Agenda 10-07-14 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, OCTOBER 7, 2014
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Joe Casello
Vice Mayor – District IV
David T. Merker
Commissioner – District I
Mack McCray
Commissioner – District II
Michael M. Fitzpatrick
Commissioner – District Ill
Lori LaVerriere
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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www.boynton–beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
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.
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, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the
right to impose time limits on the 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 – Time Limit – Three (3) Minutes
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, with the exception of
Consent Agenda Items that have not been pulled for separate vote, reports,
presentations and first reading of Ordinances – Time Limit – Three (3) minutes
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 who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption
of the public meeting. An order by the presiding officer issued to control the decorum of the
meeting is binding, unless over-ruled 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 Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Jerry Taylor
B. Invocation by Father Daniel Fink, St. Mark Catholic Church
C. Pledge of Allegiance to the Flag led by Mayor Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announce the request from the Recreation & Parks Department for
nominations for the Holiday Parade Grand Marshal
B. Proclaim October as National Community Planning Month
C. Announcement of the Boynton Beach Community Redevelopment Agency's
(CRA) Pirate Fest and Mermaid Splash Days scheduled for October 25-26,
2014.
D. Announcement by Recreation & Parks Director Wally Majors regarding the
"Rally For The Cure" event, which will be held at the Tennis Center on
Saturday, October 25 beginning at 10 a.m.
E. Due to Election Day on Tuesday, November 4, 2014, the first City Commission
meeting in November will be held on Wednesday, November 5, 2014 at 6:30
p.m.
F. Announce Reading Oasis Program and thank City partners for their generous
donations
4. 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)
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5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 1 regular and 1 alternate
Building Board of Adjustment and Appeals: 1 regular and 1 alternate
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 alternate and 1 student N/V
Financial Advisory Committee: 4 regulars and 2 alternates
Golf Course Advisory Committee: 1 alternate
Historic Resource Preservation Board: 2 alternates
Library Board: 1 alternate
6. 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
PROPOSED RESOLUTION NO. R14-096
A. - Approve an agreement with the
City of Lake Worth and Hypoluxo & I-95 Holdings, LLC to provide wastewater
service to a parcel on the northeast corner of Hypoluxo Road and High Ridge
Road.
PROPOSED RESOLUTION NO. R14-097
B. - Authorize the City Manager to
execute FCC Notification for Spectrum Manager Lease and Ownership
Disclosure Information Form for Sensus Technologies and the licensed FlexNet
System.
PROPOSED RESOLUTION NO. R14-098
C. - Authorize and direct execution of a
second amendment to the lease agreement for telecommunications tower site
with STC FIVE, LLC ("Sprint" or "Tenant") to allow four (4) additional five-year
terms, thereby extending the lease agreement 20 years to October 29, 2041;
and to increase the size of the lease parcel by 621 square feet for the existing
telecommunications tower at the City's Water Storage Tank (3600 Miner Road).
PROPOSED RESOLUTION NO. R14-099
D. - Approve the Right of Entry Permit,
License, and Development Agreement for Fitness Zone Equipment Installation
with The Trust for Public Land (TPL) for the Fitness Zone® at Congress
Avenue Barrier Free Park and authorize the City Manager to execute the Final
Acceptance and Assignment of Warranty documentation.
PROPOSED RESOLUTION NO. R14-100
E. - Approve Letter Agreement
between Florida East Coast Railway, LLC, (FECR), the City of Boynton Beach
and All Aboard Florida-Operations LLC (AAF) relating to the Crossing
Agreements and railroad crossings referenced therein.
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PROPOSED RESOLUTION NO. R14-101
F. - Supporting a referendum placed on
the November 4, 2014 Ballot by the School District of PBC to continue an ad
valorem levy for school operational needs.
PROPOSED RESOLUTION NO. R14-102
G. - Authorize a Notice of Intent to
address unknown impact of production and distribution of medical marijuana.
H. Accept the FY 2013-14 Budget Status Report of the General Fund & Utility
Fund for the eleven (11) month period ended August 31, 2014.
I. Authorize the Finance Department to reduce the Allowance for Uncollectible
Account and the Accounts Receivable Accounts by $319,917.85, in unpaid
Utility and Refuse billings that have been turned over to the City’s collection
agency.
J. Approve a one-year renewal for Bid No. 066-2730-12/DJL, Sod and Sod
Installation. The City of Boynton Beach is lead agency for this Southeast
Florida Governmental Purchasing Cooperative Group Bid with 20 participating
government agencies. The estimated annual expenditure for the City of
Boynton Beach is $7,500.
K. Approve the minutes from the Regular City Commission meeting held on
September 3, 2014
7. BIDS AND PURCHASES OVER $100,000
A. Approve utilizing the State of Florida Mobile Communications Services (MCS)
Contract for wireless voice and data services with AT&T, Sprint and Verizon for
fiscal year 2015 for the City Departments requiring these services. The State of
Florida Contract expires January 2017. The anticipated annual expenditure for
all Departments is $140,000.
B. Authorize the use of the United States Postal Service (USPS) as a sole source
vendor for Fiscal Year 2014/2015 for postage costs associated with Utility
billing for an estimated amount of $140,000.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 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.
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PROPOSED ORDINANCE NO. 14-013 - FIRST READING - PUBLIC
A.
HEARING
- Approve High Ridge Landing PUD rezoning (REZN 14-002) from a
PUD (Planned Unit Development) with the Master Plan for 110 single-family
homes, to a PUD to be combined with adjacent property to the north,
establishing a Master Plan consisting of 184 apartments, the Imagine Charter
School and athletic fields, located at the NW corner of High Ridge Road and
(TABLED TO
Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC.
10/7/14)
PROPOSED ORDINANCE NO. 14-014 - FIRST READING - PUBLIC
HEARING
- Approve High Ridge Landing PUD rezoning (REZN 14-002) from
R-2 (Single and Two-Family Residential District) to a PUD to be combined with
adjacent property to the south establishing a new Master Plan consisting of 184
apartments, the Imagine Charter School and athletic fields, located at the NW
corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge
(TABLED TO 10/7/14)
Housing, LLC.
B. Approve a Major Site Plan Modification (MSPM 14-002) to allow construction of
184 multi-family rental units (High Ridge Landing) consisting of eight (8) two-
and three-story apartment buildings, amenity area, and related site
improvements at the northwest corner of High Ridge Road and Miner Road, on
8.44 acres within a PUD (Planned Unit Development) zoning district. Applicant:
. (TABLED TO 10/7/14)
Ron Roan of High Ridge Housing, LLC
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 14-020 - SECOND READING - PUBLIC
A.
HEARING
- Approve amendment to the Land Development Regulations,
Chapter 4, Article 5, Sections 3, 4 and 5 inserting Flexible Parking Provisions
Promoting Smart Growth (CDRV 14-002) through the addition of reduced
parking ratios and eligibility criteria for projects justifying lower parking needs
and accommodating, in part, fuel efficient vehicles, EV charging stations,
incentives for use of mass transit and ride sharing. Applicant: City-initiated.
(TABLED -- TO BE HEARD ON 10/7/14)
PROPOSED ORDINANCE NO. 14-023 - SECOND READING - PUBLIC
B.
HEARING
- Approve the historic designation application for the site of the
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Boynton Woman's Club located at 1010 South Federal Highway, Boynton
Beach.
PROPOSED ORDINANCE NO. 14-024 - SECOND READING - PUBLIC
C.
HEARING
- Approve the extension of the current Mobile Vending Unit
regulations for a period of 90 days.
PROPOSED ORDINANCE NO 14-025 - SECOND READING - PUBLIC
D.
HEARING
- Approve ordinance dissolving the Quantum Community
Development District.
PROPOSED ORDINANCE NO. 14-027 - FIRST READING
E. - Approve
Amendment to Ordinance 13-003 to restate the terms of appointees Woodrow
L. Hay and James "Buck" Buchanan
PROPOSED ORDINANCE NO. 14-028 - FIRST READING
F. - Approve the
abandonment of an existing 12 ft. utility easement along Military Trail as part of
the construction of a Walmart store at Military Trail and Coconut Lane. Accept
dedication of additional right-of-way to Palm Beach County.
14. FUTURE AGENDA ITEMS
A. Adopt FY 14/15 Strategic Plan Action Agenda - 10/21/14
B. Commission discussion and direction for the Financial Advisory Committee for
the FY 14/15 - TBD
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION 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 AUXILIARY 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 THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO
THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR
REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA
ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS
.
PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 7, 2014
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October 7, 2014
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Announce the request from the Recreation & Parks
EQUESTED CTION BY ITY OMMISSION
Department for nominations for the Holiday Parade Grand Marshal
ER:
The Holiday Parade Grand Marshal is someone who has
XPLANATION OF EQUEST
made a lasting impact or significant contribution to the Boynton Beach Community. It is
an outstanding individual who exhibits community leadership, acting as a mentor or
contributing personal efforts that reflect positively on our community. The Recreation &
Parks Department is accepting nominations for the Grand Marshal through October 24,
2014. Nomination forms can be received by contacting the Department, or can be
completed online. The Recreation & Parks Advisory Board will then review the
nominations and select the Grand Marshal at their meeting on October 27.
H?
This will have no affect on City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
programs or services.
FI:
N/A
ISCAL MPACT
A:
Do not make the announcement.
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 7, 2014
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Proclaim October as National Community Planning
EQUESTED CTION BY ITY OMMISSION
Month
ER:
Each year the American Planning Association (APA), its
XPLANATION OF EQUEST
members, chapters, divisions, and professional institute sponsor National Community
Planning Month to raise awareness of the important role of planners and the planning
process in communities across the U.S.
The American Planning Association describes City or Urban Planning “as a dynamic
profession that works to improve the welfare of people and their communities by
creating more convenient, equitable, healthful, efficient, and attractive places for present
and future generations. Planning enables civic leaders, businesses, and citizens to play
a meaningful role in creating communities that enrich people's lives. Good planning
helps create communities that offer better choices for where and how people live.
Planning helps communities to envision their future. It helps them find the right balance
of new development and essential services, environmental protection, and innovative
change.”
This description translated to local efforts and/or projects here in the City would include
the following noteworthy accomplishments and planned initiatives:
The amendment of the Land Development Regulations to include the addition of
water conservation mechanisms;
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Update of the Heart of Boynton Redevelopment Plan through public involvement
and City-CRA collaboration;
The ultimate consolidation and update of the remaining Community
Redevelopment Plans through comprehensive analysis and community
involvement;
Amendments to the LDR to lessen the impact of non-residential uses on
residential neighborhoods;
Establishment of provisions in the LDR to promote sustainable living by
encouraging and/or accommodating charging stations for electric vehicles and
small wind power systems;
Establishment of Transit Oriented Development Regulations and corresponding
design standards that emphasize public amenities and, in particular, prioritize the
pedestrian over the automobile, through collaborative planning efforts involving
the Treasure Coast Regional Planning Council and State of Florida;
Establishment of a Greenways & Trails Plan to showcase the City’s natural and
active recreation areas, to promote a healthy lifestyle through accommodation of
safe physical activity, and to offer an alternative to the automobile for local
transportation needs;
Continued implementation of the City’s Historic Preservation Program to promote
preservation and create educational opportunities for greater understanding and
appreciation of local historic assets;
Planned modification of the Workforce Housing Ordinance to balance the City’s
workforce housing needs and a need to support a fragile economic recovery;
Planned integration of the nationally-recognized Complete Streets program into
the City’s Land Development Regulations.
Also worthy of recognition as part of the planning process is the participation and
dedication of those current and past members of the Planning & Development Board,
the Historic Resources Preservation Board and other boards and committees who
contribute their time and expertise to the improvement of our City.
It should be noted that “Planning” is also recognized at an international level, as “World
Town Planning Day” is celebrated in 30 countries on four continents in November.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
None recommended
LTERNATIVES
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COMMUNITY PLANNING MONTH
PROCLAMATION
WHEREAS
, change is constant and affects all cities, towns, suburbs, counties, boroughs,
townships, rural areas, and other places; and
WHEREAS,
community planning and plans can help manage this change in a way that provides
better choices for how people work and live; and
WHEREAS,
community planning provides an opportunity for all residents to be meaningfully
involved in making choices that determine the future of their community; and
WHEREAS,
the full benefits of planning requires public officials and citizens who understand,
support, and demand excellence in planning and plan implementation; and
WHEREAS
, the month of October is designated as National Community Planning Month
throughout the United States of America and its territories, and
WHEREAS
, The American Planning Association and its professional institute, the American
Institute of Certified Planners, endorse National Community Planning Month as an opportunity to
highlight the contributions sound planning and plan implementation make to the quality of our
settlements and environment; and
WHEREAS
, The celebration of National Community Planning Month gives us the opportunity to
publicly recognize the participation and dedication of the members of the Planning & Development
Board and other citizen planners who have contributed their time and expertise to the improvement
of the City of Boynton Beach, and
WHEREAS
, We recognize the many valuable contributions made by professional community and
regional planners who serve the City and extend our heartfelt thanks for the continued commitment
to public service by these professionals;
NOW, THEREFORE
, BE IT RESOLVED THAT, the month of October 2014 is hereby designated
Community Planning Month
as in the City of Boynton Beach in conjunction with the celebration
of National Community Planning Month.
Adopted this ___________ Day of ______________, 2014.
______________________________________ (SEAL)
Mayor
___________________________________
City Clerk
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 7, 2014
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RACC:
Announcement of the Boynton Beach Community
EQUESTED CTION BY ITY OMMISSION
Redevelopment Agency's (CRA) Pirate Fest and Mermaid Splash Days scheduled for October
25-26, 2014.
ER:
The 3rd Annual Boynton Beach Pirate Fest and Mermaid
XPLANATION OF EQUEST
thth
Splash will be held on October 25 and 26.
thth
On Saturday, October 25 and Sunday, October 26, the event will begin at 11:00 a.m.
and include 3 stages of continuous live music, children’s activities, pirate reenactments,
aerial acts, magic shows and more. Craft and food vendors, including local businesses
and restaurants, will be on-site. The festivities will continue until 9:00 p.m. with live
music at the east end of Ocean Avenue at Federal Hwy.
th
On Sunday, October 26, the Pirate Fest will end at 7:00 p.m. The Pirate Fest will take
place on East Ocean Avenue, between Seacrest and NE 1st Street. This event is FREE
to the public. There is ample free parking available in the surrounding areas.
Everyone is encouraged to participate in the “pirate/mermaid nostalgic maritime” theme
by dressing in costume!
The Schoolhouse Children’s Museum and Learning Center will present a Spooktacular
Haunted (School) House, both days, 10:00 a.m. to 5:00 p.m. The cost to attend is the
admission fee to the Schoolhouse Children’s Museum.
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H?
The City will provide necessary
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
support such as road closures, water service, marketing assistance, etc. to the event.
FI:
CRA Budget – line item 02-58500-480
ISCAL MPACT
A:
Do not allow announcement.
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 7, 2014
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Announcement by Recreation & Parks Director
EQUESTED CTION BY ITY OMMISSION
Wally Majors regarding the "Rally For The Cure" event, which will be held at the Tennis Center
on Saturday, October 25 beginning at 10 a.m.
ER:
Proceeds from this event will benefit “Rally For The Cure”,
XPLANATION OF EQUEST
supporting the Susan G. Komen For The Cure. Anyone interested in participating can
register at the Boynton Beach Tennis Center Pro Shop located at 3111 S. Congress
Ave, Boynton Beach.
FI:
Deadline to register October 17. Fee is $25 per player, of which $20 is
ISCAL MPACT
donated to “Rally For The Cure”.
A:
Do not make the announcement.
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 7, 2014
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RACC:
Due to Election Day on Tuesday, November 4,
EQUESTED CTION BY ITY OMMISSION
2014, the first City Commission meeting in November will be held on Wednesday, November 5,
2014 at 6:30 p.m.
ER:
In observance of Election Day and in accordance with Sec.
XPLANATION OF EQUEST
8, City Charter, the regular City Commission meeting scheduled for Tuesday, November
4, 2014 should be deferred to Wednesday, November 5, 2014
H?
There will be no effect on City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
programs or services.
FI:
None
ISCAL MPACT
A:
Conducting the meeting on Election Day on November 4, 2014 would
LTERNATIVES
be in conflict with the City Charter.
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3. F
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 7, 2014
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Announce Reading Oasis Program and thank City
EQUESTED CTION BY ITY OMMISSION
partners for their generous donations
ER:
The Reading Oasis program is a partnership between
XPLANATION OF EQUEST
Scholastic Books and Kiwanis. It supplies 1200 books and furniture to Title I
elementary schools at a value of $10,000. The Gold Coast Knights Kiwanis Club chose
Rolling Green Elementary School to have the first Reading Oasis in Palm Beach
County. The project requires strong community involvement. To date the following
partners have contributed to the project:
Boynton Beach Fire Rescue Dept. (Benevolent Association)
Boynton Beach Police Dept.
Greater Boynton Beach Chamber of Commerce
Greater Boynton Beach Foundation
City of Boynton Beach Education & Youth Advisory Board
Lantana Chamber of Commerce
Palm Beach County Sheriff’s Dept.
The Gold Coast Kiwanis would like to thank each of these partners and invite them and
the public to attend their Grand Opening on November 21, 2014 at Rolling Green
Elementary. Further details to be announced.
H?
n/a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
n/a
ISCAL MPACT
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A:
n/a
LTERNATIVES
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5. A
ADMINISTRATIVE
October 7, 2014
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RACC:
Appoint eligible members of the community to
EQUESTED CTION BY ITY OMMISSION
serve in vacant positions on City advisory boards. The following openings exist:
Arts Commission: 1 regular and 1 alternate
Building Board of Adjustment and Appeals: 1 regular and 1 alternate
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 alternate and 1 student N/V
Financial Advisory Committee: 4 regulars and 2 alternates
Golf Course Advisory Committee: 1 alternate
Historic Resource Preservation Board: 2 alternates
Library Board: 1 alternate
ER:
The attached list contains the names of those who have
XPLANATION OF EQUEST
applied for vacancies on the various Advisory Boards. A list of vacancies is provided
with the designated Commission member having responsibility for the appointment to fill
each vacancy.
H?
Appointments are necessary to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
keep our Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-096 -
EQUESTED CTION BY ITY OMMISSION
Approve an agreement with the City of Lake Worth and Hypoluxo & I-95 Holdings, LLC to
provide wastewater service to a parcel on the northeast corner of Hypoluxo Road and High
Ridge Road.
ER:
Hypoluxo & I-95 Holdings, LLC (the Developer) owns
XPLANATION OF EQUEST
parcels within unincorporated Palm Beach County at the northeast corner of Hypoluxo
Road and High Ridge Road and is currently in plan review with Palm Beach County to
develop the properties. The project is located within the City of Lake Worth’s utility
service area. Lake Worth can provide potable water service but does not currently have
sanitary sewer lines in the area. Although the properties are not in the City of Boynton
Beach’s service area, Boynton Beach maintains sanitary sewer lines in the vicinity of
the site, which can be extended to allow Hypoluxo & I-95 Holdings, LLC to connect to
Boynton Beach’s sanitary sewer system in order to provide wastewater service.
H?
There will be no adverse impact to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the services provided by Boynton Beach Utilities. The City of Lake Worth will become a
customer of Boynton Beach, and will be responsible for remitting payment to Boynton
Beach for the wastewater services provided to the project. In turn, Lake Worth will bill
Hypoluxo & I-95 Holdings, LLC for the wastewater services that are provided.
This agreement will be in effect until such time as Lake Worth extends its sanitary sewer
facilities to the site and available for hook-up, at which time Hypoluxo & I-95 Holdings,
LLC will disconnect from Boynton Beach's facilities and connect to Lake Worth's
facilities within the timeframe stipulated in the agreement.
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FI:
Hypoluxo & I-95 Holdings, LLC has agreed to pay the cost of
ISCAL MPACT
extensions and improvements to Boynton Beach’s sanitary sewer system and to pay
connection and service charges in accordance with Lake Worth’s Code of Ordinances.
The City of Lake Worth will open an account and become a customer of Boynton Beach
while this agreement is in effect.
A:
Not approve the agreement and not provide wastewater service for the
LTERNATIVES
project.
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RESOLUTION NO. R14-096
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AN AGREEMENT WITH THE CITY OF LAKE WORTH
AND HYPOLUXO & I-95 HOLDINGS, LLC., TO PROVIDE
WASTEWATER SERVICE TO A PARCEL ON THE NORTHEAST
CORNER OF HYPOLUXO ROAD AND HIGH RIDGE ROAD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Hypoluxo & I-95 Holdings, LLC., owns parcels of land within
unincorporated Palm Beach County at the northeast corner of Hypoluxo Road and High Ridge
Road and is currently in plan review with Palm Beach County to develop the properties; and
WHEREAS
, the project is located within the City of Lake Worth’s utility service area;
and
WHEREAS,
Lake Worth can provide potable water service but does not currently have
sanitary sewer lines in the area; and
WHEREAS,
Boynton Beach maintains sanitary sewer lines in the vicinity of the site
which can be extended, at Hypoluxo & I-95 Holdings, LLC’s costs, to allow Hypoluxo & I-95
Holdings, LLC., to connect to Boynton Beach’s sanitary sewer system in order to provide
wastewater service; and
WHEREAS,
the City Commission has determined that it is in the best interests of the
residents of the City to approve an Agreement with the City of Lake Worth and Hypoluxo & I-95
Holdings, LLC., to provide wastewater service to a parcel on the northeast corner of Hypoluxo
Road and High Ridge Road.
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
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2.
The City Commission does hereby approve and authorize the Mayor and
24 of 398
City Clerk to execute an Agreement with the City of Lake Worth and Hypoluxo & I-95
Holdings, LLC., to provide wastewater service to a parcel on the northeast corner of Hypoluxo
Road and High Ridge Road, a copy of the Agreement is attached hereto as Exhibit “A”.
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
ATTEST:
_______________________________
Commissioner – Michael M. Fitzpatrick
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. B
CONSENT AGENDA
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14- 097 -
EQUESTED CTION BY ITY OMMISSION
Authorize the City Manager to execute FCC Notification for Spectrum Manager Lease and
Ownership Disclosure Information Form for Sensus Technologies and the licensed FlexNet
System.
ER:
XPLANATION OF EQUEST
The Meter Services Division of the Utilities Department is nearing completion of the
migration from an AMR reading system to an AMI reading system that uses fixed based
radio technology. The City will lease and use a new frequency that is owned by Sensus
Technologies. A disclosure form is necessary for Sensus Technologies to file the
frequency on our behalf with the Federal Communications Commission.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The frequency registered on our behalf is necessary to communicate with over 35,000
meter end points throughout the service area. The frequency is used to transmit meter
consumption data at regular intervals for use in customer service and billing. Currently,
there are two fixed base antenna towers utilizing this frequency to communicat.
Additional devices may be added in the future using this frequency for improved
communication throughout the service area. There is no impact for the additional
devices, they are essentially frequency repeaters or signal strengtheners.
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The Commission is required to verify citizenship and ownership interests in any entity
regulated by the FCC. Such ownership must be disclosed where a Mayor/Board
member owns 10% or more, directly or indirectly, or has operating control of any entity
subject to FCC regulation. Staff has provided preliminary information on the attached
disclosure form for Commission members review and approval.
FI:
ISCAL MPACT
There is no fiscal impact, this is part of the Sensus Technology AMI agreement currently
in place.
A:
LTERNATIVES
An alternative would be to revert to manual meter reading, or obtain a separate
frequency and become fully responsible for the operation of the AMI system. This
requires full time IT dedication with specialized knowledge for any issues that arise with
the operation of the system.
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RESOLUTION NO. R14-097
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN FCC
NOTIFICATION FOR SPECTRUM MANAGER LEASE AND
OWNERSHIP DISCLOSURE INFORMATION FORM FOR SENSUS
TECHNOLOGIES AND THE LICENSED FLEXNET SYSTEM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Meter Services Division of the Utilities Department is nearing
completion of the migration from an AMR reading system to an AMI reading system that
uses fixed based radio technology; and
WHEREAS,
the City will lease and use a new frequency that is owned by Sensus
Technologies, therefore a disclosure form is necessary for Sensus Technologies to file the
frequency on the City’s behalf with the Federal Communications Commission; and
WHEREAS,
upon recommendation of staff, the City Commission has determined
that it is in the best interest of the residents and citizens of the City of Boynton Beach to
authorize the City Manager to sign the FCC Notification for Spectrum Manager Lease and
Ownership Disclosure Information for Sensus Technologies and the licenses FlexNet
System.
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
being true and correct.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
authorizes the City Manager to sign the FCC Notification for Spectrum Manager Lease and
Ownership Disclosure Information for Sensus Technologies and the licenses FlexNet System, a
copy of which is attached hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED
this ______ day of October, 2014.
CITY OF BOYNTON BEACH
___________________________
Mayor – Jerry Taylor
____________________________
Vice Mayor – Joe Casello
____________________________
Commissioner – David T. Merker
____________________________
Commissioner – Mack McCray
____________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
38 of 398
FCC Notification for Spectrum Manager Lease and Ownership Disclosure Information
In order for Sensus to apply to the FCC on the Customer’s behalf for a spectrum manager lease, Customer must complete the
information below in boxes one (1) through eight (8) and certify via authorized signature the statements in box nine (9). Customer’s
signature will indicate that Customer authorizes Sensus to file the spectrum manager lease notification on FCC Form 608 with the
Customer as spectrum Lessee, as well as ownership disclosure information on FCC Form 602.
1. Customer/Lessee Information
Customer/Lessee Name: City of Boynton Beach
Attention to: t Name of Real Party in Interest:
Street Address: 100 E. Boynton Beach Blvd. Phone: 561-742-6000
Fax:
City: Boynton Beach State: FL Zip: 33435 E-mail:
2. Contact Information [ Check here if same as above]
Company Name: City of Boynton Beach
Attention to: Utilities Department Name of Real Party in Interest: Waneya Bryant
Street Address: 124 E. Woolbright Road Phone: 561-742-6427
Fax: 561-742-6298
City: Boynton Beach State: FL Zip: 33436 E-mail: bryantb@bbfl.us
3. FCC Information
If known, Customer’s FCC Registration Number (FRN):
Customer Tax Identification Number (TIN):
4. Entity Information [select one]
Unincorporated
Individual Trust
Association
Limited Liability
Government Entity Corporation
Company
Customer/Lessee is a(n)
Limited Liability
General Partnership Limited Partnership
Partnership
Consortium Other
5. Designated FCC Contact Person
Please designate one individual (the Director of Public Works or similar person) who is responsible
to the FCC for the operation of the FlexNet radio system. This person needs to obtain his or her
Individual FRN:
own personal FRN (FCC Registration Number) by going to the FCC website here and completing
the individual FRN registration.
Designated Individual: E-mail:
Title: Phone:
6. Ownership Disclosure Information
If Customer/Lessee is a government entity, list the names of the Mayor and all Council Members below, as well as verify citizenship
and ownership interests in any entity regulated by the FCC. Such ownership must be disclosed where a mayor/council member
owns 10% or more, directly or indirectly, or has operating control of any entity subject to FCC regulation. If any answer to Ownership
question is Yes, or any answer to Citizenship question is No, provide an attachment with further explanation.
Mayor: U.S. Citizen: Yes No Ownership Disclosure: Yes No
Ownership Disclosure: Yes
Council Member: U.S. Citizen: Yes No
No
Ownership Disclosure: Yes
Council Member: U.S. Citizen: Yes No
No
Ownership Disclosure: Yes
Council Member: U.S. Citizen: Yes No
No
Ownership Disclosure: Yes
Council Member: U.S. Citizen: Yes No
No
Ownership Disclosure: Yes
Council Member: U.S. Citizen: Yes No
No
Ownership Disclosure: Yes
Council Member: U.S. Citizen: Yes No
No
Ownership Disclosure: Yes
Council Member: U.S. Citizen: Yes No
No
Council Member: U.S. Citizen: Yes No Ownership Disclosure: Yes
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No
Ownership Disclosure: Yes
Council Member: U.S. Citizen: Yes No
No
Council Member: U.S. Citizen: Yes No Ownership Disclosure: Yes
No
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7. Alien Ownership Questions [if the answer is Yes, provide an attachment explaining the circumstances]
Is the Customer/Lessee a foreign government or the representative of any foreign government? Yes No
8. Basic Qualification Information
8.1 Has the Customer or any party to this application had any FCC station authorization, license,
or construction permit revoked or had any application for an initial, modification or renewal of Yes No
FCC station authorization, license or construction permit denied by the Commission?
8.2 Has the Customer or any party to this filing, or any party directly or indirectly controlling the
Customer or any party to this filing ever been convicted of a felony by any state or federal Yes No
court?
8.3 Has any court finally adjudged the Customer or any party directly or indirectly controlling the
Customer guilty of unlawfully monopolizing or attempting to unlawfully monopolize radio
communication, directly or indirectly, through control of manufacture or sale of radio Yes No
apparatus, exclusive traffic arrangement, or any other means or unfair methods of
competition?
9. Customer/Lessee Certification Statements
9.1 The Customer/Lessee agrees that the Lease is not a sale or transfer of the license itself. Yes
9.2 The Customer/Lessee acknowledges that it is required to comply with the Commission’s Rules and Regulations
and other applicable law at all times, and if the Customer/Lessee fails to so comply, the Lease may be revoked, Yes
cancelled, or terminated by either the Licensee or the Commission.
9.3 The Customer/Lessee certifies that neither it nor any other party to the Application/Notification is subject to a
denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C § 862,
Yes
because of a conviction for possession or distribution of a controlled substance ( Section 1.2002(b) of the
See
rules, 47 CFR § 1.2002(b), for the definition of “party to the application” as used in this certification.)
9.4 The Customer/Lessee hereby accepts Commission oversight and enforcement consistent with the license and
lease authorization. The Lessee acknowledges that it must cooperate fully with any investigation or inquiry
conducted either by the Commission or the Licensee, allow the Commission or the Licensee to conduct on-site Yes
inspections of transmission facilities, and suspend operations at the direction of the Commission or the Licensee
and to the extent that such suspension of operation would be consistent with applicable Commission policies.
9.5 The Customer/Lessee acknowledges that in the event an authorization held by a Licensee that it has
association with it a spectrum leasing arrangement that is the subject of this filing is revoked, cancelled,
terminated, or otherwise ceases to be in effect, the Customer/Lessee will have no continuing authority to use the Yes
leased spectrum and will be required to terminate its operations no later than the date on which the Licensee
ceases to have any authority to operate under the license, unless otherwise authorized by the Commission.
9.6 The Customer/Lessee agrees the Lease shall not be assigned to any entity that is not eligible or qualified to
Yes
enter into a spectrum leasing arrangement under the Commission’s Rules and Regulations.
9.7 The Customer/Lessee waives any claim to the use of any particular frequency or of the electromagnetic
spectrum as against the regulatory power of the United States because of the previous use of the same, Yes
whether by spectrum lease or otherwise.
9.8 The Customer/Lessee certifies that it is not in default on any payment for Commission licenses and that it is not
Yes
delinquent on any non-tax debt owed to any federal agency.
The Customer/Lessee certifies that all of its statements made in this Application/Notification and in the
schedules, exhibits, attachments, or documents incorporated by reference are material, are part of this
Application/Notification, and are true, complete, correct, and made in good faith. The Customer/Lessee shall
notify Sensus in writing in the event any information supplied on this form changes.
Type or Print Name of Party Authorized to Sign
MI:
First: Last: Suffix:
Title: Customer Name:
Signature Date:
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FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY
FEES PAID.
WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR
IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR
CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)) AND/OR FORFEITURE (U.S. Code Title 47, Section 503).
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6. C
CONSENT AGENDA
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
10/07/14
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-098 -
EQUESTED CTION BY ITY OMMISSION
Authorize and direct execution of a second amendment to the lease agreement for
telecommunications tower site with STC FIVE, LLC ("Sprint" or "Tenant") to allow four (4)
additional five-year terms, thereby extending the lease agreement 20 years to October 29, 2041;
and to increase the size of the lease parcel by 621 square feet for the existing
telecommunications tower at the City's Water Storage Tank (3600 Miner Road).
ER:
Property has been leased from the City by Sprint Spectrum
XPLANATION OF EQUEST
since October 30, 1996 for a telecommunications tower at the City’s Water Storage
Tank site on Miner Road (Resolution R96-83). The original lease was for five (5) years
with a renewal option for four (4) additional five-year periods, extending the lease to
October 29, 2021. The first lease amendment authorized assignment of the lease to
Tenant Affiliate, Global Signal, Inc. (now known as Crown Castle) by Resolution 05-110
on June 21, 2005. Crown Castle, on behalf of Tenant, requests a second amendment
to the lease agreement to provide for additional renewal terms beyond the original
terms, which would extend the lease another 20 years to October 29, 2041; and to
lease 621 square feet of additional land adjacent to the existing lease parcel of 800
square feet in size. A similar request for a second amendment to the lease agreement
(additional land was 100 square feet) was previously approved (Resolution 12-105) on
October 2, 2012 by the City Commission, however, the applicant then proposed further
lease negotiation and did not execute the amended lease agreement. A new request
for a second amendment to the lease was submitted on April 18, 2013, resulting in the
same terms (but additional land) as previously approved by the City Commission on
October 2, 2012.
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A current survey of the overall site, leased tower parcel, and associated easements
(ingress/egress, utility), including detailed legal descriptions of each, are included in this
amendment, replacing the exhibits from the original lease agreement. The existing
ground lease area will increase from 800 to 1,421 square feet in size, allowing more
opportunity for ground equipment to support additional co-location on the tower. A
minor site plan amendment for the lease area expansion is required prior to permitting.
The proposed second amendment has been reviewed and revised to the satisfaction of
both parties, including the City’s legal department.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Currently rent is paid in advance on an annual basis at the rate of the
ISCAL MPACT
previous renewal term plus the Consumer Price Index (CPI), however the CPI is fixed
for each five-year term. A rent escalation clause has been added to the lease
amendment and rent has been adjusted for the additional 621 square feet of leased
land area. Following the full execution of this amendment the rent adjustment will
increase the current rent amount from $18,040.34 per year to $32,043.89 per year.
Effective October 30, 2016 (at the beginning of the next five-year term) annual rent will
increase annually by five percent (5%) over the annual rent that was in effect for the
previous year.
In consideration for amending the agreement Tenant agrees to pay the City $8,500.00
within 60 days of full execution of the amendment by both parties. The required
application fee of $1,500.00 for this requested lease revision was paid to the City at the
time of each application submittal (on February 16, 2012 and again on April 18, 2013).
A:
Not approve (which may result in additional towers), or not approve the
LTERNATIVES
lease amendment as proposed.
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RESOLUTION NO. R14-098
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING RESOLUTION R12-105 INCREASING THE SQUARE
FOOTAGE OF THE LEASED PARCEL BY 621 SQUARE FEET FOR
THE EXISTING TELECOMUNICATIONS TOWER; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A SECOND
AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND STC FIVE LLC., SUCCESSOR IN
INTEREST TO SPRINT SPECTRUM L.P., EXTENDING THE LEASE
FOR FOUR (4) ADDITIONAL FIVE (5) YEAR TERMS TO OCTOBER
29, 2041 AT 3600 MINER ROAD; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
Sprint has leased property from the City at the City’s Water Storage Tank
at 3600 Miner Road for a telecommunications tower since October 30, 1996; and
WHEREAS, on October 2, 2012, the City Commission approved a second amendment to
the lease agreement by Resolution R12-105; however, the applicant proposed further lease
negotiation and did not execute the second ame3ndment but rather submitted a new lease on
April 18, 2013, resulting in the same terms, except for the additional land, as previously
approved by the City Commission in 2012; and
WHEREAS,
the City Commission has determined that it is in the best interests of the
residents of the City to execute a Second Amendment to Lease Agreement between the City of
Boynton Beach and STC FIVE LLC., successor in interest to Sprint Spectrum L. P., extending
the Lease for four (4) additional five (5) year terms until October 29, 2041, and increasing the
size of the leased parcel by 621 square feet at 3600 Miner Road.
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
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission does hereby authorize the Mayor and City Clerk to
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execute a Second Amendment to Lease Agreement for Telecommunication Tower Site between
the City of Boynton Beach and STC FIVE LLC., successor in interest to Sprint Spectrum L.P.,
extending the Lease for four (4) additional five (5) year terms until October 29, 2041; and
increasing the leased parcel by 621 square feet at the City’s Water Storage Tank at 3600 Miner
Road, a copy of the Second Amendment is attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
ATTEST:
_______________________________
Commissioner – Michael M. Fitzpatrick
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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SECOND AMENDMENT TO LEASE AGREEMENT
FOR TELECOMMUNICATION TOWER SITE
THIS SECOND AMENDMENT TO LEASE AGREEMENT FOR
TELECOMMUNICATION TOWER SITE
(this “Amendment”) dated as of the latter of the
CITY OF BOYNTON BEACH
signature dates below (the “Effective Date”) by and between
(“Landlord”) having a mailing address of PO Box 310, Boynton Beach, Florida 33425-0310 and
STC FIVE LLC
, a Delaware limited liability company (“Tenant”), successor in interest to
Sprint Spectrum L.P., a Delaware limited partnership (“Sprint”), by Global Signal Acquisitions
II LLC, a Delaware limited liability company, its attorney-in-fact.
W I T N E S S E T H:
WHEREAS
, Landlord and Sprint entered into that certain Lease Agreement for
Telecommunication Tower Site dated as of October 30, 1996, adopted by Landlord by Resolution 96-083
on June 18, 1996, and as evidenced by an Affidavit of Recording recorded on June 12, 2012 in Clerks
File No. 20120233006, Official Records Book 25262, Pages 1822-1837 of the Official Public Records of
Palm Beach County, Florida; a Memorandum of which was recorded on April 24, 1997 in File No.97-
144272, Official Records Book 9760, Pages 1446-1449 of the Official Public Records of Palm Beach
County, Florida; as modified by that certain Addendum to PCS Site Agreement attached thereto and
evidenced by an Affidavit of Recording recorded on August 8, 2012 in Clerks File No. 20120311321,
Official Records Book 25377, Pages 0491-0493 of the Official Public Records of Palm Beach County,
Florida (collectively, the “Original Agreement”); and as clarified by that certain Agreement Regarding
Ground Lease adopted by Landlord by Resolution 05-110 on June 21, 2005, and as evidenced by an
Affidavit of Recording recorded on August 31, 2012 in Clerks File No. 20120344414, Official Records
Book 25423, Pages 1778-1799 of the Official Public Records of Palm Beach County, Florida (collectively
the “Agreement”), whereby Landlord conveyed a lease to Sprint for a portion of land consisting of 800
square feet located at 3600 Miner Road, Boynton Beach, Palm Beach County, Florida 33436 (City of
Boynton Beach Water Storage Site) (“Original Property”), together with access and utility easements
thereto, as more particularly described in the Agreement.
WHEREAS
, Tenant desires to lease from Landlord, and Landlord agrees to lease to Tenant, (i)
additional land adjacent to the Original Property consisting of 501 square feet and (ii) additional land for a
generator consisting of 120 square feet (collectively, the “Additional Property”) for a total lease area of
1,421 square feet (the “Leased Property”)
WHEREAS
, the Leased Property may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets, meter
boards, utilities, antennas, equipment, any related improvements and structures and uses incidental
thereto; and
WHEREAS
, the Agreement has an initial term and renewal terms that will expire on
October 29, 2021 (the “Original Term”), and Landlord and Tenant desire to enter into this
Amendment in order to amend the Agreement to, among other things, provide for additional
renewal terms beyond the Original Term.
NOW THEREFORE
, in consideration of the promises and mutual covenants contained
herein, the parties agree as follows:
Recitals
1.. The foregoing recitals are true and correct in all respects and are hereby
made a part of this Amendment for all purposes.
Status of Parties/Estoppel
2.. All parties acknowledge that, to the best of its
knowledge, the other parties have complied in all material respects with the obligations under
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the Agreement occurring on or prior to the date hereof and that, to the best of its knowledge, the
other parties are not in default under the terms of the Agreement.
Defined Terms
3.. Any capitalized terms not defined herein shall have the
meanings ascribed to them in the Agreement.
Initial Term Commencement Date.
4. The parties hereby ratify and affirm that the
commencement date for the Initial Term of the Agreement was October 30, 1996.
Additional Land; Legal Description of the Property; Exhibit A
5.. Landlord
hereby agrees to lease to Tenant the Leased Property in the location depicted on Exhibit A and
Exhibit B attached hereto. The parties hereby agree that the correct legal description for the
Leased Property, and correct legal description for the non-exclusive ingress and egress and
utility easements thereto, leased by Tenant are attached hereto as Exhibit C-1, Exhibit C-2,
and Exhibit C-3 respectively; which exhibits are incorporated herein by reference for all
purposes. Accordingly, the Agreement is hereby amended by deleting Exhibit A attached
thereto and replacing it with the Exhibit A, Exhibit B, Exhibit C-1, Exhibit C-2, and Exhibit C-
3 that are attached hereto. Exhibit A, Exhibit B, Exhibit C-1, Exhibit C-2, and Exhibit C-3
attached to this Amendment shall supersede and replace the legal descriptions that are attached
to the Agreement as descriptions for the Leased Property and the ingress and egress and utility
easements.
Paragraph 5.02 Amendment: Term
6.. Paragraph 5.02 is hereby amended by
deleting the current text and inserting the following:
“Tenant shall have the option to extend this lease for eight (8) additional
five (5) year terms. Such extensions shall automatically occur unless
TENANT or LANDLORD, if LANDLORD determines in good faith that
the Premises are needed by LANDLORD for public purposes, gives
written notice to the other party of its intention not to extend this
Agreement at least six (6) months prior to the end of the current term.”
The Initial Term and any extensions shall be collectively referred to herein as the “Lease Term.”
The parties acknowledge that pursuant to this Amendment the Lease Term exceeds the Original
Term by twenty (20) years and that, unless terminated sooner, the final extension term of the
Agreement will expire on October 29, 2041.
Consent to Sublease;Rent Adjustment
7. . Pursuant to Section 10 of the
Agreement, Landlord hereby acknowledges and consents to the sublease by Tenant of a portion
of the Leased Property to an additional carrier (“Collocator”) for the purposes co-locating on the
telecommunications facility. The parties hereby acknowledge that the Collocator shall utilize
that portion of the Leased Property identified on Exhibit A attached hereto as the Additional
Property. Upon commencement of Collocator’s use of the Additional Property, the annual rent
shall increase by an amount equal to $14,003.55 (“Increased Rent Amount”) to $32,043.89 per
year. The Increased Rent Amount shall be prorated for the current year, and Tenant hereby
agrees to pay Landlord such prorated amount within thirty (30) days of Collocator’s
commencement of use of the Additional Property. Following such increase, the annual rent shall
continue to adjust pursuant to the terms of the Agreement, as amended herein.
Paragraph 16.01 Amendment: Notice
8.. Paragraph 16.01 of the Agreement is
hereby amended by deleting the address for Tenant, and inserting in lieu thereof the following:
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TENANT: Sprint Contracts and Performance
Mailstop KSOPHT0101 – Z2650
Re: Cell Site #878215– City of Boynton Bch Water Stor
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
Attn: Marion S. Crable, Manager
with a copy to: Global Signal Acquisitions II LLC
c/o Crown Castle USA Inc.
Re: Cell Site #878215– City of Boynton Bch Water Stor
2000 Corporate Drive
Canonsburg, Pennsylvania 15317
Attn: Legal Department
Extension Term Rent
9.. Section 6.03 of the Agreement is hereby amended by
deleting the current text and inserting the following:
“Effective October 30, 2016 (at the beginning of the fifth 5-year term), annual
rent shall be increased annually by five percent (5%) over the annual rent that was
in effect for the previous year.”
Amendment Consideration
10.. In consideration for amending the Agreement,
Tenant agrees to pay Landlord the amount of Eight Thousand Five Hundred and 00/100 Dollars
($8,500.00) within sixty (60) days of the full execution of this Amendment by both parties.
Representations, Warranties and Covenants of Landlord
11.. Landlord
represents, warrants and covenants to Tenant as follows:
(a) The Leased Property is owned by Landlord free and clear of any right of
any individual, entity or governmental authority arising under any option,
right of first refusal, lease, license, easement or other instrument, except
for the rights of Tenant arising under the Agreement as amended hereby
and the rights of utility providers under recorded easements.
(b) Upon Tenant’s request, Landlord agrees to cure any defect in Landlord’s
title to the Leased Property which in the reasonable opinion of Tenant has
or may have an adverse affect on Tenant’s use or possession of the Leased
Property.
(c) Landlord agrees to execute such further documents and provide such
further assurances as may be reasonably requested by Tenant to affect any
release or cure referred to in this paragraph, to evidence the full intention
of the parties, and to assure Tenant’s use, possession and quiet enjoyment
of the Leased Property under the Agreement as amended hereby.
IRS Form W-9
12.. Landlord agrees to provide Tenant with a completed IRS Form
W-9, or its equivalent, upon execution of this Amendment and at such other times as may be
reasonably requested by Tenant. In the event Landlord’s property on which the Leased
Property is located is transferred, the succeeding landlord shall have a duty at the time of such
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transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related
paper work to effect a transfer in rental to the new landlord. Landlord’s failure to provide the
IRS Form W-9 within thirty (30) days after Tenant’s request shall be considered a default and
Tenant may take any reasonable action necessary to comply with IRS regulations including, but
not limited to, withholding applicable taxes from rent payments.
Authority
13.. Landlord represents and warrants that, as of the date of this
Amendment, Landlord is duly authorized and has the full power, right and authority to enter
into this Amendment and to perform all of the Landlord’s obligations under this Amendment
and the undersigned has the authority to execute and deliver this Amendment to Tenant.
Construction of Documents
14.. Each party hereto acknowledges that this
Amendment shall not be construed in favor of or against the drafter hereof.
Remainder of Agreement Unaffected
15.. In all other respects, the remainder of the
Agreement shall remain in full force and effect. Any portion of the Agreement that is
inconsistent with this Amendment is hereby amended to be consistent.
Headings
16.. The headings contained in this Amendment are for reference purposes
only and shall not modify or affect this Amendment in any manner whatsoever.
Entire Agreement
17.. The Agreement (as amended by this Amendment) embodies
the final, entire agreement between the parties with respect to the subject matter of this
Amendment, and supersedes any and all prior agreements, representations, understandings and
commitments, whether oral or written relating to this subject matter, and may not be
contradicted or varied by evidence of prior, contemporaneous or subsequent oral agreements or
discussions of or on behalf of the parties to this Amendment.
Counterparts
18.. This Amendment may be executed in separate and multiple
counterparts, each of which shall be deemed an original but all of which taken together shall be
deemed to constitute one and the same instrument.
Recordation
19.. Tenant and Landlord agree that a copy of this Amendment (or a
Memorandum thereof) shall be recorded in the public records of Palm Beach County, Florida
upon execution of this Amendment. The cost for recordation shall be paid by Tenant.
Governing Law, Jurisdiction and Venue
20.. The Agreement (as amended by this
Amendment) has been executed and delivered in, and shall be interpreted, construed and
enforced pursuant to and in accordance with the laws of the State of Florida. Tenant represents
and agrees that it is familiar with all laws, ordinances and regulations. The Agreement (as
amended by this Amendment) shall be governed in all respects, whether as to validity,
construction, capacity, performance or otherwise by the laws of the State of Florida. Venue for
any action arising from or related to the Agreement (as amended by this Amendment) shall be
brought in a court of competent jurisdiction in Palm Beach County, Florida.
Sovereign Immunity
21.. Landlord is a political subdivision of the State of Florida
and enjoys sovereign immunity. Nothing in the Agreement (as amended by this Amendment) is
intended, nor shall be construed or interpreted, to waive or modify the immunities and
limitations on liability provided for in Section 768.28, Florida Statutes, as may be amended
from time to time, or any successor statute thereof. To the contrary, all terms and provisions
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contained in the Agreement , (as amended by this Amendment) or any disagreement or dispute
concerning it, shall be construed or resolved so as to insure Landlord of the limitation from
liability provided to the State’s subdivisions by state law.
IN WITNESS WHEREOF
, the undersigned parties have caused this Amendment to be
duly executed as of the Effective Date.
ATTEST: CITY OF BOYNTON BEACH
By: ________________________
_______________, City Clerk
By: ___________________________
_________________, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Date: __________________________
By: ________________________
Office of the City Attorney
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WITNESSES: STC FIVE LLC,
a Delaware limited liability company
GLOBAL SIGNAL ACQUISITIONS II LLC
By: ,
a Delaware limited liability company
Print Name:________________________
its Attorney-in-Fact
By: ____________________________
Print Name:________________________ Name: __________________________
Title: ___________________________
Date: ___________________________
THE STATE OF ______________ §
§
COUNTY OF §
The foregoing Second Amendment to Lease Agreement for Telecommunication Tower
Site was acknowledged before me this ____ day of ____________, 2014, by _______________,
____________________ of Global Signal Acquisitions II LLC, a Delaware limited liability
STC FIVE LLC
company, the Attorney-in-Fact of , a Delaware limited liability company, for
and on behalf of said entity and for the purposes, intents and consideration stated in the
foregoing Second Amendment to Lease Agreement for Telecommunication Tower Site. He/She
is personally known to me or has produced _________________________ as identification.
In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and
said witnesses, on the date set forth above.
Signature of Notary Public
Printed Name of Notary Public:
My Commission Expires: [Seal]
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EXHIBIT A
[See next page following]
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EXHIBIT B
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EXHIBIT C-1
Leased Property
TOWER PARCEL
:
THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF
SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", AT THE
NORTHWEST CORNER OF BLOCK 1, MELEAR, AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET
EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON
BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK
4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG
THE WEST LINE OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND
OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON
BEACH" PARCEL FOR 67.57 FEET; THENCE NORTH 89°29'43" WEST FOR 62.67 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 01°46'07" WEST FOR 40.00 FEET;
THENCE NORTH 88°13'53" WEST FOR 20.00 FEET; THENCE NORTH 01°46'07" EAST
FOR 40.00 FEET; THENCE SOUTH 88°13'53" EAST FOR 1.08 FEET; THENCE NORTH
01°46'07" EAST FOR 26.50 FEET; THENCE SOUTH 88°13'53" EAST FOR 18.92 FEET;
THENCE SOUTH 01°46'07" WEST FOR 26.50 FEET TO SAID POINT OF BEGINNING.
CONTAINING 1,301 SQUARE FEET (0.030 ACRES), MORE OR LESS.
TOGETHER WITH A PARCEL OF LAND DEPICTED ON EXHIBT A AS CROWN
GENERATOR PARCEL AND AS DESCRIBED AS FOLLOWS:
CROWN GENERATOR PARCEL
THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF
SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", AT THE
NORTHWEST CORNER OF BLOCK 1, MELEAR, AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET
EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON
BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK
4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG
THE WEST LINE OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND
OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON
BEACH" PARCEL FOR 23.00 FEET; THENCE NORTH 89°29'43" WEST FOR 29.00 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 01°30'17" WEST FOR 15.00 FEET;
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THENCE NORTH 88°29'43" WEST FOR 8.00 FEET; THENCE NORTH 01°30'17" EAST
FOR 15.00 FEET; THENCE SOUTH 88°29'43" EAST FOR 8.00 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 120 SQUARE FEET (0.003 ACRES), MORE OR LESS.
THE TOTAL LEASED PROPERTY CONTAINING 1,421 SQUARE FEET, MORE OR LESS.
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EXHIBIT C-2
20 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT
:
THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF
SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 10 FEET OF
BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", AT THE
NORTHWEST CORNER OF BLOCK 1, MELEAR, AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET
EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON
BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK
4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG
THE WEST LINE OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND
OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON
BEACH" PARCEL FOR 67.57 FEET; THENCE NORTH 89°29'43" WEST FOR 62.67 FEET
TO AN INTERSECTION WITH THE EAST LINE OF AN EXISTING TOWER PARCEL;
THENCE SOUTH 01°46'07" WEST ALONG SAID EAST LINE FOR 30.00 FEET TO A
POINT THAT IS 10 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID
TOWER PARCEL AND THE POINT OF BEGINNING OF THE CENTERLINE OF THE
HEREIN DESCRIBED 20 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS
EASEMENT; THENCE SOUTH 88°13'53" EAST FOR 10.00 FEET TO AN INTERSECTION
WITH A LINE THAT IS PARALLEL WITH AND OFFSET 10 FEET EASTERLY OF SAID
EAST LINE; THENCE NORTH 01°46'07" EAST ALONG SAID PARALLEL LINE FOR
121.56 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID "CITY OF
BOYNTON BEACH" PARCEL AND THE SOUTH RIGHT-OF-WAY LINE OF MINER
ROAD, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 2,631 SQUARE FEET (0.060 ACRES), MORE OR LESS.
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EXHIBIT C-3
10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT
:
THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF
SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 5 FEET OF
BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", AT THE
NORTHWEST CORNER OF BLOCK 1, MELEAR, AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET
EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON
BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK
4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG
THE WEST LINE OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND
OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON
BEACH" PARCEL FOR 67.57 FEET; THENCE NORTH 89°29'43" WEST FOR 62.67 FEET
TO AN INTERSECTION WITH THE EAST LINE OF AN EXISTING TOWER PARCEL;
THENCE NORTH 01°46'07" EAST ALONG SAID EAST LINE FOR 26.50 FEET TO THE
NORTHEAST CORNER OF SAID TOWER PARCEL; THENCE NORTH 88°13'53" WEST
ALONG THE NORTH LINE OF SAID TOWER PARCEL FOR 5.00 FEET TO THE POINT
OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 10 FOOT WIDE
NON-EXCLUSIVE UTILITY EASEMENT; THENCE NORTH 01°46'07" EAST ALONG A
LINE PARALLEL WITH SAID EAST LINE FOR 64.10 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL AND
THE SOUTH RIGHT-OF-WAY LINE OF MINER ROAD, AND THE POINT OF TERMINUS
OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 641 SQUARE FEET (0.015 ACRES), MORE OR LESS.
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PREPARED OUT-OF-STATE BY:
David F. Webber
Singleton Cooksey PLLC
Attorneys at Law
6363 Woodway, Suite 600
Houston, Texas 77057
RECORDING REQUESTED BY AND
AFTER RECORDING RETURN TO:
Crown Castle
1220 Augusta, Suite 500
Houston, Texas 77057
Tax Parcel No.: 08-43-45-21-18-000-3090
Cross References: File No. 97-144272,
Book 25262, Page 1822
Book 9760, Page 1446
Official Public Records of
Palm Beach County, Florida
MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT
FOR TELECOMMUNICATION TOWER SITE
THIS MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT
FOR TELECOMMUNICATION TOWER SITE
(the “Memorandum”), dated as of the latter
CITY OF BOYNTON
of the signature dates below (the “Effective Date”), by and between
BEACH
(“Landlord”) having a mailing address of PO Box 310, Boynton Beach Blvd., Boynton
STC FIVE LLC
Beach, Florida 33425-0310 and , a Delaware limited liability company
(“Tenant”), successor in interest to Sprint Spectrum L.P., a Delaware limited partnership
(“Sprint”), by Global Signal Acquisitions II LLC, a Delaware limited liability company, its
attorney-in-fact.
W I T N E S S E T H
:
WHEREAS
, Landlord and Sprint entered into that certain Lease Agreement for
Telecommunication Tower Site dated as of October 30, 1996, adopted by Landlord by Resolution 96-083
on June 18, 1996, and as evidenced by an Affidavit of Recording recorded on
June 12, 2012 in Clerks File No. 20120233006, Official Records Book 25262, Pages 1822-1837 of the
Official Public Records of Palm Beach County, Florida; a Memorandum of which was recorded on April
24, 1997 in File No.97-144272, Official Records Book 9760, Pages1446-1449 of the Official Public
Records of Palm Beach County, Florida; as modified by that certain Addendum to PCS Site Agreement
attached thereto and evidenced by an Affidavit of Recording recorded on August 8, 2012 in Clerks File
No. 20120311321, Official Records Book 25377, Pages 0491-0493 of the Official Public Records of Palm
Beach County, Florida (collectively, the “Original Agreement”); and as clarified by that certain Agreement
Regarding Ground Lease adopted by Landlord by Resolution 05-110 on June 21, 2005, and as evidenced
by an Affidavit of Recording recorded on August 31, 2012 in Clerks File No. 20120344414, Official
Records Book 25423, Pages 1778-1799 of the Official Public Records of Palm Beach County, Florida
(collectively the “Agreement”), whereby Landlord conveyed a lease to Sprint for a portion of land
consisting of 800 square feet located at 3600 Miner Road, Boynton Beach, Palm Beach County, Florida
33436 (City of Boynton Beach Water Storage Site) (“Original Property”), together with access and utility
easements thereto, as more particularly described in the Agreement.
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WHEREAS
, the parties entered into that certain Second Amendment to Lease
Agreement for Telecommunication Tower Site dated as of the date hereof (the “Amendment”),
in order to, among other things, lease to Tenant (i) an additional 501 square feet parcel adjacent
to the Original Property, (ii) additional land for a generator consisting of 120 square feet, for a
“
total lease area of 1,421 square feet (the Leased Property”), and (iii)extend the term of the
Agreement, all upon the terms and conditions more fully set forth therein.
WHEREAS
, the Leased Property may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets, meter
boards, utilities, antennas, equipment, any related improvements and structures and uses incidental
thereto; and
NOW THEREFORE
, for the mutual covenants and premises herein, and other good and
valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged,
the undersigned parties, intending to be bound, agreed in the Amendment as follows:
Initial Term Commencement Date
1.. The parties ratified and affirmed in the
Amendment that the commencement date for the Initial Term of the Agreement was October 30,
1996.
Capitalized Terms
2.. Capitalized terms not otherwise defined herein shall have
the meanings set forth in the Amendment and/or the Agreement, as applicable.
Legal Description of the Property; Exhibit A
3.. Exhibit A to the Agreement was
deleted in the Amendment and replaced with new Exhibit A, Exhibit B, Exhibit C-1, Exhibit C-
2, and Exhibit C-3 that are attached hereto. The Exhibit A, Exhibit B, Exhibit C-1, Exhibit C-
2, and Exhibit C-3 attached hereto accurately describes the Leased Property leased by Tenant
and the non-exclusive ingress and egress and utility easements thereto.
Renewal Term
4.. Paragraph 5.02 of the Agreement was modified in the
Amendment to provide for four (4) additional terms of five (5) years each (the final such
Renewal Term, unless the Agreement is terminated sooner, will expire October 29, 2041), upon
the terms and conditions set forth in the Agreement (as amended).
No Other Amendments
5.. Except as expressly modified by the Amendment, the
Agreement remains unchanged and in full force and effect.
Agreement Controls
6.. This Memorandum summarizes, for purposes of the public
record, certain rights granted to Tenant in the Agreement by virtue of the Amendment, and this
Memorandum does not and it should not be interpreted to amend, amplify or diminish any of the
terms and provisions contained in the Agreement (as amended). The parties agree and intend
that the terms and provisions contained in the Agreement (as amended) shall control in the event
of any conflict between any sentence contained in this Memorandum and the terms and
provisions contained in the Agreement (as amended).
Counterparts
7.. This Memorandum may be executed in counterparts, all of which
together shall constitute one agreement binding on all the parties hereto, notwithstanding that all
such parties are not signatories to the original or same counterpart.
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Recordation
8. . Tenant and Landlord agree that a copy of this Memorandum shall
be recorded in the public records of Palm Beach County, Florida upon execution of this
Memorandum. The cost for recordation shall be paid by Tenant.
IN WITNESS WHEREOF
, Landlord and Tenant have executed this Memorandum to
be effective as of the Effective Date.
ATTEST: CITY OF BOYNTON BEACH
By: ________________________
_______________, City Clerk
By: ___________________________
_________________, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Date: __________________________
By: ________________________
Office of the City Attorney
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WITNESSES: STC FIVE LLC,
a Delaware limited liability company
GLOBAL SIGNAL ACQUISITIONS II LLC
By: ,
a Delaware limited liability company
Print Name:________________________
its Attorney-in-Fact
By: ____________________________
Print Name:________________________ Name: __________________________
Title: ___________________________
Date: ___________________________
THE STATE OF ______________ §
§
COUNTY OF §
The foregoing Memorandum of Second Amendment to Lease Agreement for
Telecommunication Tower Site was acknowledged before me this ____ day of ____________,
2014, by _______________, ____________________ of Global Signal Acquisitions II LLC, a
STC FIVE LLC
Delaware limited liability company, the Attorney-in-Fact of , a Delaware
limited liability company, for and on behalf of said entity and for the purposes, intents and
consideration stated in the foregoing Memorandum of Second Amendment to Lease Agreement
for Telecommunication Tower Site. He/She is personally known to me or has produced
_________________________ as identification.
In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and
said witnesses, on the date set forth above.
Signature of Notary Public
Printed Name of Notary Public:
My Commission Expires: [Seal]
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EXHIBIT A
[See next page following]
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EXHIBIT B
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EXHIBIT C-1
Leased Property
TOWER PARCEL
:
THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF
SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", AT THE
NORTHWEST CORNER OF BLOCK 1, MELEAR, AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET
EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON
BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK
4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG
THE WEST LINE OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND
OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON
BEACH" PARCEL FOR 67.57 FEET; THENCE NORTH 89°29'43" WEST FOR 62.67 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 01°46'07" WEST FOR 40.00 FEET;
THENCE NORTH 88°13'53" WEST FOR 20.00 FEET; THENCE NORTH 01°46'07" EAST
FOR 40.00 FEET; THENCE SOUTH 88°13'53" EAST FOR 1.08 FEET; THENCE NORTH
01°46'07" EAST FOR 26.50 FEET; THENCE SOUTH 88°13'53" EAST FOR 18.92 FEET;
THENCE SOUTH 01°46'07" WEST FOR 26.50 FEET TO SAID POINT OF BEGINNING.
CONTAINING 1,301 SQUARE FEET (0.030 ACRES), MORE OR LESS.
TOGETHER WITH A PARCEL OF LAND DEPICTED ON EXHIBT A AS CROWN
GENERATOR PARCEL AND AS DESCRIBED AS FOLLOWS:
CROWN GENERATOR PARCEL
THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF
SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", AT THE
NORTHWEST CORNER OF BLOCK 1, MELEAR, AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET
EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON
BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK
4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG
THE WEST LINE OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND
OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON
BEACH" PARCEL FOR 23.00 FEET; THENCE NORTH 89°29'43" WEST FOR 29.00 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 01°30'17" WEST FOR 15.00 FEET;
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THENCE NORTH 88°29'43" WEST FOR 8.00 FEET; THENCE NORTH 01°30'17" EAST
FOR 15.00 FEET; THENCE SOUTH 88°29'43" EAST FOR 8.00 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 120 SQUARE FEET (0.003 ACRES), MORE OR LESS.
THE TOTAL LEASED PROPERTY CONTAINING 1,421 SQUARE FEET, MORE OR LESS.
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EXHIBIT C-2
20 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT
:
THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF
SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 10 FEET OF
BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", AT THE
NORTHWEST CORNER OF BLOCK 1, MELEAR, AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET
EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON
BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK
4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG
THE WEST LINE OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND
OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON
BEACH" PARCEL FOR 67.57 FEET; THENCE NORTH 89°29'43" WEST FOR 62.67 FEET
TO AN INTERSECTION WITH THE EAST LINE OF AN EXISTING TOWER PARCEL;
THENCE SOUTH 01°46'07" WEST ALONG SAID EAST LINE FOR 30.00 FEET TO A
POINT THAT IS 10 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID
TOWER PARCEL AND THE POINT OF BEGINNING OF THE CENTERLINE OF THE
HEREIN DESCRIBED 20 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS
EASEMENT; THENCE SOUTH 88°13'53" EAST FOR 10.00 FEET TO AN INTERSECTION
WITH A LINE THAT IS PARALLEL WITH AND OFFSET 10 FEET EASTERLY OF SAID
EAST LINE; THENCE NORTH 01°46'07" EAST ALONG SAID PARALLEL LINE FOR
121.56 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID "CITY OF
BOYNTON BEACH" PARCEL AND THE SOUTH RIGHT-OF-WAY LINE OF MINER
ROAD, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 2,631 SQUARE FEET (0.060 ACRES), MORE OR LESS.
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EXHIBIT C-3
10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT
:
THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF
SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 5 FEET OF
BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", AT THE
NORTHWEST CORNER OF BLOCK 1, MELEAR, AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET
EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON
BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK
4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG
THE WEST LINE OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND
OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON
BEACH" PARCEL FOR 67.57 FEET; THENCE NORTH 89°29'43" WEST FOR 62.67 FEET
TO AN INTERSECTION WITH THE EAST LINE OF AN EXISTING TOWER PARCEL;
THENCE NORTH 01°46'07" EAST ALONG SAID EAST LINE FOR 26.50 FEET TO THE
NORTHEAST CORNER OF SAID TOWER PARCEL; THENCE NORTH 88°13'53" WEST
ALONG THE NORTH LINE OF SAID TOWER PARCEL FOR 5.00 FEET TO THE POINT
OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 10 FOOT WIDE
NON-EXCLUSIVE UTILITY EASEMENT; THENCE NORTH 01°46'07" EAST ALONG A
LINE PARALLEL WITH SAID EAST LINE FOR 64.10 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL AND
THE SOUTH RIGHT-OF-WAY LINE OF MINER ROAD, AND THE POINT OF TERMINUS
OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 641 SQUARE FEET (0.015 ACRES), MORE OR LESS.
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EXHIBIT A -3
10 FOOT WIDE NON - EXCLUSIVE UTILITY EASEMENT:
THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF
SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 5 FEET OF
BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712 ", LOCATED
AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT
THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25
FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON
BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK
4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 °30'17" WEST ALONG
THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE
PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF
SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH
89 °29'43" WEST FOR 63.11 FEET TO THE NORTHEAST CORNER OF AN 20 FEET BY 40
FEET TOWER PARCEL; THENCE CONTINUE NORTH 88 °29'43" WEST ALONG THE
NORTH LINE OF SAID TOWER PARCEL FOR 5.00 FEET TO THE POINT OF
BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 10 FOOT WIDE NON-
EXCLUSIVE UTILITY EASEMENT; THENCE NORTH 01 0 30'17" EAST FOR 85.49 FEET
TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID "CITY OF BOYNTON
BEACH" PARCEL AND THE SOUTH RIGHT -OF -WAY LINE OF MINER ROAD, AND
THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 855 SQUARE FEET (0.02 ACRES), MORE OR LESS.
Site Name: City of Boynton Bch Water Stor
BU #: 878215
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6. D
CONSENT AGENDA
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-099 -
EQUESTED CTION BY ITY OMMISSION
Approve the Right of Entry Permit, License, and Development Agreement for Fitness Zone
Equipment Installation with The Trust for Public Land (TPL) for the Fitness Zone® at Congress
Avenue Barrier Free Park and authorize the City Manager to execute the Final Acceptance and
Assignment of Warranty documentation.
EXPLANATION OF REQUEST
: The Trust for Public Land (TPL) has been awarded a
grant from the Quantum Foundation, Inc. in the amount of $135,000 to help fund the
construction of Fitness Zones® at Palm Beach County’s John Prince Park, located in
Lake Worth, and the City of Boynton Beach Barrier Free Park. The $67,500 being
allocated to Barrier Free Park will fund 50% of the construction and administrative costs
for the installation of the Fitness Zone®. The City is partnering with TPL to develop the
Fitness Zone® and will be responsible for the project costs not covered by the Quantum
Foundation, Inc. grant. The City’s portion will be $98,331, the total cost for the City’s
Fitness Zone is $165,831.
In an effort to maintain project continuity, the TPL’s contractor, in coordination with the
City’s Project Manager, will complete the entire project with TPL’s oversight. The City
will reimburse TPL $25,000 upon the delivery and inspection of the Fitness Zone®
equipment and will reimburse TPL the remaining balance not to exceed $73,331 upon
the completion and acceptance of the final project. It is anticipated that project
construction will begin in December and be completed by March 2015.
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HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
Obesity and related
issues have reached epidemic proportions not only in Florida, but also nationwide.
Fitness Zones® are easy to use, accessible outdoor gyms designed to promote general
health within a park experience, creating a supportive social context for getting fit. Using
only a gravity and resistance weight system, Fitness Zones® require no electricity and
employ their user’ body weight to engage different muscle groups. The exercise
equipment is durable, vandal and weather resistant, and appropriate for people 14
years of age and older of all fitness levels. The Fitness Zone® at Barrier Free Park will
include 17 pieces of exercise equipment, five of which are wheelchair accessible, and
will provide our community an exciting alternative to indoor gyms. Located adjacent to
the Tennis Center, the equipment will also be very complimentary to this facility, and will
have convenient access to restrooms and water fountains.
The development of a Fitness Zone® at Barrier Free Park will help promote health and
fitness among park patrons, and will make one of our most popular City parks even
more attractive.
FISCAL IMPACT
: Funding for the project is available in the FY2015 Capital
Improvement Program budget. Total project cost is $165,833, $67,500 will be funded
by the grant that The Trust for Public Land (TPL) has received from the Quantum
Foundation, Inc. and the $98,331 will be paid by the City of Boynton Beach Capital
Improvement Budget account number 302-4233-572-64-03 which is funded with Park
Impact Fees.
The City will reimburse TPL 50% of the cost of the exercise equipment, equipment
installation and sidewalk; which totals $58,360.
The City will reimburse TPL 100% of the cost of the synthetic turf and permitting; which
totals $30,971.
ALTERNATIVES
: Not approve the agreement.
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RESOLUTION R14-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE RIGHT OF ENTRY
PERMIT, LICENSE AND DEVELOPMENT
AGREEMENT FOR FITNESS ZONE EQUIPMENT
INSTALLATION WITH THE TRUST FOR PUBLIC
LAND FOR THE FITNESS ZONE AT CONGRESS
AVENUE BARRIER FREE PARK; AUTHORIZING THE
CITY MANAGER TO SIGN THE AGREEMENT AND
ALL NECESSARY DOCUMENTS ASSOCIATED
HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Trust for Public Land (TPL) has been awarded a grant from the
Quantum Foundation, Inc., in the amount of $135,000 to help fund the construction of
Fitness Zone at Palm beach County’s John Prince Park, located in Lake Worth and the City
of Boynton Beach Barrier Free Park; and
WHEREAS,
the City of Boynton Beach has been notified that $67,500 is being
allocated to the construction and administrative costs for the installation of the Fitness Zone;
and
WHEREAS,
the City is partnering with TPL to develop the Fitness Zone and will be
responsible for the project costs not covered by the Quantum Foundation, Inc., in the amount
of $98,331; and
WHEREAS
, upon the recommendation of staff, the City Commission deems it to be
in the best interests of the citizens and residents of the City of Boynton Beach to approve the
Right of Entry Permit, License, and Development Agreement for Fitness Zone Equipment
Installation with The Trust for Public Land for the Fitness Zone at Congress Avenue Barrier
Free Park and to authorize the City Manager to sign the Agreement and all necessary
documentation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing “Whereas” clauses are true and correct and are hereby
ratified and confirmed by the City Commission.
Section 2. The Right of Entry Permit, License and Development Agreement for
Fitness Zone Equipment Installation with The Trust for Public Land for the Fitness Zone at
Congress Avenue Barrier Free Park and to authorize the City Manager to sign the Agreement
and all necessary documentation, a copy of which is attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2014.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jerry Taylor
_____________________________
Vice Mayor – Joe Casello
_____________________________
Commissioner – David T. Merker
_____________________________
Commissioner – Mack McCray
ATTEST:
_____________________________
Commissioner – Michael M. Fitzpatrick
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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RIGHT OF ENTRY PERMIT, LICENSE, AND DEVELOPMENT AGREEMENT FOR
FITNESS ZONE EQUIPMENT INSTALLATION
(TRUST FOR PUBLIC LAND – FITNESS ZONES®)
Licensee:
The Trust for Public Land
Tel: 305-667-0409
Licensor:
City of Boynton Beach
561-742-6000
RECITALS
This Right of Entry Permit, License, and Development Agreement ("Agreement") for
Fitness Zone equipment installation is made and entered into between The Trust for
Public Land, a California nonprofit corporation ("TPL" or "Licensee") and City of Boynton
Beach, a Florida political subdivision of the State of Florida, by and through its City
Commission, (“City or Licensor”) as of the date of the last party to execute this
Agreement, with respect to the following facts:
Whereas, the City owns, operates and maintains Congress Avenue Barrier Free Park,
located at 3111 South Congress Avenue, Boynton Beach, FL 33426 (Property);and
Whereas, TPL is a national non-profit land conservation organization that has as one its
purposes the “Parks for People” program, which assists local communities to build new
parks in their neighborhoods; one aspect of the Parks for People program is installation
of exercise equipment to provide “Fitness Zones” in local parks for the use of area
residents; and
Whereas, in furtherance of TPL’s Parks for People Program, TPL is receiving a Grant
from the Quantum Foundation, attached hereto and incorporated herein by reference in
Exhibit “F” for the purpose of: (i) purchasing from Greenfields Outdoor Fitness, Inc.
(“Supplier”) exercise equipment (“Equipment”) for Barrier Free Park (“Property”) (ii)
contract with D. W. Recreation Service’s, Inc. (“Installer”) for the installation of the
Equipment on the Property in accordance with the terms of the Final Acceptance and
Assignment of Warranty Agreement, the Grant Agreement and this Agreement; and
Whereas, this Agreement constitutes a Right of Entry Permit, License, and
Development Agreement for Fitness Zone Equipment and Installation for TPL, Installer
and their agents and employees to enter the Property and install the Equipment, and
also contains the terms governing TPL’s installation of the Equipment and assignment
of the warranties thereto to City, and City’s acceptance of the Equipment and its
warranties and assumption of responsibility following acceptance; and
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Whereas, the Equipment that TPL shall install is identified in Exhibit “A”, attached hereto
and incorporated herein by reference, and its specifications are contained in Exhibit “B”,
attached hereto and incorporated herein by reference and the Equipment installation
location shall be in accordance with the Site Plan identified in Exhibit “C” attached
hereto and incorporated herein by reference; and
Whereas, entering into this Agreement serves a public purpose.
NOW, THEREFORE
, in consideration of the foregoing premises, the parties mutually
agree as follows:
1.CONTROLLING AGREEMENT
: In the event of any conflict or inconsistency
between the terms of this Agreement and the terms of the Final Acceptance and
Assignment of Warranty Agreement identified in Exhibit “E” attached hereto and
incorporated herein by reference (“Acceptance Agreement”) the terms of the
Acceptance Agreement shall control.
2. GRANT OF LICENSE:
TPL, its employees, contractors and agents, after
execution of this Agreement by the City, are hereby granted a license to access
the Property to install the Equipment in accordance with the terms of this
Agreement.
3. TERM:
This Agreement shall become effective upon full execution and delivery
hereof by the parties. This Agreement shall expire on the date upon which City
provides a fully executed Acceptance Agreement to TPL, accepting the
Equipment and Installation on a site-specific basis, as described in Section 11
below, except as may be otherwise provided in this Agreement. In no event,
however, shall the term of this Agreement exceed twelve (12) months, unless
mutually agreed upon, in writing, by the parties. Notwithstanding any other
provision herein, and regardless of the manner or duration of use of said
Property by TPL, either party shall have the right to terminate this Agreement, if
after giving ten (10) business days’ notice of the grounds thereof, the other party
has failed to cure such grounds or, in the event the nature of the grounds for
termination are such that more than ten (10) business days are required to effect
a cure, if within such ten (10) business days the other party has failed to
commence such cure and fails to diligently pursue it thereafter. Any notice
hereunder to the other party may be given by delivering the same to the other
party personally or by mailing the same addressed to the other party at the
address herein given for notices. Upon any termination of this Agreement by
revocation or otherwise, TPL shall promptly restore the Property to a condition
equal to the surrounding area, to the satisfaction of City. In the event of TPL’s
failure to do so after a reasonable period of time, the City may restore said
Property entirely at the risk and expense of TPL.
4. PAYMENTS
. TPL will be fully responsible for all payments to the Suppliers for
the cost of acquisition and delivery of the Equipment, including payments to the
Installer for installation in accordance with the terms of this Agreement. The City
shall reimburse TPL one half of the cost of Fitness Zone equipment and
installation and associated administrative costs, and 100% of the cost of the
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surfacing, including surface materials, delivery and installation. The City shall
provide TPL a $25,000 construction draw once the Equipment has been
delivered to the Property and inspected by the Installer and deemed free of
defect by the Installer. Installer to provide City with written verification the
Equipment is free of defect within 5 days of delivery. City will process
construction draw payment within 45 days of receipt of notification of satisfactory
condition of equipment by Installer. City will attempt to process construction draw
within 10 days of Installer’s notification. Consequently, within thirty (30) days
following execution of the Acceptance Agreement, City shall pay to TPL the sum
not to exceed $73,331 as its’ share of the cost of the Equipment, Installation,
administrative costs and surfacing to TPL pursuant to this Agreement.
TPL shall be required to provide City paid in full invoices from the suppliers and
installer supported by an affidavit from TPL Counsel stating that such invoices
have been paid in full and satisfied, prior to final reimbursement.
5. CONSTRUCTION MANAGEMENT
. TPL will provide general management of
construction activity, including but not limited to scheduling construction activity,
insuring construction meets the terms of the Acceptance Agreement, and the
Grant Agreement between TPL and Quantum Foundation, conducting progress
meetings, providing meeting minutes and coordinating communications between
all parties. City staff will participate in the scheduled progress meetings to keep
abreast of construction activity and to insure that work complies with the terms of
this Agreement. TPL shall:
A. Comply with and abide by all applicable rules, regulations and directions of
City.
B. Comply with all applicable City ordinances, County, State and Federal laws,
and in the course thereof obtain and keep in effect all permits and licenses
required to conduct the permitted activities on the Property.
C. Licensed activities shall occur during normal business hours, Monday through
Friday, at City’s sole discretion. Weekend work or work on City holidays is not
permitted. TPL’s Project Manager shall contact the Recreation & Parks
Department Director, at the City at least two (2) days prior to TPL’s initial
access to the Property, in regard to all access and permitted activities, and in
the event of emergencies.
D. Maintain to City’s satisfaction the Property and surrounding area in a safe and
sound condition, free from danger, injury or threat of harm to the public, and as
to prevent the existence of an attractive nuisance.
E. Assume the risks and bear all costs of damage or destruction, and loss due to
acts of God, theft, burglary or vandalism to any and all of TPL’s equipment,
materials, tools, and vehicles owned, hired, leased, or used by TPL for this
Agreement, except to the extent that such damage or destruction and loss
result from the negligence or willful misconduct of City.
F. Field verify utility locations prior to conducting permitted activities and repair or
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replace any and all park property lost, damaged, or destroyed as a result of,
and either directly or indirectly connected with work done pursuant to this
Agreement with due diligence and speed. TPL shall promptly notify the City’s
Recreation & Parks Director in the event of damage caused by TPL’s activities
to Barrier Free Park Park, the Property’s equipment, and/or improvements,
including landscaped areas. Should TPL fail to promptly make repairs after
notice by City of damage, loss or destruction of the Property, City may have
repairs made and TPL shall pay the costs directly associated with such repairs.
G. Provide all safety and security signs, barricades, pedestrian and traffic cones,
lights and other related safety fixtures or measures in addition to any requested
by City which will forewarn the public of the existence of any hazards related to
the licensed activities, and of any detours necessary to prevent vehicular and/or
personal injury or property damage accidents due to TPL’s activities.
H. Bear the sole cost and expense of all work performed by TPL.
I. A representative from TPL will perform regularly scheduled inspections of the
Property during the term of this Agreement.
J. Pay for all costs, fees or charges for the application, installation, maintenance,
or use of any utilities or services required in the exercise of the permission
herein given.
6REPAIR OF DAMAGE
. . In addition to TPL's other responsibilities under this
Agreement, if TPL becomes aware that any portion of the Property is damaged
or threatened by any of the activities of TPL or anyone acting by or through TPL
hereunder, with the exception of any disturbance of the Property necessary to
install the Equipment, TPL shall promptly notify City of such damage or threat by
facsimile or hand delivery. TPL shall remedy any and all such damage or threat
and restore the Property to its previous condition, subject to City’s approval.
7NDEMNIFICATION
. I. TPL shall indemnify, defend and hold harmless the City,
it’s elected and appointed officers, employees and agents (the “City’s Indemnified
Parties”) from and against any and all liability, including but not limited to
demands, claims, actions, fees, costs and expenses (including attorneys and
expert witness fees) arising from or connected with TPL’s acts or omissions
arising from or related to this Agreement, such indemnification to survive only
until such time that City has executed the Acceptance Agreement as
contemplated herein.
8. NO RESPONSIBILITY OR LIABILITY.
Upon execution by the City and delivery
to TPL of the Acceptance Agreement pursuant to this Agreement, TPL shall
cease to be liable or responsible for any and all claims, demands, liens, liabilities,
penalties, fines, fees, judgments, costs, expenses, losses and damages
(collectively, "Claims"), whether or not a lawsuit is filed, including but not limited
to Claims for damage to property or injury or death to persons, sustained by any
persons or entities, which Claims are alleged or claimed to have arisen out of, or
in connection with, in whole or in part, the use by the public of the Equipment,
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failure of the equipment, or the maintenance, repair or replacement of the
Equipment by the City.
Further, the City agrees that after it executes and delivers the Acceptance
Agreement to TPL pursuant to this Agreement and provided that TPL has fully
complied with the terms and conditions of this Agreement, the City shall not
assert any action against TPL nor shall the City seek any contribution from TPL
for any and all Claims, whether or not a lawsuit is filed, including but not limited to
Claims for damage to property or injury or death to persons, sustained by any
persons or entities, which Claims are alleged or claimed to have arisen out of, or
in connection with, in whole or in part, the public’s use of the Equipment on the
Property, failure of the Equipment or the maintenance, repair or replacement of
the Equipment by the City.
9. GENERAL INSURANCE REQUIREMENTS
: Without limiting TPL's
indemnification of the City Indemnified Parties, and during the term of this
Agreement, TPL shall provide and maintain and shall require Installer to maintain
the following programs of insurance specified in this Agreement. Such insurance
shall be primary to and not contributing with any other insurance or self-
insurance programs maintained by City, and, such coverage shall be provided
and maintained at TPL’s own expense.
A. Evidence of Insurance. Certificate(s) or other evidence of coverage satisfactory
to City shall be delivered to the City’s Recreation & Parks Department prior to
commencing services under this Agreement. Such certificates or other evidence
shall:
i. Specifically identify this Agreement.
ii. Clearly evidence all insurance required in this Agreement.
iii. Contain the express condition that the City is to be given written notice by
mail at least thirty (30) days in advance of cancellation for all policies
evidenced on the certificate of insurance.
iv. Include copies of the additional insured endorsement to the commercial
general liability policy, adding the City Indemnified Parties as additional
insured for all activities arising from this Agreement.
B. Insurer Financial Ratings. Insurance is to be provided by an insurance
company acceptable to the City, with an A.M. Best rating of not less than A: VII,
unless otherwise approved by the City.
C. Failure to Maintain Coverage. Failure by TPL to maintain the required
insurance, or to provide evidence of insurance coverage acceptable to City,
shall constitute a material breach of this Agreement upon which the City may
immediately terminate or suspend this Agreement.
D. Notification of Incidents, Claims or Suits. TPL shall report to City:
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i. Any accident or incident relating to services performed under this
Agreement which involves injury or property damage which may result in
the filing of a claim or lawsuit against TPL and/or City. Such report shall
be made in writing within 24 hours of TPL receiving notice of such
occurrence.
ii. Any third party claim or lawsuit filed against TPL arising from or related to
services performed by TPL under this Agreement.
iii. Any injury to a TPL or sub-contractor employee, which occurs on the
Property.
iv. Any loss, disappearance, destruction, misuse, or theft of any kind
whatsoever of City property, monies or securities entrusted to TPL under
the terms of this Agreement.
E. Compensation for City Costs. In the event that TPL fails to comply with any of
the indemnification or insurance requirements of this Agreement, and such
failure to comply results in any costs to the City, TPL shall pay full
compensation for all costs incurred by City resulting from such non-compliance.
F. Insurance Coverage Requirements for Contractors. TPL shall ensure any of its
contractors performing services under this Agreement meet the insurance
requirements of this Agreement by either:
i. Providing evidence of insurance covering the activities of contractors, or
ii. Providing insurance certificates and additional insured notices submitted by
contractors evidencing that contractors maintain the required insurance
coverage. City retains the right to obtain copies of evidence of contractor’s
insurance coverage at any time.
10INSURANCE COVERAGE REQUIREMENTS
. :
Commercial General Liability TPL agrees to maintain Commercial General
$1,000,000
Liability at a limit of liability not less than Each Occurrence.
Coverage shall not contain any endorsement(s) excluding nor limiting
Premises/Operations, Personal Injury, Product/Completed Operations,
Contractual Liability, Severability of Interests or Cross Liability. Coverage shall
be provided on a primary basis
Business Automobile Liability TPL agrees to maintain Business Automobile
$1,000,000
Liability at a limit of liability not less than Each Occurrence with a
$2,000,000
aggregate. Coverage shall include liability for Owned, Non-Owned
& Hired automobiles. In the event TPL does not own automobiles, TPL agrees
to maintain coverage for Hired & Non-Owned Auto Liability, which may be
satisfied by way of endorsement to the Commercial General Liability policy or
separate Business Auto Liability policy. Coverage shall be provided on a
primary basis
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Worker’s Compensation Insurance & Employers Liability TPL agrees to
maintain Worker’s Compensation Insurance & Employers Liability in
accordance with Florida Statute Chapter 440. Coverage shall be provided on a
primary basis
Additional Insured TPL agrees to endorse City as an Additional Insured with a
CG2026 Additional Insured or its equivalent – Designated Person or
Organization endorsement to the Commercial General Liability. The additional
insured shall read “City of Boynton Beach”, a Political Subdivision of the State
of Florida, its Officers, Employees and Agents. Coverage shall be provided on
a primary basis.
Waiver of Subrogation TPL hereby waives any and all rights of Subrogation
against the City, its officers, employees and agents for each required policy.
When required by the insurer, or should a policy condition not permit an insured
to enter into a pre-loss agreement to waive subrogation without an
endorsement, then TPL shall notify the insurer and request the policy be
endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its
equivalent. This Waiver of Subrogation requirement shall not apply to any
policy which includes a condition to the policy specifically prohibiting such an
endorsement or voids coverage should TPL enter into such an agreement on a
pre-loss basis.
11.FINAL ACCEPTANCE AND ASSIGNMENT OF WARRANTY
:
A. TPL, as it completes installation of the Equipment at the Property, shall
notify City that it is ready to have the installation inspected by City. Within ten
(10) business days of receipt of said notice, City shall inspect the installation
and reasonably determine whether the installation has been installed in
accordance with this Agreement and to a level of quality and workmanship for
City to execute the Acceptance Agreement. If the installation is unacceptable,
within ten (10) business days after inspection, City shall provide TPL with a list
of items that need to be corrected in order for City to execute its Acceptance
Agreement issuance of Acceptance Agreement will be delayed until the items
on the list are corrected.
B. Prior to the execution of the Acceptance Agreement, TPL shall obtain the
consent of the manufacturer of the Equipment for assignment to City and
assign any and all warranties it received from the manufacturer of the
Equipment, in the form attached hereto as Exhibit D. TPL shall provide a copy
of the invoices for the Equipment in order to make claims under the terms of
said warranty.
C. The City acknowledges that Quantum Foundation, Inc. (“Quantum”) is
contributing 50% of the costs of the exercise Equipment, shipping, and
installation (the “Hard Costs”) pursuant to the grant contract ID: 10206819. If
during the first 10 years after the date of this Agreement (the “Initial Period”),
the City ceases to maintain the exercise Equipment in working order and open
to the public, the City shall repay Quantum an amount equal to the result of the
following equation: T – ((T x .10) x Y) where T is Quantum’s total contribution to
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Hard Costs and Y is the year or portion thereof) during the Initial Period in
which the County fails to keep the exercise Equipment in working order and
open to the public . By way of example only:
Total Quantum Hard Cost Contribution Year of Initial Period
$100,000 3
100,000 – ((100,000 x.10) x 3) = 70,000.
Upon Quantum’s request, the City shall provide it with an accounting of the
Quantum funds applied to the Hard Costs. The surfacing s not subject to this
provision. Quantum shall be an intended third party beneficiary of this Section
11(c) and is entitled to enforce its rights under such section as if it were a party
to this agreement
D. Execution of the Acceptance Agreement shall confirm that the City
assumes and accepts responsibility for the maintenance, removal or
replacement of the Equipment in accordance with the provisions of this
Agreement, with respect to the subject Property.
E. The Installer shall be solely responsible to secure the site and maintain
the construction fence until TLP receives the City’s Acceptance Agreement.
Provided, however, if the City removes, or authorizes removal of the
construction fence and makes the Equipment available for public use prior to
the City executing the Acceptance Agreement , the City will be deemed to have
accepted the equipment.
12. NOTICES
: Notices desired or required by this Agreement or by any law now or
hereinafter in effect are deemed given when sent by U.S. Postal Service
Certified Mail or by a reliable over-night courier with postage or charges prepaid
to TPL as follows: Notices, Certificates of Insurance and/or Self-Insurance and
envelopes containing the same to City shall be addressed to:
As to TPL
Brenda McClymonds, Project Manager
The Trust for Public Land
7900 Red Road, Suite 26
Miami, Florida 33143
Tel: 305-667-0409
and
Peter Fodor, Division Legal Director
The Trust for Public Land
306 North Monroe Street
Tallahassee, Florida 32301
Tel: 850-222-7911, ext. 29
E-mail: pete.fodor@earthlink.net
City of Boynton Beach
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City Manager
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Tel: 561-742-6010
or such other place in Florida as may hereinafter be designated in writing by TPL.
13. ANNUAL BUDGETARY FUNDING/CANCELLATION
: This Agreement and all
obligations of the City hereunder are subject to and contingent upon annual
budgetary funding by the City Commission of the City of Boynton Beach.
Notwithstanding anything in the Agreement to the contrary, the City shall have
the right to cancel this Agreement for any reason upon ninety (90) days prior
written notice to TPL, whereupon the parties shall be relieved of all further
obligation hereunder.
14. INDEPENDENT STATUS
: This Agreement is by and between City and TPL. It is
not intended and shall not be construed to create the relationship of agent,
servant, employee, partnership, joint venture or association as between City and
TPL. TPL understands and agrees to bear the sole responsibility and liability for
furnishing Workers' Compensation benefits to any person for injuries arising from
or connected with services performed on behalf of TPL pursuant to this
Agreement.
15. EMPLOYEES
:All references to “TPL” herein are deemed to include the
employees, agents, Installer and subcontractors of any tier, and anyone else
required under written contract with the TPL to access the Property.
16. LIMITATIONS
: It is expressly understood that in permitting the right to use the
Property, no estate or interest in real property is being conveyed to TPL, and that
the right to use is only a nonexclusive, revocable and unassignable permission to
use the Property in accordance with the terms and conditions of this Agreement.
17. AMENDMENTS
: The Property, permitted use and term, may be amended during
the term of this Agreement, upon TPL’s prior written request to City, subject to
the City Manager’s discretion.
18. ASSIGNMENT
: This Agreement is personal to TPL, and in the event TPL shall
attempt to assign or transfer the same in whole or part all rights hereunder shall
immediately terminate.
19. AUTHORITY TO STOP
: In the event that an authorized representative of the
City finds that the activities being held on the Property unnecessarily endanger
the health or safety of persons on or near said Property, the representative may
require that this Agreement immediately be suspended until said endangering
activities cease, or until such action is taken to eliminate or prevent the
endangerment.
20.ALTERATIONS AND IMPROVEMENTS
:TPL has examined the Property and
knows the condition thereof. TPL accepts the Property in the present state and
condition and waives any and all demand upon the City for alteration, repair, or
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improvement thereof. All improvements to the Property installed by TPL shall
remain upon termination of this Agreement and become the property of City.
21.INSPECTOR GENERAL:
Palm Beach County has established the Office of the
Inspector General in Palm Beach County Code, Section 2-421 – 2-440, as may
be amended. The Inspector General’s authority includes but is not limited to the
power to review past, present and proposed City contracts, transactions,
accounts and records, to require the production of records, and to audit,
investigate, monitor, and inspect the activities of TPL, its officers, agents,
employees and lobbyists in order to ensure compliance with contract
requirements and detect corruption and fraud. Failure to cooperate with the
Inspector General or interfering with or impeding any investigation shall be in
violation of Palm Beach County Code, Section 2-421- 2-440, and punished
pursuant to Section 125.69, Florida Statutes, in the same manner as a second
degree misdemeanor.
21. NON-DISCRIMINATION
: The parties agree that no person shall, on the grounds
of race, color, sex, age, national origin, disability, religion, ancestry, marital
status, familial status, sexual orientation, gender identity or expression, or
genetic information, be excluded from the benefits of, or be subjected to any form
of discrimination under any activity conducted pursuant to this Agreement.
23.NO THIRD PARTY BENEFICIANY:
No provision of this Agreement is intended
to, or shall be construed to, create any third party beneficiary or to provide any
rights to any person or entity not a party to this Agreement, including but not
limited to any employees of TPL or employees of the City.
24. VENUE:
This Agreement shall be governed by the laws of the State of Florida.
Any legal action necessary to enforce this Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive
of any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity, by statute or otherwise. No single or partial exercise
by any party of any right power, or remedy hereunder shall preclude any other or
further exercise thereof.
25. TRANSFER OF OPERATING RESPONSIBILITY/CLOSURE
: In the event the
City transfers operating responsibility of the Property and licenses the Property to
a newly formed or existing governmental agency, this Agreement shall terminate
on the date of said transfer to such agency, unless that agency agrees to
assume this Agreement. City agrees to use its best efforts to obtain said
assignment in the event the City transfers its operating responsibility for the
Property to a newly-formed or existing governmental agency. In the event the
City closes the Property, this Agreement shall terminate upon the effective date
of such closure. City shall provide written notice to TPL immediately upon any
consideration by the City of the possibility of transferring or closing the Property.
City shall provide TPL with as much prior written notice of any such transfer or
closure of the Property as is reasonably possible, but in no case less than ten
(10) City business days, before the effective date of any such transfer or closure.
TPL shall be permitted to continue operations on the licensed Property for the
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remaining portion of the year in which it receives any such notice specifying the
effective date of the transfer or closure of the Property.
26. THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST
THE OTHER PERTAINING TO ANY MATTER WHATSOEVER ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR TPL'S USE
OF THE PREMISES.
Authorized Signatures. The parties will have the Agreement executed by
representatives authorized to execute, amend, and enforce this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date first written above
Signature of Witness
_________________________
Print Name of Witness THE TRUST FOR PUBLIC LAND
_________________________
By: _________________________
ATTEST:
By: ________________________
EXHIBT “A” Fitness Equipment List
EXHIBIT “B” Equipment Specifications
EXHIBIT “C” Site Plan
EXHIBIT “D” Equipment Warranty
EXHIBIT “E” Final Acceptance and Assignment of Warranty
EXHIBIT “F” Quantum Foundation Grant ID: 10206819
ATTEST: CITY:
City of Boynton Beach, a political
subdivision of the State of Florida
By:______________________________
Deputy Clerk By:____________________________
Lori LaVerriere, City Manager
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APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:______________________________
City Attorney
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Exhibit A
Fitness Equipment List
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Exhibit B
Equipment Specifications
(To be provided as separate attachments)
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Exhibit C
Barrier Free Park Site Plan
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Exhibit D
Equipment Warranty
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Exhibit “E”
Final Acceptance and Assignment of Warranty
Date
City of Boynton Beach
Recreation & Parks Department
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Attn: Director
Dear Friends:
Agreement
This Assignment of Warranty (“Acceptance ”) is made with reference
Warranty
to that certain Warranty Certificates (“”) (attached hereto as Exhibit D) issued
Sellers
by Greenfields Outdoor Fitness, Inc. and XGrass, Inc (“”) for equipment
TPL
purchased by The Trust for Public Land (“”) in connection with TPL’s Fitness Zones
Equipment
project (the “”).
In connection with the City of Boynton Beach Recreation & Parks Department’s
CityFinal Acceptance
(the “”) acceptance of the Equipment (the “”) installed at 3111 S.
Congress Avenue, Boynton Beach, Florida 33426, owned/managed by the City, TPL, as
purchaser of the equipment is hereby assigning the Warranties to the City.
The City hereby accepts this Assignment and agrees to assume responsibility for
the maintenance and operation of the Equipment pursuant to the terms of the Right of
Entry Permit, License, and Development Agreement for Fitness Zone Equipment
Installation at Barrier Free Park in Boynton Beach, Florida.
City has delivered to TPL a fully executed Right of Entry Permit, License, and
Development Agreement for Fitness Zone Equipment Installation. Such delivery, along
with City’s signature below, shall constitute City’s Final Acceptance of the Equipment
and City’s agreement to abide by the terms of the Warranty.
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ASSIGNOR: AGREED TO AND ACCEPTED BY:
The Trust for Public Land, a City of Boynton Beach, Florida
California nonprofit corporation
Name: By: Lori LaVerriere
Title: Counsel Title: City Manager
ATTEST:
By: ______________________
Reviewed and approved for execution
By: ___________________________
City Attorney
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EXHIBIT F
Quantum Foundation Grant ID: 10206819
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6. E
CONSENT AGENDA
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-100 -
EQUESTED CTION BY ITY OMMISSION
Approve Letter Agreement between Florida East Coast Railway, LLC, (FECR), the City of
Boynton Beach and All Aboard Florida-Operations LLC (AAF) relating to the Crossing
Agreements and railroad crossings referenced therein.
ER:
There are eight railroad crossing locations existing within
XPLANATION OF EQUEST
the City of Boynton Beach that will be impacted by the proposed high speed rail project.
All Aboard Florida-Operations, LLC., is developing a high speed intercity passenger rail
service from Miami to Orlando which will traverse the Boynton Beach crossings. Florida
East Coast Railway and All Aboard Florida have an agreement whereby public safety
improvements will be made at the cost of All Aboard Florida. The Agreement does not
encompass other costs that the City might wish to add over the basic safety
improvements identified by the FECR and All Aboard Florida. The City will not be
responsible for the initial development costs but will be responsible for any and all other
costs in accordance with the existing Crossing Agreements between the City and
FECR. AAF will be incurring the necessary and reasonable capital investments to
complete the initial installation of crossing improvements required for the Project to
comply with currently applicable laws regarding safety at public crossings and
commence passenger rail service.
The deadline for acceptance of the Agreement is October 16, 2014. If the
improvements to the crossings are not completed by December 31, 2018, the terms of
the letter agreement expire.
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The Public Works Director will provide additional information regarding the actual
crossing improvements in connection with the Commission’s review of this agenda item.
H?
Crossing improvements will be
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
made to address safety concerns at the cost of All Aboard Florida. Improved crossings
may carry additional maintenance costs which will be the responsibility of the City.
FI:
The improvements will require an estimated additional $5,000 per year
ISCAL MPACT
in City maintenance costs.
A:
Do not approve the letter Agreement in which case the City may be
LTERNATIVES
responsible for crossing improvements under the terms of the existing Agreement
between the City and FECR.
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RESOLUTION R14-100
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A LETTER AGREEMENT BETWEEN FLORIDA EAST
COAST RAILWAY, LLC., THE CITY OF BOYNTON BEACH AND ALL
ABOARD FLORIDA – OPERATIONS, LLC., RELATING TO THE
CROSSING AGREEMENTS AND RAILROAD CROSSINGS
REFERENCED THEREIN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
All Aboard Florida-Operations, LLC., is developing a high speed intercity
passenger rail service from Miami to Orlando which will traverse the Boynton Beach crossings;
and
WHEREAS,
there are eight railroad crossing locations existing within the City of
Boynton Beach that will be impacted by the proposed high speed rail project; and
WHEREAS
, Florida East Coast Railway and All Aboard Florida have an agreement
whereby public safety improvements will be made at the cost of All Aboard Florida however it
does not encompass other costs that the City might wish to add over the basic safety
improvements; and
WHEREAS,
the letter Agreement identifies that the City will not be responsible for the
initial development costs but will be responsible for any and all other costs in accordance with
the existing Crossing Agreements between the City and Florida East Costs Railway; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
Beach to authorize the City Manager and City Clerk to sign the letter Agreement between
Florida East Coast Railway, LLC., the City of Boynton Beach and All Aboard Florida-
Operations, LLC., relating to the Crossing Agreements and railroad crossings referenced therein.
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
being true and correct and are hereby made a specific part of this Resolution upon adoption
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hereof.
Section 2. The letter Agreement between Florida East Coast Railway, LLC., the City
of Boynton Beach and All Aboard Florida-Operations, LLC., relating to the Crossing
Agreements and railroad crossings referenced therein is approved and the City Manager and
City Clerk are authorized to sign the letter Agreement, a copy of the Agreement is attached
hereto and made a part here as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2014.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jerry Taylor
_____________________________
Vice Mayor – Joe Casello
_____________________________
Commissioner – David T. Merker
_____________________________
Commissioner – Mack McCray
ATTEST:
______________________________
Commissioner – Michael M. Fitzpatrick
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. F
CONSENT AGENDA
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-101-
EQUESTED CTION BY ITY OMMISSION
Supporting a referendum placed on the November 4, 2014 Ballot by the School District of PBC to
continue an ad valorem levy for school operational needs.
ER:
The School District has placed a Referendum on the
XPLANATION OF EQUEST
November 4, 2014 Ballot for the continuation of an existing 0.25 mill levy that funds
more than 500 Fine Arts, Physical Education and Choice/Magnet teachers in district-
operated schools. If approved, this levy will impact more than 90,000 students in over
120 non-charter District schools. In Boynton Beach alone, over 7200 students will be
directly impacted.
A property owner in PBC will continue to pay $25 dollars for each $100,000 of assessed
value. All funds collected by the levy will be overseen by an independent oversight
committee of citizens and experts. The reauthorization of this levy will allow funds to be
collected in 2015 to 2019. The tax will automatically expire in four years and cannot be
reviewed without voter approval.
Attached are specific data on Boynton Beach schools.
H?
n/a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
n/a
ISCAL MPACT
A:
na/
LTERNATIVES
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6. G
CONSENT AGENDA
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-102 -
EQUESTED CTION BY ITY OMMISSION
Authorize a Notice of Intent to address unknown impact of production and distribution of medical
marijuana.
ER:
The State Legislature adopted Laws of Florida 2014-157
XPLANATION OF EQUEST
creating a statutory “compassionate use of low-THC cannibus” law. The law was
effective June 16, 2014 but actual implementation does not occur until January 1, 2015.
A state –wide referendum is scheduled for the November 4, 2014 General Election.
The impact on Florida municipalities is the subject of wide debate as the Florida
Administrative Code Rules for regulating businesses which produce or distribute
medical marijuana is in the formation process. Local city issues regarding zoning,
Business Tax Receipt and Certificates of Use are under review by City Administrative
Staff. The proposed Notice of Intent will operate as a moratorium on the establishment
of any business producing or distributing medical marijuana until such time as staff’s
study is completed and the City’s Land Development Regulations and other regulatory
controls are finalized.
The adoption of the proposed Notice of Intent is the preliminary step. If approved by the
Commission, the Commission must conduct a Public Hearing on October 21 to take
public input on the proposed action by the City. Following public hearing, the City
Commission can approve, disapprove or modify the terms and conditions of the Notice
of Intent.
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H?
The study period will allow an
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
orderly review of City regulations and the avoidance of unforeseen impacts from state-
wide regulations that are still in the drafting stage.
FI:
Until the study period is concluded, any Business Tax Receipt revenue
ISCAL MPACT
or Certificate of Use revenue which can be derived from businesses that produce or
distribute medical marijuana will be deferred.
A:
Not adopt a Notice of Intent and process any applications for
LTERNATIVES
Certificates of Use or Business Tax Receipts related to production or distribution of
medical marijuana on a case by case basis.
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RESOLUTION NO. R14-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING ISSUANCE OF A “NOTICE OF INTENT” TO ADDRESS
UNKNOWN IMPACT OF PRODUCTION AND DISTRIBUTION OF
MEDICAL MARIJUANA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Ordinance 00-53 authorizes temporary moratoriums to allow the City staff
and City consultants to study the need for modifications to City development
regulations in response to trends on development or redevelopment in the City;
and
WHEREAS,
the State Legislature adopted Laws of Florida 2014-157 creating a
ststutory “compassionate use of low-THC cannibus” law which was effective
June 16, 2014 but actual implementation does not occur until January 1, 2015;
and
WHEREAS
, the impact on Florida municipalities is the subject of a wide debate as the
Florida Administrative Code Rules for regulating businesses which produce or
distribute medical marijuana is in the formation process and local City issues
regarding zoning, Business Tax Receipt and Certificates of Use are under review
by City Administrative Staff; and
WHEREAS
, the proposed Notice of Intent will operate as a moratorium until such time
as staff’s study is completed and the City’s Land Development Regulations and
other regulatory controls are finalized; and
WHEREAS,
the Commission deems it timely and in the best interest of the City and its
residents to undertake review and revision of the zoning regulations, Business
Tax Receipts and Certificates of Use as they relate to the location, use and
operation of the production or distribution of medical marijuana; and
WHEREAS
, the Commission has authority to initiate the review process by resolution
and issuance of a Notice of Intent; and
WHEREAS,
the Notice of Intent attached to this Resolution as Exhibit “A” represents a
formal announcement of zoning in progress and a moratorium on the operation of any business
which produces or distributes medical marijuana; and
WHEREAS
, this Notice of Intent will be in effect from the date of adoption and thereafter
for a period of 365 days following the date of adoption unless otherwise extended by the City
Commission by subsequent Resolution following public hearing; and
WHEREAS
, the Commission intends that this Resolution constitute zoning in progress and
the commencement of a temporary moratorium as a means of abating in all zoning districts during
the study period: All new applications to rezone land or amend a master plan to operate a business
which produces or distributes medical marijuana; all new conditional use applications for businesses
which produce or distribute medical marijuana; and all new applications for building permits,
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business tax receipts or certificates of use involving businesses which produce or distribute medical
marijuana during the 365 day study period herein described; and
WHEREAS,
pursuant to Article VII, Section 2 of the Florida Constitution and Chapter
166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the
public health, safety and welfare of its citizens and has the power and authority to enact
regulations for valid governmental purposes that are not inconsistent with general or special law;
and
WHEREAS,
thepublic health, safety and welfare is a legitimate public purpose
recognized by the courts of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does hereby
issue the Notice of Intent attached hereto as Exhibit “A”.
Section 2. That this Resolution shall become effective in all zoning districts city-wide
immediately upon passage.
Section 3. The Notice of Intent shall be posted and copies provided as required by
Ordinance 00-053.
Section 4. No application for a development activity, permit, or Business Tax Receipt,
that is defined within the scope of the study shall be accepted or processed by the City, following the
date of adoption of this Resolution during the study period.
Section 5. The City Commission requests that the City Administration address in its
study the following issues:
There are no specific regulations that have been identified for amendment. The study is
intended to identify regulations that, if amended, would enhance economic development without
having a detrimental impact on businesses which produce or distribute medical marijuana that wish
to locate and operate in the City.
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PASSED AND ADOPTED this ____ day of October, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
ATTEST:
_______________________________
Commissioner – Michael M. Fitzpatrick
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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NOTICE OF INTENT TO ADOPT PENDING AMENDMENTS
TO LAND DEVELOPMENT REGULATIONS
Production and distribution of medical marijuana
NOI 2014-01
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare, in anticipation of amendments to the
Comprehensive Plan, the Official Zoning Map and the Land Development Regulations,
a study period to implement initiatives of the City’s Economic Development Program
that include:
A.The evaluation of the Official zoning Map and Use Regulations for evaluation of existing
zoning provisions, fiscal impact, and locational options for businesses which produce or
distribute medical marijuana.
B.The development and consideration of Comprehensive Plan and Economic Development
Program policies that guide the review and actions involving land use
amendments/rezoning, and other development applications.
C.This Notice of Intent constitutes the commencement of zoning in progress and a
moratorium on the operation of any business which produces or distributes medical
marijuana.
AFFECTED AREA: All zoning districts
GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND
DEVELOPMENT REGULATIONS (LDR)
A.The addition or deletion of permitted, conditional or prohibited uses all zoning districts;
B.The addition of development standards to ensure compatibility between commercial,
industrial and institutional uses, and residential and mixed uses; and
C.Adoption of application processes or operational policies or review criteria applicable to
the review of development applications intended to maximize contribution to the City’s
fiscal or economic growth.
AFFECT ON DEVELOPMENT IF REGULATION ADOPTED
There are no specific regulations that have been identified for amendment. The study is intended
to identify regulations that, if amended, would enhance economic development without having a
detrimental impact on businesses which produce or distribute medical marijuana that wish to
locate and operate in the City.
EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE
THE SUBJECT OF THE STUDY AND MAY BE AMENDED
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Land Development Regulations
Chapter 2. Land Development Process, and
Chapter 3. Zoning.
Code of Ordinances
Chapter 13 Licenses and
Chapter 13, Certificates of Use (Ord. 14-018)
PROJECTED TIME FRAME FOR STUDY
Three Hundred and Sixty Five Days (365) days from the date of approval of this Notice by the
City Commission.
The planning study including formulation of recommendations is estimated to take 12 months. If
additional time is required to complete the study due to the scope or magnitude of the regulatory
changes, a request for extension may be requested by the Development Department. The City
Commission, following public hearing on the request for extension may extend this Notice of
Intent for an additional period of time as specified by the City Commission at the time of
extension.
STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING
REGULATION WOULD AFFECT
Effective on adoption of this Notice, all the following applications shall be abated in all zoning
districts during the study period:
A.All new applications to rezone land or amend a master plan to operate a businesses which
produces or distributes medical marijuana;
B.All new conditional use applications for businesses which produce or distribute medical
marijuana; and
C.All new applications for building permits, business tax receipts or certificates of use
involving businesses which produce or distribute medical marijuana.
This Notice of Intent shall only apply to said complete applications accepted by the City after the
Notice of Intent is executed.
ADDITIONAL NOTICE
1. The Notice of Intent shall be posted in the Development Department and in the notice case
located at the main entrance to City Hall.
2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce.
3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants
who may be potentially affected by the pending study and regulatory changes. This
notice shall be provided to those individuals by mail, facsimile, electronic mail or in
person. Comments including written objections to the Notice of Intent, shall be accepted
by the Development Department Director from recipients of this notice.
SAVINGS PROVISION
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Neither the failure by the City Clerk to provide notice as set forth in this section nor the lack of
awareness of any potentially affected applicant shall not invalidate the applicability of this
notice.
PUBLIC HEARING ANNOUNCED:
The City Commission will conduct a public hearing on this Notice of Intent at the October 21,
2014 City Commission meeting. Following public hearing the Commission will take such action
as necessary to approve or disapprove the proposed study regarding the land use, zoning and
other regulations concerning businesses that produce or distribute medical marijuana.
Dated: October 7, 2014
Adopted by Resolution R14- of the City Commission of the City of Boynton Beach, Florida
th
the 7 day of October, 2014.
By: _______________________
Office of the City Clerk
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6. H
CONSENT AGENDA
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the FY 2013-14 Budget Status Report of
EQUESTED CTION BY ITY OMMISSION
the General Fund & Utility Fund for the eleven (11) month period ended August 31, 2014.
Explanation of Request
:This report summarizes the estimated funding sources and
the adopted expenditure budgets for the City’s General Fund and Utility Fund for the
eleven (11) month period ended August 31, 2014 (92% of the fiscal year). The analysis
compares:
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The annual budget is what
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
provides and controls the resources for City programs and services.
FI:
The annual budget and results to date for the General Fund and Utility
ISCAL MPACT
Fund.
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GENERAL FUND
FY 2013-14FY 2012-13FY 2014 vs. 2013
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 71,267$ 69,00097%$ 69,643$ 66,12895%2%4%
Expenditures$ (71,267)$ (64,531)91%$ (69,643)$ (62,229)89%2%4%
Excess (Deficit)$ -$ 4,469$ -$ 3,899
Revenues & Transfers (Exhibit A) – Budgeted Funding Sources:
Property taxes
and other revenues provide funding sources of $54.3M or 76% of our total $71.2M
General Fund budget estimate for FY 2013-14. Transfers from other funds (non-
revenues) provide $16.9M or 24% of the total funding sources to balance our $71.2M
General Fund budgeted expenditures.
These three major estimated funding sources are summarized as follows:
1. 36% - $ 25.3M – Property taxes less Tax Increment Financing to the CRA
2. 40% - $ 29.0M – All other revenues plus General Fund Balance
3._24% - $ 16.9M – Transfers from other funds
100% - $ 71.2M – Total funding sources
The property tax rate for FY 2013-14 was increased from 7.6000 mills to 7.9000 mills;
the net property taxes of $25.3M in FY 2013-14 represent a 10% increase in property
tax revenue or an increase of $2.6M from FY 2012-13.
To balance the budget in FY 2013-14, it required transfers from other funds of $16.9M
representing 24% of all funding sources.
Actual Funding Sources Realized:
At the end of the eleventh month in FY 2013-14,
revenues and transfers realized are approximately $69.0M of the budget estimate
compared to $66.1M realized to date in FY 2012-13.
Ad Valorem Taxes, net of discounts and TIF taxes to the CRA
, received to date was
$25.0M as compared to $23.4M for FY 2012-13, as noted on Exhibit A.
Other Revenues: The four major revenue sources other than property taxes:
Franchise Fees
1. realized was $4.1M or 94% actual collected compared to $3.9M or
86% in FY 2012-13.
Business Taxes
2. are due at the beginning of the fiscal year. For FY 2013-14,
approximately $1.4M or 103% has been collected compared to the FY 2012-13 amount
of $1.3M or 97%.
State Shared revenues
3. of $6.8M or 97% have been collected in FY2013-14 as
compared to $6.3M or 94% received in FY 2012-13.
Public Safety revenues
4. at this point is ahead of the budgeted amount; $4.2M or
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105% was received compared to $3.9M or 99% for FY 2012-13.
Special Assessment revenues,
5. related to Fire and Rescue, in the amount of
$4.88M or 98% has been collected compared to $4.90M or 100% in FY 2012-13.
Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted
transfers from other funds each month. This will result in 100% realization of this
funding source for the year.
Expenditures (Exhibit B)
Budgeted Expenditures:
Overall, appropriations increased approximately 2.3% from
$69.6M to $71.2M. The budget increase was due to the cost of doing business,
providing funding for additional landscaping, wage increases and increases for
insurance costs.
Actual Expenditures –
General Fund expenditures for the eleven month period ending
August 31 (92% of the fiscal year) are $64.5M that is 91% of the $71.2M expenditure
appropriation for FY 2013-14.
The table at the top of Exhibit B displays actual expenditures of $64.5M or 91% of the
FY 2013-14 budget, not including encumbrances of $814K thru August 2014. At this
point in the fiscal year, spending levels are ahead compared to the $62.2M or 89%
actual spending levels in FY 2012-13 for this same period.
UTILITY FUND
The FY 2013-14 annual expenditure budget of $39.1 M represents a $1.4 M increase
from the FY 2012-13 budget of $37.7 M. The operational forecast reflects an increase of
an estimated $49K into the fund balance for FY 2013-14.
FY 2013-14FY 2012-13FY 2014 vs. 2013
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 39,167$ 38,26998%$ 37,719$ 34,52092%4%11%
Expenditures$ (39,167)$ (34,712)89%$ (37,719)$ (33,826)90%4%3%
Excess (Deficit)$ -$ 3,557$ -$ 694
For the eleven month period in FY 2013-14,
Revenues realized are $38.2M (98%) of the annual budget estimate.
Expenditures incurred are $34.7M (89%) of the annual appropriated budget.
This resulted in revenues in excess of expenditures yielding a surplus of approximately
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$3.5M.
The following provides brief comments on the Utility Fund revenues and expenditures to
date.
Revenues (Exhibit C) -
The $38.2M in FY 2013-14 actual revenues and fund balance
have increased over the $34.5M in FY 2012-13, because of two factors:
Water Sales - $17.7M equivalent to 98% of the annual estimate, compared to
$16.4M or 92% at this point in FY 2012-13.
Water Service Charge - $947K equivalent to 211% of the annual estimate,
compared to $497K at this point in FY 2012-13, due to stricter enforcement of
fees associated with delinquent accounts and the reconnection of water service.
Sewer Service - $16.0M equivalent to 96% of the annual estimate, compared to
$15.3M or 92% at this point in FY 2012-13.
In FY 2013-14, $ 49K is being recognized as an added increase to fund balance,
compared to an added increase of $ 1.2M in FY 2012-13.
Expenditures (Exhibit D)
– Utility Fund FY 2013-14 expenditures to date are $34.7M
or 89% of the annual appropriation compared to expenditures of $33.8M or 90% for the
prior fiscal year. Note: encumbrances as of August 2014 totaled $491K.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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6. I
CONSENT AGENDA
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Authorize the Finance Department to reduce the
EQUESTED CTION BY ITY OMMISSION
Allowance for Uncollectible Account and the Accounts Receivable Accounts by $319,917.85, in
unpaid Utility and Refuse billings that have been turned over to the City’s collection agency.
ER:
This action should be done on an annual basis. The
XPLANATION OF EQUEST
$319,917.85 involves 1,270 accounts closed from April 2012 through August 2013 and
small balance accounts less than $25.00 through August 2014. Attempts by the City
and its Collection Agency to collect these past due amounts have been exhausted since
a majority of the accounts are from rentals, foreclosures, walk-away/abandon and
bankruptcy, and the customers have moved from the area. Staff and the collection
agency have collected a total of $126,591.68 on these accounts.
The City is required to establish an amount for the allowance for uncollectible accounts
annually based on overall outstanding receivables both in utility and sanitation funds.
By establishing that allowance annually this write off request will have no impact on the
City’s financial statements. It is prudent of review at least annually the collectability of
accounts that have been sent to the collection agency to determine the benefit of having
the collection agency continue to attempt to collect older accounts.
During the period of April 2012 through August 2013 the City billed approximately $63.7
million of charges for Utility and Solid Waste fees. The amount being requested to be
written off comprises just over one-half percent (0.52%) of the total amount billed during
that period for water, sewer, stormwater and refuse. Neighboring municipalities, such
as Deerfield Beach, Boca Raton, Delray Beach and Lake Worth consider an average of
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0.50% to 1% loss in uncollected revenues to be acceptable. Our percentage falls within
that value, and is therefore felt to be within the local governmental standard.
Attached is a schedule of amounts per service type to be written off, a computer
generated report will be available once the system actually writes off the accounts.
H?
None
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None since this amount has already been accounted for in the
ISCAL MPACT
Allowance for Uncollectible Accounts on the financial statements and it is just over one-
half percent of the total revenues billed for the period.
A:
Continue to carry the unpaid accounts in the Accounts Receivable
LTERNATIVES
Accounts and the Allowance of Uncollectible Accounts.
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6. J
CONSENT AGENDA
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a one-year renewal for Bid No. 066-2730-
EQUESTED CTION BY ITY OMMISSION
12/DJL, Sod and Sod Installation. The City of Boynton Beach is lead agency for this Southeast
Florida Governmental Purchasing Cooperative Group Bid with 20 participating government
agencies. The estimated annual expenditure for the City of Boynton Beach is $7,500.
RENEWALPERIOD(YEAR1):N1,2014O31,2015
OVEMBER THROUGH CTOBER
ER:
XPLANATION OF EQUEST
On October 16, 2012, City Commission awarded the bid for Sod and Sod Installation to
five landscape contractors, on behalf of the City and the Southeast Florida
Governmental Purchasing Cooperative for an initial two year period. The bid
documents allow for three (3) one-year extensions. Four of the five vendors: Mullings
Engineering Services; South Florida Grassing; Sunset Sod; and Tropic Landscaping
have agreed to extend for an additional year. Odum’s Sods who was awarded as a
secondary vendor (North) for two items on this bid declined to renew. The estimated
annual expenditure for all twenty (20) participating government agencies is
$840,000.00.
Cost Adjustments due to increased pricing is allowed, per number 15, Special
Conditions. Vendors requested an increase of $.04 per square foot for the St.
Augustine Floratam and the St. Augustine Palmetto only. Procurement Services
recommends that it is in the best interest of the City and the Co-op to approve this
requested increase and extend the bid for an additional one-year period.
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
This bid provides a convenient source for sod and sod installation at reduced pricing
due to the purchasing power of the SE Florida Purchasing Cooperative.
FI:
ISCAL MPACT
The estimated expenditure of $7,500. has been included in the City’s Fiscal Year
2014/2015 Adopted Budget.
A:
LTERNATIVES
Not approve the renewal, requiring that all of the twenty (20) participating government
agencies would need to issue bids for their respective agency.
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6. K
CONSENT AGENDA
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the minutes from the Regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on September 3, 2014
The City Commission met on September 3, 2014 and minutes were prepared from the
notes taken at the meetings. The Florida Statutes provide that minutes of all
Commission meetings be prepared, approved and maintained in the records of the City
of Boynton Beach.
H?
A record of the actions taken by
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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7. A
BIDS AND PURCHASES OVER $100,000
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve utilizing the State of Florida Mobile
EQUESTED CTION BY ITY OMMISSION
Communications Services (MCS) Contract for wireless voice and data services with AT&T,
Sprint and Verizon for fiscal year 2015 for the City Departments requiring these services. The
State of Florida Contract expires January 2017. The anticipated annual expenditure for all
Departments is $140,000.
RP:O1,2014S30,2015
EQUEST ERIODCTOBER THROUGH EPTEMBER
ER:
XPLANATION OF EQUEST
The City of Boynton Beach has been utilizing the State of Florida Mobile
Communication Services Contracts – DMS-10/11-008A for AT & T; DMS-10/11-008B
for Sprint; and DMS-10/11-008C for Verizon for our voice and data requirements. The
State of Florida competitive procurement requirements equal and exceed the City of
Boynton Beach procurement requirements.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
By piggybacking the State of Florida contract for wireless data services, City
Departments including Police and Fire are able to provide services and perform their
duties as required, at reduced and consistent plan rates per State of Florida contract
specifications.
FI:
ISCAL MPACT
City Departments using mobile voice and data services have budgeted for this expense
in their respective Fiscal Year 2015 budgets.
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Total expenditures for wireless services with AT & T, Sprint (Nextel), and Verizon are:
FY 2014 (to date): $127,000.00
FY 2013: $130,000.00
A:
LTERNATIVES
The City could issue a bid for these services.
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7. B
BIDS AND PURCHASES OVER $100,000
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Authorize the use of the United States Postal
EQUESTED CTION BY ITY OMMISSION
Service (USPS) as a sole source vendor for Fiscal Year 2014/2015 for postage costs associated
with Utilitiy billing for an estimated amount of $140,000.
ER:
The Utility Department, Customer relations Division
XPLANATION OF EQUEST
processes all the monthly bills for utility and garbage services for over 35,000 accounts.
Bills are mailed out to customers monthly. This request is for a Blanket Purchase Order
in order to purchase the postage for the billings.
In accordance with the City’s Administrative Policy 10.00.01, purchases for personal
property, commodities, and services (non-construction) over $25,000 required City
Commission approval.
H?
Postage is required to mail out
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
billings. The City is continuously promoting electronic methods of accessing billing
information (e-mail). A majority receive their bill via postal mail. The City has achieved
discount rates on their postage by sorting zip codes and bar codes for addresses.
Continuous improvements are being made.
FI:
The estimated budget for postage this year is $140,000 under account
ISCAL MPACT
401-2825-536-41-12.
FY 13/14 expense $140,000.00
FY 12/13 expense $142,000.00
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A:
None
LTERNATIVES
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9. A
PUBLIC HEARING
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-013 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002)
from a PUD (Planned Unit Development) with the Master Plan for 110 single-family homes, to a
PUD to be combined with adjacent property to the north, establishing a Master Plan consisting of
184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High
Ridge Road and Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC. (TABLED TO
10/7/14)
PROPOSED ORDINANCE NO. 14-014 - FIRST READING - PUBLIC HEARING - Approve
High Ridge Landing PUD rezoning (REZN 14-002) from R-2 (Single and Two-Family Residential
District) to a PUD to be combined with adjacent property to the south establishing a new Master
Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the
NW corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge Housing,
LLC. (TABLED TO 10/7/14)
ER:
The proposed rezoning would recreate a PUD (Planned Unit
XPLANATION OF EQUEST
Development) zoning originally placed on the subject property in 2005, after it was
annexed to the City. The PUD was initially approved for 174 units (48 single family
homes and 126 townhomes), then modified in 2007 to include 110 single-family homes.
However, the prolonged economic downturn thwarted project construction.
In 2009, the subject property was split in two after the owner sold a 4.22-acre parcel at
the northern portion of the site for development of a charter school. The school’s part of
the property was rezoned from PUD to R-2 (Single-and Two Family Residential District),
since schools were not allowed in PUD until 2012, when the LDR regulations were
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amended. In 2013, the owner sold another 5.31 acre part of the property for a future
school recreational area. The request, if approved, would reunite the three properties
under the PUD zoning with a new master plan which would include a multifamily
residential component with 184 apartments and the existing school with the soon-to-be
developed athletic field.
The proposed master plan represents relatively little change from the first master plan
approved for the property (184 units as compared to 174 units). The property’s future
land use classification is Medium Density Residential, which allows for the requested
number of units. The type of units—rental apartments—reflects a strong market
demand. Moreover, given the proximity of the school, many alternative uses for the
property (particularly the previously proposed industrial use) could create compatibility
issues.
The proposed rezoning is compatible with the current and future use of adjacent and
nearby properties: there is a considerable diversity of land uses in proximity of the
subject property, from residential uses of various types and densities to institutional and
industrial uses. In addition to proximity of the school, and industrial and commercial
uses as employment centers, the project is located within ½ mile from the regional
transit network of Tri-Rail, giving future residents convenient access to the three-county
labor market.
The Planning and Development Board recommended denial of the subject request on
July 22, 2014.
H?
No impact on City programs or
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services.
FI:
The project would generate approximately $160,000 of annual
ISCAL MPACT
revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for
water, sewer, and stormwater is $58,800. The necessary services can be provided
within the existing capacity of the respective city departments: no additional capital
outlays or increased staffing would be required.
The park impact fee will be $109,480.
A:
None recommended
LTERNATIVES
263 of 398
ORDINANCE NO. 14-013
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF RON ROAN OF HIGH RIDGE
HOUSING, LLC., TO REZONE A PARCEL OF LAND LOCATED ON
THE NORTHWEST CORNER OF HIGH RIDGE ROAD AND MINER
ROAD, AS MORE FULLY DESCRIBED HEREIN, FROM PLANNED
UNIT DEVELOPMENT (PUD) WITH MASTER PLAN FOR 110
SINGLE FAMILY HOMES TO PLANNED UNIT DEVELOPMENT
(PUD) WITH MASTER PLAN FOR 184 APARTMENTS, IMAGINE
CHARTER SCHOOL AND ATHLETIC FIELDS; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted a
Revised Zoning Map for said City; and
WHEREAS,
Ron Roan has filed a petition on behalf of the owners, High Ridge Housing,
LLC., to rezone a parcel of land more particularly described hereinafter; and
WHEREAS,
the City Commission, following required notice, conducted a public hearing
to consider the rezoning and heard testimony and received evidence which the Commission finds
supports a rezoning for the property hereinafter described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with the
Land Use described in the City’s Comprehensive Plan; and
WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said
City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The following described land located on the Northwest corner of High
Ridge Road and Miner Road, as more fully described herein, is hereby rezoned from Planned Unit
Development (PUD) with a Master Plan for 110 single-family homes to Planned Unit
264 of 398
Development (PUD) with a Master Plan for 184 apartments, the Imagine Charter School and
athletic fields:
LEGAL DESCRIPTION:
HIGH RIDGE HOUSING, LLC
BEING A PORTION OF HIGH RIDGE PUD, PLAT BOOK 109, PAGES 90 THROUGH 93, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID HIGH RIDGE PUD, RUN THENCE NORTH
01°09'29" EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 549.75 FEET; THENCE SOUTH
88°50'31" EAST, A DISTANCE OF 51.26 FEET; THENCE NORTH 28°49'12" EAST, A DISTANCE OF 398.90
FEET; THENCE SOUTH 88°09'31" EAST, A DISTANCE OF 234.09 FEET TO A POINT ON THE EAST LINE
OF SAID PLAT, SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF HIGH RIDGE
ROAD; THENCE SOUTH 01°50'29" WEST ALONG SAID EAST LINE AND ALONG SAID WEST RIGHT-OF-
WAY LINE, A DISTANCE OF 851.74 FEET; THENCE SOUTH 46°11'53" WEST, A DISTANCE OF 36.07
FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID SOUTH LINE ALSO BEING THE NORTH
RIGHT-OF-WAY LINE OF MINER ROAD; THENCE SOUTH 88°07'03" WEST ALONG SAID SOUTH LINE
AND ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 435.45 FEET TO THE POINT OF
BEGINNING.
CONTAINING 362,997 SQUARE FEET OR 8.33 ACRES. MORE OR LESS.
TOGETHER WITH
LEARNING EXCELLENCE FOUNDATION OF SOUTH PALM BEACH, INC.
ALL OF THE PLAT OF “HIGH RIDGE PUD” ACCORDING TO THE PLAY THEREOF AS RECORDED IN
PLAY BOOK 109, PAGE 90 THRU 93, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
LESS AND EXCEPT A PORTION OF “HIGH RIDGE PUD” ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAY BOOK 109, PAGES 90 THRU 93, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID “HIGH RIDGE PUD” PLAT; THENCE NORTH 88
DEGREES 35 MINUTES 59 SECONDS EAST ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF
471.46 FEET; THENCE SOUTH 01 DEGREES 50 MINUTES 29 SECONDS WEST ALONG THE EAST LINE
OF SAID PLAT, A DISTANCE OF 400.00 FEET; THENCE NORTH 88 DEGREES 09 MINUTES 31 SECONDS
WEST, A DISTANCE OF 475.09 FEET; THENCE NORTH 01 DEGREES 09 MINUTES 29 SECONDS EAST
ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 242.76 FEET; THENCE NORTH 05 DEGREES
02 MINUTES 00 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 130.80 FEET TO THE
POINT OF BEGINNING.
LESS AND EXCEPT FROM THE TOTAL PARCEL DESCRIBED ABOVE THE FOLLOWING DESCRIBED
PARCEL:
BEING A PORTION OF HIGH RIDGE PUD, PLAT BOOK 109, PAGES 90 THRU 93, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID HIGH RIDGE PUD, RUN THENCE NORTH
01’09’29” EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 549.75 FEET; THENCE
SOUTH 88’50’31” EAST, A DISTANCE OF 51.26 FEET; THENCE NORTH 28’49’12” EAST A DISTANCE OF
398.90 FEET; THENCE SOUTH 88’09’31” EAST, A DISTANCE OF 234.09 FEET TO A POINT ON THE EAST
LINE OF SAID PLAT, SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF HIGH RIDGE
ROAD; THENCE SOUTH 01’50’29” WEST ALOND SAID EAST LINE AND ALONG SAID WEST RIGHT-
OF-WAY LINE, A DISTANCE OF 851.74 FEET; THENCE SOUTH 46’11’53” WEST, A DISTANCE OF 36.07
FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID SOUTH LINE ALSO BEING THE NORTH
RIGHT-OF-WAY LINE OF MINER ROAD; THENCE SOUTH 88’07’03” WEST ALONG SAID SOUTH LINE
AND ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 435.45 FEET TO THE POINT OF
BEGINNING.
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SAID LANDS SITUAE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA AND
CONTAIN 231,380 SQUARE FEET (5.312 ACRES) MORE OR LESS..
A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference.
Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of
this Ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
th
FIRST READING this 19 day of August, 2014.
266 of 398
SECOND, FINAL READING and PASSAGE this ___ day of ___________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
267 of 398
ORDINANCE NO. 14-014
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF RON ROAN OF HIGH RIDGE
HOUSING, LLC., AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED ON THE WEST SIDE OF HIGH RIDGE
ROAD, APPROXIMATELY 0.25 MILES NORTH OF MINER ROAD, AS
MORE FULLY DESCRIBED HEREIN, FROM SINGLE AND TWO
FAMILY DWELLING DISTRICT (R-2) TO PLANNED UNIT
DEVELOPMENT (PUD) WITH MASTER PLAN FOR 184
APARTMENTS, IMAGINE CHARTER SCHOOL AND ATHLETIC
FIELDS; 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,
WDDW RESOURCES, LLC., owner of the property located on the west
side of High Ridge Road, approximately 0.25 miles north of Miner Road in Boynton Beach,
Florida, as more particularly described herein, has endorsed a Petition filed by applicant Ron
Roan of High Ridge Housing, LLC., 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 Single and Two-family Dwelling District
(R-2) to Planned Unit Development (PUD) as part of the master plan for 184 apartments, imagine
charter school and athletic fields; 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 hereinafter
described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with an
amendment to the Land Use which was contemporaneously considered and approved at the
public hearing heretofore referenced; and
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WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said
City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The following described land located on the west side of High Ridge Road,
approximately 0.25 miles north of Miner Road in Boynton Beach, Florida, as set forth as follows:
TRACT "A", IMAGINE CHARTER SCHOOL AT BOYNTON BEACH, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 112, PAGES 186 AND 186 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY,
FLORIDA.
CONTAINING 183,902 SQUARE FEET/4.2218 ACRES MORE OR LESS.
be and the same is hereby rezoned from Single and Two-Family Dwelling District (R-2) to
Planned Unit Development (PUD) as part of the master plan for 184 apartments, imagine charter
school and athletic fields. A location map is attached hereto as Exhibit “A” and made a part of
this Ordinance by reference.
Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
accordingly.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of
this Ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
th
FIRST READING this 19 day of August, 2014.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014.
269 of 398
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
270 of 398
271 of 398
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-017
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Hanna Matras, Senior Planner
DATE: July 14, 2014
PROJECT: High Ridge Landing PUD
REZN 14-002
REQUEST: Approve High Ridge Landing PUD rezoning (REZN 14-002) from a
PUD (Planned Unit Development) with the Master Plan for 110
single-family homes, and from R-2 (Single and Two-Family
Residential District) developed with a school (Imagine Charter
School), to a PUD with a Master Plan for 184 apartments, the
Imagine Charter School and athletic fields.
________________
PROJECT DESCRIPTION
Property Owner: High Ridge Housing, LLC and WDDW Resources LLC
Applicant: Ron Roan/High Ridge Housing, LLC
Northwest corner of High Ridge Road and Miner Road (Exhibit “A”)
Location:
Existing Land Use/
Zoning: Medium Density Residential (MeDR)/ PUD (Planned Unit
Development) with a Master Plan for 110 single-family homes
and; R-2 (Single and Two-Family Residential District)
Proposed Land Use/
Zoning: Medium Density Residential (MeDR)/ PUD (Planned Unit
Development) with a Master Plan for 184 apartments, the school
and accessory athletic fields
Acreage: +/- 18.44 acres
Adjacent Uses:
272 of 398
North: Single family homes in unincorporated Palm Beach County, classified LR-2 Low
Density Residential (2 du/acre) and zoned RS Single Family Residential.
South: The right-of-way of Miner Road, then developed property (High Ridge Commerce
Center) classified Industrial (I) and zoned M-1 Industrial; to the southwest,
undeveloped property within unincorporated Palm Beach County classified
Industrial (IND) and zoned Single Family Residential (RS).
East: The right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge
Estates with single family homes and townhomes (townhomes built at 8.04
du/acre), classified Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the southeast, Cedar Ridge and High Ridge Commerce
Park, developed properties classified Industrial (I) and zoned Planned Industrial
Development (PID).
West: To the west, undeveloped property (High Ridge Country Club) designated Low
Density Residential (LDR) and zoned R1AA Single Family Residential.
BACKGROUND
The subject property was annexed into the City in May 2005 and approved for Medium Density
Residential (MeDR) land use, allowing a maximum density of 9.68 dwelling units per acre. As per the
concurrently approved master plan and the site plan approved in September 2005, the project included
48 single family homes and 126 townhomes. However, infrastructure issues delayed construction and,
faced with a deteriorating housing market, the developer requested a modification, which cut the number
December 2007, but by
of units by 64 and eliminated townhomes. The modification was approved in
then the “Great Recession” took hold and it became clear that the modified project remained
financially unfeasible.
In October 2008 the developer applied for a land use amendment and rezoning of the site to change the
land use and zoning from residential to industrial. The amendment underwent the state review but the
developer chose not to pursue the final adoption and the requests were effectively dropped. In 2009, he
sold a 4.22-acre parcel at the northern portion of the property, subsequently developed as Imagine
Charter School, and, in 2013, another 5.31 acre part of the property for a future school recreational area.
Please note that the development order for the modified master plan approved in 2007 remains valid as
per extensions granted by state law in 2012. However, given that the portions of the property sold for the
school site were a part of the subject master plan, any development plans would require either master
plan modification or a new master plan. In this case, the owner of property occupied by Imagine Charter
School (currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) jointly
request rezoning of the entire property to PUD with a new master plan which would include a residential
component and the existing school with the soon-to-be developed athletic field.
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and rezonings are listed
in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section
2.D.3. 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
(FLUM) or a rezoning.
a. Demonstration of Need. A demonstration of need may be based upon changing
conditions that represent a demand for the proposed land use classification and
zoning district. Appropriate data and analysis that adequately substantiates the
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need for the proposed land use amendment and rezoning must be provided within
the application.
In terms of overall density, the new Master Plan represents relatively little change
from the first Master Plan approved for the property (184 units as compared to 174
units). The property’s current future land use classification is Medium Density
Residential, which allows for the requested number of units. The type of units—
rental apartments—reflects a strong market demand, fueled by victims of
foreclosures and others prevented from getting a mortgage by restrictive
underwriting criteria, as well as rising home prices and stagnant wages. Moreover,
given the proximity of the school, many alternative uses for the property (particularly
the previously proposed industral use) would create compatibility issues.
b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would be consistent with the purpose and intent of, and promote, the
applicable Comprehensive Plan policies, Redevelopment Plans, and Land
Development Regulations.
The proposed rezoning with a new Master Plan is consistent with all applicable policies
of the Comprehensive Plan and Land Development Regulations (see also response to
{a}). In particular, the Comprehensive Plan explicitely supports proximity of schools to
residential areas (Policy 10 B.1.5).
c. Land Use Pattern. Whether the proposed Future Land Use Map amendment
(FLUM) and rezoning would be contrary to the established land use pattern, or
would create an isolated zoning district or an isolated land use classification
unrelated to adjacent and nearby classifications, or would constitute a grant of
special privilege to an individual property owner as contrasted with the protection of
the public welfare. This factor is not intended to exclude FLUM reclassifications and
rezonings that would result in more desirable and sustainable growth for the
community.
The proposed rezoning will not be contrary to the established land use pattern, will not create
an isolated district, nor will it constitute a grant of special privilege to the owner. The property
is already classified Medium Density Residential, which allows density of 10 dwelling units per
acre. (See also response to “a”.) Moreover, the property is surrounded by diverse land uses,
including industrial uses.
d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would support the integration of a mix of land uses consistent with the
Smart Growth or sustainability initiatives, with an emphasis on 1) complementary
land uses; 2) access to alternative modes of transportation; and 3) interconnectivity
within the project and between adjacent properties.
The subject rezoning would support the integration of the two complementary uses, residential
apartments and a school with its athletic field area. Pedestrian access gate will provide
interconnectivity between the residential part of the project and the athletic field area, while
interconnectivity with adjacent properties will be maintained through sidewalks along High Ridge
Road and Minor Road.
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In addition to proximity of the school, and industrial and commercial uses as employment
centers, the project is located within ½ mile from the regional transit network of Tri-Rail, giving
future residents convenient access to the three-county labor market.
e. Availability of Public Services / Infrastructure. All requests for Future Land Use
Map amendments shall be reviewed for long-term capacity availability at the
maximum intensity permitted under the requested land use classification.
This request is for rezoning only. Long-term capacity availability for potable water, sewer and
solid waste was reviewed as a part of annexation of the property in 2005. The Palm Beach
County Solid Waste Authority determined that sufficient disposal capacity will be available at the
existing landfill through approximately the year 2046.
Traffic and school concurrency will be reviewed as part of the site plan.
Drainage will be reviewed in detail as part of the site plan, land development, and building
permit review processes.
f. Compatibility. The application shall consider the following factors to determine
compatibility:
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby
properties, or would negatively affect the property values of adjacent and nearby
properties; and
(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
is of a scale which is reasonably related to the needs of the neighborhood and the
City as a whole.
(1) The proposed rezoning is compatible with the current and future use of adjacent
and nearby properties: there is a considerable diversity of land uses in proximity
of the subject property, from residential uses of various types and densities to
institutional and industrial uses. For example, Cedar Ridge Estates, east of the
property, are developed with both townhomes and single family homes; the
townhome section of the Estates has the density of 8.09 du/acre (as compared
with the 10 du/acre for the proposed project).
Staff foresees no negative impact on property values.
(2) The rezoning, increasing the housing choices, is related to the needs of both.
(See also a response to {a}).
g. Direct Economic Development Benefits. For rezoning/FLUM amendments
involving rezoning to a planned zoning district, the review shall consider the
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economic benefits of the proposed amendment, specifically, whether the proposal
would:
(1) Further implementation of the Economic Development (ED) Program;
(2) Contribute to the enhancement and diversification of the City’s tax base;
(3) Respond to the current market demand or community needs or provide services
or retail choices not locally available;
(4) Create new employment opportunities for the residents, with pay at or above the
county average hourly wage;
(5) Represent innovative methods/technologies, especially those promoting
sustainability;
(6) Be complementary to existing uses, thus fostering synergy effects; and
(7) Alleviate blight/economic obsolescence of the subject area.
As already noted in this report, the proposed rezoning does not involve a change in
a land use classification of subject property, nor does it represent a significant
change in density from the first Master Plan approved on the property. The project
certainly complies with criteria #2, #3 (see response to “a”), and also #6, the latter
through complementarity between the school and the residential component of the
PUD.
h. Commercial and Industrial Land Supply. The review shall consider whether the
proposed rezoning/FLUM amendment would reduce the amount of land available for
commercial/industrial development. If such determination is made, the approval can
be recommended under the following conditions:
(1) The size, shape, and/or location of the property makes it unsuitable for
commercial/industrial development; or
(2) The proposed rezoning/FLUM amendment provides substantiated evidence of
satisfying at least four of the Direct Economic Development Benefits listed in
subparagraph “g” above; and
(3) The proposed rezoning/FLUM amendment would result in comparable or higher
employment numbers, building size and valuation than the potential of existing land
use designation and/or rezoning.
The proposed rezoning does not change the type of land use allowed on the
property.
i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the
proposed use in zoning districts where such use is already allowed.
N/A. The use is already allowed.
j. Master Plan and Site Plan Compliance with Land Development Regulations.
When master plan and site plan review are required pursuant to Section 2.D.1.e
above, both shall comply with the requirements of the respective zoning district
regulations of Chapter 3, Article III and the site development standards of Chapter 4.
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The concurrent master plan and site plan shall comply with said requirements.
RECOMMENDATION
As indicated herein, staff has reviewed the proposed land use amendment and rezoning
and determined that it is consistent with the Comprehensive Plan objectives and
contributes to economic development. Therefore, staff recommends that the subject
request be approved.
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\REZN 14-002\Staff Report High Ridge NUC PUD.doc
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9. B
PUBLIC HEARING
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a Major Site Plan Modification (MSPM 14-
EQUESTED CTION BY ITY OMMISSION
002) to allow construction of 184 multi-family rental units (High Ridge Landing) consisting of eight
(8) two- and three-story apartment buildings, amenity area, and related site improvements at the
northwest corner of High Ridge Road and Miner Road, on 8.44 acres within a PUD (Planned
Unit Development) zoning district. Applicant: Ron Roan of High Ridge Housing, LLC. (TABLED
TO 10/7/14)
ER:
The applicant is requesting a major site plan modification for
XPLANATION OF EQUEST
High Ridge Landing PUD to modify the approved Master Plan and Site Plan by revising
the total number of units (184 is the maximum allowed at 10 dwelling units per acre),
changing the type of housing proposed, and revising related site improvements. The
owner of property occupied by Imagine Charter School (currently zoned R-2) and the
new owner of the remaining parcel (currently zoned PUD) are jointly requesting a
concurrent rezoning of the entire 18.44 acres to PUD with a new master plan that would
integrate the proposed residential component with the existing school and soon-to-be
developed athletic field (see REZN 14-002).
According to the site plan, a total of 325 parking spaces are provided, which is a
deficiency of 55 spaces and an equivalent of 1.7 parking spaces per unit. The applicant
has noted that 1.7 parking spaces per unit is an accepted industry standard that has
been utilized in other “New Urban” style developments that offer a range of on-site
amenities, and are located in close proximity to off-site amenities and uses that will
serve the neighborhood. Staff has researched this and is proposing a code revision to
the parking regulations (CDRV 14-002) concurrent with this request that will facilitate a
reduction in required parking spaces while promoting and recognizing developments
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that propose sustainable design or operation. Based on the proposed code revision
(CDRV 14-002), parking ratios of 1.33 spaces per each one (1)-bedroom apartment
(reduction of .17/unit) and 1.66 spaces per each two (2) or more bedroom apartment (a
reduction of .34/unit), the 325 parking spaces proposed would comply with the minimum
off-street parking requirements.
The Planning & Development Board at their July 22, 2014 meeting voted to deny the
major site plan modification request.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The project would generate approximately $160,000 of annual
ISCAL MPACT
revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for
water, sewer, and stormwater is $58,800. The necessary services can be provided
within the existing capacity of the respective city departments: no additional capital
outlays or increased staffing would be required.
The park impact fee will be $109,480.
A:
None recommended
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-025
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Kathleen Zeitler
Planner II
DATE: July 15, 2014
PROJECT NAME/NO: High Ridge Landing PUD / MSPM 14-002
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner:
High Ridge Housing, LLC
Applicant:
Ron Roan, Vice-President of High Ridge Housing, LLC
Agent:
Brian Cheguis, Principal Planner with Cotleur & Hearing, Inc.
Location:
Northwest corner of High Ridge Rd and Miner Rd (see Exhibit “A”
– Location Map)
Existing Land Use:
Medium Density Residential (MeDR)
Existing Zoning:
PUD, Planned Unit Development (with a Master Plan for 110
single-family homes)
Proposed Land Use:
No change proposed
Proposed Zoning:
PUD, Planned Unit Development (with a new Master Plan for 184
multi-family apartments, Imagine Charter School and athletic
fields) (see REZN 14-002)
Proposed Use:
Request major site plan modification to construct 184 multi-family
apartments
Acreage:
8.33 acres (362,855 square feet) for proposed residential area
Adjacent Uses:
North:
Proposed Imagine Charter School sports field on 5.31
acres on property classified MeDR (Medium Density Residential)
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future land use and zoned PUD; and farther north, Imagine Charter
school on 4.22 acres on property classified MeDR future land use,
and currently zoned R-2 with proposed rezoning to PUD (see
REZN 14-002); and single-family homes in unincorporated Palm
Beach County, designated PBC LR-2 (Low Density Residential)
and zoned PBC RS (Single-Family Residential);
South:
Right-of-way of Miner Road, then developed property (High Ridge
Commerce Center II flex-space warehouse) classified I (Industrial) future
land use, and zoned M-1 (Light Industrial); farther south a townhome
development (Canterbury) with a density of approximately 9.9 du/acre,
classified I (IndustriaI) future land use and zoned PID (Planned Industrial
Development); and to the southwest, undeveloped property within
unincorporated Palm Beach County classified PBC IND (Industrial) future
land use and zoned PBC RS (Single-Family Residential).
East:
Right-of-way of High Ridge Road, then developed industrial property
(High Ridge Commerce Center) classified I (Industrial) future land use,
and zoned PID (Planned Industrial Development), and to the northeast,
Cedar Ridge Estates PUD with single family homes and townhomes
(townhomes built at 8.04 du/acre), classified LDR (Low Density
Residential) and zoned PUD (Planned Unit Development); and,
West:
Undeveloped property (High Ridge Country Club) designated LDR (Low
Density Residential) and zoned R1AA (Single Family Residential), and
farther west, High Ridge Country Club golf course and clubhouse
classified REC (Recreation) future land use, and zoned REC
(Recreation).
BACKGROUND
Agent Brian Cheguis with Cotleur & Hearing Inc., on behalf of applicant Ron Roan, Vice-
President of High Ridge Housing LLC, is requesting a major site plan modification for High
Ridge Landing PUD to modify the approved Master Plan and Site Plan by revising the total
number of units, changing the type of housing proposed, and revising related site improvements
(see Exhibit “B” – Site Plan). The owner of property occupied by Imagine Charter School
(currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) are
jointly requesting a concurrent rezoning of the entire 18.44 acres to PUD with a new master plan
that would integrate the proposed residential component with the existing school and soon-to-be
developed athletic field (see REZN 14-002). Pedestrian walking paths with gate access and a
shared driveway access from Miner Road will provide interconnectivity between the residential
part of the PUD and the school and athletic field, while interconnectivity with adjacent properties
will be maintained through sidewalks along High Ridge Road and Miner Road.
The maximum density allowed by the MeDR (Medium Density Residential) land use
classification is 10 dwelling units per acre (at time of previous site plan approval MeDR was
9.68 du/ac), which would provide the developer a maximum of 184 units. The previous approval
in 2007 (MSPM 07-010) for High Ridge PUD was for 110 single-family detached units on 18.44
5.96 dwelling units per acre (du/ac), a net reduction of 64 units from the
acres at a density of
previously approved 2005 site plan. The original site plan in 2005 (NWSP 05-016) was
approved for
48 single-family detached units and 126 fee-simple townhouse units at a density of
9.43 du/ac. Due to the modified design from single-family lots and interior streets, a revised plat
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is required to be submitted to the Engineering Division for their review and approval prior to the
issuance of a building permit for the project (see Exhibit “C” – Conditions of Approval).
To date, the High Ridge PUD project has been approved for the following: an annexation
(ANEX 05-001); a future land use map amendment (LUAR 05-002) from PBC MDR (Medium
Density Residential) with a density of 5 dwelling units per acre, and PBC LR-2 (Low Density
Residential) with a density of 2 dwelling units per acre to the City’s MeDR (Medium Density
Residential) classification with a density of 9.68 dwelling units per acre; a rezoning (LUAR 05-
002) from PBC RS (Single-Family Residential) to PUD (Planned Unit Development); a new site
plan (NWSP 05-016); a minor site plan modification (MMSP 06-051); and a site plan time
extension (SPTE 06-013), which extended site plan approval to September 20, 2007; a major
site plan modification (MSPM 07-010) and a site plan time extension granted by state law in
2012.
ANALYSIS
Concurrency:
Traffic:
A traffic impact analysis for the proposed project prepared by Kimley-Horn
and Associates, Inc. was sent to the Palm Beach County Traffic Division
for concurrency review in order to ensure an adequate level of service.
Based on the traffic impact analysis, all significantly impacted links (using
Level of Service D and E service volumes) would operate acceptably
through build-out of the project in 2019. A traffic concurrency approval
letter was received from Palm Beach County indicating that 94 AM peak
hour trips and 114 PM peak hour trips would be generated as a result of
this project, and that no permits are to be issued after the build-out date of
2019.
In 2007, land was dedicated from the previous owner of the subject
property to Palm Beach County for future High Ridge Road right-of-way.
Per the submitted traffic impact analysis, a review was conducted of the
Five Year Plans of Palm Beach County and FDOT, as well as those
improvements committed to by the developers of projects in the area.
Based on the review, no roadway improvements are projected to be within
the project’s impact radius. Also the projected turning movement volumes
for the project did not exceed the specified volume thresholds, therefore
no additional turn lanes were recommended.
SchoolThe School District of Palm Beach County has reviewed the
:
application for a concurrency determination on the proposed project
of 184 apartment units and found it complies with the adopted Level
of Service (LOS) for Schools. Adequate capacity exists in area
public schools to accommodate the projected resident population.
Utilities: The City’s water capacity, as increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet
the projected potable water needs for this project. Sufficient sanitary sewer and
wastewater treatment capacity is also currently available to serve this project.
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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.
Police/Fire:
The Police Department has reviewed the site plan and all review comments have
been acknowledged by the applicant and will be addressed at the time of
permitting. Police staff has determined that current staffing levels would be
sufficient to meet the expected demand for services. The Fire Department
expects to be able to maintain an adequate level of service for the subject project
with current or expected infrastructure and/or staffing levels. Further plan review
by Police and Fire, including infrastructure requirements such as fire hydrants,
would be addressed during the permitting process.
Access:
The proposed development of rental apartments would be gated for privacy.
One (1) main point of ingress/egress via a driveway connection to High Ridge
Road is proposed (see Exhibit “B” – Site Plan). The access would be located
approximately 400 feet from the intersection of High Ridge Road and Miner Road
and align with Commerce Road located on the east side of High Ridge Road.
The site plan shows that there are two (2) lanes for ingress into the subject
property, and one (1) egress lane to exit, separated by a landscaped median 12
feet wide and approximately 115 feet long. All ingress and egress lanes are 12
feet wide. The left ingress lane includes a call box for visitors to gain entry
through the gates, and the right ingress lane serves as a bypass lane for
residents. A queuing area 105 feet in length is provided from the access at High
Ridge Road to the call box, allowing for the stacking of several vehicles on-site.
Past the median is a proposed 2-way drive aisle flanked on the north and south
by an access gate that would allow residents entry into the development. The 24
foot wide drive aisle would also serve as a vehicular turn-around area for drivers
that cannot enter through the security gates.
A secondary point of ingress/egress is from the existing full access drive on
Miner Road located approximately 450 feet from the intersection of Miner Road
and High Ridge Road. A two-way gated access point for resident access only is
located off the existing Miner Road driveway. All gates would have lock boxes
for Fire Department access. The driveway openings allow for sufficient ingress
and egress of emergency and service vehicles. The plans also show a 20-foot
wide emergency access point from High Ridge Road near the northeast corner of
the site. This stabilized sod access route would be gated and used for
emergency purposes only if the main entrance is obstructed.
Vehicular circulation within the development is provided through private drive
aisles. Each two (2)-way drive aisle would have 12.5 foot wide travel lanes,
which would conform to current engineering standards. Some residents would
access their garage space via these drive aisles, while other residents without a
garage space would access parking spaces near their residential building.
The sidewalks are proposed separately from the vehicular use areas, and
provide pedestrian connectivity throughout the site. Sidewalks ranging from four
(4) to seven (7) feet wide throughout the development and provide pedestrian
access to amenities such as the recreation building, pool, and poolside gazebo,
and lake.
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Parking:
Both garage and surface parking spaces are proposed for the development. The
current parking regulations require one and one-half (1.5) parking space per one
(1)-bedroom apartment. Two (2) and three (3)-bedroom apartments require two
(2) parking spaces per unit. The project proposes 48 one (1)-bedroom units, and
136 two (2)-bedroom and three (3)-bedroom units. The recreational amenity
area requires 0.15 per unit for guest parking plus one (1) space per 300 square
feet of area within the recreation building that is devoted to leasing and offices.
Based on the above current parking regulations, a minimum of 380 spaces are
required for the 184 proposed units and recreational amenity area (equivalent to
2.06 parking spaces per unit).
According to the site plan, a total of 325 parking spaces are provided, which is a
deficiency of 55 spaces and an equivalent of 1.7 parking spaces per unit. The
applicant has noted that 1.7 parking spaces per unit is an accepted industry
standard that has been utilized in other “New Urban” style developments that
offer a range of on-site amenities, and are located in close proximity to off-site
amenities and uses that will serve the neighborhood. Staff has researched this
and is proposing a code revision to the parking regulations (CDRV 14-002)
concurrent with this request that will facilitate a reduction in required parking
spaces while promoting and recognizing developments that propose sustainable
design or operation. Based on the proposed code revision parking ratios of 1.33
spaces per each one (1)-bedroom apartment (reduction of .17/unit) and 1.66
spaces per each two (2) or more bedroom apartment (a reduction of .34/unit), the
325 parking spaces proposed would comply with the minimum off-street parking
requirements, should the code revision (CDRV 14-002) be adopted as proposed.
The proposed development is located within close proximity to job centers,
institutional uses, public recreational natural lands, and public transportation
systems (within 0.5 mile of the Boynton Beach Tri-Rail station and Palm Tran bus
stop). The applicant is encouraging a range of sustainable initiatives as part of
the built and operational programming of the site by incentivizing the use of
alternative modes of transportation. Proposed is a sustainable living
environment that accommodates bikes, low-powered mopeds and scooters,
motorcycles, compact vehicles, and electric vehicles, and provides integrated
pedestrian facilities within the community. Operational rules shall be proposed
regarding the maximum number of vehicles per unit, especially lesser used
vehicles such as recreational, work, or utility vehicles and equipment. Incentives
shall be proposed for single vehicle households or those regularly using or
dependent on public transportation, while one (1)-bedroom units with more than
one (1) car, and two (2)-bedroom units with more than two (2) cars may pay
more rent each month.
All proposed parking stalls, including the size and location of the handicap space,
were reviewed and approved by both the Engineering Division and Building
Division. In addition, all necessary traffic control signage and pavement
markings will be provided to clearly delineate areas on site and direction of
circulation.
Landscape:
Site plan tabular data indicates the pervious area (open space, buffer, recreation
area, and lake) would total 29% of the entire site. A total of 1.74 acres of the
subject property would be landscaped open space and buffers. This pervious
surface would account for 21% of the total site. The landscape plan provides a
complimentary mix of canopy trees and palms exceeding the City’s minimum
landscape requirements, and proposes buffers around the perimeter of the entire
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development; landscape islands throughout the off-street parking areas; and
foundation plantings around all building elevations.
Proposed plant material is limited by the landscape code to native and drought
tolerant species with low to medium water needs (waterwise Florida-friendly
plants). Tree species would include the following:Black Olive, Gumbo Limbo,
Sweet Mahogany, Brazilian Beautyleaf, Cassia, Royal Poinciana, Slash Pine,
Live Oak, Silver Buttonwood, and East Palatka Holly. Palm species would
include the Green Malayan Coconut, European Fan, Sabal, Montgomery,
Alexander, Christmas, Pygmy Date, Royal, and Bismarck palms.
The landscape plans indicate compliance with the required minimum buffers
around the perimeter of the site. Landscape buffers along the rights-of-way of
High Ridge Road and Miner Road would be 15 feet wide and contain alternating
Live Oak and East Palatka Holly canopy trees planted every 30 feet and a
continuous hedge three (3) feet in height of Red-tip Cocoplum. A decorative five
(5) foot high aluminum rail fence with brick columns would be located on the
outside edge of the Cocoplum hedge and have clustered Viburnum shrubs
around each brick column. Outside the fence would be a continuous hedge of
variegated Pittosporum two (2) feet in height and Green Island Ficus
groundcover to the property lines. Similar landscaping is proposed along the
east side of the Miner Road access drive. The landscape buffer along the west
property line is existing and is located adjacent to a buffer for High Ridge Country
Club.
A total of eight (8) Florida Royal palm trees 22 feet in height are proposed along
main entrance leading to the recreational amenity area. Bismarck Palms are
proposed within the main entrance median. The pool and cabana area would be
heavily landscaped with a variety of plant material. Lake planting will include
upland transitional plants such as Bald Cypress and Dahoon Holly. Littoral
plantings within the lake would include Canna Lily, Spike Rush, Pickerel Weed,
Duck Potato, and Water Lily.
The code limits the use of sod to larger open spaces for passive or active
recreation purposes, as well as swales, water detention and retention areas, in
an effort to reduce water consumption. The applicant has reduced the amount of
sodded areas from the original submittal, limiting placement to the rear yard play
area. If the areas labeled Active Rec/Sod Areas to the rear of Buildings 1, 2, 4,
and 6 remain sodded, staff proposes a condition of approval that the plans be
revised to indicate relocation of landscaping to provide pedestrian accessibility to
these areas for all residents of the development for recreational purposes, and
include continuous walking paths and signage as dog walk areas (see Exhibit “C”
– Conditions of Approval).
Burford Holly at four (4) feet in height is proposed to screen the trash compactor.
All above-ground mechanical equipment such as exterior utility boxes, meters,
transformers, and back-flow preventers would be visually screened with three
(3)-foot high Viburnum hedges. Each building would have landscape material
proposed along all four (4) building sides. Select trees would be installed at half
the building height.
Buildings:
The 184 units are proposed within 8 separate three (3)-story buildings consisting
of Type 1, Type II, and Type III buildings. The site plan indicates the 184
proposed units would include the following mix: 48 one (1)-bedroom, one (1)-
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bath units; 112 two-(2) bedroom, two (2)-bath units; and 24 three (3)-bedroom,
two (2)-bath units.
Each Type I building would contain a total of 20 two (2) bedrooms units. The
Type I building is arranged with eight (8) units on the first and second floor and
four (4) units on the third floor. Each unit would be a total of 1000 square feet.
The Type 1 buildings proposed are Building #4 and Building #6 located adjacent
to High Ridge Road.
Each Type II building would contain a total of 24 units consisting of 12 units that
are two (2)-bedroom, and 12 units that are three (3)-bedroom. The Type II
building is arranged with a mix of four (4) two (2)-bedroom units and four (4)
three (3)-bedroom units on each of the three (3) floors. Each two (2)-bedroom
unit would be a total of 1000 square feet, and each three (3)-bedroom unit would
be 1,200 square feet. The Type II buildings proposed are Building #1 located
near the intersection of High Ridge Road and Miner Road, and Building #5
located south of the lake.
Each Type III building would contain a total of 24 units consisting of 12 units that
are one (1)-bedroom, and 12 units that are two (2)-bedroom.The Type III
building is arranged with a mix of four (4) one (1)-bedroom units and four (4) two
(2)-bedroom units on each of the three (3) floors. Each one (1)-bedroom unit
would be a total of 800 square, and each two (2)-bedroom unit would be 1,000
square feet. The Type III buildings proposed are Buildings #2 and #3 located
near the Miner Road access drive, and Buildings #7, and #8 located near the
lake.
Height:
The maximum building height allowed in the PUD zoning district is 45 feet, not to
exceed four (4) stories. All of the residential buildings will comply with the
maximum height requirement for the PUD zoning district. Each of the proposed
buildings is three (3) stories with a total mean building height of 34 feet nine-
inches (34’-9”), measured at the mid-point of the highest pitched roof.
Setbacks:
The minimum required perimeter building setbacks of a PUD are flexible,
however, the required perimeter building setbacks of the PUD must resemble the
setbacks of the adjacent development where a PUD is adjacent to single-family
residential zoning. The largest setback required within single-family residential
zoning districts is 25 feet. All proposed buildings would have a minimum
setback of 25 feet from perimeter property lines in compliance with PUD setback
requirements.
Amenities: Residents and their guests will have access to recreational amenities through
landscaped pedestrian walkways throughout the development. The proposed
amenity area is centrally located and includes a one (1)-story recreation building
of 4,000 square feet with the same architectural elements as the residential
buildings. The recreation building will offer a large clubroom for meetings and
social events, a large fitness room, an internet café, a kid’s playroom, restrooms,
covered front and rear porches, and a mail kiosk. A portion of the recreation
building will also house the apartment leasing, management, and maintenance
offices, including golf cart storage. A swimming pool (approximately 800 square
feet), spa, and poolside gazebo are proposed to the rear of the recreation
building. Pedestrian amenities throughout the development would include
benches, covered bike racks, and trash receptacles.
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Design:
The proposed buildings have a Florida Vernacular architectural style that
includes a textured stucco finish, shaped horizontal banding to break up the
mass of the facades, and flat clay tile roofs. Horizontal and vertical articulation is
maximized by varying roof lines and building off-sets. Decorative features will
include mullioned windows, Bahama shutters, coach lights, balconies with
decorative aluminum railings, cast stone pilasters, French doors, and screened
patios. A pastel color palette includes a separate building color for each building
type. The design, as proposed, would provide for a sense of separation between
units and lessen the perceived density typical of multi-family developments.
The photometric plan (sheet A5.01 PH) proposes 40 freestanding
Lighting:
pole light fixtures throughout the development. The plan
demonstrates that lighting levels would be adequate and not “spill”
over onto adjacent properties. Per the photometric plan, all
proposed lights will be shielded to direct light down and away from
adjacent properties and rights-of-way as required.
Signage:
The site plan depicts a two-sided monument entry sign proposed 10 feet from the
east property line within the development’s driveway median. The proposed sign
will identify the name of the development and include the property address. The
sign itself is limited to five (5) feet in height and the maximum sign face allowed is
16 square feet, and shall be externally illuminated. Typically, sign details are
provided as part of the site plan review and approval, however no sign details
were included on the plans. Staff recommends as a condition of approval that
the plans be revised at time of permitting to include all proposed signage. The
architecture, building materials, finish, and colors are required to be incorporated
into the signage to match the buildings.
Public Art:
The proposed project is subject to the Art in Public Places Ordinance which
requires the developer to either place public art on site or pay the art fee in lieu of
on-site art. The developer of this project has indicated that payment will be made
at time of permitting into the Public Art fund, rather than placing public art on site.
RECOMMENDATION:
The Development Application Review Team (DART) has reviewed this request for major
site plan modification and recommends approval contingent upon approval of the
concurrent request for rezoning (REZN 14-002) ) including a new master plan, and the
concurrent code revisions for parking (CDRV 14-002), and upon satisfying all comments
indicated in Exhibit “C” – Conditions of Approval. Any additional conditions
recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
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EXHIBIT “C” – CONDITIONS OF APPROVAL
Project Name: High Ridge Landing
File number: MSPM 14-002
nd
Reference: 2review plans identified as a Major Site Plan Modification with a June 10,
2014 Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. At time of permitting, submit an irrigation plan for review and
approval. Landscaping must meet the Engineering Design Manual
Standards P-13 and K-8 for sight triangle and there shall be
unobstructed cross visibility at a level between 2.5 feet and 8 feet √
above the pavement. (2010 LDR, Chapter 4, Article II, Section
4.A.12.f.)
FIRE
Comments: None (All previous comments have been addressed).
POLICE
Comments: None (All previous comments have been addressed).
BUILDING DIVISION
Comments:
2. Note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure √
that additional comments may not be generated by the commission
and at permit review.
3. At time of permit review, submit signed and sealed working drawings
of the proposed construction. √
4. Buildings, structures and parts thereof shall be designed to withstand
the minimum wind loads of 170 mph. Wind forces on every building
or structure shall be determined by the provisions of ASCE 7 and the √
provisions of 2010 FBC, Section 1609 (Wind Loads).
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DEPARTMENTS
INCLUDE REJECT
5. At the time of permit review, submit details of reinforcement of walls
for the future installation of grab bars as required by the FFHA, Title
24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms √
within the covered dwelling unit shall comply.
6. Identify within the site data the finish floor elevation (lowest floor
elevation) that is proposed for the building. Verify that the proposed
elevation is in compliance with regulations of the 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.
c. Identify the floor elevation that the design professional has
established for the building within the footprint of the building
that is shown on the drawings titled site plan, floor plan and
paving/drainage (civil plans).
7. A water-use permit from SFWMD is required for an irrigation
system that 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.
8. Pursuant to approval by the City Commission and all other
outside agencies, 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.
9. All areas of the recreation/leasing center shall comply with the
Federal Fair Housing Act.
√
10. The east wall of building #2 and the west wall of building #1
shall be of fire rated construction. The required fire rating shall
be based on the type of construction as classified in Section √
602 of the 2010 Florida Building Code, Building Volume, and
Table 602.
DEPARTMENTS
INCLUDE REJECT
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11. The full address of the project shall be submitted with the
construction documents at the time of permit application
submittal. The addressing plan shall be approved by the United
States Post Office, the City of Boynton Beach Fire Department,
the City’s GIS Division, and the Palm Beach County Emergency
√
911.
a. Palm Beach County Planning, Zoning & Building Division,
2300 N. Jog Road, West Palm Beach, Florida 33411-
2741(Sean McDonald – 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard
– 561-734-0872)
PARKS & RECREATION
Comments:
12. The impact fee per dwelling for a multi-family (dwellings in buildings
containing 5 or more units) project is $595 per unit. Therefore, the √
impact fee for this project is $109,480 (184 x $595).
PLANNING & ZONING
Comments:
Approval of this project is contingent upon the approval of the
13.
√
accompanying request for rezoning (REZN 14-002).
√
A re-plat of the subject property shall be required prior to
14.
permitting.
The parking deficiency on plans shall require the addition of
15.
√
spaces to address deficiency, a code revision, or a variance to
the current regulations concurrent with or prior to site plan
approval.
16. At time of permitting, revise the Master Plan to label the
drainage area “Shared Retention Pond”.
√
17. The location of the proposed monument sign in the entrance median
is subject to Engineering review (for safe sight distance) and √
approval.
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DEPARTMENTS
INCLUDE REJECT
18. At time of permitting, correct the Master Plan site data to (1)
indicate acreage and square footage breakdown for each land
use in the PUD; (2) correct existing and proposed land use to
Medium Density Residential (MeDR) and maximum density to
√
10; (3) correct proposed building height; and (4) correct Lot
Coverage Calculations to include “square feet” after numbers
and percentage of total as an additional column; and (5) correct
spelling of Building Lot Coverage under Impervious.
19. At time of permitting, revise rear garage elevation (sheet
A2.01G) to include architectural enhancements that do not
replicate garage doors in compliance with the design standards
√
of the Land Development Regulations and for contribution to
project appearance visible from streets and access road.
20. At time of permitting, revise landscape plans to replace sod with
groundcovers or other plants except where used for play areas
or otherwise where residents have access for recreational
purposes. If the areas labeled Active Rec/Sod Areas to the rear
of Buildings 1, 2, 4, and 6 remain sodded, the plans shall be
√
revised to indicate relocation of landscaping to provide
pedestrian accessibility to these areas for all residents of the
development for recreational purposes, and include continuous
walking paths and signage as dog walk areas.
Indicate all existing and proposed utility lines and easements,
21.
√
their purposes and widths, on all plans.
22. The applicant shall coordinate with the property owner of the
adjacent sports field to ensure that their respective site plans indicate
the correct location of the pedestrian gate proposed near Building #8, √
leading to the sports field.
At time of permitting, revise plans to include a detail of
23.
√
perimeter fence with brick columns and gates (man gates,
sliding gates, etc). Indicate height, type, materials, and colors
on each detail.
24. At time of permitting, revise all plans to match the revised parking
layout showing spaces for motorcycles, compact cars, and spaces √
for charging of electric vehicles, dispersed throughout the
development.
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DEPARTMENTS
INCLUDE REJECT
25. At time of permitting, revise site plan to provide the minimum number
of required pedestrian amenities. All bike racks shall be covered,
and to the maximum extent feasible, trash receptacles shall include √
ashtrays and be located near other pedestrian amenities.
26. At time of permitting, revise photometrics plan to include an elevation
drawing of a typical freestanding outdoor lighting pole (indicating
height from grade to top). The typical drawing of the freestanding √
outdoor lighting poles must include the color and materials.
27. At time of permitting, revise photometrics plan to include the following
notes: The design, style, and illumination level shall be compatible
with the building design (height) and shall consider safety, function,
and aesthetic value. A minimum average light level of one (1) foot
candle shall be provided, with no more than 10% of the spot readings √
below one (1) foot candle and none below ½ foot candle. Lighting
shall not be of an intensity that produces glare on adjacent property.
Feature lighting emphasizing plants, trees, barriers, entrances, and
exits is encouraged.
28. At time of permitting, revise plans to ensure that the locations of all
freestanding light poles are consistent on each sheet and that they √
are not too close to landscaping when it becomes mature.
29. At time of permitting, revise site plan and landscape plan to
dimension width of perimeter buffers. √
30. At time of permitting, revise Landscape Details sheet so that plant list
and landscape notes are on right side of page (not legible due to √
stapled set).
31. At time of permitting, revise landscape plan to include the amount of
pervious and impervious area (in square feet and percent of site). √
32. At time of permitting, revise landscape plan plant list to include sod if
sod is proposed. Staff recommends further elimination of any small
sod areas to reduce irrigation demand, substituting hardy √
groundcovers and shrubs in place of sod.
33. At time of permitting, revise landscape plan to note proposed method
of irrigation. An irrigation plan is required to be submitted and √
approved prior to the issuance of a permit for this project.
DEPARTMENTS
INCLUDE REJECT
34. At time of permitting, revise plans to include materials and color of
lettering proposed on monument sign, as well as uplighting detail. √
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35. At time of permitting, revise landscape drawings to show the
calculations to demonstrate compliance with the landscape
requirements for the following specified areas: perimeter of site;
building foundations; vehicular use areas/parking lots (25 sf of √
landscape island area per parking space) and required landscape
island size (225 sf and no dimension less than 15’).
36. At time of permitting, revise landscape plan to provide total trees,
palms, shrubs, groundcovers required and provided. √
37. At time of permitting, revise landscape plan (sheet 1) to correct
corner conflict between sidewalk and landscaping at Miner Road √
pedestrian entrance.
38. At time of permitting, revise plans to indicate all parking spaces
designed for motorcycles, scooters, mopeds, etc. as covered parking √
spaces.
39. At time of permitting, revise plans to indicate a decorative paver
pedestrian crosswalk in front of the trash compactor to provide √
continuous pedestrian connectivity to sidewalks.
40. At time of permitting, revise plans to comply with all the requirements
of Chapter 4, Article V, Section 3.G., Parking Reductions for √
Sustainability (concurrent CDRV 14-002), as adopted.
COMMUNITY REDEVELOPMENT AGENCY
Comments: N/A (Property is not located in the CRA area).
PLANNING & DEVELOPMENT BOARD COMMENTS
Comments: No additional conditions.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\MSPM 14-002\Exhibit C - Conditions of Approval.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: High Ridge Landing (MSPM 14-002)
APPLICANT: Ron Roan, High Ridge Housing, LLC
APPLICANT’S ADDRESS: 5604 PGA Blvd., Suite 109, Palm Beach Gardens, FL 33418
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2014
APPROVAL SOUGHT: Major site plan modification to construct 184 multi-family
apartments and related site improvements on 8.33 acres
zoned PUD.
LOCATION OF PROPERTY: NW corner of High Ridge Rd and Miner Rd
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
Application for the approval sought was made by the Applicant in a manner
1.
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 approval 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 request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ 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
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13. A
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October 7, 2014
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-020 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve amendment to the Land Development
Regulations, Chapter 4, Article 5, Sections 3, 4 and 5 inserting Flexible Parking Provisions
Promoting Smart Growth (CDRV 14-002) through the addition of reduced parking ratios and
eligibility criteria for projects justifying lower parking needs and accommodating, in part, fuel
efficient vehicles, EV charging stations, incentives for use of mass transit and ride sharing.
Applicant: City-initiated. (TABLED -- TO BE HEARD ON 10/7/14)
ER:
The proposed amendments represents one component in a
XPLANATION OF EQUEST
series of changes to the City’s parking requirements intended to directly support Smart
Growth initiatives. The staff report elaborates on the background of Smart Growth and
it’s connection to parking requirements and development review; however, to
summarize, the subject amendments are based on the premise that parking
requirements should be tailored based on the specific needs of a given development,
which may vary by factors other than a general zoning use category. In addition, it
represents a change from traditional thinking that parking standards should be based on
maximum possible peak demand. The intended purpose is to minimize impervious site
surfaces, maximize green/pervious areas, and incentivize sustainable or smart growth
operations.
More specifically, the proposed amendments allow certain uses to justify a reduced
parking ratio by independent professional parking analysis, and in turn, ensure a more
efficiently designed site that accommodates electric and compact vehicles, and other
energy efficient modes of transportation such as bicycles, motorcycles and scooters. It
also requires promotion of car-pooling and use of mass transit.
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A second aspect of the proposed regulations is the amendment to provisions that
currently allow the minimum number of required off-street parking spaces for a given
project to be satisfied, in part, by including those on-street spaces that immediately abut
the frontage of the project. The only areas of the City that are currently eligible for this
provision include the CBD, the Mixed Use High Zoning Districts, and properties within
the Ocean District Community Redevelopment Plan. Staff proposes that the provisions
be expanded to be applicable throughout the Community Redevelopment Area.
Lastly, the Planning & Development Board forwards the item with a recommendation for
approval, but also recommends that the calculation of required handicap accessible
spaces remain unaffected by the proposed parking reduction provisions. This
recommendation has been accommodated by wording added to the first paragraph
under “Section 3. Special Reductions in Required Off-Street Parking” (see Exhibit “A”),
that requires the calculation of accessible parking spaces be pursuant to the base
parking requirements and not the reduced parking provisions. Staff supports this
recommendation given that the justification for reducing total parking space
requirements – smart growth design and operation, would not necessarily reduce the
anticipated need for accessible parking spaces for a given project. A cross-reference to
this requirement is also proposed to Section 5. B. Handicap Accessible Off-Street
Parking.
H?
The proposed amendments
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
promote smart growth design and operation which furthers the City’s Climate Action
Plan and other green initiatives.
FI:
N/A
ISCAL MPACT
A:
None recommended
LTERNATIVES
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ORDINANCE 14-020
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING PART III, LAND
DEVELOPMENT REGULATIONS, CHAPTER 4, ARTICLE V, “MINIMUM
OFF-STREET PARKING REQUIREMENTS”, SECTION 3, 4 AND 5,
INSERTING FLEXIBLE PARKING PROVISIONS PROMOTING SMART
GROWTH; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION;
AND EFFECTIVE DATE.
WHEREAS,
the purpose of this amendment is to insert Flexible Parking Provisions
Promoting Smart Growth into the Land Development Regulations through the addition of
reduced parking ratios and eligibility criteria for projects justifying lower parking needs and
accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass
transit and ride sharing; and
WHEREAS,
staff recommends the adoption of the amendments to the Land
Development Regulations Chapter 4, Article V, Sections 3, 4 and 5, inserting flexible parking
provisions promoting smart growth design and operation which furthers the City’s Climate
Action Plan and other green initiatives.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. That Part III, "Land Development Regulations", of the City of Boynton
Beach Article II, Chapter 4, Article V, Minimum Off-Street Parking Requirements, Section 3, 4
and 5 are hereby amended as follows:
Chapter 4. Article V. Minimum Off-Street Parking Requirements
Section 3.Special Reductions in Required Off-Street Parking.
The following provisions to reduce the number of required off-street parking spaces shall be
utilized individually and not in conjunction with each other or with any other provision to reduce
parking within this article. NOTE: Calculation of needed handicap accessible off-street parking
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spaces shall be pursuant to the base parking requirements and not based on the reduced parking
requirements described by this section for which a project may be eligible (also see below the
section on Handicap accessible Off-Street Parking).
B. Handicap Accessible Off-Street Parking.
.
G. Parking reductions for sustainability.
To promote or recognize sustainable design or
operation, including increased pervious area, reduced parking fields, promotion of mass transit
and uses of renewable energy sources, lower parking requirements will be granted to eligible
developments as follows:
Use Minimum Number of Required Parking Spaces
Building area is based on gross floor area unless specifically expressed otherwise.
Efficiency or one (1)-bedroom apartment 1.33
Two (2) or more bedroom apartment 1.66
Shopping Center 1 per 250
Office – Retail Complex 1 per 250
Grocery Store 1 per 250
(Reserved) (Reserved)
1.Applicability. Eligible developments must be able to provide sustainable design and
operation, and, except where noted below, must be located within one-half (1/2) mile
from a regional transportation facility (e.g. Transit Area), or within 500 feet of a bus stop
with direct access to a regional transportation facility, measured from property line to
property line.
2.Application and Development Requirements. Requests for parking reduction must occur
at time of site plan review, and must include a parking demand study prepared by a
professional engineer and/or based on findings from an existing development or other
comparable projects experienced by the applicant that include, in part, projects designed
to meet lower parking requirements as allowed by this section. The study must provide
evidence that the project would not be deficient of parking, that the reduced ratios would
not adversely affect the project in any way, or increase the demand for parking spaces
upon public streets in the immediate vicinity, or would not increase the demand for
parking spaces on private properties in the immediate vicinity unless in conjunction with
an approval for shared parking pursuant to City regulations.
Eligible applicants must demonstrate that proposed parking design or resources would be
adequate, and shall satisfy the following requirements meeting sustainable design and
operation (where basic mathematical calculations are involved, rounding will be based on
the traditional mathematical rule):
a.Describe, in quantifiable terms, how the project provides an increase in green space
(pervious area) which otherwise would be paved for parking spaces.
b.Accommodate fuel efficient vehicles through provision of covered and well-
illuminated locations with apparatus for parking and locking of bikes and low-
powered mopeds and scooters, and designated spaces for motorcycles and compact
vehicles. Covered storage facilities shall be located on the project site in close
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proximity to the destination of the residents, employees, or visitors.
c.No more than 3% of the required parking spaces are represented by spaces dedicated
to motorcycles, which should be covered as an incentive for use.
d.No more than 10% of the required parking spaces are represented by spaces dedicated
to compact vehicles, and disbursed throughout the project to maximize accessibility
and convenience.
e.Provide efficiency in parking design including consideration for space-conserving
tandem spaces when functionally feasible.
f.Provide vehicle charging stations and dedicated spaces for at minimum Level 2
charging power (1 per 50 dwelling units and 1 per every 50,000 square feet for non-
residential developments in excess of 75,000 square feet.
g.Design for maximized pedestrian interconnectivity for internal circulation and
efficient ingress and egress minimizing travel distance for pedestrians and
bike/moped/scooter riders.
h.Include a parking contingency plan to show areas on the proposed site plan where
parking spaces may be added in the event that a shortage is subsequently realized for
average daily parking demand. If such future spaces do not equal or exceed the total
deficiency determined by the standard parking requirements for the use, provide
operational rules, procedures or strategies at time of site plan approval to off-set the
realized deficiency.
i.Facilitate a ride-sharing/car pool program by screening, recording and maintaining
participants’ travel destination information, schedules and routes for controlled access
by residents and employees.
j.Maintain bus and train schedules in the management office, accessible to residents
and employees. The management shall designate employees who will maintain and
distribute schedule and route information enabling them to advise residents and
employees as necessary.
k.Consider a shuttle service/program providing transportation to the nearest transit
facility, whether as an incentive or fee-based. Residents should be polled for interest.
l.Include marketing goals and practices targeting residents who work atypical shifts,
including incentives for those in fields such as law enforcement, medical, security,
etc.
m.Provide the following information to residents at time of lease, and post it on a
permanent sign visible from a common location and at entry to the management
office: “This development offers sustainable living (or working) environment that
facilitates a reduction in required parking spaces while accommodating bikes, low-
powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles.
Contact the management for further information”.
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n.Establish and implement operational rules that regulate the maximum number of
vehicles per unit, provide incentives for minimizing total vehicles and maximizing
compact and electric vehicles, and restrict where lesser used vehicles such as
recreational, work, or utility vehicles and equipment can be parked or stored.
Incentives shall be provided for single vehicle households or to those regularly using
or dependent on public transportation.
o.Implement an operational rule prohibiting operators, residents, employees, visitors,
etc. from using any parking space, including interior garage spaces, for any purpose
other than for the temporary parking of vehicles as intended and designed for the
project.
p.Consent to providing a report containing evidence of continued compliance with the
requirements herein upon request by the City.
Chapter 4. Article V. Minimum Off-Street Parking Requirements
Section 4. Exceptions to Providing Required Off-Street Parking.
C. On-Street Parking.
2. Conditions. The provision for on-street parking space to be used to meet the minimum
number of required off-street parking spaces shall be subject to the following conditions:
a. The on-street parking provision is applicable to all existing or proposed
development located within either the Central Business District (CBD), a subsequent zoning
district established to supplement or replace the CBD, or within a lot or parcel located within the
adopted Ocean District Community Redevelopment Plan the Community Redevelopment Area.
Chapter 4. Article V. Minimum Off-Street Parking Requirements
Section 5. Other Parking Regulations.
B. Handicap Accessible Off-Street Parking.
1.Applicability. All parking lots shall meet or exceed State Handicap Code requirements,
and comply with the Florida Building Code.
All residential district parking spaces (surface, covered, enclosed) required pursuant to the
Florida/Federal Fair Housing Act shall comply with the mandatory requirements of the Act.
There shall be provided off-street handicapped parking spaces available at the time of the
erection of any structure of any structure or the enlargement of any structure.
2.Table 4-23. Handicap Accessible Parking Requirements.
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Total Spaces* Min. Accessible
Up to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2%
Over 1,000 **
Source: Florida Building Code (Florida Building Code should be reviewed for current
requirements)
*See Section 3. Special Reductions in Required Off-Street parking when calculating required
accessible parking spaces for a project designed according to a reduction provision.
**Twenty (20) spaces plus one (1) space for each one hundred (100) over one thousand
(1,000)
In addition to the above parking requirements, the Florida Building Code requires additional
accessible spaces for medical uses that provide out-patient treatments or services for persons
with mobility impairment.
The design and maintenance of accessible parking spaces and signage shall be in accordance
with the Florida Building Code. All required handicap accessible parking spaces shall be
provided on-site.
Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
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Section 5. It is the intention of the City Commission of the City of Boynton Beach,
Florida, that the provisions of this Ordinance shall become and be made a part of the City of
Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered
or re-lettered and the word "ordinance" may be changed to "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions.
Section 6. This Ordinance shall be effective immediately after adoption by the City
Commission.
TH
FIRST READING this 19 day of August, 2014.
SECOND AND FINAL READING ADOPTED this ___ day of ________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
_________________________________
Mayor – Jerry Taylor
_________________________________
Vice Mayor – Joe Casello
_________________________________
Commissioner – David T. Merker
_________________________________
Commissioner – Mack McCray
_________________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. B
LEGAL
October 7, 2014
COBB
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October 7, 2014
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-023 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve the historic designation application for the
site of the Boynton Woman's Club located at 1010 South Federal Highway, Boynton Beach.
ER:
The owner of the property located at 1010 South Federal
XPLANATION OF EQUEST
Highway has submitted an application to have the property designated as a historic site.
If the application is approved, the property will be added to the Boynton Beach Register
of Historic Places.
To qualify as a historic site, a property must have significance in American history,
architecture, archaeology, engineering or culture, and possess integrity of location,
design, setting, materials, workmanship, feeling, and association.
The site must also be significant in one or more of the following areas:
a. Association with events that have made a significant contribution to the
broad patterns of the City’s history;
b. Association with the lives of persons significant in the City’s past;
c. Embodies the distinctive characteristics of a type, period or method of
construction, or represents the work of a master, or possesses high artistic
values, or represents a significant and distinguishable entity whose
components may lack individual distinction;
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d. Has yielded, or may be likely to yield, information important in prehistory
or history; or
e. Is listed in the National Register of Historic Places.
The subject property is the site of the Boynton Woman’s Club building which was built
from 1925-1926. The clubhouse is a fine example of the Mediterranean Revival style of
architecture constructed in Boynton Beach during the Florida Boom Period (1919 –
1929). Since its construction, the building has been in continuous use by the Boynton
Woman’s Club as a meeting place and as a center for community activities. It is the only
structure in the city designed by the architect Addison Mizner and its construction was
partly funded from the estate of Major Nathan S. Boynton as a memorial to him. The site
was added to the National Register of Historic Places in 1979.
The structure retains almost all of its original architectural features and is in good
condition although some repair work is required. A number of alterations have been
undertaken; however, they have been carried out in a sensitive manner that has
retained the original Mediterranean Revival style characteristics designed by Addison
Mizner.
As detailed in the designation application, the subject site is significant in a local context
for its architecture and social history and, although some alterations have been
undertaken, it retains much of its integrity. The site also meets criteria “a”, “b”, “c” and
“e” from the above list.
Therefore, based on the above described qualities, the site meets the required criteria
and is eligible for historic designation.
The Historic Resources Preservation Board (HRPB) will consider the application at its
meeting on September 8, 2014.
H?
The site will be added to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Boynton Beach Register of Historic Places which will help raise public awareness of the
City’s Historic Preservation Program and will promote heritage tourism. The designation
and protection of historic sites also meets the requirements of the Certified Local
Government Agreement with the Florida Division of Historical Resources.
FI:
There will be no immediate fiscal impact to the city.
ISCAL MPACT
A:
None recommended.
LTERNATIVES
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ORDINANCE NO. 14-023
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
DESIGNATING THE PROPERTY KNOWN AS THE BOYNTON
WOMAN’S CLUB LOCATED AT 1010 SOUTH FEDERAL
HIGHWAY, WHICH IS MORE FULLY DESCRIBED HEREIN, AS A
LOCAL HISTORIC SITE; PROVIDING A NON-SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS
, Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land
Development Regulations provides for the designation and protection of historic sites in the City
of Boynton Beach; and
WHEREAS,
the Boynton Women’s Club is was built from 1925-1926 and is a fine
example of the Mediterranean Revival style of architecture constructed in Boynton Beach
during the Florida Boom Period (1919 – 1929); and
WHEREAS,
the Historic Preservation Board of the City of Boynton Beach prepared a
designation report for the designation of the Boynton Woman’s Club as a historic site and held a
duly noticed public hearing in regard to the designation of the property as an historic site at
which no member of the public spoke in opposition to the designation of the property as an
historic site; and
WHEREAS,
the Historic Preservation Board of the City of Boynton Beach on
September 8, 2014 recommended that the Boynton Woman’s Club be designated a historic site;
and
WHEREAS,
the City Commission of the City of Boynton Beach has conducted a duly
noticed public hearing in regard to the designation of the Boynton Woman’s Club as a historic
site.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
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Section 2.
The Boynton Woman’s Club is located at 1010 South Federal Highway,
which is legally described on the survey which is attached and incorporated into this Ordinance
Exhibit "A"
as , and is hereby designated as the Boynton Women’s Club in accordance with and
under the provisions of Chapter 4, Article IX, Section 6.C., of the City of Boynton Beach Land
Development Regulations.
Section 3.
It is the intention of the City Commission of the City of Boynton Beach
that this Ordinance and each and every of its terms be considered a part of a single whole and
that the Ordinance not be severable and that if a court of competent jurisdiction finds that any
section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its
entirety.
Section 4.
This Ordinance shall become effective immediately upon its passage and
adoption.
th
FIRST READING this 16 day of September, 2014.
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SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
_______________________________
Commissioner- Michael M. Fitzpatrick
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. C
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October 7, 2014
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October 7, 2014
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RACC:
PROPOSED ORDINANCE NO. 14-024 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve the extension of the current Mobile
Vending Unit regulations for a period of 90 days.
ER:
At the August 29, 2014 Commission Strategic Planning
XPLANATION OF EQUEST
meeting, staff was directed to modify the existing regulations and return to Commission
with recommended changes.
In order to allow sufficient time to meet with each Commissioner to determine the
desired outcome for modification of the current code, staff is requesting to extend the
existing regulations for a period of 90 days.
H?
No change to the current process
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
for 90 days, effective October 1, 2014.
FI:
N/A
ISCAL MPACT
A:
Provide staff with different policy direction.
LTERNATIVES
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ORDINANCE NO. 14-024
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA APPROVING THE EXTENSION OF THE
CURRENT MOBILE VENDING UNIT REGULATIONS
FOR A PERIOD OF NINETY DAYS; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS
, at the August 29, 2014 Commission Strategic Planning meeting staff was
directed to modify the existing regulations and return to the Commission with recommended
changes; and
WHEREAS,
in order to allow sufficient time to determine the desired outcome for
modification of the current code, staff is requesting to extend the existing regulations for a period
of 90 days commencing October 1, 2014; and
WHEREAS
, the City Commission finds it to be in the best interest of the citizens and
residents of the City to approve the 90 day extension of the current Mobile Vending Unit
regulations to allow staff to determine desired outcome for modification.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. The City Commission hereby approves a 90 day extension of the current
Mobile Vending Unit regulations commencing October 1, 2014.
Section 3. Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 4. This Ordinance shall become effective on the date of second reading set
forth below. The 90 day extension shall commence October 1, 2014.
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th
FIRST READING this 16 day of September, 2014.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. D
LEGAL
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ONSENT GENDAEGAL
BP$100,000 FAI
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CCL
ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO 14-025 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve ordinance dissolving the Quantum
Community Development District.
ER:
In 1991, the City of Boynton Beach established the
XPLANATION OF EQUEST
Quantum Community Development District for the purpose of funding a number of
infrastructure improvements and to perform routine maintenance. This District was
created by the City in conformance with applicable State law at the time.
The Board of Supervisors has determined that the Quantum Community Development
District need no longer remain in service. All debt of the District has been retired and
the District no longer provides maintenance services that would require District revenue.
Staff will note that many of the maintenance activities of common grounds are now the
responsibility of the Quantum Park Overlay Dependent District. The Overlay District will
survive this dissolution.
H?
NA
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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ORDINANCE NO. 14-025
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, RELATING TO THE QUANTUM COMMUNITY
DEVELOPMENT DISTRICT; PROVIDING FOR LEGISLATIVE
FINDINGS; SPECIFYING AUTHORITY; DISSOLVING THE
QUANTUM COMMUNITY DEVELOPMENT DISTRICT
PURSUANT TO SECTION 190.046(9), FLORIDA STATUTES;
PROVIDING FOR RELIANCE UPON REPRESENTATIONS;
SPECIFYING INTENT; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS,
the Florida Legislature has enacted and amended chapter 190, Florida
Statutes to provide an alternative method to finance and manage basic services for community
development; and
WHEREAS,
on July 16, 1991, the City Commission adopted Ordinance No. 091-48
establishing the Quantum Community Development District (the “District”); and
WHEREAS,
Section 196.046(9), Fla. Stat. provides that if a district has no outstanding
financial obligations and no operating or maintenance responsibilities, upon the petition of the
district, the district may be dissolved by a nonemergency ordinance of the City Commission that
established the district; and
WHEREAS,
the Board of Supervisors of the District adopted Resolution No. 2014-01
authorizing District Counsel to file a petition with the City to dissolve and terminate the District
(the “Petition”), a copy of the Petition is attached hereto as Exhibit “A”; and
WHEREAS,
the District submitted the Petition to the City, and requested that the City
adopt an ordinance terminating and dissolving the Quantum Community Development District
pursuant to Section 190.046(9), Fla. Stat.; and
WHEREAS,
the Petition represents to the City that the District has no outstanding
financial obligations and no operating or maintenance responsibilities; and
WHEREAS,
in adopting this Ordinance, the City Commission has relied upon the
representations made in the Petition; and
WHEREAS,
the City Commission has conducted the requisite public hearings; and
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WHEREAS,
the City Commission finds that the termination and dissolution of the
Quantum Community Development District is in the best interests of the citizens and residents of
the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
SECTION 1.
The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
SECTION 2.
This Ordinance is adopted pursuant to Section 190.046(9), Florida Statutes.
SECTION 3.
Quantum Community Development District, as established by Ordinance
No. 091-48, is hereby dissolved.
SECTION 4.
The dissolution of the District is specifically based upon the
representations made in the Petition.
SECTION 5.
It is the intent of the City Commission of the City of Boynton Beach to not
assume any expenses whatsoever for capital financing, construction, installation, operation, or
maintenance of any facilities or services of the District.
SECTION 6.
It is the intention of the City Commission of the City of Boynton Beach
that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be
renumbered, re-lettered and the word “Ordinance” may be changed to “Section,” “Article”, or
such other word or phrase in order to accomplish such intention.
SECTION 7.
If any clause, section, or other part or application of this Ordinance shall
be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the remaining portions or applications remaining in full force and effect.
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SECTION 8.
All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
in conflict herewith be and the same are hereby repealed to the extent of such conflict.
SECTION 9.
This Ordinance shall become effective immediately upon its passage and
adoption.
th
FIRST READING this 16 day of September, 2014.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
_______________________________
Commissioner- Michael M. Fitzpatrick
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. E
LEGAL
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-027 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve Amendment to Ordinance 13-003 to restate the terms of appointees
Woodrow L. Hay and James "Buck" Buchanan
ER:
Pursuant to FL. St. 163.357(c) A governing body(City
XPLANATION OF EQUEST
Commission) which consists of five members may appoint two additional persons to act as
members of the community redevelopment agency. The terms of office of the additional
members shall be for 4 years, except that the first person appointed shall initially serve a term of
2 years. Persons appointed under this section are subject to all provisions of this part relating to
appointed members of a community redevelopment agency.
On March 1, 2011, per Ordinance 11-009, the City Commission expanded the CRA by adding
two additional members to the Board. Also on March 1, 2011, per Ordinance 11-010, the City
Commission appointed James Buchanan to a 2-year term and Mark Karageorge to a 4-year term.
James Buchanan’s initial 2-year term ended March of 2013 and he was re-appointed in February,
2013 to a two year term but should have been appointed to a four year term. Mark Karageorge
resigned before the expiration of his term and Woodrow L. Hay was appointed to fill the
unexpired portion of his term.
This amendment to Ordinance 13-003 will clarify the current status of the current Commission
appointee’s respective terms to reflect:
James “Buck” Buchanan – four year term ending March 1, 2017.
Woodrow L. Hay- completing four year term of Mark Karageorge ending March 1,
2015.
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H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None.
ISCAL MPACT
A:
None. The terms of office of the CRA appointee members must conform to
LTERNATIVES
rule set forth in FL. St. 163.357(c) as stated above.
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ORDINANCE NO. 14-027
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE 13-003;
CONFIRMING PRIOR COMMISSION ACTION
APPOINTING JAMES “BUCK” BUCHANAN AND
WOODROW L. HAY AND STATING THEIR RESPECTIVE
TERMS OF APPOINTMENT TO THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT BOARD, AND AN
EFFECTIVE DATE.
WHEREAS
, in 2011 the City of Boynton Beach determined that it was in the best
interests of the citizens and residents of the City to appoint two members to the Board of
Commissioners of the Community Redevelopment Agency to serve with the City
Commissioners; and
WHEREAS,
the City Commission thereafter appointed Mark Karageorge to a four (4)
year term and James “Buck” Buchanan to a two (2) year term; and
WHEREAS
, when James “Buck” Buchanan’s two (2) year term expired he was
reappointed to another two (2) year term when the appointment should have been to a four (4)
year term to conform to the requirement of state statute; and
WHEREAS
, Mark Karageorge resigned his position before the end of his initial term
and Woodrow L. Hay was appointed to serve the remaining portion of his term.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. The term of James “Buck” Buchanan’s appointment to the Community
Redevelopment Board is for a four (4) year term which ends March 1, 2017.
Section 3. Woodrow L. Hay’s appointment to the unexpired four (4) year term of Mark
Karageorge ends March 1, 2015.
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Section 4 The City Clerk is directed to issue a certificate of appointment to the
appointees consistent with this Ordinance.
Section 5. This Ordinance shall be effective immediately after adoption.
FIRST READING
this _______ day of _______________, 2014.
SECOND, FINAL READING AND PASSAGE
this _____ day of _______, 2014.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jerry Taylor
_____________________________
Vice Mayor – Joe Casello
_____________________________
Commissioner – David T. Merker
_____________________________
Commissioner – Mack McCray
ATTEST:
______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
377 of 398
13. F
LEGAL
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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AI
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-028 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve the abandonment of an existing 12 ft. utility easement along Military Trail
as part of the construction of a Walmart store at Military Trail and Coconut Lane. Accept
dedication of additional right-of-way to Palm Beach County.
ER:
The construction of a Walmart store located at the northeast
XPLANATION OF EQUEST
corner of Military Trail and Coconut Lane requires the dedication of additional right of
way to Palm Beach County for a right turn lane. The City of Boynton Beach currently
has a 12 ft. utility easement and an existing water main and force main in the area of
the new turn lane. The owner of the property, Flavor Pict Properties, LLC, has agreed to
grant a new City of Boynton Beach utility easement on the site, and the existing utility
easement will be abandoned prior to dedication of the additional right of way. The
abandonment is required as part of the site development for the Walmart store, which
was approved by Palm Beach County. In addition, Flavor Pict Properties, LLC will
relocate the City owned water main and force main into the new easement on the site
without expense to the City.
A separate City of Boynton Beach utility easement will be recorded on the property, which is
owned by Flavor Pict Properties, LLC, and the City owned utilities will be relocated into the new
easement without expense to the City.
H?
There will be no adverse impact on
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
City services. Upon abandonment of the easement, additional right of way will be
dedicated to Palm Beach County, a City of Boynton Beach utility easement will be
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recorded on Flavor Pict Properties, LLC’s property, and City owned utilities will be
relocated into the new easement.
FI:
There is no fiscal impact to the City.
ISCAL MPACT
A:
Deny the request for abandonment of the easement and recordation of
LTERNATIVES
a new City of Boynton Beach utility easement on Flavor Pict Properties, LLC’s property.
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ORDINANCE NO. 14-028
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ABANDONMENT OF A 12-FOOT
WIDE UTILITY EASEMENT ALONG MILITARY TRAIL AS
PART OF THE CONSTRUCTION OF A WALMART STORE AT
MILITARY TRAIL AND COCONUT LANE; ACCEPT
DEDICATION OF ADDITIONAL RIGHT OF WAY TO PALM
BEACH COUNTY WHICH WILL INCLUDE THE AREA
VACATED BY THE EASEMENT, SUBJECT TO STAFF
COMMENTS; AUTHORIZING THE CITY MANAGER TO
EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED
WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
Flavor Pict Properties, LLC., is requesting the abandonment of a 12
foot utility easement along Military Trail as part of the construction of a Walmart store
located at the northeast corner of Military Trail and Coconut Lane which requires the
dedication of additional right of way to Palm Beach County for a right turn lane; and
WHEREAS,
the City of Boynton Beach currently has a 12 foot utility easement and
an existing water main and force main in the area of the new turn lane;
WHEREAS
, the owner of the property has agreed to grant a new City of Boynton
Beach utility easement on the site and the existing utility easement will be abandoned prior to
the dedication of the additional right of way; and
WHEREAS,
comments have been solicited from the appropriate City Departments,
and public hearings have been held before the City's Planning and Development Board, and
the City Commission on the proposed abandonment; and
WHEREAS,
staff finds that the 12 foot-wide utility easement no longer serves a
public purpose, and the City Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida, does
hereby abandon an existing 12 foot utility easement along Military Trail as part of the
construction of a Walmart store located at the northeast corner of Military Trail and Coconut
Lane which requires the dedication of additional right of way to Palm Beach County for a
right turn lane, subject to staff comments. The property being abandoned is more particularly
described as follows:
A 12 FOOT UTILITY EASEMENT LYING WITHIN A PARCEL OF LAND
SITUATED IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM
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BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THE WEST 12 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT OF WAYS
FOR COCONUT ROAD AND MILITARY TRAIL (S.R. 809), AS LAID OUT
AND IN USE.
Section 3.
The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
Records of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ____ day of , 2014.
SECOND, FINAL READING AND PASSAGE THIS _____day of _______,
2014.
CITY OF BOYNTON BEACH, FLORIDA
Mayor – Jerry Taylor
_____________________________________
Vice Mayor – Joe Casello
_____________________________________
Commissioner – David T. Merker
_____________________________________
Commissioner – Mack McCray
ATTEST:
_____________________________________
Commissioner – Michael M. Fitzpatrick
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
381 of 398
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS
that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon an existing 12 foot utility easement along
Military Trail as part of the construction of a Walmart store located at the northeast corner of
Military Trail and Coconut Lane which requires the dedication of additional right of way to
Palm Beach County for a right turn lane, subject to staff comments. The property being
abandoned is more particularly described as follows:
A 12 FOOT UTILITY EASEMENT LYING WITHIN A PARCEL OF LAND
SITUATED IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THE WEST 12 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT OF WAYS
FOR COCONUT ROAD AND MILITARY TRAIL (S.R. 809), AS LAID OUT
AND IN USE.
IN WITNESS WHEREOF,
the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____
day of ______________, 2014.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
___________________ _____________________________
Janet M. Prainito, MMC Lori LaVerriere, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME
, the undersigned authority, personally appeared Lori LaVerriere and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand and
deed as such officers, for the uses and purposes mentioned therein; that they affixed
thereto the official seal of said corporation; and that said instrument is the act and deed of
said corporation.
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WITNESS
my hand and official seal in the said State and County this _____ day of
________________, 2014.
_____________________________
NOTARY PUBLIC, State of Florida
My Commission Expires:
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14. A
FUTURE AGENDA ITEMS
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Adopt FY 14/15 Strategic Plan Action Agenda -
EQUESTED CTION BY ITY OMMISSION
10/21/14
ER:
The City Commission will adopt the new Action Agenda for
XPLANATION OF EQUEST
FY 14/15 at its October 21, 2014 meeting.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
October 7, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 7, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Commission discussion and direction for the
EQUESTED CTION BY ITY OMMISSION
Financial Advisory Committee for the FY 14/15. - TBD
ER:
To discuss if there are any topics or tasks that the
XPLANATION OF EQUEST
Commission want the Financial Advisory Committee to review and report on during the
FY 14/15.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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