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04-24-2025 VC REG-A with attachments_REVISED VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA - REVISED VILLAGE HALL COUNCIL CHAMBERS THURSDAY, APRIL 24, 2025 501 U.S. HIGHWAY 1 6:00 PM Deborah Searcy Lisa Interlandi Kristin Garrison Susan Bickel Orlando Puyol Mayor Vice Mayor President Pro Tem Councilmember Councilmember Chuck Huff Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk INSTRUCTIONS FOR “WATCH LIVE” MEETING To watch the meeting live please go to our website page (link provided below) and click the “Watch Live” link provided on the webpage: https://www.village-npb.org/CivicAlerts.aspx?AID=496 ROLL CALL PLEDGE OF ALLEGIANCE ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA AWARDS AND RECOGNITION 1. Commendation - The Conservatory School 10th Anniversary COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. 2. INTRODUCTION OF APPLICANTS TO COUNTRY CLUB ADVISORY BOARD AND PLANNING, ZONING, & ADJUSTMENT BOARD 3. RESOLUTION Appointing members to the Country Club Advisory Board and Planning, Zoning & Adjustment Board REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) 4. Audit Committee Annual Report Regular Session Agenda, April 24, 2025 Page 2 of 2 CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 5. RESOLUTION – Approving a Third Amendment to the Professional Services Agreement with Chen Moore & Associates, Inc. to increase the total amount of compensation for Fiscal Year 2025 to $150,000; and authorizing execution of the Third Amendment. 6. Receive for file Minutes of the Recreation Advisory Board meeting held 3/11/25. 7. Receive for file Minutes of the Business Advisory Board meeting held 3/18/25. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 8. PUBLIC HEARING AND 2ND READING OF ORDIN ANCE 2025-07 – CODE AMENDMENT – BOARDS AND COMMITTEES Consider a motion to adopt and enact on second reading Ordinance 2025-07 amending Article I, "In General" Chapter 2, "Administration," of the Village Code of Ordinances by amending section 2-1 "Boards and Committees," to modify the required meeting schedule and absentee policy, add an anti-nepotism provision, and require quarterly reports to the Village Council. 9. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2025-08 – MAJOR PUD AMENDMENT TO THE BENJAMIN SCHOOL Consider a motion to adopt and enact on second reading Ordinance 2025-08 amending the Benjamin School Commercial Planned Unit Development to add an adjacent 0.93 acre parcel to the PUD and extend the pick-up/drop-off loop, demolish the existing administrative office building and construct a new administrative office building, remove the unconstructed maintenance facility from the site plan, and reconstruct a portion of parking within the McLaren Road right-of-way. OTHER VILLAGE BUSINESS MATTERS 10. MOTION – CONFIRMATION OF DEPUTY VILLAGE CLERK APPOINTMENT Consider a motion to confirm the appointment of Marquetta Fells as Deputy Village Clerk. 11. MOTION – RELEASE OF UNITY OF TITLE Consider a motion to approve a Release of Unity of Title for former Village Shoppes Planned Unit Development COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS 12. NPB University - "Know Your Department" - Public Works Department VILLAGE MANAGER MATTERS/REPORTS ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. VILLAGE OF NORTH PALM BEACH 2025 BOARD APPLICANTS Current openings and applicants for the Country Club Advisory Board and Planning, Zoning, & Adjustment Board are listed below. The Village Council may appoint new members or reappoint incumbents at its discretion. The term of appointment varies, depending on the Board and the Village Council may modify the duration at the time of appointment in order to provide for staggered terms. Country Club Advisory Board 7 Seats 2 year term. Three (3) of the initial appointees will serve a 3 year term for the first term only Requirements Village Resident; 2 Members must have golf memberships and be active golfers at the Country Club, 1 member must be a member of the Women’s Golf Association (WGA), 1 member must have a tennis membership and is actively involved in tennis activities at the Country Club, 1 member must have a pool membership and is actively involved in swim activities at the Country Club, 2 members may represent the community at large. 11 Applicants Michael Beck (Golf membership) Sandra Felis (WGA member, former Golf Advisory Board member, 2 absences) Kathy Lancaster: Interested in 2 boards Country Club Advisory Board #1, Recreation Advisory Board #2 Marc Lefco (Pool membership) David Norris (Golf membership, former Golf Advisory Board member, 1 absence) Karen O’Connell (Golf membership, former Golf Advisory Board member, 1 absence) Ron Okolichany David J. Taylor, Sr. (Golf membership) Maricela Torres: Interested in 3 boards Country Club Advisory Board #1, Environmental Committee #2, Library Advisory Board #3 Michelle Wallace (Tennis membership) Landon Wells (Golf membership, former Golf Advisory Board member, 1 absence) Planning, Zoning & Adjustment Board 5 Seats 2 year term Requirements Village Resident; 1 Land Use Planner or Architect; 1 Architect; 1 Civil Engineer; 1 Person engaged in business in NPB; 3 members need not be any particular business or profession 10 Applicants Cory Cross (Incumbent, Architect, No absences) Jonathan Haigh (Incumbent, Landscape Architect, 1 absence) Scott Hicks (Incumbent, Civil Engineer, 4 absences, reinstated by Village Manager after appeal) Timothy F. Hullihan (Incumbent, Architect, 1 absence) Carl Mistretta, Jr. (Landscape Architect) Michael Kalisz (Planning and Systems Analyst) Donald Solodar (Incumbent, Retired NYSE, 1 absence) Jonathan W. Sorenson: (Military, Government and Real Estate background) Interested in 3 boards Planning, Zoning & Adjustment Board #1, Recreation Advisory Board #2, Country Club Advisory Board #3 2025 VNPB Board Applicants Page 2 of 2 Planning, Zoning & Adjustment Board cont’d Dave Terrana: (Firefighter, Paramedic, Police Officer) Interested in 5 boards Planning, Zoning & Adjustment Board #1, Waterways Board #2, Country Club Advisory Board #3, Environmental Committee #4, Audit Committee #5 Claudia Visconti: (Landscape Architect) COUNTRY CLUB ADVISORY BOARD APPLICANTS PLANNING, ZONING, & ADJUSTMENT BOARD APPLICANTS VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Jessica Green, Village Clerk DATE: April 24, 2025 SUBJECT: RESOLUTION – Appointing members to the Country Club Advisory Board and Planning, Zoning, and Adjustment Board In accordance with Chapter 2, Article 1 of the Village Code of Ordinances, the Village Council may appoint residents as members of its Boards to serve at the pleasure of the Council. There are 7 volunteer positions on the Country Club Advisory Board and 5 volunteer positions on the Planning, Zoning and Adjustment Board to be filled; appointees will serve 2 or 3 year terms, depending on the Board. Requests for volunteers were advertised in the Village Newsletter, on the Village website, and on social media. The Village Clerk received 11 applications for the Country Club Advisory Board and 10 applications for the Planning, Zoning and Adjustment Board. The 2025 Advisory Board Applicants Report is attached for Council consideration. The report details the positions to be filled and applicants requesting appointment. The term of appointment varies, depending on the Board, and the Village Council may modify the duration of a member’s term at the time of appointment in order to provide for staggered terms. Applicants will have the opportunity to introduce themselves to Council and Council will have the opportunity to ask the applicants questions during Item 6A, Statements from the Public. The introductions will be followed by the selection of members and approval of the resolution. The attached resolution has been prepared/reviewed by the Village Attorney for legal sufficiency. There is no fiscal impact. Recommendation: Village Administration recommends Council consideration of the applicants , selection of board members by ballot, and adoption of the proposed Resolution. Page 1 of 2 RESOLUTION 2025-___ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE COUNTRY CLUB ADVISORY BOARD, AND PLANNING, ZONING AND ADJUSTMENT BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Chapter 2, Article I of the Village Code of Ordinances, the Village Council may appoint residents of the Village as members of Village advisory boards to serve at the pleasure of the Village Council, subject to the terms and conditions set forth therein; and WHEREAS, the Village Council wishes to appoint Village residents to serve on the Village Country Club Advisory Board, and Planning, Zoning and Adjustment Board. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The following persons are hereby appointed to various Village Boards and Committees for the terms commencing May 1, 2025 and expiring as indicated below: COUNTRY CLUB ADVISORY BOARD April 30, 2028 April 30, 2028 April 30, 2028 April 30, 2027 April 30, 2027 April 30, 2027 April 30, 2027 PLANNING, ZONING AND ADJUSTMENT BOARD April 30, 2027 April 30, 2027 April 30, 2027 April 30, 2027 April 30, 2027 Page 2 of 2 Section 2. The Village Clerk is hereby directed to send a conformed copy of this resolution to the members appointed above. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 24TH DAY OF APRIL, 2025 (Village Seal) MAYOR ATTEST: VILLAGE CLERK 2024 Annual Audit Report submitted to Council April 24, 2025 To: Village Council of North Palm Beach From: Marie Silvani, Chairperson – NPB Audit Committee Re: Annual Report Requirement – NPB Ordinance 06-2004, Section 4, Paragraph 4 Council Members: This report is submitted in compliance with the subject ordinance. Committee Members Daryl Aubrey. Allen Kramer, Dave Talley, and Marie Silvani Activity: The committee has held four meetings during the months of May 2024 through April 2025. We would like to extend our compliments to Mr. Terry Morton of Nowlen, Holt etal our Village Auditor, who continues to provide excellent service. This year’s Annual Comprehensive Financial Report has been provided on time and presents an accurate analysis of the financial condition of the Village. We would also like to extend our compliments to Samia Janjua, Deputy Village Manager, Erica Ramirez, Finance Director and their staff, for again being awarded the Certificate of Achievement of Excellence in Financial Report award. The Village has received this award consecutively since 1988. The Village also received the Distinguished Budget Presentation Award and has continued to receive this award annually since 2010. One of the responsibilities of the Audit Committee is the continued review of our managed funds with PFM. Our policy dictates a very prudent investment strategy. The investments currently consist of short- term bonds. With the January meeting, the committee began to prepare for the Village draft audit completed by Terry Morton. Terry presented the draft to the Audit Committee on March 12 and the Village Council on March 13th. The report is extensive and available online to the public. In conclusion, the Audit Committee would like to thank the Council and the Village Staff for the privilege of being able to serve and contribute to the financial stability of the Village. FOR THE COMMITTEE Marie Silvani, Chair Copy Village Council Audit Committee Chuck Huff Samia Janjua Jessica Green VILLAGE OF NORTH PALM BEACH BUILDING & ZONING DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Valentino Perez, Building Director DATE: April 24, 2025 SUBJECT: RESOLUTION – Approving a Third Amendment to the Professional Services Agreement with Chen Moore & Associates, Inc. to increase the compensation for Fiscal Year 2025 to $150,000. In July 2023, the Village issued a solicitation for general planning services on an as-needed basis. Chen Moore & Associates, Inc. (“Chen Moore”) was among the selected firms. On August 24, 2023, the Village executed a Professional Services Agreement with Chen Moore, capping total compensation at $50,000 per fiscal year. On January 11, 2024, the Village Council approved an amendment to increase Fiscal Year 2024 compensation from $50,000 to $80,000 to cover the cost of Chen Moore’s preparation of the Village’s Evaluation and Appraisal Report for its Comprehensive Plan. In July 2024, the Village Council approved a Second Amendment to further increase Fiscal Year 2024 compensation to $125,000, enabling the use of a planner to review building permits for zoning regulations and scope of services. Since February 2025, the Village has required additional services from Chen Moore due to organizational and departmental restructuring. Chen Moore has provided a senior planner to review planning applications and assist with Planning, Zoning and Adjustment Board preparation and attendance. Additionally, they have supplied a planner for building permit zoning reviews and Business Tax Receipt (BTR) evaluations. Other tasks include assisting staff with the integration of planning applications into the Village’s MGO software. To accommodate these expanded services, staff is requesting approval of a Third Amendment to the Professional Services Agreement, increasing Fiscal Year 2025 compensation to $150,000. This amount will cover planning services for permit reviews, BTR evaluations, development applications, board preparation and attendance, and MGO software implementation under the Planning and Zoning Professional Services line item. If a budget amendment is required, it will be addressed at year-end. The attached Resolution and Third Amendment have been reviewed and approved by the Village Attorney for legal sufficiency. Account Information: Fund Department / Division Account Number Account Description Amount General Fund Building & Zoning / Planning A5206-33190 Professional Services $150,000 Recommendation: Village Staff recommends Village Council consideration and approval of the attached Resolution approving a Third Amendment to the Professional Services Agreement with Chen Moore & Associates, Inc. to increase the total compensation for Fiscal Year 2025 from $50,000 to $150,000 with funds expended from Account No. A5206-33190 (Planning – Professional Services) and authorizing the Village Manager to execute the Amendment in accordance with Village policies and procedures. Page 1 of 2 RESOLUTION 2025-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CHEN MOORE & ASSOCIATES, INC. TO INCREASE THE TOTAL AMOUNT OF COMPENSATION FOR FISCAL YEAR 2025 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE THIRD AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2023-65, the Village Council authorized the Village Manager to execute an Agreement for Professional (Planning) Services with six firms, including Chen Moore & Associates, Inc., in an amount not to exceed $50,000.00 during any single fiscal year; and WHEREAS, through the adoption of Resolution No. 2024-01, the Village Council approved an Amendment to the Agreement with Chen Moore to increase the total amount of compensation for Fiscal Year 2024 to $80,000; and WHEREAS, through the adoption of Resolution No. 2024-60, the Village Council approved a Second Amendment to the Agreement with Chen Moore to again increase the total amount of compensation for Fiscal Year 2024 to $125,000; and WHEREAS, due to additional work performed by Chen Moore for interim planning services because of organizational and departmental restructuring, Village Staff is seeking an increase to the compensation paid during Fiscal Year 2025 to $150,000, necessitating a Third Amendment to the Agreement; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Third Amendment to the Professional Services Agreement with Chen Moore & Associates, Inc. to increase the total amount of compensation during Fiscal Year 2025 to $150,000.00, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the Third Amendment on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2024. (Village Seal) MAYOR Page 2 of 2 ATTEST: VILLAGE CLERK THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (Planning Services) THIS THIRD AMENDMENT is entered on this _____ day of _____________, 2024, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and Chen Moore & Associates, Inc., a Florida corporation (“Consultant”). RECITALS WHEREAS, on August 24, 2023, the Village entered into a Professional Services Agreement with Chen Moore & Associates, Inc. (“Chen Moore”) for general Planning Services (“Agreement”) and capped the total amount of compensation at $50,000 per fiscal year; and WHEREAS, on January 11, 2024, the Village executed an Amendment to the Agreement to increase the total amount of compensation payable for Fiscal Year 2024 to $80,000; and WHEREAS, on July 18, 2024, the Village executed a Second Amendment to the Agreement to increase the amount of compensation payable for Fiscal Year 2024 to $125,000; and WHEREAS, due to additional work performed by Chen Moore for interim planning services because of organizational and departmental restructuring, the parties wish to increase the total amount of compensation for Fiscal Year 2025 to cover the cost of this additional work. NOW, THEREFORE, in consideration of the promises and mutual covenants contained in the Agreement, as amended, the sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. Section 5(a) of the Agreement is hereby amended to increase the total amount of compensation payable by the Village to Consultant for Fiscal Year 2025 to One Hundred and Fifty Thousand Dollars and No Cents ($150,000.00). 3. All other provisions of the Agreement, to the extent not expressly modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Third Amendment to the Professional Services Agreement (Planning Services) as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONSULTANT: CHEN MOORE & ASSOCIATES, INC. By: __________________________________ Print Name: Title: RESOLUTION 2024-01 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,FLORIDA APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CHEN MOORE & ASSOCIATES,INC.TO INCREASE THE TOTAL AMOUNT OF COMPENSATION FOR FISCAL YEAR 2024 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AMENDMENT;PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,through the adoption,of Resolution No.2023-65,the Village Council authorized the Village Manager to execute an Agreement for Professional (Planning)Services with six firms,including Chen Moore &Associates,Inc.,in an amount not to exceed $50,000.00 during any single fiscal year;and WHEREAS,the Village is required to update its Comprehensive Plan,and Village Staff recommended retaining the services of Chen Moore to prepare the updates at a total cost of $80,000;and WHEREAS,these services require both an increase in the total compensation payable by the Village to Chen Moore &Associates,Inc.during Fiscal Year 2024 and a corresponding Amendment to the Agreement;and WHEREAS,the Village Council determines that the adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. NOW,THEREFORE,BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,FLORIDA as follows: Section 1.The foregoing recitals are ratified as tme and incorporated herein. Section 2. Agreement with Chen Moore &Associates,Inc.to increase the total amount of compensation during Fiscal Year 2024, a copy of which is attached hereto and incorporated herein,and authorizes the Village Manager to execute the Amendment on behalf of the Village.The total compensation paid pursuant to the Amendment during Fiscal Year 2024 shall not exceed $80,000.00. The Village Council hereby approves an Amendment to the Professional Services Section 3. to the extent of such conflict. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed Section 4.This Resolution shall be effective immediately upon adoption. TfflS 11™DAY OF JANUARY,2024.P %ov MAYOR●vO●Vi●●●●●●* :★ ERK DocuSign Envelope ID;5883EB45-2A50-4DB7-B7CF-08C29E2A6AAC AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (Planning Services) THIS AMENDMENT is entered on this 11th day of January,2024,by and between the Village of North Palm Beach,a Florida municipal corporation (“Village”)and Chen Moore &Associates,Inc.,a Florida corporation (“Consultant”). RECITALS WHEREAS,on August 24,2023,the Village entered into a Professional Services Agreement with Chen Moore &Associates,Inc.(“Chen Moore”)for general Planning Services (“Agreement”);and WHEREAS,the Agreement capped the total amount of compensation at $50,000 per fiscal year;and WHEREAS,due to work that will be performed by Chen Moore relating to Amendments to the Village’s Comprehensive Plan, the parties wish to increase the total amount of compensation to cover the cost of the anticipated cost of the Comprehensive Plan Amendments and related tasks. NOW,THEREFORE,in consideration of the promises and mutual covenants contained in the Agreement,as amended,the sufficiency of which is hereby aclmowledged by the parties,the Village and the Consultant agree as follows: The foregoing recitals are ratified and incorporated herein.1. Section 5(a)of the Agreement is hereby amended to increase the total amount of compensation payable by the Village to Consultant for Fiscal Year 2024 to Eighty Thousand Dollars and No Cents ($80,000.00). 2. All other provisions of the Agreement,to the extent not expressly modified herein,shall remain in full3. force and effect. IN WITNESS WHEREOF,the parties hereto have made and executed this Amendment to the Professional Services Agreement (Planning Services)as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: DocuSIgned by: OjjmLBy:Charles b.SutS"^itlage Manager CONSULTANT: CHEN MOORJL4„^SQiPlATES,INC. JdSL i- Print Namer^^^‘*t“^''«^osta Title: By: Executive vice President Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT Planning Services) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered on 24th day of August, 2023, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and Chen Moore & Associates, Inc., a Florida corporation (“Consultant”). RECITALS WHEREAS, the Village issued a Request for Proposals for General Planning Services (“RFP”), and Consultant submitted a Proposal in response to the RFP; and WHEREAS, the Village wishes to retain the services of Consultant, and Consultant has agreed to provide General Planning Services to the Village in accordance with its Proposal and pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree as follows: SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into this Agreement as true and correct statements. SECTION 2: CONSULTANT’S SERVICES AND COMPENSATION. The Consultant shall provide General Planning Services to the Village on an as needed, non-exclusive basis as directed by the Community Development Director and as described in the RFP for General Planning Services. Both the RFP and Consultant’s Proposal are hereby incorporated herein by reference. The Village shall compensate Consultant for services performed in accordance with the rate schedule attached hereto as Exhibit “A” and incorporated herein by reference. In accordance with a request for services on special projects from the Community Development Director, Consultant will prepare a work order authorization including a specific scope of work and fee for services which shall be submitted to and approved by the Community Development Director prior to any work being conducted. Direct costs may be reimbursed by the Village if approved in advance by the Community Development Director, and invoiced without markup. SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of employer or employee is created by this Agreement, it being understood that Consultant will act hereunder as an independent contractor and none of Consultant’s, officers, directors, employees, independent contractors, representatives, or agents performing services for Consultant pursuant to this Agreement shall have any claim under this Agreement or otherwise against the Village for compensation of any kind under this Agreement. The relationship between the Village and Consultant is that of independent contractors, and neither shall be considered a joint venturer, partner, employee, agent, representative or other relationship of the other for any purpose expressly or by implication. SECTION 4: TERM, TIME, AND TERMINATION. a. Term. The term of this Agreement shall commence upon the approval of this Agreement by the Village and shall continue for a five (5) year term or until either party terminates this Agreement as set forth herein. This Agreement may be extended for two (2) additional one-year terms upon mutual consent of Consultant and the Village Manager and approval by the Village Council. b. Time for Completion. Time is of the essence in the performance of this Agreement. Upon direction from the Community Development Director, Consultant shall at all times carry out its duties and responsibilities as expeditiously as possible. DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 2 of 9 c. Force Majeure. Neither party hereto shall be liable for its failure to perform hereunder due to any circumstances beyond its reasonable control, such as acts of God, wars, riots, national emergencies, sabotage, strikes, labor disputes, accidents, and governmental laws, ordinances, rules, or regulations. The Consultant or Village may suspend its performance under this Agreement as a result of a force majeure without being in default of this Agreement, but upon the removal of such force majeure, the Consultant or Village shall resume its performance as soon as is reasonably possible. Upon the Consultant’s request, the Village shall consider the facts and extent of any failure to perform the services and, if the Consultant’s failure to perform was without its or its subconsultants’ fault or negligence, the schedule and/or any other affected provision of this Agreement may be revised accordingly, subject to the Village’s rights to change, terminate, or stop any or all of the services at any time. No extension shall be made for delay occurring more than three (3) days before a notice of delay or claim therefore is made in writing to the Village. In the case of continuing cause of delay, only one (1) notice of delay or claim is necessary. d. Termination. Either party may terminate this Agreement at any time with or without cause by giving not less than ten (10) days’ written notice of termination. e. Early Termination. If this Agreement is terminated before the completion of all services by the Consultant, the Consultant shall: 1. Stop services on the date and to the extent specified including without limitation services of any subconsultants; and 2. Transfer all work in progress, completed work, and other materials related to the terminated services to the Village in the format acceptable to Village. f. Effect of Termination. Termination of this Agreement shall not affect any rights, obligations, and liabilities of the parties arising out of transactions which occurred prior to termination. Notwithstanding the foregoing, the parties acknowledge and agree that the Village is a municipal corporation and political subdivision of the state of Florida, and as such, this Agreement is subject to budgeting and appropriation by the Village of funds sufficient to pay the costs associated herewith in any fiscal year of the Village. Notwithstanding anything in this Agreement to the contrary, in the event that no funds are appropriated or budgeted by the Village’s governing board in any fiscal year to pay the costs associated with the Village’s obligations under this Agreement, or in the event the funds budgeted or appropriated are, or are estimated by the Village to be, insufficient to pay the costs associated with the Village’s obligations hereunder in any fiscal period, then the Village will notify Consultant of such occurrence and either the Village or Consultant may terminate this Agreement by notifying the other in writing, which notice shall specify a date of termination no earlier than twenty-four (24) hours after giving of such notice. Termination in accordance with the preceding sentence shall be without penalty or expense to the Village of any kind whatsoever; however, Village shall pay Consultant for all services performed under this Agreement through the date of termination. SECTION 5: COMPENSATION. a. Payments. The Village agrees to compensate the Consultant in accordance with the rate schedule set forth in Exhibit “A.” The total compensation payable by the Village to Consultant during any fiscal year shall not exceed Fifty Thousand Dollars ($50,000.00). The Village shall not reimburse the Consultant for any additional costs incurred as a direct or indirect result of Consultant providing services to the Village under this Agreement which exceed the amount set forth above, unless prior written approval has been obtained by the Consultant. b. Invoices. Consultant shall render monthly invoices to the Village for services that have been rendered in conformity with this Agreement in the previous month. The invoices shall specify the DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 3 of 9 services performed and the time spent on the same. All reimbursable expenses shall also be clearly identified on the invoice with supporting documentation. Invoices will normally be paid within thirty (30) days following the Village’s receipt of the Consultant’s invoice. SECTION 6: INDEMNIFICATION. a. The Consultant, its officers, employees and agents shall indemnify and hold harmless the Village, including 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 the Consultant and other persons employed or utilized by the Consultant in the performance of the services under this Agreement. The Village agrees to be responsible for its own negligence. b. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Village or the Consultant, nor shall this Agreement be construed as a waiver of sovereign immunity for the Village beyond the waiver provided in section 768.28, Florida Statutes. SECTION 7: COMPLIANCE AND DISQUALIFICATION. Each of the parties agrees to perform its responsibilities under this Agreement in conformance with all laws, regulations and administrative instructions that relate to the parties’ performance of this Agreement. SECTION 8: PERSONNEL. The Consultant represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Village. All of the services required hereunder shall be performed by the Consultant or under its supervision, and all personnel engaged in performing the services shall be fully qualified and authorized or permitted under federal, state, and local law to perform such services. SECTION 9: SUB-CONSULTANTS. The Village reserves the right to accept the use of a sub-consultant or to reject the selection of a particular sub-consultant and approve all qualifications of any sub-consultant in order to make a determination as to the capability of the sub-consultant to perform properly under this Agreement. All sub-consultants providing professional services to the Consultant under this Agreement will also be required to provide their own insurance coverage identical to those contained in this Agreement. In the event that a sub-consultant does not have insurance or does not meet the insurance limits as stated in this Agreement, the Consultant shall indemnify and hold harmless the Village for any claim in excess of the sub-consultant’s insurance coverage, arising out of the negligent acts, errors, or omissions of the sub-consultant. The Consultant shall not charge an administrative fee or surcharge on any sub-consultant’s services; all sub-consultant costs shall be a direct pass-through cost to the Village. SECTION 10: FEDERAL AND STATE TAX. The Village is exempt from payment of Florida State Sales and Use Tax. The Consultant is not authorized to use the Village’s Tax Exemption Number. SECTION 11: INSURANCE. a. Prior to commencing any services, the Consultant shall provide proof of insurance coverage as required hereunder. Such insurance policy(s) shall be issued by the United States Treasury or insurance carriers approved and authorized to do business in the State of Florida, and who must have a rating of no less than “excellent” by A.M. Best or as mutually agreed upon by the Village and the Consultant. All such insurance policies may not be modified or terminated without the express written authorization of the Village. DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 4 of 9 Type of Coverage Amount of Coverage Professional liability/ $1,000,000 per occurrence Errors and Omissions Commercial general liability $1, 000,000 per occurrence Products/completed operations Contractual, insurance broad form property, Independent Consultant, personal injury) $2,000,000 annual aggregate Automobile (owned, non-owned, & hired) $500,000 per occurrence Worker’s Compensation $ statutory limits b. The commercial general liability and automobile policies will name the Village as an additional insured and proof of all insurance coverage shall be furnished to the Village by way of an endorsement to same or certificate of insurance prior to the provision of services. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification as required for strict compliance with this section. Failure to comply with the foregoing requirements shall not relieve Consultant of its liability and obligations under this Agreement. c. Consultant hereby waives any and all rights to subrogation against the Village, 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 Consultant shall agree to 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 a condition to the policy specifically prohibits such an endorsement, or voids coverage should Consultant enter into such an agreement on a pre-loss basis. SECTION 12: SUCCESSORS AND ASSIGNS. The Village and the Consultant each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as agreed in writing by all parties, this Agreement is not assignable. SECTION 13: GOVERNING LAW, VENUE AND REMEDIES. 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. 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 or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 14: WAIVER OF JURY TRIAL. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. SECTION 15: ACCESS AND AUDITS. The Consultant shall maintain adequate records to justify all payments made by the Village under this Agreement for at least three (3) years after completion of this Agreement and longer if required by applicable federal or state law. The Village shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the Consultant’s place of business. In no circumstances will Consultant be required to disclose any confidential or proprietary information regarding its products and service costs. DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 5 of 9 SECTION 16: NONDISCRIMINATION. The Consultant warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. SECTION 17: AUTHORITY TO PRACTICE. The Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the services required under this Agreement, and that it will at all times conduct its business and provide the services under this Agreement in a reputable manner. Proof of such licenses and approvals shall be submitted to the Village upon request. SECTION 18: 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 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 19: CONVICTED VENDOR LIST/BOYCOTT OF ISRAEL. As provided in section 287.135, Florida Statutes, the Consultant certifies that it and any authorized sub-consultants are not participating in a boycott of Israel. The Consultant further certifies that it and its affiliates have not been placed on the Convicted Vendor List under section 287.133, Florida Statutes. The Village and the Consultant agree that the Village shall have the right to immediately terminate this Agreement if the Consultant, its authorized sub-consultants or affiliates are placed on the Scrutinized Companies that Boycott Israel List, are engaged in a boycott of Israel, or are placed on the Convicted Vendor List maintained by the State of Florida. SECTION 20: NOTICE. All notices required in this Agreement shall be sent by hand-delivery, certified mail (RRR), or by nationally recognized overnight courier, and if sent to the VILLAGE shall be sent to: Village of North Palm Beach Attn: Village Manager 501 US Highway 1 North Palm Beach, FL 33408 and if sent to the Consultant, shall be sent to: Chen Moore & Associates, Inc. Attn: Nilsa Zacarias, AICP 500 Australian Avenue South, Suite 850 West Palm Beach, FL 33401 The foregoing names and addresses may be changed if such change is provided in writing to the other party. Notice shall be deemed given upon receipt. SECTION 21: ENTIRETY OF AGREEMENT. The Village and the 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 22: 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 23: PREPARATION AND NON-EXCLUSIVE. This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. This is a non- DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 6 of 9 exclusive Agreement and the Village reserves the right to contract with individuals or firms to provide the same or similar services. SECTION 24: MATERIALITY. All provisions of the Agreement shall be deemed material. In the event Consultant fails to comply with any of the provisions contained in this Agreement or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Agreement and Village may at its option provide notice to the Consultant to terminate for cause. SECTION 25: LEGAL EFFECT. This Agreement shall not become binding and effective until approved by the Village. The Effective Date is the date this Agreement is executed by the Village. SECTION 26: NOTICE OF COMPLAINTS, SUITS, AND REGULATORY VIOLATIONS. Each party will promptly notify the other of any complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Each party agrees to cooperate with the other in any investigation either may conduct, the defense of any claim or suit in which either party is named, and shall do nothing to impair or invalidate any applicable insurance coverage. SECTION 27: 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. SECTION 28: COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties as of the effective date at such time as all the signatories hereto have signed a counterpart of this Agreement. SECTION 29: PALM BEACH COUNTY IG. In accordance with Palm Beach County ordinance number 2011-009, the CONSULTANT acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONSULTANT has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. SECTION 30: AGREEMENT DOCUMENTS AND CONTROLLING PROVISIONS. This Agreement consists of this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. The parties agree to be bound by all the terms and conditions set forth in the aforementioned documents. To the extent that there exists a conflict among the terms of the documents, such conflict shall be resolved in the following Order: this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. SECTION 31: OWNERSHIP OF DELIVERABLES. The deliverables, work product, specifications, calculations, supporting documents, or other work products prepared by Consultant pursuant to this Agreement shall become the property of the Village upon delivery. The Consultant may keep copies or samples thereof and shall have the right to use the same. The Village accepts sole responsibility for the reuse of any such documents in a manner other than as initially intended or for any use of incomplete documents. SECTION 32: REPRESENTATIONS AND BINDING AUTHORITY. By signing this Agreement, on behalf of the Consultant, the undersigned hereby represents to the Village that he or she has the authority and full legal power to execute this Agreement and any and all documents necessary to effectuate and implement the terms of this Agreement on behalf of the Consultant for whom he or she is signing and to bind and obligate such party with respect to all provisions contained in this Agreement. DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 7 of 9 SECTION 33: PUBLIC RECORDS. The Consultant shall comply with Florida’s Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the Village as provided under section 119.011(2), Florida Statutes, specifically agrees to: a) Keep and maintain public records required by the Village to perform the service. b) Upon request from the Village’s custodian of public records or designee, provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if the Consultant does not transfer the records to the Village. d) Upon completion of this Agreement, transfer, at no cost, to the Village all public records in possession of the Consultant or keep and maintain public records required by the Village to perform the service. If the Consultant transfers all public records to the Village upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Village, upon request from the Village’s custodian of public records or designee, in a format that is compatible with the information technology systems of the Village. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE VILLAGE OF NORTH PALM BEACH AT: 561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. SECTION 34: NO THIRD-PARTY BENEFICIARIES. There are no third party beneficiaries under this Agreement. SECTION 35: E-VERIFY. The Consultant warrants and represents that Consultant and all sub-consultants are in compliance with Section 448.095, Florida Statutes, as may be amended. The Consultant has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each sub-consultant stating that the sub-consultant does not employ, contract with or subcontract with an unauthorized alien. If the Village has a good faith belief that the Consultant has knowingly violated Section 448.09(1), Florida Statutes, the Village shall terminate this Agreement pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the Village has a good faith belief that a sub-consultant has knowingly violated Section 448.09(1), Florida Statutes, but the Consultant has otherwise complied, it shall notify the Consultant, and the Consultant shall immediately terminate its agreement with the sub-consultant. DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Professional Services Agreement (Consulting Services for planning and zoning review services) as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONSULTANT: CHEN MOORE & ASSOCIATES, INC. By: __________________________________ Print Name: Cristobal Betancourt Title: Vice President DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 RESOLUTION 2024-60 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CHEN MOORE & ASSOCIATES, INC. TO INCREASE THE TOTAL AMOUNT OF COMPENSATION FOR FISCAL YEAR 2024 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SECOND AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2023-65, the Village Council authorized the Village Manager to execute an Agreement for Professional (Planning) Services with six firms, including Chen Moore & Associates, Inc., in an amount not to exceed $50,000.00 during any single fiscal year; and WHEREAS, through the adoption of Resolution No. 2024-01, the Village Council approved an Amendment to the Agreement with Chen Moore to increase the total amount of compensation for Fiscal Year 2024 to $80,000; and WHEREAS, due to additional work performed by Chen Moore relating to the EAR Amendments to the Village's Comprehensive Plan and the provision of interim planning services, Village Staff is seeking an additional increase to the compensation paid during Fiscal Year 2024 to $125,000, necessitating a Second Amendment to the Agreement; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents of the Village of North Palm Beach. C NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Second Amendment to the Professional Services Agreement with Chen Moore & Associates, Inc. to increase the total amount of compensation during Fiscal Year 2024 to $125,000.00, a copy of which is attached hereto and incorporated herein, and authorizes the Village Manager to execute the Second Amendment on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PA OPTED THIS 18TH DAY OF JULY, 2024. Ilan@l A 'o° MAYOR GE CLERK SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Planning Services) THIS SECOND AMENDMENT is entered on this 18th day of July, 2024, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and Chen Moore & Associates, Inc., a Florida corporation (“Consultant”). RECITALS WHEREAS, on August 24, 2023, the Village entered into a Professional Services Agreement with Chen Moore & Associates, Inc. (“Chen Moore”) for general Planning Services (“Agreement”) and capped the total amount of compensation at $50,000 per fiscal year; and WHEREAS, on January 11, 2024, the Village executed an Amendment to the Agreement to increase the total amount of compensation payable for Fiscal Year 2024 to $80,000; and WHEREAS, due to additional work performed by Chen Moore relating to Amendments to the Village’s Comprehensive Plan and the provision of interim planning services, the parties wish to again increase the total amount of compensation to cover the cost of this additional work. NOW, THEREFORE, in consideration of the promises and mutual covenants contained in the Agreement, as amended, the sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. Section 5(a) of the Agreement is hereby amended to increase the total amount of compensation payable by the Village to Consultant for Fiscal Year 2024 to One Hundred and Twenty-Five Thousand Dollars and No Cents ($125,000.00). 3. All other provisions of the Agreement, to the extent not expressly modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Second Amendment to the Professional Services Agreement (Planning Services) as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONSULTANT: CHEN MOORE & ASSOCIATES, INC. By: __________________________________ Print Name: Title: Docusign Envelope ID: E2FFF2A5-916F-4F58-9CB7-18E61AB0772B Jose L. Acosta Executive Vice President Docusign Envelope ID: F7831116-23B6-4102-B6E4-E8D68D5149D9 RESOLUTION 2023-65 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING PROPOSALS FROM SELECTED FIRMS TO PROVIDE GENERAL PLANNING SERVICES TO THE VILLAGE ON AN AS NEEDED BASIS AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE PROFESSIONAL SERVICES CONSULTING AGREEMENTS WITH THE SELECTED FIRMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff issued a Request for Proposals ("RFP") for General Planning Services, which shall include, but not be limited to: Zoning Code text amendments; Comprehensive Plan Amendments; Planning Studies; Development Application review; Architectural Services; Traffic Engineering Services; LEED and Sustainability Services; Graphic Design Services; Economic Development Planning Services; and Landscape Design Plan Review and Inspection Services; and WHEREAS, the Village received seven proposals in response to the RFP, and the Selection Committee recommended executing non-exclusive Professional Services Consulting Agreements with six of the firms; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein. Section 2. The Village Council hereby accepts the Proposals for General Planning Services submitted by the following firms: Chen Moore and Associates, Inc.; WGI, Inc.; JMorton Planning & Landscape Architecture, Inc.; Calvin, Giordano & Associates, Inc.; Marlin Engineering, Inc.; and Inspire Placemaking Collective, Inc. The Village Council further authorizes the Village Manager to execute five (5) year non-exclusive Professional Services Consulting Agreements with each of the firms in an amount not to exceed $50,000 during any single fiscal year, subject to review by the Village Attorney as to form and legal sufficiency. Section 3. This Resolution shall take effect immediately upon adoption. PASSEVOWADOPTED THIS 24TH DAY OF AUGUST 2023. OR. 0: FLORIDA age Seal) . Ir ATTEST' EPUT ILLAGE CLERK Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT Planning Services) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered on 24th day of August, 2023, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and Inspire Placemaking Collective, Inc., a Florida corporation (“Consultant”). RECITALS WHEREAS, the Village issued a Request for Proposals for General Planning Services (“RFP”), and Consultant submitted a Proposal in response to the RFP; and WHEREAS, the Village wishes to retain the services of Consultant, and Consultant has agreed to provide General Planning Services to the Village in accordance with its Proposal and pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree as follows: SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into this Agreement as true and correct statements. SECTION 2: CONSULTANT’S SERVICES AND COMPENSATION. The Consultant shall provide General Planning Services to the Village on an as needed, non-exclusive basis as directed by the Community Development Director and as described in the RFP for General Planning Services. Both the RFP and Consultant’s Proposal are hereby incorporated herein by reference. The Village shall compensate Consultant for services performed in accordance with the rate schedule attached hereto as Exhibit “A” and incorporated herein by reference. In accordance with a request for services on special projects from the Community Development Director, Consultant will prepare a work order authorization including a specific scope of work and fee for services which shall be submitted to and approved by the Community Development Director prior to any work being conducted. Direct costs may be reimbursed by the Village if approved in advance by the Community Development Director, and invoiced without markup. SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of employer or employee is created by this Agreement, it being understood that Consultant will act hereunder as an independent contractor and none of Consultant’s, officers, directors, employees, independent contractors, representatives, or agents performing services for Consultant pursuant to this Agreement shall have any claim under this Agreement or otherwise against the Village for compensation of any kind under this Agreement. The relationship between the Village and Consultant is that of independent contractors, and neither shall be considered a joint venturer, partner, employee, agent, representative or other relationship of the other for any purpose expressly or by implication. SECTION 4: TERM, TIME, AND TERMINATION. a. Term. The term of this Agreement shall commence upon the approval of this Agreement by the Village and shall continue for a five (5) year term or until either party terminates this Agreement as set forth herein. This Agreement may be extended for two (2) additional one-year terms upon mutual consent of Consultant and the Village Manager and approval by the Village Council. b. Time for Completion. Time is of the essence in the performance of this Agreement. Upon direction from the Community Development Director, Consultant shall at all times carry out its duties and responsibilities as expeditiously as possible. DocuSign Envelope ID: F0E853E0-25AF-4EC1-B59B-3642D2EB9B8E Page 2 of 9 c. Force Majeure. Neither party hereto shall be liable for its failure to perform hereunder due to any circumstances beyond its reasonable control, such as acts of God, wars, riots, national emergencies, sabotage, strikes, labor disputes, accidents, and governmental laws, ordinances, rules, or regulations. The Consultant or Village may suspend its performance under this Agreement as a result of a force majeure without being in default of this Agreement, but upon the removal of such force majeure, the Consultant or Village shall resume its performance as soon as is reasonably possible. Upon the Consultant’s request, the Village shall consider the facts and extent of any failure to perform the services and, if the Consultant’s failure to perform was without its or its subconsultants’ fault or negligence, the schedule and/or any other affected provision of this Agreement may be revised accordingly, subject to the Village’s rights to change, terminate, or stop any or all of the services at any time. No extension shall be made for delay occurring more than three (3) days before a notice of delay or claim therefore is made in writing to the Village. In the case of continuing cause of delay, only one (1) notice of delay or claim is necessary. d. Termination. Either party may terminate this Agreement at any time with or without cause by giving not less than ten (10) days’ written notice of termination. e. Early Termination. If this Agreement is terminated before the completion of all services by the Consultant, the Consultant shall: 1. Stop services on the date and to the extent specified including without limitation services of any subconsultants; and 2. Transfer all work in progress, completed work, and other materials related to the terminated services to the Village in the format acceptable to Village. f. Effect of Termination. Termination of this Agreement shall not affect any rights, obligations, and liabilities of the parties arising out of transactions which occurred prior to termination. Notwithstanding the foregoing, the parties acknowledge and agree that the Village is a municipal corporation and political subdivision of the state of Florida, and as such, this Agreement is subject to budgeting and appropriation by the Village of funds sufficient to pay the costs associated herewith in any fiscal year of the Village. Notwithstanding anything in this Agreement to the contrary, in the event that no funds are appropriated or budgeted by the Village’s governing board in any fiscal year to pay the costs associated with the Village’s obligations under this Agreement, or in the event the funds budgeted or appropriated are, or are estimated by the Village to be, insufficient to pay the costs associated with the Village’s obligations hereunder in any fiscal period, then the Village will notify Consultant of such occurrence and either the Village or Consultant may terminate this Agreement by notifying the other in writing, which notice shall specify a date of termination no earlier than twenty-four (24) hours after giving of such notice. Termination in accordance with the preceding sentence shall be without penalty or expense to the Village of any kind whatsoever; however, Village shall pay Consultant for all services performed under this Agreement through the date of termination. SECTION 5: COMPENSATION. a. Payments. The Village agrees to compensate the Consultant in accordance with the rate schedule set forth in Exhibit “A.” The total compensation payable by the Village to Consultant during any fiscal year shall not exceed Fifty Thousand Dollars ($50,000.00). The Village shall not reimburse the Consultant for any additional costs incurred as a direct or indirect result of Consultant providing services to the Village under this Agreement which exceed the amount set forth above, unless prior written approval has been obtained by the Consultant. b. Invoices. Consultant shall render monthly invoices to the Village for services that have been rendered in conformity with this Agreement in the previous month. The invoices shall specify the DocuSign Envelope ID: F0E853E0-25AF-4EC1-B59B-3642D2EB9B8E Page 3 of 9 services performed and the time spent on the same. All reimbursable expenses shall also be clearly identified on the invoice with supporting documentation. Invoices will normally be paid within thirty (30) days following the Village’s receipt of the Consultant’s invoice. SECTION 6: INDEMNIFICATION. a. The Consultant, its officers, employees and agents shall indemnify and hold harmless the Village, including 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 the Consultant and other persons employed or utilized by the Consultant in the performance of the services under this Agreement. The Village agrees to be responsible for its own negligence. b. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Village or the Consultant, nor shall this Agreement be construed as a waiver of sovereign immunity for the Village beyond the waiver provided in section 768.28, Florida Statutes. SECTION 7: COMPLIANCE AND DISQUALIFICATION. Each of the parties agrees to perform its responsibilities under this Agreement in conformance with all laws, regulations and administrative instructions that relate to the parties’ performance of this Agreement. SECTION 8: PERSONNEL. The Consultant represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Village. All of the services required hereunder shall be performed by the Consultant or under its supervision, and all personnel engaged in performing the services shall be fully qualified and authorized or permitted under federal, state, and local law to perform such services. SECTION 9: SUB-CONSULTANTS. The Village reserves the right to accept the use of a sub-consultant or to reject the selection of a particular sub-consultant and approve all qualifications of any sub-consultant in order to make a determination as to the capability of the sub-consultant to perform properly under this Agreement. All sub-consultants providing professional services to the Consultant under this Agreement will also be required to provide their own insurance coverage identical to those contained in this Agreement. In the event that a sub-consultant does not have insurance or does not meet the insurance limits as stated in this Agreement, the Consultant shall indemnify and hold harmless the Village for any claim in excess of the sub-consultant’s insurance coverage, arising out of the negligent acts, errors, or omissions of the sub-consultant. The Consultant shall not charge an administrative fee or surcharge on any sub-consultant’s services; all sub-consultant costs shall be a direct pass-through cost to the Village. SECTION 10: FEDERAL AND STATE TAX. The Village is exempt from payment of Florida State Sales and Use Tax. The Consultant is not authorized to use the Village’s Tax Exemption Number. SECTION 11: INSURANCE. a. Prior to commencing any services, the Consultant shall provide proof of insurance coverage as required hereunder. Such insurance policy(s) shall be issued by the United States Treasury or insurance carriers approved and authorized to do business in the State of Florida, and who must have a rating of no less than “excellent” by A.M. Best or as mutually agreed upon by the Village and the Consultant. All such insurance policies may not be modified or terminated without the express written authorization of the Village. DocuSign Envelope ID: F0E853E0-25AF-4EC1-B59B-3642D2EB9B8E Page 4 of 9 Type of Coverage Amount of Coverage Professional liability/ $1,000,000 per occurrence Errors and Omissions Commercial general liability $1, 000,000 per occurrence Products/completed operations Contractual, insurance broad form property, Independent Consultant, personal injury) $2,000,000 annual aggregate Automobile (owned, non-owned, & hired) $500,000 per occurrence Worker’s Compensation $ statutory limits b. The commercial general liability and automobile policies will name the Village as an additional insured and proof of all insurance coverage shall be furnished to the Village by way of an endorsement to same or certificate of insurance prior to the provision of services. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification as required for strict compliance with this section. Failure to comply with the foregoing requirements shall not relieve Consultant of its liability and obligations under this Agreement. c. Consultant hereby waives any and all rights to subrogation against the Village, 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 Consultant shall agree to 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 a condition to the policy specifically prohibits such an endorsement, or voids coverage should Consultant enter into such an agreement on a pre-loss basis. SECTION 12: SUCCESSORS AND ASSIGNS. The Village and the Consultant each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as agreed in writing by all parties, this Agreement is not assignable. SECTION 13: GOVERNING LAW, VENUE AND REMEDIES. 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. 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 or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 14: WAIVER OF JURY TRIAL. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. SECTION 15: ACCESS AND AUDITS. The Consultant shall maintain adequate records to justify all payments made by the Village under this Agreement for at least three (3) years after completion of this Agreement and longer if required by applicable federal or state law. The Village shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the Consultant’s place of business. In no circumstances will Consultant be required to disclose any confidential or proprietary information regarding its products and service costs. DocuSign Envelope ID: F0E853E0-25AF-4EC1-B59B-3642D2EB9B8E Page 5 of 9 SECTION 16: NONDISCRIMINATION. The Consultant warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. SECTION 17: AUTHORITY TO PRACTICE. The Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the services required under this Agreement, and that it will at all times conduct its business and provide the services under this Agreement in a reputable manner. Proof of such licenses and approvals shall be submitted to the Village upon request. SECTION 18: 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 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 19: CONVICTED VENDOR LIST/BOYCOTT OF ISRAEL. As provided in section 287.135, Florida Statutes, the Consultant certifies that it and any authorized sub-consultants are not participating in a boycott of Israel. The Consultant further certifies that it and its affiliates have not been placed on the Convicted Vendor List under section 287.133, Florida Statutes. The Village and the Consultant agree that the Village shall have the right to immediately terminate this Agreement if the Consultant, its authorized sub-consultants or affiliates are placed on the Scrutinized Companies that Boycott Israel List, are engaged in a boycott of Israel, or are placed on the Convicted Vendor List maintained by the State of Florida. SECTION 20: NOTICE. All notices required in this Agreement shall be sent by hand-delivery, certified mail (RRR), or by nationally recognized overnight courier, and if sent to the VILLAGE shall be sent to: Village of North Palm Beach Attn: Village Manager 501 US Highway 1 North Palm Beach, FL 33408 and if sent to the Consultant, shall be sent to: Inspire Placemaking Collective, Inc. Attn: George Kramer, President 4767 New Broad Street Orlando, FL 32814 The foregoing names and addresses may be changed if such change is provided in writing to the other party. Notice shall be deemed given upon receipt. SECTION 21: ENTIRETY OF AGREEMENT. The Village and the 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 22: 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 23: PREPARATION AND NON-EXCLUSIVE. This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. This is a non- DocuSign Envelope ID: F0E853E0-25AF-4EC1-B59B-3642D2EB9B8E Page 6 of 9 exclusive Agreement and the Village reserves the right to contract with individuals or firms to provide the same or similar services. SECTION 24: MATERIALITY. All provisions of the Agreement shall be deemed material. In the event Consultant fails to comply with any of the provisions contained in this Agreement or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Agreement and Village may at its option provide notice to the Consultant to terminate for cause. SECTION 25: LEGAL EFFECT. This Agreement shall not become binding and effective until approved by the Village. The Effective Date is the date this Agreement is executed by the Village. SECTION 26: NOTICE OF COMPLAINTS, SUITS, AND REGULATORY VIOLATIONS. Each party will promptly notify the other of any complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Each party agrees to cooperate with the other in any investigation either may conduct, the defense of any claim or suit in which either party is named, and shall do nothing to impair or invalidate any applicable insurance coverage. SECTION 27: 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. SECTION 28: COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties as of the effective date at such time as all the signatories hereto have signed a counterpart of this Agreement. SECTION 29: PALM BEACH COUNTY IG. In accordance with Palm Beach County ordinance number 2011-009, the CONSULTANT acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONSULTANT has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. SECTION 30: AGREEMENT DOCUMENTS AND CONTROLLING PROVISIONS. This Agreement consists of this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. The parties agree to be bound by all the terms and conditions set forth in the aforementioned documents. To the extent that there exists a conflict among the terms of the documents, such conflict shall be resolved in the following Order: this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. SECTION 31: OWNERSHIP OF DELIVERABLES. The deliverables, work product, specifications, calculations, supporting documents, or other work products prepared by Consultant pursuant to this Agreement shall become the property of the Village upon delivery. The Consultant may keep copies or samples thereof and shall have the right to use the same. The Village accepts sole responsibility for the reuse of any such documents in a manner other than as initially intended or for any use of incomplete documents. SECTION 32: REPRESENTATIONS AND BINDING AUTHORITY. By signing this Agreement, on behalf of the Consultant, the undersigned hereby represents to the Village that he or she has the authority and full legal power to execute this Agreement and any and all documents necessary to effectuate and implement the terms of this Agreement on behalf of the Consultant for whom he or she is signing and to bind and obligate such party with respect to all provisions contained in this Agreement. DocuSign Envelope ID: F0E853E0-25AF-4EC1-B59B-3642D2EB9B8E Page 7 of 9 SECTION 33: PUBLIC RECORDS. The Consultant shall comply with Florida’s Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the Village as provided under section 119.011(2), Florida Statutes, specifically agrees to: a) Keep and maintain public records required by the Village to perform the service. b) Upon request from the Village’s custodian of public records or designee, provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if the Consultant does not transfer the records to the Village. d) Upon completion of this Agreement, transfer, at no cost, to the Village all public records in possession of the Consultant or keep and maintain public records required by the Village to perform the service. If the Consultant transfers all public records to the Village upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Village, upon request from the Village’s custodian of public records or designee, in a format that is compatible with the information technology systems of the Village. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE VILLAGE OF NORTH PALM BEACH AT: 561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. SECTION 34: NO THIRD-PARTY BENEFICIARIES. There are no third party beneficiaries under this Agreement. SECTION 35: E-VERIFY. The Consultant warrants and represents that Consultant and all sub-consultants are in compliance with Section 448.095, Florida Statutes, as may be amended. The Consultant has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each sub-consultant stating that the sub-consultant does not employ, contract with or subcontract with an unauthorized alien. If the Village has a good faith belief that the Consultant has knowingly violated Section 448.09(1), Florida Statutes, the Village shall terminate this Agreement pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the Village has a good faith belief that a sub-consultant has knowingly violated Section 448.09(1), Florida Statutes, but the Consultant has otherwise complied, it shall notify the Consultant, and the Consultant shall immediately terminate its agreement with the sub-consultant. DocuSign Envelope ID: F0E853E0-25AF-4EC1-B59B-3642D2EB9B8E Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Professional Services Agreement (Consulting Services for planning and zoning review services) as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONSULTANT: INSPIRE PLACEMAKING COLLECTIVE, INC. By: __________________________________ Print Name: George Kramer Title: President DocuSign Envelope ID: F0E853E0-25AF-4EC1-B59B-3642D2EB9B8E Page 9 of 9 EXHIBIT “A” DocuSign Envelope ID: F0E853E0-25AF-4EC1-B59B-3642D2EB9B8E Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT Planning Services) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered on 24th day of August, 2023, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and JMorton Planning & Landscape Architecture, Inc., a Florida corporation (“Consultant”). RECITALS WHEREAS, the Village issued a Request for Proposals for General Planning Services (“RFP”), and Consultant submitted a Proposal in response to the RFP; and WHEREAS, the Village wishes to retain the services of Consultant, and Consultant has agreed to provide General Planning Services to the Village in accordance with its Proposal and pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree as follows: SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into this Agreement as true and correct statements. SECTION 2: CONSULTANT’S SERVICES AND COMPENSATION. The Consultant shall provide General Planning Services to the Village on an as needed, non-exclusive basis as directed by the Community Development Director and as described in the RFP for General Planning Services. Both the RFP and Consultant’s Proposal are hereby incorporated herein by reference. The Village shall compensate Consultant for services performed in accordance with the rate schedule attached hereto as Exhibit “A” and incorporated herein by reference. In accordance with a request for services on special projects from the Community Development Director, Consultant will prepare a work order authorization including a specific scope of work and fee for services which shall be submitted to and approved by the Community Development Director prior to any work being conducted. Direct costs may be reimbursed by the Village if approved in advance by the Community Development Director, and invoiced without markup. SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of employer or employee is created by this Agreement, it being understood that Consultant will act hereunder as an independent contractor and none of Consultant’s, officers, directors, employees, independent contractors, representatives, or agents performing services for Consultant pursuant to this Agreement shall have any claim under this Agreement or otherwise against the Village for compensation of any kind under this Agreement. The relationship between the Village and Consultant is that of independent contractors, and neither shall be considered a joint venturer, partner, employee, agent, representative or other relationship of the other for any purpose expressly or by implication. SECTION 4: TERM, TIME, AND TERMINATION. a. Term. The term of this Agreement shall commence upon the approval of this Agreement by the Village and shall continue for a five (5) year term or until either party terminates this Agreement as set forth herein. This Agreement may be extended for two (2) additional one-year terms upon mutual consent of Consultant and the Village Manager and approval by the Village Council. b. Time for Completion. Time is of the essence in the performance of this Agreement. Upon direction from the Community Development Director, Consultant shall at all times carry out its duties and responsibilities as expeditiously as possible. DocuSign Envelope ID: 70801887-007C-4530-8A2B-91EDF79ADD79 Page 2 of 9 c. Force Majeure. Neither party hereto shall be liable for its failure to perform hereunder due to any circumstances beyond its reasonable control, such as acts of God, wars, riots, national emergencies, sabotage, strikes, labor disputes, accidents, and governmental laws, ordinances, rules, or regulations. The Consultant or Village may suspend its performance under this Agreement as a result of a force majeure without being in default of this Agreement, but upon the removal of such force majeure, the Consultant or Village shall resume its performance as soon as is reasonably possible. Upon the Consultant’s request, the Village shall consider the facts and extent of any failure to perform the services and, if the Consultant’s failure to perform was without its or its subconsultants’ fault or negligence, the schedule and/or any other affected provision of this Agreement may be revised accordingly, subject to the Village’s rights to change, terminate, or stop any or all of the services at any time. No extension shall be made for delay occurring more than three (3) days before a notice of delay or claim therefore is made in writing to the Village. In the case of continuing cause of delay, only one (1) notice of delay or claim is necessary. d. Termination. Either party may terminate this Agreement at any time with or without cause by giving not less than ten (10) days’ written notice of termination. e. Early Termination. If this Agreement is terminated before the completion of all services by the Consultant, the Consultant shall: 1. Stop services on the date and to the extent specified including without limitation services of any subconsultants; and 2. Transfer all work in progress, completed work, and other materials related to the terminated services to the Village in the format acceptable to Village. f. Effect of Termination. Termination of this Agreement shall not affect any rights, obligations, and liabilities of the parties arising out of transactions which occurred prior to termination. Notwithstanding the foregoing, the parties acknowledge and agree that the Village is a municipal corporation and political subdivision of the state of Florida, and as such, this Agreement is subject to budgeting and appropriation by the Village of funds sufficient to pay the costs associated herewith in any fiscal year of the Village. Notwithstanding anything in this Agreement to the contrary, in the event that no funds are appropriated or budgeted by the Village’s governing board in any fiscal year to pay the costs associated with the Village’s obligations under this Agreement, or in the event the funds budgeted or appropriated are, or are estimated by the Village to be, insufficient to pay the costs associated with the Village’s obligations hereunder in any fiscal period, then the Village will notify Consultant of such occurrence and either the Village or Consultant may terminate this Agreement by notifying the other in writing, which notice shall specify a date of termination no earlier than twenty-four (24) hours after giving of such notice. Termination in accordance with the preceding sentence shall be without penalty or expense to the Village of any kind whatsoever; however, Village shall pay Consultant for all services performed under this Agreement through the date of termination. SECTION 5: COMPENSATION. a. Payments. The Village agrees to compensate the Consultant in accordance with the rate schedule set forth in Exhibit “A.” The total compensation payable by the Village to Consultant during any fiscal year shall not exceed Fifty Thousand Dollars ($50,000.00). The Village shall not reimburse the Consultant for any additional costs incurred as a direct or indirect result of Consultant providing services to the Village under this Agreement which exceed the amount set forth above, unless prior written approval has been obtained by the Consultant. b. Invoices. Consultant shall render monthly invoices to the Village for services that have been rendered in conformity with this Agreement in the previous month. The invoices shall specify the DocuSign Envelope ID: 70801887-007C-4530-8A2B-91EDF79ADD79 Page 3 of 9 services performed and the time spent on the same. All reimbursable expenses shall also be clearly identified on the invoice with supporting documentation. Invoices will normally be paid within thirty (30) days following the Village’s receipt of the Consultant’s invoice. SECTION 6: INDEMNIFICATION. a. The Consultant, its officers, employees and agents shall indemnify and hold harmless the Village, including 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 the Consultant and other persons employed or utilized by the Consultant in the performance of the services under this Agreement. The Village agrees to be responsible for its own negligence. b. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Village or the Consultant, nor shall this Agreement be construed as a waiver of sovereign immunity for the Village beyond the waiver provided in section 768.28, Florida Statutes. SECTION 7: COMPLIANCE AND DISQUALIFICATION. Each of the parties agrees to perform its responsibilities under this Agreement in conformance with all laws, regulations and administrative instructions that relate to the parties’ performance of this Agreement. SECTION 8: PERSONNEL. The Consultant represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Village. All of the services required hereunder shall be performed by the Consultant or under its supervision, and all personnel engaged in performing the services shall be fully qualified and authorized or permitted under federal, state, and local law to perform such services. SECTION 9: SUB-CONSULTANTS. The Village reserves the right to accept the use of a sub-consultant or to reject the selection of a particular sub-consultant and approve all qualifications of any sub-consultant in order to make a determination as to the capability of the sub-consultant to perform properly under this Agreement. All sub-consultants providing professional services to the Consultant under this Agreement will also be required to provide their own insurance coverage identical to those contained in this Agreement. In the event that a sub-consultant does not have insurance or does not meet the insurance limits as stated in this Agreement, the Consultant shall indemnify and hold harmless the Village for any claim in excess of the sub-consultant’s insurance coverage, arising out of the negligent acts, errors, or omissions of the sub-consultant. The Consultant shall not charge an administrative fee or surcharge on any sub-consultant’s services; all sub-consultant costs shall be a direct pass-through cost to the Village. SECTION 10: FEDERAL AND STATE TAX. The Village is exempt from payment of Florida State Sales and Use Tax. The Consultant is not authorized to use the Village’s Tax Exemption Number. SECTION 11: INSURANCE. a. Prior to commencing any services, the Consultant shall provide proof of insurance coverage as required hereunder. Such insurance policy(s) shall be issued by the United States Treasury or insurance carriers approved and authorized to do business in the State of Florida, and who must have a rating of no less than “excellent” by A.M. Best or as mutually agreed upon by the Village and the Consultant. All such insurance policies may not be modified or terminated without the express written authorization of the Village. DocuSign Envelope ID: 70801887-007C-4530-8A2B-91EDF79ADD79 Page 4 of 9 Type of Coverage Amount of Coverage Professional liability/ $1,000,000 per occurrence Errors and Omissions Commercial general liability $1, 000,000 per occurrence Products/completed operations Contractual, insurance broad form property, Independent Consultant, personal injury) $2,000,000 annual aggregate Automobile (owned, non-owned, & hired) $500,000 per occurrence Worker’s Compensation $ statutory limits b. The commercial general liability and automobile policies will name the Village as an additional insured and proof of all insurance coverage shall be furnished to the Village by way of an endorsement to same or certificate of insurance prior to the provision of services. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification as required for strict compliance with this section. Failure to comply with the foregoing requirements shall not relieve Consultant of its liability and obligations under this Agreement. c. Consultant hereby waives any and all rights to subrogation against the Village, 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 Consultant shall agree to 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 a condition to the policy specifically prohibits such an endorsement, or voids coverage should Consultant enter into such an agreement on a pre-loss basis. SECTION 12: SUCCESSORS AND ASSIGNS. The Village and the Consultant each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as agreed in writing by all parties, this Agreement is not assignable. SECTION 13: GOVERNING LAW, VENUE AND REMEDIES. 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. 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 or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 14: WAIVER OF JURY TRIAL. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. SECTION 15: ACCESS AND AUDITS. The Consultant shall maintain adequate records to justify all payments made by the Village under this Agreement for at least three (3) years after completion of this Agreement and longer if required by applicable federal or state law. The Village shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the Consultant’s place of business. In no circumstances will Consultant be required to disclose any confidential or proprietary information regarding its products and service costs. DocuSign Envelope ID: 70801887-007C-4530-8A2B-91EDF79ADD79 Page 5 of 9 SECTION 16: NONDISCRIMINATION. The Consultant warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. SECTION 17: AUTHORITY TO PRACTICE. The Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the services required under this Agreement, and that it will at all times conduct its business and provide the services under this Agreement in a reputable manner. Proof of such licenses and approvals shall be submitted to the Village upon request. SECTION 18: 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 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 19: CONVICTED VENDOR LIST/BOYCOTT OF ISRAEL. As provided in section 287.135, Florida Statutes, the Consultant certifies that it and any authorized sub-consultants are not participating in a boycott of Israel. The Consultant further certifies that it and its affiliates have not been placed on the Convicted Vendor List under section 287.133, Florida Statutes. The Village and the Consultant agree that the Village shall have the right to immediately terminate this Agreement if the Consultant, its authorized sub-consultants or affiliates are placed on the Scrutinized Companies that Boycott Israel List, are engaged in a boycott of Israel, or are placed on the Convicted Vendor List maintained by the State of Florida. SECTION 20: NOTICE. All notices required in this Agreement shall be sent by hand-delivery, certified mail (RRR), or by nationally recognized overnight courier, and if sent to the VILLAGE shall be sent to: Village of North Palm Beach Attn: Village Manager 501 US Highway 1 North Palm Beach, FL 33408 and if sent to the Consultant, shall be sent to: JMorton Planning & Landscape Architecture, Inc. Attn: Jennifer L. Morton, President 3910 RCA Boulevard, Suite 1015 Palm Beach Gardens, FL 33410 The foregoing names and addresses may be changed if such change is provided in writing to the other party. Notice shall be deemed given upon receipt. SECTION 21: ENTIRETY OF AGREEMENT. The Village and the 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 22: 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 23: PREPARATION AND NON-EXCLUSIVE. This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. This is a non- DocuSign Envelope ID: 70801887-007C-4530-8A2B-91EDF79ADD79 Page 6 of 9 exclusive Agreement and the Village reserves the right to contract with individuals or firms to provide the same or similar services. SECTION 24: MATERIALITY. All provisions of the Agreement shall be deemed material. In the event Consultant fails to comply with any of the provisions contained in this Agreement or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Agreement and Village may at its option provide notice to the Consultant to terminate for cause. SECTION 25: LEGAL EFFECT. This Agreement shall not become binding and effective until approved by the Village. The Effective Date is the date this Agreement is executed by the Village. SECTION 26: NOTICE OF COMPLAINTS, SUITS, AND REGULATORY VIOLATIONS. Each party will promptly notify the other of any complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Each party agrees to cooperate with the other in any investigation either may conduct, the defense of any claim or suit in which either party is named, and shall do nothing to impair or invalidate any applicable insurance coverage. SECTION 27: 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. SECTION 28: COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties as of the effective date at such time as all the signatories hereto have signed a counterpart of this Agreement. SECTION 29: PALM BEACH COUNTY IG. In accordance with Palm Beach County ordinance number 2011-009, the CONSULTANT acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONSULTANT has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. SECTION 30: AGREEMENT DOCUMENTS AND CONTROLLING PROVISIONS. This Agreement consists of this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. The parties agree to be bound by all the terms and conditions set forth in the aforementioned documents. To the extent that there exists a conflict among the terms of the documents, such conflict shall be resolved in the following Order: this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. SECTION 31: OWNERSHIP OF DELIVERABLES. The deliverables, work product, specifications, calculations, supporting documents, or other work products prepared by Consultant pursuant to this Agreement shall become the property of the Village upon delivery. The Consultant may keep copies or samples thereof and shall have the right to use the same. The Village accepts sole responsibility for the reuse of any such documents in a manner other than as initially intended or for any use of incomplete documents. SECTION 32: REPRESENTATIONS AND BINDING AUTHORITY. By signing this Agreement, on behalf of the Consultant, the undersigned hereby represents to the Village that he or she has the authority and full legal power to execute this Agreement and any and all documents necessary to effectuate and implement the terms of this Agreement on behalf of the Consultant for whom he or she is signing and to bind and obligate such party with respect to all provisions contained in this Agreement. DocuSign Envelope ID: 70801887-007C-4530-8A2B-91EDF79ADD79 Page 7 of 9 SECTION 33: PUBLIC RECORDS. The Consultant shall comply with Florida’s Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the Village as provided under section 119.011(2), Florida Statutes, specifically agrees to: a) Keep and maintain public records required by the Village to perform the service. b) Upon request from the Village’s custodian of public records or designee, provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if the Consultant does not transfer the records to the Village. d) Upon completion of this Agreement, transfer, at no cost, to the Village all public records in possession of the Consultant or keep and maintain public records required by the Village to perform the service. If the Consultant transfers all public records to the Village upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Village, upon request from the Village’s custodian of public records or designee, in a format that is compatible with the information technology systems of the Village. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE VILLAGE OF NORTH PALM BEACH AT: 561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. SECTION 34: NO THIRD-PARTY BENEFICIARIES. There are no third party beneficiaries under this Agreement. SECTION 35: E-VERIFY. The Consultant warrants and represents that Consultant and all sub-consultants are in compliance with Section 448.095, Florida Statutes, as may be amended. The Consultant has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each sub-consultant stating that the sub-consultant does not employ, contract with or subcontract with an unauthorized alien. If the Village has a good faith belief that the Consultant has knowingly violated Section 448.09(1), Florida Statutes, the Village shall terminate this Agreement pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the Village has a good faith belief that a sub-consultant has knowingly violated Section 448.09(1), Florida Statutes, but the Consultant has otherwise complied, it shall notify the Consultant, and the Consultant shall immediately terminate its agreement with the sub-consultant. DocuSign Envelope ID: 70801887-007C-4530-8A2B-91EDF79ADD79 Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Professional Services Agreement (Consulting Services for planning and zoning review services) as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONSULTANT: JMORTON PLANNING & LANDSCAPE ARCHITECTURE, INC. By: __________________________________ Print Name: Jennifer L. Morton Title: President DocuSign Envelope ID: 70801887-007C-4530-8A2B-91EDF79ADD79 Page 9 of 9 EXHIBIT “A” DocuSign Envelope ID: 70801887-007C-4530-8A2B-91EDF79ADD79 Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT Planning Services) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered on 24th day of August, 2023, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and Marlin Engineering, Inc., a Florida corporation (“Consultant”). RECITALS WHEREAS, the Village issued a Request for Proposals for General Planning Services (“RFP”), and Consultant submitted a Proposal in response to the RFP; and WHEREAS, the Village wishes to retain the services of Consultant, and Consultant has agreed to provide General Planning Services to the Village in accordance with its Proposal and pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree as follows: SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into this Agreement as true and correct statements. SECTION 2: CONSULTANT’S SERVICES AND COMPENSATION. The Consultant shall provide General Planning Services to the Village on an as needed, non-exclusive basis as directed by the Community Development Director and as described in the RFP for General Planning Services. Both the RFP and Consultant’s Proposal are hereby incorporated herein by reference. The Village shall compensate Consultant for services performed in accordance with the rate schedule attached hereto as Exhibit “A” and incorporated herein by reference. In accordance with a request for services on special projects from the Community Development Director, Consultant will prepare a work order authorization including a specific scope of work and fee for services which shall be submitted to and approved by the Community Development Director prior to any work being conducted. Direct costs may be reimbursed by the Village if approved in advance by the Community Development Director, and invoiced without markup. SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of employer or employee is created by this Agreement, it being understood that Consultant will act hereunder as an independent contractor and none of Consultant’s, officers, directors, employees, independent contractors, representatives, or agents performing services for Consultant pursuant to this Agreement shall have any claim under this Agreement or otherwise against the Village for compensation of any kind under this Agreement. The relationship between the Village and Consultant is that of independent contractors, and neither shall be considered a joint venturer, partner, employee, agent, representative or other relationship of the other for any purpose expressly or by implication. SECTION 4: TERM, TIME, AND TERMINATION. a. Term. The term of this Agreement shall commence upon the approval of this Agreement by the Village and shall continue for a five (5) year term or until either party terminates this Agreement as set forth herein. This Agreement may be extended for two (2) additional one-year terms upon mutual consent of Consultant and the Village Manager and approval by the Village Council. b. Time for Completion. Time is of the essence in the performance of this Agreement. Upon direction from the Community Development Director, Consultant shall at all times carry out its duties and responsibilities as expeditiously as possible. DocuSign Envelope ID: 712B2DE9-BC00-4D8E-9E0A-87E32F57BECE Page 2 of 9 c. Force Majeure. Neither party hereto shall be liable for its failure to perform hereunder due to any circumstances beyond its reasonable control, such as acts of God, wars, riots, national emergencies, sabotage, strikes, labor disputes, accidents, and governmental laws, ordinances, rules, or regulations. The Consultant or Village may suspend its performance under this Agreement as a result of a force majeure without being in default of this Agreement, but upon the removal of such force majeure, the Consultant or Village shall resume its performance as soon as is reasonably possible. Upon the Consultant’s request, the Village shall consider the facts and extent of any failure to perform the services and, if the Consultant’s failure to perform was without its or its subconsultants’ fault or negligence, the schedule and/or any other affected provision of this Agreement may be revised accordingly, subject to the Village’s rights to change, terminate, or stop any or all of the services at any time. No extension shall be made for delay occurring more than three (3) days before a notice of delay or claim therefore is made in writing to the Village. In the case of continuing cause of delay, only one (1) notice of delay or claim is necessary. d. Termination. Either party may terminate this Agreement at any time with or without cause by giving not less than ten (10) days’ written notice of termination. e. Early Termination. If this Agreement is terminated before the completion of all services by the Consultant, the Consultant shall: 1. Stop services on the date and to the extent specified including without limitation services of any subconsultants; and 2. Transfer all work in progress, completed work, and other materials related to the terminated services to the Village in the format acceptable to Village. f. Effect of Termination. Termination of this Agreement shall not affect any rights, obligations, and liabilities of the parties arising out of transactions which occurred prior to termination. Notwithstanding the foregoing, the parties acknowledge and agree that the Village is a municipal corporation and political subdivision of the state of Florida, and as such, this Agreement is subject to budgeting and appropriation by the Village of funds sufficient to pay the costs associated herewith in any fiscal year of the Village. Notwithstanding anything in this Agreement to the contrary, in the event that no funds are appropriated or budgeted by the Village’s governing board in any fiscal year to pay the costs associated with the Village’s obligations under this Agreement, or in the event the funds budgeted or appropriated are, or are estimated by the Village to be, insufficient to pay the costs associated with the Village’s obligations hereunder in any fiscal period, then the Village will notify Consultant of such occurrence and either the Village or Consultant may terminate this Agreement by notifying the other in writing, which notice shall specify a date of termination no earlier than twenty-four (24) hours after giving of such notice. Termination in accordance with the preceding sentence shall be without penalty or expense to the Village of any kind whatsoever; however, Village shall pay Consultant for all services performed under this Agreement through the date of termination. SECTION 5: COMPENSATION. a. Payments. The Village agrees to compensate the Consultant in accordance with the rate schedule set forth in Exhibit “A.” The total compensation payable by the Village to Consultant during any fiscal year shall not exceed Fifty Thousand Dollars ($50,000.00). The Village shall not reimburse the Consultant for any additional costs incurred as a direct or indirect result of Consultant providing services to the Village under this Agreement which exceed the amount set forth above, unless prior written approval has been obtained by the Consultant. b. Invoices. Consultant shall render monthly invoices to the Village for services that have been rendered in conformity with this Agreement in the previous month. The invoices shall specify the DocuSign Envelope ID: 712B2DE9-BC00-4D8E-9E0A-87E32F57BECE Page 3 of 9 services performed and the time spent on the same. All reimbursable expenses shall also be clearly identified on the invoice with supporting documentation. Invoices will normally be paid within thirty (30) days following the Village’s receipt of the Consultant’s invoice. SECTION 6: INDEMNIFICATION. a. The Consultant, its officers, employees and agents shall indemnify and hold harmless the Village, including 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 the Consultant and other persons employed or utilized by the Consultant in the performance of the services under this Agreement. The Village agrees to be responsible for its own negligence. b. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Village or the Consultant, nor shall this Agreement be construed as a waiver of sovereign immunity for the Village beyond the waiver provided in section 768.28, Florida Statutes. SECTION 7: COMPLIANCE AND DISQUALIFICATION. Each of the parties agrees to perform its responsibilities under this Agreement in conformance with all laws, regulations and administrative instructions that relate to the parties’ performance of this Agreement. SECTION 8: PERSONNEL. The Consultant represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Village. All of the services required hereunder shall be performed by the Consultant or under its supervision, and all personnel engaged in performing the services shall be fully qualified and authorized or permitted under federal, state, and local law to perform such services. SECTION 9: SUB-CONSULTANTS. The Village reserves the right to accept the use of a sub-consultant or to reject the selection of a particular sub-consultant and approve all qualifications of any sub-consultant in order to make a determination as to the capability of the sub-consultant to perform properly under this Agreement. All sub-consultants providing professional services to the Consultant under this Agreement will also be required to provide their own insurance coverage identical to those contained in this Agreement. In the event that a sub-consultant does not have insurance or does not meet the insurance limits as stated in this Agreement, the Consultant shall indemnify and hold harmless the Village for any claim in excess of the sub-consultant’s insurance coverage, arising out of the negligent acts, errors, or omissions of the sub-consultant. The Consultant shall not charge an administrative fee or surcharge on any sub-consultant’s services; all sub-consultant costs shall be a direct pass-through cost to the Village. SECTION 10: FEDERAL AND STATE TAX. The Village is exempt from payment of Florida State Sales and Use Tax. The Consultant is not authorized to use the Village’s Tax Exemption Number. SECTION 11: INSURANCE. a. Prior to commencing any services, the Consultant shall provide proof of insurance coverage as required hereunder. Such insurance policy(s) shall be issued by the United States Treasury or insurance carriers approved and authorized to do business in the State of Florida, and who must have a rating of no less than “excellent” by A.M. Best or as mutually agreed upon by the Village and the Consultant. All such insurance policies may not be modified or terminated without the express written authorization of the Village. DocuSign Envelope ID: 712B2DE9-BC00-4D8E-9E0A-87E32F57BECE Page 4 of 9 Type of Coverage Amount of Coverage Professional liability/ $1,000,000 per occurrence Errors and Omissions Commercial general liability $1, 000,000 per occurrence Products/completed operations Contractual, insurance broad form property, Independent Consultant, personal injury) $2,000,000 annual aggregate Automobile (owned, non-owned, & hired) $500,000 per occurrence Worker’s Compensation $ statutory limits b. The commercial general liability and automobile policies will name the Village as an additional insured and proof of all insurance coverage shall be furnished to the Village by way of an endorsement to same or certificate of insurance prior to the provision of services. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification as required for strict compliance with this section. Failure to comply with the foregoing requirements shall not relieve Consultant of its liability and obligations under this Agreement. c. Consultant hereby waives any and all rights to subrogation against the Village, 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 Consultant shall agree to 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 a condition to the policy specifically prohibits such an endorsement, or voids coverage should Consultant enter into such an agreement on a pre-loss basis. SECTION 12: SUCCESSORS AND ASSIGNS. The Village and the Consultant each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as agreed in writing by all parties, this Agreement is not assignable. SECTION 13: GOVERNING LAW, VENUE AND REMEDIES. 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. 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 or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 14: WAIVER OF JURY TRIAL. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. SECTION 15: ACCESS AND AUDITS. The Consultant shall maintain adequate records to justify all payments made by the Village under this Agreement for at least three (3) years after completion of this Agreement and longer if required by applicable federal or state law. The Village shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the Consultant’s place of business. In no circumstances will Consultant be required to disclose any confidential or proprietary information regarding its products and service costs. DocuSign Envelope ID: 712B2DE9-BC00-4D8E-9E0A-87E32F57BECE Page 5 of 9 SECTION 16: NONDISCRIMINATION. The Consultant warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. SECTION 17: AUTHORITY TO PRACTICE. The Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the services required under this Agreement, and that it will at all times conduct its business and provide the services under this Agreement in a reputable manner. Proof of such licenses and approvals shall be submitted to the Village upon request. SECTION 18: 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 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 19: CONVICTED VENDOR LIST/BOYCOTT OF ISRAEL. As provided in section 287.135, Florida Statutes, the Consultant certifies that it and any authorized sub-consultants are not participating in a boycott of Israel. The Consultant further certifies that it and its affiliates have not been placed on the Convicted Vendor List under section 287.133, Florida Statutes. The Village and the Consultant agree that the Village shall have the right to immediately terminate this Agreement if the Consultant, its authorized sub-consultants or affiliates are placed on the Scrutinized Companies that Boycott Israel List, are engaged in a boycott of Israel, or are placed on the Convicted Vendor List maintained by the State of Florida. SECTION 20: NOTICE. All notices required in this Agreement shall be sent by hand-delivery, certified mail (RRR), or by nationally recognized overnight courier, and if sent to the VILLAGE shall be sent to: Village of North Palm Beach Attn: Village Manager 501 US Highway 1 North Palm Beach, FL 33408 and if sent to the Consultant, shall be sent to: Marlin Engineering, Inc. Attn: Walter Keller, PE, AICP 10415 Riverside Drive, Suite 101 Palm Beach Gardens, FL 33410 The foregoing names and addresses may be changed if such change is provided in writing to the other party. Notice shall be deemed given upon receipt. SECTION 21: ENTIRETY OF AGREEMENT. The Village and the 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 22: 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 23: PREPARATION AND NON-EXCLUSIVE. This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. This is a non- DocuSign Envelope ID: 712B2DE9-BC00-4D8E-9E0A-87E32F57BECE Page 6 of 9 exclusive Agreement and the Village reserves the right to contract with individuals or firms to provide the same or similar services. SECTION 24: MATERIALITY. All provisions of the Agreement shall be deemed material. In the event Consultant fails to comply with any of the provisions contained in this Agreement or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Agreement and Village may at its option provide notice to the Consultant to terminate for cause. SECTION 25: LEGAL EFFECT. This Agreement shall not become binding and effective until approved by the Village. The Effective Date is the date this Agreement is executed by the Village. SECTION 26: NOTICE OF COMPLAINTS, SUITS, AND REGULATORY VIOLATIONS. Each party will promptly notify the other of any complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Each party agrees to cooperate with the other in any investigation either may conduct, the defense of any claim or suit in which either party is named, and shall do nothing to impair or invalidate any applicable insurance coverage. SECTION 27: 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. SECTION 28: COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties as of the effective date at such time as all the signatories hereto have signed a counterpart of this Agreement. SECTION 29: PALM BEACH COUNTY IG. In accordance with Palm Beach County ordinance number 2011-009, the CONSULTANT acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONSULTANT has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. SECTION 30: AGREEMENT DOCUMENTS AND CONTROLLING PROVISIONS. This Agreement consists of this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. The parties agree to be bound by all the terms and conditions set forth in the aforementioned documents. To the extent that there exists a conflict among the terms of the documents, such conflict shall be resolved in the following Order: this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. SECTION 31: OWNERSHIP OF DELIVERABLES. The deliverables, work product, specifications, calculations, supporting documents, or other work products prepared by Consultant pursuant to this Agreement shall become the property of the Village upon delivery. The Consultant may keep copies or samples thereof and shall have the right to use the same. The Village accepts sole responsibility for the reuse of any such documents in a manner other than as initially intended or for any use of incomplete documents. SECTION 32: REPRESENTATIONS AND BINDING AUTHORITY. By signing this Agreement, on behalf of the Consultant, the undersigned hereby represents to the Village that he or she has the authority and full legal power to execute this Agreement and any and all documents necessary to effectuate and implement the terms of this Agreement on behalf of the Consultant for whom he or she is signing and to bind and obligate such party with respect to all provisions contained in this Agreement. DocuSign Envelope ID: 712B2DE9-BC00-4D8E-9E0A-87E32F57BECE Page 7 of 9 SECTION 33: PUBLIC RECORDS. The Consultant shall comply with Florida’s Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the Village as provided under section 119.011(2), Florida Statutes, specifically agrees to: a) Keep and maintain public records required by the Village to perform the service. b) Upon request from the Village’s custodian of public records or designee, provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if the Consultant does not transfer the records to the Village. d) Upon completion of this Agreement, transfer, at no cost, to the Village all public records in possession of the Consultant or keep and maintain public records required by the Village to perform the service. If the Consultant transfers all public records to the Village upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Village, upon request from the Village’s custodian of public records or designee, in a format that is compatible with the information technology systems of the Village. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE VILLAGE OF NORTH PALM BEACH AT: 561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. SECTION 34: NO THIRD-PARTY BENEFICIARIES. There are no third party beneficiaries under this Agreement. SECTION 35: E-VERIFY. The Consultant warrants and represents that Consultant and all sub-consultants are in compliance with Section 448.095, Florida Statutes, as may be amended. The Consultant has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each sub-consultant stating that the sub-consultant does not employ, contract with or subcontract with an unauthorized alien. If the Village has a good faith belief that the Consultant has knowingly violated Section 448.09(1), Florida Statutes, the Village shall terminate this Agreement pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the Village has a good faith belief that a sub-consultant has knowingly violated Section 448.09(1), Florida Statutes, but the Consultant has otherwise complied, it shall notify the Consultant, and the Consultant shall immediately terminate its agreement with the sub-consultant. DocuSign Envelope ID: 712B2DE9-BC00-4D8E-9E0A-87E32F57BECE Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Professional Services Agreement (Consulting Services for planning and zoning review services) as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONSULTANT: MARLIN ENGINEERING, INC. By: __________________________________ Print Name: Jeffrey Weidner Title: Vice President DocuSign Envelope ID: 712B2DE9-BC00-4D8E-9E0A-87E32F57BECE Page 9 of 9 EXHIBIT “A” DocuSign Envelope ID: 712B2DE9-BC00-4D8E-9E0A-87E32F57BECE Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT Planning Services) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered on 24th day of August, 2023, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and WGI, Inc., a Florida corporation (“Consultant”). RECITALS WHEREAS, the Village issued a Request for Proposals for General Planning Services (“RFP”), and Consultant submitted a Proposal in response to the RFP; and WHEREAS, the Village wishes to retain the services of Consultant, and Consultant has agreed to provide General Planning Services to the Village in accordance with its Proposal and pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree as follows: SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into this Agreement as true and correct statements. SECTION 2: CONSULTANT’S SERVICES AND COMPENSATION. The Consultant shall provide General Planning Services to the Village on an as needed, non-exclusive basis as directed by the Community Development Director and as described in the RFP for General Planning Services. Both the RFP and Consultant’s Proposal are hereby incorporated herein by reference. The Village shall compensate Consultant for services performed in accordance with the rate schedule attached hereto as Exhibit “A” and incorporated herein by reference. In accordance with a request for services on special projects from the Community Development Director, Consultant will prepare a work order authorization including a specific scope of work and fee for services which shall be submitted to and approved by the Community Development Director prior to any work being conducted. Direct costs may be reimbursed by the Village if approved in advance by the Community Development Director, and invoiced without markup. SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of employer or employee is created by this Agreement, it being understood that Consultant will act hereunder as an independent contractor and none of Consultant’s, officers, directors, employees, independent contractors, representatives, or agents performing services for Consultant pursuant to this Agreement shall have any claim under this Agreement or otherwise against the Village for compensation of any kind under this Agreement. The relationship between the Village and Consultant is that of independent contractors, and neither shall be considered a joint venturer, partner, employee, agent, representative or other relationship of the other for any purpose expressly or by implication. SECTION 4: TERM, TIME, AND TERMINATION. a. Term. The term of this Agreement shall commence upon the approval of this Agreement by the Village and shall continue for a five (5) year term or until either party terminates this Agreement as set forth herein. This Agreement may be extended for two (2) additional one-year terms upon mutual consent of Consultant and the Village Manager and approval by the Village Council. b. Time for Completion. Time is of the essence in the performance of this Agreement. Upon direction from the Community Development Director, Consultant shall at all times carry out its duties and responsibilities as expeditiously as possible. DocuSign Envelope ID: C3720D8A-0C25-4AA8-841B-E4797CEBAA7F Page 2 of 9 c. Force Majeure. Neither party hereto shall be liable for its failure to perform hereunder due to any circumstances beyond its reasonable control, such as acts of God, wars, riots, national emergencies, sabotage, strikes, labor disputes, accidents, and governmental laws, ordinances, rules, or regulations. The Consultant or Village may suspend its performance under this Agreement as a result of a force majeure without being in default of this Agreement, but upon the removal of such force majeure, the Consultant or Village shall resume its performance as soon as is reasonably possible. Upon the Consultant’s request, the Village shall consider the facts and extent of any failure to perform the services and, if the Consultant’s failure to perform was without its or its subconsultants’ fault or negligence, the schedule and/or any other affected provision of this Agreement may be revised accordingly, subject to the Village’s rights to change, terminate, or stop any or all of the services at any time. No extension shall be made for delay occurring more than three (3) days before a notice of delay or claim therefore is made in writing to the Village. In the case of continuing cause of delay, only one (1) notice of delay or claim is necessary. d. Termination. Either party may terminate this Agreement at any time with or without cause by giving not less than ten (10) days’ written notice of termination. e. Early Termination. If this Agreement is terminated before the completion of all services by the Consultant, the Consultant shall: 1. Stop services on the date and to the extent specified including without limitation services of any subconsultants; and 2. Transfer all work in progress, completed work, and other materials related to the terminated services to the Village in the format acceptable to Village. f. Effect of Termination. Termination of this Agreement shall not affect any rights, obligations, and liabilities of the parties arising out of transactions which occurred prior to termination. Notwithstanding the foregoing, the parties acknowledge and agree that the Village is a municipal corporation and political subdivision of the state of Florida, and as such, this Agreement is subject to budgeting and appropriation by the Village of funds sufficient to pay the costs associated herewith in any fiscal year of the Village. Notwithstanding anything in this Agreement to the contrary, in the event that no funds are appropriated or budgeted by the Village’s governing board in any fiscal year to pay the costs associated with the Village’s obligations under this Agreement, or in the event the funds budgeted or appropriated are, or are estimated by the Village to be, insufficient to pay the costs associated with the Village’s obligations hereunder in any fiscal period, then the Village will notify Consultant of such occurrence and either the Village or Consultant may terminate this Agreement by notifying the other in writing, which notice shall specify a date of termination no earlier than twenty-four (24) hours after giving of such notice. Termination in accordance with the preceding sentence shall be without penalty or expense to the Village of any kind whatsoever; however, Village shall pay Consultant for all services performed under this Agreement through the date of termination. SECTION 5: COMPENSATION. a. Payments. The Village agrees to compensate the Consultant in accordance with the rate schedule set forth in Exhibit “A.” The total compensation payable by the Village to Consultant during any fiscal year shall not exceed Fifty Thousand Dollars ($50,000.00). The Village shall not reimburse the Consultant for any additional costs incurred as a direct or indirect result of Consultant providing services to the Village under this Agreement which exceed the amount set forth above, unless prior written approval has been obtained by the Consultant. b. Invoices. Consultant shall render monthly invoices to the Village for services that have been rendered in conformity with this Agreement in the previous month. The invoices shall specify the DocuSign Envelope ID: C3720D8A-0C25-4AA8-841B-E4797CEBAA7F Page 3 of 9 services performed and the time spent on the same. All reimbursable expenses shall also be clearly identified on the invoice with supporting documentation. Invoices will normally be paid within thirty (30) days following the Village’s receipt of the Consultant’s invoice. SECTION 6: INDEMNIFICATION. a. The Consultant, its officers, employees and agents shall indemnify and hold harmless the Village, including 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 the Consultant and other persons employed or utilized by the Consultant in the performance of the services under this Agreement. The Village agrees to be responsible for its own negligence. b. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Village or the Consultant, nor shall this Agreement be construed as a waiver of sovereign immunity for the Village beyond the waiver provided in section 768.28, Florida Statutes. SECTION 7: COMPLIANCE AND DISQUALIFICATION. Each of the parties agrees to perform its responsibilities under this Agreement in conformance with all laws, regulations and administrative instructions that relate to the parties’ performance of this Agreement. SECTION 8: PERSONNEL. The Consultant represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Village. All of the services required hereunder shall be performed by the Consultant or under its supervision, and all personnel engaged in performing the services shall be fully qualified and authorized or permitted under federal, state, and local law to perform such services. SECTION 9: SUB-CONSULTANTS. The Village reserves the right to accept the use of a sub-consultant or to reject the selection of a particular sub-consultant and approve all qualifications of any sub-consultant in order to make a determination as to the capability of the sub-consultant to perform properly under this Agreement. All sub-consultants providing professional services to the Consultant under this Agreement will also be required to provide their own insurance coverage identical to those contained in this Agreement. In the event that a sub-consultant does not have insurance or does not meet the insurance limits as stated in this Agreement, the Consultant shall indemnify and hold harmless the Village for any claim in excess of the sub-consultant’s insurance coverage, arising out of the negligent acts, errors, or omissions of the sub-consultant. The Consultant shall not charge an administrative fee or surcharge on any sub-consultant’s services; all sub-consultant costs shall be a direct pass-through cost to the Village. SECTION 10: FEDERAL AND STATE TAX. The Village is exempt from payment of Florida State Sales and Use Tax. The Consultant is not authorized to use the Village’s Tax Exemption Number. SECTION 11: INSURANCE. a. Prior to commencing any services, the Consultant shall provide proof of insurance coverage as required hereunder. Such insurance policy(s) shall be issued by the United States Treasury or insurance carriers approved and authorized to do business in the State of Florida, and who must have a rating of no less than “excellent” by A.M. Best or as mutually agreed upon by the Village and the Consultant. All such insurance policies may not be modified or terminated without the express written authorization of the Village. DocuSign Envelope ID: C3720D8A-0C25-4AA8-841B-E4797CEBAA7F Page 4 of 9 Type of Coverage Amount of Coverage Professional liability/ $1,000,000 per occurrence Errors and Omissions Commercial general liability $1, 000,000 per occurrence Products/completed operations Contractual, insurance broad form property, Independent Consultant, personal injury) $2,000,000 annual aggregate Automobile (owned, non-owned, & hired) $500,000 per occurrence Worker’s Compensation $ statutory limits b. The commercial general liability and automobile policies will name the Village as an additional insured and proof of all insurance coverage shall be furnished to the Village by way of an endorsement to same or certificate of insurance prior to the provision of services. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification as required for strict compliance with this section. Failure to comply with the foregoing requirements shall not relieve Consultant of its liability and obligations under this Agreement. c. Consultant hereby waives any and all rights to subrogation against the Village, 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 Consultant shall agree to 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 a condition to the policy specifically prohibits such an endorsement, or voids coverage should Consultant enter into such an agreement on a pre-loss basis. SECTION 12: SUCCESSORS AND ASSIGNS. The Village and the Consultant each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as agreed in writing by all parties, this Agreement is not assignable. SECTION 13: GOVERNING LAW, VENUE AND REMEDIES. 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. 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 or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 14: WAIVER OF JURY TRIAL. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. SECTION 15: ACCESS AND AUDITS. The Consultant shall maintain adequate records to justify all payments made by the Village under this Agreement for at least three (3) years after completion of this Agreement and longer if required by applicable federal or state law. The Village shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the Consultant’s place of business. In no circumstances will Consultant be required to disclose any confidential or proprietary information regarding its products and service costs. DocuSign Envelope ID: C3720D8A-0C25-4AA8-841B-E4797CEBAA7F Page 5 of 9 SECTION 16: NONDISCRIMINATION. The Consultant warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. SECTION 17: AUTHORITY TO PRACTICE. The Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the services required under this Agreement, and that it will at all times conduct its business and provide the services under this Agreement in a reputable manner. Proof of such licenses and approvals shall be submitted to the Village upon request. SECTION 18: 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 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 19: CONVICTED VENDOR LIST/BOYCOTT OF ISRAEL. As provided in section 287.135, Florida Statutes, the Consultant certifies that it and any authorized sub-consultants are not participating in a boycott of Israel. The Consultant further certifies that it and its affiliates have not been placed on the Convicted Vendor List under section 287.133, Florida Statutes. The Village and the Consultant agree that the Village shall have the right to immediately terminate this Agreement if the Consultant, its authorized sub-consultants or affiliates are placed on the Scrutinized Companies that Boycott Israel List, are engaged in a boycott of Israel, or are placed on the Convicted Vendor List maintained by the State of Florida. SECTION 20: NOTICE. All notices required in this Agreement shall be sent by hand-delivery, certified mail (RRR), or by nationally recognized overnight courier, and if sent to the VILLAGE shall be sent to: Village of North Palm Beach Attn: Village Manager 501 US Highway 1 North Palm Beach, FL 33408 and if sent to the Consultant, shall be sent to: WGI, Inc. Attn: Angela Biagi, Contract Manager 2035 Vista Parkway West Palm Beach, FL 33411 The foregoing names and addresses may be changed if such change is provided in writing to the other party. Notice shall be deemed given upon receipt. SECTION 21: ENTIRETY OF AGREEMENT. The Village and the 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 22: 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 23: PREPARATION AND NON-EXCLUSIVE. This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. This is a non- DocuSign Envelope ID: C3720D8A-0C25-4AA8-841B-E4797CEBAA7F Page 6 of 9 exclusive Agreement and the Village reserves the right to contract with individuals or firms to provide the same or similar services. SECTION 24: MATERIALITY. All provisions of the Agreement shall be deemed material. In the event Consultant fails to comply with any of the provisions contained in this Agreement or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Agreement and Village may at its option provide notice to the Consultant to terminate for cause. SECTION 25: LEGAL EFFECT. This Agreement shall not become binding and effective until approved by the Village. The Effective Date is the date this Agreement is executed by the Village. SECTION 26: NOTICE OF COMPLAINTS, SUITS, AND REGULATORY VIOLATIONS. Each party will promptly notify the other of any complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Each party agrees to cooperate with the other in any investigation either may conduct, the defense of any claim or suit in which either party is named, and shall do nothing to impair or invalidate any applicable insurance coverage. SECTION 27: 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. SECTION 28: COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties as of the effective date at such time as all the signatories hereto have signed a counterpart of this Agreement. SECTION 29: PALM BEACH COUNTY IG. In accordance with Palm Beach County ordinance number 2011-009, the CONSULTANT acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONSULTANT has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. SECTION 30: AGREEMENT DOCUMENTS AND CONTROLLING PROVISIONS. This Agreement consists of this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. The parties agree to be bound by all the terms and conditions set forth in the aforementioned documents. To the extent that there exists a conflict among the terms of the documents, such conflict shall be resolved in the following Order: this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. SECTION 31: OWNERSHIP OF DELIVERABLES. The deliverables, work product, specifications, calculations, supporting documents, or other work products prepared by Consultant pursuant to this Agreement shall become the property of the Village upon delivery. The Consultant may keep copies or samples thereof and shall have the right to use the same. The Village accepts sole responsibility for the reuse of any such documents in a manner other than as initially intended or for any use of incomplete documents. SECTION 32: REPRESENTATIONS AND BINDING AUTHORITY. By signing this Agreement, on behalf of the Consultant, the undersigned hereby represents to the Village that he or she has the authority and full legal power to execute this Agreement and any and all documents necessary to effectuate and implement the terms of this Agreement on behalf of the Consultant for whom he or she is signing and to bind and obligate such party with respect to all provisions contained in this Agreement. DocuSign Envelope ID: C3720D8A-0C25-4AA8-841B-E4797CEBAA7F Page 7 of 9 SECTION 33: PUBLIC RECORDS. The Consultant shall comply with Florida’s Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the Village as provided under section 119.011(2), Florida Statutes, specifically agrees to: a) Keep and maintain public records required by the Village to perform the service. b) Upon request from the Village’s custodian of public records or designee, provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if the Consultant does not transfer the records to the Village. d) Upon completion of this Agreement, transfer, at no cost, to the Village all public records in possession of the Consultant or keep and maintain public records required by the Village to perform the service. If the Consultant transfers all public records to the Village upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Village, upon request from the Village’s custodian of public records or designee, in a format that is compatible with the information technology systems of the Village. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE VILLAGE OF NORTH PALM BEACH AT: 561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. SECTION 34: NO THIRD-PARTY BENEFICIARIES. There are no third party beneficiaries under this Agreement. SECTION 35: E-VERIFY. The Consultant warrants and represents that Consultant and all sub-consultants are in compliance with Section 448.095, Florida Statutes, as may be amended. The Consultant has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each sub-consultant stating that the sub-consultant does not employ, contract with or subcontract with an unauthorized alien. If the Village has a good faith belief that the Consultant has knowingly violated Section 448.09(1), Florida Statutes, the Village shall terminate this Agreement pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the Village has a good faith belief that a sub-consultant has knowingly violated Section 448.09(1), Florida Statutes, but the Consultant has otherwise complied, it shall notify the Consultant, and the Consultant shall immediately terminate its agreement with the sub-consultant. IN WITNESS WHEREOF, the parties hereto have made and executed this Professional Services Agreement (Consulting Services for planning and zoning review services) as of the day and year set forth above. DocuSign Envelope ID: C3720D8A-0C25-4AA8-841B-E4797CEBAA7F Page 8 of 9 VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONSULTANT: WGI, INC. By: __________________________________ Print Name: Angela Biagi Title: Contract Manager DocuSign Envelope ID: C3720D8A-0C25-4AA8-841B-E4797CEBAA7F Page 9 of 9 EXHIBIT “A” DocuSign Envelope ID: C3720D8A-0C25-4AA8-841B-E4797CEBAA7F Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT Planning Services) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered on 24th day of August, 2023, by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”) and Chen Moore & Associates, Inc., a Florida corporation (“Consultant”). RECITALS WHEREAS, the Village issued a Request for Proposals for General Planning Services (“RFP”), and Consultant submitted a Proposal in response to the RFP; and WHEREAS, the Village wishes to retain the services of Consultant, and Consultant has agreed to provide General Planning Services to the Village in accordance with its Proposal and pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree as follows: SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into this Agreement as true and correct statements. SECTION 2: CONSULTANT’S SERVICES AND COMPENSATION. The Consultant shall provide General Planning Services to the Village on an as needed, non-exclusive basis as directed by the Community Development Director and as described in the RFP for General Planning Services. Both the RFP and Consultant’s Proposal are hereby incorporated herein by reference. The Village shall compensate Consultant for services performed in accordance with the rate schedule attached hereto as Exhibit “A” and incorporated herein by reference. In accordance with a request for services on special projects from the Community Development Director, Consultant will prepare a work order authorization including a specific scope of work and fee for services which shall be submitted to and approved by the Community Development Director prior to any work being conducted. Direct costs may be reimbursed by the Village if approved in advance by the Community Development Director, and invoiced without markup. SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of employer or employee is created by this Agreement, it being understood that Consultant will act hereunder as an independent contractor and none of Consultant’s, officers, directors, employees, independent contractors, representatives, or agents performing services for Consultant pursuant to this Agreement shall have any claim under this Agreement or otherwise against the Village for compensation of any kind under this Agreement. The relationship between the Village and Consultant is that of independent contractors, and neither shall be considered a joint venturer, partner, employee, agent, representative or other relationship of the other for any purpose expressly or by implication. SECTION 4: TERM, TIME, AND TERMINATION. a. Term. The term of this Agreement shall commence upon the approval of this Agreement by the Village and shall continue for a five (5) year term or until either party terminates this Agreement as set forth herein. This Agreement may be extended for two (2) additional one-year terms upon mutual consent of Consultant and the Village Manager and approval by the Village Council. b. Time for Completion. Time is of the essence in the performance of this Agreement. Upon direction from the Community Development Director, Consultant shall at all times carry out its duties and responsibilities as expeditiously as possible. DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 2 of 9 c. Force Majeure. Neither party hereto shall be liable for its failure to perform hereunder due to any circumstances beyond its reasonable control, such as acts of God, wars, riots, national emergencies, sabotage, strikes, labor disputes, accidents, and governmental laws, ordinances, rules, or regulations. The Consultant or Village may suspend its performance under this Agreement as a result of a force majeure without being in default of this Agreement, but upon the removal of such force majeure, the Consultant or Village shall resume its performance as soon as is reasonably possible. Upon the Consultant’s request, the Village shall consider the facts and extent of any failure to perform the services and, if the Consultant’s failure to perform was without its or its subconsultants’ fault or negligence, the schedule and/or any other affected provision of this Agreement may be revised accordingly, subject to the Village’s rights to change, terminate, or stop any or all of the services at any time. No extension shall be made for delay occurring more than three (3) days before a notice of delay or claim therefore is made in writing to the Village. In the case of continuing cause of delay, only one (1) notice of delay or claim is necessary. d. Termination. Either party may terminate this Agreement at any time with or without cause by giving not less than ten (10) days’ written notice of termination. e. Early Termination. If this Agreement is terminated before the completion of all services by the Consultant, the Consultant shall: 1. Stop services on the date and to the extent specified including without limitation services of any subconsultants; and 2. Transfer all work in progress, completed work, and other materials related to the terminated services to the Village in the format acceptable to Village. f. Effect of Termination. Termination of this Agreement shall not affect any rights, obligations, and liabilities of the parties arising out of transactions which occurred prior to termination. Notwithstanding the foregoing, the parties acknowledge and agree that the Village is a municipal corporation and political subdivision of the state of Florida, and as such, this Agreement is subject to budgeting and appropriation by the Village of funds sufficient to pay the costs associated herewith in any fiscal year of the Village. Notwithstanding anything in this Agreement to the contrary, in the event that no funds are appropriated or budgeted by the Village’s governing board in any fiscal year to pay the costs associated with the Village’s obligations under this Agreement, or in the event the funds budgeted or appropriated are, or are estimated by the Village to be, insufficient to pay the costs associated with the Village’s obligations hereunder in any fiscal period, then the Village will notify Consultant of such occurrence and either the Village or Consultant may terminate this Agreement by notifying the other in writing, which notice shall specify a date of termination no earlier than twenty-four (24) hours after giving of such notice. Termination in accordance with the preceding sentence shall be without penalty or expense to the Village of any kind whatsoever; however, Village shall pay Consultant for all services performed under this Agreement through the date of termination. SECTION 5: COMPENSATION. a. Payments. The Village agrees to compensate the Consultant in accordance with the rate schedule set forth in Exhibit “A.” The total compensation payable by the Village to Consultant during any fiscal year shall not exceed Fifty Thousand Dollars ($50,000.00). The Village shall not reimburse the Consultant for any additional costs incurred as a direct or indirect result of Consultant providing services to the Village under this Agreement which exceed the amount set forth above, unless prior written approval has been obtained by the Consultant. b. Invoices. Consultant shall render monthly invoices to the Village for services that have been rendered in conformity with this Agreement in the previous month. The invoices shall specify the DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 3 of 9 services performed and the time spent on the same. All reimbursable expenses shall also be clearly identified on the invoice with supporting documentation. Invoices will normally be paid within thirty (30) days following the Village’s receipt of the Consultant’s invoice. SECTION 6: INDEMNIFICATION. a. The Consultant, its officers, employees and agents shall indemnify and hold harmless the Village, including 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 the Consultant and other persons employed or utilized by the Consultant in the performance of the services under this Agreement. The Village agrees to be responsible for its own negligence. b. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Village or the Consultant, nor shall this Agreement be construed as a waiver of sovereign immunity for the Village beyond the waiver provided in section 768.28, Florida Statutes. SECTION 7: COMPLIANCE AND DISQUALIFICATION. Each of the parties agrees to perform its responsibilities under this Agreement in conformance with all laws, regulations and administrative instructions that relate to the parties’ performance of this Agreement. SECTION 8: PERSONNEL. The Consultant represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Village. All of the services required hereunder shall be performed by the Consultant or under its supervision, and all personnel engaged in performing the services shall be fully qualified and authorized or permitted under federal, state, and local law to perform such services. SECTION 9: SUB-CONSULTANTS. The Village reserves the right to accept the use of a sub-consultant or to reject the selection of a particular sub-consultant and approve all qualifications of any sub-consultant in order to make a determination as to the capability of the sub-consultant to perform properly under this Agreement. All sub-consultants providing professional services to the Consultant under this Agreement will also be required to provide their own insurance coverage identical to those contained in this Agreement. In the event that a sub-consultant does not have insurance or does not meet the insurance limits as stated in this Agreement, the Consultant shall indemnify and hold harmless the Village for any claim in excess of the sub-consultant’s insurance coverage, arising out of the negligent acts, errors, or omissions of the sub-consultant. The Consultant shall not charge an administrative fee or surcharge on any sub-consultant’s services; all sub-consultant costs shall be a direct pass-through cost to the Village. SECTION 10: FEDERAL AND STATE TAX. The Village is exempt from payment of Florida State Sales and Use Tax. The Consultant is not authorized to use the Village’s Tax Exemption Number. SECTION 11: INSURANCE. a. Prior to commencing any services, the Consultant shall provide proof of insurance coverage as required hereunder. Such insurance policy(s) shall be issued by the United States Treasury or insurance carriers approved and authorized to do business in the State of Florida, and who must have a rating of no less than “excellent” by A.M. Best or as mutually agreed upon by the Village and the Consultant. All such insurance policies may not be modified or terminated without the express written authorization of the Village. DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 4 of 9 Type of Coverage Amount of Coverage Professional liability/ $1,000,000 per occurrence Errors and Omissions Commercial general liability $1, 000,000 per occurrence Products/completed operations Contractual, insurance broad form property, Independent Consultant, personal injury) $2,000,000 annual aggregate Automobile (owned, non-owned, & hired) $500,000 per occurrence Worker’s Compensation $ statutory limits b. The commercial general liability and automobile policies will name the Village as an additional insured and proof of all insurance coverage shall be furnished to the Village by way of an endorsement to same or certificate of insurance prior to the provision of services. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification as required for strict compliance with this section. Failure to comply with the foregoing requirements shall not relieve Consultant of its liability and obligations under this Agreement. c. Consultant hereby waives any and all rights to subrogation against the Village, 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 Consultant shall agree to 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 a condition to the policy specifically prohibits such an endorsement, or voids coverage should Consultant enter into such an agreement on a pre-loss basis. SECTION 12: SUCCESSORS AND ASSIGNS. The Village and the Consultant each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as agreed in writing by all parties, this Agreement is not assignable. SECTION 13: GOVERNING LAW, VENUE AND REMEDIES. 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. 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 or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 14: WAIVER OF JURY TRIAL. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. SECTION 15: ACCESS AND AUDITS. The Consultant shall maintain adequate records to justify all payments made by the Village under this Agreement for at least three (3) years after completion of this Agreement and longer if required by applicable federal or state law. The Village shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the Consultant’s place of business. In no circumstances will Consultant be required to disclose any confidential or proprietary information regarding its products and service costs. DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 5 of 9 SECTION 16: NONDISCRIMINATION. The Consultant warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. SECTION 17: AUTHORITY TO PRACTICE. The Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the services required under this Agreement, and that it will at all times conduct its business and provide the services under this Agreement in a reputable manner. Proof of such licenses and approvals shall be submitted to the Village upon request. SECTION 18: 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 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 19: CONVICTED VENDOR LIST/BOYCOTT OF ISRAEL. As provided in section 287.135, Florida Statutes, the Consultant certifies that it and any authorized sub-consultants are not participating in a boycott of Israel. The Consultant further certifies that it and its affiliates have not been placed on the Convicted Vendor List under section 287.133, Florida Statutes. The Village and the Consultant agree that the Village shall have the right to immediately terminate this Agreement if the Consultant, its authorized sub-consultants or affiliates are placed on the Scrutinized Companies that Boycott Israel List, are engaged in a boycott of Israel, or are placed on the Convicted Vendor List maintained by the State of Florida. SECTION 20: NOTICE. All notices required in this Agreement shall be sent by hand-delivery, certified mail (RRR), or by nationally recognized overnight courier, and if sent to the VILLAGE shall be sent to: Village of North Palm Beach Attn: Village Manager 501 US Highway 1 North Palm Beach, FL 33408 and if sent to the Consultant, shall be sent to: Chen Moore & Associates, Inc. Attn: Nilsa Zacarias, AICP 500 Australian Avenue South, Suite 850 West Palm Beach, FL 33401 The foregoing names and addresses may be changed if such change is provided in writing to the other party. Notice shall be deemed given upon receipt. SECTION 21: ENTIRETY OF AGREEMENT. The Village and the 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 22: 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 23: PREPARATION AND NON-EXCLUSIVE. This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. This is a non- DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 6 of 9 exclusive Agreement and the Village reserves the right to contract with individuals or firms to provide the same or similar services. SECTION 24: MATERIALITY. All provisions of the Agreement shall be deemed material. In the event Consultant fails to comply with any of the provisions contained in this Agreement or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Agreement and Village may at its option provide notice to the Consultant to terminate for cause. SECTION 25: LEGAL EFFECT. This Agreement shall not become binding and effective until approved by the Village. The Effective Date is the date this Agreement is executed by the Village. SECTION 26: NOTICE OF COMPLAINTS, SUITS, AND REGULATORY VIOLATIONS. Each party will promptly notify the other of any complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Each party agrees to cooperate with the other in any investigation either may conduct, the defense of any claim or suit in which either party is named, and shall do nothing to impair or invalidate any applicable insurance coverage. SECTION 27: 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. SECTION 28: COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties as of the effective date at such time as all the signatories hereto have signed a counterpart of this Agreement. SECTION 29: PALM BEACH COUNTY IG. In accordance with Palm Beach County ordinance number 2011-009, the CONSULTANT acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONSULTANT has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. SECTION 30: AGREEMENT DOCUMENTS AND CONTROLLING PROVISIONS. This Agreement consists of this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. The parties agree to be bound by all the terms and conditions set forth in the aforementioned documents. To the extent that there exists a conflict among the terms of the documents, such conflict shall be resolved in the following Order: this Agreement and Exhibit, the Request for Proposals, and the Consultant’s Proposal. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. SECTION 31: OWNERSHIP OF DELIVERABLES. The deliverables, work product, specifications, calculations, supporting documents, or other work products prepared by Consultant pursuant to this Agreement shall become the property of the Village upon delivery. The Consultant may keep copies or samples thereof and shall have the right to use the same. The Village accepts sole responsibility for the reuse of any such documents in a manner other than as initially intended or for any use of incomplete documents. SECTION 32: REPRESENTATIONS AND BINDING AUTHORITY. By signing this Agreement, on behalf of the Consultant, the undersigned hereby represents to the Village that he or she has the authority and full legal power to execute this Agreement and any and all documents necessary to effectuate and implement the terms of this Agreement on behalf of the Consultant for whom he or she is signing and to bind and obligate such party with respect to all provisions contained in this Agreement. DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 7 of 9 SECTION 33: PUBLIC RECORDS. The Consultant shall comply with Florida’s Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the Village as provided under section 119.011(2), Florida Statutes, specifically agrees to: a) Keep and maintain public records required by the Village to perform the service. b) Upon request from the Village’s custodian of public records or designee, provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if the Consultant does not transfer the records to the Village. d) Upon completion of this Agreement, transfer, at no cost, to the Village all public records in possession of the Consultant or keep and maintain public records required by the Village to perform the service. If the Consultant transfers all public records to the Village upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Village, upon request from the Village’s custodian of public records or designee, in a format that is compatible with the information technology systems of the Village. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE VILLAGE OF NORTH PALM BEACH AT: 561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. SECTION 34: NO THIRD-PARTY BENEFICIARIES. There are no third party beneficiaries under this Agreement. SECTION 35: E-VERIFY. The Consultant warrants and represents that Consultant and all sub-consultants are in compliance with Section 448.095, Florida Statutes, as may be amended. The Consultant has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each sub-consultant stating that the sub-consultant does not employ, contract with or subcontract with an unauthorized alien. If the Village has a good faith belief that the Consultant has knowingly violated Section 448.09(1), Florida Statutes, the Village shall terminate this Agreement pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the Village has a good faith belief that a sub-consultant has knowingly violated Section 448.09(1), Florida Statutes, but the Consultant has otherwise complied, it shall notify the Consultant, and the Consultant shall immediately terminate its agreement with the sub-consultant. DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Professional Services Agreement (Consulting Services for planning and zoning review services) as of the day and year set forth above. VILLAGE OF NORTH PALM BEACH: By: __________________________________ Charles D. Huff, Village Manager CONSULTANT: CHEN MOORE & ASSOCIATES, INC. By: __________________________________ Print Name: Cristobal Betancourt Title: Vice President DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Page 9 of 9 EXHIBIT “A” DocuSign Envelope ID: 9671B4CD-2114-44C1-83BE-14EC18E246F9 Village of North Palm Beach Recreation Advisory Board Meeting MINUTES March 11, 2025 at 7:00 pm Village Hall Council Chambers 1) Call to Order: Chair Heiman at 7:00pm 2) Roll Call: Stephen Heiman, Jason Frogge, Jennifer Gold Dumas, Karen Paxton, Ashley Knieriemen, Rita Budnyk, Mayor Susan Bickel, and Village staff Stephen Poh. Not in attendance: Mia St. John 3) Approval of Minutes: Motion to approve minutes from February’s meeting by Jennifer Gold Dumas; seconded by Rita Budnyk 4) Public Comments: No public comments. 5) Director’s Report: Special Projects:  Zencity – Stephen Poh discussed the Village Hub and showed the board members how to access it through the Village webpage.  Dry Storage Renovations: expected completion is March 18th, pending any inclement weather.  Boat Ramp Renovations: Slight delay at the beginning of the project due to the removal of a significant extra amount of concrete – essentially a boat ramp on top of a boat ramp. The project is back on track and moving along nicely.  Community Center parking lot resurfacing – Public Works is taking the lead on this project; the goal is to preserve the existing trees in the parking lot, widen the islands, and add curbing; We are looking into a separate vendor to resurface the basketball courts.  FPL Undergrounding update o PW working with FPL on having them self-perform the entire construction undergrounding o FPL has provided the cost which is being shared by Seacoast o Len is drafting the agreement between the Village and Seacoast o Once complete and signed, the Village will be paying FPL for them to proceed  Park Improvements  Anchorage Boat Ramp o Grading and laying rock on the lower section of the ramp o Pumps are running and they hope to pour the concrete slab lower section on Friday  Community Center fields o Rest after soccer season o Soccer shots using the field until the end of May o Maintenance scheduled in June and July  Osborne Bathroom Renovations o Met with James Anthony from Public Works on Monday with another contractor o This would be 3rd quote then we can move forward  Resurface Tennis Courts at Anchorage o In May  Community Center Reception Desk o Ordered on Friday, March 7th o They will deliver and install when ready  Anchorage Park Water fountains o Arriving soon o 2 bottle filler fountains for playground and outdoor restroom Special Events:  Village-wide Garage Sale – March 15th from 7:30am-12pm; all spots are full!  Heritage Festival – April 4th & 5th (Notes are courtesy of Bill)  Osborne Kick-off Night – April 4th  Osborne Kick-off night April 4 (GOLF CART PARADE & INFLATABLE FUN NIGHT)  Golf Cart Parade starts at 6, staging at 5:30pm on the North end of Alamanda  ****no RSVP’s as of yet for the golf cart parade (which is normal) anticipating between 45- 50 total golf carts  1st, 2nd, 3rd place trophies for best-decorated golf cart are here  Committee will select winners at the end of golf cart parade and wards prizes with pictures  golf carters RSVP’ing over the phone, expect some last-minute entries and have planned for it  Inflatables from 6-9pm at Osborne Park outfield – Jupiter Bounce – still need 2 more volunteers to work the entrance to each inflatable  $5 wristbands will be sold night of event only (LIBRARY STAFF ASSISTING)  Event Day – April 5th  Business expo’s (12 registered thus far – goal of 20 total)  Parade entries (15 thus far, goal of 35 entries)  Carnival rides go Noon – 8pm (Stephen explained ride details)  PRE-sale wristbands starts 2-weeks prior to event at Anchorage Park  Wristbands are $10 for residents and $15 for non-residents during presale; $20 for everyone on event day  Food and Beverage by The Draft House (Beer, wine, liquor, Food)  Sons of BBQ (first Presbyterian church) have been confirmed to do food as well – will not be duplicating food items being sold by the draft house  Music on stage from 1pm – 7pm  Putting contest , 1pm – 6pm….**can change time if recommended; They did request starting at 2pm  Stephen H. has already committed  Rec. Adv. board has run putting contest since its inception in 1998.  Scoop Coop Ice Cream Truck has been confirmed for ice cream sales  Stage and tents and portlets, setting up Friday April 4 Bus Trips:  UPCOMING:  March 15th:  Southern Hill Farms (Clermont, FL) Athletics/Programs:  Soccer - Cookout Date – March 20th; need volunteers 4pm-8pm o Karen, Jennifer and Rita volunteered to help out that night  Camps o Spring Break Camp: We have 16 registered, room for 4 more o School’s Out Day camps scheduled for: March 31st and April 18th o Summer Camp registration began on Monday, March 10th for residents; Registration for non-residents begins on Monday, March 17th  Parks & Recreation Month (July 2025): #BuildTogetherPlayTogether o Community Center Staff are working on plans to help celebrate Parks and Recreation Month; we will share more once plans have been solidified 6) New Business:  Recreation Advisory Board o Rita spoke at the workshop she attended at the Council Meeting o She discussed some of the new requirements that Council discussed o Discussion ensued with board members o Recreation board members recommended the board still meets once a month o Mayor Bickel explained that the Council wants the board to report to them quarterly 7) Old Business:  Heritage Day Parade and Events – discussion happened during Directors Report o Stephen Poh passed out the ride list with pictures and height requirements o Rita asked if Bill could send her a list of current parade entries o Rita asked if all golf cart entries for Friday received free bracelets o Mayor Bickel explained that the Council wants the board to report to them quarterly  Anchorage Park Marina: dry storage contracts o Rita and Karen want staff to monitor and inspect dry storage monthly o Stephen H. asked what is happening with plans for more day trailer parking  Discuss earlier start time of meetings o Jennifer Gold Dumas wanted the meetings to start back at 6pm o Discussion ensued with board members o Karen made a motion to move meetings back to 6pm. Jennifer seconded it and a vote of 5-0 was complete. o Stephen H. stated that he would email Jessica Green to inform her that the Recreation board meetings will now be at 6pm. 8) Member Comments: Stephen H. commented how he received a lot of positive feedback about the food trucks from the last food truck event. Many residents really enjoyed that event. Jennifer Gold Dumas stated that we should add lighting to that event because it got very dark at the end of the event. 9) Staff Comments: No additional comments. 10) Adjournment: Meeting adjourned at 8:15pm. THE VILLAGE OF NORTH PALM BEACH BUSINESS ADVISORY BOARD REGULAR MEETING MINUTES TUESDAY, MARCH 4, 2025 at 6:30 PM Present Ronald Lantz (Chair) Nina Balgar (Vice Chair) James Sebree Mimi McAndrews Brenda Robinson Norma Mirsky Not Present David Talley Village Staff Kristin Garrison, Council Member Valentino Perez, Village Building Official Ed Cunningham, Communications Manager Phillipa Davis, Executive Assistant to Village Manager Robyn Lehoux, Executive Assistant to Building Department 1.CALL TO ORDER Chair Lantz called meeting to order at 5:30PM a.ROLL CALL. Quorum present. 2.Deletions, Additions or Modifications to the Agenda: NONE 3.Public Comment for Non-Agenda Items: NONE 4.Approval of Minutes a.February 18, 2025 – minutes not prepared, need to vote at next meeting 5.New Business a.Ronald Lantz reviews that a table will be set up at Heritage Day- April 5th from noon to 5:00 pm. Discussed the goody bag contents for the heritage day event and that 50- 60 bags should be sufficient, and would like a bowl of candy for the table. Business advisory members signed up for time slots for the event day. b.Name tags were distributed to members by Philly Davis. c.Board members discussed visiting the local businesses, to come up with a schedule to visit businesses once or twice a week. When visiting, leave their Business Advisory Board card, and call ahead to verify if the owner is present. Possibly drop off a business of the season application. d.Ed Cunningham: A physical newsletter is mailed out residentially, and an electronic e- letter goes out to those who have signed up to receive it. Mr. Cunningham is working on creating a newsletter specially for the business advisory board, to be sent out once or twice a year to businesses enrolled in the BTR program. e.Valentino Perez makes an introduction as the Building Director of the Community Development Department. The Village of North Palm Beach March 4, 2025 Planning, Zoning and Adjustment Board Agenda Page 2 of 2 6. Old Business. 7. Staff Updates / Member Comments a. The next meeting will discuss the vote on the new quarterly meeting from the Council Meeting. If there is a need to meet outside of the schedule. b. Ensure that the business of the season application gets the attention needed. 8. Adjournment Meeting adjourned at 6: 17 PM. Minutes processed by Robyn Lehoux. All members of the public are invited to appear at the public hearing, which may be continued from time to time, and be heard with respect to this matter. If a person decides to appeal any decision made with respect to any matter considered at the subject meeting, he or she will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s Office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Planning Commission. Due to the nature of governmental duties and responsibilities, the Planning Commission reserves the right to make additions to, or deletions from, the items contained in this agenda. VILLAGE OF NORTH PALM BEACH VILLAGE CLERK’S OFFICE VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney Jessica Green, Village Clerk DATE: April 24, 2025 SUBJECT: ORDINANCE 2nd Reading – Amending Section 2-1 of the Village Code governing Village boards and committees At its March 25, 2025 workshop meeting, the Village Council discussed revisions to Section 2-1 of the Village Code of Ordinances, governing the appointment and operation of Village boards and committees. Specifically, the Council discussed revisions to the required number of meetings and the absentee policy, the appointment of relatives, and reports by the boards and committees to the Village Council. Based on Council direction, the attached Ordinance revises Section 2-1 of the Village Code as follows:  Revises Section 2-1(k)(1) to require that all boards and committees schedule a meeting at least once each quarter (in lieu of monthly), with the exception of the Audit Committee which shall meet on an on-call basis.  Revises Section 2-1(m)(2) to require the removal of a member who misses two regular meetings within a twelve-month period for boards or committees meeting no more than quarterly, subject to the member’s ability to appeal to the Village Manager. The threshold remains at three meetings for those boards or committees meeting monthly.  Adds a new Section 2-1(n) to prohibit the Village Council from appointing a relative of any Councilmember to a Village board or committee. The definition of relative is taken from the State Ethics Code (which is slightly less restrictive than the County Ethics Code), with the addition of individuals residing within the same household as a Councilmember.  Adds a new Section 2-1(o) to require the chairperson of each board or committee (or the chairperson’s designee) to make a report the board or committee’s activities to the Village Council at a regularly scheduled meeting on a quarterly basis. The attached Ordinance has been prepared and/or reviewed for legal sufficiency by the Village Attorney. At its April 10, 2025 regular meeting, the Village Council adopted the Ordinance on first reading without modification. There is no fiscal impact. Recommendation: Village Staff requests Council consideration and adoption on second and final reading of the attached Ordinance amending Section 2-1 of the Village Code of Ordinances governing the appointment and operation of the Village’s boards and committees in accordance with Village policies and procedures. Page 1 of 6 ORDINANCE NO. _____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF 4 CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF 5 ORDINANCES BY AMENDING SECTION 2-1, “BOARDS AND 6 COMMITTEES,” TO MODIFY THE REQUIRED MEETING SCHEDULE AND 7 ABSENTEE POLICY, ADD AN ANTI-NEPOTISM PROVISION, AND REQUIRE 8 QUARTERLY REPORTS TO THE VILLAGE COUNCIL; PROVIDING FOR 9 CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 10 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, Section 2-1 of the Village Code of Ordinances governs the appointment and operation 13 of Village boards and committees; and 14 15 WHEREAS, the Village Council wishes to amend Section 2-1 to: (1) require boards and committees 16 to meet at least quarterly and modify the absentee policy; (2) prohibit the appointment of relatives of 17 Councilmembers to boards and committees; and (3) require boards and committees to provide reports 18 to the Village Council on a quarterly basis; and 19 20 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of 21 the public health, safety, and welfare. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 24 NORTH PALM BEACH, FLORIDA as follows: 25 26 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 27 28 Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 2, 29 “Administration,” of the Village Code of Ordinances as follows (additional language is underlined 30 and deleted language stricken through): 31 32 Sec. 2-1. Boards and committees. 33 34 (a) Purpose. The purpose of this section is to establish procedures for 35 village boards and committees. Except as specifically provided by law or ordinance, 36 all boards and committees are advisory only and the existence of such advisory boards 37 and committees does not diminish or alter the statutory or constitutional authority of 38 the village council. 39 40 (b) Scope. The provisions of this section shall apply to all village boards 41 and committees an shall govern the conduct of all members of such boards. 42 43 (c) Creation of advisory boards. The village council may, by ordinance, 44 create a board or committee in connection with any function of the village. The 45 ordinance creating such board shall specify the purpose, powers, and duties of the 46 Page 2 of 6 board. Nothing set forth herein shall prevent the village council from creating ad hoc 1 committees of limited duration by resolution. 2 3 (d) Records. Each board and committee shall maintain attendance records 4 and voting records of each member and shall forward such information to the village 5 clerk. The records shall include the reason given by the board or committee member 6 for any absence. 7 8 (e) Compensation of members. Board and committee members shall serve 9 without compensation except as may be provided by ordinance or resolution of the 10 village council. 11 12 (f) General provisions. Members of village boards and committees: 13 14 (1) Shall serve at the pleasure of the village council and may be removed 15 with or without cause by a vote of the village council; 16 17 (2) Shall be a resident of the village and maintain residency in the village 18 during the term of appointment (unless waived by the village council) 19 and meet such other eligibility requirements as may be established by 20 the village council; 21 22 (3) Shall not hold any employment or office in village government or any 23 contractual relationship with the village; 24 25 (4) Shall serve on only one village board or committee where membership 26 on two boards or committees would violate the constitutional dual 27 office-holding prohibition; 28 29 (5) Shall not appear before the board or committee on which they serve or 30 the village council as an agent or attorney on behalf of any person or 31 entity; 32 33 (6) Shall not have or hold any employment or contractual relationship that 34 will create a continuing or frequently recurring conflict between their 35 private interests and the performance of their public duties or that 36 would impede the full and faithful discharge of their public duties; 37 38 (7) Shall not initiate any grievance or complaint against any person 39 appearing before the board or committee on which they serve without 40 the approval of the village manager; and 41 42 (8) Shall attend all meetings in person and shall not participate as a member 43 of any board or committee or vote on any matter by telephone, video 44 conferencing, or any other electronic means. 45 46 (g) Number of members. Unless otherwise provided by law or ordinance, 47 each advisory board or committee shall have seven (7) members. 48 Page 3 of 6 (h) Terms of members. 1 2 (1) The terms of members shall be established in the ordinance creating the 3 board or committee. Notwithstanding the foregoing, the village council 4 may, at the time of appointment, modify the term of any member in 5 order to provide for staggered terms. 6 7 (2) Members whose terms have expired shall continue to serve until their 8 successors are appointed. 9 10 (3) Board and committee members may be reappointed to successive 11 terms. 12 13 (4) Appointments to fill vacancies on any board or committee shall be for 14 the remainder of the unexpired term. 15 16 (i) Officers. 17 18 (1) All boards and committees shall, at a meeting during the month of May, 19 elect a chairperson, a vice-chairperson, and any other officers as the 20 board deems necessary. The chairperson shall preside at board 21 meetings and shall be the official spokesperson for the board. The term 22 of the chairperson shall be for one-year, and any person who has served 23 as chairperson for one term shall not serve as chairperson during the 24 following year. However, beginning one year after termination of his 25 or her term as chairperson, he or she may again serve as chairperson. 26 27 (2) The vice-chairperson shall assume the duties of the chairperson in the 28 absence of the chairperson. At any meeting where the chairperson and 29 the vice-chairperson are absent, the board or committee shall appoint a 30 chairperson pro tempore to assume the duties of the chairperson. 31 32 (j) Rules. Each board and committee shall adopt rules and regulations 33 regarding the manner of conducting its meetings, which shall be consistent with the 34 rules and regulations prescribed by the village council. Each board and committee 35 shall adhere to the basic rules of parliamentary procedure, which require that: 36 37 (1) All items of business and motions that are properly before the board or 38 committee are fully and freely discussed; 39 40 (2) Only one (1) issue or motion be considered at a time; 41 42 (3) All members direct their remarks to the chairperson and wait to be 43 recognized by the chairperson; 44 45 (4) While majority rules, the rights of the minority are protected by 46 assuring them the ability to speak and vote; and 47 48 Page 4 of 6 (5) All members refrain from making personal remarks or otherwise 1 attacking the motives of other members. 2 3 (k) Meetings. 4 5 (1) All village advisory boards and committees shall schedule a regular 6 meeting at least once per month quarter (or four times between May 1st 7 and April 30th), except the audit committee, which shall meet on an on-8 call basis. Meetings shall be held at the call of the chairperson, at such 9 other times as the board or committee may determine, or as otherwise 10 provided by law or ordinance. Special meetings may be called by the 11 chairperson or by written notice signed by a majority of all members 12 and shall not be held unless at least forty-eight (48) hours’ notice is 13 given to each member and to the village clerk. 14 15 (2) Members shall notify the chairperson if they are unable to attend a 16 meeting. If a quorum will not be present, the scheduled meeting shall 17 be cancelled. 18 19 (3) Minutes shall be kept of the proceedings at each meeting and shall 20 record the official acts taken by the board or committee. Minutes shall 21 be transmitted to, and maintained by, the village clerk. 22 23 (4) All meetings and public hearings of village boards and committees 24 shall be open to the public. All meetings shall be governed by 25 Government-in-the-Sunshine Law, as set forth in F.S. § 286.011. 26 27 (5) Absent exigent circumstances, no board or committee meeting shall 28 begin prior to 5:30 p.m. and all meetings shall be adjourned on or 29 before 11:00 p.m. on the date when the meeting convened. 30 31 (l) Quorum and required vote. 32 33 (1) Unless otherwise provided by law or ordinance, a quorum for the 34 transaction of business shall consist of four (4) members. 35 36 (2) The affirmative vote of a majority of those present shall be necessary 37 to take official action. If any motion fails to achieve the affirmative 38 vote of a majority of those present, then such petition or other matter 39 shall be deemed denied. 40 41 (m) Removal of members. 42 43 (1) Unless waived by the village council, any member who no longer 44 resides within the village during his or her term shall automatically 45 cease to be a member of the board or committee and shall inform the 46 village clerk's office. 47 48 Page 5 of 6 (2) If any member of a board or committee is absent from three (3) two (2) 1 regular meetings for boards or committees meeting no more than 2 quarterly or three (3) regular meetings for boards or committees 3 meeting monthly within a twelve-month period (from May 1st to April 4 30th ), the village clerk shall notify the member in writing that he or she 5 shall be removed from the board or committee. Within ten (10) days of 6 receipt of notification of his or her removal, the member may appeal 7 his or removal to the village manager in writing. The decision of the 8 village manager shall be final. 9 10 (3) The village manager may, at his or her discretion, remove a member 11 for: attacking the motives of other board or committee members, 12 members of village staff or village consultants; making derogatory, 13 abusive, profane, threatening, or vulgar remarks or comments; or for 14 any other conduct that, in the village manager’s sole determination, 15 reflects poorly upon the village. The decision of the village manager 16 shall be final. 17 18 (n) Anti-nepotism clause. No relative of a member of the village council 19 shall be appointed by the council to a village board or committee. For the purposes of 20 this section, a relative means an individual who is related to a councilmember as father, 21 mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, 22 wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, 23 sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, 24 half-brother, or half-sister or an individual having the same legal residence as a 25 councilmember. 26 27 (o) Reports for village council. On at least a quarterly basis, the 28 chairperson of each board or committee or the chairperson’s designee shall make a 29 report of the board or committee’s activities to the village council at a regularly 30 scheduled council meeting. 31 32 (n p) Resignation of members. Members of boards or committees may resign 33 at any time, by submitting a written letter of resignation to the village clerk. 34 35 (o q) Clerical/technical support. The village manager may furnish the board 36 or committee necessary clerical services and technical assistance. 37 38 (p r) Dissolution of boards. Unless otherwise provided by law or ordinance, 39 the village council may dissolve a board or committee if the village council determines 40 that the board is no longer needed to meet the purposes for which it was established. 41 42 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the 43 Village of North Palm Beach. 44 45 Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 46 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such 47 holding shall not affect the remainder of this Ordinance. 48 Page 6 of 6 Section 5. All Ordinances or parts of Ordinances or resolutions or parts of resolutions in conflict 1 herewith are hereby repealed to the extent of such conflict. 2 3 Section 6. This Ordinance shall take effect immediately upon adoption. 4 5 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2025. 6 7 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 8 2025. 9 10 11 (Village Seal) 12 MAYOR 13 14 ATTEST: 15 16 17 VILLAGE CLERK 18 19 APPROVED AS TO FORM AND 20 LEGAL SUFFICIENCY: 21 22 23 VILLAGE ATTORNEY 24 25 1 Business Impact Estimate AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-1, “BOARDS AND COMMITTEES,” TO MODIFY THE REQUIRED MEETING SCHEDULE AND ABSENTEE POLICY, ADD AN ANTI -NEPOTISM PROVISION, AND REQUIRE QUARTERLY REPORTS TO THE VILLAGE COUNCIL; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the Village is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the Village is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enact ment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the Village hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. 2 1. Summary of the proposed ordinance: The proposed Ordinance amends Section 2- 1 of the Village Code governing the appointment and operation of Village boards and committees to: (1) require boards and committees to meet at least quarterly and modify the absentee policy; (2) prohibit the appointment of relatives of Councilmembers to boards and committees; and (3) require boards and committees to provide reports to the Village Council on a quarterly basis. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the Village: (a) There are no direct compliance costs that private, for -profit businesses in the Village may reasonably incur; (b) There is no new charge or fee imposed by the proposed Ordinance; and (c) There are no regulatory costs. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None VILLAGE OF NORTH PALM BEACH BUILDING & ZONING DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Valentino Perez, Building Director DATE: April 24, 2025 SUBJECT: ORDINANCE 2nd READING – Approving a major amendment to The Benjamin School Planned Unit Development to add an adjacent parcel to the PUD and extend the pick-up/drop-off loop, demolish the existing administrative office building and construct a new administrative office building, remove the unconstructed maintenance facility, and reconstruct the parking within the McLaren Road right- of-way. Through the adoption of Ordinance No. 2013-06, the Village Council created The Benjamin School Planned Unit Development on 14.8 acres of real property located on McLaren Road between U.S. Highway One and Ellison Wilson Road. Through the adoption of Ordinance No. 2017-10, the Village Council approved a major amendment to the PUD to add a two-story STEM building, and in 2019, the Village Council approved a minor amendment to the PUD reflect as-built conditions. In 2021, The Benjamin School acquired the adjacent 0.93-acre First City Bank of Commerce property with plans for potential expansion and is now seeking another major amendment to the approved PUD for the following (as fully detailed in the attached staff report): 1. Add 0.93 acres of land area into the overall PUD with the inclusion of the Bank Parcel, for a total PUD acreage of 15.78 acres. 2. Demolish the existing 2,878 square foot bank/office building to create additional parking. 3. Extend the pick-up/drop-off loop into the former bank parcel to allow for increased stacking. 4. Remove approved (and expired) 10,000 square foot Maintenance Facility (Building 19) from Site Plan to reflect current as-built parking layout north of Carolinda Drive. 5. Demolish the existing 2,300 square foot Administrative Office Building east of existing pick- up/drop-off lane (Building 18 on Approved Site Plan). 6. Construct new 4,837 square foot Administrative Office Building (Building 18 on Proposed Site Plan) proximate to existing Building 18 location. 7. Reconstruct portion of parking provided within McLaren Road right-of-way for a total of 40 parking spaces provided in the right-of-way. The Planning, Zoning and Adjustment Board considered the request at its April 1, 2025 meeting and recommended approval by a vote of 6 to 1, with the condition that the Applicant provide information addressing the impacts on drainage for McLaren Road caused by the additional impervious parking area within the right-of-way. At the Village Council’s April 10, 2024 meeting, the Village Council adopted the Ordinance on first reading by a unanimous vote. In response to the PZAB’s concern regarding drainage, the Applicant demonstrated that the revised parking plan within the McLaren Road right-of-way will actually result in less impervious area. To address some outstanding issues and concerns, the conditions of approval set forth in Section 5 of the Ordinance have been modified as follows:  Section 5(C) has been modified to reflect that the Applicant has already executed the Unity of Control, which is attached to the Ordinance as Exhibit “C.” The Applicant will be required to record the Unity of Title in the public records prior to the issuance of the first building permit.  Section 5(D) has been revised to indicate that the amended Revocable License and Indemnification Agreement for the use of the McLaren Road right-of-way “shall be approved by the Village Council and fully executed prior to the issuance of the first building permit.” Because the original Agreement was adopted by Resolution of the Village Council, the Amended and Restated Agreement will be brought back to the Council on May 8, 2025 for adoption by Resolution.  Section 5(F) has been revised to clarify that once construction is completed, the Applicant shall submit a new Drop Off and Circulation Plan to the Village for review and approval by the Police Department. As set forth in the original PUD Ordinance, the following language has been added: “Should the Village Police Chief determine that the Drop Off and Circulation Plan is not functioning properly or is otherwise detrimental to the public safety and welfare, the Applicant shall implement reasonable modifications to the Plan as requested by the Village.” Recommendation: Village Staff requests Council consideration and approval on second and final reading of the attached Ordinance approving a major amendment to The Benjamin School Planned Unit Development to add an adjacent parcel to the PUD and extend the pick-up/drop-off loop, demolish the existing administrative office building and construct a new administrative office building, remove the unconstructed maintenance facility, and reconstruct the parking within the McLaren Road right-of-way in accordance with Village policies and procedures. SP-2024-02 Page 1 of 12 Benjamin School (PUD) SP-2024-02 Revised: Date: April 2, 2025 Subject/Agenda Item: SP-2024-02 11000 Ellison Wilson Road (the Benjamin School) Consideration of Approval: A request from Lentzy Jean-Louis of Urban Design Studio, agent for Benjamin Private School Inc., property owner, for Site Plan and Appearance Approval and a Major Modification to an existing Planned Unit Development (PUD) for the addition of a 0.93 acre parcel to the PUD, the construction of a one-story 4,837 square foot Administrative Office Building, and the removal of both an existing 2,300 square foot Administrative Office Building and the unbuilt 10,000 square foot maintenance facility on the Benjamin School campus located at 11000 Ellison Wilson Road on the northwest corner of U.S. Highway One and McLaren Road (PCN’s: 68-43-42-04-10-008-0030 and 68-43-42-04-10-008-0043). [X] Quasi-Judicial [ ] Legislative [ ] Public Hearing Originating Department: Planning & Zoning Project Manager Reviewed By: Caryn Gardner-Young, AICP (former Community Development Director) Attachments:  SPAR Application  Justification Statement prepared by Urban Design Studio  Warranty Deeds  Proposed Site Plan prepared by Urban Design Kilday Studios  Proposed Architectural Plans  Exhibit - Traffic Flow During Construction  Proposed Landscape Plan Public Notice: [X] Required [ ] Not Required Dates: Paper: Mailing [X] Required [ ] Not Required Notice Distance: I. Executive Summary The Applicant is proposing to add a 0.93-acre parcel to the existing PUD, add a one-story, 4,837- square-foot Administrative Office building, and remove both the existing 2,300-square-foot Administrative Office building and the unbuilt 10,000-square-foot maintenance facility. As a result, the total square footage of buildings on the campus will be 166,018 square feet. COMMUNITY DEVELOPMENT DEPARTMENT REPORT AND RECOMMENDATION SP-2024-02 Page 2 of 12 Benjamin School (PUD) II. Site Data Existing Use: Private School Parcel Control Numbers: 68-43-42-04-10-008-0030 68-43-42-04-10-008-0043 Parcel Size: 15.74 acres Existing Future Land Use Designation: Commercial Existing Zoning District: Shopping Commercial (C-S)/Planned Unit Development (PUD) III. Annexation/Zoning History The subject parcel is located east of Ellison Wilson Road, west of US Highway 1, north of McLaren Road, and south of Carolinda Drive. It has a future land use designation of Commercial and a zoning designation of Shopping Commercial (C-S). On March 28, 2013, the Village Council granted approval to assign a Commercial Land Use designation to four parcels totaling 12.66 acres within the Benjamin School campus pursuant to Ordinance No. 2013-05. Over the years, the school had been developed by increasing its land area and constructing additional facilities, resulting in inconsistent land use designations and zoning non-conformities. The approval assigned a uniform land use designation of Co mmercial to the overall 14.38-acre school campus. Concurrently, the Village Council also approved a rezoning request to Commercial Planned Unit Development (CPUD) with an underlying zoning of C-1, Commercial District, pursuant to Ordinance No. 2013-06. The approval included waivers and site plan approval for the overall site. This approval allowed for a 10,000-square-foot maintenance facility on the property north of Carolinda Drive, bringing the total square footage of the campus to 162,310 square feet, as shown in the site plan exhibit dated December 3, 2012. General waivers were approved that vested the Table 1: Surrounding Existing Land Use, Future Land Use, Zoning District: Direction Existing Land Use Future Land Use Zoning District North Shopping Center Commercial Commercial Shopping (C-S) South Shopping Center Multifamily Residential High Density Residential R-3 – Apartment Dwelling Zoning District East Office Buildings Religious Institution Commercial High Density Residential R-3 – Apartment Dwelling Zoning District Commercial Shopping (C-S) West Single Family Residential (Unincorporated Palm Beach County) Residential Low Density RM – Multifamily Residential SP-2024-02 Page 3 of 12 Benjamin School (PUD) structures, setbacks, and landscaping, making the existing improvements conforming through the granting of the waivers. On July 27, 2017, the Village Council approved Ordinance No. 2017-10, which approved a Major Amendment to the PUD. This amendment reinstated the prior approval of the proposed Maintenance Facility and changed its configuration to add a two-story, 13,171-square-foot Science, Technology, Engineering, and Mathematics (STEM) Building to the existing campus. On April 25, 2019, the Village Council approved Resolution No. 2019-36, which approved a minor amendment to reflect as-built conditions and minor landscape and pedestrian circulation adjustments near the approved STEM building. The bank parcel was previously occupied by the First City Bank of Commerce and was acquired by the Benjamin Private School in 2021. Since then, the site has been utilized as office space by security staff at the school, with limited use of the building for storing lunches and restroom access. No educational use of the building has occurred. On February 1, 2022, the Village Planning Commission approved a Site Plan amendment for parking, paint colors, and signage for the bank parcel, designating the site as a future expansion of the Benjamin School. IV. Applicable Code Provisions: Sec. 45-33. - C-S shopping commercial district. Sec. 45-35.1. - Planned unit development V. Summary of Proposed Site Plan and Appearance Details: The petitioner's site plan and appearance documents consist of the following: 1. SPAR Application 2. Justification Statement prepared by Urban Design Studio 3. Warranty Deeds 4. Proposed Site Plan prepared by Urban Design Kilday Studios 5. Proposed Architectural Plans 6. Exhibit - Traffic Flow During Construction 7. Proposed Landscape Plan VI. Staff Analysis: Background: The Benjamin School has operated as a private school since its approval in 2013. Over the years, the school has continued to grow, expanding its property and adding additional facilities. In 2021, the Benjamin School acquired the First City Bank of Commerce, with plans for potential SP-2024-02 Page 4 of 12 Benjamin School (PUD) expansion. The Applicant has submitted a site plan and appearance application to modify the existing property and incorporate the 2021 bank acquisition. The petition is for Site Plan and Amendment review approval for the following: 1. Add 0.93 acres of land area into the overall PUD with the inclusion of the Bank Parcel, for a total CPUD acreage of 15.78 acres. 2. Demolish the existing 2,878 SF bank/office building to create additional parking. 3. Extend pick-up/drop-off loop off of McLaren Road into the existing Bank Parcel to allow for increase stacking. 4. Remove approved 10,000 SF Maintenance Facility (Building 19) from Site Plan to reflect current as-built parking layout north of Carolinda Drive. 5. Demolish existing 2,300 SF Administrative Office Building east of existing pick-up/drop- off lane (Building 18 on Approved Site Plan). 6. Construct new 4,837 SF Administrative Office Building (Building 18 on Proposed Site Plan) proximate to existing Building 18 location. 7. Reconstruct portion of parking provided within McLaren Road right -of-way for a total of 40 parking spaces provided in the right-of-way. Site Plan The Site Plan and Appearance Review application includes amendments to the previously approved site plan. It incorporates the addition of a 0.93-acre bank parcel into the overall CPUD, the removal of the previously approved, unbuilt 10,000 SF maintenance building, and reflects the current built conditions in the parking area north of Carolinda Drive. Additionally, the application includes the removal of the existing 2,300 SF administrative office building (Building 18) and the 2,878 SF bank building, the addition of faculty parking, the extension of the pick-up/drop-off lane, and the addition of a 4,837 SF administrative office building (Proposed Building 18). The proposed site plan also includes the redesign of a section of parking within the McLaren Road right-of-way, increasing the number of spaces from 33 to 40. Architecture With the proposed Site Plan and Appearance Review application, the Applicant is proposing the demolition of the existing administrative office building to construct a new 4,837 -square-foot structure. The new building will house clerical offices for the dean and other executive staff, as well as a meeting space for the school’s aftercare program, a clinic, and additional office space for school guidance counselors. The proposed administrative building will feature the colors “Color PT-01 White,” “Color PT-02 Light Grey,” and “Color PT-03 Dark Blue.” According to the Applicant, all proposed colors and stucco finishes will match the existing buildings and color palette on the subject property. The graphics below show the existing and proposed conditions for the Benjamin School’s administrative office building. SP-2024-02 Page 5 of 12 Benjamin School (PUD) Parking and Circulation Parking The Applicant has provided a proposed site plan indicating the existing and proposed parking spaces in accordance with the Village Code. The subject property is required to have a total of 223 parking spaces but currently provides 321 spaces on the school property and an additional 40 spaces within the McLaren Road right-of-way, which are excluded from the parking calculations. The parking spaces located within the McLaren Road right-of-way were approved by the Village Council pursuant to Ordinance No. 2013-06 through a parking waiver. The Village Council also approved a Revocable License and Indemnification Agreement to allow parking within the right - of-way, which will need to be amended to accommodate the additional parking. Furthermore, there are 45 additional parking spaces available at Crystal Cove Plaza for the Benjamin School that are not included in the proposed parking count. The graphic below shows the parking layout at the Benjamin School. Existing Administrative Building Proposed Administrative Building SP-2024-02 Page 6 of 12 Benjamin School (PUD) Circulation As part of the subject request, the Applicant has revised the previously approved traffic circulation and configuration to improve vehicular flow throughout the site, allowing for an extension of the pick-up/drop-off driveway. This extension provides additional on-site stacking and queuing. In 2013, the Applicant was required to provide a Drop-Off and Pick-Up Circulation Plan. The subject plan was reviewed as part of the previous approval pursuant to the conditions of approval (Section 6 I. of Ordinance No. 2013-06). According to the existing condition of approval, the Applicant is required to submit a circulation plan to the Village of North Palm Beach Police Department to ensure that vehicular circulation is functioning properly and is not detrimental to public safety and welfare. The proposed plan also maintains the same ingress and egress locations as currently depicted in the circulation plan. According to the Applicant, there will be no increase in the approved number of students as part of this application. The Applicant has provided the graphic below indicating the traffic flow during the construction phase. According to the traffic flow graphic, commuters will no longer enter the school from McLaren Road. Instead, parents and faculty will be redirected to Golfview Road toward the existing bank property. Commuters will continue westward, passing the newly proposed administrative building (Building 18), and exit the site back onto McLaren Road, utilizing the existing exit points for pick-up/drop-off. As part of the development approval process, the proposed traffic flow exhibit has been reviewed by Officer Lopez with the Village of North Palm Beach Police Department. Additionally, the Applicant has received an FDOT review letter for the closure of the existing right-in/right-out driveway located along the west side of US Highway 1 (see attached letter). SP-2024-02 Page 7 of 12 Benjamin School (PUD) SP-2024-02 Page 8 of 12 Benjamin School (PUD) Tree Mitigation The Applicant was previously granted waivers for the subject property. The subject amendment to the existing PUD, includes requests for two (2) additional waivers from the Village Code for the proposed Administrative Office building:  Waiver #1: Reduction in the required number of foundation plantings along the building facade, from four (4) facades to two (2).  Waiver #2: Reduction of three (3) foundation plants, where the code requires four (4) trees. The Applicant has provided the following table to demonstrate the requested waivers. WAIVER # CODE REQUIREMENT PROPOSED WAIVER W1. Sec 45-91. A.1.a. 1.There shall be foundation landscaping within five (5) feet of all buildings and structures. a. These landscape areas shall be provided along all four (4) facades of all structures, excluding rear service areas not visible by a public road right-of-way or not generally traveled by the public or visible from adjacent structures. Foundation landscaping provided along north and east building façade. Allow proposed foundation planting along (2) facades of the proposed administrative office building. W2. Sec 45-91. B.2. A minimum of one (1) tree shall be planted for each seventy-five (75) linear feet of building perimeter, using a species suitable for this location. 324.3 LF / 75 = 4 Required Foundation Planting Trees One (1) proposed foundation planting tree on east façade of building Allow reduction of three (3) required foundation planting trees for proposed administrative office building. SP-2024-02 Page 9 of 12 Benjamin School (PUD) Justification for Waivers Staff supports the justification for the requested waiver. There is limited space available for foundation planting on the west and south facades, creating a geographical hardship for installing required vegetation. The proposed administrative office is located adjacent to impervious material such as an existing sidewalk and surrounding facilities. The project area, however, features ample landscaping around its perimeter, and the site has a landscaping surplus to accommodate for the lack of foundation plantings. The proposed waivers are subject to approval at the board’s discretion. The Planning, Zoning and Adjustment Board determines whether the proposed improvements meet the Code’s Appearance Plan requirements. The criteria and design standards are listed next. CODE OF ORDINANCES APPENDIX A, SECTION IV CRITERIA FOR APPEARANCE These criteria are intended to establish a checklist of items that affect the physical aspect of the Village environment. Pertinent to appearance are the design of the site, buildings and structures, planting, signs, street hardware, and miscellaneous other objects that are observed by the public. These criteria are not intended to restrict imagination, innovation, or variety but rather to assist in focusing on design principles that can result in creative solutions that will develop a satisfactory visual appearance within the Village. D BUILDING DESIGN 1. Specific architectural styles are not mandated or banned, but the village encourages new buildings to reflect or evolve the distinct local character exemplified by the North Palm Beach Country Club Clubhouse, Village Hall and the Public Safety Building. This character is derived from local and regional examples including Anglo-Caribbean architecture, Florida vernacular, and masonry modern. 2. Evaluation of appearance of a project shall be based on quality of its design and relationship to surroundings. 3. Buildings shall have good scale and be in harmonious conformance with permanent neighboring development. 4. Materials shall have good architectural character and shall be selected for harmony of the building with adjoining buildings. a. Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those which are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways and adjoining properties. b. Inappropriate materials and methods, and those which will produce inconsistency with the structure of the building, shall be avoided. c. Materials shall be of durable quality. SP-2024-02 Page 10 of 12 Benjamin School (PUD) d. In any design in which the structural frame is exposed to view, the structural materials shall meet the other criteria for materials. 5. Building components—such as windows, doors, eaves, and parapets—shall have good proportions and relationship to one another. 6. The village discourages walls without windows or with too few windows; all-glass walls; and facades without visual interest or with entrances that are concealed or absent. 7. Colors shall be harmonious, with bright or brilliant colors used only for accent. 8. Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public ways, including waterways, service alleys, and adjoining properties. 9. Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design. 10. Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from public ways, including waterways, service alleys, and adjoining properties, using materials as stated in criteria for equipment screening. 11. Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance. 12. Inappropriate, incompatible, bizarre, and exotic designs shall be avoided. 13. The provisions of the North Palm Beach Village Code in regard to bulk regulations and standards, and those portions of the Village Code which directly affect appearance, shall be part of the criteria of this subsection. VIII. Conclusion & Finding of Fact The Planning, Zoning and Adjustment Board must determine if the Applicant has met the prerequisites for granting Site Plan and Appearance Review approval as outlined in the staff report and Exhibits “A” and “B”: 1. SPAR Application 2. Justification Statement prepared by Urban Design Studio 3. Warranty Deeds 4. Proposed Site Plan prepared by Urban Design Kilday Studios 5. Proposed Architectural Plans 6. Exhibit - Traffic Flow During Construction 7. Proposed Landscape Plan If the Planning, Zoning and Adjustment Board approves the Site Plan and Appearance Review petition and waivers, staff suggests the following conditions: SP-2024-02 Page 11 of 12 Benjamin School (PUD) A. South Florida Water Management District approval prior to issuance of first building permit. B. PBC Health Department approval prior to issuance of first building permit. C. Unity of Control approved by Village Attorney and recorded prior to issuance of first building permit. D. Irrigation Plans to be submitted and approved by the Village prior to issuance of first building permit. E. Revocable License and Indemnification Agreement approved by the Village and recorded prior to issuance of first building permit. At the request of The Benjamin School, Staff will attempt to review and approve both the Unity of Title and the Amendment to the Revocable License and Indemnification Agreement prior to the Village Council’s consideration of the Ordinance on second reading and append those documents to the Ordinance. PLANNING, ZONING AND ADJUSTMENT BOARD ACTION – April 1, 2025 Dr. Michels motioned to recommend approval of the Major Amendment to The Benjamin School as presented with one comment (as indicated below). The motion was seconded by Mr. Solodar and passed 6-1.  Applicant to provide information addressing the impacts on drainage for McLaren Road caused by the additional impervious parking area within the right-of-way. VILLAGE COUNCIL ACTION – April 10, 2025 At its April 10, 2025 meeting, the Village Council approved the Ordinance on first reading by a unanimous vote. SP-2024-02 Page 12 of 12 Benjamin School (PUD) Exhibit B Location Map Page 1 of 4 ORDINANCE NO. _____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING THE BENJAMIN SCHOOL 4 COMMERCIAL PLANNED UNIT DEVELOPMENT TO ADD AN ADJACENT 5 0.93 ACRE PARCEL TO THE PUD AND EXTEND THE PICK-UP/DROP-OFF 6 LOOP, DEMOLISH THE EXISTING ADMINISTRATIVE OFFICE BUILDING 7 AND CONSTRUCT A NEW ADMINISTRATIVE OFFICE BUILDING, 8 REMOVE THE UNCONSTRUCTED MAINTENANCE FACILITY FROM THE 9 SITE PLAN, AND RECONSTRUCT A PORTION OF PARKING WITHIN THE 10 MCLAREN ROAD RIGHT-OF-WAY; PROVIDING FOR CONDITIONS OF 11 APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR 12 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, through the adoption of Ordinance No. 2013-06 (“PUD Ordinance”) on March 28, 15 2013, the Village Council created The Benjamin School Planned Unit Development (“PUD”) on 16 14.8 acres of real property described in Exhibit “A” attached hereto and incorporated herein 17 (“Property”) and provided for the development of the Property in accordance with the plans, 18 specifications, waivers, and conditions referenced therein; and 19 20 WHEREAS, through the adoption of Ordinance No. 2017-10 (“First PUD Amendment 21 Ordinance”) on July 27, 2017, the Village Council approved a major amendment to the PUD to: 22 reinstate the prior approval of the proposed Maintenance Facility and change its configuration; and 23 add a two-story 13,171 square foot Science, Technology, Engineering and Mathematics Building 24 to the existing campus; and 25 26 WHEREAS, through the adoption of Resolution No. 2019-03 on April 25, 2019, the Village 27 Council approve a minor amendment to the PUD to reflect as-built conditions on the Property; and 28 29 WHEREAS, Urban Design Studios, agent, on behalf of The Benjamin Private School, Inc. 30 (“Applicant”) has filed an application for a second major amendment to the existing PUD to add 31 an adjacent .093 acre parcel to the PUD and extend the pick-up/drop-off loop; demolish the 32 existing Administrative Office building and construct a new Administrative Office building; 33 remove the unconstructed Maintenance Facility from the approved Site Plan; and reconstruct a 34 portion of the parking with the McLaren Road right-of-way; and 35 36 WHEREAS, the Village Council determines that approval of this Ordinance is in the best interests 37 of the Village of North Palm Beach and its residents. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 40 OF NORTH PALM BEACH, FLORIDA as follows: 41 42 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 43 44 Section 2. The Village Council hereby approves an amendment to The Benjamin School PUD, 45 as previously amended, to: 46 47 Page 2 of 4 A. Add 0.93 acres of land to the overall PUD (“former Bank Parcel”), as described in Exhibit 1 “B” attached hereto and incorporated herein by reference, thereby increasing the total 2 acreage of the PUD to 15.78 acres; 3 4 B. Demolish the existing structure on the former Bank Parcel and extend the pick-up/drop-off 5 loop into the former Bank Parcel; 6 7 C. Remove the approved 10,000 square-foot Maintenance Facility (Building 19) from the 8 approved Site Plan to reflect the current as-built layout north of Carolinda Drive; 9 10 D. Demolish the existing 2,300 square foot Administrative Office Building (Building 18) as 11 depicted on the approved Site Plan and construct a new 4,837 square foot Administrative 12 Office Building; and 13 14 E. Reconstruct a portion of the parking provided within the McLaren Road right-of-way for a 15 total of forty (40) parking spaces within the right-of-way. 16 17 Section 3. The Applicant shall develop and operate The Benjamin School PUD in accordance 18 with the plans approved through the adoption of Ordinance No. 2013-06, Ordinance No. 2017-10, 19 and Resolution No. 2019-03, as modified by the most recent version of the following plans on file 20 with the Village’s Building and Zoning Department: 21 22 A. Site Plan prepared by Urban Design Studio dated June 1, 2010 and last revised for submittal 23 to the Village on December 20, 2024 consisting of one page (SP-1). 24 25 B. Affected Area Landscape Plan prepared by Urban Design Studio dated October 11, 2024 26 and last revised for submittal to the Village on February 14, 2025 consisting of six pages 27 (LA-1 through LA-6). 28 29 C. Plans prepared by Harvard·Jolly dated October 7, 2024 and last revised for submittal to the 30 Village on December 2, 2024 consisting of four pages: an Architectural Demo & Proposed 31 Site Plan (AS-000); a Fire Separation Site Plan and Life Safety Plan (AS-001); a Roof Plan 32 (A1-141); and Exterior Elevation Rendering (A1-200). 33 34 Section 4. In approving this amendment to the PUD, the Village Council grants the following 35 additional modifications or “waivers” from the requirements of the Village’s land development 36 regulations: 37 38 A. A waiver from Section 45-91.A.1.a of the Village Code to allow for foundation landscaping 39 along the north and east building facades of the new Administrative Office building (the 40 Code requires foundation landscaping along all four facades excluding rear services areas 41 not visible by public road right-of-way or not generally traveled by the public or visible 42 from adjacent structures). 43 44 B. A waiver from Section 45-91.B.2 of the Village Code to allow one foundation planting tree 45 on the east façade of the new Administrative Office building (the Code requires one tree 46 for each seventy-five (75) linear feet of building perimeter or four foundation planting 47 trees). 48 49 Page 3 of 4 Section 5. The Village Council’s approval of this Amendment to The Benjamin School PUD 1 is subject to the following additional conditions: 2 3 A. The Applicant shall obtain South Florida Water Management District approval prior the 4 issuance of the first building permit. 5 6 B. The Applicant shall obtain Palm Beach County Health Department approval prior to the 7 issuance of a first building permit. 8 9 C. In lieu of amending the existing Unity of Title, the Applicant has submitted a Unity of 10 Control for inclusion of the former Bank Parcel in the PUD, as reflected in the amended 11 Site Plan. The Unity of Control, attached hereto as Exhibit “C,” shall be recorded in the 12 public records prior to the issuance of the first building permit. 13 14 D. The Applicant shall enter into an amended Revocable License and Indemnification 15 Agreement, in a form approved by the Village Attorney, to reflect the revised parking 16 configuration within the McLaren Road right-of-way. The amended Agreement shall be 17 approved by the Village Council and fully executed prior to the issuance of the first 18 building permit. 19 20 E. The Applicant shall obtain approvals and/or permits from the Village and all applicable 21 authorities prior to any road closures or right-of-way improvements. In the event Village 22 or other public facilities are damaged during the construction process, the Applicant shall, 23 prior to the issuance of a Certificate of Occupancy or Certificate of Completion, as 24 applicable, repair or replace such facilities sot that they are in at least as good condition as 25 existed prior to construction. 26 27 F. During construction, the Applicant shall abide by the undated aerial Plan showing Traffic 28 Flow During Construction Phase submitted with the Application materials. Once 29 construction is completed, the Applicant shall submit a new Drop Off and Circulation Plan 30 to the Village for review and approval by the Police Department. Should the Village Police 31 Chief determine that the Drop Off and Circulation Plan is not functioning properly or is 32 otherwise detrimental to the public safety and welfare, the Applicant shall implement 33 reasonable modifications to the Plan as requested by the Village. 34 35 G. Separate site improvement permits and applications shall be required for: (1) paving, 36 grading, drainage, water, and sewer improvements; (2) site lighting; (3) landscaping; and 37 (4) irrigation. 38 39 H. In granting this approval, the Village Council relied upon the oral and written 40 representations of the Applicant both on the record and as part of this application process. 41 Any deviation from such representations shall be considered a violation of this Ordinance. 42 43 Section 6. A violation of any of the requirements or conditions of this Ordinance shall be 44 enforced in the same manner as a violation of a Code provision or ordinance in accordance with 45 Article IV of Chapter 2 of the Village Code of Ordinances. 46 47 Page 4 of 4 Section 7. Each of the conditions and requirements of this Ordinance shall be binding upon 1 the Applicant and its successors in interest or assigns and shall be deemed covenants running with 2 the land. 3 4 Section 8. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 5 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, 6 such holding shall not affect the remainder of this Ordinance. 7 8 Section 9. All ordinances, resolutions or prior development permits or approvals relating to 9 the Property in conflict with the provisions of this Ordinance are hereby repealed only to the extent 10 of such conflict. To the extent not expressly modified herein, the remaining provisions of 11 Ordinance No. 2013-06, Ordinance No. 2017-10, and Resolution 2019-36 shall remain in full force 12 and effect. 13 14 Section 10. This Ordinance shall become effective immediately upon adoption. 15 16 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2025. 17 18 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 19 ___________, 2025. 20 21 22 (Village Seal) 23 MAYOR 24 25 26 ATTEST: 27 28 29 VILLAGE CLERK 30 31 APPROVED AS TO FORM AND 32 LEGAL SUFFICIENCY: 33 34 35 VILLAGE ATTORNEY 36 Page 1 of 4 EXHIBIT “A” LEGAL DESCRIPTION: Parcel One (PCN: 68-43-42-04-10-008-0030): A portion of Lot 3 of the SUBDIVISION OF GOVERNMENT LOT 8, Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida, according to the plat thereof, as recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida, more particularly described as follows: COMMENCING at the point of intersection of the North Right of Way line of McLaren Road and the East Right of Way line of Ellison Wilson Road, said point being the Southwest corner of said Lot 3, run thence North 3° 04' 10" West along the East Right of Way line of Ellison Wilson Road, a distance of 153.66 feet to the POINT OF BEGINNING of the herein described parcel; thence continue North 03° 04' 10" West along said Right of Way, a distance of 150.23 feet to the Northwest corner of said Lot 3; thence South 89° 54' 55" East along the North line of Lot 3, a distance of 120.06 feet; thence South, a distance of 150.00 feet; thence North 89° 54' 55" West, a distance of 112.01 feet to the POINT OF BEGINNING. TOGETHER WITH: The East 120 feet of the West 620 feet of the South 125 feet of Lot 6, GOVERNMENT LOT 8 SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida. TOGETHER WITH: The North 125 feet of the East 300 feet of the West 500 feet of Lot 6, GOVERNMENT LOT 8 SUBDIVISION according to the Plat thereof, as recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida. TOGETHER WITH: That part of Lot 6, according to the PLAT OF SUBDIVISION OF GOVERNMENT LOT 8, Section 4, Township 42 South, Range 43 East, as recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida, more particularly described as follows: Begin at the Southwest corner of Lot 6, of said Subdivision, run Northerly along the Easterly Right of Way line of Ellison Wilson Road, a distance of 125 feet; thence Easterly and parallel to the South line of Lot 6, a distance of 200 feet; thence continue South, a distance of 125 feet to the South line of said Lot 6; thence continue Westerly along the South line of Lot 6, a distance of 200 feet POINT OF BEGINNING. TOGETHER WITH: Page 2 of 4 Being a tract of land of Lots 3 and 4 of the SUBDIVISION OF GOVERNMENT LOT 8, Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida and more particularly described as follows: BEGINNING at the Southeast corner Lot 3; thence Westerly along the South line of said Lot 3 a distance of 210.00 feet; thence Northerly parallel with the East line of said Lot 3 to a point 150.00 feet South of the North line of said Lot 3; thence Westerly parallel with said North line a distance of 157.33 feet to a point 218.24 feet Easterly of the West line of said Lot 3 as measured along a line 150 feet South of and parallel with the North line of said Lot 3; thence Southerly parallel with the East line of said Lot 3 to a point in the South line of said Lot 3; thence Westerly along the South line of said Lot 3 a distance of 210.00 feet to the Southwest corner of said Lot 3; thence Northerly along the West line of said Lot 3 a distance of 153.66 feet to a point 150.00 feet South of, as measured at right angles to the North line of said Lot 3; thence Easterly parallel with and 150.00 feet South of, as measured at right angles to the North line of said Lot 3 a distance of 112.01 feet; thence Northerly parallel with the East line of said Lot 3 a distance of 150.00 feet to the North line of said Lot 3; thence Easterly along the North line of said Lot 3 a distance of 473.56 feet to the Northeast corner of said Lot 3; thence continue Easterly along the North line of said Lot 4 a distance of 100.00 feet; thence Southerly parallel with the West line of said Lot 4 a distance of 130.00 feet; thence Westerly parallel with the North line of said Lot 4 a distance of 100.00 feet to a point in the West line of said Lot 4, said West line of Lot 4 is common with the East line of Lot 3; thence Southerly along the East line of said Lot 3 to the Southeast corner of said Lot 3 and the POINT OF BEGINNING. The above described property may also be described as follows: Being a tract of land in Lots 3 and 4 of the SUBDIVISION OF GOVERNMENT LOT 8, Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida, consisting of the following described parcels: Parcel A: Being all of said Lot 3 LESS the East 367.33 feet and LESS the North 150.00 feet thereof. Parcel B: Being the East 210.00 feet of said Lot 3. Parcel C: Being the West 263.56 feet of the East 473.56 feet of the North 150.00 feet of said Lot 3. Parcel D: Being the North 130.00 feet of the West 100.00 feet of said Lot 4. TOGETHER WITH: Page 3 of 4 The West 300.00 feet of the East 420.00 feet of the West 620.00 feet (as measured along the North and South boundaries thereof) of Lot 6, PLAT OF SUBDIVISION OF GOVERNMENT LOT 8, Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida, according to the plat thereof recorded in Plat Book 18, Page 4 of the Public Records of Palm Beach County, Florida, LESS and EXCEPTING the North 175.00 feet (as measured at right angles to the North boundary thereof). TOGETHER WITH: A parcel of land in GOVERNMENT LOT 8, Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida; and being more particularly described as follows, to wit: From the Southeast corner of Lot 3 of the SUBDIVISION OF GOVERNMENT LOT 8, Section 4, Township 42 South, Range 43 East, as same is recorded in Plat Book 18, Page 4 of the Public Records of Palm Beach County, Florida, run West with the South line of Lot 3 for a distance o f 210.00 feet to the POINT OF BEGINNING of the parcel of land herein described; thence continue West for a distance of 132.33 feet to a point; thence North and parallel to the East line of said Lot 3, for a distance of 153.03 feet to a point in the South line of Van Munster; thence East and parallel to the North line of said Lot 3, for a distance of 132.33 feet to a point; thence South and parallel to the East line of said Lot 3 for a distance of 152.84 feet to the POINT OF BEGINNING. TOGETHER WITH: BEGINNING at a point in the South line of said Lot 3, 210 feet from the Southwest corner of said Lot 3, running East along said South line a distance of 25 feet; thence North and parallel to the East line of said Lot 3, to a point 150 feet from the North line o f said Lot 3, thence West and parallel to the North line of said Lot 3, a distance of 25 feet, thence South and parallel to the East lot line of said Lot 3, a distance of 152.53 feet to a POINT OF BEGINNING. Parcel Two (PCN: 68-43-42-04-10-008-0045): The South 172.53 feet of the West 100 feet and the South 112.33 feet of the East 50.16 feet of the West 150.16 feet of that certain parcel of land shown as "Lot 4-Not Included" on the Plat of SUBDIVISION OF GOVERNMENT LOT 8, Section 4, Township 42 South, Range 43 East, recorded in Plat Book 18, Page 4 of the Public Records of Palm Beach County, Florida. Parcel Three (PCN: 68-43-42-04-18-001-0000): All of the PLAT OF NORTH PALM BEACH PRIVATE SCHOOL, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 30, Book 204; Less those portions dedicated to Board of County Commissioners for Right of Way purposes. Parcel Four (PCN: 68-43-42-04-10-008-0050): Page 4 of 4 From the Northeast corner of Lot 5 according to the Plat of subdivision of Government Lot 8, Section 4, Township 42 South, Range 43 East, as recorded in Plat Book 18, Page 4, in and for the records of Palm Beach County, Florida; thence Westerly along the North line of said Lot 5 a distance of 9.84 more or less feet to the Westerly right-of-way line of U.S. Highway No. 1 and the point of beginning of the herein described parcels; thence continue along the North line of said Government Lot 5 a distance of 240.28 feet to a point; thence run Southerly at right angles to the North line of said Lot 5, a distance of 74.91 feet to a point; thence run Easterly parallel with the North line of said Lot 5, a distance of 273.6 feet to a point in the Westerly right-of-way line of said U.S. Highway No. 1; thence run Northwesterly along said Westerly right-of-way line a distance of 82 feet to the point of beginning of the herein described parcel. TOGETHER WITH: From the Northeast corner of Lot 5, according the Plat of subdivision of Government Lot 8, Section 4, Township 42 South, Range 43 East, as recorded in Plat Book 18, Page 4, in and for the records of Palm Beach County, Florida; thence run Southeasterly S2347’30”E along the Westerly right - of-way line of Highway No. 1, a distance of 82.00 feet to the point of beginning; thence continue Southeasterly along said Westerly right-of-way line, a distance of 200.04 feet to a point; thence North 89 54”40”W a distance of 273.41 feet to a point; thence North 23 47’30”W a distance of 200.63 feet to a point; thence run S89 47’58”E a distance of 273.64 feet more or less to a point in the Westerly right-of-way line of U.S. Highway No. 1, and the point of beginning of the above described parcel. Parcel Five (PCN: 68-43-42-04-10-008-0066): The South 125 feet (measured at right angles to the South boundary thereof) of Lot 6, Plat of Subdivision of Government Lot 8, Section 4, Township 42 South, Range 43 East, Palm Beach County, according to the plat thereof recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida, less the West 620 feet (measured along the North and South boundaries thereof), less that portion conveyed to Palm Beach County by Deed recorded in Deed Book 1150, at page 32. Parcel Six (PCN: 68-43-42-04-10-008-0069): A parcel of land being a portion of Lot 6, of the Plat of Subdivision of Government Lot 8, Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida, according to the Plat thereof, as recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida, and being more particularly described as follows: The Northerly 125 feet (measured at right angles to North boundary thereof) of the Easterly 142.27 feet of the westerly 620 feet (measured along North and South boundaries). Together with a portion of the right-of-way for Carolinda Drive (50 feet in width and 142.47 feet in length) located along the southern boundary of the parcel. EXHIBIT "B" LEGAL DESCRIPTION: (PCN: 68-43-42-04-10-008-0043): Parcel 1: A portion of that parcel of land shown as "Lot 4-Not Included" on the Plat of Subdivision of Government Lot 8, Section 4, Township 42 South, Range 43 East, recorded in Plat Book 18, Page 4, public records of Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast corner of said Lot 4; thence run Westerly along the South line of said Lot 4, 9.84 feet to the point of intersection of the West right-of-way line of U.S. One and the North right-of-way line of McClaren Road; thence continue Westerly along the South line of said Lot 4, a distance of 100.00 feet to the Point of Beginning of the herein described parcel; thence run Northwesterly along a line parallel with the East line of said Lot 4, a distance of 122.46 feet, more or less, to a point in a line which is parallel to the North line of said Lot 4 and 190 feet South of the said North line of Lot 4, as measured along the West line of said Lot 4; thence run Westerly along this said parallel line a distance of 190.00 feet; thence run Southerly to a point in the South line of said Lot 4, this point being 240.00 feet Westerly as measured along the South line of said Lot 4, from the Point of Beginning; thence run Easterly along the South line of said Lot 4 a distance of 240.00 feet to the Point of Beginning. AND Parcel 2: Part of Lot 4, as shown on the plat of Government Lot 8, Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida, and recorded in Plat Book 18, Page 4, Palm Beach County Public Records, more particularly described as follows: Beginning at the Northeast corner of Lot 4, aforedescribed, thence Southeasterly along the East line of said Lot 4, a distance of 129.49 feet; thence Westerly, parallel to the North line of said Lot 4, a distance of 9.84 feet to the Point of Beginning of the parcel of land to be herein described; thence continue Westerly along the same course a distance of 90.16 feet; thence Southeasterly, parallel to the said East line of Lot 4, a distance of 78.25 feet; thence Westerly, parallel to the said North line of Lot 4, a distance of 9.84 feet; thence Southeasterly, parallel to the East line of Lot 4 aforementioned, a distance of 122.46 feet to a point in the South line of Lot 4 aforedescribed; thence Easterly along the said South line of Lot 4, a distance of 100.00 feet; thence Northwesterly, parallel to the said East line of Lot 4, a distance of 200.50 feet to the Point of Beginning. Prepared by and after recording return to: Jeremy D. Bowerman, Esq. Jeck, Harris, Raynor & Jones, P.A. 790 Juno Ocean Walk, Suite 600 Juno Beach, FL 33408 Parcel Control Numbers: 68-43-42-04-10-008-0030 68-43-42-04-10-008-0043 DECLARATION OF UNITY OF CONTROL THIS DECLARATION of Unity of Control (“Declaration”) is made this f day of Apr f , 2025, by The Benjamin Private School, Inc., a Private School Corporation (“Declarant”). RECITALS: A. Declarant is the owner of the real property described on Exhibit A attached hereto and made a part hereof (the “Property”), located in Palm Beach County, Florida and within the jurisdictional limits of the Village of North Palm Beach, Florida (the “Village”); and B. Declarant desires to redevelop portions of the Property in accordance with that amended site plan approved by the Village, a copy of which is attached hereto as Exhibit B and made a part hereof (the “Site Plan’’) to, inter alia, improve traffic circulation; and C. The Village has a health, safety, and welfare interest in ensuring that any proposed redevelopment be in accordance with the Village’s comprehensive plan and all applicable land development regulations and development permits and orders then in effect; and D. Having determined that Declarant’s proposed redevelopment of portions of the Property in accordance with the Site Plan satisfies the foregoing, the Village has approved the same with a condition that this Declaration be executed and recorded in the Public Records of Palm Beach County, Florida; and E. The Village is a direct, third party beneficiary to this Declaration. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Declarant hereby subjects the Property to the following restrictions: 1. Recitals. The above recitals are incorporated herein by reference as though set forth in full in this Section 1. 2. Unified Control. All structures, uses, pedestrian areas, and parking areas on the Property are and will be part of The Benjamin School Planned Unit Development as approved by the Village, regardless of whether portions of the Property may now or from time to time be held in separate ownership. In furtherance of the foregoing, any redevelopment of the Property or portions thereof shall be in accordance with the Site Plan, as may be amended from time to time with approval from the Village. {17428.06000.00966111. 1 } 3. Covenants Run with the Land. The covenants and restrictions herein will be perpetual and will constitute covenants running with the land, will be binding upon any and all persons and entities, their respective successors in interest, assigns, heirs and personal representatives having or hereafter acquiring any right, title or interest in and to all or any portion of the Property, and all benefits deriving therefrom will accrue to the benefit of all persons and entities, their respective successors in interest, tenants, licensees, assigns, heirs and personal representatives having or hereafter acquiring any right, title or interest in all or any portion of the Property. 4. Modification and Termination. This Declaration may not be terminated or modified in any way except by means of an instrument executed by the Declarant with the consent of the Village Manager. 5. Miscellaneous. a. Each covenant in this Declaration is an independent and separate covenant. If any term or provision of this Declaration or the application thereof to any person or circumstance should to any extent be held invalid or unenforceable, the remainder of this Declaration and application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable will not be affected thereby, and each term and provision of this Declaration will be valid and enforceable to the fullest extent permitted by law. b. This Declaration shall be recorded in the Public Records of Palm Beach County, Florida. c. Failure of any party to insist upon or enforce its rights under this Declaration will not constitute a waiver of such rights. d. This Declaration shall be paramount and superior to all leases, conveyances, transfers, liens, assignments, contracts, mortgages, deeds of trust and other encumbrances affecting the Property, from and after the date of recording of this Declaration. Any person acquiring possession to, title of, or interest in the Property or any portion thereof shall do so subject to this Declaration. Any transferee of any interest in any portion of the Property by any means whatsoever shall be deemed, by acceptance of such interest, to have agreed to be bound by all of the provisions of this Declaration. e. As third party beneficiary, the Village has the right, but not the obligation to enforce this Declaration through legal, equitable or administrative proceedings. f. Venue for any legal action regarding this Declaration shall be in Palm Beach County, Florida. [END OF TEXT] {17428.06000.00966111. 1 } IN WITNESS WHEREOF, this instrument is executed as of the day and year first above written. Signed, sealed and delivered in the presence of: DECLARANT: The Benjamin Private School, Inc., a Private School Corporagion - Dowel Louse H Clee hu z01V Nané ord C. Cars Pritt Name: LOLA VA RRUZOW Title: \ 5 chee \ Address: 126638 Woononict PO of Pacm Bercy GAR DEWS FL Ay rARRH Loss Print Name: Deo-Ane ball Address: 7§3/ S4#é Da be Cree De, be Sarind PUSSYISS STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of tyson presence or online notarization, this yin day of OO | , 20025 by DAUIOCFAWS _, as ead JF = Schoee ( of The Benjamin Private School, Inc., a Private ; School Corporation, on behalf of said corporation. AVIP C FAW Sis [ nenscnally known to me or [ ] has produced as identification. X Llse rv 7 De Crud [Notary Seal] Rotary Public _ Leslie Dewas Name typed, printed or stamped My Commission Expires: ‘2 25 eu, Leslie L. Downs @ Comm.: HH 600056 é& Expires: Oct. 11, 2028 fits & hoary Publ State of Florida {17428.06000.00966111. 1 } EXHIBIT A (Property Legal Description) Parcel A (PCN: 68-43-42-04-10-008-0030): All lands described in that certain Unity of Title recorded in Official Records Book 26021, Page 1642 of the Public Records of Palm Beach County, Florida. Parcel B (PCN: 68-43-42-04-10-008-0043): Parcel 1: A portion of that parcel of land shown as “Lot 4-Not Included” on the Plat of Subdivision of Government Lot 8, Section 4, Township 42 South, Range 43 East, recorded in Plat Book 18, Page 4, public records of Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast corner of said Lot 4; thence run Westerly along the South line of said Lot 4, 9.84 feet to the point of intersection of the West right-of-way line of U.S. One and the North right-of-way line of McClaren Road; thence continue Westerly along the South line of said Lot 4, a distance of 100.00 feet to the Point of Beginning of the herein described parcel; thence run Northwesterly along a line parallel with the East line of said Lot 4, a distance of 122.46 feet, more or less, to a point in a line which is parallel to the North line of said Lot 4 and 190 feet South of the said North line of Lot 4, as measured along the West line of said Lot 4; thence run Westerly along this said parallel line a distance of 190.00 feet; thence run Southerly to a point in the South line of said Lot 4, this point being 240.00 feet Westerly as measured along the South line of said Lot 4, from the Point of Beginning; thence run Easterly along the South line of said Lot 4 a distance of 240.00 feet to the Point of Beginning. AND Parcel 2: Part of Lot 4, as shown on the plat of Government Lot 8, Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida, and recorded in Plat Book 18, Page 4, Palm Beach County Public Records, more particularly described as follows: Beginning at the Northeast corner of Lot 4, aforedescribed, thence Southeasterly along the East line of said Lot 4, a distance of 129.49 feet; thence Westerly, parallel to the North line of said Lot 4, a distance of 9.84 feet to the Point of Beginning of the parcel of land to be herein described; thence continue Westerly along the same course a distance of 90.16 feet; thence Southeasterly, parallel to the said East line of Lot 4, a distance of 78.25 feet; thence Westerly, parallel to the said North line of Lot 4, a distance of 9.84 feet; thence Southeasterly, parallel to the East line of Lot 4 aforementioned, a distance of 122.46 feet to a point in the South line of Lot 4 aforedescribed; thence Easterly along the said South line of Lot 4, a distance of 100.00 feet; thence Northwesterly, parallel to the said East line of Lot 4, a distance of 200.50 feet to the Point of Beginning. {17428.06000.00966111. 1 } EXHIBIT B (Site Plan) See attached {17428.06000.00966111. 1 } CONCRETE WALL AND COLUMNSCHAIN LINK FENCEAROUND CONC.DUMPSTER PADCATCH BASIN, TYP.PARCEL 5PARCEL 12WEST LINE PARCEL 12EAST LINE PARCEL 5CONC. POLEPOWER POLEEXISTINGCONC. WALLASPHALTASPHALT120.0'R.O.W.80.0'R.O.W.10.66.0' F.P.L and Southern Bell U.E.(O.R.B. 652, PG. 27)Seacoast U.E.(O.R.B. 7552, PG. 682)GYMNASIUM6.0' U.E. P.B. 30, PG. 204CLASSROOMCLASSROOMCLASSROOMCLASSROOM5.0' F.P.L. EASEMENT(O.R.B. 420, PG.308)(O.R.B. 3340, PG.1999)CLASSROOMCLASSROOMADMIN.CLASSROOM20' WATER U.E.(O.R.B. 9862, PG.749)BASKETBALLCOURTBASKETBALLCOURTS6.0' F.P.L. EASEMENT(O.R.B. 1924, PG.1326)8.0' CONCRETESIDEWALKCHAIN LINKFENCE.CHAIN LINKFENCE.ALUMINUMFENCE, TYP.ALUMINUMFENCE, TYP.6' ALUMINUMFENCE, TYP.SOCCERPITCHPASSIONIST MONASTERYZONING: C1FLU: MIXED USEFLORIDA POWER &LIGHTZONING: C1FLU: COMMERCIALCRYSTAL TREEZONING: C1FLU: COMMERCIALCONDOZONING: R3FLU: HIGH DENSITYRESIDENTIALNORTH PALM BEACHMARKETPLACEZONING: C1FLU: COMMERCIALPALM BEACH COUNTYUNINCORPORATEDZONING: RMFLU: HR1224.0'21.7'18.1'14.2'25.2'25.8'20.6'26.7'24.0'18.6'23.3'ENTERPRISE CARRENTALZONING: C1FLU: COMMERCIALNORTH PALM BEACHMARKETPLACEZONING: C1FLU: COMMERCIALEXISTINGSIGNEXISTINGSIGNEXISTINGSIGNSHEDLIFT STATIONPARKING BELOW2ND FLOOR(7 SPACES)MAINTENANCEADMINISTRATION10.0' F.P.L. U.E.(O.R.B. 9388, PG. 720)EXISTINGSCHOOLCROSSWALKSCHOOLCROSSWALKSIGN8 EXISTINGFACULTY PARKING12345FIRE HOUSE6CLASSROOM789HEADMASTER10FINE ARTS/CLASSROOM12131514CLASSROOM161718MUSIC CENTEROFFICEABCDPROPOSEDGATEPROP. CROSSWALKAND SIGN WITH ADARAMPSOFFICEFront Setback 71.1'FRONTSETBACK 26'SIDE STREETSETBACK34'SIDE STREETSETBACK27'Setback 63'REAR SETBACK 28'77.0'SETBACK75'SIDESTREETSETBACK45'SETBACK 0'(AT PROPERTY LINE)11' SetbackPROPOSEDFACULTYPARKINGRELOCATEDFENCEEXISTING OAKTREE TO REMAINEXISTINGSIDEWALKCONNECTIONTO US120'20'10'EXISTINGGATEPROPOSED5' SIDEWALKPROPOSED5' SIDEWALK6'6' Clear Zone6' Clear Zone6'6' Gate24' Rolling Gate24' RollingGate24' Rolling Gate24' Rolling Gate6' GateFlag Pole6' Gate6' Gate6' Gate6' Gate6' Gate10' Gate6' ALUMINUMFENCE, TYP.6' chain linkfence12'5'18'Existingplanter tobe removedSTEM204'-2" HT.RAILING18.1'50'x420' SEACOASTWATER AND SEWEREASEMENT (O.R.B.26061, PG. 123)16'x16' SEACOAST UTILITY AUTHORITY U.E.(O.R.B. 20723, PG. 1275)1st FLOOR: 11.00' FFE2nd FLOOR: 25.83' FFEEXISTING FIRE HYDRANTPROPOSED FDCGATEGATEBUSBUSBUS35.0'10.0'BUS STAGING30.1'6.34'28.64'27.37'63.86'31.59'8.67'9.5'20.0'24.0'24.0'12.0'12.0'16.0'PROPOSED 6.0' SIDEWALKPROPOSEDFACULTYPARKING5.0' BUFFER5.0' BUFFER5.0' BUFFER5.0' BUFFERCAROLINDA DR.FLAGPOLE37.2'SIDE S.B.521.6' SIDE SETBACK616.8'REARSETBACKSITE DATANAME OF DEVELOPMENT THE BENJAMIN SCHOOLPRINCIPAL USE PRIVATE SCHOOLEXISTING LAND USE DESIGNATIONEDUCATIONAL/COMMERCIALPROPOSED LAND USE DESIGNATION COMMERCIALEXISTING ZONINGC1,C1A,R2PROPOSED ZONINGC1/PUDSECTION 04 TOWNSHIP 42 RANGE 43PCN(S) 68-43-42-04-18-001-000068-43-42-04-10-008-005068-43-42-04-10-008-003068-43-42-04-10-008-006668-43-42-04-10-008-004568-43-42-04-10-008-006968-43-42-04-10-008-0043SITE AREA15.747 AC. (686,044.89 S.F.)MAX FLOOR TO AREA RATIO (FAR).35EXISTING FAR.25PROPOSED FAR.25MAX LOT COVERAGE25%EXISTING LOT COVERAGE19.9%PROPOSED LOT COVERAGE20.1%MAX BUILDING HEIGHT4 STORIES (44')EXISTING BUILDING AREA165,481 S.F.PROPOSED OFFICE BUILDING4,837 S.F.EXISTING OFFICE BLDG. TO BE DEMOLISHED 2,300 S.F.TOTAL BUILDING AREA168,018 S.F.TOTAL PARKING REQUIREDTOTAL REQUIRED PARKING223 SP.TOTAL PROVIDED PARKING321 SP.EXISTING CAMPUS PARKING 132 SP.NORTH AREA PARKING118 SP.PROPOSED PARKING 71 SP. (INCLUSIVE OF ACCESSIBLE PARKING - 4 SP.)ACCESSIBLE PARKING REQUIRED8 SP.ACCESSIBLE PARKING PROVIDED10 SP.LOWER SCHOOL BUILDINGS, SQUARE FOOTAGES & PARKINGParking Spaces Required1. Classroom 4,828 sf 5 sp.*2. Office2,268 sf 2 sp.*3. Classroom4,689 sf 5 sp.*4. Classroom4,689 sf 5 sp.*5. Admission2,062 sf 2 sp.*6. Fire House3,534 sf 4 sp.*7. Classroom12,536 sf 13 sp.*8. Administration 8,000 sf 8 sp.*9. Headmaster769 sf 1 sp.*10. Fine Arts/ Class Rm/ Maintenance 25,355 sf 25 sp.*12. Classroom18,000 sf 18 sp.*13. Classroom3,472 sf 3 sp.*14. Classroom/ Library/ Wrestling room/Gym/ Locker room/ Offices 350 seats 88 sp.**15. Classroom3,217 sf 3 sp.*16. Classroom13,553 sf 14 sp.*17. Music Center6,900 sf 7 sp.*18. Office4,837 sf 5 sp.*20. Stem Building13,171 SF13 sp.*Total223 sp.* Per Section 45-28.F.4; 1 parking space per 1,000 SF of floor area.** Per Section 45-33.E.5; 1 parking space per 4 seats of Auditorium.See Justification Statement for waiver requests.APPROVED WAIVERSPROPOSED WAIVERSLOCATION MAPPGA BLVD.PROSPERITY FARMS RD.BURNS RD.ELLISON WILSON RD. US 1.US 1.MCLAREN RD.SITEPICKUP AND DROP OFF LOCATIONWOW, Pre-K through 3rd grade2nd and 3rd grade (Middle School pick up only)Middle School4th and 5th gradeABCDDrawing name: H:\JOBS\Benjamin Maintenance Facility_05-017\The Benjamin School_PUD_.003\Drawings\Site Plan\SP_03-07-25_REV SITE DATA.dwgScale:0P 561-366-1100F 561-366-1111www.udkstudios.com477 S. Rosemary Ave., Suite 225The Lofts at City PlaceWest Palm Beach, FL 33401STUDIOSUrban Planning & DesignLandscape ArchitectureCommunication GraphicsCopyrightAll ideas, designs, arrangements, and plansrepresented by this drawing are owned by and the property of the designer, and werecreated for the exclusive use of the specified project. These ideas, designs, arrangements or plans shall not be used by, or disclosed to any person, firm, or corporation without the written permission of the designer.Submittal Dates : CommentsDesigned By:Drawn By:Checked By:Project No.:Date:NORTHLower School The Benjamin School Record Site Plan North Palm Beach, Florida 06.01.201005-017.002LMBLMBWT/CV1" = 50'-0"25' 50' 100'SP-1of 110.26.10 LMB Submittal02.15.11 SCM SP Revisions03.15.11 SCM Add Area03.16.12 SCM Submittal06.29.12 SCM Resubmit to Village12.03.12 SCM Resubmit to Village04.17.13 SCM Add Security Fences03.14.17 SCM/TLM Add Stem Building04.11.17 SCM/TLM Add Stem Building05.18.17 TLM ResubmittalNote:·45 parking spaces are available at Crystal Tree Plaza for BenjaminSchool parent parking for drop-off and pickup per agreement.·40 parking spaces in the McLaren Road ROW are subject of alicence agreement with Town of North Palm Beach.·These spaces are not included in the provided parking tabularSetback TableIn accordance with Appendix C, Article III,The following are the required and proposed setbacks:Front: Min 50'Side Street: Min 100'(US 1)Side Street: NA(Ellison Wilson Rd.)Rear: NA06.08.17 TLM Resubmittal04.04.19 JWB As-Built STEM Bldg.1110.14.24 JEV SUBMITTAL 12.20.24 RESUBMITTAL 24'-0"5'-0"24'-0"R49'-0"20'-0"TYP.12'-0"12'-0"20'-0"TYP.20'-0"12'-0"TYP.12'-0"TYP.5'-0"TYP.5'-0"TYP.9'-6"TYP.20'-0"TYP.9'-6"9'-6"TYP.20'-0"TYP.9'-6"TYP.20'-0"TYP.9'-6"TYP.20'-0"TYP.9'-6"TYP.20'-0"TYP.9'-6"TYP.20'-0"TYP.9'-0"TYP.R90'-0"9'-6"TYP.20'-0"TYP.12'-0"12'-0"R25'-0"9'-6"TYP.9'-6"TYP.60'-0"60'-0"40'-0"40'-0"40'-0"40'-0"80'-0"60'-0"10'-0"TYP.5'-0"5'-0"2'-0"5'-0"15'-0"6'-33_4"20'-0"5'-0"6'-0"6'-0"20'-0"20'-0"34'-0"5'-6"6'-0"R25'-0"26'-0"6'-0"135°6'-0"40'-0"12'-0"9'-0"TYP.20'-0"7'-10"35' INSIDE RADIUSDSDSDSDSDSDSDSDSDSDSDSDS(1) 28'-0"W BLACK ALUMINUMDECORATIVE PICKET SLIDING GATEATTACH THE NEW FENCE TOTHE EXISTING FENCEEXISTING FENCE TOREMAINATTACH THE NEW FENCETO THE EXISTING FENCEEXISTING FENCE TOREMAIN TO THE WESTPROVIDE TIE IN POST AT THECORNER OF THE BUILDINGEXISTING FENCE TO REMAIN TO THEEAST. NEW FENCE TO WEST MATCHWITH EXISTING FENCEBLACK ALUMINUM DECORATIVEPICKET FENCE TO MATCH WITHEXISTING FENCE, TYP.NEW BUILDINGEXISTING BUILDINGEXISTING BUILDINGEXISTING BUILDINGFIN. FLR.:16.80EXISTING GATE AND SLIDINGGATE TO REMAINNEWFLAGPOLEFACULTYPARKINGRAMP DNRAMP DN570502503504505508509523528529530534535537538539540541544545546548549551552554555556561562564565566567568569571572573577578589590591592542547550553593MCLAREN ROAD(MONET ROAD)80' PUBLIC RIGHT-OF-WAY(P.B. 18, PG. 4)MCLAREN ROAD (MONET ROAD)80' PUBLIC RIGHT-OF-WAY(P.B. 18, PG. 4)FEDERAL HIGHWAY120' PUBLIC RIGHT-OF-WAY(FDOT MAP SECTION 93040-2112)479.98'200.50'(D) N23°46'00"W (P)71 SPACES ON SITECLCLS88°09'31"E247.88'N22°00'36"W78.23'S88°10'26"E90.26'S21°59'57"E200.48'N88°14'36"W1067.49'N88°14'36"W1067.49'FDCWVWVHYD532510511506512513514515516517518519520521522524525526527531533536543557558559560563574575576579580581582584585586587588583MCLAREN ROAD(MONET ROAD)80' PUBLIC RIGHT-OF-WAY(P.B. 18, PG. 4)MCLAREN ROAD (MONET ROAD)80' PUBLIC RIGHT-OF-WAY(P.B. 18, PG. 4)FEDERAL HIGHWAY120' PUBLIC RIGHT-OF-WAY(FDOT MAP SECTION 93040-2112)479.98'200.50'(D) N23°46'00"W (P)BUILDINGFIN. FLR.=20.45BUILDINGFIN. FLR.=18.66CLLCLS88°09'31"E247.88'N22°00'36"W78.23'S88°10'26"E90.26'S21°59'57"E200.48'N88°14'36"W1067.49'N88°14'36"W1067.49'FDCWVWVHYDGATE 09GATE 08GATE 06Existing Gate 01GATE 07GATE 05GATE 04Gate 011. WORK SHALL BE SCHEDULED WITH THE FACILITY TO MINIMIZE DISRUPTION OF ON-GOING OPERATIONS.2. BEFORE WORK IN ANY EXISTING AREA COMMENCES THE OWNER/ ADMINISTRATION MUST BE NOTIFIED AND THE AREAS RELEASED FOR CONSTRUCTION.3. THE CONSTRUCTION PHASING OF THIS PROJECT IS OF THE UTMOST IMPORTANCE. ALL TRADES SHALL GUARANTEE THAT THEIR WORK IS IN ACCORD WITH THE PHASING PLANS. SHOULD IT BE NECESSARY TO ACCOMPLISH WORK IN AREAS WHICH ARE NOT INCLUDED IN THE PHASING PLANS, SUCH WORK SHALL BE DONE WITH THE MINIMUM OF DISTURBANCES AND INTERRUPTIONS OF EXISTING SERVICES AS POSSIBLE. ALL SERVICE INTERRUPTION ESSENTIAL TO THE WORK SHALL BE SCHEDULED WITH THE OWNER. ALL TRADES SHALL COOPERATE AND COORDINATE THEIR WORK TO ALLOW THE COMPLETION OF THE WORK WITH THE LEAST POSSIBLE NUMBER OF INTERFERENCES WITH THE SERVICES OF THE EXISTING BUILDING.4. THE CONTRACTOR SHALL AT ALL TIMES MAINTAIN SAFE EXITS, CLEARLY MARKED DIRECTION, INFORMATION AND WARNING SIGNAGE CONFORMING TO EXISTING SIGNAGE SIZE, SHAPE AND COLOR THROUGHOUT THE DURATION OF THE PROJECT, WORK SHALL BE PERFORMED TO ALLOW FOR CONTINUING ACCESS THROUGH CORRIDORS.5. CONTRACTOR SHALL PROVIDE A DETAILED WORK SCHEDULE FOR PHASING OF THE WORK.6. CONTRACTOR MAY RECOMMEND ALTERNATIVE PHASING PLANS SUBJECT TO THE OWNER'S APPROVAL.7. SILENCERS SHALL BE REQUIRED IN HILTIGUNS AND OTHER SPECIAL TOOLS FOR CONSTRUCTION.8. CONTRACTOR SHALL FOLLOW INTERIM LIFE SAFETY MEASURES AS REQUIRED BY THE OWNER; REFER TO THE SPECIFICATIONS.9. INSTALLATION OF NEW FINISHES SHALL IMMEDIATELY FOLLOW REMOVAL OF OLD FINISHES TO MINIMIZE DISRUPTION TO FACILITY.10. IT IS ASSUMED THAT WORK WILL BE REQUIRED IN OCCUPIED AREAS SCHEDULED FOR LATER PHASED WORK TO EXTEND SERVICES AND UTILITIES. SUCH WORK SHALL BE SCHEDULED WITH THE OWNER/ ADMINISTRATORS TO MINIMIZE DISRUPTION OF ON GOING OWNER OPERATIONS.11. IF A HEALTHCARE RELATED PROJECT, PRIOR TO COMMENCEMENT OF WORK, CONTRACTOR SHALL FAMILIARIZE HIMSELF WITH INFECTION CONTROL, PHASING AND DEMOLITION REQUIREMENTS INCLUDED IN THE ENTIRE CONTRACT DOCUMENTS, THE OWNER'S INFECTION CONTROL CONSTRUCTION WORKSHEETS AND THE OWNERS INFECTION CONTROL STANDARD PROCEDURES.12. PRIOR TO COMMENCEMENT OF WORK, CONTRACTOR SHALL MEET WITH THE OWNER TO REVIEW PHASING, SCOPE OF WORK AND FACILITY'S REQUIREMENTS.13. ALL TEMPORARY CONSTRUCTION BARRIER AND VESTIBULE ACCESS DOORS SHALL HAVE POSITIVE LATCHING HARDWARE AND CLOSER.SITE PLAN NOTES:CHAIN LINK FENCE ARCHITECTURAL FENCEEXISTING BUILDING TO REMAINEXISTING BUILDING TO REMAINEXISTING BUILDING TO REMAIN111122TYP.234445TYP.11TYP.11TYP.31313137131313TYP.11TYP.114TYP.11TYP.113TYP.11TYP.11TYP.3TYP.3TYP.3TYP.11TYP.11TYP.116677TYP.11333TYP.276TYP.2188TYP.888TYP.888TYP.119TYP.10TYP.10TYP.10TYP.101212TYP.12TYP.12114TYP.14TYP.14151616161616161616TYP.2171812419202012 #SITE DEMOLITION NOTES:1. COMPLETELY REMOVE EXISTING ASPHALT PAVING SYSTEM, INCLUSIVE OF DRAINAGE STRUCTURES. COORDINATE REMOVAL OF UNDERGROUND UTILITIES W/ CIVIL DRAWINGS.2. COMPLETELY REMOVE EXISTING BOLLARDS IN ITS ENTIRETY.3. COMPLETELY REMOVE EXISTING SIGNAGE IN ITS ENTIRETY.4. COMPLETELY REMOVE EXISTING CONCRETE WALKWAY/ PAVER SYSTEM IN ITS ENTIRETY.5. COMPLETELY REMOVE EXISTING SITE WALL/ COLUMN STRUCTURE IN ITS ENTIRETY INCLUSIVE OF FOOTINGS AND ALL ATTACHED COMPONENTS.6. COMPLETELY REMOVE EXISTING BUILDING/ STRUCTURE IN ITS ENTIRETY, INCLUSIVE OF BELOW GRADE STRUCTURES & UTILITIES, METAL STAIRS & RAMPS AND ALL ASSOCIATED MECHANICAL, ELECTRICAL AND PLUMBING EQUIPMENT, U.N.O.7. COMPLETELY REMOVE EXISTING POLE MOUNTED LIGHT SYSTEM. COORDINATE WITH ELECTRICAL.8. COMPLETELY REMOVE EXISTING FENCE SYSTEM AND ASSOCIATED GATES, U.N.O. INCLUDING FOUNDATION. 9. COMPLETELY REMOVE EXISTING FLAG POLE IN ITS ENTIRETY.10. EXISTING WATER/ SANITARY/ STORM/ ELECTRICAL/ LOW VOLTAGE TO BE REMOVED. COORDINATE WITH CIVIL, PLUMBING AND ELECTRICAL.11. EXISTING TREE, REFER TO TREE DISPOSITION PLAN IN CIVIL AND LANDSCAPE DOCUMENTS FOR REQUIREMENTS. (REFER TO SURVEY FOR TREE TYPE.)12. EXISTING STRUCTURE TO REMAIN. PROTECT DURING CONSTRUCTION.13. EXISTING LIGHT POLE TO REMAIN. PROTECT DURING CONSTRUCTION.14. COMPLETELY REMOVE EXISTING SITE FURNISHING IN ITS ENTIRETY.15. REMOVE WELL PUMP INCLUDING ALL PIPING AND ELECTRICAL. CAP WELL BELOW GRADE. 16. EXISTING SIGNAGE TO REMAIN. PROTECT DURING CONSTRUCTION.17. EXISTING IRRIGATION EQUIPMENT TO REMAIN (REFER TO CIVIL DRAWINGS). PROTECT DURING CONSTRUCTION. 18. AT&T HAND HOLE TO REMAIN.19. EXISTING GATE TO REMAIN. PROTECT DURING CONSTRUCTION.20. EXISTING FENCE TO REMAIN (SEE SITE PLAN). PROTECT DURING CONSTRUCTION.GENERAL DEMOLITION NOTES1. SITE VISIT - PRIOR TO SUBMITTING A PRICE, CONTRACTOR SHALL VISIT THE PROJECT SITE AND THOUGHROUGHLY BECOME FAMILIAR WITH EXISTING CONDITIONS. NO CLAIMS FOR ADDITIONAL WORK DUE TO OBSERVABLE CONDITIONS WILL BE CONSIDERED. 2. DEMOLITION WORK - CARRY OUT DEMOLITION WORK TO CAUSE AS LITTLE INCONVENIENCE TO ADJACENT OCCUPIED BUILDING AREAS. DEMOLISH IN AN ORDERLY AND CAREFUL MANNER AS REQUIRED TO ACCOMODATE NEW WORK. PERFORM DEMOLITION IN ACCORDANCE WITH APPLICABLE AUTHORITIES HAVING JURISDICTION. TAKE CARE TO PREVENT DAMAGE AND EXCESSIVE NOISE OR VIBRATION SO AS TO NOT DISTURB ADJACENT AREAS TO REMAIN. 3. SCHEDULING - SCHEDULE DEMOLITION WORK WITH FACILITY ADMINISTRATION/ OWNER PRIOR TO START OF THE WORK. 4. PROTECTION - EXERCISE CARE DURING WORK TO PROTECT EXISTING ELEMENTS AND SYSTEMS TO REMIAN. REPAIR TO EXISTING CONSTRUCTION DUE TO DAMAGE CAUSED BY PERFORMING THE WORK SHALL BE PERFORMED AT NO COST TO THE OWNER. 5. HAZARDOUS MATERIALS - THE CONTRACTOR SHALL IMMEDIATELY REPORT ANY HAZARDOUS OR TOXIC MATERIALS DISCOVERED TO ARCHITECT, OWNER, AND AUTHORITIES HAVING JURISDCITION. 6. WHERE OPENINGS ARE CREATED IN EXISTING CONSTRUCTION TO REMAIN, VISIBLE EDGES OF THE OPENING SHALL BE FINISHED TO A MATCHING CONDITION OF SIMILAR EXISTING OPENINGS IN THE AREA OF WORK. 7. WHERE DOORS OR WINDOWS OR SYSTEMS IN AN EXISTING OPENING ARE REMOVED, REMOVE ALL NON STRUCTURAL ELEMENTS SUCH THAT WILL ALLOW FOR REQUIRED INFILL WALLS ALIGNED TO BE FINISHED AND MATCHED FLUSH ON BOTH VISIBLE SIDES OF ADJACENT WALLS U.O.N.8. WHERE EXISTING MECHANICAL, PLUMBING, ELECTRICAL AND FIRE PROTECTION SYSTEMS ARE AFFECTED BY DEMOLITION WORK, THE SERVICES SHALL BE REMOVED TO A POINT WHERE THEY CAN BE CAPPED AND TERMINATED U.O.N.9. WHERE NEW FINISHES ARE SCHEDULED FOR EXISTING OR RENOVATED SPACES, REMOVE EXISTING FINISHES AND PREPARE SUBSTRATES AS REQUIRED TO RECEIVE NEW FINISHES AS SCHEDULED. PREPARATION INCLUDES BUT IS NOT LIMITED TO: PATCHING AND/ OR LEVELING OF FLOORS, SKIM COATING OF GYPSUM AND PLASTER SURFACES, SANDING OF NON-PRE-FINISHED METALS.10. CUTTING AND PATCHING REQUIRED FOR THE INSTALLATION OF WORK OF OTHER TRADES SHALL BE PROVIDED AT NO ADDITIONAL COST TO THE OWNER. REFER TO MECHANICAL, PLUMBING, ELECTRICAL AND FIRE PROTECTION DRAWINGS AS APPLICABLE. SUCH CUTTING AND PATCHING INCLUDES BUT IS NOT LIMITED TO ROOF PENETRATIONS AND FLASHINGS, CEILING REMOVAL AND REPLACEMENT, DRYWALL AND MASONRY PARTITIONS, CONCRETE FLOORS ETC.11. WHERE DEMOLITION WOULD AFFECT THE STRUCTURAL INTEGRITY OF THE BUILDING, PROVIDE TEMPORARY SUPPORTS. CONTRACTOR SHALL NOTIFY ARCHITECT OF ANY FOUND CONDITION WHICH WOULD REPRESENT A HAZARDOUS CONDITION TO THE STRUCTURE BEFORE PROCEEDING. DO NOT PERFORM STRUCTURAL DEMOLITION UNTIL APPROVED MEANS OF SUPPORTS IS INSTALLED.12. CONSTRUCTION LIMITS - SOME ITEMS OF DEMOLITION MAY REQUIRE ACCESS IN AREAS OUTSIDE OF THE CONSTRUCTION LIMITS. PROPER COORDINATION AND NOTIFICATION OF THE OWNER SHALL BE REQUIRED PRIOR TO PERFORMING SUCH WORK.13. ALL MATERIALS REMOVED UNDER THIS CONTRACT, WHICH IS NOT TO BE SALVAGED OR REUSED, SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE PROMPTLY REMOVED FROM THE SITE. TO CONVEY MATERIALS, USE MOVABLE COVERED, DEBRIS BOXES. DO NOT STORE/ PERMIT DEBRIS TO ACCUMULATE ON SITE.14. FLOORS - CONTRACTOR SHALL FIELD VERIFY LEVELNESS OF EXISTING FLOOR SLABS AFTER COMPLETION OF DEMOLITION WORK AND BRING TO THE ARCHITECT'S ATTENTION ANY DEVIATION FROM SPECIFIED TOLERANCES. ANY CORRECTIVE WORK SHALL BE ACCOMPLISHED PRIOR TO NEW CONSTRUCTION. 15. EQUIPMENT COORDINATION - OWNER AND CONTRACTOR SHALL COORDINATE PRIOR TO CONSTRUCTION FOR ANY SYSTEM/ DEVICE/ EQUIPMENT THE OWNER PREFERS TO REMOVE INCLUDING ITS STORAGE REQUIREMENTS. 16. DEMOLITION NOTES - NUMBERED NOTES BELOW ARE SUMMERIZED FOR SYSTEMS TO BE DEMOLISHED. THESE ARE NOT CONSIDERED TO BE ALL-INCLUSIVE OR COMPLETE IN OF THEMSELVES. PERFORM ADDITIONAL DEMOLITION THAT MIGHT REASONABLY BE REQUIRED FOR PREPARATION OF INSTALLING NEW WORK AND SPECIFIED FINISHES.17. REFER TO CIVIL AND MEP DRAWINGS FOR ADDITIONAL SITE DEMOLITION KEYNOTES18. CM TO COORDINATE THE REMOVAL OF THE EXISTING LANDSCAPING AS REQUIRED TO REMOVE AND REPLACE SITE FENCING. COORDINATE WITH LANDSCAPE PLANS.1/32" = 1'-0"1DEMOLITION SITE PLAN1/32" = 1'-0"2PROPOSED SITE PLAN2047 VISTA PKWY., STE. 100, WEST PALM BEACH, FL 33411561.478.4457© 2024 HARVARD JOLLY, INC.Comm. No:Date:Drawn:TO THE BEST OF MY KNOWLEDGE, THE PLANS AND SPECIFICATIONS COMPLY WITH THE MINIMUM BUILDING CODES.RENE TERCILLA, AIA, ALEPLICENSE # AR13566DCBA345621DCBA345621www.HarvardJolly.com AR 0013140PRINTED:FILE PATH:HRA VARDJOLLY12/3/2024 2:56:23 PMAutodesk Docs://BenjaminSch_23108.00_LS Admin Parent Drop off/AR23_23108-00_BLS_Admin_Parent_Drop-off.rvt23108.00AS-00010/07/2024AK11000 Ellison Wilson Rd,North Palm Beach, FL, 33408Admin. Bldg. & Parent Drop-offSITE PLAN APPROVALARCHITECTURALDEMO & PROPOSEDSITE PLANThe Benjamin School-Lower SchoolRevisionsNo. DateRevisionDescription1 12/02/24 ADD. 1 STAFFCOMMENTSNN1 5 23 S SSSSS SSSSSSSSSSSSSSSSSS SSSSSSSSSSSSSSSSSS SSSSSSSSSSSSSSSSSS SSSSSSSSSS S SS S SS S SS S SSSSS SSSSSSSSSSSSSSSSSS SSSSSSSSSSSSSSSSSS SSSSSSSSSSSSSSSSSS SSSSSSSSSS PROVIDED CHAPTER 5 TABLE 504.3 ALLOWABLE HEIGHT IN FEET ABOVE GRADE PLANE TABLE 504.4 ALLOWABLE NO. OF STORIES ABOVE GRADE PLANE FLORIDA BUILDING CODE 8TH EDITION (2023)BUILDING PHYSICAL PROPERTIES S: 75'-0" CHAPTER 6 6.1.1.1. AND 6.1.1.2 FLORIDA FIRE PREVENTION CODE 8TH EDITION (2023) NFPA101 (2021) SPRINKLER SYSTEM YES 1 STORY 24'-0" S: 2 STORIES BUILDING AREAS PROVIDED BEARING WALLS - EXTERIOR NON-BEARING WALLS - EXTERIOR BUILDING ELEMENTS STRUCTURAL FRAME FLOOR CONSTRUCTION ROOF CONSTRUCTION BEARING WALLS - INTERIOR TABLES 601, 602508.4, 509 & 1020.1 NFPA 101 7.1.3 AND TABLES 6.1.14.4.1 AND ANNEX TABLE A8.2.1.2 FLORIDA BUILDING CODE 8TH EDITION (2023) FIRE RESISTANCE RATING REQUIREMENTS FOR BUILDING ELEMENTS NON-BEARING WALLS - INTERIOR OCCUPANCY SEPARATION TABLE 508.4 CORRIDORS TABLE 1020.1 FLORIDA FIRE PREVENTION CODE 8TH EDITION (2023) 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR 0 - HOUR PROVIDED HR=HOUR 706:FIRE WALLS CHAPTER 7 FLORIDA BUILDING CODE 8TH EDITION (2023) FIRE AND SMOKE PROTECTION FEATURES FLORIDA FIRE PREVENTION CODE 8TH EDITION (2021) NFPA 101 (2021) TABLE 706.4 707:FIRE BARRIERS: 707.3.7 INCIDENTAL USES 707.3.9 SEPARATED OCCUPANCIES 708:FIRE PARTITIONS 710:SMOKE PARTITIONS 714:PENETRATIONS 715:FIRE-RESISTANT JOINT SYSTEMS 716:OPENING PROTECTIVE 717:DUCT AND TRANSFER OPENINGS TABLE 1020.1 CORRIDOR WALLS CHAPTERS 7 AND 8 SECTION 8.3 SECTION 8.4 SECTION 8.3.5 SECTION 8.3.5.1 SECTION 8.3.6.7 SECTION 8.3.4.2 SECTION 8.5.5 N/A SEE DETAILS/ SPECS TABLE 509 TABLE 508.4 0 HR 0 HR SECTION 7.1.3.1 SECTION 8.3 0 HR SEE PLANS NOT LESS THAN FIRE REQUIRED RESISTANCE RATING OF ASSEMBLY BEING PENETRATED SEE DETAILS/ SPECS SEE DOOR SCHEDULE/ SPECS SEE MECH. DRAWINGS/ SPECS 715.4 EXTERIOR CURTAIN WALL/ FLOOR INTERSECTION: FIRE RATING NOT LESS THAN FLOOR RATING TABLE 716.5 TABLE 716.6 6.1.14.1.3.1 6.1.14.4.1 SECTION 1010.1.10PANIC HARDWARE YES ANNEX A TABLE A.7.6 100' SECTION 7.3.4: 44 INCHES 72" IF 100 OR MORE OCCUPANTS (FFPC 14.2.3.2.1 AND 14.2.3.2.2) FFPC 14.2.5.5 50' MAX ANNEX A TABLE A.7.6 200' SEE LIFE SAFETY PLANS SECTION 1006.2.1 75' 20' MAX ³ TABLE 1017.2 250' SECTION 1020.2: 44 INCHES 72" IF 100 OR MORE OCCUPANTS FLORIDA BUILDING CODE 8TH EDITION (2023) MINIMUM CORRIDOR WIDTH FLORIDA FIRE PREVENTION CODE 8TH EDITION (2023) NFPA 101 - LIFE SAFETY CODE MAXIMUM DEAD END CORRIDOR PROVIDED MEANS OF EGRESS EXIT ACCESS TRAVEL DISTANCE COMMON PATH OF EGRESS TRAVEL REMARKS: 1. CORRIDORS SERVING LESS THAN 100 OCCUPANTS, 44 INCH MIN. WIDTH PROVIDED. 2. CORRIDORS WALLS ARE ASSUMED TO BE SMOKE PARTITIONS. ANY WORK IN THESE AREAS MUST NOT COMPROMISE THE WALLS' ABILITY TO RESIST THE PASSAGE OF SMOKE. 3. 20' MAXIMUM DEAD END CORRIDOR PROVIDED PER 69A-58.0081 (14) (a), 2008. SEE LIFE SAFETY PLANS SEE LIFE SAFETY PLANS MEANS OF EGRESS COMPONENT OTHER EGRESS COMPONENTS: 0.2 INCHES PER OCCUPANT SECTION 1005.3.2 NUMBER OF EXITS: FIRST FLOOR - BUILDING 4 SECTIONS 1006.3.1: <500 OCCUPANTS: (2) EXITS >500 <1000 OCCUPANTS: (3) EXITS >1000 OCCUPANTS: (4) EXITS SECTION 7.4 <500 OCCUPANTS: (2) EXITS >500 <1000 OCCUPANTS: (3) EXITS >1000 OCCUPANTS: (4) EXITS 84 OCCUP: (2) EXITS (3) EXITS84 OCCUP: (2) EXITS SEE LIFE SAFETY PLANS SECTION 1012.1RAMP WIDTH REQUIRED WHEN USED AS A COMPONENT OF A MEANS OF EGRESS N/A TABLE 7.3.3.1 FLORIDA BUILDING CODE 8TH EDITION (2023) CHAPTER 3 USE AND OCCUPANCY CLASSIFICATION CHAPTER 3, SECTION 302 CHAPTER 4, SECTION 453 CHAPTER 5, SECTION 508 CHAPTER 6, SECTION 6.1.1 CONSTRUCTION TYPE CHAPTER 5 TABLES 504.3, 504.4, 506.2 TYPE II-B CHAPTER 6 BUILDING CATEGORIZATION & PHYSICAL PROPERTIES FLORIDA FIRE PREVENTION CODE 8TH EDITION (2023) NFPA 101 CHAPTER 8 8.2.1.1 and 8.2.1.2 TABLE A.8.2.1.2 TYPE II-B OCCUPANCY CLASSIFICATION: EDUCATIONAL GROUP E OCCUPANCY CLASSIFICATION: EDUCATIONAL GROUP E BUILDING: ADMINISTRATION BUILDING AND DROP OFF AREA ADMINISTRATION BUILDING 4,880 GSF OCCUPANTS: 84 [>THAN LISTED AT LEFT] ADMIN BLDG: ALLOWABLE BUILDING AREA (FBC TABLE 506.2) ALLOWABLE: 58,000 GSF / PROVIDED: 4,880 GSF < 58,000 GSF THEREFORE OK OCCUPANTS S1 FOR TYPE II-B / S1 FIRE RESISTANCE RATING PROVIDED FIRE SEPARATION DISTANCE (FT) NORTH WALL: 4' - 2" FT TABLE 705.5 FLORIDA BUILDING CODE - BUILDING FIRE-RESISTANCE RATING REQUIREMENTS FOR EXTERIOR WALLS BASED ON FIRE SEPARATION DISTANCE 1 HR EAST WALL: N/A SOUTH WALL: N/A WEST WALL: 105' - 0" FT TYPE OF CONSTRUCTION REQUIRED FIRE-RESISTANCE RATING TYPE II-B TYPE II-B TYPE II-B TYPE II-B 1 HR 0 HR 0 HR 0 HR 0 HR 0 HR 0 HR WALL OPENING AREA PROVIDED MAXIMUM AREA OF EXTERIOR WALL OPENINGS BASED ON FIRE SEPARATION DISTANCE AND DEGREE OF OPENING PROTECTION 8% PROVIDED N/A N/A N/A FIRE SEPARATION DISTANCE (FT) - (PROVIDED) NORTH WALL: (4' - 2" FT) EAST WALL: N/A SOUTH WALL: N/A WEST WALL: (105' - 0" FT) DEGREE OF OPENING PROTECTION FIRE SEPERATION DISTANCE (FT) - (REQUIRED) TABLE 705.8 FLORIDA BUILDING CODE - BUILDING NONE 3 FT TO LESS THAN 5 FT NONE NONE NONE 30 FT OR GREATER ALLOWABLE AREA (%) 15% ALLOWABLE NO LIMIT % ALLOWABLE NO LIMIT % ALLOWABLE NO LIMIT % ALLOWABLE 30 FT OR GREATER 30 FT OR GREATER 611 SF 3120 1-104 AFTER CARE / MEETING ROOM COVERED AREA 110 SF 1150 1-102 AFTER CARE OFFICEPUBLIC RR 241 SF 1715 1-100 GENERAL RECEPTION STAFF RR 514 SF 6100 1-105 CLINIC CORRIDOR 122 SF 1150 1-101 ADMIN. 157 SF 2150 1-107 BREAK ROOM 183 SF 2150 1-109 DEAN'S OFFICE 191 SF 2150 1-111 ASS. HEAD 206 SF 2150 1-113 LOWER SCHOOL HEAD 126 SF 1150 1-115 DIR. ADMIN 166 SF 1300 1-114 STORAGE IT 179 SF 2150 1-112 COUNSELOR 179 SF 2150 1-110 COUNSELOR 89 SF 1300 1-190 MECH. 219 SF 1515 1-108 CONFERENCE ROOM STU. RR 63 SF 1100 1-105A ISOLATION PROPOSED NEW TWO LANE DROP OFF ROAD9' - 8" 9' - 4" 2' - 4" 6' - 4" 3' - 8" 6' - 4" 2' - 0"40' - 11"121' - 3"9' - 8"6' - 4"4' - 10"5' - 6"4' - 0"6' - 4"4' - 4"114' - 3"40' - 11"10' - 8" 6' - 4" 3' - 4" 10' - 1" 4' - 0" 14' - 4"12' - 4" 6' - 4" 9' - 4" 6' - 4" 7' - 4" 6' - 4" 7' - 8" 6' - 4" 2' - 4" 46' - 0"6' - 4"16' - 10"6' - 4" 6' - 4" 6' - 4" 5' - 8" 6' - 4"19' - 10"5' - 0"4' - 2"4' - 2"5' - 0"EXISTING BUILDING 1 HOUR FIRE RATED WALL 2 HOUR FIRE RATED WALL SMOKE PARTITION 1 HOUR RATED SMOKE WALL 2 HOUR RATED SMOKE WALL LIFE SAFETY PLAN LEGEND FACP 150'GRAPHIC ILLUSTRATION OF TRAVEL DISTANCE TO EXIT FROM REMOTE POINT FIRE EXTINGUISHER FIRE ALARM CONTROL PANEL LIGHTED EXIT SIGN FAAP FIRE ALARM ANNUNCIATOR PANEL 1. SEE ELECTRICAL SYSTEMS DRAWINGS FOR ADDITIONAL LIFE SAFETY DEVICES NOT SHOWN ON THIS DRAWING. 2. EXTEND ALL RATED PARTITIONS TO DECK ABOVE U.O.N. 3. FIRE EXTINGUISHERS -ALL EXISTING EXTINGUISHERS SHALL BE REPLACED WITH NEW 4. PROVIDE STENCILING AT RATED AND SMOKE TIGHT CONCEALED ASSEMBLIES AS REQUIRED PER AUTHORITY HAVING JURISDICTION. (SEE FIRE RATING NOTES ON SHEET G-022) FIRE EXTINGUISHER CABINET FEC DOOR HOLDER [IF REQUIRED BY AHJ]DH Area Rounded SF Occupant Load15 ROOM NAME ROOM #ROOM TAG OCCUPANT LOAD FACTOR/ OCCUPANT LOAD FBC FIRE BLANKET CABINET FIRE ALARM PULL STATIONF HEAT DETECTORHD EPO EMERGENCY POWER-OFF REQUIRED EGRESS CAPACITY OF DOORS & EXITS (# OF OCCUPANTS)R: P: XXX XXX PROVIDED EGRESS CAPACITY OF DOORS & EXITS (# OF OCCUPANTS) FIRE EXTINGUISHER CABINET-KFEC-K CARD READER -COORDINATE WITH SYSTEMS DRAWINGSCR EMERGENCY LIGHTING. SEE ELECTRICAL PLANS FOR THE EXACT LOCATIONS EMERGENCY DUAL HEAD LIGHTING UNIT WITH BATTERY PACK EMERGENCY LIGHTING. SEE ELECTRICAL PLANS FOR THE EXACT LOCATIONS EMERGENCY LIGHTING. SEE ELECTRICAL PLANS FOR THE EXACT LOCATIONS FE 45 DOOR FIRE RATING (MINUTES) S FIRE ALARM SPEAKER / STROBE 150'GRAPHIC ILLUSTRATION OF COMMON PATH TO TRAVEL DISTANCE STROBE LIGHTL SMOKE DETECTORSD CARD READER W/ AI PHONE -COORDINATE WITH SYSTEMS DRAWINGSCR / AI 611 SF 3120 1-104 AFTER CARE / MEETING ROOM 63 SF 1100 1-105A ISOLATION 514 SF 6100 1-105 CLINIC 110 SF 1150 1-102 AFTER CARE OFFICE 55 SF PUBLIC RR 1-103 157 SF 2150 1-107 BREAK ROOM 183 SF 2150 1-109 DEAN'S OFFICE 191 SF 2150 1-111 ASS. HEAD 206 SF 2150 1-113 LOWER SCHOOL HEAD 126 SF 1150 1-115 DIR. ADMIN 23 SF 1300 1-114A IT166 SF 1300 1-114 STORAGE 179 SF 2150 1-112 COUNSELOR 179 SF 2150 1-110 COUNSELOR89 SF 1300 1-190 MECH. 47 SF STU. RR 1-105B 219 SF 1515 1-108 CONFERENCE ROOM 47 SF STAFF RR 1-106 241 SF 1715 1-100 GENERAL RECEPTION 427 SF CORRIDOR 1-001 279 SF COVERED AREA 1-002 122 SF 1150 1-101 ADMIN.24'-11" COMMON PATH65'-11" TRAVEL DISTANCE 11 OCCUPANTS FEC FEC FEC 79'-02" TRAVEL DISTANCE 41 OCCUPANTS CR/AI CR CR/AI CR/AI CR CR CR/AI CR CR 25'-02" COMMON PATH R: P: 41 340 R: P: 11 170 90FE EXISTING BUILDING 1/8" = 1'-0"1 FIRST FLOOR LIFE SAFETY PLAN 1" = 10'-0"2 FIRE SEPERATION SITE PLAN 2047 VISTA PKWY., STE. 100, WEST PALM BEACH, FL 33411 561.478.4457 © 2024 HARVARD JOLLY, INC. Comm. No: Date: Drawn: TO THE BEST OF MY KNOWLEDGE, THE PLANS AND SPECIFICATIONS COMPLY WITH THE MINIMUM BUILDING CODES. RENE TERCILLA, AIA, ALEP LICENSE # AR13566 D C B A 3456 2 1 D C B A 3456 2 1 www.HarvardJolly.com AR 0013140PRINTED:FILE PATH:H RA VARD JOLLY12/3/2024 11:52:00 AMAutodesk Docs://BenjaminSch_23108.00_LS Admin Parent Drop off/AR23_23108-00_BLS_Admin_Parent_Drop-off.rvt23108.00 AS-001 10/07/2024 AK 11000 Ellison Wilson Rd,North Palm Beach, FL, 33408Admin. Bldg. & Parent Drop-offSITE PLAN APPROVALFIRE SEPERATION SITE PLAN AND LIFE SAFETY PLANThe Benjamin School-Lower SchoolRevisions No. Date Revision Description 1 12/02/24 ADD. 1 STAFF COMMENTS N N 1 1 11 1 5 23 A 6" / 12"6" / 12"6" / 12" 6" / 12"6" / 12"6" / 12" D RIDGE LINE, TYP PROPOSED NEW ADMINISTRATION BUILDING 4,280 SF MAIN BUIILDING 235 SF OFFICE AND RESTROOM GUTTER EXISTING BUILDING 12 1 2 3 4 B C 1. GENERAL -IT IS THE INTENT OF THE CONTRACT DOCUMENTS TO PROVIDE FOR A COMPLETE AND WEATHERTIGHT INSTALLATION OF ALL ROOF ITEMS, PENETRATIONS, ETC. THE CONTRACTOR SHALL PROVIDE ALL ROOF ACCESSORIES, FLASHING, SEALANT, SCUPPERS, DRAINS, LABOR, MATERIALS, EQUIPMENT, ETC. REQUIRED FOR COMPLETION OF A WEATHERTIGHT ROOF INSTALLATION. FOLLOW ALL RECOMMENDATIONS OF THE NRCA REGARDING INSTALLATION PROCEDURES, UNLESS MORE STRINGENT REQUIREMENTS ARE INDICATED. 2. ELEVATIONS -LOCATIONS THAT ARE NOTED THUS (+5") INDICATE THICKNESS OF ROOF INSULATION BOARD ABOVE THE TOP OF STRUCTURAL ROOF DECK OR CONCRETE SLAB, NOT INCLUDING THE PROTECTION BOARD THICKNESS, IF ANY. 3. SLOPE -ROOF SURFACE SHALL HAVE A MINIMUM SLOPE OF 1/4" PER FOOT IN A PERPENDICULAR DIRECTION FROM THE ROOF EDGE DOWN TOWARD THE ROOF DRAINS AS INDICATED BY THE ARROWS DRAWN ON THE ROOF PLAN. WHERE REQUIRED TO FACILITATE DRAINAGE, PROVIDE VALLEYS, CRICKETS, RIDGES, ETC. OF REQUIRED SLOPE TO PROPERLY DRAIN ALL ROOF SURFACES. 4. ROOF DRAINS -COORDINATE LOCATION OF ALL ROOF DRAINS TO AVOID RATED WALLS, BEAMS, COLUMNS, JOISTS, ETC. BELOW. 5. PENETRATIONS -PROPERLY FLASH, WATERPROOF, SECURE AND SEAL ALL ITEMS THAT PENETRATE THE ROOF MEMBRANE. DO NOT INSTALL ANY PITCH POCKETS. FOLLOW GUIDELINES OF NRCA CONCERNING FLASHING AND WATERPROOFING ALL ROOF PENETRATIONS. SEE ROOF DETAILS. 6. ROOF EQUIPMENT -MOUNT ALL ROOF EQUIPMENT ON PREFABRICATED EQUIPMENT SUPPORT CURBS WITH INTEGRAL INSULATION. WHERE EQUIPMENT IS RAISED ABOVE ROOF SURFACE, ALIGN SUPPORTS PARALLEL TO DIRECTION OF WATERFLOW TO FACILITATE DRAINAGE. VERIFY ALL REQUIREMENTS WITH EQUIPMENT AND CURB MANUFACTURERS. WHERE ROOF MEMBRANE EXTENDS BENEATH EQUIPMENT, MOUNT EQUIPMENT ABOVE THE ROOF SURFACE IN ACCORDANCE WITH BUILDING CODE AND NRCA REQUIREMENTS TO ALLOW FOR INSTALLATION OF ALL REQUIRED ROOFING COMPONENTS AND TO ALLOW FOR FUTURE OWNER MAINTENANCE. 7. LIGHTNING PROTECTION -REFER TO ELECTRICAL DRAWINGS PROTECTION FOR ALL LIGHTNING PROTECTION. GROUNDING RODS, CABLES, CONNECTIONS, ETC. SHALL BE INSTALLED IN SUCH A MANNER TO PREVENT ANY DAMAGE TO INSTALLED ROOF MEMBRANE. GROUNDING RODS SHALL BE FASTENED TO THE SUBSTRATE ON WHICH THEY ARE MOUNTED. PROVIDE ALL REQUIRED FLASHING, SEALANT, WATERPROOFING, NON-CORROSIVE FASTENERS, ETC. AT EACH LOCATION AND AT MEMBRANE PENETRATION POINTS. ROOF PLAN NOTES: 1/8" = 1'-0"1 ROOF PLAN 2047 VISTA PKWY., STE. 100, WEST PALM BEACH, FL 33411 561.478.4457 © 2024 HARVARD JOLLY, INC. Comm. No: Date: Drawn: TO THE BEST OF MY KNOWLEDGE, THE PLANS AND SPECIFICATIONS COMPLY WITH THE MINIMUM BUILDING CODES. RENE TERCILLA, AIA, ALEP LICENSE # AR13566 D C B A 3456 2 1 D C B A 3456 2 1 www.HarvardJolly.com AR 0013140PRINTED:FILE PATH:H RA VARD JOLLY12/3/2024 11:52:00 AMAutodesk Docs://BenjaminSch_23108.00_LS Admin Parent Drop off/AR23_23108-00_BLS_Admin_Parent_Drop-off.rvt23108.00 A1-141 10/07/2024 AK 11000 Ellison Wilson Rd,North Palm Beach, FL, 33408Admin. Bldg. & Parent Drop-offSITE PLAN APPROVALROOF PLANThe Benjamin School-Lower SchoolRevisions No. Date Revision Description N Level 1 0' -0" BOTTOM OF ROOF 12' -0" TOP OF ROOF 24' -0" PT-01 PT-02 PT-01 GL-01 4 " / 1 2 "4" / 12" 4 " / 1 2 "GL-01 1 44 1234 5' - 0"3' - 0"8' - 0"2' - 2" EQ EQ PT-03 Level 1 0' -0" BOTTOM OF ROOF 12' -0" TOP OF ROOF 24' -0" A D PT-01 PT-02 PT-01 4 " / 1 2 "4" / 12" 4" / 12" 24' - 0"1 4 43625 1 B C 5 8' - 0"10' - 0"2' - 2"EQEQ EQ EQ EQ EQ PT-03 Level 1 0' -0" BOTTOM OF ROOF 12' -0" TOP OF ROOF 24' -0" AD 6" / 12"PT-01 PT-03 PT-01 4 " / 1 2 "4 " / 1 2 "4" / 12" 24' - 0" 1 4344 1 BC PT-02 Level 1 0' -0" BOTTOM OF ROOF 12' -0" TOP OF ROOF 24' -0" PT-01 PT-03 PT-01 24' - 0"6" / 12"4" / 12"4 " / 1 2 " 1 434 1 2 3 4 1. METAL ROOF 2. ALUMINUM IMPACT RATED STOREFRONT 3. FIRE RATED EXTERIOR DOOR 4. 0.25" WALL REVEAL (TYP.) 5. BLACK ALUMINUM DECORATIVE PICKET FENCE 6. BLACK ALUMINUM DECORATIVE PICKET GATE. REFER TO GATE SCHEDULE. EXTERIOR ELEVATION NOTES:NN COLOR "PT-01" WHITE COLOR "PT-03" DARK BLUE COLOR "PT-02" LIGHT GREY NOTE: ALL COLORS & STUCCO FINISH TO MATCH THE EXISTING BLDGS. ON SITE. COLOR / MATERIAL LEGEND 1/8" = 1'-0"6 NORTH ELEVATION 1/8" = 1'-0"3 WEST ELEVATION 1/8" = 1'-0"2 EAST ELEVATION 1/8" = 1'-0"5 SOUTH ELEVATION 2047 VISTA PKWY., STE. 100, WEST PALM BEACH, FL 33411561.478.4457© 2024 HARVARD JOLLY, INC. Comm. No: Date: Drawn: TO THE BEST OF MY KNOWLEDGE, THE PLANS AND SPECIFICATIONS COMPLY WITH THE MINIMUM BUILDING CODES. RENE TERCILLA, AIA, ALEP LICENSE # AR13566 D C B A 3456 2 1 D C B A 3456 2 1 www.HarvardJolly.com AR 0013140PRINTED:FILE PATH:HRA VARDJOLLY12/3/2024 11:51:49 AMAutodesk Docs://BenjaminSch_23108.00_LS Admin Parent Drop off/AR23_23108-00_BLS_Admin_Parent_Drop-off.rvt23108.00 A1-200 10/07/2024 AK 11000 Ellison Wilson Rd,North Palm Beach, FL, 33408Admin. Bldg. & Parent Drop-offSITE PLAN APPROVALEXTERIOR ELEVATIONThe Benjamin School-Lower SchoolRevisions No. Date Revision Description 1 12/02/24 ADD. 1 STAFF COMMENTS CONCEPT RENDERING SCALE: N.T.S.4 1 EXISTING BUILDING SCALE: N.T.S.1 1 Building 8 Building 7 Building 3 & 4 Building 17 PGA BLVD.PROSPERITY FARMS RD.BURNS RD.ELLISON WILSON RD. US 1.US 1.MCLAREN RD.SITESYMBOL CODEQTYBOTANICAL / COMMON NAMENATIVE DROUGHT TOLERANTTREESCD5Coccoloba diversifolia / Pigeon PlumMin. 12` Ht. x 6` Spr. 2.5" Cal. Single Straight Trunk, Full CanopyYes YesCE3Conocarpus erectus / Green ButtonwoodMin. 12` Ht. x 6` Spr. 3" Cal. Single Straight Trunk, Full CanopyYes YesEF15Eugenia foetida / Spanish StopperMin. 12` Ht. x 4` Spr. 3" Cal. Single Straight Trunk, Full CanopyYes YesQV21Quercus virginiana / Southern Live OakMin. 12` Ht. x 6` Spr. 4" Cal. Single Straight Trunk, Full CanopyYes YesEXISTING PALMSEX-P 30Existing Palm / Existing PalmExisting Palm To RemainYes YesEXISTING TREESEX-T 16Existing Tree / Existing TreeExisting Tree to RemainYes YesPALM TREESSP 27Sabal palmetto / Cabbage Palmetto12` - 15' Ct. Hurrican Cut, Single Trunk, Full Head, No ScarredTrunkYes YesSHRUBSCRI 7Crinum augustum 'Queen Emma' / 'Queen Emma' CrinumMin. 24" Ht. x 24" Spr. 24" O.C. Full and Even Foliage, No ScarredFoliage, Full to BaseNo YesPOD 804Podocarpus macrophyllus / Yew PodocarpusMin. 24" Ht. x 24" Spr. 24" O.C. Full and Dense Shrub, Full to BaseYes YesSHRUB AREASIXO 53Ixora `Nora Grant` / Ixora Nora GrantMin. 24" Ht. x 24" Spr. 24" O.C. Full and Dense Shrub, Full to BaseNoVeryGROUND COVERSANN89Annuals / Seasonal AnnualsMin. 4" Pots, Full Flowering When Installed, 12" O.C.No YesTRA1,217Trachelospermum asiaticum ` Minima` / Minima JasmineMin. 12" Ht. x 12" Spr. 15" O.C.Full and Dense Shrub, Full to Edgeof PotNo YesTUV 800Tulbaghia violacea / Society GarlicMin. 8" HT. x 6" Sprd., Full and Dense, 18" O.C.Yes YesSOD AND MULCHMULCH9,421 sfShredded Melaleuca / MulchFree of Foreign Materials and Weeds, Minimum Depth AfterSettling Shall be 3"; Quantity to be Verified in the FieldN/A N/ASOD 668 sfStenotaphrum secundatum `Floritam` / Floritam St. Augustine SodDisease Free, Laid Tightly w/ Staggered Joints, Rolled and Sandedto Level Lawn *Quantity to be Verified in the FieldN/A N/AEX-PEX-TTBDUrban DesignLand PlanningLandscape ArchitectureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739H:\JOBS\Benjamin Maintenance Facility_05-017\The Benjamin School_CPUD_DD_.008\Drawings\Landscape Plan\2025-02-14_LP_Resubmittal.dwgOct. 11, 202405-017.008JEVJEVNMLA-1of 62024-10-11 SUBMITTAL2024-12-20 RESUBMITTAL2025-02-14 RESUBMITTALNorth Palm Beach. Florida Cover Sheet Landscape Plan - Affected Area The Benjamin School Lower School 00'00'00'1" = 00'-0"KNOW WHAT'S BELOWALWAYS CALL 811BEFORE YOU DIGIt's fast. It's free. It's the law.www.callsunshine.comRRESUBMITTAL The Benjamin SchoolLower SchoolLandscape Plan - Affected AreaNorth Palm Beach, FloridaGENERAL NOTESSHEET INDEXCOVER SHEET AND PLANT SCHEDULE ................ LA-1TREE DISPOSITION PLAN AND CHART.................. LA-2LANDSCAPE PLAN ..................................................LA-3TREE PROTECTION MANAGEMENT PLAN .............LA-4PLANTING DETAILS ..................................................LA-5LANDSCAPE SPECIFICATIONS ............................... LA-6PLANT SCHEDULE - AFFECTED AREA1) DROUGHT TOLERANT RATING BASED UPON SFWMD WATERWISE PUBLICATION - SOUTH FLORIDA EDITION.2) ALL PLANT MATERIAL SPECIFICATIONS AND CONTAINER SIZES LISTED IN THE PROJECT PLANT SCHEDULEARE REQUIRED MINIMUMS. CONTRACTOR MAY EXCEED THE REQUIRED MINIMUM SPECIFICATION ANDCONTAINER SIZE BASED ON MATERIAL AVAILABILITY.3) ALL PLANT MATERIAL SHALL MEET AND ADHERE TO LATEST EDITION OF FLORIDA GRADES AND STANDARDSFOR NURSERY PLANTS. ALL PLANT MATERIAL SHALL BE FLORIDA # 1 OR BETTER.THE LANDSCAPEARCHITECT OR OWNER/OWNER'S REPRESENTATIVE HAVE THE RIGHT TO REJECT ANY PLANT MATERIAL NOTMEETING THESE STANDARDS.4) QUANTITIES ON PLANT SCHEDULE ARE FOR CONVENIENCE ONLY. LANDSCAPE CONTRACTOR ISRESPONSIBLE FOR ALL PLANTS SHOWN ON LANDSCAPE PLANS.LANDSCAPE NOTESUTILITY SETBACK NOTESLANDSCAPE EXCAVATION &BACKFILL NOTES1) TREE AND SHRUB PLANTING BEDS WHICH FALL WITHIN OR NEAR ROADWAYAREAS SHALL BE COMPLETELY EXCAVATED AND BACK-FILLED WITH TOPSOIL.ALL SHELL-ROCK OR OTHER BASE MATERIALS, AND ALL SUBSOIL AND DEBRIS,SHALL BE COMPLETELY REMOVED FROM BENEATH SUCH PLANTING AREAS, TO AMINIMUM DEPTH OF 36". UPON COMPLETION OF EXCAVATION, LANDSCAPEARCHITECT OR OWNER SHALL INSPECT THE EXCAVATED AREA PRIOR TOBACKFILLING WITH TOPSOIL.2) ALL TREE AND/OR SHRUB PLANTING AREAS WITHIN 8' OF BUILDINGFOUNDATIONS, AND ANY OTHER PLANTING AREAS WHERE SIGNIFICANT BURIEDCONSTRUCTION DEBRIS IS ENCOUNTERED, SHALL BE COMPLETELY EXCAVATEDTO A MINIMUM DEPTH OF 36". UPON COMPLETION OF EXCAVATION, LANDSCAPEARCHITECT OR OWNER SHALL INSPECT THE EXCAVATED AREA PRIOR TOBACKFILLING WITH TOPSOIL.1) SEE ENGINEERING PLANS PREPARED BY OTHERS FOR CONFIGURATION, HEIGHTAND SLOPE OF BERMS.2) DETAILING OF FOCAL POINTS AND HARDSCAPE ARE A SEPARATE DOCUMENT.SEE PLANS PREPARED BY OTHERS FOR THESE DETAILS.MULCH NOTES1) ALL SETBACK DIMENSIONS SHOWN ON THE PLANS ARE TO BE MET AT THE TIMEOF INSTALLATION.2) TREES ARE TO BE INSTALLED WITH A TEN FOOT (10') SEPARATION FROM ANYWATER OR SEWER MAIN AND/OR SERVICE, HYDRANTS, AND LIFT STATIONS, ORWITH A MINIMUM SEVEN FOOT (7') SETBACK IF INSTALLED WITH A ROOT BARRIERSYSTEM. REFER TO THE "ROOT BARRIER" DETAIL ON THE PLANTING DETAILSSHEET FOR INSTALLATION REQUIREMENTS. HOWEVER IN NO CASE SHALL A TREEENCROACH INTO A UE WITHOUT PRIOR UTILITY PROVIDER APPROVAL AND ONLYSOD CAN BE INSTALLED WITHIN 5' OF ANY WATER METER AND WITHIN 7.5' OF ANYFIRE HYDRANT UNLESS OTHERWISE APPROVED BY THE FIRE MARSHAL ANDUTILITY PROVIDER.3) TREES ARE TO BE INSTALLED WITH A TEN FOOT (10') SEPARATION FROM ANYDRAINAGE OR STORM SEWER INFRASTRUCTURE, OR WITH A MINIMUM SEVENFOOT (7') SETBACK IF INSTALLED WITH A ROOT BARRIER SYSTEM. REFER TO THE"ROOT BARRIER" ON SHEET LA-3 SHEET FOR INSTALLATION REQUIREMENTS.4) WHERE REQUIRED, ROOT BARRIER TO BE INSTALLED WITH A MINIMUM 5'SEPARATION TO THE EDGE OF ALL UNDERGROUND UTILITIES ANDINFRASTRUCTURE.5) TREES SHALL BE PLANTED WITH A MIN. 2' SEPARATION BETWEEN ANY ROOTBARRIER (MEASURED FROM THE CENTER OF THE TREE).1) MULCH SHALL BE GRADE A PREMIUM NATURAL MULCH, OR APPROVED EQUAL,FREE OF FOREIGN MATERIALS AND WEED SEEDS. MINIMUM DEPTH AFTERSETTLING SHALL BE THREE (3") INCHES.NORTHN.T.S.DISPOSITION & MITIGATION SUMMARY CHART - AFFECTED AREA1) BASE INFORMATION OBTAINED FROM ENGINEERING PREPARED BY KPFFCONSULTING ENGINERS DATED 05/31/2024.2) ALL INVASIVE SPECIES WILL BE ERADICATED FROM SITE AS REQUIRED BY CODE.3) ALL LANDSCAPE MATERIAL SHALL CONFORM TO THE MOST RECENT STANDARDSAS OUTLINED BY THE “GRADES AND STANDARDS FOR NURSERY PLANTS”PUBLISHED BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMERSERVICES. ALL PLANT MATERIAL SHALL BE FLORIDA #! OR BETTER.4) SIGHT TRIANGLES SHALL BE PROVIDED AND MAINTAINED BY OWNER CLEAR OFVEGETATION TO PROVIDE UNOBSTRUCTED VISIBILITY BETWEEN 30 INCHES AND8 FEET ABOVE GRADE.5) UTILITY EASEMENTS SHALL NOT ENCROACH INTO LANDSCAPE BUFFERS MORETHAN 5 FEET OR AS PERMITTED BY CODE.6) FDOT TYPE “D” OR “F” CURB OR WHEEL STOPS TO BE PROVIDED ALONG ALLLANDSCAPE AREAS, INCLUDING DRIVE AISLES AND PARKING SPACES.7) ALL INSTALLATION WORK SHALL BE CARRIED OUT IN A PROFESSIONAL MANNERIN ACCORDANCE WITH STANDARD NURSERY AND INSTALLATION PRACTICES.8) ALL LANDSCAPE AREAS SHALL BE SODDED, MULCHED OR OTHERWISE COVEREDWITH GROUND COVER PER THESE PLANS AS LABELED.9) TREES SHOWN ON THIS PLAN ARE GRAPHIC REPRESENTATION ONLY. TREESPACING IS BASED ON DESIGN REQUIREMENTS AND TREES SHOWN ON THESEPLANS ATTEMPT TO ACCOMPLISH THAT SPACING WHILE MAINTAINING THEREQUIRED SETBACKS FROM UTILITIES. TREES MAY BE FIELD ADJUSTED TOAVOID CONFLICTS WITH DRIVEWAYS AND UNDERGROUND UTILITIES.10) CONTRACTOR TO COORDINATE PLANTING OPERATIONS WITH ALLUNDERGROUND UTILITY PROVIDERS AND CALL "SUNSHINE DIG" / 811 TO FLAGUTILITY LOCATIONS PRIOR TO COMMENCING PLANTING OPERATIONS FOR ANYPORTION OF THE SITE. IF "SUNSHINE DIG" / 811 DOES NOT LOCATE ALLUNDERGROUND UTILITIES ON-SITE, THE CONTRACTOR IS RESPONSIBLE FORSECURING THESE SERVICES FROM A PRIVATE PROVIDER.11) LANDSCAPE CONTRACTOR TO HAND DIG PLANTING HOLES FOR TREES AND/ORSHRUBS WITHIN FIVE (5') OF ALL FP&L EASEMENTS.12) GROUND MOUNTED MECHANICAL EQUIPMENT TO BE SCREENED PER THESEPLANS INCLUDING AS-BUILT EQUIPMENT LOCATIONS AT TIME OF LANDSCAPEINSTALLATION. CONTRACTOR TO NOTIFY OWNER / OWNER'S REPRESENTATIVEOF ADDITIONAL REQUIRED PLANT MATERIAL QUANTITIES AT TIME OFLANDSCAPE INSTALLATION FOR ADDITIONAL MECHANICAL EQUIPMENT ORRELOCATED EQUIPMENT THAT MAY REQUIRE ADDITIONAL LANDSCAPESCREENING.13) PLANTINGS ADJACENT TO OVERHEAD LINES TO COMPLY WITH FP&L's "RIGHTTREE IN THE RIGHT PLACE" GUIDELINES FOR MINIMUM SEPARATIONS TOOVERHEAD LINES.14) REQUIRED HEDGES SHALL FORM A SOLID, CONTINUOUS VISUAL SCREEN OF ATLEAST THREE (3) FEET IN HEIGHT WITHIN TWO (2) YEARS OF PLANTING.15) HEDGES USED IN COMBINATION WITH NONLIVING LANDSCAPE BARRIERS TOMEET THE SIX (6) FEET SCREEN REQUIREMENTS IN SECTION 45-88 SHALL BEINSTALLED AT THE HEIGHT NECESSARY TO PROVIDE THE TOTAL SIX (6) FOOTSCREEN WITHIN (2) YEARS OF PLANTING.DEVELOPMENT TEAMLOCATION MAPLANDSCAPE DATA TABULAR - AFFECTED AREAPERIMETER BUFFERSBUFFER LOCATIONBUFFER WIDTH/TYPEBUFFER LENGTHCANOPY TREEREQUIREMENT1 PER 30 LINEAR FEET- PALMS (3:1 REQ. TREE) >50% SUBSTATIONSHRUBS REQUIREMENTTREE SPECIES MIXFOUNDATION PLANTING REQUIREMENTPROPOSED BUILDING - WITHIN AFFECTED AREA1 TREE / 75 LF.SHRUBS / VINES / FLOWER BOXES /GROUNDCOVER / MULCHLARGE CONTINUOUSINTERIOR PLANTINGSNORTHEASTSOUTHWEST5' BUFFERREQUIRED PROVIDED REQUIRED PROVIDED REQUIRED PROVIDED REQUIRED PROVIDEDREQUIREDPROVIDEDREQUIRED PROVIDED REQUIRED PROVIDEDLOCATION(PERCENTREQUIRED)LENGTHTREESNORTH SIDE(40%)SHRUBS / (ETC.)EAST SIDE(40%)SOUTH SIDE(40%)WEST SIDE(40%)REQUIRED PROVIDED REQUIRED PROVIDED REQUIRED PROVIDED REQUIRED PROVIDEDPARKING ISLAND REQUIREMENT1 TREE PER PARKING ISLANDPARKING ISLANDSPROVIDEDTREESREQUIREDPROVIDED32121CONT.CONT.CONT.CONT.122'41'122'41'37250.80' + 90.26' = 341.06' 200.48'487.90'78.23'0*10**0**YESYESNO**PARTIAL**37375' BUFFER5' BUFFER77171213 TREES9 TREES +12 PALMS =13 TOTAL5' BUFFER- PINES (3:1 REQ. TREE)17 TREES12 TREES +15 PALMS =17 TOTAL4 4YESCONT.CONT. YES CONT. YES CONT. YESNATIVE TREESREQUIREDPERCENTAGE PROVIDED<50%100%* TREE(S) NOT PROVIDED ALONG NORTH FACADE OF PROPOSED BUILDING DUE TO NOT BEING VISIBLE TO PUBLIC.** TREE(S) NOT PROVIDED ALONG EAST AND SOUTH FACADE OF PROPOSED BUILDING DUE TO EXISTING SIDEWALK.OWNER / APPLICANT: BENJAMIN SCHOOL11000 ELLISON WILSON ROADNorth Palm Beach, FL 33408LANDSCAPE ARCHITECT &PLANNER:URBAN DESIGN STUDIO610 CLEMATIS STREET, SUITE CU02WEST PALM BEACH, FL 33401(561) 366-1100ARCHITECT:HARVARD JOLLYRENE TERCILLA2047 VISTA PARKWAY, SUITE 100WEST PALM BEACH, FL 33411(561) 478-4457SURVEYOR:CAULFIELD & WHEELER, INC.7900 GLADES ROAD, SUITE 100BOCA RATON, FL 33434(561) 392-1991LANDSCAPE POINTS TO EXCEED MINIMUM STANDARDS - AFFECTED AREA(PER SEC. 45-87.D)REQUIRED:100 PTS. (2 AC. AFFECTED AREA)100 PTS. FOR 1 AND 2 AC.PLUS 50 PTS. PER EA. ADD'L ACREPROVIDED:320 PTS. (PRESERVED TREES) + 880 PROPOSED TREESNATIVE TREES20 PTS. PER TREE RETAINED OR PLANTEDPLUS 1 PTS. FOR EACH INCH > 5" DBHTOTAL PROVIDED POINTS:1,200 PTS.PROPOSED WAIVERSW2.W1.W2.W1.W2.4 TREES3 TREES +3 PALMS =4 TOTAL(PIGEON PLUM, GREEN BUTTONWOOD,SPANISH STOPPER, & LIVE OAK)ALL FIELD ADJUSTMENTS MUST OBTAINVILLAGE APPROVAL PRIOR TO AMENDINGTHE LANDSCAPE PLAN. Golfview LIMITS OFAFFECTED AREAEXISTINGSHRUBSTO REMAINEXISTINGSHRUBSTO REMAINN89°59'30"W50.16'S88°09'31"E247.88'N22°00'36"W78.23'S88°10'26"E90.26'S21°59'57"E200.48'N88°14'36"W1067.49'S89°59'30"E727.49'S00°00'30"W190.11'McLAREN ROADGOLFVIEW ROADU.S. HIGHWAYNO. 1PROPOSED BUILDINGEXISTING BUILDINGEXISTING BUILDINGEXISTINGBUILDINGX X X X XXXXX X X X XX X X X X X XX X X X X X X X X X X X X X X X X X X X X X X X X X XX X X X X Urban DesignLand PlanningLandscape ArchitectureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739H:\JOBS\Benjamin Maintenance Facility_05-017\The Benjamin School_CPUD_DD_.008\Drawings\Landscape Plan\2025-02-14_LP_Resubmittal.dwgOct. 11, 202405-017.008JEVJEVNMLA-2of 62024-10-11 SUBMITTAL2024-12-20 RESUBMITTAL2025-02-14 RESUBMITTALNorth Palm Beach. Florida Tree Disposition Plan & Chart - Affected Area The Benjamin School Lower School 60'30'15'1" = 30'-0"RESUBMITTAL TREE DISPOSITION PLAN - AFFECTED AREALEGEND TREE / PALMTO REMAINTREE / PALMTO BE REMOVED1) BASE INFORMATION OBTAINED FROM A SURVEY PREPARED BY CAULFIELD &WHEELER DATED 02/02/2024.2) EXISTING PLANT MATERIAL EVALUATED BY ISA CERTIFIED ARBORIST JUSTINROGERS (FL-9547A)3) ALL TREES / PALMS TO REMAIN SHALL BE PROTECTED IN ACCORDANCE WITHTHE TREE PROTECTION DETAILS ON SHEET LA-4.4) ALL TREES / PALMS TO BE RELOCATED WILL BE EVALUATED BY A TREERELOCATION PROFESSIONAL FOR POTENTIAL TO BE TRANSPLANTED ATISSUANCE OF TREE BARRICADE PERMIT.5) THE OWNER/APPLICANT MAY ESTABLISH A TEMPORARY HOLDING AREA FORTREES TO BE RELOCATED, PRIOR TO MOVING THEM TO THEIR ULTIMATE FINALLOCATION. THE HOLDING AREA AND FINAL LOCATION SHALL BE IRRIGATEDDURING CONSTRUCTION.NOTES Golfview LIMITS OFAFFECTED AREAEXISTINGSHRUBSTO REMAINEXISTINGSHRUBSTO REMAIN9.5' TYP.20.0' TYP.5.0'12.0'12.0'5.0'12.0'12.0'SOD,TYP.SOD,TYP.SOD,TYP.SOD,TYP.SOD,TYP.SOD,TYP.SOD, TYP.SOD, TYP.SOD, TYP.SOD,TYP.SOD,TYP.SOD,TYP.SOD,TYP.SOD, TYP.EXISTINGOVERHEADPOWER LINEEXISTING OVERHEAD POWER LINEEXISTINGOVERHEADPOWER LINESOD, TYP.SOD, TYP.PROPOSEDFLAGPOLEPROPOSEDFENCEPROPOSEDFENCEEXISTING FENCEEXISTING FENCEEXISTING SIGN5.3' EXISTING SIDEWALK TO REMAIN5.0' SIDEWALK6.0'3.0' FPL EASEMENT (ORB 1880, PG. 107)N89°59'30"W50.16'S88°09'31"E247.88'N22°00'36"W78.23'S88°10'26"E90.26'PROPOSED FENCETO TIE INTOEXISTING FENCES21°59'57"E200.48'N88°14'36"W1067.49'S89°59'30"E727.49'EX-TEX-TEX-TEX-TEX-TEX-TEX-TEX-TEX-TEX-TEX-TEX-TEX-TEX-TEX-TEX-TEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PEX-PS00°00'30"W190.11'McLAREN ROADGOLFVIEW ROADU.S. HIGHWAYNO. 1PONDFOUNDATIONPLANTING, TYP.5.0' FPL & SOUTHERN BELLUTILITY EASEMENT (ORB 652, PG. 26)PROPOSED BUILDINGEXISTING BUILDINGEXISTING BUILDINGEXISTINGBUILDINGFDC BUILDING ID SIGNFDCFIREHYDRANTFPL POLESCHOOL CROSSWALK SIGNSCHOOL CROSSWALK SIGN80.0' R/W(PB 18, PG. 4)STOP SIGN ANDSTOP BAR, TYP.EXISTING BFP AND WATER METER11QV3QV243TRA53IXO154TUV67TUV67TUV67TUV105TRA138POD5CRI17TUV16TUV179TRA93TRA65TUV102TUV94TRA45TRA171TUV7EF3EF2EF1EF2SP2CRI646POD5.0' BUFFER5.0' BUFFER5.0' BUFFER5.0' BUFFER5.0' BUFFER144TRA109TRA1EF2QVMULCH, TYP.MULCH, TYP.MULCH, TYP.1QV1QV89ANN11SP2CE9.3'8.7'8.7'8.7'11.1'8.7'8.7'8.7'8.0'8.7'9.0'16.7'12.4'10.0'15.6'2CD2CDSOD, TYP.5SP6SP5SP19PODSTORMSTORMEX. WATEREX. STORMEX. WATERMULCH, TYP.EX. STORMFORCEMAINFORCEMAINWATER LIFT STATIONDCDAFIRE FIRE EX. FORCEMAINEX. WATERMAIN19.3' 19.3' 19.3' 19.3'19.3'19.3'25.0'19.3 '20.0 '19.3 '205TRA19.1'19.3'3.7'19.1'20.0'19.3' 19.3'12.0'21.0'17.0 '20.0'9.0'30.0'SYMBOL CODEQTYBOTANICAL / COMMON NAMENATIVE DROUGHT TOLERANTTREESCD5Coccoloba diversifolia / Pigeon PlumMin. 12` Ht. x 6` Spr. 2.5" Cal. Single Straight Trunk, Full CanopyYes YesCE3Conocarpus erectus / Green ButtonwoodMin. 12` Ht. x 6` Spr. 3" Cal. Single Straight Trunk, Full CanopyYes YesEF15Eugenia foetida / Spanish StopperMin. 12` Ht. x 4` Spr. 3" Cal. Single Straight Trunk, Full CanopyYes YesQV21Quercus virginiana / Southern Live OakMin. 12` Ht. x 6` Spr. 4" Cal. Single Straight Trunk, Full CanopyYes YesEXISTING PALMSEX-P30Existing Palm / Existing PalmExisting Palm To RemainYes YesEXISTING TREESEX-T 16Existing Tree / Existing TreeExisting Tree to RemainYes YesPALM TREESSP27Sabal palmetto / Cabbage Palmetto12` - 15' Ct. Hurrican Cut, Single Trunk, Full Head, No ScarredTrunkYes YesSHRUBSCRI 7Crinum augustum 'Queen Emma' / 'Queen Emma' CrinumMin. 24" Ht. x 24" Spr. 24" O.C. Full and Even Foliage, No ScarredFoliage, Full to BaseNo YesPOD804Podocarpus macrophyllus / Yew PodocarpusMin. 24" Ht. x 24" Spr. 24" O.C. Full and Dense Shrub, Full to BaseYes YesSHRUB AREASIXO 53Ixora `Nora Grant` / Ixora Nora GrantMin. 24" Ht. x 24" Spr. 24" O.C. Full and Dense Shrub, Full to BaseNoVeryGROUND COVERSANN 89Annuals / Seasonal AnnualsMin. 4" Pots, Full Flowering When Installed, 12" O.C.No YesTRA1,217Trachelospermum asiaticum ` Minima` / Minima JasmineMin. 12" Ht. x 12" Spr. 15" O.C.Full and Dense Shrub, Full to Edgeof PotNo YesTUV 800Tulbaghia violacea / Society GarlicMin. 8" HT. x 6" Sprd., Full and Dense, 18" O.C.Yes YesSOD AND MULCHMULCH9,421 sfShredded Melaleuca / MulchFree of Foreign Materials and Weeds, Minimum Depth AfterSettling Shall be 3"; Quantity to be Verified in the FieldN/A N/ASOD 668 sfStenotaphrum secundatum `Floritam` / Floritam St. Augustine SodDisease Free, Laid Tightly w/ Staggered Joints, Rolled and Sandedto Level Lawn *Quantity to be Verified in the FieldN/A N/AEX-PEX-TTBDUrban DesignLand PlanningLandscape ArchitectureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739H:\JOBS\Benjamin Maintenance Facility_05-017\The Benjamin School_CPUD_DD_.008\Drawings\Landscape Plan\2025-02-14_LP_Resubmittal.dwgOct. 11, 202405-017.008JEVJEVNMLA-3of 62024-10-11 SUBMITTAL2024-12-20 RESUBMITTAL2025-02-14 RESUBMITTALNorth Palm Beach. Florida Landscape Plan - Affected Area The Benjamin School Lower School 60'30'15'1" = 30'-0"RESUBMITTAL LANDSCAPE PLAN - AFFECTED AREAPLANT LEGEND MAY 24, 2023 (Rev D-23)Typical Shrub, Small Tree or Palm Tree with Root BarrierMAY 24, 2023 (Rev D-23)Typical Canopy Tree, Large or Exotic Palm Treewith Root Barrier Urban DesignLand PlanningLandscape ArchitectureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739H:\JOBS\Benjamin Maintenance Facility_05-017\The Benjamin School_CPUD_DD_.008\Drawings\Landscape Plan\2025-02-14_LP_Resubmittal.dwgOct. 11, 202405-017.008JEVJEVNMLA-4of 62024-10-11 SUBMITTAL2024-12-20 RESUBMITTAL2025-02-14 RESUBMITTALNorth Palm Beach. Florida Tree Protection Management Plan The Benjamin School Lower School 00'00'00'1" = 00'-0"RESUBMITTAL Tree Protection Management PlanPrior to clearing any of the property for development, the contractorwill do the following items:Clearly identify and mark all trees to be preserved consistent with theapproved Landscape Plan.Install appropriate protective barriers around individual and groups oftrees to be preserved.A suitable protective barrier of metal, wood or other material shall be placedaround individual protected trees:·a distance of 6' or more from all species of mangroves·a distance of 6' or more, or at a distance outside of 2/3 of the radius of thedripline, whichever is greater, from all protected hardwoods·a distance of 6' or more, or at a distance outside of 2/3 of the radius of thedripline, whichever is greater, of all protected conifersUnless conditioned in the vegetation removal permit, groups of trees or areas ofvegetation to be preserved shall not require protective barriers. These areas willbe marked by stakes installed at a maximum of 50' apart with rope or plastic tapeattached to said stakes around the perimeter of the protected area.Protective barriers or markings shall remain in place until they are authorized to beremoved by staff or receipt of a CO.There shall be limited development within tree preservation areas:·maintained in its natural state·provide permeable landscape natural. i.e., grass, mulch·conform to governing landscape code.There will be no attachment of signs, etc. to vegetation unless of a non-damagingcharacter.Light machinery or hand-labor is to be used if vegetation is to be installed inpreservation areas.No clearing shall commence until all protection devices are installed , inspected andapproved by the Zoning Division and Environmental Resource Management Department.Sturdy wood posts and rails shall be used to ensure that barricades can withstandconstruction activity.PALMTREETransplant cutRoot prune cutMINIMUMUNDISTURBEDAREA AT TREERETAINING WALL OFLOOSE SET STONEOF POURED CONCRETESET CLAY PIPERUNS ON EXISTINGGRADE CUT TO EDGEOF TREE CANOPYTREE RELOCATION PROGRAMPlant Species RequirementsLive Oaks - Best time to move is in their dormant season. Worst time tomove is in the spring because of their flush of new growth and lack of precipitation.They should be root pruned at least two weeks in advance of the move and needto be watered in heavily the first two weeks after transplanting.Root Pruning and TransplantingWhen it is determined that a tree or palm needs to be transplanted, it is beneficialand sometimes required that the plant be root pruned. Root pruning is done to reducethe size of an existing root ball in preparation for transplanting. The root ball isreduced to create a new root system large enough to sustain life in the tree/palm whilemaking its move more effective for transportation. The time it takes for the rootsystem to develop before transplanting will vary from tree to tree, depending onsoil moisture content. An estimated wait time follows in the schedule listed below.1. Clear the area around the tree that has been selected.2. Determine the size of the root ball that is being prepared.Tree CaliperRoot Ball2-4"36-42"4-6"42-48"6-8"48-60"8-10"72-84"12-14"84-96"14-16"96-108"16-18"108-120"18-20"120-132"20-24"132-144"24-28"144-156"28-32"156-168"32-36"168-180"Sabal Palms4' Root BallCoconut Palms4-5' Root BallQueen Palms4' Root BallCanary Island Date Palms 5-6' Root BallReclinata Palms 6-8' Root BallPaurotis Palms6-8' Root BallSago Palms3-4' Root BallRoyal Palms5-6' Root Ball6. Fill trench with existing soil with 1/3 peat humus mixed in. Leave a depression to hold water.7. Irrigate with a mist head at root ball to help promote feeder roots and maintain watering.8. Wait time after root pruning until transplanting per individual specifications, for differing types of plant material.Ficus Trees6 weeks to 90 daysPalms6 weeks to 90 daysOaks, 6" and under 6 weeks to 90 daysOaks, 6" - 12"90 days to 6 monthsOaks, 12" and above 6 months to 1 year9. Fertilize top of ball with milorganite after root pruning.10. Some bracing may be required after root pruning.11. A full top will encourage feeder root growth. Previous to transplanting, remove enough top growth to balance the smaller root system. Thin out and trim back unwanted foliage and branches.12. Cut trench for transplanting outside of root pruned trench to allow for feeder roots.13. Lift tree from one side to break suction and peel off rootball. If it doesn't break then dig under to sever roots.3. Palms may be cut on three sizes leaving the open side toward the strongest northeast winds.4. Broadleaf trees should be cut on two sides initially opposite each other.5. Once the ball size has been determined, mark the spot around the ball and prepare for a 1' trench around the tree. Use sharp spades for root pruning and do not cut under the root ball. Leave old cut roots on top of root ball.LENGTH OF SLOPE VARIES WITHCONDITIONFILL CONDITIONCUT CONDITIONMAX. 2:1 SLOPE INDISTURBED AREASNATURAL GRADENEW GRADEMINIMUMMINIMUMRETAINING WALLS AROUND EXISTING TREESPROPERTYLINEEXISTINGVEGETATIONDEVELOPMENTZONEDEVELOPMENTLIMIT LINEDRIP-LINE OFEXISTING VEGETATIONDRIP-LINESLASH PINEWOOD FENCEBARRIEREXISTING VEGETATION TO BEPRESERVEDDEVELOPMENT AREANo grade changes shall be made within tree preservation areas, which require trenching orcutting of roots unless conditioned. Utility lines shall be installed to protect root systems asmuch as possible.No removal of soil or fill in tree preservation areas shall occur.STAKES 50' APART WITH ROPEOR PLASTIC TAPESpecifications:1. Contractor shall be responsible for locating any and allunderground utilities or obstructions prior to commencing work.In case of conflict with proposed work, notify landcape architectprior to commencement of work.2. Contractor shall provide adequate irrigation to assure the healthyestablishment of relocated trees.3. Pruning of limbs shall occur only as necessary to facilitaterelocation and shall maintain the natural shape and charracter oftree.4. Finish grade for top of tree plug shall meet the proposed finsihgrade after relocation.5. All plant materials shall be relocated to freshly dug holes withsimiliar size and type of tree moving equipment. The holesshould be filled 1/3 with water, place tree, back fill and water inthoroughly, being sure to avoid air pockets. Provide 4"-6" disharound newly dug plant material to retain water. Waterthoroughly after planting as specified.6. All trees exhibiting shallow root systems shall be staked asrequired.7. Prune, thin out and shape relocated trees, shrubs and understoryin accordance with desired effect of the landscape architect andto retain natural character. Remove all vines and exoticvegetation. Maintain relocated plant materials for a period of notless than 90 days. Maintain by watering, removing of exoticvegetation or weeds, providing insecticide applications andmulching.8. The contractor shall protect trees during relocation proceduresfrom scrapes, scars and undue breakage. Understory plantmaterial moved with primary species shall be protected againstdamage.9. Landscaping contractor shall provide a one (1) year warranty onall relocated material.Root prunecutTransplant cutPLAN VIEWCONNECTION RE-BAR RE-BAR CORNER CONNECTIONU-POSTU-POSTCONNECTION8' O.C.Orange color plastic utility barrieravailable at Home Depot.4 ft x 50 ft Guardian orange safety fence(roll size). Model 999041Maintenance EntryDripline (typ.)Maintenance EntrySoil Application:6 ft tall #14 gauge metal u-postColor: greenDriven into the ground 1 ftAvailable at Home Depot/True ValueAsphalt Application:6 ft tall #5 rebar with plastic safety cap.Driven into the ground 1 ftInstallation Notes:A. Space pots every 8 ft.B. Secure fencing to post with nyloncable tiesPlastic and/or wood strips may also be usedto provide additional support and protectionbetween ties and posts.TREE PROTECTION BARRIER DETAILKNOW WHAT'S BELOWALWAYS CALL 811BEFORE YOU DIGIt's fast. It's free. It's the law.www.callsunshine.comR Urban DesignLand PlanningLandscape ArchitectureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739H:\JOBS\Benjamin Maintenance Facility_05-017\The Benjamin School_CPUD_DD_.008\Drawings\Landscape Plan\2025-02-14_LP_Resubmittal.dwgOct. 11, 202405-017.008JEVJEVNMLA-5of 62024-10-11 SUBMITTAL2024-12-20 RESUBMITTAL2025-02-14 RESUBMITTALNorth Palm Beach. Florida Planting Details The Benjamin School Lower School 00'00'00'1" = 00'-0"RESUBMITTAL KNOW WHAT'S BELOWALWAYS CALL 811BEFORE YOU DIGIt's fast. It's free. It's the law.www.callsunshine.comRTREE PLANTING DETAILNOT TO SCALETOP OF ROOT BALL SHALL SIT2" ABOVE THE FINISHED GRADE. (ALLOW FOR SETTLING)MULCH TO MINIMUM DEPTH OF 3" AFTERSETTLING. MULCH SHOULD NOT BE INDIRECT CONTACT WITH THE TRUNK.(SEE WRITTEN SPECIFICATIONS)DIAMETER OF EXCAVATED HOLE SHALLBE AT LEAST TWICE THE WIDTH OF THEORIGINAL ROOT BALL OR CONTAINER.(SEE WRITTEN SPECIFICATIONS) ROOT BALLS GREATER THAN 2' INDIAMETER SHALL SIT ON A MOUND OFUNDISTURBED SOIL TO PREVENTSETTLING. ROOT BALLS SMALLERTHAN 2' IN DIAMETER MAY SIT ONCOMPACTED EARTH.NOTES:1. ALL TREES SHALL MEET FLORIDA #1 OR BETTERSTANDARDS.2. REMOVE ALL NON-ORGANIC BINDING AND SHIPPINGMATERIAL FROM THE TREE AND ROOT BALL.3. ANY PRUNING SHALL BE COMPLETED AT THE DIRECTION OFTHE OWNER OR LANDSCAPE ARCHITECT.4. NO NAILS SHALL BE DRIVEN INTO TREE AND TRUNK SHALL BEFREE OF ANY MAJOR SCARS.5. ADD FERTILIZER AS DIRECTED IN WRITTEN SPECIFICATIONS.TREE CALIPER SHALL BEMEASURED 6" ABOVE GRADE FORTREES UP TO 4" IN CALIPER ANDMEASURED 12" ABOVE GRADEFOR TREES OVER 4" IN CALIPER.CREATE A 6" HIGH CIRCULARWATERING BASIN AROUND THETREE BASE AT LEAST AS WIDE ASTHE ROOT BALL IN DIAMETER.2" x 4" x 24" GUY WIRE STAKEMADE OF PRESSURE TREATEDHARDWOODFINISHED GRADETREE PLANTING PIT TO BE FULLYEXCAVATED AND BACKFILLEDWITH TOPSOIL. TAMP FILL AS IT ISADDED. WHEN HOLE IS 2/3 FILLED,WATER THOROUGHLY, RELEASEANY AIR POCKETS, THENCOMPLETE FILLING. TAMP ANDWATER THOROUGHLY AGAIN.(SEE WRITTEN SPECIFICATIONS)1x2x#12 GALVANIZED STEEL GUYWIRE WITH TURNBUCKLE ANDCONSPICUOUS COLOR SAFETYFLAGS.#USE A PLUM LINE TO ASSURETHE TREE IS PROPERLYPLANTED UPRIGHT BEFOREBACKFILLING AND TAMPING.PLASTIC HOSE OR (2) PLY 3/4" RUBBERTUBE TO PROTECT TRUNK FROM GUYWIRE.TREES SHALL BE PLANTED IN AVERTICAL POSITION ANDORIENTED TO GIVE THE BESTPOSSIBLE APPEARANCE. DONOT CUT OUT TERMINALLEADER SELECTIVELY PRUNETREE CROWNPALM PLANTING DETAILNOT TO SCALETRIM ONLY THOSE FRONDSWHICH HANG BELOWLEVEL OF TREE HEARTTRUNK DIAMETER SHALL BE CONSISTENTWITHOUT ABRUPT CHANGES, LOOSESHEATHES, HOLES, OR CAVITIES.SECURE BATTENS W/ 2-3/4" HIGH CARBONSTEEL BANDS TO HOLD BATTENS IN PLACE.HEIGHT OF BATTENS SHALL BE LOCATEDPROPORTIONATELY TO THE HEIGHT OFTHE PALM FOR ADEQUATE BRACING.5 (2" x 4 " x 16") WOOD BATTENS.5 LAYERS OF BURLAP TO WRAP TRUNK.STEEL BANDS (3/4"; H.C.S.)MINIMUM 3 (2"x4")WOOD BRACESFINISHEDGRADEPALM PLANTING PIT TO BE FULLYEXCAVATED AND BACKFILLEDWITH TOPSOIL. TAMP FILL AS IT ISADDED. WHEN HOLE IS 2/3 FILLED,WATER THOROUGHLY, RELEASEANY AIR POCKETS, THENCOMPLETE FILLING. TAMP ANDWATER THOROUGHLY AGAIN.(SEE WRITTEN SPECIFICATIONS)2" x 4" x 24" STAKE MADEOF PRESSURE TREATEDHARDWOODCREATE A 6" HIGH CIRCULARWATERING BASIN AROUND THEPALM BASE AT LEAST AS WIDE ASTHE ROOT BALL IN DIAMETER.1x2xNOTES:1. ALL PALMS SHALL MEET FLORIDA #1GRADE STANDARDS OR BETTER2. REMOVE ALL NON-ORGANIC BINDINGAND SHIPPING MATERIAL FROM THEPALM AND ROOT BALL.3. NO NAILS SHALL BE DRIVEN INTOPALM AND TRUNK SHALL BE FREE OFANY MAJOR SCARS.4. ADD FERTILIZER AS DIRECTED INWRITTEN SPECIFICATIONS.DIAMETER OF EXCAVATEDHOLE SHALL BE AT LEASTTWICE THE WIDTH OF THEORIGINAL ROOT BALL ORCONTAINER. (SEE WRITTENSPECIFICATIONS)MULCH TO MINIMUM DEPTHOF 3" AFTER SETTLING.MULCH SHOULD NOT BE INDIRECT CONTACT WITH THETRUNK. (SEE WRITTENSPECIFICATIONS)USE A PLUM LINE TO ASSUREPALM IS PROPERLY PLANTEDUPRIGHT BEFORE BACKFILLINGAND TAMPING.TOP OF ROOT BALL SHALL SIT2" ABOVE THE FINISHED GRADE. (ALLOW FOR SETTLING)MULCH RING IN SOD DETAILNOT TO SCALESOD·MULCH RING SHALL BE CUT INTO A 'PERFECT'CIRCLE'.·EDGES TO BE WELL-FORMED AND CRISP WITHVERTICALLY STRAIGHT CUTS.·MULCH RING SHALL MEASURE 5' IN DIAMETEROR EXTEND TO THE EDGE OF THE DRIP LINE,WHICHEVER IS GREATER.TREE OR PALM TRUNKMULCH TO MINIMUM DEPTH OF 3" AFTER SETTLING.MULCH SHOULD NOT BE IN DIRECT CONTACT WITHTHE TRUNK. (SEE WRITTEN SPECIFICATIONS)NOTES:1. MULCH RINGS SHALL BEPROVIDED FOR ALLTREES AND PALMSPLANTED IN SODDEDAREAS OR ASOTHERWISE NOTED ONLANDSCAPE PLAN.LARGE SHRUB PLANTING DETAILNOT TO SCALE ROOT BALLS GREATER THAN 2' INDIAMETER SHALL SIT ON A MOUNDOF UNDISTURBED SOIL TO PREVENTSETTLING. ROOT BALLS SMALLERTHAN 2' IN DIAMETER MAY SIT ONCOMPACTED EARTH.SHRUB PLANTING PIT TO BE FULLYEXCAVATED AND BACKFILLEDWITH TOPSOIL. TAMP FILL AS IT ISADDED. WHEN HOLE IS 2/3 FILLED,WATER THOROUGHLY, RELEASEANY AIR POCKETS, THENCOMPLETE FILLING. TAMP ANDWATER THOROUGHLY AGAIN.(SEE WRITTEN SPECIFICATIONS)1x2xDIAMETER OF EXCAVATED HOLE SHALLBE AT LEAST TWICE THE WIDTH OF THEORIGINAL ROOT BALL OR CONTAINER.(SEE WRITTEN SPECIFICATIONS)NOTES:1. ALL SHRUBS SHALL MEET FLORIDA #1 GRADE ORBETTER STANDARDS.2. REMOVE ALL NON-ORGANIC BINDING ANDSHIPPING MATERIAL FROM THE SHRUB ANDROOT BALL.3. ANY PRUNING SHALL BE COMPLETED AT THEDIRECTION OF THE OWNER OR LANDSCAPEARCHITECT.4. ADD FERTILIZER AS DIRECTED IN WRITTENSPECIFICATIONS.CREATE A 4" HIGH CIRCULARWATERING BASIN AROUND THESHRUB BASE AT LEAST AS WIDEAS THE ROOT BALL IN DIAMETER.MULCH TO MINIMUM DEPTH OF 3" AFTERSETTLING. MULCH SHOULD NOT BE INDIRECT CONTACT WITH THE SHRUB BASE.(SEE WRITTEN SPECIFICATIONS)TOP OF ROOT BALL SHALL SIT1" ABOVE THE FINISHED GRADE. (ALLOW FOR SETTLING)SHRUBS SHALL BE PLANTED IN AVERTICAL POSITION AND ORIENTED TOGIVE THE BEST POSSIBLE APPEARANCEFINISHED GRADEIRREGULAR & MULTI-STEM TREE PLANTING DETAILNOT TO SCALETOP OF ROOT BALL SHALL SIT2" ABOVE THE FINISHED GRADE.(ALLOW FOR SETTLING)ROOT BALLS GREATER THAN 2' INDIAMETER SHALL SIT ON A MOUND OFUNDISTURBED SOIL TO PREVENTSETTLING. ROOT BALLS SMALLER THAN2' IN DIAMETER MAY SIT ONCOMPACTED EARTH.1x2xNOTES:1. ALL TREES SHALL MEETFLORIDA #1 OR BETTERSTANDARDS2. REMOVE ALLNON-ORGANIC BINDINGAND SHIPPING MATERIALFROM THE TREE AND ROOTBALL.3. ANY PRUNING SHALL BECOMPLETED AT THEDIRECTION OF THEOWNER OR LANDSCAPEARCHITECT.4. NO NAILS SHALL BE DRIVENINTO TREE AND TRUNKSHALL BE FREE OF ANYMAJOR SCARS.5. ADD FERTILIZER ASDIRECTED IN WRITTENSPECIFICATIONS.DIAMETER OF EXCAVATED HOLESHALL BE AT LEAST TWICE THEWIDTH OF THE ORIGINAL ROOTBALL OR CONTAINER. (SEEWRITTEN SPECIFICATIONS)TREE PLANTING PIT TO BE FULLYEXCAVATED AND BACKFILLED WITHTOPSOIL. TAMP FILL AS IT IS ADDED.WHEN HOLE IS 2/3 FILLED, WATERTHOROUGHLY, RELEASE ANY AIRPOCKETS, THEN COMPLETE FILLING.TAMP AND WATER THOROUGHLY AGAIN.(SEE WRITTEN SPECIFICATIONS)FINISHED GRADE2" x 4" x 24" GUY WIRE STAKEMADE OF PRESSURE TREATEDHARDWOODCREATE A 6" HIGH CIRCULAR WATERINGBASIN AROUND THE TREE BASE AT LEASTAS WIDE AS THE ROOT BALL IN DIAMETER.#12 GALVANIZED STEEL GUY WIRE WITHTURNBUCKLE AND CONSPICUOUSLYCOLORED SAFETY FLAGS.PLASTIC HOSE OR (2) PLY 3/4" RUBBERTUBE TO PROTECT TRUNK FROM GUYWIRE.MULCH TO MINIMUM DEPTH OF3" AFTER SETTLING. MULCHSHOULD NOT BE IN DIRECTCONTACT WITH THE TRUNK.(SEE WRITTEN SPECIFICATIONS)GROUND COVERS & ROOTED CUTTING PLANTING DETAILNOT TO SCALESPREAD OF PLANTROTARY-TILL SOIL THOROUGHLYTO A DEPTH OF 6". PLOWING ORDICING IS NOT AN ACCEPTABLESUBSTITUTE.TYPICAL TRIANGULAR SPACINGOF PLANTS TO INSURE FULLCOVERAGE BY GROUNDCOVER.MULCH TO MINIMUM DEPTH OF 3"AFTER SETTLING. (SEE WRITTENSPECIFICATIONS)##ON CENTER SPACINGCLEAN TOPSOIL OF ANY ROOTS,PLANTS, SOD, STONES, CLAYLUMPS, AND OTHER EXTRANEOUSMATERIAL DETRIMENTAL TOPLANT GROWTHSHRUB & GROUNDCOVER LAYOUT DETAILNOT TO SCALELAYOUT OF SHRUBS AT THE PLANTINGEDGE IS DONE FIRST TO ESTABLISH ACONTINUOUS LINE. BEST FACE OF SHRUBTO FACE FRONT OF PLANTING BED.REMAINING SHRUBS ARE FILLED INBEHIND THE FRONT SHRUB LINE.SOD. USE ROLLER TO SMOOTHSURFACE.MULCH RINGNO TREE TO BE PLANTED CLOSERTHAN 4' TO BED EDGE.PLANTING BED EDGE CUT CLEAN ANDSTRAIGHTMAINTAIN 12" ALONG BED EDGE; SEEPLANTING BED EDGE DETAIL.BEST "FACE" OF PLANT TO BETOWARD THE FRONT EDGE OFTHE PLANTING BED.MULCH TO MINIMUM DEPTH OF 3"AFTER SETTLING12" WIDTH ALONG BED EDGEFOR MAINTENANCEEXISTING SOILPLANTING BED EDGE DETAILNOT TO SCALESHALLOW SAUCER AROUNDPLANTING BEDEXISTING SOILSHRUB AND GROUND COVER PLANTING DETAILNOT TO SCALEPLANT SO THAT ROOTBALL IS LEVELWITH FINISHED GRADE (ALLOW FORSETTLING)MULCH TO MINIMUM DEPTH OF 3" AFTERSETTLINGCREATE A SHALLOW SAUCER AROUNDPLANTING BED OR PLANTPLANTING BEDS FOR SHRUBS ORGROUNDCOVER TO BE FULLY EXCAVATED TOA DEPTH OF THE ROOT BALL AND BACKFILLEDWITH TOPSOIL. TAMP FILL AS IT IS ADDED.WHEN HOLE IS 2/3 FILLED, WATERTHOROUGHLY. (SEE WRITTENSPECIFICATIONS)1x2xDIAMETER OF EXCAVATED HOLE SHALL BE ATLEAST TWICE THE WIDTH OF THE ORIGINALROOT BALL OR CONTAINER. (SEE WRITTENSPECIFICATIONS)1x2xROOT BARRIER DETAILNOT TO SCALEUB 48-2 SPECIFICATIONS48" DEEPROOT TREE ROOT BARRIERSPECIFIED TREE ROOT BARRIERS ARE A MECHANICALBARRIER AND ROOT DEFLECTOR TO PREVENT TREE ROOTSFROM DAMAGING HARDSCAPES, AND LANDSCAPES.ASSEMBLED IN 2 FOOT (61 CM) LONG MODULES TO CREATEVARYING LENGTHS FOR LINEAR APPLICATION DIRECTLYBESIDE A HARDSCAPE ELEMENT, ADJACENT TO ONE SIDE OFA TREE, OR FOR LARGE PERIMETER SURROUNDAPPLICATIONS WITH A MINIMUM 8 FOOT (2.43 M) DIAMETERUSING 12 PANELS.A. MATERIALS1. THE CONTRACTOR SHALL FURNISH AND INSTALL TREEROOT BARRIERS AS SPECIFIED. THE TREE ROOT BARRIERSSHALL BE EITHER PRODUCT UB 48-2 AS MANUFACTURED BYDEEPROOT PARNTERS, L.P., 81 LANGTON STREET, SUITE 4,SAN FRANCISCO, CA 94103 (800.458.7668), OR APPROVEDEQUAL. THE BARRIER SHALL BE BLACK, EXTRUDE PANELS, OF0.80" (2.03MM) WALL THICKNESS IN MODULES 24" (61CM) LONG48" (122 CM) DEEP; MANUFACTURED WITH HOMOPOLYMERPOLYETHYLENE WITH ADDED ULTRAVIOLET INHIBITORS;RECYCLABLE. EACH 2 FOOT (61CM) SECTION SHALL HAVE:NOT LESS THAN 4 MOLDED INTEGRAL VERTICAL ROOTDIRECTING RIBS OF A MINIMUM 0.080" (2.03MM) THICKNESSPROTRUDING 1/2" (12.7MM) AT 90° FROM INTERIOR OF THEBARRIER PANEL, SPACED 6" (154 MM) APART.SEE PANEL DRAWING.AN INTEGRATED JOINING SYSTEM PROVIDING FOR INSTANTASSEMBLY BY SLIDING ONE PANEL INTO ANOTHER.B. CONSTRUCTION AND INSTALLATION1. THE CONTRACTOR SHALL INSTALL THE TREE ROOT BARRIERSWITH THE NUMBER OF PANELS AND IN THE MANNER SHOWN ON THEDRAWINGS. THE VERTICAL ROOT DIRECTING RIB SHALL BE FACINGINWARDS TO THE ROOT BALL AND THE TOP EDGE SHALL BE 1/2" TO1" ABOVE GRADE. EACH OF THE REQUIRED NUMBER OF PANELSSHALL BE JOINED IN A LINEAR FASHION AND PLACED ALONG THEADJACENT HARDSCAPE OR WHERE SPECIFIED TO FORM A CIRCLEAROUND THE ROOT BALL.2. EXCAVATION AND PREPARATION SHALL CONFORM TO THEDRAWINGS.PANEL 0.080" (2.03MM) THICKHOMOPOLYMER POLYETHYLENE90° ROOT DEFLECTING RIBSINTEGRAL PART OF PANEL48"(121.92CM)24"(60.96CM)NOTES:1.TREES SHOWN ON THIS PLAN ARE FOR GRAPHIC REPRESENTATION ONLY. TREE SPACING IS BASED ON DESIGN REQUIREMENTSAND THE TREES SHOWN ON THESE PLANS ATTEMPT TO ACCOMPLISH THAT SPACING WHILE MAINTAINING THE REQUIRED SETBACKSFROM UTILITIES. TREES MAY BE FIELD ADJUSTED TO AVOID CONFLICTS WITH DRIVEWAYS AND UNDERGROUND UTILITIES. IN ANYCASE THE TREES SHALL BE LOCATED IN THE FIELD IN ACCORDANCE WITH THE PLANTING DETAILS SHOWN HEREON.2. TREES ARE TO BE INSTALLED WITH A TEN FOOT (10') SEPARATION FROM ANY WATER OR SEWER MAIN AND/OR SERVICE, HYDRANTS,AND LIFT STATIONS. IF A TEN FOOT (10') SEPARATION CANNOT BE ACHIEVED, THE TREE CAN BE INSTALLED WITH A ROOT BARRIERSYSTEM. HOWEVER, IN NO CASE SHALL A TREE ENCROACH INTO A PBCUE WITHOUT PRIOR DEPARTMENT APPROVAL.7'-0" MIN. W/BARRIER10'-0" MIN. W/O BARRIER2'MIN.5'MIN.15' 7.5'7.5'PBCWUD WATER AND/ORSEWER FACILITIES(I.E. MAINS, SERVICES,AND/OR LATERALS)SECTIONPLANROOT BARRIER BY"TYPAR BIOBARRIER"AND/OR "DEEPROOT"ROOT BARRIER BY "TYPAR BIOBARRIER"AND/OR "DEEPROOT"36"MIN. COVER 39"MIN.7'-0" MIN. W/BARRIER10'-0" MIN. W/O BARRIER5'MIN.EDGE OF PLANTING ROOT BALL PITEDGE OF PLANTING ROOT BALL PIT2'MIN.3.ONLY SOD CAN BE INSTALLED WITHIN 7.5' MINIMUM OF A FIRE HYDRANT UNLESS OTHERWISE APPROVED BY THE FIRE MARSHAL ANDTHE DEPARTMENT4. SOD ONLY SHALL BE INSTALLED WITHIN 5.0' MINIMUM OF ANY DEPARTMENT WATER METER.5.WHEN INSTALLING A SOLID ROOT BARRIER PANEL SYSTEM THE PANEL RIBS MUST FACE THE TREE ROOT BALL.PBCWUD WATER AND/OR SEWERFACILITIES (I.E. MAINS, SERVICES,AND/OR LATERALS) Urban DesignLand PlanningLandscape ArchitectureRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udsflorida.com#LA0001739H:\JOBS\Benjamin Maintenance Facility_05-017\The Benjamin School_CPUD_DD_.008\Drawings\Landscape Plan\2025-02-14_LP_Resubmittal.dwgOct. 11, 202405-017.008JEVJEVNMLA-6of 62024-10-11 SUBMITTAL2024-12-20 RESUBMITTAL2025-02-14 RESUBMITTALNorth Palm Beach. Florida Landscape Specifications The Benjamin School Lower School 00'00'00'1" = 00'-0"RESUBMITTAL Last updated: April 2017KNOW WHAT'S BELOWALWAYS CALL 811BEFORE YOU DIGIt's fast. It's free. It's the law.www.callsunshine.comRLANDSCAPE NOTESGENERAL:1. All proposed material shall be Florida No. 1 or better as set forth in "Grades & Standards forNursery Plants," Part 1&2, Florida Dept. of Agriculture and Consumer Services, latest edition.No deviations will be permitted.2. By submitting a bid, the landscape contractor is responsible for providing the materialspecified on the plans. No substitutions will be accepted without prior written approval andacceptance by the Owner or his representative, or Landscape Architect.3. Materials to be hand-selected at the discretion of the Owner or his representative, orLandscape Architect.4. All work shall proceed in a professional manner in accordance with standard nursery andinstallation practice.5. Quantities on plant list are for convenience only. Landscape Contractor is responsible for allplants shown on planting plans. When discrepancies occur between plant list and plantingplans, the plans are to override the plant list in all cases. Contractor is responsible forconfirming sod quantities and certifying such to the Owner or his representative.6. Contractor is responsible for locating all underground utilities prior to digging. Notify theOwner or his representative, or the Landscape Architect immediately regarding discrepanciesor conflicts.7. Landscape Contractor to notify the Owner or his representative, or Landscape Architect atleast three (3) working days prior to beginning any stage of work.8. Owner or Landscape Architect to be immediately notified of any discrepancies found in field.9. Owner or his representative, or Landscape Architect reserve the right to field adjust plantmaterial on-site to avoid conflicts or discrepancies not anticipated in the planning process.10. Existing plant material to be removed, except as noted.TREES & PALMS1. All trees, new and relocated, to be staked and guyed as detailed.2. No double or multi-trunk trees unless otherwise specified.3. Face of trees and palms to be located a minimum of 2'-0" off all sidewalks/bike paths or otherpaved surface, unless otherwise notated on plans.4. Root suckers on Live Oaks are not acceptable.5. All trees falling within grassed areas to have a mulch ring 3' in diameter, mulched 3" deepwith no more than 1" deep directly adjacent to the trunk of the tree.PLANTING BEDS1. Groundcover and shrubs to be laid out in a uniform and consistent pattern.2. All planting beds to receive mulch per plans.3. Landscape Contractor is responsible for verifying that clean top soil, meeting the attachedspecifications, exists in each planting bed prior to planting. Contractor shall add or amendtop soil if necessary. Tree pits shall be backfilled as noted in attached specifications.Excavate all shrub and groundcover beds as specified and backfill with planting soil perspecifications.4. All existing paving base material to be removed from planting areas and replaced with cleantop soil prior to planting. Final grade within planting areas to be 2" below adjacent pavedareas or top of curb.5. Soil in landscaped areas shall be free of debris, including paving base or fill material, andcalcareous materials such as shell, lime rock, concrete, plaster and stucco. Planting areascontaining excessive calcareous materials shall be excavated to a minimum depth of (2') twofeet.SOD1. Landscape Contractor is responsible for replacing any damaged sod.IRRIGATION1. All landscape areas (including sod) shall be irrigated with an underground automatic sprinklersystem providing 120% coverage with 50% overlap or utilizing a drip irrigation/low volumewatering system. No landscape installation shall occur until the irrigation system isoperational, unless approval is granted by Owner or his representative, or LandscapeArchitect.SECTION 02950TREES, SHRUBS AND GROUND COVERPART I - GENERALBy bidding on this project and/or signing a contract for landscape work, the Contractoracknowledges that he/she has read and understood these specifications in their entirety, thathe/she has inspected the site, and that he/she will abide by all plans, specifications, and conditionsfound herein. Any perceived conflicts or concerns within the specifications or on the plant list,including unavailability of materials, are to be brought to the attention of the Landscape Architectprior to bid submission.1.01 WORK INCLUDEDA. Contractor shall obtain or ensure that all necessary permits have been granted to the Ownerfor work on the Owner's properties or in any adjacent easements prior to commencement ofwork.B. All planting and construction work shall be executed as shown on the provided drawings,schedules, and specifications.C. Any additional work or materials required to install landscape elements as called for on theplans, specifications or plant list shall be provided and installed by the Contractor.D. Finish Grade Elevations: 2 inch below top of pathway edging.E. The Contractor shall be entirely responsible for all work until final acceptance by the Owner.The Contractor shall protect all materials and work against injury and shall provide andmaintain all necessary guards for the protection of the public. He shall be held responsible forany negligence during the execution of the work.1.02 QUALITY ASSURANCEA. All work specified herein shall be performed by a single firm specializing in landscape work.The Landscape Architect and the Owner retain the right to approve any proposedsubcontractors prior to awarding the contract.B. Ship landscape materials with certificates of inspection required by governing authorities.Comply with all regulations applicable to landscape materials.C. Package standard products with manufacturers certified analysis. For other materials, provideanalysis by recognized laboratory made in accordance with methods established by theAssociation of Official Agricultural Chemists, wherever applicable.D. Provide trees, palms, shrubs and groundcover grown in a recognized nursery in accordancewith good horticultural practice. Materials must be healthy and vigorous, free of disease,insects, eggs, larvae, and defects such as decay, rot, knots, sun scald, injuries, abrasions,and poor or unusual form. No collected material will be permitted unless specific writtenapproval is granted.E. Do not make substitutions. If specified landscape material is not available at time of planting,submit proof of non-availability and provide a list of proposed equivalent material. Onceauthorized, adjustments to the contract will be made. Owner is not financially responsible forunauthorized substitutions.F. Plant materials of larger size than specified may be used if acceptable to Landscape Architectand if sizes of root balls are increased proportionately. Installation of larger sizes will notincrease contract amount unless specifically authorized by Owner.G. Owner and Landscape Architect reserve the right to inspect, approve or reject at any timeplant materials or work either at the nursery or at the site which does not meet the condition inthe plans, plant list or specifications.H. The Contractor shall be responsible for planting the landscape in complete accordance with allapplicable codes, ordinances, and laws. Any modification made to conform with said codes,laws and ordinances, after the bid is awarded, shall be completed at the Contractor's expenseat no additional cost to the Owner.1.03 SUBMITTALSA. Certification: Submit certificates of inspections as required by governmental authorities, andmanufacturers or vendor's certified analysis for soil amendments and fertilizer materials.Submit other data substantiating that materials comply with specified requirements.B. Submit seed vendor's certified statement for each grass seed mixture required, statingbotanical and common name, percentage by weight, and percentage of purity, germination,and weed seed for each grass seed species.C. Planting Schedule: Submit planting schedule showing schedule dates for each type of plantingin each area of site.D. Maintenance Instructions: Submit typewritten procedures for maintenance of landscape work,through final acceptance.1.04 DELIVERY, STORAGE AND HANDLINGA. Packaged Materials: Deliver packaged materials in original containers showing manufacturer'sguaranteed weight analysis and name of manufacturer. Protect materials from damage anddeterioration during delivery and storage.B. Trees, shrubs, and ground covers: Provide freshly dug trees, palms, and shrubs. Do not pruneprior to delivery. All plants shall be handled and stored so that they are adequately protectedfrom drying out, from sun or wind burn, and from any other injury at all times. Any plantdetermined to be wilted or burned may be rejected at any time, whether in the ground or not.Plants shall be handled only by their containers or root balls, not by stems or trunks. Treesthat are scraped or scarred during delivery, storage, or planting will be rejected. The on-sitestorage area shall be approved prior to the delivery of any plant materials. Do not bend or bindplants in such a manner as to damage bark, break branches, or destroy natural shape.Provide protective covering during delivery.C. Deliver plant materials after preparations for planting are complete, and plant immediately.Roots or balls of all plants shall be adequately protected at all times from sun and/or wind.Balled and burlapped (B&B) plants that cannot be planted immediately upon delivery shall beset on the ground and protected by having soil, wet peat, or other acceptable materialcovering the roots or balls keeping them moist.D. Do not remove container grown stock from containers until planting time.E. Label at least one tree, one palm and one shrub of each variety with a securely attachedwaterproof tag bearing legible designation of botanical and common name, if requested byOwner.F. Sod: Time delivery so that sod will be placed within 24 hours after stripping. Protect sodagainst drying and breaking of rolled strips.1.05 JOB CONDITIONSA. Proceed with and complete landscape work as rapidly as portions of site become available.B. Utilities: Determine location of overhead and underground utilities and perform work in amanner which will avoid possible damage. Hand excavate, as required. Forty eight (48) hoursprior to digging, call the appropriate Utility Authority to have all utilities identified and marked inorder to avoid conflicts.C. Protection of Existing Structures: All existing buildings, walks, walls, paving, piping, and otheritems of construction and planting already completed or established shall be protected fromdamage. All damage resulting from negligence shall be repaired or replaced, including but notlimited to marks on pavers and cracks within existing walkways caused by the Contractor. TheOwner may, at his discretion have any damage repaired by others and subsequently costsback-charged to the Contractor.D. Protection of Existing Plant Material: The Contractor shall be responsible for all unauthorizedcutting or damage to existing trees or shrubs caused by careless operation of equipment,stockpiling of materials, etc. This shall include compaction by driving or parking inside thedrip-line of any tree, or spilling of oil, gasoline, or other deleterious materials within thedrip-line of any tree. No materials shall be burned.E. Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill,adverse drainage conditions, or obstructions, notify Landscape Architect before planting.PART II - PRODUCTS2.01 TOPSOILA. The Contractor is required to obtain a soil sample and perform a soil analysis test todetermine the existing soil composition and conclude whether it complies with the compositioncriteria below.B. Where topsoil does not meet the specified limits within the project site, it shall be furnished.Throughout all parts of site where finish grades and contour lines differ from existing contourlines, bring to finish grade contours shown on "Grading Plan."C. Topsoil shall be friable, fertile soil with representative characteristics of local soils. It shall befree of heavy clay, marl, stone, extraneous lime, plant roots, refuse and/or solid waste, sticks,brush, construction demolition debris, and any other deleterious materials. There shall be nonoxious weeds or weed seeds (i.e., nut grass, Bermuda grass and the like). In no case shallthere be more than five percent (5%) by dry weight of clay lumps or stones larger than 1". Itshall test in the pH range of 6.0 to 7.2 and shall contain no substance that will impede plantgrowth. The Contractor shall have topsoil laboratory-tested at his expense and approved byLandscape Architect or Owner prior to material delivery. Topsoil shall conform to the following specifications:COMPONENTS DRY WEIGHT MEASURE PARTICLE SIZEOrganic Matter 2% - 7% Silt/Clay 2% - 10% < 0.074 mmSand 85% - 98% 0.075 - 3.00 mmGravel 0% - 5% 4.75 mm - 1 inchThe analysis shall also show the following ranges:Soluble salt .2 - 1.0mmmhos/cmNitrogen 25-150 PPMPhosphorus 26 - 39 PPMPotassium 50 - 250 PPMCalcium 500 - 2500 PPMMagnesium 50 - 500 PPMIron 2.5 - 25 PPMManganese 2.5 - 25 PPMZinc 2.5 - 25 PPMCopper 1.3 - 5 PPMBoron0.5 - 1.5 PPMSulphur 15 - 200 PPMChlorine less than 100 PPMSodium less than 10Nematodes none2.02 SOIL AMENDMENTS AND FERTILIZERSA. Peat Moss: Peat moss shall be a commercial, baled sphagnum material, free of woody material, minerals, or foreign matter, with a pH range of 3.0 - 5.5.B. Sand: Sand shall be clean, sharp, and free of all deleterious material.C. Lime: Natural limestone (Dolomite) containing not less than 85% of total carbonates, groundso that not less than 90% passes a 10-mesh sieve and not less than 50% passes a 100-meshsieve.D. Humus Soil Conditioner: Consisting of yard trimmings and biosolids co-compost.E. Fertilizer: Fertilizer shall be a commercial grade, granular, slow release "pre-plant" typefertilizer.1. Fertilizer shall be delivered to the site in the original unopened container, bearing themanufacturer's guaranteed analysis. Any opened, caked, or damaged fertilizer will berejected.2. Tree, palm, shrub and grass fertilizer shall be “UF (University of Florida) Formulated”product 8-2-12 or 8-2-13 with minor elements as an all-purpose fertilizer, or equal, andapplied according to the manufacturer's direction.3. Application of fertilizer shall be consistent with the current recommendations of the GreenIndustries - Best Management Practices.4. Fertilizer shall be applied by an individual who has successfully completed the GI-BMPprogram and holds a current Urban Fertilizer License or as required by the State andLocal Ordinances.2.03 WATERA. All water necessary for planting and maintenance shall be of satisfactory quality to sustainadequate growth of plants and shall not contain harmful, natural or man-made elementsdetrimental to plants.2.04OTHER LANDSCAPE PRODUCTSA. Mulch: Mulch shall be shredded Melaleuca, Eucalyptus, Grade “A” Pine Bark Nuggets, orapproved equal, free of foreign materials and weed seeds. Minimum depth after settling shallbe 3".B. Guying and Bracing: Tree guying and bracing shall be the responsibility of the Contractor inaccordance with the planting details to insure stability and maintain plants in an uprightposition.C. Anti-desiccant: Anti-desiccant shall be "Wiltpruf” or equal, if specified on plans.D. Tree Wound Paint: Tree wound paint shall be an asphaltic base paint containing anantibacterial agent, specially prepared for tree surgery work.E. Super Absorbent Polymer: "Terra Sorb" or approved equal as packaged in 3 oz. Handy Paccomposed of synthetic acriamide copolymer, potassium, acrylate. Particle size of 1.0 mm to3.0 mm and absorption rate of 300 times its weight in water, if specified on plans.Apply dry, using the following amounts:1. For trees and palms up to 36" diameter root ball, use one 3 oz. Handy Pac.2. For trees and palms over 36" diameter root ball use two 3 oz.3. Handy Pacs. Broadcast throughout planting hole and backfill as per manufacturersspecifications.For container grown plants:Container Size Application Rate 1 Gallon1 Handy Pac / 9 Containers 3 Gallons1 Handy Pac / 4 Containers 7-10 Gallons 1 Handy Pac / 2 Containers 20 Gallons1 Handy Pac / 1 Container2.05 PLANT MATERIALA. Plant list is part of this specification section. The Contractor shall be responsible for furnishingand installing all plant materials shown on the drawings and plant list. In case of conflictbetween the two documents, the drawings shall rule.B. Quality: Trees, palms, shrubs, and other plants shall be Florida #1 or better as defined in thelatest edition of Grades and Standards for Nursery Plants, Florida Department of Agricultureand Consumer Services. Multi-trunked trees will not be accepted unless they are specificallyspecified in the planting plans. All plants shall have a normal habit of growth and shall besound, healthy, and vigorous. Trees shall have normal well-developed branching structuresand vigorous root systems that are not root or container bound.1. Balled and burlapped plants (BB or b&b) shall be dug with firm, natural balls of earth, ofsufficient depth and diameter to include the fibrous and feeding roots. Plants withcracked, dry, or broken balls will not be accepted, nor will plants with root balls ofinsufficient size.2. All plants, other than those collected on site, shall be nursery grown in accordance withgood horticultural practices and under climatic conditions similar to the site for at leasttwo years. Transplanting or root pruning shall have taken place during growth.C. Size: Plant sizes shown in the plant list are minimums. When a plant size is given by heightand spread or by container size, all specifications are minimums to be met or exceeded. Alltrees and shrubs shall be measured when their branches are in a normal position. Spreaddimensions specified refer to the main body of the plant and not from extreme branch tip to tip.Height is measured from the soil line to the average height of the canopy. Measurement doesnot include any terminal growth; the container or root ball is also not included.Unless otherwise specified, the determining measurement for trees shall be caliper, whichshall be measured 6" above the ground for trees up to 4" in caliper, and 12" above the groundfor trees over 4" caliper.2.06 GRASS MATERIALSA. Types: Sod type shall be as specified on the provided landscape plan and associated plantschedule.B. Dimensions: The sod shall be taken up in commercial size rectangles, preferably 12-inch x24-inch.C. Measurement: Sod shall be measured on the basis of square footage. Contractor shall beresponsible for complete coverage based on the square footage shown on plans; therefore,Contractor shall factor in cutting and shrinkage of materials.D. The sod shall be sufficiently thick to provide a dense stand of live grass. The sod shall be live,fresh and uninjured, at the time of planting. It shall be a soil mat of sufficient thickness, atleast 2” thick, adhering firmly to the roots to withstand all necessary handling. It shall be freeof weeds and other grasses. It shall be planted as soon as possible after being dug, and shallbe shaded and kept moist from the time it is dug until it is planted. After approval, the areafrom which the sod is to be harvested shall be closely mowed and raked as necessary toremove excessive top growth and debris.2.07 REJECTION, SUBSTITUTION, AND RELOCATIONA. All plants not conforming to the requirements herein specified shall be considered defectiveand such plants shall be marked as rejected and removed from the site whether in the groundor not, at the Contractor's expense. Such removal shall take place immediately and newplants shall be brought in as replacements. The plant materials must meet all applicableinspections required by law.B. The Owner or Landscape Architect also reserves the right to require that plants be relocatedafter installation if their initial installation does not conform to the plans or the intent of theplans, or if the original location poses an unforeseen threat to other facilities, human life,health, or safety, or to site utilities. Such relocation shall be at the Contractor's expense.PART III - EXECUTION3.01 GENERALA. Proceed with and complete landscape work as rapidly as portions of the site becomeavailable.B. No planting shall be done until all operations in conjunction with the installation of the sprinklersystem have been completed, final grades have been established, planting areas have beenproperly graded and prepared.C. Adverse Conditions: When conditions potentially detrimental to plant growth are encounteredduring work, such as rubble or refuse fill, adverse drainage conditions, or obstructions, notifyOwner or Landscape Architect before planting.D. Work Scheduling: Work is to be scheduled to establish a logical sequence of steps forcompletion of each type and phase of landscape work, in such a way as to correspond with,and avoid damage and conflict with, other disciplines on site.E. Coordination with Sod/Lawn: Plant trees, palms, and shrubs only after final grades areestablished, and prior to sodding or lawn establishment. If such planting must be done afterlawn work, protect lawn/sod areas during planting and promptly repair any resulting damage.F. Timing: 1. Planting work shall not be started until the final subgrade has been established, berms have been constructed and fine finished grading completed.2. Under no conditions shall work be done if weather or soil conditions are not satisfactory.G. Clean-up:1. At all times during the construction and installation, the site shall be maintained in aclean, orderly and safe condition. Streets and pavements shall be kept clean. Materialsand equipment for planting work shall be limited to the quantity required for the particularphase of work currently underway on the job site.2. Protect landscape work and materials from damage due to landscape installation andmaintenance operations, operations by other contractors and trades, and trespassers.Maintain protection during installation, Maintenance and Establishment periods. Treat,repair or replace damaged landscape work as directed.3.02 SOIL PREPARATIONA. Grading and soil preparation work shall be performed only during periods when best resultscan be obtained. If the moisture content of the soil is high enough that work would damagesoil structure, grading and tilling operations shall be suspended.B. Before mixing in soil amendments, clean topsoil of roots, plants, sods, stones, clay lumps, andother extraneous materials harmful or toxic to plant growth. Apply Herbicide for weed controlas needed.C. Mix specified soil amendments and fertilizers with topsoil at rates specified. Delay mixing offertilizer if planting will not follow placing of planting soil within a few days.D. For planting beds, mix planting soil either prior to planting or apply on surface of topsoil andmix thoroughly before planting.1. Mix lime with dry soil prior to mixing of fertilizer.2. Prevent lime from contacting roots of acid-loving plants.E. Unless drawings indicate otherwise, berms shall not exceed a 3:1 slope. Berms near buildingsor in potentially troublesome drainage situations shall be checked for correct drainage by theproject Engineer or Owner prior to planting.F. Tree and shrub planting beds which fall within or near parking lot areas shall be completelyexcavated and back-filled with topsoil. All shell-rock or other base materials, and all subsoiland debris, shall be completely removed from beneath such planting areas, to a minimumdepth of 24".G. All tree and/or shrub planting areas within 36" of building foundations, and any other plantingareas where significant buried construction debris is encountered, shall be excavated to aminimum depth of 24" and backfilled with topsoil as specified elsewhere in thesespecifications.3.03 TILLINGA. Before mixing, clean soil of roots, plants, clay lumps, stones in excess of 1" in diameter, andother extraneous or potentially harmful materials.B. After all soil conditioning (and topsoil if called for on plans) has been spread at specified rates,the areas to be planted should be thoroughly rotary-tilled to a depth of six (6) inches. Plowingor dicing is not an acceptable substitute for rotary-tilling.1. If the sprinkler system is installed after grading and tilling is completed, the backfill shallbe retilled in the affected areas.2. When the subsoil, grading, topsoil addition, soil conditioning, and tilling have beenaccomplished, all areas so treated shall be compacted and settled by application ofheavy irrigation to a minimum depth of twelve (12) inches. Erosion scars shall berepaired.3.04 FINE FINISH GRADINGA. When preliminary grading has been completed and the soil has dried sufficiently to be readilyworked, all lawn and planting areas shall be graded to the elevations indicated on theEngineering Plans. The top four (4) inches shall be completely free of stones larger than one(1) inch. Grades not otherwise indicated shall be uniform levels or slopes between pointswhere elevations are given. Positive drainage away from buildings shall always be maintained.Surface drainage shall be directed as indicated on the drawings by remodeling surfaces tofacilitate the natural run-off of water. All depressions where water will stand, all voids, erosion,settled trenches and excavations, and all ridges and rises shall be amended and/or removedleaving a smooth, even finish grade. If additional amended topsoil is required to accomplishthe intent of this specification, it shall be according to the foregoing specifications for topsoil.1. All area shall be graded so that the final grades are 2" below adjacent paved areas,sidewalks, valve boxes, mowing strips, clean-outs, drains, etc., with appropriateadjustments for varying sod thicknesses. The intent is for water always to drain awayfrom paving into lawn/sod areas.2. Eliminating all erosion scars prior to beginning planting.3. The Owner and/or his representative shall approve all final finish grades prior to planting.B. Prior to fine grading or the installation of plant material the Contractor shall obtain certificationthat the project area is at the grade levels proposed by the Civil Engineer or LandscapeArchitect from a licensed Surveyor. The Contractor shall fine grade the lawn and plantingareas to bring the rough grade up to final finished grade allowing for thickness of sod and/ormulch depth.3.05 PLANTING TREES AND PALMSA. Layout individual tree locations and areas for multiple plantings. Stake all locations and outlineareas, then secure Landscape Architect's acceptance before the start of planting work.B. Prior to preparation of tree pits, ascertain the location of all electrical cables, all conduits, allutility lines, oil tanks and supply lines, so that proper precautions may be taken not to disturbor damage any existing conditions. Properly maintain and protect existing utilities. Shouldsuch underground or overhead obstructions be encountered that interfere with planting, theContractor will inform the Landscape Architect or Owner's representative and shall beconsulted as to the adjustment of the location of plants to clear such obstruction or therelocation of the obstruction.C. Tree pit locations shall be staked by the Contractor and approved by the Owner or LandscapeArchitect before digging. Pits shall be excavated to the depth and width indicated and allsubsoil removed.D. Protect all areas from excessive compaction by foot traffic or machinery when bringing treesto the planting area.E. All excavated holes shall have vertical sides with roughened surfaces and shall be of a sizethat is at least twice the width of the original plant container or ball. In all cases the holes shallbe large enough to permit handling and planting without damage to the roots or root ball.F. Excess soil shall be removed or utilized as directed by Owner or the Owner's representative. Ifthe excess soil will not be used, it is the responsibility of the Contractor to remove and disposeof the discarded soil off site in an acceptable manner.G. Tree pits shall be backfilled with a topsoil mixture as specified elsewhere in thesespecifications Palm tree pits will be backfilled with a mixture of up to 95% sand and 5%organic material.H. Add fertilizer to tree pits as specified elsewhere in these specifications.I. Set balled and burlapped stock on a layer of 50% native soil and 50% topsoil compacted to a6" depth. Loosen burlap from top of sides of the ball but no burlap shall be pulled fromunderneath. Remove non-organic binding material (if any) from tree ball. Immediately cut anydamaged roots with clean shears. Using a plumb to assure that the tree is properly upright,begin filling the hole and tamping the fill material. When the hole is 2/3 filled, water thoroughlyand probe with a stick to be sure that no air pockets remain. Re-plumb, complete filling thehole, re-tamp, and water again.J. Set container-grown stock as above, taking care not to damage roots when removing thecontainerK. During planting, do not cover the top of the root ball with the soil mixture. All rope, wires,burlap mesh etc., shall be removed from the root ball. No synthetic burlap is allowed on anyplant material. Synthetic burlap is unacceptable for rootballs. Trees shall be planted so thatthe top of the root ball is 2" above final grade. Allow for settling. Any trees resting deeper orhigher must be either reset or replaced at the discretion of the Owner or Landscape Architect;such work shall be at the Contractor's expense.L. Create a watering basin around each tree at least as wide as the root ball in diameter formedby a circular ridge of soil at least 6" high.M. Each planting basin shall be mulched to a minimum depth of 3" (after settling). Mulch shall notbe applied until the tree has been thoroughly watered and two days have elapsed. Mulchshould be placed so that it is not in direct contact with trunks.N. All trees are to be staked or guyed per these specifications. All stakes shall be painted aconspicuous color or shall be flagged for visibility and public safety; guy wires shall beflagged.O. Palms shall be planted per above specifications.3.06 PLANTING SHRUBS, VINES, AND GROUND COVERSA. The locations of all plants, bed outlines and all other areas to be planted shall be clearlymarked with agricultural gypsum or landscape marking paint then approved by the Owner orLandscape Architect before any holes are dug.B. No planting shall be done until the area concerned has been satisfactorily prepared inaccordance with these specifications.C. No more plants shall be distributed in the planting area on any work day than can be plantedand watered in that day.D. Unless otherwise indicated, all plants shall be planted in pits, centered as called for on theplant list, and set in 24" depth of topsoil as specified elsewhere in these specifications to suchdepth that the soil line of the plants will match the surrounding grade after settling. Plants shallbe planted in a vertical position and oriented to give the best possible appearance orrelationship to adjacent structures or features. Remove all inorganic containers or binding. Alldamaged roots shall be cut away cleanly. Planting soil shall be placed and compactedcarefully to fill all voids and avoid root injury. When the hole is 2/3 filled, water thoroughly. Thehole shall then be filled to finish grade and a shallow saucer shall be formed around each bed.After settling, soil shall be added as needed to bring the hole to grade level.E. Azaleas and other ericaceous and acid-loving plants shall be backfilled with a mixture of 20%topsoil and 80% acid peat. They shall be set so that the bases of the plants are slightly higherthan they grew in the container or nursery after settling. At no time shall lime in any form bebrought into contact with the plants or their roots. Mulch with pine straw unless notedotherwise.F. Add fertilizer to plants as outlined in section 2.02.G. Vines shall be planted in pits containing at least 2 cubic feet of prepared topsoil. They shall beplanted in the same manner as shrubs, and shall be mulched. Vine stems shall be fastened towalls, trellises, etc. as specified in the drawings.H. Groundcover plants shall be laid out in their proposed planting locations without beingremoved from their containers after the soil is properly prepared per these specifications.Planting methodology is the same as for other shrubs.I. Any plants which, after settling, rest significantly higher or even slightly lower than they grewin the nursery or container are subject to resetting or replacement at the discretion of theOWNER or Landscape Architect. Such work shall be at the Contractor's expense.J. If called for in the plans, landscape edging shall be installed as specified.K. All planting beds and individual plantings shall be mulched with a minimum of 3" (aftersettling) of mulch as specified in this document. Mulch shall be free of weed seeds and otherforeign matter.3.07 ANNUAL AND SEASONAL COLOR BEDSA. Beds shall be mounded to a height 6" on top of the existing grade and composed of 50%topsoil and 50% compost.B. Soil shall be covered with ½” - 1" deep layer of Pine Fines Mulch or comparable product.3.08 PRUNINGA. All pruning shall be done in the presence of, and with the approval of, the Owner orLandscape Architect. Only clean, sharp tools designed for the purpose shall be used. The goal of pruning is always to preserve and enhance the natural character of the plant. Pruningshall be done per modern horticultural practice (see National Arborist Standards, latest edition).B. Pruning shall be limited to the minimum necessary to remove injured twigs, branches, andfronds, to compensate for root loss suffered during digging and transplanting, and to thin andshape shrubs and trees. In no case shall more than 1/3 of the branching structure beremoved. Damaged, scarred, frayed, split, or skinned twigs, branches, or limbs shall bepruned back to the next sound outside lateral bud, branch or limb. The terminal bud or leadershall never be removed.C. Prune trees and shrubs to retain required height and spread. Remove the minimal amount ofwood necessary on flowering trees and shrubs. Remove only dead or dying fronds frompalms. Cuts over 3/4" in diameter shall be treated with tree wound paint; all exposed livingtissue shall be covered.D. Existing Trees: If indicated on drawings, Contractor shall prune and thin existing trees on site.The use of climbing spurs is prohibited. All diseased, dead branches and those interferingwith healthy plant growth shall be removed. Also, remove root suckers, low branches, and anyothers as directed by the Owner or Landscape Architect. Cuts shall be flush with the trunk orlimb and shall be painted with tree paint. Remove any nails, wires, etc. fastened to the tree.3.09PLANTERS - DECORATIVE OR STRUCTURALA. If specified, landscaping in planters shall be installed using the following method:1. Install 4" deep layer of fine crushed stone in bottom of planter.2. Install filter fabric over stone layer. Turn up edges of fabric all around.3. Install planting soil mix over filter fabric to within 3½” of top for planter. Do not compactplanting soil.4. Install plant material as specified elsewhere in these specifications.5. Install 3" of mulch over planting soil.3.10 SODDING NEW LAWNSA. The Contractor shall sod all areas indicated and noted on the drawings. No sodding shalloccur until areas to be sodded are cleared of any rough grass, weeds and debris, the groundbrought to an even grade and specified amendments have been added. See details forspecific amendments as per sod type.B. Whenever a suitable area has been graded and is ready for sodding the Contractor shall,when directed by the Landscape Architect, proceed at once with the sodding of the availableareas. Sodding shall be incorporated into the project at the earliest practical time in the life ofthe contract. No sod which has been cut for more than seventy two (72) hours shall be usedunless specifically authorized by the Landscape Architect or Owner after his careful inspectionthereof. Any sod which is not planted within twenty four (24) hours after cutting shall bestacked in an approved manner and maintained properly moistened.C. The sod shall be placed on the prepared surface, with edges in close contact, and shall befirmly and smoothly embedded by light tamping with appropriate tools. Sod shall be rolledwith 1,000 lbs. roller unless waived by the Landscape Architect or Owner.D. Where sodding is used in drainage ditches, sod panels shall be set in a staggered pattern,such as to avoid a continuous seam along the line of flow. Offsets of individual strips shall notexceed six (6) inches. At the inside of the curbs, sod shall abut squarely and evenly.E. On areas where the sod may slide, due to height and slope, the Landscape Architect orOwner may direct that the sod be pegged, with pegs driven through the sod blocks into firmearth, at suitable intervals.F. Any pieces of sod which, after placing, show an appearance of extreme dryness shall beremoved from the work.G. Where placement of new sod abuts existing sodded areas, new sod must be placed in such amanner as to produce an even transition to existing sodded areas.H. It shall be the responsibility of the Contractor to bring the sod edge in a neat, clean manner tothe edge of all paving and shrub areas.PART IV MAINTENANCE, ESTABLISHMENT AND WARRANTY PERIODS4.01 MAINTENANCE AND ESTABLISHMENT PERIODA. The Maintenance Period shall begin immediately after each plant is planted, and theContractor shall continuously maintain all areas involved in this contract during the progressof the work.B. The Establishment Period shall begin on the first day after all planting and installation of alllandscape elements is completed and initially accepted. The Contractor shall continuouslymaintain all areas from initial acceptance until final acceptance by the Owner. TheEstablishment Period shall continue for not less than ninety (90) continuous calendar days.Hurricane cut Sabal Palms shall have an Establishment Period of not less than one hundredand eighty (180) continuous calendar days. The Establishment Period will end at the time theproject is given final acceptance. An inspection shall be made by the Owner or LandscapeArchitect to accept the completed work and issue a determination of substantial completion.Inspections may be performed on all or partially completed phased work under the Contract,as directed by the Owner.C. Maintenance of new plantings shall consist of, but not necessarily be limited to, pruning,watering, cultivating, weeding, mulching, tightening or replacing guys and stakes, resettingplants to proper grades or upright positions, furnishing and applying sprays as necessary tocombat insects and disease, litter control, rolling, fertilizing and replanting.D. Planting areas and plants shall be protected at all times against damage of any kind for theduration of the maintenance and establishment periods. If any plants are injured or damaged,they shall be treated or replaced as directed by the Owner or Landscape Architect at noadditional cost. The Contractor is responsible for acts of vandalism or theft during themaintenance and establishment period unless this responsibility is assumed in writing byanother party.E. Restrict foot and vehicular traffic from all lawn and planting areas after seeding and plantingoperations. Erect signs and barriers if required and remove when lawn and plantings are wellestablished and accepted by Owner.F. The Contractor shall be responsible for maintaining adequate protection of the site. Areasdamaged by the Landscape Contractor's men or equipment, or the men or equipment of hisSubcontractor's, shall be repaired at the Landscape Contractor's expense.G. The Contractor is responsible for keeping all plant materials adequately watered afterinstallation even if the irrigation system is not operational. Plants shall receive a thoroughwatering immediately after planting. Afterwards, plants shall be watered during themaintenance and establishment periods per the requirements set forth in "WaterRequirements for Newly Planted Grass, Ground Covers, Shrubs and Trees in Florida",distributed by South Florida Water Management District. In those areas where a permanentirrigation system will not be provided, the Contractor is responsible for implementing theWatering Program identified in the Landscape Plans.H. The Landscape Contractor is responsible for keeping all plant materials adequately fertilizedthroughout the Maintenance and Establishment Periods. Fertilizer shall be applied at a rate tokeep plant materials healthy. All fertilizer shall be done under the direction of a licensedfertilizer operator.I. The Landscape Contractor shall control disease and pest infestations in the planting area.Upon approval, the Contractor shall implement the control measures, exercising extremecaution in using hazardous materials and taking all necessary steps to protect others on andnear the job site. All disease and pest control shall be done under the direction of a licenseddisease and pest control operator.J. Herbicide Weed Control: All landscape areas shall be free of nut grass, torpedo grass, andother noxious weeds until final acceptance of work.1. "Round-up" shall be applied to all planting areas as needed and determined on-site by the Owner for weed control. Apply per manufacturers specifications.2. "Ronstar" pre-emergent or OWNER - approved equal, shall be applied 2 weeks before planting. Apply per manufacturers specifications.3. Apply "Fusilade" in all areas where torpedo grass has emerged. Apply per manufacturers specifications.4. Apply "Basagram" or "Marage" in all areas where nutgrass has emerged. Apply per manufacturers specifications.K. Mowing of turf will commence ten (10) days after installation. The height of cut will be 3".After the first cut, the Contractor shall adjust the frequency of mowing so that at eachoperation no more than 1/3 of the grass blade is removed per cutting.L. If the lawn surface becomes uneven or develops any low spots or gaps in the sod at any timeduring the maintenance or establishment periods, contractor to provide clean sand to fill alllow spots and gaps to level the lawn surface. Roll the lawn immediately afterwards with a1,000 lb. roller after thoroughly irrigating lawn. If required, level the lawn again, using thesame procedure until a uniform level lawn surface is provided. Between the 15th and 20th dayof the Establishment Period, the Contractor shall re-sod all spots or areas within the lawnwhere normal turf growth is not evident. Turf must be well established and free of bare spotsand weeds to the satisfaction of the OWNER or Landscape Architect prior to final acceptance.All planted areas other than lawn shall be weeded at intervals of not more than ten (10) days.M. Application of fertilizer to be done between the fortieth (40) and fiftieth (50) day of theestablishment period. Landscape Architect or Owner are to be notified a minimum of fortyeight (48) hours in advance.N. Improper maintenance or poor condition of any planting at the time of the termination of thescheduled Establishment Period may cause postponement of the final acceptance of thecontract. Any material found to be dead, missing, or in poor condition during the establishmentperiod shall be replaced immediately. Maintenance shall be continued by the Contractor untilthe work is acceptable.O. Inspection and Final Acceptance:1. In all cases the Landscape Architect will perform an initial and final inspection at thebeginning and end of the Establishment Period, respectively. It is the responsibility of theContractor to notify the Owner or Landscape Architect of the beginning and end of thisperiod and to submit a written request for an inspection ten (10) days in advance.2. Following inspection(s), Landscape Architect will prepare a listing of outstanding items tobe addressed prior to final acceptance. Final acceptance will be given once theoutstanding items are completed, and the work performed to the satisfaction of theLandscape Architect and OWNER.3. Any material that is 25% or more dying shall be considered dead and must be replacedat no charge. A tree shall be considered dead when the main leader has died or when25% of the crown is dead. A tree that has suffered significant leaf drop but shows signsof life may be left for later re-inspection. Such trees shall be subject to removal andreplacement at any time up to and including the first re-inspection, as requested by theOwner or Landscape Architect. The Warranty Period for such trees shall not begin untilafter the second re-inspection.4.02 WARRANTY PERIODA. Unless a different agreement is reached in writing between the Owner and the Contractor, alltrees and other plant material, including ground covers, installed under this agreement shallbe guaranteed to live and grow, and shall be warranted against defects, death andunsatisfactory growth for a period of one (1) year from the day of final acceptance of contractwork.B. Non-living landscape elements shall also carry a one (1) year guarantee on materials, labor,and workmanship.C. Material found to be dead or in poor condition within the Warranty Period shall be replaced bythe Contractor within fifteen (15) days of written notification by the Owner's representative.The Owner or Landscape Architect shall be the sole judges as to the condition of the material.D. Materials and labor involved in the replacing of materials shall be supplied by the Contractorat no additional cost to the Owner.E. Soil Testing: Should plant materials show yellowing or other signs of soil and/or nutritionalproblems, the Owner or Landscape Architect may request soil testing and analysis. Suchtesting will be at the expense of the Contractor.1. Soil problems (as revealed by testing) shall be corrected by application of correctivechemicals and nutrients, removal and replacement of soil, or other measures as agreedupon by all parties. All such measures shall be at the Contractor's expense unless clearevidence establishes that the soil problem is not pre-existing and is caused by factorsbeyond the Contractor's control.F. Replacement and Conditions:1. Materials will be replaced as many times as necessary to satisfy the OWNER'Srepresentative and the specifications. All replacement costs will be the responsibility ofthe Contractor.2. Replacements will be of the same size, species, and specifications as the original. Noadditional soil additives will be required unless significant amounts of soil mix are lostbefore or during replacement.3. Plant losses due to abnormal weather conditions such as floods, excessive wind damage(on properly staked or guyed trees), severe freezing, or hail will not be the responsibilityof the Contractor.4. Deciduous materials will be guaranteed to break dormancy at the proper season.Materials planted during their normal dormant period will be guaranteed to resumenormal growth at the proper time for that species. 1 Li F.P.L.AND urlm n CLASSROOM ERN BELL U.E. I Os R.B.652,PG.26) ! 0) clesI 2 5.0'F..-P.L.EASEME I I I dI (O.R.B.420,PG.308) ' STUDIOS' O Urban Planning&De: t pOND Lantlscape Architect,C t t t Co. —ion G.pO = PiaeO- L 34 3 O ss,••.,,oa1Os•. s E CLASSROOM 9 z.T Fw•• MUSIC CENTER I S`;I]e- -• • - • - RELOCATED•t F e'I Ir I- TREE TO REMAIN NCE r 1$ ET FRONT r fP. SETBACK 26' 24.3' 0 33.\0 IIII 4.0"24.0' 2 Q OO FENCE. V/ P. NoRr,v R/ AREN RoAO i SCH L E.o, a e YH pL^\ R ALK SID I PROPOSED PROPOSED S SIDEWALK S SIDEWALK ROPOSED TRAINEDSTAF, u,c OW 1- t 1 E\' PERSON TO DIRECTMM m TRAFFIC W E a a rU CON Z g G: R3 LU: HIGH DENSITY jam RESIDENTIAL r NORTH 0 25' 50' 11 N ''•Scale: 1"=50'-0" k ofl EXHIBIT – Traffic Flow During Construction Phase Florida Department of Transportation RON DESANTIS GOVERNOR 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 JARED W. PERDUE, P.E. SECRETARY February 17, 2025 Sincerely, Roya Edwards, AICP District Traffic Operations Access Manager cc: Patricia Moore File: S:\Transportation Operations\Traffic Operations\Access Management\1. Pre-Apps and Variance\2025-02-13\Pre-App 04 93040000 MP 2.80 SR 5 The Benjamin School\93040000 MP 2.80 SR 5 The Benjamin School.docx www.fdot.gov | www.d4fdot.com Page 1 of 1 THIS PRE-APPLICATION LETTER IS VALID UNTIL – February 17, 2026 THIS LETTER IS NOT A PERMIT APPROVAL Kyle Duncan Simmons & White, Inc. 2581 Metrocentre Boulevard West, Suite 3, West Palm Beach FL 33407 Dear Kyle Duncan: RE: Pre-Application Review for Category B Safety Upgrade, Pre-Application Meeting Date: 2/13/2025, 11:15 AM Palm Beach County - North Palm Beach; C3R - Suburban Residential; Sec. # 93040000; MP: 2.7; Access Class - 03; Posted Speed - 45; SIS - N/A; FDOT Ref. Project: N/A Request: Close the existing right-in/right-out driveway located along the west side of SR 5 located approximately 171 feet north of McLaren Road. SITE SPECIFIC INFORMATION Project Name & Address: The Benjamin School – 11011 US Highway 1, North Palm Beach, FL Property Owner: Benjamin Private School Inc.; Parcel Size: 0.9 Acres Development Size: 4,837 SF Administrative Office REQUEST APPROVED This decision is based on your presentation of the facts, site plan and survey - please see the conditions and comments below. You may choose to review this concept further with the District Access Management Review Committee (AMRC). Comments:  All driveways not approved in this letter must be fully removed and the area restored.  Drainage mitigation is required for any stormwater impacts within FDOT right-of-way (i.e. increased runoff or reduction of existing storage.). The drainage mitigation shall meet all FDOT Drainage Manual criteria and will be reviewed/approved as part of an access permit.  The applicant shall donate property to the Department if right-of-way dedication is required to implement the improvements.  Dimensions between driveways are measured from the near edge of pavement to near edge of pavement and for median openings are measured from centerline to centerline unless otherwise indicated. The purpose of this Pre-Application letter is to document the conceptual review of the approximate location of driveway(s) to the State Highway System and to note required improvements, if any. This letter shall be submitted with any further reviews and for permitting. The Department’s personnel shall review permit plans for compliance with this letter as well as current Department standards and/or specifications. Final design must consider the existing roadway profile and any impacts to the existing drainage system. Note, this letter does not guarantee permit approval. The permit may be denied based on the review of the submitted engineering plans. Be aware that any approved median openings may be modified (or closed) in the future, at the sole discretion of the Department. For right-of-way dedication requirements go to: https://osp.fdot.gov; click on Statewide Permit News; Scroll down to District 4; Scroll down to Additional Information and Examples and choose Right-of-way Donations/Dedications. Please contact the District Traffic Operations Access Manager - Tel. # 954-777-4363 or e-mail: D4AccessManagement@dot.state.fl.us with any questions regarding the Pre-Approval Letter. Roya Edwards 2025.02.17 10: 13:58 -05'00' Feburuary 14, 2025 Caryn Gardner-Young Community Development Director Village of North Palm Beach 701 U.S. Highway 1 Suite 100 North Palm Beach, FL 33408 RE: The Benjamin School – Lower School UDS REF# 05-017.008 Dear Mrs. Gardner-Young, Please accept this letter regarding The Benjamin School – Lower School Landscape Plan that is in compliance with the Village of North Palm Beach landscape code requirements. All existing trees/palms shown on the Landscape Plan are depicted correctly per the Tree Survey (prepared by Caulfield and Wheeler) and existing plant material evaluated by ISA Certified Arborist Justion Rogers (FL-9547A). Please contact me if you have any questions regarding this letter. Respectfully, Robert Dinsmore Florida Registered Landscape Architect License #LA6667464 CC: Janelle Vinson, UDS H:\JOBS\Benjamin Maintenance Facility_05-017\The Benjamin School_CPUD_DD_.008\Drawings\Landscape Plan\PDFs\2025-02-14 Resubmittal Digitally signed by Robert D. Dinsmore II, PLA Date: 2025.02.18 10:35:01 -05'00' VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council FROM: Jessica Green, Village Clerk DATE: April 24, 2025 SUBJECT: MOTION – Confirmation of Appointment of Deputy Village Clerk Section 2-68 of the Code of Ordinances provides that the Deputy Village Clerk be appointed by the Village Clerk, subject to confirmation of the appointment by the Village Council. Marquetta Fells began serving in the position of Deputy Village Clerk on April 15, 2024, and has successf ully completed the required 365-day probationary period. Ms. Fells is an excellent employee and an asset to the Clerk’s office. I recommend confirmation of her appointment as Deputy Village Clerk. Recommendation: The Village Clerk respectfully requests Council consideration and approval of a motion confirming the appointment of Marquetta Fells as Deputy Village Clerk. VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: April 24, 2025 SUBJECT: MOTION – Approval of Release of Unity of Title for former Village Shoppes Planned Unit Development The Village received a letter from James Gavigan, Esquire, sent on behalf of NP-Devland Holdings, LLC, requesting that the Village Council release the Unity of Title relating to the existing Village Shoppes Planned Unit Development (PUD). At its April 10, 2025 meeting, the Village Council approved a Master Development Plan and a Master Phasing Plan for the Village Place special C-3 Planned Unit Development. The Council adopted the version of the Village Place PUD Ordinance presented on first reading in lieu of granting the developer entitlements as to height. The version presented on second reading, setting forth such entitlements in exchange for certain public benefits, included a condition specifically releasing the Unity of Title. The release is required because the Council’s approval of the Village Placed PUD repealed all conflicting ordinances, including the prior Ordinance approving the Village Shoppes PUD. The Village Place PUD includes additional properties not included in the Village Shoppes PUD and will be subject to a single Declaration of Restrictions and Covenants administered by a Master Property Owner’s Association. A copy of the letter requesting the release of the Unity of Title, in addition to the existing Unity of Title and proposed Release of Unity of Title, are attached. If the Council agrees to release the Unity of Title, the developer will still be required to obtain consent from the Town Council for the Town of Lake Park. There is no fiscal impact. Recommendation: Village Staff requests Council consideration of the request by NP-Devland Holdings, LLC to release the Unity of Title for the existing Village Shoppes Planned Unit Development and to authorize the Mayor to execute the proposed release in accordance with Village policies and procedures. WPBDOCS 21672206 1 JAMES C. GAVIGAN JR. PARTNER Shutts & Bowen LLP 1100 CityPlace Tower 525 Okeechobee Boulevard West Palm Beach, Florida 33401 DIRECT (561) 650-8540 EMAIL JGavigan@shutts.com April 16, 2025 Via Email chuff@village-npb.org Chuck Huff, Village Manager Village of North Palm Beach 501 US Highway 1 North Palm Beach, FL 33408 Re: Village Shoppes at U.S. 1, LLC Unity of Title Dear Mr. Huff, Our firm represents NP-Devland Holdings, LLC in connection with the redevelopment of the 13.55 acre property located at the intersection of U.S. Highway 1 and Palmetto Drive (former Twin City Mall site). My client respectfully requests that the Village release the Unity of Title for the Property. I’ve attached a draft Release of the Unity of Title, along with the existing Unity of Title. Please let me know if you would like to discuss further. Sincerely yours, JCG/ias cc: Nader Salour Harvey E. Oyer, Esq. Len Rubin, Esq. 1 WPBDOCS 21670547 1 Prepared by and when recorded return to: James C. Gavigan, Jr., Esquire Shutts & Bowen LLP 1100 CityPlace Tower 525 Okeechobee Boulevard West Palm Beach, FL 33401 (561) 835-8500 RELEASE OF UNITY OF TITLE THIS RELEASE OF UNITY OF TITLE is made by the Village Council of the Village of North Palm Beach (the “Village Council”) and the Town Council of the Town of Lake Park (the “Town Council”). WHEREAS, on or about February 26, 2003, a previous owner executed a Unity of Title for the property described therein which was recorded in Official Records Book 14847, Page 1775 of the Public Records of Palm Beach County, Florida (the “Unity of Title”); WHEREAS, the aforesaid property is now owned by NP-DEVLAND HOLDINGS, LLC, a Delaware limited liability company (the “Owner”); WHEREAS, the Village Council and the Town Council have the authority to release the Unity of Title as described in Section 2 of the Unity of Title; and WHEREAS, the Owner has requested that the Village Council and the Town Council release the Unity of Title, and the Village Council and the Town Council now agreed to do so. NOW, THEREFORE, in consideration of the foregoing, the aforesaid Unity of Title is hereby released and terminated, declared that it is void, and shall no longer be applicable or affect any of the property described therein. [SIGNATURE PAGES TO FOLLOW] 2 WPBDOCS 21670547 1 IN WITNESS WHEREOF, the Village Council has executed this Release of Unity of Title as of this ____ day of ___________, 2025. Signed, sealed, and delivered in the presence of: __________________________ Signature of Witness 1 __________________________ Print name of Witness 1 Address: __________________ __________________________ __________________________ Signature of Witness 2 __________________________ Print name of Witness 2 Address: __________________ __________________________ VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH By: Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____ day of _____________, 2025, by ______________________ as ___________________________ of the Village Council of the Village of North Palm Beach, who ☐ is personally known to me or ☐ has produced ____________________ as identification. (NOTARY SEAL) Notary public, State of Florida Print Name: My commission expires: Serial No.: 3 WPBDOCS 21670547 1 IN WITNESS WHEREOF, the Town Council has executed this Release of Unity of Title as of this ____ day of ___________, 2025. Signed, sealed, and delivered in the presence of: __________________________ Signature of Witness 1 __________________________ Print name of Witness 1 Address: __________________ __________________________ __________________________ Signature of Witness 2 __________________________ Print name of Witness 2 Address: __________________ __________________________ TOWN COUNCIL OF THE TOWN OF LAKE PARK By: Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____ day of _____________, 2025, by ______________________ as ___________________________ of the Town Council of the Town of Lake Park, who ☐ is personally known to me or ☐ has produced ____________________ as identification. (NOTARY SEAL) Notary public, State of Florida Print Name: My commission expires: Serial No.: