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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 We're Reinventing City Living for the Millennium 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. 2 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) 3 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) 5 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) .....:. June 6. 2005 (Noon)'-' " c-- ~ June 20, 2005 (Noon) C - t"'0 ~-',.., July 5, 2005 (Noon) , _1....-.1, -' C) ""'-.'~ ~'- eJ .' D Administrative D Development Plans -~ _..I 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 ""co -:=:r1"'\ (-J J7 ;""0 :.c 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. 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E 8 E >R. b ... ~ 0. :s e (!) "0 ai o z '# o ... 0.; 0. :s e (!) "0 ai o z Q) Qi a. E 8 E >R. o 0> ~ 0. :s e (!) $ Q) a. E o o E co oll lO .r c'f ... 0. e# (!)~ 8 ~ iii ,. -0 ~ ~ N ct o N co 2 o ~ '6 CD ::;; .0 {! " ii! ~ g '" "5 .0 J! -0 in "0 c ~ E! :> 11. 1l ~ i!; in S Q) a. E 8 E >R. 10 ... cD 0. :s e (!) (ij~ 5~ ~ 15 "C ~ CL .91 U)a.. ::i 0. ll= :s 0C/) "E lJ) :s 2 80 U)ug. o ~ e ~~i CL ::E C 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", /. "'~,~." , ' , - ' ' , -.f j ~~" J! '...,'" '-J 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 ~/. .'~>" 7, " l. / A "_ . f' , . ~ .~ t~o'..'0:~'< ~ c 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 (/) w o :> .. :c ffi -= 0(/)0 <C)o W z Jt 10- Z !:j .E O::::lE I- (/) E Z Z.g >- 0 Cfl 00.. z E 10 0 ~ u. en - OZo >-W.. I-D..E -OD::E 0'" u.Cfl D.. U. 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Gi'i .S1:-~ e-gJ!"C >.U)c:8(QCD~ e.~::>Bijlj! = e . ;!,;:.'": c::::J ic.~o~~~ .!2"O.-ow.o-g 1ll.l!.5"&~~.5 -o_G)~ -0 ilt:BC1lE~g-= -= CD '--0 ~l5o::-g~~::llii ""oo....i:S~'" -"5!1!'l5.' "0 8.~- 84'1 ~~ 5 ~1ii!: en ~q: E"O ftI ::::J e ~ C:S Q)._ c: Zo.>00"OI-CO o o o en .,. .. '" 'l5 0 U ~ ;'j ~ CDGil~Q)~ gU-gw.Qo ~'i5=~B~ EgEBi~ ~-'l5.~8:1! ~~.2~:; i.~o.e~ "5 gl! ~-g~ :s!?~8:.s S.!~cn.Ec-c lIeCDSQ)~S o~ ~-!~~:B !a~8-g~g. .JLL:Loro.5r- .. .. IL J!l C .. E E o u 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 '.,"_"""'i""""~;~",_~--,~_,_~"....."".,"".,";.~._,.;,,,.,;.,..., 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 ;;"''',"_........,-~~~-~''''......,..,.,'-~",~''"''''>."., 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 ~""''''''''''''-'<''''',,,,,,,,,~,,,,,,,,,,,,_,,,_,,,'''''''''~-,,,",~''''''''-'''',"''~~"';''''''''''''"'""".,,",,,,,,.-".. 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 ....".'~,.;,-~~~~.*-"""".""""''''''"'',"'''';",.,-'''''''''".,'''".,...,',".;_..,,'.''':,..,.,_."",.,....,...,.< *- 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 /~:;..,' 0,;; , ~ . , ~)'/ >,.' " , I J ie' \ '. A \.\ -' , " ~'" ~ /:;..' :,~~}: 0 hi, ?) 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 ':"~) :-L; (---j 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 ..~..."'''''.,-...,-~_ . .<<Ii ~ 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 .",...."""--"'_l_'~__~lf_;.",#~."...,~;",.~ 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 ...""..,..".,.,~.,~,,,..........,,,,,,,,,,~,,,,,,,,-",,,,,.,",,..,..._...,..._-,,,,,,,,,,,,,,"-,,---,,,,><-,,,,,,,,,~.~,.,"- ~{J/MAP ~~ NO~UBLIC .~ ~ie.- Yu-e-ILv..- Print or Type Name 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 ;--------. - ~ J 2 20....- 3-CXJ O{/) (/) ~-WG ;: CD>G20 -<(- . ~Oo...~ N..".. <(CD <(., 0 (/):J""-W""" . (/) CD 00 ~ . l.O ~001J... N XOo 0 W:JCD Z 2..J (f) -01-- ..Jo...<((f) >-..J<( 3 x 0... CD - o (0 ROLLING GREEN RIDGE FIRST ADDITION PLAT BOOK 24 PAGE 226 (J) I") 3 o N - ..q- o ;: . " N a. ~ N('J - 0 .."... 00 NI"} o Z I- a::: ::> o u o z ('J w Z POINT OF BEGINNING PARCEL 1 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 _....,....~..''''''.;...".'''',_)O')Il'"'''''_".......-''''".____......,_.''''''''''''',.^''__,.,,,.._.,'",.,.,.."..._...^.._.~...., f:;:t~ I- W w- l..J... 0 o z .- - II o o W.- ...J <{w U ...J (f)<{ U U(/) I 0... <( a::: (;) o L[") o EXHIBIT "Aft 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 W U1 N- _0 00 O' .0 o(() o (/) o (() POINT OF EGINNING PARCEL 2 SW CORNER LOT 22 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 I- ~ :J o o o ~ I"} W Z o n W ~\o - 0 o . 010 . I"} o o (/) 19 20 l- n::: :J 18 \~ w z SHEET 2 OF 2 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. z p ~ ~ C5 z j ~ ~ "'0 C l3:l c: C"l cC":l ~- -;><; t-3 8Vl.-< ~~O ~~Iozj ~~t:xl ~I"l~ b~~ \l!ClO ~ZZ ~~t:l:l O.....t;rj ~> t:lC":l :;;:= ..... Vl Ci z 2 !il 0 ~ Sf 1JI e I ~ III ~ 8~ '< ~O oG)o~>a! :1:>:1: Z..... " :IE " Ul t:::l"'~ tzj :I: ~ ~ ~ >Ea1 ~ ~ ~~~ Zt:::ll ~ UlO~ ("')~~ Otzj_ ~ ~ 8~~ ~.. ~~~ ~ _ _00 .. I' ~~;j 1~~~ tzjZ ~ !il ~ Z ~ . Sf PI ("') ~ I ~ . ~ ~!< ~ 8 ~ o n > ~ 1--4 o Z ~ > ~ .n " u n 0:: l: n u ) NORlII EI.sr 4111 u.u 10 ...~ u:l ("') ~ ~ ~,,- : ~ III II N o o 1 2 3 4 5 6 7 8 9 10 11 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 <:r . T1 1..."'",,,",",<'1" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~~ 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 '..~'" C^....'.... ' t\ ;- > -', ./ .- ~V-r-' . .-'- '< 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) -~ - j ~-) --t April 18,2005 (Noon) June 20, 2005 (Noon) L_ ~-,-: -, <c July 5, 2005 (Noon) [-- f0 . j '"Ie"") "1 ." 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 c- D Legal .," ---.1 0 Unfmished Business 0 Presentation --i .=, -~)Z ~o:J -fT1 .-!--..,. :.:'~ i'ln 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 ['F.CC:;;;;;J'1 ;; "'~~~. """'''~'''''''--''''''''---~'''''_Ioi;___,)'~__~"""""",,,,",",.,;~ ~ sJ c> zt"'" Ci ~~ 'Ypo o ~ g ~ S ~. EJ g g '" '" po ::s 0.. n po '0 po ~V1 0;' :;:: '" CJ- o ::;- ~e:.. V1 :;:: CJ- ::;- e. 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N 3: 0 ~ w Q) ~ 0 '< 0 z , "'0 N N 0 ...~ " V> 3 w Q N 0 0 I ", 0 0 m lJ1 lJ1 - ::t> 0 ~ 0 I ~ m q C ?; r n 0 z "1J V> ;;:0 C 0 ~ "1J )> 0 z (J') .., ~m V> "';;:0 m ffiv) ~ Ul(J') ~ (O_ n 4'(;) m V> -'2 ~I ~- 2 (J') I m ~ z ::t> 3: m o .." n o 3:: ~ z -< ;:0 m ", ;:0 m V> m Z ~ ;j < m 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) - ~ - <<> c ~ :fo L.~ "0 c Q) ~ ";3 0 j ~ ~ - C..o~U 0 o u ::J :J 0 llJ ;S u -j OO::G3::c "8~~ 15 - c I C '0 .~ C .-J U) >" U 0 C) ~ - 0 C o 0 c: ..9 _ . 0 0 QU S V:O-L L <l) (.) '- tr U 3:~& 0 J ~:i:~cE.... ... .s o~i "- ~ )( C :J'o 0 . II I O5J "0 .. rJw::J 0_ ~ " .X 0 g c '" 65~ " ~8 0. cr~ 0 :c ... " .) 0 ... "- ~ ~ ~ ,,; ~ .~ D 'CY 'l:: , ~ I r t: i I ::> 0 ^ 0 . U ~..D -0 "" I c::>~~ r :> - 0 ., oU t;: 6 U 11 U! ~ ~o : " b :~ '" 1,,- ~ ;7 u 'oJ . ! ~:~.D L... C 0 :3 ... =>0 u 00. ~ . .., <> . t; '-'1 AJoJlrrr 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 // ATTE.STEIY' ~Y: /71.. "L /' , /7; - , ,< ". ~/ /. ,-')' "; ,-z., / ~~ ' :r:'l// I /- ~ y ....~ .4 Secreta,J?Y By: ~& #/A n':" ~ Chairman ;r 7-23-96 REUSE\DELlVERZ.AGR 13 APP?L=:1' Board Attorney APPROVED BY: /? / /~-- ,/.' / ,J . '~ / - 4", / , '/c> ;? fl /~ ../' ___;:.~ Ci tY'<0f D~lray ~,each 1 Mayor APPROVED/BY: ,c ;~.. /J ~~__-.. -'7 ~ (/ ~-- /'~/ V ~J'/ ,''. ,/';; ~.J '~:'-.)i '/'~l '--:-c/r-z )' /'/~~7-,..."--- Y ----- _/.. ~ ~ City of/,oynton/B~ach, Mayor :;~/ /~/'/ l? // 1/ ~~ 7-23-96 REuSE\PELIVERZ.JlGR PINE T&HE' GObF ~ /....... ./ / I / / ;' ~_. I /" " ~"'/-~/.'.-.. - /' ~-. -,;r:~. By:'~.,,,,,___. .,,'-. .~ j /(.tn /../1 Y- r.Y ./ 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. 7-23-911 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: 7-23-96 REuSE\OELTVERZ.AGA 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 ~,...,,, .j.;,~ r 7-23-96 REUSE\DELlVERZ.AGR 13 APPROVED AS TO FORM: /. /J1' / f ,/ ,\'-=--.~ / ! Board Attorney APPROVED BY: // /' /.//' . / /~ . -. J ,'~.' ../~-7 y:;'.,; ':7 . -P- /~~/ __~~ Ci tY"'~0f D/e'lray ,~each! Mayor APBRDVED/BY: , ..- ,Y' ~ 7 / (/ -';7 .. . ~.. "/ ./~~~~~z...-._~_'\/ L-~~ ;>--~--vr-z~ Ci'ty of ..?bynton p'B~ach r Mayor / I ./ .f.! /;" ./ // t~ // :/ , 7-23-96 REUSE\OELIvER2 .AGIl PINE J:aBE'~OI:i. ~. .-" . / /J " I /" - .~~;' By:"-,_"" _ /-~ ---'- -.~ ~ _/ ,,(.If: .LA . ,r 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 ~J ~. ~-: /~~ --?~} l:.:, 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. 4-9-97 Reuse/Quail.rdg/restatement.amd 1 8 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 4-9-97 Reuse/Quail.rdg/restatement_amd 2 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 3 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 4-9-97 Reuse/Quail.rdg/restatement_amd 4 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. 4-9-97 Reuse/Quail.rdg/restatement.amd 5 12 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. 4-9-97 Reuse/Quail.rdg/restatement.amd 6 13 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 Reuse/Quail_rdg/restatement.amd 7 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 Reu6e/Quail~rdg/restatement.amd 8 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 4-9-97 Reuse/Quail_rdg/restatement.amd 9 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 10 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- 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 Pare J 0/ l ~ c o 't - '-'" o~ q, -0 '5 .~c o <:; .h c Q 0 0 0 ] rr () n.o : . g D .... LO. c: " - " ~l ,II <:) .<0 3- ~ '" Q '" " u ~, c: v l. D <II -u o -6 a u ... '" m~ ..J ~ ::J ~ n Ii: ... .. on ... /' C , ~ .. ~ .. -1;; ~ c ~ '5 JJ ~ .... "- ~ 7 ..., '.11 ,(.'01111'" 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. "':"", ,0 " ~ ' ~ f::'V\<J '. 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 .r ...... , \ " 1 \ ~~.. \\ \_.~_.--..-."--.- , I .~ '. i '\ B ''--\-t\ ,'\ f', y: J '. f \ ch'airman ATTESTED BY.: //~:,~?~ ,~/4A~I~7~. / /~1!:;... :.(,,,,,,,.. .,,7, Y'.,-@/,~~y..~ ~. ...-"/..... ~"".-(.--'" /:,...'" . .~ . - ,".... ~ - ~ ~...~~~Q-:tetary // >,/'" r "-,,--~ \. \, '\....~ \ ~} /.../- APPROVED AS TO FORM: '1 ;. .r; {I /~~{ ,r f Board Attorney I " /vjt /9 r APFrROVE.ll.-B~: . L' .~~~ /.r;;~ .; ~ /'""~.....,,,.....~.~ 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 P.,. J oJ J ~ , :e , o ~ c o 't ~ o u _.~ <I '5 g .~ ~ () 0 00 s cr () Q. () j /. C \.. .2 (1)04-0 Q).o~ u ucn:::JOlU -oU~c -+J '- C "- fr: >-. U 0 .n \...<vU ~ '0 ~ .s "- w:J:::Joo 00- , U u..... IV C 0:: '0 a.. 8 Q ..... "l. C " - ~i Q .11 & <3 ?;\. Q .., " _~~C J OJ"" i" s"8.lbuu,:J \J a: ~, t: ~ '0 ~ U ~. D aJ " o .... "" I -J "ti . <t . 'j :;: ::J (1 r ' i 5 Ii: ~ " ., " , cS " ~ " 6 ~ " {~ . .: ~J Y__J lfllli "5 . ~ ~ u - .... ~ 7 --' 'Jl -<'''Imn 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. 4-9-97 Reuse/Quail.rdg/restatement.amd 1 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 Reuse/Quail.rdg/restatement.amd 2 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 Reuse/Quail.rdg/restatement.amd 3 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 4-9-97 Reuse/Quail.rdg/restatement.amd 4 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. 4-9-97 Reuse/Quail.rdg/restatement.amd 5 ]} 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 Reuse/Quail.rdg/restatement.amd 6 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 7 \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 Reuse/Quail~rdg/restatement.amd 8 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 9 )(, 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 10 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 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 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 P.~ ) of ) a c o " ~ o u q. -Or) ~ c o :5 '0 g ~ ~ 0 QO ~ ] o ... ~. s ~i . II o ".c a ~ ....... Q ..., " u ~~ ~ ..... .: l! ~. D CQ -.:l o '6 ~ ..., ... N ~ti '" m~ -' :;;. => '" ~ U .Ii: ... ... on "- /" C , C) = ~~ f! <'S g..-, C) ~ D '- t;) 0 " lr C.) ll.: ~ ti. ~ " .15 ~ '" {( "5 ~ ~ ... .... ~ ~ .oJ - 'J1 ,(1DIIIII'f 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: .~ , \ "-+t\ ~ \! \. f \. 'Y-----~ Ch'al"rrilan AND D I Sl~O-flAL BOARD I , \) \ ~.., ,". '\ \ \ \__.---~-~--..- '; I ATTESTED BY: ....-""-.7 '-/" ~. /<:~:~?- ./. /. ,. :.-:~~.;:.L.. ,,/.-S~&:tetary /~.r ,,/ C-j3;;/.;'7 _ A;/ /:j~Sz:ft~, \~\-~ ... . \ '" \ '- I ~i " .r " .f'" / APPROVED AS TO FORM:j} /2-.---1 Board ....Attorney ) I QUAIL /~;t /9 r By: AP:g~.OVE!l;_~1':.. -"'.' /. . /-::fj..g~ I.. .~~""'~>t.____- , /., /H? _. ~ " 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. " .....-.; ":'~5UIrXHm1T.B Exhibit B January 1995 P.~ J of ) a t: 0 C ... :..=; 0 o u l!;=: 0 ~, 1i -0 C c n .... u 0 c ._ c: q) ~ l;,:) Q} 0 "- (J 0 0 0 o 01- ~ C I(). ] a: () QO '" s -oU c i +-' '- >-.U 0 ~ '- n:: n \...lVU if :c '0 ~ E ..... Q .\1 ~ :J :J '0 0 .c: 3- 00- .3 ou...... q) C n::: . 6 "" 2 n... '" \J 0: i' L .::! -6 Ii OJ ~. o al " o ... '" I . J b m~ -I I Q) '6 ~~ f! r5 :J .,.., Q ? 0'-00 .. ~ U n ii ~ a ..J ;;: => '" r ~ 6 Ii:. ... " on ... '5 . 5 ~ IJ - ... ~ 7 -J 'J1 ,(~OII." 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 ... .; -~) --i ~~:=i --i.:': -"'~C::l -'I ;,:::':') , -'. ~c~. c-. '-' -, _.--. :::~ ....L. -;-jco -I" o~ Ptr, ::c 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 ,. '"",".,,,"","'.,,'....""~,"_"'8'''''''''''''''''-_..-'~,.,,.>..''',..',,.,''4''""''',_""""....._'..._....""'",_.,_'''''.".."'''..,~ @ BELLSOUTH Listening. Answering. ~ (/) 0 0 0 0) 0 q It') c 0 0 ,...: "> CD CD CO ro ~ Cf) T"" ~~~~~~~~~~~~~~~~~~~~~ ~ -0 Q) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ....... "<t t- t- t-: CO lJ') ~ t- t-: t- t- q "<t: lJ') ~ "<t: ro t- C") C") C") "<t CD 0> C") C") C") C") N CO lJ') CD 0> E ..- N N N lJ') N CO :.;::; (/) W ro ~~~~~~~~~~~~~~~~~~~~~ Cl. (/) E ro (/) L- >- 0 0 It') C) ro 0 0 t- J::: 0 0 M Q) C "<t "<t It') .0 4:: t- ro .~ ~~~~~~~~~~~~~~~~~~~~ ~ ~ W c: >. Q) 0 0 lJ') lJ') lJ') 0 lJ') 0 lJ') lJ') lJ') lJ') 0 0 lJ') lJ') 0 lJ') 0 '- t- ~ ~ ~ "<t: N CO ~ ~ ~ ~ q N t-: "<t: t- t- ..., ...-.. 0 c-r.i t- c-r.i "<t ..- 0> t- C") "<t C") >. E ..- ..- N 0> ..- .0 lJ') t- -0 e Q) L- ro Q Cl. 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N ~ lJ') o o N (D -- CD ~~~~~~~~~~~~~~~~~~~~ ~ 0 lJ') lJ') lJ') 0 lJ') 0 lJ') lJ') lJ') lJ') 0 0 lJ') lJ') 0 lJ') lJ') lJ') "! t- "<t: lJ') lJ') lJ') lJ') q CD N C") ..- lJ') lJ') lJ') N 0> "<t lJ') lJ') lJ') lJ') C") t- C") 0 ."t ..- N C") "<t C") CO N "<t CO t- ~~~~~~~~~~~~~~~~~~~~~ r~>r.......<~'" . \ \ L", f~ IV Ct- "\'0 >~::,,;:'" 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 Exhibit 'A' - Location Map 500 I 250 o 500 1,000 1,500 2,000 I Feet N .+" s Ii !~,tlfl,I'~~e'III~~i~!dliiJI:~' t If:ir m'lllla ~ ,.'1 I '1.I'IIJtl~ p-I ~ .i!!'i: '!JlIIII,II~~ ,1:,;j'~u!lq~ :. II!~II J elll Y Jell · '.tll'llit!'1 C' ,:" Illli! II , 'I' . ."1 I il~e!' !I:,!.::gi=~ Ii! 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'" ,'I'! ~ .,., '" g: '" z ~ ~ Cl Cl 'f ... E: '" '" 00 ... a ~ ~ $ >- ... '" .... '" '" '" '" ~ >- ~ ~ cl Q '" '" . q ~ ~ :s ;::! c i:l ;:j ~ ." !~ ~ I ~ I ",...... 1- ii ;; 8 .. ~ ~ ~ q 8 ii: . q ~ ~ ~ '" " '" '" '" " !::! l:: " ... Iii :0 0; '" :;: ;;; N ... & ~ .... ~ ~ G > ~ ~ ~ .. ~ 4 '" c iii ~ '" Q '" > ~ ~ !:j I:i I:l It ;;; >d '" > '" ~ ii q ~ !a ;;; " i ! ~ .. 2i '" ... .... ! s I l ",.... D>g I I III! I i QUANTUM lAlCES MIXED USE tllli Illill ~1II1!i1' 'I BOYNTON BEACH. fLOlUDA. III R I i Ql1AN1UM PARK&. VlLIAGE. UC IU~ .Utt; J~ 'I J 2500 CWANTUM lAlCES DlUVE 101 BOYNTON BIiACH, 33426 EXHIBIT "C" 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. COA.doc 06/17/05 4 I I 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. COA.doc 06/17/05 5 I 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: COA.doc 06/17/05 6 DEPARTMENTS I 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 COA.doc 06/17/05 7 ~ 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, COA.doc 06/17/05 8 I II 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 '(:).~' '. '........ ~ . . .~. ..\ ' , "- 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" ('I I \ PUDL\ /"1 ~''-~ ~_\\JI ~'../j ~"- . \ ~... --.~ :. (~r'.-) '\ ~-' / \)'. C\ -,J \' i \ ~, I ) (\ / \ )/) , l___ ~u,u,_'_ ~ ~_ _ J .JLL ~ '- - . - IJ' I _H lit] - ~--f-, I' ;) _ ,k ~.. 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';h 'i lill i I : 'I Ii ili'liJi~i~ 'I.~i il t nn ~I~ I 'il I r' :; tii!ililllih Mil II i nil; m ! Iii ~ 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 "'" o o t'"' ~ ~ g R 5: -< Q ~ :g ~ z I ril~g ~ril8 ..;~~ @~ ~ Q ~ II t1 . 0 II ::tl rn ~~go ::tl"","I:tZ trl > (") ~N~ ~ ~ ::0 o @ ~ ti d '~ II " II --J 0\ t:;;!i8 00 VlVlVl ~~~ '--- 110'-0" ""'tl:I Oc:: f2G ~~ ~~ ~ r ~~e: : ~ : ~ ftlQ, , , , , , , , , , , , , , , : : : 3L-!-____r' ------!-___....!-____,'-----l,-----,rl--- t I I , I I I I I I I I I I "i : i : : : : -,--nii~~-T--nin-u!n---i-nnimniu--T----:-hhr--ni-----i-n-T-n I I I r I I ~~5)? 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J 1 1 I It, 1 ____'_____1_____'_____,_____.___, It, I 1 , 1 , , t I . , 1 -J-----,-----.-----,-----'-----,-____,_____,_____,_____1____ I I , I I 1 , , 1 I , I I I I I I I . . If, I , , . J t 1 t I I , I I t J I t J I I I I I J 1 I I 1 ~- --7--- 7--- -:- - u-:- - - - -:- - - - -:-- - - -:-_ __ _:_ _ h_:__ __ _:_ _ _ _ _:___ _ :_ _ _ __:_ _ _ _+__ __:___ _+ __ _ +___+_ __+ _ __ +_ __+___ · I , , I I I , , I , , , , , f I , , , , , ' I I I I I I I I I , I I I I , I I I I J r----_,L- ____i,-----,~ ___~, ____,:_____,:_____:,_____~,----_-,!,-----:,-----,~,---__ : : : : : : : : : ----1---- I . I +---.-----1-----------;-----,---- t I I I , I I I I I I I. I I I I t I t I , I I I I I t 1 I 1 , I f I , I I I I I . I I , . I I I I , 1 I I A RECREATION BUIlDING FOR LENNAR HOMES INC. ~ b lilll ~ FF. ~ ", I' - If...... _ WI "'..., , __..- ][ CARRIAGE POINTE ~ ~ 8 ~ o Z Vl EXHIBIT B . " ';At" ~ .. , . :::~UH IIIP Ill!u ',.'1,1 I 1 : ild ' I ir. I aU I , Ii 'I <> ., ... EXHIBIT B 15' UT1L. 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':.. ~Iu~ W r~~~rli CARRl~GE POll'ir!,TOWNHOMES CONGRESS AVE &: SW35TI1AVE. BOYNTON BEACH, FL Landscape Plan - Recreation Area PUll ~III ~ i' ill/Ii nli i-I~ ~! -II F J! ~~ ~.. l! 0 tll i1h1fi 1lI~E: I ~~ ~ tI) tl1 1:1 1:1 tl1 () o s; '"i ~ tl1 () o l""" c: ..... 3: .:.. z ~ 1:1 tl1 :.. ~ ~ p .....' ~: III '"=1 ~! ..... ~ II ..... ~ ::<:1 ~ ::<:1 ~ tl1 ~ '"i o Z C! o ,::r:: ,'"i .tI) :6 'tl1 tl1 l""" tl1 ~ ''"i '0 Z ---~.::-~;i! ., ., .n z~ ~~ o Ii () o l""" c: 3: z 1:1 tl1 ~ - l""" w ~ '"= ~ _~__'Lq_ ^ ; .~ --'-~--".-=-----=:: .~. -~g~- .;..., " .:~ ~a~ i~ ",~ ~5~ ~~ ~~li g :~~ g i~o \<Il "l~ii ~ ~~ ~m ~ ~ ,...i...<~-<..& i~ ~g g ~ ." Il'\~:~_-:_-::_:"j',:::s T ..........T1lr.T.....-- TT,.....,... I"T"""n T"T'-' A RECREATION BUllDlNG FOR ;W~ :';11. '.,..:~ ~ ~. .... .~. ~ S ~ ~ g OJ..:,.. :t > . 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I I a.. f~:- u :"f1f x .- CdOd -l 0"- > "- ,,- / ( CII d 1II.c ..!!!~ .tJ ..QQo :J.c &XlI- " " / /11I c: ~L ua U-P ~CIJ ( I Cl/ a. o >.u dlll- __Go -~c 'GlO f') Q. a. ~ (])GI c,.g :J~ OI:U " XCII - ..Q d:J 1-1- GIll> co :J- I-CII .PQ ~- I ea. a.c 00 I- (L "'- ~ X.!: t. u '" c: (LGI IX! ~ !=t ~ " =' '1 I ~ XCII .l(;.g 1-1- rr .r- --./ t. >...!!! ,X.tJ ~5 OI:~ Cl/Q; <<-c 00 u.a. o T Pi ..JO.L. (I~ O,-,.U "OQld ~..Q~ 1II~~ III <+- -5~o ~u ~ ~~:p ...0. o~~ c&-o .2 Qo -P.c-P OItlO UdU Ot.o ...JI--J W I- o Z I=i ~ U GO 3'88 ~"'N -~~ ~" dea. .b-o \ 0.::; CIJ '" -0 GI >CII t.-o :J= u CIJ --~~------'" ~~ @ ClI U d +' .co. IIIG1 dU t. GI l- n: VI t. CII -0 L o IX! t. Qo .g E: ;:: -0 5;;: w~ X-C t.U de (LGI PQ "1 / 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. 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III ~I ~ -~l -- s .. , . . . a ;::: ~ B ; ~ ~ ~ ::l IIlll:lllll!SMO:) IIlI1:lf1l1.1SllOO ~usrX3 Il3N ~ Igo i !i!;::: ~ ii ~ ~. '" ~ ....w c z ~ ... i . W i!i ~ i ~ "Z ~ ;;: ; ~ ... i 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 ~ I J '----.:: SE 1ST ST SE 1ST ST SE 1ST ST SE1STST S \ ---- e ~ - ~~ L ~ I---- Ci ~ - ~ ~...~~~ ~ - ~ Ijzz} '. ~ - - Q) ~ (j~~ ~ CD & Q-1~ ~ - cO ~ ~ 5' I!) ~~ I ~~ N ~,:)~ II ~ l&I - .5 ~ "8~ III ~~ ... III .... 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"'I, i ...." ....... ._.w. ..._ .~- "" --- ( . .Ii !Li II Irmi~~=hi~l; .....K.....:...:I 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 '"_.:~,,'" ~ C;? -' , c. ~j2: ~:~~ -I" ~~~ .- ~;-- . , ;_.:_" 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 '----' -"..... '...0 -q ---- ---,....,.rT-'" "~ f'0 (~ Crt 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% ~ o o N J: 111 0 Q) ... ~ l'll C~ Q) ~ > ... Q)J: 0::1- 111M Q)o Eo :;:;~ :J Q) .c o ..... o o lD...-'<;f"'<;f"'<;f"OO NlDf'-('I)'<;f"f'- ...,j...-'<;f"<OlD"'-"'- <(d';~N~8~gggggg 1-r--:r--:c.O~r0uic:ic:ic:ic:ic:ic:i ON('I)O'>'<;f"O'>"'-wwwwww I-lDlDlDOOlD<O NNNNNN WWWWWW to C! ..... 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H , E-< E-< , r....r....rr..rr..r....r.... ~Hr....rr.. '0 E-< , ~ p.. , O~OOOOOO ~~OO <;' 0 I U H , , 0 ~ , H WfilWWfilW rzlNWW .-I :r: , .:l U I ~ME-<E-<E-<E-<E-<E-< ~CDE-<E-< ri U , "- U) , OHHHHHH OOHH ~ , 0 fiI , co~o::~O::O::O:: ~L1l0::0:: W , H 0 , :S::S::S:3::S::S: :S::S: lJ) ill , , L1l 0 0 , WZ I -co -\D "- Z , ~Olil I ~r-- ~O MOO , H.:l , ~~ ~; NME-< 'ZE-<J1l , "-riZ '''-~~fi1 I 0 \ON;:'" 'OU:>O , :>I ~rr..UfiI:S:(/) N fiI(/) E-<O 'HOHO , U~(/)(/)(/):s: (/):s: o ill I .:lfilU , M r-- 0 ,~ U , r-- 0 fiI~rr.. ,W fiI , <I' co ~ 0 ,::<: P:; , M 0 ~ '0 , co r-- p..0;:'" 'E-< I M fil0E-< ,(/) , ~~H '0 I p..p..u 'U , 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 , '} _..~ -q , > . ,..~~ c' ~,-.-;. ....... ~:....- ~OJ -~rn ':2:P- 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 ~ \lI 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 ,..."""."'..".,...'''......"....~~''''~'''''.''''''''''''~I ,,~,.....I'~;,~.;.">'T.'..'C 21 22 23 24 25 26 27 28 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 . . , I I' 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 .. Cc~.'r'r..{;)""" , I {,"t>- ',;. f'{",.' - Jl v '0 ~'<0~ . ..'. .... .. \;), f f"c; r~ d> 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 . . i I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 1 2 3 4 10 11 12 13 5 6 7 8 9 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 S:\ \RESO\Wind Load Buildings rev (1).doc 21 22 23 24 25 26 27 28 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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 ~ 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, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ~ 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 No-\e., +0 e.o "^ rn \ <i",. (",,~_ O~ <0 -;;2. \ - 0' l~ I..0C":l. ~p~ 0....3 ~~~. ~ ~ ~'D Ve...v~I""'~ d~ ~ ~e~ol,",4,.(",~. '\0 ~ \. ~ <:S~~.f' \ ':> \~'7Ve.o+\NS ~~\'7 ) f\ ~- A009~c.v, o-r~ Cl.~t\~ ""' - . \ -L_' f .. ""'\1' L CAO.D~sC;:E'D "\'-C....~O "\...n~ > vv ____, Clo "" '"". \;. "" """ ~"~,,,..s. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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)~ ! ,: ---! -- / ~.1 -.... ~ :._-j June 20, 2005 (Noonf- I -.' ) , co '.~O d ~ c: July 5, 2005 (Noon) ~,_:':5 ~.-j-; C) .-'::;z -q '1 co -f11 o}> iTl" 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 ...,- t) /' 8e- ~ '":"i~.~/jCII ! ,/ (l,c- If /11, .. J l i ::; 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. - DJ~~ r '- r- f':;:;::' -) ~-1 i--< -q I Q) , ... ~,,- - .. -~:..::.:~ ~;~QJ nl"Tl "..1> .' C") ::c c.:> 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 $142.60 167.50 RJL Financial Group 517 SW pt Avenue Fort Lauderdale, FL 33301 was the previous owner. Thanks. ~H~ 1 Palm Beach County Property Appraiser Property Search System Page 1 of 2 ~~''''~IIl!!~t10f<rir;r~, \:.:F.\ Proper1v Apprai~e"5 P~b'lc 1.;:::;:05 Sntam ~1f4~e" "'I,. , M . ~ r W {Oi;o'" ^' ... "~" ." ~ ..., ~,,". ., ~ ~ f < f'~li ' , , ' , r ~ ,; ~.".,..;;f ~, ~, "'1 _. ,.S%:~>2~t~;", _,~~$ ~t :: ~"':;,~~p'":r'~"~"=':".., , ~~::';Ait~~~ J ~ ~ 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 lllY.ltndoM HII~-.d ~ -Iopel , I I I1I11IIIIIIII11111111I ....... Aoa_ 11117/2183 151~7:5A 2MJIl638JJ9 OR 8M J6a~J P6 1166 PAll! B..c-h County, FIOl'ld,1. oJ. 1Ul d r:-. ~upJH-- O\~ G . ~kcd.~LU 1 I I. I 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; I. 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 I , 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 , 71:. ...-;',-1- I~-:-- ---.j ~ or c (. Vice Mayor ~,;/ am SSion~r .,.. ... ~ : '-- - .,. /" v..... -' ~ _~ ,.; ,r: .. J ..' ~_ . ~.-e~.' . --- Commissioner ! S.'CA DnIJINu.satlce Abalem""ll,ena 080103.doc I ,I I i i Book16043/Page167 Page 2 of 6 ~ . -:-r--..J::I ... ~r c !t, ~ - c tOli ...~ -:l ..... .a; i! C ~ r.; ~ j ~ gi.! ~ ;n .- (!) ~ N 4) C it """ .... 4) C ~ """ i! ~~iaio~i~~a~ ~ $.~"'~I:!~ ~~!~ ~~~ it!~i itf~ !~ C f4 ..J a; .g .i ~ (.) .B .z ~ ! ~ ~ .! ~l~ C ~ .I ~ :: c ~ .B ~ \11) ..J lL .... ~ t"): C CO'): Nf')l ,., tf) ~ -. I I :ci ~ U i-l .!!.Iw ~.. o 0 ,~ :J: (J ! i 1 ! ..J~ ca: ~';- c:~(,) ...- :~ 2 ~ .5 .= cZ I - <:) .. ~_.- ... 1:& ~~ j"': ...: jlQ lQ or- .... * * ! !q f') o ... ~ ,f') :0 ~ ,.... M .... .~ i r I~ : C") '.- I.. ! ;i i I I ~ .~ 1 z ,!~= I ~ % ! ,~ ffi .. 0 i ;3 &! iii E \~o~~ i ~i wb zen >- i~ w..J %% (.) , ' IlQ CI ... ~ '.... II) I N C5 !~ ~ I ~ '1 '~ q f q! \Iao J_a- V III ~a -e 0_ en I~ I . ,"'" ,CD .,- '.. I! .0 ~ ...: .M j:; ~ ... ... ... ~ ....! we Z. N~ i~ j I~I~ .~oS2 .X X W . X '0 -N N.... l~~ .q~ :!.... _, L Book16043/Page169 ,r: .0" . 'itEr,; '0- .t w I 0 . (.) - . -.1 i I .~ .~ .,... :.. I I ~~ M o 5l N ~ "" i~ I~ M ~ CD IN :s I... C iW ~ !ZC I -I l>-w~ ;S:. 0 Ix ~ ~ :~o IN~ :*9 !qg !co 6 ;ON _ ...0...- :~ ti ".... ~ o ... . C") o ~ N .... "" .. ~! .... C Iw ~ zc( ! , fh >-w!i: In; ~Q I~~ I!! ~ N ~ I~ +-.. .... .... . f') o ~ N I; j N 1.1 ; -- ;i ! '~ Id ... .. , I ~ I , N .... . M o ~ N .... .... ... C") N ~ I I.... ~ !~ ~ b ~ 1"'_, ....... wW !%~ ~ '>- W !i: I~~s . % I~, ,U Page 4 of 6 ~CD ,"" :::I 'w c :z! 1....< .... ,''' \ ~ I CI) 10 ~ !: m~gg :I ~c ~i I!~ , ~ I ~ I III1IIIIIIII111I1I111I 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\. :' /; PARCEL CONTRt?~~9..~ER; OB-43-45-16.()l-021_0650 \L.---;./" C \-/ ,.~)..> \(:(f)~ 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 I-- = 'I ~ tl.(J g I (f3 - \ ~ ~t:- . 'j 1 t/ - k~~7 ~ / -"') r- I ~ ~ Ji- M '-- I I \\ ~ 4J --, I~ '-- / ~ I \ .::y;. L............ __"H'" L-.c;V t.t:-eIR--' UMARK 81 ..-......-..-..-..-. I I / ~: 1';1--" '- ~ /\. T / I \'" I I J SITI5 j ~ .\ 11'1~ ~ :----~ t:;: V/ /\ 7 r.:.. '-." ,;( \J.. ~ ./ ""- I--. '7 _ I-- f- :j '=- t- - V 17 \ I I I -- ~ -- ~ ~ 71 111 ~ \ -=~~ I-- ~~ ! - - - I - - I 'I - J. - - ~ V I- ).Y /1 n- "" r / f- :B:: A~.' \) ~ v .\ J J J I/lUd} I ,} ~~'UI /) 2- ~ - ,,\ ~ '>-J.l = CI SCOVE :::: ::: "- \ - - :::: - ---t _ :::: 3: -t- 1 - /"/1'T ,( !/II/'Irf l\//I I I \~ ~' .1 C!I #.. \ ~ .,,-y --KN --v r--- ~"'\\I I,I,? ~ r:::::f-.-. ~ :::C i-- ""T '-- \~ f-- = t-. \~ \ ( - II 'J~ - 770 385 0 770 Feet ,. ilUKIHs. r::: " b Y ~, '\1- ! 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 ~ - ~ r/~ "'<1..L~ "1,',.r r-- ~ ~EZ \ \\ I ~ = ~\\\1 = f.Y"~ - :..~/~ ~ 'f..)Q\ J - \ ' JJ <-- , 'v ~ u ./ I ,-, T \\Y/ I EN6K1t:l:-61R-' ;t= s: i-- . r / / r-- '- - H ~~ I TI ffir .V . .-.......-..-..-..-- ~ f-- , j , I f-- II I I '- "-.t I V I ~I I ~~ \ ~ ~ !:: 7 J I- AI WI / = U1JJ'.......... ~ ~ ;=; - -111r- /' / I \" j SITE J f \I! I f-- '// e ~~// --- t-- 1--- ~ - r-- f-- -k I I - - ,y _...---.1 ~~~ 1'\) ----y ~ ~ :-0<L I II 11111 II 1:?i ~~~ I l) ~~~r~ "\ l ~ '>-ll - = i=: . ii=: :::, "" \' - = ~ 'I-- -l I - - ~ ~ -l _ ~ .... ~) ( 1111'1111'\\ /j I "-.: ! " v ~i CI S COVE .... #. I~ .____. '/,,.....r' , , I ", '( I c--' ~UKE-G ,.----., ~\\l '/~ ~ \ f'~ ~ ~ ~'- ~ f- 1 ~~ '-- <-- I'---. ~ ~\\ ..... == ./ '-- I-- >-- ::--- = I I \\ '/ I\\~ \ f--KN H1'- .... II ( ~ r'"'"V >-- '/~ -" \ I I - 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 :r.':' rv.~......._ .. . "", \ \ j,,,,,, 1.'- I iJ i .~,~~::, ~.~ V-/ 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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D. fH! nn J:(1) ()o 0 ~"'-ll: il i !~ ~ il i ~ ffi' ~~ ~ I t~. c ..... c: c ~ g . D.R. HORTON HOMES Boyton Beach Florida , I ::::i~~~'"<. - ~t! ,- -:, - -, ~~~-~, -- i1-E~ _ __ _ ~~.'~:I] ~ ~ ~ .~, -) .~L' ~j _;, ~ " ~~.\" ." I .. j -,.! . "'- _.- _~_ .-, ~L_,_ - 'h-__ - __c ~ - .-. _i-,:'_ ,- d \ ,~ __~H_E:T!___~:_~:2 ..___ ____=~-_--:nn--u~ e l(~lJ= , sHEETL___tll ,- --.-.----,.,..-,~.;'~-r:...:.:'=;c~l.?;) wu,-L-::-+',... 1 .f r 1"0 ('"{) ):: I.' ~1l'1J \;,~} '1-' (. 1_',c:'.c"I' ! '" ) >'1~1 ~l?~ '~.) f .W:J ,:~~ : '., ~ )", , I I ,.) ~ I.~ L . 0: I. ~ ~ t~+--'T --- --- ~~' i ' ~ ",,0', I ' ~ ==:Jr. i J ' .~ o ~ ~ (( LAWRENCE ROAD =~__J h...-~!']~h~)~:,7': ^ m -< :s: )> ." ~ ~~~I:I ~ ~ ,<! ~ t< i ,I ~ , I s::u ]' '1<5 , , n... I ' ,~ , '-I ~ ~O)I~ I l1.j'Hi I I:~? : j i~" ..t>. , ;.tH j llh~~ ill 0 J~ I i~Hn i .1 U', 'I' ! ~III 1"1'1 , I.i.~l ! ~ I ~:~~~!Jj Kno//wood Groves P. U. D. D.R. HORTON HOMES Boyton Beach Florida H..r~ nft- ::c () 0 '.'r ~!~ ('1) 0 ir,~! m...... ,,~ I ~. ~ ""t - :~ ~ f a 5" ~ ~oc '!' S, 5: ...... ~' '.00..... 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 - ,--- ~ - - ~ :z: i t I; - :z: CD :z: t- ~ -I t- o Z :z: 0 .... .... I ~ - ~ z \ - . ./i~ z ~ ,r "SI-m.: J NW 10TH AVE ~ ~ <, - : :' ~:' .>0.,_; .' ~.. . :z: :x ~ ~ II ~ ~ NW 9TH WAY 7 J( '. ~ ~ -1 7r~ c;. ~ :t ~ NW 8TH AVE ( - ( \ t I---- :z: t I i .... - I "-- NW 6TH AVE L Y CD -I - :x ~ - --- - I t .-/ ./ :z: NW 6TH AVE t- ~ i r OLD BOYNTON RD ~~~ ~t ~ /\ ~ E I I I I I I 300 150 o 300 Feet N A 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. /' 1 , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. /" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 ATTEST: 18 19 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) ~Z 20 !(C;; UCl) JW ~CI) 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 &!-..... :E' ! =I.' G.... .:-~--~ 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) - -_._--------~<~._._._._._-_.__.__._-_._-------~-~-----..~_.~~~- _DINvra MUUUlII Of I DMNS ~NATURE&SCIENCE . ONe SOURCE lone Source ~ 111I 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 /<['"~\, , . I 'Jj '. . 12: 0" JU J- ;:'<_,,,,. _ ___;/~~" v)'oi:~ "'''' 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) :~~ -'-~i ~._~.....; -.... July 5, 2005 (Noon) := r=:: I 17) 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 -'] :~~; ti ""'1 i:;'; -~l" C)-::.. i'le, :::c N r"" w 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 ... EXHIBIT A 1 In. = 164.3 feet . AVE en ", ~ .... ;:I: ~ -3 it Co en "T1 m C m ~ :x: ~ merc al SE 4TH AVE (JJ .-n ~ ;X ~ SE 5TH AVE ~e entia " I I I I I I , I I lE- "R' '~ lw :VJ I I J I , I I I I r- I I I , I , I I I , I I I I I I I I I I I , I I , I I I , Recreati en "T1 m c m ~ ::I: ~ SE 6TH. AVE en ", w ~ ~ en JT1 ~ ;:I: ~ ~ :r: ~ w o W &L tn 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; 9 ~ .....' I ~ . .','t 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 ~ . . PJ Pa~lr Reser ve . CERTIFICATION: Jc;.o,~ . 5 I 5 ~lIK /'1'; JJ,8 10 ~ 9 II cp /2 N I 13 a:: /5 W OJ 17 " ,( ~ A 19 ::n :'0 . ,I I .1. .~ .f "/ ..1'; .. ~ 22 1/1/. 5. 8 . ::'11 '''" :~ 2 '''" 1 ~ 3 4 ,> ~ 'lG . 9 .. 'r IlJ' 7 11~. 10 LB 2102 ..$hee-7 / ~/' c Joe Tucker 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 . 72 r c ..,,> >"...... h...,.. ~ e. c. ..e", / "'"0 Qd A?/J,.v .v. 6-0 /2' 3,:. _~ - ~ _ ;-----....... /=2D.€/.DAl .6'.4.5"7 C04ST R~/c::: eO~L) . ~ ~~ ~~ ~ ):. ~, ~ I\: ~I ~ I 'I . \'l' '" B ~.~ 't\J '\ n-, N ~ ~ , " f ~ ~ ~ ~ til "-v~ I s' if I ... -<) ~ ~ ~ ~N ~ -L- ~ .' \'::) - ~ ..:..- 0 . '-l . "> - "" -::- Cl :> ~'\, ~ ~ ~ ~ ~ ~o 0 () - -'L %"11 '; -~o.. "-: ~ .Sl -0'- ~~~ ~ .' //,;,e" ~ ~Co//~ cas/ //7 7'S.7t: tl7 7/ ,CJCJ (;?) . .. 4 ~h $7:"-i $.6:, . '.. -- I ; k ~ " ~ ." " .~ .~ t' " "- ~ Ctt~ : ~ \ () -- --- . ~ () Q. -----.- . 07 -13"4- :A. Joz. --.F'-~ nt:. ._- Z ~T <:;. __ - .s1J~e1_.. . .. ._ 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) -~-l . --~ . -) ---I --~ ~ ._-,-,....... July 5, 2005 (Noon) c_ , ...- f -'" , '--' .-;~ I en ~~r..... -<-u --i o 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 ~"') :;1': 1'.J .:.; CD "":":rT1 .~)> . '0 -.- ..... ,,-, OJ 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 ~ P'v-4k dy Mana."'" Signa_ ~ L Ue. /' 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) l; June 6, 2005 (Noon) -'~':~) -..j -;-< ,~ '" ~.- -~. June 20, 2005 (Noon) ;,-_ -q July 5, 2005 (Noon) r CF\ -'.:'-::1 / _ _r",. ..., --i c-=:> 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 /-::3 d_ - , J'"1CO :~~;: '0 :r: :'-) \....() 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) .') -..j -- ~ --...-?-..... June 20, 2005 (Noon) 'T1 July 5,2005 (Noon) (.)-') , ~ J C) " -~"1 .~,--:: ---.{ C) 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 N --- --'-I 0:> '-D ~.";m ~I~m r;~)> ("") :z: 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 l.. ....) . ..; --:) ~ ':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 :"Cl ;~/ !:; ::r 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. 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DESIGN SOUTH Landscope A1ctifectue I land PlannIng Environmental Consultation THE PENINSULA PREPARED FOR WATERBROOK COMMUNITIES d l;1 ....... I I I I I t I n!ill;pfi:li ~ilUI 11;1 ~Itl h~~1 i;11i! ijllh =,1 :1; :llr! !1111 III il ~ I = I ; II gIll I ! I I ~il~i; ; I~I~I I I I 5 Ij~ ill :1 iX:i i~I!I~ il! !il'l~ I ! =Ii I' !l; i j!! 11;lii i ,II I .. 5 ~ "~i i III ;Ii : i ! I:! ;1 ~b s iCi, I.. EXHIBIT B MA TCHLlNE SEE LP2 __ _1 vdl 335 3NIlHJl VW I I J ! III ~Hi -05: , ~'8I ~ z ~ iik 51 L I~ -~ J ~ i~ N r~ m THE PENINSULA PREPARED FOR WATERBROOK COMMUNITIES LAND. DESIGN SOUTH BOYNTON BEACH, FLORIDA Landscape Archllec1ue I Land PlannIng Environmenal COI11Wtation ~ j~ ill !II~ i:l~ ~h! I rdl .~.- Ii i: 11= a! :Iil IIIIUh.II'i~l" "llr D if !e I Rill ImH 11I:= :~~ ;Ir! !~ I!! 111:1~li 11111.1,1 :il~iJ I ~ i ~ I I I ! · I I I I I ......... U~il;:III;~U ~~i il i '11l:!I'~ g'lilrlll;;il li. J"" !llq~! i~lh ; ;:1 ! I ;~ l a I" III II,al; i Jill ; ". 5 ~ig i ; i 'I ;1; I : i I J=I ; i i ~Ii ; I iCiJ ij.. EXHIBIT B MA TCHUNE SEE LP3 --- ;.~a~- I -: ~r n_ --- ~-"~-~- n-1 ~~~ -~ r-- _n:_~~ - ~~;.' -- - - ~~~; '--.r-~. f::T:::L._ . ~ ~ .~I'" ""- f ~L )< 1;l1!J _. . ..._ __~ --' i~'~ -LL =__.:::.= -Q h ~"l · ~ :~ I,~. .-----!rt /1 L-- I< I j A;F F==-=: I ,~~ ~~T~2~~7::-~ I Wt~ ~:=-= ~~j~~ ~ ~;f; -Q ,C} I-==:-~-~ -Q (} ~ ~ ; ~ I' '- :;~ \ """ ,., "'" / r:tJ h t>. .~ } ----; @J r~J I" -- i ro ~ ~ .. ii!i b I ~ ) I~ ,-~--- r;~;:] ~ b.., If ~ Q~ C1J.\% J,tl\ I ~ t} 1 '. ~\~~ "j: ~II ,~~ ~ \, .~. r '~~ ~~~, --~'-!~ j cr. · u f,~~" ,,<'~ $J \=- ~ I ~ '1 E~D .". "I -~ . : ~~&ij > '. 1,~,~ ~;! ~~.~LW> 'l!l ',;. ~ - -Vii ciJ I --.II-- tI"~ \ ~I ~ ---~ ~l:.~ ---, ~1\ !(/'1ll-~ ~...~) I'~;' 1111 \1 ~,. / ~ J ~ -~G!J -/ --F7--7!LL 7 Z ~ ~l::~ --S~l!:Ji~lllr::1:l1 --:;; ~~?,~::J li~" ~rmn --.....:::: :'1y . *! ?i ~!I,; : I~ ~Iillp " THE PENINSULA PREPARED FOR WATERBROOK COMMUNITIES I LAND. DESIGN SOUTH Londscope Archllectue I land I'IanI*'ll Environ_I Consultation BOYNTON BEACH, FLORIDA ~,.,!. ___>t____. ",- "; - -<-- I ;,:-' ,- ,-~.--",-,., "". ; I H ! :~i:rtili ~' ~ J,; : 1qH(1 tiHi I' J $I! ~ ~ I l'IPt,: Jg;:: j i! g' ! , IT I, , ',) . , ~~ o 11:1 I II! I'I iHi1 · · .,sf ~ ,,! Ir rll EXHIBIT B 5""-- _,~_.....__;__.il>-_~~'~.'~ ~. '";:-;- '-0'1_ ~.l;'i.L"1 ~<:::;;illW~::-~~~""'- . I , t I ~ I ;~~h~tl.~t,.g . . . ;ril d i Ur~i ~~ ~ I ! 1~i'n:!;nl~ flJ~; . ! ,ft. ~ ; " ill j t Hh h. ~ \: ~I 'I I '. tl , f. !! . f' ~ i! . " OJ 11:1 (IJ m o -l <5 z (IJ 1.1 I.. 1"1 ., .., )> I.. 1"1 ., ~ "' Y' ~ 1" I I.. Ii IS "1 I, I! ~I ;, :i ~! & en m (") -I (5 Z )> , ~ THE PENINSULA PREPARED FOR W A TERBROOK COMMUNITIES BOYNTON BEACH. FLORIDA ---- ~ LAND. DESIGN SOUTH londscape .AIchIlec1IJe I Lond PIarvlJng Environmental Comukadon EXHIBIT "C" 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 COA 06/08/05 3 DEPARTMENTS 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. COA 06/08/05 4 I DEPARTMENTS INCLUDE REJECT 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 COA 06/08/05 5 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 COA 06/08/05 6 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~. COA 06/08/05 7 DEPARTMENTS INCLUDE REJECT 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 1..0 " ~:c- 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. 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'll c: ~~!,! es'en5 S"Gl= ......!sJ GlECl!ll ,S'19C:= ~.!~o _ ~ &1: lII.8iO) 511l.c1! ~ :E c: o "" '6 'C III 8 q:: iii .... >> c: III l!:: $ c: ~ OJ il iU- E B c 1II 'C ~ ~ J: III '2 'E ~ 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 1 2 3 4 5 6 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 12 13 14 15 16 17 18 19 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 I! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 ..../.~...............").., d,.( 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 . ~':.\'f'" ',/' . .- _." r.. /\1' >.' .' " 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 ~,...~~...,o,,,,,,,.,._~~,,,-___,__....,,,~,,,,~..",~,,_,.~~,,,~~,.,,,,,,,,,,'"_"",,,.",,,,".0~,_.'''',,,;_,,",,,,,,,,_~";,,~;,"~_,,~,,,,,,,,,,,c",_..'"_'"',".,',.,.~'.'''.,'''.e'''.",''''''''''.''''~~'.F''''' 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 26 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 27 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: 28 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 29 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. 30 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 31 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 32 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 33 (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) 34 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 35 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. 36 (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. 37 (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. 38 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. 40 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. 41 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: 42 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: 43 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. 10 (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 11 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 12 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 13 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 LAP:st 9.7.04 C:\Documents and Settings\ferraraJ\Local Setlin~S\Tem;orarv Internet Files\OLKDI\BBCRA HOB proiecLCitvCRA Revised 6.27.0S.Revised 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 LAP:st 9.7.04 C:\Documents and Settine;\ferraral\Local Setti~s\TemDOraTY Internet Files\OLKDI\BBCRA HOB ~~ect.Ci~'CRA Revised 6.27.05.Revised .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 LAP:st 9.7.04 C:\Documents and Settin~s\feITaral\LoCal Setti::s\Ter:orarv Internet Files\OLKDl\BBCRA HOB proiect.CitvCRA Revised 6.27.05.Revised 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 LAP:st 9.7.04 C:\Documents and Settings\ferraral\Local Setti~s\TemporaTV Internet Files\OLKDI\BBCRA HOB ~~ect.Ci;ERA Revised 6.27.05.Revised 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 LAP:st 9.7.04 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 LAP:st 9.7.04 C:\Documents and SettingslferrarallLocal Settin~sITem~ Internet FilesIOLKDI\BBCRA HOB Pro~ect.Ci~CRA Revised 6.27.05.TCVised dCh.dOC~~~~~:1 :~~~ ~~~~a]\BBCR~ HCh.. BFeieeI.CitvCR.'\ Re',ised .no:. e",ised lIelulaeM:\.mlCf'I(l~"(I1 Agracmtml:d!OB 11lIerlncal\BBCR.\ HOB projoctCityCR:\ Revised e. I .05.Rc".ised deh.prillLlIac 1'Ii!~IlI!Il'i"IFI".~J!lt"\ll" 'llt.,""~"!IJ'....'\' """"1~' '." ,'" -,.,. I. '.. _'.~ i '.,~. .~... 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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 ,;: ~,\..., .:':'.="0'''"'- ."" -.,..... ,'. ,. -- '" " ,- .- .-." , o . \ ;-1 : "".' .? :t "=;";V' ///,;/' 'r'O~'~J-0Y// ,A 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 / ~"S;gn.tm, 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 ':-:J Cq c._ ~-) --;. --j -"~-'": -/" ---"'4 .... _Or! . . 0') 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. D1 A. an >- an Q) If " .c . _. ac.. ...... .. ."'" (]) cx) r"- C . . ... ... ..... ..... ...... ..... CX) ..... ..... ~. tU ..... E ......C) e ..... -5 .... ~ ... .. o ~ . . u) .... ("\I .... CX) ". . ("\I .... ill .... ... .' . . . . " " " o .::.t:. C"\I o ".. ~ (.::) ~ ....: .c, (D I..D ...., anle^ 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. 2 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