1997-020 Planning Area Study Agreement with LRM
RESOLUTION NO. 20-97
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO ENTER INTO AN
AGREEMENT WITH LAND RESEARCH
MANAGEMENT, INC. ATTACHED AS EXHIBIT
"A", WHICH AGREEMENT PROVIDES FOR A
SPECIAL PLANNING AREA STUDY OF REAL
PROPERTY OF THE INCORPORATED AREAS
OF THE VILLAGE AND UNINCORPORATED
AREAS OF PALM BEACH COUNTY BOUNDED
BY LAKE WORTH ON THE EAST, THE
INTRACOASTAL WATERWAY ON THE SOUTH
AND WEST AND PGA BOULEVARD ON THE
NORTH; AND, PROVIDING FOR AN
EFFECTIVE DATE.
• BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach, Florida, does hereby approve the Agreement with Land
Research Management, Inc. attached as Exhibit "A", which Agreement
is for the purpose of securing a Special Planning Area Study of
real property of the incorporated areas of the Village and
unincorporated areas of Palm Beach County bounded by Lake Worth on
the east, the Intracoastal waterway on the south and west and PGA
Boulevard on the north.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Agreement with Land Research
• Management, Inc. set forth in Exhibit "A" for and on behalf of the
• Village of North Palm Beach.
Section 3. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED THIS 27th DAY OF MARCH , 1997.
(Village Seal)
r:
VILLAGE CLERK
1
~~ MAYOR
•
• A G R E E M E N T
AGREEMENT made this 27th day of March ~ ~ yy~
by and between the VILLAGE OF NORTH PALM BEACH, FLORIDA, (herein
referred to as -the "VILLAGE") and LAND RESEARCH MANAGEMENT,
INC.
W I T N S S S E T H
WHEREAS, the VILLAGE desires to appoint a Consultant
familiar with ,the VILLAGE'S comprehensive planning and zoning
matters to prepare a special Planning Area Study; and
WHEREAS, LAND RESEARCH MANAGEMENT, INC., has established
itself as a qualified consulting firm capable of performing
the VILLAGE'S comprehensive planning program;~and
• WHEREAS, LAND RESEARCH MANAGEMENT, INC., wishes to accept
appointment as Consultant for, the VILLAGE. under terms and
conditions stated herein.
NOW, TIiEREFORE, the parties hereto do mutually agree as
follows:
I. DUTIES.
The VILLAGE hereby appoints LAND RESEARCH MANAGEMENT,
INC., (hereinafter referred to as "LRM, INC.") as Consultant
to the VILLAGE OF NORTH PALM BEACH to perform the duties as
specified herein.
II. SCOPE OF SERVICES.
A. LRM, INC. shall:
1. Prepare a detailed work program, including
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a schedule of related public meetings.
2. Prepare the special Planning Area Study,
as detailed in the work program presented in EXHIBIT "A".
3. Prepare related Comprehensive Plan
Amendments, as necessary.
4. Attend public meetings, Local Planning
Agency and/or Village Council meetings that are related to
reviewing and adopting the special Planning Area Study and/or
related Comprehensive Plan Amendments. Meeting attendance shall
include LRM, INC. staff time necessary to prepare for said
meetings.
5. Provide original copies of all. documentation
prepared for or provided to this Agreement.
• B. The VILLAGE shall:
1. Provide any and all VILLAGE data, records
and information- and materials necessary for preparation and
completion bf the work program as outlined in EXHIBIT "A" hereof.
2. Be responsible for reproduction of the
necessary copies of the special Planning Area Study or related
Comprehensive Plan Amendments.
3. Prepare and submit. for publication, all
required public notices related to the legal advertising of
the special Planning Area Study or related Comprehensive Plan
Amendments.
C. Comprehensive Planning Services.
Comprehensive Planning Services to be provided by LRM, INC.
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are specifically set forth in EXHIBIT "A", attached hereto.
• ZII. COMPENSATION AND METHOD OF PAYMENT.
A. LRM, INC. shall be compensated for preparation
of the documents and performance of all duties set forth in
the "Scope of Services" portion of this Agreement based on a
chargeable rate of Sixty Dollars ($60.00) per man-hour, plus
reimbursement for expenses incurred that are reasonable and
necessary to completion of this work program. The persons
who will perform the scope of services on behalf of LRM, INC.
are set forth on EXHIBIT "A" attached. All persons on EXHIBIT
"A" are planners and not such as secretaries or billing clerks.
Reimburseable expenses shall include costs for:
1. Materials.
• 2. Reproduction and copying.
3. Other out-of-pocket expenses as approved
by the Village Manager.
B. LRM, INC. shall invoice the VILLAGE on or before
the 5th day of each month for services rendered by LRM, INC.
during the previous month. All invoices shall include a
breakdown of man-hours incurred and itemization of reimburseable
expenses. Payments shall be received by LRM, INC. on or before
the 15th of each month.
C. Non-payment on or within the herein specified
dates or time period shall, at the option of LRM, INC., result
in the immediate ceasing of all remaining or continual services
as set forth above and shall remain so until payment is received
•by LRM, INC.
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D. Notwithstanding anything above to the contrary,
.compensation and expenses payable to LRM, INC. hereunder shall
not exceed the total sum of twenty thousand ($20.000.00) dollars.
If LRM, INC. has received compensation and expenses totalling
$20,000.00, LRM, INC. shall complete its scope of services as
set forth in this contract without additional compensation from
the VILLAGE.
IV. TIME OF PERFORMANCE.
A. The effective date of this Agreement shall
commence 27th day of MARCH 1997 and continue
through final submittal and approval of the related Comprehensive
Plan Amendments, if necessary, and all other requirements of
Paragraphs IIA and IIC of this Agreement.
•B. Nothing in this Agreement shall prevent, limit
or otherwise interfere with the right of the VILLAGE to terminate
the services of LRM, INC. at any time by providing at least
two (2) weeks written notice stating the date of termination
of services. If VILLAGE terminates the services of LRM, INC.,
VILLAGE shall pay consultant for services rendered to date of
termination provided the total compensation under this Agreement
does not exceed the sum of $20,000.
V. GENERAL STATEMENTS.
A. If the VILLAGE desires additional or continual
assistance by LRM, INC., in furtherance of its planning, zoning
or other related programs, LRM, INC, agrees to perform such
.work on a chargeable rate of Sixty Dollars ($60.00) per man-
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hour, plus defined reimburseable expenses. Paragraph IIID of
• this Agreement shall not apply to the terms of this Paragraph
VA.
B. LRM, INC. shall be authorized under the terms
of this Agreement to subcontract professional services if, and
when, deemed necessary in the performance of the aforementioned
work elements. LRM, INC. shall submit to the VILLAGE copies
of all work product prepared pursuant to said subcontract for
professional services. Tie costs of all such work so
subcontracted shall be included in the compensation payable
to LRM, INC. LRM, INC. shall forward invoices for such work
that has been subcontracted, together with its regular monthly
billings. -
C. No modification or change of this Agreement
• shill be valid or ,binding upon the parties, unless in writing
and executed by the party'or parties to be bound thereby.
D. in•.the event that any part, term or provision
of this Agreement is found by a court of competent jurisdiction
to be illegal, the validity of the remaining portions and
provisions shall not be affected and the rights and obligations
of the parties shall be construed and enforced as if this
Agreement did not contain the particular part, term or provision
held to be so invalid.
E. In the event of a breach of this Agreement
requiring the services of attorneys, the prevailing party shall
recover attorney's fees and costs, whether or not the matter
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results in litigation and whether or not. litigation results
~n appeal.
IN WITNESS WHEREOF, the VILLAGE OF NORTH PALM BEACH,
FLORIDA, AND LRM, INC. have executed this Agreement on this
day and year first above written.
ATTEST:
...~.L. U~rlle-
ILLAGE CLERK
WITNESSES:
•7~l ~evv. /o~
/~
r:
VILLAGE OF NORTH PALM BEACH, FLORIDA
By.~ r
~`~ MAYOR
LAND RESEARCH MANAGE~ME~N~T, ~ INC.
BY : .~Zrilee~c-~-
JA S P. FLE SCHMANN,
V e Presid nt
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• EXHIBIT A WORK PROGRAM
PREPARATION OF THE SPECIAL PLANNING AREA STUDY AND
RELATED COMPREHENSIVE PLAN AMENDMENTS
GENERAL STATEMENT: The services provided under this scope are
oriented to: (1) Preparation of a Special Planning Area study;
and (2) the preparation, and a finding of compliance by the
Florida Department of Community Affairs, of a related
Comprehensive Plan amendment based upon the results of the
special Planning Area Study.
I. GEOGRAPHICAL SCOPE OF THE STUDY: The "Study Area" for
the special Planning Area Study shall include the following:
(1) Village Planning Area 2, as defined on FIGURE 3-3 of the
Future Land Use Element of the Village of North Palm Beach
Comprehensive Plan; and (2) unincorporated areas of Palm Beach
County within the area bounded by Lake Worth on the east, the
Intracoastal Waterway on the south and west and PGA Boulevard
on the north.
II. SCOPE OF SERVICES:
1. Inventory current and planned land uses, including
type, intensity and associated "green spaces" (i.e. setback's,
landscaping, buffering, etc.).
• 2. Review the current traffic circulation system, including
the classification and function of Ellison Wilson Road, as well
as proposed plans for improvements. Provide recommendations
regarding the composition and function of the future traffic
circulation system, including an analysis of the positive and
negative impacts of maintaining U.S. Highway No. 1 and the Parker
Bridge in their current states (i.e. 9-lane facilities) versus
expansion to 6-lane facilities.
3. Inventory the status of environmental/natural resource
assets of the area and prepare recommendations regarding
opportunities to preserve, enhance or utilize them, as the area
develops or redevelops. Identify specific strategies that should
be included either in the Village's land development regulations
or Capital Improvements Element, as appropriate.
9. Develop special design criteria and requirements to
provide an independent, yet unifying character to the Study
Area. Related recommendations shall include, at a minimum,
specific recommendations for: Land use compatibility;
landscaping; setbacks; buffers; and streetscapes; etc.
5. Identify opportunities for the Village to establish
• a public presence on Lake Worth or the Intracoastal Waterway.
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6. Prepare final report, including recommendations for
amendments to the Village's Comprehensive Plan. Comprehensive
Plan related recommendations shall, at a minimum, include:
(1) Revisions to Special Policy 5.2 of the Future Land Use
Element; and (2) additional Special Policies related to
addressing issues identified in TASKS 1 - 5.
7. Conduct public meetings (maximum of 5) to present study
findings. An initial public meeting will be held to present
the scope of the study, as well as a schedule for its completion.
8. Prepare proposed Comprehensive Plan amendments
resulting from TASKS 1 -7.
9. Conduct public meetings and public hearings, per adopted
public participation procedures and state requirements, with
the Local Planning Agency (LPA) and Village Council and
incorporate any comments generated into the final Draft
Comprehensive Plan.
10. Submit Draft Comprehensive Plan amendments to FDCA.
11. Respond to Objections, Recommendations and Comments
(ORC) report, if necessary and conduct public meetings and public
Bearings, per adopted public participation procedures, with
the LPA and Village Council to incorporate any Comments generated
from the ORC report and adopt Comprehensive Plan amendments.
12. incorporate amendments within the format established
by the 1990 Comprehensive Plan,
III. SCHEDULE OF KEY PRESENTATIONS AND COMPLETION OF'WORK
Per Paragraph II.A.1. of the attached Agreement, LRM, INC. shall
prepare a detailed work program, including a schedule of related
public meetings. However, TASKS 1 - 7 shall be completed within
18 weeks of the execution, by both parties, of the attached
Agreement.
III. PROJECT DELIVERABLES AND MAXIMUM FEES
A description and schedule of project deliverables shall be
prepared as part of Paragraph III, above. Total project cost
is established in Paragraph III of the attached Agreement.
IV. LRM, INC. STAFF AUTHORIZED TO CHARGE HOURS TO PROJECT
1. James. P. Fleischmann, Project Manager
2. Kevin G. McGinley, Planner
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