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HomeMy WebLinkAboutResolution_17-94/95_04/13/1995 i RESOLUTION NO. 17 - 94/95 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A FORMAT RELATING TO PUBLIC SCHOOL AGED POPULATION AGREEMENTS TO BE UTILIZED WHEN THE VILLAGE COUNCIL APPROVES A RESIDENTIAL PROJECT. WHEREAS, the Village Council, as the governing body of the Village of Tequesta, pursuant to the authority vested in Chapter 163 and Chapter 125, Florida Statutes, is authorized and empowered to consider petitions relating to zoning; and WHEREAS, the Village Council approved on January 28, 1992, an Interlocal Agreement with the Town of Jupiter, Palm Beach County and the Palm Beach County School District related to student assignment; and WHEREAS, the Interlocal Agreement related to student assignment included all portions of the Village of Tequesta; and WHEREAS, the area included within the Interlocal Agreement includes all areas of Tequesta subject to the planning and zoning authority of the Village Council; and Il WHEREAS, the Village Council is supportive of efforts to create racially and ethnically diverse residential communities; and WHEREAS, the Village of Tequesta is committed to public school integration and racially balanced public school population and communities and will continue to work for and support these goals; and WHEREAS, the Village Council desires that developers, in accordance with the Interlocal Agreement, disseminate to minority home buyers information regarding housing I opportunities within the Village of Tequesta. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The "Public School Aged Population Agreement" for residential developments which are anticipated to generate students that will attend public schools attached as Exhibit "A" is hereby approved. Section 2. The Department of Community Development is directed to include execution of the Public School Aged Population Agreement as a condition of the development approval for all residential projects approved by the • Village Council. Section 3 . The Department of Community Development shall be • responsible for monitoring compliance with the terms of these agreements. Section 4. If the Department of Community Development determines there is a failure to comply with the terms of any Public School Aged Population Agreement, this information shall be provided to the Village Council. Consistent with the terms of these Agreements, the Village Council may direct that building or other development permits may not be issued for the affected project. Section 5. The Village Council may waive the requirement for execution of the these agreements for good and sufficient cause, including but not limited to, the items indicated below: �I• Proof of evidence the residential project will not generate students to attend public schools; • the number of residential dwelling units will generate a minimal number of potential public school students; • the Palm Beach County School District requests that the developer's agreement not be executed; or • the residential dwelling units to be constructed are "affordable housing" as defined by the Tequesta Comprehensive Development Plan. • Section 6. This Resolution shall take effect immediately upon adoption. THE FOREGOING RESOLUTION was offered by Councilmember Hansen , who moved its adoption. The motion was seconded by Councilmember Schauer , and upon being put to a vote, the vote was as follows: Joseph N. Capretta Ron T. Mackail Elizabeth Schauer Carl C. Hansen The Mayor thereupon declared the Resolution duly passed and adopted this 13th day of April, 1995. I MAYOR OF TEQUESTA A:i. Ron T. Mackail i ATTE"§Ir I Joann Manganiell Village Clerk • • "EXHIBIT A" PUBLIC SCHOOL AGED POPULATION AGREEMENT THIS AGREEMENT is made this day of , 1995, by and between the Village of Tequesta, Florida (hereinafter referred to as the "VILLAGE "), (a Corporation, whose address is 357 Tequesta Drive), its successors and assigns (hereinafter referred to as the "DEVELOPER "). WITNESSETH: WHEREAS, on January 28, 1992, the VILLAGE entered into an Interlocal Agreement relating to student assignment with the School Board; and WHEREAS, as the VILLAGE has declared its commitment to public school integration and desires to maintain and enhance a racially balanced public school population within the Village of Tequesta. WHEREAS, the VILLAGE has reviewed the proposed development of the (name of project) project to ensure that it is in accordance with the VILLAGE'S comprehensive plan; and WHEREAS, DEVELOPER desires to enter into this Agreement, consistent with the provisions of the VILLAGE'S Interlocal Agreement with the School Board, evidencing a commitment by the DEVELOPER to strive for a racially balanced public school population in the northern portion of PALM BEACH COUNTY and within that residential area subject to the DEVELOPER'S control pursuant to this Agreement; and WHEREAS, DEVELOPER is the owner of a parcel of land (hereinafter referred to as the "PROPERTY "), which is more particularly shown in Figure "1" and described in Exhibit "A" attached hereto; NOW, THEREFORE, in consideration of the mutual covenants contained herein as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the VILLAGE and DEVELOPER, its successors and assigns agree: • Section 1: PURPOSE AND SCOPE The purpose of this Agreement is to provide terms and conditions under which DEVELOPER assures to the VILLAGE that DEVELOPER will use its best efforts to achieve and maintain a racially balanced public school population, within the residential development subject to this Agreement, so as to further the purpose and scope of the Interlocal Agreement a copy of which is attached hereto as Exhibit "B" and is hereby incorporated herein by reference. Section 2: DEVELOPER COMMITMENTS DEVELOPER agrees to utilize its best efforts to provide for a racial balance in the public school population anticipated to reside in DEVELOPER'S residential development, said development as more specifically described in Exhibit "A ", attached hereto and incorporated herein by this reference. For the purposes of this Agreement, "racially balanced public school population" shall mean a public school age population of a racial makeup which meets the public school population racial guidelines promulgated by the school district, as provided in Section 2.03 of the interlocal agreement adopted by the VILLAGE. Racial Balance DEVELOPER agrees to utilize the following methods to achieve a school population which shall be racially balanced. As a minim the following shall be completed by DEVELOPER: 1. The DEVELOPER shall notify the following major area employers and local civic organizations about its proposed development within the northern portion of the County: Adelphia Cable Florida Atlantic University Staff Florida Power & Light Headquarters South Indian River Water Control District Jupiter Medical Center Jupiter /Tequesta Association of Realtors Jupiter /Tequesta/Juno Chamber of Commerce Marquette Electronics Palm Beach/Treasure Coast AFL /CIO Pahn Beach County School Board Palm Beach County Government Staff Palm Beach County Community College Phillips Components Pratt Whitney Southern Bell State of Florida (Palm Beach County/West Palm Beach Offices) U. S. Government (Palm Beach County /West Palm Beach Offices) VA Hospital South Florida Water Management District (Main Office) Suncoast Chamber of Commerce Notification of major area employers shall occur within one year following the date of VILLAGE approval of the residential development. 2. In addition to the above, the DEVELOPER shall advertise in all of the following newspapers and publications indicating the potential housing opportunity within the Village: • Broward Times Florida Photo News Miami Times Palm Beach Gazette Suncoast Chamber of Commerce Publication Required advertising shall occur at least once every six months following VILLAGE approval. 3. Dependent on the advertising media chosen all advertising shall include as a minimum the following until all residential units are sold: a. Written Advertisements: 1. The advertisement shall include the following statement: "We are pledged to utilize our best efforts to achieve, maintain and enhance ethnic diversity in our community." • 2. If the developer depicts humans within the ad, such ad shall include African- Americans. • b. If radio advertisements are utilized, the announcement shall as a minimum include the following in all radio announcements advertising the proposed residential development: "We are pledged to utilize our best efforts to achieve, maintain and enhance ethnic diversity in our community." C. If televised advertisements are utilized, the announcement shall as a minim include the following in all television announcements advertising the proposed residential development: "We are pledged to utilize our best efforts to achieve, maintain and enhance ethnic diversity in our community." • If the developer depicts humans within the television advertisement, the advertisement shall include African- Americans. Section 3. EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement will become effective upon the date of last execution by the parties hereto. The Agreement shall remain in effect until all residential units within the project are sold. Section 4. FAILURE TO PERFORM IN GOOD FAITH DEVELOPER acknowledges that this Agreement is an express condition of its development approval from the VILLAGE. DEVELOPER further acknowledges that pursuant to Florida Statutes Chapter 235, its ability to proceed with development is, in part, predicated upon the School Board's ability to provide school facilities. Accordingly, should DEVELOPER fail to perform the terms of this Agreement in good faith, then the VILLAGE shall withhold all applicable development permits, including building permits and vegetation removal permits, for the residential property subject to this Agreement until compliance is demonstrated. • Section 5. APPLICABILITY The provisions of this section shall apply to any residential project approved by the Village Council. For the purpose of this agreement, the term "residential project" shall include any application for subdivision plat approval, or planned residential development approval. Section 6. MONITORING The responsibility for monitoring compliance with the provisions of this agreement shall be the responsibility of the Department of Community Development. Section 7. TERMINATION This Agreement shall terminate automatically if the Development Order issued by the VILLAGE for the property described in Exhibit "C' lapses, expires, terminates, or is revoked, and is not renewed or reinstated by the VILLAGE. Section 8. QUARTERLY REPORT The DEVELOPER shall, every three (3) months until all residential units are sold, provide the Department of Community Development the following items to demonstrate the Developer's good faith compliance with the terms and provision of this Agreement. As a minim this shall include: a. Copy(ies) of the advertisement(s) or verification of the advertisement (if television or radio was utilized). b. Frequency the advertisement(s) occurred. C. Names of the media where the advertisement occurred. Proof of advertising and employer notification is required as a part of this Agreement and shall be forwarded to: DEPARTMENT OF COMMUNITY DEVELOPMENT c/o Building Official • P.O. Box 3273 Tequesta, Florida 33469 • The initial quarterly report shall be filed not later than six months following VILLAGE COUNCIL approval of the petition. Section 9. INDEMNITY Should the rights of either party to enter into and perform under this Agreement be challenged in any law suit, arbitration or administration proceedings (the "legal proceedings ") and the VILLAGE and/or the DEVELOPER is made a party thereto, or, the VILLAGE'S or the DEVELOPER'S right to perform under this Agreement or benefit to be derived by the VILLAGE or DEVELOPER from this Agreement be made subject to or effected by such legal proceedings, the VILLAGE and the DEVELOPER hereby agree to bear their own costs and attorney fees, of whatsoever nature, incurred as a result of any of the foregoing events. Should a court of competent jurisdiction invalidate, modify, or in any material way alter this Agreement or the Interlocal Agreement, it may effect the school boundary assignments of the public school population residing in the VILLAGE, and of the public school population residing in the property, which is subject to this Agreement and the Interlocal Agreement. If such action is taken by a Court, the VILLAGE and DEVELOPER are released from their obligations as stated herein. Section 10. GOVERNING LAW The Agreement and the rights and obligations created hereunder shall be interpreted, construed and enforced in accordance with the laws of the United States and Florida. This Agreement shall not be construed against the party who drafted it since both parties have consultants, experts, and/or attorneys of their choosing who have jointly participated in the drafting of this Agreement. In all litigation brought in connection with this Agreement, venue shall lay in Palm Beach County, Florida. Section 11 WAIVER No consent or waiver, express or implied, by any party to or of any breach or default by the other in performance by the other of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligation of such parry hereunder. Failure on the part of any party to complain of any act or failure to act or to declare the other party in default, regardless of how long such failure • continues, shall not constitute a waiver by such parry of its rights hereunder. • Section 12. SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected hereby and shall be enforced to the greatest extent permitted by law. Section 13 . FURTHER ASSURANCES Each party shall perform all other acts and execute and deliver all other documents as may be reasonably necessary to carry out the intent and purposes of this Agreement. Section 14 . ENTIRE AGREEMENT This Agreement contains the entire Agreement between the parties. No right, duties or obligations of the parties shall be created unless specifically set forth in the Agreement. No amendments or modifications of this Agreement will be binding and valid unless made in writing and executed and approved by both parties. Section 15. BINDING AGREEMENT This Agreement shall inure to the benefit of and shall bind the parties, their heirs, successors and assigns. Section 16. ACCEPTANCE This Agreement shall be accepted by the parties hereto upon its full execution. Section 17. NOTICE Any notice required under this Agreement shall be forwarded to thefollowing: AS TO THE DEVELOPER: Department of Community Development c/o Building Official P.O. Box 3273 Tequesta, Florida 33469 IN WITNESS WHEREOF, the parties hereto have duly executed this Contract the day and year first above written. ATTEST: VILLAGE OF TEQUESTA BY: BY: Village Clerk Mayor WITNESS: BY: (Signature) Company Name (Signature) Title: And Authorized Agent APPROVED AS TO FORM AND (CORPORATE SEAL) LEGAL SUFFICIENCY Village Attorney