the Reclaimed Water pursuant to the
terms of this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or
encumber the Property in areas irrigated with the Reclaimed
Water shall not be restricted by this Agreement. This
Agreement shall run with the land so long as the use of a
major portion of the Property shall continue to be for golf
course and related purposes. Any subsequent party in interest
to such golf course or courses shall be ubligated to receive
and pay for Reclaimed Water under the same terms and
conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
1.9 METER. The d.esign and construction of the metering
fac~l{ty shall be the responsibility of the BOARD and must be
mutually approved in advance in writing by BOARD and
RECIPIENT. The meter will be utilized to meaSure the amount of
R~claimed Water delivered by the BOARD to RECIPIENT and the
BoARD shall operate, maintain, cause to be calibrated, and
repair said meter.
1.10 CONS.TRUCTION. Upon completion of the engineering
design of the metering facility, and the acceptance of same by
both parties, the metering facility will be constructed by the
BOARD and placed into service.
6-6-96
REUSE/HUHTERSRUH/DELJVERZ.AGR
2
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter
and related appurtenances and the lines interconnecting
BOARD's system into the metering facility, including all
valves and appurtenances up to and including the discharge
flanges of the valyes immediately downstream of the meter. The
parties agree that the RECIPIENT shall have reasonable
access to the metering facility, to all other Reclaimed Water
meters, check valves, and any other appurtenances thereto, to
verify flows, meter readings, meter calibrations, efficiency
of the check valves, and any other performance data necessary
to the operations of the Interconnection facility upon
reasonable advance tiotice to the Board. The metering device
shall be tested and calibrated, at BOARD's expense, at least
once, per year and repaired if required. Any errors in meter
reading and any discrepancy in meter results from a true and
correct measure of Reclaimed Water flow to RECIPIENT shall be
adjusted properly and retroactively to reflect the flow to
RECIPIENT. Any incorrect metering device shall be repaired
forthwith by the BOARD.
1.12 This agreement has been duly authorized by all named
parties. Pursuant to Section 3 (C) of the Interlocal
Agreement dated Decernber26, 1974, between the City of Boynton
Beach and the City of Delray Beach, this Agreement and all
provisions thereof have been contractually approved by a
majority vote of each City Council as the act of each City,
or, if such approval has not already been obtained, such
approval will be obtained and certified to RECIPIENT before
this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing
this Agreement, the following words, phrases and terms shall
have the following meanings, unless the context requires
otherwise:
2 . I "Agreement" means this Agreement between BOARD and
RECIPIENT.
2.2 "FDEP" means the Florida Department of Environmental
Prote~~~on, and its s~ccessors.
2.3 "Fiscal Year" means October 1 to September 30 of the
fol~qwing year.
2.4 "GPD" means gallons per day.
2.5 "Irrigation system" means those pump stations, lines,
pipes, sprinkler heads, ponds arid lakes, storage facilities,
if applicable, and pertinent equipment that are located on
RECIPIENT's property and used to store, spray and irrigate
with Reclaimed Water that has been treated in accordance with
8-6-96
R~SE/HUHTERSRUH/PELlVER2.AGR
3
all applicable governmental regulations and in accordance with
the terms and provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Point ,of delivery" means the point at
which divides the BOARD's wastewater facilities
RECIPIENT's irrigation system, or as otherwise
engineering drawings approved by both parties.
the meter
from the
noted on
2.8 "Reclaimed Water" means wastewater that has been
treated in accordance with Section 3.4 of this Agreement.
2.9 "Reclaimed Water Disposal Facilities" means those
facilities necessary for the storage, if applicable,
transportation and disposal of wastewater previously treated
in accordance with applicable local, state and federal
standards and limitation at the plant to the standard of
Reclaimed Water. These facilities include, but are not limited
to, any Reclaimed Water transmission facilities, irrigation
systems and storage facilities, if applicable.
2.10 "Reclaimed Water Transmission Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may
be designed, permitted and constructed on the Property, if
applicable, or upon the BOARD's property, if applicable, and
which are necessary to store and hold Reclaimed Water in a
manner that complies with regulatory requirements.
2.12 "Wastewater" means the product received by the
wastewater treatment facility for treatment.
2.13 "Wastewater Facilities" means the BOARD's plant
located at 1801 North Congress Avenue, Delray Beach, Florida,
and Reclaimed Water transmission facilities, including all
interceptors, lines, pipes, meters, couplings, pumps, force
mains, and appurtenant equipment necessary to treat and
transmit the Reclaimed -Water.
SECTION 3. Grant of Licens8 and Easement. R~CIPIENT hereby
grants to BOARD an easement over the Property, including a15
foot~~utility easement to be mutually agreed upon and located
in the approximate location depicted on Exhibit "C" attached
hereto, to allow construction, operation, maintenance and
repair of the BOARD's Reclaimed Water transmission main to
the point of delivery, and the right to transmit, deliver and
dispose of Reclaimed Water through the irrigation system and
storage facility, if applicable, on the Property in accordance
with and subject to the following conditions:
8-6-96
RElIS!:/HUIlTE:/tSRUN/D!:LJVER2 _ AGR
4
3.1 Desiqn and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed
Water at the point of delivery. RECIPIENT agrees to design,
permit, install and operate, at its sole expense, any storage
facili ty, if applicable, and the irrigation system on the
Property up to the point of delivery.
3.2 Permits and Approval for the Irriqation System.
Recipient shall be responsible, in cooperation with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation
system: prov~ded, however, that Board shall be responsible
for obtaining and maintaining all permits for Reclaimed Water
disposal facilities. For all wastewater facilities located
on its side of the point of delivery, Board shall be solely
responsible for obtaining, compiling, providing and complying
with all monitoring, sampling, testing, and reporting
requirements for the Reclaimed Water, which may be imposed by
government law, rule, permit, or approval. Recipient shall
grant Board upon reasonable advance notice to RECIPIENT access
to the irrigation system as needed to . assure continued
compliance with applicable laws and regulations, including,
but not limited to, any monitoring or testing requirements.
3.3 A. Delivery of Reclaimed Water. BOARD agrees to use
. its best efforts to make available, and deliver in the volume
and at the times requested, an annual volume of Reclaimed
Water of at least 182.5 million gallons per year (MGY), with
maximum volume anyone day up to but not to exceed 500,000
gallons per day (GPO), at a rate of 1,042 gallons per minute
(GPM) , for use on the Property and, at its cost, to connect
the BOARD's Reclaimed Water transmission facilities to
RECIPIENT's irrigation system at the point( s) of delivery
agreed upon and as shown in Exhibit "C". Both RECIPIENT and
BOARD recognize that water supply and demand will vary
depending on a number of factors, primarily climatic
conditions.
t... .... .'1
B. Storaqe. The RECIPIENT shall maintain, in
compliance with all applicable laws and regulations, the
nec~~sary storage facilities on their property at their sole
expense.
3. 4 Quality of Reclaimed Water. BOARD shall make
available to RECIPIENT Reclaimed Water of a quality consistent
with the requirements of "public access" treatment levels as
set forth in Chapter 17-610, Florida Administrative Code, or
its successor Code prov1sions, or of a quality consistent wi~h
more stringent requirements that may be imposed by any
governmental agency having jurisdiction and legal authority.
8-6- 96
REUSE'HUNTERSRUN/DELIVERZ.AGR
5
In recognition of the need to supply Reclaimed Water, the
BOARD shall also be required to comply with effluent
limitations set forth in Exhibit "D". All Reclaimed Water
made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to
remove harmful levels of bacteria, viruses, and other
constituents or pollutants which could constitute a danger to
human health, and in accordance with all applicable federal,
state and local laws, rules, regulations, policies,
ordinances, resolutions, orders and permits and the
requirements of Exhibit "D". BOARD shall provide continuous
monitoring of chlorine and turbidity, as well as other
required ground and surface water quality sampling and
monitoring of Reclaimed Water as required by local, state and
federal regulations and by Exhibit "D". BOARD agrees to
divert away as expeditiously as possible, from the irrigation
system, any Reclaimed Water which does not comply with the
terms and conditions of this Agreement or which does not meet
the applicable state, federal or local laws and regulations
and to promptly and fully notify RECIPIENT of such action.
Copies of all test results shall be available to RECIPIENT
upon request.
3.5 Minimum Purchase of Reclaimed Water by RECIPIENT.
Upon completion of construction of the wastewater facilities
and continuing for so long as BOARD complies with the
requirements set forth in this Agreement, RECIPIENT has an
obligation to pay for at least 182.5 million gallons annually
of Reclaimed Water for spray irrigation on the Property,
subject to conditions as set forth in Section 3.3 of this
Agreement. Notwithstanding anything to the contrary,
Recipient shall not be obligated to accept delivery of or pay
for Reclaimed Water which does not comply with the terms
and conditions of this agreement. Such exception to
RECIPIENT'S obligation to accept delivery of such Reclaimed
Water by reason of the Board's failure - to meet the water
quality standards required in this Agreement sha~l relieve
RECIPIENT of its obligation to pay BOARD for the minimum
annual volume set forth above at the rates determined pursuant
to Paragraph 5 below only to the extent that the BOARD shall
not have made available to RECIPIENT such annual minimum
vOluIQ,e,of Reclaimed Water meeting the requirements of this
Agreement through the completion of the then current fiscal
year. Recipient shall not transfer the water provided by
Boa~p to any third party or off of the Recipient's property
which is the subject of this agreement.
3.6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the
point(s) of delivery.
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right to the exclusive receipt of BOARD's
Reclaimed Water supply.
8-6-'6
REuSElHUHTERSRUN/DELIVER2.AGR
6
3.8 The BOARD agrees that it will not enter into
contracts with other recipients of Reclaimed Water for more
than its daily supply capacity as the same exists from time to
time.
SECTION 4. Term and Fees
4.1 Term. The Easement and this Agreement shall be in
effect for~period of twenty ,(20) years commencing on the
date of execution of this Agreement. The term of the Easement
and this Agreement shall be automatically extended for
successive periods of ten (10) years each, upon the same terms
and conditions as herein provided, unless either party hereto
notifies the other by certified mail at least three years
prior to the expiration of the initial term of this Agreement
or any renewal thereof, that this Agreement shall not be so
extended.
4.2 Payment of Fees. In return for and in consideration
of BOARD's construction of facilities and delivery of
Reclaimed Water, RECIPIENT agrees to pay BOARD a one-time
connection fee of $4,300.00 and a volume charge of 20e for
each 1,000 gallons of Reclaimed Water used, (the "Volume
Charge") but on an annual basis not less than the above rate
times the minimum quantity RECIPIENT has agreed to purchase
under Section 3.5 together with a storage charge equal to 8e,
(the "Storage Charge") for each 1,000 gallons of Reclaimed
Water the Volume Charge for which is paid for by RECIPIENT, as
provided above. Such storage charge shall remain constant and.
shall not be adjusted, during the term of this Agreement or
any extension. Payment of the connection fee shall be in one
lump sum no later than the cODUDEmcement of construction of the.
modification to the. BOARD's wastewater, facilities for the
treatment and production of Reclaimed Water. The Volume
Charge shall remain constant until the expiration of the
third (3rd) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires between the
time BOARD commences or makes available delivery of Reclaimed
Water and the end of the first fiscal year, such first year
shall~nQt count as the first fiscal year), after which the
price will be redetermined as provided in Section 5. The
BOARD shall render billings to RECIPIENT for both the.volume
charg,e and storage charge on a monthly basis for such
applicable charges on the basis of the greater of the actual
Reclaimed Water delivered or the volume charge and storage
charge for 1/12th of the minimum guaranteed annual volume
agreed to be accepted by RECIPIENT pursuant to Section 3.5
above; provided that RECIPIENT shall pay no more, on a fiscal
year basis, than (i) such minimum annual guaranteed volume
charge or (ii)charges for Reclaimed Water actually accepted
during the fiscal year, whichever is more.
8-6-'6
REUSE/HmlTERSRUN/DELIVER2,AGR
7
4.3 In the event the BOARD shall not be able to deliver
Reclaimed Water in the minimum volume agreed to in Section 3.5
of this Agreement, as a result of its inability to do so and
through no action or inaction on the part of the RECIPIENT,
the RECIPIENT shall be entitled to a credit for such shortage
in the minimum agreed to volume (by a proportionate
reduction) .
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Volume Charge shall be adjusted after the first three (3)
fiscal years as aforesaid upward or downward based on the
year-to-year change in the actual operating costs of
prOducing, metering and delivering Reclaimed Water from
effluent and transmitting it to the point of delivery for the
RECIPIENT as it relates to the preceding year's Volume Charge,
however, such Volume Charge shall never be less than 20~ per
thousand gallons nor shall an increase be applied if the
actual operating costs shall be less than said 20~ per
thousand gallons. The first such adjustment shall occur
effective the first day of the fourth fiscal year following
the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect the relative increase or decrease in actual
operating costs incurred by the BOARD during the second
fiscal year of delivery of Reclaimed Water to RECIPIENT as
compared to the third fiscal year and for each Subsequent
year thereafter as compared to the previous year. The actual
operating cost and change therein shall be the basis for
determining the index for making the adjustments in the Volume
Charge. Actual operating costs ("Actual Operating Costs")
shall be determined in conformity with generally accepted
accounting prinCiples consistently applied, except the
depreciation of plant and equipment and any other provision
for capital recovery, including interest Qn long term debt,
shall not be included as operating costs, as such costs are
properly allocable to wastewater customers. Any increase or
decrease in the Volume Charge shall be determined as soon as
reasonably practicable and shall be effective retroactive to
the scheduled date of adjustment and a sum due to the BOARD
as a result of the retroactive effect of such adjustment or
the ~~e9it due the RECIPIENT, if applicable, shall be
reflected in the next billings regularly submitted by BOARD to
RECIPIENT as provided in Subparagraph 5.4.
'~~
5.1 BOARD personnel shall establish, or cause to be
established, and maintain an aCcounting system in which such
current operating costs are recorded monthly in separate
accounts from sewage processing accounts. Costs shall be
recognized on a first-in first-out basis. The BOARD personnel
shall prepare and preserve any studies relating to the
allocation of operating costs on other than an actually
incurred basis. By way of example, the parties agree that all
operating and maintenance costs of labor, chemicals and power,
permits, regulatory requirements, legal, engineering,
administration, testing, meter calibration and contract
8-6-96
REUSE/HUHTEPSHUH/DELlVER2,AGR
8
services may be allocated based on appropriate data or
studies. Such current operating costs shall be recorded on a
consistent ba~is from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost
per thousand gallons of Reclaimed Water delivered begin~ing
with the second fiscal year after the plant starts to dellver
Reclaimed Water to RECIPIENT.
5.2 By way of example, if delivery begins on October 6,
1996, the third fiscal year thereafter would be October 1,
1998 to September 30, 1999. Assume that the actual cost of
producing Reclaimed Water for the fiscal year October 1, 1997
through September 30, 1998 was 21C. Further, assume that the
Actual Operating Cost of producing and delivering Reclaimed
Water, to RECIPIENT during the second fiscal year to the end of
the third fiscal year (October 1, 1997, through September 30,
1999) increased from 21e per thousand gallons to 23e per
thousand gallons. The index for increase would be calculated
by dividing the base cost of 21e per tho~sand gallons into the
2e increase in cost, resulting in an increase of 9.52% to the
previous years' Volume Charge of 20e per thousand gallons for
the fourth fiscal year, equal to 21.90c per thousand gallons
(2 + 21e = .0952, then 20c x 1.0952 = 21.90c).
5.3 As soon as reasonably practical, after each fiscal
year for which the contract price is subject to adjustment ,
the BOARD shall prepare a statement showing in reasonable.
detail the actual operating costs to produce Reclaimed Water
from efflu~nt for the latest two fiscal years. For each such
year, the statement shall also show (1) the number of gallons
in thousands of Reclaimed Water delivered to Reclaimed Water
users, (2) the cost per thousand gallons of Reclaimed Water
calculated by dividing such operating costs by such gallons,
( 3 ) the calculation of the ratio of change in cost per
thousand gallons from the earlier year to the later year, and
(4) the calculation of the adjusted price for the later year.
This statement shall be deemed to be the responsibility of the
BOARD, and the BOARD's Executive Director shall attest in
writing to the propriety of the costs and calculations shown
thereon.
5.4 By January 15 qf each year, the BOARD'S Executive
Dire~tor shall submit to RECIPIENT the supplemental statement
set.. forth in the preceding paragraph, together with the
attestation thereto by the BOARD. At the same time, the
BOARDS Executive Director shall submit to RECIPIENT a bill or
credit showing (l)the amount paid by the RECIPIENT for
. Reclaimed Water delivered in the current fiscal year, (2)the
amount payable for Reclaimed Water delivered in the current
fiscal year based on the adjusted price for the year as set
forth above, and (3)the difference. Any such difference shall
be either paid promptly by the RECIPIENT, or shown as a credit
in the next billing to the RECIPIENT.
8-6-96
REUSE/HUlITERSRImIDELIVERZ ,AGR
9
5.5 For billing purposes only prior to the determination
of actual costs for adjusting the Volume Charge, during each
year subject to price adjustment, the BOARD may use a
tentative price per thousand gallons based on using budgeted
costs for the current year in the price adjustment calculation
set forth above.
5.6 RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
records, and production records of the BOARD.
5.7 Notwithstanding the above provisions, the price paid
by the RECIPIENT for Reclaimed Water shall be adjusted
downward in the event the BOARD offers Reclaimed Water to any
other non-governmental customer(s) upon substantially similar
terms and conditions for the same use of the Reclaimed Water
at a lower charge than RECIPIENT is or will be. paying under
this Section 5. Such downward adjustment shall be made to
guarantee RECIPIENT that no other user of Reclaimed Water for
similar purposes shall receive a more favorable charge than
will also be given to RECIPIENT under similar circumstances.
5.8 To the extent .that the BOARD receives governmental
or environmental noncapital improvement subsidies which are
provided to the BOARD for encouraging wastewater reuse and
which are intended to be applied pursuant to the terms of such
grant or subsidy to the operational costs of the Reclaimed
Water facility, as Opposed to capital improvements or
expansion of such Reclaimed Water facility, the BOARD will
apply such funds, to the extent allowed, to its Reclaimed
Water facility operating costs.
SECTION 6. Inspection. BOARD shall have the right to enter
RECIPIENT's property, upon proper identification and at any
reasonable time, in order to inspect the irrigation system as
may be necessary or desirable for the operation, safety,
protection, or preservation thereof, to determine compliance
with any law, order or regulation of any governmental
authority having juriSdiction, and for sampling at any
monitoring wells located on the property. RECIPIENT shall have
the right to enter the BOARD's plant and properties and the
right of access to its wastewater facilities and records, at
anY;":ireasonable time, for the purpose of determining whether
the BOARD is in compliance with this Agreement.
SECTION 7. Assignments. This Agreement cari be assigned by
RECIPIENT only with the prior written approval of BOARD, but
such approval shall not be unreasonably withheld, provided the
assignee shall assume this Agreement and shall demonstrate to
BOARD its financial ability to comply with the provisions
hereof.
SECTION B. Notices i Proper Form. Any notice required or
allowed to be delivered hereunder shall be in writing and
8-6-96
REUSE/mnlTERSRUN/DELIVER2.AGR
10
shall be deemed to be delivered when (1) hand delivered to the
official hereinafter i designated, (2) upon receipt of such
notice when deposi tea in the United States mail, postage
prepaid certified mail, return receipt requested, addressed
to a pa~ty at the address set forth opposite the party' name
below or at such other address as the party shall have
specified by written ~otice to the other party delivered in
accordance herewith:
BOARD
RECIPIENT:
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue
Delray Beach, FL 33445
HUNTERS RUN GOLF & RACQUET CLUB
C/O Club Manager
3500 Clubhouse Lane
Boynton Bea~h, FL 33436
COpy TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Del~ay Beach City Manager
100 N.W. 1st Avenue
:
, Delray Beach, FL 33444
COpy TO:
Robert W. Federspiel, Esq.
501 East Atlantlc Avenue
Delray Beach, FL 33483
I
I
SECTION 9. Notices; Def.ault. Each of the parties hereto shall
give the other party wr;itten notice of any defaults hereunder
and shall allow the def~ulting party 30 days from the date of
receipt'to cure such de!faults, except failure to deliver water
on demand. ~
I
SECTldN 10. Default by kither Party_ If any party hereto fails
I
to perform or comply I with any of the conditions of this
Agreement, and if the; nonperformance shall continue for a
period of thirty (30) d~ys after the written notice thereof to
the non~perfonning paltty, or if the performance cannot be
reasonably completed within the 3D-day period, or if the non-
performing party does T,lOt in good faith commence performance
within the 3D-day peripd and does not diligently proceed to
complete performance, ~the non-performing party shall be in
default or breach of t~is Agreement.
11-6-96
REUSE/HUNTERSmffI/DELlVERZ.AGR
11
SECTION 11. Indemnification. In the event RECIPIENT shall fail
to comply with any reuse water rule or regulation of any
Federal, State or County or local agencies, except BOARD, or
violate any permit granted with regard to the use of the
irrigation system on the RECIPIENT's property, then RECIPIENT
shall indemnify the BOARD, its officers, governing board,
employees and agents. against all claims, demands, causes of
actions, suits, judgments, fines, penalties, or losses,
including all costs suffered or incurred by the BOARD by
reason of such failure. In the event the BOARD shall fail to
comply with any rule, regulation, order of any Federal, State
or County or local agency, or fail to deliver water meeting
the quality standards provided by this Agreement, then the
BOARD shall, to the extent allowed by law, indemnify the
RECIPIENT, its officers, board of directors, employees and
agents against all claims, demands, causes of actions, suits,
judgments, penalties, fines, or losses suffered or incurred by
the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party hereto shall
be in default hereunder as set forth in Section 10, then the
other party shall have the following remedy: bring suit for
the breach which has occurred without affecting the
obligations of the party to perform the balance of the
Agreement. The parties shall have the right not only to
injunctive relief, but also to recover any damages which a
party may incur as a result of the breach of this Agreement by
the other party. The parties further agree that any litigation
shall be brought in Palm Beach County, Florida, only, and the
parties agree that the proper venue for any such action would
only be in Palm Beach County, Florida. The parties further
waive any right to Jury trial they may have in any action
among them involving this Agreement or the alleged breach
thereof.
SECTION 13. Disclaimers of Third Party Beneficiaries. This
Agreement is solely for the benefit of the formal parties
hereto and no right or cause of action-shall accrue upon or by
reason hereof or to ox from or for the benefit of any third
par~y not a formal party hereto.
",
SECTION 14. Severability. If any part of this Agreement is
fo~nd invalid or unenforceable by any court, such invalidity
or'unenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Applicable Law. This Agreement and ~he provisions
contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the
entire Agreemen~ between the parties hereto with respect to
this transaction and supersedes all prior negotiations and all
prior written or oral understandings.
8-6- 96
kEUSE/HUNTERSRUN/DELlVERZ.AGR
12
SECTION 17. Amendments. This Agreement may only be amended,
supplemented or discharged by an instrument in writing signed
by all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually
agreeable memorandum thereof will be recorded in the public
records of Palm Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the
other party, in writing, as to the status of its construction
document preparation and construction of associated
improvements on a monthly basis to ensure that both parties'
activities are progressing with reasonable diligence.
SECTION 20. Completion Date. The Board agrees to use its best
efforts have its Reclaimed Water facilities completed and
available for use for RECIPIENT and RECIPIENT agrees to use
its best efforts have its Irrigation System complete and to
accept delivery of Reclaimed Water from the BOARD on or before
November 1, 1997, subject to matters' beyond the reasonable
control of either party. Notwithstand~ng any provision of
this Agreement to the contrary, the RECIPIENT shall have the
absolute obligation to commence payments for the reclaimed
water upon the completion of construction as provided for in
Section 3.5 above.
SOUTH CENTRAL REGIONAL WASTEWATER
TREAT>>ENT AND DISPOSAL BOARD
By:
y r- /7
,/ i ;.,./11 L-;.
Chairman
,,:/# /"
c-~~~~~~,~
/
AP. ~.. R_?V.E> D AS TO/ORM:
~./ I------/f
BOard Attorne~'
,/
HUNflS RUN GOLF & RAC2. u~ CLUB
BV~- ~4(
( )
, /
-~
8-6-95
REUSE/HUNTERSRUn/DELlVER2.AGR
13
APPROVED BY:
~_. .
/,,'"
/'
,. /~~/ /~f
./ /- -~ "----- /
Ci.t~L6f D.e),ray B~ach, Mayor
APPROVED BY: . /~
,/ _/ ./ ,,'
//
~;~>': / ~t. ----,-~ ':.,'~-~~-~~-;/ ...
('\~-Y-1 Y ~1///~
Ci.ti of Bqinton,;Hea-ch, Mayor
L-.. II' ,~~;?
"
"
--;;::-~/
,""-'
" /,?~(~;::: -~-,-.~
8-6-96
REUSS/HUNTSRSRUH/DELIVRR2_AGR
14
EXHIBIT "A"
HUNTERS RUN GOLF & RACQUET CLUB located in Section
5, Township 46 South, Range 43 East, as recorded in
Plat Book 36 of the Public Records of Palm Beach
County, Florida.
....~. ",
.......-<
:~
8-6-96
REUSE/HUMTERSRUN/DELlVER2.AGR
15
EXIrmrr D
o PEM TINe RESTRl CTs
Recipient shaJ/ m.un rain COm p Jianec with the f oJ/owin g ope" tin g r eslIi ctions for protecti n g
human health, welfare and safety, and the environment
"'.
L The pub lie shaJI be notified of the us< of reclaimed water by po"; n g advisory si gus, not es
on SCOre cards or other methods in accordance with Chapter 17-610-468 FAC.
2 Direct connections between the reclaimed Wdler system and migation Water system shaJl
nOI he allowed withouI the Use of appropriate backllow prevention devices.
3. No cross-wnnection to potable "'(fler systems shall be alIowed.
4. AJ/ recl.umed waler vaJves and ourJe<s shall be approplialcly color coded and labeled in
accordance wi th Chapter i 7-6 I 0.4 70 FA C 10 warn pub I ic an d employ"", that th e Wa ler
is nO{ inte~d~ for. drinking. .
5.' Sethaek distmces to POtable water SUpply wells and the Use of low tJajectory nozzles shall
he in accordance wjtb Chapter 17-610.471 FAC.
6. The use ofrecl.umed water shaJI be consistent with aJl applieoble federal, state, and local
Jaws and regulations.
^-'\ln~lT-B
E.xhibit B
January 1995
P.~ ) of)
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EXlHBlTD
Board shall monitor the reclaimed water for lhe following paramelers and ngrccs to divert reclaimed
waler which excceds the specified limits.
Enclosure'
Parameter Sampling FrUjuency limitlll
T urbidil)" Contjnuous lNTU
Chlorine Residual COnt inuous (minimum)
Chioride Continuous 350
CBODc;) Daily 20
TS S ()) Dajlv 5
pH Hourl)' 6 to 7.5 unitsr~)
7.8 units(6)
Aluminum Annual 1.0
Arsenic Annual O. I 0
B eryll ium Annual O,} 0
Boron Annual 0.50
Cadmium Annual O.OJ
Chromium Annual 0.1
Cobalt Annual 0.05
Copper AnTiual 0_2
Fluoride Annual 1.0
lron Annual 5.0
wd Annual 5.0
Lithium Annual ~5
Manganese Annual 0.2
Molybdenium Annual 0.005
Nid~e1 Annual 0.02
Selenium Annual 0.02
Vanadium Annual 0.10
Zinc Annual 2,0
Bicarbonate (as CaCO_) Annual 120
"'-0 ..~ .:J~
Calcium Annual (4)
Magnesium Annual (4)
....~
Sodium Annual (4)
Sodium Adsomtion Ratio Annual 6 units
(I) Maximum concentration exp~s~ -inmWL unless noted.
(2) Carbonaceous Biochemical Oxygen Demand (CBOD).
(3) Total Suspended Solids rrsS).
(-Cj
lnfonnation used in calculation of Sodium Adsorption Ratio (SAR).
(5) Dailv 3\'C:r.U!C
(6) 2-HoUf dudtion
W:'.7~7~\EXHlBn.D
Exhibit D
January 1995
P.~ I or I
ASSIGNMENT AGREEMENT
~05-081
* '
H
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER
TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Pine Tree
Golf Club, concerning delivery and acceptance of reclaimed water dated the 17 th day of January,
1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water
Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD;whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
2. BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created underthe said Reclaimed Water Agreement pursuant to this assignment.
:. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL WASTEWATER
TRE TMENT AND DISP AL BOARD
"
~
Muir c.
APPROVED AS TO FORM
BO)~~
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
....'>,.
1~
CITY OF BOYNTON BEACH
By:
Mayor
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
AND PINE TREE GOLF CLUB CONCERNING DELIVERY
AND ACCEPTANCE OF RECLAIMED WATER
THIS AGREEMENT is made and entered into on this \ "7 day
.
of c..-~_.h/.... ~, by and between South Central
Regional Wastewater Treatm~htl and Disposal Board, a municipal
corpO'ration created pursuant to the laws of the State of
Florida (hereinafter BOARD), and Pine Tree Golf Club
(hereinafter RECIPIENT).
Accordingly, for and in consideration
contained herein, mutual understandings
contained herein, and other consideration,
suf~iciency of which is hereby acknowledged
the parties Covenant and agree as follows:
of the recitals
and agreements
the receipt and
by the parties,
SECTION 1. Recitals. The below recitals are true and
correct and form a material part of this Agreement.
1.1 The parties hereto represent to one another that each
has the full power and authority to enter into this Agreement
and to carry out their respective obligations thereunder. The
BOARD is composed of the Cities of Boynton Beach and Delray
Beach (the "Cities"), pursuant to an Interlocal Agreement
entered into pursuant to Chapter 163, Florida Statutes.
1.2 The parties recognize that reuse of Reclaimed Water is
in the public interest " as it recaptures an otherwise wasted
and unused water resource. The BOARD owns and operat.es
wastewater facilities which it proposes to upgrade to produce
Reclaimed Water suitable for irrigation of areas, such as
golf courses, parks, school' grounds and cemeteries, and
RECIPIENT is willing to accept such Reclaimed Water for
irrigation purposes in the public interest.
1.3 In a normal year, RECIPIENTS will irrigate
approximately 240 days and most of RECIPIENT'S daily
requirements will be needed during approximately 12 hours
commencing about sundoWn. BOARD agrees to use its best
effortp,to supply Reclaimed Water on demand to RECIPIENT up to
the volume and at the charge set forth in this. Agreement.
RECIPIENT has valuable golf COurses that require access to
such~Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water but is doing so in reliance upon the RECIPIENT entering
into this Agreement.
7-23-96
REUSE\DELlVER2_AGR
1
1.4 The RECIPIENT owns and controls land which is
described in Exhibit "An (the "Property"), attached and made
a part "hereof by reference.
1.5 RECIPIENT agrees to: (a) irrigate the Property using
Reclaimed Water; (b) maintain the storage facility, if
applicable, ponds and lakes, if applicable, pumps and
irrigation system to be located on the Property from the point
of delivery; and (c) upgrade its irrigation system when
reasonable and economical to utilize the volume of Reclaimed
Water accepted from the BOARD and as required to meet any
federal, state, or local requirements, (d) maintain compliance
with the operating restrictions for protecting human health
and the environment attached thereto as Exhibit "B".
1.6 Recipient shall accept the Reclaimed Water delivered
by the BOARD and use it for irrigation of the Property. The
BOARD shall be deemed to be in possession and control of the
Reclaimed Water until it shall have been delivered to the
RECIPIENT at the Point of Delivery. After such delivery, the
RECIPIENT shall be deemed to be in possession and control
thereof.
1.7 The RECIPIENT agrees to maintain all Federal, State
and governmental permits issued to it and necessary to allow
it to receive and utilize the Reclaimed Water pursuant to the
terms of this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or
encumber the Property in areas irrigated with the Reclaimed
Water shall not be restricted by this Agreement. This
Agreement shall run with the land so long as the use of a
major portion of the Property shall continue to be for golf
course and related purposes. Any subsequent party in interest
to such golf course or courses shall be obligated to receive
and pay for Reclaimed Water under the same terms and
conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
1.9 METER. The design and construction of the metering
facility shall be the responsibility of the BOARD and must be
mutualay approved in advance in writing by BOARD and
RECIPIENT. The meter will b~ utilized to measure the amount of
Reclaimed Water delivered by the BOARD to RECIPIENT and the
BOARD shall operate, maintain, cause to be calibrated, and
repair said meter..
1.10 CONSTRUCTION. Upon completion of the engineering
design of the metering facility, and the acceptance of same by
both parties, the metering facility will be constructed by the
BOARD and placed into service.
7-23-96
REUSE\DELIVER2.AGR
2
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter
and related appurtenances and the lines' interconnecting
BOARD's system into the metering facility, including all
valves and appurtenances up to and including the discharge
flanges of the valves immediately downstream of the meter. The
parties agree that the RECIPIENT shall have reasonable
access to the metering facility, to all other Reclaimed Water
meters, check valves, and any other appurtenances thereto, to
verify flows, meter readings, meter calibrations, efficiency
of the check valves, and any other performance data necessary
to the operations of the Interconnection facility upon
reasonable advance notice to the Board. The metering device
shall be tested and calibrated, at BOARD's expense, at least
once per year and repaired if required. Any errors in meter
reading and any discrepancy in meter results from a true and
correct measure of Reclaimed Water flow to RECIPIENT shall pe
adjusted properly and retroactively to reflect the flow to
RECIPIENT. Any incorrect metering device shall be repaired
forthwith by the BOARD.
1.12 This agreement has been duly authorized by all named
parties. Pursuant to Section 3 (C) of the Interlocal
Agreement dated December 26, 1974, between the City of Boynton
Beach and the City of Delray Beach, this Agreement and all
provisions thereof have been contractually approved by a
majority vote of each City Council as the act of each City,
or, if such approval has not already been obtained, such
approval will be obtained and certified to RECIPIENT before
this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing
this Agreement, the following words, phrases and terms shall
have the following meanings, unless the context requires
otherwise:
2.1 "Agreement" means this Agreement between BOARD and
RECIPIENT.
2.2 "FDEP" means the Florida Department of Environmental
Protection, and its successors.
... ~- .,
2.3 "Fiscal Year" means October 1 to September 30 of the
f<?llowing year.
2.4 "GPO" means gallons per day.
2.5 "Irrigation system" means those prunp stations, lines,
pipes, sprinkler heads, ponds and lakes, storage facilities,
if applicable, and pertinent equipment that are located on
RECIPIENT's property and used to store, spray and irrigate
with Reclaimed Water that has been treated in accordance with
7-23-96
REUSE\DELlVERZ.AGR
3
all applicable governmental regulations and in accordance with
the terms and provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Peint of delivery" means the point at
which divides the BOARD's wastewater facilities
RECIPIENT's irrigation system, or as otherwise
engineering drawings approved by both parties.
the meter
from the
noted on
2.8 "Reclaimed Water" means wastewater that has been
treated in accordance with Section 3.4 of this Agreement.
2.9 "Reclaimed Water Disposal Facilities" means those
facili ties necessary for the storage, if applicable,'
transportation and disposal of wastewater previously treated
in accordance with applicable local, state and federal
standards and limitation at the plant to the standard of
Reclaimed Water. These facilities include, but are not limited
to, any Reclaimed Water transmission facilities, irrigation
systems and storage facilities, if applicable.
2.10 "Reclaimed Water Transmission Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may
be designed, permitted and constructed on the Property, if
.applicable, or upon the BOARD's property, if applicable, and
which are necessary to store and hold Reclaimed Water in a
manner that complies with regulatory re.quirements.
2.12 "Wastewater" means the product received by the
wastewater treatment facility for treatment.
2.13 "Wastewater Facilities" means ~ the BOARD's plant
located at 1801 North Congress Avenue, Delray Beach, Florida,
and Reclaimed Water transmission facilities, including all
interceptors, lines, pipes, meters, couplings, pumps, force
mains, and appurtenant equipment necessary to treat and
transmit the Reclaimed Water.
sEc'TroN 3. Grant of License and Easement. RECIPIENT hereby
grants to BOARD an easement over the Property, including a 15
fqpt utility easement to be mutually agreed upon and located
in the approximate location depicted on Exhibit "C" attached
hereto, to allow construction, operation, maintenance and
repair of the BOARD's Reclaimed Water transmission main to
the point of delivery, and'the right to transmit, deliver and
dispose of Reclaimed Water through the irrigation system and
storage facility, if applicable, on the Property in accordance
with and subject to the following conditions:
7-23-96
REUSE\DELlVERZ .J\GR
4
3.1 Desion and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed
Water at the point of delivery. RECIPIENT agrees to design,
pennit, install and operate, at its sole expense, any storage
facili ty, if applicable, and the irrigation system on the
Property up to the point of delivery.
3.2 Permits and Approval for the Irrioation System.
Recipient shall be responsible, in cooperation with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation
system: provided, however, that Board shall be responsible
for,obtaining and maintalning all. pennits for Reclaimed Water
disposal facil~ties. For all wastewater facilities located
on its side of the point of delivery, Board shall be solely
responsible for obtaining, compiling, providi~g and complying
with all monitoring, sampling, testing, and reporting
requirements for the Reclaimed Water, which may be imposed by
government law, rule, pennit, or approval. Recipient shall
grant Board upon reasonable advance notice to RECIPIENT access
to the irrigation system as needed to assure continued
compliance with applicable laws and regulations, including,
but not limited to, any monitoring or testing requirements.
3.3 ,A. Delivery of Reclaimed Water. BOARD agrees to use
its best efforts to make available and deliver in the volume
and at the times requested, an annual volume of Reclaimed
Water of at least 86 million gallons (MGY), with maximum
voluineany one day up to but not to exceed 800,000 gallons per
day (GPD), at a rate of 1,750 gallons per minute (GPM), for
use on the Property and, at its cost, to connect the BOARD's
Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the point(s) of delivery agreed upon and
as shown in Exhibit "COl. Both RECIPIENT and BOARD recognize
that wate~ supply and demand will vary depending on a number
of factors, primarily climatic conditions.
B. Storacie. The RECIPIENT shall maintain, in
compliance with all applicable laws and regulations, the
necessary storage facilities on their property at their sole
expense.
"
3.4 Quality of Reclaimed Water. BOARD shall make
available to RECIPIENT Reclaimed Water of a quality consistent
with the requirements of "public access" treatment levels as
set forth in Chapter 17-61.0, Florida Administrative Code, or
its successor Code provisions, or of a quality consistent with
more stringent requirements that may be imposed by any
governmental agency having jurisdiction and legal authority.
In recognition of the need to supply Reclaimed Water, the
7-23-96
REllSJ;\DJ;LlVER2 .AGR
5
BOARD shall also be required to comply with effluent
limitations set forth in Exhibit OlD". All Reclaimed Water
made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to
remove harmful levels of bacteria, viruses, and other
constituents or pollutants which could constitute a danger to
human health, and in accordance with all applicable federal,
state and local laws, rules, regulations, policies,
ordinances, resolutions, orders and permits and the
requirements of Exhibit OlD". BOARD shall provide continuous
monitoring of chlorine and turbidity, as well as other
required ground and surface water quality sampling and
monitoring of Reclaimed Water as required by local, state and
federal regulations and by Exhibit "0". BOARD agrees to
divert away as expeditiously as possible, from the irrigation
sys'tem, any Reclaimed Water which does not comply with the
terms and conditions of this Agreement or which does not meet
the applicable state, federal or local laws and regulations
and to promptly and fully notify RECIPIENT of such action.
Copies of all test results shall be available to RECIPIENT
upon request.
3.5 Minimum Purchase of Reclaimed Water by RECIPIENT.
Upon completion of the construction of the wastewater
facilities and continuing for so long as BOARD complies with
the requirements set forth in this Agreement, RECIPIENT has an
obligation to pay for at least 86 million gallons annually of
Reclaimed Water for spray irrigation on the Property, subject
to conditions as set forth in Section 3.3 of this Agreement.
Notwithstanding anything to the contrary, Recipient shall not
be obligated to accept delivery of or pay for Reclaimed Water
which does not comply with the terms and conditions of this
agreement. Such exception to RECIPIENT'S obligation to accept
delivery of such Reclaimed Water by reason of the Board's
failure to meet the water quality standards required in this
Agreement shall relieve RECIPIENT of its obligation to pay
BOARD for the minimum annual volume set forth above at the
rates determined pursuant to Paragraph 5 below only to the
extent that the BOARD shall not have made available to
RECIPIENT such annu_.:il minimum volume of Reclaimed Water
mee~ing the requirements of this Agreement through the
completion of the then current fiscal year. Recipient shall
not transfer the water provided by Board to any third party or
o~f of the Recipient's property which is the subject of this
agreement.
3.6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the
point(s) of delivery.
7-23-96
REUSE\DELlVERZ.AGR
6
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right to the exclusive receipt of BOARD's
Reclaimed Water supply.
3.8 The BOARD agrees that it will not enter into
contracts with other recipients of Reclaimed Water for more
than its daily supply capacity as the same exists from time to
time.
SECTION 4. Term and Fees
4.1 Term. The Easement and this Agreement shall be in
effect for a period of twenty (20) years corrunencing on the
date of execution of this Agreement. The term of the Easement
and this Agreement shall be automatically extended for
successive periods of ten (10) years each, upon the same terms
and conditions as herein provided, unless either party hereto
notifies the other by certified mail at least three years
prior to the expiration of the initial term of this Agreement
or any renewal thereof, that this Agreement shall not be so
extended. .
4.2 Payment of Fees. In return for and in consideration
of BOARD's construction of facilities and delivery of
Reclaimed Water, RECIPIENT agrees to pay BOARD a one-time
connection fee of $5,100.00 and a volume charge of 20c for
each 1,000 gallons of Reclaimed Water used I (the "Volume
Charge") but on an annual basis not less than the above rate
times the minimum quantity RECIPIENT has agreed to purchase
under Section 3.5 together with a storage charge equal to 8e,
(the "Storage Charge") for each 1,000 gallons of Reclaimed
Water the Volume Charge for which is paid for by RECIPIENT, as
provided above. SU9h storage charge shall remain constant and
shall not be adjusted, during the term of this Agreement or
any extension. Payment of the connection fee shall be in one
lump sum no later than the commencement of construction of the
modification to the BOARD's wastewater facilities for the'
treatment and production of Reclaimed Water. The Volume
Charge shall remain constant until the expiration of the
third (3) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires between the
time ~OARD commences or makes available delivery of Reclaimed
Water and the end of. the first fiscal year, such first year
shall not count as the first ~iscal year), after which the
price will be redetermined as provided in Section 5. The
BOARD shall render billings to RECIPIENT for 'both the volume
charge and storage charge on a monthly basis for such
applicable charges on the basis of the greater of the actual
Reclaimed Water delivered or the volume charge and storage
charge for 1/12th of the minimum guaranteed annual volume
agreed to be accepted by RECIPIENT pursuant to Section 3.5
above; provided that RECIPIENT shall pay no more, on a fiscal
year basis, than ( i) such minimum annual guaranteed volume
7-23-96
IlEUSE\DELlVERZ.AGR
7
charge or (ii)charges for Reclaimed Water actually accepted
during the fiscal year, whichever is more.
4.3 In the event the BOARD shall not be able to deliver
Reclaimed Water in the minimum volume agreed to in Section 3.5
of this Agreement, as a result of its inability to do so and
through no action or inaction on the part of the RECIPIENT,
the RECIPIENT shall be entitled to a credit for such shortage
in the minimum agreed to volume (by a proportionate
reduction) .
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Volume Charge shall be adjusted after the first three (3)
fiscal years as aforesaid upward or downward based on one-half
(1)of the year-to-year change in the actual operating costs
of producing, metering and delivering Reclaimed Water from
effluent and transmitting it to the point of delivery for the
RECIPIENT as it relates to the preceding year's Volume Charge,
however, such Volume Charge shall never be less than 20C per
thousand gallons nor shall an increase be applied if the
actual operating costs shall be less than said 20C per
thousand gallons. The first such adjustment shall occur
effective the first day of the fourth fiscal year following
the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (!) the relative increase or decrease
in actual operating costs incurred by the BOARD during the
second fiscal year of delivery of Reclaimed Water to RECIPIENT
as compared to the third fiscal year and for each subsequent
year thereafter as compared to the previous year. The actual
operating cost and change therein shall be the basis for
determining the index for making the adjustments in the Volume
Charge. Actual operating costs ("Actual Operating Costs")
shall be determined in conformity with generally accepted
accounting principles consistently applied, except the
depreciation of plant and equipment and any other provision
for capital recovery, including interest on long term debt,
shall not be included as operating costs, as such costs are
properly allocable to wastewater customers. Any increase or
decrease in the Volume Charge shall be determined as soon as
reasonably practicable and shall be effective retroactive to
the 'scheduled date of adjustment and a sum due to the BOARD
as a result of the retroac.tive effect of such adjustment or
the credit due the RECIPIENT, if applicable, shall be
reflected in the next billings regularly submitted by BOARD to
RECIPIENT as provided in Subparagraph 5.4.
5.1 BOARD personnel shall establish, or cause to be
established, and maintain an accbunting system in which such
current operating costs are recorded monthly in separate
accounts from sewage processing accounts. Costs shall be
recognized on a first-in first-out basis. The BOARD personnel
shall prepare and preserve any studies relating to the
allocation of operating costs on other than an actually
incurred basis. By way of example, the parties agree that all
7-23-96
REUSE\DELIVRR2.AGR
8
operating and mai _enance costs of labor, che .:::als and power,
permits, regulatory requirements, legal, engineering,
administration, testing, meter calibration and contract
services may be allocated based on appropriate data or
studies. Such current operating costs shall be recorded on a
consistent basis from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost
per thousand gallons of Reclaimed Water delivered beginning
with the second fiscal year after the plant starts to deliver
Reclaimed Wat~r to RECIPIENT.
5.2 By way of example, if delivery begins on October 6,
1996, the third fiscal year thereafter would be October 1,
1998 to September 30, 1999. Assume that the actual cost of
producing Reclaimed Water for the fiscal year October 1, 1997
through September 30, .1998 was 216. Further, assume that the
Actual Operating Cost of producing and delivering Reclaimed
Water to RECIPIENT during the second fiscal year to the end of
the third fiscal year (October 1, 1997, through September 30,
1999) increased from 21<: per thousand gallons to 23<: per
thousand gallons. The index for increase would be calculated
by dividing the base cost of 216 per ~housand gallons into
one-half (1) the 26 increase in cost, resulting in an increase
of 4.76% to the p.revious years' Volume Charge of 206 per
thousand gallons for the fourth fiscal year, equal to 20.95<:
per thousand gallons (1 x 2 = 1 + 216 = .0476, then 206 x
1.0476 = 20.956).
5.3 As soon as reasonably practical, after each fiscal
year for which the contract price is subject to adjustment ,
the BOARD shall prepare a statement showing in reasonable
detail the actual operating costs to produce ReclairnedWater
from effluent for the latest two fiscal years. For each such
year, the statement shall also sJlow (1) the number of gallons
in thousands of Reclaimed Water delivered to Reclaimed Water
users, (2) the cost per thousand gallons ~f Reclaimed Water
calculated by dividing such operating costs by such gallons,
( 3) the calculation of the ratio of change in cost per
thousand gallons from the earlier year to. the later year, and
(4) the calculation of the adjusted price for the later year.
This statement shall be deemed to be the responsibility of the
BOARD, and the BOARD's. Executive Director shall attest in
writ~~g, to the propriety of the costs and calculations shown
thereon.
;;..5.4 By January 15 of each year, the BOARD'S Executive
Director shall submit to RECIPIENT the supplemental statement
set forth in the preceding paragraph, together with the
attestation thereto by the BOARD. At the same time, the
BOARDS Executive Director shall submit to RECIPIENT a bill or
credit showing (l)the amount paid by the RECIPIENT for
Reclaimed Water delivered in the current fiscal year, (2)the
amount payable for Reclaimed Water delivered in the current
fiscal year based on the adjusted price for the year as set
forth above, and (3)the difference. Any such difference shall
7-23-96
REVSE\DELlVER2.AGR
9
be either paid pL .ptly by the RECIPIENT, or
In the next billing to the RECIPIENT.
)wn as a credi t
5.5 For billing purposes only prior to the d~termination
of actual costs for adjusting the Volume Charge, during each
year subject to price adjustment, the BOARD may use a
tentative price per thousand gallons based on using budgeted
costs for the current year in the price adjustment calculation
set forth above.
5 . 6 RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
records, and production records of the BOARD.
5.7 Notwithstanding the above provisions, the price paid
by the RECIPIENT for Reclaimed Water shall be adjusted
downward in the event the BOARD offers Reclaimed Water to any
other non-governmental customer(s) upon substantially similar
terms and conditions for the same use of the Reclaimed Water
at a lower charge than RECIPIENT is or will be paying under
this Section 5. Such downward adjustment shall be made to
guarantee RECIPIENT that no other user of Reclaimed Water for
similar purposes shall receive a more favorable charge than
will also be given to RECIPIENT under similar circumstances.
5.8 To the extent that the BOARD receives governmental
or environmental noncapital improvement subsidies which are
provided to the BOARD for encouraging wastewater reuse and
which are intended to be applied pursuant to the terms of such
grant or subsidy to the operational costs of the Reclaimed
Water facility, as opposed to capital improvements or
expansion of such Reclaimed Water facility, the BOARD will
apply such funds, to the extent allowed, to its Reclaimed
Water facility operating costs.
5 . 9 The parties to this Agreement agree and recognize
that RECIPIENT is under no legal or other obligation to enter
into this Agreement for reuse of wast~ewater. RECIPIENT
currently has operating permits from FDEP and the Water
Management District to pump surface and ground water for all
RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump
this surface and ground water is substantially less than the
charges RECIPIENT wi~ll pay for Reclaimed Water under this
Agreement. RECIPIENT'S only consideration and motivation to
enter into this Agreement is to insure sufficient irrigation
water by receiving its full allocation of Reclaimed Water on
d~and in accordance with the rate and delivery conditions set
forth in this Agreement, free from adverse environmental or
climatic impact. RECIPIENT has determined that the benefits
of this Agreement are only marginally economically feasible.
Therefore, if as a result of any action by the BOARD, the City
of Delray Beach or the City of Boynton Beach, RECIPIENT would
be required to pay charges in excess of those established
under Section 5, then RECIPIENT shall have the option of
canceling this Agreement upon sixty (60) days advance written
notice to the BOARD.
7-2)-96
REUSE\DELlVERZ.AGR
10
SECTION 6. Inspt. .:ion. BOARD shall have U right to enter
RECIPIENT's property, upon proper identificcttion and at any
reasonable time, in order to inspect the irrigation system as
may be necessary or desirable for the operation, safety,
protection, or preservation thereof, to determine compliance
with any law, order or regulation of any governmental
authority having jurisdiction, and for sampling at any
monitoring wells located on the property. RECIPIENT shall have
the right to enter the BOARD's plant and properties and the
right of access to its wastewater facilities and records, at
any reasonable time, for the purpose of determining whether
the BOfu~D is in compliance with this Agreement.
SECTION 7. Assignments. This Agreement can be assigned by
RECIPIENT only with the prior written approval of BOARD, but
such approval shall not be unreasonably withheld, provided the
assignee shall assume this Agreement and shall demonstrate to
BOARD its financial ability to comply with the provisions
hereof.
SECTION 8. Notices; Proper Form. Any notice required or
allowed to be delivered hereunder shall be in writing and
shall be deemed to be delivered when (1) hand delivered to the
of f ic ial hereinafter designated, (2) upon receipt of such
notice when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed
to a party at the address set forth opposite the party' name
below, or at such other address as the party' shall have
specified by written notice to the other party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL' BOARD
Executive Director
1801 North Congress Avenue
Delray Beach, FL 33445
RECIPIENT
PINE TREE GOLF CLUB
CIO Club Manager
10600 Pine Tree Terrace
Boynton Beach, FL 33436
COpy TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
7-23-96
REUSE\DELlVER2.AGR
11
COpy TO:
Robert w. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall
give the other party written notice of any defaults hereunder
and shall allow the defaulting party 30 days from the date of
receipt to cure such defaults, except failure to deliver water
on demand.
SECTION 10. Default by Either Party. If any party hereto fails
to perform or comply with any of the conditions of this
Agreement, and if the nonperformance shall continue for a
period of thirty (30) days after the written notice thereof to
the non-performing party, or if the performance cannot be
reasonably completed within the 30-day period, or if the non-
performing party does not in good faith commence performance
within the 3D-day period and does not diligently proceed to
complete performance, the non-performing party shall be in
default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail
to comply with any reuse water rule or regulation of any
Federal, State or County or local agencies, except BOARD, or
violate any permit granted with regard to the use of the
irrigation system on the RECIPIENT's property, then RECIPIENT
shall indemnify the BOARD, its off icers ~ governing board,
employees and agents against all claims, demands, causes of
actions, suits, judgments, fines, penalties, or losses,
including all costs suffered or incurred by the BOARD by
reason of such failure. In the event the BOARD shall fail to
comply with any rule, regulation, order of any Federal, State
or County or local agency, or fail to deliver water meeting
the quality standards provided by this Agreement, then the
BOARD shall, to the extent allowed by Jaw, indemnify the
RECIPIENT, its officers, board of directors, employees and
agents against all claims, demands, causes of actions, suits,
judgments, penalties, fines, or losses suffered or incurred by
the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party hereto shall
be fntiefault hereunder as set forth in Section 10, then the
other party shall have the. fqllowing remedy: bring suit for
th~ breach which ha~ occurred without affecting the
ohligations of the party to perform the balance of the
Agreement. The parties shall have the right not only to
injunctive relief, but also to recover any damages which a
party may incur as a result of the breach of this Agreement by
the other party. The parties further agree that any litigation
shall be brought in Palm Beach County, Florida, only, and the
parties agree that the proper venue for any such action would
only be in Palm Beach County, Florida. The parties further
wai ve any right to Jury trial they may have in any action
among them involving this Agreement or the alleged breach
thereof.
7-23-96
REUSE\DELIVERZ.AGR
12
SECTION 13. Dis. 3imers of Third Party Be: :iciaries. This
Agreement is solely for the benefit of the formal parties
hereto and no right or cause of action shall accrue upon or by
reason hereof or to or from or for the benefit of any third
party not a formal party hereto.
SECTION 14. Severability. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity
or unenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Applicable Law. This Agreement and the provisions
contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the
entire Agreement between the parties hereto with respect to
this transaction and supersedes all prior negotiations and all
prior written or oral understandings.
SECTION 17. Amendments. This Agreement may only be amended,
supplemented or discharged by an instrument in writing signed
by all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually
agreeable memorandum thereof wi.ll be recorded in the public
records of Palm Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the
other party, in writing, as to the status of its construction
document preparation and construction of associated
improvements on a monthly basis to ensure that both parties'
activities are progressing with reasonable diligence.
SECTION 20. Completion Date. The Board agrees to use its best
efforts have its Reclaimed Water facilities completed and
available for use for RECIPIENT and RECIPIENT agrees to use
its best efforts have its Irrigation System complete and to
accept delivery of Reclaimed Water from the BOARD on or before
November I, 1997, subject to matters beyond the reasonable
control of either party. Notwithstanding any provision of
this Agreement to the contrary, the RECIPIENT shall have the
absolute obligation to commence payments for the reclaimed
water upon the completion of construction as provided for in
Section 3.5 above.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT ~D DISPOSAL BOARD
/1
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ATTE.STEIY' ~Y: /71..
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Secreta,J?Y
By: ~& #/A n':" ~
Chairman ;r
7-23-96
REUSE\DELlVERZ.AGR
13
APP?L=:1'
Board Attorney
APPROVED BY:
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Ci tY'<0f D~lray ~,each 1 Mayor
APPROVED/BY: ,c
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City of/,oynton/B~ach, Mayor
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7-23-96
REuSE\PELIVERZ.JlGR
PINE T&HE' GObF ~ /.......
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14
ASSIGNMENT AGREEMENT
~05 - OB7
~q
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Pine Tree
Golf Club, concerning delivery and acceptance of reclaimed water dated the 17 th day of January,
1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water
Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed .water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting .such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
, ?-" BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created under the said Reclaimed Water Agreement pursuant to this assignment.
:., IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOUTH CENTRAL REGIONAL W ASTEW A TER
TRE MENT AND DISPOSAL BOARD
"
l<
Chairman
APPROVED AS TO FORM
B~~
A TTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
'.
CITY OF BOYNTON BEACH
By:
Mayor
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
AND FINE TREE GOLF CLUB CONCERNING DELIVERY
AND ACCEPTANCE OF RECLAIMED WATER
THIS AGREEMENT is made and entered into on this \ '7 ,day
of ('Jr..:;;,n " .. ~, by and between South Central
Regional Wastewater Treatm~rt'tl and Disposal Board, a municipal
corpo'ration created pursuant to the laws of the State of
Florida (hereinafter BOARD), and Pine Tree Golf Club
(hereinafter RECIPIENT).
Accordingly, for and in consideration
contained herein, mutual understandings
contained herein, and other consideration,
sUfTiciency of which is hereby acknowledged
the parties covenant and agree as follows:
of the recitals
and agreements
the receipt and
by the parties /
SECTION 1. Recitals. The below recitals are true and
correct and form a material part of this Agreement.
1.1 The parties hereto represent to one another that each
has the full power and authority to enter into this Agreement
and to carry out their respective obligations thereunder. The
BOARD is composed of the Cities of Boynton Beach and Delray
Beach' (the "Cities"), pursuant to an Interlocal Agreement
entered into pursuant to Chapter 163, Florida Statutes.
1.2 The parties recognize that reuse of Reclaimed Water is
in the public interest,' as it recaptures an otherwise wasted
and unused water resource. The BOARD owns and operat,es
wastewater fac~lities which it proposes to upgrade to produce
Reclaimed Water suitable for irrigation of areas, such as
golf courses, parks / school" grounds and cemeteries / and
RECIPIENT is willing to accept such Reclaimed Water for
irrigation purposes in the public interest.
1 . 3 In a nonnal year, RECIPIENTS will irrigate
approximately 240 days and most of RECIPIENT'S daily
requirements will be 'needed during approximately 12 hours
coriun~ncing about sundown. BOARD agrees to use its best
efforts 'to supply Reclaimed Water on demand to RECIPIENT up to
the volume and at the charge set forth in this. Agreement.
RECl~IENT has valuable golf courses th~t require access to
Such"Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water but is dOing SO in reliance upon the RECIPIENT entering
into this Agreement.
7-23-96
lIEUSE\DELIVER2.AGR
1
1.4 The RECIPIENT owns and controls land which is
described in Exhibit "An (the "Property"), ~ttached and made
a part 'hereof by reference.
1.5 RECIPIENT agrees to: (a) irrigate the Property using
Reclaimed Water; (b) maintain the storage facility, if
applicable, ponds and lakes, if applicable, pumps and
irrigation system to be located on the Property from the point
of delivery; and (c) upgrade its irrigation system when
reasonable and economical to utilize the volume of Reclaimed
Water accepted from the BOARD and as required to meet any
federal: state: or local requirements: (d) maintain compliance
with the operating restrictions for protecting human health
and the environment attached thereto as Exhibit "B".
1.6 Recipient shall accept the Reclaimed Water delivered
by the BOARD and use it for irrigation of the Property.. The
BOARD shall be deemed, to be in possession and control of the
Reclaimed Water until it shall have been delivered to the
RECIPIENT at the Point of Delivery. After such delivery, the
RECIPIENT shall be deemed to be in posse.ssion and control
thereof.
1.7 The RECIPIENT agrees to maintain all Federal, State
and governmentalperrnits issued to it and necessary to allow
it to receive and utilize the Reclaimed Water pursuant to the
terms of this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or
encumber the Property in areas irrigated with the ReclaLmed
Water shall not be restricted by this Agreement. This
Agreement shall run wi ththe land so long as the use of a
major portion of the Property shall continue to be for golf
course and related purposes. Any subseque~t party in interest
to such golf course or courses shall be obligated to .receive
and pay for Reclaimed Water under the same terms and
conditions at this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
1.9 METER. The design and construction of the metering
faci-lity shall be the responsibility of the BOARD and must be
mutually approved in advance in writing by BOARD and
RECIPIENT. The meter will be utilized to measure the amount of
Re~airned Water delivered by the BOARD to RECIPIENT and the
BOARD shall operate, maintain, cause to be calibrated, and
repair said meter..
1.10 CONSTRUCTION. Upon completion of the engineering
design of the metering facility, and the acceptance of same by
both parties, the metering facility will be constructed by the
BOARD andplaqed into service.
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REUSD\DELIVERZ.AGR
2
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter
and related appurtenances and the lines interconnecting
BOARD's system into the metering facility, including all
valves and appurtenances up to and including the discharge
flanges of the yalves immediately downstream of the meter. The
parties agree that the RECIPIENT shall have reasonable
access to the metering facility, to all other Reclaimed Water
meters, check valves, and any other appu~tenances thereto, to
verify flows, meter readings, meter calibrations, efficiency
of the check valves, and any other performance data necessary
to the operations of the Interconnection facility upon
reasonable advance notice to the Board. The metering device
shall be tested and calibrated, at BOARD's expense, at least
once per year and repaired if required. Any errors in meter
re~ding and any discrepancy in meter results from a true and
correct measure of Reclaimed Water flow to RECIPIENT shall Qe
adjusted properly and retroactively to reflect the flow to
RECIPIENT. Any incorrect metering device shall be repaired
forthwith by the BOARD. .
1.12 This agreement has been duly authorized by all named
parties. Pursuant to Section 3 (C) of the Interlocal
Agreement dated December 26, 1974, between the City of Boynton
Beach and the City of Delray Beach, this Agreement and all
provisions thereof have been contractually approved by a
majority vote of each City Council as the act of each City,
or, if such approval has not already been obtained, such
approval will be obtained and certified to RECIPIENT before
this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing
this Agreement, the following words, phrases and terms shall
have the following meanings, unless the context requires
otherwise:
2.1 "Agreement" means this Agreement between BOARD and
RECIPIENT.
2.2 "FDEP'" means-the Florida Department of Environmental
Pr~e~tion, and its successors.
2.3 "Fiscal Year" means October 1 to September 30 of the
fq~lowing year.
2.4 "GPO" means gallons per day.
2.5 "Irrigation system'" means those pump stations 1 lines r
pipes, sprinkler heads, ponds and lakes, storage f.acilities,
if applicable, and pertinent equipment that are located on
RECIPIENT's property and used to store, spray and irrigate
with Reclaimed Water that has been treated in accordance with
7-23-96
REUSE\DEL~VER2_AGR
3
all applicable governmental regulations and in accordance with
the terms and provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Point of delivery" means the point at
which divides the BOARD's wastewater facilities
RECIPIENT's irrigation system, or as otherwise
engineering drawings approved by both parties.
the meter
from the
noted on
2.8 "Reclaimed Water" means wastewater that has been
treated in accordance with Section 3.4 of this Agreement.
2.9 "Reclaimed Water Disposal Facilities" means those
fa,cili ties necessary for the storage, if applicable ~ .
transportation and disposal of wastewater previously treated
in accordance with applicable local, state and federal
standards and limitation at the plant to the standard of
Reclaimed Water. These facilities include, but are not limited
to, any Reclaimed Water transmission facilities, irrigation
systems and storage facilities, if applicable.
2.10 "Reclaimed Water Transmission Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may
be designed, permitted and constructed on the Property, if
-applicable, or upon the BOARD's property, if applicable, and
which are necessary to store and hold Reclaimed Water in a
manner that complies with regulatory requirements.
2.12 "Wastewater" means the product received by the
wastewater treatment facility for treatment.
2.13 "Wastewater Facilities n means the BOARD's plant
located at 1801 North Congress Avenue, Delray Beach, Florida,
and Reclaimed Water transmission facilities, including all
interceptors, lines, pipes, meters, couplings, pumps, force
mains, and appurtenant equipment necessary to treat and
transmit the Reclaimed Water.
""".
SECTION 3. Grant of LiceQse and Easement. RECIPIENT hereby
grants to BOARD an easement over the Property, including a 15
fdot utility easement to be mutually agreed upon and located
in the approximate location depicted on Exhibit "C" attached
hereto, to allow construction, operation, maintenance and
repair of the BOARD's Reclaimed Water transmission main to
the point of delivery, and' the right to transm{t, deliver and
dispose of Reclaimed Water through the irrigation system and
storage facility, if applicable, on the Property in accordance
with and subject to the following conditions:
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4
3.1 Desian and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed
Water at the point of delivery. RECIPIENT agrees to design,
permit, install and operate, at its sole expense, any storage
facility, if applicable, and the irrigation system on the
Property up to the point of delivery.
3.2 Permits and Approval for the Irriqation System.
Recipient shall be responsible, in cooperation with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation
system: provided, however, that Board shall be responsible
for'obtaining and maintaining all. permits for Reclaimed Water
disposal facilities. For all wastewater facilities located
on its side of the point of delivery, Board shall be solely
responsible for obtaining, compiling, providi~g and complying
with all monitoring, sampling, te~ting, and reporting
requirements for the Reclaimed Water, which may be imposed by
government law, rule, permit, or approval. Recipient shall
grant Board upon reasonable advance notice to RECIPIENT access
to the irrigation system as needed to assure continued
compliance with applicable laws and regulations, including,
but not limited to, any monitoring or testing requirements.
3.3 . A. Delivery of Reclaimed Water. BOARD agrees to use
its best efforts to make available and deliver in' the .volume
and at the times requested, an annual volume of Reclaimed
Water of at least 86 million gallons (MGY), with maximum
volume. any one day up to but not to exceed 800,000 gallons per
day (GPD), at a rate of 1,750 gallons per minute (GPM), for
use on the Property and, at its cost, to ~onnect the BOARD's
Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the, point(s) of delivery agreed upon and
as shown in Exhibit "C". Both RECIPIENT and BOARD recognize
that water supply and demand will vary depending on a number
of factors, primarily climatic conditions.
'" B. Storaqe. The RECIPIENT shall maintain, in
compliance with all applicable laws and regulations, the
necessary storage facilities on their property at their sole
exp~nse.
3.4 Ouality of Reclaimed Water. BOARD shall make
available to RECIPIENT Reclaimed Water of a quality consistent
with the requirements of "public access" treatment levels as
set forth in Chapter 17 ~61.0, Florida Administrative Code, or
its successor Code provisions, or of a quality consistent with
more stringent requirements that may be imposed by any
governmental agency having jurisdiction ,and legal authority.
In recognition of the need to supply Reclaimed Water, the
7-23-96
RElJ5E\DKLIVERl .AGR
5
BOARD shall also be required to comply with effluent
limi tations set forth in Exhibit "0 II . All Reclaimed Water
made available by BOARD under this Agreement shall, a't a
minimum, have been treated by advanced treatment methods to
remove harmful levels of bacteria, viruses, and other
constituents or pollutants which could constitute a danger to
human health, and in accordance with all applicable federal,
state and local laws, rules, regulations, policies,
ordinances, resolutions, orders and permits and the
requirements of Exhibit "D.r. BOARD shall provide continuous
monitoring of chlorine and turbidity, as well as other
required ground and surface water quality sampling and
monitoring of Reclaimed Water as required by local, state and
federal regulations and by Exhibit "D". BOARD agrees to
divert away as expeditiously as possible, from the irrigation
system, any Reclaimed Water which does not comply with the
terms and conditions of this Agreement or which does not meet
the applicable state, federal or local laws and regulations
and to promptly and fully notify RECIPIENT of such action.
Copies of all test results shall be. available to RECIPIENT
upon request.
3.5 Minimum Purchase of Reclaimed Water by RECIPIENT.
Upon completion of the construction of the wastewater
facilities and continuing for so long as BOARD complies with
the requirements set forth in this Agreement, RECIPIENT has an
obligation to pay for at least 86 million gallons annually of
Reclaimed Water for spray irrigation on the PropertYrsubject
to conditions as set forth in Section 3.3 of this Agreement.
Notwithstanding anything to the contrary, Recipient shall not
be obligated to accept delivery of or pay for Reclaimed Water
which does not comply with the terms and conditions of this
agreement. Such exception to RECIPIENT'S obligation to accept
delivery of such Reclaimed.Water by rea90n of the Board's
failure to meet the water quality standards required in this
Agreement shall relieve RECIPIENT of its obligation to pay
BOARD for the minimum annual volume set forth above at the
rates determined pursuant to Paragraph 5 below only to the
extent that the BOARD shall not have made available to
RECIPIENT such annual minimum volume of Reclaimed Water
mee'ting t'he requirements of this Agreement through the
completion of the then current fiscal year. Recipient shall
not transfer the water provided by Board to any third party or
off of the Recipient's property which is the subject of this
agreement.
3.6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the
point(s) of delivery.
7-23-96
REUSE\DELIVER2.AGR
6
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right to the exclusive receipt of BOARD 1 S
Reclaimed Water supply.
3.8 The BOARD agrees that it will not enter into
contracts with other recipients of Reclaimed Water for more
than its daily supply capacity as the same exists from time to
time.
SECTION 4. Term and Fees
4.1 Term. The Easement and this Agreement shall be in
effect for a period of twenty (20) years commencing on the
date of execution of this Agreement. The term of the Easement
and this Agreement shall be automatically extended for
successive periods of ten (10) years each, upon the same terms
and conditions as herein provided, unless either party hereto
notifies the other by certified mail at least three years
prior to the expiration of the initial term .of this Agreement
or any renewal thereof, that this Agreement shall not be so
extended.
4.2 PaYment of Fees. In return for and in consideration
of BOARD's construction of facilities and delivery of
Reclaimed Water, RECIPIENT agrees to pay. BOARD a one-time
connection fee of $5,100.00 and a volUme charge of 206 for
each 1,000 gallons of Reclaimed Water used, (the "Voluine
Charge") but on an annual basis not less than the above rate
times the minimum quantity RECIPIENT has agreed to purchase
under Section 3.5 together with a storage charge equal to 8~,
(the "Storage Charge") for each 1,000 gallons of Reclaimed
Water the Volume Charge for which is paid for by RECIPIENT, as
provided ~ove. SU9h storage charge. shall remain constant and
shall not be adjusted, during the term. of..th.is Agreement or
any extension. Payment of the connection fee shall be in one
lump sum no later than the commencement of construction of the
modification to the BOARD's wastewater facilities for the.
treatment and production of Reclaimed Water. The Volume
Charge shall remain constant until the expiration of the
third (3) fiscal .year from the commencement of pumping
(pro~~d~d that if less than six (6) months expires between the
time BOARD commences or makes available delivery of Reclaimed
Water and the end of. the first fiscal year; such first year
shall not count as the first fiscal year), after which the
pric~ will be. redetermined as provided in Section 5.. The
BOARD shall render billings to RECIPIENT for both the volume
charge and storage charge on a monthly basis for such
applicable charges on the basis of the greater of the actual
Reclaimed Water delivered or the volume charge and storage
charge for 1/12th of the minimum guaranteed annual volume
agreed to be accepted by RECIPIENT pursuant to Section 3.5
above; provided that RECIPIENT shall pay no more, on a fiscal
year basis, than ( i) such minimum annual guaranteed volume
7-23-96
~SE\DELIVER2.AGA
7
charge or (ii)charges for Reclaimed Water actually accepted
during the fiscal year, whichever is more.
4.:3 In the event the BOARD shall not be able to deliver
Reclaimed Water in the minimum volume agreed to in Section 3.5
of this Agreement, as a result of its inability to do so and
through no action or inaction on the part of the RECIPIENT,
the RECIPIENT shall be entitled to a credit for such shortage
in the minimum agreed to volume (by a proportionate
reduction) .
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Volume Charge shall be adjusted after the first three (3)
fiscal years as aforesaid upward or downward based on one-half
(1)'of the year-to-year change in the actual operating costs
of producing, metering and delivering Reclaimed Water from
effluent and transmitting it to the point of delivery for the
RECIPIENT as it relates to the preceding year's Volume Charge,
however, such Volume Charge shall nev~r be less than 206 per
thousand gallons nor shall an increase be applied if the
actual operating costs shall be less than said 206 per
thousand gallons. The first such adjustment shall Occur
effective the first day of the fourth fiscal year following
the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (!) the relative increase or decrease
in actual operating costs incurred by the BOARD during the
second fiscal year of delivery of Reclaimed Water to RECIPIENT
as compared to the third fiscal year and for each subsequent
year thereafter as compared to the previous year. The actual
operating cost and change therein shall be the basis for
determining the index for making the adjustments in the Volume
Charge. Actual operating costs ("Actual Operating Costs")
shall be determined in conformity with _generally accepted
accounting principles consistently applied, except the
depreciation of plant and equipment and any other provision
for capital recovery, including interest on long term debt,
shall not be included as operating costs', as such costs are
properly allocable to wastewater customers. Any increase or
decrease in the Volume Charge shall be determined as soon as
reasonably practicable and shall be effective retroactive to
the scheduled date of adjustment and a sum due to the BOARD
as a result of the retroactive effect of such adjustment or
th~ credit due the RECIPIENT, if applicable, shall be
refletted in the next billings regularly submitted by BOARD to
RECIPIENT as provided in Subparagraph 5.4.
5.1 BOARD personnel shall establish, or cause to be
established, and maintain an accbunting system in which such
current operating costs are recorded monthly in separate
accounts from sewage processing accounts. Costs shall be
recognized on a first-in first-out basis. The BOARD personnel
shall prepare and preserve any studies relating to the
allocation of operating costs on other than an actually
incurred basis. By way of example, the parties agree that all
7-23-96
REUSE\DELlVER2.AGR
8
operating and maL .enance costs of labor, che .:?als and power,
permits, regulatory requirements, legal, engineering,
administration, testing, meter calibration and contract
services may be allocated based on appropriate data or
studies. Such current operating costs shall be recorded on a
consistent basis from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost
per thousand gallons of Reclaimed Water delivered beginning
with the second fiscal year after the plant starts to deliver
Reclaimed Water to RECIPIENT.
5.2 By way of example, if delivery begins on October 6,
1996, the third fiscal year thereafter would be October 1,
1998 to September 30, 1999. Assume that the actual cost of
producing Reclaimed Water for the fiscal year Octeber 1, 1997
through September 30, .1998 was 21<:. Further, assume that the
Actual Operating Cost of producing and delivering ReclaLmed
Water to RECIPIENT during the second fiscal year to the end of
the third fiscal year (October 1, 1997, through September 30,
1999) increased from 21<: per thousand gallons to 23<: per
thousand gallons. The index for increa~e would be calculated
by dividing the base cost of 21<: per thousand gallons into
one-half (t) the 2<: increase in cost, resulting in an increase
of 4.76% to the p.revious years' Volume Charge of 20<: per
thousand gallons for the fourth fiscal year, equal to 20.95c
per thousand gallons (1 x 2 = 1 21<: = .0476, then 20c x
1.0476 = 20.95c).
5.3 As soon a.s reasonably practical, after each fiscal
year for which the contract price is subject to adjustment ,
the BOARD shall prepare a statement showing in reasonable
detail the actual operating costs to produce Reclaimed.Water
from effluent for the latest two fiscal years. For each such
year, the statement shall also spow (1) the number of gallons
in thousands of Reclaimed Water delivered to Reclaimed Water
users, (2) the cost per thousand gallons .of Reclaimed Water
calculated by dividing such operating costs by such gallons,
( 3 ) the calculation of the ratio of change in cost per
thousand gallons from the earlier year to. the later year, and..
(4) the calculation of the adjusted price for the later year.
This statement shall be.deemed to be the responsibility of the
BOARD, and the BOARD's Executi ve Director shall attest in
writiiIg' to the propriety of the costs and calculations shown
thereon.
.,.
5.4 By January 15 of each year, the BOARD'S Executive
Director shall submit to RECIPIENT the supplemental statement
set forth in the preceding paragraph, together with the
attestation thereto by the BOARD. At the same time, the
BOARDS Executive Director shall submit to RECIPIENT a bill or
credi t showing ( 1) the amount paid by the RECIPIENT for
Reclaimed Water delivered in the current fiscal year, (2)the
amount payable for Reclaimed Water delivered in the current
fiscal year based on the adjusted price for the year as set
forth above, and (3)the difference. Any such difference shall
1-23-96
ROUS&\DELlVERZ.AGR
9
be either paid pr..ptly by the RECIPIENT, or
in the next billing to the RECIPIENT.
)wn as a credit
5.5 For billing purposes only prior to the determination
of actual costs for adjusting the Volume Charge, during each
year subject to price adjustment, the BOARD may use a
tentative price per thousand gallons based on using budgeted
costs for-the current year in the price adjustment calculation
set forth above.
5.6 RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
recordsr and production records of the BOARD.
5.7 Notwithstanding the above provisions, the prlce paid
by the RECIPIENT for Reclaimed Water shall be adjusted
dow>>ward in the event the BOARD offers Reclaimed Water to any
other non-governmental customer(s) upon substantially similar
terms and conditions for the same use of the Reclaimed Water
at a lower charge than RECIPIENT is or will be paying under
this Section 5. Such downward adjustment shall be made to
guarantee RECIPIENT that no other user of Reclaimed Water for
similar purposes shall receive a more favorable charge than
will also be given to RECIPIENT under similar circumstances.
5.8 To the extent that the BOARD receives governmental
or environmental noncapital improvement subsidies which are
provided to the BOARD for encouraging wastewater reuse and
which are intended to be applied pursuant to the terms of such
grant or subsidy to the operational costs of the Reclaimed
Water facility, as opposed to capital improvements or
expansion of such Reclaimed Water facility, the BOARD will
apply such funds, to the extent allowed, to its Reclaimed
Water facility operating costs.
5.9 The parties to this Agreement agree and recognize
that RECIPIENT is under no legal or other'obligation to enter
into this Agreement for reuse of T,vastewater. RECIPIENT
currently has operating permits from FDEP and the Water
Management District to pump surface and ground water for all
RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump
this -surface and ground water is substantially less than the
cha'!Cges RECIPIENT will pay for Reclaimed Water under this
Agreement. RECIPIENT'S only consideration and motivation to
enter into this Agreement is to insure sufficient irrigation
water by receiving its full allocation of Reclaimed Water on
demand in accordance with the rate and delivery conditions set
forth in this Agreement, ,free from adverse environmental or
climatic impact. RECIPIENT has determined that the benefits
of this Agreement are only marginally economically feasible.
Therefore, if as a result of any action by the BOARD, the City
of Delray Beach or the City of Boynton Beach, RECIPIENT would
be required to pay charges in excess of those e~tablished
under Section 5, then RECIPIENT shall have the option of
canceling this Agreement upon sixty (60) days advance written
notice to the BOARD.
7-23-96
REUS&\D&LIVERZ.AGR
10
SECTION 6. Inspt. .:ion. BOARD shall have tl right to enter
RECIPIENT's property, upon proper identification and at any
reasonable time, in order to inspect the irrigation system as
may be necessary or desirable for the operation, safety,
protection, or preservation thereof, to determine compliance
with any law, order or regulation of any governmental
authority having jurisdiction, and for sampling at any
monitoring wells located on the property. RECIPIENT shall have
the right to enter the BOARD's plant and properties and the
right of access to its wastewater facilities and records, at
any reasonable time, for the purpose of determining whether
the BO~~D is in compliance with this Agreement.
SECTJ;ON 7. Assignments. This Agreement can be assigned by
RECIPIENT only with the prior written approval of BOARD, but
such approval shall not be unreasonably withheld, provided the
aS9ignee shall assume this Agreement and shall demonstrate to
BOARD its financial ability. to comply with the provisions
hereof. .
SECTION 8. Notices; Proper Form. Any notice required or
allowed to be delivered hereunder shall be in writing and
shall be deemed to be delivered when (1) hand delivered to the
official hereinafter designated, (2) upon receipt of such
notice when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed
to a party at the address set forth opposite the party' name
below, or at such other address as the party' shall have
specified by written notice to the other party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue
Delray Beach~ FL 33445
RECIPIENT
PINE TREE GOLF CLUB
C/O Club Manager
10600 Pine Tree Terrace
Boynton Beach, FL 33436
~ .,.
COpy TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
7-23- 96
REUSE\DELIVER2.AGR
11
COpy TO:
Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall
give the other party written notice of any defaults hereunder
and shall allow the defaulting party 30 days from the date of
receipt to cure such defaults, except- failure to deliver water
on demand.
SECTION 10. Default by Either Party. If any party hereto fails
to perform or comply with any of the conditions of this
Agreement, and if the nonperformance shall continue for a
period of thirty (30) days after the written notice thereof to
the, non-performing party, or if the performance cannot be
reasonably completed within the 30-day period, or if the non-
performing party does not in good faith commence performance
within the30-day period ano does not diligently proceed to
complete performance, the non-performing party shall be in
default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail
to comply with any reuse water rule or regulation of any
Federal, State or County or local agencies, except BOARD, or
violate any permit granted with regard to the use of the
irrigation system on the RECIPIENT's property, then RECIPIENT
shall indemnify the BOARD, its officers~ governing board,
employees and agents, against all claims, demands, causes of
actions, suits, judgments, fines, penal ties, or losses,
includi.ng all costs suffered or incurred by the BOARD by
reason of such failure. In the event the BOARD shall fail to
comply with any rule, regulationl order of any Federal, State
or County or local agency 1 or fail to deliver water meeting
the quality standards provided by this ~greement, then the
BOARD shall, to the extent allowed by law, indemnify the
RECIPIENT, its officers 1 board of directors, employees and
agents against all claimsl demands, causes of actions, suits,
judgments, penalties, fines, or losses suffered or incurred by
the RECIPIENT as reason of such failure.
SEC~ION 12. Remedies of Default. If either party hereto shall
be in default hereunder ~s set forth in Section 101 then the
other party shall have the following remedy: bring suit for
th~ breach which has occurred without affecting the
obligations of the party to perform the balance of the
Agreement. The parties shall have the right not only to
injunctive relief, but also to recover any damages which a
party may incur as a result of the breach of this Agreement by
the other party. The parties further agree that any litigation
shall be brought in Pam Beach County, Florida, only, and the
parties agree that the proper venue for any such action would
only be in Palm Beach County, Florida. The parties further
wai ve any right to Jury trial they may have in any action
among them involving this Agreement or the alleged breach
thereof.
7-23-96
REUS&\D&LIVER2..l\GR
12
SECTION 13. Dis\ _umers of Third Party Be! :~ciaries. This
Agreement is solely for the benefit of the formal parties
hereto and no right or cause of action shall accrue upon or by
reason hereof or to or from or for the benefit of any third
party not a formal party hereto.
SECTION 14. Severability. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity
or unenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Applicable Law. This Agreement and the provisions
contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the
entire Agreement between the parties hereto with respect to
this transaction and supersedes all prior negotiations and all
prior written or oral understandings.
SECTION 17. Amendments. This Agreement may only be amended,
supplemented or discharged by an instr~ent in writing signed
by all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually
agreeable memorandum thereof wi.ll be recorded in the public
records of Palm Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the
other party, in writing, as to the status of its construction
document preparation and construction of associated
improvements on a monthly basis to ensure that both parties'
activities are progressing with reasonable diligence.
SECTION 20. Completion Date. The Board agrees to use its best
efforts have its Reclaimed Water facilities completed and
available for use for RECIPIENT and RECIPIENT agrees to use
its best efforts have its Irrigation System complete and to
accept delivery of Reclaimed Water from the BOARD on or before
November 1, 1997, subject to matters beyond the reasonable
control of either party.' Notwithstanding any provision of
this Agreement to the_contrary, the RECIPIENT shall have the
absolute obligation to conunence payments for the reclaimed
water upon the completion of construction as provided for in
Section 3.5 above.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
By:
.,-<4 ,y~
;:]:;::.frA/ t..:."-..(p / ...
Chairman
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REUSE\DELlVERZ.AGR
13
APPROVED AS TO FORM:
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Board Attorney
APPROVED BY: //
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Ci tY"'~0f D/e'lray ,~each! Mayor
APBRDVED/BY:
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Ci'ty of ..?bynton p'B~ach r Mayor
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7-23-96
REUSE\OELIvER2 .AGIl
PINE J:aBE'~OI:i. ~. .-" . / /J
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By:"-,_"" _ /-~ ---'- -.~ ~ _/ ,,(.If: .LA
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14
~05-087 ~4
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this day of
,2005, by and between thSOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Quail
Ridge COll.ntry Club, concerning delivery and acceptance of reclaimed water dated the 5th day of
August, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water
Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD, whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shall assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agre-e as follows:
1. The BOARD hereby assigns all rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
,2. . BOYNTON hereby agrees to accept and assume all rights, benefits and obligations
created und~rthe said Reclaimed Water Agreement pursuant to this assignment.
'::. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
SOU CENTRAL REGIONAL W ASTEW A TER
TREATMENT AND DISPOSAL BOARD
B~ c: ge-r--/v h---
P. dN 0
nnte ame: Ml)] r C' Vergl1l1of,l
Chairman
APPROVED AS TO fDRM
B)xit~meY -l
ATTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
\e_,.
CITY OF BOYNTON BEACH
By:
Mayor
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7
FIRST AMENDMENT AND RESTATEMENT OF.
--- AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WAsTEWATER TREATMENT AND DISPOSAL
BOARD AND QUAIL RIDGE COUNTRY CLUB
CONCERNING DELIVERY AND ACCEPTANCE
OF RECLAIMED WATER
THIS FIRST AMENDMENT AND RESTATEMENT of that certain
AGREEMENT dated January 18, 1996, is made and entered into on this
.:; day of ~v~f~~ , 1997, by and between South
Central Regional astewater Treatment and Disposal Board, a
municipal corporation created pursuant to the laws of the State of
Florida '(hereinafter BOARD), and Quail Ridge Country Club, Inc.
(hereinafter RECIPIENT).
WIT N E SSE T H:
WHEREAS, the BOARD and RECIPIENT have heretofore entered into
that certain Agreement Concerning Delivery and Acceptance of
Reclaimed Water dated January 18, 1995; and
WHEREAS, RECIPIENT has requested an Amendment to' such
Agreement to provide for 'additional volumes of reclaimed water in'
order to allow RECIPIENT to supply reclaimed water for landscape
irrigation purposes to the Quail Ridge Property Owner's
ASSOCiation, Inc. , (the "POA n) , pursuant to the contractual
relationship between RECIPIENT and the POA; and
WHEREAS, the BOARD is agreeable to amending said Contract to
provide the additional volumes requested pursuant to the terms and
conditions set forth in this Amendment.
Accordingly, for and in consideration of the recitals
contained herein, mutual understandings and agreements contalned
herein, and other consideration,..the receipt. and sufficiency ,of
which is:hereby-acknowledg~d by-,the- parties" the parties covenant
and agree as follows: - -' :
,
SECTION 1. Recitals. The bE;!low recitals are true and correct
and form a material . part of this Agreement.
-~ .,'
1.1 The parties hereto represent to one another that each has
the full power ~~d authority to enter' into this Agreemeht and to
carry out their respective obligations thereunder. The BOARD is
composed of the Cities of Boynton Beach and Delray Beach (the
"Cities"), pursuant _ to an Interlocal Agreement entered into
pursuant to Chapter 163, Florida Statutes.
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1-02 The parties recognize that reuse of Reclaimed Water is in
the public .interest, as it recaptures, an otherwise wasted and
unused water resource. The BOARD owns and operates wastewater
facilities which it proposes to upgrade to produce Reclaimed Water
suitable for irrigation of areas, such as golf courses, parks,
school grounds, cemeteries, and landscaping irrigation, and
RECIPIENT is willing to accept such Reclaimed Water for irrigation
purposes in the public interest.
1.3 In a normal year, RECIPIENTS will irrigate approximately
240 days and most of RECIPIENT'S daily requirements will be needed
during approximately 12 hOurs conunencing about sundown. BOARD
agrees to use its best efforts to supply Reclaimed Water on demand
to REC1PIENT up to the volume and at the charge set forth in this
Agreement. RECIPIENT has valuable golf courses that require access
to such Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater syst'em to produce Reclaimed
Water but is doing so in reliance upon the RECIPIENT entering into
this Agreement.
1.4 (a) The RECIPIENT owns and controls land (the "Property")
which is described in Exhi.:bit "A", attached and made.a part hereof
by reference; (b) The RECIPIENT by contractual relationship will
have obtained the right to provide reclaimed water for landscaping
irrigation purposes to the POA's properties (the "POA Property")
which lie within the property described in Exhibit "A."
1.5 RECIPIENT agrees to: (a) irrigate the Property and
provide reclaiined water - for irrigating the POA. Property using
Reclaimed Water; (b) maintain the storage facility, if applicable,
ponds and lakes, if applicable, pumps and irrigation system to be
located on the Property from the point of delivery; and (c) upgrade
its irrigation system when reasonable and economical to utilize the
volume of Reclaimed Water accepted from the BOARD and as required
to .meet any federal, state, or local requirements, (d) maintain
compliance with the op~rating restrictions for protecting human
health and the enviroiunent attached thereto as Exhibit "B."
~-..
1.6 RECIPIENT shall accept the Reclaimed Water delivered by
the BOARD and use ~t for irrigation of the P~operty and the POA
Property. The BOARD shall be deemed to be in possession and
control of the Reclaimed Water until it shall have been delivered
to the RECIPIENT at the Point of Delivery. After,such:delivery,
the RECIPIENT shall be deemed to be in possession and control
thereo f .
1.7 The RECIPIENT agrees to maintain all Federal, State and
governmental permits issued to it and necessary to allow it to
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9
receive and utilize the Reclaimed Water pursuant to the terms of
this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or encumber
the Property .in areas irrigated with the Reclaimed Water shall not
be restricted by this Agreement. This Agreement shall run with the
land so long as the use of a major portion of the Property shall
continue to be for golf course and related purposes. Any
subsequent party in interest to such golf course or courses shall
be obligated to receive and pay for Reclaimed Water under the same
terms and conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
1.9 METER. The design and construction of the metering
facility shall be the responsibility of the BOARD and must be
mutually approved in advance in writing by BOARD and RECIPIENT. The
meter will be utilized to measure the' amount of Reclaimed Water
delivered by the BOARD to RECIPIENT and the BOARD shall operate,
maintain, cause to be calibrated, and repair said meter.
1.10 CONSTRUCTION. Upon completion of the engineering design
of the metering facility, and the acceptance of same by both
parties, the metering facility will be constructed by the BOARD and
placed into service.
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter and
.related appurtenances and the lines interconnecting BOARD's system'
into the metering facility, including all valves and appurtenances
up to and including the discharge flanges of the valves innnediately
downstream of the meter. The parties agree that the RECIPIENT
shall have reasonable access to the metering: facility, to all
other Reclaimed Water meters, check valves, and any other
appurtenances thereto, to verify flows, meter readings, meter
calibrations, efficiency of the check valves, and any other
performance data necessary to the operations of the Interconriect.i.on
facility upon reasonable advance notice to. the Board. The .metering
device shall be tested and-.calibrated, at~..BOARD!s,'expensei':tat:::::leastit,,);.
once per 'year and repaired. :;if.:xequil:ed. 'Any.'errors:;::in meter:i;readi.ng.;;- "~',
and any discrepancy in. meter results from a true' and correct
measure of Reclaimed Water flow to RECIPIENT shall be. adjusted
properl~ and retroactively to reflect the flow to RECIPIEN'r. Any
. incorrect metering device shall be repaired forthwith by the BOARD.
1. 12 This agreement has been duly authoriz~d by all named
parties. Pursuant to Section 3 (C) of the Interlocal Agreement
dated December 26, 1974, between the City of Boynton Beach and the
City of Delray Beach, this Agreement and all provisions thereof
have been contractually approved by a majority vote of each City
Council as the act of each City, or, if such approval has not
4-9-97
Reuse/Quail-~dg/~estatement_amd
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10
already been obtained, such approval will be obtained and Certified
to RECIPIENT before this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing this
Agreement, the following words, phrases and terms shall have the
following meanings, unless the context requires otherwise:
2. 1 "Agreement" means this Agreement betT,rieen BOARD and
RECIPIENT.
2.2 "FOEP" means the Florida Department of Environmental
Protection, and its successors.
2.3 "Fiscal Year" means October 1 to September 30 of the
following year.
2.4 "GPO" means gallons per day.
2.5 "Irrigation system" means those pump stations, lines,
pipes, sprinkler heads, ponds and lakes, storage facilities, if
applicable, and pertinent equipment that are located on RECIPIENT's
property and used to store, spray and irrigate' with Reclaimed Water
that has been treated. in accordance with all applicable
governmental regulations and in. accordance with the terms and
provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Point of delivery" means the point at the meter which
divides the BOARD's wastewater facilities from the RECIPIENT's
irrigation system, or as otherwise noted on engineering drawings
approved by both parties.
2.8 "Reclaimed Water" means wastewater that has been treated
in accordance with Section 3.4 of this Agreement.
2.9 "Reclaimed Water Disposal Facilities It means those
facilities necessary for the storage, .if.applicable,:: transportation
and disRosfil of wastewater' previously treated"in" accordance with
applicable local, state and federal standards and l.imi.tation at the
plant to the standard of Reclaimed Water. These facilities include,
but are not limi ted to, any Reclaimed Water transmission
facilities, irrigation systems and storage faCilities, if
applicable.
2.10 "Reclaimed Water Transmission Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may be
designed, permitted and constructed on the Property and the POA
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11
Property, if applicable, or upon the BOARD's property, if
applicable, and which are necessary to store and hold Reclaimed
Water in a manner that complies with regulatory requirements.
2.12 "Wastewater" means the product received by the wastewater
treatment facility for treatment.
2.13 "Wastewater Facilities" means the BOARD's plant located
at 1801 North Congress Avenue, Delray Beach, Florida, and Recla~ed
Water transmission facilities, including all interceptors, lines,
pipes, meters, couplings, pumps, force mains, and appurtenant
equipment necessary to treat and transmit the Reclaimed Water.
SECTION 3. Grant of License and Easement. RECIPIENT hereby grants
to BOARD an easement over the Property including a 15 foot utility
easement to be mutually agreed upon ,and located in the approxLffiate
location depicted on Exhibit "cn attached hereto, to allow
construction, operation, main~enance and ~epair of the BOARD's
Reclaimed Water transmission main to the point of delivery, and the
right to transmit, deliver and dispose of Reclaimed Water through
the irrigation system and storage facility, if appliCable, on the
Property in accordance with and subject to the following
conditions:
3.1 Desion and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's ReClaimed Water transmission facilities, and to Permict
effluent disposal facilities in order to provide Reclaimed Water at
the point of delivery. RECIJ;>IENT agrees to design, permit, install
and operate, at its sole expense, any storage faCility, if
applicable, and the irrigation system on the Property and the POA
Property up to the point of delivery.
3.2 Permits and Approval for the Irriqation System.
Recipient shall. be .responsible, in. cooperation. with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to ins~all and operate the irrigation system:
provideq, however, ~thatBoard shall be responsible for obtaining
and maintaining all permits for Recl.aimed Water disposal
facilities. For all. wastewater facilities located on its side of
the po~pt of delivery, Board shall be solely responsible for
obtaini'rig, compiling, providing .and complying' with all monitoring,
sampling, testing, and, reporting requirements for the Reclaimed
Water, which may be imposed by government law, rule, permit, or
approval.. Recipient shall grant Board upon reasonable advance.
notice to RECIPIENT access to the irrigation system as 'needed to
assure continued compliance with applicable laws and regulations,
inc~uding, but not limited to, any monitoring or testing
reqUirements.
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3.3 Delivery of Reclaimed Water. BOARD agrees to use its best
efforts to make available and deliver in the volume and at the
times requested, an annual volume of Reclaimed Water of at least
584,000,000 gallons (MGY), with maximum volume anyone day up to
but not to exceed 3,690,000 (1,230,000 north connection and
2,460,000 south connection respectively) gallons per day (GPO), at
a rate of 7,688 (2,563 north connection and 5,125 south
connection respectively) gallons per minute (GPM), for use on the
Property and the POA Property and, at its cost, to connect the
BOARD's Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the point(s) of delivery agreed upon and as
shown in Exhibit "C". Both RECIPIENT and BOARD recognize that water
supply ,and demand will vary depending on a number of factors,.
primarily climatic conditions.
3.4 Qualitv of Reclaimed Water. BOARD shall make available
to RECIPIENT Reclaimed Water of a quality consistent with the
requirements of "public access" treatment. levels as set forth in
Chapter 62-610, Florida Administrative Code, or its successor Code
provisions, or of a quality consistent with more stringent
requirements that may be imposed by any governmental agency having
jurisdiction and legal authority. In recognition of the need to
supply Reclaimed Water, the BOARD shall also be required to comply
with effluent limitations set forth in Exhibit "0". All Reclaimed
Water made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to remove
harmful levels of bacteria, viruses, and other constituents or
pollutants which could constitute a danger to human health, and in
accordance with all applicable federal, state and local laws,
rules, regulations, policies; ordinances, resolutions, orders and
permits and the requirements of Exhibit liD". BOARD shall provide
continuous monitoring of chlorine and turbidity, as well as other
required ground and surface water quality sampling and monitoring
of Reclaimed Water as required by local, state and federal
regulations and by Exhibit "D". BOARD agrees to divert away as
expeditiously as possible, from the irrigation system, any
Reclaimed Water which does not comply with the terms and
conditions of this Agreem~nt or which does not meet the applicable
state , ,fe.~eral - or local laws and regulations and. to promptly and
fully notify RECIPIENT of such action. Copies of all, test results
shall be available to RECIPIENT upon request.
.~.:...
3. 5 Minimum Purchase of Reclaimed Water bv RECIPIENT. Upon
receipt of all necessary governmental permits and.approvals by all
parties and completion of construction of wastewater facilities and
continuing for so long as BOARD complies with the requirements set
forth ~n this Agreement, RECIPIENT has an obligation to pay for at
least 440,000,000 million gallons annually of Reclaimed Water for
spray irrigation on the Property and the POA Property, subject to
condi tions as set forth in Section 3. 3 of this Agreement.
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Notwithstanding anything to the contrary, Recipient shall not he
obligated to accept delivery of or pay for Reclaimed Water which
does not comply with the terms and conditions of this agreement.
Such exception to RECIPIENT'S obligation to accept delivery of such
Reclaimed Water by reason of the Board's failure to meet the water
quality standards required in this Agreement shall relieve
RECIPIENT of its obligation to pay BOARD for the minimum annual
volume set forth above at the rates determined pursuant to
Paragraph 5 below only to the extent that the BOARD shall not have
made available to RECIPIENT such annual minimum volume of Reclaimed
Water meeting the requirements of this Agreement through the
completion of the 'then current fiscal year. Recipient shall not
transfer, the water provided by Board to any third party for use off
of the Recipient's or the POA Property. Notwithstanding the
foregoing, the minimum purchases as above described shall be broken
down into two (2) phases:
a. Phase I - for the irrigatioI:1. of the Property (the
golf courses) the RECIPIENT obligation shall commence at the time
and in the manner as specified in this Agreement with respect to
180,000,000 million gallons year (MGY).
b. Phase II - for the irrigation of the Property and
the POA Property the minimum obligations as described above shall
be increased to 440,000,000 million gallons per year (MGY) upon
connection of the supply lines from the RECIPIENT system to the
POA's delivery system, provided that such connection and increase
in the obligation shall occur not later than
six months (6) following the delivery of Reclaimed Water for Phase
I, above.
3.6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS s:ide of the point (s)
of delivery.
3.7 Nothing in this Agreement shall be construed to g.Lve
RECIPIENT any right to the exclusive receipt of BOARD's Reclaimed
Water supply.
3.8 The BOARD agrees that it will not enter into contracts
with other recipients of Reclaimed Water for more than its daily
supplY.:9apacity as the same exists from time to time. .
SECTION 4. Term and Fees
4.. 1 Term. The Easement and this Agreement shall be in effect
for a period of twenty (20) years connnencing on the date of
execution of this Agreement. The term' of the Easement and this
Agreement shall be automatically extended for successive periods of
ten (10) years each, upon the same terms and conditions as herein
4-9-97
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14
provided, unless either party hereto notifies the other by
certified mail at least three years prior to the expiration of the
initial term of this Agreement or any renewal thereof, that this
Agreement shall not be so extended.
4.2 Payment of Fees. In return for and in consideration of
BOARD's construction of facilities and delivery of Reclaimed
Water, RECIPIENT agrees to pay BOARD a one-time connection fee of
Six Thousand Five Hundred Dollars ($6,500.00) for the north
connection, and Nine Thousand Dollars ($9,000.00) for the south
connection, and a volume charge of 20e for each 1,000 gallons of
Reclaimed Water used (the "Volume Charge"), but on an annual basis
not lesg than the above rate times the minimum quantity RECIPIENT
has agreed to purchase under Section 3.5, together with a storage
charge equal to 8e (the "Storage Charge") for each 1,000 gallons of
Reclaimed Water the volume Charge for which is paid for by
RECIPIENT, as provided above. Such Storage Charge shall remain
constant and shall not be adjusted during the term of this
Agreement or any extension hereof. Payment of the connection fee
shall be in one lump sum no later than the commencement of
construction of the modification to the BOARD's wastewater
facilities for the treatment and production of Reclaimed Water.
The Volume Charge shall remain constant Until the expiration of
the third ( 3 ) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires between the time
BOARD commences or makes available delivery of Reclaimed Water and
the end of the first fiscal year, such first year shall not count
as the. first fiscal year), after which the price will be
redetermined as provided in Section 5. The BOARD shall render
billings. to RECIPIENT for the volume charge on a monthly basis for
such applicable charges on the basis of tbe greater of the actual
Reclaimed Water delivered or the volume charge for 1/12th of the
minimum guaranteed annual volume agreed to be accepted by RECIPIENT
pursuant to Section 3.5 above; provided that RECIPIENT shall pay no
more, on. a fiscal year basis ,. than ( i) such minimum annual
guaranteed volume charge or (ii) charges for Reclaimed Water
actually accepted during_the fiscal year, whichever is more.
4 ~ 3' In the event the 'BOARD shall not be. able to deliver
Reclaimed Water in the mi.n~um volume agreed to in Section 3.5 of
this ASJreement, as a result of its inability to do so and through
no action or inaction on the part of the RECIPIENT, the RECIPIENT
shall be entitled to a credit for such shortage in the minimum
agreed to volume (by a proportionate reduction).
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Volume Charge shall be adjusted after the first three ( 3 )
fiscal years as aforesaid upward or downward based on one~half (!)
of the year-to-year change in the actual operating costs of
prOducing, metering and delivering Reclaimed Water from effluent
4-9-97
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15
and transmitting it to the point of delivery for the RECIPIENT as
it relates to the preceding year's Volume Charge, however, such
Volume Charge shall never' be less than 20c per thousand gallons nor-
shall an increase be applied if the actual operating costs shall be
less than said 20c per thousand gallons. The first such adjustment
shall occur effective the first day of the fourth fiscal year
following the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (1) the relative increase or decrease in
actual operating costs incurred by the BOARD during the second
fisc'al year of delivery of Reclaimed Water to RECIPIENT as
compared to the third fiscal year and for each subsequent year
thereafter as compared to the previous year. The actual operating
cost and change therein shall be the basis for determining the
index for making theadjustmeuts in the Volume Charge. Actual
operating costs ("Actual Operating Costs") shall be determined in
conformity with generally accepted, accounting principles
consistently applied, except the depreciation of plant and
equipment and any other provision for capi~al recovery, including
interest on long'term debt, shall not be included. as operating
costs, as such costs are properly allocable to wastewater
customers. Any increase or decrease in the Volume Charge shall be
determined as soon as reasonably practicable and shall be effective
retroactive to the scheduled date of adjustment and a sum due to
the BOARD as a result of the retroactive effect of such adjustment
or the credit due the RECIPIENT, if applicable, shall be reflected
in the next billings regularly submitted by BOARD to RECIPIENT as
provided in Subparagraph 5.4.
5.1 BOARD personnel shall establish, or cause to be
established, and maintain an accounting system in which such
current operating costs are recorded monthly in separate accounts
from sewage processing accounts. Costs shall be'recognized on a
first-in first-out basis. The BOARD personnel-shall prepare and
preserve any studies relating to the allocation of operating costs
on other than an actually incurred basis. By way of example, . the
parties agree that all operating and maintenance costs of labor,
chemicals and' power, permits, regulatory requirements, lega~,
engineering, administratipn, testing, meter calibration and
contract, serVices may be' allocated based' on ,appropriate 'data or
studies. . 'Such current' operating costs shall be recorded on a
consistent basis 'from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost per
thousand gallons of Reclaimed Water delivered beginning with the
second fiscal year after the plant starts to deliver Reclaimed
Water to RECIPIENT.
5.2 By way of e~ample, if delivery begins on October 6, ,1996,
the third fiscal year thereafter would be October 1, 1998 to
September 30, 1999. Assume that the actual cost of producing
Reclaimed Water for the fiscal year October 1, 1997 through
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Reuse/Quail_rdg/restatement.amd
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l()
September 30 f 1998 was. 21<:. Further f assume that the Actual
Operating Cost of producing and delivering Reclaimed Water to
RECIPIENT during the second fiscal year to the end of the third
fiscal year (October'I, 1997, through September 30, 1999) increased
from 21<: per thousand gallons to 23<: per thousand gallons. The
index for increase would be calculated by dividing the base cost of
21c per thousand gallons into one-half (1) the 2<: increase in cost,
resulting in an increase of 4.76% to the previous years' Volume
Charge of 20<: per thousand gallons for the fourth fiscal year,
equal to 20.95c per thousand gallons (! x 2 = 1 + 21c = .0476, then
20c x 1.0476 = 20.95<:).
5.3 As soon as reasonably practical, after each fiscal year
for which the contract price is subject to adjustment , the BOARD
shall prepare a statement showing in reasonable detail the actual
operating costs to produce Reclaimed Water from effluent for the
latest two fiscal years. For each such year, the statement shall
also show (1) the number of gallOns in thousands of Reclaimed Water
delivered to Reclaimed Water users, (2) the cost per thousand
gallons of Reclaimed Water calculated by dividing such operating
costs by such gallons, (3) the calculation of the ratio of change
in cost per thousand gallons from the earlier year to the later
year, and (4) the calculation of the adjusted price for the later
year. This statement shall be deemed to be the responsibility of
the BOARD, and the BOARD's Executive Director shall attest in
wri ting to the propriety of the costs and calculations shown
thereon.
5.4 By January 15 of each year, the BOARD'S Executive
Director shall submit to RECIPIENT the supplemental statement set
forth in the preceding paragraph, together. with the attestation
thereto by the BOARD. At the same time, the BOARDS Executive
Director shall submit to RECIPIENT a bill or credit showing (l)the
amount paid by the RECIPIENT for Reclaimed Water delivered in the
current fiscal year, (2) the amount payable for Reclaimed Water
delivered in the current fiscal year based on the adjusted price
for the year as set fort!t above, and (3 )the difference. Any such
difference shall be either paid promptly by the RECIPIENT, or shown.
as a credit in the next bil'ling to the RECIPIENT.
5.,.5 For billing purposes only prior to the detennination of
actuaf" costs for adjusting the Volume Charge, during each year
Subject to price adjustment, the BOARD may use a tentative price
per thousand gallons based on using budgeted costs for the current
year in the price adjustment calculation set forth above~
5.6 RECIPIENT, at its own expense,
examining the' financial statements I general
records, and production records of the BOARD.
has the option of
books and related
4-9-97
Reuse/Quail.rdg/restaternent.amd
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5.7 Notwithstanding the above provisions, the price paid by
the RECIPIENT for Reclaimed Water shall. be adjusted downward in the
event the BOARD offers Reclaimed Water to any other non-
goverrunental customer (s) upon substantially similar terms and
condi tions for the same use of the Reclaimed Water at a lower
charge than RECIPIENT is or will be paying under this Section 5.
Such downward adjustment shall be made to guarantee RECIPIENT that
no other user of Reclaimed Water for similar purposes shall
receive a more favorable charge than will also be ,given to
RECIPIENT under similar circumstances.
5. B To the extent that the BOARD receives govermnental or
environmental noncapital improvement subsidies which are provided
to the BOARD for encouraging wastewater reuse and which are
intended to be applied pursuant to the terms of such grant or
subsidy to the operational costs of the Reclaimed Water facility,
as opposed to capital improvements or eXpansion of such Reclaimed
Water facility, the BOARD will. apply such tunds, to the extent
allowed, to its Reclaimed Water facility operating costs.
5.9 The parties to this Agreement agree and recognize that
RECIPIENT is under no legal or other obligation to enter into this
Agreement for reuse of wastewater. RECIPIENT currently has
operating permits from FDEP and the Water Management District to
pump surface and ground water for all RECIPIENT'S irrigation needs
and RECIPIENT'S costs to pump this surface and ground water is
substantially less than the charges RECIPIENT will pay for
Reclaimed Water under this Agreement. RECIPIENT'S only
consideration and motivation to enter into this Agreement is to
insure sufficient irrigation water by receiving its full
allocation of Reclaimed Water on demand in accordance with the
rate and delivery conditions set forth in this Agreement, free
from adverse environmental or climatic impact -. RECIPIENT has
determined that the benefits of this Agreement are only marginally
economically feasible. Therefore, if as a result of any action by
the BOARD, the City of Delray Beach or the City of Boynton Beach,
RECIPIENT would be required to pay charges in excess of those
established under Section 5,. then RECIPIENT sha11 . have :.the option
of cancel".i.nq this Agreement upon sixty (60) days ....advance written
notice to the BOARD.
SECTION -":,.6. Inspection. BOARD shall have the right to enter
RECIPIENT's Property and the POA Property, upon proper
identification and at any reasonable time, in order to inspect the
irrigation system as may be necessary or desi;Lable.' 'for the
operation, safety, protection, or preservation thereof, to
determine compliance with any law, order or regulation of any
governmental authority having jurisdiction, and for sampling at any
moni toring wells located on the Property and the POA Property.
RECIPIENT shall have the right to enter the BOARD's plant and
1-9-97
Reuse/QuaLl.rdg/restatement.arnd
11
properties and the right of access to its wastewater facilities and
records, at any reasonable time, for the purpose of determining
whether the BOARD is in compliance with this Agreement.
Ii'
SECTION 7. Assignments. This Agreement can be assigned by RECIPIENT
orily with the prior written approval of BOARD, but such apprOVal
shall not be unreasonably withheld, provided the assignee shall
assume this Agreement and shall demonstrate to BOARD its financial
ability to comply with the provisions hereof.
SECTION 8. Notices; Proper Form. Any notice required or allowed to
be delivered hereunder shall be in writing and shall be deemed to
be delLvered when (1) hand delivered to the official hereinafter
designated, (2) upon receipt of such notice when deposited in the
United States mail, postage prepaid, certified mail, return receipt
requested, addressed to a party at the address set forth opposite
the party' name below, or at such other'address as the party shall
have specified by written notice to the ~ther party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue
Delray Beach~ FL 33445
RECIPIENT
QUAIL RIDGE COUNTRY CLUB
C/O Club Manager
3715 Golf Road
Boynton Beach, FL 33436
COpy TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
...,",
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
"11
COpy TO:
Robert W. Federspiel, Esq~
501 East Atlantic Avenue
Delray Beach,. FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall give
4-9-97
Reuse/Quail.rdg/restatement.amd
12
19
the other party written notice of any defaults hereunder and shall
allow the defaulting party 30 days from the date of receipt to CUre
such defaults, except failure to deliver water on demand.
SECTION 10. Default by Either Party. If any party hereto fails to
perform or comply with any of the conditions of this Agreement, and
if the nonperformance shall continue for a period.of thirty (30)
days after the written notice thereof to the non-performing party,
or if the performance cannot be reasonably completed within the
30-day period, or if the nonperforming party does not in good faith
commence performance within the 30-day period and does not
diligently proceed to complete performance, the non-performing
party shall be in default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail to
comply with any reuse water rule or regulation of any Federal,
State or County or local agencies, except BOARD, or violate any
permit granted with regard to the use of the irrigation system on
the RECIPIENT's Property and the POA Property, then RECIPIENT shall
indemnify the BOARD, its officers, governing board, employees and
agents against all claims, demands f causes of actions , suits,
judgments, fines, penalties, or losses, including all costs
suffered or incurred by the BOARD by reason of such failure. In
the event .the BOARD shall fail to comply with any rule, regulation,
order of any Federal, State or County or local agency, or fail to
deliver water meeting the quality standards provided by this
Agreement ,then the BOARD shall, to the extent allowed by law,
indemnify the RECIPIENT, its officers, board of directors,
employees and agents against all claims, demands, causes of
actions, suits, judgments, penalties, fines, or IQsses suffered or
incurred by the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party hereto shall be in
default hereunder as set forth in Section 10,' then the other party
shall have the following remedy: bring suit for the breach which
has occurred without affecting the obligations of the party to
perform the balance of the Agreement. The parties shall have the
right not. only to. injunctive relief, but also to recover any
damages ~hi.ch a party.may incur as a result of the breach of ,this
Agreement by the other party. The parties further ag'r~e that any
litigation shall be brought in Palm Beac.h County, .Florida, only,
and th~~parties agree that the proper venue for any such action
would orily be in Palm Beach County, Florida; The parties further
waive any right to Jury trial they may have in any action among
them involving this Agreement or the alleged breach thereof.
SECTION 13. Disclaimers of Third Party Beneficiar1es. This
Agreement is solely for.the benefit of the formal parties hereto
and no right or cause of action shall accrue Upon or by reason
hereof or to or from or for the benefit of any third party not a
4-9-97
Reuse/Quai~_rdg/restatement~amd
13
}O
formal party hereto.
SECTION 14. Severability. If any part of this Agreement is found
invalid or unenforceable by any court, such invalidity or
unenforceability shall not affect the other parts of this
Agreement.
SECTION 15.. Applicable Law. This Agreement and the provisions
contained herein shall be construed, controlled and interpreted
according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the entire
Agreement between the parties hereto with respect to this
transaction and supersedes all prior negotiations and all prLor
written or oral understandings.
SECTION 17. Amendments. This Agreement may only be amended,
supplemented or discharged by an instrument in writing signed by
all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually agreeable
memorandum thereof will be recorded in the public records of Palm
Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the other
party, in writing,. as to the status of its construction document
preparation and construction of associated improvements on a
monthly basis to ensure that both parties' activities are
progressing with reasonable diligence.
SECTION 20. Completion Date. The Board agrees to use its. best
efforts have its Reclaimed Water facilities completed and available
for use for RECIPIENT ?rId RECIPIENT agrees to use its best efforts
to have its Irrigation System complete and to accept delivery of
Reclaimed Water from the BOARD on or before November 1, 1997,
subject to matters beyond the reasonable control of either party.
SECTION 21. Cross-Connection. RECIPIENT desires to connect its
south course irrigation system with its north course irrigation
system, which will require crossing the Woolbright Road and L-26
canal., In that the BOARD will also have to cross both rights-of-
way td~ connect its reclaimed water transmission facilities to
RECIPIENT's irrigation system, the BOARD agrees to obtain a price
from its Contractor for the installation of. such pipe for
RECIPIENT. The RECIPIENTsh.all then be authorized to either
contract directly with the BOARD's Contractor for such pipe
installation or to obtain its own contractor.
4-9-97
Reuse/Quail.rdg/restatement.amd
14
21
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
It .j (
By: \4..Jt...Lz.-~C~.1 \ /O-4~"-'J_J2_k.~
- Chiii"ixhnan ')
/ I /
APPROVED AS TO FORM:
,1 /'7
ri(~ //" /
I :.......
Boarq/ Attorney I
QUAIL
RIDGE COUNTRY CLUB, INC.
~/4tN
I
By:
APPROVEZD BY, //~.';/. './/?
//f ~-;'.".
_'1~ t:-c---c~~
Ci ~:t/o f~~lra~j/Beach, Mayor
APPROVED BY:/Y
/ .-"..' /
/ .
/f_..
/'
Mayor
'"".,
4-9-97
Reuse/Quail.rdg/restatement.amd
15
EXHIBIT B
OPERA TING RESTRICTS
Recipient shall maintain compliance with the following operating restrictions for protecting
humaB health, welfare and safety, and the environment
n
J. The public shall be notified of the use of reclaimed water by posting advisory signs, notes
on score cards or other methods in accordance with Chapter ]7-6]0.468 FAC.
2. Direct connections between the reclaimed water system and irrigation water system shall
not be allowed without the use of appropriate back:flow prevention devices.
3. No cross-connection to potable water systems shall be allowed.
4. All reclaimed water valves and outlets sh~l be appr<?priately color coded and labeled in
accordance with Chapter 17-6 1 0.470 F AC to warn public and employees that the water
is not intended for drinking.
5. Setback distances to potable water supply wens and the use of low trajectory Doni es shall
be in accordance with Chapter I 7-610.47] F AC.
6. The use of reclaimed water shall be consistent with all applicable federal, stale, and locaJ
laws and reQ11lanons.
A:~S7~1D:HIBrr..B
ExhiQit B
January] 995
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EXHIBIT 0
EncJosun
Bo",d shell moni,o, lh, ',d,;m,,] W",,, fm II., fnllowing p""m,,,,, and "g''<s 10 di"", ''''',ioo,.o
water ,-,hich cHceds the specified limits.
Parameter
l
Turbidity
Chlorine Residual
CQ.ioride
CBOD(7}
1'S5(3)
pH
Aluminum
Arsenic
Beryllium
Boron
Cadmium
Chrr;mium
Cobalt
Copper
Fluoride
Iron
Lead
Lithium
Manganese
Molybdenium
Nickel
Selenium
Vanadium
Zinc
Bica1boJfale (as GlCO.)
.>.
GlJcium
Magnesium
Sodium
Sodium AdSorption Ratio
I
i
. (1)
Q)
0)
14)
(5)
(6)
Sampling Frequency Limirfl)
Continuous 2 NTU
Cominuous I (minimum)
Continuous 350
Daily 20
Daily 5
Hourly 6 to 7.5 unilSl~}
7.8 units(6)
Annual 1.0
Annual 0.10
Annual 0.10
Annual 0.50
Annual 0.01
Annual 0.1
Annual 0.05
Annual 0.2
Annual LO
Annual S.O
Annual 5.0
Annual 2.5
Annual 0.2
Annual 0.005
Annual 0.02
Annual 0.02
Annual O. I 0
Annual 2,0
Annual J20
Annual (4)
Annual (4)
Annual (4)
Annual 6 units
Maximum concentration expressed in mgIL unless noted.
Carbonaceous Biochemical O":ygen Demand (CBOD).
Total Suspended Solids (TSS). .
Infonnation used in calculation of Sodium Adsorption Ratio (SAR).
Daily average
2-Hour duration
"':'.7."7~\EXHIBIl.D
Exhibit D
January 1995
Pare I of J
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
~D QUAIL ~IDGE COUNTRY CLUB
CONCERNING DELIYERY AND ACCEPTANCE
OF RECLAIMED WATER
THIS AGREEMENT is made and entered into on this /qilt
day 0 f C\r..\,-, U4A"..-f . 1996, by and between South Central
Regional Wastewate~ Treatment and Disposal Board, a municipal
corporation creat~d pursuant to the laws of the State of
Florida (hereinafter BOARD), and Quail Ridge Country Club,
(hereinafter RECIPIENT).
Accordingly, for and in consideration
contained herein, mutual understandings
contained herein, and other consideration,
sufficiency of which is hereby acknowledged
the parties covenant and agree as follows: .
of the recitals
and agreements
the receipt and
by the parties,
SECTION 1. Recitals. The below recitals are true and
correct and form a material part of this Agreement.
1.1 The parties hereto represent to one another that each
has the full power and authority to enter into this Agreement
and to carry out their respective obligations thereunder. The
BOARD is composed of the Cities of Boynton Beach and Delray
Beach (the "Cities"), pursuant to an Interlocal Agreement
entered into pursuant to Chapter 163, Florida Statutes.
1.2 The parties recognize that reuse of Reclaimed Water is
in the public interest, as it recaptures an otherwise wasted
and unused water resource. The BOARD owns and operates
wastewater facilities which it proposes to., upgrade to produce
Reclaimed Water suitable for irrigation of areas, such as
golf courses, parks, school grounds and cemeteries, and
RECIPIENT is willing to accept such Reclaimed Water for
irrigation purposes in the public interest.
1.3 In a norma-l year, RECIPIENTS will irrigate
apprpximately 240 days and most of RECIPIENT'S daily
requi'rements will be needed during approximately 12 hours
commencing about sundown. BOARD' agrees to use its best
effprts to supply Reclaimed Water on demand to RECIPIENT up to
the ""volume and at the charge set forth in this Agreement.
RECIPIENT has valuable golf courses that require access to
such Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water hut is doing so in reliance upon the RECIPIENT entering
into this Agreement.
12-5-95
RRUSB/QUAILRIDGBIDELVERY.AGR
1
1.4 The RECIPIENT owns and Controls land which i,
descri~d in E~ibit "A" (the "Property"), attached and made
a part hereof by reference.
1.5 RECIPIENT agrees to, (a) irrigate the Property Using
Reclaimed Water; (b) maintain the storage facility, if
applicable, ponds and lakes, if applicable, pumps and
irrigation system to be located on the Property from the point
of delivery; and (C) upgrade its irrigation system when
reasonable and economical to utilize the volume of Reclaimed
Water acCepted from. the BOARD and as required to meet any
federal, state, or local requirements, (d) maintain compliance
with the operating restrictions for protecting human health
and the environment attached thereto as Exhibit "B".
1.6 Recipient shall accept t~e Reclaimed Water delivered
by the BOARD and use it for irrigation of the Property, The
BOARD shall be deemed to be in possession and control of the
Reclaimed Water until it shall have been delivered to the
RECIPIENT at the Point of belivery. After such delivery, the
RECIPIENT shall be deemed to be in possession and control
thereof.
'1.7 The RECIPIENT agrees to maintain all Federal, State
and governmental permits issued to it and necessary to allow
it -to receive and utiliz.e the R~claimed Water pursuant to the
terms of this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or
encUmber the Property in areas irrigated with the Reclaimed
Water shall not be restricted by this Agreement. This
Agreement shall run with the land so long as the use of a
major portion of the Property shall continue to be for golf
course and related purposes. Any subsequent party in interest
to such golf COurse or courses shall be obligated to receive
and pay for Reclaimed Water under the same terms and
conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
,,1.9 METER. The design and construction of the metering
facility shall ~ the responsibility of the BOARD and must be
mutually approved in advance in writing by BOARD and
~,RECIPIENT. The meter will be utilized to measure the amount of
"Reclaimed Water delivered by the BOARD to RECIPIENT and the
BOARD shall operate, maintain, cause to be calibrated, and
repair said meter.
1. 10 CONSTRUCTION. Upon completion of the engineering
design of the metering facility, and the acceptance of same by
both Parties, the metering facility will be constructed by the
BOARD and placed into service.
12-5-95
REUSR/QUAILRIDGR/DRLVERY.AGR
2
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter
and related appurtenances and the lines interconnecting
BOARD's system into the metering facility, including all
valves and appurtenances up to and including the discharge
flanges of the valves immediately downstream of the meter. The
parties agree that the RECIPIENT shall have reasonable
access to the metering facility, to all other Reclaimed Water
meters, check valves, and any other appurtenances thereto, to
verify flows, meter readings, meter calibrations, efficiency
of the check valves, and any other performance data necessary
to the operations of the Interconnection facility upon
reasonable advance notice to the Board. The metering device
shall be tested and calibrated, at BOARD's expense, at least
once per year and repaired if required. Any errors in meter
reading and any discrepancy in meter results from a true and
correct measure of Reclaimed Water flow to RECIPIENT shall be
adjusted properly and retroactively to reflect the flow to
RECIPIENT. Any incorrect metering device shall be repaired
forthwith by the BOARD.
1.12 This agreement has been duly authorized by all named
parties. Pursuant to Section 3 (C) of the Interlocal
Agreement dated December 26, 1974, between the City of Boynton
Beach and the City of Delray Beach, this Agreement and all
provisions thereof have been contractually. approved by a
majority vote of each City Council as the act of each City,
or, if such approval has not already been Obtained, such
approval will be obtainea and certified to RECIPIENT before
this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing
this Agreement, the following words, phrases and terms shall
have the following meanings, unless the context requires
otherwise:
2 . 1 "Agreement" . means this Agreement between BOARD and
RECIPIENT.
2 . 2 . "FDEP" means 'the Florida Department of Environmental
Prot~ctfon, and its successors.
2.3 "Fiscal Year" means October I to September 30 of the
folf()wing year.
2.4 "GPD" means gallons per day.
2.5 "Irrigation system" means those pump stations, lines,
pipes, sprinkler heads, ponds' and lakes, sto~age faCilities,
if applicable, and pertinent equipment that are located on
RECIPIENT's property and used to store, spray and irrigate
with Reclaimed Water that has been treated in accordance with
12-5-95
REUSE/QUAILRIDGEIDELVERy.AGR
3
all applicable governmental regulations and in accordance with
the terms and provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Paint of delivery" means the point at the meter
which divides the BOARD's Wastewater facilities from the
RECIPIENT's irrigation system, or as otherwise noted on
engineering drawings approved by both parties.
2.8 "Reclaimed Water" means wastewater that has been
treated in accordance with Section 3.4 of this Agreement.
2.9 "Reclaimed Water Disposal Facilities" means those
facilities necessary for the storage, if applicable,
tranSportation and disposal of wastewater previously treated
in accordance with applicable local, state and federal
standards and limitation at the plant to the standard of
Reclaimed Water. These faCilities include, but are not limited
to, any Reclaimed Water transmission. facilities, irrigation
systems and storage facilities, if applicable.
2.10 "Reclaimed Water Transmission Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facili ties which may
be deSigned, permitted and constructed on the Property, if
applicable, or upon the BOARD's property; if applicable, and
which are necessary to store and hold Reclaimed Water in a
manner that complies with regulat9ryrequirements.
2 · 12 "Wastewater" means the product received by the
.wastewater treatment facility for treatment.
. 2.13 "Wastewater Facilities" means the BOARD's plant
located at 1801 North Congress Avenue, Delray Beach, Florida,
and Reclaiined Water transmission facilities, including all
interceptors, lines, pipes, meters, COUplings, pumps, force
mains, and appurtenant equipment necessary to treat and
transmit the Reclaimed Water.
SECTION 3. Grant of License and Easement. RECIPIENT hereby
grants to BOARD an easement over the Property, including a 15
foqt utility easement to be mutually agreed upon and located
in 'the approximate location depicted on Exhibit "C" attached
hereto, to allow construction, operation, maintenance and
repair of the BOARD's Reclaimed Water transmission main to
the point of delivery, and the right to transmit, deliver and
dispose of Reclaimed Water through the irrigation system and
storage facility, if appliCable, on the Property in accordance
with and subject to the following conditions:
12-5-95
RRUSRIQUAILRIDGR/DELVERY.AGR
4
3.1 Desiqn and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed
Water at the point of delivery. RECIPIENT agrees to design,
permit, install and operate, at its sole expense, any storage
facility, if applicable, and the irrigation system on the .
Property up to the point of delivery.
~ .2 Permits and Approval for the Irriqation SYstem.
Recipient shall be responsible, in cooperation with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation
system: provided, however, that Board shall be responsible
for obtaining and maintaining all permits for Reclaimed Water
disposal facilities. For all wastewater facilities located
on its side of the point of delivery, Board shall be solely
responsible for obtaining, compiling, providing and complying
with all monitoring, sampling, testing, and reporting
requirements for the Reclaimed Water, which may be imposed by
government law, rule, permit, or approval. Recipient shall
grant Board upon reasonable advance notice to RECIPIENT access
to the irrigation system as needed to assure continued
compliance with applicable laws and regulations, including,
but not limited to, any monitoring or testing requirements.
3.3 Delivery of Reclaimed Water. BOARD agrees to use its
best efforts to make available and deliver in the volume and
at the times requested, an annual volume of Reclaimed Water of
at least 224 million gallons (MGY), with maximum volume any
one day up to but not to exceed 1,600,000 (700,000 and 900,000
fnr north and south connections, respectively) gallons per day
(GPD), at a rate of 3,333 (1,460 and 1,875 .for north and south
connections, respectively) gallons per minute (GPM), for use
on the Property and, at its cost, to. connect the BOARD's
Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the pointes) of delivery. agreed upon and
as shown in Exhibit "C". Both RECIPIENT and BOARD recognize
that water supply and-demand will vary depending on a number
of ~a~tors, primarily climatic conditions.
3.4 Quali ty of Reclaimed Water. BOARD shall make
ava.:i;;lable to RECIPIENT Reclaimed Water of a quality consistent
with the requirements of "public access" treatment levels as
set forth in Chapter 62-610, Florida Administrative Code, or
its successor Code provisions, or of a quality consistent with
more stringent requirements that may be .imposed by any
governmental agency having j~risdiction and legal authority.
In recognition of the need to supply Reclaimed Water, the
BOARD shall also be required to comply with effluent
limitations set forth in Exhibit "D". All Reclaiined Water
12-5-95
REUSE/QUAILRIDGE/DRLVERY.AGR
5
made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to
remOVe harmful levels of bacteria, viruses, and other
cOnstituents or pollutants which could cOnstitute a danger to
human health, and in accordance with all applicable federal,
s tate and 1 oc al laws, rules, regula tions , po lic ies ,
ordinances, resolutions, orders and permits and the
requirements of Exhibit "D". BOARD sball provide COntinuous
mpnitoring of chlorine and turbidity, as well as other
required ground and Surface water quality sampling and
monitoring of Reclaimed Water as required by local, state aud
federal regulations and 'by Exhibit "D". BOARD agrees to
divert away as expeditiously as Possible, from the irrigation
system, any Reclaimed Water which does not Comply with the
terms and conditions of this Agreement or which does not meet
the applicable state, federal Or local laws and regulations
and to prOmptly and fully notify RECIPIENT of such action.
Copies of all test results shall be available to RECIPIENT
upon request.
3 .5 Minimum Purchase of Recla.imed Water b RECIPIENT.
Upon receipt of all necessary governmental permits and
approvals by all parties and Completion of construction of
wastewater facilities and Continuing for so long as BOARD
complies with the requirements set fOrth in this Agreement,
RECIP lENT has an Obligation to pay for at leaSt _ ?..1 "i 11.<on I Td ..., It.\. I(
gallons annually of Reclaimed Water for spray irrigation on
the Property, subject to conditions as set forth in Section
3 . 3 of this AgreeDlent . Notwithstanding anything to the
contrary, Recipient shall not be obligated to accept delivery
of Or pay for Reclaimed Water which does not Comply with
the terms and conditions of this agreement. SUch exception to
RECIPIENT'S obligation to accept delivery of SUch Reclaimed
Water by reason of the Board's failure -to meet the water
quality standards required in this Agreement shall relieve
RECIPIENT of its obligation to pay BOARD for the minimum
annual volume set forth above at the rates determined pursuant
to Paragraph 5 below only to the extent that the BOARD shall
not have made available to RECIPIENT Such annual minimum
Volume of Reclaimed Water meetiug the requirements of this
Agreement through the Completion of the then current fiscal
year> 'Recipient shall not transfer the water provided by
Board to any third party or off of the ReCipient's property
which is the subject of this agreement.
"':"",
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3.6 RECIPIENT shall be responsible for all maLnrenance of
water and its irrigation system On RECIPIENTS side of the
point(s) of ~elivery.
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right. to the eXclusive receipt of BOARD's
Reclaimed Water SUPply.
12-5-95
REUSRIQUAILRIDGE/DRLVRRY.AGR
6
3.8 The BOARD agrees that it will not enter into
contracts with other recipients of Reclaimed Water for more
than its daily supply capacity as the same exists from time to
tilIle .
SECTION 4. Term and Fees
4.1 Term. The Easement and this Agreement shall be in
effect for a period ot twenty. (20) years commencing on the
date of execution of this Agreement. The term of the Easement
and this Agreement shall be automaticalLy extended for
successive periods of ten (10) years- each, upon the same terms
and conditions as herein provided, unless either party hereto
notifies the other by certified mail at least three years
pri~r to the expiration of the initial term of this Agreement
or any renewal thereof, that this Agreement shall not be so
extended.
4.2 PaYment of Fees. In return for and in consideration
of BOARD's construction of facilities and delivery of
Reclaimed Water~ RECIPIENT agrees to pay BOARD a one-time
connection fee of $8,600.00 ($4,300.00 each for north and
south connections) and a volume charge of 20c for each 1,000
gallons of Reclaimed Water used, (the "Volume Charge") but on
an annual basis not less than the above rate times the minimum
quantity RECIPIENT has agreed to purchase under Section 3.5
together with a storage charge equal to 8 c (the "Storage
Charge") for each 1,000 gallons of Reclaimed Water, the Volume
Charge for which is paid for by RECIPIENT, as provided above.
Such Storage Charge shall remain constant and shall not be
adjusted during the term of this Agreement or any extension
hereof. Payment of the connection fee shall be in one lump
sum no later than the commencement of construction of the
modification to the BOARD's wastewater facilities for the
treatment and production of Reclainied Water. The Volume
Charge. shall remain constant until the expiration of the
third ( 3) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires between the
time BOARD commences or makes available delivery of Reclaimed
Water and the end of the first fiscal year, such first year
shall... n9t count as the first fiscal year), after which the..
pr ice 'will be redetermined as provided in Section 5. The
BOARD shall render billings to RECIPIENT for the volume charge
on Cl:;.monthly basis for such applicable charges on the basis of
the 'greater of the actual Reclaimed Water delivered or the
volume charge for 1/12th of the minimum guaranteed annual
volume agreed to be accepted by RECIPIENT pursuant to Section
3 .5 above; provided that RECIPIENT shall pay no more, on a
fiscal year basis, than (i) such minimum annual guaranteed
volume charge or (ii) charges for Reclaimed Water actually
accepted during the fiscal year, whichever is more.
12-5-95
RRUSE/QUAILRIDGE/DELVRRy.AGR
7
4.3 In the eVent the BOARD shall not be able to deliver
Reclaimed Water in the minimum volume agreed to in Section 3.5
of this Agreement, as a result of its inability to do so and
through no action Or inaction on the part of the RECIPIENT,
the RECIPIENT shall be enti tIed to a credit for Such shortage
in the minimum agreed to volume (by a proportionate
reduction) .
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Volume Charge shall be adjusted after the first three (3)
fiscal years as aforesaid upward or downward based on one-half
(1) of the year-to-year change in the actual operating costs
of producing, metering and delivering Reclaimed Water from
effluent and transmitting it to the point of delivery for the
RECIPIENT as it relates to the preceding year's Volume Charge,
however, Such Volume Charge shall neVer be less than 20~ per
thousand gallons nor shall an increase be applied if the
actual operating costs shall be less than said 20~ per
thousand gallons. The first Such adjustment shall OCCur
effective the first day of the fourth fiscal year fOllowing
the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (1) the. relative increase or decrease
in actual operating costs incurred by the BOARD during the
second fiscal year of delivery of Reclaimed Water to RECIPIENT
as compared to the third fiscal year and for each SUbsequent
year thereafter as compared to the previous year. The actual
operating cost and change therein shall be the basis for
determining the index for making the adjustments in the Volume
Charge.. Actual operating costs (" Actual Operating Costs. )
shall be determined in confOrmity with generally accepted
accounting principles consistently applied, except the
depreciation of plant and equ~pment and any other provision
for capital recovery, including interest on long term debt,
shall not be included as operating costs,o as such costs are
properly allocable to wastewater customers. Any increase or
decrease in the Volume Charge shall be determined as soon as
reasonably practicable and shall be effective retroactive to'
the scheduled date of adjustment and a sum due to the BOARD
as a result of the retroactive effect of such adjustment or
the credit due the ~RECIPIENT, if appliCable, shall be
refl~cted in the next billings regularly Submitted by BOARD to
RECIP"IENT as provided in Subparagraph 5.4.
-;.. 5. 1 BOARD personnel shall establ.ish, or cause to be
established, and maintain an accounting system in which such
current operating costs are recorded monthly in separate
accounts from sewage processing accounts. Costs shall be
recognized on a first-in first-out basis. The BOARD personnel
shall prepare and preserve any studies relating to the
allocation of Operating COsts on other than an ac:tually
incurred basis. By way of example, the parties agree that all
Operating and maintenance costs of labor, chemicals and power,
12-5-95
RRUSR/QUAILRIDGR/OELVERY.AGR
8
permits, regulatoDI requirements, legal, engineering,
administration, testing, meter calibration and contract
services may be allocated based on appropriate data or
studies. Such Current operating costs shall be recorded on a
consistent basis from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost
per thousand gallons of Reclaimed Water delivered beginning
with the second fiscal year after the plant starts to deliver
Reclaimed Water to RECIPIENT.
5.2 By way of example, i'f delivery begins on October 6,
1996, the third fiscal year thereafter would be October 1,
1998 to September 30, 1999. Assume that the actual cost of
producing Reclaimed Water for the fiscal year October 1, 1997
through September 30, 1998 was 21~. Further, assume that the
Actual Operating Cost of producing and delivering Reclaimed
Water to RECIPIENT during the second fiscal year to the end of
the third fiscal year (October 1, 1997, through September 30,
1999) increased from 21~ per thousand gallons to 23c per
thousand gallons. The index for increase would be calculated
by dividing the base cost of 21~ per thousand gallons into
one-half (l) the 2~ increase in cost, resulting in an increase
of 4.76% to the previous years' Volume Charge of. 20~ per
thousand gallons for the fourth fiscal year, equal to 20.95~
per thousand gallons (4 x 2 = 1 + 21~ = .0476, then 20~ x
1.0476 = 20.95~).
5.3 As soon as reasonably practical, after each fiscal
year for which the contract price is Subject to adjustment ,
the BOARD shall prepare a statement showing in reasonable
detail the actual operating costs to produce Reclaimed Water
from effluent for the latest two fiscal years. For each such
year, the statement shall also show (1) the number of gallons
in thousands of Reclaimed Water delivered .to Reclaimed Water
users, (2) the cost per thousand gallons of Reclaimed Water
calculated by diViding such.operating costs by such gallons,
(3) the calculation of the ratio of change in cost per
thousand gallons from the earlier year to the later year, and
(4) the calculation of the adjusted price.for the later year.
This statement shall be- .deemed to be the responsibility of the
BOARQ, and the BOARD's Executive Director shall attest in
writing' to the propriety of the costs and calculations shown
thereon. .
'.4, .
'j' 5 .4 By January 15 of each year, the BOARD' S Executive
Director shall sUbmit to RECIPIENT th~ SUpplemental statement
set forth in the. preceding paragraph, together with the
attestation thereto. by the BOARD. At the same time, the
BOARDS Executive Director shall submit to RECIPIENT a bill or
credi t showing ( 1) the amount paid by the RECIPIENT for
Reclaimed Water delivered in the current fiscal year, (2)the
amount payable for Reclaimed Water delivered in the current
12-5-95
RRUSR/QUAILRIDGR/DELVERY.AGR
9
fiscal year based on the adjusted price for the year as set
forth above, and (3)the difference. Any such difference shall
be either paid promptly by the RECIPIENT, Or shown as a credit
in the next billing to the RECIPIENT.
5.5 For billing purposes only prior to the determination
of actual costs for adjusting the Volume Charge, during each
year subject to price adjustment, the BOARD may use a
tentative price per thousand gallons based on using budgeted
costs for the current year in the price adjustment calculation
set forth above.
5.6 RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
records, and production records of the BOARD.
5.7 Notwithstanding the above provisions, the price paid
by the RECIPIENT for Reclaimed Water shall be adjusted
downward in the event the BOARD offers Reclaimed Water to any
other non-governmental customer(s) upon Substantially similar
terms and conditions for the same use of the Reclaimed Water
at a lower charge than RECIPIENT is or will be paying under
this Section 5. Such downward adjustment shall be made to
guarantee RECIPIENT that no other user of Reclaimed Water for
similar purposes 'shall receive a more favorable charge than
will also be given to RECIPIENT under similar circumstances.
5.8 To the extent that the BOARD receives governmental
or environmental noncapital improvement subsidies which are
provided to the BOARD for encouraging wastewater reuse and
which are intended to be applied pursuant to the terms of such
grant or subsidy to the operational costs of the Reclaimed
Water facility, as opposed to capital improvements or
expansion of such Reclaimed Water facility, the BOARD will
apply such funds, to the extent allowed,' to its Reclaimed
Water facility operating costs.
5.9 The parties to this Agreement agree and recognize
that RECIPIENT is under no legal or other Obligation to enter
into this Ag+eement -for reuse of wastewater. RECIPIENT
currently has operating pennits from FDEP and the Water
Management District to pump surface and ground water for all
RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump
thip surface and ground water is substantially less than the
charges RECIPIENT will pay for Reclaimed Water under this
Agreement. RECIPIENT'S only consideration and motivation to
enter into this Agreement is to insure sufficient irrigation
water by receiving its full allocation of Reclaimed Water on
demand in accordance with the rate and delivery conditions set
forth in this Agreement, free from adverse environmental or
climatic impact. RECIPIENT-has determined that the benefits
of this Agreement are only marginally economically feasible.
12-5-95
REUSE/QUAILRIDGE/DELVERy.AGR
10
Therefore, if as a result of any action by the BOARD, the City
of Delray Beach or the City of Boynton Beach, RECIPIENT would
be required to pay charges in. excess of those established
under Section 5, then RECIPIENT shall have the option of
canceling this Agreement upon sixty (60) days advance written
notice to the BOARD.
SECTION 6. Inspection. BOARD shall have the right to enter
RECIPIENT's property, upon proper identification and at any
reasonable time, in order to inspect the irrigation system as
may be necessary or desirable for the operation f safety T
protection, or preservation thereof, to determine compliance
with any law, order or regulation of any governmental
authority having jurisdiction, and for sampling at any
monitoring wells located on the property. RECIPIENT shall have
the right to enter the BOARD's plant and properties and the
right of access to its wastewater facilities and records, at
any reasonable time, for the purpose of determining whether
the BOARD is in compliance with this Agreement.
SEC~ION 7. Assignments. This Agreement can be assigned by
RECIPIENT only with the prior written approval of BOARD, but
such approval shall not be unreasonably withheld, provided the
assignee shall assume this Agreement and shall demonstrate to
BOARD its financial ability to comply with the provisions
hereof.
SECTION 8. Notices; Proper Form. Any notice required or
allowed to be delivered hereunder sha~l be in writing and
shall be deemed to be delivered when (1) hand delivered to the
official hereinafter designated, (2) upon receipt of such
notice when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed
to a party at the address set forth opposite the party' name
below, or at .such other address as the party shall have
specified by written notice to the other party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue
Delray Beach, FL 33445
.... ","
RECIPIENT
QUAIL RIDGE COUNTRY CLUB
C/O Club Manager
3715 Golf Road
Boy:riton Beach, FL 33436
12-5-95 .
RRiJSE/QUAILRIDGE/DELVERY.AGR
11
COpy TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
COpy TO:
Robert w. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall
give the other party written notice of' any defaults hereunder
and shall allow the defaulting party 30 days from the date of
receipt to cure such defaults, except failure to deliver water
on demand.
SECTION 10. Default by Either Party. If any party hereto fails
to perform or comply with. any of the conditions of this
Agreement, and if the nonperformance shall continue for a
period of thirty (30) days after the written notice thereof to
the non-performing party, or if the performance cannot be
reasonably completed within the 30-day period, or if the non-
performing party does nQt in good faith commence performance
within the 30~day period and does not diligently proceed to
complete performance, the non~performing party shall be in
default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail
to comply with any reuse water rule or regulation of any
Federal, State or County or local agencies, except BOARD, or
violate any permit granted with regard to the use of the
irrigation system on the RECIPIENT's property, then RECIPIENT
shaTlindemnify the BOARD, its officers, governing board,
employees and agents against all claims, demands, causes of
actions, suits, jUdgments, fines, penalties, or losses,
ind'iuding all costs suffered or incurred by the BOARD by
reason of such failure. In the event the BOARD shall fail to
comply with any rule, regulation, order of any Federal, State
or County or local agency, or fail to deliver water meeting
the quality standards provided by this Agreement, then the
BOARD shall, to the extent allowed by law, indemnify the
RECIPIENT, its officers, board of directors, employees and
agents against all claims, demands, causes of actions, suits,
12-5-95
REUSE/QUAILRIDGE/DELVERY.AGR
12
judgments, penalties, fines, or losses suffered or incurred by
the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party hereto shall
be in default hereunder as set forth in Section 10, then the
other party shall have the following remedy: bring suit for
the breach which has occurred without affecting the
obligations of the party to perform the balance of the
Agreement. The parties shall have the right not only to
injunctive relief, but also to recover any damages which a
party may incur as a result of the breach of this Agreement by
the other party. The parties further agree that any litigation
shall be brought in Palm Beach County, Florida, only, and the
parties agree that the proper venue for any such action would
on~y be in Palm Beach County, Florida. The- parties further
waive any right to Jury trial they may have in any action
among, them involving this Agreement or the alleged breach
thereof.
SECTION 13. Disclaimers of Third Par~y Beneficiaries. This
Agreement is solely for the benefit of the formal parties
hereto and no right or cause of action shall accrue upon or by
reason hereof or to or from or for the benefit of any third
party not a formal party hereto.
SECTION 14. Severability. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity
or unenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Applicable Law. This Agreement and the provlSlons
contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the
entire Agreement between the parties hereto with respect.to
this transaction and supersedes all prior negotiations and all
prior written or oral understandings.
SECTION 17. Amendments~ This Agreement may only be amended,
supplem~nted or discharged by an instrument in writing signed
by all parties hereto.
SECTION 18. Recordation. This' Agreement or a mutually
agreJable memorandum thereof will be recorded in the public
records of Palm Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the
other party, in writing, as to the status of its construction
document preparation and construction of - associated
improvements on a monthly basis 'to ensure that both parties'
activities are progressing with reasonable diligence.
12-5-95
RRUSE/QUAILRIDGE/DELVERY.AGR
13
SECTION 20. Completion Date. The Board agrees to use its best
efforts have its Reclaimed Water facilities completed and
available for use for RECIPIENT and RECIPIENT agrees to use
its best efforts to have its Irrigation System complete and to
accept delivery of Reclaimed Water from the BOARD on or before
November 1, 1997, subject to matters beyond the reasonable
control of either party.
SECTION 21. Cross-Connection. RECIPIENT desires to connect
its south course irrigation system with its north course
irrigation system, which will require crossing the Woolbright
Road and L-26 canal. In that the BOARD will also have to
cross both rights-of-way to connect its reclaimed water
transmission facilities to RECIPIENT's irrigation system, the
BOARD agrees to obtain a price from its Contractor for the
installation of such pipe for RECIPIENT. The RECIPIENT shall
then be authorized to either contract directly with the
BOARD's Contractor for such pipe installation or to obtain its
own contractor.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT
AND DI SJ~{lSAL BOARD
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ATTESTED BY.:
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APPROVED AS TO FORM: '1
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Board Attorney I
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C~ty 6f Deftay Beach, Mayor
APP~F;:;z
City of Boynton ach, Mayor
12-5-95
RRDSE,'QUAILRIDGE/DELVERY.AGR
14
K-UllBIT A
LEGAL DESCRIPTION OF PROPERTY
(To Be Provided By Recipient)
gUAIL RIDGE (A PLANNED UNIT DEVELOPMENT)
PLAT NO.1
BEING A SUBDIVlSION OF A PORTION OF THE NE 1/4 OF
SEc;TION 36, TOWNSHIP 45 SOUTH, RANGE 42 EAST, Al'lD A
PORTION OF THE NW 1/4 OF SECTION 31, TOWNSHIP 45 SOUTH
,
RANGE 43 EAST, VILLAGE OF GOLF i\ND PALM BEACH COUNTY,
FLORIDA
PLAT NO.2
BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF
SECTION 36, TOWNSHIP 45 SOUTH RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA
.
PLAT NO.3
BEING A SUBDIVISION OF A PORTION OF THE N 1/2 OF SECTION
36, TOWNSHIP 45 SOUTH, RANGE 42 EAST,
V1LLAGE OF GOLF AND PALM BEACH COUNTY, FLORIDA
PLAT NO. 3A
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 36, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO.4
BEING A SUBDIVISION. OF A PORTION OF THE N 1/2 OF SECTION
36, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA
" PLAT NO.5
BEING A SUBDIVISION OF A PORTION. OF THE NE 1/4 OF
SECTION 36, TOWNSHIP 45 SOUTH, RANGE 42 EAST AND A
PORtION OF THE NW 1/4 OF SECTION 31, TOWNSHIP 45 SOUTH,
RANGE 43 EAST PALM BEACH COUNTY, FLORIDA.
PLAT NO. 6
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, VILLAGE
OF GOLF AND PALM BEACH COUNTY. FLORIDA
PLAT NO. 7
BEING A SUBDMSION OF A PORTION OF THE NORTH ONE-HALF
OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA
Page 1 of 3 - Exhibit "
"""r"\~""
PLAT NO.8
BEING A SUBDTVISION OF A PORTION OF THE NORTH ONE-I-IALF
OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALIVI
BEACH COUNTY, FLORIDA
PLAT NO.9
BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF
OF\SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO. 10
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST AND A
PORTION OF THE NE 1/4 OF SECTION 36, TOWNSHIP 45' SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORlDA
PLAT NO. 11
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH, RANGE' 43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO. 12
BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF
SECTION 36, TOWNSHIP 45 SOUTH, RANGE 42 E.AST, PALM
BEACH COUNTY, FLORIDA .
PLAT NO. 13
BEING A SUBDIVISION OF A PORTION OF-tHE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO. 14 '
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
. BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 105,
119, 120 AND PORTIONS OF TRACTS 73, 74, 87, 88, 106, 107, 117
AND 118 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION
30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE
73 AND OTHER LANDS
PLAT NO. 15
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM
BEACH COUNTY, FLORlDA, BEING A RE-PLAT OF PORTIONS OF
TRACTS 53, 54, 75, 76, 85 AND 86 PALM BEACH FARMS
COMPANY PLAT NO.8, SECTION 30, TOWNSHlP 45 SOUTH,
RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS
Page 2 of 3 - Exhib-
..! ,~
PLAT NO. 16
IN SECTION 30, TOWNSHJP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF PORTIONS OF
TRACTS 73, 74. 75, 86, 87 N\fD 88 PALlY! BEACH FARMS
COlVIPANY PLAT NO.8. SECTION 30, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LAl'lDS
..\ PLAT NO. 17
IN SECTION 30, TOWNSHIP 45 SOUTH. RANGE 43 EAST, PALM
BEACH COUNTI, FLORIDA, BEING A RE-PLAT OF PORTIONS OF
TRACTS 85,86,87, 106, 107, 108, 117 AND l18 PALM BEACH
FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45
SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER
LANDS
PLAT NO.. 1~
IN SECTION 30, TOWNSHIP 45S0UTH~ RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF PORTIONS OF
TRACTS 51, 52, 53, 54, 76, 77, 78, 84 AND 8 PALM BEACH
FARMS COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45
SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER
LANDS
PLAT NO. 19
IN SECTION 30, TOWNSHIP 45 SOUTH; RANGE 43 EAST, . PALM
BEACH COUNTI, FLORIDA, BEING A RE-PLAT OF TRACTS 19. 20. .
45 AND 46 AND PORTIONS OF TRACTS 12, 13, 14,21.43,44.51.
52, 53 AND 54 PALM BEACH FARMS COMPANY PLAT NO.8,
SECTION 30. TOWNSHIP 45 SOUTH. RANGE 43 EAST, PLAT BOOK
5. PAGE 73 AND OTHER LANDS
, PLAT NO. 20
IN SECTION 30. TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM
BEACH ~OUNTY, FLORIDA. BEING A RE-PLAT OF TRACTS 22.41.
4Z;.AND PORTIONS OF TRACTS 11. 12.21, 43, 53.54.55 AND 56
PALM BEACH FARMS COMPANY PLAT NO.8, SECTION 30,
TOWNSHIP 45 SOUTH. RA..NGE 43 EAST. PLAT BOOK 5. PAGE 73
AND OTHER LANDS
PLAT NO. 21
IN SECTION 30, TOWNSHlP 45 SOUTH. RANGE 43 EAST. PALM
BEACH COUNTY. FLORIDA. BEING A RE-PLAT OF TRACTS 115.
116, 110, 109. 83 AND PORTIONS OF TRACTS 117. 108. 84, 85,
78.77.51 AND 52 PALM BEACH FARMS CO:MPANY PLAT NO.8,
SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PLAT BOO~
5, PAGE 73 AND OTHER LANDS
p", c$p ::t of 3 - Exbib
EXHIBIT B
OPERA TINe RESTRICTS
Recipient shaH m ai nrain COm p Ii ance with the foH 0 win g operati n g r estri ctions foe p.o, eel i n g
human health, welfare and safety, and the environment
11\.
l. The pub Ii c shaJJ be notified of the USe of reclaim ed Water by posting advisory signs, no les
on SCOre cards Or othee methods in aCCOrdance with OJaplee l7 -<510.468 FA C
2. Direct connections between the .eclaimed water system and inigation Wate. system shaJJ
not be aJJowed without the use of appropriate backflow prevention devices.
. J. No cross-COnnection to potable "'ater systems shaJJ be aHowed.
4. All reclaimed Watee valves and outlets sh;rll be appropriately color coded and labeled in
aCCO.dance with OJapte! l7-<5 I 0.470 FACto warn public and employees that the Wate.
is not intended for drinking.
5. Setback distanees to porable water supply weJJs and the USe of low trajectOIY nozzles shaJJ
be in accordance with Chapter 17-610.471 FAC.
6 The use of .eclaimed Wate. shall be consistent with aH applicable fed",.!, s""e, and local
laws and regulations.
-.
)l:'~.\OJf:m1T..B
Exhibit B
January 1995
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EXHIBIT D
Board s~1I monitor the redaimcd Waler for the fOllowing parameters and agrees to divert reclaimed
water v.f1ich ncecds the specified limits.
Enclosure 'A
Parameter 1 Sampling Frequency Limirl/)
Turbidiry Continuous 2 NTlJ
Chlorine Residual Cominuous I (minimum)
C~oride Continuous 350
CBOD(:'J Daily 20
TSS(JI Daily 5
pH Hourly 6 10 7.5 unitsl.51
7.8.units(61
Aluminum Annual 1.0
Arsenic Annual 0.10
Be~'llium Annual 0.10
Boron Annual 0.50
Cadmium Annual 0.01
Chromium Annual 0.1
Caball Annual 0.05
Copper Annual 0.2
Fluoride Annual l.0
Iron Annual 5.0
Le3d Annual 5.0
Lirhit;m Annual 2.5
Manganese Annual 0.2
Molybdenium Annual 0.005
Nickel Annual 0.02
Selenium Annual 0.02
Vanadium Annual 0.10
Zinc "- Annual 2~O
Bicarbonate, (as CaCO:;) Annual 110
Calcium. Annual (4)
Magn~sium Annual (4)
Sodium Annual (4).
Sodium Adsomtion Ratio Annual 6 units
(J)
Q)
(3)
(4)
(5)
(6)
Maximum concentration expressed .in mgIL unless noted.
Carbonaceous Biochemical O"..ygen Demand (CBOD).
T Olal Suspended Solids (TS5).
Jnfonnation used in calculation of Sodium Adsorption Ratio (SAR).
Daily a\"era~e .
2-Hour duration
W:'.7"7~\EXHlBn.D
Exhibit D
January 1995
Pal'C t of I
~1l
K05-087 ~
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of
,2005, by and between th60UTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD, an entity created pursuant to Florida Statues Chapter
163.01, hereinafter referred to as the "BOARD," and the CITY OF BOYNTON BEACH,
FLORIDA, a Florida municipal corporation, hereinafter referred to as "BOYNTON."
WITNESSETH;
WHEREAS, the BOARD has heretofore entered into that certain Agreement with Quail
Ridge Country Club, concerning delivery and acceptance of reclaimed water dated the 5th day of
August, 1997, a copy of which is attached hereto and hereinafter referred to as the "Reclaimed Water
Agreement;" and
WHEREAS, the BOARD is modifying its reclaimed water operations as a result of an
amendment to the Interlocal Agreement creating the BOARD: whereby the BOARD will provide
wholesale reclaimed water services only to the City of Del ray Beach and the City of Boynton Beach;
and
WHEREAS, in order to implement such modification and the mode of operation as above
described, the BOARD, by this Agreement, intends to assign all of its rights, duties and obligations
under the said Reclaimed Water Agreement to BOYNTON, and BOYNTON, in accepting such
assignment, shan assume all of the rights, duties and obligations of the BOARD under said
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as fonows:
1. The BOARD hereby assigns an rights, benefits and obligations under the Reclaimed
Water Agreement to BOYNTON, effective the 1st day of October, 2005.
... 2.. BOYNTON hereby agrees to accept and assume an rights, benefits and obligations
created under.the said Reclaimed Water Agreement pursuant to this assignment.
:; .... IN WITNESS WHEREOF, the parties have executed this Assignment Agreement the day
and year first above written.
--SOO-TH CENTRAL REGIONAL W ASTEW ATER
TMENT AND DISPOSAL BOARD
'-
t~
By:
Printed Name: Mu ire.
Chairman
AP~RO~~ AS TtRM
Bluomey --
A TTESTED BY:
Secretary
APPROVED AS TO FORM
City Attorney
"'-~. ..,
CITY OF BOYNTON BEACH
By:
Mayor
., _.'C, -:<3:, !,~.
-,
FIRST AMENDMENT AND RESTATEMENT OF
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
wAsTEWATER TREATMENT AND DISPOSAL
BOARD AND QUAIL RIDGE COUNTRY CLUB
CONCERNING DELIVERY AND ACCEPTANCE
OF RECLAIMED WATER
THIS FIRST AMENDMENT AND RESTATEMENT of that certain
AGREEMENT dated January 18, 1996, is made and entered into on this
~ day of .\V~b~ , 1997, by and betweenSoutb
Central Regional astewater Treatment and Disposal Board, a
municipal corporation created pursuant to the laws of the State of
Florida (hereinafter BOARD), and Quail Ridge Country Club, Inc.
(hereinafter RECIPIENT).
WIT N E SSE T H:
WHEREAS, the BOARD and RECIPIENT have heretofore entered into
that certain Agreement Concerning Delivery and Acceptance of
Reclaimed Water dated January 18, 1995; and
WHEREAS, RECIPIENT has requested an Amendment to. such
Agreement to provide for additional volumes of reclaimed water in'
order to allow RECIPIENT to supply reclaimed water for landscape
irrigation purposes to the Quail Ridge Property Owner's
Association, Inc., (the "POA"), pursuant to the contractual
relationship between RECIPIENT and the POA; and
WHEREAS, the BOARD is agreeable to amending said Contract to
provide the additional volumes requested pursuant to the terms and
conditions set forth in this Amendment.
Accordingly, for and in consideration of the recitals
contained herein, mutual understandings and agreements contained
herein, and other consideration, the receipt and s.ufficiency. ,of
which is hereby-acknowledged by:;the-parties; the parties covenant
and agree . as follows: - .'.; .
.... -"
SECTION 1. Reci.tals. The below recitals are true and correct
and form a material 'part of this Agraement.
" ......
1.1 The parties hereto represent to one another that each has
the full power and authority to enter into this Agreemehtand to
carry out their respective obligations thereunder. The BOARD is
composed of the Cities of Boynton Beach and Delray Beach (the
"Cities"), pursuant to an lnterlocal Agreement entered into
pursuant to Chapter 163, Florida Statutes.
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B
1.2 The parties reCognize that reuse of Reclaimed Water is in
the public interest, as it recaptures. an otherwise wasted and
unused water resource. The BOARD owns and operates wastewater
facilities which it proposes to upgrade to produce Reclaimed Water
suitable for irrigation of areas, such as golf courses, parks,
school grounds, cemeteries, and landscaping irrigation, and
RECIPIENT is willing to accept such ReClaimed Water for irrigation
purposes in the public interest.
1.3 In a normal year, RECIPIENTS will irrigate approximately
240 days and most of RECIPIENT'S daily requirements will be needed
during approximately 12 hours commencing about sundown. BOARD
agrees to use its best efforts to supply Reclaimed Water on demand
to RECIPIENT up to the volume and at the charge set forth in this
Agreement. RECIPIENT has valuable golf courses that require access
to such Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water but is doing so in reliance upon the RECIPIENT entering into
this Agreement.
1.4 (a) The RECIPIENT owns and controls land (the "Property")
which is described in Exhibit "A", attached and made.a part hereof
by reference; (b) The RECIPIENT by contractual relationship will
have obtained the right to provide reclaimed water for landscaping
irrigation purposes to the POA's properties (the "POA Property")
which lie within the property described in Exhibit "A."
1 . 5 RECIPIENT agrees to: (a) irrigate the Property and
provide reclaimed water. for irrigating the POA. Property using
Reclaimed Water; (b) maintain the storage facility, if applicable,
ponds and lakes, if applicable, pumps and irrigation system to be
located on the Property from the point of delivery; and (c) upgrade
its irrigation system when reasonable and economical to utilize the
volume of Reclaimed Water accepted from the BOARD and as required
to ,meet any federal, state, or local requirements, (d) maintain
compliance with the operating restrictions for protecting human
hea1th and the environme-nt attached thereto as Exhibit "B."
1.6 RECIPIENT shall accept the Reclaimed Water delivered by
the BOARD and use Lt for irrigation of the P~operty and the POA
Propenty. The BOARD shall be deemed to be in possession and
control of the Reclaimed Water until it shall have been delivered
to the RECIPIENT at the Point of Delivery. Aftersuch~delivery,
the RECIPIENT shall be deemed to be in possession and control
thereof.
1.7 The RECIPIENT agrees to maintain all Federal, State and
governmental permits issued to it and necessary to allow it to
4-9-97
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9
receive and utilize the Reclaimed Water pursuant to the terms of
this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or encumber
the Property in areas i.rrigated with the Reclaimed Water shall not
be restricted by this Agreement. This Agreement shall run with the
land so long as the use of a major portion of the Property shall
continue to be for golf course and related purposes. Any
subsequent party in interest to such golf course or courses shall
be obligated to receive and pay for Reclaimed Water under the same
terms and conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
I. 9 '. METER. The design and construction of the metering
facil.i ty shal.l be the responsibil.ity of the BOARD and must be
mutual.l.y approved in advance in writing by BOARD and RECIPIENT. The
meter wil.l be utilized to measure the amount of Recl.a~ed Water
delivered by the BOARD to RECIPIENT and the BOARD shall. operate,
maintain, cause to be calibrated, and repair said meter.
1.10 CONSTRUCTION. Upon completion of the engineering design
of the metering facility, and the acceptance of same by both
parties, the metering facility will be constructed by the BOARD and
placed into service.
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Recl.aimed Water meter and
related appurtenances and the lines interconnecting BOARD's system
into the metering facil.ity, including al.l. valves and appurtenances
up to and including the discharge flanges of the valves immediately
downstream of the meter. The parties agree that the RECIPIENT
shal.l. have reasonabl.e access to the metering facility, to all
other Reclaimed Water meters, check valves., and any other
appurtenances thereto, to verify fl.ows, meter readings, meter
cal.ibrations, efficiency of the check valves, and any other
performance data necessary to the operations of the Interconnection
facility upon reasonable advance notice to.. the Board.. The ,metering
device shall be tested and calibrated, at>BOARD~s.-expense;.';at.~;,least;;:~.::. ._
once per year and repaire<Fif;'requiJ::ed. 'Any".errors.,:i.n meter:';reading;: ....
and any" discrepancy in. meter results from a true - and correct
measure of Recla~ed Water flow to RECIPIENT shall be adjusted
properly and retroactively to reflect the flow to RECIPIENT. Any
incorreb\t metering device shall. be repaired forthwith by the BOARD.
1.12 This agreement has been duly authoriz~d by all named
parties. Pursuant to Section 3 (C) of the Interlocal Agreement
dated December 26, 1974, between the City of Boynton Beach and the
Ci ty 0 f Del.ray Beach, this Agreement and al.l. provisions thereof
have been contractuall.y approved by a majority vote of each City
Council as the act of each City, or, if such approval has not
4-9-97
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JO
already been obtained, such approval will be obtained and Certified
to RECIPIENT before this Agreement shall become effective.
SECTION 2. Definitions. The parties agree that in construing this
Agreement, the following words, phrases and terms shall have the
following meanings, unless the context requires otherwise:
2 . 1 "Agreement" means this Agreement between BOARD and
RECIPIENT.
2.2 "FDEP" means the Florida Department of Environmental
Protection, and its successors.
2.3 "Fiscal Year" means October 1 to September 30 of the
following year.
2.4 "GPD" means gallons per day.
2 . 5 "Irrigation system" means those pump stations, lines,
pipes, sprinkler heads, ponds and lakes, storage facilities, if
applicable, and pertinent equipment that are located on RECIPIENT's
property and used to store, spray and irrigate with Reclaimed Water
that has been treated in accordance with all applicable
governmental regulations and in. accordance with the terms and
provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Point of delivery" means the point at the meter which
divides the BOARD's wastewater facilities from the RECIPIENT-fs
irrigation system, or as otherwise noted on engineering drawings
approved by both parties.
2.8 "Reclaimed Water" means wastewater that has been treated
in accordance with Section 3.4 of this Agreement.
2.9 "Reclaimed Water Disposal Facilities II means those
facilities necessary for the. storage, if. applicable" transPOrtation
and disposal of wastewater. previously treated '"in ".accordance with
applicable ,local , state and federal standiirds and limitation at the
plant to the standard of Reclaimed Water. These facilities include,
but are not limited to, any Reclaimed Water transmission
facili~ies, irrigation systems and storage faCilities, if
applicable.
2.10 "Reclaimed Water TransmisSion Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Facilities" means those facilities which may be
designed, permitted and constructed on the Property and the POA
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11
Property, if applicable, or upon the BOARD's property, if
applicable., and which are necessary to store and hold Reclaimed
Water in a manner that complies with regulatory requirements.
2.12 "Wastewater" means the product received by the wastewater
treatment facility for treatment.
2.13 "Wastewater Facilities" means the BOARD's plant located
at 1801 North Congress Avenue, Delray Beach, Florida, and Reclaimed
Water transmission facilities, including all interceptors, lines,
pipes, meters, couplings, pumps, force mains, and appurtenant
equipment necessary to treat and transmit the Reclaimed Water.
SECTION 3. Grant of License and Easement. RECIPIENT hereby grants
to BOARD an easement over the Property including a 15 foot utility
easement to be mutually agreed upon and located in the approximate
location depicted on Exhibit "C" attached hereto, to allow
construction, operation, maintenance and repair of the BOARD's
Reclaimed Water transmission main to the point of delivery, and the
right to transmit, deliver and dispose of Reclaimed Water through
the irrigation system and storage facility, if applicable, on the
Property in accordance with and subject to the following
conditions:
3.1 Desiqn and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed Water at
the point of delivery. RECIPIENT agrees to design, permit, install
and operate, at its sole expense, any storage facility, if
applicable, and the irrigation system on the Property and the POA
Property up to the point of delivery.
3.2 Permits and Approval for the Irriqation System.
Recipient shall be responsible, in cooperation. with Board, for
obtaining and maintaining necessary governmental permits and
approvals in order to install and operate the irrigation system:
provided, however., : that Board shall be responsible for obtaining
and ma~ntaining all pe~ts for Reclaimed Water disposal
facilities. For all wastewater facilities located on its side of
the point of delivery, Board shall be solely responsible for
obtaiIti;l\g, compiling, providing and complying. with all monitoring,
sampling, testing, and reporting requirements for the Reclaimed
Water, which may be imposed by government law, rule, permit, or
approval. Recipient shall grant Board upon reasonable advance
notice to RECIPIENT access to the irrigation system as 'needed to
assure continued compliance with applicable laws and regulations,
including, but not limited to, any monitoring or testing
requirements.
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]}
3.3 Delivery of Reclaimed Water. BOARD agrees to use its best
efforts to make available and deliver in the volume and at the
times requested, an annual volUme of Reclaimed Water of at least
584,000,000 gallons (MGY), with maximum volume anyone day up to
but not to exceed .3,690,000 (1,230,000 north connection and
2,460,000 south connection respectively) gallons per day (GPD), at
a rate of 7,688 (2,563 north connection and 5,125 south
connection respectively) gallons per minute (GPM), for use on the
Property and the POA Property and, at its cost, to Connect the
BOARD's Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the point(s) of delivery agreed upon and as
shown in Exhibit "C". Both RECIPIENT and BOARD recognize that water
supply and demand will vary depending on a number of factors,.
primarily climatic conditions.
3.4 Quality of Reclaimed Water. BOARD shall make available
to RECIPIENT Reclaimed Water of a quality consistent with the
requirements of "public access" treatment levels as set forth in
Chapter 62-610, Florida Administrative Code, or its successor Code
provisions, or of a quality consistent with more stringent
requirements that may be imposed by any governmental agency having
jurisdiction and legal authority. In recognition of the need to
supply Reclaimed Water, the BOARD shall also be required to comply
with effluent limitations set forth in Exhibit "D". All Reclaimed
Water made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to remove
harmful levels of bacteria, viruses, and other constituents or
pollutants which could constitute a danger to human health, and in
accordance with all applicable federal, state and local laws,
rules, regulations, policies, ordinances, resolutions, orders and
permits and the requirements of Exhibit "D". BOARD shall provide
continuous monitoring of chlorine and turbidity, as well as other
required ground and surface water quality s~ling and monitoring
of Reclaimed Water as required by local, state and federal
regulations and by Exhibit "0". BOARD agrees to divert away as
expeditiously as possible, from the irrigation system, any
Reclaimed Water which does not comply with the terms and
conditions of this Agreement or which does not meet the applicable
state, federal'or local ~aws and regulations and to promptly and
fully nbt~fy RECIPIENT of such action. Copies of all. test results
shall be available to RECIPIENT upon request.
~.5 Minimum Purchase of Reclaimed Water by RECIPIENT. Upon
receipt of all necessary governmental permits and approvals by all
parties and completion of construction of wastewater facilities and
continuing for so long as BOARD complies with the requirements set
forth ~n this Agreement, RECIPIENT has an Obligation to pay for at
least 440,000,000 million gallons annually of Reclaimed Water for
spray irrigation on the Property and the POA Property, subject to
condi tions as set forth in Section 3.3 of this Agreement.
4-9-97
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13
Notwithstanding anything to the contrary, Recipient shall not be
obligated to accept delivery of or pay for Reclaimed Water which
does not comply with the terms and conditions of this agreement.
Such exception to RECIPIENT'S obligation to accept delivery of such
Reclaimed Water by reason of the Board's failure to meet the water
quality standards required in this Agreement shall relieve
RECIPIENT of its obligation to pay BOARD for the minimum annual
volume set forth above at the rates determined pursuant to
Paragraph 5 below only to the extent that the BOARD shall not have
made available to RECIPIENT such annual minimum volume of Reclaimed
Water meeting the requirements of this Agreement through the
completion of the then current fiscal year. Recipient shall not
transfer the water provided by Board to any third party for use off
of the Recipient's or the POA Property. Notwithstanding the
foregoing., the minimum purchases as above described shall be broken
down into two (2) phases:
a. Phase I - for the irrigation of the Property (the
golf courses) the RECIPIENT obligation shal~ commence at the time
and in the manner as specified in this Agreement with respect to
180,000,000 million gallons year (MGY).
b. Phase II - for the irrigation of the Property and
the POA Property the minimum obligations as described above shall
be increased to 440,000,000 million gallons per year (MGY) upon
connection of the supply lines from the RECIPIENT system to the
POA's delivery system, provided that such connection and increase
in the obligation shall occur not later than
six months (6) following the delivery of Reclaimed Water for Phase
I, above.
3.6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the paint(s)
of delivery.
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right to the exclusive receipt of BOARD's Reclaimed
Water supply.
3.R ~he BOARD agrees that it will not enter into contracts
with other recipients of Reclaimed Water for more than its daily
supply capacity as the same exists from time to time.
SECTION~4. Term and Fees
4,1 Ternl. The Easement and this Agreement shall be in effect
for a period of twenty (20) years commencing on the date of
execution of this Agreement. The term' of the Easement and this
Agreement shall be automatically extended for successive periods of
ten (10) years each, upon the same terms and conditions as herein
4-9-97
Reuse/Quail_rdg/restatement.amd
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\1
provided, unless either party hereto notifies the other by
certixied mail at least three years prior to the expiration of the
initial term of this Agreement or any renewal thereof, that this
Agreement shall not be so extended.
4.2 Payment of Fees. In return for and in consideration of
BOARD's construction of facilities and delivery of Reclaimed
Water, RECIPIENT agrees to pay BOARD a one-time connection fee of
Six Thousand Five Hundred Dollars ($6,500.00) for the north
connection, and Nine Thousand Dollars ($9,000.00) for the south
connection, and a volume charge of 20e for each 1,000 gallons of
Reclaimed Water used (the "Volume Charge"), but on an annual basis
not less than the above rate times the minimum quantity RECIPIENT
has agreed to purchase under Section 3.5, together with a storage
charge equal to Be (the "Storage Charge") for each 1,000 gallons of
Reclaimed Water the Volume Charge for which is paid for by
RECIPIENT, as provided above. Such Storage Charge shall remain
constant and shall not be adjusted during the term of this
Agreement or any extension hereof. Payment of the connection fee
shall be in one lump sum no later than the commencement of
construction of the modification to the BOARD's wastewater
facilities for the treatment and production of Reclaimed Water.
The Volume Charge shall remain constant until the expiration of
the third (3) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires between the time
BOARD commences or makes available delivery of Reclaimed Water and
the end of the first fiscal year, such first year shall not count
as the first fiscal year), after which the price will be
redetermined as provided in Section 5. The BOARD shall render
billings to RECIPIENT for the volume charge on a monthly basis for
such applicable charges on the basis of tne greater of the actual
Reclaimed Water delivered or the volume charge for 1/12th of the
minimum guaranteed annual volume agreed to be accepted by RECIPIENT
pursuant to Section 3.5 above; provided that RECIPIENT shall pay no
more, on a fiscal year basis, than (i)such minimum annual
guaranteed volume charge or (ii)charges for Reclaimed Water
actually accepted during the fiscal year, whichever is more.
4.3 In the event the . BOARD shall not be able to deliver
ReclaiIneti'Water in the minimum volume agreed to in Section 3.5 of
this Agreement, as a result of. its inability to do so and through
no actj.on or inaction on tne part of the RECIPIENT, the RECIPIENT
shall be entitled to a credit for such shortage in the minimum
agreed to volume (by a proportionate reduction).
SECTION 5. Future Adjustment of Price of Reclaimed Water.
The Volume Charge shall be adjusted after the first three (3)
fiscal years as aforesaid Upward or downward based on one~half (!)
of the year'-to-year change in the actual operating costs of
prOdUCing, metering and delivering Reclaimed Water from effluent
4-9-97
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15
and transmitting it to the point of delivery for the RECIPIENT as
it relates to the preceding year's Volume Charge, however, such
Volume Charge shall never' be less than 20c per thousand gallons nor-
shall an increase be applied if the actual operating costs shall be
less than said 20c per thousand gallons. The first such adjustment
shall occur effective the first day of the fourth fiscal year
following the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (!) the relative increase or decrease in
actual operating costs incurred by the BOARD during the seCond
fiscal year of delivery of Reclaimed Water to RECIPIENT as
compared to the third fiscal year and for each subsequent year
thereafter as compared to the previous year. The actual operating
cost and change therein shall be the basis for determining the
index fo,r making the adjustments in the Volume Charge. Actual
operating costs (" Actual Operating Costs ") shall be determined in
conformity with generally accepted, accounting principles
consistently applied, except the depreciation of plant and
equipment and any other provision for capital recovery, including
interest on long term debt, shall not be .included as operating
costs, as such costs are properly allocable to wastewater
customers. Any increase or decrease in the Volume Charge shall be
determined as soon as reasonably practicable and shall be effective
retroactive to the scheduled date of adjustment and a sum due to
the BOARD as a result of the retroactive effect of such adjustment
or the credit due the RECIPIENT, if applicable, shall be reflected
in the next billings regularly submitted by BOARD to RECIPIENT as
provided in Subparagraph 5.4.
5.1 BOARD personnel shall establish, or cause to be
established, and maintain an accounting system in which such
current operating costs are recorded monthly in separate accounts
from sewage processing accounts. Costs shall be recognized on a
first-in first-out basis. The BOARD personnel shall prepare and
preserve any studies relating to the allocation-of operating costs
on other than an actually incurred basis. By way of example, the
parties agree that all operating and maintenance costs of labor,
chemicals and power, permits, regulatory requirements, legal,
engineering, administration, testing, meter calibration and
contract services :may. be::. ~llocated based - on appropriate data or.
studies., Such current operating costs shall be recorded on a
consistent' basis 'from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost per
thousa~ gallons of Reclaimed Water delivered beginning with the
second. fiscal year after the plant starts to deliver Reclaimed
Water to RECIPIENT.
5.2 By way of example, if delivery begins on October 6, _1996,
the third fiscal year thereafter would be October 1, 1998 to
September 30, 1999. Assume that the actual cost of producing
Reclaimed Water for the fiscal year October 1, 1997 through
4-9-97
Reuse!Quail.rdg!restatement.amd
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)(,
September 30, 1998 was 21C. Further, assume that the Actual
Operating Cost of producing and delivering Reclaimed Water to
RECIPIENT during the second fiscal year to the end of the third
fiscal year (October_I, 1997, through September 30, 1999) increased
from 21e per thousand gallons to 23C per thousand gallons. The
index for increase would be calculated by dividing the base cost of
21e per thousand gallons into one-half (1) the 2c increase in cost,
resul ting in an increase of 4.76% to the previous years' Volume
Charge of 20e per thousand galloris for the fourth fiscal year,
equal to 20.95c per thousand gallons (! x 2 = 1 7 2Ie = .0476, then
20e x 1.0476 = 20.95C).
5.3 As soon as reasonably practical, after each fiscal year
for which the contract price is subject to adjustment , the BOARD
shall prepare a statement showing in reasonable detail the actual
operating costs to produce Reclaimed Water from effluent for the
latest two fiscal years. For each such year, the statement shall
also show (1) the number of gallons in thousands of Reclaimed Water
delivered to Reclaimed Water users, ( 2) - the cost per thousand
gallons of Reclaimed Water calculated by dividing such operating
costs by such gallons, (3) the calculation of the ratio of change
in cost per thousand gallons from the earlier year to the later
year, and (4) the calculation of the adjusted price for the later
year. This statement shall be deemed to be the responsibility of
the BOARD, and the BOARD's Executive Director shall attest in
writing to the propriety of the costs and calculations shown
thereon.
5.4 By January 15 of each year, the BOARD'S Executive
Director shall submit to RECIPIENT the supplemental statement set
forth in the preceding paragraph, together.with the attestation
thereto by the BOARD. At the same time, the BOARDS Executive
Director shall submit to RECIPIENT a bill or credit Showing (l)the
amount paid by the RECIPIENT for Reclaimed Water delivered in the
current fiscal year, (2) the amount payable for Reclaimed Water
delivered in the current fiscal year based on the adjusted price
for the year as set forth above, and (3)the difference. Anysuch
difference shall be either paid promptly by the RECIPIENT, or shown
as a credit in the next billing to the RECIPIENT.
""
5.5 For billing purposes only prior to the determination of
actual costs for adjusting the Volume Charge, during each year
subje~t to price adjustment, the BOARD may use a tentative price
per thousand gallons based on using budgeted costs for the current
year in the price adjustment calculation set forth above~
5.6 RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
records, and production records of the BOARD.
4-9-97
Reuse/Quail.rdg/restatement.amd
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17
5.7 Notwithstanding the above provisions, the price paid by
the RECIPIENT for Reclaimed Water shall be adjusted downward in the
event the BOARD offers Reclaimed Water to any other non-
governmental customer (s) upon substantially similar terms and
condi tions for the saine use of the Reclaimed Water at a lower
charge than RECIPIENT is or will be paying under this Section 5.
Such downward adjustment shall be made to guarantee RECIPIENT that
no other user of Reclaimed Water for similar purposes shall
receive a more favorable charge than will also be given to
RECIPIENT under similar circumstances.
5.8 To the extent that theBDARD receives governmental or
environmental noncapital improvement subsidies which are provided
to the BOARD for encouraging wastewater reuse and which are
intended to be applied pursuant to the terms of such grant or
subsidy to the operational.costs of the Reclaimed Water facility,
as opposed to capital improvements or expansion of such Reclaimed
Water facility, the BOARD. will.. apply such funds, to the extent
allowed, to its Reclaimed Water facility operating costs.
5.9 The parties to this Agreement agree and recognize that
RECIPIENT is under no legal or other obligation to enter into this
Agreement for reuse of wastewater. RECIPIENT currently has
operating permits from FDEP and the Water Management District to
pump surface and ground water for all RECIPIENT'S irrigation needs
and RECIPIENT'S costs to pump this surface and ground water is
substantially less than the charges RECIPIENT will pay for
Reclaimed Water under this Agreement. RECIPIENT'S only
consideration and motivation to enter into this Agreement is to
insure sufficient irrigation water by receiving its full
allocation of Reclaimed Water on demand in accordance with the
rate and delivery conditions set forth in this Agreement, free
from adverse environmental or climatic impact.. RECIPIENT has
determined that the benefits of this Agreement are only marginally
economically feasible. Therefore, if as a result of any action by
the BOARD, the City of Delray Beach or the City of Boynton Beach,
RECIPIENT would be required to pay charges in excess of those
established under Section ?, . then RECIPIENT shall. have. the option
of canceling this Agreement upon sixty (60) days advance written
notice to' 'the BOARD.
SECTION. 6. Inspection. BOARD shall have the right to enter
RECIPIENT I S Property and the PDA Property, upon proper
identification and at any reasonable time, in order to inspect the
irrigation system as may be necessary or desi;r:-able _, 'for the
operation, safety, protection, or preservation thereof, to
determine compliance with any law, order or regulation of any
governmental authority having jurisdiction, and for sampling at any
monitoring wells located on the Property and the PDA Property.
RECIPIENT shall have the right to enter the BOARD's plant and
4-9-97
Reuse/Quail.rdg/restatement.amd
11
11<
properties and the right of access to its wastewater facilities and
records, at any reasonable time, for the purpose of determining
whether the BOARD is in compliance with this Agreement.
SECTION 7. Assignments. This Agreement can be assigned by RECIPIENT
only with the prior written approval of BOARD, but such approval
shall not be unreasonably withheld, provided the assignee shall
assume this Agreement and shall demonstrate to BOARD its financial
ability to comply with the provisions hereof.
SECTION 8. Notices; Proper Form. Any notice required or allowed to
be delivered hereunder shall be in writing and shall be deemed to
be delivered when (1) hand delivered to the official hereinafter
designated, (2) upon receipt of such notice when deposited in the
United States mail, postage prepaid, certified mail, return receipt
requested, addressed to a party at the address set forth opposite
the party' name below, or at such other'address as the party shall
have specified by written notice to the other party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue
Delray Beach~ FL 33445
RECIPIENT
QUAIL RIDGE COUNTRY CLUB
C/O Club Manager
3715 Golf Road
Boynton Beach, FL 33436
COpy TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
"';.
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
COpy TO:
Robert w. Federspiel, Esq ;.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall give
4-9-97
Reuse/Quail.rdg/restatement.amd
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19
the other party written notice of any defaults hereunder and shall
allow the defaulting party 30 days from the date of receipt to cure
such defaults, except failure to deliver water on demand.
SECTION 10. Default by Either Party. If any party hereto fails to
perform or comply with any of the conditions of this Agreement, and
if the nonperformance shall continue for a period of thirty (30)
days after the written notice thereof to the non-performing party,
or if the performance cannot be reasonably completed within the
30-day period, or if the nonperforming party does not in good faith
commence performance within the 3D-day period and does not
diligently proceed to complete performance, the non-performing
party shall be in default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail to
compl y with any reuse water rule or regulation of any Federal,
State or County or local agencies, except BOARD, or violate any
permit granted with regard to the use of the irrigation system on
the RECIPIENT's Property and the POA Property, then RECIPIENT shall
indemnify the BOARD, its officers, governing board, employees and
agents against all claims, demands, causes of actions , suits,
judgments, fines, penalties, or losses, including all costs
suffered or incurred by the BOARD by reason of such failure. In
the event the BOARD shall fail to comply with any rule, regulation,
order of any Federal, State or County or local agency, or fail to
deliver water meeting the quality standards provided by this
Agreement, then the BOARD shall, to the extent allowed by law,
indemnify the RECIPIENT, its officers, board of directors,
employees and agents against all claims, demands, causes of
actions, suits, judgments, penalties, fines, or losses suffered or
incurred by the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party_ _hereto shall be in
default hereunder as set forth in Section 10, then the other party
shall have the following remedy: bring suit for the breach which
has occurred without affecting the obligations of the party to
perform the balance of the Agreement. The parties shall have the
right not. only to injunctive relief, but also to recover any
damages which a party may-mour as a result of the .breach of . this
Agreemen~, by the other party. The parties further agree that any
litigation shall be brought in Palm Bea~h County, .Florida, only,
and the parties agree that the proper venue for any such action
would only be in Palm Beach County, Florida. The parties further
waive any right to Jury trial they may have in any action among
them involving this Agreement or the alleged breach thereof.
SECTION 13. Disclaimers of Third Party Beneficiaries. This
Agreement is solely for the benefit of the formal parties hereto
and no right or cause of action shall accrue upon or by reason
hereof or to or from or for the benefit of any third party not a
1-9-97
Reuse!Quai1.rdg/restatement.amd
13
20
formal party hereto.
SECTION 14. Severability. If any part of this Agreement is found
invalid or unenforceable by any court, such invalidity or
unenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Appl.icable Law. This Agreement and the provisions
contained herein shall be construed, controlled and interpreted
according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the entire
Agreement between the parties hereto with respect to this
transact~on and supersedes all prior negotiations and all prior
written or oral understandings.
SECTION 17. Amendments. This Agreement may only be amended,
supplemented or discharged by an instrument in writing signed by
all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually agreeable
memorandum thereof will be recorded in the public records of Palm
Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the other
party, in writing,. as to the status of its construction document
preparation and construction of associated improvements on a
monthly basis to ensure that both parties' activities are
progressing with reasonable diligence.
SECTION 20. Compl.etion Date. The Board agrees to use its. best
efforts have its Reclaimed Water facilities completed and available
for use for RECIPIENT ~nd RECIPIENT agrees to Use its best efforts
to have its Irrigation System complete and to accept delivery of
Reclaimed Water from the BOARD on or before November 1, 1997,
subject to matters beyond the reasonable control of either party.
SECTION 21. Cross-Connection. RECIPIENT desires to connect its
south course irrigation system with its north course irrigation
system, 'which will require crossing the Woolbright Road and L-26
canal. In that the BOARD will also have to cross bOth rights-of-
way to.. connect its reclaimed water transmission facilities to
RECIPISNT's irrigation system, the BOARD agrees to obtain a price
from its Contractor for the installation of. such pipe for
RECIPIENT. The RECIPIENT shall then be authorized to either
contract directly with the BOARD's Contractor for such pipe
installation or to obtain its own contractor.
4-9-97
Reuse/Qua11.rdg/restatement.amd
14
21
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
~
{ I ~ l /
B . tl~ ,!~
y. .,1 J \ l.- '" r L-0--~
~ Chjiran ;J
APPROVED AS TO FORM:
//71. /'1
/ /
/..---------, /
Board/Attorney f
,
QUAIL
RIDGfli :;;2~
By:
APPRO.Z;Y'/Z~
Ci t.-:t>'o f /rS~lra:y/Beach, Mayor
~'pROVED BYy'" ~
/ . /; ,
;' /~
Mayor
4-9-97
~euseIQuai1.rd9/restatement_amd
15
EX BID IT B
OPERA TING RESTRJCTS
Recipient shall maintain compliance with the following operating restrictions for protecting
human health, welfare and safety, and the environment
'"
l. The public shaJl be notified of the use of reclaimed water by posting advisory signs, notes
on score cards or other methods in accordance with Chapter 1 7-6] 0.468 F AC.
2. Direct connections between the reclaimed water system and irrigation water system shall
not be allowed without the use of appropriate backflow prevention devices.
3. No cross-connection to potable water systems shall be allowed.
4. All reclaimed water valves and outlets sh~1 be appropriately color coded and labeled in
accordance with Chapter J 7-6l 0.470 F AC to warn public and employees that the water
is not intended for drinking.
5. Setback distances to potable watersuppJy wells and the use of Jaw trajectory DozzJes shall
be in accordance with Chapter 17-6J0.47J FAC.
6. The use of reclaimed water shall be consistent with a)) applicable federal, Sl.aie, and local
Jaws and regulations.
^:~57~\D:ltIBrr.B
Exhibit B
January] 995
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EXHJBIT D
Enclosure 'j
Board sh{lll monitor the.reclaimed waler for the follov..jng paramelers and agrees to diven redaimed
waler v.hich nceeds the speCIfIed limits_
Parameter Sampling F re.quency Limitll)
T urbidir) Continuous 2 NTU
Chlorine Residual Continuous I (minimum)
C~oride Continuous 350
CBODm Daily 20
TSS(3) Dailv 5
pH Hourly 6 10 7_5 unitsl~J
7.8 units(61
Aluminum Annual l.0
Arsenic Annual 0.]0
Be~%um Annual 0.10
Boron Annual 0.50
Cadmium Annual 0.0]
Chromium Annual 0.1
Cobalt Annual 0.05
Copper Annual 0.2
Fluoride Annual 1.0
Iron Annual S.O
Lead Annual 5.0
Lithium Annual 2.5
Manganese Annual 0.2
Molybdenium Annual 0.005
Nickel Annual 0.02
Selenium Annual 0.02
Vanadium Annual 0.10
Zinc Annual 2~0
Bicarbonate (as CaCO-) Annual 110
.~ ~-
Calcium Annual (4)
Ma{!tlesium Annual (4)
+:0- (4)
Sodium Annual
Sodium Adsomtion Ratio Annual 6 un its
(l)
(2)
{3}
(4)
(5)
(6)
Maximum concentration expressed -in mgIL unless noted.
Carbonaceous Biochemical O".-ygen Demand (CBOD).
Toral Suspended Solids (TS5).
Infonnation used in calculation of Sodium Adsorption Ratio (SAR).
Daily average
2-Hour duration
W".1"1~\EXHIBIl.D
Exhibit D
January 1995 -
rare t of I
AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
AND QUAIL RIDGE COUNTRY CLUB
CONCERNING DELIYERY AND ACCEPTANCE
OF RECLAIMED WATER
THIS AG~EEMENT is made and entered into on this Igi~
day of <'h7~,\n U-dA,,,-f 1996, by and between South Central
Regional Wastewate~ Treatment and Disposal Board, a municipal
corporation created pursuant to the laws of the State of
Florida (hereinafter BOARD), and Quail Ridge Country Club,
(hereinafter RECIPIENT).
Accordingly, for and in consideration
contained herein, mutual understandings
contained herein, and other consideration,
sufficiency of which is hereby acknowledged
the pa~ties covenant and agree as follows:
of the recitals
and agreements
the receipt and
by the parties,
SECTION 1. Recitals. The below recitals are true and
correct and form a material part of this Agreement.
1.1 The parties hereto represent to one another that each
has the full power and authority to enter into this Agreement
and to carry out their respective obligations thereunder. The
BOARD is composed of the Cities of Boynton Beach and Delray
Beach (the "Cities" ), pursuant to an Interlocal Agreement
entered into pursuant to Chapter 163, Florida Statutes.
1.2 The parties recognize that reuse of Reclaimed Water is
in the public interest, as it recaptures an otherwise wasted
and unused water resource. The BOARD owns and operates
wastewater facilities which it proposes to upgrade to produce
Reclaimed Water suitable for irrigation or areas, such as
golf courses, parks, school grounds and cemeteries, and
RECIPIENT is willing to accept such Reclaimed Water for
irrigation purposes in the public interest.
1 .3 In a norma). year, RECIPIENTS will irrigate
approximately 240 ,days and most of RECIPIENT'S daily
requirements will be needed during approximately 12 hours
conunencing about sundown. BOARD agrees to use its best
efforts to supply ReclalmedWater on demand to REClPIENT up to
the;.'Nolume and at the charge set forth in this Agreement.
RECIPIENT has valuable golf courses that require access to
such Reclaimed Water and has expended substantial money and
effort and has foregone other avenues to meet its irrigation
requirements in reliance on this Agreement. The BOARD is not
required to upgrade its wastewater system to produce Reclaimed
Water but is doing so in reliance upon the RECIPIENT entering
into this Agreement.
12-5-95
REUSE/QUAILRIDGR/DELVERY.AGR
1
1.4 The RECIPIENT owns and controls land which is
descri~d in Exhibit "A" (the "Pro~rty"), Bttached and made
a part hereof by reference.
1.5 RECIPIENT agrees to, (aJ irrigate the Property Using
Reclaimed Water; (b) maintain the storage facility, if
applicable, ponds and lakes, if applicable, pumps and
irrigation system to be located on the Property from the point
of delivery; and (C) upgrade its irrigation system when
reasonable and economical to utilize the volume of Reclaimed
Water accepted from the BOARD and as required to meet any
federal, state, or local requirements, (d) maintain compliance
with the operating restrictions for protecting human health
and the environment attached thereto as Exhibit "B".
1.6 Recipient shall accept tpe Reclaimed Water delivered
by the BOARD and use it for irrigation of the Property. The
BOARD shall be deemed to be in possession and control of the
Reclaimed Water until it shall have been delivered to the
RECIPIENT at the Point of belivery. After such delivery, the
RECIPIENT shall b~ deemed to be in possession and control
thereof.
1.7 The RECIPIENT agrees to maintain all Federal, State
and governmental permits issued to it and necessary to allow
it .to receive and utili~e the Reclaimed Water pUrsuant to the
terms of this Agreement.
1.8 The right of the RECIPIENT to sell, transfer or
encumber the Property in areas irrigated with the Reclaimed
Water shall not be restricted by this Agreement. This
Agreement shall rUn with the land so long as the use of a
major portion of the Property shall continue to be for golf
course and related purposes. Any subsequent party in interest
to such golf course or courses shall be obligated to receive
and pay for Reclaimed Water under the same terms and
conditions of this Agreement, unless modified by mutual
consent of the BOARD and the buyer or transferee.
1.9 METER. The design and construction of the metering
faci~ity shall be the responsibility of the BOARD and must be
mutually approved in advance in writing by BOARD and
RECIPIENT. The meter will be utilized to measure the amount of
Redlaimed Water delivered by the BOARD to RECIPIENT and the
BOARD shall operate, maintain, cause to be calibrated, and
repair said meter.
1.10 CONSTRUCTION. Upon completion of the engineering
design of the metering facility, and the acceptance of same by
both parties, the metering facility will be constructed by the
BOARD and placed into service.
12-5-95
REUSR/QUAILRIDGE/DELVERy.AGR
2
1.11 COSTS AND OPERATION. The BOARD shall bear the cost of
constructing, owning and maintaining the Reclaimed Water meter
and related appurtenances and the lines interconnecting
BOARD's system into the metering facility, including all
valves and appurtenances up to and including the discharge
flanges of the valves immediately downstream of the meter. The
parties agree that the RECIPIENT shall have reasonable
access to the metering facility, to all other Reclaimed Water
meters, check valves, and any other appurtenances thereto, to
verify flows, meter readings, meter calibrations, efficiency
of the check valves, and any other performance data necessary
to the operations of the Interconnection facility upon
reasonable advance notice to the Board. The metering device
shall be tested and calibrated, at BOARD's expense, at least
once per year and repaired if required. Any errors in meter
reading and any discrepancy in meter results from a true and
correct measure of Reclaimed Water flow to RECIPIENT shall be
adjusted properly and retroactively to reflect the flow to
RECIPIENT. Any incorrect metering device shall be repaired
forthwith by the BOARD.
1.12 This agreement has been duly authorized by all named
parties. Pursuant to Section 3 (C) of the Interlocal
Agreement dated December 26, 1974, between the City of Boynton
Beach and the City of Delray Beach, this Agreement and a21
provisions thereof have been contractually approved by a
majority vote of each City Council as the act of each City,
or, if such approval has not already been obtained, such
approval will be obtained and certified to RECIPIENT before
this Agreement shall become effective.
SECTION 2. Defini~ions. The parties agree that in construing
this Agreement, the following words, phrases and terms sha21
have the following meanings, unless the context requires
otherwise:
2.1 "Agreement" means this Agreement between BOARD and
RECIPIENT.
2.2 "FDEP" means the Florida Department of Envirormiental
Protection, and its successors.
2.3 "Fiscal Year"means October 1 to September 30 of the
following year.
2.4 "GPO" means gallons per day.
2.5 "Irrigation system" means those pump stations, lines,
pipes, sprinkler heads, ponds' and lakes, storage faci2ities,
if applicable, and pertinent equipment that are located on
RECIPIENT's property and used to store, spray and irrigate
with Reclaimed Water that has been treated in accordance with
12-5-95
REUSE/QUAILRIDGE/DELVERY.AGR
3
all applicable governmental regulations and in accordance wit],
the terms and provisions of this Agreement.
2.6 "MGD" means million gallons per day.
2.7 "Point of delivery" means the point at the meter
which divides the BOARD's wastewater facilities from the
RECIPIENT's irrigation system, or as otherwise noted on
engineering drawings approved by both parties.
2.8 "Reclaimed Water" means wastewater that has been
treated in accordance with Section 3.4 of this Agreement.
2.9 "Reclaimed Water Disposal Facilities" means those
facili ties necessary for the storage, if applicable,
transportation and disposal of wastewater previously treated
in accordance with applicable local, state and federal
standards and limitation at the plant to the standard of
Reclaimed Water. These facilities include, but are not limited
to, any Reclaimed Water transmission facilities, irrigation
systems and storage facilities, if applicable.
2.10 "Reclaimed Water Transmission Facilities" means the
BOARD's facilities used to transmit Reclaimed Water.
2.11 "Storage Pacilities" means those facilities which may
be designed, permitted and constructed on the Property, if
applicable, or upon the BOARD's property, if applicable, and
which are necessary to store and hold Reclaimed Water in a
manner that complies with regulatpry requirements.
2.12 "Wastewater" means the product received by the
'wastewater treatment facility for treatment.
. 2.13 "Wastewater Facilities" means the BOARD's plant
located at 1801 North Congress Avenue, Oelray Beach, Florida,
and Reclaimed Water transmission facilities, including all
interceptors, lines, pipes, meters, cOuplings, pumps, force
mains, and appurtenant equipment necessary to treat and
transmit the Reclaimed Water.
SEC~ON 3. Grant of License and Easement. RECIPIENT hereby
grants to BOARD an easement over the Property, including a 15
foot utility easement to be mutually agreed upon and located
in:::the approximate location depicted on Exhibit "C" attached
hereto, to allow construction, operation, maintenance and
repair of the BOARD's Reclaimed Water transmission main to
the point of delivery, and the right to transmit, deliver and
dispose of Reclaimed Water through the irrigation system and
storage facility, if appliCable, on the Property in accordance
with and subject to the following conditions:
12-5-95
RRUSE/QUAILRIDGR/DELVRRY.AGR
4
3.1 Desiqn and installation of Certain Facilities. BOARD
agrees to design, permit, install and operate improvements and
additions at its existing wastewater treatment plant, and the
BOARD's Reclaimed Water transmission facilities, and to Permit
effluent disposal facilities in order to provide Reclaimed
Water at the point of delivery. RECIPIENT agrees to design,
permit, install and operate, at its sole expense, any storage
facility, if applicable, and the irrigation system on the
Property up to the point of delivery.
3.2 Permits and Approval for the Irriqation SYstem.
Recipient shall be responsible, in cooperation with Board, for
obtaining and maintaining ~ecessary governmental permits and
approvals in order to install and operate the irrigation
system: provided, however, that Board shall be responsible
for 'obtaining and maintaining all permits for Reclaimed Water
disposal facilities. For all wastewater facilities located
on its side of the point of delivery, Board shall be solely
responsible for obtaining, compiling, providing and complying
with all monitoring, sampling, testing, and reporting
requirements for the Reclaimed Water, which may be imposed by
government law, rule, permit, or approval. Recipient shall
grant Board upon reasonable advance notice to RECIPIENT access
to the irrigation system as needed to assure continued
compliance with applicable laws and regulations, including,
but not limited to, any monitoring or testing requirements.
3.3 Delivery of Reclaimed Water. BOARD agrees to use its
best efforts to make available and deliver in the volume and
at the times requested, an annual volume of Reclaimed Water aT
at least 224 million gallons (MGY), with maximum volume any
one day up to but not to exceed 1,600,000 (700,000 and 900,000
for north and south connections, respectively) gallons per day
(GPD), at a rate of 3,333 (1,460 and 1,875 for north and south
connections, respectively) gallons per minute (GPM), for use
on the Property and, at its cost, to connect the BOARD's
Reclaimed Water transmission facilities to RECIPIENT's
irrigation system at the point(s) of delivery agreed upon and
as shown in Exhibit "C". Both RECIPIENT and BOARD recognize
that water supply and-demand will vary depending on a number
of f~ctors, primarily climatic conditions.
3.4 Duality of Reclaimed Water. BOARD shall make
ava.:Uable to RECIPIENT Reclaimed Water of a quality consistent
with the requirements of "public access" treatment levels as
set forth in Chapter 62-610, Florida Administrative Code, or
its successor Code provisions, or of a quality consistent with
more stringent requirements that may be . imposed by any
governmental agency having ju,risdiction and legal authority.
In recognition of the need to supply Reclaimed Water, the
BOARD shall also be required to comply with effluent
limitations set forth in Exhibit "D". All Reclaimed Water
12-5-95
REUSR/QUAILRIDGE/DELVERY.AGR
5
made available by BOARD under this Agreement shall, at a
minimum, have been treated by advanced treatment methods to
remoVe harmful levels of bacteria, viruses, and other
constituents Or Pollutants which could cOnstitute a danger to
human health, and in accordance with all applicahle federal,
s tate and local 1 aws , rules, regul a tions , polic i es ,
ordinances, resolutions, orders and pennits and the
requirements of Exhibit "D". BOARD shall prOvide Continuous
mpnitoring of chlorine and turbidity, as well as other
required ground and Surface water quality Sampling and
monitoring of Reclaimed Water as required by local, state and
federal regulations and by Exhibit "D". BOARD agrees to
divert away as expeditiously as POSSible, from the irrigation
system, any Reclaimed Water which does not Comply with the
terms and conditions of this Agreement Or which does not meet
the applicable state, federal Or lOcal laws and regulations
and to promptly and fUlly notify RECIPIENT of Such action.
Copies of all test results shall be available to RECIPIENT
upon request.
3.5 Minimum PurChase of Reclaimed Water b RECIPIENT.
Upon receipt of all necessary governmeutal permits and
approvals by all parties aud Completion of construction of
wastewater faCilities and ContinUing for so long as BOARD
complies with the requirements set fOrth in this Agreement,
RECIPIENT has an bbli gation to pay for at least.? 21 ",ill.;,on I To '" Il L , ~
gallons annually of Reclaimed Water for Spray irrigation on ~~
the Property, Subject to Conditions as set forth in Section.~~
3.3 of this Agreement. Notwithstanding anything to the '~^ f::,
Contrary, Recipient shall not be obligated to accept delivery ., ~
of or pay for Reclaimed Water which does not Comply with
the tenns and Conditions of this agreement. Such eXCeption to
RECIPIENT'S obligation to accept delivery of Such Reclaimed
Water by reason of the Board's failure to meet the water
quality standards required in this Agreement shall relieve
RECIPIENT of its obligation to Pay BOARD for the minimum
annual volume set forth above at the rates determined pursuant
to Paragraph 5 below only t9 the extent that the BOARD shall
not have made available to RECIPIENT Such annual minimum
volllme of Reclaimed Water meeting the requirements of this
Agreement through the~ompletion of the then current fiScal
year. Recipient shall not transfer the water provided by
Board' to any third party or off of the Recipient's property
which is the Subject of this agreement.
~ 3. 6 RECIPIENT shall be responsible for all maintenance of
water and its irrigation system on RECIPIENTS side of the
point(s) of ~elivery.
3.7 Nothing in this Agreement shall be construed to give
RECIPIENT any right. to the exclusive receipt of BOARD's
Reclaimed Water SUPply.
12-5-95
REUSEIQUAILRIDGE/DELVERV.AGR
6
3.8 The BOARD agrees that it will not enter into
contracts with other recipients of Reclaimed Water for more
than its daily supply capacity as the same exists from time to
time.
SECTION 4. Term and Fees
4.1 Term. The Easement and this Agreement shall be in
effect for a period of twenty. (20) years commencing on the
date of execution of this Agreement. The term of the Easement
and this Agreement shall be automatically extended for
successive periods of ten (10) years- each, upon the same terms
and conditions as herein provided, unless either party hereto
notifies the other by certified mail at least three years
prior to the expiration of the initial term of this Agreement
or any renewal thereof, that this Agreement shall not be so
extended.
4.2 PaYment of Fees. In return for and in consideration
of BOARD's construction of faciliti~s and delivery of
Reclaimed Water, RECIPIENT agrees to pay BOARD a one-time
connection fee of $8,600.00 ($4,300.00 each for north and
south connections) and a volume charge of 20e for each 1,000
gallons of Reclaimed Water used, (the "Volume Charge") but on
an annual basis not less than the above rate times the minimum
quantity RECIPIENT has agreed to purchase under Section 3.5
together with a storage charge equal to 8e (the "Storage
Charge") for each 1,000 gallons of Reclaimed Water, the Volume
Charge for which is paid for by RECIPIENT, as provided above.
Such Storage Charge shall remain constant and shall not be'
adjusted during the term of this Agreement or any extension
hereof. Payment of the connection fee shall be in one lump
sum no later than the commencement of construction of the
modification to the BOARD's wastewater facilities for the
treatment and production of Reclainied Water. The Volume
Charge shall remain constant until the expiration of the
third (3) fiscal year from the commencement of pumping
(provided that if less than six (6) months expires between the
time BOARD commences or makes available delivery of Reclaimed
Water and the end of t}le first fiscal year, such first year
shall not count as the' first fiscal year), after which the
pric~~w~ll be redetermined as provided in Section 5. The
BOARD shall render billings to RECIPIENT for the volume charge
on ~.monthly basis for such applicable charges on the basis of
the-r;.:greater of the actual Reclaimed Water delivered or the
volume charge for 1/12th of the miniminn guaranteed annual
volume agreed to be accepted by RECIPIENT pursuant to Section
3.5 above; provided that RECIPIENT shall pay no more, on a
fiscal year basis, than (i) such minimum annual guaranteed
volume charge or (ii) charges for Reclaimed Water actually
accepted during the fiscal year, whichever is more.
12-5-95
RRUSE/QUAILRIDGR/DELVERY.AGR
7
4.3 In the event the BOARD shall not be able to deliver
Reclaimed Water in the minimum volume agreed to in Section 3.5
of this Agreement, as a result of its inability to do so and
through no action or inaction on the part of the RECIPIENT,
the RECIPIENT shall be entitled to a credit for such shortage
in the minimum agreed to volume (by a proportionate
reduction) .
SECTION 5. Future Adjustment of Price of ReclaLmed Water.
The Volume Charge shall be adjusted after the first three (3)
fiscal years as aforesaid upward or downward based on one-half
(~) of the year-to-year change in the actual operating Costs
of producing, metering and delivering Reclaimed Water from
effluent and transmitting it to the point of delivery for the
RECIPIENT as it relates to the preceding year's Volume Charge,
however, such Volume Charge shall never be less than 20c per
thousand gallons nor shall an increase be applied if the
actual operating costs shall be less than said 20c per
thousand gallons. The first such adjustment shall OCCUr
effective the first day of the fourth fiscal year following
the initial delivery of Reclaimed Water to RECIPIENT and
shall reflect one-half (I) the. relative increase or decrease
in actual operating costs incurred Py the BOARD during the
second fiscal year of delivery of Reclaimed Water to RECIPIENT
as compared to the third fiScal year and for each subsequent
year thereafter as compared to the previous year. The actual
operating cost and change therein shall be the basis for
determining the index for making the adjustments in the Volume
Charge. Actual operating costs ("Actual Operating Costs")
shall be determined in conformity with generally accepted
accounting principles consistently applied, except the
depreciation of plant and equipment and any other provision
for capital recovery, inCluding interest On long term debt,
shall not be included as operating costs, as Such costs are
properly allocable to wastewater customers~ Any increase or
decrease in the Volume Charge shall he determined as soon as
reasQnably practicable and shall be effective retroactive to
the scheduled date of adjustment and a sum due to the BOARD
as a result of the retroactive effect of such adjustment or
the credit due the RECIPIENT, if appliCable, shall be
reflected in the next billings regularly submjtted by BOARD to
RECIPIENT as provided in Subparagraph 5.4.
5. 1 BOARD personnel shall establish, or cause to be
est~blished, and maintain an accounting system in which such
current operating costs are recorded monthly in separate
accounts from sewage processing accounts. Costs shall be
recognized on a first-in first-out basis. The BOARD personnel
shall prepare and preserve any studies relating to the
allocation of operating costs on other than an actually
incurred basis. By way of example, the parties agree that all
Operating and maintenance costs of labor, chemicals and power,
12-5-95
RBUSB/QUAILRIDGE/DRLVERY.AGR
8
permits, regulatory requirements, legal, engineering,
administration, testing, meter calibration and contract
services may be allocated based on appropriate data or
studies. Such current operating costs shall be recorded on a
consistent basis from month to month and year to year, and the
total for each fiscal year shall be used to calculate a cost
per thousand gal-Ions of Reclaimed Water delivered beginning
with the second fiscal year after the plant starts to deliver
Reclaimed Water to RECIPIENT.
5.2 By way of example, if delivery begins on October 6,
1996, the third fiscal year thereafter would be October 1,
199B to September 30, 1999. Assume that the actual cost of
producing Reclaimed Water for the fiscal year October 1, 1997
through September 30, 199B was 21~. Further, aSsume that the
Actual Operating Cost of producing and delivering Reclaimed
Water to RECIPIENT during the second fiscal year to the end of
the third fiscal year (October 1, 1997, through September 30,
1999) increased from 21~ per thousand gallons to 23c per
thousand gallons. The index for increase would be calculated
by dividing the base cost of 21~ per'thousand gallons into
one-half (!) the 2~ increase in cost, resulting in an increase
of 4.76% to the previous years' Volume Charge of 20c per
thousand gallons for the fourth fiscal year, equal to 20.95~
per thousand gallons (j x 2 = 1 + 21~ = .0476, then 20c x
1.0476 = 20.95~).
5.3 As soon as reasonably practical, after each fiscal
year for which the contract price is subject to adjustment ,
the BOARD shall prepare a statement showing in reasonablE!
detail the actual operating costs to produce Reclaimed Water
from effluent for the latest two fiscal years. For each such
year, the statement shall also show (1) the number of gallons
in thousands of Reclaimed Water delivered to Reclaimed Water
users, (2) the cost per thousand gallons af Reclaimed Water
calculated by di~iding such.operating costs by such gallons,
(3) the calculation of the ratio of change in cost per
thousand gallons from the earlier year to the later year, and
(4) the calculation of the adjusted price for the later year.
This statement shall be deemed to be the responsibility of the
BOARD, and the BOARD's' Executive Director shall attest in
writ.tng,to the propriety of the costs and calculations shown
thereon.
.~.~. 5.4 By January 15 of each year, the BOARD'S Executive
Director shall submit to RECIPIENT th~ supplemental statement
set forth in the .preceding paragraph, together with the
attestation thereto by the BOARD. At the same time, the
BOARDS Executive Director shall submit to RECIPIENT a bill or
credi t showing ( 1) the amount paid by the RECIPIENT for
Reclaimed Water delivered in the Current fiscal year, (2)the
amount payable for Reclaimed Water delivered in the current
12-5-95
RRUSR/QUAILRIDGR/DELVERy.AGR
9
fiscal year based on the adjusted price for the year as set
forth above, and (3)the difference. Any such difference shall
be either paid promptly by the RECIPIENT, or shown as a credit
in the next billing to the RECIPIENT.
5.5 For billing purposes only prior to the determination
of actual costs for adjusting the Volume Charge, during each
year subject to price adjustment, the BOARD may use a
tentative price per thousand gallons based on using budgeted
costs for the current year in the price adjustment calculation
set forth above.
5.6 RECIPIENT, at its own expense, has the option of
examining the financial statements, general books and related
records, and production records of the BOARD.
5.7 Notwithstanding the above provisions, the price paid
by the RECIPIENT for Reclaimed Water shall be adjusted
downward in the event the BOARD offers Reclaimed Water to any
other non-governmental cnstomer(s) upon substantially similar
terms and conditions for the same use.of the ReClaimed Water
at a lower charge than RECIPIENT is or will be paying under
this Section 5. Such downward adjustment shall be made to
guarantee RECIPIENT that no other user of Reclaimed Water for
similar purposes shall receive a more favorable charge than
will also be given to RECIPIENT under similar circumstances.
5.8 To the extent that the BOARD receives governmental
or environmental noncapital improvement subsidies which are
provided to the BOARD for encouraging wastewater reuse an,d
which are intended to be applied pursuant to the terms of such
grant or subsidy to the operational costs of the Reclaimed
Water facility, as Opposed to capital improvements or
expansion of such Reclaimed Water facility, the BOARD will
apply such funds, to the extent allowed,~to its Reclaimed
Water facility operating costs.
5 . 9 The parties to this Agreement agree and recognize
that RECIPIENT is under no legal or other obligation to enter
into this Ag+eement for reuse of wastewater. RECIPIENT
currently has operatIng permi ts from FDEP and the Water
Managem~nt District to pump surface and ground water for all
RECIPIENT'S irrigation needs and RECIPIENT'S costs to pump
this surface and ground water is substantially less than the
cha~ges RECIPIENT will pay for Reclaimed Water under this
Agreement. RECIPIENT'S only consideration and motivation to
enter into this Agreement is to insure sufficient irrigation
water by receiving its full allocation of Reclaimed Water on
demand in accordance with the rate and delivery conditions set
forth in this Agreement, free from adverse environmental or
climatic impact. RECIPIENT has determined that the benefits
of this Agreement are only marginally economically feasible.
12-5-95
REUSE/QUAILRIDGE/DELVERY.AGR
10
Therefore, if as a result of any action by the BOARD, the City
of Delray Beach or the City of Boynton Beach, RECIPIENT would
be required to pay charges in excess of those established
under Section 5, then RECIPIENT shall have the option of
canceling this Agreement upon sixty (60) days advance written
notice to the BOARD.
SECTION 6. Inspec~ion. BOARD shall have the right to enter
RECIPIENT's property, upon proper identification and at any
reasonable time, in order to inspect the irrigation system as
may be necessary or desirable for the operation, safety,
protection, or preservation thereof, to determine compliance
with any law, order or regulation of any governmental
authority having juriSdiction, and for sampling at any
monitoring wells located on the property. RECIPIENT shall have
the right to enter the BOARD's plant and properties and the
right of access to its wastewater facilities and records, at
any reasonable time, for the purpose of determining whether
the BOARD is in compliance with this Agreement.
SEC~ION 7. Assignments. This Agreement can be assigned by
RECIPIENT only with the prior written approval of BOARD, but
such approval shall not be unreasonably withheld, provided the
assignee shall assume this Agreement and shall demonstrate to
BOARD its financial ability to comply with the provisions
hereof.
SECTION 8. No~ices; Proper Form. Any notice required or
allowed to be delivered hereunder shall be in writing and
shall be deemed to be delivered when (1) hand delivered to the
official hereinafter designated, (2) upon receipt of such
notice when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed
to a party at the address set forth opposite the party' name
below, or at such other address as the" party shall have
specified by written notice to the other party delivered in
accordance herewith:
BOARD
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
Executive Director
1801 North Congress Avenue
Delray Beach, FL 33445
"
RECIPIENT
QUAIL RIDGE COUNTRY CLUB
C/O Club Manager
3715 Golf Road
Boyriton Beach, FL 33436
12-5-95
REUSEIQUAILRIDGR/DELVERY.AGR
11
COpy TO:
Boynton Beach City Manager
P.O. Box 310
Boynton Beach, FL 33425-0310
COpy TO:
Delray Beach City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
COpy TO:
Robert W. Federspiel, Esq.
501 East Atlantic Avenue
Delray Beach, FL 33483
SECTION 9. Notices; Default. Each of the parties hereto shall
give the other party written notice of. any defaults hereunder
and shall allow the defaulting party 30 days from the date of
receipt to cure such defaults, except failure to deliver water
on demand.
SECTION 10. Default by Either Party. If any party hereto fails
to perform or comply with. any of the conditions of this
Agreement, and if the nonperformance shall continue for a
period of thirty (30) days after the written notice thereof to
the non-performing party, or if the performance cannot be
reasonably completed within the 3D-day period, or if the nOh-
performing party does not in good faith commence performance
within the 30~day period and does not diligently proceed to
complete performance, the non-performing party shall be in
default or breach of this Agreement.
SECTION 11. Indemnification. In the event RECIPIENT shall fail
to comply with any reuse water rule or regulation of any
Federal, State or County or local agencies, except BOARD, or
violate any permit granted with regard to the use of the
irrigation system on the RECIPIENT's property, then RECIPIENT
shall. indemnify the BOARD, its officers, governing board,
employees and agents against all claims, demands, causes of
actions, suits, jUdgments, fines, penalties, or losses,
ing.luding all costs suffered or incurred by the BOARD by
reaSon of such failure. In the event the BOARD shall fail to
comply with any rule, regulation, order of any Federal, State
or County or local agency, or fail to deliver water meeting
the quality standards provided by this Agreement, then the
BOARD shall, to the extent allowed by law, indemnify the
RECIPIENT, its officers, board of directors, employees and
agents against all claims, demands, causes of actions, suits,
12-5-95
REUSEIQUAILRIDGE/DELVERy.AGR
12
judgments, penalties, fines, or losses suffered or incurred by
the RECIPIENT as reason of such failure.
SECTION 12. Remedies of Default. If either party hereto shall
be in default hereunder as set forth in Section 10, then the
other party shall have the following remedy: bring suit for
the breach which has occurred ~ithout affecting the
obligations of the party to perform the balance of the
Agreement. The parties shall have the right not only to
injunctive relief, but also to recover any damages which a
party may incur as a result of the breach of this Agreement by
the other party. The parties further agree that any litigation
shall be brought in Palm Beach County, Florida, only, and the
parties agree that the proper venue for any such action would
only be in Palm Beach County, Florida. The parties further
waive any right to Jury trial they may have in any action
among them involving this Agreement or the alleged breach
thereof.
SECTION 13. Disclaimers of Third Par~y Beneficiaries. This
Agreement is solely for the benefit of the formal parties
hereto and no right or cause of action shall accrue upon or by
reason hereof or to or from or for the benefit of any third
party not a formal party hereto.
SECTION 14. Severability. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity
or unenforceability shall not affect the other parts of this
Agreement.
SECTION 15. Applicable Law. This Agreement and the provisions
contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
SECTION 16. Entire Agreement. This agreement contains the
entire Agreement between the parties hereto with respect.to
this transaction and supersedes all prior negotiations and all
prior written or oral understandings.
SECTION 17. Amendments. This Agreement may only be amended,
supplemented or discharged by an instrument in writing signed
by all parties hereto.
SECTION 18. Recordation. This Agreement or a mutually
agr~eable memorandum thereof will be recorded in the public
records of Palm Beach County, Florida.
SECTION 19. Extent of Agreement. Each party shall advise the
other party, in writing, as to the status of its construction
document preparation and construction of. associated
improvements on a monthly basis -to ensure that both parties'
activities are progressing with reasonable diligence.
12-5-95
RRUSR/QUAILRIDGE/DELVERY.AGR
13
SECTION 20. Completion Date. The Board agrees to use its best
efforts have its Reclaimed Water facilities completed and
available for use for RECIPIENT and RECIPIENT agrees to use
its best efforts to have its Irrigation System complete and to
accept delivery of Reclaimed Water from the BOARD on or before
November I, 1997, subject to matters beyond the reasonable
control of either party.
SECTION 21. Cross-Connection. RECIPIENT desires to connect
its south course irrigation system with its north course
irrigation system, which will require crossing the Woolbright
Road and L-26 canal. In that the BOARD will also have to
cross both rights-of-way to connect its reclaimed water
transmission facilities to RECIPIENT's irrigation system, the
BOARD agrees to obtain a price from its Contractor for the
installation of such pipe for RECIPIENT. The RECIPIENT shall
then be authorized to either contract directly with the
BOARD's Contractor for such pipe installation or to obtain its
own contractor.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT
By:
.~
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Ch'al"rrilan
AND D I Sl~O-flAL BOARD
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ATTESTED BY:
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APPROVED AS TO FORM:j}
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Board ....Attorney
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QUAIL
/~;t /9 r
By:
AP:g~.OVE!l;_~1':.. -"'.' /.
. /-::fj..g~
I.. .~~""'~>t.____-
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C~~y 6f De&~ay Beach, Mayor
APP::;)F;:;z
City of Boynton ach, Mayor
12-5-95
REUSEIQUAILRIDGRIDELVERY.AGR
14
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
(To Be Provided By Recipient)
PLAT NO.2
BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF
SECTION 36, TOWNSHIP 45 SOUTH RANGE 42 EAST, PALM
BEACH COUNIT, FLORIDA
PLAT NO.3
BEING A SUBDIVISION OF A PORTION OF THE N 1/2 OF SECTION
36. TOWNSHIP 45 SOUTH, RANGE 42 EAST,
VlLLAGE OF GOLF AND PALM BEACH COUNTY, FLORIDA
PLAT NO. 3A
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 36, TOWNSHIP 45 SOUTH. RANGE 42 EAST. PALM
BEACH COUNTY, FLORIDA
PLAT NO.4
BEING A SUB.DIVISION. OF A PORTION OF THE N 1/2 OF SECTION
36, TOWNSHIP 45 SOUTH, RANGE 42 EAST. PALM BEACH
COUNTY. FLORIDA
, PLAT NO.5
BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF
SECTION 36, TOWNSHIP 45 SOUTH. RANGE 42 EAST AND A
PORTION OF THE NW 1/4 OF SECTION 31. TOWNSHIP 45 SOUTH.
RANGE 43 EAST PALM BEACH COUNTY. FLORIDA
PLAT NO. 6
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31. TOWNSHIP 45 SOUTH, RANGE 43 EAST. VILLAGE
OF GOLF AND PALM BEACH COUNIT. FLORIDA
PLAT NO. 7
BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF
OF SECTION 31, TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM
BEACH COUNTY, FLORIDA
Page 1 of 3 - Exhibit 'P
5/10/ l~
PLAT NO.8
BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-.HALF
OF SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO.9
BEING A SUBDIVISION OF A PORTION OF THE NORTH ONE-HALF
OF'SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO. 10
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH. RANGE 43 EAST AND A
PORTION OF THE NE 1/4 OF SECTION 36. TOWNSHIP 45 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA
PLAT NO. 11
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH, RANGE'43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO. 12
BEING A SUBDIVISION OF A PORTION OF THE NE 1/4 OF
SECTION 36, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA .
PLAT NO. 13
BEING A SUBDIVISION OF A PORTION OF THE NW 1/4 OF
SECTION 31, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA
PLAT NO. 14
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF TRACTS 105,
119, 120 AND PORTIONS OF TRACTS 73, 74,87,88, 106, 107, 117
:.:AND 118 PALM BEACH FARMS COMPANY PLAT NO.8, SECTION
30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PLAT BOOK 5, PAGE
73 AND OTHER LANDS
. PLAT NO. 15
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF PORTIONS OF
TRACTS 53, 54,75,76,85 AND 86 PALM BEACH FARMS
COMPANY PLAT NO.8, SECTION 30, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS
Page 2 of 3 - Ex
5/
PLAT NO. 16
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM
BEACH COUNTI. FLORIDA, BEING A RE-PLAT OF PORTIONS OF
TRACTS 73. 74, 75. 86. 87 A1\ID 88 PALM BEACH FARMS
COMPANY PLAT NO.8, SECTION 30. TOWNSHIP 45 SOUTH.
RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER LANDS
"'., PLAT NO. 17
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY. FLORIDA. BEING A RE-PLAT OF PORTIONS OF
TRACTS 85,86.87, 106. 107, 108. 117 AND 118 PALM BEACH
FARMS COMPANY PLAT NO.8. SECTION 30, TOWNSHIP 45
SOUTH. RANGE 43 EAST, PLAT BOOK 5, PAGE 73 AND OTHER
LANDS
PLAT NO. 18
IN SECTION 30, TOWNSHIP 45 SOUTH; RANGE 43 EAST. PALM
BEACH COUNTY, FLORIDA, BEING A RE-PLAT OF PORTIONS OF
TRACTS 51. 52,53,54,76.77.78. 84 AND 8 PALM BEACH
FARMS COMPANY PLAT NO.8. SECTION 30. TOWNSHIP 45
SOUTH, RANGE 43 EAST. PLAT BOOK 5, PAGE 73 AND OTHER
LANDS
PLAT NO. 19
IN SECTION 30. TOWNSHIP 45 SOUTH; RANGE 43 EAST, . PALM
BEACH COUNTY, FLORIDA. BEING A RE-PLAT OF TRACTS 19, 20.
45 AND 46 AND PORTIONS OF TRACTS 12. 13. 14,21, 43,44.5;1.,
52. 53 AND 54 PALM BEACH FARMS COMPANY PLAT NO.8.
SECTION 30. TOWNSHIP 45 SOUTH. RANGE 43 EAST, PLAT BOOK
5. PAGE 73 AND OTHER LANDS
PLAT NO. 20
IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM
BEACH COUNTY, FLORIDA. BEING A RE-PLAT OF TRACTS 22,41.
42.;.AND PORTIONS OF TRACTS 11. 12.21, 43.53,54.55 AND 56
PALM BEACH FARMS COMPANY PLAT NO.8. SECTION 30,
TOWNSHIP 45 SOUTH, RANGE 43 EAST. PLAT BOOK 5. PAGE 73
AND OTHER LANDS
PLAT NO. 21
IN SECTION 30. TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM
BEACH COUNTY. FLORIDA. BEING A RE-PLAT OF TRACTS 115,
116. 110. 109.83 AND PORTIONS OF TRACTS 117, 108.84. 85,
78.77.51 AND 52 PALM BEACH FARMS COMPANY PLAT NO.8,
SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PLAT BOOK
5. PAGE 73 AND OTHER LANDS
Page 3 of 3 - Exhibit
c;Il0/(
EXHIBIT B
OPERA TINe RESTRICTS
Recipienl shail maintain compliance with the fOllowing operating restrictions for protecting
human health, welfare and safely, and the environment
M
L TI,e public shall be notified of the Use of reclaimed waler by posting advisory signs, notes
on SCOre cards or other methods in accordance with Chap[er I 7 -{; 10.468 FA C.
L Direct connections between the reclaimed water syslem and irrigation water system shail
not be allOwed without the Use of appropriate backflow prevention devices.
3. No cross-connection 10 potable Water systems shall be allOwed.
4 All reclaimed Water valves and outlets sh(llJ be appropriately color coded and labeled in
accordance with Chapter 17-{;10.470 FAC to warn public and employees thaI the Water
is not intended for drinking.
5. Setback distances to POtable Water supply wells and the use of low trajeClory nozzles shall
be in accordance with Chapter 17-610.471 FAC
6 The use of reclaimed Water shall be consistent with all applicable fede.aL Siale, and local
laws and regulations.
"
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Exhibit B
January 1995
P.~ J of )
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EXHJBIT 0
Board s~1I monitor the redaimed Waler for the fOllowing parameters and agrees to diven reclaimed
watcr v.hich excceds the spccified limits.
EnClOSure 'I
Parameter Sampling Frequency Limirll~
T urbidiry Continuous 2 NTlJ
Chlorine Residual Cominuous I (minimum)
C~oride Continuous 350
CBOOf:'J Daily 20
TSS()1 Daily 5
pH Hourly 6 to 7_5 unitsl.5l
7.8units(61
Aluminum Annual l.0
Arsenic Annual O.lO
Be~'l/jum Annual O. ]0
Boron Annual 0.50
Cadmium Annual 0.01
Chromium Annual 0.1
Cobah Annual 0.05
Copper Annual 0.2
Fluoride Annual 1.0
Iron Annual 5.0
Le3d Annual 5.0
Lithit;m Annual 2.5
Manganese Annual 0.2
Molybdenium Annual 0.005
Nickel Annual 0.02
Selenium . Annual 0.02
Vanadium Annual 0.10
Zinc Annual 2~O
BicarbQnate (as CaCO) Annual 110
... "., (4)
Calcium Annual
Ma~esium Annual (4)
SodiutiJ Annual (4)
Sodium Adsomtion Ratio Annual 6 un its
(I)
Q)
(3)
(4)
(5J
(6)
Maximum concentration exp~ssed .in mgIL unless noted.
Carbonaceous Biochemical O":ygen Demand (CBOD).
TOlal Suspended Solids (TSS).
Jnfonnation used in calculation of Sodium Adsorption Ratio (SAR).
Daily average
2-Hour duration
W:'.7"7~\D;HIBIl.D
Exhibit D
January 1995
Pare t of I
VI.-CONSENT AGENDA
ITEM C.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 AprilS, 2005
0 April 19,2005
0 May 3, 2005
0 May 17,2005
o June 7, 2005
o June 21, 2005
o July 5, 2005
[8J July 19, 2005
March 14,2005 (Noon.)
April 4, 2005 (Noon)
April 18, 2005 (Noon)
May 2, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
[gI Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
May 16,2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
July 5, 2005 (Noon)
',-)
"-,' ,
0 Development Plans
0 New Business -1
0 Legal -0
0 Unfinished Business
0 Presentation Cj
G.J
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RECOMMENDATION:
Motion to approve the Winning Awards agreement between the City of Boynton Beach and Bell South.
EXPLANATION:
The promotion is available to existing Bellsouth business customers. Bellsouth provides local telephone service, voice and
data service including DSL and other telephony services to 13 locations throughout the city. The winning rewards program is
extended to the city to offset the cost of installation and other start-up cost for new services while applying a 15% savings
towards the monthly Bellsouth bill. No other carrier has this program as Bellsouth for the various integrated services.
PROGRAM IMPACT:
Reduction of monthly Bellsouth bill that averages $12,000-$16,000 monthly.
FISCAL IMPACT:
A 15% reward (credit) will be applied to the city's account, not to exceed $3750, installation charges will be waived and the
first month of monthly recurring charges will be waived, along with the 13th and 25th monthly recurring charges waived (not
to exceed $25,(00).
AL TERNAlIVES:
Do not enter"into thi. " agreement with Bell South and do not ,calize ~. ;,ubeated above.
1fifi ~ .
Department Head', Signatu .)/mt, C;ty Manage,', Signature
'\-- .~
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 AND AUTHORIZING THE APPROPRIATE CITY
6 OFFICIALS TO EXECUTE A BELLSOUTH BUSINESS
7 WINNING REWARDS PROMOTION TERM
8 AGREEMENT AND ADDENDUM TO OFFSET THE
9 COST OF INSTALLATION AND OTHER START-UP
10 COSTS FOR NEW SERVICES TO EXISTING
11 BELLSOUTH BUSINESS CUSTOMERS; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, the winning rewards program is extended to the City to offset the cost
15 of installation and other start-up costs for new services while applying a 15% savings towards
16 the monthly Bellsouth bill; and
17 WHEREAS, the City Commission of the City of Boynton Beach, upon
18 recommendation of staff, deems it to be in the best interests of the citizens and residents of the
19 City of Boynton Beach, to enter into an agreement and addendum thereto with Bellsouth for
20 its Business Winning Rewards Promotion to offset the cost of installation and other start-up
21 costs for new services while applying a 15% savings towards the monthly Bellsouth bill.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
24
25 ratified and confirmed by the City Commission.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 hereby approve and authorize the appropriate City officials to enter into an agreement
28 including the addendum attached thereto with Bellsouth for its Business Winning Rewards
29 Promotion to offset the cost of installation and other start-up costs for new services while
30 applying a 15% savings towards the monthly Bellsouth bill.
Section 3.
This Resolution shall become effective immediately upon passage.
31
32
33
S:\CA\RESO\Agreements\Bellsouth Winning Rewards.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22
23 City Clerk
24
25 (Corporate Seal)
PASSED AND ADOPTED this _ day of July, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Bellsouth Winning Rewards.doc
@ BELLSOUTH
BellSouth@ Business Winning Rewards Promotion(SM) Term Agreement
The undersigned Customer desires to participate in the BellSouth@ Business Winning Rewards Promotion (the "Promotion")
and agrees to the following:
1. Eligibility. This Promotion is available to new or existing BellSouth business customers, and existing BBWR or BellSouth@
Business Premium Rewards customers whose contracts expire within six (6) months of the execution of this Agreement, and who
subscribe to regulated services reported as such by BST in accordance with the FCC's Part 32 "Uniform System of Accounts"
("Regulated Services") in an aggregate monthly billing amount between seventy-five dollars ($75) and twenty-five thousand dollars
($25,000). Customer must also agree to a twenty-four (24) or thirty-six (36) month term. Regulated Services shall not include: Hunting
services, 911 services, BellSouth@ SMARTPath@ Service, services under Custom Service Arrangements (CSAs), and any services
enrolled in another BellSouth program or promotion except where expressly offered to BBWR customers.
2. Enrollment. By enrolling in the Promotion, Customer is eligible to receive "Monthly Rewards," "Hunting Rewards," and
"New Service Rewards," as those terms are defined below (collectively, "Rewards"), on the monthly recurring, non-recurring, and usage
charges up to $25,000 for Regulated Services billed to the Billed Telephone Numbers (BTNs) identified on the attached Enrollment
Form ("Monthly Billing") in accordance with the Term and Reward Schedule selected by Customer herein. Monthly Billing shall not
include taxes, late payment charges, charges billed pursuant to Federal or State Access Service Tariffs, and other charges collected on
behalf of municipalities (including, but not limited to surcharges for 911 service and dual party relay service) ("Excluded Charges").
3. Monthly Reward. If Customer's Monthly Billing meets or exceeds the selected Monthly Commitment Amount, Customer
will receive a monthly credit equal to a percentage of Customer's Monthly Billing in accordance with the Term and Rewards Schedule
selected by Customer ("Monthly Reward").
4. Hunting Reward. Customer will receive a monthly credit equal to a percentage of Customer's monthly charges (not
including Excluded Charges) for Hunting services that are billed to the Billed Telephone Numbers (BTNs) identified on the attached
Enrollment Form in accordance with the Term and Rewards Schedule selected by Customer ("Hunting Reward").
5. Annual Bonus Reward. If Customer's Monthly Billing aggregated over each 12-month period of the Term of this
Agreement ("Annual Billing") meets or exceeds the selected Annual Commitment Amount agreed to by Customer, Customer will
receive a one-time annual credit equal to a percentage of Customer's Annual Billing for that 12-month period in accordance with the
Term and Rewards Schedule selected by Customer ("Annual Bonus Reward").
6. New Service Reward. Customer will receive a waiver of installation charges and the waiver of the first month's monthly
recurring charges for all new Qualifying Services ordered during the Term of this Agreement ("New Service Reward"). "Qualifying
Services" are defined as: 1 FBs, Hunting, Custom Calling Features, PBX Trunks, BellSouth@ Centrex Service, BellSouth@ MegaLink
Services, BellSouth@ Primary Rate ISDN Service, BellSouth@ Frame Relay Service, and BellSouth@ CrisisLinksm Service (36-month
term only), that are not currently being subscribed to and are not subject to a Contract Service Arrangement or other program or
promotion. Qualifying Services will be provisioned pursuant to the terms and conditions set forth in the Company's lawfully filed tariffs.
7. Term. The term of this Agreement shall begin on the date of the first billing cycle following the date on which Customer
signs this Agreement in which Customer receives a Reward ("Enrollment Date") and shall extend for the term selected by Customer in
the Term and Rewards Schedule ('Term").
8. Reward Credits. Rewards will be applied as credits in the OC&C (Other Charges and Credits) section of the BellSouth bill
for the applicable BTNs enrolled in this Promotion. Monthly Rewards and Hunting Rewards should appear within 60 days of
implementation of this Agreement and New Service Rewards should appear within 60 days following installation of new Qualifying
Services. The Ann\lal Bonus Reward should appear within 60 days following the completion of each 12-month period for which
Customer is entitled to such Reward.
9. Taxes and Fees. Applicable taxes and fees will be based on the full retail price of all products and services that are billed.
No taxes or fees will be added to the Rewards given under this Promotion.
10. Termination. Should Customer terminate this Agreement without cause or all services with BellSouth covered by this
Promotion prior to the expiration of the selected Term, Customer must reimburse BellSouth for all Rewards received prior to the date of
such termination. These charges will appear on Customer's final bill as a charge in the OC&C section. The application of the charges
pursuant to this section shall not affect the application of applicable termination charges pursuant to the tariff or any other agreement.
07/2005 (C)
CONFJDENTlAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION
Page 1 of 2
CPG
<.....,."'...""..;>;..."'_..",........._~~~...',."~'""',,,....."""""''''''.,~.,^'
11. Customer agrees to the following Term and Reward Schedule. This offer is available until September 30, 2005:
0 Twenty-Four (24) Month Term 0 Thirty-six (36) Month Term
Monthly Reward: 10% 15%
Percentage of Monthly Billing if Customer bills (Not to exceed $2,500 per month) (Not to exceed $3, 750 per month)
Monthly Commitment Amount
Monthly Commitment Amount:
Minimum amount of Monthly Billing required $500 $500
to receive the Monthly Reward
Hunting Reward: 75% 100%
Percentage of monthly Hunting charges
Annual Bonus Reward: 3% 5%
Percentage of Annual Billing if Customer bills (Not to exceed $9,000 per year) (Not to exceed $15,000 per year)
Annual Commitment Amount
Annual Commitment Amount:
Percentage of Customer's annualized 90% 90%
Monthly Billing as calculated and agreed to
on the attached Enrollment Form
New Service Rewards: . Installation Charges Waived . Installation Charges Waived
For New Qualifying Services ordered during . First month's Monthly Recurring . First month's Monthly
the term of this Agreement Charges Waived Recurring Charges Waived
TERM AND REWARD SCHEDULE
12. This Agreement is subject to and controlled by the provisions of BellSouth's lawfully filed tariffs, including any changes
therein as may be made from time to time. Other restrictions may apply pursuant to the tariffs.
13. Customer and BellSouth acknowledge and agree that to the extent the services covered under this Agreement constitute
a "bundle or combination of products or services" under Tennessee Senate Bill 182/House Bill 593, effective June 1, 2005, all
references to "BeIlSouth's General Subscriber Services Tariff," "BellSouth tariffs," "BeIlSouth's lawfully filed tariffs" or any other
reference to BellSouth's tariffs on file with the Tennessee Regulatory Authority shall be deemed references to agreed contract terms
and conditions identical to those set forth in the applicable tariff(s) for the services included within the Subscriber's bundle or
combination, as such tariffs existed on May 31, 2005, and which are on file with the TRA. Such tariffs are incorporated herein bY
reference as if included fully herein and can be reviewed at http://www.bellsouth.com. To the extent there exist any discrepancies or
inconsistencies between the terms set forth in the body of this Agreement and those incorporated by reference, the terms set forth in
the body of this Agreement shall govern. Should Customer desire to purchase the telecommunications services included in such a
bundle or combination without additional products and services, they are available individually at prices posted on BellSouth's website
or previously filed with the TRA.
CUSTOMER:
By:
BELLSOUTH TELECOMMUNICATIONS
By: Bellsouth Business Systems, Inc.
Print Name:
By:
Title:
Print Name:
Date:
Title:
Business AddresS:
Date:
City/State:
Business Phone:
07/2005 (C)
CONFIDENTIAUPROPRIET ARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION
Page 2 of 2
CPG
Addendum to:
BellSouth@ Business Winning Rewards Promotion(SM) Term Agreement
Between BellSouth Business and City of Boynton Beach, FL.
Dated:
May 13, 2005
The following provision shall be added to the Agreement:
Customer is responsible for all applicable taxes and fees except those fees or taxes from which such entity is
exempt as evidenced by a properly completed tax exemption certificate to be supplied by Customer to Bel/South at
intervals required by the appropriate taxing authorities.
CUSTO~ER:
Company Name
BELLSOUTH TELECOMMUNICATIONS, INC.
By: BellSouth Business Systems, Inc.
By:
Print Name:
Title:
Date:
Business Address:
By:
Print Name:
Title:
Date:
City/State:
Business Phone:
>>
At a Glance
. BellSouth
appreciates your
business
. Who qualifies for
BellSouth' Business
Winning Rewards
Program
. Additional services
at a savings to you
. BeIlSouth is your
trusted source for
more secure,
relioble solutions
What are the benefits of using BellSouth
products and services for my business?
BellSouth" Business Winning Rewards'" Program provides rewards for using our
products and services to meet your business telecommunication needs..
Enhance Your BellSouth Service
The BellSouth Business Winning Rewards
Program gives you the perfect opportunity to
renew and enhance your BellSouth service.
Beginning December 8, 2003 through June 30,
2004, business customers who meet the
eligibility requirements for this program will
receive rewards and special offers. Here are the
qualifying products and services that are
eligible for the BellSouth Business Winning
Rewards Program:
. BellSouth'" Centrex Service
. BellSouth'" Frame Relay Service
. BellSouth'" Megalink'" Service
. Hunting
. lFB's
. BellSouth'" Channelized Megalink Service
. Custom Calling Features
. BellSouth'" Primary Rate ISDN (PRI)
. PBX Trunks
Depending on the product purchased and
contract length, new customers or existing
customers with new, qualifying services may
receive a one-time waiver of installation
charges and one month free service.
Guidelines for the BellSouth Business
Winning Rewards Program
We are offering the BellSouth Business Winning
Rewards Program to you because:
. You spend between $75 and $25,000 monthly
with BellSouth on regulated services.
. You have signed a 12,24 or 36.month
ag reement.
. You are not participating in any other
BellSouth reward.style program.
Because there are three kinds of term
commitments, 12, 24 or 36-months, BellSouth
Business Winning Rewards is also offering three
different rewards.
. For the 12-month agreement you will receive
5% off your monthly billing for regulated
services, not to exceed $1,250. This could
result in savings of more than $15,000 for the
term of the agreement. You will also receive
50% off any hunting charges.
. For the 24-month agreement you will receive
up to 10% off your monthly billing for
regulated services, not to exceed $2,500. This
could translate into savings of more than
$60,000 for the term of the agreement. You
will also receive 75% off any hunting charges.
For the 36-month agreement you will receive
up to 15% off your monthly billing for
regulated services, not to exceed $3,750.
These savings could be valued at more than
$135,000 over the term of the agreement. You
will also receive 100% off any hunting
charges - so, the longer you stay, the more
you save!
@ BELLSOUTH
listening. Answering.w
-- These services are
provided by
Bel/South long
Distance, Inc
All trademarks
contained herein are
the praperty of
BellSauth Intellectual
Praperty Corporation.
@2003 BellSouth
Corporation.
12/03 BB1899
What are the benefits of using BellSouth products and services for my business?
BeIlSouth". Business Winning Rewards Program provides rewards for usinc.j our products ond service';
to meet your business telecommunication needs.
Bel/South Sweetens the Deal
You have met the guidelines and are ready to
receive rewards for your current selection of
services from Bel/South - and the benefits don't
end here. We are providing you with the
opportunity to save money, expand your
telecommunications services and keep your
critical business communications with a trusted
source. As additional incentive to diversify and
expand your business telecommunications
portfolio with Bel/South, we invite you to try one
of these new services. Contact your account
representative to find out about special offers
on the fol/owing when you subscribe to the
Bel/South Business Winning Rewards Program:
. Bel/South'" Long Distance (LD) Service'
. Bel/South'" Dedicated Internet Access
(DIA) Service
. BellSouth'" Digital Subscriber Line (DSL) Service
. Cingular'" Service
Details about the Offer
As with all offers, there are guidelines and
general rules that must be followed to continue
receiving rewards for the Business Winning
Rewards program. Here are some of the key
guidelines for this program:
. Sign 12, 24 or 36-month term agreement.
. Reward appears monthly on the OC&C
section.
. This offer may not be combined or used
concurrently with any other reward programs
such as Bel/South Business Premium Rewards,
Key Customer, Volume and Term Agreements,
Contract Service Arrangements, Custom
Advantage and Optional Payment Plans for
Multi-line (Florida only).
. One contract per customer.
. Applicable taxes and fees will be based on
the ful/ retail/tariff price of 01/ products and
services and no taxes and fees wil/ be added
to the amount of any reward under this
6greement.
. Early termination charges apply.
. Eligible billing does not include taxes, late
payment charges, charges billed pursuant to
Federal or State Access Service Tariffs and
charges col/ected on behalf of municipalities
(including but not limited to surcharges for
911 service and dual party relay service).
Your Trusted Source
You can be secure in the knowledge that as
markets evolve and technologies change,
BellSouth continues to expand our breadth of
services to help you manage changes and
streamline your operations. Stay efficient and
competitive in these fast-moving markets with
more secure, reliable solutions you've come to
expect from Bel/South.
For more information regarding the Bel/South" Business Winningstv' Rewards
Program and our complete portfolio of products and services, please
contact your Bel/South account representative, or visit us online at
www.bellsouth.com/business
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM 0.1.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Fina] Form Must be Turned
in to City Clerk's Office
0 AprilS, 2005
0 April 19,2005
0 May 3,2005
0 May 17,2005 .
March 14,2005 (Noon.)
o June 7, 2005
o June 2], 2005
o July 5, 2005
fZI July 19,2005
May 16, 2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18,2005 (Noon)
June 20, 2005 (Noon)
May 2, 2005 (Noon)
Ju]y 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
fZI Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o UnfInished Business
o Presentation
RECOMMENDATION: Please place this request on the July 19, 2005 City Commission Agenda under Consent
Agenda. The Planning and Development Board recommended the subject be approved on June 28, 2005. For further details
pertaining to the request, see attached Department of Development Memorandum No. PZ 05-067
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park & Village South Commercial (1\1SPM 05-003)
Steve Fike, Olen Development
Quantum Park and Village, LLC
Southwest comer of Gateway Boulevard and High Ridge Road
Request for Master Site Plan ModifIcation approval for the construction of a mixed-use
development <:onsisting of an additional 115 multi-family dwelling units (for a total of
349 dwelling units) and 71,708 square feet of commercial/office space on a 26. I 65 acre
- Mixed Use POD in the Planned Industrial Development (PID) zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES, N/A I J /7
DOV~"O' ~igo.ture
l.rJ L L/
pfanning and Zo~ Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-001 south\MSPM 05-003 Commercial\Agenda Item Request Quantum Pk &
Village S Comm MSPM 05-003.7-1 9-05.dot
S:\BULLETrN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-067
STAFF REPORT
Chair and Members
Planning & Development Board and City Commission
Michael Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP
Planner
May 3, 2005
Quantum Park & Village South / MSPM 05-003
Master Site Plan Modification
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed uSes:
Acreage:
Adjacent Uses:
North:
South:
East:
PROJECT DESCRIPTION
Quantum Park & Village, LLC.
Olen Development
Mr. Steve Fike, Vice President of Construction / Olen Development
Southwest corner of Gateway Boulevard and High Ridge Road (see
Location Map - Exhibit "A'')
Industrial with a Mixed Use (MU) designation on the Quantum Park
Master Plan
Planned Industrial Development (PID)
115 Multi-family dwelling units and 71,708 square feet of commercial /
office space on the commercial component of the Quantum Park and
Village South Master Site Plan.
621,396 square feet (14.265 acres)
Right-of-way for Gateway Boulevard and farther north is vacant Quantum
Lots 83 - 85, zoned Planned Industrial Development (PID);
Quantum Park developed Lots 62, 66, 67-A, 67-B, and 67-C, zoned PID,
the Sand Pine Preserve and right-of-way for Quantum Lane;
Right-of-way for High Ridge Road and farther east are vacant Quantum
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 2
Lots 81 & 82, zoned PID; and
West:
Quantum Park Water Management Tract "Q"
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject major site plan modification were mailed a notice
of this request and its respective hearing dates. The applicant certifies that they posted signage and
mailed notices in accordance with Ordinance No. 04-007.
NATURE OF REQUEST
Mr. Steve Fike, Vice President of Construction for Olen Development, is requesting to modify the Master
Site Plan for Quantum Park & Village South. This development is located on the southwest corner of High
Ridge Road and Gateway Boulevard (see Exhibit "A" - Location Map). The specific request is to construct
115 dwelling units and 71,708 square feet of commercial area on the commercial "portion" of the master
site plan. This would result in a total of 349 dwelling units for the entire master site plan.
BACKGROUND! ANALYSIS
On September 3, 2002, the master site plan was approved for 234 rental apartments and 132,032 square
feet of commercial. It was also approved with six (6) waivers. Master site plan approval is valid
indefinitely per Chapter 2, Section 7.P.9 of the Land Development Regulations.
The Quantum Park & Village South master site plan is comprised of two (2) technical site plans, namely
Quantum Park & Village South Commercial (NWSP 03-004) and Quantum Park & Village South Residential
(NWSP 02-022). The residential component is also known as the third phase of Villas at Quantum Lakes.
Technical site plans on mixed use pods within Planned Industrial Developments do not require City
Commission review and approval provided that they are consistent with the master site plan. For this
project, both technical site plans were found to be consistent with the master site plan and were thus
approved administratively by staff. Review and approval of the residential technical site plan (NWSP 02-
022) was completed with the build-out oHhe Villas at Quantum Lakes apartment buildings. The technical
site plan for Quantum Park & Village South Commercial (NWSP 03-004) was originally approved for six (6)
commercial buildings for a total of 119,185 square feet. However, it was never built-out and new
modifications are currently being sought. The revised master site plan proposes dwelling units in lieu of a
portion of the commercial space originally planned. Both are permitted uses within mixed use pods of the
PID. However, these modifications represent a significant change to the technical site plan (NWSP 02-
022) and likewise, to the master site plan (SBMP 02-001).
Six (6) waivers were previously approved by the City Commission and are itemized on the master site plan.
The proposed changes to the commercial portion of the master plan do not impact any of the approved
waivers.
The master site plan tabular data shows the parking requirements as follows:
Commercial: 71,708 square feet @ 1/225
One bedroom: 143 units @ 1.5 spaces
Two bedrooms: 206 units @ 2 spaces
319 spaces
215 spaces
412 spaces
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 3
5% guest spaces for Villas at Quantum Lakes
19 spaces
965 spaces
The above referenced list indicates that 965 parking spaces are required. The master site plan would
provide a total of 1,037 parking spaces, or an excess of 72 parking spaces.
A surface water management system has served the Quantum Community Development District since
1989. The District has legal positive outfall to the Lake Worth Drainage District's E-4 Canal. The
stormwater runoff is discharged via an existing control structure. The proposed volume and rate of the
discharge would be controlled pursuant to the applicable permits. The subject property would connect to
the existing District system.
The master site plan's original traffic impact study was approved by the Traffic Division of Palm Beach
County on June 28, 2002. The master site plan was approved for 234 multi-family dwelling units, 82,260
square feet of general retail, and 32, 010 square feet of office. The revised study approved on August 19,
2002 included 136 multi-family dwelling units and 102,235 square feet of general retail. In February of
2005, Ordinance 05-013 for Development of Regional Impact (DRIA 05-001) was approved by the City
Commission to increase the maximum number of dwelling units allowable with Mixed Use pods (within the
entire Quantum Park DRI) from 1,000 units to 1,105 units. These additional units were earmarked, in
part, for this master site plan modification. Additional units are being earmarked for the "commercial"
component of this master site plan for Quantum Park & Village South. As such, a traffic impact statement
was submitted in conjunction with this request. Staff has received confirmation from the Traffic Division of
Palm Beach County that the proposed project is part of the previously approved Quantum DRJ, and
therefore, meets the Traffic Performance Standards of Palm Beach County. However, no building permits
are to be issued after the build-out date of 2007 ( see Exhibit "c" - Conditions of Approval).
Concurrency:
Traffic: A traffic generation statement, prepared by Pinder Troutman Consulting, Inc. was
sent to the Palm Beach County Traffic Division for concurrency review. Based on
their review, the Traffic Division determined that the proposed project is part of the
previously approved Quantum DRI, and therefore, meets the Traffic Performance
Standards (TPS) of Palm Beach County. However, no building permits are to be
issued by the City after the build-out date of 2007 (see Exhibit "CIt - Conditions of
Approval). The County traffic concurrency approval is subject to the Project
Aggregation Rules as set forth in the TPS Ordinance.
Utilities: Potable water and sanitary sewer / wastewater capacity is currently available to
serve this project, subject to the applicant making a firm reservation of capacity,
following approval of the site plan (see Exhibit "CIt - Conditions of Approval).
Fire I Police: Fire staff reviewed the site plan and determined that the Fire Department expects
to be able to maintain an adequate level of service for the subject project, with
current or anticipated staffing. Infrastructure requirements such as hydrants and
roadways will be addressed during plan reviews and permitting. It must be noted
however, that the project is in an area with significant growth in the past year.
Staff supports this project with the understanding that Fire Station No. 5 will be
available when these structures are ready for occupancy.
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 4
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review (see Exhibit "C" - Conditions of Approval).
School: The project requires confirmation from the School District of Palm Beach County
that adequate services are available to support the proposed project. Their
confirmation is require prior to the issuance of any building permits (see Exhibit "C"
- Conditions of Approval).
Driveways: Sheet SP-l shows the proposed layout of the drive aisles and parking areas. The
development fronts on Gateway Boulevard and would have three (3) access points
along that roadway. All would allow for ingress! egress. The western entrance
would have two (2) lanes each for ingress and egress, separated by an eight (B)
foot landscaped median. The center (main) entrance would also have two (2) lanes
each for ingress and egress, but separated by a 10-foot landscaped median. The
eastern entrance would have one (1) lane each for ingress and egress, separated
by a landscape median varying in width from 10 feet to 20 feet. In addition, an
entrance would be located on High Ridge Road. This entrance will have one lane
each for ingress and egress. These entrances are generally consistent with the
Quantum Park DRI Master Plan locations.
There are internal vehicular and pedestrian connections proposed between the
"commercial" and the "residential" portions of the development. Several vehicular
entrances are proposed to allow the residents to the commercial area. All drive
aisles would conform to Engineering standards.
Parking FaCility: Normally, the required parking for commercial ! retail uses are based on the
following methodology: one (1) parking space per 200 square feet of gross floor
area. Office uses generally require one (1) parking space per 300 square feet.
However, the Quantum Park and Village South Master Plan was approved with a
parking waiver to require one (1) parking space per 225 square feet of building
area for both commercial and office uses. The plan proposes a 71,70B square feet
of commercial! office area, which require 319 parking spaces. Also, 13 One-
bedroom units and 102 Two-bedroom units are proposed. The project requires a
total of 543 parking spaces. The site plan tabular data indicates that, within the
commercial component, 407 surface parking spaces and 234 garage spaces would
be provided, which would equal a total of 641 spaces, or an excess of 9B parking
spaces.
The four (4)-story condominium building, proposed along the west property line,
would require 64 spaces and its accompanying parking garage would provide a total
of 234 spaces, or an excess of 170 spaces. The parking garage would be two (2)
stories with parking on the roof. Three (3) mixed-use buildings are proposed along
the south property line. They would consist of 11 units each and therefore, (the
residential component) would require 66 parking spaces. Parking stalls are
proposed along the south property line. These stalls would be used exclusively for
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 5
the residents who would reside within these mixed-use buildings. The plan would
provide a total of 79 spaces or an excess of 13 spaces for the mixed-use buildings.
However, an apartment building is proposed at the southeast corner of the
property. The plans show it as a two (2)-story building with a mix of one and two-
bedroom units (a total of 18 dwelling units). As such, the building would therefore,
require 31 parking spaces. The plans provide eight (8) garage spaces and ten
surface parking spaces for a total of 18 spaces. The deficit in parking (for this
building) would draw from the 13 excess spaces provided near the mixed-use
buildings. Staff found this "shared" parking to be acceptable due to the close
proximity of the excess parking from the mixed-use buildings. Staff does not
anticipate a parking shortage for the rental units. The four (4) retail buildings
proposed along Gateway Boulevard and the commercial component of the
aforementioned mixed-use buildings would share the interior parking lot. The
proposed commercial/offices uses would require 319 parking spaces. The site
plan proposes 316 parking spaces. Again, staff does not anticipate a future parking
problem. The site plan complies with code and no variances or waivers are
required.
Landscaping:
The tree relocation plan (sheetT-1) indicates that site currently contains a variety
of native and exotic trees. The proposed construction would cause either
relocation or removal of certain trees, depending upon their current location,
health, and species. Basically, 42 trees would remain in their current location while
86 would be relocated elsewhere on-site. A total of 54 trees would ultimately be
removed. This process of tree removal/relocation would be overseen by the City
Forester / Environmentalist during the time of permitting.
According to the landscape plan, the commercial component would have 11
different categories of trees. The 11 categorIes are as follows: Accent palm,
Accent tree, Buffer tree, Flowering tree, Palm, Parking lot tree, Shade tree, and
Specimen palm. The landscape buffer along Gateway Boulevard would receive a
majority of the relocated Oak trees. According to Chapter 7.5 of the Land
Development Regulations, the maximum tree spacing along rights-of-way would be
30 feet. The distance between the trees would vary between 20 feet and 40 feet.
Therefore, staff recommends incorporating a cluster of three (3) native palm trees
into the design of the landscape buffer (along rights-of-way) within the areas
where the tree spacing distance is greater than 30 feet apart (see Exhibit "C"-
Conditions of Approval).
Foundation landscaping would occur around the front and sides of each multi-
family dwelling building in order to enhance the visual appearance of the building
and to promote privacy in accordance with Chapter 7.5, Article II, Section 5.L. of
the Land Development Regulations. However, no plant material is proposed along
the front (north) side of the mixed-use buildings. Therefore, staff recommends
installing either a landscape strip, potted plants, or a combination of both along the
front (north) side of the mixed-use buildings in order to enhance the appearance of
the commercial space (see Exhibit "c" - Conditions of Approval).
The landscape plan shows the detail of the Berm Cross Section (Garage) for the
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 6
proposed landscaping around the two (2) story parking garage. It shows palm
trees and relocated oak trees are proposed around the south and east sides of the
building. The berm would be 20 feet in width and generally occur on the
"residential" component of the Quantum Park and Village South Master Site Plan.
This is acceptable and meets the intent of the land Development Regulations in
terms of screening and buffering.
Building and Site: The subject property represents the "commercial" component of the Quantum Park
and Village South Master Site Plan. This plan proposes a four (4) story
condominium building at 45 feet in height with an accessory two (2) story parking
garage. The top of the decorative feature proposed for the garage would be 34
feet - two (2) inches in height. The condominium building would be setback over
40 feet from the west property line and 15 feet from the south property line. The
parking garage is proposed with a setback o.f five (5) feet - five (5) inches from the
south property line. A waiver was granted with the original approval of the Master
Site Plan which allowed a zero (0) side setback rather than the required 30 feet.
The parking spaces are proposed on the roof of the parking garage. Parked
vehicles would be screened by the parapet wall. The plan also proposes four (4)
retail buildings. The retail buildings would be one (1) story tall, with its decorative
features proposed at 39 feet - five (5) inches in height at the highest point. The
retail buildings would be setback 15 feet from the north property line. Again, a
waiver was granted with the original approval of the Master Site Plan which
allowed a 15-foot front building setback rather than the required 30-foot s~tback.
The three (3) mixed-use buildings would be two (2) stories tall, at 36 feet - three
(3) inches in height at its highest point. Front doors for the mixed-use buildings
would occur on both its front and rear facades. The entrance to the commercial
space would occur on the north facade while tl1e entrances to the dwelling units
would occur on the opposite fa~ade (south elevation). The mixed-use building
would be setback 64 feet from the south property line. lastly, a two (2) story
apartment building is proposed at 29 feet - four (4) inches in height at its highest
point. The apartment building would be setback 38 feet - two (2) inches from the
east property line and 26 feet from the north property line. All buildings would
comply with the maximum height allowed in the PID zoning district and the
setbacks (via waivers) approved with the Master Site Plan.
The tabular data indicates that 13 One-bedroom units and 102 Two-bedroom units
are proposed for a total of 115 dwelling units. Also, 71,708 square feet of
commercial! office space is proposed. However, the floor plans do not show the
breakdown between the uses. The traffic impact statement was approved for
14,342 square feet of general office and 57,366 square feet of general retail. The
project would therefore, be limited to 57,366 square feet of retail space. For all
intents and purposes, future restaurant space would be grouped within the retail
square footage (see Exhibit "c" - Conditions of Approval). All proposed uses are
permitted on Mixed-Use pods within the Quantum Park PID.
The applicant informed staff that the residents who would reside in the mixed-use
buildings and the two (2)-story apartment building would be allowed to utilize the
pool and recreation facilities that were constructed as part pf the Villas at Quantum
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 7
Lakes (also known as Quantum Park and Village South Residential). The four (4)-
story condominium building would have its own recreational facilities. Staff
typically endorses the idea of constructing a full-sized clubhouse facility that could
accommodate Homeowner Association meetings. No clubhouse is proposed.
However, the 2nd floor plan (sheet A-26) for the condominium building shows a
large "party room" that could provide the space for such meetings. The 3rd floor
plan (sheet A-27) of the condominium building shows a large room for
administrative offices. However, the site plan shows a hatched area proposed near
the condominium building that is earmarked for 2,000 square feet of future office.
This was not within the scope of this project and is not a part of this review (see
Exhibit "c" - Conditions of Approval).
Design:
The proposed development is designed as a mixed-use project with hints of new
urbanism principles. For example, the project proposes true mixed-use buildings
where commercial space is proposed on the ground floor and residential units are
proposed on the 2nd floor. These are not considered to be live-work units because
there would be no internal connection between the two occupancies. Live-work
units are not indicated on the list of permitted uses in the Quantum Park DR!.
Also, the retail buildings proposed along Gateway Boulevard would be located close
to the right-of-way while its parking areas would be relegated to the rear of the
buildings. This concept invites pedestrian traffic and gathering areas in front of the
buildings rather than the typical sea of asphalt that occurs in most suburban
projects.
The project proposes a modern Spanish-Mediterranean architectural theme
throughout all of its buildings. This building style would be consistent with the
"residential" component (Villas at Quantum Lakes) of the Master Site Plan. Also,
the project proposes a multitude of earth tone colors of Benjamin-Moore paints.
The proposed colors are indicated on the ledger-sized Color Schedule. These colors
are consistent with the elevation pages. Each building would be enhanced with
decorative towers and pre-cast coping I banding on the parapet walls. Also, retail
buildings would have varying heights of the parapet walls. Other decorative
features include the following: decorative stucco trim, railing, pre-cast inserts,
decorative keystone, medallions, and decorative grille. Any awnings, if proposed
on the buildings, would be manufactured by Glen Raven and generally placed over
windows and doorways. Three (3) awning colors are proposed: off-white (Natural
4604-46), beige (Oyster 4642), and red (Jockey Red 4603-46).
The applicant submitted photometric plans with this modification. The plans
propose Sternberg "Boston 5800" light poles as its freestanding outdoor lighting
fixtures. The actual light on top of the pole would be Sternberg's decorative model
(Ripon-A). The l4-foot poles are proposed south of the mixed-use buildings near
the residential areas and l8-foot tall poles, proposed within the interior parking lot.
Wall sconces would also be used throughout the development.
Signage:
The front (north) elevations of the retail buildings and mixed-use buildings show
the location of the proposed tenant signs. However, they do not indicate their size,
material, or color. Staff cannot determine whether or not these signs meet code.
Staff Report - Quantum Park & Village South (MSPM 05-003)
Memorandum No PZ 05-067
Page 8
Therefore, -staff recommends that the applicant submit a sign program during the
time of permitting. The sign program would apply to the entire development (see
Exhibit "c" - Conditions of Approval). A sign program ensures both material and
aesthetic consistency for the project's signage.
A detail of a typical project development sign is shown on sheet A- 37. It shows
that it would be a decorative monument-style sign but the detail does not indicate
the sign type, materials used, or proposed sign age area. Again, these signs would
be a component of the sign program. The site plan shows that they are proposed
at only one (1) entrance. It is likely however, that in the future, the applicant
would subsequently request additional monument signs as part of their sign
program. Regardless, the structures would have to be at least 10 feet from the
property line with colorful groundcover plants installed at their base. They would
require Quantum Park Architectural Review Committee review and approval.
RECOMMENDATION:
Staff has reviewed this request for master site plan modification and is recommending approval,
contingent upon satisfying all conditions indicated in Exhibit "C" - Conditions of Approval. Any additional
conditions recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-001 south\MSPM 05-003 Commercial\Staff Report.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Vice Chair Hay inquired about the new Commission process. Mr. Rumpf explained the
Commission would like to conduct a preliminary review of code amendments proposed
by staff or an outside party. An ordinance is being drafted that would increase the
notification requirements and this would be pre-reviewed by the Commission before
coming to this Board. This would provide the Commission an opportunity to express any
comments or issues they may have regarding code amendments.
Ms. Jaskiewicz inquired if the Commission could deny a request before it goes to the
Boards. Mr. Rumpf thought this could be possible. Currently code amendments can be
initiated several ways. However, there is no formal review process or requirements for
public notification on anything except for a change in zoning use. If a request for a
change in zoning use is made, State law provides minimum notification requirements
and how many public hearings must be held. There are no other parameters in terms of
public hearing notification.
Mr. Casaine inquired if the Commission would make any recommendations or reports
after they review the code amendments to the Planning and Development Board. Mr.
Rumpf stated any pertinent information given to staff would be provided to the Board in
the staff report.
Chairman Wische requested that Item 7.E.1. be heard with the other Knollwood items.
Members agreed to this change by consensus.
Assistant City Attorney Tolces administered the oath to all persons who would be
testifying.
6. Unfinished Business:
A. Master Site Plan Modification
1.
Project:
Agent:
Owner:
Location:
Quantum Park & Village South Commercial
(MSPM 05-003)
Steve Fike, Olen Development
Quantum Park and Village, LLC
Southwest corner of Gateway Boulevard and High
Ridge Road
Description: Request for Master Site Plan Modification approval for
the construction of a mixed-use development
consisting of an additional 115 multi-family dwelling
units (for a total of 349 dwelling units) and 71,708
square feet of commercial/office space on a 26.165
acre - Mixed Use POD in the Planned Industrial
Development (PID) zoning district.
Steve Fike, 697 Manatee Bay Drive, Boynton Beach, was present on behalf of the
applicant. Chairman Wische noted there were 54 staff comments and asked the
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
applicant to address only those comments needing clarification or which they objected
to. Mr. Fike stated they accepted all staff comments, except for Comment #43. that
refers to a 2,000 square foot office building that is not part of the project at this time
Eric Johnson, Planner explained the 2,000 square foot office building is not part of the
site plan because it had been omitted from all other site plan information. If the applicant
wants to build the small office building in the future, staff would review it at that time. In
all likelihood, this would be done administratively only. If the Board and the City
Commission approve the project, the applicant could then submit plans for permits. If
the applicant at that time wanted to include the small building, they would have to go
through the staff process for approval. Chairman Wische pointed out this information
was cont~ined in the agenda packet.
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Vice Chair Hay asked if Fire Station #5 was on schedule' for completion due to the large
amount of people moving into this area. Mr. Johnson did not have this information
available. Chairman Wische pointed out there was a memo in the backup material
indicating the fire station would have to be ready. Vice Chair Hay noted this was stated
on Page 3 under "Fire/Police."
Mr. Rumpf responded the Emergency Services Division is very hopeful the station
would be on line. However, there is no legal mandate that requires this type of service
to be under construction, let, etc. by the time a permit is issued. Mr. Rumpf felt if there
were a serious service problem, staff would have been made aware of it.
Ms. Jaskiewicz asked the applicant when the project would be completed. Mr. Fike
responded approximately two and one-half years from the time of permit.
Motion
Vice Chair Hay moved to approve the request for Master Site Plan Modification
approval for the construction of a 'mixed-use development consisting of an additional
115 multi-family dwelling units (for a total of 349 dwellihg units) and 71,708 square feet
of commerciaVoffice space on a 26.165 acre - Mixed Use POD in the Planned Industrial
Development (PID) zoning district, subject to all staff comments. Motion seconded by
Mr. Baldwin and carried 6-1 (Ms. Jaskiewicz dissenting).
7. New Business
A. Annexation
1.
Project:
Agent:
Owner:
Knollwood II (ANEX 05-002)
Chip Bryan, Julian Bryan & Associates, Inc.
Zygmunt Jadczak
4
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Conditions of Approval
Project name: Quantum Park & Village South Commercial
File number: MSPM 05-003
Reference: 2nd review plans identified as a Master Site Plan Modification with a February 2. 2005 Planning
and Zoning Department date stamp marking.
,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. The proposed landscape plan does not contain enough information to X
determine if any vertical conflicts may exist for dumpster enclosures and/or
Solid Waste truck movements. Please provide this information at the time of
permitting.
PUBLIC WORKS - Traffic
Comments:
2. Close the south driveway for this development to residential traffic. Provide a X
gate, equipped and signed appropriately, to allow emergency access only.
The approach may be constructed of stabilized sod to visually discourage
residents from attempting to utilize this access point.
ENGINEERING DIVISION
Comments:
3. Show proposed site lighting on the Site and Landscape plans (LDR, Chapter X
4, Section 7.B.4.) The lighting levels shown along the south boundary seem
too high to be adjacent to residential. Please re-evaluate lighting in this area.
4. It may be necessary to replace or relocate large canopy trees adjacent to light X
fixtures to eliminate future shadowing on the parking surface (LDR, Chapter
23, Article II, Section A.1.b).
~
5. Full drainage plans including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5, will be required at the time of
permitting.
6. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
grate, rim and invert elevations for all structures. Indicate grade of storm
sewer segments. Indicate material specifications for storm sewer.
7. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
COA.doc
06/17/05
2
t !
DEP ARTMENTS INCLUDE REJECT
UTILITIES
Conunents:
8. At the time of permitting, please provide a timeline that clearly illustrates X
when water and sewer services will be required to serve the proposed project.
Your starting date for the time line should be the date of City Conunission
approval. Also provide milestone dates for permit application, the start of
construction, and the setting of the first water meter. This time line will be
used to determine the adequacy of water and wastewater treatment capacity
for your project upon the project's completion, so please be as accurate as
possible.
9. At the time of permitting, all utility easements and utility lines shall be shown X
on the Site plan and Landscape plans (as well as the Water and Sewer Plans)
so that we may determine which appurtenances, trees or shrubbery may
interfere with utilities. In general, palm trees will be the only tree species
allowed within utility easements. Canopy trees may be planted outside of the
easement so that roots and branches will not impact those utilities within the
easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section
18.1 gives public utilities the authority to remove any trees that interfere with
utility services, either in utility easements or public rights-of-way.
10. At the time of permitting, Palm Beach County Health Department permits X
will be required for the water and sewer systems serving this project (CODE,
Section 26-12).
11. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of Site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
12. A builqing permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
13. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Conunents:
COA.doc
06/17/05
3
i
DEPARTMENTS INCLUDE REJECT
14. Site addresses shall be placed conspicuously on the front of the structure, so X
the numbers can be seen plainly Site addresses shall be placed conspicuously
on the front of the structure, so the numbers can be from the street. Numbers
used for residences shall be not less than four inches in height and shall be
made of a durable and visible material. Numbers used for commercial and
industrial buildings shall not be less than six inches in height. (City
Ordinance Chapter 20 Section 16.).
15. Emergency access shall be provided at the start ofa project and be maintained X
throughout construction per the Florida Fire Prevention Code, Section 3-5,
and NFPA 241, (I 996) Safeguarding Construction, Alteration, and
Demolition Operations, Section 5-4.3.
16. Fences and gates shall meet City Ordinance 98-45,2,12-1-98; Available at X
Fire Marshal's Office (Plans Review).
17. Prior to Fire Department inspections, new construction projects must provide X
the results of a hydrant flow test indicating a fire flow not less that 1,500
gallons per minute @ 20 p.s.i. above domestic use. This applies to new or
existing hydrants within the required 200 feet of the facility. All fire hydrants
shall be operational before construction begins in the area the hydrants cover.
18. All buildings three (3) stories or 30 feet in height shall have an automatic fire X
sprinkler system Chapter 9, Sec 7-2-2Al City Ordinance.
POLICE
Comments: None X
BUILDING DIVISION
Comments: .
19. The height and area for buildings or Structures of the different types of X
const~tion shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 500 of the 2001
FBC.
X
20. Every exterior wall within 15 feet of a property line shall be equipped with
approved opening protectives per 2001 FBC, Section 705.1.1.2.
21. Buildings, structures aftd parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
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DEPARTMENTS INCLUDE REJECT
22. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (psf) on the plans for the building design.
23. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
24. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within
the covered dwelling unit shall comply.
25. Verify that the proposed elevation is in compliance with regulations of the X
code by adding specifications to the site data that address the following
Issues:
a. The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _' _ NGVD
is above the highest 100-year base flood elevation applicable to the
building site, as determined by the SFWMD's surface water management
construction development regulations."
b. From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base
flood elevation. If there is no base flood elevation, indicate that on the
plans.
26. As required by the CBBCO, Part III titled "Land Development Regulations", X
submit a site plan that clearly depicts the setback dimensions from each
property line to the leading edge of the buildings. The leading edge of the
buildings begins at the closest point of the overhang or canopy to the property
line. In addition, show the distance between all the buildings on all sides.
27. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, th~refore, be used for landscape irrigation where other sources are readily
available.
28. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. If the project is a multi-family project, the building numberls must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. The total amount paid and itemized into how much is for water and how
much is for sewer.
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DEPARTMENTS INCLUDE REJECT
(CBBCO, Chapter 26, Article II, Sections 26-34)
29. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract. The recorded
deed shall be submitted at time of permit review.
30. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building numberls must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(t))
31. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
32. The full address of the project shall be submitted with the construction X
documents at the time of permit appli<?ation submittal. If the project is multi-
family, tqen all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
~
33. Van accessible parking is required in the garage per the 2001 FBC, Section X
Il-4.1.2(5)(b ).
34. CBBCO, Section 9-6(A)(4), requires all buildings or structures in excess of X
12,000 square feet per floor area to be equipped with an approved automatic
fire sprinkler system.
35. The residential condo building shall comply with the Fair Housing Act. All X
the dwelling units shall comply.
PARKS AND RECREATION
Comments:
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DEPARTMENTS
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INCLUDE REJECT
36. Irrigation must cover 110 % of area. At the time of permitting, the required X
irrigation shall be shown on irrigation plans and notes.
37. The recreation impact fee is required as follows: X
115 multi-family dwelling units ~ 656 each = $75,440.00
FORESTER/ENVIRONMENTALIST
Comments:
38. The applicant should clearly identify all of the landscape improvements X
shown on the landscape plan.
PLANNING AND ZONING
Comments:
39. A traffic generation statement, prepared by Pinder Troutman Consulting, Inc. X
was sent to the Palm Beach County Traffic Division for concurrency review.
Based on their review, the Traffic Division determined that the proposed
project is part of the previously approved Quantum DRI, and therefore, meets
the Traffic Performance Standards (TPS) of Palm Beach County. However,
no building permits are to be issued for this particular project by the City after
the build-out date of 2007 unless an updated traffic statement is received and
approved by the County that extends the build-out date.
40. The traffic impact statement was approved for 14,342 square feet of general X
office and 57,366 square feet of general retail. The project would therefore,
be limited to 57,366 square feet of retail space or be subsequently amended
pursuant to the provisions allowed for Mixed-Use pods in the Planned
Industrial Development (PID) zoning district, Chapter 2, Section 7.P.4 of the
Land :Development Regulations. For all intents and purposes, future
restaur~nt space would be grouped within the retail square footage.
41. The project must obtain approval from the School District of Palm Beach
County regarding school concurrency. This will be required prior to issuance
of any building permits.
42. The Quantum Community Development District (QCDD) or its designee X
shall provide the applicant with an updated letter giving consent to allow the
proposed gazebo to extend in Tract "Q", prior to the issuance of a building
permit.
43. The site plan shows a hatched area proposed near the condominium building X
that is earmarked for 2,000 square feet of future office. This was not within
the scope of this proiect and is not a part of this review. Eliminate this from
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DEPARTMENTS INCLUDE REJECT
the drawings at the time of permitting to maintain consistency between the
plans.
44. Incomplete signage is shown on the elevations. All elevations must show the X
proposed signage area and be consistent with the master sign program from
Quantum Park. Staff recommends that you submit a master sign program that
shows the number, location, dimensions, exterior finish, and color(s) of all
wall signs and freestanding signs (Chapter 2, Section 5.H.9.). The sign
program would require Quantum Park Architectural Review Committee
(ARC) review and approval.
45. Add more trees around the parking garage. These trees shall be planted a X
minimum of \;2 building height at time of planting (Chapter 7.5,. Article II,
Section 5.M.).
46. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X
inches in spread, and planted with tip-to-tip spacing measured immediately
after planting to adequately cover the planted areas on the site (Chapter 7.5,
Article II, Section 5.CA.).
47. Foundation landscaping shall be required in the front and side of each multi- X
family dwelling in order to enhance the visual appearance of the building and
to promote privacy (Chapter 7.5, Article II, Section 5.L.). This would apply
to the four (4)-story condominium building as well as the mixed-use and
apartment buildings.
48. Landscaping at project entrances shall contain a signature tree at both siOes of X
the entrance (Chapter 7.5, Article II, Section 5.N.). A signature tree is a tree
with blossoms or natural color other than green intended to beautifY project
entrances and contribute to the city's image with this element of aesthetic
conformity. Signatures trees include Yellow Elder, Tibouchina Granulosa,
and Bougainvillea. Note that signature trees do not contribute toward the
total number of required perimeter trees. Signature trees must have 6 feet of
clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2,
Section 5.N.). At the time of permitting, revise plans to include signature
trees at each project entrance (along the rights-of-way).
49. All freestanding monument signs shall have colorful groundcover installed at X
the base (Chapter 7.5, Article II, Section 5.0). Revise landscape plans at the
time of permitting.
50. Provide a detail sheet depicting the previously approved landscape berm X
along the south side of the Mixed Use Buildings, and how it is being treated
with the new roadway penetrations into the residential development to the
south.
51. At the time of permitting, provide greater detail of Gateway Boulevard X
reflecting the proposed six (6) lane cross-section, including its proximity to
your property line, the sidewalk location, perimeter landscaping and location,
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DEPARTMENTS INCLUDE REJECT
potential modification and landscaping of the medians.
52. The landscape plan (sheet L-l of 3) does not show the entire sidewalk along X
Gateway Boulevard. These plans will have to match the civil drawings that
show the required sidewalk. At the time of permitting, revise landscape plans
to show sidewalk. Also, any landscape material proposed outside the
property line and within the road right-of-way will require the Engineering
Division review and approval. This landscape material cannot be counted
within the proposed landscape plan's tabular data. Revise plans accordingly
at the time of permitting.
53. Staff recommends incorporating a cluster of three (3) native palm trees into X
the design of the landscape buffer (along rights-of-way) within the areas
where the tree spacing distance is greater than 30 feet apart (Chapter 7.5,
Article II, Section 5.D.).
54. Staff recommends installing a landscape strip, potted plants, or a combination X
of both along the front (north) side of the mixed-use buildings in order to
enhance the appearance of the commercial space.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
55. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
56. To be determined.
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-001 south\MSPM 05-003 Commercial\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park & Village South Commercial (MSPM 05-003)
APPLICANT'S AGENT: Mr. Steve Fike, Vice President of Construction / Olen Development
APPLICANT'S ADDRESS: 1062 Coral Ridge Drive, Coral Springs, FL 33071
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 19,2005
TYPE OF RELIEF SOUGHT: Request master site plan modification approval for the construction of a
mixed-use development consisting of 115 dwelling units and 71,708
square feet of commercial/office space on the commercial component
of the Quantum Park and Village South Master Site Plan, totaling 14.265
acres in the PID zoning district.
LOCATION OF PROPERTY: Southwest corner of Gateway Boulevard and High Ridge Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHAREDlWP\PROJECTS\Quantum Park & Village\SBMP 02-001 SQuth\MSPM 05-003 Commercia/\DO.doc
'.~.' . .'r '(:).~' '. '........
~ . .
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J~_<t-~' ?-~:8 - --- --on::;'-
VI.-CONSENT AGENDA
ITEM 0.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City COIlDTIission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19,2005 April 4, 2005 (Noon) 0 June 2 1,2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) [8J July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF [8J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 19,2005 City Connnission Agenda under Consent
Agenda. The Planning and Development Board recommended that the subject request be approved on June 28, 2005, subject
to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 05-099.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Arbolata (a.k.a. Carriage Pointe) (MSPM 05-005)
Derek Acree, Lennar Homes
Lennar Homes
Southeast comer of Congress and SW 35th Avenue
Request for .t:v1ajor Site Plan Modification to construct a recreation area for an approved
town home project, to include a pool, cabana/pavilion and play area with multi-activity play
apparatus.
-,
Developm t Depa
PI~ :Idling Director City Attorney / Finance / Human Resources
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Arbolata Townhomes\MSPM 05-006\Agenda Item Request Arbolata.aka Carriage Pointe MSPM 05-006
7 - 19-05 .dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-099
STAFF REPORT
Chair and Members
Planning & Development Board and City Commission
Michael RU~
Planning and Zoning Director
Ed Breese ~
Principal Planner
June 10, 2005
Carriage Pointe (fka Arbolata Townhomes)/ MSPM 05-006
Major Site Plan Modification
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
PROJECT DESCRIPTION
Lennar Homes
Derek Acree of Lennar Homes
Derek Acree of Lennar Homes
Southeast corner of South Congress Avenue and Southwest 35th Avenue
(see Location Map - Exhibit "AfT)
High Density Residential (HDR)
Planned Unit Development (PUD)
Recreation area for 158 townhome development
16.087 acres total (0.45 acre recreation area)
Right-of-way of SW 35th Avenue then developed property (Guardian Self-
storage and Sterling Records Storage) designated Industrial (I) land use
and zoned M-l Industrial;
Right-of-way for the Lake Worth Drainage District L-28 (lateral) Canal,
then developed properties, containing a variety of industrial uses,
designated Industrial (I) land use and zoned M-l Industrial;
Developed County-owned recreation facility (Caloosa Park) designated
Recreational (R) land use and zoned REC Recreation; and
Staff Report - Carriage Pointe - fka Arbolata Townhomes (MSPM 05-006)
Memorandum No PZ 05-099
Page 2
West:
Right-of-way for South Congress Avenue, then developed residential
property (Isles of Hunter's Run) designated Low Density Residential (LDR)
land use at a density of 4.84 dulac, and zoned PUD Planned Unit
Development.
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject major site plan modification were mailed a notice
of this request and its respective hearing dates. The applicant certifies that they posted signage and
mailed notices in accordance with Ordinance No. 04-007.
BACKGROUND
Proposal:
Mr. Derek Acree is requesting approval of the recreation area, which was depicted
as a blank parcel within the original approval of the Arbolata Townhomes (SBMP
02-005). The City Commission approved the original plans for the town home
project in February of 2003, with a condition that the ultimate design and layout of
the recreation area would be subject to Board and Commission review. A site plan
time extension (SPTE 04-001) was granted in May of 2004. The project is currently
under construction, and the applicant is seeking approval of the recreation area to
keep the project on track.
Site Characteristic: The plans indicate the recreation area would be located just inside the entrance off
of SW 35th Avenue and would contain a pool, a cabana/paVilion and a play area
with a multi-activity play apparatus, all within a 0.45-acre parcel.
ANALYSIS
Concurrency:
Traffic: A traffic statement for this project was previously submitted and sent to the Palm
Beach County Traffic Division for their review and approval. The Traffic Division
certified that the townhouse project meets the Traffic Performance Standards (TPS)
of Palm Beach County.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review (see Exhibit "C" - Conditions of Approval).
School: School concurrency was previously approved for this project, and nothing further is
required for the recreation area.
Driveways: No change to the approved driveway is proposed with this site plan modification.
Parking Facility: A total of five (5) parking spaces are required parking for recreation areas within a
PUD. The applicant has made provision for eighteen (18) spaces, including two (2)
handicap spaces.
Staff Report - Carriage Pointe - fka Arbolata Townhomes (MSPM 05-006)
Memorandum No PZ 05-099
Page 3
landscaping: The Plant List on the Landscape Plan (sheet L-1) indicates that the recreation area
will include Live Oak trees and Areca Palms, as well as Ixora and Cocoplum shrubs,
with 52% of the material depicted as native.
Building and Site: The pool cabana/pavilion is proposed to be 900 square feet and situated on a 65' X
110' pool deck with a 25' X 50' swimming pool. The reminder of the recreation
area, approximately 1,200 square feet, consists of a multi-activity play apparatus,
with slides, a tower and various level platforms, monkey bars and fireman's pole.
Design: The recreation area will be surrounded by a white aluminum picket fence. The pool
cabana/pavilion will be a CBS structure with barrel tile roof that will match that of
the town homes within the PUD. The design of the cabana is intended to match that
of the town homes as are the selected colors. The colors are beige for the body of
the building (BM 1074), green for the doors and shutters (Tarrytown Green - BM
HC-134) and white trim and banding (BM -.Extra White).
Signage: No additional signage is proposed as part of this modification request.
RECOMMENDATION:
The Technical Application Review Team (TART) has reviewed this request for major site plan modification
and is recommending approval contingent upon satisfying all comments indicated in Exhibit "c" -
Conditions of Approval. Any additional conditions recommended by the Planning & Development Board or
City Commission shall be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Arbolata Townhomes (Carriage POinte)\MSPM 05-006\Staff Report.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
from 45 feet to 75 feet, while retaining existing maximum floor provision of four (4)
stories be approved. Motion seconded by Mr. Baldwin and unanimously carried.
(Mr. Cwynar left the meeting at 7:50 p.m.)
D. Maior Site Plan Modification
2.
Project:
Agent:
Owner:
Location:
Arbolata (a1k/a Carriage Pointe) (MSPM 05-006)
Derek Acree, Lennar Homes
Lennar Homes
Southeast corner of Congress and SW 35th Avenue
Description: Request for Major Site Plan Modification to construct
a recreation area for an approved town home project,
to include a pool, cabana/pavilion and play area with
multi-activity play apparatus. (Addressed Out of
Order)
Derek Acree, 1013 N. State Road 7, Royal Palm Beach, Florida 33411, was present
on behalf of the owner.
Chairman Wische noted there were 17 staff conditions and Mr. Acree stated they
agreed with all staff comments.
There was no public audience.
Motion
Mr. Baldwin moved that the request for Major Site Plan Modification to construct a
recreation area for an approved town home project, to include a pool, cabana/pavilion
and play area with multi-activity play apparatus be approved, subject to all staff
comments. Motion seconded by Vice Chair Hay and unanimously carried.
8. Other
9. Comments by Members
None
10. Adjournment
There being no further business, the meeting properly adjourned at 7:55 p.m.
Respectfully submitted,
~}k.Ik-~
Barbara M. Madden
Recording Secretary
(June 28,2005)
15
Location Map
ARBOLATA TOWNHOMES
EXHIBIT "A"
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EXHIBIT B
WILLIAM WIETSMA, Architect
Florida License Number AR.OOI4766
25 Seabreeze Avenue. Suite 304, Delray .Beach. Florida 33483
Office (561) 27.-4863 Fax (561) 274.7636
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BOYNTON BEACH, FL
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EXHIBIT "C"
Conditions of Approval
Project name: Arbolata (aka Carriage Pointe)
File number: MSPM 05-006
Reference: 2nd review plans identified as a Major Site Plan Modification with a June 7, 2005 Planning & Zoning
date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. No Utility plan was included with this submittal, therefore the Utilities X
Department considers this plan incomplete as submitted. However, the
proposed Site Plan is an existing site located within the Utilities' service
area, and is located where utility support is available (and has been
previously approved). Weare providing only a cursory review of the
proposed site plans as submitted at this time. Additional comments may be
required after a Utility plan has been submitted.
2. All utility easements shall be shown on the rectified Site Plan (Sheet A-I) X
and landscaping drawing (Sheet L-I) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. -Those
easements shown on the record plat need to be overlaid to properly reflect
those plant restrictions that are pertinent. In general, palm trees will be the
only tree species allowed within utility easements. Canopy trees may be
planted outside of any easements so that their roots and branches will not
impact. those utilities within the easements in the foreseeable future. The
LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority
to remove any trees (or shrubs) that interfere with utility services, either in
utility easements or public rights-of-way.
3. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
4. Appropriate backflow preventer(s) will be required on the domestic water X
service to the shelter building, and the fire sprinkler line if there is one, in
accordance with CODE Sec. 26-207.
5. Show the location of the sanitary sewer lateral and water service meter. X
6. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates);
they will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
7. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
8. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
9. The provided Landscape Plan (Sheet L-I) does not correctly depict the X
limits of the utility easements. Please provide accurate easement locations
and associated utilities at time of permitting.
10. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
11. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
ensure that additional comments may not be generated by the commission
and at permit review.
12. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
I DEPARTMENTS \ INCLUDE I REJECT I
13. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
14. Add to the submittal a partial elevation view drawing of the proposed X
perimeter fence. Identify the type of fence material and the type of material
that supports the fence, including the typical distance between supports.
Also, provide a typical section view drawing of the fence that includes the
depth that the fence supports are below finish grade and the height that the
fence is above finish grade. The location and height of the fence shall
comply with the fence regulations specified in the Zoning Code.
15. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
16. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract.
17. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
PARKS AND RECREATION
Connnents: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
~
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
Comments:
I. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Arbolata T ownhomes\MSPM 05-006\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Carriage Pointe - fka Arbolata (MSPM 05-006)
APPLICANT'S AGENT: Mr. Derek Acree of Lennar Homes
APPLICANT'S ADDRESS: 1013 N. State Road 7, Royal Palm Beach, FL 33411
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 19,2005
TYPE OF RELIEF SOUGHT: Request Major Site Plan Modification for the recreation area, which was
designated only as vacant parcel during original approval of the PUD.
LOCATION OF PROPERTY: Southeast corner of South Congress Avenue and Southwest 35th
Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competentevidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. . The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Arbolata Townhomes(Carriage Pointe)\MSPM 05-006\DO.doc
VI.-CONSENT AGENDA
ITEM 0.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date FinaLForm Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7,2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 200S (Noon) 0 July S, 200S June 20, 200S (Noon)
0 May ]7, 200S May 2, 200S (Noon) rgJ July] 9, 200S July S, 200S (Noon)
0 Administrative 0 Development Plans
NATURE OF rgJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 19,2005 City Commission Agenda under Consent
Agenda. The Planning and Development Board recommended that the subject request be approved on June 28, 2005,
subject to all staff comments and a new comment to encourage FP&L to place existing power lines underground. For further
details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-101.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Bethesda Hospital (MSPM 05-005)
Shayne Conover, Kilday & Associates
Bethesda Memorial Hospital, Inc.
2815 S. Seacrest Boulevard
Request for Major Site Plan ModifIcation to construct a four-story, 86,167 square foot
addition to the hospital, to accommodate a Comprehensive Heart Center.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES'
~o
1
Ity Manager's Signature
Devel
:;uJ ~,/
Planning and oning Director City Attorney / Finance / Human Resources
S:\P]anning\SHARED\WP\PROJECTS\Bethesda\Bethesda Open Heart MSPM OS-OOS\Agenda Item Request Bethesda Hosp. MSPM OS-OOS 7-19-0S.dot
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-101
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and City Commission
-:l"\ {) V
Michael Rumpf
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
June 14, 2005
PROJECT NAME/NO:
Bethesda Memorial Hospital / MSPM 05-005
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner/ Applicant:
Bethesda Memorial Hospital, Inc.
Agent:
Shayne Conover, Kilday & Associates, Inc.
Location:
2815 South Sea crest Boulevard (see Exhibit "A" -
Location Map)
Existing Land Use/Zoning:
Public- Private, Government, Institutional (PPGI) / Public
Use (PU)
Proposed Land Use/Zoning:
No change
Proposed Use:
Construction of a four-story, 86,167 square foot addition
to the hospital to accommodate a Comprehensive Heart
Center
Acreage:
25.45 acres (total hospital site)
Adjacent Uses:
North:
Bethesda Medical Plaza, Early Learning Center @ Bethesda, and then farther north
single-family residential;
South:
Boulevard Manor Nursing Center and then farther south High Ridge Apartments;
East:
Sea crest Bouleva'rd, then farther east various medical offices/buildings and then
farther east single-family residential; and
West:
Bethesda Memorial Hospital parking and then farther west single-family residential.
Staff Report - Bethesda Memorial Hospital (MSPM 05-005)
Memorandum No PZ 05-101
Page 2
Site Characteristic: The Site Data prepared by Kilday & Associates indicates that the site has been
developed with a 586,819 square foot hospital facility containing 300 beds, a
daycare center, a total of 1,814 on-site parking spaces (148 off-site) and
approximately 27.5% landscape area.
BACKGROUND
Proposal:
Bethesda Memorial Hospital is requesting to construct a four (4) story, 86,167
square foot addition at the northeast corner of the existing hospital in order to
provide a Comprehensive Heart Center.
ANALYSIS
Concurrency:
Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure an adequate level of service. Palm Beach
County has provided a preliminary review and requested the applicant to provide
additional information. No construction permit will be issued without appropriate
Sign-off from Palm Beach County Traffic Engineering (see Exhibit "c" - Conditions
of Approval).
Drainage: Conceptual drainage information was provided for the City's review. The City's
concurrency ordinance requires drainage certification at time of site plan approval.
The Engineering Division is recommending that the review of specific drainage
solutions be deferred until time of permit review, when more complete engineering
documents are required (see Exhibit "c" - Conditions of Approval).
School: School concurrency is not required for this type of project.
Driveways: The proposal to construct the Heart Center addition to the hospital does not modify
any of the existing. driveways entering or exiting the Bethesda Memorial Hospital
grounds from either Seacrest Boulevard or SW 23n:1 Avenue (Golf Road). The
circulation drive leading to the main doors to the hospital will be slightly modified to
accommodate the new covered drop-off at the entrance to the proposed addition.
As part of this modification, the hospital proposes the creation of new drop-off
areas for both the Emergency entrance and the Ambulatory entrance.
Parking Facility: The Site Plan prepared by Kilday & Associates provides a list of the different
uses and parking requirements of each. In accordance with City parking codes, the
plan indicates 300 hospital beds @ 2.5 parking spaces required per bed for a total
of 750 parking spaces. Additionally, the daycare center comprises 7,500 square feet
with a parking requirement of 1 parking space per every 300 square feet, for a total
of 25 parking spaces. Lastly, the utility building totals 8,968 square feet with a
parking requirement of 1 parking space per every 500 square feet, for a total of 18
parking spaces.
Staff Report - Bethesda Memorial Hospital (MSPM 05-005)
Memorandum No PZ 05-101
Page 3
The sum total of required parking, based on the number of beds and ancillary
structures, is indicated on the plans as 793 parking spaces. Based upon the Site
Plan, the hospital provides 1,814 parking spaces (1,666 on-site and 148 off). By the
numbers, the hospital exceeds City parking codes and provides 1,021 excess
parking spaces, with the recent construction of a parking garage.
The proposed construction of the Comprehensive Heart Center would not require
the addition of any parking due to the fact that no new beds are being added to the
hospital. The new center proposes to have a total of eight (8) beds, as relocated
from eight (8) semi-private rooms within the existing hospital. The semi-private
rooms would be converted to private rooms with one (1) bed each. Therefore, the
existing number of beds for the entire hospital, including the new Heart Center, will
remain at 300 total.
Landscaping: The landscape plan for the proposed addition depicts eleven (11) canopy trees,
including Live Oak, Green Buttonwood, Geiger and Tabebuia, and thirty (30) palm
trees, including Royal, Sabal, Alexander and Pygmy Date Palms. The planting beds
around the north and east sides of the Heart Center are proposed to contain
Cocoplum, Ixora, Ginger, Crotons, Dwarf ScheffJera and Xanadu Philodendron. The
seventeen (17) Royal Palms proposed around the perimeter of the addition are
depicted at heights of 20-30 feet, to help soften the fa~ade of the sixty foot
(measured at the typical roofline) Heart Center. A minimum of seven (7) of the
Royal Palms are proposed at 30 feet in height, or half the height of the four (4)
story structure. Additionally, the plans depict a courtyard immediately north of, and
adjacent to the new addition, with a series of pathways and benches with green
Buttonwood trees and a variety of the shrubs discussed above, to provide a quiet,
contemplative retreat outside the hospital.
Building and Site: The proposed Heart Center will be comprised of four (4) levels. The first/ground
floor level consists of 8,123 square feet and is comprised of the entrance lobby,
reception area, small offices, elevator and stair, small storage area and ambulance
carport. The 13,113 square foot second floor is comprised of offices,
examination/evaluation rooms and mechanical space. The 23,437 square foot third
floor is the operations hub for the Open Heart Center, consisting of prep/recovery
area, laboratory rooms, nursing station, offices and the eight (8) patient rooms.
The fourth level will consist of an open storage area, likely to be converted in the
future to additional patient rooms.
The proposed addition has been designed to be harmonious in size and scale with
the surrounding floors of the Hospital. The addition, as noted above, is four (4)
floors, however the top of roof dimension is 55 feet - 10 inches, with the parapet
wall at 59 feet - 9 inches. The current maximum height in the Public Usage (PU)
zoning district is 45 feet and four (4) stories. The applicant has submitted for a
Code Review request to amend the allowable height in Public Usage (PU) districts,
for Hospitals only. The City Commission, at their June 21, 2005 meeting,
preliminarily reviewed the proposed amendment and directed staff to continue
processing the Code Review request. As such, the approval of this Major Site Plan
Modification for the proposed Comprehensive Heart Center is contingent upon
Staff Report - Bethesda Memorial Hospital (MSPM 05-005)
Memorandum No PZ 05-101
Page 4
formal Commission approval of the associated Code Review. The amendment
contemplated in the Code Review would allow hospital buildings in the Public Usage
(PU) district a maximum height of 60 feet, while retaining the four (4) story
maximum requirement, due to the operational and design characteristics of these
special use facilities. Because there is additional space required between the floors
of hospitals to house apparatus, conduits and conveyances such as, oxygen lines,
fire suppression, water lines, medical air, air handler equipment, vacuum and
exhaust lines, etc., special consideration may be warranted for these type of
facilities. Additionally, the elevator equipment and stair tower of the Heart Center
would exceed the proposed allowable height of 60 feet by eight feet - eleven
inches. The City Commission has the authority to grant a Height Exception for
these types of structures and appurtenances. The applicant has made a separate
application for the Height Exception, and has noted that the requested Height
Exception would be for a total of 414 square feet, or 4% of the new addition roof
area and 0.15% of the entire hospital roof area. Again, the approval of this Major
Site Plan Modification for the proposed Comprehensive Heart Center is contingent
upon formal Commission approval of the associated Height Exception. The closest
residential structure to the proposed Heart Center is approximately 220 feet in a
northeastern direction.
Design:
The addition is proposed to be compatible with the existing building elements of
the Hospital. The proposal utilizes matching stucco finish and score lines as the
existing building, curtain wall window system and matching color scheme. The
body color proposed for the building is Peach Vail (Sonneborn Acrylic Elastomeric
63 - 803). The accent color proposed is White (Sonneborn Acrylic Elastomeric 64-
235).
Signage:
The proposed signage associated with the Heart Center consists of the placement
of the Bethesda "B" on the stair tower facing east, approximately 30 square feet in
size and designed to match existing hospital signage as to style, color and
materials. The north elevation of the east canopy for drop-off at the Heart Center is
proposed to have the wording "Bethesda Heart Institute" as well the inclusion of
the wording "Emergency" at the new Emergency entrance.
l'
RECOMMENDATION:
The Technical Advisory Review Team (TART) has reviewed this request for major site plan modification
approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "c" - Conditions
of Approval. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval.
MWR / eb
S:\Planning\Shared\Wp\Projects\Bethesda Memorial Hospital\MSPM OS-005\Staff Report.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Motion
Mr. Cwynar moved to approve the request to rezone 2.54 acres from R-1-AA Single
Family Residential to R-1-A Single Family Residential Future Land Use classification to
remain Low Density Residential (LOR) for the ultimate development of 10 single-family
residential lots, subject to staff comments. Motion seconded by Mr. Baldwin and
unanimously carried.
D. Maior Site Plan Modification
1.
Project:
Agent:
Owner:
Location:
Bethesda Hospital (MSPM 05-005)
Shayne Conover, Kilday & Associates
Bethesda Memorial Hospital, Inc.
2815 S. Seacrest Boulevard
Description: Request for Major Site Plan Modification to construct
a four-story, 86,167' square foot addition to the
Hospital, to accommodate a Comprehensive Heart
Center
Kieran Kilday, Planner, 1551 Forum Place, West Palm Beach, Florida, is the agent
for the project and pointed out agenda items F.1 and G.1 are related to this item. The
Board agreed to move up the other two items after this item is heard.
Chairman Wische pointed out there were 20 staff comments and asked the agent if
there were any comments he did not agree with or needed clarification on. Mr. Kilday
responded they agree with all staff comments.
Ed Breese, Principal Planner, pointed out the three items are inter-related. There is a
code review to amend the height within the PUD District, in which the Hospital is
located, to increase the height from 45' to 60' feet. Also staff is recommending that the
setback be increased for hospital structures within the PUD District to be three-times the
additional height above 45'. Therefore, if the building were to go 60', an additional 15'
setback would be required, in addition to the 30' existing setback, for a total setback of
45'.
Mr. Bre~se requested that even though the items would be addressed together, he
would like separate motions for each.
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Mr. Cwynar inquired if the Hospital still had power lines above ground. Mr. Kilday stated
there were power lines on the west property line that were still above ground. Also,
there are transformers at the ground level. Mr. Cwynar asked if the lines could be buried
and Mr. Kilday stated it is something they could look into. Mr. Cwynar would like to see
as many power lines underground since the events of the last hurricane season.
12
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Motion
Ms. Jaskiewicz moved to approve the request for Major Site Plan Modification to
construct a four-story 86,167 square foot addition to the hospital, to accommodate a
Comprehensive Heart Center, subject to all staff comments.
Mr. Cwynar seconded the motion with an amendment that any above ground power
lines would be put underground.
Chairman Wische asked the maker of the motion if she agreed to the amendment of the
motion.
Ms. Jaskiewicz thought that this would be an issue for FP&L to address and was not
certain whether it could be enforced. Mr. Kilday stated no new above ground power
lines would be added to the building, but as far as the existing line, it was not part of the
application.
Mr. Baldwin noted he was a retired engineer from Bethesda Hospital and reported that
all existing electricity is underground at the Hospital. Mr. Cwynar noted there is a feeder
line from the sub-station across 1-95.
Mr. Cwynar revised his amendment that the applicant would encourage FP&L to look
into burying the transmission lines. Ms. Jaskiewicz accepted this amendment only as a
recommendation. Chairman Wische stated "amendment" would be deleted and the
word "recommendation" would be substituted in its place.
Vote
Motion seconded by Mr. Cwynar and unanimously carried.
F. HeiQht Exception
1.
Project:
Bethesda Comprehensive Heart Center
(HTEX 05-005)
Shayne Conover, Kilday & Associates
Bethesda Memorial Hospital, Inc
2815 S. Seacrest Boulevard
Request for Height Exception approval of 8 feet-11
inches to accommodate elevator equipment and stair
tower components on the roof at a height of 68 feet-
11 inches in the Public Usage (PU) zoning district.
Agent:
Owner:
Location:
Description:
Ed Breese, Principal Planner, noted this was predicated upon the Code review that will
be coming before the Board next that would increase the height from 45' to 60'.
Chairman Wische noted there were no staff comments.
13
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EXHIBIT "C"
Conditions of Approval
Project name: Bethesda Comprehensive Heart Center
File number: MSPM 05-005
Reference: 2nd Review plans identified as a Major Site Plan Modification with a June 7, 2005 Planning &
Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. Provide a notice of concurrency (Traffic Performance Standards Review) X
frorn Palm Beach County Traffic Engineering.
UTILITIES
Comments:
2. All utility easements and utility lines shall be shown on the Site plan and X
Landscape plans (as well as the Water and Sewer Plans) so that we may
determine which appurtenances, trees or shrubbery may interfere with
utilities. In general, palm trees will be the only tree species allowed within
utility easements. Canopy trees may be planted outside of the easement so
that roots and branches will not impact those utilities within the easement in
the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives
public utilities the authority to remove any trees that interfere with utility
services, either in utility easements or public rights-of-way.
3. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates);
they will be reviewed at the time of construction permit application.
~
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
4. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
5. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
6. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
7. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
grate, rim and invert elevations for all structures. Indicate grade of storm
sewer segments. Indicate material specifications for storm sewer.
8. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
9. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
enSure that additional comments may not be generated by the commission
and at permit review.
10. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the" provisions of ASCE 7, Chapter 6, and
the proVisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Floripa shall be submitted for review at the time of permit application.
11. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
12. Add to all plan view drawings of the site a labeled symbol that represents X
the location and perimeter of the limits of construction proposed with the
subject request.
13. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
DEPARTMENTS INCLUDE REJEC~I
14. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
15. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears On the Development Order and
the Commission-approved site plan.
b. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
16. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
reVIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
17. This structure meets the definition ofa threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6.
The following information must be submitted at the time of permit
application:
a. The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a
threshold building.
b. All shoring and re-shoring procedures, plans and details shall be
submitted.
c. All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best
of the architect's or engineer's knowledge, the plans and specifi~ations
comply with the applicable fire safety standards as determined by the local
authority in accordance with this section and F.S. Section 633.
18. Sheet A-100 and all floor plan sheets - Clearly delineate the areas to be X
constructed under this site plan modification.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
19. Palm Beach County Traffic Division has requested a revised Traffic Study. X
No permit shall be issued prior to receipt of an approval letter.
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
20. Major Site Plan Modification approval is contingent upon City Commission X
approval of the Code Review and proposed Height Exception.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
21. Applicant shall work with FP&L to attempt the relocation of power lines to X
underground locations..
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I I. To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\Bethesda\Bethesda Open Heart MSPM 05-005\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Bethesda Memorial Hospital Comprehensive Heart Center
APPLICANT'S AGENT: Shayne Conover - Kilday and Associates
APPLICANT'S ADDRESS: 1551 Forum Place Suite 100A West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 19, 2005
TYPE OF RELIEF SOUGHT: Request Major Site Plan Approval for a four-story 86,167 square foot
addition to the hospital to accommodate a Comprehensive Heart Center.
LOCATION OF PROPERTY: 2815 S. Seacrest Blvd. Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis-for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Bethesda\Bethesda Open Heart MSPM 05-005\DO.doc
VI.-CONSENT AGENDA
ITEM 0.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April S, 200S March 14, 200S (Noon.) 0 June 7, 200S May ]6, 200S (Noon)
0 April 19, 200S Apri14,200S QNoon) 0 June 21, 200S June 6, 200S (Noon)
0 May 3, 200S April ]8,200S QNoon) 0 July S, 200S June 20, 200S (Noon)
0 May ] 7, 200S May 2, 200S (Noon) rgJ July 19, 200S July S, 200S (Noon)
0 Administrative 0 Development Plans
NATURE OF rgJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 19,2005 City Commission Agenda under Consent
Agenda. The Planning and Development Board on June 28, 2005, recommended that the subject request be approved
subject to all staff comments. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-102.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Bethesda Hospital Comprehensive Heart Center (HTEX 05-005)
Shayne Conover, Kilday & Associates
Bethesda Memorial Hospital, Inc.
2815 S. Seacrest Boulevard
Request for Height Exception approval of 8 feet-II inches to accommodate elevator
equipment and stair tower components on the roof at a height of 68 feet- I 1 inches in the
Public Usage (PU) zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
4
/
M ..
i Manager's S~e
Dev
-h~ tJ -Z~--
P1anning'and . g Director City Attorney / Finance / Human Resources
J :\SHRDA T A \Planning\SHARED\ WP\PROJECTS\Bethesda\Bethesda Open Heart MSPM OS-OOS\HTEX\Agenda Item Request Bethesda Hosp. HTEX OS-
0057-]9-OS.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-102
TO:
Chair and Members
Planning & Development Board
Michael RumPfl'\~~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
June 17, 2005
PROJECT:
Bethesda Memorial Hospital Heart Center / HTEX 05 - 005
REQUEST:
Height Exception
PROJECT DESCRIPTION
Property Owner:
Bethesda Memorial Hospital, Inc.
Applicant:
Shayne Conover, Kilday & Associates, Inc.
Agent:
Shayne Conover, Kilday & Associates, Inc.
Location:
2815 South Sea crest Boulevard (see Exhibit "Aft - Location Map)
Existing Land Use / Zoning: Public-Private, Government, Institutional (PPGI) / Public Usage (PU)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Construction of a four-story, 86,167 square foot addition to the hospital to
accommodate a Comprehensive Heart Center
Acreage:
25.45 acres (total hospital site)
Adjacent Uses:
North:
Bethesda Medical Plaza, Early Learning Center @ Bethesda, and then farther
north single-family residential;
South:
Boulevard Manor Nursing Center and then farther south High Ridge
Apartments;
East:
Seacrest Boulevard, then farther east various medical offices/buildings and
then farther east single-family residential; and
West:
Bethesda Memorial Hospital parking and then farther west single-family
residential.
Page 2
Memorandum No. PZ 05-102
BACKGROUND
The consultants for Bethesda Memorial Hospital have submitted a request for Major Site Plan Modification
approval for an 86,167 square foot addition to the existing 586,819 square foot hospital. This application
for a height exception accompanies the above-mentioned site plan request (MSPM 05-005) and
associated code review request (CDRV 05-012). The subject property is located at 2815 South Seacrest
Boulevard, on the west side, south of SW 23rd Avenue/Golf Road (see Exhibit "A" - Location Map). The
maximum building height currently allowed in the (Public Usage) PU zoning district is 45 feet. The code
review (CDRV 05-012) amendment, as proposed by staff, would retain the four (4) story limitation, but
increase the allowable height in the PU district to 60 feet, for hospitals only. The elevation (see Exhibit
"B" - Sheet A201) shows that the building would be four (4) levels, extending to a height of 55 feet - 10
inches to the roof deck, with the top of the parapet wall at 59 feet - 9 inches. This would place the
proposed addition within the limits of the code review amendment. However, the stair tower is depicted
at a height of 68 feet - 11 inches, which would exceed the proposed maximum allowable height of the
PU zoning district for hospitals by 8 feet - 11 inches and would require approval as a height exception.
ANALYSIS
Except for within the Central Business District (CBD), Mixed-Use Low (MU-L), and Mixed-Use High (MU-H)
zoning districts, the citywide maximum building height is 45 feet. According to Chapter 2, Section 4.F.1
of the Land Development Regulations, no portion of any structure intended to be utilized for residential,
commercial, or industrial purposes within the municipal limits of the City of Boynton Beach, Florida, shall
exceed the height of 45 feet. The Land Development Regulations, Chapter 2, Zoning, Section 4.F.3,
Height Limitations and Exceptions, also states that in considering an application for an exception to the
district height regulation, the City Commission shall make findings indicating the proposed exception has
been studied and considered in relation to minimum standards, where applicable. According to Chapter 2,
Section 4.F.2, electrical and mechanical support systems and their necessary mechanical appurtenances
may be erected within a structure or on top of a structure, above the district height limitations, and are
eligible for consideration of approval by the City Commission on a case - by - case basis.
The code review (CDRV 05-012), as proposed by staff, would in the case of hospitals, raise the height
limitation from 45 feet to 60 feet in the PU district. According to the elevations (see Exhibit "B" - Sheet
A201), the stair tower is proposed at 68 feet - 11 inches in height, or 8 feet - 11 inches above the
maximum building height allowed in the PU zoning district, for hospitals not exceeding four (4) stories.
Staff has determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3.
The large footprint of the existing hospital on its sprawling campus-like setting would appear to dwarf the
stair tower on the roof and create minimal adverse visual impact, since the stair tower has been
incorporated into the architectural design of the building and actually anchors the most prominent corner
of the hospital, as depicted on the color elevations. The applicant has indicated that the proposed stair
tower is 414 square feet or 4% of the roof area of the new addition, and 0.15% of the entire hospital
roof area. The closest residential structure is approximately 220 feet away from the proposed tower, in a
northeasterly direction.
In reviewing the standards for granting approval, staff agreed with the applicant that the exception is
necessary to provide the required access to the roof, that there should be no adverse effect and that the
requested waiver would not severely reduce light and air in adjacent areas. The applicant notes that
there are no occupied spaces within the proposed tower and that there should be no perception of the
Page 3
Memorandum No. PZ 05-102
project as a deterrent to the improvement or development of adjacent property or as a special privilege
granted to the hospital.
RECOMMENDATION
Based on the analysis contained herein, staff recommends that this request for a height exception of 8
feet - 11 inches be approved for the stair tower portion of the Bethesda Memorial Hospital expansion
project, subject to the recommended conditions of approval; however, any conditions of approval
recommended by the Board or required by the City Commission will be placed in Exhibit "c" - Conditions
of Approval.
S:IPlanninglSharedlWplProjeclslBethesda Memorial HospilallHTEX OS-00S\Slaff Report.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Motion
Ms. Jaskiewicz moved to approve the request for Major Site Plan Modification to
construct a four-story 86, f67 square foot addition to the hospital, to accommodate a
Comprehensive Heart Center, subject to all staff comments.
Mr. Cwynar seconded the motion with an amendment that any above ground power
lines would be put underground.
Chairman Wische asked the maker of the motion if she agreed to the amendment of the
motion.
Ms. Jaskiewicz thought that this would be an issue for FP&L to address and was not
certain whether it could be enforced. Mr. Kilday stated no new above ground power
lines would be added to the building, but as far as the existing line, it was not part of the
application.
Mr. Baldwin noted he was a retired engineer from Bethesda Hospital and reported that
all existing electricity is underground at the Hospital. Mr. Cwynar noted there is a feeder
line from the sub-station across 1-95.
Mr. Cwynar revised his amendment that the applicant would encourage FP&L to look
into burying the transmission lines. Ms. Jaskiewicz accepted this amendment only as a
recommendation. Chairman Wische stated "amendment" would be deleted and the
word "recommendation" would be substituted in its place.
Vote
Motion seconded by Mr. Cwynar and unanimously carried.
F. HeiQht Exception
1.
Project:
~ethesda Comprehensive Heart Center
(HTEX 05-005)
Shayne Conover, Kilday & Associates
Bethesda Memorial Hospital, Inc
2815 S. Seacrest Boulevard
Request for Height Exception approval of 8 feet-11
inches to accommodate elevator equipment and stair
tower components on the roof at a height of 68 feet-
11 inches in the Public Usage (PU) zoning district.
-..;;
Agent:
Owner:
Location:
Description:
Ed Breese, Principal Planner, noted this was predicated upon the Code review that will
be coming before the Board next that would increase the height from 45' to 60'.
Chairman Wische noted there were no staff comments.
13
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Ms. Johnson inquired whether the Board should consider the Code Review item before
addressing this item. Mr. Breese responded that the item was contingent upon the Code
Review being approved.
Motion
Mr. Casaine moved that the request for Height Exception approval of 8 feet-11 inches to
accommodate elevator equipment and stair tower components on the roof at a height of
68 feet-l1 inches in the Public Usage (PU) zoning district be approved. Motion
seconded by Mr. Baldwin and unanimously carried.
G. Code Review
1 . Project:
Agent:
Owner:
Location:
Maximum building heights in Public Usage Zoning
District - hospitals (CDRV 05-012)
Shayne Conover, Kilday & Associates
Bethesda Memorial Hospital, Inc.
2815 S. Seacrest Boulevard
Description: Request to amend the Land Development
Regulations, Chapter 2 Zoning, Section 5 (J)(2) to
increase maximum building height for hospitals from
45 feet to 75 feet, while retaining existing maximum
floor provision of four (4) stories.
Chairman Wische noted there were no staff comments.
Ed Breese, Principal Planner, noted staff recommended 60' in height, rather than 75'
and the applicant has recommended 75' all inclusive to cover any of the mechanical
equipment that may be on the r~f. Staff requested the number be 60'. The height
exception~ could be approved for the mechanical equipment as currently outlined in the
Code that would prevail for anything over 60'.
Mr. Kieran Kilday stated they agreed with staff's modification including the height and
additional setbacks being recommended.
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Motion
Mr.. Cwynar moved that the request to amend the Land Development Regulations,
Chapter 2 Zoning, Section 5(J)(2) to increase maximum buifding height for hospitals
14
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EXHIBIT "e"
Conditions of Approval
Project name: Bethesda Memorial Hospital Heart Center
File number: HTEX 05-005
Reference:
DEPARTMENTS INCLUDE ~
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Height Exception approval is contingent upon the approval of Code Review X
(CDRV 05-012) by the City Commission.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
I. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I. To be determined.
S :\Planning\SHARED\ WP\PROJECTS\Bethesda\HTEX OS-OOS\COA,doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Bethesda Memorial Hospital Comprehensive Heart Center
APPLICANT'S AGENT: Shayne Conover - Kilday and Associates
APPLICANT'S ADDRESS: 1551 Forum Place Suite 100A West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 19, 2005
TYPE OF RELIEF SOUGHT: Request Height Exception approval to allow for an eight (8) foot -
eleven (11) inch exception to the proposed Code Review, which would allow for 60 feet in a Public
Usage (hospitals only) zoning district.
LOCATION OF PROPERTY: 2815 S. Seacrest Blvd. Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Bethesda\Bethesda Open Heart MSPM 05-005\HTEX\DO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORJ\.J.
VI.-CONSENT AGENDA
ITEM F.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's OffIce Meeting Dates in to City Clerk's Office
0 April 5,2005 March ]4,2005 (Noon) D June 7, 2005 !\lay ] 6,2005 (Noon)
0 April 19,2005 April 4, 2005 (Noon) 0 June 2],2005 June 6, 2005 (Noon)
0 May 3, 2005 April] 8, 2005 (Noon) 0 July 5, 2005 June 20, 200S (Noon)
0 May ]7,2005 May 2, 2005 (Noon) rgJ July] 9,2005 July 5, 2005 (Noon)
D Administrative 0 Development Plans
NA TURE OF rgJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
D Bids D UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
!"'J
RECOMMENDATION:
Approval of donation from State Forfeiture Funds in the amount of$J ,000,00 to Florida Missing Children's Day.
-0
,--'
i......- =~cr:.
EXPLANATION: ~,.,;
On September 12, 2005 the Missing Children Advisory Board will be conducting its annual ceremonies in Tallahass'6e, ~ ~
In accordance with Florida State Statute 932,7055 the department maintains a law enforcement trust fund, which contains tne:
Cash, proceeds of property forfeited to the agency pursuant to the Florida Contraband Forfeiture Act (FCF A). The statute
Provides that any law enforcement agency that acquires at least $ I 5,000,00 pursuant to FCF A within a fiscal year must
expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse
education, drug prevention, crime prevention, safe neighborhood or school resource officer programs.
PROGRAM IMPACT:
FISCAL IMPACT:
State Forfeiture Funds in account 691-0000-04-25
Total donation requested $1,000,00
Funding request will have no fIscal impact on our budget
,
AL TERNA TIVE~:;1
/P'7
/~~~/
/' Department s Signature
Police
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
/:1. 'S
BOARD MEMBERS
1004-1005
Don Moreland
Chairmon
Don R:He
Vice-Chairman
Charlott(' Brand
Flonda Outdoor
Afkeni5ing A.HoCtorion
Mr. Char lie Crist
Attorney General
Shelly Campbell
Victim Parent
Heather Cox
Victim Parent
Christy DaJ}"
Florida Network
Fred Dickinson
DHSMV
GarRet La,;.an Dukes
Department of EduCOlion
Sht'Tiff Donald F. EsJingf'r
Seml-nole COSO
Chief James Gabbard
Vera Bl'och PD
LUC)i Hadj
DepartmenlofChildren
and Families
Wf'ndy Hallowell
Governor 's Office
Bill Hehrock
Hebrock Steiner Mclaughlin,
Inc.
Billy Hudson
Lighthouse Chi/ciTen '$ Home
Jim Murdaugh
Pat Thomas Law
Enforcement Academy
Director Robert Parker
Miami Dade PD
. Gary Per-kins
FL Sheriffs Association
John & Peggy Pitta
NCMEC
Claudine RJce
Jimmy Ryce CeJl1er
Dr_ Jack Sidoran
Nova Universify
Secretary Anthony Schembri
Department of Juvenile Justice
Robe,.t (Buddy) Triqud
FL Association of School
Resource Officers
Donna M. Uzzell
F70rida Department of Law
Enforcement, CJJS
Michael Vasilinda
Capitol NeY.'S Service
Catherine Vogel
State Attorney's QlJice
Craig WeideJe
Universal Studios
Commissioner John L Wino
Department of Education
~Iissint! { hildren I nforll1ation ( h~arj nghoust'
\d\ isor, Board
C/O FIJLE - Post Office Box J 489 - Tallahassee, Florida 32302 - TEL J -888-356-4 774 FAX 850-4 10)j599
June 3, 2005
Honorable Marshall B, Gage
Chief of Police
Boynton Beach Police Department
100 E, Boynton Beach Blvd,
Boynton Beach, Florida 33435-3838
Dear Chief Gage:
Again this year, as Chief of the Vero Beach Police Department, I am going to donate $1,000 from
proceeds seized under the Florida Contraband Forfeiture Fund to support the annual Florida Missing
Children's ceremony, to be held in Tallahassee on September 12. 2005, This ceremony honors police
officers and civilians statewide who have assisted in missing child cases, and raises statewide
awareness to help prevent child abduction and sexual exploitation,
Will you join me today by contributing at least $250 from you own trust fund, and show your agency's
support for this important statewide, law enforcement-sponsored event?
The Legislature created Florida Missing Children's Day in 1999, and the FDLE Missing Children
Information Clearinghouse Advisory Board organizes the annual statewide ceremony. I serve on the
Advisory Board representing Florida Police Chiefs,
Governor Jeb Bush attends the ceremony. Law enforcement officers and civilians who under special
circumstances have aided in missing child cases throughout the state are presented the following
awards:
Local Law Enforcement Officer of the Year
State Law Enforcement Officer of the Year
Federal Law Enforcement Officer of the Year
Law Enforcement Task ForcefTeam of the Year
Law Enforcement Trailing Team of the Year
School Bus Operator of the Year
Citizen of the Year
Evelyn Williams Award
John Walsh Award
Fourth Grade Essay Contest Award
The families of missing children and the families of children who did not survive their abduction join
Florida's law enforcement community, 400 elementary school children are invited, All those present
bring greater awareness to crimes against children and help to prevent them in the future,
Chief, In light of last year's abduction and murder of Carlie Brucia and the recent abductions and
murders of Jessica Lunsford and Sarah Lunde, I think a most fitting use of our law enforcement trust
fund moneys is support of Florida Missing Children's Day, Please participate in this year's event by
returning your agency's contribution and the accompanying form filled out, and by attending Florida
Missing Children's Day 2005 on September 12 in Tallahassee.
Thank you for your consideration of my request and your support. I hope to see you in Tallahassee
On September 12.
s;~~e~~~ s~~ <f~
Beach pOlic~partment '
JG/mn/pr
Enclosure
/;;;~.t\. ~
I Chil.._.4 ~ '\
( ~ \
l.,.i
~ ~ .' ""..
\f."., ",
'-J~t~"
l\lissing Children Information Clearinghouse
j\.dvisorv Board
"
BOARD MEMBERS
1004-1005
c/o FDLE - Post Office Box 1489 - Tallahassee, Florida 32302 - TEL: 1-888-356-4774 - FAX 850-410-8599
Don Moreland
Chairman
Don R)'cf"
Vice~Chairman
LAW ENFORCEMENT AGENCY
Sponsorship Form
Choulont' Brand
Flor;(ia Ou.tdoor
Am'crti5lng A.s.socialion
Shelly Campbell
Victim Parent
V Yes, our agency will be a Sponsor of Florida Missing Children's Day
(FMCD) 2005,
l\1r. Chadie Cdst
Anorney General
Heather COJ..
Victim Parent
Enclosed is our contribution in the amount of:
ChrislyDaly
Florida NetwOrk
$250
$500
/ $1000
Fred Dickinson
DHSMV
Payable to: Florida Missing Children's Day.
Garnet La"'an Dukes
Depanmenl of Educatiort
Chief James Gabbard
Vero Beach PD
Please print your name and your agency's name as you wish them to appear
in FMCD 2005 printed materials:
Sheriff Donald F. Eslingf"r
Seminole COSO
LuC)' Hadi
)epartment of Children
and Families
Your Narne & Title: Marshall B. Gage
Police Chief
Wend)' Hallowell
Governor's Office
Agency Name: City of Boynton Beach
Bin Heb..ock
Hebrock Sleiner Mclaughlin.
Inc.
Telephone Number:
561-742-6101
Bilty Hudson
Lighthouse Children's Home
Jim Murdaugh
Pal Thomas Law
Enforcement Academy
Representative(s) of your agency who attend on September 12,2005, will be invited to the
Sponsors' Recognition Breakfast in the State Capitol and to the Formal Ceremony held in
the State Capitol Courtyard. Your agency-will be recognized at the Breakfast.
Dir"ector Robert Parker
Miami Dade PD
Gar)' Perkins
FL Sheriffs Association
Please return this form with your contribution, made payable to Florida Missing Children's
Day 2005, to Ms. Lucy Ingley, FDLE-MCIC, P.O. Box 1489, Tallahassee FL 32302-1489.
John & Peggy Pitta
NCAtEC
Dr. Jack Sidoran
Nova University
If your agency's pledge or check is received by August 1,2005, your agency's name will be
included in the list of sponsors for FMCD 2005. If it is necessary for your agency's check to
be submitted later, you may use this form as your pledge and fax it nOW to 850-410-8599,
ATTN: Ms. Lucy Ingley. The check can then be sent to the address above,
Claudine Ryce
Jimmy Ryce Cenler
Seen-tar)' Anthony Sclumbri
Department of Juvenile Justice
Robert (Budd)") TTiquet
FL Association of School
Resoura Officers
Florida Missing Children's Day
State Capitol Courtyard
Tallahassee, Florida
September 12, 2005
Donna M. Uzzell
Florida Department of Law
Enforcemenr. CJlS
Michael Vasilinda
Capdol N~'5 Service
Catherine Vogel
~tate Attorney's Office
Craig WeideJe
Universal Studios
Commissione.. John L Wino
Department of Education
VI.-CONSENT AGENDA
ITEM G.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March ]4,2005 (Noon,) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 2], 2005 June 6, 2005 (Noon)
0 May 3, 2005 April ]8,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) rgJ July 19,2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
. ,
--
~ -."",
.0,
0 Administrative 0 Development Plans
"
rg] Consent Agenda 0 -... .
New Business .'.-
!'.) -~
0 Public Hearing 0 Legal ,
_.~,.
0 Bids 0 UnfInished Business -0 .' --'
~~. 0
0 Announcement 0 Presentation ~ ..;.-
r;: 'l..-r-4
~".u
0 City Manager's Report .....:. r"
Q>
C..;l i "0
RECOMMENDATION:
Approval ofa $500.00 donation to the Palm Beach County Association of Chiefs of Police, Inc. from the departments' law
enforcement trust fund.
EXPLANATION:
The Palm Beach County Association of Chiefs of Police, Inc. is requesting a donation from our forfeiture account to assist
them with their association's scholarship fund.
In accordance with Florida State Statute 932.7055 the department maintains a law enforcement trust fund, which contains the
Cash, proceeds of property forfeited to the agency pursuant to the Florida Contraband Forfeiture Act (FCFA). The statute
Provides that any law enforcement agency that acquires at least $15,000.00 pursuant to FCFA within a fIscal year must
expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse
education, drug prevention, crime prevention, safe neighborhood or school resource officer programs.
PROGRAM IMPACT:
FISCAL IMPACT:
State Forfeiture Funds in account 691-0000-04-25
Total donation requested $500.00
Police
Department Name
AL TERNA TIVES:
~.
/ Departmen ead's Signature
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
PRESIDENT
RICHARD M, LINCOLN
CHIEF OF POlJCE
LANTANA
VICE PRESIDENT
JOSEPH L. SCHROEDER
CHIEF OF POlJa
DElRAY BEACH
SECRETARY
STEPHEN J, STEPP
CHIEF OF POlJCE
PALM BEACH GARDENS
TREASURER
JAy C. PICKENS
CHIEF OF POlJCE
PALM SPRINGS
IMMEDIATE
PAST PRESIDENT
H,C. CLARK, II
CHIEF OF POlJCE
JUNO BEACH
PALM BEACH COUNTY ASSOCIATION
OF CHIEFS OF POLICE, INC.
/t//'1 t};L D
, f/ i
/
June 17,2005
Chief Marshall Gage
Boynton Beach Police Department
135 N.E. 1st Avenue
Boynton Beach, Florida 33435
h'~
Dear ~age:
As you are aware, our Association has made a longstanding commitment to
Palm Beach County students in their pursuit of college degrees relating to the
criminal justice field. In our June meeting we awarded five $1,000.00
scholarships to very deserving recipients.
This year's awards have depleted our Scholarship/Officer of the Year account.
Additional funds will be needed in order for the Association to continue this
very important initiative.
I would ask that you would consider making a contribution to our scholarship
fund. Asset forfeiture monies certainly qualifY and have in the past been
donated by supporting agencies.
Please feel free to cOntact me if you have any questions or suggestions On this
Issue.
Sincerely,
;<'d~
Chief Rick Lincoln
""""".""'''''......_''''''..'''''''''_'''''''''''_'o;o~'''...__'''_..''"__''"";'''''''''','''-"'...,".._.,>,".~..,',
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM H.
Requested City Commission Date Final Form Must be Tumed Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April S, 200S March 14, 200S (Noon.) 0 June 7, 200S
0 April 19, 200S April 4, 200S (Noon) 0 June 21, 200S
0 May 3, 2005 April 18, 200S (Noon) 0 July S, 2005
0 May 17, 200S May 2, 200S (Noon) ~ July] 9, 200S
Date Final Form Must be Turned
in to City Clerk's Office
May 16, 200S (Noon)
""~l
June 6, 200S (Noon) ~,
(_; i
--.'-~
-;-<
L.._
June 20, 2005 (Noon) r~
i
'". '-'-'
.... '_.~
-,"''1
July S, 200S (Noon)
I
Ul
0 Administrative 0 Development Plans
NATURE OF rgJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
)::":<ll
'"_.:~,,'"
~
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.-
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;_.:_"
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of
June 2005.
EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56,1 Exceptions to competitive bidding, Paragraph b, which
states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a
purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager",
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $ I 0,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, Assistant City Manager, and City Manager,
FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization as defIned in our City's Strategic Business Focus, This allows administration to maintain internal controls for
these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be
made.
AL TERNA TIVES: Revert back to the old bid threshold of $1 0,000,00,
~~.o
Assistant to e Director of Financial Services
Financial Services/Procurement
Department
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED JUNE 2005
1. Vendor: Fritz massie Fence Inc.
Requesting Department: Parks/CIP
Purchase Amount:
Contact Person:
$ 15,425,97
Jody Rivers
Brief Description of Purchase:
Fencing for Boynton Lakes and Meadows Parks' Playgrounds
Source for Purchase:
Three Written Quotes
Fund Source: 302-4299-580-63-05
CIP/Parks Improvements
Purchase Amount: $ 10,000.00
Contact Person: Mike Rumpf
2. Vendor: Michele Mellgren & Associates
Requesting Department: Development/Planning & Zoning
Brief Description of Purchase:
Study of Existing Properties Zoned M-1 Industrial District
Source for Purchase:
Competitive Quotes
Fund Source: 001-2414-515-49-17
Other Contractual Services
Purchase Amount: $ 13,050.0r
Contact Person: Yvonne Westerman
3. Vendor: Elite Fire & Safety Equipment
Requesting Department: Fire Rescue
Brief Description of Purchase:
Routine replacement of fire suppression hoses
Source for Purchase:
Three Written Quotes
Fund Source: 001-2210-522-52-67
Suppression Equipment
Purchase Amount: $ 14,173.99
Contact Person: Yvonne Westerman
4. Vendor: Home Fitness Headquarters
Requesting Department: Fire Rescue
Brief Description of Purchase:
Gym equipment for Fire Station 4
Source for Purchase:
Three Written Quotes
Fund Source: 305-4118-580-64-02
General Equipment
The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56,
and are now being presented to Com issi as required.
City Manager Approval:
Date:
q ~
7- 0'-0 "
Presented to Commission for information on July 19, 2005.
1 of 1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM I.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March ]4,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April ]9, 200S April 4, 2005 (Noon) 0 June 2], 200S June 6, 200S (Noon)
0 May 3, 200S April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17, 200S May 2, 2005 (Noon) rgJ July ]9,2005 Ju]y 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
rgJ
o
o
o
o
Consent Agenda
Public Hearing
Bids
0 Development Plans j~'T.,
'. ,
0 New Business ,-T_~J - -~J ---f
LJ'i :j-(
0 Legal L - .~ ---
I"~-- ~ ~.--
---
0 f"....,.~ '} ~-:q
UnfInished Business .- r:::::-J
0 :0
Presentation -
.-.-.~
Announcement
:S:~ (' ,-) -.-1
C:J
'----' -".....
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---,....,.rT-'"
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RECOMMENDATION: l'1;;
Motion to authorize the Utilities Department to turn over $63,461.75 in unpaid Utility and Refuse
billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance
for Uncollectible Account by that same amount.
City Manager's Report
EXPLANATION:
The $63,461.75 involves 289 accounts for the first six months (October 1,2003 to March 31, 2004) of
the fiscal year 2004. Attempts by the City to collect these past due amounts have been unsuccessful since
a majority of the accounts are from rentals and the customer has moved from the area.
The amount being deemed Uncollectible comprises less than one-half percent (actually 0.40%) of the
total amount billed during that period for water, sewer, Stormwater and refuse. We consider this an
acceptable ~oss when compared to neighboring municipalities, such as Deerfield Beach, Boca Raton,
Delray Beach and Lake Worth who consider an average of 'l'2% to 1 % loss in uncollected revenues to be
acceptable. Our percentage falls below that value, and is therefore within the local governmental
standard.
PROGRAM IMP ACT:
None
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
Minimal since the amount being deemed uncollectible is less than one-half percent of the total revenues
collected for that time period.
ALTERNATIVES:
Continue to carry the unpaid accounts in the Allowance of Uncollectible Accounts.
(J/
~
City Manager's Signature
V71L.f I'E-:f
Department Name
~
City Attorney / Finance / Human Resources
XC: Kofi Boateng (w/attachments)
Peter Mazzella "
Tony Penn "
Mary Munro, Finance Dept. "
City Attorney "
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
WRITE- OFF COMPARISONS
Commission Action Date
12/19/2000
2/5/2002
2/18/2003
7/15/2003
5/4/2004
1/4/2005
7/19/2005
'.
11/12/2004
Amount
251,140.27
147,344.24
166,687.46
130,561.06
56,814.61
34,337.02
63,461.75
Percentage of Revenues
0.54%
0.54%
0.57%
0.43%
0.37%
0.22%
0.40%
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VI.-CONSENT AGENDA
ITEM l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5,2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19,2005 April 4,2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) [g} July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [g} Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business I
.--...1
D Announcement D Presentation -J
D City Manager's Report
..
W
u:J
, '} _..~
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, > . ,..~~
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-~rn
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i"n
RECOMMENDATION: Commission consideration of the revised staff recommendations for Community :!:
Development Block Grant funding activities in preparation of the City's One Year Action Plan for FY 2005-2006.
EXPLANATION: At the July 5th City Commission meeting, City Commission re-allocated funding to applicants for
Public Service Activities which exceeded the 15% allowable grant amount of $90,348.30. Staff is recommending a
reduction adjustment of $5,000 to Aid to Victims of Domestic Assault (AVDA) and additional funding of $5,000 to
Boynton Beach Faith Based CDC. Please see the attached memorandum for full recommendation.
PROGRAM IMPACT: The Community Development Block Grant (CDBG) Program's purpose is to help the City of
Boynton Beach meet the needs of its lower income residents by offering a wide range of Community Development
Activities. These include, but are not limited to, infrastructure improvements, family development, public services,
housing and recreational needs, as well as fund administration by the City.
FISCAL IMPACT: The City Of Boynton Beach expects to receive $602,322 for this program to continue its
Community Development efforts.
ALTERNATIVES: The City Of Boynton Beach Would have to use ad valorem dollars, or would have to discontinue
its revitalization efforts.
~~ignann'
Development Department - Connnunity Improvement
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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DEPARTMENT OF DEVELOPMENT
Community Improvement Division
Memorandum
CID 05- 060
TO:
THRU:
FROM:
DATE:
RE:
Kurt Bressner, City Manager
Nancy Byrne, Deputy Director of Development jj.S
Octavia S. Sherrod, Community Improvement Manager -0 >&
July 6,2005
Recommended Corrections of July 5, 2005 City Commission
HUD Regulations mandates that no more than 15% of the total grant amount can be allocated for
Public Service. In this instance, that amount is $90,348.30. As you can see below, the Commission
approved amount exceeds the maximum allowable percentage.
PUBLIC SERVICE ACTIVITIES
AVDA
Committed Citizens Concerned, etc.
Community Caring Center
Summer Camp Scholarships
TOTAL
COMMISSION APPROVED
25,000
7,500
50,000
11,800
$94,300
STAFF RECOMMENDATION
20,000
7,500
50,000
11,800
$89,300
Aid to Victims of Domestic Assault (A VDA) has been recommended for a $75,000 Community
Development Block Grant from Palm Beach County Housing and Community Development.
Therefore, staff is recommending that AVDA be reduced by $5,000, and those funds be added to the
Boynton Beach Faith Based CDC as oriQinally recommended by the Commission.
BB Faith Based CDC................................................ $ 70,000
PBC Resource Center .................... .................. ........... 25,000
R M Lee CDC ..............................................................80,000
Planning & Admin...................................................... 110,464
Fair Housing Center .................................................... 10,000
HousinQ & Rehab Delivery ........................................ 217.558
SUB-TOTAL......................... ................................... $513,022
PUBLIC SERVICE .................... .............. .................... 89,300
TOTAL............ .......................................... $602,322
OSS:dar
S~~~~~~8GAftwf...s..!OO5..tiol
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RESOLUTION NO. 05- oqq
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, SUPPORTING THE
REQUIREMENT THAT ALL FUTURE
MUNICIPAL BUILDINGS AND STRUCTURES
SHALL BE DESIGNED TO \VITHST AND WIND
LOADS IDENTIFIED IN ASCE 7-98, EXPOSURE
C; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, during 2004, the City of Boynton Beach, and much of Florida,
was subjected to damaging hurricane force winds, and
\VHEREAS, it is desirable to ensure that City facilities are constructed in a
superior manner in order to survive future hurricanes; and
\VHEREAS~ the City of Boynton Beach operates numerous public facilities that
serve the needs of the community and are designated as essential facilities by the Florida
Building Code; and
\VHEREAS, The Florida Building Code provides guidance relative to design
standards for building construction in the State of Florida; and
WHEREAS, the Florida Building Code makes reference to structural and wind
load design standards in the American Society of Civil Engineers (ASCE) publication
titled Minimum Design Loads for buildings and Structures, ASCE 7-98; and
WHEREAS, the Florida Building Code and ASCE standards provide guidance
towards construction standards for municipal facilities as well; and
WHEREAS, the City Commission has determined that it is in the best interests of
the public health, safety, and welfare to support the requirement that all future municipal
buildings and structures constructed by the City of Boynton Beach shall be designed to
withstand wind loads identified in ASCE 7-98, Exposure C.
:\CA\RESO\Wind Load Buildings.doc
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VI.-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 r' June 2 I, 2005 June 6, 2005 (Noon)
April 19,2005 April 4, 2005 (Noon) --"
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) r8J July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF r8J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Approve Resolution XX-XXX that requires that wind load design standards for any and all future
essential municipal buildings and structures be designed according to Exposure C of the American Society of Civil Engineers
(ASCE) publication titled Minimum Design Loads for Buildings and Structures, ASCE 7-98. The City shall consider the
design parameters of all other future facilities that are not considered "essential" by the Florida Building Code on a case-by-
case basis.
EXPLANATION: At its June 21, 2005 City Commission meeting, the City Commission approved a resolution amended by
staff that addressed concerns of several Commission members. However, the City Attorney has opined that the public was not
properly advised at the Commission meeting that an alternative resolution to the one placed onto the agenda was being
considered. Therefore, this matter is being referred to the City Commission for re-adoption solely for the purpose of allowing
proper public review and discussion.
City Manager's Signature
Public Works & Engineering
~
ity Attorney / Finance / Human Resources
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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RESOLUTION NO. 05- () '1 '1
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, SUPPORTING THE
REQUIREMENT THAT ALL FUTURE MUNICIPAL
BUILDINGS AND STRUCTURES SHALL BE
DESIGNED TO WITHSTAND WIND LOADS
IDENTIFIED IN ASCE 7-98, EXPOSURE C; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, during 2004, the City of Boynton Beach, and much of Florida, was
subjected to damaging hurricane force winds, and
WHEREAS, it is desirable to ensure that City facilities are constructed in a superior
manner in order to survive future hurricanes; and
WHEREAS, the City of Boynton Beach operates numerous public facilities that serve
the needs of the community and are designated as essential facilities by the Florida Building
Code; and
WHEREAS, The Florida Building Code provides guidance relative to design standan~
for building construction in the State of Florida; and
WHEREAS, the Florida Building Code makes reference to structural and wind load
design standards in the American Society of Civil Engineers (ASCE) publication titled Minimum
Design Loads for buildings and Structures, ASCE 7-98; and
WHEREAS, the Florida Building Code and ASCE standards provide guidance towards
construction standards for municipal facilities as well; and
WHEREAS, the City Commission has determined that it is in the best interests of the
public health, safety, and welfare to support the requirement that all future municipal buildings
and structures constructed by the City of Boynton Beach shall be designed to withstand win
loads identified in ASCE 7-98, Exposure C.
S:\ \RESO\Wind Load Buildings rev (1).doc
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
Each Whereas clause set forth above is hereby ratified as being true and
correct and incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach acknowledges and
approves the requirement that all future municipal buildings classified as Essential Facilities by
the Florida Building Code, shall be designed to withstand wind loads identified in ASCE 7-98,
Exposure C. All other future buildings not classified as Essential Facilities will be considered
individually prior to design to determine if it is in the best interest of the City to design and
construct those buildings to a more stringent standard. This policy shall apply only to new
facilities that have not entered the design phase as of the date of ratification of this Resolution.
Section 3.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
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RESOLUTION NO. 05-0QQ
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, SUPPORTING THE
REQUIREMENT THA T ALL FUTURE
l\'IUNICIP AL BUILDINGS AND STRUCTURES
SHALL BE DESIGNED TO WITHSTAND WIND
LOADS IDENTIFIED IN ASCE 7-98, EXPOSURE
C; AND PROVIDING AN EFFECTIVE DATE.
\VHEREAS, during 2004, the City of Boynton Beach, and much of Florida,
was subjected to damaging hurricane force winds, and
\VHEREAS, it is desirable to ensure that City facilities are constructed in a
superior manner in order to survive future hurricanes; and
WHEREAS~ the City of Boynton Beach operates numerous public facilities that
serve the needs of the community and are designated as essential facilities by the Florida
Building Code; and
\VHEREAS, The Florida Building Code provides guidance relative to design
standards for building construction in the State of Florida; and
WHEREAS, the Florida Building Code makes reference to structural and wind
load design standards in the American Society of Civil Engineers (ASCE) publication
titled Minimum Design Loads for buildings and Structures, ASCE 7-98; and
WHEREAS, the Florida Building Code and ASCE standards provide guidance
towards construction standards for municipal facilities as well; and
WHEREAS, the City Commission has determined that it is in the best interests of
the public health, safety, and welfare to support the requirement that all future municipal
buildings and structures constructed by the City of Boynton Beach shall be designed to
withstand wind loads identified in ASCE 7-98, Exposure C.
:\CA\RESO\Wind Load Buildings.doc
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
Each Whereas clause set forth above is hereby ratified as being true
and correct and incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach acknowledges
and approves the requirement that all future municipal buildings and structures
constructed by the City of Boynton Beach shall be designed to withstand wind loads
8
identified in ASCE 7-98, Exposure C. This policy shall apply only to new facilities that
9
have not entered the design phase as of the date of ratification of this Resolution.
Section 3.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this AL day of Ju () e...
,2005.
CITY OF BOYNTON BEACH, FLORIDA
);:;oner
'C:
Commissioner
~-----::;~
ATTEST:
m.~
S:\CA\RESO\Wind Load Buildings.doc
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO:
Kurt Bressner, City Manager
FROM:
Jeffrey Livergood, Director of Public Works and Engineering
SUBJ:
City Building Wind Load Design Criteria, Alternate Resolution
DATE:
June 17,2005
Today; during the City Commission's Pre-Agenda meeting, the Commission discussed
Consent Agenda Item C. 7 regarding wind load designs for future City building. In
particular, Commissioner Ferguson suggested that he would not be in favor of the
proposed resolution. I have reconsidered the proposed resolution and I believe there is an
opportunity to modify it such that the requirements for futlJre buildings are not so
stringent, yet protect the critical municipal services performed in essential facilities.
I continue to believe that it is appropriate to exceed design standards outlined in the
Florida Building Code (FBC) for those facilities that are considered "essential". The
FBC requires that all essential facilities be designed to a wind load standard that is 15%
greater than would otherwise be required. ASCE Standard 7-9, Exposure C, is the next
design threshold that is more stringent. I believe that we should consider designing all
future essential facilities according to the ASCE standard. City facilities that would be
considered essential, and be designed to the higher standard would be limited to Police
and Fire facilities as well as Utility buildings necessary to provide critical utility services.
If a facility is not considered to be essential according to the FBC, then the new
facilitylbuilding must still be designed according the FBC. Staff recommends that all
future non-essential facilities be considered individually to determine the standard to
which the building will be designed and constructed.
Therefore, I propose the attached alternate resolution for Commission consideration. This
resolution offers the following two components.
I. Only essential future City facilities shall be designed according to ASCE 7-98,
Exposure C.
2. All other future City facilities shall be designed to applicable provisions of the
FBC. Each non-essential facility can be designed in the future to a higher
standard if, after evaluation of the facility's use and purpose, it is deemed
desirable to do so by the City Commission. In other words, non-essential
facilities would be evaluated on a case-by-case basis.
)'lOW, 'fl\.",REfORE, II'" rr ll."'SOl,Yf,D BY 'Ill~: CrrY COI'A~\lSSl01'l
Of 'IIll', Cll'Y 01' 1I0Y)'l'I0)'l IIE^CII, fl,OlUD^ 'I1I^ 'I:
1
2
3
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Each Whereas clause set forth above is hcIcby ratifled as being true
8 identified in ^SCE 7-98, Exposure C This policy sball apply only to neW facilities that
9 have not entered the design phase as oftbe date oftatilication ofthis Resolution,
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This Resolution shall take effect immediately upon passage,
P ^SS"'D N'lD ^DOP'f"'D tIlis JU- day of ~-------' 2005.
CITY OF BOY1'lT01'l BEACH, FLORIDA
ayor
~'
/'
'0
commissioner
ATTEST:
Yn.~
S:\CA\RESO\Wind load Buildings.doc
TO:
PUBLIC WORKS DEPARTMENT
MEMORANDUM
FROM:
Kurt Bressner, City Manager
DATE:
June 17, 2005
Jeffrey LivergoOd, Director of Public Works and Engineering
City BUilding Wind Load Design Criteria, Altemate Resolntion
SUBJ:
If a facility is not considered to be essential according to the PBC, tben tbe new
facilitylbnilding must still be designed according the PBC. Staff recommends that all
futnre non-essential facilities be considered individually to deteonine tbe standard to
whicb the bnilding will be designed and constructed.
1 continne to believe tbat it is apProPriate to exceed design standards outlined in the
Florida Building Code (PBC) for those facilities that are considered "essential". Tbe
FBC requires that all essential [acilities be designed to a wind load standard that is 15%
greater than would otherwise be required. ASCE Standard 7-9, EXPOsure C, is the next
design threshold that is more stringent. I believe that We should consider designing all
ii/ture essential [acilities according to the ASCE standard. City facilities that Wonld be
considered essential, and be designed to the higher standard would be limited to Police
and Fire facilities as Well as Utility bnildings necessary to Provide critical utility services.
Today, during the City Commission's Pre-Agenda meeting, the Commission discussed
Consent Agenda Item C. 7 regarding Wind load designs for future City bUilding. In
PartJCular, COnlllllSSlOner PergnSon Suggested that he would not be in faVor of the
ProPOsed resolution. I have reconsidered the propOsed resolution and 1 believe there is an
opportunity to modify it such that the requirements for future bUildings are not so
Stringent, yet Protect the critical municipal services perfooned in essential facilities.
Therefore, I propose the attached alternate resolution lor Commission consideration. This
resolutiou offers the fOllowing two componeuts.
1. Only essential future City facilities shall be designed according to ASCE 7-98,
Exposure C.
2. All other future City facilities shall be designed to applicable provisions of the
FBc. Each non-essential facility can be designed in the future to a higher
standard if, after eValuation of the facility's Use and Pl11pose, it is deemed
desirable to do so by the City Commission. In other Words, non-essential
facilities Would be evaluated On a case-by-case basis.
VI.-CONSENT AGENDA
ITEM_ C. 7
CITY OF BOYNTON BEACH ()L-l::> ;:r::r~''1
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requesled City Commission Dale Final Fonn Must be Turned
Meelinl! Dal~ in to CilY Clerk's Office Meetinl!: Dates in to Ci!y Clerk's Offi~
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May J 6,2005 (Noon)
0 April 19,2005 April 4, 2005 (Noon) rz1 June 21,2005 June 6, 2005 (Noon)
0 May 3, 2005 Apri118,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2,2005 (Noon) W July 19,2005 July 5,2005 (Noon)
NATURE OF
AGENDA ITEM
, -
:::=-~ C)-~
C.I1 :::::;:-<
0 Administrative 0 Development Plans L.. ~<c~
......~--~ '.-" ,\
rz1 Consent Agenda 0 New Business <'- C;..':i
I "e)
0 Public Hearing 0 Legal rv >
0 0 .-':Z
Bids Unfinished Business ::.-~ ...-~
-.; .
-'
0 Announcement 0 Presentation :=) :-c
~'-i
0 City Manager's Report C,) ~2g;
('")1>
C.0 r;'io
--'-
RECOMMENDATION' AppwV< R"olotion XX-XXX that <<qui<<' that wind load de,ign ,tondMds fo' ony ,nd ,11 fulme
monidp.1 bod ding' ond ,tructmes be d"igned .con,ding to Expo,me C of the Ameri"n Sodety of Ovil Engmee" (ASCE)
publication titled Minimum Design Loads for Buildings and Structures, ASCE 7-98.
EXpLANATION, A'. ,esu1t on",t hll', busy luuricone =,on, City ,t.ffb" been <<qu"ted to evo]o.te dc,;gn
,tond",d' fo' monicip" building' ond ","cto<<'. nn, excrci" i, intended to detennine if it i, dem.bIe fwm · poIicy
p",,,,,,ctive to fortify fut...e Oty boddin", .nd ","clm" to be""' withst..d hurric,,'" ^,. loc.1 goveming body, the City
ofBoynton Bcocb pwvid" many ,,<Vice, to the onnununitY. A numhcr of these ,,<Vice' Me cri""l to tbe ,.fety ond well
being of our residents-
The Florida Boilding Code (FBC) pwvide' guidance <<I.tive to d"ign ,t,nd.,ro, fm .11 bui1dm", ,nd ","ctIDeS that '"
d"igned..d co",tructed m the State of Florid.. The FBC "'" gnide' the ,truclm.l ,nd wind lo.d de,;gn offoeiIiti" that Me
"""".Ily d"ignated '" """",,.1 foeiliti,,". The FBC ,equrr" that.1l """ti.1 f.dliti" be ,"igned on Importmee Foet... of
15% ,och that th"wmd lo.d de,ign is 15% ...exte< than what the Code would othe<Wise "quite. The FBC identifi" the
following essential facilities:
1. Hospital and other medical facilities having surgery or emergency treatment areas
2. Fire or rescue and police stations
3. Primary connnunication facilities and disaster operation centers
4. power stations and other utilities required in an emergency
Obvioo,ly, the City ope"t". numbct off.ciIiti" that, both now..d in the futme, Me cl",ified" e"enti" f""iliti".
The<efo<<, .cco<ding to the me, .ll fuMe City f.ciliti" in the" cotegmi" would be d"igned with the 15% importance
factm. Howev"" it i, ,tall', opinion that other futtrre City foediti", ,mould .]'0 be d"igned ..d con,tructed to · mo<< rigid
,et of ",ndMd,. Each ond every facility ]>>'Ovid" . voloed commonity =vice. Fo' example, Recre.tion bui1din", may be in
demand to ,""port 0_ City ",'p""" acliviti" following a "",uophic luuric..e event. Furthenno<<, it is d"itab1e to
continoe City """""',, " .,.,.r following' "ono event. By <<turning to nonna1 City =vic" '" quickly '" po,,;ble, we
'ould have a positive impact on our residents.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.OOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
A, nOled, Ihe FBC 'eqni", 'b" wt,in bnilding, 'nd "'""u,,, '0 be eon,id"ed" ""'nh,1 f"ilih". Wb"", I!>e City
"""01 extend llie definition of "",n'i,1 f"iliti" 10 otli" p'iv,,, "rueho", We "n ""'inly imp"I tbi, definihon onto ,))
City f"i1iti" ifwe '" ehoo", 'od th"eby i",<e,", tbe;, d"igo "qu;,emeOf' iu 'he fu'",e.
T!ie" i, howeve<, 'u eVeo mme '"ingeol d"igu ",od"d th,o the d"igo"iou of e"eoti,1 f"ility. Ch'pI" 160 1 (S"u"""I)
snd Chapl" 1606 (W ind I.o,d) of the FBC botl, "re,. 10 the Ameri"n Society of Civil Engin"" (ASC!') puhb"tion titled
Minimum Design Loads for Buildings and Structures, ASCE 7-98. T!ie FBC ioeo'PO"", d"igo ",nd"d, of ASCE ],98.
Tbe n""t '"in gent d"igu P'''met" i, fo, Ibo", 'true"'", 10e"ed wilbin 1 ,500 feet of tbe eO"Iline 'ud witb 'peci fied wiud
'peed, d.oing Imee-",cond gu",. The ",ud"d i, 'pplied 'u variou, type, of "cbi,ec"'"I d"igo. The cunw 'enninology foo
thi, Zone i, ExpO",oe C. De,ign P'''me"" fo, Expo,u" C cou,id" wind load, at V"iou, heights 'bove ",ound level. Tlie
d"igu ",nd"d, fo, Expo,n" C '" f'idy comp"hensive 'nd we)) undeWood by the engineering p'ofe",ion. Th"efme, if
the C;Iy Comnri"ion believ" i' 'ppmpri,,, to ens"'e eoh,nced d"ign of fu'",e C;ty f"ilhi", Ihen S'sJhecommend, th" ,/I
f"iliti" be d"igned to mee, ,he ",od"d, identified in ASCE 7-98, Expo'",e C.
PROGRAM IMPACT, Fu",,, City f"i1i1i" 'nd "rue""" would be d"igoed '0 wi'h",nd mo" ",Ve" wind 10'd, b'",d
upon 'pecific "cbheCIU"I!"",c"",1 de,i,.,. T!ii, wil! likely ,/low City ",'vice, to Conlinue fo))owing mo" 'ev"e huni"ne
storm events.
.~SCAL IMPACT, 1 I i, f'idy difficul',o identiJY in""",d eo,,, '''oci''ed wi'h u,ing ""'" '"ingen' d"ign 'I,nd"d,
be"u", e"h f"ility wil! be d"igned diflheutly to "''';e , multi",de of ","'ice,. S'affh" di"u'",d thi, wi'h one of Ibe
City', "dutce"o,1 cun",,,,,,ts 'nd We h,ve de'ennined ,hat lhe ,dded eo" to eoh.n" the "nKtu,,1 ""oglb" P'opO",d
wi)) V"y fmm 10% '0 25% g""" Ib,o tl>e oonnal CO". T!i"efo", 'hould the C;ty decide in 'be Ii,to" to d"igo ood boild,
oew f"ility with '0 "'Uns'ed cos, of $5 . OM, tbeo the pmpo",d d"igo ch,oge would ,dd 'n 'ddition,J $500,000 to $1.0'" to
the design and construction cost.
ALTERNATIVES, The exi,tiog FJorid. Building COde h" very ",iet wind lo,d d"ign ",nd"", " i, i,. The Cily c""
d,oo", 10 u"lize 'he e"""ti.J f"ility d."jfi"'ion ti" 01/ City bUilding,. T!ii, Would in",,", the CO" oflbose building by
,omewh", between 5% and 15%, 'g'in dependiog upon the '<em'ectn"V'fruchual d"igo. T!ie City i, not "<JUUed to 0",
hpo,"" C of ASCE 7-98 in ,,"y'<<nario. T!i"efo", the City Comm;"ion c"" choo", to continne to u"' the Flo,id.
Building Code" eunentlY'Witten .nd '"1/ .dlie" 10 ""on'ble ,,"d "cepted d"igo ".ndo'd,.
C;V 'J ~
City Manager's Signature
-
Public Works & Engineering
City Attorney / Finance / Human Resources
IBULLET1N\FORMS\AGENDA lTEM REQUEST FORM.DOc
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D i,.b VG. rz.~,e>w
RESOLUTION NO. 05-
A RESOI-,UTION OF THE CITY OF BOYNTON
BEACH, FLORJDA, SUPPORTING THE
REQUIREMENT TJJA T Al~L FUTURE
MUNICIPAL BUILDINGS AND STRUCTURES
SHALL BE DESIGNED TO \VITHST AND WIND
LOADS IDENTIFIED IN ASCE 7-98, EXPOSURE
C; AND PROVIDING AN EFFECTIVE DATE.
\VHEREA during 2004, the City of Boynton Beach, a much of Florida,
was subjected to damag g hurricane force winds, and
WHEREAS, it is d irable to ensure that City f:
superior manner in order to surv.ye future hurricanes. nd
serve the needs of the community and a e de 19nated as essential facilities by the Florida
Building Code; and
standards for building constructi
WHEREAS, the Fl da Building Code makes eference to structural and wind
load design standards i the American Society of Civil . neers (ASCE) publication
titled Minimum Desi n Loads for buildings and Structures, AS 7-98; and
S, the Florida Building Code and ASCE standa ds provide guidance
towards con ruction standards for municipal facilities as well; and
EREAS, the City Commission has determined that it is in the b
ublic health, safety, and welfare to support the requirement that all future
uildings and structures constructed by the City of Boynton Beach shall be desi
withstand wind loads identified in ASCE 7-98, Exposure C.
:\CA\RESO\Wind load Buildings.doc
OLl':.>. \)EiC>'O~
1
NO'V, THEREFORE, BE IT RESOLVED UY THE CITY COMMISSION
2
F THE CITY OF BOYNTON BEACH, FLORIDA THAT:
3
Each Whereas clause set forth above is hereby ratified as
4
ct and incorporated herein by tills reference,
5
The City Commission of the City of Boynton B
6
and
e requirement that all future municipal bl. dings and structures
7
ity of Boynton Beach shaH be design a to withstand wind loads
8
identified in ASCE 7-
Exposure C. This policy shall pply only to new facilities that
9
have not entered the design hase as of the date of ra 'fication of this Resolution.
10
Section 3.
This Res lution shall tak effect immediately upon passage,
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PASSED AND ADOPTE
day of -_____.unu _______, 2005.
Y OF BOYNTON BEACH, FLORIDA
Commissioner
S:\CA\RESO\Wind Load Buildings.doc
VII.-CODE - LEGAL
SETTLEMENT
CITY OF BOYNTON BEACH ITEM A..
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be
Commission Meetina Dates Turned in to City Clerk's Office
Requested City Commission Date Final Form Must be
Meetina Dates Turned in to City Clerk's Office
0 April 5, 2005
0 April 19, 2005
0 May 3, 2005
0 May 17, 2005
March 14, 2005 (Noon.) 0 June 7, 2005
April 4, 2005 (Noon) 0 June 21, 2005
April 18, 2005 (Noon) 0 July 5, 2005
May 2, 2005 (Noon) ~ July 19, 2005
May 16, 2005 (Noon)
C)
June 6, 2005 (Noon)~ !
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June 20, 2005 (Noonf-
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July 5, 2005 (Noon)
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o Administrative
o Consent Agenda
~ Public Hearing
o Bids
o Announcement
o City Manager's Report
RECOMMENDATION: Staff recommends the reduction of liens on the property identified as Lot 65, Block 21,
Rolling Green Ridge First Addition, PCN 084345 1601 021 0650. This property currently has lot mowing fees
in the amount of $1,605.60. The property is currently in compliance.
NATURE OF
AGENDA ITEM
0 Development Plans
0 New Business (..11
0 Legal
0 Unfinished Business
0 Presentation
:J::
EXPLANATION: This property was previously deeded to the City of Boynton Beach by Palm Beach County who
took ownership as a result of delinquent taxes. The established procedure has been to convey title of buildable
lots to local nonprofits such as Habitat for Humanity, the Boynton Beach Faith Based Community Development
Corporation, or directly to the approved owner. A title search by the City Clerk's office on behalf of a perspective
homeowner revealed that a previous owner had incurred assessments that had not been paid to the city.
This property has been selected by a potential homeowner who has been .qualified by Fidelity Federal Bank &
Trust for a construction mortgage.
PROGRAM IMPACT: A newly constructed dwelling valued at $143,612.
FISCAL IMPACT: The city currently receives no taxation from this property; therefore this would be an increase
to the lax base. U~.
City Manager's Signature
Department of Development
Community Improvement Division
Department Name
City Attorney / Finance / Human Resources
5: \Community Improvement\Agenda Requests\200S\ CC7-S-0SWarrenLot.dot
LOT MOWING LIEN CALCULATIONS
NUMBER OF DAYS INTEREST TOTAL DUE
LIEN #S ORIGINAL LIEN AMOUNTS SINCE L1ENED CALCULATION WITH INTEREST
8% PER ANNUM
96-40 155.00 2980 101.24 256.24
96-41 155.00 2980 101.24 256.24
01-16 180.00 2980 117.57 297.57
01-17 167.50 1620 59.47 226.97
01-18 167.50 600 22.03 189.53
01-28 167.50 600 22.03 189.53
03-06 167.50 600 22.03 189.53
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
TOTAL
1,160.00
CASHIERS CODES
LL ( Lot Mowing Liens)
i3 (Interest)
Total Due
445.60
1,605.60
1,160.00
445.60
It 1,605.60
,--'>/ .~' ......
Fidelity National Title
12773 W ForesthiIl Blvd. # 108
Wellington, FL 33414
561-753-5583 phone
561-753-7360 fax
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City of Boynton Beach
100 R Boynton Beach Blvd.
Boynton Beach, FL 33435
Attn: City Clerk
Re: Owners: The City Of Boynton Beach
Property Address: 2071 Nw 2nd Street, Boynton Beach, F13340l
Purchaser: Wendell Warren
Legal Description: Rolling Green Ridge 1 st Add Lt 65 Blk 2 I
File Number: 01602189
Folio Number: 08-43-45-16-01-021-0650
To Whom It May Concern:
Please advise us if the above referenced property is up to date on all municipal fees and
assessments. If there are amounts due, please advise us of the amount to collect as of
July 5, 2005.
A faxed response, if possible, would be greatly appreciated.
Please do not hesitate to contact me should you require further information on this file.
Kindest regards,
l\ .BI~u
Melissa Biermann
Escrow Assit.
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Madden, Barbara
From:
Sent:
To:
Cc:
Subject:
Madden, Barbara
Thursday, July 07, 2005 11 :56 AM
Swanson, Lynn
Prainito, Janet
Lot Mowing Liens
The City received property from the County on January 13, 2004 which has lot mowing liens on them. The City Clerk's
Office received a request for Municipal Lien Search, as it appears that one Wendell Warren is purchasing the property.
Please let me know how to handle this. The purchaser thinks they have to payoff the liens in order to purchase the
property, but usually the owner of the property pays off any liens, which is the City in this case. There are six lot mowing
liens outstanding as listed below:
l 08-43-45-16-01-021-0650 IQtUNG GREEN RIDGE lST~NjR96-71 96--40,6d1/96 96-41 R~l-
45, 01-16,3/13/01 01-17 01-18 01-28 R03-144, 03-06, 10/17/03
155.00 155.00 $242.50 $180.00 $142.60 167.50 RJL Financial Group 517
SW pt Avenue Fort Lauderdale, FL 33301 was the previous owner.
Thanks.
~H~
1
Palm Beach County Property Appraiser Property Search System
Page 1 of 2
~~''''~IIl!!~t10f<rir;r~, \:.:F.\ Proper1v Apprai~e"5 P~b'lc 1.;:::;:05 Sntam
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Property Information
Location Address: 2071 NW 2ND ST
Municipality: BOYNTON BEACH
Parcel Control Number: 08-43-45-16-01-021-0650
Subdivision: ROLLING GREEN RIDGE 1ST ADD IN PB 24 PGS 223 TO 226 INC
Official Records Book: 16533 Page: 1504 Sale Date: Jan-2004
l.egi:lIPeScripJion: ROLLING GREEN RIDGE 1ST ADD L T 65 BLK 21
Owner Information
Name: BOYNTON BEACH CITY OF
'~~,I
Mailing Address: PO BOX 310
BOYNTON BEACH FL 33425 0310
~I
. ,'- . -.," , . -. ,. - <".< -. ~. ..
Sales Information
Sales Date Book/Page
Price Si:lleTYPe
Owner
~I
Jan- 2004165331J504
Jul-2003 156121730
Aug-19950893:U0139
$0
$0
$100
WARRANTY DEED PALM BEACH COUNTY
QUIT CLAIM
COUNTY DEED
BOYNTON BEACH CITY OF
Exemptions
Full: Municipal Government $26,659
Total: $26,659
Year of Exemption: 2005
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
I..fSeCode: 8900
Tax Year 2004
'Number of Units: 0
*Total Square Feet: 0
Description: MUNICIPAL
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
-
2Q,04
~
~1
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
Record Search f Information I Exemptiom; I~ommunity I Employment I New Home Buyer I Office LO,cations
~ _'_____I
http://www.co.palm-beach.fl.us/papalaspx/web/detaiCinfo.aspx ?p_entity=084345160 1 021 0... 7/6/2005
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RESOLUTION l'\ONB- I ~ &.t
II
:!
A RESOLUTION OF THE CITY OF BOYNTON
BEACH. FLORIDA ASSESSI~G THF. COSTS OF
ABATEMENT Of CERTAIN NUISANCES
AGAf:\IST THE OW:-.lERS OF THE PROPERTIES
I:--lVOL VED; PROVIDrNG FOR AN
ADDITIONAL ADMINISTRATIVE FEE PRJOR
TO RECORDA Tl0~ OF LIENS; AI\n
PROVIDING AN EFFECTIVE DATE.
WHEREAS. the City Manager or his designated representative. acting on behalf
f the City, has pursuant to Section 10.5 of the Code of Ordinances of the City of
oynton Beach, found and determined that the condition of certain property or parcels of
and as hereinafte" desrribL-d violate Ser.tion J 0-2 and 10-3 of said Code by reason of the
xistence of excessive growth of weeds. grass, \'cgetation or other noxious plants or other
ffensive substance detrimental to the health and welfare of the residents of the City,
hereby conslltuting a nuisance; and
WHEREAS, the owners of the parcells) of property hereinafter described were
uly noufied in accordance with Section 10-5 of the City Code of Ordinances and were
equired to abate the nuisance; A:--lD
WHEREAS, said nUisance was not abated .s required; and,
WHEREAS, pursuant to, and in accordance with the_ procedure set forth in
hapter 10 of the Code of Ordinances of the City of Boynton Beach. the City abated said
uisance: and
WHEREAS, the property owners were then Invoiced by the Finance Department
n two occasions, with no response. The bills were then were forwarded to a collection
geney in an effort to recoup these costs. which efforts were also unsuccessful. On July
II, 2003. all of the property owners listed in the allached Exhibit "An were sent letters
ffering them an opportunity to remit within 30 days in order to aVOId incuning a lien on
heir property: and
WHEREAS, the City ~anager or his authorized representative has made d report
fcosts actually incurred by the City and abatement of said nuisance as to the property(s}
nvolved, which IS described in Exhibit "A" attached to this Resolution; and
I WHEREAS. upon passage of this ResoJut;o."l. the property owners will be
I furnished with a copy of thiS Resolution. and gIVen ont more opportunity to remll all
. Fosts associated with the ahatement in full within 30 days of the passage of the
Resolution. before transmittal to the County for recordation of Liens: and
is\CA\AESO\~''9'sl.tNe "'=~onI\Nulsanca '-'blJemern LIens OIlOl03.doc
,
I;
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Book16043/Page166
Page 1 of 6
: I WHEREAS, at the time of recordation of liens in the Public Records of Palm
! ~each County. the City C lerk's 0 ffice w ill add a n additional administrative fee in the
: iunount of S30.00 to each Lien; and
II
, . NOW. THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION
OF THF. CITY OF BOV~TON BEACH. FLORIDA AS FOLLOWS:
I
/' ! Section I: Each Whereas clause set forth above is true and correct and
~ncorporated herein by this reference.
; I Section 2: The amount of costs incurred by the City and the abatement of the
i rbove-described nuisance as to the parcels of land, owned and indicated to wit:
: I
I SEE ATTACHED COMPOSITE EXHIBIT "An
, I
,
. I
I
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,
1
(Charges cover Invoices dated October 2000 through December 200 1 )
Subject amount is hereby assessed as liens. against said parcels of land as
indicated. plus an additional administrative charge of $30.00 for each
Lien. LiensshaJl be of equal dignity with the taxes therefrom for the year
2000 and 2001. depending on invoice date. and shall be enforced and
collected in like manner pursuant to applicable: provisions of law. In the
event collection proceedings are necessary, the propeny owner shan pay
all costs of (he proceedings. mcll1ding reasonable attorneys fees.
S~ction 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ da)' of August. 2003.
If
. !ATTEST:
CITY rB~Y~ BrCH; FLORIDA ,
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Vice Mayor
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Commissioner
! S.'CA DnIJINu.satlce Abalem""ll,ena 080103.doc
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Book16043/Page167 Page 2 of 6
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County Deed
Florida Statute Section 125.411
02/10/P.e04 101071.H ~N73706
OR BK 16533 P6 1504
Pal. B~ach County. Flo~ida
Do~othy H Wilken. Clp~k of Cou~t
RETURN IQ:
STEVEN K. SCHlAMP
PALM BEACH COUNTY FACIL DEVEl. & OPER. DEPT.
PROPERTY & R~TATE MANAGEMENT DIVISION
3323 BELVEDERE. '3~. BUilDING 503
WEST PALM ~.. r~'B3406'1548
.~ -1\.
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PARCEL CONTRt?~~9..~ER; OB-43-45-16.()l-021_0650
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THIS\beED,f ~de JAil Ii 2114 . by PALM BEACH COUNTY,
FLORIDA, a pOlitical ~d1vlsion of the State of Florida, whose legal mailing address is 301 North
Olive Avenue, West Pwrff)each, Florida 33401-4791, party of the first part, and the CITY OF
BOYNTON BEACH. a'municipal corporation, whose legal mailing address is 100 E. Boynton
Beach Boulevard, P.O. B~~~, Boynlon Beach. Fl 33425. party of the second part.
\.......~.
WIT N E S S E(t.:it'l That the said party of the first part. for an in consideration of
the sum of Ten and 00/100 ($W;.Q:Ptpollars to it in hand paid by the party of the second part, the
receipt whereof is hereby ackn~fe<:tged, has granted, bargained and sold to the party of the
second part, Its successors and as.s~ forever, the following described land lying and being in
Palm Beach County. Florida: ~r;:>)
""'
. R20D4
OD97
COUNTY DEED
ROLLING GREEN RIDGE 1 STAPP L T 65 BLK 21. THE ABOVE BEING THE
REAl PROPERTY DESCRIBEh.t;l.NOER TAX CERTIFICATE NUMBER 10573
IN THE TAX DEED RECOROEd.~~F-;FICIAL RECORD BOOK 15619. PAGE
730, PUBLIC RECORDS OF PA~~~~~H COUNTY. FLORIDA.
Reserving, however, unto party of the first pa~';;-:~%8ssors and assigns an undivided three-
fourths interest in, and title in and to an Undjv.dt!\.~fourths interest in, all the phosphate,
minerals, and metals that are or may be in, on. o~~na~r the said land and an undivided one-half
interest in all petroleum that is or may be in, 0 :'(Oi)'under said land. The aforementioned
. 'I
reservation of phosphate, mineral, metals and petro " '. . '. Jltp shall not include and party of the
first part hereby expressly releases any and an rights ~e~and rights of exploration relating to
such phosphate, minera', metals and petroleum rights." ..-....
(.')\
IN WITNESS WHEREOF. the said party of the-1:IJ:~l?firt has caused these presents
to executed in its name by its Board of County Commiss~:nef,$. acting by the Chair or Vice
Chairman of said Board, the day and year aforesaid. .>::.}.
\.{-'l:~..<..~\
ATTEST: PALM BEACH COUNTYF\Q:BJ.pA, a
Political Subdivision of th~::stafeof Florida
DOROTHY H. WILKEN, Clerk
By: ~~ C. .~ ~rnO~SIONERS
Deputycreo1<~._. "'~f~ e T. Ma",u., Chair
f.~i ~~ ~(.'-s- .'CI>1
~o! COUNTY i~ FFICIAL SEAL)
Y~'.. 1:10RID~ /0
APPROVED AS TO FORtv}'I,~..'.',. .....$
AND LEGAL SUFFICIENCy..~e9 .......... ~~~
l~,-\,""~,,,,~..;o
~
~unty Attorney
G:\Propeoty Mgml Sectlon\OlSpOSi1iona1BoynIcnBeach.falr2003ICountyOeed.Convey 10f3.011304.doc
Book16533/Page1504
Page 1 of 1
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date FinalForm Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon)
0 April 19,2005 April 4,2005 (Noon) 0 June 21, 2005 June 6,2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) l8J July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM l8J Public Hearing l8J Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 19, 2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject request
be approved on June 28, 2005. Further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-108.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Knollwood II (LUAR 05-006)
Chip Bryan, Julian Bryan & Associates, Inc.
Zygmunt Jadczak
Between Lawrence Road and Military Trail approximately 700 feet south of the LWDD
Canal L-20
Request to al!lend the Comprehensive Plan Future Land Use Map from MR-5 Single-
family Residential (Palm Beach County) to LDR Low Density Residential; and
DESCRIPTION:
Request to rezone from AR-Agricultural Residential (Palm Beach County) to PUD
Planned Unit Development.
PROGRAM IMPACT: NM
FISCAL IMPACT: N/A
ALTERNATIVES: N/A ~
Dov~~tm . C;tyMonagcr" Signa,",o
Pl~ "':~: Dll<:ctm City Attorno> I Fioanco I Humm R",ou""
S:\Planning\SHARED\WP\PROJECTS\Knollwood Groves PUD\Knollwood II\LUAR 05-006\Agenda Item Request Knollwood II LUAR 05-0067-19-
05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION
MEMORANDUM NO. PZ 05-108
Chair and Members
Planning and Development Board and
Mayor and City Commission
Dick Hudson, AIC~
Senior Planner ~
Michael W. Rumpf
Director of Planning and Zoning
June 14, 2005
Knollwood II
ANEX 05-002 & LUAR 05-006
Annex the property, amend the future land use designation from
MR-5 (Palm Beach County) to Low Density Residential (LDR) and
rezone from Agricultural Residential (Palm Beach County) to
PUD-Planned Unit Development
Property Owner:
Applicant; Agent:
Location:
Parcel Size:
Existing land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPnON
Zygmunt Jadczak
DRHI, lnc./Julian Bryan and Associates
Between Lawrence Road and Military Trail approximately 700 feet
south of the LWDD Cana1L-20 (Exhibit "A")
:t:5.5 acres
MR-5 M~dium Density Residential at 5 du/ac with PUD zoning
(Palm Beach County)
AR Agricultural Residential
Low Density Residential (LDR)
PUD Planned Unit Development
25 zero lot line Single Family Residences
Page 2
File Number: LUAR 05-006
Name: Knollwood Groves II
Adjacent Uses:
North:
South:
East:
West:
Property lying within the City of Boynton Beach designated Low Density
Residential and zoned PUD Planned Unit Development (Knollwood
Groves). The property was recently the subject of a land use
amendment and rezoning under Round 05-2 Large scale amendments.
Developed residential property lying in unincorporated Palm Beach
County designated LR-3 (3 du/ac with PUD zoning) and zoned AR
Agricultural Residential.
Developed residential property (Nautica) lying within the City of
Boynton Beach, designated Low Density Residential (LDR) and zoned
PUD Planned Unit Development
Developed residential property (Sunset Cay) lying in unincorporated
Palm Beach County designated MR-5 (5 du/ac with PUD zoning) and
zoned PUD Planned Unit Development
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The property is contiguous to the City of Boynton Beach on two sides and will constitute
a reasonably compact addition to the City.
2. The petition is consistent with the City's Comprehensive Plan Future Land Use Map
designation for properties to be annexed, with the City's anllexation program and with
service availability.
3. The property was proposed as a part of the master plan for the Knollwood Groves PUD,
approved for development by the City on May 17, 2005 in anticipation of submittal of
the subject requests.
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total :t5.5 acres. Because of
the size Of the property under consideration, the Rorida Department of Community Affairs
classifies this amendment as a "small scale" amendment. A "small-scale" amendment is
adopted prior to forwarding to the Florida Deparbnent of Community Affairs and Is not reviewed
for compliance with the state, regional and local comprehensive plans prior to adoption.
Master Plan Requirements
The regulations for the Planned Unit Development zoning district require that a master plan,
including multi-year phases be submitted and reviewed for approval at the time of rezoning to
PUD. The required master plan submitted prior to transmittal of the large-scale amendment for
Page 3
File Number: LUAR 05-006
Name: Knollwood Groves II
the Knollwood Groves PUD, included the subject property. No significant changes have been
made to the master plan since that submittal. The subject parcel is located to the southwest of
the original Knollwood Groves site.
Currently, Minor Road stops at Lawrence Road; however, the County's Long-Range
Transportation Improvement Plan calls for a right-of-way of 110 feet along the north boundary
of the property in order to ultimately continue Miner Road to Military Trail. In deference to that
plan, the developers have set aside a 110-foot wide strip of property along the north boundary
of the parcel. A 20-foot wide landscape buffer is provided to the south side of the future right-
of-way and there are opportunities for three access points from the development provided for
connection, when the Miner Road extension is constructed.
Ten-foot landscape buffer easements are provided on the other sides of the development that
abut existing residential development. The main entrance to the development is shown from
Lawrence Road at the south boundary of the property. The entrance is flanked with open
space areas, with a 30-foot landscape buffer along Lawrence Road. The entranceway intersects
with the development's internal circulation at a recreation area of approximately 0.60 acres. A
lake/water management tract of 3.24 acres is located along the Miner Road set-aside, and
another 1.3B-acre lake/water management tract is located to the north of the subject property.
Individual lots are not shown on the master plan, but are noted as having a typical size of 45
feet by 115 feet for perimeter lots and 45 feet by 105 feet for lots with lake frontage.
Perimeter lots are shown with minimum front yard setbacks of 22.5 feet for one story homes,
which can be no more than 20% of the homes, and typical setbacks are 25 feet. Side yard
setbacks are typically 10 feet on one side and zero on the other. Roofs are allowed to encroach
in the side yard setbacks up to 1 foot. Rear yard setbacks are shown with a 20-foot setback,
which includes the 10-foot landscape buffer. Screen enclosure setbacks are five feet. Lots with
lake frontage are similar in all proposed dimension with the exception of the rear yard setbacks,
which are reduced to a minimum of 10 feet from the abutting water management tracts. The
building envelopes are allowed to a maximum of 55% of lot coverage and covered patios are
restricted to remain within the building envelope.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
land Use Map. Pursuant to Section 9.C.2(2) of the land Development Regulations, however,
staff is not required to review the petition against the eight (B) criteria indicated in Section
9.C.7., when the petition is consistent with the city's Comprehensive Plan Future Land Use Map
designation for properties to be annexed. Instead, staff analysis will relate to consistency with
other relevant portions of the Comprehensive Plan, the city's annexation program and service
capability consistent with Policy B.10.5 of the Intergovernmental Coordination Element of the
Comprehensive Plan.
At present, the subject property is occupied by a partially completed Single-family residence.
Sole access to the property is provided through an easement from Redding Road, approximately
Page 4
File Number: LUAR 05-006
Name: Knollwood Groves II
100 feet to the south of the southern property boundary. Upon annexation, the property will be
included in the Knollwood Groves PUD development. Vehicular access will be through that PUD,
as will the provision of water and sewer services. The present access easement will be
abandoned.
The applicant has projected the population of the proposed housing units at 2.5 persons per
household for a total population of 63 residents. Utilizing this projection and the City's adopted
levels of selVice, staff estimates the water usage at 500 gallons per day per household (200
gallons per day per capita x 2.5) or 12,500 gallons per day. Wastewater selVice demand would
be 225 gallons per day per household (90 gallons per day per capita x 2.5) or 5,625 gallons per
day.
Traffic impact analysis for the parcel, submitted in a study prepared by consultants for the
applicant, shows that the proposed land use designation is consistent with the Transportation
Element of the Palm Beach County Comprehensive Plan. The proposed use of the property will
generate an additional 235 trips per day.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the lO-year
planning period. The School District of Palm Beach County has reviewed the application and
has determined that adequate capacity exists to accommodate the resident population. Lastly,
drainage will also be reviewed in detail as part of the review of the site plan application, and
must satisfy all requirements of the city and local drainage permitting authorities.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If the Planning and Development Board or the City Commission
recommends conditions, they will be included within Exhibit "B".
AlTACHMENTS
S:\PIaMIng\SHARfD\Wp\PRO.lECTS\KnoIIwood Groves PUD\KnolIwoocIll\LUAR 05-006\STAFF REPORT KNOLLWOOO n.doc
LOCATION MAP
Knollwood II
ANEX 05-002 & LUAR 05-006
Exhibit A
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Location:
Between Lawrence Road and Military Trail,
approximately 700 feet south of the LWDD Canal L-
20
Request to annex :tS.S acres of land to be reclassified
and rezoned for development as part of the
Knollwood PUD.
Description:
Julian Bryan, 300 NE 25th Street, Boca Raton, was present as the agent for D.R.
Horton Homes.
ChairmanWische noted there were no staff comments.
Dick Hudson, Senior Planner, responded the annexation meets the requirements that it
is contiguous to the City boundaries and is a reasonably compact area. When the
Knollwood project was first presented, this :tS.S acres w~s included in the master plan.
The County stated it also meets all their requirements for annexation.
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Motion
Mr. Cwynar moved to approve the request to annex :tS.S acres of land to be reclassified
and rezoned for development as part of the Knollwood PUD. Motion seconded by Ms.
Jaskiewicz and unanimously carried.
B. Land Use Plan AmendmenVRezonino
1.
Project:
Agent:
Owner:
location:
Knollwood II (LUAR 05-006)
Chip Bryan, Julian Bryan & Associates, Inc.
Zygmunt Jadczak
~etween Lawrence Road and Military Trail
approximately 700 feet south of the lWDD Canal L-
20
Description: Request to amend the Comprehensive Plan Future
Land Use Map from MR-S Single-family Residential
(Palm Beach County) to LOR Low Density
Residential; and
Request to rezone from AR-Agricultural Residential
(Palm Beach County) to PUD Planned Unit
Development
Chairman Wische noted there were no staff comments and staff has approved the item.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Since no one else wished to speak, the public hearing was closed.
Motion
Mr. Casaine moved that the request to amend the Comprehensive Plan Future Land
Use Map from MR-5 Single-family Residential (Palm Beach County) to LDR Low
Density Residential; and the request to rezone from AR-Agricultural Residential (Palm
Beach County) to PUD Planned Unit Development be approved. Motion seconded by
Mr. Cwynar and unanimously carried.
E. New Site Plan
1.
Project:
Agent:
Owner:
Location:
Knollwood PUD (NWSP 05-017)
Chip Bryan, Julian Bryan & Associates, Inc.
Zygmunt Jadczak
Between Lawrence. Road and Military Trail
approximately 700 feet south of the LWOD Canal L-
20
Description: Request for Site Plan approval to construct 148 zero
lot-line single-family homes on a 36.17 -acre parcel in
the Planned Unit Development (PUO) zoning district.
(Addressed Out of Order)
Chairman Wische noted there were 44 staff comments. Mr. Bryan requested to address
the following staff comments: Comment #1 and Comment #26. These two comments
deal with the traffic performance standards and they have been dealt with. A current
traffic performance standards letter was received and provided to staff. As a result,
these two conditions should be eliminated. Mr. Bryan stated the traffic performance
standard was met without Miner Road and they never utilized Miner Road in the traffic
study. He stressed Miner Road is not part of the site plan or engineering, but is simply
shown on the site plan graphic to reflect it is part of the acquisition of Knollwood Groves.
Mr. Bryan'stated the density at 4.84 units per acre on the remaining acreage matches
the 148 units proposed, which means they are not taking any density from that property
for the d.evelopment and do not want Miner Road. He also noted there is no future Miner
Road on their site plan. They have identified it as being open space and one of staff
requirements is they irrigate and landscape the land, which means they will be caring
for property that they would like to have in perpetuity for the homeowners. The trees
along the north edge of the canal right of way will remain, even though some are
nuisance trees.
Comment #29 dealing with buffering on the south and west lines, from the options
provided, they would like to increase the quantity of landscaping. They agree to plant
trees at 20' centers and maintain a hedge at 6'.
7
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY ZYGMUNT
8 JADCZAK, AND LOCATED BETWEEN
9 LAWRENCE ROAD AND MILITARY TRAIL
10 APPROXIMATELY 700 FEET SOUTH OF THE
11 LAKE WORTH DRAINAGE DISTRICT L-20
12 CANAL; CHANGING THE LAND USE
13 DESIGNATION FROM MR-5 MEDIUM DENSITY
14 RESIDENTIAL AT 5/DU/AC WITH PUD ZONING
15 (PALM BEACH COUNTY) TO LOW DENSITY
16 RESIDENTIAL (LDR); PROVIDING FOR
17 CONFLICTS, SEVERABILITY, AND AN
18 EFFECTIVE DATE.
19
20 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
21 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
22 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
23 Government Comprehensive Planning Act; and
24 WHEREAS, the procedure for amendment of a Future Land Use Element of a
25 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
2 6 and
27 WHEREAS, after two (2) public hearings the City Commission acting in its
28 dual capacity as Local Planning Agency and City Commission finds that the
29 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
30 Plan and deems it in the best interest of the inhabitants of said City to amend the
3 1 aforesaid Element of the Comprehensive Plan as provided.
32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
S:\CA\Ordinances\planning\Land Use\Knollwood II.doc
l
1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
Section 1: The foregoing WHEREAS clauses are true and correct and
3 incorporated herein by this reference.
Section 2:
Ordinance No. 89-38 of the Cityis hereby amended to reflect the
4
5 following:
6 That the Future Land Use of the following described land located between
7 Lawrence Road and Military Trial approximately 700 feet south of the Lake Worth
8 Drainage District L-20 Canal in Boynton Beach, Florida shall be changed from MR-5
9 Medium Density Residential at 5/du/ac with PUD zoning (Palm Beach County) and
10 shall now be designated as Low Density Residential (LDR):
11 THE NORTH Yz OF THE SOUTHEAST ~ OF THE NORTHWEST
12 ~ OF THE NORTHEAST ~ IN SECTION 13, TOWNSHIP 45
13 SOUTH, RANGE 42 EAST OF THE PUBLIC RECORDS, PALM
14 BEACH COUNTY, FLORIDA.
15
16
17 Subject to easements, restrictions, reservation and rights of way of record.
18
19
20 Section 3: That any maps adopted in accordance with the Future Land Use Element
21 of the Future Land Use Plan shall be amended accordingly.
22 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
23 repealed.
24 Section 5: Should any section or provision of this Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
27 Section 6: This Ordinance shall take effect on adoption, subject to the review,
S:\CA\Ordinances\Planning\Land Use\Knollwood II.doc
1 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
2 Planning and Land Development Regulation Act. No party shall be vested of any right by
3 virtue of the adoption ofthis Ordinance until all statutory required review is complete and
4 all legal challenges, including appeals, are exhausted. In the event that the effective date is
5 established by state law or special act, the provisions of state act shall control.
6
FIRST READING this _ day of
,2005.
7 SECOND, FINAL READING and PASSAGE this _ day of
8 2005.
9 CITY OF BOYNTON BEACH, FLORIDA
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 ATTEST:
26
27
28 City Clerk
29
30 (Corporate Seal)
31
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land use\Knollwood II.doc
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF DRHI, INC., TO REZONE A
6 PARCEL OF LAND, AMENDING ORDINANCE 02-
7 013 TO REZONE A PARCEL OF LAND LOCATED
8 BETWEEN LAWRENCE ROAD AND MILITARY
9 TRAIL APPROXIMA TEL Y 700 FEET SOUTH OF
10 THE LAKE WORTH DRAINAGE DISTRICT CANAL
11 L-20, BOYNTON BEACH, FLORIDA, AS MORE
12 FULLY DESCRIBED HEREIN, FROM
13 AGRICULTURAL RESIDENTIAL (AR) TO
14 PLANNED UNIT DEVELOPMENT (PUD);
15 PROVIDING FOR CONFLICTS, SEVERABILITY,
16 AND AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
19 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
20 WHEREAS, Zygmunt Jadczak, owner of the property located between Lawrence Road
21 and Military Trail approximately 700 feet south of the Lake Worth Drainage District Canal L-
22 20 in Boynton Beach, Florida, as more particularly described herein, has filed a Petition,
23 through its agent Julian Bryan and Associates, pursuant to Section 9 of Appendix A-Zoning, of
24 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel
25 of land, said land being more particularly described hereinafter, from Agricultural Residential
26 (AR) to Planned Unit Development (PUD); and
27 WHEREAS, the City Commission conducted a public hearing and heard testimony
28 and received evidence which the Commission finds supports a rezoning for the property
29 hereinafter described; and
3 0 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
31 an amendment to the Land Use which was contemporaneously considered and approved at the
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Knollwood II.doc
1 public hearing heretofore referenced; and
2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
7 herein by this reference.
8
Section 2.
The following described land, Lawrence Road and Military Trail
9 approximately 700 feet south of the Lake Worth Drainage District Canal L-20 in the City of
10 Boynton Beach, Florida, as set forth as follows:
11 THE NORTH Yz OF THE SOUTHEAST 1;4 OF THE NORTHWEST 1;4
12 OF THE NORTHEAST 1;4 IN SECTION 13, TOWNSHIP 45 SOUTH,
13 RANGE 42 EAST OF THE PUBLIC RECORDS, PALM BEACH
14 COUNTY, FLORIDA.
15
16
1 7 be and the same is hereby rezoned from Agricultural Residential (AR) to Planned Unit
18 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of this
19 Ordinance by reference.
20 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
21 accordingly.
22
Section 4. All ordinances or parts of ordinances In conflict herewith are hereby
23 repealed.
24 Section 5. Should any section or provision of this Ordinance or any portion thereof be
25 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
26 remainder of this Ordinance.
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Knollwood ll.doc
1
Section 6. This ordinance shall become effective immediately upon passage.
2
FIRST READING this _ day of
,2005.
3
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
4
5
CITY OF BOYNTON BEACH, FLORIDA
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22 City Clerk
23
24 (Corporate Seal)
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:ICA\Ordinances\Planning\RezoningIRezoning - Knollwood II.doc
VIII.-PUBLIC HEARING
ITEM A.'
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17, 2005 May 2, 2005 (Noon) ~ July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM ~ Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 19,2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board reconnnended that the subject request
be approved on June 28, 2005. Further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-108.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Knollwood II (ANEX 05-002)
Chip Bryan, Julian Bryan & Associates, Inc.
Zygmunt Jadczak
Between Lawrence Road and Military Trail approximately 700 feet south of the
L WDD Canal L-20
Request to annex ::!::5.5 acres ofland to be reclassified and rezoned for development as part
of the Knollwood PUD.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~~
City anager's Signature
Develop
~()~
anning and oning Director City Attorney / Finance / Human Resources
J :\SHRDA T A \Planning\SHARED\ WP\PROJECTS\Knollwood Groves PUD\Knollwood lMNEX 05-o02\Agenda Item Request Knollwood II ANEX 05-002
7-19-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING 8t ZONING DIVISION
MEMORANDUM NO. PZ 05-108
Chair and Members
Planning and Development Board and
Mayor and City Commission
Dick Hudson, AIC~
Senior Planner ~
Michael W. Rumpf
Director of Planning and Zoning
June 14, 2005
Knollwood II
ANEX 05-002 & LUAR 05-006
Annex the property, amend the future land use designation from
MR-5 (Palm Beach County) to Low Density Residential (LOR) and
rezone from Agricultural Residential (Palm Beach County) to
PUD-Planned Unit Development
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing ~oning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Zygmunt Jadczak
DRHI, Inc./Julian Bryan and Associates
Between Lawrence Road and Military Trail approximately 700 feet
south of the LWDD Canal L-20 (Exhibit "A")
:t5.5 acres
MR-5 Medium Density Residential at 5 du/ac with PUD zoning
(Palm Beach County)
AR Agricultural Residential
Low Density Residential (LOR)
PUD Planned Unit Development
25 zero lot line Single Family Residences
Page 2
File Number: LUAR 05-006
Name: Knollwood Groves II
Adjacent Uses:
North:
South:
East:
West:
Property lying within the City of Boynton Beach designated Low Density
Residential and zoned PUD Planned Unit Development (Knollwood
Groves). The property was recently the subject of a land use
amendment and rezoning under Round 05-2 Large scale amendments.
Developed residential property lying in unincorporated Palm Beach
County designated LR-3 (3 du/ac with PUD zoning) and zoned AR
Agricultural Residential.
Developed residential property (Nautica) lying within the City of
Boynton Beach, designated Low Density Residential (LDR) and zoned
PUD Planned Unit Development
Developed residential property (Sunset Cay) lying in unincorporated
Palm Beach County designated MR-S (5 du/ac with PUD zoning) and
zoned PUD Planned Unit Development
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The property is contiguous to the City of Boynton Beach on two sides and will constitute
a reasonably compact addition to the City.
2. The petition is consistent with the City's Comprehensive Plan Future Land Use Map
designation for properties to be annexed, with the City's annexation program and with
service availability.
3. The property was proposed as a part of the master plan for the Knollwood Groves PUD,
approved for development by the City on May 17, 2005 in anticipation of submittal of
the, subject requests.
PROJECT ANALYSIS
The parqels, which are the subject of this land use amendment, total :tS.S acres. Because of
the size of the property under consideration, the Florida Department of Community Affairs
classifies this amendment as a "small scale" amendment. A "small-scale" amendment is
adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed
for compliance with the state, regional and local comprehensive plans prior to adoption.
Master Plan Requirements
The regulations for the Planned Unit Development zoning district require that a master plan,
including multi-year phases be submitted and reviewed for approval at the time of rezoning to
PUD. The required master plan submitted prior to transmittal of the large-scale amendment for
Page 3
File Number: LUAR 05-006
Name: Knollwood Groves II
the Knollwood Groves PUD, included the subject property. No significant changes have been
made to the master plan since that submittal. The subject parcel is located to the southwest of
the original Knollwood Groves site.
Currently, Minor Road stops at Lawrence Road; however, the County's Long-Range
Transportation Improvement Plan calls for a right-of-way of 110 feet along the north boundary
of the property in order to ultimately continue Miner Road to Military Trail. In deference to that
plan, the developers have set aside a 110-foot wide strip of property along the north boundary
of the parcel. A 20-foot wide landscape buffer is provided to the south side of the future right-
of-way and there are opportunities for three access points from the development provided for
connection, when the Miner Road extension is constructed.
Ten-foot landscape buffer easements are provided on the other sides of the development that
abut existing residential development. The main entrance to the development is shown from
Lawrence Road at the south boundary of the property. The entrance is flanked with open
space areas, with a 30-foot landscape buffer along Lawrence Road. The entranceway intersects
with the development's internal circulation at a recreation area of approximately 0.60 acres. A
lake/water management tract of 3.24 acres is located along the Miner Road set-aside, and
another 1.38-acre lake/water management tract is located to the north of the subject property.
Individual lots are not shown on the master plan, but are noted as having a typical size of 45
feet by 115 feet for perimeter lots and 45 feet by 105 feet for lots with lake frontage.
Perimeter lots are shown with minimum front yard setbacks of 22.5 feet for one story homes,
which can be no more than 20% of the homes, and typical setbacks are 25 feet. Side yard
setbacks are typically 10 feet on one side and zero on the other. Roofs are allowed to encroach
in the side yard setbacks up to 1 foot. Rear yard setbacks are shown with a 20-foot setback,
which includes the 10-foot landscape buffer. Screen enclosure setbacks are five feet. Lots with
lake frontage are similar in all proposed dimension with the exception of the rear yard setbacks,
which are reduced to a minimum of 10 feet from the abutting water management tracts. The
building envelopes are allowed to a maximum of 55% of lot covera.ge and covered patios are
restricted to remain within the building envelope.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Us~ Map. Pursuant to Section 9.C.2(2) of the Land Development Regulations, however,
staff is not required to review the petition against the eight (8) criteria indicated in Section
9.C.7., when the petition is consistent with the city's Comprehensive Plan Future Land Use Map
designation for properties to be annexed. Instead, staff analysis will relate to consistency with
other relevant portions of the Comprehensive Plan, the city's annexation program and service
capability consistent with Policy 8.10.5 of the Intergovernmental Coordination Element of the
Comprehensive Plan.
At present, the subject property is occupied by a partially completed single-family residence.
Sole access to the property is provided through an easement from Redding Road, approximately
Page 4
File Number: LUAR 05-006
Name: Knollwood Groves II
100 feet to the south of the southern property boundary. Upon annexation, the property will be
included in the Knollwood Groves PUD development. Vehicular access will be through that PUD,
as will the provision of water and sewer services. The present access easement will be
abandoned.
The applicant has projected the population of the proposed housing units at 2.5 persons per
household for a total population of 63 residents. Utilizing this projection and the City's adopted
levels of service, staff estimates the water usage at 500 gallons per day per household (200
gallons per day per capita x 2.5) or 12,500 gallons per day. Wastewater service demand would
be 225 gallons per day per household (90 gallons per day per capita x 2.5) or 5,625 gallons per
day.
Traffic impact analysis for the parcel, submitted in a study prepared by consultants for the
applicant, shows that the proposed land use designation is consistent with the Transportation
Element of the Palm Beach County Comprehensive Plan. The proposed use of the property will
generate an additional 235 trips per day.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period. The School District of Palm Beach County has reviewed the application and
has determined that adequate capacity exists to accommodate the resident population. Lastly,
drainage will also be reviewed in detail as part of the review of the site plan application, and
must satisfy all requirements of the city and local drainage permitting authorities.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If the Planning and Development Board or the City Commission
recommends conditions, they will be included within Exhibit "B".
ATTACHMENTS
S:\Planning\SHARED\Wp\PROJECTS\KnoIIwood Groves PUD\KnoIIwood U\lUAR 05-006\STAFF REPORT KNOllWOOO II.doc
LOCATION MAP
Knollwood II
ANEX 05-002 & LUAR 05-006
Exhibit A
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770 385 0 770 Feet
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
applicant to address only those comments needing clarification or which they objected
to. Mr. Fike stated they accepted all staff comments, except for Comment #43. that
refers to a 2,000 square foot office building that is not part of the project at this time
Eric Johnson, Planner explained the 2,000 square foot office building is not part of the
site plan because it had been omitted from all other site plan information. If the applicant
wants to build the small office building in the future, staff would review it at that time. In
all likelihood, this would be done administratively only. If the Board and the City
Commission approve the project, the applicant could then submit plans for permits. If
the applicant at that time wanted to include the small building, they would have to go
through the staff process for approval. Chairman Wische pointed out this information
was contained in the agenda packet.
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Vice Chair Hay asked if Fire Station #5 was on schedule for completion due to the large
amount of people moving into this area. Mr. Johnson did not have this information
available. Chairman Wische pointed out there was a memo in the backup material
indicating the fire station would have to be ready. Vice Chair Hay noted this was stated
on Page 3 under "Fire/Police."
Mr. Rumpf responded the Emergency Services Division is very hopeful the station
would be on line. However, there is no legal mandate that requires this type of service
to be under construction, let, etc. by the time a permit is issued. Mr. Rumpf felt if there
were a serious service problem, staff would have been made aware of it.
Ms. Jaskiewicz asked the applicant when the project would be completed. Mr. Fike
responded approximately two and one-half years from the time of permit.
Motion
Vice Chair Hay moved to approve the request for Master Site Plan Modification
approval for the construction of a mixed-use development consisting of an additional
115 multi-family dwelling units (for a total of 349 dwelling units) and 71,708 square feet
of commerciaVoffice space on a 26.165 acre - Mixed Use POD in the Planned Industrial
Development (PID) zoning district, subject to all staff comments. Motion seconded by
Mr. Baldwin and carried 6-1 (Ms. Jaskiewicz dissenting).
7. New Business
A. Annexation
1.
Project:
Agent:
Owner:
Knollwood II (ANEX 05-002)
Chip Bryan, Julian Bryan & Associates, Inc.
Zygmunt Jadczak
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
Location:
June 28, 2005
Description:
Between Lawrence Road and Military Trail,
approximately 700 feet south of the LWDD Canal L-
20
Request to annex :t5.S acres of land to be reclassified
and rezoned for development as part of the
Knollwood PUD.
Julian Bryan, 300 NE 25th Street, Boca Raton, was present as the agent for D.R.
Horton Homes.
Chairman Wische noted there were no staff comments.
Dick Hudson, Senior Planner, responded the annexation meets the requirements that it
is contiguous to the City boundaries and is a reasonably compact area. When the
Knollwood project was first presented, this :tS.S acres was included in the master plan.
The County stated it also meets all their requirements for. annexation.
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Motion
Mr. Cwynar moved to approve the request to annex :tS.S acres of land to be reclassified
and rezoned for development as part of the Knollwood PUD. Motion seconded by Ms.
Jaskiewicz and unanimously carried.
B. Land Use Plan Amendment/Rezonino
1.
Project:
Agent:
Owner:
Location:
Knollwood II (LUAR 05-006)
Chip Bryan, Julian Bryan & Associates, Inc.
Zygmunt Jadczak
Between Lawrence Road and Military Trail
approximately 700 feet south of the LWDO Canal L-
20
Description: Request to amend the Comprehensive Plan Future
Land Use Map from MR-S Single-family Residential
(Palm Beach County) to LDR Low Density
Residential; and
Request to rezone from AR-Agricultural Residential
(Palm Beach County) to PUD Planned Unit
Development
Chairman Wische noted there were no staff comments and staff has approved the item.
5
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 5.5+/- ACRES OF
5 LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THE
9 CITY TERRITORY; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND PROPER
11 ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
2 1 development of an Annexation Program; and
22 WHEREAS, the owner, Zygmunt Jadczak by and through their agent, Julian
23 Bryan and Associates, of the property more particularly described hereinafter, has
24 heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of
25 Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract
26 ofland consisting of approximately 5.5 acres; and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described, in accordance with Article I, Section 7
29 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes;
3 0 and
31 WHEREAS, said tract of land lying and being within Palm Beach County is
32 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
33 annexation, constitute a reasonably compact addition to the City territory.
S:\CA\Ordinances\Planning\Annexations\Annexation - Knollwood II.doc
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3
Section 1.
That each and every Whereas clause is true and correct.
4
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County
7 of Palm Beach, Florida, to wit:
8 THE NORTH Yz OF THE SOUTHEAST Y.t OF THE
9 NORTHWEST Y.t OF THE NORTHEAST Y.t IN SECTION 13,
10 TOWNSHIP 45 SOUTH, RANGE 42 EAST OF THE PUBLIC
11 RECORDS, PALM BEACH COUNTY, FLORIDA.
12
13 CONTAINING APPROXIMATELY 5.5 ACRES OF LAND
14
15 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall
16 be and become part of the City with the same force and effect as though the same had
1 7 been originally incorporated in the territorial boundaries thereof.
18
Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
19 lorida, is hereby amended to reflect the annexation of said tract of land more particularly
20 escribed in Section 2 of this Ordinance.
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
21
22 oning designation and Land Use category is being determined as contemplated in Section
23 71.162(2), Florida Statutes.
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
24
25 epealed.
26 Section 6: Should any section or provision of this Ordinance or any portion thereof
27 e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
S:\CA\Ordinances\Planning\Annexations\Annexation - Knollwood II.doc
1 remainder of this Ordinance.
2
Section 7:
This Ordinance shall not be passed until the same has been advertised
3 r two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
4 each, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
5
Section 8.
This ordinance shall become effective immediately upon passage.
6
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
7 Circuit Court of Palm Beach County, Florida.
8
FIRST READING this _ day of
,2005.
9
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
26
2., City Clerk
28
29
S:\CA\Ordinances\Planning\Annexations\Annexation - Knollwood II.doc
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VIII.-PUBLIC HEARING
ITEM A.J..
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5,2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) r8J July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM r8J Public Hearing D Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the July 19, 2005 City Connnission Agenda under Public
Hearing, to be combined with the corresponding items for Annexation, and Land Use Amendment and Rezoning. The
Planning and Development Board on June 28, 2005, recommended that the subject request be approved, subject to
modification of comments to reflect concurrency review status (conditions # 1 and #26). Further details pertaining to the
request, see attached Department of Development Memorandum No. PZ 05-110.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
KnoIlwood II (NWSP 05-017))
Chip Bryan, Julian Bryan & Associates, Inc.
ZygnauntJadczak
Between Lawrence Road and Military Trail approximately 700 feet south of the L WDD
Canal L-20
Request for Site Plan approval to construct 148 zero lot-line single-family homes on a
36.17-acre parcel in the Planned Unit Development (PUD) zoning district.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
~ ~
Development epartment Direc r City anager's Signature
1,cJ ~6-/
Planning and Z .n DIrector CIty Attorney / Flllance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Knollwood Groves PUD\NWSP 05-0 17\Agenda Item Request Knollwood II NWSP 05-017 7-19-05 .dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-110
STAFF REPORT
TO:
FROM:
Chair and Members
Planning and Development Board and
Mayor and City Commission
Eric Lee Johnson, AICP r k
Planner '"'(J
Michael W. Rumpf
Director of Planning and Zoning
THROUGH:
DATE:
June 23, 2005
PROJECf NAME j
NUMBER:
Knollwood PUD j NWSP 05-017
REQUEST:
New site plan approval to construct 148 single-family homes on a 36.17-
acre parcel in the PUD Planned Unit Development zoning district
PROJECT DESCRIPTION
Property Owner: Multiple owners
Applicant! Agent: DRHI, Inc. j Julian Bryan & Associates, Inc.
Location: Southwest corner of the intersection of Lawrence Road and the L WDD L - 20
Canal (Approximately 1 mile south of Hypoluxo Road) (Exhibit "A")
Parcel Size: 36.17 acres
Existing Land Use: Low Density Residential (LDR)
Existing Zoning: PUD Planned Unit Development
Proposed Use: 148 single-family homes
Adjacent Uses:
North:
Right-of-way of the LWDD L-20 Canal then single family residential
development (Lawrence Oaks) designated Low Density Residential and
zoned PUD Planned Unit Development;
South:
To the southwest, developed residential property lying in unincorporated
Palm Beach County designated LR-3 (3 dujac with PUD zoning) and zoned
AR Agricultural Residential. To the southeast, developed single family
residential (Nautica) designated Low Density Residential and zoned PUD
Planned Unit Development;
Staff Report - Knollwood PUD (NWSP 05-017)
Memorandum No PZ 05-110
Page 2
East: Right-of-way of Lawrence Road then single family residential development
(Citrus Glen) designated Low Density Residential and zoned PUD Planned
Unit Development; and
West: To the northwest, vacant land in unincorporated Palm Beach County
designated MR-5 Single Family Residential (5 dujac) and zoned AR-
Agricultural Residential. To the southwest, single family residential
development (Sunset Cay) also located in unincorporated Palm Beach
County, designated RTU Residential Transitional Urban district.
BACKGROUND
Site Characteristic: According to the survey, the subject property is comprised of two (2) lots and is
the site of the Knollwood Groves orange grove. The parcel contains several
buildings and respective parking areas. Currently, Miner Road terminates at
Lawrence Road; however, the County's Long-Range Transportation Improvement
Plan calls for a right-of-way of 110 feet along the north boundary of the subject
property. In deference to that plan, the developers have set aside a 110-foot wide
strip of property along the north boundary of the parcel. The survey shows a large
pond is located at the northeast corner of the property. The highest elevation is
18.4 feet above sea level, located at the center of the property. A four (4)-foot tall
chain link fence runs along the east property line.
Proposal:
Mr. Julian Bryan, agent for the property owners, proposes to develop the subject
property with 148 (Zero Lot Line) single-family dwelling units on 36.17 acres. A
large portion of the property (+j- 30 acres) had already been approved for Low
Density Residential (LDR) land use and PUD Planned Unit Development zoning.
The developer is proposing to annex (ANEX 05-002) an additional 5 acres of land
and rezone (LUAR 05-006) it to PUD to accommodate additional units. Single-
family homes are permitted uses in the PUD zoning district. The maximum density
allowed by the Low Density Residential (LOR) land use classification is 4.84 dujac,
which would provide the developer a maximum of 175 units. The project would be
built in one (1) phase.
Concurrency:
ANALYSIS
Traffic:
A traffic impact analysis was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure an adequate level of service. On April 12,
2005, the Palm Beach County Traffic Division determined that the proposed
residential development meets the Traffic Performance Standards of Palm Beach
County, upon provision of an exclusive left-turn northbound lane on Lawrence
Road. The County approved the site for 146 units but the site plan proposes 148
units. Therefore, no building permits would be issued until the applicant submits a
revised analysis and the County reviews and approves the additional two (2) units
(see Exhibit "c" - Conditions of Approval).
Utilities:
The City's water capacity, as increased through the purchase of up to 5 million
Staff Report - Knollwood PUD (NWSP 05-017)
Memorandum No PZ 05-110
Page 3
gallons of potable water per day from Palm Beach County Utilities, would meet the
projected potable water needs for this project. Local piping and infrastructure
improvements may be required for the project, dependent upon the final project
configuration and fire-flow demands. These local improvements would be the
responsibility of the site developer and would be reviewed at the time of
permitting. Sufficient sanitary sewer and wastewater treatment capacity is
currently available to serve this project, subject to the applicant making a firm
reservation of capacity, following approval of the site plan.
Police! Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review. All South Florida Water Management District permits and other
drainage related permits must be submitted at time of building permit (see Exhibit
"C" - Conditions of Approval).
School: The School District of Palm Beach County must approve the project for school
concurrency prior to the issuance of any building permits (see Exhibit "c" -
Conditions of Approval).
Driveways: The plans show that one (1) point of ingress / egress is proposed at the southeast
corner of the property, connecting with Lawrence Road. The County is requiring a
deceleration lane on southbound Lawrence Road. The entrance lane into the
development would be 22 feet in width. The exit lane would be 15 feet in width
and they would be separated by a 10-foot wide landscaped median. The exit lane
would only allow for right-turn only traffic movements onto Lawrence Road.
According to the Typical Road Section shown on sheet 2 of 4, the private rights-of-
way, internal to the development would be 40 feet in width. Each side (or half) of
this right-of-way would consist of 11 feet of asphalt, two (2) feet of valley gutter
(for drainage purposes), a three (3)-foot wide swale (grassy area), and a four (4)-
foot wide pedestrian sidewalk. The plans proposed a gated entrance. Further
details of the gate would be required at the time of permitting (see Exhibit "C"-
Conditions of Approval). The plans show a 20-foot wide stabilized emergency
access point is also proposed along Lawrence Road. This access point would be
used for emergency purposes only, and only if the main entrance is obstructed.
Parking Facility: Two, three, four, and five bedroom dwelling units require two (2) parking spaces
per unit. The project proposes 148 residential units and therefore, would require
296 parking spaces. Each unit would have a two (2)-car garage. According to the
floor plan (sheet A-1), the garages would be dimensioned a minimum 19 feet in
width by 19 feet in depth, large enough to accommodate two (2) vehicles. This
provision equals the required parking. Also, the "Typical Lot Detail" (sheet 1 of 1)
indicates that the driveways in front of each unit would also accommodate two (2)
parked cars. The detail shows the driveways would be dimensioned 18 feet in
width by 22.5 feet in depth. The plan would provide a total of 612 parking spaces.
Staff Report - Knollwood PUD (NWSP 05-017)
Memorandum No PZ 05-110
Page 4
Landscaping:
Nearly two (2) acres of the subject property would be set aside for buffer and open
spaces. The landscape data on sheet 7 of 10 indicates that the project would have
a total of 1,234 trees and 15,360 shrubs / groundcover. Over 50% or 8,056 of the
15,360 shrubs / groundcover would be native. The landscape plan indicates that
62% or 767 of the trees would be native (see Exhibit"C" - Conditions of Approval).
A total of 60 existing trees would be relocated elsewhere on-site. They include the
following species: Gumbo Limbo, Sausage Tree, Live Oak, Laurel Oak, African
Trumpet tree, and Cabbage palm trees.
The plans proposed landscape buffers around the entire development. In order to
ensure proper maintenance of the buffer areas, staff recommends converting them
from landscape "easements" to "tracts" that would be owned and maintained by
the Home Owners' Association (see Exhibit "c" - Conditions of Approval). The
east (front) landscape buffer along Lawrence Road would be 30 feet in width. A
decorative wall is proposed within the center of this landscape buffer. It would be
comprised of three (3) different parts, namely, a concrete-block-steel portion, a
decorative stone finish portion, and a black picket fence portion. An assortment of
trees and shrubs are proposed along both sides of the wall. They include the
following: Ligustrum Tree, Live Oak, Royal palm, Bismark palm, Cabbage palm,
Dwarf Yaupon Holly, Snow Bush, Redtip Cocoplum, Dwarf Podocarpus, Crinum Lily,
and annuals.
The north (side) landscape buffer proposed along the 110-foot set aside for the
planned Miner Road extension would be 20 feet in width. The landscape plan
(sheets 2, 3 of 10) shows a chain link fence and a row of Redtip Cocoplum are
proposed along the northern edge of this buffer. The species of trees would
include the following: Sweet Mahogany, Dahoon Holly, Cabbage palm, Gumbo
Limbo, and Live Oak. Staff recommends that where possible, the shade tree
spacing shall be no more than one (1) tree per 25 lineal feet. The area set aside
for the Miner Road extension would be sodded and irrigated until the time the
County makes the necessary improvements (see Exhibit "c" - Conditions of
Approval).
The west (rear) and south (side) landscape buffers would be 10 feet in width. A
row of trees is proposed within these buffers. They include the following: Gumbo
Limbo, Sweet Mahogany, and Cabbage palm. Likewise, a row of Redtip Cocoplum
is proposed along the west and south property lines. To provide immediate
buffering, staff recommends that these perimeter landscaped buffers utilize taller,
more mature canopy trees behind all two story models, to soften the height against
abutting single story residences. For example, the trees should be installed at 16
feet in height where two (2) story buildings are constructed (see Exhibit "c" _
Conditions of Approval). The City's PUD regulations require that "peripheral yards
abutting other zoning districts shall be the same as required in the abutting zone".
The southwest edge of the subject project abuts an existing, older residential
neighborhood built under the County's AR zoning district regulations. These
existing properties are larger than the proposed yards, with rear yard setbacks that
vary between approximately 26 feet to 40 feet (estimated). Therefore, increased
Staff Report - Knollwood PUD (NWSP 05-017)
Memorandum No PZ 05-110
Page 5
compatibility with the adjacent properties (where abutting AR zoning district) is
required. This can be accomplished by either increasing the building setbacks of
the abutting lots (Lots 31 through 42), increase the size of the buffer width (from
20 feet to 25 feet), and / or significantly increase the plant material proposed
within the 10-foot wide landscape buffer (i.e. variety of canopy trees spaced no
greater than 20 feet apart combined with lower vegetation to buffer heights from
(four) 4 feet to six (6) feet (see Exhibit "C" - Conditions of Approval).
Varying planting schemes are proposed and the scheme is dependent upon the
style of the house proposed on each lot. The Typical Unit Landscape Plan (sheet 8
of 10) indicates that each unit would have a Live Oak planted within the front yard.
A row of Viburnum hedges would screen the air conditioner units, which are
proposed along the sides of the houses. The Landscape Quantities Table indicates
the following species: Live Oak, Queen palm, Alexander palm, Pygmy Date palm,
Florida Royal palm, Montgomery palm, Foxtail palm, Silver Buttonwood, Redtip
Cocoplum, Red Crinum Lily, Japanese Fern, Pink Ixora Jatropha, and Ligustrum.
Building and Site: As previously mentioned, the maximum density allowed by the Low Density
Residential (LDR) land use classification is 4.84 dwelling units per acre, which
translates to a maximum of 175 units. The site plan proposes a total of 148 zero-
lot line units. The site plan tabular data (sheet 1 of 4) indicates that the lots would
account for 49% of the entire property. The private roads would account for 14%
of the site. Nearly five and one-half (5'12) acres are set aside for potential future
right-of-way purposes. The development's recreation area would account for 2%
of the site. This 0.75-acre recreation area would accommodate swimming pool, a
1,797 square foot cabana / veranda facility, and a tot-lot. Two (2) large lake /
water management tracts are proposed, in part, for storm water retention areas.
These tracts would account for 14% or 4.93 acres of the entire site.
The Typical Lot Details indicate that the proposed lots would be 45 feet in width.
The interior lots would be 105 feet deep and perimeter lots would be 115 feet
deep. The proposed building setbacks are as follows: Front - 22.5 feet minimum,
25 feet maximum, Side - 10 feet and zero (0) feet on the other side. The rear
building setback would be 10 feet for interior lots and 20 feet for lots proposed
along the perimeter. The proposed building setbacks are consistent and
comparable with the building setbacks in the adjacent Planned Unit Development
(PUD) residential communities.
The Typical Lot Details illustrate the proposed placement of the house within each
respective lot. The applicant informed staff that the "building envelope" as
illustrated on the detail would not represent the walls of each home. Rather, the
"building envelope" only depicts each lot's minimum setback requirements.
Therefore, the proposed houses, which would be smaller than the "building
envelope", would be placed further away from the property lines, such as long as
its placement would meet all other minimum setbacks. For the perimeter lots, the
detail shows that the 20-foot wide rear building setback would consist of a 10-foot
wide landscape easement (where the buffer trees are proposed).
Staff Report - Knollwood PUD (NWSP 05-017)
Memorandum No PZ 05-110
Page 6
The applicant is requesting provisions for swimming pools and screened-roof
enclosures within the rear yard. No solid-roof enclosures are proposed outside the
building envelope. Staff has no objection the allowance of pools and screened
rooms provided that the landscape buffer would remain intact. Staff would object
to solid-roof screened enclosures that encroach into the minimum rear setback.
Staff recommends that the height of the screen enclosures be limited to the mean
height of the house on which the structure is proposed (see Exhibit "c" -
Conditions of Approval). The elevations show that the mean height of the two (2)
story homes would be 25 feet - seven (7) inches tall and the peak of the roof
would be 29 feet - two (2) inches tall. The maximum height in all residential
zoning districts except R-3 Multi-family Residential is 30 feet. On interior lots,
screened enclosures would have a five (5) foot rear setback and swimming pools
would have a seven (7) foot rear setback. On perimeter lots, screened-enclosures
would have the same rear setbacks (from each individual rear lot line) but would be
further separated from the perimeter (of the entire PUD) by a 10-foot wide
landscape buffer.
DeSign:
The City has reviewed and approved many different residential projects over the
past several years (Le. Anderson PUD, Serrano PUD, The Harbors, Villas at
Quantum Lakes, Arbolata, Jefferson at Boynton Beach, Kensington Place). With
the exception of Anderson and Serrano, most of the newer projects have been
townhouse developments. Associated with the proposed type of single-family
residential development are a wide variety of possible building designs (Le.
contemporary, traditional, Spanish-Mediterranean, etc.). This project would be
considered as more of a mixture of "contemporary and Mediterranean"
architectural style, similar to many zero-lot line communities throughout South
Florida. The homes would be either one (1) or two (2) stories tall. The proposed
roofing material would be Spanish S-tile roof. The elevations show that the
exterior finish of the walls would be textured stucco. The applicant is proposing a
variety of colors schemes. The colors are as follows:
Scheme Body Color Trim Color Front Door Color
1 Restorative CW025W Spicenut 8755A Winestain 8386N
1R Spicenut 8755N Restorative CW025W Winestain 8386N
2 Tequilla 8672W Woodlet 8685D Mansard Stone
8635D
2R Wooldet 8685D Tequilla 8672W Mansard Stone
8635D
3 Stucco Greige 8693M Floral White CW033W Black Metal 8796N
3R Floral White CW033W Stucco Greige 8693M Black Metal 8796N
4 Desert Tumbleweed Moose Paint 8715D Wayfarer Grey 8535D
8723M
4R Moose Paint 8715D Desert Tumbleweed Wayfarer Grey 8535D
8723M
5 Desert Fawn 8222W Beaver Creek 8765D Dark Colossus 8526A
5R Beaver Creek 8765D Desert Fawn 8222W Dark Colossus 8526A
6 Saltbush 8183M Weaverbird 7760W Manganese 8826N
6R Weaverbird 7760W Saltbush 8183M Manganese 8826N
Staff Report - Knollwood PUD (NWSP 05-017)
Memorandum No PZ 05-110
Page 7
The project proposes a variety of house style types, ranging from three (3) to five
(5) bedrooms with air-conditioned living areas ranging from 1,952 square feet to
3,054 square feet. Staff has no objections to the proposed building colors,
architectural style, or roof types.
Signage:
Project development signs are proposed on each side of the main entrance. The
ledger-sized page of the sign shows that it would be 20.25 square feet in area and
multi-colored. Its colors would be consistent with the building colors proposed
throughout the community. The sign face would be placed in between two (2)
decorative columns on the C.B.S. wall proposed within the front (east) landscape
buffer.
RECOMMENDATION:
Staff has reviewed this request for new site plan approval and recommends approval, contingent upon the
approval of the corresponding petitions for annexation (ANEX 05-002) and rezoning to PUD (LUAR 05-
006), and also subject to satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any
additional conditions recommended by the Board or City Commission shall be documented accordingly in
the Conditions of Approval.
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EXHIBIT "C"
Conditions of Approval
Project name: Knollwood
File number: NWSP 05-016
Reference: 2nd review plans identified as a New Site Plan with an May 24, 2005 Planning and Zoning
Department date stamp marking
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. The Palm Beach County Traffic Division determined that the proposed X
project meets the Traffic Performance Standards (TPS) of Palm Beach
County, upon provision of an exclusive north-bound lane along Lawrence
Road onto the project main access driveway.
ENGINEERING DIVISION
Comments:
2. Per the LDR, Chapter 7.5, Article II, Section 5.C.2. Ficus species are not X
permitted.
3. Live Oaks are proposed within the utility easement on the east side of the X
recreation area. Canopy trees are not allowed within utility easements.
Please replace with a different species.
4. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
5. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
6. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
7. Fire flow calculations will be required demonstrating the City Code X
COA
06/29/05
2
DEPARTMENTS INCLUDE REJECT
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
9. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
10. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates); they will be
reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
11. Indicate within the site data the type of construction of each building as X
defined in 2001 FBC, Chapter 6.
12. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
13. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
14. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
COA
06/29/05
3
DEPARTMENTS INCLUDE REJECT
available.
15. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
16. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
17. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract. The recorded
deed shall be submitted at time of permit review.
18. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
19. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
PARKS AND RECREATION
COA
06/29/05
4
DEPARTMENTS INCLUDE
Comments:
20. The recreation impact fee will be: X
148 single-family, detached homes @ 940.00 each = $139,120.00
The impact fee is due prior to issuance of the "first application permit".
FORESTER/ENVIRONMENTALIST
Comments:
21. The applicant should amend the note indicating that all utility boxes or X
structures (not currently known or shown on the plan) should be screened
with Coco plum hedge plants on three sides.
22. At the time of permitting, the applicant must submit an updated Lake X
Management Plan document for the lakes.
23. Irrigation Plan-No Irrigation plan included in the submittal X
The irrigation system design (not included in the plans) should be low volume
water conservation using non-portable water.
24. Trees should have separate irrigation bubblers to provide water directly to the X
root ball (Chapter 7.5, Article II Sec. 5. C.2.).
PLANNING AND ZONING
Comments:
25. Approval of this site plan is contingent upon the accompanying request for X
annexation (ANEX 05-002) and corresponding land use I rezomng
applications (LUAR 05-001 and LUAR 05-006). This includes the proposed
project density.
26. The Palm Beach County Traffic Division approved the project for 146 single- X
family dwelling units. The site plan proposes 148 dwelling units. At the time
of permitting, revise the site plan by deleting two (2) units or provide an
updated Traffic Performance Standards Review letter from the County that
approves the project for the additional two (2) units.
27. A unity of title will be required at the time of permitting. X
28. The School District of Palm Beach County must approve the project for X
school concurrency purposes prior to the issuance of a building permit.
29. Increased compatibility with the adjacent properties (where abutting AR X
zoning district) is required. This can be accomplished by either increasing the
COA
06/29/05
5
DEPARTMENTS INCLUDE REJECT
building setbacks of the abutting lots (Lots 31 through 42), increase the size
of the buffer width (from 20 feet to 25 feet), and / or significantly increase the
plant material proposed within the lO-foot wide landscape buffer (i.e. variety
of canopy trees spaced no greater than 20 feet apart combined with lower
vegetation to buffer heights from four (4) feet to six (6) feet
30. At the time of permitting, provide a detail of the front entry gates, including X
its dimensions, material, and color(s) (Chapter 4, Section 7.D.).
31. Fifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article II, Section 5.P). On the landscape plan plant list (sheet
7 of 10), indicate by asterisk, the native species to ensure that at least 50% of
landscape material is native. Separate and indicate the proposed plant
material into the following categories: Shade Trees, Palm Trees, Shrubs /
Hedges, and Groundcover. Please tabulate the amount of native material in
each plant category.
32. On the landscape plan, ensure that the plant quantities must match between X
the tabular data and the ~aphic illustration.
33. The landscape plan (sheet 9 of 10) shows a Unit 2110 but there is no X
corresponding floor plan. At the time of permitting, revise this sheet to
exclude this unit or provide all corresponding information for the unit.
34. At the time of permitting, revise the landscape plan to include the following: X
The 110 foot strip along the north side of the property between the 20 foot
landscape buffer and the LWDD canal R-O-W should be sodded, irrigated,
and maintained by the developer / HOA like all other common areas within
the site.
35. The master plan / site plan will dictate the applicable setbacks for amenities X
such as swmunmg pools and screened-roof enclosures. There IS a
discrepancy between a note that references city regulations for pool setbacks
and the minimum dimension shown on the typical lot drawing. Therefore, at
time of permitting, on the site plan (sheet 1 of 4), eliminate the note that reads
"Pools and Jacuzzi's may be permitted provided they meet City of Boynton
Beach code requirements", or change the dimension on the typical lot
drawing to be consistent with city setback regulations.
36. At the time of permitting, provide Home Owners' Association documents to X
verify necessary maintenance of common areas and landscape buffers.
37. On the Typical Lot Details as shown on the site plan, indicate "Minimum" X
rear and side building setbacks rather than "TYP" rear and side building
setbacks.
38. Building heights proposed on the subject property (Lots 31 through 60) are X
partially defined and impacted by the ground elevation of the adjacent
properties (if they are lower ~ound elevation). Therefore, two (2) story
COA
06/29/05
6
, II
DEP ARTMENTS INCLUDE REJECT
houses built along the perimeter of the subject property may be in jeopardy of
exceeding the maximum building height (proposed as per this site plan).
Therefore, at the time of permitting, provide updated ground elevations of the
adjacent property to ensure compliance and consistency.
39. On the site plan, correct the label "Nautica Sound PUD" to read "Nautica X
PUD".
40. In order to ensure proper maintenance of the buffer areas, staff recommends X
converting them from landscape "easements" to "tracts" that would be owned
and maintained by the Home Owners' Association.
41. Staff recommends that the height of the screen enclosures be limited to the X
mean height of the house on which the structure is proposed.
42. Staff recommends that where possible, the shade tree spacing within the north X
landscape buffer shall be no more than one (1) tree per 25 lineal feet
43. Staff recommends the perimeter landscaped buffers utilize taller, more mature X
canopy trees behind all two story models, to soften the height against abutting
single story residences. For example, the trees should be installed at 16 feet
in height where two (2) story buildings are constructed.
44. A six (6) foot tall black vinyl coated chain link fence is proposed along the X
southern property line of Lots 1 through 3 and half-way through Lot 4. Staff
recommends extending the fence westward so that it terminates along the
west property line of Lot 4.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
45. Comment #1 is reworded as follows: provision of a new reversible left-turn X
lane in the center of Lawrence Road along the project boundary.
46. Omit comment #26 as concurrency review has been completed.
X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
45. To be determined.
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Knollwood Groves PUD\NWSP 05-017\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Knollwood Groves PUD
APPLICANT'S AGENT: Mr. Julian Bryan / Julian Bryan & Associates, Incorporated
APPLICANT: D.R. Horton Incorporated
APPLICANT'S ADDRESS: 1192 East Newport Drive, Suite 150 Deerfield Beach, FL 33442
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 19, 2005
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 148 single-family zero-lot
line homes on 36.186 acres in the PUD zoning district.
LOCATION OF PROPERTY: West side of Lawrence Road, approximately one (1) mile south of
Hypoluxo Road.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:IPlanningISHAREDlWPIPROJECTSlKnollwood Groves PUDINWSP 05-017lDO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Since no one else wished to speak, the public hearing was closed.
Motion
Mr. Casaine moved that the request to amend the Comprehensive Plan Future Land
Use Map from MR-5 Single-family Residential (Palm Beach County) to LOR Low
Density Residential; and the request to rezone from AR-Agricultural Residential (Palm
Beach County) to PUD Planned Unit Development be approved. Motion seconded by
Mr. Cwynar and unanimously carried.
E. New Site Plan
1.
Project:
Agent:
Owner:
Location:
Knollwood PUD (NWSP 05-017)
Chip Bryan, Julian Bryan & Associates, Inc.
Zygmunt Jadczak
Between Lawrence Road and Military Trail
approximately 700 feet south of the LWDD Canal L-
20
Description: Request for Site Plan approval to construct 148 zero
lot-line single-family homes on a 36.17 -acre parcel in
the Planned Unit Development (PUD) zoning district.
(Addressed Out of Order)
Chairman Wische noted there were 44 staff comments. Mr. Bryan requested to address
the following staff comments: Comment #1 and Comment #26. These two comments
deal with the traffic performance standards and they have been dealt with. A current
traffic performance standards letter was received and provided to staff. As a result,
these two conditions should be eliminated. Mr. Bryan stated the traffic performance
standard was met without Miner Road and they never utilized Miner Road in the traffic
study. He stressed Miner Road is not part of the site plan or engineering, but is simply
shown on the site plan graphic to reflect it is part of the acquisition of Knollwood Groves.
Mr. Bryan stated the density at 4.84 units per acre on the remaining acreage matches
the 148 units proposed, which means they are not taking any density from that property
for the development and do not want Miner Road. He also noted there is no future Miner
Road on their site plan. They have identified it as being open space and one of staff
requirements is they irrigate and landscape the land, which means they will be caring
for property that they would like to have in perpetuity for the homeowners. The trees
along the north edge of the canal right of way will remain, even though some are
nuisance trees.
Comment #29 dealing with buffering on the south and west lines, from the options
provided, they would like to increase the quantity of landscaping. They agree to plant
trees at 20' centers and maintain a hedge at 6'.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Mr. Bryan noted comment #38 dealt with the building height of single-family dwellings.
They are aware how building heights are measured, which is typically from average
grade around the foundaUon of the home. Mr. Bryan stated if this applied to their
project, it would not be a problem. However, if staff required them to measure height
from adjoining lots, this could be a problem. He recommended the parties address this
before the item goes to the Commission. Chairman Wische pointed out if the Board
passed the item, it would be subject to approval of the applicant's discussions with staff.
Mr. Bryan was agreeable with this.
Eric Johnson, Planner stated staff reviewed the site plan and is recommending approval
contingent upon the conditions of approval with the exception of Comment #1. Mr.
Johnson stated this comment had to be changed because the City received
confirmation from the County that the project does meet the traffic performance
standards of Palm Beach County. Therefore, the new condition for #1 must read as
follows:
"The Palm Beach County Traffic Division determined the proposed project
meets the Traffic Performance Standards (TPS) of Palm Beach County,
upon provision of a new reversible left-turn lane in the center of Lawrence
Road along the project boundary."
The applicant agreed with the new language for Condition # 1.
Mr. Johnson reported Condition #26 should be deleted. The traffic statement that was
sent to Palm Beach County had 146 units, but the site plan is now proposing 148 units.
Therefore, the County, as of June 27,2005, revised their Traffic Performance Standards
Review letter to include the additional two units. The applicant has traffic concurrency
for all 148 dwelling units. -
Next addressed was Condition #29 that dealt with increased compatibility of adjacent
properties that abut AR zoning districts is required. This could be accomplished by
increasing the building setbacks of the abutting lots (lots 31 and 32), increase the size
of the buffer width from 20' to 25' or significantly increase the plant material proposed
within the 10' wide landscape buffer. This could be a variety of canopy trees, spaced no
greater than 20' apart, combined with lower vegetation to buffer heights from 4' to 6'.
As Mr. Bryan previously stated, they are choosing to increase the plant material along
that perimeter and staff is in favor of this.
With regard to Condition #38, Mr. Johnson explained the City measures building height
by the abutting or adjacent properties. When staff reviewed the site plan and the
elevations, the ground elevations of the adjacent properties was not known. Therefore,
if the applicant builds a two-story buifding, it may exceed the height. Staff wanted it
stated as a matter of fact and in accordance with staff's definition of building height,
their buildings might exceed the allowable height. Mr. Johnson pointed out this was
merely an informational comment.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Mr. Cwynar inquired how much the height could exceed the allowable height. Mr.
Johnson stated it would not be significant and it could be inches or feet, but he was not
certain. He referred to the comment in Condition #38 that states, "two story houses built
along the perimeter of the subject property may be in jeopardy of exceeding the
maximum building height (proposed as per this site plan)." The applicant, at the time of
permitting, will be requested to provide updated ground elevations of the adjacent
property to insure compliance and consistency.
Chairman Wische asked the applicant to address this. Mr. Bryan noted they would have
to go off site to take topographical shots of adjoining lots, but he was agreeable to doing
this. He did not think this would apply to the development to the west, but the
community to the south may have lower average grades. He agreed to do the
necessary fieldwork to determine this.
Mr. Johnson pointed out Condition #43 states when a two story-house is built, the trees
proposed within the lots be increased in height and that taller, more mature canopy
trees be utilized behind all two-story models. The trees should be installed at 16' in
height for two-story buildings in order to increase the compatibility of the project with the
surrounding community.
Mr. Johnson noted staff is recommending approval of the project.
Mr. Bryan referred to Condition #40 that deals with landscaping of perimeter buffers and
the impact it might have upon existing residences. He noted D.R. Horton does complete
outside maintenance, which means any landscape buffer would still be maintained by
the HOA. The applicant was in agreement with Condition #40.
Chairman Wische opened the public hearing.
Joyce Pastl, 4317 Redding Road, Boynton Beach, lives directly south of the project
and noted there were power lines along their back lot lines. Ms. Pastl would like to know
how close the setbacks would be to her house.
Mr. Bryan 'responded that the closest home to the south property line would be 20' from
the property line and a typical two-stOry home would be at least 30'. The existing power
line will I}e removed and placed underground at D.R. Horton's expense along the entire
south property line. This is the area where staff is recommending the quantity of
landscaping be increased, which they have agreed to do.
Ms. Pastl asked what the plans were for the existing vegetation that includes palm trees
and oak trees. Mr. Bryan stated approximately 80% of the palm trees on the property
would be removed. Kevin Hallahan, the City's Urban Forester, has been working with an
arborist they hired to evaluate all the trees. Trees will be moved to the buffer areas that
will act as street trees.
Matthew Maxwell, 7939 Manor Forest Boulevard, Boynton Beach, thought the
arborist referred to by Mr. Bryan appeared before the City Commission several months
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
ago and stated Knollwood Groves was a canker infested orange grove. Mr. Maxwell
took exception to this remark.
Mr. Johnson explained that the City's Forester was not the person referred to by Mr.
Maxwell. Mr. Maxwell was recommended to voice his concerns at the City Commission
meeting.
Since no one else wished to speak, the public hearing was closed.
Mr. Baldwin stated he lives across the street from the project and commended D.R.
Horton for all the landscaping they have been installing. He felt they were doing an
excellent job in screening the properties from each other.
With regard to the arborist referred to by Mr. Maxwell, Mr. Bryan noted he was one of
three firms that was recommended by Mr. Hallahan, since D.R. Horton was uncertain
whom to hire and wanted to hire a quality person. The firm they selected was Tree
Movers and they have evaluated the condition of the trees. The gentleman that spoke at
the Commission Meeting was Jim Goldesitch who is an environmental consultant and is
not an expert on trees.
Motion
Vice Chair Hay moved to approve the request for Site Plan approval to construct 148
zero lot-line single-family homes on a 36.17 -acre parcel in the Planned Unit
Development (PUD) zoning district, subject to the 44 staff Conditions with modifications
to Condition #1, as read by Eric Johnson; the deletion of Condition #26; and comments
regarding Conditions #29, #38 and #40. Motion seconded by Mr. Casaine and
unanimously carried.
C. Rezoning
1.
Project:
Agent:
Owner:
Location:
Gerrity Rezoning (REZN 05-004)
Bradley Miller, Miller Land Planning Consultants, Inc.
Bill Gerrity, Inc.
NE 8th Avenue at NW 10th Street
Description: Request to rezone 2.54 acres from R-1-AA Single
family Residential to R-1-A Single Family Residential
Future Land Use classification to remain Low Density
Residential (LDR) for the development of 10 single-
family residential lots.
Bradley Miller, Miller Land Planning Consultants, Inc., 298 Pineapple Grove Way,
Delray Beach, Florida, was present on behalf of the property owner, Bill Gerrity, Inc.
Chairman Wische noted there was one staff comment and Mr. Miller agreed to the staff
comment.
10
VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5, 2005 March ]4,2005 (Noon.) 0 June 7, 2005 May ]6, 2005 (Noon)
0 April] 9,2005 Apri] 4, 2005 (Noon) 0 June 2 I, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April ]8,2005 (Noon) 0 Ju]y 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2,2005 (Noon) l:8J July 19,2005 Ju]y 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM l:8J Public Hearing l:8J Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 19,2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subject request
be approved on June 28, 2005, subject to all staff comments. For further details pertaining to the request, see attached
Department of Development Memorandum No. PZ 05-109.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Gerrity Rezoning (REZN 05-004)
Bradley Miller, Miller Land Planning Consultants, Inc.
Bill Gerrity, Inc.
NE 8th A venue at NW lOth Street
Request to rezone 2.54 acres from R-] -AA Single Family Residential to R- I -A Single Fami]y Residential
(Future Land Use classification to remain Low Density Residential (LOR)) for the ultimate development of 10
single family residentiallols.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Develo en ep rtment Director
k.J-C ~
Planning and Zon~ irector City Attorney / Finance / Human Resources
J :\SHRDA T A \Planning\SHARED\ WP\PROJECTS\Skylake\REZN 05-004\Agenda Item Request gERRITY rezn 05-004 7-] 9-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
N/A
N/A
N/A
4:ge..., S;gna';;;:;
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 05-109
Chair and Members
Planning and Development Board and
Mayor and City Commission
Dick Hudson, AIC~
Senior Planner ~
Michael W. Rum-;<lQ
Director of Planning and Zoning
June 15, 2005
Gerrity Rezoning (Sky Lake)
REZN 05-004
Rezone the property from R-1-AA to R-1-A in order to subdivide
the parcel consistent with abutting residential development
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
PROJECT DESCRIPTION
Bill Gerrity, Inc.
Bill Gerrity, Inc.jMiller Land Planning Consultants, Inc.
On NW 8th Court north of Old Boynton Road and east of Congress
Avenue (Exhibit "A'')
2.54 acres
Low Density Residential (LDR)
R-1-AA Single Family Residential
No change
R-1-A Single Family Residential
10 single family lots
The property is surrounded by single family residential
development designated Low Density Residential (LDR) and zoned
R-1-AA-Single Family Residential.
Page 2
File Number: REZN 05-004
Gerrity (Sky Lake) Rezoning
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The requested rezoning meets the criteria required for review found in the Land
Development Regulations;
2. The rezoning is reasonably compatible with adjacent development and will provide
additional single family homes to the market; however,
3. Approval should be conditioned on dedication of additional rights-of-way to ensure that
abutting streets meet the minimum City standards.
PROJECT ANALYSIS
The parcel, which is the subject of this rezoning, totals 2.54 acres. Since the property is
designated Low Density Residential, no change to the land use designation is required;
therefore, a review by the Florida Department of Community Affairs is not required.
The criteria used to review both Comprehensive Plan amendments and rezonings are listed in
the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item
C. Comprehensive Plan Amendments: Rezonings and are required to be part of a staff analysis.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requiremen~ which would have to be imposed on subsequent development of the
property, in order to comply with poliCies contained in the comprehensive plan.
The property is not located in the hurricane evacuation zone; therefore the first part of the
criterion is not applicable.
Policy 1.17.5 of the Land Use Element reads:
"The City shall continue to maintain and improve the character of existing single-
family and lower-density neighborhoods, by preventing conversions to higher
densities, except when consistent with adjacent land uses. . ."
To the northeast and east of the subject property, lot widths in the Laurel Hills 5th addition were
originally platted in 1951, with 50-foot widths. Lots in the Glen Arbor subdivision, the abutting
property to the south, were platted in 1959, with widths averaging 65 feet. Both of these are
inconsistent with today's. regulations for property in the R-1-AA zoning district, which require a
minimum lot frontage of 75 feet. For other surrounding property, platted more recently and
Page 3
File Number: REZN 05-004
Gerrity (Sky Lake) Rezoning
after subdivision regulations required an increase in lot sizes, properties have widths more
consistent with the present requirements of the R-1-AA regulations.
The proposed development of the subject parcel, with 10 lots each having 64 -foot frontage,
will be consistent with surrounding development, and specifically with the abutting residential
development to the south, where the property was platted with lot frontages ranging from 62
feet to 65 feet.
It should be noted that the Land Development Regulations (Chapter 6-Required Improvements)
require a minimum 50-foot right-of-way width for local streets in subdivisions and states, "The
new subdivision shall provide for the incorporation and compatible development of present and
future streets. . ." The survey for the subject property shows platted rights-of-way of only 30
feet; therefore, staff recommends a dedication of additional rights-of-way for the three street
segments abutting the subject property.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would apparently create an isolated district, which could be viewed as
"spot zoning"; however, the present single family residential zoning district and the requested
single family residential zoning district differ in minimum lot size (8,000 square feet as opposed
to 7,500 square feet). Front and rear setback requirements are the same for each district, side
setback requirement are 2-1/2 feet less, and minimum living area requirements are 250 square
feet less for the R-1-A district; however, these should have minimum to no impacts on the
neighborhood. As discussed above, the resulting residential lots would relate to the abutting
lands to the south, which have an average lot frontage of 65 feet. Granting this request would
not constitute a grant of special privilege to an individual property owner.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The changes to the land development regulations, requiring greater lot frontage for property
developed under the R-1-AA zoning, have made some of the adjacent properties, which were
developed prior to adoption of the present code, nonconforming. The applicant is proposing to
develop the subject property in a pattern similar to these adjacent properties.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
At the current density, the property could be developed for 8 single family homes; the requested
density would allow for an additional 2 single family residences for a total of 10. The increase of
2 units will have place minimal demands on the water and sewer systems. The applicant has
stated that the traffic impacts from the proposed development will add 1,000 trips per day
(based on 10 trips per day for the use) but only 20 more than if developed under the present
zoning. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated
that adequate capacity exists to accommodate the county's municipalities throughout the 10-
Page 4
File Number: REZN 05-004
Gerrity (Sky Lake) Rezoning
year planning period. The School District of Palm Beach County has reviewed the application
and has determined that adequate capacity exists to accommodate the resident population.
Lastly, drainage will also be reviewed in detail as part of the review of the conditional use
application, and must satisfy all requirements of the city and local drainage permitting
authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby propertie~ or would affect the property values of
adjacent or nearby properties.
As discussed earlier under Items "a" and "b", the proposed rezoning would be compatible with
adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
Under the present R-l-AA zoning the property could be subdivided into 8 lots; whereas, under
the requested R-l-A zoning, it could be subdivided into 10 lots. In either case, there would be
sufficient land remaining to increase the right-of-way widths for the abutting substandard
streets.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, density, use, value and consistency with
Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum
potential service needs generated by the proposed project. The proposed density is consistent
with that allowed by the land use designation, and while it is slightly higher than that of the
single-family residential property to the north, it is similar to that of the adjacent developed
property to the south.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
While over 340 small scattered vacant residential lots exist throughout the city (a total of 72
acres), there are only three properties designated for low density residential development,
including the subject site, which are greater than 2 acres in size.
CONCLUSIONS I RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved with the condition that additional rights-of-way be provided to widen
Page 5
File Number: REZN 05-004
Gerrity (Sky Lake) Rezoning
adjacent streets to meet minimum City standards. If the Planning and Development Board or
the City Commission recommends conditions, they will be included within Exhibit "B".
ATTACHMENTS
];\SHRDATA\Planning\HUDSON\COMP PLAN PROCESS\STAFF REPORT NEW.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
ago and stated Knollwood Groves was a canker infested orange grove. Mr. Maxwell
took exception to this remark.
Mr. Johnson explained that the City's Forester was not the person referred to by Mr.
Maxwell. Mr. Maxwell was recommended to voice his concerns at the City Commission
meeting.
Since no one else wished to speak, the public hearing was closed.
Mr. Baldwin stated he lives across the street from the project and commended D.R.
Horton for all the landscaping they have been installing. He felt they were doing an
excellent job in screening the properties from each other.
With regard to the arborist referred to by Mr. Maxwell, Mr. Bryan noted he was one of
three firms that was recommended by Mr. Hallahan, since D.R. Horton was uncertain
whom to hire and wanted to hire a quality person. The firm they selected was Tree
Movers and they have evaluated the condition of the trees. The gentleman that spoke at
the Commission Meeting was Jim Goldesitch who is an environmental consultant and is
not an expert on trees.
Motion
Vice Chair Hay moved to approve the request for Site Plan approval to construct 148
zero lot-line single-family homes on a 36.17 -acre parcel in the Planned Unit
Development (PUD) zoning district, subject to the 44 staff Conditions with modifications
to Condition #1, as read by Eric Johnson; the deletion of Condition #26; and comments
regarding Conditions #29, #38 and #40. Motion seconded by Mr. Casaine and
unanimously carried.
C. Rezoning
1.
Project:
Agent:
Owner:
Location:
Gerrity Rezoning (REZN 05-004)
Bradley Miffer, Miffer Land Planning Consultants, Inc.
Biff Gerrity, Inc.
NE 8th Avenue at NW 10th Street
Description: Request to rezone 2.54 acres from R-1-AA Single
family Residential to R-1-A Single Family Residential
Future Land Use classification to remain Low Density
Residential (LDR) for the development of 10 single-
family residential lots.
Bradley Miller, Miller Land Planning Consultants, Inc., 298 Pineapple Grove Way,
Delray Beach, Florida, was present on behalf of the property owner, Biff Gerrity, Inc.
Chairman Wische noted there was one staff comment and Mr. Miffer agreed to the staff
comment.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Dick Hudson, Senior Planner, presented slides of the area to be developed. The street
on the north side of the property is not named and probably would be NW 9th Avenue
when it is named.
Mr. Miller noted many of the lots were platted in the 1950's and zoning standards since
then have changed. They are requesting to be allowed the same lot sizes as the
adjoining properties. They intend to extend the lot lines right on through to an average
of 64' in width.
Chairman Wische opened the public hearing.
Kim McGow, 945 Legrace Circle, Boynton Beach, lives west of the property to be
developed and had concerns about flooding in the area. She noted the City has
performed significant drainage work and inquired if there would be a retention area
included.
Mr. Miller responded there would not be a specific retention area, but they will be
including a drainage swale along the back of the lots to collect the drainage that would
outfall into the street system. He noted they would have to go through the City's
permitting process, the Lake Worth Drainage District and the South Florida Water
Management District, which means three different agencies would be looking at the
project from a drainage standpoint.
Ed Tedtmann, 869 NW 8th Avenue, Boynton Beach, stated the project would abut his
property to the north. He pointed out 25% of the parcel is low ground and questioned
whether the entire parcel would be utilized because no site plan has been presented.
He would like to know how the lots would be situated on the parcels.
Mr. Tedtmann did not think the 25 abutting residents were properly noticed or provided
with sufficient information about the project. He felt the notice should have included a
summary of the City's zoning regulations so people who received the notice would be
able to understand the rezoning of the property. He requested the Code be changed so
that people would be sufficiently notified.
He also mentioned there was a term called "minimum living area" that states 50% of the
attached garages, roofed screen porches and 50% of utility rooms count towards the
minimum living area. Also patios, decks and terraces were included and those are
outside the structure. Mr. Tedtmann felt there was a problem with the definition of "living
area." Architectural standards are used to design houses, not site plans or zoning. The
language being used did not conform to architectural standards. He pointed out the
applicant could build 1 ,250 square feet homes that would be comprised of half of the
garage and laundry room, etc.
Ms. Jaskiewicz pointed out that Mr. Tedtmann's concerns would be addressed at the
site plan approval hearing.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Motion
Mr. Cwynar moved to approve the request to rezone 2.54 acres from R-1-AA Single
Family Residential to R-1-A Single Family Residential Future Land Use classification to
remain Low Density Residential (LOR) for the ultimate development of 10 single-family
residential lots, subject to staff comments. Motion seconded by Mr. Baldwin and
unanimously carried.
D. Major Site Plan Modification
1.
Project:
Agent:
Owner:
Location:
Bethesda Hospital (MSPM 05-005)
Shayne Conover, Kilday & Associates
Bethesda Memorial Hospital, Inc.
2815 S. Seacrest Boulevard
Description: Request for Major Site Plan Modification to construct
a four-story, 86,167 square foot addition to the
Hospital, to accommodate a Comprehensive Heart
Center
Kieran Kilday, Planner, 1551 Forum Place, West Palm Beach, Florida, is the agent
for the project and pointed out agenda items F.1 and G.1 are related to this item. The
Board agreed to move up the other two items after this item is heard.
Chairman Wische pointed out there were 20 staff comments and asked the agent if
there were any comments he did not agree with or needed clarification on. Mr. Kilday
responded they agree with all staff comments.
Ed Breese, Principal Planner, pointed out the three items are inter-related. There is a
code review to amend the height within the PUD District, in which the Hospital is
located, to increase the height from 45' to 60' feet. Also staff is recommending that the
setback be increased for hospital structures within the PUD District to be three-times the
additional height above 45'. Therefore, if the building were to go 60', an additional 15'
setback would be required, in addition to the 30' existing setback, for a total setback of
45'.
Mr. Breese requested that even though the items would be addressed together, he
would like separate motions for each.
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Mr. Cwynar inquired if the Hospital still had power lines above ground. Mr. Kilday stated
there were power lines on the west property line that were still above ground. Also,
there are transformers at the ground level. Mr. Cwynar asked if the lines could be buried
and Mr. Kilday stated it is something they could look into. Mr. Cwynar would like to see
as many power lines underground since the events of the last hurricane season.
12
LOCATION MAP
Gerrity Property
REZN 05-004
Exhibit A
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EXHIBIT "B"
Conditions of Approval
Project name: Gerrity Rezoning
File number: REZN 05-004
Reference: Rezoning application prepared by Miller Land Planning Consultants, Ine.
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
1. Provide additional rights-of-way, easements and related X
improvements as required by the Engineering Department for NW
10th Street, NW 8th Court, and the unnamed street (NW 9th Avenue)
on the north; and provide a utility easement (if required) along the
south property line.
ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDmONS
1. To be determined.
ADDmONAL CITY COMMISSION CONDmONS
1. To be determined.
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ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF BILL GERRITY, INC., TO
REZONE A PARCEL OF LAND, AMENDING
ORDINANCE 02-013 TO REZONE A PARCEL OF
LAND LOCATED ON NORTHWEST 8TH COURT
NORTH OF OLD BOYNTON ROAD AND EAST OF
CONGRESS AVENUE, BOYNTON BEACH,
FLORIDA, AS MORE FULLY DESCRIBED HEREIN,
FROM R-l-AA SINGLE FAMILY RESIDENTIAL TO
R-I-A SINGLE FAMILY RESIDENTIAL;
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS, Bill Gerrity, Inc., owner of the property located on Northwest 8th Court,
north of Old Boynton Road and east of Congress Avenue in Boynton Beach, Florida, as more
particularly described herein, has filed a Petition, through its agent, pursuant to Section 9 of
Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
purpose of rezoning a parcel of land, said land being more particularly described hereinafter,
from R-l-AA Single Family Residential to R-I-A Single Family Residential; and
WHEREAS, the City Commission conducted a public hearing and heard testimony
and received evidence which the Commission finds supports a rezoning for the property
2 7 hereinafter described; and
28 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
29 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
S:\CA \Ordinances\PJanning\Rezoning\Rezoning - Gerrity.doc
1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
3 herein by this reference.
4
Section 2.
The following described land, located on Northwest 8th Court, north of
5 Old Boynton Road and east of Congress Avenue in the City of Boynton Beach, Florida, as set
6 forth as follows:
7 TRACT 19 OF SUBDNISION OF SECTION 29 AND 20, TOWNSHIP
8 45 SOUTH OF RANGE 43 EAST, ACCORDING TO THE PLAT
9 THEREOF AS RECORDED IN PLAT BOOK 7, P AGE(S) 20, OF THE
10 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
11
12
13 be and the same is hereby rezoned from R-l-AA Single Family Residential to R-l-A Single
14 Family Residential. A location map is attached hereto as Exhibit "A" and made a part of this
15 Ordinance by reference.
16 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
17 accordingly.
18
Section 4. All ordinances or parts of ordinances In conflict herewith are hereby
19 repealed.
20 Section 5. Should any section or provision of this Ordinance or any portion thereof be
21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
22 remainder of this Ordinance.
23 Section 6. This ordinance shall become effective immediately upon passage.
24
FIRST READING this _ day of
,2005.
25
26
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Gerrity.doc
1
SECOND, FINAL READING and PASSAGE this _ day of
,2005.
/"
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1 7 ATTEST:
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2 0 City Clerk
21
2 2 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S :\CA \Ordinances\Planning\Rezoning\Rezoning - Gerrity.doc
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) C8J July 19,2005 July 5, 2005 (Noon)
0 Administrative D Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM C8J Public Hearing C8J Legal
0 Bids 0 UnfInished Business
D Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 19, 2005 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on June 28, 2005, recommended that
the subject request be approved, as modifIed by staff to reduce maximum height from 75 feet to 60 feet, and include varying
setback provisions based on ultimate building height. For further details pertaining to the request, see attached Department
of Development Memorandum No. PZ 05-100.
EXPLANATION:
PROJECT:
Maximum building heights in Public Usage Zoning District -hospitals
(CDRV 05-012)
Shayne Conover, Kilday & Associates
N/A
City wide (Public Usage (PU) zoning district)
Request to amend the Land Development Regulations, Chapter 2 Zoning, Section 5(1)(2)
to increase maximum building height for hospitals from 45 feet to 75 feet, while retaining
existing maximum floor provision of four (4) stories.
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
-
Devel ent D partment ctor City Manager's Signature
2.,cJ~ ,,_
Planning and oqBl. irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-012 building height - hospitals\Agenda Item Request Bethesda Mem.Hosp CDRV 05-
012.7-19-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-100
FROM:
Chair and Members
Planning and Development Board
Michael W. Ru~(j~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THROUGH:
DATE:
June 17, 2005
SUBJECT:
CODE REVIEW (CDRV 05-012)
Maximum Building Height in Public Usage Districts - Hospitals only
NATURE OF REQUEST
Ms. Shayne Conover of Kilday & Associates, representing Bethesda Hospital, is requesting an amendment
to the City's Land Development Regulations to allow an increase to the maximum allowed height in excess
of the 45-foot limitation contained within the Public Usage (PU) zoning districts, for hospitals only (see
Exhibit "A" - Justification Statement).
BACKGROUND
Bethesda Memorial Hospital is requesting to construct a four (4) story, 86,167 square foot addition at the
northeast comer of the existing hospital building, in order to provide a Comprehensive Heart Center. The
City's Land Development Regulations Chapter 2, Section 5(J)(2) establishes the maximum building height
within the Public Usage (PU) districts. According to the current regulations, the maximum allowable
height is 45 feet, not to exceed four (4) stories. The applicant is requesting a modification of these
regulations to accommodate the Comprehensive Heart Center addition to the hospital. This addition would
extend vertically for four (4) stories, which meets one of the criteria under height determination. However,
the building would extend to a height of 55 feet - 10 inches to the roof deck, with the top of the parapet
wall at 59 feet - 9 inches. Additionally, the stair tower is depicted at a height of 68 feet - 11 inches, which
according to Chapter 2, Section 4.F.2, would be eligible for consideration of approval by the City
Commission for a Height Exception.
As proposed, the applicant is requesting to amend the Land Development Regulations, Chapter 2 Zoning,
Section 5(J)(2) to increase maximum building height for hospitals from 45 feet to 75 feet, while retaining
the existing maximum floor provision of four (4) stories.
Page 2
CDRV 05-012
ANALYSIS
The applicant has submitted a Code Review request to amend the allowable height in Public Usage (PU)
districts, for hospitals only, to increase maximum building height for hospitals from 45 feet to 75 feet,
while retaining the existing maximum floor provision of four (4) stories. The consulting firm Kilday &
Associates, Inc. has submitted this request on behalf of representatives for the Bethesda Memorial
Hospital. The request has been made to facilitate the planned addition of the Comprehensive Heart Center
to the existing hospital. The Comprehensive Heart Center, as proposed would be four (4) levels, extending
to a height of 55 feet - 10 inches to the roof deck, with the top of the parapet wall at 59 feet - 9 inches.
However, the stair tower is depicted at a height of 68 feet - II inches, which would exceed the existing
maximum allowable height of 45 feet in the PU zoning district by 23 feet - II inches.
Understanding that a stair tower, according to Chapter 2, Section 4.F.2, would be eligible for consideration
of approval by the City Commission for a Height Exception, staff reviewed the minimum required
amendment to the code to accommodate the proposed expansion. Staff also reviewed the information
submitted by the applicant explaining the need for each floor of the addition to be approximately 15 feet in
height, as opposed to typical building construction of 10 - 12 feet per floor. The justification of the subject
amendment is based on limitations of the existing site, functionality and equipment needs unique to a
hospital. A cross-section of the proposed addition (See Exhibit "B") indicates that the addition would be
constructed over the existing ambulance port, requiring a minimum of fourteen (14) feet of clearance for
emergency/rescue vehicles. The next floor, as depicted on the cross-section drawing, would be primarily
devoted to mechanical equipment and exceed thirteen (13) feet in height. The next floors, the 3rd and 4th
levels, would have a minimum of 9 feet from floor to ceiling, with nearly six (6) feet space above the
ceiling on each floor to accommodate the typical mechanical equipment for each floor, plus that equipment
unique to, or oversized for hospitals, housing conduits and conveyances such as, oxygen lines, fire
suppression, water lines, medical air, air handler equipment, vacuum and exhaust lines, etc.
Correspondence from the applicant reads as follows:
"The necessity of the proposed height of this expansion is due to
the fact that all the hospital infrastructure to serve the surgical
center and patient rooms, such as telecommunications, heating
and ventilating, oxygen, etc. will run between eachfloor", and
"The hospital must have the necessary clearance between each
floor to be able to add more clinical space otherwise the facility
would be limited to build only office space. ... There is no
opportunity for the hospital to secure adjacent property for
expansion so they are forced to build vertically to be able to
continue to provide medical services to a growing population. "
As noted in the preliminary review of this proposed code amendment, prepared for City Commission input
at their June 21, 2005 meeting, the zoning regulations have historically recognized the special height needs
of hospitals and their related buildings. A special height provision within the C-l zoning district allows the
maximum height for hospitals to be 45 feet compared to all other buildings in the district, which are
limited to 30 feet.
Taking into account the information provided by the applicant, the surrounding land uses most affected by
such a code amendment, expansion obstacles and the valuable services to be provided as a result of the
proposed expansion, staff recommends the following code amendment language to the Public Usage (PU)
District:
Page 3
CDRV 05-012
Amend Section 5.J.2. - Maximum Structural Height, as follows:
Maximum Structural Height
45 feet, not to exceed four (4) stories.
Maximum Structural Height (Hospitals only).
60 feet. not to exceed four (4) stories.
Maximum Side Yard
Maximum Rear Yard
15 feet, each side*
25 feet*
*When abutting residential districts, side and/or rear yard shall be thirty (30) feet. For hospital buildings,
additional setback in excess ofthirtv (30) feet shall be required for any height over forty-five (45) feet. The
additional setback shall be measured by calculating: three (3) additional feet of setback for each foot in
height above forty-five (45) feet, not including: minimal roof top equipment that are eligible for a height
exception, per Section 4.F.2.
Currently, the rear and side setback for the Public Usage (PU) district where it abuts a residential district is
thirty (30) feet. This additional setback as recommended would, in the case of a sixty (60) foot tall
building, increase the building setback from the current requirement of 30 feet to 75 feet.
The City Commission, at their June 21, 2005 meeting, preliminarily reviewed the proposed amendment
and directed staff to continue processing the Code Review request.
RECOMMENDATION
Staff recommends that the proposed amendments to Chapter 2. Zoning of the City's Land Development
Regulations, specific to height regulations within the Public Usage (PU) zoning district, be approved as
modified, to increase the maximum height for hospitals in the PU District to sixty (60) feet, while
increasing the associated setbacks by three (3) additional feet of setback for each foot in height above
forty-five (45) feet, not including minimal roof top equipment that are eligible for a height exception, per
Section 4.F.2. Any conditions recommended by the Board will be forwarded to the City Commission and
ultimately incorporated into an ordinance for final adoption.
J:ISHRDA TA\PLANNINGISHAREDlWPISPECIAL PROJECTS\CDRY\MAX HEIGm IN PU D1STRlcrs CDRY 05-012.DOC
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Ms. Johnson inquired whether the Board should consider the Code Review item before
addressing this item. Mr. Breese responded that the item was contingent upon the Code
Review being approved.
Motion
Mr. Casaine moved that the request for Height Exception approval of 8 feet-11 inches to
accommodate elevator equipment and stair tower components on the roof at a height of
68 feet-11 inches in the Public Usage (PU) zoning district be approved. Motion
seconded by Mr. Baldwin and unanimously carried.
G. Code Review
1 . Project:
Agent:
Owner:
Location:
Maximum building heights in Public Usage Zoning
District - hospitals (CDRV 05-012)
Shayne Conover, Kilday & Associates
Bethesda Memorial Hospital, Inc.
2815 S. Seacrest Boulevard
Description: Request to amend the Land Development
Regulations, Chapter 2 Zoning, Section 5 (J)(2) to
increase maximum building height for hospitals from
45 feet to 75 feet, while retaining existing maximum
floor provision of four (4) stories.
Chairman Wische noted there were no staff comments.
Ed Breese, Principal Planner, noted staff recommended 60' in height, rather than 75'
and the applicant has recommended 75' all inclusive to cover any of the mechanical
equipment that may be on the roof. Staff requested the number be 60'. The height
exceptions could be approved for the mechanical equipment as currently outlined in the
Code that would prevail for anything over 60'.
Mr. Kieran Kilday stated they agreed with staff's modification including the height and
additional setbacks being recommended.
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Motion
Mr.. Cwynar moved that the request to amend the Land Development Regulations,
Chapter 2 Zoning, Section 5(J)(2) to increase maximum building height for hospitals
14
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 28, 2005
from 45 feet to 75 feet, while retaining existing maximum floor provision of four (4)
stories be approved. Motion seconded by Mr. Baldwin and unanimously carried.
(Mr. Cwynar left the meeting at 7:50 p.m.)
D. Major Site Plan Modification
2.
Project:
Agent:
Owner:
Location:
Arbolata (a1k1a Carriage Pointe) (MSPM 05-006)
Derek Acree, Lennar Homes
Lennar Homes
Southeast corner of Congress and SW 35th Avenue
Description: Request for Major Site Plan Modification to construct
a recreation area for an approved town home project,
to include a pool, cabana/pavilion and play area with
multi-activity play apparatus. (Addressed Out of
Order)
Derek Acree, 1013 N. State Road 7, Royal Palm Beach, Florida 33411, was present
on behalf of the owner.
Chairman Wische noted there were 17 staff conditions and Mr. Acree stated they
agreed with all staff comments.
There was no public audience.
Motion
Mr. Baldwin moved that the request for Major Site Plan Modification to construct a
recreation area for an approved town home project, to include a pool, cabana/pavilion
and play area with multi-activity play apparatus be approved, subject to all staff
comments. Motion seconded by Vice Chair Hay and unanimously carried.
8. Other
9. Comments by Members
None
10. Adjournment
There being no further business, the meeting properly adjourned at 7:55 p.m.
Respectfully submitted,
~}h.Ik-~
Barbara M. Madden
Recording Secretary
(June 28, 2005)
15
Kilday Be Associates
Landscape Architects I Planners
1661 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-6522 · Fax (661) 689-2592
E-Mail: info@klldaylnc.com
May 11, 2005
EXHIBIT A
Mr. Ed Breese, Principal Planner
City of Boynton Beach
Planning Division 2nd Floor
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
Re: Code Review Request for Bethesda Memorial Hospital
Comprehensive Heart Center
Our File No. 352.23
Dear Mr. Breese:
Thank you very much for the comments based on your review of the Code Review
request that was submitted to your office on May 6, 2005. Based on our phone
conversation yesterday, you mentioned that it is Planning staffs recommendation that
the following revision be made to the proposed code language. This revision would
identify the maximum structural height allowed in the City of Boynton Beach in the
Public Usage (PU) zoning district specifically for Hospitals. This Code Review request
is to deviate from Chapter 2..5.J.2. and to revise the code language to read as follows
(proposed chanaes shown 'in bold and underlined) :
2. Building and site regulations. No
building or portion thereof shall be erected, constructed
converted, established, altered enlarged or used unless
the premises and building comply with the following
regulations:
Minimum lot frontage
Minimum lot area
Minimum front yard
Minimum side yard
Minimum rear yard
Maximum structural height
Maximum structural helaht
IHosDltal Onlvl
75 feet
8000 square feet
25 feet
15 feet, each side*
25 feet*
45 feet, not to
exceed four (4)
stories
75 feet. not to
exceed four (.4}
stories
Mr. Ed Breese
May 11,2005
Page 2 of 2
As outlined in my letter to you dated May 6th, this revision is being requested due to the
fact that there are unique conditions that apply to Hospitals in comparison to other
structures or buildings that are in the Public Usage (PU) zoning district. Therefore, the
request is necessary to allow the hospital to construct the proposed Comprehensive
Heart Center, in excess of the current height requirement.
Thank you for your continued assistance.
Sincerely,
~~u-~\.cvW"L
Shayne Cobo\ter /...
cc: Bob Broadway (Bethesda Memorial Hospital)
Tom Porter (Bethesda Memorial Hospital)
Mike Rumpf (City of Boynton Beach)
H:lCllent/352.231ConespondencelBreese Ietter.5-11-05.doc
.I
Kilday & Associates
Landscape Architects / Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 . Fax (561) 689-2592
E-Mail: info@kildayinc.com
May 6, 2005
Mr. Ed Breese, Principal Planner
Planning Division 2nd Floor
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
Re: Code Review Request for Bethesda Memorial Hospital
Comprehensive Heart Center
Dear Mr. Ed Breese:
Kilday & Associates, Inc. as agent for the applicant/property owner Bethesda Memorial
Hospital is requesting a Code Review from the City of Boynton Beach Land
Development Regulations Chapter 2.5.J.2. which the maximum height for any building,
or portion of a building, to be constructed shall not exceed 45 feet and a maximum of
four stories in the Public Usage (PU) zoning district in the City of Boynton Beach. This
Code Review request is to deviate from Chapter 2.5.J.2. and to revise the code
language to read as the following:
Maximum structural height
45 feet, not to
exceed four (4)
stories~
**The City Commission may approve additional height when it is demonstrated
that structural and/or technical reauirements result in a need for additional floor
heiahts for public health and safety purposes. However. in no case shalf the four
(4) stOry maximum be exceeded.
Due to the fact that the site is utilized as a Hospital there are unique conditions that
apply to this building in comparison to other structures or buildings that are in the Public
Usage (PU) zoning district. Therefore, the request is necessary to except the hospital
from the maximum 45 feet in height requirement.
A Major Site Plan Modification application was originally submitted on April 6, 2005 to
expand the existing Hospital Site Plan. The Hospital's existing total square footage is
586,819 square feet. This expansion is 86,167 square feet, which brings the proposed
Hospital total building square footage to 672,986 square feet.
...
Mr. Ed Breese
Page 2 of 2
A "Partial Building Section" detail that is provided by HDR Architecture, Inc. is attached
to this Jetter to show the abundance of mechanical equipment that is in between each
floor. For orientation purposes of this section detail, to the left of station 107 is the
existing portion of the hospital and to the right of this station is the proposed Heart
Center addition. The space between each floor is utilized by mechanical ductwork,
piping and electrical clearances. The necessity for the proposed height of this
expansion is due to the fact that all the hospital infrastructure to serve the surgical
center and patient rooms, such as telecommunications, heating and ventilating, oxygen,
etc. will run between each floor.
The air handler unit (AHU) as shown on this detail section and is located in between the
space of the proposed second and third level. This particular unit is the minimum size
required and will extend as tall as the entire floor. Also, this air handler unit is the
maximum size the architects can specify without using a custom built unit, which would
pose financial constraints on the project. Therefore, this specific space between the
second and third level is the most constrictive area within the overall building.
The hospital must have the necessary clearance between each floor to be able to add
more clinical space otherwise the facility would be limited to build only office space.
With this construction project, the hospital is trying to maximize clinical space to not
disrupt the hospital functions in the future. There is no opportunity for the hospital to
secure adjacent property for expansion so they are forced to build vertically to be able
to continue to provide medical services to a growing population. They must work within
the constraints of their existing site and within the parameters of the existing building.
For these reasons, we would like to be considered for a code review.
Thank you for your continued assistance.
Sincerely,
~~~
Shayne Conover
Attachments: Exhibit A
cc: Tom Porter (Bethesda Hospital)
H:/C1ient/352.231CorrespondencelCode Review Requesl5-3-05.doc
"'"
v
ABBREVI A TJ ONS
AHU = AIR HAHlllIHG IIIIT
cw . allum IlATER
C1Il = CIlium WATER RETIIlN
CIIS . CIlILLED IlATER Sll'PL Y
EA = EXlWIST AIR
EF = EXHAUST FAIl
fiRE = FIRE SPIUIIKLER 1I1E
HW = HOT WATER
HWC = HOT WATER CIRClUTllII PIPE
RlIt . HOT WATER IiET1JIH
HWS = HOT WATER S\l'PLY
NA = IEDICAL AIR
o = OXYGaI
RA = RE1IlRH AIR
SA = SUPPLY AIR
lIII . TERIIINAL IIIlT REHEAT
y = VACIJlIW
V'IR = VARIABLE YIlUlE REHEAT BOX
EXHIBIT B
ROlF LEV~L
EL - 155 -10"
~
""...
""..
....
?
en
...
FOURTH ~VEl
EL = 140 -10"
~
-..
HlIllEA
""..
.....
STAFF
TOILET
/lEDS
NURSING
STATION
2
THIRD LE~L ~
EL - 125 -10"
--
AAIlULAHCE
CARPORT
?
:!
FIRST LE}'fl ~
EL = 100 -0"
LOIlER L~VEL ~
EL - 81 -II"
PARTIAL BUILDING SECTION THROUGH AMBULANCE CARPORT
SHOWING MECHANICAL DUCTWORK. PIPING. AND ELECTRICAL CLEARANCES
SCALE:'/a" = 1'-0"
fiR
I Pnfect 1IIIe Bethesda NeIoor I a I Hosp I ta I
P20 Cooprehens I ve Hecrt Cwer
~ 1IIIe
PcrtlaJ Bur Idlng SectIon through
AnbuI<JlCe Ccrport
IW-~
I CPR Hum.....
,..... Number
IProfect~,8902
lDaN Nay 11. 2005
,........ --
--....
File Name:
18902a-so01.dgn
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 5(J)(2)
6 "PUBLIC USAGE DISTRICT"; PROVIDING FOR INCREASE
7 IN MAXIMUM BUILDING HEIGHT FOR HOSPITALS FROM
8 45 FEET TO 60 FEET WHILE RETAINING EXISTING
9 MAXIMUM FLOOR PROVISIONS OF FOUR (4) STORIES;
10 PROVIDING FOR CONFLICTS, SEVERABILITY,
11 CODIFICATION AND AN EFFECTIVE DATE.
12
13 WHEREAS, the City has received a request on behalf of Bethesda Hospital for
14 amendment to the City's Land Development Regulations to allow an increase to the maximum
15 height of buildings for hospitals only; and
16 WHEREAS, the City Commission finds that it is in the best interest of the public to
17 allow hospital buildings to exceed forty-five (45) feet, subject to the criteria hereinafter set
18 forth.
19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
The foregoing whereas clause is true and correct and is now ratified and
22 confirmed by the City Commission.
23 Section 2. Chapter 2. "Zoning", Section 5.J.2. of the Land Development
24 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding
25 the words and figures in underlined type, and by deleting the words and figures in struck-
26 through type as follows:
27
Sec. 5.J.
PU PUBLIC USAGE DISTRICT.
28
29
30
31
32
33
34
35
36
37
38
39
2.
Building and site regulations. No building or portion thereof shall be
erected, constructed, converted, established, altered, enlarged or used
unless the premises and building comply with the following regulations:
Minimum lot frontage
Minimum lot area
Minimum front yard
Minimum side yard
Minimum rear yard
Maximum structural height
75 feet
8000 square feet
25 feet
15 feet, each side*
25 feet*
45 feet, not to exceed four (4)
stories
S:ICA\OrdinancesILDR ChangeslAmdending LDR - 25J2 Building height hospitals.doc
I
2
3
4
5
6
7
8
9
10
I I
Maximum structural height (hospitals only) 60 feet, not to exceed four (4)
stories
*When abutting residential districts, side and/or rear yard shall be thirty (30) feet.
For hospital buildings, additional setback in excess of thirty (30) feet shall be
required for any height over forty-five (45) feet. The additional setback shall be
measured by calculating three (3) additional feet of setback for each foot in height
above forty-five (45) feet, not including minimal roof top equipment that are
eligible for a height exception, per Section 4.F.2.
Section 3.
Each and every other provision of the Land Development Regulations
12
not herein specifically amended, shall remain in full force and effect as originally adopted.
13
Section 4.
All laws and ordinances applying to the City of Boynton Beach III
14 conflict with any provisions of this ordinance are hereby repealed.
15
Section 5.
Should any section or provision of this Ordinance or any portion
16 thereofbe declared by a court of competent jurisdiction to be invalid, such decision shall not
17 affect the remainder of this Ordinance.
18
Section 6.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
19
Section 7.
21
FIRST READING this _ day of July, 2005.
SECOND, FINAL READING AND PASSAGE this
day of
20
22 August, 2005.
23 CITY OF BOYNTON BEACH, FLORIDA
24
25
26 Mayor
27
28
29 Vice Mayor
30
31
32
33
34
35
36
37
38 ATTEST:
39
40
41 City Clerk
Commissioner
Commissioner
Commissioner
S:\CA\Ordinanees\LDR Changes\Amdending LDR - 2512 Building height hospitals.doe
IX. - CITY MANAGER'S
REPORT
ITEM A
1
2 RESOLUTION NO. R05- oq \
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
8 BOYNTON BEACH AND THE BOYNTON BEACH
9 COMMUNITY REDEVELOPMENT AGENCY
10 REGARDING THE BOYNTON BEACH EXTENSION
II PROMENADE PROJECT; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, the City owns land that IS know as the Boynton Beach Extension
15 Promenade Property; and
16 WHEREAS, the CRA owns property that will become a portion ofthe Boynton Beach
17 Extension and Promenade project and is going to have improvements permitted and
18 constructed on said property; and
19 WHEREAS, the CRA wishes to further reimburse the City for its additional costs of
20 acquisition of the Hall property; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
23 City of Boynton Beach to approve the InterIocal Agreement between the City of Boynton
24 Beach and Boynton Beach Community Redevelopment Agency regarding the Boynton Beach
25 Extension Promenade Project.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
28
29 incorporated herein by this reference.
S:ICA lRESOlAgreements\ln\erlocals\]LA with CRA (Promenade Extension).doc
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby approve the lnterlocal Agreement between the City of Boynton Beach and the Boynton
3 Beach Community. Redevelopment Agency regarding the Boynton Beach Extension
4 Promenade Project, a copy of said Agreement is attached hereto as Exhibit "A".
5
Section 3.
That this Resolution shall become effective immediately upon passage.
6
PASSED AND ADOPTED this _ day of
,2005.
7
8
9
JO
11
12
I3
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26
27 City Clerk
28
29
30 (Corporate Seal)
31
32
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Jnterlocals\JLA with CRA (Promenade Extension).doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1\'.
XI. - NEW BUSINESS
ITEM A.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) ~ July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda ~ New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: City Commission to appoint two representatives to attend the International Downtown
Association 51st Annual Conference in Denver. CO., September 10 -13, 2005.
EXPLANATION: Doug Hutchinson, CRA Executive Director, has offered to fund two members of the City Commission to
attend the International Downtown Association Conference. A copy of the brochure is attached. Please note that the CRA
has won a Merit Award for their Genesis Program. As this is an international competition, this is a great honor for the City of
Boynton Beach.
Mr. Hutchinson has advised that in the event two commissioners do not choose to attend that the Commission either designate
the City Manager or a City Planning Department representative to attend.
PROGRAM IMPACT:
FISCAL IMPACT: None
ALTERNATIVES: City Commi,-,ion not 'ppnint 'ep<<""nt"iv" to attend. ~
Department Head's Signature City Manager's Signature
City Attorney / Finance / Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
0:: IDAO 5 SE:TEMBER
W 10 13, 2005
> MILE HIGH
~ MOSAIC
INtERNATIONAL 51st ANNUAL
. 'PWN ASSOC1AT!ON CONFERENCE
ONE OF THE NATION'S MOST REMARKABLE
URBAN REVITALIZATION STORIES LIES NESTLED
ON THE EASTERN EDGE OF THE GREAT ROCKY
MOUNTAIN RANGE - A MILE-HIGH CITY WITH
MILE-HIGH ACCOMPLISHMENTS AND AMBITIONS.
DOWNTOWN DENVER IS A TRULY ASTOUNDING
SUCCESS STORY.
Fifty years ago a new partnership was born, dedicated to the notion that
downtown Denver could avoid the fate of decline and fading economic
fortune that many downtowns were facing. Downtown leaders believed
they could create a magnet that would literally draw people from all over
the globe - and that dream has come true.
Today, downtown Denver has not only transformed the bricks and
mortar architecture of downtown - it has transformed the spirit of its
people. A new lifestyle has emerged, infusing those who live and work
there and those who visit with a passion for life and health. Few cities
see so many people walking, running and biking to their destinations.
Few boast the hustling, bustling nightlife that has made Denver the
place to be day and night. Few have seen such an explosion of down-
town residential development. Few are creating an environment for
small businesses that make Denver a hotbed for entrepreneurs. And
even fewer have done all this with the grace and style you'll see in
downtown Denver.
Join us for the 51st Annual International Downtown Association
Conference. You'lf see a city, a downtown, and a downtown organization
that has become the envy of North America and the world.
..JCI)
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20
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Design
Pedestrian and Transit Malls - A New
Future?
Downtown Historic Districts - Design
Standards that Work
Wayfinding - Finding What Fits
Streetscape Design - Beyond Benches
and Bricks
Retail
Retail Demand Studies and Results
Ten New Retailers You Want in Your
Downtown
Residential
Affordable Housing - Going, Going
Gone in Downtowns?
Making the Tough Deals Work
Residents in BID Districts - What Do They Want?
Office
Mass Customization in Parking - A New Strategy
for Retention?
Office Trends - A Look at the Market
Are You a BWC (Best Workplace for
Commuters)?
~:llll]_l [ "...
Transportation
How Downtown Organizations are Managing Public Parking
Using Technology to Keep Parking Customers Happy
Special Districts
Keys to a Successful Downtown Cultural and Scientific District
BIDs: Partners in Downtown Safety
Downtown Development and Urban Renewal Authorities
The Downtown Wi-Fi District Emerges
Marketing and Promotions
Hosting Citywide Events
Marketing BID Campaigns and Renewals
Marketing Professionals Roundtable
Economic Development
Sports - Economic Impact of Teams and Facilities
How Researching Industry Sectors Aids Business Recruiting
Building Your Organization
Are You Ready to Re-Think Your Board of Directors?
Mergers, Acquisitions, Holding Companies. and Conglomerates
Human Resources Roundtable - Salaries, Benefits, and Policies
Planning
Downtown vs. Lifestyle Centers
Role of Downtowns in Regional Economy
Adaptive Re-use of Histqric Buildings
C4
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There is so much to see and experience in the city
of Denver and its environs. So come early and
play or stay after and relax!
Walking Tours:
Gold Dust and Trail Dust
(10:00 am - 12:00 pm Saturday)
Walk back in time and relive Denver's glory days as
mining camp, frontier crossroads, supply center, and
Wall Street of the West. Prepare to be regaled by
stories of boomtown conditions, Indian wars, law-
lessness, and frontier justice. This tour visits Denver's
birthplace-Lower Downtown (LoDo), and continues
along Cherry Creek, where the discovery of the first
gold nuggets set off the Rush of 1859. The tour will
go by our historic train depot, Union Station, which
brought thousands to Denver seeking their fortune,
and visit Denver's historic main-street-turned-enter-
tainment district, Larimer Square.
Distance: Approximately 15 blocks
Fee: $20 (US)
-
-_._--------~<~._._._._._-_.__.__._-_._-------~-~-----..~_.~~~-
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Take a Walk on the Wild Side
(8:00 am - 10:00 am Saturday)
Hear about the most notorious saloons and bor-
dellos in Denver history! Starting along 16th Street,
we will visit Larimer Square, once the seediest skid
row in Denver. We will continue on to Market
Street, named for the flesh market that proliferated
there, and walk past the infamous home of famed
Madame Mattie Silks. We will continue past the
site of the Windsor Hotel, which saw many illicit
liaisons in its time, and tour the bars of the Oxford
Hotel. The last stop is the Wynkoop Brewing
Company, a modern landmark in a historic build-
ing, where we will taste some of the homemade
brews in this historic bUilding.
Distance: Approximately 15 blocks
Fee: $30 (US)
I Ampco System
Parking
GRAND
H~T
I Service Group, Inc.
~rl I
P.,~". VValkE>r Carl Walker. Ine.
PI8nnIo\gEo1~~__
D ~ .. V ! I
D 0 W N TOW
vi~ I Vivato, Ine.
-
I Grand Hyatt Denver
I Cherry Creek
North
_u_r~~~;~,-:~ I ~~~::;ts. Inc.
I Progressive Urban
Management Associates, Inc.
Bus Tours:
A Liquid History of Denver with Tom "Dr.
Colorado" Noel (1:00 pm - 5:00 pm Saturday)
See the saloons of Denver with the man who
wrote the book on frontier drinking! Tom Noel is
legendary across Colorado for his knowledge of
bars and their history. Dr. Colorado will take the
group to some of the most notorious watering
holes in the city, and entertain visitors with stories
of the greats, and near greats, who frequented the
saloons. If you can't hold your liquor, this ain't the
tour for you!
Fee: $60 (US)
Rocky Mountain Pride. Denver City Tour
(8:30 am - 12:00 pm Saturday)
Your tour balances the city's thriving modern
metropolis with the city's rowdy past. After leaving
our pickup point, we drive east of the city through
enchanting residential areas, past two of Denver's
over 200 parks, the Denver Museum of Natural
History and the Denver Zoo. At this point, we view
the beautiful skyline of Denver and the mountains
beyond - truly the "stuff" post cards are made of.
The fully narrated tour then drives by the Botanic
Gardens, Molly Brown House, the Governor's resi-
dence, our Lower Downtown area. with all its
intrigue. and the world-class Center for Performing
Arts. So much more to see. The city's sports com-
plexes, the Federal Courthouse. Denver's Cathedral
of the Immaculate Conception. and finally a visit at
the Colorado state capitol building. (Be sure to take
a photograph at the mile-high marker on the capi-
tol building steps_) Return to the Cherry Creek
Shopping Center where you can enjoy lunch, shop-
ping or free transfer back to your downtown hotel.
At the end of this tour, you'll no longer be a
stranger to the Mile High City.
Fee: $25.00 (US)
-P PRRKeon I Parkeon
I
....
BEST
Workplaces I US Environmental
~ Protection Agency
Denver Mountain Parks Tour
(1:30 pm - 5:30 pm Saturday)
We leave Denver behind as we drive west into the
foothills, a transitional area between the Great
Plains to the east and the majestic Rockies to the
west. Our first stops are in Red Rocks Park &
Amphitheater. a world renown venue due to its
nearly perfect acoustics and beautiful mountain
setting. It will be easy to see how the park got its
name with the beautiful color in geology all
around. We allow time to experience the new inter-
active visitors center exhibits featuring the music
history, geology. and the Civilian Conservation
Corp. Refreshments are available. Continuing up
Bear Creek Canyon along the route of pioneer
stagecoaches to the town of Evergreen, through
the scenic Genessee Park, keep an eye open for
the area wildlife: elk. deer and the great North
American bison. Our final stop is at Buffalo Bill
Cody's gravesite and museum overlooking the
entire Denver parks system. Admission to the
Buffalo Bill museum is included. We spend about
20 minutes on top of Lookout Mountain; snacks
are available (after paying the proper respects to
Wild Bill.) From there, you'll follow the old "Lariat
Trail" to Golden, home of the Colorado School of
Mines and Coors Brewery.
Fee: $30.00 (US)
Sage Hospitality I
Brownstein Hyatt & Farber
East West Partners / Riverfront Park
Economics Research Associates
Equity Office Properties Trust
H. Blount Hunter Retail & Real Estate Research
Opus Northwest
Pinnacle Club
Urban Place Consulting Group
Victor Stanley. Inc.
Weils Fargo
In addition to the scheduled pre-conference activities
that can be booked through IDA, consider extending
your trip and schedule one of these full-day tours on
your own. You can get more information on these tours
and many more by visiting www.coloradograyline.com.
or call (800) 348-6877 or (303) 289-2841 to schedule
your tour.
Rocky Mountain National Park Tour
(8:30 am - 6:30 pm)
Experience the heart of Colorado's high country on this
22S-mile showcase tour of Rocky Mountain National
Park. Your tour heads west of Denver through scenic
Clear Creek Canyon and the town of Golden, home to
Coors Brewery, Colorado School of Mines and the US
Geological Survey. Enjoy lunch on your own in the
quaint mountain town of Grand Lake, overlooking the
highest yacht basin in the nation. Your route for the
afternoon crosses the Continental Divide and looks out
over peaks that tower more than 14,000 feet above sea
level. The trip travels back through the Estes Park area
and into the rugged North St. Vrain Canyon. Return
to Denver in the early evening having crossed the
Continental Divide not once, but twice'
renowned Cadets Chapel, then on to a 30-minute
tour through the Garden of the Gods to see the
magnificent red sandstone rock formations, and
then to lunch in a lovely park setting. The highlight
of the tour is the most visited mountain in North
America and the second most visited mountain in
the world behind Japan's Mount Fuji - Pikes Peak.
A stunning backdrop for Colorado Springs and the
Garden of the Gods, at 14,110 feet above sea level,
Pikes Peak is the farthest east of the big peaks in
the Rocky Mountain chain, which contributed to its
early fame among explorers, pioneers and immigrants
and made it the symbol of the 18S9 Gold Rush to
Colorado with the slogan, "Pikes Peak or Bust".
US Air Force Academy, Garden of the Gods
and Pikes Peak - Patriotic pride and beauty
An awe-inspiring tour through Colorado Springs'
pride and joy! Your tour will take you first to the
.
Join IDA Now and Save!
Join IDA Now and save 1/3 off membership your first year and enjoy the member rate for
conference registration. Call IDA at (202) 393-6801 or visit our website www.ida-down-
town.org for a dues schedule and to download our membership application. Dues payment
and membership application must accompany conference registration.
lnlernalioruU Downtown
Association
International Downtown Association's 51st Annual Conference
Denver, Colorado. September 10 - 13, 2005
Registration Deadline August 26, 2005
REGISTER ONliNE AT WWW.IDA-DOWNTOWN.ORG
Please copy this form. Complete one for each registrant (except partner/spouse), and forward by fax or mail
Name
Job Title
Partner/Spouse
Organization
Address
City/State/Province
Phone
Email (required)
Postal Code
Fax
Website
Country
REGISTRATION FEES (all fees are in US$)
IDA Members
US/International
Canadian
Non Members
By August S
After August S
Amount
$675
$575
$825
$750
$650
$875
$325
$175
$
$
$
$
$
By Day: (Please Indicate Day) 0 Sun 0 Mon 0 Tues
Partner/Spouse
PRE-CONFERENCE WORKSHOPS
Saturday, September 10, 9:00 am - 12:00 pm (Please Select Workshop) $75
o Marketing the Urban lifestyle
o Transit-Oriented Developments
o Secrets to Success - Retail Strategies that Work
$
Saturday, September 10. 1:00 pm - 4:00 pm (Please Select Workshop) $7S
o Parking Management - New Approaches
o National Marketing Strategies
o Governance Challenges - Keys to Effective Board Leadership
$
PRE-CONFERENCE ACTIVITIES AND TOURS
Sat. 9/10
o Gold Dust and Trail Dust
o Take a Walk on the Wild Side
o A liquid History of Denver
o Rocky Mountain Pride - Denver City Tour
o Denver Mountain Parks Tour
Total Amount Enclosed
Qty:_ X $20 $
Qty:_ X $30 $
Qty:_ X $60 $
Qty:_ X $2S $
Qty:_ X $30 $
$
Charge my: 0 Master Card
o Visa
o American Express
Card Number:
Expiration:
Signature:
Name as it appears on card:
HOST ORGAN!
ONS
[j]
II:>PW"nDWM OJNYP
"'"T...t'.&HI~. IHC.
Downtown Denver Partnership
Downtown Denver Partnership, Inc. CDDP) is a non-profit business organization
that creatively plans, manages and develops Downtown Denver as the unique,
diverse, vibrant and economically healthy urban core of the Rocky Mountain
region. Since 1955, DDP has been the advocate for the center city's business
community, bringing together leaders from a broad range of industries and
markets to ensure that Downtown Denver remains an active, livable place.
www.downtowndenver.com.
FIFTY YEAllS
.
IDA
The International Downtown Association is a world leader of and champion for
vital and livable urban centers. Through its network of committed individuals,
its rich body of knowledge, and its unique capacity to nurture community-
building partnerships, IDA is a guiding force in creating healthy and dynamic
centers that anchor the well being of towns, cities and regions of the world.
www.ida-downtown.org
International Downtown
Association
.
International Downtown
Association
First Class Mail
U.S. Postage
PAID
Laurel, MD
Permit No. 6326
1250 H Street NW, 10th Floor
Washington, DC 2005
Register by August Sth and Save!
Register now at www.ida-downtown.org
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XII. - LEGAL
ITEM A.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005
D April 19,2005 April 4,2005 (Noon) D June 2 I, 2005
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005
D May 17,2005 May 2,2005 (Noon) [8] July 19,2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16, 2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
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July 5, 2005 (Noon)
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D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing [8] Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
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RECOMMENDATION: Please place this request on the July 19,2005 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission recommended that the subject request be approved on July 5, 2005
under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached
Department of Development Memorandum No. PZ 05-089,
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
415 SE 5tb Avenue (ABAN 05-002)
Jeanne Heavilin, Sale fish Realty, Inc.
James E. Ploen
415 SE 51b Avenue
Request Abandonment of a portion of Railroad Avenue, approximately 30 feet by 77 feet,
immediately north of 51b Avenue South, west of Lot 11, Block B of Pence Subdivision
and East of the Florida East Coast Railroad right-of-way.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~~~mre
~ it-~
./ Planning and Zoning Dire r City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\415 SE 5th Ave ABAN\Agenda request 4 15 SE 5th ABAN 05,002 7,19,Q5.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-089
Chair and Members
Community Redevelopment Agency Board
Michael W. Rumpf i.1J Q./
Planning and Zoning Director
Ed Breese ~
Principal Planner
May 25, 2005
Abandonment of a segment of the 30-foot right-of-way of Railroad Avenue
(adjacent to 415 SE 5th Avenue)
ABAN 05-002
NATURE OF REOUEST
Ms. Jeanne Heavilin of Salefish Realty, agent for James Ploen, is requesting to abandon a portion of an unimproved
30-foot right-of-way, located on the north side of SE 5th Avenue. This unimproved right-of-way is situated between
a small parcel of land to the east (owned by Mr. Ploen) and the Florida East Coast (FEe) Railroad to the west. The
abandonment request was formally submitted on March 23, 2005. The platted right-of-way subject to this specific
request is 30 feet wide and approximately 77 feet long. It is described as follows:
A portion of Railroad Avenue as recorded by Pence Subdivision No.1 in Plat Book 1, Page 33, of the Public
Records of Palm Beach County, Florida, said land to be abandoned are described as follows:
That portion of Railroad Avenue being described as bounded on the South by the South line of Lot 11, Block
"B" (North right of way line of S.E. 5th Avenue), as shown in the above mentioned subdivision of Pence;
bounded on the North by the North line of lot 11, Block "B" bounded on the East by the West line of Lot 11,
Block "B", bounded on the West by the East right of way line of the Florida East Coast Railroad right of way,
as shown by the Plat of Pence Subdivision No.1, recorded In Plat book 1, Page 33, of the Public Records of
Palm Beach County, Florida.
SUbject to a 30 foot utility easement.
Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"-
"Proposed Abandonment" shows the exact location of the subject site and its legal description. The follOWing Is a
description of the land uses and zoning districts of all properties that surround the subject right-of-way.
North -
South -
East
West -
513 and 515 SE 4th Street, zoned Community Commercial (C-3);
Right-of-way for SE 5th Avenue, and farther south City-owned property (Pence Park),
zoned Recreation CREe);
421 SE 5th Avenue, a single family house, zoned Community Commercial (C-3); and
Right-of-way for the FEC Railroad, then farther west Is A.A.M. Industries, Inc., zoned
light Industrial (M1).
Page 2
Memorandum No. PZ 05-089
ABAN 05-002
BACKGROUND
The subject abandonment request is for a segment of the 30-foot unimproved Railroad Avenue right-of-way, that
fronts on 5th Avenue South and runs northward for a distance of approximately 77 feet. That segment of Railroad
Avenue, located immediately north of the subject right-of-way, was previously abandoned to the properties
immediately north of this parcel (513 and 515 SE 4th Street) in October of 1994, by Resolution 94-171. The 1994
abandonment left only this 77-foot long segment of the unimproved Railroad Avenue right-of-way running south to
SE 5th Avenue, adjacent to the applicant's (Mr. Ploen) property.
ANALYSIS
When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is
transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would
be affected by an abandonment request. One-half of the right-of-way is conveyed to one (1) abutting property
owner and the other half is conveyed to the other abutting property owner. Since the FEC Railroad is Immediately to
the west, fifteen (15) feet of unimproved Railroad Avenue would be conveyed to the Railroad and fifteen (15) to the
applicant, Mr. Ploen. This does not prohibit the two property owners from working out an agreement amongst
themselves after the abandonment is completed by the City, as at that point in time it is a private transaction
Involving private property. Adequate public notice was given to all affected property owners in accordance with
Chapter 22, Article III, Section 4 of the Land Development Regulations. All public utility companies have been
notified and the abandonment request has been advertised in the local newspaper. The applicant requesting this
abandonment is the owner of the property to the east, Mr. James E. Ploen.
,. c;ummary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Approval with conditions (see Exhibit "c" - Conditions of Approval) or
Suggestion of an alternate method (Revocable License Agreement)
No objection
No objection
Public Works / Utilities
Planning and Zoning
PUBUC UTILIlY COMPANIES
Florida Power and Light No objection
BellSouth - Approval with conditions (see Exhibit "c" - Conditions of Approval)
Florida Public Utilities Company - No objection
Cable Company (Adelphla) No objection
Cable Company (Comcast) N/ A
Excluding BellSouth, all public utility providers have Indicated that they have no objection to the applicant's request
for abandonment and Bell South, due to an active buried telecommunication cable In the right-of-way, will provide a
letter of no objection with the provision of the necessary easement for the buried cable (see exhibit "c" -
Conditions of Approval). Additionally, in support of Bell South, the Engineering Division Is also requiring
~bllshment of a utility easement to preserve access to BeIlSouth utility lines. The Engineering Division has also
jested an alternative method to abandonment, In the form of a Revocable License Agreement, which would
allow the applicant use of this unimproved right-of-way, while the City maintains ownership. Under this agreement,
no structures could be constructed over the right-of-way subject to the license.
Page 3
Memorandum No. PZ 05-089
ABAN 05-002
RECOMMENDADON
Staff has determined that the subject right-of-way does not serve a public purpose, and therefore is recommending
approval of the request to abandon the 3D-foot unimproved roadway as described above, subject to the comments
included in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Community
Redevelopment Agency Board or City Commission will be placed in Exhibit "c" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\415 SE 5th Avenue Aban\ABAN 05-002\Staff Report.doc
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SE.7TH.AVE
415 SE 5th Avenue Abandonment of Right-of-Way
Jo.oph M. Tucker, 'P.L.S.
219 S.E. 23rd AVENUE .'P.O. BOX 759. BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734~7~46
PORTION OF RAILROAD A VENUE
TO BE ABANDONED
EXHIBIT B
BOUNOARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
A PORTION OF RAll...ROAD A VENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 1,
PAGE 33,OF TIlE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND TO BE
ABANDONED ARE DESCRIBED AS FOLLOWS;
TIIAT PORTION OF RAll...ROAD AVENUE BEING DESCRIBED AS BOUNDED ON TIIE soum BY TIIE
- SOU1H LINE OF LOT 11, BLOCK "B" (NORm RIGHT OF WAY LINE OF S.E. 5 rn A VENUE), AS SHOWN
I INTIIE ABOVE MENTIONED SUBDIVISION OF PENCE; BOUNDED ONTIIE NORm BY TIlE NORTH LINE
OFLOT 11, BLOCK "B",: BOUNDED ON lHE EAST BY TIlE WEST LINE OF LOT 11, BLOCK "B',; BOUNDED
ON TIIE WEST BY THE EAST RIGHT OF WAY LINE OF ~ FLORIDA EAST COAST RAILROAD RIGHT
OF WAY, AS SHOWN BY TIIEPLAT OF PENCE SUBDIVISION NO. 1, RECORDED IN PLAT BOOK 1, PAGE
33, OF TIlE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
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I HEREBY CERTIFY mAT THE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ;
ACCORDANCE Wl1HlHE SURVEYING STANDARDS, CHAPIER61G176,FLORIDAAPMINISTRATIVE CODE, SET FORlH ; ,
BY lHE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA: I
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS TIIE
SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING,
SKETCH PLAT OR MAP IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID
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NOTE: nns IS NOT A SKETCH OF SU.RVEY, BUT ONI.. Y A 9RAPHIC DEPICTIONS
OF lEE DESCRIPTION SHOWN HEREON, 1HERE HAS BEEN NO F1EID WORK.
VIEWlNOOF THE SUBJECT PROPERTY, ORMONUMENTS SET IN CONNECTION.. .
wrrn TIlE PREPARATION OF TInS INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY lEE SURVEYOR
FOR RIGIITS OF WAYS, EASEMENTs OR RESERVATIONS OF RECORD
Phcne:
"Boca (561) 391--4388
Boynlon(561) 737-6546
FAX (561) 734-7546
JOSEPH M. TUCKER. P.L.S.
219 S.E. 23rd Ave. . P'Q Box 759
Boynton Beach. Fl33435
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EXHIBIT "e"
Conditions of Approval
Project name: Abandonment of a portion of the 30-foot right-of-way of Railroad Avenue
(adjacent to 415 SE 5th Avenue)
File number: ABAN 05-002
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND WNING
Comments: None X
PUBLIC UTILITY PROVIDERS
Comments:
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
1. Provision of a utility easement satisfactory to BellSouth and City Engineerin~. X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
2. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
3. To be determined.
S:\PlannIngISHAREDlWP\PROJECTSW15 SE 5" Ave Aban IABAN 05-002\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Abandonment of a portion of the 30-foot right-of-way of Railroad Avenue
(adjacent to 415 SE 5th Avenue)
APPLICANT'S AGENT: Salefish Realty
APPLICANT'S ADDRESS: 915 S. Federal Hwy., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 5, 2005
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 30-foot unimproved road right-of-way
LOCATION OF PROPERTY: Generally located immediately north of 5th Avenue north, between 415 SE 5th
Avenue to the east and the FEC Railroad to the west.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Community Redevelopment Agency Board, which Board found as follows:
OR
X THIS MA ITER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth on
Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7 . Other
DATED:
City Clerk
S:\Plannlng\SHARED\WP\PROJECTS\415 SE 5th Avenue Aban \ABAN 05-002\DO.doc
XII. - LEGAL
ITEM A.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005
0 April 19, 2005 April 4,2005 (Noon) 0 June 21,2005
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005
0 May 17, 2005 May 2, 2005 (Noon) [8J July 19,2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16, 2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
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0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing [8J Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
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RECOMMENDATION: Please place this request on the July 19, 2005 City Commission Agenda under Legal,
Ordinance _ Second Reading. The City Commission recommended that this item be approved for First Reading on July 5,
2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-082.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Commercial Uses in PUD Planned Unit Development District (CDRV 05-011)
Staff-initiated
PUD Planned Unit Development District
Request to amend the Land Development Regulations, Chapter 2.5. Planned Unit
Development, Section 9.D. Commercial Standards, to allow commercial uses to front on
exterior or perimeter streets, when such locations are consistent with adopted
redevelopment plans.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
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/' Planning and Zoning Q{1ector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-011 Commercial in PUDs\Agenda Item Request - 2nd reading July 19 2005.dot
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-011 Commercial in PUDs\Agenda Item Request - 2nd reading July 19 2005.dot
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-082
TO:
Mayor and Oty CommlSSlo~
Dick Hudson, AICP K~
Senior Planner ~
Michael W. Rumpf I'(
Director of Planning and Zoning
FROM
THROUGH:
DATE:
May 17, 2005
SUBJECT:
Commercial Uses in Planned Unit Developments (PUDs)
CDRV 05-011
NATURE OF REOUEsr
Staff is proposing an amendment to the land Development Regulations, Chapter 2.5 Planned
Unit Development, Section 9.0. Commercial Standards, to allow for commercial uses in PUDs to
front on exterior or perimeter streets, when such locations are consistent with adopted
redevelopment policies and plans.
BACKGROUND
The PUD regulations, found in Chapter 2.5 of the land Development Regulations were adopted
primarily to provide a more creative form of residential development other than what strict
subdivision regulations require in single-family residential zoning district regulations. In the City,
the majority of approved PUDs are located west of 1-95, with only 4 developments of this type
located east of the interstate.
The current regulations permit a limited amount of neighborhood commercial acreage within the
residential development, but require that the areas designated for commercial activities not front
on exterior or perimeter streets and preferably are located centrally within the project.
The IPUD Infill Planned Unit Development regulations were developed for application on small
projects (one to five acres) located In redevelopment areas in the Federal Highway Corridor. The
traditional PUD regulations have a minimum parcel size of five acres and are currently being
utilized for infill and redevelopment projects. There are locations in the redevelopment area
eligible for redevelopment where the Inclusion of commercial uses, partiCUlarly fronting on
Federal Highway and other primary roadways, would be consistent with, and further the intent
of, adopted redevelopment plans; however the regulations cited above preclude that option.
Whereas the Mixed use low and Mixed use High zoning districts were established to guide
redevelopment within redevelopment areas #2 through #4, residential uses are primarily
accommodated within areas #1 and #5 through the new IPUD zoning district. Given the limited
areas fit for sIzeable mixed use projects within areas #1 and #5, and the surge In demand for
resIdential uses within the city, there has not been evidence of the need for such a mixed use
dIstrict wIthIn the entrance areas to the city, along Federal Highway. However, there may be a
few locations within these areas that are marketable for mixed use project, such as the
Gulfstream Mall. The Federal Highway Corridor Redevelopment Plan did not encourage nor
Page 2
CDRV 05-011
Commercial Uses in PUDs
discourage "mixed uses" with Areas #1 and #5, but only recommended that these areas be
limited to lower building heights and densities relative to areas #2 and #4. Given the limited
possible sites ideal for a mixture of residential-commercial uses (within areas #1 and #5), and
flexibility allowed by the PUD zoning district, staff recommends consideration of the subject
amendment rather than establishment of a new zoning district to accommodate mixed-use
projects within the areas described above.
ANALYSIS
A survey of Land Development Regulations for municipalities In Palm Beach County show that
similar restrictions exist In a majority of them. The reason generally stated Is "to prevent strip
shopping centers from developing along roadway frontages" In the suburban areas. Staff
concurs that In suburban areas these regulations on commercial uses should remain In place.
However, when the PUD zoning district is used In the redevelopment areas where commercial
development along street frontages exists; where adopted plans encourage redevelopment of
commercial areas; and where the commercial development can be well-integrated with the
residential uses, then the regulations should be relaxed.
There are several limited areas along the Federal Corridor that are not eligible for rezoning to
the adopted mixed-use zoning district regulations that could benefit from the proposed
amendments to the code. These are areas where nodes of commercial development exist that
provide retail and services to established neighborhoods, and where a strictly residential
development might be considered incompatible. By utilizing the PUD review process, the
Integration of commercial uses can be controlled to ensure internal and external compatibility.
Staff proposes that the following amendments (shown as underlined text) to the Land
Development Regulations to achieve the desired results:
D. COMMERCIAL STANDARDS. Commercial uses located in a PUD are intended
to serve the needs of the PUD and not the general needs of a surrounding area. The
maximum area within a PUD which may be devoted to neighborhood commercial uses,
including required off-street parking requirements, is governed by Table 1, Section 4 and
Section 9C. Areas designated for commercial activities shall not generally front on
exterior or perimeter streets, and shall be preferably centrally located within the project
unless these criteria would be inconsistent with. or contrarv to. adopted redevelopment
plans. In instances where a PUD in the redevelopment area includes commercial uses. it
shall be developed consistent with adopted design guidelines or reauirements contained
in redevelopment plans.
RECOMMENDATION
It Is staff's opinion that the proposed amendments to the Planned Unit Development regulations
are the minimum necessary to achieve the desired results, given the limited properties within
areas #1 and #5 where such mixed use projects are likely to be developed; therefore staff
recommends that the proposed amendments be carried forward to the Community
Redevelopment Agency Board for their review and comments.
exhibits
S:\PI.ANNING\SHARED\WP\SPfO'ROJ\COOE REVIEW\CDRV 05-009 COMMEROAL IN PUDS\COMMEROAL IN PUOS STAFF REPORT.DOC
XII. - LEGAL
ITEM A.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005
0 April 19,2005 April 4,2005 (Noon) 0 June 2 I, 2005
0 May 3, 2005 April 18,2005 (Noon) 0 July 5,2005
D May 17,2005 May 2, 2005 (Noon) ~ July 19, 2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16,2005 (Noon)
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June 6, 2005 (Noon) -'~':~) -..j
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July 5, 2005 (Noon)
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0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
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RECOMMENDATION: Please place this request on the July 19,2005 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved this request under Public Hearing and Legal, Ordinance -
First Reading on July 5, 2005. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-095.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Peninsula at Boynton Beach (LUAR 05-004)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie Smith
East side of US 1, approximately 1,600 feet north of Gateway Boulevard (2649 North
Federal Highway)
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Connnercial and High Density Residential to Special High Density Residential.
DESCRIPTION:
Proposed Use: 30 townhomes and 40 condominium units.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
City Manager's Signature
~
Planning and Zoning Dire r City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Penins a @ Boynton Beach\LUAR 05-004\Agenda Item Request Peninsula @ Boynton Bch LUAR amend 05-004
7-19-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 05-095
TO:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
THROUGH:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner 0
FROM:
DATE:
June 2, 2005
PROJECT
NAME/NUMBER:
REQUEST:
Peninsula at Boynton Beach (lUAR - 05-004)
Amend the future land use designation from Local Retail Commercial
(lRC) and High Density Residential (HDR) to Special High Density
Residential (SHDR); and to rezone the property from (C-3) Community
Commercial and (R-3) MUltiple-family Residential to (IPUD) Infi" Planned
Unit Development.
PROJECT DESCRIPTION
Property Owner: Ms. Jennie A. Smith
Applicant: Waterbrook Developers, LLC.
Agent: Ms. Kim Glas-castro and Ms. Bonnie Miskel with Ruden McClosky
location: East side of Federal Highway approximately 1,600 feet north of Gateway
Boulevard (exhibit "A")
Existing land Use: Local Retail Commercial (LRC) and High Density Residential (HDR)
Existing Zoning: Community Commercial (C-3) and Multiple-family Dwelling District (R-3)
Proposed land Use: Spec/a I High Density Residential (SHDR - 20 du/ac)
Proposed Zoning:
Infill Planned Unit Development (IPUD)
Proposed Use:
30 fee-Simple townhouse units and 40 mUlti-family (condominium)
dwelling units
Page 2
FIle Number: LUAR 05-004
Name: Peninsula at Boynton Beach
Acreage:
3.51 acres (152,974 square feet)
Adjacent Uses:
North:
Developed commercial property within the Town of Hypoluxo, designated
Residential-Multiple Family (RH) land use and zoned Commercial Marine
(CM);
South:
Vacant property designated High Density Residential (HDR) and zoned
Multiple-family Dwelling District (R-3);
East:
Right-of-way for Intracoastal Waterway;
West:
Right-of-way for U.S. 1 and then right-of-way for Florida East Coast
Railroad.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The proposed redevelopment is located in the Federal Highway Corridor Community
Redevelopment Plan Study Area I and therefore meets the criteria for consideration of
the land use amendment as described in Policy 1.16.1 of the Future Land Use Element
of the Comprehensive Plan;
2. The project would not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan;
3. The proposed site plan Is consistent with the intent and requirements of the IPUD
regulations and meets the requirements for compatibility with the adjacent properties
based on the proposed uses, landscaping buffers, and setbacks; and
4. The proposed project will have a positive Impact on values of adjacent property and will
contribute to the overall economic development of the Oty.
PROJECT ANALYSIS
Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan
map amendments. The proposed amendment must involve a use of fewer than ten (10) acres
and a residential use must have a density of ten (10) units or less in density, unless the subject
property is located in an area designated for urban infill, urban redevelopment, or downtown
revitalization. The parcel, which Is the subject of this land use amendment, totals 3.51 acres.
Even though the requested density Is greater than 10 du I ac, It is located within a recognized
redevelopment area. Because of this and the size of the property under consideration, the
Page 3
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
amendment qualifies as a "small scale" amendment. A "small-scale" amendment is adopted
prior to forwarding to the Florida Department of Community Affairs (DCA) and Is not reviewed
for compliance with the state, regional and local comprehensive plans prior to adoption.
Master Plan I Site Plan Overview
The IPUD regulations are intended to be used in situations where new development or
redevelopment is proposed within an already developed area or neighborhood located in the
Federal Highway Corridor Community Redevelopment Plan Study Areas I and V. A mixture of
uses, including residential, retail commercial and office, may be allowed to the extent that no
land use conflicts would result and the basic intent of the Zoning Code and the Comprehensive
Plan would be followed. When the IPUD is to be developed In a single phase, the Site Plan for
that development may also represent the Master Plan. A request for Site Plan Approval is being
processed concurrent with this request for future land use map amendment and rezoning.
It is a basic public expectation that landowners requesting the use of the IPUD district would
develop design standards that exceed the basic development standards in terms of site design,
building architecture and construction materials, amenities and landscape design. The extent of
variance or exception to basic design standards, including but not limited to requirements for
parking spaces, parking lot and circulation design, and setbacks, would be dependent on how
well the above stated planning expectations are met in the proposed development plan.
The IPUD shall minimize adverse impacts on surrounding property. The City is not obligated to
automatically approve the level of development intensity requested for the IPUD. Instead, it is
expected to approve only such level of intensity that is appropriate for a particular location in
terms of land use compatibilities. The City may require, as a condition of approval, any
limitation condition, or design factor that will proVide a reasonable transition to adjacent
development.
In order to be approved, an IPUD project must be compatible with and preserve the character
of adjacent residential neighborhoods. Furthermore, it must be an enhancement to the overall
local area and the city in general. Presentation of projects that fail to do so would be denied.
Each IPUD project is independent and is evaluated solely upon its own merits. The inclusion of
certain features in a previously approved IPUD project may not be entertained as a valid
argument for the inclusion of that same feature in any other IPUD project if the City decides to
reject those features. While the details of the proposed site plan are a companion agenda item,
a brief overview of the site plan is included below.
Site Plan Analysis
The Special High Density Residential land use category allows a maximum of 20 du / ac. In this
instance, the applicant Is proposing a development containing 70 unIts for an overall density of
20 du / ac (19.94 du / ac). The 70 units are proposed within seven (7) separate buildings on
the 3.51-acre site. According to the floor plans, the townhouse buildings would have five (5)
units each. Each unit proposed within the two (2) story townhouse buildIngs (BuildIngs 100 and
200) would have 3-bedroom and private backyards that would be large enough to
Page 4
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
accommodate a small-sized swimming pool. The number of bedrooms proposed within these
three (3)-story townhouse buildings (Buildings 300 through 600) would range between two (2)
bedrooms and four (4) bedrooms. Finally, the condominium building would have a mix of two
(2) and three (3) bedrooms per unit. The IPUD zoning district allows a maximum building
height of 45 feet and up to four (4) stories tall. However, a lesser building height could be
imposed if compatibility with the adjacent properties would be in jeopardy. The project
proposes seven (7) separate buildings of varying heights. The elevations (sheet A4) of the two
(2)-story townhouse building show that the midpoint of the pitched roof would be 29 feet - 11
inches in height. The elevations of the three (3)-story townhouse building (sheet A6) show that
the midpoint of the pitched roof would be 38 feet - four (4) Inches in height. Finally, the top of
the roof of the condominium building would be 45 feet in height. The parapet wall (for the flat
portion of the roof) would be 50 feet in height. As previously mentioned, the abutting property
directly to the north is not located within city limits. Its zoning (Town of Hypoluxo _
Commercial Marine) allows for a maximum building height of 35 feet. This difference In
maximum building heights between the subject project and the existing marina building is not
an issue. The IPUD zoning district contains no specific minimum building setback requirements
other than mirroring the setbacks of adjacent zoning districts. The required building setbacks
important to this project would be the building setbacks along the north and south property
lines. The property to the north has a minimum required side setback of 15 feet. The existing
building is therefore non-conforming and is not the problem for the current developer. The site
plan shows that the two (2) story townhouse buildings would be located 24 feet from the north
property line. The three (3) story townhouse buildings, proposed closest to the existing marina
building, would be located 10 feet - six (6) inches from the north property line. Again, the non-
conforming marina building would impact this project more so than the townhouses would
impact the marina. Finally, the four (4)-story condominium building would be located 20 feet _
two (2) inches from the north property line.
Review Based on Required Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
land Use Map.
a. Whether the proposed rezoning would be consistent with applicable
comprehensive plan policies Including but not limited to, a prohibition against
any increase in dwelling unit density exceeding 50 in the hurricane evacuation
zone without written approval of the Palm Beach County Emergency Planning
Division and the City's risk manager. The planning department shall also
recommend limitations or requirements, which would have to be Imposed on
subsequent development of the property, In order to comply with polides
contained in the comprehensive plan.
The subject property is located In the hurricane evacuation zone; however, the proposed 70-
unit development would be replacing an existing legal non-conforming use that Is licensed for
45 mobile home units. The Mobile Home Relocation Plan, which was submitted by the
Page 5
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
applicant, Indicates the site is developed with 37 mobile homes. Deducting from the number of
licensed homes, the proposed development would increase the number of homes by 25 units.
Furthermore, the proposed project would replace an antiquated mobile home park with
improvements that are significantly less vulnerable to the effects of major winds on older
mobile homes since they must meet minimum standards for High Velocity Hurricane Zones as
required by the Florida Building Code. Policy 1.12.1 of the future Land Use Element states the
following:
"The City shall adopt and enforce regulations to require that all new residential
developments of more than 50 units, which are located in the Hurricane
Evacuation Zone, will provide continuing information to residents conceming
hurricane evacuation and shelters through the establishment of a homeowners'
or residents' association'~
Therefore, approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association (see Exhibit "B" - Conditions of Approval).
The criteria for assigning the Special High Density Residential land use category are found in
Policy 1.16.1 of the Future Land Use Element:
"This land use category shall consist of redevelopment and intill residential areas
assigned to this land use category in the portion of the designated Community
Redevelopment Area identified as Planning Area I and Planning Area V in the
"Federal Highway Corridor Community Redevelopment Plan'; adopted on May
15, 2001. "
The proposed redevelopment is located in Planning Area I, as defined in the above-cited
redevelopment plan, and therefore is consistent with this portion of Policy 1.16.1.
The Infill Planned Unit Development (IPUD) Zoning District as set forth by the City of Boynton
Beach ("City') was created for the purpose of allowing flexibility to accommodate infill and
redevelopment on parcels less than five (5) acres in size specifically within the "Federal
Highway Corridor Community Redevelopment Plan" Study Areas I and V. The intent of the
IPUD zoning district is to allow for a mixture of uses, including residential, retail commercial and
office uses. Additionally, the IPUD zoning district was created to ensure compatibility of Infill
redevelopment with adjacent existing single-family development, to clarify setback
requirements and to provide standards for building design elements. The IPUD zoning
regulations state that "it is a basic public expectation that landowners requesting the use of the
IPUD district will develop design standards that exceed the basic development standards In
terms of site design, building architecture and construction materials, amenities and landscape
design". Additional expectations of the IPUD are to minimize adverse impacts on surrounding
property; to be compatible with and preserve the character of adjacent residential
neighborhoods; to be an enhancement to the local area and the City in general; and, that It is
independent and will be evaluated solely on Its own merits.
Page 6
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
Other policies contained in the Comprehensive Plan that are applicable to this request include
the following:
Policy 1.19.1- 177e City shall continue efforts to encourage a full range of
housing choices, by allowing densities which can accommodate the approximate
number and type of dwellings for which the demand has been projected in the
Housing and Future Land Use Elements, including the provision of adequate sites
for housing ve/}'-loHl, low-, and moderate income households and for mobile
homes;
Policy 1.19.7- 177e City shall continue to change the land use and zoning to
permit only residential or other non-commercial uses in areas where the demand
for commercial uses will not increase, particularly in the Coastal Area; and,
The requested land use amendment and rezoning are consistent with both policies since it
would remove the possibility that commercial development could be built on the front portion of
the property (in the portion with the LRC land use classification). In addition, the requested
changes are consistent with the following strategies for Planning Area I, as stated in the Federal
Highway Corridor Community Redevelopment Plan:
Encourage a variety of housing Develop intensity standards that allow for a
variety of housing styles and types at intensities that will assist in supporting the
downtown area and general economic expansion; and
Require a transition to the adjacent gatewav neighborhoods Create development
standards in the city entrance communities that establish a logical transition to
the gateway communities. Building scale, massing, and placement should be
less intense than that of the adjacent planning areas, but substantial enough to
announce an arrival in the City.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The requested land use amendment and rezoning would promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor suggests that the requested increase in density
is appropriate for the area. The property to the north, located outside the city limits, is
developed as a non-conforming commercfal marina but can be developed with 11 du / ac at a
m.axlmum height of 35 feet. Currently, the vacant residential property to the south could be
developed for residential uses at maximum density of 10.8 du / ac and a maximum height of 45
feet. While the requested density Is greater than that of the abutting developments, It Is
consistent with the transition In uses recommended In the Federal Highway Corridor Community
Redevelopment Plan. It Is also typical of the development pattern In the coastal area, where
there coexists a combination of both single family neighborhoods and mUlti-family
developments. Each development's heights may vary greatly based on the type of development
Page 7
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
they are, often without consideration for abutting development. However, incompatibility with
lower densities (for this project) is a non-issue because no single-family residential land uses
are abutting the subject property. The accompanying site plan (NWSP 05-013) meets the
intent of what staff envisioned when creating the SHDR land use and IPUD zoning district.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The property is currently developed with an aging mobile home park. The redevelopment of
the property is desirable for beautification, economic benefit, as well as for the purpose of
removing storm-vulnerable housing from the coastal high hazard area. The proposed rezoning
maintains the residential character of the area, and will provide an aesthetically pleasing living
environment in proximity to the downtown.
d. Whether the proposed use would be compatible with utility systems, roadways,
and other public Facilities.
Projected utility systems demands and traffic generation impacts were provided by the applicant
and are shown below.
Maximum Potential Water ! Sewer Traffic
Development Population Demand Generation
Potential Trips / day
Existing Land Use 41 mobile 93 persons* 11,968 gpd* ! 259*
(Actual) Mobile Homes homes* 9,600 gpd*
Proposed Development 70 dwelling 159 persons 30,100 gpd/ 490
units 13,545 gpd
* Statistics derived from the land use / amendment application and its supporting
documents
The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic
Division for their review and approval. The Traffic Division reported that the proposed land use /
zoning change meets the Traffic Performance Standards (TPS) of Palm Beach County because
the proposed development Is located in the county designated Coastal Residential Exception
Area. The project is expected to generate 39 peak hour a.m. trips and 45 peak hour p.m. trips.
No building permits are to be issued by the City after the 2007 build-out date.
Utilities staff reported that water and sewer capacity exists to provide for the 18,132 gallons per
day increase in water demand and the 3,945 gallons per day required for sewer service. The
applicant is encouraged to pay the applicable reservation fees associated with the above
referenced services
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacfty exists to accommodate the county's municipalities throughout the 10-year
planning period. Regarding school concurrency, the proposed project lies withIn Concurrency
Service Areas (CSA) 17 and 19. Based on the School District's adopted multiplier's for an
Page 8
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
average multi-family dwelling unit, the proposed 70 units would generate five (5) elementary
school students, two (2) middle school students, and four (4) high school students. The
schools currently serving the area and their utilization are as follows:
Schools Current Caoacitv Current Enrollment Utllizatlon%
Rollina Green Elementarv 842 812 98%
Conoress Middle School 1343 1126 84%
Boynton Beach High 2448 1933 79%
School
On March 29, 2005, the School District issued a Concurrency Determination for the site plan,
valid for one (1) year. However, it should be noted that beginning with the 2004-2005 school
year, the level of service for all CSA's would be reduced to 110%. Projects that have been
approved when construction commences in 2004 or later would be subject to further evaluation
against the 110% level of service (LOS) for school concurrency. Furthermore, the schools
referenced above that would currently serve the proposed development are subject to change
due to boundary adjustments, to equalize utilization, or to proVide capacity for the new student
growth. Lastly, drainage would also be reviewed in more detail as part of the review of the site
plan application. The accompanying site plan would have to satisfy all requirements of the city
and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and
future use of adjacent and nearby properties, or would affect the property
values of adjacent or nearby properties.
The proposed land use amendment / rezoning would be compatible with the current and future
use of properties located to the north, south, east, and west of the subject property in
accordance with the vision for the corridor as represented by the redevelopment plan. There
are no indications that the proposed amendment / rezoning negatively impact property values.
The applicant states that the new development would have a positive impact on the value of
surrounding properties and is likely to spur investment in adjacent properties which would
further increase their values. Staff concurs that the development would have a positive effect
on values of adjacent properties.
f. Whether the property is physically and economically developable under the
existing zoning.
The subject parcel was previously developed with mobile homes. However, these one (I)-story
structures are not the highest and best use of the site. Under the current zoning category, the
R-3 zoning district allows for a residential density of 10.8 dwelling unIts per acre. The site could
be developed with single-family detached housing. However, the narrow configuration of the
property and the value of waterfront properties are factors which limit the diversity In terms of
Page 9
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
residential development alternatives. This property, which is eligible for the IPUD zoning
category, would allow a residential density of up to 20 dwelling units per acre. The proposed
zoning change would allow for greater flexibility in terms of use, density, and setbacks.
g. Whether the proposed rezoning is of a scale which Is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the City and would also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
Anticipated impacts to traffic, and demands for water and sewer are minimal, basically because
there is relatively little increase in the number of residential units. The proposed project would
have a positive impact on property values and visual impacts to adjacent properties would be
minimized through good project design, appropriate setbacks, and dense landscaping and
buffering. This site and its project characteristic are consistent with Objective 1.13 that
discourages urban sprawl by creating a compact urban area within the City and City's utility
service areas.
h. Whether there are adequate sites elsewhere in the city for the Proposed use, in
districts where such use is already allowed.
In accordance with the definition of the Special High Density Residential land use designation in
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du / ac are permitted
in the Federal Highway corridor to encourage infill development and redevelopment. There are
a limited number of sites elsewhere in the city where residential development could occur at a
density of 10.8 du / ac; however, those sites do not offer the opportunity for redevelopment
and infill development that this location affords. Nor would development of those available
sites serve to promote the goals of the Community Redevelopment Agency and the Federal
Highway Corridor Community Redevelopment Plan. It is more difficult to redevelop a site rather
than develop a vacant site. Therefore, redevelopment efforts should be embraced because to
do so, would be consistent with many of the Objectives in the Comprehensive Plan and their
subordinate policies.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan and
respective redevelopment plan; would not create additional Impacts on infrastructure that
cannot be accommodated, meets the intent of the IPUD regulations, and would contribute to
the overall economic development of the City. Therefore, staff recommends that the subject
request be approved subject to the developer creating a homeowners' or residents' association
as per Policy 1.12.1 of the future Land Use Element of the Comprehensive Plan. If the
Community Redevelopment Agency Board or the City Commission recommends conditions, they
will be included within Exhibit "B".
S:\Plannlng\SHAAED\WP\PROJECTS\Penlnsula @ Boynton Beach\WAR OS-<101\Starr Report.doc
EXHIBIT "B"
Conditions of Approval
Project name:
File number:
Peninsula at Boynton Beach
LUAR 05-004
f M d P&Z05095
Reference: Staf renort emoran urn -
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING & ZONING
Comments:
1. The City shall adopt and enforce regulations to require that all new X
residential developments of more than 50 units, which are located in the
Hurricane Evacuation Zone, will provide continuing information to
Page 2
Peninsula at Boynton Beach
File No.: LUAR 05-004
DEPARTMENTS INCLUDE REJECT
residents concerning hurricane evacuation and shelters through the
establishment of a homeowners' or residents' association. Therefore,
approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
2. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
3. To be detennined.
S:\Planning\SHAREDlWP\PROJECTS\Peninsula @ Boynton Beach\LUAR 05-004\COA,doc
XII. - LEGAL
ITEM A.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005
D April 19,2005 April 4, 2005 (Noon) D June 21, 2005
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005
D May 17,2005 May 2, 2005 (Noon) k8] July 19, 2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16,2005 (Noon)
C1
June 6, 2005 (Noon)
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June 20, 2005 (Noon)
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July 5,2005 (Noon)
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D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing k8] Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
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RECOMMENDATION: Please place this request on the July 19, 2005 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved this request under Public Hearing and Legal, Ordinance -
First Reading on July 5,2005. For further details pertaining to the request, see attached Department of Development
Memorandum No, PZ 05-095.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Peninsula at Boynton Beach (LUAR 05-004)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie Smith
East side of US 1, approximately 1,600 feet north of Gateway Boulevard (2649 North
Federal Highway)
Request to rezone from C-3 Community Commercial District and R-3 Multiple family
Dwelling District to IPUD Infill Planned Unit Development.
DESCRIPTION:
Proposed Use: 30 townhomes and 40 condominium units.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
City Manager's Signature
Planning and Zoning Dir r City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\LUAR 05-004\Agenda Item Request Peninsula @ Boynton Bch LUAR rezone 05-004
7-19-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THROUGH:
FROM:
DATE:
PROJECT
NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING&: ZONING DMSION
MEMORANDUM NO. PZ 05-095
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner 0
June 2, 2005
Peninsula at Boynton Beach (LUAR - 05-004)
Amend the future land use designation from Local Retail Commercial
(LRC) and High Density Residential (HDR) to Special High Density
Residential (SHDR); and to rezone the property from (C-3) Community
Commercial and (R-3) Multiple-family Residential to (IPUD) Infill Planned
Unit Development.
Property Owner: Ms. Jennie A. Smith
PROJECT DESCRIPTION
Applicant: Waterbrook Developers, LLC.
Agent: Ms. Kim Glas-castro and Ms. Bonnie Miskel with Ruden McClosky
Location: East side of Federal Highway approximately 1,600 feet north of Gateway
Boulevard (Exhibit "A")
Existing Land Use: Local Retail Commercial (LRC) and High Density Residential (HDR)
Existing Zoning: Community Commercial (C-3) and Multiple-family Dwelling District (R-3)
Proposed land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning:
Proposed Use:
Inti" Planned Unit Development (IPUD)
30 fee-simple townhouse units and 40 multi-family (condominium)
dwelling units
Page 2
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
Acreage:
3.51 acres (152,974 square feet)
Adjacent Uses:
North:
Developed commercial property within the Town of Hypoluxo, designated
Residential-Multiple Family (RH) land use and zoned Commercial Marine
(CM);
South:
Vacant property designated High Density Residential (HDR) and zoned
Multiple-family Dwelling District (R-3);
East:
Right-of-way for Intracoastal Waterway;
West:
Right-of-way for U.S. 1 and then right-of-way for Florida East Coast
Railroad.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The proposed redevelopment is located in the Federal Highway Corridor Community
Redevelopment Plan Study Area I and therefore meets the criteria for consideration of
the land use amendment as described in Policy 1.16.1 of the Future Land Use Element
of the Comprehensive Plan;
2. The project would not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan;
3. The proposed site plan is consistent with the intent and requirements of the IPUD
regulations and meets the requirements for compatibility with the adjacent properties
based on the proposed uses, landscaping buffers, and setbacks; and
4. The proposed project will have a positive impact on values of adjacent property and will
contribute to the overall economic development of the Oty.
PROJECT ANALYSIS
Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan
map amendments, The proposed amendment must involve a use of fewer than ten (10) acres
and a residential use must have a density of ten (10) units or less In density, unless the subject
property is located in an area designated for urban Infill, urban redevelopment, or downtown
revitalization. The parcel, which Is the subject of this land use amendment, totals 3.51 acres.
Even though the requested density Is greater than 10 du I ac, It Is located within a recognized
redevelopment area. Because of this and the size of the property under consideration, the
Page 3
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
amendment qualifies as a "small scale" amendment. A "small-scale" amendment is adopted
prior to forwarding to the Florida Department of Community Affairs (DCA) and is not reviewed
for compliance with the state, regional and local comprehensive plans prior to adoption.
Master Plan I Site Plan Overview
The IPUD regulations are intended to be used in situations where new development or
redevelopment is proposed within an already developed area or neighborhood located in the
Federal Highway Corridor Community Redevelopment Plan Study Areas I and V. A mixture of
uses, including residential, retail commercial and office, may be allowed to the extent that no
land use conflicts would result and the basic intent of the Zoning Code and the Comprehensive
Plan would be followed. When the IPUD is to be developed in a single phase, the Site Plan for
that development may also represent the Master Plan. A request for Site Plan Approval is being
processed concurrent with this request for future land use map amendment and rezoning.
It is a basic public expectation that landowners requesting the use of the IPUD district would
develop design standards that exceed the basic development standards in terms of site design,
building architecture and construction materials, amenities and landscape design. The extent of
variance or exception to basic design standards, including but not limited to requirements for
parking spaces, parking lot and circulation design, and setbacks, would be dependent on how
well the above stated planning expectations are met in the proposed development plan.
The IPUD shall minimize adverse impacts on surrounding property. The City is not obligated to
automatically approve the level of development intensity requested for the IPUD. Instead, it is
expected to approve only such level of intensity that is appropriate for a particular location in
terms of land use compatibilities. The City may require, as a condition of approval, any
limitation condition, or design factor that will provide a reasonable transition to adjacent
development.
In order to be approved, an IPUD project must be compatible with and preserve the character
of adjacent residential neighborhoods. Furthermore, it must be an enhancement to the overall
local area and the city in general. Presentation of projects that fail to do so would be denied.
Each IPUD project is independent and is evaluated solely upon its own merits. The inclusion of
certain features in a previously approved IPUD project may not be entertained as a valid
argument for the inclusion of that same feature in any other IPUD project if the City decides to
reject those features. While the details of the proposed site plan are a companion agenda item,
a brief overview of the site plan is included below.
Site Plan Analysis
The Special High Density Residential land use category allows a maximum of 20 du / ac. In this
instance, the applicant is proposing a development containing 70 units for an overall density of
20 du / ac (19.94 du / ac), The 70 units are proposed within seven (7) separate buildings on
the 3.51-acre site. According to the floor plans, the townhouse buildings would have five (5)
units each. Each unit proposed within the two (2) story townhouse buildings (Buildings 100 and
200) would have 3-bedroom and private backyards that would be large enough to
Page 4
Ale Number: LUAR 05-004
Name: Peninsula at Boynton Beach
accommodate a small-sized swimming pool. The number of bedrooms proposed within these
three (3)-story townhouse buildings (Buildings 300 through 600) would range between two (2)
bedrooms and four (4) bedrooms. Finally, the condominium building would have a mix of two
(2) and three (3) bedrooms per unit. The IPUD zoning district allows a maximum building
height of 45 feet and up to four (4) stories tall. However, a lesser building height could be
imposed if compatibility with the adjacent properties would be in jeopardy. The project
proposes seven (7) separate buildings of varying heights. The elevations (sheet A4) of the two
(2)-story townhouse building show that the midpoint of the pitched roof would be 29 feet - 11
inches in height. The elevations of the three (3)-story townhouse building (sheet A6) show that
the midpoint of the pitched roof would be 38 feet - four (4) inches in height. Finally, the top of
the roof of the condominium building would be 45 feet In height. The parapet wall (for the flat
portion of the roof) would be 50 feet in height. As previously mentioned, the abutting property
directly to the north is not located within city limits. Its zoning (Town of Hypoluxo _
Commercial Marine) allows for a maximum building height of 35 feet. This difference in
maximum building heights between the subject project and the existing marina building is not
an issue. The IPUD zoning district contains no specific minimum building setback requirements
other than mirroring the setbacks of adjacent zoning districts. The required building setbacks
important to this project would be the building setbacks along the north and south property
lines. The property to the north has a minimum required side setback of 15 feet. The existing
building is therefore non-conforming and is not the problem for the current developer. The site
plan shows that the two (2) story townhouse buildings would be located 24 feet from the north
property line. The three (3) story townhouse buildings, proposed closest to the existing marina
building, would be located 10 feet - six (6) inches from the north property line. Again, the non-
conforming marina building would impact this project more so than the townhouses would
impact the marina. Finally, the four (4)-story condominium building would be located 20 feet _
two (2) inches from the north property line.
Review Based on Required Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
land Use Map.
a. Whether the proposed rezoning would be consistent with applicable
comprehensive plan policies including but not limited to, a prohibition against
any increase in dwelling unit density exceeding SO in the hurricane evacuation
zone without written approval of the Palm Beach County Emergency Planning
Division and the City's risk manager. The planning department shall also
recommend limitations or requirements, which would have to be imposed on
subsequent development of the property, in order to comply with polides
contained in the comprehensive plan.
The subject property is located in the hurricane evacuation zone; however, the proposed 70-
unit development would be replacing an existing legal non-conforming use that Is licensed for
45 mobile home units. The Mobile Home Relocation Plan, which was submitted by the
Page 5
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
applicant, indicates the site is developed with 37 mobile homes. Deducting from the number of
licensed homes, the proposed development would increase the number of homes by 25 units.
Furthermore, the proposed project would replace an antiquated mobile home park with
improvements that are significantly less vulnerable to the effects of major winds on older
mobile homes since they must meet minimum standards for High Velocity Hurricane Zones as
required by the Florida Building Code. Policy 1.12.1 of the future Land Use Element states the
following:
"The City shall adopt and enforce regulations to require that all new residential
developments of more than 50 units, which are located in the Hurricane
Evacuation Zone, will provide continuing information to residents concerning
hurricane evacuation and shelters through the establishment of a homeowners'
or residents' association'~
Therefore, approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association (see Exhibit "B" - Conditions of Approval).
The criteria for assigning the Special High Density Residential land use category are found in
Policy 1.16.1 of the Future Land Use Element:
"This land use category shall consist of redevelopment and infill residential areas
assigned to this land use category in the portion of the designated Community
Redevelopment Area identified as Planning Area I and Planning Area V in the
"Federal Highway Corridor Community Redevelopment Plan'; adopted on May
15, 2001. "
The proposed redevelopment is located in Planning Area I, as defined in the above-cited
redevelopment plan, and therefore is consistent with this portion of Policy 1.16.1.
The Inftll Planned Unit Development (IPUD) Zoning District as set forth by the City of Boynton
Beach ("City'') was created for the purpose of allowing flexibility to accommodate infill and
redevelopment on parcels less than five (5) acres in size specifically within the "Federal
Highway Corridor Community Redevelopment Plan" Study Areas I and V. The intent of the
IPUD zoning district is to allow for a mixture of uses, including residential, retail commercial and
office uses. Additionally, the IPUD zoning district was created to ensure compatibility of infill
redevelopment with adjacent existing single-family development, to clarify setback
requirements and to provide standards for building design elements. The IPUD zoning
regulations state that "it is a basic public expectation that landowners requesting the use of the
IPUD district will develop design standards that exceed the basic development standards in
terms of site design, building architecture and construction materials, amenities and landscape
design". Additional expectations of the IPUD are to minimize adverse impacts on surrounding
property; to be compatible with and preserve the character of adjacent residential
neighborhoods; to be an enhancement to the local area and the City in general; and, that it is
independent and will be evaluated solely on its own merits.
Page 6
File Number: lUAR 05-004
Name: Peninsula at Boynton Beach
Other policies contained in the Comprehensive Plan that are applicable to this request include
the following:
Policy 1.19.1- The City shall continue efforts to encourage a full range of
housing choices, by allowing densities which can accommodate the approximate
number and type of dwellings for which the demand has been projected in the
Housing and Future Land Use Elements, including the provision of adequate sites
for housing very-low, low-, and moderate income households and for mobile
homes;
Policy 1.19.7- The City shall continue to change the land use and zoning to
permit only residential or other non-commercial uses in areas where the demand
for commercial uses will not increase, particularly in the Coastal Area; and,
The requested land use amendment and rezoning are consistent with both policies since it
would remove the possibility that commercial development could be built on the front portion of
the property (in the portion with the LRC land use classification). In addition, the requested
changes are consistent with the following strategies for Planning Area I, as stated in the Federal
Highway Corridor Community Redevelopment Plan:
Encourage a varietv of housing Develop intensity standards that allow for a
variety of housing styles and types at intensities that will assist in supporting the
downtown area and general economic expansion; and
Require a transition to the adjacent gatewav neighborhoods Create development
standards in the city entrance communities that establish a logical transition to
the gateway communities. Building scale, massing, and placement should be
less intense than that of the adjacent planning areas, but substantial enough to
announce an arrival in the City.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual proper1y
owner as contrasted with the protection of the public welfare.
The requested land use amendment and rezoning would promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor suggests that the requested increase in density
is appropriate for the area. The property to the north, located outside the city limits, is
developed as a non-conforming commercial marina but can be developed with 11 du / ac at a
m.aximum height of 35 feet. Currently, the vacant residential property to the south could be
developed for residential uses at maximum density of 10.8 du / ac and a maximum height of 45
feet. While the requested density is greater than that of the abutting developments, it is
consistent with the transition In uses recommended In the Federal Highway Corridor Community
Redevelopment Plan. It Is also typical of the development pattern In the coastal area, where
there coexists a combination of both single family neighborhoods and multi-family
developments. Each development's heights may vary greatly based on the type of development
Page 7
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
they are, often without consideration for abutting development. However, incompatibility with
lower densities (for this project) is a non-issue because no single-family residential land uses
are abutting the subject property. The accompanying site plan (NWSP 05-013) meets the
intent of what staff envisioned when creating the SHDR land use and IPUD zoning district.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The property is currently developed with an aging mobile home park. The redevelopment of
the property is desirable for beautification, economic benefit, as well as for the purpose of
removing storm-vulnerable housing from the coastal high hazard area. The proposed rezoning
maintains the residential character of the area, and will provide an aesthetically pleasing living
environment in proximity to the downtown.
d. Whether the proposed use would be compatible with utility systems, roadways,
and other public facilities.
Projected utility systems demands and traffic generation impacts were provided by the applicant
and are shown below.
Maximum Potential Water / Sewer Traffic
Development Population Demand Generation
Potential Trips / day
Existing land Use 41 mobile 93 persons* 11,968 gpd* / 259*
(Actual) Mobile Homes homes* 9,600 aod*
Proposed Development 70 dwelling 159 persons 30,100 gpd/ 490
units 13,545 gpd
* Statistics derived from the land use / amendment application and its supporting
documents
The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic
Division for their review and approval. The Traffic Division reported that the proposed land use /
zoning change meets the Traffic Performance Standards (TPS) of Palm Beach County because
the proposed development is located in the county designated Coastal Residential Exception
Area. The project is expected to generate 39 peak hour a.m. trips and 45 peak hour p.m. trips.
No building permits are to be issued by the City after the 2007 build-out date.
Utilities staff reported that water and sewer capacity exists to provide for the 18,132 gallons per
day increase in water demand and the 3,945 gallons per day required for sewer service. The
applicant is encouraged to pay the applicable reservation fees associated with the above
referenced services
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period. Regarding school concurrency, the proposed project lies within Concurrency
Service Areas (CSA) 17 and 19. Based on the School District's adopted multiplier's for an
Page 8
File Number: lUAR 05-004
Name: Peninsula at Boynton Beach
average multi-family dwelling unit, the proposed 70 units would generate five (5) elementary
school students, two (2) middle school students, and four (4) high school students. The
schools currently serving the area and their utilization are as follows:
Schools Current Capacitv Current Enrollment Utilizatlon%
Rollina Green Elementary 842 812 98%
Conaress Middle School 1343 1126 84%
Boynton Beach High 2448 1933 79%
School
On March 29, 2005, the School District issued a Concurrency Determination for the site plan,
valid for one (1) year. However, it should be noted that beginning with the 2004-2005 school
year, the level of service for all CSA's would be reduced to 110%. Projects that have been
approved when construction commences in 2004 or later would be subject to further evaluation
against the 110% level of service (LOS) for school concurrency. Furthermore, the schools
referenced above that would currently serve the proposed development are subject to change
due to boundary adjustments, to equalize utilization, or to provide capacity for the new student
growth. Lastly, drainage would also be reviewed in more detail as part of the review of the site
plan application. The accompanying site plan would have to satisfy all requirements of the city
and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and
future use of adjacent and nearby properties, or would affect the property
values of adjacent or nearby properties.
The proposed land use amendment / rezoning would be compatible with the current and future
use of properties located to the north, south, east, and west of the subject property in
accordance with the vision for the corridor as represented by the redevelopment plan. There
are no indications that the proposed amendment / rezoning negatively impact property values.
The applicant states that the new development would have a positive impact on the value of
surrounding properties and is likely to spur investment in adjacent properties which would
further increase their values. Staff concurs that the development would have a positive effect
on values of adjacent properties.
f. Whether the property is physically and economically developable under the
existing zoning.
The subject parcel was previously developed with mobile homes. However, these one (l)-story
structures are not the highest and best use of the site. Under the current zoning category, the
R-3 zoning district allows for a residential density of 10.8 dwelling units per acre. The site could
be developed with single-family detached housing. However, the narrow configuration of the
property and the value of waterfront properties are factors which limit the diversity In terms of
Page 9
File Number: LUAR 05-004
Name: Peninsula at Boynton Beach
residential development alternatives. This property, which is eligible for the IPUD zoning
category, would allow a residential density of up to 20 dwelling units per acre. The proposed
zoning change would allow for greater flexibility in terms of use, density, and setbacks.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the City and would also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
Anticipated impacts to traffic, and demands for water and sewer are minimal, basically because
there is relatively little increase in the number of residential units. The proposed project would
have a positive impact on property values and visual impacts to adjacent properties would be
minimized through good project design, appropriate setbacks, and dense landscaping and
buffering. This site and its project characteristic are consistent with Objective 1.13 that
discourages urban sprawl by creating a compact urban area within the City and City's utility
service areas.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
In accordance with the definition of the Special High Density Residential land use designation in
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du / ac are permitted
in the Federal Highway corridor to encourage infill development and redevelopment. There are
a limited number of sites elsewhere in the city where residential development could occur at a
density of 10.8 du / ac; however, those sites do not offer the opportunity for redevelopment
and infi" development that this location affords. Nor would development of those available
sites serve to promote the goals of the Community Redevelopment Agency and the Federal
Highway Corridor Community Redevelopment Plan. It is more difficult to redevelop a site rather
than develop a vacant site. Therefore, redevelopment efforts should be embraced because to
do so, would be consistent with many of the Objectives in the Comprehensive Plan and their
subordinate policies.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan and
respective redevelopment plan; would not create additional impacts on infrastructure that
cannot be accommodated, meets the intent of the IPUD regulations, and would contribute to
the overall economic development of the City. Therefore, staff recommends that the subject
request be approved subject to the developer creating a homeowners' or residents' association
as per Policy 1.12.1 of the future Land Use Element of the Comprehensive Plan. If the
Community Redevelopment Agency Board or the City Commission recommends conditions, they
will be Included within Exhibit "B".
S:\PIannlng\SHARfD\Wp\PROJECTS\Penlnsula @ Boynton Beach\LUAR 05-004\Staff Report.doc:
EXHIBIT "B"
Conditions of Approval
Project name:
File number:
Rfi
Peninsula at Boynton Beach
LUAR 05-004
S ff M d P&Z 05095
e erence: ta renort emoran urn -
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING & ZONING
Comments:
1. The City shall adopt and enforce regulations to require that all new X
residential developments of more than 50 units, which are located in the
Hurricane Evacuation Zone, will provide continuing information to
Page 2
Peninsula at Boynton Beach
File No.: LUAR 05-004
DEPARTMENTS INCLUDE REJECT
residents concerning hurricane evacuation and shelters through the
establishment of a homeowners' or residents' association. Therefore,
approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
2. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
3. To be detennined.
S:\Planning\SHARED\WP\PROJECTS\Peninsula@ Boynton Beach\LUAR 05-004\COA.doc
XII. - LEGAL
ITEM A.4,w
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005
D April 19,2005 April 4, 2005 (Noon) D June 21, 2005
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005
D May 17,2005 May 2, 2005 (Noon) IZl July 19,2005
Date Final Form Must be Turned
in to City Clerk's Office
May 16,2005 (Noon)
"-;'
June 6, 2005 (Noon)
(- '-~
---' ,
June 20, 2005 (Noon)
_E"
..... ,...J
"r'1
July 5, 2005 (Noon)
I
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....) . ..;
--:)
~
':J
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM IZl Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
()
....:>
CJ
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RECOMMENDATION: Please place this request on the July 19,2005 City Commission Agenda under Public
Hearing, to follow but be combined with the corresponding items for Comprehensive Plan amendment and rezoning. The
Connnunity Redevelopment Agency Board reconnnended that the subject request be approved on June 9, 2005.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-091.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Peninsula at Boynton Beach (NWSP 05-013)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie Smith
East side of US 1, approximately 1,600 feet north of Gateway Boulevard (2649 North
Federal Highway)
Request for New Site Plan approval to construct 30 townhomes and 40 condominium
units on a 3.51-acre parcel.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
4
Ci Manager's Signature
Planning and Zoning D' tor City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Peni ula@Boynton Beach\NWSP 05-0 13\Agenda Item Request Peninsula@Boynton Bch NWSP 05-0137-19-
05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-091
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
Michael Rumpf ;/'-ve---
Planning and Zoning Director
Eric Lee Johnson, AICP (;.j,,-
Planner V
THRU:
FROM:
DATE:
June 2, 2005
PROJECf NAME/NO:
REQUEST:
Peninsula at Boynton Beach
New Site Plan
PROJECT DESCRIPTION
Property Owner: Ms. Jennie A. Smith
Applicant: Waterbrook Developers, LLC.
Agent: Ms. Kim Glas-Castro and Ms. Bonnie Miskel with Ruden McClosky
Location: East side of Federal Highway approximately 1,600 feet north of Gateway
Boulevard (Exhibit "A")
Existing Land Use: Local Retail Commercial (LRC) and High Density Residential (HDR)
Existing Zoning: Community Commercial (C-3) and Multiple-family Dwelling District (R-3)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning: Infill Planned Unit Development (IPUD)
Proposed Use: 30 fee-Simple townhouse units and 40 multi-family (condominium)
dwelling units
Acreage: 3.51 acres (152,974 square feet)
Adjacent Uses:
North:
Developed commercial property within the Town of Hypoluxo, designated
Residential-Multiple Family (RH) land use and zoned Commercial Marine
(CM);
South:
Vacant property designated High Density Residential (HDR) and zoned
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 2
Multiple-family Dwelling District (R-3);
East:
Right-of-way for Intracoastal Waterway;
West:
Right-of-way for U.S. 1 and then right-of-way for Florida East Coast
Railroad.
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject new site plan were mailed a notice of this request and
its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
Site Characteristic: The subject property is comprised of one (1) rectangular-shaped lot with the
eastern portion supported by a seawall cap. The lot is located within the Federal
Highway Corridor Community Redevelopment Plan Study Area I. According to the
Mobile Home Relocation Study, the subject site was licensed as a Prospectus Park
by the Florida Department of Business and Professional Regulation (OBPR) in 1986
for 45 mobile homes. The Study indicates that lake City Trailer Park is improved
with 45 mobile home lots or spaces, but only 32 lots are currently occupied with
units. Of the 32 mobile home lots or spaces, 25 are currently leased by long-term
tenants while the remaining seven (7) lots are occupied by short-term tenants, two
(2) of which, are motor homes and the other, a recreational vehicle. The property
is licensed with 45 mobile homes by the city's Occupational License office. The
existing density of the mobile home park is non-conforming because the property is
zoned R-3 with an underlying land use of lRC and HDR, both of which, would allow
for only 10.8 dwelling units per acre. The site is currently developed at 12.8
dwelling units per acre.
As indicated on the survey, several easements traverse the property in varying
locations. The most notable easements are located along the north and south
property lines where the presence of FP&l power lines run in an east-west
direction.
BACKGROUND
Proposal:
The applicant is proposing a new site plan for the construction of 30 townhouse
units and 40 multi-family (condominium) dwelling units. Approval of this project is
contingent upon the approval of the corresponding request for land use change
and rezoning (LUAR 05-004). Both townhouses and condominiums are permitted
uses in the IPUD zoning district. Under the Special High Density Residential
(SHOR) land use category, the maximum allowable density would allow a total of
70 dwelling units at a density of 20 dwelling units per acre. The site plan proposes
70 dwelling units and a project density of 20 dwelling units per acres (19.94 du /
ac). No phasing plan was submitted. However, staff understands that the entire
project would be built In one (1) phase starting with the condominium building.
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 3
Concurrency:
ANALYSIS
Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure an adequate level of service. The County
has determined that the proposed residential project is located within the
designated Coastal Residential Exception Areas of the county, and therefore meets
the Traffic Performance Standards of Palm Beach County. No building permits are
to be issued by the City, after the 2007 build-out date. The County traffic
concurrency approval is subject to the Project Aggregation Rules set forth in the
Traffic Performance Standards Ordinance.
Utilities: The planned purchase of up to 5 million gallons of potable water per day from Palm
Beach County Utilities would supply potable water for this project. Local piping and
infrastructure improvements may be required for the project, dependent upon the
final project configuration and fire-flow demands. These local improvements would
be the responsibility of the site developer. Sufficient sanitary sewer and
wastewater capacity is currently available to serve this project, subject to the
applicant making a firm reservation of capacity, following approval of the site plan.
Police I Fire: For the purposes of this study, a statistical analysis was completed to show the
percentage of increase in police calls to the project area. Response data for 2004
recorded 12,419 calls for service to Zone 1, which represents 18.2% of all calls for
service. An increase of 12% of total calls for service is projected from anticipated
growth citywide. The proposed project would further add to the demand for an
adequate level of public service to this area. The need for additional officers in
Zone 1 is evident by the high percentage of calls for service required of a single
officer. All zones area affected by new development and redevelopment projects
approved throughout the city. Police services have been impacted and the demand
for an additional police officer would be warranted to balance the increase in
demands.
Fire staff reviewed the site plan and determined that current staffing levels would
be sufficient to meet the expected demand for services.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review. All South Florida Water Management District permits and other
drainage related permits must be submitted at time of building permit (see Exhibit
"c" - Conditions of Approval).
School: The School District of Palm Beach County has reviewed the request and determined
that adequate capacity exists to accommodate the dwelling units.
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 4
Driveways: The project proposes one main (1) point of ingress and one (1) main point of
egress. The point of ingress would be comprised of two (2) entrance lanes. Since
this would be a gated community, a circular driveway (that empties into the egress
lane) is proposed with 66 feet of vehicular queuing. This is proposed for safety
concerns should a visitor not be allowed access into the site. The driveway, drive
aisles, and turning radius, internal to the development, would be improved to
conform to current city engineering standards.
Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per
unit. The project proposes a mix of two (2) bedroom, three (3) bedroom, and four
(4) bedroom dwelling units for a total of 70 dwelling units. A recreation /
clubhouse area is also proposed, which would require an additional five (5) spaces.
Therefore, the project requires a total of 145 parking spaces based on the number
of units and the recreation amenity. The site plan proposes a total of 176 parking
spaces or an excess of 31 spaces.
The site plan and floor plans show that each townhouse unit would have a two (2)-
car garage. There is a difference however, in the number of parking spaces
provided between the two and three story townhouses. Each two (2)-story
townhouse unit would have driveways wide enough to accommodate two (2)
parked cars; no driveways are proposed for the three (3)-story units. Extra guest
parking for the three (3)-story units is proposed along the south and north property
lines in the 90-degree parking stalls. With regards to guest parking, the plan goes
above and beyond the minimum code requirements and fully meets the intent on
what staff envisioned when creating the IPUD ordinance. The ground floor of the
condominium building would have 63 understory parking stalls. The site plan also
would provide for an additional 22 outdoor spaces (near the condominium building).
This would provide the required parking for condominium building as well as the
five (5) spaces for the recreation facility.
According to the site plan, the 90-degree parking stalls would be dimensioned nine
(9) feet in width by 18 feet in length. The handicap parking spaces would be
dimensioned 12 feet in width (with an extra 5-feet of striping) and 18 feet in
length.
Landscaping:
According to the site plan tabular data (sheet A1), the proposed pervious area
would equal 0.819-acre or 23.3% of the site. The Plant LIst indicates that 87 of the
99 shade trees (88%) of the shade trees would be native while 93 of the 177 palm
trees (530/~) would be native. LIkewise, 4,066 of the 7,750 or 53% of the shrubs /
groundcover plants would be native. This meets the requirements of Chapter 7.5,
Article II, Sect/on 5.P of the land Development Regulations.
The site plan (sheet A1) shows that the western landscape buffer (adjacent to U.S.
1) would vary in width but would be at least 17 feet at its narrowest point. The
project would be a gated community, with a combination of an opaque wall and
open-fence material proposed within the buffer. As proposed, It would be setback
approximately three (3) feet from the west (front) property line. The perimeteroplantlngs proposed between the wall / fence and the property line would Include a
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 5
row of Redtip Cocoplum hedges and Geiger trees. However, staff recommends
increasing the setback of the fence / wall from three (3) feet to seven (7) feet in
order to accommodate additional shrubs and groundcover along the sidewalk (see
Exhibit 'c" - Conditions of Approval). Four (4) Foxtail palm trees and clusters of
various groundcover plants are proposed on the street side of the wall (underneath
the subdivision sign). Staff recommends that these four (4) foxtail palm trees be
installed at a minimum of 16 feet in height to provide for a more substantial
entranceway (see Exhibit "c" - Conditions of Approval). The plant material
proposed east of the wall but west of the two (2) story townhouse building Include
Cabbage palm, Redtip Cocoplum hedges, Florida Gamagrass, and Evergreen Giant
groundcover. Again, staff recommends Increasing the height of the Cabbage palm
trees from 12 feet to 18 feet at the time of installation. The development's front
entrance would be heavily landscaped with an array of trees, hedges, and
groundcover.
Adjacent to the developed commercial property to the north, the width of the
proposed north side landscape buffer would vary, between six (6) feet at its
narrowest point and 10 feet - six (6) inches at its widest point. As previously
mentioned, a six (6) foot wide FP&L easement runs along the entire north property
line (within the buffer). The landscape plans propose a row of Gieger trees and
Redtip Cocoplum hedges. The types of trees and shrubs that can occur within this
buffer are limited and must comply with Florida Power & Light's (FP&L's) RightTree
- Right Place publication. According to the applicant, all trees would be in
compliance with the publication. A six (6) foot tall wall is proposed within this
buffer as well. It would be located approximately 10 inches from the property line.
The width of the rear (east) landscape buffer, adjacent to the Intracoastal
Waterway, would vary but would be approximately five (5) at its narrowest point.
The function of the landscape material is not to "buffer" against the waterway but
rather to provide for a more tropical environment at the pool and sundeck areas.
The plant material would include the following: Geiger Tree, Cabbage palm,
Alexander palm, Redtip Cocoplum, Wild Coffee, and Hairgrass.
Adjacent to the vacant residential property to the south, the width of the south side
landscape buffer would be four (4) feet - eight (8) inches at its narrowest point. An
FP&L easement also extends along the south property line. The plant material
proposed within this buffer would include the following: Geiger tree, Silver
Buttonwood, Southern Red Cedar, Foxtail palm, Thatch palm, Redtip Cocoplum,
Wild Coffee, Variegated Arboricola, Boston Fern, and Dwarf Arborlcola. Similar to
the north landscape buffer, a wall, six (6) feet in height would run along the south
property line as well. The developer states that the landscape buffers and height
of wall along the northern and in particular, the southern landscape buffer should
mitigate any potential glare from vehicle headlights. Staff concurs.
Cross-section "A", "B", and "c" (sheet LP6), illustrates the configuration of the
landscape buffers, parking lot, landscape material, and buildIngs. It shows the
heights of the condominium building, current marina building, and the townhouse
buildings. The dimensions were excluded from the plan. Originally, staff had
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 6
concerns regarding the buffer widths, plant type, and quantity. Similar to the
Seaview Park Club project, the central focus for this project was to mitigate any
potential Impact on surrounding properties. The property to the north has already
been developed with boat storage as a commercial marina. The proposed project
would not impact the property to the north; rather, if anything, the property to the
north would negatively impact the subject project. However, the south landscape
buffer is important to the compliance of this project with regards to design and
compatibility requirements and standards of the IPUD zoning district. The subject
property abuts residentially-zoned property, albeit it is vacant and multiple-family
zoning. Staff recommends that the plant material proposed within the south
landscape buffer be installed in such a way as to provide immediate buffering. This
can be accomplished by installing all proposed trees at their maximum height
(within their specified range of heights) without jeopardizing the visual buffering of
lower-to-mld-Ievel screening above the wall and Inserting additional palm trees
within the south landscape buffer in areas where tip-to-tip spacing is not entirely
accomplished (see Exhibit "c" - Conditions of Approval).
Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the
IPUD zoning district with a density of 20 dwelling units per acre. The maximum
density allowed by the Special High Density Residential land use classification is 20
dwelling units per acre. The 70 units are proposed within seven (7) separate
buildings on the 3.51-acre site. According to the floor plans, each townhouse
building would have five (5) units. Each unit proposed within the two (2) story
townhouse buildings (Buildings 100 and 200) would have 3-bedrooms and private
backyards that would be large enough to accommodate a small-sized swimming
pool. The number of bedrooms proposed within each three (3)-story townhouse
building (Buildings 300 through 600) would range between two (2) bedrooms and
four (4) bedrooms. Anally, the condominium building would have a mix of two (2)
and three (3) bedroom units.
The IPUD zoning district allows a maximum building height of 45 feet and up to
four (4) stories tall. However, a lesser building height could be imposed if
compatibility with the adjacent properties would be in jeopardy. The project
proposes seven (7) separate buildings of varying heights. The elevations (sheet
A4) of the two (2)-story townhouse building show that the midpoint of the pitched
roof would be 29 feet - 11 inches in height. The elevations of the three (3)-story
townhouse buildings (sheet A6) show that the midpoint of the pitched roof would
be 38 feet - four (4) inches in height. Finally, the top of the roof of the
condominium building would be 45 feet In height. The parapet wall (for the flat
portion of the roof) would be 50 feet In height. As previously mentioned, the
abutting property directly to the north is not located within city limits. Its zoning
(Town of Hypoluxo - Commercial Marine) allows for a maximum building height of
35 feet. This difference In maximum building heights between the subject project
and the existing marina building is not significant. This position is justified for
several reasons. Arst, the subject project Is a redevelopment project that would
enhance the overall area from its current state (mobile homes) to luxury dwelling
units. Generally, zoning codes are created to protect residential uses from
commercial uses, not visa-versa. The Cross-Section "B" as Illustrated on sheet LP6,
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 7
shows that the three (3)-story townhouse buildings are proposed immediately
opposite to the adjacent marina building. Both would be roughly the same height
so therefore, the location of the three (3)-story townhouses would serve as an
appropriate transition for the subject development. As previously mentioned, the
property to the south is residentially-zoned but currently vacant. Its maximum
building height (under the R-3 zoning code) could be 45 feet. However, it should
be noted that the subject property extends eastward (into the Intracoastal
Waterway) more so than the abutting property to the south. The proposed four
(4)-story condominium building would be located on the eastern portion of the
subject property. With this location, while it would block northwestern views from
future units proposed on the abutting property to the south, it would be situated to
maximize distance from those future units. Conversely, the two (2) and three (3)-
story buildings are proposed in the central portion of the subject property that
would abut the property to south (where a 45-foot tall building may be constructed
under the current R-3 regulations). If anything, the vacant property to the south
could have more of an impact on the subject property (if built-out at 45 feet) than
the subject property negatively impacting the property to the south. The only
differences between the two properties are the minimum required building
setbacks; maximum building heights would be similar.
The IPUD zoning district contains no speCific minimum building setback
requirements other than mirroring the setbacks of adjacent zoning districts. The
required building setbacks important to this project would be the building setbacks
along the north and south property lines. The property to the north has a
minimum required side setback of 15 feet. The existing building is therefore non-
conforming and is not the problem for the current developer. The site plan shows
that the two (2) story townhouse buildings would be located 24 feet from the north
property line. The three (3) story townhouse buildings, proposed closest to the
existing marina building, would be located 10 feet - six (6) Inches from the north
property line. Finally, the four (4)-story condominium building would be located 20
feet - two (2) inches from the north property line.
The required setbacks for the R-3 zoning district to the south that are germane to
this project are as follows: Side - 20 feet and Rear - 40 feet. This project
proposes varying south (side) setbacks that range between 20 feet - two (2)
inches (for the condominium building) and 78 feet - eight (8) inches (for the
townhouse buildings). It should be noted that the three (3) story townhouse
buildings would be located 38 feet from the south property line. The balconies
proposed on the south building fa~de would extend southward by three (3) feet
but the edge of the balcony would still be 35 feet from the side (south) property
line. The rear (east) setback would be 20 feet and the front (west) setback would
be 40 feet. In conclusion, all proposed building setbacks would be consistent with
the existing setbacks within the surrounding neighborhoods and meet the Intent of
the IPUD zoning district setback.
Outdoor patios and swimming pools are proposed on the north building facades of
the two (2) story townhouse buildings. Several notes on the site plan (sheet A2)
indicate the proposed setbacks for swimming pools and screened enclosures.
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 8
Generally, swimming pools would be setback six (6) feet and screened-enclosures
would be setback seven (7) feet from the north property line. The recreation area
would be located at the eastern portion of the development overlooking the
Intracoastal Waterway. It would include a 1,285 square foot cabana building and a
swimming pool. The elevation (sheet A12) of the one (l)-story clubhouse does not
indicate the dimension at the peak of the roof but shows that the mean roof height
would be 13 feet in height and the deckline would be 10 feet - nine (9) inches.
This clubhouse building would be located 10 feet - two (2) inches from the north
property line.
As previously mentioned, a decorative wall / fence is proposed along the west
property line. It would be six (6) feet tall with decorative caps proposed at six (6)
feet - eight (8) inches in height. A majority of the wall would be painted Popcorn
White while the open fenced portion would be metal painted black. A fountain is
proposed on the street (west) side of the wall. It would serve as an aesthetically
pleasing entrance feature in combination with the project's proposed signage.
Design:
The design of the proposed buildings / clubhouse resemble a mixture between a
Spanish-Mediterranean style with its smooth stucco finish and S-tile roof and a
modern design with its decorative green Metropolis shutters, decorative railings,
multi-color awnings, and pre-cast decorative columns and accents. The exterior
walls of the buildings would be multi-colored consisting of the following ICI Dulux
paints: dark brown (Bridge Lodge - 176), brown (Sun Valley - 183), yellow
(Coneflower - 39), light yellow (Taffy Pull - 39), and cream (Popcorn White - 10).
The plans propose two (2) different types of lighting fixtures. The detail (sheet
LP6) shows that the light poles would be either 12 feet or 16 feet in height. The
photometric plan indicates that minimal or no light would "spill over" from the
subject property to the abutting properties.
As part of the IPUD ordinance, internal sidewalks and pedestrian connects are to
be maintained throughout the development. The site plan does not show a
sidewalk that leads in front (south) of the two (2) story townhouse buildings.
Likewise, there would be no pedestrian connection to the sidewalk within the U.S. 1
right-of-way. However, the applicant has designed several sketches (that have not
been included within this packet) that could demonstrate compliance with this
requirement. Therefore, at the time of permitting, the applicant shall incorporate a
sidewalk into the design that would lead pedestrians from the townhouses to the
sidewalk that exists within the Federal Highway right-of-way (see Exhibit "c" _
Conditions of Approval).
The site plan proposes several gazebos / pavillions throughout the development.
This is a positive amenity that the residents would enjoy. Their presence
throughout the development would only increase the quality of the project and is
fully endorsed by staff. The gazebo would be 16 feet - eight (8) inches in height
while the pavilion would be 30 feet in height. The details of both are shown on
sheet A3. They would be the same colors of the buildings.
Staff Report - Peninsula at Boynton Beach (NWSP 05-013)
Memorandum No PZ 05-091
Page 9
Signage:
The Entry Wall Elevation (sheet A1) shows that a sign would be located on the wall
near the front entrance on U.S. 1. The site plan indicates that the sign portion of
the wall would be setback 10 feet from the front (west) property line. The
Elevation shows the wall / sign structure would be six (6) feet in height and 32
square feet in area. The sign would have black granite back-tile with brass letters
and a brass compass symbol. The site address must be added to the sign (see
Exhibit "c" - Conditions of Approval).
RECOMMENDATION:
Staff reviewed this project for compatibility between it and the adjacent properties. Factors considered in
determining compatibility included the following: land use, density, height, dwelling type, style, activity,
and performance. Staff reviewed these characteristics against the intent of the IPUD zoning regulations
taking into account the built environment of adjacent properties and development characteristics within
the coastal areas. Staff has reviewed this request for new site plan approval, and based on the analysis
contained herein, is recommending approval of the site plan, contingent upon the successful request for
land use amendment / rezoning (LUAR 05-004) and subject to satisfying all comments indicated in Exhibit
"c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission
shall be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\NWSP OS-013\Staff Report.doc
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Conditions of Approval
Project name: Peninsula
File number: NWSP 05-013
Reference: 2nd review plans identified as a New Site Plan with a May 17, 2005 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. On the Site and Civil plans, show and identify all necessary traffic control X
devices such as stop bars, stop signs, double yellow lane separators striping,
directional arrows and "Do Not Enter" signage, etc. See City Standard
Drawings "K" Series for striping details.
ENGINEERING DIVISION
Comments:
1. Provide written and graphic scales on all sheets. The scale should match X
between all sheets depicting the site (LDR, Chapter 4, Section 7.B.l, 7.C.l,
and 7.F.1.)
2. Complete Drainage plans, including drainage calculations, in accordance with X
the LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
3. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
UTILITIES
Comments:
4. The applicant will be required to evaluate area systems to determine if X
sufficient capacity for both utility service systems is available for this project,
prior to receiving any conceptual approval by the Utilities Department for this
submittal.
5. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
COA
06/08/05
2
DEPARTMENTS INCLUDE REJECT
6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
7. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. However due to the proximity of this project to the Intracoastal
Waterway potable water may be allowed for irri.gation.
8. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
FIRE
Comments:
9. All entrance gates subject to locking shall have a knox lock system that will X
override any gate codes. All entrance gates and roads shall be a minimum of
20' feet wide if two way traffic and 12 feet wide if they are one way.
10. The construction site road shall be compacted to withstand 32 tons prior to X
going vertical in any portion of the project. The roads shall be maintained
free of building equipment and debris at all times. Failure to do so will result
in the site being closed until the situation is corrected.
11. All required fire hydrants, standpipes or sprinkler systems shall be in place X
before going vertical. Vertical construction shall be protected by standpipes
and sprinkler systems to one floor below the highest level of construction.
12. Any building, no matter what its use, that exceeds 30 feet shall be fitted with X
an approved automatic fire sprinkler system.
13. The angle of the entrance and the stability of the roads will be tested by Fire X
Department vehicles. If they cannot negotiate the entrance or become stuck,
the project will be shut down until the situation is rectified. These inspections
occur throughout the time of construction. Any towing expenses or vehicle
damage expenses due to the failure of the ground will be passed on to the
contractor.
POLICE
Comments: None X
BUILDING DIVISION
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Comments:
INCLUDE REJECT
14. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2001 FBC, Table 600.
Submit calculations that clearly reflect the percentage of protected and
unprotected wall openings permitted per 2001 FBC, Table 600.
15. Every exterior wall within 15 feet of a property line shall be equipped with X
approved opening protectives per 2001 FBC, Section 705.1.1.2.
16. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
17. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
18. Add a labeled symbol to the site plan drawing that identifies the location of X
the handicap accessible parking spaces. The quantity of the spaces shall be
consistent with the regulations specified in the 2001 FBC. The accessible
parking spaces that serve a use shall be located on the shortest safety
accessible route of travel from adjacent parking to an accessible entrance. The
2001 FBC states that buildings with multiple accessible entrances shall have
accessible parking spaces dispersed and located closest to the accessible
entrance. 2001 FBC, Sections 11-4.1.2(5),4.3, and 4.6.
19. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within
the covered dwelling unit shall comply.
20. To properly determine the impact fees that will be assessed for the one-story X
pool/clubhouse/recreation building, provide the following:
a.Will the pool/clubhouse/recreation building be restricted to the residents of
the entire project only?
b. Will the residents have to cross any major roads or thoroughfares to get to
the pool/clubhouse/recreation building?
c. Will there be any additional deliveries to the site?
d. Will there be any additional employees to maintain and provide service to
the site?
Please have the applicant provide the City with a copy of the letter that will be
sent to the impact fee coordinator. To allow for an efficient permit
review, the applicant should request that the County send the City a copy
of their determination of what impact fees are required for the
pool/clubhouse/recreation building.
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21. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are readily
available.
22. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
23. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. If the project is a multi-family project, the building numbers must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
24. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract. The recorded
deed shall be submitted at time of permit review.
25. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building numbers must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
26. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
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DEPARTMENTS INCLUDE REJECT
by the City Commission.
27. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal
28. Building #7 meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6.
The following information must be submitted at the time of permit
application:
a. The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a
threshold building.
b. All shoring and re-shoring procedures, plans and details shall be
submitted.
c. All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best
of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the
local authority in accordance with this section and F.S. Section 633.
29. Clearly show the distance between the buildings. X
PARKS AND RECREATION
Comments:
30. Impact fee calculation as follows: X
30 townhouses @ $771.00 each = $23,130.00
40 condominiums @ 656.00 each = 26,240.00
Total $49,370.00
The fee is due prior to the issuance of the first applicable permit.
FORESTER/ENVIRONMENTALIST
Comments:
31. Boundary Survey sheet Existing Trees Management Plan X
The Landscape Architect should indicate and tabulate the total number of
existing trees on the site. The tabular data should show the individual
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DEPARTMENTS INCLUDE REJECT
species of trees proposed to remain in place, be relocated throughout the site,
or removed / replaced on site. All desirable species of existing trees must be
relocated rather than removed if the trees are in good health. These trees
should be shown by a separate symbol on the landscape plan sheet
LP5Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]
32. The applicant should add a note indicating that all utility boxes or structures X
(not currently known or shown on the plan) should be screened with Coco
plum hedge plants on three sides.
33. Irrigation Plan-No Irrigation plan included in the submittal X
The irrigation system design (not included in the plans) should be low volume
water conservation using non-portable water.
34. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
35. Trees should have separate irrigation bubblers to provide water directly to the X
root ball. [Environmental Regulations Chap. 7.5 Art.IISec.5.C.2.]
PLANNING AND ZONING
Comments:
36. Approval of this site plan is contingent upon the accompanying request for X
land use / rezoning application (LUAR 05-004). Include a note regarding
LUAR 05-004 on the overall site plan tabular data (sheet AI).
37. The Palm Beach County Traffic Division determined that the proposed X
residential project is located in the county designated Coastal Residential
Exception areas, and therefore meets the traffic performance standards of
Palm Beach County. No building permits are to be issued by the City, after
the build-out date (2007) unless the traffic statement is updated and
subsequently approved by the Traffic Division.
38. All new docks would require approval from the U.S. Army Corps of X
Engineers. If an IPun is located with frontage on the Intracoastal Waterway,
conditions of approval shall include a deed restriction requiring that any
marina or dockage built will not exceed in width, the boundaries of the
project's actual frontage on the water, regardless of what any other governing
or permittin~ entity may allow or permit (Chapter 2, Section 5.L.4.g.(3)).
39. Include a color rendering of all elevations at the Community Redevelopment X
Agency Board meeting scheduled for June 9, 2005. at the Technical Review
Committee meeting (Chapter 4, Section 7.D.). This will be on display at the
public meetin~.
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40. On the landscape plan, ensure that the plant quantities match between the X
tabular data and the graphic illustration.
41. The trees proposed around the townhouse and condominium buildings must X
be installed at Y:z the building height of the building (Chapter 7.5, Article II,
Section S.M.).
42. At the time of permitting, provide proof of title to all lands proposed to be X
developed as part of this submittal.
43. At the time of permitting, incorporate a sidewalk into the design that would X
lead pedestrians from the townhouses to the sidewalk that exists within the
Federal Highwav right-of-wav.
44. Staff recommends increasing the setback of the wall / fence, proposed along X
the west property line, from three (3) feet to seven (7) feet in order to
accommodate additional shrubs and groundcover. Staff also recommends
increasing the height (from 12 feet to 16 feet) of the four (4) Foxtail palm
trees proposed at the front entrance. Finally, staff recommends increasing the
height of the three (3) Cabbage palm trees proposed just west of the
westernmost townhouse building, from 12 feet to 18 feet in height at the time
of installation.
45. Staff recommends that the plant material proposed within the south landscape X
buffer be installed in such a way as to provide immediate buffering. This can
be accomplished by installing all proposed trees at their maximum height
(within their specified range of heights) without jeopardizing the visual
buffering of lower-to-mid-level screening above the wall and inserting
additional palm trees within the south landscape buffer in areas where tip-to-
tip spacing is not entirely accomplished.
46. The site address is required on the sign. X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
47. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
48. To be determined.
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\NWSP 05-013\COA.doc
Ng DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Peninsula at Boynton Beach
AGENT:
Ms. Kimberly Glas-Castro and Ms. Bonnie Miskel / Ruden McClosky
AGENTS ADDRESS:
222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401-6112
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 5, 2005
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 30 fee-simple townhouse
units and 40 condominium units on 3.51 acres in the IPUD zoning
district.
LOCATION OF PROPERTY: On the east side of U.S. 1, approximately 1,600 feet north of Gateway
Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:IPJanningISHAREDlWPIPROJECTSlPeninsula@Boynton BeachlNWSP 05-013\DO.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Ed Breese, Principal Planner, presented the case as described. This property is immediately north of
SE 5th Avenue and is situated between a small parcel on the east owned by Mr. Ploen and the FEC
on the west. The segment immediately north of this on Railroad Avenue was abandoned by
Resolution in October of 1994. When a right-of-way is requested for abandonment, the City
transfers ownership to the abutting property owners. In this case, that would be FEC on the west
and Mr. Ploen on the east. Fifteen feet would go to each of the parties at no cost.
The applicant was required to contact all utility departments. BellSouth is the only one with a buried
cable within the right-of-way. BellSouth does not object to the abandonment, but wants to ensure
that an easement is conveyed that will cover that utility. Staff has determined that the right-of-way
does not serve a public purpose and recommends abandonment with the conditions noted in Exhibit
"C". Those conditions include the provision of an easement for the BellSouth utility.
Ms. Horenburger asked about the remainder of the property to the north and south. Mr. Breese
advised that the northern portion has been abandoned to the property owners and SE 5th is on the
south.
Mr. DeMarco announced the public hearing.
Dave Noble of Salefish Realty, Inc., represented Mr. Ploen and offered to answer questions
from the board.
Motion
Mr. Barretta moved to approve. Mr. Fenton seconded the motion that carried unanimously.
1.
land Use Plan Amendment/Rezoning
Project:
Agent:
Owner:
Location:
Description:
New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Peninsula at Boynton Beach (LUAR 05-004)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie A. Smith
East side of US 1, approximately 1,600 feet north of
Gateway Boulevard (2649 North Federal Highway)
Request to amend the Comprehensive Plan Future Land Use
Map from Local Retail Commercial and High Density
Residential to Special High Density Residential; and
Request to rezone from C-3 Community Commercial District
and R-3 Multiple-family Dwelling District to IPUD Infill
Planned Unit Development
Peninsula at Boynton Beach (NWSP 05-013)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Jennie A. Smith
East side of US 1, approximately 1,600 feet north of
Gateway Boulevard (2649 North Federal Highway)
Request for New Site Plan approval to construct 30 town
homes and 40 condominium units on a 3.51-acre parcel.
9
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Attorney Spillias commented on ex parte disclosures by members of the Board, advising that Items B
& C, Land Use Plan Amendment/Rezoning and New Site Plan could be considered together for this
purpose.
The members disclosed their ex parte contacts with Ms. Miskel and the applicant as follows: Mr.
Fenton spoke with Ms. Miskel in his office between the last meeting he attended and this one. Chair
Heavilin met with Ms. Miskel and the applicant two months previously. Ms. Horenburger and Mr.
Barretta also met Ms. Miskel and the applicant in their respective offices recently.
Attorney Spillias reviewed the newly instituted procedures for quasi-judicial hearings. After all the
witnesses are sworn and people make their appearances, City staff members will present a summary
of the issues before the Board and testify as to their opinions and make recommendations. The
Staff presentations should not exceed fifteen minutes in length. The applicant will then make their
case and the interveners would make their case and the members of the public would offer their
comments, limited to three minutes each, and then rebuttals, by the intervener, the applicant, and
the staff. At that time the CRA will go into basically executive session and discuss the matter. CRA
members can ask questions at anytime during anybody's presentation. If there is an extensive
amount of interplay because of those questions at the discretion of the Chair, time limits can be
extended, but they will try to stick to them as closely as possible.
Attorney Spillias swore in all those who wished to offer testimony or discussion on the Peninsula at
Boynton Beach agenda items.
Chair Heavilin asked whether the Board could consider Items Band C for the Pensinula at one time,
giving separate motions for each. Attorney Spillias indicated that this would be appropriate.
Eric Johnson, Planner, presented the staff summary of the Land Use Plan Amendment/Rezoning and
advised that staff recommended approval of the request. The property is located in the
redevelopment area, Study Area No.1, and is eligible for the density, the land use, and the zoning
district. The project would not create any additional impacts on infrastructure that had not been
anticipated in the Comprehensive Plan; the proposed Site Plan was consistent with the intent and
requirements of the IPUD regulations and meets the requirements for compatibility with the
adjacent properties based on the proposed uses, landscape buffers and setbacks; and the proposed
project will have a positive impact on values of adjacent properties and will contribute to the overall
development of the City. Staff reviewed the Land use Amendment and Rezoning based on the eight
required criteria and Peninsula at Boynton Beach demonstrates compliance with all such criteria.
There is one condition of approval with the rezoning request in Exhibit B, Conditions of Approval.
Mr. Johnson then reviewed the New Site Plan request and advised that staff recommended approval
of the request, with 46 Conditions of Approval, some of which had already been met. In his
summary, Mr. Johnson related that the subject property was 3.51 acres in size and is developed as
the Lake City Trailer Park. The applicant was required to submit a relocation study and the study
indicated that there were 45 mobile home lots or spaces but only 32 of them were occupied with
units, 25 of which were leased to long-term tenants. The proposed density would be 19.94 dujacre.
Staff reviewed the project for concurrency and found that it met all concurrency requirements in the
City, the County, and any other applicable agency. The Site Plan meets the minimum standards and
exceeds the Code requirements in terms of the parking facility, the landscaping, the buffering, and
the setbacks.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Mr. Johnson showed a rendering of the Site Plan to the public so they would be able to see where
the buildings would be located. There were seven buildings in all and ample buffering. The Board
members had seen the landscape plans and configuration of the lot.
Mr. Barretta questioned the parking spaces numbered 22, 28, 29, 32, and 33, saying that they did
not have the required 24 feet of back-up distance. The applicant responded that this might be an
oversight and if it were a problem, those spaces would be eliminated. Mr. DeMarco stated that this
had been one of his concerns also.
Chair Heavilin asked if the applicant was in agreement with all the Conditions of Approval.
Ms. Bonnie Miskel, appearing on behalf of the contract purchaser, stated that the applicant
was in agreement with all of the conditions.
In response to the concern about the parking spaces, Ms. Miskel stated that these spaces were all
surplus and could be removed. They would be happy to make adjustments to the islands. They
would work with staff to accommodate the Board's desires on this item.
Ms. Miskel related a congenial conversation with the owner of the Lake City Trailer Park who had
stated that they had a good run and it was time for a change. This project is consistent with the
City's Comprehensive Plan and the CRA goals and objectives as shown in the study performed
previously. Ms. Miskel reiterated the high points of the design, commenting on the creative and
flexible use of space in the IPUD. The buildings were oriented east and west and north and south.
The size of the buildings would be mixed also with two and three story town homes and a four-story
condominium building. Views of the water were maximized in all of the buildings. The landscaping
for the entire project is lush and extensive. The applicant did not object to staff's request to increase
the height of the trees. In summary, Ms. Miskel stated that these were luxury units and the starting
price would be in the $400K range.
I. Board Questions/Comments
Mr. Myott asked the architect to elaborate on the railings for the balconies.
Jay Colestock of Colestock and Muir Architects responded that the railing was an open picket
rail and the solid line indicates the handrail.
Mr. Myott questioned whether the trim was made of foam or cast stone. Mr. Colestock stated it
would probably be foam with high-resin on the outside. It would have the appearance of the pecky
cypress outriggers with stone crown molding and stone trim around the windows.
Mr. Myott asked that staff give more architectural details on the materials in the future.
Mr. DeMarco asked about the foam and whether it was stable in hurricane conditions. Mr. Colestock
said he had never seen it blow off in a hurricane and it was attached with very thick mastic. The
high-density resin on the outside of the foam was almost impenetrable. Ms. Horenburger confirmed
that the foam met the requirements of the South Florida Building Code.
Mr. Fenton asked Ms. Miskel to outline the applicant's plans to provide for relocating the residents of
the existing Lake City Trailer Park.
11
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Ms. Miskel stated that in accordance with Chapter 723, notice was given earlier this year when they
filed their original application. A meeting had been held, and a relocation package was presented to
the residents who attended. Less than twelve residents attended, although some were out of town
and neighbors picked up packages for them. Under Chapter 723, the owner either contributes to
the Mobile Home Trust Fund or makes arrangements directly with the mobile home owners. An
offer has been made to the mobile home owners that nearly doubles the maximum value associated
with the relocation of a singlewide mobile home (representing 90% of the mobile homes on this
property). The applicant has agreed to extend the offer to recreational vehicles, which are not
entitled to any compensation under State Statute. They believe that their offer was very fair. The
meeting was positive and those with concerns wish to resolve them as quickly as possible. Under
State Statute, the applicant is required to provide six months notice to vacate. That notice has not
been given and the applicant did not intend to give it until September. A program was set up where
the applicant was meeting with the mobile homeowners individually in order to assess their wants
and needs. The package given to the residents include all the vacancies in other mobile home parks
in the area. Some people may elect to look for more permanent housing and a specialist has been
made available to them to help identify this when possible. They are doing their best to
accommodate all the needs and wants of the residents.
Chair Heavilin opened the floor for the Public Hearing.
Chris Ciasulli, resident of Boynton Beach, owner of Gateway Marina, and former mobile
home park owner, stated that the "doubled value" spoken of by Ms. Miskel earlier was actually about
$6,000 per owner.
His family has owned this marina for 18 years and it houses over 2000 boats. Although the
applicant's attorney referred to the marina as a "less than acceptable" use, there are many people in
the community who use and enjoy it. He planned to keep the marina for a long time. He spoke of
plans to expand, more than doubling his docks, which were in a zero-lot-line relationship to the
proposed development. This would be over 500 feet from the seawall where his longest pier now
was approximately 200 feet. His permit was under review by the Department of Environmental
Protection and it appeared that it would be approved in September of 2005. One of the Peninsula
buildings would directly overlook his docks. He wanted to be able to conduct his business in the
same way as had been done for the last 18 years. The Marina has several customers with cigarette
boats that pull up to the dock at 10:00 p.m. at night after going to the Banana Boat. There is
normal marina activity including sword fisherman who return at 4:00 - 5:00 a.m. in the morning,
unload their belongings, flush their engines, and do typical marina activity. The noise from these
activities was even less than that of the fork lift trucks, back-up alarms, and other activity in the
marina. He felt that a disclosure to the effect that the proposed housing units were next to a
commercial business where normal marine activity would take place would be needed. The marina is
open to the public 24 hours a day, seven days a week, and he did not want the public to lose that.
Although the marina had cohabited successfully with the trailer park and the Lakeshore
condominiums during their ownership, and the marina driveway separates the massive storage
building from Lakeshore, there was no such buffer to the south. The marina storage building is built
on a zero lot line. He also spoke of an existing gutter that went down towards the trailer park into a
drainage pipe. He was desirous of maintaining this drainage system (of undetermined ownership)
for his 30K square foot roof.
Mr. CiasulJi felt that allowing 20 units per acre in the proposed development would create very
narrow parking spots. He did not agree that the proposed property was "terrible for commercial
12
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
use" (referring to a comment by Ms. Miskel earlier), and he would love to have it. The setback
would be more on the south side than it would be on the marina side.
Tony Morrow, 2611 Lake Drive, Boynton Beach, lives just to the south of the proposed
project. He represented himself and many other community members who were concerned about
the size of a building that would stick out over the peninsula. They felt that the proposed structure
was considerably larger than the size of a normal home and in terms of impact to the current
neighbors; it would be as if the proposed structure were a thousand times larger than a normal
home. When he and his neighbors look to the north now, instead of seeing the bay, they will see a
huge building. They were not opposed to the townhouses or development. If the proposed
development had two-story structures or town homes, there would be much less opposition. He
praised the City for its recent development of the City. This, however, was an example of a
development that totally changed the feel of the area in a negative way. It was just "too much."
Ms. Horenburger asked what kind of height was permitted in this area under existing zoning and Mr.
Johnson responded that the two zoning districts represented at this property both allowed a
maximum height of 45 feet. Mr. Johnson agreed that approving this change would not dramatically
change what was currently allowed.
Howard Lawson, a resident of Palm Beach County for sixty years and manager of the Gateway
Marina, stated that he wanted to see the marina stay for a long time. It was one of the few places
where large boats could be hauled out. He referred to the Morrell Marina to the north that had a
large housing development alongside it. At that marina there was noise from sanding, grinding, and
fiberglass work and the Gateway Marina would be quiet compared to that. There are Boynton Beach
residents who have boats at Gateway Marina at this time.
Mr. Myott confirmed that the Gateway Marina was outside the city limits of Boynton Beach and that
the City had no jurisdiction over that marina and could not tell them to be quiet.
The owner of Gateway Marina mentioned that the occupants of the trailer park had complained to
the Town of Hypoluxo about the noise from the marina and he had been written up with no proof
from the Police that a noise violation had actually taken place.
Jane Miller, a neighbor of Mr. Morrow and resident of Lake Drive, Boynton Beach, spoke
as a long-time resident of Boynton Beach. She recalled when Boynton was a nice, quiet fishing
community. It was no longer that. Their Lakeside Gardens community was small and consisted of
single-family homes. They could accept development, but changing their view from a single story
house to that of a five-story condominium, with people looking down on their little quiet bay, would
completely take away from the character of their community. She wanted to voice her objection to
the proposed height, even if she could not stop it.
Ms. Horenburger stated that this area had been zoned for a forty-five feet height for a long time and
that would be at least a four-story building.
Mike Mrotek, 2624 Lake Drive North, Boynton Beach, stated that he owned the property
where the "AA" appeared on the diagram. The point and waterfront was backfilled with debris and
rubble when the trailer park was developed, and the builder should be aware of this. The existing
trailer park was comprised of 45 homes, largely seasonal in nature. The proposal would replace that
with 70 units, largely year-round in nature. He was very concerned with the traffic that would result
from it. Mr. Mrotek referred to a case where the residents had fought the building of a home on the
point (behind the Ladies Club in Boynton Beach), where the proposed building would block the view
13
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
of the current residents. The residents won the case. That was exactly what was happening with
the proposed project. Mr. Mrotek thought that the proposed project was five stories high and a story
was 10 feet. This would eliminate any view to the north. He asked that his comments be taken into
consideration and passed on to the Commission.
Mr. Barretta stated that prior to the public input, he had a very different opinion of the proposed
project. He knew that the Marina was not in the Boynton Beach City limits, but it was a neighboring
community and there should be a good-neighbor policy. He was concerned about what the
developer would do to insure that the marina was not driven out of business by complaints from
owners of three-quarters of a million dollar units, when he was already having trouble from the
trailer park. He was there first and Ms. Miskel had already referred to the Marina in a disparaging
way as an unsuitable neighbor. He wanted to know what the developer was going to do to mitigate
the problems that this development would impose upon the Marina.
Ms. Miskel said that the beauty of the IPUD was that they might be able to mitigate what they could
not under R-3 zoning. As an example, there would be a wall running along the entire north end.
She did not mean to disparage Mr. Ciasulli's use, because there were a lot of projects outside of
Boynton and projects in Boynton that were marina projects. The fact that a marina is next to
residential is not incompatible in and of itself. There was, however, an illegal, non-conforming
building on the site of the Marina. His building was closer to his property line than they were
allowed to put a building. Unfortunately, that was not a desirable location for his building. However,
they did not dispute the fact that he was there first. The project does want to be a good neighbor.
They had pushed their buildings away from the border, and the only portion of the building that
would be close, the 3-story town home running north south, had no direct openings contiguous to
the Marina. They did not have any problem with a disclosure in the association documents that
could state the obvious, "If you have not noticed, you are next to a marina." Certain communities
that are next to major rights-of-way have language incorporated to put the buyers on notice as in,
"Buyer beware. You are in an urban infill area and there are people and uses around you that are
going to make noise." They believed their design would promote a good relationship and they had
every intention of being good neighbors. They had made no application to change or harm his
business.
She also commented that they were abutting a multi-family neighborhood, not a single-family one.
The people who are located in the R-1-AA actually have a multi-family property to the north of them.
They were not directly contiguous to them. Their largest building was a four-story building and it
represented only one third of the total site. That four-story building did not exceed the present height
limitations. Of greater concern would be the development of the nursery business in this area
because that is zoned R-3 multi-family and they are permitted to have heights of 45 feet. There
would probably be buildings on that property which would obstruct their view as well.
Mr. Barretta asked Ms. Miskel to have someone give a visual presentation of where the large
building was. Mr. Fenton did not believe that there would be much of a view going north south
anyway.
Jay Colestock, the architect, showed the Board where the view started and ended. Anything south
of the nursery was in the single-family category. At the very tip of the peninsula, they planned a
clubhouse and swimming pool area. They did not intend to have docks, which would probably be an
advantage to their Marina neighbor, since there would be no interference and no intermingling of
boat traffic.
14
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Mr. Baretta asked that someone point out where the most noise-generating part of the Marina's
operation would be. Since the answer was not readily forthcoming, Mr. Barretta followed it up by
asking how they attempted to mitigate the problem. Mr. Colestock said he had mitigated for the
visual effects of the metal building on the zero lot line. Mr. Barretta confirmed that other than the
wall and landscaping, there were no mitigating features pertaining to noise.
Ms. Miskel said that they were using wind-resistant glass and they thought this would help to
mitigate the exterior noise. Also, they planned to provide for soundproofing within the buildings.
Mr. Myott asked Mr. Doug Hutchinson whether any conversations had been held regarding any
affordable access in this project. Mr. Hutchinson said they were not in the Heart of Boynton area and
did not qualify for any direct incentives of any type. Mr. Myott commented to Mr. Morrow and his
neighbors that a project had come in to the Board a few months before where the compatibility of
existing single-family homes was discussed in contrast to the proposed new buildings. They were
very well organized and were able to reduce that building by one story. He felt there were some
compatibility issues with this project, but they might not be as significant as ones that could come in
when the nursery property was developed.
Tony Morrow reappeared at the podium and asked if the building was five stories or four stories. Mr.
Myott remarked that the parking was underneath and partially recessed, so there were five levels,
but four stories of units. The overall height did not exceed 45 feet.
A question was raised about the drainage, and Ms. Horenburger said this would have to be
addressed in the Development Plan.
Chair Heavilin closed the Public Hearing.
Ms. Horenburger was offended by the Marina owner's comment that the Board was here to make
changes because of money. He was telling the Board that he was applying to the DEP to extend his
docks and surely he was doing that for money. She wondered if the City or the County could protest
the extension of the docks at the Marina. Chair Heavilin did not think that this had anything to do
with the agenda.
Chair Heavilin commented that although some people would lose some of their view, it was a good-
looking, well-designed project. She was thankful that this project was before the Board instead of
some others that might have been proposed for this property. She was glad to hear that the
relocation was underway.
Motion
Mr. Fenton moved to amend the Future Land Use designation from Local Retail Commercial LRC and
High Density to Special High Density Residential, and to rezone the property for C-3 Community
Commercial in an R-3 multiple family residential to IPUD for the Peninsula at Boynton Beach LUAR 5-
004.
Attorney Spillias commented that the Rezoning had to be in a separate motion.
Mr. Fenton amended his motion to exclude Rezoning. Ms. Horenburger seconded the motion that
passed 6-0.
15
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Motion
Ms. Horenburger moved to approve the rezoning of said property from Community Commercial and
Multiple Family Dwelling District to Infill Planned Unit Development. Mr. Barretta seconded the
motion.
Mr. Fenton asked that the motion be made contingent to acceptance of all staff report and
conditions. Ms. Horenburger agreed to add this to her motion and Mr. Barretta agreed as well.
The motion passed 6-0.
Motion
Ms. Horenburger moved to approve the Site Plan for the Peninsula project incorporating all of the
conditions and comments of staff. Mr. Fenton seconded the motion.
Mr. Myott asked if this was going to be put on the Consent Agenda of the City Commission
considering the unanimous vote. Attorney Spillias responded that a Public Hearing was required.
The motion passed 5-1, Mr. Barretta dissenting.
Code Review
Agent:
Commercial Uses in Planned Unit
Development District (PUD) (CDRV 05-11)
Staff-initiated
1. Project:
Location: Planned Unit Development District
(PUD)
Description: Request to amend the Land Commercial Standards, to allow
commercial uses to front on exterior or perimeter streets, when
such locations are consistent with adopted redevelopment plans.
Dick Hudson, Senior Planner, said that the City requested a Code amendment to allow
commercial uses in PUDs on the exterior or perimeter streets when such locations are consistent
with adopted redevelopment plans and policies. This is another case where suburban development
regulations conflict with urban redevelopment plans. In the Redevelopment Areas 1 and 5, when
applications are made for the Special High Density Land Use, they also can apply for PUD regulations
if they are above five acres. If they are between one and five acres, it is an Infill PUD. In an Infill
PUD, commercial uses are allowed only when they front on arterial roadways. There are instances
where properties larger than five acres are in areas where a commercial node is already established,
and it would be nice to be able to continue commercial along the major roadway and not force
residential into that area where it might create incompatibility. There are not many locations where
this would apply, but there are some. The proposed language would require only a minor change to
the existing language, which says, "Areas designated for commercial activity shall not generally front
on exterior or perimeter streets and shall be preferably centrally located within the project." What is
being added is: after the word project, "unless these criteria would be inconsistent with or contrary
to adopted redevelopment plans. In instances where a PUD and redevelopment area includes
commercial uses, it shall be developed consistent with adopted design guidelines or requirements
contained in the redevelopment plan."
16
XII. - LEGAL
ITEM A.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\tl
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
May 2, 2005 (Noon)
o June 7, 2005
o
o
[8J
May 16,2005 (Noon)
0 April 5, 2005
0 April 19,2005
0 May 3, 2005
0 May 17,2005
March 14,2005 (Noon.)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
June 21 , 2005 June 6, 2005 (Noon)
--,
July 5, 2005 June 20, 2005 (Noon) '.~ I- '..~;: ~-i
~- -- -; -" "-....
-.
July 19,2005 July 5, 2005 (Noon) f -..... 1J
o'
- .
Cj-, -.i::~3
.__4 '.-.,
0 Development Plans ~--- )---f
..~- (:=)
0 N __J....-_
New Business '-"I-
.. . qOJ
[8J Legal r\.) ;~ 1""T1
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D Unfinished Business '("")
:x:
0 Presentation
April 4, 2005 (Noon)
April 18,2005 (Noon)
RECOMMENDATION: Please place this request on the July 19, 2005 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved this request for Public Hearing, Legal, Ordinance-First
Reading on July 5,2005. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-050.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
LDR Revisions (CDRV 05-007)
City initiated
N/A
Consider proposed modifications to Land Development Regulations (LDR) relative to
residential district building setbacks, and regulations for fences, walls, and sheds.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
Planning and Zoning D'
S:\Planning\SHARED\ WP\sPECPROJ\CO
reading 7-19-05 .dot
;t.1L.
tor City Attorney / Finance / Human Resources
REVIEW\CDRV 05-007 LDR Revisions\Agenda Item Request LDR Revisions CDRV 05-007 PH.2nd
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-050
TO: Chair and Members of Community Redevelopment Agency Board
and Planning and Development Board
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
FROM: Ed Breese ~
Principal Planner
DATE: March 31,2005
SUBJECT: CODE REVIEW (CDRV 05-007)
Land Development Regulation Revisions (Setbacks, Fences, Accessory Structures)
NATURE OF REOUEST
Pursuant to desires of the City Commission, staff forwards those portions of the Land Development
Regulations currently under review, as an incremental step to updating the zoning regulations. These
portions address building setbacks and related issues, and would assist in the ability of homeovvners to
renovate or construct additions to their homes. These proposed regulations should better accommodate the
residents' desire to expand their living area, in many cases, without the need of one or more variances.
BACKGROUND
There is a high demand for home expansions within the city, as indicated by previous variance
applications, and by recent inquiries made to staff and elected officials regarding expansions plans and the
variance process. Variances, of course, have the burden of requiring hardship for not conforming to the
letter of the law, or in this case, zoning ordinance. In most cases, no peculiarities existed to a given lot or
situation, and staff was forced to recommend denial of the request. In some instances, the applicant
indicated, though they did not wish to move out of their home or the City, their expansion plans could not
be accommodated where they were, under the current land development regulations. With this being the
case, staff made the setback issue their number one priority in the revisions to the land development
regulations and therefore forwards these amendments first.
ANAL YSIS
Staff reviewed numerous old variance applications to determine the extent to which the requests
encroached into the required setbacks. It was determined that the ~ setback variance was most frequently
requested. This in many ways makes sense, since it is typically the largest area of the yard in which to
expand the house, an addition to the rear of the house usually better integrates with the existing floor plan,
and the addition would generally be further removed from street noise. Additionally, staff examined the
existing land development regulations and those from the previously adopted code to gain a better
understanding of the rules under which many of the homes where constructed. This insight into the built
environment helped fonn the basis for recommended changes to the land development regulations. Again,
Page 2
CDRV 05-007
understanding the Commission's desire to promote home improvements and expansions without a complex
process and onerous hardship criteria, without degrading neighborhood quality, staff crafted the following
modifications (see also Exhibit "A"): and
Reduction in rear yard setback requirements from 15 feet to 10 feet in all single-family
districts.
Creation of an Administrative Adjustment (like currently existing in the code for non-
confonning lots) to allow additional reductions in all yard setbacks. The proposed adjustments
are minimal, again like those currently in the code for non-confonning lots, and would look
something like this for a RlAA single-family lot, platted prior to June 13, 1975:
Front Setback - 25 feet.
Rear Setback -10 feet.
Side Setback - 10 feet.
With Administrative Adjustment - 20 feet.
With Administrative Adjustment - 15 feet.
With Administrative Adjustment - 8 feet.
Establishment of criteria for the review and approval of Administrative Adjustments
(see Exhibit HB n), which pertains to compatibility with the established character of the
neighborhood, reasonableness of the request and massing of the building or addition.
Creation of a Special Rear Yard Setback Reduction for properties abutting the railroad rights-
of-way, 1-95 rights-of-way, canals, lakes, Intracoastal Waterway, parks, golf courses ,and
community perimeter walls; and public use, recreation, commercial and industrial zoning
districts. This reduction would decrease the rear setback from 20 feet to 10 feet. This special
rear yard setback is applicable to one-story additions only.
The remaining provisions help clarify certain language already in the code regarding corner
lots and through lots, and also denote that these provisions are not applicable to any PUD
without fonnal action of the HOA and a Master Plan Modification. These provisions would
also not supercede any setbacks recorded on plats.
While reviewing building setbacks, two related issues surfaced that require updating and clarification. The
first involves Accessory Buildings (storage structures). Staff regularly receives numerous complaints,
from residents desiring to install a shed, regarding both the maximum height regulation (7 feet) and the
minimum separation requirement (12 feet) from the principal structure. Very few manufacturers of pre-
fabricated sheds make a model that meets the City's height regulation. The few companies that do typically
only make one model, thereby limiting consumer choices for storage structures. The second issue involves
the separation requirement for accessory structures. This requirement has, in some instances, made it
impossible for a homeowner to place a shed on their property. Since a homeowner can now go to a place
like Home Depot and buy a shed that physically attaches to the house, our code is fairly outdated.
Discussion with the City's Building Code Administrator and the Fire Marshall has confirmed that there are
no issues of concern for allowing sheds in close proximity, or attached to a house. As such, staff
recommends the following amendments to the code:
Removal of the twelve (11) foot separation requirement between accessory structures and the
principal structure, thereby allowing storage structures to be immediately adjacent to or
attached to the house; and
Allow an increase in maximum height for storage structures from seven (7) feet to nine (9) feet;
and.
Retain existing requirements for maximum square footage of storage structures (J 00 square
feet) and minimum setback requirements (three (3) feet from rear and side property lines).
The other related issue involves Wall, Fence and Hedge Regulations. In an effort to clarify requirements
for walls and fences in Residential Zoning Districts, as to their placement and maximum height dependant
upon placement, staff recommends the following minor rewording of the code:
Page 3
CDRV 05-007
Fences, hedges and walls shall not exceed six (6) feet in height, above finished grade, except
that in front setbacks, from the building line forward to the property line, the maximum height
shall be four (4) feet. On corner lots, both road frontages are subject to the four (4) foot height
limitation, in accordance with Chapter 2, Section 4.E., Visual Obstructions.
RECOMMENDA TION
Staff recommends that the proposed amendments to Chapter 2. Zoning of the City's Land Development
Regulations, regarding setbacks, accessory structures and fences, walls and hedges, be approved. It is
staffs opinion that these amendments will remove barriers to desirable home expansions, provide residents
more flexibility in acquiring and siting storage structures, and better regulate the placement of fences and
walls, while preserving the integrity of the zoning regulations and neighborhood quality.
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EXHIBIT B
ADMINISTRATIVE ADJUSTMENT
TO MINIMUM YARD SETBACKS
INTENT
The intent of these provisions is to provide minor reductions to the minimum yard
setbacks in order to better facilitate renovation/redevelopment efforts on individual
lots in single-family zoning districts. fu staff consideration of requests for
administrative adjustment to minimum yard setbacks, various criteria will be utilized
to determine compatibility with and impact on the surrounding neighborhood. Staff
will review the site constraints, building orientation and floor plan functionality issues
that justify the request. Additionally, staffwill take into consideration compatibility
with the established character ofthe neighborhood, the massing of the building or
addition(s) and reasonableness of the request.
SUBMITTAL REQUIREMENTS
A. Proof of property ownership by petitioner(s), such as deed or purchase contract
agreement.
B. Justification statement detailing the need for the setback adjustment, including
site constraints, building orientation, floor plan functionality and other
restrictions.
C. Provision of the following:
1. Two sealed surveys by a registered surveyor in the State of Florida, not
over six (6) months old, indicating:
A) All property lines
B) North arrow
C) Existing structures and paving
D) Existing elevations
E) Rights-of-way, with elevations
F) Easements on or adjacent to the site
G) Utilities on or adjacent to the site
H) Legal Description
I) Number of acres to the nearest one-hundredth (1/100) of an acre
J) Location sketch of property
2. Two site plans properly dimensioned and to scale depicting the following:
A) Location of all existing structures on the property
B) Location and dimension of any new construction
C) Setback dimensions to all property lines
D) Location of, and dimension to, streets, alleys and easements on or
adjacent to the property
E) Floor plans of proposed addition(s) and of adjacent habitable space
in the existing structure
F) Location, number and size of existing and proposed parking spaces
on the property
3. Photographs depicting the existing conditions on the property, area of the
proposed addition(s), and views facing adjacent properties
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 12, 2005
Motion
Mr. Tillman moved to postpone the matter and direct staff to set up a workshop.
Motion seconded by Mr. Barretta and unanimously carried.
Mr. Rumpf asked if the Board foresees needing any additional information from
them for the workshop.
Mr. Hutchinson suggested better maps.
2.
Project:
Agent:
Location:
Description:
LOR Revision (CORV 05-007)
City initiated
N/A
Request to amend the Land Development Regulations
(LOR), Chapter 2, Zoning, Section 4.B, 4,] and 5.A-
5.E, relative to residential district building setbacks,
and regulations for fences, walls, and sheds.
Ed Breese, Principle Planner, informed the Board the item dealt with setbacks in
residential districts. The Commission asked staff in its first duty in rewriting the
Land Development Regulations to look at the setbacks within the residential
districts based on the number of variances that have been going through the
process. They also asked them to look at the number of phone calls they receive
from people who want to add on a family room or extra bedroom, because they
have had an addition to their family and they can't fit it within the current Code.
What staff did was look at the previous Codes to see what the setbacks were
when most of the houses were built. They additionally looked at the variance
applications, to see what were the most prevalent types of variances. Staff came
up with the following recommendations:
· Reduction in rear yard setback requirements from 25 feet to 20 feet in all
single-family districts.
· Creation of an Administrative Adjustment to allow additional reductions in
all yard setbacks. The proposed adjustments are minimal, again like
those currently in the Code for non-conforming lots, and would look
something like this for a R1M single-family lot, plotted prior to June
13,1975:
Front Setback-25 feet. With Administrative Adjustment-20 feet.
Rear Setback-20 feet. With Administrative Adjustment-1S feet.
Side Setback-10 feet. With Administrative Adjustment-8 feet.
· establishment of criteria for the review and approval of Administrative
Adjustments (see Exhibit "B"), which pertains to compatibility with the
14
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 12, 2005
established character of the neighborhood, reasonableness of the request
and massing of the building or addition.
· Creation of a Special Rear Yard Setback Reduction for properties abutting
the railroad rights-of-way, 1-95 rights-of-way, canals, lakes, Intracoastal
Waterway, parks, golf courses, and community perimeter walls; public
use, recreation, commercial and industrial zoning districts. This reduction
would decrease the rear setback from 20 feet to 10 feet. This special rear
yard setback is applicable to one-story additions only.
Mr. Breese stated more than likely the setback is 25 feet and they are suggesting
it be 20 feet, and if you are on a lake, you can actually go to 10 feet. The
Commission has heard from numerous people who had to sell their houses
because they cannot expand. The Code was developed in 1975 and the one
before that was 1962, and has not been updated for a long time. There is a
need to develop a zoning Code that is more in line with what people want to do
today. One of the things they heard from the Commission was they want to
make the process simpler. As far as the Accessory Buildings, right now the
regulations on the books state the shed must be a minimum of 12 feet away
from the principle structure, and could be no higher than 7 feet tall. Mr. Breese
stated since a homeowner can now go to a place like Home Depot and buy a
shed that physically attaches to the house, the Code Is fairly outdated.
Discussion with the City's Building Code Administrator and the Fire Marshal has
confirmed that there are no issues of concern for aI/owing sheds In close
proximity, or attached to a house. Staff recommends the following amendments
to the Code:
· Removal of the twelve (12) foot separation requirement between
accessory structures and the principal structure, thereby aI/owing storage
structures to be immediately adjacent to or attached to the house.
· Allow an Increase In maximum height for storage structures from seven
(7) feet to nine (9) feet.
· Retain existing requirements for maximum square footage of storage
structures (100 square feet) and minimum setback requirements (three
(3) feet from rear and side property lines).
Ms. Horenburger questioned if there was a requirement if your house was
situated on a corner and you wanted to build a shed on that side of the house,
would it have to be screened?
Mr. Breese said to the best of his recollection, sheds could be In any yard except
front yards. They can be on a side yard, even If you are on a corner, and he did
not think It would be required to screen It.
15
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
April 12, 2005
Mr. Fenton stated if the subdivision does not allow for a shed, you couldn't have
a shed. Mr. Breese stated, if it was the desire of the Board that a shed which is
not in the rear yard, must be screened, they could add that regulation. Ms.
Horenburger felt it should be a requirement to have the shed screened if it is on
the street frontage.
Mr. Breese stated the other related issue involves wall, fence and hedge
regulations. In an effort to clarify some of the language in the Code, staff
recommends the following minor rewording of the Code:
Fences, hedges and walls shall not exceed six (6) feet in height, above
finished grade, except that in front setbacks, from the building line
forward to the property line, the maximum height shall be four (4) feet.
On corner lots, both road frontages are subject to the four (4) foot height
limitation, in accordance with Chapter 2, Section 4.E., Visual Obstructions.
Mr. Breese stated most fences are made six (6) feet high. Hedges are more
troublesome. There were many historic districts which had high hedges, and the
problem for that was relative to reversing out of your driveway. If your neighbor
has a six-foot high wall, fence or hedge, you would have trouble seeing any
oncoming traffic, or pedestrians.
Mr. Barretta stated if they loosened up the requirements for sheds, they would
probably see a lot more sheds and they are going to potentially be nine feet. He
understood the liability issue in the front setback but wondered if there should be
a prohibition against someone who wanted to screen their shed around the side
and rear with an eight foot fence or wall.
(Mr. DeMarco left the meeting at 8:48 p.m.)
Mr. Breese stated if it is the desire of the Board to look at an eight (8) foot
height in the rear and side property lines, they could take that forward with a
recommendation to the Commission to re-evaluate the six (6) feet.
Vice Chair Tillman stated if they are allowing a shed to go from seven (7) feet to
nIne (9) feet, and on the corner lots, even though the shed is on the back of the
property, it is still viewed by the public, the eight (8) foot hedge is still not going
to cover it. He thought there should be some exceptions where there are
corners, when dealing with sheds and hedges.
Motion
Ms. Horenburger moved to approve the amendment of the Land Development
Regulations. Motion seconded by Mr. Barretta and unanImOUSly carried.
16
-'~,' ......."'__;:.;.,"',__~".."'_4..;,-;'".,.....,.
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 26, 2005
Chairman Wische noted there was no one in the public audience to address the issue.
Motion
Vice Chair Hay moved to approve the request to abandon a portion of an unimproved
30-foot wide road. Motion seconded by Mr. Casaine and unanimously carried.
B. Code Review
1.
Project:
Agent:
Location:
Description:
LOR Revisions (CDRV 05-007)
City Initiated
N/A
Proposal to amend the Land Development
Regulations, Chapter 2, Zoning, Section 4.B,
4.J, and 5.A-5.E, relative to residential district
building setbacks, and regulations for fences,
walls, and sheds
Ed Breese, Principal Planner, presented the item.
../ Building Setbacks
The City Commission requested staff during their review and re-write of the Land
Development Regulations (LDR) to look at the setbacks in the residential districts due to
the magnitude of variance requests that were coming to the City, most of which dealt
with rear yard setbacks. While reviewing rear yard setbacks, staff determined to look at
all the setbacks so homeowners would be able to expand their homes to add an
additional bedroom, meet expanding family needs, etc. In so doing, families would be
able to remain in the City instead of having to move.
Staff will be making the recommendations (1) to reduce rear-yard setbacks in all single-
family zoning districts from 25' to 20'; and (2) to allow an administrative adjustment for
setbacks that could be handled in-house by staff. Mr. Breese reviewed the zoning
changes that staff could administratively adjust regarding. setbacks in R-1 AA zoning
districts for single-family homes as follows:
../ Front setbacks of 25' with administrative adjustment could go to 20'.
./' Rear setbacks would be 20' in all districts and with an administrative variance it
could go to 15'.
./' Side setbacks are currently 10' and, with an administrative adjustment, could go
to 8'.
Staff is also recommending the creation of special rear-yard setbacks for properties that
abut railroad tracks, 1-95, lakes, the Intracoastal and properties that do not have a
"neighbor" in their backyard. In these instances, the rear yard setback could go from 20'
to 10'. This category would also include City and private parks.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 26, 2005
close a residence. Sheds, however, are prohibited from being placed in the front yard
and must be placed in the rear or side yards.
When this issue was brought before the CRA Board, they recommended sheds be
screened from the street and view, where possible, and especially on corner lots. This
could be done with fencing, a hedge or other type landscaping.
Mr. Rodriguez inquired if there would be restrictions on the color and design of the
sheds. Staff is not recommending this, since it is not done for residences.
Mr. Saberson inquired how close a shed could be built to the rear and side yards. Mr.
Breese stated the current code is 3' from any property line. Staff's recommendation
contains this, as well as allowing sheds to be a maximum of 100 square feet, which is
the current code.
Mr. Rodriguez inquired if a permit was necessary for a shed and was informed a permit
was required. Mr. Breese pointed out that homeowner association rules and regulations
would still prevail over the City's requirements.
Ms. Jaskiewicz inquired why this is now being brought up. Mr. Breese stated the City
continues to receive complaints from people when they find out they can only have a 7'
shed. Also, many people cannot place a shed 12' from their house. As a result, the
City felt this needed to be re-addressed. Mr. Breese pointed out the standard for sheds
is much larger than what the City allows.
Mr. Rodriguez inquired why the City did not recommend 8', which is a standard height
for most ranch homes. Mr. Breese pointed out that currently 9' high fountains are
permitted in yards. Mr. Rodriguez requested staff to reconsider limiting the height of
sheds to 8'. Mr. Casaine pointed out that the standard shed sold at Home Depot is 8'.
Mr. Breese was amenable to recommending 8' instead of 9' to the Commission. Mr.
Saberson recommended that this be included in the motion. There was a consensus to
go with 8'.
./ Fences, Walls and Sheds
The CRA recommended fence heights for side and rear yards be increased from 6' to
8'. Mr. Breese inquired if this Board would also agree with this recommendation. This
would include all types of fencing. Board members agreed to increase the height of
fences to 8'.
Mr. Baldwin inquired where the height of the fence was measured. Mr. Breese pointed
out that a fence is measured from the natural ground.
Mr. Saberson inquired about having a berm and a 6' wall on top and whether this would
still be allowed. Mr. Breese explained PUD's are treated differently and are approved
with a master plan. Staff is looking at single-family homes throughout the City.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 26, 2005
accessory buildings would be 8'; and the maximum height for fences, walls and hedges
would be 8'. Motion seconded by Mr. Casaine and unanimously carried.
2. Project:
Agent:
Location:
Description:
Building Colors along selected roadways
(CDRV 05-009)
City initiated
N/A
Proposal to amend the Land Development
Regulations, Chapters 4 and 9 to limit building
colors, and require the review/approval for
changes to building colors for buildings located
along Boynton Beach Boulevard, Federal
Highway and Congress Avenue
Mr. Rumpf reported that this item was not ready to be addressed. Attorney Tolces
advised that no action on the Board's part was necessary.
9. Other
None
10. Comments by Members
None
11. Adjournment
-
There being no further business, the meeting properly adjourned at 7:47 p.m.
Respectfully submitted,
~~-hL~
Barbara M. Madden
Recording Secretary
(April 27, 2005)
9
XII. - LEGAL
ITEM A.6
ORDINANCE 0 05- 025
2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, AMENDING CHAPTER 15, ENTITLED,
4 "OFFENSES MISCELLANEOUS," OF THE CITY OF
5 BOYNTON BEACH CODE OF ORDINANCES, TO
6 CREATE ARTICLE X, ENTITLED "SEX OFFENDER
7 RESIDENCY PROHIBITION; ENACTING SECTION 15-
8 121, ENTITLED FINDINGS AND INTENT"; PROVIDING
9 FOR FINDINGS AND INTENT; ENACTING SECTION
10 15-122, ENTITLED "DEFINITIONS,"; PROVIDING FOR
11 DEFINITIONS; ENACTING SECTION 15-123,
12 ENTITLED "SEXUAL OFFENDER AND SEXUAL
13 PREDATOR RESIDENCE PROHIBITION; PENALTIES;
14 EXCEPTIONS," PROVIDING FOR A PROHIBITION
15 FOR SEXUAL OFFENDERS AND SEXUAL
16 PREDATORS CONVICTED OF CRIMES UNDER
17 CERTAIN FLORIDA STATUTES FROM LIVING
18 WITHIN A SPECIFIED DISTANCE WITHIN THE CITY
19 OF BOYNTON BEACH; ENACTING SECTION 15-124,
20 ENTITLED "PROPERTY OWNERS PROHIBITED
21 FROM RENTING REAL PROPERTY TO CERTAIN
22 SEXUAL OFFENDERS AND SEXUAL PREDATORS;
23 PENAL TIES," PROHIBITING OWNERS OF REAL
24 PROPERTY FROM RENTING OR LEASING ANY
25 PLACE, STRUCTURE, OR PART THEREOF, TRAILER
26 OR OTHER CONVEYANCE LOCATED WITHIN A
27 SPECIFIED DISTANCE WITHIN THE CITY OF
28 BOYNTON BEACH TO SEXUAL OFFENDERS AND
29 SEXUAL PREDATORS CONVICTED OF CRIMES
30 UNDER CERTAIN FLORIDA STATUTES; PROVIDING
31 FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
32 PROVIDING FOR AN EFFECTIVE DATE.
33
34 WHEREAS, the City Commission of the City of Boynton Beach is deeply concerned
35 about the numerous recent occurrences in our state and elsewhere, whereby convicted sex
36 offenders who have been released from custody repeat the unlawful acts for which they had
37 originally been convicted; and,
38 WHEREAS, the City Commission of the City of Boynton Beach finds from the
39 available evidence that the recidivism rate for released sex offenders is alarmingly high,
40 especially for those who commit their crimes on children; and,
WHEREAS, the City of Boynton Beach is a very attractive place of residence for
2 families with small children; and,
3 WHEREAS, the City Commission of the City of Boynton Beach desires to establish a
4 policy providing for the maximum protection of the lives and persons in the City of Boynton
5 Beach; and,
6 WHEREAS, the City has the authority, pursuant to Article VIII, Section 2(b) of the
7 Florida Constitution, and Section 1 66.021, Florida Statutes, to adopt such provisions in order
8 to protect the health, safety, and welfare of its residents; and,
9 WHEREAS, the United States 8th Circuit Court of Appeals recently issued an opinion
10 in the case of Doe v. Miller, 2005 WL 991635 (8th Cir. April 29, 2005), in which the Court
11 upheld similar residency restrictions contained in the State of Iowa Statutes, and found the
12 restrictions to be constitutional; and,
13 WHEREAS, the City Commission finds that the creation of a Sexual Offender
14 Residency Prohibition section of the City Code of Ordinances to prohibit sex offenders
15 convicted of crimes under certain Florida Statutes from living within
16 feet ( ') of specified locations in the City of Boynton Beach is in the best interest
17 of the health, safety, and welfare ofthe residents and citizens of the City of Boynton Beach.
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, THAT:
20 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
21 as being true and correct and are hereby made a specific part of this Ordinance upon adoption
22 hereof.
Page 2
._"..""".~~_..._--.--.._--".^~,>
1 SECTION 2. That Chapter 15, "Offenses - Miscellaneous," of the City of Boynton
2 Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X,
3 entitled "Sexual Offender Residency Prohibition, Section 15-121; Findings and Intent," to
4 read as follows:
5 ARTICLE X. SEXUAL OFFENDER RESIDENCY PROHIBITION
6 Sec. 15-121 Findin2;s and Intent.
7
8 (a) Repeat sexual offenders, sexual offenders who use physical violence,
9 and sexual offenders who prey on children are sexual predators who present
10 an extreme threat to the public safety. Sexual offenders are extremely
11 likely to use physical violence and to repeat their offenses, and most
12 sexual offenders commit many offenses, have many more victims than are
13 ever reported. and are prosecuted for only a fraction of their crimes. This
14 makes the cost of sexual offender victimization to society at large, while
15 incalculable, clearly exorbitant.
16
17 (b) it is the intent of this ordinance to serve and to protect the city's
18 compelling interest to promote. protect and improve the health, safety and
19 welfare of the citizens of the City by creating areas around locations where
20 children regularly congregate in concentrated numbers wherein certain sexual
21 offenders and sexual predators are prohibited from establishing temporary or
22 permanent residence.
23
24 SECTION 3. That Chapter 15, "Offenses - Miscellaneous," of the City of Boynton
25 Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X,
26 Section 15-122, entitled "Definitions," to read as follows:
27 Sec. 15-122. Definitions.
28
29 The following words. terms and phrases. when used in this article, shall have
30 the meanings ascribed to them in this section. except where the context
31 clearly indicates a different meaning:
32
33 "Permanent residence" means a place where the person abides. lodges, or
34 resides for 14 or more consecutive days.
35
36 "Temvorary residence" means a place where the person abides, lodges, or
37 resides for a period of 14 or more days in the aggregate during any calendar
Page 3
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14
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1
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year and which is not the person's permanent address, or a place where the
person routinely abides, lodges, or resides for a period of 4 or more
consecutive or nonconsecutive days in any month and which is not the
person's permanent residence.
SECTION 4. That Chapter 15, "Offenses - Miscellaneous," of the City of Boynton
7
Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X,
8
Section 15-123, entitled" Penalties; Exceptions," to read as follows:
Section 15-123
Penalties; Exceptions.
(a) It is unlawful for any person who has been convicted of a violation of
~~794.011, 800.04, 827.071, or 847.0145, Fla. Stat., regardless of
whether adiudication has been withheld, in which the victim of the offense
was less than 16 years of age, to establish a permanent residence or
temporary residence within () feet
of any school. designated public school bus stop, day care center, park,
playground, or other place where children regularly congregate.
~ For purposes of determimng the minimum distance separation, the
requirement shall be measured by following a straight line from the outer
property line of the. permanent residence or temporary residence to the
nearest outer property line of a school, designated public school bus stop, day
care center, park, playground, or other place where children regularly
congregate.
(c) Penalties. A person who violates this section shall be punished by a
fine not exceeding $500.00 or by imprisonment for a term not exceeding
60 days, or by both such fine and imprisonment; for a second or subsequent
conviction of a violation of this section, such person shall be punished by a
fine not to exceed $1,000.00 or imprisonment in the county iail not more than
12 months, or by both such fine and imprisonment.
(Ql Exception~. A person residing within
( ) feet of any school.
designated public school bus stop, day care center, park, playground, or
other place where children regularly congregate does not commit a violation
of this section if any of the following apply:
(i)
1, 2005.
The person established the permanent residence prior to J!!1y
Page 4
1
2
3
4
5
6
7
(ii) The person was a minor when he/she committed the offense
and was not convicted as an adult.
(iii) The person is a minor.
The school. designated public school bus stop or day care
( ) feet of the
after the person established the
(iv)
center within
persons permanent residence was opened
permanent residence.
8
9
10
11
SECTION 5. That Chapter 15, "Offenses - Miscellaneous" of the City of Boynton
12
Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X,
13
Section 15--124, entitled" Property Owners Prohibited from Renting Real Property to Certain
14
Sexual Offenders and Sexual Predators; Penalties," to read as follows:
15
16
17
18
19
20
21
22
23
24
')-
-)
26
27
28
29
30
31
Sec. 15-124. Property Owners Prohibited from Rentinl! Real Property
to Certain Sexual Offenders and Sexual Predators; Penalties.
(a) It is unlawful to let or rent any place, structure, or part thereof, trailer
or other conveyance, with the knowledge that it will be used as a permanent
residence or temporary residence by any person prohibited from establishing
such permanent residence or temporary residence pursuant to this Code. if
such place, structure, or part thereof. trailer or other conveyance, is located
within () feet of any
school. designated public school bus stop, day care center, park, playground.
or other place where children regularly congregate.
(QL A property owner's failure to comply with provisions of this section
shall constitute a _ violation of this section, and shall subject the property
owner to the code enforcement provisions and procedures as provided for in
this Code of Ordinances, including the provisions that allow the city to seek
relief as otherwise provided by law.
32
SECTION 6. It is the intention of the City Commission of the City of Boynton
33
Beach that the provisions of this Ordinance shall become and be made a part of the Code of
34
Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance
35
may be renumbered, re-Iettered and the words "Section," "Article" or such other word or
36
phrase may be changed in order to accomplish such intention.
Page 5
1 SECTION 7. If any clause, section, or other part or application of this Ordinance
2 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
3 unconstitutional or invalid part or application shall be considered as eliminated and so not
4 affecting the remaining portions or applications remaining in full force and effect.
5 SECTION 8. All Ordinances or parts of Ordinances, Resolutions or parts of
6 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such
7 conflict.
8 SECTION 9. This Ordinance shall become effective immediately upon adoption.
9
FIRST READING this ~ day of
~u.lt
,2005.
10 SECOND, FINAL READING AND PASSAGE this _ day of
11
12 2005.
13 CITY OF BOYNTON BEACH, FLORIDA
14
15
16 ~ayor
17
18
19 Vice Mayor
20
21
22 Commissioner
23
24
25 Commissioner
26
27 ATTEST:
28 Commissioner
29
30
31 City Clerk
32
Page 6
XII. - LEGAL
ITEM A.7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 April 5,2005
0 April 19, 2005
0 May 3,2005
0 May 17,2005
March 14,2005 (Noon.)
o June 7, 2005
o June 21, 2005
o July 5, 2005
!;gJ July 19,2005
May 16, 2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18, 2005 (Noon)
June 20, 2005 (Noon)
May 2,2005 (Noon)
July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
!;gJ Legal
o Unfinished Business
o Presentation
RECOMMENDATION: Adoption of Emergency Pay Ordinance on second reading with amendments addressing
exempt status employees' entitlement to emergency pay.
EXPLANATION:
This proposed Ordinance has been amended for second reading to reflect:
1. Clarifies Section 12-2 to explain that this Ordinance is for administrative purposes only and
does not supercede Charter, Code or state statute requirements for declaring local states of
emergency.
2. Eliminates the City Manager as an exempt status employee entitled to emergency pay.
3. Amends Section 12-6A(3) to clarify that exempt status employees earn additional
compensation only for hours worked during an emergency which are above their normal 40
hour work week.
PROGRAM IMPACT: Overrides conflicting provisions of Collective Bargaining Agreements, the Personnel
Policy Manual and Administrative procedures to establish a unified compensation formula for City employees during states of
emergency.
FISCAL IMPACT:
This policy will result in additional compensation being paid to City employees who are
required to work during a state of local emergency. The establishment ofa policy by
ordinance will enable the City to qualify for reimbursement from FEMA, although not all
of the City's expenditure for emergency compensation will be reimbursable.
ALTERNATIVES: Maintain the status quo which results in disparate levels of pay to employees during
,tates ofome'gency. ~~
Department Head's Signature City Manager's Signature
City Attorney
Department Name
\e-
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 2. ADMINISTRATION,
5 ADDING A NEW ARTICLE XIII "CIVIL EMERGENCIES-
6 EMPLOYEE COMPENSATION"; PROVIDING FOR
7 COMPENSATION TO CITY EMPLOYEES DURING
8 PERIODS OF CIVIL EMERGENCY; AND PROVIDING
9 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
10 AN EFF'ECTIVE DATE.
11
12 WHEREAS, the City Commission finds that the men and women employed by the
13 City hold a special duty to the residents, property owners, and business owners in the City
14 who, by payment of taxes contribute the wages and benefits received by City employees; and
15 WHEREAS, the residents, property owners, and business owners in the City have a
16 reasonable expectation that City employees will work to maintain basic City services before,
17 during and after periods of civil emergencies; and
18 WHEREAS, the declaration of a civil emergency constitutes exigent circumstances
19 that warrant temporary unilateral modification of the terms and conditions of City
20 employment, including, but not limited to hours of work, wages, conditions of employment
21 and other customary benefits; and
22 WHEREAS, the number and level of participation of City employees needed to
23 maintain City services during periods of civil emergency cannot be determined in advance, but
24 is dependent on the unique circumstances of each emergency; and
25 WHEREAS, the employees of the City have a reasonable expectation that their
26 compensation and benefits will be maintained during periods of emergency to the extent that it
1
S:\CA \Ordinances\Emergency Employee compensation 2nd read.doc&\G-,\ 'Drdinance[:'EmergcneyEmployee eompcnsation.doc
1 is fiscally responsible for the City to do so; and
2 WHEREAS, the City Manager as Chief Executive Officer of the City has the inherent
3 Charter authority to manage the City during periods of civic emergency and to make
4 operational decisions regarding the temporary release or retention of City employees before,
5 during and after those emergencies.
6 WHEREAS, the City Commission finds it is in the best interest of the citizens,
7 property owners, business owners, and employees of the City to establish basic guidelines for
8 assignment of City employees to the tasks necessary to provide the public with basic services
9 during periods of emergency and to provide for temporary adjustment to customary work
10 activity and compensation.
11 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
12 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
13 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
14 being true and correct findings of the City Commission and are hereby made a specific part of
15 this Ordinance upon adoption hereof.
16
Section 2.
Chapter 2 of the Code of Ordinances is amended to add a new Article
17 XII to read as follows:
18
19
20
21
Sec 12-1.
Purpose.
To establish levels of compensation for regular. part-time and seasonal
employees who are released from work or who are retained or called back to
perfonn City work during the threat or occurrence of a hurricane. severe
2
S:\CA\Ordinances\Emergency Employee compensation 2nd read.docS:'C\'.ofdinanees\Emergency Enljlk'yee eOffij'lensatiOluloe
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
storm, civil disaster, or other emergency conditions affecting the City Of
Bovnton Beach.
Sec 12-2.
Local State of Emergency.
The provisions of this Ordinance for a declaration of a local state of
emergency is for administrative purposes only and supplements the other
provisions of law, as set forth in City Charter, Code or state law, for the
declaration of emergencies. Accordingly, this Ordinance shall be construed to
supplement the provisions of the Charter, the Code and state law and in the
event of a conflict the provision of Charter, Code or state law shall prevail.
A local emergency shall be deemed to have commenced when the
City Manager (or an acting City Manager when the City Manager is not
available to act) files with the City Clerk a declaration that the City is in a
state of local emergency. The Declaration of Emergency shall reference this
Ordinance. Immediately following such declaration, the City Manager (or
Acting City Manager) will inform each City department and office in as timely
a manner as possible by written or electronic communication that a state of
civil emergency is in effect. The state of local civil emergency shall continue
in effect until rescinded in writing by the City Manager (or Acting City
Manager), filed with the City Clerk.
Sec. 12-3.
Authority and duration of Emergency Pay Policy coverage.
3
S:\CA\Ordinances\Emergencv Emplovee compensation 2nd read.docS:\C;\\Ordinaneec\Emergl'flcy Employee compeHSaliOIl.lloc
1
The provisions of this Emergency Pay Policy shall become effective
2
immediately following the declaration of a state of civil emergency by the City
3
Manager, and are considered from that point to take precedence over all other
4
Personnel Rules and Regulations, policies, ordinances and collective
5
bargaining agreements of the City of Boynton Beach in the matters of pay,
6
compensation and leave as hereinafter set forth. The provisions of this
7
Emergency Pay Policy shall apply for the entire time period during which the
8
declared state of civil emergency exists, as determined by the City Manager.
9
10
11
12
Sec 12-4.
Designation of employees for purposes of establishing pay and
compensation.
A.
In a manner to be determined by the City Manager or his/her
13
acting designee, all City employees (regardless of full-time, part-time.
14
seasonal, exempt or non-exempt status) will be classified into one of the
15
following three categories:
A = EssentialIMandatorv Personnel
The assistance of these employees is
considered essential to the City's
ability to function and provide public
services in the event of a civil
emergency.
4
S:\CA\Ordinances\Emergency Emoloyee comoensation 2nd read.docS:'.C'.\Ordinllfl6es\Eml'fgeney Erflployee 68H1flensatiOfl.doe
B = Essential Personnel
Depending on circumstances and
needs. the assistance of these
employees may be required in the
event of a civil emergency.
C = Non-Essential Personnel
The assistance of these employees is
normally not required during a civil
emergency event.
B.
Employees who
are classified
as
category "A"
2
3
4
5
6
7
8
9
10
11
12
(EssentiallMandatory Personnel) are expected to report for work at the
beginning of their assigned shift. work their entire shift. and be prepared to
work any overtime hours as may be required under emergency conditions.
c.
Category "An employees may also be required to report for
work on unscheduled days or hours. and should be prepared to perform tasks
outside their normal scope of duties. Category "An employees may be
required to remain at a designated facility during some portion of the
emergency event.
D. Employees who are classified as category "B" (Essential
Personnel) should be prepared to report for work. and should be prepared to
work any overtime hours if required to do so.
5
S:\CA\Ordinances\Emergencv Emplovee compensation 2nd read.doc8:\C'\ 'DrdinanceG\Emergl'flcy Emplo)ee cOffipeflsation.doc
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
E. Category "B" employees may also be required to report for
work on unscheduled days or hours, and should be prepared to perform tasks
outside their normal scope of duties. Category "B" employees may be
required to remain at a designated facility during some portion of the
emergency event.
F.
Employees who are classified as category "C" (Non-Essential
Personnel) may be released from their normal work duties and schedules as
circumstances dictate. subject to the following conditions:
1.
the employee is to remaIll III periodic contact with their
supervIsor or other designated representatives III accordance
with departmental procedures;
be available to respond to call back assignments as directed;
and
be prepared to work any overtime hours that may be required in
advance of or following an emergency event.
2.
3.
G.
The City of Boynton Beach retains the right to change at any
time an employee's designation (as either "A", "B" or "C"), based upon the
type of civil emergency that exists, and upon the level or stage of response that
is deemed appropriate by City management to address the civil emergency.
6
S:\CA\Ordinances\Emergency Emolovee comoensation 2nd read.docS:\C^.'.0rainaJIces\Emergoocy EIDflloyee eSIDflenSlltien.eoe
. i
1
2
3
4
5
6
7
8
9
10
11
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14
15
16
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20
21
Sec 12-5.
Duty to Work
An employee who is directed to report for work during a declared civil
emergency, and fails to do so, is subiect to being disciplined, up to and
including termination. In addition to any disciplinary action, the employee
shall forfeit any compensation payable under these policies, except
compensation for hours actually worked.
Sec 12-6.
A.
Employee compensation.
Any employee classified as either "A" (Essential/Mandatory) or
"B" (Essential), who is not exempt from the overtime provisions of the Fair
Labor Standards Act, will be compensated as follows during a period of local
emergency:
1. The employee will be paid their regular compensation of all hours they
are scheduled for work, but released from work.
Example: If an employee's is scheduled to work from 8:00
A.M. to 5:00 P.M., but is released from work at 3:00 P.M., the
employee will be paid as though the employee worked until
5:00 P.M., however, only those hours actually worked will be
counted for overtime purposes.
2. The employee will be compensated at a premium rate of double their
regular base rate of pay for all hours actually worked, including hours
which would otherwise qualify for overtime pay (time and one-half).
7
S:\CA \Ordinances\Emergency Emoloyee comoensation 2nd read.docS:'C:\ '.ordinances\Emergenc)' Employee COffij'lellsation.doc
1
Example:
If an employee who earns $10.00 an hour is
2
scheduled and required to work at 8:00 A.M. but a local
3
emergency was declared at 7:00 A.M., the employee shall be
4
Illiid $20.00 an hour for all hours actually worked until the local
5
emergency ends.
6
3. Any employee who is exempt from the overtime provisions of the Fair
7
Labor Standards Act, except the City Manager, will be compensated as
8
follows: the employee will be paid their regular weekly pay plus one
9
(1) hour of straight time for each hour of work over 40 hours 1 of work
10
provided each hour of additional pay corresponds to an hour worked
11
during the period of emergency.
12
Example: If a local state of emergency takes effect 8:00 a.m. on a Tuesday
13
and ends 8:00 a.m. on Wednesday and the exempt employee is required to
14
spend Tuesday night in the Emergency Operations Center (5 :00 p.m.
15
Tuesday to 8:00 a.m. Wednesday), the employee is entitled to 15 hours of
16
additional pay at straight time, provided they work the balance of their
17
ordinary work week (Monday through Friday).
18
Sec 12-7.
Standby and Call back pay
19
No employee is entitled to nor shall receive standby payor call back
20
pay during a period of local emergency.
1 It is presumed. solely for the sake of the calculation of emerqencv pav. that an exempt status
emplovee works an averaQe of 40 hours per work week.
8
S:\CA\Ordinances\Emergency Emolovee compensation 2nd read.doc8:'C\\OnliHlillees'.F.mergcney F.mplo)cc compensatien.doe
j'
Sec 12-8.
Record Keeping.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
All employees are responsible for keeping accurate time logs/records
for hours worked during a declared state of emergency. The submission of a
request for compensation for time worked when the employee did not actually
work during a period of local emergency is grounds for termination of
employment.
Sec 12-9.
Handling of leave requests during a declared emergency.
Leave requests approved prior to a declared emergency will be
honored if, in the opinion of the employee's department director, the
employee's absence will not adversely effect the City's ability to effectively
respond to the emergency. However, all employees are subiect to having
previously approved leave cancelled, and new requests for leave denied, based
upon an overriding organizational need to have the employee report for duty to
fulfill their lob assignments during an emergency. Any off-duty employee
who anticipates being unavailable to respond to a call back assignment
associated with an emergency has a responsibility to discuss their plans with
their department director and request to be relieved from call back
responsibilities for the anticipated duration of the emergency. The department
director will evaluate the employee's reasons for the request to be relieved of
possible call back responsibilities and notify the employee of hislher decision
as soon as possible. All employees who request sick leave immediately prior
9
S:\CA\Ordinances\Emergencv Emolovee compensation 2nd read.doc&\C'.\OrdiAances\Emergt'Ae)' Employee compeAsation.doc
1 to, during, or in recovery from a declared emergency may be required by the
2 department director to submit appropriate medical documentation to verify
3 their sick leave request.
/
4 Special Note: An employee who is on a previously approved leave that was not
5 revoked prior to the specified civil emergency time period is not eligible for
6 administrative leave with payor any other form of s{>ecial compensation that may be
7 made available under the provisions of this policy.
8
Sec 12-10
Holiday Pay.
9 If the declared emergency time period should encompass a holiday, an
10 employee is eligible to receive any applicable holiday pay they are due in addition to
11 any special compensation that is to be paid to under the conditions outlined in Section
12 5 above.
13
Sec 12-11.
Suspension of other compensation rules
14 During periods of declared local emergencies, the {>rovisions of this ordinance
15 supersede all other provisions for scheduling and compensation set forth in any other
16 local rule, regulation. ordinance or collective bargaining agreement.
17
Section 3.
All ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
19
Section 4.
Should any section or provision of this ordinance or any portion thereof
20 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
21 the remainder ofthis ordinance.
10
S:\CA\Ordinances\Emergencv Emolovee compensation 2nd read.docS:\C:\'Onlirllmees\Emergency EmplBj8e cOffiJltmSlltioH.doc
1
Section 5.
Authority is hereby given to codify this Ordinance.
2
Section 6.
This ordinance shall become effective immediately upon passage.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
FIRST READING this _ day of July, 2005.
SECOND, FINAL READING AND PASSAGE this _ day of
,2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
11
S:\CA \Ordinances\Emergency Employee compensation 2nd read.docS:\c.\'OnliflaRces'EmergeAcy ErHfl]oyee eompeAsalion.doc
XII. - LEGAL
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 April 5,2005
0 April 19, 2005
0 May 3, 2005
0 May 17,2005
March 14,2005 (Noon.)
o June 7, 2005
o June21,2005
o July 5, 2005
[8J July] 9,2005
April 4, 2005 (Noon)
April 18, 2005 (Noon)
May 2, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
May 16, 2005 (Noon)
June 6, 2005 (Noon) Cj
c:~) 'j --i
June 20, 2005 (Noon) ,~-;' , .,~ ."..
.-~ .....-,
_...- --
c::
July 5, 2005 (Noon) i- co
I ':~J
(J'\ -.
--0 . ,
0 Development Plans '/; --1
--:7 (:::J
.~x
0 New Business I";.? '"
-r,~
[8J Legal C) ;~J>
(""')
0 UnfInished Business ....-
--'-
0 Presentation
RECOMMENDATION: Please place this request on the July 19,2005 City Commission Agenda under Legal,
Ordinance _ First Reading. The City Commission tabled the subject request at their July 5,2005 meeting. For further details
pertaining to the request, see attached Department of Development Memorandum No. PZ 05-046.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Urban Commercial Districts (CDRV 05-004)
City StaffInitiated
Community Redevelopment Agency Area
Request to amend the Land Development Regulations (LDR), Chapter 2, Zoning, Section
6 and Section 8.5, to create an overlay district to reduce the front, side interior, and side
comer yard building setbacks for parcels currently zoned OffIce and Professional District
(C-l), Neighborhood Commercial District (C-2), Community Commercial District (C-3),
and General Commercial District (C-4), located within targeted areas of the CRA.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
l;;;.~ Unrreew City Attorney I 'manee I Hmmn Re,omce,
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-004 Urban Commercial Overlay\Agenda item Request Urban Commercial Dist. Overlay
CDRV 05-004 7-19-05 1st reading_dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-046
TO:
Chair and Members
Community Redevelopment Agency Board
Eric Lee Johnson, AICP ~
Planner V
Michael W. Rumpf
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
March 30, 2005
SUBJECT:
Urban Commercial District Overlay (CDRV 05-004)
NATURE OF REOUEST
Staff has been requested to consider this proposed amendment to the Land Development
Regulations to reduce the building setbacks for properties within conventional commercial zoning
districts in targeted areas of the city. The Intent Is to allow flexibility In site design by requiring a
"build-to" line with regards to the required front, side, and side corner building setbacks. This
will help to serve as a catalyst for redevelopment efforts on smail-sized parcels that have not or
most likely would not be assembled as part of a large mixed-use project and maximize
consistency with adjacent or nearby projects that are developed under the mixed-use zoning
district.
BACKGROUND
As per the Federal Highway Corridor Community Redevelopment Plan, the City adopted the
Mixed Use-Low (MU-L) and Mixed Use-High (MU-H) zoning districts on June 18, 2002. However,
after 18 months of working with these regulations, staff detennlned that minor amendments
were warranted to bring the regulations Into closer confonnance with the Intent of the Plan. The
updates were made, in part, to protect neighborhoods of single-family homes that are or would
be adjacent to potential mixed use districts. The mixed use regulations are and could be applied
to those properties designated with Mixed Use (MX) and Mixed Use-Core (MXC) land use
classifications (as shown on the City's Future Land Use Map of the Comprehensive Plan).
Also In June 2002, the city created the Inflll Planned Unit Development (IPUD) zoning district.
The IPUD zoning district regulations were updated In 2004 to provide more direction to
developers regarding compatibility with existing development, while still omitting exactfng
standards. These districts were designed, In part, to encourage higher densities and Intensities,
to help redevelop the older portion of the city while simultaneously creating an urban sense of
place. It should be noted that reduced building setbacks Is a common element Intrinsic to all the
aforementioned districts. The problem wIth current conventional commercial zoning dlstrfct
regulations Is that portions of a site may be developed for residential uses; however, the
regulations do not encourage a true Integration of commercial and residential uses, and basically
perpetuate the suburban "strip centers" that offer little or no connectivity, allow parking lots to
fa
Page 2
CORY 05-004
Urban Commercial District Overlay
separate the project from the adjacent roadways, and do not yield large projects with unified
designs.
ANALYSIS
This report analyzes the required building setbacks of the CIty's conventional commercial zoning
districts: OffIce Professional (C-l), Neighborhood Commercial (C-2), Community Commercial (C-
3), and General Commercial (C-4). According to the statements contained within the proposed
Urban Design Guidelines, the current Land Development Regulations for the CIty's commercial
districts encourage suburban-oriented development to occur. The commercial regulations
require large front setbacks, low dens!ty, height limitations, and separation of uses. This type of
zoning prohibits higher density development or mixed-use developments, which are appropriate
In the portions of the Community Redevelopment Agency (CRA) area for redevelopment
purposes. The outcome has prevented the City from experiencing the needed economic growth
that other cities have experienced. In response to this type of development, the city created the
mixed-use zoning districts, namely Mixed Use-High (MU-H) and Mixed Use-Low (MU-L) and staff
Is currently reviewing the possibility of creating additional mixed-use zoning regulations. In any
case, the current regulations regarding the mixed use districts are very explicit In Its Intent; to
encourage quality development, redevelopment, and urban Infill In the City's older and blighted
downtown and outlying areas. These regulations are very effective In cases when Individual lots
have been, assembled or amassed as part of a large conglomeration for large-scale mixed-use
developments. The new regulations appropriately steer the desired type of growth pattern.
However, the problem occurs when commercially-zoned parcels, which are not a component of a
mixed-use development, are too small and lor too Isolated to be eligible for mixed-use zoning.
Under the current regulations, the subsequent build-out of these types of lots would be bound to
suburban zoning standards, resulting In a growth pattern Inconsistent with the newer, mixed-use
developments advocated throughout the Oty's downtown and outlying areas. This Inconsistency
could hinder the Oty's effectfveness In managing the urban design for future development.
Suburban standards In urban areas undermine staff leverage when negotiating with developers
on Issues such as creating pedestrian-friendly corridors, concealing off-street parking areas, and
regulating automotive-oriented uses. A solution would be to create an overlay district for
commercial areas, which would complement the City's endeavor In promoting progressive and
exemplary urban design (see exhibit "8j. If the proposed guidelines were approved, developers
would then be bound to the building setbacks of the newly created Overlay DIstrict for properties
of those targeted commercial areas. While the proposed code amendment does nothing to
Increase the Intensity, height, or mixing of land uses In a given zoning district, It would help to
harmonize the placement of buildings and address some of the Inconsistencies betw~en urban
and suburban regulations. Furthermore, It Is staff's opinion that the new Overlay DIstrict would
not discourage property owners from assembling lots and rezoning to mixed-use districts and
neither would the Overlay District perpetuate an undesirable growth pattern.
RECOMMENDADON
Staff recommends approval of the creation of the proposed Urban Commercial DIstrict Overlay.
Any deletions or additions recommended by the Community Redevelopment Agency Board or
Oty Commission would be ultimately reflected In the final ordinance.
S:\Plannlng\SHARED\WP\SPECPROJ\COOE REVIEW\CORV 05-004 Urban COmmercial Over1ay\Staff Report.doc
Exhibit 'A' - Urban Commercial District Overlay Map
.
o 1,250 2,500
~
5,000
7,500
I
10,000
· Feet
.+.
EXHIBIT "B" - PROPOSED CODE AMENDMENTS
'>00. 8.5.
Overlay zones.
A. MARTIN LUTHER KING BOULEVARD
OVERLAY ZONE.
1. General. With the completion of the Vision
20/20 Redevelopment Plan, the City identified a segment of
the Martin Luther King Boulevard as an area in need of
redevelopment and revitalization. This section is created to
implement the development and design recommendations
in the Redevelopment Plan intended to create a traditional
street corridor with pedestrian improvements, storefronts
along the sidewalk, and a mixture of uses. The corridor is
~o contain an ambience supported by pleasant signage and
building appearance, potted landscaping, store windows
and public open spaces. All development within the Martin
Luther King Boulevard corridor shall occur according to
the provisions of the adopted plan as stated below.
2. Defined. The Martin Luther King Boulevard
Overlay Zone is hereby established as the area defined by
the parcels fronting on that portion of the Boulevard
located east of Seacrest Boulevard and west of Federal
ghway right-of-way, along with those parcels adjacentto
ltle north and south of these parcels that front on the
Boulevard if assembled and development as a unified
project.
3. Permitted uses. As currently defined in
Chapter 2(5)(G) and Chapter 2(6)(B).
4. Prohibited uses. Reserved
5. Development standards.
a. Parcels that have frontage along
Martin Luther King Boulevard shall have a minimum front
setback of 3 feet and a maximum front setback of 12 feet.
b. Minimum side setback from
interior lot lines shall be 5 feet, and a minimum of 3 feet
and a maximum of 12 feet from comer lot lines.
c. Maximum building height shall be
30 feet and subject to other provisions of Chapter 2( 4)(F).
d. Lot regulations stated within
apters 2(5)(0) and 2(6)(B) except where superseded by
the regulations stated herein.
6. Signs. Reserved
7. Design Standards. Reserved
8. Landscaping. Reserved
9. Parking.
a. Parking space requirements shall
be calculated in accordance with Section I1.H.16 of these
zoning requirements, and shall be reduced by fifty percent
(50%);
b. Required parking spaces shall be
owned or leased within one thousand (1,000) feet of the
building to be served.
(1) The distance requirements
shall be a straight line measurement from a point on the
boundary line of the property that is the subject of the
application to the closest boundary line of the property on
which the leased parking is located.
(2) The property that is the subject
of the application shall be posted with signage indicating to
patrons the location of the off-site parking.
c. Lease arrangements to provide
required parking spaces shall be subject to approval by the
Community Redevelopment Agency.
(Ord. No. 00-30, ~ 1,6-20-00; Ord. No. 02-014, ~ 1,4-16-
02)
B. URBAN COMMERCIAL DISTRICT OVERLAY
ZONE.
1. Intent and pwpose. The purpose of this zone
is to encourage the development and redevelopment of
commercially-zoned parcels in a manner consistent with the
pattern of develonment of parcels with Mixed-Use zoning
classifications. In addition. any parcels subsequentlv
annexed into the City of Bovnton Beach within the
boundaries of the Community Redevelopment Agency area
with commercial zoning may also utilize these setback
reductions.
2. The objectives of this overlay zone are as
follows:
a. Support and enhance revitalization
efforts in the city's traditional commercial area:
b. Allow flexibility in the site design
in order to create a more urban environment by
discouraging the olacement of off-street Darkin2 between
the front of the building(s) and the rights-of-way. Create
Qptimal -pedestrian environments through aopropriate
seoaration from. and desi~ of vehicular circulation areas:
c. Allow flexibility in architectural
desim and building bulk: while maximizin~ compatibility
and harmony with adjoining development within the
Defined area.
3. Defined area The Urban Commercial District
Overlay Zone is established as the geographical area as
defined by the boundaries of the following city
RedeveloDment Plans:
a. Federal Hil!hway Corridor
Community Redevelopment Plan. The boundary is
2enerally described as the city limits to the north. the
Intracoastal Waterway to the east. the municipal boundary
to the south. and the Florida East Coast Railroad (F.E.C.)
and Palm Boulevard (Northeast 4th StreetHo the west. The
lent description is more l'articularlv described in Exhibit
1.1. Appendix of the Federal Highwav Corridor
Community Redevelopment Plan.
b. The Ocean District Community
Redevelopment Plan. The boundary is generally described
as Northeast 3rd A venue to the north. Seacrest Boulevard
to the west. F.E.C. Railroad to the east. and Southeast 2nd
Avenue to the south.
c. Bovnton Beach Boulevard
Corridor Plan. The boundary is generally described as the
commercially-zoned parcels located along Boynton Beach
Boulevard. east of Interstate 95. and west of Seacrest
Boulevard. The area is more particularlv defined on the
Location Map on oage 2 of the Boynton Beach Boulevard
Corridor Plan.
4. Develol'ment Standards.
a.
setback requirements:
Parcels shall have the following
Front yard
Side (interior) yard
Side (comer) yard
Rear yard
five (5) feet to fifteen (l5~ feet
zero (0) feet to fifteen (15 feet
ten (J 0) feet to fifteen (J 5) feet
shall be defined by the applicable
zoning district regulations:
b. Maximum bui1dinr height shall be
defined by the aq>licable zoninr district re~tions:
c. Maximum lot coverage for
buildin2(s) shall be 40 percent:
d. Foundation landscaping and trees
are recommended to be installed within the reduced
building setback areas. between the building(s) and
property liner s). particularlv. where adjacent or visible from
public and I or private rilzhts-of-way.
C-I OFFICE AND PROFESSIONAL COMMERCIAL
DISTRICT. C-3
3. Building and site regulations. No building
or portion thereof shall be erected, constructed, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
(building)
Minimum front yard
Minimum rear yard
Minimum side yards
Maximum structure height
75 feet
120 feet
9,000 square feet
40 percent
30 feeti
20 feet
10 feet*l
30 feet, not to exceed 2
stories..
lparcels located within the Urban Commercial District
Overlay Zone are subiect to the required buildine: setbacks
pursuantto Chanter 2. Section 8.5.B.3.
*When abutting residential district, side and/or rear yards
shall be thirty (30) feet.
__-2 NEIGHBORHOOD COMMERCIAL DISTRICT.
3. Building and site regulations. No building
or portion thereof shall be erected, constructed, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot depth
. Minimum lot area
Maximum lot coverage
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(comer lots)
Minimum rear yard
Maximum structure height
50 feet
100 feet
5,000 square feet
40 percent
30 feet
15 feet.1
20 feet on side streeti
20 feet.
25 feet, not to exceed 2
stories
Iparcels located within the Urban Commercial District
Overlay Zone are subject to the required building setbacks
"..rsuant to ~pter 2. Section 8.5.B.3.
len abutting residential districts, side and/or rear yards
soall be thirty (30) feet.
C-3 COMMUNITY COMMERCIAL DISTRICT
3. Building and site regulations. No building or
portion thereof shall be erected, constructed, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot area
Maximum lot coverage
(building)
Minimum front yard
Minimum side yard
75 feet
15,000 feet
40 percent
20 feeti
None! (see Notes
(interior lots) a and b)
15 feet street side!
(see Note b)
20 feet (see Notes b and c)
45 feet, not to exceed 4
stories
lparcels located within the Urban Commercial District
Overlay Zone are subject to the reauired buildine: setbacks
pursuant to Chapter 2. Section 8.5.B.3.
Minimum side yard
(comer lots)
Minimum rear yard
Maximum structure height
a. Where rear access is not available from a
public street or alley, a side yard of not less than fifteen
(15) feet shall be provided on one side.
C-4 GENERAL COMMERCIAL DISTRICT.
3. Building and site regulations. No building
or portions hereof shall be erected, con-structed, converted,
established, altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(comer lots)
50 feet
100 feet
5,000 square feet
40 percent
25 feet!
15 feet one side4cl
15 feet on street
side *1
20 feet*
45 feet not to exceed 4
Minimum rear yard
Maximum structure height
stories
lparcels located within the Urban Commercial District
Overlav Zone are subiect to the required buildine: setbacks
Dursuant to ~ 2. Section 8.S.B.3.
*Whcn abutting residential districts, side and/or rear yards
shall be thirty (30) feet.
1 ORDINANCE NO. 0 05-
2
3
4 AN ORDINANCE OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA
6 AMENDING LAND DEVELOPMENT
7 REGULATIONS, CHAPTER 2, ZONING, SECTION 6
8 AND SECTION 8.5, BY CREATING A NEW
9 SECTION 8.5 B ENTITLED "URBAN
10 COMMERCIAL DISTRICT OVERLAY ZONE";
11 PROVIDING FOR CONFLICTS, SEVERABILITY,
12 CODIFICATION AND AN EFFECTIVE DATE.
13
14
15
16 WHEREAS, upon recommendation of staff, the City Commission has determined
17 that the establishment of the Urban Commercial District Overlay Zone and corresponding
18 setback regulations would complement the City's endeavor in promoting progressive and
19 exemplary urban design; and
20 '''HEREAS, the proposed code amendment would help to harmonize the
21 placement of buildings and address some of the inconsistencies between urban and
22 suburban regulations.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing whereas clauses are true and correct and are now
26 ratified and confinued by the City Commission.
27 Chapter 2, Zoning, is hereby amended by adding the words and figures III
28 underlined type, as follows:
29
Sec. 8.5
Overlay Zones
30
31
32
B.
URBAN COMMERCIAL DISTRICT OVERLAY ZONE.
1. Intent and purpose. The purpose of this zone is to encourage the
S:ICAIOrdinances\LDR ChangeslUrban Commercial Overlay 071305.doc
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development and redevelopment of commercially-zoned parcels in
a manner consistent with the pattern of development of parcels with
Mixed-Use zoning classifications.
2.
The obiectives of this overlay zone are as follows:
a. Support and enhance revitalization efforts along the
City's commercial corridors within the
redevelopment areas.
b. Improve aesthetic and pedestrian streetscape
environments by preventing the placement of off-
street parking between the front of the building( s)
and the rights-of-way.
c. Allow flexibility in architectural design and building
bulk; while maximizing compatibility and harmony
with adioining development within the Defined area.
3.
Defined area. The Urban Commercial District Overlay Zone is
established in the city redevelopment plans as the geographical area
defined by the following boundaries:
a. Federal Highway Corridor Community
Redevelopment Plan. The boundary is the City
limits to the north. the Intracoastal Waterway to the
east. the City boundary to the south. and the Florida
East Coast Railroad (F.E.C.) and Palm Boulevard
(Northeast 4th Street) to the west. The legal
description is more particularly described in Exhibit
1.1. Appendix of the Federal Highway Corridor
Community Redevelopment Plan.
b. The Ocean District Community Redevelopment
Plan. The boundary is Northeast 3rd A venue to the
north. Seacrest Boulevard to the west. F.E.C.
Railroad to the east. and Southeast 2nd A venue to
the south.
c. Bovnton Beach Boulevard Corridor Plan. The
boundary is the commercially-zoned parcels located
along west Bovnton Beach Boulevard. east of
Interstate 95. and west of Seacrest Boulevard.
S:\CA\Ordinances\LDR Changes\lJrban Commercial Overlay 071305.doc
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4. Development Standards.
a. Parcels shall have the following setback
requirements:
Front yard
Side (interior) yard
Side (comer) yard
Rear yard
five (5) feet to fifteen (15) feet
zero (0) feet to fifteen (15) feet
ten (10) feet to fifteen (15) feet
shall be defined by the applicable
zoning district regulations;
b. Maximum building height shall be defined by the
applicable zoning district regulations;
c. Maximum lot coverage for bui1ding(s) shall be 40
percent;
5. Landscape Requirements
Foundation landscaping and trees shall be installed
within the reduced building setback areas. between
the bui1ding( s) and property 1ine( s). particularly.
where adiacent or visible from public and/or private
rights-of-way.
Section 3.
Should any section or provision of this Ordinance or any portion
28
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
29
not affect the remainder of this Ordinance.
30
Section 4.
Section 5.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
31
32
FlRST READING this _ day of July, 2005.
33
S:\CA \Ordinances\LDR Changes\Urban Commercial Overlay 071305.doc
SECOND, FINAL READING AND PASSAGE this
day of August, 2005.
2
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18 ATTEST:
19
20
21 City Clerk
22
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\LDR Changes\Urban Commercial Overlay 071305.doc
..../.~...............")..,
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G.
XII. - LEGAL
ITEM 8.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
c)
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
..
0 .'
0 April 19, 2005 April 4, 2005 (Noon) June 21, 2005 June 6, 2005 (Noon) '''I
J
0 '0 -
0 May 3, 2005 April 18, 2005 (Noon) July 5, 2005 June 20, 2005 (Noon)
--f
0 May 17,2005 May 2, 2005 (Noon) ~ July 19,2005 July 5, 2005 (Noon) .
i~.-_. ,-
".1
cq .'1
W :.';>0
0 Administrative 0 Development Plans '<---::
0 Consent Agenda 0 New Business
NATURE OF ~ Legal - Ordinance 151 Reading
AGENDA ITEM (Reso. #05-_ will be enacted at
0 Public Hearing 2nd Reading ofOrd. #05--.J
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: For the City Commission to adopt Ordinance # 05-_ approving the Franchise Agreement with
Adelphia Communications Corp. and approve Resolution # 05-_ to consent to assignment and change of control.
(Resolution # 05-_ will be enacted at the 2nd Reading of Ordinance # 05-~.
EXPLANATION:
Adelphia desires to replace and supersede the current franchise to construct, install, maintain, and operate a cable system in
the city. A 13-year franchise agreement with Adelphia/Comcast would include PEG Channels & I-net services to various city
locations for fiber connectivity. The agreement will provide franchise agreement governing all of franchisee's cable television
system operating in the City. The agreement will leverage the digital network of Adelphia that will benefit the community, the
city and Adelphia. The PEG channel will be a venue for sharing vital information to our citizens such as Commission
meetings, promote city sponsored events, announcements, public meetings, crime prevention tips and other government
programs. In order to upgrade and acquire the required audio/video equipment needed for this broadcast; Adelphia is
providing financial assistance to obtain video playback and recording machines, stationary and portable video equipment,
cameras, lighting and microphones. The I-Net Agreement, also known as the Dedicated Capacity Agreement, will create an
institutional network enabling the telecommunication services to allow the City to use up to I Gig of fiber to City facilities,
providing both voice and data connections. The locations of City facilities are listed in Exhibit A-I of the franchise
agreement.
PROGRAM IMPACT:
o Approving Ordinance # 05-_ will approve the Franchise Agreement between the City of Boynton Beach and
Adelphia Communications Corp.
o Approving Resolution # 05-_ will bring together the outstanding franchise agreements under one, 13-year
Adelphia franchise agreement and also transfers franchise authority from Adelphia to Comcast. Exhibit A ofthe
franchise agreement is the Dedicated Capacity Agreement (PEG).
FISCAL IMP ACT:
An initial access capital grant of $200,000 will be made by Adelphia/Comcast to acquire equipment and devices necessary for
the operation of the PEG channel and other capital investment for the fiber network. In addition, Adelphia shall pay the city
for PEG channel and other fiber network requirements, the amount of Seventy Thousand Dollars ($70,000) per year for the
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
duration of the ] 3-year franchise agreement. The $70,000 will be used to offset yearly operating expenses associated with the
PEG channel and fiber networks.
AL TERN A TIVES: FCC regulations inhibit the city's ability to deny the transfer request
Department Name
~ -
,C
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
ORDINANCE NO. 05-
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA; APPROVING THE FRANCHISE
5 AGREEMENT WITH ADELPHIA COMMUNICATIONS CORP. TO
6 UTILIZE THE CITY'S PUBLIC WAYS TO PROVIDE CABLE
7 SERVICE OVER THE CABLE SYSTEM; PROVIDING FOR
8 CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
9 AN EFFECTIVE DATE.
10
11 WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City
12 Commission") has determined it is in the public interest of the City of Boynton Beach
13 ("City") to approve the Cable Television Franchise Agreement with Adelphia
14 Communications Corp.
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
16 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
17
Section 1.
The foregoing WHEREAS clause is hereby adopted and incorporated
18 herein as if fully set forth in this Section.
19
The Franchise Agreement with Adelphia Communications Corp. IS
Section 2.
20 hereby approved, a copy of which is attached hereto as Exhibit "A" and made a part hereof.
21
The proper City Officials of the City of Boynton Beach are hereby
Section 3.
22 authorized and directed to execute said Agreement in written form and any other related
23 documents.
24
Conflicts.
That all ordinances or parts of ordinances and all
Section 4.
25 resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent
26 of such conflict.
1
S:\CA\Ordinances\Cable Ordinance approving the agreement.doc
1
Section 5.
Severability. The provIsIOns of this Ordinance are declared to be
2 severable. If any section, sentence, clause or phrase of this Ordinance shall for any reason be
3 held to be invalid or unconstitutional, such decision shall not affect the validity of the
4 remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in
5 effect, it being the legislative intent that this Ordinance shall stand notwithstanding the
6 invalidity of any part.
7
Section 6.
Effective Date. This Ordinance shall be effective upon adoption on the
8 second reading.
9 FIRST READING this _ day of ,2005.
10 SECOND, FINAL READING AND PASSAGE this _ day of ,2005.
11 CITY OF BOYNTON BEACH, FLORIDA
12
13
14 Mayor
15
16
17 Vice Mayor
18
19
20 Commissioner
21
22
23 Commissioner
24
25
26 Commissioner
27 ATTEST:
28
29
30 City Clerk
31
2
S:\CA\Ordinances\CabJe Ordinance approving the agreement.doc
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Agreement") is made this _ day of August,
2005, by and between the CITY OF BOYNTON BEACH (the "City") and Adelphia Cable
Partners, LP, Adelphia Cablevision of West Palm Beach N, LLC, Leadership Acquisition, LP
and National Cable Acquisition Associates, LP, subsidiaries of Adelphia Communications
Corp. ("Adelphia" or "Franchisee");
WHEREAS, pursuant to the Cable Communications Policy Act of 1984, as amended, 47
V.S.C. 9521 ("Communications Act"), the City may grant or renew a Franchise to construct,
operate and maintain a Cable Television System; and
WHEREAS, the City is authorized to regulate the construction, installation, operation
and maintenance of Cable Television Systems pursuant to federal, state and local law; and
WHEREAS, on June 20, 2000, the Commission adopted Ordinance No. 00-31 entitled
"Cable Systems and Open Video Systems" to update the terms and conditions for the operation
of Cable Systems and the application, procedures and requirements relating to the grant of
Franchises for the construction, installation, operation and maintenance of Cable Systems'
equipment and facilities in the City's public rights-of-way (the "Ordinance"); and
WHEREAS, the franchise agreements held by Adelphia Cable Partners, LP and National
Cable Acquisition Associates, LP are expired, the franchise agreement held by Adelphia Cablevision
of West Palm Beach N, LLC expires on July 18, 2008, and the franchise agreement held by
Leadership Acquisition, LP expires on January 2, 2009 (collectively "Current Franchises"); and
WHEREAS, the City and Franchisee desire to enter into a single franchise agreement
governing all of Franchisee's cable television system operating in the City; and
WHEREAS, Adelphia desires to replace and supersede the Current Franchises to
construct, install, maintain, and operate a Cable System in the City and has applied to the City to
replace such Current Franchises, so that upon its effective date this Franchise shall govern all of
Franchisee's cable system operations in the City and the Current Franchises shall have no further
force or effect; and
WHEREAS, the construction, installation, maintenance, and operation of such a Cable
System involves the use and occupation of the Streets of the City, over which the City exercises
governmental control; and
WHEREAS, the Commission has evaluated Adelphia's application in light of the
requirements of federal and state law and the Ordinance; and
WHEREAS, the Commission has considered all information presented to it by Adelphia,
the City staff, the City's consultants, and the public; and
WHEREAS, based on said information, the Commission has determined that a renewal
of Adelphia's nonexclusive Franchise to construct, install, maintain and operate a Cable System
in the City, subject to the terms and conditions set forth herein and in the Ordinance, is consistent
with the public interest; and
WHEREAS, the City and Adelphia have reached agreement on the terms and conditions
of such a Franchise Agreement.
NOW, THEREFORE, in consideration of the City's renewal of Adelphia's Franchise to
own, construct, install, maintain and operate a Cable System within the City, and to use and
occupy the Streets of the City for that purpose, and in consideration of Adelphia's promise to
2
provide Cable Service to residents ofthe City pursuant to the Ordinance and under the terms and
conditions set forth herein, and in consideration of the promises and undertakings herein, and
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the Franchise is hereby granted and
THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS:
Section 1.
Definitions.
{tc \12 "Section I.Definitions. } Except as otherwise provided specifically herein, the
definitions in Chapter 5 of the City Code shall govern this Agreement. In addition, the following
definitions shall apply:
A. "Commercially Feasible" shall mean that level oftechnical performance,
equipment, components and cable services (without reference to the content of the cable service)
which has been developed and demonstrated to be generally accepted and used in the cable
industry, excluding (1) "tests" involving new products offered for one year or less, or (2)
products that the Franchisee can demonstrate would not provide a rate of return comparable to
other markets where such products are offered. Nothing herein shall be construed to require a
Franchisee to employ any specific transmission technology or to carry any particular
. .
programmmg servIces.
B. "Effective Date" shall mean the date upon which this Agreement commences, as
provided in Section 3 hereof.
C. "Franchisee" or "Adelphia" shall mean the legal entities that are signatories to this
Franchise Agreement ("Adelphia"), and their lawful and permitted successors, assigns and
transferees pursuant to Sections 32 and 33 of this Agreement and the Ordinance.
3
D. "Franchise Area" shall mean the entire territory within the corporate limits of the
City and as those limits may change from time to time through annexation or contraction during
the term of this Agreement.
E. "Ordinance" shall mean Chapter 5 of the Code of the City of Boynton Beach,
Florida, as such existed on the Effective Date of this Agreement.
Section 2.
Grant of Franchise.
Subject to the terms of this Agreement and the Ordinance, the City hereby grants
Franchisee a Franchise for the non-exclusive right and privilege to own, construct, install,
maintain and operate a Cable System within the Franchise Area.
Section 3. Term of Agreement.
A. The Agreement shall commence upon the date that the Ordinance approving this
Agreement is adopted by the City Commission (the "Effective Date"), provided that the
Franchisee has provided to the City within ten (10) days of the Effective Date the written
acceptance required by Section 40 herein, the proof of insurance required by Section 8 herein,
and any and all payments due as of the Effective Date pursuant to this Agreement and the
Ordinance. Franchisee shall provide to the City the security fund as required in Section 10 herein
within fifteen (15) days following such adoption. Failure to provide the written acceptance, the
proof of insurance, the security fund and the payments as required herein may result in a denial or
delay of the grant.
B. This Agreement shall be for a period of thirteen (13) years commencing from the
Effective Date and shall terminate on August 1,2013, unless othervvise sooner terminated or
othervvise extended in accordance with the terms of this Agreement and the Ordinance.
4
Section 4.
Non-Exclusive Franchise.
{tc \12 "Section 5. Non_Exclusive License. }The Franchisee's right to use and occupy the
Streets and rights-of-way shall be non-exclusive pursuant to Section 5-7 ofthe Ordinance. The
City reserves the right to grant a similar or other use of said Streets, or any portions thereof, to
any person, including the City, at any time during the term of this Agreement consistent with
Florida Statute 166.046 as in effect on the date hereof.
Section 5.
Agreement Subject to Communications Act, State Law and City
Code.
A. This Agreement is subject to and shall be governed by all terms, conditions and
provisions of the Communications Act, any amendments thereto, and any other applicable
provision of federal, state or local law of general applicability, existing or hereafter adopted.
B. This Agreement is subject to and shall be governed by all terms, conditions and
provisions of the Ordinance, as it existed on the Effective Date of this Agreement.
C. Franchisee hereby accepts all terms and conditions ofthe Ordinance as they exist
on the Effective Date of this Agreement.
D. In the event of a conflict between this Agreement and the Ordinance, this
Agreement shall control as provided herein.
Section 6.
Franchisee Subject to Other Laws, Police Power.
A. Franchisee is subject to and agrees to comply with all generally applicable local,
City, state and federal laws, ordinances, rules, regulations and orders, existing or hereafter
lawfully adopted. The City and the Franchisee agree to comply with all applicable Florida
Statutes.
5
B. The Franchisee shall at all times be subject to all lawful exercise of the police
power ofthe City, and this Agreement is not intended to limit or expand the City's exercise of
such power in any way.
C. The parties expressly acknowledge that the Franchisee's obligations under this
Agreement may not be unilaterally altered, whether by resolution, proclamation, or amendment
of the Ordinance unless otherwise stated herein or expressly permitted by applicable federal or
state law.
Section 7. Reservation of Rights.
A. The Franchisee is subject to and agrees to comply with all applicable federal, state
and 10ca11aw of general applicability subject to Section 6( c) above.
B. The City reserves the right to acquire, purchase, own and/or operate a Cable
System to the extent permitted by applicable state and federa11aw.
Section 8.
Insurance.
A. Each Franchisee shall obtain and maintain insurance of the types and minimum
amounts required in Section 5-10(2) of the Ordinance in such a manner as to comply with each
and every requirement of that section, provided that on a combined basis the total insurance
obligations of all Franchisees does not exceed the minimum requirements for a single Franchisee.
B. The Franchisee shall provide proofto the City of compliance with this section as
of the effective date of this Franchise, or as otherwise agreed to in writing by the City Manager or
his designee. Should Franchisee fail to provide the City with proof of insurance as required
herein, Franchisee shall be subject to fines and other enforcement remedies, including but not
limited to revocation pursuant to the procedures set forth in Section 380fthis Agreement.
6
C. In the event of any request for modifications or transfers of the Franchise,
Franchisee shall provide proof to the City of compliance with this Section no later than thirty
days (30) after the effective date the relevant transaction is completed. Should Franchisee fail to
provide the City with proof of insurance as required in this Subsection (C), Franchisee shall be
subject to fines and other remedies, including a resolution denying the transaction or revoking
any prior conditional approval requested by the Franchisee, pursuant to Section 5-24 of the
Ordinance. D. All certificates of insurance shall be filed and maintained with the City Manager.
The certificates of insurance filed pursuant to this subsection must contain a statement that the
City shall receive at least thirty (30) days advance written notice of any cancellation of insurance.
Section 9.
Indemnification of the City.
A Franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the
City, its officials, boards, commissions, commissioners, agents, and employees, against any and all
claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and
expenses arising out of the willful or negligent acts or omissions of the Franchisee or its officers,
agents, employees or contractors relating to construction, maintenance or operation of its Cable
System, and the conduct of Franchisee's business in the City; provided, however, that Franchisee's
obligation hereunder shall not extend to any claims caused by the willful misconduct or negligence
of the City, its officials, boards, commissioners, agents or employees, or to claims arising from
Franchisee's provision of Access Channels for public, educational and/or governmental use pursuant
to a Franchise granted hereunder, to the extent such claims relate to programming and content on
such channels, over which Franchisee has no editorial control nor exercises administrative control.
7
This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in
defending against any such claim, suit or proceedings, and claims arising out of copyright
infringement or a failure by the Franchisee to secure consents from the owners, authorized
distributors, or providers of programs to be delivered by the Cable System, claims arising out of
Section 638 of the Communications Act, 47 U.S.c. 558, and claims against the Franchisee for
invasion of the right of privacy, defamation of any Person, firm or corporation, or the violation or
infringement of any copyright, trade mark, trade name, service mark or patent, or of any other right
of any Person, firm or corporation. If any such claim arises, the Franchisee shall have the obligation
and duty to defend the City and any other indemnified party hereunder; provided, however,
Franchisee may not agree to any settlement of claims affecting the City without the City Attorney's
approval. If the City Attorney finds that separate representation to fully protect the interests of the
City is necessary, Franchisee shall consult with the City Attorney on counsel that is acceptable to the
City Attorney. If Franchi see is unwilling or unable to select counsel acceptable to the City Attorney,
whose acceptance shall only be withheld for good cause shown, Franchisee shall pay all actual and
reasonable expenses incurred by the City in defending itself with regard to any action, suit or
proceeding subject to this indemnification. The City's expenses shall include all out of pocket
expenses, attorney's fees and costs of the City attorney or assistants, or any City employees, outside
attorneys or other agents. Notwithstanding the foregoing, Franchisee shall not be required to
indemnify the City pursuant to this Ordinance or a Franchise Agreement for actions relating to
public, government and education access programming decisions outside of Franchisee's control or
for the City's use of the Cable System or the use of public, government and education Access
Channels, facilities or funding.
8
The City agrees to notify Franchisee, in writing, within twenty (20) days of the City
receiving notice of any issue that may require indemnification pursuant to this Section. To the
extent this Section requires the consent of the City Attorney, such consent shall not be
unreasonably withheld. {tc \12 "Section 11. Security Fund. }
Section 10. Security Fund.
A. In compliance with Section 5-10(3) and (4) ofthe Ordinance, each Franchisee
shall provide to the City a performance bond in the an amount that totals on a combined basis for
all Franchisees two hundred thousand dollars ($200,000) to ensure the faithful performance of all
provisions of this Agreement, the Ordinance, and all applicable local, state and federal law. The
bond shall be in a form and with a surety reasonably acceptable to the City's Risk Manager.
B. If thirty (30) calendar days after written notice from the City Franchisee fails to
pay to the City any fees or taxes due and unpaid, or any liquidated damages owed pursuant to the
Ordinance, or this Agreement, damages, costs or expenses that the City has incurred by reason of
any act, omission or default of Franchisee in connection with this Agreement or the Ordinance,
the City may apply to the surety for withdrawal of that amount, plus interest and any costs. Upon
such withdrawal or claim, the City shall notify Franchisee in writing of the amount and date of
the withdrawal at least ten (10) business days prior to a withdrawal. Any action by the City
Manager or designee to draw upon the performance bond hereunder may be appealed to the City
Commission for hearing and determination, subject to the terms set forth in the Ordinance.
C. The rights reserved to the City under this section are in addition to all other rights
ofthe City, whether reserved in this Agreement or the Ordinance or authorized by other law, and
9
no action, proceeding or exercise of a right with respect to the performance bond will affect any
other right the City may have.
Section 11. Construction Bond.
In compliance with Section 5-10(3) of the Ordinance, prior to any significant Cable
System construction, upgrade, rebuild or other significant work in the Streets of the City,
Franchisee shall post a construction bond in favor of the City hereof in the amount of fifty
percent (50%) ofthe cost of such construction or two hundred fifty thousand dollars ($250,000),
whichever is less. Such bond shall be subject to the approval of the City's Risk Manager, such
approval to be not unreasonably withheld. The City shall be provided with thirty (30) days prior
notice of intent to cancel or not renew the bond. The bond shall be maintained until such
construction is completed and activated and for a period of twelve (I 2) months thereafter.
Franchisee shall notify the City Manager in writing when it believes the construction has been
completed and the date on which it believes the bond may be eliminated pursuant to this Section
II. Unless the City reasonably determines that construction is not complete or there exists a
potential claim or demand against the Bond, the City agrees to return the bond to the Franchisee
or to sign such documents as are required to release the bond.
Section 12. Use of Streets; Use of City Private Property.
A. Franchisee agrees at all times to comply with and abide by all generally applicable
and lawful provisions of the City Code, the Ordinance, this Agreement, and applicable state,
local and federal law with respect to use of the Streets
B. As required by the City, and upon receipt of written notice, Franchisee shall
remove, relocate, replace or modify, at its own expense to the extent other Persons with facilities
10
in the Streets are so required (except as otherwise required by applicable law) its facilities within
any public Streets as set forth in the Ordinance, provided, however, that should the City require
such removal, relocation, replacement or modification in order to construct and install its own
competitive Cable System, then the City shall pay the expense. If funds are available to any
similarly situated Person using the Streets for the purpose of defraying the cost of any of the
foregoing, the City shall reimburse or cooperate with the Franchisee in the same manner in which
other similarly situated Persons affected by the requirement are reimbursed, as set forth herein
and as provided by state or federal law. If funds are available for the purpose of defraying the
above costs by federal or state law, the City shall cooperate in assisting Franchisee in obtaining
such funds. If funds are available for the purpose of defraying the above costs under local law ,
Franchisee shall be entitled to reimbursement if such local law includes cable operators in the
reimbursement. If the funds are controlled by another governmental entity, the City shall make
application for such funds on behalf of the Franchisee if, as a matter of law or regulation,
Franchisee is not permitted to apply on its own behalf.
C. In cases of new construction or property development where utilities are to be
placed underground, the City agrees to require as a condition of issuing a permit for open
trenching to any developer or property owner that such developer or property owner give
Franchisee at least thirty (30) days prior notice of such construction or development, and of the
particular dates on which open trenching will be available for Franchisee's installation of conduit,
pedestals and/or vaults, and laterals to be provided at Franchisee's expense. Franchisee shall also
provide specifications as needed for trenching. Costs of trenching and easements required to
bring service to the development shall be borne by the developer or property owner; except that if
11
Franchisee fails to install its conduit, pedestals and/or vaults, and laterals within five (5) working
days of the date the trenches are available, as designated in the notice given by the developer or
property owner, then should the trenches be closed after the five-day period, the cost of new
trenching is to be borne by Franchisee.
Section 13. Minimum Facilities & Services.
A. As of the Effective Date hereof, the relevant Cable System will, at minimum, pass
frequencies of at least 750 MHz and will be fully operational throughout the entire City.
B. As of the Effective Date, the Franchisee shall provide to the City a complete set of
strand System maps and such reasonable documentation as may be required by the City.
C. Maintain upstream Video Channel capacity through return lines from City Hall to
the Franchisee's head end and in the amount necessary to satisfy the PEG Access Channel
requirements set forth in Section 16 hereof.
D. Franchisee's Cable System shall transmit to Subscribers any stereo signals and
any other form of advanced television signals, including but not limited to high-definition
television (to the extent that Franchisee has the obligation to do so pursuant to federal must-carry
rules or the requisite authority pursuant to a valid retransmission consent agreement with the
applicable broadcast station) received and carried by the Cable System pursuant to applicable
federal law.
E. Franchise shall fully comply with all applicable laws concerning handicapped or
disabled persons.
Section 14. Technological Improvements to System.
A. State-of-the-Art.
12
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1. Within thirty (30) days after the Fifth Anniversary of the effective date of
this Agreement, the Franchisee shall submit a written report to the City upon their request, in a
form reasonably satisfactory to the City Manager, that discusses the Cable System capacity and
Cable Services offered on any of the most recently constructed or upgraded Cable Systems
owned and operated by the Franchisee, its parent or Affiliates in Palm Beach County, Florida.
The purpose of this report is to discuss the status ofthe Cable System in relation to State-of-the-
Art.
2. During the term of this Franchise, Franchisee may agree to make such
technically and Commercially Feasible improvements to its Cable System as may be requested by
the City. If Franchisee believes that a particular improvement requested by the City is not
Commercially Feasible for any reason, it will, upon written request, provide information to the
City supporting its position. Ifthe City and Franchisee disagree as to the Commercial Feasibility
of a particular improvement, the City may provide notice stating that it believes that such an
improvement is appropriate and may consider Franchisee's response during renewal.
(a) The City may, by written notice, require the Franchisee to provide
the functional equivalent of such Cable System capacity or Cable Services that are not then
available on the Cable System in the City but are available within Palm Beach County. Nothing
herein shall be construed to require the Franchisee to employ any specific transmission
technology or to carry any particular programming service.
(b) Upon receipt of such notice, the Franchisee shall implement the
same or functional equivalent of such Cable System capacity or Cable Services within twelve
(12) months of receipt of notice, or as otherwise agreed to by the City and the Franchisee. The
13
City agrees to provide an extension of such twelve (12) month period upon written request of the
Franchisee for good cause shown, including, but not limited to Force Majeure.
3. Franchisee's failure to upgrade the Cable System pursuant to this section
shall result in imposition of fines to be paid by the Franchisee to the City in the amount of not
less than one thousand dollars ($1,000) per violation, per day, or part thereof that the violation
continues after following the procedures set forth in Section 37 herein and shall be considered in
any renewal proceedings.
B. For any subsequent upgrade or rebuild of the Cable System, Franchisee shall
submit to the City a schedule of its planned cable routing, work areas and pedestaVpower supply
locations during the upgrade or rebuild construction process in accordance with the City's
generally applicable requirements.
C. During any further construction, Franchisee shall provide monthly written updates
and, upon request of the City Manager or designee, meet with the City monthly, or as otherwise
agreed to between the City and Franchisee, to review the progress ofthe construction of the
Cable System and to coordinate, as may be necessary, to minimize disruption ofthe rights-of-
way in the City while attempting to avoid delay in the Cable System construction schedule.
D. Franchisee agrees to provide reasonable notice to all Subscribers of any Cable
System upgrade or rebuild and the timing of such through the use of door hangers, direct mail,
and over the Cable System prior to the initiation of and during construction.
Section 15. Institutional Network.
The Franchisee shall provide Institutional Network services to the City in accordance
with the terms of the Dedicated Capacity Agreement between the parties, a copy of which is
14
attached hereto as Exhibit A. The parties shall execute the Dedicated Capacity Agreement
within ten (10) days of the Effective Date of this Franchise Agreement.
Section 16. Access Channels and Facilities.
A.
Access Channel Capacity.
Upon ninety (90) days written notice, Franchisee
shall provide to the City at least one (1) and a maximum of two (2) activated downstream Access
Channels in accordance with this section and at least one (1) return line and a maximum of two
(2) return lines on the Cable System for the exclusive use ofthe City which the City shall use, in
whole or in part, for video and audio services for non-commercial educational and/or
governmental access use:
1. Upon written request of the City, Franchisee shall provide to the City one
(1) full-time Access Channel ("First Access Channel") to the City within ninety (90) days of the
date ofthe request. Franchisee shall deliver to the City a second channel for the City's exclusive
use ("Second Access Channel") if, at any time, the First Access Channel is programmed at least
ten (10) hours per day between 8 :00 a.m. to 12 :00 a.m. for a period of six .(6) consecutive weeks
with non-character generated, non-duplicative, non-commercial programming (the
acknowledgement of underwriters and sponsorships shall be considered non-commercial). The
Franchisee shall provide the exclusive use of the Second Access Channel within six (6) months
of receipt of a written request from the City that will include detailed documentation evidencing
the fact that the usage of the First Access Channel has met the criteria set forth above. The
Second Access Channel may, at the City's option, be activated from City Hall, or from such other
location within the City as specified by the City.
15
2. The City may elect to carry County or other municipal or educational
programming in all or in part on City Access Channels and such programming shall be included
as usage under Subsection I above as long as such programming is not duplicative of County
programming carried on an entire County Channel that is delivered to Subscribers within the
City. At no time shall Franchisee be obligated to carry more than a total of two (2) Access
Channels. In accordance with federal law, Franchisee will be entitled to use any PEG Access
Channel capacity for the provision of other services at any time such channel capacity is not
being used for PEG access purposes or is not meeting the usage requirements as provided in this
Agreement.
3. Upon 90 day's prior written notice from the City, Franchisee shall cablecast
live all City Commission Meetings over the Cable System.
4. The Franchisee shall not be responsible for the operation, management and
administration of PEG Access, or for providing programming or technical support thereto, except as
otherwise provided in this section.
5. Franchisee's Cable System shall be configured so that any programming
delivered to the Cable System on any return line required hereunder may be delivered
downstream on the Cable System on any of the activated downstream Access Channels to all
Subscribers hereof, as determined and directed by the City from the access facilities and
equipment located at City Hall, or from such other location within the City designated by the
City, for a total of two return lines.
6. Franchisee shall provide all necessary headend and Cable System
electronic and distribution equipment so that any programming transmitted from City Hall and
16
such other origination location designated by the City in accordance with this Agreement may be
transmitted to all Subscribers on any of the Access Channels provided pursuant to this Section
hereof. City Hall and the other origination location designated pursuant to Section 16(a) hereof
will be linked to the headend by the most technically feasible and cost-effective means, as
reasonably approved by the City.
7. Franchisee agrees that all Access Channels will be provided to Subscribers
on the Cable System as a part of the lowest tier of Cable Service and that, if programming
information is supplied to Franchisee by the City in writing, Franchisee will use its best efforts to
publicize such programming on the Access Channels as a part of any ordinary printed program
listings it creates and provides to Subscribers.
8. Franchisee agrees that any and all Access Channels provided pursuant to
this Section 16 shall be provided on the same channel location to all Subscribers in the City. If
Franchisee elects to change the channel location of any City Access Channel, Franchisee shall
provide no less than ninety (90) days notice to the City and thirty (30) days notice to Subscribers
prior to the change and shall advertise any such change consistent with FCC notice requirements.
9. Failure on the part of the Franchisee to provide the PEG channels required by
Section 16(A) ofthis Agreement may result in the imposition ofliquidated damages in the amount of
one thousand dollars ($1,000) per day per violation after following the procedures set forth in
Section 37 hereof.
B. Access Cavital Grant
1. Consistent with applicable federal law, the Franchisee shall pay the City a
capital grant for PEG equipment, facilities and other capital requirements in the amount of Two
17
Hundred Thousand Dollars ($200,000) within thirty (30) days of the Effective Date of this
Franchise. In addition, the Franchisee shall pay the City for PEG capital and other capital
requirements, the amount of Seventy Thousand Dollars ($70,000) per year during each year the
franchise is in effect, payable on the first anniversary of this Franchise and each subsequent
anniversary thereafter throughout the term of this Franchise.
2. The City acknowledges that under FCC rules, the Capital Grant may be
passed through to Subscribers. Franchisee agrees that if the Capital Grant is passed through to
Subscribers, such pass through shall apply to all Subscribers, including those Subscribers who
receive Cable Service pursuant to bulk agreements, on an equitable basis.
3. Franchisee hereby agrees that the Capital Grant provided by Franchisee
pursuant to this Section 16 constitutes capital costs which are required by the Agreement to be
incurred by Franchisee for public, educational, or governmental access facilities within the
meaning of Section 622(g)(2)(c) of the Communications Act, 47 U.S.c. 9542(g)(2)(C); Such
grant shall not constitute a Franchise Fee or tax within the meaning of the Communications Act,
state law, including but not limited to, the Florida Communications Services Tax, the Ordinance,
or this Agreement as of the Effective Date of this Agreement.
Section 17. Service to Public Buildings.
A. Notwithstanding any other provision of the Ordinance, Franchisee shall provide
one cable drop per location (including installation) without charge to each government building
regardless of whether such facility is owned or leased in the Franchise Area that is listed in
Exhibit A ofthis Agreement or any such building that is located within one hundred twenty-five
(125) feet of Franchisee's coaxial distribution plant, whether now in existence or constructed
18
during the term of this Agreement. Such service shall, at minimum, include the basic and
expanded basic tiers, or the equivalent comprising the next level of programming service above
the lowest tier of Cable Service. Service extensions beyond 125 feet shall be at the City's
expense based upon Franchisee's actual costs.
B. Failure on the part of the Franchisee to provide the cable drop and Cable Service
required by Section 17(A) ofthis Agreement may result in the imposition ofliquidated damages
in the amount of five hundred dollars ($500) per day per violation after following the procedures
set forth in Sections 37 and 38 hereof.
Section 18. Service to Schools.
A. Notwithstanding any other provision of the Ordinance, Franchisee shall provide,
without charge, one cable drop per location (including installation) and the basic and expanded
basic tiers (or such equivalent comprising the next level of programming service above the
lowest tier) of Cable Service to all accredited K-12 schools within the City that are located within
one hundred twenty-five (125) feet of Franchisee's coaxial distribution plant, whether now in
existence or constructed during the term of this Agreement. Service extensions beyond 125 feet
shall be at the respective school's expense based upon Franchisee's actual costs.
B. Franchisee shall make arrangements for each school to receive school materials,
to the extent available, for teachers that explain the educational applications of the Franchisee's
Cable Services and programming offered on the Cable System. The materials will be provided to
all connected schools at no cost.
e. Franchisee has established a voluntary initiative to provide, upon request, cable
internet service to all State accredited K-12 schools within the City which receive Cable Service.
19
Franchisee intends to provide each of such schools with one outlet of unlimited Internet access,
including the necessary cable modem.
D. The costs related to this Section 18 shall not be offset against Franchise Fees or
taxes or passed through to Subscribers.
Section 19. Commercial Leased Access.
Franchisee shall provide commercial leased Access Channels as required by applicable
law.
Section 20. Emergency Use of Facilities.
A. Franchisee shall at minimum comply with all FCC rules on emergency use of
facilities.
B. Franchisee shall provide standby power generating capacity to the Cable System
headend capable of providing at least two (2) hours of emergency power.
Section 21. Lock-out Devices.
Franchisee shall make available at reasonable charge to any residential Subscriber, upon
the request of such Subscriber, a "parental guidance" or "lock-out" device which shall permit the
Subscriber, at his or her option, to eliminate the audio and visual transmissions from any channel
reception to the extent technically feasible.
Section 22. Line Extension Policy.
Upon request and payment of all applicable charges, and provided that the requesting
person gives Franchisee access to hislher premises in order to furnish, maintain and continue to
offer Cable Service to that person, Franchisee shall, throughout the term of this Agreement,
promptly furnish, maintain, and continue to provide all Cable Services distributed over the Cable
20
System to any person at hislher place of residence at which Franchisee has the right to install
equipment and located within the City where such residential location is not receiving Cable
Service by any other franchised cable operator, provided that the number of actual residential
dwelling units to be passed by any requested extension equals or exceeds twenty (20) homes per
mile as measured from the nearest activated point on the Cable System to the furthest location to
be served by the requested extension.
Section 23. Cable Home Wiring Commitments.
Franchisee shall comply with all FCC rules regarding cable home wiring, as amended
from time to time.
Section 24. Franchise Fee.
A. As ofthe Effective Date hereof, the Florida Communications Services Tax Act
preempts Section 5-8 of the Ordinance. If, however, the Florida Communications Services Tax
Law is amended or repealed so that a local franchising authority is allowed to impose and collect
Franchise fees, then forty five (45) days after the effective date of any such statutory amendment
or repeal, this section of the Agreement will become effective or at such time as stated in said
amendment or repeal of the Florida Communications Services Tax Law. Unless otherwise
provided by law, Franchisee shall collect and remit Franchise fees for the entire period following
the effective date of the aforementioned change in law, even if some collection and payment
must be done in arrears to allow for changes to the billing process. The intent of this section is to
ensure the City is not deprived of any Franchise fees to which it would otherwise be entitled
following any change in applicable state law.
21
1. Franchisee shall pay the City a Franchise fee of five percent (5%) of
Franchisee's Gross Revenues derived from the operation of the Cable System to provide Cable
Services in the City. Franchise fee payments shall be paid on a quarterly basis (January 1,
April 1, July 1 and October 1) no later than forty-five (45) days after the end of each quarter.
Each payment shall be accompanied by a detailed report to the City showing the basis of the
computation.
2. The City shall have the option of increasing the Franchise fee to the
maximum permitted by law following a public hearing where both the Franchisee and public are
allowed to comment on the impact of the higher fee, and a vote by the City Commission adopting
a resolution to impose the higher fee. Such change shall take effect on the next available billing
cycle in which the higher charge may be placed on Subscribers' bills.
3. Upon reasonable prior written notice, during Normal Business Hours, as
defined in the Ordinance, at Franchisee's principal business office in Palm Beach County, the
City shall have the right to inspect the Franchisee's financial records used to calculate the
Franchisee fees; provided, however, such actual fees are subject to the applicable statute of
limitations.
4. Upon completion of any such inspection by the City, the City shall provide
to the Franchisee a final report setting forth the City's findings in detail, including any and all
substantiating documentation. The Franchisee shall have thirty (30) days from the receipt of the
report to provide the City with a written response, including any substantiating documentation.
Any "Finally Settled Amount(s)" due to the City as a result of such inspection shall be paid to the
City by the Franchisee within thirty (30) days from receipt of written notice of the acceptance of
22
such Finally Settled Amount from the City. For purposes of this section, the term "Finally
Settled Amount( s)" shall mean the agreed upon underpayment, if any, to the City by the
Franchisee as a result of such inspection. If the parties cannot agree on a "Finally Settled
Amount", the parties shall submit the dispute to a mutually agreed upon mediator within sixty
(60) days of reaching an impasse. In the event an agreement is not reached at mediation, either
party may bring an action to have the disputed amount determined by a court oflaw. Once the
parties agree upon a Finally Settled Amount and such amount is paid by the Franchisee, the City
shall have no further rights to audit or challenge the payment for that period unless otherwise
provided by applicable law.
B. Unless otherwise mandated by applicable law, Franchisee expressly agrees
that: (i) the Franchise fee payments to be made pursuant to this section shall not be deemed to be
in the nature of a tax; (ii) such Franchise fee payments shall be in addition to any and all taxes of
a general applicability and not applicable solely to cable television operations within the City or
other fees or charges which Franchisee shall be required to pay to the City or to any state or
federal agency or authority, as required herein or by law, all of which shall be separate and
distinct obligations of Franchisee; (iii) Franchisee shall not have or make any claim for any
deduction or other credit of all or any part of the amount of said Franchise fee payments from or
against any of said City taxes or other fees or charges of general applicability which Franchisee is
required to pay to the City, except as agreed herein or required by law; (iv) Franchisee shall not
apply nor seek to apply all or any part of the amount of said Franchise fee payments as a
deduction or other credit from or against any of said City taxes or other fees or charges of general
applicability, each of which shall be deemed to be separate and distinct obligations of Franchisee;
23
(v) Franchisee shall not apply or seek to apply all or any part of the amount of any of said taxes
or other fees or charges of general applicability as a deduction or other credit from or against any
of its Franchise fee obligations, each of which shall be deemed to be separate and distinct
obligations of Franchisee.
Section 25. Reports and Records.
Upon reasonable prior written request of the City Manager or his/her designee, Franchisee
shall furnish the City with all of the information as required under Section 5-26 of the Ordinance,
except those reports required by Section 5-26(2)(B)(3) (unless and until the Florida Simplified
Communications Tax Act is properly amended or repealed). Franchisee hereby expressly agrees
to implement and maintain such practices and procedures as may be necessary to comply with
said obligations.
Section 26. Right to Inspect Financial Records and Facilities.
A. Franchisee shall maintain a complete set of books and records, including plans,
contracts, engineering, statistical, customer and service records at a location in Palm Beach
County, as required by the Ordinance, and accounting and financial records if the Florida
Simplified Communications Tax Act is properly repealed, unless prohibited by applicable law.
B. Throughout the term of this Agreement, the Franchisee agrees that upon receipt
of advance written notice from the City, the Franchisee shall permit any duly authorized
representative of the City to review such of the Franchisee's books and records regarding the
operation of the Cable System and the provision of Cable Service in the City, as are reasonably
necessary to monitor Franchisee's compliance with the provisions of the Ordinance and this
Agreement at the Franchisee's business office in Palm Beach County, during Normal Business
24
Hours and without unreasonably interfering with Franchisee's business operations. Such notice
shall specifically reference the subsection of the Agreement that is under review so that the
Franchisee may organize the necessary books and records for easy access by the City. Such
books and records shall include, without limitation, any records required to be kept in a public
file by the Franchisee pursuant to the rules and regulations ofthe FCC. The Franchisee shall not
be required to maintain any books and records for Agreement compliance purposes longer than
five (5) years, except for written service complaints, which shall be kept for three (3) years.
C. The City shall accord all books and records that it inspects under this section the
degree of confidentiality such books and records are entitled to under federal and state law. To
the extent Franchisee considers any books or records that it is required to produce to be
confidential or otherwise protected from public disclosure, Franchisee shall designate which
documents it views as confidential and proprietary.
D. Franchisee hereby agrees that the City shall have the right to inspect Franchisee's
facilities and property during Franchisee's Normal Business Hours and upon reasonable notice.
Section 27. Customer Service Requirements.
Franchisee agrees to comply with, and to implement and maintain any practices and
procedures that may be required to monitor compliance with each of the customer service
requirements set forth in Section 5-27 of the Ordinance, and as such requirements maybe
lawfully amended in accordance with the terms of the Ordinance or this Agreement.
Section 28. Late Fees.
25
Franchisee hereby agrees that any late charge imposed on Subscribers for unpaid bills
shall not exceed Five Dollars ($5.00). Such fee may be deemed to represent Franchisee's
reasonable administrative costs.
Section 29. City Purchase of Cable System.
The City may, upon the recommendation of the City Manager and the approval of the
Commission, acquire ownership of and operate Franchisee's Cable System in accordance with the
Ordinance and applicable state and federal law .
Section 30. Modification of Agreement.
Franchisee shall file an Application with the City for any modification ofthis Agreement
in accordance with the federal Communications Act.
Section 31. Transfer of Agreement.
Franchisee shall file an Application to transfer or to change ownership or control of
Franchisee or its Cable System in full compliance with Section 32 below. No Transfer shall
occur without prior approval of the City Commission, which approval shall not be unreasonably
withheld. Franchisee shall be subject to liquidated damages in the amount of one thousand five
hundred dollars ($1,500) per day for failure to receive such consent of the City for a transfer or
change of control; provided, however, that no such liquidated damages shall be owed if the
City's denial of consent is unlawful or unreasonable.
Notwithstanding the forgoing and in full compliance with Section 32 below and Section
5-29(3) ofthe Ordinance, the City approves and consents to the transaction to transfer this
Franchise from the Franchisee to an affiliate of Comcast Corporation as described in Transfer
Resolution attached as Exhibit B and incorporated by reference herein. Upon the request of
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Franchisee, the City will provide an originally executed copy of the Transfer Resolution to the
Franchisee.
Section 32. Procedures for Requesting Approval of Transfer.
In compliance with the requirements set forth in Sections 5-29(3) of the Ordinance, and
subject to Section 31 above, the following procedures shall be followed by Franchisee in
requesting the City's consent to a transfer, other than a pro forma transfer, of this Agreement or
to transfer control ofthe Agreement or Franchisee. However, the requirement to obtain consent
for a pro forma transfer shall not apply to transactions solely for the purpose of restructuring,
recapitalization or refinancing which do not change the effective control of the Franchisee, as
long as the Franchisee provides reasonable notice to the City of such transaction.
A. At least one hundred twenty (120) calendar days prior to the contemplated
effective date of a transfer, Franchisee shall submit to the City a completed Application for
approval of the transfer. Such Application shall include the following:
1. A statement of the reason for the contemplated transfer.
2. The name, address and telephone number of the proposed transferee.
3. A detailed statement of the corporate or other business entity organization
of the proposed transferee, including but not limited to the following:
(a) A detailed and complete audited financial statement ofthe
proposed transferee for the three (3) fiscal years immediately preceding the date ofthe request for
transfer approval, prepared by a certified public accountant if audited statements were made, or a
letter or other acceptable evidence in writing from a duly authorized officer of the proposed
transferee setting forth a clear and accurate description of the amount and sources of funding for
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the proposal transaction and its sufficiency to provide whatever capital and operating funds shall
be required by the proposed transferee to construct, install, rebuild, maintain and operate the
proposed Cable System in the City. Ifthe corporate or business entity organization of the
proposed transferee has not been in existence for a full three (3) years, the proposed transferee
shall submit a certified financial statement for the period of its existence.
(b) A description of all previous experience of the proposed transferee
in operating Cable Systems and providing Cable Services or related or similar services, including
a statement identifying, by place and date, any other cable television licenses or franchises
awarded to the proposed transferee, its parent, subsidiaries, or Affiliates in the State of Florida.
(c) Upon written request from the City and if such pro forma financial
plan has been prepared, a detailed pro forma financial plan describing for each remaining year of
the Franchise, the projected number of Subscribers, rates, all revenues, operating expenses,
capital expenditures, depreciation schedules, income statements, and statement of sources and
uses of funds. Where the transfer is part of a larger transaction and such information is not
prepared for the single Cable System in the City, the proposed transferee may provide such
information on a consolidated basis including the Cable System in the City, but shall provide
information on the size of the City System, in terms of number of Subscribers, relative to the
transaction, so that pro rata estimates may be made.
(d) If applicable, a detailed description of the proposed plan of
operation of the proposed transferee, which shall include, but not be limited to the following:
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1. A detailed map indicating all new areas proposed to be
served, and a proposed time schedule for the installation of all equipment necessary to become
operational throughout the new areas to be served.
11. For informational purposes a statement or schedule setting
forth all anticipated changes, if any, to the proposed classifications of Subscriber rates and
charges for each of any said classifications, including installation charges, service charges,
special, extraordinary, or other charges.
4. Upon request, the terms and conditions ofthe agreement between the
transferor and proposed transferee relating to the operation of the Cable System in the City.
5. A statement of acceptance signed by a duly authorized officer of the
proposed transferee, if such transferee will be the holder of the Franchise, of all of the terms and
conditions of the Ordinance and this Agreement. If such transferee is not the holder of the
Franchise, such transferee will sign a guarantee of compliance by the Franchisee with this
Agreement.
6. A statement of acceptance of all liabilities arising under the existing
Franchise whether known or unknown.
7. A plan of compliance and guarantee to cure any outstanding violations of
the Ordinance and this Agreement.
B. The names, business addresses, state of residence and country of citizenship of all
general partners and/or corporate officers and directors ofthe proposed transferee.
C. The names, business addresses, state of residence and country of citizenship of all
persons and entities having, controlling, or being entitled to have or control ten percent (10%) or
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more of the ownership of the proposed transferee and the respective ownership share of each
such person or entity.
Section 33. Dispute Resolution Procedures.
.Either party may seek mediation and the party seeking mediation shall provide written
notice to the other party. If both parties consent to mediation, the mediator, who shall have
expertise in cable-related matters, shall be selected by agreement between the parties.
1. The mediation will be conducted as specified by the mediator and agreed
upon by the parties. The parties agree to discuss their differences in good faith and to attempt,
with the assistance ofthe mediator, to reach an amicable resolution of the dispute.
2. The mediation will be treated as settlement discussions and confidential.
The mediator may not testify for either party in any later proceeding relating to the dispute. No
recording or transcript shall be made of the mediation proceedings.
3. Each party will bear its own costs in the mediation. The fees and expenses
of the mediator will be shared equally by the parties.
Section 34. Renewal of Agreement.
The provisions of Section 626 of the Communications Act and Section 93.23 of the
Ordinance shall govern any and all proceedings to renew this Agreement. In the event of a
conflict between the Communications Act and the Ordinance, the Communications Act shall
control. If either Franchisee or the City decides to initiate a formal renewal process in
accordance with Section 626(a)-(g) of the Communications Act, 47 U.S.c. ~ 546(a)-(g), both the
Franchisee and the City must comply with each of the requirements in the Communications Act
as well as the additional requirements set forth in the Ordinance.
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Section 35. Rates.
A. Nothing in the Ordinance or this Agreement shall prohibit the City from
regulating rates for Cable Service, installation, disconnection, and equipment to the full extent
permitted by and consistent with state and federal law.
B. Pursuant to the Ordinance, Franchisee shall not unlawfully discriminate with
respect to Cable Service rates that it charges throughout the City, as defined by applicable law.
Section 36. Enforcement Remedies.
A. In addition to any other remedies available at law or equity, except as otherwise
specifically provided in the Ordinance and Section 33 of this Agreement, the City may impose
fines for any violation of the Ordinance, or this Agreement, and/or other remedies as follows:
1. For failure to provide data, documents, reports or information as required
by this Agreement in a timely manner or as requested by the City consistent with FCC rules and
regulations, Franchisee shall pay fifty dollars ($50.00) per violation for each day the violation
continues.
2. Unless otherwise provided herein, for all other violations of this
Agreement or the Ordinance, except those violations of the FCC customer service standards that
are measured on a quarterly basis, the fines shall be one hundred dollars ($100.00) per violation
for each day the violation continues for thirty (30) days. Ifthe violation continues beyond thirty
(30) days, a fine in the amount of two hundred dollars ($200.00) per violation per day shall be
imposed. If the violation continues beyond sixty (60) days, a fine shall be imposed in the greater
of the amount set forth in the Ordinance or two hundred dollars ($200.00) per violation per day.
B. A violation will be deemed to have occurred when the City provides written notice to
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Franchisee of the violation in accordance with the procedures set forth in the Ordinance and this
Agreement. In addition to any other remedies available at law or equity, except as otherwise
specifically provided in this Agreement, the City may impose fines for any violation of the
Ordinance, or this Agreement, and/or other remedies, pursuant to Section 37 hereof.
C. This Franchise is subject to revocation pursuant to Section 38 hereof for any of the
reasons set forth therein. In the event the City exercises its right to revoke the Franchise, the
procedures set forth in Section 38 shall apply. After exhaustion of all such proceedings, Franchisee
shall have the right to appeal the decision of the City Commission to a court of competent
jurisdiction in Palm Beach County, Florida.
D. The Franchisee shall not be held in default under, or in noncompliance with the
provisions of the Agreement or the Ordinance, nor suffer any enforcement or penalty relating to
noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by
circumstances reasonably beyond the ability of the Franchisee to anticipate or control.
Section 37. Franchise Violations.
(a) In addition to any other remedies available at law or equity, the City may apply any
one or combination of the following remedies in the event a Franchisee violates a provision of the
Ordinance or this Franchise Agreement after following the procedures set forth in Subsections (d-h)
below.
(1) Impose liquidated damages in an amount of not less than Two Hundred Fifty
Dollars ($250) per day or part thereof per individual violation. Payment of liquidated damages by
the Franchisee will not relieve the Franchisee of its obligation to comply with this Agreement and the
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requirements ofthe Ordinance, provided, however, that cure ofthe alleged violation and payment of
liquidated damages pursuant to this section shall be considered full and final resolution of the alleged
violation and may not be considered as an event of noncompliance for such period.
(2) Revoke the Franchise pursuant to the procedures specified in Section 38
hereof.
(3) In addition to or instead of any other remedy provided herein, the City may
seek equitable relief from any court of competent jurisdiction.
(b) In determining which remedy or remedies are appropriate, the City shall take into
consideration the nature ofthe violation, the person or persons bearing the impact ofthe violation,
the nature of the remedy required in order to prevent further violations and such other matters as the
City determines are appropriate to the public interest.
(c) Failure of the City to enforce any requirements of this Agreement or the Ordinance
shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of
the same type or to seek appropriate enforcement remedies.
(d) If the City believes that Franchisee has failed to perform any obligation under the
Ordinance or this Agreement or has failed to perform in a timely manner, the City shall notify
Franchisee in writing, stating with reasonable specificity the nature of the alleged default. Franchisee
shall have thirty (30) days from the receipt of such notice to:
(1) Respond to the City, contesting the City's assertion that a default has occurred,
and requesting a meeting in accordance with Subsection (e), below; or
(2) Cure the default (except Franchisee shall have ninety (90) days with respect to
customer service standards measured on a quarterly basis); or
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(3) Notify the City that Franchisee cannot cure the default within the thirty (30) days
(or ninety (90) days where applicable), because of the nature of the default. In the event the default
cannot be cured within the applicable time frame, Franchisee shall promptly take all reasonable steps to
cure the default and notify the City in writing and in detail as to the exact steps that will be taken and
the projected completion date. In such case, the City shall set a meeting in accordance with Subsection
( e) below to determine whether additional time beyond the time specified above is indeed needed, and
whether Franchisee's proposed completion schedule and steps are reasonable.
( e) If Franchi see does not cure the alleged default within the cure period stated above, or by
the projected completion date under Subsection (d)(3), or denies the default and requests a meeting in
accordance with (d)(1), or the City orders a meeting in accordance with Subsection (d)(3), the City shall
set a meeting to investigate said issues or the existence of the alleged default. The City shall notify
Franchisee of the meeting in writing and such meeting shall take place no less than thirty (30) days after
Franchisee's receipt of notice of the meeting. At the meeting, Franchisee shall be provided an
opportunity to be heard and to present evidence in its defense.
(f) If, after the meeting, the City determines that the Franchisee has corrected the violation
or promptly commenced correction of such violation after notice thereof from the City and is diligently
proceeding to fully remedy the violation, or that no violation has occurred, the proceedings shall
terminate and no penalty or other sanction shall be imposed.
(g) If, after the meeting, the City determine that a violation exists and that Franchisee has
not corrected the same in a satisfactory manner or did not promptly commence and diligently process to
correct the violation, the City may:
(1) Impose penalties and/or liquidated damages in accordance with Subsection (a)
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above and withdraw such amount from the security fund required in this Agreement as monetary
damages;
(2) Recommend the revocation of this Franchise pursuant to the procedures in
Section 38 below; or
(3) Recommend any other legal or equitable remedy available under this Franchise
or any applicable law.
(h) If the City elects to assess liquidated damages in accordance with this Section, then
such election shall bar the City from instituting revocation proceedings for a period of one hundred
twenty (120) days. Thereafter, ifthe Franchisee remains in non-compliance with the requirements of
this Ordinance or a Franchise Agreement, the City may institute revocation proceedings against the
Franchisee in accordance with the provisions of Section 38 below.
(1 ) Notwithstanding anything to the contrary, any fines/liquidated damages imposed
herein shall be calculated as accruing from the date of written notice to the Franchisee ofthe violation.
(2) The determination as to whether a violation of this Franchise has occurred shall be
within the discretion ofthe City Commission, provided that any final determination may be subject to
appeal to a court of competent jurisdiction under applicable law.
Section 38. Revocation.
( a) The City may revoke and rescind all rights and privileges associated with this Franchise
in the following circumstances, each of which represents a material breach of this Franchise:
(1) If Franchisee fails to perform any material obligation under the Ordinance or this
Agreement;
(2) If Franchisee willfully fails for more than forty-eight (48) hours to provide
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continuous and uninterrupted Cable Service;
(3) If Franchisee practices any fraud or deceit upon the City or Subscribers; or
(4) If Franchisee willfully makes a material misrepresentation of fact in the
Application for or negotiation of a Franchise, a renewal or a transfer.
(b) Prior to forfeiture or termination of the Franchise, the City shall give written notice by
certified mail to the Franchisee of its intent to revoke the Franchise. The notice shall set forth the
exact nature of the noncompliance. If within thirty (30) days following receipt of such written notice
from the City to the Franchisee, the Franchisee has not cured such violation or breach, or has not
entered into a written agreement with the City on a program to cure the violation, or has not
demonstrated that the violation is incurable, or has filed a written response to the City demonstrating
that no violation has occurred, the City may then seek a termination of the Franchise by the City
Commission in accordance with this subsection.
(c) Any proceeding under the subsection above shall be conducted by the City
Commission and open to the public. Franchisee shall be afforded at least thirty (30) days prior
written notice of such proceeding.
(1) At such proceeding, Franchisee shall be provided a fair opportunity for full
participation, including the right to be represented by legal counsel, to introduce evidence, and to
question witnesses. A complete verbatim record and transcript shall be made of such proceeding and
the cost shall be shared equally between the parties. The City Commission shall hear any Persons
interested in the revocation, and shall allow Franchisee an opportunity to state its position on the
matter.
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(2) Within ninety (90) days after the hearing, the City Commission shall determine
whether to revoke the Franchise and declare that the Franchise is revoked and the security fund
forfeited; or if the breach at issue is capable of being cured by Franchisee, direct Franchisee to take
appropriate remedial action within the time and in the manner and on the terms and conditions that the
City Commission determines are reasonable under the circumstances. Ifthe City determines that the
Franchise is to be revoked, the City shall set forth the reasons for such a decision and shall transmit a
copy of the decision to the Franchisee. Franchisee shall be bound by the City's decision to revoke
the Franchise unless it appeals the decision to a court of competent jurisdiction within one hundred
twenty (120) days of the date ofthe decision.
(3) Franchisee shall be entitled to such relief as the Court may deem appropriate.
(4) The City Commission may at its sole discretion take any lawful action which it
deems appropriate to enforce the City's rights under the Franchise in lieu of revocation of the Franchise.
(d) If the City revokes a Franchise, or if, for any other reason, a Franchisee abandons the
Cable System, terminates or fails to operate or maintain service to its Subscribers for a period of
thirty (30) days, the following procedures and rights are effective:
(1) The City may require the former Franchisee to remove its facilities and
equipment at the former Franchisee's expense. If the former Franchisee fails to do so within a
reasonable period of time, the City may have the removal done at the former Franchisee's and/or
surety's expense.
(2) The City, by resolution of the City Commission, may acquire ownership, or
effect a transfer of the Cable System, in accordance with Section 627 of the Communications Act.
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(3) If a Cable System is abandoned by a Franchisee, the City may sell, assign or
transfer all or part of the assets of the System.
( e) Where the City has issued a Franchise specifically conditioned in the Franchise
Agreement upon the completion of construction, System upgrade or other specific obligation by a
specified date, failure of the Franchisee to complete such construction or upgrade, or to comply with
such other specific obligations as required may result in revocation ofthe Franchise, unless the City,
at its discretion and for good cause demonstrated by the Franchisee, grants an extension of time.
(f) No adverse action against a Franchisee may be taken by the City pursuant to this
section except as consistent with the procedures set forth in this section or as otherwise provided by
applicable law, including a noticed public hearing at which the Franchisee is given an opportunity to
participate.
Section 39. Area Wide-Interconnection.
A. The Cable System shall be interconnected with other contiguous area cable
systems that are owned and operated by Franchisee or an Affiliate.
B. Franchisee shall use its best efforts to interconnect the PEG Access Channels of
the Cable System with any other contiguous cable system not owned or operated by Franchisee or
an Affiliate of Franchisee upon the directive of the City. Interconnection of channels may be
done by direct cable connection, microwave link, satellite or other appropriate methods. Each
individual operator of such systems shall pay for its own cost of constructing and maintaining the
interconnection up to the demarcation point. Such interconnection shall not increase the total
number of PEG Access Channels required under Section 16 of this Agreement.
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C. Subject to subsections A and B above, Franchisee shall make all reasonable
efforts to cooperate with any designated access organization, interconnection corporation,
regional interconnection authority or City, County, state or federal regulatory agency which may
be hereafter established for the purpose of regulating, financing, or otherwise providing for the
interconnection of cable systems beyond the boundaries of the Franchise Area.
Section 40. Validity.
A. By execution of this Agreement, the City and the Franchisee each represents and
warrants to the other its respective authority and power to enter into this Agreement. The City
and the Franchisee each represents, warrants and covenants to the other that the undersigned
elected official (as to the City) or officer (as to the Franchisee) has been duly authorized to
execute this Agreement such that this Agreement has been validly entered into by the respective
party, and that this Agreement constitutes a legal, valid and binding contract enforceable against
the respective party in accordance with the terms hereof.
B. If any part, section, subsection, or other portion of this Agreement or any
application thereof to any Person or circumstance is declared void, unconditional or invalid for
any reason, such part, section, subsection, or other portion, or the prescribed application thereof,
shall be severable, and the remaining provisions of this Agreement, and all applications thereof
not having been declared void, unconstitutional or invalid, shall remain in full force and effect.
Section 41. Written Notice of Acceptance.
Upon adoption and as of the date of the Commission resolution approving this
Agreement, Franchisee shall provide to the City written acceptance of all the terms and
conditions oftrus Agreement. Franchisee's failure to comply in full with this section shall render
39
this Agreement null and void with no further action by the City, unless the City Manager agrees
in writing or the Commission takes action to extend such period.
Section 42. Notice.
Any notice, request, demand, approval or consent given or required to be given under this
Agreement shall be in writing and shall be deemed as having been given when mailed by United
States registered or certified mail (return receipt requested), postage prepaid, to the other parties
at the addresses stated below or at the last changed address given by the party to be notified as
hereinafter specified:
(a)
If to Adelphia:
Adelphia Cable Communications
1100 Northpoint Parkway, Suite 100
West Palm Beach, FL 33407
Attention: Regional Vice President, Law and Public Policy
With a copy to:
Adelphia Communications
5619 DTC Parkway
Greenwood Village, CO 80111
Attention: Vice President, Law and Public Policy
(b)
If to City:
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Attention: City Manager
With a copy to:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd. #200
Ft. Lauderdale, FL 33308
Attention: James Cherof, Esq.
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Section 43. Force Majeure.
In the event a Franchisee's performance of or compliance with any of the provisions of the
Ordinance or this Franchise Agreement is prevented by a cause or event not within the Franchisee's
control, such inability to perform or comply shall be deemed excused and no penalties or sanctions
shall be imposed as a result thereof; provided, however, that Franchisee uses all practicable means to
expeditiously cure or correct any such inability to perform or comply. For purposes hereof, causes or
events not within a Franchisee's control shall include, without limitation, acts of God, floods,
earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or
civil disturbances, sabotage, strikes, loss of utility service not as a result of any action or inaction by
Franchisee and restraints imposed by order of a governmental agency or court (unless such order is
procured at Franchisee's behest). Causes or events within Franchisee's control, and thus not falling
within this section, shall include, without limitation, Franchisee's financial inability to perform or
comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Franchisee's
directors, officers, employees, contractors or agents.
Section 44. Severability.
If any part, section, subsection, or other portion of this Agreement is declared void,
unconstitutional or invalid for any reason, such part, section, subsection, or other portion, or the
prescribed application thereof, shall be severable, and the remaining provisions ofthis Agreement,
and all section hereof not having been declared void, unconstitutional or invalid, shall remain in full
force and effect.
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Section 45. Entire Agreement.
This Agreement and the Ordinance, to the extent set forth in this Agreement, set forth the
entire agreement between the parties respecting the subject matter hereof. All agreements,
covenants, representations and warranties, express and implied, oral and written, of the parties
with regard to the subject matter hereof are contained herein. No other agreements, covenants,
representations or warranties, express or implied, oral or written, have been made by any party to
another with respect to the matters of this Agreement. All prior and contemporaneous
conversations, negotiations, agreements, representations, performances, covenants and warranties
with respect to the subject matter hereof are waived and are superseded hereby and thereby.
Section 45. Execution in Counterpart.
This Agreement may be executed in counterparts.
IN WITNESS WHEREOF, the parties hereto have executed or caused this agreement to
be duly executed as of the day and year first above written.
CITY OF BOYNTON BEACH, FLORIDA
By:
Name:
Title:
Attest:
City Clerk
Date filed with City Clerk:
Agreed to and accepted by Franchisees:
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Adelphia Cable Partners, L.P.
a Florida limited partnership
d/b/a Adelphia Cable Communications
By: ACC Operations, Inc.
a Delaware corporation
Its: General Partner's Managing Member's
Managing Member's General Partner
By:
Joe W. Bagan
Its: Senior Vice President of Operations
Date:
National Cable Acquisition Associates, L.P.,
a Delaware limited partnership
d/b/a Adelphia Cable Communications
By: ACC Operations, Inc.
a Delaware corporation
Its: General Partner's General Partner
By:
Joe W. Bagan
Its: Senior Vice President of Operations
Date:
Adelphia Cablevision of West Palm Beach III, LLC,
a Delaware limited liability company
d/b/a Adelphia Cable Communications
By: Century New Mexico Cable Television Corp.
a Delaware corporation
Its: Managing Member
By:
Joe W. Bagan
Its: Senior Vice President of Operations
Date:
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Leadership Acquisition Limited Partnership,
a Delaware limited partnership
d/b/a Adelphia Cable Communications
By: ACC Operations, Inc.
a Delaware corporation
Its: General Partner's General Partner's Sole Owner
By:
Joe W. Bagan
Its: Senior Vice President of Operations
Date:
Witnesses:
44
EXHIBIT A
DEDICATED CAPACITY AGREEMENT
45
DEDICATED CAPACITY AGREEMENT
This Dedicated Capacity Agreement (the "Agreement") is made and entered into as of the _ day of , 2005 (the
"Effective Date" which shall be on or after the date of the execution and written acceptance of the renewal of the Cable Television
Franchise to Adelphia Communications Corp. or any subsidiary thereof) by and between the City of Boynton Beach, Florida, a municipal
corporation with its principal offices located at 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425-0310 ("City") and Adelphia Cable
Partners, LP, a Delaware limited partnership doing business as Adelphia Cable Communications ("Adelphia") for itself, its subsidiaries and
affiliates that provide digital fiber optic telecommunications transmission capacity. Adelphia and City are the parties to this Agreement and
may be referred to individually as "Party" and collectively as "Parties."
A. Adelphia desires to provide, and City desires to obtain and use, a specific amount of unlit digital fiber optic telecommunications
transmission capacity (the "Adelphia Service") between the locations (the "Locations") more particularly described on the Service
Description included in Exhibit A., which is attached and incorporated in this Agreement by this reference.
B. City acknowledges that it will be responsible for providing all electronics, equipment and services required on its side of the
demarcation points at the Locations in order for it to "light" the Adelphia facilities; the Adelphia Service is not "lit" and Adelphia makes no
undertaking under this Agreement to do so as part of the Adelphia Service.
C. The Parties acknowledge that this Dedicated Capacity Agreement is not an Indefeasible Right of Use ("IRUn) Agreement, but is
intended to provide City only with access to the Adelphia Service for a limited time under the terms and conditions set forth below.
IN CONSIDERATION OF THE FOREGOING RECITALS AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES
TO THIS AGREEMENT AGREE AS FOLLOWS:
1. The Adelphia Service, Facilities and Access.
(a) . Service and Facilities. Subject to and in accordance with the terms and conditions of this Agreement, Adelphia will provide
the facilities necessary to provide City with the Adelphia Service (the "Facilities"). Provision and use of, the Adelphia Service in the
amounts and at the Locations shall be in accordance with the terms and conditions set forth in this Agreement. City shall have the right to
use capacity on the Facilities only up to the amounts specified in Exhibit A; the Adelphia Service provided under this Agreement is not
"burstable." If any time City wishes to use capacity at any Location in excess of the amounts specified in Exhibit A, it must place an order
with Adelphia for additional capacity, which must be accepted by Adelphia before any such usage occurs. Adelphia agrees to respond to
any request to increase capacity within sixty (60) days of such request. Should Adelphia determine, through use of Audit Equipment (as
defined below) or otherwise, that City has exceeded the capacity specified in Exhibit A, Adelphia may, at its sole discretion, invoke any of
the terms under this Agreement.
(b) City Use of Adelphia Service. City may connect its network or facilities with the Facilities at City' sole cost, at the
connecting points designated in Exhibit A. Adelphia shall provide a fiber connection to an Adelphia owned and installed patch panel in the
computer/telecommunications room, designated by the City in each location listed on Exhibit A. City shall then be responsible for providing
all electronics and required equipment and services on its side of the demarcation identified at the Locations to "light" the Facilities and
utilize the Adelphia Service for City's intended purposes. City shall be responsible for all costs to connect its network or facilities with the
Facilities and to "light" or otherwise utilize the Adelphia Service. City may use the Adelphia Service for City's business, including, but not
limited to, the transport of City content, municipal wireless applications, and for any lawful purpose provided however, that the City shall not
resell any portion of the capacity of the Facilities provided under this Agreement nor shall the City permit non-governmental use or provide
any services that directly compete with services provided by Adelphia. To the extent that the City installs antennae or other equipment to
enable the provision of wireless service, such additional antennae or equipment shall not be construed as "additional sites" pursuant to
Exhibit A Section 6. City shall take all reasonable precautions against, and shall assume liability, subject to the terms of this Agreement,
for any damage caused by the negligence of City to the Facilities or other fibers or portions of the facilities or equipment used or owned by
Adelphia. City shall at all times comply with all applicable laws and regulations. Adelphia reserves the right to terminate the Adelphia
Service and/or suspend affected Adelphia Service, if Adelphia determines that City use does not conform with the requirements set forth in
this Agreement or the City causes technical interference that impedes Adelphia's ability to provide Adelphia Service to City or others or
receives notice from anyone that such use may violate applicable laws. Adelphia's actions or inaction under this Section shall not
constitute review or approval of City's use. Adelphia will provide notice to City before taking action under this Section.
(c) Adelphia Inspection and Audit Rights; Use of Monitoring and Bandwidth Governors.
(i) City acknowledges that Adelphia may audit City's use of the Facilities, as further provided in this Section. During the
term of this Agreement and for a period of three (3) years thereafter, City shall allow Adelphia or its professional
advisors access to and the right to examine, audit, inspect and copy its records and any documents and other items
related to the Adelphia Service. City shall provide assistance to interpret such data if requested by Adelphia. Such
examination shall provide Adelphia with complete information regarding City's use of the Adelphia Service. City sites
shall be available for inspection and review at any reasonable time by representatives of Adelphia. Upon prior written
2
notice and accompanied by City employees, Adelphia or its designee may enter the Locations to perform physical
audits of City usage of the Adelphia Service and Facilities. Notwithstanding anything to the contrary, any and all
auditing and monitoring of the system by Adelphia shall be limited to the auditing and monitoring solely of the City's
use of transmission capacity and shall not include any auditing, monitoring or access by any other means of the
content of any transmissions.
(ii) In addition, no more than four (4) times each year during the Term of this Agreement, Adelphia may request that an
officer of City certify that City's usage of the Facilities and Adelphia Service comply with the terms and conditions
outlined in this Agreement, including the capacity restrictions set out in Exhibit A. .
(iii) City shall prepare, maintain and preserve all records compiled by City in connection with City's use of the Adelphia
Service. The records shall be retained for a minimum of one (1) year from the termination or completion of this
Agreement.
(iv). City further acknowledges that at any time during this Agreement, without notice to City, Adelphia has the right, but not
the obligation, to install and maintain monitoring and usage governing equipment (the "Audit Equipment") on the
Facilities used to provide the Adelphia Service provided that such equipment monitors only usage of capacity and does
not monitor or record the content of any transmissions. In addition, if required by Adelphia, such Audit Equipment may
be placed on site(s) of City at the Locations and City grants Adelphia a license to install and operate such Audit
Equipment on the Locations. Any such installation of Audit Equipment on a City sites at a Location shall be undertaken
only after prior reasonable written notice to City and approval of the location by the City, which shall not be
unreasonably withheld. A City representative shall be present while the installation is taking place.
(d) Public Rights of Way; Access to City Property. Adelphia owns and operates the Facilities. Adelphia acknowledges
that City has no obligation to assure or guarantee Adelphia the necessary connections to public streets, utilities or adjacent buildings that
may be necessary for the provision of Adelphia Service to the Locations. Notwithstanding the foregoing, (i) in areas owned or controlled
by City, City shall provide Adelphia access necessary for the operation of Facilities and (ii) City shall cooperate with Adelphia, at Adelphia's
expense, in obtaining any third party permits, easements or agreements necessary for Adelphia to provide Adelphia Service to City under
this Agreement.
2. Payment and Revenue.
(a) Charges for Adelphia Service. In exchange for the provision of the Adelphia Service, City shall pay the amounts listed on
Exhibit A (the "Service Charges"). Except as otherwise agreed to on Exhibit A, Adelphia shall bill in advance the Service Charges for all
Adelphia Service to be provided during the ensuing calendar month. All bills for Adelphia Service provided to City by Adelphia are due
3
within thirty (30) days of receipt. If any portion of the undisputed amounts of the payment has not been received by Adelphia forty five
(45) days after the bill date, or if any portion of the payment is received by Adelphia in funds which are not immediately available to
Adelphia, then a late payment penalty shall be due Adelphia. The late factor shall be the maximum amount allowable by law, but not more
than 1.5 % per month or 18% annually.
(b) Taxes; Costs. All payments provided in this Agreement are exclusive of any sales, use, gross receipts, excise, import or
export value added or similar taxes or duties (the "Taxes"). As of the Effective Date of this Agreement, the City is tax exempt. If during the
Term of this Agreement, the City's tax exempt status changes, the parties shall negotiate in good faith an increase in the payments made
to Adelphia to account for Taxes.
3. Facilities Ownership. The Facilities shall be and remain the property of Adelphia during the Term. City shall use reasonable
care to avoid damaging the Facilities during the Term and agrees not to alter, modify, sell, license, lease, assign, encumber, relocate,
move or tamper with the Facilities except in the case of an emergency whereupon the City may take any actions permitted pursuant to its
police powers and the authority granted by the laws of the state of Florida. City shall not use the Adelphia Service or any Facilities in a
way that violates Adelphia's interests in its trademarks, trade names, copyrights, or other proprietary rights.
4. Confidentiality. Each Party acknowledges that Confidential Information may be disclosed to the other Party during the course
of this Agreement. Each Party agrees that it will take reasonable steps during the Term and for a period of one year following expiration or
termination of this Agreement, to prevent the duplication or disclosure of Confidential Information of the other Party, other than by or to its
employees, agents or affiliates with a specific "need to know" such Confidential Information. "Confidential Information" means all business
or technical information of the disclosing Party that is not generally known to the public and that derives value from not being generally
known, whether such information is disclosed orally or in writing. Confidential Information may include any software, content,
documentation, flow-chart, logic diagram, design proposal, screen shot, screen shot concept, algorithm, device, compilation of information,
method, technique, or process. Notwithstanding the foregoing, either Party may disclose Confidential Information without the consent of
the other Party, to the extent such disclosure is required by law, including Florida Statutes Ch. 119, rule, regulation or government or court
order.
5. Compliance with Laws and Regulations. Adelphia agrees to comply with all applicable laws, ordinances, rules and
regulations of any governmental entity or agency having jurisdiction with respect to the Facilities or the provision of the Adelphia Service.
City agrees to comply with all applicable laws, ordinances, rules and regulations of any governmental entity or agency having jurisdiction
4
with respect to the Locations. City represents and warrants that its use of the Adelphia Service and the Facilities shall comply in all material
respects with applicable government codes, ordinances, laws, rules, regulations and restrictions.
6. Representations, Warranties and Indemnification.
(a) Adelphia Warranties. Adelphia warrants that (i) it possesses all authorizations, approvals, consents, licenses, permits,
certificates and other rights and permissions necessary to permit Adelphia to install, operate, and offer the Adelphia Service at the
Locations, and (ii) it currently has and will maintain property insurance and commercial general liability insurance in amounts specified in
the City's generally applicable cable television ordinance.
(b) City Warranties. City warrants that it is an incorporated municipality under the laws of the state of Florida and as such, has
the authority to enter into this agreement.
(c) General Warranties. Each Party represents and warrants to the other Party that: (i) such Party has the full right, power and
authority to enter into this Agreement and to perform the acts required of it hereunder; (ii) the execution of this Agreement by such Party,
and the performance by such Party of its obligations and duties hereunder, do not and will not violate any agreement to which such Party is
a party or by which it is otherwise bound; (iii) when executed and delivered by such Party, this Agreement will constitute the legal, valid and
binding obligation of such Party, enforceable against such Party in accordance with its terms; and (iv) such Party acknowledges that the
other Party makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in
this Agreement.
(d) No Additional Warranties. NEITHER PARTY MAKES ANY, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS
ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ADELPHIA SERVICE OR THE
FACILITIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
(e) Limitation on Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THE AGREEMENT, THE USE OR INABILITY TO USE
THE ADELPHIA SERVICE, OR ARISING FROM ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO,
LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED
THAT EACH PARTY WILL REMAIN LIABLE TO THE OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED
BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO THIS SECTION. EXCEPT AS PROVIDED IN THIS
5
SECTION, (I) LIABILITY ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE
DAMAGES, AND (II) THE MAXIMUM LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING IN
CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID UNDER THE AGREEMENT.
(f) Indemnity. Adelphia shall defend, indemnify, save and hold harmless the City and its officers and employees from any and
all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees ("Liabilities"), resulting from Adelphia's
material breach or alleged material breach of any duty, representation, or warranty of this Agreement. The foregoing obligation shall not
apply to any such claim to the extent that it is based on or arises out of (a) any other technology, software or materials provided by,
incorporated or distributed by City hereunder, in which case City shall indemnify Adelphia hereunder; (b) the combination, operation or use
of the Facilities with hardware, data, content or software not supplied by Adelphia; or (c) modifications to the Facilities if the modifications
were not made by Adelphia; (d) use of the Facilities in a manner not contemplated by the documentation. City shall defend, indemnify,
save and hold harmless Adelphia from any and all Liabilities resulting from City's willful, gross, negligent, or criminal acts related to a
material breach of this Agreement to the extent permitted by law.
(9) Claims. If a Party entitled to indemnification hereunder (the "Indemnified Party") becomes aware of any matter it believes is
indemnifiable hereunder involving any claim, action, suit, investigation, arbitration or other proceeding against the Indemnified Party by any
third party (each an "Action"), the Indemnified Party will give the other Party (the "Indemnifying Party") prompt written notice of such Action.
Such notice will (i) provide the basis on which indemnification is being asserted and (ii) be accompanied by copies of all relevant pleadings,
demands, and other papers related to the Action and in the possession of the Indemnified Party. The Indemnifying Party will have a period
of thirty (30) days after delivery of such notice to respond. Notwithstanding the foregoing, the Indemnifying Party shall respond to such
notice promptly enough to provide the Indemnified Party a reasonable time to respond to any legal process or to comply with applicable
law or the rules of a legal proceeding in the event that the Indemnifying Party elects not to defend such Action. If the Indemnifying Party
elects to defend the Action or does not respond within the requisite period, the Indemnifying Party will be obligated to defend the Action, at
its own expense, and by counsel reasonably satisfactory to the Indemnified Party. The Indemnified Party will cooperate, at the expense of
the Indemnifying Party, with the Indemnifying Party and its counsel in the defense and the Indemnified Party will have the right to
participate fully, at its own expense, in the defense of such Action. If the Indemnifying Party responds within the required period and elects
not to defend such Action, the Indemnified Party will be free, without prejudice to any of the Indemnified Party's rights hereunder, to
compromise or defend (and control the defense o~ such Action. In such case, the Indemnifying Party will cooperate, at its own expense,
with the Indemnified Party and its counsel in the defense against such Action and the Indemnifying Party will have the right to participate
fully, at its own expense, in the defense of such Action. Any compromise or settlement of an Action will require the prior consent of both
Parties hereunder, such consent not to be unreasonably withheld or delayed.
6
7. Compliance with Usage Restrictions; Liquidated Damages.
Excess Usage - Adelphia Remedies. Should Adelphia determine that City has used capacity on the Facilities in excess of the
amounts specified for use by City in Exhibit A ("Excess Usage"), Adelphia shall provide notice to City requiring that such Excess Usage
cease immediately. Upon receipt of such notice, City shall immediately cease use of such Excess Usage. After the City's receipt of such
notice, Adelphia may take the following action:
(a) Not less than thirty (30) days following the notice in (i) above, and if the City has not ceased the Excess
Usage, Adelphia may invoice City for liquidated damages for the Excess Usage. The Parties agree that any
Excess Usage by City may cause loss and damage to Adelphia, the amounts of which will be extremely
difficult or impossible to measure. Therefore, the Parties agree that if such excess usage is not the subject
of a dispute and the rate for such actual Excess Usage shall be no more than two (2) times the rate that
Adelphia charges to the City under the terms of this Agreement. The Parties understand and agree that the
terms of this Section 7(a)(ii) describe liquidated damages that City shall pay to Adelphia as a result of the
Excess Usage by City and do not constitute a penalty.
(b) In the alternative, Adelphia may terminate the Agreement for material breach.
8. Term and Termination.
(a) Term. The term of this Agreement shall be as set forth in Exhibit A.
(b) Termination for Breach. This Agreement may be terminated by either Party prior to its expiration if any of the following
events of default occurs: (i) the other Party materially fails to perform or comply with this Agreement or any provision hereof; (ii) the other
Party becomes insolvent or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of
creditors; or (iii) a petition under any bankruptcy act, receivership statute, or the like, as they now exist, or as they may be amended, is filed
by the other Party; or if such a petition is filed by any third party, or an application for a receiver of the other Party is made by anyone and
such petition or application is not resolved favorably to such Party within sixty (60) days. A non-defaulting Party may terminate the
Agreement under (i) above thirty (30) days after written notice of termination clearly titled "Notice of Default" and referencing this contract is
given by the non-defaulting Party to the defaulting Party and the defaulting Party's defaults have not been cured within such thirty (30) day
period. Termination under (ii) and (iii) above shall be effective upon notice. The rights and remedies provided in this Section shall not be
exclusive and are in addition to any other rights and remedies provided by law or this Agreement. In the event a non-defaulting Party in its
discretion elects not to terminate this Agreement, such election shall not be a waiver of any and all claims of that Party for such default(s).
Further, the non-defaulting Party may elect to leave this Agreement in full force and effect and to institute legal action against the defaulting
Party for specific performance and/or damages suffered by such Party as a result of the default(s).
c) Early Termination Liability. In the event this Agreement is terminated due to breach of this Agreement by City, City shall be
7
obligated to pay, in addition to any already accrued liabilities under this Agreement, an early termination fee as set forth below.
Termination during the first three (3) years - 100% of monthly recurring charge for balance of term
Termination during year 4 - 70% of monthly recurring charge for balance of term
Termination during year 5 - 60% of monthly recurring charge for balance of term
Termination during year 6 - 50% of monthly recurring charge for balance of term
Termination during year 7 - 40% of monthly recurring charge for balance of term
Termination during year 8 - 30% of monthly recurring charge for balance of term
Termination during year 9 - 20% of monthly recurring charge for balance of term
Termination during year 10- 10% of monthly recurring charge for balance of term
City shall pay any Early Termination Liability, to be paid monthly as if contract was still in effect. Notwithstanding the above, in the
event Adelphia's Cable Franchise with the City is terminated by Adelphia during the term of this Agreement, the City shall have the right to
terminate this Agreement upon thirty (30) days notice to Adelphia with no liability.
(d) Return of Information. Upon the expiration or termination of this Agreement, each Party will, upon the written request of the
other Party, return or destroy (at the option of the Party receiving the request) all Confidential Information, documents, manuals and other
materials specified by the other Party unless retention of such materials is required by applicable federal, state or local law or regulation.
9. Notices. Any notice, approval, request, consent, authorization, direction or other communication under this Agreement (except
routine operational communications or where otherwise specified) will be given in writing and will be deemed to have been delivered and
given for all purposes (i) on the delivery date if delivered by confirmed facsimile; (ii) on the delivery date if delivered personally to the Party
to whom the same is directed; (iii) one business day after deposit with a commercial overnight carrier, with written verification of receipt; or
(iv) five business days after the mailing date, if sent by U.S. mail, return receipt requested, postage and charges prepaid, or any other
means of rapid mail delivery for which a receipt is available.
In the case of notice to Adelphia, such notice shall be provided to:
Legal Department
Adelphia Cable Communications
5619 DTC Parkway
Greenwood Village, CO 80111
Forward Copies to:
SVP of Operations
Adelphia Cable Communications
1100 Northpoint Parkway, Suite 100
West Palm Beach, FL 33407
And Copies to:
Director of Commercial Data
Ade/phia Communications
1 North Main Street
8
Coudersport, PA 16915
In the case of City, such notice shall be provided to:
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Forward Copies to:
James Cherof
City Attorney
Goren, Cherof, Doody & Ezrol, PA
3099 E. Commercial Blvd., #200
Ft. Lauderdale, FL 33308
10. Intellectual Property. Each Party retains all Intellectual Property Rights in all of its property, including, but not limited to trade
names, trademarks, service marks, symbols, identifiers, formats, designs, devices, identifiers, or proprietary products, services and
information owned by each Party.
11. Miscellaneous.
(a) Governing Law. This Agreement shall be governed by the laws of the United States of America and the State of Florida
without regard to Florida's conflict of laws principles and each Party to this Agreement submits to the exclusive jurisdiction of, the state and
federal courts sitting in Palm Beach County, FL and each Party waives any jurisdictional, venue, or inconvenient forum objections to such
courts
(b) Entire Agreement. This Agreement is the entire agreement between the Parties and is not intended to confer and does not
confer any rights or remedies upon any person or entity other than the Parties to this Agreement. This Agreement sets forth the entire
understanding and agreement of the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous
understandings or agreements related thereto.
(c) Assignment. Adelphia may assign this Agreement to any successor in interest to Adelphia's cable television franchise
agreement with the City as approved by the City, in whole, upon written notice to City. Adelphia may assign this Agreement to an
unaffiliated party that is not a successor in interest to the cable television franchise agreement only with the prior written consent of the
City, which shall not be unreasonably withheld. City may assign this Agreement only with the prior written approval of Adelphia, which
shall not be unreasonably withheld.
(d) Transfer of Adelphia Service. The Adelphia Service is solely provided for use by City. City may not transfer the Adelphia
Service to another person or location without Adelphia's prior written consent.
(e) Remedies. Except where otherwise specified, the rights and remedies granted to a Party under this Agreement are
cumulative and in addition to, and not in lieu of, any other rights or remedies which the Party may possess at law or in equity.
9
(f) No Implied Waiver. The failure of a Party to insist at any time upon the strict performance of any covenant or agreement
herein or to exercise any option, right, power of remedy contained in this Agreement shall not be construed as a waiver or a relinquishment
thereof for the future. Any waiver must be in writing and signed by the Parties.
(g) Severability. In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be
construed or if any such provision is held invalid by a court with jurisdiction over the Parties to this Agreement. (i) such provision will be
deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the
remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect.
(h) No Offer. This Agreement does not constitute an offer by Adelphia and it shall not be effective until signed by both Parties.
(i) Relationship of Parties. The Parties to this Agreement are independent of each other. Neither Party is an agent,
representative or employee of the other Party. Neither Party will have any right, power or authority to enter into any agreement for or on
behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement will not be interpreted or construed to
create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship
upon either Party.
m Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any
delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable
control and which such Party is unable to overcome by the exercise of reasonable diligence.
(k) Survival. Any payment obligations accrued prior to termination or expiration, and any other provision which, by its nature or
express terms should survive, will survive the completion, expiration. termination or cancellation of this Agreement.
(I) Amendment. No change. amendment or modification of any provision of this Agreement will be valid unless set forth in a
written instrument signed by the Party subject to enforcement of such amendment, by a duly authorized officer or employee.
(m) Further Assurances. Each Party will take such action (including, but not limited to, the execution, acknowledgment and
delivery of documents) as may reasonably be requested by any other Party for the implementation or continuing performance of this
Agreement.
(n) Counterparts; Facsimile. This Agreement may be executed in counterparts, each of which will be deemed an original and
all of which together will constitute one and the same document. This Agreement, and written amendments hereto, may be executed by
facsimile.
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(0) Consents; Approvals. Where an activity under this Agreement shall be subject to one Party's prior consent or approval, any
and all such approvals, consents shall not be unreasonably withheld or delayed.
(p) Injunctive Relief. The Parties acknowledge and agree that, notwithstanding any other provisions of this Agreement, breach
of the provisions of this Agreement by a Party shall cause the other Party irreparable damage for which recovery of money damages would
be inadequate and that the non-breaching Party may therefore seek timely injunctive relief to protect its rights under this Agreement in
addition to any and all remedies at law.
(q) Condemnation. If the whole or substantially the whole of the Facilities should be taken for any public or quasi-public use, by
right of eminent domain or otherwise or should be sold in lieu of condemnation, then this Agreement shall terminate as of the date when
physical possession of the Facilities are taken by the condemning authority. If less than the whole of the Facilities used to provide the
Adelphia Service is taken, and in Adelphia's reasonable judgment, it can no longer provide the Adelphia Service as a result of such
condemnation, Adelphia may elect to terminate this Agreement and all of its obligations not yet accrued upon thirty (30) days written notice
to City.
(r) Force Majeure. Neither Party shall be liable to the other for any loss or damage to any property or person occasioned by act
of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of governmental body or authority or by any
other cause beyond the reasonable control of either Party, except as otherwise specifically provided in this Agreement.
WHEREBY, the Parties execute this Agreement as of the Effective Date.
ADELPHIA CABLE PARTNERS, LP "ADELPHIA"
CITY OF BOYNTON BEACH, FLORIDA
By
By
Name (Print)
Name (Print)
Title
Title
Date
Date
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EXHIBIT A-I
1. NAME AND ADDRESS OF SPECIFIED LOCATIONS
City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425
Fire Station #2 2615 W. Woolbright Road, Boynton Beach, FL 33425
Fire Station #3 3501 N. Congress Ave., Boynton Beach, FL 33425
Fire Station #5 East of High Ridge Road & south of Gateway
Senior Center
City Hall at the Mall
Hester Center
Wilson Center
Tennis Center
Police Crime Prevention
Utilities Admin. Bldg.
Water Treatment Plant
1021 S. Federal Hwy., Boynton Beach, FL 33425
801 N. Congress Ave., Boynton Beach, FL 33425
1901 N. Seacrest Blvd., Boynton Beach, FL 33425
211 NW 13th Ave., Boynton Beach, FL 33425
3111 S. Congress Ave., Boynton Beach, FL 33425
111 Yi N. Congress Ave. Boynton Beach, FL 33425
124 E. Woolbright Road, Boynton Beach, FL 33425
5469 W. Boynton Beach Blvd., Boynton Beach, FL 33425
2. SERVICE DESCRIPTION
Adelphia will provide 1 Gbps of unlit digital fiber optic telecommunications transmission capacity between the following locations
in a point-to-point configuration:
A Location Z Location Capacity
City Hall 100 E. Boynton Beach Blvd. I Gbps
Fire Station #2 2615 W. Woolbright Road I Gbps
Fire Station #3 3501 N. Congress Ave. I Gbps
Fire Station #5 East of High Ridge Road & south of Gateway I Gbps
Senior Center 1021 S. Federal Hwy. I Gbps
City Hall at the Mall 801 N. Congress Ave. I Gbps
Hester Center 1901 N. Seacrest Blvd. I Gbps
Wilson Center 211 NW 13th Ave. I Gbps
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Tennis Center 3111 S. Congress Ave. 1 Ghps
Police Crime Prevention III ~ N. Congress Ave. 1 Ghps
Utilities Admin. Bldg. 124 E. W ooIhright Road 1 Ghps
Water Treatment Plant 5469 W. Bovnton Beach Blvd. 1 Ghps
3. PRICE SCHEDULE
For the unlit digital fiber optic telecommunications capacity connection(s), described above, the NRC amount of eighty-three thousand,
nine hundred forty dollars ($83,940.00) is payable upon contract execution. The MRC amount shown below is payable every month
beginning on the date that the City accepts the Acceptance form (Exhibit B) for such location(s), for a total of $5,460.00, per month for I
Gbps. The City may elect, on thirty (30) days prior written notice to Adelphia, to increase the capacity to 2 Gbps at any or all of the sites
listed below for a MRC of $671.00 per site, or increase to 3 Gbps for a MRC of $864.00 per site.
13 Year Term
A Location Z Location Capacity MRC I NRC
City Hall 100 E. Boynton Beach Blvd. 1 Ghps $455.00 $ 5,995.00
Fire Station #2 2615 W. Woolbright Road I Gbps $455.00 $ 5,995.00
Fire Station #3 3501 N. Congress Ave. 1 Gbps $455.00 $ 5,995.00
Fire Station #5 East of High Ridge Road & south of Gateway 1 Gbps $455.00 $17,995.00
Senior Center 1021 S. Federal Hwy. 1 Gbps $455.00 $ 5,995.00
City Hall at the Mall 801 N. Congress Ave. 1 Gbps $455.00 $ 5,995.00
Hester Center 1901 N. Seacrest Blvd. 1 Gbps $455.00 $ 5,995.00
Wilson Center 211 NW 13th Ave. 1 Gbps $455.00 $ 5,995.00
Tennis Center 3111 S. Congress Ave. 1 Gbps $455.00 $ 5,995.00
Police Crime Prevention III ~ N. Congress Ave. 1 Gbps $455.00 $ 5,995.00
Utilities Admin. Bldg. 124 E. Woolbright Road 1 Gbps $455.00 $ 5,995.00
Water Treatment Plant 5469 W. Bovnton Beach Blvd. 1 Gbps $455.00 $ 5,995.00
TOTAL $5, 460.00 $83,940.00
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4. TERM. The term of the Agreement (the "Initial Term") shall be thirteen (13) years from the Effective Date. After the Initial Term,
the Agreement may be renewed for additional periods upon mutual agreement (each period a "Renewal Term"), unless terminated by
either Party pursuant to this Section. At the end of the Initial Term or any subsequent Renewal Term, the Agreement shall be automatically
renewed for successive one-month periods unless either Party gives the other ninety (90) days prior written notice of its intent to terminate
the Agreement. Such monthly renewal periods shall be upon the same terms and conditions as those contained herein,. The Initial Term,
any Renewal Terms and any extension periods are referred to collectively at times in this Agreement as the "Term."
5. INSTALLATION TIMELlNE. Adelphia will provide a project timefine at the beginning of the project giving timelines for
construction and installation of the service. Adelphia will make all best and reasonable efforts to complete project installation within ninety
(90) business days of contract execution and in no event longer than one hundred eighty (180) days after the Effective Date, unless such
delay is due to causes beyond the control of Adelphia. If construction is not completed within the required timeframe, the City may assess
Adelphia liquidated damages in the amount of $1 00 per day until construction is completed.
6. FUTURE SITES. Future sites may be added to this dedicated capacity network for a monthly recurring charge of four hundred
and fifty-five dollars ($455.00) per month beginning on the date that the City accepts the Acceptance form, plus any construction costs
associated with building and terminating fiber into the new location. Upon request for service, Adelphia will conduct a physical site survey
and determine the cost of the project. Those costs will be given to City. If agreed upon, City will pay non-recurring charges before
construction begins.
7. Outage Credits. Adelphia shall correct all service interruptions within forty eight (48) hours after notice from the City. Unless
excused due to causes beyond the control of Adelphia, the City shall receive a credit equal to 1/30th of the monthly recurring charge
("MRC") for all affected sites for each hour that service remains interrupted after the 48 hour cure period up to 1 00% of the MRC.
14
EXHIBIT B
CERTIFICATE OF FINAL ACCEPTANCE
In accordance with the terms and conditions of the Adelphia Commercial Service Agreement, dated ,2005, between
("Company") and ("Adelphia"), the undersigned Company's Representative
hereby certifies:
The Adelphia Service as furnished, delivered, and installed at the Specified Location(s) described below appears to conform to the
specifications and other requirements set forth for the Adelphia Service in the Agreement, as of the date this form is signed below.
Therefore, the Certificate of Final Acceptance is granted by the Company for the Specified Location(s) described below under the terms
and conditions of the Agreement.
This Certificate is being issued for the following Specified Location(s):
A LOCATION
z LOCATION
By
Name (Print)
Title
Date
15
EXHIBIT B
TRANSFER RESOLUTION
46
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, TO CONSENT
5 TO ASSIGNMENT AND CHANGE OF CONTROL AND
6 CONSENT TO ASSIGNMENT OF CABLE SYSTEM AND
7 FRANCHISE; AND PROVIDING AN EFFECTIVE DATE
8
9
10 WHEREAS, cable television franchises have been granted by the City of Boynton
11 Beach, FL ("Franchise Authority") to Adelphia Cable Partners, L.P., National Cable
12 Acquisition Associates, L.P. and Leadership Acquisition, L.P. ("Franchisee-I") and to
13 Adelphia Cablevision of West Palm Beach, LLC ("Franchisee-2"). Franchisee-l are entities
14 that are indirect subsidiaries of Adelphia Communications Corporation ("Adelphia"), and the
15 Rigas Family had an ownership interest in Franchisee-2; and
16 WHEREAS, Adelphia is currently in Chapter 11 bankruptcy proceedings; and
17 WHEREAS, pursuant to an April 25, 2005 U.S. Government forfeiture agreement
18 with the Rigas family and an April 25, 2005 settlement agreement with Adelphia, any
19 remaining Rigas family ownership interest in Franchisee-2 will be terminated and transferred
20 by the U.S. Government to Adelphia (described as the "Government Settlements"); and
21 WHEREAS, on May 20,2005 the United States Bankruptcy Court for the Southern
22 District of New York issued a written decision approving the Government Settlements; and
23 WHEREAS, pursuant to an Asset Purchase Agreement dated April 20, 2005 between
24 Adelphia and Time Warner NY Cable LLC ("TWNY"), the right to purchase the Franchisee-
25 1 's cable system will be assigned by TWNY to a wholly owned subsidiary of TWNY, Cable
26 Holdco Exchange II LLC which will purchase the cable system and franchises (the "Adelphia
27 Transaction"); and
28 WHEREAS, pursuant to an Exchange Agreement dated April 20, 2005 between Time
29 Warner Cable Inc. and Comcast Corporation ("Comcast"), 1 00% of the equity securities in
1 the Comcast subsidiary CAP Exchange I, LLC will be exchanged for 100 percent of the
2 equity securities of Cable Holdco Exchange II LLC whereby that entity will become a 100
3 percent indirect subsidiary of Com cast (the "Exchange Transaction"); and
4 WHEREAS, pursuant to another Asset Purchase Agreement dated April 20, 2005
5 between Adelphia and Comcast, the assets of Franchisee-2 will be acquired by Pamassos,
6 L.P., a wholly-owned subsidiary of Com cast (described as the "Transaction"); and
7 WHEREAS, Franchise Authority has concluded its approval is necessary for the
8 above described Adelphia Transaction, the Exchange Transaction, and the Transaction and
9 has been provided FCC Form 394's and related information for such transactions; and
10 WHEREAS, the Franchise Authority is willing to consent to the Adelphia
11 Transaction, the Exchange Transaction, and the Transaction described above; and
12 WHEREAS, the Dedicated Capacity Agreement executed on _, 2005, by and
13 between the Franchise Authority and Adelphia Cable Partnership, L.P., a Delaware Limited
14 Partnership doing business as Adelphia Communications Corporation (the "Dedicated
15 Capacity Agreement") is a contract entered into in connection with the franchise agreements
16 being transferred.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19 SECTION 1. The foregoing recitals are approved and incorporated herein by
20 reference.
21 SECTION 2. The Franchise Authority consents to the Adelphia Transaction
22 described herein.
23 SECTION 3. The Franchise Authority consents to the Exchange Transaction
24 described herein.
1 SECTION 4. The Franchise Authority consents to the Transaction described herein.
2 SECTION 5. This Resolution shall be deemed effective upon adoption.
3 SECTION 6. This Resolution shall have the force of a continuing agreement with the
4 Franchisee-1 and Franchisee-2 and the Franchise Authority shall not amend or otherwise alter
5 this Resolution without the consent of the Franchisee-l and Franchisee-2.
6 SECTION 7. This Resolution shall also acknowledge that any franchise agreement
7 transferred pursuant hereto has associated with it the corresponding obligations and benefits
8 set forth in the Dedicated Capacity Agreement.
9
PASSED AND ADOPTED this
day of
,2005.
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
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(city seal)
XII. - LEGAL
ITEM C.!
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 LJ
May 3,2005 April 18, 2005 (Noon) . ' July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2,2005 (Noon) [8J July 19,2005 July 5, 2005 (Noon)
.") --i
, '-1~~
0 ,c.!
0 Administrative Development Plans )-q
0 0 N ":-~"~J
NATURE OF Consent Agenda New Business iC.)
u::" 8-<
AGENDA ITEM 0 Public Hearing [gJ Legal
;L" _} '-1
0 Bids 0 Unfmished Business _C~ c.
~,~ , "'~J-'
~ ....'-
0 t~ .,
0 Announcement Presentation .--r-l0~1
--Gl
0 City Manager's Report C~) ::;~>
010
--
RECOMMENDATION: Resolution authorizing Intralocal agreement between City and CRA for land acquisition in the
Heart of Boynton Area.
EXPLANATION: The CRA Board has requested that the City work with the CRA on certain land acquisition for
redevelopment activities in the Heart of Boynton Redevelopment Area. This agreement sets the stage for cooperative work
between the City and the CRA to facilitate the purchase of property for redevelopment either by voluntary purchase (preferred
mode) or by eminent domain. No specific authorization is sought by the CRA for eminent domain via this agreement.
Rather, that authorization, if needed, would be sought through presentation of a subsequent resolution of necessity or
resolutions of necessity. The City Commission retains the sole authority to authorize eminent domain for land purchases. The
agreement also calls for swap of City-owned property on Martin Luther King Boulevard with the CRA for replacement
recreation property west of Seacrest.
FISCAL IMPACT: The costs associated with property research, appraisals, survey, legal acquisition and relocation
assistance, as needed would be borne by the CRA.
AL TERNA TlVES: Do not authorize the Intralocal agreement. Property purchase in the HOB area by the CRA would
be voluntary. This may have an adverse inpact on successful implementation of the CRA/Commission approved HOB Plan.
Department Head's Signature
City Manager's Signature
Department Name
"
---~~
City Attorney / Finance I Human Resources
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R05-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
8 BOYNTON BEACH AND THE BOYNTON BEACH
9 COMMUNITY REDEVELOPMENT AGENCY FOR
10 LAND ACQUISITION IN THE HEART OF BOYNTON
11 AREA; AND PROVIDING AN EFFECTIVE DATE.
]2
13
14 WHEREAS, the CRA Board has requested the City of Boynton Beach work with the
] 5 CRA on certain land acquisitions for redevelopment activities in the Heart of Boynton
] 6 Redevelopment Area; and
17 WHEREAS, as the result of the City Commission reserving the power of eminent
] 8 domain to itself when it formed the CRA, it may be necessary to acquire some properties
] 9 through the eminent domain process; and
20 WHEREAS, the Interlocal Agreement outlines the cooperative work between the City
21 and the CRA to facilitate purchase of property for redevelopment either by voluntary purchase
22 or through eminent domain proceedings; and
23 WHEREAS, the City Commission of the City of Boynton Beach, upon
24 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
25 City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton
26 Beach and Boynton Beach Community Redevelopment Agency outlining the responsibilities
27 relating to the Heart of Boynton Redevelopment project.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA \RESO\Agreements\lnterlocals\ILA v,ith CRA (HOB project).doc
Section 1.
Each Whereas clause set forth above IS true and correct and
2 incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
3
4 hereby approve the Interlocal Agreement between the City of Boynton Beach and the Boynton
5 Beach Community Redevelopment Agency outlining the responsibilities relating to the Heart
6 of Boynton Redevelopment project, a copy of said Agreement is attached hereto as Exhibit
7 "A".
Section 3.
That this Resolution shall become effective immediately upon passage.
8
9
PASSED AND ADOPTED this _ day of
,2005.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
30 City Clerk
31
32
33 (Corporate Seal)
34
35
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreernents\Interlocals\HAwith CRA {HOB pTOject).doc
AGREEMENT FOR THE BOYNTON BEACH -
HEART OF BOYNTON PROJECT
THIS IS AN AGREEMENT, made and entered into this _ day of , 2005,
by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "CITY").
WHEREAS, the CITY has adopted a plan, known as the Heart of Boynton Plan, to promote
rehabilitation and redevelopment of a designated area within the CRA boundaries (see description
and map thereof attached hereto as Exhibit "A", hereinafterreferred to as the "HOB Property"); and
WHEREAS, the CITY and the CRA find that the Heart of Boynton Plan is consistent with
the mission and powers of the CITY and the CRA to engage in redevelopment activities as described
in the Community Redevelopment Act of 1969; and,
WHEREAS, the CRA plans to acquire certain properties within the HOB (see description and
plan attached hereto as Exhibit "B"); and
WHEREAS, the CITY plans to acquire or owns certain properties within the HOB (see
description and plan attached hereto as Exhibits "C & D"); and
WHEREAS, as the result of the CITY having reserved the power of eminent domain to itself
when it formed the CRA, it may be necessary to acquire some properties through the process of
eminent domain; and
WHEREAS, if the CITY acquires properties through the process of eminent domain for the
CRA as described in Exhibit "D", then the CRA shall pay for all the costs for the property acquisition
including, but not limited to, all litigation expenses, attorneys' fees, expert witness fees and just
compensation paid to any property owner or other interested party; and
WHEREAS, the CRA will be acquiring property located in the HOB area in order to
exchange said property with the CITY (joined by Palm Beach County ("County") if necessary) Isee
description and map attached hereto as Exhibit "E"; and
WHEREAS, the parties hereto desire to outline the responsibilities relating to the HOB
assembly;
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the CRA and the CITY agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
I The City owns property that was transferred from Palm Beach County but which is subject to a public park or open
space use restriction. The property can be better used for redevelopment consistent with the HOB Plan with a park
or open space in an alternate location. A land exchange is contemplated and the consent of the County may be
required.
Page 1
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dch.print.docM:\lnterJocal Agreementsl.HOB mte local" Bci.. HOB project.Cit)'CR:\ Revised 6.27.0S.Revised dCR.print.doc
2.0 Responsibilities of the CRA.
2.1 The CRA shall attempt to acquire voluntarily the properties described in Exhibit "B".
2.2 Upon request of the CRA, the CITY may, in its sole and absolute discretion, elect to
file, maintain, prosecute, settle or otherwise dispose of any eminent domain action for the purpose of
acquiring the HOB property identified in Exhibit "B".
2.3 Should the CITY acquire properties through the process of eminent domain for the
CRA as descripted in Exhibit "D", then the CRA shall pay for all of the CITY'S costs of said
properties' acquisition including, but not limited to, all litigation expenses attorneys' fees, expert
witness fees and costs.
2.4 Should title be obtained by the CRA for the property described in Exhibit "E", then
the CRA agrees to convey said property to the County or the City as a part of a land swap should
such a land swap be agreeable to the County, and at no cost or expense to the CITY.
3.0 Responsibilities of the CITY.
3.1 The CITY, upon the request of the CRA, and in its sole and absolute discretion, may
acquire, elect to file, maintain, prosecute, settle or otherwise dispose of any eminent domain action
for the purpose of acquiring the HOB property identified in Exhibit "B". Should the CITY acquire
properties through the process of eminent domain for the CRA as de scripted in Exhibit "D", then the
CRA shall pay for all ofthe CITY'S costs of said properties' acquisition including, but not limited to,
all litigation expenses, attorneys' fees, expert witness fees and costs.
3.2 The CITY may acquire all of the properties described In Exhibit "D" either
voluntarily or through the process of eminent domain.
3.3 The CITY agrees that the property described in Exhibit "E"(described as "City
Properties") shall be traded to the CRA for the property described in Exhibit "E" (described as CRA
Properties Purchased and/or Paid Eminent Domain Costs").
4.0 Term of Agreement. The term of this Agreement shall begin on the Effective Date
as defined herein and end when:
a. All of the property to be acquired has been acquired; and
b. When the land to be swapped to the County or the CITY has been properly titled to
the CRA (if such land swap occurs); and
c. When the CITY or CRA cease to be the owner of the Property so titled to each entity.
5.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
Page 2
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.dch.print.docM:'.lHterleeal.^.greemenln'.HOB Interleeal'.BBCRA. HOB pr-ojeet.Cil)'CRi'. Revise6 (1.27.0 . e'/isoo ell.print.lIee
6.0
parties and
Agreement.
Entire Agreement. This Agreement constitutes the entire understanding of the
any previous agreements, whether written or oral, are hereby superseded by this
This Agreement may be modified in accordance with paragraph 7.0 below.
7.0 Modification of Agreement. This Agreement may be modified upon mutual consent
ofthe parties only in writing, and executed with the same dignity herewith.
8.0 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
9.0 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Florida, with venue lying in Palm Beach County, Florida.
10.0 Remedies. Any and all legal actions necessary to enforce this Agreement will be
conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended
to be exclusive of any other remedy, and each and every such remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right, power or remedy hereunder shall preclude any other or further exercise hereof.
11.0 Interpretation. This Agreement shall not be construed more strictly against one
party than against the other merely by virtue of the fact that it may have been prepared by counsel for
one of the parties.
12.0. Effective Date. This Agreement shall become effective on the date last signed by
the parties.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
Signed and Seal and Witnessed
in the presence of:
CITY OF BOYNTON BEACH, FL
Witness
Mayor
Witness
A TrEST:
Approved as to Form:
Page 3
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dch.print.docM:\lflterleea ,A.greemeflls'HOB Iflt IBeal' HCR,'\ HOB project.CityCR;\ Revised 6.27.05.Re'lised ddl.pril1t.doc
City Clerk
Signed, sealed and witnessed in the
Presence of:
Witness
Witness
State of Florida )
)ss.
County of Palm Beach)
CRA
City Attorney
Chair
Approved as to Form:
CRA Attorney
Personally appeared before me duly authorized to administer oaths , to me known to be the
person described herein and who executed the foregoing instrument and has acknowledged before me
and has executed the same.
Notary Public
My Commission Expires:
Page 4
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dch.vrint.docM:\lnterlocal AgreemeAts'.HOB Jntcrlecal'.BBCR'\ HOB pT~jeet.Cit)'CR'. Reyisee 6.27.0 . e\'isee A.print.lIee
AGREEMENT FOR THE BOYNTON BEACH-
HEART OF BOYNTON PROJECT PHASE I
THIS IS AN AGREEMENT, made and entered into this _ day of , 2005,
by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "CITY").
WHEREAS, the CITY has adopted a plan, known as the Heart of Boynton Plan, to promote
rehabilitation and redevelopment of a designated area within the CRA boundaries (see description
and map thereof attached hereto as Exhibit "A", hereinafter referred to as the "HOB Property"); and
WHEREAS, the CITY and the CRA find that the Heart of Boynton Plan is consistent with
the mission and powers of the CITY and the CRA to engage in redevelopment activities as described
in the Community Redevelopment Act of 1969; and,
WHEREAS, the CRA plans to acquire certain properties within the HOB Property Phase I I
(see description and plan attached hereto as Exhibit "B"); and
WHEREAS, the CITY plans to acquire or owns certain properties within the HOB Property
Phase I (see description and plan attached hereto as Exhibits "D~ & ED"); and
WHEREAS, as the result of the CITY having reserved the power of eminent domain to itself
when it formed the CRA, it may be necessary to acquire some properties through the process of
eminent domain; and
WHEREAS, if the CITY acquires properties through the process of eminent domain for the
CRA as described in Exhibit "ED", then the CRA shall pay for all the costs for the property
acquisition including, but not limited to, all litigation expenses, ane-attorneys' fees, expert witness
fees and just compensation paid to any property owner or other interested party; and
WHEREAS, the CRA will be acquiring property located in the HOB Phase I area in order to
exchange said property with the CITY (joined by Palm Beach County ("County") if necessary) I see
description and map attached hereto as Exhibit "FE"; and
WHEREAS, the parties hereto desire to outline the responsibilities relating to the HOB
Property Phase I assembly;
NOW THEREFORE, in consideration of the mutual promIses and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the CRA and the CITY agree as follows:
I The City owns property that was transferred from Palm Beach County but which is subject to a public park or open
space use restriction. The property can be better used for redevelopment consistent with the HOB Plan with a park
or open space in an alternate location. A land exchange is contemplated and the consent of the County may be
required.
Page I
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C:\Documents and Settin:;\ferraral\LoCal settin~S\T~orarv Internet FiJes\OLKDI\BBCRA HOB proiecLCitvCRA Revised 6.27.05.revised
dch.docM:\InterlecaJ A eemeAts\HOB Inter oeal\B CJ0~ HOB llTeieeI.CitvCR.\ Revised e.27.95.reyised dch.doc~1:\.Iflll"rJocul
Agrecmen1<;\HOB InlerJflc~r\BBCR"\ HOB pTojeet.Cit){:R\ Revised 6.I.05.Revi.;ed dch.pTiflt.doc
1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
2.0 Responsibilities of the CRA.
2.1 The CRA shall attempt to acquire voluntarily the properties described in Exhibit "B".
2.2 Upon request of the CRA, the CITY may, in its sole and absolute discretion, elect to
file, maintain, prosecute, settle or otherwise dispose of any eminent domain action for the purpose of
acquiring the HOB property identified in Exhibit ~B:.
2.3 Should the CITY acquire properties through the process of eminent domain for the
CRA as de scripted in Exhibit "eD", then the CRA shall pay for all of the CITY'S costs of said
properties' acquisition including, but not limited to, all litigation expenses attorneys' fees, expert
witness fees and costs.
2.4 Should title be obtained by the CRA for the property described in Exhibit "F~", then
the CRA agrees to convey said property to the County or the City as a part of a land swap should
such a land swap be agreeable to the County, and at no cost or expense to the CITY.
3.0 ResponsibiJities of the CITY.
3.1 The CITY, upon the request of the CRA, and in its sole and absolute discretion, may
acquire, elect to file, maintain, prosecute, settle or otherwise dispose of any eminent domain action
for the purpose of acquiring the HOB property identified in Exhibit "B". Should the CITY acquire
properties through the process of eminent domain for the CRA as descripted in Exhibit "ED", then
the CRA shall pay for all of the CITY'S costs of said properties' acquisition including, but not
limited to, all litigation expenses, attorneys' fees, expert witness fees and costs.
3.2 The CITY may acquire all of the properties described in Exhibit "ED" either I
voluntarily or through the process of eminent domain.
3.3 The CITY agrees that the property described in Exhibit "F~"(described as "City
Properties") shall be traded to the CRA for the property described in Exhibit "F~" (described as
CRA Properties Purchased and/or Paid Eminent Domain Costs").
4.0 Term of Agreement.' The term of this Agreement shall begin on the Effective Date
as defined herein and end when:
a. All ofthe property to be acquired has been acquired; and
b. When the land to be swapped to the County or the CITY has been properly titled to
the CRA (if such land swap occurs); and
c. When the CITY or CRA cease to be the owner of the Property so titled to each entity.
5.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
Page 2
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C:\Documents and SettingslferrarallLocal Settin~sITem~ Internet FilesIOLKDI\BBCRA HOB Pro~ect.Ci~CRA Revised 6.27.05.TCVised
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XII. - LEGAL
ITEM C.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 April 5, 2005
0 April 19.2005
0 May 3, 2005
0 May 17, 2005
March 14,2005 (Noon.)
o June 7, 2005
o June 21, 2005
o July 5, 2005
~ July 19,2005
May 16, 2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
April 18, 2005 (Noon)
June 20, 2005 (Noon)
May 2,2005 (Noon)
July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
~ Legal
o UnfInished Business
o Presentation
RECOMMENDATION: To approve a Preliminary Rate Resolution for the Fire Assessment
EXPLANATION: The staff has analyzed the projected revenue needs for the Fire Assessment for FY 2005-06. The
City's Consultant prepared an analysis of housing counts and has recommended that the City stay at the 2004-05
levels so as to not increase the rate for single-family and commercial properties. The methodology for assessment of
non-residential is the same as the 2004-05 rate system (tiered rate system). Once the City Commission has adopted a
preliminary rate resolution, the notices to property owners will be sent out. A public hearing on the final 2005-06 Fire
Assessment rate will be conducted on Tuesday, September 13, 2005. At that time the City Commission may elect to
affirm the 2005-06 Fire Assessment Rates or reduce them.
PROGRAM IMPACT: This is the legal requirement to establish the basis for the formal public hearing on September
13, 2005.
FISCAL IMPACT: The single-family residential rate stays at $70. The multi-family rate stays at $42. The
Commercial and Industrial rates at the same tiered rates as 2004-05. The retaining of the current rate structure is an
integral element in insuring adequate funding to continue with the Fire Rescue capital expansion program.
ALTERNATIVES: Capital construction funds for the completion ofrelocating Fire station No.2 and the
construction of Fire station No.5 (which includes Fire Administration headquarters) would need to be obtained
through borrowing. Also, alternatives to the program include the suspension of the program with completion of
Station 4 (SE). Operating funds to staff the SE station would not be available without General Fund budget cuts or
an increase in the City property tax rate.
~
-
Department Head's Signature
City Manager's Signature
F", r<. ~ ~ So c.t.J<...
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
CRITICAL EVENTS SCHEDULE
(1st and:rd Tuesdays at 6:30 p.m.)
EVENT DATE
Development Preliminary Assessment Roll June - August 2005
GSG provides preliminary annual Assessment Roll to City June 20,2005
City Staff provides comments on preliminary Assessment Roll July 1,2005
NG&N provides draft Preliminary Assessment Resolution for GSG comments June 24, 2005
GSG provides comments on Preliminary Assessment Resolution June 28, 2005
NG&N provides City with draft Preliminary Assessment Resolution By July 1, 2005
City staff provides comments re: Preliminary Assessment Resolution By July 8, 2005
NG&N provides Preliminary Assessment Resolution for agenda package July 12, 2005
City Commission adopts Preliminary Assessment Resolution July 19, 2005
GSG transmits published notice reminder letter to City July 20, 2005
GSG provides TRIM information to County Property Appraiser July 29, 2005
NG&N provides draft Annual Assessment Resolution for GSG comments August 19,2005
GSG provides comments on Annual Assessment Resolution August 23, 2005
Publish Notice of Public Hearing to adopt Annual Assessment Resolution August 23, 2005
Property Appraiser mails TRIM notices to affected property owners August 23, 2005
NG&N provides City with draft Annual Assessment Resolution August 26, 2005
Test tape of Non-Ad Valorem Assessment Roll to Palm Beach County Tax Collector August 26, 2005
City staff provides comments re: Annual Assessment Resolution September 1,2005
NG&N provides Annual Assessment Resolution for agenda package September 7, 2005
Public Hearing to adopt Annual Assessment Resolution (see notes) September 13, 2005
City certifies Non-Ad Valorem Assessment Roll to Palm Beach County Tax Collector September 15, 2005
NOTES:
1. The property appraiser must be notified that the Trim Notices have to be mailed by August 23, 2005, for the City to
hold a special Public Hearing on September 13, 2005.
2. This is a special meeting subject to the Property Appraiser's timeframe for processing
TRIM notices.
Rev. 03/28/05
CITY OF BOYNTON BEACH, FLORIDA
PRELIMINARY RATE RESOLUTION
ADOPTED JULY 19, 2005
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
APPENDIX A:
APPENDIX B:
APPENDIX C:
TABLE OF CONTENTS
Page
AUTHORITY. ........ ............. .................................... ....... ....... ...... .....1
PURPOSE AND DEFINITIONS. ................ ......... ..................... ....... 1
PROVISION AND FUNDING OF FIRE RESCUE SERVICES. .......2
IMPOSITION AND COMPUTATION OF FIRE RESCUE
ASSESSMENTS. ............................................................................ 2
LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT
AND FAIR APPORTIONMENT. .................. .... ..... ............. .... .......... 2
COST APPORTIONMENT AND PARCEL APPORTIONMENT
METHODOLOGI ES......................................................................... 3
DETERMINATiON OF FIRE RESCUE ASSESSED COSTS;
ESTABLISHMENT OF ANNUAL FIRE RESCUE
ASSESSMENT RATES....... ................ ........................................ .... 3
AUTHORIZATION OF PUBLIC HEARING......................................5
NOTICE BY PUBLICATION. .. ..................... ...... ................... ........ ... 5
NOTICE BY MAIL........ ................................. ............... ......... ....... .... 6
APPLICATION OF ASSESSMENT PROCEEDS. ...........................6
EFFECTIVE DATE............ ............ ................... ................. ..............7
ESTIMATED FIRE RESCUE ASSESSMENT
RATE SCHEDULE..... ................. .... .......... ...... ............. ......... ...... A-1
FORM OF NOTICE TO BE PUBLISHED .................................... B-1
FORM OF NOTICE TO BE MAILED ........................................... C-1
CITY OF BOYNTON BEACH, FLORIDA
RESOLUTION NO.
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RELATING TO THE PROVISION OF FIRE
RESCUE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF BOYNTON BEACH, FLORIDA;
ESTABLISHING THE ESTIMATED ASSESSMENT RATE
FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2005; DIRECTING THE
PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA;
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions
of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), Amending Fire
Rescue Assessment Ordinance (Ordinance No. 01-56) (collectively referred to as "the
Ordinance); the Initial Assessment Resolution (Resolution No. R01-217); the Final
Assessment Resolution (Resolution No. R01-249); sections 166.021 and 166.041,
Florida Statutes; and other applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the
Preliminary Rate Resolution as defined in the Ordinance which initiates the annual
process for updating the Assessment Roll and directs the reimposition of Fire Rescue
Assessments for the Fiscal Year beginning October 1, 2005. All capitalized words and
terms not otherwise defined herein shall have the meanings set forth in the Ordinance,
the Initial Assessment Resolution and the Final Assessment Resolution. Unless the
1
context indicates otherwise, words imparting the singular number, include the plural
number, and vice versa.
SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES.
(A) Upon the imposition of Fire Rescue Assessments for fire rescue services,
facilities, or programs against Assessed Property located within the City, the City shall
provide fire rescue services to such Assessed Property. A portion of the cost to provide
such fire rescue services, facilities, or programs shall be funded from proceeds of the
Fire Rescue Assessments. The remaining cost required to provide fire rescue services,
facilities, and programs shall be funded by legally available City revenues other than
Fire Rescue Assessment proceeds.
(8) It is hereby ascertained, determined, and declared that each parcel of
Assessed Property located within the City will be benefited by the City's provision of fire
rescue services, facilities, and programs in an amount not less than the Fire Rescue
Assessment imposed against such parcel, computed in the manner set forth in this
Preliminary Rate Resolution.
SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE
ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels
within the Property Use Categories. Fire Rescue Assessments shall be computed in
the manner set forth in this Preliminary Rate Resolution.
SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND
FAIR APPORTIONMENT. The legislative determinations of special benefit and fair
apportionment embodied in the Ordinance, the Initial Assessment Resolution, and the
Final Assessment Resolution are affirmed and incorporated herein by reference.
2
SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT
METHODOLOGIES.
(A) Except as provided in subparagraph (B) below, the Cost Apportionment
and Parcel apportionment and the applicable explanatory appendices embodied and
incorporated in the Initial Assessment Resolution and the Final Assessment Resolution
are affirmed and incorporated herein by reference.
(B) Due to a scrivener's error, Appendix E, Section E-2(F), of the Initial
Assessment Resolution, as confirmed by the Final Assessment Resolution, is hereby
amended as follows:
(F) For each of the non-residential Property Use
Categories, multiply the resulting quotients from subsection
(Aj {!;.2 of this Section by each of the respective products in
subsections (C)(1) through (C)(9) of this Section. The
resulting products for each non-residential Property Use
Category expresses a series of gross dollar amounts
expected to be funded by all Buildings in the respective non-
residential Property Use Categories in each of the square
footage categories described in subsection (B) of this
Section.
[strikothrough indicates deletion; underline indicates additions.]
SECTION 7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS;
ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES.
(A) The Fire Rescue Assessed Costs to be assessed and apportioned among
benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for
the Fiscal Year commencing October 1, 2005, is the amount determined in the
Estimated Fire Rescue Assessment Rate Schedule, attached hereto as Appendix A.
The approval of the Estimated Fire Rescue Assessment Rate Schedule by the adoption
3
of this Preliminary Rate Resolution determines the amount of the Fire Rescue Assessed
Costs. The remainder of such Fiscal Year budget for fire rescue services, facilities, and
programs shall be funded from available City revenue other than Fire Rescue
Assessment proceeds.
(B) The estimated Fire Rescue Assessments specified in the Estimated Fire
Rescue Assessment Rate Schedule are hereby established to fund the specified Fire
Rescue Assessed Costs determined to be assessed in the Fiscal Year commencing
October 1, 2005. No portion of such Fire Rescue Assessed Costs are attributable to
impact fee revenue that funds capital improvements necessitated by new growth or
development. Further, no portion of such Fire Rescue Assessed Costs are attributable
to the Emergency Medical Services Cost.
(C) The estimated Fire Rescue Assessments established in this Preliminary
Rate Resolution shall be the estimated assessment rates applied by the City Manager
in the preparation of the updated Assessment Roll for the Fiscal Year commencing
October 1, 2005 as provided in Section 8 of this Preliminary Rate Resolution.
SECTION 8. ANNUAL ASSESSMENT ROLL.
(A) The City Manager is hereby directed to prepare, or cause to be prepared,
an updated Assessment Roll for the Fiscal Year commencing October 1, 2005, in the
manner provided in the Ordinance. The updated Assessment Roll shall include all Tax
Parcels within the Property Use Categories. The City Manager shall apportion the
estimated Fire Rescue Assessed Cost to be recovered through Fire Rescue
Assessments in the manner set forth in this Preliminary Rate Resolution. A copy of this
Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final
4
Assessment Resolution, documentation related to the estimated amount of the Fire
Rescue Assessed Cost to be recovered through the imposition of Fire Rescue
Assessments, and the updated Assessment Roll shall be maintained on file in the office
of the City Clerk and open to public inspection. The foregoing shall not be construed to
require that the updated Assessment Roll proposed for the Fiscal Year beginning
October 1, 2005 be in printed form if the amount of the Fire Rescue Assessment for
each parcel of property can be determined by the use of a computer terminal available
to the public.
(B) It is hereby ascertained, determined, and declared that the method of
determining the Fire Rescue Assessments for fire rescue services as set forth in this
Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire
Rescue Assessed Cost among parcels of Assessed Property located within the City.
SECTION 9. AUTHORIZATION OF PUBLIC HEARING. There is hereby
established a public hearing to be held at 6:30 p.m. on September 13, 2005, in City
Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton
Beach, Florida, at which time the City Commission will receive and consider any
comments on the Fire Rescue Assessments from the public and affected property
owners and consider imposing Fire Rescue Assessments for the Fiscal Year beginning
October 1, 2005 and collecting such assessments on the same bill as ad valorem taxes.
SECTION 10. NOTICE BY PUBLICATION. The City Manager shall
publish a notice of the public hearing authorized by Section 9 of this Preliminary Rate
Resolution in the manner and time provided in Section 2.04 of the Ordinance. The
5
notice shall be published no later than August 23, 2005, in substantially the form
attached hereto as Appendix B.
SECTION 11. NOTICE BY MAIL.
(A) The City Manager shall provide notice by first class mail to the Owner of
each parcel of Assessed Property in the event circumstances described in Section
2.08(F) of the Ordinance so require. Such notice shall be in substantially the form
attached hereto as Appendix C. Such notices shall be mailed no later than August 23,
2005.
(B) In accordance with Section 2.05(B) of the Ordinance and pursuant to
Chapter 92-264, Laws of Florida, a special act relating to the Property Appraiser, the
City Commission shall provide additional notice of the Fire Rescue Assessment as part
of the notice of proposed property taxes under Section 200.069, Florida Statutes, the
truth-in-millage notification.
(C) If the City determines that the notice provided under paragraph (B) of this
Section 11 also fulfills the requirements of paragraph (A) of this Section 11, then the
separate mailing requirement described in paragraph (A) will be deemed to be fulfilled
by the notice described in paragraph (B).
SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds
derived by the City from the Fire Rescue Assessments shall be used for the provision of
fire rescue services, facilities, and programs. In the event there is any fund balance
remaining at the end of the Fiscal Year, such balance shall be carried forward and used
only to fund fire rescue services, facilities, and programs.
6
SECTION 13.
EFFECTIVE DATE. This Preliminary Rate Resolution shall
take effect immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 19th day of July, 2005.
Jerry Taylor, Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
Janet Prianito, City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
James A. Cheraf
City Attorney
7
APPENDIX A
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE
APPENDIX A
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE
SECTION A-1.
DETERMINATION OF FIRE RESCUE ASSESSED COSTS.
The estimated Fire Rescue Assessed Costs to be assessed for the Fiscal Year
commencing October 1,2005, is $2,931,104.00.
SECTION A-2.
ESTIMATED FIRE RESCUE ASSESSMENTS.
(A) The estimated Fire Rescue Assessments to be assessed and apportioned
among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment
to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing
October 1, 2005, are hereby established as follows for the purpose of this Preliminary
Rate Resolution:
RESIDENTIAL
PROPERTY USE Rate Per
CATEGORIES Dwelling Unit
Single Family Residential $70
Multi-Family Residential $42
NON-RESIDENTIAL Building
PROPERTY USE Classification (in Industriall Nursing
CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes
< 1,999 $ 126 $ 35 $ 198 $ 198
2,000 - 3,499 $ 252 $ 69 $ 396 $ 396
3,500 - 4,999 $ 441 $ 121 $ 693 $ 693
5,000 - 9,999 $ 629 $ 173 $ 990 $ 990
10,000 - 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980
20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960
30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940
40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921
~ 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901
A-1
(B) No Fire Rescue Assessment shall be imposed upon a parcel of
Government Property or upon Buildings located upon parcels of Institutional Property
whose Building use is wholly exempt from ad valorem taxation under Florida law.
(C) Any shortfall in the expected Fire Rescue proceeds due to any reduction
or exemption from payment of the Fire Rescue Assessments required by law or
authorized by the Commission shall be supplemented by any legally available funds, or
combination of such funds, and shall not be paid for by proceeds or funds derived from
the Fire Rescue Assessments. In the event a court of competent jurisdiction determines
any exemption or reduction by the Commission is improper or otherwise adversely
affects the validity of the Fire Rescue Assessment imposed for this Fiscal Year, the sole
and exclusive remedy shall be the imposition of a Fire Rescue Assessment upon each
affected Tax Parcel in the amount of the Fire Rescue Assessment that would have been
otherwise imposed save for such reduction or exemption afforded to such Tax Parcel by
the Commission.
A-2
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Published No Later Than August 23,2005
[INSERT MAP OF CITY]
NOTICE OF HEARING TO REIMPOSE AND
PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Boynton Beach will
conduct a public hearing to consider reimposing fire rescue special assessments for the
provision of fire rescue services within the City of Boynton Beach for the Fiscal Year
beginning October 1, 2005.
The hearing will be held at 6:30 p.m. on September 13, 2005, in the City
Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton
Beach, Florida, for the purpose of receiving public comment on the proposed
assessments. All affected property owners have a right to appear at the hearing and to
file written objections with the City Commission within 20 days of this notice. If a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at the hearing, such person 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 made. In accordance with the Americans with
Disabilities Act, persons needing a special accommodation or an interpreter to
participate in this proceeding should contact Joyce Costello in the City Clerk's office at
(561)742-6013 at least 3 days prior to the date of the hearing.
B-1
The assessment for each parcel of property will be based upon each parcel's
classification and the total number of billing units attributed to that parcel. The following
table reflects the proposed fire rescue assessment schedule.
RESIDENTIAL
PROPERTY USE Rate Per
CATEGORIES Dwelling Unit
Single Family Residential $70
Multi-Family Residential $42
NON-RESIDENTIAL Building
PROPERTY USE Classification (in Industrial! Nursing
CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes
< 1,999 $ 126 $ 35 $ 198 $ 198
2,000 - 3,499 $ 252 $ 69 $ 396 $ 396
3,500 - 4,999 $ 441 $ 121 $ 693 $ 693
5,000 - 9,999 $ 629 $ 173 $ 990 $ 990
10,000 - 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980
20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960
30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940
40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921
~ 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901
Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34),
Amending Ordinance No. 01-56, the Initial Assessment Resolution (Resolution No. R01-
217), the Final Assessment Resolution (Resolution No. R01-249), the Preliminary Rate
Resolution initiating the annual process of updating the Assessment Roll and
reimposing the Fire Rescue Assessments, and the updated Assessment Roll for the
upcoming fiscal year are available for inspection at the City Clerk's office in City Hall,
located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
The assessments will be collected on the ad valorem tax bill to be mailed in
November 2005, as authorized by section 197.3632, Florida Statutes. Failure to pay
the assessments will cause a tax certificate to be issued against the property which may
result in a loss of title.
B-2
If you have any questions, please contact the Finance Department at (561 )732-
6310, Monday through Friday between 9:00 a.m. and 5:00 p.m.
B-3
CITY CLERK
OF BOYNTON BEACH, FLORIDA
APPENDIX C
FORM OF NOTICE TO BE MAILED
APPENDIX C
FORM OF NOTICE TO BE MAILED
* * * * * NOTICE TO PROPERTY OWNER * * * * *
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida [zip code]
CITY OF BOYNTON BEACH, FLORIDA
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF FIRE RESCUE
NON-AD VALOREM ASSESSMENTS
NOTICE DATE: AUGUST 23, 2005
Owner Name
Address
City, State Zip
Tax Parcel #:
Legal Description:
Sequence:
As required by section 197.3632, Florida Statutes, and the direction of the City
Commission, notice is given by the City of Boynton Beach that an annual assessment for
fire rescue services using the tax bill collection method, may be levied on your property.
The use of an annual special assessment to fund fire rescue services benefiting
improved property located within the City of Boynton Beach in the past has proven to be
fair, efficient and effective. The total annual fire rescue assessment revenue to be
collected within the City of Boynton Beach is estimated to be $2,931,104.00 for fiscal
year October 1, 2005 - September 30, 2006. The annual fire rescue assessment is
based on the classification of each parcel of property and number of billing units
contained therein plus any unpaid or delinquent assessments for Fire Rescue.
The above parcel is classified as
The total number and type of billing units on the above parcel is
The annual Fire Rescue Assessment for the above parcel is $ for fiscal
year 2005-06 and future fiscal years.
A public hearing will be held at 6:30 p.m. on September 13, 2005, in the City
Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton
Beach, Florida for the purpose of receiving public comment on the proposed
assessments. You and all other affected property owners have a right to appear at the
hearing and to file written objections with the City Commission within 20 days of this
notice. If you decide to appeal any decision made by the City Commission with respect
C-1
to any matter considered at the hearing, you 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 made. In accordance with the Americans with
Disabilities Act, persons needing a special accommodation or an interpreter to
participate in this proceeding should contact Joyce Costello in the City Clerk's office at
(561)742-6013 at least 3 days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief
within 20 days from the date of City Commission action at the above hearing (including
the method of apportionment, the rate of assessment and the imposition of
assessments), such action shall be the final adjudication of the issues presented.
Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), the Amending
Ordinance (Ordinance No. 01-56), the Initial Assessment Resolution (Resolution No.
R01-217), the Final Assessment Resolution (Resolution No. R01-249), the Preliminary
Rate Resolution initiating the annual process of updating the Assessment Roll and
reimposing the Fire Rescue Assessments, and the updated Assessment Roll for the
upcoming Fiscal Year are available for inspection at the City Clerk's office in City Hall,
located at 100 East Beach Boulevard, Boynton Beach, Florida.
Both the fire rescue non-ad valorem assessment amount shown on this notice and the
ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed
in November of each year that the assessment is imposed. Failure to pay the
assessments will cause a tax certificate to be issued against the property which may
result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions
regarding your fire rescue assessment, please contact the Finance Department at
(561)732-6310, Monday through Friday between 9:00 a.m. and 5:00 p.m.
· · · · · THIS IS NOT A BILL · · · · .
C-2
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XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
0 April ]9,2005 April 4, 2005 (Noon) 0 June 2] , 2005 June 6, 2005 (Noon)
0 May 3, 2005 April ]8,2005 (Noon) 12J July 5, 2005 June 20, 2005 (Noon)
0 May] 7,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF D Consent Agenda 0 New Business
AGENDA ITEM D Public Hearing 0 Legal
0 Bids ~ Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 5,2005 City Commission Agenda under Unfinished
Business. This project was presented to the Planning and Development Board on May 24, 2005, and to the Community
Redevelopment Agency Board on June 9, 2005. Both Boards forward this project to the City Commission with a
reconnnendation for approval, with the recommended changes as described below. For further details pertaining to the
request, see attached Department of Development Memorandum No. PZ 05-088.
P & D Board recommendations:
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FlSCAL IMPACT:
ALTERNATIVES'
I
Building Colors along Major Roadways (CDRV 05-009)
City Initiated
N/A
Proposal to amend the Land Development Regulations, Chapters, 4 and 9 to limit building
colors, and require the review/approval for changes to building colors for buildings
located along Boynton Beach Boulevard, Federal Highway, and Congress Avenue.
N/A
N/A
/
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Develo
2.~b' .
Planning and 20 g lrector CIty Attorney / Fmance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Colors\Agenda Item Request Building colors on major areas. dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEPARTMENT OF DEVELOPMENT
Memorandum PZ 05-088
FROM:
DATE:
RE:
Chair and Members,
Planning & Development Board
Community Redevelopment Agency Board
Michael Rumpf, Planning & Zoning Division
May 13, 2005
Regulation of building colors on major thoroughfares
TO:
INTRODUCTION
Concerned for the aesthetic appearance of developments located along the arterial roadway corridors
in Boynton Beach, the City Commission directed staff to consiqer regulations on building colors, and
to initially obtain input from the two respective advisory boards. Although there was not strong
consensus on all aspects of this issue, both boards generally support increased review of color
changes, oppose the adoption of a specific color pallet, favor an increased review above staffs
administrative review, spoke of importance of having "teeth" in the system such as a required permit
for repainting projects, and that single-family houses should be exempt. Staff reviewed existing
regulations, researched comparable codes, and reviewed color theory including the Munsell Color
Classification System. Based on the understanding that the city desires strict color standards for the
three (3) major corridors including Boynton Beach Boulevard, Congress Avenue, and Federal
Highway, staff has drafted code amendments for consideration.
Staff understands the goal of this effort to prevent the presence of undesirable building colors from
degrading the appearance of major roadway corridors. The challenge to accomplishing this goal is
establishing a regulatory system given the subjective nature of the industry's classification of colors,
the difficulty in attaining consensus on colors, and the need for regulations to be clear, concise and
defensible. Staff also emphasized in this project, the need to maintain an efficient and friendly
development review process that maintains the positive reputation achieved to date, and minimizes
the enforcement burden on staff time and resources.
o f
f
I f b 'Id.
. d f /I
'pllons or regu a Ing UI Ing co ors are summanze as 0 ows:
,
Regulatory System Regulatory scrutiny Process impact User-friendliness
Mandatory color palate High/Low No affect Depends on choices
Subjective codes w/board Highest More review time Least friendly
review
Color standards (objective) Medium No affect Depends on choices
Relative stnds. (to existing) Moderate No affect Fairly friendly
No color requirements Lowest No affect Most friendly
EXISTING REGULATIONS
The city's regulations are currently void of specific rules governing building colors. Although sign
colors are to be "complimentary to the colors of the structure on which it is to be located", in the
XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Fina] Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May ]6,2005 (Noon)
0 April ]9,2005 April 4,2005 (Noon) 0 June 2],2005 June 6, 2005 (Noon)
0 May 3,2005 Apri] ]8,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May ]7,2005 May 2, 2005 (Noon) ~ July 19, 2005 Ju]y 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
~ Unfinished Business
o Presentation
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.
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RECOMMENDATION: Please place this request on the July 19,2005 City Commission Agenda und;vnfi.4i~d
Business. This project was presented to the Planning and Development Board on May 24, 2005, and to the Comnnmitji,{::t:
Redevelopment Agency Board on June 9, 2005. Both Boards forward this project to the City Commission with a:. :::~
recommendation for approval, with the recommended changes as described below. For further details pertaining::"-to theq~
request, see attached Department of Development Memorandum No. PZ 05-088. ::::
P & D Board recommendations:
EXPLANATION:
PROJECT:
AGENT:
LOCA nON: .:';
DESCRIPTION:
Building Colors along Major Roadways (CDRV 05-009)
City Initiated
N/A
Proposal to amend the Land Development Regulations, Chapters, 4 and 9 to limit building
colors, and require the review/approval for changes to building colors for buildings
located along Boynton Beach Boulevard, Federal Highway, and Congress Avenue.
N/A
N/A
N/A
City Manager's Signature
';;1!..~", C;ty Attorn,y I Fio.." I Human &"oo,e,"
S:\P]anning\SHARED\ WP\sPECPROJ\CODE REVlEW\Co]ors\Agenda Item Request Buliding colors on major areas unfinished 7-] 9-
05.dotS:\P]anning\SHARED\WP\SPECPROJ\CODE REVIEW\Co]ors\Agenda Item Request Bui]ding colors on major areas.dot
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
Page 2 of 6
absence of specific color regulations, staff has applied requirements of Chapter 9. Community Design
Plan, that are specifically applicable to building and architectural design, to colors proposed for new
projects. Chapter 9, under Section 11. Exterior Building Design, reads as follows:
"B. When a distinct development or architectural pattern exists within
a surrounding two block area, consistency with that pattern shall be required,
unless the pattern of development is in a dilapidated condition. This provision
shall not require buildings to be exact copies of each other. " and
"D. When the area involved forms an integral part of, or is
immediately adjacent to, or otherwise clearly affects the future of any
established section of the city, the desjan. scale and location on the site shall
enhance rather than detract from the character, value, and attractiveness of
that section of the city. "
It should be noted that since Chapter 9 applies to new construction and substantial improvements to
existing projects (major modifications), it does not apply to minor modifications.
With respect to minor/major plan modifications, Chapter 4. Site Plan Review, lists criteria used to
determine if proposed project changes are major or minor. The following paraphrased excerpt is from
Section 9.C of that Chapter:
C. In making a minor/major modification determination, the planning
director shall consider the following:
1. increase ...buildable square footage ....by more than five (5)
percent.
2. reduce the provided number of parking space below required
number.. ..
LDR.
3. cause development to be below the development standards in
4. Does the modification have an adverse effect on adiacent or
nearby property or reduce required physical buffers, such as fences, trees, or
hedges.
5. Does the modification adverse/v affect the elevation desjan of
the structure or reduce the overall design of the structure below the standards
stated in the community design plan.
6. meet the concurrency requirements.....
,7. modified site plan does not resemble the approved site plan.
The underlined text represents those criteria occasionally used by staff in reviewing proposed
. changes to+proposed colors, despite their intent to address building design, location, and other
elements regulated by the Community Design Plan. If confronted with potentially undesirable
proposed project colors, and by an applicant unwilling to compromise, staff would deem the change
"major" thereby requiring formal site plan review culminating in Commission review. Alternatively, the
applicant could appeal the administrative decision, which similarly, would be reviewed by the City
Commission.
However, this current process not only lacks enforceable codes, but is flawed by virtue of the
subjective nature of reviewing paint colors. While new site plans facilitate the thorough review of
project colors by both the advisory board and Commission, the minor modification process relies upon
staff to make subject decisions in reviewing acceptable building colors.
Page 3 of 6
PROPOSED AMENDMENTS
Staff has drafted proposed amendments following a city-wide windshield survey (reference
corresponding PowerPoint slide show) to view predominant building colors, consideration of
regulations from other municipalities, and following identification of a subjective color classification
system. The proposed amendments, as described and provided below, begin by adding purpose or
preamble text to establish colors as an important design aspect, adds color changes to applicability
criteria of Chapter 9, defines special road corridor and the corresponding acceptable color groups,
establishes maximum color limits (intensities) based on the Munsell Color Classification system,
places burden of proof of compliance on the applicant, adds color changes as a criteria for
major/minor modification reviews and describes submittal information. The changes also delegates to
the advisory boards the responsibility to review appeals to administrative decisions involving change
in project colors. Prior to codification of final amendments, staff will also incorporate penalty and
enforcement provisions with input from the City Attorney's Office. Entire excerpts of the proposed
amendments-are also included as Exhibit "A".
Preamble
The following text is proposed for Chapter 9. Section 11 (new subsection "K"), and would provide the
basis and importance of new color regulations. This new section is proposed as follows:
K. Building colors. Boynton Beach recognizes that oroject
architecture and colors can oositively or negatively imoact its
aesthetic environment, image, and orooerty values. Building colors
should be carefully selected to be comoatible with and comoliment
oroject architecture, colors of fixed elements such as roof materials,
and colors of adjacent orojects. Project colors will be selected to
provide aoorooriate orooortions of, and coordinated base, secondary,
trim, and accent colors. Project colors are intended to complement
and contribute to the surrounding area and city, rather than primarily
attract attention to a single oroject from a distance. The intent of this
section is not to require identical colors, but to require the careful
selection of colors that will contribute to the overall aopearance of
the city. -
This text documents the importance to the city of building colors; states the importance of careful color
selection, color compatibility, and color hierarchy; and the purpose of colors to contribute to an area
rather than just to a single project. Note that this preamble recognizes the hierarchy in design and
painting of a, building by requiring a level of fayade detail that facilitates use of a variety of (yet
complimentary) colors for the three different areas of a wall-base or primary wall, secondary portions
of a wall, and the trim and "accenF areas.
ApplicabilitY
The following text is proposed to Chapter 9. Section 4 (new criterion #5) so that this chapter and the
new requirements are applicable to changes proposed to approved or existing project colors, for
projects that are located along any of the three target roadways. This new criterion reads as follows:
5. When exterior oaint colors are to be changed on an
existing building located as described in Section l1.K.l (onlY
Subsection 11.K apolies to oroposed imorovement unless oroject also
includes other modifications as described in this chaoter). Changes as
described in section l1.K.l shall be orocessed as a major or minor
site alan modification, and in accordance with Section l1.K of this
chaoter.
Page 4 of 6
This text also clarifies that other requirements of Chapter 9 such as roof top screening, would not
apply to changes that only involve exterior colors.
Color Standards
This text represents the core of the proposed standards, defining the preferred colors or color groups
to which the target roadway corridors are limited, and establishing the upper limit on color intensity (or
saturation) as a quantifiable label defined by the Munsell Color Classification system. The proposed
color groups and Munsell value and chroma limits can be adjusted based on preferences and
consensus from the advisory boards and City Commission.
The Munsell Color Classification system was established by the artist Albert H. Munsell in 1905, to
provide a standard objective classification methodology that uses a rational numerical system rather
than color names to describe different colors. This continues to be a system used by the U.S.
National Bureau of Standards. This system is proposed for the city's color regulations to define the
measurable threshold for acceptable color chroma or saturation (commonly referred to as "intensity".
This system is based around, and further defined by three attributes of color: Hue, Value and Chroma,
and each represented by numerical quality. This system will be further defined by staff as part of the
presentations before the board and Commission; however, it is important to note that the maximum
value and chroma qualities, established in the code, will be applied only when a compromise cannot
be reached with the applicant using basic visual analysis of the proposed colors, against the general
limits described in the code. It should also noted that the burden will be placed on the applicant, when
staff initially determines that the proposed colors exceed the maximums, to obtain and provide to staff
the actual nearest quality scores for the proposed colors from the Munsell classification system. The
proposed standards read as follows:
1. Due to the hiah visibility of buildinas located alona Conaress
A venue. Bovnton Beach Boulevard and Federal Hiahwav. and oarticularlv aiven
the intent of redevelooment olans to beautify and unify Federal Hiahwav and a
seament of Bovnton Beach Boulevard. buildina colors for new oroiects. or
existina oroiects orooosed for minor or maior modification. will be further
reaulated bv the followina reauirements:
a. CommerciaVofficelindustrial oroiects.Base/main wall color will be
Iiaht (hiah "value' colors limited to whites. aravs and beiaes. Atyoical buildina
colors such as ourole. oink. blue. areen and teal. should be substituted with
more common oastels or hue cateaories such as vellow or oeach. Secondary
colors will not cover areater than 25% of each individual wall area. Secondary
colors will be consistent with the wall color standards. or can be a moderatelv
saturated wall color or a moderatelv saturated comolimentary color. Trim and
accent colors mav be the most saturated colors allowed. and are encouraged to
be comolimentary earth tones and/or oastels. The maanitude of saturation will
be ot;Doortional to the saturation of the wall and secondary colors. If orooosed
colors are determined bv the Plannina & Zonina Director to be inconsistent with
the intent of this section. aoolicant shall verify comoliance usina the Munsell
Color Classification Svstem. with eiaht (8) beina the minimum value. and six (6)
beina the maximum chroma. The maximum allowed difference in saturation
between the base color and secondary color is three (3) whole increments. The
aoolicant mav be reauired to orovide exact color notations from the Munsell
Color Classification Svstem. to confirm comoliance with these standards.
b. Residentialoroiects (excludina one and two familv structures).
Colors for residential oroiects are allowed to include a areater
aamut of colors. to include whites. beiaes and other earth tones. consistent with
oaraaraoh "K" of this section. with secondary. trim and accent colors consistent
with oaraaraoh "a" of this section.
Page 5 of 6
Note paragraph "1", defines the target roadways similar to how the target roadway corridors are
identified in the preceding, existing subsection regarding overhead doors. Paragraph "a"
accomplishes the following:
1. Recognizes the importance of hierarchy in design and painting of a building by providing
separate standards for the three or four different painting areas of a wall-base, secondary,
and trim or accent; sets 25% as the maximum amount of space for secondary elements;
and recognizes the benefit of compatible diversity through flexibility in using bolder (higher
chroma) colors for trim and accent elements;
2. Establishes acceptable color groups (or "hues") for each area of the fa~de. This therefore
excludes from use as a base color certain color groups commonly known, for example, as
the "historical palette", which tends to be darker, very saturated colors. "Light" colors are
also known by the industry as "whites" or "white bases"; and
3. References the Munsell system as the standard, and sets thresholds for value and chroma
as 8 and 6, respectively. Note that the two attributes are inversely proportional, as the
higher the "value" the lighter the color, and the higher the "chroma" the bolder (brighter or
more "saturated") the color.
Paragraph "b" accomplishes the following:
1. Excludes single and two family structures from the color regulations; and
2. Provides greater flexibility in color choices by allowing the selected "hues" (color families)
that are excluded from paragraph "a" such as "earth tones".
Minor/Maior Review Criteria
Chapter 4. Site Plan Review, Section 9. Modification of approved site plan is proposed to be amended
to provide the beneficial reference to the new color regulations within Chapter 9, in addition to
requiring all repainting projects to be reviewed for conformance with the preamble of the color
regulations. This is the most significant change other than those changes intended for properties
along selected roadway corridors. While this would increase the review role over repainting projects,
and prevent extremely undesirable colors, it would likely generate significantly more violations and
enforcement activity due to lack of knowledge of the new regulations, or painting activities that would
intentionally disregard new codes. This text would read as follows, beginning with the section title:
Section 9. Modification of existina improvements :1pprovod silo plan
A. Minor: A non-impacting modification which will have no adverse
effect on the :1fJprovod site and development p/aR and no impact upon adjacent
and nearby properties, and no adverse aesthetic impact when viewed from a
public right-of-way as determine.d by the planning and zoning director.
5. Does the modification adversely affect the elevation design of the
structure or reduce the overall design of the structure below the standards
stated in the Community Design Plan. Does the modification propose to repaint
a project usina existina colors. of which are inconsistent with color standards of
section K. 1 of the Community Desian Plan. or propose to chanae project
colorf s) inconsistent with color standards of section K. 1.
The proposed changes to the section title are unrelated to this color project, and intended to allow
application of the major/minor modification review for current regulations against changes to any
existing site, rather than implying that it applies only to modern day projects improved with a site plan
currently on file. This would prevent interpretations that exempt older sites from being reviewed for
site changes, or from automatically requiring them to undergo formal site plan review when in fact the
proposed changes are "minor". This also prevents codes from discouraging desirable redevelopment
and property improvements, by limiting the extent of regulations that are applicable to older, non-
conforming properties, particularly when it is cost-prohibitive to be brought totally "up to code".
Page 6 of 6
Appeals
This proposed addition to Chapter 1. General Provisions, Article VfII. Appeals, provides the advisory
boards with the responsibility to hear the appeals of administrative decisions leading from the review
of paint colors for conformance with the new color regulations. This new paragraph "5" is consistent
with feedback received from advisory boards during initial discussions, as summarized in the first
paragraph of this report. .
5. The Plannina & Development Board and Community Re-
development Aaency Board will hear and decide appeals of admin-
istrative decisions or determination in the enforcement of maior/ minor
site plan modifications involvina chanae in proiect colors. or compliance
with other color reaulations.
Definitions
The following definitions are to supplement existing definitions within Chapter 1, Article II, for the
purpose of providing proper documentation for this topic that is new to city regulations. The proposed
definitions are as follows:
The Munsell Color System. A common Iv used color measurement methodolooy
usino a rational numerical classification system rather than color names to
describe different colors. This system is based around. and further defined by
three attributes of color: Hue. Value and Chroma. and each represented by
numerical ouality.
Hue. The basis of a color. also referred to as the color family usino the primary
and secondary colors.
Value. The Iiohtness or darkness of a color. also known as the oray scale (0 =
absolute black. 10 = theoretical white).
Chroma. The intensity of a color. also referred to as its strenoth or saturation.
Saturation. The intensity. strenoth or briohtness of a color.
Base/wall color. The color used for those portions of the wall that represent the
oreater surface area compared to the remainder of the facade.
Secondary color. The color used on smaller portions of a wall. or on laroe trim
areas of the facade. and should not exceed 25% of each individual wall.
Trirn1and accent colors. These are buildino colors used on doors. around doors
and windows. alono roof lines or other planes of the facade. or on features used
for architectural enhancement or definition.
CONCLUSIONS/RECOMMENDATIONS
Staff presents these recommend code amendments for consideration by the advisory boards and City
Commission. As indicated above, the only aspect of these proposed regulations known by staff to be
absent, which will still be formulated through collaboration with the City Attorney's Office, regard
enforcement and penalties. Staff also acknowledges that the awareness and understanding of the
business community is vital to the successful implementation of the ultimate regulations adopted by
the Commission. Directly mailed notices to those owners of property located along the target
roadways, may be necessary to maximize the awareness of any new regulations.
MR
Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Colors\staff report.doc
Part III. LORs, Chapter 4. Site Plan Review
Section 9. Modification of appraved site t>>a-R.
A. Minor: A non-impacting modification which will have no adverse
effect on the ~pprovcd site and development t*ffi and no impact upon
adjacent and nearby properties, and no adverse aesthetic impact when
viewed from a public right-of-way as determined by the planning and zoning
director.
B. Major: A modification which presents a significant change in
intensity of use which, in turn, may have a significant impact upon facilities,
concurrency; upon nearby and adjacent properties, or upon findings made at
the time of approval of the site and development plan as determined by the
planning and zoning director.
C. In making a minor/major modification determination, the planning
and zoning director shall consider the following:
1. Does the modification increase the buildable square footage of
the development by more than five (5) percent.
2. Does the modification reduce the provided number of parking
space below the required number of parking spaces.
3. Does the modification cause the development to be below the
development standards for the zoning district in which it is located or other
applicable standards in the Land Development Regulations.
4. Does the modification have an adverse effect on adjacent or
nearby property or reduce required physical buffers, such as fences, trees,
or hedges.
5. Does the modification adversely affect the elevation design of
the structure or reduce the overall design of the structure below the
standa.rds stated in the Community Design Plan. Does the modification
propose to repaint a project uSinq existing colors, of which are inconsistent
with color standards of section K.1 of the Community Design Plan, or
propose to change project colorCs) inconsistent with color standards of
section K.1.
6. Does the modified development meet the concurrency
requirements of the Boynton Beach Comprehensive Plan.
7. Does the modification alter the site layout so that the modified
site plan does not resemble the approved site plan.
F. Required information: The following information must be
presented with a request for a site plan modification:
1. Minor: A letter which sets forth the requested changes along
with an exhibit showing that portion of the site plan which is to be changed
in its present condition and an exhibit depicting the requested change.
Where the proposed changes include project colors, required information will
also include color swatches of the existing and proposed colors, and
corresponding elevation drawings. Photographs or alternative graphics in lieu
of elevation drawings may be submitted if deemed acceptable by the
Planning & Zoning Director. The applicant may be responsible for providing
exact color notations from the Munsell Color Classification system, to confirm
compliance with Chapter 9 of these regulations.
2. Major: A major modification shall contain the same information
as required for a new site plan submittal.
Part III. LDRs, Chapter 9. Community Design Plan
Sec. 4. Applicability.
A. New Construction. This chapter shall apply concurrently and in
direct relation with the requirements of Chapter 4, Site Plan Review of these
regulations.
B. Existing Construction. This chapter shall be applicable under any of
the following conditions:
1. When an existing building is proposed to be enlarged.
2. When exterior alteration or reconstruction of an existing building
is changed and/or alters the effect of the architectural design of the building.
3. When an existing building and/or site is substantially improved.
4. When the occupancy classification of the building changes as
defined by the Standard Building Code.
5. When exterior paint colors are to be changed on an existing
building located as described in Section I1.K.I (only Section I1.K applies to
proposed improvement unless project also includes other modifications as
described in this section). Changes as described in section I1.K.I shall be
processed as a major or minor site plan modification, and in accordance with
Section I1.K of this chapter.
Part III. LDRs, Chapter 9. Community Design Plan
Sec. 11. Exterior Building Design.
1. All building facades of a building that face or are visible from public
or private streets shall be designed to be as attractive in appearance as the
front of the building.
J. Due to the high degree of visibility of buildings located on Hypoluxo
Road, Miner Road, Congress Avenue, Lawrence Road, Gateway Boulevard,
Quantum Lakes Drive, Old Boynton Road, Knuth Road, Woolbright Road,
Boynton Beach Boulevard, Winchester Boulevard, High Ridge Road, Seacrest
Boulevard, Golf Road, Ocean Avenue, Federal Highway, Old Dixie Highway,
N.E. 10th Avenue and S.E. 36th Avenue; most of which are considered
entrances to the City, the following additional exterior design requirements
apply:
1. Overhead doors shall not be located on a building facade(s) that
faces any of the above public or private street.
2. Industrial buildings located on any of the above streets shall be
designed in such a manner so as to disguise their typical warehouse
appearance.
K. Buildino colors. Boynton Beach recoonizes that project architecture
and colors can positively or negatively impact its aesthetic environment,
imaoe, and property values. Building colors should be carefully selected to
be compatible with and compliment project architecture, colors of fixed
elements such as roof materials, and colors of adjacent projects. Project
colors will be selected to provide appropriate proportions of, and coordinated
base, secondary, trim, and accent colors. Project colors are intended to
complement and contribute to the surrounding area and city, rather than
primarily attract attention to a single profect from a distance. The intent of
this section is not to require identical colors, but to re~uire the careful
selection of colors that wiIJ contribute to the overall appearance of the city.
1.; Due to the hioh visibility of buildings located along Congress
Avenue, Boynton Beach Boulevard and Federal Highway, and particularly
oiven the intent of redevelopment plans to beautify and unify Federal
Highway and a segment of Boynton Beach Boulevard, building colors for new
profects, or existing projects proposed for minor or major modification, will
be further regulated by the following re~uirements:
a. Commercial/office/Industrial projects. Base/main wall color
will be light (high "value") colors limited to whites, grays and beiges.
Atypical buildino colors such as purple, pink, blue, green and teal, should be
substituted with more common pastels or hue categories such as yellow or
peach. Secondary colors will not cover Qreater than 250/0 of each individual
wall area. Secondary colors will be consistent with the wall color standards,
or can be a moderately saturated wall color or a moderately saturated
complimentary color. Trim and accent colors may be the most saturated
colors allowed, and are encouraged to be complimentary earth tones and/or
pastels. The magnitude of saturation will be proportional to the saturation of
the wall and secondary colors. If proposed colors are determined by the
Planning & Zoning Director to be inconsistent with the intent of this section,
applicant shall verify compliance usinQ the Munsell Color Classification
System, with eight (8) being the minimum value, and six (6) being the
maximum chroma. The maximum allowed difference in saturation between
the base color and secondary color is three (3) whole increments. The
applicant may be required to provide exact color notations from the Munsell
Color Classification SYstem, to confirm compliance with these standards.
b. Residential projects. Colors for residential projects are allowed
to include a greater gamut of colors, to include whites, beiQes and other
earth tones, consistent with paragraph "K" of this section, with secondary,
trim and accent colors consistent with paragraph "a" of this section.
Part III. LOR, Chapter 1. General Provisions
Art. VII. Appeals
D. ASSIGNMENT OF APPEALS. The City of Boynton Beach has several
boards/commissions which deal with a variety of appeals, variances,
exemptions, exceptions, etc., as follows:
1. The building board of adjustment and appeals will hear and
decide appeals of administrative decisions or determinations made in the
enforcement or administration of LDR Chapter 20, Building, Housing and
Construction Regulations and the various building codes and ordinances
adopted by the City. See LDR Chapter 20, Article VII, Section 2D for
detailed information.
2. The City Commission will hear and decide appeals of
administrative decisions or determinations in the enforcement or
administration of excavation, dredging and/or fill permits; platting;
major/minor site plan or master plan modifications and height exceptions.
3. The concurrency review board will hear and decide appeals of
administrative decisions denying a certification of concurrency and/or a
conditional certification of concurrency.
4. Repealed by Ord. No. 02-033, S 4, 8-20-02.
5. The Planning & Development Board and Community
Redevelopment Agency Board will hear and decide appeals of administrative
decisions or determination in the enforcement of major/minor site plan
modifications involvinq change in project colors, or compliance with other color
reQulations.
Part III. LOR, Chapter 1. General Provisions
Art. II. Definitions
The Munsell Color System. A commonly used color measurement
methodology using a rational numerical classification system rather than
color names to describe different colors. This system is based around. and
further defined by three attributes of color: Hue, Value and Chroma, and
each represented by numerical quality.
Hue. The basis of a color, also referred to as the color family using the
primary and secondary colors.
Value. The lightness or darkness of a color, also known as the gray scale (0
= absolute black, 10 = theoretical white).
Chroma. The intensity of a color, also referred to as its strenqth or
saturation.
Saturation. The intensity, strength or brightness of a color.
Base/wall color. The color used for those portions of the wall that represent
the greater surface area compared to the remainder of the fac;ade.
Secondary color. The color used on smaller portions of a wall, or on large
trim areas of the fac;ade, and should not exceed 250/0 of each individual wall.
Trim and accent colors. These are building colors used on doors, around
doors and windows, along roof lines or other planes of the fac;ade, or on
features used for architectural enhancement or definition.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 200S
Mixed Use POD in the Planned Industrial
Development (PID) zoning district.
Chair Wische inquired about tabling the Quantum Park & Village South
Commercial Master Site Plan Modification.
Mr. Johnson noted that staff received a fax from the applicant on the date of this
meeting, stating they would like to postpone until the next Planning and
Development Meeting.
Ed Breese pointed out there were some issues, which they wanted to resolve
with staff before coming before the Board.
Motion
Mr. Casaine moved that the Master Site Plan Modification for Quantum Park &
Village South Commercial (MSPM 05-003), be tabled until the next Planning and
Development Meeting, to be held on June 28, 2005. Motion seconded by Vice
Chair Hay and carried 6-0.
G. Code Review
2.
Project:
Building Colors along Major Roadways
(CDRVOS-OOg)
City initiated
N/A _
Proposal to amend the land Development
Regulations, Chapters 4 and 9 to limit building
colors, and require the review/approval for
changes to building colors for buildings located
along Boynton Beach Boulevard, Federal
Highway, and Congress Avenue.
Agent:
Location:
Description:
Chair;.Wische asked why Woolbright was left out of the proposal. Mr. Rumpf
stated that in some conversations with Commissioner Ensler, who was
instrumental in bringing the item forward, he suggested trying it on the three
roads, which had the greatest exposure to the public. Vice Chair Hay stated
Gateway should also be included. Mr.' Rumpf explained the project was to
address color changes for existing buildings, and not for new construction,
because the Board would get to review those colors.
Mr. Rumpf noted he prepared a PowerPoint presentation, and hoped the Board
could give comprehensive recommendations to the Commission. He pointed out
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
the goal was to bring the major roadway corridors of Boynton Beach Boulevard,
Federal Highway and Congress Avenue, up to a greater quality or appearance
standard, by addressing paint colors.
Mr. Rumpf started his PowerPoint presentation, which is available on file with the
minutes of the meeting.
Mr. Rumpf expressed that staff hoped to clean up the corridors through attrition,
and the building colors project is not something that would be mandated. He
said there would be no color police citing projects that do not conform. Mr.
Rumpf pointed out their challenge would be to establish a regulatory system that
accomplishes the objectives on:
· The varying opinions on acceptable colors;
· The subjective nature and inconsistent use of terminology in describing
colors by the industry;
· The need for regulations to be clear, concise and defensible.
Mr. Rumpf noted the objectives of the presentation were:
· To show samples of built environment, and the consistency of colors
which are out there now.
· Identify preferences.
· To discuss the alternatives to writing regulations, or regulatory schemes.
· Learn the basics of the Munsell Classification System
· Obtain consensus on color limits for color groups arid color thresholds.
. Consideration of staff recommendations.
As part of his presentation, Mr. Rumpf showed photographs of some buildings
and their existing colors. He described the base and secondary colors used on
the buildings.
Mr. ~umpf stated that on the first page of the report submitted, there was a
simplistic summary of the general regulatory option, which other cities use in
their system. He noted they did not have specific regulations pertinent to colors,
and the language in the code spoke about the design, form and architecture. In
the absence of color standards, staff used the paragraph in Chapter 9 of the
Design Plan, to include colors.
Mr. Rumpf stated the existing regulations were located in Chapter 9 of the
Community Design Plan, which talked about the architectural pattern, which was
construed to include colors. The language in Part 111 of the LDRs, Chapter 4,
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
for minor or major site plan review, did not relate to the fa~ade and colors, but
did address the affect on elevation designs.
For discussion, Mr. Rumpf passed around some samples of colors to the Board.
He noted the Munsell System was a three-digit number that described a color.
The system uses hue, value and chroma, which are the three attributes of color.
He noted hue is the basis of a color, referred to as the color family using the
primary and secondary colors. Value is the lightness or darkness of a color, also
known as the gray scale. Chroma is the intensity of a color, also referred to as
its strength or saturation.
Ms. Jaskiewicz asked if staff discouraged high chroma colors. Mr. Rumpf stated
he had some proposed numbers to work from. He said from staffs proposed
regulations, they want to regulate trim and accents, ~hich represent the smallest
portion of the building, and have the greatest potential for adding
complementary colors and character. The base color would represent the
greatest portion of the building, and give the building its signature.
Ms. Jaskiewicz asked if staff would aim toward the white, grays and beiges for
the walls. Mr. Rumpf expressed that was the direction they were going. The
Board would see how staff proposed to regulate the secondary color. A
secondary paint color could be a small portion or a large portion.
Staff purchased the least expensive learning tool for the Munsell system that cost
$65.00. Mr. Rumpf explained you could spend over $600.00 on complete sets
with 1500 different identified colors, but what they had wa? a small range to give
the Board an example, and to teach the system.
Mr. Rumpf expressed that as an incentive for an applicant to meet the ultimate
regulations, staff proposed the regulations should read that where there is a
discrepancy or uncertainty, or where staff deems the color is not in compliance,
the applicant would be responsible for proving its compliance, by providing staff
with the Munsell code.
Mr. Rumpf stated the objectives of their proposed regulations were:
· Make it mandatory for change to be reviewed for color changes on the
selected corridors.
· Efficient and user-friendly for both staff and the applicant.
· Fits into current code structure.
· Set its purpose; establish process, limits and penalty. He noted he was
awaiting the standard language from the City Attorney's office.
· They want it to be defensible.
12
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Mr. Rumpf also noted staff would like to accomplish the following at the current
meeting:
· Identify color preferences and dislikes (if any).
· Confirm or adjust color categories.
· Other code provisions/changes
· Discuss color limits (chroma and value)
· Other - anything that may be necessary for the code.
Mr. Rumpf said he attended some sessions on writing codes at the National
Planning Conference in San Francisco. One of the things stressed at the
conference, was to support your comprehensive plan and be clear. State the
objective and the base of the plan. He noted he called this procedure the
preamble, and the following text is proposed f9r Chapter 9, Section 11
(subsection "K"), and would provide the basis and importance of new color
regulations:
"K. Building colors. Boynton Beach recognizes that project architecture and
colors can positively and negatively impact its aesthetic environment, image, and
property values. Building colors should be carefully selected to be compatible
with and compliment project architecture, colors of fixed elements such as roof
materials, and colors of adjacent projects. Project colors will be selected to
provide appropriate proportions of, and coordinated base, secondary, trim and
accent colors. Project colors are intended to complement and contribute to the
surrounding area and city, rather than primarily attract attention to a single
project from a distance. The intent of this section is not to require identical
colors, but to require the careful selection of colors that will contribute to the
overall appearance of the city".
Mr. Rumpf stated under the applicability section of Chapter 9, Section 4 (new
criterion #5), the new requirements are applicable to changes proposed to
approved or existing project colors, for projects that are located along any of the
three target roadways. The new criterion would read:
"5. When exterior paint colors are to be changed on an existing building
located as described in Section 11.K.1 (only Subsection 11.K applies to proposed
improvement unless project also includes other modifications as described in this
chapter). Changes as described in section 11.K.1 shall be processed as a major
or minor site plan modification, and in accordance with Section 11.K of this
chapter".
Mr. Rumpf explained under the color standards, the proposed standards would
read that due to the high visibility of buildings located along Congress Avenue,
13
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Boynton Beach Boulevard and Federal Highway, the following regulations would
apply:
a. Commercial/office/industrial projects. Base/main wall color will be light
(high "value") colors limited to whites, grays and beiges. Atypical building
colors such as purple, pink, blue, green and teal, should be substituted
with more common pastels or hue categories such as yellow or peach.
Secondary colors will not cover greater than 250/0 of each individual wall
area. Secondary colors will be consistent with the wall color standards, or
can be a moderately saturated wall color or a moderately saturated
complimentary color. Trim and accent colors may be the most saturated
colors allowed, and are encouraged to be complimentary earth tones
and/or pastels. The magnitude of saturation will be proportional to the
saturation of the wall and secondary colors. If proposed colors are
determined by the Planning & Zoning Director'to be inconsistent with the
intent of this section, applicant shall verify compliance using the Munsell
Color Classification System, with eight (8) being the minimum value, and
six (6) being the maximum chroma. The maximum allowed difference in
saturation between the base color and secondary color is three (3) whole
increments. The applicant may be required to provide exact color
notations from the Munsell Color Classification System, to confirm
compliance with these standards.
Ms. Jaskiewicz pOinted out that in warmer climates, lighter hues reflect the heat,
and the darker colors absorb it. She felt it would be wise for the Board to
suggest the lighter chromas.
Mr. Rumpf noted there was a trend now, where you are finding darker colors in
residential areas.
b. Residential projects (excluding one and two family structures). Colors for
residential projects are allowed to include a greater gamut of colors, to
include whites, beiges and other earth tones, consistent with paragraph
"K" of this section, with secondary, trim and accent colors consistent with
~ paragraph "a" of this section.
Mr. Rumpf said there were fewer residential projects in some segments of the
proposed corridors, but it was necessary to acknowledge it.
Ms. Jaskiewicz asked if there was a design specialist with regard to color on staff.
Mr. Rumpf stated not at the time, but they have two vacancies, so there was
potential to do that.
14
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Mr. Rumpf referred to Exhibit B in the proposed document, which related to
Munsell - Chroma and Value. He asked the Board if six (6) and eight (8) were
sufficient value limits or if they should go to nine (9).
Mr. Casaine felt they should go up to nine (9) in value, and up to eight (8) in
chroma.
Ms. Jaskiewicz asked if the value and chroma did not depend on the proportion
of accent parts of the buildings.
Mr. Rumpf agreed with Ms. Jaskiewicz that buildings are more attractive when
they have complimentary colors.
There was a discussion about some of the photographs of the buildings and their
colors on the PowerPoint presentation. Mr. Rumpf said there was a new office/
industrial building on the southeast corner of Hypoluxo and Seacrest, which had
beautiful colors, but they added a deep blue awning. He noted they were not
taking all creativity away, but rather putting it where it would accentuate the
building.
Ms. Jaskiewicz said years ago there was a Community Appearance Board that
could take on those issues.
Mr. Rumpf noted that when a project is deemed minor, it is processed as a minor
change through staff and the permit system. It does not go through the formal
review process before the Planning and Development Board and the Commission.
He expressed that the way the code is written for Chapter 4 of the Site Plan
Review, Section 9 states the "Modification of approved site plan", implies that
only the modern projects, which have an approved site plan, would get reviewed
for this. He proposed the language be changed to read, "Modification of the site
plan", so everything is reviewed.
With the exception of a couple members from the CRA Board who felt a Design
Review Board should handle the building colors project, Mr. Rumpf pointed out
that both the Planning and Development Board and the CRA Board indicated a
desire to playa role in it. He stated when staff and the Planning Director make a
final decision that a color does not comply, but the applicant says they want the
color, and appeal the administrative decision, the case would go to the
Commission as an appeal and the staff would present their argument. The case
should go before the Planning & Development Board and the CRA Board,
because the code defines those Boards as the Technical Boards, defying the
standards. The minor site plans are reviewed under consent on the Commission
agenda.
15
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Mr. Rumpf concluded the slide presentation, and stated the Board had not
shared a lot about preferences. He pOinted out the Board suggested staff
increase the value limits to nine (9), and asked if there were any other
discussions.
Ms. Johnson asked why the proposal was restricted to the three corridors.
Mr. Rumpf pointed out that was the mission of the Commission. Boynton Beach
Boulevard, Federal Highway and Congress Avenue are the principle entrances
into the City.
Ms. Johnson noted Part 111 of the LDRs, Chapter 9, Community Design Plan for
Exterior Building Design, section J. stated: "due to the high degree of visibility of
buildings located on Hypoluxo Road, Miner Road, Congress Avenue, Lawrence
Road, Gateway Boulevard, Quantum Lakes Drive, .Old Boynton Road, Knuth
Road, Woolbright Road, Boynton Beach Boulevard, Winchester Boulevard, High
Ridge Road, Seacrest Boulevard, Golf Road, Ocean Avenue, Federal Highway,
Old Dixie Highway, N.E. 10th Avenue and S.E. 36th Avenue; most of which are
considered entrances to the City", and questioned why they limited the proposal
to only three corridors when development and growth is rampant all over.
Mr. Rumpf stated if that was the Board's conviction, it could be recommended to
the Commission.
Ms. Johnson was concerned it would be detrimental to just have the plan for
three streets, when there is tremendous growth on all the streets, and felt it
should be consistent
Chair Wische. asked if that pOint could be recommended to the Commission, and
Mr. Rumpf noted the Board could recommend anything they felt was important
to the project.
Ms. Johnson asked the location of S.E. 36th Avenue. Mr. Rumpf stated it was
Gulfst!eam Boulevard.
Mr. Casaine felt the industrial areas should be subject to the decision on the
colors.
Mr. Rumpf noted he did not have the design guidelines proposed for the Heart of
Boynton Plan, but stated if they were looking to allow design or character based
upon Floribbean, which might be getting a little Caribbean, they may want
brighter colors.
16
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Ms. Johnson asked if adding the proposed language to cover Martin Luther King
Boulevard and Heart of Boynton would be the responsibility of the Community
Redevelopment Agency.
Mr. Rumpf stated it is within the CRA, but the Planning and Development Board
did not have to limit their comments.
Ms. Johnson pointed out when the paragraph was written, Martin Luther King
Boulevard probably was not Martin Luther King Boulevard, or considered an
entrance to the City. She definitely thought Martin Luther King Boulevard should
be added.
Mr. Baldwin pointed out N.E. 10th Avenue was Martin Luther King Boulevard. Ms.
Johnson suggested the text be changed to state Martin Luther King Boulevard.
Ms. Jaskiewicz noted it was both, because one side said Martin Luther King
Boulevard and the other said N.E. 10th Avenue. She also noted one side of S.E.
36th Avenue was Boynton, and the other side was De/ray.
Mr. Rumpf noted the Commission and the Boards specifically stated they would
not want to regulate single-family, duplex dwellings - which are typically exempt
from site plan review process. He pointed out S.E. 36th Avenue, N.E. 10th
Avenue, and Martin Luther King Boulevard have a higher percentage of
residential structures.
Ms. Johnson asked if F/oribbean colors meant the Board should increase the
Munsell value to nine (9).
Mr. Rumpf clarified the Board recommended the Munsell value to be nine (9),
and a chroma of (6).
Ms. Jaskiewicz questioned if that was a finite statement or a strong suggestion.
Mr. Rumpf stated it was currently drafted not to be a suggestion but a standard.
If they want to accommodate on a certain corridor a greater variety of the hues,
and not limit those groups, then they would need to revise that text for those
corridors, because right now they were looking at whites, grays and beiges.
That would restrict the F/oribbean colors. Ms. Johnson clarified that would not
apply to single family dwellings and duplexes and Mr. Rumpf agreed.
Ms. Jaskiewicz noted a good example of the Caribbean colors would be in the
Delray Commerce Center.
17
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Mr. Rumpf said Mr. Breese suggested the group category that would help would
be pastels, which was allowed under residential projects. He felt they could
make a provision to make them pastels but still limit the chroma and the value
extents.
Ms. Johnson clarified Mr. Rumpf stated legal was going to review the proposal,
and Mr. Rumpf agreed. Ms. Johnson felt there was a lot of room for someone to
come back at them and ask why is this okay in one part of the city and not in
another part of the city. She stated she would defer to the CRA and staff to
identify what works for the Heart of Boynton Beach.
Ms. Johnson felt the words "should be"; "may be"; and "encouraged to", used in
section lA and 1B of the Color Standards, left a lot of room for flexibility. Mr.
Rumpf stated that was his intent. He said if there wa.s an area where they would
not want the f1exibility, it should be addressed. If they want to exclude purples,
pinks, greens and reds; then the language should state "shall be substituted with
more common pastels or hue categories", which would replace the word "should"
with "shall". That does not mean you could not have a tint in the white because
the base would be white. Anything that meets the nine (9) value would probably
be a white base or very light primary base paint.
Ms. Jaskiewicz asked when Mr. Rumpf anticipated it would be in effect.
Mr. Rumpf stated it was scheduled to go to the CRA meeting in June, and then
to the Commission. It could be converted into Ordinance form very quickly. If it
goes to the Commission meeting in June, it could be adopted in July or August.
Mr. Rumpf said that was assuming there are not major changes. There would
also be a review with the City Attorney's office in that schedule. If there were
major changes, staff would recommend coming back to the Planning and
Development Board for their thoughts on it.
Ms. JaSkiewicz referred to the plans Mr. Rumpf submitted to the Board, and
noted they would be inconsistent with what they were discussing.
~
Mr. Rumpf stated it was difficult, and he would be agreeable to allow more time.
The wording was intended to allow more flexibility. There is a trend to use
darker colors on residential projects. He noted the Starbucks building at
Congress and Boynton Beach Boulevard was unique.
Mr. Rumpf noted if it was something they wanted to limit, then they could do it
with the same structure that they were using in Paragraph A for Commercial and
non-residential buildings.
18
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 24, 2005
Ms. Johnson referred to the same plans, which Ms. Jaskiewicz referenced, and
asked if that site plan was not already approved for Quantum Lakes.
Ms. Jaskiewicz did not think so.
Mr. Rumpf clarified there was a master site plan that had been approved, but
they were just asking for a modification.
Mr. Rumpf noted it was his intent to use the language, "trim and accent colors
may be the most saturated colors allowed", to allow that flexibility.
8. Other
Mr. Rumpf noted he wanted to answer an earlier question regarding the time
extensions for the carwash project. He said they were extended until July
because of new advertising requirements.
9. Comments by members
None
10. Adjournment
There being no further business the meeting was properly adjourned at 8:37
p.m.
Respectfully submitted,
(D(ifJ~
Catherine Wharton
Recording Secretary
(May 27, 2005)
19
-,,",:
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
V. Public Audience
None
Chairperson Heavilin recognized Commissioner Ensler in the audience.
VI. Public Hearing
Old Business
. A. Code Review
1.
Project:
Building Colors along Major Roadways
(CORV 05-009) (Postponed from Hay:tO,
2005 meeting)
City initiated
N/A
Proposal to amend the Land Development
Regulations, Chapters 4 and 9 to limit building
colors, and require the review/approval for changes
to building colors for buildings located along
Boynton Beach Boulevard, Federal Highway and
Congress Avenue
Agent:
Location:
Description:
Mr. Rumpf gave a PowerPoint presentation and reported the City Commission directed staff to
research existing regulations and colors, and to consider regulations to meet the intent of regulating
changes in building colors. Staff looked at this for specific corridors in the City, (1) U.S. 1, (2)
Congress Avenue and (3) Boynton Beach Boulevard. It was not the intent, however, of staff to limit
their research only to those areas and the Planning and Development Board recommended that
staff's research go beyond the selected corridors. -
Mr. Rumpf noted that color regulations could be restrictive and contrary to the Heart of Boynton
Plan theme as being "Aoribbean." "Floribbean" colors could be bright hues of green, yellow and
orange. Staff will be asking this Board how they want to approach the colors for the Heart of
Boynton.
Staff is recommending the following:
· The aesthetic appearance of major r6adway corridors in the Oty be maximized.
.., Establish a regulatory system, which could be subjective.
· Regulations must be dear, concise and defensible.
Staff will attempt to identify (1) what is on the horizon, (2) to discuss and identify preferences and
colors found to be objectionable, (3) to discuss regulatory alternatives, (4) to get the feel for the
subjective nature of color regulations in generall and (5) find a way to place an objective limit on
colors using the Munsell Color Oassification system. Staff also would like to obtain a of consensus
or agreement on color groups that would be induded in the regulations. They are proposing to add
a less subjective element to the regulationsl but to set some thresholds. Staff would like to
determine what groups of colors are preferred and a group of colors that could be used. LastlYI they
need to determine limits of the most intense colors.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Mr. Rumpf said he would introduce some terminology that he would be using throughout his
presentation and the different words used to describe the different components of a fa~ade. These
definitions are contained in the agenda packet under "Definitions." Also, staff would attempt to show
how attractive buildings could be created despite limitation of building colors. Therefore, the
components of a building are (1) base, (2) secondary, (3) accent and (4) trim.
Slides of various properties were shown and reviewed. Consideration would have to be given to
whether their colors would be permitted today. Staff is looking at how the regulations need to be
worded or changed to accommodate certain situations being displayed and discussed. Darker colors
could be questionable and would be determined on how the standards are proposed.
Staff's intent for showing these buildings was to present examples of how color and eye-catching
and attractive elements can be introduced into a project without it appearing inappropriate for the
project.
Next discussed were general regulatory options. Mr. Rumpf reviewed the regulations of eight states
throughout the country. Members were directed to the table .on the first page of staff's report. The
table presents a general example of various regulatory methodologies from the most restrictive to
the least restrictive. The most limiting would be a color palette. A color palette would only allow a
certain number of colors that developers could select from. The Planning and Development Board
and this Board were against this type of regulatory system.
Another possibility would be to have subjective codes that would be reviewed by a board. This
would mean the colors would be appealing and consistent with adjacent properties. Color standards
could be relative standards that would be consistent with established colors in the City. Lastly, the
City could have no color requirements whatsoever.
Mr. Rumpf pointed out that cities have not adopted very strict regulations, but have merely adopted
general descriptions and categories. Slides of colors used throughout different cities were presented
and reviewed. Ms. Horenburger referred to the handbook utilized by the City of Naples that they
provide developers showing what is acceptable.
Currently, the City reviews colors for new projects using the terminology and regulations that speak
about compatibility. Mr. Rumpf reviewed major and minor changes to projects.
Mr. Rumpf reviewed the language in Part III of the LDR, Chapter 9 (Community Design Plan) that is
used tp review new projects and is set out in paragraphs Band D of page 2 of the staff report. The
language states the building should be designed compatible with an existing character in that area,
if it so exists. Staff would apply this thinking to the entire building that would include details,
app!)rtenances and colors. Currently, this is the limit to the City's regulations.
Ms. Horenburger was in favor of having a process in place for painting commercial buildings for both
new and old buildings. Mr. Rumpf pointed out that staff's proposed changes would address all
changes, both old and new, on the selected corridors, except for single-family residences.
Staff is proposing to include upper limits, or maximum colors in order to make the regulations
defensible and less subjective. In order to achieve this, Mr. Rumpf explained th~ Munsell Color
Classification system that staff is proposing be adopted. Samples of colors were presented to the
Board in order to acquaint the Board with the Munsell system.
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
The Munsell system breaks down colors into three different attributes - (1) hue (color family that is
the primary and secondary color), (2) Value, and (3) Chroma, which Mr. Rumpf explained. Mr.
Rumpf explained how the process worked. It is not staff's intention to deal with this on a daily basis
because it can be very time consuming. The intent of the system is to provide a framework or limit
on colors.
Staff is proposing that the limits be at 8 for Value (the Planning and Development Board
recommended 9) and a 6 for Chroma. This will not severely limit the secondary colors and does not
put any limits on the accent or trim colors. What staff wants to achieve is to set maximum limits for
the base color.
Mr. Rumpf referred to Paragraph K under Part III, Section 11, Exterior Building Design in his report,
that in essence states the regulations are important. If the City has to defend the regulations, they
have to explain why they are important. He recited from Paragraph K that read, "The intent of this
section is not to require identical colors, but to require the careful selection of colors that will
contribute to the overall appearance of the City."
Mr. Rumpf advised that when exterior paint colors are to be changed on an existing building located
in the defined corridors, this section would apply. Actually only Section l1.K would apply to prevent
someone who is only painting their building in order to meet rooftop screening requirements of
accessory equipment or rooftop equipment, i.e., only the paint section would apply.
Mr. Rumpf next reviewed the corridors he previously referred to, but noted the language is not
entirely new to the Code. Mr. Fenton inquired if the bright-colored village on the south side of
Gateway applies to the proposed regulations. Mr. Rumpf referred to Section B of the staff report that
deals with residential projects that would allow more flexibility for residential projects. Mr. Rumpf
responded that they would be allowed under the new regulations.
Mr. Rumpf explained that staff is bringing these proposals forward to have something to start with
as a base.
Mr. Fenton did not equate the colors presented as being "Floribbean" that he feels are vibrant colors
as opposed to the muted colors presented. Mr. Rumpf explained that the colors presented were
what were on the street currently, and a majority of them would meet the regulations, but would
not allow the intense colors of a Caribbean palette. Residential projects would be allowed a greater
gamut of colors that would include white, beige and earth tones. As it is wnlten now, the Caribbean
gamut of colors would not be allowed.
Mr. Barretta asked what would be considered a "mixed-use" project and Mr. Rumpf stated it would
apply~ to commercial, not residential.
Base colors would be light or high value colors, limited to whites, grays, and beiges. Atypical colors
such as purple, pink, blue, green and teal will be substituted with more pastels or hue categories,
such as yellow or peach. Secondary colors will not cover more than 25% of the wall area and would
be consistent with the wall color standards or could be a moderately saturated wall color, or
moderately saturated complimentary color. Trim and accent colors would be the most saturated
colors allowed and it is encouraged to be complimentary earth tones and/or pastels.
If applicants would like to use a color that is out of the recommended ranges, they may be required
to proVide proof using Munsell chips and research of their own and present them to staff to show
what the values of those colors would be and their Chroma number.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Mr. Barretta requested that instead of secondary colors not being greater than 25%, it be stated it
could be approximately 25%, because sometimes it might be necessary that a secondary colors
could take up 26% or 27%. Mr. Rumpf agreed with this recommendation.
Mr. Barretta was also concerned that all buildings have base, secondary and trim colors because
some beautiful buildings could be single or two color buildings. He was opposed to a building being
mandated to have base, secondary and trim colors. This could eliminate many examples of
architecture throughout the world. Mr. Rumpf felt this was a good point, but many remarkable
projects referred to by Mr. Barretta are done elegantly with a great deal of architectural
appurtenances, elements and details. In that event, Mr. Rumpf felt it would be necessary to state
the project would have those elements. Mr. Rumpf noted Mr. Barretta's suggestions.
Mr. Myott was not in favor of raising the value up to 9. He thought 8 would be more than sufficient
and Mr. Barretta agreed with this.
Chairperson Heavilin noted that Mr. Rumpf displayed some very attractive buildings in light blues
and teals and questioned if the new regulations would exclude those colors and Mr. Rumpf stated
this was possible.
Mr. Barretta inquired if pastels, such as yellow and peach, would be allowed. Mr. Rumpf responded
that yellow and peach would be encouraged over teal, blue, and purples. Ms. Horenburger
questioned why pink would not be allowed. Mr. Rumpf explained that the industry's description of
white bases could include yellow. Ms. Horenburger also pointed out that earth tones could
encompass a great many colors. Mr. Rumpf stated if the Board wanted to include pink, they could
recommend that it be included. Mr. Myott felt it would be helpful if they were provided with the color
charts.
Ms. Horenburger inquired if the City ever had a Community Appearance Board that reviewed this
type of issue. Mr. Rumpf responded that several years ago, the Community Design Plan was divided
into three different districts. Depending upon where a project was located within the City, the
project would fall within one of three design districts and it would have to be designed according to
that district. This included architectural style and palette of colors and elements. Many years ago
the Oty had a Community Appearance Board that reviewed projects and made recommendations.
There also was a CRAB Board in the downtown area.
Mr. Rumpf pointed out that if the board was comfortable with the color groups, but did not want to
be restrictive on the value and chroma, those items could be modified.
Mr. Myott questioned whether or not a disclaimer could be included that would say, "or upon
consideration and approval of the Oty Commission and CRA board...". If a developer really did not
want to follow the gUidelines and was able to make a good enough case, then the developer would
have to convince the board and Commission to vary from the guidelines.
Chairperson Heavilin confirmed that an appeals process is included in staff's recommendation. Mr.
Myott felt that an appeal could be considered from the beginning, but the developer would know
that a higher level of scrutiny would be involved. Ms. Horenburger felt that the developer should
have the right to appeal any decision to the Oty Commission. Mr. Rumpf advised that staff is
recommending that the Planning & Development Board or the Community Redevelopment Agency
would be the board to hear the appeals and make the decisions. Appeals to the boards are the final
step. The developers could not bring the appeals to the City Commission.
5
Meeting Minutes
Community Redevelopment Agency
Bovnton Beach, Florida
June 6, 2005
Mr. DeMarco pointed out that developers should have an opportunity to try out a color on a wall
since small paint chips can. be deceiving. Many times the color is much darker on the wall than it
appears on the paint chip. Mr. Rumpf felt there would be no problem with the developer splashing
paint on the wall to ensure it is the correct color.
Mr. Rumpf explained that there will always be a case where someone will not comply with the
standards. It might be necessary to include language stating that the board or Commission could
approve a project regardless of whether or not it meets the standards. Chairperson Heavilin felt it
was necessary to have flexibility since there may be projects in the Heart of Boynton that would not
be held to these standards. Mr. Rumpf explained that the majority of the projects in the Heart of
Boynton will be residential buildings with bright colors. The "Floribbean" palette is different from the
standards indicated.
Mr. Fenton would like the word "and" changed to "or" in Number 5. The way it currently reads,
review before both boards would be necessary. He is hopeful that the Planning & Development
Board will be reviewing the ones outside the CRA and the CRA will be reviewing the projects within
the CRA area. Mr. Rumpf confirmed that this was the intent and agreed to change the word "and"
to "or".
Ms. Horenburger referred to Page 8454C, Item B, Residential, and questioned whether that referred
to only new projects or an existing structure. Mr. Rumpf responded that this referred to both
changes and new projects. The entire chapter on new construction applies to the project. That text
would fall under that chapter. On an existing project, Number 5 applies.
Ms. Horenburger questioned how the people owning existing projects would know that they must
meet certain regulations. Mr. Rumpf said that the City will have to get the word out. Mail-outs
could be used. Mr. Rumpf feels direct notification works best. Ms. Horenburger suggested providing
notices to establishments that sell paint.
Ms. Horenburger asked what process is in place for existing commercial establishments within the
corridor for a change in paint color. Chairperson Heavilin referred to 8454G. Mr. Rumpf referred to
the major or minor criteria section in Chapter 4, Site Plan Review. These paragraphs explain what
needs to be submitted.
Mr. Barretta pointed out that multi-fqmily projects are part of the residential criteria and a Mixed-Use
project, must follow the commercial criteria. He felt this needed more consideration. Mr. Rumpf
explained that a majority of the mixed use projects will be on major corridors and based on the
restrictions of Mixed-Use High and Mixed-Use Low. They do not have the same characteristics as
resid~ntial projects. Mr. Rumpf said compatibility text is included in the gUidelines and staff has the
ability to review a project against the compatibility text.
Mr. Fenton questioned how this would proceed after the CRA review. Mr. Rumpf said the board
would not receive a final document. If the CRA feels comfortable with Mr. Rumpfs level of comfort
of the compatibility text, then this will move forward. If the board is not comfortable, then the
standards would require more language. Mr. Rumpf pointed out that changes that were requested
by the Planning and Development Board that dealt with the change in value and rate, the topic of
the Heart of Boynton and the Floribbean impact to the CRA, and the "should", and "will" would move
forward to the Commission, unless the board is not comfortable with something in the text and
would like a change made to the document.
6
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
Chairperson Heavilin said the Planning & Development Board recommended that the corridors be
expanded to Hypoluxo Road, Miner Road, Lawrence Road, Knuth Road, Quantum, etc.
Mr. Fenton wanted to know how many specific changes the CRA asked for and on the color palette,
the minimum value they wanted to go to was 8 and they got 9. He felt this was a conflict. Mr.
Barretta disagreed because he felt it could be one value in the CRA and another in the remainder of
the City. Mr. Myott reminded the members that Mr. Rumpf's recommendation was for 8. Mr. Rumpf
said staff will communicate all of the recommendations to the Commission.
For the board's edification, Mr. Rumpf enumerated the board's specific changes as follows:
1. The limit to the secondary color is proposed at 25%. It was recommended to add
the word "approximately".
2. Allow some wording to provide some flexibility so that it is not required to have all
the four different components to the colors - prime or base, secondary, accent,
trim. If the building has the physical attributes, architectural character and style,
then it would not be required to have all those different colors.
3. Keep the minimum value at 8 versus 9.
4. Change in wording where it describes the appeals boards from "and" to "or".
5. The board expressed great emphasis on getting the word out and educating the
public on this.
6. A little bit of concern was sensed on Mixed-Use projects and whether they are
Residential or the Commercial (non-residential) category, and compatibility.
Chairperson Heavilin announced the public hearing.
Commissioner Bob Ensler felt it was appropriate to make some comments on this issue since
there has been a great deal of press on this issue. This issue arose out of Commissioner Ensler's
concern over the color of several buildings on major arteries throughout the City. In addressing
these concerns with Messrs. Bressner and Rumpf, Commissioner Ensler learned that the way the
Code is currently written, color is a_ minor site plan modification that does not require Oty approval.
When the City Attorney got involved, he recommended that the City establish criteria in order to
protect the City legally.
CoJllfJ1issioner Ensler reviewed documents from 1992 wherein concern was expressed by
Commissioners relative to lack of harmony of color of certain buildings. In 1994, there was
Commission discussion about making projects more aesthetically pleasing. Even back in the 1970s
when Emily Jackson was Mayor, there were discussions about compatibility of structures within the
City.
Commissioner Ensler reiterated that his major concern was with the major arteries and the
commercial areas located along those major arteries. His concern was not with residential.
Michael Weiner, Weiner&; Aronson located on Seaaest Boulevard, felt it was good to hear
the board state their concern about limiting creativity in Boynton Beach. While there should be
community standards, it is important to remember that laws are being legislated. Laws should be a
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 6, 2005
last resort in curbing human behavior. The few times that people have erred in bad taste may not
be a reason to put the City into a position of regulating color. It is important not to eliminate quaint.
These things give charactedo a City. It would be a shame to eliminate that possibility.
Ms. Horenburger stated the Spinosa theory as quoted by William F. Buckley. "My right to punch you
in the nose stops right at the tip of your nose where your right not to be punched begins." We all
need to have a voice and be involved.
With no one else wishing to speak, Chairperson Heavilin closed the public hearing.
Mr. Barretta commented that staff had done a good job.
Chairperson Heavilin referred to the base color and the comment that it be expanded beyond white,
beige and gray, to light pastels. It is her opinion that this is too limiting. Mr. Myott felt that these
hues would be included in the whites, beiges and grays. There are tints to these base colors.
Ms. Horenburger asked that Gulfstream Boulevard be added tothe list of major arteries.
Mr. Rumpf advised that staff wrestled with what 36th Avenue was and then determined that it is
Gulfstream Boulevard.
Mr. Hutchinson felt it was necessary to have something to hand out that would show the details of
the hues and the ranges. We need to give a more accurate portrayal of the color areas that have
been discussed.
Mr. DeMarco congratulated the Planning and Zoning Division for a job well done.
Mr. Barretta felt that Mr. Rumpf had summarized the board's request very well and he did not feel
the need to see the document again. Ms. Horenburger agreed. Messrs. Myott and DeMarco
requested a copy of the colors once they are available.
Motion
Mr. Myott moved to proceed to the City Commission with the board's comments noted. Ms.
Horenburger seconded the motion that carried unanimously.
New Business
A. Abandonment
1.
Project:
Agent:
Owner:
Location:
Description:
415 SE 5th Avenue (ABAN 05-002) - 8455
Jeanne Heavilin, Salefish Realty, Inc.
James E. Ploen
41S SE Sth Avenue
Request abandonment of a portion of Railroad Avenue,
approximately 30 feet by 77 feet, immediately north of Sth
Avenue South, west of Lot 11, Block B of Pence Subdivision
and East of the Florida East Coast Railroad right-of-way
Chairperson Heavilin recused herself from the discussion of this case and passed the gavel to Mr.
DeMarco.
8