HomeMy WebLinkAboutDocumentation_Regular_Tab 09E_05/12/1994 ; ; VILLAGE OF TEQUESTA �
Post OfCice Box 3273 • 357 Tequesta Drive
t ' Tequcsta, Florida 33469-0273 •(40� 575-6200
' � � a Fax: (407) 575-6203
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:�iEI�TORANDUM
TO: Village Council
FROM: Thomas G. Bradford, Village Manager �
DATE: May 4, 1994
RE: Ordinance Amending Provisions Regardinq Development
Agreements; Agenda Item
Previously, Councilmember Liz Schauer requested that the Village
give consideration to the developer agreement format being proposed
by the Town of Jupiter for tne purpose of requiring residential
developers to use their best efforts to maintain and enhance a
racially balanced public school population. This relates to
Jupiter and Tequesta's Student Assignment Agreement with the�Palm
Beach County School Board.
The Finance and Administration Committee reviewed this matter at
their meeting on April 15, 1994. Zt was the recommendation of the
Committee that Tequesta not mandate the provision of such
development agreements for each proposed residential development,
but rather give Village Council the flexibility to implement
development agreements on a case by case basis, which may include
provisions to enhance and maintain a racially balanced school
population in accordance with our Student Assignment Agreement.
Additionally, it was noted that Tequesta's Development Agreement
Ordinance currently does not clearly grant to Tequesta the power to
impose a development agreement on a developer. Therefore, it was
an additional recommendation of the Committee that Tequesta's
Development Agreement Ordinance be amended to clearly grant the
Village Council the discretion to impose the use of developer
agreements. �
C; : � �7�, a (> ^�',
Villaqe Counc�il
May 4, 1994
Paqe 2
By adopting this Ordinance, the Village Council will give itself
the power to impose developer agreements in the future as needed
and to include efforts to enhance racial balance, if desired, on a
case by case basis.
_ � is recommendec that t:e Village Councii adopt this Ordinance
amending the provisions of the Tequesta Code of Ordinances relative
to developer agreements.
TGB/cm
JONES, FOSTER, JOHNSTON & STUBBS, P. A.
ATTOFiNEYS AND COUN�ELOfiB
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April 28, 1994 �"'�
Mr. Thomas G. Bradford
Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469
RE: Village of Tequesta/Development Agreements
Ordinance Amending Section 13.1-91 of the Code of Ordinances
Our File No. 13153.1
Dear Tom:
Pursuant to your letter of Apri1 19, 1994, I have prepared an
ordinance relating to the above referenced subject which attempts
to clarify that development agreements may be required by the
Village for proposed developments within the Village of Tequesta.
If you have any questions in regard to this matter, please do not
hesitate to contact me.
Sincerely,
JONES, ER, JOHNSTON & STUBBS, P.A.
.
ohn C. Randolph
JCR/ssm
Enclosure
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ORDINANC$ NO.
AN ORDINANCE OF THE VZLI,AGE COUNCIL OF THE
VILLP,GE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 13.1 OF THE VILLAGE
CODE OF ORDZNANCES RELATING TO PLANNING AND
DEVELOPMENT AT ARTICLE VI SO AS TO PROVIDE
THAT THE VILLAGE COUNCIL MAY REQUIRE
DEVELOPMENT AGREEMENTS FOR AP7Y PROPOSED
DEVELOPMENT WITHIN THE VILLAGE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES I:: CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTZVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 13.1, Article VI, of the Code of
Ordinances is hereby amended at Section 13.1-91 (i) to read as
follows:
"Sec. 13.1-91. Public hearinqs.
(1) [Requirement.] The village may require as a
condition of approval of any development considered by
the village council that a development agreement be
prepared and executed by the applicant for the
development. Before entering into, amending, or revoking
any development agr.eement for a development as defined in
the Comprehensive Plan of the Village of Tequesta, the
village•shall conduct two (2) public hearings."
Section 2. The remaining sections of Chapter 13.1, Article
VI, of the Code of Ordinances shall remain intact.
Section 3. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions ar applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 4. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
�ection 5. Codif ication. This Ordinance shall be codif ied
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 6. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law. �
u
THE FOREGOING ORDINANCE was offered - by Councilmember
, who moved its adoption. The Ordinance
was seconded by Counc lmember and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of , 1994.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
village Clerk
JCR\131530R0\DEVEL.AGR
2
' � VILLAGE OF TEQLJESTA
; � '
Post Office Box 3273 • 357 Tequesta Dnve
' ' Teques�a, Florida 33469-0273 • (407) 575-62U0
� � � Fax:(407)575-6203
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Apri� 19, 1994
John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs, P.A.
P.O. Box 3475
West Pa1m Beach, Florida 33402-3475
RE: Request for Ordinance Amendinq Section 13.1-91 of the Code of
Ordinances
Dear Skip:
The Finance and Administration Cammittee recommended that the
Tequesta Ordinance pertaining to Developer Agreements (Section
13.1-91 through 13.198) be amended so that it clearly grants the
Village �Council the authority to impose or require development
agreements on developers for their proposed projects. The
Ordinance, as currently written does not appear to grant the
Village Council the discretion to impose the use of the developer's
agreement. If you concur that this shortcoming exists, please
prepare an Ordinance that will amend the above referenced to give
the Council the desired power. Ideally, I would like the Village
Council to consider first reading of this Ordinance at their
meeting on May 12, 1994. Therefore, please transmit the requested
Ordinance to me by Thursday, May 5, 1994, so that it may be
included with the Village Council agenda packet for May 12.
Should you have any questions regarding this request, please
contact me.
Sincerely,
OtCTATED BUT N9T�R� TO
EXPEDITE. K
Thomas G. Eradford
Village Manager
TGB/krb
c: Village Council
' . VILLAGE OF TEQUESTA
:� � ,
� Post Offue Box 3273 • 357 Tequesta Dnve
��5�.'•_ Tcquesta. Flonda 33469-(1273 • (4071 575-6200
� � � Fax: (407) 575-6�03
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1�iE1�10RA.'�'DUI�i:
TO: Elizabeth Schauer, Village Councilmemimoer .
FROM: Thomas G. Bradford, Village Manager ^� ��
DATE: March 18, 1994
SUBJECT: Interlocal Agreement Relating to Student Assignment;
Developer's Agreements
Pursuant to your request at a recent Village Council Meeting, we
have reviewed the Interlocal Agreement adopted by Tequesta Relating
to Student Assignment. In this regard, attached hereto, please
f ind a copy of a recent memorandum from Joann Manganiello
discussing the same.
The Interlocal Agree�raent does not require Tequesta to have
developer's agreements or require racial composition provisions
within developer's agreements. However, the Interlocal Agreement
appears to contemplate the use of developer's agreements as an
important tool in reaching racial composition goals. Section 13.1-
91, through and including Section 13.198 of the Tequesta Code of
Ordinances, pertains to development agreements. Oddly, these
statutes do not state or imply that Tequesta can impose or require
development agre�ments on developers. The Village Council may wish
to consider modifying these statutes so that they have the power to
require development agreements.
The only applicable area for use of developer's agreements to
address racial composition appears to be within the Tequesta Center
as proposed by the Christopher Village Foundation. Again, however,
it does not appear that Tequesta has the power to require a
developer's agreement. Annexations and previously approved
residential developments would not apply since the remainder of
Tequesta and the residential areas within its reserve annexation
area are built-out and under the control of the property owners.
In conclusion, the Village Council may wish to amend its
development aqreement statutes in order to give the Villaqe Council
the clear authority to mandate developer's agreements. Whether or
not the Village should amend its development agreement statutes to
make reference to require the developer "to utilize its best
.. , , .,
Page �— -
efforts to achieve racia� balance as a cdndition of development
approval" is a policy decisior. to be made by t�:e Village Cour.cil.
In 'ieu of amending �he Ordinance to require �::e same, �cu could '
re�� on yourse�f and fut::re V�llage Co::ncilme.:,bers to re:-ember to
address racial composition of proposed developments if you �ake the
necessary s�eps now to enab�e the Village Cour.ci�_ to require
deve'opme:.* agreemen*s.
I would suggest that you bring this issue up under Any Other
Matters before the Village Council or alternatively, req�.:est that
I present the same to the Finance and Administration Committee to
have them recommend to the full Village Council any changes in this
regard. Please let me know your preference in this matter.
TGB/krb
c: Village Council, w/attachments
Scott D. Ladd, Building Official, w/attachments
John C. Randolph, Village Attorney, w�attachments
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210 MI{itary Traii � 7e 407/74&5134
Jupfter, Florida 33458 * * FAX 407/575-7785
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Dear North County Education Committee Member:
Please find attached the final version of the Developer's Agreeme�t. If you have any
questions or comments, please do not hesitate to contact me.
Since�ely,
TOWN OF JUPIT
I � ,/�,,
Eric Riel, Jr. ��'"' �
Planning and Zoning Administrator
ER:vr
Attachment: Developer's AgreemeM
�s�v�a.a�..a
OEVELOPER'S AGREEMENT
RELATING TO PUBUC SCHOOL AGEO POPULATION
THIS AGREEMENT �s made th�s _ day of , 1994, bv and between the TOWN OF JUPtTER.
a Florida mun�c�pal corporation of the State of Flor�da ihere�nafter referred ;o as the "TOWN"), and
, there�nafter referred to as the "DEVELOPER"1.
WITNESSETH:
WHEREAS, the TOWN has declared its comm�tment to affordable hous�ng or,d �ntegrat�on and des�res
to ma�rta�n ard enhance a racially balanced pubuc school population �Nith�r. the TOWN: and
WHEREAS, on January 28, 1992, the TO`�'JN enterec :nto an Interlocai Agreemert rela;mg to student
assignment with the School Board; and
WHEREAS. the TOWN has reviewed the proposed development of the pro�ect to ensure that it is in
accordance with applicable TOWN codes and ordinances; and
WHEREAS, The TOWN and DEVELOPER desire to enter into this Agreement, consistent with the
provisions of the Interiocal Agreement, so as to further the commitments of the TOWN and the
DEVELOPER to maintain integration and to maintain and enhance a racially balanced public school
population in the TOWN as a whole, and within that residential area subject to the te�ms of this
Agreement; and
WHEREAS, the Interlocal Agreement, and this Agreement, are entered into in furtherance of the goals,
objectives, and policies pursuant to Chapter 163, Florida Statutes, and is in furtherance of the
provisions of Chapter 27, Zoning, the Town Code of Ordinances, and is within and authorized by the
constitutional and statutory powers of the TOWN;
WHEREAS, DEVELOPER is the owner of a of fand (hereinaher referred to as the "PROPERTY"), which
is more particularly shown in Figure "1" and described in Exhibit "B" 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. TOWN
and DEVELOPER agree:
Section 1: PURPOSE AND SCOPE
The pu�pose of this Agreement is to provide terms and conditions under which DEVELOPER
will provide assurances to the TOWN that DEVELOPER will use its best efforts to maintain and enhance
a racially balanced public school populatian, within the residential development subject to this
Agreement, so as to further the goals, objectives, and policies of the Town Comprehe�sive Plan, as
amended, so as to further the purpose and scope of the Interlocal Agreement Relatir�g to Student
Assignment, attached hereto as Exhibit "A".
Section 2; DEVELOPER COMMITMENTS
DEVELOPER agrees to utilize its best effons to provide for a racia! balance in the public school
populatian anticipated to reside DEVELOPER'S residenti� develapment, said development as mare
specifically described in Exhibit 'B', attached hereto and incorporated herein b�/ this referencs. For
the purposes of this AgreemeM, 'racially balanced puWic school poputatian' shatl mean a public school
age population of a racial makeup which meets the public school population raaal badance guidetines
promulgated by the school disuict.
Develops�'s Agnsment
Pags 2 0! 7
a. Rac�al Baiance. DEVEIOPER agrees to uUlize his/her best efforts to explore and utilize the
followmg methods to ach�eve a school population wh�ch shall be raciatly balanced. As a
mmimum, the followmg shall be completed:
t. The DEVELOPER shall not�fy as a m�n�mum the follow�ng ma�or area employers and
tocal avic organ�zations about th�s housing opportun�r� *,o ach�eve raaal balance within
*.he Town of Juprter.
Adelphia Cable
Flonda Atlantic University Staff
Florida Power & Light
tndian River Water Control District
Jupiter Medical Center
Jupiter/Tequesta Association of Realtors
Jupiter�Tequesta/Juno Chamber of Commerce
Marquette Electronics
Municipal Governments incfuding Tequesta, Palm Beach Gardens,
and the Town of Jupiter
Palm Beach/Treasure Coast AFWCIO
Palm Beach County School Boa�d
Palm Beach County Government Staff
Palm Beach Gardens 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 Dist�ict (Main Office)
Suncoasi Chamber of Comme�ce
Z. In addition to the above, the DEVELOPER may advertise at a minimum in the following
newspape�s and media pubfications which may have a large Af�o-American readership
indicating the potential housing opportunity within the Town of Jupiter: .
&oward Times ,
Miami Times
Suncoast Chamber of Commerce Pudlication
Church bulletin boards that have a large minority congregation
3. Dependent on the advenising median chosen all advertising shail include as a minimum
the foilowing u�til all residential units are sold:
a. Written Advertisements:
1. 'The advertisement shall as a minimum indude the following:
a) Typewritten statement legibly written indicating the following:
Developer's Agn�nt
' Page 3 of 7
"We are pledged to ut+l�ze our best efforts to ach�eve,
maintain and enhance ethn�c divers�ty �n our
community."
p) The type stv�e shall be of tne same type style as the
advertisement and shall be a m�nimum of 10 point in s�ze.
2. If it �s the des�re of the developer to dep�c*. �umans w�thin the ad as a
photograph, such ad shall depict Afro-Amer�cans.
b. RadioiBroadcast Advertisements:
1. The announcer shall as a minimum include the following in all radio
announcements advertising the proposed residential developmenr.
"We are pledged to utilize our best efforts to achieve, maintain
and enhance ethnic diversity in our community."
c. Televised Advertisements:
1. The announcer shall as a minimum include the following in all television
announcements advertising the praposed residential development:
"We are pledged to utilize our best efforts to achieve, maintain
and enhance ethnic diversity in our community."
2. If it is the desire of the developer to depict humans within the
television advertisement, the advertisement shall depict Afro-
Americans.
4. Proof of advertising as required as a part of this Agreement shall be forwarded to the
foltowing:
AS TO THE TOWN:
Department of Community Development
Town of Jupiter
210 Mititary Trail
Jupiter, Florida 33458
AS TO THE NORTH COUNTY EDUCATION C�MMITTEE:
Chai�person
Nonh County Educatio� Committee
� 7own of Jupiter �
210 Mititary Trail '
Jupiter, Florida 33458
Devslope�'s AgrNment
Page 4 ot 7 '
Section 3. EFFECTIVE DATE AND TERM OF AGREEMENT ,
Th�s Agreement r��il become effective upon the date of last execut�on by the part�es hereto.
The Ae�reement shall rema�n m effect unt�l all residential units are soid.
Section 4 . FAILURE TO PERFORM IN GOOD FAITH
Should DEVELOPER faii to perform the terms of th�s Agreeme^t �^� good fa�th, then the TOWN
shall not issue any development permits, including but not limited to the following permits, bu�lding
perm�ts, vegetation removal permits, occ�pational licenses, etc. for the residential property subject to
th�s Agreement.
Section 5. TERMINATION
This Agreement shall terminate automatically if the Development Order issued by the TOWN
for the property described in Exhibit "B" lapses, expires, terminates, or is revoked, and is not renewed
or reinstated by the TOWN.
Section 6. QUARTERLY REPORT
The DEVELOPER shall, every 3 months until all residential units area sold, provide the
Department of Community Development the following items to demonstrate the Developer's good faith
compliance with the terms and provisions of this Agreement. As a minimum, this shall include:
a. Copylies) of the advertisementls) or verification of the advertisement (if television or
radio was utilized).
b. Frequency the advertisement(s) occurred.
c. Names of the publication(sl the advertisement occurred.
Section 7. INDEMNI'TY �
Should the �ights of either party to enter into and perform under this Agreement be chailenged
in any law suit, arbitration or administration proceedings (the 'legal proceedings") and the TOWN
and/or the DEVELOPER is made a party thereto, o�, the TOWN'S or the DEVELOPER'S right to perform
under this Agreement or benefit to be derived by the TOWN or �EVELOPER from this Agreement be
made subject to or effected by such legal proceedings, then the TOWN and the DEVELOPER hereby
agree to bear their own costs, of whatsoever nature, incuned as a �esult of any of the foregoing
events. Initiation of legal p�oceedings may effect the school boundary assignments of the public
school population residing in the TOWN, and of the public school population �esiding in the subject
property, made pursuant to this Agreement and the Inte�local Agreeme�t, should a coun of competent
jurisdiction invalidate, modify, or in any materiat way alter this Agreement or the Inte�local Agreement.
If such action is taken by a Court, the TOWN and DEVEIOPER are released from their obligations as
stated he�ein.
aveloper's Agroems�t
Page 5 of 7
Section 8 . GOVERNING LAW
Th�s Agreement and tr�e r�ghts and obligations created �ereurCer shall be interpreted, construeC
;�� enforced m accordance wrth the laws of the Urnted Siates and Fio��aa. Th�s Agreement shali not
c? construed against the party who drafted it. Both parues have consuitants, experts, and;or attcrneys
.`: their choosmg. In afl litigation brought in connection w�th th�s Agreement, venue shall lay in Palm
Beach County, Flonda, and the prevailing parUes shall be enUtled court costs and reasonabte attorneys
`ees.
Section 9 . WAIVER
No consent or waiver, express or implied, by any party to or of any breach of 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 ottier breach or default in the performance by such other party of the
same or any other obligation of such party hereunder. Failure on the part of any party to complain of
any act or failure to act of any of the other party or to declare the other parry in default, regardless
of how long such failure continues, shall not constitute a waiver by such part of its rights hereu�der.
Section 10 . 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
g�eatest extent permitted by law.
Section t 1. FURTHER ASSURANCES
Each party shall perform all othe� acts and execute and deliver all other documents as may be
reasonabiy necessary to carry out the intent and purposes of this Agreement.
Section 12. ENTIRE AGREEMENT
This Agreemeni contains the entire Agreement between the parties. No �ight, duties or
obiigations of the parties shall be created unless specifically set forth in the Agreement. No
amendments or modifications of this Agreement will be bi�ding and valid unless made in writing and
executed and approved by both parties. •
Section 13. BINDING AGREEMENT
This Agreement shall inure to the benefits of and shall bind the parties, their heirs, successors
or assigns. '
Section 14. ACCEPTANCE
This Agreement must be accepted by the parties hereto and fully executed.
Dsveloper'a Agreeme�t ,
Page 6 oi 7
Section 15 NOTICE
Any r.ot�ce requ�red under ih+s Agreement shall be forwarded to the `oilow�ng:
AS TO THE DEVEI.OPER:
AS TO THE TOWN:
Department of Community Development
Town of Jupiter
210 Military Trail
Jupiter, Florida 33458
AS TO THE NORTH COUNTY EDUCATION COMMITTEE:
Chairperson
North County Education Committee
Town of Jupiter
210 Military Trail
Jupiter, Florida 33458 .
IN WITNESS WHEREOF. the Parties have set the+r hands and seals as of this day of
, 1994.
ATTEST: THE TOWN OF JUPITER, FLORIDA
Sally M. Boylan, Town Clerk Karen J. Golonka, Mayor
ATTEST:
� BY:
WITNESS
TITLE:
CORPORATE SEAL
Oevsloper's Agreement
Page 7 ot 7
STATE OF FLORIDA
COUNTY OF PALM BEACH
The `orego+^g ��strument was acknowiedged before me th�s day of
1994, by , as of a Delaware
Corporation on behalf of the Corporat�on, who nas produced , as �dentificat�on and
who d�d not take an oath.
Notary Pubfic
State of Flonda at Large
Name Printed:
My Commission Expires:
Serial Number, if any:
STATE OF F40RIDA �
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this da of the TOWN OF JUPITER who
1994, by , as
has produced , as identification and who did not take an oath.
Notary Public
State of Florida at Large
Name Printed:
My Commission Expires:
Serial Number, if any:
Attachments:
Exhibit "A' - Inte�local Agreement Reiadng to Student Assignment
Exhibit "8" - Devefopment Site Pfan
�.�.ka«v�+�n� i v+o.��a«.bor..w
.
§ 13.1-81 PLANNING AAID DEVELOPMENT 4 13.1•91
(c) Violations of this article punishable by civil fine pursuant
to Chapter 163, Florida Statutes, ahall be referred to the code
en£orcement board.
(d) All monies collected pursuant to this article shall be depos-
ited in the general fund of the village.
�:e) Repeat violations of this section may be cause for water
service disconnection by the villag�e. (Ord. No. 436, § 6, 6•18-92>
State law reference—Penalties, F.S. Chapter 163.
Secs. 13.1-$2-13.1-90. Reserved.
ARTICLE VI. DEVELOPMENT AGREEMENTS
Sec. 13.1-91. Public hearings.
(1) [R,equirement.] Before entering into, amending, or revoking
any development agreement for a development as defined in the
Comprehensive Plan of the V'illage of Tequesta, the village shall
conduct two (2) public hearings.
(2) [Notice of inten�]
(1) Notice of intent to consider a development agreement shall
be advertised seven i'n days before each public hearing in
a newspaPe�' of S�eneral circulation and be mailed before �
� the first public hearing to all affected property owners that
reside within the villag�e wit�hin three hundred (300) feet of
the properl,y snbject to the applicatioa The day, time, and
place at whicli the second public hearing will be held shall
be announced at Lhe first public hearing. All advertising
costs as provided herein shall be borne by the applicant.
(b) The notice shall specify the location of the land subjeet to
the development agreement, the development uses pra
posed on the property, the proposed population densities,
and the proposed building intensities and shall specify a
place where a copy of the prnposed agreement can be' ob-
tained. (Ord. No. 425. $ 1, 9-4-92)
Supp. Na R2 813
'
,
J
4 13.1•92 TEQUE9TA CODE f 13.1•92
Sec. 13.1-92. Requirements.
(1) A development agreement aubmitted to the village for con-
sideration shall include the follovving.
�a� A legal description of the land subject to the de�•elopment
agreement and the names of its legal and equitable owners.
�b1 The duration of the development agreement.
(c) The development uses permitted on the land, including
population densities, building intensities and height.
(d) A description of public facilities that will service the de-
velopment, including who will provide such facilities, the
date any new fscilities, if needed, will be constructed, and
� a schedule to assure that public facilities are available con-
current with the impacta of development.
(e) A description of any reservation or dedication of land for
public purposes on the property subject to the development
agreement.
(fl A description of all approved development permits or per-
mits which need to be approved for the development of the
lands.
(g) A finding that the development permitteci or proposed is
consistent with the Comprehensive Plan and Land Devel-
opment Regulations of the V�71age of Tequesta
(h) A description of any conditions, terma, r�strictiona or other
requirements determined to be necessery by the v�lag�e for '
the public healtb, safety or wei�are of ita citizens. i
(i) A statement indicating that the failure of the development
agreement to address a particular permit, condition, term
or restriction shall not relieve the developer of the neces-
sity of complying with any law governing said permitting
requirements, conditions, tersns or restrictions.
(2) The villa�e may require that a development agreement pra
vide that the entire developmeat or aay phase thereof be com-
menced or completed within a specified period of time.
(3) Consideration of a developmeat agr�emeat bY t�e village
shall not in any way be �dered as consideration of an appli- �
Supp. Na 22 814
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S 13.1•92 PLANNING AND DEVELOP!�fE:�IT 4 13.1•95
cation to amend the comprehensive plan of the village. (Ord. No.
425, § 2, 9-4-92)
Sec. 13.1-93. Duration.
The duration of a development agreement shall not exceed f ve
� 51 years, and may be extended by the mutual consent of the
parties subject to the public hearing requirements as set forth in
section 13.1-91. (Ord. No. 425, � 3, 9-4-92)
Sec. 13.1-94. Consistency and periodic review. �
�
(1) A development agreement and authorized development shall �
be consistent with the Comprehensive Plan and Land Develop- �
ment Regulations of the Village of Tequesta. �
- i2) The village shall review the land subject to the develop-
ment agreement at least once every twelve (12) months to deter-
mine whether there has been good faith compliance with the terms
of the development sgreemen� If the village finds on the basis of
substantial competent evidence there has been a failure to comply �
with the terms of the development agreement, the agreement �
may be revoked or mo�ed hy the villag�e pursuant to a public
hearing as set forth in Section 13.1•91. (Ord. No. 425, § 4, 9-4-92)
Sec. 13.1-95. Law governing.
(1) The development of the land shall be governed by the Vil-
lage of Tequesta Code of Ordinances in e,ristence at the time of
the eaecution of the development agreement and all applicable
state and federal laws.
(2) The village may agply subsequently adopted laws and pol-
icies to a development that is subject to a development agreement
if the village has held a public hearing and determined: �
(a) The subsequent laws or policies are not in conflict with the �
laws and policies in e�astence at the time of execution of �
: the developmeat agreement and do not prevent develop�
ment of the land uses, intensities or densities in the devel-
� opment agreement; or �
' Snpp. Na Z2 815
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6 13.1�95 TEQUESTA CODE 4 13 1•98
�b) The subsequent laws or policies are essential to the public
health, safety or welfare and e�cpressly state that they shall
apply to the development that is subject tu de��cloprr.ent
a�reement; or
ic � The subsequent laws or policies aze specifically anticipated
and provided for in the development agreement; or
!di The village demonstrates that substantial cF.anges have
occurred in pertinent conditions existing at the time of
approval of' the development agreement; or.
(e) The development agreement is based on substantially in-
accurate information supplied by the developer. (Ord. No.
425, § 5, 9-4-92)
Sea 13.1-96. Amendment or cancellation. r
The development agreement may be amended or cancelled by �
the mutual consent of the parties to the development agreement � #
or by their successors or assigns. (Ord. No. 425, § 6, 9-4•92) �. t
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Sec. 13.1•97. R.ecording of a development agreement. �
Within fourteen (14) days after the village enters into a devel- �
opment agreement, the village shall record the agreement with '
the Clerk of the Circuit Court in Palm Beach County, Florida. A 1 _
copy of the recorded development agreement shall be submitted
to the state land planning agency within fourteen (14) days aRer
the agreement is recorded. The provisions of the development
� agreement shall be binding npon and the benefits of the agree-
ment shall inure to all sucoessors in intereats to the parties to the
agreement. (Ord. No. 425, $ 7, 9-4-92)
Sec. 13.1•98. Modification or revocation. �
If state or federal laws aze enacted after the execution of a
development agreement which are spplicable to preclude the paz- �
ties' compliance with Lhe terms of the development agreement,
such agreement shall be modified or revoked as is necessary to #
comply with the relevant state or federal laws. (Ord. No. 425, $ 8,
L 9-4-92) .
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� Supp. No. 22 816
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