2007-025 US Highway 1 Corridor StudyRESOLUTION 2007-25
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING LAND RESEARCH
MANAGEMENT, INC. TO PEFORM A PLANNING STUDY REGARDING
POTENTIAL REDEVELOPMENT ALONG THE U.S. HIGHWAY ONE
CORRIDOR AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN AGREEMENT FOR SUCH PLANNING SERVICES;
DECLARING A LIMITED ZONING IN PROGRESS FOR REZONING
REQUESTS ALONG THE U.S. HIGHWAY ONE CORRIDOR; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council wishes to retain Land Research Management, Inc. to perform a
three phase planning study to implement the directives of the recently adopted Evaluation and
Appraisal Report and to examine the potential redevelopment along the L1.S. Highway One
corridor; and
WHEREAS, Phase One of this Planning Study includes consideration of which properties or
segments along U.S. Highway One are appropriate for mixed use and/or residential development; and
WHEREAS, the Village Council wishes to declare a limited zoning in progress applicable to on
rezoning requests to allow residential or mixed use developments along the U.S. Highway Une
~`"~' corridor until Phase One of the planning study is completed; and
WHEREAS, the Village Council determines that such action in the best interests of the public
health. safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified and incorporated herein.
Section 2. The Village Council hereby approves and Agreement for Planning Services with
r and I?eSearch >`~Ianagement relati.^.g to tl:e U.S. Highway One oerridor, in acocrdarce :=.~ith tl:e
Scope of Services incorporated therein. The Council further authorizes the Mayor and Village
Clerk to execute the Agreement, attached hereto as Exhibit "A" and incorporated herein by
reference, on behalf of the Village.
Section 3. The Village Council hereby declares a limited zoning in progress relating to the
U.S. Highway One corridor for a period of up to ninety (90) days pending completion of Phase
One ofthe Scope of Services for the U.S. Highway One corridor study. This zoning in progress
relates solely to final decisions on applications for the rezoning of property to permit residential
or mixed use development along U.S. Highway One and may be terminated or extended by
resolution of the Village Council.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Resolution is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
," void, such holding shall not affect the remainder of this Resolution.
Section S. All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Section 6. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 8th DAY OF FERRT Tauv ~nm
(Village Seal)
ATTEST:
~ ~~~~~T~ ~~~~
VILLAGE CLERK
AGREEMENT FOR PLANNING SERVICES
This Agreement is made as of the ~ day of ~,E~/ZGl.~lu~ ,
2007, by and between the Village of North Palm Beach, Florida, a Florida
municipal corporation ("Village") and Land Research Management, Inc., a Florida
corporation ("Consultant").
RECITALS
WHEREAS, the VILLAGE wishes to retain CONSULTANT to implement a
planning study to examine potential redevelopment along the U.S. Highway One
corridor; and
WHEREAS, CONSULTANT desires to perform such services on behalf of
the Village in accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth
herein, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
SECTION 1: CONSULTANT'S SERVICES.
The VILLAGE hereby engages CONSULTANT to perform a three phase planning
~, study to examine potential redevelopment along the U.S. Highway Corridor, as
outlined in the Scope of Services attached hereto as Exhibit "A" and incorporated
herein by reference.
SECTION 2: TERM OF SERVICES AND COMPENSATION.
a. This Agreement shall be for a period of six (6) months from the date of
execution or until the services contemplated hereunder are complete,
whichever first occurs, unless earlier terminated in accordance with the
terms and conditions set forth herein.
b. The VILLAGE shall pay to CONSULTANT a total of Twenty-Five
Thousand Dollars ($25,000.00) in accordance with the phases or
milestones set forth in the Scope of Services. No other compensation
shall be paid to CONSULTANT.
SECTION 3: METHOD OF PAYMENT.
a. CONSULTANT shall invoice the VILLAGE on a monthly basis in
accordance with the amount of work completed, subject to the maximum
payment for each phase as set forth in the Scope of Services.
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b. In order for both parties herein to close their books and records,
CONSULTANT will clearly state "final invoice" on CONSULTANT's final
billing to the VILLAGE. This certifies that all services have been properly
performed and all charges have been invoiced to the VILLAGE. Since this
account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by CONSULTANT.
SECTION 4: INDEMNIFICATION.
a. CONSULTANT shall indemnify and hold harmless the VILLAGE, and its
officers and employees, from liabilities, damages, losses, and costs,
including but not limited to, reasonable attorney's fees (at the trial and
appellate levels), to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of CONSULTANT and other persons
employed or utilized by CONSULTANT in the performance of services
under this Agreement.
b. If, consistent with the foregoing indemnification, the CONSULTANT is
responsible for indemnifying the VILLAGE for a liability, damage, loss
and/or cost to the VILLAGE, any sums due CONSULTANT under this
Agreement may be offset, reduced or withheld by the VILLAGE until that
claim for indemnification by the VILLAGE has been resolved or settled,
and any amount offset, reduced or withheld by the VILLAGE under this
~. Section shall not be subject to payment of interest by the VILLAGE.
c. Nothing contained in this Agreement shall be construed a waiver of
sovereign immunity beyond the limited waiver as provided in Section
768.28, Florida Statutes.
SECTION 5: TERMINATION.
a. This Agreement may be terminated by CONSULTANT upon thirty (30)
days' prior written notice to the VILLAGE in the event of substantial failure
by the VILLAGE to perform in accordance with the terms of this
Agreement through no fault of CONSULTANT.
b. This Agreement may be terminated by the VILLAGE with or without cause
upon ten (10) days' written notice to CONSULTANT. In addition, the
VILLAGE may terminate this Agreement immediately if funds are not
available to compensate CONSULTANT or CONSULTANT is in breach of
this Agreement. Unless CONSULTANT is in breach of this Agreement,
the CONSULTANT shall be paid for services rendered to the VILLAGE's
satisfaction through the date of termination.
SECTION 6: INSURANCE.
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a. CONSULTANT shall maintain, during the life of this Agreement,
comprehensive automobile liability insurance in the minimum amount of
$500,000 combined single limit for bodily injury and property damages
liability to protect CONSULTANT from claims for damages for bodily and
personal injury, including death, as well as from claims for property
damage, which may arise from the ownership, use, or maintenance of
owned and non-owned automobiles, including rented automobiles.
b. The parties to this Agreement shall carry Workers' Compensation
Insurance and Employer's Liability Insurance for all employees as required
by Florida Statutes.
SECTION 7: GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the Agreement will be held in Palm Beach
County.
SECTION 8: INDEPENDENT CONSULTANT RELATIONSHIP.
CONSULTANT is, and shall be, in the performance of all Services under this
Agreement, an Independent CONSULTANT, and not an employee, agent, or
servant of the VILLAGE. All persons engaged in any of the Services performed
pursuant to this Agreement shall at all times, and in all places, be subject to
CONSULTANT's sole direction, supervision, and control. The CONSULTANT
shall exercise control over the means and manner in which it and its employees
perform the Services.
SECTION 9: ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default or
misrepresentation in connection with any provisions of this Agreement, the
successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable
as court awarded costs (including, without limitation, all such fees, costs and
expenses incident to appeals), incurred in that action or proceeding, in addition to
any other relief to which such party or parties may be entitled.
SECTION 10: SEVERABILITY.
If any term or provision of this Agreement, or the application thereof to any
person or circumstances shall, to any extent, be held invalid or unenforceable, to
remainder of this Agreement, or the application of such terms or provision, to
persons or circumstances other than those as to which it is held invalid or
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unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
SECTION 11: NOTICE.
All notices required in this Agreement shall be sent by certified mail, return
receipt requested, and if sent to the VILLAGE shall be mailed to:
VILLAGE OF NORTH PALM BEACH
Attn: Charles Cangianelli, Community Development Director
501 US Highway One
North Palm Beach, FL 33408
and if sent to CONSULTANT shall be mailed to:
LAND RESEARCH MANAGEMENT, INC.
Attn: James P. Fleischmann
2240 Palm Beach Lakes Boulevard
Suite 103
West Palm Beach, FL 33409
SECTION 12: ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONSULTANT agree that this Agreement sets forth the
entire agreement between the parties, and that there are no promises or
understandings other than those stated herein. None of the provisions, terms
and conditions contained in this Agreement may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the
parties hereto.
SECTION 13: WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Agreement
shall not be deemed a waiver of that parties' right to enforce or exercise said
right(s) at any time thereafter.
SECTION 14: SURVIVABILITY. Any provision of this Agreement which is of a
continuing nature or imposes an obligation which extends beyond the term of this
Agreement shall survive its expiration or earlier termination.
[Remainder of this page intentionally blank]
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement for Grant Management Services as of the day and year first above
written.
Land Research Management, Inc.
.°'
JAMS P. FLEIS HMANN
VIC PRESIDENT
VILLAGE OF NO
BY:
ATTEST:
BY: ~~LEz~~4G~
MELISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
r <~=-~
VILLAGE ATTORNEY
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U.S. Highway No. 1 Corridor Study Scope Of Services
General Program Goal - To implement the following directives of the recently
adopted Evaluation and Appraisal Report (EAR) regarding potential redevelopment
along the U.S. Highway No. 1 Corridor:
1. Potential amendment of the Future Land Use Map Series to incorporate a
redevelopment or mixed-use overlay series, including the NBOZ, identifying areas along
U.S. Highway 1 and Northlake Boulevard where mixed-use and/or residential
development will be considered.
2. Potential amendment of the Future Land Use element to address mixed -
use and/or residential redevelopment along the corridors, including permitted uses,
density and intensity standards, compatibility with neighboring properties, and direction
for the adoption of site development regulations.
A. Scope Of Services
~..,, Phase 1 Inventory and Analysis of Existing Conditions.
Task 1.1 - In concert with Village staff, determine the extent (i.e.
inclusive properties) of the U.S. Highway No. 1 corridor for
the purposes of this study.
Task 1.2 Procure or prepare requisite base maps, including: Aerials;
Property Appraiser (parcels); base (working); future land
use; zoning; and plats.
Task 1.3 - Complete an inventory of the built environment within the
corridor, to include the following: Land use, including size
(i.e. building sq. ft.), building height, and floor-area-ratio
(F.A.R.); circulation and ingress/egress; buffering and
screening elements; landscaping; and adjacent uses.
Task 1.4 - Prepare a summary of the specific regulations that pertain to
land development activities within the U.S. Highway No. 1
corridor. Compare and contrast regulations associated with
the various zoning districts.
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Task 1.5 - Describe and map corridor segments, using ease-west cross
streets as the basis. Segments shall consist of those
-- properties exhibiting similar land use characteristics,
including neighboring properties.
Task 1.6 - Procure copies of land development approvals for properties
located within corridor segments. Summarize approvals,
including the following considerations: Parcel size; Future
Land Use and zoning designation; summary of existing
development status, including use; building area; floor-area-
ratio; and parking plans.
Task 1.7- Conduct workshops with the Planning Commission and
Village Council for the purpose of determining which U.S.
Highway No. 1 segments shall be further considered for
mixed-use and/or residential development.
Phase 2 Review And Analysis Of Other Municipalities Similar Efforts
(maximum of five similar jurisdictions).
Task 2.1 - Select, with staff assistance, the jurisdictions to be studied.
Task 2.2 - Summarize how each jurisdiction has addressed the issue in
,~, its comprehensive plan, including density and intensity
standards and other specific policies.
Task 2.3 - Summarize how each jurisdiction has addressed the issue in
its land development regulations, including approval
process, use limitations, and development requirements.
Task 2.4 - Compare the results of Tasks 2.1 - 2.3 with the
characteristics of the U.S. Highway No. 1 corridor, as
described in Phase 1, in order to determine their
appropriateness and applicability to the U.S. Highway No. 1
corridor.
Task 2.5- Conduct workshops with the Planning Commission and
Village Council for the purpose of summarizing the results of
this task.
Phase 3 Recommendations
Task 3.1- Prepare a draft mixed-use overlay map identifying areas
along the corridor where mixed-use development will be
considered.
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Task 3.2 - Prepare a draft of proposed language for a related
Comprehensive Plan amendment.
Task 3.3 - Establish a program and schedule for necessary
implementation actions, as necessary.
Task 3.4 - Conduct workshops with the Planning Commission and
Village Council for the purpose of summarizing the results of
this task
Time Frame - It is anticipated that Phases I - 2 will be completed within three months
from the date of program commencement. Phase 3 is anticipated to require an
additional two months.
Deliverables - Milestone Reports, including one for each phase; and an
implementation schedule. All documents will be provided to the Village in hard copy
and electronic form.
Cost To Complete The Scope Of Services - Not to exceed $25,000,
according to the following estimated schedule:
Phase I: $ 10,000
Phase II: $ 9,000
Phase III: 6 000
Total $ 25,000
'~,~ ~;`t
Date: January 10, 2007
Ja ` s P.Fleischmann,
Vice President
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