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HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 07_04/15/1994 �'� VILLAGE OF TEQUESTA � Post Office Box 3273 • 3S7 Toque�a Drive �.'•_ � Tcqucsta, Florid:� 334t,9-0273 • (407) 575-6200 ' � � Fax:(407)575-6203 s o 1� �� �OM. couM`� 1�IE1�iORANDUM: TO: Elizabeth Schauer, Village Councilmember FROM: Thomas G. Bradford, Village Manager �y DATE: March 18, 1994 SUSJECT: Interlocal Agreement Relating to Student Assignment; Developer's Aqreements Pursuant to your request at a recent Village Council Meeting, we have reviewed the Inte=local Agreement adopted by Tequesta Relating to Student Assignment. In this regard, attached hereto, please find a copy of a recent memorandum from ,7oann Manganiello discussing the same. The Interlocal Agreement 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 agreements 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 appip since the remainder of Tequesta and the residential areas within its reserve anhexation area are built-out and under the control of the property owners. � In conclusion, the Village Council may wish to amend its development agreement statutes in order to qive the Village Council the clear authority to mandate developer's agreements. Wh�ther or not the Village should amend its development agreement statutes to make reference to require the developer "to utilize its best �•... r f n;..:. Page 2— efforts to achieve racial balance as a condition of development approval" is a policy decision to be made by the Village Council. In lieu of amending the Ordinance to require the same, iou could rely on yourself and future Village Councilmembers to re�ember to address racial composition of proposed developments if you �ake the necessary steps now to enable the Village Council to require development agreements. I would suggest that you bring this issue up under Any Other Matters before the Village Council or alternatively, reqLest that I present the same to the Finance and Administration Committee to have them recommend to the ful� 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 . � o �v . ' �� �� 210 M1litary Trsfl 1� 70 407/746-5134 Jupiter, Florfda 33458 # # FAX �07/575-7785 . ::.�i■ � - ��t+ ! lpR�O , , Town of Jupiter � �� � „ � �% '��Ltac� c� >� _ r n; �r�T _,. :.v�.i._.,..�t ��� � ~ 1 � PI . (�..._ �� i� �' : :��r'.� rVi April 5, 1994 ' " ' „' ' �.' ' ���� ��J� l.i Gi •' � c � ��' . :;l=,:� .- : 'i ' . �� `f7j -_��;. 1 ��� , Dear North County Education Committee Member: Please find attached the final version of the Developer's Agresment. If you have any questions or comments, piease do not hesitate to contact me. Sincerety, TOWN OF JUPIT 1 i ,fy, Eric Riel, Jr. � Planning and Zoning Administ�ator ER:vr Attachment: Developer's Agreeme�rt �.�a.�.�n«�a�v�.�+�..�. OEVELOPEA'S AGREEMENT RELATINQ TO PUBLIC SCHOOL AGED POPULATION THIS AGREEMENT is made this _ day of , 1994, by and between the TOWN OF JUPITER, a Fio�ida murnc�pal corpo�ation of the State of Florida (hereinafter referrea :o as the "TOWN"l, and , (hereinafter referred to as the "DEVELOPER"1. WITNESSETH: WHEREAS, the TOWN has declared its commitment to affordable housing ard integration and desires to maintain and enhance a racially balanced public school population with�n the TOWN; and WHEREAS, on January 28, 1992, the TOWN entered into an Interioca� Agreement relat�ng 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 appticable TOWN codes and ordinances; and WHEREAS. The TOWN and DEVELOPER desire to enter into this Ag�reement, consistent with the provisions of the Interlocal Agreement, so as to further the commitments of the TOWN and the DEVELOPER to maintain +ntegration 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 terms of this Agreement; and WHEREAS, the Interlocal Agreement, and this Agreement, are entered into m furtherance of tl�te 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 land (hereinafter 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 sre hereby acknowledged, ths TOWN and DEVELOPER agree: Sectian 1 : PURPOSE AND SCOPE The purpose of this Agreement is to provide terms and conditions under which DEVELOPER wi11 provide assurances to the TOWN that DEVELOPER will use its best efforts to maintain and enfiance a racially balanced pubtic school population, within the residential development subject to this Agreement, so as to further the goals, objectives, and policies of the Tovm Comprehe�rsive Plan, as amended, so as Lo further the purpose and scope of the Interlocal Agreement Relating to Student Assignment, attached hereto as Exhibit "A'. Section 2 : DEVELOPER COMMITMENTS DEV0.0PER agre� to utillze its best efforts to provide for a racial batance in the pub�CC school population antidpated to reside in DEVELOPER'S residential developmen� said devetopment as m�e specfica{ty descxibed in Exhibit 'B'. attad�ed h�eto and irtcorpo�ated here�n by this referenae. For the purposes of this Agreement, "racially balanced public schaol population' sh�tl mean a pub�c schoal age population of a racial makeup which meets the public school population racial balance guidelines promulgated by the school district. D�vNope�'s Agr�sment Page 2 of 7 a. Racial 6alance. DEVELOPER agrees to utdize hislher best efforts to explore and utdize the follow�ng methods to achieve a school population which shall be racially balanced. As a m�nimum, the following shall be completed: 1. The OEVELOPER shai! notify as a minimum the follow�ng ma�or area employers and local civic organizations abaut this housing opportunity to achieve racial balance within the Town of Jupiter: Adetphia Cable Florida Atlantic University Staff Florida Power & Light lndian River Waier Control District � Jupiter Medical Center Jupiter/Tequesta Association of Realtors Jupiter/Tequesta/Juno Chamber of Commerce Marquette Electronics Municipal Governments including Tequesta, Palm Beach Gardens. and the Town of Jupiter Palm BeachlTreasure Coast AFUCIO , Palm Beach County School Board Palm Beach County Government Staff Palm Beach Gardens Community College � Phillips Components Pratt Whitney Southern Bell State of Florida (Palm Beach County/West Pafm Beach Officesi U. S. Government (Palm Beach County/Wesi Palm Beach Offices) VA Hospital South Florida Water Management District lMain Officel Suncoast Chamber of Commerce ' 2. In addition to the above, the DEVELOPER may advertise at a minimum in the following newspapers and media publications which may have a large Afro-American readership indicating the potential housing opportunity within the Town of Jupiter: Broward Times Miami Times Suncoast Chamber of Commerce Publication Church butletin boards that have a large minority cong�egation 3. Dependent on the advertising median chosen all advertising shall include as a minimum the foUowi� untit ail resideMial units �a sold: � a. Written Advenisemer�ts: 1. The advertisement shall as a minimum indude the following: a) Typewritten statemeM tegibly written indicadng the following: Devaloper's Agrhment Page 3 of 7 "We are pledged to utdize our best efforts to achieve, mamtain and enhance ethnic divetsity �n our commurnty." b) The type sty�e shall be of the same type style as the advertisement and shalt be a minimum of 10 point �n s�ze. 2. If it is the desire'of the developer to depict humans within thE ad as a photograph, such ad shall depict Afro-Amencans. b. Radio/Broadcast Advertisements: � 1. The announcer 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. Televised Adveriisements: 1. The announcer shall as a minimum 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." 2. If it is the desire of the developer to depict humans within the television advertisement, the advertisement shall depici Afro- Americans. 4. Proof of advertising as required as a part of this Agreement shall be forvvarded to the following: AS TO THE TOWN: Department of Community Development Town of Jupiter 210 Military Trail Jupiter, Florida 33458 AS TO THE NORTH COUNTY EDUCATION COMMITTEE: Chai�son North County Education Committee Tov�m of Jupiter � 210 Military Trail Jupit�, Rorida 334E8 Devsioper'a Agreement Page 4 of 7 Section 3. EFFECTIVE DATE AND TERM OF AGREEMENT Th�s Agreement �Nill become effectwe upon the date of last execution by the parties hereto. The Agreement shall remain in effect until all resident�al units are sold. Section 4 . FAILURE TO PERFORM IN GOOD FAITH Shoutd DEVELOPER fail to perform the terms of this Agreement in good faith, then the TOWN shall not issue any development permits, including but not limited to the foflowing permits, building permits, vegetation removal permits, occupational licenses, etc. for the residential property subject to this Agreement. Section 5. TERM{NATtON 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 tfie TOWN. Section 6. aUARTERLY REPORT The DEVELOPER shalt, every 3 months uniil 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 Agresment. As a minimum, this shall include: a. Copy(iesl of the advertisementls) or verification of the advertisement (if television or radio was utilized). b. Frequency the advertisement(s1 occurred. c. Names of the publication{sl the advertisement occurred. Section 7. INDEMNITY � Should the rights of either party to enter into and perfarm under this Agreement be challenged � in any law suit, arbitration or administration p�oceedings (the 'legal p�oceedings") and the TOWN and/o� the DEVELOPER is made a party thereto, or, the TOWN'S or the DEVELOPER'S right to perfarm under this Agreement or benefit to be derived by the TOWN or DEVELOPER from this Ag�eement 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, incurired as a result of arry of the foregoing events. Initiation of legal proceedings may effect the school baundary assignments of the public school population residing i� the TOWN, and of the public school population residing in the subj8ct property, made pursuant to this Agreement and the Interlocal Agreement, should a court of competent jurisdiction invalidate, modify, or in any material way alter this Agreement or the Inteirlocal Agreement. If such aation is taken by a Court, the TOWN arM DEVELOPER are �eleased from th�ir obligations as stated herein. � Oeveloper's Agreemsnt Page 5 of 7 Sectio� 8 . GOVERNING LAW This Agreement and the nghts and obligations created hereunder shail be interpreted, construed and enforced �n accordance w�th the laws of the United States and Flor�da. This Agreement shall not be construed against the party who drafted �t. Both parties have consultants, experts, and;or attorneys of their choos�ng. In all litigation brought in connection w�th th�s Agreement. venue shall lay in Palm Beach County, Flonda, and the prevailing part�es shall be entitled court costs and reasonable attorneys fees. Section 9 . WAIVER No consent or waiver, exp�ess 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 deemect 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 obtigation of such party hereunder. Failure on the part of any party to compfain af any act or failure to act of any of the other party or to declare the other party in defauit, regardless of how long such failu�e continues, shall not constitute a waive� by such part of its rights hereunder. 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 �emainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected hereby and shall be e�forced to the greatest extent permitted by law. Section 11 . 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 12. 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 modi�cations of this Ag�eement will be binding and valid unless made in writing and executed and approved by both parties. Sectio� 13. BINDING AGREEMENT This Agreement shall inure to the benefits of and shalt bind the parties, their heirs, successors or assig�s. � - s�won �a. acc�raNCE This AgreemeM must be accepted by the parties hereto and futly sxecutad. . DevNoper's Agrsement � Page 6 of 7 , Sectio� 15 NOTICE Any notice required under th�s Agreement shall be forwarded to the foiiowing: AS TO THE DEVELOPER: � AS TO THE TOWN: � Depanment of Community Oevelopment 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 YYITNESS WHEREOF, the Parties have set thei� hands and seals as of this day of , 1994. ATTEST: THE TOWN OF JUPITER, FLORiDA Safly M. 6oylan, Town Cierk Karen J. Golonka, Mayor ATTEST: BY: WITNESS TITLE: CORPORATE SFAL , Oeveloper's Agrsamsnt Page 7 of 7 STATE OF FLORIDA COUNTY OF PALM BEACH The forego�ng �nstrument was acknowledged before me this day of 1994, by , as of a Delaware Corporation on behalf of the Corporation, who 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: STATE OF FLORIDA � COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1994, by , as of the TOWN OF JUPITER who 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" • Interlocal Agreement Relating to Student Assignment Exhibit '6' - Development Site Plan tlne.aM+.Mroor..ar 4 . I $ 13.1-81 PI.ANNING AND DEVELOPMENT § 13.1-91 (c) Violations of this article punishable by civil �ne pursuant to Chapter 163, Florida Statutes, shall be referred to the code � enforcement board. (d) All monies collected pursuant to this article shall be depos- ited in the general fund of the vilIage. ie) Repeat violations of this section may be cause for water service disconnection by the villase. tOrd. No. 436, § 6, 6-18-92) 9tate law reference F.S. Chapter 163. Secs. 13.1-82-13.1-90. Reserved. AR.TICLE VI. DEVELOPMENT AGREEMENTS Sec. 13.1-91. Pnblic hearings. . (1) (Requirement.) Before enteri.nginto, 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. t2) [Notice of intent.] (1) Notice of intent to consider a development agreement shall be advertised seven ('n daya before each public hearing in a newspaper of 8eneral ci:+cnlation aad be noailed before � the first public hearing to aII affccted property owaers that reside within the v�lage within three huadred (300) feet of . the property aubjec� to the application. The day, time, and plsoe at which the aeoond pnblic hearing wiII be held shall be announoed at the 5rst pnblic hearing. All advertising cosfs sa provided herein shall be borae by the applicant. (b) The notice shall specify the la�tion of the land subject to the development agreement, the development uses pro- posed on the property, the P�P� PoPulation densiti�, and the proposed bu�ding int�ensities and shall specify a place where a copy of the proposed agreement can be ob- tained. (Orti. No. 425, � 1, 9�4921 3upp. Na 22 81S 4 13.1•92 TEQIJE9'PA CODE � 13.1-92 Sec. 13.1-92. Rsquirements. tl) A development agreement submitted to the village for con- � sideration shall include the following ta� A legal description of the land subject to the development agreement and the names of its legal and equitable owners. (b� The duration of the development agreement. tc) The development uses permitted on the land, including papulation 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 constsucted, and � a schedule to assure that public facilities are available con- current with the impacta of develapment. (e) A description of any reservation or dedication af land for public gurposes on the property subject to the development agreement. (fl A description of all approved development permits or per- mits which need to be appraved for the development of the lands. (g) A findi.ng that the development pe�mitted or proposed is consistent with the Comprehensive Plsa and Land Devel- opment R,egulations cf the V�lage of Tequesta (1i) A description of any canditions, terms, re�ic�ions or other requirements determined to be nece�sssrs► by the villag�e for the public health, safety o� wel�are of its citizens. i (i) A statement i�icating that the falure of the development agreement to address a particular permit, oondition, t�erm or restriction shsll not relieve the developer of the necea- sity of complying with any ]aw gaverning said permitting requirements, oonditions, terms or restridions. (2? The villa�e may require that a development agreement pro- � vide Lhat the entire deveiopanent or atry phase thereof be c�m- menced or coiapleted witbin a specified period of time. t3) Consideration of a developm�t ag�ment by the village shall not in any way be e�sideted as consi�on of an appli- � �pp. Na 22 814 ~ � • _ _ ,. • . ,. _ _. .. . --.-..-:_--... •. - . • . ^ _ • .. . • • • . - . . ... . .. . . . . . , - . � 4 13.1•92 PI.ANNING AND DEVELOPI1dENT 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 fve �5) 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. + , .—� (2) The vi]lage shall review the land anbject to the develop- ment agreement at least onoe every twelve (12) months to deter- mine whether there has been good faith oompliance with the terma of the development agreemen� 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 modified by the village pursuant to a public hearing as set forth in Section 13.1-91. tOrd. No. 425, § 4, 9-492) Sec. 13.1-95. I.aw governin� (1) The development of the laad ehall be governed by the V'�l � lage of Tequesta Code of Ordinances in e�stence at the time of the eaecution of the development agre�nent and all applicable state and federal laws. t2) The villag�e aiaY 8 PP� ��1u��9 �Pted laws and pol• . icies to a development that is subject to a development agreement • if the village has held a public hearing and determined: ` (� The subsequent laws or policies are not in conflid with the � laws and policies in e�dstence at the time of eaecution of � the development agreement 8nd do not prevent develop- � ment of the land uaes, intensi'ties or densities in the devel � a�ent agreement; or . ' ' snpp. No. sZ Slb - . . . , , , , . _ .. . .. .. --„�..�?---' . . ~ . � _ .. .: ,; ... • _ . . .. , � . .�•-•:. ... ,:,•�i•:,_ ; =•''�:^';',�..... . - . . . . . ' ' • _ _ : ,-y�r.s'''.,�"'�e . • ',- - r' r • • � e - . ', _' � f 13.1-95 TEQLTESTA CODE 4 13.1•98 (b) The subsequent laws or policies are essential to the public health, safety or welfare and expressly state that they shall apply to the development that is subject to development agreement; or (c) The subsequent laws or policies are specifically anticipated and provided for in Lhe development agreement; or (d) The village demonstrates that substantial changes have occurred in pertinent canditions existing at the tune of approval of the development agreement; or te) The development agresment is based on substantially in- accurate information supplied by the developer. (Ord. No. 425, � 5, 9-4-92) � - Sec. 13.1•86. AmEndment or caacellation. r The development a�reement may be amended or cancelled by the mutual cansent af the parties to the development a�reement or by their sucoes.sors or assigns. (Ord. No. 425, � 6, 9-492) � Sec. 13.1-97. Recording 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 Cowrt in Pslm Beach County, Florida. A copy of the recorded development agreement shaIl be submitted w the state land glanning agency within fourteen (14) days after the agreement is recorded. The provisiana of the development � agreement aball be binding npoa and the benefita of t&e agre� = ment shaIl inure ta all sucoessors ia interests to ths parties to the agreement, (Ord. No. 425, � ?, 9-49Z) 3ec. 13.1•88. Modification or revocation. If state or federal � laws are �nacted af�er the exe�ution of a = . ' development agreement which are applicable to prEClude the par• � ties' compliance with the terms of the development agreement, snch agreement sLaII be modified or revoked as is neceasary to � comply with the relevant state or federal laws. (Ord. No. 425, � 8, , � 9-4-82) . . . . . _ . . _. . . . (The nest pn�e i� 827'1 . . . � supp. Na �2 , 816 � : ' ' °� j �- • :•�4'�-'A�'�' .- ..� ..r _ ... �.�:- � �"� • �!r.°`�� : •`,��'.��l:..��+.+.' ' ; ' • • •' i - '�.� ~ " ' s� t,.n• t.a:,.!-.�'���., %\:,..� tK • e v •�� t �� , ' .++'. %�- . ' ' �. �'.�.'ti�i:\h - �w. � �. • � �' 1� �I �!. +�.:'s� • iif�•, 1 J .1 �' •� y �� �!� i�� � �• ���i.��:.�''� . " ' - _ ' • .', _ . . _ '. '�'� .�. s�i-��,: � �i , ti 't'.i�S _ ...:.1 . -�-wr�- 'Z' h-�T., . . . .. .. . . � .. , t . . � . . . y ' '� • . - . - "''> • :�'. •'. t � , ' . . _. r r..!i�$s; . Y• S.: .. ' " . . ' . . .� ' �'. x�f:�ty° .� � � R 92 } 15 3 D INTERLOCAL AGREEMENT RELATIN(i TO STIIDENT A88Ia�8NT JAN 2 8 1992 This Agreement, made this day of , 1992, between the School Board of Palm Beach County, Florida, the governing body corporate for the Palm Beach County Public School District (hereinafter "SCHOOL BOARD") and the Palm Beach County Board of County Coaunissioners, the Town of Jupiter and the Village of Tequesta (hereinafter the "LOCAL GOVERNMENTS"). WHEREAS, the SCHOOL BOARD has the sole and complete authority to locate and maintain schools and to assign pupils to �those � schools in compliance with both federal and state constitutions, laws, rules, and regulations; and WHEREAS, the LOCAL GOVERNMENTS have declared their commitment to affordable housing and racial integration of their residential . neighborhoods and desire to maintain and enhance a racially balanced public school population in the Study Area Codes (SACs) identified in Exhibit "A" assigned by the SCHOOL BOARD �tithin the area included within this Aqreement; and WHEREAS, in accord with SCHOOL BOARD Policy 1.•045, the SCHOOL BOARD may assiqn students to attend the nearest available school in their SAC areas as long as such assignment does not negatively impact racial balance in those schools; and WHEREP,S, the LOCAL GOVERNMENTS have requested that the SCHOOL BOARD authorize boundary exemptions in order to further integration/desegregation in the area so that students who reside in the SACs indicated in exhibit "A" may attend the nearest available schools; and WHEREAS, the SCHOOL BOARD and the LOCAL GOVERNMENTS desire to memorialize the terms for the requested boundary exemptions to ensure compliance w3th and for administration of those terms; and WHEREAS, this Interlocal Agreement is made in furtherance of the goals, objectives and policies of the Comprehensive Plans adopted by each LOCAL GO�ERNMENT pursuant to Chapter 163, Florida Statutes, and the constitutional and statutory powers of the SCHOOL �OARD and the LOCAL GOVERNMENTS. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein, it is hereby aqreed as follows: 1. The recitals set forth above are hereby confirmed and ratif ied; and 2. The parties hereto shall adhere to and be bound by said Artiales and Sections. ARTICLE I PURPOSE AND SCOPE Section 1.01. The purpose of this Agreement is to provide specific terms and conditions for the LOCAL GOVERNMENTS to maintain and enhance a racially balanced public school popuiation within the area included within this Agreement and for the SCHOOL BOARD t� grant certain school boundary exemptions to facilitate achievement of the SCHOOL BOARD'S racial balance goals and to facilitate achievement of the LOCAL GOVERNMENT'S goals of: (1) ensuring that all LOCAL GOVERNMENT public schoal students in the SACs identified in Exhibit "A" attend the nearest available schools as defined herein; and (2) promoting affordable housing opportunities within the area included within the Aqreement. ARTICLE II MAINTENANCE AND ENHANCEMENT Section Z.01 - LOCAL GOVERNMENT Implementation The LOCAL GOVERNMENTS shall be responsible for the implementation, as permitted by law, of the proposed plan to maintain and enhance a racially balanc public school population and for conducting the ordinary and usual business and affairs in connection wifh the proposed Irlan. The parties intend that all residential areas in the SACs in Exhibit "A" in which public school students reside, or may reside, shall be qoverned by the terms of this Agreement. Section 2.02 - Proposed Plan The LOCAL GOVERNMENTS have provided to the BOARD's Growth Management Center a written proposal which delineates their strateqies to maintain and enhance a racially balanced public school population within the area included.within this Aqreement. Racial balance is achieved where the population of the LOCAL GOVERNMENTS included within this Agreement reflect the public school population by race in accord with SCHOOL HOARD Policy 1.045. The plan includes, and is not limited to: (ij information concerninq the number/type of dwellinq units within the area included within this Agreemeat; (2) the marketing and financinq proqram{s) to reach potential tenants/buyers; and (3) the desiqnated maintenance and enhancement of inteqration qoals for tenants/buyers. The plan shall be attached hereto for information only as Exhibit "B". The LOCAL GOVERNMENTS covenant, warrant, and represent that they� shall. endeavor to implement the plan as permitted by law. . 2 Section 2 03 - Schoal Boundary Exemption Pursuant to SCHOOL BOARD Policy 1.045, the SCHOOL BOARD will qrant to the public school populatian within the SAC's in Exhibit "A" a revocable administrative school boundary exemption. This exemption will allow children who reside in th e AC's to ° attand the �eares� available school effec�ive the 19��-$� schoo� �--�-;.-. year as long as the LOCAL GOVERNMENTS meet the conditions noted '� = w��hin this Section. The term "nearest available school" means a school located withir. the City's corporate boundaries, then/or .� within a five-mile radius of the City's corporate boundaries. Students residing in the City and currently assigned to schools outside the five-mile line will be extended a student assignment exemption as provided elsewhere within this Aqreement and will be assigned to the nearest available school. Students residing in the City and presently assigned within the five-mile line will automatically be granted a student assignment exemption to permit them to remain at their presently assigned school for as long as the City meets conditions of this Agreement. The only exception to these automatic exemptions will be for students reassigned due to the opening of new schools or to relieve overcrowding except that a student presently assigned to a school outside the five-mile line may, at his/her option, remain at that school. The LOCAL GOVERNMENTS shall achieve and maintain a public school population within the SAC's in Exhibit "A" of between 10 and • De�. 3�, 40 percent Black ( the "racial balance" ). The LOCAL GOVERNMENTS �99s e n compliance with this Aqreement and the SCHOOL BOARD will � �� assign students from the LOCAL GOVERNMENTS to the nearest available school (as defined hereinabove) pursuant to SCHOOL BOARD Policy 1.045. The Superintendent shall monitor quarterly and report annually commencing September 30, 1992, on the racial balance of public school students Citywide. If the LOCAL GOVERNMENT ceases to be in compliance with the Aqreement, the SCHOOL BOARD shall provide the LOCAL GOVERNMEI�IT with written notice thereof. After receipt of the notice, the LOCAL GOVERNMENT shall have four quarterly reporting periods in which to bring the public school population into compliance with the Aqreement. As long as the LOCAL GOVERNMENT is in compliance with the ' Aqreement, students shall be assiqned to the nearest available schools. If the LOCAL GOVERNMENT• does not comply with the Aqreement,�after notice and time to comply, the boundary exemptions contained herein will expire without further action •by either patty. ' 3 1 • ARTICLE riz TERM AND TERMINATION Section 3.01 Term: This Agreement shall continue for an indefinite period of time from the date of this Agreement until terminated in accordance with the provisions herein. Unless otherwise specifically provided, the exercise or use of one of the provisions shall not preclude the exercise or use of any other provisions. Section 3.02 Termination: This Agreement shall terminate automatically, without further liability or obligation, if any of the followinq events occur: A. The LOCAL GOVERNMENT does not comply with the Aqreement; or � B. The LOCAL GOVERNMENT fails to maintain the racial balance as defined herein, but only if the LOCAL GOVERNMENT is not in compliance with the proposed plan after the four quarterly reporting periods following notification of noncompliance or, for qood cause shown, additional reportinq periods at the discretion of the SCHOOL BOARD; or C. The SCH�OL BOARD does not comply with the Agreement; or D. Any LOCAL GOVERNMENT may withdraw upon notifying the other parties in writing they are withdrawinq from the Aqreement, but such withdrawal shall not terminate this Aqreement for those parties remaininq. ARTICLE IV MISCELLANEOUS PROVZSIONS Section 4.01 Indemnity: Should the riqhts of any party to enter into and perform under this Aqreement be challenqed in any way in a lawsuit, arbitration ' or administrative proceedinq (the "Leqal Proceedinqs") and a LOCAL GOVERNMENT be made a party thereto or ths LOC1�L GOVERNMENT'S riqht to perform under the Agreement or benefits to . be derived by the LOCAL GOVERNME1�tT from the Agreement be made subject to or effected by such Leqal Proceedinqs, then the School Board and the LOCAL GOVERNMENT hereby aqree to bear their own costs, of whatsoever nature, incurred as a result of any of the foreqoinq events. � ' .�.� 1�'l�w� a�r�aw�wi � :°.�_'. �::: i.����'�--A34►-�'�..� s- ..L- - ---i � • i i " 4 � � . � , � Initiation of Legal Proceedings may affect the school boundary assignments of the public school population residing in the LOCAL GOVERNMENT made pursuant to this Agreement should a court of competent jurisdiction invalidate, modify or in any way alter this Agreement. If such action is taken by a court, all parties are released from their obligations as stated herein. Section 4.02 Governing Law: This Agreement and the rights and obligations created hereunder shall be interpreted, construed and enforced in accordance with� the laws of the.United States and F'lorida. This Agreement shall not be construed against the party who drafted it and both parties have consulted experts/attorneys of their choosing. If any litigation should be brought in connection with this Agreement, venue shall lie in Palm Beach County, Florida, and the prevailing party shall be entitled to court costs and reasonable attorney fees. Section 4.03 Waiver; No consent or waiver, expressed 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 other 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 party in default, regardless of how lonq such failure continues, shall not constitute a waiver by such party of its rights hereunder. Section 4.04 Severability: If any provision of this Aqreement 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 qreatest extent permitted by law. Section 4.056 Entire Aqreement: This Agreement contains the entire Aqreement between the parties. No right, duties or obliqations of the parties shall be created unless specifically set forth in the Aqreement. No amendments or modifications of this Agreement will be bindinq and valid unless made in writing and executed and approved by the 5 parties or their successors or assiqns. Section 4.47 BindinQ Aqzeement: This Agreement shall inure to the benefits of and shall bind the parties, their heirs, successors or assigns. This Agreement may be assigned without consent of any Party and all of the terms and conditions set forth herein shall inure to the benefit of and shall bind the assignee. Section 4.08 Acceptance: � This Agreement must be accepted by the parties hereto and fully executed. Section 4.09 Notice: Any notices required �nder this Agreement shall be delivered by hand or by certified mail, return receipt requested, to the following: AS TO THE BOARD: � Chairperson School Board of Palm Beach County 3910 RCA Boulevard, Suite 1011 Palm Beach Gardens, Florida 33410-4313 AS TO THE LOCAL GOVERNMENTS: Town Manaqer Town of Jupiter 210 Milifiary Trail Jupiter, Florida 33458 village Manaqer Villaqe of Tequesta 357 Tequesta Drive Tequesta, Florida 33468 County Ad�iinistrator Palm Beach County c!o Governmental Center - 301 North Olive Avenue West Palm Beach, Florida 33401 ' 6 The LOCAL GOVERNMENTS shall cause a duplicate oriqinal of this Agreement to be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida, as required by Section 163.01(11), F.S. IN WITNESS WHEREOF, the partiPs hereto cause the executian of this Agreement by their duly authorized officials. SIGNED, SEALED AND DELIVERED: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA J ` �� Witness: � By: . OA CHAIRPERSON witness: � �''�' �- /�' Date: 3 � - '!'1� , ATTES�: TOWN OF JUPITER, FLORIDA By : ,¢ � TO C R..K TOWN MANA R TOWN OF JUPITE TOWN OF JUPITER Date : f=t 5�,,�� �� / y � 5 y� ATTEST: VILLAGE OF TEQUESTA, FLORIDA . By •/ � � � VI GE CLERK VILLAGE MANAGER VILLAGE OF TEQUESTA VILLAGE OF TEQUE�T Date: ��%��"",`. /�/ .� �� ATTEST MlLTON T. BAUER, CLERK p� B�CH , FLORIDA, ... � � � Of Cp�ggp�g BY ITS BO F COUNTY • . • • . � / COMMISSIO . , J ' � ( �� . ����� y � . _,� � r� j • I Y6r"V 1 i V4G�7A ,,,/' �' ' ' . • _ _; . � `� � � �:LE�C r B�ARD �F �.'DUNTY C : - : � � carn�sissi�ir�RS R 9 . .1 3 �: � � � ? � � J � 2 8 1992 f . . . . �, � A • . � Date: • -� � . . . ,. ..•• . . ' . Approved as to form and leqal sulfici cy: -, . By : , �%'71'I,,,-� � , � By : TOWN ATTORN • CE O. GENERAL COUN5EL SCHOOL BOARD By � By LLAGE ATTORNEY COUNTY ATTORP7EY acters.2 EXHIBIT "A" TO INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, THE PALM BEACH COUNTY BOARD OF COUNT� COI�IMI�SIONERS TH�' TOFIN OF JUPITER AND THE VILLAGE OF TE UESTA 001 002 003A � 003B 003C 004 005 006 � 007 008 009 O10 O11A O11B 012 - 013 014 O15A O15B 016 017 018 019 020 � 021 022A 0228 025A 027 028 029 030 031 032 033 034 035A - 0358 036 100 384A 3848 agz�s.3 EXHIBIT "B" TO INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, THE TOWN OF JUPITER AND THE VILLAGE OF TEQUESTA The area included within this agreement, adopted by the Palm beach County board of County Commissioners, the Town of Jupiter and the Village of Tequesta (hereinafter referred to� as the "Local Governments") do hereby set forth and commit to the following plan in order to maintain a racially balanced public school population within that portion of the county encompassed by this Agreement. PLAN I. INTRODUCTION The area included within this Agreement comprises approximately 78 square miles, containinq single family housinq units and multifamily housing units. The area's housing stock contains a mixture of retirement, sinqle multifanrily, and rental units. The area 3ncluded within this Agreement currently consists of approximately 7,4Z4 students, of which an estimated 4.63$ percent are black. Included within this area are five elementary schools, one middle school, and one hiqh school. Also included within this area are students assiqned to Dwyer Hiqh School and Duncan Middle School. II. STtJDY AREA CODES The Study Area Codes (SACs) set forth in Exhibit "A" attached hereto shall be considered as one SAC by the School Board for the purposes of determining racinl ba2ance within the area included within this Aqreement. � III. COMPREHENSIVE PLAN GOALS, OBJECT�VES, AND POLICIES The comprehensive plans of the Local Governments may contain the followinq qoals, objectives, and policies in furtherance of this plan providinq a wide ranqe of affordable housinq alternatives, encouraqing business and industry to locate within the area included within this Aqreement to providad employment opportunities in close proximity to housinq; and maintaininq a good balance of income levels for school inteqration. In the event one or more of these plans do not contain such goals, objectives, or policies, the Local Governments aqree to consider adoption of appropriate amendments following the adoption of this Agreement. IV. LOCAL GOVE�NMENT CODES The Codes of Ordinances of each Local Government may be revised as necessary and desirable to reflect additional goals, objectives, and policies. Specific chanqes could include the following: (1) encouraging, to the extent permitted by law, developers of all new residential developments to .enter into a voluntary Developer's Agreement with the appropriate Local Government wherein the developer agrees to. utilize its best efforts to achieve racial balance as a condition of development approval; �(2) utilizinq any new or continuing administrative development approvals to encouraqe, or to the extent permitted by law, require as a condition of continued approval that the developer enter into a voluntary Developer's Aqreement with the Local Governments; and, (3j addinq a section to •the Local Government's Codes providing flexibility in housing size to encouraqe the provision of affordable housinq in new residential developments. - V. Annexations The Town of Jupiter and the Villaqe of Tequesta will encourage, and to the extent permitted by law, will require developers of all new residential developments seekinq annexation into their respective corporate boundaries as a condition of development approval to enter into a Developer's Aqreement with the appropriate municipality, wherein the developer aqrees to use the best efforts to provide for a racial balance in the public school population anticipated to reside in the subject residential development. The provisions of such a aqreement shall be substantially similar to those provisions set forth in this Exhibit "B" that are applicable to a aew residential, development. VI. pREVIOUSLY APPROVED RESIDENTIAL DEVELOPMENTS Al1 previously�approved residential developments remaining 2 under developer control within the area included within this Aqreement will be encouraged to enter into a Developer's Agreement with the appropriate Local Government wherein the developer aqrees to use its best efforts to provide for a racial balance in the public school population residing or an�icipated to reside in the subject residential development. The provisions of such an agreement shall be substantially similar to those provisions set forth in this Exhibit "B" that are applicable to a previously approved development. Previously approved residential developments remaining under developer control that have not executed a Developer's Agreement with the appropriate Local Government and that adversely impact the racial balance set forth in the Interlocal Agreement may be subject to the busing provisions of Board Policy 1.045. VII. COPIES OF DEVELOPER'S AGREEMENTS. The Local Governments will provide the Board with copies of all Developer's Aqreements entered into by any of the Local Governments with residential developers. If any developer enters into a voluntary Developer's . Agreement with any of the Local Governments to provide for racial balance in the public school population in a subject development, and fails to perform in good faith pursuant to that Developer's Aqreement, then that development shall be subject to the busing provision of Board Policy 1.045. VIII. ADULT �ESIDENTIAL COMMUNITIES Adult communities, defined as those residential comaiunities or developments that conform to Federal criteria and quidelines for and qualify as "Adults Only" communitie�, shall be exempt from the provisions of this Interlocal Aqreement. The Board shall certify to the Local Governments that such communities do not impact on the Local Governments' SACs, or on the racial balance of the public school population in the area included within this Aqreement. IX. NORTH COUNTY EDUCATION COMMITTEE The Local Goveznments will establish the "North County Education Committee" (hereinafter the "COI�IITTEE) to assist in the implementation of this plan. The COrIIrIITTEE is to be appointed by the Local Governments as follows: . (1) two (2) members appointed by the Board of County Commissioners; 3 (2) two (2) members appointed by the Jupiter Town Council; (3) two (2) members appointed by the Tequesta Village Council; (4) one (1) member appointed by the Jupiter-Tequesta-Juno Beach Chamber of Commerce; (5) one (1) member appointed by the Jupiter-Tequesta-Juno Beach Board of Realtors; and (b) one member appointed as a representative of the Parent- Teacher Organizations from the area's schools. The CONIIKITTEE may establish such other subcommittees or task forces as may be necessary to assist in the completion of its responsibilities. The general responsibilities of the COA�IlrIITTEE are indicated below. � (1) Marketing. Establish and implement a strategy to disseminate information regarding residential housing within the area covered by this aqreement. Ideas for consideration would include: (a) notification of housing opportunities to major area employers (including far example, Florida Power and Light, Pratt & Whitney, Palm Beach County School Board, South Florida Water Management District, Marquette Electronics, and U.S. Sugar); (b) advertisinq for housing and lifestyle in publications appropriate for younq families with children; and (c) coordination with local civic orqanizations for "selling" the Northern Palm Beach County area such as the Chamber of Commerce of the Palm Beaches and the Business Development Board of Palm Beach County. (2) Financinq. Assist in the establishment of proqrams which will encouraqe residential developers to provide �qualified home buyers with assistance in obtaining financing, including payinq for loan closinq costs, loan oriqination fees, interest rate buy-down, or reduced down payments. (3) Future Maintenance and Enhancement. The Local Governments, with the assistance of the Committee,� havinq met and complied with Beard Policy 1.045, seek to remain in compliance with this Policy. In order to 4 maintain and enhance the racial balance of the community, the Local Governments and the Committee will °" undertake the following other maintenaace and enhancement actions: (a) encourage the expansion and development of light industrial areas to provide a wide range and mix of local jobs; (b) investigate the pos�ibility of an areawide inner-city bus route to allow residents to live in the area included within this agreement without the need fo= personal transportation; (c) cooperate with the local Transit Authority to � establish and expand bus service to connections to Tri-Rail and other appropriate areas of employment and residential opportunities; (d) survey the current minority population to learn why they chose to live in the area included within this agreement and then expand upon the positive results of the survey; (e) develop a package which demonstrates community services available for new residents, includinq government services, health care, churches, shopping, child care, summer proqrams, and other youth activities to be � utilized in marketing; (f) communicate frequently with the Board throuqh the establishment of a joint BOARD/LOCAL GpVERNMENT/CDIrIIKITTEE working qroup to address � such topics as quality of education, local school .support, local education issues, new school planning and enhancement of racial balance, maintenance and improvement of existinq educational facilities within the area included within this aqreement, possible creation of a mathematics/science maqnet school (or other appropriate maqnet proqram) at Jnpiter Hiqh School, and cur=iculum improvements at all area schools. - � Additionally, members of the COI�IITTEE and other residents will continue to participate in and encouraqe the Project Mosaic process. aqrM.l , 5 i� -. � RF:��.:.Ui:'V `!U. % '�; '�: I � A RESOLUTION OF 1'f!E VILLACE COUNCIL , � VILLAGF. OF TEQUEST71, PALM BEACH COUNTY �p TtiE I ACCF.PTfNC AND APQRnV1NC AN INTF.RLO('AI.�ACRpgMF,NT UETWEF;N TFiE VILLRCE OF TSQUESTA, f JUPITER, 111VD T}IE DOARD OF COUNTY COMMI�IONERS , OP PAi.M BEACH COlJNTY WITH THE SCHOOL BOARD OF I pALP4 SEACII COUNTY REGARDZNC THE ASSZGNMENT OF STUDENTS RES2DING WITHIN THE VILLACE OF TE�UESTA. , . WHEREAS, the Village Council of the Viilage �f Tc:,u�sta C��:y1:G33 to cooper3te :�i�h �;e Schooi Hc:,:d of Paln pe��; I County and the Town of Jupiter and the Board of County Commissioners of Palm 9each Count! regarding t*e as;ignnent of stude�t:, residing �rithin the Village of Teq:sesta to local schools; and I I I 41IiF.REAS, the Villago Ccur.cil of tho Village of Tequesta .� affirms its commitment to effectuating act�ons res�lt±^g i� natural co. racial integration caithin the areas I incivded within this Agreement, and to maintain and enhance a racially balanced public school population in the study area cod�s (SACs) idantified within this Agreenent; and �� WHcREAS, the Vfilage Courcil of the Viliage of Tequesta, yn cooperation with the Tcxn of Juniter and the Palm 3e � � Cc�nty 9eard of Count;� C�.. and the Sc!;ooi Eoard I ` Palm eeach County, desires to assure assi3nment of siuden;.s residing within its cor�orate limits to attend tne r.�arest available school; and i , � ' �4uests tha Palmag8eachun^ount-�f Schoolvi8oard tofauthoriae 9 questa � bounda: - y exemptions to allow students residing aithin t:e � Vfliage 13mits to attend the nearest available school; and � WHEREAS, the Schcol Boar3 a�d the Villa e of T � to memorialize the ter-:s _'or the� :e�uestedStboundary 1I � exe:nptions to ansure co�pliarce kiti and for administraticn of these terms; and WHEREAS, this Sntericcal Agreement is made in fur:herance of the stated goais, objectives arid policies of the Comprehensive Plan adopted by the Viliage of Tequesta pursuant to Chapter 163, Florida Statutes, and the ' Constitutional and Statutory Pewers of the School Board and • the Village of Teque:,ta. NOI1, THEREFORE, SE IT RESpyyED gy Tpg p=yygGE COONCIL OF THE VILLAGE OF TEQUESTA, PBLM BF�CH CpiJNTy� gyORIDB, as follows: . � Section 1. �he Viliage of Tequesta hereby ��c�pts and ; approves the Iaterlocal Agreement Reiating to Student Assig:unent of the Tequesta student po�ulation as identif?ed � in Ex.*.?bit "A" attache� h�:eto a�d made a part of tn:s Resolution. � Section 2. The Viliage Manager ts hereby authorized to +� eaecute the Zaterlocal Agreement for and on behaif of the Viilage of Tequesta, to which the Viliage C1Erk sha21 attest ' . � an3 affix the Village Seal. . �I Section 3_ The Villa e y things neces� a r y t o c a r g anager is d3rected to do all • Resolution. � I' ° U t � h c purposes a►:d intent of this � Section 4. The Village Clerk is direr�-ed to forward a � certified — copy of this Resolution.to the �Po:•�r. of Jupiter; the , Board of County Commissioners of Pal� Hea._r, County and the � !� School Doard p� palm Bcach Cour.ty. '� Section_ 5_ This Resoluticn st,ail {gkr ��p up��n i t. a�i.�pf ion. f--ct immPdia�ely n tf i; ' jf � fl . �� � �� T!!E FORECOING NESC:LUTION WAS � Councilmambcr ,•�: � :,, ,,� OFfiERED b f I ��Juptivn. ;h ' ^' , who r�ov�d it� Councilmember ���r�� � was secondod b� put to a vote, the vote was a� fol icws: ' •�nd upot� �,�,in3 FOR ADOPTION AGAINST AD OPTION ,_1��;�"h �. Ca„r^tt,� ----- . . f',l�ard C. ifu -- ---- Ron T. titacka 1 � , __ 1Yi t 1 i ar E. P�irc;:art `` - , ' . - • -- ---•- ; - - - - __ �. �_�. -------- rz_•I L. C`�ilin�s � ! The Mayor thereupon decZared the 12esolution duly passad and adogted this 3��th day of January, A.D., 1992. i MAYOR OF TEQUESTA , i I �.,� � � � I /' / J� h N. Capre,.ta I v I ATTEST: � � I _ � ` /' � a�qani �o Village C1erk � � � I T �.. .. 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