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1997-020 Planning Area Study Agreement with LRM RESOLUTION NO. 20-97 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH LAND RESEARCH MANAGEMENT, INC. ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR A SPECIAL PLANNING AREA STUDY OF REAL PROPERTY OF THE INCORPORATED AREAS OF THE VILLAGE AND UNINCORPORATED AREAS OF PALM BEACH COUNTY BOUNDED BY LAKE WORTH ON THE EAST, THE INTRACOASTAL WATERWAY ON THE SOUTH AND WEST AND PGA BOULEVARD ON THE NORTH; AND, PROVIDING FOR AN EFFECTIVE DATE. • BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement with Land Research Management, Inc. attached as Exhibit "A", which Agreement is for the purpose of securing a Special Planning Area Study of real property of the incorporated areas of the Village and unincorporated areas of Palm Beach County bounded by Lake Worth on the east, the Intracoastal waterway on the south and west and PGA Boulevard on the north. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with Land Research • Management, Inc. set forth in Exhibit "A" for and on behalf of the • Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 27th DAY OF MARCH , 1997. (Village Seal) r: VILLAGE CLERK 1 ~~ MAYOR • • A G R E E M E N T AGREEMENT made this 27th day of March ~ ~ yy~ by and between the VILLAGE OF NORTH PALM BEACH, FLORIDA, (herein referred to as -the "VILLAGE") and LAND RESEARCH MANAGEMENT, INC. W I T N S S S E T H WHEREAS, the VILLAGE desires to appoint a Consultant familiar with ,the VILLAGE'S comprehensive planning and zoning matters to prepare a special Planning Area Study; and WHEREAS, LAND RESEARCH MANAGEMENT, INC., has established itself as a qualified consulting firm capable of performing the VILLAGE'S comprehensive planning program;~and • WHEREAS, LAND RESEARCH MANAGEMENT, INC., wishes to accept appointment as Consultant for, the VILLAGE. under terms and conditions stated herein. NOW, TIiEREFORE, the parties hereto do mutually agree as follows: I. DUTIES. The VILLAGE hereby appoints LAND RESEARCH MANAGEMENT, INC., (hereinafter referred to as "LRM, INC.") as Consultant to the VILLAGE OF NORTH PALM BEACH to perform the duties as specified herein. II. SCOPE OF SERVICES. A. LRM, INC. shall: 1. Prepare a detailed work program, including _i_ a schedule of related public meetings. 2. Prepare the special Planning Area Study, as detailed in the work program presented in EXHIBIT "A". 3. Prepare related Comprehensive Plan Amendments, as necessary. 4. Attend public meetings, Local Planning Agency and/or Village Council meetings that are related to reviewing and adopting the special Planning Area Study and/or related Comprehensive Plan Amendments. Meeting attendance shall include LRM, INC. staff time necessary to prepare for said meetings. 5. Provide original copies of all. documentation prepared for or provided to this Agreement. • B. The VILLAGE shall: 1. Provide any and all VILLAGE data, records and information- and materials necessary for preparation and completion bf the work program as outlined in EXHIBIT "A" hereof. 2. Be responsible for reproduction of the necessary copies of the special Planning Area Study or related Comprehensive Plan Amendments. 3. Prepare and submit. for publication, all required public notices related to the legal advertising of the special Planning Area Study or related Comprehensive Plan Amendments. C. Comprehensive Planning Services. Comprehensive Planning Services to be provided by LRM, INC. • -2_ are specifically set forth in EXHIBIT "A", attached hereto. • ZII. COMPENSATION AND METHOD OF PAYMENT. A. LRM, INC. shall be compensated for preparation of the documents and performance of all duties set forth in the "Scope of Services" portion of this Agreement based on a chargeable rate of Sixty Dollars ($60.00) per man-hour, plus reimbursement for expenses incurred that are reasonable and necessary to completion of this work program. The persons who will perform the scope of services on behalf of LRM, INC. are set forth on EXHIBIT "A" attached. All persons on EXHIBIT "A" are planners and not such as secretaries or billing clerks. Reimburseable expenses shall include costs for: 1. Materials. • 2. Reproduction and copying. 3. Other out-of-pocket expenses as approved by the Village Manager. B. LRM, INC. shall invoice the VILLAGE on or before the 5th day of each month for services rendered by LRM, INC. during the previous month. All invoices shall include a breakdown of man-hours incurred and itemization of reimburseable expenses. Payments shall be received by LRM, INC. on or before the 15th of each month. C. Non-payment on or within the herein specified dates or time period shall, at the option of LRM, INC., result in the immediate ceasing of all remaining or continual services as set forth above and shall remain so until payment is received •by LRM, INC. -3- D. Notwithstanding anything above to the contrary, .compensation and expenses payable to LRM, INC. hereunder shall not exceed the total sum of twenty thousand ($20.000.00) dollars. If LRM, INC. has received compensation and expenses totalling $20,000.00, LRM, INC. shall complete its scope of services as set forth in this contract without additional compensation from the VILLAGE. IV. TIME OF PERFORMANCE. A. The effective date of this Agreement shall commence 27th day of MARCH 1997 and continue through final submittal and approval of the related Comprehensive Plan Amendments, if necessary, and all other requirements of Paragraphs IIA and IIC of this Agreement. •B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the VILLAGE to terminate the services of LRM, INC. at any time by providing at least two (2) weeks written notice stating the date of termination of services. If VILLAGE terminates the services of LRM, INC., VILLAGE shall pay consultant for services rendered to date of termination provided the total compensation under this Agreement does not exceed the sum of $20,000. V. GENERAL STATEMENTS. A. If the VILLAGE desires additional or continual assistance by LRM, INC., in furtherance of its planning, zoning or other related programs, LRM, INC, agrees to perform such .work on a chargeable rate of Sixty Dollars ($60.00) per man- -4- hour, plus defined reimburseable expenses. Paragraph IIID of • this Agreement shall not apply to the terms of this Paragraph VA. B. LRM, INC. shall be authorized under the terms of this Agreement to subcontract professional services if, and when, deemed necessary in the performance of the aforementioned work elements. LRM, INC. shall submit to the VILLAGE copies of all work product prepared pursuant to said subcontract for professional services. Tie costs of all such work so subcontracted shall be included in the compensation payable to LRM, INC. LRM, INC. shall forward invoices for such work that has been subcontracted, together with its regular monthly billings. - C. No modification or change of this Agreement • shill be valid or ,binding upon the parties, unless in writing and executed by the party'or parties to be bound thereby. D. in•.the event that any part, term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, the validity of the remaining portions and provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be so invalid. E. In the event of a breach of this Agreement requiring the services of attorneys, the prevailing party shall recover attorney's fees and costs, whether or not the matter • _5_ results in litigation and whether or not. litigation results ~n appeal. IN WITNESS WHEREOF, the VILLAGE OF NORTH PALM BEACH, FLORIDA, AND LRM, INC. have executed this Agreement on this day and year first above written. ATTEST: ...~.L. U~rlle- ILLAGE CLERK WITNESSES: •7~l ~evv. /o~ /~ r: VILLAGE OF NORTH PALM BEACH, FLORIDA By.~ r ~`~ MAYOR LAND RESEARCH MANAGE~ME~N~T, ~ INC. BY : .~Zrilee~c-~- JA S P. FLE SCHMANN, V e Presid nt -6- • EXHIBIT A WORK PROGRAM PREPARATION OF THE SPECIAL PLANNING AREA STUDY AND RELATED COMPREHENSIVE PLAN AMENDMENTS GENERAL STATEMENT: The services provided under this scope are oriented to: (1) Preparation of a Special Planning Area study; and (2) the preparation, and a finding of compliance by the Florida Department of Community Affairs, of a related Comprehensive Plan amendment based upon the results of the special Planning Area Study. I. GEOGRAPHICAL SCOPE OF THE STUDY: The "Study Area" for the special Planning Area Study shall include the following: (1) Village Planning Area 2, as defined on FIGURE 3-3 of the Future Land Use Element of the Village of North Palm Beach Comprehensive Plan; and (2) unincorporated areas of Palm Beach County within the area bounded by Lake Worth on the east, the Intracoastal Waterway on the south and west and PGA Boulevard on the north. II. SCOPE OF SERVICES: 1. Inventory current and planned land uses, including type, intensity and associated "green spaces" (i.e. setback's, landscaping, buffering, etc.). • 2. Review the current traffic circulation system, including the classification and function of Ellison Wilson Road, as well as proposed plans for improvements. Provide recommendations regarding the composition and function of the future traffic circulation system, including an analysis of the positive and negative impacts of maintaining U.S. Highway No. 1 and the Parker Bridge in their current states (i.e. 9-lane facilities) versus expansion to 6-lane facilities. 3. Inventory the status of environmental/natural resource assets of the area and prepare recommendations regarding opportunities to preserve, enhance or utilize them, as the area develops or redevelops. Identify specific strategies that should be included either in the Village's land development regulations or Capital Improvements Element, as appropriate. 9. Develop special design criteria and requirements to provide an independent, yet unifying character to the Study Area. Related recommendations shall include, at a minimum, specific recommendations for: Land use compatibility; landscaping; setbacks; buffers; and streetscapes; etc. 5. Identify opportunities for the Village to establish • a public presence on Lake Worth or the Intracoastal Waterway. A-1 6. Prepare final report, including recommendations for amendments to the Village's Comprehensive Plan. Comprehensive Plan related recommendations shall, at a minimum, include: (1) Revisions to Special Policy 5.2 of the Future Land Use Element; and (2) additional Special Policies related to addressing issues identified in TASKS 1 - 5. 7. Conduct public meetings (maximum of 5) to present study findings. An initial public meeting will be held to present the scope of the study, as well as a schedule for its completion. 8. Prepare proposed Comprehensive Plan amendments resulting from TASKS 1 -7. 9. Conduct public meetings and public hearings, per adopted public participation procedures and state requirements, with the Local Planning Agency (LPA) and Village Council and incorporate any comments generated into the final Draft Comprehensive Plan. 10. Submit Draft Comprehensive Plan amendments to FDCA. 11. Respond to Objections, Recommendations and Comments (ORC) report, if necessary and conduct public meetings and public Bearings, per adopted public participation procedures, with the LPA and Village Council to incorporate any Comments generated from the ORC report and adopt Comprehensive Plan amendments. 12. incorporate amendments within the format established by the 1990 Comprehensive Plan, III. SCHEDULE OF KEY PRESENTATIONS AND COMPLETION OF'WORK Per Paragraph II.A.1. of the attached Agreement, LRM, INC. shall prepare a detailed work program, including a schedule of related public meetings. However, TASKS 1 - 7 shall be completed within 18 weeks of the execution, by both parties, of the attached Agreement. III. PROJECT DELIVERABLES AND MAXIMUM FEES A description and schedule of project deliverables shall be prepared as part of Paragraph III, above. Total project cost is established in Paragraph III of the attached Agreement. IV. LRM, INC. STAFF AUTHORIZED TO CHARGE HOURS TO PROJECT 1. James. P. Fleischmann, Project Manager 2. Kevin G. McGinley, Planner C1 A-2